-106-

MONTCLAIR, NEW JERSEY
June 17, 2008

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 pre-meeting Conference at 7:08 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang and Tobin.
Absent: Councilors Mattox and Schlager.

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

***
The Council discussed the Board of Education’s 4.8% budget increase which was based on the prior year’s assessment and did not account for adjustments following the tax revaluation. This resulted in a 6.6% increase for the Board of Education and a 7.7% increase in the total Township Budget.

***

Councilor Schlager joined the meeting.

***
At 7:25 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 8:03 P.M. on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

***

At 8:04 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 8:09 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

***

On a motion made by Mayor Remsen and duly seconded, the minutes of May 17, 2008 and June 4, 2008 were approved by unanimous vote.
***

PUBLIC HEARING ON THE 2008 MUNICIPAL BUDGET

Deputy Mayor Michaelson stated “Mayor, I have a resolution regarding the reading of the Budget by Title Only.”

Mayor Remsen stated “The Clerk will read the resolution.”

Municipal Clerk Linda Wanat read the following resolution:

-107-

WHEREAS, N.J.S.A. 40A:4-8 as amended provides that the Budget shall be read in full at the public hearing, or that it may be read by its title only if

1.At least one week prior to the date of the hearing a complete copy of the approved Budget.

(a)shall be made available for public inspection in the free public library, if any, or the municipality and in the free county libraries or regional libraries located in the municipality or, if no county libraries or regional libraries are located in the municipality, by the county or regional library of the county in which the municipality is located, and the public officer delegated responsibility for delivering copies of the approved budget to such library shall forward to the governing body an attestation that each such delivery was made, and

(b)is made available to each person requesting the same, during said week and during the public hearing.

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Township of Montclair that it is hereby declared that the conditions of N.J.S.A. 40A:4-8, as amended set forth in subsections 1(a) and 1(b), have been met and therefore the Budget for 2008 shall be read by title only.

Deputy Mayor Michaelson stated “I offer the foregoing resolution and move its adoption.”

Councilor Tobin stated “I second the motion.”

On motion made by Mayor Remsen and duly seconded the resolution was adopted by unanimous vote.

Mayor Remsen stated “I will entertain a motion to open the hearing on the Budget.”

Deputy Mayor Michaelson stated “I move that the budget hearing be opened.”

Councilor Tobin stated “I second the motion.”

On motion made by Mayor Remsen and duly seconded the hearing was opened by unanimous vote.

Municipal Clerk Linda Wanat stated “Mayor, this is the time fixed for the public hearing on the Municipal Budget and Tax Resolution for 2008. The Budget was approved by the Governing Body on May 20, 2008, was advertised as required by law, on May 29, 2008, together with notice of hearing for this time. Printed copies have been made available to the public during the past week and a supply is here for anyone desiring a copy.”

Mayor Remsen stated “Anyone who has not secured a copy of the Budget may now do so.”

Mayor Remsen stated “Before opening this hearing I wish to outline the procedure. Each person desiring to be heard will rise and give his or her name and address before speaking. I will recognize one speaker at a time, in order of rising, as nearly as I can determine.

Address all questions to the Chair; where necessary they will be referred to individual members of the Governing Body or Municipal Officials.

Questions must be confined solely to the Municipal Budget before us; School or County matters are not proper subjects of this hearing and cannot be discussed or answered here tonight.

I now declare open the public hearing on the Municipal Budget and Tax Resolution for 2008.”

Herbert B. Mayer Sr., 428 Washington Ave, believes the budget cuts should be reviewed from the “top down” on both the municipal and Board of Education side.

Phoebe Pollinger, Chair, Montclair Arts Council, 174 Montclair Ave, expressed concern regarding the 10% reduction in the Montclair Arts Council’s budget for 2008. She emphasized that the MAC has done an extraordinary job of leveraging the current Township allocation. Ms. Pollinger stated that the Arts Council could not exist without at least the 2007 level of funding.

