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HomeMy Public PortalAbout2002/01/10 JANUARY 10, 2002 An Agenda Meeting of the Mayor and Council of the Borough of AGENDA MEETING Carteret preceding the Regular Meeting of January 17, 2002, was held on January 10, 2002, Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. -- The following were noted present: PRESENT Mayor James A. Failace Councilmembers Parisi " Reiman " Rios " Santoro " Sosnowski Also noted present was Borough Attorney Robert Bergen. Noted absent was Councilmember Sohayda. NOTED ABSENT Statement of Meeting Notice was mailed to the Home News Tribune, STATEMENT OF MEETING The Star Ledger and posted on the bulletin board on January 4, 2002. NOTICE To Address Governing Body - Borough Engineer Donald Norbut. BOROIJGH ENGINEER'S __ REPORT The Borough Engineer reported on the progress of the engineering projects ongoing in the Borough. 1. ROAD IMPROVEMENT PROJECTS ROAD IMPROVEMENT PROJECTS a). Milik Street Rehabilitation b). Washington Avenue Streetscape c). Carteret Avenue Pedestrian Improvements d). 2002 Road Improvement Program At approximately 7:05 P.M. Councilmember Sohayda was noted NOTED PRESENT present. COUNCILMEMBER SOHAYDI Borough Attorney Robert Bergen asked if anyone from Double Edge Contracting was present and there was no response. SANITARY SEWER II. SANITARY SEWER PROJECTS PROJECTS __ a). Suspect Area Sewer Separation b). Harrison Avenue Pump Station c). Roosevelt Avenue Pump Station d). Sewage Treatment Plant Demolition At approximately 7:10 P.M. Councilmember Sohayda was noted NOTED ABSENT AND absent and returned. RETIJRNED III. WATERFRONT PARK JANUARY 10, 2002 V/ATERFRON'r Borough Engineer Don Norbut reported that a revised design / bid PARK package to put some alternate bid items in there in triplicate. They came up with an estimate of two million dollars, which will not change the size of the Fishing Pier. They will be taking bids for decking materials and a floating dock. If the bids come in favorably maybe we can award a contract for all those things. If not, they subtract a few things out. Councilmember Santoro asked if they are estimating this contract for two million dollars. Borough Engineer Don Norbut replied yes. Councilmember Santoro asked if they were allowed to go out... Borough Attorney Robert Bergen said if they don't have the money available he recommends that you don't. DISCUSSION Councilmember Reiman asked if the new estimate is two million dollars. Borough Engineer Don Norbut said the estimate is for about two and one half million (inaudible). Councilmember Santoro said they have one point eight million dollars available. Borough Engineer Don Norbut said Maser is thinking that with a wider circulation of the bids that there could be a chance to get within the (inaudible). Councilmember Reiman said last time it was only advertised in the Home News Tribune. Now they are talking about the Home News Tribune, The Star Ledger and the Asbury Park Press. When they spoke of this the first time construction was in December and now we are giving them a much longer time, March or April. Councilmember Parisi said that Councilmember Santoro was correct and that he would feel comfortable telling you that you are probably not going to see a bid lower than (inaudible). Councilmember Santoro said her question would be is how can we actually go out for bids when we don't have the money in hand. Borough Engineer Don Norbut said you can advertise a project and you can receive bids. Borough Attorney Robert Bergen said you can but you create a problem. If you are not committing the funds and ultimately you decide for two thousand dollars, you reject every ones bid, he cannot tell them that one of the bidders, if he has evidence that you discussed it and you knew the cost of the project and the bids come in within the Engineer's bid and you reject them all you may get a challenge from some of the bidders. 2 JANUARY 10, 2002 Councilmember Reiman said at the same token the original Engineers estimate was one point four million dollars. He said he doesn't think the Engineers estimate is worth a (inaudible). Borough Attorney Robert Bergen said from a legal point of view his DISCUSSION experience is that the (inaudible) is significantly above the (inaudible) (CON'T) -- estimate. That would be a good reason to reject the bids. Councilmember Reiman said they have one point eight million dollars available and two hundred thousand dollars in the Open Space Account for the Borough of Carteret, one hundred thousand from last year and one generated from this year. Councilmember Santoro said they already spoke about spending that money. Councilmember Reiman said absolutely, but what he is saying is if need be we have the money available. He said he thought to hold up the project, he thinks they can go out to bid just to get the price for it. It may come in at two million or it may come in at three and one half million. It would give us an idea of how much money they need to come up with. Councilmember Santoro said when they go out for specs or looking for bids your not really (inaudible) to just to find out what the costs are. She said her guess would be that you are getting ready to award it and you can't just go out and see (inaudible). She said she would feel -- better if they could identify money that we are going to use. Mayor Failace said he thinks they have to make a choice and he thinks what Councilmember Reiman is saying is tree. We have to make a choice that if we go out to bid and it comes in at one point nine and we need that do we do the project that you talked about or do we do the pier. Personally, he hopes that they can... Councilmember Santoro said that the pier is important (inaudible) and if that is the case then we have to stop other projects that we spoke about. Councilmember Reiman said there is also the possibility of funding from our friends in the County that we have been speaking with. Mayor Failace said he thought they were in the ballpark or very close with those other funds we are right on the money. Borough Attorney Robert Bergen asked if that was with all the (inaudible) in it or without. He then asked if that was the lowest or highest bid. Borough Engineer Don Norbut replied it was the lowest bid and it was two million dollars. Councilmember Santoro said the whole package is two and one half million dollars. Borough Attorney Robert Bergen said still with all the items coming in. 3 JANUARY 10, 2002 Councilmember Reiman said and that is just for Phase One. Borough Attorney Robert Bergen said he had another item in the Borough Engineer's report that he wanted to bring up in Closed Session. RE: GREEN Borough Engineer Don Norbut said the last item, Item E has to do with ACRES ~he Green Acres Grant Application. Green Acres has notified the APPLICATION Municipality that they are accepting applications for Recreation Projects. Councilmember Santoro asked a question and was inaudible. There are a few items on the report that are priority. One being the football field.. Borough Engineer Don Norbut said he didn't realize that they put in an application for that. He said the only one he knew about was the one for the park. Councilmember Santoro said there were five different areas targeted. She said her concern was a few of those that they really need to talk to them about and one of them being that field. Borough Engineer Don Norbut said this application has a very good chance of being funded because the Waterfront Recreation is a high priority and the second phase of the project is already (inaudible). Councilmember Reiman said they already have a meeting set up with this project with the Army Core of Engineers for the North East Area. He said he knew he told the Council about it last year and the director for that area has cancelled it six times. Borough Engineer Don Norbut said there was a few items and just to remind you that we will be meeting with Patrick DeBlasio (inaudible). ENGINEER' S a). Phase I, Fishing Pier REPORT b). Temporary Construction Easement (CON ' T) c). Parking Lot Acquisition d). Permanent Access Easement e). Phase II, Passive Recreation Area IV. GENERAL ITEMS a). 