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MONTCLAIR, NEW JERSEY August 7, 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: Deputy Mayor Michaelson and Councilors Freier, Mattox and Tobin.

Absent: Mayor Remsen and Councilors Lang and Schlager

STATEMENT OF SUNSHINE NOTICE

Review of agenda for Regular Meeting.

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SIGNAGE:

Township Manager Joseph Hartnett proffered a request to place several electronic signs within theTownship to “advertise” upcoming events (under policies to be established by the municipality). Mr. Hartnett will continue to seek additional information.

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BUDGET AMENDMENT DISCUSSION:

Township Manager Hartnett discussed the timetable for adopting an amendment to the proposed 2007 municipal budget.

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At 8:04 P.M., on motion made by Deputy Mayor Michaelson 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 8:06 P.M.

Present: Deputy Mayor Michaelson and Councilors Freier, Mattox and Tobin

Absent: Mayor Remsen and Councilors Lang and Schlager.

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

On motion made by Deputy Mayor Michaelson and duly seconded, the minutes of June 12, 19 and 26 and July 10 and 24, 2007 were approved by unanimous vote.

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PENDING ORDINANCES

The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 82 OF THE TOWNSHIP CODE ENTITLED “ANIMALS” TO PROVIDE REGULATIONS REGARDING THE RESTRAINT AND TETHERING OF ANIMALS” (07-37) passed first reading July 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.

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

Ms. Beth Scheckel, 29 South Willow Street, expressed support of a Council approved tethering ordinance.

Joslyn S. Allen, 249 Valley Road, questioned the need for the ordinance as proposed.

Ms. Cecilia Pollack, 10 Francis Place, spoke in favor of a limited time frame for tethering of animals.

Ms. Sandy Reynolds, 32 Hillside Avenue, supported legislation restricting excessive tethering of dogs.

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Ms. Kay Sherwood, 320 Linden Avenue, also opposes continuous tethering of dogs.

Ms. Heidi Buenger, 45 College Avenue, believes excessive tethering can be cruel and abusive to dogs.

Mr. Peter Donegan, 18 Warren Place, stated that he had submitted a sample tethering ordinance which he believes is more appropriate than Montclair’s proposed ordinance.

Ms. Mary Ann Gallagher, 549 Park Street, thanked the Council for considering revisions to 07-37.

Mr. Joel Tabor, Montclair Pet Supply, believes current Montclair ordinances already address issues pertaining to dog safety and comfort. He suggested several changes in the language and conditions of the proposed ordinance.

Ms. Joan Tabor, 10 Norman Road, stated that this ordinance “is wrong for Montclair” because it assumes that “one size fits all.” She believes this ordinance will encourage selective enforcement.

Ms. Barbara Haywood, 9 Burnside Street, reported that existing New Jersey animal cruelty statutes address animal neglect. She believes that “tethering’ laws are breed specific and expand the scope of police searches.

Ms. Linda Harzheimer, 60 Eagle Rim Road, AKC member, opposes this ordinance because it violates civil liberties and is discriminatory toward minorities and low income families.

Ms. Marie Badaracco, 88 Norwood Avenue, asked if any Council members had participated in any dog agility trials. She opposes any enclosure that is over 4-5 feet.

Mr. Bill Kaplan, 310 Highland Avenue, reiterated that New Jersey State Statutes already address dog safety concerns.

Ms. Candy Wisnieski, 19 Norwood Avenue, opposed any ordinance which penalizes law abiding pet owners.

Ms. Adena Misiewicz, 155 Bellevue Avenue, dog trainer, stated that she is opposed to dog tethering.

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

On motion made by Councilor Tobin and duly seconded, the ordinance was WITHDRAWN by unanimous vote.

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The pending ordinance entitled: “ORDINANCE AMENDING CHAPTER 228 OF THE TOWNSHIP CODE TO PROVIDE NEW PARKING REGULATIONS FOR STREETS ADJACENT TO MONTCLAIR HIGH SCHOOL” (07-38) passed first reading July 24, 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.

Deputy Mayor Michaelson provided background on this ordinance.

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

Ms. Carol Schlein, 168 Midland Avenue, asked the Council to review the ordinance before the end of the 2007-2008 school year. She also requested that students be discouraged from driving to schools and that all laws be enforced.

Ms. Amy Miners, 174 Midland Avenue, asked how the number of parking permits referenced in this ordinance were determined.

Ms. Carol Lane, 176 Midland Avenue, believes excessive parking on Midland Avenue creates extra litter.

Mr. Mike Villella, 41 Brunswick Road, stated that a paid parking permit scenario shifts the burden to surrounding streets which allow free parking.

