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MONTCLAIR, NEW JERSEY

March 25, 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 pre-meeting conference at 7:14 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.
Absent: Councilor Mattox

STATEMENT OF SUNSHINE NOTICE

Review of agenda for the Regular Meeting.

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NEIGHBORHOOD CHILDCARE CENTER

Guests: Barbara Beek, Executive Director, Larry Glover, Representative of United Way

Ms. Beek provided background on this institution which was established in 1972 as a federally funded non profit organization. The current population is 90 students (75 from Montclair) with a waiting list of 65 students (38 from Montclair). Ms. Beek emphasized the benefits of affordable childcare in Montclair which enables parents to work or continue their education. An expanded program in a larger facility would allow slots for children under the current population age of 18 months.

Mr. Glover stated that he represented a group of community stakeholders interested in providing quality childcare services to the municipality. He noted the demise of Day Nurseries and the need to place 27 of their students with another childcare entity. Serving as a project manager he referenced a “successor program” to assist the stakeholders committee to a quality, affordable, early childhood program. Mr. Glover called on the Council to provide and support a “state of the art” facility to house such a program. He indicated that other community groups have also offered support.
 
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FOUR WAY STOPS:

Guests: Kimberli Craft, Township Engineer, David Sabagh, Police Chief, John Beyer, Lieutenant, Montclair Police Department.

Ms. Craft presented the following information regarding “Multiway Stop Intersections”

“Background

The decision where and when to use stop control at an intersection is one that is regulated nationally by the Manual of Uniform Traffic Control Devices or MUTCD, which defines the standards for use of all traffic control devices. There is specific guidance regarding the use of “Multiway Stop Applications” in the 2003 MUTCD. Until recently, extensive NJDOT review and approval was required for all proposed stop sign installations, including multiway stop conditions.

Under the recently revised statute [N.J.S.A. 39:4-8b(1)], a municipality may without approval of the Commissioner of Transportation “designate any intersection as a stop or yield intersection and erect appropriate signs” on any street fully under municipal jurisdiction. It also allows for designation of a stop intersection within 500 feet of a school, playground or youth recreation facility. It further requires the stop street be contiguous to the facility.

However, this enabling legislation does not supersede the provisions of the MUTCD. In other words, the requirements of the MUTCD still apply. What the legislation does is provide for a more streamlined review by NJDOT and it recognizes that engineering judgment can and should be exercised in assessing conditions unique to particular locations; specifically those near schools and other facilities where children are more likely to be present as pedestrians.

Requirements

According to the new statute, there are specific steps required for implementation of multiway stops as follows:

1. Conduct an engineering study, which must include traffic counts and crash data. Speed data is optional. Other criteria to be considered are the need for additional control for left turns or vehicle-pedestrian conflicts.

2. If the multiway stop is recommended, the Municipal Engineer shall, under their seal as a licensed professional engineer, certify to the Township Council that the multiway stop has been approved.

3. The traffic ordinance establishing the stop condition is then submitted (along with the letter report and certification) to the Township Council for approval.

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4. Once the ordinance is approved by Township Council, the Township Clerk must within 30 days forward the following documents to NJDOT by certified mail, return receipt:

A. Two certified copies of the ordinance
B. The Municipal Engineer’s signed and sealed certification.
C. The Municipal Engineer’s letter report summarizing the investigation
D. Traffic counts
E. Accident data
F. Speed monitoring data, if applicable
G. Plan showing proposed signage and markings in conformance with MUTCF 2B.04

5. NJDOT has 90 days to review. Once approved by NJDOT, the Township can install signs and markings (including temporary advance warning signs). If no action is taken by NJDOT within 90 days, the ordinance is considered approved.

Recommendations

It is my recommendation that multiway stop applications be considered for only those intersections within the area of special consideration that has been established by the Legislature; i.e. within 500 ft. of a school, playground or youth recreational facility. Accordingly, enclosed is the proposed procedure for use when multiway stop intersections are requested.

SUMMARY OF MUTCD GUIDANCE FOR MULTIWAY STOP APPLICATIONS

Section 2B.07 provides guidance for making the decision when to apply multiway stop control, the main requirement for which is an engineering study that considers the following criteria:

Multiway stop control may be warranted under the following conditions:

A. Where there is a crash problem (as indicated by 5 or more reported crashes over 12-months) susceptible to correction by a multiway stop.

B Minimum volumes of traffic as follows:

1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and

2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour, but

3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above values.

C. Where no single criterion is satisfied, but where Criteria A, B.1, and B.2 are all satisfied to 80 percent of the minimum values.

The MUTCD also allows for professional judgment to be exercised by considering other criteria as part of the engineering study. These include:

A. The need to control left-turn conflicts;

B. The need to control vehicle/pedestrian conflicts near high pedestrian traffic locations;

C. Site distance at the corner is impaired and cannot be reasonably corrected through other means

D. Intersections of two residential neighborhood collector (through) streets of similar design and operating characteristics where multiway stop control might improve traffic operational characteristics.

