HomeMy Public PortalAbout06-16-11cJure 16, 2011
The Regular Meeting of the Mayor and Council of the Borough of Council Meeting
Carteret was called to order by Mayor Daniel J. Reiman, 6: 00 P.M.,
Municipal Building, 61 Cooke Avenue, Carteret, New Jersey on
Thursday, June 16, 2011.
Upon individual roll call, the following were noted present:
Councilmember Vincent Bellino
" Jorge Diaz
Dennis DiMascio
Randy Krum
" Susan Naples
Joseph Sitarz
Also noted present was Borough Attorney Robert J. Bergen and the
Municipal Clerk Kathleen M. Barney, MMC.
The meeting was opened with a minute of silent prayer and the
Pledge of Allegiance led by Mayor Daniel J. Reiman.
Roll Call
Also Noted Present
Silent Prayer /Pledge
of Allegiance
The Clerk stated that on January 3, 2011, in full compliance with the Statement of Meeting
Open Public Meetings Act, a notice of tonight's meeting was sent to Notice
The Home News Tribune, The Star Ledger and posted on the bulletin
board. Notice was also published on January 4, 2011,
Upon MMS &C, by Councilmember Diaz and Sitarz and unanimous Approval of Minutes
affirmative vote of the full membership present, the minutes of June
2, 2011 were approved as transcribed and engrossed by the Clerk.
Commendations —
a) Antoran Chandler- First Home Run
Commendations
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June 16, 2011
Mayor's Scholarship Mayor Reiman said that Antoran cannot join them this evening so his
"Children Charity
Trust Fund award will be held for the next. Council Meeting. Along with that
presentation comes a $100.00 scholarship from his Charity Trust
Fund.
Scholarship
Mrs. Gruskowski b) Mayor's Charity / Danielle Gruskowski Memorial Scholarship
Winners.
The Mayor asked Mrs. Gruskowski to join him in presenting the
following scholarships:
Lorraine McGrath
Laura Roman
Tori Harrington
Arminder Singh
Vanessa Hudacko
Joey Nario, Jr.
Sarah Androvich
Paul Silva, Jr.
Joy Hoglund
Stephanie Hemsel
not present
not present
not present
not present
not present
present
not present
present
present
present
Retirees c) David Csimbok, Gary Guiliano, Mark Makwinski, Stanley
Singura.
Mayor Reiman announced that before the retiree presentations, they
will vote on Resolution #11 -124, appointing a Firefighter so that we
can get some of the firemen present, back on the road.
Open to Public Upon MMS &C, by Councilmembers Sitarz and Diaz and unanimous
affirmative vote of the full membership present, the meeting was
open to the public on Resolution #11 -124.
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June 16, 2011
Upon MMS &C, by Councilmembers Sitarz and Naples and unanimous Closed to Public
affirmative vote of the full membership present, the meeting was
closed to the public.
RESOLUTION #11 -124 was introduced by the Mayor and referred to Resolutiog
"Certifying
the Council for action. Jason Kurdyla"
Upon MMS &C, by Councilmembers Sitarz and Diaz
RESOLUTION #11 -124
"CERTIFYING JASON KURDYLA
FIREFIGHTER"
was adopted. Upon individual roll call vote, Councilmembers Bellino, adopted
Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative.
Jason Kurdyla was sworn in by Mayor Reiman.
Mayor Reiman presented retirement plaques to David Csimbok and Mayor Reiman -
Gary Guiliano. Mark Makwinski and Stanley Singura were not retirement Plaques
present.
Mayor Reiman called up Maritza Acevedo, CMS Arthur Maggs and Special Presentation
SGM Richard Burke. Councilman J. Diaz
The Mayor said they a Special Presentation with regard to a Patriot
Award. (ESGR Employer Support of the Guard and Reserve).
The gentleman stated Maritza husband is currently on assignment in
Iraq. Jorge Diaz is receiving this award with the capacity of Principal of
Roosevelt School in New Brunswick, for his understanding, help and
support to Maritza, a teacher, while her husband is deployed.
Councilman Jorge Diaz thanked them for this award.
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June 16, 2011
Danielle
Gruskowski The Mayor stated that Lorraine McGrath is a recipient of the Mayor's
Scholarship Charity Trust fund Scholarship. She is also the recipient of the Danielle
Gruskowski Scholarship. The Mayor and Mrs. Gruskowski presented
Lorraine with the awards.
Recess At approximately 6:16 P.M. a recess was held.
