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.
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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.
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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.
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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"
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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