City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, March 27, 1990. The Mayor called the meeting to order at 6:40 P. M. and asked the City Clerk to call the roll. Present: Mayor John F. Zisa, Deputy Mayor Sandra A. Robinson, Councilmen Mauro Mecca, Mark A. Stein and Roger B. Mattei, City· At torney Richard E. Salkin, City Clerk Doris L. Dukes and City Manager James S. Lacava. I Mrs. Dukes: Chapter provided 231, by Laws sending "In of a accordance with 1975, notice same on the Bulletin Board in City Hall". adequate to the Open Public Meetings Act,. notice the Record to and this by meeting was posting a copy of. Resolution il26 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack is receiving funds from the Public Health Priority Act of 1977: and WHEREAS, the City of Hackensack wishes to anticipate funds under this act in 1990 in the amount of $10,632.00 in its 1990 Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing the inclusion of the following items under Miscellaneous Revenues in the 1990 Budget: Public Health Priority Funding - 1977 $10,632.00 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for his approval. I Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #127 OFFERED BY: STEIN SECONDED BY: ROBINSON WHEREAS, the City of Hackensack will be receiving funds from the Supplemental Safe Neighborhoods Program (N.J.S.A. 52:27D-118.ll to 118.16) in 1990; and WHEREAS, the City of· Hackensack has been notified that the maximum amount to be received from the State is $82,249.00 for its 1989-90 Grant, and the City must provide 50% matching funds: and WHEREAS, the City of Hackensack anticipated as a revenue $41,124.50 from this 1989-90 Grant in its 1989 Budget ; and WHEREAS, the City of Hackensack wishes to anticipate funds under this program in 1990 for the balance of $41,124.50 in its 1990 Budget. NOW, THEREFORE , BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing for the inclusion of the following item under Miscellaneous Revenues in the 1990 Budget: Supplemental Safe Neighborhoods Program I (N.J.S.A. 52:270-118.11 to 118.16) $41,124.50 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #128 OFFERED BY: MECCA SECONDED BY: STEIN WHEREAS, the City of Hackensack will be receiving funds from the Supplemental Fire Services Program (N.J.S.A. 52:27D-118.17 to 118.23) in 1990: and WHEREAS, the City of Hackensack has been notified that the maximum amount to be received from the State is $19,796.00 for its 1990 Grant, and the City must provide 50% matching funds: and WHEREAS, the City of Hackensack wishes to anticipate funds under I this program in 1990 for the amount of $19,796.00 in its 1990 Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Service's be requested allowing for the inclusion of the following item und1�r Miscellaneous Revenues in the 1990 Budget: Supplemental Fire Services Program (N.J.S.A. 52:27D-118.17 to 118.23) $19,796.00 ' BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #129 OFFERED BY: MECCA SECONDED BY: MATTEI WHEREAS, the City of Hackensack will be receiving funds from a Supplemental Fire Services Program in 1990: and WHEREAS, the City of Hackensack received $9,777.78 in prior year and wishes to anticipate these funds under this program in its 1990 Budget. I NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing for the inclusion of the following item unde!r Miscellaneous Revenues in the 1990 Budget: Supplemental Fire Services Program (N.J.S.A.52:27D 118.17 to 118.23) $9,777.78 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #130 OFFERED BY: MECCA SECONDED BY: MATTEI WHEREAS, the City of Hackensack has received a grant from the New Jersey Department of Environmental Protection under the Clean Communities Program (N.J.S.A.13:1E-99.2) in the amount of $62,702.00: and WHEREAS, the City of Hackensack wishes to anticipate the funds under this program in its 1990 Budget. I NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing for the inclusion of the following item under Miscellaneous Revenues in the 1990 Budget: N. J. Department of Environmental Protection - Clean Communities Program (N.J.S.A. 13:1E-99.2) $62,702.00 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for approval. Roll Call: Ayes - Mecca, RobinE1on, Stein, Mattei, Zisa  Resolution #131 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, there exists in the Public Parking System Utility Fund of the City of Hackensack cash surplus in the amount of $535, 435. 