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 MONTCLAIR, NEW JERSEY May 8, 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 7:02 P.M.

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

Absent: None

STATEMENT OF SUNSHINE NOTICE

MONTCLAIR EARLY CHILDHOOD CORPORATION:

 Guests: Donna Wilson, Treasurer, Richard Murnick, President, Jane Susswein, Past President of the Board, and Eve Robinson, Executive Director.

 Ms. Wilson, speaking on behalf of the group, presented the budget for the MECC, a summary of 2007, and projections for 2008.

The MECC’s request for funding is for reimbursement of scholarship money awarded to students. Scholarships are only given to Montclair residents. They are finding that the need is greater for some people and more people need assistance. They are asking for more money this year from the Township. The findings are that some Montclair residents need full scholarships. In answer to a question regarding fundraising efforts, they responded that this year’s fundraising brought in $100,000.

 Request for scholarship assistance from the MECC is for $660,000.00. Mayor Remsen asked if they had any other concerns that they wished to discuss at this time. Ms. Susswein stated that the lease between the MECC and the Township and the predictability as to how much money the MECC can expect each year, plus the possibility of a multi-year commitment should be discussed. Mayor Remsen agreed that there should be some predictability, and he suggested that Gordon Stelter and others meet with MECC to discuss options and recommendations since it will be a factor in deciding how much money to put in the operating budget.

 * * *

REFINANCING PRESENTATION MADE BY POWELL CAPITAL MARKETS:

 Guests: Ms. Julie Ellers, Vice President of Capital Markets, and Mr. Glenn Scotland from McManimon & Scotland, Bond Attorneys.

 Mayor Remsen stated that a presentation is being made this evening regarding Powell Capital Markets’ debt restructuring proposal. He stated that his goal this evening is to get a sense of the Council if they want to go with this scenario or to go with Plan B which involves taxes and budget cuts.

 Ms. Ellers presented a plan to eliminate taxable components, to shorten debt service and to generate overall savings, focusing on the Benefits of Restructuring:

·         Provides short term budget relief.

·         Saves money

·         Shortens debt service

·         Prepares for future capital funding

·         Utilizes a more conservative structure

The restructuring plan would provide $8.5 million in savings for 2007 through 2010, allowing a small to

 moderate tax increase. Mr. Glenn Scotland, Bond Attorney, helped to explain what capital improvements are already bonded and Mayor Remsen asked about future capital improvements and how they fit into the debt restructuring.

 Further discussion ensued regarding borrowing capacity, debt service, capital budgets versus operating budgets and budget cuts. Mr. Scotland explained the timetable for the ordinance being introduced this evening, and stated that it would have to be adopted at the meeting of May 22^nd to realize a savings of $611,000 in 2007.

 Mayor Remsen asked the Council how they felt about introducing the ordinance this evening. Mr. Hartnett emphasized that if he and Mr. Stelter go to the Local Finance Board, they have to have the complete support of the Council and the community. The Council decided to introduce the ordinance and see if it is defeated, withdrawn or adopted at the Regular meeting this evening.

 * * *

 At 8:15 P.M., on motion made by Mayor Remsen and duly seconded, the pre-meeting conference was adjourned by unanimous vote.

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 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 8:20 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

RED CROSS BUDGET REQUEST:

 Ms. Jackie Schneider, Executive Director, and Susan Schwei of the Montclair-Nutley Red Cross, requested $5,500.00 to cover the cost of providing CPR First Aid training and Automatic External Defibulation training to approximately 88 Montclair firefighters. She explained that the firefighters need this annual training and also for their recertification purposes. Ms. Schneider asked the Council to look at the proposal and give serious consideration to their request at this time.

 Mayor Remsen thanked the Red Cross for all that they do.

 * * *

 PUBLIC COMMENTS

 Mayor Remsen opened the meeting to the public for any comments at this time.

 Mr. Kent Hiteshew, 166 Christopher Street, addressed the issue of debt restructuring and stated that he was not arguing about the facts presented by the Township’s finance people, but more about the interpretation of the facts and other information.

