HomeMy Public PortalAbout1999/10/21
The Regular Meeting of the Mayor and Council of the Borough of
Carteret was called to order by Mayor James A. Failace at
approximately 7:30 P.M.on Tuesday, October 21, 1999, Municipal
CourtfPolice 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
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Noted absent was Borough Attorney Craig J. Coughlin.
The meeting was opened with a moment of silent prayer and the
pledge of allegiance led by Mayor James A. Failace
The Clerk stated that on October 14, 1999, in full compliance with the
Open Public Meetings Act, a notice of tonight's meeting was sent to
The Home News Tribune, The Star Ledger and posted on the bulletin
board.
Upon MMS&C, by Councilmembers Gutowski and O'Brien and
unanimous affirmative vote of the full Council present, the minutes of
October 12, 1999 were approved as transcribed and engrossed by the
Clerk.
Upon MMS&C, by Councilmembers Crilley and O'Brien and
unanimous affirmative vote of the fuJl Council present, the Agenda
was amended to include Resolution #99-341. Appointing Anthony
Beluch to the position of provisional Park Maintenance Worker.
A copy of each Resolution was placed upon the table for public review
prior to the meeting in accordance with the Rules of Council and upon
MMS&C, by Councilmembers Gutowski and Fazekas and unanimous
affirmative vote of the fuJl Council present, the meeting was opened
for public input on all Resolutions
William Kolibas, Jr. asked if someone could tell him the year to date
total amount that Killam has now incurred.
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Mayor Failace said he didn't know the exact figure off the top of his
head, but it's about $200,000. He told Mr. Kolibas he could go to
Borough Hall and get the exact figures.
OCTOBER 21, 1999
COUNCIL MEETING
ROLL CALL
PRAYER, PLE[X;E
OF ALLEGIANCE
STATEMENT OF
MEETING NOTICE
APPROVAL OF
MINUTES
Agenda Amended
To Include
Resolution #99-341
MEETING OPENED
Public Input
On Resolutions
OCTOBER 21, 1999
Borough Attorney
Noted Present
MEETING
CLOSED
RESOLUTION #99-335
Refund of Tax
And/Or Sewer Fees
Overpayment
Adopted
RESOLUTION #99-336
Authorizing Bids -
Tree Stumper
Adopted
RESOLUTION #99-337
Approving Agreement
Lucent Technologies
Solutions
Adopted
Borough Attorney Craig J. Coughlin was noted present at
approximately 7:32 P.M.
There being no further comments or objections to the resolutions, upon
MMS&C, by Councilmembers Gutowski and O'Brien and unanimous
affirmati ve vote of the fun Council present, the Mayor declared the
meeting closed.
RESOLUTION #99-335 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Council members Gutowski and Fazekas
RESOLUTION #99-335
"AUTHORIZING REFUND OF TAX AND/OR SEWER
FEE OVERPAYMENT"
was adopted. Upon individual roll can vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
RESOLUTION #99-336 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Council members Gutowski and Fazekas.
RESOLUTION #99-336
"AUTHORIZING PURCHASING AGENT TO ADVERTISE
BIDS FOR A TREE STUMPER"
was adopted. Upon individual roll call vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
RESOLUTION #99-337 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Council members Gutowski and Fazekas
RESOLUTION #99-337
"RESOLUTION APPROVING AGREEMENT WITH
LUCENT TECHNOLOGIES SOLUTIONS"
was adopted. Upon individual roll call vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
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RESOLUTION #99-338 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Gutowski and Fazekas
RESOLUTION #99-338
"CREATING HANDICAPPED PARKING SPACE
AT 17 PULASKI AVENUE"
was adopted. Upon individual roll can vote, Councilmembers Criney,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
RESOLUTION #99-339 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Gutowski and O'Brien
RESOLUTION #99-339
"PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES"
was adopted. Upon individual ron can vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
RESOLUTION #99-340 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Crilley and Gutowski
RESOLUTION #99-340
"APPOINTING RICHARD HRYCUNA TO THE
POSITION OF LABORER"
was adopted. Upon individual roll call vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso and O'Brien voted in the affirmative.
Councilmember Quinones abstained.
RESOLUTION #99-341 was introduced by the Mayor and was
referred to the Council for action.
