2012-08-21 - Montclair Township

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MONTCLAIR, NEW JERSEY
August 21, 2012
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 7:15 P.M.
Present: Mayor Jackson, Deputy Mayor Russo and Councilors Hurlock, McMahon, Schlager, and Spiller
Absent: Councilor Baskerville
STATEMENT OF SUNSHINE NOTICE
Agenda Review
The Council reviewed the agenda items for tonight’s meeting.
*****
Mayor Jackson asked whether anyone present wished to address the Councilors regarding any matter
of interest or importance.
Sandy Sorkin, Three Marquette Road, requested the gross debt number reflected on this evening’s
Supplemental Debt Statement and asked whether this is an increase or decrease over the last supplemental debt
statement. He submitted a list of additional questions regarding the bill list which will be addressed by
Township Manager Marc Dashield.
There being no one else wishing to be heard, Mayor Jackson closed the public comment portion of the
meeting.
*****
At 7:55 P.M. on motion made by Mayor Jackson 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 Chamber in the
Municipal Building, 205 Claremont Avenue, for a Regular Meeting at 8:00 P.M.
Present: Mayor Jackson, Deputy Mayor Russo and Councilors Hurlock, McMahon, Schlager, and Spiller
Absent: Councilor Baskerville
STATEMENT OF SUNSHINE NOTICE
PLEDGE OF ALLEGIANCE
On motion made by Mayor Jackson and duly seconded, the minutes of July 17, July 23, and August 7,
2012 were approved by unanimous vote.
*****
Municipal Clerk Linda Wanat stated: “Mayor and Council, I wish to report that the Chief Financial
Officer has this day filed with me a Supplement 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 2009, 2010, and
2011 to be 1.116%.
*****
PROCLAMATIONS
On motion made by Deputy Mayor Russo and duly seconded, the following proclamation was adopted
by unanimous vote:
WHEREAS, the passing of Constance Buchanan Arnott, at age 90, on July 22, 2012, leaves
Montclair mourning the loss of a woman who was an integral member of the municipal family – a dedicated,
knowledgeable employee, friend and mentor to many, exemplifying by example integrity and grace; and
WHEREAS, Connie was born and raised in Rochester, New York where she attended Rochester Institute
of Technology, graduating in 1942 with a degree in food administration. She moved to Montclair in 1944 and,
prior to taking her position with the Township, was the proprietor of the Carlton Shop in Upper Montclair and the
financial secretary for a dental group in Montclair. She came to the Clerk’s office in June, 1967, became Acting
Clerk in September of that year and was sworn in as Town Clerk on February 1, 1968; and
WHEREAS, during her 44 years in Montclair, Connie served our community in many capacities
including as board member of both the Community Chest and the Red Cross; member of the Montclair
Volunteer Ambulance Unit, the Auxiliary of Mountainside Hospital and St. James Church and as chairwoman
of the Buzz Aldrin Celebration Day in 1969. She was the 2001 grand marshal for the Montclair Fourth of July
parade and a founding member of the Edgemont Park Memorial Restoration Committee – a project close to her
heart due to her concern for veterans. Connie was also a member of the Montclair 100 Club and was the
recipient of their prestigious Montclair Service Award in 2009; and

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WHEREAS, Connie was a devoted mother, proud grandmother and doting great grandmother.
She was the consummate professional, respected by all, especially her colleagues in town hall. Her wonderful
sense of humor made working with her a pleasure; she will be missed by all whose lives she touched; now
therefore
BE IT RESOLVED that the Council of the Township of Montclair expresses its heartfelt gratitude for
the service of Constance Buchanan Arnott to this community and the beauty, dignity, and grace with which she
served. We extend our sympathy to her daughters, grandchildren and great-grandchildren and many other
family and friends.
Municipal Clerk Linda Wanat expressed her trepidation when, as the newly appointed Township
Clerk, she was expected to follow in the footsteps of an icon. She noted with appreciation the support and
direction offered to her by Mrs. Arnott, and for the example she set of service to the Montclair government and
the community.
