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Home My Public Portal About08-04-2011 agendaAugust 4, 2011 The Agenda Meeting of the Mayor and Council of the Borough of A M eets Carteret was called to order by Mayor Daniel J. Reiman, 6:00 P.M., Municipal Building, 61 Cooke Avenue, Carteret, New Jersey on Thursday, August 4, 2011. The following were noted present: Councilmember Vincent Bellino Dennis DiMascio " Randy Krum Susan Naples Joseph Sitarz Noted absent was Councilmember Jorge Diaz. Also noted present was Borough Attorney Robert J. Bergen and Municipal Clerk Kathleen M. Barney. The Meeting was opened with a minute of Silent Prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Present Also Noted Present Silent Prayer/ Pledge of Allegiance The Clerk stated that on January 3. 2011 in full compliance with Statsrent of Meeting the Open Public Meetings Act, a notice of tonight's meeting was Notice sent to 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 Councilmembers Sitarz and Bellino and Minutes for Approval unanimous affirmative vote of the five (5) members present, the minutes of July 21, 2011 were approved as transcribed and engrossed by the Clerk. 1. August 4 2011 Presentation Presentation — A. Chan ler Mayor Reiman presented a $100 check to Antoran Chandler for hitting the First Home Run of the Season for Little League. Antoran was supposed to attend the June 16, 2011 meeting but could not be there. &�earicg�In o Swearing -In— Firefighters The Mayor said tonight he will be swearing in two (2) new Firefighters, Robert Pogorzelski and Eric Wahl to our career Fire Department. These men and women of our Career Volunteer Fire & EMS Division go above and beyond each and every day risking their lives for our health, safety, well being and our property and pets. He then asked for a round of applause. Robert comes from a long line of Public Servants. His mother has worked for the Borough for many years, his father has recently retired, his brother works for the State Police. The Mayor swore —in Robert Pogorzelski. The Mayor said that Eric Wahl has been with us for many years. He has served as an EMT in our career Fire Department. The Mayor swore -in Eric Wahl. Recess The Mayor announced that they were going to be taking a sixty second Recess. Those of you who are not interested in remaining for the business portion of the meeting are welcome to leave now. Of course everyone can stay, if they like. At approximately 6:07 P.M. there was a recess. Iecorwemd At approximately 6:08 P.M. the meeting was reconvened. 2. hoist 4, 2011 Upon MMS &C by Councilmembers Sitarz and Bellino and Open unanimous affirmative vote of the five (5) members present the meeting was Open. Ordinance — First Reading first Readirg - Ordinarre #11 -22 ORDINANCE #11 -22 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on August 18, 2011 upon MMS &C by Councilmembers Krum and Bellino Upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. ORDINANCE #11 -22 Ordi_nam_e #11 -22 APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A Lease Agreanmt LEASE AND AGREEMENT WITH MIDDLESEX COUNTY h1 LA IMPROVEMNET AUTHORITY The Mayor said this is our annual lease purchase of a few vehicles. ORDINANCE #11 -23 was introduced and adopted on First Reading First Readhig - and the Clerk authorized and directed to advertise same for Public Ordinance #11 -23 Hearing to be held upon MMS &C by Councilmembers Sitarz and Naples. Upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. ORDINANCE #11 -23 AN ORDINANCE AMENDING CHAPTER 254, SECTION 254 -41 OF Ordinance #11 -23 THE CODE REGARDING HANDICAPPED PARKING PLACARDS Placards Etarrdtcaplx 3. Ai-gust 4, 2011 Councilmember Krum asked if this was on the plate or just the placard. The Mayor said this has to do with parking in Handicapped spaces and not having a placard on your vehicle. There is a State Statue that has to do with illegal parking. This will address parking in a space without a handicapped placard. Discussion Councilmember Krum asked if this was just for the plates or on a windshield. The Mayor said either way. Under Title 39 violation the money goes to the State of New Jersey but under this Ordinance, the monies would come to the Borough of Carteret. Mayor said to Attorney Bergen and said that this doesn't supersede State Statue. This Statue doesn't reference not having a placard. It references cars parked in a parking space. Borough Attorney said you want to establish a separate charge for not having proper documents. Councilmember Krum said there is a State Law that if you don't have a signage at that area, what the fine would be ... (inaudible)... not a proper handicapped parking space and anybody can park there. Mayor Reiman said they have to a designated sign. Attornery Bergen said they have to meet the DOT ...