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HomeMy Public PortalAbout2000/07/13 The Agenda Meeting of the Mayor and Council of the Borough of Carteret, preceding the Regular Meeting, July 20, 2000, was held on July 13, 2000, 7:00 P.M., Municipal Court, Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. The following were noted present: Mayor James A. Failace Councilmember Crilley " Fazekas " O'Brien " Quinones " Santoro Noted absent were Councilmember Sohayda and Nick Goldsack, Business Administrator. Also noted present was Borough Attorney Craig Coughlin. Mailed to The Home News Tribune, The Star Ledger and posted on the Bulletin Board on July 7, 2000. Mayor Failace asked for a Motion to Recess this meeting and reconvene the Grievance Hearing. Upon MMS&C by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present this meeting was Recessed at approximately 7:02 P.M. Upon MMS&C by Councilmembers O'Brien and Fazekas and unanimous affirmative vote of the full Council present this meeting was Reconvened at approximately 7:35 P.M. The Clerk again read Roll Call with the Mayor and all six (6) Councilmembers present and the Borough Attorney. The Clerk again read the Statement of Meeting Notice. a) AT&T Wireless Services. Judy Babinski introduced herself saying that she is the attorney representing AT&T Wireless. She said she was there before them this evening because they entered into a lease with Sprint who has the Monopole right outside the door of the Municipal Property. They went to go through the Zoning process and it appears that there is some confusion and she said she didn't know what. AT&T did not get approval from the Governing Body for us to go on the 1 JULY 13, 2000 AGE2IDA MEEfllK; July 13, 2000 PRESENI' SfATEMENf OF MEEl'ING NJl'IŒ Meeting Recessed Meeting Reconvened AT&T Wireless Services JULY 13, 2000 AT&T Wireless Services Cont: Monopole, so they are here this evening to discuss that with you. She said she has a representative from Sprint here and she also has questions regarding what they are going to do. Attorney Coughlin said they did not go before the Zoning Board yet. The real issue is this is really an expansion of what is permissible as he reads under the agreement. He said really their request is to expand the agreement to allow co-locations to occur. He spoke to Ms. Babinski and Mr. Greenwald from Sprint and there is going to be a number of companies that they have entered into agreements with. Permission to add them, would be requested of the Borough. He has also talked to him about some monetary compensation for the Borough, in order for that to occur, but it is really a question of the Council as to whether you want to allow that expansion of Sprint's rights. Right now they have the right to assign their rights under the agreement, with our consent, but, the agreement is really silent with regard to the co-location issue. Judy Babinski asked if there was a problem. Attorney Coughlin said he doesn't know that there would be any problem. He commented that she should want the Zoning Board to have all their approvals, etc., but it is an amendment to the contract. There is some practical advantage to the Borough in it would obviate the need to have additional towers located in the community. Judy Babinski said something inaudible. Attorney Coughlin asked her if she wanted him to talk about that in public. He told her it seemed to him that she wanted something from the Borough. There will be a monetary benefit to Sprint to do that. He thinks it is only fair that the Borough share in that monetary benefit. Currently Sprint pays the Borough. If they are going to enter into an agreement they are going to be compensated by AT&T and other companies to allow this co-location on their pole. Councilmember Crilley asked if there was going to be additional installed on the ground as well, and are they looking to expand. Judy Babinski said they are going to stay within the fenced in area that Sprint has already leased from us. They are going to put their cabin at the base of the manifold a twelve (12) by twenty (20) foot area and they will put eight (8) antennas around the manifold. Councilmember Crilley asked if there was a situation when Sprint first came in and had this agreement that they were going to provide certain services to the Borough, which they never did. Mayor Failace they were supposed to put some police equipment on the antenna. 