HomeMy Public PortalAbout2004/03/25 MARCH25,2004
The Regular Meeting of the Mayor and Council of the Borough of GOUNCIL MEETING
Carteret was called to order by Mayor Daniel J. Reiman approximately
7:00 P.M. on Thursday, March 25, 2004, Municipal Court/Police
Facility, 230 Roosevelt Avenue, Carteret, New Jersey.
Upon individual roll call, the following were noted present: ROLL CALL
Councilmember Randy Kmm
" Frank Parisi
" Ronald Rios
" Joseph Sitarz
Also noted present was Borough Attorney Robert J. Bergen, Esq.
Noted absent were Councilmembers Susan Naples and Brian NOTED ABSENT
Sosnowski.
PRAYER, PLEDGE
The meeting was opened with a moment of Silent Prayer and The OF ALLEGIANCE
Pledge of Allegiance led by Mayor Daniel J. Reiman.
STATEMENT OF
The Clerk stated that on January 6, 2004, the 2004 Annual Meeting MEETING NOTICE
Notice was published in The Home News Tribune, The Star-Ledger
and posted on the bulletin board.
ORDINANCE # 04-15
ORDINANCE #04-15 was introduced and adopted on First Reading CAPITAL
and the Clerk authorized and directed to advertise same for Public IMPROVEMENT
Hearing to be held on April 22, 2004, upon MMS&C, by VARIOUS SEWER
Councilmembers Rios and Sitarz. Upon individual roll call vote, IMPROVEMENTS
Councilmernbers Krum, Parisi, Rios and Sitarz voted in the
affirmative. Councilmembers Naples and Sosnowski were noted
absent.
ORDINANCE #04-15
"AN ORDINANCE PROVIDING FOR VARIOUS SEWER
IMPROVEMENTS FOR THE BOROUGH OF CARTERET,
COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRIATING
$550,000.000 FROM THE CAPITAL IMPROVEMENT FUND-
RESERVE FOR SEWER IMPROVEMENTS OF THE
BOROUGH FOR THE COST THEREFOR"
MARCH25,2004
ORDINANCE #04-16 was introduced and adopted on First Reading
ORDINAN(~ #04-16 and the Clerk authorized and directed to advertise same for Public
AMENDING
CHAPTER160 Hearing to be held on April 22, 2004, upon MMS&C, by
RE: pUBLICATION Councilmembers Rios and Sitarz. Upon individual roll call vote,
Councilmembers Krum, Padsi, Rios and Sitarz voted in the
affirmative. Councilmembers Naples and Sosnowski were noted
absent.
ORDINANCE #04-16
"AN ORDINANCE AMENDING CHAPTER 160 OF THE
CODE OF THE BOROUGH OF CARTERET"
ORDINANCE #04-10 The Clerk stated Ordinance #04-10 was introduced and passed upon
BOND ORDINANCE First Reading at a Regular Meeting of the Borough Council held on
FOR CAPITAL March 11, 2004. It was duly published in the Home News Tribune on
IMPROVEMENTS March 16, 2004 with notice that it will be considered for final passage
after Public Hearing to be held on March 25, 2004 at approximately
7:00 P.M. The Ordinance was posted on the bulletin board and copies
were available to general public and according to law, she read the
Ordinance by title.
PUBLIC HEARING Upon MMS&C, by Councilmembers Rios and Sitarz and unanimous
affirmative vote of the four (4) Councilmembers present, the Mayor
declared the Public Hearing to be open:
HEARING CLOSED There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Sitarz and unanimous affirmative vote of
the four (4) Councilmembers present.
BOND ORDINANCE Upon MMS&C, by Councilmembers Rios and Sitarz
# 04-10 IN FULL
ORDINANCE #04-10
"BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL
IMPROVEMENTS OF THE BOROUGH OF CARTERET, 1N THE
COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRIATING
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MARCH25,2004
THE AGGREGATE AMOUNT OF $3,000,000.00 THEREFOR AND
AUTHORIZING THE ISSUANCE OF $2,850,000.00 BONDS OR
NOTES OF THE BOROUGH TO FINANCE PART OF THE COST
THEREOF"
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE
# 04-10 BOND
BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, ORDINANCE
NEW JERSEY (not less than two-thirds of all members thereof CONTINUED
affirmatively concurring) AS FOLLOWS: IN FULL
Section 1. The several improvements described in Section 3 of this
bond ordinance are hereby respectively authorized to be undertaken by
the Borough of Carteret, New Jersey as general improvements. For
the several improvements or purposes described in Section 3, there are
hereby appropriated the respective sums of money therein stated as the
appropriation made for each improvement or purpose, such sums
amounting in the aggregate to $3,000,000, including the aggregate sum
of $150,000 as the several down payments for the improvements or
purposes required by the Local Bond Law. The down payments have
been made available by virtue of provision for down payment or for
capital improvement purposes in one or more previously adopted
budgets.
Section 2. In order to finance the cost of the several improvements
or purposes not covered by application of the several down payments,
negotiable bonds are hereby authorized to be issued in the principal
amount of $2,850,000 pursuant to the Local Bond Law. In
anticipation of the issuance of the bonds, negotiable bond anticipation
notes are hereby authorized to be issued pursuant to and within the
limitations prescribed by the Local Bond Law.
Section 3. The several improvements hereby authorized and the
several purposes for which the bonds are to be issued, the estimated
cost of each improvement and the appropriation therefore, the
estimated maximum amount of bonds or notes to be issued for each
improvement and the period of usefulness of each improvement are as
follows:
Estimated
Maximum Amoun
Appropriation of Bonds or
and Estimated Notes Period of
Purpose Cost Usefulness
a) Various Roadway Improvements
in the Borough as identified on a list
>n file with the Borough Engineer,
including all work and materials
aecessary therefore or incidental $1,140,000
:hereto. $1,200,000 10 years
b) Waterfront Park Phase II Project,
including all work and materials
necessary therefore and incidental
thereto. ? 300,000 285,000 40 year~,
MARCI-I25,2004
Estimated
Maximum Amount
Appropriation of Bonds or
and Estimated Notes Period of
Purpose Cost Usefulnes
# 04-10 BOND c) Construction of a new Municipal
ORDINANCE Garage Building and Borough Hall
CONTINUED renovations, including all work and
IN FULL materials necessary therefore and
incidentalthereto. $1,000,000 I$ 950,000 15 years
Id) Acquisition of certain parcels of
3orough Waterfront property,
;nfiluding a portion of Block 4, Lot
4000 IndustTial Avenue) and all of
~lock 4, Lot 4 (Middlesex Avenue) ~ 500,000 ~ 475,000 40 years
TOTALS ~,000.000
The excess of the appropriation made for each of the im ~rovements or
purposes aforesaid over the estimated maximum amount of bonds or
notes to be issued therefore, as above stated, is the amount of the down
payment for each purpose.
Section4. All bond anticipation notes issued hereunder shall
mature at such times as may be determined by the chief financial
officer; provided that no note shall mature later than one year from its
date. The notes shall bear interest at such rate or rates and be in such
form as may be determined by the chief financial officer. The chief
financial officer shall determine all matters in connection with notes
issued pursuant to this ordinance, and the chief financial officer's
signature upon the notes shall be conclusive evidence as to all such
determinations. All notes issued hereunder may be renewed from time
to time subject to the provisions of the Local Bond Law. The chief
financial officer is hereby authorized to sell part or all of the notes
from time to time at public or private sale and to deliver them to the
purchasers thereof upon receipt of payment of the purchase price plus
accrued interest from their dates to the date of delivery thereof. The
chief financial officer is directed to report in writing to the governing
body at the meeting next succeeding the date when any sale or delivery
of the notes pursuant to this ordinance is made. Such report must
include the amount, the description, the interest rate and the maturity
schedule of the notes sold, the price obtained and the name of the
purchaser.
Section 5. The capital budget of the Borough of Carteret is hereby
amended to conform with the provisions of this ordinance to the extent
of any inconsistency herewith. The resolution in the form
promulgated by the Local Finance Board showing full detail of the
amended capital budget and capital program as approved by the
Director of the Division of Local Government Services is on file with
the Clerk and is available there for public inspection.
Section 6. The following additional matters are hereby
determined, declared, recited and stated:
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MARCH 25, 2004
(a)The purposes described in Section 3 of this bond ordinance are not # 04-10 BOND
current expenses. They are all improvements that the Borough may ORDINANCE
lawfully undertake as general improvements, and no part of the costs CONTINUED
thereof has been or shall be specially assessed on property specially INFULL
benefited thereby.
(b)The average period of usefulness, computed on the basis of the
respective amounts of obligations authorized for each purpose and the
reasonable life thereof within the limitations of the Local Bond Law, is
19.66 years.
(c)The Supplemental Debt Statement required by the Local Bond Law
has been duly prepared and filed in the office of the Clerk, and a
complete executed duplicate thereof has been filed in the office of the
Director of the Division of Local Government Services in the
Department of Community Affairs of the State of New Jersey. Such
statement shows that the gross debt of the Borough as defined in the
Local Bond Law is increased by the authorization of the bonds and
notes provided in this bond ordinance by $2,850,000, and the
obligations authorized herein will be within all debt limitations
prescribed by that Law.