Reconvened At approximately 6:17 P.M. the meeting reconvened with the same
members present
Ordinance #11 -15 ORDINANCE #11 -15 was introduced and adopted on First Reading and
the Clerk authorized and directed to advertise same for Public
Hearing to be held July 7, 2011, upon MMS &C, by Councilmembers
First Reading Diaz and Sitarz. Upon individual roll call vote, Councilmembers
Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
Ordinance #11 -15
"Revaluation of REal
Property for the use
of Local Assessor"
ORDINANCE #11 -15
"ORDINANCE AUTHORIZING AN APPROPRIATION N.J.S. 40A:4 -53
PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF
REVALUATION OF REAL PROPERTY FOR THE USE OF LOCAL ASSESSOR"
Ordinance #11 -16 ORDINANCE #11 -16 was introduced and adopted on First Reading and
the Clerk authorized and directed to advertise same for Public
First Reading Hearing to be held July 7, 2011, upon MMS &C by Councilmembers
Sitarz and Diaz. Upon individual roll call, Councilmember Bellino, Diaz,
DiMascio, Krum, Naples and Sitarz voted in the affirmative for the
adoption.
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June 16, 2011
ORDINANCE 411 -16
"ORDINANCE APPROPRIATING $1,700,000 FROM VARIOUS FUNDS
AND ACCOUNTS FOR THE HEALTH AND WELLNESS CENTER IN AND BY
THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY"
Ordinance #11 -17 was introduced and adopted on First Reading and
the Clerk authorized and directed to advertise same for Public
Hearing to be held July 7, 2011, upon MMS &C, by Counciimember
Sitarz and Naples. Upon MMS &C, by Councilmembers Bellino, Diaz,
DiMascio, Krum, Naples and Sitarz voted in the affirmative for the
adoption.
ORDINANCE #11 -17
"FERTILIZER APPLICATION ORDINANCE"
The Clerk stated that Ordinance #11 -2 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council of the
Borough of Carteret held on January 27, 2011. It was duly published
in The Home News Tribune on June 1, 2011 with notice of final
passage after Public hearing to be held on June 16, 2011 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.
Mayor Reiman stated that this is in regards to the Chrome Waterfront
Redevelopment Plan. This is pursuant to the Consent Agreement with
DuPont Chemical.
Ordinance #11 -17
"Fertilizer Application"
First Reading
Ordinance #11 -2
Chrome t4atefront
Upon MMS &C, by Councilmembers Sitarz and Krum and unanimous Open to Public
affirmative vote of the full membership present, the Mayor declared
the Public hearing to be open:
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June 16, 2011
Closed to Public There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed upon MMS &C, by
Councilmembers Diaz and Sitarz and unanimous affirmative vote of
the full membership present.
Upon MMS &C, by Councilmembers Diaz and Naples
Ordinance #11 -2 ORDINANCE #11 -2
Amending Ordinance #03 -07 "AN ORDINANCE OF THE BOROUGH OF CARTERET AMENDING
ORDINANCE #03 -07 RELATING TO BLOCK 5.02, LOTS 1.01, 1.02,2.01"
was finally adopted was finally adopted. Upon individual roll call vote, Councilmembers
Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
APPROVED AND ADOPTED JUNE 16, 2011
INTRODUCED JANUARY 27, 2011
Advertised as Adopted on First Reading.
with notice of Public Hearing June 1, 2011
Hearing Held June 16, 2011
Approved By Mayor Daniel J. Reiman
Advertised as Finally Adopted June 23, 2011
Ordinance #11 -7 The Clerk stated that Ordinance #11 -7 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council held
March 24, 2011. it was duly published in The Home News Tribune on
March 30, 2011. After Public hearing on April 7, 2011, the Ordinance
was carried. The Ordinance was duly published in The Home News
Tribune on June 1, 2011 with notice that it will be considered for final
passage after Public Hearing to be held June 16, 2011. The Ordinance
was posted on the bulletin board and copies were made available to
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June 16, 2011
the general public and according to law, she read the Ordinance by
title.
Upon MMS &C, by Councilmembers Sitarz and Krum and unanimous Open
affirmative vote of the full membership present, the Mayor declared
the Public Hearing to be open:
Kevin Urban asked what they are amending. Kevin Urban
Discussion
The Mayor said he will ask Victor from Beacon Planning to speak but
basically it's going to allow a slew of additional zoning or
redevelopment opportunities for the site. The Middlesex Avenue site
is approximately four (4) acres, between Middlesex and Industrial. It
is a Borough owned property that was initially put into a
redevelopment zone allowing only residential, that has been
expanded to allow additional types of uses.
