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Montclair Township

Council Minutes 08-04-09

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MONTCLAIR, NEW JERSEY August 4, 2009

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 6:14 P.M.
Present: Mayor Fried, Deputy Mayor Terry and Councilors Baskerville, Lewis and Weller.
Absent: Councilors Africk and Murnick

STATEMENT OF SUNSHINE NOTICE

At 6:15 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, the 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 7:06 P.M., on motion made by Mayor Fried and duly seconded, the Executive Session was
adjourned by unanimous vote.

* * *
 At 7:10 P.M., the pre-meeting reconvened
Absent: None

SOUTH PARK PEDESTRIAN PROPOSAL:

GUEST: Mr. Eric Marin, Smith Marin Architects.

Mr. Marin presented proposed plans for a South Park Street Pedestrian Mall (possible cost $750,000 to $1,000,000). He offered various schematics of the site and a plan for design and construction (6-9 months design/implementation mid 2010). Mr. Marin proposed a series of four meetings regarding the proposal culminating in a meeting to receive public comments.

* * *

DESTINATION MONTCLAIR:

Mr. Jim Peskin, Executive Director of the Montclair Arts Council, introduced the “Destination Montclair” initiative of the group. He outlined the objectives of the program:

  • Increase awareness of Montclair as a cultural tourism destination
  • Encourage shopping and dining patrons to experience Montclair arts and culture
  • Encourage arts and culture patrons to stay longer by shopping, dining and visiting attractions

And the challenges associated with it:

  • Dining and shopping visitors to Montclair are unaware of the arts and cultural offerings
  • Restaurants and retailers don’t have any information on arts and cultural programming, or Montclair attractions
  • Arts and Cultural organizations have no formal links with the dining and retail community.
  • Arts and Cultural organizations don’t have the information to guide their patrons to restaurants, retailers and other attractions

* * *

At 7:56 P.M., on motion made by Mayor Fried and duly seconded, the following resolution was adopted by unanimous vote:

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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, the 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 8:35 P.M., on motion made by Mayor Fried and duly seconded, the Executive Session was
adjourned by unanimous vote.

* * *

At 8:36 P.M., on motion made by Mayor Fried 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 Avenue, for a Regular Meeting at 8:47 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

On motion made by Mayor Fried and duly seconded, the minutes of July 7 and 14, 2009 were approved by unanimous vote.

* * *

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 2006, 2007 and 2008 to be 1.122%.

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 2006, 2007 and 2008 to be 1.176%.

* * *

SCHEDULED PRESENTATIONS

Mayor Fried and Deputy Mayor Terry presented a proclamation of thanks and appreciation to Montclair’s crossing guards. Mrs. Jean Kidd and Ms. Laura Torchio received the proclamation on behalf of Montclair’s crossing guards

WHEREAS, the Montclair Police have assigned dedicated and responsible men and women as our Crossing Guards to assure our children’s safety as they walk to and from school; and

WHEREAS, our Montclair Crossing Guards are the eyes and ears who observe and greet, with a friendly smile or word of encouragement, the same students and adults day in and day out; and

WHEREAS, Montclair Crossing Guards, using practiced skill and good judgment, must face down busy traffic at dangerous intersections involving distracted and sometimes thoughtless motorists on a daily basis; and

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WHEREAS, Montclair Crossing Guards control intersections near our schools thus making it safe for students to cross the roadway; and

WHEREAS, Montclair Crossing Guards are on duty in all kinds of weather, without regard for their own physical comfort, but aware and mindful of the youngster without the winter coat, or helping to tie a shoelace, or giving forgotten lunch money, or negotiating a disagreement; and

WHEREAS, Montclair Crossing Guards, while on duty, legally represent the Montclair Police Department and should always receive the same respect and courtesy afforded our Montclair Police Officers; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, extend, on behalf of all the residents of Montclair, grateful appreciation to our Montclair Crossing Guards for their outstanding service and dedication, and especially for their exemplary regard for our school children, and ask that they each be presented with a copy of this Proclamation of Appreciation.

* * *

MONTCLAIR POLICE DEPARTMENT:

Guests: Police Chief David Sabagh and Deputy Police Chief Perry Mayers.

