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HomeMy Public PortalAbout06-11-09 agenda :The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting, June 18, 2009, was held on June II, 2009, 6:00 P.M., Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. The following were noted present: Mayor Daniel J. Reiman Councilmember Vincent Bellino " Iris Colon " Jorge Diaz " Randy Krum " Susan Naples " Joseph W. Sitarz Also noted present was Kathleen M. Barney, Municipal Clerk and Robert Bergen, Borough Attorney. The Clerk stated that on January 5, 2009, the 2009 Annual Notice was mailed to The Home News Tribune, The Star Ledger and posted on the bulletin board. It was published on January 8, 2009. The meeting was opened with a minute of silent prayer and the . Pledge of Allegiance led by Mayor Daniel J. Reiman. 1 JLNE n, '2fJJ) AGENDA MEETING June 11, 2009 PRESENT STATEMENT OF MEETING NOTICE Silent Prayer/Pledge of Allegiance JUNE 11, 2009 PRESENTATION ORDINANCE #09-06 "Bond Ordinance Providing for Sewer Infrastructure Improvements to Roosevelt Avenue Pump Station & Turnpike Sanitary Sewer Crossing Appropriating $8,100,000.00 Bonds to Finance Part of the Cost Thereof" First Reading Mayor Reiman Ordinance #09-06 John Ferguson, Pre-Disaster Mitigation Plan. - Mayor Reiman commented that he hoped Mr. Ferguson would be joining them this evening, hoping there was no scheduling conflict. ORDINANCE #09-06 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise sarne for Public Hearing to be held on July 9, 2009, upon MMS&C by Councilmembers Sitarz and Krum. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum Naples and Sitarz voted in the Affirmative. "BOND ORDINANCE PROVIDING FOR SEWER INFRASTRUCTURE IMPROVEMENTS TO ROOSEVELT AVENUE PUMP STATION AND THE TURNPIKE SANITARY SEWER CROSSINGS IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRlA TING THE ISSUANCE OF $8,100,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART. OF THE COST THEREOF" Mayor Reiman said this ordinance needs to be put in place as we have applied for rnoney under the American Economic Recovery Act, explaining we had been notified that we are eligible for up to five (5) million dollars in funds, as a grant, and up to five (5) million dollars in low interest loans through the New Jersey Enviroriniental lnfrastructure Trust Fund and that if we do not receive the money then we will not be moving forward with this project. BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH ~1 CARTERET. IN THE COUNTY OF MIDDLESEX, NEW JERSEY (nolless than two-lhinls of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The improvement described in Section 3 of this bond ordinance is hereby 2 !aUthOrized to be undertaken by the Borough of Carteret, in the County of Middlesex, New Jersey (the "Borough") as a general improvement. For the improvement or purpose described in ISection 3, there is hereby appropriated the sum of $8,100,000. Pursuant to N.J.S.A. 40A:2. jl1(C), no down payment is provided for the costs of the improvement since the project described in Section 3(a) hereof is being partially funded by the New Jersey Environmental Infrastructure Trust (''NJEIY''), a portion of which is expected to be a loan that NJEIT will forgive and treat as a grant. Section 2. In order to finance the cost of the improvement or purpose-not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $8,1 00,000 pursuant to the Local Bond Law. In anticipation of the issuance I , of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. (a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is for the seWer infrastructure improvements to the Roosevelt Avenue Pump Station and the Turnpike Sanitary Sewer Crossings, including all materials and appurtenances necessary therefor and incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shaU mature later than one year from its clate. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall dei:ennine all matters in connection wich notes issued pursuant to this ordinance, and the chief financial officer's signature upon the noCes shall be conclusive evidence as to all such determinations. All I noles issued hereunder may be renewed from lime to time subject 10 the provisinns of the Local Bond Law. The chief financial ofticer is hereby authorized to sell part or.all of the notes from ! time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes so.ld, the price obtained and the name of the purchaser. 3 JUNE n, 2009 ORDINANCE #09-Q . ' JUNE 11, 2009 ORDINANCE #09-06 Cont: Section 5. The Borough hereby certifies "that it has adopted a capltaCoudget -or a emporary capital budget, as applicable. The capital or temporary capital budget of the Borough 5 hereby amended to conform with the provisions of this ordinance to the exteot of any consistency herewith. To the extent that the purposes authorized herein are inconsistent with e adopted capital or temporary capital budget, a revised capital or temporary capital budget has een filed with the Division ofLecal Government Services. Section 6. The following additional matters are hereby determined, declared, recited and stat~~ (a) The improvement or purpose described in Section 3 of this bond ordinance is not a current expense. It is an improvement or pUtpose that the Borough may lawfully undertake as a general improvement, and no- part of the CDst thereof has been or shall be specially assessed on property specially benefitted thereby. I (b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the ;bonds authorized by this ordinance, is 40 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly ~repared and ftled in the office of the Clerk. and a complete executed duplicate thereof has been filed in tbe office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Sucb statement shows that the , gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $8,100,000, and the obligations fJulhoriz~.4_~erei!t_wiU be witpin all_d~QtJ~tatio.~ presc~~b~d by ~t L~~. " I (d) -An aggregate amount not exceedmg Sl,500,OOO-for Items of expense Listed ill and, permitted under N.1.S.A. 40A:2-20 is included in the estimated 'cost indicated herein for the purpose or improvement. Section 7. The Borough hereby declares the intent of the Borough to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to payor reimburse expenditures for the costs of the purposes described in Section 3(a): of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for IPurposes of Treasury Regulations 9 1.150-2 or any successor provisions of federal income tax law. 4 I' Seclion 8. The Borough expects to finance this improvemeot through the New~e~:y ~nVirOnmental Infrastructure Trust ("NJEIT'). A portion of such fmancing is expected to be a loan that NJEIT will forgive and treat as a grant upon the issuance by NJEIT of bonds to be used to fmance a separate portion of the improvement. The portion of the loan which is forgivable pursuant to the applicable laws and regulati?llS shall upon forgiveness by NJEIT at that point be a deduction from the Borough's debt authorized herein. The amount of the obligations authorized, but not issued hereunder, shall then be r~duced to the extent, and in the amount that I such loan is forgiven, that such funds are so used. Section 9. The cruef financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough. The chief financial officer is further aulhorized to enter into the approp~ate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent wilh the requirements of the Rule. In the event that lhe Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10. The full faith and credit of the Borough are hereby pledged to the punctual ayment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11. This bond ~rdinance shall take effect 20 days after the first. publication tbereofafter fmal adoption, as provided by the Local Bond Law. ORDINANCE #09-07 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on July 9, 2009, upon MMS&C by Councilmembers Diaz and Sitarz. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum Naples and Sitarz voted in the AffIrmative. 