November 23, 2009 Open Session Minutes - Home

November 23, 2009 Open Session Minutes

Date: November 23, 2009
Time: 8:00 PM

THE TEANECK TOWNSHIP COUNCIL
HELD IN THE MUNICIPAL BUILDING COUNCIL CHAMBERS ON
MONDAY, NOVEMBER 23, 2009

ROLL CALL 

Present: C. Gussen, DM. Parker, C. Honis (arrived at 8:52 p.m.), 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.

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 to discuss a personnel matter concerning the Municipal Manager and Municipal Clerk.

PRESENTATIONS

ANJEC - Stormwater Education Program.

Mr. McKearnin, Township Engineer informed Council that this training is a State requirement.

Abby Fair appeared and provided a Powerpoint presentation for Council.  She explained that it is imperative to keep the water clean and control the quality.  In 1972, the Clean Water Act was adopted, and the Department of Environmental Protection passed regulations in 2004 that required:  1. permits (for the purposes of taking care of existing infrastructure) and 2. new development on water quality and quantity.  The Department of Environmental Protection gave municipalities up until 2009 to complete all requirements.  This agency sent out flyers which should be distributed to residents.  This agency also provides annual reporting.  She further explained that ANJEC is trying newer or different techniques.  ANJEC suggests run-off gardens, widened streets, breaks in curbing, pervious pavement option, infiltration basins between parking, litter control, tree planting to reduce stormwater run-off, nitrogen-neutral parking lots, further education, stormwater hot spots for retrofits, going green.  She reminded the Council that stormwater is drinking water.

Mr. McKearnin informed that the Department of Public Works collects 800 tons of debris per year from streets to prevent debris from entering stormwater.  Also, as part of road resurfacing, the Department moved forward with retrofit inlets.


PUBLIC HEARINGS AND ADOPTION OF ORDINANCES

The Clerk read the titles of the following Ordinances into the record by title only.

ORDINANCE #4160 - AN ORDINANCE AUTHORIZING THE STREETSCAPE IMPROVEMENTS OF WARD PLAZA AS A GENERAL IMPROVEMENT AND APPROPRIATING AN ADDITIONAL $604,766.00 TO BE ENTIRELY FUNDED BY A GRANT UNDER THE FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM.

ORDINANCE #4161 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE. (prohibited parking on Holland Terrace between 10am and noon)

To be withdrawn by Council and re-introduced as substitute Ordinance, #4172, scheduled for hearing and adoption on December 7, 2009:
ORDINANCE #4162 - AN ORDINANCE ADDING SECTION 36-11.3 RELATING TO THE ESTABLISHMENT OF RESTRICTED RESIDENT DECAL PARKING TO ARTICLE II, "PARKING," DIVISION 1 "GENERALLY," IN CHAPTER 36 OF THE TOWNSHIP CODE ENTITLED "TRAFFIC". (establishes restricted resident decal parking along portions of Tilden, Martense, and Maple Avenue)

ORDINANCE #4163 - AN ORDINANCE AMENDING SECTIONS 36-32.17, 36-32.17.1 AND 36-32.17.2 OF ARTICLE II OF CHAPTER 36  OF THE TOWNSHIP CODE RELATING TO RESIDENT DECAL PARKING IN THE RIVER ROAD AND STATE STREET MUNICIPAL PARKING LOTS AND RESIDENT/COMMUTER PARKING. (relates to application procedures for decal parking)

ORDINANCE #4164 - BOND ORDINANCE TO AUTHORIZE THE 2009 ROAD RESURFACING AND CURB IMPROVEMENT PROGRAM IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $400,000 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 #4165 - BOND ORDINANCE TO AUTHORIZE STORMWATER DRAINAGE IMPROVEMENTS AT ARDSLEY COURT IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $275,000 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 #4166 - BOND ORDINANCE TO AUTHORIZE IMPROVEMENTS TO VOTEE PARK POOL IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $200,000 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 #4167 - BOND ORDINANCE TO AUTHORIZE RESTORATION AND DRAINAGE IMPROVEMENTS AT THE GREENBELT WALKWAY IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $200,000 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 #4168 - BOND ORDINANCE TO AUTHORIZE SANITARY SEWER TRUNK LINE REPLACEMENT AT PERRY LANE AND LOZIER PLACE IN, BY AND FOR THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $156,000 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.

