M I N U T E S
March 12, 2002
Mayor Torre stated that the meeting complied with the Sunshine Law, due notice having been made to all members by personal service on January 1, 2002 and 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 Verrastro, Councilman John Wassberg
SALUTE TO THE FLAG AND PLEDGE OF ALLEGIANCE: Mayor Torre led in the Salute to the Flag and Pledge of Allegiance.
COMMUNICATIONS: The following correspondence was received as of this date:
1. Letter from Mayors Celebration Committee inviting the Mayor and Council to the Easter Egg Hunt on Saturday, March 23 at 10 a.m. with a rain date of March 30.
2. Letter from the City of Garfield Health Department regarding the new rate for the Child Health Conference Services.
3. Letter from Senators Robert Torricelli and Jon Corzine regarding FEMA Fire Grant Workshops.
4. HHEA Rau-Fitzgerald 5K Memorial Run Sunday, April 28 at 10:30 a.m.
5. Notice from Contemporary Club of a program entitled "An Afternoon of Music" April 14 at 3 p.m. to benefit the new library.
6. Letter from Hartmann Doherty, LLC, attorney for Hasbrouck House, Inc., Holiday Inn, regarding the proposed ordinance regarding liquor serving hours.
7. Letter to Mayor Torre from Eleanor R. Langevin regarding a municipal activity board.
8. New Jersey Mandatory Water Use Restrictions as of 3/4/02.
9. Letter from Assemblywoman Rose Heck asking for a nominee to be honored during Womens History Month.
10. Letter from James Sabini of Elmwood Park regarding the proposed ordinance regarding liquor serving hours.
A motion was made by Councilman Pepe, seconded by Councilman DiPisa, and unanimously carried, the foregoing Correspondence was accepted.
MINUTES: (January 22, 2002, January 31, 2002, February 12, 2002 and February 19, 2002)
A motion by Councilman Wassberg, seconded by Councilwoman Verrastro, with Councilman Heeren abstaining from the Minutes of January 31, 2002 and February 19, 2002, as he was not in attendance, the foregoing Minutes were approved.
BE IT RESOLVED
that the claims and accounts amounting to $1,463,906.91specified in the schedule hereto
annexed, having been examined and approved by the Finance Commissioner, or his Deputy, be
paid and that warrants be issued therefor.
On a motion by Councilman Pepe, seconded by Councilman DiPisa, and unanimously carried, the foregoing Resolution was adopted.
51. Appointing Craig Ferdinand as Deputy Court Administrator
On a motion by Councilman Pepe, seconded by Councilman DiPisa, and unanimously accepted, the foregoing Consent Agenda Resolutions were approved. (Copies attached.)
53. Dog Licenses - Payment of Fees to State
54. 2001 Appropriation Reserve Transfers
55. Authorizing Introduction of 2002 Budget
56. Authorizing Tonnage Grant Application for 2001
57. Awarding Contract for Procurement of Clay Brick Masonry Units for Use in the Construction of the New Municipal Complex to Progressive Brick Company
58. Authorize Borough Clerk to Advertise for Bids for Radio Maintenance
On a motion by Councilman Wassberg, seconded by Councilwoman Verrastro, and unanimously carried, the foregoing Resolutions were approved. (Copies attached.)
Mayor Torre commented on the Budget introduced this evening, noting that the total appropriations were $12,122,398.89 and the amount to be raised by municipal purposes is $8,608,931. The public hearing would be held on April 9, 2002. This was a preliminary budget and will be addressed over the next month, with cuts to be made. The 2002 Municipal Budget tax rate of 0.996 per $100 of assessed valuation which represented an increase of 9.7 points over the 2001 tax rate. Some of the budget issues were health insurance costs up 22% or $250,000, LOSAP for the Fire Department of $58,650, even with a sewer maintenance and repair program which eliminated $1,000,000 gallons water infiltration, sewer service charges increased by $45,000, bond anticipation notes were opted to be paid to not incur any long term debt, salary increases of approximately $350,000, and interest on investments declined by approximately $32,000. An extraordinary aid application was to be submitted to the State of New Jersey for $730,000. In 2001, 1.12 million dollars in surplus was generated and placed into this years budget, of which $395,000 was left.
