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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 2 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: 4 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. 6 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. 7 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 12