Loading...
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 4 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. 5 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. 7 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 9 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 10