First Draft

COUNCIL MEETING – JULY 7, 2009

SECOND FLOOR CONFERENCE ROOM
7:00 P.M.

CORRESPONDENCE
EXECUTIVE SESSION

• Litigation
• Personnel
• Contracts – Labor contracts update
• ABC Update – Police Chief Sabagh

DISCUSSION

PUBLIC COMMENT

8:00 P.M. – COUNCIL CHAMBERS
OPEN SESSION
SUNSHINE NOTICE

ROLL CALL

PLEDGE OF ALLEGIANCE

Announcement This meeting is being broadcast live on Channel 34

SCHEDULED PRESENTATIONS
Proclamation congratulating Florence Chiego Russo
Montclair Arts Council – Destination Montclair Program

APPROVAL OF MINUTES
There have been presented to us the minutes of June 1 and 9, 2009. Are there any corrections or additions? MOTION TO ADOPT.

PUBLIC COMMENT ON ORDINANCES ON FIRST READING, RESOLUTIONS AND PROCLAMATIONS

ORDINANCES – SECOND READING/ADOPTION

A. Ordinance amending section 292-23.e of the Township Code (the “Solid Waste Ordinance”) to provide for an increased fee for rear yard refuse collection service. Introduced and passed first reading June 9, 2009.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE (O-031-09) (increases quarterly fee for rear yard refuse collection service from $75 to $100)

B. Ordinance amending various sections of the Code of the Township of Montclair to provide for an increase in fees for various licenses and permits issued by the Township. Introduced and passed first reading June 9, 2009.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE ( (O-032-09) (authorizes increases in various permit and license fees such as movie theaters, amusement game licenses, arcade license, filming permits, landscaper licenses, peddlers and solicitors licenses, garage sale permit, taxicab and livery license fees, towing fees and mobile vendor fees)

C. Ordinance amending Section 347-138.B of the Township Code (The “Historic Preservation Ordinance”) to establish a filing fee for applications for a certificate of appropriateness. Introduced and passed first reading June 9, 2009.

 Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE (O-033-09)

NEW BUSINESS

ORDINANCES – FIRST READING/INTRODUCTION

D. Ordinance amending Development Fee Ordinance

E. Ordinance to amend the Traffic Ordinance: Bus Stops at Normal Avenue and Carlisle Avenue (This will establish two bus stops which will enhance service on existing routes providing access for MSU and Montclair Heights rail station. Stops will be along Normal Avenue (eastbound and westbound at far side of intersection)

Consent Agenda
All items listed with an asterisk are considered to be routine by the Township Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so request, in which event the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. They will, however, be read by title and displayed in the Council chambers.

NEW BUSINESS
RESOLUTIONS

1. Resolution reappointing Alan G. Trembulak as Township Attorney (R-154-09) (Councilor Lewis, Councilor Murnick)

2. Resolution awarding a contract for management and operation of the Clary Anderson Arena (R-155-09) (This resolution authorizes that the stated contract pursuant to the RFP issued by the Township, providing for the operator to take over all operating costs including utilities and will offer a small commission schedule to the Township, and provide a six month termination clause) (Councilor Murnick/Councilor Africk)

3. Resolution authorizing refund of Board of Adjustment application fee for Senior Care and Activities Center, 110 Greenwood Avenue (R-156-09) (Township policy requires that Council authorize by resolution what portion of application fees should be retained when an application before the Board is withdrawn. The application fee was $410. Planning Dept. recommends that $400 of this fee be returned. $10 represents the non-refundable processing fee.)

4. Resolution consenting to the issuance of certain “Wanaque North Project Revenue Bonds, Series 2009” by the North Jersey District Water Supply Commission and certain other matters related thereto (R-157-09) (Montclair consents to issuance of bonds because the North Jersey Water Supply Commission’s participation in the program provides the Commission with an efficient and feasible means of providing services for the needs of the public at a reasonable price)

5. Resolution authorizing the submission of a HUD Neighborhood Stabilization Program 2 Grant application (R-158-09) (This Resolution authorizes the Township to join an Essex County consortium in a HUD grant application to acquire, renovate and resell foreclosed homes)

6. Resolution awarding contract to Haddad Plumbing & Heating, Inc. for plumbing services for the period from August 21, 2009 through August 20, 2010 with an annual option to renew for up to two additional years (R-159-09) (Five companies submitted bids to provide plumbing services to the Township. Haddad was the lowest responsible bidder. Rates of $65/hr weekday; $80/hr Saturday; $95/hr Sunday for plumber and lower rate for apprentice.)

