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Montclair Township

Council Minutes 04-11-06
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    MONTCLAIR, NEW JERSEY April 11, 2006


    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 7:06 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Mattox and Tobin.
Absent: Councilors Lang and Schlager

STATEMENT OF SUNSHINE NOTICE

    Review of agenda for the Regular Meeting.

REAR YARD PICKUP (REFUSE):

    Guests: Mr. Steve Wood, Director of Community Services and Mr. Rob Bianco, Superintendent of Refuse Removal.

    These men agreed that additional marketing and changes in the collection policy may increase the financial viability of this service.

    Other considerations: Outsourcing to a private vendor.

* * *

LEAF BAGGING:

    Mr. Steve Wood, Director of Community Services, provided the following evaluation of the leaf removal collection to date.

    “Based upon our operational observations and residents’ feedback, the bagged leaf collection program was clearly a success. The resident’s cooperation was excellent, DCS personnel met their responsibilities and provided a timely, efficient and professional service whether they were providing leaf bags, helping residents with their questions, directing landscapers or actually collecting the leaf bags.

    For the Fall 2006 bagged leaf collection season, we will have a season’s experience behind us, and we will continue to improve our program. At this time we expect to improve public notice, standardize our response to frequently asked questions and clean the curb lines sooner.”

    Mayor Remsen noted that, considering the short turn around time, the leaf bagging went well. The Township will hold a feedback meeting with residents at a date to be determined.

* * *

    At 8:05 P.M., on motion made by Mayor Remsen and duly seconded, the pre-meeting conference was adjourned by unanimous vote.

* * *

    
    The Council of the Township of Montclair, in the County of Essex, met in the Council Chambers in the Municipal Building, 205 Claremont Avenue, for a Regular Meeting at 8:10 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Mattox, and Tobin.
Absent: Councilors Lang and Schlager

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE LED BY SCOUTS FROM TROOP 12

* * *

 PRESENTATION OF PROCLAMATIONS TO SCOUTS FOR CITIZENSHIP BADGE:

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

WHEREAS, the Boy Scouts of America, incorporated on February 8, 1910, and chartered by Congress in 1916, work to provide an educational program for boys and young adults to build character, to train in the responsibilities of participating citizenship, and to develop personal fitness; and




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WHEREAS, the merit badge program provides opportunities for youth to explore more than 100 fields of skill and knowledge and plays a key role in the fulfillment of the Boy Scouts’ commitment to education. Instruction is offered in everything from animal science and public speaking to swimming and communications, provided Scouts within valuable career, physical and interpersonal skills; and

WHEREAS, to earn a merit badge for Citizenship in the Community, scouts must display an understanding of their community’s history, government, services, budget, volunteer organizations and important issues. Scouts learn how to demonstrate good citizenship and how to play a valuable role in their community; and
 
WHEREAS, the following young men are members of the class studying to attain their Citizenship in the Community merit badge: Justin Canha, Chris Cusenza, Eric Frazzano, Joey Giustina, Daniel Gottesman, Jason Ortiz, Kailan Ottaway, Drew Schmetterling, Tom Smith, Ben Spinelli, Arian Stolt, Jake Thomas, Kristoff Van Winden and Max Vecchiarelli; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, commend the above members of Troop 12 of their hard work in attaining the

CITIZENSHIP IN THE COMMUNITY MERIT BADGE

* * *

MAYOR’S REPORT

    * * *

    PUBLIC COMMENT


    Ms. Maria VanWinden, 3 Ferncliff Terrace, referenced a recent proposal presented to the Board of Education to adopt a “no idling” policy for school buses. However, she believes the policy discussed by the Board of Education does not meet standards included in the “Healthy Montclair” proposal. She asked the Council to support their proposal.

* * *
 
PENDING ORDINANCE

    The pending ordinance entitled: “AN ORDINANCE TO AMEND CHAPTER 341 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR, NEW JERSEY” (06-13 Change in Water Rates) passed first reading March 28, 2006 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.
 
 * * *

The pending ordinance entitled: “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 347 OF THE CODE OF THE TOWNSHIP OF MONTCLAIR” (05-62 Ordinance amending the original inclusionary zoning ordinance) passed first reading March 28, 2006 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.

