Borough of Raritan Council Agenda Meeting August 10, 2010 The Agenda Meeting of the Borough of Raritan Council was held on August 10, 2010 at the Municipal Building, 22 First Street, Raritan, NJ 08869 at 6:30 pm. Mayor Jo-Ann Liptak presided and stated: Notice of this meeting has been made by advising the Somerset Messenger Gazette and The Courier News of the time, date and place of this meeting, posting a notice on the official bulletin board, filing a copy in the Borough Clerk’s office and including this statement in the minutes. ROLL CALL Present: Victor Laggini, Maureen Wilson, John Lamaestra (at 6:45p.m.), Stefanie Gara, and Denise Carra Absent: Greg Lobell Also Present: Mayor Jo-Ann Liptak; Daniel Jaxel, Borough Administrator; Mark Anderson, Borough Attorney; Stanley J. Schrek, Borough Engineer and Rayna E. Harris, Borough Clerk 1. ENGINEER’S REPORT Stanley J. Schrek, Borough Engineer offered his report. Orlando Drive We have submitted, to the County, all required documents for consideration for County takeover of Orlando Drive. 2009 Road Program Work has been completed on Basilone Place and North Gaston Avenue. Sidewalk replacement work has started on Danbury Ave. This project consists of partial sidewalk replacement, milling, base repairs and paving. There are no curb repairs in the contract. Milling, base repairs and overlay is scheduled for later this month. NJDOT Grant Applications NJDOT Local Aid applications are due later this month. I recommend applying under two categories: 1. Safe Routes to Transit. This would entail sidewalk improvements on Anderson Street, Thompson Street, Rail Road Ave., Sherman Ave., Victoria Street and Fifth Street. 2. Municipal Aid. This would be for Improvements to LaGrange Street. A supporting resolution is required for each application. Mr. Schrek noted that there are Regional Center sustainability grants available that must be applied for by August 25, 2010. Councilwoman Gara noted that the grants committee is reviewing federal grant opportunities for traffic calming as well. Mr. Jaxel stated that all resolutions would be prepared for the August 24, 2010 Regular Meeting. Council President Carra stated that she has received complaints regarding the construction site on Elizabeth Street (behind the Post Office). Mr. Schrek acknowledged that he has been in contact with the owner, Pat Barbieri. Construction commenced about two years ago and subsequently stopped due to economic conditions. Mr. Barbieri has recently retained an equity partner and is expecting construction to resume later this year. 2. Housing Ordinance Councilwoman Gara stated that a draft version of the proposed ordinance was distributed to the Governing Body. She referenced the memorandum from Construction Official Lou Gara, dated August 10, 2010 that offered his questions and comments on the proposed ordinance. Councilwoman Gara agreed to incorporate some of Mr. Gara’s suggestions into the ordinance. She stated that, for proper enforcement of the ordinance, the Council should consider employing Property Maintenance Official Frank Taddeo full-time. Councilwoman Wilson questioned the feasibility of transitioning to a full-time employee to accommodate the enforcement of this ordinance. She also questioned the effective date of the ordinance. Councilwoman Gara stated that it would become effective upon the Mayor’s signature date, but full compliance would not be immediate, however, mechanisms of compliance have been included in the ordinance. Councilman Laggini questioned the salary and pension obligations associated with transitioning from a part-time employee to full-time. Mr. Jaxel stated that the Borough of Raritan would only be responsible for the pension contribution based on the salary paid by the Borough. He has been in contact with Suplee, Clooney & Company to discuss how this would affect the cap and possible wavers. Mr. Jaxel noted that the fees need to be reviewed to calculate if they will be sufficient to cover the costs. Councilwoman Wilson inquired about the opinion of the Property Maintenance officer on the proposed ordinance. Councilwoman Gara stated that he has reviewed portions of the ordinance, but the current draft was completed after he left for vacation. Mr. Taddeo will review and comment on this draft of the ordinance when he returns. Councilwoman Wilson inquired about the incorporation of potential changes and recommendations of Mr. Taddeo into the ordinance. Councilwoman Gara referred the question to Borough Attorney Mark Anderson. Mr. Anderson stated that the statute permits changes to an ordinance after introduction that are insubstantial, if not, then the ordinance would have to be reconsidered for introduction and noticed again. He noted that the Borough Council always retains the power to amend an ordinance after final passage and there maybe necessary corrections and modifications at a later date. The ordinance is presented with an immediately effective date upon publication however that can be changed with a particular