HomeMy Public PortalAbout07-21-11cJuly 21, 2011
The Regular Meeting of the Mayor and Council of the Borough of Carteret was Regular
called to order by Mayor Daniel J. Reiman, 6:00 P.M., Municipal Building, 61 IA-etug
Cooke Avenue, Carteret, New Jersey on Thursday, July 21, 2011.
Upon individual roll call, the following were noted present: Present
Council President Vincent Bellino
Councilmember.l. Diaz
D. DiMascio
R. Krum
J. Sitarz
Noted absent was Councilwoman Susan R. Naples. noted Absent
Also noted present was Borough Attorney Robert J. Bergen and Also Noted Present
Municipal Clerk Kathleen M. Barney.
The meeting was opened with a minute of Silent Prayer and the Silent Prayer/
Pledge of Allegiance led by Mayor Daniel J. Reiman. Pledge of
Allegiamz
The Clerk stated that on January 3, 2011, in full compliance with the Staterent of Meetirjg
Open Public Meetings Act, a notice of tonight's meeting was sent to Iwtice
the Home News Tribune, The Star Ledger and posted on the bulletin
board. Notice was also published on January 4, 2011.
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July 21, 2011
ALprroval. of Upon MMS &C, by Councilmembers Diaz and Sitarz and unanimous
Wnutes
affirmative vote of the five (5) members present, the minutes of July 7,
2011 were approved as transcribed and engrossed by the Clerk.
Auirds AWARDS:
Memorial Day Contest Winners-
a) Mary Julve -1 Place
b) Richard Zimmerman -2 Place
Mayor Reiman said that this was for Memorial Day House Decorating
Contest. He presented the awards which were gift cards from PC
Richards who sponsored the contest.
Ordirwr_e #11 -20 ORDINANCE #11 -20 was introduced and adopted on First Reading and
the Clerk authorized and directed to advertise same for Public Hearing
on , upon MMS &C, by Councilmembers Diaz and Bellino .
Adopted Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio,
Krum and Sitarz voted in the affirmative. Councilmember Naples was
noted absent.
Ordinance #11 -20 ORDINANCE #11 -20
Bond Or
)?rroviding " BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO CARTERET
r� for r or
Ipraverents to PARK IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF
Carteret Park MIDDLESEX, NEW JERSEY, APPROPRIATING $650,000 THEREFOR AND
AUTHORIZING THE ISSUANCE OF $650,000 BONDS OR NOTES OF THE
BOROUGH TO FINANCE PART OF THE COST THEREOF"
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July 21, 2011
Be it Ordained by the Borough Council of the Borough of Carteret, in
the County of Middlesex, New Jersey (not less than two- thirds of all
members thereof affirmatively concurring) as follows:
Section 1. The improvement described in Section 3 (a) of this Bora OLdirome
bond ordinance is hereby authorized to be undertaken by the Borough (con t)
of Carteret, in the County of Middlesex, New Jersey (the "Borough ") as
a general improvement. For the improvement or purpose described in
Section 3 (a), there is hereby appropriated the sum of $650,000,
including a Green Acres Grant in the amount of $325,000 (the "State
Grant "), and a Green Acres Loan in the amount of $325,000 expected
to be received. There is no down payment required pursuant to
N.1.S.A.40A:2- 26(e), as the improvement or purpose set forth in
Section 3(a) is partially funded by the State Grant,
Section 2. In order to finance the cost of the improvement or
purpose and in anticipation of the State Grant, negotiable bonds are
hereby authorized to be issued in the principal amount of $650,000
pursuant to the Local Bond law. In anticipation of the issuance of the
bonds, negotiable bond anticipation notes are herby authorized to be
issued pursuant to and within the limitations prescribed by the Local
Bond Law.
Section 3. (a) The improvement hereby authorized and the
purpose for the financing of which the bonds are to be issued is
improvements to Carteret Park, including all work and materials
necessary therefor and incidental thereto.
(b) The estimated maximum amount of bonds or notes to b
issued for the improvement or purpose is as stated in Section 2
hereof.
(c) The estimated cost of the improvement or purpose is equal
to the amount of the appropriation herein made therefor.
