BOROUGH OF HASBROUCK HEIGHTS

M I N U T E S

March 26, 2002

A Regular Meeting of the Mayor and Council of the Borough of Hasbrouck Heights was held on Thursday, March 26, 2002 at 8:00 p.m. at the Masonic Lodge, 200 Division Avenue, corner of the Boulevard, Hasbrouck Heights, New Jersey.

Mayor Torre stated that the meeting complied with the Sunshine Law, adequate notice of this meeting having been made to all members of the Council by personal service on January 1, 2002 and transmitted to The Observer, The Record and The Herald News on January 1, 2002.

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 THE FLAG AND PLEDGE OF ALLEGIANCE: Mayor Torre led in the Salute to the Flag and the Pledge of Allegiance.

PROCLAMATIONS: Marcia Imken as Library Trustee Emeritus

Mayor Torre introduced Marcia Imken and invited her to come up to present her with a Proclamation honoring her as Library Trustee Emeritus which was read into the record by Councilman Wassberg. Mrs. Imken read with emotion from a prepared statement noting her early years as a library page and the many hours she has spent in the "little white library" and looked with excitement to the new library. She thanked the mayor and council for the award. (Copy attached)

PROCLAMATIONS: Parliamentary Law Month

A copy of this proclamation was read into the record by the borough clerk. (Copy attached)

Mayor Torre commented on this Proclamation to the children in attendance that parliamentary law is the basic laws of our country and any civilized society to allow organizations and societies to function properly and civilly.

The Jr./Sr. High School Girls Winter Track Team was honored for its County championship and some of the participants for their Bergen County achievements. Coach Robert Brady, who is also Director of Recreation, was honored as Bergen County Coach of the Year and North Jersey Coach of the Year for Girls Track. Each received a certificate from Mayor Torre and Justin A. DiPisa, commissioner of Recreation. They include Hayley McClean, team captain, honorable mention all county 55 meter hurdles; Christie Della Fave, team captain; Marilyn Gentile, team captain; Heather Nicoletti, 3^rd team all county 400 meter dash, honorable mention all county 300m & 4x400m; Kristina Florio, honorable mention all county 4x400m; Jennifer Cagiao, 2^nd team all county 55 meter dash, honorable mention all county 300m dash; Nicole DeSimone, honorable mention all county 55 meter hurdles; Erica Gagliardi, honorable mention all county 4x400m; Becky Lee, Cherilyn Marfino, 1^st team all county pentathlon; Kelly DellaFave, honorable mention all county 800 meter run & 4x400m; Emmeny Beadle, honorable mention all county triple jump; Lindsey Renna, honorable mention all county shot put; Simona Radu, Suzanne Gipson, Danielle Dussault, Debbie Terragni, and Assistant Coaches Joseph Piazza and Nick Ciccone.

COMMUNICATIONS:

1. Letter from William G. Dressel, Jr. Executive Director of the New Jersey State League of Municipalities regarding legislation that would legalize the use of Project Labor Agreements on public projects and asking for opposition to S-1044.

2. Letter from Robert F. Layton, Tax Administrator for County of Bergen regarding the 2002 taxable values and notice of hearing date.

3. New Jersey Pollutant Discharge Elimination System Basic Industrial Stormwater General Permit Renewal and procedure for comments or to request a public hearing on this draft action.

4. A Legal Update from the partnership for a drug-free New Jersey titled "Ecstasy in the Workplace"

5. From the Office of the Governor:

1. Announcement of his proposal for construction of a State-of-the-Art Training Facility for Law Enforcement Officers.

2. His proposed budget

3. Signing of an executive order establishing the Toll Road Consolidation Commission, the first step toward merging the authorities that run the NJ Turnpike, Garden State Parkway and Atlantic City Expressway

It was asked if the Governing Body wished to have any particular item read into the record. Mayor Torre asked to have Item #1 read into the record (copy attached) noting that Governor McGreevy for his first order of business required that all state construction contracts utilize union labor. He continued that did not apply to municipalities, however municipalities such as ours are required to pay prevailing wage and this letter notes that jobs such as ours here in Hasbrouck Heights would be required to. He deferred this to the labor council and borough attorney for review.

Mayor Torre asked for a vote of the mayor and council stating that all those in favor of opposing legislation as recommended by the League of Municipalities. A motion was made by Councilman Pepe, seconded by Councilman DiPisa, and unanimously carried.

