City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, August 19th, 2002 at 8:00 P.M. Mayor Zisa called the meeting to order and asked everyone to stand for the flag salute. The Mayor then asked Ms. D’Auria to call the roll. Present – Councilmen Roger B. Mattei, Jesus R. Galvis, Councilwoman Juanita Trammell, Deputy Mayor Mark A. Stein, Mayor John F. Zisa, City Manager, James S. Lacava, Acting City Clerk Debra A. D’Auria and City Attorney Richard E. Salkin. Ms. D’Auria: "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 meeting held August 5th, 2002. Motion offered by Trammell seconded by Galvis that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 13-2002 ENTITLED: “AN ORDINANCE OF THE CITY OF HACKENSACK, PROVIDING FOR THE CONSTRUCTION OF SUMMIT AVENUE STORMWATER COLLECTION SYSTEM IMPROVEMENT PROJECT, APPROPRIATING $1,055,000. THEREFOR, AND AUTHORIZING $1,055,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE SAME.” 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 Trammell 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 Stein that the public hearing be closed. RESOLUTION #241 OFFERED BY: STEIN 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. 13-2002 entitled: “AN ORDINANCE OF THE CITY OF HACKENSACK, PROVIDING FOR THE CONSTRUCTION OF SUMMIT AVENUE STORMWATER COLLECTION SYSTEM IMPROVEMENT PROJECT, APPROPRIATING $1,055,000. THEREFOR, AND AUTHORIZING $1,055,000. IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE SAME”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #257 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack (the “Local Unit”), in the County of Bergen, New Jersey, has determined that there exists a need within the Local Unit to construct the Project (the “Project”) as defined in each of that certain Loan Agreement (the “Trust Loan Agreement”) to be entered into by and between the Local Unit and the New Jersey Environmental Infrastructure Trust (the “Trust”) and that certain Loan Agreement (the “Fund Loan Agreement”, and together with the Trust Loan Agreement, the “Loan Agreements”) to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the 2002 New Jersey Environmental Infrastructure Trust Financing Program (the “Program”); WHEREAS, the Local Unit has determined to finance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the Trust (the “Trust Loan”) and the State (the “Fund Loan”, and together with the Trust Loan, the “Loans”) pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively: WHEREAS, to evidence the Loans, each of the trust and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit’s General Obligation Bonds, Series 2002, to the Trust in an aggregate principal amount not to exceed $530,000 (the “Trust Loan Bond”) and General Obligation Bonds, Series 2002, to the State in an aggregate principal amount not to exceed $525,000 (the “Fund Loan Bond”, and together with the Trust Loan Bond, the “Local Unit Bonds”) pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the “Local Bond Law”), other applicable law and the Loan Agreements; and WHEREAS, N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law allows for the sale of the Trust Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the Trust Loan Bond to the Trust without any public offering, all under the terms and conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED, by a 2/3 vote of the full membership of the governing body of the Local Unit as follows: Section 1. In accordance with N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law and N.J.S.A. 58:11B-9(a), the Local Unit hereby sells and awards its (a) Trust Loan Bond in an aggregate principal amount not to exceed $530,000 to the Trust in accordance with the provisions hereof and (b) Fund Loan Bond in an aggregate principal amount not to exceed $525,000 to the State in accordance with the provisions hereof. The Local Unit Bonds have been referred to and are described in Bond Ordinance Number 2002-25 (“Bond Ordinance Number 2002-25”) of the Local Unit, which bond ordinance is entitled “AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE CONSTRUCTION OF SUMMIT AVENUE STORMWATER COLLECTION SYSTEM IMPROVEMENT PROJECT IN THE CITY OF HACKENSACK AND APPROPRIATNG $1,055,000 THEREFOR, AND AUTHORIZING $1,055,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE SAME” and was finally adopted by the Local Unit at a meeting duly called and held on August 5, 2002 (the “Bond Ordinance”), at which time a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law. Section 2. The Chief Financial Officer of the Local Unit (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the Trust Loan Bond and the Fund Loan Bond: (a) The aggregate principal amounts of the Trust Loan Bond and the Fund Loan Bond to be issued, provided that the aggregate principal amount of the Local Unit Bonds shall not exceed $1,055,000; (b) The maturity and annual principal installments of the Local Unit Bonds, which maturity shall not exceed fifteen (15) years; (c) The date of the Local Unit Bonds; (d) The interest rates of the Local Unit Bonds (e) The purchase price for the Local Unit Bonds; and (f) The terms and conditions under which the Local Unit Bonds shall be subject to redemption prior to their stated maturities. Section 3. Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Local Unit bonds by the parties authorized under Section 4(c) hereof. Section 4. The Local Unit herby determines that certain terms of the Local Unit Bonds shall be as follows: (a) The Trust Loan Bond shall be issued in a single denomination and shall be numbered R-1. The Fund Loan Bond shall be issued in a single denomination and shall be numbered R-2; (b) The Local Unit Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to both principal and interest in lawful money of the United States of America; and (c) The Local Unit Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Local Unit Clerk. Section 5. The Trust Loan Bond and the Fund Loan Bond shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively. Section 6. The law firm of DeCotiis, FitzPatrick, Gluck & Cole, LLP, is hereby authorized to arrange for the printing of the Local Unit Bonds, which law firm may authorized McCarter & English, LLP, bond counsel to the Trust and the State for the Program, to arrange for same. The Local Unit auditor is hereby authorized to prepare the financial information necessary in connection with the issuance of the Local Unit Bonds. The Mayor, the Chief Financial Officer and the Local Unit Clerk are hereby authorized to execute any certificates necessary or desirable in connection with the financial and other information.  Section 7. The terms of the Local Unit Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote of 2/3 of the full membership of the governing body of the Local Unit. Section 8. The Mayor and the Chief Financial Officer are hereby severally authorized to execute any certificates or documents necessary or desirable in connection with the sale of the Local Unit Bonds, and are further authorized to deliver same to the Trust and the State upon delivery of the Local Unit Bonds and the receipt of payment therefore in accordance with the Loan Agreements. Section 9. This resolution shall take effect upon Bond Ordinance Number 2002-25 becoming effective. Section 10. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to DeCotiis, FitzPatrick, Gluck & Cole, LLP, bond counsel to the Local Unit, and Richard Nolan, Esquire, McCarter & English, LLP, bond counsel to the Trust. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 14-2002 ENTITLED: “AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN CONTRACTUAL EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK.” 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 and 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 Stein, seconded by Mattei that the public hearing be closed. RESOLUTION #263 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. 14-2002 entitled: “AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN CONTRACTUAL EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #264 OFFERED BY: STEIN SECONDED BY: GALVIS 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 $12,990.40 232 2 Palmeri, Anthony 1997 STB 13,131.60 232 2 “ “ 1998 STB 13,484.60 232 2 “ “ 1999 STB 1,248.38 343 10,C006E Lubin, Robert 1992 STB 652.00 540 1,C00H6 Mortgage Service Center 2002 ERR PMT 598.88 87A 1 Ultima Five LLC 2001 “ “ 100.00 343 12A,C014C Narins,Stanley&Dolores 2000 VETERAN 150.00 343 12A,C014C “ “ “ 2001 “ 1,308.00 442 11,C006K Philipp, Francis A. Jr. & Dorothy M. 2002 ERR PMT Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #265 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Matthew P. Begin, Tree Trimmer, has requested a Leave of Absence for forty-one (41) days without pay under the Family Leave Act for medical reasons; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a forty-one (41) days Leave of Absence, commencing August 5, 2001 and terminating September 14, 2002; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Matthew P. Begin, Tree Trimmer, be granted a forty-one (41) days 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 RESOLUTION #266 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack wishes to upgrade their telephone system in the Police Department from an authorized vendor of the State of New Jersey; and WHEREAS, the purchase of this system by a local contracting unit is authorized by the Local Public Contracts Law N.J.S.A.40A:11-12; and WHEREAS, Consultedge, 120 Broadway, New York, New York 10271 has been awarded New Jersey State Contract #A42285 for this telephone upgrade; and WHEREAS, the Chief of Police recommends the utilization of this contract on the ground that Consultedge represents the best price available; and WHEREAS, the actual cost for this purchase is $76,605.26; and WHEREAS, the Chief Financial Officer has certified that funds are available for this contract.  NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that Consultedge be awarded the contract for the telephone system in the City of Hackensack Police Department. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #267 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who operate motor vehicles within the City limits of the City of Hackensack, when a traffic signal located at the intersection of Passaic Street and Linden Street was accidentally knocked down and was rendered inoperable on May 13, 2002; and WHEREAS, the Chief of Police of the City of Hackensack has notified that this emergency did exist; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and WHEREAS, the cost of the repair was $2,922.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account No. 2-10-318-267 of the Current Budget, P.O. #128390; 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, the vendor Traffic Control Equipment, 236 Green Street, South Hackensack, New Jersey 07606 be paid therefore. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #268 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public when a tree chipper became inoperable; and WHEREAS, the Superintendent of Public Works of the City of Hackensack has furnished to the City Manager a report setting forth the 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 tree chipper to full operation; and WHEREAS, the cost of the repair was $6,437.09, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account 2-10-430-273 of the Current Fund, Purchase Order #130174  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, the vendor Vermeer North Atlantic, 7 Maple Avenue, Mount Holly, New Jersey 08060, be paid therefore. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #269 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public when the Sewer Vac All equipment became inoperable; and WHEREAS, the Superintendent of Public Works of the City of Hackensack notified the City Manager of the situation; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the equipment to full operation; and WHEREAS, the cost of the repair was $17,479.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #2-10-530-272 of the Current Fund, Purchase Order.# 130175; 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 Timmerman Equipment, P.O. Box 71, Whitehouse, New Jersey 08888, be paid therefore. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #270 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has received funds from the New Jersey Department of Transportation for the Improvement of Church Street/Moore Street from Court Street to East Mercer Street in the City of Hackensack; and WHEREAS, the Agreement executed between the City of Hackensack and the New Jersey Department of Transportation set a date of December 18, 2001 for the award of a contract for this work; and WHEREAS, the City has requested and received from the New Jersey Department of Transportation an extension of time for the award of a contract on this project to August 1, 2002; and WHEREAS, due to ongoing utility work by the United Water Company in Church Street, including the installation of a new large diameter water main, the City of Hackensack has been unable to complete the plans and specifications for the project; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that they hereby request from the New Jersey Department of Transportation an extension of time for award of a contract on said project to March 31, 2003. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #271 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, the Department of Building, Housing and Land Use requires a software program for its computer system; and WHEREAS, GovXcel Software, 100 Wood Avenue, Suite 308, Iselin, New Jersey 08830 has submitted a proposal in the amount of $10,000.00 for a period of one year, which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #2-10-341-262 of the Current Budget; NOW, THEREFORE, BE IT RESOLVED that the required software program be awarded to GovXcel Software pursuant to N.J.S.A. 40A:11-3 which excludes from public bidding contracts which do not exceed $17,500.00. Purchase Order #130221. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #272 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 $ 1,665,167.67 Capital Account 5,560.00 Public Parking System Account 7,190.95 Trust Account 11,670.00 Payroll Agency Account 228,887.69 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 RESOLUTION #273 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that David Perricone, 125 Prospect Avenue and Jorge Meneses, 108 Ise Street be and are appointed as members of the Recreation and Cultural Board for terms to expire on December 31, 2002 and December 31, 2003 accordingly. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa Ms. D’Auria advised the Mayor that the docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of the Council if they had anything to report. They did not. The Mayor reported that National Night Out was a success and that various County agencies, the New Jersey State Police and members of the community had attended same. The Mayor thanked all who had participated.  The Mayor opened the meeting to the public for discussion of City business. Jack Donovan, Willow Avenue, stated that he hoped that the Chief of Police would not rehire Monica Wilson whom he referred to as a bigot, racist and troublemaker. He also stated that although Mrs. Trammell took a little bit of flack at the last meeting that he personally thinks that she does a good job. Eric Martindale, 100 Second Street, stated that in a prior conversation with Mr. Salkin he had been advised that copies of public documents were available at a cost of twenty-five cents per page, however, in a letter he received from the City Clerk the cost was seventy-five cents per page. He went on to state that other towns are not charging the maximum allowed by statute. Mr. Martindale also wanted to know what the Summit Avenue sewer project is and Mayor Zisa explained that it pertains to the installation of storm sewers running west from Summit Avenue to the Maywood border. Mr. Martindale further stated that the issues have changed over the years but that the Mayor’s position on items might have had some relevance ten years ago, but that his current position with reference to issues involving Monica Wilson is not appropriate. The Mayor responded that he does what he thinks is in the best interest for the City of Hackensack and that regarding Ms. Wilson, the matter is still pending in the Courts and is not something that can be discussed in public. Mr. Martindale asked the Council to look in their hearts on how the City has changed and to be more sympathetic to issues around them. Debra Keeling Geddes, 244 Hamilton Place, inquired as to who the chaplains are for the Police and Fire departments. The Mayor suggested that she contact Deputy Chief Frank Zisa or Deputy Chief Edward Koeser in the Police Department to obtain this information. Mr. McCoy, 90 Prospect Avenue, inquired as to whether the City had jurisdiction over the Board of Education to have them provide a key for access to indoor tennis courts during the hot weather. The Mayor advised Mr. McCoy that this is not under the Council’s jurisdiction, however, the message will be relayed to the Board of Education. Motion offered by Councilman Mattei, seconded by Councilwoman Trammell that the meeting be adjourned. Carried (8:40 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR MARK STEIN  ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN ROGER B. MATTEI ATTEST: ________________________ ACTING CITY CLERK