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MONTCLAIR, NEW JERSEY

November 12, 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 7:12 P.M.

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

Absent:  None

STATEMENT OF SUNSHINE NOTICE

The Council requested updates on the following topics: Affirmative Action, Forestry Plan, Affordable Housing and IZO and law enforcement in Montclair (at a regular meeting.)

* * *

Review of agenda for the Regular Meeting.

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WATER AND SEWER UTILITY RATES:

Township Manager Joseph Hartnett reported that proposed 2008 sewer and water rates would probably increase by 4 ¾ percent. The new rate would be used to offset labor, electricity and utility costs (up 20/30 percent). However, he attributed a large percentage of any sewer increase to the payment the Township makes to the Passaic Valley Sewerage Commission.

* * *

PUBLIC COMMENT 

Mr. Cary Africk, 2 Erwin Park Road, suggested that the Council support both improvements in technology for the Building Code Department and the hiring of new employees in order to reduce the inspection backlog.

* * *

At 8:01 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 8:10 P.M.

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

Absent: None

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

COMMUNITY DEVELOPMENT BLOCK GRANT HEARING 

Mayor Remsen stated that the hearing was now open to the public.

Ms. Karen Kadus, Director of Planning and Community Development, announced that this is the first of two required CDBG hearings. The second hearing will take place on November 27, 2007. Applications must be filed in the Planning Department by November 26, 2007.

There being no one present who wished to be heard, Mayor Remsen closed the hearing.

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PUBLIC COMMENT

Mr. Cary Africk, 2 Erwin Park Road, asked if CDBG funds could be made available to fund arts related needs, i.e., new theatre.

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Ms. Phoebe Pollinger, Chair of the Montclair Arts Council, commented on the new public art sculpture located at the Bay Street Deck. She thanked Deputy Mayor Michaelson and Councilor Lang for their generous remarks at the unveiling. Ms. Pollinger presented a case for supporting space for arts and cultural activities in future commercial developments within the Township. 

* * * 

On motion made by Mayor Remsen and duly seconded, the minutes of October 16, 2007 were approved by unanimous vote.

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ORDINANCES – SECOND READING/ADOPTION

The pending ordinance entitled: “ORDINANCE AMENDING CHAPTER 322 OF THE TOWNSHIP CODE (THE “TOWING ORDINANCE”) (07-46) passed first reading October 9, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

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

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

On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.

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The pending ordinance entitled: “ORDINANCE AMENDING SECTION 327-18 OF THE TOWNSHIP CODE ENTITLED “PARKING PROHIBITED CERTAIN HOURS” TO PROVIDE REVISED PARKING REGULATIONS FOR A PORTION OF LLOYD ROAD” (07-47) passed first reading October 16, 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 327 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE”) TO PROVIDE REVISED PARKING REGULATIONS ON THE SOUTH SIDE OF CHESTNUT STREET BETWEEN PARK STREET AND MIDLAND AVENUE) (07-48) passed first reading October 23, 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: “REFUNDING BOND ORDINANCE PROVIDING FOR PAYMENT OF AMOUNTS OWING TO OTHERS FOR TAXES LEVIED IN AND BY THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $2,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,000,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF” (07-49) passed first reading October 23, 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.

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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 WATER SYSTEM IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $850,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $807,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF”(07-50) passed first reading October 23, 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 

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 November 27, 2007.

“ORDINANCE DESIGNATING PROPERTY COMONLY KNOWN AS 369 CLAREMONT AVENUE (THE JAMES HOWE HOUSE) AS AN HISTORIC LANDMARK PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE TOWNSHIP OF MONTCLAIR”. (07-51).

The motion was adopted by unanimous vote.

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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 November 27, 2007.

“ORDINANCE REAPPROPRIATING $75,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSE IN ORDER TO PROVIDE FOR THE PURCHASE OF A USED FIRE TRUCK AND ADDITIONAL RELATED EQUIPMENT FOR THE TRUCK IN AND BY THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY.” (07-52).

The motion was adopted by unanimous vote.

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

WHEREAS, application has been filed for a Person-to-Person transfer of Plenary Retail Consumption License 0713-33-013-012, heretofore issued to Rascals Montclair, LLC, Montclair, N.J. 07043. 

