City Council

1 The Regular Meeting of the City Council of the City of Hackensack, was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, January 19, 1993. Mayor Zisa called the meeting to order at 8:16 P.M. and requested everyone stand for the Flag Salute. The Mayor then asked the City Clerk to call the roll. Present Mayor John F. Zisa, Councilmen Mark A. Stein, Mauro A. Mecca and Roger B. Mattei, City Attorney Richard E. t Salkin and City Clerk Doris L. Dukes Also present Eugene Duffy, Director Community Affairs Absent - Deputy Mayor Sandra A. Robinson and City Manager James S. Lacava Mrs. Dukes: "In accordance with the Open Public Meeting Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and posting a copy of same on the Bulletin Board in City Hall". Mayor Zisa called for approval of the minutes of the meetings held December 21st and December 31, 1992. Motion offered by Mecca, seconded by Stein that the minutes be approved as submitted. Carried with the following exception: December 31st minutes - Mayor Zisa - Abstained Mayor Zisa announced a special presentation to one of our Police Officers, Craig Aquilina, who was responsible for organizing many hours of volunteer work among our Police Department and other people in the community to provide food, I clothing and equipment for the Florida Storm victims. The Mayor called Mr. Fredericks who made the presentation on behalf of the American Society of Industrial Security, Northern New Jersey Chapter and requested Councilman Roger B. Mattei, Police Liasion to assist. Councilman Mattei told Police Officer Aquilina that he was very appreciation of what he did and was very proud of him. Mr. Acquilina introduced his wife and mother. Mayor Zisa asked for approval of the minutes of the meetings held January 5th and January 11, 1993. Motion offered by Councilman Stein, seconded by Councilman Mattei that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 18-92 ENTITLED: "AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERTAIN MUNICIPAL LANDS BEING (PART OF) BLOCK 61, LOT lA, FOR PRIVATELY OWNED LANDS BEING (PART OF) BLOCK 61, LOT 1, LOCATED IN THE CITY OF HACKENSACK, NEW JERSEY" I Mayor Zisa: "This ordinance has been advertised and now I calls for a public hearing. May I please have a motion. Motion offered by Mecca seconded by Mattei that there be a public hearing. Carried. Mayor Zisa asked if anyone wished to be heard on this ordinance. There was no response. Motion offered by Mattei seconded by Stein that the public hearing be closed. Carried. ., Resolution #9 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RSOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 18-92, entitled: "AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERTAIN MUNICIPAL LANDS BEING (PART OF) BLOCK 61, LOT lA, FOR PRIVATELY OWNED LANDS BEING (PART OF) BLOCK 61, LOT 1, LOCATED IN THE CITY OF HACKENSACK I NEW JERSEY" I pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa I Absent - Robinson RESOLUTION #10 OFFERED BY: MECCA SECONDED BY: STEIN 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 reasons stated: $125.00 to Karen Johnson, 440 Kinderkamack Rd., River Edge, NJ 07661 representing fee paid for Emergency Ambulance Serv. on 9/9/1992 $322.00 to Charles Luppino, 1265 15th St., Fort Lee, N.J., 07024, and $115.00 to F.D.U., 1000 River Road, Teaneck, N.J. 07666, representing duplicate fees paid for elevator inspections Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #11 OFFERED BY: MECCA SECONDED BY: MATTEI WHEREAS, the Department of Public Works, Police and Welfare I require Hardware and Software support and maintenance for their Computer systems; and WHEREAS, a proposal dated January 1, 1993 for maintenance of said systems to include hardware and software has been obtained from DMA INDUSTRIES; and WHEREAS, these services are of an extraordinary unspecifiable nature as it involves the maintenance of a complex computer system as defined by 5:30-14-C promulgated by the Local Finance Board, Division of Local Government Services, and N.J.S.A. 40:11-5 (1) (a) (ii); NOW I THEREFORE I BE IT RESOLVED that the proposal of DMA INDUSTRIES, P.O. BOX 710, FAIRLAWN, N.J. 07410 be accepted and a Service Contract in the amount of $26, 748.00 be awarded. BE IT FURTHER RESOLVED I that the Chief Financial Officer certifies" that funds are available in the General fund of the 1993 budget from accounts: 13-310-308 $18, 744.00 13-401-308 3, 084.00 13-620-308 4, 920.00 Purchase Order #77734 Roll Call: Ayes - Mecca, Stein, Mattei, Zisa RESOLUTION #12 Absent - Robinson OFFERED BY: MECCA SECONDED BY: STEIN I WHEREAS, it has been found necessary to make an Emergency Appropriation to meet certain extraordinary expenses incurred, or to be incurred, by reason of damage caused by Storm of 1992 and: WHEREAS, N.J.S.A. 40A:4-54 et seq., provides that it shall be lawful to make such appropriations, which appropriation and or the "special emergency notes" issued to finance the same shall be provided for in succeeding annual budgets by the inclusion of an appropriation of at least 1/5 of the amount authorized purauant to this act.  WHEREAS, this resolution shall be effective as of December 31, 1992. NOW' THEREFORE' BE IT RESOLVED by the City Council of the City ·of Hackensack in the County of Bergen (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A-4-55; 1. An emergency appropriation be and the same is hereby made for: Storm of 1992 $750,000.00 t 2. That the Chief Financial Officer has certified that the expenditures to be financed through this resolution are related to the aforementioned emergency. 