MONTCLAIR, NEW JERSEY November 27, 2007

The Council of the Township of Montclair, in the County of Essex, met in the Conference Room in the Municipal Building, 205 Claremont Avenue, for a pre-meeting conference at 7:02 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox and Schlager.
Absent: Councilor Tobin

STATEMENT OF SUNSHINE NOTICE

Mayor Remsen reported that Councilor Tobin had stepped down from the Planning Board. He appointed Councilor Lang to serve in Councilor Tobin’s seat on the Planning Board for the remainder of the Council’s current term.

The Council discussed the agenda for the Conference Meeting of December 18, 2007. Presentations by the Montclair Early Childhood Center, the Department of Community Services and, possibly, the Montclair Police Department will be heard at that time.

* * *

FIRST NIGHT:

GUESTS: Pat Brechka, Director of Recreation and Cultural Affairs and Eileen Sheehan, Senior Activities Coordinator.

Ms. Brechka and Ms. Sheehan provided an update on the 2007 First Night Special Event. The evening’s program will include the “Fab Faux” and “Cirque Le Masque” for which a special charge will be imposed. The total projected income will range from $30,183 to $79,908 depending on ticket sales for the two major performances. The First Night website will be up shortly.

* * *

BRUNSWICK ROAD PARKING:

Deputy Mayor Michaelson provided background on this matter. Township Attorney Trembulak stated that he is preparing an ordinance to address two hour parking on both sides of Brunswick Road, Monday through Friday. He also suggested that the Council repeal a current Township ordinance which addresses narrow streets within the municipality because it does not meet current needs.

* * *

PUBLIC COMMENT

Mr. Cary Africk, 2 Erwin Park Road, asked the Council how best to obtain copies of Board of Education resolutions prior to their meetings so that the public may have ample time to review. Mayor Remsen will investigate.

* * *

At 7:59 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 and Schlager.
Absent: Councilor Tobin

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

MAYOR’S REPORT

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DEDICATION OF THE SISTER CITY DISPLAY CABINET

Mayor Remsen recognized Dr. Winfield Parsons and students in the Department of Industrial Arts and Design at Montclair State University for the design and execution of a special display cabinet to house memorabilia collected during various Sister City exchanges. Thanks also went to the leaders of our Sister Cities in Barnet, England; Graz, Austria and Cherepovets, Russia. They are Ms. Amy Hatrack and Ms. Juliana Belcsak and their committees for their spirit of volunteerism.

Mayor Remsen also welcomed Stephen Payne and Nick Smith, from the Friends of Montclair in Barnet, England, guests of Carla Horowitz, member, Friends of Barnet.

* * *
 COMMUNITY DEVELOPMENT BLOCK GRANT HEARING

Ms. Karen Kadus, Director of Planning and Community Development, introduced the following individuals whose organizations are requesting $10,000.00 or more in CDBG funding.

Ms. Kimberli Craft, Township Engineer
 
PROJECT: Improvements to a section of Pine Street between Bloomfield Avenue and Glenridge Avenue.

FINAL COST: $335,695 after the balance of a grant has been applied.

* * *

Ms. Beverly Riddick, Director of HOMECORP
 
PROJECT: Acquire and rehabilitate 80 Maple Avenue in order to relocate HOMECORP offices and develop additional low and moderate income housing (seven units total).

COST: $200,000.

* * *

Ms. Sue Garfinkel, Director, COPE CENTER, Mr. Peter Rooney, President, Board of Trustees, Mr. John Finney and Mr. Roger Nelson, Board of Trustees.
 
PROJECT: Counseling Services for 400 low/low to moderate income clients.

COST: $50,500.00

* * *

Mr. Al Pelham, Director, Montclair Neighborhood Council.
 
PROJECT: Project Oasis, a six week summer skills program.
 
 COST: $22,500.00

PROJECT: Community Adult School

COST: $31,500.00

* * *

Ms. Sara Wollman, Family Service League

PROJECT: Counseling program for Montclair residents (150) at a sliding scale fee.

COST: $18,750.00

PROJECT: Timed exterior lighting of parking area for the perimeter of the building.

