City Council

/91 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, November 1, 1993. Mayor Zisa called the meeting to order at 8:15 P. M. and requested everyone stand for the Flag Salute. The Mayor then asked the City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy I Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Clerk Doris L. Dukes, City Attorney Richard E. Salkin and City Manager James S. Lacava Mrs. Dukes: " 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 posting a copy of same on the Bulletin Board in City Hall." The Mayor asked for approval of the minutes for meetings held October 12th and 18th, 1993. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried. FINAL ADOPTION, OF ORDINANCE N0.12-93 ENTITLED: " AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK ". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Wil'i someone so move?" Motion offered by Mattei, seconded by Trammell that there be a I public hearing. Carried Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried Resolution #313 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey that Ordinance No. 12-93 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK pass its second II I and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #314 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 refunds for the reasons stated: I $ 606.03 1,543.75 25.00 B341, LS C003E McNerney, Daniel B343, Ll2A-7A Chase & Chase 1993 Erroneous Payment 1993 Erroneous Payment Advanced Physical Therapy, Inc., 241 Main Street, Hackensack, N.J. 07601 - Duplication of License Registration Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #315 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: !9cZ RA:l410 Knights of Columbus, Trinity Council #747 RA:l411 New Foundation for Diabetes, Inc. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #316 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, N.J. Revised Statutes 39:10A-l-7 provides that the City has the right to sell at public auction all abandoned vehicles after I due notice has been published in a newspaper five days previous to the date of the proposed sale. NOW, THEREFORE, BE IT RESOLVED that the aforementioned vehicles listed in the advertisement to appear in The Record on Friday, November 5, 1993, and notification that they will be offered for sale by the City Manager or a designated representative at the public auction to be held at Polifly Towing, 67 Paterson Avenue, Wallington, New Jersey, on Friday, November 12, 1993, at 10:00 A. M., be and are hereby authorized to be sold. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #317 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, bids were advertised to be received on October 13, 1993, for the purchase of one New Tractor with Synchronized Shuttle-Shift, Four Wheel Drive and AG Type Tires Front and Rear with one 91" Flail Mower-Heavy Duty Type for the City of Hackensack; and WHEREAS, one bid was received from Caldwell Tractor & Equipment Inc. in the amount of $16,517.00; and WHEREAS, the Superintendent of Public Works recommends that the purchase of one New Tractor with Synchronized Shuttle-Shift, Four I Wheel Drive and AG Type Tires, Front and Rear with one 91" Flail Mower-Heavy Duty Type for the City of Hackensack be awarded to Caldwell Tractor and Equipment Inc., 480 Route 46, Fairfield, New Jersey 07004; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account 93-915-948, P. 0. #81693. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #318 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, bids were advertised to be received on October 13, 1993, for the purchase of one New Diesel Stump Cutter for the City of Hackensack; and WHEREAS, one bid was received from Fregman' s Power Equipment, Inc. in the amount of $ 18,700.00; and WHEREAS, the Superintendent of Public Works recommends that the purchase of one New Diesel Stump Cutter for the City of Hackensack be awarded to Fregman's Power Equipment, Inc., 17 Greenwood Avenue, Midland Park, New Jersey 07432. NOW' THEREFORE' BE IT RESOLVED that the purchase of one New Diesel Stump Cutter for the City of Hackensack be awarded to Fregman's Power Equipment, Inc., 17 Greenwood Avenue, Midland Park, New Jersey 07432; and I BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account #93-420-650 and #93-915-949 in the 1993 Budget, P. O. #81696. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  193 Resolution #319 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, bids were advertised to be received on October 13, 1993, for Removal of Brushes, Wood Chips and Tree Logs for the City of Hackensack: and WHEREAS, one bid was received from C. Pyskaty & Sons, Inc. in the amount of $ 240.00 per load: and WHEREAS, the Superintendent of Public Works recommends that the Removal of Brushes, Wood Chips and Tree Logs for the City of I Hackensack be awarded to C. Pyskaty & Sons, Inc., 800 Castle Road, Secaucus, N.J. 07094. NOW, THEREFORE, BE IT RESOLVED that the Removal of Brushes, Wood Chips and Tree Logs for the City of Hackensack be awarded to C. Pyskaty & Sons, Inc., 800 Castle Road, Secaucus, N.J. 07094: and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account #93-520-710. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #320 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, there exists a need for the City of Hackensack to provide professional medical services to meet the requirements of the recently enacted New Jersey Department of Labor Public Employee Exposure to Blood Borne Pathogens regulations: and WHEREAS, Mahwah Medical, which is located at 35 Franklin Turnpike, Mahwah, New Jersey, can provide professional medical services to administer hepatitis B immunizations to City of Hackensack employees who are covered by the regulations: and I WHEREAS, the City Council pursuant to the power delegated to it by N.J.S.A. 40:81-9 may appoint professionals to perform said services for the City of Hackensack: and WHEREAS, Mahwah Medical has agreed to perform said services for the City of Hackensack: and WHEREAS, the maximum amount of the contract is $5,220 and funds are available for this purpose: and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:ll-l et seq) requires that the resolution authorizing the award of contracts for " professional services" without competitive bidding and the contract itself must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with Mahwah Medical to provide professional medical services for the City of Hackensack: and 2. This contract is awarded without competitive bidding as a " professional service" in accordance with the Local Public Contracts I Law (N.J.S.A. 40A:ll-l et seq) because the same is expressly excluded from competitive bidding: and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified in accordance with N.J.S.A. 52:27B-10 and 40A:4-57 that monies are available from the general funds in account number 93-855-855 in the amount of $ 5,220 to be charged on purchase order number 81804: and BE IT FURTHER RESOLVED that a notice of this resolution be published in The Record within ten days of the date hereof. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #321 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack approved John S. Cohen Associates contract for $ 12,500.00 to compensate him for professional architectural services to undertake the second phase of improvements in the area of Anderson, Linden and Union Streets by Resolution No. 357 adopted by the City Council on December 7, 1992; and WHEREAS, according to the John s. Cohen Associates letter proposal dated May 28, 1992, total compensation for these services I amount to $ 19,500.00 and a Change Order Change Form in the amount of $ 7,000.00 is necessary to complete this contract; and WHEREAS, the Chief Financial Officer has certified in writing that funds are available from Account No. 05-0691-0002, the Capital Account, Purchase Order No. 76414 dated December 3, 1992. NOW, THEREFORE, BE IT RESOLVED that a Purchase Order Change Form is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #322 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and WHEREAS, it is necessary to formally cancel balances so that unused debt authorizations may be cancelled. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack that the following unexpended balances of General Capital appropriations be cancelled: Ord. No. Pro j ect Description I Amount Cancelled Unfunded _ _ 07-89 Improvement to Second St. $ 3.81 18-90 Various I�provements 136.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #323 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, it was found necessary in the year 1992 to make an emergency appropriation pursuant to N.J.S.A. 40A:4-54 of $ 750,000.00 entitled Storm of 1992; and WHEREAS, a deferred charge of $ 600,000.00 for said emergency appropriation and an appropriation reserve balance of $ 600,000.00 remain on the Current Fund balance sheet and the appropriation reserve balance is uncommitted; and WHEREAS, it is necessary to formally cancel the deferred charge of $ 600,000.00 and its offsetting appropriation of $ 600,000.00 from the balance sheet. NOW' THEREFORE I BE IT RESOLVED that the deferred charge and the appropriation reserve balances be cancelled; and BE IT FURTHER RESOLVED that two certified copies of this I resolution be filed with the Director of Local Government Services. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #324 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item  /9S of appropriation for equal amount. SECTION I NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1993 in the sum of $ 15,898. 