*****
On motion made by Deputy Mayor Russo and duly seconded, the following proclamation was adopted
by unanimous vote:
WHEREAS, the Council of the Township of Montclair notes with sadness the passing of longtime
Montclair resident Gloria Clark; and
WHEREAS, Gloria Miller McIntosh Clark was born and raised in Washington, D.C. She was a
graduate of Dunbar High School and Howard University where, due to an interest in cooking and a desire to
help her grandfather with his diet when he was diagnosed with diabetes, she studied dietary science. Mrs. Clark
pursued her career working at Mountainside Hospital as a registered dietitian and worked and retired as a home
economist for the Essex County welfare department; and
WHEREAS, an active volunteer, Mrs. Clark was the recipient of several NAACP service awards and
brought her professional expertise and unbridled energy to her work at Toni’s Kitchen. Throughout her life she
served as a mentor to young professional women interested in the food industry. As a community leader she
was a regular attendant at Township meetings and an avid advocate for the less fortunate; and
WHEREAS, Mrs. Clark was a loving and doting grandmother instilling a legacy of education, service,
and activism; now therefore
BE IT RESOLVED that the Council of the Township of Montclair expresses the thanks of a grateful
community for the life and contributions of Gloria Clark and extend our sympathy to her son, grandson,
granddaughters and great grandson and many other family and friends.
Council Committee Reports
*****
Finance – Mayor Jackson reported that this committee continues to work on a long-term debt
management program and school finance issues.
Economic Development – Councilor McMahon stated that this committee is moving forward with
haste collecting data for an economic development plan.
Shared Services – Deputy Mayor Russo informed the Council that this committee has been asked by
the Communications Committee to examine all resources provided by Comcast to the Township; they are also
reviewing a proposal by former Police Chief Thomas Russo to regionalize certain services.
Education – Councilor Hurlock was pleased to announce that this committee will be meeting with
Board of Education officials on September 26.
*****
PUBLIC COMMENT
Mayor Jackson asked whether anyone present wished to address the Councilors regarding any matter
of interest or importance.
Joyce Goldman, Essex County Constituent Services Director, announced that two members of the
Montclair community recently were awarded prizes at the Essex County Art Show. Upcoming events:
Friday, September 7, Movie Night: “Shrek”
Tuesday, September 11, Essex Remembers – a 9/11 commemoration
Nancy LeRoy, 48 South Park Street, complained about the lack of mandated security (required for the
renewal of Sun Restaurant LLC liquor license). She asked what role the Council can play in the enforcement of
this requirement.
Mayor Jackson asked the Township Manager to schedule a meeting with owner Jeff Melnikoff as soon
as possible.

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David Rothenberg, Ten Crestmont Road, believes that the residents of the Rockcliff Cooperative are
bearing the brunt of excessive tax assessments. Township Attorney Ira Karasick explained that the Council has
no authority to become involved in tax issues. The only way adjustments can be made to a tax assessment is
through the tax appeal process.
Ralph Blanche, Ten Crestmont Road, believes that the appraisal company that conducted the recent
reassessment may not have understood the latest sales of units at that address.
Lingard Knutson, One Wilfred Street, expressed concern regarding the proposal to install a well at the
Nishuane Park site. She asked the Council to consider all alternatives before forging ahead with any loss of
park land.
William Scott, 23 Cedar Avenue, reiterated similar concerns and provided a brief history of potential
use of park land considered in the past.
There being no one else wishing to be heard, Mayor Jackson closed the public comment portion of the
meeting.
*****
ORDINANCES – SECOND READING/ADOPTION
The pending ordinance entitled: “ORDINANCE DISSOLVING THE MONTCLAIR PARKING
AUTHORITY” (O-12-50) passed first reading July 17, 2012 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 Jackson asked whether anyone present wished to address the Councilors regarding the proposed
ordinance.
No one present wished to be heard.
On motion made by Councilor McMahon and duly seconded, the public hearing and adoption of
Ordinance O-12-50 (Ordinance Dissolving the Montclair Parking Authority) was continued to the October 2,
2012 Regular Council Meeting.
*****
The pending ordinance entitled: “ORDINANCE OF THE TOWNSHIP OF MONTCLAIR, COUNTY
OF ESSEX, STATE OF NEW JERSEY, APPROVING THE TRANSFER OF A FINANCIAL AGREEMENT
FROM LINCOLN MONTCLAIR URBAN RENEWAL, LLC TO CLPF-MONTCLAIR URBAN RENEWAL,
LLC” (O-12-51) passed first reading July 17, 2012 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 Jackson asked whether anyone present wished to address the Councilors regarding the proposed
ordinance.
There being no one wishing to be heard, Mayor Jackson closed the hearing.
On motion made by Mayor Jackson and duly seconded, the ordinance was adopted by unanimous vote.