2002 Capital Improvement Program Recommendations b). Roosevelt Avenue Bypass, West Carteret Councilmember Sosnowski said he had a concem with the lights on Post Blvd. and Roosevelt Avenue. One changes from red to green with no amber light and the other (inaudible). Councilmember Reiman said they have a conceptual plan, which was given to us, and he told the Borough Engineer that there may be some (inaudible) and we may want to put a request out to bid or at least to get some quotes on that. 4 JANUARY 10, 2002 Councilmember Santoro said they have to move with that because we need to close this out. Councilmember Reiman asked the Borough Engineer, on the professional services resolution, number 16 it is not to exceed seven -- thousand six hundred dollars for Block 1601. What exactly is that? Borough Engineer Don Norbut replied that it was the sewage treatment plant. Councilmember Reiman asked if the survey was prior to or after (inaudible). Is that because they demolished the building.. Borough Engineer Don Norbut replied it is for the future use of the property. DISCUSSION CONTINUED Councilmember Reiman asked about number ! 7 also. Borough Engineer Don Norbut said number 17 is the Mobil 1 Sight (inaudible). Councilmember Reiman said to move ahead with the survey of that property. Councilmember Santoro asked who did they hire an appraiser for? -- Councilmember Reiman said the appraiser is John Cohen and he is doing an appraisal (inaudible) tax assessor. He is doing a comparison of Lots and Blocks. Councilmember Santoro said okay, but what is the purpose of the survey? Most times there is someone purchasing the property and they would be buying the property. She then asked what the benefit would be for us to have a survey if we have an appraiser give us the value and a best use. Borough Engineer Don Norbut said the benefit is that we have the description, any encumbrances and all the easements. Councilmember Reiman said he asked the Borough Engineer last year when the Council spoke about it to look at a survey. He said he doesn't think it is worth thirteen thousand eight hundred dollars. Councilmember Santoro said it is actually twenty thousand dollars, put the two of them together at this point. She said they are doing the same kind of thing on the other property. _ Borough Engineer spoke and was inaudible. Councilmember Santoro said the property is theirs. There was work done when that was a proposed library. Do we have this information in town anywhere? Councilmember Reiman said not that he is aware off The tax maps shows the acreage but the problem is it doesn't have the Industrial JANUARY 10, 2002 Road. Part of the property was lost. He said he is not in favor of spending thirteen thousand dollars. Mayor Failace said you also have problems with the wetlands that are there, it has to be delineated because right in the middle of the property you have wetland that the former Mayor took care of. Councilmember Santoro asked why they couldn't wait until the appraisal comes back before they proceed with this. Mayor Failace asked if they needed to know about the wetlands before they get the appraisal. Councilmember Reiman said they had (inaudible) from the DEP. Councilmember Santoro said they had to start some studies when they were looking into that. Councilmember Reiman asked if they need the survey to finish the appraisal. DISCUSSION Borough Attorney Robert Bergen said he didn't need it for anything. Councilmember Reiman said they are going to need to know maximum (inaudible) on that property. They could guess and that guess would be five and one half acres minus an acre for the wetlands. Borough Attorney Robert Bergen said you would think they would be able to determine a fairly reasonable value based upon what information is available. He then asked if they were going to do wetlands (inaudible)? Borough Engineer Don Norbut said wetlands (inaudible) were done probably five or six years ago. The report is in the Municipal Clerk's Office. Councilmember Santoro asked the Borough Attorney if he ever saw this being another (inaudible) to have the survey before an appraisal. Borough Attorney Robert Bergen said if you have a real question about what you own, if it is that convoluted out there, then you may want it. Councilmember Reiman said they know the property they just don't know the acreage. We have an idea and it might be five because if you take Public Works ... Councilmember Parisi said maybe something much cheaper is in the title search. Maybe you can do a title report .. Borough Attorney Robert Bergen asked if they are intending to sell the other property right away? Councilmember Santoro asked about the survey on the sewage treatment plant. She asked what the reason was for that one. 6 JANUARY 10, 2002 Borough Engineer Don Norbut replied that they don't need (inaudible). Councilmember Reiman said if they were going to move and sell this property we are going to have to do to sell (inaudible). We have to know if we are going to relocate the Public Works. Would it all tie into the project? Borough Attorney Robert Bergen asked if there were any encroachments on that property. Is there a question of people encroaching on our property lines? Borough Engineer Don Norbut said as far as he knew, no. Councilmember Santoro said they just got the tax maps done and John DISCUSSION DuPont had them all digitize. She said she just saw him in Patrick (eON'T) DeBlasio's office. That clearly outlines Lot and Block and gives you an idea of the sizes of these properties. Councilmember Reiman said wait until the appraised value comes in and if either go out to auction or we sell it to a developer as redeveloped property we can have them (inaudible). Borough Engineer Don Norbut said with the bids below four hundred thousand, maybe it is an opportunity to be included in a twenty year no interest loan. Councilmember Reiman said only if we relocate to the sewage plant. He said he thought (inaudible). It is not necessarily gong to be done before, it will be after the demolition of the plant. When are we demolishing the sewage plant? Borough Engineer Don Norbut said if it is awarded next week, he sees it getting started within the month. Councilmember Parisi asked if they were going to delay the project. Unidentified person responded no. Councilmember Santoro said she thought they needed to know what they were going to do with the other property. Is it going to encompass the whole area if we are going to move? Councilmember Reiman said whether or not it is the survey of the sewer plant is done before or after. We can't look at selling the Public RE: MOBILE I & MOBILE II Works site with Mobil I and Mobil II unless (inaudible). Councilmember Santoro said they were looking for low interest loans. Do we have this seventy-six hundred dollars? Borough Attorney Robert Bergen said they may want to have a committee take a look since you have the sewer treatment plant money available. Councilmember Santoro said they were not sure where this money is available. JANUARY 10, 2002 Councilmember Reiman said that is the four hundred fifty thousand dollar zero interest loan that was approved by the State. Mayor Failace said they already have that. Councilmember Santoro asked how much was coming in for the demolition? Borough Engineer Don Norbut said the bids came in relatively low. Municipal Clerk Kathleen Barney asked if they were leaving it on. Councilmember Reiman asked how they can determine if they can move the Public Works down there? Councilmember Santoro said they need the actual survey to be able to figure it out. Councilmember Reiman asked the Borough Engineer to determine if he could fit and relocate the Public Works with a new structure without doing a survey of the property. DISCUSSION Borough Engineer Don Norbut said yes. Councilmember Parisi said that (inaudible) told it was already no problem. Councilmember