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MONTCLAIR, NEW JERSEY January 22, 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 pre-meeting conference at 7:07 P.M.
Present: Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.
Absent: Mayor Remsen and Councilor Mattox

STATEMENT OF SUNSHINE NOTICE

DAY NURSERIES:

Township Manager Joseph Hartnett reminded the Council of the need to address the disposition of Day Nurseries with regard to the 2008 budget and bonding issues.

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Review of agenda for the Regular Meeting.

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At 7:34 P.M., on motion made by Deputy Mayor Michaelson 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.

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

4. This resolution shall take effect immediately.

At 8:08 P.M., on motion made by Deputy Mayor Michaelson and duly seconded, the Executive Session
was adjourned by unanimous vote.

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At 8:09 P.M., 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 8:12 P.M.
Present: Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin.
Absent: Mayor Remsen

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE LED BY REPRESENTATIVES OF BOY SCOUT TROOP 12

On motion made by Deputy Mayor Michaelson and duly seconded, the minutes of November 20 and 27, 2007 were approved by unanimous vote.

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PENDING ORDINANCES

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.

Municipal Clerk Linda Wanat noted that a public hearing on this ordinance was held and closed in December. At that time the Council voted to TABLE the vote on the ordinance pending further review by the Historic Preservation Commission.

Councilor Lang made a motion which was adopted by unanimous vote to REMOVE THE ORDINANCE FROM THE TABLE. Deputy Mayor Michaelson received comments from the Council.

On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was adopted by unanimous vote. Councilor Mattox asked that the vote be postponed in order to share information he recently received regarding the Township Attorney.

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Councilor Schlager 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 140-12.A OF THE TOWNSHIP CODE (THE “FILMING ORDINANCE”) TO PROVIDE FOR AN INCREASE IN THE BASIC FILMING PERMIT FEE FOR EXPEDITED PROCESSING OF FILMING PERMIT APPLICATIONS.” (08-3).

The motion was adopted by unanimous vote.

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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 February 11, 2008.

“ORDINANCE VACATING A PORTION OF PLEASANT WAY AND RELINQUISHING, EXTINGUISHING AND DISCHARGING ALL RIGHTS OF THE TOWNSHIP OF MONTCLAIR IN AND TO SUCH PORTION OF SAID STREET.” (08-04)

The motion was adopted by unanimous vote.

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Deputy Mayor Michaelson 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 297-50 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR ENTITLED “AWNINGS, CANOPIES AND MARQUEES” TO PERMIT THE ERECTION OF FABRIC AND NON-FABRIC AWNINGS IN THE N-C, C-1 AND C-2 ZONING DISTRICTS” (08-5).

The motion was adopted by unanimous vote.

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

WHEREAS, on January 3, 2008, the Township of Montclair opened and read bids for the purchase and delivery of Junior Baseball Uniforms and Equipment for the Township Parks and Recreation Department, as prescribed by law; and

 WHEREAS, four companies submitted firm bids for the items included in the bid specifications with fixed prices for a two-year period; and

 WHEREAS, METUCHEN CENTER, INC., located at 409 Joyce Kilmer Avenue #5B, New Brunswick, New Jersey, submitted the lowest responsible bid, according to the specifications, in the total amount of $31,041.48; now therefore

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 BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that METUCHEN CENTER, INC. be and is hereby awarded a contract for the purchase and delivery of Junior Baseball Uniforms and Equipment for the Montclair Parks and Recreation Department, subject to certification of available funds by the Chief Financial Officer. A summary of the bid results are attached hereto and made a part hereof.

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

WHEREAS, pursuant to N.J.S.A. 40A:11-12A AND N.J.A.C. 5:34-7.29(c), the Township may, by resolution and without advertising for bids, purchase goods or services under the State of New Jersey Cooperative Purchasing Program pursuant to contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

 WHEREAS, the Township of Montclair has a need to purchase goods or services, on a timely basis, utilizing State contracts during the year 2008; and

 WHEREAS, the Township of Montclair wishes to purchase goods and services from the State contract vendors listed on the Schedule attached to this resolution, subject to all terms and conditions applicable to the current State contracts; now, therefore,
 
 BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that the Township Purchasing Agent be and is hereby authorized to purchase goods and services during the year 2008 from the approved New Jersey State Contract Vendors listed on the Schedule attached hereto, in accordance with the terms and conditions of the individual State contracts; and

 BE IT FURTHER RESOLVED that, pursuant to N.J.A.C. 5:30-5.5(b), prior to placing any order for goods or services in accordance with this Resolution, a certification of available funds shall be executed by the Chief Financial Officer and attached to the file copy of the purchase order or other similar document.
 
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On motion made by Councilor Tobin and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, the Township of Montclair has applied and received approval for a grant from the National Association of County and City Health Officials in the amount of $10,000.00 to provide funding support for a local Medical Reserve Corps (“MRC”) Unit and to encourage the local MRC Unit to provide certain information to the Office of the Surgeon General’s MRC Program Office; 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 the attached Grant Agreement with the National Association of County and City Health Officials.

