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HomeMy Public PortalAbout2001/11/01 A Regular Meeting of the Mayor and Council of the Borough of REGULAR MEETING Carteret was called to order by Mayor James A. Failace at 7:30 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey on Thursday, November 1, 2001. ROLL CALL Upon individual roll call, the following were noted present: Councilmember Jack Fazekas Remy Quinones " Daniel Reiman " Ronald Rios " Janet Santoro Noted absent was Councilmember Buddy Sohayda. Also noted present was Borough Attorney Robert Bergen and Nicholas Goldsack, Business Administrator. The meeting was opened with a minute of Silent Prayer and the PRAYER, PLEDGE OF ALLEGIANCE Pledge of Allegiance led by Mayor James A. Failace. Mayor Failace made mention to remember our men and women Mayor Failace overseas and also Michael Bucsak, our former two-time Fire Chief for the Volunteer Firemen and Christine Holowatch, who also passed away. The Clerk stated that on October 26, 2001, in full compliance with STATEIqEiXrI7 OF MEETING NOTICE the Open Public Meetings Act, a notice of tonights meeting was sent to The Home News Tribune, the Star Ledger and posted on the Bulletin Board. Upon MMS&C by Councilmembers Rios and Reiman and MINUTF~ APPROVED unanimous affirmative vote of the five (5) Councilmembers present the Minutes of September 6 and 20, 2001 were approved, and transcribed and engrossed by the Clerk. ORDiNANCE #01-47 was introduced and adopted on First First Reading; ORDINANCE #01-47 -- Reading and the Clerk authorized and directed to advertise same Bond Ordinance for Public Hearing to be held November 20, 2001, upon MMS&C Appropriating by Councilmembers Quinones and Rios. Upon individual roll call $450,000.00, Re: Demolition and Disposal of Unsafe Buildings NOV~qBER 1, 2001 ORDINANCE ~q31-47 vote Councilmembers Fazekas, Quinones, Reiman, Rios and First Reading Santoro voted in the affirmative. Councilmember Sohayda was noted Absent. "BOND ORDINANCE APPROPRIATING $450,000.00, RE: DEMOLITION AND DISPOSAL OF UNSAFE BUILDINGS" MEETING OPF2qED A copy of each Resolution was placed upon the table for review Public Input prior to the meeting in accordance with the Rules of Council and On Resolutions upon MMS&C by Councilmembers Quinones and Rios and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on all resolutions. B~blic Portion Upon MMS&C by Councilmembers Reiman and Quinones and Closed unanimous affirmative vote of the five (5) Councilmembers present, the public portion on resolutions was closed. RESOLUTION #01-337 RESOLUTION #01-337 was introduced by the Mayor and referred Approving Change to the Council for action. Order #1 - Star of the Sea, Re: Suspect Upon MMS&C by Councilmembers Reiman and Rios Areas Sewer Separation and Improvements RESOLUTION #01-337 "RESOLUTION APPROVING CHANGE ORDER NO. 1- SUSPECT AREAS SEWER SEPARATION AND IMPROVEMENTS CONTRACT" was adopted. Upon individual roll call vote Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. RESOLOTION ~4)1-338 RESOLUTION #01-338 was introduced by the Mayor and referred Providing for the to the Council for action. Transfer of Surplus Funds Upon MMS&C by Councilmembers Reiman and Rios RESOLUTION #01-338 "PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS" was adopted. Upon individual roll call vote Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. NOVI~IqBER 1, 2001 R.ESOLUTION #01-339 was introduced by the Mayor and referred RESOLUTION #01-339 Approving Transfer to the Council for action, of ABC License #1201- 33-029-004 from Upon MMS&C by Councilmembers Rios and Quinones Jenine D'arey Meyer to G Bar, Inc. RESOLUTION #01-339 "RESOLUTION APPROVING A PERSON-TO-PERSON TRANSFER OF A.B.C. LICENSE NO. 1201-33-029-004 FROM: JENINE D'AREY-MEYER TO: G. BAR, INC." was adopted. Upon individual roll call vote Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. RESOLUTION #01-340 was introduced by the Mayor and referred RESOLUTION f01_-340 to the Council for action. Approving Renewal of Inactive ABC License #1201-34-048-011, Re: Upon MMS&C by Councilmembers Reiman and Rios Carpatho Russian American Citizens RESOLUTION #01-340 Club "RESOLUTION APPROVING THE RENEWAL OF INACTIVE A.B.C LICENSE #1201-31-048-001 HELD BY CARPATHO RUSSIAN AMERICAN CITIZENS CLUB, INC. FOR THE 2001- 2002 LICENSE TERM WITH CONDITIONAL SPECIAL RULING" was adopted. Upon individual roll call vote Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. RESOLUTION #01-341 was introduced by the Mayor and referred RESOLUTION ~1-341 to the Council for action. Authorizing Mayor to Execute TWA Permit -Harrison Avenue Upon MMS&C by Councilmembers Rios and Quinones Pump Station RESOLUTION #01-34l "AUTHORIZING THE MAYOR TO EXECUTE TWA PERMIT- HARRISON AVENUE PUMP STATION REPLACMENT" was adopted. Upon individual roll call vote, Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. RESOLUTION #01-342 was introduced by the Mayor and referred RESOLUTION ~01-342 Professional Services to the Council for action. - T&M