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, December 16, 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 and Jesus R. Galvis, Deputy Mayor Mark A. Stein, Councilwoman Juanita Trammell, 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 December 2nd, 2002. Motion offered by Councilwoman Trammell and seconded by Deputy Mayor Stein that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 22-2002 ENTITLED: "REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF CERTAIN UNFUNDED PENSION LIABILITIES OF THE CITY OF HACKENSACK, NEW JERSEY, APPROPRIATING $1,050,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,050,000 BONDS OF THE LOCAL UNIT FOR FINANCING THE COST THEREOF”. Mayor Zisa: “This ordinance has been advertised according to law and now calls for a public hearing, will someone so move? Motion offered by Deputy Mayor Stein, seconded by Councilwoman Trammell that there be a public hearing. Carried. Mayor Zisa: “Is there anyone who would like to be heard concerning this ordinance?” There was no response. Motion offered by Deputy Mayor Stein, seconded by Councilman Galvis that the public hearing be closed. Carried. RESOLUTION #369 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. 22-2002 entitled: "REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF CERTAIN UNFUNDED PENSION LIABILITIES OF THE CITY OF HACKENSACK, NEW JERSEY, APPROPRIATING $1,050,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,050,000 BONDS OF THE LOCAL UNIT FOR FINANCING THE COST THEREOF”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #370 OFFERED BY: TRAMMELL SECONDED BY: STEIN 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 $ 2,561.00 309 2 Summit Bank 2001 STB 13,257.30 309 2 Fleet Bank #98502 2002 STB 11,437.82 311 14 Summit Bank 2001 STB 60,805.99 311 14 Fleet Bank #98001 2002 STB 781.36 344 16,C007F Harris, Alvin 2001 ERR PMT 681.00 344 16,C002I Lax, Robert 2001 “ “ 434.00 540 1,C00J1 Ocker, A. John 2001 “ “ 1,286.02 576 23 Rivera, Janice 2001 “ “ 1,572.00 577 31 Rivera, Manuel Jr. & Jeanette M. 2001 “ “ 820.95 335 16 Diaz, Sixto G. & Merley D. 2001 “ “ 1,400.96 428 1,C002A Asta, Joseph C. & Joanna 2001 “ “ 450.00 435 17 Puglisi, Germaine 2002 SC&Vet 643.00 428 1,C004L Castro, Rosario R. 2001 ERR PMT 1,591.00 1 4B Barrera, Salvatore M & Gia M 2001 “ “ 1,544.92 42 47 First American Real Estate Tax Serv 2001 “ “ 1,023.75 145 3 Pellerano, Cesar & Belkis 2001 “ “ 1,000.00 332 19 Nunez, Juan & Lourdes 2002 “ “ 1,820.32 444 14A Nyemcsik, John C & Ellen F 2001 “ “ 1,562.93 130 7 Pascuzzo, Lenora 2001 “ “ 1,640.00 144B 11 Cinco, Joselito & Mary S. Makiling 2001 “ “ 966.22 341 12A,C0PHD Luppino, Rosario 2001 “ “ 968.00 344 16,C017C Chervil, Lynda 2001 “ “ 552.00 351 113,C0003 Griffin, Cynthia F. 2001 “ “ 594.00 596 16,C002C McNerney,Charles Jr. & Christine 2002 “ “ 330.68 521 2 Salvesen, Mark & Denise L. 2001 “ “ 1,102.00 20 50 Jimenez, Rommel M. & Bienvenido, G. 2001 “ “ $51.00 to Michel Trifari, Statewide Rehab, Inc., 136 Lakeview Ave., Clifton, NJ 07011 refund for a permit issued in error. $45.00 to Edelma Whiteside, 15 First Street, Apt. #4A, for Hackensack Youth Basketball Registration. $45.00 to Patricia Gartner, 311 Anderson Street, for Hackensack Youth Basketball Registration. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #371 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a Licensed Municipal Auditor; and WHEREAS, such 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:11-5(1)(a)(i)of the local Public Contracts Law; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bids, and the contract itself, must be available for public inspection; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of Steven Wielkotz of Ferraioli, Wielkotz, Cerullo & Cuva, 16 Pompton Avenue, Pompton Lakes, New Jersey; and WHEREAS, funds will be available for this contract from a designated appropriation from the Year 2003 budget and shall be provided in subsequent budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Steven Wielkotz of Ferraioli, Wielkotz, Cerrullo & Cuva of 16 Pompton Avenue, Pompton Lakes, New Jersey to serve as Municipal Auditor. 2. That this contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A.40A:11- 5(1)(a)(i)of the Local Public Contracts Law because said services are to be rendered or performed by a person authorized by law to practice a recognized profession and whose profession is regulated by law, in accordance with the provisions of said statute. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish notice of this action in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #372 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk:  RA:1682 – Project Graduation Hackensack High School Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #373 – Reappointments to the Library Board of Trustees – The Acting City Clerk announced that this resolution would be tabled. RESOLUTION #374 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized to transfer an overpayment of 2002 taxes in the amount of $2,344.00 on Block 440, Lot 1.03 to 2003 unpaid taxes as per the mortgage company, 1ST 2ND Mortgage Company of NJ, Inc. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #375 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, the City of Hackensack has purchased several pieces of property in 2002 and that property is exempt from taxation. NOW THEREFORE BE IT RESOLVED, the Tax Collector is directed to reduce the tax levy for the properties as follows: BLOCK LOT AMOUNT 100H 13A $1074.00 82 25 1170.00 82 25C 2019.00 82 26 598.00 82 29 1246.00 82 30 1667.00 82 30A 576.00 TOTAL $8350.00 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #376 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, there are properties in the City of Hackensack that have small overpayments of $10.00 or less for 2001, and WHEREAS, State law permits the canceling of small balances of $10.00 or less to surplus, NOW THEREFORE, BE IT RESOLVED, the Tax Collector is directed to cancel these small balances to surplus as follows: BLOCK LOT AMOUNT 36C 8 $ .01 75 30 .01 137 65 .01 328 3 1.58 329 46 .77 330 4 1.19  330 22 .01 420 14 .01 452 24 C005B 9.00 506 44 .01 601 31 1.64 605A 10 10.00 TOTAL $24.24 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #377 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, Bock 238 Lot 8 – C008C has become an exempt property effective August 26, 2002; and WHEREAS, the pro-rated taxes for the balance of 2002 are $1,747.12, NOW THEREFORE BE IT RESOLVED, the Tax Collector is directed to cancel the taxes on the above mentioned property, in the amount of $1,747.12 for 2002 and refund to overpayment of third quarter taxes in the amount of $479.12 to the owner. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #378 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, various Year 2002 bills have been presented for payment this year, which bills were not covered by Year 2002 Budget Appropriations; and WHEREAS, N.J.S. 40A:4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $88,000.00 be made between the Year 2002 Budget Appropriations as follows: ACCOUNT TITLE FROM TO Fire Official S/W $40,000.00 Fire Department S/W $40,000.00 City Garage S/W 5,000.00 DPW S/W 5,000.00 Street Cleaning S/W 5,000.00 Recycling S/W 5,000.00 Garbage & Trash S/W 10,000.00 Garbage & Trash O/E 10,000.00 Sewer S/W 8,000.00 Sewer O/E 8,000.00 Parks & Playgrounds S/W 20,000.00 Accum. Wages all Depts 20,000.00 ___________ ___________  TOTAL $88,000.00 $88,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #379 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the Division of Local Government Services requires the Chief Financial Officer to prepare, with assistance from other officials affected by the audit finding and recommendations, and to file a “Corrective Action Plan” outlining the actions to be taken by the City relative to the finding and recommendation in the Annual Audit Report; and WHEREAS, said “Corrective Action Plan” is required to be approved by the governing body and maintained in the office of the City Clerk for public inspection; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves the “Corrective Action Plan” for the 2001 Audit Report. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #380 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that Steven Muhlstock, Esq., Special Counsel be and hereby is authorized to execute an appropriate Consent Judgment to settle the matter known as City of Hackensack –vs- Bergen County Board of Taxation, et al now pending in the tax Court of New Jersey, bearing Docket No. 002835-2002. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #381 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, N.J.S.A. 40:8A-1, et seq, the “Interlocal Services Act” authorizes contracts between municipalities for the joint provision of services within their respective jurisdiction; and WHEREAS, the City of Hackensack and the Borough of Maywood are desirous of entering into such an agreement regarding the services of Joseph C. Mellone for the provision of land use, zoning, code official and inspection services within the two municipalities; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute an agreement with the Borough of Maywood for the joint provision of the aforementioned services. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #382 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Art Koster be and is hereby reappointed Constable for the City of Hackensack, for a one (1) year term; effective August 20, 2002. BE IT FURTHER RESOLVED that the duties/activities are limited to those City related activities as directed by the City Manager. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #383 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the following Public Parking System Utility Budget Year 2002 appropriation balances remain unexpended; Capital Improvements: Capital Outlay $110,000.00 WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the above listed unexpended balances of the Public Parking System Utility Fund be cancelled. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #384 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the following Current Fund Budget Year 2002 appropriation balances remain unexpended; Capital Improvements Projects: Main Street Improvements $25,000.00 Park Improvements 5,000.00 ___________ Total $30,000.00 WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the above listed unexpended balances of the Current Fund be cancelled. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #385 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, there exists grant revenue balances in the amount of $3,925,000.00 and appropriation balances in the amount of $1,700,000.00 for Department of Transportation, Municipal Aid Discretionary 2000 and 2001 and County of Bergen River Street Bridge Appropriations of $2,225,000.00 for 2001 which have not been received or expended; and WHEREAS, the City of Hackensack with the approval of “Memorandum of Understanding” with City Resolution Number 131 between the City, County of Bergen, Department of Planning, NYS&W Railroad and the State of New Jersey has relinquished the oversight of the River Street Railroad Bridge Replacement Project to the County of Bergen; and WHEREAS, it is necessary for the City Council of the City of Hackensack to formally cancel said balances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the aforementioned balances be cancelled. Roll Call: Ayes – Mattei, Galvis, Tammell, Stein, Zisa RESOLUTION #386 OFFERED BY: TRAMMELL SECONDED BY: GALVIS 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 $ 2,667,812.68 Capital Account 8,662.41 Public Parking System Account 10,472.36 Trust Account 9,022.34 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 #387 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct Bingo and Raffle games in accordance with the applications on file in the office of the City Clerk: BA:1683 – St. Francis R.C. Church BA:1684 – PTG of St. Francis School RA:1685 – St. Francis R.C. Church Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #388 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Mayor and City Council of the City of Hackensack find it desires to enter into a contract with PSE&G Energy Technologies to supply Light Emitting Diode (LED) replacement modules for traffic signals; and WHEREAS, PSE&G Energy Technologies has submitted a proposal in the amount of $42,369.50 for LED Traffic Lights; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 2-10-262-246 of the Current Budget; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council award the contract to supply light emitting diode replacement modules for traffic signals to Public Service Electric and Gas Energy Technologies. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #389 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, a Bergen County Community Development Grant has been proposed by the Community Resource Council for the purpose of using $5,000 for information and referral at 387 Main Street, Hackensack, New Jersey; and by the Arc of Bergen County for $13,000 for their Independent Living and Family Support Program; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid project are in the best interest of the people of Bergen County; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development funds; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby confirms endorsement of the aforesaid project; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. 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. There were no items from Council. Mayor Zisa wished everyone, on behalf of himself and the Council, a very happy holiday season and health and prosperity in the New Year. The Mayor opened the meeting to the public for discussion of City business. Eric Martindale, 100 Second Street, asked the Council and the City Attorney various questions with reference to the difference between when review by the Planning Board and review by the Zoning Board are required. Jack Donovan, Willow Avenue, questioned Mr. Salkin as to whether he had an opportunity to look over the materials which he had provided to him. Mr. Salkin replied that he had spoken to Bill Rupp with reference to the matter. Mr. Donovan also stated that the Middle School is a disaster and asked if there was any way to have the State come in and take over the school. Ruth Neustadter, 279 Hamilton Place, stated that she teaches in Newark which had a takeover by the State and that nothing had been accomplished. She also wanted to be sure that everyone is aware that we are not too far away from the Indian Point Nuclear Power Plant and stated that many municipalities are passing resolutions to try to close the plant down. Mayor Zisa stated that he would be happy to review any information which she may have on this issue. Motion offered by Councilman Roger Mattei, seconded by Deputy Mayor Stein that the meeting be adjourned. Carried (8:35 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