date. Mr. Anderson warned against selecting an effective date beyond the technical sitting of this Council. Councilwoman Wilson questioned the preparation of the associated forms. Councilwoman Gara noted that Frank Taddeo will prepare the forms that are to accompany the ordinance for approval. Some of the forms will be based on the State templates and will conform to State standards. Mr. Anderson noted that the existing registration of non-resident owners is a State requirement, but there is no State form to his knowledge. He highlighted a portion of the ordinance designating the Property Maintenance Officer as the preparer of the forms to be presented for Council approval within forty-five (45) days. Councilwoman Wilson questioned if this ordinance asks the Property Maintenance Officer to take on the role of a rental agent. She also expressed concern over the section giving not only the members of the Police Department, but also the members of the Public Works Department the authority to issue summons or violations. Councilwoman Gara stated that it is currently the landlord’s responsibility to provide that information on tenant rights as required by state law. Mr. Anderson stated that any member of the public is entitled to issue a summons or ordinance violation, but certain protection is given to a person specifically authorized. Councilman Laggini questioned the need for an employee to appear in court when issuing a summons. Mr. Anderson stated that the person or employee issuing the summons should be present in court. Councilwoman Wilson questioned the implementation of the ordinance’s rules and provisions by the Property Maintenance Officer, a change from the original draft, and who will preside over hearings resulting from the illegal tenancy to those attending the Bridgewater-Raritan Public Schools. Mr. Anderson replied that all rules and regulations would come before the Borough Council. The State statute does not specify the body that must hold the hearing, but he suggested it be handled by the Borough Administration. Councilman Laggini stated his support for the ordinance. He expressed his concern about the expense to the taxpayers (landlords) and the cost-effect. Councilman Laggini noted that two fees are currently paid by landlords and questioned the addition of a third fee. Councilwoman Gara responded that this is only with the Borough’s takeover petition approved by the State. The fees collected for each unit would then be redirected from the State to the Borough of Raritan, not duplicated. Mr. Anderson stated that if the State denied the Borough’s petition, then there would be three fees, but he would not expect the State to reject. Mayor Liptak recommended the ordinance be introduced at the August 24, 2010 Regular Meeting of the Council. Councilwoman Gara suggested holding a Special Meeting to discuss the comments of Mr. Taddeo, review the forms associated with the ordinance and to address any other concerns prior to introduction. 3. Capital Budget Daniel Jaxel presented the 2010 capital budget considerations dated July 8, 2010. Administration A. Re-flashing/wall replacements, Municipal Building - $20,000 OK Fire Department A. Turnout gear washer/dryer - $25,000 OK B. Emergency generator, North Thompson Street Firehouse - $55,000? Recreation A. Security cameras for parks (Recreation Special Account?) - $15,000 Public Works Department A. Replacement for two Ford mason (smaller) dump trucks - $95,000? Police and Emergency Management A. Replacement dispatch console - ? B. New Police Repeater Communications system - $75,000-$100,000? Other Roads/Public Works, Borough Engineer A. Supplement to Transportation Trust Grant for reconstruction of Johnson Drive -? B. Reconstruction of various sewers - ? C. Reconstruction of Roderer Drive - ? D. Rebuild Ortho Drive Pump Station pumps - ? E. Supplement to Community Development Grant for reconstruction of Third St. -? Mr. Jaxel stated that the capital budget dated 7/20/10 eliminated items on previous versions. He stated that maybe the park security cameras could be taken out of the special account. He also noted that the capital budget should be finalized as soon as possible. Mayor Liptak asked for further explanation on the reconstruction of various sewers. Mr. Schrek stated that this is for the correction of the problems on Canal Street, but CDBG funds would also be applied for to finance the project. He noted that the work on Roderer would be reconstruction of the cul-de-sac and overlay for the remainder of the road. Mr. Schrek stated that the reconstruction of Johnson Drive is a supplement to the original grant. Councilwoman Gara stated that she would speak with Lt. McCormick regarding items A. and B. under Police and Emergency Management because both of these items may be moved to the 2011 capital budget. Mr. Jaxel reminded the Governing Body that both A. and E. under Public Works/Borough Engineer are grant funded projects. He noted that the projects were not listed in a ranked order of importance. Mr. Schrek