(d)An aggregate amount not exceeding $600,000 for items of expense
listed in and permitted under N.J.S.A. 40A:2-20 is included in the
estimated costs indicated herein for the purposes or improvements.
Section 7. Any grant moneys received for the purposes described
in Section 3 hereof shall be applied either to direct payment of the cost
of the improvements or to payment of the obligations issued pursuant
to this ordinance. The amount of obligations authorized but not issued
hereunder shall be reduced to the extent that such funds are so used.
Section 8. The chief financial officer of the Borough is hereby
authorized to prepare and to update from time to time as necessary a
financial disclosure document to be distributed in connection with the
sale of obligations of the Borough and to execute such disclosure
document on behalf of the Borough. The chief financial officer is
further authorized to enter into the appropriate undertaking to provide
secondary market disclosure on behalf of the Borough pursuant to
Rule 15c2-12 of the Securities and Exchange Commission (the
"Rule") for the benefit of holders and beneficial owners of obligations
of the Borough and to amend such undertaking from time to time in
connection with any change in law, or interpretation thereof, provided
such undertaking is and continues to be, in the opinion of a nationally
recognized bond counsel, consistent with the requirements of the Rule.
In the event that the Borough fails to comply with its undertaking, the
Borough shall not be liable for any monetary damages, and the remedy
shall be limited to specific performance of the undertaking.
Section 9. The full faith and credit of the Borough are hereby
pledged to the punctual payment of the principal of and the interest on
the obligations authorized by this bond ordinance. The obligations
shall be direct, unlimited obligations of the Borough, and the Borough
shall be obligated to levy ad valorem taxes upon all the taxable real
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MARCH25,2004
property within the Borough for the payment of the obligations and the
interest thereon without limitation of rate or amount.
Section 10. This bond ordinance shall take effect 20 days after the
first publication thereof after final adoption, as provided by the Local
Bond Law.
ADOPTED was finally adopted. Upon individual roll vote, Councilmembers
Krum, Parisi, Rios and Sitarz voted in the affirmative.
Councilmembers Naples and Sosnowski were noted absent.
Approved and Adopted: March 25, 2004
Introduced: March 11, 2004
Advertised as Adopted on First Reading
with notice of Public Heating: March 16, 2004
Hearing Held: March 25, 2004
Approved by: Mayor Daniel J. Reiman
Advertised as Finally Adopted: March 30, 2004
ORDINANCE #04-11 The Clerk stated Ordinance #04-11 was introduced and passed upon
AMENDING AND First Reading at a Regular Meeting of the Borough Council held on
SUPPLEMENTING March 11, 2004. It was duly published in the Home News Tribune on
CHAPTER 160 March 16, 2004 with notice that it will be considered for final passage
ARTICLE IX ENTITLED after Public Heating to be held on March 25, 2004 at approximately
CONTINUAL USES 7:00 P.M. The Ordinance was posted on the bulletin board and copies
were made available to the general public and according to law, she
read the Ordinance by title.
PUBLIC HEARING Upon MMS&C, by Councilmembers Sitarz and Rios and unanimous
affirmative vote of the four (4) Councilmembers present, the Mayor
declared the Public Hearing to be open:
HEARING CLOSED There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Sitarz and unanimous affirmative vote of
the four (4) Councilmembers present.
6
MARCH 25, 2004
Upon MMS&C, by Councilmembers Rios and Sitarz
ORDINANCE #04-11
"AN ORDINANCE AMENDING AND SUPPLEMENTING
ARTICLE IX, ENTITLED 'CONDITIONAL USES', OF CHAPTER
160 OF THE CODE OF THE BOROUGH OF CARTERET"
was finally adopted. Upon individual roll call vote, Councilmembers
Krum, Padsi, Rios and Sitarz voted in the affirmative. ADOPTED
Councilmembers Naples and Sosnowski were noted absent.
Approved and Adopted: March 25, 2004
Introduced: March 11, 2004
Advertised as Adopted on First Reading
with notice of Public Hearing: March 16, 2004
Hearing Held: March 25, 2004
Approved by: Mayor Daniel J. Reiman
Advertised as Finally Adopted: March 30, 2004
The Clerk stated Ordinance #04-12 was introduced and passed upon
First Reading at a Regular Meeting of the Borough Council held on ORDINANCE # 04-12
REGULATING THE
March 1 I, 2004. It was duly published in the Home News Tribune on PLACEMENT OF
March 16, 2004 with notice that it will be considered for final passage PROPANE TANKS
after Public Heating to be held on March 25, 2004 at approximately USED TO HEAT
7:00 P.M. The Ordinance was posted on the bulletin board and copies RESIDENTIAL
were made available to the public and according to law, she read the STRUCTURES
Ordinance by title.
Upon MMS&C, by Councilmembers Rios and Sitarz and unanimous PUBLIC HEARING
affirmative vote of the four (4) Councilmembers present, the Mayor
declared the Public Hearing to be open:
Frederick Niemann, Esq. representing Carteret Mobile Home Park said
"Gentlemen, I represent Carteret Mobile Park, and there were some TRANSCRIBER'S
questions that we were asked by the park owner concerning this NOTE: AT THIS TIME
Ordinance and we would ask yourself, Mr. Mayor and/or the Attorney ORDINANCE # 04-12
for the Municipality to help us better understand the Ordinance WAS TRANSCRIBED
VERBATIM PER THE
because they are not sure exactly how we are to apply it. The BOROUGH CLERK'S
governing body is aware of this particular park and perhaps you may INSTRUCTION
not be aware that the owner of the park adopted a policy whereby he
has asked and set requirements for the residents that in the future
depending on certain circumstances they would be asked to convert
from their oil tank heating furnace system to one that is heated by
propane gas and there was a series of events which would cause the
resident to have to make that conversion. Normally the way the notice
read would be if the owner were to sell the unit to a perspective buyer
at that point in time that would trigger a requirement under the notice
to convert the oil tank to a gas furnace system. The second was if
there was a leak in the above ground tank then under that circumstance
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MARCH25,2005
there would be a requirement that the resident remove the above
ORDINAN(~ # 04-12 ground tank and then cause a conversion to a gas system. And third
(Continued) the notice allowed the resident eighteen months fi.om the date of notice
to make the conversion. So this notice which requires that the
residents convert fi.om oil to gas is not something that takes place
immediately but one that at the outset date would be eighteen months
but could be earlier based on those two other circumstances so as not
to impose a hardship. The reason for this has been primarily
motivated by the fact that the owner nor the residents there can get
insurance in case there are oil spills of which there have been
situations and occurrences. And faced with that and because gas heat
is perceived to be more environmentally friendly the decision was
made by the owner to send this notice to the residents. When I had an
opportunity to read the Ordinance I'm not able to determine whether
this Ordinance is applicable or is intended to supersede or to some how
provide to make a different timing mechanism for the residents to
make this conversion because if I do read it correctly I don't see any
where in there where the owner of the park is addressed and there is no
reference in there to any triggering events which would cause the
resident to make the conversation. It reads in part that if the owner or
the renter wish to convert, then they would have thirty six months to
do it and so the question raised in my mind is, well if they wanted to
do it they likely would not wait thirty six months to do that they would
act on it immediately because they made the decision they want to do
the conversation so why wait thirty six months to do something you
have already decided you were going to do. And because the
Ordinance doesn't help us understand whether our notice to the
residents is still in effect we are coming to you to help us better
understand how this Ordinance is intended to apply to the Carteret
Mobile Home Park."
Mayor Reiman said "Sir, before we proceed we did not quite hear in
the beginning, if would you state your name and spell your last name."
Mr. Niemann said "Frederick Niemarm, the firm is Handel and
Niemann, Freehold, New Jersey."
Mayor Reiman said "And you represent?"
Mr. Niemann said "We represent Carteret Mobile Home Park."
Mayor Reiman said "Mr. Bergen are there any legal issues you want to
address with the Ordinance?"
Borough Attorney Bergen said "I think first the provision that we
discussed if the homeowner wanted to it in less than thirty six months I
don't think anything in the Ordinance would prevent them fi.om doing
it in less than thirty six months at all. I am not quite sure the nature of
your notice to the residents you said that your notice to the residents
says that if the owner sells the unit then they are forced to convert at
the time."
Mr. Niemann said "Right."
Borough Attorney Bergen said "To the prospective new owner."
MARCH25,2004
Mr. Niemann said "Yes sir that would be built into, the prospective ORDINANCE # 04-12
buyer would have to be required to be notified of the obligation to (Continued)
convert and then they would negotiate that as part of the sale price."
Attorney Bergen said "And if the parties came to some agreement and
the new owner and the owners decided that they wanted to convert
they would have eve~ fight to convert."
Mr. Niemann said "Yes sir, the sale automatically triggers the
requirement that the conversion take place."