Associates, not -- to Exceed $5500.00, Rt Upon MMS&C by Councilmembers Rios and Reiman Sewage Treatment Plant Demolition NOVEMBER 1, 2001 RESOLUTION #01-342 "AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES WITH T&M ASSOCIATES - STP DEMOLITION" Resolution ~Y)1-342 was adopted. Upon individual roll call Councilmembers, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Adopted Councilmember Fazekas Abstained. Councilmember Sohayda was noted Absent. Councilmember Fazekas explained that he Abstained because he has relatives working for T&M. RESOLUTION ~Y)1-343 RESOLUTION #01-343 was introduced by the Mayor and referred Professional Services to the Council for action. -T&M Associates, not to Exceed $5000.0q) Upon MMS&C by Councilmembers Reiman and Rios Re: Waterfront Park Improveraents RESOLUTION #01-343 "PROFESSIONAL SERVICES T&M ASSOCIATES NOT TO EXCEED $5000.00, Re: WATEP, FRONT P;dlK IMPROVEMENTS" was adopted. Upon individual roll call vote Councilmembers Adopted Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Fazekas Abstained. Councilmember Sohayda was noted Absent. APPLICATIONS The Clerk stated that she was in receipt of an application from the Vohmteer Fire Volunteer Fire Co. #2 for Michael J. Allen, Re: Rejoin active Co. #2 membership. Upon MMS&C by Councilmembers Rios and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. The Clerk stated that she ~vas in receipt of an application from PSES~ PSE&G for Recommendation for Improved Street Lighting, Re: Lincoln Avenue. Upon MMS&C by Councilmembers Rios and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. The Clerk stated that she was in receipt of an application from CHS Band Parents CHS Band Parents to amend Raffle License #R1-1640A, by adding dates. Upon MMS&C by Councilmembers Reiman and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. COMMUNIC&TIONS The Clerk stated that she was in receipt of a Communication from Township of the Townships of Piscataway & South Brunswick about Piscataway & Resolutions supporting Middlesex County Referendum on Open -- South Brunswick Space. Upon MMS&C by Councilmembers Rios and Fazekas and 4 NOVI~IBER 1, 2001 unanimous affirmative vote of the five (5) Councilmembers present, this was ordered to be received and placed on file. Upon MMS&C by Councilmembers Rios and Fazekas, all bills pAYMENT OF BILLS appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote Councilmembers Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. The Clerks stated that she was in receipt of the following reports: REPORTS Depar tmen t s Board of Health - September 2001. Clerk's Office - October 2001. Upon MMS&C by Councilmembers Fazekas and Quinones and unanimous affirmative vote of the five (5) Councilmembers present, all reports were ordered to be received and placed on file. BUILDINGS & GROUNDS: Committee Chairperson Quinones comnittees reported Progress. FINANCE & ADMiNISTRATION: Committee Chairperson Reiman spoke saying he received information today that came in from the New Jersey Department of Transportation. The Mayor and Council should be receiving official notification next week that we will be receiving a $21%000.00 grant for Terminal Ave. Councilmember Reiman told Attorney Bergen that he got a letter regarding a Sewer User regarding a potential settlement for a potential litigation for a company in town that hasn't paid their Sewer Bill in about ten (10) years. There were some mistakes made and they were going to be fined and it turned out they were dumping treated water into the sewer system but that was not (inaudible) account. He questioned whether we needed a resolution and said he knew we approved the settlement in the Agenda Meeting. Attorney Bergen said ultimately we should have the Mayor execute some kind of document resolving that issue. We should probably have a resolution but if it is based upon the terms and conditions we have discussed you can probably make a motion to have the agreement in the form acceptable to him and we could just have the company draw it up so we don't have to deal with it. We have also been negotiating with the County to handle some -- street paving for that year. We are told now that the County will put us on their list and we will have the potential to pave another ten (10) twelve (12) streets in Carteret at cost as opposed to going 5 NOVEMBER 1, 2001 Comittees Cont: out to bid. This year the paving program us about $190,000.00 and saved us somewhere around $700,000.00. He then mentioned the bids for the Waterfront Park. Attorney Bergen advised him not to discuss that at this time. Councilmember Reiman said he discussed with the County the potential of bringing in a substantial grant for Phase II. With that Progress. FIRE: Committee Chairperson Rios then spoke, saying he wanted to commend Councilman Reiman and our Engineer, Don Norbut, concerning that grant for Terminal Avenue and (inaudible). He then went on to say the Fire Prevention Bureau is continuing the Fire Prevention Education in the schools. Up to date they