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HomeMy Public PortalAbout08-07-24c A Regular Meeting of the Mayor and Council of the Borough of Cmteret was called to order by Mayor Daniel J. Reiman, Thursday, July 24, 2008, 6:00P.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 Co Ion " Randy Krum " Susan Naples " Joseph W. Sitarz Councilmember Jorge Diaz was noted Absent. AlSO noted present was Linda A. Rivera, Assistant Municipal Clerk, in the absence of Kathleen M. Barney, Municipal Clerk and Borough Attorney, Robert 1. Berpen. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. The Assistant Clerk stated on December 31, 2007 the 2008 Annual Notice was mailed to The Home News Tribune, The Star Ledger and posted on the bulletin board. The amended Annual Notice was posted on the bulletin board on February 25, 2008 and published on February 28, 2008. JULY 24, 2008 muNCll. MEEI'ING July 24, 2008 ROIL CAlL Silent Prayer/ Pledge gf Allegiance srATEMENl' OF MEEI'ING OOITCE JULY 24, 2008 ORDINANCE fI08-29 "Providing for the Acquistion and/or construction of a Health & Wellness Center, Appropriating $1,550,861.34 from Grants, Donations and fudOl1.ments First Reading Discussion ORDINANCE fI08-31 "An Ordinance to Prohibit the Exposure of Certain Undergannents Within the Borough" Held for Study Discussion First Reading- ORDINANCE #08-29 was introduced and adopted on First Reading and the Assistant Clerk authorized and directed to advertise same for Public Hearing to be held August 7, 2008 upon MMS&C by Councilmembers Sitarz and Naples. Upon individual roll call vote Councilmembers Bellino, Colon, Naples, Krum and Sitarz voted in the Affirmative. Councilmember Diaz was; noted Absent. ORDINANCE #08-29 "Providing for Acquisition and/or Conshuction of a Health and Wellness Center, Appropriating $1,550,861.3535 from Grants, Donations and Endowments. Mayor Reiman explained that this is the third ordinance for this project and explained as the dollars come in from the Federal, State and County Governments and also the Donations, or Corporate Endowments come in, rather than just sitting there in the bank we want to appropriate them and once they are appropriated then we can spend them and bill against them. In the same token it sits in the bank and we collect interest on it. ORDINANCE #08-31 was introduced for First Reading. ORDINANCE #08-31 "AN ORDINANCE TO PROHIBIT THE EXPOSURE OF CERTAIN UNDERGARMENTS WITHIN THE BOROUGH" was held for study. Mayor Reiman explained that this is an ordinance to make it a petty offense for someone to walk around the streets of the Borough or public buildings, such as schools, with their buttocks showing. It would provide for summons for up to $250.00 on a 2 first offense and on a second offense they would be fined $2000.00. He explained for today this will be just for discussion and that our attorney has a draft and a possible first hearing to place it for future discussion. Councilmember Naples thought it was a good concept. Councilmember Bellino questioned if anyone from Amercian Civil Libelties went after this yet. Mayor Reiman said it came from a statute they found which came from Louisana and a town in North Jersey just had an adoption on it. Councilmember Sitarz said if we pass the ordinance we should make sure it is enforced. <j Mayor Reiman said we cannot force the police officers to enforce it. He then asked Attorney Bergen to read the ordinance into the record for consideration for first reading. Attorney Bergen then read the following into the record: "It shall be prohibited to intentionally expose for public viewing any portion of ones underpants, similar lower body undergarments and/or ones bare buttocks upon any public street or other public area within the Borough of Carteret" Mayor Reiman asked him if this was similar to the ordinance that was drafted for the North Jersey town. Attorney Bergen said it was. Mayor Reiman said in the paper today they had specific points defined and asked if we have defined that. Councilmember Krum said he also sees what is out there, but he questioned where the limit would start with this. 3 JULY 24, 2008 Discussion cont: JULY 24, 2008 Discussion Cant: ORDINANCE fI08-28 "Providing for the Regulation of COOmuter Parking on Certain Streets" Public Hearing Bruce Wilson Mayor Reiman said that was a good question and something we would have to look at. Attorney Bergen said within the law they would have to deal with it as intentional exposure so if a prosecutor is going to prosecute you would have to demonstrate that the exposure was intentional, explaining you cannot have a police officer, while on duty, walk around with a measuring stick. Mayor Reiman said he proposes this to be held for future discussion and asked the Council to look into it further and asked Attorney Bergen to get a copy of the Louisana ordinance. Public Hearing- The Assistant Clerk stated that Ordinance #08-28 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on July 10, 2008. It was duly published in The Home News Tribune on July 15,2008 with notice that it will be considered for final passage after Public Hearing to be held on July 24. 