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, September 20th, 2004 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 Mrs. Heck to call the roll. Present – Mayor John F. Zisa, Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Trammell, Councilmen Roger B. Mattei and Mark A. Stein, City Clerk Debra A. Heck, City Attorney Richard E. Salkin, City Manager Peter Capone. Mrs. Heck: “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.” Mayor Zisa called for a motion to approve the minutes of the meeting held September 7th, 2004. Motion offered by Stein and seconded by Galvis that the minutes be approved as submitted. Carried. RESOLUTION #252 OFFERED BY: TRAMMELL SECONDED BY: STEIN FINAL ADOPTION OF ORDINANCE NO. 8-2004 ENTITLED: “AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION N.J.S. 40A:4-53 FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR.” 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. PUBLIC HEARING Ted Dunn, 599 Summit Avenue, stated that the City should not have waited this long to do a revaluation. Philip Roberts, 17 Lodi Street, questioned what the cost of this resolution would be over a five year term. Mr. Roberts also questioned whether or not the City had requested an extension on the original order. Frank Campbell, 111 Catalpa Avenue, questioned whether every property would be revalued. Joan Dunn, 599 Summit Avenue, submitted a flyer which she suggested be offered to residents through the Clerk’s office which had been written by the County and explained the reasons for revaluation. Motion offered by Stein and seconded by Mattei that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 8-2004 ENTITLED: "AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION N.J.S. 40A:4-53 FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR.” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #253 OFFERED BY: MATTEI SECONDED BY: TRAMMELL CAPITAL BUDGET AMENDMENT Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #254 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 refund for the reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $1,486.00 140 11 Wilson, Beverley E. Brown 2003 ERR PMT 1,007.00 570 27,C0007 Eleby, Cynthia 2003 “ “ 871.49 238 5,C003B Washington Mutual Home Loans, Inc. 2002 “ “ 1,345.00 127 8 Kennedy, Martin A. & Margaret 2003 “ “ 1,240.60 341 8,C004D Roth, Andrew & Cheryl 2004 “ “ $10.00 refund to Stacey Eastman, 12 Linabary Lane, Chester, NJ for a payment made in error for a Certified Property List. $50.00 refund to Taliah West, 101 Prospect Avenue, #6G, for the Hackensack Youth Track program. $230.00 refund to Fatima Brown, 81 Vreeland Avenue for Summer Playground Registration. Child was unable to attend due to Summer School requirement. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #255 OFFERED BY: MATTEI 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 did exist when sanitary sewer lines collapsed on First and Stanley Streets and Second Street and American Legion Way; and WHEREAS, the Project Manager notified 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 restore the aforementioned sewer line to full operation; and WHEREAS, the cost of the repair was $13,161.89, 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.#140863;  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, Zisa RESOLUTION #256 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, R.S.40:2-35 provides that monies held in any separate fund shall be treated as monies held in trust and shall not be diverted to any other purpose. NOW, THEREFORE, BE IT RESOLVED that the following banks be made the depositories for various accounts effective immediately: Bank of New York Chase Bank City National Bank of NJ Commerce Bank Lakeland Bank/Community State Bank Wachovia/First Union Bank of America/Fleet Bank/Summit Bank Hudson United Bank Interchange Bank/Bridge View Bank MBIA Class Program New Jersey Cash Management New Jersey Asset & Rebate Management Program PNC Bank Trust Company of New Jersey Valley National Bank BE IT FURTHER RESOLVED that the Custodian shall be Louis J. Garbaccio and that all disbursements shall be made by checks signed by Mayor John F. Zisa, Treasurer Louis J. Garbaccio and City Clerk Debra Heck or in her absence Chief Financial Officer Louis J. Garbaccio. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #257 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 9-2004 ENTITLED: AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK. BE IT RESOLVED that the above ordinance, being Ordinance No. 9-2004 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held October 4th, 2004 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 #258 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 10-2004 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS FOR THE CITY OF HACKENSACK AND APPROPRIATING $1,312,500, THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $1,250,000 IN GENERAL IMPROVEMENT BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE SAME. BE IT RESOLVED that the above ordinance, being Ordinance No. 10-2004 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held October 4th, 2004 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 #259 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, pursuant to an advertisement in The Record, bids for Remove and Replace Catch Basins within the City of Hackensack, were to be received on September 1, 2004; and WHEREAS, five bids were received; WHEREAS, the submission of the low bidder did not contain all the required information and the next bidder was substantially higher; and WHEREAS, the Director of Purchasing recommends that all bids be rejected and readvertised; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council