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Council Minutes 06-10-08 Print E-mail

- 96-

MONTCLAIR, NEW JERSEY June 10, 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 7:07 P.M.
Present: Deputy Mayor Michaelson and Councilors Lang, Mattox, Michaelson and Schlager.
Absent: Mayor Remsen and Councilor Freier

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

* * *

REVIEW LIBRARY BUDGET:

Guest: Receive David Hinkley, Library Director

Mr. Hinkley explained several factors driving the Montclair Free Public Library’s budget:

  • Increase in cost of utilities
  • 3.5% cost of living increase for employees
  • Pension costs
  • Social security/worker’s compensation

He noted an overall increase in the budget of $98,000. Mr. Hinkley also indicated the
 Township’s ongoing support of the library which continues to rank among the best in the nation. He stated that staffing efficiencies have produced a 7% reduction in employees while expanding hours at both locations by 7%.

 Mr. Hinkley highlighted several library statistics:

  • 300,000 users
  • 20,000 active library cardholders
  • 700,000 website hits per month
  • 997 library and community sponsored programs

It was also noted that the Montclair Public Library Foundation provides a unique opportunity
 for a public-private partnership. In the future the Foundation may participate in a capital campaign to acquire
50,000 new items and to assist in transitioning the main library to a “green” building.

Council members questioned the number of shared services currently active between the
 Library, the Board of Education and the Township. Township Manager Hartnett reported that the
 Township provides insurance coverage for the library and will be exploring additional shared services
possibilities.

Mr. Hartnett was asked which factors must be considered if a recommendation to close the Bellevue Avenue branch library was brought forward.

* * *

At 7:55 P.M., on 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.

- 97-

At 8:16 P.M., on motion made by Deputy Mayor Michaelson and duly seconded, the executive session 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 8:20 P.M.
Present: Deputy Mayor Michaelson and Councilors Lang, Mattox, Schlager and Tobin.
Absent: Mayor Remsen and Councilor Freier

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE LED BY EAGLE SCOUTS

Deputy Mayor Michaelson read the following proclamation and introduced the honored scouts who explained their projects:

Everett Glenn: Pedals For Progress
Tucker Sargent: Beautification project at Edgemont Park and design of commemorative plaque.
W. Scott Parsons: Check and change smoke detectors’ batteries in senior citizen’s homes.
Kenneth Cousins: Cell phone drive to be shared with military personnel
Jacob Sandor: Books for Kids—collected over 2,000 books.

WHEREAS

the Boy Scouts is an organization that builds skills which young people need to deal with the eventual realities of life, not only developing in them an appreciation for nature but also helping them to develop self-esteem and confidence that will lead to a sense of independence by engaging in activities such as camping, first aid training, outdoor cooking, swimming, woodcraft, photography and collecting food for the homeless; and

WHEREAS

Scouting offers young people responsible fun and adventure while training them in citizenship, service, and leadership. By instilling in them the values of the Scout Oath and Law – characteristics such as bravery, loyalty, trustworthiness, courtesy and thrift – scouting serves our communities with quality programs and provides our young people with valuable leadership training; and

WHEREAS

Eagle Scout is the highest rank in Scouting, requiring 21 merit badges in fields such as First Aid, Citizenship in the Community, Citizenship in the Nation, Citizenship in the World, Communications, Environmental Science, Personal Fitness, Personal Management, Camping, and Family Life. A Scout also has a choice between Emergency Preparedness and Lifesaving and a choice among Cycling, Hiking, and Swimming. In addition the candidate must complete a project that benefits school, church or community and entails planning and supervising volunteers – such as organizing the Boy Scouts to check and change the batteries in smoke detectors in senior citizens homes or overseeing improvements and renovations to public parks or organizing blood, clothing and food drives; and

WHEREAS

Kenneth Cousins, Everett Glenn, and Jacob Sandor of Troop 12 , Scott Parsons of Troop 8, and Tucker Sargent of Troop 13, Montclair, New Jersey, Boy Scouts of America have attained the rank of Eagle Scout and will be presented as such at the Eagle Scout Awards Presentation and Court of Honor this month; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, recognize and salute the outstanding accomplishments achieved by these young men and present to each a copy of this Proclamation.

