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MONTCLAIR, NEW JERSEY
April 29, 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 7:16 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.
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RECEIVE: President of the SRF Consulting Group: Quiet Zone Plan
Mr. Donald Zief thanked the Council for providing consultants to assist the Transportation Committee with this project. He announced that a diagnostic meeting will be held on May 14, 2008. A final meeting will be held on June 24, 2008.
Mr. Rick Lane and Mr. Mielke presented the following:
“Project Goal
• To obtain an FRA-approved quiet zone that is safe for the motoring public and pedestrians and also promotes efficient traffic operations for all users.
Project Background
• SRF hired to complete Quiet Zone
• Detailed Plan in March, 2008
• Determine the options available at each crossing for implementation of a Quiet Zone
• Complete Detailed Plan in compliance with FRA Quiet Zone Rule
Project Schedule
• Background data collection (April)
• Initial site visit (late April)
• Diagnostic meeting (May 14)
• Draft Plan (late May)
• Final Plan (mid-June)
• Detailed Plan Deadline (June 24)
Crossings Overview
Twelve crossings examined: Normal Ave., Mount Hebron Rd., Laurel Place, Jerome Place, Lorraine Ave., Bellevue Ave. N. Fullerton Ave., Walnut Street, Grove Street, Claremont Ave., Pine Street, Glenridge Ave.
Montclair Quiet Zone
• Original quiet zone established late 1970’s
• FRA produced Final Quiet Zone Rule in June, 2005
• Recognized Pre-Rule Quiet Zones
• Three-year timeframe to develop a plan to meet new regulations (2008 deadline)
• Five-year timeframe to get improvements constructed and implemented (2010 deadline)
Crossings Overview
• Based on NJ Transit, 74 trains per day
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• Maximum train speeds 60 mph
• Grove St. – 13,200 vehicles per day (highest Average Daily Traffic)
• All crossings currently meet minimum requirements to implement Quiet Zone
Quiet Zone Background
• Quiet Zone Final Rule in effect on June 24, 2005
• Rule requires train to blow horn for all highway-rail grade crossings (sound horn 4 times per crossing)
• Increase highway-rail safety
• Noise levels also increased, hence options for development of Quiet Zones
Pre-Rule Quiet Zones
• Partial Pre-Rule QZ must follow similar establishment process for either continuance or 24-hour QZ
• Submit to FRA for review and approval
• Work with NJ DOT, NJ Transit, and Norfolk Southern
• Develop consensus for crossing improvements (diagnostic meeting – May 14)
Quiet Zone Definition
• 24-Hour Quiet Zone: Locomotive horn sounded only in emergency
• Partial Quiet Zone: Locomotive horn not sounded between 7 p.m. and 7 a.m. except for in emergency
• Ideal to choose timeframe prior to filing paperwork
Quiet Zone Risk Levels
• Quiet Zone Risk Index (QZRI)
• Montclair Current QZRI = 64,034
• Risk level with 12-hour QZ
• Must be reduced below RIWH (38,390)
• Risk Index With Horns (RIWH)
• Risk level in the quiet zone if horns were sounded at every public crossing
• RIWH based on several factors - primarily train volume/speed and roadway volume/speed
Supplemental Safety Measures (SSMs)
• Closure (temporary or permanent)
• Four-quadrant vehicle gates
• Non-traversable medians/channelization devices
• One-way street
• Wayside horns
Four-Quadrant Vehicle Gates
• Cost = Approx. $250K
• Potential maintenance cost
• RR installation
• RR schedule, terms, conditions
Medians
• Cost varies depending on existing conditions
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• Minimal maintenance cost
• City control (installation, scheduling, staff, costs)”
Committee members Donald Zief, Joe Borak and Deputy Chief Donald Gonzalez commented on the plan.
Mayor Remsen pointed out that disruption would increase with the institution of weekend service.
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At 8:10 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 8:12 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
MAYOR’S REPORT
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Introduction of Tucker Sargent, Eagle Scout candidate, who refurbished two benches and added two daffodil gardens at Watchung Park. He also designed and installed a plaque commemorating 100 years of scouting within the Township of Montclair. A dedication will be held on May 10, 2008 at the park site.
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On a motion made by Mayor Remsen and duly seconded, the minutes of January 22, February 11 and February 19, 2008 were approved by unanimous vote.
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PENDING ORDINANCES
The pending ordinance entitled: “ORDINANCE ACCEPTING THE DEDICATION OF CHRISTOPHER COURT AS A PUBLIC STREET IN MONTCLAIR” (08-13) passed first reading March 25, 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.