rejects all bids for the Remove and Replace Catch Basins within the City of Hackensack and authorize the Director of Purchasing to readvertise for bids. RESOLUTION #260 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, bids were advertised to be received on September 1, 2004 for Emergency Storm and Sanitary Sewer Repairs for the City of Hackensack; and WHEREAS, bids were received from Colonelli Brothers, Inc., Montana Construction Corp., Inc., and New Prince Concrete Construction Company, Inc.; and WHEREAS, after review of all of the bids submitted by the Project Manager, it is his opinion that all bids be rejected because of high costs and additions to the specifications; NOW, THEREFORE, BE IT RESOLVED that all bids be rejected and the Director of Purchasing is authorized to rebid the bid for Emergency Storm and Sanitary Sewer Repairs for the City of Hackensack. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #261 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, an ordinance has been adopted creating a special emergency appropriation of $1,000,000.00 to meet certain extraordinary expense to be incurred for preparation and execution of a complete program of revaluation of real property for the use of the local assessor and no provision was made in the 2004 budget for the aforesaid purpose, and N.J.S.A. 40A:4-53 provides for the creation of a special emergency appropriation for the purpose above mentioned; and NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A4-48, and 40A:4-53: 1. A special emergency appropriation be and the same is hereby made for Revaluation of Real Property, $1,000,000.00. 2. Total amount of the contract per ordinance number 8-2004 is for $1,000,000.00 and the City of Hackensack hereby requests that an exclusion from the 3.5% “CAP” be granted by the Director of the Division of Local Government Services in accordance with P.L. 1981 Chapter 56 in the amount of $200,000.00 per year in the budgets of the next five succeeding years commencing with the budget of 2005 in accordance with 40A:4-55(c). 3. That two certified copies of this resolution be filed with the Director of Local Government Services. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #262 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, pursuant to N.J.A.C. 5:23-4.5A, the City of Hackensack advertised for, and on July 19, 2004, received bids for the provision of State-authorized on-site elevator subcode inspection services; and WHEREAS, one (1) bid was received from Municipal Inspection Corporation, 183 West Fourth Street, Bayonne, NJ 07002; and WHEREAS, in compliance with the regulations adopted by the New Jersey Department of Community Affairs, the Construction Official of the City of Hackensack has determined that Municipal Inspection Corporation, 183 West Fourth Street, Bayonne, NJ 07002, is qualified to effectively enforce the Elevator Subcode for the City of Hackensack in accordance with the performance standards set forth in the Bid Specification promulgated by the City of Hackensack; and WHEREAS, Municipal Inspection Corporation has submitted a bid agreeing to perform the necessary services for the City of Hackensack for a fee based upon ninety-five percent (95%)of the fee schedule established by N.J.A.C.5:23-4.20.  NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby are authorized to execute a contract with Municipal Inspection Corporation, 183 West Fourth Street, Bayonne, NJ 07002, to perform the afore-described services for a period of three (3) years; and BE IT FURTHER RESOLVED that the City Clerk publish a Notice of this action once in The Record, and upon execution, retain a copy of the contract for public inspection. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #263 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Mr. Gerald Anthony has presented to United Water New Jersey an application for an extension to its distributing system running in So. Lake Drive, Hackensack, New Jersey and consisting of 200 feet of 6-inch pipe. NOW, THEREFORE, BE IT RESOLVED that the said extension, be made and the same is approved. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #264 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack wishes to purchase playground equipment from an authorized vendor of the State of New Jersey Cooperative Purchasing Program 1-NJCP; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S.A. 40A: 11-12; and WHEREAS, Boyce Associates, P.O. Box 885, Trexlertown, PA 18087 has been awarded the New Jersey State Contract #A59064 for playground equipment; and WHEREAS, the Recreation Department recommends and the Director of Purchasing concurs the utilization of this contract on the grounds that Boyce Associates represents the best price available; WHEREAS, the actual costs for this purchase of playground equipment is expected not to exceed $56,846.82; and WHEREAS, the Chief Financial Officer has certified the availability of funds for this purchase; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that Boyce Associates be awarded the contract for the purchase of playground equipment. Purchase Order #140741. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #265 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack requires the services of a Web-Site designer; and  WHEREAS, such professional services will be rendered or performed 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 City Council to engage the services of Qscend Technologies, 231 Bank Street, Waterbury, Connecticut 06702, to perform these services; and WHEREAS, a certificate establishing that funds are available from account #4-10-207-227 of the Current Fund, Purchase Order #140967 in the amount of $9,000.00 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 City Council of the City of Hackensack that: 1. The Mayor and City Clerk be and are hereby authorized and directed to execute a contract with Qscend Technologies for the Web-site design consistent with a written proposal submitted to 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 provide 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, upon execution, for public inspection and to publish a notice of this action in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #266 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, bids were received on September 14, 2004 for the purchase of one new ambulance for the City of Hackensack Fire Department; and WHEREAS, one bid was received from Bay Head Investments, Inc; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the contract for the purchase of one new ambulance be awarded to Bay Head Investments, 45 Cross Keys Road, Berlin, New Jersey 08009 for the contract price of $149,758.50; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account X-50-V05-001 of the Capital Fund. Purchase Order #140960 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #267 OFFERED BY: TRAMMELL SECONDED BY: MATTEI  WHEREAS, the City of Hackensack requires the services of an engineer in connection with the personnel training and the Development of Standard Operating Procedures for Court and Anderson Streets Combined Sewer overflow Screening Facilities in connection with the operation of the City’s Combined Sewer System; 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 bidding and the contract must be available for public inspection; and WHEREAS, it is the desire of the Mayor and Council to retain the services of Red Oak Consulting (a Division of Malcolm Pirnie), 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to perform such engineering services; and WHEREAS, a certificate establishing that funds are available from Account #X-50-M05-001 of the Capital Fund in the amount of $37,700.00, P.O. No. 140977 has been issued by the Chief Financial Officer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that: 1) The Mayor and City Clerk be and are hereby authorized and directed to execute a contract with Red Oak Consulting (a division of Malcolm Pirnie) for the performance of the aforedescribed engineering services; 2) This contract is awarded without competitive bidding as a Professional Service in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i)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, upon execution, for public inspection and to publish notice of this action once in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #268 OFFERED BY: STEIN SECONDED BY: TRAMMELL 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 $1,945,948.39 Capital Account 3,098.75 Public Parking System Account 5,909.45 Payroll Agency Account 117,530.69  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 Mrs. Heck advised the Mayor that the docket was completed. The Mayor thanked her and asked the Council if they had anything to report. They did not. The Mayor opened the meeting to the public for discussion of City business. Joseph Friedman, 245 Prospect Avenue, asked how long the revaluation would take and the Mayor indicated approximately eight months. Eric Martindale, 100 Second Street, raised a question on the format of the docket and requested that ordinances contain a brief explanation of same. Ted Dunn, 599 Summit Avenue, questioned the amount of the bond ordinance for the revaluation and also stated that a meeting of the Zoning Board had been scheduled for the first night of Rosh Hashanah. Mr. Dunn felt that it was inappropriate for the City to operate on that night. The Mayor agreed that meetings should not be scheduled on religious holidays, however he stated that this had been an error. Ron Yuhas, of the Salvation Army was present to ask when a resolution endorsing CDBG grants would be passed. Frank Campbell, 111 Catalpa Avenue, questioned the status of the drainage problem on River Street. Mr. Capone stated that a meeting will be held on Thursday with County officials to discuss same. Mr. Campbell also questioned whether the individuals conducting the revaluation would alert City officials if they view housing violations and whether or not they would be carrying identification. Mayor Zisa addressed his concerns. Joan Dunn, 599 Summit Avenue, questioned what would happen if the City continued to resist and ignore the order to conduct a revaluation. Philip Roberts, 17 Lodi Street, stated that he wanted to validate his position with reference to non-profit organizations taking property in Hackensack and raised questions with reference to various matters including the Goldberg property, property on Essex Street, the purchase of an ambulance and again asked the council to consider passing a resolution to ask the County to move their offices to Paramus. Peter Egerow, 361 Taylor Avenue, asked whether there is a method for how the revaluation will take place and the Mayor indicated that a number of inspectors will be sent out but there are no plans at the present time regarding which side of the City they would start first and that there is no advantage and/or disadvantage for being first or last. Mr. Capone stated that mailings will be sent out and information will be placed on the web site. As no one else wished to be heard, a motion was made by Councilman Mattei and seconded by Deputy Mayor Galvis that the meeting be adjourned. (Carried 9:50 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR JESUS R. GALVIS ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ _ COUNCILMAN ROGER B. MATTEI ___________________________ COUNCILMAN MARK A. STEIN ATTEST:_______________________ CITY CLERK