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated there under, as well as pertinent local ordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

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NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in Essex County, does hereby approve, effective immediately, the transfer of the aforesaid Plenary Retail Consumption License to Dick Grabowsky, LLC, 499-501 Bloomfield Avenue, Montclair, NJ 07042. for a term ending June 30, 2008, and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership.

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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 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, Glen Willow Partners, LLC, owner of property at 131 Glenridge Avenue, in response to a stop work directive issued on January 12, 2007, filed an application on January 30, 2007 for an Appeal of Administrative Decision and Request for Interpretation of Zoning Ordinance, which was withdrawn on October 26, 2007; and

 WHEREAS, Glen Willow Partners, LLC, owner of 131 Glenridge Avenue, in response to a subsequent stop work directive issued on January 30, 2007, filed a second application on February 15, 2007 for an Appeal of Administrative Decision and Request for Interpretation of Zoning Ordinance, which was also withdrawn on October 26, 2007; and

 WHEREAS, at the applicant’s continual request, the applications were not scheduled for a public hearing, and in the interim, the applicant obtained site plan approval and variance relief from the Planning Board; and

 WHEREAS, Planning Department Staff has recommended to the Township Council that 100 percent of the application fees paid by Glen Willow Partners, LLC, 131 Glenridge Avenue, be returned, minus a total of $20.00 in non-refundable processing fees;

 THEREFORE, BE IT RESOLVED, that Glen Willow Partners, LLC, 131 Glenridge Avenue shall receive a refund in the amount of $800.00.

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

 WHEREAS, Section 202-41 of the Township Code requires the payment of a development fee to the Montclair Housing Trust Fund equal to one (1%) percent of the equalized assessed value of any “eligible activity” listed in Section 202-43 of the Code, including the development of new buildings and the expansion of existing buildings; and

 WHEREAS, John Gerecs and Melanie Factor, the owners of property commonly known as 128-130 North Fullerton Avenue (the “Property”), paid a development fee of $12,222.00 to the Montclair Housing Trust Fund based on the Tax Assessor’s determination of the equalized assessed value of the Property; and

 WHEREAS, the equalized assessed value of the property was incorrectly calculated based on erroneous information that the Property consisted of two separate tax lots/dwelling units rather than one two-family dwelling; and

WHEREAS, the Certificate of Occupancy issued by the Construction Official on May 16, 2007 confirms that the Property contains one newly constructed two-family dwelling; and

WHEREAS, the Tax Assessor has confirmed that the Property is listed as a two-family residential structure with a fully-assessed value of $857,000; and

WHEREAS, in view of the above, the property owner should have paid a development fee of $8,570.00 rather than $12,222.00; and

WHEREAS, by resolution dated October 23, 2007, the Township Council authorized a refund of the developer’s fee in the amount of $6,630.00 which refund was based on a partial assessment of the property, rather than the property’s fully assessed value; and

WHEREAS, this resolution is intended to replace and supersede the October 23, 2007 resolution; now therefore,

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BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the aforementioned October 23, 2007 resolution be and is hereby amended and the Finance Department is hereby authorized to issue a check to John Gerecs and Melanie Factor in the amount of $3,652.00 representing a refund of the excess development fee paid to the Montclair Housing Trust Fund.

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

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-10 authorizes municipalities to acquire goods and services through a duly formed cooperative purchasing system without advertising for bids; and

WHEREAS, the Township of Montclair is a party to a cooperative purchasing agreement with the Morris County Cooperative Pricing Council, a cooperative purchasing program organized in accordance with the Local Public Contracts Law; and

WHEREAS, the Township is in need of acquiring two (2) NEW 2008 Ford Escape Hybrid vehicles for the Department of Administration, Code Enforcement and Environmental Affairs; and

WHEREAS, the Morris County Cooperative Pricing Council has awarded a contract for the purchase of 2008 Ford Escape Hybrid vehicles to Warnock Ford, 175 Route 10, East Hanover, New Jersey; and

WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “fair and open” process under the New Jersey Pay to Pay Law, N.J.S.A. 19:44A-20.5 et seq.; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township enter into an agreement with Warnock Ford for the purchase of two (2) 2008 Ford Escape Hybrid vehicles in accordance with the aforementioned contract and the specifications attached hereto, for an amount not to exceed $45,970.00 pending certification of funds by the Chief Financial Officer. The funds for this acquisition have been appropriated in the 2007 Capital Budget, Account Number C-04-07-041-000-200.

