MONTCLAIR, NEW JERSEY

September 11, 2007

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 7:09 P.M.

Present:  Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin

Absent:  None

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

CONFERENCE MEETING – SEPTEMBER 18^TH AGENDA:

• Strategic plan items
• Streets and curbs
• Four-way stop signs
• Future vision for Channel 34
• Committee appointments 

REGULAR MEETING – SEPTEMBER 25^TH AGENDA:

Parking Advisory Committee’s recommendations regarding parking on Lloyd Road.

* * * 

PUBLIC MEMORIALS:

The Council determined that “memorial trees” will be included in the Township’s memorial guidelines.  Chief Kevin Allen will serve as pro-tem chair of the Public Memorials Committee.  He will convene a meeting of this group shortly.

* * * 

PUBLIC COMMENT

Mr. Cary Africk noted that it was his understanding that the Mission/New Redevelopment ordinance was scheduled for first reading at this evening’s meeting. Township Attorney Alan Trembulak indicated that the ordinance had previously been introduced and a public hearing held.  Therefore, the Council may vote to adopt or defeat at tonight’s meeting.

Ms. Ruth Wallestad, owner of Wallwood Gardens, 400 Orange Road, also asked for the status of this ordinance.

* * * 

At 7:40 P.M., on motion made by Mayor Remsen and duly seconded, the following resolution was adopted by unanimous vote:

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist,

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

1.  The public shall be excluded from discussion of and action upon the hereinafter specified  subject matters.

2.  The general nature of the subject matters to be discussed are as follows:  Advice of Counsel.

3.  We do not anticipate that the matters discussed will be made public.

4.  This resolution shall take effect immediately.

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At 8:14 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 8:20 P.M.

Present:  Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin.

Absent:  None

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

On motion made by Mayor Remsen and duly seconded, the minutes of August 14 and 21, 2007 were approved by unanimous vote.

* * * 

SUPPLEMENTAL DEBT STATEMENT 

Municipal Clerk Linda Wanat stated:  “Mayor and Council, I wish to report that the Director of Finance has this day filed with me a Supplemental Debt Statement duly verified by his oath showing the percentage the net debt of the Township bears to the average assessed valuation for the years 2004, 2005 and 2006 to be 1.228%.

* * *

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

WHEREAS, DISCOVER WELLNESS initiatives present an opportunity for local citizens to join forces in the national campaign, recognizing the importance of better health and wellness; and

WHEREAS, DISCOVER WELLNESS DAY encourages wellness professionals, consumers and employers involvement to Discover Wellness; the ultimate solution to America’s health care crisis; and

WHEREAS, The DISCOVER WELLNESS campaign outreach includes local, state and national government, citizens, wellness professionals, employers, educators, schools, media and all those interested in providing solutions to America’s #1 crisis, our health care crisis, by improving the health and vitality of each of our lives; and

WHEREAS, The DISCOVER WELLNESS campaign asks that on September 18^th we declare that we are citizens committed to providing all Americans greater access to a revolutionary health care system focused on putting the “health” and the “care” back into health care, and that we want every American to realize that staying healthy is the key to ensuring each of us has the opportunity to experience the richness life has to offer and the key to sharing the richness that we have to offer life; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, do hereby proclaim September 18, 2007 as DISCOVER WELLNESS DAY in the Township of Montclair, State of New Jersey, and urge all of our citizens to encourage and support endeavors of health and wellness in our community and in our lives.

* * * 

Dr. Davis presented Mr. and Mrs. Williams as excellent examples of the “Health and Wellness” movement.  He stated that he would like to spearhead a health/wellness campaign in the Montclair community.

Dr. Davis distributed copies of “Discover Wellness” to members of the Council and administration.

* * *

PUBLIC HEARING

COMCAST APPLICATION FOR MUNICIPAL CONSENT TO RENEW ITS CABLE TELEVISION FRANCHISE 

Mr. Charles Smith, Area Director of  Government and Community Affairs, Comcast.

Mr. Smith read the following statement:

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“We are in the final stages of the cable television franchise renewal process which is governed by both federal and state statues and regulations.

Comcast began the renewal process on or about April 15, 2005, by sending a letter to the Township indicating our intention to seek renewal of our non-exclusive franchise. (Under Section 626 (a) of the Cable Communications Policy Act of 1984).

This was followed by an optional ascertainment period during which the Township had an opportunity to review our performance, assess community needs and issue a report.  The Township’s Municipal Report was issued Earlier this year in April.