 * * *

On motion made by Deputy Mayor Michaelson and duly seconded, the minutes of April 29 and May 6, 15 and 20, 2008 were approved by unanimous vote.

* * *

PRESENTATION BY COUNCILOR SCHLAGER AND TOWNSHIP MANAGER:

Edgemont Park All-Children’s Playground:

Councilor Schlager highlighted this project as a “great example “ of what the Township can do through volunteerism and fundraising support” (over $37,000). Additional Township-wide efforts raised over $20,000.

She thanked all those involved with the project. Township Manager Joseph Hartnett stated that this “has been one of the most rewarding projects while serving as Township Manager.” Over 200 Montclair families representing every area of the municipality, and both public and private schools, offered support ranging from coin collecting to bake sales to Rock Concerts.

- 98 -

PUBLIC COMMENT

Mr. Maurits Hudig, 44 Edgemont Road, thanked the Council for ridding Edgemont Park of the Canadian geese problem. However, he expressed concern that the footprint of the all-access playground may be significantly larger than anticipated and that no provisions have been made for additional parking needs. He asked at what point the Township will formally approve the design/build contract.

Ms. Dorothy Schattner, 27 The Fairway, provided background of the implementation of all access playgrounds within the Township and offered her continuing support.

Mr. Robert Feinberg, 95 Beverly Road, Chair of the project’s youth committee, eloquently expressed appreciation for all visionaries involved with the unique playground.

Ms. Alma Schneider, 72 High Street, thanked the Township Council and all those involved in this project for their “endless support.”

Mr. John Cronogue, 261 Midland Avenue, founding member of “Friends of Edgemont Park” stated that this group is not opposed to the all access playground but cautioned the Council to be mindful of space and safety issues.

Mr. Michael Frank, 17 Berkeley Place, asked the Council for an on-going commitment to completion of this project. He also requested the dates for public comment on specific plans.

Ms. Susan Irby, 73 Grove Street, Chair, People with Disabilities Committee, stated that this project was also an opportunity for education and awareness.

Ms. Rebecca Irby, 75 Grove Street, believes it is time for Montclair to step up and recognize and address diversity within the municipality.

Mr. Dave Wish, 21 Oxford Street, referenced the “slow” renovation of San Francisco’s Bay Bridge and appreciates Montclair’s efforts to act quickly to complete the all access playground project.

John Reichman, Esq., representing Diva Lounge, thanked the Council for their past efforts during their tenure. He expressed concern that his client had not been noticed regarding the resolution on this evening’s agenda prior to this date. Deputy Mayor Michaelson explained the process and noted that the renewal of all Township ABC licenses will be addressed at the June 24, 2008 Council meeting.

Mr. Don Zief, Chair, Transportation Advisory Committee, noted that the Council’s approval of a “quiet zone resolution marks a “turning point” for developing a permanent solution to this problem.
Developing perm

He also thanked the outgoing Council for their efforts over the past years.

* * *

PENDING ORDINANCES

The pending ordinance entitled: “ORDINANCE ACCEPTING THE DEDICATION OF CHRISTOPHER COURT AS A PUBLIC STREET OF THE TOWNSHIP OF MONTCLAIR” (08-13) passed first reading March 25, 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 April 29, 2008.

On motion made by Deputy Mayor Michaelson and duly seconded, the ordinance was adopted 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 TO AMEND THE TRAFFIC ORDINANCE: SOUTH PARK STREET (CHURCH STREET TO THE CRESCENT) AND ONE-WAY SOUTHBOUND” (08-20).

The motion was adopted by unanimous vote.

* * *

- 99-

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 TO AMEND THE TRAFFIC ORDINANCE: ESTABLISH A LOADING ZONE ON SOUTH PARK STREET” (08-21).

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 June 24, 2008.

“ORDINANCE TO AMEND THE TRAFFIC ORDINANCE: PARKING METER ZONE ON SOUTH PARK STREET (CHURCH STREET TO THE CRESCENT). (08-22).

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 June 24, 2008.

