MONTCLAIR, NEW JERSEY

March 18, 2008

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 Conference Meeting at 7:55 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, and Schlager.
Absent: Councilor Tobin

STATEMENT OF SUNSHINE NOTICE

DISCUSSION ITEMS

CURB REPAIR POLICY:

Township Manager Joseph Hartnett has received a number of complaints regarding sections of curbs that are deteriorating; however, the rest of the street curbing may be in good condition.

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Councilor Tobin joined the meeting.

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Mr. Hartnett asked the Council for direction regarding the responsibility for these repairs. The Council discussed implementing a pilot program which would require homeowners to repair seriously deteriorating curbs with a subsidy from the Township. Mayor Remsen asked Mr. Hartnett to identify both the streets involved and the repair criteria.

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FOUR WAY STOPS:

Councilor Lang noted a number of accidents at the corner of Cedar and High Streets. She suggested implementing a four way stop at that location.

The Council requested that Kimberli Craft, Township Engineer, develop guidelines and present recommendations to the Governing Body for the following:

1. Standards/thresholds or criteria to justify four way stops.
2. The number of intersections that meet those standards.

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CORRESPONDENCE:

The Council discussed a letter from the Mayor of Little Falls. Councilor Tobin provided an update on a recent meeting with representatives from Little Falls and Clifton.

The common interests of Little Falls, Clifton and Montclair with regard to an expanding Montclair State University campus were discussed. These include fire suppression services, off-campus housing and traffic problems. The group will put forward a number of proposals to Dr. Susan Cole. Councilor Tobin asked that a resolution be prepared to endorse Montclair’s participation in the newly created “Tri Town Commission.”

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PENDING ORDINANCES

The pending ordinance entitled: “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTCLAIR, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,260,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $2,147,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF,” (08-10) passed first reading February 19, 2008 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 hearing was held on March 11, 2008 and the ordinance was POSTPONED.

On motion made by Mayor Remsen and duly seconded, the ordinance was adopted by unanimous vote.
 
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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 Township has solicited proposals for professional engineering services for quiet zone consulting and preparation of a detailed quiet zone plan to be submitted to the Federal Railroad Administration; and

WHEREAS, the Township received two proposals as per the attached Memorandum of the Township Manager;

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5, permits 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, SRF Consulting Group, 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, that a professional services agreement for quiet zone consulting services is hereby awarded to SRF Consulting Group, Inc. for an estimated fee of $40,268.00 which includes a base price of $28,866.00 and optional services 1.7A thru 1.7E at an estimated cost of $11,402.00 pursuant to and subject to the detailed rate and fee schedule attached hereto; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk be and they are hereby authorized to execute and attest an agreement with SRF Consulting Group, Inc. for quiet zone consulting services in accordance with the attached rate and fee schedule and in a form approved by the Township Attorney, subject to certification of available funds by the Chief Financial Officer.

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

WHEREAS, the Township of Montclair strongly supports the employment of the best purchasing practices to not only ensure compliance with the numerous state statutes governing public procurement but also to obtain the most favorable pricing for required services and products; and

WHEREAS , the Township of Montclair encourages and allows its employees to receive continuing education courses and frequent training to remain relevant of new statutes, changes in regulations and best practice procedures which encourage proper cost effective purchasing; and

WHEREAS, the Legislature has before it bills, S-770 and A-1645, endorsed by the Purchasing Officials and no other statewide local government organization that would significantly impact on the operation of the purchasing function by requiring the reorganization of the purchasing function into a separate office not under the direct supervision of the local unit’s administrator, manager, CFO and other official; and

WHEREAS, the Township of Montclair has not experienced any challenges or crisis in purchasing procedures that warrants imposing this unfunded mandate upon local governments and questions what existing problem (s) it purports to fix; and

WHEREAS, the Township of Montclair takes exception to this unfunded state mandate which represents an intrusion into the management prerogatives of local officials to organize purchasing functions that are most efficient and in the best interests of resident taxpayers; and

WHEREAS, S- 770 and A-1645 will not reduce the cost of the municipal operation nor lead to better purchasing activities; rather these unfunded mandates will, in all probability, lead to higher personnel costs in the future given the mandates contained therein; and

WHEREAS, our State Legislature should not be imposing unfunded mandates that will result in increased property taxes and the curtailment of services to residents during a time when Mayors and governing body members are focused on proposed budget cuts; now therefore

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BE IT RESOLVED, that the governing body of the Township of Montclair, in the County of Essex:

1. Opposes S-770 and its companion bill A-1645 as an unfunded state mandate with no new or additional capabilities to assist towns in improving purchasing activities and in all probability will lead to future cost increases.

2. Opposes S-770 and its companion bill A-1645 which change an existing option
afforded local units into an unfunded mandate.

3. Certified copies of this resolution be forwarded to Governor Jon Corzine, Senator Nia Gill, Assemblywoman Sheila Y. Oliver, Assemblyman Thomas P. Giblin and the N.J. League of Municipalities.

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PUBLIC COMMENT

Dr. Pat Kenschaft, 56 Gordonhurst Avenue, requested that the Township prohibit the use of Belgium blocks on her street because of health and safety reasons and increased costs. Township Attorney Alan Trembulak will prepare a letter requiring a signed waiver by all residents affected before the Council takes action.

Dr. Fred Chichester, 56 Gordonhurst Avenue, stated that, as a former member of the Parking Advisory Committee, he opposes a four-way stop because it may cause more safety issues (especially with young children) then they prevent. He also reported the deplorable conditions of sidewalks within the Township.

Mr. James Harris, State President, NAACP, expressed the following concerns:

1. Need for a community recreation center

2. Lack of African American employees working on curb cut projects.

3. Utilization of a diverse work force on all Township projects (especially “no bid” contracts).

He commended the Council for passing the new Township Affirmative Action Plan.

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At 9:10 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.

 At 9:54 P.M., on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

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At 9:55 P.M., the Regular Meeting resumed.
Absent: None

On motion made by Mayor Remsen 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 proposed settlement of the class action lawsuit entitled, In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation, which will result in the Township receiving approximately $370,838.92 and other benefits, is hereby approved; and

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BE IT FURTHER RESOLVED that Mayor Edward A. Remsen be and he is hereby authorized to execute the Settlement Agreement and the Release and Indemnity Agreement, in the form presented and approved by the Township Attorney, and any other documentation necessary to consummate the approved settlement of said litigation on behalf of the Township of Montclair.

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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. “Abstain” Councilor Mattox.

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Attorney is hereby authorized to file, on behalf of the Township, an Attorney Ethics Grievance with the District VC Attorney Ethics committee relating to certain actions of the former Acting Township Attorney; and

BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized to execute the Attorney Ethics Grievance Form as presented to, and reviewed by, the Council in Executive Session at its meeting on March 18, 2008.

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At 10:30 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

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EDWARD REMSENMAYOR

ATTEST:
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LINDA S. WANATMUNICIPAL CLERK