3. That said emergency appropriation shall be provided for by the inclusion of not less than $150,000.00 in each of the next succeeding annual budgets. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #13 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with application on file in the Office of the City Clerk: RA:l385 R.C. Church of the Holy Trinity Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #14 OFFERED BY: MATTEI SECONDED BY: STEIN I WHEREAS, the City of Hackensack and the Borough of Maywood have heretofore entered into an agreement for mutual aid fire assistance; and WHEREAS, the Fire Chief of the City of Hackensack has recommended that said agreement be renewed for the year 1993; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and are hereby authorized to execute and deliver a renewal agreement on behalf of the City of Hackensack. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #15 OFFERED BY: MECCA SECONDED BY: STEIN WHEREAS, the City of Hackensack requires the services of a Bonding Attorney; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law pursuant to I N.J.S.A. 40A: 11-5 (1) (a) (i) of the Local Public Contracts Law; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bids and the contract itself, must be available for public inspection; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of the firm of ) Lowenstein, Sandler, Kohl, Fischer and Boylan, 65 Livingston Avenue, Roseland, New Jersey 07068-1791 to serve as Bonding Attorney: and WHEREAS, a certificate establishing that funds are available for this contract from a designated appropriation from the 1993 budget and shall be provided in subsequent budgets has been issued by the Chief Financial Officer in accordance with N.J.A.C. 5:30-14-5 of the Rules and Regulation of the New Jersey Department of Community Affairs, Local Finance Board: NOW I THEREFORE I BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and the City Clerk be and they are hereby authorized and �Erected to execute a contract with Lowenstein, Sandler, Kohl, Fischer and Boylan, 65 Living ston Avenue, Roseland, N.J. 07068-1791 to serve as Bond Attorney: 2. That this contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5 ( 1) (a) (i) of the Local Public Contracts Law because said services are to be rendered or performed by a person authorized by law to practice a recognized profession and whose profession is regulated by law, in accordance with the provision of said statute: BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish notice of this action once in the Record. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #16 OFFERED BY: MATTEI SECONDED BY: MECCA BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an agreement between the City of Hackensack and the County of Bergen for Delineating responsibilities for the I reconstruction and signalization of the intersection of South River Street and East Broadway. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #17 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the Hackensack Emergency Medical Technicians Bargaining Unit, Local 2081A of the I.A.F.F., A.F.L. - C.I.O., has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract: WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages: WHEREAS, both parties have reached an Agreement and same has been incorporated into the language of the proposed contract. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the Emergency Medical Technicians, Local 2081A, I.A.F.F., A.F.L. - C.I.O. for the period January 1, 1992 I through December 31, 1994. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson  II RESOLUTION #18 OFFERED BY: STEIN SECONDED BY: MATTEI 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: Public Assistance Account II 17,551.41 General Account 3,951,949.46 Public Parking System Account 5,278,10 Capital Account 52,482.33 Trust Account 100,000.00 I Payroll Agency Account 451,622.43 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Dr. Mecca asked some questions regarding compensation for certain claims which were answered. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson RESOLUTION #19 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, on October 5th, 1992, the Mayor and Council of the City of Hackensack did, by virtue of the passage of Resolution No. 295, endorse an application prepared by The Housing Authority of Bergen County for a Community Development Grant in the amount of $852,551.00; and WHEREAS, said grant pertains to the acquisition of land, site improvements, and construction costs of a proposed affordable, "For Sale", housing project on Clinton Place in the City of Hackensack (Block 436, Lots 7, 8, and 9); and I WHEREAS, The Housing Authority of Bergen County has prepared an amended Community Development Grant application for the aforesaid project in the amount of $1,931,353.96, and has requested the support and endorsement of the Mayor and Council of the City of Hackensack; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid program is in the best interest of low and moderate income persons/households in the City of Hackensack and the region; and WHEREAS, this Resolution does not obligate the financial resources of the City of Hackensack and is intended solely to expedite the approval and the expenditure of the aforesaid Community Development funds; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, hereby