HomeMy Public PortalAbout1999/11/23
An Agenda Meeting of the Mayor and Council of the Borough of
Carteret preceding the Regular Meeting of December 2, 1999, was
held on November 23, 1999, 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
Gutowski
Mancuso
O'Brien
Quinones
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Also noted present was Business Administrator Nicholas Goldsack and
Borough Engineer Albert Beninato.
Noted absent was Borough Attorney Craig Coughlin and
Councilmember Jack Fazekas.
At approximately 7:05 P.M. Borough Attorney Craig Coughlin was
noted present.
At approximately 7:10 P.M. Councilmember Jack Fazekas was noted
present.
Statement of Meeting Notice was mailed to the Home News Tribune,
The Star Ledger and posted on the bulletin board on November 18,
1999.
To Address Governing Body: Albert Beninato, Killam and Associates:
Engineering -
MUNICIPAL PROJECTS:
Libraryl Senior Community Center
Killam and Associates has been assisting the Architect and Contractor
in an effort to expedite the completion of the Library Project. They
have been involved in the following areas:
1. Provided assistance to the Contractor and required corrective
measures to be employed for improperly constructed storm inlets
on Blanchard Street.
2. Provided coordination regarding the connection to the storm
sewer chamber.
3. Coordinated with PSE&G, Bell Atlantic, Elizabethown Gas,
Comcast Cable & Middlesex Water Company.
4. Coordinated the installation of the conduit for the fiber link
between the Borough Hall, Library and future Health Department.
5. Provided survey control for curbing, sidewalk and grade control
along Cooke Avenue fronting the Library.
NOVEMBER 23, 1999
AGENDA MEETING
ROLL CALL
NOTED PRESENT
STATEMENT OF
MEETING NOTICE
ALBERT BENINATO
ENGINEERING REPORT
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NOVEMBER 23, 1999
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COMMENTS
SEWER
FACILITIES
6. Provided survey control information to assist with the
implementation of the remaining site work.
7. Provided proposed curb survey and stakeout for Cardinal
Common's project and general coordination between both
projects. Locations were staked out several times since the
contractors for both projects were damaging or moving the stakes
during construction operations.
8. Requested proposals to address completion ofthe elevator pit.
9. We have been requested to perform a complete site inspection of
all site related work and prepare a Punch List for the Contractor.
Killam has provided these services in a cooperative effort to help the
progression of the Borough's Library Project. We request the Borough
approve compensation for the professional services rendered including
the remaining coordination and inspections required. We suggest a
budget of $26,000 be established for the services outlined above.
Councilmember Mancuso asked Business Administrator Nicholas
Go1dsack if he was aware of (inaudible).
Business Administrator Nick Goldsack said he was not aware of the
reimbursement he was just aware of the fact that it was being done.
Councilmember Mancuso said they were supposed to reimburse us for
the work that (inaudible) did.
Borough Engineer Albert Beninato said he will process a separate
(inaudible) for the survey. We did it once with the coordination with
the two projects and apparently as a result of (inaudible) construction
(inaudible) for the inspection of the project.
SEWER FACILITIES:
Dorothy Street and Roosevelt Avenue Pump Stations
Killam conducted an investigation with Al Beil, Sr. of the Sewer
Department on November 16, 1999 to investigate both the Dorothy
Street and Roosevelt Avenue pump stations since many electrical and
mechanical components are currently in disrepair.
We have determined that the Roosevelt Avenue Pump Station requires
some electrical, control and HV AC repairs as well as two new
comminutors. The Dorothy Street Pump Station is in poor condition. A
majority of the control, electrical system and ventilation system
requires upgrading and orl replacement. The pumps are currently being
operated by a temporary control system that was installed following
the control system failure last month.
Due to the deteriorated condition of the Dorothy Street Pump Station
Killam will expedite the report and request authorization to proceed
with an Upgrade Contract at the next Agenda Meeting. If the pumps or
motors fail an emergency by-pass system may be required.
Bergen Street and Hayward Avenue Pump Stations
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Two contracts are currently in progress which include upgrades to the
Bergen and Hayward Pump Stations. The contract includes electrical
and control improvements and Contract #99-6 includes two new raw
sewage pumps. During the servicing of the two sewage pumps it was
determined that additional components are badly deteriorated and
require replacement in order to maintain the warranty. The labor and
materials required an additional $8,865.78 as outlined on a letter dated
November 1, 1999 from Longo to P&H Construction. It is our
recommendation that the Borough authorize the contractor via change
order (Contract #98-14) to proceed with the necessary pump repairs,
which will keep the pumps under the warranty.
The Sewer Department reported a pump failure at Hayward Avenue
Pump Station. The existing pump was in failure and created an
emergency situation. P&H Construction was contacted to investigate
the problem and provide a temporary bypass pump. The problem was
not evident so the existing pump was removed and transported to
Longo for inspection. A temporary pump has been installed and have
been rented from P&H Construction while the other two pumps are
repaired. The maintenance and labor required to remove the existing
pump is included under Contract #99-6.
Councilmember Mancuso said when he spoke to Eric Betz on this we
didn't have to put that little pump that was on reserve (inaudible).
Borough Engineer Albert Beninato said it was less for the Borough to
rent a submersible pump from P&H. We should hold off on using that
pump and use it only when it is absolutely necessary.
