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HomeMy Public PortalAbout03-24-11cMarch 24, 2011 A Regular Meeting of the Mayor and Council of the Borough of Carteret was Council Meeting called to order by Mayor Daniel J. Reiman at 6:00 P.M., Thursday, March 24, 2011, Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey, Upon individual roll call the following were noted present: Roll Call Councilmember Vincent Bellino " Jorge Diaz " Dennis DiMascio " Randy Krum " Susan Naples " Joseph W. Sitarz Also noted present was Borough Attorney Robert J. Bergen, and Municipal Also Noted Present Clerk Kathleen M. Barney. The meeting was opened with a minute of silent prayer and the Pledge of Silent Prayer/ Allegiance led by Mayor Daniel J. Reiman. Pledge of Allegiarre Statement of Meeting Notice was mailed to The Home News Tribune, The Statement of Mnetir Star Ledger and posted on the bulletin board on January 3, 2011 and published Notice in The Home News Tribune and The Star Ledger on January 4, 2011. Upon MMS &C by Councilmembers Sitarz and Bellino and unanimous Minutes for Approv: affirmative vote of the full Councilmembers present, the Minutes of March 3` 2011 were approved as transcribed and engrossed by the Clerk. Presentation: Ted Surick Presentation Mayor Reiman asked Ted Surick and Councilman Dennis DiMascio to come forward. He spoke about Mr. Surick who worked for almost one half century in the Streets and Roads Department. He expressed much appreciation and then presented Mr. Surick with a plaque. We might still call upon him from time to time. March 24, 2011 Ordinance #11 -4 Ordinance — First Reading - ORDINANCE #11 -4 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held: 6:00 P.M. upon MMS &C by Councilmembers Sitarz and Krum. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Ordinarre #11 -4 ORDINANCE #11 -4 "Minimm Acceptable "MINIMUM ACCEPTABLE RIPARIAN ZONE" Riparian Zone" The Mayor asked the Borough Attorney what this was for. Borough Attorney replied that it was the limitations of building within Riparian Zones. He is still waiting to get this one and the next one back from John DuPont. It is DEP mandated to everybody across the State even though he is fairly confident that no one in Carteret has any Riparian rights in the Arthur Kill. He added that BP Amoco and those industries probably have Riparian rights. Mayor Reiman said they also have Noe's Creek with Riparian issues potentially along Noe Street. Any of the underground creeks might have it as they were at one point in time open tidal. Oidiname #11 - 5 ORDINANCE #11 -5 was introduced and adopted on First Reading and the First Iaading Clerk authorized and directed to advertise same for Public Hearing to be held: 6:00 P.M. upon MMS &C by Councilmembers Sitarz and Krum. Upon individual roll call vote, Councitmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Mayor Reiman said to remember this is just for the first reading of the Ordinance so we'll have the full draft of the Ordinances prior to the final adoption. The Borough Attorney explained it restricts development in close proximity to Steep Slopes. Again, the idea is try storm water regulations. Mayor Reiman said this is storm water management. He asked if he is sure this doesn't impact us. 2. Mardi 24, 2011 Borough Attorney replied yes, every town is obligated to adopt this Ordinance. The Mayor asked if this would hinder any redevelopment. Borough Attorney said he cannot promise that it won't hinder any development or redevelopment. The Mayor said he would go on record that he we'll just ignore the thing. Borough Attorney said he would have the Borough Engineer, John DuPont review it. I don't believe you have any steep slopes here in Carteret. ORDINANCE #I1 -5 "STEEP SLOPE ORDINANCE" Ordinance #11 -5 Steep Slope Ordinance ORDINANCE #11 -6 was introduced and adopted on first Reading and the Ordinance #11 -6 Clerk authorized and directed to advertise same for Public Hearing to be held First Reading April 7, 2011, 6:00 P.M. upon MMS &C, by Councilmembers Diaz and Bellino. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. ORDINANCE #11 -6 "CAPITAL IMPROVEMENT ORDINANCE FOR VARIOUS Ordinance #11-6 IMPROVEMENTS" Capital Improve- ment for Various Improvements ORDINANCE #11 -7 was introduced and adopted on first Reading and the Ordinance #11 -7 Clerk authorized and directed to advertise same for Public Hearing to be held April 7, 2011, 6:00 P.M. 