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HomeMy Public PortalAbout1997/04/24 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting May I, 1997, was held on April 24, 1997, 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. The following were noted present: Councilmember Bialowarczuk " Failace " Fazekas " Feingold " Gutowski Noted absent was Mayor Peter J. Sica and Councilmember DuPont. Also noted present was Borough Attorney Craig Coughlin. Mailed to the Home News & Tribune, The Star Ledger and posted on the bulletin board on April 18, 1997. a) Pat Holden - Pat Holden said the Resolutions for the East Amwell thing needs to be reworded. Attorney Coughlin read a letter saying it has come to the attention of the Council on Affordable Housing that Carteret Borough is negotiating a Regional Contribution Agreement with East Amwell Township and they have further learned that the RCA is for owner occupied scatter sight rehabilitation only. He referred to a State Statute saying that rental units may not be excluded from a Municipal Rehabilitation Program. Your exclusion of rental units is there for inconsistent with C.O.A. H. regulations and it would not be acceptable. Pat Holden said C.O.A.H. sent the article that was in the newspaper explaining our resolution to East Amwell, who called and said it was not acceptable to them, it has to be reworded. Attorney Coughlin said he had a discussion with Mr. (inaudible) and they are not taking a position with regard to our resolution and their census is whatever proj ect plan we could get approved is fine with them. He suggested that the resolution not be specific at all if need be. If the project plan doesn't get approved that is our problem. In terms of going forward they can proceed anyway. He 1 APRIL 24, 1997 AGENDA MEETING PRESENT STATEMENT OF MEETING NOTICE Pat Holden Eas t Amwe 11 APRIL 24, 1997 Pat Holden Cant: thinks we can structure a program that would be acceptable to c.O.A.H., where we could accomplish what it is that is desired by the Mayor and Council and that is to fund money back to the homeowners. He said we have to make the fundamental decision whether we are going to proceed with East Amwell. What they are proposing is that it be a minimum of five (5) units with a maximum of twenty (20) units and in talking to the Counsel of East Amwell he anticipates that it will be only five (5) units. He thinks that there is a Group Home that would satisfy most of their requirements and he anticipates that it would ultimately be approved. Pat Holden said a recommendation is that the wording on the resolution be removed to that exclusionary phrase and we can move forward to request this. She said even if it is a minimum of $100,000.00 it is that amount to the homeowners to rehabilitate houses. Councilmember Failace said he did not understand how we can't put that in our ordinance but that is what we can exactly do. Pat Holden said because we will put a Project Plan in and they will review that before she submits that and it will identify what we will be doing with the money. Attorney Coughlin said as far as he knows C.O.A.H. hasn't focused on the resolutions. Pat Holden said by stating rental units, we said owner occupied, that is their key phrase. She said they would have only seen the resolution in the newspaper. She said she did send it out to East Amwell who forwarded it to C.O.A.H. Attorney Coughlin said the resolution only talks in terms of what our agreement with East Amwell can include. Hopefully C.O.A.H will approve the agreement. He said if the Council is going to remove that language that night of the meeting than that may be (inaudible) but he is not sure that the resolution drafted as it is would prevent the agreement of the subsequent project plan from being approved. He asked if he was correct. Pat Holden starting speaking saying her understanding is ........... Attorney Coughlin finished the sentence for her saying they are going to bounce the agreement because they don't like the resolution. Pat Holden said he was correct. Councilmember Gutowski asked Attorney Coughlin if he talked to C.O.A.H. 2 Attorney Coughlin said he talked to the lawyer from East Amwell and one from C.O.A.H. but not with regard to East Amwell because it was out of her district. Councilmember Gutowski asked him to talk to the one from C.O.A.H. to get clarification. Attorney Coughlin said we can redo the resolutions. He thinks that the primary question is that we have to redo more than the resolution because that is what it is, but there is potential, philosophical differences between what the Council intends and what we may be obligated to consider. Councilmember Gutowski said that is the problem because the Council basically stated that they wanted this money to go directly to the homeowners and we don't want to be told by C.O.A.H. that there is a possibility it may go to someone else. Attorney Coughlin said it can go to homeowners but you can't exclude rental