BOROUGH OF HASBROUCK HEIGHTS

M I N U T E S

April 28, 1998

A Regular Meeting of the Mayor and Council of the Borough of Hasbrouck Heights was held on April 28, 1998 at 8:00 p.m. in the Council Chambers of the Municipal Building, 248 Hamilton Avenue, Hasbrouck Heights, New Jersey.

Mayor Torre stated that the meeting complied with the Sunshine Law, due notice having been made to all members of the Council by personal service on January 1, 1998 and transmitted to The Observer, The Record and the Herald News by mail on January 2, 1998.

ROLL CALL: Present: Mayor William J. Torre, Councilman Andrew Link III, Councilman Herbert D. Heeren, Councilman Justin A. DiPisa, Councilman Garrett R. Pepe, Councilwoman Marlene Verrastro, Councilman John Wassberg

Absent: None

SALUTE TO FLAG: Mayor Torre led in the Salute to the Flag.

COMMUNICATIONS: None

APPROVAL OF MINUTES: None

PETITIONS: None

BE IT RESOLVED that the claims and accounts amounting to $84,572.06 specified in the schedule, having been examined and approved by the Finance Commissioner, or his Deputy, be paid and that warrants be issued therefor.

Signed Andrew Link III/Commissioner of Finance

On motion by Councilwoman Verrastro, seconded by Councilman Pepe, and unanimously carried, the foregoing Resolution was approved.

FINANCE & LAND USE:

Councilman Link reported that for the month of March the Zoning Office collected $5,800 in fees with a value of construction of $271,000. There were 67 permits issued, 36 for building, 13 for plumbing, 11 for electric, 1 for fire protection, 4 for driveways and 2 for fences, 8 certificates of zoning compliance were issued, 5 for one family homes and 3 for commercial properties, 16 contractor registrations/renewals and 63 inspections made, 44 for permits and 19 for zoning. Under Finance, the current fund cash balance as of March 31st was $854,000 all of which was invested, earning approximately 5.5% in interest. Cash receipts for the month totalled $1,484,000 of which $116,000 was from current taxes, $45,000 from prior year's taxes, $1,200,000 from investments, $55,000 from state aid and grants and $67,000 from miscellaneous revenues. Cash disbursements totalled $1,889,000 of which $983,000 was for local school taxes, $462,000 for debt services, $364,000 for salaries and $78,000 for other expenses.

POLICE:

Councilman Heeren reported that for the month of March there were 861 calls for service through the police desk, 118 via 911. 500 summons were issued. 351 were for parking violations, 272 being for overnight parking.

FIRE & PUBLIC FACILITIES:

Under Fire, Councilman DiPisa reported that as of last week, Hackensack University Medical Center paramedics are no longer stationed at the Municipal Building Firehouse apron due to a change in hospital policies. Over the past few weeks, some of the fire hydrants have been tested to ensure that the valves can be opened in the event of an emergency. This is also done on a regular basis to check the water pressure, to remove debris and be alerted of any needed repairs. Residents may experience discoloration of their water, but this does not constitute any health hazards because it is only temporary. The water company will be doing the testing from now on and will notify residents ahead of time. Under Public Facilities, the roof on the salt shed located at the Department of Public Works garage sustained damage this past winter with many shingles needing to be replaced, therefore repairs will begin next week with a new roof being added to the storage area where salt spreaders are kept.

SANITATION & WELFARE:

Under Sanitation, Councilman Pepe reported that as of January 1, 1999, aerosol cans will no longer be collected with bottles and cans. They will be disposed of with regular trash. Under Welfare, for the month of March there were 11 cases at the beginning of the month, 2 new cases, 2 cases closed, 4 cases pending at the end of the month, 18 cases serviced, 8 referrals to other services, 10 conferences with hospitals and other agencies, 3 food distributions from the pantry, 17 GA48 reports, 4 GA6 reports, 4 finger imagings and total monies expended was $1,295. Mayor Torre commended Welfare Director Lee Kulakowski who has been employed by the Borough for many years. He complimented the way she has adapted to all the changes that have taken place over the years with many new procedures being added and commended her for saving the Borough many dollars by not only using Borough tools, but by using her own instincts. He described her as being irreplaceable.

