2011-01-18 - Montclair Township

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MONTCLAIR, NEW JERSEY
January 18, 2011
The Council of the Township of Montclair, in the County of Essex, met in the Council Chambers in the
Municipal Building, 205 Claremont Avenue, for a pre-meeting conference at 7:10 P.M.
Present: Mayor Fried, Deputy Mayor Weller-Demming, and Councilors Africk, Baskerville, Lewis, Murnick,
and Terry
Absent: None
STATEMENT OF SUNSHINE NOTICE
At 7:11 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 7:13 P.M. on motion made by Mayor Fried and duly seconded, the pre-meeting conference was
adjourned by unanimous vote.
*****
At 7:18 P.M. the Executive Session was convened in the Second Floor Conference Room.
At 7:55 P.M. the Executive Session was adjourned.
*****
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 Regular Meeting at 8:00 P.M.
Present: Mayor Fried, Deputy Mayor Weller-Demming, and Councilors Africk, Baskerville, Lewis, Murnick,
and Terry
Absent: None
STATEMENT OF SUNSHINE NOTICE
PLEDGE OF ALLEGIANCE
On motion made by Mayor Fried and duly seconded, the minutes of January 4, 2011 were approved by
unanimous vote.
*****
Mayor Fried briefed the public on the items covered in the Executive session: Labor Negotiations and
Appointments to Boards, Commissions and Committees.
*****
PROCLAMATIONS
On motion made by Councilor Lewis and duly seconded, the following proclamation was adopted by
unanimous vote:
WHEREAS, In an effort to help stem the tide of hunger in New Jersey, the Rotary Club of Montclair is
sponsoring the third annual Montclair Restaurant Week which will take place from January 24th to February 6,
2011; and
WHEREAS, Restaurant Week will feature the culinary artistry of more than 40 Montclair restaurants,
all offering special prix fixe menus to patrons. For every prix fixe meal served, one dollar will be added to the
check. 100 percent of this fundraising effort will then be donated to local food charities including the Human
Needs Food Pantry, the Salvation Army Feeding Program and Tony’s Kitchen; and
WHEREAS, Last year the Rotary Club raised $8,900 from Restaurant Week. The event brings
business to Montclair and provides food and comfort to hundreds of local families through three local charities;
now therefore

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BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, proclaim
January 24, 2011 to February 6, 2011 as Restaurant Week in Montclair and suggest that Montclair residents eat
locally and explore the wide variety of cuisines available to you in your own hometown while supporting the
hungry of the State.
John Deermount and Tom Conk, members of the Rotary Club of Montclair accepted the proclamation.
*****
On motion made by Councilor Murnick and duly seconded, the following proclamation was adopted
by unanimous vote:
WHEREAS Monsignor John G. Judge, pastor of St. Cassian Church, is being honored at a reception to
be held at Noon in the school gymnasium on Sunday, January 23, 2011; and
WHEREAS Monsignor Judge, who has shared his gift of faith during his service as Pastor of St.
Cassian Church for fourteen years, is retiring on February 1st; and
WHEREAS Monsignor Judge is a graduate of Seton Hall Prep and Seton Hall University where he
obtained a Master of Divinity degree. He completed his theological studies at Immaculate Conception
Seminary in Mahwah and was ordained on May 31, 1969. Monsignor has acted in a variety of parish roles
throughout his career including serving at Our Lady of Lourdes in West Orange; acting as curate and
administrator at Immaculate Conception Church in Montclair; pastor of St. Henry’s Church in Bayonne and
administrator at Our Lady of Perpetual Help in Oakland, New Jersey before his arrival at St. Cassian in 1997.
He has also served as chaplain in hospitals in Montclair and at Pascack Valley Hospital and St. Barnabas
Medical Center; and
WHEREAS In addition to serving his congregation’s spiritual needs Monsignor has also served their
temporal needs acting as an excellent steward of the church’s resources. Father Jack’s enthusiasm for life,
defense of the disenfranchised and help to those in need have made him much beloved by all whose lives he has
touched in his tenure at St. Cassian Church; now therefore
BE IT RESOLVED that the Township Council of Montclair recognizes the many contributions
MONSIGNOR JOHN G. JUDGE has made to our community and to his parish family and joins with his
family, friends and fellow Montclair residents in wishing him well in his retirement; and
BE IT FURTHER RESOLVED that a copy of this Proclamation be presented to Monsignor Judge.
