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Council Mintues 03-20-07 Print E-mail

- 45-

MONTCLAIR, NEW JERSEY March 20, 2007

The Council of the Township of Montclair, in the County of Essex, met in the Conference Room in the Municipal Building, 205 Claremont Avenue, for a pre-meeting conference at 7:10 P.M.
Present: Mayor Remsen, Deputy Mayor Tobin and Councilors Freier, Lang, Mattox, Michaelson and Schlager.
Absent: None

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

* * *

Mayor Remsen suggested that the Council proceed with the introduction of the ordinance designating various properties as Historic Landmarks pursuant to the Historic Preservation Ordinance and then ask the Historic Preservation Commission to address the Council and answer questions pertaining to this issue at the Conference Meeting of April 17, 2007. The consensus was to place this ordinance for second reading on the agenda for April 24, 2007.
* * *

Mayor Remsen informed the Council of the upcoming meetings of the Board of School Estimate.

* * *

BUSINESS IMPROVEMENT DISTRICT PRESENTATION:

Guest: Mr. Thomas Lonergan.

Mr. Lonergan went over the BID budget items and the proposal to increase the office staff to full time. Councilor Freier stated his concerns regarding overflowing trash containers in the Central Business District on Sundays. Mr. Lonergan stated that he will begin to have staff people work on Sundays, and they will empty the trash containers in the Central Business District. The Council and Mr. Lonergan addressed the issue of more and more vacant store fronts and properties in the Central Business District.

The BID budget and public hearing will be advertised in The Montclair Times.

* * *

BUDGET SCHEDULE AND ISSUES:

Mr. Hartnett explained the need to introduce the budget at a Special Meeting so the Township can apply for an Extraordinary Aid appropriation. He also explained that the budget as introduced is strictly a working document at this point. He anticipates the adoption of the budget sometime in June.

* * *

At 8:00 P.M., on motion made by Mayor Remsen and duly seconded, the pre-meeting conference was adjourned by unanimous vote.

* * *

The Council of the Township of Montclair, in the County of Essex, met in the Council Chambers in the Municipal Building, 205 Claremont Avenue, for a Regular Meeting at 8:05 P.M.
Present: Mayor Remsen, Deputy Mayor Tobin and Councilors Freier, Lang, Mattox, Michaelson and Schlager.
Absent: None

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

MAYOR’S REPORT

PUBLIC HEARING

Mayor Remsen stated that the meeting was now open to the public and asked if there was anyone present
who wished to address the Council regarding any matters of interest or importance:

Mr. Hugo DiDonato, Facilities Manager for the Montclair Art Museum, read a statement from the
 Board of Directors of the Museum regarding the proposed ordinance designating various properties as Historic
landmarks.

 -46-

He stated the Museum does not oppose the designation but would like further clarification regarding the impact on any future renovations, parking and façade improvements. Mayor Remsen explained that the ordinance will be introduced later this evening but the second reading will not be held until April 24, 2007. There will be further discussion on this subject before the second reading.

Ms. Jessica Lim, Nail Salon owner in Watchung Plaza, requested that the Council adopt an ordinance regulating and limiting the number of nail salons and their close proximity to each other in Montclair.

Mr. Michael Woods, 30 Gates Avenue, addressed the Council regarding the lack of enforcement for on the street overnight parking in some parts of town, while in the Gates Avenue area, the enforcement is strictly enforced. Also, he stated his disappointment in the increased fees for parking recently set by the Montclair Parking Authority. Councilor Michaelson stated that the Parking Advisory Committee has been concerned about overnight parking and will be looking into the issue.

* * *

PENDING ORDINANCES

The pending ordinance entitled: “AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENTS IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALRY RANGES THEREOF.” (07-09 2007 Management (Non-Union) Salary Ordinance) passed first reading February 20, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.

There being no one wishing to be heard, Mayor Remsen closed the hearing.

On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.

 * * *

The pending ordinance entitled: “ORDINANCE DESIGNATING PROPERTY COMMONLY KNOWN AS 109 ALEXANDER AVENUE AS AN HISTORIC LANDMARK PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE TOWNSHIP OF MONTCLAIR” (07-11) passed first reading March 6, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.

There being no one wishing to be heard, Mayor Remsen closed the hearing.

On motion made by Mayor Remsen and duly seconded, the ordinance was POSTPONED TO APRIL 10, 2007.