Jane Susswein, 85 Clinton Ave, speaking on behalf of the Montclair Early Childhood Corporation, thanked the Council for their past support. She pledged that this organization will continue to work hard to offer outstanding programs and raise funds.

Eve Robinson, Executive Director, Montclair Early Childhood Corporation, 26 Montague Pl, also thanked the Council and expressed hope that this organization will enjoy a partnership relationship with the new council.

Sharon Hurwich, 52 Aubrey Rd, opposes the privatization of the Clary Anderson Arena and the possible loss of a revenue source.

Eric Baumgarten, 58 Plymouth St, believes the proposed Township budget is “out of line with what people can afford to pay.”

-108-

Sofia Jone, 409 Valley Rd, thanked the Council for funding the Montclair Early Childhood Education program.

Ernie Branca, 42 Glendale Ave, Livingston, believes better management, not privatizing the arena, is the answer to fiscal problems.

Kevin Sullivan, 38 Godfrey Rd, added his objection to the arena privatization and noted the positive impact of municipal skating programs on his son’s development.

Cindy Furlong, 4 The Fairway, believes the arena is a “significant part of the fabric of Montclair.” She is concerned about both maintenance problems and possible job loss which may occur with privatization.

Aaron Schorr, 480 Valley Rd, Chair of the Parks and Recreation Advisory Committee, reiterated privatization concerns. He asked that contingencies be allocated in the budget to replace trees and other emergency measures.

David Baron, 370 Claremont Ave, believes the arena also serves as a good training ground for its youth employees.

Jennifer Chin, 16 Stonehenge Rd, believes privatizing the arena “takes the heart out of it.”

Regine Flimlin, 13 Montclair Ave, related that privatization will lead to the loss of open skating and ice time for teams. She also believes there will be an increase in traffic and pollution.

Bo Foley, 9 The Fairway, former president of the Montclair High School Booster Club, stated that his goal is to optimize ice time and services to all Montclair youth. He believes privatization would jeopardize these initiatives.

Steve Smith, 28 Claridge Ct,, President, Montclair High School Booster Club, reiterated concerns regarding the possible privatization of the Clary Anderson Arena. He requested that a group from the community have a voice in any Request for Proposal for an outsider vendor.

Eileen Morrow, 109 Summit Ave, recommended that the Council contract the International Facility Management Association before moving ahead.

Jody Godfrey, 33 Macopin Ave, encouraged the Township to address energy efficiencies and other cost saving measures associated with the arena.

Resident, 18 Sunset Dr, Nutley, stated that he and his family have had many positive experiences at the arena and urged the Council to continue the current management scenario.

Nick Fiornascente, 165 Valley Rd, believes pay increases for Public Safety personnel should be limited to the cost of living.

Joseph Guancione, 14 Baldwin St, part of the management team for the Clary Anderson Arena, protested its privatization and possible loss of the “feeder program” for youth hockey players.

David Colville, 38 Erwin Park Rd, believes the Township is premature “in implementing an expense side solution to the arena.” He asked that the Council defer taking action on the privatization of the arena.

Township Manager Joseph Hartnett issued an apology to the current arena staff, and stated that it was not his intent to disparage the management of the arena.

Mayor Remsen expressed his continuing concern with the amended budget as presented this evening.

Deputy Mayor Michaelson reiterated her objections to the proposed increase in the budget. She also opposes the possible $20,000 allocation in the budget for an investigation of asbestos at the Renaissance School.

Councilor Tobin cautioned the Council-elect to look at “structural changes” in the way the Township operates.

Councilor Schlager empathized with the parents and students involved in the arena hockey program; however, she cannot pass a budget with the proposed increase.

Councilor Lang referenced the “very short window” to address budget concerns. She stated that the Council has worked hard to reduce the tax burden on Montclair residents.

Councilor Freier stated that he supports this budget as presented with a 7% increase.