Reiman told the Borough Engineer that if we didn't include the scope of the project now and we wait until after the demolition of the property, can we still use that as part of the zero interest loan from the State? We don't simply have a blank check from the State. Borough Engineer Don Norbut said he didn't know the answer to that question. He said he would have to check and see. Councilmember Reiman said they had time anyway. Borough Engineer Don Norbut said it did say the (inaudible) costs are eligible items under that law. Borough Attorney Robert Bergen said there is not enough information to draft a Resolution so if you come to the conclusion that you want to add it for next Thursday he will have it ready. Councilmember Parisi said unless you get out of your car and walk back there you have no clue as to what is back there. Borough Engineer Don Norbut said they were also talking about upgrading the Recycling Facility and that would be (inaudible) for having the survey. We have some wetland issues that we have to deal with before we deal with the new recycling facility. Borough Attorney Robert Bergen asked when they could find out whether or not this will be an interest free loan. He said that he would prefer to hold off on it only because of that (inaudible) plus personally he would like to get a little educated on it. If it is not an emergency or 8 JANUARY 10, 2002 if it is not going to hinder the plan itself, then he does not see why (inaudible). Councilmember Parisi said if there were no bearing on the time frame, he would like to hold off on it to just to get a little more educated on it. Mayor Failace said by holding off a little bit and by putting that into the cost, how long are we going to hold off doing that where we could tap into... Councilmember Santoro said they should wait until the appraisals come in. Councilmember Reiman said the appraisals should be in within the month. Councilmember Santoro said you should have the plans together on what you are doing. Councilmember Pax/si said he would prefer to stay away from it right now. DISCUSSION Mayor Failace asked if they had any more questions for the Borough Engineer. He then asked if there were any other Resolution that they wanted to discuss. Councilmember Santoro asked about Resolution # 7. He wanted to know if it was on the Agenda the same as the year before. Borough Engineer Don Norbut replied that those budgets worked out pretty good last year. Councilmember Santoro said they were not paying Robert Bergen, Esq. any amount. Municipal Clerk Kathleen Barney replied that they didn't have any amount. Borough Engineer Don Norbut said that #13 on the Agenda is something that you haven't seen. The Suspect Area Sewer Separation, RE'- SUSPECT AREA the project that is being done right now. We're to advance the project SEI,/ER SEPARATION because we are getting EPA Federal Funds the Town is required to do what is called a planning document that consist of an environmental assessment, alternative analysis and that pretty much gets done first before the project gets designed and (inaudible). In this particular case, because of environmental concerns about the illegal connections, they allowed the project to move ahead and said when you are almost done with your project you can put the claim document together. This is a Federal requirement to get the EPA funding which is now one and a half million dollars. Councilmember Santoro said they had that money somewhere... Borough Engineer Don Norbut said all projects you do with that EPA money (inaudible). They have given us approval after the fact and future ones will have to be done in sequence. Councilmember Santoro asked if the Borough Engineer was keeping in contact with (inaudible) and are we still moving in that direction? 9 JANUARY 10, 2002 Borough Engineer Don Norbut replied yes, every time we were faxing (inaudible). Borough Attorney Robert Bergen said he would like to discuss this in a Close Session. He said he has a conference with the Judge at the end of the month and he asked the Borough Engineer to do some work in regard to that. ~ Councilmember Santoro said Killam made an error and the Police Department should not be in that bid. They had they're own since the installation. Councilmember Reiman said Killam prepared it originally when they went out and they bid on al the generators, it was one bid spec. Just touch base with them and pull it out. Borough Attorney Robert Bergen said they are having a hearing tonight. He then asked if anyone heard from Double Edge Contracting. The reason we are here is we received bids specifications and proposals on the Sewer Plant Demolition. One of two things the lowest RE: SEWER bidder did not have was certification to be able to do (inaudible) the PLANT removal of tanks and also pollution control insurance which they did DEMOLITION not provide as part of their bid. He said he asked Borough Engineer to contact the contractor to find out if it was a simple matter of failing to attach certain documents to the bid proposal or whether they did not have the items for the certifications. It appears that they did supply some insurance to him the next day but the certification from the DEP is to be able to do the underground storage work. It wasn't simply ._., storage tank work it wasn't simply a fact that they were certified and failed to supply it. They were not certified for the sub contractor and they were not certified with the DEP at the time. He said he thinks that was a material violation of the bid proposal and therefore gives you grounds to reject the bid. He said he thought if they were certified and just simply failed to supply us with a piece of paper you can waive certain violations as being immaterial. He said he believes that this one is material and you should disqualify (inaudible). We have to give the contractor a heating before we reject his bid. He said he notified the bidder and advised him that if he contacted the Municipal Clerk or himself (inaudible). He said he going make a recommendation that they reject the bid and award it to the second lowest bidder who is RTC. It still does not prevent him from coming forward after we award the contract filing a (inaudible). Based upon the recommendation of the Borough Engineer that is a critical item to have and more important thing the Judge is going to look at in determining weather or not there is any unfair advantage among the bidders. If someone didn't submit a bid because he was afraid that the sub contractor had to be certified and that is why he did not submit a bid and therefore if you waive it now, he may come back and say he didn't need that certification. That is one of the issues that you look at when you (inaudible). ~ Mayor Failace asked if they had to do that by vote. Borough Attorney Robert Bergen said yes, and he would like to put a Resolution on for Thursday nights meeting to reject the other one. He said he would rather do it formally. 