Business Improvement District Budget Hearing
*****
Mayor Fried asked whether anyone present wished to be heard regarding the BID budget.
There being no one wishing to be heard, Mayor Fried closed the hearing.
On motion made by Councilor Lewis and duly seconded, a resolution to approve the BID budget will
be added to tonight’s agenda.
Councilor Lewis explained that the BID budget is paid through assessments on properties within the
improvement district; that Council approval of that budget allows for the billing of those assessments.
Discussion of Tax Appeals
*****
Township Attorney Ira Karasick noted the enormous expense to the Township for tax credits, refunds
and attorney fees. The amounts refunded or credited since the 2007 revaluation:
2007 $1,877,000
2008 $1,353,000
2009 $1,440,000
2010 $2,562,000 (through October)
In addition, attorneys’ fees for tax appeals for 2009 and 2010 reached over $410,000. He noted that
approximately 270 tax appeal cases are still outstanding.
Due to the current real estate market, he anticipates more tax appeals, but stated that he will be
working on them “in house” in order to minimize the impact on the Township.
Mr. Karasick noted that the date for reassessment had already passed for 2011.
Mr. Karasick reported that he is putting together an advisory group of local residents with expertise
related to tax appeals to advise him. He noted the inequities between taxpayers who appeal their taxes and
those who don’t.
He also explained that refunds, credits, and attorney fees for tax appeals can no longer be paid through
bonding. Township Manager Dashield added that this ruling will have a direct effect on the Township’s
operating budget.

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Both Councilor Africk and Mayor Fried acknowledged and thanked the Attorney for his efforts.
Manager’s Budget Discussion
*****
Township Manager Marc Dashield stated that the municipal budget is “really a statement of the level
of services that can be provided to the community.” He noted that the Council had received copies of his
“Manager’s Budget” prior to the statutory deadline, and emphasized that this is not the final document, but
rather a starting point.
Mr. Dashield explained that the biggest challenge will be reaching the 2% levy cap set by the State.
He noted that debt service, pension increases, and health insurance increases are exempt from the cap, leaving
the possibility of a final tax increase of approximately 5%. He stated that the 2011 budget must be reduced by
$3.3 million in order to meet the State mandate; areas affected by the cuts would be in personnel (15-20
people), programs (to be determined), and the library (limited to statutory funding).
Mr. Dashield asked for guidance from the Council as well as the Operating Budget Advisory
Committee. His goals are to hold budget hearings in early February, introduce the budget in late February, and
adopt the budget by late March. He encouraged members of the public to attend the budget hearings, and noted
that a schedule to allow for attendance at various hours will be set up.
Mayor Fried clarified that only 25% of an individual’s tax bill is the municipal portion.
Discussion of Auditing Contract
*****
Township Manager Marc Dashield outlined the process for choosing an auditing firm.
Mayor Fried read a statement from Chief Financial Officer Gordon Stelter supporting the
reappointment of Samuel Klein & Company.
Councilor Africk supports changing the auditor. He believes having “fresh eyes is well worth it.”
Councilor Murnick concurred that change would be good.
Councilor Lewis stated that while he initially thought it would be prudent to change, having read the
reports offered by the CFO, he now believes the decisions of the CFO and Manager should be deferred to.
Deputy Mayor Weller-Demming and Councilor Terry offered opinions of support but with
reservations.
*****
PUBLIC COMMENT ON ORDINANCES ON FIRST READING, RESOLUTIONS, AND
PROCLAMATIONS
Mayor Fried asked if there was anyone present wishing to be heard regarding any matter of interest or
importance.
Martin Schwartz, 83 South Fullerton Avenue, urged a change in auditors. He believes the budget
process is “conducted backwards.”
Luther Flurry, 14 Madison Avenue, encouraged a change in auditor for next year. He believes that
changing the person within an auditing firm is “no change.” He suggested that the current auditing firm be
given notice now that it will not be rehired.
for.”
Brian Clarkson, 114 Highland Avenue, noted that even among auditing firms “you get what you pay
There being no one else wishing to be heard, Mayor Fried closed the public comment portion of the
meeting.