Mr. Tim Farlie, 122 Buckingham Road, Montclair High School senior, stated that students at Montclair Kimberley Academy, Lacadaire and other schools are not affected by parking restrictions.

Mr. Matthew Silverman, 168 Gordonhurst Avenue, member of the Parking Advisory Committee, reported that, after extensive study, the Parking Advisory Committee developed this ordinance which represents a number of compromises. He outlined the parameters of the ordinance.

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Ms. Shirley Gentry, 41 Central Avenue, asked if the Township will allocate extra funds to address the additional trash and litter created by permit parking.

Deputy Mayor Michaelson moved to POSTPONE the vote on this ordinance to the Special Meeting of August 14, 2007.

Councilor Tobin stated his objections to this ordinance. Councilor Mattox stated his objections to both the ordinance and the postponement to the Special Meeting of August 14, 2007.

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

On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was POSTPONED by the following vote: “Ayes” Deputy Mayor Michaelson and Councilors Freier and Tobin. “Nay” Councilor Mattox.

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

WHEREAS, pursuant to the Local Public Contracts Law, N.J.S.A 40A:11-6, a contract or agreement may be awarded without public bidding when there is an emergency affecting the public health, safety or welfare which requires the immediate delivery of goods or the performance of services; and

WHEREAS, due to the presence of numerous unhealthy and hazardous trees throughout the municipality, as well as trees interfering with PSE&G utility lines, the Township had a need to engage vendors to perform emergency tree removal services; and

WHEREAS, the emergency condition affected the public health, safety and welfare of Township residents and required immediate attention and repair; and

WHEREAS, the need for the aforementioned tree removal services arose notwithstanding a good faith effort on the part of the Township to plan for these services; and

WHEREAS, a resolution previously approved on January 10, 2006 for this purpose did not include the full contract amount necessary to complete the project in order to mitigate the emergency; 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. 40A:11-6 the Township Manager shall be and he herby is authorized to enter into an additional agreement with Dom’s Tree Service for emergency tree removal services in the amount of $38,250.00 without the necessity of public bidding, pending certification of funds by the Chief Financial Officer.

A copy of this resolution will be published in The Montclair Times.

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

WHEREAS, the Township of Montclair recently underwent a complete tax revaluation of all properties; and

WHEREAS, said revaluation inadvertently did not record the correct assessments for certain properties whose values are set pursuant to applicable law and by legal agreement for low and moderate income owners; and

WHEREAS, as a result of the above it is necessary to correct the third quarter tax bills for said properties in order to correct the aforesaid administrative error; now therefore

BE IT RESOLVED that the following low and moderate income condominium units located at 50 Pine Street shall hereby have their third quarter 2007 tax bills corrected to reflect the assessed values as shown below; and

BE IT FURTHER RESOLVED that any estimated bills sent to said taxpayer not consistent with the above are hereby declared void ab initio.

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

WHEREAS, pursuant to the Zoning Board of Adjustment’s refund policy, the Township Council must determine by Resolution the amount of any application fee to be retained if an application before the Board of Adjustment is withdrawn; and

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WHEREAS, Richard and Andrea Nordstrom, owners of property at 67 Upper Mountain Avenue, filed a variance application on June 4, 2007 for a proposed front porch addition, which application was subsequently withdrawn after the plans were revised to eliminate the need for a variance; and

WHEREAS, Planning Department staff did no work on the application before it was withdrawn; and

WHEREAS, the Township Planner has recommended that the entire application fee be returned minus the ten dollar ($10.00) non-refundable processing fee; now, therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the sum of $190.00 be returned to Richard and Andrea Nordstrom in connection with the withdrawal of the variance application filed with the Zoning Board of Adjustment.

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

WHEREAS, on May 30, 2007, the Township of Montclair opened and read bids for the Purchase and Delivery of Water Works Materials, as prescribed by law; and

WHEREAS, two companies picked up bid packages; and

WHEREAS, all the quantities listed on the Bid Proposal are estimated and these quantities may be increased or reduced as needed by the Water Bureau during the contract period; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the contract for the Purchase and Delivery of Water Works Materials (various prices for the various items) be and is hereby awarded to THE LEE COMPANY of P.O. Box 40, Denville New Jersey 07834 [Telephone: 973-627-5200].

The monies for these purchases will be appropriated in the Water Bureau Capital and/or Operating Budgets. Complete details of the contract are attached hereto and made a part hereof.

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

WHEREAS, on July 25, 2007 the Township of Montclair opened and read bids for GORDONHURST AVENUE CURB IMPROVEMENTS, 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, Cifelli & Son Gen. Construction of 4 Coppola Street, Nutley, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $266,080.13; 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 CIFELLI & SON GEN. CONSTRUCTION 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.

