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MONTCLAIR, NEW JERSEY August 19, 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 7:03 P.M.

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

STATEMENT OF SUNSHINE

RENAISSANCE SCHOOL UPDATE:

Mayor Fried announced that the individual hired to prepare a report on Renaissance School issues for Council review has dropped out. A list of replacements will be available shortly.

Ms. Jodi Godfrey, 31 Macopin Avenue, reported that she is having difficulty reaching Dr. Charles Cobb, Principal of the Renaissance School and asked for the Council’s assistance.

Ms. Fiona Ostemayer, 35 Alexander Avenue, thanked the Council for moving forward with an investigation of problems at the Renaissance School.

Ms. Helene Richman, 101 Gordonhurst Avenue, reported that the Renaissance Health and Wellness Committee has not yet received an answer to their recent correspondence to the Board of Education.

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At 7:25 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 8:07 P.M., on motion made by Mayor Fried and duly seconded, the executive session was adjourned by unanimous vote.

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At 8:08 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 8:15 P.M.
Present: Mayor Fried, Deputy Mayor Terry and Councilors Africk and Weller.
Absent: Councilors Baskerville, Lewis and Murnick

STATEMENT OF SUNSHINE NOTICE

PLEDGE OF ALLEGIANCE

Mr. Fahim Abedrabbo, Field Representative for Congressman William Pascrell, Jr., alerted Montclair residents that literature of interest to the community and supplied by Congressman Pascrell will be available in the Municipal Clerk’s Office.

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SCHEDULED PRESENTATIONS

BIKE MONTCLAIR:

Laura Torchio, Head of Bike Montclair, reviewed recent initiatives by this organization:

Bicycle and Pedestrian Network in the Township of Montclair

Through field work, deficiency analysis and discussions with the Study Advisory Committee, residents at the Walnut Street Farmer’s Market and comments received at the Public Information Center, the following bicycle and pedestrian issues were identified:

1) Motor vehicles exceed the posted speed limit on roadways in the Township
2) Motorists are not sharing the road with bicyclists
3) Cracked pavement edges and debris are causing an unpleasant ride for bicyclists
4) Some roadways in the Township have drainage grates that are not bicycle compatible
5) Some roadways exhibit poor drainage leading to standing water
6) More bicycle racks are desired around the Township
7) Some sidewalks and intersections are not ADA (Americans with Disabilities Act) compliant
8) Some sidewalks are cracked and others do not drain properly
9) An “exemplary bicycle corridor” is desired and/or a roadway “safe haven” for non motorized
Modes (i.e. a roadway with bicycle lanes, a reduced speed limit and noticeable presence of bicyclists and pedestrians)
10) Some residents are not bicycling or walking to their destinations and children are not bicycling or walking to school, leading to obesity, congested roadways and a shortage in parking
11) Some crosswalks are faded and therefore not visible to motorists

Solutions identified in the Action Plan included:

• Maintenance of roadways (including drainage grates) and pedestrian facilities
• Upgrading intersections to comply with the ADA
• Motorist, bicycle and pedestrian education (i.e. motorists “Yield to Pedestrians” and pedestrians “Cross the Street where you can see and be seen”)
• Continued enforcement of the speed limit and other regulations (i.e. failing to yield right-of-way to pedestrian)
• Marketing the Township as bicycle and pedestrian friendly, once improvements are implemented

Traffic calming efforts should also be continued to make streets safer for all modes of travel.

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She expressed Bike Montclair’s hope to rekindle the relationship with the Council and to set goals similar to those in the Township Master Plan.

Mayor Fried thanked Ms. Torchio and the group for its efforts and expressed appreciation to Gray Russell for his involvement.

Ms. Kimberli Craft, Township Engineer, explained that all changes must be approved by the New Jersey Department of Transportation, Essex County and the municipality.

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CLARY ANDERSON ARENA UPDATE:

Township Manager Joseph Hartnett presented the rationale for seeking a private company to manage the arena (Township must adhere to N.J. State budget caps). An RFP was developed by the Township and the stakeholders involved. Three proposals were received and each company was interviewed and references reviewed.

Mr. Hartnett concluded that each of the three companies could successfully manage the arena for the Township. He asked each vendor to submit a signed “clarification” sheet to include a provision that the municipality could opt out of any contract after one year. No full time municipal arena staff members would lose their positions. Part time employees would also have the opportunity to continue.

Mayor Fried noted that other options for management of the arena include utilizing either an “authority” or “utility” scenario to run the facility. The arena may also function under a “not-for-profit” status.

