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City Council

Regular Meeting

Hackensack, NJ · March 16, 1998

Minutes

Minutes

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, March 16, 1998. Mayor Zisa called the meeting to order at 8:00 P. M. and stated that it was a privilege to have the Student Council from St. Francis School here to observe the meeting. The Mayor called Justin Smallwood to lead the flag salute. I The Mayor then asked the City Clerk to call the roll. Present - Councilman Roger B. Mattei, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Councilman Jesus R. Galvis 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 by posting a copy on the Bulletin Board in City Hall. " Mayor Zisa presented a "Clock Plaque " to the following, in ·commemoration of their retirement from the City of Hackensack: Captain John Morosco, 26 years with the Fire Department Captain Kenneth Morosco, 25 years with the Fire Department Det. Sgt. Louis D'Arminio, 26 years with the Police Department P.O. Ralph Chiaramonte, 26 years with the Police Department P.O. Robert Mcintyre, 27 years with the Police Department The Mayor added that these officers have been putting their lives on the line on behalf of the citizens of Hackensack. He I thanked them and wished them good luck in the future. Other members of Council extended their congratulations and best wishes to the officers. Mayor Zisa called for a motion to approve the minutes of the meetings held March 2nd and 9th 1998. Motion offered by Trammell, seconded by Stein,. that the minutes be approved as submitted. Carried RESOLUTION #81 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with applications on file in the office of the City Clerk: RA: 1556 - 1557 Holy Trinity Home & School Assoc. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #82 OFFERED BY: MATTEI SECONDED BY: TRAMMELL I 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: Amount Block/Lot Name Year Reason $ 19.86 336 23,Cl42C GSG Realty & Peter J. Zipp 1995 STB 400.51 336 23,Cl62B II II II II II 1995 STB 470.02 336 23,Cl82C II II II II II 1995 STB 162.19 336 23,C184B II II II II II 1995 STB 248.25 336 23,C201S II II II II II 1995 STB 33.10 336 23,C202B II II II II II 1995 STB 82.75 336 23,Cl21A II II II 1995 II STB II 20.40 336 23,Cl42C II II II 1996 II STB II 34.00 336 23,C202B II II II 1996 II STB " 85.00 336 23,Cl21A II II II 1996 II STB " 1,443.00 552 lA James Botek & Judy Orecchio 1998 Err pymt Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #83 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, various 1997 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 1997 Budget I Appropriations Reserve in the last two months of 1997; and WHEREAS, N.J.S. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $174,000.00 be made between the 1997 Budget Appropriation Reserves as follows: FROM TO Election 0/E $ 3,500.00 Tax Assessor S & W 6,500.00 Tax Collector S & W 1,000.00 Tax Collector O/E 1,500.00 Legal Services O/E 7,500.00 Snow Removal O/E 2,000.00 I Public Bldg & Grounds S&W $ 10,000.00 City Garage S & W 12,000.00 Utilities 5,500.00 Fire Alarm S & W 3,500.00 Fire Department O/E 2,000.00 Community Development S/W 10,000.00 Traffic Control O/E 10,000.00 Sanitary Landfill 0/E 7,500.00 Community Development O/E 7,500.00 Fire Hydrant Service O/E 20,000.00 Sewer S & W 8,000.00 Parks & Playgrounds S & W 12,000.00 Police S/W $100,000.00 Police O/E 5,000.00 Sewer O/E 55,000.00 Traffic Control S/W 2,000.00 City Garage O/E 2,000.00 Streets & Roads S & W 3,000.00 Shade Tree S & W 4,000.00 Garbage & Trash S & W 25,000.00 Garbage & Trash O/E 4,000.00 Health Dept. S/W 9,000.00 Police & Fire Retirement Sys. 9,000.00 Total $174,000.00 $174,000.00 I Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #84 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack requires maintenance of typewriters in all departments and; WHEREAS, a proposal has been submitted by TBS Network, 18 West Passaic Street, Rochelle Park, New Jersey 07662, in the amount of $3,420.00 for the period of January 1, 1998 to December 31, 1998 which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available from various 273 General Sub-Accounts in the 1998 Budget. P.O. #104277 NOW, THEREFORE, BE IT RESOLVED, that the contract for the maintenance of typewriters, be awarded to TBS Network pursuant to N.J.S.A. 40A: 11-3 which excludes from public bidding, contracts which do not exceed $12,300.00. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #85 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the engine to Hackensack Fire Ladder Truck #306 seized and needs to replaced; and WHEREAS, Diesel Truck Services, Inc., 1 River Drive, Garfield, N.J., has submitted a proposal in the amount of $13,650.00, to replace said engine; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. 