stated that the Pump Station pumps could be ranked as number two and the reconstruction of Third Street as number three in order of importance. Councilwoman Wilson suggested asking the other departments to prioritize their requests. Mayor Liptak questioned if the re-flashing/wall replacements could be postponed, and Mr. Schrek agreed due to remediation work that was preformed on the roof. Mr. Jaxel agreed to reach out to Fire Chief Carl Memoli to discuss the items listed under the Fire Department and evaluate the need for the generator. He suggested proceeding with item A. for right now. The Governing Body agreed. Councilman Lamaestra noted that the Public Works request was decreased from $200,000 to $95,000. Mayor Liptak questioned if one dump truck would be adequate. Mr. Schrek suggested the rental of a dump truck as needed. Mayor Liptak questioned if Ortho would assist in the financing of the pump station pumps. Mr. Schrek agreed to contact Ortho regarding the matter. Councilman Laggini stepped out at 7:15p.m.to call Fire Chief Memoli and Councilwoman Gara stepped out to call Lt. McCormick regarding their respective capital requests. Mr. Jaxel noted that the Governing Body agreed to fund the Johnson Drive project. Councilman Laggini and Councilwoman Gara returned at 7:17p.m. Councilman Laggini did not reach Chief Memoli. Councilwoman Gara stated that Lt. McCormick agreed to remove both capital requests due to pending grant applications to fund both purchases. Mayor Liptak calculated a rough estimate to the currently agreed upon capital projects at $286,000. She noted that the Fire Department’s emergency generator is still unapproved. 4. PO Request – Somerset County Therapeutic Program Councilwoman Wilson agreed to offer this purchase order request at the Regular Meeting. 5. PO Request – Cardinal Woods Park Equipment Councilwoman Wilson agreed to offer this purchase order request at the Regular Meeting. 6. PO Request – Recreation Uniforms Councilwoman Wilson agreed to offer this purchase order request at the Regular Meeting. 7. PO Request – Fire Department Councilman Laggini agreed to offer this purchase order request at the Regular Meeting. Mr. Jaxel stated that he was in possession of Certification of Funds for all purchase order requests listed on the agenda. 8. Monthly Inspection Rate, Sewer Pumping Station Mr. Jaxel stated that Pumping Services, Inc. requested to increase the monthly rate for pumping fees by $10 to a total of $245 per unit and this would affect both the Ortho and the Cardinal Woods pump stations. He noted that the company provides a very detailed monthly report and he supports the fee increase. 9. Right of Way Ordinance Council President Carra stated that this topic was discussed in February; her concern is regarding the tearing up of the blacktop and would like a follow-up on the next step in the approval process. She noted that there was a discussion on increasing the fines to $2,000. Mr. Anderson noted that the ordinance is in place and it is a matter of enforcement. He will confirm that the increased fine is in place as well. Council President Carra questioned if this applies only to the removal of pervious coverage with the replacement of impervious or also to the removal of impervious coverage with replacement of pervious coverage. Mr. Schrek noted that the title of the ordinance is a misnomer because the ordinance refers to any construction in the municipal right of way, not just the road opening. He stated that permits should be issued for all and inspections should be completed. Mr. Schrek suggested a title change for that section of Borough Code. Mr. Anderson agreed to confirm the fine amounts for both the Right of Way ordinance and the Littering ordinance. 10. Cell Tower Bids Council President Carra stated that she along with Councilwoman Gara and Councilman Lamaestra met to discuss the terms and ownership for the cell tower; they have agreed that ownership of the cell tower is the best option, and the lease should be modeled after the Branchburg agreement. The Raritan cell tower is limited to three locators due to the height. In general, the tenant will be responsible for any and all costs during the initial five year term of the lease agreement. There is an option for the tenant to renew the lease for four (4) successive 5-year periods. Councilwoman Gara received a recommendation from the Branchburg Planning Board to start bidding between $24,000 -25,000" She spoke with the Branchburg Administrator regarding how the Townships bid process was handled and spoke with our Planning Board attorney. It was recommended to start bidding between $24,000-25,000 Councilwoman Wilson questioned who is responsible for the cost of removal in general and removal specifically due to the equipment becoming obsolete. Councilwoman Carra replied that removal will be at the expense of the tenant. Councilwoman Wilson was emphatic about wanting the ordinance to indicate that notice should go out to anyone within 200 ft of a proposed tower