HomeMy Public PortalAbout2003/04/24 APRIL 24, 2003
AGENDA MEETING
The Agenda Meeting of the Mayor and Council of the Borough of
Carteret preceding the Regular Meeting May 8, 2003 was held on
April 24, 2003, 7:00 P.M., Municipal Court, Police Facility, 230
Roosevelt Avenue, Carteret, New Jersey.
ROLL CALL
The following were noted present:
Council President Ronald Rios
Councilmember Susan Naples
" Frank Paris
" Joseph Sitarz
" Brian Sosnowski
Noted absent were Mayor Daniel J. Reiman, Councilmember Randy
Krum, Borough Attorney Robert J. Bergen
Also noted present was Jarred Witt, Esq. for Borough Attorney
Bergen.
A Statement of Meeting Notice was mailed to The Home News STATEMENT OF
Tribune, The Star Ledger and posted on the bulletin board on April 17, MEETING NOTICE
2003.
MINUTES FOR
-- APPROVAL
MINUTES FOR APPROVAL:
· April 14, 2003
TO ADDRESS GOVERNING BODY: - Borough Engineer Norbut TO ADDRESS THE
GOVERNING BODY
Borough Engineer Donald Norbut addressed the Governing Body. BOROUGH ENGINEER
· 64 Hagaman, Retaining Wall - He said he sent one of his
Structural Engineer's out to look at it. He said the report
indicates that it is not a danger to the public.
Council President Rios stated that the property is up for Sherift?s Sale.
He said once the property has been purchased no Certificate of
Occupancy should be given until this matter is resolved.
Borough Engineer Norbut recommended no action be taken at this
time.
__ · Hagaman/Terminal - He said top soil and seeding needs to be
done.
· 2003 Road Program - He said he got a grant from the DOT to
do some additional work. He said he applied for Poplar and
Marion. He said he received enough to do Poplar. He
recommended moving ahead with this.
APRIL 24, 2003
AGENDA MEETING
TO ADDRESS THE
GOVERNING BODY
CONT'
Councilmember Sitarz said if possible something needs to be done
with Self Blvd. He said the street is really bad. He said Minue always
BOROUGH ENGINEER
CONT' has Pot Holes.
Councilmember Sosnowski asked about Middlesex Avenue.
Borough Engineer Norbut stated ... (inaudible)... one of the things ...
(inaudible)... is coming back to fix. He said there is some base work
that really needs to be done.
· SEWER TV CAM. - He said he would like to add this item
for consideration. He said he only received one bidder on this
and that was from the JetVac Company. He said the bid was
within the estimate that was received earlier on from other
companies. He said it just has to be decided on whether to get
the TV equipment mounted in the vehicle the Borough already
has or go for a new vehicle.
·WATERFRONT PROJECT - He stated this project is
moving along fine.
· HILL DISTRICT PROJECT - He said after doing some
investigating he found that the pumps do not seem to be
pumping what they were oiiginally designed for, which seems
to be a part of the problem. He said some testing was done on
Beverly Street and really did not fine any problems with the
main line being ...(inaudible)... but he did find a number of
clean outs that did not have caps on them so when that area
floods storm water can get into the sanitary system so those
caps need to get repaired. He said the bigger problem seems to
be the capacity of the pump station. He said things are still
moving ahead on the Hill District Storm Water Pump Station
... (inaudible)... He said he is working with Amoco to get the
easement that is need on their property.
· WOODBRIDGE TEMPORARY TRUCK BYPASS. - He
said this project keeps hitting snags. He said the Woodbridge
Traffic Officer is on vacation and will be on vacation until May
5. He said once the officer gets back he will set up a meeting
with him.
Council President Rios told Borough Engineer Norbut to inform
Woodbridge that if something is not done then Carteret will just re-
route the traffic on its own.
Couneilmember Naples stated that she had two quick complaints from
some residents in West Carteret, where some of the big tractor trailer's
are buying some food or whatever on Roosevelt Avenue coming down
those side streets ... (inaudible)...
Council President Rios said he would speak with Chief of Police.
Councilmember Parisi asked Borough Engineer for an update on the
all red phase traffic light on Roosevelt Avenue and Post Blvd.
Borough Engineer Norbut stated it would be six months.