The contractor indicated that the two existing plug valves are seized in
the open position and do not operate and check valves are being
impeded by debris or grease buildup and that does not let them fully
open. These valves require immediate attention. The Hayward and
Bergen Pump Stations are not equipped with any bypass piping in the
event of a failure or emergency which would allow for a convenient
connection to the station and reduce the costs associated with a
submersible bypass system.
Illegal Connection Identification & III Reduction Program (ICI&III
Program)
They have identified the appropriate locations for installing flow
meters in the Borough's sanitary sewer system in an effort to begin to
isolate specific service areas that may contribute to the
inflow/infiltration problem in the Borough. Killam and Associates has
completed the installation of fifteen meters in various sections of the
Borough. They anticipate the installation of four more to isolate the
remaining sections in the Bergen Street Pump Station service area.
After witnessing the conditions on some sanitary manholes they have
determined that four additional meters are required to isolate the sub-
areas for the first phase of metering. The office is moving forward
with Phase IB which includes further internal investigation of the
sewers within the identified suspect areas. They have been
coordinating with the LBD Contracting for the repair of the damaged
storm sewer and installation of the two new storm inlets on Hermann
Avenue between Linden and Whittier Streets. For this they request that
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NOVEMBER 23, 1999
ENGINEERING'S
REPORT - (CON'T)
COMMENTS
NOVEMBER 23, 1999
ENGINEERING
REPORT -
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COMMENTS
COMMENTS
the Borough allocate $30,000.00 of the monies appropriated under
Ordinance #99-25 for the additional metering and sewer investigation.
Councilmember Mancuso asked when did they expect to have
Hermann Avenue paved. He said he had several calls fÌ'om residents.
Borough Engineer Albert Beninato's reply was inaudible.
Town Center Area - Sewer Cleaning and Internal Investigation,
Contract #99-16
On November nnd the inspection of the sewers within the Town
Center began and is anticipated to be completed during the week of
November 29th Killam will review the TV inspection reports and view
the videotapes to identify if there is any repair or rehabilitation work
required. A report of the findings shall be presented to the Borough
during an Agenda Meeting.
ROADS PROJECTS:
Improvements to Industrial Road (Phase I) - Contract #98-12 and
Improvements to Louis Street and Fillmore Avenue - Contract #99-11
The contractor for the above referenced contract, Tarheel Enterprises,
has completed some of the corrective work along Louis Street to
eliminate pond water conditions. They are scheduled to complete the
work and the pavement improvements along Fillmore Avenue, Barlik
Street and State Street next week.
The Industrial Road project is underway and is anticipated to be
substantially complete by the first week in December. An unforeseen
condition is a failure of the traffic signal at the corner of Industrial
Road and Roosevelt Avenue. The signal repair must be performed
prior to the contractor removing and replacing the loop detector in the
intersection as part ofthe improvement work.
Mayor Failace asked what the deal was with the $50,000.00 fine. He
said he knows they have not heard anything else and he was just
cunous.
Borough Engineer Albert Beninato said they were moving slowly with
that. There was the administrative order with the $50,000.00 fine. The
Borough's position is entering into an administrative (inaudible). Back
in the summer there were meetings with regards to the (inaudible).
Many of the things that are outlined are already underway. At the time
we were negotiating a consent order (inaudible) which was not
finalized with the State. The DEP has indicated that the $50,000.00
fine maybe reduced to $25,000.00 but not (inaudible). About two
weeks ago we provided a time schedule for completion of any work
that may be necessary to eliminate all the legal connections identified
by the Borough. (Inaudible) what that might involve. It is very difficult
for the Borough to agree to a time schedule that has (inaudible).
Councilmember Mancuso said we are being fined for things that have
supposedly been done. What was the State obligation after we said it
was corrected? Aren't they obligated since they were the ones to have
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this corrected to come in and inspect (inaudible). He then asked if they
have any obligation whatsoever.. if they tell us to correct something
(inaudible). What was their response?
Borough Engineer Albert Beninato replied that the State is not taking
any responsibility.
Councilmember Mancuso said he knew they did not want to take any
responsibility but by law what is their responsibility.
Councilmember Quinones said they might have to ask the lawyer.
Councilmember Mancuso said he knew that he had been doing
research on it.
Borough Attorney Craig Coughlin replied that he thought the answer is
that the State.... one of the issues we raised in one of our initial
meetings. You guys signed off on this and you guys gave us a grant.
We did the work that was supposedly approved by you and now you
are coming back and saying it is not done. Their response to that is
they gave us the grant and we reviewed the plans to see if they are
satisfactory and we maintain oversight over all the systems in the
State. We have never been able to identify a document where they
have said or the State has said that they had inspected it and they were
approving the work that was done.
Councilmember Mancuso said he understood that part but again we are
talking about a ten year period. If they have an oversight of a proj ect ..
Borough Attorney Craig Coughlin said they did not have an oversight
of the project. They gave the grant money...
Councilmember Mancuso said they had to see that it was done with the
grant money.
Borough Attorney Craig Coughlin said no, that is the point. They did
not oversee the grant. What they do is like the road project we have a
grant for the roads. We get the grant and they get the grant and you
send them plans and they approve the plan...
Councilmember Mancuso asked if they check to see if the job is done.
Councilmember Quinones said the State relies on Peter Sica's
representation that it was done.
Borough Attorney Craig Coughlin said yes. In other words, the
Borough is saying it was done correctly. When there is a certification
from the Borough Engineer or the Consulting Engineer. . .
