April 24, 2007 Regular Meeting - Home

April 24, 2007 Regular Meeting

Date: April 24, 2007

MINUTES OF A REGULAR MEETING OF THE TEANECK TOWNSHIP COUNCIL
HELD IN THE
MUNICIPAL BUILDING COUNCIL CHAMBERS
ON TUESDAY, APRIL 24, 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.

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, SU GUIA 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.

PRESENTATIONS

1. Certificate of Appreciation - Samuel Topaz - Courageous Service - W.W.II.

Mayor Katz presented a certificate to Mr. Topaz for his military service during W.W.II and in recognition of his recent award of the Bronze Star.

2. Library Board Recognition - Barbara Peckham and Frances Berniker - Library Volunteers.

Mayor Katz and C. Gussen presented Ms. Peckham and Ms. Berniker for their commitment to the Library.  Library Board President Evalyn Brownstein also presented Ms. Peckham and Ms. Bernicker with presents to honor their continued service.

3. Certificate of Recognition - Detective Wayne T. Blanco - 25 Years of Service.

Mayor Katz presented Detective Blanco with a certificate and a watch for his 25 years of service with the Township.  Mrs. Fall and C. Kates had kind words to say as well as Chief Tiernan.

4. Certificate of Recognition - Sergeant James C. Thompson - 25 Years of Service.

Mayor Katz presented Sergeant Thompson with a certificate and watch for his 25 years of service with the Township.  Mrs. Fall and Chief Tiernan had kind words to say.

HEARINGS ON ORDINANCES

None.

INTRODUCTION OF ORDINANCES

C. Feit introduced the following ordinances and setting May 8, 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 titles of the following Ordinances into the record:

ORDINANCE #4003 -  BOND ORDINANCE PROVIDING FOR 2007 ANNUAL ROAD RESURFACING AND CURB PROGRAM IN AND BY THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, NEW JERSEY APPROPRIATING $760,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $722,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

ORDINANCE #4004 -  BOND ORDINANCE PROVIDING FOR ACQUISITION OF A PACKER TRUCK IN AND BY THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, NEW JERSEY APPROPRIATING $253,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $240,350 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

ORDINANCE #4005 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF TEANECK SECTION 33-25(m) OF THE DEVELOPMENT REGULATIONS, TO PERMIT ANTENNAS AS A CONDITIONAL USE WHERE OTHER ANTENNAS ARE EXISTENT ON THE ROOFTOPS OF BUILDINGS.

ORDINANCE #4006 - AN ORDINANCE AMENDING SECTIONS 30-22, 30-24 AND 30-25 OF ARTICLE IV, " SEWER USE AND CHARGES," OF CHAPTER 30, "SEWERS AND SEWAGE DISPOSAL" OF THE CODE OF THE TOWNSHIP OF TEANECK.

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

Joan Davis - 976 Alpine Drive - Res. #s 153-07, 156-07 - Questioned the extension of the contract and the amount being paid to Birdsall Engineering Inc. (BEI).  Does not feel that BEI is an acceptable consulting firm.

Naomi Cramer - 623 Maitland Avenue - BEI - Would like Council to find a new consulting firm.

Dara Picard - 342 Van Buren Avenue - BEI, Preiss - Is not sure what services $2,000 would pay for from now until December.  Questioned why Preiss is working for us regarding COAH.

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.

Mrs. Fall explained that Res # 153-07 increased the not to exceed amount of the contract an additional $10,000 based upon the additional work required to complete the Master Plan which required additional meetings and two complete drafts.  Res # 156-07 extends the contract period for General Planning services to December 31, 2007.  The $2,000 is a not to exceed amount which is not changing and which would only be used if the Township, Planning Board and/or Board of Adjustment required general planning services.

With respect to the contract with Richard Preiss, Mrs. Fall explained that he prepared the Township’s Round 3 COAH application.   The original contract was in 2005 and is now being extended  since the application has still not been approved by the State..  This project is very detailed and has required many steps and Mr. Turitz did not recommend changing planners as it would be counterproductive to continue with a different firm.
 
 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 Res #s 152-07 - 157-07.  Seconded by C. Rudolph.

MINUTES

March 13, 2007 - Closed Session - Approved for Content Only.
April 5, 2007 - Closed Session - Approved for Content Only.
April 11, 2007 - Special Regular Meeting.
April 11, 2007 - Closed Session - Approved for Content Only.