*****
NEW BUSINESS – ORDINANCE – FIRST READING/INTRODUCTION
Mayor Jackson 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 18, 2012:
“REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF
ESSEX, NEW JERSEY, PROVIDING FOR THE REFUNDING OF ALL OR A PORTION OF CERTAIN
GENERAL OBLIGATION REFUNDING BONDS (PENSION SERIES 2003) OF THE TOWNSHIP,
APPROPRIATING $2,950,000 THEREFOR AND AUTHORIZING THE ISSUANCE BY THE TOWNSHIP
OF GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF
NOT EXCEEDING $2,950,000 FOR FINANCING THE COST THEREOF” (O-12-52)
The motion was adopted by unanimous vote.
*****
NEW BUSINESS – RESOLUTIONS
On motion made by Deputy Mayor Russo and duly seconded, Resolution R-12-140 was removed from
the table by unanimous vote.

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On motion made by Councilor Schlager and duly seconded, the following resolution (R-12-140) was
adopted by unanimous vote:
WHEREAS, the Township of Montclair received a Certified Local Government grant from the New
Jersey Department of Environmental Protection/State Historic Preservation Office (SHPO) in the amount of
$18,665 to prepare a historic district nomination report for the Watchung historic business district; and
WHEREAS, the Township of Montclair wishes to engage a professional historic preservation firm to
prepare the report pursuant to the Scope of Work approved by SHPO; and
WHEREAS, N.J.S.A. 40A: 11-5 of the Local Public Contracts Law permits a municipality to enter into
contracts for professional services without competitive bidding; and
WHEREAS, Township issued a Request for Proposals (RFP) to provide the required professional
historic preservation services and, in response to the RFP, the Township received one proposal; and
WHEREAS, the Township Department of Planning and Community Development, after review of the
proposal and consultation with the State Historic Preservation Office, recommended the Township retain
Richard Grubb and Associates, Inc. because the firm has the experience necessary to conduct both the
investigation and the public outreach necessary for successful completion of the project; and
WHEREAS, the cost proposal for the project provided by Richard Grubb and Associates, Inc. is not to
exceed $15,580, which is well within the established budget; and
WHEREAS, this contract is being awarded in accordance with the requirements of the New Jersey
“Pay-to-Play” Law, N.J.S.A 19:44a-20.5 et seq.; and
WHEREAS, Richard Grubb and Associates, Inc. has completed and submitted a Business Entity
Disclosure Certification certifying that it has not made any reportable contributions to any political or candidate
committee in the Township of Montclair in the previous one year period, and the subject contract will prohibit
said corporation from making any reportable contributions during the term of this contract; 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 are hereby authorized to execute and attest a contract with Richard Grubb
and Associates, Inc. to provide historic preservation services in connection with the preparation of a historic
district nomination report for the Watchung Historic Business District, as specified in the scope of services and
the grant agreement with SHPO, at a cost not to exceed $15,580, and in a form approved by the Township
Attorney; and
BE IT FURTHER RESOLVED that this Resolution is contingent on certification by the Chief
Financial Officer of the availability of funds; and
BE IT FURTHER RESOLVED that the Township Clerk shall publish a notice in the Montclair Times
stating the nature, duration, service and amount of the Contract and that copies of this resolution and the
Contract are on file and available for inspection in the Office of the Township Clerk.
