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, March 18th, 2002 at 8:00 P.M. Mayor Zisa called the meeting to order at 8:10 PM and asked everyone to stand for the flag salute. The Mayor then asked Mrs. Dukes to call the roll. Present – Councilman Roger B. Mattei, Councilman Jesus R. Galvis, 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 Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of l975 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 March 4th and 11th, 2002. Motion offered by Stein seconded by Trammell that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 6-2002 entitled: “AN ORDINANCE TO AMEND CHAPTER 59, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: “TOWERS AND WRECKERS”. Mayor Zisa: “This ordinance has been advertised pursuant to 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 wished to be heard on this ordinance. There was no response. Motion offered by Mattei seconded by Trammell that the public hearing be closed. Carried RESOLUTION #95 OFFERED BY: STEIN 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. 6-2002 entitled: “AN ORDINANCE TO AMEND CHAPTER 59, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: “TOWERS AND WRECKERS”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 7-2002 ENTITLED: “AN ORDINANCE TO AMEND CHAPTER 170, SUBSECTION 1B OF THE CODE OF THE CITY OF HACKENSCK, NEW JERSEY ENTITLED: “VEHICLES AND TRAFFIC. . . DEFINITIONS”. 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  Mayor Zisa asked if anyone wished to be heard on this ordinance. There was no response. Motion offered by Galvis, seconded by Mattei that the public hearing be closed. Carried RESOLUTION #96 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and state of New Jersey, that Ordinance No. 7-2002 entitled: “AN ORDINANCE TO AMEND CHAPTER 170 SUBSECTION 1B, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: “VEHICLES AND TRAFFIC. . . DEFINITIONS”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #97 OFFERED BY: MATTEI 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 reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $3,931.20 67 24 Michael I. Schneck, Tr. For Stanley Lee 2000 STB 3,971.52 67 24 “ “ “ “ “ 2001 STB 1,357.20 221 9 Michael A. Vespasiano, 2000 STB Atty. Trust Acct. 1,371.12 221 9 “ “ “ “ 2001 STB 1,405.76 227 12 Andora & Romano LLC Atty. Trust Acct. 1999 STB 1,435.20 227 12 “ “ “ “ “ 2000 STB 1,449.92 227 12 “ “ “ “ “ 2001 STB 2,865.00 227 14 “ “ “ “ “ 1999 STB 2,925.00 227 14 “ “ “ “ “ 2000 STB 2,955.00 227 14 “ “ “ “ “ 2001 STB 3,049.80 229 11 Michael A. Vespasiano Atty. Trust Acct. 2000 STB 3,081.08 229 11 “ “ “ 2001 STB 1,595.10 325 26 “ “ “ 2000 STB 1,611.46 325 26 “ “ 2001 STB 1,390.48 418 25 Juliana Joan Realty,Inc 1999 STB 1,419.60 418 25 “ “ “ “ 2000 STB 1,434.16 418 25 “ “ “ “ 2001 STB 1,293.70 542 20A P.Edmund & Marlene Anz 2001 ErrPmt. 1,280.00 542 20A “ “ “ “ 2001 ErrPmt. 311.60 219 25C002B Mortgage Serv. Center 2000 ErrPmt. $30.00 to Martha Mattoon, 46 Newman St., Hackensack, NJ for Basketball Program Registration which was cancelled. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #98 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack as follows: A person desiring to address the City Council during the public portion of a regularly scheduled Council meeting will be permitted to speak once for a period not to exceed five (5) minutes. The five (5) minutes shall include the time during which a member of Council or other City Official is responding to a question or comment put forward by the person so addressing the City Council. The City Clerk shall keep a copy of this Resolution posted on a prominent and visible location within the Council Chambers. This procedure set forth by this Resolution shall take effect immediately. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #99 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED that the Tax Collector be and is hereby authorized to transfer an overpayment of $625.00 for 2001 taxes and $620.00 for 2002 taxes to unpaid taxes on Block 341, Lot 8, C0S2J due to an incorrect unit number by the mortgage company as requested by Cenlar Tax Administration. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #100 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that Howard Gregory be and is hereby appointed Constable for the City of Hackensack, for a two (2) year term and that the duties and activities be limited to those City related activities as directed by the City Manager. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #101 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, a professional service contract was awarded to Joseph Scrivo in the amount of $10,000.00, for financial consultant services and Change Order #1 was approved in the amount of $6,000.00; and WHEREAS, the City of Hackensack received Change Order #2 for additional work performed during the year 2001 and said services will exceed the contract amount by $l,100.00; and WHEREAS, it is the recommendation of the Chief Financial Officer that the contract be amended to include the additional $1,100.00; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. 