City Council
Regular MeetingHackensack, NJ · April 9, 1992
Minutes
A Special Meeting of the City Council of the City of
Hackensack was held at City Hall, 65 Central Avenue, Hackensack,
New Jersey, at 7:00 P. M., on Thursday, April 9, 1992.
Mayor Zisa called the meeting to order and asked the
City Clerk to call the roll.
Present Mayor John F. Zisa, Deputy Mayor Sandra A.
Robinson, Councilmen Mark A. Stein and Mauro A. Mecca, City
Attorney Richard E. Salkin, City Manager James s. Lacava and City
Clerk Doris L. Dukes.
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Absent - Councilman Roger B. Mattei
Mrs. Dukes: "In accordance with the Open Public
Meetings Act, Chapter 231, Laws of 1975, adequate notice to this
meeting was provided by sending a notice to the Record and posting
a copy on the Bulletin Board in City Hall ".
Laura Carucci, Court Stenographer from the firm of
Attorneys Court Reporting was present to stenographically recorded
this meeting.
Mayor Zisa called upon Mr. Salkin to give the details of
the meeting.
Mr. Salkin said January 23, 1992, bids were submitted
for the refurbishment of Tower Ladder 314 and the Mayor and
Council awarded --purporting to award the bid to Fire Apparatus
Unlimited for the sum of $61,500.00.
Information was submitted to Mr. Carnevale, Chief
Financial Officer regarding the low bidder be able to conform to
the terms of the contract.
All bidders were notified of this meeting to hold a
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"responsibility hearing " as to the low bid. The bidders were also
requested to extend their bidding beyond the sixty -day period of
time.
The following were present
Michael J. Sweeney, the Attorney and Stephen Gallagher
were present for Fire Apparatus Unlimited, Inc.
Joseph Mongelli, Sales Representative was present for
Road Masters Repair, who indicated he was not a principal in the
company.
No one was present on behalf of Jacee Moore Industries
or Baker Equipment Engineering Company.
Fred Schmidt, was present for Cambria Auto Company.
Raymond Carnevale, Chief Financial Officer for the City
of Hackensack was sworn in by the City Clerk and questioned by the
City Attorney as to the sequence of events occurring from the date
of advertising for bids to the present.
Mr. Carnevale read a letter from Fire Apparatus
Unlimited, which stated Community Fire Equipment, located at 59
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Liberty Street, Passaic, N. J., is the approved service and
warranty facility for Fire Apparatus Unlimited. Signed by Robert
B. Gray, Marketing Representative.
He said he received a telephone call from Scotty of Road
Master, stating Community Fire Equipment does not have a CO at the
Liberty Street address. Fire Apparatus Unlimited, was then so
advised.
Mr. Salkin also communicated with representatives of
Road Master and Fire Apparatus and Community Fire Equipment, Inc.
The City Attorney advised Council they must make a determination
of whether the low bidder, Fire Apparatus Unlimited, Inc., is in
compliance and can provide the service required, or they would have
the option to reject all bids, or award the bid to the next lowest
bidder, Road Master.
He said that the question has come down basically to the Zoning
Ordinance of the City of Passaic, in that he was advised by the Zoning
Officer that Community Fire Equipment, Inc. had no C. 0. and cannot
undertake any business to provide the warranty services after the
refurbishment is done. Subsequently Mr. Gallagher of Community Fire
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faxed a copy of their C. O. which read, "garage and warehouse
continued use ". Mr. Sweeney and Mr. Gallagher, after being sworn in,
both testified as to the history of the C. O. in question.
Members of Council asked questions regarding the matter which
were answered.
Comments were also made by Mr. Mongelli of Road Master Repair.
Mayor Zisa stated there is some question as to whether or not the
low bidder is qualified to meet the bid specifications and if they
have failed to meet those specifications, a decision would have to be
made as to whether they would be disqualified.
Fire Chief Freeman was also present and was questioned by the
City Attorney as it relates to his review of the specifications and
his recommendation of award to Fire Apparatus Unlimited.
After a very lengthy and extensive discussion, the following
resolution was acted upon by Council.
Resolution #121 OFFERED BY: STEIN SE CONDED BY: ROBINSON
WHEREA S, on March 16, 1992, the Mayor and Council of the City of
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Hackensack did approve Resolution No. 80, incorporated herein by
reference, which purported to award a contract to Fire Apparatus
Unlimited, Inc., 3044 Industrial Boulevard, Bethel Park, Pennsylvania
15102, for the Refurbishment of the Tower Ladder #314; and
WHEREAS, of the six bids received by the City, the $61,500.00 bid
submitted by Fire Apparatus Unlimited, Inc. was the lowest received;
and
WHEREAS, subsequent to the approval of Resolution No. 80, the
Chief Financial Officer of the City of Hackensack received information
concerning the ability of Fire Apparatus Unlimited, Inc. to perform
according to item No. 13 of the "Instructions to Bidders " which
states, " Factory approved service facilities shall be provided within
a fifty (50) mile radius of the City of Hackensack "; and
WHEREA S, upon the receipt of said information the Chief Financial
Officer duly notified all bidders of a "responsibility hearing " before
the Mayor and Council of the City of Hackensack to be held 7:00 P. M.
on Thursday, April 9, 1992; and
WHEREAS, said hearing was held at the appointed time and place,
at which time all interested- parties were permitted to come forward
with any and all relevant information concerning the ability of Fire
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Apparatus Unlimited, Inc. to perform according to the required
specifications promulgated by the City of Hackensack in its invitation
to bid; and
WHEREAS, the "Instructions to Bidders " specifically reserved the
right to the City Council for the rejection of all bids; and
WHEREA S, in light of the facts, circumstances, and conduct of the
bidders in this matter, it is the perception of the Mayor and Council
that the entire bid process undertaken by the City of Hackensack has
been tainted, if not compromised.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Hackensack as follows:
1. The approval on March 16, 1992, of Resolution No. 80
purporting to award a contract to Fire Apparatus Unlimited, Inc. for
"The Refurbishment of Tower Ladder No. 314 " in the amount of
$61,500.00 be and hereby is rescinded: and
I 2. All bids received by the City of Hackensack on January 23,
1992, for the Refurbishment of the Tower Ladder No. 314 be and hereby
are REJECTED.
Roll Call: Mecca - No: Robinson, Stein, Zisa - Yes
Absent - Mattei
Motion offered by Robinson, seconded by Stein that the meeting be
adjourned. Carried. (9:30 P. M. )
I ABSENT
COUNCILMAN ROGER B. MATTEI
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