Councilmember Mancuso said criminals have limitations. Ten years
later they are going to fine me for something that wasn't done..
Mayor Failace said it is our fault because we told them.
Borough Engineer Albert Beninato said the Borough identified the
problem and (inaudible). At that time we anticipated five connections
but that became forty connections. So, it was very significant and as a
NOVEMBER 23, 1999
COMMENTS
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NOVEMBER 23, 1999
COMMENTS
RE: METRICOM
result of the significance of it he felt it was only proper to identify the
Borough as a violator of the laws and regulations. While this Mayor
and Council were very proactive with their approach to correcting the
problem.
Councilmember Mancuso said he thought it would be to our advantage
to fight it in court. To give them $50,000.00 for something that they
never checked into.
Mayor Failace said God willing they will look at it in a different light.
As they see the work we are doing and possibly reduce it quite a bit or
have it go away. Since we dropped at dime on ourselves..
Councilmember Mancuso said what they are telling you is don't tell
the truth which is exactly what was done in the past.
Mayor Failace asked the Borough Engineer if they won anything in
their raffle.
Borough Engineer Albert Beninato replied that he didn't know.
Mayor Failace said he puts his business card in everything. He said he
would even put it into a slot machine. (ha ha).
METRIC OM
Florence Lotrowski, Esq.- said she wanted to thank the Mayor and
Council for allowing her to appear here tonight. The purpose of her
visit is to ask permission to utilize some of Carteret's "Right of Way"
to hang these radios. The purpose of these radios is so that we can
bring in Mobil Wireless Internet access into the Borough. Carteret is in
the New York area and what they are trying to do is get seamless
coverage. The advantage to this is that anybody in the area including
Public Officials, Police Department, Fire Department, businesses and
citizens will be able to access the Internet without wires and while they
are in the car. People won't need a telephone line to access the
Internet. The way this works is that these radios are hung fÌ'om poles
and they have to comply with FCC regulations which means they are
only permitted to admit less than one lot of energy which is the same
as baby monitors. The other part to this is these modems that attach to
the back of your laptop computer. They also attach to the MDT which
are mobile terminals in police cars. They are also mobile up to seventy
miles an hour and the police will be able to download finger prints,
photographs and other data that they need. She said the advantage to
this over cell phones is that this is on 24-7 and there is one monthly
charge. Of course Carteret gets several subscriptions for free. Any
private citizens who want this service will be paying a monthly charge
of $30.00 per month and that is because the service is no faster than a
cell phone. What Metricom is bringing into the New York are is a
hundred and twenty eight (inaudible) and that is going to be
compatible with the software that the Police Department is going to be
using in order to be compatible with NCIC 2000. NCIC 2000 we
expect to be deployed next year. While it is more efficient for
Municipalities they will not be permitted to access it unless they can
(inaudible). That means that the Municipal Police Force is going to be
forced to upgrade their communications system. There is special
money available for this and it is usually by matching funds and it
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turns out that this system is compatible with the most commonly used
software used by the Police Department. If anyone has any questions
please feel free to interrupt. This also has advantages for businesses
and private citizens. People in stores some times have to wait three to
four minutes for their credit card to be authorized. This system does
not go through the telephone line it goes through the Internet. The
Municipality is going to be reimbursed for any administrative cost.
She then asked ifCarteret owned the poles.
Councilmember Crilley replied no.
Florence Lotrowski, Esq. said they have an agreement with PSE&G
and GPU giving us permission to use the poles. They will be paying
for the electricity at an un-metered rate and what they need from
Carteret is permission to access the rights of way to get to these poles.
Councilmember Crilley asked how they would pay for the electricity.
Florence Lotrowski, Esq. replied that it was un-metered because they
have an agreement with PSE&G.
Councilmember Crilley said they will be hooking up to the lights and
we pay for the electricity on the lights. How will they separate that
from the lights.
Florence Lotrowski, Esq. replied that Carteret doesn't pay because
they pay an un-metered rate so we come in under that. For the
privilege of doing that we pay PSE&G an extra fee so it does not cost
Carteret anything. We are not asking to come onto all your poles we
are asking to come onto six to eight per square mile depending upon
(inaudible). It is not very much. In those Municipalities where there is
a star district there is no problem with us keeping off the poles. Weare
not asking for an exclusive agreement, anybody else that wants to
come in is free to do so. Competition is the name of the game. We are
asking for an agreement for a duration of ten years with the option of
three five year renewals. There is also a "shorty bond" that was
supplied to the Borough ofCarteret in case the company goes bankrupt
and you have these radios hanging fTom your poles. There is also a
liability bond in the amount of one million dollars.
Borough Attorney Craig Coughlin asked what she would do with the
Borough's right of way. You want access to them for what purpose.
Florence Lotrowski, Esq. replied because the installers need about
fifteen to thirty minutes to hang the radios from the light poles.
Borough Attorney Craig Coughlin said they would need it for a short
period of time.
Florence Lotrowski, Esq. said it is also a high traffic area and if
Carteret feels it needs to post a Police Officer during that time we will
reimburse the Borough for that. The Attorney fees are also reimbursed.
Borough Attorney Craig Coughlin said the contract also permits the
installation on Borough facilities. He asked if she knew what facilities
they were talking about.
NOVEMBER 23, 1999
DISCUSSION
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NOVEMBER 23, 1999
DISCUSSION
CONTINUED
Florence Lotrowski, Esq. said no, not at this point and if the Borough
says we don't want it in place A or place B then we will work around
the Borough. We just need these things every quarter mile.