have instructed over 1600 students on Fire Safety. They have also selected their poster contest winners and they are James Viel of Gateway School, Joseph Witkowski of Holy Family, Erica Perez of Minue School, Philip (inaudible) of St. Joseph's School, Justin (inaudible) Middle School, Raul Perez of Columbus School and Travis Taylor from Nathan Hale School. The winners will receive a savings bond and a ride to school in the fire truck. He said this past Monday, members of the Fire Department met with Amoco officials and the Coast Guard to conduct Amoco's National Annual Disaster Drill. These drills are important and they keep us in compliance with Federal Regulations and they also prepare us to have our neighbors be prepared, along with our local Fire Department, in case of an accident or emergency. He congratulated Firefighter George Simms and Fire Captain Mark Virag for completing a three (3) week Fire Investigation and Explosion Training Class at the Middlesex Fire Academy. The Firefighters received hands on training for Instruction of Vehicle Fire Investigations. He also expressed his condolences and said it was a great loss to Carteret, that our two time former Volunteer Fire Chief, Michael Bucsak passed away. He said he was a tremendous asset to our community, who had at least 26 plus years as a Fireman, a former School Board member and he was a Parks Department Borough Employee. He will be sadly missed. He then said he wanted to announce to the rest of the Council that he has been in contact, since August, with Sprint PCS and he has been pursuing to see if they would be able to help us with cell phones. He said they will provide to our school Crossing Guards free cell phones, at no charge to the Borough and it will give them 911 access in case God forbid there is accident or emergency that they may see so they can call 911 and again this is at no cost to the Borough. He spoke to the Borough Attorney about this to make sure everything will be okay and he saw no problem and he thinks it is just an added plus to our School Crossing Guards so they can help protect our children. He reported Progress. PARKS & RECREATION/SHADE TREE - Committee Chairperson Fazekas said he wanted to thank the Carteret Recreation Commission and Beverly Hedesh for the Holiday Inn 6 NOVEMBER 1, 2001 Committees Cont: party on October 27th and he thanked the Carteret PBA for the Ragamuffin Parade and also ShopRite. He mentioned the Soap Box Derby explaining the starting point is at the First Aid Squad at the top of Pershing Avenue. He then sent his condolences to the Bucsak family and spoke very well of Mr. Bucsak. He reported Progress. POLICE: Committee Chairperson Santoro spoke well of the Ragamuffin Parade, that they had a great response. She also assured the people that the Police Department is doing an excellent job. They are doing their best to insure everyones safety. She then went on to speak about Michael Bucsak saying he was bom and lived in Carteret fifty (50) years. He had twenty seven (27) years in the Fire Department, Co. No. 2 and answered over 8,000 calls with high percentages. He held every position and Line Officer and Company Officer. He was Chief in 1987 and 1999. He was Secretary of the Woodbridge Township Fire Officers Association and an Exalted Ruler for the Elks and he was a member of the Knights of Columbus and he served a three (3) year term for the Board of Education in 1980 and he was a Union President for AFSCME. He was on the Fundraiser Committee for the Fire Department. He was the first Chief to serve two (2) terms since the 1800's. This man stood out for Dedication and Volunteerism and he will be missed. PUBLIC WORKS: In the absence of Committee Chairperson Sohayda, Councilmember Rios reported Progress and then asked if there was anything else. Councilmember Reiman again mentioned the County Grant from the D.O.T. for Terminal Avenue and again he and Councilmember Sohayda are negotiating with the County for the paving project that is programmed for next year. He also mentioned the Leaf Program they are renegotiating with Dauman Pallet. BOARD OF EDUCATION: Committee Chairperson Fazekas spoke saying Progress. Proclamation: Veteran's Day - November 11, 2001. PROCI~'IATION Veterans Day The Mayor Read the following proclamation into the record: VETERAN'S DAY NOVEMBER 11, 2001 WHEREAS, we Americans hold freedom as our birthright, cherishing it as the basic condition to our way of life; and -- WHEREAS, our freedom was won in the agony of armed conflict and has since been preserved through willingness of gallant NOVEMBER 1, 2001 Proclamation Americans, men and women, to risk their lives for the perpetuation Veterans Day of the American way of life; and Continued: WHEREAS, there are millions of men and women in all walks of life today who have met the greatest demand of citizenship, honorable military service in time of war; and WHEREAS, the services performed by these millions of American Veterans have demonstrated the willingness of our Nation to meet __ the