HomeMy Public PortalAbout12-01-2011 agendaL1seyber 1, .2011
The Agenda Meeting of the Mayor and Council of the
Borough of Carteret preceding the Regular Meeting,
December 19, 2011, was held on Thursday, December
1, 2011, 6:00 P.M., Council Chambers, Memorial
Municipal Building, 61 Cooke Avenue, Carteret, New
Jersey.
The following were noted present:
Mayor Daniel J. Reiman
Councilmember Vincent Bellino
" Jorge Diaz
" Dennis DiMascio
Randy Krum
Susan Naples
Noted absent was Councilmember Joseph W. Sitarz.
Also noted present was Borough Attorney Robert J.
Bergen and Municipal Clerk Kathleen M. Barney.
11119 i 111
The Clerk stated that on January 3, 2011 the 2011 SPA'IFMIT OF PfrT;lw
Annual Notice was mailed to The Home News Tribune, NMCE
The Star Ledger and posted on the bulletin board. It
was published in The Home News Tribune and The Star
Ledger on January 4, 2011.
The meeting was opened with a minute of silent prayer SILFNP PRkYm &
and the Pledge of Allegiance led by Mayor Daniel J. PL= OF AITFY LNCE
Reiman.
Upon MMS &C by Councilmembers Diaz and Bellino APPFOVAL OF NIDW ES
and unanimous affirmative vote of the five (5)
members present, the Minutes of November 17, 2011
were approved and transcribed and engrossed by the
Clerk.
10D:V,, 1
ORDEWU -fir RFADII, Ordinances - First Reading -
1. #11 -28 Ordinance Providing for Various
Capital Improvements within the Special
Improvement District Funded via Grant
Agreement with the Carteret Business
Partnership, Inc.
ORDRWNUL #11 -28 ORDINANCE #11 -28 was introduced and adopted on
First Reading and the Clerk authorized and directed
same for Public Hearing to be held December 19, 2011,
upon MMS &C by Councilmembers Diaz and Krum.
Upon individual roll call vote, Councilmembers Bellino,
Diaz, DiMascio, Krum and Naples voted in the
affirmative. Councilman Sitarz was noted absent.
BM OBDII1A"
BOND ORDINANCE PROVIDING FOR VARIOUS
PidFMEC FOR VARIOUS
CAPITAL IMPROVEMENT WITHIN THE SPECIAL
CAP114 JMWM Id1IlIIlV
IMPROVEMENT DISTRICT IN AND BY THE BOROUGH
ME SPECIAL Pte
DISIRICI &
OF CARTRET, IN THE COUNTY OF MIDDLESEX, NEW
1?OI�XXII OF
F CAI�12EC, TREr
JERSEY , APPROPRIATING $12,250,000 THEREFOR AND
IN UIE OJIAdFY OF NIDDIESFX
AUTHORIZING THE ISSUANCE OF $12,250,000 BONDS
NQJ IFRSEY
OR NOTES OF THE BOROUGH TO FINANCE PART OF
AFFRDFRWM $12,250'000
THE COST THEREOF TO BE REPAID WITH
& AUIF
I2
'IFIE ISSU
TE I &q oAK'E OF $12
$12,255 0.000
CONTRIBUTIONS FROM SPECIAL IMPROVEMENT
Li1NDS OR NOIFS OF TW
DISRICT
I?OFCDal 10 FIRMT -E PARE OF ME
03ST URTMF TD BE REPAID
WHEREAS, by ordinance number 403 -47, duly adopted
SFF�
SF I ODV IAL II�IIIRIF00+ �N F" P F
by the Borough Council (the "Borough Council') of the
DISMCF
Borough of Carteret (the "Borough ") on December 18,
2003, the Borough created a special improvement
district (the "Special Improvement District ") pursuant
to N.J.S.A. 40:56 -65 etseq; and
WHEREAS, the Special Improvement District is
governed by a district management corporation, as
that term is defined in N.-I.S.A. 40:56 -66c, entitled
"Carteret Business Partnership, Inc" (the "CBP ") and
2
Decei)er 1, 2011
WHEREAS, the Borough desires to help finance the
cost of improvements to be undertaken within the
Special Improvement District through the issuance of
bonds, or notes issued in anticipation thereof;
pursuant to the Local Bond Law, N.1.S.A. 40a:2 -1 et
seq; and
WHEREAS, the purpose s of the above — described
improvements are "the promotion of the economic and
general welfare of the Special Improvement District
and the Borough; and
WHEREAS, the CBP has adopted a resolution pursuant
to which it will contribute to the Borough a portion of
the revenues collected each year by the CBP to pay the BOD OBDEVU
debt service due on the notes and /or bonds described CQVIDM
above and authorized herein; and
WHEREAS, the Borough and the CBP will enter into an
agreement, in substantially the same form as that on
file with the Borough Clerk, to memorialize the
obligation of the CBP to make annual payments to the
Borough described above and the obligation of the
Borough to apply such funds to the payment of the
debt service on the debt authorized herein; and
WHEREAS, as a result of the CBP's obligation to make
payments described above and the Borough's
obligation to apply such funds to the payment of the
debt service on the debt authorized herein, the debt
authorized herein is -self- liquidating and is deductible
from the gross debt of the Borough pursuant to
NJ.S.A. 40A:2 -44f; a and .
