City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, April 15th, 2002 at 8:00 P.M. Deputy Mayor Trammell called the meeting to order and asked everyone to stand for the flag salute. The Deputy Mayor then asked Mrs. Dukes to call the roll. Present – Councilman Roger B. Mattei, Councilman Jesus R. Galvis, Councilman Mark A. Stein, Deputy Mayor Juanita Trammell, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent – Mayor John F. Zisa Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of l975 adequate notice of this meeting was provided by sending a notice to the Record and by posting a copy on the Bulletin Board in City Hall". Deputy Mayor Trammell announced that there would not be a public hearing this evening due to personal and medical reasons with Councilman Mattei and herself. At the end of the meeting, Councilmen Galvis and Stein, with the Manager and the Attorney will remain for about 30 minutes if anyone has any questions that need to be addressed. Before proceeding with the business of the meeting, Deputy Mayor Trammell introduced Kevin Lynch of Oritani Savings and Loan Bank. Mr. Lynch presented a check in the amount of $5,000.00 to be used for the people who were misplaced due to the fire on Anderson Street. Deputy Mayor Trammell accepted the check and thanked Mr. Lynch and the Bank on behalf of the Mayor and Council and the Citizens of Hackensack, for his generous donation. Both Councilmen Stein and Galvis thanked Mr. Lynch. Deputy Mayor Trammell called for a motion to approve the minutes of the meetings held April 1st & 8th, 2002. Motion offered by Mattei seconded by Stein that the minutes be approved as submitted. Carried. FINAL ADOPTION OF Ordinance No.8-2002 entitled “AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 26, SECTION 28, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED:‘LAND USE PROCEDURES..FEES’”. Deputy Mayor Trammell: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Stein seconded by Galvis that there be a public hearing. Carried. Deputy Mayor Trammell asked if anyone wished to be heard on this ordinance. There was no response.  Motion offered by Mattei seconded by Galvis that the public hearing be closed. Carried. RESOLUTION #126 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 8-2002 entitled: “AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 26, SECTION 28, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: ‘LAND USE PROCEDURES .. FEES’”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #127 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $2,682.12 510 15 Packard Real Estate Group & Nashel and Nashel, LLC 1998 STB 565.44 510 18A “ “ “ 1998 STB 2,754.22 510 15 “ “ “ 1999 STB 580.64 510 18A “ “ “ 1999 STB 2,811.90 510 15 “ “ “ 2000 STB 592.80 510 18A “ “ “ 2000 STB 508.00 102 1,C001C Christie, Ann-Alise 2000 ERR PMT 1,000.00 67 20 L&M Associates 2000 “ “ 632.00 540 1,C00E1 Ortiz, Vilma I. 2000 “ “ $30.00 to Eileen C. Parker, 18 Baurer Court, Apt. 180, Wallington, NJ for Hackensack Youth Track $40.00 to Robin Chamberlain, 115 Spring Valley Avenue for Hackensack Jr. Girls Soccer. $7.00 to Loney Lawrence Wynn, 2337 Hunter Hill Road, Rocky Mount, NC for death record. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent - Zisa RESOLUTION #128 OFFERED BY: GALVIS SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: RA:1669 & RA:1670 Holy Trinity RC Church Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #129 OFFERED BY: STEIN SECONDED BY: MATTEI  INTRODUCTION OF ORDINANCE NO. 9-2002 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 107 OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: ‘LICENSES AND PERMITS’”. BE IT RESOLVED by the City Council of the City of Hackensack, that the above ordinance, being Ordinance No. 9-2002 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held May 6th, 2002, at 8:00 P.M., or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #130 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-060-003 heretofore issued to Peter Ballentyne, Inc., 604-606 Main Street, Hackensack, New Jersey, be transferred to The Stealth, LLC, 604- 606 Main Street, Hackensack, New Jersey, effective April 22, 2002; and BE IT FURTHER RESOLVED that the applicant has complied with Sub-Chapter 7 of the New Jersey Administrative Code. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #131 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be, and hereby is, authorized to execute an Agreement entitled “Memorandum of Understanding” by and between the City of Hackensack, County of Bergen, Department of Planning, N Y S & W Railroad, and the State of new Jersey, Department of Transportation dated April 12th, 2002, and assigning the respective responsibilities of the parties for the construction of the replacement of the NYS & W Bridge over River Street in Hackensack. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #132 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Anthony and Carmela Siervo are the owners and taxpayer of certain real property designated as Block 46.C, Lot 1, and known as 165 Hobart Street; and WHEREAS, the taxpayer filed appeals to their 1999 and 2000 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $152,000; and  WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Anthony & Carmela Siervo v. City of Hackensack”, Docket No: 004395-99 and 002817-00, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $125,000 for 2000 only with the assessment of $152,000 being retained for 1999; and BE IT FUTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #133 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Anthony and Carmela Siervo are the owners and taxpayer of certain real property designated as Block 47, Lot 1, and known as 160 West Street; and WHEREAS, the taxpayer filed