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Home My Public Portal About04-28-11cAPRIL 28, 2011 A Regular Meeting of the Mayor and Council of the Borough of AGENDA MEETING Carteret was called to order by Mayor Daniel J. Reiman at 6:00 Aoril 28, 2011 P.M., Thursday, April 28, 2011, Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call vote the following were noted present: PRESENT Councilmember Jorge Diaz " Dennis DiMascio " Randy Krum Susan Naples Noted Absent were Councilmembers Vincent Bellino and Joseph W. Sitarz. Also noted present was Kathleen M. Barney, Municipal Clerk and Robert J. Bergen, Borough Attorney. Mayor Reiman asked that the three (3) month old baby that died Mayor Reiman at the accident at the Interchange and Sergeant Scott Strohmeier, from Carteret be included in the moment of silent prayer. He said Sergeant Strohmeier died at the age of thirty -four at his home in North Carolina. He was a fifteen (15) year veteran in the United States Army, who served two (2) tours in Iraq. The meeting was opened with a minute of silent prayer and the Minute of Silent Pledge of Allegiance led by Mayor Daniel J. Reiman. Prayer /Pledge of Allegiance The Clerk stated that on January 3, 2011 the 2011 Annual Meeting STA'T'EMENT OF Notice was mailed to The Home News Tribune, The Star Ledger MEETING NOTICE and posted on the Bulletin Board. It was published on January 4, 2011. 1 APRIL 28, 2011 MINUTES FOR Upon MMS &C by Councilmembers Krum and Naples and APPROVAL unanimous affirmative vote of the four (4) Councilmembers present, the Minutes of April 7, 2011 were approved and transcribed and engrossed by the Clerk. COMMENDATIONS Capt. Richard Bonner. Firefighter James McKinney. Mayor Reiman asked Firefighter McKinney to come forward. Captain Bonner was not present at this time. Firefighter Mayor Reiman explained that firefighter McKinney had gone James McKinney above and beyond his duties and acted in the true tradition of the fire service, explaining that on March 14, 2011 he had been working off duty as a Fire Watch for a contractor at the Kinder Morgan Facility when a high pressure gasoline leak developed from a near -by sixteen (16) inch valve. He then quickly instructed the welders to evacuate the area and as it was being evacuated a large pressurized gasoline fire occurred. As they reached a safe area Firefighter McKinney noticed a welder had fallen close to the area on fire and without regard to his own safety he went back to the area and dragged the welder to safety and after rescuing the welder he went back to the fire and using a large portable fire extinguisher he tried to keep the fire in check until the Fire Department arrived. Mayor Reiman then presented a commendation to Firefighter McKinney. ORDINANCE #11 -9 ORDINANCE #11 -9 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Providing for Hearing to be held on May 19, 2011 upon MMS &C by Improvements from the Capital Improvement Fund, Fund Balance and Reserves for 2011 Various Capital Improvements 0) APRIL 28, 2011 ORDINANCE #11 -9 Councilmembers Krum and Diaz . Upon individual roll call vote Cont: Councilmembers Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmembers Bellino and Sitarz were noted Absent. ORDINANCE H11-9 First Reading "AN ORDINANCE PROVIDING FOR IMPROVEMENTS FOR THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRIATING $1,492,000 FROM THE CAPITAL IMPROVEMENT FUND, FUND BALANCE AND RESERVES FOR THE 2011 VARIOUS CAPITAL IMPROVEMENTS OF THE BOROUGH FOR THE COST THEREFOR" ORDINANCE #11 -10 was introduced and adopted on First Reading ORDINANCE #11 -10 and the Clerk authorized and directed to advertise same for Public Hearing to be held on May 19, 2011 upon MMS &C by Vacating a Porticr Councilmembers Krum and DiMascio . Upon individual roll call of Germak Drive in the Borough vote Councilmembers Diaz, DiMascio, Krum and Naples voted in of Carteret the Affirmative. Councilmembers Bellino and Sitarz