*****
On motion made by Mayor Jackson and duly seconded, the following consent agenda resolutions were
adopted by unanimous vote:
WHEREAS, the property commonly known as 17 Talbot Street is owned by the Township of
Montclair and was formerly leased to the Hollow Day Care Center; and
WHEREAS, the property carries open water and sewer charges in the amount of $390.93; and
WHEREAS, authorization is required by the governing body to remove the open charges; now
therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Tax
Collector be and she hereby is authorized to cancel the open water and sewer charges in the respective amounts
of $102.25 and $288.68, and delete same from the books and records of the Township. (R-12-152)
*****
WHEREAS, N.J.S. 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 thereof was not determined at the time of the adoption
of the budget, and
WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal
amount, and
WHEREAS, the Mayor and Council of the Township of Montclair will receive funding and wishes to
accept funding from Comcast pursuant to its Comcast cable communications grant in the amount of $5,000.00
and wish to amend its 2012 budget in the sum of $5,000.00 which is now available as a revenue from:
Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government
Services:
Public & Private Revenues Offset with Appropriations: Comcast
Comcast cable communications grant

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Pursuant to provisions of Statute; now, therefore
BE IT RESOLVED by the Mayor and Council of the Township of Montclair that a like sum of $5,000.00
be and it is hereby appropriated and accepted under the caption of General Appropriations
(a) Operations Excluded from Caps
Public & Private Programs Offset by Revenues: Comcast
Comcast cable communications grant
BE IT FURTHER RESOLVED that the Township Clerk forwards two copies of this resolution to the
Director of Local Government Services. (R-12-153)
*****
WHEREAS, the Township Council of the Township of Montclair, in the County of Essex, State of
New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of
all ages; and
WHEREAS, the Township Council further recognizes that it is incumbent upon not only public
officials but upon the entire community to take action to prevent such abuses in our community; and
WHEREAS, the Township Council has applied for funding to the Governor’s Council on Alcoholism
and Drug Abuse through the County of Essex; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, as follows:
1. The Township Council does hereby authorize submission of application for the Montclair
Municipal Alliance grant for the calendar year 2013 in the amount of $55,100.
2. The Township Council acknowledges the terms and conditions for administering the
Municipal Alliance grant, including the administrative compliance and audit requirements.
(R-12-154)
*****
WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day,
and almost 18,000 people each year; and
WHEREAS, 25% of motor vehicle fatalities in New Jersey are alcohol-related; and
WHEREAS, an enforcement crackdown is planned to combat impaired driving; and
WHEREAS, the summer season and the Labor Day holiday in particular are traditionally times of
social gatherings which include alcohol; and
WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement
agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2012 Statewide Crackdown; and
WHEREAS, the project will involve increased impaired driving enforcement from August 17 through
September 3, 2012; and
WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save
lives on our roadways; now therefore
BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, declares its
support for the Drive Sober or Get Pulled Over 2012 Statewide Crackdown from August 17, 2012 through
September 3, 2012 and pledges to increase awareness of the dangers of drinking and driving. (R-12-155)
*****
WHEREAS, the Township of Montclair has submitted an application for Municipal Aid grant for
streetscape improvements on Glenridge Avenue between Cloverhill Place and Pine Street; now therefore
BE IT RESOLVED that Council of the Township of Montclair formally approves the grant application
for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to officially submit the
electronic grant application identified as TE-2012-Montclair Township-00204 to the New Jersey Department of
Transportation on behalf of Montclair.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant
agreement on behalf 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. (R-12-156)
*****
WHEREAS, the Township of Montclair has submitted an application for and has been awarded a grant
for School Travel Safety Enforcement Conduct (Safe Routes to School); now therefore

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BE IT RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement 2012-
DT-BLA-209 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. (R-12-157)
*****
WHEREAS, the Township of Montclair has submitted an application for and has been awarded a grant
for School/Community Encouragement Program (Safe Routes to School); now therefore
BE IT RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement 2012-
DT-BLA-209 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. (R-12-158)
*****
WHEREAS, the Township Council of the Township of Montclair, in the County of Essex, New Jersey
(the "Township") desires to adopt an ordinance dissolving the Montclair Parking Authority (the "Dissolution
Ordinance"); and
WHEREAS, the Township believes that:
(a) it is in the public interest to accomplish such purpose;
(b) said purpose or improvements are for the health, welfare, convenience or betterment of the
inhabitants of the Township;
(c) the amounts to be expended for such purpose or improvements are not unreasonable or exorbitant;
and
(d) the proposal is an efficient and feasible means of providing services for the needs of the
inhabitants of the Township and will not create an undue financial burden to be placed upon the
Township; and
WHEREAS, the Township Council of the Township desires to make application to the Local Finance
Board for its approval of the adoption of the Dissolution Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP
OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, as follows:
Section 1. The Application to the Local Finance Board is hereby approved, and the Township's Bond
Counsel, Township Manager and Chief Financial Officer, along with other representatives of the Township, are
hereby authorized to prepare such application, to file such application with the Local Finance Board and to
represent the Township in matters pertaining thereto.
Section 2. The Clerk is hereby directed to prepare and file copies of this Resolution and the Dissolution
Ordinance with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and
to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute,
including causing its consent to be endorsed upon a certified copy of the Dissolution Ordinance.
