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 MONTCLAIR, NEW JERSEY June 26, 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 7:14 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 Regular Meeting.

 * * *

DISCUSSION:

 DOG TETHERING ORDINANCE:

 Mayor Remsen announced that Township Attorney Alan Trembulak is preparing a draft ordinance to address the specifics of a dog tethering law within the municipality. Melissa Neiss, Animal Control Officer, will be invited to address the Council at a future meeting.

 Mayor Remsen suggested that the Council may wish to consider one or more shade tree preservation ordinances.

 Councilor Michaelson asked the status of a “demolition delay” ordinance.

 * * *

 BUDGET (OPERATING):

 Township Manager Joseph Hartnett provided an update on the Township’s operating budget. Although the State has already adopted its budget, the municipality is still awaiting the disposition of its request for extraordinary aid.

 * * *

 BUDGET (CAPITAL):

 Mr. Hartnett reviewed the proposed 2007 Capital Budget and noted that the operating budget must include a 5% down payment for all capitalized projects.

 * * *

 At 7:59 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 8:06 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

 SWEARING-IN OF JUDGE ERNEST BOOKER

 * * *

PUBLIC COMMENT

 Ms. Ethel Booker, 24 Ward Place, expressed concern regarding the proposed zoning change for four Orange Road properties (from R-1 to NC). She asked the Council to desist.

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 Mr. Richard Williams, 22 Ward Place, reiterated concern regarding the proposed rezoning which he believes would lead to more traffic and overcrowding.

 Mr. William Scott, 23 Cedar Avenue, asked the Council to consider resident’s opinions surrounding zoning issues.

 Ms. Lee Ann Ferguson, 180 Bloomfield Avenue, proprietor, Mango Café, addressed a request to close a portion of Bloomfield Avenue in order to hold a Reggae Festival. Although Essex County promised support for the event, the County requires that the organizers obtain a municipal permit which has been denied by the Township for safety reasons.

 Ms. Joyce Goldman, liaison to Joseph DiVincenzo, Essex County Executive, explained Essex County’s position in this matter.

 Ms. Beth Calamia, 29 South Willow Street, expressed her support for a “dog tethering” ordinance.

 Mr. Ron Travisano, 275 Claremont Avenue, asked if there had been an increase in crime within the Township.

 * * *

 On motion made by Mayor Remsen and duly seconded, the minutes of April 24, 2007 were approved by unanimous vote.

 * * *

PENDING ORDINANCES

 The pending ordinance entitled: “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) passed first reading May 8, 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 AMENDING CHAPTER 269-22 OF THE TOWNSHIP CODE (THE “SEWER UTILITY ORDINANCE” (07-28) passed first reading May 8, 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 AMENDING AND SUPPLEMENTING SECTION 327-15 OF THE TOWNSHIP CODE TO PERMIT OVERNIGHT PARKING ON PORTIONS OF NEW STREET AND MISSION STREET” (07-32) passed first reading May 22, 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.

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 Ms. Patti Grunther, 22 Mission Street, rejects the idea of paying for permit parking because she is a renter rather than a homeowner. She believes the cost of permits should be based on income.

 Ms. Natalie Thomas, 22 Mission Street, concurred with the previous speaker.

 Ms. Renee Townsend, 21 Mission Street, stated that she is the parent of a handicapped child and this parking permit requirement would be burdensome.

 Mr. Ron Travisano, 275 Claremont Avenue, believes that if a resident does not have a driveway, they should be allowed to park overnight on the street.

 Councilor Freier stated that the Montclair Parking Authority may be discussing a reduced parking permit fee for certain income levels.

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

“Nay” Councilor Mattox.

 * * *

 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 subject to compliance by the licensee with the provisions of R.S.33:1-25, the Municipal Clerk be and she hereby is authorized to issue Plenary Retail Alcoholic Beverage Consumption License, terminating June 30, 2008 to the following:

 TROMBA 0713-33-018-005

 t/a Trumpets

 6 Depot Square

 Montclair, N.J.