 Mr. Tom Cochran, 32 Stanford Place, also spoke in opposition of the debt restructuring proposal in regard to capital expenditures. He respected Montclair for its handling of capital financing in an open and rational way. The Council explained that the process has changed, but the capital finance matters are still open.

 Mr. Jeff Glass, 229 South Mountain Avenue, also spoke in opposition of the debt restructuring proposal, and preferred that the Council deal with underlying budget issues and tough spending cuts.

 * * *

 UPDATE ON CELL TOWER ISSUE

 Mayor Remsen asked Mr. Hartnett to explain where the cell tower issue stands and what has been accomplished since it was last discussed.

 Mr. Hartnett stated that the Township’s telecommunications ordinance is already very restrictive and prohibits cell towers. He explained that the expertise from a radio frequency expert would be extremely beneficial.

 Mr. Alan Trembulak, Township Attorney, stated that he has reviewed the materials provided by Ms. Terry Thornton and they do have some merit. He would like to look at ordinances in other towns to see how to improve our ordinance. His recommendation is to either refer this issue to the Planning Board or form a subcommittee to review our ordinance, look at other ordinances and advance a revised telecommunications ordinance.

 Deputy Mayor Tobin stated that a subcommittee of Councilors, Planning Board members, outside people, like Ms. Thornton, and some members of the Communications Advisory Committee would be very helpful since most Council people do not have the expertise in that field.

 Councilor Mattox explained that cell towers may be in multiple locations, so strategy and how to lay out the new ordinance should be explored.

Councilor Michaelson asked Councilor Mattox, since he has done some legal work on this issue, put together the subcommittee within the next couple of weeks.

 * * *

 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 1.163%.

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PENDING ORDINANCES

 The pending ordinance entitled: “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) passed first reading April 10, 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: “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) passed first reading April 10, 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 NOT ADOPTED by unanimous vote.

 * * *

 The pending ordinance entitled: “ORDINANCE DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE TOWNSHIP OF MONTCLAIR” (07-21) passed first reading April 10, 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 –PARKING PROHIBITED AT ALL TIMES ON A PORTION OF UPPER MOUNTAIN AVENUE” (07-22) passed first reading April 10, 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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 NEW BUSINESS

 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 22, 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, 200, 2003, AND 2006, APPROPRIATING $30,000,000 THEREFOR AND AUTHORIZING REFUNDING BONDS F THE TOWNSHIP IN AN AMOUNT NOT TO EXCEED $30,000,000 FOR FINANCING THE COSTS THEREOF”. (07-25).

 The ORDINANCE was WITHDRAWN 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 22, 2007.

 “BOND ORDINANCE APPROPRIATING $4,381,520 FOR IMPROVEMENTS TO VARIOUS SCHOOL BUILDINGS AND GROUNDS IN THE TOWNSHIP OF MONTCLAIR SCHOOLS, IN THE COUNTY OF ESSEX, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $4,381,520 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF.” (07-26).

 The motion was adopted by unanimous vote.

 * * *

 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 June 12, 2007.

 “ORDINANCE AMENDING AND SUPPLEMENTING SECTION 327-15 OF THE TOWNSHIP CODE TO PERMIT OVERNIGHT PARKING ON PORTIONS OF TALBOT STREET AND WILLIAM STREET” (07-27).

 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 June 12, 2007.

 “ORDINANCE AMENDING CHAPTER 269-22 OF THE TOWNSHIP CODE (THE “SEWER UTILITY ORDINANCE”). (07-28).

 The motion was adopted by unanimous vote.

 * * *

 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 May 22, 2007.

 “ORDINANCE ADOPTING A NEW FLOOD DAMAGE PREVENTION ORDINANCE FOR THE TOWNSHIP OF MONTCLAIR” (07-29).

 The motion was adopted by unanimous vote.

