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HomeMy Public PortalAbout1996/02/29 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting March 7, 1996, was held on February 29,1996,7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. The following were noted present: Council President Sam Semenza Councilmember Deborah Bialowarczuk " " James Failace " " William Feingold " " James O'Brien Noted absent were Mayor Peter 1. Sica and Councilman Jack Fazekas. Also noted present was Borough Attorney Robert A. Hedesh. Mailed to The Home News & Tribune, The Star Ledger and posted on the bulletin board on February 23, 1996 MINUTES FOR APPROVAL: February 1 & 8, J 996. BIDS: a) Sports Recreation Facility b) Wheel Loader c) Pick Up Truck d) Comminutor - Dorothy St. Pump Station ~ PUBLIC HEARING - 1996 Local Municipal BudgetIResolution #96- 44. PROCLAMATIONS: a) Carteret Disabilities Awareness Day. b) National Employ the Older Worker Week TO ADDRESS THE GOVERNING BODY: Tim Windos - V ALIC Mr. Windos said that in September he gave a presentation on a deferred compensation plan which is available to the Borough of Carteret. Any employee of the Borough can tax defer up to $7500.00 a year as a payroll deduction plan or 25% of their salary, whatever figure would be less. The employee would have a number of investment options to choose rrom. He likes to refer to it as a tax shelter/retirement plan It doesn't cost the Borough anything to adopt the plan. All he needs is a resolution by the Council allowing him to be the carrier for the Borough. V ALIC stands for Variable Annuity Life Insurance Company. All they do is retirement plans for school systems an local governments. They have Woodbridge Twp., Edison Twp., Perth Amboy and New Brunswick. Their company is rated an AA2 which is an excellent rating. He said that he will be the representative and will be available to help the employees. Councilman O'Brien asked if we will put a resolution on for him. Borough Attorney Hedesh explained that the State law requires that FEBRUARY 29, 1996 AGENDA MEETING February 29, 1996 ROLL CALL STATEMENT OF MEETING NOTICE FEBRUARY 29, 1996 AGENDA MEETING -Continued there be alternative bids or proposals adopted by the Borough The last he left this was that the Council directed Mr. Ferguson to go out and get bids. Until he reports and you get other proposals, you can't adopt it. You have to state in the resolution that alternative proposals have been gotten. He said that he doesn't know that he has gotten them. Councilman Semenza said that he spoke with the Mayor this evening and he told him what we want to do, is we want to get Mr. Ferguson in here so he can explain to us, what he has already received. We know he had worked on this. ORDINANCES: First Reading- 1. Capital Improvement Ordinance, Appropriating $100,000.00 for Computer Equipment & Services. Public Hearing- 1. #96-3 Establishing position of Omnibus Driver 2. #96-4 Amending Salary Ordinance #71-9, Re: Omnibus Driver. 3. #96-5 providing for Various Sewer Repairs & Improvements, Appropriating $125,000.00 from the Capital Improvement Fund. RESOLUTIONS: l. Directing Issuance of Various Raffle Licenses. 2. Amendment to 1996 Temporary Budget. 3. Professional Services - Barry Albin, Esq. for State vs. Connolly -$57698. Borough Attorney Hedesh said that he didn't believe that was the amount. The Clerk said that this amount was what Patty Ercolino gave her Attorney Hedesh explained that Barry Albin represented Connolly in a case. Albin sent us 2 bi\1s. He said that he wi\1 check the number. This was a case that they ultimately won. This was a case with Foster that said that Connolly pointed his gun at him. It was all thrown out and dismissed. Barry's bi\1 got lost in the shuffle. 4. Professional Services - Art Gross, Re: Property Appraisals - Beverly Street. Attorney Hedesh says that he has that number and he will talk to the Council about that in closed session. We wi\1 have to decide how we are going to pass that amount on to someone. 2 5. Professional Services - Angelo Valetutto, Engineering Services, $6000.00. Councilman Failace asked if that was for the marina or Blanchard Street. The Clerk said that it is for Blanchard Street. We had to hold it for the ordinance. 6. Accepting Safety Belt Enforcement Demonstration Grant from the National Highway Traffic Safety Administration. 7. Appointing Richard Maher - Omnibus Driver 8. Opposing Land Use Regulatory Reform Act. 9. Resolution of Merit - Eugene Deutsch. 10. Authorizing Mayor to Execute Clean Communities Grant. REPORTS: 1. Clerk's Office - February 1996. 2. Fire - January 1966. 