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HomeMy Public PortalAbout11-21-13cNXE�M 21, 2013 A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman, Thursday, November 21, 2013, at 6:00 P.M., Council Chambers, Memorial Municipal Building, 1 Cooke Avenue, Carteret, New Jersey. Upon Individual Roll Call Vote the following were noted present: Councilmember Vincent Bellino Jorge Diaz Dennis DiMascio " Randy Krum Susan Naples Noted Absent was Council President Joseph W. Sitarz. Also noted present was Kathleen M. Barney, Municipal Clerk and Robert J. Bergen, Borough Attorney. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. The Clerk stated that on January.13, 2013, the 2013 Annual Notice was mailed to The Home News Tribune and The Star Ledger and posted on the Bulletin Board. Notice was published in The Home News Tribune and The Star Ledger on January 8, 2013. 9 bbvarber 21, 2013 0 (IN'M Silent Prayer/ Pledge of A11Egianc -e svaimu CF L LTMCE 1 1, KWLU 21, 2013 MIIVU FUR,AFFRVAL Upon MMS &C by Councilmembers DiMascio and Bellino and unanimous affirmative vote of the four (4) Councilmembers present the minutes from November 7, 2013 were approved and transcribed and engrossed by the Clerk. Councilmember Diaz Abstained his vote. Nayor Reimml Mayor Reiman requested that the record reflect that Item 13; Re: Revolution Resolution # 13 -215, was added at the start of the meeting. This is ,'43°215 a resolution approving an easement at two (2) Carteret Avenue, which is a structure that was built many years ago and it is several inches within the Borough right of way, so just for clarifying we will grant them a resolution. CRDl% -26 ORDINANCE #13 -26 was introduced and adopted on First Reading Araxiizg Ordirkre and the Clerk authorized and directed to advertise same for Public 0 Retail -05, 1%bst Carteret Hearing to be held on December 5, 2013, upon MMS &C by rlopit Councilmembers Diaz and Naples. Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. First Reading "AMENDING ORDINANCE No. 08- 05,WEST CARTERET RETAIL REDEVELOPMENT PLAN" C12DG *KE #'13 -27 ORDINANCE #13 -27 was introduced and adopted on First Reading Arendi g Chaoter 160, and the Clerk authorized and directed to advertise same for Public Re: Uses - Hearing to be held on December 19, 2013, upon MMS &C by Councilmembers DiMascio and Diaz. Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. K O iT F� 7#13 -27 Cont: "AMENDING CHAPTER 160, Re: USES" First Rea irg Mayor Reiman explained that this is on for First Reading and we %yor R min will take action after we get recommendation back from the Planning Board during their review in December. The Clerk stated that Ordinance #13 -20 was introduced and ORDTLIW 0' 3-'20 adopted on First Reading at a meeting of the Borough Council of ATending & Vlerentirg the Borough of Carteret held on October 17, 2013. It was duly �� 1o0 Lard L�ve1o�t of the published in The Home News Tribune on November 9,.2013 with Code notice that it will be considered for final passage after Public Hearing to be held on November 21, 2013 at approximately 6:00 P.M. The ordinance was posted on the Bulletin Board and copies were made available to the general public and according to law she read the ordinance by title. Upon MMS &C by Councilmembers Diaz and Naples and Public Iaari unanimous affirmative vote of the five (5) Councilmembers present the Mayor declared the Public Hearing to be opened. There were no comments from the public. There being no further comments or objections to the ordinance Riblic Etarirg Closed the Mayor declared the Public Hearing to be Closed upon MMS &C b y Councilmem ers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Krum and DiMascio ORDINANCE #13 -20 "AMENDING & SUPPLEMENTING CHAPTER 160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET" 3 �� Ordiiaix #13 -20 Cont: ADOPIPI) was finally Adopted. Upon Individual Rolll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative, Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: NOVEMBER 21, 2103 INTRODUCED: OCTOBER 17, 2013 Advertised as Adopted