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Home My Public Portal About08-22-19cAUGUST 22, 2019 The Regular Meeting of the Mayor and Council of the Borough of COUNCIL MEETING Carteret was called to order by Mayor Daniel J. Reiman at approximately 6:00 p.m. on Thursday, August 22, 2019, in the Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Vincent Bellino " Jorge Diaz " Dennis DiMascio " Ajmar Jolial " Susan Naples Noted Absent were Councilmember Randy Krum and Kathleen M. Barney, Municipal Clerk. Also noted present were Carmela Pogorzelski, Assistant Municipal Clerk and Robert J. Bergen, Esq., Law Director. The meeting was opened with a moment of Silent Prayer and The Pledge of Allegiance led by Mayor Reiman. ROLL CALL NOTED ABSENT PRAYER, PLEDGE OF ALLEGIANCE The Assistant Clerk stated that the 2019 Annual Meeting Notice was STATEMENT OF mailed to The Home News Tribune, The Star Ledger and posted on the MEETING NOTICE bulletin board on January 2, 2019. Notice was published in The Home News Tribune and The Star Ledger on January 7, 2019. Upon MMS &C, by Councilmembers Diaz and Naples and unanimous APPROVAL OF affirmative vote of the five (5) Councilmembers present, the minutes MINUTES of August 1, 2019 were approved as transcribed and engrossed by the Clerk. PRESENTATION: PRESENTATION a) Veterans of Foreign Wars VFW Mayor Reiman asked Commander George Lisicki and Commander Donald Black to join him and presented them with a check which will help with the renovations to the VFW that are scheduled to start in September. Mayor Reiman also gave them a list of donors who generously gave $25,000 and spoke about the fundraiser and grant. AUGUST 22, 2019 (Continued) ORDINANCE #19 -20 ORDINANCE #19 -20 was introduced and adopted on First Reading "CAPITAL and the Assistant Clerk authorized and directed to advertise same for IMPROVEMENT Public Hearing, upon MMS &C, by Councilmembers Diaz and Johal. CPAC" Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Johal and Naples voted in the affirmative. Councilmember Krum was noted absent. "BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A PERFORMING ARTS CENTER IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRIATING $4,960,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,712,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF" ORDINANCE #19 -21 ORDINANCE #19 -21 was introduced and adopted on First Reading "AMENDING COOKE and the Assistant Clerk authorized and directed to advertise same for AVE. MIXED USE Public Hearing, upon MMS &C, by Councilmembers Diaz and Bellino. REDEVELOPMENT Upon individual roll call vote, Councilmembers Bellino, Diaz, PLAN" DiMascio, Johal and Naples voted in the affirmative. Councilmember Krum was noted absent. "ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE COOKE AVENUE MIXED -USE REDEVELOPMENT AREA" Mayor Reiman said this is with regard to bulk standards, height/set- backs, etc. ORDINANCE #19 -22 ORDINANCE #19 -22 was introduced and adopted on First Reading "AMENDING & and the Assistant Clerk authorized and directed to advertise same for SUPPLEMENTING Public Hearing, upon MMS &C, by Councilmembers Diaz and Johal. CHAPTER 254 OF THE Upon individual roll call vote, Councilmembers Bellino, Diaz, CODE" DiMascio, Johal and Naples voted in the affirmative. Councilmember Krum was noted absent. 2 AUGUST 22, 2019 "AMENDING & SUPPLEMENTING CHAPTER 254, VEHICLES AND TRAFFIC" ORDINANCE #19 -23 was introduced and adopted on First Reading and the Assistant Clerk authorized and directed to advertise same for Public Hearing, upon MMS &C, by Councilmembers Diaz and Naples. Upon individual roll call vote, Councilmembers Bellino, Diaz, DiMascio, Johal and Naples voted in the affirmative. Councilmember Krim was noted absent. "AMENDING CHAPTER 25 OF THE CODE OF THE BOROUGH OF CARTERET, TABLE OF ORGANIZATION" ORDINANCE #19 -23 "AMENDING CHAPTER 25 OF THE CODE" The Assistant Clerk stated that Ordinance #19 -18 was introduced and adopted on First Reading at a meeting of the Mayor and Council held ORDINANCE #19 -18 on July 18, 2019. It was duly published in the Star Ledger on August "AMENDING 7, 2019, with notice that it will be considered for final passage after ORDINANCE #84 -6" Public Hearing to be held August 22, 2019 at approximately 6:00 p.m. The Ordinance was posted on 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 Bellino and unanimous affirmative vote of the five (5) Councilmembers present, Mayor PUBLIC HEARING Reiman declared the Public Hearing to be open. Rudy Urban asked if this was for commercial users. Mayor Reiman said this sets the rate for all sewer users for the 2019, 2020, 2021 term. Rudy Urban asked if it was done by tonnage. Mayor Reiman explained that there was a minimum and a maximum and residential has a flow, commercial /industrial has a minimum flow and they pay based upon the flow; beyond that, heavy users have a meter pit and explained. N AUGUST 22, 2019 (Continued) HEARING 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 Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS &C, by Councilmembers Diaz and Naples ORDINANCE #19 -18 "AN ORDINANCE TO AMEND ORDINANCE #84 -6 ENTITLED "AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM " ADOPTED was finally Adopted. Upon individual Roll Call Vote, Councilmembers Bellino, Diaz, DiMascio, Johal and Naples voted in the affirmative. Councilmember Krum was noted absent. . APPROVED AND ADOPTED: August 22, 2019 INTRODUCED: July 18, 2019 Advertised as Adopted on First Reading with Notice of Public Hearing: August 7 2019 Hearing Held: August 22, 2019 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: August 31, 2019 ORDINANCE #19 -19 The Assistant Clerk stated that Ordinance #19 -19 was introduced and "AMENDING SALARY adopted on First Reading at a meeting of the Mayor and Council held ORDINANCE- on July 18, 2019. It was duly published in the Star Ledger on August WHITE COLLAR 7, 2019, with notice that it will be considered for final passage after EMPLOYEES" Public Hearing to be held August 22, 2019 at approximately 6:00 p.m. The Ordinance was posted on 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 Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present, Mayor Reiman declared the Public Hearing to be open. M AUGUST 22, 2019 (Continued) There being no comments or objections to the Ordinance, the Mayor HEARING CLOSED 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. Mayor Reiman said this was for the White Collar office workers, they will be receiving a 2% salary increase; this is a five year contract. Upon MMS &C, by Councilmembers Diaz and Bellino ORDINANCE #19 -19 "AN ORDINANCE TO AMEND ORDINANCE #71 -9 ESTABLISHING SALARY SCHEDULES AND FIXING 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, Johal and Naples voted in the affirmative. Councilmember DiMascio abstained. Councilmember Krum was noted absent. . APPROVED AND ADOPTED: August 22, 2019 INTRODUCED: July 18, 2019 Advertised as Adopted on First Reading with Notice of Public Hearing: August 7, 2019 Hearing Held: August 22, 2019 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: u st 31, A 2019 A copy of each Resolution was placed on the table for public review prior the meeting in accordance with the Rules of Council and upon MMS &C, by Councilmembers Naples and DiMascio and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on all Resolutions /Agenda items and new business. PUBLIC PORTION RESOLUTIONS AGENDA ITEMS AND NEW BUSINESS 5 AUGUST 22, 2019 (Continued) Lakesha Bell asked why the mayor's brother was being brought back LAKESHA BELL the police force and said her 19 year old son was deathly afraid of the officer. Mayor Reiman said he couldn't comment but an officer was found not guilty by the courts and comes back to work. Ms. Bell said the community does not want him here. Mayor Reiman said most of the community wants the officer here. Ms. Bell disagreed. Mary Ann Brown asked why the benches were taken out of Chrome Park. MARY ANN BROWN Mayor Reiman said the benches weren't taken out of Chrome Park; they were taken off the basketball