Second Draft

COUNCIL MEETING – AUGUST 3, 2010

7:00 P.M. SECOND FLOOR CONFERENCE ROOM

DISCUSSION
CORRESPONDENCE

EXECUTIVE SESSION

• • Litigation
• • Personnel –Municipal Court Judge, Public Defender, Prosecutor
• • Contracts

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

APPROVAL OF MINUTES
There have been presented to us the minutes of July 13 and 20, 2010. Are there any corrections or additions? MOTION TO ADOPT.

PROCLAMATIONS
Proclamation in memoriam Ted Upshaw (Councilor Baskerville
Proclamation congratulating Montclair High School on All Class Reunion (Mayor Fried)
Proclamation congratulating First Seventh day Adventist Church of Montclair on their 80th Anniversary (Councilor Baskerville, Deputy Mayor Terry)

ACTION ITEMS

ORDINANCES SECOND READING/ADOPTION
Ordinances A thru E below authorize changes in parking and traffic circulation in the area around the Bullock School, located on Washington Street. These ordinances are the result of review and recommendation made by the Township Engineer, Police Dept, Montclair School officials, representatives of Montclair Head Street program, PTA members, and the Traffic and Parking Advisory Comm. These changes should provide ways to manage the traffic generated by the new school

A. Ordinance amending the supplementing Section 327-16 of the Township Code (The “Vehicles and Traffic Ordinance”) to prohibit parking on the easterly side of Miller Street, the southerly side of Fulton Street and a portion of the westerly side of New Street. Introduced and passed first reading July 6, 2010.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE (O_10_037) (Councilor Baskerville, Councilor Lewis)

B. Ordinance amending and supplementing Section 327-5 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for one way traffic on portions of Hartley Street and Fulton Street. Introduced and passed first reading July 6, 2010.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE . (O_10_038) (Councilor Lewis, Councilor Baskerville)

C. Ordinance amending and supplementing Section 327-20 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for restricted parking on a portion of Fulton Street. Introduced and passed first reading July 6, 2010.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE (O_10_039) (Councilor Baskerville, Councilor Lewis)

D. Ordinance amending Section 327-22.B of the Township Code (“Loading Zones”) to establish a school bus loading zone on Washington Street. Introduced and passed first reading July 6, 2010.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE (O_10_040) (Councilor Lewis, Councilor Baskerville) (O_10_033)

E. Ordinance amending the supplementing Section 327-20 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for two-hour restricted parking on portions of Washington Avenue. Introduced and passed first reading July 6, 2010.

MOTION TO AMEND ORDINANCE AS INTRODUCED.
Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE (O_10_041) (Councilor Baskerville, Councilor Lewis)

F. Ordinance amending and supplementing Section 327-15 of the Township Code to permit overnight parking on a portion of the easterly side of Orange Road. Introduced and passed first reading July 6, 2010.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HOLD HEARING. CLOSE HEARING. VOTE (O_10_042) (Councilor Lewis, Mayor Fried)

NEW BUSINESS
ORDINANCES

G. Ordinance to amend the Traffic Ordinance – establish an on-street handicapped parking space at Edgemont Memorial Park (O_10_043) (Councilor Lewis, Councilor Weller-Demming)(As the result of a request from the Persons with Disabilities Committee requesting an on-street handicapped space near the All Children’s playground, the Traffic and Parking Advisory Committee recommends the creation of a space on the east side of Edgemont Road nearest the walkway/driveway at the south end of the park)

H. Ordinance amending and supplementing Section 327-20 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for two-hour restricted parking on portions of Pine Street (O_10_044) (Councilor Lewis, Mayor Fried) (This creates a two hour parking zone for the entire block of Pine Street between Glenridge and Claremont Avenues which currently has no consistent parking restrictions, i.e. 1 or 2 hour parking or no parking restrictions on various parts of the street. This will make parking consistent on the block)

I. Ordinance amending Section 327-16 of the Township Code (“the Traffic Ordinance”) to prohibit parking on a portion of the North side of Bellevue Avenue (O_10_045) (Councilor Lewis, Councilor Murnick) (To address parking restrictions in front of Mt. Hebron School this ordinances prohibits parking on the north side of Bellevue Avenue from Norowood Avenue to a point 460 feet east)