Kevin Urban asked if it had to do with Nemoes Construction.
The Mayor said that Nemoes is in West Carteret on Roosevelt
Avenue.
Mr. Urban asked about the corner of Middlesex and Industrial
Avenue.
Mayor Reiman said nobody's been approved to build anything there
as of yet.
Mr. Urban asked if this was residential.
The Mayor explained that this is an amendment to the residential
plan. We're in negotiations with Neuman Refrigeration, the
distributor for a fried chicken franchise. They are looking to construct
a frozen food warehouse on part of the site.
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June 16, 2011
Mr. Urban mentioned attending a Zoning or Planning Board meeting.
...(inaudible)...
Discussion Mayor Reiman said the Zoning Board or Planning Board doesn't pass
Continued any Ordinance's. They recommended zoning changes. They haven't
approved any applications as of yet. This is industrial property and it
would allow for other types of industrial uses including market
stations, car washes as well as the frozen food warehouse.
Closed There being no further comments or objections to the Ordinance, the '
Mayor declared the Public Hearing to be closed upon MMS &C, by
Councilmembers Sitarz and Naples and unanimous affirmative vote of
the full membership present.
Upon MMS &C, by Councilmembers Diaz and Naples
Ordinance #11 -7 ORDINANCE #11 -7
Amending the " ORIDNANCE OF THE BOROUGH OF CARTERET IN THE COUNTY OF
Redevelopment Plan MIDDLESEX AMENDING THE REDEVELOPMENT PLAN FOR THE
for Middlesex Ave.
Redevelopment Area MIDDLESEX AVENUE REDEVELOPMENT AREA"
was finally adopted was finally adopted. Upon individual roll call, Councilmembers
eellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
APPROVED AND ADOPTED JUNE 16, 2011
INTRODUCED: MARCH 24, 2011
Advertised Adopted on First Reading as
with Notice of Public Hearing: March 30, 2011
Hearing Held: April 7, 2011
Ordinance Carried: April 7, 2011
Advertised for Public Hearing: June 1, 2011
Hearing Held: June 16, 2011
Approved By: Mayor Daniel J. Reiman
Advertised as finally adopted June 25, 2011
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June 16, 2011
The Clerk stated that Ordinance #11 -8 was introduced and passed
upon First Reading of the Borough Council of the Borough of Carteret
held on March 24, 2011. It was duly published in The Home News
Tribune on June 1, 2011 with notice that it will be considered for final
passage after Public Hearing to be held June 16, 2011 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.
Mayor Reiman said that this was initially introduced and referred to
the Planning Board. The Planning Board did not take action on these
particular amendments but they did refer over additional
amendments which are referred by Ordinance #11 -13. So for the
public, it is the Council's intent is to let this Ordinance as written die
but they will open to the public.
Ordinance #11 -8
Amending Chapter 160 -
Land Development
Discussion
Upon MMS &C, by Councilmembers Diaz and Bellino and unanimous Open
affirmative vote of the full membership present, the Mayor declared
the Public hearing open:
Steven Brizek from the firm of Azrak & Associates. He said they Steven Brizek, Esq.
represent potential objectors to the pending application for the
development of a gas station at 1365 -69 Roosevelt Avenue. He asked
to read a statement:
"Mayor and Council" we here to urge the Mayor and Council to
acknowledge that the process by which the Ordinances', both #11 -13 Comments
and #11 -8 have been considered thus far as in violation of the New
Jersey Sunshine Law, N.J.S.A.10:4 -6 and as a result, the adoption
tonight of either of those Ordinances' would be void and subject to
nullification if challenged in Superior Court and those responsible are
subject to the applicable penalties provided by law. A letter from our
office dated April 20, 2011 both to the Municipal Clerk and the
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June 16, 2011
Attorney Brizek
(Con t) Planning Board Secretary were advised pursuant to N.J.S.A 10:4 -19
that we were to be provided with all notices specified in these letters.