Following the State’s timeline, Comcast filed an application for Renewal of Municpal Consent on or about June 14, 2007.  That application has been available for public inspection in the Clerk’s office.

Tonight’s hearing is on that Application.  No action of the Council is required this evening.  However, Tonight’s hearing is an opportunity for both the governing body and Comcast to hear from the Public.

Finaly, in this process the governing body is required to base its franchise renewal decision on the answers to four questions.

1)     Has the cable operator substantially complied with the material terms of the existing franchise and applicable laws?

2)     Has the quality of the operator’s service, including signal quality, response to consumer complaints and billing practices, been reasonable in light of community needs?

3)     Does the operator have the financial, legal, and technical ability to provide the facilities and equipment it is proposing to provide?

4)     Is the cable operator’s franchise renewal proposal reasonable to meet the future cable-related needs and interest of the community, taking into account the costs of meeting such needs and interests?

Two areas the governing body may not consider in deciding whether or not to renew the franchise are:

Rates, which are governed by State and Federal statutes, and are outside of the municipality’s authority.

Programming, the channel lineup is protected under the First Amendment, just as is the content of a newspaper.

However, nothing precludes the public or the governing body from commenting on rates and programming; but such commentary cannot be factored into the municipality’s decision.

I would be happy now to respond to your questions.”

* * *  

Mr. Jerry Kapner, Co-Chair of the Communications Committee, stated that this Committee views Comcast as a partner rather than an adversary.  Mr. Kapner noted that major improvements have been made to Channel 34 and hopes that if the Comcast franchise is approved, support for this effort would continue.  He reported that the ascertainment report indicated that current Comcast customers have experienced problems with customer service and technical difficulties. 

Mr. Rey Reddington, Co-Chair of the Communications Committee, referenced the Ascertainment Report and Comcast’s response to same.  He also presented a letter from Mr. Robert Allcorn, indicating a number of problems with Comcast’s internet connections.

Mr. Richard Insley, 197 Christopher Street, member of the Communications Committee, also made the Council aware of a number of problems with Comcast’s service.  He asked what Comcast intended to do to improve poor signal quality due to insufficient band width capacity.  Mr. Smith stated that Comcast was moving toward a digital system (February 17, 2009).

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Mr. Eddie Uhimuren, 7 St. Luke’s Place, also complained about Comcast’s customer and technical services.

Mr. David Grill, 11 Prescott Street, reiterated concerns regarding poor service from Comcast.  He objects to the Township’s renewal of Comcast’s franchise agreement.

Ms. Katya Wowk, Director of Communications, emphasized the goal that TV34 must make government and community events more accessible to Montclair residents.  To that end, she suggested “live” coverage of Council, Board of Education, Planning and Zoning Board meetings and community programs including school productions and sporting events.  Ms. Wowk recognized the Township’s new station manager, Sharon Colucci, and highlighted several of her new initiatives including more creative programming. i.e., “The Buzz” and an expansion of independently produced programs.

She looks forward to developing a mutually beneficial relationship with the Township’s cable provider that will “ensure growth and development of Channel 34.”  

* * *

Mr. Michael Galella, 31 Brunswick  Road, expressed frustration regarding poor communication dealing with Comcast’s assistance in implementing a small TV station at Watchung School. 

Mr. Jim Peskin, Executive Director, Montclair Arts Council, also requested more programming and technical assistance for Channel 34 from Comcast going forward.

Mr. Charles Smith stated that he would be happy to meet with any of the earlier speakers regarding their problems with Comcast.  He also stated that Comcast was phasing out its use of outside contractors and developing their own in-house support staff.  Mr. Smith reiterated Comcast’s desire to remain a partner with Montclair.

Mr. Clyde Sweatt, 57 Christopher Street, announced that the community has a number of options for other services, i.e., “internet.”  Mr. Sweatt encouraged the Council to consider opportunities for growing educational needs within the Township that may be able to utilize a cable provider’s services, i.e., Montclair Adult School.

Mayor Remsen stated that the Township has the resources to work with a cable provider “to develop a public access station Montclair can be proud of.” 

Councilor Mattox asked Comcast to consider, as part of the negotiations, web companion band width for parallel programming or as a space saver for future negotiations.  He also suggested that Comcast could be viewed as a complete partner if they provided expanded band width and an enlarged storage capacity.

Councilor Mattox expressed appreciation to  Comcast employees for their services to the Watchung School project.

Deputy Mayor Michaelson thanked all of the speakers who spoke at this public hearing.  She suggested that the Council continue the hearing in order for the public to react to the information provided this evening.

