Loading...
HomeMy Public PortalAbout03-21-13cMarch 21, 2013 A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman at 6:00 P.M., Thursday, March 21, 2013, Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call the following were noted present: Councilmember Vincent Bellino " Dennis Di Mascio " Randy Krum Susan Naples Joseph W. Sitarz Noted absent was Councilman Jorge Diaz. Also noted present was Municipal Clerk Kathleen M. Barney, MMC and Borough Attorney Robert J. Bergen, Esq. The meeting was opened with a minute of Silent Prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Regular Meeting Roll Call Noted Absent Noted Present Silent Prayer & Pledge of Allegiance 0 March 21, 2013 Statement of The Clerk stated that the 2013 Annual Notice was mailed to The Meeting Notice Home News Tribune, The Star Ledger and posted on the Bulletin Board on January 3, 2013. Notice was published in The Home News Tribune and The Star ledger on January 8, 2013. Minutes Approved Upon MMS &C by. Councilmembers Bellino and Krum and unanimous affirmative vote of the five (5) members present, the Minutes of March 7, 2013 were approved as transcribed and engrossed by the Clerk. Ordinance ORDINANCES - First Reading - First Reading 1. #13 -4 Amending and Supplementing Chapter 254 of #13 -4 the Code, Re: Bristol Station. Mayor Reiman said this is commonly referred to as a Title 39 Agreement. Basically what this would allow is as the Police do Comments their routine patrols they need permission from private property owners for purposes of Ordinance violations, Title 39 parking violations, maybe there is expired registrations or expired inspection, no insurance and those types of things. So we have, in regards to the shopping centers, certainly in the public right of way, we always have them. We don't go on public property without an agreement in place. This would allow the police during routine patrols, if they happen to be driving through Bristol Station and there is an unlicensed, unregistered or expired or an uninsured car, they would be able to ticket it and also tow it. Upon MMS &C, by Councilmembers Sitarz and Bellino Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilman Diaz was noted absent. 2 tlarch 21, 2013 Public Hearing — Ordinance #13 -1 Amending Ordinance 471 -9, Re: AFSCAAE Local #2291. The Clerk stated that Ordinance #13 -1 was introduced and adopted on first Reading at a meeting of the Borough Council of the Borough of Carteret held on March 7, 2013. It was published in The Home Mews Tribune on March 13, 2013 with notice that it will be considered for final passage after Public Hearing to be held on March 21, 2013 at 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 NIMS &C by Councilmembers Sitarz and Bellino and unanimous affirmative vote of the five (5) members present, the Mayor declared the Public Hearing to be Open. There were no comments from the Public. There being no comments or objections to the, Ordinance the Mayor declared the Public Hearing to be closed upon WINS &C by Councilmembers Sitarz and Krurn and unanimous affirmative vote of the five (5) members present. Councilman Diaz was noted absent. Upon MMS &C by Councilmembers Sitarz and Krum Public Hearing Ordinance #13 -1 Open Closed ORDINANCE #13 -1 Ordinance 113 -1 "AN ORDINANCE TO AMEND ORDINANCE #71 -9 ESTABLISHING Salary Ordinance SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYESS OF THE BOROUGH OF CARTERET' 3. Narc'a 21, 2013 was iinalY l was finally Adopted. Upon individual roll call vote adopted Councilmembers Bellino, Dii'ilascio, Krum, Naples and Sitarz voted in the affirmative. Councilman Diaz was noted absent. APPROVED AND ADOPTED: MARCH 21, 2013 INTRODUCED: MARCH 7, 2013 Advertised as Adopted on First Reading with notice of Public Hearing: MARCH 13, 2013 Hearing Held: MARCH 21, 2013 Approved By: MAYOR DANIELJ. REIMAN Advertised as finally Adopted: 27, 2013 Ordinance #13 -3 Ordinance 913 -3 — Public Hearing — Public-Hearin'g #3. Ordinance 913 -3 Borough of Carteret, County of Middlesex, NJ Calendar Year 2013 Ordinance to Exceed the Municipal Budge Appropriation Limits & to Establish a CAP Bank. The Clerk stated that Ordinance 13 -3 was introduced and adopted on First Reading at a meeting of the Borough Council of the Borough of Carteret held on March 7, 2013. It was duly published in The Home News Tribune on March 13, 2013 with notice that it will be considered for final passage after Public Hearing to be held on March 21, 2013 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 Krum and Open unanimous affirmative vote of the five (5) members present, the Mayor declared the Public hearing to be opened. There were no comments from the public. March 21, 2013 There were no comments from the public. 