The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, September 7th, 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 August 16th, 2004.

Motion offered by Stein and seconded by Trammell that the minutes be approved as submitted. Carried.

RESOLUTION #227 OFFERED BY: TRAMMELL SECONDED BY: MATTEI

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

$2,887.98 435 1,C0S6H Costopoulos, Nancy 2003 ERR PMT

997.00 435 42,C0203 Doyle, John Jr 2004 “ “

11,131.53 504A 14C Saul A Wolfe, Esq &

Hackensack Industrial

Center Assoc 1995 STB

11,434.20 504A 14C “ “ “ 1996 “

33,805.03 504A 14G “ “ “ 1995 “

9,615.20 504A 14G “ “ “ 1996 “

480.42 504A 14B Saul A Wolfe, Esq &

Industrial Assoc 1994 “

506.43 504A 14B “ “ “ “ 1995 “

1,962.50 504A 14H “ “ “ “ 1994 “

2,068.75 504A 14H “ “ “ “ 1995 “

3,140.00 504A 14N “ “ “ “ 1994 “

3,310.00 504A 14N “ “ “ “ 1995 “

520.20 504A 14B Saul A Wolfe, Esq &

Hackensack Industrial

Center Assoc 1996 “

2,125.00 504A 14H “ “ “ 1996 “

3,400.00 504A 14N Saul A Wolfe, Esq &

Industrial Land Assoc 1996 “

3,680.00 504A 14N “ “ “ 1997 “

3,720.00 504A 14N “ “ “ 1998 “

1,718.00 569 16 Vajda, George 2004 ERR PMT

1,434.44 550 13A Morrissey, Craig R. 2004 “ “

1,648.50 565 24A Washington Mutual Home

Loans, Inc. 2003 “ “

2,194.60 341 12,C007E Nirenberg, Jonathan I 2003 “ “

2,112.01 341 12,C007E “ “ 2004 “ “

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #228 OFFERED BY: STEIN SECONDED BY: MATTEI

WHEREAS, the City of Hackensack has received funds from the New Jersey Department of Transportation for improvement of Church Street/Moore Street from Court Street to East Mercer Street in the City of Hackensack; and

WHEREAS, the agreement executed between the City of Hackensack and the New Jersey Department of Transportation set a date of December 18, 2001 for the award of a contract for this project; and

WHEREAS, the City has previously requested and received from the New Jersey Department of Transportation an extension of time for the award of a contract on this project to August 31, 2004; and

WHEREAS, due to the replacement of the New York Susquehanna and Western Railroad Bridge over River Street, where Moore Street served as a primary detour route for River Street traffic as well as an access route for construction vehicles it was not practical to undertake any road improvements until that project was complete; and

WHEREAS, the City has received notification from the New Jersey Department of Transportation that they have received funding for the Moore Street Phase II Improvement covering the remainder of the roadway between East Mercer Street and Camden Street; and

WHEREAS, the City of Hackensack feels that it would be in the best interest of the Municipality to undertake the entire roadway improvement as a single project; and

WHEREAS, the City of Hackensack has received approval from the NJDOT to combine Phase I and Phase II; and

WHEREAS, due to funding issues the City will not be in a position to award a contract for the Phase II portion of the project by the December 18, 2004 date in the grant agreement executed for that project,

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that they hereby request from the New Jersey Department of Transportation an extension of time for the award of a contract on said projects to December 31, 2005.

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #229 OFFERED BY: GALVIS SECONDED BY: TRAMMELL

WHEREAS, the City of Hackensack has received funds from the New Jersey Department of Transportation for the improvement to Green Street from Essex Street to the Township of South Hackensack border; and

WHEREAS, the agreement executed between the City of Hackensack and the New Jersey Department of Transportation set a date of December 11, 2002 for the award of a contract for this work; and

WHEREAS, due to funding issues the City has requested and received from the New Jersey Department of Transportation an extension of time for the award of a contract on this project to August 31, 2004; and

WHEREAS, although the funding mechanisms for the roadway improvement are now in place, due to issues concerning the existing combined sewer interceptor located on Green Street the City is considering undertaking an independent cleaning and television inspection of this line; and

WHEREAS, the City of Hackensack feels that it would not be in the City’s best interest to undertake a roadway improvement until the cleaning and television inspection work can be completed,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that they hereby request from the New Jersey Department of Transportation, an extension of time for award of a contract on said project to December 31, 2005.

