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HomeMy Public PortalAbout1996/05/09 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting, May 16, 1996, was held on Thursday, May 9, 1996, 7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. The following were noted present: Councilmember Deborah Bialowarczuk "" James Failace "" Jack Fazekas "" William Feingold Noted absent was Councilman James O'Brien. 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 May 3, 1996. MINUTES FOR APPROVAL: April 18, 1996. NOMINATION: Council Seat. TO ADDRESS GOVERNING BODY: a) Harold Ferguson b) Borough Engineer c) James Brewer/ Karen Fadem d) Ron Simon HAROLD FERGUSON - Mr. Ferguson said that he would like to speak about the deferred compensation plans. They've had 2 group meetings, April 17th and April 18, 1996. On April 25, 1996 the interest surveys were given out. Each employee was asked to indicate their preference. There were 86 returned, which is very good. Of the 86, 70 said they wanted the deferred compensation plan. Of the 70 that said yes, 53 or 75% said that they preferred to have both plans presented to them so they would have an option of choosing either PEBSCO or V ALIC. It is up to the Mayor and Council to pass the resolutions for PEBSCO and V ALIC. He told the Borough Attorney that each one of these companies has presented a plan which is very detailed and should be read to make sure that we understand what we're getting into. It's a legal document and it should be approved. Both of the documents have to be approved by the Mayor and Council, otherwise they get stopped. Once they get the resolutions, they will then send them to the Division of Local Government Services, which is part of the Department of Community Affairs. Once they get the approval from the Department of Community Affairs, he will then work with these 2 groups and set up individual meetings with the department heads. By law, they will not and cannot proceed any further until the Mayor and Council pass the resolution and also the plan description. Mayor Sica asked for a motion to put the resolutions on for V ALIC and PEBSCO. MAY 9, 1996 AGENDA MEETlNG May 9, 1996 ROLL CALL STATEMENT OF MEETlNG NOTlCE MAY 9, 1996 AGENDA MEETlNG -Continued Borough Attorney Hedesh asked Mr. Ferguson of the plan description was that big stack of papers he gave him yesterday. Mr. Ferguson said that was the plan description for V ALIC. He gave him the plan description for PEBSCO last week. He said that he also gave him 2 separate resolutions. The resolutions have already been passed by the Division [Local Government Services] for other companies. All they did was take that same resolution. BOROUGH ENGINEER - Mr. Parmar gave the following report: West Carteret -The sewer repair work in West Carteret is in progress. Most of the road openings are now paved. The progress is about 45%. Federal Boulevard -The survey work for the road improvements ofF ederal Boulevard is completed. Specifications are under preparation. Sewer Maintenance -Specifications for yearly sewer maintenance work are prepared and over to the Purchasing Agent for bid advertisement. Borough Hall Parking Lot - The paving work on the Borough Hall parking area could not be awarded by requisition, as this would exceed the limit of the amount of the work given to one contractor without bids. As such, bids will have to be invited, so a resolution authorizing the Purchasing Agent to advertise the bids, is required. Mayor Sica directed the Borough Engineer to call Mr. Reiser from the County Engineering Department to see if they will pave it for us, like they did in the park. We saved a lot of money. If they'll pave it for us, we don't have to bid anything. All we have to do, is pay for the asphalt and the labor from them. they are going to be in town paving Roosevelt Avenue. He told Mr. Parmar to ask them when they pave Roosevelt Avenue, to pave the parking lot. We'll save a lot of money. Sports Facility -Site & Lighting Sports Facility contractors submitted an alternative to G.E. brand spot lighting due to the long lead supply time by G.E. On checking with respect to the light distribution, it is found that four more spot lights will be needed to produce the same type oflighting on the field. The contractor has agreed but he has asked him to give, in writing, that this will be done without an additional cost to the Borough because he is proposing an alternative. Why should we pay more? The manufacturer is being asked to submit a revised layout of the lights so when the lighting