(inaudible)... Mayor said this was modeled after the Jersey City Ordinance. 4. August 4, 2011 ORDINANCE #11 -24 was introduced and adopted on First Reading First moire and the Clerk authorized and directed to advertise same for Public Ordinance #11 -24 Hearing to be held on upon MMS &C by Councilmembers Naples and Bellino and upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. ORDINANCE #11 -24 AMENDING SALARY ORDINANCE #71 -9 Ordiirorre #11 -24 AremUrg Salary Minarre Mayor Reiman said the Borough is in negotiations with regard to #71 -9 two contracts so he won't be introducing the final numbers. As soon as we have the final numbers we'll do the adoption once we have the contracts signed with Crossing Guards and Dispatchers and others. ORDINANCE #11 -25 was introduced and adopted on First Reading Fifst &ad9.rg and the Clerk authorized and directed to advertise same for Public Ordinarre #11 -25 ( Hearing to be held upon MMS &C by Councilmembers Sitarz and Krum and upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. ORDINANCE #11 -25 Ordinarre #11 -25 REGARDING Arrerdirg Code, PemUties AMENDING CODE, PENALITIES & FINES ILLEGAL OCCUPANCY AND & Fires HOUSING The Mayor said there was an incident last night where the Police Department and Fire Department responded to a home that was Canrents converted into a two (2) family home that they turned into an illegal four (4) family home renting out the basement and the attic. There were approximately thirty (30) people living in this 5. August 4, 2011 Meetirg Opened Public Input on All Resolutions / Agenda Itom & New Business home. The Fire Department and the Construction Official have shut down this building. Besides all the ordinary fines, which we will impose on the Landlord, there is no means by which we can put the tenant up and back bill the landlord. This would authorize an establishment of fees and fines specifically for that. 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 accordance with the Rules of Council and upon MMS &C, by Sitarz and Bellino and unanimous affirmative vote of the five (5) members present, the meeting was opened for public input on all Resolutions /Agenda items and any new business. Consent Agenda CONSENT AGENDA Adopted Upon MMS &C, by Councilmembers Sitarz and Bellino Resolutions #11 -152 through #11 -160 were adopted. Upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. Resolution #11-151 Resolution #11 -151 Issuance of Raffle License Resolution #11 -152 Resolution #11 -152 Issuance of New Taxi Cab Driver License 2011/2012 Directing the Issuance of Various Raffle Licenses Authorizing the Issuance of A New Taxicab Driver License for 2011/2012 License Term 6. August 4, 2011 Resolution #11 -153 Resolution #11 -154 Mayor Reiman said they had these positions for many years. The DOP recently determined that they were not in those positions permanently so this makes them permanent. Resolution #11 -155 Requesting Approval of Insertation of #600,000 the 2011 Budget Revenue Available from Middlesex County Open Space Recrea- tion & Farmland & Historic Preservation Trust Mayor said this has to do with the acquisition of property along the Waterfront. After eight years of Court Battles and whatnot the Commissioners have reached a determination as to the value. We reached out to the County for additional funding and they will come up with the balance of the funding which is $600,000.00. The rest of the money will be funded by Green Acres of the State of New Jersey. Resolution #11 -156 Opposing 5 -2950 & A -4128 Which would allow for Modification to land use Approvals because of Changed Economics Property Tax Cancellations Certifying A. Mitterando & C. Pogorzelski Senior Clerk Transcriber Resolution #11 -153 Property Tax Carr ellation Resolution #11 -BA Certifying A. Wtteran do & C. Pogorzelski -Sr. Clerk 'I , a Tiber Canrentd Resolution #11-155 2011 &xlget Revenue