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HomeMy Public PortalAbout1999/05/13 An Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting of May 20, 1999 was called to order by Mayor James A.Failace on Thursday, May 13, 1999 at 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Patrick Crilley " Jack Fazekas " Stanley Gutowski " James Mancuso " James O'Brien " Remy Quinones Also noted present was Borough Attorney Craig J. Coughlin. Mailed to the Home News Tribune, The Star Ledger and posted on the bulletin board on May 7, 1999. TO ADDRESS GOVERNING BODY: a) Brian O'Connor - Taken Off b) Borough Engineer Borough Engineer Albert Beninato read his report and discussed the following subjects: 1. Borough Hall- Microbial Testing Report 2. Port Carteret Drive - Comail Crossing/Amax Realty Development Inc. Councilmember Crilley suggested they get something in writing from AMAX regarding the costs and reimbursement. 3. TEA-21 Grant Application 4. Sewer Facilities - Administrative Consent Order - NJDEP 5. Linden Street, Hermann Avenue & Cypress Street Sewer Separation - Phase II 6. Bergen St. and Hayward Ave. Pump Replacement and Rehabilitation 7. Improvements to Louis and Fillmore Street 8. Industrial Road Extension - Federal Grant Counci1member Mancuso suggested that signs be put on Industrial Road waming of the dips. 9. Road Opening Procedure I Coordination with utilities. 1 Mayor Failace asked Mr. Beninato if they had set up some type of meeting with the Borough Hall employees regarding the Microbial Report. Councilmember O'Brien said he is trying to get a meeting together with Eric Betz and Tiffany-Bader for next Thursday. HAY 13, 1999 AGmDA MEEl'ING ROlL CALL SfAnMENr OF MEEl'ING NUITŒ TO AOORESS OOVEENING OOIJY Borough Engineer HAY 13, 1999 CoilllCil President Noted Absent Agenda Amended CoillICil President Noted Present Agenda Amended Public fI"":>,,,iRg - Public Input on Resolutions Hearing Closed ~OO #99-165 Award of Bid - Bergen St. & Hayward Ave PIInp Rep~t & Rehabilitation - P & H ConstrUCtion Adotped RESOUJI'IOO #99-166 Award of Bid - Linden St., Hermann Ave and Cypress St. Sewer Separation Phase II - Stacey Contracting Adopted At approximately 7:35 P.M., Council President Stanley Gutowski was noted absent. Mayor Failace introduced Resolutions #99-165 and #99-166 and asked that the Agenda be amended to include them. At approximately 7:36 P.M., Council President Gutowski was noted present. Upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, the agenda was amended to include Resolutions #99-165 and #99-166. Upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, the meeting was opened to the public for input on the resolutions. There being no comments or objections to the resolutions, upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, the meeting was closed. RESOLUTION #99-165 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers O'Brien and Fazekas RESOLUTION #99-165 "AWARD OF BID - BERGEN STREET & HA YW ARD AVENUE PUMPING STATIONS PUMP REPLACEMENT AND REHABILITATION" Was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the affirmative. RESOLUTION #99-166 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Counci1members O'Brien and Fazekas RESOLUTION #99-166 "AWARD OF BID - LINDEN STREET, HERMANN AVENUE AND CYPRESS STREET SEWER SEPARATION - PHASE II" 2 Was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the affirmative. ORDINANCES: First Reading- 1. #99-17 Amending Chapter 160 ofthe Code, Re: Land Development Public Hearing - 1. #99-15 Capital Improvement Appropriating $25,000 - Computer Equipment. 2. #99-16 Amending Chapter 160 of the Code, Re: Land Development RESOLUTIONS: 1. Directing the Issuance of Various Bingo Licenses. 2. Directing the Issuance of Various Raffle Licenses. 3. Amendment to 1999 Temporary Budget. 4. Award of Bid - Sale of Engineering Plotter. 5. Refund of Tax and/or Sewer Fee Overpayments. 6. Authorizing Mayor to Execute Safe Home Inspection Contract. 7. Authorizing Mayor to Execute 1999 Office on Aging Agreement. APPLICATIONS: 1. St. Joseph Church - Amend BL # 1515. 2. ABC License Corporate Change - Sheenali, Inc, The Liquor Shop. COMMUNICATIONS: 1. Middlesex County Department of Human Services - Public Hearing, May 27, 1999, New Brunswick, New Jersey - New Jersey Transit Senior Citizen and Disabled Resident Transportation Assistance Program 2000 Grant Application. 