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Home My Public Portal About1996/03/14 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting March 21, 1996, was held on March 14, 1996,7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. The following were noted present: Mayor Peter 1. Sica Councilman James Failace " "Jack Fazekas " "William Feingold " "Sam Semenza Noted absent were Councilmembers Deborah Bialowarczuk and James O'Brien. Also noted absent was Borough Attorney Robert A. Hedesh. Mailed to The Home News and Tribune, The Star Ledger and posted on the bulletin board on March 8, 1996. \J!INUTES FOR APPROVAL: February IS & 27, 1996. BIDS: a) Sports Recreation Facility b) 1966 Chevrolet Suburban or equivalent TO ADDRESS GOVERNING BODY: a) Robert Group J Mr. Joseph Rizzolo introduced himself to the Governing Body, noting that he had previously spoken to Patrick DeBlasio He explained that they are affiliated with the Public Service Conservation Resources Corporation (PSCRC) which is owned by PSE&G. Robert Group has been in New Jersey for 50 years is a lighting fixture manufacturer. They bring energy conservation projects to customers to conserve energy and improve their lighting systems. "Bright Investment" was started about 3 years ago. They do an audit free of charge and present a proposal. Public Service picks up 45% of the cost of upgrading the existing light fixtures and is some cases, put a new light iixture in. They got started in the energy business about 10 years ago and formed a partnership with 3M Corporation to develop a product called silver lux. It's a silver reflector that is put into a standard office fixture and the lights are reduced from 4 lights to 2 lights without sacrificing lighL(inaudible). He told them that they put a couple of samples in the hallway for them to look at. They've done about a dozen municipalities He reviewed the spread sheets containing the analysis reports and annual bi11 savings It can be paid for outright or rìnanced through PSCRC at 7.9%. ¡fyou do some calculations of a 2 year period, with the money you save, you probably actually would be able to break even, no out of pocket expenses. The money that you're saving would pay for...(inaudible)...2 year period. Mr. Rizzolo explained the different projects they did. Mayor Sica said that he thinks that it is a great program. He knows of other companies that do it but they are not as intense as his company is because they design it and everything. MARCH 14, 1996 AGENDA MEETING March 14, 1996 ROLL CALL STATEMENT OF MEETING NOTICE MARCH 14, 1996 AGENDA MEETING -Continued Mayor Sica said that they can't make a decision today. He would like the Borough Engineer to look at it and make a recommendation. He said that he would not at this point, recommend that they finance it. Ifwe do it, we should pay our part of it outright. We can borrow the money for less than 7% so it wouldn't make sense to borrow from them. We can finance it through our capital improvement projects. He said that he notices proposals for the Health Board. Mr. Rizzolo said that originally he had the Library in there too. The Mayor said that the Health Board will be taken out. He thanked Mr. Rizzolo for the presentation and asked him how long it would take to be implemented, if we go with it. Mr. Rizzolo explained that another auditor would be sent in to finalize the numbers and then we'd have a second opportunity to look at it again. It would take about 3 months before the actual construction would start. Mayor Sica told Mr. Rizzolo that he would be hearing from them in a week. ORDINANCES: Public Hearing- 1. #96-6 Capital Improvement Ordinance, Appropriating $100,000.00 for Municipal Computer Systems. 2. #96-7 Designating Limited Parking - Lincoln Avenue. RESOLUTIONS: 1. Directing Issuance of Various Raffle Licenses. 2. Amendment to 1996 Temporary Budget. 3. Award of Bid - Pick Up Truck. 4. Award of Bid - Wheel Loader. 5. Award of Bid - Comminutor. 6. Change of Titles from Chauffeur to Omnibus Operators. 7. Authorizing Purchasing Agent to Advertise Auction for Miscellaneous Items. 8. Issuance of Various Amusement Game Distributor's Licenses. 9. Issuance of Various Amusement Game Device Licenses. 10. Issuance of Taxicab Owner's License - Orchid Taxi. 11. Issuance of Taxicab Driver's License - Mohamed Elbasyouny. 12. Approving Place-to-Place ABC Transfer - Hispanic Democratic Social Club. Mayor Sica said that he thinks that we finally got all of those problems ironed out. 13. Authorizing Treasurer to hold Tax Sale. 14. Authorizing Assessor to File County Tax Appeals. 15. Authorizing Bids - Yearly Sewer Maintenance for 1996. 2 Hispanic Club Councilman Failace said that they got a letter from the Police Department concerning the Hispanic Club. The Clerk said that Attorney Hedesh is going to give us an opinion on it. The Mayor said that if the State feels that they are violating anything, let them take their license. There have never been any charges against them. They have the tax certificate that was needed. The Clerk said that they have that tax certificate but it was another one that they needed. As it turns out, they don't need that one that was being requested. Mayor Sica said again that if the ABC doesn't want them to have a license then let them come and take it. He said that they wi11listen to what Attorney Hedesh has to say. REPORTS: 1. Clerk's Office - February 1996. 