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MONTCLAIR, NEW JERSEY        April 10, 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 7:05 P.M.

Present:  Mayor Remsen, Deputy Mayor Tobin and Councilors Freier, Lang, Mattox, Michaelson and Schlager.

Absent:  None

STATEMENT OF SUNSHINE NOTICE

Mayor Remsen stated that he would like to invite a couple of small groups to attend the Conference Meeting of April 17, 2007 to present their budget requests. 

He also stated that the Personnel Subcommittee met earlier this evening, and he will report on what was discussed later this evening in Executive Session.

Mayor Remsen also stated that he would like the Historic Preservation Commission to come and discuss redevelopment plans before the Council.  Also, he would like Patrick Franco, staff member, and Ted Lippincott, Chair of the Commission, to contact the six groups involved, meet with them, and answer any questions and concerns they may have regarding their property being listed in the ordinance that is being introduced this evening. 

Mr. Hartnett stated that he would like the Council to meet with the Bond Counsel regarding the refunding bond ordinance on April 24, 2007.

* * * 

At 7:26 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:  Advice of Counsel.

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

4.  This resolution shall take effect immediately.

At 8:00 P.M., on motion made by Mayor Remsen and duly seconded, the Executive Session was

adjourned by unanimous vote. 

* * * 

At 8:01 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 Bu ilding, 205 Claremont Avenue, for a Regular Meeting at 8:10 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 led by Boy Scouts from Troop 12 earning their Merit Badge in Communications

MAYOR’S REPORT 

Mayor Remsen informed the public that the Council will be inviting various groups with contracts with the Township to make their budget presentations at future Conference meetings.

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On motion made by Mayor Remsen and duly seconded, the minutes of March 9, 2007 were approved by unanimous vote.

* * * 

SUPPLEMENTAL DEBT STATEMENT 

Deputy Municipal Clerk Evelyn Ostella stated:  “Mayor and Council, I wish to report that the Director of Finance has this day filed with me a Supplemental Debt Statement duly verified by his oath showing the percentage the net debt of the Township bears to the average assessed valuation for the years 2004, 2005 and 2006 to be 1.267%.

* * * 

On motion made by Mayor Remsen and duly seconded, the following Proclamation was adopted by unanimous vote:

BE IT FINALLY RESOLVED that April 18, 2007 be proclaimed Morris Land Conservancy/Whole Foods Market Day in the Township of Montclair.   

* * *

Ms. Rosalie Laventhal accepted the Proclamation on behalf of Morris Land Conservancy and gave a little background about her group and their work.  Whole Foods has joined with them and has declared April 18^th  as Morris Land Conservancy Day at Whole Foods  donating 5% of the days net profits to Morris Land Conservancy’s Partners for Parks program.

* * *   

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 SALARY RANGES THEREFORE” (07-10  2006 THRU 2009 CWA (Communications Workers of America) Salary Ordinance)  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 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 adopted by unanimous vote.

 * * *  

The pending ordinance entitled: “ORDINANCE TO AMEND THE TRAFFIC ORDINANCE-MIDBLOCK CROSSWALK AT UPPER MOUNTAIN AVENUE (MOUNTAINSIDE POOL)” (07-12) 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 adopted by unanimous vote.

 * * * 

The pending ordinance entitled: “ORDINANCE TO AMEND THE TRAFFIC ORDINANCE-UPPER MOUNTAIN AVENUE SPEED TABLES” (07-13) 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 adopted by unanimous vote.

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The pending ordinance entitled: “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) passed first reading March 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.

Ms. Ann Marie Nazzaro, 11 Cloverhill Place., thanked the Council for adopting the ordinance and stated that it will be an improvement for the greater neighborhood.  She encouraged the Council to continue the “firehouse chats” where concerns about violence and crime and other quality of life issues are discussed.

* * *  

The pending ordinance entitled: “ORDINANCE ADOPTING THE ELM/NEW & MISSION AREA REDEVELOPMENT PLAN PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW” (07-16) passed first reading March 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.