J. Ordinance amending and supplementing Section 327-18 of the Township Code (The “Vehicles and Traffic Ordinance”) to prohibit parking during certain hours on a portion of the south side of Bellevue Avenue (O_10_046) (Councilor Lewis, Councilor Murnick) (This limits the no parking regulation on the south side of Bellevue Avenue to Monday through Friday, 8 a.m. to 4 p.m. which will allow parking in front of the Mt. Hebron field on weekend

K. Ordinance amending and supplementing Section 327-5.1 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for the closing of certain Township streets on designated days and times (O-10_047) (Councilor Baskerville, Councilor Lewis) (These street closings at designated days and times should provide ways to manage the traffic generated by the new Bullock school)

L. Ordinance amending and supplementing Section 327.4 of the Township Code (The “Vehicles and Traffic Ordinance”) to provide for the installation of a traffic control signal at the intersection of Elm Street and Washington Street (O_10_048) (Councilor Baskerville, Councilor Weller-Demming)

M. Ordinance authorizing execution of a lease renewal agreement between the Township of Montclair and the Montclair Ambulance Unit for property located at 95 Walnut Street (O_10_049) (Councilor Murnick, Deputy Mayor Terry) (In accord with NJ statutes Township may lease property not needed for public use to nonprofit corporations to be used for a public purpose such as provision of first aid and emergency services. Pursuant to Township Ordinance No. 05-42 the Township leased property to MVAU for a 5 year term. This ordinance authorizes Montclair to renew the lease for an additional term of 10 years at a cost of $10 per year.)

N. Ordinance amending Section 327-16 of the Township Code (“The Vehicles and Traffic Ordinance”) to prohibit parking on portions of Fulton Street, Miller Street, and Elm Street (O_10_050) (Councilor Baskerville, Councilor Weller-Demming)(These parking prohibitions on portions of Fulton, Miller and Elm Streets will help to manage traffic generated by the Bullock School)

O. Ordinance amending and supplementing Section 327-16 of the Township Code (The “Vehicles and Traffic Ordinance”) to prohibit parking on a portion of the westerly side of New Street and a portion of the southerly side of Washington Street (O_10_051) (Councilor Baskerville, Councilor Lewis) (These parking changes, in the area of the Bullock School, will help to manage school traffic)

RESOLUTIONS

1. Resolution authorizing a change order to contract for construction of Quiet Zone Grade Crossing improvements (R_10_107) (Councilor Lewis, Mayor Fried) (A May 4, 2010 resolution awarded a contract to Cifelli & Son for construction of various grade crossing safety improvements required for establishment of the Montclair Quiet Zone in an amount not exceeding $268,895.15. A July 26th memo from the Township Engineer recommends that the QZ contract be amended to reflect increase in the work required to complete the contract. Said work requires an additional $24,500)

2. Resolution authorizing appointments to the Civil Rights Commission (R_10_108)(Councilor Baskerville, (Councilor Weller-Demming) (This resolution authorizes the appointment of Kelia Sweatt to the CRC for a term commencing immediately and terminating December 31, 2013)

3. Resolution awarding contract for video inspection, cleaning and reconstruction (cured in place piping) of sanitary sewers at various locations (R_10_109) (Councilor Weller-Demming, Mayor Fried) (As a result of bids received on June 16 from five vendors, Progressive Pipe Inc. was awarded the contract for video inspection, cleaning and reconstruction of sanitary sewers at various locations.)

4. Resolution awarding contract for elevator replacement at the Montclair Municipal Building, 205 Claremont Avenue (R_10_110) (Councilor Weller-Demming, Mayor Fried) (Three vendors submitted bids on June 9, 2010 to replace the elevator in the Municipal Building. The successful responsible bidder is Howard C. Storer, LLC for the amount of $166,310. The project is funded by a 2009 Community Development Block Grant for Americans with Disabilities improvements.)