8-010-302-272 of the Current Fund, P.O. #104452 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Diesel Truck Services, Inc., be and is hereby authorized to replace the engine in Fire Ladder Truck #306. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #86 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack is the holder of certain Tax I sale certificates acquired under and by virtue of N.J.S. 54:5-34 and it is deemed financially beneficial and in the best interests of the City to sell such tax sale certificate; NOW, THEREFORE, BE IT RESOLVJ!:D by the Mayor and Council of the City of Hackensack, County of Bergen and State of New Jersey that they hereby authorize the sale, by assignment, of the following tax sale certificate to Albert Schwartz for the sum of Eight Thousand, Six Hundred Ten Dollars and Nine Cents. Said sum includes the lien for unpaid subsequent taxes pursuant to N.J.S.A. 54:5-113; Schedule of Assignment of Tax Certificate No. Date Amt. Assessed To Taxes Assgnt. Amt. 93-126 10/22/93 $558.29 RKO Theaters Mgt. $8,051.50 $8610.09 BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute and deliver any and all assignment forms or other documents which may be necessary to effectuate the sale authorized by this resolution dated March 16, 1998. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #87 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, sixteen (16) bids were received on February 3, 1998, for the Demolition of Properties located at 371-373 Thompson Street, in the City of Hackensack; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #8-020-100-206 of the Public Parking System Fund in the amount of $19,999.00, P.0.#104373 for this proj ect; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Demolition of Properties at 371-373 Thompson Street in the City of Hackensack be awarded to Joseph Royce, Inc., the low bidder, 13 Iowa Avenue, Paterson, N. J. 07503. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #88 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, New Jersey Revised Statutes 39:10A-1-7 provides that the City has the right to sell at public auction all abandoned vehicles after due notice has been published in a newspaper five I (5) 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, March 20, 1998, and notification that they will be offered for sale by the City Manager or a designated representative at the times designated in the notice on Thursday, March 26, 1998, be and are hereby authorized to be sold. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #89 OFFERED BY: MATTEI SECONDED BY: TRAMMELL \ WHEREAS, Relic Rack, Inc. is the owner and taxpayer of certain real property known as Block 303, Lot 13, designated as 157 Main Street; and WHEREAS, the taxpayer has filed appeals to its 1994 and 1996 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and and WHEREAS, the assessment for the subject property is $408,500; I WHEREAS, upon review of inf,ormation submitted, a reduction appears appropriate for each year; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matters 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 he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Relic Rack, Inc. v. City of Hackensack", Docket No. 013772-94 and 006487-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $350,000 for 1994 and 1996 and that the provisions of the Freeze Act (N.J.S.A.54:51A-8) be made applicable to the 1995 assessment; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #90 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, F. William Koestner, Jr. is the owner and taxpayer of certain real property known as Block 66, Lot 57, designated as 65 Hudson Street; and WHEREAS, the taxpayer filed an appeal to his 1996 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $352,200; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and I WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matters 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 he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "F. William Koestner, Jr. v. City of Hackensack .. , Docket No. 008556-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $300,000 for 1996 and that the provisions of the Freeze Act (N.J.S.A. 54:51A-8) be incorporated into such settlement documents, if appropriate; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #91 OFFERED BY: MATTEI SECONDED BY: TRAMMELL I WHEREAS, F. William Koestner, Jr. is the owner and taxpayer of certain real property known as Block 209, Lot 21, designated as 11 Atlantic Street; and WHEREAS, the taxpayer filed an appeal to his 1996 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $232,900; 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 matters 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 he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "F. William Koestner Jr. v. City of Hackensack", Docket I No. 008557-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $194,300 for 1996 and that the provisions of the Freeze Act (N.J.S.A. 54:51A-8) be incorporated into such settlement documents, if appropriate; and BE IT FURTHER RESOLVED 1 that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #92 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack and the Johnson Free Public Library are required by law to conduct an annual audit; and WHEREAS, it is necessary to obtain the services of a Certified Accounting firm to perform an audit in such circumstances; and WHEREAS, the City of Hackensack has solicited and received a proposal of the cost of such services from John J. Eccleston, CPA, RMA, partner of R.D. Hunter & Company, a qualified accounting firm, One Mack Centre Drive, Paramus, NJ 07652. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council I of the City of Hackensack that John J. Eccleston, CPA, RMA, partner of R.D. Hunter & Company, be and hereby is appointed to perform an audit of the City of Hackensack and the Johnson Free Public Library for the year ending December 31, 1997; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute an agreement between the City and John J. Eccleston, CPA, RMA, partner of R.D. Hunter & Company dated February 10, 1998; and BE IT FURTHER RESOLVED that the fee for said services to R.D. Hunter & Company shall not exceed the sum of thirty-six thousand dollars ($36,000) . Audit for City of Hackensack $29,500 Human Services Department 4,000 Johnson Free Public Library 2,500 BE IT FURTHER RESOLVED that this contract be awarded without competitive bidding as a professional service under the provisions I of the Local Public Law because the 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 N.J.S.A. 40A:ll-5 (1) ; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account #B-010-210-204 of the Current Fund, P.0.#104536; and BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to cause a copy of this Resolution to be published as required by law in The Record within ten (10) days of the date hereof. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #93 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: Current Fund Account $ 7,339,225.02 Public Assistance II Account 15,957.05 I Capital Account 11,694.37 Public Parking System Account 6,975.72 Payroll Agency Account 107,547.64 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 - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #94 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, pursuant to N.J.S.A. 58:10B-4 et seq., which establishes the "Hazardous Discharge Site Remediation Fund ", the City of Hackensack has applied for and received a grant in the amount of $95,499.00 through the Department of Environmental Protection and the New Jersey Economic Development Authority for the preliminary assessment and site investigation of the property known as Block 15, Lots 3 A, 4 A, and 5; Block 15, Lots 1-4; Block 16 A, Lots 1, 47 - 59 (the "Eval Oil Corporation property ") ; I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the aforementioned grant is hereby accepted by the City and the Mayor and City Clerk are authorized to execute the grant documents on behalf of the City of Hackensack; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the New Jersey Economic Development Authority. Roll Call: Ayes - Mattei, Tr.ammell, Stein, Zisa Absent - Galvis RESOLUTION #95 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of annual contracts and no adequate provision has been made in the 1998 temporary appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above-mentioned; and WHEREAS, the total emergency temporary resolutions adopted in the year 1998 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $5,732,237.50; I NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) accordance with N.J.S.40A:4-20: that in 1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $4,785,237.50. 2) That said emergency temporary appropriation will be provided for in the 1998 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services • .. CURRENT APPROPRIATIONS A&E - S/W $ 70,000.00 A&E - O/E 6,000.00 Financial Admin. - S/W 25,000.00 Financial Admin. - O/E 40,000.00 Tax Assessor - S/W 15,000.00 Tax Collector - S/W 13,000.00 Legal Services & Costs - O/E 12,000.00 Public Bldgs. & Grounds - S/W 20,000.00 Rent Stabilization Bd - S/W 500.00 I ·Rent Stabilization Bd - O/E 300.00 Worker's Compensation Insurance - O/E 25,000.00 Group Ins. Plan Emp.- O/E 300,000.00 Fire Alarm - S/W 5,000.00 Fire Alarm - O/E 1,000.00 Fire - S/W 700,000.00 Fire - O/E 20,000.00 Fire Prevention - S/W 70,000.00 Fire Prevention - O/E 1,500.00 Police - S/W 800,000.00 Police - O/E 150,000.00 Police School Guards - S/W 30,000.00 Police Traffic Control - S/W 5,000.00 Communication Operators - S/W 25,000.00 First Aid Organization - O/E 2,000.00 Emergency Medical Service S/W 25,000.00 Emergency Medical Service - O/E 2,000.00 Inspection of Buildings - S/W 10,000.00 Community Development - S/W 5,000.00 Community Development - O/E 10,000.00 Construction Board of Appeal - O/E 500.00 Administration - S/W 19,500.00 City Garage - S/W 20,000.00 City Garage - O/E Road Repairs & Maintenance - S/W Road Repairs & Maintenance - O/E 3,000.00 5,000.00 5,000.00 I Shade Tree - S/W 10,000.00 Street Cleaning - S/W 15,000.00 Garbage & Trash Removal- S/W 100,000.00 Garbage & Trash Removal- O/E 20,000.00 Sewer System - Maintenance/Repair - S/W 15,000.00 Sewer System - Share of Costs - O/E 250,000.00 Health Dept. Adm.