3. Treasurer - January 1996. COMMUNICATIONS: l. Township of Edison & City of South Amboy - Resolutions requesting State Legislature to examine an alternate method of funding schools that does not rely on regressive property tax. 2. Borough of Highland Park & Monroe Twp. - Resolutions opposing Land Use Regulatory Reform Act. 3. MC Division of Solid Waste Management - Public Hearing on Amendment to County's Solid Waste Management Plan, March 7, 1996,6:30 P.M., New Brunswick, NJ. MATTERS FOR DISCUSSION: 1. Sgt. Magner - Requesting 2 parking spaces for Doctor Brown - Lincoln Avenue. Attorney Hedesh said that we have to put in it that the spaces are not to be used for employee parking because that is not the purpose and then you're defying the ordinance. This is presumably for patients, not employees. 2. Tax Assessor - Requesting resolution for permission to file tax appeals to the County Board of Taxation to have assessments corrected. 3 3. NJ Department of Personnel - a) Provisional appointment of Brenda Farnham expires March 11, J 996. Need resolution to make her permanent. Councilman Semenza said okay. b) Need resolution changing titles of Chauffeurs to Omnibus Drivers. FEBRUARY 29, 1996 AGENDA MEETING -Continued FEBRUARY 29, 1996 AGENDA MEETING -Continued 4. William Kolibas, Jr - Resignation rrom Planning Board. Vacancy - Term to expire 12/31/97. 5. Richard Greenberg - Resignation rrom Planning Board. Vacancy- Term to expire 12/31/98. 6. Leo Calicchio - Resignation rrom Zoning Board. Vacancy - term to expire 12/31/97. Councilman Semenza said that the Mayor informed him that he will make these appointments at the meeting. Attorney Hedesh said that #4 and #5 are the Mayor's appointments and #6 is the Council's appointment. 7. Councilman Failace - Requesting that James Mancuso be appointed to the vacancy on the Zoning Board. 8. Petition - Office On Aging The Clerk asked if this was to be discussed in closed session. Councilman Semenza and the Borough Attorney said yes. BUSINESS TO BE ADDED: Councilman O'Brien said that he spoke with Patrick DeBlasio today. The quote for new carpets downstairs is $6895.00. They can bring that down to $6818.00 because we can rip out our own carpets. we probably can have Ray Tobias and some of the parks guys do it. He will go out and get 2 more quotes because he didn't expect it to come out this high Councilman O'Brien said that Ray also asked him about getting power in the shed outside. He wants to run a line rrom the Board of Health to the shed When he has to go into that shed at night, the only light he has is from the parking lot lights. Councilman Semenza said that they wi\1 check on that. Councilman O'Brien said that Patrick DeBlasio has spoken to him about bringing s new line into Borough Hall rrom PSE&G. He's going to get a few quotes on that. Councilman O'Brien said that Mr. Parmar has looked at the rront steps and he was hoping that he would be here tonight. 4 Councilman Semenza noted that the Council has copies of Mr Parmar's report and that it will be filed. Councilman Semenza said that about a year ago, we spoke about alternates on different boards. He was under the impression that the entire Council back then agreed that when we have alternates and we put somebody else on the board, the 1 st alternate moves into the vacancy and the 2nd alternate moves up to 1 st and the new member goes to alternate. The reason for that was because we ask people to come there as alternates to attend meetings, they sit there and most of them make more meetings than the regular members. They have to be substitutes periodically during the year and then all of a sudden, a position is open and we put somebody in and the alternate is left exactly where he is. This is wrong. We have to have some kind of fair process of moving our alternates up. The Borough Attorney said that the only board that there are alternates on is the Zoning Board and Zoning Board membership is governed under state statute. The Council can pass all of the ordinances and resolutions in the world to let the alternates move up in terms of a vacancy and it wouldn't be worth the paper it's written on. It's a policy, but it can't be mandatory. Councilman Semenza said that all he wants is a policy. It's not fair to anybody to serve as alternates on a board and then all of a sudden, you're left out in the cold and people are put ahead of you. Starting now, we've got to take a stand on this. We can't let things just happen like this. Otherwise, there's no such thing as having alternates. How can we ask 2 people to come to meetings all year long, make good attendance and then when there's a position open, we put someone in the position and they just sit there as alternates. Councilman Semenza said that they have to take a good look at some of the functions of some of these boards because it's chaos up there. Some of the boards are not running the proper way. There's not even the right type of information given to these gentlemen. He said that he doesn't blame them, he blames the system. How can laymen go up there and get a set of blueprints put in rront ofthem and know what is going on. How can these guys be handed a blueprint that night and expected to