City Council

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, November 17, 1997. Mayor Zisa called the meeting to order at 8: 10 P. M. and asked everyone to stand for the flag salute. The Mayor then asked the City Clerk to call the roll. Present - Councilman Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City I Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Councilman Roger B. Mattei Mrs. Dukes: "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 Boar� in City Hall. " Mayor Zisa called for a motion to approve the minutes of the meeting held November 3rd and 10th, 1997. Motion offered by Galvis, seconded by Stein, that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 26-97 ENTITLED: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $ 150,000, INCLUDING $ 126,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE RESURFACING OF PROSPECT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $ 142,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION". Mayor Zisa: This ordinance has been advertised according to I law and now calls for a public hearing. Will someone so move. Motion offered by Stein, seconded by Galvis that there be a public hearing. Carried Mayor Zisa asked if anyone wished to be heard on this ordinance. There was no response. Motion offered by Trammell, seconded by Galvis that the public hearing be closed. Carried RESOLUTION #359 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 26-97 entitled: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $ 150,000 INCLUDING $ 126,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF,TRANSPORTATION FOR THE RESURFACING OF PROSPECT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $ 142,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I FINAL ADOPTION OF ORDINANCE NO. 27-97 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING ORDINANCE NO. 29-86 FINALLY ADOPTED OCTOBER 20, 1986, AS AMENDED BY ORDINANCE NO. 3-90 FINALLY ADOPTED MARCH 5, 1990 IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION l THEREOF". Mayor Zisa: "This Ordinance has been advertised according to law and now calls for a public hearing. Will someone so move?"  Motion offered by Trammell, seconded by Stein, that there be a public hearing. Carried The Mayor asked if anyone.wished to speak on this ordinance. There was no response. Motion offered by Stein, seconded by Trammell, that the public hearing be closed. Carried RESOLUTION #360 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 27-97 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING ORDINANCE NO. 29-86 FINALLY ADOPTED I OCTOBER 20, 1986, AS AMENDED BY ORDINANCE NO. 3-90 FINALLY ADOPTED MARCH 5, 1990 IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 1 THEREOF", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 28-97 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993 IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4 II o Mayor Zisa: "This ordinance has been advertised according to calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Trammell, that there be a public hearing. Carried I Mayor Zisa asked if anyone present wished to speak on this ordinance. There was no response. Motion offered by Trammell, seconded by Stein, that the public hearing be closed. Carried RESOLUTION #36 1 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 28-97 entitled: BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993 IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4". , pass its second and final reading and ·is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #362 OFFERED BY: STEIN 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 refunds for the reasons stated: I $ 12.00 to Carole M. Giambra, 340 N. 8th St., 1st floor Prospect Park, NJ 07508 for two birth certificates not on file (receipt #5339) $ 90.00 to Best Removal, Inc., 450 s. River St. Hackensack, NJ 0760 1 due to an overpayment for Building Permit #96-0937 Amount Block Lot Name Year Reason $ 50.00 134 54 Cavallo, Anthony & Patricia 1997 Vet Ded 250.00 24 1 11 Dente, Jacqueline S & Robert 1997 SC Ded  250.00 242 26 Trobiano, J & s & J. Jr. & M 1997 SC Ded 50.00 82 4A Pinto, John P. Sr. 1997 Vet Ded 1,706.24 537 4 Covello,Francis H.&Kathleen F 1997 Err.Pyt C0201 50.00 76 51 Iozzia, Warren J. 1997 Vet Ded BE IT FURTHER RESOLVED that the Tax Collector be and is hereby authorized to remove $2,342.24 from the tax rolls for property known as Block 537, Lot 4 C0201 owned by Mr. & Mrs. Covello due to the Tax Assessor having deemed the property exempt property. I Roll Call: Ayes - Galvis,· Trammell, Stein, Zisa Absent - Mattei SECONDED BY: STEIN RESOLUTION # 363 OFFERED BY: GALVIS BE IT RESOLVED by the Mayor and Council of the City of, Hackensack that the Collector of Taxes authorization to conduct the annual sale of delinquent tax liens for the calendar year 1997, be and is hereby ratified. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #364 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an amendment between the Hackensack Housing Authority and the Hackensack Police Department for police services for the various housing projects. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #365 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, a Bergen County Community Development Grant has been proposed by the following: $40,200.00 by the ARC of Bergen and Passaic Counties, Inc. 223 Moore Street, for their Independent Living and Family Support . program; $323,630.00 by Universal Hagars Spiritual Church, 180 Clay Street, for their Hagar Day Care Center; and WHEREAS, pursuant to the State Interlocal 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 I 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #366 OFFERED BY: STEIN SECONDED BY: GALVIS  WHEREAS, legislation has been developed by the New Jersey Builders Association which will dismantle the current system of land use regulations in New Jersey; and WHEREAS, Assembly Bill 2827, will create a position within each municipality of an individual licensed by the New Jersey Department of Community Affairs called a "Permit Review Official" (PRO); and WHEREAS, the "PRO" will replace the local planning board in granting approvals of development applications in each and every municipality; and WHEREAS, the "PRO" will be required to implement state I regulatory programs and permits under such diverse regulations as the Freshwater Wetlands Act, Coastal Area Facilities Regulatory Act and other state development regulatory acts; and WHEREAS, the local Planning Boards and Zoning Boards of Adjustment would be confined to a position of simply conceptually reviewing concept development applications, without the benefit of any detailed plans, to only determine whether those plans conceptually comply with the existing zoning ordinance and master plan; and · WHEREAS, A2827 will prevent local citizen and resident involvement in applications by limiting those who can appeal decisions on final development applications to "person personally, directly and seriously affected beyond general impacts of the development"; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack is opposed to Assembly Bill 2827 which will dismantle the entire regulatory and approval process in this state and replace it with a none-sided unbalanced procedure and also I eliminate public participation and public hearings from the development process and infringe on home rule; and BE IT FURTHER RESOLVED that certified copies of this resolution be sent to Governor Christine Todd Whitman, members of the Assembly Housing Committee and the Bergen County Legislative Delegation. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #367 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, New Jersey Public Law 1976 Chapter 141, the Spill Compensation and Control Act, provides compensation to individuals and businesses that have suffered direct or indirect damages from the discharge of petroleum products or other hazardous substances; and WHEREAS, the City of Hackensack officials believe that the City has suffered such damage to property at 205 State Street, which is owned by the City of Hackensack and a spill fund claim has been submitted to the New Jersey Department of Environmental Protection for said compensation; and I WHEREAS, the New Jersey Department of Environmental Protection (NJDEP), Environmental Claims Administration has advised the City of .Hackensack that in order for the NJDEP to allocate resources to review the merits of the investigation that the City has proposed, the City must enter into a Memorandum of Agreement (MOA) with the NJDEP agreeing to complete a remedial investigation work plan and a remedial investigation report. WHEREAS, the Mayor and City Council are willing to and have authorized an agreement with James Anderson Associates to conduct said remedial investigation work plan and report.  NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and City Clerk are hereby authorized and directed to enter into and submit a Memorandum of Agreement to the New Jersey Department of Environmental Protection, Environmental Claims Administration for the aforementioned purposes. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei OFFERED BY: GALVIS SECONDED BY: STEIN I RESOLUTION #368 BE IT RESOLVED that transfers totaling $135,000.00 be made between the 1997 budget appropriations indicated in accordance with N. J. S. A. 40A:4-58: CURRENT APPROPRIATIONS INSIDE CAP From Property Inspection S/W $25,000. 00 Community Development S/W 10,000. 00 DPW S/W 30,000. 00 Salary Adjustments S/W 70,000. 00 Total $ 135,000,00 To Public Buildings & Grounds S/W $15,000. 00 Bldg. Inspectors S/W 35,000. 00 Shade Tree O/E 25,000. 00 Street Cleaning S/W 15,000. 00 Sewer S/W 15,000. 00 I Parks & Playgrounds O/E 10,000. 00 Recreation S/W 20,000. 00 Total $ 135,000. 