Ms. Ruth Taylor, NAACP, Vice President, stated that the NAACP needed more time to review the proposed plans.

Councilor Lang explained that she and Mayor Remsen had met with the NAACP’s Housing Committee, and she was going to put forward a motion that this ordinance be TABLED until more aspects of the redevelopment plan were discussed and explained further. 

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

On motion made by Councilor Lang and duly seconded, the ordinance was TABLED by unanimous vote. 

* * * 

The pending ordinance entitled: “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) passed first reading  March 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 Councilor Michaelson and duly seconded, the ordinance was AMENDED to correct references to the Montclair Township Code where penalties are listed.  The ordinance as AMENDED was ADOPTED by unanimous vote.

* * * 

NEW BUSINESS

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 May 8, 2007.

“BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF PROPERTY IN AND BY THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $295,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $295,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.”  (07-19).

The motion was adopted by unanimous vote.

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Councilor Freier 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 May 8, 2007.

“REFUNDING BOND ORDINANCE OF THE  TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY PROVIDING FOR THE SATISFACTION OF CERTAIN PRINCIPAL PAYMENTS IN CONNECTION WITH CERTAIN BONDS OF THE TOWNSHIP, SERIES 1997, 2003, AND 2006, APPROPRIATING $37,000,000 THEREFOR AND AUTHORIZING REFUNDING BONDS OF THE TOWNSHIP IN AN AMOUNT NOT TO EXCEED $37,000,000 FOR FINANCING THE COSTS THEREOF.”

(07-20).

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 May 8, 2007.

“ORDINANCE DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE TOWNSHIP OF MONTCLAIR” (07-21).

The motion was adopted by unanimous vote.

* * * 

Councilor Schlager 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 May 8, 2007.

“ORDINANCE TO AMEND THE TRAFFIC ORDINANCE-PARKING PROHIBITED AT ALL TIMES ON A PORTION OF UPPER MOUNTAIN AVENUE” (07-22)

The motion was adopted by unanimous vote.

* * * 

On motion made by Deputy Mayor Tobin 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 the Council hereby approves the attached Settlement Agreement between the Township and New Jersey Transit Corporation, and the Mayor and Township Clerk be and they are hereby authorized to execute and attest said Agreement on behalf of the Township.

* * * 

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

WHEREAS, on June 21, 2005, the Township of Montclair adopted Ordinance No. 05-26 authorizing the Township to acquire, by negotiation and/or eminent domain, property commonly known as 55 New Street and designated as Block 3111, Lot 61 on the Township Tax Maps (hereinafter the “Property”) for redevelopment as affordable housing in accordance with a Redevelopment plan adopted pursuant to N.J.S.A.40A:12A-7; and

WHEREAS, the Township has negotiated an agreement to acquire the aforementioned property for the sum of $192,300.00; now therefore,

BE IT RESOLVED by the Township Council of the Township of Montclair, in the County of Essex, that the Council hereby approves the acquisition of the real property commonly known as 55 New Street for the sum of $192,300.00, subject to certification of available funds by the Chief Financial Officer and final adoption of a bond ordinance appropriating the funds required to complete this acquisition; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk be and they are hereby authorized and directed to enter into a contract to purchase the subject property in a form approved by the Township Attorney.

* * * 

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

WHEREAS, on April 18, 2000, the Township of Montclair adopted Ordinance No. 00-15 which authorized the Township to acquire, by negotiation and/or eminent domain, certain properties for redevelopment as affordable housing in accordance with a Redevelopment Plan adopted pursuant to N.J.S.A.40A:12A-7, including property commonly known as 53 New Street and designated as Block 3111, Lot 62 on the Township Tax Maps (hereinafter the “Property”); and

WHEREAS, the Township has negotiated an agreement to acquire the aforementioned property for the sum of $92,500.00; now therefore

BE IT RESOLVED by the Township Council of the Township of Montclair, in the County of Essex, that the Council hereby approves the acquisition of real property commonly known as 53 New Street for the sum of $92,500.00, subject to certification of available funds by the Chief Financial Officer and final adoption of a bond ordinance appropriating the funds required to complete this acquisition; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk be and they are hereby authorized and directed to enter into a contract to purchase the subject property in a form approved by the Township Attorney.