make a decision? Then they have to go look at sites. We don't even have Mr DeFrancesco attending these meetings and he should be there to make sure that he gives his professional opinion so these gentlemen know what is going on. People come up here month after month and spend $7000.00 and $8000.00 for attorneys, architects and everyone else and then they come up here and they're not getting the fair shake. He is not blaming the members on the board, he is blaming the system. We're not giving these guys the right type of information and we're not handling this the right way. He doesn't care if we have to have our engineer or building representative, Mr. DeFrancesco or somebody show up. Maybe there should be a 1/2 hour session prior to the meeting where they can actually go over these things with the people that have the credentials to tell them the right information. People go up there, get turned down and it costs them money and we find out down the road that there's nothing wrong with it. If we do it the right way, it's going to take politics out of the Zoning Board and the Planning Board. We've got to get the politics out of it. Let's do what's right for these people. 5 Councilman Failace noted that in the code book, it says that the Borough Engineer is supposed to advise the Planning and the Zoning Boards. Attorney Hedesh said that the Zoning and Planning Boards have an engineer FEBRUARY 29, 1996 AGENDA MEETING -Continued FEBRUARY 29, 1996 AGENDA MEETING -Continued Councilman Failace said that the code book says that it should be the Borough Engineer Attorney Hedesh said that he wouldn't hang his hat on the code book. Councilman Failace said that he doesn't understand that. Attorney Hedesh explained that in 1988 we revised the codification. The then Borough Attorney refused to go through it and codity it, review it. He said that he did it personally. There were titles in there that never existed. Somewhere along the line in 1994 or 1993, we did the codification again. There is no report sitting here on the codification, nobody went through it. The Borough ordinances cannot supersede the statute. He doesn't know if anyone has ever gone through the codification and matched it up with the current laws. The guy who does the codification doesn't know that. Attorney Hedesh added that he would question whether or not the Borough Engineer can advise the Planning Board because he's going to turn around and inspect things like the sewer hook-ups and sewer tie-ins. That's why there has always been an engineer appointed by the Planning Board, paid for by the engineering escrow and that person has reviewed the plans. Councilman Semenza said that we've never had a problem with the engineering part of it. He said that he'd rather not have Mr Parmar involved. He has enough work which he can't get to in the town. Councilman Semenza said that the board members really don't get the information to make a logical and professional decision. Councilman Failace asked the Borough Attorney to get him the State Statute on the engineer The Borough Attorney said that there is no State Statute on the engineer He said that what he said was that there are 2 problems with the codification book. One is that it is not in line with...(inaudible). There is no State Statute that says that the Borough Engineer has to...The County must have 30 engineers. There are some things in our codification that may conflict with State Statute, not necessarily that area, but other areas. Councilman Failace said that is neither here nor there, he is talking about this area. Attorney Hedesh explained that if he is talking about the Borough Engineer, in our codification of what the Borough Engineer does, based on what we do, is that the Zoning Board has always appointed their own engineer, as do most Zoning Boards. That was probably written before we had a full-time engineer Councilman Failace said that all he is looking at is what we pay here and what we pay there. 6 Attorney Hedesh advised that we don't pay the Zoning Board Engineer. He is paid fTom escrow money that someone puts down for the review of plans. The engineer is paid fTom that escrow and is paid by the applicant. Councilman Failace noted that if you look at the beginning of our bi\1s, it says that we paid the engineer this much money. Attorney Hedesh said that it is paid out of the escrow. At approximately 7:30 P.M., Councilman Fazekas was noted present. Councilman Semenza noted that we have to do something about these boards. Attorney Hedesh said that based on what he is hearing, somebody better sit down and find out and outline to this Council, the procedures of what is being done. You have to know what is wrong in order to fix it. Councilman Semenza said that about 15 years ago he served on the Zoning Board. Back then he told them that he had members asking him about prints that had nothing to do with anything. It's not the