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, May 17th, 2004 at 8:00 P.M. Deputy Mayor Mattei called the meeting to order and asked everyone to stand for the flag salute. The Deputy Mayor then asked Ms. D’Auria to call the roll. Present - Deputy Mayor Roger B. Mattei, Councilwoman Juanita Trammell, Councilmen Mark A. Stein, and Jesus R. Galvis, City Clerk, Debra A. D’Auria, City Attorney Richard E. Salkin and City Manager James Lacava. Absent – Mayor John Zisa. Ms. D’Auria: “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.” Deputy Mayor Mattei called for a motion to approve the minutes of the meeting held May 3rd, 2004. Motion offered by Stein and seconded by Trammell that the minutes be approved as submitted. Carried. RESOLUTION #123 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 $ 917.00 214 16,C0027 Quinton Jr & Pilar E Velez 2004 ERR PMT 431.00 429 1,C002B Tina Marie Clouse 2003 “ “ 250.00 238 5,C009E Robert & Geraldine Cuccio 2003 Vet Alw 684.00 540 1,C00L6 Dianne Cancel 2003 ERR PMT 2,365.00 320 22 259 Union Street, LLC 2004 “ “ 1,022.00 341 8,C0S3K World Plaza Associates 2003 “ “ 1,968.00 341 8,C0S3K “ “ “ 2004 “ “ 684.00 540 1,C00E3 Mustafa A. Mustafa 2003 “ “ 508.67 435 1,C0N6A Helen Rizas 2003 “ “ Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent – Zisa RESOLUTION #124 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 2003 taxes in the amount of $782.00 on Block 329, Lot 6 to unpaid 2004 taxes. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent – Zisa RESOLUTION #125 OFFERED BY: GALVIS SECONDED BY: TRAMMELL 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:1731 – St. Francis School Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #126 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the Governing Body of the City of Hackensack received notice from the New Jersey Department of Community Affairs of its eligibility to receive a Statewide Livable Communities Local Library Grant in the amount of $61,500.00; and WHEREAS, the purpose of the grant is for Library Improvements. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack to accept the grant of $61,500.00 for Library Improvements, BE IT FURTHER RESOLVED, that the Mayor of the City of Hackensack be and hereby is authorized to execute a Grant Agreement with the New Jersey Department of Community Affairs on behalf of the City of Hackensack, and upon execution of said Agreement, the City of Hackensack does accept the Terms and Conditions specified in the Agreement in connection with this grant. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent – Zisa RESOLUTION #127 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, on Thursday, March 4, 2004 a private residence located at 222 Clinton Place, Hackensack, New Jersey, Block 444 and Lots 18A and 20 was destroyed by fire; and WHEREAS, said fire left the structure severely damaged; and WHEREAS, the City of Hackensack’s Building Inspectors as well as the Fire Department declared the structure a danger to the safety and welfare of the citizens of the City of Hackensack; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to raze and remove debris from such property; and WHEREAS, the cost of the necessary services was $42,081.92 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account Number 4-10-850-211, Purchase Order #138892; WHEREAS, it is anticipated that the entire cost of this demolition will be recovered from the property owner or their insurance carriers; 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, Inc., 101 East Broadway, Hackensack, New Jersey 07601, be paid therefore; and BE IT FURTHER RESOLVED, by the City Council of the City of Hackensack that the Tax Collector is hereby authorized to place a miscellaneous tax lien in the amount of $42,081.92 on the property located at 222 Clinton Place, Hackensack, New Jersey, Block 444 Lots 18A and 20. Roll Call: Ayes – Trammell, Galvis, Mattei, Stein Absent – Zisa RESOLUTION #128 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has applied for and has been awarded a grant in the amount of $8,375.00 from the Hazardous Discharge Site Remediation Fund Municipal Grant Program through the Department of Environmental Protection and the New Jersey Economic Development Authority for the preliminary assessment as well as report preparation of the Odyssey Body Works, Inc. property. NOW THEREFORE, BE IT RESOLVED by the governing body of the City of Hackensack that the above referenced grant is hereby accepted and the Mayor is hereby authorized to execute grant documents as an authorized representative thereunder, as the representative for the City of Hackensack. The City has retained the services of Malcolm Pirnie to perform the services of this grant funding for Odyssey Body Works, Inc., property. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the New Jersey Economic Development Authority. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent – Zisa RESOLUTION #129 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack requires the services of auditors to review the general ledger and create the Annual Financial Statement; and WHEREAS, such professional services will be rendered or performed by individuals who 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, it is the desire of the Mayor and Council to engage the services of Ferraioli, Wielkotz, Cerullo and Cuva, Certified Public Accountants, 100B Main Street, Newton, New Jersey 07860 to perform these services; and WHEREAS, a certificate establishing that funds are available from Account Number 4-10-210-204 of the Current Fund, Purchase Order #139465 in the amount of $8,000.00 has been issued by the Chief Financial Officer; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Ferraioli, Wielkotz, Cerullo and Cuva, PA for the review of the general ledger and creation of the Annual Financial Statement consistent with a proposal issued by the City of Hackensack. (2) 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; and 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 a notice of the action once in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #130 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 from the Escrow Deposit account: Amount Name $2,665.00 GTFM,LLC 5,000.00 RHY Construction 23,522.03 City of Hackensack 5,000.00 Health Spa 2 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #131 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 $1,821,623.17 Capital Account 251,401.04 Public Parking System Account 6,867.14 Trust Account 6,800.00 State Unemployment Insurance 21,177.41 Community Development Block Grant 123,830.69 Payroll Agency Account 110,300.25 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 Absent – Zisa RESOLUTION #132 OFFERED BY: GALVIS 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 when a sanitary sewer collapsed at 420 Washington Avenue and was rendered inoperable; and WHEREAS, the Project Manager of the City of Hackensack has furnished the City Manager a 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 sewer line to full operation; and WHEREAS, the cost of the repair was $3,778.64, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account#4-10-530-204, P.O.#139514; 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 & Son, Inc., 101 East Broadway, Hackensack, New Jersey, 07601, be paid therefore. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent – Zisa RESOLUTION #133 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts and payment of bills and no adequate provision has been made in the 2004 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 2004 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $27,608,582.83; 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 $1,078,000.00; 2) That said emergency temporary appropriation will be provided for in the 2004 Budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Current Appropriations Admin & Exec O/E $ 10,000.00  Financial Admin O/E 10,000.00 Audit Service O/E 40,000.00 Tax Assessor S/W 15,000.00 Tax Assessor O/E 10,000.00 Tax Collector S/W 15,000.00 Legal Services/Costs O/E 25,000.00 Building & Grounds O/E 25,000.00 Utilities O/E 100,000.00 Board of Adjustment O/E 10,000.00 Group Insurance Plans O/E 500,000.00 Police O/E 40,000.00 Building Inspectors S/W 25,000.00 Inspection of Property S/W 20,000.00 DPW S/W 50,000.00 City Garage S/W 30,000.00 Streets & Roads O/E 10,000.00 Snow Removal O/E 20,000.00 Streets & Roads Lighting 60,000.00 Street Cleaning S/W 5,000.00 Street Cleaning O/E 5,000.00 Garbage & Trash O/E 10,000.00 Parks & Playgrounds O/E 20,000.00 Recreation Dept O/E 10,000.00 Safe & Secure S/W 10,000.00 Drunk Driving Grant S/W 1,000.00 Out of Court Settlement 2,000.00 _____________ Total $1,078,000.00 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #134 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Louis M. Fiorelli, Maintenance Repairer, has requested a Leave of Absence without pay for twelve weeks under the Family Leave Act for personal medical treatment, and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a twelve weeks Leave of Absence, commencing April 12, 2004 and terminating July 7, 2004. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Louis M. Fiorelli, Maintenance Repairer, be granted a twelve weeks Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this resolution is forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein Absent - Zisa Ms. D’Auria advised the Deputy Mayor that the docket was completed. The Deputy Mayor thanked her and asked the City Manager and the members of the Council if they had anything to report. They did not.  The Deputy Mayor opened the meeting to the public for discussion of City business. Eric Martindale, 100 Second Street, stated that he had read an interesting article in a column called “Ask Marilyn” written by a homeless person. Frank Campbell, 111 Catalpa Avenue, raised various questions regarding the sidewalk ramp program. Mr. Lacava advised that the program is not continuing at this time. Albert Dib, 169 Euclid Avenue, asked questions regarding two resolutions. Philip Roberts, 17 Lodi Street, stated that he was driving down Hudson Street when he noticed that the City was taking down trees and questioned whether or not you have to replace a tree if you cut it down. Mr. Salkin stated that you do not. Mr. Roberts went on to ask various questions regarding the sewer system on River Street. Councilman Stein stated that the City’s sewer system is not “over-taxed” as Mr. Roberts seems to think it is and that any developer who might develop in this area would have to remediate any existing problem. As no one else wished to be heard, a motion was made by Councilman Stein and seconded by Councilwoman Trammell that the meeting be adjourned. (Carried 9:25 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR ROGER MATTEI ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ _ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN MARK A. STEIN ATTEST:_______________________ CITY CLERK