-87-

MONTCLAIR, NEW JERSEY
May 27, 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 7:16 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.

***

The Council agreed to withdraw the appointment resolutions to the Civil Rights Commission and the Parking Advisory Committee at this time

***

Councilor Mattox joined the meeting.

***

At 7:30 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:

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 8:04 P.M. on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

***

At 8:05 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 Ave, for a Regular Meeting at 8:10 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 a motion made by Mayor Remsen and duly seconded, the minutes of March 18, 25, 2008 and April 8 and 15, 2008 were approved by unanimous vote.

***

PENDING ORDINANCES

The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING SECTION 327-5 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE” TO DESIGNATE GARDEN STREET AS A ONE WAY STREET” (08-15) passed first reading April 29, 2008

-88-

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.

Gregory Waters, 10 Garden St, presented a petition from residents of Garden Street opposing a one-way designation for that street.

Jonathon Sander, 12 Garden St, emphasized that the problems associated with traffic and parking could be alleviated by simply clarifying and consistently enforcing the rules.

Patricia Way, 307 N. Fullerton, believes that drop off zones, cooperation among parents, occasional police presence and goodwill on everybody’s part will be more effective than a one-way street designation for safety purposes.

Anthony Petrigliano, 9 Garden Street, stated that a major concern was “blocked driveways” which would not be addressed by creating a one-way street. He proposed that temporary one-way restrictions be continued and that police enforcement be relaxed during school days and special functions.

Ethan Skerry, 11 Garden St, reiterated earlier concerns but believes creation of a 24 hour one-way street would have the unintended effect of creating additional safety problems

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

On motion made by Mayor Remsen and duly seconded, the ordinance was TABLED TO AN UNSPECIFIED DATE by unanimous vote.

***

NEW BUSINESS

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 June 24, 2008.

“ORDINANCE AMENDING SECTIONS 202-41 AND 202-42 OF THE TOWNSHIP CODE (THE “DEVELOPMENT FEE ORDINANCE”) TO PROVIDE FOR AN INCREASE IN DEVELOPMENT FEES IN ACCORDANCE WITH THE “THIRD ROUND” REGULATIONS ADOPTED BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING” (08-17)

The motion was adopted by unanimous vote.

***

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 June 24, 2008.

“AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MONTCLAIR TO ESTABLISH REGULATIONS GOVERNING THE PLACEMENT AND USE OF PORTABLE STORAGE UNITS” (08-18)

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 June 24, 2008.

“ORDINANCE AMENDING AND SUPPLEMENTING THE ZONING ORDINANCE (CHAPTER 347 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR) TO PERMIT THE ESTABLISHMENT OF ACCESSORY DWELLING UNITS AS CONDITIONAL USES IN ALL SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS” (08-19)

The motion was adopted by the following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson, Councilors Lang and Schlager. “Nays” Councilors Freier, Mattox and Tobin

***

-89-

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

WHEREAS, on May 7, 2008, the Township of Montclair opened and read bid specifications for Repair and Maintenance Services for the Township of Montclair Fire Department Vehicles as prescribed by law; and

WHEREAS, two companies submitted bids for the various services listed in the bid specifications, namely FIRE and SAFETY SERVICES, INC. and FEDERATED FIRE SERVICES, INC.; and

WHEREAS, both bids included firm prices for a two year period; and

WHEREAS, in view of the fact that the fire apparatus operate 24 hours a day, 7 days a week, it is essential that these vehicles be serviced on a priority basis to minimize the time any vehicles are out of service; and

WHEREAS, the Township has decided to award contracts to each of the two bidders which will include a provision that the bidder who submitted the lowest bid for the particular services required will be utilized to provide said services, but that if said bidder cannot perform the service within the required time frame, the second low bidder will be engaged to perform the required service; now therefore

BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that Fire and Safety Services, Ltd., and Federated Fire Services, Inc. be and they are hereby awarded contracts to perform repair and maintenance services for the Township of Montclair Fire Department vehicles, in a form to be approved by the Township Attorney, pending certification of available funds by the Chief Financial Officer. A summary of the bid results is attached hereto and made a part hereof.

***

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

BE AND IT IS HEREBY RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the attached agreement with the New Jersey Department of Transportation for the provision of the services of municipal police officers for the Bloomfield Avenue Bridge Project as attached is hereby approved, said services to be paid by the N.J.D.O.T; and

BE IT FURTHER RESOLVED that the Township Manager be and her hereby is authorized to execute the attached agreement on behalf of the Township.

