May 21, 2007 Regular Meeting - Home

May 21, 2007 Regular Meeting

Date: May 21, 2007

MINUTES OF A REGULAR MEETING OF THE TEANECK TOWNSHIP COUNCIL
HELD IN THE
MUNICIPAL BUILDING COUNCIL CHAMBERS
ON MONDAY, MAY 21, 2007

Mayor Katz called the Regular Meeting of the Teaneck Township Council to order at 8:10 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 and Resolution #150-07 amending 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 about Resolution #208-07; informed the public that Council met in Closed Session to discuss matters concerning personnel and litigation; thanked Francisco Martinez and George Tadiello of the Department of Public Works; informed the public that the next Council Meeting is scheduled for June 12, 2007; reminded the public about Memorial Day Observance and Primary Election Day, June 5, 2007.

PRESENTATIONS

1. Proclamation - Emergency Medical Services Week.

Mayor Katz and C. Feit presented the Certificate to Eliayhu Cooper of the Teaneck Volunteer Ambulance Corps and read the Certificate into the record.

2. Certificate of Appreciation - Georgette Delinois - Advisory Board on Community Relations.

Mayor Katz and C. Feit presented the Certificate to Ms. Delinois.  Ms. Delinois expressed gratitude for the recognition and commended the Advisory Board on Community Relations.

C. Kates commended Ms. Delinois.

3. Township Certificate of Recognition / NJLM Certificate of Participation - Jason Kornmehl -
 2007 NJLM Louis Bay II Future Municipal Leaders Scholarship Competition.

Mayor Katz and C. Feit presented the Township Certificate and the New Jersey League of Municipalities Certificate to Jason Kornmehl, who informed Council that he became a finalist as a result of his essay regarding the Mayor and Council.  The recipient thanked the Mayor and Council.

4. Certificate of Appreciation - Dena Florczyk -"Nigerian School Project" and "Walking Together"   Walk-A-Thon..

Mayor Katz and DM. Parker presented the Certificate to Ms. Florczyk, a Teaneck High School Teacher and Director of Volunteer Program for Nigerian students.  Students appeared and spoke with respect to June 3, 2007 event, and Ms. Florczyk expressed gratitude to the Council.

 

HEARINGS ON ORDINANCE

Ordinance #4007

First reading by title only on May 8, 2007 advertised May 11, 2007 and posted on the bulletin board.

Mayor declared the hearing on Ordinance #4007 open, asking if anyone wished to comment on this ordinance.

Joan Davis - 976 Alpine Drive - questioned the authority of the Site Plan Review Board.

C. Feit made a motion that the hearing on Ordinance #4007 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 #4007 - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 33, "DEVELOPMENT REGULATIONS" OF THE TOWNSHIP CODE AND SPECIFICALLY SECTION 33-17 "SITE PLAN REVIEW PROCEDURES".

C. Feit made a motion that Ordinance #4007 be passed on second and final reading and adopted.  Seconded by Mayor Katz and carried by the following vote:

Mrs. Fall clarified that the Ordinance is not new; a section was deleted in error when revisions were made to the Code to include cell towers.  The purpose of this Ordinance is to correct only; and informed that is it mandatory that the Board of Adjustment and Planning Board applications must go before the Site Plan Review Advisory Board for review.

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

Opposed: None.

Absent: None.

INTRODUCTION OF ORDINANCES

C. Kates introduced the following Ordinances and setting June 12, 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 and carried by the following vote:

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

ORDINANCE #4008 - AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "TRAFFIC" OF THE TOWNSHIP CODE.

ORDINANCE #4009 - AN ORDINANCE AMENDING SECTION 33-32 "SPECIAL IMPROVEMENT DISTRICT," OF CHAPTER 33, "DEVELOPMENT REGULATIONS," OF THE CODE OF THE TOWNSHIP OF TEANECK RESPECTING THE CREATION AND DESIGNATION OF THE CEDAR LANE MANAGEMENT GROUP TO FUNCTION AS A DISTRICT MANAGEMENT CORPORATION FOR THE CEDAR LANE SPECIAL IMPROVEMENT DISTRICT.

ORDINANCE #4010 - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2, APPENDIX III OF THE TOWNSHIP CODE ENTITLED "FEES AND CHARGES FOR CERTAIN TOWNSHIP SERVICES" RELATING TO FEES FOR THE PERFORMANCE OF MARRIAGES AND CIVIL UNIONS BY THE MAYOR OR DEPUTY MAYOR (WHEN AUTHORIZED BY THE MAYOR).
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 - commented about Resolutions #184-07 and #188-07; questioned attorney fees; commented about shared services; and requested that board appointees be introduced to the public.