court because drug dealers were hanging out there every day but they were meant for people to sit and eat at. He said there are still benches throughout the park. Jerome Hampton asked if anyone went to the Chrome community to JEROME HAMPTON ask if they wanted Officer Reiman back. Mayor Reiman said he spoke to many people in all aspects of the community and said this is not a decision the mayor and council makes, he was found not guilty by a jury of his peers. He said we have a Criminal Justice system and a Civil Service system; employees are governed by state law for Civil Service. He said if a person is found not guilty they get to come back to work. Mr. Hampton said he works in the Justice System, he knows how it works. He said no one in the Chrome community felt they were spoken to about Officer Reiman being reinstated and asked who the mayor spoke to. Mayor Reiman said he spoke to many taxpayers and members of the community throughout town. He reiterated that the mayor and council do not decide who comes back and explained. Mr. Hampton said the police are supposed to serve and protect but the people in Chrome do not feel protected and asked how bringing back Officer Reiman was justified. 6 AUGUST 22, 2019 (Continued) Borough Law Director, Robert Bergen explained that it is a Civil Service system and employees have legal rights. Rudy Urban said there is a Borough Ordinance regarding fences on corner properties. He said he felt the mayor and council should be RUDY URBAN enforcing this Ordinance because there are blind sights at the stop signs which are 25 feet from the intersection so you have to stick the nose of your vehicle out into the intersection, which he felt was not safe for motorized vehicles that are passing. Mayor Reiman asked if there was a specific intersection. Rudy Urban said they are all over town. He suggested looking into a police community review board. Mayor Reiman said that is against New Jersey law, Newark set one up that the courts ruled illegal. He said lie was a proponent of a citizens advisory /review board. Rudy Urban said lie was a member of the CAP board years ago, for concerns of the citizens and they were able to address them. Mayor Reiman said that was geared toward industry. John Jimenez said a lot of citizens are concerned about Officer Reiman coming back to work. He said he sat through the whole trial and said JOHN JIMENEZ it was stated that Officer Reiman has PTSD. Mayor Reiman said lie was there for the entire trial and that was not stated once and said Mr. Jimenez should not make false accusations or continents because someone could file a lawsuit against him. Mr. Jimenez said lie was also there when Officer Reiman admitted that he did not turn his body camera on which was against state law. He said he doesn't feel safe or safe for his children because he lives in the Chrome section. Mayor Reiman encouraged Mr. Jimenez and any resident in any neighborhood /community to call police if they see drug dealers or gang members. He said too many people don't say anything when something happens but it is a matter of the Police Department working with the community and the community working with the department and the government to get things done and to stop some of the violence. 7 AUGUST 22, 2019 (Continued) JOSEF STEVE (WRONKO) * Clerk's Note Steve signed the book with his first name, Mayor Reiman addressed him as Mr. Wronko Mr. Bergen said the police department will make an assessment of what role Officer Reiman will play in the department and make the assignments accordingly. Mr. Jimenez said if Officer Reiman does come back, the people in the Chrome section do not want him to patrol there, he suggested desk duty. Mayor Reiman said we don't get to decide the assignments, the police department does and we do not discuss assignments in public. Josef thanked the mayor and council for the street light, and said he was with his neighbors a month ago. Steve (Wronko) asked Mr. Bergen why he let someone throw Ms. Bell out of the meeting when she had time left