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, March 17th, 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 – Deputy Mayor Mark A. Stein, Councilwoman Juanita Trammell, Councilman Jesus Galvis, Mayor John F. Zisa, City Attorney Richard E. Salkin, Acting City Clerk Debra A. D’Auria and City Manager James S. Lacava.
Absent – Councilman Roger B. Mattei
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 March 3rd, 2003.
Motion offered by Deputy Mayor Stein and seconded by Councilwoman Trammell that the minutes be approved as submitted. Carried.
RESOLUTION #80 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
$ 6,856.40 440 1.04 Resource Bancshares
Mortgage Group, Inc. 2002 ERR PMT 1,122.22 122 1,C005K Vetsas, Philip 2001 “ “
1,535.00 452 84 Century/Inter County
Title Agency, Inc. 2003 “ “
1,437.15 42 36 Tibabijo, Pedro & Lidia M. 2001 “ “
20,650.00 237 1 Michael I. Schneck, Trustee
for Frontenac Co-Op Owner,
Inc. 2002 STB
1,033.00 443 24,C0046 Zappulla, Alfred 2003 ERR PMT
686.00 428 1,C005G Doherty, James B. &
Susan Crane 2003 ERR PMT
1,457.00 545 20 Jones, Anna C. 2002 “ “
$12.00 to Robert J. Mellvaine, 12 Liberty Road, Marshfield, MA 02050 payment collected in error for birth records.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #81 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, it is the wish of the City of Hackensack to conform with Chapter 119, Laws of 1973, N.J.S.A. 54:4-14 Governing Reg. 18:12A-1.6, which deals with Petition of Appeal; and
WHEREAS, the Bergen County Board of Taxation shall not accept, for filing, any Petitions of Appeal by the taxing district unless the petition is accompanied by a certified copy of a resolution of the governing body authorizing the appeal; and
WHEREAS, upon continuing review of the tax list it may become apparent that inequities may exist or errors may have been made which will require correction by appeal to the Bergen County Board of Taxation.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that they hereby authorize the Tax Collector and/or the City Tax Attorney and/or City Attorney to execute Petition of Appeal by the City of Hackensack to the Bergen County Board of Taxation in any and all cases where inequities or errors may exist for the tax year 2003, and further authorize the Tax Collector and/or City Tax Attorney and/or City Attorney to take any and all actions that may be required to prosecute same to the final determination.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #82 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, the New Jersey State Department of Health requires all local health departments to file an annual report each year; and
WHEREAS, the annual report for calendar year 2002 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the annual report as submitted by the Health Officer be and is hereby approved;
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #83 OFFERED BY: STEIN 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 when a snow storm occurred on February 16-17, 2003; and
WHEREAS, the Superintendent of Public Works of the City of Hackensack notified the City Manager setting forth the circumstances regarding snow removal; and
WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary; and
WHEREAS, the cost for snow plowing and snow removal was $11,602.50, which was a fair and reasonable cost; and
WHEREAS, the Chief Financial Officer has certified that funds are available in Account #3-10-425-204, P.O. #133283 & 133284;
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, Pinto Service, Inc., 95 Route 46 West, Lodi, New Jersey 07644, be paid therefore.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #84 OFFERED BY: GALVIS 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 when a snow storm occurred on February 16-17, 2003; and
WHEREAS, the Superintendent of Public Works of the City of Hackensack notified the City Manager setting forth the circumstances regarding snow removal; and
WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary; and
WHEREAS, the cost for snow plowing and snow removal was $57,810.00, which was a fair and reasonable cost; and
WHEREAS, the Chief Financial Officer has certified that funds are available in Account #3-10-425-204, P.O. #133290;
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, Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey, 07601, be paid therefore.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #85 OFFERED BY: STEIN SECONDED BY: TRAMMELL
BE IT RESOLVED by the City Council of the City of Hackensack that the tax Collector be and is hereby authorized to transfer an overpayment of 2nd quarter 2002 taxes in the amount of $468.00 to unpaid 4th quarter 2002 taxes in the amount of $51.50 and $416.50 to unpaid 1st quarter 2003 taxes as per the property owner, Ulloa, Carlos A.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #86 OFFERED BY: TRAMMELL SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized to transfer an overpayment of $33.50 from 2002 taxes to unpaid 2003 taxes as the property owner, Bina, Frank A & J.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #87 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, it is the intent of the Act to use the grants to develop new municipal recycling programs and to expand existing programs; and
WHEREAS, the New Jersey Department of Environmental Protection is publicizing recycling regulations to implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, such as the keeping of accurate verifiable records of collected materials; and
WHEREAS, Hackensack’s authorization to apply for a tonnage grant will honor its commitment to recycling; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby endorse the submission of the recycling tonnage grant application for the years 2002 – 2003 to the New Jersey Department of Environmental Protection and designates Arthur Koster as the Recycling Coordinator; and
BE IT FURTHER RESOLVED, that the monies received from the recycling tonnage grant be deposited in a trust fund to be used solely for recycling purposes.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #88 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the payment of salaries, snow storm costs, awarding of contracts and payment of utilities and no adequate provision has been made in 2003 Temporary Appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above-mentioned; and
WHEREAS, the total emergency temporary resolutions adopted in the year 2003 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $20,692,200.75;
NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20:
1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $5,334,000.00;
2) That said emergency temporary appropriation will be provided for in the 2003 budget.
