October 13, 2009 Council Meeting Minutes - Home

October 13, 2009 Council Meeting Minutes

Date: October 13, 2009
Time: 8:00 PM

MINUTES OF THE OPEN SESSION MEETING OF
THE TEANECK TOWNSHIP COUNCIL
HELD IN THE MUNICIPAL BUILDING COUNCIL CHAMBERS ON
TUESDAY, OCTOBER 13, 2009

ROLL CALL 

Present: C. Gussen, C. Hameeduddin, DM. Parker, C. Honis, C. Katz, C. Toffler, Mayor Feit.

Absent: C. Hameeduddin.

Also Present: S. Turitz - Ferrara, Turitz, Harraka, & Goldberg, Esqs; W. Broughton, Municipal Manager; L. Aportela-Hernandez, Municipal Clerk; J. L. Evelina, Senior Clerk.

MAYOR'S ANNOUNCEMENT

Adequate notice of this meeting has been provided by Resolution 342-08, setting the 2009 meeting dates, and Resolution 283-09 amending the 2009 meeting dates, sending a copy to THE RECORD, THE SUBURBANITE, THE BERGEN NEWS/SUN BULLETIN, THE JEWISH STANDARD, and THE COUNTY SEAT, 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   

MOTION TO GO INTO CLOSED SESSION

CLOSED SESSION DISCUSSION

MOTION TO RETURN TO OPEN SESSION

PLEDGE OF ALLEGIANCE

MAYOR'S ANNOUNCEMENT

Adequate notice of this meeting has been provided by Resolution 342-08, setting the 2009 meeting dates, and Resolution 283-09 amending the 2009 meeting dates, sending a copy to THE RECORD, THE SUBURBANITE, THE BERGEN NEWS/SUN BULLETIN, THE JEWISH STANDARD, and THE COUNTY SEAT, 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.

Mayor Feit informed the public that Council met in Closed Session until 8:10 p.m. to conduct interviews for the Financial Advisory Board, to discuss the Prosecutor's and Judge's salaries and to review a report regarding sewer and tree limb claims.

PRESENTATIONS

Proclamation - Pancreatic Cancer Awareness Month.

Mayor Feit presented a Proclamation to Linda Disken and announced that pancreatic cancer is the fourth leading cause of death in our nation, yet the research for the cure and prevention of this disease is the lowest funded.  November is Pancreatic Cancer Awareness Month.

MEETING OPEN TO THE PUBLIC FOR GOOD AND WELFARE OR PUBLIC INPUT ON ANY MATTERS ON THIS AGENDA

Mayor Feit inquired whether any member of the Council had any comments prior to opening the meeting to any comments from the public.
Mr. Turitz informed the public that a new resolution was added to the Agenda which appoints the Environmental Commission to act as the lead agency of the Township for the purposes of applying for a Bicycle and Pedestrian Plan, including consulting with other Boards.  He further informed that currently, there is no funding required, and stated that the Township does not commit to any funding.  The first step is to apply for a grant application, no later than December 15th.

The Clerk read Resolution #330-09 into the record.

Mayor Feit declared the meeting open for public comment.  Comments were limited to five minutes per person.

Robert O'Neill – 292 Hemlock Terrace – stated that he retired on June 1, 2009 and had occasion to speak with the Manager once.  He further informed that since 1995, he has been responsible for terminal leave calculations on behalf of the department, and as a result, he is extensively familiar with the procedural requirements.  Finally, he requested his money that is due to him.

Joan Davis – 976 Alpine Drive – referenced a memo pertaining to the October 6, 2009 meeting.  She questioned the Ordinances on Elm Avenue, and she spoke of bond ordinances for radio communications upgrades.  She stated that she refuses to purchase a touch-tone phone in an effort to call the Municipal Building.  She questioned if the auction would be advertised, and commented about her inability to follow the Council Meetings.