DM. Parker 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 informed that legal fees are listed for approval by resolution prior to be listing on Bill List; explained the procedure with to be used with the Pilot Program for shared services with Hackensack; and informed that members of the public may review the Advisory Board Calendar which is posted on the Township Website wherein dates and times are provided for each Advisory Board Meeting.

C. Rudolph expressed gratitude to Mrs. Fall for her cooperation with respect to Resolution #188-07.

C. Gussen reminded the public that the Township offers free internet access at the Library.

 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. Rudolph made a motion to approve the Consent Agenda, except Resolutions #208-07 and #207-07.  Seconded by Mayor Katz.

Mrs. Fall read the following items into the record:

RAFFLES

All subject to approval and conditions applicable with the Legalized Games of Chance Control Commission and pursuant to State Statute.

RA # 1215 - Sinai Special Needs Institute - Off - Premise 50/50 Cash Raffle - $20.00.
RA # 1216 - Veterans of Foreign Wars Post #1429 - On-Premise 50/50 Cash Raffle - $20.00.
RA # 1217 - Veterans of Foreign Wars Post #1429 - On-Premise 50/50 Draw Raffle - $20.00.

MINUTES

April 24, 2007 - Regular Meeting.
May 2, 2007 - Closed Session Meeting (Mayor Katz, Absent) - Approved For Content Only.
May 7, 2007 - Special Closed Meeting - Approved For Content Only.
May 8, 2007 - Regular Meeting.

RESOLUTIONS

180-07  Authorize Participation In NJ Interoperability Communication System.
181-07  Refund 2006/2007 Tax Overpayments - Various.
182-07  Amend 2007 Council Meeting Schedule - Change Time Of 6/12/07 Closed Session Meeting.
183-07  Authorize Submission of "Obey The Signs Or Pay The Fines" Grant Application.
184-07  Authorize Extra Legal Compensation - Harold Ritvo, Esq. - Master Plan - 1st Quarter 2007.
185-07  Ratify Payments - Chief Financial Officer - April, 2007.
186-07  Authorize Awning Encroachment Into Public Right-Of-Way - 370 Queen Anne Road.
187-07  Amend 2007 Council Meeting Schedule - Add 6/13/07 Council Retreat Meeting.
188-07  Authorize Pilot Program - Shared Services - City of Hackensack.
189-07  Ratify Submission - FIRE Act Grant - FEMA.
190-07  Authorize Extra Legal Compensation - Harold Ritvo, Esq. - Litigation - 1st Quarter 2007.
191-07  Authorize Legal Compensation - Peckar & Abramson, P.C. - 1st Quarter 2007.
192-07  Authorize Legal Compensation - Genova, Burns & Vernoia - 1st Quarter 2007.
193-07  Authorize Legal Compensation - Ferrara, Turitz, Harraka and Goldberg, Esqs. - 1st Quarter    2007.
194-07  Authorize Legal Compensation - DeCotiis, Fitzpatrick, Cole & Wisler, LLP - 1st Quarter 2007.
195-07  Authorize Appropriation of Capital Improvement Funds - Resurfacing of Fycke Lane.
196-07  Award Professional Services Contract - Schwanewede/Hals Engineering- Resurfacing Fycke    Lane.
197-07  Authorize Reappointment To The Shade Tree Advisory Board.
198-07  Authorize Reappointments To The Board of Adjustment.
199-07  Authorize Reappointments/Appointment To The Site Plan Review Advisory Board.
200-07  Authorize Appointment To The Social Services Advisory Board.
201-07  Authorize Appointment To The Advisory Board On Community Relations.
202-07  Authorize Appointment To The Advisory Board On Finance.
203-07  Authorize Appointment To The Ethics Board.
204-07  Authorize Appointments To The Cable TV Franchise Renewal Advisory Board.
205-07  Authorize Emergency Repair - Collapsed Sewer Line -Votee Park - Ingannamorte & Son.
206-07  Amend 2007 Council Meeting Schedule - Cancel 5/31/07 and 6/4/07 Special Regular Meetings.

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 (Resolution #194-07); Mayor Katz (5/2/07 Minutes and Resolution #196-07)

Absent: None.