Mayor Remsen asked whether anyone present wished to address the Councilors regarding the proposed ordinance.
There being no one wishing to be heard, Mayor Remsen closed the hearing.
On motion made by Mayor Remsen and duly seconded, the ordinance was TABLED INDEFINITELY by unanimous vote.
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NEW BUSINESS
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 May 27, 2008.
“ORDINANCE AMENDING AND SUPPLEMENTING SECTION 327-5 OF THE TOWNSHIP CODE (THE “VEHICLES AND TRAFFIC ORDINANCE”) TO DESIGNATE GARDEN STREET AS A ONE-WAY STREET” (08-15)
The motion was adopted by unanimous vote.
The Council advised the Acting Township Manager to “notice” the affected residents.
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On motion made by Mayor Remsen and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, on March 19, 2008, the Township of Montclair opened and read a bid for the Purchase and Delivery of Water Meters, Water Meter Registers, Unitized Measuring Elements, Radio Frequency Meter Interface Units and Accessories, as prescribed by law; and
WHEREAS, all the quantities listed on the Bid Proposal are estimated and these quantities may be increased or reduced as needed by the Department of Utilities - Water Bureau; and
WHEREAS, RIO SUPPLY, INC. - d/b/a S. L. C. METER EAST, INC. submitted the only responsible bid (various prices for the various items); now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the contract for the Purchase and Delivery of the above-stated items be and is hereby awarded to RIO SUPPLY, INC. - d/b/a S. L. C. METER EAST, INC. The monies for these purchases will be appropriated in the Water Bureau Capital Budget. Complete details of the contract are attached hereto and made a part hereof.
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On motion made by Councilor Mattox and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, on April 2, 2008 the Township of Montclair opened and read bids for the Purchase and Delivery of One New Case 580 Super M Series III Loader Backhoe, or approved equal; and
WHEREAS, the lowest bidder (Jesco, Inc.) did not comply with the specifications per the attached bid analysis reasons; and
WHEREAS, TRICO EQUIPMENT SERVICES, LLC submitted the lowest responsible bid according to the specifications, at a total price (base bid, trade-in allowance and Options 1, 2, 3 and 5) of $56,257.00; and
WHEREAS, the monies for this purchase have been appropriated in the following Capital Budget account:
Ordinance 07-50 (b)C-07-07-050-000-200$56, 257.00
“Replace Vehicular Equipment”
now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that Trico Equipment Services, LLC be and they are hereby awarded the above‑stated contract, pending certification of funds by the Finance Director. Complete details of the contract are attached hereto and made a part hereof.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, on April 23, 2008, the Township of Montclair opened and read bids for the Furnishing of Road Materials, as prescribed by law; and
WHEREAS, WELDON MATERIALS/WELDON QUARRY AND TILCON NEW YORK, INC. submitted the lowest responsible bids (various prices for the various items). Two bidders are being awarded this contract because at certain times, by reason of delay, weather, availability of materials, or opening hours of the quarry, one bidder may not be able to provide the materials required by the Township of Montclair when needed; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the contract for the Furnishing of Road Materials be and is hereby awarded to WELDON
MATERIALS/WELDON QUARRY and TILCON NEW YORK, INC.. The monies for these purchases will be appropriated in the Capital and/or Operating Budget. Complete details of the contract are attached hereto and made a part hereof.
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On a motion made by Councilor Freier and duly seconded, the following resolution was adopted by the following vote: “Ayes” Deputy Mayor Michaelson and Councilors Freier, Lang, Mattox, Schlager and Tobin. “Abstain” Mayor Remsen
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BE IT RESOLVED by the Council for 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 a License Agreement with Family Service League, Inc. in the form attached hereto and made part hereof.
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On a motion made by Councilor Schlager and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, on April 2, 2008, the Township of Montclair opened and read bids for the purchase of one (1) New 2008 Truck Chassis with Rear Loading Garbage Packer or Approved Equal; and
WHEREAS, Beyer Bros. Corp. submitted the lowest responsible bid in the amount of 172,903.00; and
WHEREAS, the funds required to purchase the aforesaid vehicle are appropriated in Ordinance 06-037, Account Number C-04-06-037-000-200 in the amount of $142,443.83 and in Ordinance 05-040, Account Number C-04-05-040-000-301 in the amount of $30,459.17; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the contract for the Purchase and Delivery of One (1) New 2008 Truck Chassis with Rear Loading Garbage Packer be and hereby is awarded to Beyer Bros. Corp., pending certification of funds by the Chief Financial Officer. Complete details of the contract are attached hereto and made part hereof.
