Loading...
HomeMy Public PortalAbout2002/05/09 MAY 9, 2002 An Agenda Meeting of the Mayor and Council of the Borough of AGENDA MEETING Carteret proce, ~ding the Regular Meeting of May 16, 2002 was held on May 9, 2002, Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. PRESENT The following were noted present: Mayor James A. Failace Councilmember Par/si ,, Rios ,, Reiman Noted absent were Councilmembers Santoro, Sohayda and Sosnowski. NOTED ABSENT Also noted absent was Borough Attorney Robert Bergen. Statement of Meeting Notice was mailed to the Home News Tribune, STATEMENT OF MEETING NOTICE The Star Ledger and posted on the bulletin board on May 3, 2002. At approximately 7:05 P.M. Borough Attorney Robert J. Bergen was BOROUGH ATTORNEY NOTED PRESENT noted present. -- At approximately 7:10 P.M. Councilmember Santoro was noted COUNCILI~OMAN SANTORO - ~,DI~I} ~ present. At approximately 7:15 P.M. Councilmember Sohayda was noted COUNCILMAN SOHAYDA NOTED PRESENT present. To address Governing Body - a) Borough Engincar - TO ADDRESS BODY - BOROUGH I. Road Improvement Projects a)' 2002 Road Program - Borough Council needs to pass a resolution for the NJDOT to combine funding for the Hagaman Street and Terminal Avenue improvements. The $300,000 Discretionary funding will be combined for thc 2002 Road Program. b) 2002 County Overlay Program - The project has been advertised for bids. Bids will bc received on May 23, 2002. c) Carteret Avenue pedestrian Improvements - if T. Grosso & Sons does not agree to complete thc punchlist within the next two __ weeks (5-23-02) the Borough Engineer will recommend the Borough Council hold a bond default hearing. d) Milik Street Rehabilitation - final paving from the Conrail Railroad to Blair Road is scheduled to be complete within the next two weeks, i llis must be coordinated with curb work that is being constructed by Nu-World, Inc. 1 MAY 9, 2002 II. Sanitary Sewer Projects BOROUGH a) Suspect Area Sewer Separation - there will be final paving ENGINEER (nON'T) the week of 5-6-02. Final concrete work and punchlist work will be completed the week of 5-13-02. b) Harrison Avenue Pump Station - the installation of a new wet wall and building foundation has been completed by A&J Construction. c) Roosevelt Avenue Pump Station - Standard Industrial Services has ordered equipment. It is anticipated that construction will be within the next few weeks. d) Roosevelt Avenue Pump Station Control Upgrades - per Borough Council authorization they are proceeding with design work for replacement of the main control panel and the VFD's at the station. e) Sewage Treatment Plant Demolition - Double Edge Contracting has stepped up its efforts over the past two weeks and is making progress. The completion date of the project is 5-25-')2, which is two weeks away. The Borough Engineer said there is a concern that all the contract work will not be completed by the deadline. Councilmember Rios said he had concerns in the above referenced COMMENTS matter. We were concerned with the difference with the bid and this guy assured us that he would give us a great performance by his non union employees. He is also concerned about safety issues. He then said he would ask the Borough Attorney what they could do to make sure this is expedited and that we can legally recoup any monies in an efficient manner. You have people that go there to dump garbage and people can get hurt. He wanted them to pursue this and enforce this guy and make sure that he lives up to his contract. The Borough Attorney said with that particular letter he made a file immediately with the Borough Engineer to see where we are going. He asked if they were back on tract from the last meeting. The Borough Engineer replied yes, they are making up for lost time and he still predicts that they are going to go over the May 25th contract completion date. The Borough Attorney asked by how much. The Borough Engineer said at this point a couple of weeks. The Borough Attorney said he knew that the Borough Engineer put them on a liquidated damage control already because he saved that letter too. What we do is basically put them on notice and then whatever damages we suffer we can go after them for that. The Borough Engineer said the safety issues were mainly when the building was starting to fall apart. Now that the building is down, the safety issues are under control. The Borough Attomey said that was what his understanding was when we talked that everything in terms of safety were pretty much okay. 2 MAY 9, 2002 The Borough Engineer said when they came in on Saturday, they (inaudible) on the firefighters without any supervision. We were concerned that they buffed some concrete down there so we had them test it and we're sure they used the proper material. Mayor Failace said the Councilman's concern is a valid one. We have COMMENTS to insure that. But he also thinks that we have to do everything we can (CON 'T) but if it ends up being two weeks .... Councilmember Reiman said they have to look at the overall picture. Councilmember Rios said he understood that and he agrees that if it is going to be a short time period he doesn't have a problem with that. What happens when these contractors, they all have the same syndrome, that when the deadline comes they are beyond that. In the future if we have a settlement that could be a problem. Why would someone go there on a Saturday with no supervision? He said it makes him a little apprehensive. The Borough Attorney said they realize they are behind on the contract and they don't want to get hit with liquidated damages so they think they can sneak in too. The point that we had earlier on was not a question of wanting them to do the job he just had some serious questions about whether under the bidding laws we had enough information to reject their bid and not wind up in Court over it. Generally, you have to award to the lowest bidder ... Mayor Failace said it seems as if the Borough Engineer certainly sounds like he is on top of it. You have remedied that problem so we'll continue to do the same thing. f) 2002 Sanitary Sewer Cleaning & Televising Program - they BOROUGH ENGINEER said they have obtained three quotes and the lowest is from Oswald Cleaning. We recommend the Borough Council award the contract to them to clean and televise various sewers included in the 2002 Paving Program. III. Waterfront Park The Borough Engineer reported that on 4-16-02 six bids were received for the Waterfront Park Project. Reicon Group of Staten Island, New York was the lowest bidder, with a base bid of $2,131,155. They received references and they are satisfactory. On May 30, 2002, the Council Agenda Meeting, a formal award of the bid will be presented. Councilmember Santoro asked if that funding was dependent on Green __ Acres money? The Borough Engineer replied that Green Acres for that Waterfront Park project is in place. Councilmember Santoro said no, the old money. The Borough Engineer replied no. MAY 9, 2002 Councilmember Santoro said they are taking money out of....what are we doing? COMMENTS Mayor Failace said he assumes it is the 985 .... Councilmember Reiman replied that seven hundred thousand dollars that we just bonded for. Councilmember Santoro said the new grant that they filed for this year. The Borough Engineer said that would be Phase II, which is next year's (inaudible). Councilmember