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, October 18th, 2004 at 8:00 P.M. Mayor Zisa called the meeting to order and asked everyone to stand for the flag salute and to remain standing for a moment of silence in honor of Carmela Pavlick, former Councilwoman. The Mayor then asked Mrs. Heck to call the roll. Present – Mayor John F. Zisa, Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Trammell, Councilmen Mark A. Stein and Roger B. Mattei, 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 October 4th, 2004. Motion offered by Stein and seconded by Trammell that the minutes be approved as submitted. Carried. RESOLUTION #279 OFFERED BY: STEIN SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE NO. 11-2004 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AUTHORIZING THE ACQUISITION OF LOT 24 IN BLOCK 315, ALSO KNOWN AS 271-273 MAIN STREET, IN THE CITY OF HACKENSACK, BY THE CITY OF HACKENSACK. BE IT RESOLVED that the above ordinance, being Ordinance No. 11-2004 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held November 1, 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 Abstain – Zisa RESOLUTION #280 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack requires the services of a generator design for DPW building located at 120 East Broadway, Hackensack, New Jersey 07601; 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 T&M Associates, Eleven Tindall Road, Middletown, New Jersey 07748-2792, to perform these services; and WHEREAS, a certificate establishing that funds are available from Account Number X-50-V05-010 of the Capital Fund, Purchase Order #141240 in the amount of $17,800.00 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: 1. The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with T&M Associates for a generator design for the DPW building in 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 Contract 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, 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 #281 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, a Bergen County Community Development grant of $300,000 has been proposed by the Mayor and City Council for Hudson Street Streetscape Phase II in the municipality of Hackensack; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of the City of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirm endorsement of the aforesaid project; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa  Abstain - Galvis RESOLUTION #282 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, a Bergen County Community Development grant of $60,000 has been proposed by the Mayor and City Council for an Economic Development Director in the municipality of Hackensack; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of the City of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirm endorsement of the aforesaid project; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. Roll Call: Ayes – Galvis, Mattei, Trammell, Stein, Zisa RESOLUTION #283 OFFERED BY: TRAMMELL 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 $10,325.00 28 23 Struble Ragno Attorney Trust Acct. 2002 STB 12,900.00 28 23 “ “ “ 2003 STB 13,440.00 28 23 “ “ “ 2004 STB 1,970.00 443 19 Zipp & Tannenbaum LLC, Atty Trust Fund & Marilyn Manor 2001 STB 1,302.00 539 10,C00A3 Washington Mutual Home Loans 2003 ERR PMT $100. refund to Jeanette Valle, 561 Prospect Avenue, for Junior Cheerleading Program which her child will not be attending. $275.00 refund to Mayra Huches, 307 Barr Avenue, Teaneck, for a prepaid parking space fee, which she will no longer be needing. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #284 OFFERED BY: STEIN SECONDED BY: GALVIS 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 occurred when a sanitary sewer collapsed on Pink Street and South Main Street and Hoffman Street and South Main Street were rendered inoperable; 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 repairs $11,496.79, 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, Purchase Order #141226; 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 #285 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the City of Hackensack requires the services of a Professional Engineering design and limited construction monitoring services for the Johnson Free Public Library, Hackensack, New Jersey, 07601; 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 the N.J.S.A. 40A: 11-5 (i)(a)(i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Shine Engineering, P.A., 23 Morris Avenue, Montville, New Jersey 07045, to perform these services; and WHEREAS, a certification establishing that funds are available from Account #X-50-V05-002, of the Capital Fund, P.O.#141287 in the amount of $6,300.00 has been issued by the Chief Financial Officer; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contract 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 Shine Engineering, P.A., for a Professional Engineering design and limited construction monitoring services for the Johnson Free Public Library in the City of Hackensack.  2. This contract is awarded without competitive bidding as a professional service in accordance with NJSA 40A: 11-5 (i)(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, 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 #286 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a Professional design for the entrance of the Johnson Free Public Library, Hackensack, New Jersey, 07601; 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 the N.J.S.A. 40A: 11-5 (i)(a)(i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Arcari and Iovino, Architects, Inc., One Katherine Street, Little Ferry, New Jersey, 07643, to perform these services; and WHEREAS, a certification establishing that funds are available from Account #X-50-V05-002, of the Capital Fund, P.O.#141288 in the amount of $24,000.00 has been issued by the Chief Financial Officer; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contract 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 Arcari and Iovino Architects, Inc., for a Professional design for the entrance of the Johnson Free Public Library in the City of Hackensack. 