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MONTCLAIR, NEW JERSEY

July 22, 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: Mayor Fried, Deputy Mayor Terry and Councilors Africk, Baskerville, Lewis, and Murnick.
Absent: Councilor Weller

STATEMENT OF SUNSHINE NOTICE
 
Councilor Weller joined the meeting.

* * *
Review of agenda for the Regular Meeting

* * *

MAYOR’S REPORT:

Mayor Fried reported that the municipality had received a $14,000 grant to “brand” Montclair as an arts community. He also announced that the Council will present a Strategic Plan in two phases. Phase I will outline general Council goals; Phase II will be distributed in January 2009.

* * *

Councilor Africk asked Township Manager Joseph Hartnett for the procedures for implementation of speed tables and safety signs on North Mountain Avenue.

* * *

The Council will consider appointments to the following committees of the Council: Budget and Personnel.

* * *

CORRESPONDENCE:

Township Manager Joseph Hartnett asked the Council to review the capital budget and specific projects to be funded from unallocated amounts.

Councilor Baskerville expressed the need for both a short term and long term solution to overnight parking abuses.

* * *

At 7:59 P.M., on motion made by Mayor Fried 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 8:07 P.M., on motion made by Mayor Fried and duly seconded, the executive session was adjourned by unanimous vote.

At 8:08 P.M., on motion made by Mayor Fried 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 Avenue, for a Regular Meeting at 8:15 P.M.
Present: Mayor Fried, Deputy Mayor Terry and Councilors Africk, Baskerville, Lewis, Murnick and Weller.
Absent: None

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

SCHEDULED PUBLIC PRESENTATIONS:

HOMECorp’s Request For Affordable Housing Funds for 19 Elmwood Avenue:

Guest: Executive Director Beverly Riddick.

Ms. Riddick requested a $100,000 grant from the Housing Trust Fund to develop 19 Elmwood Avenue. This project will consist of modifications to a single family home and a carriage house on the property. These will be developed into two “affordable housing” units (one specifically intended for a person with a disability) and one “market rate” unit.

Ms. Riddick also provided a historical overview of HomeCorp, which is now celebrating its 20th anniversary.

Mayor Fried thanked Ms. Riddick and her Board for their outstanding contributions to the community.

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Public Transportation Advisory Committee Presentation:

Guest: Mr. Donald Zief, Chair.

Mr. Zief, provided background on the Township train station shuttle which had its inception in 2002 with assistance from Congressman William Pascrell. He requested that $30,000 be restored to the municipal budget in order to continue the shuttle until the end of the year. (Currently ridership is 715 per month).

Councilor Baskerville asked if the service area for the shuttle could be expanded. She also suggested that the shuttle might be utilized to transport students to “after school” activities.

Councilor Zief suggested that ridership could be expanded through an increased marketing effort.

Councilor Africk proposed that efforts should be made to maximize the shuttle service to benefit the whole community.

Mr. Matthew Brown, 11 Wayside Place, voiced his opposition to the termination of the shuttle/jitney service. He also reported uneven service which made it difficult for riders to rely on the shuttle. Mr. Brown asked what alternatives would be available to him as a railroad commuter if the shuttle was no longer available.

Mr. Joe Borak, member, Public Transportation Committee, reported that N.J. Transit has not been providing changes in scheduling information to the Township in a timely way. He also reviewed possible changes to the shuttle service to better serve particular areas of the municipality.

* * *

On motion made by Mayor Fried and duly seconded, the minutes of July 1 and 8, 2008 were approved by unanimous vote.

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SUPPLEMENTAL DEBT STATEMENT  

Municipal Clerk Linda Wanat stated: “Mayor and Council, I wish to report that the Director of Finance has this day filed with me a Supplemental Debt Statement duly verified by his oath showing the percentage the net debt of the Township bears to the average assessed valuation for the years 2005, 2006 and 2007 to be 1.150%.

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Councilor Murnick 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 August 19, 2008.

“BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNTOF $1,797,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,707,625 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” (08-25).

The motion was adopted by unanimous vote.

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

WHEREAS, the Montclair Community Intervention Alliance has prepared for submission its application for funding for the year 2009; and

WHEREAS, the County of Essex, Department of Health & Rehabilitation, Division of Health Services, requires authorization by the governing body to submit the aforementioned application; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that authorization is hereby given for the submission of said application.