Mayor Remsen moved to continue the hearing until the Council meeting of October 9, 2007.  The motion was approved by unanimous vote. 

* * * 

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 October 9, 2007.

“ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 186 OF THE TOWNSHIP CODE ENTITLED “HEALTH STANDARDS” TO ESTABLISH A FEE SCHEDULE FOR VACCINES AND PROGRAMS ADMINISTERED BY THE TOWNSHIP HEALTH DEPARTMENT.” (07-39).

The motion was adopted by unanimous vote.

* * *

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Councilor Schlager 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 25, 2007.

“BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $150,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.”  (07-40).

The motion was adopted by unanimous vote. 

* * * 

Councilor Freier 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 25, 2007.

“BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,330,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,213,975 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” (07-41).

The motion was adopted by unanimous vote.

* * * 

Councilor Tobin 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 October 9, 2007.

“ORDINANCE DESIGNATING “THE VAN REYPER-BOND HOUSE” (848 VALLEY ROAD) AND “THE CLARK HOUSE” (108 ORANGE ROAD) AS HISTORIC LANDMARKS PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE TOWNSHIP OF MONTCLAIR.” (07-42).

The motion was adopted by unanimous vote.

PENDING ORDINANCE 

The pending ordinance entitled: “ORDINANCE ADOPTING THE ELM/NEW & MISSION AREA REDEVELOPMENT PLAN PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW” passed first reading March 20, 2007 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.  The public hearing was held on April 10, 2007 and the ordinance was TABLED by unanimous vote.

Councilor Lang provided information on this ordinance.

The following members of the public offered these comments:

Ms. Pegi Adam, 13 The Fairway, asked if the Township had specific plans for the redevelopment of this area.  She emphasized that any redevelopment of properties along Bloomfield Avenue would possibly create rent increases for current businesses.

Mr. Cary Africk, 2 Erwin Park, asked the Council to differentiate between properties addressed in the Elm/Mission/New Street Redevelopment Plan and those outlined in the ordinance to be voted upon this evening.  He expressed concern regarding this ordinance and the impact on taxes and ratables within the Township.

Councilor Mattox asked if adoption of this ordinance was an example of “spot” zoning. 

On motion made by Councilor Lang and duly seconded, the ordinance WAS REMOVED FROM THE TABLE by unanimous vote. 

Ms. Pegi Adam, 13 The Fairway, asked again for clarification of the parcels defined in the ordinance.

On motion made by Councilor Lang and duly seconded, the ordinance was adopted by the following vote:  “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.  “Nay” Councilor Mattox.  

* * *

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 NEW BUSINESS

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

WHEREAS, the recent changes to the Local Public Contracts Law gave local contracting units the ability to increase their bid threshold up to $29,000; and

WHEREAS, N.J.S.A. 40A:11-3A, permits an increase in the bid threshold if a Qualified Purchasing Agent is appointed as well as granted the authorization to negotiate and award such contracts below the bid threshold; and

WHEREAS, N.J.A.C. 5:34-5 et seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and

WHEREAS, Township Purchasing Agent Edward Cho possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C.5:34-5 et seq.; and

WHEREAS, the Township of Montclair desires to take advantage of the increased bid threshold; now therefore

BE IT RESOLVED that the governing body of the Township of Montclair, in the County of Essex, in the State of New Jersey hereby increases its bid threshold to $29,000.00; and

BE IT FURTHER RESOLVED that in accordance with N.J.A.C.5:34-5.2 the local unit Clerk is hereby authorized and directed to forward a certified copy of this resolution and a copy of Edward Cho’s certification to the Director of the Division of Local Government Services. 

* * * 

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

WHEREAS, the Township of Montclair owns various motor vehicles which are no longer in service, and the Township wishes to dispose of such vehicles; and

WHEREAS, N.J.S.40A:11-36, provides that the governing body of a municipality may authorize the sale by public auction of any personal property not needed for public use; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township shall conduct a public auction of the attached list of surplus township vehicles, in accordance with the provisions of N.J.S.A. 40A:11-36, on Wednesday, September 26, 2007 at 11:00 a.m.