1-10-210-204 of the Current Fund in the amount of $1,100.00 P.O.#120231. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 2 in the amount of $1,100.00 for Joseph Scrivo, 15 Dogwood Court, Mahwah, New Jersey 07430, be and is hereby approved. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #102 OFFERED BY: TRAMMELL SECONDED BY: GALVIS  WHEREAS, Delta Dental Plan of New Jersey wishes to renew its contract with the City for the period March 1, 2002 to December 31, 2003; and WHEREAS, Delta Dental administration costs will remain at $5.50 per employee per month and increase the renewal rate for the Flagship Program by $.72 for one; $l.39 for two; and $2.34 for three; and WHEREAS, the City’s Self-Insurance Committee and the City’s Insurance Agent of Record have reviewed the renewal contract and recommend that it is in the best interest of the City to renew; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor be and is hereby authorized to execute the renewal (Plan Document) Agreement between Delta Dental Plan of New Jersey and the City of Hackensack, for the years 2002 to 2003. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #103 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts, payment of salaries and insurance premiums and no adequate provision has been made in the 2002 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 2002 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $7,135,000.00; 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 $900,000.00; 2) That said emergency temporary appropriation will be provided for in the 2002 Budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Current Appropriations Sewer Treatment-BCUA O/E $875,000.00 Celebrate Public Events O/E 25,000.00 TOTAL $ 900,000.00 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #104 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, on November 6th, 2001, the voters of Hackensack overwhelmingly approved a public question urging the City Council to continue its efforts toward, and support of, the movement to bring about measures to address the operation and potential expansion of Teterboro airport through continued active participation in the Coalition For Public Health and Safety, a coalition of twelve (12) Bergen County Communities, the quality of life of whose residents are adversely affected by the airport; and WHEREAS, the Coalition has engaged the services of Lieberman & Blecher, Esqs., 30 Jefferson Plaza, Princeton, New Jersey 08540 to institute preliminary legal proceedings under the Environmental Rights Act directed at the Port Authority; and WHEREAS, the arrangement with the aforementioned law firm and the coalition is that each of the municipalities is to tender a $5,000.00 retainer payable to the Trust Account of Lieberman & Blecher, Esqs.; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #2-10-850-211; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack, as follows: 1. The written proposal of Lieberman & Blecher, Esqs., dated January 11th, 2002, is hereby accepted and the Chief Financial Officer is directed to forward the aforedescribed retainer immediately; 2. The City Clerk be, and hereby is directed, to prepare a certified copy of the results of the November 6 th, 2001, Municipal Public Question Referendum. 3. The Mayor be, and hereby is, authorized to prepare and forward a written communication to Governor James E. McGreevey, enclosing the results of the Public question and this Resolution and expressing the City Council’s urgent request that the Governor proactively intercede in this matter and help improve, preserve, protect, and defend the quality of life of the many thousands of Bergen County residents who are adversely affected by the operation of Teterboro Airport. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #105 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the City of Hackensack has the need to engage Bond Counsel for ongoing professional services to the City of Hackensack; and WHEREAS, it is the desire of the Mayor and Council to engage the services of the firm of DeCotiis, Fitzpatrick, Gluck & Cole, Esqs., 500 Frank W. Burr Boulevard, Teaneck, New Jersey 07666, to provide these services in accordance with a contractual proposal dated February 15th, 2002, and at the pleasure of the Council; and WHEREAS, said services are exempt from public bidding as they are to be performed by a person authorized by law to practice a recognized profession and as such are “professional services” as that term is defined by N.J.S.A. 