Nevertheless, we were not provided with timely and proper
notification of the Planning Board's consideration on or before May
25, 2011, the specific Ordinances' in question here and we were not
provided with timely and proper notification of the Mayor and
Council's consideration of them on June 2, 2011 and tonight on the
contrary, our knowledge of tonight's meeting and its purpose to
consider the adoption of the Ordinances as well as our knowledge of
the Planning Boards consideration of those Ordinances on April
27 and May 25 2011 came only as a result of our investigation of
the last several days both by telephone and by appearance in town
hall. Once having discovered that we had ...(inaudible)... earlier, that
the Sunshine Law had not been ignored or violated, we were still
required to file OPRA requests to obtain documentation for that
information ....(inaudible)... adverse consequences from these
Sunshine Law violations. Ordinances' have been considered and are
now about to be approved without our having had the opportunity to
object to and to offer expert testimony and evidence that might have
forestalled the adoption of what amounts to an unlawful spot zone
Ordinance with regard to 1365 -69 Roosevelt Avenue. The ordinances'
represent spot zoning at its worth. That fact cannot be matched by
any attempt to hide ... (inaudible)... overwhelming favorable impact on
the pending application to build a gas station on that site by
incorporating other changes that in theory might seem to affect other
properties. The following sequence is revealing. After the application
was submitted and we were retained in this matter, we were denied
the opportunity to copy pertinent documents from that applicant's
file. Once access to the file was at last obtained and it was discovered
that a paper street, Germak Drive was incorporated into the
proposed site development and that not all the variances that the
applicant required were ... (inaudible) ... while the application has been
technically on hold, obstacles to its approval have been removed not
by the applicant but by the action of the Planning Board and Mayor
and Council. How? Not providing Notice to us under the Sunshine Law
that the paper street had been vacated and without having provided
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June 16, 2011
notice under the Sunshine Law, the Ordinances that are being Attorney Brizek
considered tonight or were considered by the Planning Board provide (Con't)
changes to the Zoning code significantly bringing the application into
compliance with the zoning code. In effect, the ...(inaudible... had laid
low and the truck places (inaudible)... not by the applicant but by the
city fathers of Carteret. This Governing Body cannot allow the
... (inaudible) ... in this way and end up with an Ordinance that is a
product of a fundamental denial of due process.
There being no further comments or objections to the Ordinance, the Closed
Mayor declared the Public Hearing to be closed upon MMS &C, by
Councilmembers Diaz and Bellino and unanimous affirmative vote of
the full membership present.
Mayor Reiman said it is the intent to allow #11 -8 to die. He asked if No Action Taken
there were any motions.
There was no motion for adoption.
The Mayor said hearing none, Ordinance #11 -8 will die.
The Attorney said it will not be adopted.
The Mayor said it will not be adopted.
ORDINANCE #11 -8
"AMENDING AND SUPPLEMENTING VARIOUS SECTIONS OF CHAPTER
160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH
OF CARTERET"
The Clerk stated that Ordinance #11 -12 was introduced and passed Ordinance #11 -12
upon First Reading at a Regular Meeting of the Mayor and Council of
the Borough of Carteret held on May 19, 2010. It was duly published
in The Home News Tribune on May 24, 2011 with notice of that it will
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June 16, 2011
Open
Closed
be considered for final passage after Public Hearing to be held June
16, 2011 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 Sitarz and Naples and unanimous
affirmative vote of the full membership present, the Mayor declared
the Public hearing to be open:
There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed upon MMS &C, by '
Councilmembers Diaz and Sitarz and unanimous affirmative vote of
the full membership present.
Ordinance #11 -12 ORDINANCE #11-12
Refunding Bond "REFUNDING BOND ORDINANCE OF THE BOROUGH OF CARTERET, IN
Ordinance THE COUNTY OF MIDDLESEX, NEW JERSEY, PROVIDING FOR THE
REFUNDING OF ALL OR A PORTION OF THE OUTSTANDING CALLABLE
GENERAL IMPROVEMENT BONDS OF THE BOROUGH DATED
DECEMBER 1,1998, ISSUED IN THE ORIGINAL PRINCIPAL AMOUNT OF
$2,975,000 AND ALL OR A PORTION OF THE OUTSTANDING CALLABLE
GENERAL IMPROVEMENT BONDS OF THE BOROUGH DATED
NOVEMBER 15, 2002, ISSUED IN THE ORIGINAL PRIINCIPAL AMOUNT
OF $6,007,000, APPROPRIATING $4,750,000 THEREFOR AND
