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Home My Public Portal About05-15-14cL 15, 2014 A Regular Meeting of the. Mayor and Council of the Borough of RD9J At h EMU Carteret was called to order by Mayor Daniel J. Reiman at 6:00 May 15 2014 P.M., Thursday, May 15, 2014, Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon Individual Roll Call Vote the following were noted present: FOLL CALL Councilmember Vincent Bellino Jorge Diaz Dennis DiMascio " Randy Krum " Susan Naples Joseph W. Sitarz Also noted present was Kathleen M. Barney, Municipal Clerk and Robert J. Bergen, Law Director. The Clerk stated that the 2014 Annual Notice was mailed to The STAMEN2 OF NLEErM Home News Tribune and the Star Ledger and posted on the =CE Bulletin Board on January 6, 2014. Notice was published in The Home News Tribune on January 8, 2014 and the Star Ledger on January 9, 2014. Upon MMS &C by Councilmembers Sitarz and Bellino and hffDAJIFS RE APFR VAL unanimous affirmative vote of the full Council present, the Minutes of April 24, 2014 were approved, transcribed and engrossed by the Clerk. 1 MAY 15, 2014 ORDINANCES: First Reading CRDIMU #14 -12 ORDINANCE #14 -12 was introduced and adopted on First Reading PArrvidirg for ti and the Clerk authorized and directed to advertise same for Public Acquisition of Certain Hearing to be held on June 5, 2014, upon MMS &C by Real. E Councilmembers Diaz and Naples . Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Affirmative. First Roadirg "AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET" Public Hearing- CRDINl E #14 -10 The Assistant Clerk stated that Ordinance #14 -10 was introduced An Ocrl� to Adopt and adopted on First Reading at an Agenda Meeting of the &2 Cooke Avenue M xsd -Ose Borough Council of the Borough of Carteret held on April 24, P,Ed opwt Plan 2014. It was duly published in The Home News Tribune on May 3, 2014 with notice that it will be considered for final passage after Public Hearing to be held on May 15, 2014 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 Fharirg Upon MMS &C by Councilmembers Sitarz and DiMascio and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There were no comments or objections to the ordinance. %Msg Closed There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C 2 MAY 15, 2014 ORDINANCES: First Reading CRI)RO E #14 -12 ORDINANCE #14 -12 was introduced and adopted on First Reading Pxwidirg for tl2 and the Clerk authorized and directed to advertise same for Public Real PioPer ty i of Certain Hearing to be held on June 5, 2014, upon MMS &C by Real I�roe -r Councilmembers Diaz and Naples . Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Affirmative. First Readirg "AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET" Public Hearing- CRI)RONE #14 -10 The Assistant Clerk stated that Ordinance #14 -10 was introduced Mixed-Use [M Oi to tb g (bake AV en.� ixe M and adopted on First Reading at an Agenda Meeting of the tl Av Redeveloprent Plan Borough Council of the Borough of Carteret held on April 24, 2014. It was duly published in The Home News Tribune on May 3, 2014 with notice that it will be considered for final passage after Public Hearing to be held on May 15, 2014 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 Hearig Upon MMS &C by Councilmembers Sitarz and DiMascio and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There were no comments or objections to the ordinance. Heari� Closed There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS &C 2 WY 15, 2014 CRDIItM #14 -10 Cant: by Councilmembers Diaz and DiMascio and unanimous affirmative vote of the full Council present, Upon MMS &C by Councilmembers Diaz and Bellino. ORDINANCE #14 -10 "ORDINANCE OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, ADOPTING REDEVELOPMENT PLAIN FOR THE COOKE AVENUE MIXED -USE REDEVELOPMENT AREA" was Adopted. Upon individual roll call vote Councilllmembers ADOPTED Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: MAY 15, 2014 INTRODUCED: APRIL 24, 2014 Advertised as Adopted on First Reading with notice of Public H MAY 3, 2014 Hearing Held: MAY 15, 2014 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: MAY 20. 