Santoro asked if someone from T&M filed for Green Acres. Councilmember Reiman said to remember that the council had a Public Hearing and we all voted on it. IV. General Items a) The Borough Engineer reported that the Roosevelt Avenue Bypass, Woodbtidge Township Engineer, Robert Simicsak had he said that Woodbridge has one major concern regarding the bypass proposal and the truck traffic. Further discussions with Woodbridge are necessary. Councilmember Santoro asked the Borough Engineer what direction was he looking at tight now. The Borough Engineer replied that he is at the point where he is still concerned about (inaudible) Omar Avenue. He said he thought they needed to convince him that Omar Avenue should be restricted to light vehicles as well. Councilmember Rios asked why they can't just restrict Paul's Trucking or whichever business is there and restticts that company only. We should ask them to restrict to light traffic only. Obviously we have no control over what Woodbridge does. The Borough Engineer said that is exactly what we should do. We should have them take Omar Avenue, restrict it and make it for local business only. Councilmember Santoro addressed the Borough Engineer and (inaudible). b) Hill District Storm Sewer Project Planning Project - the Borough Engineer said they are proceeding with the preparation of the environmental information document required by USEPA. For the consideration of the Council he has been submitting proposals for soil work. The low bidder is Mellick & Tully Associates in the amount off $12,500. RE: CARBON c) Library Emergency Generator Inspection - Borough MONOXIDE Engineer reported that Jason Abello and Captain Bill Richert o the 4 MAY 9, 2002 Carteret Fire Department test the library emergency generator and measure carbon monoxide with the building. No evidence of carbon monoxide was found in the building or undo heat in the generator room. However, there are a number of modifications they are recommending and will be included in the May 6, 2002 letter. Per your request, they will provide a cost estimate for said improvements. The Borough Attorney asked the Borough Engineer to please send him their recommendations for the work that needs to be done. d) Fiscal Year 2003 NJDOT Applications - they have received a letter from the NJDOT indicating they are accepting applications for the fiscal year 2003 funding for roadway, bikeway and pedestrian safety projects. They will be working with the Borough staff over the COMMENTS next several weeks to recommend to the Council suggesting applications. Councilmember Santoro said the UEZ meeting is coming up and she had something on Washington Avenue. She then asked if they had something for West Carteret Streetscape. The Borough Engineer asked if she was referring to the $69,000.00. Councilmember Santoro said for that yes, but the additional of what we asked for with the UEZ because she could not imagine that it was complete. Whatever the difference to complete.. Councilmember Reiman asked if they had designed a project yet? Do we want to do the pavers and the lights and put the utilities underground? The Borough Engineer replied that it was a concept that was done. Councilmember Santoro said our meeting is probably coming up so if we could get something from the Borough Engineer and have it faxed to her. Councilmember Rios said he was curious about how much we had planned on going. Councilmember Santoro said first we can complete the (inaudible) and once we know what the cost will be it should be (inaudible). Councilmember Reiman asked if the UEZ considered the funding for the lights and pavers for Washington Avenue. Councilmember Santoro said that meeting was cancelled. -- Councilmember Rios asked if they would finish that first. Councilmember Santoro said yes, that one is already in place. This one isn't even started. Councilmember Rios asked a question but was inaudible because of loud whispering between the Borough Attorney and an unidentified person. MAY 9, 2002 Councilmember Parisi said there is a sewer project going on, Laurel Street and they are (inaudible) over there. What are the possibilities of doing something as far as milling for Carteret Avenue? Ted Surick told him they have a small milling unit that they can do Carteret Avenue in its entirety. The Borough Engineer replied that at the last meeting that it might be the roadway application (inaudible). We are talking about a very wide street so it will be costly but you could probably get funding through the OT. He said he has not done an estimate and we're only going to get around $150,000.00 and you are talking about resurfacing end to end, we'd have to do it in two phases. Councilmember Parisi asked if there was any possibility of doing the middle of each road? The Borough Engineer said he thought the concrete underlay where the joint was, there is some cracking coming up through the surface. It is causing some problems with people walking across there. You would have to probably have to clean that out, fill it and then pave over it. Again, paving the whole thing end to end and full width will COMMENTS take quite a number of Phases. (CON') Councilmember Parisi said he was not talking about full width. Is it feasible to just do the middle? The Borough Engineer replied yes. Mayor Failace said it sounds like more than just milling... The Borough Engineer said some Councilmembers don't like the large patches. They think the presentation and long term durability...but yes, you can do it. Councilmember Parisi addressed the Council and asked if they even wanted to entertain the fact of possibly seeing what it would cost or do you feel that strong that next year we will get the funding and do the whole road? He then asked the Borough Engineer how much it will cost in total. The Borough Engineer replied that the whole thing could possibly be three times that. He said that was just a guess ... Councilmember Parisi replied "WOW". He then asked the Borough Engineer to get them full concrete numbers if at all possible. We'd like to look at that because .... Mayor Failace said he wouldn't mind seeing the numbers himself because he does not think they will be able to do it curb to curb. It certainly needs to be done. The Borough Engineer said there are portions of the road that are in fine shape so maybe you'd want to pick out sections. Councilmember Parisi said he would like to see how much that would cost us if they were able to mill... The second thing is Washington 6 MAY 9, 2002 Avenue, that one spot that has been constantly paved over. It looks like it was fixed but it is not satisfactory to him. There is still a bump there and it should be smooth. Councilmember Reiman said they were at a meeting with the utilities contractor and spoke about the new road ordinance. They said it takes them six months to settle before they can come in with that special machine they use. They Borough Engineer said what Councilman Parisi is referring to is that (inaudible) technique they use so if they get a little settlement, which is acceptable. He said it is a hassle chasing them down but it has to be done. The Borough Attorney spoke and was inaudible. Can you tell from that if that will a permanent repair. The Borough Engineer said what happens is in the winter they don't want to go to the trouble of getting hot mix and dealing with it. He is talking