“ORDINANCE TO AMEND THE TRAFFIC ORDINANCE: NEW PARKING METER ZONE ON SOUTH PARK STREET (CHURCH STREET TO THE CRESCENT). (08-23).

The motion was adopted by unanimous vote.

* * *

Councilor Lang 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 TO AMEND THE 2008 AFSCME EMPLOYEE SALARY ORDINANCE” (08-24).

The motion was adopted by unanimous vote.

* * *

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

WHEREAS, the Federal Railroad Administration (FRA) requires municipalities who wish to establish a 24-hour Quiet Zone to submit a Detail Plan for same; and

WHEREAS, said Detail Plan must set forth how the municipality intends to comply with FRA regulations and formulas for the establishment of a Quiet Zone; and

WHEREAS, said Detail Plan must be submitted to the FRA no later than June 24, 2008; and

WHEREAS, the Township staff, the Public Transportation Advisory Committee, New Jersey Transit, New Jersey Department of Transportation, the FRA, and professional consultants hired by the Township have worked together to develop a recommended Detail Plan for submission; and

WHEREAS, the Township Council has reviewed all of the work devoted to this effort and all of the alternatives and recommendations developed and has concluded that a certain plan is in the best interests of the public health, welfare, and safety of the community; now therefore

BE IT RESOLVED that the Township Council hereby fully supports the attached Detail Plan for a Quiet Zone, referred to as “Plan 9A” and dated June 1, 2008 and does hereby authorize submission of same to the FRA as the official Detail Plan for a continuation of the existing Pre-Rule Quiet Zone and for establishment of a 24-hour Quiet Zone for the Township of Montclair; and

BE IT FURTHER RESOLVED that the Township Council does hereby express as a matter of policy its intention to move with all deliberate speed on the implementation of said “Plan 9A” and to provide all necessary resources for establishment of a 24-hour Quiet Zone prior to June 24, 2010.

-100-

QUIET ZONE PLAN – PLAN 9A
for the
TOWNSHIP OF MONTCLAIR, N.J.

Normal Avenue

Median both sides with changes to train station parking lot configuration

Mount Hebron Road

Median both sides

Laurel Place

One Way (West)

Jerome Place

No Alterations

Lorraine Avenue

Close Crossing

Bellevue Avenue

4-Quad Gates

North Fullerton Avenue

No Alterations

Walnut Street

No Alterations

Grove Street

4-Quad Gates

Claremont Avenue

No Alterations

Pine Street

No alterations

Glenridge Avenue

Medians, 85 ft. on East side,
40 ft. on West side

* * *

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

WHEREAS, on May 28, 2008, the Township of Montclair opened and read bids for the removal of leaves and the transportation of same for composting at a New Jersey Department of Environmental Protection approved leaf composting facility; and

WHEREAS, three companies submitted bids for this contract in accordance with the specifications; and

WHEREAS, Reliable Wood Products submitted the lowest responsible bid for the required services in accordance with the specifications; and

WHEREAS, the Township of Montclair will be entitled to receive grant rebates for composted leaves under the New Jersey Recycling Tonnage Grant; 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 Reliable Wood Products for the collection and disposal of municipal leaves in accordance with the terms attached hereto and made a part hereof, pending certification of available funds by the Chief Financial Officer; and

BE IT FURTHER RESOLVED that the funds for that portion of this contract to be performed during the year 2008 have been appropriated in the 2008 Operating Budget (Account Number T-03-56-840-000-841).

* * *

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

BE IT RESOLVED by the Council of the Township of Montclair, County of Essex, that STEVE WOOD, DIRECTOR OF COMMUNITY SERVICES, be and he hereby is authorized to submit an application to the New Jersey Office of Recycling under the Municipal Recycling Tonnage Grant Program.

