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Home My Public Portal About11-29-07 CouncilNOVEMBER 29, 2001 A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman, Thursday, November 29, 2007 at 6:00 P.M., Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmenber Vincent Bellino Randy Krum " Susan Naples " Ronald G. Rios " Joseph W. Sitarz Noted Absent was Councilmember Jorge Diaz and Municipal Clerk, Kathleen M. Barney. Also noted present was Linda A. Rivera, Assistant Municipal Clerk, Robert G. Bergen, Borough Attorney, Donald Norbut, Borough Engineer, Kevin Ahearn, Superintendent of Schools, Nilkanth Patel, Business Administrator/Board Secretary, Dennis Cherepski, School Board and David Fraytek, Board of Education Architect. The Meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Please note that due to a tape malfunction this meeting was transcribed solely from the notes taken by the Assistant Municipal Clerk. COUNCIL MEETING November 29, 200 ROLL CALL Silent Prayer/ Pledge of Allegiance Clerk's Note NOVEMBER 29, 2007 STATEMENT OF The Assistant Clerk stated that on December 27, 2006 the 2007 MEETING NOTICE Annual Meeting Notice was mailed to The Home News Tribune, The Star Ledger and posted on the Bulletin Board. MINUTES FOR Upon MMS &C by Councilmennbers Rios and Sitarz and APPROVAL unanimous affirmative vote of the five (5) Councilmembers present, the Minutes of October 4 and November 1, 2007, were approved, transcribed and engrossed by the Clerk. REGOGNITION RECOGNITION Carteret Girl Scout troop #1818. Mayor Rehman then introduced Debbie Elliott, the troop leader, to come forward. Debbie Elliot then introduced the girls from her Cadet Troop. She explained that they were working towards their Law and Order Badge and by observing this Council Meeting was helping them toward this. COMMENDATION COMMENDATION Daniel Gertsler Daniel Gertsler was awarded a Mayoral Conunnendation for becoming an Eagle Scout. Mayor Reiman explained as Daniel worked towards this accomplisluuent he did exceptional work with the clean up and maintenance of Carteret Park. PUBLIC HEARING, PUBLIC HEARING— Chronic Park Diversion. Re: Chrome Park Diversion This portion of the meeting was being postponed until later in the meeting, pending the arrival of the Court Transcriber. Public Portion PUBLIC PORTIONS ON RESOLUTIONS /AGENDA ITEMS AND NEW BUSINESS: 2 NOVEMBER 29, 200' Upon MMS &C by Councilmembers Rios and Naples and unanimous affirmative vote of the five (5) Comncilmennbers present, the public portion on Resolutions /Agenda Items and New Business was opened to the public. Please note that there were not conunnents from the public. Upon MMS &C by Councilmembers Rios and Naples and unanimous affirmative vote of the five (5) Councilmembers present, the public portion was closed. ORDINANCE #07 -31 was introduced and adopted on First Reading and the Assistant Clerk authorized and directed to advertise the same for Public Hearing to be held on December 20, 2007, Memorial Municipal Building, upon MMS &C by Councilmembers Rios and Naples. Upon individual roll call vote Councilmembers Bellino, Krum, Naples, Rios and Sitarz voted in the Affinnative. Councilmember Diaz was noted Absent. ORDINANCE #07 -31 "VACATING A PORTION OF SHAROT STREET IN THE BOROUGH OF CARTERET" The Assistant Clerk stated that Ordinance #07 -28 was introduced and passed upon First Reading at an Agenda Meeting of the Borough Council of the Borough of Carteret held on September 20, 2007. It was duly published in The Home News Tribune on November 13 and November 20, with notice that it will be considered for final passage after Public Hearing to be held on November 29, 2007 at approximately 6:00 P.M. The Ordinance was posted on the Bulletin Board and copies were made available Public Portion Cont: Public Portion Closed ORDINANCE #07 -31 "Vacating a Portion of Sharol Street in the Borough of Carteret" First Reading ORDINANCE #07 -28 "Appropriating $900,000.00 for Payment of Tax Appeals" 3 NOVEMBER 29, 2007 ORDINANCE #07 -28 Cont: to the general public and according to law, she read the Ordinance by title. Public Hearing Upon MMS &C by Councihnembers Naples and Rios and unanimous affinnative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open. Public Hearing There being no further comments or objections to the Ordinance Closed the Mayor declared the Public Hearing to be Closed upon MMS &C by Councilmembers Rios and Sitarz and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Rios and Sitarz ORDINANCE #07 -28 Adopted "ORDINANCE APPROPRIATING $900,000 FOR THE PAYMENT OF TAX APPEALS IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY" was