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MONTCLAIR, NEW JERSEY September 25, 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 7:15 P.M.

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

Absent: Councilors Lang and Tobin

STATEMENT OF SUNSHINE NOTICE

Mayor Remsen reported on a meeting held earlier in the evening with the McMullen family. WASA architects made a presentation for improvements to the Clary Anderson Arena. These included extending the ice surface to 200 feet, a mezzanine for 800 people, new drop off section, new entrance and pushing out the building for locker rooms (for visiting and home teams, girls and boys).

The McMullen family stated that their donation is to be used as a one time gift for construction and improvements, not for operating costs. The Township will probably know their financial intentions within 30 days. Public art was also discussed for the building.

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Councilor Lang joined the meeting.

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PUBLIC COMMENT

Mr. Mike Galella, 41 Brunswick Road, asked if the Essex pool would stay as it is. Mayor Remsen answered, “yes”.

Mr. Cary Africk, 2 Erwin Park, asked if there was a dream plan originally and what was that plan? Mayor Remsen stated that the original plan was a $15 million project. Mr. Africk asked if the original plan was Council initiated. Mayor Remsen stated that the plan was originally proposed by the Parks and Recreation Advisory Committee.

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Mayor Remsen asked the Council to look over the committee directory and be prepared to discuss future appointments and reappointments at the Council Conference Meeting of October 16, 2007.

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At 7:45 P.M., on motion made by Mayor Remsen and duly seconded, the following resolution was adopted by unanimous vote:

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

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

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

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

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

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

4. This resolution shall take effect immediately.

At 7:55 P.M., on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

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At 7:56 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 8:01 P.M.

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

Absent: Councilor Tobin

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

Mayor Remsen introduced Phoebe Pollinger, Chair, Montclair Arts Council and Mr. Jim Peskin, Executive Director.

Ms. Pollinger gave the following report:

“Before I begin the main portion of my report this evening, I’m very pleased to announce that the MAC’s Creative Aging Initiative has been chosen from projects around the country by Americans for the Arts to be highlighted on both their main website and in their e-newsletter as the Featured Member Project. Their website receives over 60,000 hits per month and their e-newsletter adds another 5,000 in distribution. We’re enormously proud of this achievement and want to thank Gerry Caracciolo, our board member who is the chair of the Creative Aging Initiative and Rhoda Kriesel, our Vice Chair of the Board who is in charge of publicity.

MAC will be celebrating our second year of operation in October – we formally incorporated in October of 2005. Our executive director, Jim Peskin, was brought on board in January of 2006.

The creation of any organization from the ground up is never easy and the multitude of issues which need to be dealt with cannot be underestimated. It’s writing the bylaws, filing the 501c3 application, implementing an accounting system, forming a board, creating a brand and logo, a website, an e-newsletter, policies and procedures for all committees, creating a membership program, a marketing plan, a budget and bringing together 23 resident non-profit arts and cultural organizations and hundreds of artists.

Not only have we accomplished these tasks, we’ve installed 3 public art projects, have one more installation in October and will announce the finalists for the BangZ project shortly. We’ve collaborated with the MEDC, MAM, Luna Stage, the MPA on an Emerging Film Festival which then resulted in the Montclair Film Network. We’ve created a Gallery Association which will have their 3^rd Gallery Walk on Sunday, October 14^th. We’ve launched the Creative Aging Initiative with the sneak preview of the Public television documentary Do Not Go Gently with MAM as our partner in April, partnered with NJPAC to work on the creation of a New Jersey Creative Aging Network, partnered with Montclair State University’s Service Learning Unit to explore more ways of connecting seniors with arts and culture, created a steering committee comprised of arts organizations, social service organizations, MSU and the Township to develop creative aging programs next year and beyond. Our e-newsletter has 1400 subscribers; our website has over 2500 hits a month. We were chosen by Jersey Arts, the marketing arm of the NJ State Council on the Arts, as the destination for their Jersey Arts weekend which was regionally advertised in magazines, newspapers, on radio and in direct mail. We’ve created the Non-profit Arts Roundtable to connect our arts organizations and have just launched our Artist Registry which will be listing the great talents we have here in our community.