5. Resolution Awarding Contract for Upgrades to the Watchung Avenue Pumping Station (R_10_111) (Councilor Weller, Councilor Baskerville) (Longo Electrical-Mechanical, Inc. is the lowest responsible bidder at $1,627,100 of the eight bids received to provide upgrades to the Watchung Avenue Pumping Station. A great deal of the station’s equipment, which includes motor starters, pumps and switchgear, dates back to the ‘30s and, while functional, are not as economical or efficient to use. Funds are available in two accounts and the project is part of the New Jersey Environmental Infrastructure Trust program)

6. Resolution Authorizing the Execution of a Professional Services Agreement with Gannett Fleming, Inc. for Engineering and Inspection Services Related to the Upgrades of the Watchung Avenue Pumping Station at a cost not to exceed $176,000.00.(R_10_112) (Councilor Weller, Mayor Fried)(Gannett Fleming, Inc. engineering firm will provide engineering and inspection services related to upgrades to the Watchung Avenue Pumping Station project because they prepared the specifications and plans and are familiar with all aspects for the project)

7. Resolution Rejecting Bids for the Furnishing of Road Materials (Paving Materials, Stone, Sand, etc.) (R_10_113) (Deputy Mayor Terry, Councilor Murnick) (Bids received on 6-9-10 for furnishing road materials, including paving materials, stone, sand, etc. exceeded funds appropriated for these materials. In accord with Local Public Contracts Law the municipality may reject all bids when the lowest exceeds funds appropriated)

8. Resolution authorizing renewal of contract with Sal’s Electric Co., Inc. for the provision of electrical services (R_10_114) (Councilor Weller-Demming, Mayor Fried) (As per resolution adopted 7-23-09 Sal’s Electric Co has been providing general electrical services to the Township. This resolution authorizes Montclair to exercise the option to renew the contract for an additional one year period until 7-23-11)

9. Resolution authorizing renewal of contract with Magic Touch Construction Co., Inc. for plumbing services to be provided to the Township of Montclair (R_10_115) (As per resolution adopted 7-7-0 Magic Touch Construction Co has been providing plumbing services to the Township. This resolution authorizes Montclair to exercise the option to renew the contract for an additional one year period until 8-20-11)

10. Resolution authorizing temporary budget appropriation (R_10_116) (Councilor Lewis, Mayor Fried) (This resolution authorizes additional budget appropriations to cover activities during the month of August as the process continues to adopt the budget)

11. Resolution authorizing the filing of an application with the Department of Community Affairs for a grant/loan from the Downtown Business Improvement Zone Loan Fund (R_10_117) (Mayor Fried, Councilor Weller-Demming) (The Township wishes to apply for a grant/loan from NJ DCA for approximately $148,000 to carry out a project to implement streetscape and other improvements on South Park Street)

12 Resolution authorizing the renewal of professional services agreements with Genova Burns & Vernoia as labor and employment counsel and special litigation counsel for the Township of Montclair for the year 2010 (R_10_118) (Mayor Fried, Councilor Lewis) (The Township is entering into a professional services agreement with Genova Burns & Vernoia to provide legal services in labor and employment matters for a period from January 1, 2010 through December 31, 2010)

13. Resolution adopting Robert’s Rules of Order to govern the conduct of all meetings of the Township Council (R_10_119) (Mayor Fried, Deputy Mayor Terry)

14. Resolution expressing the Township Council’s support for the possible development of a public skate park (R_10_120) (Mayor Fried, Councilor Weller-Demming) (Montclair believes it is worthwhile to continue to explore the possibility of finding an appropriation and the necessary funding to develop a skateboard park or similar facility for people who engage in skateboarding)

15. Resolution directing the placement of lines or markings on the curb and/or street to prohibit parking within specified distances of driveways on New Street, Fulton Street, Miller Street and Washington Street (R_10_121) (Councilor Weller-Demming, Councilor Baskerville) (Pursuant to Montclair Township Code, DCS is authorized to place lines or markings on curbs and/or streets so as to prohibit parking within specified distance of the edge of driveways. This resolution directs placement of these lines on New, Fulton, Miller and Washington Streets)

16. Bill Resolution

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. Anyone authorized by an organization or group to speak on their behalf will be allowed to do so for an additional three minutes. Please remember to sign your name and address on the sheet provided by the podium.