on First Reading With notice o Public Hearing: NOVEMBER 9, 2013 Hearing Held: NOVEMBER 21, 2013 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: NOVEMBER 26, 2013 QZDIC ;3-22 The Clerk stated that Ordinance #13 -22 was introduced and Amndhi a lac Ordir ce adopted on First Reading at a meeting of the Borough Council of ;r71 -9, Re: P34 Local i�+7 the Borough of Carteret held on November 7, 2013. It was duly published in The Home News Tribune on November 13, 2013 with notice that it will be considered for final passage after Public Hearing to be held on November 21, 2013 at approximately 6:00 P.M. The ordinance was posted on the Bulletin Board and copies were made available to the general public and according to law she read the ordinance by title. %yor Reim Mayor Reiman explained that this was regarding PBA Local #47 and their contract. Riblic Hearir�_ Upon MMS &C by Councilmembers Belling and Krum Ahd unanimous affirmative vote of the five (5) Councilmembers present the Mayor declared the public hearing to be open. There were no comments from the public. Hsariig Closed There being no comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C by El MOM 21, 2013 Ordirerm #13-22 Cont: Councilmembers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Bellino and Krum ORDINANCE #13 -22 AN ORDINANCE TO AMEND ORDINANCE #71 -9 ESTABLISHING SALARY SCHEDULES AND FIXINGTHE MANNER OF PAYMENTS OF SALARIES FOR THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET was finally Adopted. Upon individual roll call vote Adopted Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: NOVEMBER 21, 2103 INTRODUCED: NOVEMBER 7, 2013 Advertised as Adopted on First Reading With notice o Public Hearing: NOVEMBER 13, 2013 Hearing Held: NOVEMBER 21, 2013 Approved By: MAYOR DANIEL I. REIMAN Advertised as Finally Adopted: NOVEMBER 27, 2013 The Clerk stayed that Ordinance #13 -23 was introduced and CRDJXMXF ' - 03=23 adopted on First Reading at an Agenda Meeting of the Borough Fixing Fee Sf-- le in Council of the Borough of Carteret held on November 7, 2013. It JM 40:40:48 8 �' ith -1 M . JSA 4. was duly published in The Home News Tribune on November 12, 2013 with notice that it will be considered for final passage after Public Hearing to be held on November 21, 2013 at approximately 6:00 P.M. The Ordinance was posted on the Bulletin Board and copies were made available to the general public and according to law she read the Ordinance by title. F ORD .'J' = Ordhimr_e x`13 -23 Cont: Upon MMS &C by Councilmembers Bellino and Krum and Public Haarix unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be opened. There were no comments from the public. H aril Closed There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C by Councilmembers Bellino and DiMascio and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C by Councilmembers Diaz and Bellino ORDINANCE #13 -23 FIXING FEE SCHEDULE IN ACCORDANCE WITH N.J.S.A 40: 48 -1 ADDPM was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPROVED AND ADOPTED: NOVEMBER 21, 2103 INTRODUCED: NOVEMBER 7, 2013 Advertised as Adopted on First Reading With notice o Public Hearing: NOVEMBER 12, 2013 Hearing Held: NOVEMBER 21, 2013 — - -- — Approved - By: - - -_ — MAYOR DANIELJ.REIMAN Advertised as Finally Adopted: NOVEMBER 26. 2013 CRDMME� 7 The Clerk stated that Ordinance #13 -24 was introduced and Ar murg Qi :d r adopted on First Reading at a meeting of the Borough Council of 0-33 1%bsl Eton the Borough of Carteret held on November 7, 2013. It was duly Avenue published in The Home News Tribune on November 12, 2013 with notice that it will be considered for final passage after Public 19 N. A143ER 21, 2313 Hearing to be held on November 21, 2013 at approximately 6:00 P.M. The ordinance was posted on the Bulletin Board and copies were made available to the general public and according to law she read the ordinance by title. Mayor Reiman said Ordinance #13 -24 will be opened and then closed and then carried for final adoption because we have to wait for this to come back from the Planning