Chief Sabagh presented charts depicting the following:

Violent Crimes 2001 to 2008
Calls For Service
Robberies
Total Crime vs. Department Strength
Summonses Issued vs. Accidents w/Injuries

* * *

MONTCLAIR HOUSING COMMISSION:

Guest: Wendy McNeil, Chair.

Ms. McNeil reported that the goal of this group is to maintain and preserve diversity and affordable and low income housing within the community.

Mr. Harold Simon, Executive Director, National Housing Institute provided historical background.

Mr. Anthony Shumann, founder, Montclair’s Architect Forum, offered a power point presentation
which reflected the visual and social characteristics of the Township and the state of housing in Montclair. The guiding principles of the Montclair Housing Commission are to maintain population diversity as a core value of our community. The Montclair Housing Commission meets the second Tuesday of each month at 7:00 p.m at the Montclair Fire Headquarters.

Ms. Rennie Fruendlich, Housing Chair, League of Women Voters, reported that this group fully endorses both affordable housing and accessory dwelling units.

* * *

PUBLIC COMMENT ON ORDINANCES ON FIRST READING, RESOLUTIONS AND PROCLAMATIONS

Mr. Andrew Povich, 15 Brainard Street, thanked the Council for their efforts in developing on going relationships and communications with Montclair State University. He also thanked the Council for the resolution relating to Montclair State University on this evening’s agenda.

Mr. Hrant Yousoufian, One Argyle Road, stated that “it is unconscionable” to give any raise to the
Police Chiefs and Deputy Police Chiefs during this difficult economic period.

Mr. Stuart Weisman, 40 Christopher Street, asked who negotiates union contracts with the Police and Fire departments.

There being no one else present wishing to be heard, Mayor Fried closed the public comment section of the meeting.

* * *

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ORDINANCES – SECOND READING/ADOPTION

The pending ordinance entitled: “AN ORDINANCE FIXING SALARY RANGES FOR CERTAIN OFFICERS IN THE POLICE DEPARTMENT OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY FOR 2009” (O-003-09) passed first reading February 17, 2009, 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.

Hearing was held on March 10 and the ordinance was TABLED.

On motion made by Mayor Fried and duly seconded, the ordinance REMAINED ON THE TABLE by unanimous vote.

* * *

The pending ordinance entitled: “ORDINANCE AMENDING SECTIONS 202-39 THROUGH 202-47 OF THE TOWNSHIP CODE (THE “DEVELOPMENT FEE ORDINANCE”) IN ACCORDANCE WITH COAH REGULATIONS” (O-037-09) passed first reading July 7, 2009 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 Fried asked whether anyone present wished to address the Councilors regarding the proposed ordinance.

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

On motion made by Mayor Fried and duly seconded, the ordinance was adopted by unanimous vote.

* * *

The pending ordinance entitled: “ORDINANCE AMENDING THE TRAFFIC ORDINANCE TO ESTABLISH BUS STOPS AT NORMAL AVENUE AND CARLISLE AVENUE” (O-038-09) passed first reading July 7, 2009 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 Fried asked whether anyone present wished to address the Councilors regarding the proposed ordinance.

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

On motion made by Mayor Fried and duly seconded, the ordinance was adopted by unanimous vote.

* * *

 NEW BUSINESS

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

WHEREAS, the governing body of the Township of Montclair, County of Essex, State of New Jersey desires to amend the 2009 Capital Budget of said municipality by revising certain Project amounts and providing for additional categories; now therefore

BE IT RESOLVED by the Mayor and Council of the Township of Montclair, County of Essex, as follows:

Section 1. The 2009 Capital Budget of the Township of Montclair, County of Essex, is hereby amended so that the following Projects read as follows:

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AMENDMENT TO THE CAPITAL BUDGET OF THE

TOWNSHIP OF MONTCLAIR, COUNTY OF ESSEX, STATE OF NEW JERSEY

PROJECTS SCHEDULED FOR 2009

   

Method of Financing

   

Estimated

 

Capital

   
   

Total

 

Improvement

 

General

Project Title

 

Cost

 

Fund

 

Bonds

Non-Vehicular/Other Equipment

 

$ 418,000

 

$ 20,900

 

$ 397,100

             

Shade Trees

 

 343,500

 

 17,175

 

 326,325

             

Streets, Curbs and Sidewalks

 

 2,540,000

 

 127,000

 

 2,413,000

             

Storm Drainage System

 

 216,000

 

 10,800

 

 205,200

             

Traffic Calming and Control

 

 76,000

 

 3,800

 

 72,200

             

Property Acquisition and Improvements

 

 535,000

 

 26,750

 

 508,250

Section 2. The Township Clerk be and is authorized and directed to file two certified copies of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey.

