HomeMy Public PortalAbout10-17-13cOCTOBER 17, 2013
A Regular Meeting of the Mayor and Council of the Borough of REGULAR MEETING
Carteret was called to order by Mayor Daniell. Reiman at 6:00
P.M., October 17, 2013, Council Chambers, Memorial Municipal October 17, 2013
Building, 61 Cooke Avenue, Carteret, New Jersey.
Upon Individual Roll Call Vote the following were noted present: ROLL CALL
Councilmember Vincent Bellino
" Randy Krum
Susan Naples
" Joseph W. Sitarz
Noted Absent were Councilmembers Jorge Diaz and Dennis
DiMascio.
Also noted present was Municipal Clerk, Kathleen M. Barney and
Borough Attorney Robert J. Bergen.
The meeting was opened with a minute of silent prayer and the Silent Prayer/
Pledge of Allegiance led by Mayor Daniel J. Reiman. Pledge of Allegiance
The Clerk stated that on January 3, 2013 the 2013 Annual Meeting STATEMENT OF
Notice was mailed to The Home News Tribune, The Star Ledger MEETING NOTICE
and posted on the Bulletin Board. Notice was published in The
Home News Tribune and The Star Ledger on January 8, 2013.
1
OCTOBER 17, 2013
MINUTES FOR Upon MMS &C by Councilmembers Sitarz and Bellino and
APPROVAL unanimous affirmative vote of the four (4) Councilmembers
present the Minutes of October 3, 2013 were approved,
transcribed and engrossed by the Clerk.
ORDINANCES ORDINANCES: First Reading:
ORDINANCE #13 -19 ORDINANCE #13 -19 was introduced and adopted on First Reading
"Authorizing the and the Clerk authorized and directed to advertise sane for Public
Acquisition of Hearing to be held on November 7, 2013 , Upon MMS &C by
Certain real
Property" Councilmembers Sitarz and Naples. Upon individual roll Call Vote
Councilmembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmembers Diaz and DiMascio were noted
Absent.
First Reading 'AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY"
ORDINANCE #13 -20 ORDINANCE #13 -20 was introduced and adopted on First Reading
"Amending Chapter and the Clerk authorized and directed to advertise sane for Public
160, 'Land Development Hearing to be held on November 21, 2013, Upon MMS &C by
of the Code Councilmembers Sitarz and Bellino, Upon individual roll Call Vote
Councilmembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmembers Diaz and DiMascio were noted
Absent.
First Reading
"AMENDING CHAPTER 160/1-AND DEVELOPMENT' OF THE CODE"
2
OCTOBER 17, 2013
ORDINANCE #13 -21 was introduced and adopted on First Reading ORDINANCE #13 -21
and the Clerk authorized and directed to advertise sane for Public Authorizing the
Acquisition of
Hearing to be held on December 19, 2013, Upon MMS &C by Abandoned Properties"
Councilmembers Sitarz and Bellino. Upon individual roll Call Vote
Councilmembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmembers Diaz and DiMascio were noted
Absent
"AN ORDINANCE TO AUTHORIZE SECURING POSSESSION AND /OR First Reading
ACQUISITION OF ABANDONED PROPERTY WITHIN THE BOROUGH
OF CARTERET ACCORDING TO LAW" Mayor Reiman
Mayor Reiman explained that under the law this would give us the
ability to force the banks to clean up some of the abandoned or
foreclosed properties and seize the properties and put them up
for sale.
ORDINANCE #13 -12
Public Hearing- "Amending Ordinance
The Clerk stated that Ordinance #13 -12 was introduced and #71 -9"
adopted on First Reading at a meeting of the Borough Council on
August 15, 2013. It was duly published in The Star Ledger on
October 1, 2013 with notice that it will be considered for final
passage after Public Hearing to be held on October 17, 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.
Public.Hearing
Upon MMS &C by Councilmembers Sitarz and Naples and
unanimous affirmative vote of the four (4) Councilmembers
present, the Mayor declared the Public Hearing to be open.