were noted Absent. ORDINANCE #11 -10 First Reading "VACATING A PORTION OF GERMAK DRIVE IN THE BOROUGH OF CARTERET" Mayor Reiman explained that this is for the revitalization effort for the West Carteret corridor. ORDINANCE #11 -11 was introduced and adopted on First Reading ORDINANCE #11 -11 and the Clerk authorized and directed to advertise same for Public Requiring All Hearing to be held on Drreniber 19, 2011 upon MMS &C by Youth . Organizations Councilmembers Naples and Krum. Upon individual roll call vote that Avail Councilmembers Diaz, DiMascio, Krum and Naples voted in the Themselves of Borough of Carteret Facilities or Reeive Local Furlirg co Attend any Fora# Fdrurtional Seminars on the Prevention of Bullying, Drug Use, 3 Catg Violerce and any Other Sccial ` Dneats to Youth Health ant Safety CRDIIIikE #11 -11 Cast' Affirmative. Councilmembers Bellino and Sitarz were noted Absent. FirstReahxg "REQUIRINGALL YOUTH ORGANIZATIONS THAT AVAIL THEMSELVES OF BOROUGH OF CARTERET FACILITIES OR RECEIVE LOCAL PUBLIC FUNDING TO ATTEND ANY BOROUGH EDUCATIONAL SEMINARS ON THE PREVENTION OF BULLYING, DRUG USE, GANG VIOLANCE AND OTHER SOCIAL THREATS TO YOUTH HEALTH AND SAFETY" CaKnilrerher Councilmember Naples said she thought it is a brilliant idea. Nsp1es Cast lr Councilmember Diaz questioned the scheduling. Diaz %yor Reinan Mayor Reiman said we would introduce it this year and look to start it at the end of this year or next year and explained what they would require is one (1) to two (2) hours broken up during the calendar year and our Police Department would teach the program. He said it could be as simple as four (4) half hour videos that the kids have to watch as a group, team or league and can be watched during their sport season. 1Ublic Portion Upon MMS &C by Councilmembers Diaz and Krum and unanimous on Resolutions/ affirmative vote of the four (4) Councilmembers present, the Agenda Itars and public portion on Resolutions /Agenda Items and New Business New l-sir ess was opened to the public. There were no comments from the public. Public Portion Upon MMS &C by Councilmembers Diaz and Krum and unanimous Closed affirmative vote of the four (4) Councilmembers present, the public portion was closed. 4 CRDROAU #11 -11 Cont. Affirmative. Councilmembers Bellino and Sitarz were noted Absent. First Reading "REQUIRING ALL YOUTH ORGANIZATIONS THAT AVAIL THEMSELVES OF BOROUGH OF CARTERET FACILITIES OR RECEIVE LOCAL PUBLIC FUNDING TO ATTEND ANY BOROUGH EDUCATIONAL SEMINARS ON THE PREVENTION OF BULLYING, DRUG USE, GANG VIOLANCE AND OTHER SOCIAL THREATS TO YOUTH HEALTH AND SAFETY" Camil[MAX -r Councilmember Naples said she thought it is a brilliant idea. Niles CoLmihnernber Councilmember Diaz questioned the scheduling. Diaz %yor Ra'rran Mayor Reiman said we would introduce it this year and look to start it at the end of this year or next year and explained what they would require is one (1) to two (2) hours broken up during the calendar year and our Police Department would teach the program. He said it could be as simple as four (4) half hour videos that the kids have to watch as a group, team or league and can be watched during their sport season. Rublic Portion Upon MMS &C by Councilmembers Diaz and Krum and unanimous on Resolutions/ affirmative vote of the four (4) Councilmembers present, the Agerda ltErM ar>d public portion on Resolutions /Agenda Items and New Business INbw Business was opened to the public. There were no comments from the public. Public Ibrticn Upon MMS &C by Councilmembers Diaz and Krum and unanimous Closed affirmative vote of the four (4) Councilmembers present, the public portion was closed. 