about temporary and they have cold patch material but they do have to come back at a later date. COM/,IE~TS Councilmember Paris said the only thing, and they have discussed it, cutting curbs in West Carteret. There seems to be a lot of them, he said there was a lady that came to a Council meeting about a month ago and she was very concerned that there are not a lot of cut curbs fight on Roosevelt Avenue. He said he didn't know if they were going to address it but there is the possibility of cutting curbs ... Mayor Failace excused himself and said they do have some through John Riggio and we need to speak to him because that is part of the CDBG. We put a bunch of money off of that Grant. Now we have to talk about where we want to use that money. If we get request and we use it for those areas but maybe we can use a portion of it to do some of those curbs over there. We have four or five thousand dollars, maybe a little bit more to do some curb cutting with that. That is what we have done in the past, use some of those funds. I think we should go that route first. The Borough Engineer said what you are talking about is the same thing that we did on Carteret Avenue and we still have the pedestrian's safety category, which is totally separate from the roads for the year 2003. Councilmember Santoro said but she did think this individual (inaudible) doing their street in the meantime. Mayor Fzilace said he believes that they can do the whole thing through Community Development. The Borough Engineer said he believes Colgan and Dunster are done. Councilmember Sohayda said but he spoke to Larry yesterday, the guy in the wheelchair. He said they parked the bulldozer over there and he's not sure what they are doing. It doesn't look like they are looking by his driveway. 7 M4Y 9, 2002 Mayor Failace said they did the cutout at the end of the block. Councilmember Sohayda said he is overlooking that and saying maybe we can make it smooth by his driveway so that he can get in and out. He is not asking that they redo the driveway, it is broken up and he knows they are not going to do the whole street. Councilmember Rios asked a question but was inaudible. Mayor Failace replied no. Councilmember Sohayda said he has a feeling that it is pretty miniscule in the way he is describing it. It is probably six shovels full of patches... Mayor Failace said he was certain that they could look at thaf~vhile we are doing the comer. Councilmember Sohayda said he didn't think it would cost more than a dollar to do this. Councilmember Santoro addressed the Borough Engineer and said a few weeks ago there was a situation in West Carteret about water. COMMENTS The Borough Engineer said the only problem he was aware of and it was brought up by Mike Camevale and the fact that the catch basin right on the comer often floods. What happens is there is a three inch pipe that leaves the basin and that pipe is intentionally small to slow the water down. It is kept there for so many hours and the solids settle and some of the pollutants settle and lets is out very slowly. It controls the flow but what it does is blocks the (inaudible). CRP needs to get in there regularly and maintain that orifice. Councilmember Santoro asked if they knew whose responsibility it would be? The Borough Engineer replied that he was sure that Mike has been in touch with them on numerous occasions and after every big rainfall. He said he would let them know or send them something. Councilmember Santoro asked if he could find out. The Borough Engineer said he would make sure he knows or he will contact him. Councilmember Santoro replied right, send them something. She then said she wanted to get back to Green Acres because that was'iSne of the things she was going to ask the Borough Engineer. There is two cycles of awards and the deadlines are February and August. The Borough Engineer said he believed that they could submit an application any time of the year. They make announcements two times a year, April and October. Councilmember Santoro said the Borough is in for the first round, we flied in February for April. MAY 9, 2002 The Borough Engineer said a gentleman in his office who came that one night just contacted Green Acres and found out that the notice had been delayed. It will definitely come out this month so some time in May we should hear on whether we are getting funding. Councilmember Reiman addressed the Borough Engineer and said RE: DEP GREEN there was something from the DEP, Green Acres division and it said ACRES that more likely than not, we would have the funding. He said he spoke with John Wisniewski's office and Senator Joseph Vitale's office and they said if the Green Acres Board of Trustees actually approved the Phase II funding .... The Borough Engineer said they go through a process where the staff selects projects and makes recommendations to the legislature and it goes through a whole series of steps. Once it is approved by the (inaudible) stamped by the legislature. Councilmember Santoro said just because the next time is August, are they planning or do we have items that we are going to have to (inaudible). She then asked if they had items that they were going to keep submitting. The Borough Engineer replied that they still had a pending application for Carteret Park. -- Councilmember Santoro interrupted and said Carteret Park and also Sportsman Field, the other playground equipment; there is numerous equipment in there. Where do we stand with that? Councilmember Reiman addressed Councilmember Santoro and said they talkzd, at one point at the Agenda Meeting and he is sure that she heard about it even though she was in and out. They were going to award funding only once in a calendar year or once for every round of funding. Councilmember Santoro said they filed for Carteret Park over a year ago. The Borough Engineer said it depends. If you have a Phase Project you can get funding a few times a year. He said he saw it happen unless they changed their policy recently. Mayor Failace said the next round will be in October, they will announce again in October. The Mayor said he spoke to them about it. Councilmember Reiman said they need to push to make sure that __ Carteret Park .... Councilmember Santoro interrupted Councilmember Reiman and asked if they picked the new application over the old one? Councilmember Reiman said they didn't pick anything. The Borough Engineer said they would not tell him what their recommendation to the legislature was. M4Y 9, 2002 Councilmember Reiman said when he spoke to them and announced at three meetings and had a meeting with John Riggio. He then said he had to get the name of the individual he spoke to and she told him he already had two applications in and he told her Carteret wanted both applications. They are only going to award one ... Councilmember Santoro said they were worried because they didn't want the other one eliminated either. Councilmember Reiman said nothing has been eliminated and nothing has been awarded. Mayor Failace said nothing was eliminated. He said he spoke with Kathy Shore the day before and he was a little disappointed. He said he called up to find out where we were at and she told him that we would be receiving one and not both and 'it looks like we are going to be receiving the one for the Waterfront. He said he then asked her why not Carteret Park because