WHEREAS, pursuant to N.1.S.A. 40A:2 -11c and 2 -7h, no
down payment is required.
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
3.
Decad er 1, 2011
all members thereof affirmatively concurring) AS
FOLLOWS:
Section 1. The several improvements described
in Section 3 of this bond ordinance are hereby
respectfully authorized to be undertaken by the
Borough as general improvements. For the several
improvements or purposes described in. Section 3,
there are hereby appropriated the respective sums of
money therein stated as the appropriation made for
each improvement or purpose, such sums in the
aggregate to $12,250,000. No down payment is
required pursuant to N.J.S.A. 40A:2 -11 (c) as the
several purposes authorized therein are deemed self -
liquidating and the obligations authorized herein are
BOND OI DDW CE deductible from the gross debt of the Borough, as
Oa:VnNUD more fully explained in Section 6(e) of this bond
ordinance.
Section 2. In order to finance the cost of the
several improvements or purposes, negotiable bonds
are hereby authorized to be issued in the principal
amount of $12,250,000 pursuant to the Local Bond
Law. In anticipation of the issuance of the bonds,
negotiable bond anticipation notes are hereby
authorized to be issued pursuant to and within the
limitations prescribed by the Local Bond Law.
Section 3. (a) The several improvements hereby
authorized and the several purposes for which the
bonds are to be issued, the estimated cost of each
improvement and the appropriation therefor, the
estimated maximum amount of bonds or notes to be
issued for each improvement and the period of
usefulness of each improvement, all of which are to be
undertaken with the Borough's special improvement
district, are as follows:
Estimated
Maximum Amount
4
fiber 1, 2011
Appropriation of
Bonds or Period of
and Estimated
Notes Usefulness
Purpose Cost
a) Portion of Borough's
Share of costs of
Construction &
Installation of a
Marine ferry terminal
& marina, including
Dredging & all work &
Materials necessary therefor
& incidental thereto. $5,500,000
$5,500,000 40 Years
b) Construction or install-
ation of structured
parking facility, including
all work necessary therefor
& incidental thereto. $6,000,000 BOM ORDIRMCE
$6,000,00 40 Years GaNmlm
Estimated
Purpose Appropriation
Maximum Amount
& Estimated
of Bonds or Period of
Cost
Notes Usefulness
c) Portion of Borough's
Share of costs of con-
struction or installation
of various road impvts.
& traffic signal system
Impvts. At or adjacent to
The Poet Blvd. /Minue St./
Roosevelt Ave. intersection,
Including all work & materials
Necessary therefor & incidental
E
Locsrtrr 1, 2011
Thereto. $750
$ 750,00 10 years
T OTALS $12,250,000
$12,250,000
(b) The estimated maximum amount of bonds or notes
to be issued for the several improvements or purposes
is as stated in Section 2 thereof.
(c) The estimated cost of the several improvements or
purposes is equal to the respective amounts of the
appropriations herein made therefor.