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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 BETTY HOLLOWAY be and hereby is appointed to serve as a MEMBER of the Board of Adjustment for a term effective immediately and terminating December 31, 2009.
BE IT ALSO RESOLVED by the Council of the Township of Montclair, in the County of Essex that STEVEN RUBENSTEIN be and hereby is APPOINTED to serve as FIRST ALTERNATE of the Board of Adjustment for a term effective immediately and terminating December 31, 2008.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, an application has been filed for a place to place transfer (expansion of premises) of Plenary Retail Consumption License #0713-33-023-007 heretofore issued to Grafton Inns, LLC., t/a Egan & Sons, 114-116, 118 Walnut Street, Montclair, for purposes of expanding the premises under the said license wherein the sale and service of alcoholic beverages are authorized, and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the currently licensed term; notice of intention to apply for such transfer (expansion of premises) has been duly published, and no objections have been raised,
NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, does hereby approve, effective immediately, the expanded premises of the aforesaid Plenary Retail Consumption licensed premises located at 114-116, 118 Walnut Street, Montclair, to place under license the area delineated in the application form and the sketch of the licensed premises.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, an application has been filed for a place to place transfer (expansion of premises) of Plenary Retail Consumption License #0713-33-023-006 heretofore issued to Spiritual Consultants, Ltd., t/a Diva Lounge, 369 & 375-377 Bloomfield Avenue, Montclair, for purposes of expanding the premises under the said license wherein the sale and service of alcoholic beverages are authorized, and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the currently licensed term; notice of intention to apply for such transfer (expansion of premises) has been duly published, and no objections have been raised,
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NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, does hereby approve, effective immediately, the expanded premises of the aforesaid Plenary Retail Consumption licensed premises located at 369 & 375-377 Bloomfield Avenue, Montclair, to place under license the area delineated in the application form and the sketch of the licensed premises.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
The governing body of Township of Montclair desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $3,000 to fund the following project:
Community Forestry Management Plan
2008 Green Communities Phase II Grant
Therefore, the governing body resolves that Joseph Hartnett or the successor to the office of Township Manager is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less then $3,000.00 and not more than $3,000.00, and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.
The Township Council authorizes and hereby agrees to match 33.3% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. 66.6% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement).
The Grantee agrees to comply with all applicable Federal, State, and municipal laws, rules, and regulations in its performance pursuant to the agreement.
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On a motion made by Councilor Tobin and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, Mary Anne Ford, who is retiring as Principal of Lacordaire Academy, Elementary Division, is being honored at a dinner on Friday, May 16, 2008; and ,
WHEREAS, Mrs. Ford, as a teacher and administrator, devoted thirty-one years to caring for young people and instilling a love of learning and the personal values of integrity, responsibility, respect, and cooperation in her charges. As Principal she initiated numerous educational innovations, enrichment programs, curriculum enhancements, and facility improvements to create a challenging and fun place for children to learn; and
WHEREAS, Over the past thirty-one years Mrs. Ford has worked with faculty and parents to help hundreds of children develop the skills they need to become confident, capable, and just leaders in the Dominican tradition. To honor her lifetime commitment to educating children at Lacordaire the Mary Anne Ford Fund for Excellence in the Advancement of Scholarship has been established; now therefore
BE IT RESOLVED that the Council of the Township of Montclair, in the County of Essex, recognizes the many contributions MARY ANNE FORD has made to our community and join with her family, friends, colleagues and students in recognizing her for her many years of service to Lacordaire Academy and the Township of Montclair.
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On motion made by Deputy Mayor Michaelson and duly seconded, the following resolution was adopted by unanimous vote:
WHEREAS, the Troop 13 Eagle Scouts have made a request to the Township to permit the installation of a public memorial at Watchung Park as part of a renovation project performed by the Troop in tribute to 100 years of scouting in the Montclair community; and
WHEREAS, this request was presented to, and conceptually approved by, the Township Council prior to the Township’s establishment of an Advisory Committee on Public Memorials; and
WHEREAS, the Department of Community Services has approved the installation of the memorial which will be installed flush with the ground and covered with Plexiglas or similar material in a location approved by the Department of Community Services; now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the
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installation of the aforementioned memorial at Watchung Park, as depicted on the attached photograph, be and is hereby approved; and
BE IT FURTHER RESOLVED that the Township Council extends its sincere gratitude and appreciation to the Troop 13 Eagle Scouts and their Project Leader Tucker Sargent for the refurbishment of benches and other renovations to Watchung Park which will benefit the community for many years to come.