HEALTH & RECREATION:

Under Health, Councilwoman Verrastro reported that for the month of March there were 8 births reported, 39 burial permits issued, 64 dog licenses issued, 45 total deaths reported, 6 being residents, 6 food licenses issued, 2 vending machine licenses issued and 8 marriage licenses issued. The Department received 187 calls for the month. As of May 1st, the Borough will be sharing health services with Elmwood Park. Under Recreation, she announced the dates and times of upcoming registrations for recreation programs.

STREETS, TRANSPORTATION & PARKS:

Councilman Wassberg reported that Williams Ave. was resurfaced from the Boulevard to Route 17. This improvement was funded through the Bergen County resurfacing program. Burton Ave., between Williams and Passaic, will be resurfaced this summer. Also included in this project will be the construction of barrier free curb ramps at all intersections where they do not currently exist. All improvements will be funded through the State. The spring planting of 101 trees has been completed. The Department of Public Works is in the process of removing 32 trees that have died. Since the summer of 1996, the Department has trimmed more than 4,000 trees. For the month of April, there were 8 sidewalk and 2 apron permits issued.

REPORT OF MAYOR:

Mayor Torre said adoption of the Municipal budget is scheduled for May 26th. He said the Budget Committee has worked very hard to lower the budget increase of 6.8 points as of its introduction. He said this has been very difficult as the Borough lost 18 million dollars in ratables over the last two years due to tax appeals. On a positive side, there have been increases in revenue this year as a result of the sale of municipal assets, an increase of $196,000. Spending has been cut in many areas and the budget amendment on tonight's agenda reflects those changes. We cut our expenses in sanitary landfill costs by $80,000. Garbage and trash salaries have been cut by $28,000 and sewer salaries were cut by $18,000. The adoption of a master plan revision to revitalize the downtown area has been postponed until next year, saving $25,000. The reserve for uncollected taxes was cut by approximately $35,000. The end result of these cuts is that the amount to be raised by taxes for local purposes is now $7,739,129, as compared to last year which was $7,479,037, an increase of approximately $260,000 or 3% to 3 1/2%. Municipal appropriations is amended to $10,893,754.09 as compared to $10,551,750.83 for 1997. This figure is not final yet. The Borough has applied for state aid and is hopeful that discretionary aid will be received to further reduce this increase. He said he is confident that this budget does not result in any loss of municipal services nor cuts to municipal employees.

Confirmation of Joseph Taylor as Captain of Engine Company One

On motion by Councilman DiPisa, seconded by Councilman Pepe, and unanimously carried, the foregoing confirmation was made.

Resignation: Richard Kubler, Captain, Engine Co. One

On motion by Councilman DiPisa, seconded by Councilman Pepe, and unanimously carried, the foregoing resignation was accepted with regret.

Resignation: Karen Olobardi, Board of Health Member

Mayor Torre commended Ms. Olobardi on a fantastic job as a Board Member and for serving the Borough unselfishly. He commented on what a great loss her leaving will be.

Councilwoman Verrastro reiterated the same sentiments.

On motion by Councilwoman Verrastro, seconded by Councilman Wassberg, and unanimously carried, the foregoing resignation was accepted with regret.

Appointments: John Rocha to Ambulance Auxiliary

Greg Rubino to Hook & Ladder

On motion by Councilman DiPisa, seconded by Councilman Pepe, and unanimously carried, the foregoing appointments were made.

Mayor Torre entertained a motion to authorize the Borough Engineer to prepare the necessary documents to release the retainage for the Courtyard Improvement project to Matina and Son. On motion by Councilman Heeren, seconded by Councilwoman Verrastro, and unanimously carried, the release of the retainage was approved.