* * * 

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

WHEREAS, the Township of Montclair, in the County of Essex, New Jersey desires to make application to the Local Finance Board for its review and approval of the following bond ordinance pursuant to N.J.S.A.40A:2—51:

REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTCAIR, IN THE COUNTY OF ESSEX, NEW JERSEY PROVIDING FOR THE SATISFACTION OF CERTAIN PRINCIPAL PAYMENTS IN CONNECTION WITH CERTAIN BONDS OF THE TOWNSHIP, SERIES 1997, 2003, AND 2006, APPROPRIATING $37,000,000 THEREFOR AND AUTHORIZING REFUNDING BONDS OF THE TOWNSHIP IN AN AMOUNTNOT TO EXCEED $37,000,000. FOR FINANCING THE COSTS THEREOF.

WHEREAS, the Township believes that:

(a)it is in the public interest to accomplish such purpose;

(b)said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the local unit or units;

©the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

(d)the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

NOW, THERFORE, BE IT RESOLVED BY THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY as follows:

Section 1.  The application of the Local Finance Board is hereby approved, and the Township’s Bond Counsel and financial advisor, along with other representatives of the Township, are herby authorized to prepare such application and to represent the Township in matters pertaining thereto.

Section 2.  The Clerk of the Township is hereby directed to prepare and file a copy of the introduced Ordinance with the Local Finance Board as part of such application.

* * * 

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that STAN BROWN be and he hereby is APPOINTED to serve on the Montclair Community Intervention Alliance Committee for a term commencing immediately and terminating December 31, 2009.

* * * 

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On motion made by Councilor Michaelson 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 design and engineering services related to the installation of a new diesel engine at the Watchung Avenue  pump station; 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, Schoor DePalma 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 Schoor DePalma Inc. for design and engineering services in connection with the installation of a new diesel engine at the Watchung Avenue pump station at a cost not to exceed $75,000.00, 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,” the 2003 Capital Budget Account for “Repair/Reline Water System,” and the 2004 Capital Budget for “Pumping Station Equipment Replacement”

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.

* * * 

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

WHEREAS, on March 28, 2007 the Township of Montclair opened and read bids for Street Improvements on North Mountain Avenue (Watchung Avenue to Lorraine Avenue, as prescribed by law; and

WHEREAS, this contract has been awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-to-Play law, N.J.S.A. 19:44A-20.4 et seq.; and

WHEREAS, Jenicar builders contractors inc. of 573 Belgrove Drive, Kearny, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $356,370.89; and

WHEREAS, the monies for this project have been appropriated in the following Capital Budget Accounts:

and

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that JENICAR BUILDERS CONTRACTORS inc. be and they are hereby awarded the above-stat ed contract, subject to the New Jersey Department of Transportation’s approval and pending certification of funds by the Finance Director.  Details of the contract are attached hereto and made a part hereof.

* * * 

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

WHEREAS, the Township of Montclair has applied and received approval for a grant from the National Association of County and City Health Officials in the amount of $10,000.00 to provide funding support for a local Medical Reserve Corps (“MRC”) Unit and to encourage the local MRC Unit to provide certain information to the Office of the Surgeon General’s MRC Program Office; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Manager be and he is hereby authorized to execute the attached Grant Agreement with the National Association of County and City Health Officials.

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

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:  $1,306,281.01.

* * * 

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:  Monthly report for the month of March 2007:

Tax Collector$2,216.150.15

One fully executed copy of a contract for Tennis Court Improvements at Mountainside and Nishuane

Parks awarded to JC Landscape Construction & Management Co., Inc.

