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MONTCLAIR, NEW JERSEYFebruary 26, 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.

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Township Manager Joseph Hartnett reported on a recent meeting with representatives of Nutley and Glen Ridge to discuss shared animal control services. Several scenarios were advanced and will be explored.

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At 7:26 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:

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 7:46 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 7:47 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 8:00 P.M.
Present: Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin.
Absent: Mayor Remsen

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

On a motion made by Deputy Mayor Michaelson and duly seconded, the minutes of January 8, and 15, 2008 were approved by unanimous vote.

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PENDING ORDINANCES

The pending ordinance entitled: “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 (2008 MANAGEMENT (NON-UNION) SALARY ORDINANCE”) (08-06) 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.
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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 the following vote: “Ayes,” Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin. “Nays,” Councilor Mattox

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The pending ordinance entitled: “AN ORDINANCE FIXING SALARY RANGES FOR CERTAIN OFFICERS IN THE POLICE DEPARTMENT OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY FOR 2008 (2008 POLICE CHIEF & DEPUTY CHIEF SALARY ORDINANCE”) (08-07) 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.

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 the following vote: “Ayes,” Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin. “Nays,” Councilor Mattox.

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The pending ordinance entitled: “AN ORDINANCE FIXING SALARY RANGES FOR CERTAIN OFFICERS IN THE FIRE DEPARTMENT OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY FOR 2008 (2008 FIRE CHIEF & DEPUTY CHIEF SALARY ORDINANCE) (08-08) 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.

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 the following vote: “Ayes,” Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin. “Nays,” Councilor Mattox.

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Councilor Mattox stated that he wished to wait until the impact of Governor Corzine’s municipal aid reduction was determined before supporting any salary increase.

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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.

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

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WHEREAS, by Resolution dated January 15, 2008, the Township Council introduced and approved the proposed 2008 budget for the Montclair Center Corporation, the district management corporation responsible for management and operation of the Montclair Center Special Improvement District; and

WHEREAS, the proposed budget has been advertised and public hearing has been held in accordance with the requirements of N.J.S.A 40:56-84 and Montclair Code Section 293-3; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the 2008 Budget received from the Montclair Center Corporation be and it is hereby adopted.

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

WHEREAS, the Federal Telecommunications Act of 1996 (the “FTA”) preserves local zoning authority to reasonably regulate the location of wireless telecommunication facilities, but also mandates that local government authorities not unreasonably discriminate among FCC license holders and that such authorities may not prohibit, or adopt regulations which have the effect of prohibiting, the provision of wireless services; and

WHEREAS, Section 347-17.1 of the Township Code provides for the establishment and/or expansion of wireless telecommunication services in the Township of Montclair in a manner so as to protect residential neighborhoods and minimize the adverse visual and operational effects of wireless telecommunications facilities through careful design, location and screening of such facilities; and

WHEREAS, Section 347-17.1.C(1) confirms the Township’s policy and preference that telecommunications facilities be installed on property owned by the Township, and that the Township attempt to minimize the location of such facilities in visually sensitive areas and protect residential areas from potential adverse impacts of communication equipment; and

WHEREAS, telecommunication providers continually seek locations throughout the Township for the installation of telecommunications facilities and antennae, including locations for the erection of monopoles; and

WHEREAS, the Township Council has determined that the public policies expressed in the aforementioned sections of the Township Code would be advanced by considering the installation of a cellular monopole at the Department of the Community Services/Public Works yard located at 219 North Fullerton Avenue; 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 solicit bids and/or proposals for the design, installation and/or operation of a monopole for cellular communications at the Department of Community Services/Public Works Yard located at 219 North Fullerton Avenue in accordance with the applicable provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and/or the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq.

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

WHEREAS, the Township Council previously adopted a Resolution authorizing the execution of a professional services contract with Wank Adams Slavin Associates LLP for design and consulting services related to potential renovations and improvements to the Clary Anderson Arena; and

WHEREAS, the Township desire to amend the aforementioned agreement to include the preparation of professional renderings for presentations to a potential donor for this project; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that a change order and amendment to the Township’s professional services agreement with Wank Adams Slavin Associates LLP is hereby approved in the form attached hereto and part a hereof, subject to certification of available funds by the Chief Financial Officer.

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Councilor Schlager asked the Township Manager to include neighbors in the area of the Clary Anderson Arena in this process.

