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MONTCLAIR, NEW JERSEY
May 6, 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 7:14 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.
Absent: Councilor Mattox

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

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Mayor Remsen stated that no political statements will be allowed during the course of this evening’s meeting.

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He reported that Township Attorney Alan Trembulak will present a shade tree ordinance, and an ordinance which addresses the siting of storage pods to the Council in time for action before the end of the Council term. Additional information will be provided to the Council on these matters.

Mayor Remsen will meet with the Housing Commission to discuss “accessory dwelling units.” He also updated the Council on the status of the proposed McMullen gift for the Clary Anderson arena.

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RECEIVE: Montclair Economic Development Corporation, Guests: Steve Schuckman, President, Eva Santiago Roundtree, Mary Tetzloff, Tom Moloughney, and John Deermont.

Mr. Schuckman updated the Council on the initiatives of this group including:
▪ Explore intra modal transportaion
▪ Institute a 2009 Restaurant week.
▪ Develop a “How to” packet for new business
▪ Serve as coordinator for the Montclair Farmer’s Market (most successful in Essex      County)
▪ Foster relationship’s between MEDC and MSU, and other Township business districts.
▪ Explore the development of other “BID” organizations within the municipality.
▪ Develop programs with “Project Excellence” and the Montclair Arts Council.

Mr. Schuckman asked the Council to continue to fund this organization at its current level ($40,000).

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OVERNIGHT PARKING

Township Manager Joseph Hartnett asked the Council for the best ways to address the problem of overnight parking within the Township. Deputy Mayor Michaelson noted that the Parking Advisory Committee has reviewed the matter and concluded it was best to address overnight parking on a street by street basis.

Councilor Tobin advocates the continuation of a ban on overnight parking. Councilor Schlager concurred for safety reasons.

Councilor Freier suggested that overnight parking be allowed on Saturday nights on one side of the street only if a “use” study warranted it.

Councilor Lang concurred with an overnight parking ban, however, she believes some provisions must be made for special circumstances.

Deputy Mayor Michaelson referenced the financial implications of overnight parking. She believes there are other solutions.

Mayor Remsen recommended that the Township move prudently and look at how other municipalities address the problem.

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Mayor Remsen asked the Township Manager to review how information is posted on the website by individual departments.

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POOL UPDATE

All Township pools will be opened on Memorial Day. Last year’s use by Montclair families increased substantially. Pool hours may also be extended.

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DIRECTIONAL SIGNS: Montclair Public Library

Mr Hartnett proferred a request from the MPL to install directional signs on Bloomfield Avenue.

Mayor Remsen suggested that the Township develop a universal policy for installation of signs.

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At 8:04 P.M. on motion made by Mayor Remsen 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 8:11 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.
Absent: Councilor Mattox

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

MAYOR’S REPORT

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PENDING ORDINANCES

The pending ordinance entitled: “BOND ORDINANCE APPROPRIATING $5,346,848 FOR VARIOUS IMPROVEMENTS TO SCHOOL BUILDINGS AND GROUNDS IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $5,346,848 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF” (08-14) passed first reading April 15, 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.

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NEW BUSINESS

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

WHEREAS, there exists a need to purchase a new street cleaner for the Department of Community Services to supplement its existing two street sweepers which are aging rapidly and require significant maintenance; and

WHEREAS, on April 23, 2008, the Township of Montclair opened and read bids for the purchase of one (1) 2008 Elgin Geovac with GMC T7500 Chassis Vacuum Street Sweeper, as prescribed by law; and

WHEREAS, W.E. Timmerman Co. Inc., 3554 Route 22 West, P.O. Box 71, Whitehouse, New Jersey, submitted the only responsible bid conforming to the specifications in the amount of $219,880.00; 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 W.E. Timmerman Co., Inc. for the purchase of one (1) New 2008 Elgin Geovac Pure Vacuum Street Sweeper for a sum not to exceed $219,880.00 in accordance with the memorandum attached hereto, pending Certification of Funds by the Chief Financial Officer; and
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BE IT FURTHER RESOLVED, that the funds for this purchase have been appropriated on the 2008 Capital Budget, Account Number C-04-08-010-000-201, Complete details of the contract are attached hereto and made a part hereof.

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

WHEREAS, on April 30, 2008 the Township of Montclair opened and read a bid for the Purchase and Delivery of One New 10 Yard Combination Sewer Cleaner and Vacuum Manhole Cleaner, Mounted on a Heavy-Duty Truck Chassis, as specified and as prescribed by law; and

WHEREAS, JET-VAC, INC. submitted the only responsible bid according to the specifications, at a total price (Base Bid and Options 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13) of $315,860.00; and

WHEREAS, the monies for this purchase have been appropriated in the following Capital Budget accounts:

Ordinance 06-38 (b)S-23-06-038-000-200$245,000.00
    “Acquisition of Vehicles”

Ordinance 07-44 (a)S-23-07-044-000-200$ 70,860.00
    “Acquisition of Vehicles”

now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Jet Vac, Inc. be and they are hereby awarded the above-stated contract, pending certification of funds by the Finance Director. Complete details of the contract are attached hereto and made a part hereof.

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

WHEREAS, an emergent condition has arisen in that the Township is expected to enter in contracts, commitments or payments prior to the 2008 budget and no adequate provision has been made in the 2008 temporary budget for the aforesaid purposes, and

WHEREAS, N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose, and

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2008 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total as follows:

Current Fund$12,551,231.58

Water Operating Fund    773,300.00

Sewer Operating Fund    882,800.00

Total$14,207,331.58

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair in the County of Essex, State of New Jersey, (not less than two thirds of all the members therof affirmatively concurring) that in accordance with the provisions of N.J.S.A 40A:4-20:

• Emergency temporary appropriations be and the same are hereby made in amount of $4,759,440.00 as per the attached schedule.