One fully executed copy of a contract for Cured-In-Place Piping of Storm Sewer at Church Street and South Park Street awarded to New Hope Pipe Liners, LLC.

Award Approval from the Department of Transportation for Pedestrian & Bicycle Improvements at Various Locations in the amount of $249,000.00.

Initiation of Proceedings:  In the Matter of the Petition of the Township of Montclair regarding the designation of a quiet zone at the grade crossings  at various locations and the tracks of New Jersey Transit in the Township of Montclair, in the County of Essex.

Letter from PSE&G Co. as a follow up to their request asking for Montclair’s road resurfacing and reconstruction program for 2007.

Civil Action Summons:

Christen M. Sylvester vs. Craig K. Brandon, Township of Montclair and Montclair DPW.  

* * * 

Councilor Schlager said that she and Township Manager Joseph Hartnett met with PAWS and have another meeting scheduled with them for next week, and she sincerely  hopes that these meetings will bring a positive outcome for PAWS and the Township in continuing the animal shelter.     Also, on Saturday at noon will be the ribbon cutting ceremony of the new Montclair High School baseball field, complete with a new scoreboard.  At 1:00 PM will be a MHS varsity baseball game.  She invited all to attend.

Councilor Michaelson stated that on April 11, 2007 at 2 P.M. at the Montclair Art Museum the Montclair Arts Council along with the Museum will be showing a preview film entitled , “Do Not Go Gently.”  The film talks about the arts and their revitalization of the lives of older people.  Afterward there will be a discussion by caregivers explaining how we might use the arts to revitalize our lives.

Mayor Remsen reinstated that, although this was not a project that we oversaw or funded, he was glad to see the new baseball field has been completed.  Also, the new softball field at Mt. Hebron is complete, including a new backstop and seats.  Soon there will be meetings with Friends of Edgemont Park to discuss projects and concerns.

Councilor Mattox stated that he attended the 2^nd quarterly meeting with Montclair residents at the Library.  He was glad to see about 25 people who attended and were able to discuss their various concerns in a smaller setting.  He thanked the residents in the Fourth Ward who met with him to discuss the redevelopment plans for the Elm/New/Mission area.    

Councilor Freier reported that the revaluation process is over, and he wanted to thank the Task Force for all of their efforts in getting “the word out” so residents could better understand the process.  Many residents took advantage of the meetings with appraisers to discuss their new assessments.  A high percentage of property owners were satisfied, and as a result, the tax appeals were very low in comparison with the percentage of line items assessed. 

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Councilor Lang thanked the NAACP and their Housing Committee for meetings which she attended as their Fourth Ward representative regarding the redevelopment in the Elm/New/Mission area.  She is looking forward to future meetings on this subject.

She explained that sometimes public officials have to stray from local issues, so as a public official and an alumnae of Rutgers, she was personally affected by the recent incident regarding the Rutgers Girls Basketball Team and the awful remarks made by Don Imus.  She stated how proud she was of this team’s recent successful endeavor, and we should stand by our New Jersey college and its students.          

She read a letter that she sent to Senator Lautenberg and Menendez and to every member of the Congressional delegation.  In that letter, she implored the delegation to put forth concerted efforts to petition the FCC to remove Don Imus from the airwaves.

Mr. Hartnett said that, although he and the Council have been recently involved with budget and finances, he would like to get back to the discussion of the 4 way stop issue.  He would like to schedule a meeting to discuss this topic further.  He also explained the “user friendly” version of the budget which is available on the Township’s website, in the libraries and in the Municipal Clerk’s Office.

* * * 

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:

Mrs. Theresa Thornton, 160 Park Street, stated that there is a proposal before the Board of Adjustment to construct a cell phone tower on a church in her neighborhood.  She reiterated the concerns of all of her neighbors regarding this issue and the issuance of future cell towers.