Section 4. This Resolution shall take effect immediately upon its adoption. (R-12-159)
*****
On motion made by Councilor McMahon and duly seconded, the following resolution (R-12-160) was
adopted by unanimous vote:
WHEREAS, Block 2003, Portion of Lot 4 is part of the Township of Montclair Nishuane Park, which is
encumbered with restrictions against disposal or diversion from recreation and conservation uses by the New
Jersey Department of Environmental Protection’s Green Acres Program; and
WHEREAS, in conjunction with the proposed Nishuane Well Production Facility, it is necessary to
remove the Green Acres restrictions from a 1.00 acre portion of Nishuane Park; and
WHEREAS, the removal of Green Acres restrictions from parkland requires the approval of the
Commissioner of the Department of Environmental Protection and the State House Commission pursuant to
N.J.A.C. 7:36-26; and
WHEREAS, the Township of Montclair wishes to apply for approval for the Nishuane Well Production
Facility as a minor disposal or diversion of parkland under N.J.A.C. 7:36-26; and
WHEREAS, the first step in the application process for approval of a minor disposal or diversion of
parkland is the filing of a pre-application under N.J.A.C. 7:36-26.4; and
WHEREAS, in accordance with N.J.A.C. 7:36-26.4(d)10, it is necessary for the Township of Montclair
to submit as part of the pre-application a resolution endorsing the application to divert or dispose of parkland;
now therefore

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BE IT RESOLVED by the Mayor and Council of the Township of Montclair, in the County of Essex,
State of New Jersey as follows:
1. The Township of Montclair endorses the filing of a pre-application for the Nishuane Well
Production Facility in Nishuane Park pursuant to N.J.A.C. 7:36-26;
2. The Township of Montclair hereby finds that the Nishuane Well Production Facility in Nishuane
Park would meet the minimum substantive criteria at N.J.A.C. 7:36-26.1(d) by meeting current and
future water demands and by enhancing fire flows to the existing area; and
3. The Township of Montclair acknowledges that in order to obtain the approval of the Nishuane Well
Production Facility in Nishuane Park, all substantive and procedural requirements of N.J.A.C. 7:36-
26 must be met, including compensation requirements at N.J.A.C. 7:36-26.5; and
4. The Township of Montclair acknowledges that in the event the Green Acres Program classifies the
Nishuane Well Production Facility in Nishuane Park as a major disposal or diversion of parkland,
additional application information will be required under N.J.A.C. 7:36-26 before the application can
proceed.
*****
On motion made by Councilor Spiller and duly seconded, the following resolution (R-12-161) was
adopted by unanimous vote:
WHEREAS, by resolution adopted March 6, 2012, the Township of Montclair, pursuant to
advertisement duly made, awarded a contract to D & S Land Development for construction of streetscape
improvements on South Park Street, for an amount not to exceed $901,581.50; and
WHEREAS, by resolution adopted May 1, 2012, the Township of Montclair awarded a Change Order
#1 in the amount of $35,097.50 for construction of a bump out on the southwest corner of the intersection with
Church Street (Bid Alternate “B”); and
WHEREAS, by memorandum dated August 2, 2012, the Township Engineer recommended that the
contract be amended to reflect an increase in the amount of work and/or materials actually required to fully
complete the contract; and
WHEREAS, the Township Manager has indicated his concurrence with the Township Engineer’s
recommendation; and
WHEREAS, based on the foregoing, the Township Council has determined that it is necessary and
appropriate to approve a change order to the subject contract (Change Order #2) in the amount of $38,100.00;
and
WHEREAS, funds for this purpose have been provided for in the 2012 Capital budget identified by
Account Number C-04-12-027-000-102 in the accounting records of the Township; now therefore
BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that the
Township of Montclair enter into an agreement with D & S Land Development for Change Order #2 in the
amount of $38,100.00 to be charged to the account above or as otherwise determined to be correct by the Chief
Financial Officer’s pending certification of funds.
*****
On motion made by Councilor Hurlock and duly seconded, the following resolution (R-12-162) was
adopted by unanimous vote:
WHEREAS, application has been filed for a Person-to-Person and Place-to-Place transfer of the
inactive Plenary Retail Consumption License 0713-32-005-007, issued to Montclair Hospitality, LLC, with a
mailing address of 1401 Broad Street, Clifton, NJ, to Trois Cochons, LLC, and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been
paid, and the license has been properly renewed for the current license term; and
WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 13
of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and
conditions consistent with Title 33; and
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used
in the purchase of the license and the licensed business and all additional financing obtained in connection with
the license business;
NOW THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in Essex
County, does hereby approve, effective August 22, 2012, the Person-to-Person and Place-to-Place transfer of the
aforesaid Plenary Retail Distribution License to Trois Cochons, LLC, and does hereby direct the Municipal Clerk
to endorse the license certificate as follows: “This license, subject to all of its terms and conditions, is hereby
transferred to Trois Cochons, LLC effective August 22, 2012.”
