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HomeMy Public PortalAbout04-25-13cApril 25, 2013 A Regular Meeting of the Mayor and Council of the Borough of Regular Meeting Carteret was called to order by iNlayor Daniel J. Reiman at 6:00 P.M. Thursday, April 25, 2013, Council Chambers, Memorial Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call the following were noted present: Councilmember Vincent Bellino Jorge Diaz Dennis DiMascio Randy Krum Susan Naples Joseph W. Sitarz Also noted present was Municipal Clerk Kathleen M. Barney, MMC. The meeting was opened with a minute of Silent Prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Roll Call Also Noted Present Silent Prayer/ Pledge of Al legiance The Clerk stated that the 2013 Annual Notice was mailed to The Statement of Meeting Home News Tribune, The Star Ledger and posted on the Bulletin Notice Board on January 3, 2013. Notice was published in The Home News Tribune and The Star ledger on January 8, 2013. Upon MMS &C by Councilmembers Sitarz and Krum and Minutes for Approval unanimous affirmative vote of the full membership present, the meeting of April 11, 2013 was approved as transcribed and engrossed by the Clerk. 1 April 25, 2013 Borough Attorney Noted Present At approximately 6:03 P.M. the Borough Attorney, Robert J. Bergen was noted present. Ordinance - Ordinance First Reading — First Reading 413 -5 Capital Improvement Ordinances for Various Improvements. Ordinance #13- 5 Ordinance #13 -5 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held May 16, 2013 upon MMS &C by Councilmembers Sitarz and Bellino. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Ordinance #13 -5 ORDINANCE 913 -5 Providing for "ORDINANCE PROVIDING FOR IMPROVEMENTS FOR THE Improvements in BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY, Carteret APPROPRIATING $1,479,344 FROM THE CAPITAL IMPROVEMENT FUND & OTHER RESERVES FOR CAPITAL IMPROVEMENTS OF THE BOROUGH FOR THE COST THEREFOR" Resolutions PUBLIC PORTIONS ON RESOLUTIONS /AGENDA ITEMS AND NEW BUSINESS. Open to Public Upon MMS &C by Councilmembers Sitarz and DiMascio and unanimous affirmative vote of the full membership present, the Meeting was opened to the Public. Mayor's Comments Mayor said while they were waiting for person to sign in, they can start the resolutions. 2 April 25, 2013 RESOLUTIONS: 1. 413 -75 Creating Handicapped Parking Space at 9 Sunnyside Drive. 2. 413 -76 Authorizing Execution of an Agreement with the NICUA for Solid waste Disposal. 3. #13 -77 Recycling Tonnage Grant Application Resolution. 4. #13 -78 Award of for 2013 On Call Property Maintenance Program. 5. 413 -79 Authorizing Bids — Industrial Road Drainage Culvert Investigation. 6. 1113 -80 Directing the Issuance of Various Raffle Licenses.. 7. #13 -81 Authorizing Refund of Tax and /or Sewer Fees Overpayment. 8. #13 -82 Extraordinary Unspecified Services- BP Peabody, Re: Litigation Expert Service Resolutions Mayor Reiman added on Resolution 413 -83 for ATM, Applied Mayor added an additional Resolution Technology & Management for $17,500.00 in regard to the United States Army Corp. of Engineers Permit Application. 9. 413 -83 Authorizing an Extraordinary, Unspecifliable Services Contract with Applied Technology & Management, Inc. - Marina Marine Risk Analysis. 3• April 25, 2013 Resolution #13 -75 Creating Handicapped Parking Space Resolution #13 -76 Authorizing Mayor & /or Appropriate Borough Official Executive Agreement Between MCUA and Borough of Carteret Resolution #13 -77 Tonnage Grant Application Resolution #13 -78 Award of Contract 2013 on call Property Maintenance Program Resolution #13 -79 Authorizing Bids - Industrial Rd. Drainage Culvert Investigation Project Resolution #13 -80 Directing Issuance of Raffle License St. Joseph HSA Resolution #13 -81 Authorizing Refund of Tax & /or Sewer Fees Overpayment Resolution #13 -82 BC Peabody Construction Services, Inc. RESOLUTION #13 -75 "CREATING HAIIIDICAPPED PARKING SPACE 9 SUINNYSIDE DRIVE" RESOLUTION #13 -76 "AUTHORIZING THE MAYOR AMID /OR APPROPRIATE BOROUGH OFFICIAL TO EXECUTE E AGREE M IN I BETWEEN WEEIN MIDDLESEX COUNTY UTILITIES AUTHORITY & THE BOROUGH OF CARTERET FOR SOLID WASTE DISPOSAL" RESOLUTION 913 -77 "TONiNAGE GRANT APPLICATION RESOLUTION" RESOLUTION 413 -78 "AWARDING CONTRACT FOR THE 2013 ON CAL PROPERTY MAINTENANCE PROGRAM" RESOLUTION #13 -79 "AUTHORIZING BIDS - INDUSTRIAL ROAD DRAINAGE CULVERT INVESTIGATION PROJECT" RESOLUTION #13 -80 DIRECTING THE ISSUANCE OF A RAFFLE LICENSE TO ST. JOSEPH HSA" RESOLUTION #13 -81 "AUTHORIZING REFUND OF TAX AMID /OR SEWER FEES, OVERPAYMENT" RESOLUTION #13 -82 "AUTHORIZING AN EXTRAORDINARY, UNSPECIFIABLE SERVICES CONTRACT WITH BC PEABODY CONSTRUCTION SERVICES INC. - MARINA PROJECT" 4 April 25, 2013 The Mayor stated that this is in regard to the Marina Discussion Construction, the Army Corp of Engineer's application. The consultant here is a retired Army Corp Colonel who has been instrumental in projects in Tampa, Virginia and a few other places dealing with Army Corp. RESOLUTION #13 -83 "AUTHORIZING AN EXTRAORDINARY, UNSPECIFIABLE SERVICES CONTRACT WITH APPLIED TECHNOLOGY & MANAGEMENT, INC- MARINA MARINE RISK ANALYSIS" were adopted. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Josie Tozzi, 21 Capp St. said she wanted to discuss with the Mayor the pulling out of TNR. Mayor Reiman said about one hour ago he spoke to Alex. We are to move ahead and set up funding and we'd like the group to be involved with it. However, as you know from some of the correspondence back and forth, they pretty much want a blank check and do not want any rules or regulations. What we put in writing is what the proposal is and they haven't made any recommendations in regards to any changes aside from saying it. The Mayor said he is prepared to sit down with Ms. Tozzi and the group again, we have said that multiple times, in emails back and forth and they are welcome to come in or have a conference call. None of the regulations, none of the proposals are new laws. This is a Board of Health issue with regard to the Trap, Neuter, Release Program. As you know in the past, the Administration has been supportive of TNR. We have funded TNR programming and this year we have offered to set aside $10,000.00 from the Board of Resolution #13 -83 Service Contract with Applied Technology & Management, Inc. Adopted Josie Tozzi - TNR Mayor's Comments 5 April 25, 2013 Mayor's Discussion Continued Miss Tozzi Health Trust Fund to support a modified TNR but we've set the rules and regulations that you can't trespass on somebody's private property. You can't catch, neuter or release on someone's private property unless you have permission from the property owner. None of this is new but they don't want to see it in the proposal. The Mayor said his issue is and the Borough Attorney issue is if we don't do that and you go out there you are not protected as being a TNR Volunteer approved by the Board of Health. If you guys just want the funding, I don't have a problem with that either but unless we have something formal we run the risk of either the County Board of Health or the State or private property or anybody else, a police officer filing charges against you for releasing a cat or any other animal in public domain which is technically illegal. We are trying to put in place but we have to make sure that it protects the Town from litigation and more importantly it protects the advocates and the volunteers who are looking to do the program. As I said to Alex today, you want the funding, just come in and we'll set it up as you and I have done years ago. If we want to do the full blown TNR that he supports we need to have some response back aside from 'we don't like it.' Miss Tozzi said she was frustrated. We need the funding; we cannot accept money without negotiations. Mayor Reiman said we are willing to negotiate but they are saying that we don't want a policy, we don't want a regulation and we don't want anything in writing. None of this is new and if you want to take the existing policy and take 90% of it out, that is fine. It doesn't change the fact that those are current laws. The reason we did that was simply to codify what the current laws are and what we're changing to try to do the program. Ms. Tozzi spoke about a meeting with Izabal Straus and Mike Sica, going line by line ... (inaudible). That was never... April 25, 2013 Mayor Reiman said in the three or four emails that Michael Sica Re: Animals sent her, he said to come in and have a meeting. They told him they didn't want a physical meeting now. They want a phone conference. I don't care if it's a phone conference or it is a meeting let's just get it done. Ms. Tozzi said she will see what she can do. At this time Ms. Tozzi Miss Tozzi left the left the meeting. Meeting Upon MMS &C by Councilmembers Sitarz and Krum and Closed to Public unanimous affirmative vote of the full members present, the meeting was closed to the public. Mayor Reiman said in regards to that, we funded TNR Programming in the past. Despite what some people say, we've been very supportive of that. The issue we have is this particular defense league for animals, they don't want a specific policy and he can't give, the Board of Health and the Council can't give permission for someone to go on private property. So they tried to set up rules and regulations to provide funding, to provide the ability to TNR, because over a period of time it will reduce the population. If a cat is spayed or neutered then they will stop spraying and screeching or whatever else they may do. Councilman DiMascio asked if they need something in writing to go on someone's property. The Mayor replied that they would need permission from the property owner and we recommend if they get permission that they get it in writing. They don't want to do that