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Upon MMS&C, by Councilmembers Gutowski and Fazekas
RESOLUTION #99-341
"APPOINTING ANTHONY BELUCH TO THE POSITION
OF PROVISIONAL PARK MAINTENANCE WORKER"
was adopted. Upon individual roll call vote, Councilmembers Crilley,
Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the
affirmative.
OCTOBER 21, 1999
RESOLUTION #99-338
Handicapped Parking
Space - 17 Pulaski
Adopted
RESOLUTION #99-339
Professional Services
Killam Associates -
Dorothy St. Pump
Station & Roosevelt
Avenue Corrrninuter
Adopted
RESOLUTION #99-340
Appointing Laborer -
Richard Hrycuna
Adopted
RESOLUTION #99-341
Appointing
Provisional Park
Maintenance Worker -
Anthony Beluch
Adopted
OCTOBER 21, 1999
PAYMENT OF
BILLS
Upon MMS&C, by Councilmembers Gutowski and O'BrienFazekas
all bills appearing on the prepared list, properly audited and signed
were ordered to be paid. Upon individual roll call vote,
Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and
Quinones voted in the affirmative.
REPORTS:
Department
The Clerk stated that she was in receipt of the fonowing reports:
1. Inspection of Buildings - September 1999
2. Sewer Collection - September 1999
3. Treasurer's Report - September 1999
Upon MMS&C, by Councilmembers Gutowski and Fazekas and
unanimous affirmative vote of the fun Council present, all reports
were ordered to be received and placed on file.
Standing
Committee
BUILDINGS & GROUNDS: Committee Chairperson O'Brien said
basic building maintenance is being kept up at the various buildings.
At the Recreation building there was a problem. Someone punched a
hole in the wall. He told the different groups that use the building to
take care of it. It's their place, for their use. He reported progress.
FINANCE & ADMINISTRATION: Committee Chairperson Quinones
reported progress.
FIRE: Committee Chairperson Fazekas said the Fire Department,
Police Department and OEM, along with some industries in Carteret
will be working on the Y2K Contingency Plans.
The winners of the poster contest are now being displayed at Borough
Hall and at Fire Headquarters for the next couple of months. They will
be announcing the winners of the Great Escape Contest and the
winners will receive a ride on the fire truck. Moving right along.
PARKS & RECREATION: Committee Chairperson Crilley said on
October 31st at 1:00 P.M. will be the Halloween Parade. Line up will
be on Carteret Avenue. In the next couple of months they will be
adding new park equipment to Civic Center Park and Chrome Park.
The Community Development funds that were requested are there, so
they will be ordering the new equipment. He reported progress.
POLICE: Committee Chairperson Gutowski congratulated Director
Elg and his wife on the birth of their son.
The Pension Board has come down with two rulings. One is they have
turned down the borough's stay, not the appeal, of the appointment of
the two officers. They are continuing to take this to court because this
is an interpretation of a state statute according to pension and we still
feel that we are right and we are still going to pursue it.
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Committee Chairman Gutowski said it will not cost a great deal of
money, as some people would lead you to believe. It would certainly
cost the borough a lot less than bringing these officers back. They are
not against bringing the officers back if they are ordered to do so. The
borough was ordered to take them back as of October 28, 1999 or
incur a fine of $100.00 a day to the maximum of $10,000. The
officers will return to work and will meet with the Director on
Monday, not necessarily to work. They will have to go through
training and the academy. They have to qualify to shoot a gun. There
are a lot of things they have to do before we put them out on the street.
We have to protect them, the citizens and the borough. They will go
back to school and go for six months, just like a new officer.
The other ruling the Pension Board brought down was the chance it
will change in the way the Policemen's pensions will be calculated.
They will no longer be using longevity payments or other accrued time
to put into their base salary. There is a chance that some of our senior
officers could lose a substantial amount of pension money. They have
been coming into the Business Administrator's office to see what the
ramifications are. If this new rule affects them and if it will cost them
any money. Potentially, we might have some officers leaving by the
end of the year. He reported progress.
PUBLIC WORKS: Committee Chairman Mancuso said a program
has been set up with PSE&G and the other companies. They are now
posting bonds when they do any road digging. It was on the books,
but was never enforced. No one will be digging up any streets unless
we know about it and it's okay. He reported progress.
BOARD OF EDUCATION: Committee Chairperson Crilley reported
progress.