he thinks the park needs to be done first. Quite honestly, she told the Mayor that Councilmember Reiman spoke to them and told her that the Council chose the Waterfront. He said he told her he was not at that meeting. Councilmember Reiman said to the Mayor that he wasn't at the DISCUSSION meeting but the Council never made a decision one way or the other. We did say that we wanted both applications although he did tell her that at the Agenda Meeting that they were only going to award one. He said that both John and himself spoke to her because she actually called, and he asked her what the likely hood would be that they could get both. She told Councilmember Reiman that they are not going to award both. You have the maximum they will award is $500,000.00. You can either get $500,000.00 for the Waterfront or potentially $500,000.00 for the other thing. He then asked what if they cut it up and ask $250,000.00 for each. Then the likelihood is that you will only get one. Councilmember Santoro asked who will determine... Do we set the priority (inaudible) for Carteret. Mayor Failace said she told him yesterday that she spoke to you and he was kind of annoyed not because she spoke to Councilman Reiman Councilmember Reiman interrupted and said that he told this Council three times that he spoke to this individual. Mayor Failace said that wasn't the point but the point is that she told him that she was told that the council preferred .... And the propriety was not the parks but the Waterfront Grant. He told her that he didn't believe that was true. He then asked them why he never received a call after all he is the Mayor. She told him that the Borough Engineer recommended that they call. The Borough Engineer said that might have been his mistake because he may have gotten the impression from this Council that you wanted to move ahead with the Waterfront Park Phase II. 10 MAY 9, 2002 Mayor F~ilace said to the Borough Engineer that they did not tell him that he did it .... The Borough Engineer said he remembered a conversation with the Municipal Clerk and he might have told her that he thought that was were they wanted to move with this. Councilmember Reiman addressed the Borough Engineer and said he didn't talk to the Municipal Clerk until after he told him to call her because he spoke with John Riggio and John Wisnewski office to find out where we were at with the funding. Mayor Failace replied that she said that Councilman Reiman did a fine job and they are two very good viable projects. She also said that the possibility that we will get one this year, specifically the Waterfront and at the next round we would probably get the other one. They are both goou but again, his concern was why he wasn't called but now he understood why they didn't. Secondly, he does not believe this Council said that they want the Waterfront Grant... He just was trying to find out when they made that decision. Councilmember Reiman said he didn't think that they made a decision but the Municipal Clerk will pull the minutes from the meeting. Mayor Failace said he told her he did not want to hold up anything but he would take any money for whatever project. He said he didn't want DISCUSSION to make this a political thing but he does want any money they will (CON'T) give them. He said he wanted to know if there was anything they could do, if it hasn't been awarded yet to have the money used for the park because he has a very real concern about the park. The lake is a safety problem, the equipment is a safety problem and the Sportsman Field is a problem. We have been promising them for a few years that we are going out for this money and he doesn't want it put back another year. He said that when we get the grant and if they give it to us, probably not as a Waterfront Grant, all we need is a letter from Mayor and Council saying that we would prefer using this grant for the park. Councilmember Reiman asked the Mayor if he would take the funding away from Phase II, a project that has sat there for eight to nine years? Mayor Failace said absolutely. To do the park, absolutely. Councilmember Reiman told the Mayor that he would be throwing away two and a half million dollars and potentially amend the open space tax in November to allow that three hundred thousand dollars to be used for the Waterfront. Mayor Failace said potentially we are but we don't know that for certain. Councilmember Reiman asked if they were going to be able to use that Green Acres money until the end of this year and the beginning of next year. Mayor Failace said he thinks once they receive it, we have the opportunity to do the park. The park and the Sportsman Field need to be done before the passive recreation of the Waterfront. We have waited much too long and it is a safety problem. We still have to 11 MAY 9, 2002 (inaudible) and you are fight, we have waited awhile, we got the project going. We can do the (inaudible) recreation. Councilmember Rios said to look at the time frame as far as the park getting dredged and all that. This is prime time that the lake is going to be used. Why would we want to disrupt prime time on the lake when we could wait until the end of the year, which we already spoke about... Mayor Failace said he didn't think doing it this summer. What he is saying is now it is going to put the Sportsman Project back even further. Unidentified person asked if it was true that the field is dangerous for children? Mayor Failace replied yes and that was his point. The Sportsman Association has come to us numerous times. We can make that decision when we finally get the grant and the council can decide what to do. Number one, we should do the parks first. We have had complaints about our parks for a number of years. The guys don't keep it up because the work needs to done down there. Councilmember Rios asked when they will give us the money. Mayor Failace replied that he wasn't sure they would give them the cash. Secondly he doesn't like one person, (inaudible). Councilmember Reiman said they applied for both applications and he came back several times and told the Mayor that the DEP/ Green RE: GREEN Acres Division is going to prioritize one over the other. You only get ACRES one per calendar year or one per round of funding. If we get $500,000.00 for the Waterfront that would be great. If the Council wants to use it in the Parks that is fine too. If we get $500,000.00 for the parks and then next year get it for the Waterfront as long as we get the money. The bottom line is let's get the money from the state ... Councilmember Santoro said she thinks that since it has been brought up, and Jim just called because he wasn't sure if we had decided one over the other. She said she knew that for one, she has worked on Sportsman Field for about a year and one half and that has to be taken care of before the Fall. If we could do something about fixing that field before somebody gets hurt. Her suggestion would be we need full facts about what the actual Phase II would be, what a possible delay would be and let's go back to what we originally filed for with Green Acres. She asked if there are things that they can each pick out? Councilmember Reiman said they should wait until they get some type o f funding. Councilmember Santoro said now that Jim knows that we would be allowed to transfer into either project, then that would not be a concern. Mayor Failace said that was what he was saying, it isn't a concern. He said his concem was ..... 