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MONTCLAIR, NEW JERSEY
March 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 and Schlager.
Absent: Mayor Remsen and Councilor Tobin
STATEMENT OF SUNSHINE NOTICE
Review of agenda for the Regular Meeting.
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CABLE TV:
Guests: Rey Redington and Jerry Kapner, Chairs, Communications Advisory Committee, Sharon Colucci, Cable TV, and Katya Wowk, Director of Communications.
Township Manager Joseph Hartnett provided background on cable TV stations including the difference between a “public access” station and a “government access” station. Mr. Hartnett reported that, at this time, Channel 34 staff could not undertake the increased demands of a “public access” station. He recommended that policies and procedures be put in place to guide Montclair’s government access station.
Mr. Kapner noted that the Communications Committee has not had the opportunity to “vet” the proposed guidelines and labeled them “a work in progress”.
Councilor Mattox asked if the station should have at least two hours per day of public access. He also asked who had editorial control over programming.
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At 7:27 P.M., on a 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:
- The public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
- The general nature of the subject matters to be discussed are as follows; Advice of Counsel.
- We do not anticipate that the matters discussed will be made public.
- This resolution shall take effect immediately.
At 7:54 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 7:55 P.M. on motion made by Deputy Mayor Michaelson 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 Ave, for a Regular Meeting at 8:01 P.M.
Present: Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox and Schlager.
Absent: Mayor Remsen and Councilor Tobin
STATEMENT OF SUNSHINE NOTICE
PLEDGE OF ALLEGIANCE
Township Manager Joseph Hartnett provided an update on a recent felony sexual assault by a Montclair High School student. He thanked the Police Department, Board of Education and Essex County Prosecutor’s office for their swift, professional work in dealing with this incident. Several arrests have been made.
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PUBLIC COMMENT
Lisa Finan, 203 Lorraine Ave, expressed concern over the conditions on that street. She supports a four foot driveway setback in order to promote safety in the area.
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PENDING ORDINANCES
The pending ordinance entitled: “ORDINANCE AMENDING SECTIONS 347-33 AND 347-45 OF THE ZONING ORDINANCE OF THE TOWNSHIP OF MONTCLAIR (HEIGHT AND SETBACK OF PRINCIPAL STRUCTURES”) (08-09) passed first reading February 11, 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.
The public hearing was held on February 26, 2008 and the ordinance was POSTPONED until March 11, 2008.
On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was adopted by unanimous vote.
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The pending ordinance entitled: “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR IN THE COUNTY OF ESSEX , NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,260,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,147,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” (08-10) passed first reading February 19, 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.
Deputy Mayor Michaelson asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Deputy Mayor Michaelson closed the hearing.
On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was POSTPONED by unanimous vote.
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The pending ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS SEWER UTILITY IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $600,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $600,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” (08-11) passed first reading February 19, 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.
Deputy Mayor Michaelson asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Deputy Mayor Michaelson closed the hearing.
On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was adopted by unanimous vote.
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The pending ordinance entitled “ORDINANCE AMENDING THE ELM/NEW & MISSION AREA REDEVELOPMENT PLAN PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW” (08-12) passed first reading February 19, 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.
Deputy Mayor Michaelson asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
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Michael Murphy, 261 Clifton Ave, Clifton, asked for confirmation that this ordinance would not be used for “condemnation.” He stated that two potential tenants for his parcel have “backed out” due to redevelopment designation.
There being no one else wishing to be heard, Deputy Mayor Michaelson closed the hearing.
On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was adopted by the following vote: “Ayes” Deputy Mayor Michaelson and Councilors Freier, Lang and Schlager. “Nay” Councilor Mattox.
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On motion made by Councilor Freier and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, the Township wishes to contract for the services of a municipal auditor; 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 requirements of N.J.S.A. 19:44A-20.5 et seq. applicable to non-fair and open contracts; and
WHEREAS, Samuel Klein and Company, has completed and submitted a Business Entity Disclosure Certification certifying that it 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 corporation from making any reportable contributions during term of this contract; 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 Samuel Klein and Company to serve as municipal auditor for the 2007 annual audit, for the sum of $114,500.00, in accordance with the proposal dated December 10, 2007 attached hereto and made a part hereof; 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.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, pursuant to Montclair Code Section 327-24.1, the Department of Community Services is authorized to place lines or markings on curbs and/or streets or other appropriate identification so as to prohibit parking within four feet from the edge of driveways; and
WHEREAS, the Montclair Parking Advisory Committee has recommended that the Township restrict parking within four feet of all driveways on Lorraine Avenue between Valley Road and Norwood Avenue; and
WHEREAS, the Township Council agrees with the aforementioned recommendation; now therefore
BE IT RESOLVED that the Township Manager is hereby directed to arrange for the Department of Community Services to place lines or markings on the curb and/or street so as to prohibit parking within four feet from the edge of all driveways on Lorraine Avenue between Valley Road and Norwood Avenue.