* * *

Councilor Lewis 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 September 1, 2009.

“AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENTS IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALARY RANGES THEREFORE.” (O-047-09 2009 Thru 2011 OPEIU (Office & Professional Employees International Union Salary Ordinance).

The motion was adopted by unanimous vote.

* * *

Councilor Lewis 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 September 1, 2009.

“ORDINANCE AMENDING THE TRAFFIC ORDINANCE TO ESTABLISH MULTIWAY STOP INTERSECTIONS AT THE INTERSECTION OF SOUTH FULLERTON AVENUE AND GATES AVENUE AND THE INTERSECTON OF SOUTH FULLERTON AVENUE AND ORANGE ROAD.” (O-049-09).

The motion was adopted by unanimous vote.

* * *

Deputy Mayor Terry 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 September 1, 2009.

“AN ORDINANCE CREATING CERTAIN OFFICES, POSITIONS AND EMPLOYMENTS IN THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND FIXING THE SALARY RANGES THEREOF.” (O-050-09 2009 Management (Non-Union) Salary Ordinance).

The motion was adopted by the following vote: “Ayes” Mayor Fried, Deputy Mayor Terry and Councilors Africk, Lewis, and Murnick. “Nay” Councilor Baskerville. “Abstained” Councilor Weller.

* * *
Mayor Fried 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 September 1, 2009.

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“BOND ORDINANCE AMENDING IN ITS ENTIRETY BOND ORDINANCE O-016-09 OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS, FINALLY ADOPTED MAY 5, 2009 TO PROVIDE FOR A $290,400 STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AND TO DECREASE THE DOWN PAYMENT TO $16,500.” (O-051-09).

The motion was adopted by unanimous vote.

 * * *

Mayor Fried 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 September 1, 2009.

“BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMUNT OF $4,085,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,880,750 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” (O-052-09).

The motion was adopted by unanimous vote.

* * *

On motion made by Councilor Baskerville and duly seconded, the following resolution was adopted by the following vote: “Ayes” Mayor Fried, Deputy Mayor Terry and Councilors Baskerville, Lewis, Murnick and Weller. “Nay” Councilor Africk.

WHEREAS, the Township of Montclair is the owner of property commonly known as 399 Orange Road and designated as Block 3904 Lot 57 on the Township Tax Maps; and

WHEREAS, the property was previously used as a gasoline station and automobile service center prior to its acquisition by the Township through an in rem tax foreclosure; and

WHEREAS, the Township has received a grant from the state Hazardous Discharge Site Remediation Fund Municipal Grant Program to conduct an environmental investigation of the property, and the Township intends to perform such remedial activities as may be required by the New Jersey Department of Environmental Protection to remediate any subsurface contamination or other environmental issues affecting the property; and

WHEREAS, the Township Council believes that, upon completion of the required environmental activities, the property would be best utilized for open space or recreational purposes in that such uses promote public health, safety and welfare by, among other things, restricting development in a densely populated area and improving the Township’s carbon footprint; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township property commonly known as 399 Orange Road shall be utilized for open space and/or recreational purposes in accordance with a plan to be approved by the Township Council.

* * *

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

WHEREAS, Section F-3103.3 of the New Jersey State Fire Prevention Code provides that a municipal governing body must 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, St. Sebastian Society has submitted an application to the Montclair Fire Department to conduct a fireworks display on the afternoon of August 29 and 30, 2009; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Council hereby authorizes a fireworks display by St. Sebastian Society on the aforesaid dates upon the approved contractor’s satisfaction of all requirements with regard to same to be verified by the Montclair Fire Department.

* * *

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On motion made by Mayor Fried and duly seconded, the following resolution was adopted by the following vote: “Ayes” Mayor Fried and Councilors Baskerville, Lewis and Weller. “Nays” Deputy Mayor Terry and Councilors Africk and Murnick.

