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 4, 1997. Mayor Zisa called the meeting to order at 8:05 P. M. and asked everyone to stand for the flag salute. The Mayor then asked the Deputy City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. I Zisa, City Manager James S. Lacava, City Attorney Richard E. Salkin and Deputy City Clerk Anna LaMarche - City Clerk Doris L. Dukes Absent due Vacation · . Mrs. LaMarche: " 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 meetings held July 21, 1997. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 16-97 ENTITLED: " AN ORDINANCE OF THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN, NEW JERSEY, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ENERGY SERVICE LEASE AND AGREEMENT WITH THE BERGEN COUNTY IMPROVEMENT AUTHORITY RELATING TO THE BERGEN COUNTY ENERGY SAVINGS PROGRAM". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Trammell seconded by Stein that there be a public hearing. Carried I Mayor Zisa asked if anyone present 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 #242 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 16-97 entitled: "AN ORDINANCE OF THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN, NEW JERSEY, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ENERGY SERVICE LEASE AND AGREEMENT WITH THE BERGEN COUNTY IMPROVEMENT AUTHORITY RELATING TO THE BERGEN COUNTY ENERGY SAVINGS PROGRAM", pass its second and final reading and is hereby adopted. Roll Call: Ay�s - Mattei, Galvis, Trammell, Stein, Zisa Resolution #231 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the City of Hackensack has received Change Order No. 2 from Tomaro Contracting to furnish material, equipment and labor to install drain pipe and to remove existing bituminous concrete I and install 6" concrete driveway and 4" concrete sidewalk at 38 Elizabeth Street; and WHEREAS, Kenneth Job, Consulting Engineer has recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account #X-050-K26-001 of the Capital Fund in the amount of $12,516.00 Purchase Order #92004.  NOW, THEREFORE, BE IT RESOLVED that Change Order No. 2 for Tomaro Contracting, be and is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #243 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: $30. 00 to Barbara McCarty, c/o Mark DeLuca & Co, Inc., 241 Cedar Lane, Teaneck, NJ 07666 for, Smoke Detector Permit which was cancelled. I $25. 00 to Bergen Vacuum, 106 Anderson Street, Hackensack, NJ, for a duplicate fire license fee. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #244 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, a Bergen County Community Development Grant has been proposed by the following: $315,000. 00 by New Concepts for Living, Inc. for a barrier free project at the Achievement Center in the City of Hackensack $1,000. 00 by The Center for Modern Dance Education, Inc. for emergency plumbing repairs at 84 Euclid Avenue 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 Bergen County; and I 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 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 (voted aye for #1, Abstained for #2), Zisa Resolution #245 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Clayton J. Borchard be and is hereby approved for active membership in the Hackensack Fire Department. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #246 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, on March 1 8, 1996, the City Council approved Resolution No. 104 authorizing the execution of a professional engineering services contract with Malcolm Pirnie, Inc. , 1 International Boulevard, Mahwah, New .Jersey 07495, relative to State-mandated improvements to the City 's combined sewer regulators; and  WHEREAS, said contract contained a not-to-exceed limit of $620, 800.00; and WHEREAS, additional engineering services and permit fees beyond the original scope of work have been or will be incurred due to alterations to the project by virtue of the requirements of the New Jersey D.E.P.; and WHEREAS, it is, therefore, necessary and appropriate to amend the aforesaid professional engineering services contract to reflect a not-to-exceed ups�t amount limit of $795,017.68; and I WHEREAS, a certificate establishing that additional funds are available in Account No. X-050-M05-002 of the Capital Fund, in the amount of $174,217.6 8 (P.O. #93495), has been issued by the Chief Financial Officer in accordance with N.J.A.C.5:30-14.5 of the Rules and Regulations of the New Jersey Department of Community Affairs, Local Finance Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and City Clerk be and are hereby authorized and directed to execute an Amendment to the Agreement with Malcolm Pirnie, Inc. to provide said services. 2. The City Clerk be and hereby is responsible to retain a copy of the Agreement for public inspection and to publish notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #247 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Augustus Newman, be and is hereby appointed the Historian for I the City of Hackensack and to serve at the pleasure of the City Council. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #24 8 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 1996 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body; and WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled: General I Comments and Recommendations; and WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled: General Comments and Recommendations, as evidenced by the group affidavit form of the governing body; and WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board o.f the State of New Jersey, as stated aforesaid, and have subscribed to the affidavit as provided by the Local Finance Board; and WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisiops of R. S. 52:27BB- I 52 to wit: R.S. 52:27BB-52 "A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000. 00) or imprisoned for not more than one year, or both, and in addition shall forfeit his office. " NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968, and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #249 OFFERED BY: GALVIS SECONDED BY: STEIN . BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct Bingo and Raffle games in accordance with the applications on file in the office of the City Clerk: RA:1535 & BA:l536 Roll Call: Knights of Columbus Trinity Council 747 Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #250 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 17-97 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 170 SECTION 50 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'VEHICLES AND TRAFFIC SCHEDULE • • . I: NO PARKING'". BE IT RESOLVED that the above ordinance, being Ordinance No. 17-97 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 August 1 8, 1997, 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 #251 OFFERED BY: MATTEI 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:  General Account $ 7,611,930.05 Public Assistance I Account 245. 