HomeMy Public PortalAbout2002/04/11 AGEI~)A ~TING
The Agenda Meeting of the Mayor and Council of the Borough of
Carteret preceding the Regular Meeting, April 18, 2002, was held APRIL 1I, 2002
on April 11, 2002, 7:00 P.M., Municipal Court, Police Facility, 230
Roosevelt Avenue, Carteret, New Jersey.
The following were noted present: PRl~l!lgr
Mayor James A. Failace
Councilmember Frank Parisi
Daniel Reiman
Janet Santoro
Brian Sosnowski
Noted Absent were Councilmembers Rios and Sohayda.
Also noted preset was Borough Attorney Robert Bergen.
Mailed to The Home News Tribune, The Star Ledger and posted STATDIDgr OF
on the bulletin board on April 5, 2002. ~ZTII~ hl3rrlCl!
a) Pastor Dickerson. - Spoke about being disappointed on The
Carteret Little League not having games at Chrome Park. He BODY
said he had not seen any of the things related to violence, drugs
and criminal activity in the two (2) years he has been Pastor in Pastor Dickers. on
Peoples AME Zion Church. He said the park is monitored
excellently by the Carteret Police Department, making it safe
and then stating if it is not considered safe for the Little
League, then it is not safe for anyone. He encouraged the
Mayor and Council to review thoroughly and review the legal
ramifications and outright displeasure of the residents of the
Borough. We cannot decide to hold games in one part of town
and then decide, without logical reason, not to hold games in
another part of town. It is not fair, right or legal. They should
not turn down the offer of the MCOC. There is an effort to
make some improvements and it is a token of working together
so that we can enjoy Chrome Park as a Carteret Community
and he encouraged the Little League to rethink its decision to
play a few games there and it will bring us together.
At approximately 7:05 P.M., Councilmember Sohayda was noted Couneilmeml~c Sohayda
present. Noted Present
Mayor Failace said he agreed with him and said there was a
suggestion that some make up games be played down there since
hPRIL 11, 2002
Pastor Di_ckersOn the schedule was already made. He explained that a couple of years
ago there was a fight in the park and they said they heard that some
Cant: one had a gun on them. He said there was no evidence that had
happened. He commented that there is fights in all the parks.
Councilmember Santoro suggested setting up a meeting about this.
Mayor Failace agreed and so did Pastor Dickerson.
Borough Engineer's b) Borough Engineer - Donald Norbut then read his report. He
Report spoke on the 2002 Road Program, the 2002 County Overlay
Program, the Carteret Avenue Pedestrian Improvements, Milik
Street Rehabilitation.
Road Project Don Norbut said before moving on with the Road Project he had
been asked to come up with a final list of the roads and he has that
with him this evening. He said he has added Barlick Street to this,
which should increase the project cost of $20,000 to $30,000. He
also said to be considered at our next meeting, and he did a
separate letter on this, is the design phase work for the Road
Program for Barlik Street, which was not in there.
Mayor Failace asked about Oakwood Place, off of Oakwood
Avenue, which is a mess.
Don Norbut told him, according to Patrick De Blasio, the dollars
for that are not available. He commented that next year it should be
a definite.
Attorney Bergen said if the work for those roads was approved
they should start to contact the Utilities and see if they want to do
any work on those roads.
Nayor Failace, Mayor Failace told Don Norbut before he goes on with his report
Re: tt C Rawi_sed he wanted to speak about something because he had to leave the
Open Space Master meeting for a short while. He said he received a letter from the
Plan Freeholders, in reference to the Municipal Guide, for Inclusion in
the Middlesex County Year 2002 Revised Open Space Master
Plan. It is referencing that if we would like to add some properties,
that they could possibly purchase from us and keep as Open
Spaces, it has to be done by the 26th Of April. He said he would
have the Assistant Clerk make copies of it and they could all read
it and make a decision.
Nayor Failaee At approximately 7:20 P.M., Mayor Failace was noted absent.
noted Absent
Se~er projects Don Norbut then moved on to the Sewer Projects which were,
Suspect Area Sewer Separation.
APRIL 11, 2002
Attorney Bergen said some of the Suspect Area Sewer Separation Saleer Projects Cont:
had to be discussed in Closed Session.
Don Norbut went on to report on the Harrison Avenue Pump
Station, Roosevelt Avenue Pump Station, Roosevelt Avenue Pump
Station Control Upgrades, Sewage Treatment Plant Demolition,
2002 Sanitary Sewer Cleaning and Televising Program. He then
went on to speak about the Waterfront Park, Re: Phase I, Fishing
Pier, Property and Easement Acquisitions and General Items, Re:
Roosevelt Avenue Bypass, West Carteret, Hill District Storm
Sewer Project Planning Document and the Health Department
Handicapped Ramp.
