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Home My Public Portal About2002/01/24 J,e. JqUARY 24, 2{302 A Special Meeting was called to order by Council President SPMCIAL MI:;t:rlNG Santoro, in the absence of Mayor James Failace and the Council of the Borough of Carteret on Thursday, January 24, 2002, 7:05 Jammry 24, 2002 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call vote the following were noted present: ROLL CALL Councilmember Frank Parisi Daniel Reiman " Ronald Rios " Janet Santoro " Buddy Sohayda " Brian Sosnowski Also noted present was Borough Attorney Robert Bergen, Special Counsel Charles Leibling and Dave Roberts from Schoor De Palma. The Assistant Clerk stated that on January 18, 2002, in full STATI~'~I~T OF compliance with the Open Public Meetings Act, a notice of ~ NOtiCE tonight's meeting was sent to The Home News Tribune, The Star Ledger and posted on the Bulletin Board. For Review and Consideration of Redevelopment Plan for Landfill PORPOSE OF THE Reclamation Improvement District Designated by Borough Mt;ti'lNG Ordinance #95-40, As Amended by Borough Ordinance #96-14 and Any Other Business That May Come Before the Council. Formal Action May Be Taken. Council President Santoro explained that we were holding this DISCIJSSION meeting to review the Redevelopment Plan and then she introduced Charles Liebling, Esq., Special Counsel and Dave Roberts from Schoor De Palma who will be working with the Borough on this Redevelopment Plan. Charles Liebling explained the Amended and Restated Omrles Li.ebling Redevelopment Plan for the Carteret Landfill Reclamation Esq. Improvement District and said then they will be referring it to the Planning Board . He said they are here today without a clear understanding of the Redevelopment Plan and also with the potential of entering into a new Redevelopment Agreement with the new Redeveloper and it makes sense to have a plan that conforms to the laws that exist today and also give the further guidance to the Redeveloper as to what might occur in this Redevelopment Area which is missing the plan that was J/dqU~ 26-, 21302 Charles Liebling supportively adopted in 1995. He said this evening we are referring Cont: this plan to the Planning Board for their recommendation and explained, the Council refers to the Planning Board and they have forty-five (45) days that they should report as to the plans consistency with the Master Plan. That could be the plan with any Zoning Ordinance and then refer it back. It takes ten (10) days longer than they have for a Zoning Ordinance and then it is up to this Governing Body to adopt the plan, if it sees fit, and they can do so over the objection of the Planning Board and they can make any changes. Council President Santoro asked Attorney Liebling if the boundaries were the same. Attorney Liebling said they were identical and they hadn't changed the boundaries. Council President Santoro asked what the change was. Attorney Liebling said the original plan doesn't have all the statutory requirements that the Redevelopment Plan has to have under the Redevelopment Law. He explained this. Council President Santoro asked Attorney Liebling if the plan was basically specific and not locking them into a specific use. Attorney Liebling said the uses of the plan are broad and explained he was going to let Dave Roberts walk them through the actual contents of the plan. They need to have a valid Redevelopment Plan in place for the Redeveloper. Council President Santoro asked Attorney Liebling if this was basically the first stages and then they would move on to an agreement and specifics. Attorney Liebling said it was. Attorney Bergen said one of the reasons we are having this Special Meeting is the Planning Board wants to get started right away. They are having a Special Meeting on February 4th and they can fit this into their meeting. Councilmember Reiman said it ~vould be at the Thomas Deverin Community Center at 7:00 p.m. Dave Roberts, Dave Roberts from Schoor DePalma explained the contents of the Sehoor De Palina plan. Council President Santoro questioned if it was not an actual agreement at this point. Mr. Roberts said it was not a Site Plan and he explained a little about that. 2002 Councilmember Reiman asked Mr. Roberts when the Site Plan is [ir. Robot-ts Cont: developed and eventually presented to the Council, will the Plaiming Board still approve that. Mr. Roberts said yes and he spoke shortly on that. Attorney Bergen said, as he had stated earlier, this is just an update in revision. It will include the total three hundred fifty (350) acres. Council President Santoro asked if this was what was originally proposed as far as the properties. Mr. Roberts said yes. Councilmember Reiman asked that without getting too much into the negotiations, does the old contract that exists with the old Developer call for them to be the Designated Redeveloper for the entire site or just for Phase one (l), which is one hundred and twenty (120) acres. Attorney Bergen then informed the Governing Body that they were not to discuss, in Open Session, the position of the Borough on any previous agreement and what our rights and limitations are. Attorney Liebling explained that this agreement gives the Borough the flexibility. It doesn't necessarily give flexibility to anyone who walks in the door. Council President Santoro asked Attorney Liebling about the old plan that was submitted and he told her it was attached and they spoke about this shortly. Councilman Rios referred to page seven (7) in the Redevelopment Plan where the County's Plan referred to it as the Carteret Mall. He questioned the follow-up on this. Mr. Roberts explained that was one of the things they had to reseamh the best they could because basically they want to see that it is consistent with the County's (inaudible) Plan. It really hasn't pinpointed how it deals with this site, hut, they do have a strategic plan and that is what they looked at and based on the best we could