February 20, 2007 Regular Meeting - Home

February 20, 2007 Regular Meeting

Date: February 20, 2007

MINUTES OF A REGULAR MEETING OF THE TEANECK TOWNSHIP COUNCIL
HELD IN THE
MUNICIPAL BUILDING COUNCIL CHAMBERS
ON TUESDAY, FEBRUARY 20, 2007

Mayor Katz called the Regular Meeting of the Teaneck Township Council to order at 8:02 p.m., and asked all those present to rise for the Pledge of Allegiance.

Pledge of Allegiance

ROLL CALL  

Present: C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Honis, C. Gussen, Mayor Katz.

Absent: None.

Also Present: S. Turitz - Ferrara, Turitz, Harraka & Goldberg, Esqs.; H. V. Fall, Municipal Manager; L.    Aportela-Hernandez, Assistant to the Municipal Manager, J. Hodges, Assistant to the     Municipal Clerk.

MAYOR’S ANNOUNCEMENT

Adequate notice of this meeting has been provided by adoption of Resolution #466-06, setting the 2007 meeting dates, sending a copy to THE RECORD, THE SUBURBANITE, THE BERGEN NEWS/SUN BULLETIN, THE CONNECTION, THE JEWISH STANDARD AND SU GUIA, 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.

PRESENTATIONS

1. Mrs. Fall presented Certificates of Promotion to:
a. Police Lieutenant K. Croonquist
b. Police Sergeant P. Finkler.

Bergen County Sheriff McGuire congratulated both Officers on their promotions.

2. Mayor Katz and C. Gussen presented a Certificate of Appreciation to Gabe Schoenberg for earning his Eagle Scout Award.

HEARINGS ON ORDINANCES

Ordinance #3989

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Feit made a motion that the hearing on Ordinance #3989 be closed and that it proceed to second and final reading by title only.  Seconded by C. Kates and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance in to the record:

ORDINANCE # 3989 - AN ORDINANCE AMENDING CHAPTER 35, ENTITLED "TAXICABS AND OTHER VEHICLES FOR HIRE" OF THE TOWNSHIP CODE.

C. Feit made a motion that Ordinance #3989 be passed on second and final reading and adopted.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Ordinance #3990

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Kates made a motion that the hearing on Ordinance #3990 be closed and that it proceed to second and final reading by title only.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE # 3990 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

C. Kates made a motion that Ordinance #3990 be passed on second and final reading and adopted.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Ordinance #3991

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

DM. Parker made a motion that the hearing on Ordinance #3991 be closed and that it proceed to second and final reading by title only.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE # 3991 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

DM. Parker made a motion that Ordinance #3991 be passed on second and final reading and adopted.  Seconded by  C. Rudolph and carried by the following vote:

In Favor: C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Honis, C. Gussen.

Opposed: Mayor Katz.

Absent: None.
Ordinance #3992

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Rudolph made a motion that the hearing on Ordinance #3992 be closed and that it proceed to second and final reading by title only.  Seconded by Mayor Katz and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE # 3992 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

C. Rudolph made a motion that Ordinance #3992 be passed on second and final reading and adopted.  Seconded by Mayor Katz and carried by the following vote:

In Favor: C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Gussen, Mayor Katz.

Opposed: C. Honis.

Absent: None.

Ordinance #3993

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Honis made a motion that the hearing on Ordinance #3993 be closed and that it proceed to second and final reading by title only.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE # 3993 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

C. Honis made a motion that Ordinance #3993 be passed on second and final reading and  adopted.  Seconded by Mayor Katz and carried by the following vote:

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

Opposed: None.

Absent: None.

Ordinance #3994

First reading by title only on February 6, 2007, advertised February 9, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Gussen made a motion that the hearing on Ordinance #3994 be closed and that it proceed to second and final reading by title only.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE # 3994 - AN ORDINANCE AUTHORIZING THE PRIVATE SALE OF A PORTION OF LOT 1 IN BLOCK 1107 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF TEANECK PURSUANT TO N.J.S.A. 40A.:12-13.

C. Gussen made a motion that Ordinance #3994 be passed on second and final reading and adopted.  Seconded by C. Kates and carried by the following vote:

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

Opposed: None.

Absent: None.

INTRODUCTION OF ORDINANCES

C. Feit introducing the following ordinances and setting March 6, 2007 at 8:00 PM, or as soon thereafter as the matter may be reached as the date and time and Municipal Building Council Chambers as the place for a hearing on said ordinances.  Seconded by Mayor Katz.

Mrs. Fall read the title of the following Ordinances into the record.

ORDINANCE # 3995 - AN ORDINANCE APPROPRIATING $80,000 FROM THE CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF TEANECK FOR UPGRADE OF VOTEE PARK POOL RELATED APPURTENANCES.