Councilmember Fazekas asked what they will provide the Borough
with.
Florence Lotrowski, Esq. said it is access to high speed wireless
mobile Internet and to provide (inaudible). There are no wires to worry
about and no telephones to worry about.
Councilmember Fazekas asked about the monthly charges.
Florence Lotrowski, Esq. said the Borough would get six for free.
Councilmember Fazekas said we only get six?
Borough Attorney Craig Coughlin said the contract said three.
Florence Lotrowski, Esq. said in the future that changes with other
towns and Carteret will get the benefit of that. If something changes
later, on Carteret does not get left behind. Unfortunately, in the State
of New Jersey last year they prohibited franchise fees which we are
doing in New York. We did put that into the contract that if the
legislature does change the statute again then no body has to come to
Metricom and say hey, change the contract.
Borough Attorney Craig Coughlin asked if there was any chance that it
would interfere with other systems or telecommunications.
Florence Lotrowski, Esq. said if you don't have that information she
will get it to the Borough Attorney. The whole thing with having to
comply with the FCC regulations is that you are not allowed to
interfere with anything else. Also if there is some chance (inaudible)
these radios speak to a site in Houston and would notify Harrison to
immediately come out and repair it.
Councilmember Quinones asked if they have had any problems in any
other towns.
Florence Lotrowski, Esq. said no. Right now we are still with the old
system. Seattle, San Francisco, Washington, D.C. and Wall Street are
wired up.
Councilmember Fazekas asked if they are operating at 28.8 right now.
Florence Lotrowski, Esq. said yes but next June they will be deploying
at 128.
Councilmember Fazekas asked if they would be using the same
devices. He also wanted to know if they were giving the Borough the
same number of free units.
Florence Lotrowski, Esq. replied yes to both questions.
Councilmember Fazekas asked if the Borough wanted to buy them
would they be priced at the same amount.
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Florence Lotrowski, Esq. said she wanted to make one thing clear, the
Borough would have to purchase the modems because this company
does not manufacture the modems. They cost between $150.00 to
$300.00. Once you pay for them that would be it.
Councilmember Crilley asked if that included the six free ones.
Florence Lotrowski, Esq. replied that they would get six fÌ'ee
subscriptions. That would be $600.00 a year per subscription. For the
six that you are getting that would be $3,000.00 a year.
Councilmember Fazekas said he would like to look into this some
more and report back to the Council.
Florence Lotrowski, Esq. said she just wanted to emphasize one thing.
This is totally non competitive and if other companies are coming in
than .. . She said she thinks competion is great and she would
recommend that Carteret look over (inaudible) carefully. Right now
nobody has this technology at this speed. It should be about two years
before anyone else comes in. She said somebody is going to come in
at a faster speed and then Metricom is going to upgrade its system. It is
the same thing you see with computers right now.
Councilmember Crilley said they would be stuck with a ten year
agreement at that point.
Councilmember Fazekas said he did not think they wanted to be
(inaudible) to a ten year agreement.
Florence Lotrowski, Esq. replied that it is not costing Carteret
anything. In other words Carteret would be getting money every year.
Councilmember Crilley said he does not believe that is a non fee for
electricity. They send a rate to us based on usage.
Florence Lotrowski, Esq. replied that she could get documentation on
this.
Councilmember Crilley said the Electric Company sets a rate for the
Borough based on the usage. Whether it is a direct metered fee or not
but it is based on usage. If they come out and see eighteen to twenty
five ofthese units out on the poles they are going to raise the rates.
Florence Lotrowski, Esq. replied that Councilmember Crilley was
correct but Metricom is paying for it. She said that is a non issue and
she could document that. She asked if she should send that information
to Business Administrator Mr. Goldsack or directly to Councilmember
Crilley.
Councilmember Crilley replied that she should send that information
to the Business Administrator.
Florence Lotrowski, Esq. then asked if the Council had any concerns
that the Council would like addressed.
NOVEMBER 23, 1999
DISCUSSION
RE: METRICOM
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NOVEMBER 23, 1999
DISCUSSION
CONTINUED
JOSEPH BAUMANN
RE: McMANIMUM
AND SCOTLAND
Councilmember Fazekas said that he had her card and the Council
would like to look at this and any other communications.
Florence Lotrowski, Esq. replied that they would find that other
wireless communications are cellular based and they are a lot slower
than this. The other thing is that with cellular based communications
when you speak you own that fTequency as long as you speak and you
are the only one on that frequency. This is a very different technology
and you are sharing these spread spectrums with a lot of other people.
If our conversation was being broadcast on spread spectrums it would
be sent out in little packets and that is why you are able to share this
technology and that is why it is just one monthly rate because
(inaudible). The military used this because it was (inaudible)
technology and basically what it is that her words are a little circle in a
much larger circle protected by a (inaudible) and she thought this was
important for the Police Department because if anyone tried to decode
this conservation they would have to be able to capture the packet and
put them in order. She said the Mayor and Council have something in
their folders on security.
