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