* * *

NEW BUSINESS

Deputy Mayor Tobin introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 24, 2007.

“ORDINANCE DESIGNATING VARIOUS PROPERTIES AS HISTORIC LANDMARKS PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE TOWNSHIP OF MONTCLAIR”(07-14).

The motion was adopted by unanimous vote.

* * *

-47-

Councilor Michaelson introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 10, 2007.

“ORDINANCE AMENDING AND SUPPLEMENTING SECTION 327-20 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE”)TO PROVIDE FOR FOUR-HOUR RESTRICTED PARKING ON PORTIONS OF CLOVERHILL PLACE AND GROVE TERRACE” (07-15).

The motion was adopted by unanimous vote.

* * *

Councilor Lang introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 10, 2007.

“ORDINANCE ADOPTING THE ELM/NEW & MISSION AREA REDEVELOPMENT PLAN PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW” (07-16).

The motion was adopted by unanimous vote.

* * *

Mayor Remsen introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 10, 2007.

“ORDINANCE AMENDING VARIOUS SECTIONS OF THE CODE OF THE TOWNSHIP OF MONTCLAIR ESTABLISHING PENALTIES FOR VIOLATION OF THE TOWNSHIP CODE AND TOWNSHIP ORDINANCES.” (07-17).

The motion was adopted by unanimous vote.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Township of Montclair has a need to engage a professional engineering firm to provide engineering and design services in connection with the preparation of a perchlorate selective treatment process for the Rand Well; and

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5, authorizes the Township to enter into contracts for professional services without competitive bidding; and

WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A. 19:44A-20.5 et seq.; and

WHEREAS, L & T Technologies, Inc. has completed and submitted a Business Entity Disclosure Certification certifying that it has not made any reportable contributions to any political or candidate committee in the Township of Montclair in the previous one year period, and the subject contract will prohibit said corporation from making any reportable contributions during the term of this contract; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor and Township Clerk be and they are hereby authorized to execute and attest an agreement with L & T Technologies, Inc. for engineering and design services in connection with the preparation of a perchlorate selective treatment process for the Rand Well, at a cost not to exceed $60,000.00, in the form attached hereto subject to minor modifications approved by the Township Attorney. The funds for this Contract have been appropriated in the 2002 Capital Budget Account for “Replacement of Pumps and Valves” (Account No.: C-07-02-028-000-438), and in the 2003 Capital Budget Account for “Repair/Reline Water System” (Account No.: C-07-03-046-000-378).

BE IT FURTHER RESOLVED that notice shall be published in the Montclair Times stating the nature, duration, service and amount of the attached agreement and that copies of this Resolution and the agreement are on file and available for inspection in the office of the Township Clerk.

* * *

-48-

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Township of Montclair, pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29 (c) may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, the Township of Montclair has the need on a timely basis to purchase goods or services utilizing State contracts; and

WHEREAS, the Township of Montclair intends to enter into contract with the attached list of State Contract Vendors through this resolution and properly executed contracts, which shall be subject to all the conditions applicable to the current State contracts; now therefore

BE IT RESOLVED, that the Township of Montclair authorizes the Purchasing Agent to purchase certain goods or services from the attached list of approved New Jersey State Contract Vendors, pursuant to all conditions of the individual State contracts; and

BE IT RESOLVED, that the governing body of the Township of Montclair pursuant to N.J.A.C. 5:30-5.5 (b), the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer; and

BE IT FURTHER RESOLVED, that the duration of the contracts between the Township of Montclair and the attached list of state contract vendors shall be from January 1, 2007 to December 31, 2007.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Township of Montclair has entered into an Amended and Restated Intralocal and Lease Agreement with the Montclair Parking Authority (the “Authority”) pursuant to which the Township has leased certain Parking Facilities to the Authority; and

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-36, provides that a municipality may sell personal property not needed for public use to another “contracting unit” without advertising for bids; and

WHEREAS, the Authority qualifies as a “contracting unit” under the Local Public Contracts Law; and

WHEREAS, the Township is the owner of a 2002 Ford Escape XLS (Serial Number 1FMYU02172KD49527) which was formerly used as a meter collection vehicle and is no longer needed by the Township; and

WHEREAS, the Township has agreed to sell and transfer the aforementioned vehicle to the Authority for the sum of $8,650.00 which is the fair market (“blue book”) value of said vehicle; now therefore,