challenge of armed aggressors who have threatened our freedom and the cause of individual determination throughout the world; and WHEREAS, the Nation and the free world are eternally grateful for the contributions of American Veterans to the advancement of th cause of an honorable world peace; and WHEREAS, it is fitting and proper that a day be set aside to honor those who have served our Nation honorably in time of war; NOW, THEREFORE, I, JAMES A. FAILACE, Mayor of the Borough of Carteret do hereby call upon all citizens to observe SUNDAY, NOVEMBER 11,2001 As VETERANS DAY And ask that the day be observed with appropriate ceremonies in __ honor of those who have served on behalf of the national purpose to preserve the principals of Justice, Freedom and Democracy. I, FURTHER CALL UPON all citizens and business firms to mark this day with the proud display of the Flag of the United States in reaffirmation of our national unity and pride and in rededication of our nations ideals. 1N WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Borough of Carteret, in the County of Middlesex, in the State of New Jersey on this llth day of November, 2001. PROCLAMATION The Mayor then said he had asked the Clerk to include another Take Your Kids proclamation and then read it into the record: to Vote Day DESIGNATING NOVEMBER 6, 2001 IN THE BOROUGH OF CARTERET AS "TAKE YOUR K1DS TO VOTE DAY" WHEREAS, voter turnout among young Americans is at an all- time low throughout the State of New Jersey; and -- 8 NOVEMBER 1, 2001 WHEREAS, parents have a tremendous influence over the future Proclamation Cont: voting habits of their children; and WHEREAS, when parents vote regularly and talk to their children about the importance of voting, their children are more likely to vote as adults; and WHEREAS, our democracy will be visibly strengthened as a result; NOW, THEREFORE, I, JAMES A. FAILACE, Mayor of the Borough of Carteret do hereby proclaim that November 6, 2001 is designated as "Take Your Kids To Vote Day," in the Borough of Carteret and call upon all the people of the Borough of Carteret to join their fellow citizens in recognizing and participating in this special observance. Mayor Failace then said he wanted to speak on a few things. He Mayor Failace, Re: said that he knew that everyone was aware of the Anthrax Anthrax problem/scare that was in the paper last week. He was with one of our attorneys last Thursday night and when he left his office late that evening. He had messages on his cell phone and one was from the media asking him about the Anthrax. He then called the Police Department to find out what exactly was going on. He conunented that Carteret had never been notified by the FBI that anything was going on and said he did not understand why they would do that. He thought that was handled terribly for the people of Carteret. Councilmember Santoro said that she and Councilmember Rios and the Police Chief and Battalion Chief had a meeting and they started getting phone calls about there being a danger with Anthrax and none of them knew. They started placing calls back to track it down and they did an excellent job and they found out they were at the wrong post office and went over to them and asked them not to cause a scare in the town by filming the wrong area so our residents could start to panic. They also informed the Dispatchers, who were receiving the calls what to say, so they could handle it so there was no panic set in. The following day the Center for Disease Control was at the Distribution Center and our Police Chief and policemen were aware of it. They made phone calls basically stating our unhappiness with the way that was handled. She felt that at least the Police Chief should have been notified before he started repeating phone calls so they could inform him correctly. So he did make the phone calls as a follow up and hopefully that should never happen again. They could have faxed us the press release before we would have heard it from the newspapers. They did place the calls so that this would never happen again and cause this complete panic. Mayor Failace said again they did all they could, the right way. All the Borough employees did what they had to do to get the information. He agreed with Councilmember Santoro saying he hopes that does not happen again. 