There were no questions or comments.
3
OCTOBER 17, 2013
Ordinance #13 -12 Cont:
Public Hearing
Closed There being no further comments or objections to the Ordiniance,
the Mayor declared the Public Hearing to be closed upon MMS &C
by Councilmembers Sitarz and Bellino and unanimous affirmative
vote of the four (4) Councilmembers present.
Upon MMS &C by Councilmembers Sitarz and Bellino
ORDINANCE #13 -12
"AN ORDINANCE TO AMEND ORDINANCE #71 -9 ESTABLISHING
SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENT OF
SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE
BOROUGH OF CARTERET"
Adopted
was finally Adopted. Upon individual Roll Call Vote,
Councilmlembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmembers Diaz and DiMascio were noted
Absent.
APPROVED AND ADOPTED: OCTOBER 17, 2013
INTRODUCED: AUGUST 15, 2013
Advertised as Adopted on First Reading
with notice of Public Hearing: OCTOBER 1, 2013
Hearing Held: OCTOBER 17, 2013
Approved by: MAYOR DANIEL I. REIMAN
Advertised as Finally Adopted: OCTOBER 25, 2013
Mayor Reiman
Mayor Reiman explained that this is a salary ordinance for the
White Collar Contract for AFSCME employees, number 3850.
4
OCTOBER 17, 2013
The Clerk stated that Ordinance #13 -18 was introduced and
adopted on First Reading at a meeting of the Borough Council
held on September 19, 2013, It was duly published in The Home
News Tribune on October 2013 with notice that it will be
considered for final passage after Public Hearing to be held on
October 17, 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.
ORDINANCE #13 -18
"Capital Improvement
Ordinance from
Developer Impact Fees
Providing for Various
Capital Improvements
and Land Acquisition"
Mayor Reiman explained that this is a Capital Improvement Mayor Reiman
Ordinance which appropriates $3,320,000 already sitting in the
Capital Improvement Fund. He said it is not a bond, it is not
borrowed money but it is appropriating money for Capital
Improvements.
Upon MMS &C by Councilmembers Sitarz and Bellino and
unanimous affirmative vote of the four (4) Councilmembers
present, the Mayor declared the Public Hearing to be opened.
Kevin Urban spoke. He said as they had previously spoke there is a
clerical error in the publication and he commented that more
people read the paper then attend these meetings, He said it was
brought to his attention that it was for thirty two million dollars
but this was rectified before the meeting. He asked what land
acquisition was the three million dollars appropriated for and
again he stated it said thirty two million in the paper.
Mayor Reiman said they cannot control what the newspaper
prints. He said obviously they had a type -o in that ad and it will be
corrected because once we adopt the ordinance and we sign it
then it will be published again identifying the $3,320,000. He said
it is specifically for Capital Improvement but it does authorize land
Public Hearing
Kevin Urban
Mayor Reiman
5
OCTOBER 17, 2013
ORDINANCE #13 -18 Cont:
Mayor Reiman Cont: acquisition. He explained there are no particular properties tied
into this ordinance and said it includes about $850,000.00 for
emergency sewer work and money for park improvements. He
told Mr. Urban that he should know as a commissioner on the
Housing Authority that HUD has approved the disposition of
property on Bergen Street for forty -eight (48) units, which would
be acquired and demolished and the Housing Authority would
construct forty -eight (48) Senior Housing units for sixty -two (62)
years and older on Hudson Street and we could potentially, if we
reach an agreement, use some of these dollars to buy that
property on Bergen Street from the Housing Authority. He said
the Borough is considering putting a detention pond on Bergen
Street in the back to control flooding and a detention pond on
Noe Street where we would need to buy some of the properties
that burned down and the balance of that block. He said there is
nothing specific in the ordinance and we would set aside the
money which would allow us and future Councils to decide how to
spend that money. He said at a point in time where we were to
acquire it we would have to do an ordinance showing where it is
funded from.