WHEREAS, Montclair State University (“MSU”) has prepared plans which provide for a reconfiguration of the entrance and exits to the university on Normal Avenue, a county road, including reconfiguration and expansion of the intersection of Normal Avenue and Carlisle Road, as part of an overall plan for a new entry plaza to the University and revised traffic circulation throughout the campus (the “Project”); and

WHEREAS, various Township residents have expressed concerns regarding the potential negative impact of the Project, as well as other MSU projects, upon the adjoining residential neighborhood, and have requested the township assistance in addressing those concerns; and

WHEREAS, the Township Council wishes to adopt this resolution as an expression of the Township’s position regarding the proposed Project; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, as follows:

1. The Township Council supports the goals and objectives of the Project and believes that, if properly implemented, the Project will benefit the University and the Township by improving traffic flow and reducing the consequences of congestion.

2. The Council generally supports all efforts to better integrate the University with the Township by protecting and preserving the surrounding neighborhood and working within the confines of MSU’s existing footprint, and the Council recognizes the importance to the community of forging a stronger, mutually-beneficial relationship with MSU, as evidenced by the collaborative discussions currently taking place regarding the possible development of student housing along Bloomfield Avenue in the Township’s major commercial district.

3. The Council believes that proper implementation of the Project should include appropriate buffering and other improvements to mitigate, to the maximum extent reasonably possible, any negative consequences of the Project, as well as other MSU projects, upon the immediate neighborhood. Such mitigation efforts should include the following:

(a) creating an aesthetically pleasing visual buffer between the widened roadway and the houses located to the west and south of the University campus;

(b) addressing noise concerns through construction of appropriate noise barriers or other means; and

(c) following all traffic control and safety measures recommended by Essex County and the New Jersey Department of Transportation.

4. The Council also believes that, as a good neighbor, the University should responsibly address residents’ concerns by considering the following measures to mitigate the adverse effect of other University projects and activities:

(a) employing technology to switch down the lighting above Sprague Field and to shade the lights from the Red Hawk Parking Deck; and

(b) implementing further measures to respect and enforce all applicable noise-related restrictions and regulations.

 * * *

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

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount; now therefore

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 BE IT RESOLVED, that the Mayor and Councilof the Township of Montclair in the County of Essex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $17,390.00, which is now available from the Lead Identification and Field Testing Grant in the amount of $17,390.00.and

 BE IT FURTHER RESOLVED, that the like sum of $17,390.00 is hereby appropriated under the caption Lead Identification and Field Testing Grant; and

 BE IT FURTHER RESOLVED that the above is the result of funds from the New Jersey Department of Community Affairs in the amount of $17,390.00.

 * * *

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

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount; now therefore

BE IT RESOLVED, that the Mayor and Councilof the Township of Montclair in the County of Essex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $2,000.00, which is now available for the African American Festival in the amount of $2,000.00. and

BE IT FURTHER RESOLVED, that the like sum of $2,000.00 is hereby appropriated under the caption African American Festival; and

 BE IT FURTHER RESOLVED that the above is the result of funds from Comcast in the amount of $2,000.00.

* * *

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

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, now therefore

BE IT RESOLVED, that the Mayor and Councilof the Township of Montclair in the County of Essex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $2,000.00, which is now available from the FDA Retail Food Specialists Program Standards Funding in the amount of $2,000.00.and

BE IT FURTHER RESOLVED, that the like sum of $2,000.00 is hereby appropriated under the caption FDA Retail Food Specialists Program Standards Funding; and

 BE IT FURTHER RESOLVED that the above is the result of funds from the FDA Central Region Retail Food Specialists in the amount of $2,000.00.

 * * *

On motion made by Mayor Fried and duly seconded, the following resolution was adopted by the following vote: “Ayes” Mayor Fried and Councilors Baskerville, Lewis and Weller. “Nays” Deputy Mayor Terry and Councilors Africk and Murnick.