A motion to accept the remainder of the correspondence was made by Councilman Heeren, seconded by Councilman Wassberg, and unanimously carried.

APPROVAL OF MINUTES: None

PETITIONS: None

BILLS:

BE IT RESOLVED that the claims and accounts amounting to $153,724.90 specified in the schedule hereto annexed, having been examined and approved by the Finance Commissioner, or his Deputy, be paid and that warrants be issued therefore.

Signed Andrew Link III
Commissioner of Finance

On a motion by Councilman DiPisa seconded by Councilman Pepe, and unanimously carried, the foregoing Resolution was adopted.

FINANCE AND SANITATION:

Under Finance, Commissioner Link reported that the Current Fund cash balance as of February 28, 2002 was $3,334,391 and at January 31, 2002 was $2,080,109, an increase of $1,254,282. The entire balance was invested and earning approximately 1.85%. Cash receipts for February totaled $3,833,673 of which $3,765,863 was for Current Taxes, $14,449 was Delinquent Taxes, and $53,360 was Miscellaneous Revenues. Cash Disbursements for February totaled $2,577,906 of which $1,134,249 was Local School Taxes, $562,998 was County Taxes, $421,808 was Salaries, and $458,852 was Other Expenses. He reported that the 2002 Municipal Budget was introduced March 12 with the public hearing scheduled for April 9. A copy is available for review in the municipal building. Application was made for $730,000 in Extraordinary Aid to offset the tax increase as introduced and the finance committee would continue to review the budget. Under Sanitation, Commissioner Link reported on the seven collection dates for household hazardous waste collection: Bergen Community College, April 7, June 23 and Sept. 8; Bergen County Utilities Authority, May 11 and August 17; Bergen County Law & Public Safety Institute, July 20 and Oct. 19.

HEALTH, STREETS & TRANSPORTATION & SOCIAL SERVICES:

Under Streets, the Commissioner reported 437 trees were trimmed in Woodland Park and three dead trees removed. Spring planting of 100 street trees had begun, Krimson King Red Maple and Kwanza Cherry trees. When planted the DPW would water, after that residents were requested to water by pail or a hose with a shut-off valve due to water restrictions.

Under Social Services, Commissioner Heeren reported the director was receiving a good number of calls from other welfare agencies, Salvation Army, County Welfare Board, food stamps, rent subsidies, social security and requests for senior bus and senior housing, and most recently Easter distributions. There were several interviews and contributions from Contemporary and Kiwanis Clubs and O’Shea’s Florist were received which would be distributed to townspeople with food certificates and the limited food available. Past clients who now had to go to the County were coming in and saying how good the services were before.

Under Health, he did not have his statistics with him. The monthly meeting was held on March 13 at which time representatives from four local food establishments were asked to attend to discuss some items not up to par. Food handlers courses were also discussed.

Under Recreation, Commissioner DiPisa reported that the Men’s Over 30 Basketball and Adult Coed Volleyball were going well. Girls Softball had two divisions, a 3rd, 4th and 5th grade league designed as an instructional level of play, and 6th, 7th and 8th grade league, more competitive, with four teams in each league. A traveling team was being put together. The recreation director would hold registration for summer camp in April and interview camp counselors in May. New programs to be introduced are Track & Field in early April for 5th-8th grade boys and girls, a Running/Walking Club for all residents which will meet three times a week, and an Adult Coed Basketball League. He continued noting the term "Ready, Set, Relax" which is an effort on the part of all Bergen County towns to set a specific night to be with and for family. Ridgewood was holding their night this evening, and in talking with those involved, the commissioner said it took almost one year for borough officials, club presidents, the board of education, members of the clergy and sports council to get one night with no homework, television or sports, and just to stay at home as a family. He was interested in starting a coalition of residents and asked for volunteers to contact him.

