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, August 18, 2003 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 – Councilmen Mark A. Stein and Jesus R. Galvis, 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. (Mrs. Trammell excused herself from the meeting at 8:20 PM.) Absent – Deputy Mayor 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 August 4, 2003. Motion offered by Councilwoman Trammell and seconded by Councilman Stein that the minutes be approved as submitted. Carried. RESOLUTION #234 OFFERED BY: TRAMMELL SECONDED BY: STEIN FINAL ADOPTION OF ORDINANCE NO. 10-2003 ENTITLED: AN ORDINANCE TO CREATE A SPECIAL IMPROVEMENT DISTRICT PURSUANT TO N.J.S.A.40:56-65, ET. SEQ. TO BENEFIT THE MAIN STREET AREA, GENERALLY LOCATED BETWEEN MERCER STREET AND EUCLID AVENUE WITHIN THE CITY OF HACKENSACK; AND DESIGNATING A DISTRICT MANAGEMENT CORPORATION TO PROVIDE COORDINATED PROMOTION, MANAGEMENT, BUSINESS RETENTION, BUSINESS RECRUITMENT AND OTHER SERVICES TO THAT DISTRICT. SAID ORDINANCE TO BE ADDED TO THE “CODE OF THE CITY OF HACKENSACK, NEW JERSEY,” AS CHAPTER 147. Mayor Zisa stated that this ordinance has been advertised pursuant to law and that a Notice of Mailing stating that all those concerned had been notified would become part of these proceedings and be on file and now calls for a public hearing, however, he reiterated that he would not be voting due to his control of an entity that operates property on Main Street. He then asked if someone would so move. Motion offered by Stein and seconded by Trammell that there be a public hearing. Carried. PUBLIC HEARING Mr. Jerry Lombardo stated that he has been a business owner on Main Street for thirty years and that he had been invited to prior meetings with reference to Main Street but that he had reservations as to costing him more money, etc., however, as he attended the meetings they held his interest and he became chairman of the group. Mr. Lombardo further stated that the creation of the Special Improvement District is a step in the right direction and that special improvement districts are a tool created by the State of New Jersey for towns in an effort to turn “Main Streets” around. He also stated that other towns have done this and have been very successful. Mr. Padazopolous, 72 Broadway, stated that Mr. Lombardo had some good ideas and that he hopes that Main Street will soon look like Cedar Lane in Teaneck. Mr. Gerald Nackman stated that he owns two apartment buildings, 5 Pangborn Place and 70 Anderson Street and that the community needs a special improvement district. Accordingly, Mr. Nackman urged the council to pass this ordinance as Hackensack is the center of Bergen County and forty years ago the stores on Main Street were a pleasure. Mr. Ted Dunn, 599 Summit Avenue, applauds the efforts for the special improvement district, stating that it is long overdue. Mr. Dunn also questioned whether or not the Economic Development Commission had reviewed this and made recommendations. Mayor Zisa stated yes, that it had been discussed for several years. Mr. Peter Tucci stated that he is a member of the Economic Development Commission and that he has personally traveled to Red Bank, Englewood and Teaneck to research their special improvement districts and that at the present time over forty municipalities have adopted same. Mr. Tucci further stated that this effort is long overdue and that Hackensack shouldn’t miss this opportunity. Mr. Ed Decker, the owner of Musically Yours, 283 Main Street, stated that this is extremely important for the City of Hackensack. He stated that he used to come to Main Street for music lessons as a child and that he commends the Mayor and Council for all of their efforts on Main Street and River Street. Mr. Decker also stated that Hackensack has so much more than any other City, different ethnic groups, etc., however Main Street has been stuck in a time warp. Mr. Decker was also proud to announce that Jerry Somes of Somes Uniforms had moved his business from Route 17 in Paramus to Hackensack. In conclusion, Mr. Decker encouraged the Council to vote in favor of the ordinance. Motion offered by Trammell and seconded by Galvis that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 10-2003 ENTITLED: AN ORDINANCE TO CREATE A SPECIAL IMPROVEMENT DISTRICT PURSUANT TO N.J.S.A. 40:56-65, ET. SEQ. TO BENEFIT THE MAIN STREET AREA, GENERALLY LOCATED BETWEEN MERCER STREET AND EUCLID AVENUE WITHIN THE CITY OF HACKENSACK: AND DESIGNATING A DISTRICT MANAGEMENT CORPORATION TO PROVIDE COORDINATED PROMOTION, MANAGEMENT, BUSINESS RETENTION, BUSINESS RECRUITMENT AND OTHER SERVICES TO THAT DISTRICT. SAID ORDINANCE TO BE ADDED TO THE “CODE OF THE CITY OF HACKENSACK, NEW JERSEY,” AS CHAPTER 147 pass its second and final reading and is hereby adopted. Roll Call: Ayes – Galvis, Trammell, Stein Absent – Mattei Abstain – Zisa  Councilman Galvis stated that before he voted he wanted to congratulate the Economic Development Commission and the members of the committee who worked on the Special Improvement District for their efforts which are a positive sign that people of this caliber believe in Hackensack. Mayor Zisa stated that although he was abstaining from the vote he also wanted to congratulate the core group that has worked on the formation of the Special Improvement District. He further stated that the City could never go down this path without the property owners that have led the way. RESOLUTION #235 OFFERED BY: STEIN SECONDED BY: TRAMMELL FINAL ADOPTION OF ORDINANCE