Purpose:
This procedure has been developed to formalize the steps to be taken in determining when multiway stops may be implemented on municipal streets.

Definitions:

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“School” - a public or private school, serving children grades Kindergarten through 12.

“Playground” – an outdoor recreation area for children that is open to the public, typically associated with a school or within a public park.

“Youth recreation facility” - a place regularly used by children ages 5 through 17 for recreational purposes. It does not have to be for the exclusive use of this age group, e.g. public parks, YMCA, Clary Anderson arena, public library, etc.

Steps:

I. Is the intersection within the area of special consideration (500 ft. radius) surrounding a school, playground or youth recreation facility?

A. If it is, then go to step II.

B. If it is not, no further consideration shall be given.

II. Is the street to which stop control is to be applied contiguous to the school, playground or youth recreation facility?

A. If it is, then go to step III.

B. If it is not, no further consideration shall be given

III. Collect and summarize crash data and traffic counts. The location must meet at least one of the following conditions.

A. Average approaching volume (both directions) on the major street exceeds 240 vehicles per hour for any eight hours of an average day

B. The combined vehicular, pedestrian, and bicycle approaching volume (both directions) on the minor street averages at least 160 units per hour for the same 8 hours

C. 4 or more crashes susceptible to correction by a multiway stop have occurred over a 12 month period.

IV. The Township Engineer shall prepare a letter report summarizing the findings of their investigation and indicating whether the multiway stop is approved or not.

V. If the location is approved, the Township Engineer shall certify same to the Township Council and draft the ordinance establishing the new stop condition.

VI. If the location is approved, the Township Engineer shall certify same to the Township Council and draft the ordinance establishing the new stop condition.”

David Sabagh reported communities who have installed Multiway Stop Intersections have experienced mixed success with them. The Council discussed the use of this type of “stop” versus the installation of a traffic signal.

Ms. Craft noted that four-way stops are not meant to “slow” traffic and do not perform that function.

Mr. Brian Saltzman, 72 High Street, provided information on a number of accidents which had occurred at the intersection of Cedar Ave and High Street and recommended the use of “Multiway Stop Intersections” to address this problem.

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At 7:55 P.M. on motion made by Mayor Remsen and duly seconded, the pre-meeting conference was adjourned by unanimous vote.

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The Council of the Township of Montclair, in the County of Essex, met in the Council Chambers in the Municipal Building, 205 Claremont Ave, for a Regular Meeting at 8:05 P.M.
Present: Mayor Remsen, Deputy Mayor Michaelson and Councilors Freier, Lang, Schlager and Tobin.
Absent: Councilor Mattox

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

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

WHEREAS, Established in 1881, the American Red Cross provides healing, comfort, and hope to those in need. During American Red Cross Month, we honor this charitable organization which depends on the support of the American people to help sustain its foundation; and

WHEREAS, the American Red Cross meets the needs of the public by fostering volunteers who are professional, prepared, and committed to the tradition of leading humanitarian efforts at home and around the world. In addition to providing aid to those affected by natural disasters and humanitarian emergencies, the Red Cross also supports our men and women in uniform and their families; and

WHEREAS Volunteers are the core of the Red Cross, donating their time and energy to selflessly serve those in need, and demonstrating the compassion and generosity for which Americans are known. With over 700 chapters across the country the Red Cross coordinates blood drives, responds to fires, helps serve the needs of senior citizens, and certifies individuals in CPR, First Aid, Lifesaving, and Babysitting; and

WHEREAS, during the month of March we commend the Montclair-Glen Ridge-Nutley Red Cross for its contribution to making Montclair a better place; now therefore

BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, does hereby proclaim March 2008 as American Red Cross Month and urge all Americans to continue to give your time, blood, and money to make a difference in the humanitarian fabric of this community knowing that we help each other when we help the Red Cross.

Melanie Hazen, representing the American Red Cross, thanked the Council for this recognition and urged all to participate in upcoming blood drives.

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

WHEREAS, PineRidge of Montclair, a four-story affordable senior community located on the corner of Glenridge Avenue and Pine Street, is commemorating its fifth anniversary with a celebratory dinner on April 9, 2008 at the Conference Center at Montclair State University; and

WHEREAS, PineRidge, which has 47 apartments, was constructed in 2003 on Township property in a designated redevelopment area which was deemed appropriate for senior housing and would help fill a critical need for housing for seniors of limited means; and

WHEREAS, PineRidge is sponsored by the Department of Housing and Urban Development, St. Mark’s United Methodist Church, First United Methodist Church of Montclair and The United Methodist Homes of New Jersey. Conveniently located close to the New Jersey Transit rail station, Montclair center, local churches, healthcare services, shops, parks, and more, the facility provides the residents with access to many services and exemplifies “excellence in senior living”; now therefore

BE IT RESOLVED that the Mayor and Council of the Township of Montclair, in the County of Essex, congratulate PineRidge of Montclair on the occasion of their 5th Anniversary, commend the significant contributions they have made to Montclair’s senior community life, and extend best wishes in the years that lie ahead.

