- 17-

MONTCLAIR, NEW JERSEY February 11, 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 7:10 P.M.
Present: Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin.
Absent: Mayor Remsen

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

* * *

Mayor Remsen joined the meeting.

* * *

DOG PARK:

Mayor Remsen appointed Councilors Schlager and Tobin to follow up on this issue. Residents may also bring concerns to the Parking Advisory Committee. However, neighbors continue to be concerned about unsafe traffic conditions associated with visitors to the Dog Park.

Ms. Toni L. Schott, 21 Chester Road, on behalf of the Chester Road Association expressed concern regarding excessive noise, increased traffic and child safety since the institution of the Dog Park at the Brookdale Park site. She thanked the Council for their efforts on behalf of Montclair area residents. She will be meeting with Essex County Executive Joseph DiVincenzo to address these concerns.

Mr. Newton Schott suggested that signs be erected to direct Dog Park visitors to parking areas within Brookdale Park.

CORRESPONDENCE:

Mayor Remsen presented a letter from Brian Reilly, 209 Fernwood Avenue, regarding enforcement of false alarms and ensuing penalties. Township Manager Joseph Hartnett and Police Chief Sabagh will review and discuss with the Council following their review.

* * *

QUIET ZONE:

Township Manager Hartnett discussed the possibility of hiring a consultant to create a detailed plan for this initiative ($15,000-$30,000) which may be funded through a capital budget allocation. Mr. Hartnett asked for the Council’s input regarding the project. Applications for “quiet zones” are due on June 24, 2008. Mayor Remsen stressed the need for the Transportation Committee to be involved in this process.

* * *

Councilor Mattox stated that the percentage increases for management, police and fire salaries were not included in ordinance 08-6, 08-7 and 08-8. He asked that the ordinances be amended to include these percentages and to include the term “salary” as well as salary ranges.

* * *

Mr. Cary Africk, 2 Erwin Park Road, asked for clarification regarding the submission of the Forestry Plan to the State. Mr. Hartnett indicated that the plan had been submitted to the State in order to secure grant funding.
* * *

At 7:55 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:

-18-

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 8:10 P.M., on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

* * *

At 8:11 P.M., on motion made by Mayor Remsen and duly seconded, the pre-meeting conference was adjourned by unanimous vote.

* * *

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 8:17 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin.
Absent: None

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

On motion made by Mayor Remsen and duly seconded, the minutes of December 11, 2007 were approved by unanimous vote.

* * *

PENDING ORDINANCES

The pending ordinance entitled: “ORDINANCE AMENDING SECTION 281-7 OF THE TOWNSHIP CODE (THE “SITE PLAN REVIEW ORDINANCE”) (08-01) passed first reading January 8, 2008 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

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

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

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

* * *

The pending ordinance entitled: “ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE—CHAPTER 347 OF THE CODE OF THE TOWNHSIP OF MONTCLAIR” (08-2) passed first reading January 8, 2008 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

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

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

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

The pending ordinance entitled: “ORDINANCE AMENDING 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) passed first reading January 22, 2008 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.

-19-

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

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

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

The pending ordinance entitled: “ORDINANCE 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” (08-4) passed first reading January 22, 2008 and upon second reading the title thereof was read by the Clerk who then reported that it had been published and posted and copies had been made available to the public as required by law and that an affidavit to that effect was on file in the office of the Municipal Clerk.

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

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

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

The pending ordinance entitled: “ORDINANCE AMENDING 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) passed first reading January 22, 2008 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.
 
 * * *

NEW BUSINESS

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 26, 2008.

“AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENTS IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALARY AND SALARY RANGES THEREOF.” (08-6 2008 Management (Non-Union) Salary Ordinance).

The motion 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 February 26, 2008.

“AN ORDINANCE FIXING SALARY RANGES FOR CERTAIN OFFICERS IN THE POLICE DEPARTMENT OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY FOR 2008.” (08-7 2008 Police Chief & Deputy Chief Salary Ordinance).

The motion was adopted by unanimous vote.

* * *

-20-

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 26, 2008.