RESIGNATIONS: Frank Pagan as a School Crossing Guard
On a motion by Councilwoman Verrastro, seconded by Councilman Heeren, and unanimously carried, the foregoing Resignation was accepted.
ORDINANCE (S) ON INTRODUCTION:
ORDINANCE NO. 1962:
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)" 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 March 26, 2002.
On a motion by Councilman Wassberg, seconded by Councilman Pepe, and unanimously carried, the foregoing Ordinance on Introduction was approved.
ORDINANCE(S) ON PUBLIC HEARING:
opened the meeting to the public for anyone wishing to speak on Ordinance No. 1956,
Ordinance No. 1957, and Ordinance No. 1960. He noted that the purpose of Ordinance No.
1960, regarding the abolishment of the Board of Recreation Commissioners and replacing it
with a Recreation Programs Advisory Committee, was to make this a full department with
more resources and responsibilities. There being no one wishing to speak, the public
hearing was closed.
ORDINANCE NO. 1956:
BE IT RESOLVED that an ordinance entitled "AN ORDINANCE TO AMEND THE SCHEDULE OF DISTRICT USE REGULATIONS OF CHAPTER 275 ENTITLED "ZONING" OF THE CODIFICATION OF ORDINANCES OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS IN RESPECT TO PERMITTED PRINCIPAL USES IN THE B-1 "CENTRAL BUSINESS DISTRICT" ZONE" 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.
ORDINANCE NO. 1957:
BE IT RESOLVED that an ordinance entitled "AN ORDINANCE TO SUPPLEMENT SECTION 275-6 ENTITLED "DEFINITIONS" OF ARTICLE II ENTITLED "WORD USAGE AND DEFINITIONS" OF CHAPTER 275 ENTITLED "ZONING" OF THE
CODE OF THE BOROUGH OF HASBROUCK HEIGHTS SO AS TO INCLUDE AMONG THE WORDS AND PHRASES DEFINED THEREIN THE PHRASE "COMMUNITY-ORIENTED BUSINESS" AS SUCH PHRASE APPLIES TO PERMITTED BUSINESSES IN THE B-1 CENTRAL BUSINESS DISTRICT ZONE" 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.
ORDINANCE NO. 1960:
BE IT RESOLVED that an ordinance entitled "AN ORDINANCE REPEALING CHAPTER 63 ENTITLED "RECREATION COMMISSIONERS, BOARD OF," OF THE CODE OF THE BOROUGH OF HASBROUCK HEIGHTS AND TO REPLACE THE SAME WITH A NEW CHAPTER TO BE NUMBERED CHAPTER 63 ENTITLED "RECREATION PROGRAMS ADVISORY COMMITTEE" ESTABLISHING SUCH A COMMITTEE TO CONSULT WITH THE RECREATION DIRECTOR AND TO ADVISE THE GOVERNING BODY ON MUNICIPAL RECREATIONAL PROGRAMS" 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 DiPisa, seconded by Councilwoman Verrastro, and unanimously carried, the foregoing Ordinances on Public Hearing were approved.
ORDINANCE(S) ON CONTINUED PUBLIC HEARING:
Mayor Torre opened the meeting for anyone wishing to speak on Ordinance No. 1958, Ordinance No. 1959 and Ordinance No. 1961 which were to be continued on public hearing.
Frank DeVito, attorney, who has set up numerous chain restaurants in the metropolitan area and handled liquor license transfers, was asked by Houlihans to represent their objection to the ordinance changing liquor license hours. He presented a letter to the governing body which he read summarizing that Houlihans was an enhancement to the borough, had invested almost two million dollars in this restaurant and that this ordinance could result in a 10% sales hit with a 35-40% negative impact. He read on that the eight or nine valuable businesses should not suffer in an effort to stop a universally unwanted go-go bar and that the bar could be stopped by carefully drafted ordinances and referred to Carlstadts recent closing of such bars. A random survey had been taken of neighboring towns and their closing hours, notably 2 or 3 a.m., which he presented. He continued that hotels and restaurants in the borough would also be affected regarding food service, that allowing a go-go bar to hold a liquor license would make them abide by state ABC laws.