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

WHEREAS, the Township of Montclair has agreed to meet with representatives of the Montclair Board of Education and the Montclair Economic Development Corporation (MEDC) to discuss and consider opportunities for the provision of shared services; and

WHEREAS, the three organizations have agreed to retain the services of Jersey Professional Management to assist them in the preparation and submission of an application to the State of New Jersey for a Sharing Available Resources Efficiently (SHARE) Grant; and

WHEREAS, the services to be provided include meeting with representatives to develop a consensus regarding the best and most efficient opportunities for implementing shared shuttle services/intermodal/interagency transportation, and the preparation and submission of a shared services grant application on behalf of the three aforementioned entities; and

WHEREAS, the cost of the services to be provided is a flat fee of $2,000; and

WHEREAS, the Chief Financial Officer of the Township of Montclair has certified that adequate funds for these services have been appropriated and are available in the 2008 temporary budget; 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 be and is hereby authorized to retain Jersey Professional Management, 23 North Avenue East, Cranford, New Jersey, to provide the services mentioned herein, including preparation of an application to the State of New Jersey for a SHARE grant, for the sum of $2,000.00, and the Township Manager be and he is hereby authorized to execute any agreements or other documents in connection therewith.

BE IT FURTHER RESOLVED that a more specific resolution will need to be adopted by the three participating organizations prior to the formal submission of the SHARE Grant Application.

BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to the Montclair Board of Education and the Montclair Economic Development Corporation.

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that ALAN G. TREMBULAK be and is hereby reappointed to serve as Township Attorney for a term of one year, commencing February 1, 2008.

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

WHEREAS, the Municipal Treasurer has recommended certain transfer of funds from 2007 appropriation reserves to cover anticipated expenditures in accordance with the provisions of N.J.S.A. 40A:4-59; and

WHEREAS, N.J.S.A. 40A:4-59 provides for transfers from appropriation reserves with an excess over and above the amount deemed to be necessary to fulfill such purpose, to any appropriation reserve for the immediately preceding fiscal year 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; and

WHEREAS, various bills have been presented for payment which were not recorded at the time of transfers between 2007 Budget Appropriations in the last two months of 2007;
 
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 appropriation reserves as set forth opposite its designation:

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

WHEREAS, the Township of Montclair and the Township of Nutley wish to renew their agreement pursuant to which the Township of Montclair furnishes health services of a technical and professional nature to the Township of Nutley pursuant to N.J.S.A. 26:3A2-1 et seq.; and

WHEREAS, the New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., provides that a municipality may enter into contracts with other municipalities or local units for the joint provision of any service; and

WHEREAS, the Township Council has determined that it is in the best interests of the Township to continue to provide health services to the Township of Nutley in exchange for quarterly payments to be received by the Township; 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 the attached agreement with the Township of Nutley for the provision of health services.

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that SIMONE THOMAS be and she hereby is APPOINTED to serve as a member of the CIVIL RIGHTS COMMISSION for a term commencing immediately and terminating December 31, 2010.

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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: $1,470,025.02.

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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 Deputy Mayor Michaelson and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting:

Filed: Received approved from the Division of Local Government Services: Approval of an Emergency Appropriation resolution adopted by the Council at their meeting of November 27, 2007.

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Councilor Lang announced the award of CDBG Funds at a special ceremony. She also spoke at the announcement of the “Main Street Designation.” Councilor Lang attended several Martin Luther King events including the annual Scholarship Breakfast, and a commemoration service sponsored by the Montclair African American Clergy Association.

Councilor Freier noted that the recent Martin Luther King breakfast event was taped for a Channel 34 presentation. He reported that during a recent presentation to the Township Council the Parking Authority indicated that new signage will be instituted. In addition an emphasis will be placed on cleanliness at all parking facilities.

Councilor Mattox also attended both the Martin Luther King, Jr. breakfast and the African American Clergy event. He will hold another Municipal Night in mid February.

Deputy Mayor Michaelson, one of the founding trustees of the Martin Luther King, Jr. Scholarship initiative, announced that 2009 will mark its 20th anniversary.

Councilor Schlager pointed out that two trucks became “stuck” under the Watchung Avenue trestle bridge creating a dangerous situation. She asked Township Manager Hartnett to investigate. She expressed thanks from residents of Friendship Place for the posting of signage in the area.
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Councilor Tobin attended the Main Street designation ceremony. He updated the Council on the renovation of the Bellevue Avenue railroad station.

Township Manager Hartnett stated that “anyone can hire any expert and get any result.” He congratulated the Council on their reappointment of Township Attorney Alan Trembulak. Mr. Hartnett acknowledged Mr. Trembulak’s competence and professionalism.

Municipal Clerk Linda Wanat recognized the increased numbers of registered voters in the Township and encouraged all to vote in the February 5th Presidential Primary Election.

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At 8:45 P.M., on motion made by Deputy Mayor Michaelson and duly seconded, the meeting was adjourned by unanimous vote.

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JOYCE R. MICHAELSON DEPUTY MAYOR

ATTEST:

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LINDA S. WANATMUNICIPAL CLERK