AUTHORIZING THE ISSUANCE OF $4,750,000 REFUNDING BONDS OF
THE BOROUGH FOR FINANCING THE COST THEREOF"
teas adopted was finally adopted. Upon individual roll call vote, Councilmembers
Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
Ordinance #11 -12
Bond Ordinance ORDINANCE #11 -12
Typed in Full "REFUNDING BOND ORDINANCE OF THE BOROUGH OF CARTERET, IN
THE COUNTY OF MIDDLESEX, NEW JERSEY, PROVIDING FOR THE
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June 16,2011
REFUNDING OF ALL OR A PORTION OF THE OUTSTANDING CALLABLE
GENERAL IMPROVEMNET BONDS OF THE BOROUGH DATED
DECEMBER 1, 1998 ISSUED IN THE ORIGINAL PRINCIPAL AMOUNT OF
$2,975,000, AND ALL OR A PORTION OF THE OUTSTANDING CALLABLE
GENERAL IMPROVEMENT BONDS OF HE BOROUGH DATED
NOVEMBER 15, 2002, ISSUED IN THE ORIGINAL PRINICIPAL AMOUNT
OF $6,007,000, APPROPRIATING $4,750,000 REFUNDING BONDS AND
AUTHORIZING THE ISSUANCE OF $4,750,000 REFUNDING BONDS OF
THE BOROUGH FOR FINANCING THE COST THEREOF"
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF "Bond Ordinance"
CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, (not less
than two - thirds of all members thereof affirmatively concurring) as
follows:
Section 1. The Borough of Carteret, in the County of Middlesex, New
Jersey ( "the Borough ") is hereby authorized to refund all or a portion
( of the Borough's $1,455,000 outstanding principal amount of General
Improvement Bonds, originally issued in the aggregate principal
amount of $2,975,000, dated as of December 1, 1998, which amount
matures on December 1 in each of the years 2011 through 2018
inclusive (the "1998 Refunded Bonds °)and which are subject to
redemption on or after December 1, 2009 at par, together with
accrued interest, if any, to the date fixed for redemption, and is
further authorized to refund all or a portion of the Borough's
$3,157,000 outstanding principal amount of General Improvement
Bonds, originally issued In the aggregate principal amount of
$6,007,000, dated as of November 15, 2002, which amount matures
on November 15 in each of the years 2012 through 2017,inclusive
(the " 2002 Refunded Bonds" and together with the 1998 Refunded
Bonds, the "Refunded Bonds ") and which are subject to redemption
on or after November 15, 2011 at par, together with accrued interest,
if any, to the date fixed for redemption.
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June 16, 2011
Bond Ordinance Section 2 . In order to finance the cost of the purpose
(Con't) described in Section 1 hereof and the costs of issuance associated
therewith, negotiable refunding bonds (the "Refunding Bonds') are
hereby authorized to be issued in one or more series in the aggregate
principal amount not to exceed $4,750,000 pursuant to the Local
Bond Law of the State of New Jersey.
Section 3. An aggregate amount not exceeding $125,000 for
items of expense listed in and permitted under N.J.S.A. 40A:2 -51 (b)
has been included in the aggregate principal amount of Refunding
Bonds authorized herein.
Section 4. The supplemental debt statement required by the
Local Bond Law has been duly prepared and filed in the office of the
Clerk, and complete executed duplicate thereof has been filed in the
office of the Director of the Division of Local Government Services in
the Department of Community Affairs of the State of New Jersey.
Such statement shows that the gross debt of the Borough as defined
in the Local Bond Law is increased by the authorization of the
Refunding Bonds and the notes provided in this refunding bond
ordinance by $4,750,000 and that amount representing the Refunded
Bonds will be deductible from gross debt. The obligations authorized
herein will be within all debt limitation prescribed by the Local Bond
Law.
Section 5. The purpose of the refunding is to effect a debt
service savings for the Borough as a result of lower interest rates in
the bond market.
Section 6. A certified copy of this refunding bond ordinance as
adopted on first reading has been filed with the Director of the
Division of Local Government Services in the Department of
Community Affairs of the State of New Jersey prior to final adoption
Section 7. The Mayor, the Chief Financial Officer, the Borough
Clerk and other appropriate representatives of the Borough are
hereby authorized to prepare such documents to publish such notices
and to take such other actions as are necessary or desirable to enable
the Borough to prepare for the sale and the issuance of the Refunding
Bonds authorized herein and to provide for the redemption of the
Refunded Bonds.
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June 16, 2011
Section 8. This refunding bond ordinance shall take effect 20
days after the first publication thereof after final adoption, as
provided by the Local Bond Law, provided that the content of the
Local Finance Board has been endorsed upon a certified copy of this
refunding bond ordinance as finally adopted.
