City Council

I/ 101 The Regular Meeting of the City Council of the City of Hackensack was held at City Ball, 65 Central Avenue, Hackensack, New Jersey, on Monday, July 17, 1995. Mayor Zisa called the meeting to order at B:os;p.m. and asked everyone to stand for the flag salute. • The Mayor then asked the Deputy City Clerk to call the roll• i ' Present: Councilmen Roger B. Mattei and Jesus R. Galvis ., (present at roll call, but left at 8:40 p.m.) , Councilwoman Juanita Trammell, Deputy Mayor Mark A. Stein, Mayor John, F. Zisa, City Manager James S. Lacava, City Attorney Richard E. Salkin and Deputy City Clerk Anna LaMarche Absent: City Clerk Doris L. Dukes Mrs. LaMarche: "In accordance with the Open Public Meetings Act, Chapter 23 1, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and posting a copy of same on the Bulletin Board in City Hall." Mayor Zisa called for a motion to approve the:minutes of the meeting held on July 3, 1995. Motion was offered by Trammell, seconded by Stein that the minutes be approved as submitted. Roll Call: Ayes - Mattei, Galvis, Stein Abstain - Trammell, Zisa FINAL ADOPTION OF ORDINANCE NO. 12-95 ENTITLED: "AN ORDINANCE 1 AMENDING AND SUPPLEMENTING THE CODE OF THE CITY OF HACKENSACK ' ENTITLED: 'FOOD AND DRINK '"• 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, seconded by Galvis that there be a public hearing. Carried · The Mayor stated that the usual four-minute rule on speaking at the podium will not hold fast tonight and then opened the meeting to the public. He asked if anyone wished to be heard on this' Ordinance. James Sheehan, 29 Orchard Street, owner of ,Sheehan 's Pub, spoke in opposition to the Ordinance. He stated that he does not believe it will accomplish its objective, i.e., prohibiting the sale of cigarettes to minors. Mr. Sheehan supports education and locking devices on vending machines as alternatives .to the ban. Be also stated that this ban would hurt the small businessman. Mayor Zisa said the Council is not looking to �emove the sale of cigarettes in town, just the method in which :cigarettes are distributed, especially to young people. If one child can be saved, then this proposed ordinance will be successful. Keith Bielbelber, attorney representing a number of vending machine companies, opposed the Ordinance stating only 1 1 percent of young smokers rely on vending machine purchases.; He introduced Jack Lamm of C.I.C. who conducted a demonstration on a cigarette machine equipped with a locking device. The machine will only work with a remote control, one sale at a time, qperated by an individual on the premises, e.g., a store owner, bartender, etc. Mayor Zisa was given a copy of a report showing that the U.S. Testing Company had given support to this particular locking device, not "all locking devices".  Councilman Jesus R. Galvis left the meeting at 8:40 p.m. The following individuals spoke in opposition to this Ordinance: Jack Donovan, Willow Avenue, Hackensack P. A. Vasterin, 51 Arcadia Road, Hackensack (bar owner) Ed Silverstein, Little Ferry (vending machine business) Richard Rankin, 430 Union Street, Hackensack Mike Lepre, Fairview (works for vending machine company) Joe Bossolina, Leonia (works for vending machine company) Harold Silverman, Teaneck (vending machine business) Morris Silverman, Springfield (vending machine operator) Howard Perchel, Teaneck (vending machine owner) • John Christ, Hackensack Health Officer, outlined the reasons for the ban of cigarette vending machines. Evelyn Dries, American Cancer Society, distributed packets of information to the Council. She noted that in 84 percent of "stings" conducted by Health Officers around the State, minors were able to purchase cigarettes from vending machines as well as over­ the-counter. Karen Blumenfeld, New Jersey GASP attorney, distributed some information to the Council and noted that studies and "stings" done in Bernards Township and Teaneck, New Jersey, Seattle, Minnesota and Utah showed that "lock-out" devices do not work. The following individuals spoke in favor of"this Ordinance: Kristi Izzo, 142 Spring Valley Avenue, Hackensack Rainer Olster, 144 Union Avenue, Hackensack Robert McClusky, Volunteer for American Cancer Society Mary Konfer, 128 Pine Street, Hackensack Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried • I Mayor Zisa asked if the Council had any comments before continuing. Mr. Mattei stated that the testing was done on one machine and under one circumstance. The statistics and results of those studies done, both in New Jersey and other states, leave a big question as to whether these locking devices can be bypassed in some way. Mr. Stein noted that the demonstration conducted tonight worked beautifully, but was also concerned about other machines with different devices working as well. He agreed with the statement made by the Mayor that "if one child can be saved ", • • • then we have been successful. Resolution #201 OFFERED BY: MATTEI 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. 