*****
NEW BUSINESS-ORDINANCES FIRST READING/INTRODUCTION
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 February 15, 2011:
“ORDINANCE AMENDING MONTCLAIR CODE CHAPTER 313 – TAXICABS AND LIVERIES”
(O-01-11)
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 February 15, 2011:

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“ORDINANCE AMENDING CHAPTER 202: LAND USE PROCEDURES OF THE TOWNSHIP
CODE (ARTICLE III: PROVDSIONS APPLICABLE TO BOTH PALNNING BOARD AND ZONING
BOARD OF ADJUSTMENT) TO UPDATE PROCEDURES AND VARIOUS FEES” (O-02-11)
The motion was adopted by unanimous vote.
Township Planner Janice Talley explained that the change in the ordinance was the result of her budget
planning and that the new structure would create “user fees” that are “reasonable compared to other towns.”
Mayor Fried expressed appreciation for Ms. Talley’s efforts in this area. He noted that the fees
correspond to the amount of actual work being done by staff members.
*****
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 February 15, 2011:
“AMENDED 2009 THRU 2011 SALARY ORDINANCE FOR A.F.S.C.M.E. EMPLOYEES” (O-03-11)
The motion was adopted by unanimous vote.
Township Manager noted that the salary ordinances being presented reflect the concessions made by the
unions for last year.
*****
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 February 15, 2011:
“AMENDED 2009 THRU 2011 OPEIU (OFFICE & PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION) SALARY ORDINANCE” (O-04-11)
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 February 15, 2011:
“AMENDED 2009 THRU 2011 OPEIU SCHOOL CROSSING GUARDS SALARY ORDINANCE”
(O-05-11)
The motion was adopted by unanimous vote.
*****
NEW BUSINESS – RESOLUTIONS
On motion made by Councilor Lewis and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, Nowell Amoroso Klein Bierman, P.A. has represented the Township in connection with
real estate tax appeals filed with the Essex County Board of Taxation and the New Jersey Tax Court, and in
other tax matters; and
WHEREAS, Nowell Amoroso Klein Bierman, P.A. continues to represent the Township in tax appeals
which remain pending in the New Jersey Tax Court; and there exists a continued need for the Township to
engage experienced legal counsel with special expertise and experience in real estate taxation and the
representation of municipalities in real estate tax appeals; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5, authorizes the Township to enter into
contracts for professional services without competitive bidding; and
WHEREAS, this contract is being awarded in accordance with the requirements of N.J.S.A. 19:44A-
20.5 et seq. applicable to non-fair and open contracts; and
WHEREAS, Nowell Amoroso Klein Bierman, P.A., 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
Township enter into a Professional Services Agreement with Nowell Amoroso Klein Bierman, P.A. for a oneyear
period commencing January 1, 2011 and ending December 31, 2011 in accordance with the terms of the
attached fee proposal letter, in order to continue its existing representation and to provide additional
professional services as may be assigned by the Township; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk be and they are hereby authorized
to execute and attest the aforesaid agreement with Nowell Amoroso Klein Bierman, P.A. as set forth above in

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an amount not to exceed $50,000, subject to certification of the availability of funds by the Chief Financial
Officer; and
BE IT FURTHER RESOLVED that the Township Clerk shall publish notice in the Montclair Times
stating the nature, duration, service and amount of this Professional Services Agreement, and further stating that
copies of this Resolution and the agreement are on file and available for inspection in the Township Clerk’s
office.
*****
On motion made by Councilor Baskerville and duly seconded, the following resolution was adopted by
unanimous vote:
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that
LANNY KURZWEIL be and he hereby is REAPPOINTED to serve as FIRST ALTERNATE MEMBER of the
PLANNING BOARD effective January 1, 2011 and terminating December 31, 2012.
*****
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 IRA SMITH
and JONATHAN PERLSTEIN be and they hereby are REAPPOINTED to serve as CLASS A MEMBERS to the
Historic Preservation Commission effective January 1, 2011 and terminating December 31, 2014.
BE IT FURTHER RESOLVED by the Council of the Township of Montclair, in the County of Essex,
that STEPHEN ROONEY, be and he hereby is APPOINTED to serve as a CLASS C MEMBER to the Historic
Preservation Commission effective January 1, 2011 and terminating December 31, 2014.