9 NOVISqBER 1, 2001 Attorney Bergen asked if there was anyone that had any questions regarding any issues, so they could go into Closed. Mayor Failace Mayor Failace asked the Council to Amend the Agenda to include asked to Amend Resolution#01-344. Agenda, Re: Resolution fO1-344 Attorney Bergen explained, this resolution is accepting the Attorney Bergen settlement from UNOCAL for $247,926.00, which will include Expl.ained Resolution stored back sewer charges up to and including the time when the --- site now becomes taken over by Ashland Chemicals, which will to his understanding, be billed directly in the State Contract whatever the existing sewer charges are for that particular service. Councilman Reiman Councilmember Reiman said apparently for ten (10) years they were dumping treated water down our sewer system. They were supposed to be discharging into the Arthur Kill and even though the water itself was clean it was still increasing our sewer fee to the county. Although this is not the exact dollar amount we would like, we will take what we can. This is a quarter of million dollars. AGENDa, AMENDED Upon MMS&C by Councilmembers Reiman and Rios the Agenda was amended to include Resolution #01-344. Upon individual roll call vote Councilmembers Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. The Mayor opened Resolution #01-344 to the public. Upon MMS&C by Councilmembers Rios and Reiman and MELTING OPENED unanimous affirmative vote of the five (5) Councilmembers __ Public Input on Resolution -~0t-344 present, Resolution #01-343 was opened for public input. Mayor Failace said that Councilmember Reiman just explained what the resolution was about. Jim Stone asked Councilmember Reiman what the number he had was. Councilmember Reiman said the number was $350,000.00 or $400,000.00. The problem being that there was some question whether we were able to go back some ten (10) years and get the money. Then there was some documentation that the prior engineers knew about it and didn't do anything, so we took what we could. Jim Stone asked if this money was going to stay in the Sewage Account ? Mayor Failace said it is the Sewer Grant. It was a good deal at best. Jim Stone said he didn't want this money flying off somewhere else like it always does. 10 NOVEMBER 1, 2001 John Sudia then asked Attorney Bergen, if we are going back ten (10) years, and questioned the Statute of Limitations in New Jersey. Attorney Bergen told him those questions were in all the issues when the Council decided to take this settlement. Upon MMS&C by Councilmembers Reiman and Rios and Public Portion unanimous affirmative vote of the five (5) Councilmembers Closed present, the public portion on Resolution #01-344 was closed. RESOLUTION #01-344 Upon MMS&C by Councilmembers Reiman and Rios APPROVING SEMER USAGE FEE, Re: UNOCAL RESOLUTION #01-344 "APPROVING SEWER USAGE FEE SETTLEMENT - UNOCAL CORPORATION" was adopted. Upon individual roll call vote Councilmembers Adopted Fazekas, Quinones, Reiman, Rios and Santoro voted in the Affirmative. Councilmember Sohayda was noted Absent. PUBLIC DISCUSSION Upon MMS&C by Councilmembers Rios and Reiman and unanimous affirmative vote of the five (5) Councilmembers present the meeting was declared open for public discussion Jim Stone spoke saying that New York just passed that cell phone Jim Stone, Re: law and by December they are going to start ticketing people. He Ceil Phone Ordinance then asked if we did that last year? Councilmember Santoro said they passed that. Jim Stone said then someone had said they were waiting for signs and asked if it took a year to get signs. Councilmember Santoro said unless you advise people coming into Carteret that we have it in effect, we will not be able to enforce it. She went on to say that another thing that happened in January was we were notified by the Attorney General's Office that there may be difficulty enfoming it and we do have that letter and we have been in contact with the Police Department because as you know in New Jersey it is not a state law and again there might be difficulty then enforcing it and I can bring that back to the next meeting and read the letter that was ......... Jim Stone asked her, then isn't it much better to air on the side of caution, to put the law in and let people complain and say we were wrong, than to do nothing. He doesn't see anything happening. Mayor Failace said we will discuss it at the Agenda Meeting. 11 NOVI~MBER 1, 2001 John Sudia John Sudia spoke saying in reference to the FBI and lack of communication, he suggests we send a strong letter of objection to the FBI and to our representative. Mayor Failace told him he intended to discuss that Thursday night at the Agenda. John Sudia then said on the ordinance appropriated for $450,000.00 he hoped that would be part of the recommendation -- that the attorney look into the (inaudible) powers to demolish these buildings. Mayor Failace said that was separate. They had originally had money in the bond that was there last year, which is still there but we received $450,000.00 no interest loans. Mr. Sudia said he thought it was a good idea. Councilmember Reiman said he sees the way the ordinance reads because that is the program it comes from. Loans and Grants Mr. Sudia said he heard that Carteret has been the recipient of some loans or grants and he asked Mr. Reiman if he could go over what we had received so far. Councilmember Reiman said we have just received a $450,000.00 zero interest twenty (20) year loan. It is the New Jersey Wastewater Trust Fund so that would free up the $450,000.00 in the event of a 2000 sewer line. He said we also received a Federal Grant for the sewers of 1.5 million dollars and we also received