Montclair Township! - Council Minutes 12-31-07

How to...

• Find a Township Ordinance

• Submit an OPRA Request

• Pay a Parking Ticket

• Buy a Parking Permit

• Report a street light is out

Departments

Health & Human Services

Recreation & Cultural Affairs

Planning, Building & Zoning

Safety & Code Enforcement

More...

Township Government

Mayor Jerry Fried

Deputy Mayor Roger S. Terry

Councilor-At-Large Kathryn Weller

First Ward Councilor Rich Murnick

Second Ward Councilor Cary Africk

Third Ward Councilor Nick Lewis

Fourth Ward Councilor Renée E. Baskerville, M.D.

Meeting Minutes

Meeting Agendas/Schedules

Montclair NOW Newsfeeds

Council Minutes 12-31-07

-251-

MONTCLAIR, NEW JERSEY
December 31, 2007

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 8:30 A.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Lang, Mattox and Tobin.
Absent: Councilors Freier and Schlager

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

NEW BUSINESS

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

WHEREAS, there exist various outstanding checks on the books of the Township’s Claims Fund for the calendar year 2006 and prior; and

WHEREAS, the Township’s auditors have recommended that disposition should be made of these outstanding checks; and

WHEREAS, the various outstanding checks have been investigated and it has been determined that these checks should be cancelled; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the list of outstanding checks annexed hereto in the amount of $4,148.80 be and are hereby cancelled.

* * *

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

WHEREAS, the Tax Collector of the Township of Montclair on December 20, 2007 filed with the Chief Financial Officer a listing of small tax balances on accounts for real estate taxes from 2006 and 2007 which she believes are neither collectible nor refundable for reason of the small amounts involved ($10.00 or less) and a request to cancel outstanding credit balances which have gone unclaimed for a period of more than (3) three years; and

WHEREAS, the Council of the Township of Montclair has examined the listing and is satisfied that the small tax balances so listed are neither collectible nor refundable and that all credit balances that have gone unclaimed for (3) three years or more can be canceled; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the said real estate taxes as set forth in the list of the Tax Collector, copy of which is attached, aggregating the amounts of $9.08 (underpayments) and $87.19 (overpayments) for a net credit amount of $78.11 be and are hereby canceled and the Tax Collector of the Township of Montclair is hereby released from the collection and refund thereof. In addition, the Tax Collector is further authorized to cancel any other outstanding credit balance having gone unclaimed for a period of more than (3) years.

* * *

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

WHEREAS, the Local School District Tax for the year July 1, 2007 to June 30, 2008 was raised in the 2007 Tax Levy in the sum of $88,163,461.00; and

WHEREAS, the statutes permit the deferral of the cash liability of such School Tax up to 50% of the School Tax Levy equal to $44,081,730.50; now therefore

BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that the Deferred School Tax for the Local School District be increased from the sum of $42,111,221.50 which was deferred as of December 31, 2006 to the sum of $44,081,730.50; and

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed with the Director of the Division of Local Government Services.

* * *

-252-

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

WHEREAS, the Township of Montclair performs certain work, constructs various public improvements, and purchases various equipment and/or materials for the Township for public improvements and water improvements;

WHEREAS, the Township of Montclair, in order to provide such public improvements must fund the various items through general and water capital ordinances, and by the issuance of bonds and notes for the necessary funds; and

WHEREAS, upon completion of the various general and water improvements and/or purchases, all of the money provided for may not have been needed or spent in order to complete the purpose required in the original bond ordinance; and

WHEREAS, N.J. Law permits the cancellation of such original bond ordinance after completion and provides that any remaining moneys in such ordinance may be transferred to the General Capital and/or Water Utility Surplus Funds to be utilized in an appropriate fashion thereafter; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that certain such ordinances as listed below are hereby declared to be completed and canceled and all funds remaining shall be allocated to the General Capital and/or Water Capital Surplus Funds as provided and allowed by law and determined by the Chief Financial Officer.

DETAILS TO FOLLOW

Bond Ordinance Description Amount

* * *

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

WHEREAS, the Council of the Township of Montclair, in the County of Essex, has agreed to apply for a PARIS Grant in the amount of $50,000.00; and

WHEREAS, the Council of the Township of Montclair is acknowledging and accepting the responsibility of acting as applicant for this grant; and

WHEREAS, the State of New Jersey has made PARIS grants available to assist county and municipal governments in their records management, preservation and storage efforts; and

WHEREAS, the purpose of this grant is to implement a plan for records reorganization and conduct a records disposal project.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Montclair, that the Township of Montclair does hereby apply for a PARIS Grant for the purposes cited above.

* * *

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that EMILY G. ARONSON be and she hereby is APPOINTED to serve as a member of the Communications Advisory Committee effective immediately and terminating December 31, 2009.

* * *

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that KAREN SZCZEPANSKI and KATHLEEN BEGLEY be and they hereby are APPOINTED to serve as members of the HOUSING COMMISSION commencing immediately and terminating December 31, 2009.

* * *

-253-

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that ANTHONY BATSON be and he hereby is APPOINTED to serve on the Montclair Arts Council for a term effective immediately and terminating December 31, 2008.