Ms. Tracey Fallon, 185 Willowdale Avenue, commended Mr. Hartnett for wanting to probe forward and find recommendations, ideas and solutions  for PAWS. 

Ms. TaQuisha Knight, Member of the Day Nurseries Board of Trustees, questioned where the Township was getting the funding to purchase 53 and 55 New Street, since the bond ordinance appropriating funds was only on the agenda for first reading.   She also asked questions regarding the IZO and developers’ fees.  Further, she wondered when Day Nurseries would be approached regarding their plans and concerns for a new site. Mayor Remsen stated that since the Bay Street parking deck is nearly complete and there are new members on the Day

Nurseries Board of Trustees, a meeting should be forthcoming with Day Nurseries, the Developer and the Township.

Ms. Leeta Jordan, 216 Fernwood Avenue, inquired about the $1Million in excess funds by Blue Cross/Blue Shield which has been placed in a rate stabilization account by the Board of Education.  Shequestioned why this was never discussed by the Board of Education at any of their meetings.

Mr. Matt Garrison, 149 Park Street, thanked Mr. Hartnett for sending a letter to Omni-Point regarding the cell phone tower issue.  He encouraged the Township Council to take an active role in the cell phone tower issue. 

Mr. Hrant Yousoufian, 1 Argyle Road, complimented Councilor Mattox for all of his efforts on various issues.  He also spoke about the concerns regarding the $1Million Board of Education reserve and asked for that money to be given back to Township residents.   Mr. Yousoufian also expressed his concerns regarding the six month severance pay stipulation in Mr. Hartnett’s contract.  Mr. Trembulak, Township Attorney, explained that this stipulation has been in previous managers’ contracts.

Mr. Irwin Debman, 19 Belvidere Place, asked the Council to issue a press release praising the Rutgers Girls Basketball Team and expressing their dismay regarding Don Imus’s statements regarding this team.

The Council decided that at a future meeting a proclamation praising the Rutgers Girls Basketball Team will be adopted.

Ms. Stephanie Woods, 62 Orange Road, spoke regarding funding for the Montclair Volunteer Ambulance Unit and the Unit being included in the Township’s budget.

Ms. Leslie Penny, Montclair resident, spoke on the issue of limiting the number of nail salons and their close proximity of one to another. 

The owner of a nail salon at 611 Bloomfield Avenue also spoke regarding limiting nail salons in Montclair. 

Ms. Jessica Lim, nail salon owner in Watchung Plaza, also asked for the Council to address this issue.

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Mr. David Herron, 3 Hawthorne Place, thanked Councilor Lang for her comments regarding the Rutgers Girls Basketball Team and Don Imus’ comments.  He also questioned the $1M Board of Education item discussed earlier, and he questioned the Elm/New/Mission Street redevelopment issue.     

Ms. Dana Ricci, 503 Grove Street, had questions regarding the NJ transit settlement agreement and resolution adopted earlier in the evening.  Mr. Hartnett explained that this agreement is not very lengthy (11 sentences) and the Council has been discussing the settlement and agreement for several months.  Mayor Remsen explained that the terms and conditions in the agreement adopted this evening were the same as represented and told to the Council over the past several months.  Councilor Mattox is the only Council member who had a problem moving this resolution and agreement forward at this time.

Councilor Michaelson commented on trust in government and open government.  Councilor Freier commented on the $1M Board of Education budget item.  He explained how the Montclair schools are self insured and fund the health insurance for teachers, staff and their entire families and the $1M reserve could be expended very easily in the next school year.

Ms. Dolores “Bobby” Reilly, 37 Draper Terrace, questioned the consent agenda procedure and other Council procedures.

Former Mayor Robert Russo, speaking as a Rutgers alumnus and adjunct professor at Rutgers,  asked the Council to make a statement against what happened to the  Rutgers Girls Basketball Team and Don Imus.

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

* * * 

At 10:30 P.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned