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
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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.
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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.
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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.
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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
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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.
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#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.
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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.
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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
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