Mayor Failace said he would like to clarify something that he heard on
the street. Everybody knows that at the last Agenda Meeting we
brought in McManimon and Scotland to discuss the possibilities of
what would happen if we sold our sewers, like other towns have done.
Some of the things that would happen is we would get influx of cash
as capital. The sewers will be fixed. There is a whole bunch of stuff
that would have to be done. We would have to negotiate rates and so
forth. We brought them in because we thought this might be
something for Carteret. Already, municipal workers have asked him if
they are laying off the sewer department. Anyone that was at that
meeting knows one of the things they said is that, if we follow through
with it, one of two things could happen. We could keep them in other
positions or the company that would be doing the sewers would take
them as part of the agreement. If in fact they did that, they would only
do it if it will benefit Carteret and these people will still have jobs and
we would be sure that they would. He wanted that to be known.
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Upon MMS&C, by Councilmembers Gutowski and O'Brien and
unanimous affirmative vote of the full Council present, the meeting
was declared open to the public for discussion.
OCTOBER 21, 1999
Standing Committees
Continued
MAYOR
PUBLIC DISCUSSION
OCTOBER 21, 1999
Library
WILLIAM KOLIBAS, JR. asked if there was any truth to the rumor
that there was a spring or a well found in the library?
Mayor Failace said it was absolutely no rumor. He said where they
put the elevator they drilled down 30 feet and drilled into an Artesean
Well. He has been assured by the architect and the engineer that they
pressure grout it when they put the shaft in. It will eventually stop it.
They have been able to build the Holland and Lincoln Tunnels without
water coming in.
Mr. Kolibas said he was commenting on what Council member
Quinones said. He would surely file all the papers necessary with the
Business Administrator before he asks for it, unlike her.
Councilmember Quinones said she did file the proper papers.
Mayor Failace said what she said was make sure he has them first
thing in the morning.
Councilmember Quinones said he should listen a little more clearly.
Sewers
FRED GERSTLER asked about the sale of the sewers and keeping the
jobs. He asked how can they privatize something and have people
keep their jobs, making the same amount of money and benefits.
Mayor Failace said they have done it in 12 different municipalities.
They make it a part of the contract. That's how it's done.
Mr. Gerstler said as a town we must be doing something wrong and
we're wasting money.
Mayor Failace asked him why did he say that?
Mr. Gerstler said how can they do everything the same way and it
costs less?
Mayor Failace said they are not doing everything the same way. It's
completely different than anything we have ever done before. Only 12
municipalities have done it. He would like to jump on the bandwagon
while it's still young, if it's feasible, before everybody else does and
the benefits won't be as great. Mr. Gerstler asked what are we doing
wrong. We are doing the same thing we have been doing for the last
20 years. We have $10,000,000 in sewer projects that need to be done
and they fix them. They even give the town cash when they buy the
sewers. Other towns have gotten up to $5,000,000 in cash.
Mr. Gerstler asked how could they do that and make a profit?
Mayor Failace said they charge a rate, but that rate is contracted for
and they can't raise it. We know for 20 years what the rate is and after
that time, we can take our sewers back. Mr. Gerstler would have to
ask the company how they make their profit. They have only had an
initial meeting with them, but it looks like a win situation for us.
Hoboken has done it.
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Mr. Gerstler said he thought it was important that the people
representing Carteret know how they do it.
Mayor Failace said he understood the contract was big. It's going to
take a whole team to go over this. A whole team will be put together
with the Borough Attorney, Borough Engineer, McManimon &
Scotland, etc. The bottom line is if it's not good for Carteret they
won't do it. They will spend a few dollars to look into it.
Mr. Gerstler said they could make a deal to have our own
representation, if they pay for it.
Mayor Failace said that was part of it. He was talking about initially.
Mr. Gerstler asked if it was true that sand is not allowed to be dredged
to use as fill?
Mayor Failace said it's clean.
Mr. Gerstler asked if it was clean dredge sand, are they allowed to use
it?
Mayor Failace said he believes so.
Borough Attorney Coughlin said the Ordinance provides that fill that
is already within a community can be used. It prohibits bringing in
contaminated dredge spoils from without the community to be used as
fill.
Mr. Gerstler asked if the EPA said it was clean, would it be allowed
in?
Borough Attorney Coughlin said our standards are higher than the
New Jersey DEP standards.
