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Montclair Township

2011-10-04

Final

COUNCIL MEETING – OCTOBER 4, 2011

7:00 P.M. SECOND FLOOR CONFERENCE ROOM
EXECUTIVE SESSION

Labor Negotiations
DISCUSSION
Judge Insley
Parking Authority
SOA (action may be taken)
Wildwood Properties
South Park (action may be taken)
Recreation budget

8:00 P.M. COUNCIL CHAMBERS

OPEN SESSION
SUNSHINE NOTICE

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES
There have been presented to us the minutes of September 20, 2011.
Are there any corrections or additions? MOTION TO ADOPT.

Announcement This meeting is being broadcast live on Channel 34 and is streaming live at http://Montclair.peg.tv; it is available on demand and can and will be re-broadcast.

PROCLAMATION
Congratulating Watchung Booksellers on their 20th anniversary (Deputy Mayor Weller-Demming)

ORDINANCES SECOND READING/ADOPTION

A. Ordinance amending Chapter 347: Zoning of the Township Code to create the title of Zoning Officer and identify the responsibilities with this title. Introduced and passed first reading August 16, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HEARING OPENED SEPTEMBER 6, 2011. HEARING MAY CONTINUE. CLOSE HEARING (N.B. Planning Board approval attached) VOTE. (O_11_050) (Deputy Mayor Weller-Demming, Councilor Lewis) (Municipal Land Use Law establishes the position, duties and terms of Zoning Officer as necessary to adequately enforce the Town’s zoning provisions. This amendment to Montclair’s Code fulfills this requirement and is not a new hire)

B. Ordinance amending Chapter 347: Zoning of the Township Code to create requirements for temporary uses and structures. Introduced and passed first reading August 16, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HEARING OPENED SEPTEMBER 6, 2011. HEARING MAY CONTINUE. CLOSE HEARING. (N.B. Planning Board approval attached)VOTE. (O_11_051)(Councilor Lewis, Deputy Mayor Weller-Demming)

C. Ordinance amending Chapter 202: Land Use Procedures of the Township Code (Article III: provisions applicable to both Planning Board and Zoning Board of Adjustment) to update procedures and various fees. Introduced and passed first reading August 16, 2011

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HEARING OPENED SEPTEMBER 6, 2011. HEARING MAY CONTINUE. CLOSE HEARING. (N.B. Planning Board approval attached)VOTE.. (O_11_052) (Councilor Terry, Deputy Mayor Weller-Demming) (This amends Montclair’s Code Chapter 347 – Zoning – by adding an application cost for lot line adjustments, revising the cost to produce a certified list of property owners (the $10 fee is a statutory requirement) and add new cost items for the zoning map and master plan in accordance with Township auditor’s request)

D. Ordinance amending and supplementing Chapter 281 of the Township Code (Site Plan Review). Introduced and passed first reading August 16, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? HEARING OPENED SEPTEMBER 6, 2011. HEARING MAY CONTINUE. CLOSE HEARING. (N.B. Planning Board approval attached)VOTE. (O_11_053)(Mayor Fried, Deputy Mayor Weller-Demming)

E. Pay to Play Ordinance. Introduced and passed first reading September 6, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE. (O_11_059) (Regulates political contributions from business
entity awarded professional services contracts)

F. Revised Montclair Center Gateway Redevelopment Plan – Phase 1 Ordinance Introduced and passed first reading September 6, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE. (O_11_060)

G. Ordinance to amend the Traffic Ordinance – mid-block crosswalk at North Fullerton Avenue between Chestnut Street and Rand Place (Rand at Renaissance School). Introduced and passed first reading September 6, 2011.

Is there anyone present who wishes to be heard in relation to the proposed Ordinance? CLOSE HEARING. VOTE. (O_11_061)

PUBLIC COMMENT ON ORDINANCES ON FIRST READING, RESOLUTIONS AND PROCLAMATIONS

NEW BUSINESS
ORDINANCES

H. No parking restrictions on Union Street at Prospect Terrace (O_11_064) (Councilor Lewis, Deputy Mayor Weller-Demming) (At the request of Union St./Prospect Terr. residents regarding sight distance concerns and at the recommendation, upon review, of the Engineer and Traffic and Parking Advisory Comm. this ordinance extends no parking to corner restriction on the south side of Union Street in both directions to facilitate appropriate sight distance for vehicles exiting Prospect Terr.)