 * * *

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

 WHEREAS, on April 25, 2007, the Township opened and read bids for the Drilling of Two Observation Wells and Pumping Test Services (Nishuane Well), as prescribed by law; and

 WHEREAS, this contract is being awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-to-Play Law, N.J.S.A. 19:44A-20.5 et seq.; and

 WHEREAS, SAMUEL STOTHOFF COMPANY, INC. submitted the lowest responsible bid according to the specifications, at a total price of $91,600.00 (Base Bid plus Optional Items); and

 WHEREAS, the monies for this project have been appropriated in the following Water Bureau Capital Budget Account:

 Ordinance 06-39 (a) C-07-06-039-000-100 $91,600.00

 “Various Improvements to the Water Utility -- Modification & Upgrading of Wells”

now therefore

 BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that SAMUEL STOTHOFF COMPANY, INC. of P.O. Box 306, Flemington, New Jersey, 08822,
 be and they are hereby awarded the above‑stated contract, pending certification of funds by the Finance Director. Complete details of the contract are attached hereto and made a part hereof.

 * * *

 On motion made by Mayor Remsen and duly seconded, the following resolution was adopted by

unanimous vote:

 WHEREAS, the Township of Montclair is a party to a cooperative purchasing program pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-10; and

 WHEREAS, the Local Public Contracts Law authorizes a municipality to purchase goods and services through a duly-formed cooperative purchasing system without advertising for bids; and

 WHEREAS, the Morris County Cooperative Pricing Council has awarded a Contract for the purchase of a 2007 Ford Expedition (Contract #15-C) to Warnock Ford, 175 Route 10, East Hanover, New Jersey 07936; and

 WHEREAS, the Township of Montclair is in need of purchasing a 2007 Ford Expedition for the Animal Control Officer; and

 WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “open and fair process” under the New Jersey Pay-to-Play Law, N.J.S.A. 19:44A 20:5 et seq; now therefore

 BE IT RESOLVED, by the Council of the Township of Montclair of Montclair, in the County of Essex, that the Township of Montclair enter into an agreement with Warnock Ford for the purchase of One (1) New 2007 Ford Expedition in accordance with the aforementioned Contract attached hereto, in the amount not to exceed $23,243.06 ; and

 BE IT FURTHER RESOLVED, that funds for this purchase have been appropriated in the 2007 Capital Budget, Account Number C-04-04-045-000-464 pending Certification of Funds by the Chief Financial Officer. Complete 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, pursuant to the Board of Adjustment Refund Policy, the Township Council must decide by resolution what portion of application fees should be retained if an application before the Montclair Board of Adjustment is withdrawn; and

 WHEREAS, Melih Abdulhazoglu, owner of property at 1 Watchung Avenue, filed an application for a variance on November 14, 2006 for a proposed attached garage addition, which was withdrawn on March 30, 2007; and

 WHEREAS, Planning Department staff did no work regarding the application since it was never scheduled for hearing, and the applicant had during that time revised drawings to the extent that the project no longer required a variance; and

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 WHEREAS, Planning Department Staff has recommended to the Township Council that 100 percent of the application fee of Melih Abdulhayoglu, 1 Watchung Avenue, be returned, minus the ten dollar ($10.00) non-refundable processing fee; now therefore

 BE IT RESOLVED that Melih Abdulhayoglu, 1 Watchung Avenue, shall receive a refund in the amount of $200.00.

 * * *

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

WHEREAS, the property commonly known as 16 Miller Street and designated as Block 3112 Lot 5 on the Montclair Township Tax Maps was mistakenly assessed by the Montclair Tax Assessor at an assessed value of $328,200.00 for the year 2007 due to the inadvertent failure to consider the affect on the property’s market value of certain COAH affordability deed restrictions; and

WHEREAS, in light of the aforementioned deed restrictions, the Assessor has determined that this property should have been assessed at $104,400.00 for the year 2007; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the assessed valuation for the property known and designated as Block 3112 Lot 5 for the year 2007 be amended to $104,400.00; and

BE IT FURTHER RESOLVED that the Tax Assessor and/or the Finance Department be and they are hereby authorized to issue a correction to the assessed value for the subject property reducing the 2007 assessed valuation to $104,400.00.

 * * *

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

 WHEREAS, the governing body of the Township of Montclair, County of Essex, State of New Jersey desires to amend the 2007 Capital Budget of said municipality by inserting therein the Acquisition of Property;

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

 Section 1. The 2007 Capital Budget of the Township of Montclair, County of Essex, is hereby amended by the adoption of a schedule to read as follows:

 Section 2. The Township Clerk be and is authorized and directed to file two certified copies of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey.