Board. Upon MMS &C by Councilmembers Bellino and Krum and unanimous affirmative vote of the five (5) Councilmembers present the Mayor declared the Public Hearing to be opened. There were no comments from the public. There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C by Councilmembers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present. This ordinance will be carried and held for adoption after coming back from the Planning Board. Oiditax:e #13-24 Cent: Public Hcadi Clerk's Note, Re: Ordivax e Carded arzi Held for Adoption PUBLIC PORTIONS ON RE /AGENDA I AN D NEW EUBf IC iL"LZI'lM CN BUSINESS: 11M AW NQd BtBIINM Upon MMS &C by Councilmembers Bellino and DiMascio and Public Portion unanimous affirmative vote of the five (5) Councilmembers present, the Public Portion on Resolutions /Agenda Items and New Business was opened to the public. There were no comments from the public. 7 M043M 21, 2013 r o' lic Portion Upon MMS &C by Councilmembers Bellino and DiMascio and Closed unanimous affirmative vote of the five (5) Councilmembers present, the public portion of the meeting was closed. IIUi'IQ� RESOLUTIONS: Mayor Reiman read the resolutions into the record: 1. #13 -202 Directing the Issuance of Various Raffle Licenses. 2. #13 -203 Property Tax Cancellation. 3. #13 -204 Approving Final Payment and Close Out Change Order - Downtown Parking Improvements, Miscellaneous Traffic Striping Project. 4. #13 -205 Creating Handicapped Parking Space for 252 Randolph Street. 5. #13 -206 Professional Services - T &M Associates, Re: Birch Street Rehabilitation & Locust Street Storm Sewer Replacement -2013 Road Improvement Program. 6. #13 -207 Award of 2013 Sewer Television Inspection Project. 7. #13 -208 Certification of Annual Audit. 8. #13 -209 Approving Progress Payment Estimate #1, 2013 Road Improvement Project. 9. #13 -210 Refund of Tax and /or Sewer Fee Overpayments. 10. #13 -211 Designating HC Redevelopment, LLC. 11. #13 -212 Objecting to Conrail Track Expansion. 12. #13 -213 Approving Change Order #1, Re: Storm & Sanitary - - - _ - " - Sewer reelevision Inspections, udustriat - Roar Drainage - -" Culvert Investigation. 12a. #13 -214 Designating HC Redevelopment, LLC. 13. #13 -215 Authorizing the Mayor to Execute the Building Encroachment Easement Agreement for Lot 29, Block 6805. E l%yor RE'_bm, Re: Mayor Reiman said in reference to Resolution #13 -206, there was Resolutions: extra monies in the budget so we added Birch Street and part ofrrI�X6 the Locust Street storm water sewer replacement. Mayor Reiman said in reference to Resolution #13 -211, this is for #13 -211 the redeveloper of a portion of Mlnue Street redevelopment area. Mayor Reiman said in reference to Resolution #13 -212 this is sr13 -212 behind Jackson Avenue. Mayor Reiman said in reference to Resolution #13 -214, this is for #13 -214 the redeveloper for a portion of the Federal Boulevard redevelopment area. Mayor Reiman said in reference to #13 -215 this is the easement #13 -215 for 2 Carteret Avenue. Mayor Reiman then asked if there were any questions from the Council. Councilmember Bellino referenced #13 -212 about the Conrail GXMi)IMTIbr track expansion. He said a couple of years ago he imagined they Bellino, Re: took charge and put a track in without notifying any neighbors #13 -212 and they put another lane in. He said now they are looking to do another one in the area between a fence and Jackson Avenue and at this particular point in time he is pretty sure it is a fire hazard based on the accessibility of the weeds and of things that happened back there. He explained sometimes there are small brush fires back there and the easement for the natural gas lines are back there so it is a potential danger because what is carried in those tankers are extremely flammable and explosive and they are only feet from the fence and less then one hundred (100) feet from the houses. He said he agrees with the Mayor whole heartedly on this resolution and objects to their expansion. 