 * * *

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

 SPIRITS OF THE SKY 0713-44-008-007

 t/a Spirits At The Sky

 398 Bloomfield Avenue

 Montclair, N.J. 07042

 * * *

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

 WHEREAS, the Department of Community Services Parks Division has applied for a permit from the Department of the Interior U.S. Fish and Wildlife Service in order to control certain wildlife activity in parks and on public property; and

 WHEREAS, the U.S. Fish and Wildlife Service has granted said permit as attached; now therefore

 BE IT RESOLVED that implementation of the attached permit No. MB 100179-0 from the U.S. Fish and Wildlife Service is hereby accepted and authorized.

 * * *

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

 WHEREAS, an emergent condition has arisen in that the Township is expected to enter in contracts, commitments or payments prior to the 2007 budget and no adequate provision has been made in the 2007 temporary budget for the aforesaid purposes, and

 WHEREAS, N.J.S. 40A:4-20 provides for the creation of an emergency

temporary appropriation for said purpose, and

 WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2007 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total as follows:

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 NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-20:

1. Emergency temporary appropriations be and the same are hereby made in the amount of $5,126,159.07 as per the attached schedule.

2. Said emergency temporary appropriations will be provided for in the 2007 budget.

3. That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

* * *

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

WHEREAS, the Township of Montclair has not yet adopted its 2007 budget and therefore the Essex County Board of Taxation is unable to certify the Township’s tax rate at this time, and the Municipal Tax Collector will be unable to mail the Township’s 2007 tax bills on a timely basis; and

 WHEREAS, the Township of Montclair Tax Collector, in consultation with the Township of Montclair Chief Financial Officer, has computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3, and they have both signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies; and

 WHEREAS, in accordance with Chapter 72, P.L. 1994, the Township of Montclair requests the Director of the Division of Local Government Services to approve the estimated tax levy exceeding 105% listed below. Approval will enable the Township to meet its financial obligations, maintain the tax collection rate, provide uniformity for tax payments, and save the unnecessary cost of interest on borrowing;

 NOW, THEREFORE, BE IT RESOLVED BY THE Mayor and Council of the Township of Montclair, in the County of Essex, that:

1.     The Township of Montclair Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Third Quarter of 2007 taxes. The Tax Collector shall proceed upon approval from the Director and take such actions as are permitted and required by P.L. 1994, C. 72 (N.J.S.A. 54:4-66.2 and 54:4-66.3)

2.     The entire estimated tax levy for 2007 is hereby set at $159,439,607.87.

3.     In accordance with law, the Third Quarter Installment of 2007 taxes shall not be subject to interest until the later of August 10, or the twenty-fifth calendar day after the date the estimated tax bills are mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue.

4. The Municipal 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 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 HOWARD GREENSPAN be and he is REAPPOINTED to serve as a MEMBER of the Environmental Commission commencing January 1, 2007 and terminating December 31, 2009.

 * * *

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On motion made by Mayor Remsen 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 pursuant to

N.J.S.A. 2B:12-4, ERNEST BOOKER be and he hereby is reappointed to serve as Montclair Municipal Court Judge for a term commencing on the date hereof and ending on June 30, 2010.

 * * *

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

 WHREAS, the property commonly known as 1 Mountainview Place (Lot 1 in Block 1403 on the Montclair Township Tax Maps) was formerly owned and occupied by the Montclair Volunteer Ambulance Unit (“MVAU”) a non-profit corporation, and as such, said property was exempt from payment of real estate taxes; and

 WHEREAS, title to the subject property was transferred to a non tax-exempt entity on April 19, 2006; and

 WHEREAS, under New Jersey Law, upon the transfer of real property from a tax exempt entity to a non tax-exempt entity the property is subject to payment of real estate taxes commencing on the first day of the month following said transfer, and