Mr. Gerstler asked if it meets their standards can it come in? And he
asked where our standards came from?
Borough Attorney Coughlin said from an evaluation by engineering
firms that try to set the highest possible standard to ensure we have the
cleanest fill as possible. There is no fill that is virgin, it would be cost
prohibitive. There is going to be some level of contaminants. He
doesn't mean that it would be toxic, because that wouldn't be
permitted under any circumstances. There are levels set out in the
ordinance. Our standards have been set specifically higher than the
NJDEP.
Mr. Gerstler said he understood that Bellmead, who have the rights to
build the mall, was going to use clean dredge sand that was approved
by the Army Corps of Engineers and our ordinance will not allow that
to happen, so now they can't build.
Mayor Failace said Mr. Gerstler knew more than he did, because they
haven't come to the Council. They were given a copy of the ordinance
and asked to review and bring it back if they had any problems.
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Borough Attorney Coughlin said Bellmead made some comments on
it.
OCTOBER 21, 1999
Sewers
Continued
Dredge Fill
Ordinance
OCTOBER 21, 1999
Dredge Ordinance
Continued
Mayor Failace said they made some comments and the Council made
adjustments.
Borough Attorney Coughlin said they are still discussing it.
Mr. Gerstler asked if anything was done to endanger that deal?
Bellmead
Mayor Failace said whatever deal was there, there will be a deal there.
They have done nothing for Bellmead to get out of the project.
Borough Attorney Coughlin said clearly there are avenues of
discussion. It is our ordinance, so this Council stands in the position to
make whatever amendments are necessary in order to facilitate
projects which they believe to be worthy.
Mr. Gerstler said he was worried that by having this ordinance in
effect and they turn around and say we are making it impossible for
them to build and they want their money back and all the expenses
they have laid out.
Mayor Failace said that absolutely will not happen.
Fundraising
Ordinance
Mr. Gerstler asked about the ordinance concerning no solicitation, no
fundraising? What happens when they receive checks in the mail
during business hours. What do they do to police themselves.
Mayor Failace said evidently Mr. Gerstler knows what happened. He
said he would explain it to him. There is going to be a Mayor's Ball.
Mr. Riggio is working on a Ad Book off premises in his house. Mr.
Gutowski is treasurer for that. All the checks that came in for this Ad
Book were to go to Mr. Gutowski and the ad itself would be mailed to
Mr. Riggio. Mr. Riggio's clerk opens all his mail. If they were doing
something they didn't want anybody to know about, they certainly
wouldn't send it to his office. The clerk opened the mail and a check
was mistakenly sent for the ad book to Mr. Riggio. The clerk went
down and mentioned something to Kathy Barney. Nick Goldsack, our
Business Administrator immediately talked to Melanie and called in
John Riggio and they explained what happened. There was an
investigation and that was the end of it.
Mr. Gerstler said he wasn't focusing on that. He wanted to know
about the letter that all the supervisors got regarding obtaining tickets
for the Mayor's Ball.
Mayor Failace said it was a notice that was put on the bulletin board
notifying employees that there was a Mayor's Ball and to call a certain
number for tickets. Not as a fundraiser. For there cost or for free. He
just wanted to give them an opportunity to come if they want to.
Councilmember Gutowski said there is nothing on that paper that gives
a dollar amount. All it says if they are interested in tickets to the
Mayor's Ball to call this number.
Mayor Failace said there were a lot bigger issues in this town.
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OCTOBER 21, 1999
Mayor Failace said if Mr. Gerstler feels they did something wrong, he
should go to the prosecutor.
Fundraising
Ordinance
Continued
Mr. Gerstler said he just didn't want there to be double standards.
Councilmember Gutowski commended Mr. Gerstler about his web
site. He said there was one question he was interested in. It said the
money that was set aside for the marina was gobbled up and spent on
consultants. He asked Mr. Gerstler if he knew how much money was
spent on the marina and where the money was?
Marina
Mr. Gerstler said he was told and by looking at the paperwork, the
money was spent on other things. They moved the money around.
Councilmember Gutowski said the money for the marina was in two
phases. $985,000 grant and the $985,000 loan at 2% from Green
Acres, cannot be transferred or spent unless it is specifically
earmarked for the marina. They have spent approximately $15,000 of
that $1,900,000. We don't even have that money. It sits in Trenton
with Green Acres. The borough first has to spend the money and then
get reimbursed from Green Acres.
