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, October 21ST, 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 Ms. D’Auria to call the roll. Present – Councilman Jesus R. Galvis, Deputy Mayor Mark A. Stein, Councilwoman Juanita Trammell, Mayor John F. Zisa, City Manager, James S. Lacava, Acting City Clerk Debra A. D’Auria and City Attorney Richard E. Salkin. Absent – Councilman Roger B. Mattei Ms. D’Auria: "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 October 7th, 2002. Motion offered by Deputy Mayor Mark Stein and seconded by Councilwoman Juanita Trammell that the minutes be approved as submitted. Carried. RESOLUTION #315 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, a Bergen County Community Development Grant has been proposed by the following: $ 31,933.00 – Alliance Against Homelessness of Bergen County for housing; and $ 32,625.00 – American Red Cross for their Fire Safety Mobil Unit for the Community Disaster Education Program; and $250,200.00 – Bergen County Community Action Program as follows: a. Child Development Center of Hackensack $ 70,000 b. Bergen County Homeless Shelter 132,000 c. BCCAP Headquarters Maintenance & Repair 48,200 $60,000.00 – Bergen County Division of Family Guidance – Dept. of Human Services – Sojourner’s Place; and $121,000.00 – Bergen County Housing Coalition for Tenant Outreach and Guidance Project; and $120,000.00 – Christ Church Community Development Corporation for Peter’s Place Safe Haven/Next Step Program; and $ 11,500.00 – Community Resource Council for Helpline Service First; and $ 60,000.00 – F.A.I.T.H. Foundation for 86 State Street Boutique – work for homeless; and $310,000.00 – Fair Housing Council of Northern New Jersey for Discrimination/Housing Counseling – Fair Housing Council; and $ 53,062.00 – Heightened Independence and Progress (HIP) for Project “Outreach” to Disabled Minorities; and  $ 67,000.00 – Martin Luther King, Jr., Senior Center, Inc. as follows: a. Intergenerational Afterschool Program $34,000 b. Program Coordinator/Program Supplies $33,000 $ 25,000.00 - Project Literacy U.S. (PLUS) for Administration; and $ 18,000.00 – Volunteer Center of Bergen County, Inc. for Chore Service $150,000.00 – Christ Church Community Development Corporation, Peter’s Place Funding; and $ 99,900.00 – New Jersey Friendship House, Group Home Renovation Project; and $ 41,228.00 – Hackensack C.A.R.E.S., Inc., Salaries for Home Visitors, Student Assistants and a Child Care Teacher WHEREAS, pursuant to the State Inter-local 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 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 #321 OFFERED BY: STEIN SECONDED BY: GALVIS RESOLUTION CONFIRMING THE DETAILS OF THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2002, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,014,050. OF THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN, NEW JERSEY, TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY PURSUANT TO THE 2002 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM WHEREAS, the City of Hackensack (the “Local Unit”), in the County of Bergen, New Jersey, has determined that there exists a need within the Local Unit to construct the Project (the “Project”) as defined in each of that certain Loan Agreement (the “Trust Loan Agreement”) to be entered into by and between the Local Unit and the New Jersey Environmental Infrastructure Trust (the “Trust”) and that certain Loan Agreement (the “Fund Loan Agreement”, and together with the Trust Loan Agreement, the “Loan Agreements”) to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the 2002 New Jersey Environmental Infrastructure Trust Financing Program (the “Program”); WHEREAS, the Local Unit has determined to finance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the Trust (the “Trust Loan”) and the State (the “Fund Loan”, and together with the Trust Loan, the “Loans”) pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively: WHEREAS, to evidence the Loans, each of the Trust and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit’s General Obligation Bonds, Series 2002, to the Trust in an aggregate principal amount of $490,000(the “Trust Loan Bond”) and General Obligation Bonds, Series 2002, to the State in an aggregate principal amount of $524.050 (the “Fund Loan Bond”, and together with the Trust Loan Bond, the “Local Unit Bonds”) pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the “Local Bond Law”), other applicable law, the Loan Agreements and the Escrow Agreement dated September 5, 2002 (the “Escrow Agreement”) by and among the Trust, the State, the Local Unit and the escrow agent named therein; WHEREAS, N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law allows for the sale of the Trust Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the Trust Loan Bond to the Trust, without any public offering, all under the terms and conditions set forth herein; and WHEREAS, in accordance with the terms of the Escrow Agreement, the Trust has sold its bonds to fund the Trust Loan, thereby enabling the Local Unit to confirm the exact aggregate principal amount of and debt service schedule for the Local Unit Bonds. NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Local Unit as follows: Section 1. The sale of the Trust Loan Bond to the Trust and the Fund Loan Bond to the State is hereby confirmed. The Trust Loan Bond shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the principal loan amount, interest rates and maturity schedule set forth in Schedule A attached hereto and made a part hereof. The Fund Loan Bond shall be released from escrow in accordance with the terms of the escrow Agreement and thereby issued in accordance with the maturity schedule set forth in Schedule B attached hereto and made a part hereof. Section 2. This resolution shall take effect immediately. Section 3. Upon adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to DeCotiis, FitzPatrick, Gluck & Cole, LLP, bond counsel to the Local Unit, and Richard Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #322 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 $ 661.48 604 17 Philogene, Cynthia 2002 NJ Saver 750.00 541 1,C005I Richards,Robert & Antoinette 2002 ERR PMT 19.46 144B 12 Puzio, Matthew & Diana 2002 ERR PMT 1,770.00 567 1E Berkshire Abstract & Title Agency 2002 ERR PMT $76.00 to Fabricio L. Haz, 280 Union Street, Apt. 205 for return of Bail. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #323 OFFERED BY: GALVIS 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 an overpayment of 2001 taxes in the amount of $572.00 on Block 329, Lot 10 to 2002 unpaid taxes as per the property owner, St. Paul Lodge No. 7. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #324 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the United States Department of Transportation, Federal Highway Administration regulations requires that all City employees required to possess a Commercial Driver’s License to operate City vehicles shall be subject to periodic and random alcohol and controlled substance testing effective 1995; and WHEREAS, these regulations stipulate that a City employee testing positive shall receive professional counseling by a Substance Abuse Professional at the direction of a Medical Review Officer; and WHEREAS, the North Jersey Medical Management Services, Inc., LLC, affiliated with the Hackensack University Medical Center offers an Employee Assistance program specifically designed to address substance abuse problems at a fixed annual fee not to exceed $8,220.00 per annum; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding, and the contract itself must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with North Jersey Medical Management Services to perform services for the period effective October 1, 2002 through September 30, 2003. 2. That this contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5-(1) of the Local Public Contracts law because same is expressly excluded from competitive bidding and without public advertising for bids as an authorized exception. 3. That a notice of this resolution be published once in The record; and BE IT FURTHER RESOLVED that the Chief Financial Officer has Certified that funds are available from Account No. 2-10-291-284 in an amount not to exceed $8,220.00 of the Current Fund. P.O.#130997 Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #325 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, a grant application has been prepared for the Livable Communities Pilot Program and is ready for submission to the New Jersey Department of Transportation; and WHEREAS, the Mayor and Council lend their full support to this application, NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to execute said application and that it be submitted to the New Jersey Department of Transportation. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #326 OFFERED BY: GALVIS SECONDED BY: STEIN 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 $ 7,019,523.25 Public Parking System Account 153,135.72 Capital Account 20.00 Trust Account 34,044.38 Payroll Agency Account 106,471.52 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 RESOLUTION #327 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk:  RA:1678 – Temple Israel Community Center Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #328 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-060-003 heretofore issued to The Stealth, LLC, 604-606 Main Street, Hackensack, New Jersey, be transferred to The Stealth, LLC, 164 Main Street, Hackensack, New Jersey, effective October 21, 2002; and BE IT FURTHER RESOLVED that the applicant has complied with Sub-Chapter 7 of the New Jersey Administrative Code. BE IT FURTHER RESOLVED the License shall be held by the City Clerk until a Certificate of Occupancy has been issued by the Department of Community Affairs. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 17-2002 ENTITLED: “AN ORDINANCE TO AMEND CHAPTER 170, SECTION 71E OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “VEHICLES AND TRAFFIC. . .RESIDENTS ONLY ON-STREET PARKING” Mayor Zisa: “This ordinance has been advertised pursuant 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 Galvis that the public hearing be closed. Carried. RESOLUTION #329 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. 17-2002 entitled: "AN ORDINANCE TO AMEND CHAPTER 170, SECTION 71E OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “VEHICLES AND TRAFFIC. . . RESIDENTS ONLY ON- STREET PARKING”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 18-2002 ENTITLED: “AN ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO PETERS ROAD” Mayor Zisa: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Galvis, seconded by Trammell, that there be a public hearing. Carried. Mayor Zisa asked if anyone present wished to be heard on this ordinance. Eric Martindale, 100 Second Street, asked if these streets are being purchased by adjacent property owners. The City Attorney advised that there are expenses being paid and that these streets will become tax-paying properties. Mr. Martindale questioned the acreage of both streets and Mr. Salkin advised that they are in excess of a third of an acre. Motion offered by Stein, seconded by Galvis that the public hearing be closed. Carried. RESOLUTION #330 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. 18-2002 entitled: “AN ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO PETERS ROAD”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 19-2002 ENTITLED: “AN ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF BERRY STREET” Mayor Zisa: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Galvis, seconded by Stein that there be a public. Carried. Mayor Zisa asked if anyone present 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 #331 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. 19-2002 entitled: “AN ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF BERRY STREET”, pass its second and final reading and is hereby adopted. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #332 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the Bergen County Prosecutor has issued a directive that all attorneys substituting for regularly appointed Municipal Prosecutors must be approved and appointed by the Governing Body; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the following “substitute” Municipal Prosecutors be and hereby are approved and appointed: 1. As to Hackensack Municipal Prosecutor, HENRY J. AMOROSO, ESQ.:  A. BRUCE BRAENDER, ESQ., 155 Polifly Road, Hackensack, New Jersey. B.PAUL POTENZA, ESQ., 155 Polifly Road, Hackensack, New Jersey. 2. As to Assistant Municipal prosecutor, VINCENT P. TROVINI, ESQ.: A. TRACY NUNNO, ESQ., 45 Essex Street, Hackensack, New Jersey; B. STEVEN SCHECTER, ESQ., 0-100 27th Street, Fair Lawn, New Jersey BE IT FURTHER RESOLVED that the responsibility for compensation for the appearances of any of the aforesaid “Substitute Municipal Prosecutor” shall be borne by the Prosecutor or Assistant Prosecutor. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #333 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, a land use application has been pending before the Planning Board of the Borough of Paramus pertaining to the property known as Block 701, Lots 125 and 7, Block 803, Lot 2, Block 801, Lot 1, bearing a street address of “Bergen Mall”, Route 4 and Forest Avenue, Paramus, New Jersey; and WHEREAS, because of the site’s proximity to the City of Hackensack and Borough of Maywood, those Municipalities actively participated in the many hearings as objectors to the aforesaid land use application (commonly known as “The Sears Great Indoor Application”); and WHEREAS, as a result of the final amendments to the land use application depicted in a plan prepared by Bohler Engineering, Watchung, New Jersey, dated October 4th, 2002, the concerns of the Borough of Maywood were sufficiently addressed, so as to cause that Municipality to drop its opposition to the application; and WHEREAS, as a result of an agreement by Simon Properties, the owner of the Bergen Mall properties to provide the City of Hackensack with a Deed restriction to be reflected in any Resolution of approval issued by the Planning Board of Paramus creating a 75’ “No Principal Building Area” measured from any existing Hackensack residences to the Simon property should the acreage adjacent to the Hackensack boundary be the subject of development; and WHEREAS, said agreement shall also serve to commit the City of Hackensack to dropping its present opposition to the application and precluding any future municipal opposition to any proposed development consistent with said agreement; and WHEREAS, it is the perception and belief of the Mayor and Council that such an agreement is in the best interests of the people of Hackensack and particularly those residents in the area of the western termini of Catalpa, Willow, and Davis Avenues; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that any and all actions necessary to effectuate the aforedescribed resolution and settlement be and hereby are authorized, approved, and ratified; and that the City attorney and any other appropriate City Official be and hereby are authorized to execute and document or undertake any act to effectuate same. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei Ms. D’Auria advised the Mayor that the docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of the Council if they had anything to report. They did not. Mayor Zisa reported that Police Lieutenant Tomas Padilla was sworn in as a Bergen County Freeholder earlier today. The Mayor wished him well. Mayor Zisa also advised that last week a new type of transportation came into Hackensack, a test run of the Colorado railcar which is a single unit diesel train that can run on freight lines. The Mayor doesn’t know how long it will be before these trains are running on the Susquehanna line, however, he is looking forward to seeing passenger service running east and west in the future. The Mayor opened the meeting to the public for discussion of City business. Eric Martindale, 100 Second Street, questioned the resolution regarding the Sears property in Maywood and requested a copy of same which was given to him by City Attorney Richard Salkin. Mr. Martindale claimed that the City had “sold out” the property owners whose property borders this area, however, Mr. Salkin assured him that this was not the case and Mayor Zisa added that as a result of this resolution, the City was able to protect Hackensack property owners from future development by Paramus. Mr. Martindale also questioned the status of some vacant lots at Second and Atlantic Streets where the Medical Center had torn down houses. Mayor Zisa advised that in the event that the Medical Center is in violation of any ordinances that appropriate measures will be taken. Mr. Martindale also stated that Hackensack needs a stronger ordinance with reference to property that is not immediately developed after demolition of existing structures and he offered to research applicable ordinances from other municipalities for consideration by the Council. Richard Rankin, 430 Union Street, voiced his objections with reference to “insider information”, people who use inside information to make money. Mr. Rankin said he was offended that the taxpayers are not considered first and that he saw Mr. Salkin at a Freeholder’s meeting last week and that he was most likely protecting Mayor Zisa’s interests and not the interests of the citizens of Hackensack. Mr. Rankin went on to state that a complete investigation should be conducted. At this point in the meeting the City Attorney requested a one minute recess. When the meeting reconvened, Mr. Rankin went on to state that he is concerned about Johnson Park and questioned when work will be completed at that location. The Mayor indicated that environmental engineers are currently working on the design. Mr. Rankin also questioned why the City hasn’t done anything to All American Ford for polluting the river. Motion offered by Deputy Mayor Stein, seconded by Councilwoman Trammell that the meeting be adjourned. Carried (8:50 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR MARK STEIN ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN ROGER B. MATTEI ATTEST: ________________________ ACTING CITY CLERK