4 • : • Captain Bonner was then present. Mayor Reiman then spoke about his commendation. He said on March 14, 2011 at approximately 9:30 P.M., Captain Bonner was returning home on the New Jersey Turnpike near Interchange 9 when he observed a bus starting to weave and drift on to the shoulder in front of him. He saw the bus strike a light pole and go across three (3) lanes of traffic landing in a small ravine. He then pulled over and using his personal medical bag began to triage and render medical assistance to the injured and contacted the State Police and immediately put a request in for five (5) ambulances and three (3) paramedic units. His quick actions was credited in every paper as the "OFF DUTY" firefighter who went above and beyond his duties. He assisted the State Police in the investigation and is now helping the NTSB with their investigation. He helped over forty (40) victims. Mayor Reiman then presented Captain Bonner with a commendation. #11 -78 Authorizing Reduction of Performance Guaranty— 800 RET,=UU Roosevelt Avenue. Mayor Reiman explained a company will post this during construction and as the work is near complete we reduce it. #11 -79 Supporting A -3412 Sharing the Burden of Property Assessment Appeal Refunds. 5 RE�OLUI M Cant' Mayor Reiman explained we fund all the tax appeals showing as an example that the monies we collect go to the county the municipality and the school board, but, when a company or resident files a tax appeal we fund one hundred percent of that appeal. He said there is a bill that would provide for any dollars that we spend and give back would be recouped from the entity and actually be received as dollars. #11 -80 Accepting and Authorizing Execution of Municipal Alliance Grant. #11 -81 Authorizing Court- Ordered Funding for Special Master in the Action Captioned "NJDEP v. Occidental Chemical Corporation, et als ". Mayor Reiman said we will be sharing a joint counsel. #11 -82 Authorizing Court - Ordered Payment of Liaison Counsel Fees in the Action Captioned "NJDEP" v. Occidental Chemical Corporation, et als." #11 -83 Authorizing Court- Ordered Funding for Electronically Stored Information ( "ESI ") Consultant in the Action Captioned "NJDEP" v. Occidental Chemical Corporation. Mayor Reiman explained the New Jersey Department of Environmental Protection is suing the Occidental Chemical Corporation for contamination along the Arthur Kill. He said Occidental Chemical has gone back and any entity that operated a sewer treatment plant in the 1950's, 1960's, 1970's or 1980's have been brought into the law suit and now Occidental is now trying to bring in all of the municipalities along the Passaic River and along the Arthur Kill Channel into that law suit. #11 -84 Authorizing Issuance of a Taxicab Owner's License - Northeast Livery Service. #11 -85 Professional Services — CME Associates, Re: Downtown Business District Parking Improvements. 6 • "1 : 1 Mayor Reiman said this is directing the SID to implement. He explained we will approve it and authorize it but it will be paid for by SID. #11 -86 Authorizing Issuance of Taxicab Driver's Licenses. #11 -87 Budget Insertion from the NJ Department of Transportation. #11 -88 Refund of Tax and /or Sewer Fee Overpayments. #11 -89 Ratifying Amendment to the Redevelopment Agreement for a Portion of the West Carteret Minue Street Retail Redevelopment Area. Mayor Reiman explained that this was part of the PC Richards Agreement and has to deal with some land acquisition along the intersection for future improvements. Mayor Reiman then asked if there were any questions on any of the resolutions from the Governing Body. There were no questions from the Governing Body. Mayor Reiman then asked for a motion on the Consent Agenda. Resolutions #11 -78 thru #11 -89 were introduced by the Mayor and referred to the Council for action. Upon MMS &C by Councilmembers Diaz and Krum RESOLUTION #11 -78 "AUTHORIZING REDUCTION OF PERFORMANCE GUARANTY -800 ROOSEVELT AVENUE" RESOLUTION #11 -79 "SUPPORTING A -3412 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS. WO lY lIYf::.SRi • 1:1 a 's11 '.