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HomeMy Public PortalAbout08-04-10c A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman, Thursday, April 10, 2008, 6:00 P.M., Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Bellino " Colon " Diaz " KrUll " Naples " Sitarz Also noted present was Kathleen M. Barney, Municipal Clerk and Borough Attorney Robert Bergen. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Mayor Reiman then reminded them that under, "The Rules of Council" all cell phones, pagers or beepers are to be turned off or to be turned on silent or vibrate. He also said in addition, during the public portion for ordinances, the only public p011ion will be on the ordinances being read. Any other public portion or comment you need to sign it at the podium and that can be done prior to the public portion. He said if you have any comments or questions relative to any Agenda Item or resolution or any other item you must sign in the book at the podium and your name will be called off at the order that you sign it. I APRIL 10, 2008 COUNCIL MEETING April. 10, 2008 ROLL CALL Pl.edge of Allegiance/ Silent Prayer Mayor APRIL 10, 2008 STATEMENT OF MEETING NOTICE COMMENDATIONS Freeholder Ronald G. Rios The Clerk stated that the 200S Annual Meeting Notice was mailed to The Home News Tribune, The Star Ledger and posted on the bulletin board on December 31, 2007. The Amended Annual Notice was posted on the bulletin board on February 25, 200S and published on February 2S, 200S. a)200S CHS Girls' Bowling Team. b )Freeholder Ronald G. Rios Mayor Reiman then said the first commendation to be discussed this evening would be Freeholder Ronald Rios saying he served as our Borough Council President for many years and also served as a Councilman of the Borough of Carteret for close to twelve (12) years. He said he recently resigned as our Council President and was sworn in as a Middlesex County Freeholder representing twenty- five (25) towns and eight hundred and fifty thousand residents in Middlesex County. He then asked Freeholder Rios to come forward. Freeholder Rios said he did not have the opportunity to say good- bye, that he was appointed a Freeholder on March 6th, subsequent to his resigning on March 5th. He said it is a great step for him and Carteret and that he was very happy to serve for his fourth term in Carteret in that capacity it was a pleasure to serve with the Council and Mayor and said he owes a debt of gratitude to the citizens of Carteret for giving him the opportunity to serve on the Council and thanked them for all their help and dedication, which made his job as Councilmember and Council President easy for him. He thanked everyone. Mayor Reiman then presented Freeholder Rios with a commendation/plaque for his many years of dedication and leadership as an elected official to the Borough of Carteret. 2 APRIL 10, 2008 Mayor Reiman then said they also have commendations for the 2008 CHS Girls Bowling Team. He then asked for coach Charley Simon to come up. 2008 CHS Girls' BO\vling Team Coach Charley Simon then spoke highly of the bowling team, saying it was probably the best single year the girls team has had and spoke of all the tournaments they won. He also commended a senior, Jen Daunno, who for the second year in a row was only one (I) of five (5) girls selected for All State. Mayor Reiman and Councilmember Naples then presented commendations to the following girls and coaches: Emilie Banz Vanessa Bousquet Alexis Colon Jennifer Daunno Kelly Daunno Erin Gilrane Alexis Greco Amanda Kertesz Danielle Larsen Kelly Kurdyla Jackie Schlegel Felicia Soler Coach Charles Simon Coach Len Masse The coaches also congratulated the parents for all their help. Public Hearing: 200S Local Municipal Budget. 2008 Local Municipal Budget Ron Gardner was present from our auditor, Hodulik and Morrison. He said they had the Public Hearing on the 200S Budget this evening. He said the budget is on holding pattem as the Borough has put forth an application for extraordinary aid. We have had to 3 APRIL 10, 2008 Publ ic Hearing Cont: Public Hearing Closed PUBLIC PORTIONS ON RESOLUTIONS/ AGENDA ITEMS AND NEW BUSINESS notify the state at this time and according to statutory calendar we would hold the Public Hearing to detem1ine any further action. Upon MMS&C by Councilmembers Diaz and Naples and unanimous affim1ative vote of the full Council present the Public Hearing on the 200S Local Municipal Budget was open. Mayor Reiman said we were now open on the 200S Local Municipal Budget and said, as the Auditor mentioned, the Budget is on a holding pattern waiting for the detennination of State Municipal Aid as well as Discretionary Aid and FOlTImla Funding. He then asked if there were any questions or comments on the CU1l'ent introduced 200S Municipal Budget. There were no questions or comments fi'om the public. Upon MMS&C by Councilmembers Krum and Naples and unanimous affilTI1ative vote of the full Council present, the Public Hearing on the 200S Local Municipal Budget was closed. Public P011ions on Resolutions/Agenda Items and New Business: Mayor Reiman then said this would be the opportunity for anyone to have any comments, questions or input on any agenda item, resolutions or any new business and that specific ordinances are listed and we will hold public hearings on those listed ordinances. Mayor Reiman then asked the Municipal Clerk to pull the book and -read off the first name and reminded everyone that public input and questions are limited to three (3) minutes, per person, per topic, per issue on any particular item. The first name called was Al Such. 4 APRIL 10, 2008 Al Such then came fOlward and stated his name and asked ifthere was any progress on the eminent domain on his property in West Ca11eret. He stated that his family has been in Carteret for a