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On motion made by Councilor Lang and duly seconded, the following resolution was adopted by the following vote: “Aye,” Deputy Mayor Michaelson and Councilors Freier, Lang and Schlager. “Nay” Councilor Mattox.
BE AND IT HEREBY IS RESOLVED that the attached Policies and Procedures for the Township Cable Television Station are hereby adopted and will take effect immediately.
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On motion made by Councilor Schlager 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.
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WHEREAS, the Township of Montclair, in the County of Essex, New Jersey (the “Township”) desires to make application to the Local Finance Board for its review and approval of a proposed nonconforming maturity schedule for the following bonds:
(i) $14, 900,000 School Bonds, dated May 15, 2008; and
(ii) $11,518,000 General Improvement Bonds, dated September 1, 2008.
WHEREAS, the Township believes that:
(a) it is in the public interest to accomplish such purpose;
(b) the purpose is for the health, the welfare, the convenience or the betterment of the inhabitants of the Township;
(c) the amounts to be expended for the purpose are not unreasonable or exorbitant;
(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township;
now therefore
BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY AS FOLLOWS:
Section 1. The application to the Local Finance Board is hereby approved, and the Township’s Bond Counsel, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.
Section 2. The Clerk of the Township is hereby directed to prepare and to file a copy of the proposed resolutions with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and approvals as provided by the applicable New Jersey Statue
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote
WHEREAS, there exists a need for the Township of Montclair to enter into an agreement for the sale and disposition of recyclable materials recovered through the Township’s recycling program; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(s), provides that municipalities may enter into contracts for the sale and disposition of recyclable materials without public 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, Zozzaro Brothers, Inc. has completed and submitted a Business Entity Disclosure Certification certifying that it 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 corporation 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, that the Township Manager be and he is hereby authorized to execute a Recycling Agreement with Zozzaro Brothers, Inc. in the form attached hereto and made a part hereof.
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On motion made by Councilor Mattox and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, the Township, School Board and the Safe Routes to School Technical Advisory Committee support the establishment of a district wide Safe Routes to School 2008 Funding Application, and
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WHEREAS, the Montclair School District consists of 8 elementary schools and 3 middle
schools over 6.3 square miles, and
WHEREAS, the Rand Elementary School participated in a Safe Routes to School
Demonstration Program in 2005 sponsored by the New Jersey Department of
Transportation, and
WHEREAS, the Rand School was awarded a grant in the sum of $291, 900 from the New
Jersey Department of Transportation in 2007, and
WHEREAS, the Rand School is considered a “Success Story” by the New Jersey
Department of Transportation because of its commitment to building partnerships, and
WHEREAS, the Township of Montclair will develop a district wide program building from
the success of the Rand Elementary School, and
WHEREAS, the Safe Routes to School Program will support and encourage students to
walk and bike to school through on-going programs, and through improvements to the
walking and biking environment, and
WHEREAS, the Safe Routes to School Program will support and encourage increased
parent education and community involvement, decrease the amount of traffic near the
schools, and encourage children maintain an independent and healthy lifestyle, and
WHEREAS, the Safe Routes to School Program provides a means to pursue public policy
goals related to:
• Reducing traffic congestion around schools
• Creating safer, calmer streets and neighborhoods
• Improving air quality and providing a cleaner environment
• Increasing physical activity for children
• Fostering a healthier lifestyle for the whole family, and
WHEREAS, the Safe Routes to School Program will support objectives such as:
• Teaching age-appropriate walking and bicycle traffic safety skills routinely in school and offering special events such as Walk and Bike to School Days, and other encouragement models including classroom participation and contests
• Providing opportunities for the community to participate in developing plans for making streets, sidewalks, pathways, trails, and crosswalks safe, convenient and attractive for walking and bicycling to school
• Enforcing all traffic laws near schools and on school routes, and in other areas of high pedestrian and bicycle activity
• Applying the use of human and technological resources, including volunteers, to provide routes to school that feel secure to both parents and children alike, and
WHEREAS, there will be participation by school and district administrators, teachers,
students, parents, and municipal and community representatives to implement the Safe
Routes to School Program; now therefore
BE IT RESOLVED that the Township of Montclair Council and Township of Montclair
Board of Education jointly endorse the Township of Montclair Safe Routes to School
Program
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On motion made by Councilor Schlager 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.
