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MONTCLAIR, NEW JERSEY
January 8, 2008
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 Regular Meeting at 7:09 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox and Schlager.
Absent: Councilor Tobin
STATEMENT OF SUNSHINE NOTICE
Review of agenda for the Regular Meeting.
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PROPOSED BUDGET: BUSINESS IMPROVEMENT DISTRICT:
GUEST: Mr. Tom Lonergan, Executive Director
Mr. Lonergan announced that Montclair has recently received a “Main Street” designation. He also reported that the BID is applying for a Smart Growth Grant. Mr. Lonergan reviewed the BID budget and attributed increases for both rent and insurance as primary sources for the total budget increase.
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CAPITAL PROJECTS:
Township Manager Joseph Hartnett is reviewing the capital projects in need of acceleration. Action will be taken on these items in February 2008. Mayor Remsen noted that the final disposition of the Clary Anderson Arena will be announced shortly. Mr. Hartnett stated that the Township was considering the position of “construction manager” for all capital projects within the municipality including school projects. Councilor Freier suggested that a bench be placed within the bus shelter at Lackawanna Plaza.
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FOUR WAY STOP SIGN:
Township Manager Joseph Hartnett announced that a report will be forthcoming.
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SPEED TABLES UPDATE:
Mr. Hartnett reported on two speed table pilot projects. An analysis will be conducted in February. He also reported that work on Nishuane and Kaveny fields continues.
Mayor Remsen stated that this Council has appointed over 200 individuals to Township Boards, Commissions and Committees.
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PUBLIC COMMENT
Mr. Cary Africk, 2 Erwin Park, asked if the “BID” budget was a public document. Mr. Hartnett explained that once the resolution approving the budget is adopted, the budget would be released. Mr. Africk also endorsed the concept of a “construction manager.”
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At 7:48 P.M., on motion made by Mayor Remsen and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
2. The general nature of the subject matters to be discussed are as follows: Advice of Counsel.
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3. We do not anticipate that the matters discussed will be made public.
4. This resolution shall take effect immediately.
At 8:11 P.M., on motion made by Mayor Remsen and duly seconded, the executive session 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 8:15 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
On motion made by Councilor Lang and duly seconded, the following resolution was adopted by unanimous vote:
IN MEMORIAM LAWRENCE T. RICHARDSON
WHEREAS, the Council of the Township of Montclair notes with sadness the recent death of Lawrence T. Richardson; and
WHEREAS, Mr. Richardson was a lifelong resident of Montclair and educated in the Montclair schools. He joined the United States Navy in 1943 and served in several capacities while stationed in the Aleutian Islands before being honorably discharged in 1946. In 1950 he became the first African American supervisor employed by Hoffmann-LaRoche where he remained for thirty years until his retirement; and
WHEREAS, Lawrence T. Richardson was active in many civic, professional and social organizations, giving long hours of devoted service to the Montclair community and beyond as a coach of the Pop Warner Little League football and of the Eureka Masonic Lodge’s Little League baseball team. He also coached and taught sports fundamentals through the state. His political activism included working on the campaigns of Matthew Carter and Wynona Lipman, serving as campaign manager for former 4th ward Councilwoman Delores “Bobbie” Reilly and as treasurer of Rev. Buster Soaries’ 1976 campaign. Mr. Richardson was elected Democratic county committee representative for Montclair’s 3rd Ward and served as assistant of the N.J. State Legislature’s sergeant-at-arms office in Trenton for nine years; and
WHEREAS, Mr. Richardson was superintendent of the Trinity Presbyterian Church Sunday School, former senior warden of the Eureka Masonic Lodge of Montclair, board member of Essex County “Operation Push,” a member of the Glenfield Community School Project, member of the board of trustees of the Montclair
Neighborhood Development Corp., and executive board member and treasurer of the Montclair Child Development Corporation’s Head State Program; and
WHEREAS, Lawrence T. Richardson was a neighbor and friend to many and recipient of numerous awards throughout the years for his dedication to youth and for community service; now therefore
BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, join with Lawrence T. Richardson’s family, friends, co-workers and the community at large in expressing heartfelt gratitude for his life and service and extends deepest sympathy to his wife Joan, son Robert and grandchildren Kamari and Kia and other family and friends and be it hereby ordered that a copy of this memorial be spread in full upon the minutes of this meeting.