Observing no further applicants for the floor, Mayor Remsen entertained a motion to close the hearing.

Deputy Mayor Michaelson stated “Mayor, I move that the hearing be closed.”

Councilor Tobin stated “I second the motion.”

-109-

On motion made by Mayor Remsen and duly seconded the hearing was closed by unanimous vote.

***

PENDING ORDINANCES

The pending ordinance entitled: “ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK” (08-14) passed first reading May 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.

***

NEW BUSINESS

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

WHEREAS, N.J.S.A. 21:3-3 requires that a municipal governing body authorize the display of fireworks within its boundaries as a precondition to such display of fireworks in accordance with the above statute; and

WHEREAS, it is the Township of Montclair’s desire to conduct such a display on the night of July 4, 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 statutory requirements with regard to same by the approved contractor.

***

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

WHEREAS, the Township of Montclair intends to apply for a municipal aid grant for Street Improvements at Llewellyn Road (Orange Road to Harrison Avenue); now therefore

BE IT RESOLVED that Council of the Township of Montclair, formally approves the grant application for the above stated project; and

BE IT FURTHER RESOLVED that the Township Engineer is hereby authorized to submit an electronic grant application identified as “MA-2009-Montclair Township-00466” to the New Jersey Department of Transportation on behalf of the Township of Montclair; and

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Montclair and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

***

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

WHEREAS, the Township of Montclair and the Township of Nutley wish to enter into an agreement pursuant to which the Township of Montclair will provide animal control services and animal cruelty investigative and enforcement services to the Township of Nutley pursuant to N.J.S.A. 26:3A2-1 et seq.; and

WHEREAS, the New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., provides that a municipality may enter into a contract with another municipality of local unit for the joint provision of any service; and

WHEREAS, the Township Council has determined that it is in the best interest of the Township to provide animal control and other services to the Township of Nutley in exchange for quarterly payments to be received by the Township; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor be and he is hereby authorized to execute the attached agreement with the Township of Nutley for the provision of animal control services and animal cruelty investigative and enforcement services.

-110-

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

WHEREAS, the Township of Montclair and the Township of Glen Ridge wish to enter into an agreement pursuant to which the Township of Montclair will provide animal control services and animal cruelty investigative and enforcement services to the Township of Glen Ridge pursuant to N.J.S.A. 26:3A2-1 et seq.; and

WHEREAS, the New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., provides that a municipality may enter into a contract with another municipality of local unit for the joint provision of any service; and

WHEREAS, the Township Council has determined that it is in the best interest of the Township to provide animal control and other services to the Township of Glen Ridge in exchange for quarterly payments to be received by the Township; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor be and he is hereby authorized to execute the attached agreement with the Township of Glen Ridge for the provision of animal control services and animal cruelty investigative and enforcement services.

***

The Council discussed several budget strategies in order to adopt an amended budget.

On motion made by Mayor Remsen and duly seconded, the amendment to the budget was NOT ADOPTED by the following vote: “Ayes”, Deputy Mayor Michaelson and Councilor Freier. “Nays” Mayor Remsen and Councilors Lang, Schlager and Tobin.

***

PUBLIC COMMENT

Alison Smith, 7 Smithfield Terrace, presented a petition to the Township Council requesting that they fund an investigation into airborne asbestos and contaminants in Madonna Hall, Immaculate Conception Church, currently utilized by the Renaissance School between September 2007 and March 2008.

Helene Richmond, 101 Gordonhurst Ave, asked the Council to authorize an independent third party assessment of the construction timeline at the Renaissance School in order to ensure that students are protected from avoidable safety hazards and evacuation plans are formalized.

The Council asked the staff to look into health and safety matters relating to this issue. They will also explore including a line item in the budget to pay for the cost of conducting an investigation.

* * *

At 8:03 P.M., on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

___________________________________________
ED REMSEN MAYOR

ATTEST:

________________________________________
LINDA S. WANAT MUNICIPAL CLERK