2. Middlesex County Board of Chosen Freeholders - Resolution authorizing Public Hearing, May 20, 1999 - Proposed Amendments to Land Subdivision and Site Plan Review Resolutions. 3. Middlesex Water Company- Rate Increase Approval. REPORTS: 1. Air Pollution - February 1999 2. Board of Health - March 1999 3. Inspection of Buildings - April 1999 4. Sewage Collection - April 1999 5. Treasurer - April 1999 6. Welfare - March & April 1999 MATTERS FOR DISCUSSION: 3 1. New Jersey Department of Personnel- a) Certification of Eligibles for Appointment - Assistant Violations Clerk. Date of Disposition: 5/22/99. Provisional: Susan Gadecki. - Closed Session b) Firefighter List - Revival and Extension - Closed Session. HAY 13, 1999 ORDINANCES : First Reading Public Hearing ~OOS APPLlCATIOOS <XH1UNICATIOOS REPOlITS HA~ FOR msœssloo Asst. Violations Clerk Firefighter HAY 13, 1999 Soil Ordinance 2. Soil Removal and Fill Placement Ordinance. Borough Attorney Coughlin said this has been sent to the Planning Board already. A change was put in and it should be sent back to the Planning Board. Sale of Snorkel Officer Kitz 3. Bid - Sale of Snorkel - Advertisement already placed. 4. Officer Kitz - Request for legal representation. Closed Session Workman's Compensation 5. Robert Hedesh, Esq. - Workman's Compensation Matter. Borough Attorney Coughlin said he spoke to Mr. Hedesh and the Workman's Compensation company. The Council changed companies about a year ago because this company came in with the lowest bid. Mr. Hedesh has had consistent problems with this company and they have had a number of conversations. The actions of the Workman's Compensation company have been detrimental to the borough. Their contract expires at the end of June and he thought they should seek quotes and replace them. Mayor Failace said they should talk to Mr. Gartland and do something right away. Borough Attorney Coughlin said Mr. Hedesh would deal with the cases he has now. No Parking Zone 6. John Spoganetz, Esq. - Requesting a No Parking Zone for Revival Center Church. Mayor Failace said they should check with the Police first. BUSINESS TO BE ADDED: COUNCILMEMBER FAZEKAS said he would like to discuss what he has in Closed Session. Towed Vehicles COUNCILMEMBER MANCUSO said they have had many cars in the Hill Section that have to be towed. He understands the Police must auction them off and it must be advertised. There are about 40 cars. They want to clean this up. Borough Attorney Coughlin asked if they were worth anything? Councilmember Mancuso said yes. Borough Attorney Coughlin said he would check into it. Permit Process Flyer/Guide COUNCILMEMBER QUINONES said she had a Flyer/Guide for the Process of Permits. It lays out the process for the public in layman's terms. She asked for the Council's permission to have it made available to the public. 4 Mayor Failace asked if she had copies for them? Councilmember Quinones said she has to make copies. Councilmember Quinones said John Riggio approached her regarding Permit Fees for the Community Parking Lot. His office is responsible for collecting the fees. He has indicated to her that not only does his office collect the fees, but they have to do the accounting. She agrees with him that the Tax Department should do it and she would like to change it. Mayor Failace said he didn't have any problem with that. He asked Ms. Quinones to mention it to Patrick DeBlasio. Councilmember Quinones said she would speak to Patrick when he came back from vacation. COUNCILMEMBER GUTOWSKI said there isn't any central location for mail. Every department runs their mail over to the Post Office. He suggested that the Mayor send a letter to the Post Office that they drop the mail off at the Borough Hall in the morning and pick up the mail at the Annex and Borough Hall in the afternoon. He said the Post Office should give us that service. Mayor Failace said he agreed and would send a letter. Councilmember Gutowski said borough employees are handling money and taking their deposits to the bank. He also wanted to know if the employees doing this are bonded? Borough Attorney Coughlin said to his recollection, they are bonded. Mayor Failace asked if it all went through Patrick. He asked where the receipts go? The Assistant Clerk said the deposit receipts for the Clerk's ledger stay in the Clerk's Office. Mayor Failace said that is something they should sit down with Patrick and get this corrected. Councilmember Quinones said they should do the same thing with the deposits as they will do for the mail. Have one or two people making the deposits each day. Mayor Failace said he wants to go over the whole process with Patrick as to how and why it is done like this. Councilmember Crilley said in one municipality they don't accept any cash. Everything has to be paid by money order or check. Councilmember Gutowski said Joey Golino approached him regarding the title of Truck Driver. He should be certified. He said they should wait for the contract. 