- S/W 40,000.00 Public Assistance Department - S/W 15,000.00 Parks & Playgrounds - S/W 10,000.00 Recreation - S/W 10,000.00 Maintenance of Free Public Library - S/W 125,000.00 Safe & Secure - S/W 20,000.00 Safe & Secure - 0/E 10,000.00 Municipal Court - Administration - S/W 40,000.00 HAPADA - O/E 5,000.00 PEOSHA - O/E 17,000.00 Interlocal Agreement - O/E 5,000.00 Clean Communities - O/E 10,000.00 Capital Improvement - O/E 75,000.00 PFRS - O/E 1,344,200.00 PERS - O/E 27,737.50 I Consolidated Police & Fire Pension - O/E 98,000.00 Fast Cops - S/W 30,000.00 Fast Cops - O/E 30,000.00 9-1-1 - S/W 22,000.00 TOTAL . • • • . . • • • . . • • • . . . • • • . . . • • • • . . • • • • . . . • $ 4,785,237.50 Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #96 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the contract between the City of Hackensack and John S. Cohen Associates, for Architectural Service for the Anderson Street Rail Station Restoration project authorized by Resolution No. 300 dated November 6, 1995, for the sum of $9,000.00, be amended to reflect a maximum of $14,500.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account No.X-050-J04-002 of the General Capital Fund, P.O. #104543. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #97 OFFERED BY: WHEREAS, as the result of an agreement by and between the City MATTEI SECONDED BY: STEIN I of Hackensack and New Jersey Transit, funds have been made available to the City to undertake the "Anderson Street Rail Station Restoration Proj ect "; and WHEREAS, pursuant to public notice, on October 8, 1997, bids were received by the City of Hackensack for the performance of the requisite historical restoration work at the Rail Station site; and WHEREAS, contained within the Bid Solicitation Package under the heading of "Information for Bidders " is the following provision: 'QUALIFICATIONS OF BIDDERS: The City Council of the City of Hackensack may make such investigation as they deem necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City of Hackensack all such information and data for this purpose as the City of Hackensack may request. The City Council of the City of Hackensack reserves the right to I rej ect any bid if the evidence submitted by or investigation of such bidder fails to satisfy the City Council of the City of Hackensack that such bidder is properly qualified to carry out the obligation of the Contract and to complete the work contemplated therein. Contractors who submit bid shall be prepared to furnish, in writing, the following information with three (3) days after the receipt of bids; c. Whether the bidder has appropriate technical experience, and if so, a description of some proj ects which he has carried out satisfactorily, together with the names and addresses of the Architect in charge of work; and WHEREAS, .of the six bids received by the City of Hackensack on October 8, 1997, the three lowest bids were as follows: Engineering Construction Corp. $ 156,900.00 J.R. Staedler Construction Inc. 163,777.00 Crooker & Sons, Inc. 168,800.00; and WHEREAS, subsequent to the submission of the bids, Engineering Construction Corp. and J. R. Staedler Construction Inc. provided data concerning their respective prior experience. Said I data was then reviewed by John S. Cohen, the Architect engaged by the City of Hackensack for this project and Urie Ridgeway of New Jersey Transit, the Proj ect Manager for this proj ect; and WHEREAS, Mr. Cohen and Mr. Ridgeway both provided written recommendations to the City that the bid of Engineering Construction Corp. be rej ected and the Contract be awarded to J. R. Staedler Construction Inc. because the latter possessed superior past experience with j obs involving historic restorations; and WHEREAS, subsequent to the receipt of their recommendations, Engineering Construction Corp. was advised, in writing, of the recommendations and advised of its right to a "responsibility hearing " to challenge the potential award of the "Contract to J. R. Staedler Construction Inc. Engineering Construction Corp. requested such a hearing; and WHEREAS, a special meeting of the Hackensack City Council was held on March 3, 1998, to conduct a "responsibility hearing " with respect to the award of the Contract for the Anderson Street Rail Station Restoration proj ect; and WHEREAS, at the time of the "responsibility hearing " Engineering Construction Corp. was represented by legal counsel, Michael B. Kates, Esq.; and I WHEREAS, during