13; and WHEREAS, the City of Hackensack wishes to anticipate funds from . this surplus in the amount of $200,000.00 in its 1990 Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing the I 1 inclusion of the following item of revenue under Miscellaneous· Revenues in the 1990 Budget: Utility Operating Surplus of Prior Years - Public Parking System Utility $200,000.00 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for his approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #132 OFFERED BY: MECCA SECONDED BY: STEIN WHEREAS, the City of Hackensack will be receiving funds under the Uniform Fire Safety Act; and WHEREAS, the City of Hackensack wishes to anticipate funds in the amount of $123,594. 00 in its 1990 Budget based upon revenues and inspection fees realized in 1989. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing for the inclusion of the following item under Miscellaneous Revenues in the I 1990 Budget: Uniform Fire Safety Act ( P.L. 1983, c.383) $123, 594.00 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for, approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #133 OFFERED BY: STEIN SECONDED BY: ROBINSON WHEREAS, there exists in the General Capital Fund of the City of Hackensack cash surplus in the amount of $70, 970. 00; and WHEREAS, the City of Hackensack wishes to anticipate funds from this surplus in the amount of $35, 000.00 in its 1990 Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing the inclusion of the following item of revenue under Miscellaneous Revenues in the 1990 Budget: Capital Surplus $35, 000.00 I BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for his approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #134 OFFERED BY: MATTEI SECONDED BY: MECCA WHEREAS, there exists in the Capital Fund of the City of Hackensack reserve funds to pay Bond Anticipation Notes in the amount of $267, 108. 98; and  WHEREAS, the City of Hackensack wishes to anticipate these reserve funds in its 1990 Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing the inclusion of the following item of revenue under Miscellaneous Revenues in the 1990 Budget: Reserve for Bond Anticipation Notes - $267, 108.98 BE IT FURTHER RESOLVED that three (3) copies of this resolution I be forwarded to the Director of Lo1cal Government Services for his approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #135 OFFERED BY: STEIN SECONDED BY: ROBINSON WHEREAS, there exists in the Trust Fund/Community Development Block Grant of the City of Hackensack funds in the amount of $833, 516.00: and WHEREAS, the City of Hackensack wishes to anticipate funds from this account in the amount of $100, 000. 00 in its 1990 Public Parking System Utility Budget. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services be requested allowing the inclusion of the following item of revenue under Miscellaneous Revenues in the Public Parking System Utility in the 1990 Budget: Reserve for UDAG/Community Development Block Grant $100, 000.00 BE IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for his I approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa Resolution #136 OFFERED BY: STEIN SECONDED BY: MECCA WHEREAS, the City of Hackensack has completed construction of a Parking Garage: and WHEREAS, the City of Hackensack wishes to anticipate funds from the receipts of this garage. NOW, THEREFORE, BE IT RESOLVED that the written consent of the Director of Local Government Services is requested allowing the inclusion of the following item und«:!r Miscellaneous Revenue in the Public Parking System Utility in th«:! 1990 Budget in the amount of $250, 000.00: BE ·IT FURTHER RESOLVED that three (3) copies of this resolution be forwarded to the Director of Local Government Services for approval. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa II Mayor zisa: "Mrs. Dukes, before you proceed with the budget, for the benefit of the public, this is the introduction of the budget only. Final discussion will be held on Wednesday, April 25th at 7:00 11 P. M., at which time the public will be allowed to speak. Mrs. Dukes, you may proceed." BE IT RESOLVED that the Municipal Budget of the City of Hackensack for the Fiscal Year 1990 be introduced for a total general appropriations of $37,401,505.73.  