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WHEREAS, the Township Council occasionally receives requests from residents and other parties soliciting the Township’s support for or opposition to governmental or non-governmental projects which affect Township residents but which are not within the Township’s jurisdiction, such as projects involving county roads and projects proposed by the State and other governmental agencies and instrumentalities, including NJ Transit; and

WHEREAS, the Council wishes to establish uniform procedures and protocols for the processing, review and consideration of such requests in order to assure that the governing body is able to communicate the "position" of the Township; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the following procedures and protocols shall apply to all resident requests for an expression of the Township’s position regarding governmental or non-governmental projects which affect Township residents but which are not within the Township’s jurisdiction:

1. All such requests shall be submitted to the Township Clerk who will forward same to the Township Council.

2. The Township Council shall inform the Township Manager of each request and the Manager shall pursue with Township staff whatever technical assessments may be necessary or appropriate regarding the subject of the request.

3. The Township Manager shall make a written recommendation to the Township Council regarding the subject of the request, accompanied by any supporting reports or documentation.

4. The Township Council shall express the official position of the Township in the form of a Resolution.

* * *

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

WHEREAS, the Township of Montclair is the owner of two narrow strips of land, each measuring 1.82 feet in width, designated as Block 803 Lot 66 and Block 803 Lot 55 on the Township Tax Maps (the “Township Lots”); and

WHEREAS, the Township Lots directly adjoin the northerly and southerly sides of the public street known as Potter Court; and

WHEREAS, the Township Lots are not needed for any public use and the Township Engineer has determined that the Lots would be better utilized to expand the Potter Court right-of-way to 50 feet which is the preferred right-of-way width for most residential streets pursuant to the New Jersey Residential Site Improvement Standards (“RSIS”); now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township-owned properties designated as Block 803 Lot 66 and Block 803 Lot 55 on the Township Tax Maps be merged with and become a part of the public right-of-way of Potter Court; and

BE IT FURTHER RESOLVED that, in order to implement this Resolution, the Mayor and Township Clerk be and they are hereby authorized to execute and attest a Deed of Dedication for the subject properties in a form approved by the Township Attorney.

* * *

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

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, now therefore

BE IT RESOLVED, that the Mayor and Councilof the Township of Montclair in the County of Essex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $2,500.00, which is now available from the New Jersey Health Officers Association in the amount of $2,500.00.; and

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BE IT FURTHER RESOLVED, that the like sum of $2,500.00 is hereby appropriated under the caption New Jersey Health Officers Association Emergency Preparedness Grant; and

BE IT FURTHER RESOLVED that the above is the result of funds from the New Jersey Department of Health and Senior Services in the amount of $2,500.00.

* * *

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

WHEREAS, the Township Manager has certified that an emergency exists requiring emergency repairs of a substantial water main running underneath New Jersey Transit railroad tracks; and

WHEREAS, said emergency requires two separate contracts to be awarded; and

WHEREAS, as per the attached memorandum from the Township’s Director of Utilities quotes have been obtained for each of the aforesaid contracts, now therefore

BE IT RESOLVED that the following contracts are hereby approved and awarded:

  • A contract for liner installation to Spiniello Co. of Fairfield, New Jersey in the amount of $63,700; and
  • A contract for valve installation and related work to CRJ Contracting Corporation of Plainfield, New Jersey in the amount of $27,600; and

BE IT FURTHER RESOLVED that this resolution should take effect upon receipt of certificate of availability of funds from the Chief Financial Officer

* * *

On motion made by Councilor Murnick 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: “$793,151.01.

* * *

 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: Second Amended Intralocal and Lease Agreement between the Township of Montclair
and the Montclair Parking Authority.

Architectural and Engineering Services for Child Care Center DMR Proposal Number: 27-062. Agreement between Township of Montclair and DMR for architectural and engineering services for the tenant fit-out of the child care space in the building at 11 Pine Street.

Letter from Angela Feyeux, 150 Forest Street, in opposition to the fee being considered for overnight parking.

* * *

Mr. Joseph Hartnett reported that negotiations with Glen Ridge for various shared utility
services have been completed. He also announced that the transfer of Parking Enforcement Officers to the
jurisdiction of the Parking Authority will occur shortly.

Councilor Murnick acknowledged that the resolution addressing issues at Montclair State
University was passed; however, he continues to have concerns regarding the language contained in the
resolution. Other items:

  • Opening of Elevation Burger
  • Fundraiser at Aspen East for the Montclair Ambulance Unit

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Councilor Africk stated that “people of good will get things done.” He asked the public
 to consider what the DCH project could be if successful.

