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, March 4th, 2002 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 Mrs. Dukes to call the roll. Present – Councilman Roger B. Mattei, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Clerk Doris L. Dukes, City Attorney Richard E. Salkin and Raymond Carnevale, who was present for Mr. Lacava. Absent – Councilman Jesus R. Galvis and City Manager James S. Lacava. Mrs. Dukes: "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 February 19th, 2002. Motion offered by Stein, seconded by Mattei that the minutes be approved as submitted. Carried. RESOLUTION #80 OFFERED BY: STEIN SECONDED BY: TRAMMELL 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 $8,681.40 303 20 Venator 2000 STB 861.90 439 36 Michael A. Vespasiano, Attorney Trust Account 2000 STB 870.74 439 36 “ “ “ 2001 STB 1,560.00 511 21 William S. Winters, Esq. 2000 STB 1,576.00 511 21 William S. Winters, Esq. 2001 STB 982.21 445 34 American Tax Funding, LLC 2002 ERRPMT 1,663.64 237 8,C04E1 Montoya, Carlos 2001 ERRPMT Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #81 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 2001 overpayment of taxes in the amount of $218.20 on Block 7, Lot 12 to 2002 unpaid taxes. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #82 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Niamh Maria McGuinness, Public Safety Telecommunicator, has requested a Leave of Absence without pay for six months to assume the position of Police Officer in this jurisdiction; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted the Leave of Absence, commencing January 28, 2002 and terminating July 26, 2002; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Niamh Maria McGuinness, Public Safety Telecommunicator Trainee, be granted the six months 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 #83 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, on November 8th, 2001, the Planning Board of the City of Hackensack did adopt a new Master Plan by requisite Resolution; and WHEREAS, Notice of Adoption to said Master Plan has been duly served, and copies have been made available to the public according to law; and WHEREAS, pursuant to the “Municipal Land Use Law” (N.J.S.A.40:55-D-1, et seq.) the next step in the process is the enactment by the city Council of a new Zoning Ordinance substantially consistent with the Master Plan; and WHEREAS, in the course of the public hearings held by the Planning Board, and public meetings held by the City Council, the Council has noted both the need to address certain errors contained in the Master Plan, and the positions of some members of the public regarding deviation from the recommended establishment of a New Zoning Ordinance consistent with the land use component of the Master Plan; and WHEREAS, the City Council intends to correct any errors in the Master Plan document, and give due consideration to public input during its consideration of any New zoning Ordinance during the public hearing(s) held after introduction; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: 1. Receipt of the Master Plan approved by the Planning Board on November 8th, 2001 is hereby formally acknowledged; and 2. The City Council hereby acknowledges the method by which it intends to proceed in the consideration and potential adoption of the new Zoning Ordinance. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #84 OFFERED BY: MATTEI SECONDED BY: STEIN  BE IT RESOLVED by the City Council of the City of Hackensack that Salvatore Ingallinera, Daniel L. Rathbun and Douglas R Stearns, Jr. be and are hereby approved for active membership in the Hackensack Fire Department. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #85 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts, payment of salaries and insurance premiums and no adequate provision has been made in the 2002 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 2002 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $6,535,000.00; 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 $6,412,000.00; 2) That said emergency temporary appropriation will be provided for in the 2002 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Current Appropriations Administrative & Executive S/W $ 100,000.00 Administrative & Executive O/E 5,000.00 Financial Administrative S/W 50,000.00 Financial Administrative O/E 10,000.00 Tax Assessor S/W 30,000.00 Tax Collector S/W 30,000.00 Tax Collector O/E 5,000.00 Public Buildings & Grounds S/W 100,000.00 Group Insurance Plan O/E 700,000.00 Fire Alarm S/W 10,000.00 Fire Department S/W 1,500,000.00 Fire Department O/E 35,000.00 Fire Official S/W 115,000.00 Fire Official O/E 5,000.00 Police Dept S/W 2,000,000.00 School Crossing Guards S/W 100,000.00 Traffic Control S/W 10,000.00 Communication Operators S/W 40,000.00 EMT S/W 45,000.00 EMT O/E 5,000.00 Municipal Court Public Defender S/W 15,000.00 Building Inspectors S/W 60,000.00  Inspection of Property S/W 35,000.00 Community Development S/W 15,000.00 Community Development O/E 40,000.00 DPW S/W 125,000.00 City Garage S/W 35,000.00 Streets & Roads S/W 25,000.00 Shade Tree S/W 20,000.00 Street Cleaning S/W 10,000.00 Garbage & Trash S/W 275,000.00 Sewer S/W 10,000.00 Health Department S/W 115,000.00 Human Services S/W 15,000.00 Human Services O/E 2,000.00 Parks & Playgrounds S/W 25,000.00 Recreation Department S/W 20,000.00 Recreation Department O/E 20,000.00 Library O/E 400,000.00 Municipal Court S/W 80,000.00 Social Security O/E 150,000.00 911 S/W 25,000.00 TOTAL $6,412,000.00 Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #86 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of Hackensack and the general public when a sewer backup occurred on Hudson Street; and WHEREAS, the Director of Operations has furnished the City Manager with a report 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 repair the aforementioned sewer line; and WHEREAS, the cost of the repair was $28,400.24, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #1-10-530-204, P.O.# 126220; and 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, that the vendor, National Water Main Cleaning Co., 875 North Summer Avenue, Newark, New Jersey 07104 be paid therefore. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #87 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute a Grant Agreement for 2002 Playground Safety GA# 02- 4890-00 with the Department of Community Affairs in the amount of $10,000.00 with a City match of $.50 (fifty cents) per. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #88 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE 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 Agreement between IDA Administrators and the City of Hackensack for the Employee Health Plan Benefit, effective January l, 2002 through December 31, 2002. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #89 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Louis J. Garbaccio be, and hereby is reappointed to the position of Chief Financial Officer for the City of Hackensack. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #90 OFFERED BY: STEIN SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 6-2002 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 159, OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “TOWERS AND WRECKERS”. BE IT RESOLVED by the City Council of the City of Hackensack, that the above ordinance, being Ordinance No. 6-2002 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held March 18th, 2002, at 8:00 P.M., 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, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #91 OFFERED BY: TRAMMELL SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 7-2002 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 170, SUBSECTION 1B OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “VEHICLES AND TRAFFIC DEFINITIONS”. BE IT RESOLVED by the City Council of the City of Hackensack, that the above ordinance, being Ordinance No. 7-2002 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held March 18th, 2002, at 8:00 P.M., 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, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #92 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack intends to file an application with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust for the Summit Avenue Storm water Collection System Improvement project; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Mayor John F. Zisa, be authorized to act as the authorized representative to represent the City of Hackensack, in all matters relating to the project undertaken pursuant to the above referenced New Jersey Environmental Infrastructure Loan to be executed with the New Jersey Environmental Infrastructure Trust. The authorized representative may be contacted at 65 Central Avenue, Hackensack, NJ 07601 Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis RESOLUTION #93 OFFERED BY: TRAMMELL SECONDED BY: MATTEI 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 $ 5,868,279.81 Capital Account 39,770.00 Public Parking System Account 6,108.26 Trust Account 13,980.94 Payroll Agency Account 98,438.26 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 RESOLUTION #94 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the New Jersey Department of Transportation, Transportation Enhancement Program, grants to municipal and county governments assistance in the development of any projects related to surface transportation. WHEREAS, the City of Hackensack desires to obtain a $500,000 grant from the State to fund the Hackensack River Walkway Project, Connecting Recreation, Revitalization and Transportation; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Hackensack That the City of Hackensack hereby authorizes the application for such a grant and upon receipt of the grant agreement from the New Jersey Department of Transportation, Transportation Enhancement Program, authorizes the execution of the grant agreement; Upon receipt of the fully executed agreement from the State, further authorizes the expenditure of funds pursuant to the terms of said agreement between the City of Hackensack and the New Jersey Department of Transportation for the Hackensack River walkway Project; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign the application and agreement and any other documents necessary in connection therewith. Roll Call: Ayes – Mattei, Trammell, Stein, Zisa Absent – Galvis Mrs. Dukes advised the Mayor that the docket was completed. The Mayor thanked her and asked, Mr. Carnevale, the City Attorney and members of Council if they had anything to report. Councilman Stein said the Hackensack Basketball Team is playing for the championship tonight and wished them luck. The Mayor then opened the meeting to the Public for discussion of City business. Geneva Youngblood, 221 Hamilton Place, asked if the Master Plan had been passed. The Mayor advised that it had been passed by the Planning Board and the next step would be the new Zoning Ordinance. She said she hopes the ordinance will reflect what was indicated during the hearings. Len Nix, 83 Elm Avenue, questioned Resolution numbers 86, 92, and the towing and wreckers ordinance. The Mayor, City Attorney and Mr. Stein responded. Mr. Nix also questioned several items on the bill list. He also mentioned several other items including the dumping of dirt and asphalt in an inlet between the DPW property and the Puntasecca property. Eric Martindale, 100 Second Street, asked the status of the Fox Theatre and the Master Plan Map. He said there is a rumor that the City is purchasing the United Water Company property on Van Orden between Target and Fairleigh. Mayor Zisa responded to his comments. He added that the City is not purchasing property from United Water. The City Attorney and Councilman Mattei also made comments. Eric asked if the entire Zoning Ordinance will be done all at once or will it be done in bits and pieces and the time table.  Mayor Zisa replied they hope to be able to do it as one ordinance and if not, it could be in “bits and pieces”. It will not be done sooner than six months. For informational purposes, Eric said he reported a violation to DEP regarding dumping into the Coles Brook. Ted Dunn, 599 Summit Avenue, said he read on a web site that Hackensack University Medical Center is buying homes on the other side of Essex Street toward Kaplan and asked about the tax exempt status if they do. Mayor Zisa explained the tax exempt status as it relates to the hospital, adding that we, the City, have no control. Councilmen Mattei and Stein both made comments regarding the exempt status. Richard Rankin, 430 Union Street, commented on how the deliveries will be made to the Sanzari property. The Mayor and Mr. Mattei replied. Mr. Rankin then asked when does the City plan to start building the walkway in back of the business on River Street and in back of Foschini and Johnson Park. Mayor Zisa said we hired an Engineer and we are waiting for his report. The City Attorney added that the engineer has to come up with a concept and must determine what purchases will be made. Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR JUANITA TRAMMELL ____________________________ COUNCILMAN MARK A. STEIN ___________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN ROGER B. MATTEI ATTEST: ________________________ CITY CLERK