40A:11-2(6) of “The Local Public Contracts Law”; and NOW, THEREFORE, BE IT RESOLVED:  l. The Mayor and City Clerk be and they are hereby authorized to execute an agreement dated February 15 th, 2002, with DeCotiis, Fitzpatrick, Gluck, and Cole Esqs., of Teaneck, New Jersey for the provision of such services; 2. The City Clerk is hereby directed to retain a copy of said executed Agreement on file and available for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #106 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, various Year 2001 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 2001 Budget Appropriation Reserve in the last two months of 2001; 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 sufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that transfers in the amount of $314,000.00 be made between the Year 2001 Budget Appropriations Reserves as follows: FROM TO Public Bldgs & Grounds S/W $ 4,000.00 Utilities O/E 4,000.00 Police S/W 150,000.00 Salary Adjustments S/W 100,000.00 Sanitary Landfill 50,000.00 Fire S/W 300,000.00 Tax Collector O/E 5,000.00 Fire O/E 5,000.00 Tax Assessor O/E 5,000.00 Police O/E 5,000.00 Total $314,000.00 $314,000.00 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #107 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a Consultant to assist in the coordination and preparation of applications for funding of various and significant projects perceived to be vital to the economic, environmental and aesthetic improvement of the City; and WHEREAS, the ability to undertake this function is specialized and qualitative in nature and requires expertise, extensive training and proven reputation in the field of endeavor, rendering same as "extraordinary unspecifiable services" as defined in N.J.S.A.40A:11-2(7) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to engage the services of Muller, Bohlin and Associates, 156 High Street, Perth Amboy, New Jersey 08861, for the period January lst through December 31, 2002 in accordance with the Muller Bohlin Associates, Inc., proposal dated December 27, 2001; and WHEREAS, a certificate establishing that funds are available from Account #2-10-343-227 of the General Fund, P.O. #126521 for an amount not to exceed $48,000.00, has been issued by the Chief Financial Officer; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, as follows: (l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Muller, Bohlin and Associates for the provision of these services; (2) This contract is awarded without competitive bidding as the services qualify as extraordinary unspecifiable services in accordance with N.J.S.A.40A:ll-5(1))a)(ii) of the Local Public Contracts Law. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution, for public inspection and to publish a notice of this action once in the Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #108 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the City Hall/Police Department elevator is in need of replacement; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to engage the engineering services of Van Deusen and Associates, 5 Regent Street, Suite 520, Livingston, New Jersey 07039, in accordance with a letter proposal dated March 7th, 2002, in an amount not to exceed $9,500.00 to perform said engineering services; and WHEREAS, said services are exempt from public bidding as they are to be performed by a person authorized by law to practice a recognized profession and as such are professional services as that term is defined by N.J.S.A. 40A:11-2(6) of the Local Public Contracts Law; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #X-50-P11-002 of the General Capital Fund in the amount of $9,500.00, P.O. No. 126495. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute the letter proposal dated March 7th, 2002, with Van Deusen and Associates, Livingston, New Jersey for the performance of the aforementioned professional services; and BE IT FURTHER RESOLVED that the City Clerk is directed to retain a copy of the executed letter proposal on file and available for public inspection and to publish a Notice of this action once in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #109 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, it is necessary to undertake repairs on the ceiling located within the Hackensack Municipal Court; and WHEREAS, G. Tessaro Construction co., Hackensack, New Jersey, has submitted a written proposal dated February 15 th, 2002 for said repairs in the amount of $14,300.00, which is a fair and reasonable figure; and WHEREAS, the amount proposed is less than the bidding threshold established by N.J.S.A. 40A:11-3 and is therefore exempt from public bid; and WHEREAS, the Chief Financial Officer has certified that funds are available for this repair project in Account No. X- 50P11-001, P. O. No. 