Councilmembers Reiman and Santoro suggested to put the Health
Department on the top floor of the Community Center and put the
Welfare Department where the Health Department is. They spoke
on this for a short while.
Councilmember Santoro mentioned a report from Kilhm for their Killa~
projects. She asked if we were caug/~t up on these.
Don Norbut said there is some closeout paperwork that needs to be
done on that and he is going through it making sure we have bonds
and inspections.
Councilmember Reiman said we have been talking about this for a
year and four (4) months later and they still haven't completed
projects.
Attorney Bergen said it is an issue with the contractor finishing the
work and they contend it is punch list items and the other people
contend it is outside the scope of the contract.
Donald Norbut said he didn't think there was anything substantial
there.
Attorney Bergen said he expects the Underground Storage Tank
one to be resolved. We have to release the liens over to Patty. He
said the large ones will be the D.O.T. Contracts. We will have to
determine whether they are Punch Lists or outside the scope of the
contract.
Councilmember Reiman asked Don Norbut if he recommended Parking, Re:
fifteen (15) or maybe an hour parking along Washington Avenue Washington ~,ve.
and commented that he did see an hour parking sign on
Washington Avenue recently.
Don Norbut told him he had this on his list to follow up on.
Councilmember Parisi questioned number one (1) on the Road Road Progr~n
Program, asking if the figures should add up because they don't.
The Construction added up to $130,000.00 and should be
$140,000.00.
APR~. 11~ 2002
Road Progr~n Cont: Don Norbut said he will make the correction.
Councilmember Reiman asked about how much of this is being
openly funded.
Don Norbut said approximately $250,000.00.
Councilmember Reiman explained to the Council, so they would
be aware that the Bond Ordinance they will be looking at next
week, out of the $500,000.00 or $550,000.00, that it may be,
$250,000.00 will be fully funded through the Capital Improvement
Fund. $300,000.00 will be the bond.
Don Norbut said he was successful working with the D.O.T. and
they are taking the Mulberry Street Improvement, which is about
$40,000.00 and including that in the D.O.T. Grant, which it was
not previously part of.
Attorney Bergen asked if it was the Discretionary Grant.
Don Norbut said yes.
Attorney Bergen then asked if it was correct that it wasn't going to
be a complete reconstruction.
Don Norbut said a portion of it will.
Councilmember Reiman said the $160,000.00 is the D.O.T. Grant
and we are paying the other $200,000.00.
Don Norbut said the $219,000.00 is the D.O.T. Grant for Terminal
and the $160,000.00 is the D.O.T. Grant for Hagaman.
Olil)IlO3K~ ~32-10 First Reading
Capital I~prov~ent
Re: fimhulanc~, Bucket #02-10 Capital Improvement, Re: Ambulance, Bucket Truck and
Truck and Waterfront Waterfront Project.
Project
Councilmember Santoro asked what was the amount on this.
The Assistant Municipal Clerk stated that Patrick De Blasio would
not have that amount until next week.
Councilmember Santoro then asked Councilmember Reiman what
they were looking at.
Councilmember Reiman said as it stands now, $550,000.00.
$250,000.00 to $300,000.00 is fully funded and the remaining
amount of that would be funded at an actual bond for over twenty
(20) years. He said what they were waiting on and the reason they
don't have a number on this is, we were going to wait on Tuesday,
for the bid opening of the Waterfront Park and then Thursday, at
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APRIL ll, 2002
the Council Meeting they could discuss it and if we are only short Ordinance ~1~02-10
$58,000.00 or $100,000.00 we should add it to that. gout:
Councilmember Santoro said Brian O'Connor has the opportunity
to buy two (2) new ambulances for $138,000.00.
Attorney Bergen asked if Patrick was going to do all three (3)
items in one (1) Bond Ordinance.
Councilmember Reiman said the Bond Counsel said it was fine.
Directing the Issuance of Various Bingo Licenses. RESOU/rlO~S
Directing the Issuance of Various Raffle Licenses.
Refund of Tax and/or Sewer User Fees.
Amendment to 2002 Temporary Budget.
Authorizing Various Contractors to Perform Rehabilitation of
Homes Pursuant to COAH Regulations
Directing the Issuance of a Taxicab Owners License Pens Ram
Trading.
Directing the Issuance of a Taxicab Drivers License Dennis
Gomes/Pen Ram Trading.
Mayor Failace l~oted
At approximately 7:45 P.M., Mayor Failace was noted Present. Present:
Taxicab Resoluti_ona
Councilmember Santoro asked what was the concern on the
Taxicab Licenses.
Councilmember Reiman said the question of concern was people
operating currently in town were not licensed and it turns out they
are being operated as a limousine with an omnibus plate.
Authorizing Bids for an Ambulance. The Governing Body agreed
to put this on for the Council Meeting.
