The URL can be used to link to this page

Home My Public Portal About12-20-10cizz•z z.z A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman at 6:00 P.M., Monday, December 20, 2010, Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call vote the following were noted present: Councilmember Vincent Bellino " Jorge Diaz " Dennis DiMascio " Randy Krum " Susan Naples Noted Absent was Councilmember Joseph W. Sitarz and Municipal Clerk, Kathleen M. Barney. Also noted present was Borough Attorney Robert Bergen and Assistant Municipal Clerk Linda A. Rivera. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. The Assistant Clerk stated that on January 4, 2010 the 2010 Annual Notice was mailed to The Home News Tribune, The Star Ledger and posted on the Bulletin Board. It was published in The Home News Tribune on January 6, 2010 and in the Star Ledger on January S, 2010. -•az Silent Prayer/ P1e�ge of Allegiac fo � • MAIN 1 9 OF ITO DFJ:l�M 20, 2010 MNUIKS FM Upon MMS &C by Councilmembers Diaz and Krum and AHBMIA unanimous affirmative vote of the five (5) Councilmembers present, the Minutes of December 2, 2010 were approved and transcribed and engrossed by the Clerk. Pd13IIVPMM: PRESENTATION: Dan Beasley. Ibn Beasley Mayor Reiman asked Chief Dan Beasley and Councilmember Bellino to come forward. He spoke on how Dan Beasley was the Chief of Emergency Management and had retired after serving for tiventy -five (25) dedicated years as a volunteer for Emergency Management. He expressed much appreciation and gratitude and then presented him with a plaque. ORDllv"NICE #10-14 The Assistant Clerk stated that Ordinance #10 -14 was introduced , Pm�r3irt; 0lrlina�e and adopted on First Reading at a meeting of the Borough Council W02 -2J of the Borough of Carteret held on November 18, 2010. It was duly published in The Home News Tribune on December 3, 2010 with notice that it will be considered for final passage after Public Hearing to be held on December 20, 2010 at approximately 6:00 P.M. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Public Daring Upon MMS &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be opened. There were no continents from the public. H�a Closed There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C K CRDINRYE #10-14 by Councilmembers Diaz and Krum and unanimous affirmative Cent: vote of the five (5) Councilmembers present Upon DIMS &C by Councilmembers Diaz and Krum ORDNANCE #10 -14 "AMENDING ORDNANCE #02 -23" was finally Adopted. Upon individual roll call vote Amg111) councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: DECEMBER 20, 2010 INTRODUCED: NOVEMBER 18, 2010 Advertised ad Adopted on First Reading With Notice of Public Hearing: DECEMBER 3. 2010 Hearing Held: DECEMBER 20, 2010 Approved by: MAYOR DANIEL J. REIMAN ' Advertised as Finally Adopted: DECEMBER 24, 2010 The Assistant Clerk stated that Ordinance 410 -15 was introduced and adopted on First Reading at a meeting of the Borough Council of the Borough of Carteret held on December 2, 2010. It was duly published in The Home News Tribune on December 7, 2010 with notice that it will be considered for final passage after Public Hearing to be held on December 20, 2010 at approximately 6:00 P.M. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Ci2DN4NKE'#TO -15 "Capital kp=mnmt Appmpriating $1,025,00.00 fmn Grants, Donations an FnlcxaEnts for Varici bpr vartnts" Upon MMS &C by Councilmembers Diaz and Krum and Public 11-a unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be opened. 3 CRDIWn #10-15 Cent: There were no comments from the public. [)raring Ciose�l There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon M _A4S &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present Upon M \ZS &C by Councilmembers Diaz and Naples ORDNANCE #10 -15 "AN ORDINANCE PROVIDING FOR VARIOUS IMPROVE - MENTS FOR THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NE \V JERSEY, APPROPRIATING $1,025,000.00 FROM GRANTS, DONATIONS AND ENDOWMENTS N THE CAPITAL I\4PROVEMENT FUND RESERVE ACCOUNTS OF THE BOROUGH FOR THE COSTS THEREOF" Adopted was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: DECEMBER 20, 2010 INTRODUCED: DECEMBER 2. 