May 8, 2007 Regular Meeting - Home

May 8, 2007 Regular Meeting

Date: May 8, 2007

MINUTES OF A REGULAR MEETING OF THE TEANECK TOWNSHIP COUNCIL
HELD IN THE
MUNICIPAL BUILDING COUNCIL CHAMBERS
ON TUESDAY, MAY 8, 2007

Mayor Katz called the Regular Meeting of the Teaneck Township Council to order at 8:16 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. 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, 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.

Mayor Katz informed the public that Council met in Closed Session concerning personnel; thanked Francisco Martinez and Angel Rios of the Department of Public Works; announced the presence of Police Chief Paul M. Tiernan; and informed the public that the next Regular Council Meeting is scheduled for May 21, 2007.

PRESENTATIONS

1. Certificate - Promotion Recognition - Lucretia Martens.

Mrs. Fall presented the Certificate to and spoke in honor of Ms. Martens.  Ms. Martens expressed thanks to Council, Administration and Police Administration.   

2. Proclamation - Arbor Day.

Mayor Katz and C. Rudolph presented the Proclamation to Nancy Cochrane, Shade Tree Advisory Board Chairperson.  Ms. Cochrane announced the details of Arbor Day.

3. Proclamation - Building Bridges to Unity Day 2007.

Mayor Katz and C. Honis presented the Proclamations to representatives of Thomas Jefferson and Benjamin Franklin Middle Schools and the Charter School.  Representatives of the schools spoke, and the students of said schools read a Proclamation into the record.  Mayor Katz and C. Honis read the Township Proclamation into the record.

HEARINGS ON ORDINANCES

Bond Ordinance #4003

First reading by title only on April 24, 2007 advertised April 27, 2007 and posted on the bulletin board.

Mayor Katz declared the hearing on Bond Ordinance #4003 open, asking if anyone wished to comment on this ordinance.

No one came forward.

C. Feit made a motion that the hearing on Bond Ordinance #4003 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:

BOND 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.
  
C. Feit made a motion that Bond Ordinance #4003 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.

Bond Ordinance #4004

First reading by title only on April 24, 2007 advertised April 27, 2007 and posted on the bulletin board.

Mayor Katz declared the hearing on Bond Ordinance #4004 open, asking if anyone wished to comment on this ordinance.

No one came forward.

C. Kates made a motion that the hearing on Bond Ordinance #4004 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:

BOND 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.

C. Kates made a motion that Bond Ordinance #4004 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 #4005

First reading by title only on April 24, 2007 advertised April 27, 2007 and posted on the bulletin board.

Mayor Katz declared the hearing on Ordinance #4005 open, asking if anyone wished to comment on this ordinance.

Naomi Cramer - 623 Maitland Avenue - questioned height restrictions.

Joan Davis - 976 Alpine Drive - spoke about the Ordinance concerning comments made previously about residents from Beverly Road and Fire Station No. 2.

DM. Parker made a motion that the hearing on Ordinance #4005 be closed and that it proceed to second and final reading by title only.  Seconded by C. Rudolph and carried by the following vote:

Mrs. Fall and Mr. Turitz explained that the purpose of this Ordinance is only to amend what is already in effect and as per the request of the Board of Adjustment, which is to allow antennas on buildings; the previous ordinance was to allow cell towers on certain properties.

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 #4005 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF TEANECK, SECTION 33-35(m) OF THE DEVELOPMENT REGULATIONS, TO PERMIT ANTENNAS AS A CONDITIONAL USE WHERE OTHER ANTENNAS ARE EXISTENT ON THE ROOFTOPS OF BUILDINGS.

DM. Parker made a motion that Ordinance #4005 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 #4006

First reading by title only on April 24, 2007 advertised April 27, 2007 and posted on the bulletin board.

Mayor Katz declared the hearing on Ordinance #4006 open, asking if anyone wished to comment on this ordinance.

No one came forward.