Borough Attorney Bergen said "Then the only other intent of the
Ordinance is the intent of the Borough to regulate which is the only
way we can regulate by tax lot. To limit the number of propane tanks
in one facility, for health and safety reasons. So in terms of that
owner, the only way we can regulate him is by his tax lot. So we are
indicating to that particular owner he can only place one propane tank
on his tax lot for heating purposes. But what we did at that point in
time recognizing that we have some existing situations we wanted to
repair those existing which would become nonconforming uses so we
grandfathered those in. And then if the owners who want to convert
are allowed to convert but the owner of the tax block and lot is really
not entitled to require any thing more than one on his lot."
Mr. Niemann said "So if I were to understand, does the Borough
recognize that there would likely be residents who would have more
than one propane tank functioning at the trailer because right now
there are tanks used for purposes other than heating; cooking, hot
water, so it would be multiple.."
Borough Attorney Bergen said "And that is why this Ordinance is
clearly only regulating those tanks used for heating purposes."
Mr. Niemann said "The other point that I wanted to bring to your
attention and it may have been an over site I am not sure in section one
says no more than one liquefied natural gas tank can be placed on a tax
lot. Now this particular community is.. all the units are situated on
one tax lot. There are not multiple lots for each unit. So we can never
be in compliance because there are two hundred and seventeen units
on this one lot and was never a subject ora subdivision. So that might
have been just, I'm sure one of those things you wouldn't necessarily
consider when doing that, but that would be an application problem
down the road. I would think."
Mayor Reiman said "Sir what is the intent in forcing the mobile
homeowners to switch to propane?"
Mr. Niemann said "What is the reason for it? I do have the owner here
who I think would probably rather.. I don't want to misstate anything
exaggerate it or detract from that."
Robert Dolan Carteret Mobile Park owner said "Mayor and Council, to
answer that question..."
Councilmember Sitarz said "State your name please."
9
MARCI-125, 2004
Robert Dolan said "My name is Robert Dolan, I am the general
ORDINANCE #04-12 manager of the Carteret Mobile Park. The situation within Carteret
(Continued) Mobile Park as well as other mobile home parks throughout the state
of New Jersey is that the problem exists between the relationship
where there is a property owner and there is a tenant who occupies that
particular space. The problem that exists is an environmental hazard,
an oil leak. The concern of the owners of Carteret Mobile Park who
started this community in 1954 and were all residents of Carteret; the
concern is that we can not get any insurance coverage to cover an oil
leak. Our insurance commercial property coverage excludes pollution;
probably ninety nine percent of homeowners' policies as well as
commercial policies exclude pollution. No different than insurance
companies are now considering excluding terrorism. So you have a
situation where we have a risk, we have a fifty five gallon dram which
could leak oil it could be leaking oil right now over time. And if that
penetrates the soil we are required by DEP to follow certain standards.
We have experienced three oil spills already, the first spill cost us four
thousand dollars, and that was about twelve years ago. The second
spill was in excess of ten thousand dollars and the third spill we are in
the middle of right now we don't know what the cost is. The problem
lies in that the resident, the tenant, who has a homeowner's policy, if
they have a homeowners' insurance policy excludes pollution
coverage also. So that if that tank leaks and we are forced by the DEP
to come in and clean up the contamination that has been caused by a
tenant that expense ultimately would be passed on to that individual
tenant, they would be held responsible for that clean up. The problem
exists that if residents are thinking that the cost of this is expensive
they don't understand the cost of cleaning up a contamination."
Mayor Reiman said "But under the law if they contaminate your
property you have civil action you can take against them forcing all of
the tenants, at the cost that we are looking at, forcing all the tenants to
upgrade does not necessarily solve the problem. You had an oil leak
of a fifty five gallon drum on the side of Blair Road when it was hit by
a tractor trailer."
Mr. Dolan said "An automobile."
Mayor Reiman said "An automobile, if that was propane tank instead
of a fifty five gallon drum, that entire mobile park would be gone
today."
Mr. Dolan said "Let me just say that that accident that did occur, there
was a propane tank right next to that oil tank, that propane tank was
hit. I have spoken to the propane companies, there are many safety
features built into these tanks number one. I don't want to get into the
whole safety issue I am not an expert concerning propane. Those
tanks have since been relocated to the opposite side of those homes on
the oncoming traffic. We have every intention and we already have a
bid of installing guardrail along Blair Road to prevent any type of
harm; whether it is physical harm to a resident. My concern is that if
this occurs again, we don't want anyone to be hurt. The owners of this
community shop at Shop-Rite and run into people that live there that
they have known for thirty years. In speaking to them they want to
move ahead and put a guardrail in. That type of risk that occurred, that
accident, was an accident that we had no idea was ever going to occur.
Unfortunately that individual was drank unfortunately that individual
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MARCH25,2004
was traveling at a high speed. That may happen again and that is the ORDINANCE # 04-12
reason we are putting up a guardrail. So the concern about an (Continued)
explosion because of that we are reducing that risk. Secondly that
community has been there for fifty years and there has never been any
problem, any explosion with a propane tank."
Councilmember Sitarz said "Excuse me, if I am wrong. I hate to
interrupt you but I don't want to lose my train of thought. It is my
understanding that the oil deliverer that comes to that place is
responsible for the clean up not you."
Mr. Dolan said "That's... my experience.."
Councilmember Sitarz said "Hear me out, I had a sister that was in
business she flipped over on Blair Road, it was her responsibility to
clean up, not the gas station, not the property owner it was her's. So if
you get a delivery and they have a spill it is the oil deliverer's
responsibility, he's got insurance for that."
Mr. Dolan said "That is the question that I would give an alternative
response based on my experience."
Mayor Reiman said "Mr. Dolan, how many fifty five gallon drums are
currently on site?"
Mr. Dolan said "Right now there are approximately a hundred and
thirty fifty five gallon drums on the site."
Mayor Reiman said "And how many are leaking that you are aware
OI?"
Mr. Dolan said "I would have to guess at this point in excess of
twenty."
Mayor Reiman said "And you have addressed those mobile
homeowners to correct the situation?"
Mr. Dolan said "We have completed inspection of every tank we have
noted those tanks that are resting, those tanks that are showing
weeping and those tanks that are showing a discoloration of the ground
underneath. Basically the ground tums black."
Mayor Reiman said "Wouldn't it be easier simply to require the
homeowner who has a leaky tank to replace that leaky tank?"
Mr. Dolan said "Unfortunately the fifty five gallon drum that they use
can no longer be used. If that tank has to be replaced the Building
Department has notified us that they can not replace that with another
fifty five gallon drum. The problem then runs into a situation where
they then have go out and get a UL outdoor listed tank. Those tanks
are double steel they are two hundred and ninety gallons they are
probably the size of this table. The cost of the installation of those is
probably anywhere from eight hundred to a thousand dollars. A
concrete slab has to be installed the tank has to be purchased, two
hundred ninety gallons ofoil has to be purchased permits have to be..
So you are looking at a cost of eight hundred to a thousand. However
the problem is there is no room, when this community was developed
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MARCH25,2004
years ago the homes were put in and the fifty five gallon drum was
ORDINANCE # 04-12 placed at the back; there is a propane tank for their cooking. There is
(Continuation) no room to bring in these large tanks mainly because in the back of
each of these homes we have water mains and sewer mains. So you
are now talking about putting a huge tank on top of our utilities so that
if for some reason we have to do any type of repair work we now have
to try and move two hundred ninety gallons of oil into a storage tank,
move the tank and it becomes a huge burden. In the situation with a
propane cylinder that would be placed in the same location the
propane company can come with a dolly lift it up and move that tank
in a matter of probably half an hour forty five minutes to an hour. So
there are a lot of issues. I have been in this business for twenty years, I
have been involved in conversations in other communities and when
you lay out the facts and you look at the whole picture and you try to
get out of your mind the old landlord is trying to do unto the tenant.
You have to look at the whole picture because you are dealing with a
cost no matter what. There is the potential cost of that tenant having to
bear the expense of cleaning up the spill. I don't agree that it is the oil
company's responsibility. Number two you could have a situation
where there is some body who goes out with their ten gallon can goes
over to the gas station gets kerosene and fills that tank themselves.
There is no oil deliveryman. So that potentially exists."
Councilmember Sitarz said "Majority of them have a deliveryman."
Mr. Dolan said "There are people that do fill them from.., and you
are also asking for a 'what if' who is legally responsible for the clean
up. I know that that property owner is responsible for the clean up
because the law says that."
Mayor Reiman said "But you can take civil action against the
responsible party."
Mr. Dolan said "We could take civil action against the responsible
party we've done that before in South Jersey in another community
we've had. And unfortunately in those situations the person becomes
homeless. They either have to declare bankruptcy because they can
not afford the cost. We wipe out their entire savings to clean up the
contamination and to avoid all that and to avoid the 'what ifs' and
thinking about I could have a spill we feel that it is much prudent to
institute a program where we over time remove these tanks under
those three circumstances; put in a safer form of heating fuel that is not
going to cause a hardship to the resident, to the property owner to the
environment. My concern is that if that oil penetrates the soil deep
enough it will go into the groundwater and across the street where the
bank is there is a stream. Across the street over Tower Trailer Park
you have the river if you head up towards the other end of the park
there is a creek that runs through there."