12 MAY 9, 2002 Councilmember Rios asked if they would be able to get it before the Mayor Failace replied that he didn't know when they were going to give thent the money. Councilmember Reiman said he called there several times lobbying for RE: iiATERFRONT $500,000.00 for the Waterfront Park. He then asked if he said they PARK wanted that over the other one? Absolutely not but he certainly called (inaudible). He said he even called the Governor's office trying to get Green Acres funding. Mayor Failace said they are two very viable projects and they did a good job on it. He said she made it sound like they would get approval on both of them. He said his concern is that what ever approvals we'll get, and it is up to the Council when the time comes, that we need to do the park and the lake before we do the waterfront. The Borough Attorney asked if any of the projects were qualified for grants? He also asked if there were low interest loans. Mayor Failace replied fifty-fifty. The Borough Attorney said he thought that it was for acquisition of property that you would get a grant. Mayor Failace said the first one we got was 985 and 985. Councilmember Santoro said (inaudible) in August... Councilmember Reiman asked the Borough Engineer how their application impacted conservation fund and the Baykeepers application to preserve open space along near our waterfront. That grant would be awarded to them so it should not impact our application. We authorized both agencies to file applications. The Borough Engineer said he thinks it is a separate entity. It is not like Carteret has three applications there. The Borough Attorney said he saw Andy (inaudible) over the weekend and he is the baykeeper. He got him in touch with the individual on his office staff and said they have to realize that they make broad applications to tell you exactly where Carteret fits in there and how they prioritized within the barkeeper's group in terms of applying for money. He looks (inaudible). Minutes for approval - May 2, 2002. MINUTES FOR APPROVAL RESOLUTIONS: RESOLUTIONS 1. Directing the Issuance of Various Raffle Licenses. 2. Refund of Tax and/or Sewer User Fees. 3. Amendment to 2002 Temporary Budget. 4. Authorizing Various Contractors to Perform Rehabilitation of Homes Pursuant to COAH Regulations. 5. Creating Handicapped Parking Space - 9 Kubala Avenue. 13 MAY 9, 2002 6. Authorizing Execution of 2002 Municipal Alliance Contra~t. COMMUNICATIONS COMMUNICATIONS: 1.EcolSciencs, Inc. Application for Letter of Interpretation, Re: Oxford Instruments. 2. PSE&G - Applying to NJ DEP for Freshwater Wetlands Statewide General Permit for repair, replacement and maintenance of existing electrical distribution facilities. 3. NJ Transit - Public Heatings, May 30, June 3 and June 10 at Various Locations, Re: Senior Citizen and Disabled Resident Transportation Assistance Act. Councilmember Rios asked the Municipal Clerk to elaborate on the Public Heatings for NJ Transit. The Municipal Clerk said that it was a few paragraphs. Councilmember Rios said he would (inaudible). REPORTS REPORTS: 1. Inspection of Buildings - April 2002. 2. Social Services - March & April 2002. MATTERS FOR MATTERS FOR DISCUSSION: DISCUSS ION 1. Tony Neibert -a) Plumbing Sub-code Official. Councilmember Reiman said he discussed this with Mr. Neibert and it is the same individual that he wanted to talk about last year. He wants to bring him in for nine hours per week. Councilmember Reiman said that he would like to discuss this further in Closed Session. 2. PBA -Request for attorney, Re: Officer Hundemann. Councilmember Santoro said she thought they should discuss this in Closed Session. 3. Bids Received - Garbage Service The Borough Attorney said it has to do with bid specs and should be further discussed in Closed Session. Councilmember Santoro asked how many actual bids did they receive. The Borough Attorney said they received three. Councilmember Santoro asked if they could work with the three they have. The Borough Attorney replied absolutely. He said a number of companies called him .... 14 MAY 9, 2002 Councilmember Reiman said the bid specs were too complicated. The Borough Attorney said that was what he heard so he contacted a number of companies that called and they said they have nothing to do with it. They had a pre bid meeting for any contractors that wanted to come and he sat right there .... The way they broke it down will give you some advantages that we can talk about in Closed Session. Overall they are not bad because even if you take the most expensive options there are probably one thousand to two thousand dollars of what you presently pay. Unidentified person asked if that included leaves. The Borough Attorney replied no. Councilmember Reiman - desk audit - stated that John asked him to discuss this and he told him he would. He said they discussed this one other time about an employee in his office and the civil service did a desk audit and they actually mandated that we put her in the position that we spoke about one month ago. Councilmember Santoro said that was good and the Municipal Clerk said she was already put in that position. Municipal Clerk Kathleen Barney said they had to put in a salary DISCDSSION Ordinance for that title. Councilmember Santoro said they need to do that because there will be another job situation. The Municipal Clerk said the title exists in different departments the way we break our Ordinances down, it is not in that section. Councilmember Santoro addressed the Municipal Clerk and asked if she could ask the desk auditor what orders a desk audit, because she is going to have another situation. The Municipal Clerk said the employee can request it. Councilmember Santoro said there is going to be a situation in our records over here. There is a question about who is doing what. That is because in the past, people were getting transferred into jobs at a higher rate so they are making more money. There is a discrepancy ... She then asked if it was better to have the desk audit or .... Mayor Failace interrupted and addressed Councilwoman Santoro and asked her if she knew that when a desk audit is done, no matter the outcome, you do not have to change the salary for that. Councilmember Reiman asked when you put someone in a new title do we keep the salary the same or can we (inaudible). Mayor Failace said they want to be fair but it is not necessary to feel fomed to do anything. The Municipal Clerk said it is one thousand dollars between the two right now. 15 MAY 9, 2002 Mayor Failace said to be fair and equitable you are not forced to do anything. Councilmember Santoro said the Council would feel forced (inaudible). Mayor Failace interrupted and said he thought they cleared up most of those things going back last year. Councilmember Santoro said it would clear them and let it oe looked into what ever the recommendation is .... Councilmember Reiman said they could file for a Civil Service (inaudible). Councilmember Rios said they should look into it. Mayor Failace addressed Councilman Reiman and said they also had discussed this, without mentioning any names, the construction department has that technical title and he thought they were going to look into that more thoroughly. Councilmember Reiman said when they