Approved and Adopted:
June 16, 2011
Introduced:
May 19, 2011
Advertised as adopted on
First Reading with Notice
Of Public Hearing:
May 24, 2011
Hearing Held:
June 16, 2011
Approved By: Mayor
Daniel J. Reiman
Advertised as finally adopted:
Adopted
June 23, 2011
The Clerk stated that Ordinance #11 -13 was introduced and passed Ordinance #11 -13
upon First Reading at a Regular Meeting of the Borough Council of the
Borough of Council of the Borough of Carteret held on June 2, 2011. It
was duly published in The Home News Tribune on June 6, 2011 with
notice that it will be considered for final passage after Public Hearing
to be held June 16, 2011 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.
The Mayor said this was referred over from the Planning Board.
Upon MMS &C, by Councilmembers Diaz and Naples and unanimous Open
affirmative vote of the full membership present, the Mayor declared
the Public Hearing to be Open:
Attorney Steven Brizek stated that, not to belabor the issue, he would At torney Brizek
like to incorporate his comments with respect to #11 -8 and ask that Comments
the Mayor and Council consider them in connection with #11 -13. He
said he does have a point to make in the second "whereas clause "...
(inaudible)... the Mayor and Council to refer this matter back to the
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June 16, 2011
Planning Board. That does seem to be the language of the second
"whereas ".
Borough Attorney Bergen said it is his opinion that it is not necessary
to refer this back to the Planning Board as the Planning Board had the
first Ordinance, had it reviewed and this Ordinance incorporates all
the changes recommended by the Planning Board as part of that
process.
Steven Brizek said the recommendation ...(inaudible)... made, in view
of that would be that ... (inaudible) ... referred back to the Planning
Board as the second "whereas" clause suggests that it is the intention
of this Council to do so that the proper hearing can be conducted,
Discussion proper evidence could be introduced, proper experts could be
provided to the Planning Board so they can understand to equate the
implications of what they are doing in approving what would amount
to a spot zoning Ordinance which is subject to a ...(inaudible)... by the
Superior Courts of this State. Not only because it is a spot zoning
Ordinance that would be passed here but because it will have passed
in blatant violation of the Sunshine Law.
Attorney Bergen said, just in closing as you know, attorneys can make
accusations at any time about anything. I would just say to you that I
do not agree with the acccusations being made by the attorney. In
this case, I believe the Council and Clerk's Office has acted properly in
providing notice with regards to these matters and the Council has
acted properly and as this "whereas" provides, it has been referred to
the Planning Board already and it has come back ...(inaudible)... a
member of your Council who sits on your Planning Board who can
verify that fact.
Councilmember Diaz stated that as a member of the Planning Board,
the amended portion that we see here did encompass most of the
concerns that the Board members at the first Planning Board
meeting, regarding this particular case, made. So, I am pretty
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June 16, 2011
confident that it was tabled because there were some issues with
setbacks. Those have been re- visited and have been collected and
amended into this particular Ordinance. So, I am pretty confident that
this will encompass everybody's concerns and answer any of those
questions that were made at that previous meeting.
Attorney Brizek said, appreciating what the Council said, the problem Attorney Brizek
with regard to this Ordinance is apart from its errors plus its Continued
substantive provisions, is the manner in which the process was
carried out. Failing to give notice, when the notice was required
under the statute, present a fundamental flaw of due process,
... (inaudible) ... and in effect, ...(inaudible)... this Ordinance, a source of
self destruction, which is subject to review in the Superior Court, may
very well void this Ordinance because of the failure to provide the
requirements of the Sunshine Law.
Attorney Bergen said he is entitled to his opinion.
There being no further comments or objections to the Ordinance, the Closed
Mayor declared the Public Hearing to be closed upon MMS &C, by
( Councilmembers Sitarz and Diaz and unanimous affirmative vote of
the full membership present.
Upon MMS &C, by Councilmembers Diaz and Sitarz
ORDINANCE #11-13 Ordinance #11 -13
"AMENDING AND SUPPLEMENTING VARIOUS SECTIONS OF CHAPTER Various Sections of
160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH Chapter 160 -Land Development
OF CARTERET"
was finally adopted. Upon individual roll call vote, Councilmembers iaas adopted
Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
Approved and Adopted: June 16, 2011
Introduced: June 2, 2011
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June 16, 2011
Advertised as adopted on
First Reading with Notice
Of Public Hearing: June 6, 2011
Hearing Held: June 16, 2011
Approved By Mayor Daniel J. Reiman
Advertised as finally
Adopted: June 23, 2011
Ordinance #11 -14 The Clerk stated that Ordinance #11 -14 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council of the
Borough of Carteret held on June 2, 2011. it was duly published in The
Home News Tribune on June 6, 2011 with notice that it will be
considered for final passage after Public Hearing to be held on June
16, 2011 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
Open Upon MMS &C, by Councilmembers Diaz and Bellino and unanimous
affirmative vote of the full membership present, the Mayor declared
the Public Hearing to be open:
Closed There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed, upon MMS &C, by
Councilmembers Sitarz and Naples and unanimous affirmative vote of
the full membership present.