 Councilor Lewis suggested that Montclair residents visit the following website:
 www.destinationmontclair.

 Councilor Baskerville attended several events including “Rockin the Suburbs.”
Additional information can be found at artsfestival.com. She announced a free health fair at Glenfield
School from 12:40 to 4:00 pm. She also noted a Girls Softball Game to raise funds for the Montclair
High School football team.

 Councilor Weller thanked Dr. Baskerville for hosting an informative meeting regarding
an Elected vs. Appointed Board of Education and a meeting regarding pre-K’s in the community. She will
hold another skateboard meeting on Monday, August 10 at the Municipal Building, First Floor Council
Chambers at 2:00 pm.

 Deputy Mayor Terry offered his support to residents in the neighborhood of Montclair
State University by “standing with them” but does not believe resolutions offered earlier this evening
were necessary.

 Mayor Fried reported on his recent trip to Turkey sponsored by an inter-faith dialog
community. He explained his position on the Montclair State University resolution.

* * *

 PUBLIC COMMENT

Mayor Fried asked if there was anyone present wishing to be heard regarding any matters of
interest or importance.

Ms. Rhonda Smith, 12 Cross Street, asked the Council to consider overnight parking on this
street due to the lack of driveways in the area.

Ms. Chandra Frankfort, 12 Orange Road, requested on-street overnight permit parking.

Ms. Stephanie Wood, 62 Orange Road. asked why she only learned of the possibility of a
Montclair State University/DCH project after the fact.

 Mr. Nicholas Fiorescente, Valley Road, suggested that speed bumps be implemented at all
Township intersections. He also objected to the contracted salary for the Superintendent of Schools.

 Mr. Hrant Yousoufian, One Argyle Road, complimented Mayor Fried on his initiative to
attempt to hold taxes. He also believes it is unfair to penalize residents who require overnight on the
street parking.

 Mr. Ron Mazurer, 385 Bloomfield Avenue, expressed concern regarding the cleanliness of
certain local restaurants.

 Ms. Julie Skulnick 34 Riverview Drive, asked why the Township could not do more to curb the
 escalating development of Montclair State University.

 Mr. Terrance Kelly, 61 Forest Street, complained about his treatment by the Township’s building
inspector.

 Mr. Mark Clayton, 61 Forest Street, complimented the Montclair police on their efforts;
however, he complained about poor treatment by the building inspector.

 There being no one else present wishing to be heard, Mayor Fried closed the public comment
portion of the meeting.

* * *

At 12:01 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, the public body is of the opinion that such circumstances presently exist,

 -186-

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 1:02 A.M., on motion made by Mayor Fried and duly seconded, the Executive Session was
adjourned by unanimous vote.

* * *

At 1:03 A.M., the Regular Meeting reconvened.
All Present

On motion made by Deputy Mayor Terry and duly seconded, the following resolution was adopted by the following vote: “Ayes” Deputy Mayor Terry and Councilors Africk, Baskerville, Lewis and Murnick. “Nays” Mayor Fried and Councilor Weller.

WHEREAS, Township Manager Joseph M. Hartnett has advised the Township Council of his intent to retire; and

WHEREAS, the Manager has a written employment contract with the Township, and

WHEREAS, the Council and the Manager wish to cooperate in an orderly transition that permits the Township Council to act in an efficient and timely manner to recruit and retain a new Township Manager;

NOW, THEREFORE, BE IT RESOLVED that the terms and conditions set forth in the attached amendment to Joseph M. Hartnett’s employment contract with the Township are hereby approved and the Township Attorney is hereby authorized to prepare a formal contract amendment setting forth said terms and conditions, said amendment to be executed by the Mayor on behalf of the Township; and

BE IT FURTHER RESOLVED that the Township Council hereby approves the payments due pursuant to the attached amendment and authorizes the Chief Financial Officer to issue same.

* * *

At 1:05 A.M., on motion made by Mayor Fried and duly seconded, the Regular Meeting was adjourned by unanimous vote.

___________________________________________
JERRY FRIED MAYOR

ATTEST

____________________________________________
LINDA S. WANAT MUNICIPAL CLERK