looked at that last year no one had a certification. Mayor Failace replied that was what he was implying and maybe the __ finance committee has to review these along with the desk audit. He then said he thought that the committee should look at it. MATTERS FOR MATTERS FOR DISCUSSION CONTINUED - DISCUSSION .... (CON'T) 5. Genova, Bums & Vemoia - Request for additional appropriation, Re: Resolution #02-116. The Municipal Clerk said they just did a resolution but Patrick DeBlasio told her they were still beneath the amount. They have exceeded it by $1700.00 and there is still more work that has to be done. The Borough Attorney said they should get that paperwork over to him because there is still a few more days of trial and arbitration. Mayor Failace told the Borough Attorney to take a look and review it and then we'll take care of it. BUSINESS TO BE BUSINESS TO BE ADDED: ADDED Councilmember Reiman said he had nothing to discuss at this time. He then said he had something to discuss in Closed Session, personnel. Councilmember Santoro said she wanted to discuss the desk audit in Closed Session. She then said they had talked about the temporary 16 MAY 9, 2002 positions, part time and full time and we did hire a few. She then said she had m'~ application and she would like to discuss that in Closed Session. She then reported that she gave the Mayor and Councilmember Reiman a letter for them to sign. The Borough Attorney interrupted and said that was for Closed Session. Mayor Failace said they need to set up a meeting. The letter that they gave him asked, we had given them until May 20 and asked them to set up a business plan to discuss with them (inaudible) and they have asked to set up a meeting for the week of the 20th. Councilmember Rios asked why they did not receive a copy of that letter. Mayor Failace said the reason was he was going to discuss it here and all it saya is that they would like to set up a meeting for the week of May 20th. Councilmember Santoro said they also have the school boards and a Council Meeting on May 20th. She then asked if they could do it the following week. Mayor Failace said the week of the 20th or the following would be fine. We'll have to contact the First Aid to see if they will be open. May 23rd is the awards at the High School so there are a couple of things going on. The Mayor said he was sure it would be amendable for both sides to meet within that week and one half period. He said DISCUSSION the letter just said they thanked us for the meeting and then asked us for a meeting the week of the 20th. The Borough Attorney asked if they have a Business Consultant. Mayor Failace replied that they do have a Business Consultant that will come and speak to them. He said he understood that they are putting together a pretty good plan, we'll see. Councilmember Rios said he wanted to put on a Salary Ordinance for an EMT for the next meeting. We spoke about that and created a position (inaudible). The Borough Attorney said you can put (inaudible) on but he had to know what to put on in terms of rate of pay. Councilmember Santoro spoke but was inaudible. The Borough Attorney asked if they wanted to make it $11.00 to __ $14.00 per hour? He said that Patrick DeBlasio always does the salary ordinances because he fits them in to whatever you have so he'll check with him to make sure it gets drafted. If he needs him to do it he will. Councilmember Rios said the second thing he wanted to know is where they are at with the Board of Health with the money for the ambulance. 17 MAY 9, 2002 The Borough Attorney said he had not done anything with regard to the ... They have approved the money for them and what he would really like to do is ask Brian O'Connor if they got any more bid specs on these trucks from New York. We can get those ready if you want to get an ambulance we can go out to bid on it. Brian O'Connor said the one from New York (inaudible) should be in any day. We have the other specs ... The Borough Attorney said he thought they were speaking about these extra ones from New York, there are going to be fifty or sixty of them. Councilmember Rios asked if they could find out from the Board of Health Attorney where he is at with his request to the judge? He had to make his request to the judge and the judge had to sign off on that one. The Borough Attorney said they decided they would fund them but the question was that he thought they weren't going to do this if they were DISCUSSION going to be funded through the First Aid. He said he thought they were going to fund the First Aid. Cotmcilmember Rios said his concern is let's get all the wheels in motion and everything in place this way if their plan is not satisfactory to the Mayor and Council at least we will have everything in place already and we won't delay the process. We have an application with the State Board of Health and the application date is July 31st. We created the position, now let's do the salary ordinance and now let's see where we are at with the Board of Health with regard to the money from the Soldiers and Sailors Fund. The Borough Attorney asked if they wanted him to go ahead and make application for the ambulance .. Councilmember Rios said if they chose to change their mind and not go that route we could always tell the judge that we changed our mind. At least if we give our imput here but as far as he is concerned if we make the application, and they grant us the one hundred thousand dollars, at ten thousand dollars per year, and come up with a better plan and we change our mind because we don't want it I'm sure he'll say no problem. Councilmember Santoro interrupted and said wait, if we are going to say something about not wanting .. First of all we have staff right now, First Responders who are in the Borough can respond. The other solution would be and she remembers from meetings back, that some of their rigs were older. We might have to look to purchase a new one. If we have the opportunity to receive this ambulance and we're having it paid for by the Soldiers Fund, she thinks that is a win situation either way. Councilmember Rios said it is a backup for whether we continue with Rural Metro or we allow the First Aid to go there, and he is not going to poll the Council. If the First Aid wanted to go home we could still have backup with our first responders and not delay and wait for mutual aid, which has let us wait sometimes 45 minutes. 