RESOLUTIONS

129-07. Execute 2007 Public Health Nursing Contract - HNH.
130-07. Authorize Water Main Extension - DeMott Avenue.
131-07. Authorize Legal Compensation - First Quarter 2007- J. Dennis Kohler, Esq.
132-07. Award Contract - RRCC Cleaning Services - Oriental Pacific.
133-07. Ratify Payments - CFO - March 2007.
134-07. Refund Tax Overpayments - 2005, 2006, 2007 - Various.
135-07. Authorize Transfer - Tax Overpayments - Block 105, Lot 20.
136-07. Authorize Appropriation of Funds - 2006 Curb and Sidewalk Replacement Program. 
137-07. Amend Contract - 2006 Curb and Sidewalk Replacement Program - Schwanewede/Hals     Engineering.
138-07. Amend Contract - The Concrete Masters, Inc. - 2005-2006 Curb & Sidewalk Replacement    Program.
139-07. Authorize Advertising Support for 2007 Farmers’ Market.
140-07. Approve 2007 Farmers’ Market - Garrison Avenue Parking Lot.
141-07. Approve Extra Legal Compensation - H. Ritvo, Esq. - Escrow - September 2006 - December    2006.
142-07. Approve Extra Legal Compensation - H. Ritvo, Esq. - Master Plan and Zoning Ordinance    Update - October 2006 - December 2006.
143-07. Appoint Members to Advisory Board on Community Relations.
144-07. Appoint Members to Teaneck Clean and Green Committee.
145-07. Appoint Member to Advisory Board on Parks, Playgrounds and Recreation.
146-07. Appoint Member to Social Services Advisory Board.
147-07.  Appoint Members to Shade Tree Advisory Board.
148-07.  Appoint Members to the Library Board.
149-07. Appoint Members to the Teterboro Airplane Noise Abatement Action Committee.
150-07. Amend 2007 Council Meeting Schedule - Change Date - 5/22/07 to 5/21/07.
151-07. Amend 2007 Meeting Schedule - Add Special Regular Meetings - Liquor Licenses Hearings.
152-07. Amend Contract - Phillips Preiss Shapiro Associates, Inc. - COAH Round 3 Certification.

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.

Abstain: Mayor Katz (Res # 137-07)

C. Kates made a motion to approve Res # 153-07 - Amend Contract - Birdsall Engineering, Inc. - Master Plan Update.  Seconded by . C. Honis.

C. Kates feels there should be payment for work already done so she will vote yes for this resolution but not for Resolution # 156-07.

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 approve Res # 154-07 - Amend Recreation Department Fees - Room Rentals, Youth Division, Preschool Program and After School Child Care Program.  Seconded by C. Rudolph.

DM. Parker reported that she visited the Recreation Department.  The Day Care does provide services under the County subsidy program - Office for Children.  Having learned this DM. Parker will now support the Resolution.

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 approve Res. # 155-07 - Amend 2007 Council Meeting Schedule - Add Closed Session - 5/2/07.  Seconded by C. Kates.

DM. Parker indicated that the meeting conflicts with the Board of Education reorganization meeting.  She feels as the other elected body in this town, they should all be there.  Council agreed with DM. Parker.

Mrs. Fall explained that they may adjourn and reconvene for this meeting.  Council determined to start the meeting 6 PM, adjourn between 7:45 and 8:15 and have the appointments scheduled for this time moved earlier and later in the evening.

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. Honis made a motion to approve Res. # 156-07 - Extend Birdsall Engineering, Inc. Contract - General Planning Services.  Seconded by C. Gussen.

Carried by the following vote:

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

Opposed: C. Kates, C. Honis.

Absent: None.

Abstain: DM. Parker.

DM. Parker made a motion to approve Res. # 157-07 - Approve 2007 Monday Market Pilot Program - Teaneck Road/ Beverage Street Parking Lot.  Seconded by C. Rudolph.

DM. Parker questioned if the Township is still committed to fund the second Farmers Market even if we do not receive the Grant. 

Mrs. Fall explained that we would still fund a second market by adoption of this resolution.

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 $7,362,429.41 when properly approved, sworn to and the money is available.  Seconded by C. Honis and carried by the following vote:

C. Gussen commented on the cost of electricity and requested the Township commits to purchasing more energy efficient bulbs. 

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

Betty Miller - Prospect Avenue - Hackensack, NJ - Was involved in a hit and run which took 16 days for the Police Department to investigate.  Ms. Miller was not satisfied with the time it took.

Laura Zucker - 62 Hillside Avenue - Eminent Domain - Thanked Council for the e-mail that were sent to her and does not understand the comments regarding a non-binding ordinance if Council were to adopt one prohibiting the use of eminent domain.

Naomi Cramer - 623 Maitland Avenue - Asked how we find out who is appointed to the boards tonight and feels that eminent domain is too much power for seven people to have.

Art Vatsky - 950 Garrison Avenue - Spoke about the Master Plan and different ways to conserve energy.