Borough Attorney Bergen said "But not to interrupt you Mr. Dolan
one of the concerns of the Borough is to have a massive number of
propane tanks in an area that may be unregulated and subject to a
serious potential damage to the entire Borough. And this Ordinance is
intended to give the Borough some time in which to evaluate how to
address that situation but at the same time allow for homeowners that
want to convert during this period of time to do so over a reasonable
period of time and to work out some arrangement with you. But the
12
MARCH25,2004
Borough again is trying to give itself a window to try and evaluate ORDINANCE #04-12
what the ultimate safety is with the regard to the installations and that (Continuation)
is really what this Council can address. They don't want to get into
disputes between you and your residents but we want to make sure that
before too long we don't have two hundred and twenty massive
propane tanks on one tax lot."
Mr. Dolan said "You already have a massive amount of propane tanks
on that property."
Borough Attorney Bergen said "Right and we have to deal with it but
this is just making sure that we don't have another..."
Mr. Dolan said "So this is just putting a Band-Aid on a massive
amount."
Borough Attomey Bergen said "Mr. Dolan let me finish and maybe it
is but if you are telling us another hundred and twenty tanks. This
Borough Council wants to make sure there is not a hundred and twenty
tanks there or more within the next three or four months until they got
a chance to evaluate."
Mr. Niemann said "Could I just ask one question I don't mean
(inaudible) you Mr. Bergen, Mr. Mayor so then is it a thirty six month
holding period from the date of adoption because the way I read it
seemed as if the thirty six months started when the homeowner
decided that they wanted to make the conversion which means that
thirty six months could theologically not start for ten years. That was
the question the way it is worded fight now I don't know whether if
the intent is to have the thirty six months start on date of adoption, fine
now we know what the window is."
Mayor Reiman said "Section two says for a period of up to thirty six
months following the passage of this Ordinance. So it is going to be
potentially voted on tonight if it is passed it is my intent to sign the
Ordinance to make it law tomorrow."
Mr. Niemann said "And then is it the intent of the Ordinance then to
have basically postpone that eighteen months? Is it intended to negate
the other features of that notice that we sent? It is really basically
intended to negate the notice by the owner to the residents..."
Mayor Reiman said '2 don't have a copy of the notice you sent out."
Mr. Niemann said "Okay, I am sorry I was just (inaudible) those three
things but basically you are saying an owner would have thirty six
months before they would; if they wanted to make a conversion and if
they don't want to they don't have to."
Mayor Reiman said "That is correct."
Mr. Niemann said "Okay, I just needed to..."
Mr. Dolan said "The other two issues of the notice and the residents
can also testify to this are upon resale and upon a tank that is leaking.
So I don't know if the Council is dealing with the issue of that happens
13
MARCH25,2004
if tomorrow morning we have a leaking tank and that tank has to be
ORDINANCE # 04-12 ,,
(Continued) closed off; does that resident have the right...
Mayor Reiman said "If you have a leaking tank you are in DEP
violation and you have to correct that action so that is between you and
the homeowner who has a leaky tank. But to address all of the units
when only twenty of them potentially have a leaky tank doesn't make
sense to us."
Mr. Dolan said "Does the resident at that point have to follow our
notice and convert?"
Mayor Reiman said "The leaky tank is a violation of the DEP so you
couldn't have that so you would have to corrective action. Thank you
gentlemen we are still open to the public on //04-12 are there any
comments? Please state your name spell your last name for the
record."
Donald Rhem, resident said "Number one I feel that the guy that had
the accident that night he has insurance and he is liable for that. How
about you go into your house with this so new propane so called grey
heat, the explosive nature of it if you have a leak you throw a light
switch on you are gone. We used to have two tanks I have propane
stove and I have two tanks in the front of my trailer. Now everybody
has a great big tank in the back of their bedrooms. So if some kind of
a calamity does happen you are talking about a great big explosive
field. Also why should anyone have to change their heating system
because somebody hit an oil tank in the middle of the night drunk, it
just doesn't make any sense at all to me; so I'll leave it with that. I
have also talked to Mr. Sitarz he is a fireman he knows the explosive
nature of this. Everybody right now with the cooking apparatus and a
few people that have turned over to propane have a hundred pound
bomb behind their bedrooms. The bedrooms are in the back of the
mobile homes so I will just give you that."
Mayor Reiman said "We certainly appreciate and understand your
concems. Thank you sir; is there anyone else that would like to
address..."
Eric DeGesero, Executive Vice President Fuel Merchants Association
of New Jersey said "Mr. Mayor, Council, Eric DeGesero Fuel
Merchants Association of New Jersey we are a statewide trade
association representing gasoline distributors and home heating oil
dealers in the state. There are a couple of points that Mr. Dolan raised
that I would like to rebut but not necessarily rebut in a confrontational
way because ! actually agree with some of the things that Mr. Dolan
said. First of all to the issue that there is no pollution coverage in his
policy that is absolutely correct; in most commercial general liability
policies there is an out right pollution exclusion. There is most
certainly the opportunity to buy back an endorsement and
endorsements are readily available if he were to make a business
decision to do that and that is a business decision that Mr. Dolan can
make. He also made comment about the nature of the drums that are
there and the fifty five gallon drums that if they were to be replaced
they couldn't be. Absolutely correct they could not be they are not UL
approved however he made reference to the fact that they need to be
replaced with a two hundred and ninety gallon tank that is not
14
MARCH25,2004
accurate. There are tanks out there today Roth is the specific
manufacturer of these tanks. They are actually tanks within tanks they ORDINANCE # 04-12
are double contained tanks they do make tanks as small as one hundred (Continued)
and sixty five gallons so they are not going to be dimensionally the
size Mr. Dolan described and actually they are more square than the
traditional two hundred and seventy five gallon tank that many of us
are familiar with. These tanks carry with them a ten year one million
dollar environmental liability policy. So if something were to happen,
as a result if there were a discharge that would result fi.om the
manufacturer of the tank there is a one million dollar policy that comes
with it for ten years. I have spoken to one of my members that serves
a number of the homes in the community in discussion this evening
and he is indicated to me that he would be willing to enter into an
arrangement with some of the homeowners to work at replacing fifty
five gallon drums which I would readily conceive do need to be
replaced because they do not meet an Under Writer Laboratmy
standard. The cost for doing that would be in the ball park of seven
hundred dollars to replace the tank there would also be an issue
concerning disposal of the drum and we would need to get some body
licensed and manifested to be able to do that so you would be looking
at another one hundred to two hundred dollars there. But with regards
to the replacement of the tank this one member, Skylands Energy they
have an outfit in Rahway, represented to myself today that for sixteen
dollars and fifty cents a month over a period of forty eight months
additional to the fuel charge. They would be able to enter into an
agreement a contractual arrangement the individual would obligate
themselves to purchase fuel from them and they would be offered the
ability to finance that so they would be getting a safer, more upgraded
tank. It would certainly be on, as Mr. Dolan mentioned, concrete you
can actually buy prefabricated lentils the condensing units on the air
conditioner at my house are on these so you don't have the expense of
having to bring in and pour forms and things of that sort. With regards
to the tanks again they are two tanks they are a tank within a tank and
they do come with a ten year guarantee and a one million dollar policy.
There is also the issue with regards to the cost. You are looking at the
costs even what I am advocating there is a cost to the residents of the
community but it is going to be exponentially less than the cost of
having to change out the whole heating system."
Mayor Reiman said "It is certainly a far cry fi.om four or five thousand
dollars."
Mr. DeGesero said "Yes, additionally the cost of propane; kerosene
has about a hundred thirty two thousand British Thermo Units or
BTU's per gallon. Propane has about ninety one thousand so you have
to use a gallon and a third I am not that good at math. You are going
to have to use more than a gallon of propane to get the same heat
output as a gallon of kerosene. And propane is generally; especially if
you are buying propane in a hundred pound cylinders at a time is
generally going to more expensive per gallon to begin with so you are
going to pay more per gallon and needing to use more gallons in
addition to the additional the cost to convert the heating equipment.
There is also a concern as far as safety and I think the gentlemen just
prior addressed that, propane has a nature to pool it is a heavy gas so it
will sit at the ground level and not dissipate as quickly as other types
of gas as well. So I just wanted to be able to offer some information
15
MARCH 25, 2004
this evening and potentially help you in your deliberations and thank
you Mr. Mayor and members of the Council."
ORDINANCE # 04-12 Mayor Reiman said "Thank you. Is there anyone else who would like
(Continued) to address the Council?"
Linda Rauh said "Mine is more of a question to clarify, so if this goes
into law and passes tonight then we would have thirty six months that
we would have to vacate?"
Mayor Reiman said "If you decided to switch you have thirty six
months."
Ms. Rauh said "If you don't want to switch?"
Mayor Reiman said "You don't have to."