18 MAY 9, 2002 The Borengh Attorney said he was just confused .... CouncilMember Parisi said he agreed with Councilman Rios and he thought they were all going to go with the plans for exactly that reason. The Borough Attorney said what he was saying is that there wasn't funding for both. No matter what happens you are going to commit the money from there and then how will you fund the other program. He said he did not particularly care .... Mayor Failace addressed the Borough Attorney and said he didn't really want to discuss it but they had said, if necessary that they could use spot up funds and they could use or could have used Rural Metro. Isn't that correct? That monthly money could go to the First Aid Squad for their "start up cause" if they need it. The Borough Attorney said it is hard to advise the Board of Health that we want them to proceed with making up a petition before the Court to RE: NE}/ AMBULANCE get the ambulance. Councilmember Santoro said correct because their approval was only for the leasing or the purchase of this ambulance. There was nothing about start up cost .. Mayor Failace said they had said that night and in fact the First Aid was also looking for funds to help with their "start up". We said we would look at the monies that we pay Rural Metro to give it to the First Aid .. Councilmember Santoro said she did think they should move with the ambulance. The Borough Attorney said he would tell them to make an application although there are some issues with regard to that he wanted to discuss with them in Closed Session. Councilmember Rios continued his report and said they have to appoint 2002 Recreational & Seasonal employees of the basketball camp and the baseball camp. He then asked the Municipal Clerk if she had that ready for them. The Municipal Clerk replied that she did not have all the names yet but she will have them by Thursday. Councilmember Rios asked if an employee and spouse both work for the Borough and both have medical benefits do we have to negotiate in their collective bargaining agreement (inaudible). Mayor Failace said they had been speaking about that for a while. Councilmember Reiman said they talked to the insurance company about it last year and at that point in time was that the few employees that would, would not save the Borough any money because the premiums would go up. Even if they dropped off our premiums would be increased because it would be taking it out of one category and putting it into another. We would have higher premiums to offset what we were paying per individual. 19 MAY 9, 2002 Mayor Failace said if they were both claiming married status ... Councilmember Reiman said if they were married and one was single and we were paying $9,000.00 (inaudible). Mayor Failace said he thought that they needed to look at that. Councilmember Reiman said they talked about having a stipend (inaudible). He said he thought that the loss and claims are going to be the same. That was why we did not have any significant savings. The Borough Attorney said what they should do it is you establish a cafeteria plan under the IRS. He said that he worked with the Borough Auditor in other areas outside of the Borough and they are very knowledgeable about it so you can talk with them. Councilmember Reiman said their premiums are based upon your historical data and your (inaudible) products. Whether you have 100 or 101 employees your (inaudible) will be the same. If he would file separately from somebody else we're still filing that many claims under the same plan. The loses are still going to be the same and that is why there were no savings. We should look at it again ... Councilmember Rios said if they could save money ... RE: HEALTH INSURANCE Councilmember Sohayda said if they had a co-pay plan, and this is hypothetical, then we'll have to see (inaudible). Mayor Failace said that is negotiable, that is part of negotiations. Councilmember Santoro said they did check into it because (inaudible). Mayor Failace said no, it is just that the sixteen thousand dollars will go up to twenty-two thousand. The Borough Attorney said there is a lot of flexibility in there as to what you can offer them. You don't have to offer them the full amount, you can offer them a flexible amount in terms of how much you save. He said he can show them how to set one up but he didn't know how beneficial it could be for them. Mayor Failace asked if they had a cafeteria plan with the Borough. The Borough Attorney said they just approved a 401K Plan so they can put some money away themselves. Councilmember Reiman said he thought there was one resolution that was just adopted; he said he thought it was the cafeteria plan... Mayor Failace said he didn't think so .... You need to look at that too you could save money. Under the 125 Plan the employees can actually reduce their taxable income. Councilmember Rios again spoke and said he wanted to bring this up before the whole cotmcil as far as especially looking at the finance 20 MAY 9, 2002 committee. They are looking at doing another ten thousand dollars into the park budget only to do the Chrome Basketball Court. There was RE: CHROME BASKET- work done on it last year but it must be resurfaced and sealed to BALL COURT maintain it. It has to be done again and it will require $10,000.00 to do it. Mayor Failace asked if it had to be done by summertime. Councilmember Santoro stated that it was too late for summertime. Mayor Failace said what he is saying is that if it is not freezing cold we can simply transfer funds in November. Councilmember Santoro said the other thing is we get the off site contributions from the planning and zoning so maybe what they do is .. Mayor Fa/lace said that was how they did it originally. Councilmember Reiman said Tony Neibert pulled an ordinance ..some kind of impact fee... The Borough Attorney asked if they were doing that already. Councilmember Reiman said yes, he just wanted the Borough Attorney to review it. Take a look at the three and come up with the best. Mayor Failace said they have done it before with basic impact fees and that is how we got the basketball court done. We can do it the same way throughout the year. Councilmember Santoro said they should (inaudible) to the boards to ask if we do have a project but we don't want any Councilmembers bringing it up. The Borough Attorney said they could do an Ordinance that regulates how you do it .. Councilmember Reiman spoke but was inaudible. The Borough Attorney said it limits the options that your boards get to exercise. It regulates what you're going to take and how much they are going to give you. Councilmember Rios asked if they can pursue that because he thinks it is something that they should maintain and not neglect because in the end we'l! wind up paying twice. Councilmember Santoro asked if they could do that. She said she thought they should do it and the other (inaudible) will know. Mayor Failace asked in a humorous way if Councilmember Rios wrote all this stuff down when he was in Florida. Councilmember Rios addressed Councilman Sohayda and asked him if he could find out about the water being used at Dauman Pallet. A lot 21 MAY 9, 2002 of water is being used and we need to find out if it is coming from our hydrants. Maybe the Chief might know. Mayor Failace asked if he meant when they wet down the piles of wood? He then said he already knew that. Councilmember Sohayda said they have fire lines there like ... Mayor Failace asked if they paid for that? Councilmember Sohayda said he did not think you, it is a personal water line (unidentified person) said that Dauman pays a rather high water fee. The Borough Attorney asked how they charge (inaudible). Brian O'Connor said the water belongs to Middlesex Water Company. DISCUSSION Councilmember Reiman said their sew fee is based upon what they take in also. The Borough Attorney spoke but was inaudible. Councilmember Rios said the next thing he wanted to discus was that they should consider is a guard for the Library. We've had a few meetings there and that is a shame because the building is new. Councilmember Santoro interrupted and asked who will pay for one. Mayor Failace said whether we pay for the whole thing or we split it we have to do something because we are running into some terrible problems over there. Councilmember Rios directed the Municipal Clerk to send a letter to the library board asking them ... Councilmember Santoro said to ask the Mayor. Mayor Failace replied that he did not attend those meetings but he does send an alternate. He said he will definitely bring it up to them. Councilmember Rios said he thought it was important because it is a new building and it's getting damaged. Councilmember Santoro said not to offer to meet halfway. Councilmember Rios said the last thing he would discus is the Open Space money for the boating in November. He asked if they were on target with that. The Borough Attorney replied yes that they will introduce an ordinance and make as many calls as he can to attorneys to see if their opinion that is different than his is. Councilmember Sohayda started to discuss Union negotiation and asked if that would have to be discussed in Closed Session. 