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HomeMy Public PortalAbout08-23-07 CouncilAUGUST 23, 2007 A Regular Meeting of the Mayor and Council of the Borough of COUNCIL MEETING Carteret was called to order by Mayor Daniel J. Reiman, Thursday, August 23, 2007, 6:00 P.M., Memorial Municipal Building, 61 August 23, 2007 Cooke Avenue, Carteret, New Jersey. Upon individual roll call vote the following were noted present: ROLL CALL Councilmember Vincent Bellino " Jorge Diaz " Susan Naples " Ronald G. Rios " Joseph W. Sitarz Noted absent was Councitmember Randy Krum. Also noted present was Borough Attorney Robert J. Bergen. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. The Clerk stated that on December 27, 2006, the 2007 Annual STATEMENT OF Notice was published in The Home News Tribune, The Star MEETING NOTICE Ledger and posted on the Bulletin Board . Upon MMS &C by Councilmembers Rios and Diaz and unanimous MINUTES FOR affirmative vote of the five (5) Councilmembers present, the APPROVAL AUGUST 23, 2007 MINUTES FOR Minutes of July 12, 2007, were approved and transcribed and APPROVAL engrossed by the Clerk. Cont: PRESENTATION The Mayor explained that there would be two (2) presentations this evening, one is from Kinder Morgan and said that Frank Morocco, original Vice President was present and Christian Zimmer, the President of our Carteret Library Board and Trustees was also present. He then asked them to both come forward. Kinder Morgan Frank Morocco then presented Christian Zimmer with a check to presentation to the Library, for the Children's Section, for $5000.00. Library Christian Zinuner then thanked him and explained the Library section expansion. Mayor Reiman then made a Special Commendation to Frank Morocco and Kinder Morgan Liquid Terminals. Mayor Reiman then said their second presentation would be made to Carteret Business Partnership and he introduced Kathy Shaw the Director and Pat Musi, Chairman and Mark Hruska, Vice Chairman. Carteret Kathy Shaw said The Carteret Business Partnership has banded Business together to improve the environment and for initiative this year Partnership there is a special SID U Application , a district project, that is funding the special safety hazardous initiative. She went on today to say that this evening they will award the initiatives for 2007. Mayor Reiman called up the Fire Chief, Captain McFadden, Dan Beasley from OEM, Ernie Even from the First Aid Squad and Wayne Carrico from the Volunteer Fire Department for the award of the initiatives. 2 AUGUST 23, 2007 ORDINANCE #07 -22 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on September 20, 2007, upon MMS &C by Councihnembers Rios and Naples. Upon individual roll call vote Councihnembers Bellino, Diaz, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Krum was noted Absent. ORDINANCE 1107 -22 "ORDINANCE AMENDING CHAPTER 254, ARTICLE III, "HANDICAPPED PARKING," OF THE CODE OF THE BOROUGH OF CARTERET" ORDINANCE 907 -23 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on September 20, 2007, upon MMS &C by Councilmembers Rios and Naples. Upon individual roll call vote Councilmembers Bellino, Diaz, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Krim was noted Absent. ORDINANCE #07 -23 "AMENDING & SUPPLEMENTING ARTICLE V ENTITLED, DUMPSTERS AND OTHER CONTAINERS, OF CHAPTER 222, "STREETS AND SIDEWALKS" OF THE CODE OF THE BOROUGH OF CARTERET" ORDINANCE #07 -24 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on , upon MMS &C by Councilmembers Rios and Diaz. Upon individual roll call vote Councilmembers Bellino, Diaz, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Krum was noted Absent. ORDINANCE #0L22 "Fee Ordinance - Parking Review First Reading ORDINANCE #07 -23 "Temporary Storage ContairerA First Reading ORDINANCE #07 -24 "Amending Code - Animal Control" 9 AUGUST 23, 2007 ORDINANCE #0724 ORDINANCE #07 -24 First Reading "AMENDING CODE - ANIMAL CONTROL" ORDINANCE #07 -25 ORDINANCE #07 -25 was introduced and adopted on First "Amending Reading and the Clerk authorized and directed to advertise same Ordinance #04 -03 for Public Hearing to be held on , upon Re: Responsibilitim MMS &C by Councilmembers Diaz and Rios. Upon individual roll and Authority of call vote Councilmembers Bellino, Diaz, Naples, Rios and Sitarz the Board of voted in the Affirmative. Councilmember Krum was noted Absent Health" ORDINANCE #07 -25 First Reading "AMENDING ORDINANCE #04 -03, RE: RESPONSIBILITIES AND AUTHORITY OF THE BOARD OF HEALTH" Clerk's Please note that Ordinance 907 -24 and #07 -25 were passed on First Note Reading by the Mayor and Council of the Borough of Carteret. The ordinances were never received in paper form, so therefore were never published for Public Hearing, nor did a Public Hearing ever take place in 2007 causing the ordinances never to be passed. Public Portion Upon MMS &C by Councilmembers Diaz and Naples and on Resolutions/ unanimous affirmative votes of the five (5) Councilmembers Agenda Items and present, the public portion on Resolutions /Agenda Items and New New Business Business was opened to the public. There were no questions fi•om the public. Public Portion Upon MMS &C by Councilmembers Rios and Diaz the public Closed portion was Closed. 