2. Inspection of Buildings - February 1996. 3. Board of Health - February 1996. 4. Fire - February 1996. 5. Treasurer - February 1996. APPLICATIONS: 1. St. Joseph's Church - Amend BL 1382A by adding dates. COMMUNICATIONS: J. Township of Edison - Resolution opposing Land Use Regulatory Reform Act. 2. Borough of Sayreville - Resolution requesting that communication towers be placed in same category as other private profit making propriety enterprises. 3. MC Board of Taxation - Resolution establishing 100% as the ratio of assessed to true value of real property to be used for the purpose of assessing taxable values to be used in levying taxes for 1996. MATTERS FOR DISCUSSION: I. John Scans, Esq. - Request for payment of balance, $1312.50 for Foster vs. Bland. Mayor Sica said that they have to wait for Attorney Hedesh to discuss this 2. Joseph Schiappa, Esq. - Requesting resolution for $5000.00 for Zoning Board and Planning Board Attorney Fees. Mayor Sica asked what this is about. ~ The Clerk said that she doesn't know. Gloria Goodrich asked her to put it on but there isn't any letter or anything. 3 The Mayor told the Clerk to ask Gloria for an explanation. 3. Patrick DeBlasio - need ordinance establishing recreation fees. The Mayor explained that we've been charging people recreation fees MARCH 14, 1996 AGENDA MEETING -Continued Hispanic Club MARCH 14, 1996 AGENDA MEETING -Continued all of these years. They're the fees that we set for basketball leagues, boys and girls. We've been charging all of this. There's the men's and ladies' softball, men's basketball, summer soccer program, fall soccer program, etc. We charge these fees and we don't have an ordinance doing it. We have to make an ordinance to do it. 4. Mayor's Appointment - Planning Board vacancy. The Mayor said that he wi11 fill the vacancy with Leo Calicchio. 5. American Int'l. Recovery - Requesting payment of 1992 claim, $5500.00 for Gonzalez. The Clerk said that it was a fall in the park. She asked if she should put a resolution on for the meeting. The Mayor said that he hates to do it but we have to. 6. Sgt. Magner - Carteret Post Office driveway. Mayor Sica explained that they want to put a driveway onto Cooke Avenue. It's crazy. He told the Clerk to put a resolution on for the meeting and to send a copy to the Post Office. We don't oppose anything else they want to do there. They want to do a lot of work there but we don't want that driveway coming out there. That would be a disaster. 7. Councilman Failace - Televising Council Meetings. Mayor Sica told him to get some quotes on this. Councilman Failace said that he spoke with someone from Comcast. Other municipalities do it for free. Mayor Sica said that it cost them money to do it because someone has got to get paid to come and do it, to sit there and run the camera. Councilman Failace said that maybe we can get someone to do that. Comcast would give us access for free, channel 32, on a Saturday afternoon. The Mayor said that we always had. Councilman Failace said to set up a whole spiel would be different. The you're talking money. Mayor Sica told him to look into if it's going to cost us anything and who is going to do it. First, we have to get a legal opinion on it. if we do it and we have just a volunteer doing this, and something is wrong with that tape when it gets there...say, the tape is edited and something else is put in there, are we going to be responsible for it. Are we going to have to insure against it? Suppose somebody puts in him cursing at someone and he really didn't curse at anybody that night? 4 Councilman Failace said that he will talk to Attorney Hedesh about it. BOROUGH ENGINEER'S REPORT - Mayor Sica gave the following report for Mr. Parmar. The sewer repair work in West Carteret has started. They are digging test wells and have put in some pipe up there. He's allowed them to park their equipment on the Mobil property that we purchased. We don't have anywhere in West Carteret for them to park or to stock the pipe and everything that they need. He said that we have a Borough Engineer and the way that we've been successful in saving money is, when we have a project like this, instead of hiring an engineering firm to oversee the project at 12%, \3% or 14%, we have our own engineer. We don't have an inspector. You've got to have an inspector there all of the time or we could have the same problem that we had on Blanchard Street, that they didn't do it right. Frank Santos is the guy that we've been hiring to oversee the 2 pump stations and all of the other sewer work that we've done. He's really good but we don't have any way of paying him. Mr. Parmar has talked to Shoreline but they won't put him on their payroll so that we could reimburse them. John Cilo wi11 do it. We're