confirm endorsement of the aforementioned program; and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent to the Director of the Bergen County Community I Development Program so that implementation of the aforesaid program may be expedited. Roll Call: Dr. Mecca, before voting stated that this project has a number of inadequacies, that it will cost the taxpayers somewhere between two and one-half to three million dollars for 24 units. He said it is not in the best interest of the City of Hackensack and it's terrible plan. Dr. Mecca voted "NO"  Deputy Mayor Robinson - ABSENT Mr. Stein, before voting, said the resolution in front of them does not deal with construction of affordable housing, it has to do with the Bergen County Housing Authority applying for additional development funds. Mr. Stein voted "AYE" I Mr. Mattei, before voting stated Dr. Mecca had some good points during the work session. He too, had followed up with some of the items Dr. Mecca raised and felt they were addressed by Mr. D'Ambrosio. He said he was convinced that this project would be in the best interest of the residents in Hackensack. Mr. Mattei voted "AYE" Mayor Zisa, before voting stated he is pleased that the County is seeking funds that would benefit families that otherwise would not qualify for purchase. He said at least 50% of the· families would be Hackensack residents. He commended the County. Mayor Zisa voted "AYE. RESOLUTION #20 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, pursuant to the New Jersey Sewage Infrastructure Improvement Act (N.J.S.A. 58:25-23 et seq.) , the City of Hackensack may be eligible to apply for and receive a combined Sewer Overflow Fund Grant for the design phase of the preparation for the construction of system (s) necessary for the reduction of solids and floatables entering the combined sewer overlow I regulators located at Court Street and Anderson Street in the City of Hackensack; and WHEREAS, the estimated total cost of the design phase for which this Grant will be sought is $813,200.00; and the amount of the Grant for which application is to be made is $73},880.00; and WHEREAS, the aforesaid law and the regulations of the New Jersey Department of Environmental Protection and Energy promulgated pursuant thereto require that a Resolution be passed to: 1. Authorize the appropriate City Official to execute and file such Grant application; and 2. Commit the municipality to the expenditure of such funds as are necessary to complete the project for which the Grant is approved to the extent that they are not fully covered by the amount of such a Grant; and WHEREAS, the Grant for which the City of Hackensack will apply represents ninety (90%) percent of the cost of this project and the remaining ten (10%) percent, or $81,320.00, is the anticipated portion of the cost of this project for which the I City of Hackensack must be responsible; and WHEREAS, the Chief Financial Officer of the City of Hackensack has certified that sufficient funds are available for the City's portion of the aforedescribed project in the Capital Improvement Fund; and WHEREAS, authorizing the application for such a Grant is necessary, appropriate, and in the best interest of the City of  1-3 Hackensack; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor, City Clerk and such other necessary municipal officials and representatives be, and hereby are, authorized to execute and submit an application to the N.J.D.E.P.E. for a Design Grant of $731, 880.00 pursuant to the provisions of the New Jersey Sewage Infrastructure Improvement Act. I Roll Call: Ayes - Stein, Mattei, Zisa Abstained - Mecca Absent - Robinson The Mayor said there is another item that needs to be discussed which may possibly be a Docket item. He called for a motion to go into executive session. Motion offered by Mattei, seconded by Stein that the meeting recess for executive session. Carried. (9:05 P. M. The meeting reconvened and the following resolution was read: RESOLUTION #21 OFFERED BY: STEIN SECONDED BY: MECCA WHEREAS, on December 9th, 1992, the City of Hackensack received bids for the project known as "Foschini Park Drainage Improvements Phase III"; and WHEREAS, the lowest bid received was submitted by Grano, Inc., of 9595 Fairview Avenue, North Bergen, New Jersey; and WHEREAS, as part of his routine investigative procedures, I the Consulting Engineer for the City of Hackensack did review the "Contractor's Certificate of Experience" submitted by Grano, Inc., with its bid. Said Certificate sets forth the bidder's experience for the preceding five (5) years in the performance of Contracts fo.r, Government.entities; and WHEREAS, the ''Certificate of Experience" submitted by Grano, Inc., cited construction contracts performed for the Municipalities of West Caldwell and Jersey City during 1992. Said information caused the Consulting Engineer to contact public officials from, and Engineers employed by, these two Municipalities to ascertain the level of work performance provided to them by Grano, Inc., and WHEREAS, it was initially telephonically communicated to the City's Consulting Engineer by the Project Engineers for each of the respective projects in question that Grano, Inc., had difficulty installing the drain piping components of the projects and did not familiarize itself nor follow the plans and specifications of the project; and WHEREAS, upon hearing these statements from the representatives of West Caldwell and Jersey City, the Consulting Engineer for the