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, August 16th, 2004 at 8:00 P.M. Mayor Zisa called the meeting to order and asked everyone to stand for the flag salute. The Mayor then asked Mrs. Heck to call the roll. Present – Mayor John F. Zisa, Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, City Clerk Debra A. Heck, City Attorney Richard E. Salkin, City Manager Peter Capone. Absent – Councilman Roger B. Mattei Mrs. Heck: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, 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.” Mayor Zisa called for a motion to approve the minutes of the meeting held August 2nd, 2004. Motion offered by Trammell and seconded by Stein that the minutes be approved as submitted. Carried. RESOLUTION #215 OFFERED BY: STEIN SECONDED BY: TRAMMELL 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 refund for the reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $1,207.28 236 36E Hackensack University Medical Center 2004 ERR PMT 880.56 444 18A Merino, Segundo C & Ruth C. 2004 ERR PMT 1,138.50 311 19 Frast Investment Corp. 2004 ERR PMT Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #216 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Robert A. Carucci, a Public Safety Telecommunicator, has requested a Leave of Absence without pay for five months to assume the position of Police Officer in this jurisdiction; and WHEREAS, former City Manager James S. Lacava had determined that this employee be granted a Leave of Absence, commencing July 28, 2004 and terminating December 17, 2004. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Robert A. Carucci, Public Safety Telecommunicator, be granted a five months Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #217 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, in the largest deployment since World war II, a large share of new Jersey’s 17,000 Military Reserves and National Guard members are being called up to active military service for extended periods to help the United States in its Global War on terrorism; and WHEREAS, the Mayor and Council are greatly concerned for the welfare of these brave men and women, and add their prayers to those of other Americans for their safe return; and WHEREAS, in addition to their concern for the safety of these troops, the Mayor and Council are also very concerned about the financial impact on these individuals and their families by having their jobs, careers, or in this difficult economy, their job-hunting efforts, interrupted for long periods while serving our country; and WHEREAS, the Mayor and Council were pleased to receive notification that the State of New Jersey’s Department of Banking and Insurance, Department of Military and Veterans Affairs, and the Department of Treasury are offering, a financial aid program known as Freedom Loans “that will provide financial assistance to New Jersey’s Military Reserve and National Guard personnel who have been called up for long-term military service”, and WHEREAS, upon reading the details of the Freedom Loan Program, the Mayor and Council were disappointed to learn that after an individual is deployed for at least one year of service, the loans offered are only up to a maximum of $10,000 at an annual percentage rate of 6% with a 5 year pay-back term, principal and interest deferred for a year during Deployment”. Officials think that, while such a program might provide immediate relief to some individuals, the Freedom Loan program falls short of providing long-term meaningful financial help to the Reservists and Guard members being deployed; and WHEREAS, the Higher Education Student Assistance Authority (HESAA) is an instrumentality of the State which guarantees about $900,000.00 of State Revenue Bonds to provide further access to postsecondary education; and WHEREAS, a variety of Federal and State Student Loan Programs are guaranteed by HESAA with many of these programs offering students tens of thousands of dollars, currently at interest rates from 2.8% to 5.5% with no payments required until after graduation, and with pay-back periods from 10 years to 25 years; and WHEREAS, the Mayor and Council of the City of Hackensack strongly believe that, in addition to the short-term help provided by the Freedom Loan Program, a State financial aid program for Reservists and Guard members deployed for extended periods needs to be established similar to the students loan programs that have been so successful over the years in helping thousands of our young people advance their education. NOW, THEREFORE BE IT RESOLVED on this th 16 day of August 2004, by the City Council of the City of Hackensack, County of Bergen, State of New Jersey that: 1. The Mayor and Council of the City of Hackensack respectfully request Governor McGreevey and members of the New Jersey Senate and Assembly to work with the Department of Banking and Insurance, Department of Military and Veterans Affairs, Department of the Treasury, and any other departments or agencies, to implement a financial aid program for our reservists and Guard members that offers loans similar to those offered to our students. 2. Specifically, our Reservists and Guard members should be offered financial aid a) of sufficient size, b) at low interest rates, c) with payments deferred until one year after completion of service, and d) with at least ten year payback period with the same type of terms as given to students to help them get their lives back in order when they return home. New Jersey is one of the wealthiest States in the Union. Certainly we can do more to support the individuals, who are being deployed, many to dangerous places to protect us from terrorism. 3. A copy of this resolution be sent to every New Jersey municipality asking that, if they agree in principle, they pass a similar resolution and forward it to the Governor and members of the State Legislature. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #218 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor, City Clerk and the Superintendent of Public Works be and they hereby are authorized to execute a WQM-003 form to be submitted to the New Jersey Department of Environmental Protection by Endurance Engineering P.C., in connection with a treatment works approval permit application prepared in connection with the construction of the project known as the “Proposed Laundromat” located in Block 424, Lot 17.01 in the City of Hackensack. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #219 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-009-008 heretofore issued to Kiss Budapest Corp., 206 Main Street, Hackensack, New Jersey, be transferred to El Corso Corp., 206 Main Street, Hackensack, N.J., effective August 16, 2004; and BE IT FURTHER RESOLVED that the applicant has met the requirements of Sub-Chapter 7 of the New Jersey Administrative Code.  Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #220 OFFERED BY: TRAMMELL SECONDED BY: GALVIS 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 $4,323,827.52 Capital Account 48,838.07 Public Parking System Account 6,286.31 Trust Account 20,457.65 Payroll Agency Account 125,891.64 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 – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #221 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor license be issued in the City of Hackensack, effective July 1, 2004 through June 30, 2005, applicants having complied with the ordinances of the City of Hackensack and paid the required fee: 0223-33-065-008 Abraham Sarkissian 1110.00 89-91 Main Street Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #222 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Sam Lipman is the owner and taxpayer of certain real property designated as Block 100.E, Lot 10, and known as 174 Polifly Road; and WHEREAS, the taxpayer filed an appeal to its 2001 and 2002 real property tax assessment which matters are presently pending in the Tax Court of New Jersey ; and WHEREAS, the yearly assessment is $800,000; and WHEREAS, upon review of the information supplied, 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 application of the Freeze Act (N.J.S.A. 54:51 A-8); which may be necessary to effectuate the settlement of litigation entitled “Sam Lipman v. City of Hackensack”, Docket Nos. 002808-01 and 000338-02, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $750,000 for 2001 and 2002; 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 – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #223 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Fleet Bank is the owner and taxpayer of certain real property known as Block 207, Lot 1 designated as 15 Main Street; and WHEREAS, the taxpayer filed appeals to its 2001, 2002 and 2003 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,150,000; and WHEREAS, upon review of the information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Appraiser 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. 54:51 A-8), which may be necessary to effectuate the settlement of litigation entitled “Summit Bank v. City of Hackensack”, Docket No. 001638-01 and “Fleet Bank v. City of Hackensack”, Docket Nos: 001530-2002 and 001023-2003, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,100,000 for 2002 and $750,000 for 2003; 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 – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #224 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Marilyn Manor Apartments is the owner of certain real property known as Block 443, Lot 19, designated as 300 Lookout Avenue; and WHEREAS, the taxpayer has filed an appeal to its 2001 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $1,500,000; 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 this matter should be settled; and WHEREAS, said settlement is in the best interests 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 which may be necessary in order to effectuate a settlement of litigation entitled “Marilyn Manor Apartments v. City of Hackensack”, Docket No. 001168-01 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,450,000 for 2001; 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 – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #225 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Delmar Realty Co., Inc. is the owner and taxpayer of certain real property designated as Block 218, Lot 10, and known as 134-142 John Street; and WHEREAS, the taxpayer filed an appeal to its 2001, 2002 and 2003 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $683,700; and WHEREAS, upon review of the information supplied, 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 application of the Freeze Act (N.J.S.A. 54:51 A-8); which may be necessary to effectuate the settlement of litigation entitled “Delmar Realty Co., Inc. v. City of Hackensack”, Docket Nos. 003815-01, 004284-02 and 005432-03, presently pending in the Tax Court of New Jersey, so that the assessment for 2001 shall be retained at $683,700 and that the assessment be reduced to $525,000 for 2002 and 2003; 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 – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #226 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Arcadia Court, LP is the owner and taxpayer of certain real property designated as Block 1, Lot 4, and known as 25 Moonachie Road; and WHEREAS, the taxpayer filed an appeal to its 2001 and 2002 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $3,000,000; and WHEREAS, upon review of information supplied, 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 application of the Freeze Act (N.J.S.A. 54:51 A-8); which may be necessary to effectuate the settlement of litigation entitled “Arcadia Court, LP v. City of Hackensack”, Docket Nos. 00001686-01 and 000842-02, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,840,000 for 2001 and 2002; 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 – Galvis, Trammell, Stein, Zisa Absent - Mattei Mrs. Heck advised the Mayor that the docket was completed. The Mayor thanked her and asked the Council if they had anything to report. Councilman Stein advised that weather permitting there would be a Salsa concert in Foschini Park on Wednesday night. The Mayor opened the meeting to the public for discussion of City business. Mr. Frank Campbell, 111 Catalpa Avenue, questioned whether any decision had been reached by the Police Department with reference to his question of the “signage” at the Spring Valley Avenue intersection. Mr. Campbell also stated that there are no handicapped curb cuts at the corner of Louis and Cedar Avenue. The Mayor indicated that this would be checked by Mr. Capone. Philip Roberts, 17 Lodi Street, stated that he was present to ask for backing by the Council to ask the County to consider moving its services from Hackensack to Paramus.  As no one else wished to be heard, a motion was made by Councilman Stein and seconded by Councilwoman Trammell that the meeting be adjourned. (Carried 8:21 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR JESUS R. GALVIS ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ _ COUNCILMAN ROGER B. MATTEI ___________________________ COUNCILMAN MARK A. STEIN ATTEST:_______________________ CITY CLERK