Joan Davis - 976 Alpine Drive - Feels that the Master Plan's first goal should be to conserve energy.  Questioned the negotiation with Green Acres concerning PHQ.

C. Honis made a motion to close the Good and Welfare portion of the meeting to the public.  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 advised that the resolution listing the names of the board appointments was available to the public tonight and provided Mrs. Cramer with an agenda packet.

C. Kates spoke about eminent domain and the power that it gives Council, not giving up the power and not exercising it.  C. Kates also spoke about sub committees and an internal bus service

DM. Parker feels that eminent domain is an awesome power and she would not exercise it for private homes but for private businesses. Council is drafting a Resolution to commit to smart eminent domain.

C. Gussen feels that limiting Council's own rights is dangerous and questioned how he can be asked to vote on something that has not come before the Council as of yet.

S. Turitz reported that eminent domain within NJ cannot take place at just any time.  The State has strict guidelines for overtaking private property.  A declaration of blight, or a public safety and health situation is required as well as many public meetings held by the Planning Board and Township Council.

Mayor Katz requested a status regarding the Police Headquarters and Green Acres.  Mr. Turitz responded that he needs to obtain information from the Planner, after which time he will meet with Green Acres and report to Council.

MISCELLANEOUS

Mayor Katz - MVC - Asked Council if they wish to encourage legislators to encourage the State to have an MVC in this area.  Council determined not to get involved.

C. Kates - Pay-to-Play - Mayor Katz and  C. Kates are one the current subcommittee.  C. Rudolph requested to join and will be meeting with Mr. Turitz.
C. Gussen - Light Bulbs - Requests that incandescent light bulbs be placed on an up coming workshop meeting for Council to discuss about having an Ordinance to implement incandescent light bulbs throughout the Township.  Mrs. Fall explained that it would only have to be a Resolution and will list for Workshop.

C. Feit  - Steuben House - The Steuben House was effected by the flood with $1.5 million in damage.  C. Feit would like a Resolution drafted to have the State fund the estimated $1.5 million needed for repairs and to draft an action plan to prevent this from occurring again in the future.

NEW BUSINESS

None.

COMMUNICATIONS

DM. Parker requested a follow up letter be sent to Commissioner Kolluri of the Department of Transportation regarding the repair done on the ramp for Route 4 on North Teaneck Road.  The Department of Transportation advised they completed the work in their April 20, 2007 letter and the exit has not been repaired.

COMMITTEE REPORTS - COUNCIL LIAISONS

C. Feit - ABCR - Had a meeting last night and spoke about planning and budgeting.  ABCR discussed asking Council to pay for a tape recorder as they no longer are provided with secretarial services.  The cost will be $39.00.  Mrs. Fall Suggests allotting them $50.00, to include the purchase of tapes.

- Interviewing - Asked the process in which to interview members on ABCR since they have no limit to the number of members on the board.  Mrs. Fall explained that in the past Council did not re-interview members.

- Planes - Would like appropriate representation at the rerouting of planes meeting.

C. Kates - SCAB - Had a representative from AAA at their last meeting who spoke about aggressive driving and road rage.  The Board welcomed the idea of having a "Friends of the Seniors".

- POAB - Would like to present to service groups on Memorial Day.

- Teaneck Road Futurescape - At the meeting yesterday, they discussed street furniture, benches and light along Teaneck Road. DM. Parker added that they will be taking a walk up and down Teaneck Road on May 4, 2007 to find places to point out where they would like improvements to be made.

C. Honis - HRGAB - Spoke about receiving potential grant funds for the Greenway.

TOWNSHIP MANAGER'S REPORT

1. I have probationally appointed Elizabeth McDermott to the position of Clerk Typist with the Recreation Department effective April 9, 2007.

2. I have probationally appointed Carol Stevenson to the position of Clerk Steno with the Police Department effective April 16, 2007.

3. I have provisionally promoted Lucretia Martens to the position of Senior Clerk Typist with the Police Department effective April 16, 2007.

4. 201 Magazine.

Mrs. Fall advised Council that 201 Magazine is doing an article on cooking in Fire Houses in Hackensack, and Englewood and they would like to include Teaneck.  The article will feature a recipe from each house.  Council thinks this is a great idea feels Teaneck should participate.

5.   Storm.

Mrs. Fall stated that the Teaneck Police Department, Fire Department, and Public Works Department did an outstanding job providing residents with services during and after the recent storm.


TOWNSHIP ATTORNEY’S REPORT

None.

ADJOURNMENT

On a motion made, seconded and unanimously carried, the meeting was adjourned at 10:07 p.m.

HELENE V. FALL
MUNICIPAL MANAGER