* * *

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

WHEREAS, the Township of Montclair is in need of purchasing playground equipment for the construction of an “All Childrens” Playground at Edgemont Memorial Park; and

WHEREAS, the Township has received a proposal from Marturano Recreation Company to provide the required playground equipment for the sum of $140,656.00 pursuant to an approved New Jersey State Contract (No. A59052); and

WHEREAS, pursuant to N.J.S.A.40A:11-12a and N.J.A.C.5:34-7.29(c), a municipality may, by resolution and without advertising for bids, purchase goods or services under a contract for such goods or services entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

-101-

WHEREAS, a portion of the funds for these improvements have been appropriated in Bond Ordinance No. 07-41 and Bond Ordinance No. 08-10, and other funds will be provided from a New Jersey DEP Statewide Livable Communities Program Grant and from private contributions raised and received specifically for this project; 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 Marturano Recreation Company, pursuant to State Contract No. A59052, for the purchase of playground equipment for Edgemont Memorial Park for the sum of $140,956.00, pending certification of funds by the Chief Financial Officer. Details of this purchase are attached hereto and made a part hereof.

* * *

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

WHEREAS, on May 28, 2008, the Township of Montclair, opened and read specifications for the design and construction of certain playground improvements at Edgemont Memorial Park, as prescribed by law; and

WHEREAS, six companies submitted bids in accordance with the bid specifications for this project; and

WHEREAS, JC Landscape Construction & Management Company, Inc. submitted the lowest responsible bid, according to the specifications, at a total price of $282,000.00; and

WHEREAS, a portion of the funds for these improvements have been appropriated in Bond Ordinance No. 07-41 and Bond Ordinance No. 08-10, and other funds will be provided from a New Jersey DEP Statewide Livable Communities Program Grant and from private contributions raised and received specifically for this project; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that JC Landscape Construction & Management Company, Inc. be and is hereby awarded the above-stated contract, pending certification of available funds by the Chief Financial Officer. Complete details of this contract are attached hereto and made a part hereof.

* * *

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

WHEREAS, on May 21, 2008 the Township of Montclair opened and read bids for construction of new granite block curb, sidewalk drainage and paving of Munn Street and Cottage Place , 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, Ciffelli & Son General Construction of 4 Coppola Street, Nutley, NJ 07110 submitted the lowest responsible bid, according to the specifications, in the amount of $158,052.95 ; and

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

Ordinance

Description

Account No.

Amount

08-10

Various Street Improvements

C-04-08-010-000 02

$158,052.95

now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that CIFFELLI & SON GENERAL CONSTRUCTION be and they are hereby awarded the above-stated contract, subject to the approval of Essex County under Title I of the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-181) and pending certification of funds by the Finance Director. Details of the contract are attached hereto and made a part hereof.

* * *

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

WHEREAS, an application has been filed for a place to place transfer (expansion of premises) of Plenary Retail Distribution License # 0713-44-003-009 heretofore issued to S. Allegra’s Fine Wines, Inc., t/a Amanti Vino, 30 Church Street, Montclair, for purposes of expanding the premises under the said license wherein the sale and service of alcoholic beverages are authorized, and

-102-

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 currently licensed term; notice of intention to apply for such transfer (expansion of premises) has been duly published, and no objections have been raised,

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, does hereby approve, effective immediately, the expanded premises of the aforesaid Plenary Retail Distribution licensed premises located at 30 Church Street, Montclair, to place under license the area delineated in the application form and the sketch of the licensed premises.

* * *

On motion made by Councilor Tobin 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 CHRISTINA RULE be and she hereby is APPOINTED to serve as SECOND ALTERNATE to the Historic Preservation Commission effective immediately and terminating December 31, 2009.

* * *

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

WHEREAS, on April 29, 2008, the Township Council adopted Resolution Nos. R-08-79 and R-08-80 approving place-to-place transfers of Plenary Retail Consumption Liquor License #0713-33-002-006 and Plenary Retail Consumption Liquor License #0713-33-023-007 for the purpose of expanding the licensed premises covered by said licenses; and

WHEREAS, the Council was unaware at the time that proper review of the requested expansions had not been completed; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Resolution Nos. R-08-79 and R-08-80 approving the place-to-place transfers (Expansion of Premises) of Plenary Retail Consumption Liquor License #0713-33-002-006 and Plenary Retail Consumption Liquor License #0713-33-023-007 be and they are hereby rescinded pending the completion of all necessary investigations by Township officials in accordance with N.J.A.C. 13:2-7.7, at which time the applications shall be presented to the Township Council for review and determination.