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

WHEREAS, on October 17, 2007 the Township of Montclair opened and read bids, as prescribed by law, for the repair and maintenance of Township police vehicles; and

WHEREAS, the Township received one bid for the specified services from Mac Automotive; and

WHEREAS, the bid specifications required that all bidders provide a bid bond in accordance with N.J.S.A. 40A:11-21, and no such bond was submitted by Mac Automotive; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the bid submitted by MacAutomotive for repair and maintenance of police vehicles for the Township of Montclair be and hereby is rejected.

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

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

WHEREAS, the Township of Montclair, is a party to a cooperative purchasing agreement with the Morris County Cooperative Pricing System, a cooperative purchasing program organized in accordance with the Local Public Contracts Law, N.J.S.A.40A:11-10; and

WHEREAS, the Township of Montclair intends to enter into a contract with International Salt Company through this resolution and properly executed contracts which shall be subject to all conditions applicable to the joint purchasing agreement with the Morris County Cooperative Pricing System; and

WHEREAS, the Morris County Cooperative Pricing System has awarded a contract to International Salt Company for the acquisition of rock salt; and

WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “fair and open process” under the New Jersey Pay-to-Play Law, N.J.S.A.19:44A-20.5 et seq.; 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 enter into an agreement with International Salt Company for the acquisition of 3700 tons of rock salt at a cost of $48.78 per ton, subject to certification of available funds by the Chief Financial Officer. The funds for this acquisition have been appropriated in the 2007 Operating Budget.

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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 Council has adopted Ordinance No 07-47 amending Section 327-18 of the Township Code to prohibit parking on a portion of the westerly side of Lloyd Road during certain hours; 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 there is an emergent need to enact revised parking regulations on Lloyd Road to provide increased safety for vehicles and pedestrians; 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. 07-47, adopted November 12, 2007, shall take effect immediately.

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

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-10 authorizes municipalities to acquire goods and services through a duly formed cooperative purchasing system without advertising for bids; and

WHEREAS, the Township of Montclair is a party to a cooperative purchasing agreement with the Cranford Police Department Cooperative Pricing System, a cooperative purchasing program organized in accordance with the Local Public Contracts Law; and

WHEREAS, the Township is in need of acquiring six (6) new 2008 Dodge Charger police vehicles for use by the Police Department; and

WHEREAS, the Cranford Police Department Cooperative Pricing System has awarded a contract to Warnock Automotive Inc., 175 Route 10, East Hanover, N.J. 07936 for the acquisition of Dodge Charger police vehicles; and

WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “fair and open” 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, in the County of Essex, that the Township enter into an lease agreement with Warnock Automotive, Inc. for the acquisition of five (5) marked black and white 2008 Dodge Charger police vehicles and one (1) unmarked black 2008 Dodge Charger police vehicle in accordance with the aforementioned contract and the specifications attached hereto, for an amount not to exceed $69,879.34 pending certification of funds by the Chief Financial Officer. The funds for the first two annual lease payments have been appropriated in the 2007 Operating Budget, Account Number 7-01-25-240-240-290.

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

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-10 authorizes municipalities to acquire goods and services through a duly formed cooperative purchasing system without advertising for bids; and

WHEREAS, the Township of Montclair is a party to a cooperative purchasing agreement with the Cranford Police Department Cooperative Pricing System, a cooperative purchasing program organized in accordance with the Local Public Contracts Law; and

WHEREAS, the Township is in need of acquiring one (1) new 2008 Ford Explorer police vehicle for use by the Police Department; and

WHEREAS, the Cranford Police Department Cooperative Pricing System has awarded a contract to Warnock Automotive, Inc., 175 Route 10, East Hanover, N.J. 07936 for the acquisition of Ford Explorer police vehicles; and

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WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “fair and open” 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, in the County of Essex, that the Township enter into an agreement with Warnock Automotive Inc., for the purchase of one (1) 2008 Ford Explorer police vehicle in accordance with the aforementioned contract and the specifications attached hereto, for an amount not to exceed $22,846.00 pending certification of funds by the Chief Financial Officer. The funds for this acquisition have been appropriated in the 2004 Capital Budget, Account Number C-04-04-045-000-464. 