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

The Township Council of the Township of Montclair, County of Essex, whose official place of business is 205 Claremont Avenue, Montclair, New Jersey 07042 do resolve the following:

WHEREAS, the Township of Montclair, with the assistance from Essex County and their consultant Hatch Mott McDonald, has gathered information and prepared the Essex County All-Hazard Pre-Disaster Mitigation Plan (the “Plan”); and

WHEREAS, the Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and

WHEREAS, the Township of Montclair is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the plan and the actions in the Plan; and

WHEREAS, the Township of Montclair has reviewed the plan and affirms that the Plan will be updated no less than every five years; now therefore

BE IT RESOLVED by the Township Council that the Township of Montclair adopts the Essex County All-Hazard Pre-Disaster Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan; and

BE IT FURTHER RESOLVED that the actions in the plan shall be executed by the Township of Montclair.

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

WHEREAS, on July 31, 1984, the Township Council adopted a Resolution establishing the Joint Capital Improvement Advisory Committee (the “Committee”) as an advisory committee pursuant to N.J.S.A. 40:81-13; and
WHEREAS, on November 15, 2004, the Council adopted a Resolution amending and expanding the role of the Committee and changing its name to the Capital Finance Committee; and

WHEREAS, the Township Council desires to revise and restate the role of the Committee to include a combination of the original purposes of the Committee and the revised purposes set forth in the 2004 Resolution; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Council hereby reaffirms its support of the Capital Finance Committee as an advisory committee to the Township; and
BE IT FURTHER RESOLVED that the duties and functions of the Committee shall be as follows:

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1. To assist in developing and recommending capital expense policy, consistent with N.J.S.A. 18A:11-1 (AGeneral Mandatory Powers and Duties@) and consistent with capital budget regulations promulgated by the Division of Local Government Services, Department of Community Affairs and the Local Budget Law.

2. To review outstanding capital debt in relation to capital project needs pursuant to N.J.S.A. 18A:24-9 (AIssuance of Bonds@) and consistent with the Local Fiscal Affairs Law.

3. To review capital projects of the Township, the Board of Education and the Montclair Parking Authority, and make recommendations with respect thereto, including recommendations based on the Priority Rating System, as defined in N.J.S.A. 18A:21-1 (ACapital Projects; Description”) and consistent with the Committee’s suggested rating system of March 8, 1984 and the requirements of capital budgeting for New Jersey municipalities.

4. To prepare and review analyses to assist the Township Council, the Board of Education, the Montclair Parking Authority and Township taxpayers to better understand issues regarding the effect of capital improvements and their financing on current and projected annual Township expenditures, including

(a) the impact of planned and proposed capital improvement expenditures on the Township’s current and projected annual debt service obligations;

(b) the maximum capital debt burden that the Township can service while retaining its existing bond rating;

 (c) the feasibility of alternative expenditure and financing strategies to avoid significant year-to-year fluctuations in annual debt service payments and to reduce the cost of bond issuance; and

(d) the appropriateness and impact of including specific proposed capital expenditure items in the consolidated capital budget of the Township, rather than in the respective operating budgets of the Township or and Board of Education.

5. To review and analyze proposed capital budgets for the Township, the Board of Education, the Montclair Parking Authority and the Public Library, and provide comments and recommendations regarding same at least 30 days prior to adoption of said budgets.

6. To provide advice and recommendations regarding other matters relating to capital improvements, capital budgets and capital finance as requested by the Township Council; and

BE IT FURTHER RESOLVED that the Capital Finance Committee shall consist of ten (10) members, and the membership shall be as follows:

1.The Superintendent of Schools or designee: indefinite term;
2.The Township Manager or designee: indefinite term;
3.The Director of the Library or designee: indefinite term;
4.One Commissioner of the Montclair Parking Authority, to be nominated by the Parking Authority and appointed by the Township Council, whose term shall be for a period of three years or terminate at the completion of his or her term of office as a Commissioner of the Parking Authority, whichever occurs first; and
5.Six Township residents to be appointed by the Township Council who shall serve staggered 3-year terms; and

 BE IT FURTHER RESOLVED that the Chief Financial Officers of the Township, the Montclair Board of Education and the Montclair Free Public Library, or their respective designees, shall be non-voting ex-officio members of the Committee; and

BE IT FURTHER RESOLVED that Township officials shall assist the Committee in making available Township staff and providing any pertinent information or documentation requested by the Committee, and the Township Council requests the full and prompt cooperation of the Public Library, the Board of Education and the Montclair Parking Authority in providing similar assistance and information requested by the Committee.

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On motion made by Councilor Baskerville 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: $1,462,948.78.   

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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 Fried 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:
 
Jerry Fried, Mayor
Roger Terry, Councilor At Large
Kathryn Weller, Councilor At Large
Rich Murnick, First Ward Councilor
Cary Africk, Second Ward Councilor
Nick Lewis, Third Ward Councilor
Renee Baskerville, Fourth Ward Councilor

Monthly report for the month of June 2008:

Tax Collector$1,385,065.14.