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July 21, 2011
Section 4. All bond anticipation notes issued hereunder shall
mature at such times as may be determined by the chief financial
officer; provided that no note shall mature later than one year from its
date. The notes shall bear interest at such a rate or rates and be in
such form as may be determined by the chief financial officer. The
chief financial officer shall determine all matters in connection with
notes issued pursuant to this ordinance, and the chief financial
officer's signature upon the notes shall be conclusive evidence as to all
Bord OmliXonce such determinations. All notes issued hereunder may be renewed
(Gon't) from time to time subject to the provisions of the Local Bond Law.
The chief financial officer is hereby authorized to sell part or all of the
notes from time to time at public or private sale and to deliver them
to the purchasers thereof upon receipt of payment of the purchase
price plus accrued interest from their dates to date delivery thereof.
The chief financial officer is directed to report in writing to the
governing body at the meeting next succeeding the date when any
sale or delivery of the notes pursuant to this ordinance is made. Such
report must include the amount, the description, the interest rate and
the maturity schedule of the notes sold, the price obtained and the
name of the purchaser.
Section 5. The Borough hereby certifies that is adopted a
capital budget or a temporary capital budget, as applicable. The
capital or temporary capital budget of the Borough is hereby amended
to conform with the provisions of this ordinance to the extent of any
inconsistency herewith. To the extent that the purposes authorized
herein are inconsistent with the adopted capital or temporary budget,
a revised capital budget has been filed with the Division of Local
Government Services.
Section 6. The following additional matters are hereby
determined, declared, recited and stated:
(a) The improvement or purpose described in Section 3(a) of this
bond ordinance is not a current expense. It is an improvement or
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July 21, 2011
purpose that the Borough may lawfully undertake as a general
improvement, and no part of the cost thereof has been or shall be
specially assessed on property specially benefitted thereby.
(b) The period of usefulness of the improvement "or purpose within
the limitations of the Local Bond Law, according to the reasonable
life thereof computed from the date of the bonds authorized by
this ordinance. Is 15 years.
(c) The Supplemental Debt Statement required by the Local Bond Law
has been duly prepared and filed in the office of the Clerk, and a
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 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 bonds and notes provided in
this bond ordinance by 650,000, and the obligations authorized
herein will be within all debt limitations prescribed by that Law. Burl Ordiname
(d) An aggregate amount not exceeding $120,000 for items if expense (Con't)
listed in and permitted under N.J.S.A 40A:2 -20 is included in the
estimated cost indicated herein for the purpose or improvement
Section 7. The Borough hereby declares the intent of the
Borough to issue bonds or bond anticipation notes in that amount
authorized in Section 2 of this bond ordinance and to use the
proceeds to pay or reimburse expenditures for the costs of the
purposes described in Section 3(a) of this bond Ordinance. This
Section 7 is a declaration of intent within the meaning and for
purposes of Treasury Regulations.
Section 8. Any grant moneys received for the purpose
described in Section 3 hereof shall be applied either to direct
payment of the cost of the improvement or to payment of the
obligations issued pursuant to this ordinance. The amount of
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July 21, 2011
obligations authorized but not issued hereunder shall be
reduced to the extent that such funds are so used.
Section 9. The chief financial officer of the Borough is
hereby authorized to prepare and to update from time to time
ad necessary a financial disclosure document to be distributed
in connection with the sale of obligations of the Borough and
to execute such disclosure document on behalf of the Borough.
The chief financial officer is further authorized to enter into the
appropriate undertaking to provide secondary market
disclosure on behalf of the Borough pursuant to Rule 15c2 -12
of the Securities Exchange Commission (the "Rule ") for the
benefit of holders and beneficial owners of obligations of the
Borough and to amend such undertaking from time to time in
Hord Ordinary--e connection with any change in law, or interpretation thereof,
(Continued) provided such undertaking is and continues to be, in th'e
opinion of a nationally recognized bond counsel, consistent
with the requirements of the Rule. In the event that the
Borough fails to comply with its undertaking, the Borough shall
not be liable for any monetary damages, and the remedy shall
be limited to specific performance of the undertaking.
Section 10. The full faith and credit of the Borough are by
pledged to the punctual payment of the principal of and the
interest on the obligations authorized by this bond ordinance.
The obligations shall be direct, unlimited obligations of the
Borough, and the Borough shall be obligated to levy ad
valorem taxes upon all the taxable real property within the
Borough for the payment of the obligations and the interest
thereon without limitation of rate or amount.
Section 11. This bond ordinance shall take effect 20
days after the first publication thereof after adoption, as
provided by the Local Bond Law.
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July 21, 2011
Attorney Bergen said he had an additional ordinance if they want to
consider it.
ORDINANCE #11 -21 was introduced and adopted on First Reading and Otdinarre #11-21
the Clerk authorized and directed to advertise same for Public hearing
to be held August 18, 2011 upon MMS &C, by Councilmembers Sitarz
and Bellino.Upon individual roll call vote, Councilmembers Bellino,
Diaz DiMascio, Krum and Sitarz voted in the affirmative.
Councilmember Naples was noted absent.
Councilmember Krum asked a question but was inaudible.
The Mayor explained this would lie for any public gathering or official
scheduled event, would be restricted, no smoking and specifically, the
ball fields and playgrounds in our municipal parks. Discussiai
Councilmember Krum asked if there would be signage out there too.
Mayor Reiman said there would be signage for specific events and ..
around the fields.
Councilmember DiMascio mentioned cigarettes on the new fields.
The Clerk stated that Ordinance #11 -19 was introduced and passed Ordirmr-e #11 -19
upon First Reading at a Regular Meeting of the Borough Council of the
Borough of Carteret held on July 7, 2011. It was duly published in The
Home News Tribune on July 14, 2011 with notice that it will be
considered for final passage after Public Hearing to be held on July 21,
2011 at approximately 6:00 P.M. The Ordinance was posted on the
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July 21, 2011
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 Bellino and Diaz and unanimous
affirmative vote of the five (5) members present, the Mayor declared
the Public hearing to be open:
CLOED 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 five (5) members present. Councilwoman Naples was noted
absent.
Upon MMS &C, by Councilmembers Diaz and Bellino
ORDEWE #11 -19
ORDINANCE tl11 -19
An Orrlinarre Arealirg
Article 1, "General
AN ORDINANCE AMENDING ARTICLE I, "GENERAL PROVISIONS;
Provisions; . .:
TRAFFIC AND PARKING REGULATIONS' OF CHAPTER 254
`IYaffic & Parldr g
ENTITLED. "VEHICLES AND TRAFFIC' OF THE CODE OF THE
Regulations
BOROUGH OF CARTERET
FINALLY ADOPIM was finally adopted. Upon individual roll call vote, Councilmembers Bellino,
Diaz, DiMascio, Krum and Sitarz voted in the affirmative for the adoption.
Councilwoman Naples was noted absent.
Councilmember Krum stated that it took a while for this to get done
but after all of the complaints there are some happy people down
there.
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July 21, 2011
Approved and Adopted: July 21, 2011
Introduced: July 7, 2011
Advertised as adopted on
First Reading with Notice of
Public Hearing: July 14, 2011
Hearing Held: July 21 2011
Approved by: _ Mayor Daniel J. Reiman
Advertised as finally
Adopted: _ July 30 2011
Swearing in : SLED II James Keane
&,eari In of SLED 11
Janes Keane
James Keane was sworn in by the Mayor as Carteret's first Class II
Special Law Enforcement Officer that the municipality has ever had in
100 plus years. We were fortunate that he has already served as a Law
Enforcement Officer in another town so we were able to bring him
over and he's doing his training, as we speak, on the job. He's already
graduated the academy and on the job training. He congratulated him
and wished him good luck.