~
Joe Baumann - McManimon and Scotland - said this is a follow up on
the (inaudible) about the possibility of privatizing the Borough Sewer
System and going through the Public Private Contracting Act and the
benefits and detriments (inaudible) of that process. He said he gathered
that subsequent to the presentation there has been a decision
(inaudible) some of the Council. This is an idea that works for
(inaudible). He said what they put together for them for tonight and for
your upcoming meeting is #1, an Ordinance that appropriates an initial
$75,000.00 out of your reserve for the sewers. The Ordinance would
have to be introduced and adopted just like any other Ordinance. Also
in the package for your consideration is a Resolution that sets the
budget for the four primary professionals that would engage in the first
stage of this process and that would be your Borough Attorney,
Special Council, McManimon & Scotland, the Borough Auditor and
the Borough Engineer. He said their job would be to put together a
package of information that they could use to distribute to possible
vendors. That would also then take that packet and send it out to the
various vendors that might be interested. You could then make your
decision if you want to go to the next step, which would (inaudible).
He said they feel pretty confident that this budget will get through the
first stage (inaudible). They also, in the Resolution, direct the working
group to seek reimbursement from the successful vendor for any
expenses that he may incur. If you go through the privatization you
will get the $75,000.00 from the vendors. It is anticipated, and he
found that one time they went through the process, they had a very
good plan to make their own operation more efficient. The City of
Bayonne pursued (inaudible) private contractor and they received
proposals. They concluded that they could do it themselves if some of
the recommendations they got (inaudible). They went through a fair
sum of money to go through the process and they did not actually
complete the privatization. They achieved efficiency "in house". Ifthe
Borough goes through the process and they decide they don't want to
privatize they would have spent some funds but those funds were well
spent in learning to be (inaudible). The process will take six months to
put together a package, get the information out and then get the
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packages back. He asked if they wanted him to go through the process
again or ifthere were any questions he could answer.
Mayor Failace said he didn't think it was necessary for Mr. Baumann
to go through the whole process again. He asked if it has been Mr.
Baumann's experience that he gets a number once the process is done
and ready to go and you get a number of vendors that are bidding on..
Mr. Baumann replied that it was four to six vendors. The most recent
one is WAWA.
Borough Attorney Craig Coughlin said they awarded one to
(inaudible).
Mayor Failace said there was one thing he would like to say is when
this happened last time the next day many people were laid off. Ifwas
all over town that we were doing this and so forth and he tried to
explain. The Mayor said he went to the Sewer Department and he
explained to them what he had said and the Mayor thinks it is
worthwhile to repeat what happens.
Mr. Baumann said the employee is the most critical element and the
proper treatment of the employee is something that we spend a lot of
time with. There are a number of ways in which the employees are
treated fairly and some of the examples are The City of Perth Amboy
(inaudible). In most of these cases the employees don't take the job
with private water companies. It depends on where you are in the
system but if you are a younger person you might feel if you go to a
private water company there is more room for advancement. Whereas,
there are people more advanced into their career that want to continue
to stay. In the various towns that we have undertaken we require that
those employees are treated fairly and we try to give them the
opportunity to stay with the Borough or ask the private water company
to pick them up.
Mayor Failace said that was a valid concern because we know what
happens when rumors get around.
Mr. Baumann said he would recommend that they speak to the
employees in Perth Amboy, for example. Generally they find out that
it is not as bad ..
Mayor Failace said the other question that came up was that we pay a
sewer fee now and a lot of people want to know what happens over
twenty years. That is going to be a concern.
Mr. Baumann said typically what they do with these transactions is
lock in the rate increases over a twenty year period and they would be
by contract so on the day of the contract they would know what the
rate increase would be. If they found the increase unacceptable they
would not sign the contract. Generally what you would do is lock in
the rates and that sort of benefit of the process is rate stability. You
would know for twenty years what your rate structure would be
because you would have contracted for it. If the rate is not enough the
vendor is the person that is on the hook for not collecting enough
(inaudible). The vendor has a right to charge X rate and if he does not
NOVEMBER 23, 1999
DISCUSSION
CONTINUED
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NOVEMBER 23, 1999
DISCUSSION
RE: SEWER
SYSTEM
and it turns out not to be enough money it would be on his nickel not
the Borough's. One of the benefits of this process is rate stability.
Mayor Failace said the other thing is once we do the contract for
twenty or thirty years at the end of that period the sewers are the
Borough's again. Is that correct?
Mr. Baumann replied they would never loose title to the sewer system
and we try not to get back a sewer that has been beaten down or not
kept up. One of the risks is that you return something after thirty years
and what you will get back in the end you want to get it back better
than when you sent there in the first place. He said one of the things
that they are going to work hopefully is to receive a concession key
payment from the vendor. Under the statute the successful bidder is
allowed to pay a (inaudible) payment. We are required to pay a
(inaudible) payment to offset taxes. That is a number that we
negotiate, we set a minimum (inaudible). Once you pick a successful
vendor you say yes this is the proposal I like and then you sit down
and negotiate. You then have the ability to take parts of the proposal
that you don't like and change them to your liking. You are allowed to
work your way through the vendors to get the best deal.
Councilmember Mancuso said he spoke to the Business Administrator
and if the Mayor and Council wants to they could look at the one in
Hoboken that has been there for the last 12 to 14 years. You could see
just what is going on and what they did down there.
Mayor Failace said it might be worthwhile to take a look.
(Inaudible) said Hoboken was the first to do this.
Mayor Failace said he thought it would be a benefit to Carteret
depending on the deal we would work out. Any fees that we can get to
put towards taxes or our sewers being repaired because we certainly
have problems with them. He then asked if anyone had questions for
Mr. Baumann.
Councilmember Crilley said they are working now to reduce the flow
fees and he thinks that should run its course and go into the next phase.
