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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 2 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: 4 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 5 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 7 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 10 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 11 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