5 JUNE 11, 2009 ORDINANCE #09-06 ORDINANCE #09-07 "Amending Code, Chapter 121, Re: Drug Free School Zone" JUNE 11, 2009 Ordinance #09-07 First Reading Mayor Reiman Mayor Reiman Re: Ordinance #09-08 Attorney Bergen Mayor Reiman Attorney Bergen ORDINANCE #09-08 "ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 121 ARTICLE I, "DRUG FREE ZONES AND DRUNK-DRIVING FREE SCHOOL CROSSINGS" OF THE CODE OF THE BOROUGH OF CARTERET" Mayor Reiman explained that this is our periodic update which we are required to do every so many years including any churches, municipal building and government and school properties. Mayor Reiman said Ordinance #09-08 will be added on for First Reading. Attorney Bergen explained that this ordinance would be amending the Minue Street II Redevelopment Plan for consideration of expansion of uses, referring the same to the Planning Board. Mayor Reiman explained that this is an existing Redevelopment Zone in West Carteret called Minue Street Phase I and Phase II and said we have been in negotiations with a operator who would come in and operate a Data Center similar to the Goldrnan Sachs Facility and to the Verizon Data Center in West Carteret. He said the current plan does not allow for that type of use and we need to amend the plan to allow for the Data Center as a permitted use in the zone. Attorney Bergen said we would have to send it first to the Planning Board to review it and they will send it back with a recommendation. ORDINANCE #09-08 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held onAllemt LD, '2fJJ) , upon MMS&C by Councilmembers Diaz and Sitarz. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum Naples and Sitarz voted in the Affirmative. 6- JUNE 11, 2009 ORDINANCE #09-08 First Reading OOmwE #(f)-{f3 OOmwE CF 1HE IDUtH CF Q.IRIEREI' IN 1HE ill.NIY CF MIITI.E3EX, N1'N):IN; 1HE REIEi1'l.GN'NT RPN RR 1HE \iESf Q.IRIEREI' MIN.JE SIREET REfAIL BEIEVEl.DR1'NI' AREA HlASE II Mayor Reiman read the following Resolutions into the record: RESOLUTIONS 1. Directing th~ Issuance of Various Raffle Licenses. 2. Award of Bid for Louis Street Tennis and Basketball Court Improvements-Zenith Construction. Mayor Reiman explained this is an Interlocal Shared Service Agreement where the funding is going to come from our joint settlement against the Port Authority in conjunction with the Board of Education. 3. Professional Services - Jarnes F. Clarkin Esq., Re: Sitar Roosevelt Associates, LLC vs. Zoning Board of Adjustment. Mayor Reiman explained this resolution was funding our defense of a law suit on a Zoning Board Application. 4. Professional Services - CME Associates, Re: Sullivan Field Improvements Project. Mayor Reiman explained that this is the planning portion only, we do not have any funding appropriated or reserved for Capital Projects. 5. Professional Services - CME Associates, Re: Carteret Road Improvements Project-Phase A&B. Mayor Reiman explained that this is the Road Improvement Project for 2010, we want to make sure we get an early jump on it. 6. Approving Contract with Oswald Enterprises Inc., Re: Sanitary Sewer Cleaning and Evaluation - Hermann Avenue Reconstruction. 7 JUNE 11, 2009 RESOLUTIONS 7. Professional Services - T &M Associates, Re: East Cherry Street Cont: & Rornanowski Street Reconstruction. 8. Authorizing Bids - Chrome Streetscape. Mayor Reiman explained we will receive the bids and then direct the Redeveloprnent Agency to award the contract, it is part of the public improvernents for that project. 9. Authorizing Estimated Tax Bills. 10. ABC License Renewals. 11. Approving Renewal of ABC License #1201-33-008-006 Pursuant to Special Ruling for the 2009-2010 License Term, Re: Jason Kaplan. 12. Approving Renewal of ABC License #1201-44-034-009 Pursuant to Special Ruling for the 2009-2010 License Term, Re: Jason Kaplan. 13. Making Application to Local Finance Board Pursuant to Financing Through the NJ Environmentallnfrastructure Trust Financing Program. Mayor Reiman explained that this is the Bond Ordinance we had discussed earlier. 