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HomeMy Public PortalAbout1996/09/12 SEPTE}1BER 12, 1996 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting September 19,1996, was held on September 12, 1996, 7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. AGENDA ME~AING September 12, 1996 The following were noted present: PRESENT Mayor Peter 1. Sica Councilmember Bialowarczuk " Failace " O'Brien " Vesey Noted absent were Councilmembers Fazekas, Feingold and Borough Attomey Robert A. Hedesh. Mailed to The Home News & Tribune, The Star Ledger and posted on the bulletin board on September 6, 1996. STATEMENT OF ~1EETING NanCE a) Borough Engineer - The Mayor said Mr. Parmar was not present and he asked if everyone had a copy 0" .he report and if they wanted him to explain it to them. TO ADDRESS GOVERNING BODY The Council answered no to .his. b) Jaf"~s Brewer - Mayor Sica said this ~~£ t;:; gu into Executive Session because it is a Personnel Matter. RESOLUTION #96-257 was introduced by the Mayor and referred to the Council for action. RESOLUTION #96-257 Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-257 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, O'Brien and Vesey voted in the affirmative. Councilmembers Fazekas and Feingold were noted absent. Adopted 1 J SEPTEMBER :2, 1996 ADJOURNED TO CUJSED SESSION OPEN SESSION RESOLUTIONS At approximately 7:04 p.m. a Closed Session was held At approximately 7:50 P.M., upon MMS&C, by Councilmembers Fai1ace and Bialowarczuk and unanimous affirmative vote of the five (5) Councilmembers present, this meeting was opened to the public. Directing Issuance of Various Raffle Licenses. Authorizing Urban Enterprise Office to submit proposal for $100,000.00 in Zone Assistance Funds for Loan Pool program. Authorizing Secretary of Carteret Economic Development Corp. to submit project proposal to UEZ for review and proposal. Councilmember Failace asked if we set up interest and all that stuff.. . ... Mayor Sica said yes. He said what we have done is interviewed committee, interviewed the cheapest guy there. If he just thought we were paying $18,000.00 for somebody to set a phone line..... that is not what the guy is going to do . :What he is going to do, as he explained to the committee, is he is going to now, with a program available through EDA, match that money and we can give that money out too. We can make it $200,000.00. He also intends to solicit the various banks in the area to also put maximum money into the UEZ Fund. So if you really listen to it's like a rollover of the money. After the money or any portion of it is paid back they don't even have to go back to the UEZ people to continue to lend out the money because it is a rollover ofthe money. That is why this guy is going to solicit members of the various banks and corporations in Carteret to also put money into this fund and they then sit on an Advisory Financial Board that advises the local board, they are financial people, that this would be a good investment to lend money to this or that guy. He said this is the buy that we interviewed and this is what they are telling Trenton that they want to do and basically we have already gotten favorable responses back that this is the way to do it. He does it now in Elizabeth and Irvington and he is the cheapest. Councilmember Vesey said he thought we got a bargain at $18,000.00. The cheapest one before that was $55,000.00. Councilmember Failace asked if when they said Project Proposal is that what they were talking about. Mayor Sica said we already got one and that is not even this guy, it is another guy that wants to borrow $100,0000. 2 .J L Mayor Sica said he wants to put up a plant over here (fourteen acres, the old Mobile Track) on the other side where we are going to put the Library. He wants to put a showroom up there for selling heavy equipment. He is subdividing the piece he is buying in three (3) sections. He wants to borrow $100,000.00 fTom the city for two (2) years at an interest rate. Weare going to assist him through this guy to get the money through EDA with us putting in a portion of it and also MUA. He said this guy has his act together. ABC Transfer - Discount Liquors to Atmiya Inc. Approving A. B. C. License Renewal 1996/1997 - Sail Inn. Attorney Hedesh said their license has been seized. She can't make an application because there is no existing license. He said before we do anything with that lets (inaudible) the state. Mayor Sica said we have to check that out first. He told the Clerk not to do anything with that. The Clerk said she would hold it. Mayor Sica said the Federal GovemIDent came and took it. They will have the same problem they had with the Hill Bowl. He asked how could they renew the license if it is going to be auctioned. He said to turn it over to Attorney Hedesh and let him look into it. Attorney Hedesh said he would call the ABC and find out. They may want to renew it so they could auction. The Clerk said that is what it is. Board of Health - June, July & August 1996. Inspection of Buildings - August 1996. Treasurer - August 1996 Welfare - August 1996. Tower Trailer Park - 1996/1997 License Renewal. ABC Transfer - Tiku, Inc. to Rite Aid of New Jersey, Inc. Oasis Transfer - Letter fTom Spoganetz. Joseph Schiappa, Esq. - a) Requesting authorization to waive variance app1it:ation fees. 127-129 Markowitz Street. Mayor Sica said to put it on. '< SEPID1BER 12, !l..996 RESOLUTIONS CONTINUED REPORTS APPLICATIONS MATTERS FOR DISCUSSION SEPTEMBER 12, 1996 MATTh'RS FOR DISCUSSION