126227; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the aforesaid proposal of G. Tessaro Construction Co., Hackensack, New Jersey 07601, be and is hereby approved and accepted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #110 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the New Jersey State Department of Health requires all local health departments to file an annual report each year; and WHEREAS, the annual report for calendar year 2001 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the annual report as submitted by the Health Officer be and is hereby approved; Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #111 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety of the citizens of the City of Hackensack and the general public when a sewer collapsed on North State Street on February 28, 2002; and WHEREAS, the Director of Operations of the City of Hackensack has furnished a report to the City Manager 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 sewer to full operation; and WHEREAS, the cost of repair was $6,353.74, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #2-10-530-204, P.O.# 126532; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A.40A:11-6, which authorizes the governing body to award contracts without benefit of public bidding in emergency situations, and the vendor, J. Fletcher Creamer and Son, 101 East Broadway, Hackensack, New Jersey, 07601, be paid therefor. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #112 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, various individuals are the owners of condominium units located at 235 Prospect Avenue, commonly known as the Blair House condominium, and designated as Block 343, Lot 14; and WHEREAS, these various taxpayers have filed appeals to their 1997 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, upon review of information submitted, a reduction in the assessment for said property appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and the Tax Assessor that this matter should be settled and said settlement is in the best interest 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, including requests for the application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to in order to effectuate a settlement of litigation bearing docket numbers 007632-97, 007633-97, 007651-97, 007652-52, 007654-97, 007656-97, 007658-97, 007660-97, 007663-97 through 007684-97, 007686-97 through 007692-97, 007695-97, 007697-97, 007699-97, 007700-97, 007701-97, 007703-97 and 007704-97, which matters are listed by the taxpayer name and docket number, all of which are presently pending in the Tax Court of New Jersey, so that the assessments be reduced; and BE IT FUTHER 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, Galvis, Trammell, Stein, Zisa RESOLUTION #113 OFFERED BY: TRAMMELL SECONDED BY: STEIN 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 $ 1,486,021.11 Capital Account 28,591.91 Public Parking System Account 4,587.66 Trust Account 19,024.68  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 Mrs. Dukes advised the Mayor that the docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. The Mayor reminded everyone that there is a five minute limit for speakers and then opened the meeting to the Public for discussion of City business. Loreli Koran, 303 Summit Avenue, thanked the Mayor and Council for their continued support for the past three years of the Teterboro Airport issues. Mayor Zisa thanked Ms. Koran and her committee for all of their efforts. Eric Martindale, 100 Second Street, addressed matters concerning flooding on Green Street and on Newman Street, stating that it has become a “quality of life” issue. He asked Council to take a hard look to see how the matter can be resolved. Mayor Zisa pointed out that the areas mentioned fall under the jurisdiction of the Bergen County Mosquito Control. He said 90% of the projects mentioned are outside the City. Eric made a recommendation that the City consider purchasing the building formerly used by Alan Party Rental for housing. Mayor Zisa said it was a good suggestion but it will need some investigation. Len Nix, 83 Elm Avenue, said he felt the City should give parking spaces to the Marines, Army, Air Force and Navy Recruiters on Banta Place, as a result of the 9-11 tragedy. John Donovan, Willow Avenue, said the five-minute limit was a good idea. He suggested awards be given to anyone who turns in a student who does not live in Hackensack or in the country. He said “Clifton is doing it now”. Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (8:45 PM) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR JUANITA TRAMMELL  ____________________________ COUNCILMAN MARK A. STEIN ___________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN ROGER B. MATTEI ATTEST: ________________________ CITY CLERK