location. Mark Anderson agreed to insert that language. Councilwoman Gara stated that from her research the tenant may during the life of the lease agreement chose to remove and replace the existing hardware, however if the tenant decides to leave, then removal will be at the Borough’s expense. Councilman Lamaestra noted that even if the Borough has to absorb the cost to remove a profit would still be made. Councilman Laggini suggested including language in the lease agreement that places the burden of removal costs on the tenant. Mr. Anderson stated that the primary difficulty is that the Borough needs to have control of the tower and guarantee to co-locators that the tower will exist beyond the lease of the primary locator. Mayor Liptak questioned the responsibility for the tower in the event of a natural disaster. Mr. Anderson stated that during the time they are using it, it is the carrier’s responsibility. He noted that the lease requires that the design be certified by a licensed engineer. Councilwoman Gara agreed to call for quotes on the removal of a tower and to report her findings to the Governing Body to address Councilman Laggini’s concerns. Mr. Schrek stated that Franklin Township recently required a bond for removal of approximately $55,000, but that it should be noted that the scrap metal is of great value as well. Mayor Liptak thanked Council Members Carra, Gara and Lamaestra for their research efforts on this matter. Councilman Lamaestra expressed a desire to include the construction of a room for DPW as a part of the bid. Mr. Anderson suggested that the room for DPW could be attached to the bid as an alternate to gage the cost and willingness to construct. Councilwoman Gara would not support the DPW room attachment to the bid as an alternate if it would impact the Borough’s revenue. Mr. Schrek noted that the Planning Board should at least have a courtesy review, if not site plan approval. The conditional or permitted use may have to be written into the zoning code as a change. He suggested going towards the courtesy review. Mr. Anderson stated that a courtesy review would go before the Planning Board and an application for a non-permitted use would have to be heard before the Zoning Board of Adjustment. He suggested placing it before the Planning Board. He noted that the Borough can provide for this without any review. The specs should indicate that the application must be presented to the Planning Board for their recommendation and the bid specs must also be re-written to provide for the alternate with a description provided by Mr. Schrek. Mr. Schrek agreed to contact the telecommunications company as to the progress the Borough Council has made with regards to this matter. 11. Cultural and Heritage Mayor Liptak asked the Council to allow the appointment of the seven board members from August through December of this year, with the annual appointments made at the Re-Organization meeting in January 2011. The Council agreed. 12. Board of Education Audit Mayor Liptak reached out for Matthew Moench of Bridgewater Township Council to contact the Bridgewater-Raritan Regional School District regarding having an audit conducted. She also sent a letter to Matthew Moench and the Board of Education regarding the joint community relations board with no response thus far. 13. House Numbers/ 911 Requirements Councilwoman Gara stated her concern regarding compliance with State regulations regarding height and size requirements for house numbers on all units. She believes the Borough needs to adopt an ordinance to comply. Mr. Anderson stated that this is included in the State statute and later in the enhanced 911 requirements, but it only applies to rental units under the original draft whereas the enhanced 911 requirements apply throughout the Borough. He noted that the Borough of Raritan does not have an ordinance requiring the numbers be displayed. Councilwoman Gara requested that the Borough Attorney draft a separate ordinance regarding house numbers for introduction at the next meeting. The ordinance would apply to all structures, not just rental housing units. Mayor Liptak asked if the designation of East and West on Somerset Street be included in the house number ordinance because identical numbers are present on both sides of the street. Mr. Jaxel noted that a resolution to award the contract for the purchase of a garbage truck was added to the agenda late. The consideration of this resolution at the Regular Meeting is necessary to be within 60 days of the receipt of bids and he has the certification of funds. Councilman Lamaestra agreed to offer this resolution at the Regular Meeting during Council Reports. At 7:50 p.m. a motion was made by Council President Carra and seconded by Councilwoman Gara to move into Executive Session. Motion carried. Councilwoman Wilson moved and Councilwoman Gara seconded a motion to return to the normal order of business. Motion carried. Meeting adjourned at 8:25 p.m. Respectfully submitted, Rayna E. Harris, RMC Borough Clerk