Mr. Urban Mr. Urban said he was under the impression that in the State of
New Jersey developer impact fees are illegal.
Mayor Reiman Mayor Reiman said that is incorrect. They are not illegal in the
State of New Jersey and explained these are redevelopment fees
and offsite contribution fees .
Attorney Bergen Attorney Bergen said you cannot mandate from a developer or an
exact from a developer, an impact fee for a particular "quid pro
quo" for some development approval.
Mr. Urban Mr. Urban commented the way it reads it says from developer
impact fees and asked if they refused to pay if there was any way
they could make them pay.
11
OCTOBER 17. 2013
ORDINANCE #13 -18 Cont:
Mayor Reiman said what it says is redevelopment fees, impact Mayor Reiman
fees, grants, donations and endowments. He said it is an
aggregate amount of money, $3,320,000 and gave a for instance if
a developer is building a particular project and they need to
update that sewer in front of that road for that project they pay
into a fee that gets to be used, developed and improve that. He
said that is what it has to do with.
Mr. Urban referenced Divine Mercy Parish (St. Elizabeth) and said Mr. Urban
it was his understanding, as it was explained to him, that the
developer was going to put their own sewer line adjacent to
Carteret sewer system with check valves and everything else.
Attorney Bergen said this is a hearing on this ordinance and what Attorney Bergen
you are discussing now is not related to this ordinance.
Mayor Reiman explained he could discuss this during the public Mayor Reiman
portion but this is specific to this ordinance. He then asked if
there were any other questions.
There were no other questions.
There being no further comments or objections to the Ordinance, Public Hearing
the Mayor declared the Public Hearing to be closed upon MMS &C Closed
by Councilmembers Sitarz and Bellino and unanimous affirmative
vote of the four (4) Councilmembers present.
Upon MMS &C by Councilmembers Sitarz and Bellino
ORDINANCE #13 -18
"CAPITAL IMPROVEMENT ORINANCE APPROPRIATING $3,320,000
FROM DEVELOPER IMPACT FEES AND PROVIDING FOR VARIOUS
CAPITAL IMPROVEMENTS AND LAND ACQUISITIION IN AND BY
VA
OCTOBER 17, 2013
ORDINANCE #13 -18
Cont:
THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW
JERSEY"
ADOPTED was finally Adopted. Upon Individual Roll Call Vote
Councilmembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmember Diaz and DiMascio were noted
Absent.
APPROVED AND ADOPTED: OCTOBER 17, 2013
INTRODUCED: SEPTEMBER 19, 2013
Advertised as Adopted on First Reading
with notice of Public Hearing: OCTOBER 2, 2013
Hearing Held: OCTOBER 17, 2013
Approved by: MAYOR DANIEL J. REIMAN
Advertised as Finally Adopted: OCTOBER 25, 2013
PUBLIC PORTION ON _ _ PUBLIC PORTIONS ON RESOLUTIONS /AGENDA ITEMS AND NEW
RESOLUTIONS /AGENDA BUSINESS:
ITEMS AND NEtd
BUSINESS
Upon MMS &C by Councilmembers Sitarz and eellino and
unanimous affirmative vote of the four (4) Councilmembers
present, the public portion on Resolutions /Agenda Items and New
Business was opened to the public.
Mayor Reiman Mayor Reiman told Kevin Urban he recognized him for his three
(3) minutes if he want to talk about that project.
Mr. Urban Mr. Urban said he wants to talk about that with the sewers.
Mayor Reiman Mayor Reiman told Mr. Urban he was right, in the project both
the developer building the Medical Arts Building and the
developer building the homes need to build their own sanitary
sewer lateral from the homes of the building, under the sidewalk
and right of way , down to Washington Avenue and connect that
9
OCTOBER 17, 2013
Mr. Urban questioned what they are paying for if they put their Mr. Urban
own sewer in.