Mr. Richardson’s son accepted the resolution with appreciation on behalf of the family.
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Ms. Joyce Goldman, liaison for County Executive Joseph DiVincenzo, announced that Essex County was conducting a deer management program in South Mountain Reservation on Tuesdays and Thursdays between January 29, 2008 and February 28, 2008. The reservation will be closed at that time.
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ORDINANCES-SECOND READING/ADOPTION
The pending ordinance entitled: “ORDINANCE REPEALING SECTION 327-14.1 OF THE TOWNSHIP CODE REGARDING PARKING ON NARROW STREETS” (07-57 Parking on narrow streets) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING SECTION 327-20 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE”) TO PROVIDE FOR TWO-HOUR RESTRICTED PARKING ON A PORTION OF BRUNSWICK ROAD” (07-58) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
Ms. Leslie Wiesner, 3 Brunswick Road, speaking on behalf of a number of residents on Brunswick Road asked for an equitable solution to parking problems on that street between Midland Avenue to Central Avenue. She believes that lack of parking on Brunswick Road is due to daily use by Montclair High School students. She stated that this situation creates congestion and may impact property values. The residents requested two hour parking 8:00 a.m. to 4:00 p.m. (school days only) on that street. Ms. Wiesner thanked the Council and Deputy Mayor Michaelson and Councilor Schlager for their efforts.
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 347-135.B OF THE HISTORIC PRESERVATION ORDINANCE OF THE TOWNSHIP OF MONTCLAIR REGARDING THE MORATORIUM ON APPLICATIONS FOR ALTERATION OR DEMOLITION OF BUILDINGS AND STRUCTURES” (07-59) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
Mr. Frank Gerard Godlewski, Essex Fells resident, stated that this is a positive step.
There being no one else wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by the following vote: “Ayes” Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox and Schlager. “Nay” Mayor Remsen.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 347 OF THE TOWNSHIP CODE (THE “ZONING ORDINANCE”) TO ESTABLISH DEMOLITION REVIEW REQUIREMENTS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF MONTCLAIR” (07-60) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by the following vote: “Ayes” Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox and Schlager. “Nay” Mayor Remsen.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 74 OF THE TOWNSHIP CODE (“ALCOHOLIC BEVERAGES”) TO PROHIBIT THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY BY UNDERAGED PERSONS” (07-62) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
Mr. Tom Kennon, 40 Gates Avenue, questioned the process by which this ordinance was created. He also believes that it gives extraordinary powers to the local police and judiciary with whom he has had negative experiences.
Ms. Ellyn Minor, 47 Aubrey Road, MCIA, Chair, provided background on this organization which promotes abuse prevention programs among other initiatives. Ms. Minor provided statistics on the dangers of alcohol abuse. She also offered comments from Mindy, Lazar, Chair of “Mothers Against Drunk Driving” and the Essex County Alcohol Resource Center which endorsed the proposed alcohol related ordinances presented this evening.
Mr. Haywood Woods, 50 Pine Street, asked who would enforce these ordinances if they were adopted. He also objects to the “invasion” of private homes.
Ms. Pegi Adam, 13 The Fairway, questioned the alcohol related ordinances and referenced Woodcliff Lakes’ ordinance dealing with drinking among minors.
Mrs. Audrey Hawley, 17 Grenada Place, believes the ordinance is “elitist” and that families “with influence” will receive preferential treatment if their children are detained for violation of this ordinance.
Ms. Mary Rorke, 177 Christopher Street, stated that parents must be educated and given strategies to deal with underage drinking.
Ms. Lois Whipple, 19 Prescott Avenue, stated that she is troubled by the “probable cause threshold” and the “liability and punitive” actions referenced in these ordinances.