 WHEREAS, tax bills were previously issued for the entire 2006 calendar year; and

 WHEREAS, on May 22, 2007, the Township Council adopted Resolution No. 07-83 authorizing the cancellation of a portion of 2006 real estate taxes for the property formerly owned and occupied by the MVAU, but said property was incorrectly identified in the resolution, and it is therefore necessary to amend the prior Resolution; now therefore,

 BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Resolution No. 07-83 adopted by the Council on May 22, 2007 be and is hereby amended to provide that the Tax Collector is authorized to cancel all taxes, interest and penalties related to the property commonly known as 1 Mountainview place (Block 1403, Lot 1) applicable to the period from January 1, 2006 through April 30, 2006.

 * * *

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

 WHEREAS, on December 2, 2005, the Township entered into a professional service agreement with Wank Adams Slavin Associates (WASA) for architectural and engineering services for a feasibility analysis for an expanded recreational facility in the amount of $40,000; and

 WHEREAS, the Township has requested additional services under said agreement to be performed at this time; now therefore

 BE IT RESOLVED that additional services under the aforesaid agreement in an amount not to exceed $6,000 is hereby authorized; and

 BE IT FURTHER RESOLVED that this resolution will take effect subject to Certification of Availability of Funds by the Chief Financial Officer.

 * * *

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

WHEREAS, on June 20, 2007 the Township of Montclair opened and read bids for street improvements on St. Luke’s Place, 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, A & J Contractors Group of 9 Emerson Street, Carteret, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $220,825.10; and

 WHEREAS, the monies for this project have been appropriated in the following Capital Budget Account(s):

and

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BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that A & J CONTRACTORS GROUP be and they are hereby awarded the above-stated contract, 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, on June 20, 2007 the Township of Montclair opened and read bids for street improvements on Northview 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, A & J Contractors Group of 9 Emerson Street, Carteret, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $325,846.50; and

 WHEREAS, the monies for this project have been appropriated in the following Capital Budget Account(s):

and

 BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that A & J CONTRACTORS GROUP be and they are hereby awarded the above-stated contract, 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 Council has adopted Ordinance No. 07-27 amending and supplementing Section 327-15 of the Township Code to permit overnight parking on portions of Talbot Street and William Street; and

 WHEREAS, N.J.S.A. 40:69A-181(b) provides that the governing body may adopt a resolution declaring an emergency and providing for any duly adopted ordinance to take effect less than twenty days after final passage; and

 WHEREAS, the Township Council finds and declares that an emergency presently exists in light of the immediate need for overnight parking for residents of Talbot Street and William Street; now therefore

 BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that pursuant to N.J.S.A.40:69A-181 (b), Ordinance No. 07-27, adopted June 26, 2007, shall take effect immediately.

 * * *

On motion made by Councilor Freier 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: $1,512,012.34.

 * * *

REPORTS AND COMMUNICATIONS

 The 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: Received approved by the Division of Local Government Services in the Department of

 Community Affairs, the Supplemental Debt Statement of June 12, 2007.

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 Application for Renewal of Municipal Consent and check for filing fee of $100 from Comcast.

The application constitutes Comcast’s formal request to Montclair for a renewal of municipal consent to operate a cable communications system in the Township of Montclair.

 * * *

Mayor Remsen highlighted the Fourth of July festivities. He also extended condolences to the

Reilly family on their recent tragedy.

Councilor Mattox reminded all that “school is out” and drivers should use caution on the roads.

He recently attended the Montclair High School graduation and the Project Oasis’ Annual Dinner. Councilor Mattox expressed opposition of the relocation of the “Slave house.”

Councilor Freier expressed concern regarding the underfunding of mental health initiatives

 within the Township. He hopes that both the State and Federal governments will offer additional support.

Councilor Lang also expressed sorrow over the recent tragedy in our Township.

She congratulated all involved in the development of the new tennis courts at Nishuane. Councilor Lang also attended the dedication of the new YMCA Family Center.