going to have to have an inspector there, that's for sure, because if they make the connections wrong or they don't do it right, we're going to eat it later on. Part of the Blanchard Street problem with LAD was that they didn't have an inspector there. They had T&M Engineering Company, who was awarded the contract, overseeing the construction. Councilman Semenza noted that Mr. Santos did a good job as the inspector on our pump stations and handling the projects. We had some problems down there and he took care of them. The Mayor said that the Borough Engineer can't be there all of the time, but you've got to have somebody there all of the time. You get 1 truckload of bad material come in and you put it in the hole, you Jose the pipe. Mayor Sica added that Mr. Parmar wants to have John Cilo hire Frank Santos to be the inspector but Frank Santos actually works for us, except through John Ci1o's payroll. This is the only way Patrick says we can do it at this point in time. It's not to exceed $30,000.00. Ifwe were to go out and hire an engineering firm at 1 million dollars, if they only charged us 10%, it's $100,000.00. This is how we've been successful in coming in with all of these jobs under contract, under the cost. He recommended that we put a resolution on authorizing Mr. Cilo to carry Mr. Santos on the payroll for as long as determined by us, for price not to exceed $30,000.00. He asked if anyone had a problem with this. 5 Councilman Semenza asked if he would be covered under their company for insurance. Mayor Sica said that he would be covered with everything. Councilman Failace asked if this is like a consulting fee. Mayor Sica said yes. He is a consulting inspector. He said that he would rather have an inspector that we know. We can easily give out an engineering contract to someone to oversee the construction of this MARCH 14, 1996 AGENDA MEETING -Continued Sewer Repair -West Carteret Frank Santos MARCH 14, 1996 AGENDA MEETING -Continued thing, but what for? We have Parmar. Councilman Fai1ace asked if one way or the other, we have to do this. Mayor Sica said that we legally don't have to have it but if we want another Blanchard Street fiasco, don't put an inspector that's beholden to us. Mayor Sica told the Clerk to put a resolution on for the meeting. BLANCHARD STREET- The Engineer, Angelo Valetutto has sent a report to Mr. Parmar on what we think was wrong on Blanchard Street. He said that he talked to Cardell today and he is going to send him a picture that really shows what is happening to that pipe and what actually happened to it. As soon as we get that, then we'll have to see from Mr. Hedesh, where we have to move legally to recoup that money and possibly get some money put in there to fix the rest of that pipe, because the rest ofit's going to go. TURNPIKE OVERPASS- Mayor Sica said that he had a meeting today with Mr. Parmar...it started last week, about fixing up the turnpike overpass in West Carteret. He said that he called Mr. Reiser, the County Engineer, yesterday and he has a meeting set up with him on March 19, 1996 at 9:00 A.M. to discuss redoing that bridge. SHOPPING MALL - The Mayor noted that things are moving pretty smoothly on that big shopping center. It looks like the last land holder up there, that we needed to complete the puzzle, the 124 acres in the back, is tentatively agreeing to sell the property to Bellemead, so that we can move the wood guy way back there. That's one of the last hurdles. The last hurdles will be done down in Trenton within the next couple of weeks, from what he understands. The DEP has already appointed a person to oversee the project itself and it's moving through the DEPE pretty good. The reason he wants to talk about the West Carteret overpass is because Bellemead is going to be paying for the major portion of it. In other words, in order to get that overpass fixed, we're going to have to put in some money. He said that he wi11 force the turnpike to put in some money. He said that he wants the county to participate with some money and Bellemead. Even though the majority of the traffic that's going to go into that thing wi11 come directly off the turnpike and directly in, there's sti11 going to be some traffic locally that is going to want to go in there. He said that the wi11 try to get Bellemead to put in a portion of it. We're estimating that to do the interchange on the Roosevelt Avenue part, is going to be somewhere about 2 1/2 to 3 million dollars. If everybody puts in a little bit and Bellemead puts in the most, we can get that done. 6 Industrial Road The Mayor said that, in addition to that, he wants to discuss with Mr. Reiser, the continuation of the Industrial Road from where it ends now on Middlesex Avenue, all the way through Port Reading. He said that he had a meeting with Jim McGreevey in Woodbridge and he's all for building that road. We're going to have to look into getting an engineering firm to do some preliminary sketching and some preliminary cost estimates for our portion of it. He wi11 try to get an estimate from a couple of engineering firms