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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. 40:5-2, a municipality is authorized to appropriate such funds as it deems necessary for the purchase of first aid, ambulance, rescue or other emergency vehicles for use by any duly incorporated volunteer ambulance or rescue squad rendering service throughout the municipality; and

WHEREAS, the Township Council has determined that there is a need to purchase a new ambulance to be used by the Montclair Volunteer Ambulance Unit to provide emergency first aid and ambulance services throughout the Township, and the sum of $125,000.00 has previously been appropriated for this purchase in Township Ordinance 07-034; and

WHEREAS, the Township solicited public bids for the purchase of a new 2008 Ford E-350 Type III Ambulance for the Montclair Volunteer Ambulance Unit in accordance with the Local Public Contracts Law; and

WHEREAS, on January 3, 2008, the Township opened and read bids received for the purchase of the aforesaid ambulance as specified and prescribed by law; and

WHEREAS, one bid was received for the specified vehicle from Bay Head Investments, Inc., d/b/a. ‘V.C.I.” in the amount of $142,700.04 which bid was in accordance with the prescribed specifications; and

WHEREAS, the Montclair Volunteer Ambulance Unit has contributed $17,700.04 to the Township in order to provide the funds needed to purchase the aforesaid vehicle in addition to the $125,000.00 appropriated in Ordinance 07-034; now therefore

BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that Bay Head Investments, Inc. be and is hereby awarded a contract for the purchase and delivery of one (1) New 2008 Ford E-350 Type III Ambulance for the sum of $142,700.04, pending certification of available funds by the Chief Financial Officer. Title to the vehicle shall remain with the Township as required by N.J.S.A. 40:5-2.

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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 ALFREDO HANNON be and he hereby is APPOINTED to serve as a MEMBER effective immediately and terminating December 31, 2009.

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

WHEREAS, there exists a continued need for the Township of Montclair to hire a consultant to advise and consult with the Township regarding economic and community development and quality of life issues; to bring together and represent a broad cross-section of citizens and community interests to advise Township officials; to manage various economic development, community development, and quality of life projects for the Township, and to coordinate a range of projects and programs aimed at improving the economic viability of the commercial districts within the Township of Montclair; and

WHEREAS, the services required by the Township constitute extraordinary unspecifiable services in that there is a critical and essential need for expertise, extensive training and proven reputation in the field of economic development within the Township of Montclair and the services are of such a qualitative nature that the performance of the services cannot be reasonably described by written specifications; and

WHEREAS, N.J.S.A. 40A:11-5(1)(a)(ii) of the Local Public Contracts Law permits a municipality to enter into contracts for extraordinary unspecifable services without competitive bidding; and

WHEREAS, the Township Council has received a Standard Certification Declaration for An Extraordinary Unspecifiable Service as required by the Division of Local Government Services; and

WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A. 19:44A-20.5 et seq.; and

WHEREAS, the Montclair Economic Development Corporation has completed and submitted a Business Entity Disclosure Certification which certifies that it has not made any reportable contributions to a political or candidate committee in the Township of Montclair in the previous one year, and the contract

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will prohibit said corporation from making any reportable contributions during the term of the contract, now therefore,

BE IT RESOLVED by the Council for 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 with the Montclair Economic Development Corporation in the form attached hereto and made a part hereof.

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

WHEREAS, the governing body of the Township of Montclair, County of Essex, State of New Jersey desires to amend the 2008 Temporary Capital Budget, approved February 19, 2008, of said municipality by inserting therein additional various capital projects; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, County of Essex, as follows:

Section 1. The 2008 Temporary Capital Budget of the Township of Montclair, County of Essex, is hereby amended by replacing the existing schedule approved on February 19, 2008 with the adoption of a schedule to read as follows:

Section 2. The Township Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey, within three days after the adoption of these projects for the 2008 Temporary Capital Budget, to be included in the 2008 Permanent Capital Budget as adopted.

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

WHEREAS, by resolution adopted July 24, 2007, the Township of Montclair, pursuant to advertise duly made, awarded a contract to Zenith Construction Services, Inc. of 256 Grant Avenue, East Newark, New Jersey for construction of parks improvements, for an amount not to exceed 650,000.00; and

WHEREAS, by memorandum dated February 25, 2008, the Township Engineer recommended that the contract be amended to reflect an increase in the amount of work and/or materials actually required to fully complete the contract; and

WHEREAS, the Township Manager has indicated his concurrence with the Township Engineer’s recommendation; and

WHEREAS, based on the foregoing, the Township Council has determined that it is necessary and appropriate to approve a change order to the subject contract (Change Order #1) in the amount of $29,469.00; and

WHEREAS, the funds for this change order have been appropriated in the following capital accounts:

Ordinance Account No.DescriptionAmounts
07-06 C-04-07-006-000-100 Tennis Courts, Parks Improvements$29,469.00;
now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor and the Township Clerk be and they are authorized to execute and attest Change Order #1 to the contract with Zenith Constuction Services, Inc. by increasing the contract price by the sum of $23,469.00, pending the certification of funds by the Chief Financial Officer.