James Geoghegan said "Your honor, Council this past March there
were five explosions up in New York, they were not hit by any vehicle
or anything else it was propane. The explosion marked the fourth
propane blast in Waego County and the fifth in Central New York in
less than three weeks. Not many people have their house explode and
walk away from it. Propane is dangerous mobile homes here are too
close together. One incident will cause a chain reaction before it
happens here, let's stop the conversation. If you have any conscience
let your conscience be your guide; thank you."
Bob Benhardt said "I guess we represent the other trailer park that isn't
making anybody convert but it does affect us somewhat. First of all I
think it takes away the right of the consumer especially in this day
with all the advertisements the competing advertisements between oil
and gas you hear it on the radio all the time. So if this Council takes
that they are going to take away the choice of everybody in this town
they are going to have to use oil. That is one point you are taking
away the choice some of the things that were mentioned about the
insurance. The insurance deliverers are insured while they are
delivering the fuel once they leave that premises they are no longer
bound by their insurance to cover any spill or any environmental
hazard. So that insurance would not cover the tenant. The light
switch, I just heard, light bulbs are in a vacuum they do not cause
explosions."
Mr. Geoghegan said "No they are not; not the switch you can see the
spark when you throw the switch on don't tell me that."
Mr. Benhardt said "But also that would happen with natural gas..."
Mayor Reiman said "Gentlemen, you are addressing the Council not
the audience."
Mr. Geoghegan and Mr. Benhardt at the same time said "Sorry."
Mr. Benhardt said "Also the same respect would be to natural gas.
Anybody who has natural gas would be in the same situation as
someone with propane gas it is not much difference. If you feel you
have to regulate the amount of propane tanks in the town there are an
awful lot of twenty, thirty thousand gallon pound propane truckers and
16
MARCH25,2004
tracks going through this town all the time. Which are moving and a
lot more able to be in an accident and maybe that should be addressed
too; is it fair that they can come through and cause all this hazard? ORDINANCE #04-12
Like Mr. Dolan we have been in the business, we have been here in (Continued)
Carteret my wife's grandmother started the park seventy years ago and
we have never had a problem with propane. We give the tenants a
choice but we would not like you to take that choice away from us.
Oil spill costs, not only does the oil spill cost affect the tenant who
spills the oil, but if you are on a little bit of an incline and you have a
two hundred gallon fuel tank it's going to run to your neighbor, if it is
raining it is going to run to the next neighbor. Now according to the
DEP all these homes have to be removed, the ground has to be
excavated and you just can't put that home back there."
Mayor Reiman said "How many homeowners on your park have a two
hundred gallon oil tank?"
Mr. Benhardt said "I don't have a count but there are about fifty six
propane oil..."
Mayor Reiman said "Fifty five gallon oil or two hundred gallon oil?"
Mr. Benhardt said "No, we have the proper skid tanks two hundred
and ninety gallons. That's what we are required that was the only ones
that we known that were approved or we have the propane so we have
both. The cost of the spill is not just the one tank now if that tenant
doesn't have his insurance what about the neighbor who has to lose his
home now. The woman who is sixty five years old living on an
income and that home has to come off, that ground has to be aster
bated three hundred dollars to get rid of a fifty five gallon dram of
contaminated dirt these people can not have that. Their home would
not be able to be put back on that property because it wouldn't meet
today's code any home older than 1996 you'd never get a permit for it
you'd never get engineering for it. And they would lose their home.
So that is one of the things I have to say. Maintaining the tanks when
a tenant has a fuel tank they are responsible for the tank they have to
sand it down make sure it is not rusted make sure there is no leak.
That always doesn't happen. People get lazy like everybody else they
don't paint the garage when it needs it they don't paint their tanks and
there is a leak. Propane tanks are owned by the propane dealers and
they are governed and those tanks are always kept to tiptop shape. And
it is not the responsibility and if a tenant doesn't own the tank they
don't need to insure the tank and they don't need wony about a leak
and the cost it would cost them. I am really not sure about the
Ordinance does the Ordinance say there; if this thirty six months goes;
is there not going to be any more propane tanks allowed in the parks or
is there a certain size?"
Mayor Reiman said "It allows basically for anybody that wants to
convert to convert within the next thirty six months afterwards
anybody can apply but they would need a variance to convert."
Mr. Benhardt said "They would need a variance so if they didn't have
a variance they wouldn't have a choice on their fuel is more or less
what?"
Mayor Reiman said "We are giving them a choice now."
17
MARCH 25, 2004
Mr. Benhardt said "But not in the future."
ORDINANCE # 04-12 Mayor Reiman said "No, they would still get a choice in the future."
(Continual)
Mr. Benhardt said "They would have a choice in the future with a
variance."
Mayor Reiman said "Absolutely, with a variance."
Councilmember Rios said "May I ask you a question sir? You say that
the propane companies are responsible for the..."
Mr. Bernhardt said "They own the tanks."
Councilmember Rios said "They own the tanks how often do they
inspect them?"
Mr. Benhardt said "I imagine every time they fill them, they are
responsible for them..."
(Inaudible) at this time several people from the audience were loudly
speaking at the same time.
Mr. Benhardt said "I don't know but the dealers I deal with I don't
have any tanks with any rust on them. If I have any problem they
come out immediately."
Councilmember Rios said "My question to you is then how different
or what differentiates a visual inspection verses a pressure inspection
or testing?"
Mr. Benhardt said "Pressure testing is done when they are put in. How
often are they pressure tested I guess they are pressure tested
constantly because they are under pressure constantly."
Councilmember Sitarz said "They have to be taken out of service to
be pressure tested."
Mr. Benhardt said "But they are under pressure constantly."
Councilmember Sitarz said "Yes they are under pressure but they have
to be taken..."
Mr. Benhardt said "If there is a leak it has to be pretty well known and
very..."
(inaudible two people speaking at once).
Councilmember Sitarz said "They have to clean it out then they have
to pressure test it."
Mr. Benhardt said "Again we have never had a problem with any
tank."
Councilmember Sitarz said "I know; that is just what I am just
saying."
18
MARCH25,2004
Mr. Benhardt said "Well at first I thought it was going to be there
would be no small tanks allowed in but I guess there will be no new
tanks allowed in. So if we have any new homes we upgrade the homes
after thirty six months we will only be able to purchase homes that ORDINANCE #04-12
have oil heat we wouldn't be able to purchase homes...?" (Continued)
Mayor Reiman said "... only new homes are allowed right Bob?"
Borough Attorney Bergen said "You would be the owner of the home
at that point in time."
Mr. Benhardt said "Usually the parks put the home in, they put it up
for sale and someone comes in to purchase it..."
Borough Attorney Bergen said "All before it is sold right?"
Mr. Benhardt said "But after the thirty six months we would still be
allowed to put in propane?"
Borough Attorney Bergen said "With a variance yes."
Mr. Benhardt said "You have to get a variance well for every home
you need a variance..."
Borough Attorney Bergen said "And the Council may reevaluate this
Ordinance over time that is precisely the point. There is a committee
taking a look into this town and the safety issues that are generated
over the next thirty six months before the town; just without any
question allows several hundred more of these propane tanks to be
placed on single individual tax lots. They want to evaluate it and we
think this Ordinance is designed to make sure that process moves
slowly and deliberatively so that this Council can evaluate it at the
same time not depriving homeowners of the right to make some
choices that you are talking about."
Mr. Benhardt said "Okay then I guess that is all I have to say."
Mayor Reiman said "Thank you. Is there anyone else who would like
to address the Council on Ordinance #04-127 Please stand up, state
your name."
Estelle Simms said "I am in the trailer park for nineteen years. Not by
choice though. But I had a propane tank a couple of years ago, it was
on a Sunday, and the propane tank was leaking, the 'sss' noise like
that. It was actually coming out you could see it come out. I called
Suburban and the girl told me she was trying to reach the maintenance
man she couldn't get him. I called back again a half hour later she still
couldn't get him. She said well it would take about an hour before we
can get him. I called the Fire Department and the Fire Department told
me; I said it is not an emergency; but I told them what was happening.
He said don't go by that tank with a match or a tool we will be there
right away. By the time I walked from the back of my tank to the front
of my trailer already they were at my house. And they took care of the
tank but I could not get Suburban to do it. Another thing there are
people in our park that do not use enough propane so Suburban had
sent them letters and said because you are not using enough propane
19
MARCH25,2004
you are going to have to rent that tank now. So in other words you are
telling us we are going to have to rent the tank and plus pay for the
propane too? And we are willing for the one hundred and fifty five
dollars; excuse me for the one hundred and fifty five pound tank a few
of us are willing to go that way, it is cheaper for us. I know I can
ORDINANCE #04-12 afford for the sixteen fifty but for the propane I can't I spoke to Mr.
(Continued) Dolan about that. But a lot of us would rather go for the big tank.
Now the little tank we have we were told a few years ago to get the
pad underneath. It cost us sixty, sixty five dollars to put that pad under
the tank incase it leaked it would protect you. But with this new tank
heard word of from Skyland today they said that it is a tank inside of a
tank and they guarantee that it will not leak. And if it is that they
would be responsible for it; so I spoke to a few of the tenants and they
are willing to go for that and if Mr. Dolan would approve of that with
us too. I think it is cheaper for us that way rather than going over two
thousand dollars for a new furnace and also for the conversion. Thank
you."