hundred years and paid taxes and commented that his rights have been taken away. Al Such Mayor Reiman told Mr. Such that they have had several meetings and there has never been a threat of eminent domain, that the Borough Council has not declared eminent domain and has not moved to condemn or acquire his property. He said a few weeks ago he met with a designated developer in his office and it is his understanding that Mr. Such's partner that is his nephew, has had several meetings with a designated developer in West Carteret and they are close to reaching an agreement. He said when they met with him and his nephew in the Council Chambers and in the Conference Room, he was inforn1ed that day, by his own family, that they have been holding negotiations and some discussions with the designated developer and told Mr. Such that he or his family should have more infOlmation than we do in terms of the ongoing negotiations for that property. He said the area is in a redevelopment zone, there is a designated developer and the first phase is under contract to be developed and the designated developer has reached an agreement with all of the property owners in question and has made several offers and told him, as he knew, when they met a few weeks ago in City Hall and had some discussion with the designated developer, the Borough doesn't get involved in negotiations until the person and the developer come to us and reached an impasse and at the moment the developer has not requested or suggested any condemnation or eminent domain on the property. Mr. Such said he wants a report on progress and it keeps getting put off. He said it is. very severe financially for him and told the Mayor he is under his control and that he could not get into his office and so he comes to Council Meetings to find out about the progress. Mayor Reiman told him his nephew, his partner, has been meeting with the designated developer and suggested he have a family 5 APRIL 10, 2008 Al Such Cont: Mark Abramson meeting with him. He told Mr. Such that when he came to his office he told him he hadn't found out any information and then they found out that his nephew and the designated developer, Mr. Sitar, has had several discussions on that. He said we have also asked that he do an appraisal and said that the City Council authorize an appraisal and review the property and review the designation and take it from there. He said they also have asked the Redevelopment Agency to get involved in that and nothing else has happened. He thanked him but told him his time expired. Mr. Such said he still did not get an answer and Mayor Reiman then repeated for him to speak to his family about this. Mayor Reiman told Mr. Such, ifhe wanted, he would continue this conversation after the meeting and that he would always make himself available to him. The Municipal Clerk then read off the name of the next speaker, Mark Abramson Mayor Reiman reminded Mr. Abramson he was limited to three (3) minutes and would need his name and address for the record. Marc Abramson then gave his name and address and said he represents PBA Local 47 and 47A. He said he was taking this opportunity to let the mayor know where they are at and why he thinks he would ask him to intercede and get this matter solved. He explained that Interest Arbitration would cost the Borough a lot of money and has heard things are tight and commented that they are tight all over. He said they did offer an olive branch to get this resolved, with the respect to the insurance, it was a compromise in the insurance area that would provide the Borough with a give back of some sort and it was dismissed and rejected and is somewhat concemed as to why that occul1'ed. He mentioned that Mr. Bergen would know about it because he was at the meeting. 6 APRIL 10, 2008 Attomey Bergen told Mr. Abramson that he was making representation, that he was going to object to, because they would not engage in negotiations. . . . . ... Mark Abramson Cont: Attorney Bergen was then inte11'upted by Mr. Abramson and he let him speak. Mr. Abramson then suggested to the Mayor that he contact the PBA and seek an opportunity for them to meet and try to resolve this matter. He thinks it is in the best interest of the Borough and the PBA, commenting that they are talking about a small family here and they don't need to have this thing mushroom into anything bigger than it is. Mayor Reiman reminded Mr. Abramson that at the first meeting he said to him and to the negotiating team representing the Borough, that he requested the Borough waive the three (3) minute rule, because they will never be able to agree with the city and he quotes and he requested to file for arbitration immediately and said there was no need to have three (3) additional negotiation meetings, that he wanted to immediately file for arbitration because the police couldn't agree, not necessarily among their own unions and certainly couldn't agree with the Borough's proposal. Mr. Abramson said that was because the Borough was unwilling to move. Mayor Reiman told him they had never negotiated, they exchanged proposals and there were no negotiations. He told him he came in and said we can't agree with this. We don't think we will ever be able to negotiate it. There are people in the union that think we need a negotiator to decide it, so he asked that the Borough waive the three (3) minute rule and although he told him he thought they could sit down, as gentlemen and professionals, and we could agree to disagree and yet reach a compromise that protects the integrity of the health insurance and salaries for the police and protects the interest of the tax payers of the Borough and he took the position that it could not occur. 