and that is some of the problems they've had in the past. Some of the TNR Programs that haven't been approved, that they are doing, and they get permission from Jane Doe or John Smith and then six weeks later they deny giving permission and some people get arrested for trespassing. TNR Programming Re: Permission to go onto someone's property - in cvriting 7 April 25, 2013 Councilwoman Naples asked if that would make the town liable. Discussion Mayor Reiman said we are telling them that this is part of the Continued policy, we're saying you can't go on private property without permission. Councilman DiMascio said it might be their personal cat. The Mayor added that you can't trap, neuter or release on private property without permission. These are the things that the group is objecting to. That we're trying to work out. Consent Agenda Resolutions #13 -75 through #13 -83 were referred by the Mayor to the Council for action. Upon MMS &C by Councilmembers DiMascio and Sitarz, the Resolutions were adopted. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Payment of Bills PAYMENT OF BILLS — Upon MMS &C by Councilmembers Diaz and Sitarz all bills appearing on the prepared list properly audited and signed, were Paid ordered to be paid. Upon individual roll call Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Reports REPORTS- 1. Board of Health /OOA — February & March 2013 F April 25, 2013 Upon MMS &C by Councilmembers Diaz and Bellino and unanimous affirmative vote of the full members present the report was ordered to be received and placed on file. COMMITTEES — BUILDINGS & GROUNDS — Councilwoman Naples reported that just recently the Borough's front steps and the side steps have been painted and coated. The lights outside have been replaced with high energy efficient lighting. Last weekend the department was preparing for Little League Opening Day, SIKH Flag raising, parade and festivities. Thank You. FINANCE AND ADMINISTRATION — Councilman Diaz reported that the sewer collection period ended on April 15 The delinquent notices were sent out for sewer user fees. The Tax Collection period also begins on May 1 51 and ends on the 10 of May. The 2013 Municipal Budget has been submitted to the State for review and we have our Public Hearing scheduled for mid May. Other than that, continued progress. FIRE- Councilman Krum reported as you all know, on April 1 the Fire Department started 24 hour EMS Services. That was after the Volunteers abruptly ceased serving the Citizens of Carteret They gave us three or four days notice and it is working well. Also the Fire Department invested 104 man hours over 2 days, April 19 and 20 to help other Borough departments with the neighborhood cleanup program. Also, a member of (inaudible) replaced roof tops HVAC Motors and belts and restored services to Fire Headquarters, saving hundred of dollars in contractor's costs. Reports Committees Buildings & Grounds Finance & Administration Fire G7 April 25, 2013 Parks & Recreation/ PARKS & RECREATION / Public Property PUBLIC PROPERTY - Councilman Bellino reported that the weather is changing and there is more activity outside We are cleaning up the parks. The baseball field and softball field are in full swing and are used over the weekends and almost every night. We have quite a few Tournaments going on. Progress and other than that we are waiting for the contract to be finalized to get the work done at the Waterfront so we can have some activities down there. Mayor Reiman said he received a phone call on Monday from the Mayor - Comment County Parks Superintendent Ralph Albanir. There is a group..from Woodbridge looking to use the County Fields. While we handle most of the scheduling for the County Fields at Medwick Park, it can't be restricted to Carteret Residents only. Apparently this league in Woodbridge is looking to use this field every once and a while. They approached the Carteret Little League and supposedly the Little League's cannot just take and tie up use of the entire field all season long if they are just not going to use it. So, just to be aware, any outside organizations or nonprofit group can take a permit and use, under the law, our fields or the County Field. It just has to be scheduled and League's cannot just take and tie up use of the entire field all season long if they are just not going to use it. So if they are going to book those hours in Carteret the residents and Carteret teams get preference. If they are going to book those hours and not use the fields they run the risk of voiding the balance of their permit. Police POLICE- Councilman Sitarz reported three new Tahoe vehicles are in. We are sending it out to get the doors painted black and we are waiting for the six other ones. He asked about the CAD System. Mayor Reiman said CAD is up and running. It is the computer aided dispatcher. If you want to come and tour it is basically an interactive