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

WHEREAS, Carrell Jenious owns the land and premises commonly known as 16 Nishuane Road, Block 1916, Lot 45, on the tax maps of the Township of Montclair; and

WHEREAS, Carrell Jenious has been certified by the Veterans Administration as an honorably discharged veteran with a service-connected disability evaluated at 100%; and

WHEREAS, the subject property is a one-family residence that the said Carrell Jenious and his family occupy entirely as their principal residence; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that pursuant to the provision of N.J.S.A. 54:4-3.30 et seq that the said Carrell Jenious be exempt from his 2007 taxes for the aforesaid property effective September 28, 2007 in the amount of $2,188.95, and for as long as he owns and resides at said property and continues to have 100% disability; and

BE IT FURTHER RESOLVED that the Tax Collector of the Township of Montclair be and she is hereby authorized to cancel a total of $2,188.95 taxes for 2007.

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

WHEREAS, the Municipal Chief Financial Officer has recommended certain transfer of funds from appropriations made in the budget to cover anticipated expenditures in accordance with the provisions of N.J.S.A. 40A:4-58; and 

WHEREAS, N.J.S.A. 40A:4-58 provides for transfers from appropriations with an excess over and above the amount necessary to fulfill the purpose for such appropriations, to those appropriations deemed to be insufficient; and

WHEREAS, the Governing Body has determined that there is an excess in appropriations over and above the amount necessary to fulfill certain appropriations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair (not less then two-thirds of the full membership voting affirmative), that transfers be made between 2007 budget appropriations set forth opposite its designation:

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

WHEREAS, the Township of Montclair previously retained the firm of O’Donnell, McCord and DeMarzo, PC to provide legal services for the Township through December 31, 2006 in connection with real estate tax appeals filed with the Essex County Board of Taxation and the New Jersey Tax Court; and

WHEREAS, in light of the Township’s continuing need for experienced legal counsel, O’Donnell, McCord and DeMarzo, PC continued to provide legal services to the Township through April 17, 2007, pending the Township’s solicitation of proposals and the hiring of legal counsel to represent the Township in connection with the high volume of appeals resulting from the 2007 tax revaluation; and

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-5, authorizes the Township to enter into contracts for professional services without competitive bidding; and

WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A.19:44A-20.5 et seq. applicable to non-fair and open contracts; and

WHEREAS, O’Donnell, McCord and DeMarzo, PC has completed and submitted a Business Entity Disclosure Certification certifying that it has not made any reportable contributions to any political or candidate committee in the Township of Montclair in the previous one year period, and the subject contract will prohibit said corporation from making any reportable contributions during the term of this contract; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor and Township Clerk be and they are hereby authorized to execute and attest the attached contract for legal services for Special Tax Counsel between the Township and O’Donnell, McCord and DeMarzo, PC for the period from January 1, 2007 through April 17, 2007.

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

WHEREAS, there exists a need for the Township of Montclair to engage the services of experienced legal counsel to represent the Township in defending the substantial number of real estate tax appeals filed with the Essex County Board of Taxation and the New Jersey Tax Court as a result of the Township’s 2007 tax revaluation; and

WHEREAS, the Township solicited and received proposals from various attorneys and law firms with expertise and experience in real estate taxation and the representation of municipalities in real estate tax appeals; and

WHEREAS, upon reviewing the proposals submitted, the Township Attorney determined that the proposal submitted by Nowell, Amoroso, Klein, Bireman, P.A. was the most advantageous to the Township, in terms of cost, qualifications and other factors considered, and he has recommended that the Township enter into a professional services agreement with said firm; and

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-5, authorizes the Township to enter into contracts for professional services without competitive bidding; and

WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A.19:44A-20.5 et seq. applicable to non-fair and open contracts; and

WHEREAS, Nowell, Amoroso, Klein, Bierman , P.A. has completed and submitted a Business Entity Disclosure Certification certifying that it has not made any reportable contributions to any political or candidate

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committee in the Township of Montclair in the previous one year period, and the subject contract will prohibit said corporation from making any reportable contributions during the term of this contract; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor and Township Clerk be and they are hereby authorized to execute and attest the attached Contract for Legal Services for Special Tax Counsel between the Township and Nowell, Amoroso, Klein, Bierman, P.A. for the period from May 1, 2007 through April 30, 2008.

BE IT FURTHER RESOLVED that notice shall be published in the Montclair Times stating the nature, duration, service and amount of the attached agreement and that copies of this resolution and the agreement are on file and available for inspection in the office of the Township Clerk.

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

WHEREAS, the 2006 Master Plan Reexamination Report, adopted by the Planning Board on April 17, 2006 identified various goals and objectives related to “the Arts,” including goals to “promote Montclair as an arts community,” to “recognize that the arts are integral to healthy community development and economic progress,” to make the Township “a destination point for the arts and entertainment venues” and to “emphasize the link between the promotion of the arts with the economic vitality of the community”; and

WHEREAS, there is a current shortage of suitable space for arts activities—display, performance, rehearsal, workshop, studio—which impedes the achievement of the goals articulated in the Master Plan, as evidenced by the recent relocation of a popular theater company for lack of a performance venue; and

WHEREAS, other municipalities have successfully promoted the use of shared commercial and arts spaces as part of new commercial development, recognizing that the commercial component subsidizes the art space and the art component enhances the business location and provides aesthetic and other benefits to the community; and

WHEREAS, developers of proposed commercial projects in the Township often seek variances and other relief from the requirements of the Zoning Ordinance in applications filed with the Township Planning Board or Zoning Board of Adjustment; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Council hereby endorses and pledges its support for the arts-related goals and objectives identified in the 2006 Master Plan Reexamination Report; and

BE IT FURTHER RESOLVED that the creation and maintenance of suitable space for arts and cultural activities continues to be a high priority for the Township; and

BE IT FURTHER RESOLVED that the Council hereby encourages the Planning Board and Board of Adjustment to be mindful of opportunities for arts-suitable space in connection with any proposed commercial development in the Township and to promote, wherever possible and in accordance with applicable legal requirements, the arts-related goals and objectives of the Master Plan Reexamination Report, and all other goals enumerated in said report.

* * * 

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

WHEREAS, the Township of Montclair is in need of acquiring a license for proprietary computer software specially designed for the collection, management and analysis of data by municipalities and other local governmental units; and

WHEREAS, the Township has agreed to acquire a license for the aforementioned computer software from Spatial Data Logic, Inc. at a cost of $25,265.00 which is below the Township’s bid threshold but above the $17,500.00 threshold established by the New Jersey Pay-to-Play Law, N.J.S.A.19:44A-20.5 et seq.,; and

WHEREAS, Spatial Data Logic, Inc. has complied with the requirements of the Pay-to-Play Law and submitted a Business Entity Disclosure Certification certifying that it has not made any reportable contributions to any political or candidate committee in the Township of Montclair in the previous one year period, and the subject contract will prohibit said corporation from making any reportable contributions during the term of this contract; and

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WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A.19:44A-20.5 et seq. applicable to non-fair and open contracts; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Manager be and he is hereby authorized to execute a license agreement with spatial Data Logic, Inc. for computer software at a total cost of $25,265.00 in a form approved by the Manager and the Township Attorney and pending certification of funds by the Chief Financial Officer. 

* * * 

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

WHEREAS, on October 31, 2007, the Township of Montclair opened and read bids for

Annual Contract for Video Inspection & Reconstruction/CIPP of Sanitary & Storm Sewers , 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, en-tech corp.of Closter, NJ submitted the lowest responsible bid, according to the specifications, of:

and

WHEREAS, the above-stated unit prices are to remain firm prices for one year effective this date of contract award; with the Township reserving the option to extend the contract for an additional one (1) year term, effective by resolution of the Township Council; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that EN-TECH CORP. be and they are hereby awarded the above-stated contract. This award is subject to appropriations in the 2005, 2006 & 2007 capital budget. Details of the contract are attached hereto and made a part hereof.