CONSENT AGENDA: 64. Granting of Raffle License - Aviators Soccer Club

On motion by Councilwoman Verrastro, seconded by Councilman DiPisa, and unanimously carried, the foregoing Resolution on the Consent Agenda was approved. (Resolution attached).

RESOLUTION:
65. Authorizing Agreement to Become Member of North Jersey Intergovernmental Insurance Fund

66. Reimbursements of Wrestling Uniform Deposits

67. Authorizing Sale of Unclaimed or Borough Owned Property no Longer Needed for Public Use

68. Introduction of 1998 Budget Amendment

69. Authorizing DPW Contract for 1998 - 2000

70. Resolution Regarding School Referendum

On motion by Councilman Link, seconded by Councilwoman Verrastro, and unanimously carried, the foregoing Resolutions were adopted. (Resolutions attached)

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO PROVIDE FOR THE ACQUISITION OF A GARBAGE TRUCK WITH A 25 CUBIC YARD PACKER FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS OF THE BOROUGH OF HASBROUCK HEIGHTS, TO APPROPRIATE THE TOTAL SUM OF $120,000.00 THEREFOR AND TO AUTHORIZE THE FINANCING OF A PORTION OF THE COST THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL BOND LAW BY THE ISSUANCE OF BONDS OR NOTES NOT TO EXCEED THE TOTAL SUM OF $105,000.00" introduced this date be and the same is hereby passed on first reading and the Borough Clerk be directed to advertise notice of public hearing on said Ordinance to be held at the regular meeting of the Borough Council on May 26, 1998 at 8:00 p.m.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO PROVIDE FOR THE ACQUISITION OF AN AMBULANCE FOR THE USE OF THE FIRE DEPARTMENT OF THE BOROUGH OF HASBROUCK HEIGHTS, TO APPROPRIATE THE TOTAL SUM OF $100,000.00 THEREFOR AND TO AUTHORIZE THE FINANCING OF A PORTION OF THE COST THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL BOND LAW BY THE ISSUANCE OF BONDS OR NOTES NOT TO EXCEED THE TOTAL SUM OF $95,000.00" introduced this date be and the same is hereby passed on first reading and the Borough Clerk be directed to advertise notice of public hearing on said Ordinance to be held at the regular meeting of the Borough Council on May 26, 1998 at 8:00 p.m.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO STABILIZE AND REGULATE RENTS WITHIN THE BOROUGH OF HASBROUCK HEIGHTS AND TO ESTABLISH A RENT BOARD" introduced this date be and the same is hereby passed on first reading and the Borough Clerk be directed to advertise notice of public hearing on said Ordinance to be held at the regular meeting of the Borough Council on May 13, 1998 at 8:00 p.m.

On motion by Councilman Pepe, seconded by Councilman DiPisa, and unanimously carried, the foregoing Ordinances for Introduction were approved.

ORDINANCE(S) FOR PUBLIC HEARING:

Mayor Torre opened the meeting to the public for anyone wishing to speak on Ordinance Nos. 1813, 1814, 1815, 1816 and 1817.

Joseph Carrao, owner of Wayne Vending and President of the New Jersey Amusement and Music Operators Association (AMOA), came forward and spoke in reference to Ordinance No. 1816. He requested that the ordinance be tabled in order that his associates and himself could come before the Governing Body and

show that there is a way to prevent minors from accessing cigarettes from vending machines without a total ban on these machines, i.e. remote locking devices, whereas the machine is locked and cannot be used until the owner of the premises/or employee turns the machine on for the adult patron to use. After the patron uses the machine, it again is locked. Mayor Torre discussed the hazards of cigarettes and said for the past three years, this Governing Body has made a very positive attempt to protect the children of the Borough and are doing so by the adoption of this ordinance.

On motion by Councilman Pepe, seconded by Councilman DiPisa, and unanimously carried, to not table this ordinance and to continue the public hearing.

