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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