on the clock and said it was against the law and said it was actually a Supreme Court ruling out of Florida, lie elaborated. Mr. Bergen said lie wasn't sure if Steve was siting the law correctly, she was given an opportunity to speak and that is what the law allows; she cannot disrupt the meeting, other people have a right to participate in the meeting and he was not going to debate with him that was his opinion. Steve said after his ruling that the mayor's page is a government page, the mayor still has people blocked and asked when he will unblock people. Mr. Bergen suggested he ask the mayor since it is his page. Steve asked the mayor when he would be unblocking people. Mayor Reiman said he wasn't aware that people were blocked and asked Steve if he was blocked from his page. Steve said he is blocked. Mayor Reiman asked if Steve used profanity on the page. Steve said he is allowed to use profanity. Mayor Reiman said if you use profanity, try to incite violence or people and explained that those people could be blocked. M AUGUST 22, 2019 (Continued) Steve said the ruling was that it was ruled a public page, same as the Twitter lawsuit with Trump it is a social media case, a civil rights violation. Mr. Bergen said the ruling was that you would get a list of the people who were blocked and the ruling was complied with. There being no further comments or objections to the Resolutions /Agenda items or new business, upon MMS &C, by Councilmembers Bellino and Naples and unanimous affirmative vote of the five (5) Councilmembers present, the public portion of the meeting was closed. RESOLUTIONS: 1. #19 -132 Directing the Issuance of Various Raffle Licenses. 2. #19 -133 Approving 2020 Snow Plowing Removal Services. 3. #19 -134 Approving Payment Estimate #8 & Change Order #2 — Improvements to the Intersection of Minue Street and Roosevelt Avenue. 4. #19 -135 Authorizing "Window" Contract. 5. #19 -136 Appointing Members to the Zoning Board of Adjustment. 6. #19 -137 Authorizing Emergency Sewer Repair Contract with B &W Construction Company. 7. #19 -138 Approving Leave of Absence for Carmela Pogorzelski. 8. #19 -139 Appointing Carmela Pogorzelski to the Position of Acting Municipal Clerk. 9. #19 -140 Refund of Tax and /or Sewer Fee Overpayment. 10. #19 -141 Cancellation of Capital Improvement Appropriation Balances. 11. #19 -142 Approving Payment Certificate #6 & Change Order #1 — 2018 Road Improvement Program. 12. #19 -143 Amending Resolution #19 -52. 13. #19-144 Professional Services — Maser Consulting, Re: River Walk Northern Section, Phases 2.0 & 3.0. 14. #19 -145 Transfer of Certain Real Property for Redevelopment Purposes Pursuant to Redevelopment Agreement. 15. #19 -146 Appointing School Traffic Guards for the 2019 -2020 School Season. PUBLIC PORTION CLOSED RESOLUTIONS Mayor Reiman asked for a motion on the Consent Agenda. AUGUST 22, 2019 (Continued) CONSENT AGENDA Resolutions #19 -132 through #19 -146 were introduced by Mayor Reiman and referred to the Council for action. Upon MMS &C, by Councihnembers Diaz and Bellino RESOLUTION #19 -132 RESOLUTION #19 -132 "RAFFLE LICENSE MAYOR'S CHARITY TRUST FUND" "DIRECTING THE ISSUANCE OF VARIOUS RAFFLE LICENSES" RESOLUTION #19 -133 RESOLUTION #19 -133 "2020 SNOW PLOWING SERVICES" "APPROVING 2020 SNOW PLOWING REMOVAL SERVICES" RESOLUTION #19 -134 RESOLUTION #19 -134 "PAYMENT ESTIMATE #8, CHANGE ORDER #2 MINUE/ ROOSEVELT INTERSECTION" RESOLUTION #19 -135 "WINDOW CONTRACT" RESOLUTION #19 -136 "APPOINTING ZONING BOARD MEMBERS" RESOLUTION #19 -137 "EMERGENCY SEWER REPAIR B &W CONSTRUCTION" "APPROVING PAYMENT ESTIMATE #8 & CHANGE ORDER #2 IMPROVEMENTS TO THE INTERSECTION OF MINUE STREET AND ROOSEVELT AVENUE" RESOLUTION #19 -135 "AUTHORIZING WINDOW CONTRACT" RESOLUTION #19 -136 "APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT" RESOLUTION #19 -137 "AUTHORIZING EMERGENCY SEWER REPAIR CONTRACT WITH B &W CONSTRUCTION COMPANY" 10 AUGUST 22, 2019 (Continued) RESOLUTION #19 -138 RESOLUTION #19-138 "APPROVING LEAVE OF ABSENCE" "APPROVING LEAVE OF ABSENCE FOR