    Public Hearing was postponed to April 25, 2006.

* * *

NEW BUSINESS

    Mayor Remsen introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 25, 2006.

    “ORDINANCE ADOPTING A NEW BURGLAR AND FIRE ALARM ORDINANCE FOR THE TOWNSHIP OF MONTCLAIR AND AMENDING CHAPTER 71 OF THE TOWNSHIP CODE.” (06-16).

    The motion was adopted by unanimous vote.

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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 April 25, 2006.

    “ORDINANCE AMENDING THE ZONING ORDINANCE—CHAPTER 347 OF THE CODE
OF THE TOWNSHIP OF MONTCLAIR.” (06-17)     

    The motion was adopted by unanimous vote.

* * *

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

    WHEREAS, on or about April 1, 2003, the Township of Montclair entered into an Intralocal Agreement with the Parking Authority of the Township of Montclair (the “Intralocal Agreement”) ; and

    WHEREAS, pursuant to Section 403(b) of the Intralocal Agreement, the Township granted to the Montclair Parking Authority the right to establish parking fees and the days and hours of operation for certain Municipal Parking Facilities (as defined in the Intralocal Agreement) for a period of three years; and

    WHEREAS, the Intralocal Agreement provides that the rights granted to the Montclair Parking Authority under Section 403(b) of the Agreement would continue for the remaining term of the Agreement unless the Township adopts a resolution within thirty days of the expiration of the aforementioned three-year period rescinding the rights granted to the Parking Authority; and

    WHEREAS, the Township and the Montclair Parking Authority are presently engaged in discussions regarding the possibility of amending and/or expanding the terms of the Intralocal Agreement, which discussions will not likely be concluded before April 30, 2006; now therefore

    BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the rights granted to the Montclair Parking Authority to establish parking fees and the days and hours of operation for Municipal Parking Facilities pursuant to Section 403(b) of the Intralocal Agreement, dated as of April 1, 2003, be and are hereby rescinded effective April 30, 2006; and

    BE IT FURTHER RESOLVED that the Mayor and Township Clerk be and they are hereby authorized to execute and attest an amendment to the Intralocal Agreement providing for an extension of the rights granted to the Montclair Parking Authority under Section 403(b) of said Agreement for a period of nine months, i.e., through December 31, 2006, in a form to be approved by the Township Attorney.

* * *

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

    WHEREAS, on March 20, 2006, the Township of Montclair opened and read bids for the Purchase and Delivery of Fire Hydrants, Fire Hydrant Extensions, Break-Away Kits and Retainer Gland Kits, as prescribed by law; and

    WHEREAS, BRENT MATERIAL COMPANY submitted the lowest responsible bid (various prices for the various items) meeting the specifications; and

    WHEREAS, this proposal was solicited through a fair and open process in accordance with the New Jersey Local Unit Pay-to-Play Law, P.L. 2004, C. 19 (amended by P.L. 2005 C. 51) N.J.S.A. 19:44A-20.5 et seq.; and

    WHEREAS, the above-stated unit prices (which include shipping/delivery charges) are to remain firm prices for two years commencing the date of award of contract; now therefore

    BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the contract for the Purchase and Delivery of Fire Hydrants, Fire Hydrant Extensions, Break-Away Kits and Retainer Gland Kits be and is hereby awarded to BRENT MATERIAL COMPANY of 741 Northfield Avenue, West Orange, New Jersey. The monies for these purchases have been appropriated in the Water Capital Budget. Complete details of the contract are attached hereto and made a part hereof.

     * * *

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

    WHEREAS, on March 20, 2006, the Township opened and read bids as prescribed by law for the performance of renovations and additions to pathways in various municipal parks; and
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    WHEREAS, in the advertisement for bids, the Township reserved the right to reject any and all bids; and

    WHEREAS, under the New Jersey Local Public Contracts Law, N.J.S.A.40A:11-1 et seq., a municipality may reject all bids if it has decided to substantially modify the bid specifications; and

    WHEREAS, following the receipt of bids for this project, the Department of Community Services determined that there were errors and ambiguities in the bid specifications which resulted in a wide disparity in the proposals received and which necessitate that the specifications be substantially modified; now therefore

    BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township hereby rejects all bids received for the above-mentioned project based on the Township’s decision to substantially modify the bid specifications.

