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Home My Public Portal About08-12-18c A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Daniel J. Reiman, Thursday, December 18, 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 Vincent Bellino " Iris Colon " Jorge Diaz " Randy Krum " Susan Naples " Joseph W. Sitarz Also noted present was Borough Attorney Robert Bergen and Assistant Municipal Clerk, Linda A. Rivera. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Please note that due to a malfunction of the tape, these minutes were transcribed solely by the notes taken by the Assistant Municipal Clerk. The Assistant Clerk stated that on December 31, 2007, the 2008 Annual Notice was published in The Home News Tribune, The Star Ledger and posted on the Bulletin Board. The Amended Annual Notice was posted on the Bulletin Board on Febmary 25, 2008 and Published on Febmary 28, 2008. 1 DECEMBER 18, 2008 rouNCIL MEEl'ING December 18, 2008 PRESENT Minute of Silent Prayer/Pledge of Allegiance Clerk's Note SfATEMENr OF MEEl'ING OOl'ICE DECEMBER 18, 2008 MINlJfES FOR APPROVAL a>>lMENDATIONS Meeting Recessed and reconvened ORDINANCE #08-38 "Pr.oviding for Alternate ~rs of the Zoning Board of Adjustment" Upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present, the Minutes of December 4, 200S were approved and transcribed and engrossed by the Assistant Clerk. COMMENDATIONS: Charles Nagy Jr. Mary Catherine Roche Barbara Ann Rosa Graciela J. Strangio Josephine Vesey Charles Nagy Jr., Mary Catherine Roche and Barbara Ann Rosa were present to receive their commendations. Mayor Reiman spoke highly of all the retirees and then presented them with each with a clock in recognition of their years of achievement and dedication to the Borough of Carteret. Mayor Reiman then asked for a thirty second recess at approximately 6:07 P.M., then the meeting was reconvened. The Assistant Clerk stated that Ordinance #OS-3S was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough of Cmieret held on October 9, 200S. It was duly published in The Home News Tribune on December 2, 200S with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S at 2 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 affinnative vote of the full Council present, the Mayor declared the Public Hearing to be opened. 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 Sitarz and unanimous affirmative vote of the full Council present. Upon MMS&C by Councilmembers Sitarz and Diaz ORDINANCE #08-38 "AN ORDINANCE PROVIDING FOR AL TERNA TE MEMBERS OF THE ZONING BOARD OF ADJUSTMENT" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affilmative. APPROVED AND ADOPTED: DECEMBER 18,2008 INTRODUCED: OCTOBER 9, 2008 Advertised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER 2,2008 Hearing Held: DECEMBER 18, 2008 Approved By: MAYOR DANIEL J. REIMAN Adveliised as Finally Adopted: DECEMBER 27.2008 3 DECEMBER 18, 2008 ORDINANCE #08-38 Cont: Public Hearing Hearing Closed Adopted DECI'NBER 18, 2008 ORDINANCE #08-38 (a) The Assistant Clerk stated that Ordinance #08-38 (a) was "Amending Ordinance introduced and adopted on First Reading at an Agenda Meeting of #07-09 Adopted July the Borough Council of the Borough of Carteret held on November 12, 2008, Securing 6, 2008. It was duly published in The Home News Tribune on O~ndsl' oJ? Other ed December 5, 2008 with notice that it will be considered for final 'U 19atlons Issu ft bl' . b h Id b 1 0 . A rd . th th passage a er Pu lC Hearmg to e e on Decem er 8, 20 8 at ~~ov~on~~ :e e approximately 6:00 P.M. The Ordinance was posted on the bulletin Redevelopnent Area" board and copies were made available to the general public and according to law, she read the Ordinance by title. Mayor Reiman Mayor Reiman said Ordinance #08-38 (a) is going to be amended, explaining that nothing will be added but there will be some deletions. Public Hearing 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 opened. Hearing Closed There being no fuliher 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 ofthe full Council