00 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #369 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct Raffles in accordance with the applications ·on file in the office of the City Clerk: RA:l542 Holy Trinity Home and School Association Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #370 OFFERED BY: GALVIS SECONDED BY: WHEREAS, Kiss Budapest Corporation holds Plenary Retail Consumption License 0223-33-009-007; and I WHEREAS, on or about October 10, 1997, said licensee was served with a "Notice to Licensee of Charges and Hearing" pertaining to an allegation that on March 30, 1997, alcoholic beverages were being consumed on the licensed premises at 206 Main Street, Hackensack, New Jersey, after the 2:00 A. M. closing time established by operation of Chapter 49, Section lOA of "The Code of the City of Hackensack", New Jersey; and WHEREAS, on November 10, 1997, a Special Meeting of the Hackensack City Council, acting in its capacity as local issuing authority, was held to conduct a hearing to adjudicate the aforesaid charge against the licensee; and WHEREAS, at the time of the hearing the licensee, through its attorney, retracted its previously entered plea of "not guilty" and entered a plea of nun vult to the charge; and WHEREAS, the Municipal Prosecutor advised the City Council of the absence of any prior violations �ommitted by the licensee and recommended that any suspension imposed by the City Council not exceed (10) days in length; and WHEREAS, said recommendation appears to be fair and reasonable to the Mayor and Council under all of the circumstances known to it; I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack, as follows: 1. A suspension of ten (10) consecutive days is hereby imposed upon Plenary Retail Consumption License 0223-33-009-007 held by Kiss Budapest Corporation; 2. Said suspension shall commence at 12:01 A. M. on November 28th, 1997, unless a stay of said suspension is entered pursuant to N. J. A. C. 13:2-17. 8; 3. Any and all allegations pertaining to any events occurring on or about February 9th, 1997, are hereby DISMISSED on the recommendation of the Municipal Prosecutor. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #371 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Simon Sez Inc. License 0223-44-019-005; and holds Plenary Retail WHEREAS, on or about October 10, 1997, said Licensee was Distribution I served with a "Notice to Licensee of Charges and Hearing" pertaining to allegations that on May 2, 1997, May 16, 1997, and June 21, 1997, said Licensee did sell alcoholic beverages to underaged persons in violation of N. J. S. A. 9:17B- 1 and N. J. A. C. 13:2-23. l (a); and WHEREAS, subsequent to the service of the aforesaid Notice, the charges were amended, with the consent of Counsel for the Licensee, to include the allegations of a fourth sale by Licensee to an underaged person, occurring on or about July 25, 1997; and WHEREAS, on November 10, 1997, a Special Meeting of the Hackensack City Council, acting in its capacity as local issuing authority, was held to conduct a hearing to adjudicate the aforesaid charges against the Licensee; and WHEREAS, the Council made and hereby memorializes the following findings of fact: A. On May 2, 1997, a sale of an alcoholic beverage was made I by the Licensee at its premises located at 281 State Street, Hackensack, New Jersey, to Juvenile D. D. A. (date of birth 1/13/80). B. On May 16, 1997, sales of alcoholic beverages were made by the Licensee at its premises to Juveniles M. M. (date of birth: 5/1/80) and B. C. (date of birth: 8/6/79). C. On June 21, 1997, a sale of an alcoholic beverage was made by the Licensee at its premises to Juvenile J. N. (date of birth: 1/12/80).  The Council notes that with respect to this allegation, the Licensee does not deny the sale but alleges as an affirmative defense through the testimony of its employees, Ishwarlal Patel and Jakirhusen Shaikh that the Juvenile J. N. presented a false California Driver's License to verify his age prior to the sale. The Council does not find this testimony credible. The Hackensack Police, as testified to by Detective Thomas Staron, thoroughly investigated this claim at the time of the incident. No such license was found. I The Council further notes that Detective Staron testified that based on his observations the Juvenile, J. N. , while large in stature "could appear to be as old as 18 or 19 ". Therefore, the Council concludes that even if a false California Driver's License had been presented by J. N to the licensee (which the Council rejects), no ordinary, prudent person would believe that J. N. was of legal age to make the purchase based on his appearance. D. On July 25, 1997, a sale of an alcoholic beverage was made by the Licensee at its premises to minor H. S. (date of birth: 9/18/78); and WHEREAS, the Council, therefore, finds that the Licensee did, on the four (4) occasions cited, make unlawful sales of alcoholic beverages to underaged persons; and WHEREAS, the Council considers such a pattern of conduct by the Licensee as demonstrative of a reckless, if not dangerous, disregard of its obligations as the holder of an alcoholic