to do that for us. Then we wi11 interview and go down to Trenton and ask the State of New Jersey to allow us to use some of our enterprise zone money. That money should be specifically used to develop enterprise zone areas. We can't use any of our money in Woodbridge but we can use our money in Carteret to do design work and to do the construction of our end of it. Right now, we are sitting with an excess of 1/4 miUion dollars in the fund. In the first 7 months, we made a 1/4 mi11ion dollars. The fund is actually making for us $24,000.00 a month right now. Ifwe get this shopping center in, we're talking about a couple of hundred thousand dollars a month when the project is all finished. He is sure that they're going to look favorable on using some of our money to finish off our 2nd phase of out Industrial Road. As a matter of fact, he's talked to them already and they are eagerly awaiting it because that is really what that money is supposed to be used for, for developing industrial areas so that people can get jobs. Councilman Semenza asked how far the Industrial Road would go. Mayor Sica said that it would go all the way to the red light by the Post Office. Councilman Semenza said that it would be an advantage for Woodbridge. The Mayor agreed and said that they have 280 acres of land sitting there that is of no value to them. There are a couple of ways we can go. We can go to Carteret's border and then purchase a 50 foot right- of-way right out to Roosevelt Avenue behind the slaughter house and dump the traffic in Port Reading without having to worry about Woodbridge. That's not what we want to do. We don't want to be a bad neighbor. He said that his proposal was to build a 4 lane road. It would tale all of the truck traffic out of Port Reading. Councilman Semenza said that it also takes all of the traffic out of Chrome. The Mayor said that McGreevey has agreed 100% that he wi11 work with us on it and use whatever leverage is necessary in Trenton, by virtue of being a Senator. It's a win win situation. He said that in the next week or so he will ask the enterprise zone committee to meet, make the proposal to them, get their endorsement of it and go from there. Mayor Sica stated that the model for the library is done. The plans and specifications are probably about 99% completed. Within the next week to 2 weeks, give or take a little bit, we should be out for bids on that library and that complex. 7 At approximately 7:30 P.M., Borough Attorney Hedesh was noted present. Mayor Sica noted that as a result of the house to house inspections, they have found a lot of connections and it is reflected in our last quarters sewer bi1l from the MCUA. It went down to the degree that the MCUA sent us new estimated costs that we should plug into our budget, that we're going to have to pay them next year...(inaudible)...in excess of$125,000.00. MARCH 14, 1996 AGENDA MEETING -Continued Library Borough Attorney -noted present House Inspections MARCH 14, 1996 Agenda Meeting -Continued BUSINESS TO BE ADDED: Payment of Bi Us Councilman Failace said that he spoke with Patrick DeBlasio during the week and he mentioned to him that all of the bills are not being signed. He said that he would check on it and try to make sure they get signed. NEGOTIATIONS: Mayor Sica suggested that he, Councilman Failace, Councilman Semenza and Attorney Hedesh meet on Monday night. Councilman Failace said that he had set a meeting with the Finance Committee for 6:30 P.M. on Monday night Mayor Sica noted that then they will meet at 7:00 P.M. FOSTER VS. BOLAND: Attorney Hedesh said that this was when Foster charged everybody. This thing went to court about 4 or 5 times. Everybody ran up bills in addition to it. The Clerk said that we paid Attorney Albin. Attorney Hedesh said that he believes that Attorney Ippolito was paid also. Attorney Schantz is the last one. The court said that we couldn't go after a criminal offense, only a civil offense. What we probably could do is file an actual summons and complaint for malicious prosecution or something like that against Foster. The Mayor asked how Attorney Ippolito's bill compared to Attorney Schantz's bill. Attorney Hedesh explained that there were a bunch of cops. The Clerk said that she believes that Attorney Albin's bill was more than this one. Attorney Hedesh said that this case went on and on, from the last time he was the Borough Attorney. It started in 1994 and it just finished last year. Mayor Sica said that we passed a resolution hiring each one of these guys for $1000.00 and every one of them is coming in with a bill over $2000.00. The Mayor said okay and that we probably have no choice. 