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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. 1 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" 2 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. 3 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 19 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 5 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. 0 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 7 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. 13 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 9 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" 10 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 11 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. 12 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 13 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. 14 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 15 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 16