10 JANUARY 10, 2002 Mayor Failace said he thought the Borough Attorney was doing it that evening. Councilmember Reiman asked if they were rejecting one bid and awarding the other. Borough Attorney Robert Bergen said he gave them every last opportunity to contact us. If he wants to call in tomorrow, if he is sick tonight, we have given him every opportunity. Another week won't hurt. Councilmember Sosnowski asked the amount of the bid. Borough Engineer Don Norbut said the low bid is two hundred thousand dollars and that was from Double A. the next lowest bidder was two hundred eighty thousand dollars. The remaining four bids were two ninety, two ninety-six, three hundred thousand and three hundred and ten thousand dollars. Just so you are aware they took the references of the second lowest bidder which is RTC. They found out that they completed nine major demolition projects in the past year. They are well qualified and their references are good and their documents are in order. He said he would make a recommendation tomorrow.. Councilmember Reiman said he knew that he was done with that and we are going to have to approve Maser Consulting... Borough Engineer Don Norbut said one thing he wanted approved tonight, if you so desire, was to authorize Maser Consulting to redo the design of the substructure and reduce the cost and also to put a rebate packaged together. If we authorize tonight it will save us a week and allows us to move forward with a (inaudible). If you would like to wait until Thursday that would be fine too. If you came to a conclusion and you want to go out to bid now and if you want me to go to the drawing board with this the minimum to (inaudible). Councilmember Santoro said the money is fine, right? Councilmember Reiman said that is why we are getting a week Mayor Failace made a motion to open to the public. Upon MMS&C, by Councilmembers Sosnowski and Reiman and OPENED TO THE affirmative vote of the full Council present, the meeting was opened to PUBLIC the public. RESOLUTION//02-20 was introduced by the Mayor and referred to RESOLUTION#02-20 the Council for action AUTHORIZING A __ PROFESSIONAL SERVICES CONTRACT FOR ~ Upon IV[MS&C by Councilmembers Reiman and Rios I~: W~l~f~q~ PN~, H-~SE I 11 JANUARY 10, 2002 RESOLUTION #02-20 "RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES WITH MASER CONSULTING P.A. RE: WATERFRONT PARK, PHASE I" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Parisi, Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the affirmative. Councilmember Padsi said he wanted to know where the money was coming from. Councilmember Reiman replied that the money is coming from the preliminary engineering report. Borough Attorney Robert Bergen said before you pass your final budget you have to be able to operate and you need some cash flow. The law provides for the Chief Financial Officer to recommend that COMMENTS the council approve a temporary budget, which can be no more than 25% of last year's budget. That is where that money will come from and then you will have to anticipate that will be your formal budget for the year. He then asked the Borough Engineer to get something over to him from Richie Maser. Municipal Clerk Kathleen Barney said she had about twenty-five pages. Borough Attorney Robert Bergen said to attach them to the back of the resolution and he will reference that the Municipal Clerk has that information. Councilmember Reiman stated that Gary Higgins was next, he had a meeting and should be here shortly. He is going to discuss the accounting report on the sewer account and sewer user fee that the 2000 Council had had initiated and was finished last year. Mayor Failace asked why they didn't run through first. He then asked Sally Mesler if she wanted to speak in Closed Session. G. SANDOR - NOTED ABSENT Glenn Sandor-Kinder Morgan. MayorFailaces~dhehadtoleave. MINUTES FOR MINUTESFORAPPROVAL-December6,2001. APPROVAL RESOLUTIONS RESOLUTIONS: 1. Directing the Issuance of Various Bingo Licenses. 2. Directing the Issuance of Various Raffle Licenses. 3. Retired of Tax and/or Sewer User Fees. 4. Authorizing Mayor to Execute Interlocal Services Agreement - Animal Control Services. 12 JANUARY 10, 2002 Councilmember Santoro asked if that was the same one. Mayor Failace replied that it was the same one. Councilmember Reiman asked if that was the cheapest $20,000.00 to Linden. Councilmember Santoro said she thought that was done two weeks ago. Councilmember Reiman asked if Woodbridge had their own (inaudible). Cotmcilmember Santoro said no, she thought that Linden covered Woodbridge. Mayor Failace said they spoke about this and they thought that $20,000.00 was too much. 5. Authorizing the Mayor to Execute Agreement with Middlesex RESOLUTIONS County for Public Health Services. 6. Professional Services - Lerch, Vinci and Higgins, not to exceed $2500.00, Re: Review of Sewer User Fees. Councilmember Reiman said they had $5000.00 left in the account fi.om 2000. He said he spoke to the auditors and more money may come in and they can (inaudible). 7. Professional Services - T&M Associates, not to exceed $55,000.00, Re: Mtmicipal Engineering Services and $25,000.00, Re: Sewer Engineering Services. 8. Professional Services - Robert Bergen. Councilmember Parisi asked if they would have the numbers by next week. Mayor Failace said that he makes them do it without telling them.. Borough Attorney Robert Bergen said he had a few issues that he needed to address and he wants to find out how they want to deal with contracts. He said his initial recommendation would be the same as last year but knowing it was eleven months they extended it to twelve months. 9. Approving change Order 1 Tarheel Enterprises - Re: Improvements RESOLUTIONS to Industrial Road. 10.Professional Services - T&M Associates, not to exceed $5000.00 Re: Green Acres Application, Waterfront Park. 11. Adopting Flexible Benefits Plan - AFLAC. Councilmember Reiman said it was from the Health and Wellness program. He said it is a phenomenal program and (inaudible). He said 13 JANUARY 10, 2002 he knew that Mr. Kately wanted to fall off the roof again just to get AFLAC. Councilmember Santoro said they adopt something like that so we don't have to look for other similar companies. Borough Attorney Robert Bergen said as long as there is no payment made to them from the Borough. Councilmember Reiman said at the employee's discretion we deduct it from their paycheck and send it to them. He said he didn't know why it was up for adoption. Councilmember Rios said it is all voluntary, no obligation. Borough Attorney Robert Bergen said they should give a sample resolution. Municipal Clerk Kathleen Barney said she had one from Patrick DeBlasio. Borough Attorney Robert Bergen said to authorize Patrick DeBlasio to make the payroll deduction. Councilmember Santoro asked if they were adopting him to do that. Borough Attorney Robert Bergen said it was part of the resolution and he had not seen it yet. Councilmember Rios said it was just an agreement to let them (inaudible). Borough Attorney Robert Bergen said they did need to do a (inaudible) because you want to make sure you qualify in what they call a Cafeteria Plan. It allows certain employees to make certain deductions. Councilmember Santoro said that she would like to meet him and asked what time he would be there. Councilmember Reiman said he will be in the Finance Department starting from 10:00 A.M RESOLOTIONS 12. Award of Bid - Roosevelt Avenue Pump Station Improvements. CONTINUED 13. Professional Services - T&M Associates, not to exceed $14,000.00, Re: Suspect Area Sewer Separation and Improvements Planning Document. 14. Appointing Temporary Seasonal Employees - Winter Basketball program. Councilmember Santoro asked whom they were appointing. Municipal Clerk replied Robert Sisko, Michael Orlando, Gerry Sisko and Hugh Connors. Councilmember Rios asked if these were the same people they hired last year. 14 JANUARY 10, 2002 Councilmember Santoro said she thought there would be more involvement in these recreational people involved or are we going to reach out and see if any body else was interested in some of the other (inaudible). Robert Kately spoke but was inaudible. Councilmember Santoro asked if they needed to vote on this that night. She then asked if the program started that Friday. Robert Katley response was inaudible. Councilmember Santoro said that they had to vote on (inaudible) that night. Councilmember Rios said he didn't pick those names and he doesn't know who they are so at this point they should (inaudible) but in the future he recommended that they get the names well in advance and advertise that we have the program and pick the best. Councilmember Parisi asked what day was this program. Unidentified person responded that it was Saturday morning at the Middle School. Councilmember Padsi asked what grade level. At approximately upon MMS&C, by Councilmembers Reiman and OPENED TO THE Rios and unanimous affirmative vote of the full members present, this PUBLIC meeting was opened to the public. RESOLUTION #02-21 was introduced by the Mayor and referred to RESOLUTION # 02-21 the Council for action. APPOINTING TEMPORARY SEASONAL EMPLOYEES Upon MIViS&C, by Councilmembers Reiman and Rios RE: {INTER Bt~i~.mm~lL RESOLUTION #02-2 l "Appointing Temporary Seasonal Employees - Winter Basketball Program" was adopted. Upon individual roll call vote Councilmember Parisi, ADOPTED Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the affirmative. 