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Home My Public Portal About07-10-04a The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting October 16, 2007, was held on October 4, 2007, 5:00 P.M., Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call vote the following were noted present; Mayor Daniel J. Reiman Councihnember Vincent Bellino " Jorge Diaz " Randy Krum " Susan Naples " Ronald G. Rios Noted Absent was Councilmember Joseph W. Sitarz. Also noted present was Borough Attorney Robelt G. Bergen. The Clerk stated that the 2007 Annual Meeting Notice was mailed to The Home News Tribune, The Star Ledger and posted on the Bulletin Board on December 27,2006. The meeting was opened with a Minute of Silent Prayer and The Pledge of Allegiance led by Mayor Daniel J. Reiman. September 6 & 20, 2007. OCl'OBER 4,2007 AGmDA MfG. Cktober 4,1.007 ROIL CAlL SfATIMENl' OF MEErING NOITCE SILENI' PRAYER/ PLIDGE OF AILEGIANCE MINlITFS FOR APPROVAL 1 OCl'OBER 4, 2007 REmGNlTION Carteret Girl Scout Troop #l8l8. Mayor Reiman explained they will be observing a Council Meeting as part of one of their Badge Programs and may do a tour of the building. ORDINANCE #()7-20 The Clerk stated that Ordinance #07-20 Was introduced and passed upon First St~a~er Reading at a Council Meeting of the Borough Council of the Borough of Carteret Re atlOns held on July 26, 2007. It was duly published in The Home News Tribune on September 26, 2007, with notice that it will be considered for final passage after Public Hearing to be held on October 4, 2007, 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 Hearing Upon MMS&C by Councihnembers Rios and KnIm and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open. There were not comments or objections. 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 KnIm and Rios and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS&C Councilmembers Rios and Naples ORDINANCE #()7-20 ORDINANCE #07-20 '~~ngR~~'AMENDING ORDINANCE #06-49 OF THE CODE OF THE BOROUGH OF StoD1lW~ter CARTERET, AMENDING REGULATIONS FOR THE STORMWATER Regulations" 2 OCl'OBER 4, 2007 MANAGEMENT AND CONTROL IN THE BOROUGH OF CARTERET, Ordinance #()7-20 COUNTY OF MIDDLESEX" was Adopted. Upon individual roll call, Councilmembers Bellino, Diaz, Kmm, Adopted Naples, Rios and Sharz voted in the Affirnlative. Councilmember Sitarz was noted Absent. OCTOBER 4, 2007 JULY 26, 2007 APPROVED AND ADOPTED: INTRODUCED: Advertised as Adopted on First Reading With Notice of Public Hearing: SEPTEMBER 26,2007 Heming Held: OCTOBER 4, 2007 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: OCTOBER l2, 2007 Amending Resolutions #07-l34 Designating Chick's Holiday Time, Inc. as Redeveloper. Review of2005-2006 Annual Audit. Professional Services-Slaving and Morse-Legal Services in Regards to AB:C Matters. Designating Official DepositOlies. Approving ABC Place-to-Place Transfer for Expansion of Premises-Gio's Riverside. Refund of Tax and/or Sewer Fee Overpayments. Professional Services - Potter Architects, Re: Health and WelIness Center. Professional Services - Appraisal Consultants Corp., Re: Real Estate Tax Appeals. Professional Services - McManimon & Scotland, Re: Bond Counsel. Approving Change Order #2 & Final and Payment Certificate #4 & Final - Waterfront Park, Phase II-B, Re: Zenith Construction. Mayor Reiman spoke about Resolution #1, saying it is the corporate entity for Burger Express. It is designating an additional piece of property as far as their development application and project which is the television shop on Roosevelt Avenue, adjacent to that propelty. RESOLUfIONS Mayor Reiman 3 OCl'OBER 4, 2007 Mayor Cont: Mayor Reiman spoke about Resolution #2, saying there is paperwork coming by for the Councilmembers signatures on the audit and soon they will be meeting to implement the few audit recommendations that were made. Mayor Reiman spoke about Resolution #7, saying last year they engaged Potter to do conceptural plans so we could apply for some grants. This will take it to the next step ;for preliminary plans and will also allow them to engage adequate professionals for the Health and Wellness Center. Mayor Reiman spoke about Resolution #9, saying this was 06/07 bond anticipation notes that we issue every year, with a set fee that we get and this is just issuing those dollars. Mayor Reiman asked ifthere were any questions on any ofthe resolutions. Council President Rios asked if there were any "not to exceed" numbers on any of the