2 Councilmember Fazekas said this has been approved and there was promises made. The Clerk said it was a condition on it being approved. Councilmember Santoro asked Tony Neibert if he was at those meetings and asked if it was Planning or Zoning and asked if there was a condition on there. Mayor Failace told Councilmember Santoro it was an agreement but it was not in the resolution. Councilmember Santoro asked if it was on record. Mayor Failace said he believed it was on record. It was an agreement by Sprint too. Council member Fazekas said we have the Pursuance Grant with Sprint and we did have to spend monies for wireless and communications in the Borough and he said that was about two (2) years. He said they have to sit down and talk and live up to the agreement. Judy Babinski said they are scheduled to go before the Zoning Board on July 25th for approval. This is an application that is favorable because they are co-locating a manifold and have to put another manifold in the area. It is just a good thing to do and because of this she is sure some kind of monetary change will happen in the Borough, so, not to hold up their application, because we have to get their system built, and she is sure that Spint will abide by whatever municipal services put on the manifold, she said all she needs is the Governing Body's consent, so that she can go ahead with the Zoning. She has to go through Tony for all the approvals and site plans and everything like that. If she does not get their consent tonight she can't go on July 25th and then it would go until August and this would not be built until late fall. She commented that all she wants is the property owners consent, (the Borough), to be in front of the Zoning Board to get approval to put her antennas on the manifold. Mayor Failace said he thinks this Council would agree that even though they have a problem with AT&T being there or not, that we would have the assurances as to what was agreed at the Board of Adjustment to be done by Sprint and would be done and he commented that they would need something in writing before they could get them that. James Mancuso said he had asked the Municipal Clerk to call Sprint, which she did, several times and spoke to many, many people and they didn't even have the courtesy to call us back. He said it was a five (5) year lease with an option in case we wanted to sell the property and beginning last month we received the first rent since they have been here. 3 JULY 13, 2000 AT&T Wireless Service.!' Cant: JULY 13, 2000 AT&T Wireless Services Cont: Councilmember Crilley asked the representative from Sprint, how come, up until now, with AT&T as a perspective co-tenant, they are in a hurry to make things right after all this time. The representative from AT&T said it may have been when they were Sprint PCS and now they are Sprint Sights USA, which is the management company and since they did the change of management on February 1st of this year, this is really the first she has heard of any of these problems and of course she wants to work with them. Attorney Coughlin said what he doesn't sense, is there is a consensus to the principal to allow AT&T to co-locate. He said it seems apparent to him that he has a week to get together with Robert and put together an agreement that the Council can approve at our next meeting, a week from tonight. That still allows it to get on the Agenda and allows us to approve it by the 25th. Councilmember Fazekas told the representative from Sprint that they haven't delivered to us, they have not negotiated faithfully. Mayor Failace said we are certainly not adverse to AT&T and their need to do this. He asked Attorney Coughlin to get together with them and structure the agreement as such, that if Sprint does not meet what the Borough has expected of them and what the Borough asks them to do, that they lose all rights on that what-so- ever. He asked Attorney Coughlin if we could do that. Attorney Coughlin said we can if they will agree. Councilmember Crilley said he didn't think that this Council should be constrained to the time of one (I) week. Mayor Failace told Councilmember Crilley what goes into this is in fact, time lines and dead lines to do specific things that are not done and if in fact they agree to that when they meet for negotiations this week with Attorney Coughlin, they will lose the right to that. Attorney Coughlin said his mandate is good. Judy Babinski said if he gets the approval for them to go ahead with the zoning process and they appear on the 25th and they will have to revise their site plan, so for them to put an antenna up, they are looking about a month or two down the road. Councilmember Crilley said once they get their consent they cannot stop her and we can't force them to live up to their agreement. The representative from AT&T said we can always hold them in default of their lease. Councilmember Crilley said that is litigation and money. 