April Serfass – 909 River Road – requested a status of the residential parking permit program, and mentioned that a Fairleigh Dickinson University student vandalized her vehicle last week.

Gene Messner – 920 Garrison Avenue – stated that 25 homes on Garrison Avenue received notice to repair sidewalks.  He further stated that sidewalks must be safe and referenced a report from December, 2009 which the Township did not act on until July.  He expressed disappointment that the Township did not proactively work with residents in current economic times and requested that the rotating sidewalk replacement program be reinstated.

Henry Frisch – 1372 Milford Terrace – announced the next Financial Advisory Board meeting will be held on October 15th at the Richard Rodda Community Center.

Charles Powers – 1374 Academy Lane – spoke about the Stuarts' sewer issue and stated that the Township denied liability.  He further stated that the couple was referred to social services, the United Way and the Goodwill.  He stated that the Township has an obligation to respond to issues of moral and legal liability and needs to explain and respond with concrete ways on how to meet moral responsibility.

As no further persons wished to speak, Mayor Feit declared that the public comment portion of the meeting was closed.

Mayor Feit 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.

C. Gussen informed the public that until such time as the Resolution for the auction is passed, the event and publication can not take place.  He further informed that after the Stuarts' sewer issue, he contacted his insurance company and was advised by the company that sewage back-up is part of a policy.  He urged homeowners to contact their insurance companies and mentioned that this coverage should not exceed $10 per year.

C. Katz referenced the incident wherein a Fairleigh Dickinson University student vandalized a resident's vehicle and stated that acts by students are escalating as a result of the parking issue.  He requested that the Manager reach out and/or have the Police Chief reach out to the University's Administration.

C. Toffler supported Mr. Powers' statement and stated that moral obligation differs from legal liability.  She stated that the Council needs to concentrate on the issues, and the Township should have been able to provide some sort of support.  She expressed that she feels that the Township has forgotten humanity.

Mayor Feit stated that the Manager did spend time with the residents affected by the sewer back-up, and for the Council and/or residents to allege that nothing was done is unfair.  He informed that the sidewalk assessment program was a listed in the budget as an optional item but requires funding up front which the Township cannot afford.  He further stated that with respect to radio communications, there is a new mandate which requires all radios to be replaced, and the funding for same was discussed during budget hearings and is being borrowed over a three-year period. 

Mr. Turitz advised Council to be aware that the Civil Service Complaint filed by Fox & Fox was a good faith challenge to the Lay Off Plan which is faulty and caused the retirement of former Deputy Fire Chief O'Neill.  Mr. Fox is listed as the attorney on record for Robert O'Neill.  He stated that from his perspective, the Township can only correspond with Mr. Fox.  Robert O'Neill provided formal correspondence to the Township wherein he states that he is not being represented by Mr. Fox.  As such, the Township's legal counsel on this matter, Mr. Kronick submitted correspondence to Mr. Fox requesting written notice to serve as formal confirmation that he is not representing Mr. O'Neill.  To date, the Township has received no such confirmation.  Finally, the Township will not settle the matter without an executed Release.

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. 

MINUTES

August 18, 2009 - Regular Meeting (C. Katz - Absent).

RESOLUTIONS

321-09  Ratify Payments - Chief Financial Officer - September, 2009.
322-09  Approve Amended 2010 Council Meeting Schedule.
323-09  Authorize Purchasing Agent to Conduct Public Auction - November 5, 2009.
324-09  Amend 2009 Budget - Edward Byrne Grant.
325-09  Unencumber Funds from Contract - 4 Clean Up.
326-09  Award Contract - Stanziale Construction - Resurfacing of Shepard Avenue and Ardsley Court.
327-09  Authorize Purchase Order - Concrete Construction Corporation - Handicap Ramp Improvements.
328-09  Refund 2008 Tax Overpayments - Chief Financial Officer - Various.
329-09  Refund 2008 & 2009 Tax Overpayments - Chief Financial Officer - Various.
330-09  Authorize the Environmental Commission to Prepare for State Aid and Serve as a Bicycle and Pedestrian Task Force.