* * * 

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

WHEREAS, on January 13, 2003, the Montclair Planning Board granted Preliminary and Final Site Plan Approval to Montclair Auto Group (the “Developer”) for construction of various improvements, including a new parking deck to be constructed on property commonly known as 39 Orange Road 9the “Property”); and

WHEREAS, pursuant to N.J.S.A. 40:55D-53 and Montclair Code Section 301-39A(2), the Developer posted a performance guarantee with the Township in the total amount of $632,000.00; and

WHEREAS, the Township Council adopted a Resolution on July 24, 2007 authorizing the release of all performance guarantees posted in connection with the subject property, except for the sum of $10,000.00 which was to be withheld pending satisfactory completion of two items noted in the July 5, 2007 Memorandum from the Planning Board Engineer, W. Thomas Watkinson, III, P.E.; and

WHEREAS, the Planning Board Engineer has verified that the Developer has completed all required improvements in accordance with the Planning Board Resolution and applicable Township requirements, including the items noted in his July 5, 2007 Memorandum; now, therefore

BE IT RESOLVED that the Township hereby accepts the improvements determined to be complete and satisfactory by the Planning Board Engineer; and

BE IT FURTHER RESOLVED that the Township release and return to Montclair Auto Group/DCH Investments all performance guarantees posted in connection with the subject property, including interest, except that one-third (1/3) of the interest earned on the performance guarantees shall be retained by the Township for administrative expenses pursuant to N.J.S.A. 40:55D-53.1.

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On motion made by Mayor Remsen and duly seconded, the following resolution was adopted by the following vote:  “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.  “Nay” Councilor Mattox.

WHEREAS, the Township of Montclair is a party to a cooperative purchasing program pursuant to the Local Public Contracts Law N.J.S.A.40A:11-10; and

WHEREAS, the Local Public Contracts Law authorizes a municipality to purchase goods and services through a duly-formed cooperative purchasing system without advertising for bids; and

WHEREAS, the Morris County Cooperative Pricing Council has awarded a contract for the purchase of a 2007 Ford Escape Hybrid (Contract #15-B) to Warnock Ford, 175 Route 10, East Hanover, New Jersey  07936; and

WHEREAS, the Township of Montclair is in need of purchasing a 2007 Ford Escape for the Building Department; and

WHEREAS, the procurement of goods and services through a cooperative purchasing program is an “open and fair process” under the New Jersey Pay-to-Play Law, N.J.S.A.19:44A20:5 et seq; 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 Warnock Ford for the lease with option to purchase of One (1) New 2008 (in place of 2007 model) Ford Escape Hybrid in accordance with the aforementioned Contract attached hereto, in the amount not to exceed $775.26 for 36 months with option to purchase for $1.00 at the end of the lease; and

BE IT FURTHER RESOLVED, that funds for this purchase have been appropriated in the 2007 Budget, Account Number 7-01-22-195-195-2A2 pending certification of funds by the Chief Financial Officer.  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, there exists a need to retain a consultant to provide professional services to include computer aided drafting ; and

WHEREAS, this contract has been awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-to-Play law, N.J.S.A. 19:44A-20.4 et seq.; and

WHEREAS, Bevlynn Designs of Verona, New Jersey has submitted the most desirable proposal/scope of services dated August 15, 2007 in the amount of $43,000.00 , according to the requirements of the Township of Montclair, as defined in the request for proposal; and

WHEREAS, the anticipated term of this contract is one year and may be extended one time as approved by this governing body; 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 Bevlynn Designs to provide computer aided drafting at a cost of not to exceed $ 43,000.00 , 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 2006 budget, Account Number C-04-06-037-000-600 (Pave/Resurface/Streets), pending certification by the Finance Director; 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 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 to include survey and design of various street improvement projects ; and

WHEREAS, this contract has been awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-to-Play law, N.J.S.A. 19:44A-20.4 et seq.; and

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WHEREAS, Keller and Kirkpatrick of 301 Gilbraltar Drive, Suite 2A, Morris Plains, NJ has submitted the most desirable proposal/scope of services dated August 20, 2007 in the amount of       , according to the requirements of the Township of Montclair, as defined in the request for proposal; and

WHEREAS, the anticipated term of this contract is two years and may be extended 1 time as approved by this governing body; 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 Keller and Kirkpatrick to provide survey and design engineering services at a cost of not to exceed $ 39,860.00 , 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 2006 budget, Account Number C-04-06-037-000-600 (Pave/Resurface/Restore Streets), pending certification by the Finance Director; 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 Lang and duly seconded, the following resolution was adopted by the following vote:  “Ayes” Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.  “Nay” Councilor Mattox.

WHEREAS, there exists a continuing need for the Township of Montclair to engage the services of a firm to provide affordable housing services on behalf of the Township; 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 affordable housing 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; 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 Agreement for affordable housing services with Homes of Montclair Ecumenical (“HOMECorp”), for the period from April 1, 2007 through March 31, 2008, pending certification of funds by the Finance Department.

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 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.

* * * 

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