4 AUGUST 23, 2007 Mayor Reiman asked if there was any questions or continents on Mayor Reiman any resolutions from any members of the governing body. There were no comments fiom the Governing Body. Mayor Reiman then asked for a motion on the Consent Agenda. Consent Agenda Resolutions 407 -215 through 807 -231 were introduced by the Mayor and referred to the Council for action. Upon MMS &C by Councilmembers Diaz and Naples RESOLUTION #07 -21 RESOLUTION #07 -215 "Issuance of "DIItECTING THE ISSUANCE OF VARIOUS RAFFLE Various Raffle LICENSES" Licenses" RESOLUTION #07 -216 RESOLUTION M7 -211 "AUTHORIZING AN EXTRAORDINARY UNSPECIFIED "Authorizing SERVICES CONTRACT WITH THE LANDTEK GROUP, INC. Contract with The -RE: SYNTHETIC TURF MAINTENANCE" Group Inc. Re: Syk nthhetic etic Re: Synthetic Turf Maintenance" RESOLUTION #07 -217 "PROFESSIONAL SERVICES - T &M ASSOCIATES, RE: RESOLUTION X07 -21; CIVIC CENTER PARK REMEDIAL INVESTIGATION" "T &M Associates, Ru Civic Center Park RESOLUTION #07 -218 "APPROVING Remedial �� Investigation PERSON -TO- PERSON ABC LIQUOR LICENSE TRANSFER #1201 -33- 013 -007 FROM DA CHICA LLC TO RESOLUTION #07-21! E1D0 CORP. (LISBON TO ROME) "ABC Transfer, DaChica LLC to eido Corp) RESOLUTION #07 -219 "APPROVING RENEWAL OF ABC LICENSE #1201 -33 -029- RESOLUTION M7 -21S 006 FOR 2007 -2008 PURSUANT TO SPECIAL RULING - "ABC Special Ruling, Re: GIOACCHINO RIVETTI" Gioacchino Rivetti" AUGUST 23, 2007 RESOLUTION #07 -220 "Change Order #1, Re: Roosevelt Ave. Streetscape -Phase II Project" RESOLUTION #07 -221 "Pre- Development Agreement with Kinder Morgan Liquids Terminal LLC" RESOLUTION #07 -222 "Access Agreement with Carteret Gateway, LLC, Re: West Carteret Community Redevelopment Area" RESOLUTION #07 -220 "APPROVING CHANGE ORDER #I FOR THE ROOSEVELT AVENUE STREETSCAPE -PHASE H PROJECT " RESOLUTION #07 -221 "RESOLUTION REGARDING THE PRE- DEVELOPMENT AGREEMENT WITH KINDER MORGAN LIQUIDS TERMINAL, LLC" RESOLUTION #07 -222 "AUTHORIZING ACCESS AGREEMENT WITH CARTERET GATEWAY, LLC IN CONNECTION WITH THE WEST CARTERET COMMUNITY REDEVELOPMENT AREA" RESOLUTION #07 -223 RESOLUTION #07 -223 "AUTHORIZING APPLICATION FOR NATIONAL BOATING "National Boating INFRASTRUCTURE GRANT PROGRAM" Infrastructure Grant Program This resolution was never received from the attorney. RESOLUTION #07 -224 RESOLUTION 807 -224 "Budget Insertion `BUDGET INSERTION - MIDDLESEX COUNTY OPEN Historic Preservation Trust Fund Grant" SPACE, RECREATION AND FARMLAND AND HISTORIC PRESERVATION TRUST FUND GRANT" RESOLUTION #07 -225 "Award of Bid- RESOLUTION 1/07 -225 Laurel Street �� "AWARD OF BID - LAUREL STREET RECONSTRUCTION" Reconstruction RESOLUTION #07 -226 RESOLUTION 907 -226 "Award of Bid- "AWARD OF BID -2007 ROAD PROGRAM" 2007 Road Program RESOLUTION #07 -227 RESOLUTION 907 -227 Tariff Billing "APPROVING AGREEMENT WITH TARIFF BILLING Specialists, Corp. SPECIALISTS, CORP. - TELEPHONE AUDIT" Telephone Audit" 6 AUGUST 23, 2007 RESOLUTION #07 -22 RESOLUTION 907 -228 "Certif icate and "APPROVING PAYMENT CERTIFICATE #2 AND FINAL #2 and Final -2006 AND CHANGE ORDER #2 AND FINAL- 2006" Road Improvement Program- DeFino RESOLUTION #07 -229 Contracting" "AWARDING CONTRACT FOR 2007 -2009 EMERGENCY RESOLUTION #07-22S SERVICES -B &W" "Contract for 2007 -2009 Emergency Service: B &W" RESOLUTION 1107 -230 RESOLUTION #07-23( "PROFESSIONAL SEVICES- MCMANIMON & SCOTLAND, McManimon & RE: VARIOUS TAX APPEALS" Scotland, Re: Various Tax Appml s RESOLUTION #07 -231 RESOLUTION #07-23: "PROFESSIONAL SERVICES - WINDELS, MARX, LANE - Windels, Marx, RE: VARIOUS LEGAL MATTERS" Lane, Re: Various Legal Matters" were Adopted. Upon MMS &C by Councilmembers Diaz and Adopted Naples and individual roll call vote: l Councilmembers Bellino said he had talked to the Mayor about a Councilmember lot of the resolutions here and at this point he is going to vote Bellino "Yes" but he would like to have some open discussions at Agenda Meetings. Mayor Reiman told Councilmember Bellino if lie had any questions on any resolutions to please say so. Councilmember Bellino said they had talked about it and commented lie knew some of them had to be pushed through and lie did not