7 APRIL 10, 2008 Mark Abramson Cont: Steven Hunter Mr. Abramson said he has one understanding and memory and he has a different one. He said he would like to also indicate we have met at least three (3) or four (4) times, in a mediation capacity, where at one point, without the arbitrator and then with the arbitrator functioning as a mediator and they were somewhat disappointed and so was the PBA that he was not in attendance so that they could resolve these things. He went on to say what happened is it came back that they had to talk to the Mayor and then it died, so he is asking the Mayor to intercede now and told him if he doesn't it is okay because they are going to go with interest arbitration. Mayor Reiman then thanked Mr. Abramson and told him his time was up. He told him they have filed for interest arbitration and they await the arbitrator's decision. He said they are always more than willing to sit down and come to some sort of agreement or settlement on it and said his office and he stands ready to negotiate or to continue negotiating. He said, however, he filed the interest arbitration and said he didn't necessarily know the procedure and asked if once he files for it would we be allowed to therefore ignore the continued mediation and arbitration and have independent meetings. He commented they would have to look into that. Mr. Abramson said they could and then thanked them and once again told them that they are available, but, if there is not going to be any movement on the part of the Borough they have no interest. The Municipal Clerk, Kathleen M. Bamey, then read off the name of the next speaker, Steven Hunter. Steven Hunter then spoke. He said his name and that he was fi'om Ocean Township and said he represents twenty-seven (27) Carteret police retirees. He said there is ongoing litigation concerning substantial (inaudible) in their health insurance packages. He has been involved in discussions with the labor attomey in as recently as a few hours ago, he spoke to Mr. Bergen about this. He said they are involved in a situation that he believes can easily be 8 solved. He said they are talking about officers who rendered twenty-five (25), thirty (30) and sometimes thirty-five (35) years of service. As of November I, 2006, there health benefits were reduced substantially, not just minimal changes in prescriptions and co-pays but co-insurance obligations for the first time got the most increased prescription co-payments. They have sought in the past year to reach a compromise on behalf of these individuals who dedicated their lives to the service of this community and are seeking the Mayor's involvement in resolving it and said again that it can be easily resolved in the restoration of the health insurance benefits as they existed prior to November 1, 2006. He said there will be commitment on the part of the retirees to (inaudible) bound by any changes, if any, that are awarded as part of interest arbitration, or if it is a settlement, they would also sit down and discuss what the reimbursement would be owed to certain individuals who lost money as a result of this unilateral change. He said he has represented a lot of PBA's and Firefighter Unions throughout New Jersey and there are instances which retirees benefits have been modified, however, only in those instances they were modified as a result of an interest arbitration that changed the benefits for active employees and commented that only in the Borough of Carteret, are retiree benefits for police officers reduced, while the benefits that were in effect prior to November 1, 2006, remain for active police officers. He said they are asking for admirable treatment and he believes if they sat down tomol1'0w, tonight, they could resolve this and honor the service of these twenty-seven (27) retirees. Mayor Reiman thanked him and told him his comments were noted for the record. He said obviously the matters discussed tonight are in the middle of negotiations and in some instances arbitration and in all of the instances the actions filed have not been by the municipality, but by the labor leaders and or instances the unions representing some employees and in some instances were also filed individually against the Borough by retirees. He said the retirees have the same health benefits packages that management and supervisors of the Borough today cU11'ently have and have the same retirement benefits as all retired employees ofthe Borough of Carteret. As an example the Borough spends, on a family APRIL 10, 2008 Steven Hunter Cont: 9 APRIL 10, 2008 Steven Hunter Cont: Michael Materazzo coverage, $23,000.00 per family, which is four (4) times more than the average taxpayer spends on their health insurance and an employee and an officer that retires at the age of 52 can expect to have medical benefits funded by the taxpayers of Carteret to the tune of 1.7 million dollars over their retirement. He said no benefits were eliminated, but what happened is the prescription co- pay has gone from $5.00 to $10.00, a premium prescription went from $10.00 to $15.00 and certain employees were asked to pay, when they visited a specialist, a $25.00 or $30.00, instead of $10.00 fee or $15.00 for a General Practitioner and that they are the same benefits that all retirees, management, non-union and supervisory staff in the Borough have. He said it is the same PPO plan he introduced a few years ago and is trying to move all employees into and said the difficulties that they have is when there is 214 individual members, in various unions, participating in a health insurance program but then have four (4), five (5) or six (6) different health plans. The Borough taxpayer never received the biggest bang for their buck, but ce11ainly rest a sure that the plan that was offered was still considered a premium plan and much better than anything out there in the private sector. Michael Materazzo, 73 Edward Street, Carteret, New Jersey, cU11'ently