Mr. Steve Smith, 28 Clairidge Court, President, Montclair High School Booster Club, presented his personal comments: He asked that:

1. Any contract be held to a one year limit and/or
2. Creation of a non-profit organization to oversee the arena.

Mr. Aaron Schorr, 480 Valley Road, Chair, Parks and Recreation Advisory Committee, stated that the community has not received any feedback on a privately funded rehabilitation of the Clary Anderson Arena.

Mayor Fried stated that implementation of the previously presented architectural plans for the facility may not be possible.

Mr. John McManamey, 132 Norwood Avenue, rejects the idea that the arena has been poorly managed. He believes there are other options for maintaining the arena as a community resource.

Ms. Barrett Whitcomb, 8 LaGrange Street, Little Falls, believes that current arena employees are very dedicated.

Mr. Al Weller, 187 Cooper Avenue, asked the following:

1. How did the arena issue become a priority?
2. Can the Township produce a five year fiscal statement for the arena?
3. Did the Township create committees to provide input on the RFP?
4. Can the Township provide clear information regarding State cap and State revenue approval measures?

Ms. Joan Volpe, 22 Upper Mountain Avenue, long time rink user expressed concern that outside management of the arena will “bring about its downfall.”

Mr. Al Dworkin, 95 Bay Street, Zamboni operator specialist, Clary Anderson Arena, opposes its privatization. He urges the rehabilitation of the facility.

Mr. Joe Bates, Cranford, is concerned about the disposition of the current arena staff. He also fears a rate increase.

Mr. Jeff Fetterella, former skate guard, Clary Anderson arena, hopes the rink will not lose its “community feel.”

Mr. Chris McDonough, hockey player, asked the Council to delay any decision regarding the rink. He believes privatization will destroy the hockey program in Montclair.

Mr. Joseph Guancione, 14 Baldwin Street, asked if vendors were aware of the financial losses attributed to the arena. He asked for an independent accounting of the arena’s finances.

Mr. Kevin McCormack, Operations Manager, Floyd Hall Arena, stated that, if his company was awarded the contract, it would maintain the best interests of the community.

Ms. Stefanie Wood, 62 Orange Road, asked that, if the schools were the principal arena users (at no fees), how was it possible for a private company to make a profit.

Mr. Tom Kaz, former resident of Montclair, asked to review the financial statement for the arena.

Ms. Becky McManamey, employee of the Clary Anderson Arena, likes the friendliness and community feel of this facility.

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EDGEMONT PARK – ALL CHILDREN’S PLAYGROUND:

Township Manager Hartnett referenced competing concerns regarding this project including appropriate location, size, and finances. The playground must be completed before September 30 or the grant from the State of New Jersey will be forfeited.

Mr. John Cronogue, 264 Midland Avenue, Friends of Edgemont Park, asked that the view of the ramps be obscured from the public.

Mr. Aaron Schoor, asked that “no skateboarding” signs be erected on the site.

Mr. Dave Fucio, Chair, People with Disabilities, urged prompt execution of this project.

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On motion made by Mayor Fried and duly seconded, the minutes of August 5, 2008 were approved by unanimous vote.

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 ORDINANCES-SECOND READING/ADOPTION
The pending ordinance entitled: “BOND ORDINANCE PROVIDING OR VARIOUS CAPITAL MPROVEMENTS OF THE TOWNSHIP, APPROPRIATING THE AGGREGATE AMOUNT OF $1,797,500 THEREFOR AND AUTHORIZING ISSUANCE OF $1,707,625 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.” (08-25) passed first reading 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 Fried asked whether anyone present wished to address the Councilors regarding the proposed ordinance.

There being no one wishing to be heard, Mayor Fried closed the hearing.

On motion made by Councilor Weller and duly seconded, the ordinance was POSTPONED by unanimous vote.

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NEW BUSINESS

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

WHEREAS, the public schools of Montclair are having a staff development days on September 2, 2008, October 13, 2008 and February 18, 2009; and

WHEREAS, facilitating said day is in the best public interest; and

WHEREAS, there will be an increased demand for parking in the vicinity of all public schools on that day; now therefore

BE IT RESOLVED that pursuant to N.J.S.A.39-137.3 there shall be no time parking restrictions on September 2, 2008, October 13, 2008 and February 18, 2009, between the hours of 7:30 a.m. and 3:30 p.m. on the Township streets adjacent to the public schools and as delineated on the attached list; and

BE IT FURTHER RESOLVED that all other parking and traffic regulations will remain in effect.

