April 11, 2007 Regular Meeting - Home

April 11, 2007 Regular Meeting

Date: April 11, 2007

MINUTES OF A REGULAR MEETING OF THE TEANECK TOWNSHIP COUNCIL
HELD IN THE
MUNICIPAL BUILDING COUNCIL CHAMBERS
ON WEDNESDAY, APRIL 11, 2007

Mayor Katz called the Regular Meeting of the Teaneck Township Council to order at 8:04 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 and Resolution #69-07 amending 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 to discuss matters pertaining to security, personnel and litigation.

PRESENTATIONS

Proclamation - National Safe Kids Week - April 28, 2007 - May 6, 2007.

Proclamation - Child Abuse Prevention Month - April 2007.

Mayor Katz announced the Proclamations and explained they will be forwarded to the respective parties.

HEARING ON THE MUNICIPAL BUDGET

2007 MUNICIPAL BUDGET OF THE TOWNSHIP OF TEANECK, COUNTY OF BERGEN, NEW JERSEY FOR THE CALENDAR YEAR 2007.

Mayor declared the hearing open, asking if anyone wishes to comment.

Joan Davis - 976 Alpine Drive - Questioned the matching funds required for the grants and the reductions to social programs.

Art Vatsky - 950 Garrison Avenue - Questioned how the $40,000 repayment of the loan for the streetscape would be funded.  He urged Council not to approve the Cedar Lane Special Improvement Budget.

C. Feit made a motion to close the hearing on the 2007 Municipal Budget. 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 the Board of Education received a large grant from the State for security in the schools and the Township is also part of this grant.  There is no decrease reflected in the 2007 Budget for social service programs as far as residents are concerned.  In response to Mr. Vatsky, Mrs. Fall explained that the Cedar Lane Special Improvement District budget provides the funds for the repayment of the loans and that this money is provided to the Township for that purpose.   Mrs. Fall advised that Council approved the District’s budget in March and confirmed the assessments earlier this evening as the Special Assessment hearing.

Mrs. Fall advised that the adoption of the 2007 Municipal Budget will be held until a determination is received from the State on the Extraordinary Aid Application.

HEARINGS ON ORDINANCES

Ordinance #4000

First reading by title only on March 20, 2007, advertised March 23, 2007 and posted on the bulletin board.

No one came forward to speak.

C. Kates made a motion that the hearing on Ordinance #4000 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 #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.

C. Kates made a motion that Ordinance #4000 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 #4001

First reading by title only on March 20, 2007, advertised March 23, 2007 and posted on the bulletin board.

Joan Davis - 976 Alpine Drive - Is relieved that the residents do not have to pay for parking.

Art Vatsky - 950 Garrison Avenue - Is in support of this Ordinance, but hopes that there is also a 24 hour rate and free overnight parking.

C. Feit stated that he will be voting against this ordinance because he feels these parking lots are good places for commuters to park.

DM. Parker made a motion that the hearing on Ordinance #4001 be closed and that it proceed to second and final reading by title only.  Seconded 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 #4001 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

Council discussed the pros and cons of this Ordinance.  Council feels this Ordinance is a step in the right direction but these lots can be used for commuter parking within the Township.  Council questioned the exact process in which an Ordinance like this needs to be implemented. 

Mrs. Fall explained to Council that they need to establish a process in which decals will be received from the residents and a time period before the Ordinance is enforced.  This will be listed at a future meeting.

DM. Parker made a motion that Ordinance #4001 be passed on second and final reading and adopted.  Seconded by  C. Rudolph and carried by the following vote:

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

Opposed: C. Feit, C. Honis.

Absent: None.

Ordinance #4002

First reading by title only on March 20, 2007, advertised March 23, 2007 and posted on the bulletin board.

Joan Davis - 976 Alpine Drive - Wishes Council would postpone adopting this Ordinance until there is an information system set in place that lets the public know of available positions on the boards.