2010 Advertised ad Adopted on First Reading With Notice of Public Hearing: DECEMBER 7, 2010 Hearing Held: DECEMBER 20, 2010 Approved by: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: DECEMBER 24, 2010 CMD #10-16 The Assistant Clerk stated that Ordinance #10 -16 was introduced Authorizirg Execution and adopted on First Reading at a meeting of the Borough Council and Delivery of a Finial . grant of the Borough of Carteret held on December 2, 2010. It was duly v th Kinder Npgpn published in The Home News Tribune on December 10, 2010 with Urban R=,al, mi notice that it will be considered for final passage after Public Hearing to be held on December 20, 2010 at approximately 6:00 4 P.M. The Ordinance was posted on the bulletin board and copies 0RI)IkNCE #10-16 Cent were made available to the general public and according to law, she read the Ordinance by title. Upon KNIS &C by Councilmembers Diaz and Krum and Public. Elza� unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be opened. There were no comments from the public. There being no further comments or objections to the Ordinance Iharin Closed the Mayor declared the Public Hearing to be closed upon M \CIS &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Diaz and Naples ORDINANCE 410- 16 "AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCIAL AGREEMENT BY AND BETWEEN THE BOROUGH OF CARTERET AND KFNTDER MORGAN URBAN RENEWAL, LLC." was Adopted. Upon individual roll call vote, Councilmembers Adopted Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: DECEMBER 20. 2010 INTRODUCED: DECEMBER 2. 2010 Advertised ad Adopted on First Reading With Notice of Public Hearing: DECE - MBER 10, 2010 Hearing Held: DECEMBER 20, 2010 Approved by: MAYOR DANIEL J. REINIAN Advertised as Finally Adopted: DECEMBER 24. 2010 5 Resolution #10 -285 Nhyor Rei mn Mayor Reiman then asked Attorney Bergen about a resolution he wanted to add on. Attorney Bergen Attorney Bergen explained it would be Resolution 410 -285, "Authorizing the Implementation of Recovery Zone Facility Bond Allocation ", and asked the Mayor to speak about it because he had been working diligently to try to get this allocation available [Igor R'einnn Mayor Reiman explained that this is a Federal allocation that was earmarked for Middlesex County and earlier in the year Middlesex County determined that only certain towns with certain criteria would be eligible for to receive this financing and funding. It was based upon UEZ designation, which limited it to three (3) towns. You also had to have a Smart Growth Area and Metropolitan Planning Area and have redevelopment projects ready to go. He said \Middlesex County allocated up to eleven (11) million dollars in Recovery Zone Financing to be allocated in Carteret and explained that we in turn authorized our Redevelopment Agency to proceed with that allocation and in essence they become small business'loans for the creation in construction facilities in Carteret. He said we made it available to any and every Redevelopment Project in the town and said there were about three (3) or four (4) potential applications and only three (3) were submitted and only two (2) are going to be financed. He explained the Redevelopment Agency would issue loans to the development entity and they would become tax exempt loans as approved by the IRS, so they are IRS designated recovery zones. He said the money is paid back to the Redevelopment Agency, which served as all intents and purposes as the mortgage company or lien holder like you would under a normal construction loan. He said they already have the allocation and we are not approving or disapproving a particular project, we are simply authorizing them to proceed with their issuance. Mayor Reiman then asked for the Agenda to be Amended to include Resolution 410 -285. 11 Upon MMS &C by Councihnembers Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present the Agenda was Amended to include Resolution #10 -285. Mayor Reiman said before we open to the public there will be a brief presentation from Mr. Brad Campbell wlno is the former DEP Commissioner and has served its for the last few years as Special Enviromnental Counsel for litigation and other environmental issues. He said Brad has been heading up our litigation and discussion with E.I. DuPont. He asked all present to reference to Resolution 410 -283. He explained this has to do with our settlement with DuPont Chemical. Mr. Campbell then spoke. He said for many years they had a pending litigation to address a large mound of debris spilled on the DuPont Parcel and there are numerous defendants, however among the defendants DuPont has stepped forward and negotiated a very satisfactory resolution with respects to our specific complaints against DuPont and that resolution, a settlement agreement, includes that DuPont will assume responsibility for mediating the pile, getting rid of the pile and milling the pile and will donate significant acreage to the Borough of which the Mayor, for a long time, has