resolutions or are they set fees. Mayor Reiman said Potter Architects is not to exceed $89,500.00, Appraisal Consultant Corp. is not to exceed $10,000.00 and McManimon and Scotland is not to exceed $l4,000.00. Consent Agenda Mayor Reiman then asked the Council to approve Resolutions #l thru #10 for a Consent Agenda. Resolutions #07-249 to #07-258 were intTOduced by the Mayor and referred to the Council for action. Upon MMS&C by Councilmembers Diaz and Krum lliSOLUl'ION #()7-249 RESOLUTION #07-249 "AMENDING RESOLUTION #07-134 DESIGNATING CHICK'S HOLIDAY TIME, INC. AS REDEVELOPER" 'Chich's Holiday Time" lliSOLUl'ION #()7-250 '2005-2006 Annual Audit" RESOLUTION #07 -250 "REVIEW OF 2005-2006 ANNUAL AUDIT" 4 OCl'OBER 4, 2007 RESOLUTION #07-251 RESOLUfION #()7-251 "PROFESSIONAL SERVICES-SLAVING & MORSE-LEGAL SERVICES IN "ABC Matters" REGARDS TO ABC MATTERS" RESOLUfION #()7~252 "Official Depositories" RESOLUTION #07-253 RESOLUITON #()7=253 "APPROVING ABC PLACE- TO-PLACE TRANSFER FOR EXPANSION FOR "Gio' s Riverside" EXPANSION OF PREMISES-GIO'S RIVERSIDE" RESOLUTION #07-252 "DESIGNATING OFFICIAL DEPOSITORIES" RESOLUTION #07-254 RESOLUITON #()H54 "REFUND OF TAX ANDIOR SEWER FEE OVERPAYMENTS" ''Refund of Tax and) or Sewer Fee Over- RESOLUTION #07-255 payments" "PROFESSIONAL SEVICES - POTTER ARCHITECTS, RE: HEALTH AND RESOLUITON #()7.:zJ3fJ WELLNESS CENTER" "Health andWellness Center" RESOLUTION #07-256 RESOLUfION #()H56 "PROFESSIONAL SERVICES - APPRAISAL CONSULTANTS CORP., RE~'Rea1 Estate Tax REAL ESTATE TAX APPEALS" Appeals" RESOLUTION #-07-257 RESOLUfION #()7o!l.57 "PROFESSIONAL SERVICES - MCMANIMON & SCOTLAND, RE: BOND "Bond Cotmsel" COUNSEL" RESOLUTION #07-258 APPROVING CHANGE ORDER #2 FINAL AND PAYMENT CERTIFICATE #4 & FINAL- WATERFRONT PARK, PHASE II-B, RE: ZENITH CONSTRUCTION" RESOLUITON #()7o!l.58 "Zenith Construction" were Adopted. Upon individual roll call vote, ( for Resolutions #07-249, #07- 250, #07-25l, #07-252, #07-253, #07-254, #07-255, #07-256 and #07-257), Councilmembers Bellino, Diaz, Krum, Naples and Rios voted in the Affimlative. Councihnember Sitarz was noted Absent. Adopted 5 OCl'OBER 4, 2007 Resolution #()7-257 Adopted PAYMENr OF BIIlii APPLICATIONS Re: Volunteer Fire Co. Taxicab Owner'& Driver ABC license Transfer REPORTS -For Resolution #07-257, Upon individual roll call vote, Councilmembers Bellino, Diaz, Krum and Naples voted in the Affirmative. Councilmember Rios Abstained. Councilmember Sitarz was noted Absent. Upon MMS&C by Councilmembers Rios and Naples all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote, Councilmembers Bellino, Diaz, Naples, Kium and Rios voted in the Affirmative. Councilmember Sitarz was noted Absent. The Clerk stated that she was in receipt of an Application from Volunteer Fire Company - New Member, Denuis Valdez. Upon MMS&C by Councilmembers Diaz and Rios and unanimous affirmative vote of the five (5) CounciInlembers present, it was ordered to be approved. The Clerk stated that she was in receipt of an Application from Taxicab Owner & Driver - Thomas Lipnicki. Upon MMS&C by Councilmembers Rios and Naples and unanimous affilmative vote of the five (5) Councilmembers present, it was ordered to be approved. The Clerk stated that she was in receipt of an Application from ABC License Transfer #1201-44-034-007 from Edis Liquors, LLC to Jason Kaplan. Upon MMS&C by Councilmembers Diaz and Rios and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. Clerk's Office - September 2007. 6 OCl'OBER 4, 2007 BUSINESS TO BE ADDED Councilmember Kium said he wants to vote on a per diem EMT at the next meeting. BUSINESS TO BE ADDED: Councihnember Naples said there are two (2) applicants she wants to screen and review for a per diem cleaning person. Mayor Reiman then asked for a motion to go into Closed Session to discuss Personnel Matters. Resolution #07-259 was introduced by the Mayor and referred to the Council for action. RESOLUflON #()7-259, "Closed Session" Upon MMS&C by Councilmembers Rios and Krum RESOLUTION #07-259 "RESOLUTION TO GO INTO CLOSED SESSION" was Adopted. Upon individual roll call vote, Councilmembers Bellino, Diaz, Adopted Kmm, Naples and Rios, voted in the Affirmative. Councilmember Diaz was noted Absent. At approximately 5:l2 P.M., a Closed Session was held. CLOSED SESSION At approximately 5:22 P.M., after no fUlther discussion, the Meeting was opened upon MMS&C by Councilmembers Rios and Krum and unanimous affirmative vote ofthe five (5) Councilmembers present. MEErING