We’ve leveraged your investment in the MAC many times over. The publicity and exposure we’ve received from Jersey Arts, from our public art commissions, from Americans for the Arts is priceless. The economic benefits resulting from this exposure translate to tax revenue for our arts organizations, our retailers and yes, I dare say, our Parking Authority!

There is still much more to be done – a re-granting program, arts in education, a destination marketing program, development of art spaces combined with commercial ratable spaces – for example.

We trust that not only will the Council continue their support for our arts industry but that all of our citizens will join us at the MAC – become members, become sponsors, patronize our arts organizations and insure that our arts and cultural organizations and our artists thrive in our community.

I’d like to thank our exceptional, experienced and highly qualified Board for their hard work, our Executive Director, our interns and our wonderful volunteers for making MAC a reality.

Thank you.”

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On motion made by Mayor Remsen and duly seconded, the minutes of September 11, 2007 were approved by unanimous vote.

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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 1.229%.

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· ORDINANCES-SECOND READING/ADOPTION

The pending ordinance entitled: “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS FOR THE PUBLIC LIBRARY OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $150,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” (07-40) passed first reading September 11, 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: “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL

IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY,

APPROPRIATING THE AGGREGATE AMOUNT OF $2,330,500 THEREFORE AND AUTHORIZING THE

ISSUANCE OF $2,213,975 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST

THEREOF” (07-41) passed first reading September 11, 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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ORDINANCES-FIRST READING/INTRODUCTION

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 October 23, 2007.

“BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $100,000 FOR THE ACQUISITION OF VARIOUS VEHICLES FOR THE SEWER UTILITY IN AND BY THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $95,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION.”(07-44).

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 October 23, 2007.

“ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 327 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE”) TO PROVIDE REVISED PARKING REGULATIONS FOR A PORTION OF LLOYD ROAD).” (07-45).

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:

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that pursuant to N.J.S.A.2B:25-4, KENNETH C. STRAIT, JR. be and is hereby appointed to serve as Municipal Prosecutor for a term of one year, commencing October 1, 2007 and terminating September 30, 2008.

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On motion made by Councilor Lang 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 Montclair Code Section 44-7, JOSEPH C. ANGELO, ESQ. be and is hereby reappointed to serve as Assistant Township Attorney for a one-year term commencing October 1, 2007 and terminating September 30, 2008.

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

WHEREAS, the Township of Montclair is committed to providing safe, clean and affordable fuels for its fleet of vehicles and equipment in order to conserve limited energy resources, increase energy security, and reduce air pollution and emission of carbon dioxide gases which contribute to global warming; and

WHEREAS, bio diesel fuel is a clean-burning alternative fuel which contains no petroleum, is produced from domestic, renewable resources, and results in a substantial reduction of air pollutants and the emission of carbon dioxide; and

WHEREAS, the Office of Clean Energy in the New Jersey Board of Public Utilities has agreed to reimburse the Township for any incremental increase in the cost of B20 Bio diesel fuel purchased by the Township; and,

WHEREAS, pursuant to the Local Public Contracts Law, municipalities are authorized to procure goods and services through the New Jersey Department of the Treasury Purchase Bureau Contracts without advertising for bids; and

WHEREAS, the New Jersey Department of the Treasury has awarded a contract for the purchase of B20 Bio diesel Fuel to World Energy Alternatives LLC; and

WHEREAS, the Township of Montclair wishes to purchase B20 Bio diesel fuel from World Energy Alternatives, LLC, subject to the terms and conditions of aforesaid State contract; and

WHEREAS, the funds for this purchase have been appropriated in the 2007 Operating Budget; now, therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township be and is hereby authorized to purchase B20 bio diesel fuel from World Energy Alternatives, LLC in accordance with the terms and conditions of the aforesaid State contract, subject to certification of available funds from the Chief Financial Officer.

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

WHEREAS, the Township of Montclair recently completed a tax revaluation of all properties in the Township; 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 tax bills for said properties in order to correct the aforesaid administrative error; now, therefore,

BE IT RESOLVED, that the third and fourth quarter tax bills for the year 2007 and the first and second quarter tax bills for the year 2008 for low and moderate income condominium units located at 50 Pine Street shall be corrected to reflect the assessed values set forth on the schedule attached hereto; and

BE IT FURTHER RESOLVED, that any estimated tax bills issued with respect to the aforesaid properties not consistent with the above are hereby declared void ab initio.