88, which itern is now avai !able as a revenue from: Miscellaneous Revenues: I Special items of General Revenue Anticipated with prior written consent of the Director of Local Government Services: State and Federal Revenues Offset with Appropriations: Summertime Nutrition Food Service Program SECTION II BE IT FURTHER RESOLVED that a like sum of $ 15,898.88 be and the same is hereby appropriated under the caption of: General Appropriations: (A) Operations - Excluded from " CAPS" State and Federal Programs - Offset by Revenues: Summertime Nutrition Food Service Program BE IT FURTHER RESOLVED that two copies of this resolution be filed with the Director of Local Government Services for his approval. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #325 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Bergen County Community Development Block Grants have been proposed as follows in the City of Hackensack: I Fair Housing Council of Northern New Jersey For a project known as Discrimination/Comprehensive Housing Counseling (Homelessness) - $ 346,600.00 Literacy Volunteers of America For a project known as One-to-one Tutoring - $ 123,480.00 WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid projects are in the best interest of the people of Bergen County; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite 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 aforesaid projects; and BE IT FURTHER RESOLVED that a copy of this resolution shall be I sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #325A OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Bergen County Community Development Block Grants have been proposed as follows in the City of Hackensack: Bergen County Division on Aging To purchase two (2) heated and refrigerated Meals on Wheels $ 49,427.90 Martin Luther King, Jr. Senior Center, Inc. For low-income and minority elderly services - $78,150.00  WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid projects are in the best interest of the people of Bergen County; and WHEREAS, this resolution does not obligate the financial I resources of the municipality and is intended solely to expedite 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 aforesaid projects; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Councilman Mattei stated South Bergen Mental Health Center was on but, because the wording states " to purchase" , he has some concern about removing iterns from tax rolls. This was removed for further clarification. Resolution #325B OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, a Bergen County Community Development Grant of $ 276, 000. 00 has been proposed by the City of Hackensack for river front improvements at Foschini Park in the City of Hackensack; and I WHEREAS, a Bergen County Community Development Grant of $ 100,000.00 has been proposed by· the City of Hackensack for sewer relining in 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 Mayor and Council; and WHEREAS, the aforesaid projects are in the best interest of the people of the City of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite 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 aforesaid projects; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #326 OFFERED BY: MATTEI SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 13-93 ENTITLED: " BOND ORDINANCE PROVIDING FOR THE RESURFACING OF KANSAS STREET IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $ 160 1000 THEREFOR, INCLUDING $ 124,000 EXPECTED TO BE RECEIVED AS A STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION GRANT, AND AUTHORIZING THE ISSUANCE OF $ 152,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF" .  19/ BE IT RESOLVED that the above ordinance, being Ordinance No. 13-93 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on November 15, 1993, 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. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #327 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 14-93. ENTITLED: " BOND ORDINANCE PROVIDING FOR THE REPAVING OF VARIOUS STREETS AND PARKING AREAS OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $ 720,000 THEREFOR, INCLUDING REAPPROPRIATING $ 470,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES DESCRIBED IN BOND ORDINANCE NUMBERED 23-86 FINALLY ADOPTED JUNE 16, 1986, BOND ORDINANCE NUMBERED 20-87 FINALLY ADOPTED AUGUST 3, 1987, BOND ORDINANCE NUMBERED 12-88 FINALLY ADOPTED JUNE 6, 1988, BOND ORDINANCE NUMBERED 7-89 FINALLY ADOPTED APRIL 3, 1989, AND BOND ORDINANCE NUMBERED 13-90 FINALLY ADOPTED JUNE 4, 1990, AND AUTHORIZING THE ISSUANCE OF $ 238,000,BONQS· OR �OTES OF THE CITY TO FINANCE PART OF THE COST THEREOF" . BE IT RESOLVED that the above ordinance, being Ordinance No. 14-93 as introduced, does now pass on first reading and that said Ordinance .. shall be considered for final passage at a meeting to be held on Novembe� 15, 1993, 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 I opportunity to be .hear<) concern�11g 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 f_irst reading_ and _of the time _and. pl,ce w,hen ,.and. wher.e said ' " ' o �a inance. wil l - be - f urther con:Sidered for final passag e. . ' - - Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #328 OFFERED BY: MATTEI SECONDED BY: TRAMMELL 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: General Account $ 2,173,519.97 Public Parking System Account 183,999.74 Capital Account 83,712.34 Public Assistance II Account 14,302.26 SUI Account 4,449.12 Payroll Agency Account 241,259.05 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, Trammell, Stein, Zisa I Resolution #329 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the Public Health Priority Funding Act of 1977 provides for participation of local health agencies and makes available financial aid to assist such agencies; and WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities and meets the minimum standards of performance as prescribed by the Public Health Council in accordance with the laws of the State of New Jersey; and WHEREAS, the Hackensack Health Department qualified for Public Health Priority Funding for the period of January 1, 1994 through December 31, 1994. NOWI THEREFORE IBE IT RESOLVED by the Mayor and Counci1 of the City of Hackensack that John G. Christ, Health Officer of the City of Hackensack, is authorized to make application to the New Jersey State Department of Health for Public Health Priority Funding for the period January 1, 1994 through December 31, 1994. Roll Call: Ayes - Mattei, Galvis Trammell, Stein, Zisa I Resolution #330 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Resolution No. 308 proposed a Bergen County Community Development Block Grant for Heightened Independence and Progress to provide comprehensive services to people with disabilities who are Hispanic and Afro-American residents of Bergen County in the amount of $ 35,881.00 and a grant to provide staffing to transcribe printed material and Braille and large print in the amount of $ 33,381.00; and WHEREAS, Resolution No. 308 should show that HIP (Heightened Independence and Progress) actually proposed the following Community Development Block Grants: To provide comprehensive services to people with disabilities who are Hispanic and Afro-American residents of Bergen County - $ 33,381.00 To provide staffing to transcribe printed material and Braille and large print - $ 35,180.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager if he had anything to report. Mr. Lacava stated that there was an emergency created in 1992 with the storm. Resolution #323 on tonight's Docket cancels $ 600,000 for that emergency. He reported only $ 150,000 had been spent and almost 100% has been reimbursed. I The Mayor asked the City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa opened the meeting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, continued to speak on the subject of the Rent Ordinance. She made reference to Chapter 23 of the BOCA Code as it relates to dishwashers and air conditioning maintenance. City Attorney Salkin stated that he had spoken with Dr. Schwartz during the week in reference to the BOCA Code, advising that it is amended every three years. He stated that he had advised Mr. Greenwood and Mr. Duffy to go through the Code and see what they would like amended so that the ordinance could be brought up to Code. Nat Schatzoff, 101 Prospect Avenue, also made comments relating I to the Rent Ordinance and the amount of rent people must pay per month. He specifically made reference to an 80 year old woman who has been living in Hackensack for 20 years and is now paying $ 680 a month for a one bedroom apartment at 20 Jefferson Street. She wanted to know what is being done. He advised her that the Mayor and Council are considering the ordinance and wanted to know if in fact that is true. Mayor Zisa replied, "Yes, it is" . Josephine Rubinacci, 670 Prospect Avenue, spoke on the 300th Anniversary paper that had been distributed and requested that the  survey be completed. She thanked all the members of Council for attending the Board of Education march on October 17th. Frank Campbell, 111 Catalpa Avenue, stated that some streets are light and some are dark and wanted to know who determines the color of the pavements. He was told that Ken Job makes the determination. He then suggested that a standard color be used. Mr. Campbell then reported that the curbs on Spring Valley Avenue I were not replaced and Madison Street east of Kinderkamack Road needs to be cleaned up. Don Gonzalez, 75 Linden Street, asked the time-frame for the resurfacing and repaving of the roads. Mayor Zisa explained the process. He then commended the City Council for what is happening around the area of Anderson and Linden Streets. He advised that garbage needed to be removed in the area of Maple Avenue. Suzanne Sznajderman, 242 Summit Avenue, made comments about the leaves on Summit Avenue and some of the trees that are dying. Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (9:33 P. M.) I ATTEST: I