a $563,000.00 Library Grant which the Business Administrator and Patrick DeBlasio were working on. We received a $75,000.00 grant from Middlesex County for the Business District Improvement and we received a $219,000.00 grant for Terminal Avenue and we should be getting official notification from Trenton that we do have money. There is also one for $150,000.00 for Carteret Avenue for pedestrian improvements. Councilmember Santoro said there is still one (1) we are waiting for on Borough Hall. One (1) with Menendez and one with Friscia and Wisniewski. for a million dollars and for two (2) million dollars. Councilmember Reiman said as he has mentioned in his Finance Report they are looking for a grant to do Phase II of the Waterfront Project/Waterfront Park and we have had some discussion with a couple of the Freeholders and he said we should be able to get a substantial amotmt. Mr. Sudia commented that the Mayor and Council are doing their job to try and get that free money out there. 12 NOVEMBER l~ 2001 Tom Lang then asked if anyone from the Board of Health in Tom Lang Caneret has been in the Postal Facility in West Carteret to do any Postal Facility kind of testing or have they received any kind of reports from the Government. Mayor Failace said they have a clean bill of health. Councilmember Santoro said as far as she knows the Director of the Board of Health was there the day after the report was made. They had gone to both facilities. They had gone over to the one on Pershing Avenue because there had been an incident and they wanted to make sure it was correct and then they went over to the Distribution Center, because the Center of Disease Control was there doing testing. They were aware of the results. Tom Lang asked if the Board of Health did any outside testing on its own. Councilmember Santoro said the Board of Health would probably fall under the County because it is well aware and felt comfortable with the testing that was taking place. Tom Lang asked that maybe we didn't copy from the one that did do the testing, that they did find nothing and put it on record. Mayor Failace said he believed that is forthcoming. Tom Lang then said he knew we were all aware of the traffic Turnpike coming off the Turnpike. He said he would like to see some discussion at an Agenda Meeting among the councilpeople. He suggested that maybe if they start discussing it an idea will come up. His idea is to put some sort of Traffic Division, to be determined how many you would need. It would be up to the police to determine that. The Turnpike could kick in 25% and Carteret could kick in 25% and the County could kick in 25% and any of the major trucking outfits that are in Carteret that do business in and out of Carteret, those people and all the others could kick in 25% or some sort of monies ........... I want to say police officers, because normally he would listen to a cop more that he would listen to a Rent-A-Cop telling him which way to go. He said he wants to listen to the guy with the gun and he is going to tell him to alleviate some of the congestion in the morning, it doesn't have to be a full time operation, just whatever means you need, whether it be two (2), three (3), four (4) guys, whatever it needs during that specific time frame, in the morning or possibly whenever you get out o f work, 4:30 or 5:00. Councilmember Santoro said she has been in communication with the Turnpike and they do have a program where it could show just cause that they will pay you towards overtime. She said she has to make a couple of phone calls. She said the former Director has eliminated that area. We just put that back into place. Sergeant McFadden is in that division and now we have to move forward 13 NOVEMBER 1, 2001 with it. She is in contact with the Turnpike and they might be able Turnpike Cont: to do just that. Tom Lang said he is trying to think of the fairest way possible because you have the Turnpike, the County, the trucks themselves. It will benefit the people of Carteret using the policemen's eyes and ears to see what is coming in and out of Carteret. He would like to hear more concrete information from the Turnpike. He spoke on this for a short while. -- James Mancuso, Re: James Mancuso asked a legal question in reference to the Cell Cell Phone Ordinance Phone Ordinance. He questioned if there is an ordinance in the book and somebody gets killed and sues, where does the city stand? Attorney Bergen said in New Jersey for a hundred and some dollars anybody can go down and file a law suit, but there is a Statute called Title 59 and you will have broad immunities for not enforcing particular ordinances. The Borough has a limited amount of resources and there are often ordinances that you cannot enforce one hundred percent so he does not think we have any special liability because there is an ordinance that they are not enforcing. That, he thinks is left to the discretion of your Police Department, whether they can properly enforce it or not. Mr. Mancuso said other