2. This contract is awarded without competitive bidding as a professional service in accordance with NJSA 40A: 11-5 (i)(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, 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 #287 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, on May 18, 2004 bids were received for Pothole Repairing within the City of Hackensack; and WHEREAS, the bid specifications asked for bids for one week of repairing with the option of two weeks and three weeks; and WHEREAS, Resolution #143 dated June 7, 2004 awarded a contract for one week of Pothole Repairing to Montana Construction Corporation at a contract price of $8,949.99; and WHEREAS, it is the desire of the Superintendent of Public Works to exercise option #2, increasing the contract by a second week in the amount of $8,949.93; NOW, THEREFORE, BE IT RESOLVED that the Chief Financial Officer has certified that funds are available in account #4-10- 425-234 of the Current Fund; BE IT FURTHER RESOLVED by the City Council of the City of Hackensack that the contract for Pothole Repairing be extended by one week to Montana Construction Corporation, 80 Contant Avenue, Lodi, New Jersey, 07644 to a total amount of $17,899.98. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #288 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Maureen L. de la Bruyere, Clerk Typist, has requested a Leave of Absence without pay under the Family Leave Act for four weeks for personal and medical reasons; and WHEREAS, City Manager Peter J. Capone has determined that this employee be granted a four (4) week Leave of Absence, commencing September 29, 2004 and terminating October 25, 2004. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Maureen L. de la Bruyere, Clerk Typist, be granted a four (4) week 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 #289 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the United States Department of Transportation, Federal Highway Administration regulations requires that all City employees required to possess a Commercial Driver's License to operate City vehicles shall be subject to periodic and random alcohol and controlled substance testing effective 1995; and WHEREAS, these regulations stipulate that a City employee testing positive shall receive professional counseling by a Substance Abuse Professional at the direction of a Medical Review Officer; and  WHEREAS, HealthWise at Hackensack University Medical Center offers an Employee Assistance program specifically designed to address substance abuse problems at a fixed annual fee not to exceed $8,220.00 per annum; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing the award of contracts for "professional services" without competitive bidding, and the contract itself must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with HealthWise to perform services for the period effective October 1, 2004 through September 30, 2005. 2. That this contract is awarded without competitive bidding as a "professional service" in accordance with N.J.S.A. 40A:11-5-(1) of the Local Public Contracts law because same is expressly excluded from competitive bidding and without public advertising for bids as an authorized exception. 3. That a notice of this resolution be published once in The Record; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 4-10-291-284 in an amount not to exceed $8,220.00 of the Current Fund. P. O. #141310. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #290 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, a Bergen County Community Development Grant has been proposed by the following: $ 13,000.00 – ARC of Bergen & Passaic Counties for their Independent Living and Family Support Program $ 30,000.00 – Bergen County Division of Family Guidance for a youth worker and youth counselor for their Sojourner’s Program 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 projects 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 confirm endorsement of the aforesaid projects; 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 RESOLUTION #291 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA:1743 – Holy Trinity School RA:1744 – Immaculate Conception Church RA:1745 – Holy Trinity School Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #292 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 $2,635,373.95 Capital Account 363,944.59 Public Parking System Account 7,466.87 Trust Account 17,902.00 Payroll Agency Account 124,899.42 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 abstained from voting on check #039175 RESOLUTION #293 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-062-005 heretofore issued to Greenfield Churrascaria, Inc., 450 Hackensack Avenue, Hackensack, NJ, be transferred to Green Grill, 450 Hackensack Avenue, Hackensack, New Jersey, effective October 18, 2004; and BE IT FURTHER RESOLVED that the applicant has complied with Sub-Chapter 7 of the New Jersey Administrative Code. 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 reminded those present that absentee ballot applications are available in the City Clerk’s Office. The Mayor opened the meeting to the public for discussion of City business. Larry Eisen, 390 Maple Hill Drive, again voiced his displeasure with treatment he had received from George DiMassino. Larry Riley, 47 Prospect Avenue, stated that there is much confusion regarding the cancelled flu shot clinic. Philip Roberts, 17 Lodi Street, suggested that a health service provider be present tomorrow at the location which had previously been designated for flu shots. He also questioned whether the City had come to an agreement with reference to the Main Street property and Mr. Salkin advised him that an agreement had not been reached, therefore a resolution was passed authorizing condemnation of the property if necessary. Mr. Roberts also questioned the resolution which was passed this evening pertaining to the extension of the pothole repair contract and asked why the DPW does not make these repairs. Frank Campbell, 111 Catalpa Avenue, stated that Spring Valley Avenue is atrocious and questioned if it is on the list of streets to be repaired. He also stated that speed limit signs are not regularly posted on Spring Valley Avenue and cars are speeding. The Mayor stated that he will have Mr. Capone bring this to the attention of the Police Department. Mr. Campbell also stated that the signage is not correct on Spring Valley Avenue and that there should be standard painting of cross walks and standard curbs in the City. As no one else wished to be heard, a motion was made by Councilman Stein and seconded by Deputy Mayor Galvis that the meeting be adjourned. (Carried 8:45 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