· 18 PINE STREET - He said the situation is they have
combination curbing gutter and there is an area that must have
settled in the gutter over time in the middle of the block. He
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APRIL 24, 2003
AGENDA MEETING
TO ADDRESS THE
GOVERNING BODY
CONT'
said there is water ponding there all the time after it rains. He BOROUGH ENGINEER
said the unfortunate thing is it looks like it is a very flat road CONT'
and he'd have to get in there and rip out a piece of the curb to
try and take care of it. He said as you drive down the other
side of the street there are two more similar problems. He said
with something like that he would try to take care of, not piece
meal but when the road needed to be redone come and do the
whole thing.
Councilmember Sitarz said he had a question for the Borough
Engineer and Attorney regarding Middlesex Avenue. He asked why
not give a deadline and if the deadline is not met can the Borough go
out and hire someone else to do it and have them pay for it.
Borough Engineer Norbut and Attorney Jarred Witt stated yes this
could be done.
Councilmember Sitarz mentioned problems on Tennyson Street. He
said residents are complaining about water ponding.
PROCLAMATIONS
PROCLAMATIONS: · Day of Prayer
· Walk for Israel Day- May 4, 2003.
ORDINANCES: ORDINANCES
FIRST READING
First Reading
· #03-14 Amending Salary Ordinance #71-9, Re:
Afscme Local #3850.
Public Hearing - 4/24/03 PUBLIC HEARING
· #03-13 Authorizing Lease Agreement with
Middlesex County Improvement Authority relating
to the Issuance of County-Guaranteed Capital
Equipment Lease Revenue Bonds. ORDINANCE #03-13
The Clerk stated that Ordinance # 03-13 was introduced and passed ,,AUTHORIZING LEASE
upon First Reading at a Regular Meeting of the Borough Council on AGREEMENT WITH
April 14, 2003. It was duly published in the Home News Tribune on MIDDLESEX COUNTY
April 16, 2003 with notice that it will be considered for final passage IMPROVEMENT
AUTHORITY RELATING
after Public Hearing to be held on April 24, 2003 at approximately TO THE ISSUANCE OF
7:30 P.M. The Ordinance was posted on the bulletin board and copies COUNTY-GUARANTEED
were made available to the general public and according, she read the CAPITAL EQUIPMENT
LEASE REVENUE
Ordinance by title. BONDS"
PUBLIC HEARING HELD
Upon MMS&C, by Councilmembers Sitarz and Sosnowski and
unanimous affirmative vote of the five (5) Councilmembers present,
the Council President declared the Public Hearing to be opened.
APRIL 24, 2003
AGENDA MEETING
PUBLIC HEARING
CLOSED ON There being no comments or objections to the Ordinance the Council
ORDINANCE #03-13 President declared the Public Hearing closed, upon MMS&C by
Councilmembers Sitarz and Parisi, and unanimous affirmative vote of
the five (5) Councilmembers present.
ORDINANCE #03-13
Upon MMS&C by Councilmembers Sitarz and Parisi
"AUTHORIZING LEASE
AGREEMENT WITH ORDINANCE #03-13
MIDDLESEX COUNTY
IMPROVEMENT
AUTHORITY RELATING "AN ORDINANCE OF THE BOROUGH OF CARTERET, IN THE
TO THE ISSUANCE OF COUNTY OF MIDDLESEX, STATE OF NEW JERSEY,
COUNTY-GUARANTEED APPROVING AND AUTHORIZING THE ENTERING INTO,
CAPITAL EQUIPMENT
LEASE REVENUE EXECUTION AND DELIVERY OF A LEASE AND AGREEMENT
BONDS" WITH THE MIDDLESEX COUNTY IMPROVEMENT
AUTHORITY RELATING TO THE ISSUANCE OF COUNTY-
GUARANTEED CAPITAL EQUIPMENT LEASE REVENUE
BONDS, SERIES 2003 OF THE MIDDLESEX COUNTY
IMPROVEMENT AUTHORITY"
WHEREAS, the Middlesex County Improvement Authority (the
"Authority") is authorized to issue its bonds pursuant to the provisions
of the County Improvement Authorities Law, chapter 183 of the Laws
of New Jersey of 1960, as amended and supplemented (N.J.S.A.
