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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 1 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. 2 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. 3 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. 11 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: 5 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 3 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. 7 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 E3 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 01 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 10 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 11 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 12 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. 13 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. 14 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 15 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 16 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 17 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" X43 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