present. Upon MMS&C by Councilmembers Sitarz and Naples ORDINANCE #08-38 (a) "THIS ORDINANCE SECURES BONDS OR OTHER OBLIGATIONS ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THE 'REDEVELOPMENT AREA BOND FINANCING LAW' AND THE LIEN HEREOF IN FAVOR OF THE OWNERS OF SUCH BONDS OR OTHER OBLIGATIONS IS A MUNICIPAL LIEN SUPERIOR TO ALL OTHER NON- MUNICIPAL LIENS HEREAFTER RECORDED" 4 "ORDINANCE AMENDING ORDINANCE NO. 07-09, FINALLY ADOPTED ON JULY 12, 200S" was finally Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitm'z voted in the Affirmative. APPROVED AND ADOPTED: DECEMBER IS. 200S INTRODUCED: NOVEMBER 6. 200S Advertised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER 5, 200S Hearing Held: DECEMBER IS, 200S Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: JANUARY L 2009 The Assistant Clerk stated that Ordinance #OS-39 was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough of Cmieret held on December 4, 200S. It was duly published in The Home News Tribune on December S, 200S with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S 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 opened. There being no further comments or objections to the Ordinance, the Mayor declared the Public Hem'ing to be closed upon MMS&C DECEMBER 18, 2008 ORDINANCE #08-38 (a) Adopted ORDINANCE #08-39 "Amending Salary Ordinance #71-9, Re: AFS01E Local #3850, Non-Union Employees and FMBA" Public Hearing Hearing Closed 5 DECI'NBER 18, 2008 ORDINANCE #08-39 Cont: Adopted ORDINANCE #08-40 "Amending Article I, General Provisions ; Traffic and Parking Regulations of Chapter 254-22 Entitled Vehicles and Traffic, Re: Limited' Time ParkinltHerbert Avenue' by Councilmembers Sitar and Naples and unanimous affirmative vote of the full Council present. Upon MMS&C by Councilmembers Sitarz and Naples ORDINANCE #OS-39 "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 Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: DECEMBER IS, 200S INTRODUCED: DECEMBER 4, 200S Advertised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER S. 200S Hearing Held: DECEMBER IS, 200S Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: DECEMBER 31. 200S The Assistant Clerk stated that Ordinance #OS-40 was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough ofCalieret held on November 24, 200S. It was duly published in The Home News Tribune on December 2, 200S with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S 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. 6 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 opened. 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 Naples ORDINANCE #OS-40 "AN ORDINANCE AMENDING ARTICLE I, "GENERAL PROVISIIONS; TRAFFIC AND PARKING REGULATIONS" , OF CHAPTER 254-22 ENTITLED "VEHICLES AND TRAFFIC" OF THE CODE OF THE BOROUGH OF CARTERET" was finally Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affilmative. APPROVED AND ADOPTED: DECEMBER IS, 200S INTRODUCED: NOVEMBER 24, 200S Adveliised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER 2, 200S Hearing Held: DECEMBER IS, 200S Approved By: MAYOR DANIEL J. REIMAN Adveliised as Finally Adopted: DECEMBER 27, 200S The Assistant Clerk stated that Ordinance #OS-41 was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough ofCarteret held on November 24, 200S. It was duly published in The Home News Tribune on December 2, 200S with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S at approximately 6:00 P.M. The Ordinance was posted on the bulletin 7 DECEMBER 18, 2008 ORDINANCE #08-40 Public Hearing Hearing Closed Adopted ORDINANCE #08-41 "Excluding Vehicles Over Designated Weight from Certain Streets" DECI'NBER 18, 2008 ORDINANCE #08-41 Cont: Public Hearing Hearing Closed Adopted ORDINANCE #08-42 "Amending and Supplementing Section 160-43, Subdivision Fees" 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 Sitm"Z and Naples and unanimous affilmative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There being no fuliher comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present Upon MMS&C by Councilmembers