Mayor Feit inquired whether any member of the Council had any comments regarding these Ordinances prior to opening the public hearing.

Mr. Turitz advised that Ordinance #4162 should be withdrawn, as there are certain language amendments by residents' request.

Mayor Feit declared the public hearings on the above Ordinances open.  Any members of the public who  wished to be heard on any of said Ordinances or had questions concerning said Ordinances came forward and stated their names and addresses for the record.  Comments or questions were limited to five minutes per person.

Chris McCary – 642 Beverly Road – spoke about the parking issue as a result of Fairleigh Dickinson University students and hopes that the Ordinance will remedy the problem.

Joan Davis – 976 Alpine Drive – questioned the costs associated with Ordinance #4160, the status of Ward Plaza and if there will be parking islands.

C. Toffler requested that Ordinance #4172 be pulled for the purposes of adding Beverly and Sunset between River Road and Catalpa.

C. Gussen requested that Ordinance #4172 be introduced without delay and then include other streets as necessary. 

C. Toffler requested that this matter be placed on Council's Action List, and Mr. Turitz will draft a new Ordinance for staff to review.

DM. Parker questioned the outcome of the Manager's meeting with Fairleigh Dickinson University officials.

Mr. Broughton informed that the University offered decals.

C. Gussen stated that residents are not thrilled but there is willingness for dialogue.

There having been no further persons wishing to speak concerning said Ordinances, Mayor Feit declared that the public hearings on these Ordinances were closed.

Councilmember Toffler moved to withdraw Ordinance # 4162 and pass all Ordinances on second and final reading and adopt.  The Township Clerk was authorized and directed to advertise same according to law.  Seconded by Councilmember Katz.

Mayor Feit inquired whether any member of the Council had any comments regarding these Ordinances.

No member of Council commented.

There 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 that said Ordinances were duly adopted.

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.

No member of Council commented.

Mayor Feit declared that any members of the public who wished to be heard come forward and state their names and addresses for the record.  Comments were limited to five minutes per person.

Tasha Morton – Sherwood Avenue – questioned Resolution #336-09, specifically, who is running the establishment and why the establishment is requesting funding.

Mildred Tucker – Shepard Avenue – spoke about apartments off of Englewood Avenue and the dumpster encroaching into the roadway and next to a telephone poll.  She also spoke about water running into residents' basements as a result of homes located on Shepard, Endicott and Howland.

Joan Davis – 976 Alpine Drive – supported the statements of previous speakers.  She also spoke about Resolutions #352-09, #358-09 and #359-09.

Art Vatsky – 950 Garrison Avenue – spoke about the overpass at Benjamin Franklin and questioned if the cost for repairs is part of the Safe Route to School Grant.  He spoke about the budget, specifically, bonds due to Brennan, Mancini and Shouldis.  He stated that it is the Council who is responsible for conducting investigations, and requested that findings of investigations be made public.

Samantha Wilkerson – 1762 Cornwall Avenue – requested that the Municipal Building be made a collection site for Helping Hands Food Pantry.

There having been no further persons wishing to speak or the time limit having expired, 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.

Mayor Feit informed that with respect to the pedestrian overpass, the Council is doing what can be done with Congressman Rothman's money.  There are no additional monies available at this time to make the overpass ADA compliant.  With respect to endorsing resolutions, representatives of the non-profit organizations were present at the last Council Meeting to make presentations and answer any questions. 

DM. Parker mentioned that three of the four non-profit organizations have come before the Council in prior years.

Mayor Feit stated that the Investigation Committee was established in the past for the purposes of investigating personnel issues; however, now that a new manager has been appointed, there is no reason for the Committee to continue.  The Manager is currently working on a standardized handbook, hours, policies, etc. in an effort prevent further personnel issues.  Further, he cannot speak on prior cases and/or prior decisions made by prior Councils.

DM. Parker informed the public that there will be discussion pertaining to the position of personnel officer.