40:37A-44 et seq.) (the "County Improvement Authorities Law"), and
other applicable provisions of law; and
WHEREAS, the Authority has determined to issue its revenue bonds
for the purpose of financing the acquisition of capital equipment for
the purposes of leasing the same to various Municipalities located in
the County of Middlesex in the State of New Jersey (the "2003
Program"); and
WHEREAS, the Borough of Carteret, in the County of Middlesex,
State of New Jersey (the "Municipality") has determined to participate
in the 2003 Program and to lease certain capital equipment from the
Authority; and
WHEREAS, there has been prepared and submitted to the
Municipality the form of the Lease and Agreement (the "Lease") to be
entered into by and between the Authority and the Municipality, which
Lease has been approved by the County of Middlesex, State of New
Jersey (the "County") and which is attached hereto as Exhibit A,
providing for acquisition and leasing of certain Items of Equipment
from the Authority, which Equipment is described in Exhibit B
attached hereto and incorporated by reference herein. All terms used
herein and not otherwise defined shall have the same meanings
ascribed to such terms under the Lease.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE
GOVERNING BODY OF THE BOROUGH OF CARTERET, IN
THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not
less than two-thirds of all members thereof affirmatively concurring)
AS FOLLOWS:
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APRIL 24, 2003
AGENDA MEETING
ORDINANCE #03-13
"AUTHORIZING LEASE
AGREEMENT WITH
MIDDLESEX COUNTY
Section 1. Pursuant to section 78 of the County Improvement IMPROVEMENT
Authorities Law, N.J.S.A. 40:48-1 et seq., the Municipality is hereby AUTHORITY RELATING
authorized and directed to enter into and perform the Lease, which TO THE ISSUANCE OF
Lease provides for the leasing of certain Items of Equipment acquired COUNTY-GUARANTEED
with the proceeds of County-Guaranteed Capital Equipment Lease CAPITAL EQUIPMENT
LEASE REVENUE
Revenue Bonds, Series 2003 (the "Bonds") to be issued by the BONDS"
Authority under a resolution of the Authority to be adopted by the (CONT')
Authority entitled, "Resolution of the Authority to be adopted by the
Authority entitled, "Resolution of the Middlesex County Improvement
Authority Authorizing the Issuance of County-Guaranteed Capital
Equipment Lease Revenue Bonds" (the "General Bond Resolution").
The Lease, in substantially the form submitted herewith in Exhibit A
(a copy of which is on file in the office of the Clerk of the
Municipality), is hereby approved with such changes amendments or
modifications as may be approved by counsel or bond counsel to the
Municipality and bond counsel to the Authority and the County.
Section 2. The full faith and credit of the Municipality are hereby
pledged to the punctual payment of the obligations set forth in the
Lease authorized by this ordinance, including without limitation, (i) all
Basic Rent and Rent obligations of the Municipality under the Lease
including, Authority Administrative Expenses and Additional Rent,
(ii) all amounts due and owing to the County as a result of payments
made by the County on behalf of the Municipality under the Lease
pursuant to the County Guarantee, including County Guarantee Costs
and (iii) all direct and indirect costs of the Authority and the County
related to the enforcement of the Lease and the County Guarantee ((i),
(ii) and (iii) collectively, the "Lease Payment Obligation"). The Lease
Payment Obligation under the Lease shall be a direct, unlimited and
general obligation of the Municipality pursuant to the County
Improvement Authorities Law, and unless paid from the sources, the
Municipality shall be obligated to levy ad valorem taxes upon all the
taxable property within the Municipality for the payment of the Lease
Payment Obligation thereunder without limitation as to rate or amount.
The Mayor or other Authorized Municipal Representative (as defined
in the Lease) is hereby authorized and directed to execute the Lease on
behalf of the Municipality in substantially such form as attached hereto
in Exhibit A and the Clerk of the Municipality is hereby authorized
and directed to attest to such signature and affix the seal of the
Municipality thereto and the Lease is authorized to be delivered to the
Authority. All representatives, officials and employees of the
Municipality are hereby authorized and directed to enforce and to
implement provisions of the Lease.