* * *

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

WHEREAS, there exists a continued need for specialized legal services in connection with the authorization and issuance of bonds or notes of the Township of Montclair, in the County of Essex, State of New Jersey, including the review of such procedures and the rendering of approving legal opinions acceptable to the financial community; and

WHEREAS, such special legal services can be provided only by a recognized Bond Counsel firm and the law firm of McManimon & Scotland, L.L.C., is so recognized by the financial community; and

WHEREAS, McManimon & Scotland, L.L.C. has provided highly qualified and professional bond counsel services for the Township of Montclair for many years; 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 the requirements of N.J.S.A.19:44A-20.5 et seq. applicable to non-fair and open contracts; and

WHEREAS, McManimon & Scotland, L.L.C. has completed and submitted a Business Entity Disclosure Certification certifying that he 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 individual from making any reportable contributions during the term of this contract; and

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 hereby authorized to execute and attest the annexed agreement with the law firm of McManimon & Scotland, L.L.C., to provide specialized legal services necessary in connection with the authorization and issuance of bonds or notes by the Township for the period of January 1, 2008 through December 31, 2008. Funds for such services shall be provided for from the various Capital Ordinances as adopted in the Township Capital Fund and Water Utility Capital Fund.

-103-

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 the Resolution and agreement are on file and available for inspection in the office of the Township Clerk.

* * *

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

WHEREAS, the Montclair Neighborhood Development Corporation is a non-profit corporation eligible to receive Community Service Block Grant funding from the federal government, as administered by the County of Essex; and

WHEREAS, as a condition to receiving the aforesaid block grant funding, the Essex County Department of Citizen Services, Division of Community Action, requires that one-third of the Board of Directors of any “qualifying agency” be appointed by the governing body of the local municipality; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Charles Smith, David Cummings, Reverend Craig Dunn, Bucky Schnarr and Sandra Lang be and they are hereby appointed to serve as directors of the Montclair Neighborhood Development Corporation in accordance with, and for the terms set forth in, the Corporation’s governing documents and the applicable requirements of the Essex County Division of Community Action.

* * *

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

WHEREAS, on May 14, 2005, the Montclair Planning Board granted Preliminary and Final Major Subdivision Approval to Marlboro Park Partners, LLC (the “Developer”) for property which was then commonly known as 334 Grove Street, and

WHEREAS, pursuant to N.J.S.A.40:55D-53 and Montclair Code Section 301-39A(2), the Developer posted a performance bond in the amount of $333,916.00 in connection with the approved development of the subject property; and

WHEREAS, by resolution dated March 14, 2006, the Township Council authorized a reduction in the performance bond to $99,874.80; and

WHEREAS, the Developer has completed all required improvements to the subject property and complied with all other requirements of the Planning Board resolution and the Developer’s Agreement, dated February 21, 2000; and

WHEREAS, the Township Engineer has determined that all improvements have been satisfactorily completed in accordance with applicable Township requirements; and

WHEREAS, the Township has adopted an ordinance accepting the dedication of Christopher Court as a public street; and

WHEREAS, the Developer is required to provide the Township with a two-year maintenance bond in the amount of $41,614.50 pursuant to the Municipal Land Use Law; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township shall release and return to the Developer the balance of any and all performance guarantees posted in connection with the subject property upon receipt of a two-year maintenance bond in the amount of $41,614.50 in compliance with N.J.S.A.40:55D-53(2) and in form and substance satisfactory to the Township Attorney.

