March 20, 2007 Regular Meeting - Home

March 20, 2007 Regular Meeting

Date: March 20, 2007

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

Mayor Katz called the Regular Meeting of the Teaneck Township Council to order at 8:12 p.m., and asked all those present to rise for the 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. Evelina,   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.

Mayor Katz informed the public that Council met in Closed Session from 6:30 p.m. to 8:00 p.m. to discuss matters concerning litigation, property and personnel; announced the presence of Police Chief Paul M. Tiernan, Rev. Gary Nellis, Former Board of Education Member Tasha Morton and Francisco Martinez and George Tadiello of the Department of Public Works; and informed the public that the next Regular Meeting of the Township Council is scheduled for April 11, 2007.       .

PRESENTATIONS

Certificate of Appreciation - St. Mark's Episcopal Church - Teaneck Social Services Fund.

Mayor Katz and Deputy Mayor Parker presented the Certificate to Rev. Randall Day.  Rev. Day spoke in honor of Mr. and Mrs. Stubbs.  Mr. and Mrs. Stubbs spoke about an upcoming concert and informed that funds go to the Center for Food Action.  DM. Parker thanked Mr. and Mrs. Stubbs.  Gloria Andrade, Social Services Coordinator spoke about the social services fund. Councilwoman Kates commended Mr. and Mrs. Stubbs.

Certificate of Congratulations - Police Captain Steven Librie - Promotion.

Mrs. Fall presented the Certificate to Police Captain Librie.

Mrs. Fall, Police Chief Tiernan and members of Council commended Police Captain Librie on his promotion.

Certificate of Congratulations - Senior Clerk Jennifer Hodges - Promotion.

Mrs. Fall presented the Certificate to Ms. Hodges.

Mrs. Fall and members of Council commended Ms. Hodges on her promotion.

HEARINGS ON ORDINANCES

Ordinance #3997

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

No one came forward.

C. Feit made a motion that the hearing on Ordinance #3997 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: DM. Parker (at time of vote).

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

ORDINANCE #3997 - AN ORDINANCE AMENDING CHAPTER 20, ENTITLED "HAWKERS, PEDDLERS, TRANSIENT MERCHANTS, ITINERANT VENDORS, ETC." OF THE TOWNSHIP CODE.

C. Feit made a motion that Ordinance #3997 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: DM. Parker (at time of vote).

Ordinance #3998

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

No one came forward.

C. Kates made a motion that the hearing on Ordinance #3998 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: DM. Parker (at time of vote).

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

ORDINANCE #3998 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

C. Kates made a motion that Ordinance #3998 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: DM. Parker (at time of vote).

Ordinance #3999

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

Joan Davis - 976 Alpine Drive - questioned the percentage and public input.

DM. Parker made a motion that the hearing on Ordinance #3999 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 explained that the State has a cap every year; the municipality is under 2.5; and this plans for 2008.

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

ORDINANCE #3999 - AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (NJSA 40a:4-45.14) CALENDAR YEAR 2007.

DM. Parker made a motion that Ordinance #3999 be passed on second and final reading and adopted.  Seconded by C. Rudolph and carried by the following vote:

C. Kates informed that the Council had many budget meetings when there was ample time for public input; and thanked Council and Administration for their cooperation with respect to the budget.

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

Opposed: None.

Absent: None.

INTRODUCTION OF ORDINANCES

C. Rudolph introduced the following ordinances and setting April 11, 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 DM. Parker.

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

ORDINANCE #4000 - AN ORDINANCE APPROPRIATING $138,900 FROM THE CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF TEANECK FOR PURCHASE, REPLACEMENT, RENOVATION, CONSTRUCTION, AND/OR RESTORATION OF MISCELLANEOUS ITEMS.

ORDINANCE #4001 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4002 - AN ORDINANCE AMENDING RULE IX OF APPENDIX I OF SECTION 2-157 OF ARTICLE XXXI OF CHAPTER 2 OF THE CODE OF THE TOWNSHIP OF TEANECK RELATING TO APPOINTMENTS BY COUNCIL.

C. Kates questioned Mr. Turitz with respect to Ordinance #4002, specifically, the language referring to meeting  "informally".

Mr. Turitz informed C. Kates that such informal meetings are permitted during the time between a municipal election of Couincilmembers and the seating of the new Council.  Even though informal, said meetings would have to be in public.

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

Mayor Katz read a statement into the record pertaining to Resolution #99-07.

Terry Richardson - 83 Jasper Avenue - commented against Resolution S which would amend fees for the Recreation Department.

Joan Davis - 976 Alpine Drive - commented about Resolutions #102-07 - #107-07.