an appeal to their 2000 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $313,700; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Anthony & Carmela Siervo v. City of Hackensack”, Docket No: 002819-2000 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $260,000 for 2000; and BE IT FUTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #134 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Anthony and Carmela Siervo are the owners and taxpayer of certain real property designated as Block 79, Lot 16, and known as 59 Cleveland Street; and WHEREAS, the taxpayer filed an appeal to their 2000 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $199,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Anthony & Carmela Siervo v. City of Hackensack”, Docket No: 002828-2000, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $160,000 for 2000; and BE IT FUTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #135 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts, payment of bills and utilities and no adequate provision has been made in the 2002 Temporary Appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above-mentioned; and WHEREAS, the total emergency temporary resolutions adopted in the year 2002 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $8,437,550.00; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20:  1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $575,000.00; 2) That said emergency temporary appropriation will be provided for in the 2002 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Current Appropriations Administrative & Executive O/E $ 10,000.00 Financial Administrative O/E 5,000.00 Tax Collector O/E 5,000.00 Legal Services/Costs O/E 30,000.00 Public Buildings/Grounds O/E 30,000.00 Telephone O/E 30,000.00 Utilities 20,000.00 Group Insurance Plan 300,000.00 Fire Alarm O/E 2,000.00 Fire Official O/E 5,000.00 Fire Hydrant Service O/E 60,000.00 City Garage O/E 5,000.00 Streets & Roads O/E 10,000.00 Garbage & Trash O/E 10,000.00 Sanitation Sewer 30,000.00 Celebrate Public Events O/E 13,000.00 Safe & Secure S/W 10,000.00 TOTAL $575,000.00 Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #136 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, the mandatory Source Separation and recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent of the Act to use the grants to develop new municipal recycling programs and to expand existing programs; and WHEREAS, the New Jersey Department of Environmental Protection is publicizing recycling regulations to implement the mandatory Source Separation and recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, such as the keeping of accurate verifiable records of collected materials; and WHEREAS, Hackensack’s authorization to apply for a tonnage grant will honor its commitment to recycling; and WHEREAS, in order to perfect the application and funding for fiscal year 2001, it is necessary to ratify the City’s participation in the program in the aforesaid year; NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby endorse the submission of the recycling tonnage grant application for the year 2001 to the New Jersey Department of Environmental Protection and designates Arthur Koster as the Recycling Coordinator; and BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a trust fund to be used solely for recycling purposes. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #137 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to engage the engineering and planning services of Desman Associates, 49 West 37th Street, 5th Floor, New York, New York 10018, to undertake a comprehensive review and assistance in the implementation of recommended improvements to the downtown parking system of the City of Hackensack; and WHEREAS, said professional services shall be in accordance with a letter proposal dated March 27th, 2002, in an amount not to exceed $60,800.00; and WHEREAS, said services are exempt from public bidding as they are to be performed by a person authorized by law to practice a recognized profession and as such are professional services as that term is defined by N.J.S.A.40A:11-2(6) of The Local Public Contracts Law; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account Number 2-20-100-204; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute the letter proposal dated March 27th, 2002 with Desman Associates for the performance of the aforesaid professional services; and BE IT FURTHER RESOLVED that the City Clerk is directed to retain a copy of the executed letter proposal on file and available for public inspection and to publish a Notice of this action once in The Record. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa RESOLUTION #138 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Account $ 2,752,257.65 Capital Account 14,300.00 Public Parking System Account 6,599.09 Trust Account 10,097.40 Payroll Agency Account 208,922.81  BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes – Mattei, Galvis, Stein, Trammell Absent – Zisa Introduction of the 2002 Municipal Budget offered by Stein, seconded by Mattei and carried is on file in the office of the City Clerk as a permanent record. Mrs. Dukes advised the Deputy Mayor that her docket was completed. The Deputy Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. Deputy Mayor Trammell announced the public portion would be adjourned and called for a motion to adjourn the meeting. Motion offered by Stein, seconded by Galvis that the meeting be adjourned. Carried (8:15 PM) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR JUANITA TRAMMELL ____________________________ COUNCILMAN MARK A. STEIN ___________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN ROGER B. MATTEI ATTEST: ________________________ CITY CLERK