COST: $6,600.00

PROJECT: Continuation of hedges and new signage

COST: $17,600.00

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

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On motion made by Mayor Remsen and duly seconded, the minutes of October 23, 2007 were approved by unanimous vote.

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 ORDINANCES-SECOND READING/ADOPTION

The pending ordinance entitled: “ORDINANCE DESIGNATING PROPERTY COMMONLY 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) passed first reading November 12, 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.

Mr. Cal Trevenen, representing the Montclair Historical Society, reported this group’s recommendation for historic designation of the Howe House, but not the site on which it stands. He noted that, under the current Township ordinance, the owner of a property designated as “historic” has the right to demolish same. He proffered several alternatives for Council consideration.

1. Delay action on the ordinance.
 2. Designate the house but not the property.

Ms. Mindy Burg, 180 Midland Avenue, member of the Montclair Historical Society, Board of Trustees, offered that this institution has budgeted for the acquisition of the Howe House and removal to the Historic Society’s compound located at 108 Orange Road.

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

The Council will continue the pubic hearing on this ordinance on December 11, 2007.

The Council will also consider amending the ordinance.

* * *

The pending ordinance entitled: “ ORDINANCE REAPPROPRIATING $75,000.00 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) 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.
 
 * * *
 
 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 December 18, 2007.

“ORDINANCE AMENDING THE 2007 POLICE CHIEF & DEPUTY CHIEF SALARY ORDINANCE.” (07-55).

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 December 18, 2007.

“ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 347 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR (“THE SIGN ORDINANCE”) TO CONDITIONALLY PERMIT BANNERS AND PROJECTING SIGNS IN THE C-1 AND C-2 ZONING DISTRICTS” (07-56).

The motion was adopted by unanimous vote.

* * *

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

WHEREAS, the Montclair Fire Department is in need of purchasing voice amplifiers to improve firefighters’ ability to communicate with each other when using self-contained breathing apparatus equipment; and

WHEREAS, the Township has received a proposal from Murphy Fire and Safety to provide the aforesaid voice amplifiers for the sum of $30,593.20 pursuant to an approved New Jersey State Contract (No. A64813); and

WHEREAS, the voice amplifiers will be purchased with funds received by the Township through a “Federal Assistance to Firefighters” Grant; and

WHEREAS, pursuant to N.J.S.A.40A:11-12a and N.J.A.C.5:34-7.29©, a municipality may, by resolution and without advertising for bids, purchase goods or services under the New Jersey Cooperative Purchasing Program for any state contracts entered into on behalf of the state by the Division of Purchase and Property in the Department of the Treasury; 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 Murphy Fire and Safety pursuant to State Contract No. A64813 for the purchase and acquisition of voice amplifiers for the sum of $30,598.20, pending certification of funds by the Chief Financial Officer. Details of this purchase are attached hereto and made a part hereof.

* * *

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

WHEREAS, the 2006 Annual Audit of the Township of Montclair, conducted by Samuel Klein & Company, contained certain recommendations requiring action; and

WHEREAS, these recommendations have been reviewed by the Township’s Chief Financial Officer; and

WHEREAS, the Chief Financial Officer, in accordance with the requirements promulgated by the New Jersey Division of Local Government Services, has developed a plan to address the recommendations listed by the auditor,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Montclair, County of Essex, State of New Jersey, that the Corrective Action Plan for the 2006 Annual Audit, hereto attached, is hereby approved and accepted; and

BE IT FURTHER RESOLVED, that the Municipal Clerk is hereby directed to transmit a certified copy of this resolution and its attachments to the New Jersey Division of Local Government Services.