*****
On motion made by Councilor Hurlock and duly seconded, the following resolution (R-12-163) was
adopted by unanimous vote:

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WHEREAS, the property commonly known as 52 Oakwood Avenue (Block 1809 Lot 25) is the
subject of litigation in the New Jersey Tax Court; and
WHEREAS, a settlement has been reached which, among other things, requires that the 2011
assessment be set at $850,000, which requires authorization by the governing body for the Tax Assessor to enter
into the assessment book; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Tax
Assessor be and she hereby is authorized to enter the proposed settlement of $850,000 as the assessment for
2011 for the property at 52 Oakwood Avenue; and be it further
RESOLVED, that the amount of taxes for 2011 shall be revised and any credit or refund given based
on the 2011 settlement.
*****
On motion made by Councilor McMahon and duly seconded, the following resolution (R-12-164) was
adopted by unanimous vote:
WHEREAS, the Township of Montclair requires the replacement of two existing packer
trucks identified as DCS-118 and DCS-137; and
WHEREAS, Beyer Bros. Corp. provided the low bid on Bid #12-14 to provide such a product; and
WHEREAS, the Township of Montclair desires to purchase two (2) new 2013 Volvo
VHD64B Truck Chassis with 29 Cubic Yard High Compaction Rear Loading Packer Bodies and Snow
Plows without trade-in of old equipment for a price of $436,624.00; 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 Beyer Bros. Corp. for the purchase of two (2) new 2013 Volvo
VHD64B Truck Chassis with 29 Cubic Yard High Compaction Rear Loading Packer Bodies and Snow Plows
without trade-in of old equipment in an amount not to exceed $436,624.00 pending Certification of Funds by
the Chief Financial Officer; and
BE IT FURTHER RESOLVED, that the funds for this purchase have been appropriated in the 2012
Capital Budget, Account Number C-04-12-040-000-100.
*****
On motion made by Councilor Schlager and duly seconded, the following resolution (R-12-165) was
adopted by unanimous vote:
WHEREAS, on June 27, 2012 the Township of Montclair opened and read bids for dredging and
construction of a new retaining wall surrounding Edgemont Pond and improvements to the parking area, as
prescribed by law; and
WHEREAS, the bids received exceed the available budget allocation for this project; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the bid
proposals received for dredging and wall construction at Edgemont Pond be and they are hereby rejected.
*****
On motion made by Deputy Mayor Russo and duly seconded, the following resolution (R-12-166) was
adopted by unanimous vote:
A RESOLUTION to terminate all participation under the State Health Benefits Program and School
Employees' Health Benefits Program (including Prescription Drug Plan and/or Dental Plan coverage).
BE IT RESOLVED:
1. The Township of Montclair, Essex County hereby resolves to terminate its participation in the program
(Medical Plan, Prescription Drug Plan, and/or Dental Plan coverage) thereby canceling coverage provided
by the State Health Benefits Program and/or School Employees' Health Benefits Program (N.J.S.A. 52:14-
17.25 et seq.) for all of its active and retired employees.
2. We shall notify all active employees of the date of their termination of coverage under the program.
3. We understand that the Division of Pensions and Benefits will notify retired employees of the
cancellation of their coverage.
4. We understand that all COBRA participants will be notified by the Division of Pensions and Benefits and
advised to contact our office concerning a possible alternative health, prescription drug, and dental insurance
plan.
5. We understand that this resolution shall take effect the first of the month following a 60-day period beginning
with the receipt of the resolution by the State Health Benefits Commission or School Employees' Health
Benefits Commission.
*****

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On motion made by Councilor Schlager and duly seconded, the following resolution (R-12-167) was
adopted by unanimous vote:
WHEREAS, the Township of Montclair has submitted an application for Municipal Aid grant for
street lighting improvements on Valley Road between Walnut Street and Chestnut Street; now therefore
BE IT RESOLVED that Council of the Township of Montclair formally approves the grant application
for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to officially submit the
electronic grant application identified as TE-2012-Montclair Township-00027 to the New Jersey Department of
Transportation on behalf of Montclair.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant
agreement on behalf 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 Councilor Schlager 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 by drawn on the Treasurer to the order of such
person for the amount respectively as hereinafter stated to wit: $1,763,993.07.