7. Resolution requesting approval of the Director of the Division of Local Government Services to establish a dedicated Trust by Rider for Snow Removal Reserve Trust Fund pursuant to P.L. 2001, c.138 (R-160-09) (This resolution permits the Township to establish a Trust Fund to reserve budgeted snow removal funds that are not needed for expenses incurred during that year. Currently any such funds remain reserved in the Current Fund. Reserving the funds in a Trust Fund rather than the Current Fund is a better practices approach as per the State’s DLGS)(CL

8. Resolution determining the form and other details of not exceeding $4,600,000 General Improvement Bonds, Series 2009, of the Township of Montclair, and providing for their sale to the NJ Environmental Infrastructure Trust and the State of New Jersey pursuant to the 2009 New Jersey Environmental Infrastructure Trust Financing Program (R-161-09) (The Form and Sale Resolution (i) authorizes the form of the Township bonds, (ii) authorizes the sale of the Township Bonds to the NJEIT and the NJDEP, and (iii) determines various additional details of the sale of the Township Bonds, including par amount, redemption provisions, term of the Township Bonds and other details.) 

9. Resolution of the Township of Montclair declaring its official intent to reimburse expenditures for project costs from the proceeds of the not exceeding $4,600,000 debt obligations in connection with its participation in the 2009 NJ EITF Program (R-162-09) (The Reimbursement Resolution preserves the Township’s ability to reimburse itself for Project expenditures made prior to issuing Township bonds to the NJEIT Program. Please note that the Reimbursement Resolution does not require the Township to incur any such expenditures, nor does it require the Township to reimburse itself should it make such expenditures. It simply preserves the Township’s right to reimburse itself should the Township wish to do so.)

10. &nbsp&nbsp Resolution authorizing the execution and delivery of loan agreements to be executed by the Township and each of the New Jersey Environmental Infrastructure Trust and the State of New Jersey, acting by and through the Department of Environmental Protection, and further authorizing the execution and delivery of an Escrow Agreement, all pursuant to the 2009 NJ EIT Financing Program in connection with the not exceeding $,600,000 General Improvement Bonds, Series 2009 (R-163-09) (The Agreements Resolution approves the form of certain NJEIT Program agreements that Township Officials will be required to execute in connection with its participation in the NJEIT Program, including a Loan Agreement with the NJEIT, a Loan Agreement with the NJDEP and an Escrow Agreement with the NJEIT and NJDEP (forms of which will be provided to us when they are made available from NJEIT).

11.&nbsp&nbsp  Resolution authorizing renewal of two Plenary Retail Distribution Licenses and a Plenary Retail Consumption License (R-164-09) (This represents the annual renewal process for alcoholic beverage distribution and consumption licenses within the Township. The Distribution licenses were awaiting Tax Clearance Certificates from the Division of Taxation and the Consumption License was awaiting a Special Ruling from ABC to renew for one year since the license has been inactive. Therefore they could not be renewed with the others on June 23.) (Councilor Lewis)

12.&nbsp&nbsp  Resolution authorizing change order for South Park Street (R-165-09) (This project was awarded by resolution on August 19, 2008 to Cifelli and Son at a price of $160,754.65. for materials such as new granite block curb, concrete and brick, etc. This change order request for an additional $28,568.81 is primarily for additional quantities of materials required for milling, paving, and crosswalk and line striping, etc)

13. &nbsp&nbsp Resolution requesting installation of bus stop shelter at Bloomfield Avenue and Lackawanna Plaza by NJ Transit Corporation (R-166-09) (The present bus shelter at this location is in severe disrepair. This authorizes an agreement with NJT to purchase, install and maintain a new shelter.) (Councilor Lewis)

14. &nbsp&nbsp Bill Resolution

REPORTS AND COMMUNICATIONS

TOWNSHIP MANAGER
TOWNSHIP ATTORNEY
TOWNSHIP CLERK
TOWNSHIP COUNCIL
MAYOR

PUBLIC COMMENT

The meeting is now open to the public. If there is anyone present who wishes to address the Council on any matter of Township interest or importance we will be glad to hear from him or her at this time. The Council welcomes public comment at its meetings. However, because of the constraints of time and in fairness to all members of the public, the Council asks that you please limit your comments to three minutes, in order to allow everyone an opportunity to be heard. Please remember to sign your name and address on the sheet provided by the podium before you speak.