* * *

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

WHEREAS, the Township of Montclair annually engages musicians, artists and other performers to provide entertainment for the Township’s annual “First Night” celebration on New Year’s Eve; and

WHEREAS, the Township wishes to enter into an agreement with “The Fab Faux” to provide musical entertainment as part of the 2008 “First Night Montclair” celebration; 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 the statute provides that “professional services” include “services that are original and creative in character in a recognized field of artistic endeavor”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; and

WHEREAS, “The Fab Faux” 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 for the sum of $30,000 with “The Fab Faux” in the form attached hereto and made a part hereof, pending certification of available funds by the Chief Financial Officer; and

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

WHEREAS, the Township of Montclair annually engages musicians, artists and other performers to provide entertainment for the Township’s “First Night” celebration on New Year’s Eve; and

WHEREAS, the Township wishes to enter into an agreement with Cirque Le Masque Inc. to provide a “cirque theatre” performance as part of the 2008 “First Night Montclair” celebration; 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 the statute provides that “professional services” include “services that are original and creative in character in a recognized field of artistic endeavor;” 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, Cirque Le Masque 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 for the sum of $30,000 with Cirque Le Masque Inc. in the form attached hereto and made a part hereof, pending certification of available funds by the Chief Financial Officer; and

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

WHEREAS, on November 14, 2007 the Township of Montclair opened and read bids for Repair and Maintenance Services for the Township of Montclair Police Department Vehicles, as prescribed by law; and

WHEREAS, two (2) companies bid on the varying items included in the bid specifications for Repair and Maintenance Services for the Township of Montclair Police Department Vehicles; and

WHEREAS, all the prices are firm for a two (2) year period; and

 WHEREAS, MAC AUTOMOTIVE SERVICE, INC. and PIT STOP EXPRESS LUBE, INC. each submitted the lowest responsible bid for separate varying items. Both bidders are being awarded this contract because police emergency vehicles operate 24 hours per day, 7 days per week and it is essential that they be serviced on a priority basis to insure minimum time out of service. In all instances the lower bidder for the services to be rendered will be contacted first, however if unavailable to perform the service within the required time period the second lower bidder will be contacted to perform the service as an alternate; now therefore

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BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that MAC AUTOMOTIVE SERVICE, INC. and PIT STOP EXPRESS LUBE, INC. be and are hereby awarded the contract for Repair and Maintenance Services for the Township of Montclair Police Department Vehicles. The monies for these purchases will be appropriated as needed in the police department’s operating budget. A summary of the bid results are attached hereto and made a part hereof.

* * *

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

WHEREAS, the Township of Montclair has performed environmental remediation activities related to a leaking underground storage tank located on Township property commonly known as 219 North Fullerton Avenue (the Department of Community Services/Public Works yard); and

WHEREAS, a small amount of contaminated soil remains in the vicinity of the abandoned underground storage tank which cannot be removed due to physical constraints; and

WHEREAS, in view of the foregoing, the New Jersey Department of Environmental Protection (NJDEP) requires that the Township execute and record a Deed Notice pursuant to NJDEP Technical Regulations, N.J.A.C.7:25E-8, in order to allow the contaminated soil to remain in place; 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 a Deed Notice for the property commonly known as 219 North Fullerton Avenue, in the form attached hereto and made a part hereof.

* * *

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

WHEREAS, the Township of Montclair is in need of architectural and design services in connection with the planning and budgeting of proposed renovations to a portion of the third floor of Public Safety Building located at 647 Bloomfield Avenue; and

WHEREAS, the Township of Montclair has decided to retain Thomas J. Mesuk, AIA, for the required architectural services; 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, Thomas J. Mesuk, AIA, has completed and submitted a Business Entity Disclosure Certification certifying that he 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 individual 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, 6hat the Mayor and Township Clerk be and they are hereby authorized to execute and attest a contract between the Township and Thomas J. Mesuk, AIA, for architectural services related to the proposed renovation of a portion of the third floor of the Public Safety Building, at a cost not to exceed $7,500.00, pending certification of available funds by the Chief Financial Officer and approval of the contract by the Township Attorney.

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 the Resolution and agreement are on file and available for inspection in the office of the Township Clerk.

* * *

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

 WHEREAS, on November 20, 2007, the Township of Montclair opened and read bid for the purchase of One (1) Used Pierce 4 Door Lance 1500/750 Fire Engine truck for the Montclair Fire Department as specified and as prescribed by law; and

WHEREAS, the Township received a sole bid from Command Fire Apparatus; and

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WHEREAS, Command Fire Apparatus, Lancaster, PA submitted the bid according to the specifications, at a total price of $50,000.00; now therefore

 BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that Command Fire Apparatus be and is hereby awarded a contract for the purchase of above-stated vehicle, pending certification of available funds by the Chief Financial Officer.