14. Declaring Officiallntent to Reimburse Expenditures for Proper Costs from Proceeds of Debt Obligations in Connection with its Participation in the NJ Environmental Infrastructure Trust Financing Program. 15. Authorizing the Issuance of a Taxicab Owner's License- Express Taxi LLC. 16. Authorizing Bids - Mooring Bollards at Marina. 8 JUNE 11, 2009 Mayor Reiman explained that this would allow boats to actually RESOLUTIONS dock there. Con t: Councilmember Bellino asked if this was a result of the insurance or the claim that we put in for the re-structure of that. Mayor Reiman said we are utilizing those dollars. 17. Authozing Bids for Vending Machines. 18. Authorizing Execution of a Subsidy Agreement with the Redevelopment Agency Regarding the Washington Avenue Redevelopment Area. 19. Refund of Tax and/or Sewer Fee Overpayments. 20. Resolution Authorizing A Professional Services Contract For Engineering Services with T &M Associates-Hermann Avenue Reconstruction Contract Administration & Inspection Services. Mayor Reiman then asked if the Council had any questions of Resolutions G-1 thru G-20. Councilmember Naples referred to G-17, asking if the vending machines were food or water. Mayor Reirnan said they are various vending rnachines in various buildings, referring to the snack machines in the Library Atrium and soda machines in municipal buildings. Councilmernber Sitarz questioned G-3. Mayor Reiman said the Zoning Board is being sued by Sitar Encor Real Estate for denial of a use variance and plan interpretation for a vacant parcel in West Carteret. He said the Zoning and Planing Board Attorney is Mr. Clarkin and we are going to fund the Zoning RESOLUTION G3 (09-125) 9 JUNE 11, 2009 CONSENT AGENDA Board's defense of that law suit. He then mentioned that we would pull resolution G-3 and do it separately RESOLUTIONS #09-124, #09-126 thru #09-142 were introduced by the Mayor and referred to the Council for action. Upon MMS&C by Councilmembers Bellino and Naples RESOLUTION #09-124 RESOLUTION #09-124 "Award ,?f Bid , "AWARD OF BID FOR LOUIS STREET TENNIS AND Re: Zem. th Construction" BASKETBALL COURT IMPROVEMENTS - ZENITH CONSTRUCTION" RESOLUTION #09-126 RESOLUTION #09-126 Sullivan Field "PROFESSIONAL SERVICES-CME ASSOCIATES, RE: Improvements SULLlV AN FIELD IMPROVEMENTS PROJECT" P . " rOJect RESOLUTION #09-127 RESOLUTION #09-127 Carteret Road "PROFESSIONAL SERVICES-CME ASSOCIATES, RE: Improvement CARTERET ROAD IMPROVEMENT PROJECT-PHASE A&B. Proiect-Phase A&BY' RESOLUTION #09-128 "Sanitary Sewer Cleaning & Evaluation" RESOLUTION #09-128 "APPROVING CONTRACT WITH OSWALD ENTERPRISES INC, RE: SANITARY SEWER CLEANING AND EVALUATION -HERMANN AVENUE RECONSTRUCTION" RESOLUTION #09-129 "PROFESSIONAL SERVICES -T&M ASSOCIATES, RE: EAST CHERRY STREET & ROMANOWSKI STREET RECONSTRUCTION" RESOLUTION #09-129 "East Cherry Street & Romanowski Street Recons truction" RESOLUTION #09-130 "AUTORIZING BIDS - CHROME STREETS CAPE" RESOLUTION #09-130 "Bids - Chrome S " treetscape RESOLUTION #09-131 "AUTHORIZING ESTIMATED TAX BILLS RESOLUTION #09-131 "Estimated Tax Bills" RESOLUTION #09-132 "ABC License Renewals for 2009-2010" RESOLUTION #09-132 "APPROVING ABC LICENSE RENEWALS FOR 2009-20 I 0 " 10 JUNE 11, 2009 RESOLUTION #09-133 RESOLUTION #09-133 "APPROVING RENEWAL OF ABC LICENSE #1201-33-008- "ABC License 006 PURSUANT TO SPECIAL RULING FOR THE 2009-2010 Renewal" LICENSE TERM RE: JASON KAPLAN" RESOLUTION #09-134 "APPROVAL OF ABC LICENSE #1201-44-034-009 PURSUANT TO SPECIAL RULING FOR THE 2009-2010 LICENSE TERM RE: JASON KAPLAN RESOLUTION #09-13 "ABC License. Renewal" RESOLUTION #09-13 "NJ Environmental "MAKING APPLICATION TO THE LOCAL FINANCE Infrastructure BOARD PURSUANT TO FINANCING THROUGH THE NJ Trust Financing ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING Program" PROGRAM" RESOLUTION #09-135 RESOLUTION #09-136 RESOLUTION #09-13 "I "DECLARING OFFICIAL INTENT TO REIMBURSE ntent to EXPENDITURES FOR PROJECT COST FROM PROCEEDS OF Reimb~rse, Re: DEBT OBLIGATIONS IN CONNECTION WITH ITS NJ Ennronmental Infrastructure PARTICIPATION IN THE NJ ENVIRONMENTAL Trust Financing INFRASTRUCTURE TRUST FINANCING PROGRAM" Program" RESOLUTION #09-137 RESOLUTION #09-137 "AUTHORIZING THE ISSUANCE OF A TAXICAB OWNERS "Taxi Owners LICENSE-EXPRESS TAXI LLC" License, Re: , . fI Express Tax~ LLC RESOLUTION #09-138 "AUTHORIZING BIDS _ MOORING BOLLARDS AT. RESOL~~ON #?9-138 "AuthorH~ng B~ds, MARINA" Re: Mooring Bollard at Marina" RESOLUTION #09-139 RESOLUTION #09-139 "AUTHORIZING BIDS FOR VENDING MACHINES" "Authorizing Bids, Re: Vending Machines RESOLUTION #09-140 RESOLUTION #09-140 "AUTHORIZING EXECUTION OF A SUBSIDY AGREEMENT "Subsidy " WITH THE REDEVELOPMENT AGENCY REGARDING THE Agreement WASHINGTON AVENUE REDEVELOPMENT AREA" 11 JUNE 11, 2009 RESOLUTION #09-141 RESOLUTION #09-141 "Tax and/or "REFUND OF TAX AND/OR SEWER FEE OVERPAYMENTS" Sewer Fee " Overpayments RESOLUTION #09-142 RESOLUTION #09-142 "RESOLUTION AUTHORIZING A PROFESSIONAL T&M Associates SERVICES CONTRACT FOR ENGINEERING SERVICES , Re: In~pection WITH T&M ASSOCIATES-HERMANN AVENUE Servlces RECONSTRUCTION CONTRACT ADMINISTRATION ~ INSPECTION SERVICES" ADOPTED Clerk's Note RESOLUTION #09-125 were Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. Please note that Resolution noted as Gl "Directing the Issuance of Various Raffle Licenses" will be again listed on the Order of Business for the June 18th Council Meeting to be voted on. RESOLUTION #09-125 was introduced by the Mayor and referred to the Council for action: "Professional Services, Upon MMS&C by Councilmembers Naples and Bellino Re: James F. Clarkin, Esq., Re: Sitar Roosevelt Assoc., LLC vs. Zoning Board of Adjustment" Adopted PAYMENT OF BILLS "PROFESSIONAL SERVICES-JAMES F. CLARKIN, ESQ., RE: SITAR ROOSEVELT ASSOCIATES, LLC VS. ZONING BOARD OF ADJUSTMENT" was Adopted. Upon individual roll call vote Councilmembers Bellino, Colon, Diaz, Krum and Naples voted in the Affirmative. Councilmember Sitarz Abstained. 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. 12 JUNE 11, 2009 Clerk's Office - May 2009. Health/Office on Aging - May 2009. Inspection of Buildings - May 2009. REPORTS Upon MMS&C by Councilmembers Diaz and Bellino and unanimous affirmative vote of the full Council present, all Reports were ordered to be received and placed on file. BUSINESS TO BE ADDED: BUSINESS TO BE ADDED Councilmember Sitarz said he had Personnel Matters to discuss. Mayor Reiman asked if it was for Closed Session. Councilmember Sitarz said it was. Upon MMS&C by Councilmembers Sitarz and Naples and PUBLIC unanimous affirmative vote of the full Council present the meeting DISCUSSION was opened for public discussion. There was no Public Discussion. Upon MMS&C by Councilmembers Bellino and Diaz and unanimous affirmative vote of the full Council present the public portion of this meeting was closed. PUBLIC PORTION CLOSED 1'3 JUNE 11, 2009 RESOLUTION #09-143 "Resolution to go into Closed Session" Adopted MEETING CLOSED MEETING RE-OPENED ROLL CALL RESOLUTION #09-143 was introduced by the Mayor and referred to the Council for action: RESOLUTION #09-143 "RESOLUTION TO GO INTO CLOSED SESSION" was Adopted. Upon individual roll call vote, Councilmembers Bellino, Colon, Diaz, Krum, Naples and Sitarz voted in the Affirmative. At approximately 6:10 P.M., this meeting went into a Closed Session to discuss Personnel Matters and Litigation. Upon MMS&C by Councilrnembers Sitarz and Naples and unanimous affirmative vote of the full Council present the meeting was opened at approximately 6:25 P.M. Upon individual roll call vote the following were noted present: Mayor Daniel J. Reiman Councilmember Vincent Bellino " Iris Colon " Jorge Diaz " Randy Krum " Susan Naples " Joseph W. Sitarz Also noted present was Kathleen M. Barney, Municipal Clerk and Robert Bergen, Borough Attorney. 14 JUNE 11, 2009 Upon MMS&C by Councilmembers Sitarz and Naples and ADJOURNED unanimous affinnative vote of the full Council present, after no further discussion, this meeting was Adjourned at approximately 6:26 P.M. Respectfully.;mbmitted, KATHLEEN M. BARNEY. MMC Municipal Clerk KMB/lr 15