Ms. Cary Africk, 2 Erwin Park, asked for clarification of “parental permission” and, specifically, its application.
Ms. Margaret Schilling, 277 Grove Street, questioned the validity of suspending a driver’s license for an alcohol violation and believes it is inappropriate.
Mr. David Herron, 3 Hawthorne Place, does not believe these ordinances will offer “constitutional protections.” He asked the Council to rethink adoption of the ordinances.
Ms. Sabine Kennon, 40 Gates Avenue, questioned certain provisions of these ordinances, e.g., probable cause” and asked for an explanation.
Mr. William Scott, 23 Cedar Avenue, also questioned the “probable cause” provision.
There being no one else wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was NOT ADOPTED by the following vote: “Ayes” Mayor Remsen and Councilor Freier. “Nays” Deputy Mayor Michaelson and Councilor Mattox. “Abstained” Councilor Lang and Schlager.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 74 OF THE TOWNSHIP CODE (“ALCOHOLIC BEVERAGES”) TO PROHIBIT THE OFFERING OR SERVICE OF ALCOHOLIC BEVERAGES TO UNDERAGED PERSONS IN THE TOWNSHIP OF MONTCLAIR” (07-61) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
Mr. Tom Kennon, asked for an explanation of the provisions of this ordinance. He asked the Council to deny this ordinance.
Mr. Stuart Rubin, 22 Elston Road, asked if it was possible to include a provision to this ordinance that a first offense remain under the jurisdiction of the Municipal Court.
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There being no one else wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang and Schlager. “Nay” Councilor Mattox.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 127 OF THE MONTCLAIR TOWNSHIP CODE (“DISORDERLY CONDUCT”) TO ESTABLISH PARENTAL RESPONSIBILITY FOR UNLAWFUL ACTIVITIES OF MINORS” (07-63) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
Mr. Tom Kennon, believes this ordinance is “an insult” to parents and a “massive intrusion” into family life.
Mr. Ed Carine, 277 Grove Street, stated that this ordinance should have been brought before the Civil Rights Commission before introduction.
Mr. Stuart Rubin, 22 Elston Road, expressed his concern that this ordinance suggests that “the Township has a bunch of 17 year old felons running around Montclair.” He also believes the ordinance language is vague.
Mr. William Scott, 23 Cedar Avenue, asked if there was a Child Endangerment law attached to the provisions of this ordinance.
Mr. David Herron, 3 Hawthorne Place, questioned how the term “reasonable supervision” can be measured. He believes it “shifts the burden of proof from the child to the parent.”
Ms. Pegi Adam, 13 The Fairway, stated that the definition of “neglectful parenting” is extremely subjective.
There being no one else wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was TABLED TO A NON-SPECIFIED DATE TO ALLOW FOR ADDITIONAL RESEARCH by unanimous vote.
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The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3 OF THE TOWNSHIP CODE (“THE MONTCLAIR ADMINISTRATIVE CODE”) TO PROVIDE FOR THE
ESTABLISHMENT OF A DEPARTMENT OF UTILITIES IN THE TOWNSHIP OF MONTCLAIR AND AMENDING SECTION 3-39 OF THE TOWNSHIP CODE” (07-64) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.
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The pending ordinance entitled: “AN ORDINANCE TO AMEND AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENT IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALARY RANGES THEREOF” (07-65 This ordinance adds the position of Director of Utilities to the 2007 Management (Non-Union) Salary Ordinance) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.
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The pending ordinance entitled: “AN ORDINANCE TO AMEND AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENT IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALARY RANGES THEREOF” (07-66 This ordinance adds certain positions to the 2008 CWA Employee Salary Ordinance) passed first reading December 11, 2007 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.
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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 February 11, 2008.
“ORDINANCE AMENDING SECTION 281-7 OF THE TOWNSHIP CODE (THE “SITE PLAN REVIEW ORDINANCE”) (08-01).
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 February 11, 2008.
“ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE—CHAPTER 347 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR” (08-02).