C. Rudolph made a motion that the hearing on Ordinance #4006 be closed and that it proceed to second and final reading by title only.  Seconded by C. Honis 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 #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.

C. Rudolph made amotion that Ordinance #4006 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.
INTRODUCTION OF ORDINANCE

C. Honis introduced the following ordinance and setting May 21, 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 ordinance.  Seconded by Mayor Katz.
     
Mrs. Fall read the title of the following Ordinance into the record:

ORDINANCE #4007 - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 33, "DEVELOPMENT REGULATIONS" OF THE TOWNSHIP CODE AND SPECIFICALLY SECTION 33-17 "SITE PLAN REVIEW PROCEDURES".

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

Laura Zucker - 62 Hillside Avenue - spoke about Resolution #171-07.

Joan Davis - 976 Alpine Drive - spoke about Resolutions #168-07 and #176-07.

Naomi Cramer - 623 Maitland Avenue - spoke about Resolution #176-07.

C. Gussen 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:

Mrs. Fall informed that the Township has entered into a Contract with The Bergen County Utilities Authority, not Waste Management, for the disposal of solid waste generated by the Township containers.

Mr. Turitz informed that the Developer's Agreement for Dunkin Donuts is required, as per the approval of the Board of Adjustment and; it is an administrative policy which Council must approve.  The Board of Adjustment had granted a use variance.

C. Gussen 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.

C. Feit made a motion to approve the Consent Agenda, except Resolution #176-07.  Seconded by DM. Parker.   .
Mrs. Fall read the titles of the following items into the record:

MINUTES

April 11, 2007 - Regular Meeting.
April 18, 2007 - Closed Session - Approved For Content Only.
April 18, 2007 - Workshop Meeting.
April 24, 2007 - Closed Session - Approved For Content Only.
April 30, 2007 - Closed Session - Approved For Content Only.


RESOLUTIONS

164-07  Authorize Submission of SHARE Grant For Feasibility Study With Englewood Fire     Department.
165-07  Approve Legal Compensation - H. Ritvo, Esq. - Escrow - Miscellaneous.
166-07  Authorize Disposal/Destruction of Obsolete Police Radios and Ancillary Equipment.
167-07  Authorize Recycling/Sale of Used Vehicle Batteries To Interstate Batteries.
168-07  Authorize Solid Waste Agreement With The Bergen County Utilities Authority.
169-07  Authorize CLSID Sidewalk Sales on Thursdays - June 1, 2007 Through October 31, 2007.
170-07  Endorse Amendment to Education Funding Formula for Equity.
171-07  Authorize Execution Of Developer's Agreement - Hamed Saraj (Proposed Dunkin     Donuts/Baskin Robbins Drive-Thru).
172-07  Amend 2007 Council Meeting Schedule - Add 5/17/07 Special Meeting - Realtors - 7 p.m. to
  9 p.m.
173-07  Authorize Grant Agreement With The County of Bergen - 2006 Community Development    Block Grant Funds.
174-07  Award Contract - Bergen County Animal Shelter - Animal Control Services - 2007.
175-07  Award State Contracts to Dell Computer Corporation, Promedia Technology Services, Cody    Computer Services - Police Department Computer Project.

Carried by the following vote:

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

Opposed: Mayor Katz (Resolution #174-07)

Absent: None.

C. Kates made a motion to discuss and approve Resolution #176-07.  Seconded by C. Rudolph.

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

176-06  Urge Clarifications to Current Eminent Domain Law.

C. Kates suggested that the fourth "whereas" clause be removed and additional language be added which she provided to Mrs. Fall, Council and the Public.

C. Gussen suggested strengthening the criteria.

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

Opposed: None.

Abstained: C. Honis.

Absent: None.

Mayor Katz announced the presence of Ronn Goodman, former member of the Cable TV Advisory Board and Auxiliary Police Officer.

BILL LIST

C. Kates 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 $5,601,727.67 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.

Abstained: DM. Parker (entire Bill List).

Absent: None.

OLD BUSINESS

None.