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

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

WHEREAS, the Montclair Parking Advisory Committee has recommended that the Township restrict parking within four feet of all driveways on Chestnut Street between Montclair Avenue and Christopher Street, Lloyd Road between Hoburg Place and the Montclair Kimberly Academy parking area, Essex Avenue between Chestnut Street and Champlain Terrace, and Columbus Avenue between Essex Avenue and Montclair Avenue; and

WHEREAS, the Township Council has determined that the Township should also restrict parking within four feet of all driveways between Valley Road and Midland Avenue; now therefore

BE IT RESOLVED that the Township Manager is hereby directed to arrange for the Department of Community Services to place lines or markings on the curb and/or street so as to prohibit parking within four feet from the edge of all driveways on the following streets:

(a) Chestnut Street between Montclair Avenue and Christopher Street;

(b) Lloyd Road between Hoburg Place and the Montclair Kimberly Academy parking area

(c ) Brunswick Road between Valley Road and Midland Avenue

(d) Essex Avenue between Chestnut Street and Champlain Terrace; and

(e) Columbus Avenue between Essex Avenue and Montclair Avenue

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

WHEREAS, the State of New Jersey Department of Environmental Protection (NJDEP) through the Hazardous Discharge Site Remediation Fund (“HDSRF”), has grant funds available to municipalities for the purpose of funding Preliminary Assessments, Site Investigations and Remedial Investigations to determine the existence or extent of hazardous substance discharge conditions on properties owned by public entities, and, in certain circumstances, to provide funding for Remedial Actions on such properties; and

WHEREAS, the Township of Montclair wishes to conduct a Remedial Investigation with respect to property owned by the Township located at 399 Orange Road and designated as Block 3904, Lot 57 on the Township Tax Maps; and

WHEREAS, pursuant to the requirements of the HDSRF Grant program, the Township Council has determined, and hereby concludes, that there is a strong probability that the subject property will be redeveloped within 3 years after completion of any necessary environmental remediation in view of the continued demand for developable land in the Township, the property’s desirable corner location along a major roadway, and the fact that the Township has received and continues to receive proposals and numerous unsolicited inquiries from persons interested in acquiring the property; now, therefore,

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BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Manager be and is hereby authorized and directed to execute a grant application and any other documents required to apply for an HDSRF grant on behalf of the Township for the property located at 399 Orange Road, and upon approval of said grant, to authorize the implementation of a Remedial Investigation for said property, with payment to be made from said grant funds in accordance with the terms of a contract to be approved by the Township Council if and when the grant is approved.

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

“Abstain” Councilor Mattox.

WHEREAS, there exists a continued need for the Township of Montclair to hire a consultant with special expertise and experience to facilitate and promote the development of the arts; to advise Township officials on matters regarding arts in the community; to evaluate works of art and artistic performances and expressions for the purpose of advising the Township and Township agencies in the selection of public art, the hiring of artists, and the role of specific artistic endeavors in the life of the community; and to coordinate a range of projects and programs aimed at improving the economic viability of commercial districts throughout the Township; and

WHEREAS, the services required by the Township constitute extraordinary unspecifiable services in that there is a critical and essential need for expertise, extensive training and proven reputation in the development and promotion of the arts and cultural affairs within the Township of Montclair and the services are of such a qualitative nature that the performance of the services cannot be reasonably described by written specifications; and

WHEREAS, N.J.S.A. 40A:11-5(1)(a)(ii) of the Local Public Contracts Law permits a municipality to enter into contracts for extraordinary unspecifiable services without competitive bidding; and

WHEREAS, the Township Council has received a Standard Certification Declaration for An Extraordinary Unspecifiable Service as required by the Division of Local Government Services; 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, the Montclair Arts Council, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that it has not made any reportable contributions to a political or candidate committee in the Township of Montclair in the previous one year, and the contract will prohibit said corporation from making any reportable contributions during the term of the contract, now therefore,

BE IT RESOLVED by the Council for 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 Montclair Arts Council, Inc. in the form attached hereto and made a part hereof, pending certification as to the availability of funds by the Chief Financial Officer.

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.