FIRE AND PUBLIC FACILITIES:

Commissioner Pepe gave the Fire Prevention report for February: $35 was billed, 47 local inspections, 14 LHU inspections, 11 re-inspections, 4 LHU re-inspections, one follow up inspection for a total of 59 local inspections and 18 LHU inspections. There were two miscellaneous permits for a total of $70. There were 95 letters sent out, 43 for violations, 43 certificates of inspections, seven notice of violations and two new business registration forms. Fire report for February (Firematic year is 12/1-11/30): Fire Alarms: Hasbrouck Heights, 34 calls, year to date 96; Teterboro 10, year to date 23; mutual aid 0, year to date 2; total for the month 44, year to date 121. Ambulance calls for February: Hasbrouck Heights, 95, year to date 272; paramedic assisted calls 28, year to date 74; Teterboro, 14, year to date 40; paramedic assisted 4, year to date 8; mutual aid, 6, year to date 20; paramedic assisted 1, year to date 6; total 148, year to date 420.

Under Public Facilities, regarding the Municipal Complex on the Boulevard, the footings along the front, Central and Madison Avenues have been formed and poured. A large amount of dirt was moved to Central Avenue which will be used for backfill. The steel re-enforcing rods and forms were relocated. Some of the trenches were cut back to follow OSHA regulations. The forms for basement walls will be going up for the front of the building. The engineer was on site for location and elevation specs. Structural steel drawings were reviewed, shop drawings have come back, and the fabrication will be started. Fifty percent drawings for the Public Safety Building will be reviewed by the building committee and council within the next few weeks. He reminded residents to not drive onto Central Avenue from the Boulevard. Testing of concrete is being done as poured for strength, durability, slump and specifications. Plans and specs for the balance of construction were now being issued to prospective bidders, with 20 sets distributed thus far. The bid opening is scheduled for April 16 at 10 a.m.

POLICE AND LAND USE:

Under Police, Commissioner Verrastro congratulated Sergeant Mullins for the two wonderful D.A.R.E. programs, commending the parents, grandparents and children.

Under Land Use, Commissioner Verrastro reported there were 52 permits issued for January. She reminded residents to please check with the Building Department to see if permits are needed before beginning any construction project. She noted that there was a lot of controversy regarding Krispy Kreme stating that it went before the Zoning Board of Adjustment on January 24, 2002 (prior to its dissolution), not the Planning Board. The applicant’s request was for a 24-hour operation, with distribution from this store, and to replace the building which would be closer to the neighbor’s homes. They were not turned away, they withdraw their application on January 29, 2002.

PARKS:

Under Parks, Commissioner Wassberg reported the numerous upgrades had been completed in Woodland Park. In the playground area, safety mat were installed under the swings, three rides were reinforced with concrete, the carousel was removed and replaced with a tri-rider. Wood carpet was added to the entire play area. Restrooms have been remodeled with new fixtures, partitions and electrical service. Last year the Boy Scouts installed a second section of the walking path which now connects Roosevelt Avenue to Woodland Drive. The final section will be installed this year and encompass the entire park.

Mayor Torre began his report by acknowledging the passing of one of Hasbrouck Heights finest, Sergeant Richard Bruinooge, and offered a moment of silence in his memory.

APPOINTMENTS: Patricia Thomasey to Volunteer Ambulance Squad

Mayor Torre noted that this was a first for Hasbrouck Heights, with a father, 1^st Assistant Fire Chief Robert Thomasey, mother and son, Michael, all serving their Borough in this capacity.

On a motion by Councilman Pepe, seconded by Councilman Wassberg, and unanimously carried, the foregoing Appointment was approved.

RESIGNATIONS: None

Mayor Torre continued he had attended the Department of Transportation meeting regarding the Route 17 corridor with Chief Colaneri and Lieutenant Shihanian and Sergeant Thomas Archer. Essentially the state presented proposals beginning with Hasbrouck Heights and going northbound through Paramus. He asked to have this project started in Hasbrouck Heights especially in light of the flooding along the highway and with Riser Ditch, in particular with Hurricane Floyd and asked for a time line. The Police chief and his department had been continually giving input to the state on this project. A special engineering consultant has been engaged to help resolve some of these problems, as well as Assemblywoman Heck who has been working with the Army Corps of Engineers and Hackensack Meadowlands Commission.

On this agenda was an ordinance to provide for a Recreation Department, making it a full fledged department, giving it the recognition and authority to expand, introduce new and bolster existing programs, and in light of the Senior Center which will be under this department’s auspices. The Easter Egg Hunt was successful and well attended and congratulated chairpersons Donna Villacampa and Marie Kistner, and volunteers. On Thursday, March 28, Andrea Bocker, a planning board member, was to be honored for Women’s History Month by Assemblywoman Heck. Mrs. Bocker is a mother of three children and serves as chief engineer for the George Washington Bridge. He congratulated her on this prestigious award and invited anyone who wanted to attend the event. In conclusion, wished everyone a Happy Easter and Happy Passover.

