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. 112003 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 FINAL ADOPTION OFFERED BY: OF STEIN ORDINANCE NO. SECONDED BY: TRAMMELL 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. 182003 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 $1,758.70 5,019.56 5,261.62 5,478.20 2,326.38 78 95 95 95 504A 59 1 1 1 14C 10,802.96 3,861.00 504A 504A 14G 14C 12,226.50 3,900.60 12,351.90 4,088.70 12,947.55 504A 504A 504A 504A 504A 14G 14C 14G 14C 14G NAME Lodi Hackensack Assoc KRF Development LLC “ “ “ “ “ “ Hackensack Industrial & Zipp & Tannenbaum Attorney Trust Fund “ “ “ “ Nashel Kates Nussman Rapone Ellis & Traum “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ YEAR REASON 2003 2001 2002 2003 STB STB STB STB 1999 1999 STB STB 2000 2000 2001 2001 2002 2002 STB STB STB STB STB STB 3,900.00 3,940.00 1,147.81 1,721.20 504A 504A 429 592 14N 14N 40 7 1,670.50 1,604.90 20 338 62 24 “ “ “ “ “ “ “ “ Menesses, Arturo Simpson, Patricia Killeen Rosero, Sandra & John GMAC Mortgage 2000 2001 2003 2003 2003 2003 STB STB ERRPMT “ “ “ “ “ “ $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: RESOLUTION #301 Ayes – Mattei, Galvis, Trammell, Stein, Zisa 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: RESOLUTION #302 Ayes – Mattei, Galvis, Trammell, Stein, Zisa 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: RESOLUTION #303 Ayes – Mattei, Galvis, Trammell, Stein, Zisa 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: RESOLUTION #304 Ayes – Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: MATTEI 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 additional item of revenue in the budget of the year 2003 in the sum of $10,477.00, which is now available from the State of New Jersey Department of Health and Senior Services for Public Health Priority Funding in the amount of $10,477.00. BE IT FURTHER RESOLVED, that the like sum of $10,477.00 is hereby additionally appropriated under the caption of Public Health Priority Funding 1977 Other Expenses; and BE IT FURTHER RESOLVED, that the above is the result of additional funds from the State of New Jersey Department of Health and Senior Services for Public Health Priority Funding in the amount of $10,477.00. BE IT FURTHER RESOLVED, that the City clerk forward two copies of this resolution of the director of Local Government Services. Roll Call: RESOLUTION #305 Ayes – Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, a Bergen County Community Development Grant has been proposed by the following: $ 13,000.00 – ARC of Bergen and Passaic Counties for an independent living and family support program; and $ 44,595.00 ARC of Bergen and Passaic Counties for a packaging system; and $130,000.00 – Bergen County Community Action Program for the homeless shelter; and 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 #306 OFFERED BY: MATTEI SECONDED BY: GALVIS 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 Capital Account Public Parking System Account Public Assistance I Account Trust Account Payroll Agency Account $9,486,409.82 295,721.93 8,814.13 250.00 106,136.00 110,741.29 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: RESOLUTION #307 Ayes – Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the Martin Luther King, Jr., Senior Center Inc., 120 Atlantic Street, Hackensack, New Jersey 07601, has submitted two (2) Community Development Block Grant Applications to the Bergen County Division of Community Development as follows: 1. $250,000.00 for the development of a project to be located at 212 High Street, Hackensack, New Jersey, to be known as “The Martin Luther King, Jr. Senior Center & Housing”; 2. $639,120.00 (“Home” Grant) for the same project; and WHEREAS, pursuant to the State Interlocal Services Act, and the practices of the Bergen County Division of Community Development, such funds may not be spent in a municipality nor are such grant applications processed absent authorization by the governing body of the municipality; and WHEREAS, the applicant perceives that the project is in the best interest of the people of Bergen County; and WHEREAS, this Resolution does not obligate the financial resources of the City of Hackensack and is intended solely to expedite the processing of the application; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council hereby confirms the endorsement of the processing of the aforedescribed grant application; 2. This endorsement is not intended, nor shall it be interpreted to express endorsement or support of any future land use applications that the applicant may make in connection with the proposed project. 3. This endorsement shall not be interpreted as an opinion or belief of the legal propriety of the project, as described in the application provided by the applicant to the City of Hackensack. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa Ms. D’Auria advised the Mayor that the docket was completed. The Mayor thanked her and asked the City Manager and the members of the Council if they had anything to report. They did not. The Mayor advised that he had been under the impression that members of our Latino community would be here this evening to receive a Proclamation which had been prepared recognizing that this is National Hispanic Month and Councilman Galvis thanked the Mayor and Council on behalf of the Latino community of Hackensack for the Proclamation. The Mayor opened the meeting to the public for discussion of City business. Mark Reynolds, 253 Parker Avenue, stated that he is the VicePresident of the Hackensack Junior Soccer Association and thanked the Mayor and Council for their on-going dedication to the sport of soccer. Mayor Zisa advised Mr. Reynolds that he should be very excited about the newest field and acknowledged that soccer is one of the fastest growing sports in this area of the country. As no one wished to be heard, a motion was made by Deputy Mayor Mattei and seconded by Councilwoman Trammell that the meeting be adjourned. (Carried 8:25 p.m.) __________________________ MAYOR JOHN F. ZISA _____________________________ DEPUTY MAYOR ROGER MATTEI ____________________________ COUNCILWOMAN JUANITA TRAMMELL ____________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN MARK A. STEIN ATTEST:_______________________ ACTING CITY CLERK