men are there, they are sure that the same candle power is to be given. Mayor Sica noted that they moved the poles. Today, they moved the wire. Hopefully, they'll move the lights and pull the old poles out. Once that is done, we can finish grading the field and then it's ready for sod and seed. We're kind of stuck until such time as we get the old poles out of the way. We're making the field big enough for everything that we have to do. 2 Montecalvo - A meeting was requested by contractor Montecalvo, to settle his claim out of court. A discussion was held in the Mayor's Office ON May 8, 1996. The Borough's position was explained to the contractor in detail and his final decision is still awaited. Mayor Sica explained that we did some work in West Carteret, where that railroad bridge was on Federal Boulevard, to change the sewers. We had some problems with the sewers. Montecalvo was the successful bidder and 2 catch basins broke, that he put in. He said that he thinks it was a combination of2 things, poor workmanship and when the guy took the bridge down, he may have done some damage to it. He thinks the bulk of the problem was the poor workmanship. We went up there, opened it up, took pictures and we have everything documented, including how much it cost us to do it and how much was eaten up because of this lawsuit. There is about $2000.00 remaining that is owed to Mr. Montecalvo aside from what the cost of the repair was. He said that he told Mr. Montecalvo that between the money it cost to fix the catch basins, the lawyer's fees and the inspection fees, it comes up to about $12,000.00. We owed him about $14,000.00, so there is $2000.00 remaining. Borough Attorney Hedesh said that actually, it is $3500.00. The Mayor said that is because he is claiming lost time and everything and he doesn't have a chance with that. He told Mr. Montecalvo to come back to him with some kind of a reasonable settlement on the disputed money, not the crazy things he put in, and he will bring it to the Council. In other words, he is saying that he wants $14,000.00. He told him to come back with a reasonable offer and perhaps we'll eat some of it because we really can't tell if all of the problem with the catch basin was just poor workmanship. We can tell strong enough that most of it was poor workmanship. He's going to get back to us. Attorney Hedesh said that we have a problem with that. He filed a claim and is represented by counsel. We have an ethical problem here. Attorney Hedesh told the Mayor that if he wants to meet with him... Mayor Sica added that it is Montecalvo's problem with his attorney. Attorney Hedesh disagreed. He said that he can't direct the board of directors of a corporation to meet with Montecalvo...(inaudible). Mayor Sica noted that nobody has asked him to do that. What he is saying is, ifhe comes back with a reasonable thing, it'll be brought to the Council and maybe we can settle this thing without lawyers eating up more money. Attorney Hedesh stated that he hasn't put in a resolution for Montecalvo yet because they took it from Triarsi last year when he asked for 17. 1Mayor Sica said that Attorney Triarsi didn't do anything for us and he billed us $4300.00. 3 Attorney Hedesh noted that there was more money spent on counsel. That's why they should have a summary conference to try to get it settled. Mayor Sica said that by the time he gets this thing settled, he'll be paying more money for his lawyer than the whole thing is worth. He said that he is not adverse to hearing him. Attorney Hedesh told the Mayor that if he wants to meet with him, it MAY 9, 1S'S·6 MAY 9, 1996 AGENDA MEETlNG -Continued is okay, but he can't. Mayor Sica said that he is not asking him to. He is trying to save the City some money. Sports Facility -The Sports Building contractors, Abbott Contracting Co. has agreed to give a credit of $22,800.00 for changing the rooffrom a standard seam metal roofto a 40 year Owens Corning dimensional roof shingle, green color roof Also, a credit of $2,900.00 has been agreed to for dropping vertical rebars for the split face block (natural gray) without any structural difference. Mayor Sica eXplained that he got Abbott in here to look at that standing seam roof He asked for the best roof we can get shingle wise. We can get a 40 year guarantee. That will save us $22,800.00. They discussed the vertical rebar that is put in the walls. It's not necessary as long as we are putting in pile...