member's fault. There is no one there to explain. Attorney Hedesh said that maybe the may be with how applications are presented. Maybe they have to be sent to the professional people for recommendations. You'll never get to the point that someone sitting up there doesn't understand the plans or the blueprints. That's really not the problem. The problem is that the people need to hear from the applicant and the Borough's person in regards to the blueprints. They should not really be making a technical decision as much as the should be making a decision based on what the law says they should, in their civic opinion, is best for the town. The questions as to the blueprints should be addressed to professional people, either the engineer or the zoning person. You're always going to have that. It's technical in nature as to what the type of board is. The same thing with the Planning Board. To this day, and he sat on the boards, and he still has to look at the statute as to what board a matter goes before, the Planning Board or the Zoning Board. Be as it may, there is a technical nature there, but the problem is maybe how you set up the hearing. Maybe the professional people have to respond to the application and then when they hear it, they've got at least the input of the Borough's professional people, rather than hearing the application first and then searching for information on how to hear it. 7 Councilman Semenza added that on many occasions, they've received copies of, or a list from Mr DeFrancesco who maybe knocked down maybe, 15 topics on the variance but none of them explained. Ifhe was handed a sheet with 15 violations, he would not approve the variance. It should be explained and how to correct them and a time period and everything else. The board members are the ones that take all of the abuse. The bottom line is that they are the ones that have to make the decision. Borough Attorney Hedesh said that you have to streamline your system so that applicants don't come in time after time because you're not ready or the board isn't prepared to act. You may have to tell your board members what things they need to know. FEBRUARY 29, 1996 AGENDA MEETING -Continued Councilman Fazekas -noted present FEBRUARY 29, 1996 AGENDA MEETING -Continued Louis Mangieri said that the procedure always was that the 1 st and 2nd alternates moved up. Somebody should be there to lead these zoning people. The previous zoning man was there at every meeting. That's why he is getting a salary as Zoning Officer. That man should attend those meetings. Councilman Semenza said that they will take that into consideration. An unidentified man suggested that the engineer, legal department, the accounting department or whatever is affected, should sign off on the application before it goes to the board. Attorney Hedesh said that the Council could certainly appoint a committee to look at the whole procedure and establish guidelines to improve the system. He suggested a 3 member committee so that they have the chance to come in with people and get a clearer..This way you don't have a quorum and they can't act officially on behalf of the Borough. Anything they say does not bind the Borough. Those 3 people can meet with the Zoning and Planning board members, with the chairman, with our professional staff and put their recommendations to the Borough as far as policy and procedures for the applications. George Malek said that the plans are given to the engineer way before the meeting and suggested that they have a discussion on it then. Attorney Hedesh said that they can't do that because then they are acting on something that would not be publicly held. In his opinion, it would be circumventing the application. You have to give somebody a fair and impartial hearing. Michael Carnevale asked if it would be a conflict if the board started earlier, meeting without anyone there. William Kolibas. Jr. said that he has been on the Planning Board for 6 years now. Most of the applications go to their own engineer first. He reviews them and then he comes to the meeting and he gives them his recommendations. They look at his recommendations and if they have any questions, they ask him and he answers them. On the Planning Board they had a site plan committee where 3 members went out with the engineer and looked at it. They then asked their site plan committee members what they saw at the project and what they thought. He doesn't really see any problem with the way the Zoning Board or Planning Board works. He doesn't understand what the questions is here, it's been working good. Councilman Semenza asked him if he attended the last 4 zoning meetings. Wi\1iam Kolibas, Jr. said that other than the people sitting there and not running the meeting the way it is supposed to be run and the public jumping in and the attorney or somebody not showing up on time, that's where the problems are coming from. As