*****
On motion made by Councilor Terry 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 the
Mayor and Township Clerk be and they hereby are authorized to execute and attest an Agreement between the
Township and the Essex County Department of Citizen Services – Division On Aging to provide visiting nurse
services to targeted older adult population living in the designated service area of this project. Special emphasis
will be placed on providing visiting nurses to the frail, impoverished, minority and vulnerable. Copy of said
agreement is attached hereto and made a part hereof. The Agreement provides funding in the amount of
$15,534 by the Division On Aging.
*****
On motion made by Councilor Baskerville and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, the Township Council of the Township of Montclair, County of Essex, State of New
Jersey recognizes that obesity is a growing epidemic in our country, posing serious health risks including
chronic diseases and adverse social and psychological effects; and
WHEREAS, the Township Council further recognizes that it is incumbent upon not only public
officials but on the entire community to take action to prevent obesity; and
WHEREAS, the Montclair Department of Health and Senior Services has received a Grant in the
amount of $15,000 to cover costs to increase access to healthy foods from various sources including but not
limited to Montclair Farmers’ Market, Community Gardens and donations from private gardeners and
distribution at appropriate sites targeting Montclair residents unable to afford fresh produce. The Grant provides
for purchase and installation of six (6) bicycle racks to provide for safe bicycle storage at various locations in
Montclair as well as mile markers for Canterbury and Edgemont Parks; 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 the acceptance of this “Mini Grant” from Grantor,
Partners for Health, a Community Foundation serving the Montclair area;
2. The Township Council acknowledges the terms and conditions for administrating the grant,
including the administrative compliance requirements set forth in the Grant Agreement.
*****
On motion made by Councilor Lewis and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, pursuant to N.J.S.A. 40a:11-12A AND N.J.A.C. 5:34-7.29(c), the Township may, by
resolution and without advertising for bids, purchase goods or services under the State of 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; and
WHEREAS, the Township of Montclair has a need to purchase, on a timely basis, goods or services
utilizing State contracts during 2011; and

WHEREAS, the Township of Montclair plans to utilize the State Contract Vendors listed on the
attachment, such transaction shall be subject to all conditions applicable to the current State contracts; now
therefore
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BE IT RESOLVED, by the Council of the Township of Montclair, in the County of Essex, that the
Township Purchasing Agent is hereby authorized to purchase goods or services in 2011 from the approved New
Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State contracts;
and
BE IT FURTHER RESOLVED that, pursuant to N.J.A.C. 5:30-5.5(b), prior to placing any order for
goods or services in accordance with this Resolution, a certification of available funds shall be executed by the
Chief Financial Officer and attached to the file copy of the purchase order or other similar document.
*****
On motion made by Councilor Baskerville and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, the Township of Montclair and the Township of Nutley wish to enter into a contract for
the furnishing of health services of a technical and professional nature; and
WHEREAS, the Township of Montclair agrees to pay the Township of Nutley during the contract
period, January 1, 2011 to December 31, 2012, thirty-five dollars ($35) per hour of nursing time which includes
administrative costs for 15 hours per week of nursing time; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the
Township -Manager be and are hereby authorized to execute the attached agreement with the Township of
Nutley for Professional Public Health Nursing Services.
*****
On motion made by Councilor Baskerville and duly seconded, the following resolution was adopted by
unanimous vote:
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the
Mayor and Township Clerk be and they hereby are authorized to execute and attest an agreement with the
Montclair Board of Education for the Township to provide nursing services to non-public schools for the 2010-
2011 school year, in accordance with N.J.S.A. 18A:40-23, in the form attached hereto and made a part hereof.
*****
On motion made by Deputy Mayor Weller-Demming 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
JANICE TALLEY and RENEE BASKERVILLE be and they hereby are authorized to serve as Montclair’s
representatives to the Essex County Community Development Representatives Committee for the year 2011;
and
BE IT FINALLY RESOLVED that any and all actions made to date by the above mentioned
representatives are hereby ratified and confirmed.