(inaudible)...under each one of the support beams that are going to go across. There's no structural integrity or it doesn't help the building at all. Ifwe eliminate that too, that's another $2,900.00 savings. As far as the shrubs go, none of that is taken out because we are not at that point yet. He will be awarded the contract to start this thing, then when it comes time to do sidewalks and curbs, if there's enough of work out there or no work out there, the contractors are going to be hungry, we'll look at his square footage or lineal footage for each one ofthem and then get quotes. Ifwe can get it done cheaper then we'll do it that way. As far as the shrubs go, that's definite that we will put the shrubs in. Councilman Failace asked if someone else can do the concrete if it is already in the contract. Mayor Sica said sure. We can negotiate with him. He's willing to negotiate. He is more than happy to accommodate what we've done already. Attorney Hedesh said that he would like to look at it because we may have to do a modification resolution. Before the contract is awarded, the Council...(inaudible). The Mayor added that he will not award a contract until he gets everything ready. We've got Paulis that is going to put in the foundation but he's not making any concrete yet. -The Sports Site contractor has submitted sod from Pine Island Turf Nursery, Inc. with a different blending of blue grass. It is being reviewed The Mayor noted that there are 10 different kinds of sod. Weare asking for specifications of where the grass is recommended in what area. We don't want him buying a cheaper sod that won't stay here. 4 Magruder Color -A meeting was held today with Magruder Color to discuss a few problems we face. They agreed to submit their program to resolve these. Until then, we have reserved our right about their new MCUA permit with increased flow. The problem we had is that they connected our line directly...(inaudible). They have got a permit for an average day's flow. There is no...(inaudible)...in that. He suggested that...(inaudible)...because their surface water is also winding up in our sewer, so they pay for that because there is a flow meter. When that comes up...(inaudible)...our lines are getting surcharged because...(inaudible)...the color is winding up in the pump station and we have to clean that. He called them and told them that they have to do something. They will have some holding tanks so that the peak flow is never more than what the pump station can handle or it should not hurt any of our other...(inaudible)...systems. They agreed to that. The Mayor explained that they have a permit to pump x-amount of gallons flow a day. Over a 24 hour period, if you let it go over a 24 hour period, it's not a problem. If you decided that you want to pump all of your sewage in 5 hours, it overworks our pump station and it causes a backup in there. What we're telling them is that we're not opposed to the flow they're putting through because they're going to pay for that anyway. They just can't jam the line with their sewage. If there's other people on that line and they're going to do some damage to our pump station, we will hold them responsible because of their inability to control the flow in an orderly fashion. What Mr. Parmar is suggesting to them is to put a holding tank in. When you fill your holding tank up, you just let it come out slow. You don't just jam it all down the sewers. Mr. Parmar said that they were asked to put in a flow meter to record the actual peak period, what is the peak flow at that particular moment. The Mayor added that we want to know that they jammed it up for these hours and that they are going to pay the consequences. -Near 27 Pinho Avenue, a pipe section near a double catch basin has collapsed resulting in a dangerous hole. Cardell is being contacted to attend to this as per their contract. Alternatively, because it is dangerous, Marvec will also be utilized if it is required as an additional work. Attorney Hedesh said that Cardell has a bid and they have to be called. Mayor Sica said that they did. If we call Cardell and he refuses or doesn't respond, we can't let that hole sit there because somebody's going to get hurt. Then we can get Marvec to do it on an emergency. Attorney Hedesh said that if Cardell refuses, he wants to be notified so that he can pout him on notice that he is in violation of his bid and that we contacted Marvec. He added that the thinks that the bid for Cardell has expired. 