Section 3. The following additional matters are hereby determined,
declared, recited and stated:
The maximum Lease Payment Obligation for which the
__ (1)
Municipality shall be obligated hereunder, which, inter alia, will be
used for the payment of principal of and interest on the Bonds of the
Authority shall not exceed the sum necessary to (a) acquire the
Municipality's Equipment described in Exhibit B which will be
subject to the Lease, (b) pay interest on the Authority's Bond allocated
to the Municipality and used to acquire the Municipality's Equipment,
and (c) pay the Municipality's share of the costs of issuance, Authority
Administrative Expenses, Additional Rent, County Guarantee Costs
APRIL 24, 2003
AGENDA MEETING
ORDINANCE #03-13
"AUTHORIZING LEASE
AGREEMENT WITH
MIDDLESEX COUNTY and all other amounts required to be paid by the Municipality under
IMPROVEMENT the Lease.
AUTHORITY RELATING
TO THE ISSUANCE OF (2) The Bonds shall mature within ten (10) years fi.om the date of
COUNTY-GUARANTEED issue.
CAPITAL EQUIPMENT
LEASE REVENUE
BONDS" (3) The Lease Payment Obligation authorized herein shall remain
(CONT') effective until all the Authority's Bonds shall have been paid in full in
accordance with their terms and/or when all obligations of the
Municipality under the Lease have been satisfied, notwithstanding the
occurrence of any other event, including but not limited to the
termination of the Lease with respect to some or all of the Items of
Equipment leased thereunder.
(4) The Items of Equipment described in Exhibit B are hereby
approved to be leased fi.om the Authority in accordance with the terms
of the Lease, with such changes, amendments or modifications as may
be approved by counsel or bond counsel to the Authority.
Section 4. To the extent the Municipality is an "Obligated Person" (as
defined under the Rule (as hereinafter defined)), the Municipality
hereby agrees to comply with the requirements of Rule 15c2-12 (the
"Rule") promulgated by the Securities and Exchange Act of 1934, as
amended and supplemented, including the secondary market disclosure
requirements contained therein, and agrees to convenant to such
compliance in the Lease. The Mayor, Clerk, Chief Financial Officer
or other Authorized Municipal Representative are each hereby
authorized and directed to execute and deliver a Continuing Disclosure
Agreement, approve and "deem final" the Official Statement of the
Authority and the preliminary form thereof to the extent the
information contained therein relates to the Municipality and to
execute and deliver all certificates, documents and agreements to the
Authority in connection therewith and to file budgetary, financial and
operating data of the Municipality on an annual basis and notices of
certain enumerated events as required to comply with and in
accordance with the provisions of the Rule.
Section 5. The Mayor, Clerk, Chief Financial Officer or Authorized
Municipal Representative are each hereby authorized and directed to
execute and deliver any and all certificates, documents and insmnnents
and to do and cause to be done any and all acts and things necessary or
proper for carrying out the execution and delivery of the Lease, the
leasing of the Equipment which is to be the subject of the Lease and all
related transactions contemplated by this ordinance.
Section 6. Upon the payment of all amounts referenced in Section 3
(3) herein, the full faith and credit pledge of the Municipality as to its
Lease Payment Obligations authorized herein shall cease to exist.
Section 7. The provisions of this ordinance are severable. To the
extent any clause, phrase, sentence, paragraph or provision of this
ordinance shall be declared invalid, illegal or unconstitutional, the
remaining provisions shall continue to be in full force and effect.
Section 8. This ordinance shall take effect twenty (20) days after final
adoption and publication in accordance with applicable law.
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APRIL 24, 2003
AGENDA MEETING
ORDINANCE #03 - 13
(CONT')
ADOPTED
was finally adopted. Upon individual roll call vote, Councilmembers
Naples, Parisi, Rios, Sitarz and Sosnowski voted in the affirmative.
Councilmember Kmm was absent.
RESOLUTIONS
RESOLUTIONS:
1. Directing the Issuance of Various Raffle Licenses.
2. Amendment to 2003 Temporary Budget.
3. Authorizing Various Contractors to Perform Rehabilitation of
Homes Pursuant to COAH Regulations.