* * *

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 Councilor Lang. “Nays” Councilors Mattox and Tobin.

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that FRANK HAIMBACH and SALLY ROSS be and they hereby are REAPPOINTED to serve as MEMBERS of the PLANNING BOARD effective immediately and terminating December 31, 2011

BE IT ALSO RESOLVED by the Council of the Township of Montclair, in the County of Essex, that PAUL RABINOVITCH be and he hereby is REAPPOINTED to serve as SECOND ALTERNATE to the PLANNING BOARD effective immediately and terminating December 31, 2009.

* * *

On motion made by Mayor Remsen and duly seconded, the following resolution was POSTPONED TO JANUARY 8, 2008 MEETING by the following vote: “Ayes” Mayor Remsen and Councilors Lang, Mattox and Tobin. “Nay” Deputy Mayor Michaelson.

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that DIANE SCOTLAND be and she hereby is APPOINTED to serve as FIRST ALTERNATE to the Historic Preservation Commission effective immediately and terminating December 31, 2009.

* * *

On motion made by Mayor Remsen 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 the Schedule A attached.

* * *

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that, pursuant to N.J.S.A. 40A:4-19, the following appropriations for Debt Service charges for the year 2008 be and the same hereby are made pending adoption of the 2008 Municipal Budget:

Municipal Debt Service

Township Bond Principal$2,995,000.00
Township Bond Interest$1,883,927.51
Township Note Interest$ 600,000.00
Green Acres Loan Program$ 54,912.72
Environmental Infrastructure Trust-Principal$ 37,157.66
Interest$ 19,156.26

-254-

Type 1 District School Debt Service

School Bond Principal$1,710,000.00
School Bond Interest$1,055,695.00
School Note Interest$1,100,000.00
School Facilities Loan Assistance Program Principal$ 41,515.23
School Facilities Loan Assistance Program Interest$ 622.72

Water Utility Debt Service

Water Bond Principal$ 320,000.00
Water Bond Interest$ 288,291.25
Water Note Interest$ 150,000.00
Environmental Trust Fund Principal$ 263,638.43
Environmental Trust Fund Interest$ 116,947.50

BE IT FURTHER RESOLVED that the foregoing appropriations at a minimum shall be provided for in full in the 2008 Budget.

* * *

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

WHEREAS, N.J.S.A. 40A:4-19 provides that where any contracts commitments or payments are to be made prior to the adoption of the 2008 Budget, temporary appropriations effective January 1, 2008 should be made for the purpose and amounts required in the manner and time therein provided; and

WHEREAS, the date of this resolution is prior to the first thirty days of 2008, and

WHEREAS, the total of such total appropriations shall not exceed twenty-five and eighty-eight per centum (25.88%) of the total 2007 Budget exclusive of any appropriations made for Debt Service, Capital Improvements and Public Assistance. The Appropriations shall not exceed the sum of $13,622,707.00 in the Current Fund, $1,159,971.00 in the Water Utility and $962,560.00 in the Sewer Utility; and

WHEREAS, the Chief Financial Officer has determined that the following appropriations be included in the Temporary Budget.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Township of Montclair, County of Essex, that the following 2008 temporary appropriations are hereby established and shall become effective as of January 1, 2008 and shall serve as the 2008 Temporary Budget until the 2008 Budget is introduced, which shall then serve as the Temporary Budget until such time as the year 2008 Official Budget is adopted:

CURRENT FUND APPROPRIATIONS

GENERAL GOVERNMENT
Mayor and Council:
	Salaries and Wages	$ 12,600.00
	Other Expenses	5,200.00

Township Manager
	Salaries and Wages	227,400.00
	Other Expenses	50,300.00

Township Clerk:
	Salaries and Wages	68,700.00
	Other Expenses	11,300.00

Election Expenses:
	Salaries and Wages	5,700.00
	Other Expenses	49,800.00
- 255-
Township Attorney:
	Salaries and Wages	50,900.00
	Other Expenses	50,800.00

Municipal Court:
	Salaries and Wages	127,400.00
	Other Expenses	24,500.00

Postage:
	Other Expenses	11,900.00


FINANCE DEPARTMENT
Financial Administration:
	Salaries and Wages	23,000.00
	Other Expenses	600.00

Accounting and Treasury:
	Salaries and Wages	71,900.00
	Other Expenses	4,400.00

Tax Assessor:
	Salaries and Wages	50,900.00
	Other Expenses	7,400.00

Tax Collection:
	Salaries and Wages	20,200.00
	Other Expenses	5,400.00

Auditing
	Other Expenses	14,400.00


PLANNING AND COMMUNITY DEVELOPMENT
Planning Administration:
	Salaries and Wages	79,700.00
	Other Expenses	13,300.00

Planning Board:
	Other Expenses	4,500.00

Board of Adjustment:
	Other Expenses	3,000.00


DEPARTMENT OF ADMIN & CODE ENFORCEMENT
Salaries and Wages		124,700.00
Other Expenses		2,500.00

