April 9, 2013 - Minutes - Open Session Meeting - Home

April 9, 2013 - Minutes - Open Session Meeting

Date: April 9, 2013

 

MINUTES OF THE OPEN SESSION MEETING OF
THE TEANECK TOWNSHIP COUNCIL
HELD IN THE MUNICIPAL BUILDING CHAMBERS ON
TUESDAY, APRIL 9, 2013
 
MAYOR’S ANNOUNCEMENT                                                                                                                                                                                 
Adequate notice of this meeting has been provided by Resolution 283-12, setting the 2013 meeting dates, sending a copy to THE RECORD and THE JEWISH STANDARD, filing a copy in the Township Clerk’s Office and posting it on the Municipal Building bulletin board, and the Mayor hereby directs that this statement be included in the minutes.
 
ROLL CALL
Present:           C. Parker (arrived at 7:18 p.m.), C. Stern, D.M. Gussen, C. Pruitt, C. Katz   (arrived at 7:18 p.m.), C. Schwartz (arrived at 7:43 p.m.), Mayor Hameeduddin.
Absent:            None. 
Also Present:   W. Broughton, Township Manager; J.L. Evelina, RMC, Township Clerk;
                        Stanley Turitz, Esq. & William Rupp, Esq. - Ferrara, Turitz, Harraka & Goldberg,
                        P.C.
 
MOTION TO GO INTO CLOSED SESSION
The Township Clerk read Resolution A/#82-2013, authorizing the Council to enter into Closed Session into the record.
 
Having adopted Resolution A/#82-2013, Deputy Mayor Gussenmade a motion to close the meeting to the public to discuss matters concerning interviews of advisory board applicants, prospective security procedures, legal issues and negotiations. Seconded by Mayor Hameeduddin and carried by the following vote:
 
In Favor:         C. Parker, C. Stern, D.M. Gussen, C. Pruitt, C. Katz, C. Schwartz,
                        Mayor Hameeduddin.
Opposed:         None. 
Absent:            C. Parker (at time of vote), C. Katz (at time of vote), C. Schwartz (at time of                                 vote).
 
CLOSED SESSION DISCUSSION
 
MOTION TO RETURN TO OPEN SESSION
 
PLEDGE OF ALLEGIANCE
Mayor Hameeduddin called the Open Session Meeting of the Teaneck Township Council to order 8:00 p.m. and asked all present to please rise for the Pledge of Allegiance.
 
Present:           C. Parker, C. Stern, D.M. Gussen, C. Pruitt, C. Katz, C. Schwartz, Mayor Hameeduddin.
Absent:            None. 
Also Present:   W. Broughton, Township Manager; J.L. Evelina, RMC, Township Clerk;                                        I. Abbasi, Executive Assistant to the Manager; J. Jackson, Senior Clerk;
                        S. Turitz, Esq. - Ferrara, Turitz, Harraka & Goldberg, P.C.
 
MAYOR’S ANNOUNCEMENT
Adequate notice of this meeting has been provided by Resolution 283-12, setting the 2013 meeting dates, sending a copy to THE RECORD and THE JEWISH STANDARD, filing a copy in the Township Clerk’s Office and posting it on the Municipal Building bulletin board, and the Mayor hereby directs that this statement be included in the minutes.
 
The Mayor informed the public with respect to the upcoming Council Meeting, Town-Wide Garage Sale, Confidential Document Shredding Day, Recycling Seminar; and the matters discussed during Closed Session.
 
PRESENTATIONS
None.
 
PUBLIC HEARING AND ADOPTION OF ORDINANCES
The Township Clerk read the title of the following Ordinance into the record:
 
ORDINANCE NO. 7-2013 – ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.
 
ORDINANCE NO. 8-2013 - AN ORDINANCE AMENDING SECTION 27-3 OF CHAPTER 27, “PARKS AND PLAYGROUNDS,” OF THE CODE OF THE TOWNSHIP OF TEANECK TO PERMIT UNLEASHED DOGS WITHIN PHELPS PARK AND TO ESTABLISH RULES AND REGULATIONS THEREFOR
 
ORDINANCE NO. 9-2013 - AN ORDINANCE AMENDING SECTION 36-11.2 OF DIVISION 1 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE DELETING RESTRICTED ON-STREET PARKING SPACES FOR HANDICAPPED FROM A PORTION OF OGDEN AVENUE
 
ORDINANCE NO. 10-2013 - AN ORDINANCE AMENDING SECTION 36-8 OF DIVISION 1 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ESTABLISHING ANGLE PARKING ALONG THE SOUTH SIDE OF A PORTION OF STATE STREET
 
The Mayor inquired whether any member of the Council had any comments respecting these ordinances prior to opening the public hearing.
 