ORDINANCE # 3996 - AN ORDINANCE AMENDING SECTION 26-2 OF CHAPTER 26 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF TEANECK REPEALING THE PROVISIONS THEREOF RESPECTING BEGGING AND SUBSTITUTING THEREFOR PROVISIONS RESPECTING DOOR-TO-DOOR CANVASSING AND SOLICITATION.

Carried by the following vote:

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

Opposed: None.

Absent: None.

 

PUBLIC INPUT ON RESOLUTIONS ON THIS AGENDA

No one came forward to speak.

C. Kates made a motion to close Public Input on Resolutions and Old Business on this agenda.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

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.

DM. Parker made a motion to approve the Consent Agenda except for resolutions 65-07 - Authorize Purchase of Six Police Cars - 2007 and 66-07 - Authorize May 28, 2007 - CLSID Street Fair.  Seconded by C. Rudolph.

Mrs. Fall read the titles of the following items into the record:

MINUTES

January 9, 2007 - Regular Meeting.
January 16, 2007 - Closed Session Meeting - Approved for Content Only.
January 18, 2007 - Budget Review Meeting.
January 23, 2007 - Special Meeting.
January 25, 2007 - Budget Review Meeting.
February 1, 2007 - Budget Review Meeting.

RESOLUTIONS

53-07 Authorize 2007 Mid-Bergen Mutual Aid Agreement.
54-07 Ratify Payments - January 2007.
55-07 Authorize Release of Performance Guaranties - Spectrum for Living.
56-07 Authorize 4th Quarter 2006 - Legal Compensation - Genova, Burns & Vernoia.
57-07 Authorize 4th Quarter 2006 - Legal Compensation - DeCotiis, Fitzpatrick, Cole & Wisler, LLP.
58-07 Authorize 4th Quarter 2006 - Legal Compensation - Ferrara, Turitz, Harraka and Goldberg, Esqs.
59-07 Authorize Submission - Fiscal Year 2008 - Appropriations Request Form Homeland Security Funds.
60-07 Support Renewal of Garden State Preservation Trust - Green Acres Program Funding.
61-07 Authorize Encroachment into the Public Right-of-Way - 1348-1352 Teaneck Road.
62-07 Authorize Transfer - 2006 Appropriation Reserve.
63-07 Authorize Installation of Street Light - 1600 River Road.
64-07 Authorize Purchase of Vehicle D-46 - Used Replacement.

Carried by the following vote:

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

Opposed: None.

Absent: None.

C. Gussen made a motion to approve Resolution # 65-07 Authorize Purchase of Six Police Cars - 2007.  Seconded by C. Kates.

C. Gussen is concerned about the expenditure and feels that it should be held off since the 2006 vehicles were delivered late in 2006.

C. Kates asked for the Municipal Manager’s recommendation.

Mrs. Fall explained the process in which the cars are purchased and stated that it originally 8 cars were requested and she narrowed the request down to 6 vehicles in the proposed 2007 budget. 

Carried by the following vote:

In Favor:  C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Honis, Mayor Katz.

Opposed: C. Gussen.

C. Kates made a motion to approve Resolution # 66-07, Authorize May 28, 2007 - CLSID Street Fair.  Seconded by C. Rudolph.

C. Kates has reservations about having a street fair on Memorial Day and would like to encourage residents to attend both the observance at the Municipal Green as well as the street fair.  She asked Mrs. Fall to request that the CLSID publicize the Township’s observance at 11 AM on Memorial Day in any of their advertisements.

Carried by the following vote:

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

Opposed: None.

Absent: None.

BILL LIST

C. Rudolph made a motion that the reading of the bill list be dispensed with inasmuch as it has been posted on the bulletin board all day and that it be authorized paid in the amount of $ 5,523,724.26 when properly approved, sworn to and the money is available.  Seconded by DM. Parker and carried by the following vote:

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

Opposed: None.

Absent: None.

OLD BUSINESS

None.

GOOD AND WELFARE

Howard Rose - 575 Northumberland Road - CLSID - Stated that CLSID will take into consideration making the festivities on Memorial Day geared toward honoring the military personal that have served our country.  Mr. Rose also spoke about information being available for business owners regarding what they can do when individuals solicit their establishment.

Joan Davis - 976 Alpine Drive - Spoke about the budget and the percent of increase.

Vincent Napolitano - 966 Ramapo Road - Believes that the February 8, 2007 Planning Board meeting was a fiasco and that the residents have been lied to because the Master Plan has already been filed.

Jordan Wouk - 554 Cumberland Avenue - Spoke about the Eagle Scout and how Gabe Schoenberg learned so much about the process of obtaining approvals for this type of project..  Mr. Wouk spoke about the Planning Board and how he would like Council to do something about the situation that they are in with respect to the Master Plan.