9 N7JDM 21, 2013 Myor Reiiron, Re: Mayor Reiman said we have filed a formal objection with the #13 -212 NJDEP from the Fire Department and from his office and the only reason the NJDEP has limited jurisdiction over this is because they want to build within the wetlands area, where they also have a habitat for endangered species. He explained ordinarily we wouldn't get notification and they wouldn't need New Jersey approval because they have federal exemptions so they can do what they want because they are exempt from pretty much every other approval but because this is in the wetlands area they have to have a hearing in Trenton. He said we filed a formal objection and this puts the council on record as agreeing with us and objecting to it. All present spoke briefly on this subject. Coxcibiorbw Knm Councilmember Krum questioned if on the sewer television Inspection Project, that was the low bid . Mayor Reinen Mayor Reiman said it was the low bid and said it is really for 2014 because they want to get a jump on it. Mayor Reiman then asked for a motion on the Consent Agenda. (1116W A;�,M Resolutions #13 -202 thru #13 -215 were introduced by the Mayor and referred to the Council for action. Upon MMS &C by Councilmembers DiMascio and Bellino RLtiOUJ aq ir`13 -202 Di=ticg the IssLnme of Various Raffle Licenses W ty 'i'au can�61 1ation RESOLUTION #13 -202 "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSES" RESOLUTION #13 -203 "PROPERTY TAX CANCELLATION" 10 NU M3ER 21, 2013 RESOLUTION #13 -211 Serr Fee OverpayrEnt "DESIGNATING HC REDEVELOPMENT, LLC" RLSLUP1CN #0 -211 Dasignati«g HC RESOLUTION #13 -212 Rodwelopaait, LLC "OBJECTING TO CONRAIL TRACK EXPANSION" 11 RESLOI1Jl'IC N #13 -2.04 RESOLUTION #13 -204 AWrovirg Final "APPROVING FINAL PAYMENT AND CLOSE OUT CHANGE ORDER - Rayn2at and Close DOWNTOWN PARKING IMPROVEMENTS, MISCELLANEOUS out Charge Chder- TRAFFICSTRIPING PROJECT" Domtam Parking IproveTomts, Nisc-l.- laneaB Traffic RESOLUTION #13 -205 Striping Project "CREATING HANDICAPPED PARKING SPACE FOR 252 RANDOLPH REE90WHON -205 STREET" Handicapped Parking Space for 252 Randolph RESOLUTION #13 -206 Street "PROFESSIONAL SERVICES — T &M ASSOCIATES, RE: BIRCH STREET RE9II ON #13 -206 REHABILITATION" Professional Services -T8M Associates, Re: RESOLUTION #13 -207 Birch Street Rdaabilitation "AWARD OF 2013 SEWER TELEVISION INSPECTION PROJECT" RFSOUAICN #13 -207 A4,ard of 2013 Su er RESOLUTION #13 -208 Television Inspection "CERTIFICATION OF ANNUAL AUDIT" _Projects RE90WPICN #13-208 RESOLUTION #13 -209 Certification, of himl. "APPROVING PROGRESS PAYMENT ESTIMATE #1, 2013 ROAD Atdit IMPROVEMENT PROJECT" QV 11 12 -210 i'ivgress Pay - ffumint Fst to 012013 RESOLUTION #13 -210 Road Evrovsueat Pmltxt "REFUND OF TAX AND /OR SEWER FEE OVERPAYMENT" RESOLMCN #13 -210 RESOLUTION #13 -211 Serr Fee OverpayrEnt "DESIGNATING HC REDEVELOPMENT, LLC" RLSLUP1CN #0 -211 Dasignati«g HC RESOLUTION #13 -212 Rodwelopaait, LLC "OBJECTING TO CONRAIL TRACK EXPANSION" 11 �j�43�I�1 MUJMCN #13 -213 RESOLUTION #13 -213 "APPROVING CHANGE ORDER #1, RE: STORM & SANITARY SEWER TELEVISION INSPECTIONS, INDUSTRIAL ROAD DRAINAGE CULVERT INVESTIGATION" RESOLUTION #13 -214 "DESIGNATING HC REDEVELOPMENT, LLC RESOLUTION #13 -215 "GRANTING AN EASEMENT FOR 2 CARTERET AVENUE" was Adopted. Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, Dimascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. PAS' OF B TLLS Upon MMS &C by Councilmembers Diaz and Krum, all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum and Naples voted in the Affirmative. Councilmember Sitarz was noted Absent. APPLICATIONS: APPLI CATIM- — _ _ The Municipal - Clerk- said - she was receipt - of - an - application - for ABC on n- am fer Pray Per in to Per an ABC License Person -to- Person Transfer from Wine Zone of Mm Zone of Carteret to Carteret, Inc. to Rishvi LLC. RisM LLC, Mayor Reiman asked if we received this back from the Police Department. The Municipal Clerk explained it was not sent over to the Police Department yet. 12 0 nr 1 Upon MMS &C by Councilmembers Diaz and Bellino and APPLICAU(M unanimous affirmative vote of the five (5) Councilmembers