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

WHEREAS, Aire Associates LLC, the owner of property commonly known as 23 South Fullerton Avenue, Montclair, New Jersey, has requested that the Township grant a 5.5 foot easement on Township property located adjacent to the South Fullerton Parking Plaza in order to permit the installation of utility locations in connection with the owner’s redevelopment of the property which was formerly occupied as a Masonic Temple; and

WHEREAS, the Township Engineer has reviewed this proposal and determined that the requested easement is reasonably required by the property owner to construct electrical, water and sewer connections on the Township’s property and that the granting of an easement will have no material effect on the Township’s property or the use of the South Fullerton Parking Plaza; 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 Easement Agreement with Aire Associates LLC in a form substantially similar to the agreement attached hereto and made a part hereof.

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

WHEREAS, the vitality of our town depends on how safe we keep our homes, neighborhoods, schools, workplaces, and communities; crime and fear of crime destroy our trust in others and in civic institutions, threatening the community’s health, prosperity, and way of life

WHEREAS, people of all ages must be made aware of what they can do to prevent themselves, and their families, neighbors, and co-workers from being harmed by crime; and

WHEREAS, everyone must be made aware of the dangers of technology crime and how they can protect themselves from becoming its victims; and

WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require investment from the whole community; and

WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for young people; and

WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; and

WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help nurture communal responsibility and instill pride; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, proclaim October 2007 as Crime Prevention Month in Montclair and urge all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make Montclair a safer, stronger, more caring community.

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

WHEREAS, on May 16, 2007, the Township of Montclair, in the County of Essex, opened and read four bids for the Replacement of Lead & Lead-Lined Galvanized Water Services--Phase III, as prescribed by law; and

WHEREAS, all four bids that were received for this project exceeded the estimated amount for this project; and

WHEREAS, the sixty day review period for these bids expired on August 8, 2007;

NOW, THEREFORE, BE IT RESOLVED that all the bids opened on May 16, 2007 for the Replacement of Lead & Lead-Lined Galvanized Water Services--Phase III are hereby rejected.

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On motion made by Councilor Schlager and duly seconded, the following resolution was adopted by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang 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: $861,128.85.

Councilor Freier stated: “I would like to make an amendment. I would like to amend the bill list to include payment to the Montclair Arts Council for the balance of their contract for this year. This is $54,600 subject to approval by the Chief Financial Officer and the Township Manager.” Deputy Mayor Michaelson seconded the amendment. The amendment was approved by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang and Schlager. “Nay” Councilor Mattox.

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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.

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

FILED: One fully executed copy of a contract for Cleaning Services for the Township of Montclair Municipal Building at 205 Claremont Avenue, awarded to Andrews & Co. , LLC.

One fully executed copy of a contract for Provision & Installation of One Diesel Powered Electrical Generator and Automatic Transfer Switch for the Montclair Public Safety Building (Police Headquarters) awarded to Foley, Inc.

One fully executed copy of a contract for the Purchase and Delivery of Water Works Materials awarded to The Lee Company.

One fully executed copy of a contract for Montclair Center Street Lighting Improvements awarded to Foggia Contracting Co., Inc.

One fully executed copy of a contract for Bank Stabilization on Nishuane Brook (Llewellyn Road to High Street) awarded to Jo-Med Contracting Corp.

Certificate of Insurance from the Church World Service for the Crop Walk to be held on October 21, 2007.

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Councilor Lang stated that Nishuane Brook is now being repaired. She expressed her thanks to Senator Nia Gill and the State for all of their help. She also thanked the County for their help with funds a couple of summers ago used for cleaning out the brook. It is now being shored up and getting rid of the erosion. The goal is to take care of the entire Brook but for now, a little at a time.

She attended Trinity Presbyterian Church’s Family and Friends Day and thanked them for inviting her.

She reported on a meeting held earlier in the evening with residents of Mission and New Streets. Many issues were discussed: daytime commuters parking on these streets and walking to the train station; the need for a specified loading zone, crime in the area, and overnight parking permits. Some residents have made other arrangements for parking overnight and will not need to purchase permits. However, it is an ongoing issue.

Councilor Freier noted that the traffic calming stripes have been placed on Harrison Avenue.

His original goal was to have a traffic light installed but State approval was denied. He gave special thanks to Kimberli Craft, Township Engineer for all of her efforts in this regard.

He also encouraged people to buy homes in Montclair so our tax revenues could be increased.