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

WHEREAS, on July 25, 2007 the Township of Montclair opened and read bids for GROVE-WALNUT BUSINESS DISTRICT STREET IMPROVEMENTS, 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, DLS Contracting Inc. of 633 Franklin Avenue, Nutley, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $351,141.25; and

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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 DLS CONTRACTING INC. 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.

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

WHEREAS, on July 25, 2007 the Township of Montclair opened and read bids for MONTCLAIR CENTER STREET LIGHTING, 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, Foggia Contracting Co. of 262 Timber Drive, Berkeley Heights, New Jersey submitted the lowest responsible bid, according to the specifications, in the amount of $140,980.20; 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 FOGGIA CONTRACTING CO. 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.

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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 the Mayor and Township Clerk be and they are hereby authorized to execute and attest an agreement with the Ne3w Jersey Department of Transportation for Street Improvements at South Fullerton Avenue (The Crescent to Gates Avenue).

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

WHEREAS, Section F-3103.3 of the New Jersey State Fire Prevention Code provides that a municipal governing body must authorize the display of fireworks within its boundaries as a pre-condition to such display in accordance with the above fire code regulation; and

WHEREAS, St. Sebastian Society has submitted an application to the Montclair Fire Department to conduct a fireworks display on the afternoon of August 25 and 26, 2007; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Council hereby authorizes a fireworks display by St. Sebastian Society on the aforesaid dates upon the approved contractor’s satisfaction of all requirements with regard to same to be verified by the Montclair Fire Department.

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On motion made by Councilor Mattox 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: $1,248,719.14.

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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.

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On motion made by Deputy Mayor Michaelson 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 July 2007:

Tax Collector $18,027,664.93

Oath of Office:

Glenn Perry, Captain in the Montclair Fire Department

Letters received opposing the amendment to the ordinance re: dog tethering:

From the Watchung Mountain Poodle Club, Inc., opposing the 8’ height requirement for enclosures for the dogs.

From the Shetland Sheepdog Club of Northern New Jersey, Inc., opposing the amendment.

From Barbara Fox, 4 Townsend Court, Franklin Park, opposing the amendment.

From Shannon Kelly, Yonkers, N.Y., opposing the amendment.

From the Council on Affordable Housing a COAH resolution approving the appointment of Karen Kadus as the Municipal Housing Liaison for the Township of Montclair.

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Councilor Freier thanked all those who provided input to the dog tethering ordinance.

Councilor Mattox stated that he continues to review communications recently received addressing 07-37.

Deputy Mayor Michaelson attended Montclair’s “Night Out” event sponsored by the Montclair Police earlier this evening. She also noted the new exhibit at the Montclair Art Museum entitled “Reflecting Culture-The evolution of American Comic Book Superheroes.”

Township Manager Joseph Hartnett reported that the Township received $200,000 in Extraordinary Aid. He is currently drafting a resolution to amend the budget which would reflect this revenue and other cost savings measures. A resolution reflecting these changes will be acted upon at the Special Meeting of August 14, 2007 at 7:00 P.M.

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PUBLIC HEARING

Deputy Mayor Michaelson 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. Felix Ocasio, 17 William Street, believes the “Frog Hollow” community was improperly placed in the incorrect neighborhood designation during the recent revaluation. He asked that this entire area be reassessed.

Ms. Diane Galen, 30 Central Avenue, presented a petition for a reassessment of the Frog Hollow neighborhood in order to bring about the “true market value.”

Township Manager Hartnett invited several residents of this area to meet with him to address their concerns around August 15, 2007.

Mr. Michael Walker, 15 William Street, expressed concern regarding the “split between Upper Montclair, the South End and the Frog Hollow area which may create a negative impact on the area.

Ms. Keshia Trotman, 38 Central Avenue, is concerned with the increase of taxes and the decrease of services in her area. She also noted problems with conditions of trees in front of her home.

Ms. Dorcas Ejiogu, 81 Mission Street, distributed a fact sheet regarding “Invertness in Electromagnetic Fields From Cybernetics.”

Mr. Ben Hippolyte, 41 Greenwood Avenue, protested his recent tax assessment.

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Mr. Cary Africk, 2 Erwin Park, asked if there had been any follow-up on the 2005 Solid Waste Study. He also asked that Montclair take advantage of N.J. Tree Foundation’s offer to provide free trees to the municipality.

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

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

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JOYCE R. MICHAELSON DEPUTY MAYOR

ATTEST:

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LINDA S. WANATMUNICIPAL CLERK