* * *

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

    WHEREAS, N.J.S.A.40A:4-20 provides for emergency temporary appropriations necessary for the period prior to adoption of the budget; and

    WHEREAS, an additional appropriation is required to provide for the period until the adoption of the budget; and

    WHEREAS, the total temporary appropriations adopted in the year 2006 pursuant to the provisions of N.J.S.A.40A:4-19 and 49A:4-20 including this resolution total:

    General    $20,713,666.18
    Water    $ 1,834,000.00

    AND, WHEREAS, 26.25 percent of the total appropriations in the 2005 budget less appropriations made for capital improvement fund, debt service and relief of the poor (public assistance) in said 2006 budget are as follows:

    General    $22,772,280.32
    Water    $ 2,049,900.81

    NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A.40A:4-20 said amounts are hereby appropriated in the temporary budget;

    BE IT FURTHER RESOLVED, that said amounts shall be included under the correct headings in the budget when adopted; and

    BE IT FINALLY RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the following list of appropriations be made and that a certified copy of this resolution be filed with the Director of the Division of Local Government Services.

* * *

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

    WHEREAS, the Essex County Board of Taxation has ordered that the Township of Montclair undertake a revaluation of all real property in the Township; and
 
    WHEREAS, the Township of Montclair is desirous of achieving a fair and equitable distribution of property taxes by ensuring that every taxpayer pays his/her fair share of property taxes; and

WHEREAS, N.J.S.A. 40A:11-4.1 of the Local Public Contracts Law permits the use of “competitive contracting” in lieu of public bidding for the procurement of specialized goods and services the price of which exceeds the threshold for public bidding; and

WHEREAS, the Division of Local Government Services and the Division of Taxation recommend the use of the competitive contracting process for proposal solicitations in connection with the revaluation of all real property within the Township of Montclair; and

WHEREAS, the use of competitive contracting is a fair and open process under N.J.S.A. 19:44A-20.5, et seq; and

WHEREAS, on October 24, 2005, the Tax Assessor issued a Request for Proposals to conduct a revaluation of all real property for the tax year 2007, and in response thereto, the Township received three proposals to conduct the required revaluation; and
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WHEREAS, upon review and consideration of the proposals in consultation with the Montclair Fair Valuation Task Force, the Tax Assessor has recommended that the Township engage the firm of Appraisal Systems, Inc. to perform the aforementioned revaluation; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Mayor and Township Clerk be and they are hereby authorized to execute and attest the attached Contract for Revaluation of Real Property with Appraisal Systems, Inc. The funds for this contract have been appropriated pursuant to a special emergency appropriation authorized by Ordinance No. 06-8 adopted on March 14, 2006.

    * * *

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

WHEREAS, by resolution adopted January 31, 2006, the Township of Montclair, pursuant to advertisement duly made, awarded a contract to A & J Contractors Group for construction of Myrtle Avenue gutter improvements, for the original sum of $360,204.00 and

    WHEREAS, it is occasionally necessary to amend the contract to reflect an increase or decrease in the amount of work and/or materials actually required and such an amendment is necessary to fully complete the contract; and

    WHEREAS, circumstances as cited above have resulted in cost changes based upon the bid prices for the subject contract, as listed in Change Order #1 for a total of $123,530.00; and

WHEREAS, funds for such services have been appropriated in the following capital accounts:

Ordinance    Description    Account No.    Amount
            
01-22    Streets, Curbs, Sidewalks    C-04-01-022-000-347    $31,479.47
02-11    Various Street Improvements    C-04-02-011-000-347    2,040.53
03-44    Storm Drainage    C-04-03-044-000-446    90,000.00
now therefore

    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 authorized to execute and attest Change Order #1 to the contract with A &J Contractors, by adding the sum of $123,520.00 ending certification of funds by the Chief Financial Officer. A copy of said Change Order is attached hereto and made a part hereof.