“AN ORDINANCE FIXING SALARY RANGES FOR CERTAIN OFFICERS IN THE FIRE DEPARTMENT OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY FOR 2008.” (08-8 2008 Fire Chief and Deputy Fire Chief Salary Ordinance).

The motion was adopted by unanimous vote.

* * *

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 26, 2008.

“ORDINANCE AMENDING SECTIONS 347-33 AND 347-45 OF THE ZONING ORDINANCE OF THE TOWNSHIP OF MONTCLAIR.” (08-09 Height and setback of principal structures).

The motion was adopted by unanimous vote.

* * *

Municipal Clerk Linda Wanat stated: Mr. Mayor, I wish to report that the transfer application has been filed with the correct fees for a person to person, place to place transfer and that proof of publication of notice of intention has been received. A report from the police department gave full approval to the character and business reliability of the applicant, and they have no objections to the transfer. There have been no objections received from the public.”

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

WHEREAS, application has been filed for a Person-to-Person, Place-to-Place transfer of Plenary Retail Consumption License 0713-32-016-002, heretofore issued to Marlboro Loft Partners, LLC, 334 Grove Street, Mailing Address: 7 North Willow Street, Suite 8B, Montclair, N.J. 07042.

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

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

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

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in Essex County, does hereby approve, effective immediately, the person-to-person, place-to-place transfer of the aforesaid Plenary Retail Consumption License to Jonathan P. Rosen, 5 Seymour Street, Montclair, N.J. for a term ending June 30, 2008, and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership.

* * *
Mr. John Silverman, Esq., speaking on behalf of the new owner, Jonathan Rosen, stated that a September 2008 opening is anticipated.

* * *

On motion made by Deputy Mayor Michaelson 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 ANDREW GELMAN be and he hereby is REAPPOINTED to serve as a member of the Communications Advisory Committee effective immediately and terminating December 31, 2010.

* * *

-21-

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

WHEREAS, on July 21, 1998, the Township Council adopted a Resolution designating the properties commonly known as 53 New Street and 55 New Street (Lots 61 and 62 in Block 3111 on the Township Tax Maps) as “areas in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.; and

WHEREAS, on October 20, 1998, the Township Council adopted a Redevelopment Plan pursuant to N.J.S.A. 40A:12A-7 which provided for the development of affordable housing units on the subject properties; and

WHEREAS, on April 18, 2000, the Township Council adopted Ordinance No. 00-15 which authorized the Township to acquire the subject properties, by negotiation and/or eminent domain, for redevelopment as affordable housing in accordance with the aforesaid Redevelopment Plan; and

WHEREAS, by Resolution dated July 12, 2005, the Township Council designated Homes of Montclair Ecumenical Corp. (“HOMECorp”), a local non-profit developer of affordable housing, as Redeveloper of the subject properties; and

WHEREAS, the Township completed the acquisition of these properties in 2007 for a total purchase price of $284,800.00; and

WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-8.g, a municipality may sell property without public bidding at such prices and upon such terms as it deems reasonable, provided the sale is made in conjunction with a redevelopment plan; and

WHEREAS, the Township Council wishes to create additional affordable housing units pursuant to the aforesaid Redevelopment Plan and to meet its fair share obligation established by the New Jersey Council on Affordable Housing; and

WHEREAS, the Township Council wishes to sell and convey the subject properties to HOMECorp for the purpose of constructing four (4) affordable condominium units, two of which will be sold or rented to low income households and two of which will be sold or rented to moderate income households; 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 an agreement of sale, in a form to be approved by the Township Attorney, and any and all other documents required to sell and convey the properties commonly known as 53 New Street and 55 New Street to HOMECorp. for the total sum of $284,800.00 subject to appropriate Deed Restrictions providing that all four condominium units be developed and maintained as affordable housing for low and moderate income households for a period of 30 years in compliance with New Jersey Council on Affordable Housing regulations.

* * *

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

WHEREAS, Section 17:27-3.5 of the New Jersey Administrative Code requires the annual appointment of a Public Agency Compliance Officer to ensure that municipal contracts comply with the policy of the State of New Jersey to promote equal employment opportunity and affirmative action with regard to public contracts; and

WHEREAS, it is the policy of the Township of Montclair to promote and enforce all rules and regulations regarding affirmative action in public purchasing; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that EDWARD CHO be and is hereby appointed Public Agency Compliance Officer for the Township of Montclair for the period from January 1, 2008 through December 31, 2008.