5 Mayor Sica said that it is, that's why we are going out for new ones. He said that Mr. Parmar has a legitimate beef with them because they came in and did the work and Mr. Parmar paid them. The guy came back a year and a half later and said that he did more work than he told him he did. Mr. Parmar said that he didn't want to hear that. Attorney Hedesh said that there was a clause in there for change. Mayor Sica said that we don't want anybody to do something and not get paid. He said that they were told to have their supervisor, Al Biel and Mr. Parmar to go out there and physically show them the extra they think they did and if it's legitimate, then the adjustments would be MAY 9, 1996 AGENDA MEETING -Continued Pinho Avenue Catch Basin MAY 9, 1996 AGENDA MEETlNG -Continued made accordingly. Again, when you open a sewer, you don't know what you've got in there. They were supposed to come the next day and they didn't show up. If it's not documented, they're not getting a penny. JAMES BREWER, KAREN F ADEM - Attorney Hedesh said that this is a closed session matter. RON SIMON - The Clerk said that he will give a presentation at the end of the meeting. ORDINANCES: First Reading- 1. Granting Tax Exemption for V. Paulius Associates, Re: New Building. 2. Incorporating New Boundary Zones for Urban Enterprise Zone (per Bellmead's Request). Mayor Sica noted that he called Victor Paulius and he is amiable to the program that he set out. He told him, in no uncertain terms, that if we give them this incentive that the job has to start within 30 days and he has to pay the full permit price within the prescribed time. He has no problem with it. If you look at the tax incentives that we gave White Rose and DB Brown, at the end of their tax incentive, they will have paid 3.1 million dollars in taxes, even with the incentives. Mayor Sica explained that when we first made the UEZ zone, we left some parts of the landfill out because he felt that the rule of thumb is that you can't have more than 25% of your community in the enterprise wne. In order to stay within these boundaries, we left the parts of the enterprise zone that they're going to use for parking out of the enterprise zone. Now that Bellemead is doing some survey work, they figure that they're going to need all of that land so they wanted to put the rest of it into the enterprise zone. He went to Trenton about 2 1/2 months ago and came back and reported that they agreed to put it all in. Now, in order to do it legally, we have to add that in on an ordinance not a resolution, to make it binding. Councilman Failace asked if we have to take something away from somewhere else. The Mayor said no. As a matter offact, we have been successful in getting 33% ofCarteret in the UEZ. That's the first time it's gone that high. The reason for that was that they felt that we did such a great job the first year, attracting new industries and jobs in Carteret that we deserved it. We are not taking anything away from anybody else. We are just adding more land to it. We have to do legal metes and bounds on that particular part that we re-entered into it. 6 Councilman Failace asked if we are at the max now. Mayor Sica said unless we can make some land or take some of Woodbridge's property. MAY 9, lS96 ORDINANCES: Public Hearing- AGENDA MEETlNG -Contim:ed. 1. #96-11 Amending Code, Section 160 - Land Development, Re: Minimum Escrow Fees. The Clerk said that Attorney Schiappa said that the ordinance has to be changed. Attorney Hedesh said that he will talk to him but he thinks that Attorney Schiappa is not reading the whole ordinance. Mayor Sica questioned if you take the $400.00 per lot attorney's fee, what he is doing for the other money we give him. Attorney Hedesh said that he is not getting any more money. The Mayor affirmed that he will not get any money for attending meetings or anything. Attorney Hedesh said no, he gets this per application. He said that he will talk to Attorney Schiappa. 2. #96-12 Establishing Fee for Space on Carteret Internet Page. The Clerk said that the ordinance reads $5.00 but it has to be changed to $5.00 per month. The Mayor said to change it. Attorney Hedesh said that it is not a big change. RESOLUTIONS: 1. Directing Issuance of Various Raffie Licenses. 2. Amendment to 1996 Temporary Budget. 3. Award of Bid - 1996 Suburban. The Clerk asked if this bid should be awarded because there was only one bid. Councilman Failace asked if it would be to our benefit to re-bid this. Mayor Sica said that we should bid it again because that number is high. The Clerk said that she will do a resolution authorizing it to be re-bid. 7 4. Authorizing Bids for Resurfacing Borough Hall Parking Lot & Aprons. Mayor Sica said that if we can get the county to do it, it'll cost about $4000.00 or $5000.00 instead of$10,000.00. 