NO. 12-2003 ENTITLED: "AN ORDINANCE AUTHORIZING THE IMPOSITION OF A MUNICIPAL HOTEL AND MOTEL OCCUPANCY TAX AS AUTHORIZED BY P.L.2003, c.114.” Mayor Zisa: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Stein and seconded by Trammell that there be a public hearing. Carried. PUBLIC HEARING Motion offered by Stein and seconded by Trammell that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 12-2003 ENTITLED: "AN ORDINANCE AUTHORIZING THE IMPOSITION OF A MUNICIPAL HOTEL AND MOTEL OCCUPANCY TAX AS AUTHORIZED BY P.L. 2003, c. 114” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Galvis, Trammell, Stein, Zisa Absent – Mattei RESOLUTION #236 OFFERED BY: GALVIS 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 $ 901.00 238 8,C17E1 Vera, Elizabeth & Santos, Ernest J. 2003 ERR PMT Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #237 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, there exists outstanding checks in the total amount of $11,875.42, issued on various accounts of the City of Hackensack which have remained outstanding for more than one year; and  WHEREAS, the Chief Financial Officer wishes to cancel said checks and return said funds to the various accounts of the City; NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer be and is hereby authorized to cancel the outstanding checks in the total amount of $11,875.42 and return said funds to the balances of the various City bank accounts. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION: 238 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack has been advised that an emergency occurred, affecting the safety and welfare of the citizens of the City of Hackensack and the general public when a sanitary sewer collapsed on Gracie Place and became inoperable; and WHEREAS, the Project Manager had notified the City Manager of the circumstances of this emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sanitary sewer to full operation; and WHEREAS, the cost of the repairs total $9,190.65 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #3-10-530-204 of the Current Budget. Purchase Order #135794. 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, and the vendor, J. Fletcher Creamer and Son, 101 East Broadway, Hackensack, New Jersey, 07601, be paid therefore. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #239 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, Senate Bill S-2516 would prohibit the use of schools as polling places in all elections, thus forcing all Municipal Clerks to relocate current polling places to new locations; and WHEREAS, most of the City of Hackensack’s polling places are housed in schools; and WHEREAS, all of Hackensack’s voting districts are within residential neighborhoods, thereby restricting the choice of alternative sites for polling places; and, WHEREAS, Hackensack does not have sufficient space that is accessible to the public in the buildings it owns to house the polling locations; and,  WHEREAS, finding suitable new locations would cause hardships on Municipal Clerks by requiring them to find new locations that conform to existing criteria, including requirements that locations be ADA compliant, in close proximity to all voters within the district, and willing to accept a $20.00 rental payment for each election; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack, County of Bergen and State of New Jersey do hereby strongly oppose the passage of Senate Bill S-2516, and urge the State Legislature to oppose it as well; and, BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Bergen County Clerk, the Bergen County Board of Elections, the Bergen County Superintendent of Elections, District 39 State Legislators, and all Bergen County Municipalities. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #240 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that Louis J. Garbaccio be and is hereby appointed as a member of the Bergen County Community Development Committee on behalf of the Mayor and City council for a one year term, effective July 1, 2003 through June 30, 2004; and BE IT FURTHER RRESOLVED that Raymond N. Carnevale be and is hereby appointed to serve as his alternate during the one year term. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #241 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Planning Board be and hereby is authorized to undertake a preliminary investigation as to whether the area contained in Tax Blocks 82 and 100 H, in the general vicinity of Essex and Green Streets in the City of Hackensack, qualifying as a redevelopment area pursuant to N.J.S.A. 40A:12A-5. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #242 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, certain temporary budget appropriations have exceeded the amount that is finally appropriated in the City’s adopted CY 2003 Annual Municipal Budget; and WHEREAS, it is necessary for the Mayor and City Council to formally cancel said temporary budget appropriations that exceed the final adopted budget; and WHEREAS, the following is a listing of such over budget temporary budget appropriations, Elections Other Expenses $ 425.00 Community Development Consultants Other Expenses 11,250.00  DPW Administrative Other Expenses 112,675.00 Public Employees Retirement System 15,475.00 NOW, THEREFORE, BE IT RESOLVED, that the temporary budget appropriations listed above be hereby cancelled and that one certified copy of this resolution be filed with the Director of Local Government Services. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #243 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack has received funds from the New Jersey Department of Transportation for improvement to Green Street from Essex Street to the Township of South Hackensack border; and WHEREAS, the agreement executed between the City of Hackensack and the New Jersey Department of Transportation set a date of December 11, 2002 for the award of a contract for this work; and WHEREAS, the City has requested and received from the New Jersey Department of Transportation an extension of time for the award of a contact on this project to August 31, 2003; and WHEREAS, due to on going problems with the timing of the funding ordinance for this project, the City will be unable to award a contract by this date; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that they hereby request from the New Jersey Department of Transportation an extension of time for award of a contract on said project to August 31, 2004. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #244 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the City of Hackensack has received funds from the New Jersey Department of Transportation for the improvement of Church Street/Moore Street from Court Street to East Mercer Street in the City of Hackensack; and WHEREAS, the Agreement executed between the City of Hackensack and the New Jersey Department of Transportation set a date of December 18, 2001 for the award of a contract for this project; and WHEREAS, the City has previously requested and received from the New Jersey Department of Transportation an extension of time for the award of a contact on this project to December 31, 2003; and WHEREAS, due to an ongoing project to replace the New York Susquehanna and Western Railroad Bridge over River Street where Moore Street serves as a primary detour route for River Street traffic as well as an access route for construction vehicles it is not practical to undertake any road improvements until that project is complete; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that they hereby request from the New Jersey Department of Transportation an extension of time for award of a contract on said project to August 31, 2004. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #245 OFFERED BY: STEIN SECONDED BY: GALVIS 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 $3,536,375.75 Capital Account 39,914.19 Public Parking System Account 7,217.44 Trust Account 4,244.73 Payroll Agency Account 223,574.52 State Unemployment Insurance 12,089.61 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, Stein, Zisa Absent – Mattei, Trammell RESOLUTION #246 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the City of Hackensack requested proposals for Recyclable Paper and Commingle Materials to be received on July 16, 2003; and WHEREAS, bids were received from Joseph D’Amato Paperstock Corp., All American Recycling Corp. and Zozzaro Brothers; and NOW, THEREFORE, BE IT RESOLVED that the contract for Recyclable Paper and Commingled Material Disposal be awarded to Joseph D’Amato Paperstock Corp., the lowest bidder, effective September 1, 2003. Roll Call: Ayes – Galvis, Stein, Zisa Absent – Mattei, Trammell Ms. D’Auria advised the Mayor that the docket was completed. The Mayor thanked her and asked the City Manager and the members of the Council if they had anything to report. They did not. The Mayor opened the meeting to the public for discussion of City business. Mr. Padazopolous, 72 Broadway, stated that he thought the Mayor took offense several months ago on his statement that complaints go in one ear and out the other ear with reference to the church bell. The Mayor stated that he had investigated this matter and that he was told that the bells do not ring at 6:00 a.m. and that he has no power to stop the bells from ringing and also that he has not heard that complaint from anyone else. Mr. Padazopolous also stated that people are still putting out garbage on Sunday morning to be picked up on Monday morning. The Mayor stated that trash should not be put out prior to 6:00 p.m. on Sunday evening and that he will check into this. Mr. Padazopolous further stated that he thinks there has been interference from the Police Department with reference to the barking dog situation. The Mayor suggested that he take a video or an audio and sign a summons against the offender. Beulah Carr, 62 Green Street, spoke with reference to her concerns about Green Street, including potholes and speeding. Mr. Stein suggested that she speak directly with Mr. Lacava after the meeting. Ted Dunn, 599 Summit Avenue, asked various questions with reference to the Economic Development Commission and the Mayor replied that the Commission had been in existence for four years and that it is an advisory board not a formal board. As such, they do not fall under the sunshine law therefore there is no reason to advertise their meetings. The Mayor further stated that the members are chosen by the Council and they do not have to be residents of Hackensack. As no one else wished to be heard, a motion was made by Councilman Galvis and seconded by Councilman Stein that the meeting be adjourned. (Carried 9:10 p.m.) __________________________ MAYOR JOHN F. ZISA ____________________________ _ DEPUTY MAYOR ROGER MATTEI ____________________________ COUNCILWOMAN JUANITA TRAMMELL ___________________________ _ COUNCILMAN JESUS R. GALVIS ___________________________ COUNCILMAN MARK A. STEIN ATTEST:_______________________ ACTING CITY CLERK