want to put the Mayor on the spot right before a Council Meeting with questions about the Professional Services Resolutions explaining lie was not exactly sure about them because he did not read them until later. Other than that "Yes" 7 AUGUST 23, 2007 Councilmember Diaz Councilmember Diaz voted Yes Councilmember Councilmember Naples voted Yes. Naples Councilmember Councilmember Rios voted yes on all and he Abstained on 1116, Rios Resolution #07 -230. Councilmember Councilmenber Sitarz said he had mixed feelings about all the Sitarz resolutions because he just received the Order of Business at 5:00 P.M. and some were added on, so he voted "Yes" on 91, Resolution #07 -215, #2, Resolution 07 -216, #11, Resolution #07 -225, #12, Resolution #07 -226, 915, 07 -229. He voted "No" on Resolutions #07 -217, 907-218,1107-219, #07 -220, 907 -221, #07 -222, #07 -223, #07 -224, #07 -227, #07 -228, #07 -230 and #07 -231 until lie could discuss them. Mayor Reiman commented to Councilmember Sitarz that he had no comments or discussion but lie was voting against the resolutions. Councilmember Sitarz said there were a lot of things put into the Agenda Meeting that were not discussed. Mayor Reiman explained that as lie knew there are last minute items that are added, all the time. Councilmember Sitarz suggested that they could be held for the next Agenda Meeting. Mayor Reiman asked him if he was motioning to hold any of the items. Councilmember Sitarz said to hold them all. Mayor Reiman Mayor Reiman told him they were obviously in the middle of a vote and explaining that in our form of government, the Mayor sets the Agenda, so there are items that had come in that were added, for instance the grant and then he referred to Item #10, that Councilmember Sitarz voted "No" explaining it is a $3,000.000.00 3 AUGUST 23, 2007 } Grant from the County for Preservation Trust. It was awarded several months ago to be used towards the community pool and told Councilmember Sitarz that he had voted on the application . Councilmember Sitarz said he did vote on it but they did not discuss it at the Agenda Meeting. Mayor Reiman said that was because the monies just came in. Upon MMS &C by Councilmembers Rios and Naples, all bills PAYMENT OF appearing on the prepared list, properly audited and signed, were BILLS ordered to be paid. Upon individual roll call vote Councilmembers Bellino, Diaz, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Krum was noted Absent. The Clerk stated that she was in receipt of an Application from the APPLICATIONS Carteret Volunteer Fire Co. #1 -New Membership, Vanessa Simms. Upon MMS &C by Councilmembers Rios and Bellino and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. Departments- REPORTS — Clerk's Office -July 2007. Departments Inspection of Buildings — July 2007. Upon MMS &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the five (5) Councilmembers present, all Reports were ordered to be received and placed on file. 9 AUGUST 23, 2007 BUILDINGS AND GROUNDS: Committee Chairperson Naples reported that this department is working very hard keeping up with their routine summer work and then she thanked Councilmember Bellino, from Parks, for sending over a man for the next few weeks because they will be shorthanded. She also said steps are being painted and sealed. FINANCE & ADMINSTRATION: Committee Chairperson Diaz first thanked the Carteret Business Partnership for their generous donation of $200,000.00 towards our Capital Improvement for Emergency Services. He said we have collected about 1.4 million dollars in NJDEP and Green Acres Funding for the expansion of our pier and our marina. We are now applying for an N7 Big Boating Grant that may come in the amount of either $50,000.00 or 1.5 million dollars. He then reminded residents that they can vote on our website for slogans and mottos that have been created to supply marketing campaigns. Progress. FIRE & DOMESTIC PREPARDNESS: In the absence of Committee Chairperson Krum, Councihnember Bellino congratulated our new Volunteer Firemen recruits. He reported the Fire Department participated with the Police Department in the National Night Out Program and they held an educational class for teenage babysitters. They also participated in a Tabletop Disaster Drill with BP Amoco. He commented that this past week there was a fire in Avenel and he commended the Firefighters for joining in the efforts helping to extinguish the fire. Progress. PARKS & RECREATION /SHADE TREE: Committee Chairperson Bellino reported that tree cutting is ongoing and sidewalks are being ripped up and are going to be part of the Streetscape Program. The football team is practicing in Carteret Park due to the construction in the other field. Progress. 