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NEW BUSINESS

Mayor Remsen introduced the following ordinance and made a motion which was duly seconded, that it pass first reading and be further considered for final passage at a regular meeting of the Township Council to be held on April 29, 2008.

“ORDINANCE ACCEPTING THE DEDICATION OF CHRISTOPHER COURT AS A PUBLIC STREET OF THE TOWNSHIP OF MONTCLAIR.” (08-13)

The motion was adopted by unanimous vote.

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

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WHEREAS, the Municipal Chief Financial Officer has recommended certain transfer of funds from 2007 appropriation reserves to cover anticipated expenditures in accordance with the provisions of N.J.S.A. 40A:4-59; and

WHEREAS, N.J.S.A. 40A:4-59 provides for transfers from appropriation reserves with an excess over and above the amount deemed to be necessary to fulfill such purpose, to any appropriation reserve for the immediately preceding fiscal year deemed to be insufficient; and

WHEREAS, the Governing Body has determined that there is an excess in appropriations over and above the amount necessary to fulfill certain appropriations; and

WHEREAS, various bills have been presented for payment which were not recorded at the time of transfers between 2007 Budget Appropriations in the last two months of 2007;
 
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Montclair (not less then two-thirds of the full membership voting affirmative), that transfers be made between 2007 appropriation reserves as set forth opposite its designation on the attached schedule:

 BE IT FURTHER RESOLVED, that the Chief Financial Officer be and he is hereby authorized and directed to make the transfers on the Schedule A attached.

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

WHEREAS, the Montclair Planning Board has reexamined its Master Plan pursuant to the NJ Municipal Land Use Law (MLUL) and has identified certain environmental goals and objectives to achieve over the next several years; and

WHEREAS, the MLUL allows municipalities to prepare several elements of a Master Plan, including Recycling Plan Element; and

WHEREAS, the Township has never had a comprehensive Recycling Plan as part of its Master Plan, and the NJ Department of Environmental Protection’s new Statewide Solid Waste Management Plan of 2006 requires enhanced recycling in the State, and a recently created Essex County Recycling Plan requires new Recycling Plans from each municipality; and

WHEREAS, increased recycling participation reduces the Township’s costs for solid waste disposal while reducing energy use and emissions that cause global warming; and

WHEREAS, with a high level of residential and commercial construction requiring recycling capability in their design plans, the Township would like to incorporate recycling principles into its Master Plan and ultimately into its local ordinances; and

WHEREAS, the Association of New Jersey Environmental Commission (ANJEC) offers planning assistance grants to fund the preparation of such plans; and

WHEREAS, the Township Council of the Township of Montclair will match the grant funds as required by the grantee up to a maximum amount of $3,000; now therefore

BE IT RESOLVED by the Township Council of the Township of Montclair, County of Essex, that it hereby supports the application for a 2008 Smart Growth Planning Assistance Grant.

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

WHEREAS, there exist a need to have grass clipping from Township of Montclair transported and composted at a New Jersey Department of Environmental Protection permitted facility and;

WHEREAS, the Township of Montclair will be able to obtain grant rebates with the tickets provided to them for the grass clippings composted under the New Jersey Recycling Tonnage Grant and;

WHEREAS, Reliable Wood Products will provide these services for a one year period for the following price:
89.90 Per ton for 2008
and;

WHEREAS, the Township of Montclair may extend this contract for an additional (4) four years at the below-listed prices by renewal on an annual basis by resolution:

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92.60 Per ton for 2009
96.30 Per ton for 2010
100.15 Per ton for 2011
104.15 Per ton for 2012;
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 Reliable Wood Products for the curbside collection and disposal of Municipal non-composted grass clippings.

BE IT FURTHER RESOLVED, that the funds for this acquisition have been appropriated in the 2008 Operating Budget Account Number T-0-56-840-000-841.

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Ed Remsen, Mayor and Linda Wanat, Township Clerk be and they are hereby authorized to execute and attest an agreement with the New Jersey Department of Transportation for improvements to the bridge that carries Bloomfield Avenue (also known as Essex County Route 506) over the New Jersey Transit Railroad and Toney’s Brook. A copy of the agreement is attached hereto and made a part hereof.

BE IT FURTHER RESOLVED that four original copies of the signed Agreement, which shall have been signed, attested to and embossed with the official seal affixed, shall be submitted to the New Jersey Department of Transportation by the Township Clerk.