• Said emergency temporary appropriations will be provided for the 2008 budget.

• That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

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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, on April 23, 2008 the Township of Montclair opened and read bids for street improvements on South Fullerton Avenue (The Crescent to Orange Road), as prescribed by law; and

WHEREAS, this contract has been awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-To-Play law, N.J.S.A. 19:44A-20.4 et seq.; and

WHEREAS, CIFELLI AND SON GENERAL CONSTRUCTION of 2 Cappola Street, Nutley, NJ submitted the lowest responsible bid, according to the specifications, in the amount of $439,778.03; and

Whereas, the monies for this project have been appropriated in the following Capital Budget Accounts:

OrdinanceDescriptionAccount No.Amount
08-10Street ImprovementC-04-08-010-000-102    $439,778.03

And

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that CIFELLI AND SON GENERAL CONSTRUCTION be and they are hereby awarded the above-stated contract, subject to the New Jersey Department of Transportation’s approval and pending certification of funds by the Finance Director. Details of the Contract 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, Jackie Schneider, who has served the community for many years through her involvement and leadership as Executive Director of the American Red Cross Montclair-Glen Ridge-Nutley Chapter, is being honored on June 5, 2008; and

WHEREAS Ms, Schneider began her career in August 1991 as a Financial Administrator and Director of Volunteers, moving in December 1996 to the position of Executive Director where she remained until her recent retirement; and

WHEREAS, after directing the Montclair chapter’s mergers with Glen Ridge and Nutley Red Cross chapters. Ms. Schneider administered Red Cross services in all three communities, leading the organization through such disasters as September 11th, Hurricane Katrina, and the Tsunami; and

WHEREAS, Ms. Schneider’s dedication to the Red Cross and its mission of providing relief to victims of disasters and helping people prevent, prepare for, and respond to emergencies has been made apparent over her many years of hard work; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, recognizes the many contributions JACKIE SCHNEIDER has made to our community and join with her family, friends, and Montclair residents in recognizing her for her many years of service to the Township of Montclair.

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On a 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 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: $723,768.76

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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: Oaths of Office:

Joseph Bates, Lieutenant in the Montclair Fire Department
Thomas Deveny, Battalion Chief in the Montclair Fire Department
Daniel Ernst, Lieutenant in the Montclair Fire Department
Robert Pizzuti Jr., Captin in the Montclair Fire Department

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One Annual Financial Statement for the Year 2007 (unaudited).

One certified copy of the Resolution #2008-136 “A Resolution Expressing Opposition to S-1445 Mandating a County Wide Biding Referendum on the Transfer of a Predetermined Package of Municipal Responsibilities” from the Municipal Clerk of the Township of Fairfield.

A letter informing the Clerk that a Passaic Valley Sewerage Commissioners will hold a public meeting on June 18, 2008

Initiation of Proceedings in the matter of the petition of the Township of Montclair regarding the designation of a Quiet Zone at the grade crossings listed below and the tracks for New Jersey Transit in the Township of Montclair, in the County of Essex.

One letter to advance our mutual effort to establish a tripartite Policy Board of Directors for the Montclair Neighborhood Development Corporation as required by the Community Service Block Grant Program.

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Councilor Tobin referenced a number of community events taking place within the Township which certainly reflect the “Spirit of the Township”

Councilor Schlager asked for an update on Township playing fields. Mr. Hartnett responded that work on Kaveny Field is almost complete. Both Kaveny and Mountainside fields will be “ready to go” shortly.

Deputy Mayor Michaelson reported that the Parking Advisory Committee will study problems associated with overnight parking within the Township and report to the Council.

Mayor Remsen noted that the Council will continue their discussion of accessory housing units at the meeting of May 20. He also reported that the “all accessible” playground is moving forward.

Councilor Freier reminded citizens to be aware of safety issues during the warm weather when youngsters are playing outdoors.

Councilor Lang asked the status of four-way stop signs at the corner of Cedar Avenue and High Street. She also reported that the Housing Commission and the Landlord Tenant Committee will be working together to review/revise applicable Township Codes.

Township Manager Joseph Hartnett announced that the Township engineering staff will prepare a map of all possible locations for four-way stops. He also reported that Montclair bond has received a rating of A1.

Municipal Clerk Linda S. Wanat wished the Township of Montclair a belated 140th Birthday.

Alan Trembulak announced that he is currently developing a tree preservation ordinance, an accessory dwelling ordinance and a “pod siting” ordinance

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PUBLIC COMMENT

Kabir Babir, 77 Orange Road, also congratulated the Township on its 140th birthday. He noted the number of registered voters within the Township and urged all to not only vote in the upcoming Municipal Election but to come together as a community.

Tennysun Williams, 65 Cedar Avenue, complained about the condition of the Nishuane Parking lot and private vehicles stored on that site.

David Herron, 3 Hawthorne Place, expressed “outrage” upon the receipt of a recent notification indicating a change in his voting ward and district.

Joyce Goldman, 5 Roosevelt Place, clarified the position of the County Executive in relation to Essex County Election Officials.

William Scott, 24 Cedar Avenue, suggested that the Township Council adopt a resolution to investigate the ward and district changes.

Mayor Remsen moved that Township Attorney Alan Trembulak and Municipal Clerk Linda Wanat take all the necessary steps to investigate this action. The motion was adopted by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Lang, Schlager and Tobin. “Abstain” Councilor Freier.
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Mark Reynolds, 155 Christopher St, asked how voters would be notified if any change was enacted by the State of New Jersey prior to the upcoming municipal election.

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

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At 9:18 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

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ED REMSEN MAYOR

ATTEST:

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LINDA S. WANATMUNICIPAL CLERK