Kathleen Krivak, 145 Burton Ave., came forward and asked for an explanation of Ordinance No. 1813. Borough Attorney Ralph Chandless said this ordinance extends the rear yard on a corner lot. Councilman Pepe said this ordinance allows corner lots to have a larger backyard, whereas in the past, backyards were confined to the building structures themselves and a fence could not be past the building. This now allows the fence to be brought out to the line, therefore increasing the use of backyards on corner lots which in most cases were subjected to smaller backyards.

John Goehrig, 27 Division Ave., came forward and asked if Ordinance No. 1813, would create houses with no backyards, such as what he claimed was the case by a newly built house on the corner of Lincoln and Terrace. Mayor Torre said the dimensions of the house will not change.

There being no one else wishing to speak, Mayor Torre closed the public hearing on said Ordinances.

ORDINANCE NO. 1813:

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO AMEND CHAPTER 275 ENTITLED "ZONING" OF THE CODIFICATION OF ORDINANCES OF THE BOROUGH OF HASBROUCK HEIGHTS BY MODIFYING SECTION 275-15C THEREOF PERTAINING TO THE DESIGNATION OF REQUIRED YARDS OF CORNER LOTS TO PROVIDE THAT THE REAR YARDS THEREOF EXTEND THE ENTIRE WIDTH OF SUCH LOTS" be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance according to law, together with notice of final passage and approval of said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO SUPPLEMENT CHAPTER 275 ENTITLED "ZONING" OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO ADD TO SECTION 275-21 THEREOF ENTITLED "REGULATIONS GOVERNING CERTAIN ACCESSORY STRUCTURES AND USES" SO AS TO ADD THERETO REGULATIONS GOVERNING THE COMMERCIAL FILMING OR TAPING OF COMMERCIAL MOVIES, ADVERTISEMENTS, SHOWS OR OTHER SUCH COMMERCIAL PRODUCTIONS UPON ANY PREMISES IN THE BOROUGH" be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance according to law, together with notice of the final passage and approval of said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE TO SUPPLEMENT THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO PROVIDE THEREIN A NEW CHAPTER NUMBERED 137 ENTITLED "FILMING OR TAPING OF CERTAIN COMMERCIALS, MOVIES, ADVERTISEMENTS, SHOWS OR OTHER SUCH PRODUCTIONS, LICENSING" REGULATING THE OPERATION OF SUCH UNDERTAKINGS REQUIRING A LICENSE THEREFOR, AND FIXING THE FEE OR FEES FOR THE SAME" be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance according to law, together with notice of the final passage and approval of said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE SUPPLEMENTING ARTICLE I ENTITLED "GENERAL REGULATIONS" OF CHAPTER 198 ENTITLED "PEACE AND GOOD ORDER" OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO PROHIBIT THE SALE OF TOBACCO PRODUCTS THROUGH A VENDING MACHINE, TO PROHIBIT VENDING MACHINES CONTAINING TOBACCO PRODUCTS FOR SALE UPON ANY PREMISES OPEN TO THE PUBLIC AND TO IMPOSE CERTAIN ADDITIONAL PENALTIES FOR THE VIOLATION THEREOF" be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance according to law, together with notice of the final passage and approval of said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

BE IT RESOLVED that an Ordinance entitled "AN ORDINANCE PURSUANT TO N.J.S.A. 40:8A-5 et seq. TO AUTHORIZE A CONTRACT WITH THE BOROUGH OF ELMWOOD PARK TO PROVIDE DULY LICENSED PERSONNEL TO CARRY OUT CERTAIN PUBLIC HEALTH SERVICES FOR ONE YEAR COMMENCING ON MAY 1, 1998" be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance according to law, together with notice of the final passage and approval of said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

Councilman Pepe motioned, seconded by Councilwoman Verrastro, to adopt the foregoing Ordinances on Public Hearing. There were all ayes except for Councilman Heeren who voted no on Ordinance No. 1813.