4 The representative from AT&T said they wouldn't want to do that either. Councilmember Fazekas said the first thing he would want to do is get a check from all the back rent they are dle. Attorney Coughlin said he thinks that we need an amendment to the agreement to permit it so we would need a resolution. b) Borough Engineer - Eric Betz from Killam Associates spoke, Re: Town Center Revitalization Project - Contract No. 99-21 - Eric said the general contractor, Marvec Construction Co. has submitted shop drawings and most of the required documents for review and approval and scheduled the pre-construction grade survey for next week. Underground Storage Tank Removal - Contract No. 00-01 - Eric said Target Environmental Co., Inc. has completed the removalJabandonment of underground storage tanks at the Police Station (1 UST), Public Works Garage (2 UST's) and the Wastewater Treatment Plant (5 UST's) and upon authorization by the Borough the fifth UST was removed and discarded. In addition soil samples were received this week. He also spoke on change orders they were requesting. Public Works Facility AST and Fuel Management System Contract No. 99-20 - Eric said a pre-construction meeting for this project was held on June 29, 2000. The contractor spoke on what he was submitting and what he would be ordering upon approval and according to his schedule he anticipates mobilizing to the job site on July 17th and start-up of a new fueling system by August 4th. In addition the Public Works Department and the Police Department has requested that the existing motorized access gate requires replacement. Police Station - Courtroom EmergencyExit Door - Eric said their office prepared and distributed Requests for Quotations to ten (10) contractors last week for the installation of the proposed emergency exit door and associated handicap accessible ramp on the southeast corner of the CourtlMeeting Room. The quotations are due on Thursday, July 20, 2000 and then they will prepare a report on the results and recommendations for the Mayor and Council. Re-roofing of Municipal Fire House and Police Headquarters - Contract No 98-6 - Eric said this contract was considered complete in March 2000 and a final change order No. 4 and payment estimate No. 4R was prepared by their office and forwarded to the Borough for processing. He also said that following the heavy rain last week, representatives from the Police Department notified their office that a leak was evident in the cell block area of the building. Barrett Roofs was contacted and made minor repairs on 5 JULY 13, 2000 AT&T Wireless Services Cont: Borough Engineer Town Center Revitalization Project Underground Storage Tank Removal Public Works Facility ASf and Fuel tb.~=... System Contract Police Station- Courtroan Fmergency Exit Door Re-roofing of ~ Fíœ lbÐe a:rl Riliœ lm:I:prt.ers .J.IY 13, 2000 Re-roofing Cont: Carteret Park Athletic Court Improvements Applications for Restricted Parking for Use by Harlic~ "furson Library and Senior/ Conm.mity Center SBÆR FACILITIES Phase II the 7th. After more brief rain and continuous ponding of condensate from the air conditioning unit the Police Department notified their office that a leak was still evident. Their office investigated the leak and found it originated from the air conditioning unit. Aerco Heating & Cooling visited the site and replaced the belts and cleaned out the condensate drains and they will return to replace air filters and further investigate. It is Killam's recommendation to have all the air conditions inspected periodically in the Borough by a heating and cooling company or maybe replacing some in the next year or two. Carteret Park Athletic Court Improvements - Contract No. 00-07 - Eric said the bids were received for this project on Tuesday, July II, 2000. The apparent low bidder was Halecon Inc., with a Base Bid of $124,275, a Supplemental Bid of $38,220, for a Total Bid of $162,495 as indicated in the attached Report Upon Bids Received dated July 12, 2000. Their recommendation is to award the contract to Halecon, Inc. upon review and funding consideration by Mayor and Council. Applications for Restricted Parking for Use by a Handicapped Person - Eric said they have completed the review of several applications for restricted parking spaces along Edgar, Markowitz and Warren Streets in the Borough. Restricted parking does not seem warranted at any of the locations. For 82 Edgar Street there is street parking and an adequate driveway with a space up to three (3) vehicles. At 126 Markowitz Street has off street parking for up to three (3) vehicles and on street parking is available. 