C. Feit made a motion to discuss and approve Resolution #207-07.  Seconded by C. Rudolph.   C. Feit questioned the reference to Fort Lee Road in the exhibit attached to the Resolution.  Mrs. Fall explained that it was part of the Board of Adjustment exhibit and the Council could not change - but that she would advise the Board of Adjustment of the reference since the location of the facility is on Cedar Lane.

Mrs. Fall read the following Resolution into the record:

Authorize Execution Of Developer's Agreement - J.P. Morgan Chase Bank, N.A.

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. Kates made a motion to discuss and approve Resolution #208-07.  Seconded by C. Rudolph.  C. Kates expressed thanks to the Manager for performing the duties of Acting Clerk without interruption of service to the Council and to the residents.

Mrs. Fall read the following Resolution into the record:

208-07. Appoint Acting Municipal Clerk.

C. Kates, C. Gussen and Mayor Katz congratulated Ms. Aportela-Hernandez.

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. Honis 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 $5,072,300.53 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: Mayor Katz (entire Bill List).

Absent: None.

OLD BUSINESS

None.

GOOD AND WELFARE

Matthew Tunik - 1132 Margaret Street - spoke in opposition to the residency requirement for Teaneck Fire Department firefighters.  He advised he was on the new firefighters list, but had to move out of Teaneck for personal reasons but would move back into Teaneck.

Lenny Hennig, Patriotic Observance Advisory Board - informed Council of the purpose for the raffle applications on tonight’s agenda.

Jordan Wouk - 554 Cumberland Avenue - spoke about the Open Space and Recreational Plan, which is available in the Engineer's Office; and spoke about the Greenway.

Joan Davis - 976 Alpine Drive - spoke about Ordinances #4009 and #4010 and fee increases; spoke about the recent Council Meeting for Realtors; and stated that she felt there was an existing conflict of interest with Mayor Katz and rent control.

C. Gussen 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 Council that the existing residency requirements were established by Ordinance which is the Manager’s responsibility to enforce to ensure compliance.

Mayor Katz informed that he is not a Realtor, but buys and sells property; and informed that he has recused himself from any and all votes with respect to rent control.

C. Kates informed the public that despite Mayor Katz's recusal, the rent control ordinances have passed.

C. Gussen informed that the fees referred to in Ordinance #4010 are for personal time for the Mayor and Deputy Mayor to perform weddings.

C. Kates informed that costs are required pursuant to law when officiating at weddings and civil ceremonies.
MISCELLANEOUS

None.

NEW BUSINESS

None.

COMMUNICATIONS

None.

COMMITTEE REPORTS - COUNCIL LIAISONS

C. Feit reported that the Advisory Board on Community Relations is meeting tonight, and as a result, he does not have a report at this time.

C. Kates reported on the Senior Citizens Advisory Board, and advised that the Friends of the Senior Center will contact Mrs. Fall and Mr. Turitz to discuss ways to raise funds; informed that the Pay To Play Subcommittee will meet on May 22 to try to finalize recommendations from residents with respect to petition in support of Pay To Play Ordinance and; reminded the public about Memorial Day Observance and the Cedar Lane Street Fair.

DM. Parker reported that she, Mayor Katz and Mrs. Fall met with Dr. Henry Pruitt and Mr. Czeterko, Superintendent of Schools within the last two weeks to discuss youth activities and shared services.

C. Gussen reported on the Library Board and informed that the County has reduced delivery to one time daily as a result of funding cut by the Freeholders.  Mrs. Fall will contact the Bergen County Freeholders in an effort to reinstate funding.

TOWNSHIP MANAGER'S REPORT

1. I have provisionally appointed Ms. Brunilda Quiles to the position of Accountant - Confidential with   the Finance Department, effective May 14, 2007.

2. Workshop Seating.

Council discussed, and the consensus was in favor of holding the Good and Welfare and meeting portions on the dais and the housekeeping portion on the floor level.  Council will sit with 3 members at the opposing heads of the table and 4 members facing the public so that no member of Council and/or staff will have their backs to the audience.

3. Bergen County Improvement Authority.

Mrs. Fall informed Council that the Authority granted funding for the shared services study contract.  Paperwork to follow.

4. Municipal Clerk's Office.

Mrs. Fall recognized staff efforts during this interim period; and congratulated Lissette Aportela-Hernandez with respect to her appointment.

TOWNSHIP ATTORNEY’S REPORT

None.

ADJOURNMENT

On a motion made, seconded and unanimously carried, the meeting was adjourned at 9:24 p.m.

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