Attorney Bergen said they have the additional $7500.00 from Don Barlick
Norbut for the design for Barlick Steet and asked if the Governing
Body wanted him to put that on for the meeting.
The Governing Body agreed.
Attomey Bergen asked if he should put on Cultural Resources and Cultural Re. sources
& ~m/'Green
Amy Green. The Governing Body agreed to put this on.
Attorney Bergen said he had a couple of Special Service Trash Train
Resolutions to resolve the outstanding bills on the Trash Train Litigation
Litigation. There is documentation on the bills and he does not
know the exact amount.
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APRIL 11, 2{302
Beacon Planning Attorney Bergen said he also has one on that he will probably
propose in regard to Beacon Planning, who was retained by the
NJIT. He want to keep them on for that project for the Borough
and get them out of the NJIT and get them consulting directly for
us so we can control some of the work they are doing. He needs
them to do some additional follow-up work.
Board of Health -March 2002.
REPORTS Inspection of Buildings - March 2002.
~t~rre~S FO~ MATTERS FOR DISCUSSION:
NJ DOP Certification of Eligibles for Appointment - Traffic
NJIIOP - Maintenance Worker. Date of Disposition, 7/1/02.
Traffic
Maintenanc~
Worker Attorney Bergen asked if we gave them help or did we give them
the official title.
Councilmember Reiman said we gave them salary and position but
we haven't given them the Civil Service Title.
Mayor Failace asked if the titles were for Laborers.
Councilmember Reiman said yes, but they had a Traffic
Maintenance Salary.
Councilmember Santoro asked if that was different from the
Laborer.
Attorney Bergen said they could make an argument that they are
working out of their class.
Mayor Failace said to discuss this more in Closed Session.
Schoor DePalma, Schoor DePalma - Request for additional funding, $2355.78, Re:
Re: ~titional Redevelopment. Councilmember Reiman said this is not for the
Funding new Redevelopment Area, it is for the Turnpike Redevelopment
Area and then he asked Attorney Bergen if this would bring them
up to what we owe them.
Attorney Bergen said this will bring them what we owe them.
ABC Violation, ABC Violation - Robe and Gavel Enterprises, L.L.C. - This is
Re: Robe & Charlies Angels. Attorney Bergen said the State has told him that
Gavel Enterprises, there are some ABC Violations they are doing investigations on,
LLC so he questioned if this was one of them.
APRIL 11, 2002
Councilman Rios: Councilman Rios
a. Dr. Singh, Board of Health, Re: Meetings.
b. Handicapped Ramp, Re: Board of Health.
c. Woodbridge Truck Detour, Re: Roosevelt Avenue.
The Assistant Clerk said that Councilman Rios told her he would
be absent but would like the Governing Body to discuss the above
three subjects.
Councilmember Reiman said he spoke to Councilmember Rios and
he took off(a), and they already discussed (b) and (c).
Attorney Bergen said Councilman Rios had asked him to put Elqr, Re: Job
together a job description for the EMTs. He said the Clerk had told Description
him it would be created by resolution, not ordinance.
Councilmember Santoro said they could do the salary range by
ordinance.
Attorney Bergen said the titles are already created by Civil
Service, we just have to recognize them. First we will create the
title by resolution and then do the Salary Ordinance.
BUS1NESS TO BE ADDED: BUSINESS TO BE ABOED
Councilmember Reiman said in reference to the Ordinance, the
Councilman Reiman
$300,000.00 is fully funded through Capital and that is for the
remaining part of the Street Project and the other $250,000.00 is
for the Ambulances and Bucket Truck, but we will wait for the
number until Thursday in case they may need anymore money for
Phase I of the Waterfront Project.
Councilmoanber Sant. c~o
Councilmember Santoro said Finance has talked about putting a Toinporary Clerical
job description together for Temporary Clerical Employees. Employees
Councilmember Reiman said he spoke with Mr. Bergen earlier and
Finance and we do have a couple of positions open. He questioned
if they should be posted.
Attorney Bergen said he would like to discuss that in Closed
Session.
Councilmember Santoro said she has about four (4) subjects to
discuss in Closed Session ....... Personnel, etc.
Councilmember Parisi said Opening Day for Little League and Cornacilman Parisi, Re
Softball is going to be this coming Saturday and he us not sure of Opening Day
the time. Then he asked if they are doing anything with the Internet
Site or the Local Access Channel.
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APRIL 11~ 2002
Attorney Bergen said they had appointed Jack Fazekas to do this as
a volunteer.
Mayor Failace said they certainly need to move on that.
Open Space Fund Attorney Bergen said he talked about he (inaudible) Fund out of
the Open Space Fund and he said this was about the Bond
Ordinance that was approved by the voters. If you look at Section
B, it says the funds accumulated within the Trust Fund may be
utilized only for the acquisition of land or the development rights
of land for active or passive recreation including appraisals and
other items of expense, permitted by law, in connection with the
acquisition, or as down payment for the issuance of bonds. Based
upon that you cannot use the money for anything else other than
acquisition or development rights of land.