33 Warren Street has adequate off-street parking for two (2) vehicles and there is available on-street parking. Library and Senior/Community Center - Cooke Avenue Closure- Eric said as requested by the Borough, Killam Associates coordinated and assisted with the implementation of temporary closure and placement of traffic protection and safety barricades required along the approaches to Cooke Avenue in front of the Library Project. This was necessary since the general contractor did not implement the required safety measures in accordance with the Contract Documents. Killam in conjunction with our traffic consultant Horner & Cantor prepared the necessary detour and closure plan and assisted the Borough with the purchase and installation of the proper safety barricades and warning signs. The professional service fee is $7,164.65. A resolution is requested deducting the invoiced amount from the remaining Library Project balance and authorizing payment to Killam Associates for services rendered. SEWER FACILITIES: Linden Street, Hermann A venue and Cypress Street Sewer Separation - Phase II - Eric said following the completion of the surface course paving along Linden Street between Washington and Carteret Avenues. Since the problem was partially related to a pre-existing condition along Linden Street, the contractor, Stacey 6 JULY 13, 2000 Contracting, Inc. has requested a change order in the amount of $2,989.17 for the cost of asphalt for the additional overlay. Upon approval of this change order the final contract value of this contract will be $243,073.57. Cooke Ave. Sewer Rehabilitation & Pershing Area Sewer Separation - Contract No. 00-02 - Eric said the contractor has completed the pre-construction internal television inspection work and is progressing with the sewer rehabilitation work along Cooke A venue and he is expected to separate three (3) "illegal connections" along Pershing Avenue, Blanchard and Emerson Streets next week. Contract No. 00-02 Sabo Street Pump Station Replacement and Sanitary Sewer Improvements - Contract No. 99-13 - Eric said a pre-construction meeting was held with Ace Manzo Inc and D. Manzo & Son, Inc. on July 12, 2000 for this project. The contractor is in the process of submitting shop drawings and anticipates commencing work within the next two (2) weeks. Eric said they estimate a construction period of approximately 100 days for the contract. Contract No. 99-13 Illegal Connection Identification & Infiltration /Inflow Reduction Program. Suspect Area Sewer Cleaning and Internal Inspection - Contract No. 00-06 - Eric said bids were received on June 26, 2000, for Contract No. 00-06, "Suspect Area Sewer Cleaning and Internal Inspection," and our Report Upon Bids Received was sent to the Borough last week and has been attached for your reference. Based upon the information provided, we recommend award of Contract No. 00-06, National Water Main Cleaning Co, with a bid of $70,211, which was $42,649.10 less than the second bidder. Contract No. QO-06 Smoke Testing or Various Suspect Areas Smoke Testing Eric said as a continuation of the identification of the inflow/infiltration sources into the sanitary sewer system their office has completed the smoke testing of identified sewer reaches in the Bergen Street area, Hayward Avenue area (continuation of the Hill District Evaluation), and a portion of Central Carteret. Upon review and analysis of the results a report shall be issued to the Borough. Emergency Sewer System Repairs Fmergency Repairs Eric said a sink hole condition was identified by representatives from the Sewer Department at the intersection of Irving and Longfellow Streets last week. Apparently the heavy rain experienced the previous week coupled with the failing sewer joints in the Borough's existing storm sewer resulted in the pavement being undermined and a large void and sink hole was created. Due to the urgent nature of the repair, National Water Main Cleaning Co. was contacted to provide an emergency internal inspection of the sewer confirming the location and the cause of 7 JULY 13, 2000 Fmergency Repairs Cont: Sewer Project Bond Ordinance the failure. Upon authorization of the Borough the price and repair was done by B&W Construction and the work was completed on Monday, of this week. A storm sewer inlet along Wedgewood Drive and the entrance to the shopping center was badly deteriorated and collapsing. After being authorized by the Borough, B&W Construction provided a price for the repair and the inlet was reconstructed on Wednesday and Thursday of this week. Sewer Project Bond Ordinance Eric said as per their latest discussions with the Business Administrator, the revised Sewer Bond Ordinance, under consideration by the Borough, included the projects listed below: Pro;ect Estimated Proiect Cost Dorothy Street Pump Station ICl & III Reduction Program Projects Roosevelt A venue Pump Station Improvements Annual Sewer System Emergency Contract Stormwater System Improvements (Pinho Area, Milik Area, Harrison Area & E. Elm Area) Harrison Avenue Pump Station Replacement Hill District Stormwater System Improvements Sewer Rate Study Wastewater Treatment Plant Demolition Total $450,000 $305,000 $100,000 $120,000 $250,000 $400,000 $1,400,000 $75,000 $450.000 $3,550,000 Councilmember Santoro said they went