Mr. Gerstler asked what they are doing about the marina?
Councilmember Gutowski said they are being held up by Green Acres
at this point. The site next to it is contaminated. Our site needs to be
remediated. When the state tells us we can go ahead, we will.
Councilmember Crilley said they received two grants from the state
for the EPA remediation and inspections. They have just completed
phase 1, trying to identify where the problems are coming from. The
I" phase is a $15,000 grant and the 2nd phase is $50,000 to do a more
extensive search of the area and identify problems and start to put
together a remediation plan. The 3cd phase will be the remediation and
they will probably have to get additional grant money for that.
Mr. Gerstler asked who on the Council is the one focused on working
on this project.
Councilmember Gutowski said he has been down to Green Acres
numerous times and has had meetings with them. He said they all
have been down. They want this to go forward as much as anybody
else does. This marina was supposed to be built in 3 phases. The 1"
phase was to refurbish the dock and fix the infrastructure around there.
The 2nd phase was supposed to be getting acquisition of the parking
lot. That is not our property. The 3cd phase was the anticipated
structure of the marina. Green Acres has only funded phase 1. There
never was a phase 2 or three according to them. The only money they
gave us was to do the park. They had tried to get money transferred
from parks to that area, Green Acres wouldn't allow them to do that,
but they allowed to change the plans. They allowed them to put a
roller hockey ring and they won't cost the borough anything to do.
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OCTOBER 21, 1999
Marina
Continued
Mr. Gerstler said something about moving the money from here to
there.
Councilmember Gutowski said they were using that money earmarked
for that park
Mayor Failace said he has always said there is not a marina. He went
down with Mr. Gutowski to Trenton and they were shown the plans
and there wasn't a marina. There never was a marina. The plan is to
do the park. There is a possibility there might be one in the future if
they get money for it. He said they are not switching any money from
anywhere.
Sewers
THOMAS STIGLIC suggested when the Council looks into the panel
to study the sale of the sewers, they should have a union representative
present.
Mayor Failace said they would take that into consideration.
Paving Streets
ROSE A. CAPP spoke about Hermann Avenue, Linden Street and
Whittier Street. She said the fixed the sewers, but never did the top
coat on the road. She spoke to the engineer and he had said the whole
street has to be ripped up.
Councilmember Gutowski said that's not completed. Some of the
sewer laterals have to be done. They have to rip the street up again.
That's why it hasn't been paved.
Ms. Capp asked if they were going to fill in potholes?
Councilmember Mancuso said T. Surick has been filling them up.
Ms. Capp said when they connected the sewers on Linden and
Matthew they only went half way. She asked if Linden St. was going
to be repaved?
Mayor Failace said not at this time. There are other streets that are
worse and they have prioritized the streets that have to be done.
Ms. Capp asked if they were going to put another catch basin on
Hermann A venue. In the winter that area gets to be a sheet of ice.
Councilmember Gutowski said that is why everyone got the survey, to
tell us the problems on their streets. It's less expensive for the
homeowner to tell us the problem instead of sending the engineer out.
Mayor Failace said they have had a tremendous response to the survey.
Turnpike
Councilmember Gutowski said back in July he talked about meeting
the Governor and asking her to help us with the turnpike problem. Mr.
Lang was here last week and brought it to light that we have
tremendous problems. The Governor's office called him this week.
He spoke to her Aide.
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Councilmember Gutowski said the Governor's office assured him the
Governor's office is sending a letter to the Turnpike requesting that
they come and meet with the Mayor and Council and formulate some
type of plan to help us out with the Turnpike entrance. He doesn't
know what it will be, at this point, but at least they finally got through
to somebody to set up a meeting with us and the Turnpike. Hopefully,
that will be in the next few weeks. He thanked the Governor's office
and said they were sending her a letter to that effect.
There being no further business and discussion, upon MMS&C, by
Councilmembers Fazekas and O'Brien unanimous affirmative vote of
the full Council present, the meeting was adjourned at approximately
8:10 P.M..
Respectfull submitted,
K THLEEN M. BARNEY,
Municipal Clerk
KMB/SJ
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OCTOBER 21, 1999
Turnpike
Continued
ADJOURNED
OCTOBER 21, 1999
COUNCIL
MEEIING
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