2014 Mayor Reiman said we will be adding on Resolution #14 -108. Revolution #14 -108 Attorney Bergen explained Resolution #14 -108 is authorizing litigation and settlement with a bond company regarding the spray park. Council President Naples asked about this. Mayor Reiman explained that they terminated the contractor last year who had completed the spray park but had not completed some finishing items and there were some things we were not happy with such as the parking lot. He said we are negotiating with their performance /bonding company that insures them. �3 NAY 15, 2014 Agerda A raided to inc-lude Resolution Mayor Reiman then asked for a motion to amend the Agenda to #14 -108 include Resolution #14 -108. Upon MMS &C by Councilmembers Sitarz and Bellino and unanimous affirmative vote of the full Council present, the Agenda was Amended to include Resolution #14 -108. FSLIC FCR11CNN CN PUBLIC PORTION ON RESOLUTIONS /AGENDA ITEMS AND NEW RE U OVAGQ�M BUSINESS. rfflvE AND NQd BUSIINI'6S Upon MMS &C by Councilmembers Sitarz and eellino and Public Portion unanimous affirmative vote of the full Council present, the Public Opened Portion on Resolutions /Agenda Items and New Business was opened to the public. Gerry Lamr Kopin Gerry Lamart -Kopin then spoke. She brought to the attention of the Governing Body that this day was "National Peace Officers Memorial Day and Police Week." She said the flags should be flown at half mass and we should honor the courageous officers . Gerry read the President's Proclamation into the record: PROUAI`fMON- "Each year America sets aside a week to salute the men and PEACE CEF'ICERS women who do the difficult, dangerous and often thankless work NEvtFTAL LAY 90 of safeguarding our communities. Our Nation's peace officers FCY,MCR I%M, 2014 embody the very idea of citizenship -that along with our rights come responsibilities, both to ourselves and to others. During Peace Officers Memorial Day and Police Week, we celebrate those who protect and serve us every minute of every day, and we honor the courageous officers who devoted themselves so fully to others that in the process they laid down their lives. 2 MY 15, 2014 As we mourn the fallen, let us also remember how they lived. Prrclatmtion cent: With unflinching commitment, they defended our schools and businesses. They guarded prisons; patrolled borders; and kept us safe at home, on the road, and as we went about our lives. To their families we owe an unpayable debt. And to the men and women who carry their mission toward, we owe our unyielding support. Our Nation has an obligation to ensure that as police officers face untold risks in the line of duty, we are doing whatever we can to protect them. This means providing all necessary resources so they can get the job done, hiring new officers where they are needed most, and investigating in training to prepare those on the front lines for potentially deadly situations. It also means making reforms to curb senseless epidemics of violence that threaten law enforcement officers and haunt the neighborhoods they serve. Just as police officers never let down their guard we must never let slide our gratitude. We should extend our thanks not only in times of tragedy, but for every tragedy averted -every accident avoided because a patrol officer took a drunk driver off the streets, every child made safer because a criminal was brought to justice, every life saved because police officers raced to the scene. In other words, we must show our gratitude every year. By a joint resolution approved October 1, 1962, as amended (76 Stat. 676) and by Public Law 103 -322, as amended (36 U.S.C. 136- 137) the President has been authorized and requested to designate May 15 of each year as "Police Officers Memorial Day' and the week in which it falls as "Police Week." NOW, THEREFORE, I BARACK OBAMA President of the United States of America do hereby proclaim May 15, 2014, as Peace Officers Memorial Day and May 11 though May 17, 2014 as Police Week. I call upon all Americans to observe these events with 5 WY 15, 2014 Pmclamtion Cont: appropriate ceremonies and activities. I also call on Governors of the United States and the Commonwealth of Puerto Rico, officials of the other territories subject to the jurisdiction of the United States and appropriate officials of all units of government, to direct that the flag be flown at half -staff on Peace Officers Memorial Day. I further encourage all Americans to display the flag at half -staff from their homes and businesses on that day. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty- eighth. " BARACK OBAMA Gerry Lamart -Kopin asked that a proclamation for this be done by the Governing Body and that it never happens again that this is not recognized. Ihyor Reim Mayor Reiman asked Gerry how long she had known about this. Gerry said her entire life. Mayor Reiman said that she nor the President or the Governor the PBA or the FOP has ever sent anything to the city in regard to this. He said he appreciated her bringing this the Governing Body's attention and he will participate in it, Robert G. ZuRo Robert G. Zullo then spoke. He told Mayor Reiman that he agreed whole heartedly with his stand on the silent prayer regarding the Immigration and Naturalization Ceremony. He then spoke about Governor Christie and being against abortion, gay marriage and assisted suicide. 0 ICY 15, 2014 Mayor Reiman said this was a specific issue and most of the other Myor Reinmi issues he spoke of don't pertain to the local level. He said we were happy to host the Immigration and Naturalization Ceremony but what happened was they had taken the moment of silent prayer off the Agenda so we told them if we do not have this we would not host it so they held it in Newark in the Federal Building. He said there was much press and controversy for and against this issue. Upon MMS &C by Councilmembers Sitarz and Bellino and Public Portion Closed unanimous affirmative vote of the full Council present, the Public Portion on Resolutions /Agenda Items and New Business was closed to the public. Mayor Reiman said before doing the resolutions he wanted to do PUBLI HEARIlVCS the Public Hearings on the budget and the Consent Hearing for Comcast. He said we need to do these before adopting the resolutions. PUBLIC HEARINGS: a) 2014 Local Municipal Budget b) Municipal Consent Hearing - Comcast Local Maricipal &rlget a) Local Municipal Budget Upon MMS &C by Councilmembers Sitarz and Bellino and Public Iearirg Opened unanimous affirmative vote of the full Council present, the public hearing was opened on the Local Municipal Budget. Mayor Reiman said for basic review the Summary of Revenues for %yor Reirron 2014 is 37.433 million down from 38.7 million is 2013. The number of employees has been reduced from 153 to 146 so to basically summarize this budget is less money spent and less taxes raised than it was in 2013, 2012, 2011, 2010, 2009, 2008 and 7 M 15, 2014 1 2007. He then asked if there were any questions from the public on the budget. There were no questions from the public. Public Hfflrirg Ctosed Upon MMS &C by Councilmembers Diaz and Krum and unanimous affirmative vote of the full Council present, the Public Hearing on the 2014 local Municipal Budget was closed. Mnicipal Co Sent b) Municipal Consent Hearing - Comcast Flwrirg- Cczrrast Upon MMS &C by Councilmembers Bellino and Sitarz and Public F barlrg unanimous affirmative vote of the full Council present, the 0 pff ed Municipal Consent Hearing - Comcast was opened to the public. Attorney Bergen Attorney Bergen said basically the Borough's present cable franchise agreement is with Comcast is set to expire sometime in November and we are required to have a public hearing as part of the renewal process. He said our present franchise was ten (10) years. Ca_ari_Urerix Bell;m Councilmember Bellino asked if anyone else was lobbied, any other organizations and then commented now there is no competition. hhyor Reinm Mayor Reiman said the only competition we have out there is Direct TV or Dish or FIOS if it was available and although we are technically required to have the renewal process the BPU and the state really tie your hands because they don't have a choice. CaYc-ilm ri er Knm Councilmember Krum asked if this was a yearly renewal. Mayor Reiman said it is a ten (10) year renewal. Nbyor Reinm Cou r,ilffoTJer Krm Councilmember Krum said this is the first time this Governing Body has done this and asked if the numbers are negotiable. rD. MY 15, 2014 M micipal Consent Mayor Reiman said there are limited negotiations because in Haar4- Crnrast Cant: essence they pay a franchise fee and they provide some things for %yer Reirrrn us such as TV 36 and we have to ability to tape something in their studios and they provide some free services to the Municipal Buildings and the Library. He said he would love to see them reduce the fees that the seniors pay. Attorney Bergen said during the last franchise they paid us an Attorney