• •0.1 • 7 t ULIJJTCIN #11 -80 �kCEptirg an d Authorizitg bcecution Of Manicipal Alliame RESOLUTION #11 -80 Grant "ACCEPTING AND AUTHORIZING EXECUTION OF MUNICIPAL ALLIANCE GRANT" RE�I.UIICtV #11-81 'Alittnrizisg Carat RESOLUTION #11 -81 OL�red FLrdirg for ,tecia Master "AUTHORIZING COURT - ORDERED FUNDING FOR SPECIAL MASTER in ttr- Action Captioned IN THE ACTION CAPTIONED "NJDEP" v. OCCIDENTAL CHEMICAL 'kW' v. 0m'de'tal Q l CORPORATION et als" Corporation, et ads' RE�7MCN #11 -82 RESOLUTION #11 -82 Althoriziig Carat- "AUTHORIZING COURT - ORDERED PAYMENT OF LIAISON COUNSEL OcdO gl Payllult of Liaison Ca _¢isel Fees in d Action Captioned I tUwll v, 0- midental O-argcal Corp. et ads' RE9a MON #11 -83 %iftrizitg Camt- a Harding for Edectm deafly Stored R forlation (ESI) Consultant in the Action Captioned "NJDEV' v. Ctcidental O'rrdcal Corp. et ads" FEES IN THE ACTION CAPTIONED "NJDEP" v. OCCIDENTAL CHEMICAL CORPORATION, et als" RESOLUTION #11 -83 "AUTHORIZING COURT - ORDERED FUNDING FOR ELECTRONICALLY STORED INFORMATION ( "ESI ") CONSULTANT IN THE ACTION CAPTIONED "NJDEP" v. OCCIDENTAL CHEMICAL CORPORATION, et als" RESOLUTION #11 -84 "AUTHORIZING ISSUANCE OF A TAXICAB OWNER'S LICENSE — NORTHEAST LIVERY SERVICE" d E9=CN #11 -84 %iffior zing Issuance of a Taxicab Q,ner's License - Nortdvast livery Service' RE�JMCN #11 -85 "Ficfessicnal Services GE Associates, Re: Dactum Lasiness District Rari Egxvvsnm& RESOLUTION #11 -85 PROFESSIONAL SERVICES — CME ASSOCIATES, RE: DOWNTOWN BUSINESS DISTRICT PARKING IMPROVEMENTS" RESOLUTION #11 -86 "AUTHORIZING ISSUANCE OF TAXICAB DRIVER'S LICENSES" "12�CN #11 -86 RESOLUTION #11 -87 ' ftrizi g ISaare of "BUDGET INSERTION FROM THE NJ DEPARTMENT OF Taxicab fiver's License!' TRANSPORTATION" RLSOLMCN #11 -87 'bAet hrSertlon' the NJ Deparhtr�t of Transportation" .. e Upon MMS &C by Councilmembers Diaz and Krum, all bills PAY4NP OF BILLS appearing on the prepared list, properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Bellino and Sitarz were noted Absent. Departments - RIICRIS Health /Office on Aging - January, February & March 2011. Upon MMS &C by Councilmembers Krum and Naples and unanimous affirmative vote of the four (4) Councilmembers present, all Reports were ordered to be received and placed on file. COMMITTEES- cnl+ � BUILDINGS &GROUNDS: Committee Chairperson Naples reported the department is performing routine maintenance. They are Gl RFSIITPICN #11 -88 RESOLUTION #11 -88 "Refiixl of Tax "REFUND OF TAX AND /OR SEWER FEE OVERPAYMENTS" asor� Fee RESOLUTION #11 -89 RE9DMCN #11 -89 "RATIFYING AMENDMENT TO THE REDEVELOPMENT AGREEMENT "Ratifyir�g FOR A PORTION OF THE WEST CARTERET MINUE STREET RETAIL l nailre it to 11t REDEVELOPMENT AREA" Agr �ream3�t for a Portion of ft 1%bst were Adopted. Upon individual roll call vote Councilmembers Carteret Miswe Streel Diaz, DiMascio, Krum and Naples voted in the Affirmative. R� R�levdopnmt Councilmembers Bellino and Sitarz were noted Absent. ADOPIFD Upon MMS &C by Councilmembers Diaz and Krum, all bills PAY4NP OF BILLS appearing on the prepared list, properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Bellino and Sitarz were noted Absent. Departments - RIICRIS Health /Office on Aging - January, February & March 2011. Upon MMS &C by Councilmembers Krum and Naples and unanimous affirmative vote of the four (4) Councilmembers present, all Reports were ordered to be received and placed on file. COMMITTEES- cnl+ � BUILDINGS &GROUNDS: Committee Chairperson Naples reported the department is performing routine maintenance. They are Gl 01+ETEES Cont: beginning the spring planting, servicing the air conditioners and have expanded attic flooring for additional storage space over the Clerk's Office. FINANCE & ADMINISTRATION: Committee Chairperson Diaz reported the tax collection period will begin on May 1st with a ten (10) day grace period. He said all bills have been adjusted for the state to revise the Homestead Rebate Program and the 2011 Municipal Budget has been approved by the state to be compliant. He said the budget has been adopted