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MONTCLAIR, NEW JERSEY
July 8, 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 7:07 P.M.

Present: Mayor Fried, Deputy Mayor Terry, Councilors Africk, Baskerville, Lewis and Weller.
Absent: Councilor Murnick

STATEMENT OF SUNSHINE NOTICE

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CELL TOWERS:

Township Manager Joseph Hartnett suggested that after the Law Department finishes researching the relevant legal issues, then the Council may consider hiring the firm of JNS Consulting to construct and manage a cell tower or towers for the Township. If the Council decides to move forward, an REP will be issued (possibly by end of summer) ownership would remain with the Township. Mr. Hartnett noted that either a “lease” or “own” scenario would produce income for the Township.

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TRAIN STATION LEASES

Mr. Hartnett announced that the Master Lease for with New Jersey Transit for railroad stations with the Township has expired. Currently the stations are operating on a month by month basis. He indicated that there is some interest in sub-leases for each of these venues.

Mr. Hartnett also provided an update on the status of the renovation of the Bellevue Avenue Railroad Station. Both Montclair and N.J. Transit are in the process of reviewing the terms of a new agreement.

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ASBESTOS INVESTIGATION: Renaissance School

Mr. Hartnett asked the Council for guidance regarding this issue. He noted that asbestos abatement issues are under the control of the NJ State Department of Community Affairs.

Helen Richmond, representing Concerned Parents of Renaissance School, expressed this group’s frustration regarding the “break down” of communication between Concerned Parents of Renaissance School and the Board of Education. She is seeking “effective, actual communication with all those concerned.” She especially asked if it is legal (under OSHA) to allow children to eat in an unsecured construction site?

Mayor Fried suggested that both the Board of Education and the Concerned Parents of Renaissance School document a record of events regarding this issue.

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At 7:50 P.M., on motion made by Mayor Fried and duly seconded, the following resolution was adopted by unanimous vote:

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

WHEREAS, 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 8:05 P.M. on motion made by Mayor Fried and duly seconded, the Executive Session was adjourned by unanimous vote.

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At 8:06 P.M. on motion made by Mayor Fried 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 Avenue, for a Regular Meeting at 8:14 P.M.
Present: Mayor Fried, Deputy Mayor Terry, Councilors Africk, Baskerville, Lewis and Weller.
Absent: Councilor Murnick

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

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NEW BUSINESS

On motion made by Councilor Baskerville and duly seconded the following resolution was adopted by unanimous vote.

WHEREAS, the Township of Montclair opened and read bids, as prescribed by law, for elevator maintenance and repair services to be provided to the Township; and
 
WHEREAS, United States Elevator, Inc. of Fairfield, New Jersey submitted the lowest responsible bid for the required services, in accordance with the bid specifications, namely, a monthly payment of $552.00 for all elevators in the following Township buildings:

Municipal Building – 205 Claremont Avenue
Fire Headquarter Building – One Pine Street
Public Safety Building – 647 Bloomfield Avenue
Community Services Building – 219 N. Fullerton Avenue

now therefore,

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that United States Elevator, Inc. be and is hereby awarded a contract to provide elevator maintenance and repair services to the Township of Montclair, pending certification of funds by the Chief Financial Officer. Details of this contract are attached hereto and made a part hereof.

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On motion made by Councilor Lewis and duly seconded the following resolution was adopted by unanimous vote.

WHEREAS, on July 24, 2007, the Township Council adopted a resolution authorizing the electrical services contract with Sal’s Electric Co., Inc. of Jersey City, New Jersey, for general electrical services to be provided to the Township; and

WHEREAS, the contract was awarded for a period of 1 (one) year with option to renew the contract for a second 1 (one) year; and

WHEREAS, the Township of Montclair would like to renew final year contract with Sal’s Electric Co., Inc. with same terms and conditions; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the aforementioned renewal contract is hereby approved, and the Mayor and Township Clerk be and they are hereby authorized to execute and attest an to the Township’s renewal agreement with Sal’s Electric Co., Inc. for general electrical services to be provided to the Township, subject to certification of funds by the Chief Financial Officer.

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On motion made by Councilor Africk and duly seconded the following resolution was adopted by unanimous vote.