C. Rudolph made a motion that the hearing on Ordinance #4002 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 #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. Rudolph made a motion that Ordinance #4002 be passed on second and final reading and adopted.   Seconded by Mayor Katz and carried by the following vote:

C. Kates explained she is in support of this Ordinance because a legal process needs to be put into place.  She does not support the section with Council-Elect meeting with Council to discuss candidates informally.  However, she is willing to support the Ordinance right now and would like the attorneys to look at this section to amend.

C. Gussen agrees with C. Kates and feels that we need this Ordinance.

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

Opposed: C. Honis.

Absent: None.

INTRODUCTION OF ORDINANCES

None.

 

PUBLIC INPUT ON RESOLUTIONS ON THIS AGENDA

Art Vatsky - 950 Garrison Avenue - Res. # 115-07 - Hopes that the CSX trains will be under video surveillance at Benjamin Franklin Middle School.

Joan Davis - 976 Alpine Drive - Res. # 115-07 - Questioned the cost. - Res. # 118-07 - Questioned whose decision it is to or not to proceed with the grant.

C. Honis made a motion to close Public Input on Resolutions and Old Business on this agenda.  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 the equipment purchased under the grant is for all the schools in the Township and not for private property purposes.
 
 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. Kates had some additional comments for the March 6, 2007 Regular Meeting Minutes.

C. Gussen made a motion to approve the Consent Agenda, except March 6, 2007 Regular Meeting Minutes,   Resolution #124-07 and #125-07. Seconded by C. Rudolph.

C. Rudolph stated that he will be recusing himself from Resolution # 118-07.

Mrs. Fall read the following items into the record:

MINUTES

March 13, 2007 - Workshop Meeting.
March 20, 2007 - Closed Session Meeting - Approved For Content Only.
March 20, 2007 - Regular Meeting.
March 26, 2007 - Special Meeting.

RESOLUTIONS

114-07 . Authorize the Submission of 2007 Municipal Recycling Tonnage Grant Application.
115-07. Authorize Computer/ Camera Equipment Purchase for Teaneck Schools - Joint Grant.
116-07 . Authorize Purchase Order - Sports Equipment - Various - Corby Associates.
117-07. Authorize Purchase Order - Rock Salt for Winter Snow Storms - Cargill Inc.
118-07. Authorize Participation - Bergen County Solar Power Initiative - BCIA.
119-07. Establish National Incident Command System.
120-07. Authorize Tax Appeal Settlement - Block 6002, Lot 8.
121-07. Award Professional Services Contract - Christopher P. Statile, P.A. - Teaneck's Historic Burial    Ground.
122-07. Appropriate Funds - Capital Improvement Fund.
123-07. Award Professional Services Contract - Christopher P. Statile, P.A. - Ward Plaza, TEA 21    Grant.

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.

Recused: C. Rudolph (Res. # 118-07)

C. Kates made a motion to approve the March 6, 2007 - Regular Meeting minutes.  Seconded by C. Feit.

C. Kates added wording to an item on page eight of the minutes.  Council was in agreement with the addition.

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 Res. # 124-07 - Authorize Official Newspaper - County Seat.  Seconded by C. Honis.

C. Gussen feels that since the County Seat newspaper is published bimonthly that it is not a timely enough newspaper to publish respective items of the Township.

C. Feit questioned if there is criteria for designating a newspaper for publishing legal advertisements.

Mr. Turitz explained there is criteria.

Mrs. Fall stated that The Record and The Star Ledger are the only papers that are used for legal notices and the other papers are used for press releases along with The Record and Star Ledger.

C. Kates is not in support of having the County Seat as an official paper.

Carried by the following vote:

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

Opposed: C. Kates, C. Honis.

Absent: None.

Abstained: C. Parker

C. Rudolph made a motion to approve Res. # 125-07 - Authorize the Acceptance of Less Than 100% of the Tax Bill to Assist Tax Payers with Financial Hardship.  Seconded by C. Honis.