through a whole presentation and we were at 2.4 million dollars and her question to Al Beninato, at that time, was she thought the Hill District was one of the neediest areas and she questioned whether there was some way they could switch around some of the items. She said not to keep adding, but if there was some way they could do this in a different priority and keep it around. Mayor Failace told her to decide what one she would want to cut out. Council member Santoro suggested the Wastewater Treatment Plant Demolition because they were told it was not a priority. Mayor Failace said he would still like to talk to Nick Goldsack to see why he wants that done but the bottom line is that it costs us more money every time we have to do something like this, a bond, or it could cost us another fifty grand to go through this whole deal, he thinks the smart thing to do is to just do it. They probably should have done it for more, instead of doing two (2) years of two (2) and two (2). He explained to Councilmember Santoro that this list was already prioritized and he was not sure that the way to go was to cut this list. He said we have ten to twelve million 8 dollars of sewer projects that have to be done and whether they do it this year or do it at higher interest rates next year that does not preclude us from getting any money because if we get money we still have others to do. Council member Santoro said when Patrick DeBlasio sat out in the audience and said there is a certain amount that we had left, that we could pay this bond out of the sewer area, because we had so much that would still be within the flow of the money that is being brought in by the sewer bills. This is pushing it up and we probably can't pay for it. We will be in the red next year in February anyway. Mayor Failace said his point is if Nick Goldsack and Patrick DeBlasio say we can, he believes this is what they should do. He believes within the next three (3) years they will have some real problems financially in the sewer account, if they don't make some moves and do some of the things that have to be done. He said he will review this with them and then the Council can make a decision. ROAD PROJECTS: Cornell Park Basketball Court Resurfacing Eric said the basketball court was resurfaced by Halecon, Inc. last month. The finished work has been deemed unacceptable by our office and the Borough. The Contractor has agreed to re-mobilize and perform corrective measures. Officers Carmine Pannullo & Salvatore Renda. National Night Out. March 16, April 24 & May 4, 2000. First Reading - #00-28 Bond Ordinance, Appropriating approximately $3,100,000.00, Re: Sewer Improvements. #00-29 Amending Code, Re: Receipt of Bids. Public Hearing - #00-27 Eliminating Certain Permit Fees for Carteret Senior Citizens. 9 July 13, 2000 Seiwer Project Bond Ordinance Cont: ROAD I'ROJIiLfS Cornell Park Basketball Court Resurfacing OATHS OF OFFIŒ PROCLAMATIOO HINUl'ES FOR APPROVAL ORDINANCES JULY 13, 2000 RESOUJITOOS APPLICATIOOS aHroNICATIOOS RESOLUTIONS: Directing the Issuance of Various Raffle Licenses. Refund of Tax and/or Sewer Fee Overpayments. Authorizing Execution of TW A Permit - Earth Tech, Inc. Professional Services - Schoor DePalma, Inc. not to exceed $57,000.00, Re: Action Plan for Lower Roosevelt Avenue Business District. Authorizing Bids - Used Backhoe. Councilmember Crilley asked why they are buying a used backhoe. Council member Sohayda said the new one is approximately forty to forty-five thousand dollars. He said he saw the yellow one out by Superior Auto Body and it is in good shape. They want $30,000.00 for a used one and he is told it is a very apropos price. Councilmember Crilley said he did not think they should buy a used piece of equipment. Mayor Failace told Council member Sohayda he agreed because that is one of the mistakes they have been doing in the past. The Governing Body decided to authorize the bids, a backhoe, not a used one. Authorizing Mayor to Execute Agreement - J. Caldwell. Tax Sale Certificate - Redemption in Installments. Budget Insertion - Urban Enterprise Zone. Reaffirming Appointment - C. Pannullo. Authorizing Extension of Time for Payment of Taxes without interest to August 31. 