planned this for the site of the Ferry Terminal Parking Lot and the transfer will allow the use of UEZ Funds to pave the lot and get that into service. He said the clean up plan will be submitted in March and said they amend it to our approval and said he would be happy to answer any questions the Mayor and Council would have. Mayor Reiman said the total acreage is approximately 5.5 acres along the waterfront and it is to the north of our existing parking lot and north of the pier. He said we have been looking at the property for some time to have construction of the ferry terminal and an additional amount of parking down there. He thinks currently our existing lot holds maybe sixty (60) vehicles and with the addition of the DuPont property we will be able to accommodate an additional three hundred and sixty (360) vehicles Agaxla Amnrrkd to Trclu3e Resolution #10 -285 7 . . at the waterfront. He said DuPont will be making that donation as part of this agreement. He then asked if the Governing Body had any questions. Attorney Bergen said all the Borough's costs associated with litigation, in regard to this, are being covered. Mayor Reiman said DuPont will be responsible for any of the clean up on the property that we will be taking title to meet the DEP standards and we will simply be putting the final coat of the parking lot cap on it, so to speak. They also would be responsible for the re- location of all of the material that would remain on their site, as part of the agreement. Councilmember DiMascio asked what the total acreage on DuPont's property is. Mayor Rehnan said approximately thirty -five (35) acres and a significant amount of it is wetlands or waterfront property. Councilrnember DiMascio asked if they would pay for the whole clean up. Mayor Reiman said they would pay for the clean up of ours and their property, explaining they did not necessarily cause it. He said one of the tenants adjoining it had caused the stock pile of debris but because they are the property owner they will have to assume that responsibility then take action against the other company. Public Portion Upon MMS &C by Councilmembers Diaz and Krum and on Resolutions/ Age Item and unanimous affirmative vote of the full Council present, the Mayor Iba gssireass declared the public portion on Resolutions /Agenda Items and New Business to be open. Karin Uri Kevin Urban, 33 Atlantic Street. He questioned that the paper posted 54 ' / 2 million dollars that was to be bonded but at the meeting they said it was a misprint. Mayor Reiman said it was absolutely a misprint. N L,R�i iJ Kevin Urban the said meanwhile the Board voted on it and there was no retractions as to the amounts . Mayor Reiman explained that it was because the Re- Development Agency did not make the mistake, the newspaper printed a five (5) instead of a dollar sign, so instead of 4.5 million they put 54.5 million. On top of a five is the dollar sign so it was a mistake by the paper not by the agency. Kevin Urban said 4.5 basically was for Memoes Nfiddlesex and Newman. Mayor Reiman said he believed if he includes Newman it was slightly higher, but it was certainly not near fifty (50) million dollars. He said the total allocation the agency could issue was only eleven (11) million dollars and they did not issue any where near that. Mr. Urban questioned the large dirt pile on the DuPont property previously spoken about and it was explained to him by the Environmental Counsel. Resolutions #10 -272 thin 410 -285 were introduced by the Mayor and referred to the Council for action. Upon :M1\4S &C by Councilmembers Diaz and Krum RESOLUTION #10 -272 "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSES" RESOLUTION #10 -273 "PROFESSIONAL SERVICES -CME ASSOCIATES, RE: CARTERET WATERFRONT PROMENADE MOORING BOLLARD AND RECREATION PIER PROJECT" Kevin Urban Cont: RESOUITCN #10 -272 ' birecti qg the Issue of Various Raffle Licenses" RE531IJIS 4 #10 -273 "Professional Senrio CAE Associates, Re: Carteret taterfront Pmn Mmri rg Pollard and Recreation Pier Proje2t" t 9 RE9=QN #10 -274 '%,ard of Bid for 54 RESOLUTION #10 -274 Passenger Sclnol Dis "AWARD OF BID FOR 54 PASSENGER SCHOOL BUS TO to Truk [w I TRUCK KING" RBI CNI 7t'10 -275 %,ard of Bid. for RESOLUTION #10 -275 25 Passenger Sdml Bus "AWARD OF BID FOR 25 PASSENGER SCHOOL BUS TO to Truk" TRUCK KING" REJJLUITCN #10 -276 RESOLUTION 410 -276 "Pizviditg for .tle "PROVIDING n:ansfer of Snirplus FOR THE TRANSFER OF SURPLUS FUNDS" Flax3s" RESOLUTION #10 -277 RE`7OLM N r#1O -277 , birectirg the "DIRECTING THE ISSUANCE OF A TAXICAB OWNER'S IssAarm of a Taxicab LICENSE" Q,='s