Councilor Mattox apologized for departing the meeting in a few minutes due to a personal matter. He also stated that he met with a small group of residents on Mission/New Streets.

He discovered that in order to avoid buying an overnight parking permit some residents are parking on their front lawns, and he questioned whether that was legal or not.

Councilor Mattox asked the Township Manager to give an update on the trees at Montclair High School.

Mayor Remsen thanked Katya Wowk and Sharon Collucci for the quality of their report made recently to the Council re: Channel 34. He stated that tremendous progress has been made with Channel 34 with improvement in the sound quality and technology and also the program content and variety of new programs. He also thanked the Communications Advisory Committee and said that he recently attended one of their meetings in which they were beginning negotiations with Comcast re: the franchise agreement.

He also attended a meeting of the Historic Preservation Commission and commended those members for their work with the owners of properties who are in historic districts to make sure that the owners have worked within the guidelines. He also commended the Parking Advisory Committee and appreciates the difficult parking problems they have before them, and believes that this Committee has some good input from residents and the police and some reasonable solutions have come forth.

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He also stopped by the Upper Montclair Sidewalk Sale and was the keynote speaker at St. Mark’s Church and thought that event was a nice way to start the fall season.

Councilor Schlager attended the Parking Advisory Committee Meeting with some residents from Essex Avenue and Columbus Avenue with parking problems due to athletic events being held at Woodman Field. She also reported that the parking permits around Montclair High School seems to be working out and is under control.

Councilor Schlager mentioned that on Saturday, along with the Farmers Market, there are other events taking place: a party on the Plaza at Watchung Plaza, Hopes and Ropes event at Montclair High which commemorates the 10^th anniversary of the David Greenwald Challenge Course, planting of a memorial tree in honor of Michael Arace, a former teacher at Montclair High School who passed away this past year, and Montclair Rocks at the Upper Montclair Women’s Club.

Township Manager Joseph Hartnett reported on several projects and issues:

Leftover tiles from an art project in the schools have been used in waste receptacles around town.

A meeting set up with the County Public Works Director to discuss improvements to the Claremont/Bloomfield Avenue triangle.

Issues relating to the condition of the trees in the David Greenwald Challenge Course and the various inspections conducted by the staff. Mr. Hartnett feels the trees are safe for Saturday’s event.

Mr. Hartnett thanked the Council for the resolution re: biodiesel fuel for Township trucks and stated that the Town is trying to do better environmentally and making improvements in energy efficiency around town.

Mr. Hartnett noted changes to the Council agenda; specifically, suggestions made by Township resident Cary Africk re: wording of ordinances being introduced and adopted.

Mr. Hartnett and the revaluation company, ASI, will meet with residents of Frog Hollow regarding their recent reassessments.

Township Attorney Alan Trembulak reminded everyone that at the October 9^th Council meeting, there will be a continuation of the public hearing on the application by Comcast of the Cable TV franchise.

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Councilor Mattox left the meeting.

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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:

Ms. Joyce Goldman, 5 Roosevelt Place, liaison to County Executive Joseph DiVincenzo, reported on the success of Senior Day held by the County. She also reminded everyone of upcoming fall events being sponsored by the County: Visitor Appreciation Day at Turtle Back Zoo, Octoberfest being held at the Environmental

Center on October 6^th and a pre-Halloween Day at Kips Castle.

Mr. Larry Richardson, 13 Graham Terrace, asked for Council assistance regarding his taxes and his recent reassessment.

Ms. Audrey Hawley, 17 Grenada Place, asked if the revenue the Township receives from Comcast could be used to purchase cable equipment for Channel 34. Also, she was dismayed with the conduct of the Council during the September 11^th Council meeting. And, finally, she asked about the Mission/Elm/New redevelopment area and the lack of notification of meetings that were held regarding plans for this project.

Ms. Robin Woods, 50 Pine Street, asked if trash receptacles could be placed on lower Bloomfield Avenue and if the sidewalks could be repaired in Crane Park area. She also was disturbed by the noise coming from Mangoes Restaurant until 4 a.m.

Mr. Haywood Woods, 50 Pine Street, asked if veterans receive tax breaks on their tax bills, and his dismay with the window dressing at Dressing for Pleasure storefront.

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

* * *

At 9:38 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