and we have updated all finance software systems to include the adopted budget and reports have been sent to the departments showing the expenditures, encumbrances and allowances at this point. Continued progress. FIRE & DOMESTIC PREPAREDNESS — Committee Chairperson Krum reported this month ten (10) of our firefighters completed EMT Recertification Training, which consisted of twenty -four (24) hours of in -class and practical exercises. The Fire Department participated in the Special Olympics at Carteret High School and provided Emergency Medical Services for the event and the Career and Volunteer Departments attended a training about live firefighting and search and rescue exercises at the Fire Academy. Progress. PARKS, RECREATION & PUBLIC PROPERTY: Mayor Reiman reported Progress in this department in the absence of Committee Chairperson Bellino. POLICE: Mayor Reiman reported Progress in this department in the absence of Committee Chairperson Sitarz. PUBLIC WORKS: Committee Chairperson DiMascio reported Progress in this department. 10 BOARD OF EDUCATION: Committee Chairperson Naples reported that the School District received word that they were evaluated as a high performing district from the Acting Education Commissioner of the State of New Jersey based on their scores graded for instruction and program, fiscal management, operations, personnel and governance . She said two (2) areas were one hundred (100), ninety -five (95), ninety -four (94) and eighty -three (83), so for a period of three (3) years they certified their district and congratulated us on the accomplishment as a school district. She said yesterday at the School Board Election the voters approved the budget by over two - hundred (200) votes and she sent best wishes to the newly elected School Board Members, Jerome Mitchell, Lydia Singura and Andrew Halkovich. MAYOR - Proclamation — National Drinking Water Week, May 1 -7, 2011. FF0aAMk7TCV.- National Drinkig Mayor Reiman read this proclamation into the record: j'bter 1 'bek "Whereas, water is our most valuable natural resource; and Whereas, only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and Whereas, any measure of a successful society -low mortality rates, economic growth and diversity, productivity and public safety -are in some way related to access to safe water; and Whereas, we are all stewards of the water infrastructure upon which future generations depend; and 11 Whereas, each citizen of our community is called upon to help protect our source waters from pollution to practice water conservation and to get involved in local water issues; Now, Therefore, be it resolved that by virtue of the authority vested in me as Mayor of the Borough of Carteret I do hereby proclaim May 1 -7 2011 as "Drinking Water Week". %yor Redd Mayor Reiman said earlier that day they had their annual Re: Vbrkers "Workers Memorial Day" He said OSHA was signed in 1970, it was MmDrial Lay the efforts of the AFLCIO and many other trade unions and organizations that fought to ensure public safety and private safety of employees working at various facilities. He said through our history in Carteret we have lost four (4) employees, one (1) firefighter, two (2) police officers and one (1) individual from an industrial accident at our municipal garage. He reported that one (1) worldwide employee or worker dies every fifteen (15) seconds from a work related accident, close to six hundred thousand (600,000) individuals die each and every year due to work force issues so we are fortunate that we have these OSHA protections. He then asked that we remember all that have died due to work place injuries and think about what we can do to make the work place safer. ADJaR'UD After no further discussion, upon MMS &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the four (4) Councilmembers, at approximately 6:20 P.M., this meeting was Adjourned. CATHLEEN M. BARNEY,MMC Municipal Clerk KMB /Ir up