2000. Property Tax Cancellation and Refund. Waiving Application Fees for Board of Education, Re: CHS Improvements. Professional Services - Mc Manimon & Scotland, Esqs., not to exceed $4000.00 Re: Various Financial Matters. Approving Fireworks for Ethnic Day. Volunteer Fire Company #1 - Approval of new member, Carla Mascaro. County of Middlesex - Resolution and Agreement with Middlesex Water Company, Inc., Re: Milling and Paving Portions of Washington A venue and Roosevelt A venue. Earth Tech - Legal Notification of Application to NJDEP for a Freshwater Wetlands General Permit. - 10 Board of Health - May 2000. Clerk's Office - June 2000. Inspection of Buildings - June 2000. Sewage Collection - May & June 2000. MATTERS FOR DISCUSSION: Janet Stark & Jane Van Woeart Personnel Matter. - This will be discussed in a Closed Session. Islamic Community of Carteret - Requesting Borough Property- Mayor Failace said certainly we are not against a piece of property for the Islamic Community but he is not so sure that is the piece of property.. .. .. . you want to recall in the past they had some other groups that came for that piece of property and we said no because of the plans for Lower Roosevelt Avenue. He suggested maybe John Riggio can find some other piece of property. Captain Hojecki - Request Relocation of Bus Stop from Lower Roosevelt & Pershing South One Block to Salem & Roosevelt Avenues - The Governing Body also wanted to look into making the one by Berger Express larger. Councilmember Sohayda will call and inquire about this. Planning & Zoning Board - Resolutions adjusting salaries of Zoning Officer and Engineer/Planner - This will be discussed in Closed Session. EKA Associates - Recommending reduction in Performance Bond, Re: Atlantic Realty Development Corp. - The Governing Body wants to know why they want the reduction. Mayor Failace will check into it. Bids - Park Athletic Court Improvements - The Clerk said this was already discussed. It will be re-bid. Board of Health - Abandoned properties - Mayor Failace said the Council should review what they have and the ordinance and discuss this at the next Agenda. NJ Department of Personnel - Eligible/Failure Roster, Re: Firefighter - The clerk asked if we are hiring and should she get a certification for this. Mayor Failace commented that he thought we did not have the money at the moment to do that and that Nick Goldsack said we would have to wait until November. Councilmember Santoro said she was in the office today with Nick Goldsack and Pat De Blasio and they felt comfortable with it because they would only be paying a portion towards the firefighters this year. JULY 13, 2000 Rt;lQ{IS MATI.'ERS FOR DISCUS5J(N .Jret Stark & .l3œ Væ WJært Islmñc <lnmnity of CartEœt C"¢ñn lbjtrld PIanirß & Zmirg IhB::d ERA """""isot"", Bids - Ru:k Athletic QJ.rt :Jíq:mimmts Imni of lmltil - Ahnhul PI:cprtj.cs N.J. lè(X. of !h"",."¡ .J.IY 13, :DXJ Ibliœ !)i,H,.ldS ~ I'è:ibrt tÆtirg FA tÆtirg Re:xnaøl tl6JÆH) 10 IE AllE> UEZ F\mding EMf Course Councilmember Fazekas said they could hold the interview Tuesday but they did not have the certification. The Clerk said if they get the certification by Thursday they could put it on Thursday's meeting. Police Dispatchers - Appointments - Councilmember Quinones said they would discuss this in Closed Session. Tony Neibert - Requesting amendment to Land Development Ordinance, Re: Bulk Schedule. Councilmember Santoro asked Mr. Neibert how complete they are on the Library Project, to get a Certificate of Occupancy. Tony Neibert said they are 75% complete. Mayor Failace said he would like to take a five (5) minute Recess. Upon MMS&C by Councilmembers Sohayda and Fazekas and unanimous affirmative vote of the full Council present this meeting was Recessed at approximately 8:45 p.m. Upon MMS&C by Councilmembers Crilley and Fazekas and unanimous affirmative vote of the full Council present this meeting was Reconvened at approximately 8:50 p.m. BUSINESS TO BE ADDED: Councilmember Fazekas said they will talk more about the Fire Truck and the UEZ. Now that the bond was passed they will need to go ahead. They are going to wait a little while so they could get some funding from the UEZ and then Councilmember Santoro can pursue that. Mayor Failace said he was undert:œ impression that there was something passed a while ago that we were not allowed to use UEZ Funds for that. Councilmember Santoro said there is a possibility of $200,000.00. Councilmember Fazekas said also in that Bond they have a Volunteer Fire Truck and some equipment. He went on to say they have received, for the Clerk's Office, Document Imaging Hardware and Software and they will begin that within the next month. He said next we will network the Police and Fire Departments together and we will be getting Comcast for Internet Access for the whole Borough. Councilmember Santoro said that the EMT Course begins III September and that is why we need to hire a Firefighter now. 12 Mayor Failace said he had talked to Nick Goldsack a week or a week and one half ago he said it wasn't in the budget. Councilmember Santoro said Brian O'Connor said there was $10,000.00 out of last month's overtime that was saved. Mayor Failace said then that is fine, they will be okay. Councilmember Santoro said there was a letter sent and they sent it over to the Library about splitting the security system, but she explained there seems to be a snag from the Library agreeing