	-256-
POLICE DEPARTMENT
Police Department:
	Salaries and Wages	2,950,400.00
	Other Expenses	184,200.00


FIRE DEPARTMENT
Fire Department:
	Salaries and Wages	2,160,000.00
	Other Expenses	95,100.00


COMMUNITY SERVICES DEPARTMENT
Community Services Administration:
	Salaries and Wages	63,200.00
	Other Expenses	3,300.00

Engineering:
	Salaries and Wages	19,900.00
	Other Expenses	1,900.00

Street Repair and Maintenance:
	Salaries and Wages	101,500.00
	Other Expenses	6,100.00

Refuse Collection and Disposal:
	Salaries and Wages	232,900.00
	Other Expenses	5,800.00


Storm Clearance
	Salaries and Wages	75,000.00
	Other Expenses	131,000.00

Traffic
	Salaries and Wages	31,900.00
	Other Expenses	3,000.00

Central Garage Operations (Shop):
	Salaries and Wages	60,300.00
	Other Expenses	62,000.00

Building Maintenance:
	Salaries and Wages	20,800.00
	Other Expenses	15,600.00

Parks Maintenance:
	Salaries and Wages	145,900.00
	Other Expenses	20,400.00
	-257-
Shade Trees:
	Salaries and Wages	56,700.00
	Other Expenses	4,600.00


RECREATION AND CULTURAL AFFAIRS:
Recreation Programs:
	Salaries and Wages	197,200.00
	Other Expenses	24,700.00


HEALTH AND HUMAN SERVICES
Health Services:
	Salaries and Wages	144,900.00
	Other Expenses	24,000.00

Nursing Services:
	Salaries and Wages	14,200.00
	Other Expenses	10,200.00


Administration of Social Services:
	Salaries and Wages	21,500.00
	Other Expenses	500.00


Senior Citizens Activities:
	Other Expenses	1,200.00


MISCELLANEOUS AND OTHER
Unemployment Compensation Insurance:
	Other Expenses	100,000.00

Refuse Tipping Fees:
	Other Expenses	348,000.00

Mandatory Recycling Act:
	Other Expenses	209,600.00

Animal Control:
	Other Expenses	5,900.00

Montclair Early Childhood Corporation:
	Other Expenses	443,100.00

Insurances:
	Liability Insurance	526,700.00
	Employee Group Insurance	1,284,800.00

-258-
SPECIAL PROGRAMS AND ACTIVITIES
Parks, Recreation and Cultural Affairs:
	Salaries and Wages	9,800.00
	Other Expenses	83,900.00


Uniform Construction Code-Appropriations
Offset by Dedicated Revenues
	Salaries and Wages	107,100.00
	Other Expenses	28,100.00

Utilities
Gasoline		60,800.00
Fuel - Diesel		44,200.00
Electricity		86,400.00
Telephone		41,900.00
Natural Gas		34,900.00
Street Lighting		111,700.00
Water		3,400.00


Statutory Expenditures
Public Employees' Retirement System		43,600.00
Social Security System		308,800.00
Police and Firemen's Retirement System of NJ		29,100.00

Excluded from "CAPS"

Maintenance of Free Public Library		996,000.00

Public Employees' Retirement System		82,200.00

Police and Firemen's Retirement System of NJ		586,800.00

	TOTAL GENERAL APPROPRIATIONS	$ 13,589,100.00



WATER UTILITY OPERATING APPROPRIATIONS

Operating:
	Salaries and Wages	$ 362,900.00
	Other Expenses	610,900.00

Commercial:
	Salaries and Wages	135,700.00
	Other Expenses	11,800.00
	-259-
Statutory Expenditures:
	Social Security System	38,300.00

	TOTAL WATER UTILITY APPROPRIATIONS	$ 1,159,600.00
SEWER UTILITY OPERATING APPROPRIATIONS

Operating:
	Salaries and Wages	$ 71,000.00
	Other Expenses	57,100.00

Passaic Valley Sewer Commission		814,800.00

Third River Sewer		1,200.00

Second River Sewer		12,700.00

Statutory Expenditures:
	Social Security System	5,400.00

	TOTAL SEWER UTILITY APPROPRIATIONS	$ 962,200.00

* * *

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 Lang and Tobin. “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: $1,097,603.51.

* * *

PUBLIC COMMENT

Mr. Cary Africk, 2 Erwin Park, believes that any discussion of appointments to Township boards, commissions and committees in Executive Session is inappropriate and called for public discussion of such appointments. Mayor Remsen explained the current process of making appointments.

Mayor Remsen noted that the Council is now entering the end of its current term. He urged the Council and Township Manager to address as many items as possible in the Council’s Strategic Plan.

Deputy Mayor Michaelson reminded all of tonight’s First Night Activities.

Ms. Maxine Souba, 16 Seymour Street, asked for an explanation of the pending social drinking ordinance. She also requested that the Council address all parking issues within the Township.

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

* * *

-260-

At 9:27 A.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned
by unanimous vote.

________________________________________
EDWARD REMSENMAYOR

ATTEST:

________________________________________
LINDA S. WANATMUNICIPAL CLERK