WHEREAS, by resolution adopted July 24, 2007 , the Township of Montclair, pursuant to advertisement duly made, awarded a contract to Zenith Construction Services, Inc. of 256 Grant Avenue, East Newark, New Jersey for construction of parks improvements , for an amount not to exceed 650,000.00 ; and
WHEREAS, by memorandum dated July 3, 2008, the Township Engineer recommended that the contract be amended to reflect an increase in the amount of work and/or materials actually required to fully complete the contract; and
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WHEREAS, the Township Manager has indicated his concurrence with the Township Engineer’s recommendation; and

WHEREAS, based on the foregoing, the Township Council has determined that it is necessary and appropriate to approve a change order to the subject contract (Change Order #2 ) in the amount of $22,756.22 ; and

WHEREAS, the funds for this change order have been appropriated in the following capital accounts:

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 authorized to execute and attest Change Order #2 to the contract with Zenith Construction Services, Inc.  by increasing the contract price by the sum of $22,756.22 , pending certification of funds by the Chief Financial Officer.

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On motion made by Deputy Mayor Terry and duly seconded the following resolution was adopted by unanimous vote.

WHEREAS, on June 25, 2008, the Township opened and read bids for Sanitary Sewer Manhole Repairs, as prescribed by law; and

WHEREAS, this contract is being awarded pursuant to a “fair and open process” as defined in the New Jersey Pay-to-Play Law, N.J.S.A. 19:44A-20.5 et seq.; and

WHEREAS, JOHN GARCIA CONSTRUCTION COMPANY, INC. submitted the lowest, responsible bid according to the specifications, at a unit price of $1,150.00 (Base Bid); and

WHEREAS, the estimated number of manholes repaired under this contract will be a minimum of 100 and a maximum of 300, plus two supplemental items for temporary surface repair (cold patch) and additional manhole reconstruction, below 18” depth; and

WHEREAS, the monies for this project have been appropriated in the following Sanitary Sewer Capital Budget Account:

Ordinance 06-38 (a) S-23-06-038-000-100$115,000.00

“Repair Broken/Collapsed Piping”
now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that JOHN GARCIA CONSTRUCTION COMPANY, INC. of 183 Friar Lane, Clifton, New Jersey, 07013 [Telephone: 973-773-4544] 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; and

 BE IT FURTHER RESOLVED that from time to time additional units may be needed and are hereby authorized to be contracted with JOHN GARCIA CONSTRUCTION COMPANY, INC. up to the maximum amount indicated above, subject to certification of funds by the Finance Director.

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On motion made by Mayor Fried 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 subject to compliance by the licensee with the provisions of R.S. 33:1-25, the Municipal Clerk be and she hereby is authorized to issue a Plenary Retail Alcoholic Beverage Distribution License, terminating June 30, 2009 to the following:

LIQUOR BOTTLE WAREHOUSE, LLC0713-44-017-003
310 ORANGE ROAD
MONTCLAIR, N.J. 07042

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On motion made by Mayor Fried 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: $971,481.82

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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 Fried and duly seconded, the following reports and communications were accepted and ordered to be made part of the minutes of this meeting.

FILED:One fully executed contract between the Township of Montclair and Fire and Safety Services, Ltd. for the repair and maintenance services for the Township of Montclair Fire Department Apparatus.

One fully executed contract between the Township of Montclair and Rio Supply S.L.C. Meter East for the purchase and delivery of water meters, mater meter registers, unitized measuring elements, radio frequency meter interface units, and accessories.

One fully executed contract between the Township of Montclair and Tilcon New York Inc. for furnishing of road materials

One fully executed contract between the Township of Montclair and Weldon Materials, Inc. for furnishing of road materials.

One fully executed contract between the Township of Montclair and Weldon Quarry Co., LLC for furnishing of road materials.

One fully executed contract between the Township of Montclair and Cifelli and Son General Construction, Inc.

One fully executed copy of 2007 Essex County Local Arts Program Grant Agreement.

One Letter of Agreement between the Township of Montclair and the Montclair Art Museum for the ‘Summer Movie Series.’

One Complete Montclair NJ Quiet Zone Detailed Plan.