Mayor Reiman said "Would anybody else like to be heard on this
Ordinance."
Donald Rhem said "May I have the courtesy of readdressing the
Council Mr. Mayor?"
Mayor Reiman said "Sure."
Mr. Rhem said "Number one when I first came hear in 1981 there
were some two hundred and fifty gallon tanks in the back. They
decided it was too dangerous and everybody had to switch over to fifty
five gallon drums so that so much fuel wouldn't be there. So now we
are talking about going to a newer tank but a bigger tank. But I would
still rather do that than be in that explosive mode so to speak."
Mayor Reiman said "You can talk you have one minute."
Mr. Benhardt said "Just one thing they are talking about conversion
and conversion costs. They have already established that to replace
the tanks costs it will cost; one man said it would cost (inaudible)
thousand dollars. At least the companies I deal with they will give you
a new furnace a new tank take away your old tank do everything for
like twelve thousand dollars. So now for the price of what you would
have paid for a tank you get a furnace to boot. Because they are going
to get your bonus so if you want to know who to call ask me outside."
Mayor Reiman said "If in fact that is the case it will be the
homeowner's opportunity to do that and their decision to make. Is
there a motion to close?"
Councilmember Sitarz said "So moved."
Councilmember Rios said "Second."
Mayor Reiman said "All in favor."
All at once the Councilmcnnbers said "Aye."
Mayor Reiman said "Is there a motion on this Ordinance?"
20
MARCH25,2004
Councilmember Rios said "Motion to adopt."
Councilmember Sitarz said "Second."
Mayor Reiman said "Poll the Council." ORDINANCE # 04-12
(Continued)
Municipal Clerk Barney called the roll and the following
Councilmembers voted yes: Krum, Parisi, Rios, Sitartz.
Mayor Reiman said "Ordinance #04-12 passes. For those homeowners
that would like to switch, you will have thirty six months to switch to
propane. If you do not want to switch, you do not have to switch."
There being no further comments or objections to the Ordinance, the HEARING CLOSED
Mayor declared the Public Heating to be closed, upon MMS&C, by
Councilmembers Sitarz and Rios and unanimous affirmative vote of
the four (4) Councilmembers present.
Upon MMS&C, by Councilmembers Rios and Sitarz
ORDINANCE #04-12
"AN ORDINANCE REGULATING THE PLACEMENT
OF LIQUIFIED NATURAL GAS (PROPANE) TANKS
USED TO HEAT RESIDENTIAL STRUCTURES
IN THE BOROUGH OF CARTERET"
was finally adopted. Upon individual roll call vote, Councilmembers ADOPTED
Krum, Parisi, Rios and Sitarz voted in the affirmative.
Councilmembers Naples and Sosnowski were noted absent.
Approved and Adopted: March 25, 2004
Introduced: March 11, 2004
Advertised as Adopted on First Reading
with notice of Public Hearing: March 16, 2004
Heating Held: March 25, 2004
Approved by: Mayor Daniel J. Reiman
Advertised as Finally Adopted: March 30, 2004
At this time Mayor Reiman suggested the Council take a three minute
recess.
Upon unanimous affirmative vote of the four (4) Councilmembers RECESS
present, the meeting was in recess at approximately 7:50 P.M.
21
MARCIA25,2004
MEETING At approximately 7:53 P.M. the meeting was reconvened. Upon
KECONVENED individual roll call, the following were noted present Councilmembers
Krum, Parisi, Rios and Sitarz voted in the affirmative.
Councilmembers Naples and Sosnowski were noted absent.
The Clerk stated Ordinance #04-13 was introduced and passed upon
ORDINANCE #04-13 First Reading at a Regular Meeting of the Borough Council held on
PROHIBITING
PARKING ANY March 11, 2004. It was duly published in the Home News Tribune on
TIME ON CERTAIN March 16, 2004 with notice that it will be considered for final passage
DESIGNATED after Public Hearing to be held on March 25, 2004 at approximately
STREETS, RE: 7:00 P.M. The Ordinance was posted on the bulletin board and copies
WASHINGTON were made available to the general public and according to law, she
AVENUE read the Ordinance by title.
PUBLIC HEARING Upon MMS&C, by Councilmembers Sitarz and Rios and unanimous
affirmative vote of the four (4) Councilmembers present, the Mayor
declared the Public Heating to be open:
There being no comments or objections to the Ordinance, the Mayor
HEARING CLOSED
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Krum and unanimous affirmative vote of
the four (4) Councilmcmbers present.
Upon MMS&C, by Councilmembers Rios and Sitarz
ORDiNANCE #04-13
"AN ORDINANCE PROHIBITING PARKING ANY TIME ON
CERTAIN DESIGNATED STREET(S) OR SECTIONS THEREOF"
ADOPTED was finally adopted. Upon individual roll call vote, Councilmembers
Krum, Parisi, Rios and Sitarz voted in the affirmative.
Councilmembers Naples and Sosnowski were noted absent.
Approved and Adopted: March 25, 2004
Introduced: March 11, 2004
Advertised as Adopted on First Reading
with notice of Public Hearing: March 16, 2004
Heating Held: March 25, 2004
Approved by: Mayor Daniel J. Reiman
Advertised as Finally Adopted: March 30, 2004
22
MARCH 25, 2004
The Clerk stated Ordinance #04-14 was introduced and passed upon ORDINANCE # 04-14
First Reading at a Regular Meeting of the Borough Council held on PROHIBITING THE
March 11, 2004. It was duly published in the Home News Tribune on PARKING OF
March 16, 2004 with notice that it will be considered for final passage COMMERCIAL
after Public Hearing to be held on March 25, 2004 at approximately VEHICLES IN
7:00 P.M. The Ordinance was posted on the bulletin board and copies RESIDENTIAL ZONES
were made available to the general public and according to law, she
read the Ordinance by title.
Upon MMS&C, by Councilmembers Rios and Sitarz and unanimous PUBLIC HEARING
affirmative vote of the four (4) Councilmembers present, the Mayor
declared the Public Hearing to be open:
Mayor Reiman said "Let it be noted that we are going to carry this COMMENTS
Ordinance and the Public Hearing to the next Council Meeting but you
can certainly make any comments today if you would like."
Joe Gadomski, 25 Edgar Street asked if there were any weight limit
specifications on this Ordinance and spoke about different vehicles
having commercial plates which are not trucks.
Mayor Reiman said the intent is to take some of the heavier trucks off
the street or to stop some of the businesses that are operating from the
homes from taking up four or five parking spaces on the street.
Borough Attorney Bergen said if you had a van that had commercial
plates and nothing else it would be okay under this Ordinance.
Councilmember Sitarz said some people are parking big wreckers in
front of their houses.
There being no further comments or objections to the Ordinance, the HEARING CLOSED
Mayor declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Parisi and unanimous affirmative vote of
the four (4) Councilmembers present.
Upon MMS&C, by Councilmembers Rios and Sitarz
ORDiNANCE #04-14
"AN ORDINANCE PROHIBITiNG THE PARKING OF
COMMERCIAL VEHICLES iN RESIDENTIAL ZONES"
was carried to the next Council Meeting. Upon individual roll call
vote, Councilmembers Krum, Parisi, Rios and Sitarz voted in the ORDINANCE
affirmative. Councilmembers Naples and Sosnowski were noted CARRIED TO
absent. NEXT MEETING
23
MARCH25,2004
A copy of each Resolution was placed on the table for public review
MEETING OPENED prior to the meeting in accordance with the Rules of Council and upon
PUBLIC INPUT ON MMS&C, by Councilmembers Rios and Sitarz and unanimous
ALL RESOLUTIONS affirmative vote of the four (4) Councilmembers present.
Len Scheno spoke about hazardous trees in the neighborhood.
Mayor Reiman said they would send someone out to look at the trees
if he called the Mayor's Office or the Clerk's Office and he explained.
Mr. Scheno spoke about the keep right sign on the island by Aamaco
that he talked to Councilmember Krum about.
Councilmember Krum said it was hit.
There being no further comments or objections to the Resolutions, the
MEETING CLOSED Mayor declared the Public Heating to be closed, upon MMS&C, by
Councilmember Sitarz and Rios and unanimous affirmative vote of the
four (4) Councilmembers present.
CONSENT AGENDA The Borough Clerk asked if any Councilmembers wanted any
Resolutions to be taken off the Consent Agenda and asked for a
motion.
RESOLUTION # 04-114 Councilmember Rios said they would be holding Resolution #04-114,
TABLED Appointing Members to the Human Relations Commission. He said
the Council will be Tabling it until the next Council Meeting.
Mayor Reiman said Resolution #04-109, Approving the Carteret
RESOLUTION # 04-109 Business Parmership Budget (SID) for 2004 would be introduced by
PUBLIC HEARING WILL
BE HELD 4-22-04 title only and the Public Hearing will be held on April 22, 2004.
Upon MMS&C, by Councilmembers Rios and Sitarz and unanimous
affirmative vote of the four (4) Councilmembers present, Resolutions
#04-104 through #04-113 and #04-115 through #04-125 were
approved.