* * *
 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 development fees 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 residential buildings; and

WHEREAS, Section 202-40 of the Code provides that assessed value should be determined by the Tax Assessor upon completion of the development project; and

WHEREAS, Marlboro Park Partners LLC, the developer of single-family homes located on Christopher Court, namely, 1 Christopher Court, 3 Christopher Court, 4 Christopher Court, 5 Christopher Court, 6 Christopher Court, 7 Christopher Court, 8 Christopher Court, 9 Christopher Court and 10 Christopher Court (the “Properties”), paid development fees to the Montclair Housing Trust Fund totaling $116,610.00 based on the value of the Properties as determined by Appraisal systems, Inc. as part of the Township’s recently-completed tax revaluation; and

WHEREAS, Marlboro Park Partners, LLC filed tax appeals to the Essex County Board of Taxation which resulted in a reduction of the assessed valuation for each of the properties as set forth on the Schedule attached hereto and confirmed by the Tax Assessor; and

WHEREAS, the development fees for these properties should have been paid on the basis of the reduced assessments confirmed by the Essex County Board of Taxation, which represent an accurate assessment of the fair market value of the Properties; and

WHEREAS, in view of the above, the developer should properly have paid development fees totaling $89,199.00, rather than the sum of $116,610.00 actually paid to the Housing Trust Fund, as set forth on the attached Schedule; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Finance Department be and is hereby authorized to issue a check to Marlboro Park Partners, LLC in the amount of $27,411.00 representing a refund of the excess development fees paid to the Montclair Housing Trust Fund for the above-listed properties.

* * *

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

WHEREAS, the stated goals of the New Jersey State Development and Redevelopment Plan, adopted March 1, 2001, include (a) revitalizing the State’s cities and towns, (b) promoting beneficial economic growth, development and renewal for all New Jersey residents, and (c) providing adequate public facilities and services at a reasonable cost; and

WHEREAS, the current property tax system in the State of New Jersey, which places a large burden on local property taxpayers to fund a wide range of expensive services, is a system that promotes inequality, instability and sprawl endangering the State’s built-out communities; and

WHEREAS, the outwardly investing development trends in the State have resulted in high costs and shrinking revenues for older communities as evidenced by the fact that the 1st Suburbs true tax rate as a percentage of property value was 31% higher on average than the rest of the state in the year 2006 based on a study conducted by Plan Smart NJ for Fund for an OPEN Society and the 1st Suburbs Network; and

WHEREAS, the State legislature and the Governor’s Office have failed to address the most significant component of property tax bills, namely school funding, despite the fact that one Special Legislative Session committee focused on that issue; and

WHEREAS, the Township of Montclair recognizes that New Jersey’s current property tax system is threatening the sustainability of its residents and school children, and is contrary to the goals set forth in the State Development and Redevelopment Plan; now therefore

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BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that for the reasons set forth above, the Township identifies itself as a member of the “1st Suburbs Network” and supports the Network’s efforts to work with the Governor and the State Legislature to achieve true and meaningful tax reform which addresses the needs of the 1st Suburbs; and

BE IT FURTHER RESOLVED that the Township requests that the Governor and the State Legislature pursue tax reform measures so that the 1st Suburbs no longer bear a disproportionately large fiscal burden to provide services, including public education, to their residents; and

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to State Senator Nia H. Gill and Assembly representatives Thomas P. Giblin and Sheila Y. Oliver, all appropriate Senate and Assembly subcommittees, the New Jersey State League of Municipalities and the Office of the Governor.