* * * 

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

WHEREAS, on October 31, 2007, the Township of Montclair opened and read bids for Annual Contract for Sidewalk & Walkway Construction (Various Locations) , as prescribed by law; and

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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, Cretan Concrete Co. of Highland Park, New Jersey submitted the lowest responsible bid, according to the specifications, of:

and

WHEREAS, the above-stated unit prices are to remain firm prices for one year effective this date of contract award; with the Township reserving the option to extend the contract for an additional one (1) year term, effective by resolution of the Township Council; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Cretan Concrete Co. be and they are hereby awarded the above-stated contract. This award is subject to appropriations in the 2007 capital budget. Details of the contract are attached hereto and made a part hereof.

* * * 

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

WHEREAS, on October 31, 2007 , the Township of Montclair opened and read bids for Annual Contract for Sidewalk & Walkway Construction (Various Locations) , 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, John Garcia Construction Co. of Clifton, NJ submitted the lowest responsible bid, according to the specifications, of:

and

WHEREAS, the above-stated unit prices are to remain firm prices for one year effective this date of contract award; with the Township reserving the option to extend the contract for an additional one (1) year term, effective by resolution of the Township Council; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that JOHN GARCIA CONSTRUCTION CO. be and they are hereby awarded the above-stated contract. This award is subject to appropriations in the 2005, 2006 &2007 capital budget. Details of the contract are attached hereto and made a part hereof.

* * *

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that said bills be and they are hereby ordered paid and that warrants be drawn on the Treasurer to the order of such persons for the amount respectively as hereinafter stated to wit: $1,215,836.39.

* * * 

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: Monthly report for the month of October 2007:

 Township Clerk $21,552.11

One petition from the residents of Waterbury Road regarding the deplorable conditions of the curbs and street.

2007 Certification of the Table of Equalized Valuations

2008 Certification of the Table of Equalized Valuations 

* * * 

Councilor Lang attended the recent dedication of public art at the Bay Street Station.

She also attended the Veterans’ Day Service at Edgemont Park. Councilor Lang recently met with members of the Crawford Crews American Legion Post who are concerned with the proposed new school development in the area.

Councilor Freier recognized Montclair homeowners for maintaining their homes which contributes to creating our beautiful Township.

Councilor Mattox also attended the Veterans’ Day Service.

Mayor Remsen represented Montclair at a recent meeting of the N.J. Regional Coalition an “affordable housing” advocacy group. At that meeting Mayor Remsen received the “Mayor of the Year” award.

He announced several initiatives which the Council hopes to advance:

· Demolition delay ordinance

· MCIA underage drinking ordinance

· Proliferation of pods

· Tree preservation ordinance

 -214-

Deputy Mayor Michaelson noted the passing of Roberta Steiner, founder of COPE Center and a community volunteer. She thanked all the polling place workers and the Municipal Clerk’s office for a “smooth” General Election process.

Councilors Schlager and Tobin met with individuals in the area of Anderson Park interested in creating a neighborhood watch group. She also attended the 71^st Thurgood Marshall dinner.

Councilor Tobin also was involved in the Veterans’ Day event and acknowledged the increasing size of the audience. He announced that the Planning Board will review the renovation plans for the Upper Montclair Train Station at their December meeting.

Municipal Clerk Linda Wanat also noted the death of Roberta Steiner, friend and dedicated community worker. She announced that the State of New Jersey will fund a number of municipal expenses associated with the upcoming Presidential Primary in February.

* * * 

 PUBLIC COMMENT 

 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. Nancy Tumposky, 8 Gray Street, expressed her annoyance at the distribution of advertising materials (in plastic sleeves) on residential properties. She asked the Council for a solution to this problem.

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

* * * 

At 9:25 P.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned

by unanimous vote.  

 ___________________________________________

EDWARD REMSEN MAYOR

ATTEST:

________________________________________

LINDA S. WANATMUNICIPAL CLERK