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. 3 March 24, 2011 ORDINANCE #11 -7 Amending Redevelop- ORDINANCE #11-7 "AMENDING THE REDEVELOPMENT PLAN FOR THE MIDDLESEX ment plan for the AVENUE REDEVELOPMENT AREA" Middlesex Ave. Redevelopment Mayor said this is the sight behind the Village and the Manor. This is a four Area (4) acre plus site owned by the Borough. It fronts Middlesex and Industrial. These are technical amendments to the redevelopment plan. Councilman Kr1im asked if there were two (2) Mayor said potentially it will be sub - divided for the two (2) uses. This will be referred over to the Planning Board; they will have to take action. We will hold the final adoption until we have it back from the Planning Board. Ordinance #11 -8 ORDINANCE #I1 -8 was introduced and adopted on first Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held 6:00 P.M., upon MMS &C by Councilmembers Sitarz and Diaz. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. Oridnance #11 -8 Amending Chapter 160 of the Code - Land Development ORDINANCE #11 -8 "AMENDING CHAPTER 160 OF THE CODE -LAND DEVELOPMENT" Mayor said this has to do with Technical Corrections to the Highway Commercial Zone to bring existing businesses into compliance. This actually changes the code so that pre- existing businesses are not illegal. Again, this will be referred over to the Planning Board. We'll wait to hear back from them before final adoption. Public Hearing — Ordinance #11 -3 The Municipal Clerk stated that Ordinance #11 -3 was introduced and adopted on First Meeting at a meeting of the Borough Council of the Borough of March 24, 2011 Carteret held March 3, 2011. It was duly published in The Home News Tribune on March 8, 2011 with notice that it will be considered for final passage after Public Hearing to be held March 24, 2011 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 stated this is the Index Rate Ordinance. It appropriates 3.5% that goes into the Cap Bank for budget and tax purposes. We do this on an annual basis; you're set at 2.5/% and it goes up to 3.5% by the Index Rate. We don't actually go up to that amount but it allows us to put aside, not real dollars, but it allows us to set aside dollars in a Cap Bank, God Forbid, there was some sort of reason we had to raise additional dollars. Upon MMS &C by Councilmembers Diaz and Bellino and unanimous Opened affirmative vote of the full Council present the Mayor declared the Public Portion Opened. Upon MMS &C by Councilmembers Bellino and Sitarz and unanimous affirmative vote of the full Council present the Mayor declared the Public Closed Portion Closed. Upon MMS &C by Councilmembers Bellino and Sitarz ORDINANCE #11 -3 "CALENDAR YEAR 2011 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40AA- 45.14) was finally adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative. APPROVED AND ADOPTED: March 24, 2011 INTRODUCED: March 3, 2011 Advertised as Adopted on First Reading with notice of Public Hearing: March 8, 2011 Hearing Held: March 24, 2011 Approved by:_ _MAYOR DANIEL J. REIMAN Ordinance #11 -3 Calendar Year 201: Ordinance to Ex cec the Municipal Budget Appropriatior Litm is & to Establish a CapBsnk (NJSA40A: 4- 45.14) Adopted March 24, 2011 Advertised as Finally Adopted: March 31, 2011 referred to the Council for action. Resolutions: Mayor Reiman read the resolutions into the meeting. 1. #11 -52 Directing the Issuance of Various Raffle Licenses. 2. #11 -53 Authorizing the Issuance of a Taxicab Owner's License- Safeway Taxi & Limo. 3. #I1 -54 Authorizing Receipt o Bids /Quotes for Various Projects and Items. 4. #11 -55 Authorizing the Issuance of a Taxicab Driver's License - Juanito Veloz. 5. #11 -56 Authorizing Issuance of Taxicab Driver's License —Riaz Janjua & Zia Janjua. 6. #11 -57 Amendment to the 2011 Temporary Budget. 7. #11 -58 Refund of Tax and/or Sewer Fee Overpayments. 8. #11 -59 Appointment to the Carteret Housing Authority. 9. #11 -60 Tonnage Grant Resolution Application. 10.#11-61 Appointment Chris Fiore to the Carteret Redevelopment Agency. 11. #11- 62Designating GP 700 Blair Road, LLC as the Conditional Redeveloper of a Portion of the Federal Boulevard Redevelopment Area, Phase II. 12. #11 -63 Referring Proposed Amendments to the Redevelopments Plan for the Middlesex Avenue Redevelopment Area to the Planning Board for Review. 13. #11 -64 Authorizing CARA to Acquire Certain Properties. 14. #11 -65 Amendment to the 2011 Local Municipal Budget. 15.