City Council
Regular MeetingHackensack, NJ · March 16, 1998
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
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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
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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
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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
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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
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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
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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
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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
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(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;
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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
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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
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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
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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
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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
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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 •
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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
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·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
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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
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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
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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
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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
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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
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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.
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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)
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• MATTEI
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ATTEST:
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