 * * *

On motion made by Councilor Freier 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: $1,548,869.51.

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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 April 2007:

 Tax Collector $ 9,735,784.07

 Monthly report for the month of May 2007:

 Tax Collector $25,757,142.42

Approval from the Department of Transportation of Montclair awarding a contract for North Mountain Avenue (Section 3) project awarded to Jenicar Builders Contractors, Inc. in the amount of $356,370.89.

 * * *

 Deputy Mayor Tobin stated that in the Mayor’s absence, he attended the May In Montclair festivities. It was a beautiful day and is truly the beginning of May in Montclair. It was full of volunteers and brings out the true quality of Montclair. He also participated in the Upper Montclair Village’s “Just Do It” weekend clean up of debris from the winter, a spring clean up and planting of flowers. It had a true civic spirit about it.

 He went to see Montclair High School’s performance of “Grease” and encouraged all to attend. He was sorry he missed the Tour of Montclair but he was on a Bike Ride with the Montclair Adult School, which is a great Montclair institution. The bike ride has been going on for 20 years.

 Councilor Schlager stated that in two weeks, May 19^th, there will be a clean up day in Edgemont Park. It will include a general clean up of flower beds, planting of annuals, and perennials, also around the Park House, starting at 10 a.m. She also mentioned that the Montclair Fund For Educational Excellence will be having their 12^th Annual Toast to the Teachers menu with a record 92 toasts honoring various teachers and community leaders.

 Councilor Michaelson mentioned that the Edgemont Park cleanup is one of 3 projects being undertaken by the non-profits roundtable and its Day of Caring, also held on May 19th. One of the other options is planting a garden at the Salvation Army Cornerstone facility for the homeless or painting for HomeCorp on Miller Street. The non-profit roundtable had a table at Art In The Park held at the Arena and they had information on the non-profits and sign up sheets. She also stated that she biked from Clary Anderson Arena to Crane Park to do the Tour de Montclair and explained that they followed the safe route to schools map. She added that the addition of bike lanes, bike maps and bike trails would be wonderful for bike riding in Montclair.

 Councilor Michaelson stated that the Bay Street Deck was opened last week and is going well with the Parking Authority continuing to monitor it. There will be a more formal early morning dedication in the near future, and an unveiling of the artwork in the fall. She thought that the discussions held this evening on capital and operating budgets have been very helpful and useful and hopes that the discussions are ongoing. She wants the decisions made in the past to be monitored to see how they have worked in terms of cost revenues and efficiencies.

 Mayor Remsen stated that he has missed some events recently due to the increasing number of wedding ceremonies and civil unions. He mentioned that Watchung Plaza looked fabulous for May In Montclair; however, he had some concerns regarding the World War I memorial which is crumbling badly. He also attended a concert at Montclair High School put on by another one of our non-profits, Outpost In The Burbs. He stated that Art in the Park was incredible, a good use of the Arena, more vendors, plant sales, etc.

 Councilor Mattox attended the Montclair Music Studios annual recital. They were an extremely talented group of young students. He saw family members off in the Bike In Montclair, but did not participate. He attended Art In the Park and thought it was a great event. His daughter and some friends planted three trees in Anderson Park with the girl scouts. He was proud to be the emcee at the Watchung Talent Show, again seeing very talented young students. He also attended the PAWS fundraiser on Saturday which was very well attended.

 Mayor Remsen reminded everyone of the Montclair High School graduation on June 21 and commented on the traditions of the ceremony and the after graduation bus tours through the streets and on to the non-alcoholic activities.

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 Councilor Freier informed the public that there is daily parking available for $5 a day at the Bay Street Station and that additional permits will be available and people on the waiting lists will be notified.

 Councilor Lang also stated that she visited the Bay Street Deck, and there is available parking for a day or a couple of days through a machine at the Deck. It is a very nice deck and was very well planned and hoped people will attend the opening. She also attended the Bike In Montclair and thanked the organizers for having the assembly at Lackawanna Plaza. She rode a bike and had a great time and thought it was a great event. She congratulated the Jazz Group for the dedication at the Library in which they transferred their archives to the Montclair Public Library. She thanked Mr. Hartnett for fixing the sidewalk on Cedar Avenue at Nishuane Park and the gate at the Orange Road triangle. She attended the Iris Gardens 80^th anniversary and saw where the proposed fence is to be placed..