15. Michael Majur - Park Maintenance Worker. RESOLUTION Councilmember Rios said this position was vacant due to the passing of Michael Busack. It was posted.. Mayor Failace said that was posted a number of months ago. Councilmember Rios said it was posted right after he died. This is in total compliance with the Union agreement that they had. Municipal Clerk Kathleen Barney stated that number 16 and 17 are off the order of business. 18. Authorizing the Renewal of Agreement with Mid-State Federal RESOLUTION Credit Union, Re: Parking Lot. Modum compatible 15 JANUARY 10~ 2002 Councilmember Reiman asked how much money were they paying for that. Municipal Clerk Kathleen Barney replied $300.00 per month. Councilmember Rios asked that they explain this to him. Councilmember Reiman said since they use the new Community Center, why are we.. What are they going to do, put up a gate and not let people use it. Councilmember Rios said there are times when they have to use that building for recreational facilities for the Seniors, they used it this past Christmas Party at the Motor Cycle Club and they used it for parking. Borough Attorney Robert Bergen said whatever the agreement says we are obligated to make payment. Councilmember Santoro asked the Municipal Clerk if she could see the agreement. Municipal Clerk Kathleen Barney replied yes. Borough Attorney Robert Bergen said those were just financial terms. He said he is assuming that the town knows they are not going to plow there because they are probably going to want more money. Councilmember Reiman asked if they are paying $3,000.00 a month, plowing or paving? Councilmember Santoro said they do both, we take care of it. Borough Attorney Robert Bergen asked if they wanted him to get involved. It is certainly legal APPLICATIONS APPLICATIONS: 1. ABC License Transfer - Partner's Pub. Councilmember Santoro asked if it was clear. She said she thought there were questions on that. Municipal Clerk Kathleen Barney said there was question about the consent to transfer, which we now have. They resubmitted their checks and she has the application. It is moving forward. COMMUNICATIONS COMMUNICATIONS: Louis Berger Group, Inc. - Notification that the NJ Turnpike Authority is applying for Drainage Improvement Projects in Carteret and Woodbridge NJ. Written comments expected. Councilmember Santoro asked what the Turnpike was doing? Councilmember Reiman said he knew they received a letter (inaudible). 16 JANUARY 10, 2002 Municipal Clerk Kathleen Bamey said one was a statewide general permit and one is wetland letter interpretation and steam encroachment. Councilmember Rios said they should send him a letter asking him to be more specific. Borough Attorney Robert Bergen said they could go to the land use regulation office and make an appointment and you can see them. If you want them to send it to you they generally won't but if you want the Borough Engineer to make a call over there. He said he his sure the Borough Engineer can get some details as to what it is about and give you more information, technically wise. He said he was sure they would take to him but the actual application package always has to be at the Land Use Section Councilmember Santoro said they are doing drainage improvement (inaudible). Municipal Clerk Kathleen Barney said she would send it to the Borough Engineer and ask him to get the (inaudible). Mayor Failace said they could probably drain it out to our roads. Borough Attorney Robert Bergen said they probably have to get the permits every year because it is probably not a change but it is a good idea to have John talk to their technical people and let them know what it is about. MATTERS FOR DISCUSSION: MATTERS FOR 12~q/qqlt~ 1. ABC Violation - Carteret Tavern, Inc. t/a Carteret Diner Borough Attorney Robert Bergen said they had to schedule a ABC Heating 2. Councilman Reiman - Salary Ordinance Correction & Addition. Councilwoman Santoro asked what they were doing with that. Borough Attorney Robert Bergen said they should discuss that in closed session. You can give me some direction as to where you want to go. He said he would give her the options. He then said that she must know what they are. Councilmember Reiman said he explained, back in December that he would wait until this year to talk about it. At one point (inaudible) salary ordinance when it was put together there was a typographical error. The way it stands now people were losing money as they were being promoted in one department with one title. We did the -- agreement by resolution and we actually have to amend the Ordinance to reflect the pay. 3. C-3 Operator - Annual Contract for 2002 - Al Beil. 4. NJ League of Municipalities - Requesting proclamation for "School Board Recogmt~on Month ~n New Jers y . Mayor Failace asked the Municipal Clerk if she had the proclamation. 17 JANUARY 10, 2002 Municipal Clerk Kathleen Barney replied yes. 5. Local Unions - Requesting change of holidays: NATTERS FOR -February 12 to February 15, 2002. DISCUSSION -November 5 to July 5, 2002 (con') At this point the Mayor stated that he was going to leave for 15 Minutes. At approximately 8:05 P.M. Mayor Failace was noted absent. Councilmember Santoro asked if it was okay to just to change it. Borough Attorney Robert Bergen said he was assuming they left it in the contract. You can do a memorandum of agreement for one year COMMENTS only. Councilmemher Santoro asked why they wanted to change those dates and then answered her own question. Municipal Clerk Kathleen Barney said it is a long weekend. It is for just this year. Councilmember Santoro asked if they checked with the County or other people on how they are handling these holidays and what Unions (inaudible)? DISCUSSION - Municipal Clerk Kathleen Barney said the White Collar, Blue Collar, the PBA and the Supervisors. RE: CHANGING Councilmember Rios asked what holiday they are speaking about. DAYS OFF Councilmember Reiman said they are asking to work on Election Day. Municipal Clerk Kathleen Barney said the 12th is Lincoln and they have the next Monday offso they want the 15th and the 18th off. Councilmember Santoro said she could see that one being adjusted but the November to July.. Councilmember Padsi asked if they wanted the Monday and Thursday. Municipal Clerk Kathleen Barney replied that they wanted the Friday and Monday. Councilmember Rios said they already get Monday off. Councilmember Parisi asked what day February 12th fell on. Municipal Clerk Kathleen Barney replied it was a Tuesday. Councilmember Reiman said so instead of Tuesday being off they want Friday and Monday. The only thing would be is beneficial to (inaudible) Public Works. It is a benefit to have them work that Tuesday? Unidentified person said he had nothing to do with these holidays but he felt that he was getting (inaudible). 