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 Bellino and unanimous affirmative vote of the five (5) members present. ORDINANCE #13 -3 'BOROUGH OF CARTERET COUNTY OF MIDDLESEX, NEW JERSEY CALENDAR YEAR 2013 TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.1.S.A. 40AA- 15.14) Upon MMS &C, by Councilmembers Sitarz and Bellino,Ordinance #13 -3 was finally Adopted. Upon individual roll call vote Councilmembers Bellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilman Diaz was noted absent. APPROVED AND ADOPTED: March 21 2013 INTRODUCED: ' MARCH 7, 2013 Advertised as Adopted on First Reading with notice of Public Hearing: — MARCH 13, 2013 Hearing Held MARCH 21, 2013 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: APRIL 1,2013 PUBLIC PORTIONS ON RESOLUTIONS /AGENDA ITEMS AND NEW BUSINESS: Closed Ordinance #13 -3 Calendar Year 2013 -to Exceed Municipal Budget Finally adopted Resolutions /Agenda 5 March 21, 2013 Open to Public Upon MMS &C by Councilmembers Sitarz and Krum and unanimous affirmative vote of the five (5) members present the meeting was opened to the public. Kevin Brister, 100 Pershing Avenue — said he was only here in Kevin Brister Carteret for about a year when he locked his keys in the car. He wanted to thank the Fire Department for helping him get the keys out. Mayor Reiman asked if they damaged his car. Discussion Kevin Brister replied no, no damage at all. Also, the playground, he wanted to know who is responsible ... (inaudible)... He wants to thank some of the people. Mayor Reiman asked if it was the spray park. That should open sometime in May. We expect it to be wildly popular with the kids in town. The Engineers are checking with other towns and are coming up with the rules and timing. Once the ground thaws, they'll turn the system on and check for leaks in the pipes and issues from Winter months. But hopefully by May. Kevin Brister asked about the government. He asked if it was a strong Mayor, weak Council form. Mayor Reiman said there are five (5) types of governments in New Jersey. Borough being the most common. The Mayor is the Executive Officer and the Council shares Legislative and has executive authority as well. We have a good team . The Mayor said he works full time so he runs the day to day operations. Meeting Closed Upon MMS &C by Councilmembers Sitarz and Bellino and to Public unanimous affirmative vote of the five (5) members present the meeting was closed to the public. A March 21, 2013 RESOLUTIONS: 1. #13 -50 Authorizing Refund of Tax and /or Sewer Fees Overpayment. 2. #13 -51 Authorizing Receipt of Bids for the Annual Emergency Sewer Service Contract. 3. #13 -52 Authorizing an Extraordinary Unspecifiable Services Contract with the Landtek Group,lnc., for 2013 - Synthetic Turf Maintenance 4. 913 -53 Authorizing Recycling Agreement with Green Sky Industries, Inc. 5. 913 -54 Authorizing a Professional Services Contract with the Law Firm of Bathgate, Wegener & Wolf., Re: Marina /Waterfront Project. 6. #13 -55 Authorizing Execution of the Consent Judgment for Settlement in the Action Entitled, New Jersey Department of Environmental Protection v Occidental Chemical Corporation, Et AL 7. 913 -56 Urging Congress to Delay the Implementation of the Bigger Waters Act 2012. Mayor Reiman said these are one of those acts which would require and force homeowners into the flood insurance program and significantly raise the rates. 8. 413 -57 Approving Professional Services Contract — McManimon, Scotland & Baumann, LLC, Re: Tax Appeals & Various Legal Matters. Resolutions Mayor Reiman said he really wants to talk about Resolution #13- 55. If you recall, a few years ago, probably eight (8) years ago the Department of Environmental Protection filed suit against Discussion Occidental Chemical Corporation and other Chemical Companies with regard to the Passaic River Valley litigation. Those chemical companies filed suit against every Public Agency that were somehow tied into the Passaic River Valley. So, Carteret, in the 7. March 21, 2013 '60's and '70's operated its own sanitary sewerage treatment plant. We were named the southernmost town in that suit because this is the Passaic River obviously north of us. It includes municipalities, (inaudible) includes County Authorities, Improvement Authorities, County Utility Authorities and other Discussion Governmental Agencies. We've spent to date probably Continued $150,000.00, in soft cost legal fees defending us. It is practically impossible for our sewage to have gone up stream against the flow of the tide to deposit itself into the Passaic River Valley Watershed thirty (30) years ago. That being said the DEP is offering the town the opportunity to settle. We would be paying them basically $100,000.00 settlement which would be deducted over two (2) years from our Energy and (inaudible) receipts. The Mayor said he is not a fan of the settlement but if we don't settle it could cost us one half a million