#11-66 Approving Change Order #1 for 2010 Road Program - Tennyson, Re: Oswald Enterprises. Consent Agenda Resolutions #11 -52 through #11 -66 were introduced by the Mayor and referred to the Council for action. Upon MMS &C by Councilmembeis Diaz and Naples Adopted were adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the affirmative R March 24, 2011 RESOLUTION #I1 -52 "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSES" RESOLUTIONS #11 -53 "AUTHORIZING THE ISSUANCE OF A TAXICAB OWNER'S LICENSE - SAFEWAY TAXI & LIMO" RESOLUTION #11 -54 "AUTHORIZING RECEIPT OF BIDS /QUOTES FOR VARIOUS PROJECTS AND ITEMS" RESOLUTION 411 -55 "AUTHORIZING THE ISSUANCE OF A TAXICAB DRIVER'S LICENSE JUANITO VELOZ" RESOLUTION 11 -56 "AUTHORIZING ISSUANCE OF A TAXICAB DRWER'S LICENSES RIAZ JANJUA & ZIA JANJUA" RESOLUTION #I1 -57 "AMENDMENT TO THE 2011 TEMPORARY BUDGET" RESOLUTION #11 -58 "REFUND OF TAX AND /OR SEWER FEE OVERPAYMENT" RESOLUTION #11 -59 APPOINTING RONALD G. RIOS TO THE CARTERET HOUSING AUTHORITY" RESOLUTION #11 -60 "TONNAGE GRANT APPLICATION RESOLUTION" RESOLUTION #11 -61 APOPOINTING CHRIS FIORE TO THE CARTERET REDEVELOPMENT AGENCY" RESOLUTION #11 -62 "DESIGNATING GP 700 BLAIR ROAD, LLC AS THE CONDITIONAL REDEVELOPER OF A PORTION OF THE FEDERAL BOULEVARD REDEVELOPMENT AREA, PHASE II" Resolution 11 -52 Directing the Issuance of VArious Resolution #11 -53 Authorizing Issuance Taxicab Owners License Safemay Tani Resolution #11 -54 Authorizing Receipt of Bids /Utes for Various Item Resolution #11 -55 Authorizing Lssu3me of a Taxicab Drivers License Resolution #11 -56 Authorizing Issuance of a Taxicab Drivers License Resolution #11 -57 Anrndmnt to 2011 TaVra y adget Ftsolution #11 -58 Refund of Tax &/or Seder Fee O✓erpaTent Resolution #11 -59 Appointing R. Rios to the Carteret Housing Authority Resolution #11-60 Tonnage Grant Application Resolution #11-61 Appointing C. Fiore to the Carteret Redevelopmnt Agcy Resolution #11 -62 Designating GP 700 Blair Road IIC as the Conditional R9developer of a portion of Federal. Blvd. Redevelopmnt Area Huse II March 24, 2011 Mayor Reiman said this is the Prism property. We had previously designated Discussion them and the project slowed down. This is conditional designation and they are in contract to buy the old Engelhard site on Blair Road. Resolution #11 -63 RESOLUTION #11 -63 Referring Proposed "REFERRING PROPOSED AMENDMENTS TO THE edev np to the Rskvelnpn nt Rlan REDEVELOPEMENT PLAN FOR THE MIDDLESEX AVENUE for Middlesex Ave. REDEVELOPMENT AREA TO THE PLANNING BOARD FOR REVIEW" Redevelopmnt Area to the Planning Board RESOLUTION #11 -64 for reviev "AUTHORIZING CARA TO ACQUIRE CERTAIN PROPERTIES WEST CARTERET" Resolution #11 -64 Authorizing CAM Councilwoman Naples asked about this resolution. to Acquire Certain Properties West The Mayor said this resolution is an appraisal that the Redevelopment Agency Carteret recently had done on the old diner in West Carteret. They are in negotiations to (inaudible) a developer. There is a group that wants to come in and make it an International House of Pancakes. Before they can send their offer out they have to be directed and authorized to acquire it. Discussion Councilmember Sitarz, referring to Resolution #11 -62, asked the Mayor about the Prism deal. The Mayor responded that Prism is a fragrances manufacturing blender of European Perfumes. They are under contract to buy Engelhard in West Carteret. They are a corporation that would buy it and redevelop the site. Councilman Krum said he had a complaint about the area behind Tennyson and Whitman Avenues. Did they start re -doing over there? The lady in the blue stone house with the machines in front of her home has been asking what's going on. The Mayor asked what resolution he was asking about. Councilman Krum said it was not a resolution but a Change Order, He sees the Road Program 2010. Mayor replied that the roads are 50% complete and they still have a lot of work to do in that area. Certainly the last couple of have not been of any help. I March 24, 2011 This is just a generic Change Order for the Road Program; they still have a lot of work to do They're supposed to be out in full force by April. RESOLUTION #11 -65 "AMENDMENT TO THE 2011 LOCAL MUNICIPAL BUDGET" Armr 11 -65 rlrel�t to the 2011 Weal. Hnicipal Bulget RESOLUTION 11 -66 "APPROVING CHANGE ORDER #1 FOR 2010 ROAD PROGRAM — Resolution #11 -66 TENNYSON, RE: OSWALD ENTERPRISES: Approving (hne Order #1 for 2010 Raid Prtigran Tennyson