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 rate or rates and
BOND OFDD* , be in such form as may be determined by the chief
Continued 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 shall be conclusive evidence as to all
such determinations. All notes issued hereunder may
be renewed from time to time subject to the
provisions of the Local Bond Law. The chief financial
officer is hereby authorized to sell all or part of the
notes from time to time at public or private sale and to
deliver them to the purchasers upon receipt of
payment of the purchase price plus accrued from their
dates to the date of 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. '
6
Deco L 1, 2011
Section 5. The capital budget of the borough is
hereby amended to conform with the provisions of this
ordinance to the extent of any inconsistency herewith.
The resolution in the form promulgated by the Local
Finance Board showing full detail of the amended
capital budget and capital program as approved by the
Director of the Division of Local Government Services is
on file with the Clerk and is available there for public
inspection.
Section 6. The following additional matters are
hereby determined, declared, recited and stated:
(a) The improvements described in Section 3 of
this bond ordinance are not current
expenses. They are all improvements that
the Borough may lawfully undertake as
general improvements, and no part of the
costs thereof has been or shall be specially
assessed on property specially benefitted BjM OMMMY'E
thereby. CaNI M
(b) The average period of usefulness
computed on the basis of the respective
amounts of obligations authorized for each
purpose and the reasonable life thereof
within the limitations of the Local Bond
Law, is 38.16 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 Bond Law is
increased by the authorization of the bonds
and notes provided in this bond ordinance
by $12,250.000, but the net of the Borough
determined as provided in the Local Bond
7.
119 10 41
Law is not increased by this bond
ordinance. The obligations authorized
herein will be within all debt limitations
prescribed by that Law.
(d) An aggregate amount not exceeding
$2,450,000 for items of expense listed in
and permitted under NIS.A. 40 A:2 -20 is
included in the estimated cost indicated
herein for the purposes or improvements.
(e) This bond ordinance authorizes obligations
of the Borough solely for the purpose
described in NIS.A. 40A:2 -7(h). The
obligations authorized herein are to be
issued for purposes for which there are
accounts receivable or amounts which may
be payable, which funds are applicable only
to the payment of the gross debt
authorized herein and are deductible from
gross debt pursuant to NIS.A. 40A:2 -44(f)
and, thus, such purposes are self
liquidating.
(f) The Mayor is hereby authorized to execute
BOND ORDIRgU an agreement with the CBP, in substantially
O1VI'IN -ID the same form as that on file with the
Borough Clerk, for the purpose of
memorializing the obligation of the CBP to
make payments to the Borough for the
purpose of making debt service payments in
connection with the debt authorized herein.
Section 7. The Borough hereby declares the
intent of the Borough to issue the bonds or
bond anticipation notes in the amount
authorized in Section 2 of this bond ordinance
and to use proceeds to pay or reimburse
expenditures for the costs of the purposes
described in Section 3 of this bond ordinance.
This Section 7 is a declaration of intent within
the meaning and for purposes of Treasury
'Regulations.
0
Deccan 1, 2011
Section 8. Any grant monies received for
the purposes described in Section 3 thereof
shall be applied either to direct payment of the
cost for the improvements or to payment of the
obligations issued pursuant to this ordinance.
The amount of obligations authorized but not
issued hereunder shall reduce 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 as necessary a
financial disclosure document to be distributed
in connection with the sale of the obligations of
the Borough and to execute such disclosure
documents 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 and Exchange Commission (the
"Rule ") for the benefit of holders and beneficial
owners of obligations of the Borough and to BOM OPDDMJ CE
amend such undertaking from time to time in CaNIM M
connection with any change in law or
interpretation thereof, provided such
undertaking is and continues to be, in the
opinion of a nationally recognized bond
counsel, consistent with requirement 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 hereby pledged to the punctual payment
of the principal of the interest on the obligations
authorized by this bond ordinance. The obligations
shall be direct, unlimited obligated of the Borough, and
the Borough shall be obligated to levy ad valorem
M
t
IE9. � J
taxes upon all the taxable real property within the
Borough for the payment of the obligations and the
interest thereon without limitations of rate or amount.
Section 11. This bond ordinance shall take
effect 20 days after the first publication thereof after
final adoption, as provided by the Local Bond Law.