Letter from Fred Chichester, 56 Gordonhurst Avenue, re: prohibiting the sale and use of silly string in the Fourth of July parade.

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Councilor Murnick recently participated in meetings with the Tri-Town group and the Historic Preservation Committee. He also reported that soil testing has been conducted on lands to be utilized for the reconstruction of the Bellevue Avenue Railroad Station.

Councilor Africk provided an update on the latest meeting of the Communications Committee.

Deputy Mayor Terry attended a Planning Board meeting and thanked all the volunteer participants on Township’s Boards, Commissions and Committees. He also noted the death of Jerry Moschella, a Township employee.

Mayor Fried referenced the recent tax bill and pledged to try and keep taxes under control. He announced that the Council’s Strategic Plan will be available to the public shortly. The Mayor also reported that he is working on an upgrade to the Township’s website.

Councilor Weller announced a series of movies at the Montclair High School amphitheater on Friday nights and invited the community to participate.

Councilor Lewis provided a follow-up to the asbestos problem at the Renaissance School. Both he and Mayor Fried recently met with the Concerned Parents of the Renaissance School and a representative of the Board of Education to discuss pertinent issues; however, he explained that the Council only has limited purview over the Board of Education. Councilor Lewis anticipates
a report will be forthcoming.

Councilor Lewis also attended an informal Parking Advisory Committee meeting and a Second River Joint (sewer) meeting.

Councilor Baskerville was honored to participate in the feast of Our Lady of Mt. Carmel procession along with Mayor Fried and Councilor Weller. She also attended a Board of Adjustment meeting. Future meetings include: BID and Bloomfield Avenue East representatives on July 28. Fourth Ward Platform Development Organizational Meeting on Tuesday, July 29 at the Catchings-Owens Suite, Glenfield School at 7:00 p.m.

Councilor Baskerville also stressed the need to find solutions to long standing overnight parking concerns within the Township.

Township Manager Joseph Hartnett presented the following status report:

1. Curb repairs at Hawthorne Place
2. Deteriorated property on Rosedale Avenue
3. Arrest of Kenneth Duckett  

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 Mr. Hartnett also acknowledged meetings with several Council members to discuss the
Council’s Strategic Plan and other issues. He appealed to residents with financial backgrounds to volunteer on
the Capital Finance Committee.

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PUBLIC COMMENT

Mayor Fried 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:

Mr. Matt Garrison, 149 Park Street, speaking on behalf of neighbors in the area, expressed opposition to
the proposed Omnipoint cell tower construction in their neighborhood. They asked for the status and time frame
for the possible installation of a similar facility to be erected at the Department of Community Services yard and
owned by the Township. Council members will consider residents’ concerns as they move forward.

Ms. Pam Henke, 159 Park Street, asked when this matter would be addressed at a Council meeting.

Nuria Amari, 152 Park Street, emphasized that the Township should supervise the terms of any contract
to erect a cellular structure within the municipality.

Mr. Stephen Knox, 164 Park Street, reiterated concerns regarding the process.

Ms. Deborah Garrison, asked the Council to review a draft resolution prepared by Terry Thornton
regarding this matter and consider its passage.

Mr. Al Weller, 187 Cooper Avenue, stated that “a resolution and an RFT are not mutually exclusive.”

Ms. Nancy Iannace, 59 Essex Avenue, representing the Woodman Field Neighborhood Association,
reported that, while the Field House is now scheduled to open, parking and traffic issues remain. She asked for
 action on this matter.

Mr. William Scott, 22 Cedar Avenue, thanked the Township Manager for addressing the issue of a
deteriorated property on Rosedale Avenue. He also thanked Pat Brechka and her staff for arranging a wonderful
concert in Nishuane Park.

Mr. Nick Fiorascente, Valley Road, believe that individuals who purchase a property near a school or
recreational facility must expect a certain degree of disruption and increased traffic.

Ms. Sharon Hurwick, 52 Aubrey Road, asked for the status and a copy of the RFP for Clary Anderson
 Arena. She expressed concern that privatization may lead to both loss of control by the Township and citizen
services.

Mr. Al Weller, 187 Cooper Avenue, asked if the Council had discussed the possibility of an “authority”
to run the Clary Anderson Arena. He also questioned the municipal budget timeline and urged the Council to
accelerate the process in future years.

Mr. Nick Fiorascente, Valley Road, questioned the salary increases for certain public safety personnel.

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

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At 11:30 P.M., on motion made by Mayor Fried and duly seconded, the meeting was adjourned
by unanimous vote.  

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JERRY FRIED MAYOR
ATTEST:

________________________________________
LINDA S. WANAT
MUNICIPAL CLERK