BE ITRESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Manager be and he is hereby authorized to take any and all action necessary to sell and transfer the aforementioned 2002 Ford Escape XLS (Serial Number 1FMYU02172KD49527) to the Montclair Parking Authority , for the sum of $8,650.00.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, pursuant to Montclair Code Section 327-24.1, the Department of Community Services is authorized to place lines or markings on curbs and/or streets or other appropriate identification so as to prohibit parking within four feet from the edge of driveways; and

WHEREAS, the Montclair Parking Advisory Committee has recommended that the Township restrict parking within four feet of all driveways on the east side of Cloverhill Place and the north side of Grove Terrace; now therefore,

BE IT RESOLVED that the Township Manager is hereby directed to arrange for the Department of Community Services to place lines or markings on the curb and/or street so as to prohibit parking within four feet from the edge of all driveways on the east side of Cloverhill Place and on the north side of Grove Terrace.

-49-

On motion made by Councilor Freier and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Municipal Chief Financial Officer has recommended certain transfer of funds from 2006 appropriation reserves to cover anticipated expenditures in accordance with the provisions of N.J.S.A. 40A:4-59; and

WHEREAS, N.J.S.A. 40A:4-59 provides for transfers from appropriation reserves with an excess over and above the amount deemed to be necessary to fulfill such purpose, to any appropriation reserve for the immediately preceding fiscal year deemed to be insufficient; and

WHEREAS, the Governing Body has determined that there is an excess in appropriations over and above the amount necessary to fulfill certain appropriations; and

WHEREAS, various bills have been presented for payment which were not recorded at the time of transfers between 2006 Budget Appropriations in the last two months of 2006;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Montclair (not less then two-thirds of the full membership voting affirmative), that transfers be made between 2006 appropriation reserves as set forth opposite its designation on the attached schedule:

 BE IT FURTHER RESOLVED, that the Chief Financial Officer be and he is hereby authorized and directed to make the transfers on the attached schedule.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, Senators Nia H. Gill and John Adler have sponsored Senate Bill No. 2451 proposing the enactment of a “Housing Rehabilitation and Assistance Act” which would, among other things, provide for the termination of Regional Contribution Agreements currently permitted under state law (N.J.S.A. 52:27D-301, et seq.); and

WHEREAS, Assemblyman Joseph J. Roberts, Jr. has sponsored a similar bill pending in the State Assembly (Assembly No. 3857); and

WHEREAS, the Montclair Township Council disagrees philosophically with the concept of Regional Contribution Agreements, and agrees that such agreements should no longer be permitted under state law; and

WHEREAS, the Council also believes that the transfer of fair share obligations among municipalities has proven not to be a viable or effective method of ensuring that an adequate supply and a variety of housing choices are provided in municipalities experiencing growth; and

WHEREAS, the Council also believes there is a need for the state to provide funding to municipalities in order to create additional incentives and assistance for the production of safe, decent and affordable rental and other housing; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that for the reasons set forth above and in the pending legislation, the Council hereby expresses its support for, and urges the adoption of, Senate Bill No. 2451 and Assembly Bill No. 3857; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to State Senator Nia H. Gill and Assembly representatives Thomas P. Giblin and Sheila Y. Oliver, all appropriate Senate and Assembly subcommittees, the New Jersey State League of Municipalities and the Office of the Governor.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, on February 21, 2007, the Township of Montclair opened and read bids for the purchase of One (1) pumper apparatus (Engine One) truck for the Montclair Fire Department as specified and as prescribed by law; and

WHEREAS, Pierce Mfg., Inc. submitted the only bid according to the specifications, at a total price of $464,490.00; and

WHEREAS, the aforesaid bid includes a “Chassis Prepayment Option” which allows the Township to pay for the truck chassis approximately 4-5 months after execution of the purchase contract, and the exercise of this option would result in a credit to the Township of $9,130.00, thereby reducing the total purchase price to $455,360.00.
-50-

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that Pierce Mfg., Inc. be and is hereby awarded a contract for the purchase of above-stated vehicle, pending certification of available funds by the Chief Financial Officer. The funds for this purchase have been appropriated in Capital Budget Account No. C-04-07-006-000-300.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Township of Montclair has received a proposed budget for the year 2007 from the Montclair Center Corporation, the district management corporation responsible for the management and operation of the Montclair Center Special Improvement District; and