*****
On motion made by Councilor Murnick and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, there exists a continuing need for the Township of Montclair to engage the services of a
firm to provide historic preservation services on behalf of the Historic Preservation Commission; and
WHEREAS, N.J.S.A. 40A:11-5(1)(a)(ii) of the Local Public Contracts Law permits a municipality to
enter into contracts for extraordinary unspecifiable services without competitive bidding; and
WHEREAS, the services required by the Township constitute extraordinary unspecifiable services in
that there is a critical and essential need for expertise, extensive training and proven reputation in the field of
historic preservation and the services are of such a qualitative nature that the performance of the services cannot
be reasonably described by written specifications; and
WHEREAS, the Township Council has received a Standard Certification Declaration for An
Extraordinary Unspecifiable Service as required by the Division of Local Government Services; and
WHEREAS, the Township has previously contracted with Christina Rule for historic preservation
services during the period from July 1, 2010 through December 31, 2010; and
WHEREAS, the Township is required to advance historic preservation policies and process and review
applications for certificates of appropriateness on a timely basis, which services have been performed
satisfactorily by Christina Rule;
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the

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Mayor and Township Clerk be and are hereby authorized to execute a contract with Christina Rule for historic
preservation services for the period between January 1, 2011 through December 31, 2011 for a sum not to
exceed $23,200 pursuant to a proposal dated December 14, 2010; 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 Councilor Terry and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, on February 2, 2010, the Township Council adopted a resolution authorizing the Arborist
Consultant Services contract with First Mountain Arboriculture L.L.C. of Caldwell, New Jersey, for arborist
consultant services to be provided to the Township; and
WHEREAS, the contract was awarded for a period of 1 (one) year with option to renew the contract
for one additional (1) year; and
WHEREAS, the Township of Montclair would like to renew the one year contract period of January 1,
2011 through December 31, 2011 with First Mountain Arboriculture, L.L.C. with same terms and conditions not
to exceed $33,450; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the
aforementioned renewal contract is hereby approved, and the Mayor and Township Clerk are hereby authorized
to execute and attest to the Township’s renewal agreement with First Mountain Arboriculture, L.L.C. for
arborist consulting services to be provided to the Township, subject to certification of funds by the Chief
Financial Officer.
*****
On motion made by Councilor Lewis and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, a number of local government units in the State of New Jersey have joined together to
form a Joint Insurance Fund as permitted by the Chapter 372 Laws of 1983 (40A:1-36); and
WHEREAS, the statutes and regulations governing the creation and operation of a Joint Insurance
Fund contain elaborate restrictions and safeguards concerning the safe and efficient administration of the public
interest entrusted to such a Fund; and
WHEREAS, the Governing Body of the Township of Montclair, has determined that membership in
the Garden State Municipal Joint Insurance Fund (hereinafter referred to as the “Fund”) is in the best interests
of itself and its citizens; and
WHEREAS, the Governing Body of the Township of Montclair has previously executed a resolution
to join the Garden State Municipal Joint Insurance Fund subject to the acceptance of its assessment; now
therefore
BE IT RESOLVED that the Montclair Township Council (hereinafter referred to as the
“Municipality”) does hereby resolve and agree to renew its membership in the Fund for a period not to exceed
three (3) years beginning January 1, 2011 to December 31, 2013 for the purpose of establishing the following
types of coverage:
Workers’ Compensation and Employer’s Liability;
General Liability including law enforcement and public officials liability;
Motor vehicle liability;
Property damage (buildings, contents, equipment, and motor vehicles); and
BE IT FURTHER RESOLVED, that the Municipality has never defaulted on claims and has not been
canceled for non-payment of insurance premiums for a period of at least two years prior to the adoption of this
Resolution; and
BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are authorized and directed to
execute the Indemnity and Trust Agreement and such other documents signifying membership in the Fund and
to deliver same to the Executive Director of the Fund with the express reservation that said document shall
become effective only upon approval by the New Jersey Department of Insurance and the Department of
Community Affairs.
*****
On motion made by Councilor Lewis and duly seconded, the following resolution was adopted by
unanimous vote:
WHEREAS, the Township of Montclair is a member of the Garden State Municipal Joint Fund
(GSMJIF); and

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WHEREAS, it is required by the GSMJIF bylaws for the Township of Montclair to have representation
on the Board of Commissioners; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, County of Essex, State of New
Jersey that:
1. Marc Dashield is hereby appointed as Fund Commissioner representing the Township of
Montclair on the Garden State Municipal Joint Insurance Fund Board of Commissioners.