* * *

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:

CURRENT FUND

From:
 Accounting and Treasury – Salaries and Wages $5,000.00

To:
 Police – Other Expenses $5,000.00

* * *

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

WHEREAS, an emergency has arisen with respect to electricity and telephone utility costs and no adequate provision was made in the 2007 budget for the aforesaid purposes, and

WHEREAS, N.J.S. 40A:4-46 provides for the creation of an emergency appropriation for the purposes above mentioned, and

WHEREAS, the total amount of emergency appropriations created, including the appropriation to be created by this resolution is $255,000.00 and three percent of the total operating appropriations in the budget for 2007 is $1,727,484.51, and

WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three percent of the total operating appropriations in the budget for 2007,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair, County of Essex, State of New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48 that:

1. An emergency appropriation is here by made for Utilities – Electricity and Utilities – Telephone in the amount of $190,000.00 and $65,000.00, respectively.

2. That said emergency appropriation shall be provided in full in the 2008 budget, and is requested to be excluded from CAPS, pursuant to NJS 40A:4-53.3c(1)

3. That two certified copies of this resolution be filed with the Director of the Division of Local Government Services.

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

WHEREAS, N.J.S 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for
equal amount,

 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Councilof the Township of Montclair in the County of Essex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $14,368.50, which is now available from the New Jersey Division of Highway Traffic Safety in the amount of $14,368.50.

BE IT FURTHER RESOLVED, that the like sum of $14,368.50 is hereby appropriated under the caption Drunk Driving Enforcement Fund; and

BE IT FURTHER RESOLVED that the above is the result of funds from the Drunk Driving Enforcement Fund FY 2007 Grant Program in the amount of $14,368.50.

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that said bills be and they are hereby ordered paid and that warrants be drawn on the Treasurer to the order of such persons for the amount respectively as hereinafter stated to wit: $561,434.97.

* * *

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: Collective Bargaining Agreement between Township of Montclair , Essex County, and the Communications Workers of America, AFL-CIO, Local 1040 Non-Supervisory Bargaining Unit dated January 1, 2006 through December 31, 2009.

Collective Bargaining Agreement between Township of Montclair, Essex County, and the Communications Workers of America, AFL-CIO, Local 1040, Supervisory Bargaining Unit dated January 1, 2006 through December 31, 2009.

One fully executed copy of a contract between O’Donnell, McCord & DeMarzo, P. C. and the Township for legal services performed as Special Tax Counsel from January 1, 2007 through April 17, 2007.

One fully executed copy of a contract between Nowell Amoroso Klein Bierman, P.A., and the Township for legal services performed as Special Tax Counsel from May 1, 2007 through April 30, 2008.

Letter from Steven Mulhstock, Gittleman, Muhlstock & Chewcaskie, L.L.P., Fort Lee, N.J. representing the owner of 369 Claremont Avenue, referred to as The James Howe House, stating their objection to the property being designated as a historical landmark.

Mayor Remsen thanked and mentioned all the various sponsors who so generously contributed to the First Night Event. He also congratulated Immaculate Conception Church on their 150th anniversary and regretted he will be out of town and unable to attend the dinner.

Mayor Remsen noted that he will continue to make appointments to various boards, committees and commissions. He appointed Councilor Lang to fill Councilor Tobin’s seat on the Planning Board until the end of this Council’s term.

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Deputy Mayor Michaelson reminded all of the Township Christmas activities taking place this week, including the tree lighting on Friday, November 30th and visits with Santa in various business locations on Saturday, December 1.

She announced the opening of “Passports to Remembrance: A Few of My Favorite Things” at the Montclair Public Library. This exhibition focuses on the history of seniors through photographs and storytelling.

Deputy Mayor Michaelson recently attended a presentation highlighting Montclair artist Don Miller. She urged all to view Channel 34s presentation: “Montclair Is Home for the Holidays”, airing on Monday, Wednesday, Friday at 9 a.m., 2 p.m. and 9:00 p.m.

Councilor Schlager announced that the Montclair High School football team will be playing in the finals at Giants Stadium this weekend.

Township Manager Joseph Hartnett announced that he will hold departmental budget hearings on Wednesday, November 28th and Thursday, November 29th.

Mr. Hartnett also announced that Councilor Schlager will lead a steering committee for Edgemont Park fully accessible playground.
 
 * * *

PUBLIC COMMENT

Mr. William Scott, 23 Cedar Avenue, asked when the Township will be collecting leaves on Essex County roadways. Mr. Hartnett indicated that the information will be posted on the website.
 
 * * *

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