CARMELA POGORZELSKI" RESOLUTION #19 -139 RESOLUTION #19 -139 "APPOINTING "APPOINTING CARMELA POGORZELSKI ACTING CLERK" TO THE POSITION OF ACTING MUNICIPAL CLERK" RESOLUTION #19 -140 RESOLUTION #19 -140 "REFUND OF TAX "REFUND OF TAX AND /OR SEWER FEE OVERPAYMENT" AND /OR SEWER OVERPAYMENT" RESOLUTION #19 -141 RESOLUTION #19 -141 "CANCELLATION OF CAPITAL IMPROVEMENT "CANCELLATION OF APPROPRIATION BALANCES" CAPITAL IMPROVEMENT APPROPRIATION RESOLUTION #19 -142 BALANCES" "APPROVING PAYMENT CERTIFICATE 46 & CHANGE ORDER RESOLUTION #19 -142 #1 — 2018 ROAD IMPROVEMENT PROGRAM" "PAYMENT CERTIFICATE #6 CHANGE ORDER #1 RESOLUTION #19 -143 2018 ROAD IMPROVEMENTS" "AMENDING RESOLUTION #19 -52" RESOLUTION #19 -143 "AMENDING RESOLUTION #19 -144 RESOLUTION #19 -52" "PROFESSIONAL SERVICES — MASER CONSULTING, RESOLUTION #19 -144 "PROFESSIONAL RE: RIVER WALK, NORTHERN SECTION, PHASES 2.0 & 3.0" SERVICES, RIVERWALK, PHASES 2.0 & 3.0" AUGUST 22, 2019 (Continued) RESOLUTION #19 -145 "TRANSFER OF PROPERTY FOR REDEVELOPMENT PURPOSES" RESOLUTION #19 -146 "APPOINTING 2019- 2020 SEASON SCHOOL TRAFFIC GUARDS" "TRANSFER OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES PURSUANT TO REDEVELOPMENT AGREEMENT" RESOLUTION #19 -146 "APPOINTING SCHOOL TRAFFIC GUARDS FOR THE 2019- 2020 SCHOOL SEASON" were Adopted. Upon individual Roll Call Vote, Councilmembers ADOPTED Bellino, Diaz, DiMascio, Johal and Naples voted in the Affirmative. Councilmember Krum was noted absent. Upon MMS &C, by Councilmembers Diaz and Johal, all bills PAYMENT OF BILLS appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual Roll Call Vote, Councilmembers Bellino, Diaz, DiMascio, Johal and Naples voted in the Affirmative. Councilmember Krum was noted absent. APPLICATIONS Applications: RESOLUTION #19 -145 1. Carteret Volunteer Fire Co. #2 — New Member Frank A. Coghan. Mayor Reiman asked the Assistant Clerk if the application was sent to the Fire and Police Departments and if background checks were done. Assistant Clerk Pogorzelski said they were. Upon MMS &C, by Councilmembers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present, the application was ordered to be received and placed on file. REPORTS Reports: 1. Clerk's Office — July 2019 2. Inspection of Buildings — July 2019 12 AUGUST 22, 2019 (Continued) Upon MMS &C, by Couneilmembes Diaz and Naples and unanimous affirmative vote of the five (5) Councilmembers present, all reports were ordered to be received and placed on file. BUILDINGS & GROUNDS: Committee Chairperson Johal reported progress. COMMITTEES FINANCE & ADMINISTRATION: Committee Chairperson Diaz reported progress. PARKS, RECREATION & PUBLIC PROPERTY: Committee Chairperson Bellino reported progress. POLICE: Committee Chairperson Naples said the police are training on the new bikes and will be out in full force in about two weeks. She said she was very excited about that, PUBLIC WORKS: Committee Chairperson DiMascio thanked the mayor for getting the guys to trim the trees and said they did a good job. Mayor Reiman agreed and said it makes the sidewalks accessible for sweepers and walkers. BOARD OF EDUCATION: Committee Chairperson Naples said she had an opportunity to look at the plans for the new junior high and said she was very excited about moving forward. Mayor Reiman spoke about the Special Election which will held on September 24 and said this will be an opportunity to build a new MAYOR REIMAN junior high school and spoke about the referendum. He said this will free up 30% of space in the middle school and about 20% of space in the grammar schools. He said this would be $37 million for the construction of a new junior high school and various improvements to the other schools in the Borough. He said it was up to residents, then said he is personally voting yes. 13 AUGUST 22, 2019 (Continued) There being no further comments or discussion, upon MMS &C, by ADJOURNED Councilmembers Diaz and Bellino and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was adjourned at approximately 6:24 p.m. Respectfully submitted, cp 14