Laura Zucker - 62 Hillside Avenue - commented about Resolution #96-07.

Naomi Cramer - 623 Maitland Avenue - commented against Resolution S which would amend fees for the Recreation Department.

Audra Jackson - 92 E. Maple Street - commented about Resolutions #92-07 and #100-07.

Carter Jackson - 132 Hirliman Road - commented against Resolution S which would amend fees for the Recreation Department.

C. Honis made a motion to close Public Input on Resolutions and Old Business on this agenda.  Seconded by C. Gussen 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 that Resolution S which would amend fees for the Recreation Department  for certain child care programs and rentals for various rooms in the Rodda Center - there are no fees on the resolution having to do with senior programs.  Mrs. Fall further advised that all Township fees are reviewed every two (2) years and with respect to the all-Department fee review,  the Superintendent of the Recreation Department made recommendations of fee changes which includes senior programs fees; all proposed fees are currently being reviewed, and the Manager will report back to Council at the appropriate time.

With respect to Resolution #96-07,  Mrs. Fall informed that in January, Council adopts a temporary budget which provides for ¼ of the expenses in certain areas.  Since ¼ of the year is almost over the temporary budget needs to be amended and this resolutions incorporates the full budget funding based upon the introduced 2007 Budget.

With respect to Resolutions #102-07 - #107-07, the Council has determined to sell these properties based upon the results of the public auctions held.

Mayor Katz informed that Resolution #100-07 was a request made by the Southern Little League in honor of the late Phil Apreda.

DM. Parker informed that she is no longer abstaining from Resolution #108-07 and commented with respect to Resolution S that she would not support it.

At this time Council did not move forward with this portion of the meeting and commenced the Good and Welfare portion of the meeting.

GOOD AND WELFARE  (9:17 p.m.)

Dara Picard - 342 Van Buren Avenue - spoke about Birdsall Engineering and  questioned 2 resolutions authorizing their professional services for the Development Opportunities Report - whether the amount indicated was a not to exceed amount, and for the Master Plan work, noted that another community was noted in the proposal attached to the Resolution.

Jean Greenfield - 22 Grayson Place - spoke against Resolution S which would amend fees for the Recreation Department.  She is concerned that the Township would consider creating a Dog Park which costs money and then charging seniors fees for programs.

Tasha Morton - 20 Sherwood Avenue - spoke about what she feels is a traffic problem at Fort Lee Road; expressed opposition to development; and commended County Engineer Ascolese for his traffic study and the changes made to the traffic signal at DeGraw Avenue and Teaneck Road.

Audra Jackson - 92 E. Maple Street - spoke about senior programs and thanked DM. Parker.

Laura Zucker - 62 Hillside Avenue - spoke about eminent domain.

Eugene Stamper - 73 Cranford Place - spoke about seniors programs and is against any fees.

Carter Jackson - 122 Hirliman Road - spoke about seniors and is against any fees.

Issa Bangora - 1436 Lozier Place - expressed opposition to the purchase of multiple properties by two (2) individuals.

Art Vatsky - 950 Garrison Avenue - spoke about CSX and the intersection of Sagamore Avenue and Belle Avenue.

Jane Irwin - 67 Bennett Road - spoke about seniors and is against fees for senior programs.

Hilga Shareshian - 598 Northumberland Road - spoke about seniors and is against fees for senior programs.

Robert Robertson - 714 Clinton Place - spoke about property taxes.

Barry Belen - 1714 Prince Street - spoke about the Route 4 exit to Queen Anne South.

Naomi Cramer - 623 Maitland Avenue - suggested that the Council test for the ability to pay for the less fortunate and spoke about eminent domain.

Joan Davis - 976 Alpine Drive - not in favor of a fee for programs for children and seniors; spoke about  eminent domain; and spoke about the Advisory Board on Finance and the budget.

Shirley London - 1179 Kensington Road - spoke about senior services and is against fees for programs.

C. Kates 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.

C. Rudolph expressed opposition to revised fees for the Recreation Department involving charges for senior programs..

C. Kates mentioned that she will not pledge at this point with respect to the issue of fees for senior programs as information needs to be provided and she needs to review the Manager's recommendations.

DM. Parker discussed the constraints of the middle class; spoke about eminent domain; and suggested the means testing of residents who are less fortunate with respect to payment of fees for Township programs.

Mr. Turitz suggested that Council discuss such testing at a Workshop Meeting; and he will review and advise Council of same.

C. Kates mentioned that a large population of residents receive social services based upon recent information provided to the Township about the School free lunch program.