Deputy Mayor Tobin believes the relocation of the “Slave House” is not the result of proposed development on its current site. He thanked the Council for his appointment as Deputy Mayor over the past year and offered well wishes to Councilor Michaelson who will resume this role.

Councilor Schlager and Township Manager Joseph Hartnett met with the PAWS organization to work

 out an agreement. She also urged residents to report all non-functioning street lights to Public Service Electric & Gas. Councilor Schlager congratulated all those involved with Project Graduation.

Councilor Michaelson recently attended the dedication of a public art work at the Orange Road deck.

She also stated that the Montclair Historical Society is involved with the Slave House proposal. She commended

 Deputy Chief Terry and Assemblyman Tom Giblin for their very sensitive and caring handling of the

recent tragedy which occurred in our Township.

 Township Attorney Alan Trembulak reported that Comcast recently filed an application with the Board of Public Utilities and the Township to renew their cable TV franchise and meeting will be held with the Communications Advisory Committee and public hearings will be forthcoming.

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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. Hrant Yousoufian, 1 Argyle Road, addressed the amount of money held in reserve by the Board of Education to pay for the cost of Blue Cross/Blue Shield for their employees. He believes any surplus funds in that account should be returned to Montclair’s taxpayers.

 Mr. James Gargin, 381 Orange Road believes the rezoning on Orange Road would be detrimental.

 Mr. Frank Godlewski, 10 Crestmont Road, expressed concern regarding the proposed move of 369 Claremont Avenue (the “Slave House”) because of the historical significance of its site.

 Ms. Joanne Spencer, Caldwell, believes the public has not been made aware of the plan for the “Slave House” once it is relocated to the grounds of the Montclair Historical Society. Ms. Spencer stated that the African American community has not been given the opportunity to provide input on this matter.

 Ms. Janis L. Zadel, 79 Pleasant Way, opposed a zoning change on Orange Road. She believes Montclair needs to preserve “economic diversity” and that community members must have an opportunity for input.

 Dr. Renee Baskerville, 371 Orange Road, reiterated opposition to the proposed Orange Road rezoning because it will change the character of the neighborhood (often considered the southern gateway to Montclair). She believes that the proposed rezoning violates the tenents of the Master Plan and its conservancy component. She asked the Council to preserve the R-1 zoning designation.

 Ms. Janice Walker, 50 Hilltop Place, read an email from Stacey Patton to the Director of the Montclair Historical Society addressing her misgivings regarding the relocation of the “Slave House” to the grounds of the Historical Society.

 Ms. Janet Craft, 5 Ward Place, voiced her opinion that the rezoning of Orange Road properties is “wrong.”

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 Ms. Tracey Fallon, 185 Willowdale Avenue, opposes the proposed new townhouse development on Orange Road. She recently experienced a sewage problem that she believes is the result of overdevelopment in the area.

 Ms. Fannie Fuentes, 185 Willowdale Avenue, expressed disappointment regarding the proposed rezoning on Orange Road. She would like the R1 designation to remain.

 Mr. Ron Travisano, 275 Claremont Avenue, asked who requested the zoning change and who would benefit from it.

 Mr. William Scott, 23 Cedar Avenue, asked why it is difficult to obtain a permit to close Bloomfield Avenue.

 Ms. Lee Ann Ferguson, proprietor, Mango’s Café, reiterated her request to close Bloomfield Avenue for an event.

 Ms. Adriane Moore, 315 Orange Road, also opposes the Orange Road rezoning. She requested more police presence in the South End.

 Ms. Connie Sweet, 18 Monroe Place, stated that the proposed Raggae festival is meant to focus on business owners along Bloomfield Avenue.

 Mr. Stanley White, 439 Orange Road, stated that rezoning the Orange Road properties may eventually lead to uses that residents oppose.

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

 * * *

 At 10:50 P.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned

by unanimous vote.

 ___________________________________________

 EDWARD REMSEN MAYOR

ATTEST:

________________________________________

LINDA S. WANAT MUNICIPAL CLERK