units. Councilmember Bialowarczuk said the ultimate decision to spend this money is our decision. Down the road to give this project to homeowners to repair their homes, is our decision. Councilmember Failace asked if a developer comes to get the money should we say no. Pat Holden said it is up to the city to decide whether they are eligible for the money. She spoke on this shortly. Attorney Coughlin said he had talked to C.O.A.H. a few times but not with specific regard to this question but his concern is that if they specifically tell him something we don't want to hear, what do we do. Councilmember Failace quoted the Mayor saying in an article if they don't agree with what we are saying then they can keep their money. He said maybe that is the way we have to go. Attorney Coughlin said C.O.A.H. has never contacted him or the Council, so it seems to him that either they are more vigilant than is imaginable for State Aid or they are overstepping or they are more interested than one would typically anticipate. Councilmember Gutowski said if we change our resolution than the only insurance we have that we are going to do what we say we are going to do is right here at this table. Pat Holden said it is approved by the Council and Affordable Housing. Attorney Coughlin said but even there you couldn't exclude rental units and get it approved. 3 APRIL 24, 1997 Pat Holden Cant: C.O.A.H. APRIL 24, 1997 Pat Holden Cant: Cranbury RCA Pat Holden said she just did it for Readington. The Council directed Attorney Coughlin to talk to C.O.A.H. to decide what to do. Pat Holden next spoke on Cranbury RCA. She said we had a meeting and during this meeting it came to pass that the contract that she put in all their boxes for review was the contract that was approved by C.O.A.H. and the statement that was used in that contract was that no money shall be used for a loan. All monies must be used for a grant. She said C.O.A.H. reviewed a memorandum of understanding and a contract that was prepared by Cranbury, who had entered into an RCA Agreement seven (7) years ago with Perth Amboy. When we agreed to it they just popped the original wording off their computer and popped in our names and dates and new amounts and numbers and sent it over to us and we sent the whole package out to C.O.A.H. for review. They approved it in 1995 in September/October and in January when they came to us and said they need a contract, that Cranbury said we had better sign this contract. She pulled a model out of a C.O.A.H. Book and filled in the blanks for us, but unfortunately upon this investigation it was identified that the wording that was in the one that was C.O.A.H. approved, which is the language she just gave them, was not in the one that the Mayor actually signed, so C.O.A.H. is insisting that the original document, which they approved on their review, be signed by the Mayor and ultimately what that creates is instead of the monies to any developer being a loan it must become a grant. He has a ten (10) year obligation to maintain affordability under this particular money. If he sells the property prior to ten (10) years it must be paid back and if he holds the property at least ten (10) years then the loan is forgiven. It is an outright subsidy to the project so the contract has to be signed. Attorney Coughlin said the contract that was signed and the one approved by C.O.AH. was not the same one. Councilmember Gutowski asked how much we were talking about. Pat Holden said $500,000.00. Councilmember Fazekas said he confused. was Councilmember Failace said it is not a loan it is a grant and we don't get the money back. Councilmember Fazekas said that maybe we should have a separate meeting and talk about that. He commented, first it is a loan and then it is a grant. 4 Attorney Coughlin said the Mayor has scheduled it because in order to approve it there is also a project cost analysis put together by Frank Raia and he will give it to the Clerk. Councilmember Gutowski said what Councilmember Fazekas said was true, this years and last years Council and the Council two (2) years ago was under the impression that this was a ten year zero interest loan and we would get the money back and use it for the residents of the town and now we are being told to sign this and it is a grant. Pat Holden said our options are that C.O.A.H. can just revoke the RCA and should they, which is what they intimated, we would lose all of it and we would be subject to some action by the developer. Attorney Coughlin said that should be discussed in Closed Session or at Monday's Special Meeting. Councilmember Gutowski agreed. Councilmember Failace asked if it was up to the developer whether they wanted this at low or moderate income or sell them as condos. Pat Holden said if the developer has other funding from the State her understanding is that it has a thirty (30) year obligation. The Council decided to leave the rest of that discussion until Monday. Pat Holden then