3) That one certified copy of this resolution be filed with the Director of Local Government Services.
Current Appropriations
Admin & Exec S/W $ 200,000.00
Financial Admin S/W 60,000.00
Tax Assessor S/W 30,000.00
Tax Collector S/W 35,000.00
Public Bldg/Grds S/W 60,000.00
Utilities 100,000.00
Rent Stabilization Bd S/W 1,500.00
Fire Alarm S/W 14,500.00
Fire Dept S/W 1,650,000.00
Fire Dept O/E 10,000.00
Fire Official S/W 150,000.00
Police S/W 1,500,000.00
School Crossing Guards S/W 100,000.00
Traffic Control S/W 12,500.00
Comm. Operators S/W 51,500.00
EMT’s S/W 71,000.00
EMT’s O/E 5,000.00
Muni Ct, Public Def S/W 6,000.00
Building Inspectors S/W 70,000.00
Inspection of Property S/W 30,000.00
DPW S/W 150,000.00
City Garage S/W 60,000.00
City Garage O/E 10,000.00
Streets & Roads S/W 17,000.00
Snow Removal O/E 50,000.00
Shade Tree O/E 15,000.00
Street Cleaning S/W 20,000.00
Garbage & Trash S/W 60,000.00
Garbage & Trash O/E 50,000.00
Sewer S/W 30,000.00
Health Department S/W 80,000.00
Human Services S/W 40,000.00
Parks & Playgrounds S/W 70,000.00
Recreation Dept S/W 50,000.00
Celebration Public Events O/E 10,000.00
Safe & Secure S/W 15,000.00
Local Law Enf Block Grant O/E 90,000.00
Municipal Court S/W 100,000.00
Capital Improvement O/E 100,000.00
SSS OASI O/E 100,000.00
911 S/W 60,000.00
TOTAL $ 5,334,000.00
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #89 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, the Indian Point Energy Center located in Buchanan, New York, contains two active nuclear reactors; and
WHEREAS, every Bergen County resident lives within fifty miles of Indian Point; and
WHEREAS, a mishap at these reactors, whether a result of intentional or unintentional means poses an immediate significant threat to Bergen County residents living within twenty miles of the plant; and
WHEREAS, New York Governor George Pataki commissioned a report in August, 2002, to be prepared by James Lee Witt, former head of the Federal Emergency Management Agency, to study the official regional evacuation plans; and
WHEREAS, on January 10, 2003, the Witt report, released to the public, found that Indian Point is unprepared for a nuclear emergency or a terrorist attack, criticizing the regional evacuation plans, the planning process, equipment, the ability to handle modern terrorist scenarios and the size of the areas that would be affected by a successful attack; and
WHEREAS, the report clearly states that the evacuation plans are unrealistic and seem designed to meet specific regulatory requirements, rather than effectively protect a population; and
WHEREAS, as recently as March 5th, 2003, the Nuclear Regulatory Commission formally noted that, while safety procedures at Indian Point have improved, additional improvements need to be made; and
WHEREAS, an increasing number of municipalities are formally expressing their concerns regarding the continued operation of Indian Point, which considering the wide-spread anxiety presently existing, may constitute sufficient justification in and of itself, to warrant the temporary shut down of the reactors; and
WHEREAS, Bergen County executive Dennis McNerney has placed the safety and protection of Bergen County residents as his highest priority; and
WHEREAS, the City Council of Hackensack joins County Executive McNerney in his concern for the safe operation of the Indian Point Energy Center; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hackensack, urges the United States Nuclear Regulatory Commission and New York Governor George Pataki to temporarily shut down the Indian Point Energy Center nuclear reactors until all contingency plans outlined in the Witt report and other reasoned opinions are addressed, and unless and until public confidence has been restored in the operation of the reactors, the plant should remain closed; and
BE IT FURTHER RESOLVED, that a copy of the Resolution be forwarded to the Bergen County Board of Chosen Freeholders, County Executive McNerney, the office of the Governor of the State of New Jersey, U.S. Senator Jon Corzine, U.S. Senator Frank Lautenberg, the seventy municipalities of Bergen County, the office of the Governor of the State of New York, and the county governments of Westchester, Rockland, Putnam and Orange Counties, New York.
Roll Call: Ayes – Galvis, Trammell, Stein, Zisa
Absent – Mattei
RESOLUTION #90 OFFERED BY: TRAMMELL SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk:
RA:1697 – Gilda’s Club Northern New Jersey
Roll Call: yes – Galvis, Trammell, Stein, Zisa
RESOLUTION #74 OFFERED BY: GALVIS SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be, and hereby are, authorized to execute an “Acceptance of Revocable Construction Permit” in connection with D.E.P. Permit No. 0223-02-0002.1 (FHA-020001 and FWW–02001) issued for the project undertaken by the Hackensack Riverkeeper, Inc. for the construction of a vegetated swale in the area of Staib Park and Coles Brook in the City of Hackensack; and