Mayor Reiman explained there are one hundred (100) projects in Mayor Reiman
town and said every house they connect to sanitary sewer system
in Carteret pays a $6000.00 sewer impact fee to connect to the
system. He said the only way we can spend that money is by doing
an ordinance, so we are spending $850,000,00 on emergency
sewer work on the cities sanitary lateral that runs from Carteret
thru Woodbridge into Sayreville. He went on to speak briefly
about this. He told Mr. Urban we are not building anything for
private companies and told him he seemed to be taking an
ordinance that he does not understand and tying it to anything
and everything. He said it has nothing to do with Parish Manor,
the church development or the Medical Building.
Mr. Urban questioned if someone did not want to pay the impact Mr. Urban
fee.
Mayor Reiman told him they have no choice . He said that the Mayor Reiman
homeowners do not pay because they are already connected to
the sewer. He said anyone connecting to the sewer today pays a
connection fee at the 2013 rate and that is adjusted every year
because of the state format.
Attorney Bergen told Mr. Urban he is confusing the money in that
ordinance because that money is existing money.
Mr. Urban said he has been to Planning Board Meetings and they
have two (2) separated deeds on one (1) structure. He asked
how many connection fees are there if there are two (2) separate
deeds.
Mayor Reiman said you have one (1) connection fee for every
single unit you build explaining if you have a single family house it
pays one fee, if you have a two (2) family house it pays two (2)
Attorney Bergen
Mr. Urban
Mayor Reiman
Pi
OCTOBER 17, 2013
Mayor Reiman Cont:
fees, if you have a duplex side by side you pay.two (2) connection
fees and if you build a hotel you pay the equivalent of residential
dwelling units. He said Bristol Station paid 288 sewer connection
fees and the Kaplan organization, which is part of this money,
paid $850,000.00 for their current and future building on
Roosevelt Avenue and explained that is money that is built up into
a surplus account that is now being allocated so we can spend it
to upgrade the sewer system, not for them, but for current and
future projects and for residents in the town, etc.
Frank Wall Frank Wail thanked the Mayor and Council for paving our streets
and having the street sweepers keep the streets clean. He said
they are doing an excellent job.
Public Portion Upon MMS &C by Councilmembers Sitarz and Bellino and
Closed unanimous affirmative vote of the four (4) Councilmembers
present, the public portion of the meeting was closed.
Mayor Reiman Mayor Reiman said before we go to the resolutions, the sewer
connection fee used to be $500.00 and every year it is adjusted.
He said the current fee is $4000,00 and by January of 2014 it goes
to $6000.00 which he explained is not for residents for current
homes and structures it is only new so what happens when a
development is approved they have the option of paying the
current sewer connection fee for that current year but if they
choose to wait until the certificate of occupancy is issued they pay
it for the future year, or whenever they build it. He spoke briefly
on this. He said it is not taxpayer money or taxes or a bond it is
money that is in the bank, in the trust fund, to be used for capital
improvements.
10
OCTOBER 17, 2013
RESOLUTIONS
Mayor Reiman then read the resolutions into the record:
1. #13 -184 Professional Services — Beacon Planning, Re: Various
Projects.
2. #13 -185 Issuance of a Taxi Driver's License to Essam Hassan,
Express Taxi, LLC.
3. #13 -186 Support for the Goals and Purposes of the 2004
Highlands Water Protection and Planning Act.
4. #3 -187 Authorizing an Interlocal Agreement for the Purposes
of Purchasing Fire Apparatus.
5. #13 -188 Authorizing the Renewal of a Trailer Park Licenses
for the 2013/2014 License Term to Carteret Mobile Park and
Tower Trailer Park.
6. #13 -189 Appointment to the Carteret Housing Authority.
7. #13 -190 Cancellation of Tax Overpayments.
8. #13 -191 Property Tax Cancellation.
9. #3 -192 Providing for a Transfer of Funds.
9a. #13 -193 Authorizing Execution of A Redevelopment
Agreement.
Mayor Reiman said in reference to #13 -193 this is the 50 Bryla
Redevelopment Agreement.
Mayor Reiman said in reference to #13 -189 Joe Gasparro is being
appointed to the Carteret Housing Authority.