9o Motion offered by Mattei, seconded by Stein and unanimously carried. The full budget, as introduced, is on file in the Office of the City Clerk as a permanent record. Motion offered by Robinson, seconded by Mecca that the public hearing be closed and the meeting be adjourned. Carried. (7:05 P.M.) I ATTEST: ��� I I  A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, March 27, 1990. The Mayor called the meeting to order at 7: 20 P. M. and asked the City Clerk to call the roll. Present: Mayor John F. Zisa, Deputy Mayor Sandra A. Robinson, Councilmen Mauro Mecca, Mark A. Stein and Roger B. Mattei, City Attorney Richard E. Salkin and City Clerk Doris L. Dukes. I Mrs. Dukes: In accordance with the Open Public Meetings Act, 11 Chapter 231, Laws of 1975, adequate notice to this meeting was provided by sending a notice to the Record and by posting a copy of same on the Bulletin Board in City Hall". Beth Calderone, Court Stenographer, from Attorneys Court Reporting Service, recorded the entire meeting. Transcripts can be obtained from them upon request. At the request of Mayor Zisa, City Attorney Salkin stated the Board of Adjustment memorialized a resolution for Variance Application No. 67-89 and Site Plan No. 40-89, for Sebring Associates, Inc. , on January 17, 1990. A Notice of Appeal was filed with the City Clerk on January 26, 1990, stating that granting the use and bulk variance would result in substantial detriment to the public welfare. The' Mayor and Council received and reviewed the transcript of the hearing before the Zoning Board. This meeting is to hold the hearing· pursuant to the Ordinance, in this matter. He advised that this is not a regular Council Meeting and the public is not permitted to put comments on the record. He then asked the attorneys to enter their names for the record. Richard Contant, 33 Hudson Street, Hackensack, Attorney for the Applicant {Sebring Associates, Inc. ) . I Dermot J. Doyle, 126 State Street, Hackensack, Attorney for the Appellant (Alexis M. Palinkas) . Mr. Contant made his presentation on behalf of his client and reviewed various exhibits that were presented to the Zoning Board during the hearing before that Board. He stated the names of individuals/firms who were in favor of the project. Members of Cou�cil asked several questions during Mr. ·contant's presentation. The meeting recessed at 8:45 P. M. and reconvened at 9:05 P. M. A question was raised as to who the principals of Sebring Associates are and Mr. Contant replied that Dr. Eugene Coyle, Anthony Palmeri and James Caneo make up the principals. The detriment to the public good was questioned and the effect· the project would have on the residents on Kaplan Avenue because of the height. Mr. Doyle made his presentation on behalf of his client and referred to pages in the transcript. I In summary Mr. Contant stated that the City Council is bound by the record below. They must determine if the statutory requirements have been met. They must look at what has been provided. Because the building will be two levels below ground level, it will only be 30 feet above ground not 55 feet. In summary Mr. Doyle, stated there will be an increase in traffic in the area, the Mayor and Council are limited to the record below as it relates to use and height variances and the applicant has failed to meet its burden of proof. Mr. Salkin asked questions of Mr. Contant. Mayor Zisa called for a five (5) minute recess at 10:10 P. M. to allow the City Council to consider the matter and reconvened at 10:25 p _ M _  Members of Council each expressed their feelings about the proposed project. In summary, Dr. Mecca stated that he is in favor of the project. He has some reservatiions about the height of 160 feet, but could live with it. Mr. Stein stated that the height of a building has been 55 feet maximum for a number of years and when one purchases a home in certain areas it is done with certain expectations. The Mayor said the structure appears to be higher than the highest point on Essex Street. Mr. Mattei said he had difficulty with the height of the structure and asked the City Attorney if there is room for negotiation. The City Attorney felt it would not be appropriate since the statute does not give the City Council the right to do so. I Ms. Robinson was concerned about the set back and the height. When Mr. Mattei asked Mr. Contant if there was room for negotiation, he said "no", he felt the City Council has to make a decision. The meeting recessed at 11:00 P. M. and reconvened at 11:10 PM. The Mayor apologized for all thE� recesses and thanked the people for their patience. The members of Council took the following action: A motion was offered by Robinson to DENY the structural variance, (height) seconded by Stein. Roll Call: No - Mecca Ayes - Robinson, Stein, Mattei and Zisa I Motion offered by Stein, seconded by Mattei that the meeting be adjourned. (11:18 P. M) Carried. · D � MAYOR SANDRA A. ROBINSON �� COUNCI I ATTEST: ���