a Police Officer for the last thirty-seven (37) years, then came forward to speak. He said he has two (2) letters and one that he has acknowledge receipt of. One on behalf of PBA Local 47 that was signed by Brian Mickley and forwarded to Jerome Mitchell and was subsequently delivered by himself to Patrick De Blasio. He then read the letter into the record: Dear Sir: As per your reques, the amount of funds available in the P .B.A. Off Duty Account is $19,854.43. Due to the excessive amount of funds, my suggestion at this time would be to withdraw $14,000.00, leaving $5,864.43 in the account as a buffer. If you have any questions, please contact me. Sincerely, Brian Mickley Off Duty Coordinator 10 APRIL 10, 2008 Mr. Materazzo then said that letter was on September 14, 2007 and he wrote a letter on December 13, 2007, to Attomey Bergen. He said he sat down and had a discussion with him and said he wouldn't repeat it, but he wanted to deliver it and he commented not to forget the letter that Brian Mickley sent and said as of that date they still have not received or heard anything about the monies. He went on to say that the last time they took monies from this account the Council signed purchase orders for the amount of $5000.00. He said they contribute $10.00 to this account per job, per employee. He explained as the money goes up they like to take it out and put it in to our account and we use the money for equipment, computers, materials, billing, for paying our people that do the off duty work. It is used for paying the (inaudible). He then requested at this time to accept these letters and have the Council act on it and approve us for the $14,000.00 they are asking for. Materazzo Cont;: Mayor Reiman told him to hand the letters into the Borough Clerk and she will stamp them in and circulate them to the Council. He then told Detective Materazzo that the issue had been discussed with legal counsel and he asked that he have his legal counsel prepare a letter outlining how exactly the Borough can turn over those funds, because he told Detective Matterazzo, as he knows those funds are not Borough funds, they are not taxpayer dollars, they are funds that they accumulated based on the officers working off duty work and put into a special fund, which has been used to compensate the person handling the scheduling, as well as other off duty items, vest, hats etc., that they have used in the past. He went on to explain that the request in the past was to turn those dollars over to the PBA and certain members that also worked off duty are not in the PBA, they are perhaps in the SOA or FOP, so they would have to explain to our legal staff as to how legally they can subtract dollars or deduct dollars from a officers off duty work and then turn it over to the union, separate and apa11 from union dues. He said once that is settled they have no issue in releasing those monies but they want to make ce11ain and be sure that the Borough doesn't tUl11 over dollars to a union that has to do with dollars that were raised in two (2) or three (3) different unions. 11 APRIL 10, 2008 Materazzo Cont: ORDINANCE #08-11 "Amending & Supplementing Article VI Entitled "'Fees' of Chapter 160, Land Development" First Reading ORDINANCE #08-12 "Amending & Supplementing Chapter 109, Entitled 'Uniform Construction Codes', Re: Fees" Officer Materazzo said the last time they withdrew funds they deposited it into a separate account in the PBA account and it was in the event that we had to represent any FOP in contract matters which will also cover our FOP. We are bound to go to them as pal1 of the unit and that was satisfactory with their attol11ey. Mayor Reiman told him if he has that to forward it over to our legal counsel and as long as it is signed off by the PBA, SOA and FOP he wouldn't have any objection to it and said our legal counsel will review it. Upon MMS&C by Councilmembers Diaz and Naples and unanimous affirmative vote of the full Council present the public portion of this meeting was Closed. First Reading- ORDINANCE #08-11 was introduced and adopted on First Reading and the Clerk authorized and directed to adve11ise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Krum and Naples. Upon individual roll can vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-11 "AMENDING AND SUPPLEMENTING ARTICLE VI ENTITLED, 'FEES' OF CHAPTER 160. LAND DEVELOPMENT" ORDINANCE #08-12 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Diaz and Naples. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. 12 APRIL 10, 2008 ORDINANCE #08-12 "AMENDING AND SUPPLEMENTING CHAPTER 109, ENTITLED 'UNIFORM CONSTRUCTION CODES', RE: FEES" ORDINANCE #08-12 First Reading ORDINANCE #08-13 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Krum and Sitarz. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-13 "Re: Limited Parking IVashington Ave." ORDINANCE #08-13 "AMENDING ARTICLE I, TRAFFIC AND P ARK1NG REGULATIONS, OF CHAPTER 254 ENTITLED 'VEHICLES AND TRAFFIC' OF THE CODE, RE: LIMITED PARK1NG- WASHINGTON AVENUE" First Reading ORDINANCE #08-14 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Bellino and Diaz. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-14 "Amending Chapter 247,. Entitled "Trees & Shrubs" ORDINANCE #08-14 "AMENDING CODE, CHAPTER 247, ENTITLED "TREES AND SHRUBS" First Reading ORDINANCE #08-15 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers KTIlm and Bellino. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-15 "Operating Exterior Lights During Certain Periods" 13 APRIL 10, 2008 ORDINANC# #08-15 First Reading ORDINANCE #08-16 "Establishing Administrative Fee For Professionals" First Reading ORDINANCE #08-17 "Establishing Bi lIing for In-House Staff" First Reading ORDINANCE #08-18 "T . . ~lcenslng Procedures of the Code, Re: Investigation of Applicants" First Reading ORDINANCE #08-15 "REQUIRING COMMERCIAL AND RETAIL PROPERTIES TO MAINTAIN OPERATING EXTERIOR LIGHTS DURING CERTAIN PERIODS" ORDINANCE #08-16 was introduced and adopted on First Reading and the Clerk authorized and directed to adve11ise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Kmm and Bellino. Upon individual roll cal vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-16 "ESTABLISHING ADMINISTRATNE FEE FOR PROFESSIONALS" ORDINANCE #08-17 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Sitarz and Kmm. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-17 "ESTABLISHING BILLING FOR IN-HOUSE STAFF" ORDINANCE #08-18 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Sitarz and Krum. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krurn, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-18 "AMENDING CHAPTER 164, 'lICENSING PROCEDURES' OF THE CODE, RE: INVESTIGATION OF APPLICANTS" 14 APRIL 10, 2008 ORDINANCE #08-19 was introduced and adopted on First Reading and the Clerk authorized and directed to adve11ise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Sitarz and Naples. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-19 "Amending Code- User Charge System" ORDINANCE #08-19 "AMENDING CODE-USER CHARGE SYSTEM" First Reading Councilmember Krum questioned before his vote, if the Sewer User Charge will be staying the same otgoing up. . Mayor Reiman explained that this is the increase on the sewer user fee and that every year by statute the auditors do a accounting of these fees and typically what happens is the residential rate stays the same or goes down and the commercial/industrial rates, based upon their heavy flows, heavy users is picked up, so they are waiting on the final report which we will have prior to the passage of this ordinance. ORDINANCE #08-20 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 24, 2008, upon MMS&C by Councilmembers Krum and Naples. Upon individual roll call vote .Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. ORDINANCE #08-20 "Amending Code, Chapter 71, Re: Hotel/Motel License" ORDINANCE #08-20 "AN ORDINANCE AMENDING ARTICLE I, "LICENSING REGULATIONS", OF CHAPTER 71, ENTITLED ALCOHOLIC BEVERAGES OF THE CODE OF THE BOROUGH OF CARTERET" First Reading 15 APRIL 10, 2008 ORDINANCE #08-06 "Alcoholic Beverages, Re: Fees" PUBLIC HEARING HEARING CLOSED Adopted Public Hearing- The Assistant Clerk stated that Ordinance #08-06 was introduced and passed upon First Reading at an Agenda Meeting of the Borough Council of the Borough of Carteret held on February 7, 2008. It was duly published in The Home News Tribune on March 8, 2008, with notice that it will be considered for final passage after Public Hearing to be held on April 10, 2008 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. Upon MMS&C by Councilmembers Sitarz and Diaz and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open. There were no comments fi'om the public. 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 Naples and unanimous affirmative vote of the full Council present. Upon MMS&C by Councilmembers Sitarz and Diaz ORDINANCE #08-06 "AN ORDINANCE AMENDING ARTICLE I, "LICENSING REGULATIONS", OF CHAPTER 71 ENTITLED ALOCHOLIC BEVERAGES OF THE BOROUGH OF CARTERET" were Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: APRIL 10, 2008 INTRODUCED: FEBRUARY 7, 2008 Adve11ised as Adopted on First Reading 16 APRIL 10, 2008 With Notice of Public Hearing: MARCH 8, 2008 Hearing Held: APRIL 10, 2008 Approved By: MAYOR DANIEL 1. REIMAN Advertised as Finally Adopted: APRIL 17, 2008 Public Hearing- The Assistant Clerk stated that Ordinance #08-07 was introduced and passed upon First Reading at an Agenda Meeting of the Borough Council of the Borough of Carteret held on February 7, 2008. It was duly published in The Home News Tribune on March 8, 2008, with notice that it will be considered for final passage after Public Hearing to be held on April 10, 2008 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. ORDINANCE #08-07 "'Fire Prevention Re: Charges for Response" Upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affilmative vote of the full Council present the Mayor declared the Public Hearing to be open. PUBLIC HEARING Councilmember Bellino asked if any senior citizens are waived in reference to this ordinance. Mayor Reiman explained that it is similar to the CUl1'ent Emergency Services billing for the EMT and :Fire Department to the extent that the homeowners insurance or automobile insurance cover the fees. Then we accept the fees paid unto the extent that it is a Borough resident all or if any fees will be waived. There being no fm1her comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS&C by Councilmembers Sitarz and Naples and unanimous affilmative vote ofthe full Council present. HEARING CLOSED Upon MMS&C by Councilmember Sitarz and Diallc . 17 APRIL 10, 2008 Ordinance #08-07 Adopted ORDINANCE #08-09 "Exceed the Municipal Budget Appropriation Limits and to establish a CAP Bank" PUBLIC HEARING ORDINANCE #08-07 "ORDINANCE AMENDING CHAPTER 128, "FIRE PREVENTION" OF THE CODE OF THE BOROUGH OF CARTERET" was finally Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Ktum, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: APRIL 10.2008 INTRODUCED: FEBRUARY 7. 2008 Advertised as Adopted on First Reading With Notice of Public Hearing: MARCH 8. 2008 Hearing Held: APRIL 10. 2008 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: APRIL 17,2008 The Clerk stated that Ordinance #08-09 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on March 6, 2008. It was duly published in The Home News Tribune on March 14, 2008, with notice that it will be considered for final passage after Public Hearing to be held on April 10, 2008 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. Upon MMS&C by Councilmembers Diaz and Naples and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open. There were no comments from the public. 