We gain a benefit from that and we already spent a substantial amount
of money towards this project.
Mayor Failace said he didn't think that meant that now until nine
months or a year that we are not going to do anything else with our
sewers. He said to be honest he is very pessimistic that something is
going to come in through this and save us a lot of money. Based on the
needs that we all know the sewers need ..
Councilmember Crilley said his point is that we have invested funds to
reduce the flow fees, which would give us something to sell later on.
Maybe this process will not be complete by the time these bids come
m.
Mr. Baumann said one of the ways to handle that is to speak with the
Engineer (inaudible). We would take them out and we'll be
responsible for the Sewer Department to the extent that the number
comes in lower.
12
Mayor Failace said he thinks the number that Councilmember Crilley
is talking about is the dollar amount we pay to MCUA. That number
has doubled every year for the last few years. What he is saying is that
it is not to say that we are still not continuing and we are going to do
the exact same thing and continue the same as we have been. We don't
have any other course to take except to continue working on the
sewers.
Councilmember Mancuso said we are running this course now and we
except this plan, would it then continue from where we left off? We
could have written in the contract that when this process is completely
finished and that is when they would base the rates..
Mr. Baumann said typically we would continue to have them
completed (inaudible). If there is a particular cost we believe we'll
make them go lower (inaudible). In Perth Amboy for example the
MCUA said that if we are going to put in a scale we expect it to
(inaudible). If the MCUA fees turn out to be lower or higher then
(inaudible) we'll pay it back. We believe that there are future benefits
we should put into the contract that if ten years from now (inaudible)
less than we thought they were going to be we want the vendor to kick
some money back to us.
Councilmember Mancuso said another aspect is that we are
investigating all these things and as we go along we are finding more
and more. He said within a year or two we are finding over the next
year and a half is not going to be corrected (inaudible).
Mayor Failace said he understands what Councilmember Crilley is
saying and it is a home run and it looks too good to be true and why
isn't everybody doing it. The Mayor said he thinks it is something that
we have to look into because we do have a gigantic expense down the
road and we are going to have to get the money somewhere. To me
this is a small price to pay for what could be a home run for the
Borough. Both in the money up front, and what can happen to the
sewers.
Councilmember Crilley asked if this would come out of this year's
budget or next years.
Mayor Failace replied that it comes out now, it is out of the sewer
reserve.
Business Administrator Nick Goldsack said they already have the
money set aside.
Mayor Failace asked if they had any other questions for Joe Baumann.
Minutes for approval- November 16,1999.
NOVEMBER 23, 1999
DISCUSSION
MINUTES FOR
APPROVAL -
NOVEMBER 16, 1999
13
NOVEMBER 23, 1999
ORDINANCES
COMMENTS
RESOLUTIONS
APPLICATIONS
COMMUNICATIONS
ORDINANCES:
1. #99-33 Amending Salary Ordinance # 71-9 re: Supervisors.
2. #99-34 Renaming Industrial Road in Honor of Peter J. Sica.
Mayor Failace said on the renaming of the Industrial Road he wants to
have something for next week but he wants to check with Barbara Sica
first. He would like to be able to give them something. A Proclamation
or whatever it is changing the name ofthe Industrial Road.
Councilmember Crilley said he would tell Gloria Goodrich. She will
get it done.
Municipal Clerk Kathleen Barney asked if the Mayor was referring to
a plaque.
Mayor Failace said he wants to have something that he can give to the
family and a Proclamation renaming the Industrial Road. Then
whatever we want to do after that point is fine but he would like that
for the meeting.
RESOLUTIONS:
1. Directing the Issuance of Various Bingo Licenses.
2. Directing the Issuance of Various Raffle Licenses.
3. Refund of Tax and/or Sewer Fee Overpayments.
4. Providing for the Transfer of Surplus Funds.
5. Amending Resolution #99-325, Authorizing Payments to Various
Contractors Performing Rehabilitation of Homes Pursuant to
COAH.
APPLICATIONS:
1. Volunteer Fire Company #1 - Approval of new membership,
Joseph Moulton.
2. Columbus School PTO - Amend RL #1552 by changing date.
COMMUNICATIONS:
I. MC Board of Freeholders -
a) Resolution urging coordination and cooperation in land
development projects among five counties in Central Jersey.
b) Resolution authorizing County to establish a cooperative
pricing system to add the purchase of electric generation
service, gas supply service, electric related service and gas
related services; Authorize execution of cooperative pricing
agreements with all interested local units.
2. Gerald Griffin - Requesting adoption of Resolution to urge NJ
Legislature to revise statute(s) regulating the timing of various
school elections.
3. NUl Elizabethtown Gas Company - Notice of Public Hearings,
14
December 8&9, 1999, Rahway & Flemington NJ - Re: Rate
Increase.
4. Borough of Spotswood-
a) Resolution opposing Senate Bill No. 1726, Re: Increase in
Official Advertising Rates.
b) Resolution supporting Assembly Bill No. 2728, Re:
Indemnification of Volunteers Operating Municipally Owned
or Leased Vehicles.
5. City of Perth Amboy - Resolution opposing Increasing Newspaper
Advertising Costs.
Councilmember Crilley asked if any if these going on as Resolutions.
Mayor Failace said that the Municipal Clerk is not reading them and
he advises her to do so.
Councilmember Crilley said he understood that but are any of them
being proposed as Resolutions?