One Letter from the New Jersey Council on Special Transportation asking for the Council’s support for Legislative Bills Assembly-2046 and Bill Senate-1830.

One “Conditional No Further Action Letter and Covenant Not to Sue” letter regarding Block 2201, Lot 17 of the Township.

One letter from Frank R. Alvarez, Superintendent of Schools, regarding the asbestos in Renaissance school.

One letter from Perry Doerr, Retired Montclair Township Manager, regarding the privatization of Clary Anderson Arena.

One letter from of Public Service and Gas Company offering a carbon abatement program in its service territory on a regulated basis and associated cost recovery mechanism.

Councilor Baskerville thanked everyone for attending this evening’s Council meeting. She announced a free Holmes’ Brothers concert in Nishuane Park, 7:30 P.M., sponsored by Martin’s Funeral Home and the Recreation Department.

Councilor Weller also welcomed those in attendance and thanked them for participating in this Council’s first meeting.

Mayor Fried announced the arrest of Kenneth Duckett, estranged husband of Monica Paul. He also noted that the Council has been meeting with a number of groups within the municipality and encouraged the public’s involvement.
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Deputy Mayor Terry thanked the Montclair Police Department, the Essex County Prosecutor’s office and the U.S. Marshall’s office for the recent arrest of Kenneth Duckett. He announced a fundraiser for Cathy Henderson, a breast cancer survivor on July 12 at 11:00 a.m. at the Montclair High School amphitheatre. The Deputy Mayor also noted the passing of Angelo “Butch” Fortunato, a beloved coach and citizen of Montclair.

Councilor Africk expressed appreciation to those in the audience at tonight’s Council meeting. He reported on a recent meeting with all stakeholders of the Universal Access Playground and thanked the Township Manager for coordinating the event.

Councilor Africk announced the next meeting of the Environmental Commission on July 9, 7:30 p.m. at Edgemont Park Boat House. He thanked all involved with the Fourth of July Parade for an outstanding event.

Mayor Fried announced that anyone interested in joining a Township Board, Committee, or Commission can download a Volunteer Interest Finder at the Township’s website.

Township Manager Joseph Hartnett stated that concerns regarding the All Access Playground are being addressed. He also reported on a recent productive meeting with PAWS. Mr. Hartnett noted that there will be no change in fees or scheduling for the Clary Anderson arena for a period of one year. However, he acknowledged time constraints with the bidding process regarding privatization of certain management services for the arena.

Mr. Hartnett provided an update on the Self-Insurance Commission. He asked the Council to appoint a Council representative to this group. Councilor Lewis will serve in this role for the next meeting.

Mr. Hartnett thanked the Township staff and volunteers who made all of the Fourth of July events so successful.

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PUBLIC COMMENT

William Scott, 23 Cedar Ave, reiterated his concern regarding an abandoned building at Rosedale Ave and Orange Road. He asked that the Township address this issue as soon as possible

James Harris, President, New Jersey NAACP, congratulated the new Council and asked that they be cognizant of the affirmative action component of all Township awarded contracts. He also stressed the need to be aware of the possible negative impact of privatization of certain Township services.

Emil Schattner, 26 The Fairway, believes the Township needs to implement codes to address the drainage problems within the Township.

David Herron, 3 Hawthorne Place, asked how the public could view the municipal bill list. He cautioned the Council on possible problems associated with privatization. Mr. Herron also noted drainage problems on Hawthorne Place and asked them to be addressed.

Helen Richmond, Concerned Parents of Renaissance School, 101 Gordonhurst Ave., asked the Council to pass a resolution requiring the Board of Education to provide a detailed timeline regarding the asbestos problem at the Renaissance School including any violation, or potential violation of any local or state laws regarding same within thirty days.

The Council will verbally request a timeline from the Board of Education. The Council suggested that the Concerned Parents of Renaissance School also develop a time line.

Mayor Fried noted that the Board of Education is under the authority of the State Department of Education.

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At 9:42 P.M., on motion made by Mayor Fried and duly seconded, the Regular Meeting was adjourned by unanimous vote.

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JERRY FRIED MAYOR

ATTEST:

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LINDA S. WANATMUNICIPAL CLERK