asked about the Senior Clerk Typist position for her office, saying she spoke with Civil Service and the Clerk and we didn't have to do the Desk Audit. The Clerk said to just put her through as Senior Clerk Typist on a resolution because there is an ordinance for that position and since her funding comes out of Urban Enterprise there is no cost to the city. She commented that she does a good job. Pat Holden spoke on the Business Directory contract. She gave all the information tonight and we are now at the point to put in a proposal and get this going. There is no cost to the city. She checked with Elizabeth and Rahway who are doing it and it has been very successful. It turns out that if on these canvassing of these businesses he is unable to make his $11,000.00 cost factor to create this booklet all the money will be returned. She wants to make sure an attorney draws up the contract. Attorney Coughlin said this man is going to produce this booklet with all this information about businesses in the community and we are going to receive the checks ftom the people and send them through to him. Pat Holden said yes. <; APRIL 24, 1997 Cranbury RCA Cont; Senior Clerk Typist Business Directory APRIL 24, 1997 Farmers Market Urban Enterprise Cauncilmember Feingold noted Absent Hockey Rink Pat Holden said regarding the Farmer's Market they are opening up probably the first week in June with planting flowers and the Italian bakery and probably two (2) more vendors. She suggested our Municipal Department Heads to help out. It has been done in other towns and has been successful. It will make the Department Heads accessible to the public. Pat Holden said she is probably going to need a resolution for Urban Enterprise. A business has to re-certify every year and the obligation is that they hire one more position then they started with. She said the State made an opportunity for those businesses that can't maintain the employment level to do something called in lieu, which would be a Capital Improvement on the building or a contribution to the community. At approximately 7:32 p.m., Councilmember Feingold was noted absent. Pat Holden said AMAX can put in a Hockey Rink by the Farmer's Market area. That would be an in lieu%òhtribution to the city. If Urban Enterprise agrees with it we will need a resolution from the city supporting this in lieu'èdút'tibution immediately. Councilmember Fazekas said he would like Pat to investigate the Chrome Area to be included in the Downtown Plan. Pat Holden told him we are getting closer to it because in this last week and a half Woodbridge Township gave her the linear footage to move forward on the Industrial Road. That has to be the first aspect. Councilmember Fazekas said he doesn't see why we can already start in the Chrome Area, getting the business's involved and see what they could do and what is available to them. Pat said she sent down all her projections today of what they are planning to do this year with Urban Enterprise money. Councilmember Fazekas said not excluding Chrome. Pat said no and she said she would give him a copy of the plan. Councilmember Fazekas asked if there is anything in termS of computer or network related that we can take out of Community Development money. ¡; Pat Holden said the project was approved back in January and that is it for this year. She went on to say if the Health Department doesn't use the $5000.00 stipend allotted them for the stairs rehabilitation she can put in with the County another use for it and see ifhis request is an acceptable use. Councilmember Fazekas said it has to do with the Senior Citizens. He said that Woodbridge Library offered a program to get them on the Internet. Pat Holden said as long as it is Senior Citizens something like that will go. b) Borough Engineer - Parmar then spoke about the Credit Change Order on Recreation Center that it was based on: Charging Roof Spec - $22,800.00 Elimination of Vertical Bars in Walls- $2,900.00 Total- $25,700.00 He said the contractor had to put the Vertical Bars as site instruction given to him by the Architect and Construction Official. Hence it is requested to approve the amendment to the Credit Change Order for the amount of $22,800.00. Parmar then spoke about AJ V Engineering Inc., that they have reported to get a closer permit for removing underground tanks at the Recreation Center. It is necessary to provide the DEP with the UST Certification Number of the firm removing the tanks Councilmember Gutowski said Mayor Sica said to get someone to do it because neither him nor Hank are certified to remove the tanks. Parmar then said the contractor is pressing for his payment approval for $8,800.00 for changing wiring in the Assembly Hall of the Recreation Center. Councilmember Gutowski said the Mayor said to just put it on and pay it. Parmar then said the Park Department has requested to keep the control box for field lights outside where it is now and change the temporary to a permanent