Cindy Balsam - Grenville Avenue - Brought to the attention of the Council the need for a playground for children of varying abilities.

Heidi Fuchs - 1247 Trafalgar Street - Ms. Fuchs is a commuter and thanks Council for forming a commuter subcommittee but disagrees with all the parking restrictions any recently adopted Ordinances that restrict parking.

William Schwartz - 302 Rutland Avenue - Feels that the Township is not commuter friendly, these Ordinances are limiting commuters to a more concentrated area and Council should rescind.

Audra Jackson - 92 E. Maple Street - Stated that it was the last chance to promote an African American woman in the Police Department.

Naomi Cramer - 623 Maitland Avenue - Asked about the sale of property on New Bridge Road, the widening of Route 4, if there is any truth to an e-mail she received about Votee Park becoming a parking lot, and if there is a possibility for a commuter parking lot near the railroad tracks.

Alan Fuchs - 1247 Trafalgar Street  - Spoke about alternate side of the street parking and using the old PAL building for commuter parking.

Laura Zucker - 62 Hillside Avenue - Spoke about the importance of a special needs playground and looking at Van Saun Park for inspiration.

Amy Citron - 714 Rutland Avenue - Has an autistic child and feels that it would be great for all her children to play together at one park.

Art Vatsky - 950 Garrison Avenue - Supports commuters concerns, but feels there may be a second solution; bus routes on different roads.  Mr. Vatsky spoke about due process and asked for the members‘ names of the CLSID.

Jacob Gefner - Restaurant owner, 204 W. Englewood Avenue - Feels that additional parking is needed in the area.

Isa Bangora - 1436 Lozier Place - Is concerned about the parking situation on Lozier Place and Ayers Court; commuters leave there cars there for days.  The area has one of the largest populations and residents are willing to pay an annual fee for parking in the area.

Jay Baitner - Teaneck Gardens, State Street - President - Stated how there is no parking in the area and the co-ops are not even full.

Judith Burnstein - 1332 Taft Road - Commuter - Suggests park-and-ride lots and residential parking stickers.

Jonnie Sofer - 71a Grayson Place - New Resident - Questioned the process for snow removal from sidewalks.

Asher Goldstein - 1236 W. Laurelton Parkway - Feels that parking structures should be built with appropriate number of parking spots.

David Brusowankin - 247 Johnson Avenue - Stated that three hour parking limit is an inconvenience.

C. Honis made a motion to close the Good and Welfare portion of the meeting to the public.  Seconded by C. Rudolph and carried by the following vote:

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

Opposed: None.

Absent: None.

Mrs. Fall informed residents that the Health Department start issuing notices for unshoveled sidewalks, 24 hours for residential and 12 hours for commercial property, after the cessation of the storm.  Residents may call the Police Department to report unshoveled property.  In response to Mr. Vatsky, he should complete an  OPRA form for the information.  In regards to the three hour parking restriction, residents on the street would have requested a parking restriction and that is why it is enforced.  Residential parking is a matter previously addressed by Mr. Turitz who advised we cannot restrict parking only to residents who live on a certain street.

Mr. Turitz explained to Mr. Rose that the new Ordinance is designed for residential solicitation and Council has not looked at commercial solicitation.

C. Gussen explained to Ms. Cramer that the New Jersey Department of Transportation is not willing to widen Route 4 and that there is no way Votee Park will be encroached on upon for parking.

C. Rudolph advised Mr. Napolitano there was nothing filed on February 6, 2007 in regards to the Master Plan.  C. Rudolph advised Mr. Vatsky that he and the Mayor had recently met with NJ Transit and FDU about the possibility of creating commuter parking on the University’s parking lot.   NJ Transit was not interested in adding routes.

DM. Parker would like Council to come up with a solution about commuter parking.  DM. Parker stated that Council is in favor of a fully accessible park play structure, and it is disappointing to her to not have a minority in an upper position in the Police Department.

C. Kates responded to Mr. Goldstein stating that when a building is being built the contractor should make sure there is enough spots.  C. Kates would like Council to consider alternate side of the street parking and a  handicapped accessible park.  C. Kates also spoke about Council not having the authority to hire or fire any employees and does not believe that creating a higher position in the Police Department for an individual to do the work of a lower rank is good for anyone.

C. Feit agrees with C. Kates on the issue of promotion in the Police Department.  Council previously discussed this at the budget meeting last week.  C. Feit discussed the Route 4 project would not even commence until 2010, commuter parking is an issue and a subcommittee is needed, and he is in favor of a special needs playground.  C. Feit asked Mr. Turitz if he, C. Feit, could comment on the Planning Board and Master Plan.

Mr. Turitz explained that he could speak as an individual and not as Council representative. 