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that COUNCILOR JEROLD FREIER and COUNCILOR SANDRA LANG be and they are hereby appointed to serve on the Board of School Estimate for the period from January 1, 2008 through June 30, 2008.
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On motion made by Councilor Schlager 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 hereafter stated to wit: $824,651.10
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REPORTS AND COMMUNICATIONS
Councilor Lang thanked the Civil Rights Commission for arranging a dialog on Police/Community Relations with the Township Manager, Police Chief, and the Superintendent of Schools.
Deputy Mayor Michaelson commended the Department of Community Services during the recent storm.
Councilor Schlager thanked Township Manager Joseph Hartnett for presenting a seminar on “Local Government” and asked if he would repeat it. Mr. Hartnett agreed. This program can be viewed on Channel 34 in the near future
Mr. Hartnett thanked the Council for their support of the recent recycling contract.
Councilor Mattox announced a “Listening Night” on Thursday, March 13, 2008 at the United Way Building.
PUBLIC COMMENT
Deputy Mayor Michaelson 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:
Jacqueline Grinrod, Congressmen Pascrell’s Deputy Director announced that she will attend the first meeting of each month in order to address Montclair residents’ concerns.
Robin Woods, 50 Pine St, expressed concern regarding the recent Police/Community meeting. She stressed that there was no opportunity for a discussion between members of the audience and the panel. Ms. Woods suggested that any future public forums provide for free and open discussion between all parties.
Haywood Woods, 50 Pine St, asked when the fence at the Pine Street culvert would be repaired. Mr. Hartnett stated that this was a county matter and he will reach out to them to address the problem.
Dawn Muhammad, 214 Valley Rd, reported on an incident which occurred between the Montclair Police Department and two young students. She asked for an update on proper police procedure and a follow-up report on this incident.
Tab Cox, 37 North Willow St, reported that he has been stopped by the Montclair Police Department several times because “he looks like somebody.” He believes the police need more sensitivity training.
Audrey Hawley, 17 Granada Pl, disapproved of the format of the Police/Community Relations meeting. She believes that bringing concerns to the Civil Rights Commission is “falling on deaf ears.” Ms. Hawley also called for sensitivity and diversity training for the Montclair Police Department.
Kabir Baber, 77 Orange Rd, noted that there are three sides to every story: “My side, your side and the truth.” He attended the forum but his questions were not addressed. Mr. Baber is also concerned about the present perception of the Township.
David Herron, 3 Hawthorne Pl, also was present at the police community forum and believes “perception becomes reality.” He asked when the municipality was going to utilize the Department of Justice training which is provided at no charge. Mr. Herron also expressed concern regarding the administration of the recent alcohol related ordinance and the status of his recent OPRA request.
Harant Yousoufian, 1 Argyle Rd. expressed alarm over the Council’s refusal to reconsider moving forward with the construction of a new $35m school.
Nick Fiornascente, 165 Valley Rd, asked the Council and the Board of Education to focus on “no increase in taxes,” this year.
Jarvis Hawley, 17 Granada Pl, observed that there appeared to be a purposeful division between the community and the police representatives. He also noted that there are few African American employees within the higher ranks of the Police and Fire Departments.
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Cary Africk, 2 Erwin Park, asked for an update on the disposition of the Wildwood property and the status of the Municipal Forestry Plan. Township Manager Joseph Hartnett reported that the Township has applied for and received a grant to consider a Forestry Plan.
There being no one else present wishing to be heard, Deputy Mayor Michaelson closed the hearing.
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At 9:41 P.M., on motion made by Deputy Mayor Michaelson and duly seconded, the Regular Meeting was adjourned by unanimous vote.
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JOYCE R. MICHAELSON DEPUTY MAYOR
ATTEST:
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LINDA S. WANATMUNICIPAL CLERK
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