18 APRIL 10, 2008 There being no comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS&C by Councilmembers Diaz and KlUm and unanimous affirmative vote ofthe full Council present. Ordinance #08-09 Upon MMS&C by Councilmembers Sitarz and Diaz ORDINANCE #08-09 BOROUGH OF CARTERET COUNTY OF MIDDLESEX NEW JERSEY CALENDAR YEAR 2008 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45:14) was finally Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. Adopted' APPROVED AND ADOPTED: APRIL 10,2008 INTRODUCED: MARCH 6. 2008 Advertised as Adopted on First Reading With Notice of Public Hearing: MARCH 14,2008 Hearing Held: APRIL 10,2008 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: APRIL 17,2008 The Clerk stated that Ordinance #08-10 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on March 6, 2008. It was duly published in The Home News Tribune on March 26, 2008, with ORDINANCE #08-10 "Amending and Supplementi.ng Chapter 202, Entitled . Recycl i.ng'" 19 APRIL 10, 2008 ORDINANCE #08-10 Cont: PUBLIC HEARING HEARING CLOSED Adopted notice that it will be considered for final passage after Public Hearing to be held on April 10, 2008 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. Upon MMS&C by Councilmembers Sitarz and Diaz and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open. There were no comments from the public. There being no further comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS&C by Councilmembers Sitarz and Naples and unanimous affirmative vote of the full Council present. Upon MMS&C by Councilmembers Sitarz and Diaz ORDINANCE #08-10 "AMENDING & SUPPLEMENTING CHAPTER 202, ENTITLED "RECYCLING" OF THE CODE OF THE BOROUGH OF CARTERET" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Kmm, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: APRIL 10, 2008 INTRODUCED: MARCH 6, 2008 Advertised as Adopted on First Reading With Notice of Public Hearing: MARCH 26, 2008 Hearing Held: APRIL 10. 2008 Approved By: MAYORDANlEL J. REIMAN Adve11ised as Finally Adopted: APRIL 17, 2008 Mayor Reiman then asked if there was any question fi'om the Council on Resolutions #08-80 thru #08-104 and there were not questions fi'om the Council. 20 Mayor Reiman then asked for a motion on the Consent Agenda but also noted that #08-99 is listed but by statute it is a direct Mayoral appointment but he looked forward to have the Council concur on that. Resolutions #08-80 thru #08-104 were introduced by the Mayor and refel1'ed to the Council for action. Upon MMS&C by Councilmembers Sitarz and Naples RESOLUTION #08-80 "DIRECTING THE ISSUANCE OF A RAFFLE LICENST TO MAYOR DANIEL J. REIMANS CHILDREN CHARITY TRUST FUND, SPECIAL OLYMPICS NEW JERSEY, INCORPORATED AND ST. JOSEPH RC CHURCH" RESOLUTION #08-81 "AUTHORIZING AN INCREASE IN THE RENTAL FEE FOR THE COMMUNITY CENTER" RESOLUTION #08-82 "APPROVING PROFESSIONAL SERVICES CONTRACT- GENOVA BURNS & VERNOIA" RESOLUTION #08-83 "AUTHORIZING APPLICATION TO HDSRF FOR MUNICIPAL GRANT PROGRAM, RE: CARTERET DISCOUNT AUTO PARTS" RESOLUTION #08-84 "APPROVING CHANGE ORDER #2 & FINAL 2007 ROAD IMPROVEMENT PROGRAM" RESOLUTION #08-85 "AUTHORIZING UEZ ADMINISTRATION BUDGET FOR FY 2009" 21 APRIL 10, 2008 Consent Agenda RESOLUTION #08-80 "Issuance of Various Raffle Licenses" RESOLUTION #08-81 "Increase in Rental Fee for . C t " Communlty en er RESOLUTION #08-82 "Professional Services, Genova burns & Vernoia" RESOLUTION #08-83 "Muni.cipal Grant P " . rogram RESOLUTION #08-84 "Change Order #2, Re: 2007 Road Program" RESOLUTION #08-85 "UEZ Administration Budget for FY 2009" APRIL 10, 2008 RESOLUTION #08-86 ~ESOLUTION #08-86 "AUTHORIZING AMENDMENT TO THE 2008 TEMPORARY Amendment to 2008 BUDGET" Temporary Budget" RESOLUTION #08-87 "'Amending Resolution #08-74" RESOLUTION #08~88 "Approving ABC Transfer from Nardan Inc. to Borough of Carteret" RESOLUTION #08-89 "Opposing S-770 and A-1645" RESOLUTION #08-90 "Professional Services-Eric J. Marcy, Esq" Re: Legal Defense, PO \veaver" RESOLUTION #()8-87 "RESOLUTION OF THE BOROUGH OF CARTERET AMENDING AND SUPPLEMENTING RESOLUTION NO. 08- 47 ENTITLED "RESOLUTION OF THE BOROUGH OF CARTERET CONDITIONALLY DESIGNATING BAKER PROPERTIES, LP AS THE REDEVELOPER FOR THE PROPERTY KNOWN AS TAX BLOCK 40.02 LOT 2 LOCATED WITHIN THE FEDERAL BOULEV ARD REDEVELOPMENT AREA AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PRE-DEVELOPMENT AGREEMENT" RESOLUTION #08-88 "AUTHORIZING THE TRANSFER OF ABC LICENSE #1201- 33-038-003 FROM NARDAN, INC. TO THE BOROUGH OF CARTERET/BOROUGH OF CARTERET REDEVELOPMENT AGENCY" RESOLUTION #08-89 "RESOLUTION OPPOSING S-770 AND A-1645 MANDATING THE APPOINTMENT OF A QUALIFIED PURCHASING AGENT AND THE ATTENDANT REORGANIZATION OF THE BOROUGH OF CARTERET PURCHASING FUNCTIONS" RESOLUTION #08-90 "PROFESSIONAL SERVICES CONTRACT WITH ERIC J. MARCY, ESQ./ P AUL WEAVER" 22 APRIL 10, 2008 RESOLUTION #08-91 "AUTHORIZING EXECUTION OF STIPULATION MEMORIALIZING TAX SETTLEMENT" RESOLUTION #08-91 "Execution of Stipulation Memorializing Tax Settlement" RESOLUTION #08-92 "Various Amusement Game Distributor's License" RESOLUTION #08-92 "RESOLUTION AUTHORIZING THE ISSUANCE OF AMUSEMENT GAMES DISTRIBUTOR'S LICENSE FOR THE YEAR 2008" RESOLUTION #08-93 "RESOLUTION AUTHORIZING THE ISSUANCE OF AMUSEMENT DEVICE LICENSES" RESOLUTION #08-93 "Amusement Device Licenses" RESOLUTION #08-94 "APPOINTING REPRESENTATNES TO SERVE ON THE HUMAN RELATIONS COMMITTEE" RESOLUTION #08-94 "Student Advisory Members to Human Relations Committee" RESOLUTION #08-95 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" RESODUTION #08-95 "Refund of Tax and/or Sewer Fees Overpayment" RESOLUTION #08-96 "RESOLUTION OF THE BOROUGH OF CARTERET AMENDING AND SUPPLEMENTING RESOLUTION NO. 08- 47 ENTITLED "RESOLUTION