C. Feit encouraged Planning Board members present at the Council meeting to take into consideration not just the content of the Mater Plan, but the Master Plan review process, how public comment is solicited and the
discussions which take place prior to the Plan adoption.

Mayor Katz encourages residents to attend Master Plan meetings and speak.  Stated that the playground is good for everyone and Council is exploring the funding.  Mayor Katz spoke about his feelings on commuter parking.

Mr. Turitz explained that with respect to the conveyance of land  this came about during the time the County improved the intersection of New Bridge Road/Thames Boulevard and the Boulevard.  The property owner needed to relocate their driveway which turned out to be slightly on the abutting Township property.  The Township determined to convey the sliver of Township property as it could have been a liability in the future.

MISCELLANEOUS

1. C. Kates spoke about sponsorship for artificial turf.  C. Gussen was supportive of further reviewing the concept.  Will be placed on an upcoming workshop meeting.

2. Council Listed Items
C. Rudolph initiated a request for Council revisit the issues of commuter parking and RFP - Parking Structure.  Mrs. Fall will contact the original respondents to the RFP to see if they remain interested.

3. C. Gussen asked about allowing residents to plant their own shade trees in the public right of way.  Mrs. Fall advised we do allow this under specific circumstances.  Will be listed for an upcoming workshop.

NEW BUSINESS

DM. Parker made a motion to list the matter of upgrading the Police Department's Sergeant position to  a  Lieutenant position prior to the expiration of the current promotional list.  Seconded by C. Honis.

Discussion on the motion was opened to the public.

Audra Jackson - 92 E. Maple Street - Urges Council to open for discussion.

Carried by the following vote:

In Favor: C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Honis, Mayor Katz.

Opposed: C. Gussen.

Absent: None.

DM. Parker made a motion to authorize the upgrade of the position from a Sergeant’s position to a Lieutenant's position.  Seconded by C. Honis.

Discussion on the motion was opened to the public.

Jordan Wouk - 555 Cumberland Avenue - Believes that diversity is an important part of the Teaneck community.

Naomi Cramer - 623 Maitland Avenue - Said it sounds like a win/win situation.

Audra Jackson - 92 E. Maple Street - Stated the time has come for us to do the right thing and to think about what you want the community to look like and stand for.

Susan Burger - 746 Downing Street - Council needs to evaluate this strongly before any lawsuits happen

Tasha Morton - 20 Sherwood Avenue - Asked Council about the process of civil service tests and their time periods. Stated she did not have sufficient information to comment.

C. Kates made a motion to close this portion of the meeting to the public.  Seconded by C. Rudolph and carried by the following vote:

In Favor:  C. Feit, C. Kates, DM. Parker, C. Rudolph, C. Honis, Mayor Katz.

Opposed: None.

Absent: None.

DM. Parker stated that it is not about an individual but, what that individual represents.

C. Gussen feels that this is the wrong thing to do for many reasons; there is not enough work for that position, there will be an impact on others because one individual is doing the work of a lesser position at a higher pay, lack of equality is a terrible precedent, and it is focused on promoting one individual.  He also explained that the reason the Township originally had the residential requirements in hiring Police Officers is to reflect the Township.

DM. Parker asked how long the residential requirement has been in effect.

Mrs. Fall said that it has been over 25 years.

C. Kates received advice on her decision from all sides; she had asked Mrs. Fall as the Municipal Manager as well as the Affirmative Action officer for her opinion at the February 15, 2007 budget meeting and cannot support this request.


Failed by the following vote:

In Favor: DM. Parker, C. Rudolph, C. Honis.

Opposed: C. Feit, C. Kates, C. Gussen, Mayor Katz.

C. Feit left the meeting  at 10:41 PM.

COMMUNICATIONS

None.

COMMITTEE REPORTS - COUNCIL LIAISONS

None.

TOWNSHIP MANAGER'S REPORT

1. I have provisionally promoted Jennifer Hodges to the position of Senior Clerk in the Municipal Clerk's Office effective February 16, 2007.

2. Municipal Clerk Search Process.  There are three options in which to start the hiring process; look within the organization and support through schooling, advertise outside of the organization, or we can do both simultaneously.  Mrs. Fall advised that the last 4 Municipal Clerks had come from with the organization and recommended this approach.

Council decided it would be best start within the organization.

3. Mrs. Fall spoke with Birdsall Engineering and they will not be charging us for additional meetings, up to 2, for the public meetings regarding the Development Opportunities Analysis Report.  Dates to be determined.

TOWNSHIP ATTORNEY’S REPORT

None.

ADJOURNMENT

On a motion made, seconded and unanimously carried, the meeting was adjourned at 10:45 p.m.HELENE V. FALL, MPA, CPM
ACTING MUNICIPAL CLERK (R #49-07)