Mayor Torre discussed the closing times and that Hasbrouck Heights was liberal, that it was number one in DWI arrests and that this ordinance had to be looked at. DeVito asked that the hours be comparable to other neighboring towns. Borough Attorney Chandless reported that the borough does have an adult entertainment ordinance, and that he thought the applicant did stipulate to the Planning Board that they would comply with that prohibition.
David Cantando, manager of the Hasbrouck Heights Hilton, was opposed to Ordinance No. 1961 and estimated $463,000 in lost room revenue and an additional $197,000 in lost ancillary revenues, food, telephone, etc., a total of $660,000 annually and would meet with the governing body to discuss the reasoning behind the numbers, estimated layoffs and loss of property value.
Ann McGill, 139 Field Avenue, regarding the parking ordinance, asked that the streets be closed 24 hours a day, and make Henry Street a cul-de-sac. She had seen a lot of problems with the Ground Round, where nobody parked in the parking lot. She was asked if she suggested that no one would park on the streets, and she said no, residents would be given a sticker. For overnight guests, the police department could be called. There are 104 houses on Field and Oldfield which amounts to $500,000 in taxes and asked that they be recognized.
Jerry McGill, 139 Field Avenue, piggy-backed on what his wife had said, noting that the patrons coming out of the go-go bar might be a danger and that no parking should be allowed in the neighborhood and agreed with the cul-de-sac.
Carol Skiba, 191 Field Avenue, had spent 28 hours gathering a petition on Oldfield and Field. She noted how upset the residents were regarding the proposed Bayside Restaurant but also in general regarding speeders who use these streets as a shortcut to Route 17, and the police not always responding when called. Discussing the parking limits on the surrounding streets, she asked what would happen during the day time hours, especially with children, to make the neighborhood safe. She was sympathetic to Houlihans as their parking lot did not butt up to residential homes.
Kurt Hartmann, attorney for Holiday Inn, referring to his letter of March 7 to the Mayor and Council and that the proposed ordinance regarding liquor service hours would have a negative impact on the hotel, especially with regards to banquets, weddings, businesses meetings, room service and to give it great consideration.
Frank Riggi, Heights Saloon owner, that the new ordinance would really hurt them, especially with what they spent in there. They were a little mom and pop place, and asked for consideration of other ways to contain Route 17. He continued that most go-go bars are busy from 4:30 to 11 p.m.
Tim Moots, Heights Saloon owner, referred to when they first purchased the bar and closed it down for some time to change the clientele, and was asked to keep it a clean family place. They had invested over $800,000 into the community and the change of hours would really hurt them and asked for consideration.
Kathy Christiansen, inquired if there was a variance for no adult entertainment in this town, why was this even open for discussion. She was sympathetic to the existing establishments. She referred to a statement made by Mayor Torre regarding being out at 3 a.m. and discussion went back and forth on this issue.
Tom Simcox, 505 Central Avenue, Carlstadt, in the process of moving to Hasbrouck Heights, visited the Heights Saloon and felt it was family oriented. He was a New York City Police Captain and out at 3 a.m. for a drink some times. He also asked for consideration of the hours. He said the Police Department was diligent and felt it was a nice clean town.
ORDINANCE NO. 1958:
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 12, 2002 be continued on public hearing and notice of public hearing on said ordinances to be held at regular meeting of Borough Council on March 26, 2002.
ORDINANCE NO. 1959:
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 12, 2002 be continued on public hearing and
notice of public hearing on said ordinances to be held at regular meeting of Borough
Council on March 26, 2002.
ORDINANCE NO. 1961:
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 12, 2002 be continued on public hearing and notice of public hearing on said ordinances to be held at regular meeting of Borough Council on March 26, 2002.
A motion to continue on public hearing Ordinance No. 1958, Ordinance No. 1959 and Ordinance No. 1961 until March 26, 2002 was made by Councilman Wassberg, seconded by Councilman Pepe, and was unanimously carried.
RECESS FOR CAUCUS
Mayor Torre announced that the meeting would be recessed for Caucus.
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 Mayor and Council Meeting held on March 12, 2002.
Rose Marie Sees