4. Refund of Tax and/or Sewer Fee Overpayments.
5. Support ofA-3458, Re: Danielle's Law.
6. Authorizing UEZ Administration Budget for 2003.
7. Authorizing Recycling Tonnage Grant.
COMMUNICATIONS
COMMUNICATIONS:
· MC Board of Chosen Freeholders -
a) Resolution approving changes to rules of
regulations governing use of county parks.
b) Public Hearing - May 8, 2003, New
Brunswick, NJ - Re: open Space.
· MC Board of Taxation - Resolution establishing ratio
of assessed value to true value of all real property in
Middlesex County to be 100% for the purpose of
assessing taxable values.
PAYMENT OF BILLS
PAYMENT OF BILLS:
· List of bills properly audited and signed.
REPORTS: REPORTS
· Air Pollution - January to March 2003.
· Board of Health- March 2003.
· Clerk's Office - April 2003.
· Inspection of Buildings - March 2003.
· Recycling Department
MATTERS FOR
DISCUSSION
MATTERS FOR DISCUSSION:
1. NJ Department of Personnel - Certification of Eligibles for
-- Appointment:
a) Administrative Secretary. Date of
Disposition: 6/10/03. Resolution
b) Police Officer. Date of Disposition:
6/2/03.
e) Emergency Medical Technician. Date of
Deposition: 7/7/03 Send memo to
follow up.
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APRIL 24, 2003
AGENDA MEETING
MATTERS FOR
DISCUSSION CONT' 2. T&M Associates -
a) Bid received for Purchase of Sanitary Sewer TV
Inspection System. - Hold
b) Year 2003 Road Improvement Program. Resolution
$29,600.00
2. Daniel Giliberti - Request for Permit Waiver for
furnace installation - Resolution.
BUSINESS TO BE ADDED
BUSINESS TO BE ADDED:
Councilmember Parisi stated he has three proposals for water coolers.
He said the state contract was the cheapest. Council agreed. He said
the other thing deals with the Parks Department. He said he thinks the
Council should really look at putting those speed bumps back on the
road that leads inside of Carteret Park. He said it is softball and
baseball season and there are a lot of little kids and a lot of cars go
back and forth down that street. He said the other thing he would like
to ask about is the ordinance pertaining to Carteret Avenue parking.
He wanted to know if the Council was still going through with it.
Borough Clerk Barney stated she thought the Borough Attorney
Bergen stated the ordinance was already in existence signage just had
to be put up.
Council President Rios stated the Streets and Roads Department just
needs to order the signs and put them up. He asked Councilmember
Sitarz to speak with Teddy Surick from Streets and Roads about
getting the signs ordered and put up.
Councilmember Sosnowski stated since Councilmember Krum was
not there he would like to mention there has already been home rans
hit for this season, one boy Michael, who hit the other night and two
girls who both hit on the same night. He would like commendations
done. He said to have Councilmember Krum to confirm. He said for
Closed Session he has legal and personnel.
Councilmember Naples stated on this Monday the sidewalks ...
(inaudible)... Fire Department and Police Department. She said Mr.
Neibert has contacted all Department Heads and made them aware that
they are going to be under construction. She said as for the Borough
Hall the suspect material has been removed and will be testing
probably in a few weeks, an independent agency will come in a do
some air quality testing. She said there was some testing on the
material like the ... (inaudible)... all came back clear. She said she
would like to bring something up in Closed Session regarding salary.
Councilmember Parisi asked Councilmember Naples of Mr. Manetta
got in touch with her regarding a stage.
Councilmember Naples stated she spoke with Mr. Manetta and the
senior citizens were talking about putting a permanent stage up. She
APRIL 24, 2003
AGENDA MEETING
BUSINESS TO BE ADDED
said in her opinion she does not think a permanent structure in that CONT'
facility is a good idea.
Councilmember Sitarz stated the concrete is ready to go to Edison ...
(inaudible)... He said he reached out to the County regarding
Industrial Road. He said when coming around the corner of Industrial
Road by Kinder Morgan and Dauman Pallet the paint is worn off. He
said for Closed Session he has a personnel issue.
Council President Rios stated he received a Police grievance today for
Closed Session. He said the Police Committee will be meet first to
discuss it and make recommendations at next Agenda Meeting in
Closed Session. He said the band shelter is being worked on and the
cost seems to be a little more than anticipated. He said ...