City of Hackensack, appropriately, made a I recommendation to the City of Hackensack, that the bid submitted by Grano, Inc., be rejected, as acceptance of same would not be in the best interest of the City; and WHEREAS, upon receipt of said recommendation, the Chief Financial Off�cer of the City of Hackensack did notify Grano, Inc., of the City's intention to reject its bid, and did notify Grano, Inc., of its right, according to law, to contest the rejection of its bid at a "Responsibility Hearing" before the Mayor and Council of the City of Hackensack; and WHEREAS, a Responsibility Hearing was requested by Grano, Inc., and was held, upon notice to all bidders, before the Mayor and Council of the City of Hackensack on January 11th, 1993; and WHEREAS, testifying at the Responsibility Hearing were the Consulting Engineer for the City of Hackensack, Kenneth G. B. Job, Chief Financial Officer of the City of Hackensack,'. Raymond N. Carnevale, and the President of Grano, Inc., Domeni:,c Grano; and I WHEREAS, the testimony of Mr. Carnevale and Mr. , Job was credible. Pertinently, Mr. Job testified that comments to him from engineers involved in the West Caldwell and Jersey City projects, were of a less than endorsing nature relative to the performance of Grano, Inc., on the respective projects. The City Council accepts the testimony that such comments were made to Mr. Job and further notes that the occurrence of these I comments was not challenged by Mr. Grano; and WHEREAS, Mr. Grano testified at the hearing. His testimony, pertaining to the Jersey City and West Caldwell projects was that his company performed each of the contracts competently and according to the terms and specifications of same. He produced two letters: one dated January 4th, 1993, was signed by Benedict F. Martorano, P.E., the Administrate� of the Township of West Caldwell, New Jersey. The other, d�ted January 11th, 1993, was signed by Gerald J. Nissen, P.E., the Director of Engineering of the City of Jersey City. Both o� these communications are generally favorable commentaries on the work performed by Grano, Inc., on the respective projects; and' WHEREAS, at the time of the hearing it was brought out that Grano, Inc. had worked on a project in the private sector in the mid 1980's, with which the City Consulting Engineer w�s familiar; and WHEREAS, at the request of the Council, the City Consulting Engineer contacted a principle involved with this private sector project to determine the opinion of that party with regard to the performance of Grano, Inc., on the job; and the City Consulting Engineer has reported back to the Council that the priva�e party expressed satisfaction with the performance of Grano, Inc.; and WHEREAS, the receipt of conflicting opinions from each of the municipalities contacted; the positive report receive� by the City Consulting Engineer regarding the project perfo�med by Grano, Inc., in the private sector, and the sincerity� demeanor, I and sense of personal pride and honor amply demonstrated by Domenic Grano at the time of the Responsibility Hearing} leads the Council to collectively acknowledge that the poss�bility exists that a competent contractor, Grano, Inc., has undeservedly received unfavorable reviews of its work product by persons who should have realized the implication and likely affects of their comments; and WHEREAS, the Mayor and City Council must be ever minaful of : the collective duty of the Governing Body to protect the public and its tax dollars: and WHEREAS, the Mayor and City Council of the City of Hackensack cannot take the position that negative comments regarding the performance of Grano, Inc., on the Municipal Projects performed in Jersey City and West Caldwel 1, were not received. A doubt has been created, and a Public Contract should not be awarded where there exists doubt. I NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, as follows: 1. The bid received by the City of Hackensack on D�cember 9th, 1992, by Grano, Inc., for the project known as "Foschini Park Drainage Improvements Phase III" be, and hereby is, r�jected pursuant to N.J.S.A. 40A:ll-6.l; and  15' 2. Pursuant to the recommendations of the Consulting Engineer of the City of Hackensack, the Contract for the project known as "Foschini Park Drainage Improvements Phase III" be, and hereby is, awarded to Landscape Restoration, Inc., of 48 16th Street, Elmwood Park, New Jersey 07407, the next lowest bidder on the project whose bid totalled $44, 437.00; and 3. The Chief Financial Officer has certified that funds are available for the aforesaid project in the Capital Account. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Absent - Robinson The City Clerk advised the Mayor that her Docket was completed. The Mayor thanked her and asked Mr. Duffy who was sitting in for Mr. Lacava, the City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa reported that he attended the Martin Luther King, Jr. services held at the Mount Olive Baptist Church yesterday. There was no march, but the reason was not the decision of the City Council but that of the Fellowship of Clergy. The Mayor opened the meeting to the public for discussion of City business. There was no response. Motion offered by Stein, seconded by Mecca that the public hearing be closed. Carried. I Motion offered by Stein, seconded by Mecca that the meeting be adjourned. Carried (10:23 PM} �� D ABSENT SON COUNCILMAN MA �� COUNCILMAN MAURO A. MECCA co�i�a .l{//i;f I ATTEST : � /! �d_,, v CITY CLERK