finally Adopted. U pon individual roll call vote, Councilmembers Belfino, Kin , Naples, Rios and Sitarz voted in the Affirmative. Councihnernber Diaz was noted Absent. APPROVED AND ADOPTED: November 29, 2007 INTRODUCED: September 20, 2007 Advertised as Adopted First Reading with Notice of Public Hearing: November 23 & 20, 2007 Hearing Held: November 29 2007 Approved By: Mayor Daniel J. Reiman Advertised as Finally Adopted: December 7, 2007 ORDINANCE #07 -29 The Assistant Clerk stated that Ordinance 407 -29 was introduced "Amending & and passed upon First Reading at an Agenda Meeting of the Supplementing Article XV, Entitled Miscellaneous Provisions of Chapter 160, Land Development - Re: Accessory Buildings" 4 NOVEMBER 29, 200' Borough Council of the Borough of Carteret held on November 1, 2007. It was duly published in The Home News Tribune on November 6, 2007 with notice that it will be considered for final passage after Public Hearing to be held on November 29, 2007 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. Upon MMS &C by Councilmembers Naples and Rios and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open. There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C by Councilmembers Rios and Sitarz and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Krum and Sitarz ORDINANCE #07 -29 "AMENDING & SUPPLEMENTING ARTICLE XV ENTITLED, MISCELLANEOUS PROVISIONS, OF CHAPTER 160, LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET" was finally Adopted. Upon individual roll call vote, Councilmembers Bellino, Krum, Naples, Rios and Sitarz voted in the Affinuative. Councilmember Diaz was noted Absent. APPROVED AND ADOPTED: November 29, 2007 INTRODUCED: November 1, 2007 Advertised as Adopted on First Reading with Notice of Public Hearing: November 6, 2007 Hearing Held: November 29, 2007 Approved By: Mayor Daniel J. Reiman Advertised and Finally Adopted: December 7, 2007 5 ORDINANCE #07 -29 Cent: Public Hearing Hearing Closed Adopted :8 NOVEMBER 29, 2007 Consent Agenda Upon MINIS &C by Councilmembers Rios and Sitarz and individual roll call vote, Councilmembers Bellino, Krum, Naples, Rios and Sitarz voted in the Affinnative to approve the Consent Agenda. Councihnember Diaz was noted Absent. Resolutions 907 -285 tluli #07 -294 were introduced by the Mayor and referred to the Council for action: Upon MMS &C by Councilmembers Rios and Sitarz RESOLUTION #07 -285 "Various Raffle RESOLUTION H07-285 Licenses" "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSE" RESOLUTION #07 -286 "ABC License Transfer RESOLUTION #07-286 Edis Liquors, LLC "APPROVING ABC LICENSE #1201 -44- 034 -007 TRANSFER to Jason Kaplan" FROM EDIS LIQUORS, LLC TO JASON KAPLAN' RESOLUTION #07 -287 "Appointing School RESOLUTION #07 -287 Traffic Guards 2007 /APPG),TNTING SCHOOL TRAFFIC GUARDS FOR THE 2007- 2008" 2008 SCHOOL YEAR" RESOLUTION #07 -288 RESOLUTION #07-288 "Appointing Bob "APPOINTING BOB HEMSEL TO THE VETERAN'S AFFAIRS Hemsel, Re: Veteran's COMMITTEE" Affairs Committee" RESOLUTION #07 -289 RESOLUTION 407-289 "Endorsing Loan "ENDORSING LOAN APPLICATION FOR TREMCO Application, Re: DISPLAY, LLC AND HERITAGE CHRISTMAS, LLC" Tremco Display, LLC and Heritage Christmag, LLC" RESOLUTION #07 -290 RESOLUTION #07-290 "Aut4orizing A Tax "AUTHORIZING A TAX ABATEMENT FOR WHEELER Abatement for Wheeler COMMONS SENIOR PROJECT" Commons Sernior Project" NOVEMBER 29, 2007 RESOLUTION #07 -291 "AUTHORIZING A TAX ABATEMENT FOR WHEELER COMMONS SENIOR PROJECT" RESOLUTION #07 -292 "PROVIDING FOR TRANSFER OF SURPLUS FUNDS" RESOLUTION #07 -293 "PROPERTY TAX CANCELLATION" RESOLUTION #07 -294 "TAX AND OR SEWER FEES OVERPAYMENT" Were Adopted. Upon individual roll call vole, Conneilmembers Bellino, Krim, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Diaz was noted Absent. Please note that for Resolution 407 -291 Councilmembers Bellino, Krum, Rios and Sitarz voted in the Affirmative. Councilmember Naples Abstained. Councilmember Diaz was noted Absent. Upon MMS &C by Councihnembers Rios and Krum, all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote, Councilmembers Bellino, Krum, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Diaz was noted Absent. The Assistant Clerk stated that she was in receipt of a Communication from the Carteret Planning Board recommending the Council adopt ordinance to separately limit the size and height of accessory sheds and detached garages. Upon MMS &C by RESOLUTION #07 -29 "Tax Abatementfo Wheeler Commons Senior Project" RESOLUTION #07 -29 "Transfer of Surplus Funds" RESOLUTION #07 -29 "Property Tax Cancellation" RESOLUTION #07 -29 "Sewer Fees Overpayment" Adopted Resolution #07 -29 Adopted PAYMENT OF BILLS COMMUNICATION 7 NOVEMBER 29. 