that we are doing this. She commented that we don't have to ask their permission to do this. Councilmember Santoro said in reference to bills, she mentioned about the Police Department air conditioner and also in the new Rec Building the air conditioning is not working. The filters were not cleaned and they were built too close to the building. Mayor Failace said that should still be under war~antee. Councilmember Santoro said right now they are in the process of removing the hot water heater out of the building because that was incorrectly placed. Councilmember Crilley said they encumbered the funds to do that so if they can't do it get a new contractor because it has to be done. It is a safety hazard. Councilmember Santoro said she wanted to inform them of two (2) other bills. They are November of last year bills. One for $1840.00, that has to come out of the asbestos account. It will have to come out of Buildings and Grounds. This bill was bounced around and was never done correctly. She said Patrick DeBlasio will find out about this. Councilmember Santoro said the second bill is for $3890.00 for furniture, from Library Creative Concepts. This was ordered back in November, with no Purchase Order and not encumbered. Councilmember Santoro said another thing is, the Afternoon President of the Seniors told her that he gave Nick Goldsack a list of different items they are going to need when they move over to the new building. She said they need tables. Mayor Failace said he told them they will bring over any old tables they need until they can replace them with new ones. Councilmember Santoro said the second problem they have is the kitchen area. Middlesex County has the Lunch Program over there and they will not approve us with just the sinks in place. No equipment was ever ordered for that kitchen. Councilmember Quinones asked what they needed for approval. 13 JULY 13, 2000 Library/Security System Police Department Air Conditioner Hot Water Heater Bill, Re: Asbestos Accotmt Bill, Re: Library Creative Concepts Tables; Re: New Cœmmity Center Kitchen JULY 13, 2000 Kitchen Cant: Assembly Conmittee Sanitary Line Re: High School Children, Re: Minnesota John Riggio Cell Phone Ordinance Councilmember Santoro said a stove and a refrigerator. She then asked if we were going to remove the little stove and the refrigerator out of ....... Mayor Failace said no. Councilmember Santoro said they need to get something in place so they will approve us. Councilmember Santoro said next Friday they are to speak in front of the Assembly Committee for our Borough Hall Grant. They called her yesterday to tell her our name is on for the Agenda for Local Government and if they pass that they go on to the Appropriations Committee and then they would go to the Senate. Councilmember Santoro said at the High School they found another sanitary line. It goes across the field to Park A venue. She went on to say that on August 2nd there is a Special Meeting for Nathan Hale for the Zoning Board, for the Board to be heard so they could accept the bids for Nathan Hale. Councilmember Sohayda asked where the kids from Minnesota came from. Mayor Failace said Senator Vitale has them painting buildings. Councilmember Santoro said John Riggio was driving to work with his arm out the door and a Garbage Man threw a garbage pail and injured his arm. Councilmember Sohayda said the Garbage Men are also missing streets. Mayor Failace told Councilmember Sohayda to call them in (Manella) and he and Ted Surick would sit down with them and tell them we will not tolerate that. Councilmember O'Brien again mentioned that he wanted to request an ordinance banning the use of cell phones while driving. He said the first time he suggested this they dismissed this and since then other towns have passed this and he had a copy of some of their ordinances. He told them if they dismissed this again tonight he will just keep bringing it up until he is off the Council. He spoke briefly on this saying how dangerous driving while talking on the phone is. Councilmember Santoro commented that they should let the other towns test the water first. Councilmember Quinones said they will take it into serious consideration. Councilmember Fazekas said he had no problem with it. 14 JULY 13, 2000 Mayor Failace said the Governing Body will take it into consideration and they will have the Borough Attorney look at it and then they will let him know. Councilmember Santoro said she met with Councilmember Fazekas and they had a Technology Meeting and then they met with the First Aid, Paid Fire Department, Volunteer Fire Department and they are setting another meeting up for July 27th, at Borough Hall at 7:00 P.M., concerning, money and different circumstances the First Aid had asked that we bring back to them. Technology Meeting Attorney Coughlin