Municipal Clerk Kathleen Barney said there was one if you want to
look at the second one. There is a gentleman that sent in a (inaudible)
asking for Resolution to revise the timing of the school election. The
other ones we already did.
REPORTS:
1. Board of Health - October 1999.
2. Clerk's Office - November 1999.
3. Treasurer - November 1999.
MATTERS FOR DISCUSSION:
1. NJ Department of Personnel- Certification of Eligibles for
Appointment, Police Officer. Date of Disposition 5-16-00.
2. Bid - Stump Cutter. One (1) bid received.
Municipal Clerk Kathleen Barney asked if they wanted to reject
the Resolution and Councilmember Crilley replied yes.
3. Salary Ordinance - School Guards - First Reading.
Mayor Failace said he would like to go over that in Closed
Session. He said he would just like to inform the whole Council so
they know exactly what is going on.
4. AFSCME Local #2291 - Requesting appointment of employee to
the
position of Street Sweeper.
Mayor Fai1ace said that is not an appointment they are saying to
just give a title.
15
"""¡'MR¡'l)?~ 1QQQ
COMMUNICATIONS
CONTINUED
COMMENTS
REPORTS
MATTERS FOR
DISCUSSION
NOVEMBER 23, 1999
MATTERS FOR
DISCUSSION -
CONTINUED
BUSINESS TO BE
ADDED
5. Barry Albin, Esq. - Requesting final additional appropriation,
$486.26, Re: Mariano vs. Connolly.
Mayor Failace asked the Borough Attorney if he reviewed the bill.
Borough Attorney Craig Coughlin replied no.
Mayor Failace asked the Borough Attorney to please do so.
6. Purchasing Agent - Borough Hall Heating System, Re: Emergency
Replacement.
Mayor Failace said the furnace blew up and unfortunately the
building stayed up.
Councilmember O'Brien said right now there is a crack in the back
of it and Jason Abello is getting close to replacing everything. We
are getting two sets of (inaudible). One for an Oil Burner and one
for dual system.
Councilmember Quinones asked what they were using now.
Councilmember O'Brien said we are lucky right now that it is nice
out but it has to be done A.S.A.P. So we do have to do a
Resolution. He then asked if we should do the Resolution that
night because we have to get the work done.
Mayor Failace said they have an emergency here.
Borough Attorney Craig Coughlin asked what Resolution would
we pass if we don't have any quotes.
7. EKA Associates - Request for new Zoning Map approval.
Municipal Clerk Kathleen Barney said they had to do that by
Ordinance because it is land use.
Mayor Failace asked if that has to go through us and then the Planning
Board.
Municipal Clerk Kathleen Barney replied that the Planning Board
recommended it. They revised the one he gave me.
BUSINESS TO BE ADDED:
Councilmember Fazekas said he just wanted the Council to know in
the next few weeks they are going through with the upgrade of the
Police System with new software! hardware.
Mayor Failace said in reference to that and what he was asking
Councilmember Fazekas when Ms. Lotrowski was speaking, would
our system be compatible with this. The Mayor asked if they had to
do something further.
16
Councilmember Fazekas said they were talking about the NCIC 2000
but that is not going to be ready until the middle of next year.
Mayor Failace said that was in their plan in what they are doing now,
the upgrading of the computer.
Councilmember Fazekas said we could lower the cost but they are
only giving us six units and he thought they needed twelve so we
would like to talk to her about that. The Volunteer Ladies Auxiliary
are having a Toy Drive on December 3rd. There are two numbers if
you want a contact, Beverly is 541-1307 and Linda is 541-2152. He
said he would mention this again at the Council Meeting on December
2nd
Mayor Failace said it would only give them one day.
Councilmember Fazekas asked the newspaper reporter Arch to speak
to Beverly Hedesh for the December 3rd Toy Drive. He then asked him
ifhe could put something in the paper.
Councilmember Mancuso said he knew Ted Surick took over the stop
signs and things like that. We received a call today to get the stop light
fixed.
Mayor Failace said that is his too.
Councilmember Mancuso said Ted Surick has no keys for these lights,
he has nothing at all.
Mayor Failace said he spoke to Ted Surick today about it.
Councilmember Mancuso said it would have been nice if somebody
would have let us know.
Mayor Failace said he might be wrong but he thought that was done
along time ago.
Councilmember Mancuso said he spoke to the Business Administrator
and Councilmember Gutowski and he knows that (inaudible) is
coming back to the Zoning Board to let Sprint on their antenna. They
were supposed to do ten thousand dollars worth of work over there so
the Fire Department and the Police Departments antenna can be put up
there.
Mayor Failace said that Councilmember Mancuso was correct, they
did say they were going to do that.
Councilmember Gutowski said they already spoke about the
(inaudible) thing with the equipment.
Borough Attorney Craig Coughlin said we should also make sure that
the Zoning Board is aware ofthe (inaudible) so that (inaudible).
Councilmember Mancuso said that was in the agreement.
Mayor Failace said they should speak to Jim Clarkin.
NOVEMBER 23, 1999
DISCUSSION
RE: SPRINT
17
NOVEMBER 23, 1999
DISCUSSION
CONTINUED
RE: FIRST AID
SQUAD
Councilmember Mancuso said that gentleman keeps on calling us
about Conrail and he wants to know why since Woodbridge sued
Conrail and went to Federal Court with them and won the case. Why
can't we sue Conrail and go to Court with them?