I. No parking restrictions on Franklin Avenue at Virginia Avenue (O_11_065) (Councilor Baskerville) (At the request Franklin Ave/Virginia Ave residents and at the recommendation, upon review, of the Engineer,. this ordinance extends no parking to corner restriction back from the intersection along Franklin Ave in both directions)

J. Ordinance amending Chapter 337 of the Township Code - Mobile vendors (O_11_066) (Councilor Baskerville)

K. Bond Ordinance providing a supplemental appropriation of $250,000 for pavement resurfacing and restoration of South Park Plaza in and by the Township and authorizing issuance of $237,500 bonds or notes for financing part of the appropriation (O_11_067) (Councilor Africk)

RESOLUTIONS

1. Resolution awarding contract for the rebuild of DCS 54 – Storm Sewer vacuum/flusher truck (R_11_165) (Councilor Terry,) (After consideration of several options, DCS recommends contracting with STEELFAB at a cost of $43,045 – cost of which was authorized in the 2007 capital budget – to rebuild the vacuum/flusher assembly of our 1996 International cab and chassis. Cab and chassis are still operational and do not require work. The truck is a basic, necessary component in the maintenance of the Township’s storm sewer collection system and the annual cleaning of the catch basins required by NJDEP)

2. Resolution awarding contract for 2011 fall tree planting (R_11_166) (Deputy Mayor Weller-Demming,) (Nine bids were received on September 14, 2011 for the fall tree planting contract which includes the planting of 200 shade trees throughout the town and is necessary to supplement the efforts of the Shade Tree Dept. due to large number of town trees and the need for ongoing program to replace and maintain trees. DCS and the arborist reviewed the bid prices and qualifications of the bidders and recommend the contract be awarded to Louis Barbato Landscaping, Inc. at a cost of $33,200)

3. Resolution reappointing Township Attorney (R_11_167)

4. Resolution authorizing the Mayor to officially notify the Essex County Division of Housing and Community Development of the Township’s desire to participate in the “Urban County” requalification process for program year 2012-2014 (R_11_168) (Deputy Mayor Weller-Demming) (Essex County Community Development Block grants provide Montclair the fiscal capability to complete many beneficial projects that might not otherwise be possible. This authorizes the Mayor to notify the County of Montclair’s interest in participating in this process)

5. Resolution authorizing appointments to the Housing Commission (R_11_169) (Councilor Baskerville, Mayor Fried) (This resolution appoints Deirdre Malloy, Tessa Schultz and Sefu Fuller to serve as members of the Housing Commission beginning immediately and ending December 31, 2014)

6. Resolution for 4 ft. driveway setbacks on Prospect Terrace (R_11_170) (Councilor Terry, Deputy Mayor Weller-Demming) (Area residents are concerned about driveways being blocked by parked vehicles whenever events take place at the Wellmont Theatre. On review and recommendation of Township Engineer and Traffic and Parking Advisory Committee this resolution directs the placement of lines or markings on the curb and/or street to prohibit parking within specified distance of driveways)

7. Resolution requesting approval of the Director of the Division of Local Government Services to establish a dedicated trust by rider for the Senior Advisory Committee, in accordance with NJSA 40A:5-29 (R_11_171) (Deputy Mayor Weller-Demming)

8. Reject bids for South Park Streetscape Improvements (R_11_172) (On August 9, 2011 Township received bids for South Park Streetscape improvements. After a review of bid proposals it was determined that there are insufficient funds to proceed with the project as currently designed; these bids are rejected accordingly)

9. Reject bid for Purchase of Decorative Street Lighting (R_11_173) (On August 9, 2011 Township received bids for purchase of decorative lighting on South Park St. Only one bid was submitted and because of concerns regarding the capital cost Council requested the Township look into having street lighting provided by PSEG. If Public Service is not chosen after reviewing their proposal, this project will be re-bid when the streetscape work is re-bid

10. Resolution authorizing grant application and execution of a grant contract with the New Jersey Department of Transportation for Union Street between Undercliff Road and Orange Road (R_11_174) (Councilor Terry) (This resolution authorizes the Township to submit to the NJ DOT an electronic application for a Municipal Aid Grant for roadway improvements to Union Street between Undercliff Road and Orange Road. The project will include construction of new granite block curb, corner handicap ramps, new drainage pipes and inlets, milling and paving. striping, signage and pavement markings to designate a "shoulder-lane" bicycle route will also be included.)

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.

REPORTS AND COMMUNICATIONS
TOWNSHIP MANAGER
TOWNSHIP ATTORNEY
TOWNSHIP CLERK
TOWNSHIP COUNCIL
MAYOR