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, April 19, 1999, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:00 PM and asked everyone to stand for the flag salute. He then asked the City Clerk's Assistant Kelly A. Mcveigh to call the roll. Present - Councilman Roger B. Mattei, Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Tr ammell, Councilman Mark A��Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Cl'er�'s I Assistant Kelly A. McVeigh and City Attorney Richard E. Salkin -� Absent - City Clerk Doris L. Dukes Ms. McVeigh: "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 placing a copy on the Bulletin Board in City Hall". Mayor Zisa called for a motion to approve the minutes of the meetings held April 5th and April 12th, 1999. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 17-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK". Mayor Zisa: "This ordinance has been advertised according to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Tr ammell that there be a public hearing. Carried. I Mayor Zisa: "Is there anyone present who wish to be heard on this ordinance. There was no response. Motion offered by Stein, seconded by Mattei that the public hearing be closed. Carried. RESOLUTION #153 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. 17-99 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 18-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF HACKENSACK". Mayor Zisa: "This ordinance has been advertised according to I law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Galvis that there be a public hearing. Carried Mayor Zisa asked if anyone present wished to speak on this ordinance. There was no response. Motion offered by Trammell, seconded by Mattei that the public hearing be closed. Carried. RESOLUTION #154 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 18-99 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF HACKENSACK", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 19-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY I OF HACKENSACK". Mayor Zisa: "This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?1' Motion offered by Trammell, seconded by Mattei that there be a public hearing. Carried Mayor Zisa asked if anyone wished to be heard on this ordinance. There was no response. Motion offered by Stein, seconded by Trammell that the public hearing be closed. Carried RESOLUTION #155 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 19-99 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #156 OFFERED BY: STEIN SECONDED BY: GALVIS 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: RA:1592 - Parents Teachers Guild of St. Francis School RA:l593 - Parents Teachers Guild of St. Francis School Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #157 OFFERED BY: TRAMMELL SECONDED BY: MATTEI 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 reason stated: AMOUNT BLOCK/LOT NAME YEAR REASON $10,293.24 209/17 Andera, Palmisano & I Geaney, Atty. for Warren Plaza Assoc. 1998 STB Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #158 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the Hackensack Public Works/Sanitation Employees, Local 911, I.U.P.C.P.E.,has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract; and  WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the Hackensack Public Works/Sanitation Employees for the period January 1, 1997 through December 31, 2002. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #159 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the Hackensack White Collar Employees, Local 911, I.U.P.C.P.E., has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract; and WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the White Collar Employees for the period January 1, 1998 through December 31, 2002. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa RESOLUTION #160 OFFERED BY: TRAMMELL SECONDED BY: GALVIS . WHEREAS, the Hackensack Public Works Supervisors, Local 911, I.U.P.C.P.E., has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City I of Hackensack for the purpose of a labor contract; and WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the Hackensack Public Works Supervisors for the period January 1, 1996 through December 31, 2002. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa RESOLUTION #161 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations for increased contractual amounts for Salaries, Other Expenses, Insurance, Sewage Treatment, etc. beyond the initial three months of 1999 and no adequate provision has been made in the 1999 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 I WHEREAS, the total emergency temporary resolutions adopted in the year 1999 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96, P.L.1951) including this resolution total $11, 435, 025.00; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20: 1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $399, 500.00;  2) That said emergency temporary appropriation will be provided for in the 1999 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Current Appropriations Admin. & Executive O/E $ 20,000.00 Planning Board O/E 5,000.00 Group Insurance Plans O/E 250,000.00 Fire Department O/E Fire Official O/E Communication Operation O/E 20,000.00 5,000.00 500.00 I Community Development O/E 70,000.00 Community Development Consultant O/E 20,000.00 Emergency Management O/E 2,000.00 City Garage O/E 7,000.00 TOTAL $ 399,500.