one which will be vandalism proof on a concrete pad with a locking arrangement and fenced. He said the estimate for this is $6000.00. If approved then we will issue a change order. Councilmember Gutowski said he is talking about the new lights on Lebow's Field. He said right now they have a temporary structure there. Originally they had planned to have the switch for the lights inside the building but the other fields have the box right 7 APRIL 24, 1997 Health Dept., Re: Stairs Borough Engineer Recreation Center AJV Engineering Inc. Wiring Cantrol Box for Field Lights Lebo,,' s Field APRIL 24, 1997 On the field so they don't have to go into the building so they will make a permanent structure there. Drawings, Re: Hill Section Parmar then said a preliminaryctm.im, for an alternative and economic way for second phase of storm drainage in Hill Section is prepared because Conrail has refused in spite of all the detailed laborious efforts. If acceptable then fresh and full drawings, two (2) specs and two (2) documents are to be prepared for which an estimate will be obtained ftom Shoreline. Road Repairs Parmar then said a list of roads in need of repairs is prepared jointly with the Road Department with Mr. Surick. This will be submitted before the next meeting to the Council for putting priorities and then the preliminary estimates will be prepared. Councilmember Failace asked Parmar about where Public Service had done some work and the road is not closed well. Parmar said they can go back to them and he suggested that someone help them and supervise them when they close the road and that even though the Utility Companies don't pay the fee for this they should still fill out the applications like anyone else. He said there has to be some system to have control over them. Councilmember Gutowski said Attorney Coughlin can look at this. He said we should have some kind of agreement with these companIes. Attorney Coughlin said we have given them easements and presumably that was done in pursuant to an agreement with the Utility Company and the Borough. In that agreement should be included what is their obligations. He said his guess is it will include an obligation on their part to restore the roadway to the correct condition. Improvements to Leffert Street. MINUTES FOR APPROVAL March 3 & 5,1997. A)Municipal Clerk's Week b)Letter Carrier Food Drive Day ORDINANCES Public Hearing- #97-11 Amending Code, Chapter 109, Entitled Construction codes, Uniform - Re: Flat Fees. 8 #97-12 Amending Code, Chapter A345, Police Department Rules & Regulations, Re: Searches. Appointing Umpires - Recreation Program. Cancellation & Refund of Sewer Fees. Amendment to Temporary Budget. Endorsing Submission of Recycling Tonnage Grant Designee. Directing the Issuance of a Taxicab Owner's License - Robert F. Beck. Directing the Issuance Taxicab Drivers Licenses - Eagle Cab Co. ABC License Transfer - from Plonski, Plonska 7 Pieluszynski to Carteret Diner, Inc. ABC License Transer - from Enrique Gi dano to Nikk, Inc. Twps. Of Edison, Woodbridge & Borough of Highland Park - a) Resolutions supporting passage of legislation for reimbursement of totally disabled veterans property tax exemptions. Twp. Of Edison - Resolution urging legislation to adopt bill to prohibit use of property taxes for school funding. Middlesex County Planning Board - Resolution opposing FY 1998-2002 State Capital Construction Program. Board of Health - March 1997. Clerk's Office - April 1997. MATTERS FOR DISCUSSION: Recreation Commission Appointments. Councilmember Gutowski said we håd a problem with this last week and we Tabled it so we will go into Closed Session to discuss it. John Spoganetz, Esq. - a.)Resident request to purchase property on Essex Street. The Clerk said she got a copy of a map of where it is located and put it in the bins for everyone. b )Request from South Shore Properties to purchase property. Attorney Coughin said he will look into both of them. 9 ARPIL 24, 1997 ORDINANCES Cant: RESOLUTIONS APPLICATIONS COMMUNICATIONS REPoRTS Recreation Commission Appointments Essex Street APRIL 24, 1997 Joseph P. Schiappa, Esq. Ralph De Francesco D. Uhouse Robert Hedesh, Esq. Patrick De Blasio Carteret First Aid Squad Zoning Board Resolution Joseph P. Schiappa, Esq. - Tax Appeals. Attorney Coughlin said Joe Schiappa was concerned because he was representing the Borough in regard to Tax Appeals. He wasn't notified with regard to any change in the direction and that was all prior to the Borough hiring him to do all the State Court Tax Appeals. He has spoken to Mr. Schiappa and he knows we are on an even keel and some of it results from his have had been given information that was inaccurate and untimely. Unsolicited on Mr. Schiappa's part. Ralph DeFrancesco - Request for Temporary Clerk Typist. The Clerk said she contacted the High School and they have someone who can come in the afternoons and she also called the County because they have a work program and they will