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #230 OFFERED BY: TRAMMELL SECONDED BY: STEIN

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 applications on file in the office of the City Clerk:

RA:1739 – Juvenile Diabetes Research Foundation

RA:1740 – Gilda’s Club - Northern New Jersey

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #231

**T A B L E D**

RESOLUTION #232 OFFERED BY: MATTEI SECONDED BY: TRAMMELL

WHEREAS, the City of Hackensack requires Accounting Services; 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 of the City of Hackensack to retain the services of James S. Lacava, 41 Lenox Road, Wayne, New Jersey 07470, to perform such services; and

WHEREAS, a certificate establishing that funds are available in account 4-10-201-204 of the Current Fund in an amount not to exceed $10,000.00 has been issued by the Chief Financial Officer, Purchase Order Number 140704;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack retain the services of James S. Lacava to perform such services.

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #233 OFFERED BY: TRAMMELL SECONDED BY: STEIN

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 when sewer lines collapsed at Moore Street and Mercer Street, Anderson Street, Park Street and Atlantic Street and Railroad Avenue; and

WHEREAS, the Project Manager of the City of Hackensack has informed 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 lines to full operation; and

WHEREAS, the cost of the repairs totaled $21,554.57, 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# 140294;

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 #234 OFFERED BY: STEIN SECONDED BY: GALVIS

WHEREAS, NJS 40A:4-87 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 thereof was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an appropriation for the equal amount,

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 2004 in the sum of $18,000.00, which is now available as a revenue from New Jersey Division of Highway Traffic Safety, pursuant to the provision of the statute; and

BE IT FURTHER RESOLVED, that the like sum of $18,000.00 is hereby appropriated under the caption Hackensack Pedestrian Safety Education and Enforcement; and

BE IT FURTHER RESOLVED, that the above is a result of a State Grant of $18,000.00 from the New Jersey Division of Highway Traffic Safety.

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #235 OFFERED BY: MATTEI SECONDED BY: TRAMMELL

WHEREAS, NJS 40A:4-87 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 thereof was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an appropriation for the equal amount;

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 2004 in the sum of $5,000.00, which is now available as a revenue from New Jersey Division of Highway Traffic Safety, pursuant to the provision of the statute, and

BE IT FURTHER RESOLVED, that the like sum of $5,000.00 is hereby appropriated under the caption Click It or Ticket Grant; and

BE IT FURTHER RESOLVED, that the above is the result of a State Grant of $5,000.00 from the New Jersey Division of Highway Traffic Safety.

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #236 OFFERED BY: STEIN SECONDED BY: TRAMMELL

WHEREAS, NJ Transit has funds for the purchase of bus shelters throughout the State of New Jersey; and

WHEREAS, the governing body of a municipality in New Jersey or the Board of Chosen Freeholders of a county may apply to the New Jersey Transit Corporation for the purchase and installation of bus shelters at legally designated bus stops; and

WHEREAS, the City of Hackensack, in the interest of promoting public transportation, conservation of energy, traffic safety, and for the convenience of the public, endorses the concept of providing bus shelters within its jurisdiction.

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby made by the City of Hackensack to the New Jersey Transit Corporation for the purchase and installation of 1 bus shelter as set forth in Exhibit A, made a part hereof.

BE IT FURTHER RESOLVED that the Mayor and the City Clerk be authorized to execute an agreement or agreements with NJ Transit to arrange for the purchase and installation of the shelters.

EXHIBIT A

LOCATION SHELTER MEASUREMENTS CODE

LETTER

East Anderson Street NON-CANTILEVER 5’ x 10’ STANDARD

Eastbound,

at River Street,

Mid-block (80’ west)

Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa

RESOLUTION #237 OFFERED BY: GALVIS SECONDED BY: TRAMMELL

WHEREAS, pursuant to an advertisement in The Record, bids were received on June 10, 2004 for the Summer Food Program for the City of Hackensack; and

WHEREAS, one bid was received from Industrial Luncheon, Inc.; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Summer Food Program be awarded to Industrial Luncheon Inc., 310 Lehigh Avenue, Perth Amboy, New Jersey 08861 in the contract amount of $82,139.23; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #4-10-836-219 of the Current Budget. Purchase Order #140097