service aside from just doing look -ups. All police 10. April 25, 2013 vehicles will have MDT (Mobile Data Terminals). They will be able to run their own background checks to the State Police and to the criminal background to the DNIV. They N,vill obviously still use the dispatcher but it is a computer -aided dispatch and the system will be able to identify what car and what location or region so the dispatch can direct the closest car to a particular call. It is a state of the art equipment recommended by multiple divisions in departments around the State. It was funded about 40% by the County Prosecutors Office. The Department is still going through training. It is up and running and live and it will require a lot more work on their end but they will also be able to, on down time (inaudible). They will be able to type a report right from their vehicle. Councilman Sitarz asked a question about what Councilman Krum was saying.. Mayor Reiman said we are doing a title search of the First Aid building to see if there are any deed restrictions or other issues relative to it. I know we all want to talk about what is going to happen with it and the bottom line is we don't know. They are a private, nonprofit corporation. So their equipment, their assets building does not necessarily come back to the Borough of Carteret. We are going to take a look at the deed and see if the city or sometimes in these instances if there were volunteers or money set aside money years ago there may be a reverter clause that says, if it is not in use for this it may go back to the city. We will find that out. As far as their equipment, if they are interested in selling it we'd be interested in buying it. But beyond that they are a private entity organization. They eliminated their volunteer status about three years ago As Councilman Krum said, they gave us five days notice which was insane. They sent us the letter at the end of March saying effective April lst they were no longer covering the Borough of Carteret. We were fortunate that we were prepared. We had enough full time and part time volunteer EMT's. There are full time and part time per diem EN1T's who are Mayor's Discussion Re: Police Re: First Aid Building 11 April 25, 2013 ready to start work. We Immediately went from a 12 hour services to a 24 hour operation. Public Works PUBLIC WORKS — Councilman Diwlascio reported that he found out there is a sink hole at the corner of Capp and Jackson Avenues. There is a very large hole in the ground and you can see all the way down. John DuPont is aware of it. B &W was at the site to look at it, so I guess they will be taking care of it. Mayor Reiman said it is not uncommon for it to be there with the storm water runoff or if there is a crack in the sewer line. The whole ground can get washed away. On Locust Street a residential home behind Locust Street during the storm had a 72 inch Sinkhole diameter storm water line separate and the backyard was literally washed away into this line that goes under their property. It has been repaired but the larger the line the more damage can be done. You've seen in New York City where literally it goes down a story. bVe are going to continue with the Spring Cleaning on Friday and Saturday and we are picking up more garbage and debris. It is getting the cars off the streets so we can clean the streets by power washing the sidewalks and streets. Somebody said to the Mayor that the streets did not look any different prior to. It all depends on how well you keep your property. Some residents clean the curb line like he does and some will let garbage pile up and they have it everywhere. Councilman Diwlascio said there is a list of signs that are missing and a list of potholes for Mr. DuPont. He also reported progress. Board of Education BOARD OF EDUCATION LIAISON- Councilwoman Naples reported Liaison that she met with the Mayor today with a representative who (inaudible) had serviced the Middle School for several years, five years before last year, when last year we were denied that Grant. We are working to get it reinstated for about $555,000.00 for five years. What he does need from us is for the Mayor to sign off on anything that goes to the State. Without that step being done it is 12 April 25, 2013 a wash. We're on board with that. We are now looking for potential Partnerships for different agencies, perhaps some business to participate and offer some services. They plan on expanding that program if it is accepted to Columbus School, fourth and fifth grade and implement the Summer Program. This will have a total amount of two hundred sixteen students that they will be able to service. Also what was discussed today, that prime time between three and six is ripe breeding ground for gang recruitment and we feel that this is critical. Mayor Reiman asked Councilwoman Naples if the Board may have illegally fired their insurance consultant. They may