determine it is still consistent with the strategic plan which would simply call for it to be redeveloped. Also it will be redeveloped for basically commercial purposes, so, since this plan still calls for that ~ve feel it is still consistent, not contained. If anything we have added more uses. Councilmember Reiman asked that the actual Agreement and Site Plan will give us the total passage once we get to that point in time. Mr. Roberts said yes and he spoke briefly on this. JANUARY 24, 2002 DISCUSSION Councilmember Sohayda asked if their list of permitted uses is as Cont: vast as it is, do they have any gage, or chart that the tax coming into the Borough is from blank to blank, high to low. Attorney Liebling said these are uses, rather than actual projects. Councilmember Sohayda said if it is a warehouse it will be less and if it is a hotel it will go up more. Attorney Liebling said he thinks it would correspond to other Borough properties in uses, in whatever the Borough is collecting. Attorney Bergen said generally there is an analysis you can do when you break down a particular use you use sometimes even square foot space and you can calculate what taxes generate on that type of property. You can go back and do that on terms of the overall site, on how much tax revenues can be generated on what actually goes on. He commented the Borough has a premier group of professionals to make sure they are protected in this agreement. They are Mr. Liebling, Mr. Roberts and Beacon Construction. They will make sure the Borough gets a fair deal. He suggested they should have a meeting soon and bring all those people in and then went on to say the next stage would be, if the Council wishes, for the Borough to pass a resolution which would formally refer the plan to the Planning Board, so they could begin their procedures. Council President Santoro asked for a motion to open the meeting to the public to vote on a resolution referring the plan to the Planning Board. M~rlNG OPE/tED Upon MMS&C by Councilmembers Reiman and Sohayda and unanimous affirmative vote of the full Council present, the meeting Public Input on Resolution ~/02-41 was opened for public input on Resolution #02-41. Edward (inaudible) came forward and asked what the cost would be for the town for the initial starting up of getting the complete grounds in order before they could start developing. He asked if it was the towns obligation to get the area prepared or will it be the Developers obligations to get all the sewers and road in, etc. Attorney Bergen said tight now it has to be brought before the Panning Board for approval. Exactly who is responsible for what will be determined when the plan in finalized. Public Portion There being no comments or objections to the resolution the Closed Council President declared the Public Heating to be closed upon MMS&C by Councilmembers Reiman and Rios and unanimous affirmative vote of the full Council present. Upon MMS&C by Councilmembers Reiman and Sohayda 4 JANOARY 24, 2002 RESOLUTION #02-41 RESOII/rlON tg)2-41 Resolution Refercing "RESOLUTION REFERRiNG TO THE PLANNiNG BOARD to the Planning Board fa: FOR RECOMMENDATION AN AMENDED AND RESTATED Reemanenation REDEVELOPMENT PLAN FOR LANDFILL RECLAMATION An Amended And IMPROVEMENT DISTRICT PURSUANT TO THE LOCAL Reststed REDEVELOPMENT AND HOUSING LAW, N.J.S.A.40A:12A- Redevelopment 1 ,et seq. AND THE LARGE SITE LANDFILL RECLAMATION Plan For Lanfill AND iMPROVEMENT LAW, N.J.S.A. 40A:12A-50, et seq. Reclamation Improvement District was Adopted. Upon individual roll call vote Councilmembers Parisi, Reiman, Rios, Santoro, Sohayda and Sosnowski voted in 12A-I, ~ s, aq. ,md the. the Affirmative. [art,,e Si.re L~l[i I I Attorney Bergen said once this plan comes back from the Planning Board in order for it to be the official Redevelopment Plan for this district, this Council has to adopt this by formal ordinance. Adopted Councilmember Reiman said a sewer problem came across today and they need to approve a resolution for EKA, Not to Exceed $1500.00. There was a manhole cover that had been paved over and the Borough had not been aware of it. They are investigating that as part of the Street Project and a Construction Project. RESoIBrlO~ ~02-42 Upon MMS&C by Councilmember Reiman and Rios Authorizing a professional RESOLUTION #02-42 Services Contract -- with EI~ Serviom~, NtO bt,~ the "AUTHORIZING A PROFESSIONAL SERVICES CONTRACT Investigation of WITH EKA ASSOCIATES FOR ENGINEERING SERVICES a Covered Manhole REGARDiNG THE iNVESTIGATION OF A COVERED SEWER MANHOLE" was Adopted. Upon individual roll call vote Councilmembers Adopted Parisi, Reiman, Rios, Santoro and Sohayda voted in the Affirmative. Councilmember Rios had questioned why they were using EKA and not T&M and Attorney Bergen said it was only because it had to do with approval from the Zoning and Planning Board and EKA had come across the manhole and actually got in touch with T&M and rather than pay both professionals EKA is overseeing the construction of that project. Councilmember Reiman asked for a motion to go into Closed Session in reference to Personnel and Litigation. Upon MMS&C Councilmember Reiman and Sohayda J~dqU~d{Y 24, 2{302 ~ON i1~02-43 RESOLUTION #02-43 Resolution to go into Closed Session "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was Adopted. Upon individual roll call vote, Councilmembers Parisi, Reiman, Rios, Santoro, Sohayda and Sosnowski voted in Affirmative. ~_~:rllqG CLOSI!I) A Closed Session was held at approximately 7:40 p.m. ttl!lgr[Ng OPI~I!D Upon MMS&C by Councilmembers Reiman and Rios and unanimous affirmative vote of the full Council present this meeting was opened to the public at approximately 8:19 P.M. AI)JOilRNED There being no further business or discussion, upon MMS&C by Councilmembers Reiman and Rios and unanimous affirmative vote of the full Council present the meeting was Adjourned at approximately 8:20 P.M. Respectfully submitted, LINDA A. RIVERA Assistant Municipal Clerk LAR