The motion was adopted by unanimous vote.
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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 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.
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REPORTS AND COMMUNICATIONS
The Municipal Clerk reported that she had filed in her office a list of reports and communications received since the last meeting.
On motion made by Mayor Remsen and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.
FILED:Monthly report for the month of December 2007:
Municipal Clerk’s Office $ 7,474.75
Monthly report for the Month of November 2007:
Tax Collector’s Office$30, 265,812.26
Oaths of Office:
Edward Csuka, Regular Police Officer
Antonio Costantino, Regular Police Officer
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One fully executed copy of a contract for Orange Road and Llewellyn Road Intersection Improvements awarded to Cifelli & Son General Construction, Inc.
One fully executed copy of a contract for Sidewalk & Walkway Construction (Various Locations) awarded to Cretan Concrete Company.
One fully executed copy of a contract for Video Inspection & Reconstruction/CIPP of Sanitary & Storm Sewers awarded to En-Tech Corporation.
Agreement for Health Services between the Township of Montclair and the Township of Belleville for January 1, 2008 to December 31, 2010.
One fully executed copy of a License Agreement between Spatial Data Logic, Inc. and the Township of Montclair.
Received approved from the Division of Local Government Services a Resolution Authorizing Approval of an Emergency Appropriation for Utilities-Electricity and Utilities-Telephone in the amount of $190,000.00 and $65,000.00.
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Deputy Mayor Michaelson congratulated the BID on its “Main Street” designation.
Mayor Remsen thanked the Township staff and all the sponsors of a most successful First Night event. He also thanked the County Executive for providing funds to repair a severely dilapidated culvert within the Township. He noted that the Council will meet in a Conference Meeting on February 15, 2008 at 8 p.m.
Township Manager Joseph Hartnett reiterated that the MCIA is a group of dedicated citizens and thanked them for their work in advancing the alcohol related ordinances presented this evening.
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PUBLIC HEARING
Mayor Remsen stated that the meeting was now open to the public and asked if there was anyone present
who wished to address the Council regarding any matters of interest or importance:
Ms. Audrey Hawley, 17 Granada Place, stated that she meant no disrespect to the Montclair Community
Intervention Alliance. She suggested that all local contracts awarded by the Township of Montclair or the Board
of Education should require use of “local subcontractors.” In lieu of instituting such a provision, a financial
assessment should be required. Other areas of concern included use of environmentally friendly “plants” in
municipal projects.
Mr. Nick Fiornascente, 165 Valley Road, believes his property is over assessed and that he will not be
able to sell it for the assessed value.
Mr. Detinich, Ordell, N.J. member of Lyndon LaRouche’s Party, believes the U.S. banking system is in
crisis mode. He asked the Council to consider adopting a Homeowner’s Bank Protection Act.
Mr. Brad Hinkston, 123 Second Street, Ridgefield Park, N.J., reiterated the request to adopt a
Homeowners Bank Protection Act.
Dr. Ernie Schapiro, Hackensack, N.J., also urged the Council to join with the East Orange City Council
to address the need for a Homeowners Bank Protection Act.
Mr. Frank Gerard Godlewski, urged the Council to landmark both the James Howe House and the site in
order to preserve its historic significance.
Dr. Renee Baskerville, 370 Orange Road, requested the Council consider both the history and
contemporary significance of retaining the Howe House at its present site.
Ms. Janice Walker, 15 Hilltop Place, offered a letter of support for landmarking from neighbors of the
Historical Society and the Crane House of both the Howe House and the site.
Mr. William Scott, Cedar Avenue, reported a number of “holes” on Cedar Avenue and at the corner of
Cedar and High Street which are in need of repair.
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There being no one else wishing to be heard, Mayor Remsen closed the hearing.
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At 11:55 P.M., on motion made by Mayor Remsen and duly seconded, the meeting was adjourned
by unanimous vote.
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EDWARD REMSENMAYOR
ATTEST:
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LINDA S. WANATMUNICIPAL CLERK
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