***

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

WHEREAS, the Township of Montclair collects development fees and inclusionary zoning fees pursuant to Montclair Code Section 202-39 et seq. and Montclair Code Section 347-151 et seq. respectively; and

WHEREAS, the New Jersey Council on Affordable Housing (COAH) requires that municipalities prepare a Spending Plan projecting the annual revenues to be collected from development fees and inclisionary zoning fees and delineation how those revenues will be spent; and

WHEREAS, the Township Council adopted a Spending Plan on October 8, 2002; and

WHEREAS, the Spending Plan has been revised to incorporate COAH’s “third round” rules, the Townships Inclusionary Zoning Ordinance, and specific projects for which the Township Council has authorized funding; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Council hereby approved the revised Spending Plan attached hereto and authorizes the Township Planner to forward the revised plan to COAH for its review and approval.

***

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

WHEREAS, there exists a continuing need for the Township of Montclair to engage the services of a firm to provide affordable housing services on behalf of the Township; and

-90-

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 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 affordable housing and the services are of such a qualitative nature that the performance of the services cannot be reasonably described by written specifications; 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; 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 the attached Agreement with Homes of Montclair Ecumenical Corp. (“HOMECorp”) for affordable housing services during the period from April 1, 2008 through March 31, 2009, for the sum of $36,000.00.

BE IT FURTHER RESOLVED that payment of all funds due pursuant to the attached Agreement shall be made from development fees deposited with the Montclair Housing Trust Fund pursuant to Code Section 202-45.

BE IT FURTHER RESOLVED that the Township Clerk shall publish a notice 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.

***

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

WHEREAS, Governing bodies are concerned about their ability to manage their employees using methods in the most appropriate and efficient manner possible; and

WHEREAS, Governing bodies further believe that it is an employers’ right to hire, promote, transfer, assign or retain employees in position deemed necessary and appropriate; and

WHEREAS, Senate Bill No. 1137 world re-define the New Jersey Public Employment Relations Commission (PERC) law by assign new mandatory subjects of collective bargaining and issues that have been historically non-negotiable would become negotiable.

WHEREAS, S-1137 will diminish the authority of municipalities over their day to day operations and severely impair the ability to manage personnel in an effective manner; and

WHEREAS, these changes would be imposed on governing bodies while under severe financial stress, and the State announced plans to substantially reduce or eliminate State aid to many municipalities; and

WHEREAS, S-1197 would increase the time and cost of negotiations which cost ultimately falls on our beleaguered property taxpayers; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, adamantly opposed adoption of S-1137 which impinges n local management prerogatives, increases costs to taxpayers, would potentially result in protracted costly negotiations and advances encroachments by public unions; and

BE IT FURTHER RESOLVED, a certified copy of this resolution is hereby forwarded to Governor Jon Corzine, Senator Nia Gill, Assemblywoman Sheila Y. Oliver, Assemblyman Thomas P. Giblin and the N.J. League of Municipalities.

***

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

WHEREAS, On November 29, 1947 the United Nations General Assembly voted to partition the British Mandate of Palestine, and through that vote, to create the State of Israel. Israel was declared an independent nation May 14, 1948; and

WHEREAS, 2008 marks the 60th anniversary if the founding of the modern Jewish State of Israel and beginning on the 60th anniversary of the UN Partition Plan vote – November 29, 2007 – Israel began holding a series of events to celebrate its diamond jubilee; and

-91-

WHEREAS, Since its establishment sixty years ago, the modern State of Israel has rebuilt a nation, forged a new and dynamic society, and created a unique and vital economic, political, cultural, and intellectual life despite the heavy costs of six wars, terrorism, international ostracism, and economic boycotts. It has become the most successful democracy in the Middle East and has fostered may innovations which have benefited the world. Israel continues to strive for peace with security and dignity for themselves and their neighbors; and

WHEREAS, With the anniversary observance taking place throughout the year, Israel will celebrate its anniversary with events marking the birth and development of the state, the struggle to find peace and security, and its hopes for the future; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, recognizes the historic significance of the sixteenth anniversary of the reestablishment of the sovereign and modern State of Israel and commends the people of Israel for their remarkable achievements in building a new state and a pluralistic democratic society in the Middle East and their achievements which have advanced the well being of people everywhere and extends the warmest congratulations and best wishes to the State of Israel and her people for a peaceful prosperous and successful future.