18 JANUARY 10, 2002 Councilmember Reiman asked what day does he have garbage pick up. Unidentified person replied the first and third Monday so we're going to get stuck again. We get stuck every holiday in West Carteret. Councilmember Reiman said they are already off this Monday, it's a holiday. Your are still going to be stuck but not because of this. Councilmember Santoro said nothing goes on that will interfere. Municipal Clerk Kathleen Barney said they have done the election switch before. Councilmember Reiman reported that a tree was knocked down at 66 Edwin Street, an abandoned building in Chrome. They had prostitution and drug problems. It was lifted on Tuesday and they have been cleaning up the rubble ever since. Councilmember Santoro asked if it was Borough property or does it belong to someone. Councilmember Reiman said there are liens on the property and they could never tract down the actual owner and at one time the lien holder DISCUSSION was trying to take over the property and they were never able to do it. Councilmember Santoro asked what happened. Borough Attorney Robert Bergen replied that it was already on the foreclosure list. Councilmember Santoro said they recently took down a building on the foreclosed list. Borough Attorney Robert Bergen said it increases the amount of the lien. The Borough forecloses and they get their money back when they sell it. Councilmember Santoro asked if there were any other properties that were on the schedule. Councilmember Reiman said there are two but they are not scheduled. What he would like to see first if it is better served foreclosing on the property and maybe selling to a redeveloper to see if anything can be salvaged. There are two more properties scheduled to be knocked down eventually. Councilmember Santoro asked who owns the properties. Councilmember Reiman replied they were lien holders. One of the properties is owned by the bank and is in the process of foreclosure. Borough Attorney Robert Bergen said a bank is in the process of foreclosure on one but they do not have clear title to that one yet. The other one is owned by a private owner who is trying to sell it to another local neighbor who wants to build on both houses. There has been a problem with the bank but it is his understanding that it is being worked out. Because there are people actively involved in acquiring those properties he recommends that they do not use the old procedure. 19 JANUARY 10, 2002 Now that this one is done and closed he would like the smoke to settle on this particular piece of property and make sure no one comes back and objects on this one and then he recommends that they change the general Ordinance early next month so that in the Spring the Borough can put some money in the budget and begin to go after all these properties. The Borough needs to get the Ordinance more in conformance with State Statute than it is presently. As it stands now ~ Tony Neibert has the authority to declare a building that he declared an immediate health hazard, like if a building were falling into the street. Some thing like he could have tom down but the Borough Attorney is not sure he can declare the others that are just an annoyance and a public nuisance. That would be something that you would have to look at around budget time. Councilmember Reiman said he didn't want the Council saying that Tony Neibert could just go ahead and knock down any building that he wants. He then said he had two more items, one is the minutes and how they are transcribed. It is probably 100 hours a week worth of transcribing and he doesn't think they should do that anymore. We should have the audiotapes available and if somebody wants to buy them we should just have the notes taken. Borough Attorney Robert Bergen said they don't even have to keep a tape. Municipal Clerk Kathleen Barney said they have to have typed DISCUSSION minutes. (CON'T) ~ Councilmember Reiman said the CD burner that we have is part of the new system. It is the system that we bought in 2000. We can't copy a CD yet and even if we were able to copy it you can't go home and play it in your CD player. You have to have a special software program to nm in the computer only Municipal Clerk Kathleen Barney said they could pull it down from the Internet but... Councilmember Santoro asked if they could eliminate doing the transcribing. Councilmember Reiman said that frees you only l~om this point on. If someone still wants a copy of the tapes they get a copy and the minutes but it won't be verbatim. Right now they spend one hundred hours a week , have two or three girls transcribe minutes word for word. Councilmember Santoro asked if they had to put any notification or announce anything. Councilmember Reiman said they should keep in mind they are still ..~ transcribing minutes from 1996 and 1997. They are going to have to do those because the policy was not in effect at that time. They will be finishing that up in a year or so but from this point on it is going to be simply notes and a copy of the tape. He then said the third thing he had is for Closed Session for potential litigation. Councilmember Sosnowski said he did an initial walk through on some of the buildings. There are some major problems, which at a later 20 JANUARY 10. 2002 date he would like worked out. One thing he would like to see changed is taking the custodians from under Patrick DeBlasio and giving them to Tony Neibert. He would better utilize the men and has more time. He said he spoke to Tony and he didn't have a problem with it. Councilmember Rios said it sounds like a plan. He said he had one concern about it aside from .. He asked if they also thought that Tony Neibert had a lot of duties already. Councilmember Reiman said he spoke to Tony Neibert and he spoke with Patrick DeBlasio already . Prior to Tony joining the Borough a few years ago he was in charge of property maintenance for Stay-flex. He ran the whole preventive maintenance program for major industry. He said he thought that Tony would be better suited to give daily lists of items to the staff. Councilmember Santoro said Patrick DeBlasio is doing so much and he is not out in these other building to see what is going on. Tony has people out on the sites .. Councilmember Reiman said he felt that Tony had too much on his plate already. He said he wasn't saying that Patrick shouldn't stay as the person in charge. Councilmember Rios said it doesn't make sense to have the tax collector be in charge of the janitors. He said maybe they should have someone else instead. DISCUSSION Councilmember Sosnowski said it would also give Tony a chance to evaluate where we are at. Councilmember Reiman asked if he was receptive to that. Councilmember Rios said he hoped he wasn't going to be paid any more money. Councilmember Santoro replied that there wasn't going to be paid any more money. She then asked if they had to do anything to change that. Councilmember Reiman said they could do it administratively through (inaudible). Municipal Clerk Kathleen Barney said they could just issue a directive. Borough Attorney Robert Bergen said it appears that there may be a few issues that you want to discuss in regard to the spill. He said he didn't think they wanted to do it in Closed Session but if you want to take a recess. Councilmember Santoro said she would like to know what is going on. At approximately 8:20 P.M. and upon MMS&C, by Councilmembers RECESS Santoro and Reiman and unanimous affirmative vote of the full membership present the meeting went into recess. At approximately 8:28 P.M. the meeting was reconvened. Upon RECONVENED individual roll call vote, Councilmembers Parisi, Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the affirmative. 21 JANUARY 10 2002 Mayor Failace asked what they were going to do about the holidays. Councilmember Santoro asked the Mayor if he had a problem with them having switched Election Day. Mayor Failace said that was one they did before. Councilmember Santoro said they were going to move the custodians over to Tony Neibert from Patrick DeBlasio. Councilmember Rios said that one of the residents, George Malek, is RE: HANDICAPPED putting in for a handicapped parking space. PARKING G- MALEK Mayor Failace said he already put in for that and he thought it was turned down once before. Councilmember Rios said that Mr. Malek said he just submitted it again. Councilmember Reiman said he spoke to him and he advised him to re-apply. RE: FIREFIGItTER Councilmember Sohayda reported that he wanted to make a OF THE YEAR commendation for the next meeting for Joseph Gadomski. His peers J GADONSKI have nominated him as Firefighter of the Year. He has about seven letters of recommendation and per a request from Brian O'Connor. He said he would like to have a moment of silence for Neil Zullo who passed away. He said he applied to the State for a Grant. He said the Borough has not done that in years. It is a direct grant from the General Accounting part of the State. It has no major type name or funding label to it. It is strictly for volunteer fire company equipment. Last year South Amboy got $10,000.00 for bunker pads, Sayreville got $10,000.00 for radios. Mayor Failace asked if they applied for it. Councilmember Sohayda replied no. According to what he has been told he was just notified about it He didn't think anyone previously had been notified that it was available. He then asked the Mayor and Council if they received a copy in their mailboxes. He said that the Volunteer Firefighters need pagers, batteries and radios. The radio system is quite antiquated. They are again requesting 10 sets of turnout gear. He said he knew they bought some last year and that is approximately$12, 000.00 expenditure. There is also a request for 16 radios besides any parts that they can get. Mayor Failace said that they have to take a look at their budget because this could be a difficult year. He said he would be happy if they got the same amount of money from the State. It is something that we have to look at and maybe we can do parts of it. Councilmember Sohayda said he knew it came out of the general budget. He said he felt pretty confident about this grant and that would pretty much take care of the monitors and pagers. Other than that, there is a swearing in on Saturday at noon. Mayor Failace asked if there was a time change. 22 JANUARY 20, 2002 Councilmember Santoro replied it was noon originally and then changed to 7:00 P.M. Councilmember Sohayda said that Brian O'Connor is requesting throughout the 2002 Year to add one firefighter. He said he believed it was for the Emergency Medical Services. Councilmember Parisi reported that he spoke to Ted Surick about a few things. According to them, they were not notified until they were almost in, around 7:00 A.M. They sanded the main roads and by the schools. He said he also spoke to him about Nathan Hale School. He then spoke about the School Crossing Guards at a Council Meeting, they were concerned about the school and he said he went there RE-' CARTERET AI/E. CROSSWALKS himself. He spoke to (inaudible) about getting a price from the contractor who did the crosswalks at Carteret Avenue because they are a lot more permanent. The paint or whatever they use is going to last a lot longer according to John Riley. If they painted it themselves it wouldn't have lasted. They are going to get prices and see what it would cost to get permanent crosswalks by Nathan Hale and possibly do other things. Certainly there are some things by Nathan Hale that are concerns. They are going to put a 15-mph zone for the beginning and end of the school day, 8:00 A.M. to 9:30 A.M. Mayor Failace said that is a County Road. Councilmember Padsi replied that he knew he had to go through the County to do that. Councilmember Rios said they were long over do on a lot of the crosswalk signs. Woodbridge has these signs and it is nice to see them. Councilmember Parisi said he was thinking of putting those post right in the middle of the street too because that slows a lot of people down. You are talking about the yellow signs .. Councilmember Rios said that is a crosswalk and when you are driving you are supposed to yield to pedestrians. This is something that we should have had years ago. Borough Attorney Robert Bergen said they should check with Don Norbut. You may need a change order on some of your existing contracts that have crosswalks painted on them. Councilmember Santoro said they are all residential. Mayor Failace asked how they would salt. Councilmember Parisi replied that they did not use a lot of salt. He said he tried to ask Teddy how they document what they use and he said that it isn't something that they do. He said its tough to measure that. We didn't use a whole lot, he just did what he had to do. He then said he would like to have a meeting with him and our committee some afternoon, he'll call Ted Surick and find out. He asked if Wednesday would be the best day. He then said he wanted to talk briefly about the Parks. Councilmember Santoro reported about the drag arrest from the previous week at the Holiday Inn. They confiscated over 200 pounds 23 JANUARY 10, 2002 of marijuana, $160,000.00 in cash and there is a possibility that the Borough may be able to keep 75% of it. Mayor Failace said they could use that money for the pier. (At this time there was much laughter) Councilmember Santoro said they had a Police Committee Meeting that morning to start reviewing the budget. Se said she thought it went very well and they are trying to keep it at the lowest increase from last year because of what is coming up. Once they have a chance to go over it again we feel pretty conformable with the numbers that we have. As far as Channel 36, evidently we're up there but we are not doing anything with it. She said she didn't know who was supposed to do anything. Councilmember Santoro said she called Jack for the status of it and we need somebody to instruct us on how to post the bulletins up there. She said they were going to do a Community DISCIJSSION Service. Mayor Failace asked if they could just call Comcast and find out what we have to do. Councilmember Santoro said no. If they are going to do this we should have someone come in and show us what needs to be done for a few individuals so it is done correctly. Then we'll be able to do it ourselves. If we are going to do this correctly we need someone to come in and do it. Councilmember Reiman said he thought they should set a policy on that. When he and Jack touched base with someone from Comcast there was a potential to generate some revenue through advertising. Obviously there would be no charge to seniors or Civic Groups. If local businesses advertise then we can generate revenue. Councilmember Santoro said there are still two more things that need to be done. We still need to know how to post our own things up there. Councilmember Parisi said he thought that one of the computers in the Clerks office could do that. Municipal Clerk Kathleen Barney said it was more detailed than just doing that. Councilmember Santoro said they just need to get this thing up and going. At the same time, if we are going to set a policy about what is going on there.. She then asked Councilman Reiman what he wanted to do with that. Councilmember Rios said to give it to all the Clerk Typist in the Clerks Office. Can't we give them that additional duty? Councilmember Reiman said they are not going to transcribe verbatim. The Municipal Clerk takes notes and tapes will be available. We are not going to transcribe word for word. Mayor Failace said he thought they already stopped transcribing word for word. 24 JANUARY 10~ 2002 Councilmember Santoro addressed the Municipal Clerk and said that about one year ago they spoke about looking into having a general calendar where we can all call her about meetings and things that are coming up for the week. This way we can make one call to her to find out, for instance, when the Turnpike meeting was or when a meeting with Comcast was. Could we set that up on the Intemet? Municipal Clerk Kathleen Barney said they could do it. Councilmember Parisi asked if the could do it better. He asked if it was possible to have the information a week in advance. Mayor Failace said it was not something that was set in stone. Councilmember Parisi said he understood that but if there are meetings this week or maybe like a two-week planner and these meetings are coming up in the next two weeks. If you know that there is going to be meetings in these two weeks and everybody has a copy of that .. Mayor Failace said we could do that but it would also be up to us to check with the Municipal Clerk whether anyone had said they wanted to set up something else or another meeting. Municipal Clerk Kathleen Barney said there are a lot that she doesn't even know about. Mayor Failace said that was what he was