No member of Council commented.
 
The Mayor declared that the public hearings on the above ordinances were now open. Any members of the public wishing to be heard on any of said ordinances or to ask questions concerning said ordinances may come forward and state their name and address for the record. Comments or questions shall be limited to five minutes per person.
 
No member of the public commented.
 
There being no persons wishing to speak concerning said ordinances, the Mayor declared that the public hearing on these ordinances were now closed.
 
D.M. Gussen moved to pass the above Ordinances on second and final reading and adopt. The Township Clerk is hereby authorized and directed to advertise same according to law. Seconded by C. Katz.
 
The Mayor inquired whether any member of the Council had any comments respecting these ordinances.
 
No member of Council commented.
 
There being no further comments, the Mayor called on the Township Clerk for a roll-call vote.
 
Roll Call.
In Favor:         C. Parker, C. Stern, D.M. Gussen, C. Pruitt, C. Katz, C. Schwartz, Mayor Hameeduddin.
Opposed:         None.
Absent:            None.
Abstained:       C. Schwartz – Ordinance No. 8-2013.
 
The Mayor declared that said ordinances were duly adopted.
 
MEETING OPEN TO THE PUBLIC FOR GOOD AND WELFARE AND
 PUBLIC INPUT ON ANY MATTERS ON THIS AGENDA
 
The Mayor inquired whether any member of the Council had any comments prior to opening the meeting to any comments from the public.
 
No member of Council commented.
 
The Mayor declared that any members of the public wishing to be heard at this time shall come forward and state their names for the record. Comments shall be limited to five minutes per person.
 
Richard, The Friends of the Hackensack River Greenway in Teaneck – raised the group’s issues with the proposed Holocaust Memorial and Educational Center in Andreas Park.
 
Mohammed D. – raised his issues with the proposed Holocaust Memorial and Educational Center in Andrea Park.
 
Usher Goldstein – raised his issues with Blue Laws and traffic structures in the vicinity of Queen Anne Road.
 
Itza Barach & Yoni (son) – requested a repeal of the chicken ban.
 
Art Vatsky – supported repeal of the chicken ban; and raised issues with the 4-day work week and costs associated with Votee Park project.
 
Josh Levy – raised his issues with the recent adoption of the resolution pertaining to guns.
 
Dr. Quershi – spoke about his offer to purchase property, located next to his home; made reference to the auctions held in connection with his offer; raised his issues with the minimum bid requirement; and expressed interest in purchasing the property, maintaining the property and paying taxes on the property.
 
Janice Preschel – provided information with respect to the upcoming event, Taste of Teaneck, organized by the Rotary Club.
 
Alex Rashin – spoke about a recent fire at a Teaneck residence; and raised his issues with response time and the Fire Department not removing a car at his suggestion during the emergency.
 
Tom Abbott – raised his issues with the ordinances pertaining to the dog park and cap bank, as well as, the order in which same was placed on the agenda.
 
Gwen Acree – raised her issues with the proposed Holocaust Memorial.
 
Izzy Soloman – raised his issues with street lighting.
 
Naomi Cramer – raised her issues with the proposed Holocaust Memorial and the costs associated with the Votee Park project.
 
Alan Sohn – raised his issues with tax burden and costs reserved for same; and requested reductions in the budget.
 
Barbara Toffler – raised her issues with the four-day work week.
 
Charles Powers – suggested a revaluation be conducted; and raised his issues with the information reflected in the minutes.
 
Margo Fisher – suggested that the proposed Holocaust Memorial and Educational Center promote positivity.
 
Howard Rose – supported suggestion from previous speaker with respect to the repeal of the chicken ban; expressed support for the Teaneck Fire Department and its response times; and raised his issues with blue laws, comments of a previous speaker regarding the Second Amendment to the Constitution, and the budget.
 