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

WHEREAS, on February 20, 2008 the Township of Montclair opened and read bids for Mountainside Park Tennis court improvements; and

WHEREAS, it has since been determined that due to field conditions this project will not be able to be constructed at this time; and

WHEREAS, the Township reserves the right to reject any and all bids as necessary; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that all bids received for the aforesaid project on February 20, 2008 be and are hereby rejected at this time.

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

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WHEREAS, Homes of Montclair Ecumenical Corp. – HOMECorp – is a community based, non-profit organization located in Montclair which was founded in 1988 by a group of clergy and local residents who were concerned about the growing lack of affordable housing in Montclair for families who need it most; and

WHEREAS, HOMECorp’s organization mission is to provide safe, permanently affordable homes in Montclair and to promote neighborhood development; and

WHEREAS, HOMECorp’s organization mission is to provide safe, permanently affordable homes in Montclair and to promote neighborhood development; and

WHEREAS Since 1988 HOMECorp’s most significant accomplishments include housing in excess of 275 residents, development of 83 affordable units occupied by low, moderate and middle income residents, and providing housing counseling services to over 2,400 individuals; and

WHEREAS On March 13, 2008 HOMECorp will celebrate 20 years as Montclair’s sole organization dedicated exclusively to affordable housing development; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, congratulate Homes of Montclair Ecumenical Corp. on the occasion of their 20th Anniversary, commend the significant contributions they have made to Montclair’s community life, and extend best wishes in the years that lie ahead.

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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, Schlager and Tobin. “Nays,” 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 hereafter stated to wit: $419,265.30.

REPORTS AND COMMUNICATION

Councilor Lang congratulated the African American Parade Committee on a most successful film festival. She announced that the Civil Rights Commission will hold a forum on “Police Community Relations” on March 6, 2008.

Councilor Freier addressed citizen’s inquiries regarding the installation of street lights and speed bumps (tables) within the Township. These may be addressed by petition from those residents affected by same.

Deputy Mayor Michaelson reported that the Parking Advisory Committee is currently reviewing the effectiveness of speed tables.

Councilor Mattox lauded the Montclair Art Museum for a fantastic Jazz event. He noted that he will hold another “Listening Night” on March 12, 2008 at the Montclair Public Library.

Councilor Schlager attended an assembly in celebration of African American History Month. She reminded the audience that, beginning March 1, 2008, the use of handheld phones while driving will be illegal.

Councilor Tobin also was pleased to attend the African-American History event at Montclair High School. He noted the “professionalism” of all those associated with the student assembly.

Township Manager Joseph Hartnett thanked the Councilors for their support of the Montclair Volunteer Ambulance Unit. He also expressed appreciation to Department of Community Services’ employees for a superior snow removal effort.

Mr. Hartnett distributed a report which reflects an improvement in risk management and insurance programs within the municipality. The Township continues to utilize input from the self-insurance and safety committees regarding this area. Mr. Hartnett especially commended Township Attorney Alan Trembulak and Assistant Township Attorney Joseph Angelo and thanked them for their efforts.

Mr. Hartnett will conduct a seminar on the Montclair’s form of government on Saturday, March 1, 2008, First Floor Council Chambers, from 9-10:30 am. This event is co-sponsored by the Montclair Times and all are invited.

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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:

Cary Africk, 2 Erwin Park, suggested that the Township consult with Rutgers University regarding the appropriate turf material for athletic playing fields.

Mr. Hrant Yousofian, 1 Argyle Rd, noted that justification for construction of a new school emanated from a 2001 report. He believes that this information is no longer valid and asked the Council to reconsider this initiative.

Councilor Tobin expressed his desire to “wait until the bids are in” before making a determination.

Councilor Mattox stated that he was “open to a complete review of a new school initiative.”

Mia Norrie, 32 Cloverhill Pl, thanked Councilor Lang for attending their recent “Neighborhood Association” meeting. Police Chief Sabagh was also in attendance. Concerns include installation of additional street lights and speed tables.

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

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At 8:59 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