saying. Councilmember Santoro said there is a reason for that. Councilmember Parisi said he thought the Municipal Clerk should know.. Borough Attorney Rob Bergen said he hoped by next Thursday, he will have an appointment for an independent Hearing Officer to handle the Election Day incident with Daphne Miles. He said he would not RE: D. ['IILES have that information tonight but he is hoping to have it for them in INCIDENT enough time for the next meeting. He said before Jack Fazekas left, he wanted me to find out if they could do a Consent Agenda and you can with voting procedures. You can vote on your Resolutions as a group at one time. If there is a problem with any of them you can just make a motion to pull them and have that one voted on only. Councilmember Reiman asked how that could be listed because he saw it at the County Reorganization and they had the Consent Agenda listed. There were about fifteen resolutions at the Consent Agenda and then there were resolutions that there were questions about that somebody didn't want listed. Councilmember Parisi said they could actually decide tonight, which "-- block that we wanted. If there were certain ones that we didn't want.. Borough Attorney Robert Bergen said on that particular evening you could also say or the Municipal Clerk could ask if someone wants any of these resolutions voted upon separately and you can do it that evening. 25 JANUARY 10, 2002 Mayor Failace asked how that would work with the Public. He then said he went to one in Linden, New Jersey and it was done differently. They didn't say they were open on all of (inaudible). Councilmember Santoro said he has to open on all this. Mayor Failace said they do it differently. Borough Attorney Robert Bergen said you don't have to allow the public to speak at any meeting on any topic. If you want them to speak before the meeting before you vote on the Resolutions because they don't know whether it is a Consent Agenda or not. If you are going to DISCUSSION vote.. Mayor Failace said they will open it up to them before we do the consent or any other things first. Councilmember Santoro said it was a great idea. Instead of doing each vote individually, we're voting on it. Every individual, if there is one that you don't want to vote on.. Borough Attorney Robert Bergen said what you can do if you prefer, have either the Municipal Clerk or the Mayor read off the titles to the Resolutions. Councilmember Parisi said they would like to do this by next week. What they would say is "Resolutions one through sixteen are" and then vote. Councilmember Reiman said to make the motion tonight and amend the rules of Council. Borough Attorney Robert Bergen said he didn't look all the way down what you did on January 1st but if you want to make a motion tonight to amend the rules of Council to allow for Resolutions to be voted on by Consent of all the Councilmembers. Mayor Failace asked if they would do that by Resolution. Borough Attorney Robert Bergen said they didn't have to do it by Resolution but it can be a resolution but it is your motion. PUBLIC Upon MMS&C, by Councilmembers Reiman and Parisi and INPUT ON tmanimous affirmative vote of the full membership present, the RESOLUTION meeting was opened for public input on Resolution #02-22. #02-22 RESOLUTION#02-22 RESOLUTION #02-22 was introduced by the Mayor and referred to TO AMEND THE the Council for action RULES OF COUNCIL Upon MMS&C, by Councilmembers Reiman and Santoro RESOLUTION #02-22 "RESOLUTION TO AMEND THE RULES OF COUNCIL" 26 JANUARY 10, 2002 was adopted. Upon individual roll call vote, Councilmembers Padsi, ADOPTED Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the affirmative. There being no comments or objections to the Resolution, the Mayor PUBLIC HEARING declared the Public Hearing to be closed, upon MMS&C, by CLOSED Councilmembers Rios and Reiman and unanimous affirmative vote of the full members present. Borough Attorney Robert Bergen said he had just one last thing concerning the Planning Board. They want to review the Redevelopment Plan. We passed a resolution a long time ago referring it to them. He asked if they ever got a copy of it. Mayor Failace said the only thing we passed is the boundaries. Councilmember Reiman said the Council adopted the actual Redevelopment boundaries also and we forwarded it back to the Planning Board. Borough Attorney Robert Bergen said he wanted to advise the Council that the Planning Board that they have only forty-five days in which to act. If the Council wants to grant them more time but you don't have to give them more time to review the plans. It has already been referred to them by Resolution. Councilmember Reiman said he thought it would be a better route that the Redevelopment Agency has taken so everybody knows to go out DISCUSSION and ask for a proposal. This way, a developer can come in and say what they think is the best. If we actually adopt the plan they have to follow the plan. They are not going to adopt the plan or text a developer can come in and say this is what they should do. Councilmember Santoro asked what they are saying they received. Borough Attorney Robert Bergen said he didn't have the letter with him but it came from (inaudible) and basically they requested a copy of the Redevelopment Plan to review pursuant to the statute. Councilmember Santoro said Mr. Mancuso had that plan in there over a year ago. She said she remembers him coming to a meeting and she must be on the minutes asking because she didn't have it at that time. When she went to ask for it John Riggio told her he had the copies. Mayor Failace said he was talking about the whole board not having a copy. Councilmember Santoro said the Chairman had that plan a year ago. She said she thought it was up to him, at that time, to speak to his board. Borough Attorney Robert Bergen said as a Councilmember he wanted to advise her that she passed a Resolution (inaudible). You complied to the statute. Councilmember Reiman said they are supposed to look at readopting an Ordinance delineating the Redevelopment area for the Borough Landfill Project. 27 JANUARY 10, 2002 Borough Attorney Robert Bergen said they don't have to do that because the statute as it existed didn't require Planning Board action at that time. It does not have to be referred back again. Councilmember Reiman asked if they are happy with the boundaries. Borough Attorney Robert Bergen said it depends on what existed before. He said he doesn't believe they can give it a position right now that is going to have to (inaudible) to them. He said both Chuck and he reviewed the statute and at that particular point in time the map wasn't referred to the Planning Board. The reason the previous Council never did it, assuming they didn't know they had to do it (inaudible). TRANSCRIBER" S At this time the tape malfunctioned. NOTES RESOLUTION #02-23 was introduced by the Mayor and referred to RESOLUTION the Council for action #02-23 TO GO INTO Upon MMS&C, by Councilmembers Reiman and Santoro CLOSED SESSION RESOLUTION #02-23 "A RESOLUTION TO GO 1NTO CLOSED SESSION" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Parisi, Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the affirmative. OPENED TO THE At approximately 10:03 P.M. upon MMS&C, by Councilmembers PUBLIC Reiman and Sosnowski and unanimous affirmative vote of the five (5) members present, the meeting was opened to the public. Councilmember Reiman said he had the preliminary report on the DISCUSSION Sewer Rate Study. We are not breaking even on Industrial Rates. If we go up 10% Industrial won't have to touch residents. Councilmember Santoro said the Industrial rate should have been raised two (2) years ago. Councilmember Reiman said six (6) classifications should remain except for schedules and Churches. ADJOURNED At approximately 10:12 P.M. upon MMS&C, by Councilmembers Rios and Reiman and unanimous affirmative vote of the five (5) members present, the meeting was adjourned. Respectfully Submitted, N M. BARNEY, RMC/~<M~ ~ Municipal Clerk KMB/apm 28