There being no further persons wishing to speak at this time, the Mayor declared that the public comment portion of the meeting was now closed.
 
Mayor Hameeduddin requested that ordinances from other communities be gathered with respect to the authorization of chickens on private property. 
 
D.M. Gussen commended the child who spoke in favor of repealing the chicken ban and expressed support to explore the matter further.
 
C. Katz suggested that the recommendations of the Health Officer also be collected regarding same.
 
Mayor Hameeduddin informed that street lighting changes were made by PSE&G. In response to Dr. Qureshi, he suggested that Dr. Qureshi correspond with the Manager and Council. Also, Mr. Turitz will review the file pertaining to Dr. Qureshi’s offer to purchase property. With respect to the 4-day work week, he advised that Council returning to a five-day work week unilaterally could result in the AFSCME Union filing litigation, and negotiations are pending. He also suggested that the proposed Holocaust Memorial will enhance the Township.
 
C. Katz advised that the proposed Holocaust Memorial and Educational Center project is not a Council project and only being discussed at this time. He spoke of the importance of uniting the community.
 
 C. Stern spoke about the increased traffic and pedestrian flow on Queen Anne Road. He requested that the Manager contact the Traffic Bureau and the County to ascertain ways to better safety in that area.
 
Mayor Hameeduddin advised that the Blue Law is a state issue, and in times when PSE&G requires police presence, PSE&G incurs the costs for same.
 
C. Pruitt suggested that chickens are not an issue but roosters as a result of noise. He also suggested that comments by all be carefully delivered when discussing the proposed memorial.
 
C. Schwartz advised that he was on the scene at the residential fire referred to by a member of the public. He spoke about the potential causes of delays in response time, such as dialing 9-1-1 versus your local authorities directly and the absence of smoke detectors. He commended the Fire Department and advised that when there is a fire in progress, the focus will be on putting out the fire and saving lives. He expressed opposition to the purchase of a facility to house vehicles at this time. 
 
Council and the Manager discussed the impact of the tax appeals on prior and future budgets.
 
C. Parker commended the child who spoke in support of repealing the chicken ban for his presentation and research and suggested that Council properly research the matter prior to reversing any ordinance. She questioned the total cost of the dog park, and Manager Broughton advised that the costs associated were approximately $19,000.00. In response to Mr. Abbott, C. Parker advised that the order of items on the agenda has not changed.
 
Manager Broughton responded to Mr. Abbott and advised that the cap bank did not exceed percentage but the cap bank is still available for use.
 
C. Parker seconded the Mayor’s sentiments with respect to the four-day work and is looking forward to an update as to when the Municipal Building will return to five days.
 
D.M. Gussen responded to Mr. Abbott in response to his comments about the dog park and provided the 7-year history of the project.
 
The Mayor inquired whether any member of the Council or the Manager wished to respond to the public comments or whether a member of the Council wished to remove any item from the Consent Agenda and have a separate discussion thereon.
 
No member of Council commented.
 
 
CONSENT AGENDA
All matters listed below are considered to be routine in nature by Council and will be enacted by one motion. There will be no separate discussion of these items. If any discussion is desired by Council, that particular item will be removed from the Consent Agenda and will be considered separately.
 
RAFFLES
All subject to approval and conditions applicable with the Legalized Games of Chance Control Commission and pursuant to State Statute.
1.         RA #1344 – Ben Porat Yosef – On Premise Merchandise Raffle - $20.00.
2.         RA #1355 – St. Peter Academy – Casino Night - $100.00.
 
MINUTES
March 5, 2013 – Open Session Meeting (Absent: C. Parker).
March 19, 2013 – Open Session Meeting.
 
RESOLUTIONS
B/83-2013       Authorize 2012/2013 Municipal Consent Pursuant to Special Ruling – Liquor                                 License No. 0260-33-015-005 – World of Wings.
C/84-2013       Refund Taxes Pursuant to State Tax Court Decision – Various – 2010-2012.
D/85-2013       Refund Taxes Pursuant to State Tax Court Decision – Various – 2010-2012.
E/86-2013       Award Professional Services Contract – Genova, Burns, Giantomasi & Webster –                          Labor Counsel Services – 2013.
F/87-2013        Authorize Purchases and Installment of Signs – Teaneck Historic Burial Ground.
G/88-2013       Authorize Submission of Recycling Tonnage Grant Application – NJDEP – 2012.
H/89-2013       Authorize Agreement – Steven Winter Associates, Inc. – Local Government                                  Energy Audit Program.
 