Bergen equipment fee of $40,000.00. Mayor Reiman said there would be a similar agreement with that %yor Reinrni and those dollars would be used to finish up the old Library where we will have a taping studio inside of there. Councilmember Krum asked if we have FIOS. C'°urcilmmbe' Krum Mayor Reiman said no that is from Verizon and is not in this mayor Rehm market as of yet. Attorney Bergen said Comcast could have pursued what they call Attorney Bergen a statewide franchise and exercise their rights to a statewide franchise which would of eliminated this process but they have not chosen to do that. Councilmember Sitarz said he was here for the original Canrihmrbeer Si tarz negotiations in the 70's for Suburban Cable and at that time they said there would be no commercials but now there is. Councilmember Diaz asked Attorney Bergen if they had received Camihrerrber Diaz their rights to a statewide franchise what would happen if they did not receive Council consent. Attorney Bergen said they could pursue us under the statewide franchise. E MY 15, 2014 Charles S dth Charles Smith from Comcast said the Mayor and Attorney Bergen addressed a lot. %yor R`'"m Mayor Reiman said that he saw in the paperwork that was provided that NBC Universal owns Comcast. He asked who owns who. h>r. Sdth Mr. Smith said Comcast owns NBC and Universal Studios. Public Portion Closed Upon MMS &C by Councilmembers Sitarz and DiMascio and unanimous affirmative vote of the full Council present the Public Hearing on Comcast was closed. RES=CttE RESOLUTIONS: Mayor Reiman read the resolutions into the record: #14 -99 Directing the Issuance of Various Raffle Licenses. #14 -100 Approving Liquor License Transfer from Eido Corp to Oliveiras da Serra Steakhouse II, Inc. #14 -101 Professional Services -T &M Associates, Re: Stormwater Pump Station & Equalization Basin, Noe Street Area Drainage Improvements. #14 -102 Approving Final Payment Estimate & Close Out Change Order /2012 Road Improvement Program. #14 -103 Approving Amendment to the 2014 Local Municipal Budget. #14 -104 Adoption of the 2014 Local Municipal Budget. #14 -105 Authorizing and Awarding Bid for the 2014 Road Program, 1 -B. #14 -106 Designating Meridia Carteret Urban Renewal, LLC as the Conditional Redeveloper of Cooke Avenue Mixed -Use Redevelopment Area and Authorizing Interim Costs Agreement. NWY 15, 2014 #14 -107 Authorizing and Awarding bid for 2014 Road Program, 2- B. #14 -108 Authorizing litigation and Settlement with regard to the Spray Park. Itl�:/;111YC/1Y �:� Mayor Reiman then asked for a motion on the Consent Agenda. Qnscnt Agerda Resolutions 414 -99 thru #14 -108 was introduced by the Mayor and referred to the Council for a action. Upon MMS &C by Councilmembers Sitarz and Bellino RESOLUTION #14 -99 RESOUJ CN #14 -99 "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSES" Of Various ious the l e Lic e Of Raffle srses RESOLUTION #14 -100 RESOLMCN #14 -100 "APPROVING LIQUOR LICENSE TRANSFER FROM EIDO CORP. TO "ApprrovHg Liquor License OLIVEIRAS DA SERRA STEAKHOUSE II, INC." Transfer fran Eido Corp. to Olivei Lh Serra Steaidyuse 11, Irv." RESOLUTION #14 -101 RE�OLMCN #14 -192 "PROFESSIONAL SERVICES —T &M ASSOCIATES, RE: STORMWATER "Professional SeMces- PUMP STATION & EQUALIZATION BASIN, NOE STREET AREA RM Associates, Re: Stonrmtex DRAINAGE IMPROVEMENTS" Pulp Station & E7jali zation Basin, %e Street Area RESOLUTION #14 -102 Drain I°pror"ormts" "APPROVING FINAL PAYMENT ESTIMATE & CLOSE OUT CHANGE BE53LJIZON #14 -102 ORDER /2012 ROAD IMPROVEMENT PROG RAW M" !Agxu � Final Faymart Estimate & Close Cut Charge Order /2012 Road Irrpr - me t RESOLUTION #14 -103 Prcgrad' "APPROVING AMENDMENT TO THE 2014 LOCAL MUNICIPAL RE9=C[q #14 -103 BUDGET" "Agxovirg AMA to ti 2014 Local NLnicipal. arlget" 11 SAY 15, 2014 RE9N_UP ON #14 -104 "Adoption of tte 2014 Local Mmicipal Rxiget" REnMCN #14 -105 ' P iftrizing and A %carding Bid for the 2014 Road Prcgra� RF90LMCN #14 -106 'besignatirg hbridia Carteret Urban RemDl, LLC as tlg Gonditional Redeveloper of Cooke Avenue �Ii; Redevelolarmt Area and Auftrizitg Interim Costs .grearent' REST ON #14 -107 "Authorizing and Ac,ard . Bid for 2014 Road Frcgran 2 -B" RESOLUTION #14 -104 "ADOPTION OF THE 2014 LOCAL MUNICIPAL BUDGET" RESOLUTION #14 -105 "AUTHORIZING AND AWARDING BID FOR THE 2014 ROAD PROGRAM" RESOLUTION #14 -106 "DESIGNATING MERIDIA CARTERET URBAN RENEWAL, LLC AS THE CONDITIONAL REDEVELOPER OF COOKE AVENUE MIXED -USE REDEVELOPMENT AREAAND AUTHORIZING INTERIM COSTS AGREEMENT" RESOLUTION #14 -107 "AUTHORIZING AND AWARDING BID FOR 2014 ROAD PROGRAM, 2 °B RE`.OUJI'ICN #14 -108 RESOLUTION #14 -108 "Aud nrizirg Litigation and "AUTHORIZING LITIGATION AND SETTLEMENT REGARDING THE Settl=t Regardig the SPRAY PARK" Prey PaW ADT111) were Adopted. Upon Individual Roll Call Vote Councilmembers Bellino, Diaz, DiMascio, Krum; Naples and Sitarz voted in the Affirmative. PAYMENT OF BILLS: Upon MMS &C by Councilmembers Diaz and Sitarz 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, Naples and Sitarz voted in the Affirmative. 