MEETING OPENED
PUBLIC INPUT ON
ALL RESOLUTIONS /
AGENDA ITEMS / NEW
BUSINESS
A copy of each Resolution was placed on the table for public review
prior to the meeting in accordance to the Rules of Council and upon
MMS &C by Councilmembers Diaz and Bellino and unanimous
affirmative vote of the five (5) members present, the meeting was
Meeting Opened
Public Input on
Resolution & Naa
Business
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July 21, 2011
Neetixg Closed
Resolution #11 -08
2012 Alliance
tgrearent
c th County
of Middlesex
Resolution #11-139
Raffle License
Resolution #11 -140
Rem, of Liquor
License - J. Kaplan
Resolution #11 -141
Re� of Liquor
License - J
Kapp
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 Diaz and
Krum and unanimous affirmative vote of the five (5) members present,
the public discussion portion of the meeting was closed.
CONSENT AGENDA
Upon MMS &C, by Councilmembers Sitarz and Bellino Resolutions #11-
138 through #11 -151 were adopted. Upon individual roll call vote,
Councilmembers Bellino, Diaz, DiMascio, Krum and Sitarz voted in the
affirmative. Councilmember Naples was noted absent.
Resolution 411 -138 "Authorizing Year 2012 Alliance
Agreement Between the Borough of Carteret & County of Middlesex "
Resolution #11 -139 "Directing the Issuance of a Raffle
License to Olivia Rae Vargas Foundation"
Resolution #11 -140 "Approving the Renewal of Inactive ABC
License #1201 -33- 008 -006 Held by J. Kaplan 2011 -2012 License Term
with Conditional Special Ruling"
Resolution #11 -141 " Approving the Renewal of Inactive ABC License
#1201 -44- 034 -009 held by J. Kaplan for 2011 -2012 License Term with
conditional Special Ruling"
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July 21, 2011
Resolution #11 -142 "Authorizing Issuance of Amusement Device License Resolution #11 -142
2011" Auisamnt Device
License
Resolution #11 -143 "Authorizing the Issuance of Amusement Games Resolution #11 -143
Distributor's License 2011" AJrLoarent Cares
Distributor License
Resolution #11 -144 "Certifying R. Pogorzelski & E. Wahl Firefighters" Resolution #11 -144
Firefighters Certified
Resolution #11 -145 "Requesting Approval of Insertation of R. IOgorzelski &
$592,545.57 the 2011 Budget Revenue Available from Urban Enterprise Zone E. Wahl
Program" Resolution #11 -145
Requesting Appnmval
'Resolution #11 -146 "Of the Borough of Carteret, &.dget Revenue UE3
In County Of Middlesex, NJ Making Application to Local Finance Board Resolution #11 -146
Pursuant to N.J.S.A 40A- 2- 26(e)" Mntdrg Application
Local Finance Baird
Resolution #11 -147 "Of the Borough of Carteret, in County of Resolution #11 -147
Middlesex, NJ Authorizing an Extension of Time for Payment of Municipal Author'zi g Extension of
Taxes without interest until September 1, 2011. Tire FAynent M cip l
Taxes without Interest
Resolution #11 -148 "Awarding Sewer System Emergency " Resolution #11-148
Awarli% Sewer
System Fnergenc -y
Resolution #11 -149 "Awarding Contract for the 2011 On Call Property Resolution #11-149
Maintenance Program" A%urdirg Contract 2011
On Call Property
t hintenance Prngrarn
Resolution #11 -150 "Authorizing a Professional Services Contract For Resolution #11-150
Engineering with T &M Associates- 2011 Base Repair & County Road Overlaygg e g'EM Associates
Program, Design, Contract Administration & Inspection Services" 2011 Base Repair & County
Overlay Program
Resolution #11 -151 "Authorizing Professional Services Contract for Resolution�ll -151
flgineering bN Associates
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July 21,2011
Resolution #11 °151 Engineering with T &M Associates — Romanowski St & High St. Improvement
Continued Scope & Fee Estimate"
commts COMMENTS:
Mayor Reiman explained that Resolution #11 -144 is based on the new
certified Firefighter List. This is utilizing our Federal FEMA grant along with the
SID matching dollars for this project.
The Mayor noted that in regards to Resolution #11 -149, the on call Property
Maintenance Program, there were five (5) competing bids.
Councilmember DiMascio asked if Resolution #11 -142 were for the things in
the bars.
The Municipal Clerk said yes.
Councilmember DiMascio asked if it was for certain types of games.