5 COUNCILMEMBER JAMES O'BRIEN asked for a resolution establishing a committee for the census. He would like to post for Ray Tobias' job. Senior Building Maintenance Worker. . HAY 13, 1999 Cmml1nity Parking Lot Central Mail Location Central Banking Truck Driver Census Cœmittee Sr. Building Maintenance Worker HAY 13, 1999 Seasonal Grass Cutters Envirormental Comnission Pipe Repairs and Installation of Park Equipnent Trees Graffiti Ordinance CoillICi1member Mancuso Noted Absent COUNCILMEMBER CRILLEY asked for a Salary Ordinance for temporary seasonal grass cutters and a resolution to appoint. Borough Attorney Coughlin asked if there was money in the budget. Councilmember Crilley said it was budgeted. Councilmember Mancuso asked the Borough Attorney if he read the enviromnental material he gave him? On the creation of the enviromnental commission. Borough Attorney Coughlin said he didn't. Mayor Failace said he received information on the enviromnental commission and he gave it to Mr. Mancuso because he would like him to head the commission. Councilmember Mancuso said he gave it to the Borough Attorney to check out the legal part. Councilmember Crilley said there is a problem in the park with busted pipes and he needs capital funds to do the repairs. He said he needed $6,000.00. $3,000.00 to repair the pipe and $3,000 to install the playground equipment. They are going to run the pipe further down Cypress towards Rite Aid and they need a licensed plumber to make the connection. An ordinance will be put on. Councilmember Crilley said they would have to go out for bid for the rest ofthe trees. He will find out the amount and they can put it on for discussion at the next Agenda Meeting. BOROUGH ATTORNEY COUGHLIN said he handed out a copy of the graffiti ordinance that Councilmember Quinones had requested. He would like the Mayor and Council to review it. At approximately 8:00 P.M., Councilmember James Mancuso was noted absent from the meeting. Mayor Failace asked what was different on the graffiti ordinance? Councilmember Quinones said the ordinance, as it stands now, does not address any type of punishment for the actual act of graffiti. She asked the Borough Attorney to take a look at it and draft an amended ordinance. Borough Attorney Coughlin said there are a couple of significant differences. This would also hold parents responsible for kids loitering in the parks. It would also require commercial establishments to remove the graffiti from their property within a stipulated time. Councilmember Quinones suggested that it include a special account by which a substantial portion, about 70%, would be used to assist homeowners in removing graffiti from their homes and fund the acquisition for the equipment necessary to do it. 6 Councilmember Fazekas said the maximum fine cannot exceed $500, but if the cost to remove the graffiti is more, can they try to recover that expense? Borough Attorney Coughlin said he would read it as including the Judge for ordering restitution in the amount of the damages. Councilmember Fazekas asked if the owner could recoup the cost? Councilmember Quinones said if the owner requested it at the time and the Judge ordered it. Councilmember Fazekas said that money would be given to the person and not go into the account. Councilmember Quinones said the fines would go into the account, but the restitution would go to the party. At approximately 8:03 P.M., Councilmember Mancuso was noted present at the meeting. Councilmember Fazekas asked about the ten business days. If the establishment does not comply within that time what happens? Borough Attorney Coughlin said they are in violation of the ordinance and they can be fined. The ten business days are from the date the Police Director sends the notices out. The fines range from a minimum of $100 to $500. Juveniles under 16. MAYOR FAILACE asked about the Towing Ordinance. Borough Attorney Coughlin said he will ask the Towing Association to give him some sample ordinances. Mayor Failace told the Assistant Clerk to forward the Handicapped Parking Application for Nonemacher to the Police and to give the Borough Engineer a copy. Councilmember Mancuso said the Nonemacher's live on a dead end street and they are the corner house. There are no other houses on that street. Mayor Failace asked if the Council looked at the Redevelopment since the last meeting? 