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 Tuesday, September 21, 1999, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:06 P.M. and asked everyone to stand for the flag salute. He then asked the City Clerk to call the roll. Present - Deputy Mayor Roger B. Mattei, Councilwoman Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James s. Lacava, City Clerk Doris L. Dukes and City I Attorney Richard E. Salkin Absent - Councilman Jesus R. Galvis 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 placing a copy on the Bulletin Board in City Hall." Mayor Zisa called for a motion to approve the minutes of the meetings held on September 7, 1999 and September 13, 1999. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 28-99 ENTITLED: "BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO STAIB PARK IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $260,000 THEREFOR INCLUDING $175,000 EXPECTED TO BE RECEIVED AS A COMMUNITY DEVELOPMENT BLOCK GRANT AND AUTHORIZING THE ISSUANCE OF $247,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST 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 Stein, seconded by Trammell, that there be I a public hearing. Mayor Carried Zisa asked if anyone wished to be heard ·on this ordinance. There was no response. Motion offered by Mattei, seconded by Stein, that the public hearing be closed. Carried RESOLUTION #325 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 28-99 entitled: "BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO STAIB PARK IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $260,000 THEREFOR I�CLUDING $1751 000 EXPECTED TO BE RECEIVED AS A COMMUNITY DEVELOPMENT BLOCK GRANT AND AUTHORIZING THE ISSUANCE OF $247,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF," pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis FINAL ADOPTION OF ORDINANCE NO. 29-99 ENTITLED: "AN ORDINANCE I TO AMEND CHAPTER 60 OF 'THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY', ENTITLED: 'BARBERSHOPS AND BEAUTY PARLORS'." 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 Mayor Zisa asked if anyone wished to be heard on this ordinance. There was no response.  Motion offered by Stein, seconded by Mattei that the public hearing be closed. Carried RESOLUTION #326 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 29-99 entitled: "AN ORDINANCE TO AMEND CHAPTER 60 OF 'THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY', ENTITLED: 'BARBERSHOPS AND BEAUTY I PARLORS'," pass its second ,and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #327 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 $ 1,514.04 349/31 Saul A. Wolfe, Atty. & David L. & Carolyn c. Gorham 1998 STB 12,510.36 504A/14C Hackensack Industrial Center & Peter J. Zipp 1998 STB 10,520.16 504A/14G II II II II 1998 STB 1,709.51 79/12A FUNB as Custodian for FUNDCO, Inc. 1999 Er. Pymt. 757.00 214/16,C0022 Transamerica Real Estate Tax Service 1998 Er. Pymt. BE IT FURTHER RESOLVED that the Tax Collector be and is hereby authorized to transfer an overpayment of 1998 taxes in the amount of $37.80 to 1999 unpaid taxes on Block 237, Lot 2B, owned by I Mitchell & Jean Kenoian, as requested. Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent - Galvis RESOLUTION #328 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct Bingo games in accordance with the applications on file in the office of the City Clerk: BA: 1601 - St. Francis Church BA: 1602 - Parent Teachers Guild of St. Francis School BA: 1603 - Holy Name Society of St. Francis Church Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent - Galvis RESOLUTION #329 OFFERED BY: TRAMMELL SECONDED BY: MATTEI I WHEREAS, Elisa L. Rathbun, School Traffic Guard, has requested a Leave of Absence for six (6) months for personal reasons; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted the Leave of Absence, commencing September 20, 1999 and terminating March 20, 2000; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Elisa L. Rathbun, School Traffic Guard, be granted a six (6) month Leave of Absence, without pay, as requested; and  BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #330 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, N.J.S.A. 54: 5-19 authorizes the Tax Collector to offer for sale any Municipal Lien for unpaid taxes remaining unpaid on April 1st for the prior fiscal year; and WHEREAS, the properties known as Block 232, Lots 9 and 20, Block 237, Lots IC and lJ and Block 407 Lot 34 are owned by an entity claiming full exemption from municipal property taxation; and WHEREAS, these ·claims, although actively challenged by the City of Hackensack, has been pending in the Ta� Court for some time; and WHEREAS, in light of these circumstances it is both unnecessary and inappropriate to expose such property for tax certificate sale; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized and directed to remove said property from the Tax Sale List, effective September 21, 1999. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #331 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Salem Communications Corp. is the owner and taxpayer of certain real property known as Block 504.A, Lot 14 designated as 133 Commerce Way; and WHEREAS, the taxpayer has filed appeals to its 1995, 1996, 1997, 1998 and 1999 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $2,177,600 for 1995, 1996, 1997 and 1998 and $800,000 for 1999; and WHEREAS, upon review of information submitted,, a reduction appears appropriate for each year; 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 interest of the City of Hackensack; NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the I City of Hackensack that Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Salem Communications Corp. v. City of Hackensack", Docket Nos. 009879-95, 003086-96, 002289-97, 000659-98 and 000525-99 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $700,000 for 1995, $600,000 for 1996, $500,000 for 1997, $400,000 for 1998 and 1999; 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 - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #332 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, by virtue of a Developer's Agreement by and between Lorenzo Oliveri and Carmela Oliveri and the City of Hackensack with respect to an application for development approved by the Planning Board known as Major Subdivision No. 642, Variance Application No. 63-88 and pertaining to the property commonly known as 350-358 I Fairmount Avenue, a performance bond in the amount of $60,000.00 was posted by the developer; and WHEREAS, said bond being Bond No. 952195-96 was issued by International Fidelity Insurance Company, Newark, New Jersey; and WHEREAS, the City Engineer has reviewed the work done by the developer in the construction of the project and has advised that all work completed, and all tests performed upon the materials used in construction, comply with the approved Subdivision Plan and all applicable standards; and WHEREAS, the Developer has requested release of the aforementioned performance bond by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the City Clerk be and is hereby authorized to release the above described performance bond to the developer upon the submission of a two-year maintenance bond, and in a form acceptable to the City Attorney, in the amount of $7500.00; I BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developers or their Counsel of record. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #333 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, it is the perception and belief of the Mayor and Council of the City of Hackensack that the property known as Block 407A, Lots 6A, 7A, BA, 33B and 34B, commonly known as 309 Main Street, in the City of Hackensack, may qualify as "area in need of redevelopment", as that term is defined in "The Local Redevelopment and Housing Law", (N.J.S. A.40A: 12A-1 et seq.) ; and WHEREAS, pursuant to N.J.S.A.40A: 12A-6, prior to making such determination, the Planning Board must be authorized by Resolution of the City Council, to undertake a preliminary investigation, including but limited to, the conducting of public hearings on the matter; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to law, the question of whether the aforedescribed property should be deemed to be an "area in need of redevelopment", is hereby referred to the Planning Board of the I City of Hackensack for preliminary investigation, public hearing and preparation of a recommendation to the City Council as provided by Statute. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #334 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, A-1112A/S-6325, the "Home-Based Business Promotion Act" is presently pending in the New Jersey Senate; and  WHEREAS, this bill, if enacted, would supersede the Zoning Ordinance of virtually every municipality in the State of New Jersey by mandating the legality of blatantly commercial uses in residential zones; and WHEREAS, the New Jersey League of Municipalities has announced its formal opposition to the passage of this bill based upon its flawed language and the resulting impo�sibility of enforcing its purported safeguards; and WHEREAS, while the poorly drafted language of the Bill is I reason enough to oppose its passage, it is the perception and belief of the Mayor and Council of the City of Hackensack, that passage of any Bill by the state legislature which would so completely undermine the concepts of preservation of residential neighborhoods, due to consideration, notice and public input regarding changes to zoning ordinances, constitutes legislative action inconsistent with all basic concepts of good government and advancement of the quality of life of the people of this state; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby urge the State Senate to rejeqt A- 1112A/S-6325; and BE IT FURTHER RESOLVED that copies of this resolution be sent to members of the State Senate representing Bergen County and Senator Leonard T. Connors, Jr. of the 9th Legislative District. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #335 OFFERED BY: STEIN SECONDED BY: TRAMMEL L WHEREAS, the Hackensack Board of Education desires to secure school nurse services for certain Hackensack non-public schools from the City of Hackensack through an inter-local agreement in I accordance with N. J. S. A. 40: 8A-l et. seq. ; and WHEREAS, the Health Department of the City of Hackensack can provide qualified personnel to provide said school nurse services; and WHEREAS, the Hackensack Board of Education and the City have prepared an inter-local agreement for the provision of said services for the 1999-2000 school year; and WHEREAS, the amount for said services will not exceed $32,873. 00; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an agreement with the Hackensack Board of Education to perform school nurse services effective September 1, 1999 through June 30, 2000; and BE IT FURTHER RESOLVED that this action is excluded from publication pursuant to NJSA 40: 8A-3. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #336 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, on August 16, 1999, the City Council of the City of Hackensack approved Resolution #297 to enter into a grant agreement with the County of Bergen for the purpose of using $120,448. 00 in Community Development Block Grant funds for the Sewer Line along Union Street; and WHEREAS, the grant agreement cannot be acted upon until such time as an ordinance has been adopted;  NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Resolution #297 be rescinded. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #337 OFFERED BY: MATTEI 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 Account Public Assistance II Account Capital Account $ 1,683,686.66 12,448.30 232,557.78 I Public Parking System Account 5,666.34 Trust Account 39,142.00 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 - Mattei, Trammell, Stein, Zisa Absent - Galvis 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. Councilman Stein reminded those present that the third concert in the park would be held at 12 Noon on Thursday, September 23rd. Mayor Zisa, regarding the devastating rains and floods like we have never seen before, complemented the City's staff for what they did. The Mayor said he and. the Manager attended a meeting where he heard the "horror" stories in other communities within Bergen I County. He thanked the various departments. Mayor Zisa opened the meeting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, again spoke on the issue of rents, specifying the yearly percentages of the CPI since 1992. Jack Donovan, Willow Avenue, complimented the Sanitation Department on the job they did after the rain storm on Friday. Louis Moore, 185 Clay Street, spoke extensively about the floading in the basement of his home. He said he could not understand why the water pressure causes the manhole cover to "blow up" and the water goes into his basement. He said something has to be done. Mayor Zisa advised him that he could call the FEMA disaster number to be compensated for damages • There is a form that must be . completed and offered assistance in completing the form if needed. Sam Cassius, 192 Clay Street, also complained about the flooding and the raw sewage in his basement. Casandra Copeland, 188 Clay Street, also had raw sewage in her basement and told Council something had to be done. She said when she purchased this house she was told it was not in a flood zone. I Anita Rivers, 253 & 259 Railroad Place, said she had to be evacuated from her home. She complimented the Fire Department. She said something has to be done with the sewer system. She asked for assistance in completing the forms for FEMA. Mayor Zisa reminded everyone that FEMA would not go to them, that they must apply themselves. The Mayor also said, in the future, the City will be looking at ways to correct the problems.  It will take some time and money. He assured Ms. Rivers that the problem would be addressed at some point. He said he could not assure her this will not happen again. The Manager was requested to bring in a professional to do a design program. Claudette Sealy, 184 Clay Street also addressed the flooding problem and the raw sewage and said something has to be done. Mayor Zisa stated the sewer lines will be addressed with Mr. I Job. Kevin Heaney, 261 Summit Avenue, addressed the issue of the noise from airplanes flying into Teterboro and Newark Airports. He requested help from the governing body in supporting legislature. Laurila Kaminski, 303 Beech Street, also spoke on the flight pattern of airplanes going into Teterboro Airport. She gave the complaint number 288-8828, to anyone interested. She also announced that the FAA will be holding a meeting on November 4th regarding the matter. Bycinta Bector, 198 High Street, spoke about the flooding of her basement. Lenny Nix, 83 Elm Avenue, asked questions about the Oliveri Bond. The City Attorney responded. Motion offered by Stein, seconded by Trammell, that the public hearing be closed and the meeting be adjourned. Carried ( 10:10 PM) I ZISA Zl l(azi;A ABSENT COUNCILMAN JESUS R. GALVIS COUNCILMAN MARK A. STEIN ATTEST: I