dollars in legal fees to prove that we didn't contaminate anything. All the towns are settling. The DEP didn't sue the Towns, theysued the Chemical Companies to tie up the project because it's going to be billions of dollars in fees for the chemical companies to clean up the river and they in turn sued all the towns. So, for one hundred thousand dollars, it goes to the DEP, they use it clean up the water and they get it from 50 to 60 Towns and the case goes away. We are obviously recommending a settlement with the DEP on this even though we could fight it, we have been fighting it for probably eight (8) years and spent close to two hundred thousand dollars so at this point in time we just want to be done with it. Mr. Bergen said it's going to get much more expensive from this point on. Mayor Reiman saidithasnot even gone to Federal Court. It has only been going through the process of depositions and the interrogatories. If it goes through the Federal Court it could last years and cost millions. Mayor Reiman asked for a motion on the Consent Agenda 0 March 21, 2013 Resolutions #13 -50 through 413 -57 were introduced by the Mayor Consent Agenda and referred to the Council for action: Upon MMS &C by Councilmembers Bellino and Sitarz RESOLUTION #13 -50 Resolution #13 -50 Refund of Tax /Sewer "REFUND OF TAX AND /OR SEWER FEE OVERPAYMENTS" Fee Overpayment RESOLUTION #13 -51 Resolution #13 -51 "AUTHORIZING RCEIPY OF BIDS FOR THE ANNUAL EMERGENCY Bids for Annual SEWER SERVICES CONTRACT" Emergency Sewer Service Contract RESOLUTION #13 -52 Resolution #13 -52 "AUTHORIZING EXTRAORDINARY, UNSPECIFIABLE SERVICES CONTRANT WITH LANDTEK GROUP, INC. - SYNTHETIC TURF Re: Landtek Group, Inc. MAINTENANCE" Synthetic Turf Maintenance RESOLUTION #13 -53 Resolution #13 -53 "AUTHORIZING RECYCLING AGREEMENT WITH GREEN SKY Recycling Agreement INDUSTRIES, INC." Green Sky Industries, I RESOLUTION 413 -54 Resolution #13 -54 "AUTHORIZING A PROFESSIONAL SERVICES CONTRACT -WITH THE Professional Services LAW FIRM OF BATHGATE, WEGENER & WOLF" hhrina/ldaterfrent Project RESOLUTION #13 -55 Resolution #13 -55 "AUTHORIZING EXECUTION OF THE CONSENT JUDGMENT FOR Re: NU Department of SETTLEMENT IN THE ACTION ENTITLED, NEW JERSEY Environrental Protection v. Q- cidential C d.cal Corp.. DEPARTMENT OF ENVIRONMENTAL PROTECTION, v.O00IDENTIAL et al CHEMICAL CORPORATION, ET AL DOCKET NO. ESX -L- 9868 -05 (PASR)" RESOLUTION 413 -56 Resolution #73-56 "URGING CONGRESS TO DELAY THE IMPLEMENTATION OF THE To Delay Inplscentation of BIGGER WATERS ACT OF 2012" Bigger [daters Act 2012 9. march 21, 2013 Resolution #13 -57 RESOLUTION #13 -57 Professional Services- APPROVING PROFESSIONAL SERVICES CONTRACT— MCMANIMON, ivNaniiwn, Scotland & Baumm, LLC SCOTLAND & BAUMANN, LLC, vere adopted. Upon individual roll call vote Councilmembers sere adopted 3ellino, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Councilman Diaz was noted absent. Bill List vlMS &C, by Councilmembers Sitarz and Krum, all bills appearing )n the bill 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. Councilman Diaz was noted absent. COMMITTEES: 'omdttees BUILDINGS AND GROUNDS — Councilmember Naples reported' Erdldirjgs & Grascls that the Recreation Building is coming along and is almost done; the Library is completely finished after Hurricane Sandy. We have volunteers now to put the books back on the shelves to get it aesthetically ready but it is pretty much ready to go. She'll have some more information on the Historical Center Upgrades at the next meeting. Thank You. , FINANCE & ADMINISTRATION — Councilmember Diaz is absent. uvnre & A6rd nistration Progress in that department. FIRE & DOMESTIC PREPAREDNESS- Councilmember Krum stated Fire & Damstic that at the next meeting with the Chief, he'll let the men and Preparedrsss women of the fire ' department EMT service know ... (inaudible) ... the Fire Department hired ten (10) per diem EMT's' Most have completed their training and they are currently working on the ambulance. On April 27` the Fire Department will be conducting their annual Live Burn training at the Middlesex 10. March 21, 2013 Fire Academy with both career and volunteer firefighters participating. PARKS, RECREATION & PUBLIC PROPERTY- Councilmember Bellino reported that they started the summer program with the new concerts in the park. It looks like we will be able to use Carteret Park for Friday Night concerts but we are still in limbo as far as the Waterfront goes because of the electric and the damage done by the hurricane. We do have some bands set up and we're actually thinking about doing it right outside the door of Borough Hall where we have plenty of room for people to just kind of hang out. It would bring a lot more people into the Town Center. That is still up for discussion. Progress. POLICE — Councilmember Sitarz reported that the Police Department