*****
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 Jackson and duly seconded, the following reports and communications
were accepted and ordered to be made part of the minutes of this meeting.
FILED:
Monthly report for the month of June 2012: Tax Collector $1,987,086.81
Revised Monthly report for the month of June 2012: Tax Collector $1,987,056.81
Monthly report for the month of July 2012: Tax Collector $11,914,355.66
Letter from the Division of Housing & Community Development awarding various Community
Development Block Grants.
Letter from the NJ Department of Transportation announcing applications for infrastructure programs.
A fully executed contract between Essex County Division of Senior Services and the Montclair
Department of Health for Visiting Nurse services for 2012.
A fully executed contract between TSUI Corporation and the Township for Electrical Services.
A fully executed contract between M.B.T. Contracting Corporation and the Township for Plumbing
Services.
license.
Notice from the Division of Alcoholic Beverage Control that Greek Taverna, Inc. has a State winery
Annual Audit for 2011 for the Montclair Free Public Library.
Notice of Underground Storage Tank Removal for the former Exxon facility, 264 Bloomfield Avenue.
Response Action Outcome Letter from Veridian Environmental Consultants re: 437 Park Street;
remediation complete.
No Further Action Letters from the NJ DEP regarding the following properties:
25 Aubrey Road
67 Cedar Avenue
258 Claremont Avenue
Six Erwin Park
Two Greenview Way
553 Grove Street
167 Highland Avenue
127 Inwood Avenue
128 and 249 North Mountain Avenue
268 Orange Road
229, 261, and 386 Upper Mountain Avenue
17 Waterbury Road
*****
Councilor Hurlock thanked all those who attended his recent First Ward meeting at the Bellevue
Avenue Branch Library. He expressed appreciation to the Bellevue Avenue Branch Library staff for their
assistance. He also announced the Upper Montclair Sidewalk Sale on September 15.

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Councilor Schlager reported on a recent meeting of residents of the Rockcliff Cooperative apartments.
She stated that the Friends of Watchung Plaza will hold a clean-up on Saturday, September 8.
Councilor McMahon referenced “The Reluctant Hero,” a book written by a local resident who was
present at the 9/11 disaster. He endorsed the author’s proposal for a national day of service. He also suggested
that we “be kind when nobody’s looking.” Councilor McMahon invited interested individuals to attend the
Montclair Ambulance Unit annual golf outing at the Essex Fells Country Club in October.
Deputy Mayor Russo provided positive health pointers to Montclair youngsters. He also announced an
effort to raise funds for the renaming of the Montclair Child Development Center’s Fulton Street Head Start
building to the “Audrey Fletcher-Lee Building” in recognition of her outstanding work on behalf of the
Montclair community.
Deputy Mayor Russo applauded the successful efforts of three Montclair High School students: Emma
Axelrod, Summi Siegal, and Elena Tsemberis who lobbied the Federal Commission on Presidential Debates to
select a female moderator for an upcoming presidential debate.
Deputy Mayor Russo recently joined Montclair High School graduates and outstanding track and field
athletes Miki and Lisa Barber to promote the Montclair Grass Roots youth program.
Councilor Spiller announced that the Business Improvement District is conducting a survey on
sanitation disposal in the district. He also announced a Vincent Place pot luck supper, Saturday, August 25.
Mayor Jackson participated in a meeting on August 5 with residents of Vincent Place, several Council
members, Deputy Police Chief Conforti, and other police officers. He also attended a special gathering
sponsored by the National Council of Jewish Women. The purpose of this event was to provide clothing and
school supplies to young people returning to school in the fall. He urged the Montclair community to support
this effort.
Mayor Jackson congratulated all those involved in a most successful jazz event in the municipality.
Township Manager Marc Dashield provided an update on the South Park Street project.
Sanford Sorkin, Three Marquette Road, complimented the Council on the efficiency of their meetings.
*****
At 9:24 P.M. on motion made by Mayor Jackson and duly seconded, the meeting was adjourned by
unanimous vote.
ATTEST:
________________________________
ROBERT JACKSON MAYOR
________________________________________
LINDA S. WANAT MUNICIPAL CLERK