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

WHEREAS, pursuant to Resolution dated April 20, 2003, the Township Council authorized the sale of certain real property owned by the Township commonly known as 399 Orange Road (Block 3904 Lot 57); and

    WHEREAS, a previous Contract to sell this property to 399 Orange Road, LLC was terminated in 2005 as a result of the contract purchaser’s default and failure to close title; and

    WHEREAS, the property was subsequently re-advertised for a public auction sale on December 5, 2005 at which time Michael Boskett submitted the highest bid for the property in the amount of $163,000.00; and

WHEREAS, on December 13, 2005, the Township Council adopted a Resolution authorizing the execution of an agreement to sell the property to Mr. Boskett in accordance with the aforesaid bid; and

    WHEREAS, in light of substantial unremediated contamination of the subject property resulting from its prior use as a gasoline service station, Mr. Boskett has requested the Township’s consent to rescind his bid to purchase the property; and

WHEREAS, it appears that the full extent of the property’s contamination and the associated remediation costs could not be determined until completion of the prospective buyer’s due diligence investigations; and

WHEREAS, the Township has concluded that it would be unfair to compel the successful bidder to acquire the property under the foregoing circumstances; now therefore

    BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Michael Boskett be and is hereby permitted to rescind his bid to purchase the subject property, and the Finance Department is hereby authorized to issue a refund check to Mr. Boskett for the amount of his bid deposit in the amount of $16,300.00 after deducting the sum of $125.98 for advertising costs incurred by the Township; and
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    BE IT FURTHER RESOLVED that this property be promptly re-advertised for public auction sale at the earliest possible time in accordance with the provisions of N.J.S.A. 40A:12-13.

* * *

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

WHEREAS, the Township of Montclair is in need of purchasing a Laserfiche document-imaging system to provide a state-of-the-art electronic document management system; and

    WHEREAS, the Township has received a proposal from Software House International to supply software, hardware and licensing for the required document imaging system for the sum of $27,367.00 pursuant to an approved New Jersey State Contract (No. 2232009648); 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 the New Jersey Cooperative Purchasing Program for any state contracts entered into on behalf of the state by the Division of Purchase and Property in the Department of the Treasury; 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 Software House International pursuant to State Contract No. 223009648 for the purchase and acquisition of a Laserfiche document-imaging system for the sum of $27,367.00, 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 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 KENT HITESHEW be and he hereby is APPOINTED to serve as a member of the CAPITAL FINANCE COMMITTEE commencing immediately.

* * *

    On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
    
WHEREAS, the Township of Montclair, in the County of Essex, New Jersey (“Montclair”), has entered into agreement with Lincoln Montclair Urban Renewal, L.L.C. (the “Redeveloper”) entitled “Redeveloper Agreement for a Portion of the Bay Street Station Redevelopment Area (Phase II) in the Township of Montclair, Essex County, New Jersey, by and between the Township Council of the Township of Montclair, acting as a Redevelopment Entity, and Lincoln Montclair Urban Renewal, L.L.C., Redeveloper” dated October 10, 2003 (the “Redeveloper Agreement”); and

WHEREAS, on November 15, 2004, Montclair adopted a resolution entitled “RESOLUTION OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS TO EFFECTUATE A REDEVELOPER AGREEMENT FOR A PORTION OF THE BAY STREET STATION REDEVELOPMENT AREA (PHASE II)” (the “2004 Resolution”); and

WHEREAS, pursuant to the 2004 Resolution, Montclair executed certain agreements (the “Redevelopment Documents”) in order to effectuate the terms of the Redeveloper Agreement, as provided therein; and

WHEREAS, the Redevelopment Documents are being held in escrow pursuant to an Escrow Agreement dated April 26, 2005 (the “Escrow Agreement”) among Montclair, the Redeveloper, New Jersey Transit Corporation (“Transit”) and McManimon & Scotland, L.L.C., as escrow agent; and

    WHEREAS, in order to consummate the transactions contemplated by the Redeveloper Agreement and the 2004 Resolution, the Redevelopment Documents are to be revised and amended in accordance with the documents listed on the attached Schedule A (the “Revised Redevelopment Documents”); and

    WHEREAS, Montclair and the Redeveloper have agreed that a portion of the “Apartment Building”, as defined in the Redeveloper Agreement, and certain property adjacent to the Apartment Building, will be subleased by LPC Montclair Company, LLC to Montclair pursuant to an Agreement of Sublease (the “Sublease”) and that Montclair will then sublease such space to Day Nurseries, Inc.