Mayor Failace replied that we can and we should go to Court.
Councilmember Mancuso said Brian O'Connor has been doing a daily
report on the trains being there and now he is sending them to the
Federal Transportation Board and he would like to see a letter from
them asking them what they are going to do about it.
Councilmember Gutowski said he has a problem that they discussed
before and that is Ambulance Service. Just this past Sunday and
Monday we had some major problems that he would like to bring to
the Council's attention. Sunday at 9:15 A.M. there was a call that went
out to the Police Department to the First Aid for a traffic accident on
the Turnpike. They got to the building seventeen minutes after the call
came through, at 9:53 AM. they were on the scene. At the same time
they were getting dispatched to the Turnpike a second call goes out for
a second rig and at 9:35 AM. that was cancelled. At 9:48 A.M. the
second rig is dispatched out to a 911 call at Holy Family School. At
9:50 A.M. the first Police Car arrives on the scene and at 9:52 AM.
they call a working code. He said he guessed they all knew that the
Priest at Holy Family suffered a heart attack and passed away. At 9:53
AM. a third alarm goes in to the First Aid Squad, a Code 9 which
means there has been no response. At 9:59 we are eleven minutes after
the first alarm goes in for the second alarm. The Port Reading Fire
Department said no one responded to Holy Family. At 9:59 AM. a
call comes from headquarters that EMT's are needed at the building.
At 10:02 AM. our First Aid Squad #2 is on the scene with no EMT
just a driver in the back of the rig. Meanwhile we have two police
officers and three members of Holy Family were performing CPR. At
10: 18 A.M. they finally transport this person who subsequently dies at
Rahway Hospital. That is totally unacceptable especially for a group
that has told us that they have the capability of manning the First
Aid Squad at night and on weekends. You have from 9:32 AM. until
10:02 AM. there was a thirty minute gap where there wasn't an
ambulance available anywhere. God only knows if this man could
have survived. They did get his heart started again there was no
defibrillator in either police car. This was just totally unacceptable;
something has to be done. The next day, Monday, was the same thing.
Someone called a 911 and at nine minutes there was no response at all
from the First Aid so they call and say they are not waiting they go to
the Hospital themselves. On the same day at 4:34 P.M. there was a
Signal One down at White Rose and there was another fifteen to
twenty minutes before the First Aid arrives.
Mayor Failace asked if anyone spoke to the First Aid Squad to find out
what happened.
Councilmember Gutowski replied that no one spoke to them yet
because he just got this today. The reason he is bringing this up is
because he does not know who wants to handle it or how we are going
to handle it. Somebody has to talk to the First Aid Squad before it is a
relative of yours or mine or someone sitting here in the audience.
18
NOVEMBER 23, 1999
Waiting 15 to 20 minutes for an ambulance to arrive is not acceptable.
He said he did not know if you hire the second fireman or we mandate
that the First Aid Squad gives us an ambulance during the day parked
by the Police Station and or Fire Department so we have people to get
to these calls. Something has to be done.
DISCUSSION
CONTINUED
Councilmember Fazekas asked if they wanted him to look into that.
Mayor Failace said they would have to.
Counci1member Gutowski said the First Aid Squad told him that they
could do nights and weekends.
Business Administrator Nicholas Goldsack asked Councilmember
Gutowski ifhe could have a copy.
Councilmember Gutowski told him he could have his copy.
Councilmember Fazekas asked if the Fire Department was getting that
extra person to ensure that we get the person there in three to six
minutes provides the first response.
Brian O'Connor said he would talk to the Business Administrator
about this.
Mayor Fai1ace said he thought he should too.
Councilmember Fazekas said the Business Administrator is going to
speak to the First Aid Squad too.
Councilmember Crilley said the tree lighting in the Park is on the
fourth at 6:00 P.M. and the annual House Lighting Contest is going to
be December 13th and 14th. Registration forms can be picked up at
Borough Hall in the Clerk's Office.
Mayor Failace said he had one thing that he wanted to speak about. A
Fire Truck was sent to the Manasquan game. The Board of Education
requested that they be there. He said he did not have a problem with
them using one of our Fire Trucks. The Mayor said Brian O'Connor
took care of it and he had no problem with it. He said his gripe is that
the Board of Education did not come to him or the Council to ask us.
The Mayor said he wanted them to know that he is writing a letter and
he is going to be a little nasty about it. We did not break open Minue
School to use it on Monday night. He said there was a protocol that
they should have followed and they did not. If there is a cost they may
be charged for it.
RESOLUTION #99-367 was introduced by the Mayor and referred to
the Council for action.
RESOLUTION #99-367
CLOSED SESSION
Upon MMS&C, by Councilmembers Quinones and O'Brien
RESOLUTION #99-367
"RESOLUTION TO GO INTO CLOSED SESSION"
19
NOVEMBER 23, 1999
ADOPTED
OPEND TO THE
PUBLIC
ADJOURNED
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. a Closed Session was held.
At approximately 9:20 P.M, upon MMS&C, by Councilmembers
Quinones and O'Brien and unanimous affirmative vote of the full
membership present, the meeting was opened to the public.
At approximately 9:21 P.M., upon MMS&C, by Councilmembers
Crilley and O'Brien and unanimous affirmative vote of the full
membership present, this meeting was adjourned.
Respectfully Submitted,
L/ . .!z./<.-¿'-<.
KATHLEEN M. BARNEY, RM
Municipal Clerk
KMB!apm
20