Mayor Reiman then asked for a motion on the Consent Agenda. CONSENT AGENDA
Resolutions #13 -164 thru #13 -193 were introduced by the Mayor
and referred to the Council for action.
Upon MMS &C by Councilmembers Sitarz and Bellino
11
OCTOBER 17, 2013
RE9UJ CN #13 -185
" L%torce of a Taxi Driver's
Incense to Essm Hassan,
bp Taxi, IIJr'
RESOMCN #13 -187
':4utlrorizirg an interlocal
Agrearnnt for the
Purpose of ftmhasirg
Fire r1�tus"
RES=CIV #13 -188
"A iftriziig the Remol of
a Trailer Park Licenses for
tte 2013/2014 Ucense Tenn'
RE9 U CN #13 -189
"Appointrmnt to the
Carteret HaBing
Alitlnrity"
RE3011J (N #13-190
T ercellation of Tax
RL'+J1/IMCN #13 -191
'T'cTerty Tax
cancellation,
RES0UJl1CN #13 -192
' h- vid rg for a TYaxsfer
of Flans"
RE(XIJITQ4 #13 -193
%thorizirg Execution of a
Reckveloprent Afire mnt"
RESOLUTION #13 -184
"PROFESSIONAL SERVICES— BEACON PLANNING, RE: VARIOUS
PROJECTS"
RESOLUTION #13 -185
"ISSUANCE OF A TAXI DRIVER'S LICENSE TO ESSAM HASSAN,
EXPRESS TAXI, LLC."
RESOLUTION #13 -186
"SUPPORT FOR THE GOALS AND PURPOSES OF THE 2004
HIGHLANDS WATER PROTECTION AND PLANNING ACT"
RESOLUTION #13 -187
"AUTHORIZING AN INTERLOCAL AGREEMENT FOR THE PURPOSE
OF PURCHASING FIRE APPARATUS"
RESOLUTION #13 -188
"AUTHORIZING THE RENEWAL OF A TRAILER PARK LICENSES FOR
THE 2013/2014 LICENSE TERM"
RESOLUTION #13 -189
"APPOINTMENT TO THE CARTERET HOUSING AUTHORITY"
RESOLUTION #13 -190
"CANCELLATION OF TAX OVERPAYMENT"
RESOLUTION #13 -191
"PROPERTY TAX CANCELLATION"
RESOLUTION #13 -192
"PROVIDING FOR A TRANSFER OF FUNDS"
RESOLUTION #13 -193
"AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT"
12
were Adopted. Upon Individual Roll Call Vote Councilmembers A00FM
Bellino, Krum, Naples and Sitarz voted in the Affirmative.
Councilmember Diaz and DiMascio were noted Absent.
Upon MMS &C by Councilmembers Sitarz and Naples, all bills PAYHNrDFB11I
appearing on the prepared list, properly audited and signed, were
ordered to be paid. Upon Individual Roll Call Vote,
Councilmembers Bellino, Krum, Naples and Sitarz voted in the
Affirmative. Councilmember Diaz and DiMascio were noted
Absent.
REPORTS:
COMMITTEES-
BUILDNGS & GROUNDS — Committee Chairperson Naples reported
the department is working on the Historical Center, formerly the
old Library and it will hopefully be ready for a grand opening In
December.
FINANCE & ADMINISTRATION — Mayor Reiman reported Progress
in the absence of Councilmember Diaz.
FIRE & DOMESTIC PRPEAREDNESS — Committee Chairperson Krum
reported that both Engine 4 that has been repaired and and our
new Engine 6 , have been put in service. He said Lieutenants Biel
and Reynolds started Fire Inspector Class and our the annual
u i Da
13
GIvIA`PIffi Cont. Open House was a success. He said next years Open House will
include a Fire Department chili cook -off and an antique fire
equipment show. He said firefighters have been visiting schools
,delivering our fire prevention message and mentioned that
Tommy App did a good job. He then asked the Mayor if he
received the letter about the CBGD Grant.