far as the members doing their jobs and reviewing things, he doesn't see a problem there. About 3 years ago he asked Mr. DeFrancesco to come to all of their meeting and he told him that in order for him to come to the meetings, we'd have to pay him. If you want to make a policy there that the Borough Engineer would have to come to our meetings, that's a great idea. Maybe he'd know something more than our own 8 FEBRUARY 29, 1996 engineer would know. AGENDA MEETING -Continued Councilman Semenza said that the board is not informed. It does not get the information that you think they get. William Kolibas, Jr. noted that in his 6 years on the board, he has always researched everything. Bruce Anglin said that there was 1 application with a very thick booklet and when you have 20 minutes to a half hour to look at it, about the product, there's no way you can be an expert in 20 minutes. You'd have to have 2 weeks to know what this man is talking about. You need an expert. Councilman Semenza said that but at the end of the meeting they take a vote on it. He said that Mr Anglin just admitted that there is no way that they can possibly know what is going on there but yet they wi\1 vote yes or no. Mr. Anglin said that it is on the recommendation of one of the officials. Louis Mangieri said that there is a serious problem affecting the senior citizens of the Borough ofCarteret. He is informing the Council now to investigate this matter There is a screen test that they have every year. The advertisement says that these clinics are made possible through a grant of the Soldier's and Sailor's Memorial Fund. These are rree. What the Board of Health did at the last meeting was they decided to make the senior citizens that are on Medicaid bring their Medicaid card there before they can get any tests done. Then it discriminates against them because if you are not a senior, you go fTee. That's not the way it's supposed to work. These are rree clinics fTom the Soldier's and Sailor's Fund. The Mayor and Council should investigate this. The seniors should not have to use their Medicaid card Board of Health -Clinics Councilman Semenza said that he doesn't want the board members to feel that he is attacking them. What he wants to do is make sure that they have the proper information and documents in rront of them that they deserve to have. They are up there on their own fTee time. they are not getting paid to do the job. The Mayor has always said that we appreciate people volunteering their services to serve on boards. Attorney Hedesh asked if he wants a policy resolution for alternates. Councilman Semenza said yes. 9 Gloria Goodrich stated that for the Zoning Board and Planning Board, everything is in 10 days before the meeting If they want to pick it up, they can. That's by law that it has to be in. All of their folders are done 10 days before the meeting Councilman Semenza asked Gloria to meet with them one day to go over everything. At approximately 7:45 P.M., Mayor Sica was noted present. Mayor Sica -noted present FEBRUARY 29, 1996 AGENDA MEETING -Continued BUSINESS ADDED: New Business Mayor Sica said that there will be a new business opening in Carteret within the next week or two, a business that's never been in existence before and it will employ 30 people. It will employ people from Carteret and it is a good thing. He said that he is trying to get the Governor to come to Carteret to cut the ribbon on it. It is MIT Foods, which is now LSM. Councilman Semenza asked where they will locate. Mayor Sica said that they will be up at the old White Rose building in West Carteret. They take halibut or whatever it is, from Alaska, and process it into sea legs. It is a good business. DiNicola Appeal Councilman O'Brien asked about the letter that was given to the Council concerning the DiNicola appeal. Attorney Hedesh said that it will be discussed in closed session. RESOLUTION #96-66 RESOLUTION #96-66 was introduced by the Mayor and referred to the Council for action. Closed Session Upon MMS&C, by Councilmembers Semenza and Bialowarczuk RESOLUTION #96-66 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was adopted. Upon individual roll call, Councilmembers Bialowarczuk, Failace, Fazekas, Feingold, O'Brien and Semenza voted in the affirmative. The Clerk stated that the purpose of the closed session was to discuss personnel matters and litigation. Adjourned to Closed Session At approximately 7:48 P.M., a closed session was held. Open to Public At approximately 8:10 P.M., upon MMS&C, by Councilmembers Failace and O'Brien and unanimous affirmative vote of the full membership present, the meeting was opened to the public. Adjourned There being no further discussion, upon MMS&C, by Councilmembers Semenza and O'Brien and unanimous affirmative vote of the full membership present, the meeting adjourned at approximately 8:11 P.M. 10 submitted, KATHLEEN M. BARNEY, RMC Municipal Clerk