12 MY 15, 2D14 REPORTS: Clerk's Office —April 2014. Inspection of Buildings Upon MMS &C by Councilmembers Bellino and Naples and unanimous affirmative vote of the full Council present, all Reports were ordered to be received and placed on file. COMMITTEES: CDNr= BUILDINGS & GROUNDS: Committee Chairperson Naples reported this department has been repairing, painting the front steps on the Municipal Building. The Library and Borough Annex are in the process of being cleaned out and waterfront marina maintenance and clean up. FINANCE & ADMINISTRATION: Committee Chairperson Diaz reported the tax collection period ended on May 10 and the office is processing the delinquent notices. He said the Sewer Collection Department's period ended April 17` and they are also sending out delinquent notices. Progress. FIRE & DOMESTIC PREPAREDNESS: Committee Chairperson Krum gave his condolences to the Wawrzynski family. He said long time firefighter and ex -chief Edward had passed away that week. He said we have four (4) firefighters that just completed training at the National Fire Academy and construction has begun at fire headquarters for expansion. Progress. PARKS, RECREATION & PUBLIC PROPERTY: Committee Chairperson Bellino reported the basic day to day operations are 13 MY 15, 2014 continuing and we are waiting for the warmer weather to opens up, the spray areas, etc. Progress. POLICE: Committee Chairperson Sitarz reported they finally received their Civil Service List for police officers. Progress. Mayor Reiman said it is the first test they have had in six (6) years so we will be starting the interview process. PUBLIC WORKS: Committee Chairperson DiMascio reported the men are out everyday picking up garbage and recyclables, fixing potholes and this month started the two (2) day pick up for garbage. Progress. BOARD OF EDUCATION — Committee Chairperson Naples reported child author Chris Rumble will be visiting Nathan Hale School on May 27 th and Columbus School on May 29 th from 6:00 to 7:30 P.M. and they must be accompanied by a parent or guardian. She said May 31 St there will be an anti - bullying walk sponsored by Pathways and on June 7 th "Carteret Conquers Cancer' in memory of Jessica Kushner, which last year the Middle School raised $20,000.00. %yor R&rm Mayor Reiman said the Board of Education voted this year to raise taxes almost 1.4 million dollars and they are saying it is expenses, but he said that there is less students today than ten (10) years ago and less staff. He said they were given the opportunity to move into the State Health Benefits Plan and they chose not to, although seven (7) of the nine (9) members are already receiving State Health Benefits, but they still refused the plan. He said their broker is making between $500,000 and $800,000 a year and is affiliated with the Teacher's Union, so he said rather than compensate 1.4 million dollars by going with the state plan they would rather raise taxes. 14 W 15, 2014 Mayor Reiman than thanked the Council for their support this week on the cancellation of the Immigration and Naturalization Service. He said we made forty -seven (47) newspapers including the Christian Times and he was on Fox News. Council President Naples thanked the Mayor personally for standing up for his beliefs. Mayor Reiman said the point we were making with Immigration and Naturalization was they did not have to agree to pray with us, we just would be having a simple non - denominational prayer. After no further discussion, upon MMS &C by Councilmembers AATamu Sitarz and Diaz and unanimous affirmative vote of the full Council present, the meeting was Adjourned at approximately 6:26 P.M. Respectfully submitted, KATHLEEN M. BARNEY, MMC Municipal Clerk Ir 15 16