* * *

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

WHEREAS, by Resolution dated May 8, 2007, the Township Council authorized that the 2007 assessed valuation of property commonly known as 16 Miller Street be reduced from $328,000 to $104,400 in view of the fact that the original assessment failed to take into account certain COAH affordability deed restrictions which affected the value of the property; and

WHEREAS, preliminary tax bills for the first two quarters of 2008 were issued for this property based on the subject property’s original assessed value rather than the reduced assessed value; now therefore

-22-

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Tax Collector be and she is hereby authorized to issue adjusted preliminary tax bills for the first two quarters of 2008 for the property commonly known as 16 Miller Street (Block 3112 Lot 5 on the Township Tax Maps) based on the reduced 2007 assessed value for this property.

* * *

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

* * *

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: $1,890,571.65.

* * *

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:

Tax Collector$2,082,158.28

Monthly report for the month of January 2008:

-23-

Municipal Clerk’s Office$ 6,558.00

Oath of Office:

Charles Cunningham, Regular Police Officer

One fully executed copy of a contract for Purchase and Delivery of Janitorial Supplies for a period of two (2) years commencing on January 1, 2008 awarded to Central Poly Corporation.

One fully executed copy of a contract for Purchase and Delivery of Janitorial Supplies for a period of two (2) years commencing on January 1, 2008 awarded to Mantek.
 
One fully executed copy of a contract for Harrison Avenue Roadway Improvements (Traffic Calming) awarded to Jenicar Builders Contractors Co., Inc.

One fully executed copy of a contract for Annual Contract for Inlets & Manholes Construction (Various Locations) awarded to John Garcia Construction Co., Inc.

One fully executed copy of a contract for Junior Baseball/Softball Uniforms & Equipment for 2008 awarded to Metuchen Center, Inc.

Civil Action Summons: Diana Van Emburgh vs. One Bellevue Plaza, et al.

* * *

Councilor Lang recently attended the Second African American Film Festival and invited all to attend the upcoming presentation.

Councilor Freier noted that the Parking Authority is soliciting a tenant to serve “coffee plus” at the Bay Street Deck.

Councilor Mattox announced that the Essex County Jack & Jill Association celebrated Black History Month with a presentation by nationally recognized Dr. Sherry Cole of the Liberty Science Center.

Deputy Mayor Michaelson displayed the third edition of the “Directory of Services for Senior Citizens.” Copies are available in the Social Services Department.

Councilor Schlager and Township Manager Joseph Hartnett noted that over 20 individuals recently came
 together with fund raising suggestions for the all access playground at Edgemont Park.

Township Manager Hartnett offered the 2007 Annual Report regarding the State of the Municipality. He also noted the receipt of funds for the access playground.

Municipal Clerk Linda Wanat thanked all Montclair voters who recently participated in the first New Jersey Presidential Primary Election held on February 5th. She urged residents to both register and vote in the Municipal Election on May 13, 2008.

* * *
 
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. Nicole Gary, 33 Pleasant Way, asked for an explanation of vacation of a portion of Pleasant Way and why she had not been notified. She expressed her interest in acquiring the property. Mayor Remsen will seek information regarding any restrictions on the property.

Mr. Harant Yousofian, 2 Argyle Road, asked if the Council was prepared to reconsider funding a new $35 million dollar school.

Mr. James Cotter, 21 Cloverhill Pace, expressed concern regarding continuing criminal action in the neighborhood of Cloverhill Place. He noted that residents previously asked for more aggressive enforcement but that has not occurred. Mr. Cotter suggested that the Council “put pressure” on the police department to make this request a priority. Mayor Remsen asked the Township Manager to reach out to the Police Chief regarding this matter.

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

-24-

At 9:22 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

___________________________________________
EDWARD REMSENMAYOR

ATTEST:

________________________________________
LINDA S. WANATMUNICIPAL CLERK