8 JOSEPH SCHIAPPA, ESQ. Mayor Sica said that Attorney Schiappa is requesting a resolution for $5000.00 for Zoning Board and Planning Board attorney fees. Attorney Hedesh said that he does not know what this is about. The Clerk said that there is no letter but that she will get something on it. DETECTIVES - Councilman Semenza said that he still feels that there is a need for more detectives at night. He asked if there was any possibility of having this. Mayor Sica said that he already talked to the Chief and he is reviewing it. He is pretty sure that we're going to do that. ZONING BOARD ALTERNATES- Attorney Hedesh asked Councilman Semenza of he still wanted the resolution for Zoning Board alternates. Councilman Semenza said yes. Attorney Hedesh said that he will give him a draft copy to review. HISPANIC CLUB- Attorney Hedesh asked if they were putting on the place-to-place transfer. Mayor Sica said yes. ZONING BOARD APPOINTMENT - 1 Attorney Hedesh said that they have his opinion on that. He finds nothing that precludes it. He read 40:55D, the Municipal Land Use Act and under Zoning Board they have elective office or position. Under Planning Board they have elective office and employment. The question is whether a laborer is...(inaudible)..appointment. He has to assume that the legislature did what they intended to do when they put employment in one section and not in the other. The only controlling case that is out there was in the paper today, in Hoboken. He said that he finds no statutory or case law that says the person can't sit. The paper has alluded today, that the Attorney General is going to look into it. If the Attorney General issues an opinion, that it's improper, that is not legal. The AG can issue an opinion the same as he can but it's not worth the paper it's written on. The Attorney General can't supersede the statute or the courts unless he goes to the legislature and says they need an amendment. He finds no statutory or case law that says that he can't sit, so consequently he can't tell them that it is an improper appointment. 9 TELEVISING COUNCIL MEETINGS - Councilman Failace said that he has brought up televising Council Meetings and the Mayor had told him to get a legal opinion as far as if we bring a tape to them, we tape it, bring it to them and somebody edits the tape or does something to it. What's our liability? Attorney Hedesh asked if he means that a private person would tape MARCH 14, 1996 AGENDA MEETING -Continued MARCH 14, 1996 AGENDA MEETING -Continued it. Councilman Failace said that we could have someone tape it and that's how we can do it for free. Then Comcast would put it on. Attorney Hedesh asked if we would represent to them that this is the official tape. Councilman Failace said yes. Attorney Hedesh asked if the person that is going to tape it would be taping it on behalf of the Borough. Councilman Failace said exactly. Attorney Hedesh explained that if the Borough os going to designate someone to do so, then they would have to be sure that the tape is handled in the proper manner and it is so not edited. Councilman Failace asked if we would have to review it first. Attorney Hedesh said that the right way to do it would be to have the employee or someone that is so designated by the Borough officially to do it and then that tape goes there and it's certified by the Clerk as being the official record. That doesn't mean that the Clerk has to review it. She certifies the number of documents as being official records from the Police Department, etc. but the point remains that, that person is going to be responsible. If we designate an employee to do it, that employee hands it to her and she designates it as the official record. Now, if in fact, it's ever edited, we could write whatever language but then we would takevhatever language necessary. If someone else is going to do it and just hand it over, then that is between them and the cable television company who might very well have something to say if someone is going to edit tapes and decide ifit's going to be selective on taping too. That's why whenever you see Council Meetings being taped, they're always done by the television people. , Mayor Sica said that we could have a serious problem. The Mayor asked for a motion to go into closed session. Attorney Hedesh said that the closed session is for personnel matters, legal and potential negotiations. RESOLUTION #96-79 RESOLUTION #96-79 was introduced by the Mayor and referred to the Council for action. Closed Session Upon MMS&C, by Councilmembers Semenza and Failace RESOLUTION #96-79 "RESOLUTION TO GO INTO CLOSED SESSION" 10 Adopted was adopted. Upon individual roll call, Councilmembers Failace, Fazekas, Feingold and Semenza voted in the affirmative. Councilmembers Bialowarczuk and O'Brien were noted absent. Adjourned to Closed Session At approximately 7:45 P.M, a closed session was held. At approximately 8:19 P.M., upon MMS&C, by Councilmembers F ailace and O'Brien and unanimous affirmative vote of the four (4) members present, the meeting was opened to the public. There being no further discussion, upon MMS&C, by Councilmembers Failace and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present, the meeting adjourned at approximately 8:20 P.M Respectfully submitted, ~<~'&¿A/ KATHLEEN M. BARNEY, .g.ré Municipal Clerk ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- 11 ------------------------------------ ------------------- MARCH 14, 1996 AGENDA MEETING -Continued Open to Public Adjourned -...... -. ~-