ORDIIvyU #11 -29 #2. #11 -29 Ordinance of the Borough of Carteret, in
Re: Adoption RodeveloPfLnt the County of Middlesex, Adopting a Redevelopment
Plan for the Tardf II
Redeveloprent Area Plan for the Landfill II Redevelopment Area.
Mayor Reiman said this is the old American Cyanamid' -s
or Gytec. Properties which is behind the Landfill
Car[mnt Phase I, of the Turnpike Interchange and it will come
back to us with their new recommendation for the
next meeting.
ORDINANCE #11 -29
"ORDINANCE OF THE BOROUGH OF CARTERET, IN THE
COUNTY OF MIDDLESEX, ADOPTING A
REDEVELOPMENT PLAN FOR THE LANDFILL II
REDEVELOPMENT AREA"
Adopted Upon MMS &C, by Councilmembers Diaz and Naples
and upon individual roll call vote, Councilmembers
Bellino, Diaz, Krum and Naples voted in the affirmative
for the adoption.
ORDINAICE #11 -24 ORDINANCE #11 -24 was introduced and adopted on
First Reading at a meeting of the Borough Council of
the Borough of Carteret held on August 4, 2011. It was
duly published in The Home News Tribune on
November 18, 2011 with notice it will be considered
10.
for final passage after Public Hearing to be held on
December 1, 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.
Councilmember Krum asked if this was only for one UNHM
year.
Mayor Reiman replied for most it is a 2% and for
others it is less than 2 %.
Councilmember Krum asked if this was a maximum at
2 %.
Mayor Reiman said none of the Department Heads or
Administrative Employees received more than 2 %, as
you can see.
Councilmember Krum asked if they were still out at 4%
for Fire and Police.
Mayor Reiman said no. Fire is at 2% for 2011 through
2015. This is the last year of the Police contract and
they were 3.85 %. The Blues and Whites are in their
third year of their contracts which are at 3 Y2 %. So, we
are close to signing with the dispatchers which all takes
into account at 2% cap. The new contracts are
reflective of the 2 %.
Councilmember Krum asked if the Police were up in
2012.
Mayor Reiman said the Police expire on December 31'
this year.
Councilmember Naples asked if it exceeded that
capital.
Mayor Reiman replied no.
11
OPft%R) Upon MMS &C by Councilmembers Diaz and Krum and
unanimous affirmative vote of the five (5) members
present, the public portion was opened.
There were no comments from the public.
CLOSED Upon MMS &C by Councilmembers Diaz and Naples
and unanimous affirmative vote of the five (5)
members present, the public portion was closed.
Upon MMMS &C, by Councilmembers Diaz and Bellino
and unanimous affirmative vote of the five (5)
members present:
ORDIRAWE #11 -24 ORDINANCE #11 -24
Re: Salary Sech1dules "AN ORDINANCE TO AMEND ORDINANCE #71 -9
ESTABLISHING SALARY SECHEDULES AND FIXING THE
MANNER OF PAYMENTS OF SALARIES FOR VARIOUS
OFFICIALS AND EMPLOYEES OF THE BOROUGH OF
CARTERET"
FINALLY ADOPTED was finally adopted. Upon individual roll call vote,
Councilmembers Bellino, Diaz, DiMascio, Krum and
Naples voted in the affirmative. Councilmember Sitarz
was noted absent.
APPROVED AND ADOPTED: DECEMBER 1, 2011
INTRODUCED: AUGUST 4, 2011
Advertise as Adopted on First Reading
with Notice of Public Hearing: November 18, 2011
Hearing Held: December 1, 2011
Approved By: Mayor Daniel J. Reiman
Advertised as Finally Adopted: December 7, 2011
PUBLIC FOMOV - Upon MMS &C by Councilmembers Diaz and DiMascio
OPEN M PUBLIC
and unanimous affirmative vote of the five (5)
members present, the public portion on
12.
Docadxr 1, 2011
Resolution /Agenda items and New Business was open
to the public.
There being no comments or objections to the CLOSED
Resolutions /Agenda items or new business and upon
MMS &C by Councilmembers Diaz and Bellino and
unanimous affirmative vote of the five (5) members
present, the public portion on Resolutions /Agenda
items and New Business was closed to public.
Resolutions:
1.
Directing the Issuance of Various
Raffle
Licenses.