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 Naples and unanimous affirnlative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open. BlUce Wilson, 24 Dunster Street, then spoke. He asked what would differentiate the people living in town as opposed to those living out of town and parking. Mayor Reiman explained that there is nothing to differentiate between that explaining these streets would be restricted for residential parking only for those people that live on those streets. 4 They will have a resident parking pass on their car and anyone else will be able to park there for no more than two (2) hours. Mayor Reiman said prior to enforcement for anyone getting a ticket they will be given information relative to the four (4) COfll1nuter parking lots. Mr. Wilson then-commented that we have a lot of vehicles parking on the streets with out of state license plates. J Mayor Reiman explained to him that you cannot prohibit, under New Jersey law, out of state vehicles from parking overnight on public streets, however, this prohibits anybody from parking more than two (2) hours on the streets refereEced in this ordinance with the exception of the cars belonging to residents on the designated streets and they would have to have a New Jersey Driver's License and Registration and be insured in New Jersey. There being no fmther comments or objections to the Ordinance the Mayor declared the Public Hearing to be closed upon MMS&C by Councilmembers Sitarz and Bellino and unanimous affirnlative vote of the five (5) Councilmembers present. Upon MMS&C by Councilmembers Sitarz and Naples ORDINANCE #08-28 "AN ORDINANCE PROVIDING FOR THE REGULATION OF COMMUTER PARKING ON CERTAIN STREETS" was finally Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Krum, Naples and Sitarz voted in the Affinnative. Councilmembers Diaz was noted Absent. 5 JULY 24, 2008 Public Hearing Cant: Hearing Closed Adopted JULy' 24, 2008 Public Portion on Resolutions/ Agenda Items and New Business <Men Buster Consent Agenda RESOWITOO #08-166 "Professional Services- Potter Architects, Re: Design Developnent" RESOWITOO #08-167 '~otter Architects, Construction Docu:nents" APPROVED AND ADOPTED: Julv 24, 2008 Advertised as Adopted on First Reading With Notice of Public Hearing: Julv 15, 2008 Hearing Held: Julv 24, 2008 Approved By: Mayor Daniel J. Reiman Advertised as Finally Adopted: August 6, 2008 Upon MMS&C by Councilmembers Sitarz and Naples and unanimous affirnlative vote of the five (5) Councilmembers present, the public portion on Resolutions/Agenda Items and New Business was opened to the public. Owen Buster, 68 Mary Street, spoke about the ordinance referencing the exposure of undergarments, commenting that they passed an ordinance similar to this in a city in Flordia. Upon MMS&C by Councilmembers Sitarz and Naples and unanimous affirnJative vote of the five (5) Councilmembers present, the public portion was closed. Mayor Reiman then asked for a motion on the Consent Agenda. Resolutions #08-166 thru #08-174 were introduced by the Mayor and refelTed to the Council for action. . Upon MMS&C by Councihnembers Bellino and Naples: RESOLUTION #08-166 "Professional Services - Potter Architects, Re: Community Pool and Wellness Center Design Development" RESOLUTION #08-167 "Professional Services - Potter Architects, Re: Community Pool and Welhless Center ConstlUction Documents" 6 RESOLUTION #08-168 "Designating Official Depositories" RESOLUTION #08-169 "Approving Renewal of ABC Licenses for 2008-2009" RESOLUTION #08-170 "Directing the Issuance of Raffle Licenses" RESOLUTION #08-171 "Approving Professional Services Contract-Slavin Morse LLC" RESOLUTION #08-172 "Authorizing Refund of Tax and/or Sewer Fees Overpayment" RESOLUTION #08-173 "Designating a Redeveloper and Authorizing Execution of an Agreement for the Redeveloper of a Portion of Federal Boulevard Redevelopment Area" ] RESOLUTION #08-174 "Resolution Authorizing the Execution of an Amendment to the Bristol Ponds Developer's Agreement" were Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Krum, Naples and Sitarz voted in the Affirmative. Councilmember Diaz was noted Absent. Upon MMS&C by Councilmembers Naples 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, Krum, Naples and Sitarz voted in the Affirnlative. Councilmember Diaz \Vas noted Absent. 