CONTINUED Signs b)Requesting Professional Service Resolution $3500.00 - Re: United Bulk Carriers, Inc. vs. Zoning Board. Attorney Hedesh said he messed up. He said he forgot he was the attorney and he sent a letter to Cholowski asking to make an appearance on our behalf. Mayor Sica said there is no way they are putting any signs up there. He said he thinks we should request fTom the State of New Jersey and he said he is going to ask someone to put a resolution on, investigating who owns all the signs that are being put up on the Turnpike right now. He said if the Turnpike owns the land that the signs are on, they don't pay any taxes to the city of Carteret . Councilmember Vesey said they denied them this a couple of years ago. Mayor Sica said he knew but he is talking about the rest of it. He said the Turnpike puts these signs up or is allowing them to put them up. They don't pay any taxes in the city of Carteret but they deriving money fTom a business. If the railroad allows them to put these big signs up, they are getting rent for that land. They are not paying any taxes for the State of New Jersey or for the cities that they are in, so they should ask for the State Attorney General to investigate how all these signs get put up along the Turnpike or railroad and never does any town receive any benefits and who is the owner of the signs. He commented that some people will be really surprised. Councilmember Failace said his problem is what is their case against it. He asked if the city was against it. Attorney Hedesh said they evidently got turned down by the Zoning Board and they are filing a prerogative rit saying that the Zoning Board are arbitrary and capricious. That is their method of appeal. Councilmember Failace asked what if they don't want these signs in our town. Attorney Hedesh said you may not want Catholic Churches around town but that doesn't mean that you could address an ordinance that says it is. Mayor Sica said he wants him to draw up a Resolution for investigation for the State of New Jersey as to what gives the Turnpike or the railroad the right to allow these signs to be erected along the........ Attorney Hedesh told him because they can obtain revenue. Mayor Sica said they are not paying any taxes to us. ~ 1 1 1 SEPTEl1BER 12, 1996 Attorney Hedesh said technically they are not paying taxes on tolls either ~1ATTERS FOR DISCUSSION CONTINUED Mayor Sica said that was another story. The enactment that made the Turnpike or the railroad an entity is one thing. It didn't make the Turnpike or the Railroad a landlord. It made them a Turnpike or a Railroad Authority. Never did it make them a landlord. There is no law in the State of New Jersey that indicates that they are a landlord and can lease and rent out space for signs. Signs Continued Attorney Hedesh asked what the difference is between that and renting out the rest stop to (inaudible). Mayor Sica said that mall has a benefit to the people that are traveling along the Turnpike because you can go in and get gasoline, lunch and sit down and rest a minute. These signs are only to derive profit to the Turnpike and nothing to the city. That is just like saying that the Turnpike is an Autonomous Body and they could put the nuclear reactor in there because they want to rent the land out to the nuclear reactor. He is telling him that he wants a resolution asking for an investigation as to what gave him the right and who are the owners of record of sites because when that comes out you are going to see people running for the woods. Councilmember Fai1ace asked him if he could go after him to get this $3500.00. Mayor Sica said they are going to go for a Frivolous Lawsuit. Attorney Hedesh told Councilmember Failace that he don't know the answer to that. He said come September 1st, the world is a whole different place and everybody is thinking seriously about this. He said the court rules have changed. September 1st no one is being fined sanctioned here. Mayor Sica said they have to hire Attorney Schiappa but he still wants that resolution on asking for someone who is investigating the (inaudible) Attorney General of what kind of political pressure was put on people to put those signs up. c)Requesting resolution listing certificates of Tax Sale for Re- Foreclosure. Certificates DSG. Ron Bennett - Requesting Payment for college credits. This will be discussed in a Closed Session. College Credits Pat Holden - a)Requesting to hire a Clerk Typist for Community Development/UEZ. Mayor Sica said to put her on. b )Letter thanking CRP Industries for support of recent blood drive. This was okay. Clerk Typist Conrnunity Developnent UEZ 5 SEPTEMBER 12. 1996 Rnlph Dr Francesco Patt'ic~< De Blasia Tower Trailer Park Carteret Board of Education Ralph DeFrancesco - Requesting ordinance amending Fire Subcode Fees. Attorney Hedesh said this is that they are cutting the fee. He wants to lower the fee for construction companies that are working on these tanks. Mayor Sica said we are not going to lower it. Patrick DeBlasio - a) Requesting professional service resolution for Attorney Hedesh., Re: Foreclosures on Municipal Tax Sale Certificates. Mayor Sica said okay. b )Requesting resolution listing properties scheduled for foreclosure. Mayor Sica said okay. Tower Trailer Park - 1995/1996 Renewal was previously put on hold. Mayor Sica said they will not give them a renewal until the roads are straightened out and he conforms with all the building specifications. Carteret Board of Education - Requesting two (2) permanent handicapped parking