WHEREAS, N.J.S.A. 40:56-84 and Montclair Code Section 293-3 require that such budget be introduced and approved by the governing body, and that thereafter the budget shall be advertised and a public hearing held with regard to same, prior to adoption; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the 2007 Budget received from the Montclair Center Corporation is hereby introduced and approved subject to final adoption in accordance with law upon the holding of a public hearing to take place at 8:00 P.M. on April 24, 2007; and

BE IT FURTHER RESOLVED that a copy of the approved budget shall be published in the Montclair Times no later than April 14, 2007 and said publication shall include the date, time and place for the public hearing as set forth above.

* * *

On motion made by Deputy Mayor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Montclair Planning Board has reexamined its Master Plan pursuant to the NJ Municipal Land Use Law and has identified certain environmental goals and objectives to achieve over the next five (5) years; and

WHEREAS, the Municipal Land Use Law allows municipalities to prepare several elements of a Master Plan, including Recycling Plan Elements; and

WHEREAS, the Township has never had a comprehensive Recycling Plan as part of its Master Plan, and the NJ Department of Environmental Protection’s new State Solid Waste Management plan of 2006 requires enhanced recycling n the state, and a recently created Essex County Recycling Plan requires new Recycling Plans from each municipality; and

WHEREAS, increased recycling participation reduces the Township’s costs for solid waste disposal while reducing energy use and emissions that cause global warming; and

WHEREAS, the Association of New Jersey Environmental Commissions (ANJEC) offers planning assistance grants to fund the preparation of such grants; and

WHEREAS, the Township of Montclair has agreed to match the grant funds as required up to a maximum amount of $5,000; now therefore

BE IT RESOLVED, by the Township Council of the Township of Montclair, in the County of Essex, that the Township Council hereby supports the application for a 2007 Smart Growth Planning Assistance Grant.

* * *

On motion made by Councilor Schlager and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, Autism is a pervasive developmental disorder affecting the social, learning and behavioral skills of those affected by it; and

WHEREAS, Autism was once thought to be a relatively rare disorder, affecting only one in 10,000 people; and

WHEREAS, as more and more health professionals become proficient in diagnosing autism, more children are being diagnosed on the autistic spectrum, resulting in rates as high as one in 150 children; and

WHEREAS, while there is no cure for autism, it is well-documented that if individuals with autism receive treatment early in their lives, it is often possible for those individuals to lead significantly improved lives; and
-51-

 

WHEREAS, the New Jersey Center for Outreach and Services for the Autism Community (COSAC), and Autism Speaks is spearheading an awareness effort in order to educate parents, professionals and the general public about autism and its effects; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, does hereby proclaim April 2007 as Autism Awareness Month in Montclair and urge all those who live and work in Montclair to participate in our municipality’s Autism Awareness Month activities, in order to become better educated on the subject of autistic spectrum disorders.

* * *

 

On motion made by Councilor Michaelson and duly seconded, the following resolution was adopted by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Tobin and Councilors Freier, Lang, Michaelson and Schlager. “Nay” Councilor Mattox.

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that said bills be and they are hereby ordered paid and that warrants be drawn on the Treasurer to the order of such persons for the amount respectively as hereinafter stated to wit: $628,636.56.

* * *

REPORTS AND COMMUNICATIONS

The Deputy Municipal Clerk reported that she had filed in her office a list of reports and communications received since the last meeting.

On motion made by Mayor Remsen and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.

FILED: One fully executed copy of a contract with the Louis Berger Group, Inc. for Professional
 Services for Traffic Engineering Services for the Township’s amended 2004 Traffic Calming
 Program.

One fully executed copy of a contract with Keller & Kirkpatrick for Professional Services for Burnside Street Drainage Improvements.

One fully executed copy of a contract with T&M Associates for Professional Services for Design of Pedestrian and Bicycle Improvements at Various Locations.

One fully executed copy of a contract with Professional Planning and Engineering Associates,
LLC. (PPE) for Professional Services for Survey, Design and Construction Administration for Improvements to Ballfields at Kaveny and Mountainside Park.

* * *

Councilor Lang thanked the residents of Cloverhill Place for all of their efforts and for bringing their concerns to the Council regarding parking on their street.