License" R=M #10 -278 RESOLUTION #10 -278 'birecting tl Issnarce "DIRECTING THE ISSUANCE OF A TAXICAB DRIVER'S of a Taxicab Driver's LICENSE. Licenue" R1SOL ON #10 -279 -RESOLUTION #10 -279 "Professional Services "PROFESSIONAL SERVICES — ISENBERG APPRAISAL - Isenberg Appraisal SERVICES, RE: COMMERCIAL, REAL ESTATE TAX Services, Re: Camercial APPEALS" Real Estate Tax Awls" RF5LI ON #10 -280 RESOLUTION #10 -280 ' ` N)erty Tax Carnellation" "PROPERTY TAX CANCELLATION" RE9OL 0'q #10 -281 RESOLUTION #10 -281 Antlwizirg Refund of Tax "AUTHORIZING REFUND OF TAX AND OR SEWER FEES ardor Fees �� OVERPAYMENT" RF=CN #10 -282 RESOLUTION #10 -282 "Aidurizing Bids - "AUTHORIZING BIDS — WATERFRONT PARK [,bterfruTt Park La*dscapirg LANSCAPING MAINTENANCE/ GENERAL PARK Mainten3rre /Cemral Park MARNITENANCE" Maintarr ' 10 DKBF BFR 20, 2010 RESOLUTION 410 -283 " AUTHORIZNG A SETTLEMENT OF CLAIMS N LITIGATION AGAINST E.I. DUPONT, DE NEMOURS AND COMPANY CONCERNING BLOCK 5.02, LOT 1.01 AND 2.01 AND THE ACCEPTANCE OF A CONVEYANCE OF A PORTION THEREOF" RESOLUTION 410 -284 "DIRECTING THE ISSUANCE OF A TAXI DRIVER'S LICENSE" RESOLUTION 410 -285 "AUTHORIZING THE IMPLEMENTATION OF RECOVERY ZONE FACILITY BOND ALLOCATION" were Adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiNlascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. Councilmember Naples thanked Mr. Campbell and our Law Director Rob Bergen and Mayor Reiman for their diligence. Upon MMS &C by Councilmembers Diaz and Bellino all bills appearing on the prepared list, properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. RF50=CN Tr'10 -283 "AutYnrizirg a Settlarent of Clairrs in Litigaticn .gains E.I. QJPont, De Alara>rs ard Car{ Ccgxem$g Block 5.02, Lot 1.01 and 2.01 and the Arceptarce of a Ccuveyarr_e of a Portion Ilereof REHOL CN 7`10 -284 "DirErting thee Isslraxe of a Ta, Driver's License" RF.S01i aT #10 -285 ' Puftrizirg tl Irrpl=tation of Recovery Zone Fxility Ford Allocatiori' f !' fit Cc rr-ihHrber Naples PA:n`>rr1 CF BILLS EKE m 20, I RHCM Insp tion of Fsrildir - Tbverlxx 2010 Inspection of Buildings — November 2010. Upon HEMS &C by Councilmembers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present, all Reports were ordered to be received and placed on file. a rr= COMrMITTEES: BUILDINGS AND GROUNDS: Cormnittee Chairperson Naples said she would have her final report at the Re- Organization on January 2 "d . She did note that the Buildings and Grounds did assist with the Angle Tree Project and the Christmas Party for our needy families. Mayor Reiman then reminded everyone that the Re- Organization Meeting will be Sunday, January 2, 2011, 11:00 A.M. at the Deverin Community Center, where we will have the swearing in for the Councilmembers -Elect and Mayor. FINANCE & ADMINISTRATION: Committee Chairperson Diaz said he will have his final report on January 2 "d and he wished the good residents of Carteret, Happy Holidays and Happy New Year and hopes to see everyone at the Re- Organization Meeting on the 2 nd FIRE, DOMESTIC PREPAREDNESS — Committee Chairperson Krum reported he will also be ready for January 2 " and went on to say two career Fire Captains are retiring, Captain Virag and Captain Gadomsld . He reported progress in the Fire Department and wished everyone a happy and healthy Holiday and New Year. 12 gar •a• � � The Mayor directed the Assistant Clerk to have plaques for the Tlayor Reiman retired Captains at the January 6 1 Meeting. CU"NII= Cont: PARKS, RECREATION & PUBLIC PROPERTY — Committee Chairperson Krum reported he will have his final report on January 2 nd and he went on to thank the Borough employees for grouping together and putting the Winter Festival together. He said it was very successful the Parks Department did agood job. POLICE: Conunittee Chairperson Sitarz was noted Absent. PUBLIC WORKS: Committee Chairperson DiMascio reported he will have his final report on January 2 "d and he wanted to congratulate Councilman Vinny Bellino for playing Santa Claus again and doing great job. BOARD OF EDUCATION — Committee Chairperson Naples reported she would have her final report on January 2 "d and she said the school will be closed from December 29` thru January 2 "d. She said she is looking fonvard to seeiirg 'everyone at the Re- Organization Meeting where Mayor Reiman and Councilmembers Bellino and Diaz will be sworn in. After no further discussion, upon MMS &C by Councilmembers AD -UMHD Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was Adjourned at approximately 6:25 P.M. Respectfully submitted, LINDA A. RIVERA, Assistant Municipal Clerk lr li 14