Mr. Turitz advised Council that limited remedies to discipline are outlined by labor counsel wherein employees have been the cause.  This limitation is also as a result of the Civil Service System.  He suggested that Council hold a public education session on this subject matter in early 2010.

Mayor Feit raised the rent control issue.

C. Katz recused himself and left the dais.

C. Gussen mentioned the cost of rent control and the need to include the $3 to 400k preliminary cost as part of the discussion.

DM. Parker requested that this matter be listed for December 7 for the purposes of reducing the percentage from 5.5 to 5.  Mr. Turitz will prepare the Ordinance.

C. Katz returned to the dais.

C. Toffler requested that Mr. Broughton investigate the resident's concern with respect to Howland, Endicott and Gaylord.

C. Gussen requested that the Rodda Center, Municipal Building and the Library also be sites for the food pantry.

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.

RA #1260 - Yeshiva of North Jersey - Off Premise Draw Raffle Awarding Merchandise - $20.00.

MINUTES

RESOLUTIONS

352-09  Reject Proposal and Authorize Readvertisement - Proposals for Supplying and  Installing     Automated Self Enforcing Parking Meters.
353-09  Authorize Issuance of Purchase Order to GPC, Inc - Refurbish Municipal Building Cupola.
354-09  Appoint Member to Financial Advisory Board.
355-09  Amend 2009 Budget - Edward Byrne Grant.
356-09  Endorse BCCD Grant Application - The Children's Village, Inc.
357-09  Endorse BCCD Grant Application - Jewish Family Service, Inc.
358-09  Endorse BCCD Grant Application - Geriatric Services, Inc.
359-09  Endorse HOME Grant Application - Geriatric Services, Inc.
360-09  Ratify Payments - Chief Financial Officer - October, 2009.
361-09  Authorize Execution of Federal Aide Agreement - Ward Plaza Streetscaping.
362-09  Authorize Submission of Grant Application for Bicycle and Pedestrian Pathway Study.
363-09  Appropriate Funds - NJDOT Trust Fund - Queen Anne Road Sidewalk Improvement Study.
364-09  Award Professional Services Contract - Schwanewede/Hals Engineering - Queen Anne Road    Sidewalk Improvement Study.
365-09  Refund 2009 Tax Overpayments - CFO - Various.
366-09  Refund 2007, 2008 & 2009 Tax Over Payments Pursuant to State Tax Court Decisions - CFO -    Various.
367-09  Refund Sidewalk Assessment Overpayment - CFO - Block 5608, Lot 23.
368-09  Authorize Leave of Absence - J.C. - Department of Public Works.

BILL LIST

The Clerk read the amount of the Bill List into the record.  ($4,223,083.31)

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

Absent: C. Hameeduddin.

Abstained: DM. Parker (Check #156508), C. Katz (Check #156638).

Mayor Feit declared whether said items were passed.

INTRODUCTION OF ORDINANCES

Councilmember Katz moved that the following Ordinances be introduced and passed on first reading and that the Clerk be 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 ordinances, and on which said ordinances will be considered for final adoption.  Seconded by Councilmember Honis. 
The Clerk read the titles of the following Ordinances into the record:

ORDINANCE #4169 - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 33, "DEVELOPMENT REGULATIONS" OF THE TOWNSHIP CODE AND SPECIFICALLY SECTION 33-28 "OFF-STREET PARKING; LOADING AND UNLOADING".

ORDINANCE #4170 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE. ("one-way designation of streets" amendment to add and delete portions of Beverly Road)

ORDINANCE #4171 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE. ("parking on left side permitted on certain streets" amendment to add and delete portions of Beverly Road)

ORDINANCE #4172 - AN ORDINANCE ADDING SECTION 36-11.3 RELATING TO THE ESTABLISHMENT OF RESTRICTED RESIDENT DECAL PARKING TO ARTICLE II, "PARKING," DIVISION 1 "GENERALLY," AND AMENDING SECTION 36-12.1, RELATING TO PROHIBITED PARKING EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS, OF DIVISION 2, "PROHIBITED PARKING" OF ARTICLE II, "PARKING," IN CHAPTER 36 OF THE TOWNSHIP CODE ENTITLED "TRAFFIC". (establishes restricted resident decal parking along portions of Tilden, Martense, and Maple Avenue).