2. Frank E. Leslie is hereby appointed Alternate Fund Commissioner representing the Township of
Montclair on the garden State Municipal Joint Insurance Fund Board of Commissioners.
vote:
*****
On motion made by Mayor Fried and duly seconded, the following resolution was adopted by unanimous
WHEREAS, The State of New Jersey Local Fiscal Affairs Law, N.J.S.A. 40A:5 et seq. requires that
the Governing Body of a Municipal corporation shall, by resolution passed by a majority vote of the full
membership thereof, designate a public depository or depositories for the investment of local funds in interest
bearing accounts and other permitted investments; and
WHEREAS, N.J.S.A. 40A:5 – 15.1 amended by Chapter 148, P.L. 1997 established new requirements
for the investment of public funds and adoption of a cash management plan for counties, municipalities and
authorities; and
WHEREAS, the Mayor and Council of the Township of Montclair wish to comply with the above
statutes; now therefore
BE IT RESOLVED, that the Mayor and Council of the Township of Montclair adopt the attached cash
management plan, including the official depositories for the Township of Montclair for the calendar year 2011.
*****
On motion made by Mayor Fried and duly seconded, the following resolution was adopted by the following
vote:
Ayes: Mayor Fried, Deputy Mayor Weller-Demming, and Councilors Baskerville, Lewis, Murnick and Terry
Nays: Councilor Africk
WHEREAS, the Township wishes to contract for the services of a municipal auditor for the 2010 fiscal
year and additional financial services related to the issuance of Township debt; and
WHEREAS, the Township issued a Request for Qualification to provide the required service of a
professional municipal auditor and other financial services and in response thereto the Township received six
proposals to provide the requested services; and
WHEREAS, Samuel Klein and Company, 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 entity
from making any reportable contributions during term of this contract; and
WHEREAS, this agreement is being awarded pursuant to a “fair and open process”as defined in
N.J.S.A. 19:44A-20.4 et seq.; 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 Samuel Klein and Company to serve as municipal auditor for the 2010
fiscal year, for the sum of $81,040.00, in accordance with a proposal dated June 9, 2010 attached hereto and
made a part hereof; and
BE IT FURTHER RESOLVED by the Council of the Township of Montclair, in the County of Essex,
that as the need arises the Township utilize the services of Samuel Klein and Company in order to issue
authorized debt throughout the year including but not limited to the issuance of their opinion on the most recent
five years of financial statements; and
BE IT FINALLY RESOLVED that notice shall be published in the Montclair Times stating the nature,
duration, service and amount of the attached agreement and that copies of this Resolution and the agreement are
on file and available for inspection in the office of the Township Clerk.
vote:
*****
On motion made by Mayor Fried and duly seconded, the following resolution was adopted by unanimous
WHEREAS, the Township of Montclair has received a proposed budget for the year 2011 from the
Montclair Center Corporation, the district management corporation responsible for the management and
operation of the Montclair Center Special Improvement District; and

WHEREAS, N.J.S.A. 40:56-84 and Montclair Code Section 293-3 provide that said budget be
introduced and approved by the governing body and that the budget thereafter be advertised and a public
hearing held with regard to same, prior to adoption; and
WHEREAS, the budget was introduced and approved at the Township Council meeting held on
January 4, 2011 and subsequently published; and
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WHEREAS, a public hearing was held on January 18, 2011; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the
2011 Budget received from the Montclair Center Corporation and attached hereto is hereby adopted.
*****
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 person for the
amount respectively as hereinafter stated to wit: $1,116,054.84.
*****
PUBLIC COMMENT
Mayor Fried asked if there was anyone present wishing to be heard regarding any matters of interest or
importance.
Christine McGoey, 112 Upper Mountain Avenue, representing Save Our Schools, reported that their online
petition to preserve all schools within the Township has been signed by over 1,000 people so far, with one-third
of the signers adding comments and concerns. Ms. McGoey will present a report to the Council .
Other residents who spoke in support of no school closings:
Milly Silva, 439 Valley Road
Gabriela Bambrick, 238 Grove Street
Ervil Spencer, 71 Gordonhurst Avenue
Mike Barton, 49 Brookfield Road
Francesca Elms, 135 Squirehill Road
Gerald Fierst, 259 Park Street
Ylonda Caviness, 529 Highland Avenue
Lilly Jones, 17 Stephen Street
Ilmar Vanderer, 127 Edgemont Road
Sue Ridley, 658 Valley Road
Councilor Africk noted that residents should voice their concerns at Board of Education meetings, since it
is that body that makes the decisions about school matters.