OF THE BOROUGH OF CARTERET CONDITIIONALL Y DESIGNATING BAKER PROPERTIES, LP AS THE REDEVELOPER FOR THE PROPERTY KNOWN AS TAX BLOCK 49.02, LOT 2 LOCATED WITHIN THE FEDERAL BOULEVARD REDEVELOPMENT AREA AND AUTHORIZING THE EXECUTION AND DELNERY OF A PRE-DEVELOPMENT AGREEMENT' RESOLUTION #08-96 "Extending Baker Properties" 23 APRIL 10, 2008 RESOLUTION #08-97 Kinder Morgan Area as Area in Need':of Redevelopment" RESOLUTION #08-98 "Verizon Business Network Services, Inc. as an Area in Need of Redevelopment" RESOLUTION #08-99 "Appointing Members to ("BDA") Steering Committee" RESOLUTION #08-100 "Opposing Senate Bill 1144" RESOLUTION #08-101 "0 . S pposlng enate Bill 1146" RESOLUTION #08-102 "ABC Transfer from Simon S. Haddad Inc. to Michael Kaplan" RESOLUTION #08-97 "RESOLUTION OF THE BOROUGH OF CARTERET DECLARING THE KINDER MORGAN IMPROVEMENT AREA AS AN AREA IN NEED OF REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-l ET SEQ." RESOLUTION #08-98 "RESOLUTION OF THE BOROUGH OF CAR TERET DESIGNATING VERIZONBUSINESS NETWORK SERVICES INC. AS REDEVELOPER OF A PORTION OF THE FEDERAL BOULEVARD REDEVELOPMENT AREA AND AUTHORIZING THE EXECUTION AND DELIVERY OF A REDEVELOPMENT AGREEMENT" RESOLUTION #08-99 "APPOINTING MEMBERS TO THE CHROME WATERFRONT BROWNFIELD DEVELOPMENT AREA ("BDA") STEERING COMMITTEE" RESOLUTION #08-100 "OPPOSING SENATE BILL 1144" (Not yet received from the Attorney) RESOLUTION #08-101 "OPPOSING SENATE BILL 1146" (Not yet received from the Attol11ey) RESOLUTION #08-102 "APPROVING ABC TRANSFER OF LICENSE #1201-33-044- 004 FROM SIMON S. HADDAD, INC. TO MICHAEL KAPLAN" 24 APRIL 10, 2008 RESOLUTION #08-103 "RESOLUTION AUTHORIZING SMART FUTURE PLANNING GRANT FOR COMMUNITY VISIONING" RESOLUTION #08-10: "Authol:izing Smart Future Planning Grant" RESOLUTION #08-104 "AMENDING RESOLUTION #03-209 FIXING THE SEWER UTILITY CONNECTION FEE" RESOLUTION #08-10L "Fixing the Smver Uti Ii ty Connection Fee" were Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. wel:e Adopted 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, Colon, Diaz, Krull1, Naples and Sitarz voted in the Affirmative. PAYMENT OF BILLS The Clerk stated that she was in receipt of an Application from ABC License Transfer-Atmiya Liquors, Inc. (Discount Liquors) to Wine Zone of Carteret, Inc. Upon MMS&C by Councilmembers Diaz and Krum and unanimous affirmative vote of the full Council present, it was ordered to be approved. APPLICATIONS Mayor Reiman asked for this application to be sent over to Mr. Slavin's office as well as all appropriate authorities for review and they will take action when it comes back. Carteret Planning Board-Resolution of Pin dings and Conclusions: a) Recommending that a p011ion of Romanowski Street be included in the Study Area and Designated an Area in Need of Redevelopment-Cooke Avenue Redevelopment Plan. COMMUNICATIONS 25 APRIL 10, 2008 COMMUNICATIONS Cont: REPORTS COMMITTEES b) Recommending that the entire Romanowski Street right-of- way be included in the Study Area as an Area in Need of Redevelopment-Cooke Avenue Redevelopment Area. c) Recommending the adoption of the proposed Cooke Avenue Scattered Site Redevelopment Plan and the Revision to include a portion of Romanowski Street. d) Recommending that five (5) lots be designated as Area in Need of Redevelopment- Kinder Morgan Redevelopment Area. The Clerk stated that she was in receipt of a Communications from the Carteret Planning Board-Resolution of Findings and Conclusions #a,#b,#c and #d. Upon MMS&C by Councilmembers Diaz and KTIlm and unanimous affirmative vote of the full Council present, they were ordered to be received and placed on file. Depa11ments=- Board of Health/Office on Aging-February 2008. Clerk's Office - March 2008. Inspection of Buildings-February & March 2008. Upon MMS&C by Councilmembers Sitarz and Diaz and unanimous affirmative vote of the full Council present, all reports were ordered to be received and placed on file. BUILDINGS & GROUNDS - Committee Chairperson Naples rep011ed that the heaters that needed repair in the Sports and Recreation Center have been repaired and are operational. This depa11ment just replaced and cleaned out a grease trap with a $3500.00 cost savings to the Borough. FINANCE & ADMINISTRATION - Committee Chairperson Diaz rep011ed that the sewer payments were due on March 15th and there 26 APRIL 10, 2008 is a thirty (30) day grace period to April 15th. Delinquent Notices will be mailed out on April 16th and Post Annual Tax Statements for those Seniors and Veterans who qualify for that deduction and they are due back as soon as possible. He went on to say that notices have been sent to all our employees for an opt-out health insurance plan. He said this evening we had a Public Hearing on the Municipal Budget and again it is somewhat postponed until the State has given us a response to our Discretionary Aid Applications and once that is determined then the Council can approve the Budget for 2008. He then said about a year and a half ago they moved onto an online requisition system and all departments are now doing their requisitions online. Progress. COMMITTEES Cont: FIRE & DOMESTIC PREPARDNESS-PARKS, RECREATION & PUBLIC PROPERTY-Committee Chairperson Krum reported on April 26th they have their Valor Awards. He said Captain Bonner and Daniel Biel are the recipients. He went on to say they changed the flow chart in the Fire Department a couple of months ago and the monthly meetings of the Volunteer Fire Department and Career Fire Department are together and training is now together under one person and they working hard to get young children coming out of High School or College to be interested in one ofthe Fire Departments. Progress. PARKS, RECREATION & PUBLIC PROPERTY- Committee Chairperson Bellino reported the baseball season has started and on Sunday they will dedicate