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

WHEREAS, pursuant to the Local Public Contracts Law, the Township of Montclair previously awarded a contract to L&L Construction Group, Inc. (“L&L”) for the construction of certain improvements to South Park Street; and

WHEREAS, in or about November 2007 the Township entered into a contract with L&L for construction of the aforementioned South Park Street improvements and
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WHEREAS, several disputes have arisen between the Township and L&L and as part of the settlement of those disputes, the parties have agreed to rescind the aforementioned contract; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township Manager and the Township Attorney be and they are hereby authorized to execute any documents and take any and all other action necessary to rescind and/or cancel the aforementioned contract between the Township and L&L Construction Group, Inc. for construction of South Park Street Improvements.

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

WHEREAS, the Township of Montclair is committed to providing safe, clean and affordable fuels for its fleet of vehicles and equipment in order to conserve limited energy resources, increase energy security, and reduce air pollution and emission of carbon dioxide gases which contribute to global warming; and

WHEREAS, the Office of Clean Energy in the New Jersey Board of Public Utilities has agreed to reimburse the Township for any incremental increase in the cost of B20 Biodiesel fuel purchased by the Township; and

WHEREAS, pursuant to the Local Public Contracts Law, municipalities are authorized to procure goods and services under contracts entered into by the Division of Purchase and Property in the New Jersey Department of the Treasury without advertising for bids; and

WHEREAS, the New Jersey Department of the Treasury has awarded a contract for the purchase of B20 Biodiesel Fuel to Taylor Oil Company, Inc.; and

WHEREAS, the Township wishes to purchase B20 Biodiesel fuel from Taylor Oil Company, Inc., subject to the terms and conditions of the aforesaid State contract; and

WHEREAS, the funds for this acquisition have been appropriated in the 2008 Operating Budget; now therefore

BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that the Township be and is hereby authorized to purchase B20 Biodiesel fuel from Taylor Oil Company, Inc. in accordance with the terms and conditions of the aforesaid State contract, subject to certification of available funds from the Chief Financial Officer.

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

WHEREAS, on July 24, 2008 the Township of Montclair opened and read bids for construction of new granite block curb, sidewalk drainage and paving of South Park Street between The Crescent and Church Street , as prescribed by law; 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, Ciffelli & Son General Construction of 4 Coppola Street, Nutley, NJ 07110 submitted the lowest responsible bid, according to the specifications, in the amount of $160,754.65 ; and
WHEREAS, the monies for this project have been appropriated in the following Capital Budget Accounts:

now therefore
BE IT RESOLVED by the Council of the Township of Montclair, in the County of Essex, that CIFFELLI & SON GENERAL CONSTRUCTION be and they are hereby awarded the above-stated contract, pending certification of funds by the Finance Director. Details of the contract are attached hereto and made a part hereof.

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

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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.

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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 copy of a contract for Elevator Maintenance & Repair Services for the Township of Montclair awarded to United States Elevator
One fully executed copy of a contract for Design & Construction of Playground Improvements at Edgemont Memorial Park awarded to JC Landscape Construction & Management Co., Inc.
 One fully executed copy of a contract for Munn Street & Cottage Place Street Improvements awarded to Cifelli & Son General Construction, Inc.
 One fully executed copy of a contract for Improvements to Montague Place awarded to A & J Contractors Group, Inc.
 Oath of Office: Roger Terry, Planning Board Member.
 Letter from State of N.J., Board of Public Utilities, re: Comcast – Application for Renewal Municipal Consent, Ordinance Review.
 Local Finance Board Resolution reflecting the action the Board took at their meeting held on November 7, 2007.

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PUBLIC COMMENT
Mr. Celester Barnes, 13 Fulton Street, expressed concern regarding a permit given to a church to conduct a “revival meeting” each night for the entire month of August. He asked for a reprieve from the excessive noise generated by those in attendance.

Ms. Amy Maples, 9 Fulton Street, reiterated these concerns. She asked for more effective police involvement.

Ms. Verna Gray, 16 Fulton Street, is “outraged” at the disturbance created by participants in the revival meetings.

Mr. Erma Chavez, 25 Fulton Street, reported that her many attempts to address this problem with the pastor have been unsuccessful.

Ms. Tracy Fallon believes the Township is “starving PAWS out of business.”

Mr. Steve Goodman, 22 Berkeley Place, asked when the Council will present its Strategic Plan.

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 At 11:47 P.M., on motion made by Mayor Fried and duly seconded, the meeting was adjourned
by unanimous vote.

________________________________________
JERRY FRIED MAYOR
ATTEST:
________________________________________
LINDA S. WANATMUNICIPAL CLERK