2.
Creating Handicapped Parking Space
for 23
Roosevelt Avenue.
3.
Annual Compensation Resolution —
Deputy
Municipal Department Heads.
4.
Providing for the Annual Transfer of
Surplus
Funds.
5.
Creating Handicapped Parking Space
for 73
Post Boulevard.
6.
Professional Services — Genova Burns,
Re:
Litigation.
Mayor Reiman asked the Council if they had any
questions on the resolutions.
There were no comments from the Council.
t 0.1 1M !�►`
Resolutions #11 -221 through #11 -225 were introduced Consent Agenda
by the Mayor and referred to the Council for action:
13.
M' I � I/ �'•�1
1�1• I � 1
r 1.'1 I I.
WIN I ..a1
..., '
RESOLUTION #11 -221
"CREATING HANDICAPPED PARKING SPACE FOR 23
ROOSEVELT AVENUE"
RESOLUTION #11 -222
"ANNUAL COMPENSION RESOLUTION DEPUTY
MUNICIPAL DEPARTMENT HEAD"
RESOLUTION #11 -223
"PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS"
RESOLUTION #11 -224
"CREATING HANDICAPPED PARKING SPACE FOR 73
POST BOULEVARD"
RESOLUIION #11 -225 RESOLUTION #11 -225
PFDFESSICW SEWJICES "PROFESSIONAL SERVICES, GENOVA BURNS &
GINWA, BUIW & GIP O4C SI GIANTOMASI
- LMCATICN RE: LITIGATION"
Adopted were adopted. Upon individual roll call vote
Councilmembers Bellino, Diaz, DiMascio, Krum, and
Naples voted in the affirmative. Councilman Sitarz was
noted absent.
wLm NM Please note that Resolution #1, "Directing the Issuance
of Various Raffle Licenses" was omitted from the
Consent Agenda.
BILLS Upon MMS &C, by Councilmembers Diaz 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, Diaz, DiMascio,
Krum and Naples voted in the affirmative.
Councilmember Sitarz was noted absent.
14.
11 0 ': y' 1
REPORTS - RgOM
Clerk's Office — November 2011
Upon MMS &C by Councilmembers Diaz and Bellino
and unanimous affirmative vote of the five (5)
Councilmembers present, all Reports were ordered to
be received and placed on file.
BUSINESS TO BE ADDED- Ga+E=
Public Works — Committeeman DiMascio had nothing
to report.
FIRE & DOMESTIC PREPAREDNESS — Committeeman
Krum said he would like to wait until the Re-
Organization Meeting.
BUILDINGS & GROUNDS — Committeewoman Naples
said she would also like to wait until the Re-
Organization Meeting.
Borough Attorney Robert J. Bergen said he had nothing
to report at this time.
PARKS & RECREATION & PUBLIC PROPERTY —
Committeeman Bellino said he had a few items going
on with the kids in Carteret. We're having Basketball
Clinics and we already have the schools almost every
night is covered. What you have is two (200) to three
(300) hundred kids from kindergarten on up. We have
three (3) separate Coaches and based on the age group
most of the schools are being used and that will start
mid December through January.
15
FINANCE & ADMINISTRATION — Committeeman Diaz
had nothing to report.
Mayor Reiman reported that the tree lighting and
Christmas Festival are coming up next week. We had
the opening for the Health Center, very successful.
Things are going very well over there. Obviously, I was
away for the last meeting and there was a question
MYOt'S that arose with regard to FEMA. The Borough did in
01+ENIS fact apply. We applied for close to $1.5 million dollars
in FEMA funding based upon the loses and damage
done to Municipal property during the Hurricane at the
end of August and September. They have tentatively
agreed to about eight hundred thousand dollars ($800,
000T 00) in reimbursement for various expenses
including future improvements to the Waterfront such
as mulching, sod, soil, top soil, top soil seed, and
repairs to the deck.
ARJIXARED After no further discussion, upon MMS &C by
Councilmembers Diaz and DiMascio and unanimous
affirmative vote of the five (5) members present, at
approximately 6:07 P.M. the meeting was adjourned.
Respectfully, submitted,
KATHLEEN M. BARNEY, MMC
Municipal Clerk
16,