C Resolution #11-156 Opposing 5 -2950 & A -4128 7. August 4, 2011 Resolution #11-157 Professional Services - Lcuis Izenberg Appraisal Associates Resolution #11 -157 Authorizing a Professional Services Contract with L. Izenberg Appraisal Assoc. Resolution #11 -L% Professional Services - "bniman & Scotlan:� LLC Resolution #11 -158 Approving Professional Services Contract McManimon & Scotland, LLC Resolution #11 -159 Resolution #11 -159 Designing Parish Manor, LLC as Designating Parry Manor LLC as Conditional Conditional Redeveloper of a Portion of the Washington Ave. Radeveloper Redevelopment Area. The Mayor stated that Parish Manor is the Saint Elizabeth's property. Saint Elizabeth is under contract to see their property to Cannrnts Parish Manor, LLC which will be appearing before the Planning Board either in August or September. To do such, the property owner needs to be designated as the Conditional Redeveloper. Resolution #11 -160 Refund of Sa%pr Fees Oaerpaynent Questions & Campnts Resolution #11 -160 Authorizing Refund of Tax & /or Sewer Fees Overpayment The Mayor asked if there were any questions on the Resolution Items. Councilmember Sitarz asked about number nine (9) "a portion of) . Mayor Reiman said the portion is only on Washington Avenue, the section around St. Elizabeth's property that they own that they are under contract to sell Parish Manor. It is the Lots on the North a August 4, 2011 Whittier side near Krausers, four or five lots there and the lots on the Longfellow side approximately four or five lots there. Councilmember Sitarz asked if that was where the proposed Post Office is supposed to go? Mayor replied that it is not the section that fronts Washington Avenue it's behind. Discussion Councilmember Bellino asked if that includes the Hall. (con 1 t) Mayor Reiman said it includes the Hall, which will come down. It includes the rectory which will come down. The only thing that'll be left is the Church and Washington Avenue frontage. Payment of Bills — Payirent of Bills Upon MMS &C, by Councilmembers Sitarz and Naples all bills appearing on the prepared list properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilmember Diaz was noted absent. Reports — Reports The Clerk stated that she was in receipt of the following reports: 1. Clerk's Office —July 2011 9. August 4, 2011 Reports Upon MMS &C, by Councilmembers Sitarz and Bellino and Ordered to be unanimous affirmative vote of the five (5) members present, all placed on File reports were ordered to be received and placed on file. Busin to Be Business to be Added — Added %yor's 1. Mayor's Appointment —Planning Board Alternate Appoinbrent Mayor Reiman said he is appointing Debra Bialowarczuk as his Debra Planning Board Alternate. She'll be replacing Gary Donafrio Bialo.,arrzuk representing the administration on the Planning Board. Public PUBLIC DISCUSSION — Discussion Opened Upon MMS &C, by Councilmembers Sitarz and Naples and unanimous affirmative vote of the five (5) members present, the meeting was Opened to the public. Closed Upon MMS &C, by Councilmembers Sitarz and Bellino and unanimous affirmative vote of the five (5) members present the meeting was Closed to public. Councilmember Sitarz asked about that Railroad property along Caments Industrial Road. Why can't we get after the Railroad to have the trees and high grass cut down so it looks more presentable? 10. hgpst 4, 2011 Mayor Reiman said we have requested in the past that they donate the property to us. We offered to buy it for a nominal fee Grass by Railroad and they haven't done that. Let's get Property Maintenance out there and issue some fines. Councilmember Sitarz said maybe they will change their minds if we keep fining them. Mayor Reiman said they have certain exemptions and we don't know if property maintenance falls under, Mr. Bergen? Borough Attorney Robert Bergen said they can't really issue a fine, to a governmental entity above you. You don't have jurisdiction. Mayor Reiman said we've issued fines to the Turnpike Authority before. i There being no further business or discussion, upon MMS &C, by Adjourned Councilmembers Sitarz and Bellino and unanimous affirmative vote of the five (5) members present, the meeting was adjourned at approximately 6:17 P.M. Respectfully submitted, i KATHLEEN M. ARNEY, MMC Municipal Clerk KMB /apm 11. AIRa 4, 2011 t 1