BILL LIST
The Township Clerk read the amount of the Bill List into the record ($4,234,278.92 ).
 
D.M. Gussen moved to approve the Consent Agenda, including Raffles, Minutes, Resolutions and the Bill List and to dispense with the reading of same inasmuch as it has been posted on the bulletin board all day. Seconded by C. Stern.
 
Mr. Turitz advised there is a pending change to the year reflected on the proposed Historic Burial Ground Sign in connection with Resolution F/87-2013.
 
The Mayor called on the Township Clerk for a roll-call vote.
 
Roll Call.
In Favor:         C. Parker, C. Stern, D.M. Gussen, C. Pruitt, C. Katz, C. Schwartz, Mayor Hameeduddin.
Opposed:         None.
Absent:            C. Katz (at time of vote).
Abstained:       C. Parker – All Minutes & Bill List; D.M. Gussen – Bill List No. 13-03013;                                    Mayor Hameeduddin – 3/19/13 Minutes.
Recused:         C. Pruitt – Resolution B/83-2013.     
 
The Mayor declared whether said items were passed.
 
INTRODUCTION OF ORDINANCES
Township Clerk to read the titles of the following Ordinances into the record:
ORDINANCE NO. 12-2013 - AN ORDINANCE AMENDING SECTION 36-19 OF DIVISION 2 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE DELETING PROHIBITED PARKING BETWEEN 2:00 A.M. AND 7:00 A.M. ON A PORTION OF TEANECK ROAD
 
ORDINANCE NO. 13-2013 - AN ORDINANCE AMENDING SECTION 36-12 OF DIVISION 2 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ADDING PROHIBITED PARKING AT ALL TIMES ON A PORTION OF TEANECK ROAD AS REQUESTED BY ADJOINING PROPERTY OWNERS
 
ORDINANCE NO. 14-2013 - AN ORDINANCE AMENDING SECTION 36-19 OF DIVISION 2 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ADDING PROHIBITED PARKING BETWEEN 2:00 A.M. AND 7:00 A.M. ON A PORTION OF TEANECK ROAD
 
ORDINANCE NO. 15-2013 - AN ORDINANCE AMENDING SECTION 36-28 OF DIVISION 3 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ADDING LIMITED THREE-HOUR PARKING BETWEEN 8:00 A.M. AND 6:00 P.M. EXCEPT SUNDAYS AND HOLIDAYS ON A PORTION OF TEANECK ROAD AS REQUESTED BY ADJOINING PROPERTY OWNERS
 
ORDINANCE NO.16-2013 - AN ORDINANCE APPROPRIATING $20,125.00 AS A CAPITAL IMPROVEMENT FOR THE ADA BATHROOMS AT BELLE AVENUE INFORMATION CENTER. THIS PROJECT TO BE FINANCED ENTIRELY FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
 
ORDINANCE NO. 17-2013 - AN ORDINANCE AMENDING SECTION 36-11.2 OF DIVISION 1 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ADDING RESTRICTED ON-STREET PARKING SPACES FOR HANDICAPPED ON A PORTION OF COOPER AVENUE AS REQUESTED BY ADJOINING PROPERTY OWNER
 
ORDINANCE NO. 18-2013 - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 37 OF THE CODE OF THE TOWNSHIP OF TEANECK RESPECTING THE CUTTING, REMOVAL, TRIMMING OR PRUNING OF PUBLIC TREES
 
ORDINANCE NO. 19-2013 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 35 AND APPENDIX IV OF CHAPTER 2 OF THE CODE OF THE TOWNSHIP OF TEANECK RESPECTING TOWING AND STORAGE SERVICES AND THE MAXIMUM FEES AND CHARGES THEREFOR
 
The Mayor inquired as to whether any Councilmember wished to comment upon the motion to introduce.
 