***

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

WHEREAS, New Jersey State Fire Prevention Code F-3103.3 requires that a municipal governing body authorize the display of fireworks within its boundaries as a pre-condition to such display in accordance with the above fire code regulation; and

WHEREAS, Our Lady of Mt. Camel Church submitted an application to Montclair’s Fire Department to conduct such a display on July 20, 2008; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex hereby authorizes the display of such fireworks upon satisfaction of all requirements with regard to same by the approved contractor.

***

On a motion made by Councilor Schlager 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:

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 thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-20:

1. Emergency temporary appropriations be and the same are hereby made in the amount of $4,783,921.04 as per the attached schedule.

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

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

-92-

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 if Essex, that Michael P. Kenney be and hereby is APPOINTED to serve as SECOND ALTERNATE to the Board of Adjustment for a term effective immediately and terminating December 31, 2008.

***

On motion made by Mayor Remsen and duly seconded, the following resolution was adopted by following vote: “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin. “Nay” 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: $526,214.90

***

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 April 2008:

Tax Collector’s Office$ 7,869,085.47

Oaths of Office:

Robert Kautz, Member of the Board of Education

One Vacate Notice from the Department of Transportation for 16 Label Street.

One copy of a resolution adopted by the Council of the Township of West Orange concerning the New Jersey Council on Affordable Housing (“COAH”).

One letter from the Montclair Economic Development Corporation seeking the Township’s cooperation this year with the Farmers Market.

One letter from Montclair State University accepting the Township’s invitation to be the Grand Marshall of the annual Fourth of July Parade.

One letter from the State of New Jersey, Department of Environmental Protection, regarding the expiration of a 2005 Statewide Livable Communities Grant as of March 31, 2008, if the project entitled “Nishuane Park Improvements – Cleaning and Restoration of the Nishuane Brook” isn’t complete.

Councilor Lang referenced a special Township Memorial Day tribute. She also noted the recent death of Montclair High School history teacher Alice Bubriski, an “icon” in the municipality

Councilor Freier expressed concern regarding the number of illegal apartments within the Township as evidence in a recent study conducted by the Planning Department.

Mayor Remsen announced the annual African American Heritage Parade and Festival on June 7, 2008. He noted that Comcast has awarded scholarships to two Montclair High School seniors.

Deputy Mayor Michaelson reviewed the upcoming budget schedule. She stated that this year the Township is operating under both a budget cap and a cap restriction on the monies to be raised by taxes

Councilor Schlager urged all to visit Montclair’s famous Presby Iris Gardens.

Councilor Tobin announced that the annual Montclair Walk/Run Race will take place this weekend and urged all to participate.

***

-93-

PUBLIC COMMENT

Audrey Hawley, 17 Grenada Place, questioned the rationale for allowing accessory units in single family zones and the use of a “sunset” provision in the recently introduced “accessory housing unit” ordinance. She asked the Council to revisit this matter.

Councilor-elect Renee Baskerville, 371 Orange Rd, expressed concern that “accessory housing units” do not specifically address affordability. She requested an amendment which would reference income requirement for renters of such units.

Jim McAndrews, Franklin, NJ, objected to the introduced “pods” ordinance because the fee is “too high for the product.” He recommended that the first month be free, and subsequent months structured on a progressive fee basis. The proposed ordinances also does not provide for transportation of a “pod” back and forth between a residence and a storage facility.

Helen Fallon, 541 Up. Mountain Ave, noted that cars belonging to lifeguards parked in the drop-off circle at the Mountainside Pool thus preventing proper use of the area.

Township Manager Joseph Hartnett introduced Don Zief, Chair of the Transportation Advisory Committee. Mr. Zief presented two plans for Township-wide quiet zones:

Plan A – Total Cost: $705,000

Plan B – Total Cost: $690,000

He recommended that Plan A be presented at the June 24th meeting. This plan includes the closure of Lorraine Avenue. Both plans recommended the implementation of quad gates at the Grove Street Railroad crossing.

Mr. Zief noted that implementation of either plan must occur before the end of 2010.

Councilor Tobin suggested that if a plan necessitated the closure of Lorraine Avenue, the Township must look at traffic engineering on Jerome Place. In addition, signage in the areas of all grade crossings will be reviewed.

Deputy Mayor Michaelson and Township Manager Hartnett thanked the entire Transportation Advisory Committee, especially Joe Borak and Deputy Chief Gonzalez

The Council will review and act on a resolution by June 10, 2008.

***

At 9:45 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

___________________________________________
ED REMSEN MAYOR

ATTEST:

________________________________________
LINDA S. WANATMUNICIPAL CLERK