5. Determining Amount to be Raised by Taxation for 1996-1997 School Purposes. MAY 9, 1996 AGENDA MEETlNG -Continued The Clerk said that there is a meeting set up for Monday night. Mayor Sica noted that he did not get the information he requested today Councilman Failace said that he talked to Joe Torre and he said that he will have it tomorrow. He asked for a copy also Mayor Sica said that he didn't like Janet Santoro's statement in the newspaper today. We went there with one thought in mind, that there's some fat in that budget and they've shown them that there is some fat in the budget. If they were going to use that for raises they should clearly indicate that. He said that he doesn't take that threat in today's paper lightly. She said that if the Governing Body takes one penny out of it, they'll eliminate courtesy busing. When Mrs. Santoro feels that the safety of the kids in Carteret is secondary to the raises for the teachers, then there's something wrong with Mrs. Santoro and she should step down from the Board of Education. Her paramount concern should be the kids, not the teachers. The Mayor said that he can show her where there's more than enough money in there to keep the courtesy busing, to improve the schools and to put the teachers in line with the public's ability to pay. To use the kids as a pawn is a disgrace by Mrs. Santoro. REPORTS: 1. Clerk's Office - April 1996. 2. Inspection of Buildings - April 1996. 3. Treasurer - April 1996. 4. Welfare - April 1996. APPLICATIONS 1. ABC Licenses - 1996/1997 Renewals. MATTERS FOR DISCUSSION - 1. David Fox, Esq. - FMBA. Mayor Sica said that this is for closed session. 2. Vic Kazio - Mechanic position. Mayor Sica said that this is for closed session. 3. Richard Greenberg - Personnel matter. Mayor Sica said that this is for closed session. 4. NJ Department of Personnel- Titles of Communications Operators must be changed to Public Safety Telecommunicators for permanent and provisional employees. 8 The Clerk said that we have to do a salary ordinance and a resolution changing the titles. Mayor Sica said that this is ridiculous. They tell us to use one title and they decide to change it. He said that we should wait for Governor Whitman to sign the bill for state mandate - state pay. Attorney Hedesh suggested that we make this change so that they do not freeze our payroll. 5. Gabe Spanga, Inc - Requesting refund of$lOO.OO from excavation account. Previously refunded $2200.00 for sewer tie-in fee. Paid $2300.00 and it was their understanding that full amount would be refunded. Mayor Sica said that we kept $100.00 for the paperwork. Attorney Hedesh agreed. The Mayor told Attorney Hedesh to send a letter saying that they made the mistake and paid the money and we have to now go through the paperwork and everything else and the $100.00 is the fee... Attorney Hedesh said that he will send a letter. 6. Abbott Contracting Co. - Sports Recreation Facility Changes. The Clerk said that this was already discussed. BUSINESS TO BE ADDED: Councilman Failace said that he got a call from someone on Hagaman Street that said he has no curb The Mayor said that he got the same call. The curb belongs to the homeowner. RESOLUTION #96-13 5 was introduced and referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Fazekas RESOLUTION #96-135 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Fazekas and Feingold voted in the affirmative. Councilman O'Brien was noted absent. At approximately 7:40 P.M., a closed session was held. 9 At approximately 8:08 P.M., upon MMS&C, by Councilmembers Failace and Feingold and unanimous affirmative vote of the three (3) members present, the meeting was opened to the public. At approximately 8:10 P.M., Municipal Clerk Kathleen M. Barney was noted absent. MAY 9, 1996 AGENDA I.\CETING -Continued Curb - Hagaman St. RESOLUTlON #96-135 Closed Session Adopted ADJOURNED TO CLOSED SESSlON OPEN SESSlON Municipal Clerk -Noted Absent MAY 9, 1996 AGENDA MEETlNG -Continued RON SIMON - Mr. Simon spoke and showed a video tape concerning emergency management. ADJOURNED The meeting adjourned at approximately 8:40 P.M. Respectfully submitted, ~~~~~ ~iNM.BARNEY,~ Municipal Clerk ---------------------------------------------------------- ---------------------------------------------------------- ---------------------------------------------------------- ---------------------------------------------------------- 10