Boroughs had their ordinance in effect all along and had no problem. He commented he doesn't see why we don't (inaudible). Councilmember Santoro said she didn't see any other towns in -- New Jersey passing this until it is straightened out and they need to do it correctly. Then you would see more towns going in at that time. Mr. Mancuso said the only way you can have towns join in is if you have the first, second and third one. Councilmember Santoro asked Mr. Mancuso if the only other way would be for the state to pass it and then commented that is one of the things they had requested from the beginning. Mr. Mancuso again commented that it is on the books. Attorney Bergen said whether you enforce the ordinance or not, that and the issue of liability are not necessarily tied together. You can't enforce the ordinance of the Borough, but, in terms of not enforcing you are subjected to more liability, he doesn't think we would be subjected to anymore civil liability then we would be. Wison Santana Wilson Santana then spoke saying he was a resident of Carteret for the past three and one half years. He came into Carteret with his __ family, with the "American Dream", thinking it would be a good place to raise his family. In 1998 he applied through an add in the newspaper, Housing Services Incorporated. He went through the 14 NOVEMBER 1, 2001 procedure, he qualified, etc. He has been on the list since 1998. Wilson Santana Last week he made a phone call to the Sr. Housing Inspector, who Redevelopment Prograra is in charge of all the paperwork and it is a Redevelopment Program for Carteret. It was made available for all homeowners that made X amount of dollars and have a home in Carteret. Then he talked the Sr. Housing Inspector's secretary and he was informed that the program would be stopping because the Borough Council had made some kind of amendments to stop until further notice and he was told to get in touch with Mr. Riggio, who told him to come and state his piece at this meeting. Councilmember Reiman asked Mr. Santana if Mr. Riggo asked him to come to the Council Meeting. Mr. Santana said he told him to go there and speak. Councilmember Santoro asked if the other company told him that the program had stopped. Mr. Santana said yes, that he should get in contact with the Borough of Carteret, Community Development Program that had stopped and it was not going to proceed any further until they found out that had HSI, the Housing Program were going to be the consultants or whether they were going to go independent or they were going to bid out. Irregardless, what he understood was that most of the homeowners on the list, they were next in line, were going to get their rugs pulled from under them and they were left in limbo. Mayor Failace told him they were not getting the rug pulled out from under them, but until further notice, they are not right at this moment they are not doing any new ones. Councilmember Reiman said we just recently approved a month ago, an additional, $60,000.00 to HSI. He said that would take them over until January. Councilmember Santoro asked Mr. Santana if they told him he was to have been next. Mr. Santana said they told him he had been on hold until September, for whatever reason. Councilmember Santoro said only because they were informed. We brought this service in, because this is new to us because we are paying them and we want to be informed and we were told this was a first come, first serve situation as long as you qualify. What we had questioned was none of the Council were made aware of who was on the list and who was next. That was always what our concern is. They had heard before that residents were being called off or they weren't getting the money. She said her concern is that nobody had stopped the program and stated that this Council is looking to get more money from another township and it is the first time in three (3) years that new money is coming in. So absolutely 15 NOVEMBER 1, 2001 they want it continued, the question is can we get more money REDEVELOPMENT doing it differently or a better percentage then with the company PROGRAM CONT: that we had in place. Never stopping the people that were on the list. Never stopping the use of the RCA's that were already out there and committed for this program. Again, we were looking for new money coming in and it is a shame that this company told him that information and she said she is glad he came to the Council to find out. Mayor Failace said right this moment we are on hold for any of the homeowners next on the list. That is not to say that it stopped forever. He explained that if you were the last person on the list, as soon as the program starts and the money is there, he would assume you would be the next person they would call but until the Council makes the decision as to whether it is HSI or another company that goes through the approval, etc., it stays. Councilmember Reiman told Mayor Failace, if this was the case and he don't believe this is the case, because when they