10 AUGUST 23, 2007 POLICE: Committee Chairperson Sitarz reported that there are three (3) more marked police cars on the road and one (1) unmarked car for traffic and the car we bought last year was in an accident and will cost about $8000.00 to be repaired. Progress. PUBLIC WORKS: Committee Chairperson Rios reported that our Streets and Roads Department are doing our yellow curbs and crosswalk painting and are changing faded Stop and No Parking Signs. He said there will be no Recycling or Trash Pick Up on Monday, September P, Labor Day. Recycling will be picked on Tuesday, September 4 " We are continuing to clean the sewers in various sections of town and have been cleaning the catch basins recently in the Parkview Section and guards are being put on the storm sewers to keep things from entering them. As far as Municipal Garage Services, we are working on the Payloader. Progress. BOARD OF EDUCATION: Committee Chairperson Naples reported that school will open September 6 `h and it will be a full day and there will be central registration at the School Board Office for anyone needing to sign up. She said the environmental issue at Minue School has been totally remediated. It has fall state approval. The Board of Education also wanted to thank the Mayor and Council for working to remediate that issue. She then went on to say, on personal note, that she had fallen and our First Aid did a great job helping her and also her Nephew has a peanut allergy and coming home from Yankee Stadium, on the Turnpike, his breathing got labored and our First Aid Squad met them and helped him out. She mentioned that Councilmember Bellino's son did a great job. COMMITTEES Cont: Mayor Reiman said he would be meeting with the Board of Mayor Reiman Education to discuss security in our schools and he invited our Board of Education Liaison Committee. He said the Board was required to set aside $200,000.00 for security in the schools, police patrols, off duty police patrols, school resource police officers or private security and we will be reviewing them with the Police Department prior to schools opening. AUGUST 23, 2007 Mayor Reiman Cont: Mayor Reiman then said he invited Councilmember Diaz and any other members of the Council that would like to john him in meeting with the Department Heads next week. He referred to the Bergen Record this morning which referenced a piece of legislation being proposed in Trenton that would deal with making certain reports much more accessible to the public, via the internet. He explained that we don't know whether they will adopt that legislation, but, in the mean time we are going to make our Agenda Items and Minutes, Resolutions, Ordinances, from all the Boards, available on the Web Site. We are also going to look to get all of our Health Reports and Inspections for Restaurants and Local Eateries on the web site and perhaps stats and police reports that can be redacted to provide that information. This will be fi•ee of charge on the website to the residents. He then went on to inform the Council that House Resolution #3248 passed in the House this week and goes on to the Senate. This bill would re- appropriate a couple of billion dollars and specifically for Carteret it would provide between 2 and 2.75 million dollars in additional federal money to the ferry terminal, bringing the federal government's commitment to close to 4.6 million dollars of our ferry terminal project. He said it is literally found money and shows a commitment from the House and the Senate, saying that Senator Menendez worked diligently on this legislation and he also asked that the Council, at the next meeting, discuss directing the Redevelopment Agency to set aside 1.68 million dollars in Redevelopment Trust Funds, that have been paid by developers over the past few years, to redevelopment projects. That would bring our total to over five (5) million dollars and would then provide 50% of the funding. We have applied for a five (5) million dollar DOT Grant from the State of New Jersey for Maritime Resources. Mayor Reiman then said Don Norbut was present, explaining that he asked him to join us in case there are any questions about any of the engineering projects in town and then asked if there were any questions from any members of the Governing Body. There were no questions from any members of the Governing Body. 12 AUGUST 23, 2007 At approximately 6:25 P.M., after no farther discussion, upon Adjourned MMS &C, by Councilmembers Rios and Diaz and unanimous affirmative vote of the five (5) Councihnembers present, this meeting was Adjourned. Resp ctfully submitted, ' KA HLEEN M. BAR Y, MM Municipal Clerk KMB /lr 13 14