The Municipal Clerk said yes, they have to be approved games.
The Mayor added that they can't be games of chance.
Councilmember DiMascio asked about Resolution #11 -143 and questioned if
it was for Ethnic Day.
The Municipal Clerk said that these are the people that bring in the games.
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July 21, 2011
Mayor Reiman explained that the distributors actually own the games and
.either lease them or have sort of a profit sharing with the bars. Any vending
machines or amusement machines have to be licensed.
Councilmember DiMascio asked who the second one on the resolution was,
�� Plus
Tushar Trivedi.
Mayor Reiman said he might have a pinball game somewhere but he has to
be listed as a licensed owner.
The Mayor asked the Municipal Clerk if she was familiar with where that
game is.
The Municipal Clerk said she would have to look it up.
PAYMENT OF BILLS
Upon MMS &C, by Councilmembers Diaz and Bellino 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 and
Sitarz voted in the affirmative. Councilmember Naples was noted absent.
REPORTS
The Clerk stated that she was in receipt of the following reports:
Clerk's Office —June & July, 2011
Inspection of Buildings —June 2011
Upon MMS &C, by Councilmembers Diaz and Krum and unanimous affirmative
vote of the five (5) members present, all reports were ordered to be received
and placed on file.
Payrent of Bills
Reports
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July 21, 2011
Camuttees Committees
Buildings & Grounds — Mayor Reiman said that Committee Chairwoman
Naples is absent and reported progress in her department.
Finance & Administration — Committee Chairman Diaz reported progress.
Fire & Domestic Preparedness — Committee Chairman Krum congratulated
Robert Pogorzelski and Eric Wahl for their appointments as Career
Firefighters. They started their training on Monday. Councilman Krum
commented on the Stop Sign earlier but he just wants it known, for the record
that it's the DOT that takes their time moving stuff for us. It's not the Borough
Council or the Mayor. He reported progress.
Parks & Recreation — Committee Chairman Bellino reported progress.
Police & Public Safety — Committee Chairman Sitarz reported progress.
Public Works — Committee Chairman DiMascio reported progress.
Board of Education Liaison - In the absence of Committee Chairwoman
Naples, the Mayor reported progress.
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July 21, 2011
The Mayor issued the following Proclamation. Prcclamtion
BOROUGH OF CARTERET "National Night Out"
MIDDLESEX COUNTY NEW JERSEY
PROCLAMATION
NATIONAL NIGHT OUT 2011
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide crime, drug and violence prevention program on August
2, 2011 called "National Night Out "; and
WHEREAS, the "28 Annual National Night Out" provides a unique
opportunity for the Borough of Carteret to join forces with thousands of other
communities across the country in promoting cooperative, police- community
crime prevention efforts; and
WHEREAS, the Crime Prevention Unit plays a vital role in assisting the
Carteret Police Department through joint crime, drug and violence
prevention efforts in the Borough of Carteret; and
WHEREAS, it is essential that all citizens of the Borough of Carteret be aware
of the importance of crime prevention programs and the impact that their
participation can have on reducing crime, drugs and violence in the Borough
of Carteret; and
WHEREAS, police- community partnerships, neighborhood safety, awareness
and co- operation are important themes of the "National Night Out" program;
NOW, THEREFORE, WE The Mayor and Council do hereby call upon the
citizens of the Borough of Carteret to join the Carteret Police Department's
Crime Prevention Unit and the National Association of Town Watch is
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July 21, 2011
supporting the "28 ANNUAL NATIONAL NIGHT OUT" on August 2, 2011 as
"National Night Out in the Borough of Carteret.
FURTHER, LET IT BE RESOLVED THAT WE, The Mayor and Council, do hereby
proclaim Tuesday, August 2 "d , 2011 as "NATIONAL NIGHT OUT" in the
Borough of Carteret.
Pdjoumgi There being no further business or discussion, upon MMS &C, by
Counciimembers Sitarz and Bellino and unanimous affirmative vote of the five
(5) members present, the meeting was adjourned at approximately 6:15 P.M.
Respectfully submitted,
KATHLEEN M. BARNEY, MMC /
Municipal Clerk
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