Re: 06rald Enter. Mayor said before they do the "Payment of Bill9 Councilmember Sitarz had a question. Councilmember Sitarz had a question about Lexington Avenue. He wanted to know if all the people who took the buses are were parking there now? Mayor Reiman said not all the time. He said he believed that a part of Lexington Avenue was restricted for residential parking or two hour parking. PAYMENT OF BILLS- PAWmt of Bills Upon MMS &C by Councilmembers Bellino and Sitarz all bills appearing on the bills on the prepared list, properly audited and signed were ordered to be paid, Upon individual roll call vote, Councilmembers Bellino, Diaz, Di Mascio, Krum, Naples and Sitarz voted in the affirmative. APPLICATIONS — Applications The Clerk stated that she was in receipt of an Application from St. Joseph's HSA Amending RL1919 by changing and adding dates. Upon MMS &C, by Councilmembers Sitarz and Krum and unanimous affirmative vote of the full Council present, it was approved. perch 24, 2011 Reports REPORTS- Inspection f Buildings — February 2011 Upon MMS &C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present, all Reports were ordered to be received and placed on file. Camel ttees COMMITTEES — BdIdiigs & Grm Building &Grounds — Committee Chairwoman Naples reported that the department is getting ready for the Spring Season doing some Spring work around the buildings at the Waterfront. She said she is sure they will be assisting with the various Opening Days. Thank You. Finance & Achdnistration Finance & Administration — Committee Chairman Diaz reported that the Tax Collection period will begin of the first of May. The Tax Collection Office has been busy adjusting 3500 Tax Accounts by applying the new process for the Homestead Rebates Credits, and to those amended tax bills will be sent out to the residents who qualify. Next week we will be sending out the first half of the 2011 Sewer Bills. There has been a delay because of the change that the Middlesex Water Company has made in terms of their accounts that has been rectified. They will be going out next week. Progress. Fire & DowmUc FIRE & DOMESTIC PREPAREDNESS — Committee Chairman Krum Press reported that the Fire Department's new program Operation Fire Safe continues with firefighters visiting resident's homes and installing, where needed, free smoke and carbon monoxide detectors along with escape ladders. They also provided information in case of a Fire. On March 21 the Fire Department responded to a flammable Liquid Fire at Kinder Morgan Facility. The fire was extinguished within an hour and it showed that the need and the value of specialized training that our firefighters received at Texas A &M fire school was very helpful. He said he would like to give a commendation. FMW and Kinder Morgan were working in that area and when fire occurred, people ran out of the building and one was left behind and suffered an injury, Tommy App was on Fire Watch that day; he went in and dragged the person out to safety. 10. hhrch 24, 2011 Mayor said we'll put the specifics on for the next meeting with commendations. Councilmember Krum reported progress. PARKS & RECREATION — Committee Chairman Bellino said the weather Parks & Ercreation seems to be breaking. Last week we had a glimmer of Spring and people were out in droves in the parks already. He said he went to the Waterfront and that was moving along and will start up again in June. At this point we'll have to wait until a few dry days so they can lay the pavement, rubber and sand together on Sullivan Field. Once that happens, we'll be able to move alone with the dedication. Other than that the Parks people are ready to go this Summer and prepare out Parks for the Summer Festivities. Progress. Mayor Reiman asked if they had a tentative date for April 15th. This is the tentative Opening Day for Sullivan Field. We can bring the family down and have the sports teams down there. POLICE — Committee Chairman Sitarz stated that Captain McFadden and he Police were going over the bids for new police cars. We're thinking about getting five or six and they will be like the small Fords. Captain McFadden has a helper now. Officer Worgocki will be working with Captain McFadden. Progress. Mayor Reiman stated anything we can do to make sure the Captain has less work. Councilmember Krum said that hopefully there was per diem help too. The Mayor said that per diems are coming soon to the Carteret Police Department. PUBLIC WORKS — Committee Chairman DiMascio said he had nothing new, Police really. The guys are still working hard every day down at the garage. They are out patching pot holes. Progress Councilman Diaz said no more snow. The Mayor said welcome to Spring. BOARD OF EDUCATION LIASION - Committee Chairwoman Naples Board of Ediration reported that she had two brief announcements. On Thursday, March 31, the 11. March 24, 2011 Carteret Public School District will be sponsoring a seminar for parents on bullying and anti - bullying... They will also be having a skit on the subject and discussion with the parents and any questions they may have. Also, this past week the Carteret High School Blue Fire step team won the 2011 NJSSA STEP TEAM STATE CHAMPIONSHIP and they'll be representing New Jersey in Florida. Thank you. la y or Re ' i ' n ' Mayor Reiman noted that he had the Mayor's Appointment to the Carteret Housing Authority. Former Councilwoman and former member of Carteret Housing Authority for twenty years, Iris Colon. We talked about Sullivan Field; there is a new form which he passed out to the Councilmembers before the meeting regarding taxation. The (inaudible) Legislature and the Governor have come up with a new scheme to artificially lower the Municipal Tax Rate. When you get your tax bill you see the County rate, the Municipal rate and the school rate and the County open space and the local open space. What they have now done is mandated that we have a separate and special Library tax on the Tax Bill. This will make the Municipal portions of the tax bill around the State artificially lower and increase the taxes. When you all get your Tax Bill you will have a new tax on there to fund the libraries. What they are doing is taking the money out of our budget, put it aside; it will be a separate budget, a separate taxation that we then ship over to the Library. Trenton is nothing but a scam and a shell game. This does not make any sense; there is no reason to do it. Mayor said he thinks it is simply to confuse tax payers and for these guys down there to say that we have given the towns the ability to maintain and reduce the tax rate. So, in essence, the Municipal Tax Rate will say the same as it did last year because of the growth and increases and then you'll see a new tax, The Library Tax. So, when you add everything up you it will increase the total but you'll still be able to say that the municipal taxes went down or stayed the same. This all does not make any sense, there is no rhyme or reason to this and it was probably something that was passed unanimously in Trenton. Councilmember Bellino said he had a question. Suppose you have $870,000.00 budget. If you don't spend that money in the course of the year will the State re- appropriate that money and put it back in the coffers? Mayor Reiman replied that the problem with the Library is that they operate under an archaic law and each and every year we have to give them more money. It is solely based upon the amount they received last year or on the 1/3 of a million of assessed valuation of the community. They either get a 15% increase or whatever that 1/3 of a million is if you weren't at the full funding. A few years ago, our Library had the same amount of surplus as the 5 3^-.S'7MaRE city. We had a 40 million dollar budget with a %2 million dollars in surplus, they had an 800,000.00 dollars budget with '/2 million surplus that is since gone. We make them pay their bills. Under part of this Legislation they cannot turn arbitrarily turn over their surplus to us. There is a law that says if the Discussion Library does not spend their money they can, if they agree, at the Council request, they can turn over surplus to the City. A new part of this says that the State Librarian and the State Library Association must approve that. We, typically, do not let them run a surplus. They pay all the expenses they are supposed to pay. Years ago we were absorbing all the costs of payroll, pensions, and heath benefits but now through accounting and financing we make sure that they pay every penny. They may have thirty or forty thousand in surplus. It doesn't make any sense. There was no reason for the bill. Upon MMS &C by Councilmembers Sitarz and Naples and unanimous Pdjourr>a9 affirmative vote of the full Council present, the meeting adjourned at approximately 6:20 P.M. Respectfully submitted, , 'KA THLEEN M. MM� Municipal Clerk JJ KMB /apm 13 Myrrh 24, 2011 Camcil Meetirg