C. Honis wanted more information on how the payments work within the Township vs. the State's requirements.

Mrs. Fall explained the State's Law requires 100% of the taxes payment to be paid at one time.  A municipality may accept partial tax payments if the Council adopts a resolution.   There has been a long standing practice to accept partial tax payments and she recommended the resolution be adopted so that we can continue the practice.

C. Honis requested that the last few words of the proposed resolution regarding “financial hardship” be deleted.  Council concurred.

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 $4,105,009.79 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, Mayor Katz.

Opposed: None.

Absent: None.

OLD BUSINESS

None.

GOOD AND WELFARE

Art Vatsky - 950 Garrison Avenue - Spoke about parking for bicycles, line of site for corners, and wet salt becoming a pollutant.

Genevieve Maiberger - 89 Bogert Street - Commented about Resolution #125-7 and thanked Council for changing the last section of Resolution # 125-07.

Joan Davis - 976 Alpine Drive - Questioned where the contributions are coming from for the TEDC Budget.

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.

Mrs. Fall explained the money appropriated for TEDC in the Municipal Budget is not released until the Council determines the amount to be released.  The CLSID budget money does not come from the general tax payers but from the taxpayers within the District itself. 

MISCELLANEOUS

C. Kates asked Mr. Turitz if Pay-To-Play subcommittee could meet at the end of April.  Mayor Katz would like to join the Pay-to-Play subcommittee.

Mayor Katz discussed an appropriate way to remember former Municipal Clerk Robyn J. LaMorte.  Mrs. Fall explained the employees of the Manager’s and Clerk’s Office are purchasing a Weeping Cherry tree in a raspberry color and will be planting it on June 4, 2007.

Council discussed purchasing a bench to put by the tree, at the expense of the individual Council members.  Mr. Turitz asked to be included.  Mrs. Fall will provide Council with some bench information.

NEW BUSINESS

None.

COMMUNICATIONS

C. Gussen received a letter from a resident complaining how slow people are to remove snow from the public sidewalks.  C. Gussen would like to list on a workshop meeting.
COMMITTEE REPORTS - COUNCIL LIAISONS

C. Kates - SCAB - Will be having a meeting on April 18 at the Concierge Club with a guest speaker from AAA speaking about responsible driving.

C. Gussen - PPRAB - Will be having a meeting on April 16 at the Rodda Center; included on the agenda is the Teaneck Rowing Club boat launch.

TOWNSHIP MANAGER'S REPORT

1. Set May 2007 Retreat Date.

Council discussed whether or not the need a facilitator for these meetings.  They feel that they have made significant progress already. 

Mrs. Fall will circulate possible meeting dates.

2. Discuss DOA Report Meeting Dates.

Council discussed when they would like the next meeting with Birdsall Engineering, Inc. to be to discuss the DOA. 

Mrs. Fall explained that this meeting is for the public to meet and speak with the planner, as promised by Council in January.  The tentative date for this meeting is April 23.

Council discussed the necessity of this meeting, the next steps that need to be taken in regards to the DOA and Master Plan, having the planner revise the DOA to better fit the final Master Plan, and postponement of the meeting until everything is updated.

Council determined to not move forward with the April 23rd meeting, and to ask the Planner to present Draft 2 of the Report highlighting the parts of the Report which would now be in conflict with the adopted Master Plan.  After Council receives this report they will then discuss the next public meeting date.

TOWNSHIP ATTORNEY’S REPORT

Mr. Turitz commented on 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. He said that in considering the Council comments he believes that the language regarding the ability of Council-elect to meet to discuss boards was probably put in as part of the change in government which occurred in 1988 as would not be applicable that time period. Mr. Turitz will prepare an amendment to the Ordinance.

ADJOURNMENT

On a motion made, seconded and unanimously carried, the meeting was adjourned at 9:53 p.m.

HELENE V. FALL, MPA, CPM, MUNICIPAL MANAGER R# 49-07