discussed this with John, HSI ran out of money. We came up to where we were out and gave us an additional $60,000.00, which was suppose to take us until next year, January or February. Mayor Failace said the fact of the matter is, as he said, the list will continue and it will get done. He tells us that right at the moment, whether it be for one (1) month or two (2) months, it is on hold. Mr. Santana said the problem is, as he sees it, is that he and the people behind him on the list are being left to nibble without any type of notification. Mayor Failace told him that they were not going to call people and say it is not going on. They didn't want to create a panic. The Council has to decide whether they want HSI or someone else and then when they make that decision it will continue. He would bet you to say if they do it very soon at the beginning of the New Year it will move right along again. Councilmember Reiman told Mr. Santana as Councilmember Santoro said they are looking to bring in additional RCA money and to continue this type of program. One of our concerns is that we paid them nearly 20%. If we allocate $25,000.00 rehabilitation on your home we have to pay them 20% of that cost. So if we can save money somehow then we can look at it. Perhaps there is~r~ther firms out there that may be able to do it cheaper. We have recommendation, or had recommendation for (inaudible) and a current recommendation from our Construction Officer who said it can be done in-house at no additional cost and then he commented that he didn't know if it was necessarily true that it could be done in house. He said they are discussing with HSI the fee they are charging us. 16 NOVEMBER 1, 2001 Mr. Santana asked what is the Town Council/City doing to Wilson Santana beautify the Chrome Section? He said everyone that comes to visit Chrome_ Section Carteret sees that place is so depreciated. Mayor Failace said we have a Redevelopment Agency that was created for this year. They have plans to redevelop that section, which is lower Roosevelt Avenue and he would like to believe that within the next few years we will start to see that happen. Mr. Santana said he is thirty-eight (38) years old and for the past twenty-four (24) years he has been looking in Carteret the same way. He said that one of the reasons he moved into Carteret is because he felt there was a way possible for this community to grow and he hopes that these programs do continue. Mr. Riggio then told Mr. Santana that this Council is certainly committed to revitalize this Chrome Section and the lower Roosevelt Avenue and we appointed a Redevelopment Agency and they are in the process of setting up their whole board. Now they will be starting to get the ball rolling to get the plans in place. Mayor Failace said the program to fix the homes will continue as soon as they get more money in. Mr. Santana said he is an Ex-Emergency Management Cadet, Block Captains concerning Civil Defense. He questioned if there was anyway we can start a program within the community for Block Captains. There are some Senior Citizens that need help. Some of them have lost their husbands. He helps them in their homes sometimes when they need help, but in case of an emergency it would be good to have the Emergency Management working side by side with the Police Department. Councilmember Santoro questioned Attorney Bergen about the Councilmember Santoro service company, with the COAH list. She said they understood it Re: COAH is supposed to be confidential. She asked if we could check in with COAH, if they are supposed to be advising people if they are next on the list, or where their position is, for the upcoming money? Attorney Bergen said it is not his understanding that COAH does it. Councilmember Santoro said she meant the company, HSI. Attorney Bergen said only when the money is set aside. Councilmember Santoro said she thought once it was encumbered and assessed, are they supposed to be advising people who have gone for the money where their position is on the list. Attorney Bergen said he imagined that at some point in time they would have to get some advanced notice. 17 NOVEMBER 1, 2001 Councilmember Santoro said we had somebody else come to this Coun¢ilmember Santoro Cont; meeting and say that they were next on the list so her concern is could we find out what they are supposed to be informing the people. Mayor Failace said if somebody goes on the list they know where they are but it is not our position to know where they are. Attorney Bergen said he would imagine he would have to come notify them because there is going to be having a contractor to their house. I.D. ' s Captain Hojecki said Detective Novack is available for I.D's. ADJOURNED There being no further business or discussion, upon MMS&C by Councilmembers Fazekas and Rios and unanimous affirmative vote of the five (5) Councilmembers present, this meeting was adjourned at approximately 8:35 p.m. Respectfully submitted, /~THLEEN Igi.'BARNEY ~.// ---~ Municipal Clerk KMB/lr 18