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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.......
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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
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