 Mayor Remsen attended the Montclair Library’s foundation fundraiser. He hopes to see the illegal parking on the streets near the Bay Street Deck stopped since the Deck has daily parking available.

 Mr. Hartnett stated that he has drafted a resolution regarding a policy on memorials in parks and stated that the formulating of a committee is in order. The fence has been constructed at the Iris Gardens, and he is working with the Iris Gardens group to try and get some benches that they requested. He stated that PAWS discussions continue in a positive vein and hopes discussions will continue. The Township has received compliments regarding the quality of the TV station and programming, and Mr. Hartnett introduced Sharon Collucci, the new station manager.

 He also commented that the South End triangle has been repaired and sidewalk also has been repaired at the Nishuane Park area. The EPA is fixing up the former radon site at Nishuane Park and plantings have been placed in order to screen off the area. Mr. Hartnett also mentioned the budget and financing issues that need to be addressed. He invited the public to come forth and offer any suggestions to him and the Council.

 Mr. Trembulak stated that Appraisal Systems will probably be meeting with the Council to discuss the revaluation very soon. We have approximately 630 appeals with the County Board of Taxation and 200 to 250 appeals filed with the NJ Tax Courts. The hearings will begin next week and will conclude into July.

 Deputy Mayor Tobin stated that regarding 24 Upper Mountain Avenue, the owner and the agent were at the last public meeting in which the Council deferred decision until May 22^nd meeting. The Historic Preservation Commission is meeting on May 17, and he would like to have the Commission meet with the Council to discuss the historic preservation designation.

 * * *

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. Bill Morris, 15 Parkway, objected to the placement of the port-a-john in Edgemont Park near the path, next to the baseball diamond, and climbing tree. He asked for it to be moved to a different location in the Park. He also asked that the Council look into the business on Pine Street who parks their rental trucks illegally.

 Ms. Kelly Sweat, 18 Monroe Place, asked if it was true that the African American parade was not going to take place this year. The Council responded that the Parade committee decided to skip the parade this year and just have the festival. She also stated that she has chaired the NAACP Education Committee and expressed her disappointment that Dr. Renee Baskerville was not reappointed to the Board of Education.

 Mr. Kabir Baber, 77 Orange Road, former member of various boards and committees in town, also expressed his disappointment that Dr. Baskerville was not reappointed to the Board of Education. He also stated that he will be advocating for an elected school board.

 Former Mayor Robert Russo, disappointed that Dr. Renee Baskerville and Deborah Wilson were not reappointed to the Board of Education. He was glad that Mr. John Carlton, who he appointed, was reappointed. In his term as Mayor, he appointed a balanced Board of Education. He feels that the new Board of Education is not well balanced and does not reflect the diversity of the whole community. He also attended the Kips Castle Open House, and feels that this is one area where the County can play an important part—buying property and preserving it.

 Ms. Dorothy Oliver, 378 Valley Way, asked about budget hearings and a budget hearing that she thought she missed.

 Ms. Terry Thornton, Park Street, thanked Mr. Hartnett and Mr. Trembulak for reading and acting on the materials that she supplied to them regarding the cell tower issue. She stated that the founder of the Center for Municipal Solutions offered to meet with the Township officials to help in restructuring the Township’s ordinance regarding this issue.

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 Ms. Nuria Amari, 152 Park Street, stressed the fact that whoever the Township uses to help them restructure the ordinance, make sure they have the welfare of Montclair in mind rather than the telecommunications industry.

 Mr. Brian Bransky, 159 Park Stre et, disappointed in the leadership of the First Unitarian Church.

 Mr.Cary Africk 2 Erwin Park , thanked the Council for the discussions regarding the bond restructuring.

and stated that he would much rather pay higher taxes than have the restructuring of the debt.

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

 * * *

 On motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

 ___________________________________________

 EDWARD REMSEN MAYOR

ATTEST:

_________________________________________________

EVELYN A. OSTELLA DEPUTY MUNICIPAL CLERK