12-95 entitled: "AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE CITY OF HACKENSACK ENTITLED: ' FOOD AND DRINK' ", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis FINAL ADOPTION OF ORDINANCE NO. 13-95 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT ARTICLE IV, CHAPTER 14, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED: ' COURT PUBLIC DEFENDER ' " . • • 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, seconded by Trammell th;at there be a public hearing. Carried Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Mattei, seconded by Stein that the public hearing be closed. Carried Resolution #202 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City or Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 13-95 entitled: "AN ORDINANCE TO AMEND AND SUPPLEMENT ARTICLE IV, CHAPTER 14, OF ·THE CODE OF THE CITY OF HACKENSACK ENTITLED: 'COURT• PUBLIC DEFENDER'", pass its second and final reading and • . is hereby adopted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #203 OFFERED BY: STEIN SECONDED BY: MATTEI ' BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-003-004 heretofore issued to Grace Magrino, (mailing address) 65 Spring Valley Avenue, Hackensack, N. J. , be extended to Elaine Harris, pursuant to 11 u.s.c. 701 (a) as Interim Trustee/Trustee, Chapter 7, effective July 24, 1995; and ' BE IT FURTHER RESOLVED that the license shall be held by the City Clerk until a Certificate of Occupancy is issued for a licensed premise. 1 1 Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #204 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the New Jersey State Department of Health requires all local health departments to file an annual report each year; and WHEREAS, the annual report for calendar year ·1994 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the annual report as submitted by the Health Officer be and is hereby approved. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #205 OFFERED BY: MATTEI SECONDED,BY: TRAMMELL WHEREAS, the City of Hackensack requires maintenance of its ' typewriters in all departments; and I • WHEREAS, Typinski Van's Business Machines Corp. , 12 Farview Terrace, Paramus, New Jersey 07652, has submitted a proposal in the amount of $3, 081. 00 for the period September 1, 1995 ; to August 31, 1996, which is fair and reasonable; and 1 WHEREAS, the Chief Financial Officer has certified in writing that funds are available from various 273 General Sub-accounts in the 1995 budget and will be available in the 1996 budget, P. O. #89521. NOW, THEREFORE, BE IT RESOLVED that the contract for maintenance of typewriters be awarded to Typinski Van's Business Machines Corp. , pursuant to N. J. S. A. 40All:3 which e�cludes public I I !J bidding on contracts which do not exceed $11,700.00 Roll Call: Ayes - Mattei, Tranunell, Stein, Zisa Absent - Galvis Resolution #206 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law, and the amount thereof was not determined at the time of the adoption of the budget; and ; , WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack, in the County of Bergen, New Jersey, hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget for the year 1995 in the sum of $8,790.23, which item is now available as a revenue from the Driving While Impaired Program (DWI), pursuant to tlie provision of statute; and BE IT FURTHER RESOLVED that the sum of $8,790.23 is hereby appropriated under the caption "Driving While Impaired Program (DWI)II . Roll Call: Ayes - Mattei, Tranunell, Stein, Zisa Absent - Galvis Resolution #207 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, N.J.S.A: 40A-87 provides that the Director of the Division of Local Government Services may approve the insertion of • any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law b and the amount thereof was not determined at the time of the u adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack, in the County of Bergen, New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget for the year 1995 in the sum of $19,095.18, which item is now available as a revenue from the Recycling Tonnage Grant Award Program, pursuant to the provision of statute; and BE IT FURTHER RESOLVED that the sum of $19,095.18 is hereby appropriated under the caption "Recycling Tonnage Grant Award Program". Roli Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #208 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the knowledge of the health consequences resulting from exposures to environmental tobacco smoke (ETS), often termed passive or involuntary smoking, has been supplemented by separate reports by the National Academy of Sciences and the U.S. Surgeon General in 1986; and WHEREAS, these reports concluding that non-smokers' exposure to ETS is hazardous to both children and adults were further supported by an EPA report released in January 1993, entitled "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders"; and  Ill WHEREAS, the EPA has concluded that ETS is a human lung carcinogen responsible for approximately 3,000 lung cancer deaths ' annually in United States non-smokers; and WHEREAS, the 1986 Surgeon General's report on the health consequences of involuntary smoking (US DHHS, 1986a) concluded "the simple separation of smokers and non-smokers wit�in the same air space may reduce, but does not eliminate the exposure of non­ smokers to environmental tobacco smoke"; and WHEREAS, the State Administrative Code N.J.A.C. 5:23-ll.3(a)2 requires that "the air from designated smoking areas shall not be recirculated to non-smoking areas in buildings. covered by the subchapter, 'Buildings Occupied by Public Employees'"; and . , • • WHEREAS, the existing smoking policy of the C � ty of Hackensack allows smoking in certain offices; and ; WHEREAS, the City of Hackensack does not provide separate ventilation which prohibits air from designated smoking areas being recirculated to non-smoking areas in buildings covered by this · subchapter. NOW, THEREFORE, BE IT RESOLVED by the Hackensack City Council that a new policy is hereby established which prohibits smoking in all City-owned buildings occupied by public employees of the City of Hackensack. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #209 OFFERED BY: STEIN SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 14-95 ENTITLED: 0AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 65 OF THE CODE OF THE ! CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'VEHICLES AND TRAFFIC••• SCHEDULE XVI, RIGHT AND LEFT TURN LANE RESERVATIONS'0• BE IT RESOLVED that the above ordinance, being Ordinance No. 14-95 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 7, 1995, at 8:00 p.m., or as soon thereafter as the matter can be reached at the regular meeting p �ace of the City Council, and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of .its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered f9r final passage. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #210 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, N.J.S.A. 40:5-4 requires the governing body of every local unit to have made an annual audit of its bo9ks, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the y�ar 1994 has been filed by a Registered Municipal Account with the Municipal Clerk as per the requirements of N.J.S. 40A:S-6 and a copy has been received by each member of the governing body; and WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribed reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each munic'ipality shall by resolution certify to the Local Finance Board of 1the State of New Jersey, that all members of the governing body have reviewed, as a I minimum, the sections of the annual audit entitled: General Comments and Recommendations; and WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit and specifically the sections of the Annual Audit entitled: General Comments and Recommendations, as evidenced by the group affidavit form of the governing body; and WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit as provided by the Local Finance Board; and WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the Local governing body to the penalty provisions of R.S. 52:27BB- 52 to wit: R.S. 52:27BB-52 - "A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director of Local Government Services under the provisions of this Article shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1, 000.00) or imprisoned for not more than one year, or both, and in addition shall forfeit his office." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968, and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Resolution #211 OFFERED BY: TRAMMELL 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: General Account $1, 373, 525.40 Public Assistance II Account 22, 852.41 Capital Account 43, 484.43 Public Parking System Account 5, 236.63 Payroll Agency Account 260, 964.13 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 - Mattei, Trammell, Stein, Zisa Absent - Galvis .... . ,•  //3 Mrs. LaMarche advised the Mayor that the Docket was completed. Mayor Zisa thanked the Deputy City Clerk, and 1then opened the meeting to the public for discussion of City business. , Mr. Mattei left the meeting at 10:45 p.m. Mike Lepre, Fairview, works for a cigarette vending machine company, spoke on the passing of the ordinance ba'nning cigarette vending machines in the City. He felt the Council was being unfair to only part of the industry and described the vote as "performing ' 'li an abortion". He agrees that cigarette smoking is bad for everyone and does not want to see the sale of cigarettes to minors. The locking devices do work and would solve the problem. The ban should be across the board - ban the sale of cigarettes , in the City. The Mayor commented that he appreciated the :turnout and the views of all. The first reading of this proposed ordinance was several weeks ago and the Council did not receive ahy documentation from the vending machine representatives. At the e'leventh hour, we were handed one report, which was not thorough. Mr. Salkin reminded Mr. Lepre that "your orga tjization has been on notice by the Supreme Court that the municipalities could do this". Harold Silverstein, Teaneck, owner of a c,tgarette vending machine business, said he would sue the City concerning the passing of this ordinance. Mr. Salkin advised the Council not to comment '. further based on Mr. Silverstein's statement. Motion offered by Stein, seconded by Trammel t that the public hearing be closed and the meeting be adjourned. Carried (11:05 • p.m.) DEPUTY MAY � IN ATTEST: DEPUTY�Y CLERK