7 JULY 24, 2008 RESOLUTIOO #08-168 "Designating Official Depositories" RESOWITOO #08-169 ''Renewal of ABC licenses/ 2008/2009" RESOLUTIOO #08-170 "Issuance of Raffle licenses" RESOLUTIOO #08-171 "Professional Services Contract, Slavin Morse u.c" , RESOLUTIOO #08-172 ''Refund of Tax and/or Sewer Fees Overpaymen RESOLUTIOO #O8~173 ''Redevelopnent, Re: Federal Boulevard" RESOLUTIOO #08-174 "Amendment to the Bristol Ponds Developer's Agreement" were Adopted PAYMENT OF BILLS JULY 24, 2008 REPOJITS BUILDINGS & GROUNDS: Committee Chairperson Naples reported seasonal maintenance and said park benches were installed by the Deverin Senior Center and the Gazebo was wired for the concerts and the July 3rd festival. FINANCE & ADMINISTRATION: In the absence of Committee Chairperson Diaz, Councilmember Naples reported the Senior owner occupmcy sewer rebates will be coming out and they have to find $100,000.00 in the budget for that rebate. FIRE & DOMESTIC PREPAREDNESS: Committee Chairperson Krum reported that we have two (2) of our volunteer officers attending a seminar for fire fighter tactics for strip malls and this Sunday we have two (2) more firefighters attending a seminar on elevator emergencies and we also have three (3) firefighters trained in confined space tumlel rescue which is provided by the Federal Government, which was necessitated because of a 4,000 sewer main tUll11el that is being built under the Raritan River between Woodbridge and Sayreville. The Fire Department has also put into service the new self contained breathing apparatus, that was purchased from a Federal Grant. Progress. PARKS & RECREATION & PUBLIC PROPERTY - Committee Chairperson Bellino reported the Concerts in the Park have been going on for the past few weeks and went on to speak about the Chrome Classic Basketball Tournament where thirteen (13) teams from around the state competed in the categories of fourteen (14) year olds and below and twelve (12) year olds and commented that it was put together in ten (10) days. He went on to speak about vandalism at the Waterfront Park, saying aluminum was taken from the tent behind the Gazebo, so now we are looking to put up a 10 X 10 permanent type gazebo with removable cmtains. Progress. Mayor Reiman congratulated Councilmember Bellino and Dennis DiMasio and LaMont Repollet for the great job they did with the tournament. He asked for a list of the participants and volunteers and said they will do conmlendations for the next meeting. 8 Mayor Reiman then explained we also had an endowment come in from the former postmaster's da)lghter in the amount of $3000.00 for our parks through the Open Space Fund. We will dedicating a bench by the pond "In Memory Of' and the rest of the money will go into the Open Space Fund to be used for future impmvements for the park. POLICE -- Committee Chairperson S itarz reported that the new Dodge Durango is on the road and is #1 and the old #1 will be stripped down and sent to the paint shop to match the other cars. He went on to say we have a problem with the guns that the officers have been using. They have been jamming up and they are in contact with Smith and West and will be getting all new revolvers at a better grade. Progress. 1 Mayor Reiman said for the Council's information there was instances during practice that the guns wonld jam but he did not know of any incidents on the road or during an altercation. There will be no cost for the new revolvers but there will be a minimal cost to outfitting the officers with the proper belt al1d holster and they are asking the county to fund this through our forfeiture dollars. PUBLIC WORKS -Committee Chairperson Colon reported we have received our Clean Communities Award of $22,182.00 and the grant will be used for the Special Improvement District to continue the grant funded street and sidewalk sweeping. She said as an example of the program in 2007 over the eight (8) month grant period there was 8,064 pounds of debris and seven hundred (700) are recyclable. We have awarded for the older streets reconstlUction project $108,000.00 and the project is almost complete. She said some minor punch list projects remain and this was a shared service with Woodbridge Township. The 2008 Road Program includes complete reconshuction of Charlotte Street and a portion of Willow Street. The re-paving of the county program includes Carteret Avenue, Phase II and Sharot Street. We have a signed agreement with the county for 2 Roosevelt Avenue, Industrial Road intersections, where the Borough will use $250,000.00 of federal grant money and county will pay for the 9 JULY 24, 2008 REPORl'S Cant: JULY 24, 2008 REPOR:rS Gont: balance of the cost. She said we are also waltmg for a DEP closeout on the DPW site and all is going well. The Cornell Estate Proj ect in West Carteret is proceeding and the contractor is about 50% complete with the storm water and sewer improvements and have approximately ten (10) streets to work on. It is a 2.2 million dollar project and should be completed by the end of the year. She went on to say that last night at the corner of Roosevelt Avenue and Lafayette Street, Kinder Morgan released a low level amount of (inaudible) water into the sewer system causing a sulfur smell iilthe sUlTounding homes and four (4) homes were evacuated. She said the company was reminded to store all products on the side in wet weather (inaudible) and also treated. Progress. BOARD OF EDUCATION: Committee Chairperson Naples said other than the seasonal painting and cleaning throughout the schools, boilers are being installed in all of the elementary schools. She said the extended school year program and the excel program that are housed in Columbus School are receiving lunches through the Borough and we are reimbursed for that program through the Federal Government. Mayor Reiman Mayor Reiman reminded everyone that we have our concert nights on Friday at the park and at the Waterfront on Sunday. He said we also have a movie night on Friday at the Community Center and he spoke on this briefly. He said on Saturday night from 8:00 P.M. until 11:00 P.M., there is an open microphone night, explaining that the SID Inlprovement District, Business Paltners, purchased a sound system for Borough events for about $10,000.00, making this possible. He spoke briefly on this. PROCLAMATIOOS Proclamation: a) National Night Out. b) Supporting the Over the Limit Under AtTest 2008 Statewide Crackdown. 10 Mayor Reiman read the following Proclamations into the record: SuppOlting the Over the Limit Under AlTest 2008 Statewide Crackdown August 15 through September 1, 2008 "WHEREAS, impaired drivers on our nation's roads kill someone every 30 minutes, 50 people per day and almost 18,000 people each year; and WHEREAS, 28% of motor vehicle fatalities in New Jersey are alcohol-related; md WHEREAS, an enforcement crackdown IS plall11ed to combat impaired driving; and J WHEREAS, the end of summer season is traditionally a time of social gatherings which often include alcohol; and WHEREAS, the State of New Jersey Division of Highway Traffic Safety has asked law enforcement agencies throughout the state to participate in the Over the Limit Under AlTest 2008 Statewide Crackdown; and WHEREAS, the project will involve increased impaired driving enforcement from August 15 through September I, 2008; and WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways; THEREFORE, be it resolved that the Borough of Carteret declares it's support for the Over the Limit Under AtTest 2008 Statewide Crackdown from August 15 through September I, 2008 and pledges to increase awareness of the dangers of drinking and driving. " 11 JULY 24, 2008 PROCLAMATIOOS Gont: "Supporting the Over the Limit Under Arresl 2008 Statewide Crackdown" JULY 24, 2008 "National Night OUt" NATIONAL NIGHT OUT 2008 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime drug and violence prevention program on August 5th, 2008 called "National Night Out'" and , WHEREAS, the "25th Annual National Night Out" provides a unique opportunity for the Borough of Carteret to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Crime Prevention Unit plays a vital role in assisting the Carteret Police Department through joint crime, drug and violence prevention efforts in the Borough of Carteret; and WHEREAS, it is essential that all citizens of the Borough of Carteret be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime dlUgs and violence in the Borough of Carteret; and WHEREAS, police-community partnerships, neighborhood safety, awareness and co-operation are important themes of the "National Night Out" program; NOW, THEREFORE, WE the Mayor and Council do hereby call upon the citizens of the Borough of Carteret to join the Carteret Police Department's Crime Prevention Unit and the National Association of Town Watch in supporting the "25th Annual National Night Out" on August 5th, 2008 as "National Night Out" in the Borough of Carteret. He encouraged the Council, if they are available to sign up for this. 12 Upon MMS&C by Councilmembers Sitar and Naples and unanimous affirmative votes of the five (5) Councilmembers present, after no further discussion, this meeting was Adjourned at approximately 6:37 P.M. Respectfully submitted, ~o.~ LINDA A. RNERA Assistant Municipal Clerk LAR ] 13 JULY 24, 2008 ADJOURNED 14