2007 Councilnnennbers Sitarz and Kruni and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. REPORTS Departments - Clerk's Office — October 2007. Healtln/Office on Aging — September 2007. Inspection of Buildings — October 2007. Treasurer /CFO — Certificate as to Signatures, Litigation, Delivery & Payment of $13.384,500 Bond Anticipation Note dated October 24, 2007. Upon MMS &C by Councilmembers Rios and Sitarz and unanimous affirmative vote of the five (5) Councilmembers present, al I Reports were ordered to be received and placed on file. Arrival of At approximately 5;15 P.M., the Court Reporter arrived and the Court Reporter Public Hearing on the Chronic Park Diversion began. Mi•. Fraytak, the Architect for the School Board, distributed to the Mayor and Council, a Borough of Carteret Zoning Map showing the land diversion. PUBLIC HEARING The Public Hearing was called to order by Mayor Daniel J. Reiman Chrome Park at approximately 6:20 P.M. Diversion Upon individual roll call the following were noted present ROLL CALL Councilmember Vincent Bellino Randy Krum " Susan Naples " Ronald G. Rios " Joseph W. Sitarz Noted Absent was Councilmember Jorge Diaz. 8 NOVEMBER 29, 2 Also noted present was Borough Attorney, Robert G. Bergen, Donald Norbut, Borough Engineer, Kevin Ahearn, Superintendent of Schools, Nitkanth Patel, Business Administrator/Board Secretary, Dennis Cherepski, School Board and David Fraytek, Board of Education Architect. Borough Attorney Robert Bergen explained that the Public Hearing was about the proposed Chrome Park Diversion, Donald Norbut, Borough Engineer, made a presentation. He explained that lie would be making the preliminary application to the State and went on to explain some of the specifics. He mentioned that with the land swap the Borough would receive two (2) acres of land for every acre taken and that if a school was built on the Chrome Park land, they would be using 2.66 acres for the school which would leave two (2) acres remaining. Kevin Ahearn, Superintendent of Schools, spoke on the statistics of the ratio of unhoused students and about the need for a new school. He also reported that the existing schools were in need of repairs. He said the new school would be a Grammar School. David Fraytak, Architect for the School Board spoke. He explained that he conducted the Site Investigation Study and the findings were that out of all the parks in Carteret, Chronic Park would be the only viable one to build a school on. Mayor Reiman explained that the school would be a Neighborhood School, which is a school that the children in the vicinity would attend. He then asked Mr. Norbut to inform the public of his qualifications. Mr. Norbut complied with the Mayor's request and then explained that if the plan is accepted by the state there can be no restriction in the use of the property. He explained that we will have approximately 2.7 usable acres and used the map as lie explained some specifics of the land diversion. DISCUSSION Robert Bergen, Esq. Donald Norbut, Borough Engineer Kevin Ahearn David Fraytak Mayor Reiman 9 NOVEMBER 29, 2007 Mayor Reiman then asked Mr. Ahearn's opinion in reference to expanding the Middle School. Mr. Ahearn said his opinion is that it would not be conducive to the needs of the students. Donald Norbut explained that there are many vacant Brownfield sites but they are contaminated. Mayor Reiman then asked for the Public Hearing to be opened to the public. Public Hearing Upon MMS &C by Councihnembers Sitarz and Krum and Opene& unanimous affirmative vote of the five (5) Cmuncilmembers present, the Mayor declared the Public Hearing to be open. Ron Morrison Ron Morrison — 30 Salem Avenue spoke, he said he was raised in Carteret and attended the schools here. He disagreed with having only part of the park being usable. He questioned if it was a good idea to build a school there and then conunented that they will need a school yard for recess time. Marianne Marianne Smeal — Washington Avenue spoke. She questioned if Smea l the plan goes through will the people of the town vote on it. Mayor Reiman explained that if it goes that far any monies that goes toward it will be put on a referendum. Rhoda Rhoda Weissman — 31 Minute Street spoke. She questioned if Weissman there was any thought given to parking plans for that school and if so would it be on the street or built into the school. Mayor Reiman explained to her that there are no actual plans for the school building as of yet. Nancy Nancy Novak — She explained that she lives in the Shorecrest area Novak and commented that