Diaz and Bellino ORDINANCE #08-41 "ORDINANCE EXCLUDING VEHICLES OVER DESIGNATED WEIGHT FROM CERTAIN STREETS" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Ktum, Naples and Sitarz voted in the Affirmative. APPROVED AND ADOPTED: DECEMBER 18,2008 INTRODUCED: NOVEMBER 24, 2008 Adveliised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER 2,2008 Hearing Held: DECEMBER 18,2008 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: DECEMBER 27, 2008 The Assistant Clerk stated that Ordinance #08-42 was introduced and adopted on First Reading at an Agenda Meeting of the 8 Borough Council of the Borough of Carteret held on December 4, 2008. It was duly published in The Home News Tribune on December S, 2008 with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S 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 Naples and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There being no further comments or objections to the Ordinance, the Mayor declared the Public Hem'ing to be closed upon MMS&C by Councilmembers Sitarz and Naples and unanimous affilmative vote of the full Council present Upon MMS&C by Councilmembers Sitarz and Bellino ORDINANCE #OS-42 "AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 160-43 "SUBDIVISION FEES" OF ARTICLE VI, "FEES" OF CHAPTER 160, "LAND DEVELOPMENT" OF CODE OF THE BOROUGH OF CARTERET" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Kmm, Naples and Sitm'z voted in the Affirmative. APPROVED AND ADOPTED: DECEMBER IS. 200S INTRODUCED: DECEMBER 4, 2008 Advertised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER S. 200S Hearing Held: DECEMBER 18, 200S Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: DECEMBER 27.2008 9 DECEMBER 18, 2008 ORDINANCE #08-42 Cont: Public Hearing Hearing Closed Adopted DECEMBER 18, 2008 ORDINANCE #08-43 "An Ordinance Re-Adopting Amending & Restating Ordinance #94023, Finally Adopted May 26, 1994" Public Hearing Hearing Closed Adopted The Assistant Clerk stated that Ordinance #08-43 was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough of Carteret held on December 4, 200S. It was duly published in The Home News Tribune on December 10, 200S with notice that it will be considered for final passage after Public Hearing to be held on December IS, 200S 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 Sitarz and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There being no fuliher 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 ofthe full Council present Upon MMS&C by Councilmembers Sitarz and Diaz ORDINANCE #08-43 "AN ORDINANCE OF THE BOROUGH OF CARTERET RE- ADOPTING, AMENDING AND RE-STATING ORDINANCE NO. 94-23, FINALLY ADOPTED MAY 26, 1994" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitm"Z voted in the Affirmative. APPROVED AND ADOPTED: DECEMBER IS, 200S INTRODUCED: DECEMBER 4. 200S Advertised as Adopted on First Reading With Notice of Public Hearing:: DECEMBER 10. 2008 Hearing Held: DECEMBER IS, 2008 Approved By: MAYOR DANIEL J. REIMAN Adveliised as Finally Adopted: DECEMBER 27, 200S 10 Upon MMS&C by Councilmembers Diaz and Sitm'z and unanimous affirmative vote of the full Council present, the Public Portion on Resolutions/Agenda Items and New Business was opened to the public. There were no comments from the public. Upon MMS&C by Councilmembers Sitm'z and Naples and unanimous affilmative vote of the full Council present the public portion of the meeting was closed. Mayor Reiman asked the Council if they had any questions concerning any of the Resolutions on the Order of Business. Councilmember Bellino questioned Resolution #OS-300, "Award of Bid-Commercial Storefi'ont Additions/Alterations, 45-47 Washington Avenue." Mayor Reiman explained to him that it was for the alterations on the front of the building, which at one time was the old bakery. Mayor Reiman then asked for a motion to approve the Consent Agenda, Resolutions #OS-299 through #OS-306. RESOLUTIONS #OS-299 through #OS-306 were introduced by the Mayor and referred to the Council for action. Upon MMS&C by Councilmembers Diaz and Naples RESOLUTION #08-299 "CANCEL TAX OVERPAYMENT" RESOLUTION #OS-300 "A WARDING CONTRACT FOR THE 45-47 WASHINGTON AVENUE COMMERCIAL STORE FRONT/ADDITONS ALTERATIONS PROJECT" 11 DECEMBER 18, 2008 Public Portion on Resolutions/ Agends Items and New Business Mayor Reiman Counci1member Bellino Consent Agenda RESOLUTION #08-299 "Cancellation of Tax Overpayments" RESOUJrION #08-300 "Award of Bid- Coomercial Storefront Additions/Alterations 45-47 Washington Avenue" DECI'NBER 18, 2008 RESOLUTION #08-301 "Approving Final Payment RESOLUTION #OS-301 Estimate #11 and Close "APPROVING FINAL PAYMENT ESTIMATE NO. 11 AND fut Change Or.der- CLOSE OUT CHANGE ORDER-ROOSEVELT AVENUE Roosevelt Avenue STREETS CAPE-PHASE II" Streetscape-Phase II" RESOUJrION #08-302 "Providing for the Transfer of Surplus Funds" RESOUJrION #08-303 "Cancel Tax Overpayment" RESOLUTION #08-304 "Property Tax Cancellation" RESOUJrION #08-305 "Cancellation of Outstanding Checks" RESOLUTION #08-306 "Authorizing Refund of Tax and/or Sewer Fees Overpayment" AOOPl'ED PAYMI'NI' OF BILlS APPLICATIONS RESOLUTION #OS-302 "PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS" RESOLUTION #OS-303 "CANCEL TAX OVERPAYMENT" RESOLUTION #08-304 "PROPER1YfAX CANCELLATION" RESOLUTION #OS-305 "CANCELLATION OF OUTSTANDING CHECKS" RESOLUTION #OS-306 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" were Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Kt'um, Naples and Sitarz voted in the Affirmative. 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, Krum, Naples and Sitarz voted in the Affirmative, The Assistant Clerk stated that she was in receipt of Applications for Catieret Volunteer Fire Department for new members, Eddie Aguine and Dennis Murphy. Upon MMS&C by Councilmembers 12 Sitarz and Krum and unanimous affirmative vote of the full Council present, they were ordered to be held and placed on file until Janumy awaiting the results of a thorough background check to be done on each applicant by the Police Depaliment. Upon MMS&C by Councilmembers Diaz and Bellino and unanimous affitmative vote of the full Council present, all Reports were ordered to be received and placed on file. COMMITTEES: BUILDINGS & GROUNDS: Committee Chairperson Naples repOlied progress in Buildings and Grounds and said she was looking forward to another term as Councilmember and congratulated the retirees. Progress. FINANCE & ADMINISTRATION: Committee Chairperson Diaz repolied Progress in his depatiment and congratulated the retirees. FIRE & DOMESTIC PREPAREDNESS: Committee Chairperson Ktum spoke. He repOlied Santa is going around town in a Fire TlUck and explained if a package was provided by their family, the gift would be delivered by Santa to them. He congratulated the retirees and reported Progress in his department. PARKS, RECREATION # PUBLIC PROPERTY: Committee Chairperson Bellino repolied, He said the Winter Festival in Carteret Park was a success and repOlied progress in his department and congratulated the retirees. POLICE: Committee Chairperson Sitarz reported Progress in his depaliment and congratulated the retirees, 13 DECI'NBER 18, 2008 Applications Cont: REPORl'S <Xt1MITIEES DECEMBER 18, 2008 <n1MITfEES Cont: Mayor Reiman ADJOURNED PUBLIC WORK: Committee Chairperson Colon reported Progress with the continuing work on the streets and congratulated the retirees, BOARD OF EDUCATION: Committee Chairperson Naples said the schools are on Holiday and will be closed until January 5, 2009. She congratulated the retirees. Mayor Reiman then spoke. He said the Re-Organization meeting will be held on Sunday, January 4, 200S, 11:00 P.M" at the Thomas J. Deverin Community Center, 100 Cooke Avenue, Catieret, New Jersey. Mayor Reiman then made mention that they m'e working on hiring a Librarian. He explained they are waiting on a background check to be done on the applicants, which has to be done by law. At approximately 6:20 P,M, upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present, the meeting was Adjourned. Respectfully submitted, ~~ 0, ~~ LINDA A. RIVERA, Assistant Municipal Clerk Lr 14