Mayor Reiman said he did receive the letter.
Chairperson Krum then reported Progress,
PARKS, RECREATION & PUBLIC PROPERTY — Committee
Chairperson Bellino reported normal day to day operations are
going on consistently and the parks are clean and open.
Progress.
POLICE: Committee Chairperson Sitarz reported the final three (3)
cars are ready to go on the road and told the Mayor they are
awaiting his approval to buy a new radar for the cars.
Mayor Reiman said he told the Deputy Chief that all the cars
should have that.
PUBLIC WORKS — Mayor Reiman reported Progress in the absence
of Committee Chairperson DiMascio.
BOARD OF EDUCATION — Committee Chairperson Naples reported
a College and Career Fare was held at the High School in
September and it was well attended. She said the upcoming week
of October 21 thru 25 is Violence Awareness and Prevention
Week and all schools, on all levels, are doing grade age and grade
14
� Asa• �
level appropriate activities to make the students aware of
violence and how to handle it appropriately.
MAYOR:
Mayor Reiman said under his appointments he is re- appointing
Iris Colon as a commissioner to the Housing Authority.
Mayor Reiman again spoke on the $3,320,000 ordinance. He told
Mr. Urban that he objected as a member of the public and as a
commissioner of the Housing Authority and made mention that
he represents the Governor on the Housing Authority. He
explained to him that we have worked with the Governor's
administration to try to secure the dollars to build the senior
housing and he asked if he was opposed to the acquisition of the
property on Bergen Street.
N-Wi ;7
Mr Urban said he was not allowed to vote but that he is all for the Mr Urban
senior housing.
Mayor Reiman told him he seemed to be speaking out against the Mayor Reiman
ordinance that is allowing to acquire the property and demolish
the property on Bergen Street which was destroyed during the
storm , so he is not sure if he is speaking as a tenant or a resident.
He told him he is asking him what his position is about the
Governor's administration and his administration working
together as we have been doing to provide sixty -two (62) units of
senior housing and to acquire and demolish the housing on
Bergen Street that was destroyed during Sandy. He told him he
was not sure if he is for or against it and he was not sure he is
representing the governor on this because he sits as a
commissioner on his board and he shuold know what is going on
and he showed up here to attack an ordinance that is in
conjunction and partnership with his administration ,so he is
15
OCTOBER 17, 2013
MAYOR Cont:
trying to find out if he is representing him here or there or what
his position is.
Mr. Urban Mr. Urban said there are courses that the Housing Commissioners
have to attend .
Mayor Reiman Mayor Reiman told him he does not go to those courses. He is not
a Housing Authority Commissioner.
Mr. Urban Mr. Urban said he was concerned about his tax dollars and how
they are being spent.
Mayor Reiman Mayor Reiman told him there were no tax dollars being spent.
Mr. Urban Mr. Urban told Mayor Reiman to come to a meeting and asked if
he was sure there was no HUD money being used .
Mayor Reiman Mayor Reiman answered no, not in this ordinance and then told
Mr. Urban he is not talking about the acquisition or the
construction of sixty -two (62) units, but his question to him is if he
supports the senior housing.
Mr. Urban Mr. Urban said he supported the senior housing.
Mayor Reiman Mayor Reiman asked him if he supports the Borough and the
agency working together to demolish the housing on Bergen
Street that was destroyed during the hurricane.
Mr. Urban Mr. Urban said he would like to sit down and see the complete
reports and everything else.
The Mayor and Mr. Urban then began to argue back and forth.
Some of it was inaudible.
16
OCTOBER 17, 2013
After further discussion, upon MMS &C by Councilmembers Sitarz ADJOURNED
and Bellino and unanimous affirmative vote of the four (4)
Councilmembers present, the meeting was Adjourned at
approximately 6:30 P.M.
Respectfully submitted,
KATHLEEN M. BARNEY, MMC
Municipal Clerk
KMB /Ir
17
m