GOOD AND WELFARE

Lillian Lewis, North Teaneck Road Business Alliance - informed Council that landlords have enhanced business locations, and read the locations into the record of the 10 properties along Teaneck Road.

Mark Lieberman, Business Owner - 480 Alfred Avenue - informed Council of a municipal sewer system problem which is negatively affecting his business and requested direction from the Council.

Laura Zucker - 62 Hillside Avenue - spoke about the Holuba property.

Mohammad Mian - 206 Hillside Avenue - thanked Council for the opportunity to serve on the Advisory Board on Community Relations.

Naomi Cramer - 623 Maitland Avenue - spoke about the Holuba property and questioned a ten-year lapse and if in fact the building is considered abandoned.

Joan Davis - 976 Alpine Drive - spoke about the Holuba property; and suggested free internet service for the residents of the Township.

DM. Parker 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.

Council extensively discussed the Holuba property and the concerns of the residents which had been expressed during the Master Plan process before the Planning Board; and made suggestions in an effort to be proactive with the situation, such as the establishment of a Subcommittee or scheduling a hearing for public input.

Mr. Turitz informed Council that an ordinance could be introduced based upon the Planning Board's recommendation; informed that Holuba made application to the Building Department, and as such, the application does not go before the Council but would go before one of the Board’s; informed Council that the formation of a Subcommittee is a policy decision which must be made by Council; and advised that rendering decisions with respect to this matter is not Council's role.  Mrs. Fall suggested referring the matter to the Planning Board, asking them to hold a public hearing, inviting the neighbors within 200’ as well as the property owners and then asking the Board to come back to the Council with recommendations for the zoning.  Council concurred.

Mrs. Fall provided her business card to Mr. Lieberman; she will investigate and contact Mr. Lieberman.
C. Gussen informed Ms. Davis that free internet service is provided to the residents at the public library in addition to wireless access in the vicinity of West Englewood Avenue.

MISCELLANEOUS

None.

NEW BUSINESS

None.

COMMUNICATIONS

None.

COMMITTEE REPORTS - COUNCIL LIAISONS

DM. Parker informed that the Youth Task Force met, over the course of the past weeks,  with Bob Webber, Chairperson of the Youth Task Force - Visioning Project, the Assistant Superintendent of Recreation Ms. Gillispie, the Board of Education and The FORUM.  The Task Force is suggesting the formation of a youth advisory board comprised of 11 children, ages 8 through 12 for the purposes of youth input; requesting funds for gang education and funds for Teaneck Comes Together; requesting services for children, ages 14 through 17 at the Recreation Department.  It was determined to list the report for discussion at the next workshop meeting.

TOWNSHIP MANAGER'S REPORT

1. Status of Submission of Financial Disclosure Forms to State.

Mrs. Fall announced the following individuals have not submitted their forms, to date:
Board of Adjustment - Mr. Barta; Planning Board - Ms. Karibi-Whyte and Mr. Rose; Environmental Commission - Ms. Furman; Library Board - Mr. Kalin; and Social Services Advisory Board - Mr. Lyons.  C. Gussen asked that the expiration terms of these members be provided to the Council - Mrs. Fall will provide.

Mr. Turitz informed Council that the State has a process in place for failure to file said forms, and Council can only consider this at the time of reappointments. 

2. Set May 2007 Retreat Date.

Mrs. Fall suggested May 31 and June 4 since Mr. Turitz had advised that neither date would be needed for liquor license hearings as he was only recommending a hearing be held for Geronimos.  Council will inform Mrs. Fall of their availability via email.

3. Cedar Lane Street Festival - Contribution of Funds.

Mrs. Fall informed Council that the Cedar Lane Streetscape Improvement District will reimburse $2,500 to the Township to offset a portion of the cost of the Memorial Day Festival, incurred for Township staff.  Council was agreeable.

TOWNSHIP ATTORNEY’S REPORT

None.
ADJOURNMENT

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

HELENE V. FALL
MUNICIPAL MANAGER