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #162 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the health, safety and welfare of the citizens of Hackensack due to the collapse of a curb and sidewalk at the corner of Sutton and Rowland Avenues which occurred on March 2, 1999; and WHEREAS, the Director of Operations has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to repair the I collapse to full operation; and WHEREAS, the cost of the repair was $4,850.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #9-10-530-20U, Purchase Order #110477. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Kaycon Builders, 274 Elm Avenue, Hackensack, NJ, be paid, pursuant to N.J.S.A. 40A:11-6, which authorizes the governing body to award contracts without public bidding in emergency situations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #163 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the health, safety and welfare of the citizens of Hackensack due to a sewerage packup at Meyer and I Union Street occurred on December 15th, 17th, 18th, 21st, 1998 and January 12th, 1999; and WHEREAS, the Director of Operations has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sewerage backup to full operation; and WHEREAS, the cost of the repair was $8,887.50, which was a  fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #8-10-530-20U in the amount $7087.50 and account #9-10-530-20U in the amount $1, 800.00, Purchase Order #110479. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that National Water Main Cleaning, Co., 875 N. Summer Avenue, Newark, New Jersey 07104 be paid, pursuant to N.J.S.A. 40A:ll-6, which authorizes the governing body to award contracts I without public bidding in emergency situations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #164 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Susan White, School Traffic Guard, has requested a Leave of Absence without pay for three (3) months to care for her ill mother; and WHEREAS, City Manager James s. Lacava has determined that this employee be granted a three (3) month Leave of Absence, commencing March 29, 1999 and terminating June 28, 1999; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Susan White, School Traffic Guard, be granted a three (3) month Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #165 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Distribution License No. 0223-44-005-003 heretofore issued to Liquor Basket, Inc., T/A Liquor King, 450 Hackensack Avenue, Hackensack, New Jersey, be transferred to Liquor King, Inc., T/A Liquor King, Inc., 450 Hackensack Avenue, Hackensack, New Jersey, effective May 1, 1999; and BE IT FURTHER RESOLVED that the applicant has met the requirements of Sub Chapter 7 of the N.J.A.C. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #166 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, legislation pending, A-179/S-618, would amend the New Jersey Employer-Employee Relations Act to prohibit employers from implementing the last, best offer during contract negotiations; and WHEREAS, last, best offer is recognized as an important deterrent to union foot-dragging during negotiations; and WHEREAS, last, best offer can be used only after genuine I impasse and all other avenues have been exhausted; and WHEREAS, the governing body recognizes A-179/S-618 would deprive public employers of this valuable management tool, useful in keeping collective bargaining focused and moving forward to a mutually acceptable conclusion; and WHEREAS, the unions have corralled their forces in order to depict A-179/S- 618 as a bill which would "level the playing field" between labor and management, when in fact A-179/S- 618 would inhibit the over-all bargaining process and place the onus to settle squarely on municipalities at the expense of property taxpayers; and WHEREAS, Passage of A-179/S-618 would mean the terms and conditions of the expired contract would remain status quo, indefinitely, with no mechanism in place to end the deadlock, which does not level the playing field, but instead tips the scale significantly, and the unions would be in a position to gridlock negotiations; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack strenuously opposes A-179/S-618 and urges the Legislature to provide local government officials with the "management tools" necessary to hold the line on spiraling employee related costs. I AND BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Governor Whitman, Senate President DiFrancesco, members of the Senate Leadership and to the New Jersey League of Municipalities. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #167 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, N.J. Revised Statutes 39:10A-1-7 provides that the City has the right to sell at public auction any used City-owned vehicles and equipment after due notice has been published in a newspaper at least five ( 5) days previous to the date of the proposed sale. NOW, THEREFORE, BE IT RESOLVED that the aforementioned City­ owned vehicles and equipment listed in the advertisement to appear in The Record on Friday, April 23, 1999, 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 the City Garage, 120 E. Broadway, Hackensack, New Jersey, on Thursday, April 29, 1999 at 10:00 A.M., be and are hereby authorized to be sold. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #168 OFFERED BY: STEIN SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE NO. 20-99 ENTITLED: "AN ORDINANCE TO AMEND ARTICLE II OF CHAPTER 93 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'GARBAGE, RUBBISH AND REFUSE • • • ARTICLE II COLLECTION AND RECYCLING'". BE IT RESOLVED that the above ordinance, being Ordinance No. 20-99 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 May 3, 1999, 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #169 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, pursuant to an advertisement in the Record, bids were received on August 5, 1998 for a new 4-Door Emergency Command Vehicle; and WHEREAS, bids were received from Wolfington, Inc., Beyer Bros., and Warnock Sales; and WHEREAS, because of the delay of Community Development Block  Grant Funds, all bidders agreed to an extension of the proposal; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of one new Ford Expedition Command Vehicle be awarded to the low bidder Warnock Sales, 175 Route 10, East Hanover, New Jersey 07936 for the amount of $44, 620.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #X-50-Q02-001. I Purchase Order #109283. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #170 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on April 14, 1999, for a Hydrocarbon Skimmer System for the City of Hackensack Fire Department Headquarters; and WHEREAS, one bid was received from Castleton Environmental Contractors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the installation of a Hydrocarbon Skimmer System for the City of Hackensack Fire Department Headquarters be awarded to Castlton Environmental Contractors, PO Box 507, East Rutherford, New Jersey 07073 for the amount of $24, 748.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #9-10-601-204 of the Current Fund; Purchase Order #110620. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #171 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, pursuant to an advertisement in The Record, bids were received on April 14, 1999, for one new Toro Groundsmaster Commercial Riding Rotary Mower (or approved equal) for the City of Hackensack Department of Public Works; and WHEREAS, one bid was received from Storr Tractor Company; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for one new Toro Groundsmaster Commercial Riding Rotary Mower for the City of Hackensack Department of Public Works be awarded to Storr Tractor Company, 3191 Route 22, Somerville, New Jersey 08876 for the amount of $16, 900.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #X-50-Pl2-009 of the Capital Fund. Purchase Order #110619. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, ' Zisa RESOLUTION #172 OFFERED BY: MATTEI SECONDED BY: TRAMMELL I 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 Account $ 1, 535, 520.14 Public Assistance II Account 16, 193.90 Capital Account 39, 530.08 Public Parking System Account 3, 663.67 Trust Account 21, 553.82 Payroll Agency Account 118, 129.66  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 Ms. Mcveigh advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, the City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa announced the passing of Kathy Stanton who served with the Inter-religious Fellowship, an organization that helps the needy. I Mayor Zisa opened the meeting to the public for discussion of City business and asked if anyone wished to speak. Dorothy Schwartz, 47 Prospect Avenue, offered comments on the Landscaping of major construction projects in the city. Frank Campbell, 111 Catalpa Avenue, asked questions regarding the automated garbage trucks operation and if any instruction was given to the sanitation personnel who will be driving the truck. Mr. Lacava stated that the drivers of the trucks have been in training for three weeks and there have been no problems. Mr. Campbell also suggested that a demonstration of how the automated garbage truck will operate be performed for the benefit of the public. Mayor responded by informing Mr. Campbell that this would not be necessary since this procedure is a simple one. Eric Martindale, 300 Park Street, offered comments regarding the waterfront walkway adjacent to the Anderson Street C.S.0. location. He submitted a revision to Council for review. I Mayor Zisa responded to Mr. Martindale stating that the walkway has D.E.P. approval and that the cost of the revision would be costly. Jack Donovan, Willow Avenue, made comments regarding the One Stop Homeless Shelter and its location in Hackensack stating "What is the story with this homeless shelter for those people who don't want to work. They should go to Paramus". Mayor Zisa informed Mr. Donovan that the shelter would provide several services by the County in one location for those people in need of them. He also stated that the City has no control over where the location may be because it will be a County facility. Hernon Chica, 82 South State Street, expressed gratitude to the City Council and citizens of Hackensack for their help and support for the earthquake victims in Columbia on behalf of his organization Club Columbia. Mr. Chica also offered comments on a pending matter he has in the Municipal Court. Larry Rawley, asked about the status of Rowland Avenue Park I improvements and when the work will be done. City Attorney Mr. Salkin advised that the park it to be completed and available for outdoor activity by June 15th, 1999. Jack Donovan, Willow Avenue, remarked on the remarkable job that the Salvation Army does with the homeless people in the City. Motion offered by Trammell, seconded by Stein, that the public hearing be closed and the meeting be adjourned. Carried (9:30 PM) I / COUNCILMAN MARK A. STEIN ATTEST: CITY CLERK I I