she did not feel there is a lot of Recreation Facilities there. She then asked if there was any thought of making 10 NOVEMBER 29, 2007 Public Hearing the Middle School back to an Elementary School. She commented Cont: that building is not equipped for a Middle School. Superintendent Ahearn said her suggestion would be taken into consideration.' Pat Tozzi — He spoke commenting that the schools are 453 Pat Tozzi students over capacity and if this plan goes through it will be okay for a while, but, when the population continues to grow it will again be crowded. He said not only is a present plan needed but a future one is also needed. Superintendent Ahearn told Mr. Tozzi that his suggestion will be considered. Eric Chubenko - Executive Director of the Housing Authority and Eric Chubenko Carteret Redevelopment Agency then spoke. He said he is in full support of the diversion and in his opinion Chrome Park is a natural field for the diagram . Talisa Andrews — She spoke in support of the Diversion She Talisa Andrews explained that now Chrome Park is mostly used by adults and if a school is built there maybe it will divert the drug use because it will become a Drug Fee School Zone. She spoke on how we are in need of a school. Upon MMS &C by Councilmembers Rios and Naples and Public Hearing unanimous affirmative vote of the five (5) Councilmembers Closed present, the Public Hearing was Closed. Council President Rios asked Don Norbut if he feels the State will DISCUSSION be favorable to the application. Mr. Norbut explained that the decision will be after a long procedure. The State will look over everything examining all the aspects. NOVEMBER 29, 2007 DISCUSSION Councilmember Bellino commented that our Borough does not Cent: lack recreation for the children. They have Basketball, Baseball and Soccer that run through all the seasons. Councilmember Naples questioned if we could design the school using less land in Chrome Park. She would like the park to be utilized efficiently. Mayor Reiman said he is sufficiently satisfied that the remaining land will provide what the town needs in park use and amenities. Councilmember Sitarz asked the School Board Architect if he is looking into the future growth of the town. David Fraytak, the Architect, said he always looks at the filure growth of the town. Mayor Reiman then asked for a motion to send the application for the Chrome Park Diversion to the State. RESOLUTION #07 -295 was introduced by the Mayor and referred to the Council for action. RESOLUTION Upon MMS &C by Councihnembers Naples and Sitarz #07 -295 "Chrome RESOLUTION #07 -295 Park Diversion" "CHROME PARK DIVERSION" (This resolution was not received from attorney) Adopted was Adopted. Upon individual roll call vote Councilmenmbers Bellino, Krunm, Naples, Rios and Sitarz voted in the Affirmative. Councilmember Diaz was noted Absent. 12 NOVEMBERQ29„ 2007 Mayor Reiman explained that this is the first step in the process. It said the process could take a year and there will be more Public Hearings and it will be put on a referendum if passed. Attorney Bergen said they will start the process. DISCUSSION Cent: Mayor Reiman then asked for a five (5) minute recess. Meeting Recessed At approximately 7:10 P.M. this meeting recessed. Mayor Reiman then reconvened the meeting at approximately 7:15 Meeting Reconvene P.M. Upon individual roll call vote the following were noted present ROLL CALL Councihnember Vincent Bellino Randy Krum " Susan Naples " Ronald G. Rios " Joseph W. Sitarz Noted Absent was Councilmember Jorge Diaz. Also noted present was Borough Attorney Robert Bergen. Committees COMMITTEES BUILDING AND GROUNDS - Committee Chairperson Naples reported Progress. FINANCE — hr the absence of the Committee Chiarperson Diaz Councihnember Naples reported Progress. 13 NOVEMBER 29, 2007 COMMITTEES Cont: FIRE — Committee Chairperson Krum reported Progress. PARKS, RECREATION & PUBLIC PROPERTY — Conunittee Chairperson Bellino reported that the tree lighting in the park will be December 14 " He then reported Progress. PUBLIC WORKS — Committee Chairperson Rios reported that Public Works is preparing for snow. Progress. BOARD OF EDUCATION — Committee Chairperson Naples reported that the Parent /Teacher Conferences were this week and they were well attended and the High School football team is going for the Championship. MEETING Upon MMS &C by Councilmembers Rios and Sitarz and ADJOURNED unanimous affirmative vote of the five (5) Councilmembers present, after no finther discussion, at approximately 7:20 P.M., this meeting was Adjourned. Respectfully submitted, LINDA A. RIVERA, Assistant Municipal Clerk LAR 14