00 Public Assistance II Account 12,20 8. 01 Capital Account 5 8,243.14 Public Parking System Account 6,979. 05 Trust Account 8,1 80. 00 Payroll Agency Account 53 8,097.25 County Com. Dev. Block Grant Acct. 101,376.17 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. I Roll Call: Resolution #252 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS,. pursuant to an advertisement in The Record, bids were received on July 31, 1997, for the Barrier Free Curb Program in the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Barrier Free Curb Program in the City of Hackensack be awarded to the low bidder, Pedreira Construction, 191 Highland Avenue, Kearny, NJ 07032, in the amount of $77,178.61; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds in the amount of $77,17 8. 61 are available in account #X-050-M21-001 of the Capital Account, P. o. #10111 . � Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #253 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, on August 4th, 1997, the City Council of the City of Hackensack adopted Ordinance No. 16-97 entitled "AN ORDINANCE OF I THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN, NEW JERSEY, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ENERGY SERVICE LEASE AND AGREEMENT WITH THE BERGEN COUNTY IMPROVEMENT AUTHORITY RELATING TO THE BERGEN COUNTY ENERGY SAVINGS PROGRAM"; and WHEREAS, in order to memorialize the rights, duties and obligations of the parties, it is necessary and appropriate to enter into an Interlocal Service Agreement with the Bergen County Improvement Authority pursuant to the provisions of " The Interlocal Services Act" (N. J. S. A. 40:8A-1, et seq.). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack, as follows: 1. That the Mayor and City Clerk be, and they hereby are, authorized to execute an Interlocal Service Agreement with the Bergen County Improvement Authority and any necessary attachments thereto to memorialize the rights, duties and obligations of the parties with respect to the aforementioned energy saving program; and · 2. The City Clerk be and hereby is directed to keep a copy of said Interlocal Service Agreement on file and available for public inspection upon execution. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. LaMarche advised the Mayor that her Docket was completed. Mayor Zisa thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. Councilman Stein congratulated the Connie Mack team who won the Championship in the New Jersey State Connie Mack tournament and then went on to the Atlantic Division, but was not as successful.  He also stated that the second Movie in the Park, "Space Jam", would be held in Foschini Park on Tuesday, August 5th. The Mayor opened the meeting to the public for discussion of City business. Samuel Cassius, 192 Clay Street, stated that something had to be done about relieving the sewer situation in the neighborhood. The basements are being flooded when it rains causing considerable damage. It also is a health hazard, especially to the children. Suggested that perhaps Jesse D'Amore and the people at DPW, along I with the Health Officers, the City Engineer and the people of the neighborhood come up with a plan as to what is going to be done. Mayor Zisa requested that the City Manager have Mr. D'Amore take another look. Louis Moore, Clay Street, also spoke on the sewer situation and t �e flooding in his basement. The Mayor explained the history of the sewer system in Hackensack and the present day problems in correcting the situation that exists not only in Hackensack, but also other towns. Frank Campbell, 111 Catalpa Avenue, referred to the ordinance introduced concerning no parking on Catalpa Avenue. He stated that trucks park on this street during the day and it is dangerous at the corners. Mayor Zisa noted that the truck drivers will have to obey the same parking regulations, but that we cannot eliminate trucks being parked anywhere during the day, but overnight parking on City streets is not allowed. Mr. Campbell also spoke on the barrier free curbing and the need for blue stone curbing. Mayor Zisa asked the City Manager to make a note of this. Don Gonzalez, 84 Vanderbeck Place, spoke on the sewer system, I preliminary planning of building on Clinton Place and Vanderbeck Place, sanitation on his block, and the parking of cars by residents of the Berkley Arms. Myra Walker, 201 Clay Street, also referred to the sewer system and flooding in her home. Nat Shatzoff, 101 Prospect Avenue, spoke on the amendment to the Rent Ordinance and the qualifying income for a senior citizen. He questioned whether the amendment was the product solely of the Mayor and Council or if anybody else was involved. Feels strongly that all tenants should be included in this amendment. Mayor Zisa stated that the Council has been discussing this ordinance for almost eight years and has been following some cases in N�w Jersey. The amendment is to accommodate senior citizens at intermediate and lower income levels. Rainer Olster, 144 Union Street, referred to taxes and the latest increase. He feels the Board of Education budget should be I addressed by the Mayor and Council and they should do something about reducing it. Councilman Mattei reminded Mr. Olster that the Board of Education was a separate entity and that the City Council has nothing to do with it. The Mayor answered Mr. Olster's remarks. Mr. Olster also questioned the item on the bill list, RTL Partners and was given an explanation by the City Manager.  Richard Rankin, 144 Union Street, made comments on the school budget and salary increase of Deputy Chief Koeser. He read a Resolution by the Board of Chosen Freeholders regarding the widening of Essex Street. The City Council and City Attorney responded to Mr. Rankin's comments. Mr. Martinez, 15 Marvin Avenue, referred to the increase in taxes and how it has affected him personally. I Mayor Zisa made comments regarding the major expenses in the City and how they play a role in the tax increase. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (9:55 P.M. ) COUNCILMAN MARK A. STEIN ATTEST: I Deputy City Clerk I