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NOW THEREFORE, BE IT RESOLVED by the Members of the Council of the Township of Montclair, in the County of Essex, State of New Jersey, as follows:

Section 1. The Revised Redevelopment Documents are hereby approved. The Mayor of Montclair (the “Mayor”) is hereby authorized to execute, acknowledge and deliver the Revised Redevelopment Documents with any changes, insertions, omissions and amendments as may be approved by the Mayor, with the advice of McManimon & Scotland, L.L.C., as redevelopment counsel to Montclair, and which are not inconsistent with this resolution, the Redeveloper Agreement and the 2004 Resolution. The execution of the Revised Redevelopment Documents shall be conclusive evidence of any approval required by this Section.

Section 2. The Sublease is hereby approved. The Mayor is hereby authorized to execute, acknowledge and deliver the Sublease with any changes, insertions, omissions and amendments as may be approved by the Mayor, with the advice of McManimon & Scotland, L.L.C., as redevelopment counsel to Montclair, and which are not inconsistent with this resolution, the Redeveloper Agreement and the 2004 Resolution. The execution of the Sublease shall be conclusive evidence of any approval required by this Section.

    * * *

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

WHEREAS, there exists a need to retain a consulting engineering firm to provide professional services for evaluation and recommendation of sanitary sewer improvements as a non-fair and open contract pursuant to the provisions of N.J.S.A.19:44A-20.5 et seq.; and

WHEREAS, the Township’s Purchasing Agent has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, RCC Design, Inc. of 76 Goshen Street, Paterson, New jersey has submitted the most desirable proposal/scope of services dated October 28, 2005 in the amount of $66,170.00, according to the requirements of the Township of Montclair, as defined in the request for proposal; and

HEREAS, RCC Design, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that RCC Design, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Montclair in the previous one year, and that the contract will prohibit RCC Design, Inc. from making any reportable contributions through the term of the contract; and

WHEREAS, the Township Manager and Township Engineer recommend that the Township enter into such agreement; now therefore

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 an agreement with RCC Design, Inc. at a cost of not to exceed $66,170.00 in a final form to be approved by the Township Attorney. A copy of said proposal/scope of services is attached hereto and made a part hereof. Funds for said services have been appropriated in the 2004 budget, Account Number C-04-04-048-000-442 (Storm/Sanitary Sewer System-Sect B), pending certification by the Finance Director; and

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution; and

BE IT FURTHER RESOLVED that this award be advertised in The Montclair Times as a professional service in accordance with the Local Public Contracts Law.

    * * *     

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

    WHEREAS, the Mayor and Council of the Township of Montclair, on behalf of the Library and municipal staff, and all Montclair residents pay tribute to Cheryl M. McCoy, who is retiring from her position as Director of the Montclair Public Library; and
 
    WHEREAS, Cheryl McCoy is a long-time Montclair resident and graduate of Montclair High School. She is a graduate of the University of Maryland School of Library and Information Studies where she received a Master of Library Science degree. She is also the recipient of an Advanced Specialist Certificate in public library administration from the University of Wisconsin at Madison; and
 
    WHEREAS, Cheryl McCoy joined the staff of the Montclair Public Library in 1971 and has held the positions of Young Adult Librarian, Community Information Specialist and Assistant Director. She served as Interim Library Director from May of 2001 to July of 2002 at which time she was appointed to the position of Director in which capacity she has served to the present; and
    
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    WHEREAS, Ms. McCoy has a history of community involvement including serving as a member of the Board of Directors of the Montclair-North Essex Y.W.C.A. and the United Way of North Essex Allocations and Planning Committees. She currently serves on the Board of the Montclair Child Development Center, Inc. Her professional memberships include the American and New Jersey Library Associations as well as the black Caucus of the American Library Association; and
    
WHEREAS, in Cheryl McCoy the citizens of Montclair had the benefit of a productive and conscientious professional who sought to share with them her love of books, reading and knowledge and the Library Board, Township Council and Library staff were privileged to work with a contemporary who worked tirelessly to support the Library’s mission of providing Montclair with a center for lifelong learning; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, join with her friends and family in honoring CHERYL M. MC COY for her outstanding contributions to this community.