C. Gussen informed that if Council decided to fund a dog park, the funds would come from the Open Space Trust Fund.

 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.

C. Gussen made a motion to approve the Consent Agenda, except Resolutions #102-07 - #107-07, #108-07, S and #109-07.  Seconded by C. Rudolph.   . 

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

MINUTES

January 11, 2007 - Budget Review Meeting - Revised. 
February 15, 2007 - Budget Review Meeting.
February 20, 2007 - Closed Session Meeting - Approved For Content Only.
February 20, 2007 - Regular Meeting.
March 6, 2007 - Closed Session Meeting - Approved For Content Only.

RESOLUTIONS

91-07  Reject Bids and Authorize Negotiation For Lighted Basketball Court - Argonne    Park.
92-07  Refund 2006 Tax Overpayments - Chief Financial Officer - Various.
93-07  Appointment Council Liaison To The Advisory Board On Community Relations -   C. Feit.
94-07  Ratify Payments - Chief Financial Officer - February, 2007.
95-07  Ratify Investments - Chief Financial Officer - February, 2007.
96-07  Amend 2007 Temporary Budget.
97-07  Authorize 2006 Appropriation Transfers - Various.
98-07  Grant Unpaid FMLA Leave - H. Schmitt III.
99-07  Authorize Settlement Agreement - Harmon V. Township-Docket
  #BER-L-3645-06.
100-07  Authorize Dedication of Teaneck Southern Little League Field to Phil Apreda    Field.
101-07  Amend 2007 Council Meeting Schedule - Add 4/5/07 and 4/30/07 Closed Session   Meetings - 6:30 p.m.

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. Rudolph made a motion to approve Resolutions #102-07 - #107-07.  Seconded by Mayor Katz.

102-07  Authorize Sale Of Township Property - Block 5606, Lot 32 - 194 Washington    Place.
103-07  Authorize Sale Of Township Property - Block 5508, Lot 2 - 175 Hargreaves    Avenue.
104-07  Authorize Sale Of Township Property - Block 5508, Lot 9 - 189 Hargreaves    Avenue.
105-07  Authorize Sale Of Township Property - Block 5604, Lot 7 - 1576 Sumner     Avenue.
106-07  Authorize Sale Of Township Property - Block 5604, Lot 24 - 191 Washington    Place.
107-07  Authorize Sale Of Township Property - Block 5605, Lot 15 - 1569 Crescent    Avenue.

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. Rudolph made a motion to approve Resolution #108-07.  Seconded by Mayor Katz.

108-07  Authorize Appointment to Historic New Bridge Landing Park Commission.

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.

DM. Parker made a motion to table Resolution S - Amend Fees - Recreation Department.  Seconded by C. Rudolph.

Carried by the following vote:

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

Opposed: C. Gussen.

Absent: None.

C. Rudolph made a motion to approve Resolution #109-07.  Seconded by C. Honis.   C. Kates offered some minor wording changes which were accepted by the Township Council.

109-07  Endorse Restoration of Passenger Rail Service Along The Northern Branch    Corridor.

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. Feit 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 $4,479,521.32 when properly approved, sworn to and the money is available.  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: None.

Abstained: Mayor Katz (entire).

Absent: None.

OLD BUSINESS

None.

MISCELLANEOUS

None.

NEW BUSINESS

None.

COMMUNICATIONS

DM. Parker informed the public about the Combined Community Meeting tomorrow.

COMMITTEE REPORTS - COUNCIL LIAISONS

C. Honis informed about the recent TMAASA meeting; they are in the process of updating their by-laws, amending funding, End DUI, Project Graduation and provided Council with designated driver cups, compliments of the Board.

C. Gussen informed that the PPRAB will meet on March 21, 2007 and spoke about his new born baby girl, Molly Jessica and the Library Board Trustee’s donation of a book to honor her birth.

DM. Parker informed that the Social Services Advisory Board needs volunteers and requested that a press release be sent to the designated newspapers.

TOWNSHIP MANAGER'S REPORT

1. I have probationally appointed Mr. David L. Brown to the position of Firefighter with the   Teaneck Fire Department, effective March 5, 2007.

2. 2007 Proposed Clean and Green Activities.

Council concurred with Mrs. Fall to move forward.


TOWNSHIP ATTORNEY’S REPORT

Mr. Turitz advised Council that the term "informal" means "open session", and suggested that Council revisit Ordinance #4002 at a Workshop Meeting.

ADJOURNMENT

On a motion made, seconded and unanimously carried, the meeting was adjourned at 10:41 p.m.

HELENE V. FALL, ACTING MUNICIPAL CLERK