spaces on Virginia Avenue next to Minue School. Mayor Sica said he had gotten a couple of very serious complaints in the last week about Columbus School and the parking on Carteret Avenue. He said they can't continue to allow the teachers to park on both sides of the street and the center. He thinks we should pass an ordinance making those center isles not parking Monday thru Friday. He said Saturday and Sunday would be a different story because the church is there and there is no school. He said they should make it from Roosevelt Avenue to Atlantic Street on the center isles fTom 7:00 a.m. until 4:00 p.m. and a half hour parking fTom Atlantic Street to Pershing Avenue because you can't stop them fTom going to a funeral. Attorney Hedesh said there is no parking on half of those isles because of the buses. Mayor Sica said at Lincoln School they want to make no parking at the center isle section from Fillmore and two (2) blocks in back of Fillmore. Attorney Hedesh said he got a copy of the letter from Mr Jankowski about this new demolition situation you saw in the paper. He said he got the paper, he got the letter and the lawyer walked into his office. The only thing he didn't take a position on is what the Council's position is. He said there was a paragraph in his letter that he tried to contact him numerous times and he commented that it never happened. He said he hasn't been in court for two (2) weeks. He has been in his office and he has never tried to contact him. Mayor Sica said in all the time he has done demolition work he has never seen a job run like that job. He talked unfavorably about the work that has been done. He told Mr. Jankowski, who had called him, to go back to the Board of Education for the responsibility because there was no way that he or the City Council would intercede on his behalf when there is a health and safety issue at risk. 6 J Mayor Sica said if any of the Council wanted to talk to Ralph DeFrancesco they can feel fTee to do it but he will not. He said if he makes his determination that it is not safe we cannot override that. If someone gets killed they could be liable. L Reinhardt & Schachter, P.c. - Requesting documents, Re: DC Nagy. Attorney Hedesh said this will be discussed in a Closed Session. Carteret Health Department - Requesting assistance to clean Borough lots. Mayor Sica said he will talk to William Kolibas and see how many men he has to see if he can clean those lots. Councilmember Bialowarczuk said there were a couple of questions that she and William Kolibas talked about......... Mayor Sica said some of them were sold. Councilmember BWowarczuk said some of them had been done already. Two or three times. BUSINESS TO BE ADDED: Councilmember O'Brien spoke in reference to the steps. He said Gloria has everything. He said the bids should come in by June 23rd and he would like to have them opened at the Municipal Court and he would like to award them at a Special Meeting on the 26th. Mayor Sica said if they get the bids back that quick it is fine. Councilmember Failace mentioned he had something to discuss in a Closed Session Attorney Hedesh said on Special Assessment, he said he needs to get Parmar to get him the final numbers on the construction of Beverly Street. He said the Clerk now has the appraisals and everything. There is two (2) copies being in her possession of the appraisals. He needs that number so they could do that public hearing and get that assessment on. Attorney Hedesh said he doesn't know if the Volunteer Contract.....this one has $50,000.00. He doesn't know if it was ever $100,000.00. He said he guesses what they need to do is ask. Mayor Sica said no, it is $50,00000. Attorney Hedesh said no one has looked at this but him, but what he is saying that there is always this rumor of $100,000.00. Mayor Sica again said it was $50,000.00 and commented that they get five times what everybody else gets and they are only volunteers. 7 SEPTEMBER 12, 1996 Rei.nhardt & Schachter P.C. Carteret Health Department BUSINESS TO BE ADDED Bids S¡Jecial Assessment Volunteer Contract SEPTEMBER 12, 1996 Equipnent Contract RESOLUTION #96-258 Adopted ADJOURNED TO CLOSED SESSION OPEN SESSION ADJOURNED Attorney Hedesh said he was always under the impression if you, yes, compared the two that is the only problem he sees with that contract. Attorney Hedesh said the only problem he sees with the Equipment Contract is the Borough's liability is capped at a half a million, so if you had an explosion or something you are really capping it. Mayor Sica said if they had an explosion everyone elst!s insurance company....... - Mayor Sica told Karen Fadem that he would talk to her tomorrow and if it is necessary to have her here at the next Agenda Meeting, he will have her here and have Brewer here. RESOLUTION #96-258 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Failace RESOLUTION #96-258 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Counci1members Bialowarczuk, Failace, Fazekas, O'Brien and Vesey voted in the affirmative. Councilmember Feingold was noted absent. At approximately 8:15 p.m., a Closed Session was held. At approximately 8:31 p.m., upon MMS&C, by Councilmembers Ziemba and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, this meeting was opened to the public. A motion to adjourn was made by Councilmembers Vesey and second by Councilmember Bialowarczuk. At approximately 8:32 p.m., after no further discussion, this meeting was adjourned. Respectfully submitted, ~~~~tLY /K THLEEN M. BARNEY ~ Municipal Clerk KMB/lr ..':