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On a motion made by Councilor Lang 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: $1,963,617.17
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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 Remsen and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.
FILED:Oaths of Office:
William Roth, Probationary Fire Fighter
Justin Thompson, Probationary Fire Fighter
Stephen Carney, Fire Fighter
One Supplemental Debt Statement received approved from the Division of Local Government Services from April 18, 2008.
One fully executed agreement for health services between the Township of Montclair and the Township of Nutley for January 1, 2008 to December 31, 2010.
One letter written on behalf of the Friends of Barnet thanking the Council for their warm reception.
One letter from the President of Montclair State University thanking Chief of Police David Sabagh and the members of the Montclair Police Department for their help on campus on April 7, 2008.
One Order to Show Cause from the Office of the Attorney General, Department of Law and Public Safety, Division of Law re: State of New Jersey v. Glenmont RR Crossing, et al.
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Councilor Lang reported on the recent ground breaking for the Martin Luther King Memorial at Nishuane Park.
Councilor Freier thanked all the Township Parks and Recreation employees for their efforts during recent Township wide events.
Councilor Mattox reported that Union Baptist Church will hold a seminar for first time homeowners on May 10, 2008.
Mayor Remsen announced the Council meeting schedule until the end of June. He also reported on the annual celebration of “May in Montclair” on May 1, 2008.
Mayor Remsen thanked Municipal Clerk Linda S. Wanat and her staff for compiling a new Boards, Committees, and Commissions Handbook and noted he advanced the recommendation of the Environmental Commission’s new plan to manage all Township trees.
Deputy Mayor Michaelson recently attended the ribbon cutting for Montclair’s new wind turbine.
Councilor Schlager wished the Fire Department well with the acquisition of a new fire truck. It was her hope that it “did not have to leave the fire house too often.” She noted the sidewalk chalk art exhibit on Thursday May, 2008 at Montclair High School.
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Councilor Tobin referenced the “Tour de Montclair” bike event and a “Just Do It,” clean up initiative in Upper Montclair.
PUBLIC COMMENT
Cary Africk, 2 Erwin Park, asked for Council support to post resolutions on the Township’s website.
Audrey Hawley, 17 Granada Place, raised a concern regarding a new practice instituted by the Police Department re: permission for overnight on-the-street parking for residents
Michael Yellin, 138 Buckingham Ave, member of Blue Wave, provided information regarding possible telecast of a recent environmental candidate forum held by this organization.
Kabir Baber, 77 Orange Road, emphasized that voters in Montclair can vote for four positions in the upcoming municipal election. He also questioned the accuracy of information in Partnership Montclair’s campaign literature.
Starr Daniels, 17 Pleasant Way, urged the Council to air the recent Enviromental Forum in its entirety.
Mr. Rey Redington, 202 North Mountain Ave, also raised concern regarding the posting of the forum and, in particular, the Manager’s role in the decision making process. He asked the Council to revoke a recent resolution (March 11) determining policies and procedures for Montclair’s Cable Access station.
Councilor Mattox moved to rescind the March 11 resolution. No second was received thus the motion did not go forward, however, the Council agreed to review the policy in the future.
Richard Insley, 197 Christopher Street, reiterated the concerns expressed by Mr. Redington. He disagreed with the Township Manager’s decision not to broadcast the candidate environmental forum without the consent of the participants. He believed that the decision was “destructive to democratic values.”
Mark Reynolds, 155 Christopher Street, also questioned the procedure utilized by the Township Manager in airing political forums.
Jarvis Hawley, 17 Granada Place, stated that he and his wife were two of the three original videographers for Channel 34. He indicated that there was never a problem with the “policy” already in existence. Mr. Hawley also reported that the sound continues to be a problem in the transmission of programs.
Sharon Egan, owner of Egans, thanked the Council for the ongoing support of her business endeavors.
David Herron, 3 Hawthorne Place, suggested the Council be pro-active in avoiding problems. He also disputed the new police procedures regarding overnight on the street parking.
There being no one else present wishing to be heard, Mayor Remsen closed the hearing.
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At 9:47 P.M., on motion made by Mayor Remsen and duly seconded, the Regular Meeting was adjourned by unanimous vote.
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ED REMSEN MAYOR
ATTEST:
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LINDA S. WANATMUNICIPAL CLERK
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