be calling back. D. Uhouse - Judge. The Clerk said she sent a letter out for replacement of the judge. Attorney Coughlin said he didn't know whether we could appoint a judge. He thinks there is a statutory term of office for a judge for three (3) years. He said they could create another judgeship but then they would have to appoint someone to that for another three (3) year term and that would be up to the Council. He said typically the way this usually is handled is the judge who is going away arranges for their own replacement. He said it is in the court's hands. Robert Hedesh Esq. - Bill for services. Manella vs. Borough of Carteret. Attorney Coughlin said they have to amend the resolution to increase the amount because the resolution is not to exceed $7000.00. Councilmember Gutowski asked Attorney Coughlin to talk to Attorney Hedesh about it. Patrick DeBlasio Requesting Borough Attorney to prepareireview Capital Improvement Ordinances, Re: Cranbury & Readington RCA Agreements. Councilmember Gutowski said he spoke to Patrick DeBlasio today and he is asking us to amend our Capital Ordinance Budget to approve this money so we can give it out when the time is right. Carteret First Aid Squad - Requesting budget allotment. Councilmember Failace has to speak to Patrick on this. Zoning Board Resolution, Re: Talal. Attorney Coughlin said there was a resolution by the Zoning Board requesting that they refund some fees to Mr. and Mrs. Talal. He reviewed this and it was unclear to him why they wanted to refund the fee. He spoke to Attorney Schiappa who indicated that the work had been performed but there seems to be a financial need there and they want the fees refunded. He said he was not aware of a hardship basis for a waiver of Zoning or Planning Board fees. Councilmember Gutowski said if we do it for them we will have to start doing it for everybody so it won't be done. 10 Sound Design _ Tax Appeal. Attorney Coughlin said Sound Design had filed 1996/ 1997 appeals and Bill Marbach is proposing a settlement and then he suggested to talk about this in Closed Session because it is litigation. Abbott Contracting Company - Change Order for Sports Facility. The Clerk said they already spoke about this. BUSINESS TO BE ADDED: Councilmember Bialowarczuk there is a Handicapped Parking space at 22-24 Washington Avenue that is not being used. Councilmember Gutowski said we need to do a resolution to abolish the space. Attorney Coughlin said we just need to rescind the resolution. The Clerk suggested to write a letter to the Traffic Department at the Police Department to check all the Handicapped Spaces. The Council Agreed. Councilmember Bialowarczuk asked if we were going to have a meeting with the School Board on their budget. Councilmember Gutowski said their re-organization is on Tuesday and they need to have their Budget Meeting on May 19th. He said he has been in touch with Frank Parisi so they will be getting in touch to set up a meeting. Councilmember Failace said in adding in what Parmar said in reference to that problem with Public Service, he thinks he might send a letter to the Chief and find out if they have called them and told them. Councilmember Gutowski said he could get in touch with Ted Surick because he knows about this and he is responsible for Streets and Roads. Councilmember Failace said we have to find out. Councilmember Gutowski said Mayor Sica asked him to read something that was addressed to him and then he read a letter from the Sunshine Bouquet Company in thanking him for meeting with them and showing an interest in them. Upon MMS&C by Councilmembers Failace and Fazekas RESOLUTION #97-145 "RESOLUTION TO GO INTO CLOSED SESSION" 11 APRIL 24, 1997 Sound Design Abbott Cantracting Company Handicapped Parking Space School Board Mtg. Public Service Problem Sunshine Bouquet Company RESOLUTION #97-14: Resolution to go into Closed Sessic APRIL 24, 1997 Resolution #97-145 Adopted MEETING CLOSED MEETING OPENED AJV Resolution ADJOURNED was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Fazekas and Gutowski voted in the affirmative. Councilmembers DuPont and Feingold were noted absent. At approximately 8:15 p.m., this meeting was Closed to discuss Personnel and Potential Litigation. Upon MMS&C by Councilmember Failace and Bialowarczuk and unanimous affirmative vote of the four (4) Councilmembers present this meeting was opened to the public. Attorney Coughlin spoke on a AJV Resolution they passed at the last meeting. There was a miscommunication from his office to Kathy's office with the regard to the amount to be included in the resolution with regard to the waterftont changes it should be $15,000.00 not $8000.00. The Clerk said it has to be amended. Upon MMS&C by Councilmembers Gutowski and Bialowarczuk and unanimous affirmative vote of the four (4) Councilmembers present this meeting was adjourned at approximately 8:40 p.m. RespectfulY submitted, ~~L~~Y KATHLEEN M. BARNEY C/ Municipal Clerk KMB/lr 12