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 20th, 2003 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 – Mayor John F. Zisa, Deputy Mayor Roger B. Mattei, Councilwoman Juanita Trammell, Councilmen Mark A. Stein and Jesus R. Galvis, 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 October 7, 2003.
Motion offered by Councilwoman Trammell and seconded by Councilman Stein that the minutes be approved as submitted. Carried.
RESOLUTION #295 OFFERED BY: TRAMMELL SECONDED BY: MATTEI
FINAL ADOPTION OF ORDINANCE NO. 11-2003 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE IMPROVEMENT OF GREEN STREET IN THE CITY OF HACKENSACK AND APPROPRIATING $162,750 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $155,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE 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 and seconded by Trammell that there be a public hearing. Carried.
PUBLIC HEARING
Motion offered by Mattei and seconded by Galvis 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. 11-2003 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE IMPROVEMENT OF GREEN STREET IN THE CITY OF HACKENSACK AND APPROPRIATING $162,750 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $155,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE SAME pass its second and final reading and is hereby adopted.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #296 OFFERED BY: STEIN SECONDED BY: TRAMMELL
FINAL ADOPTION OF ORDINANCE NO. 18-2003 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR VARIOUS STREET IMPROVEMENTS IN THE CITY OF HACKENSACK AND APPROPRIATING $620,000 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $590,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE 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 Galvis and seconded by Stein that there be a public hearing. Carried.
PUBLIC HEARING
Motion offered by Mattei and seconded by Galvis 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. 18-2003 ENTITLED: AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR VARIOUS STREET IMPROVEMENTS IN THE CITY OF HACKENSACK AND APPROPRIATING $620,000 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $590,000 IN BONDS OR NOTES OF THE CITY OF HACKENSACK TO FINANCE THE SAME pass its second and final reading and is hereby adopted.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #297 OFFERED BY: TRAMMELL SECONDED BY: STEIN
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, the North Jersey Medical Management Services, LLC, affiliated with the 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 North Jersey Medical Management Services to perform services for the period effective October 1, 2003 through September 30, 2004.
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. 3-10-291-284 in an amount not to exceed $8,220.00 of the Current Fund. Purchase Order No. 136542.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #298 OFFERED BY: MATTEI SECONDED BY: GALVIS
WHEREAS, it is the desire of the Mayor and City Council of the City of Hackensack to engage the architectural services of Arcari & Iovino Architects, P.C., One Katherine Street, Little Ferry, New Jersey 07643, to review the plans and design for ADA compliance of the City Hall elevator project to satisfy the Community Development Block Grant reimbursement requirements; and
WHEREAS, said professional services shall be in accordance with a draft proposal dated September 23, 2003 and revised October 3, 2003 in an amount not to exceed $3,000.00; and
WHEREAS, said services are exempt from public bidding as they are to be performed by a person authorized by law to practice a recognized profession and as such are professional services as that term is defined by N.J.S.A. 40A:11-2(6) of the Local Public Contracts Law; and
WHEREAS, the Chief Financial Officer has certified that funds are available in Account Number X-50-P11-001 of the General Capital Fund, Purchase Order #136615;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute the letter proposal with Arcari & Iovino Architects, P.C. for the performance of the aforesaid professional services; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain a copy of the executed letter proposal on file and available for public inspection and to publish a notice of this action once in The Record.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION: 299 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
$1,758.70 78 59 Lodi Hackensack Assoc 2003 STB
5,019.56 95 1 KRF Development LLC 2001 STB
5,261.62 95 1 “ “ “ 2002 STB
5,478.20 95 1 “ “ “ 2003 STB
2,326.38 504A 14C Hackensack Industrial
& Zipp & Tannenbaum
Attorney Trust Fund 1999 STB
10,802.96 504A 14G “ “ “ “ 1999 STB
3,861.00 504A 14C Nashel Kates Nussman
Rapone Ellis & Traum 2000 STB
12,226.50 504A 14G “ “ “ “ 2000 STB
3,900.60 504A 14C “ “ “ “ 2001 STB
12,351.90 504A 14G “ “ “ “ 2001 STB
4,088.70 504A 14C “ “ “ “ 2002 STB
12,947.55 504A 14G “ “ “ “ 2002 STB
3,900.00 504A 14N “ “ “ “ 2000 STB
3,940.00 504A 14N “ “ “ “ 2001 STB
1,147.81 429 40 Menesses, Arturo 2003 ERRPMT
1,721.20 592 7 Simpson, Patricia
Killeen 2003 “ “
1,670.50 20 62 Rosero, Sandra & John 2003 “ “
1,604.90 338 24 GMAC Mortgage 2003 “ “
$60.00 to Denise McLean, Coldwell Banker-Teaneck, 1020 Teaneck Road, Teaneck, NJ for overpayment on smoke detector inspections at 397 Hudson Street.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #300 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, the Hackensack Public Works/Sanitation employees, represented by Teamsters Local #560, has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract; and
WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract;
NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with Teamsters Local #560, for the period January 1, 2003 through December 31, 2007.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #301 OFFERED BY: MATTEI SECONDED BY: STEIN
WHEREAS, the Hackensack Public Works Supervisors, represented by Teamsters Local #560, has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract; and
WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract;
NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with Teamsters Local #560, for the period January 1, 2003 through December 31, 2007.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #302 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, the State of New Jersey implemented a program known as the “Property Tax Reimbursement Program” for homeowners, age 65 or older or receiving Federal Social Security disability benefits, for property tax relief on their principal residence; and
WHEREAS, the program offered property tax relief in the form of state reimbursement of the difference between the amount of property taxes paid in the base year and the amount paid in the application year; and
WHEREAS, many citizens filed for this program in 2001 and 2002 with the knowledge they would receive their reimbursement for the base year and every succeeding year; and
WHEREAS, without previously informing municipalities or citizens, the State adopted their budget without the proper funding in place to support the program and informed citizens by receiving their checks with the following message: “The State Annual Budget established restrictions on these benefits by limiting payments in this year to a maximum of what was paid for last year”; and
WHEREAS, the action seriously impacts the citizens of the City of Hackensack who are experiencing a significant tax increase and are depending on receiving this reimbursement from the State of New Jersey.
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack, County of Bergen and State of New Jersey, do hereby strongly oppose this action and call for an amendment to the State’s budget to include this relief.
BE IT FURTHER RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and Municipal Clerk affix their signatures hereto and forward a copy of this resolution to Governor McGreevey.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #303 OFFERED BY: STEIN SECONDED BY: GALVIS
WHEREAS, N.J.S. 40A4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount, and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2003 in the sum of $6,000.00, which was received from Clinton D. Carlough & Grace A. Carlough Charity Trust in the amount of $6,000.00.
BE IT FURTHER RESOLVED, that the like sum of $6,000.00 is hereby appropriated under the caption of Carlough Foundation Donation, Fire Other Expenses; and
BE IT FURTHER RESOLVED, that the above is the result of funds that were received from Clinton D. Carlough and Grace A. Carlough Charity Trust in the amount of 6,000.00.
BE IT FURTHER RESOLVED, that the City clerk forward two copies of this resolution of the director of Local Government Services.
Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #304 OFFERED BY: MATTEI SECONDED BY: GALVIS