Councilor Mattox reported that he had attended a recent Board of Education meeting in which the school budget was discussed and he is looking forward to attending Board of School Estimate meetings regarding the adoption of the school budget.

Mayor Remsen expressed his thanks to the staff regarding their efforts in the recent snow storm in which he received very few complaints by township residents.

Councilor Michaelson informed the public about the April 11th movie viewing at the Montclair Art Museum entitled “Do Not Go Gently.” She also stated that Montclair has been chosen as the destination for Jersey Arts Weekend. This is a big win for the Montclair Arts Council and for Executive Director Jim Peskin. Councilor Michaelson wished everyone a Happy Spring and Good Holidays!

Deputy Mayor Tobin stated that Spring is here and he is looking forward to no more snow. He
hoped everyone will be enjoying Spring in Montclair, and encouraged residents to participate in various activities during the month of May in Montclair.

Township Manager Joseph Hartnett informed the public that the informal tax hearings regarding the revaluation have concluded and now the residents have to file tax appeals by April 1. Councilors Freier and Lang will be having one last meeting with the Revaluation Task Force. Mayor Remsen asked how many people came in for meetings with the Reval people.

-52-

Mr. Hartnett reported that he is awaiting a data dump from the Appraisal Systems which will be helpful to the Township for future reference. He also reported on a recent meeting held in the Council Chambers with prospective developers and restaurant owners representing their ideas for the future of the Bellevue Avenue train station and keeping its accurate representation of the station.

He also will be reporting on the budget and other financial matters. Mr. Hartnett complimented the Department of Community Services’ staff for their excellent job during the recent snowstorm resulting in few complaints and some compliments.

Mayor Remsen reiterated that residents can always call the police department for an emergency situation if they are snowed in during a snowstorm and/or if their street hasn’t been plowed.

Township Attorney Alan Trembulak reminded residents that all tax appeals have to be filed by April 1.

* * *

 PUBLIC HEARING

Mayor Remsen stated that the meeting was now open to the public and asked if there was anyone present who wished to address the Council regarding any matters of interest or importance:

Mr. Joe Lim, owner of a nail salon on North Fullerton Avenue, presented a petition to the Council and addressed the issue of limiting the number of nail salons in Montclair. Mayor Remsen explained that previous Councils have limited the kinds of businesses opening in Montclair but found it inappropriate to establish quotas or placing a cap on the number of businesses. Deputy Mayor Tobin felt that Watchung Avenue business district is in a NC zone which is a Neighborhood Commercial zone. He would be more inclined to limit the number of businesses in a small business district than in a bigger Central Business District.

Mr . William Milczarski, Cloverhill Place, expressed his disappointment in the granting of approval by the Board of Adjustment for the expansion of the Deron School. He asked the Council to be very careful in making appointments to these important boards.

Ms. Stephanie Woods, 62 Orange Road, expressed her concern regarding the future of PAWS.

Mr. Ronald Locascio, 21 Sylvan Place, Board Member of PAWS, asked the Council to please continue the discussion and focus on continuing sheltering animals at the PAWS shelter.

Ms. Ann Marie Nazzaro, 11 Cloverhill Place, President of the Cloverhill/Grove Terrace Neighborhood Association, thanked Councilor Michaelson and the Parking Advisory Committee for their help with the parking problems on their streets and she thanked the Mayor and Council and Councilor Lang for all of their help also. She also asked the Council some questions regarding the Bay Street Train Station and an enclosed structure for selling of train tickets and some retail stores.

Mr. William Scott, 23 Cedar Avenue, asked some questions regarding the Redevelopment Plan for the Elm/Mission Street area and zoning in the Fourth Ward.

There being no one else present wishing to be heard, Mayor Remsen closed the hearing.

* * *

At 9:15 P.M., on motion made by Mayor Remsen and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified
 subject matters.

2. The general nature of the subject matters to be discussed are as follows: Litigation, Personnel and
 Contracts.

3. We do not anticipate that the matters discussed will be made public.

4. This resolution shall take effect immediately.

-53-

At 10:20 P.M., on motion made by Mayor Remsen and duly seconded, the executive session was adjourned by unanimous vote.

* * *

At 10:21 P.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned by unanimous vote.

___________________________________________
EDWARD REMSENMAYOR
ATTEST:

___________________________________________________
EVELYN A. OSTELLA DEPUTY MUNICIPAL CLERK

 
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