Karen Andrews, 66 Mountain Avenue, Bloomfield, appealed to the Council to save the Bellevue Avenue
Branch Library.
John Downing, One Duryea Road, said the library is a “bedrock of the town,” citing the large number of
people who use the Bellevue Avenue Branch.
Nick Fiorescente, 165 Valley Road, believes the Township should sell Watchung Park for housing
development.
*****
Township Manager Marc Dashield reported that the cost to the Township of the January 11, 12, 2011 storm
was $29,330 for labor and materials. He also reported that the Township netted approximately $18,000 from First
Night.
Township Attorney Ira Karasick reported that the Township will aggressively pursue collecting the over
$329,000 due from the PILOT (payment in lieu of taxes) agreement with The Sienna for the retail phase of the
project.
Other issues being addressed by Mr. Karasick are:
- Litigation about vending machines in the Clary Anderson Arena – in mediation
- Litigation re: Essex County Mental Health Association – June 2, 2011 court date
- Cell tower – moving along
Councilor Murnick suggested that the Main Library consider curtailing its hours to enable the Bellevue
Avenue Branch to stay open.
He announced a February 7 First Ward meeting at the Bellevue Avenue Branch Library to discuss the
Montclair State University sewer project.
Councilor Murnick also reported the house fire in his ward that resulted in a fatality. He urged everyone to
be particularly mindful of fire safety measures, especially during the winter months.

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Councilor Africk believes that the character and quality of Montclair schools is the most important factor to
its residents, and acknowledged the difficulties faced by the Board of Education. He also noted that his time has
been spent examining the tax assessment situation.
*****
Councilor Baskerville left the meeting.
*****
Councilor Lewis recognized Councilor Baskerville’s involvement in the Dr. Martin Luther King, Jr.
celebration.
He announced a meeting of the Traffic and Parking Advisory Committee, January 19, 7:30 P.M., at the Fire
Headquarters, One Pine Street, and invited the public to attend.
Councilor Terry invited the public to attend a meeting of the Shared Services Advisory Committee,
January 19, 7:00 P.M., 2 nd Floor Conference Room, in the Municipal Building, 205 Claremont Avenue. He noted
that efforts will be made toward sharing services with area Police Departments.
He also urged residents to pay attention to the speed limits in town and “slow down” while driving.
Deputy Mayor Weller-Demming acknowledged the “unprecedented time of challenge” concerning both
municipal and school budgets. She contemplated how the Council could “meet the financial realities while
preserving the character and quality” of the Township, and noted that their decisions will be “unbearably difficult.”
Ms. Weller-Demming also noted that she is a “proud product of the magnet schools,” and expressed her
belief that Montclair public school students receive an extraordinary education.
Mayor Fried acknowledged the concerns of residents regarding the schools and libraries. He expressed his
hope “for a brighter future down the road” while explaining the realities of State mandated expenses, and the
challenge of meeting core services.
Mayor Fried attended the following events:
- non-profit fund raiser for Darfur sponsored by Montclair High School students (raised $3,000)
- Environmental Commission meeting (Rails with Trails)
- Montclair High School Dr. Martin Luther King, Jr. Scholarship Breakfast
- Books and Beyond
- Operating Budget Advisory Committee meeting
- Steering committee on the Master Plan - $500,000 awarded for the South Park Street project
Mayor Fried also announced the Montclair Concert for Haiti on January 29
*****
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:
Monthly report for the month of January 2010: Tax Collector $7,553,407.02
Oaths of Office: Levar Washington, Firefighter
From the NJ Division of Local Government Services: approval of Township’s request to exclude from the
CAP an emergency appropriation of $175,000 for Liability Insurance.
From NJDEP: “No Further Action” letter re: 429 Orange Road
From NJDEP: Receptor Evaluation Form re: 572 Valley Road (former Exxon station)
From Atlantic Richfield Co. to NJDEP: copy of Classification Exception Area report re: 328 Orange
Road, Angelo Miele & Sons property.
*****
At 11:15 P.M. on motion made by Mayor Fried and duly seconded, the meeting was adjourned by
unanimous vote.
ATTEST:
__________________________________
JERRY FRIED
MAYOR
_________________________________
CARLA A. HOROWITZ
DEPUTY MUNICIPAL CLERK