said while they adopted the Ordinance with regard to the Open Space they never adopted a Public Question, so they need to put that on the Agenda for a Public Question that would go on the ballot. Public Q.Jestion Attorney Coughlin said he received a proposed developers agreement , it is with White Rose, who proposed to give the Borough $15,000.00 to assist in the infrastructure cost as a result in a change in their plan. Proposed Developers Agreement Attorney Coughlin said he has received a request for a couple of ordinance amendment changes, with regard to the Curfew. He received a fax from Detective Tardiff, copied from Chris Elg. The proposal is to amend our current Curfew Ordinance to prohibit persons thirteen (13) and under from being out after 10:00 p.m. and 11:00 p.m.on Fridays and Saturdays. Cited in support is the Federal Missing Children Assistant's Act saying that children under thirteen (13) are at risk because they don't have survival skills and are not use to the independence and they also proposed establishing a 7:00 p.m. curfew for all juveniles under the age of seventeen (17) for October 30th and a Trick or Treating, October 31 st, limit. He said he will prepare this ordinance. Qn:few Ordinance Attorney Coughlin said as a result of the meeting that took place with members of the Housing Authorities, Members of the Council, Mayor, Police Officers, they talked about the creation of an ordinance which would essentially be for Loitering for obtaining or distributing Controlled Dangerous Substances. The advantage to the Borough is that it would speed up the processing and allow them to more effectively combat the problem. He would recommend to prepare an ordinance for their consideration. Loitering Ordinance Attorney Coughlin said with regard to Professional Services, first the Saperstein Litigation is going to heat up a little bit and we need to appropriate some more funds for that. There is an outstanding bill so he would recommend that they increase it about $10,000.00. He went on to say they also have a situation in a matter of a slip and fall and is recommending that we appoint Special Counsel (Spadoro Hilson) and they will vote on that in Open Session next week. This should be for about $3000.00 to $3500.00. He went on to speak about Allied Risk, who is our Workers Comp Carrier and he said right now the way settlements are arrived at are a little bit unusual in that the Borough has to approve dollar one in Saperstein Litigation 15 JULY L3, 2000 Saperstein Litigation Cant: settlement. They have asked if we could grant them some limited authority to settle matters under $5000.00. Councilmember Santoro asked if we are happy with them. Attorney Coughlin said we weren't. He suggested to maybe solicit other carriers. Mayor Failace told Councilmember Santoro that there were questions on both sides as to who was at fault. Attorney Coughlin said he will call them back and say he talked to the Council and they said no. Linden Transfer Station Mayor Failace said a while back he was granted designated interested party on the Linden Transfer Station so we will be kept well informed as to what is going on. ~als Mayor Failace said he had a meeting with a Borough resident today, in reference to a young girl who graduated from Carteret High School and she is in the Arts and she is looking to give a little back to Carteret. She said they want to do some murals in the town through the High School Students involved in the Arts. He commented that he would not be available the next week but after that he would sit down with her and Dr. Vita and some of the Board of Education Members and put something together. He said John Riggio would help her with some Grant Money. In the areas that they do the murals they also want to do clean up. Counci1member Sohayda noted Absent At approximately 9:27 p.m., Councilmember Sohayda was noted absent. Mayor Failace said he wanted to go into Closed Session to discuss Litigation, Personnel and Grievances. RESOUJITOO #00-213 Upon MMS&C by Councilmember Santoro and Fazekas Resolution to go Into Closed Session RESOLUTION # 00- 213 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was Adopted. Upon individual roll call vote Councilmembers Crilley, Fazekas, O'Brien, Quinones and Santoro voted in the affirmati ve. MEEl'ING CIDSID MEEfllK; OPENED At approximately 9:28 p.m. a Closed Session was held. Upon MMS&C by Council members Sohayda and Fazekas and unanimous affirmative vote of the full Council present this meeting was opened to the public. 16 Upon MMS&C by Councilmembers O'Brien and Fazekas and unanimous affirmative vote of the full Council present, upon no further discussion, this meeting was Adjourned at approximately 10:43 p.m. Respectfully submitted, ...., ~~~y Í<A HLEEN M. BARNEY V Municipal Clerk KMB/lr .~ .J.IY 13, m> ADJOURNED