RE-OPm!ID Noted present was Mayor Reiman, Councilmembers Bellino, Diaz, Kmm, Naples and Rios and Borough Attorney Robert Bergen. PRESJiNl' 7 OCl'OBER 4, 2007 Councilmember Sitarz was noted Absent. RESQLUfION #()7-260 Borough Attorney Robert Bergen then read the following resolution into the record: RESOLUTION #07-260 , AUTHORIZING AND DIRECTING THE ISSUANCE OF A FINAL NOTICE OF DISCIPLINARY ACTION REGARDING FIREFIGHTER ERIC KJEMS WHEREAS, the PNDA also provided for Kjems' ultimate suspension or permanent removal, pending the outcome of any requested departmental heming with regard to the charges in this matter; and WHEREAS, the Borough designated Emery Z. Toth, Esq. (hereinafter "Judge Toth,". Mr. Toth also serves as a Municipal Court Judge in Middlesex County), 280 High Sreet, Perth Amboy, New Jersey 08861 as the Healing Officer for the within matter; and WHEREAS, Judge Toth as the designated Hearing Officer presided over two days of hearings in this matter, specifically on January 17,2007 and February 7, 2007, during which various documents and exhibits were introduced, as well as the testimony of several fact witnesses submitted under oath; and WHEREAS, following the conclusion of the aforementioned hearings, final submissions written submissions were submitted to Judge Toth for his review and consideration; and 8 OCl'OBER 4, 2007 WHEREAS, Judge Toth has rendered his factual findings and issued a written decision setting forth certain recommended disciplinary action in this matter, dated October 3, 2007, which members of the Governing Body have reviewed and considered; and Resolution #()7-260 Cont: WHREAS, Judge Toth found that the PNDA charges filed against Firefighter Kjems were in fact sustained based upon consideration of all the evidence presented during the hearings; and WHEREAS, Judge Toth has further recommended that Firefighter Kjems be terminated and permanently removed from his public safety employment as result of his conduct; and WHEREAS, the Governing Body has detemlined to adopt the decision and recommendations of Judge Toth, a copy of his decision being attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as follows: 1. That the charges lodged against the Borough Firefighter Eric Kjems as set forth in the Preliminary Notice of Disciplinary Action dated November 2l, 2006 are hereby sustained in accordance with the findings of Judge Toth's decision. 2. That, further in accordance with the recommendation of Judge Toth Firefighter Kjems is hereby terminated and permanently removed from his Public. 3. That the appropriate Borough Officials forthwith issue a Final Notice of Disciplinary Action (FDNA) on behalf of the Borough as the Appointing Authority, all consistent with the within Resolution. 4. That the FNDA be served upon Firefighter Kjems' by certified or registered mail and upon his legal counsel by facsimile and regular mail and be forthwith forwarded to the New Jersey Department of Personnel as directed in its decision in the matter of Eric Kjems, Borough of Carteret, Request for Interim Relief, issued September 27,2007. 9 OCl'OBER 4, 2007 Mayor Reiman asked for a motion to amend the Agenda to include Resolution #07-260. Agenda hnended Upon MMS&C by Councilmembers Rios and Diaz and unanimous affirmative vote of the five (5) Councilmembers present, the Agenda was Anlended to include Resolution #07-260. RESOLUl'ION #()7-260RESOLUTION #07-260 was introduced by the Mayor md referred to the Council for action. Upon MMS&C by Councilmember Rios and Naples RESOLUTION #07-260 'AUTORIZING AND DIRECTING THE ISSUANCE OF A FINAL NOTICE OF DISCIPLINARY ACTION REGARDING FIREFIGHTER ERIC KJEMS" Adopted was Adopted. Upon individual roll call vote Councilrilembers Bellino, Diaz, Krum, Naples and Rios voted in the Affirmative. Councilmember Sitarz was noted Absent. Public Portion Upon MMS&C by Councilmembers Kmm and Naples and unanimous affimlative vote of the five (5) Councilmembers present, the meeting was opened to the public. Mayor Reiman said there was no public comment. >ublic Portion ;losed Upon MMS&C by Councihnembers Rios and Krum and unanimous affilmative vote of the five (5) Councilmembers present, the meeting was closed to the public. 10 OCl'OBER 4, 2007 At approximately 5:25 P.M., after no further discussion, upon MMS&C by Councilmembers Rios and Ki'um and unanimous affirmative vote of the five (5) Councilmembers present, this meeting was Adjourned. ADJOURNIID Respectfully submitted, KMB/lr 11 12