    * * *
    
    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 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: $1,002,499.07.

    * * *

REPORTS AND COMMUNICATIONS
 

    The Municipal Clerk reported that she had filed in her office a list of reports and communications received since the last meeting.

    On motion made by Mayor Remsen and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.

FILED:    From the Montclair Board of Education:

Certificate of the Board of Education to the Board of School Estimate relating to the school district budget for the 2006-2007 school year.

Certificate of the Board of Education to the Board of School Estimate relating to Authorization of School Bonds for Capital Purposes.

Certificate of the Board of School Estimate to the Board of Education relating to the school district budget for the 2006-2007 school year.

Certificate of the Board of School Estimate to the Board of Education relating to Authorization of School Bonds for Capital Purposes.

Letter from Rees Jones, Rees Jones, Inc., re: the reason for not renewing his C permits.

A signed original and three copies of its municipal consent application for the operation of a cable television system within the Township.

A copy of the Second River Joint Meeting Annual Water Consumption Report which encompasses the five year period of 2001 through 2005.

Notification from the Dept. of Environmental Protection regarding the 2006 Clean Communities entitlement and stating that Montclair’s total is $31,355.89 and will be disbursed no later than mid April.

From the NJ Dept. of Community Affairs, Division of Codes and Standards, the Residential Site Improvement Standards, NJ Administrative Code, Title 5, Chapter 21.

Notice of Possible Suit under Section 7002 (a)(1)(B) of the Resource Conservation and Recovery Act, 42 U.S.C. SS6972 (a)(1)(B).

    * * *

Councilor Mattox recently participated in a rally against genocide in the Darfur region of Sudan.

     
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Councilor Freier emphasized that the upcoming revaluation does not change the amount of taxes to be raised and does not change the budget; rather it revalues all the properties in order that every property owner’s share is equitable.

Councilor Tobin invited all to attend a ribbon-cutting ceremony at the new bus shelters in Upper Montclair Village on May 5th. He also encouraged all to participate in a “Just Do It” project on that same date.

Councilor Tobin reported on the work of the Task Force on the Upper Montclair railroad station and announced a meeting on April 19th at St. James Church at 6 P.M. to discuss a “Historic District landmark” designation for the Upper Montclair Village.

Deputy Mayor Michaelson announced that Planning Board recently held a public hearing on the Master plan Reexamination Report.

Mayor Remsen also attended the Darfur rally . He joined with many Montclair Boy Scouts to celebrate 125 years of scouting at Union Congregational Church.

Township Manager Joseph Hartnett thanked Councilors Freier and Lang for their participation in the Revaluation Task Force. He stated that the entire municipal administrative staff was working hard to develop the 2006 budget.

Municipal Clerk Linda Wanat thanked the Council and Township Manager for their support of the imaging contract awarded earlier this evening.

    * * *

    PUBLIC HEARING

    Mayor Remsen 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. Ben Schorr, 81 Alexander Avenue, a student in the Civics and Government Institute at Montclair
High School asked for a progress report regarding resolutions sent to the Mayor for possible passage by
the Township Council. Mayor Remsen stated that he needs to meet with Mr. Murray and the students at the
Institute to discuss the format of these resolutions and their passage as legislation from the Council.

    Mr. Peter Giuffra, 69 Montclair Avenue, asked if it was possible to place a moratorium on development
within the community. He also asked if the Township would support the Kyoto initiative which sets standards for
the environment.

    Mr. Nick Fiornascente, 165 Valley Road, asked if the public had the right to vote for or against a
municipal revaluation.

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

* * *

    At 9:35 P.M., on motion made by Mayor Remsen and duly seconded, the regular meeting was closed by
unanimous vote.






________________________________________________
    EDWARD REMSEN     MAYOR


ATTEST:




________________________________________
LINDA S. WANAT    MUNICIPAL CLERK