the field and there will be a parade that will start at Carteret Avenue and end up by the Borough Hall. He also reported because of the weather change a lot of outside work will be going on. Progress. POLICE - Committee Chairperson Sitarz said they have received a new umnarked police car explaining there are two (2) unmarked police cars patrolling the streets and doing radar. Progress. BOARD OF EDUCATION - Committee Chairperson Naples reported that the schools will be closed fi'om April 14th through April 18th for Spring Break. She said the Senior Class asked her to 27 APRIL 10, 2008 COMMITTEES Cont: MAYOR announce their fundraising eff011s to fund Proj ect Graduation, which is an alcohol free celebration and they will be having a movie night at the High School for High School students on April 26th and a Burger Express Day and will be working in conjunction with the owner of Burger Express at the Knights of Columbus on High Street and on April 25th there will be a movie night for Elementary School students at the High School Auditorium at 6:00 P.M. MAYOR- Mayor Reiman then said that prior to the next meeting he will propose and will be reviewing and discussing the re-organization of the Council Committees. He then welcomed, to the formal meeting, the newest Councilmember Iris Colon and explained to her that she doesn't share a committee, but by the next meeting they will have them re-organized. He said it is a proposal that the Council President will serve on every committee and they will reduce the number of committees from six (6) to five (5) by merging Public Works, Parks and Recreation under the Department of Engineering, by Administrative Directive, under codified Municipal Ordinance explaining it makes sense economically and for efficiency reasons, to have the Directors of Public Works and Parks report directly to the Director of Engineering because most of the projects have to do with Capital Improvements, construction projects, pavement projects, streets and roads projects, etc., which are all reviewed and overseen by the Engineering Department anyway, saying to that extent they will have to modify three (3) of their existing committees and reduce one of those and substitute with five (5) committees and have, as part of the proposal the Council President, to serve on all the committees, but share not one particular committee. He explained it was open for discussion and hopefully will have something in writing for the next meeting. Mayor Reiman then asked Councilmember Colon if she would like to say anything. 28 APRIL 10, 2008 Councilmember Colon thanked the committee for choosing her to be there and said it is an honor to serve the people of Carteret. MAYOR Cont: Councilmember Krum then said he would probably not be present at the next meeting because his wife would be going for a knee replacement. Mayor Reiman said she would be in their thoughts and prayers. Mayor Reiman said this meeting was certainly the first of his kind, that the police officers attempted to have open negotiations during a public Council Meeting and as was pointed out and they readily admitted, there is an impass, explaining that they are at an impass because they made a presentation to Police Union and they made a presentation to us and at the point in time that they exchanged proposals they said they could not agree among themselves and with the Borough's position. He went on to say they would have to pay $10.00 for a prescription and $15.00 and $25.00 for doctors visits. He said the health care costs for a police officer is now $23,000.00 per year in taxpayer dollars and that no one is asking or proposing to take away health insurance from our employees or from our retirees, saying they deserve it and have eamed it. He said the police officers put their lives on the line every day, to the extent that their health insurance cost us four (4) times more than the average private sector employee and to the extent that their benefits package and salary is nearly two (2) to three (3) times more than the average resident and their retirement pension is typically 200% more than the average income for a resident of Carteret, saying that certainly something needs to be addressed. He explained to do it in Open Session does not make any sense and said at every step of the way they offered to negotiate and sit down and review their proposals and at every step of their way they have filed charges, they had complaints, they have filed unfair labor practices, they have filed with Superior C0U11 and they have filed for arbitration, saying they asked us to waive the three (3) minute mles, so they could go to arbitration, because they could never agree or sit to agree with what the Borough is offering, so they would need an arbitrator to make that mling and as the arbitration ruling comes closer they are looking to negotiate in public session, 29 APRIL 10, 2008 ADJOURNED which is something we do not do. He said, as pointed out earlier, if an officer retires at 52 or 55 they are looking at between 1.4 or 1.6 million dollars over the life of their retirement and their medical costs paid by the city of Ca11eret and in addition they are looking at between one (I) million and two (2) million dollars in pension costs paid for by the city of Ca11eret, so every police officer retiring today will cost them between three (3) and four (4) million dollars over the lifetime of that retirement. He said that is certainly something that goes to say that we ask them to pay $5.00 or $10.00 more in prescription or in health care and they object to it. Upon MMS&C by Councilmembers Sitarz and Krum and unanimous affirmative vote of the full Council present, after no fu11her discussion, this meeting was Adjourned at approximately 6:55 P.M. Respectfully su mitted, -- .". y,~ KATHLEEN M. B Municipal Clerk ~ KMB/lr 30