Cont: present this will be received and placed on hold for the background check from the Police Department. COMMITTEES: BUILDINGS & GROUNDS: Committee Chairperson Naples reported all of the lights on the east and west side of the municipal building are replaced with LED lighting and preventive maintenance was provided for all of the heating systems and are set for winter. FINANCE & ADMINISTRATION: Committee Chairperson Diaz reported this past Monday the Tax Collection Office had a tax sale and they were able to collect $295,000.00 in back taxes. He reported that the Sewer Rebate Program is in process and the department has received their paperwork for their 2014 budget preparation. Continued progress. FIRE & DOMESTIC PREPAREDNESS: Committee Chairperson Krum reported that Chief Hruska is doing an amazing job. He said they are field testing a new dispatcher system called E- Dispatch which enables broadcasting o ver cellul phones eliminating the ne for expensive pagers that $500.00 each a�wilI ena le our members to be notified anywhere they have cell phone coverage. He spoke briefly on the advantages of this system. Progress. PARKS, RECREATION & PUBLIC PROPERTY: Committee Chairperson Bellino reported progess in the parks and said the only new event coming up is the December 6 Festival with the tree lighting and Mr. and Mrs. Santam Claus. 13 \�./7::6�u t�dl�i15R3 %yor Reinm Mayor Reiman said they have added the tree lighting around the Re: Tree Lighting pond so for the balance of the month there will be different light characters placed around the pond. He said they will have the lighting of the menorah on November 26` at 6:00 P.M., by Rabbi Brown and shortly after that we will be lighting a Nativity Scene. GI+Tnm Cont: POLICE: In the absence of Committee Chairperson Sitarz, Mayor Reiman reported progress in his department. PUBLIC WORKS: Committee Chairperson DiMascio reported that he was happy to see we were moving on Cypress Avenue because that road was terrible. Mayor Reiman said he wrote a letter to the Water Company threatening a law suit and said we want it milled and paved. Mayor Reiman said we did engage a low bid for a light replacement on the bridge and the old agreement, for some reason, has the Borough responsible for the lights on a County road on the Turnpike Bridge. He said there is a bucket truck there checking all the light and said we will be replacing all the bulbs. BOARD OF EDUCATION: Committee Chairperson Naples reported On November 27` the High School is serving Thanksgiving Lunch to the Senior Citizens and the Carteret Specials. She said it is sponsored by the Boys and Girls Club and that the Governing Body is welcomed. She wished best of luck to our football team in — - round two int testate pplayof s. Mayor Reiman said they received a letter from the Board of Education and attorney attempting to make a cease and desist from making any improvements to Cornell Estates Park. He explained that this park in West Carteret, is technically in the name of the Board of Education for deed purposes but for the last eighty -seven (87) years it has been a park and has been operated, owned and maintained by the Borough of Carteret. He said he 14 a // u:.r II� Wei I S does not know what they are looking to do but they will never have any approval other than what is there currently and we are not about to stop improvements on the park. Councilmember DiMascio asked if they started that already. Mayor Reiman said we have awarded the contract and have done some mobilization but are not under full construction as of yet. Councilmember Naples said she thinks they have a reversal clause. Mayor Reiman said it has been in there name since 1,927 but it has Green Acres encumbrances on it, so he is not quite sure what they think they will do with it but he wanted to make sure she is aware of that. After no further discussion, upon MMS &C by Councilmembers AD1KUMED Naples and Krum and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was Adjourned at approximately 6;20 P.M. submitted, KMB /lr LEEN M. BARNEY, MMC 15 16