MISCELLANEOUS FROM PUBLIC:

John Goehrig again came forward and complained about traffic on the Boulevard. He complained that there are not enough pedestrian crosswalks or "slow" signs on the street. He said he considers himself a quick walker and complained that he cannot make it across the Boulevard by Williams Ave. before the light changes. He said stores are empty on the Boulevard because shop owners park their vehicles on the Boulevard leaving no parking for shoppers. Mayor Torre said they were hoping to post signs informing drivers to yield to pedestrians at crosswalks but then were informed by the State that these signs are projectiles and if a vehicle were to hit one, the Borough could be sued. Mayor Torre said he is aware that there are problems on the Boulevard and they are trying to enforce the speed limit and are looking into other things. Councilman Pepe said the Chamber of Commerce is getting heavily involved with the problems of store owners parking on the Boulevard.

Former Mayor/Assemblywoman Rose Heck came forward and recommended that while looking into painting crosswalks, they should also consider painting parking space markers as was in the past, allowing more vehicles to park. She said the Chamber of Commerce will be holding a meeting at which a State representative will be present to offer suggestions on what the Borough can do to bring new businesses into the community. Assemblywoman Heck also praised Board of Health Member Karen Olobardi on all the work she has done for this Borough. She said she will be having a meeting with Councilman Pepe, Councilwoman Verrastro and Councilman DiPisa on parks and open spaces in the Borough and will be applying for funding for these areas. As Editor of The Observer, she offered the Mayor and Council space in the paper on a once a month basis to spread information instead of sending out the Borough newsletter and use the money saved towards the improvements of parks. Mayor Torre asked how many subscribers of the paper there were. Ms. Heck said almost 3,000 papers are printed every week and they constantly getting new subscribers. She requested that when the tax forms are sent that a notice about the property tax freeze for senior citizens also be sent making it known. She suggested lowering the rents for businesses on the Boulevard in order that they remain in the Borough. Mayor Torre said the Borough's newsletter is an official unedited publication that goes to every single household in the Borough. Ms. Heck said that every bit of money spent can add up to a tax point. Mayor Torre said the newsletter is unbiased and not subject to advertising. There are not any reporter's opinions or misleading statements. Ms. Heck said she has never received a complaint from the Mayor in the past. Mayor Torre stated otherwise. He reiterated that the newsletter reaches every household and The Observer does not.

Frances Visco, 42 Kipp Ave., came forward and implored the Mayor and Council to reconsider their position of not taking a stand on the school referendum as a public body as they are looked at leaders of the community and their opinion means something. Ms. Visco said she is in favor of the referendum for additions being made to the school as she felt it would be best for the community and students. Mayor Torre said the Council has chosen to go their own individual ways and they may not agree on this issue.

Kathleen Krivak again came forward and recommended putting in speed bumps on the Boulevard to slow down traffic. She complimented the improvements made to the Boulevard traffic circle and the work the Design District Committee did with the Rite Aid property.

There being no one else wishing to speak, Mayor Torre closed the meeting to the public.

CLOSE FOR PERSONNEL & LEGAL:

WHEREAS, the Mayor and Council desire to meet for the purpose of Personnel and Legal; and

WHEREAS, the Open Public Meeting Law does specifically authorize a public body to exclude the public from a meeting for certain specified purposes;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Hasbrouck Heights that a closed meeting shall take place immediately and said meeting shall be closed to the public and to the press. The results of the discussion of the closed meeting will be released to the public when the reasons for discussing and acting on the subject matter set forth above no longer exists.

Motion to go into Private Session was entertained, motioned, seconded and carried.

ADJOURN:

There being no further business to come before the Mayor and Council, the meeting was adjourned.

I, BARBARA MALDONADO, Borough Clerk of the Borough of Hasbrouck Heights, do hereby certify that the foregoing Minutes are to the best of my knowledge a true account of the Regular Meeting held on April 28, 1998.

Barbara Maldonado, RMC

Borough Clerk

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