have illegally hired a new one without going out to bid requests for proposals, requests for qualifications and anything else along those lines under fair and open practice. Rest assured that we will be looking into it and contacting the Prosecutors Office on that. Councilman DiMascio asked the Mayor a question about the Waterfront and Councilwoman Naples told him not until she was finished. Councilwoman Naples sent congratulations to Katy Golino, a Senior at Carteret High School. She was highlighted this month as the Scholar Athlete on News 12 New Jersey. She bowls, plays softball and is a Cheer Leader. She has always had an outstanding GPA. There are two walks that are going to be sponsored. The first, May 18 sponsored by the Pathway School Youth Bay Services in the High School. It is a Bullying prevention walk. We all got information on that. Also on June 1st Carteret Conquers Cancer in memory of Jessica Kushner. Last year the Middle School raised $13,000.00 and hopefully they can reach and go over that goal this year. Mayor Reiman said in reference to his previous statement, rest assured that it is not the first or the last illegal activity that they've undertaken on the Board of Education, for the record. Re: Gang Recruitment Mayor Reiman Re: Katy Golino Star Athlete Re: Cancer walk Re: Bullying 13 April 25, 2013 State Police Barracks under construction The Mayor said with regard to the State Police, the Barracks are under construction. We're hoping to have it completed around August or September. It is obviously very important to them because they are relocating out of Newark Bay and moving that troop and Marine Division Terminal down to Carteret. It is also part of other homeland safety and security issues relative to the Channel, North and South along Raritan Bay. We still have to bring in the water and sewer lines, which is out to bid and we hope to have those numbers soon and we'll -bring the water and sewer line down along the Southern end of that property to connect that. We are as you know, the Army Corp of Engineers has at the moment held up our permit to dredge the Marina, to construct the Marina. That is one of the reasons we engaged two consultants tonight. The Harbor Operations Commission which is basically lakees take out for the Harbor pilots, a bought off committee, part of the Port Authority and they have basically tried to hold up the process. They opposed the initial pier, they opposed the extension and they oppose the initial boating ramp and the boating dock they even opposed Danielle's Garden. They don't want any useful recreation along any waterway especially the Arthur Kill Channel. So we just need to play the game, go through the process and hopefully get it approved. Councilman Krum spoke about the Marine Barracks and said he heard some rumors it was held up because of flooding. Mayor Reiman replied no, nothing to do with flooding. They are fourteen feet above elevation and the water level. Even before the new FEMA Maps came in we boosted them up a couple feet to make sure there was not any issues long term. Recycling With regard to Recycling, I received an email or request today; a resident asked me why we separate recycling when he saw a driver today throwing the paper, cardboard, cans and grass in the same truck. The answer is it used to be separated and the trucks used to pick up separately. This month we signed a contract with 14 April 25, 2013 a recycling company where we take it and we are getting $40.00 a ton. It is a single separation so it all goes into one truck and they have an automated machine that picks apart everything. The reason we are not telling residents to start comingling is because that contract is a pilot project. Three, six months, a year from now we go to a different vendor they might have to separate. So, I don't want to tell them today to throw it all in one can and six months or a year from now, tell them they have to separate. This company can do a single stream separation on site. Mayor Reiman said starting 11/lay 1 Blue Cross /Blue Shield of New Jersey will provide one million of their customers the opportunity to join a hospital based Wellness Center where Horizon will pay $20.00 per month per member if you have Horizon Health Insurance. You have to go three times a week and it is only to a hospital based fitness and wellness. For instances anybody who has Blue Cross /Blue Shield would be able to go over here and depending on your level of membership you would get a $20.00 rebate from your Health Insurance Company so long as you go three times a week. After no further discussion, upon IYIMS &C, by Councilmembers Diaz and DiMascio and unanimous affirmative vote of the full membership present, the meeting was adjourned at approximately 6:27 P.M. Re: Recyclsg Re: Blue Cross /Blue Shield Respectfully submitted, Adjourned KATHLEEN M. BARNEY, IVIMC Municipal Clerk Council fleeting April 25, 2013