beverage distribution license; and WHEREAS, the Council notes that of the four (4) sales, three (3) were made to underaged persons who reside outside of the City of Hackensack. The fair inference of this circumstance is that it I is known within the Central Bergen County community among those of our youth who seek to unlawfully purchase alcoholic beverages, that Simon Sez in Hackensack is a location where such unlawful purchases can be made; and WHEREAS, the Council notes that the guidelines promulgated by the Division of Alcoholic Beverage Control of the Division of Law and Public Safety of the State of New Jersey, , specifically state that four (4) sales by a Licensee to underaged persons within a two (2) year period are grounds for license revocation unless clear mitigating circumstances are presented or there is compelling reason not to do so; and WHEREAS, absolutely no mitigating circumstances have been put forth by the Licensee in this matter. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Ci� y of Hackensack as follows: 1. Plenary Retail Distribution License 0223-44-019-005, held by Simon Sez Inc. be and hereby is REVOKED; 2. This revocation shall take effect at 11: 59 P. M. on November 27, 1997, unless a stay of said revocation is entered I pursuant to N. J. A. C. 13: 2-17. 8. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #372 OFFERED BY: GALVIS SECONDED BY: TRAMMELL 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 Fund Account $ 2,912,849. 55  Public Assistance I Account 1,151. 48 Public Assistance II Account 10,395. 01 Capital Account 166,498. 90 Public Parking System Account 3,473. 17 Payroll Agency Account 297,354. 57 Current Fleet Bank Account 200,000. 00 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I The following resolution was held from the previous meeting for further information. RESOLUTION #353 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Bofel Corp. and Beechwood Equities, LLC is the owner of certain real property known as Block 237, Lot 21, comprised of individual units, designated as 100 Prospect Avenue; and. WHEREAS, the taxpayer has filed appeals to its 1994, 1995 and 1996 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subject property are as set forth on Schedule "A"; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack. I NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Bofel Corp v. City of Hackensack, Docket Nos. 013656- 94 • . and "Beechwood Equities, LLC v. City of Hackensack", Docket Nos. 009988-95 and 008801-96 presently pending in the Tax Court of New Jersey so that the assessments be reduced as set forth on Schedule "A"; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent Mattei Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. I They did not. The Mayor then opened the meeting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, stated the September meeting of the Zoning Board had to be moved to October due to the publication of the notice appearing too late. She requested one person be responsible for all legals for all of the boards. She also addressed the subject of "lights on, lights off" be added in the City calendar. Perhaps this will help people to remember to change the timers.  The Mayor said he will suggest it to the people who prepare the calendars. He also suggested Ms. Schwartz make a list of potential activities for the H-Cops as a recommendation to the Police Chief for consideration. Eric Martindale, 300 Park Street, thanked the Mayor and Council for the way the Planning and Zoning Boards operate. Frank Campbell, 111 Catalpa Avenue, asked about the report from the Economic Development Commission, a traffic study pattern, requesting a cross walk in the middle of the block due to the I length of Main Street and the status of the Fox Theatre. Mayor Zisa responded to his questions. Jack Donovan, Willow Avenue, regarding the article about the Recreation Director stating she did nothing wrong, said it is too bad that the people who made the accusation can't be made to apologize to her publicly. She has done a good job. Mr. Stein added that during the Recreation Advisory Board Meeting a number of people spoke on her behalf. The people who made the accusations were not there. Nat Shatzoff, 101 Prospect Avenue, asked if the developer of the second Excelsior Apartment is required to provide low income housing and was told approval for that building precludes them having to provide low income housing. He addressed the issue of inflation as it relates to high rents. John Carr, 262 Green Street, again spoke on the amount of noise on Green Street at night. He stated the private garbage trucks are starting four or five o'clock in the morning. I Councilman Galvis left the meeting at 9:.05 PM Mayor Zisa, on behalf of the members of Council wished everyone a Happy Thanksgiving. Motion offered by Trammell, seconded by Stein, that the public hearing be closed and the meeting be adjourned. Carried (9:25 P. M � A ABSENT COUNCILMAN ROGER B. MATTEI I