(inaudible)... having separate contracts for separate pa~s of the band
shelter. He said after speaking with the Mayor and the Parks
Commissioner Randy Krum about going out to bid. He said Mr.
Kately will meet with the Purchasing Agent tomorrow to set up bids.
He said the price would probably be cheaper if there was only one
contractor to do everything. He said the Parks Committee will meet
but they are going to do the same as last year in appointing temporary/
full time/seasonal employees for the Parks Department because for the
summer months they need full time employees but they are not needed
all the time so that is why they will be temporary full timers. He said
the Parks Committee will meet and decide and go through the
applications and hopefully that will be available for the next Council
Meeting. He said he has one thing for the Dispatcher negotiations for
Closed Session. He said he does not know if he is allowed to offer an
early retirement package for some of thc police. He said it would be
on a broad basis.
Attorney Witt stated he would think this could be discussed if it is that
broad.
Council President said this would not pertain to one individual. He
said the Mayor would be sending out a memo stating any Police
Officer who has twenty years, the Borough would pay their health
insurance up to five years and then their own health insurance would
kick in. He said there are possibly five officers that would retire and
approximately about $160,000.00 in savings. He said part of thc
savings they would try to use to offset the taxes and the remainder to
hire more Police Officers. He said he thinks it is a win win situation.
Councilmember Sitarz said he sent letters to homeowners about the
Street Sweeping Pilot Program. He said he has been getting favorable
responses.
__ PUBLIC DISCUSSION
PUBLIC DISCUSSION
Upon MMS&C, by Councilmembers Sosnowski and Naples and
unanimous affirmative vote of the five (5) members present, the
meeting was opened to the public for discussion.
Mohammad Elbasouy said he got a notice to remove his car from
property or he would be issued a summons.
9
APRIL 24, 2003
AGENDA MEETING
Council President Rios asked if he had license plates on the vehicle.
PUBLIC DISCUSSION
CONT' Mr. Elbasouy answered no.
Councilmember Rios stated the neighbors or the Building Department
are just concerned with upholding the law as far as a nuisance or an
aesthetic value to the neighborhood where a car may be sitting there
and if the car does not have any kind of license plates then it throws a
red flag up to both the Building Department and the neighbors. He
said if the Building Department gets a complaint fi.om the neighbors
asking why there is a car abandoned and left sitting there for such a
long period of time. He said if it does not have a plate that means the
car is going to sit there for a while because it can not be driven without
license plate.
Attorney Witt said without reading the ordinance his presumption
would be without registration and plates it is assumed to be an
abandoned vehicle whether or not it is parked in the drive way or not.
Councilmember Parisi stated the ordinance says it must be registered.
PUBLIC DISCUSSION
CLOSED PUBLIC DISCUSSION
CLOSED
There being no further comments, upon MMS&C by Councilmernbers
Sitarz and Sosnowski and unanimous affirmative vote of the five (5)
members present, the public discussion portion of the meeting was
closed.
RESOLUTION #03-139
"RESOLUTION TO GO RESOLUTION #03-139 was introduced by the Council President and
INTO CLOSED SESSION" referred to the Council for action.
Upon MMS&C, by Councilmembers Sosnowski and Sitarz
RESOLUTION #03 - 139
"RESOLUTION TO GO INTO CLOSED SESSION"
ADOPTED
was adopted. Upon individual roll call vote, Councilmembers Naples,
Parisi, Sitarz and Sosnowski voted in the affirmative. Councilmember
Krum was absent.
MEETING CLOSED
MEETING CLOSED
At approximately 8:14 P.M., a Closed Session was held.
MEETING OPENED MEETING OPENED
Upon MMS&C, by Councilmembers Sosnowski and Naples and
unanimous affirmative vote of the five (5) members present, this
meeting was opened to the public at approximately 8:39 P.M.
10
APRIL 24, 2003
AGENDA MEETING
ADJOURNED
ADJOURNED
There being no further business or discussion, upon MMS&C by
Councilmembers parisi and Sosnowski and unanimous affirmative
vote of the five (5) members present, the meeting adjourned at
approximately 8:40 P.M.
Res~pect~ly submitted, .
~k~LEEN M. BARNEY, RN~/~MC
Municipal Clerk
KMB/tl
ll
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