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.