CONSENT AGENDA: None

On a motion by Councilwoman Verrastro, seconded by Councilman Wassberg, and unanimously carried, the foregoing Consent Agenda Resolution was approved.

RESOLUTIONS:
62. Authorizing Renewal of Bond Anticipation Note

63. Granting Conditional Consent to Handex for the Relocation of Monitoring Wells on the Municipal Complex Site

64. Authorizing Contract with U.S. Engineering for Construction Material Testing and Inspection

On a motion by Councilman Wassberg, seconded by Councilman Pepe, and unanimously accepted, the foregoing Resolutions were approved. (Copies attached)

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, WHICH ORDINANCE IS TO BE COMMONLY KNOWN AS THE "2002" RENT LEVELING ORDINANCE" was 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 April 9, 2002.

BE IT RESOLVED that an ordinance entitled "AN ORDINANCE SUPPLEMENTING THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO INCLUDE THEREIN A NEW CHAPTER ENTITLED "CHAPTER 62, RECREATION DEPARTMENT" ESTABLISHING SUCH A DEPARTMENT, CREATING THE OFFICE OF RECREATION DIRECTOR AND PROVIDING FOR HIS OR HER AUTHORITY AND DUTIES AND PROVIDING FOR THE APPOINTMENT OF ASSISTANTS TO THE SAID DIRECTOR AS MAY BE REQUIRED FROM TIME TO TIME" was 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 April 9, 2002.

On a motion by Councilman Wassberg, seconded by Councilman Pepe, and unanimously carried, Ordinance No. 1963 and Ordinance No. 1964 on Introduction were approved.

Mayor Torre opened the meeting for anyone wishing to speak on Ordinances No. 1958, No. 1959 and No. 1961 which were to be continued on public hearing until April 9, 2002.

BE IT RESOLVED that an ordinance entitled "AN ORDINANCE TO SUPPLEMENT SECTION 261-45 ENTITLED "SCHEDULE XV: PARKING PROHIBITED CERTAIN HOURS" OF CHAPTER 261 ENTITLED "VEHICLES AND TRAFFIC" OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO INCLUDE THEREIN THE PROHIBITION OF PARKING BETWEEN THE HOURS OF 10:00 P.M. AND 2:00 A.M. ON CERTAIN PORTIONS OF CERTAIN PUBLIC STREETS IN THE VICINITY OF ROUTE 17" introduced February 26, 2002 was continued on public hearing on March 12, 2002, and March 26, 2002 with notice of public hearing on said ordinance to be held at regular meeting of Borough Council on April 9, 2002.

BE IT RESOLVED that an ordinance entitled "AN ORDINANCE SUPPLEMENTING CHAPTER 84 ENTITLED "ALCOHOLIC BEVERAGES" OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO INCLUDE THEREIN A NEW ARTICLE TO BE NUMBERED VIII ENTITLED "IDENTIFICATION CARDS FOR CERTAIN PERSONS" introduced February 26, 2002 was continued on public hearing on March 12, 2002, and March 26, 2002 with notice of public hearing on said ordinance to be held at regular meeting of Borough Council on April 9, 2002.

BE IT RESOLVED that an ordinance entitled "AN ORDINANCE AMENDING SECTION 84-6 ENTITLED "CLOSING HOURS" CHAPTER 84 ENTITLED "ALCOHOLIC BEVERAGES" OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO CHANGE THE HOURS DURING WHICH THE SALE OF ALCOHOLIC BEVERAGES UNDER A PLENARY RETAIL CONSUMPTION LICENSE IS PROHIBITED" introduced February 26, 2002 was continued on public hearing on March 12, 2002 and March 26, 2002 and continued on public hearing with notice of public hearing on said ordinances to be held at regular meeting of Borough Council on April 9, 2002.

Frank Rivellini, attorney with the law firm of Francis J. DeVito, who represents Houlihan’s. He referred to Mr. DeVito who had spoken at the last council meeting on Ordinance No. 1961, but that he was present to discuss Ordinance No. 1959 regarding identification cards for employees. Their concerns regarded fingerprinting of waiters, waitresses and bartenders. There is a big turnover of these types of employees and they would not wait around for weeks or months waiting for approval, making it difficult for the restaurant to hire personnel. They requested better clarification of implementation of this ordinance. His comments would be considered.

Ann McGill, 139 Field Avenue, regarding Ordinance No. 1958 regarding parking, asked for 24 hour no parking with stickers for residents. She also commented that if you are standing, sitting or squatting, and you drove in a car, you should be included in parking space requirements.

Tom Meli, 50 Central Avenue, president of the Chamber of Commerce addressed Ordinance No. 1961 and expressed the feeling of the chamber for the seven businesses affected who are chamber members, that restriction of the hours is totally unfair and went on public record saying "we don’t want it done." The mayor agreed that the businesses affected are active and serve the community well.

Mark Polikowski, 474 Ottawa Avenue, works for Houlihan’s, and felt that a lot of the servers would leave as the major portion of their income was due to the late hours customers.

Mayor Torre asked the borough attorney to comment on the background on the intention of Ordinance No. 1959. Borough Attorney Chandless said the purpose was to make certain that the persons dispensing the alcohol were not criminal. It was not intended that it operate immediately. Cards could be issued and be withdrawn if a problem arose. That could be made express in the ordinance.

Gerry McGill, 139 Field Avenue, asked the restaurateurs if in New York City were all staff members cleared by the police department and it was not known.

William Kundert, president of Kundert Volvo, route 17 north, felt any business in town should not be at a disadvantage with neighboring towns.

Carol Skiba, 191 Field Avenue, agreed with the restaurant owners, they shouldn’t be put at a disadvantage, and recommended making the closing consistent with neighboring towns. Regarding parking on Field Avenue, she visited 26 neighboring homes and a lot of them expressed interest in resident parking permits and were not bothered by the hours proposed. Mayor Torre referred to a study that had recently been done and the reasons for not instituting this policy.

Robert Schwab, 167 Field Avenue, opposed the parking ordinance and that he felt other options could be thought of. He felt a different traffic flow should be looked into, possibly closing off Henry with a wall, eliminating any access to Route 17, making a dead end of Field Avenue thus alleviating the speeding problem, and making Oldfield a one way. It was noted since Henry does go into Route 17, it would require DOT approval. The police chief was asked to look into these options.

Robert Schemetz, owner of the Pork Store on the Boulevard, asked the intention of Ordinance No. 1961. It was noted that this ordinance had not been changed in 50 years, it was time to look at it. The hours of other towns were looked at, that the DWI arrests and convictions are the highest in the county for the past three years, and cutting the risk to residents was important.

Maureen Morgan, 238 Washington Place, found it horrifying that the whole lifestyle of the town was being changed for a night club and couldn’t we just say no go go. Mayor Torre said that issue was not before this council, it was before the planning board and all residents were encouraged to attend the planning board meeting of April 3.

Jerry McGill, had an idea why the Ground Round couldn’t be taken by eminent domain and made into a public facility, and was told it was not something that was on the agenda at this time.

Ann McGill, asked if handicapped spots could be put on three or four houses, so people would not park there.

Before opening the meeting to the public on Ordinance No. 1962, Mayor Torre said that the budget would continue to be reviewed and word awaited from the State regarding Discretionary Aid. Mayor Torre opened the meeting to the public for anyone wishing to speak on Ordinance No. 1962. There being no one wishing to speak, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled: "2002 "CAP" ORDINANCE TO EXCEED INDEX RATE; INDEX RATE LESS THAN 5% LIMITATION FOR THE YEAR 2002 (N.J.S.A. 40A:4-45.14) be now passed on second and final reading and the Borough Clerk be and is hereby authorized and directed to publish said Ordinance, same to be published in The Observer, a newspaper circulating and published in the Borough of Hasbrouck Heights.

On a motion by Councilman Wassberg, seconded by Councilman DiPisa, and unanimously carried, the foregoing Ordinance on Public Hearing was approved.

MISCELLANEOUS FROM PUBLIC:
At this point the meeting was open for comments from the public. There being no one wishing to speak, the public portion was closed.

ADJOURN:

There being no further business to be conducted by the Mayor and Council, the meeting was adjourned.

I, ROSE MARIE SEES, 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 March 26, 2002.

Rose Marie Sees, RMC
Borough Clerk

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