22 MAY 9, 2002 Mayor Failace told them that they never sent the letter. Councilmember Reiman said the State representative sent a letter to the Mayor, which we all got a copy of about a month ago asking who is actually in that union. Nobody really knows who is in that union. Councilmember Santoro asked who was in charge. Councilmember Sohayda said at one time it was Mr. Surick but he didn't know if he was any longer. Councilwember Reiman said according to (inaudible) by State Statute couldn't even be in the union and she was the president of the union. Mayor Failace asked who that was. Councilmember Reiman replied the Court Administrator. She is no longer the president. Councilmember Santoro interrupted once again and asked until we get a letter from them should do we ask for negotiations? The Borough Attorney said he received a call a few months ago from COMMENTS & somebody ... DISCIJSSION Councilmember Santoro said she thought someone had asked... The Borough Attorney said they received a letter and it was their representative. He said he told them to send a letter because he did not know who they were. They did not even know that they were the representatives of the union. He told them to look it up and send a letter to him and he'll take a look at it. Councilmember Sohayda said he brought this up the last time, if you remember at the previous agenda. He said he thought that Councilwoman Santoro said she were waiting for a letter back. The Borough Attorney said the question with them is that they wanted to know where the dues were and he told them that he did not know who they were. Councilmember Reiman said the other part is that there is only five or six peopl.- and four said they were not paying dues. Mayor Failace directed Councilmember Sohayda to have the members of the union send us a letter informing us that they want to negotiate. Councilmember Santoro asked who would negotiate with this. She suggested that the Mayor and Councilmember Reiman should negotiate this. Mayor Failace replied that he would not negotiate with anybody. Councilmember Santoro then suggested that they set up a committee and this way they will know who to send the to. They then set up a committee with some of the Council. 23 MAY 9, 2002 Councilmember Reiman asked if this is the negotiating committee that is set for the whole year or is it going to be changed with each contract. Councilmember Santoro said there might be conflicts depending on who comes up. Mayor Failace said if there is no conflicts then you may be better off having the same people negotiate. Councilmember Parisi said he did not have anything to discuss in open but personnel in closed session. The Borough Attorney reported that he had three ordinances to put on. the Road Opening Ordinance is done and he has the final version based upon the meetings. If there is anything else between Thursday he can get that also. The adoption of the BOCA Code he has, the RE: ordinance they have proposed and a copy of the old ordinance he said ~OCA he would list that on for the Council Meeting. He said he would get it CODE out to them now and if they had any questions we can pull it off and discuss it. He then said he expects to have from the Borough Engineer the traffic descriptions for the fifteen minute parking and the hot dog truck so if you want we can put that ordinance on. He then said that the Borough Engineer has to get him the bid descriptions. Probably a resolution authorizing the execution of the demolition loan. There is also meeting with regard to that and maybe someone will attend. It __ talks about how the loan application process goes. He said he didn't know if they usually send Patrick DeBlasio. Anything else he may have is for Closed Session. Councilmember Reiman asked the Borough Attorney about that road opening. It is the one we talked about last year and we had that meeting with the utility companies. We made a few minor changes so that should get out to them. The Borough Attorney asked if everyone received the previous (inaudible). Mayor Failace replied yes. He then said that he had personnel matters to discuss in Closed Session. RESOLOTION #02-215 RESOLUTION #02-215 was introduced by the Mayor and referred to TO GO INTO the Council for action. CLOSED SESSION Upon MMS&C, by Councilmembers Parisi and Rios RESOLUTION #02-215 "RESOLUTION TO GO INTO CLOSED SESSION" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Parisi, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Councilmember Sosnowski was noted absent. 24 MAY 9, 2002 At approximately 8:20 P.M. a Closed Session was held to discuss personnel and litigation. At approximately 9:45 P.M. Conncilmember Sohayda was noted cOUNCILMAN SOHAYDA NOTED ABSENT THEN absent and present. PRESENT At approximately 9:46 P.M., upon MMS&C, by Councilmembers Rios and Reiman and unanimous affirmative vote of the five members OPEN TO THE PtlBLIC present, the meeting was opened to the public. Councilmember Rios spoke about the (inaudible) committee meet with the Mayor and the Auditors and meet on Monday with the Board of Education. Then Thursday we have our Council Meeting starting at 6:00 P.M. and immediately following that .... The Municipal Clerk asked if they were doing the eight or immediately following. DISCUSSION Councilmember Rios asked if they can legally do it immediately following. The Borough Attorney said it is the same meeting. Before you close that meeting .... Councilmember Santoro said she thought it was going to be a Special Meeting, Councilmember Reiman said two people on the Council won't be voting on that. The Municipal Clerk said she didn't know what they were doing. The Borough Attorney said the School Board could adjourn and you could continue your meeting. The Municipal Clerk said they want to do the Council Meeting at 6:00 P.M. and finish that meeting and then have a second meeting. __ At this point they are all talking at once and it is inaudible. The Borough Attorney suggested that they advertise as a Special Meeting to follow immediately. Councilmember Santoro said they are advertising and we are having here. The School Board can sit down there and we can sit up here. 25 MAY 9, 2002 Mayor Failace said although you may not be aware of it, he ~oes have weddings next week but that should be okay. ADJOURNED Approximately 9:46 P.M., upon MMS&C, by Councilmembers Santoro and Parisi and unanimous affirmative vote of the five members present, the meeting was adjourned. Respectfully submitted, KMB/apm 26