the course of said hearing seven exhibits were marked into evidence by the City Attorney and five by the Attorney for Engineering Construction Corp. All exhibits were reviewed by the Council and are incorporated herein by reference; and WHEREAS, the Council heard the sworn testimony of Urie Ridgeway of New Jersey Transit and Mohemmed B. Khan, p .E • , President of Engineering Construction Corp.; and WHEREAS, on March 5, 1998, a four page communication from Mr. Kates was submitted to the Council setting forth the legal and factual arguments of Engineering Construction Corp. in support of its position that it should be awarded the subject Contract; and WHEREAS, the City Council conducted its discussion of this matter at the March 16, 1998 public portion of the Meeting of the "Committee of the Whole " (Work Session) : and WHEREAS, the Council makes the following findings of fact: 1. Engineering Construction Corp. may well be a capable contractor, However, the Council notes that the only historic restoration work its principal, Mr. Khan, asserted, at any time, through its original bid submission, the follow-up investigation by the City's Architect and the N.J.T.'s Proj ect Director, and the "responsibility hearing", was a project where Mr. Khan, some I fifteen years ago, was the engineer for Weiskoph and Pickworth, involving the up-grading of the New York Stock Exchange. Unlike some more recent proj ects cited by Engineering Construction Corp. (which involved new construction, concrete, and steel work) where reference letters were provided, no such corrobration was provided regarding the claim of past restoration work experience. 2. The City Council finds it significant that both the City Architect, John Cohen, and the N.J.T. Proj ect Director, Urie Ridgeway, have provided recommendations adverse to the award of this Contract to Engineering Construction Corp. The Council does not consider it appropriate to disregard the opinions of the experts involved in this proj ect. Indeed, the Council believes that it would not be in the best interest of the City of Hackensack to ignore its experts' opinions. The Council can conceive of no reason, nor has one been suggested, that either Mr. Cohen nor Mr. Ridgeway have offered anything other than their most candid and professional opinions regarding the award of this Contract. Simply stated, they have no axe to grind. I 3. The City Council finds that Engineering Construction Corp. does not have sufficient historic restoration work experience to be considered the lowest responsible bidder for this proj ect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Contract for the "Anderson Street Rail Station Restoration " project be awarded to J.R. Staedler Construction Inc., 14 Glen Oaks Avenue, Summit, New Jersey 07901, for the bid submitted in the amount of $163,777.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. X-050-J04-001 of the Capital Fund, in the amount of $163,777.00 P.O. #104576 Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Mrs. Dukes advised the Mayor that her Docket was completed. Mayor Zisa thanked her and called a recess (8:20 PM) to allow the students to leave if they wished. At this time the Mayor left the meeting. Deputy Mayor Trammell announced the presence of Troop #17 and opened the meeting to the public for discussion of City business. Richard Rankin, 430 Union Street, said he had requested public records regarding legal fees and has not yet received them. I The City Attorney apologized, adding that Raymond Carnevale had provided information to him. He assured Mr. Rankin he would receive the information by the end of the week. Jack Donovan, Willow Avenue, stated Hackensack has the highest tax rate in Bergen County. He made reference to a report put o�t by the State which indicated that out of 76 schools, Hackensack is listed as the third lowest in the County. Mr. Salkin stated he had read the same report and had formed a different opinion. Dorothy Schwartz, 47 Prospect Avenue, referred to an article in the paper stating that AT & T was losing money because seniors do not make long distance calls. She made comments about a committee appointed to study Medicare and render a decision by 1999; AARP issued a study that the elderly spends 1/5 of their income for medical care and abut a cost of living adjustment. I Eric Martindale, 300 Park Street, spoke on the following subjects: Hackensack Pathway as it relates to the County from Sears South, Ice Squad, Spotless Auto Wash, the Anderson Street median, bill boards on Anderson Street, the Thrift Store and the renovation of certain properties on Park Street. Councilman Stein and City Attorney Salkin responded to Mr. ·Martindale's comments. Motion offered by Stein, seconded by Mattei, that the public hearing be closed and the meeting be adjourned. Carried (9:10 P.M) .. • MATTEI I I I ATTEST: I

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