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

There being no 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 that said ordinances were duly introduced.

MISCELLANEOUS

None.

OLD BUSINESS

1. POAB Chairperson.

The consensus of Council was in favor of relisting this matter for discussion and advertising for available positions on advisory boards.

2. 2010 Council Budget Account.

The consensus of Council was in favor of moving forward with biannual communication with residents, ie. fall with recycling calendar.  This matter will be moved to the Manager's account in the amount of $12,000 along with the public information costs in the amount of $10,000.

NEW BUSINESS

1. Open House Directional Signs.

The consensus of Council was in favor of moving forward with the sign.  An Ordinance similar to Carteret will be prepared for the December 7th Meeting.

COMMUNICATIONS

1. October 19, 2009 Letter from Environmental Commission - Streetlights.

Mr. Broughton spoke with PSE&G with respect to replacing mercury vapor lights and not high-pressure lights.  He will be contacting the Environmental Commission for recommendations.

2. Boy Scout Request – Paint Band Shell.

C. Katz referenced the communication received by the Boy Scout who expressed interest in painting the band shell.  The Council agreed to forward this request to Mr. Broughton.

COMMITTEE REPORTS - COUNCIL LIAISONS

DM. Parker reported on the Social Services Advisory Board and mentioned that the Board plans to move the date of the Social Services Forum.  Also, the Board of Education received grant monies, and there will be a report provided at the next meeting.

COUNCIL-LISTED ITEMS

1. YAB Postcard (DM. Parker).

The consensus of Council was in favor of approving the postcard with a change to the phone which is incorrectly listed.  DM. Parker will report back to Council on leadership training.

2. Council Liaisons (C. Toffler).

C. Toffler proposed a list be sent to Council once per month to remind Council of attendance at meetings to promote attendance.

There was no consensus of Council to move forward.

TOWNSHIP MANAGER'S REPORT

1. Queen Anne Road Sidewalk.

Mr. Broughton reported that Mr. McKearnin confirmed that grant monies were received in May to design the sidewalks at no cost to the Township.  Council approved.

2. Public Input on 2010 Municipal Budget - December 7, 2009 Meeting.

Mr. Broughton reminded Council that he will allow for public input at the December 7, 2009 Meeting.

3. Property-Marker Signs.

Mr. Broughton informed Council that the Historic Preservation Commission Chairperson is requesting approximately fifteen (15) property markers for historically-designated properties that need to be purchased.  The consensus of Council was in favor of holding this matter for discussion at the time of the budget hearings.

4. Appointment of Personnel Officer.

Mr. Broughton informed Council that two (2) positions were being considered, specifically, personnel officer and personnel director.  The consensus of Council was in favor of moving forward with an order that will establish the position as a department and the respective salaries.

5. Website.

Mr. Broughton informed Council that he met with Mr. McGilloway who is interested in fulfilling his contract by December 31, 2009.  This includes the completion of Phases one (1) and two (2).

6. Deputy Chief's Decision.

Mr. Broughton reported to Council that in order for the current Captain to perform functions they are performing, they have to be a Battalion Chief, and he will present the appropriate structure.

Mr. Turitz reminded Council that there are no deputy chief positions, and captains cannot as act tour commanders in lieu of these positions.  Mr. Broughton will produce a Table of Organization at the next Council meeting.

TOWNSHIP ATTORNEY'S REPORT

1. Status of 640 River Road.
Council authorized an attempt to purchase the property.  Council authorized up to 20% of the price due to the favorable response.  When a firm commitment has been made, he will report back to Council.

DM. Parker requested that an additional Closed Session Meeting be added to the Council's Meeting Schedule.  Council approved December 2, 2009 at 7 p.m. as the date and time.  A Sunshine Notice will be drafted and C. Hameeduddin will be notified.

ADJOURNMENT

Councilmember Katz moved to adjourn the Open Session Meeting at 10:19 p.m.  Seconded by Councilmember Honis.   .

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

Opposed: None.

Absent: C. Hameeduddin.