BILL LIST

The Clerk read the amount of the Bill List into the record.  ($4,197,341.95)

C. Katz moved to approve the Consent Agenda, including Minutes, Resolutions, and Bill List, and to dispense with the reading of same inasmuch as it was posted on the bulletin board all day.  Seconded by C. Honis. 

Mayor Feit called on the Clerk for a roll-call vote.

In Favor: C. Gussen, DM. Parker, C. Honis, C. Katz, C. Toffler, Mayor Feit.

Opposed: None.

Abstained: C. Gussen (Check #156169), DM. Parker (Check #156156), C. Katz (Check #156141).

Absent: C. Hameeduddin.

Mayor Feit declared said items were passed.

INTRODUCTION OF ORDINANCES

C. Katz made a motion to introduce the following Ordinances on first reading and authorized and directed the Clerk 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 ordinances, and on which said ordinances will be considered for final adoption.  Seconded by C. Honis.
   
The Clerk read the titles of the following Ordinances into the record:

ORDINANCE #4152 - BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF RADIO COMMUNICATIONS UPGRADE EQUIPMENT IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $225,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

ORDINANCE #4153 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4154 – AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4155 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4156 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4157 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4158 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4159 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

Mayor Feit inquired as to whether any Councilmember wished to comment upon the motion to introduce.

No comments were made.
There having being no further comments, Mayor Feit called on the Clerk for a roll-call vote.

In Favor: C. Gussen, DM. Parker, C. Honis, C. Katz, C. Toffler, Mayor Feit.

Opposed: None.

Absent: C. Hameeduddin.

Mayor Feit declared the Ordinances were duly introduced on first reading.

MISCELLANEOUS

None.

OLD BUSINESS

None.

NEW BUSINESS

None.

COMMUNICATIONS

1. Shelter Our Sister Food Drive –
Deputy Mayor Parker advised that she received a request from Shelter Our Sisters for permission to add the Municipal Building and the Recreation Center as drop-off locations.

Council approved.

2. Resident Request to Remove Sidewalks.

Mr. Broughton advised that he received a request from a resident on Hudson to remove sidewalks.

Council approved.

COMMITTEE REPORTS - COUNCIL LIAISONS

None.

COUNCIL-LISTED ITEMS

1. Bergen County Momentum (DM. Parker).

Deputy Mayor Parker advised Council and the public on information pertaining to homeless prevention published in the above-referenced newsletter and requested that it be posted on the Township Website.

TOWNSHIP MANAGER'S REPORT

1. Budget Hearing Dates.

Mr. Broughton advised that the public hearing dates on the budget are November 9, 2009, November 10, 2009 and November 12, 2009.  These dates will be published on the Township's website.

2. Bergen Muni Bank.

Mr. Broughton informed that the bank just handed out various leasing programs.  As part of the budget discussions, the topic of leasing versus purchasing vehicles will be discussed.  He informed that in the event leasing is a viable option, a resolution must be adopted by Council.

C. Toffer stated that in the event the Township decides on using TD Bank, the Manager should confirm that their computer glitch should be repair, and the bank should be acting responsibly.

3. Beverly Road.

Mr. Broughton informed Council with respect to an issue with the flow of traffic between Elm and Garrison.  Council authorized the Manager to proceed with changing the Beverly Road Ordinance.

4. Biodiesel Program.

Mr. Broughton informed Council that he plans to meet with larger institutions within the Township for storage purposes.

TOWNSHIP ATTORNEY'S REPORT

None.

ADJOURNMENT

C. Gussen moved to adjourn the Open Session Meeting at 9:06 p.m.  Seconded by C. Katz and carried by the following vote:

In Favor: C. Gussen, DM. Parker, C. Honis, C. Katz, C. Toffler, Mayor Feit.

Opposed: None.

Absent: C. Hameeduddin.