* * *

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

WHEREAS, the Township of Montclair acknowledges the many benefits of non-motorized transportation, including more efficient traffic circulation, improved air quality, significant health and safety benefits, and enhanced quality of life; and

WHEREAS, the Township encourages residents to take steps to lower carbon emissions and reduce dependence on foreign fuels by decreasing motor vehicle miles traveled; and

WHEREAS, the Township created a comprehensive Bicycle and Pedestrian Action Plan in 2004 through a grant from the New Jersey Department of Transportation, which recommends safe access and circulation plans for walking and biking; and
-104-

WHEREAS, the Township supports infrastructural improvements that encourage and facilitate Montclair commuters to access their transit stations by walking and bicycling; and

WHEREAS, Township residents use six (6) train stations and scores of bus stops across town to commute on a daily basis; and

WHEREAS, local community groups actively support Township efforts to facilitate non-motorized transportation options to access our many transit stops and stations; and

WHEREAS, a Safe Streets to Transit Program will support and encourage commuters to walk and bike to train stations and bus stops throughout the township by improving safety and accessibility for mass transit riders walking and biking to these facilities; and

WHEREAS, a Safe Streets to Transit Program will reduce traffic congestion, create safer and calmer streets and neighborhoods, and improve air quality and provide a cleaner environment in the vicinity of transit hubs; and

WHEREAS, the Township Manager and staff support the Safe Streets to Transit Program; now therefore

BE IT RESOLVED, that the Township of Montclair Council endorses the Township of Montclair Safe Streets to Transit Program.

* * *

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

WHEREAS, New Jersey Alcoholic Beverage Control regulations provide that a proper investigation of relevant information be conducted prior to the application of any application for an expansion of premises for any ABC licensed premises; and

WHEREAS, the Township Council sits as the municipal ABC Board; now therefore

BE IT RESOLVED that, as a matter of policy and procedure, any application for an expansion of a licensed premises shall first be circulated to the Township Planner and Uniform Construction Code official, and the Police, Fire, and Health Departments for their review and comment pursuant to being submitted to the Township Council for action.

* * *

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 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: $1,261,298.64.

* * *

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 Deputy Mayor Michaelson and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.

FILED: Oath of Office:

Shirley Grill, Member of the Board of Education

Letter from Arleen Tishler, Director of Regulatory Affairs, Portable On Demand Storage, (PODS) re: offered help in supplying additional information when considering revisions to
the pending ordinance regulating PODS.

Resolution adopted by the Second River Joint Meeting stating that the portion of assessment
due from Montclair is the sum of $5,050.84 being 31.13% of the total amount assessed to the member municipalities.

-105-

Letter of congratulations to the successful candidates in the recent Municipal Election from the Council of the City of Newark.

Invitation from John Flynn, Administrator, DEP, to apply for Green Acres Funds. Applications will be accepted until September 30, 2008.

Letter from NJ Transit advising the Council that they will be able to run a “Fireworks Express” shuttle train for the annual township celebration and fireworks display on Friday, July 4th.

* * *

Councilor Lang reported on a wonderful African American Parade and Festival. She recently testified in opposition to Regional Contribution Agreements in Trenton.

Councilor Mattox echoed positive sentiments regarding the African American Festival.

Deputy Mayor Michaelson reviewed the budget timetable and announced the second reading of the POD ordinance on June 24, 2008.

Municipal Clerk Linda Wanat also thanked the community for a fantastic response to the all-access playground project and, particularly Councilor Schlager, for her vision and commitment.

* * *

PUBLIC COMMENT

Mr. Hrant Yousoufian, 1 Argyle Road, asked the Council to “put a hold” on the construction of the new school pending a proper justification report from the Board of Education and the Superintendent of Schools.

* * *

BUDGET WORKSHOP

Township Manager Joseph Hartnett reviewed both items cut in the introduced budget and possible cuts in the final budget to meet the budget cap. An overall combined increase is projected at 6%.

The Council discussed various scenarios to reduce the budget.

The Township Manager will consider the following other options prior to the next Council meeting.

  • Fund library at 2007 funding level
  • Reduce refuse collection line by $75,000
  • Charge for “outside services”
  • 10% cuts across the board
  • Reduce social services by half-time
  • Charge for manpower-outside events
  • Social Services office- cut Assistant to PT

* * *

At 11:32 P.M., on motion made by Deputy Mayor Michaelson and duly seconded, the meeting was adjourned by unanimous vote.

________________________________________
JOYCE R. MICHAELSONDEPUTY MAYOR

ATTEST:

____________________________________
LINDA S. WANATMUNICIPAL CLERK

 
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