Upon MMS &C, by Councilmembers Diaz and Sitarz
Ordinance #11 -14 ORDINANCE 911 -14
Certificates of "AMENDING AND SUPPLEMENTING CHAPTER 99 ENTITLED
Habitability "CERTIFICATES OF HABITABILITY" OF THE CODE OF THE BOROUGH OF
CARTERET"
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June 16, 2011
was finally adopted. Upon individual roll call vote, Councilmembers adopted
Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the
affirmative for the adoption.
Approved and Adopted: June 16, 2011
Introduced:
June 2, 2011
Advertised as adopted on
First Reading with Notice
Of Public Hearing:
June 6, 2011
Hearing Held:
June 16, 2011
Approved By: Mayor Daniel J. Reiman
Advertised as finally
Adopted:
June 23,.2011
MEETING OPENED PUBLIC INPUT ON ALL RESOLUTIONS /AGENDA Resolutions
ITEMS AND NEW BUSINESS —
A copy of each Resolution was placed on the table for public review
prior to the meeting in accordance with the Rules of Council and upon
MMS &C by Councilmembers Diaz and Naples and unanimous
affirmative vote of the full membership present, the meeting was
opened for public input on all Resolutions /Agenda items and new
business.
MEETING CLOSED
There being no comments or objections to the Resolutions /Agenda
items or new business, upon MMS &C by Councilmembers Sitarz and
Bellino and unanimous affirmative vote of the full membership
present, the public discussion portion of the meeting was closed.
RESOLUTIONS —
Meeting Closed
19
June 16, 2011
Consent Agenda
Resolution #11 -113
Approving Fire -
Works for 7/2/11
Resolution #11 -114
Liquor Licenses
Authorized
Resolution #11-115
Opposing Passage
of-' A -3285
Resolution #11 -116
Urging Passage of
5- 2762/A -4084
Consent Agenda
Upon MMS &C by Councilmembers Bellino and Diaz Resolutions #11-
113 through 11 -123 & 11 -125 were adopted. Upon individual roll call
vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and
Sitarz voted in the affirmative.
#11 -113
#11 -114
#11 -115
#11 -116
#11 -118
Approving Fireworks for Carteret's 2nd of July Festival &
Ethnic Day Festival.
Authorizing Liquor License Renewals.
Resolution Opposing the Passage of A -3285.
Resolution Urging the Swift Passage of 5- 2762/A -4084.
Resolution of the Borough of Carteret, in the County of
Middlesex Designating GP 700 Blair Road, LLC as the
Redeveloper of a Portion of the Federal Blvd.
Redevelopment Area, Phase II and Authorizing the
Execution of an Agreement in Connection Therewith.
Resolution #11 -118
Designating GP 700
Blair Rd. LLC Redeveloper
of Portion of Federal
Blvd.
#11 -119
Resolution #11-119
Rejecting of Bids
Authorizing Rebidding
Annusl Emergency
Sewer Service
Resolution #11 -120
Tax Bills
Resolution #11-121
Special Impvt
District Properties
2011
Resolution #11-122
General Improvement
Authorizing the Rejecting of Bids & Authorizing
Rebidding Annual Emergency Sewer Services
Contract.
#11 -120 Resolution Authorizing the Borough of Carteret Tax
Collector to Prepare & Mail Estimated Tax Bills in
Accordance with P.L. 1994,c.72.
#11 -121 Resolution Approving Special Improvement District
Properties for 2011.
#11 -122 Resolution Determining the Form and Other Details of
Not Exceed $4,750,000 of General Improvement
20
June 16, 2011
Refunding Bonds of the Borough of Carteret in the
County of Middlesex, New Jersey or Such other
Amounts as Determined by the Chief Financial Officer
to Accomplish the Refunding on the Terms Approved
by the Local Finance Board Consistent with the
Refunding Provisions of the Internal Revenue Code and
Providing for the Sale & the Delivery of Such Bonds to
Roosevelt & Cross, Incorporated.
#11 -123 Resolution - N.J.S.A:4A- 53,54,55 &55.13. Resolution #11 -123
N.J.S.A :4A- 53,54,55
55.13
#11 -125 Appointing Special Police Officers.