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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 supports the encouragement of bicycle use as a means of travel on all streets within the Township; and

WHEREAS, the Montclair Center Business Improvement District has proposed the installation of hitch post and helix styles bicycle parking apparatus along Bloomfield Avenue and throughout the downtown; and

WHEREAS, the locations proposed for bicycle parking apparatus as listed on Schedule A (attached hereto) include locations under the jurisdiction of Essex County, which have been determined by the Township Engineer to meet minimum standards for installation such that pedestrian traffic will not be obstructed; and

WHEREAS, as a condition to the placement of bicycle parking apparatus on County roads, the County of Essex requires that municipalities accept responsibility for installation, maintenance and/or replacement of such apparatus within County right-of-way; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township accepts responsibility for the installation, maintenance, replacement and all other costs related to all bicycle parking apparatus installed, or to be installed, within County right-of-way within the Township and the Township agrees to hold the County of Essex harmless from any claims related to the placement of such apparatus within County right-of-way.

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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 conducted a revaluation of all real estate in the Township during the year 2007; and

WHEREAS, due to a clerical error during the revaluation process, the property commonly known as 40 Mt. Hebron Road (Block 2804 Lot 16 on the Township Tax Maps) was incorrectly assessed; and

WHEREAS, pursuant to N.J.S.A 54:51A-7, a municipality may file a Correction of Errors Coplaint seeking to adjust the assessed value of property/to correct typographical errors, errors in transposing, and mistakes in tax assessments; now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Special Tax Counsel shall file a Correction of Errors Complaint relating to the property commonly known as 40 Mt. Hebron Road (Block 2804 Lot 16).

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

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that said bills be and they are hereby ordered paid and that warrants be drawn on the Treasurer to the order of such persons for the amount respectively as hereafter stated to wit: $546,257.08

REPORTS AND COMMUNICATIONS

Councilor Lang attended a community outreach meeting at Mountainside Hospital. She urged the public to take advantage of their programs and services. She also attended the recent Montclair High School Civic and Government’s annual dinner.

Councilor Lang announced that the Township is celebrating the tenth anniversary of “Conversations on Race” and congratulated all involved in this initiative.

Township Manager Joseph Hartnett stated that he continues to work on the Township’s preliminary budget while awaiting financial aid input from the State of New Jersey. Mr. Hartnett clarified the community curb program and the responsibilities of the Township and the homeowners.

Township Clerk Linda S. Wanat thanked the staff of the Montclair Clerk’s office for their extraordinary commitment and dedication throughout the Municipal Election process.

Councilor Schlager recently met with Mayor Remsen and Township Manager Hartnett to discuss the proposed full access playground at Edgemont Park. She noted that “Parents Who Rock” have already raised monies for this endeavor. The next fundraiser will be held on April 5, 7-11pm, at the Unitarian Church.

Deputy Mayor Michaelson stated that she was pleased with the development plans for the Wellmont Theatre. She also noted that there has been a great deal of interest in the Township’s demolition ordinance.

Mayor Remsen attended a recent meeting of the Board of Education and the Board of School Estimate. He announced that the Board of Education budget now reflects a significant reduction.

Township Attorney Alan Trembulak reported a recent victory in Superior Court regarding the Township’s appeal of an Essex County Construction Board’s ruling regarding 24 Upper Mountain Avenue. He explained that the significance of the ruling is that this landmarked property is subject to Montclair’s Historic Preservation Commission’s ordinance and, accordingly, the structure cannot be demolished unless and until the owner complies with HPC’s procedures.

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PUBLIC COMMENT

Mayor Remsen stated that the meeting was now open to the public and asked if there was anyone present who wished to address the Council regarding any matters of interest or importance:

The Honorable Robert Russo, former Mayor of Montclair, asked the Council to unite to “get state mandates off the backs of the county and the municipality.” He specifically asked the Council to pass a resolution for the State to absorb the cost of prosecutorial services now covered by counties.

William Scott, 23 Cedar Ave, noted a devastating fire at 320 Orange Rd. He also reported that an abandoned building located on Rosedale Avenue has been repeatedly broken into and is not properly boarded up.

Ron Locasio, 21 Sylvan Place, Vice President of Paws, asked if the recently hired Assistant Animal Control Officer’s salary and benefits were being paid by contributions from Nutley and Glen Ridge. He also asked for additional information regarding transportation costs to the Wayne Shelter and for its services.

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

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At 9:04 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,

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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 9:35 P.M. on motion made by Mayor Remsen and duly seconded, the Executive Session was adjourned by unanimous vote.

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At 9:36 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.

___________________________________________
ED REMSEN MAYOR

ATTEST:
________________________________________
LINDA S. WANATMUNICIPAL CLERK