24
MARCH25,2004
RESOLUTION #04-104 was introduced by the Mayor and referred to
the Council for action. RESOLUTION # 04-104
DIRECTING THE
ISSUANCE OF
Upon MMS&C, by Councilmembers Rios and Sitarz VARIOUS RAFFLE
LICENSES
RESOLUTION #04-104
"DIRECTiNG THE ISSUANCE OF
VARIOUS RAFFLE LICENSES"
was adopted. Upon individual roll call vote, Councilmembers Krum, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-105 was introduced by the Mayor and referred to
the Council for action. RESOLUTION # 04-105
APPOINTING
Upon MMS&C, by Councilmembers Rios and Sitarz JOE NOVAKOWSKI-
UEZ BOARD
RESOLUTION #04-105
"APPOINTING MEMBERS TO THE UEZ-ZONE
DEVELOPMENT CORPORATION"
was adopted. Upon individual roll call vote, Councilmembers Krum,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers ADOPTED
Naples and Sosnowski were noted absent.
RESOLUTION #04-106 was introduced by the Mayor and referred to
the Council for action. RESOLUTION # 04-106
AMENDMENT TO
Upon MMS&C, by Councilmembers Rios and Sitarz THE 2004
TEMPORARY
RESOLUTION #04-106 BUDGET
"AUTHORIZING AMENDMENT TO THE
2004 TEMPORARY BUDGET"
was adopted. Upon individual roll call vote, Councilmembers Krum,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers ADOPTED
Naples and Sosnowski were noted absent.
25
MARCH25,2004
RESOLUTION #04-107 was introduced by the Mayor and referred to
RESOLUTION # 04-107
SUPPORTING S-263 & the Council for action.
A-1786 TO CALL A
CONSTITUTIONAL Upon MMS&C, by Councilmembers Rios and Sitarz
CONVENTION
RESOLUTION #04-107
"SUPPORTING S-263 AND A-1786 TO CALL
A CONSTITUTIONAL CONVENTION"
ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION # 04-108 RESOLUTION #04-108 was introduced by the Mayor and referred to
CREATING the Council for action.
HANDICAPPED
PARKING SPACE- Upon MMS&C, by Councilmembers Rios and Sitarz
39 CHROIVI~ AVENUE
RES OLUTION #04-108
"CREATING HANDICAPPED PARKING SPACE
FOR 39 CHROME AVENUE"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION # 04-109 RESOLUTION #04-109 was introduced by the Mayor and referred to
APPROVING the Council for action.
CARTERET BUSINESS
PARTNERSHIP Upon MMS&C, by Councilmernbers Rios and Sitarz
BUDGET FOR 2004
RESOLUTION #04-109
"APPROVING CARTERET BUSINESS IMPROVEMENT
DISTRICT 2004 BUDGET-BUDGET NOTICE"
was carded. Public Hearing will be held on April 22, 2004. Upon
RESOLUTION CARRIED individual roll call vote, Councilmembers Krum, Parisi, Rios and
UNTIL APRIL 22, 2004
Sitarz voted in the affirmative. Councilmembers Naples and
Sosnowski were noted absent.
26
MARCH25,2004
RESOLUTION #04-110 was introduced by the Mayor and referred to RESOLUTION # 04-110
the Council for action. APPROVING LEAVE
OF ABSENCE -
LISANDRO VILLALBA
Upon MMS&C, by Councilmembers Rios and Sitarz
RESOLUTION #04-110
"APPROViNG LEAVE OF ABSENCE
FOR LISANDRO E. VILLALBA"
was adopted. Upon individual roll call vote, Councilmembers Krum, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-111 was introduced by the Mayor and referred to
the Council for action. RESOLUTION # 04-111
APPOINTING JAMES
J. MCFADDEN, JR. &
Upon MMS&C, by Councilmembers Rios and Sitarz BRENDAN RHODES-
FIREFIGHTERS
RESOLUTION #04-111
"CERTIFYiNG JAMES J. MCFADDEN, JR.
AND BRENDAN L. RHODES TO THE POSITION
OF FIREFIGHTER IN THE BOROUGH OF CARTERET"
was adopted. Upon individual roll call vote, Councilmembers Krum, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-112 was introduced by the Mayor and referred to RESOLUTION#04-112
the Council for action. AUTHORIZING A
PROFESSIONAL
Upon MMS&C, by Councilmembers Rios and Sitarz SERVICES
RESOLUTION #04-112 BEAGON PLANNING
& CONSULTING
"AUTHORIZING A PROFESSIONAL SERVICES CONTRACT SERVICES, RE:
ROOSEVELT
WITH BEACON PLANNING AND CONSULTING SERVICES, AVENUE
RE: ROOSEVELT AVENUE INDUSTRIAL AREA" INDUSTRIAL AREA
was adopted. Upon individual roll call vote, Councilmembers Kmm,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers ADOPTED
Naples and Sosnowski were noted absent.
27
MARCH25,2004
RESOLUTION #04-113 was introduced by the Mayor and referred to
RESOLUTION # 04-113 the Council for action.
PROFESSIONAL
PLANNING SERVICES- Upon MMS&C, by Councilmembers Rios and Sitarz
BEACON PLANNING &
CONSULTING RESOLUTION #04-113
SERVICES, RE: MARINA
AND FERRY SERVICES
"AUTHORIZING A PROFESSIONAL PLANNING SERVICES
CONTRACT WITH BEACON PLANNING AND CONSULTING
SERVICES, RE: MARINA AND FERRY SERVICES"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-114 was introduced by the Mayor and referred to
RESOLUTION # 04-114 the Council for action.
APPOINTING
ADVISORY BOARD Upon MMS&C, by Councilmembers Rios and Sitarz
MEMBERS TO HUMAN
RELATIONS RESOLUTION #04-114
COMMISSION
"APPOINTING ADVISORY BOARD MEMBERS TO THE
CARTERET HUMAN RELATIONS COMMISSION"
was tabled. Upon individual roll call vote, Councilmembers Krum,
TABLED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-115 was introduced by the Mayor and referred to
RESOLUTION # 04-115 the Council for action.
APPOINTING THOMAS
j. KAMINSKY
PART-TIME Upon MMS&C, by Councilmembers Rios and Sitarz
CLERK TYPIST RESOLUTION #04-115
"APPOINTING THOMAS J. KAM1NSKY
TEMPORARY PART-TIME CLERK TYPIST"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
28
MARCH25,2004
RESOLUTION #04-116 was introduced by the Mayor and referred to RESOLUTION # 04-116
the Council for action. APPOINTING GR
MURRAY AS RISK
MANAGEMENT
Upon MMS&C, by Councilmembers Rios and Sitarz CONSULTANT
RESOLUTION #04-116
"APPOINTING RISK MANAGEMENT CONSULTANT"
was adopted. Upon individual roll call vote, Councilmembers Knnn, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-117 was introduced by the Mayor and referred to RESOLUTION # 04-117
APPOINTING
the Council for action. PATRIG[A BUKNETI'-
PART-TIME, PER
Upon MMS&C, by Councilmembers Rios and Sitarz DIEM DISPATCHER
RESOLUTION #04-117
"APPOINTiNG PART-TIME/PER DIEM
PUBLIC SAFETY TELECOMMUNICATOR TRAiNEE"
ADOPTED
was adopted. Upon individual roll call vote, Councilmembers Krum,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-118 was introduced by the Mayor and referred to
RESOLUTION # 04-118
the Council for action. PROFESSIONAL
SERVICES-EKA
Upon MMS&C, by Councilmernbers Rios and Sitarz ASSOCIATES, RE:
WASHINGTON
RESOLUTION #04-118 AVENUE BUSINESS
DISTRICT-PARKING
"AUTHORIZiNG A PROFESSIONAL SERVICES CONTRACT PLAN
FOR ENGINEERING SERVICES WITH EKA ASSOCIATES
FOR THE UEZ STREETSCAPE PARKiNG PLAN"
was adopted. Upon individual roll call vote, Councilmembers Krum, ADOPTED
Parisi, R/os and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
29
MARCH 25, 2004
RESOLUTION #04-119 was introduced by the Mayor and referred to
RESOLUTION # 04~ 119 the Council for action.
AUTHORIZING
PARTICIPATION IN
STATE Upon MMS&C, by Councilmembers Rios and Sitarz
DEVELOPMENT &
REDEVELOPMENT RESOLUTION #04-119
PLAN
"AUTHORIZING PARTICIPATION OF THE BOROUGH OF
CARTERET IN THE STATE DEVELOPMENT AND
REDEVELOPMENT PLAN CROSS-ACCEPTANCE PROCESS"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Par/si, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION # 04-120 RESOLUTION #04-120 was introduced by the Mayor and referred to
PROFESSIONAL the Council for action.