is in the process of picking out new vehicles. Some of the new vehicles that are coming in are quite small and there is some trouble for people to get in. so we have to look for something bigger and the CAD System should be ready in April sometime . Progress. PUBLIC WORKS- Councilmember Dilvlascio reported that they skated by another storm last week and it looks like this one is going to miss us on Monday, God willing. We did pretty good this year. He reached out to Mr. DuPont about those speed humps on Monroe and Tennyson. They are dangerous turns. Mayor Reiman said as long as they're not speeding, then it should be fine. They're not putting any speed humps down until Spring because then we can't plow with them. Councilmember DiMascio said they talked about this a few months ago, that we would wait until the weather gets better. It looks like it's going to break now so he's going to see what he can do, put them down. Parks, Recreation & Public Property Police Public tbrka Discussion ll. Plarth 21, 2013 Mayor Reiman stated that the snow trust fund has been significantly depleted. Last year we spent $42,000.00 in overtime and salt. Councilmember DiMascio said hopefully, if we keep our fingers crossed we will not have another bad storm. Progress. Board of Education Iiasion BOARD OF EDUCATION LIAISON — Councilmember Naples reported School will be closed for Spring break March 29 to April 5 th Teacher of the year District wide is Dorothy Connelly She will be the representative from the High School who will represent the County. We wish her well. Carteret High School is presenting the First Annual Walkathon to prevent bullying. Saturday, May 18 the walk begins at 10:00 A.M. and registration will follow shortly so she will keep us informed. Thank You. Mayor Reiman said CME and T &M Engineering have been directed to review some of the streets. As you know I proposed in The State of the Borough a six million dollar capital plan, three million dollars specifically for street paving and three million dollars for next year. They are coming up with a list of streets and he would love to do them all at once but it is just impractical in terms of budgetary reasons. We are always trying to get the Discussion biggest bang for the buck by bundling them together and see what kind of numbers will come in. Mayor Reiman said he expects to have a list to show the Council sometime in the next couple of weeks once we have the preliminary numbers and estimates based upon several factors including whether or not the DOT can provide any funding for certain streets. Whether the County is providing any funding which they will only do for County Streets and roadways. We are looking at about a four million dollar Capital plan, three million earmarked for paving and road improvements. With that, you'll have a flyer that the Mayor handed out in the beginning of the meeting. It will appear shortly in the newspaper as well as the Borough web page. Looking for SLED 1 and 2 which are for Special Law Enforcement Officers, part iI" March 21, 2013 time one and two as well as the possibility of intergovernmental transfers from Civil Service Communities or departments and those off the Civil Service List. The State controls the list of eligible appointments. The (Mayor said he expects they will call for a new Discussion entry level examination sometime this year. At the point and time they announce that Carteret Residents will be eligible so long as they are eighteen years old and are citizens. We will obviously advertise at that time through the newspaper and newsletters. They will have to file an application with the State Department of Personnel and then take the test. I don't know if you saw in the newspaper yesterday, Linden announced that they will be layoff 32 firefighters, 22 police officers, closing 4 fire houses and will be 5.2 million dollars over what they are allowed to spend. As an example this year we are three million dollars under what we are allowed to spend and we have never had a layoff. We have not gone on a hiring spree like some other towns have done we have significantly reduced the overall operation as well as departmental staffing except Police and Fire'where we've had retirements. In the Police Department, we are looking to hire about 10 Police Officers, full time, this year and perhaps dozens of part time officers as well. We've gone from roughly 220 full timers to about 150 this year through attrition, retirements and budgeting over the last ten years. After no further discussion and upon MiMS &C by Councilmembers Adjourned Sitarz and Krum and unanimous affirmative vote of the five (5) members present the meeting was adjourned at approximately 6:20 P.M. Councilman Diaz was noted absent. Res ec fully submitted BA RNEY, - KATHLEEN M. BA MMC Municipal Clerk 13. March 21, 2013 - Council Meeting 14