Resolution #11 -125
Appointing Special
Police Officers
PAYMENT OF BILLS -
Payment of Bills
Upon MMS& C, by Councilmembers Diaz and Sitarz 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, Naples and Sitarz voted in the affirmative.
The Clerk stated that she was in receipt of the following reports: Reports
1. Inspection of Buildings - May 2011
Upon MMS &C, by Councilmembers Diaz and Sitarz and unanimous Received & Placed on
affirmative vote of the full membership present, all reports were File
ordered to be received and placed on file.
COMMITTEES -
Committees
Building & Grounds Committee Chairperson Naples reported that the Building & Grounds
Building & Grounds Department is working getting the Waterfront
ready for the July 2 "d Borough Festival. They also assisted in the Open
Mic evening at the Senior Center. They are working on the boiler
21
June 16, 2001
renovations in the Annex and installing photo - electric cells for the
outside lights out here and will be shortly working on the OEM
building to repair a roof and a wall. Thank You.
Finance & Finance & Administration Committee Chairperson Diaz reported that
Administration the Tax Collection period will begin on August V. We did pass a
Resolution tonight allowing the tax collection debt to produce and
create the estimated bills, because the State has not certified our
State Aid, rate and numbers. That may not be available until after the
State has adopted its 2011 -12 budget. In that case, if we don't have
the numbers, estimated tax bills will be generated for the P quarter.
Continued Progress.
Fire & Domestic Fire & Domestic Preparedness Committee Chairperson Krum
Preparedness reported that this month we had two volunteer firefighter complete
their incident command training at the Middlesex Fire Academy. We
also had one member attend the National Fire Academy in
Emmitsburg, Md. For a training class on safety during fire operations.
Also, on Saturday the Fire Department will be participating with
Kinder Morgan Co. conducting their large scale worse case scenario
drill. The drill will start at 7:00 A.M. and will conclude about 2:00 P.M.
He congratulated Mr. Kurdyla, he'll become a fine firefighter. He
reported progress.
Parks, Recreation Parks, Recreation & Public Property Committee Chairperson Bellino.
& Public Property
Mayor Reiman Mayor Reiman welcomed back Councilman Bellino from his illness
and God willing, he will be with us a long, long time.
Councilman Bellino said thank you.
Committee Chairperson Bellino said all you have to do is look outside
and look at the parks. People are there. People are enjoying our
recreational facilities. The parks department is low- manned but they
maintain over parks and keep them usable for our constituents.
22
June 16, 2011
Starting June, the golf mini - course will open up at the Waterfront.
The construction should be maintained by the middle of the month
on the extension of the pier. He reported progress in the department.
Police- Committee Chairperson Sitarz reported that we are in the Police
process of trying to get some bids to fix the light on the tower at
police headquarters for their radios. Capt. McFadden is looking into it
to see if we have to get a steeplejack or maybe we can get something
donated from one of the contractors. We are in the process of
interviewing Class II Police Officers. He reported progress.
Mayor Reiman told Councilman Sitarz to make sure the Capt. Is
following up on those hybrids. We should have six (6) additional
hybrids coming in for the Police Department.
Public Works Committee Chairperson DiMascio reported that the Public Works
roads he asked about a few weeks ago are paved now. They are
starting on the bridge over there. Our guys are out there filling the
pot holes from the winter and working hard. We have three new
trucks in and we're ready to go with them. He reported Progress.
Board of Education Chairperson Naples congratulated the High Board of Education
School guidance department. Mrs. Bellino is here. She worked very
hard on college night with Mrs. Derillo and the guidance department
got an exorbitant amount of donations and scholarships for our
students. It's good to see that in this economy, our businesses and
organizations are still donating to kids. She thanked them. Carteret
High School graduation is on June 23 6:30 P.M. Carteret Middle
School promotional June 22 at 6:30 P. M. Councilwoman Naples
made a statement, serving as the Council Liaison for the Office for the
Disabled. We have some very sad news today that the Executive
Director Mrs. Christine Oxner passed away untimely today.Our
condolences to her and her family. She will be very, very hard to
replace.
23
June 16, 2011
(
Adjourned There being no further business or discussion, Upon MMS &C, by
Councilmember Sitarz and Bellino and unanimous affirmative vote of
the full membership present, the meeting adjourned at
approximately 6:40 P.M.
Respectfully submitted,
KATHLEEN EN M. BARNEY, MMC
Municipal Clerk lJ
Vil