SERVICES-T&M
ASSOCIATES, RE: Upon MMS&C, by Councilmembers Rios and Sitarz
DOROTHY STREET
PUMP STATION RESOLUTION #04-120
INFLUENT SEWER
UPGRADE "AUTHORIZING A PROFESSIONAL SERVICES CONTRACT
FOR ENGINEERING SERVICES WITH T&M ASSOCIATES-
DOROTHY STREET PUMP STATION
INFLUENT SEWER UPGRADE"
ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum,
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION # 04-121 RESOLUTION #04-121 was introduced by the Mayor and referred to
AMENDING the Council for action.
RESOLUTION # 04-100
PROVIDING FOR A Upon MMS&C, by Councilmembers Rios and Sitarz
SENIOR CITIZEN
SEWER REBATE RESOLUTION #04-121
PROGRAM
"AMENDING RESOLUTION #04-100 PROVIDING FOR
A SENIOR CITIZEN SEWER REBATE PROGRAM"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
3O
MARCH25,2004
RESOLUTION #04-122 was introduced by the Mayor and referred to RESOLUTION # 04-122
the Council for action. PROFESSIONAL
Upon MMS&C, by Councilmembers Rios and Sitarz SERVICES-VENEZIA
& ASSOCIATES-
RES OLUTION #04-122 BOROUGH HALL
PROJECT PHASE
II & III
"AUTHORIZING A PROFESSIONAL SERVICES CONTRACT
FOR ARCHITECTURAL SERVICES WITH VENEZIA &
ASSOCIATES-BOROUGH HALL PROJECT PHASE II AND III"
was adopted. Upon individual roll call vote, Councilmernbers Krum, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-123 was introduced by the Mayor and referred to RESOLUTION # 04-123
the Council for action. PROFESSIONAL
SERVICES-T&M
Upon MMS&C, by Councilmembers Rios and Sitarz ASSOCIATES, RE:
WATERFRONT PARK,
RESOLUTION #04-123 PHASE II DESIGN
AND BID OF
DECORATIVE
"AUTHORIZING A PROFESSIONAL SERVICES CONTRACT LIGHTING
FOR ENGINEERING SERVICES WITH T&M ASSOCIATES-
WATERFRONT PARK PHASE II"
was adopted. Upon individual roll call vote, Councilmembers Krum, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
RESOLUTION #04-124 was introduced by the Mayor and referred to RESOLUTION # 04-124
the Council for action. AUTHORIZING
RECEIPT OF BIDS
Upon MMS&C, by Councilmembers Rios and Sitarz FOR DECORATIVE
LIGHTING/
RESOLUTION #04-124 WATERFRONT PARK
"AUTHORIZING RECEIPT OF BIDS FOR
DECORATIVE LIGHTING/WATERFRONT PARK"
was adopted. Upon individual roll call vote, Councilmembers Kmm, ADOPTED
Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
31
MARCH25,2004
RESOLUTION #04-125 was introduced by the Mayor and referred to
RESOLUTION # 04-125 the Council for action.
RESOLUTION
OPPOSING PROPOSED
RATE INCREASE- Upon MMS&C, by Councilmembers Rios and Sitarz
MIDDLESEX WATER
COMPANY RESOLUTION #04-125
"RESOLUTION OPPOSING PROPOSED RATE INCREASE-
MIDDLESEX WATER COMPANY"
was adopted. Upon individual roll call vote, Councilmembers Krum,
ADOPTED Parisi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
Mayor Reiman congratulated James McFadden and Brendan Rhodes
MAYOR REIMAN in their new responsibilities as Firefighters for the Borough of
GOMMENTS Carteret. He spoke about the rate increase Middlesex Water Company
wants to impose on the residents. He gave the details for the Public
Hearing which will be advertised on TV Channel 36 and urged all
residents to attend this Public Hearing.
PAYMENT OFBILLS Upon MMS&C, by Councilmembers Rios and Parisi all bills
appearing on the prepaid list properly audited and signed were ordered
to be paid. Upon individual roll call vote, Councilmembers Krum,
Padsi, Rios and Sitarz voted in the affirmative. Councilmembers
Naples and Sosnowski were noted absent.
The Clerk stated that she was in receipt of the following reports:
REPORTS
DEPARTMENTS
1. Board of Health-February2004
2. Inspection of Buildings-February 2004
Upon MMS&C, by Councilmembers Sitarz and Rios and unanimous
affirmative vote of the four (4) Councilmembers present, all reports
were ordered to be received and placed on file.
32
MARCH25,2004
BUILDINGS & GROUNDS: In the absence of Committee
Chairperson Naples Councilmember Krum said all the rugs in STANDING
COMMi'I'IEES
Borough Hall were cleaned using in house labor and the new steam
cleaner. He spoke about the platforms and outlets that were installed
at the Community Center also with in house labor. He reported
progress.
FINANCE & ADMiNISTRATION: Committee Chairperson Pafisi
spoke about the Senior Sewer Rebate applications that were received
and said residents could still get applications at the Annex. He spoke
about the five hundred and fifty thousand dollars in state aid that they
would be applying for. He said the budget is still in progress.
FIRE: Committee Chairperson Krum spoke about the Motor Vehicle
Extracation Drill that was held on Saturday. He thanked B&L Towing
for donating the cars for the drill again this year. He spoke about the
Fire Class at Middlesex County Fire Academy and the Water Rescue
Training Class. He spoke about the Safe Kids Day that will be held on
April 17th and will honor the State Trooper who was killed last year
while doing safety checks at the Turnpike Interchange 12. He reported
progress.
POLICE: Committee Chairperson Sitarz spoke about some of the
members going on March 15, 2004 to Rahway State Prison, East
Jersey State Prison for the Emergency Notification training classes that
were held in the event of an emergency at the prison. He spoke about
the new unmarked police car the Borough purchased through narcotics
money. He spoke about the D.A.R.E. dances and the Neighborhood
Watch Program meeting. He reported progress.
PUBLIC WORKS: In the absence of Committee Chairperson
Sosnowski Councilmember Sitarz spoke about the work the mechanics
are doing on the old bus. He spoke about the new street sweeper he
bought which had to be fixed again and said he felt it was a lemon. He
said Mr. Bergen will deal with the problem. He reported progress.
Mayor Reiman directed Borough Clerk Barney to send a memo to GOMMENTS
Councilmember Sosnowski to tell him to prepare a written report when
he is not going to be at a meeting.
33
MARCH25,2004
BOARD OF EDUCATION: In the absence of Committee Chairperson
STANDING
ODMM1TIIzES Naples Councilmember Parisi spoke about the Lip Sync Contest for
Nathan Hale and the Middle School Talent Show. He said April 1st
the Band Parents are having a Musical and April 2nd Columbus School
will be having a Lip Sync Contest.
Mayor Reiman read the following proclamation:
PROCLAMATION:
ADDICTION ADDICTION AWARENESS MONTH
AWARENESS MONTH APRIL 2004
WHEREAS, there are more deaths, illnesses and disabilities each year
in the U.S. from substance abuse than from any other preventable
health condition; and
WHEREAS, there are approximately 13.6 million current illicit drug
users in the United States; and
WHEREAS, an estimated seven percent of New Jersey adults drink
alcohol on an almost daily basis; and
WHEREAS, more than nine million children live with a parent
dependent on alcohol and/or illicit drugs; and
WHEREAS, over one million adults in New Jersey are addicted to
nicotine; and
WHEREAS, approximately one in four deaths in this county each year
is attributable to alcohol, tobacco and illicit drug use;
WHEREAS, 10.6% of all DUI arrests in New Jersey occurred in
Middlesex County; and
WHEREAS, though the previous facts are alarming, recent data
indicates that youth are benefiting from consistent prevention
messages;
WHEREAS, a survey in U.S. schools indicate that use of marijuana,
some club drugs, cigarettes and alcohol decreased in recent years; and
WHEREAS, the National Council on Alcoholism and Drug
Dependence (NCADD) of Middlesex County, Inc. is sponsoring
Addiction Awareness Month in Middlesex County as part of a month
long national campaign; and
WHEREAS, this campaign is an opportunity for schools,
communities, businesses and organizations to learn about addiction
and the ways it can be prevented and treated.
NOW, THEREFORE, I DANIEL J. REIMAN, MAYOR OF THE
BOROUGH OF CARTERET do hereby proclaim that APRIL 2004 is
ADDICTION AWARENESS MONTH
34
MARCH25,2004
STANDING
PARKS & RECREATION: Committee Chairperson Rios said he COMM1TI'izES
would like to see the Reverse 911 System activated. He spoke about
the home contractors being licensed and some scams that have recently
taken place in the area. He said Saturday April 17th is Little League
Opening Day. He spoke about the vandalism done to the dugout at
Carteret Avenue field. He said they are doing tree trimming on
Carteret Avenue. He spoke about Ethnic Day Festival Weekend which
will be held Septmnber 2nd through 5th. He spoke about the World
Trade Center Dance. He reported continued progress.
There being no further business or discussion, upon MMS&C, by ADJOURNED
Councilmembers Rios and Sitarz and unanimous affirmative vote of
the four (4) Councilmembers present, the meeting was adjourned at
approximately 8:05 P.M.
KMB/cp
35
MARCH25,2004
COUNCIL MEETING
36