Council tabled the following ordinance until such time as an explanation is received from the Manager: ORDINANCE NO. 20-2013 - AN ORDINANCE AMENDING SECTION 36-28.2 OF DIVISION 3 OFARTICLE II OF CHAPTER 36, ENTITLED "TRAFFIC," OF THE TOWNSHIP CODE ADDING LIMITED THREE-HOUR PARKING BETWEEN 9:00 A.M. AND 5:00 P.M. EXCEPT SATURDAYS, SUNDAYS, AND HOLIDAYS ON A PORTION OF BROAD STREET.
 
C. Parker reiterated her request for a summary of each ordinance scheduled for introduction prior to the introduction of same. Mayor Hameeduddin requested an explanation in writing from the Township Clerk as to how Ordinance No. 20-2013 came to be listed on the agenda, as Manager was absent at time of discussion.
 
D.M. Gussen moved that Ordinances 12-2013 to 19-2013 be introduced and passed on first reading and that the Township Clerk is hereby authorized and directed to publish the required legal notice of the introduction thereof, together with a notice of the place, time, and date on which a public hearing will be held on said ordinance, and on which said ordinance will be considered for final adoption. 
 
Seconded by C. Stern.
 
There being no further comments, the Mayor called on the Township Clerk for a roll-call vote.
 
Roll Call
In Favor:         C. Parker, C. Stern, D.M. Gussen, C. Pruitt, C. Katz, C. Schwartz,
                        Mayor Hameeduddin.
Opposed:         None.
Absent:            None.
Abstained:       C. Parker – Ordinance 17-2013.
The Mayor declared that Ordinances 12-2013 to 19-2013 were duly introduced and passed on first reading.
 
By way of voice vote, the Council authorized Ordinance 20-2013 to be placed on the April 23, 2013 Agenda for introduction after an explanation has been provided to Council.
 
C. Katz requested that the Manager meet with the restaurant to seek other alternatives in connection with Ordinance 20-2013. C. Parker requested that the Manager also meet with the Board of Education and the Jewish Center to ascertain how they may be impacted by the matter.
 
OLD BUSINESS
1.      Resident Parking – Chadwick Road.
Manager Broughton referenced a previous request from resident, Howard Alt who was seeking parking exemptions for residents on Chadwick Road. He has reviewed the matter with the attorney, and an ordinance is being prepared for Council’s consideration at the upcoming meeting. Council was in favor of the Manager moving forward.
 
2.      2013 Municipal Budget.
Members of Council discussed potential areas for savings in the budget. Mr. Turitz spoke about the Township’s application before the Local Finance Board, scheduled for hearing tomorrow, April 10, 2013. He addressed the procedure with respect to the adoption of the introduced budget in the event said application is not approved. He also addressed the procedure, provided the Township receives approval from the Local Finance Board and the Council wishes to amend the budget thereafter. The Council decided to hold this matter for discussion until April 23, 2013. The hearing on the introduced budget will move forward on April 23, 2013.
   
MISCELLANEOUS
None.
 
NEW BUSINESS
None.
 
COMMUNICATIONS
None.
 
COMMITTEE REPORTS - COUNCIL LIAISONS
Mayor Hameeduddin requested that an additional meeting be scheduled for the Zoning Subcommittee to discuss pending projects and moving forward with same.
 
COUNCIL-LISTED ITEMS
1.         “Shop Teaneck Tax Credit” – C. Schwartz.
C. Schwartz requested that this matter be re-listed for April 23, 2013.
 
2.         C. Katz requested a status on the sidewalks at Queen Anne Road and Tryon Avenue. Manager Broughton advised that a letter has been sent to the property owner and no response has been received. C. Katz expressed concern for the youth’s safety and requested Council’s support to take the next appropriate step. Mr. Turitz advised that he will send a memorandum to Council with respect to the procedure. The majority of Council consented to the attorney moving forward.
 
3.                  C. Katz requested a status on the recycling garbage cans. Manager Broughton advised
that the cans have been delivered and installation will start April 15, 2013.
 
TOWNSHIP MANAGER'S REPORT
1.                  Update – Council-Directed Items.
Previously reported.
 
TOWNSHIP ATTORNEY’S REPORT
None.
 
 
 
ADJOURNMENT
On a motion made, seconded and unanimously carried, the meeting was adjourned at 10:37 p.m.