7 Councilmember Fazekas said there are three areas designated as special for development, the lower part of Roosevelt, West Carteret and the Center where the library is. They can impose more restrictions on companies or businesses for street facades and get homeowners to participate in some kind of program. Mayor Failace asked the Borough Attorney if they wanted to expand it anymore. There are 27 lots in Chrome that homes could be built on. HAY 13, 1999 Graffiti Ordinance Continued CoillICill-nhP>: Mancuso Noted Present Towing Ordinance Handicapped Parking Redevelopnent HAY 13, 1999 Redevelopnent Borough Attorney Coughlin said the beauty of the redevelopment process is the flexibility it gives the Council. He thinks they should be as inclusive as possible. Mayor Failace said the next step is to see what we have and what we can include. We should include everything we can. Control the industry coming in and get done whatever we can. There could be 20 or 25 lots that he is sure they can get homes built on. Councilmember Fazekas said they should put a committee together to work on it. Mayor Failace said okay and appointed Councilmember Fazekas the head of the committee. Councilmembers Mancuso and O'Brien said they would be on the committee also. West Carteret Councilmember Mancuso asked about jurisdiction over the business driveways on Roosevelt Avenue in West Carteret. Does the County have jurisdiction? Borough Attorney Coughlin said it would be under the borough's property ordinance. Councilmember Mancuso said half the sidewalk is gone and the driveways are in such poor condition. There hasn't been any maintenance. He doesn't see why they can't enforce it. Councilmember Crilley said there is a 25ft. offset which is county property. Councilmember Mancuso said it still has to be maintained. Councilmember Crilley said up to the line in the parking lots, it's the county's. Mayor Failace said they have to find out what they can do. It's a mess. Councilmember Mancuso said it's a disgrace. Mayor Noted Absent At approximately 8:10 P.M., Mayor Failace was noted absent from the meeting. 5 Minute Recess At approximately 8:10 P.M., the Council called for a five-minute break. Back In Session At approximately 8:15 P.M., the meeting was back in session. 8 RESOLUTION #97-167 was introduced by the Council President and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #99-167 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the affirmative. At approximately 8:20 P.M., the meeting was adjourned into Closed Session. At approximately 8:35 P.M., Mayor Failace was noted present at the meeting. Upon MMS&C, by Councilmembers O'Brien and Fazekas and unanimous affirmative vote of the full Council present, the meeting was opened at approximately 8:40 P.M. Mayor Failace said he assumed that the Council's decision was that they didn't want to add a generator to this Sprint thing. We are not going to agree to do that. He asked the Council if they agreed and directed the Borough Attorney to send them a letter telling them the borough does not agree to it. He asked the Borough Attorney if they had any obligations? Borough Attorney Coughlin said they came to the Council to amend the lease. Councilmember Mancuso said they were going to put the Police and Fireman on the antenna. Borough Attorney Coughlin said they said they had the right to do it, they didn't say they were going to do it. Mayor Fai1ace asked if we approached them to do it? 9 Councilmember Mancuso said yes. Borough Attorney Coughlin said he would have to look at the lease. HAY 13, 1999 lilliOWITOO #99-167 Closed Session Adopted Meeting Adjourned Into Closed Session Mayor Failace Noted Present Meeting Opened Sprint HAY 13, 1999 ADJOURNED There being no further business or discussion, upon MMS&C, by Counci1members Quinones and Fazekas and unanimous affirmative vote of the full Council present, the meeting was adjourned at approximately 8:40 P.M. Respectfully submitted, 10