Mayor Failace asked Attorney Bergen if the Clerk gave him a copy
of the question.
Attorney Bergen said she told him this is what was voted on and
that he had not actually seen a copy of the question. He said
ultimately they need a "Dedication by Riders." He said they cannot
spend any money unless it is appropriated in the budget and one of
the exceptions to that is a "Dedication by Rider" so if during the
course of the year you want to spend $50,000.00 out of this
account and you don't have it in the budget, you can do a
"Dedication by Rider" for that account so it can be charged
directly to that account even though it is not appropriated in the
budget. The "Dedication by Rider" talks about acquisition,
preservation and improvements to open space, but this is merely a
resolution authorizing the expenditure and it cannot supercede the
ordinance, particularly when it was voted on by the voters, so that
is really the problem. Under the statute, in addition to those items,
you can also put on development of lands acquired for recreation
and conservation purposes as one of the uses. Development is
explained to be "any improvement to land acquired for recreation
and conservation purposes". He said he will do a memo on this and
he will send it out to the Bond Counsel.
Washington Ave. & Councilmember Santoro asked about the Intersection of
Roosevelt Ave. Washington Avenue and Roosevelt.
Intersection
Attorney Bergen said he wanted to ask Don Norbut about this
because we sent him the proposal and the County Engineer said he
did not receive it and he wanted to make sure Don sent it to him
and see if they had any conversations and if the County wanted any
changes to the proposal from Maiser.
South Shore PropertiesC°uncilmember Santoro mentioned South Shore Properties.
Attorney Bergen said Don Norbut is supposed to be meeting out at
South Shore Properties. He said according to the attorney for the
property owner he is going to do what we want so he asked Don to
APRIL 11, 2002
get out there and see how much dirt it is so we can put together an South Shore Ptnt'ert[~
agreement to get out there. Cont:
Councilmember Reiman said they are in violation. The Planning
Board ordered them to remove all the fill.
Attorney Bergen said he reviewed the file and they were fined
once in the fall and they were allowed to the Spring to remove it
and their fine was in failing to abide by the Site Plan Approval that
was granted by the Planning Board and they had no intentions of
moving ahead so they are not really in violation of that Site Plan
other than to remove that dirt. They have been fined and they
haven't removed the dirt, but they are not looking to come back
and do anymore work, other than that Site Plan. The violation that
they were issued was failure to abide with the Site Plan. It was
given to the spring and he is confused as to why it was never
brought back to court.
Councilmember Santoro mentioned unfit buildings. Unfit Buildings
Attorney Bergen said they received a letter from Tony Neibert with
regard to that and it is the first phase of the statute to adopt an
ordinance that complies with state statute. You need the
determination that there are houses with that condition, so he asked
Mr. Neibert to go out and prepare a report for the Council and he
did that and now there will be a resolution they will adopt
authorizing us to draft an ordinance as a result of that finding of
the Construction Code Official.
Councilmember Santoro asked if the Master Plan could be t~'~ster Plan
something they could present to the UEZ about possible funds
coming out of there for the Master Plan for the area.
Mayor Failace said they might be able to do a portion of it.
Attorney Bergen said he thinks the town has already utilized all the
soft costs allowed for the town.
Mayor Failace said they would have to talk to John Riggio about
that and Attorney Bergen agreed.
Councilmember Santoro said they would find out, so if there is
something they could use they could recommend it and get started.
Mayor Failace said he received a letter today from Mr. Tomczuk in Memorial Bay ,?emriom
reference to the Memorial Day Services.
Attorney Bergen said they all got copies.
The Mayor then asked to go into Closed Session to discuss Mayor Failace, Re:
Personnel, Negotiations and Litigation. Closed Session
Upon MMS&C by Councilmembers Sosnowski and Reiman
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APRIL 11, 2002
RESOLUTI~ # RESOLUTION #02-136
02-136
~OJ TO GO "RESOLUTION TO GO INTO CLOSED SESSION"
Adopted was adopted. Upon individual roll call vote Councilmembers
Parisi, Reiman, Santoro, Sohayda and Sosnowski voted in the
affirmative. Councilmember Rios was noted Absent.
At approximately 8:10 P.M., this meeting was closed.
Upon MMS&C by Councilmembers Sosnowski and Reiman and
unanimous affirmative vote of the five (5) Councilmembers
present this meeting was opened to the public at approximately
9:30 P.M.
Upon MMS&C by Councilmembers Santoro and Reiman and
ABJOtlRNI~ unanimous affirmative vote of the five (5) Councilmembers
present this meeting was adjourned at approximately 9:31 P.M.
Respectfully submitted,
LINDA A. RIVERA
Assistant Municipal Clerk ~
LAR
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