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Home My Public Portal About02-04-10 agenda The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting February 18, 2010, was held on Thursday, February 4, 2010, 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 " Jorge Diaz " Dennis DiMascio " Randy Krum " Susan Naples " Joseph W. Sitarz Also noted present was Kathleen M. Barney, Municipal Clerk and Robert Bergen, Borough Attorney. The Clerk stated the 2010 Annual Notice was mailed to The Home News Tribune, The Star Ledger and posted on the Bulletin Board on January 4,2010. It was published in The Home News Tribune on January 6, 2010 and in The Star Ledger on January 8, 2010. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. FEI'Rl.I<\RY 4, 2010 PQN}\ ~ FeInmy 4, 2)10 PRESENT STATEMENT OF MEETING NOTICE SILENT PRAYER/ PLEDGE OF ALLEGIANCE I FEBRUARY 4:,. 2010 MINUTES FOR APPROVAL ORDINANCE #10-2 "0 d' r lnance to Amend Ordinance #84-6" First Reading ORDINANCE #10-1 "Authorizing the Preparation and Issuance of Bid Documents for the Leasing of a Portion of the Municipal Annex" Mayor Reiman Upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present, the Minutes of January 7 and 21, 2010 were approved, transcribed and engrossed by the Clerk. First Reading- ORDINANCE #10-2 was introduced and adopted on FiIst Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on March, 4, 2010 upon MMS&C by Councilmembers Krum and Naples. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Affirmative. "ORDINANCE TO AMEND ORDINANCE #84-6" Mayor Reiman explained that this ordinance is to do with commercial sewer fees. The Clerk stated that Ordinance #10-1 was introduced and adopted on First Reading at an Agenda Meeting of the Borough Council of the Borough of Carteret held on January 21, 2010. It was duly published in The Home News Tribune on January 26, 2010, with notice that it will be considered for final passage after Public Hearing to be held on February 4, 2010 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. Mayor Reiman explained briefly how this was to rent a small portion of the Municipal Finance Building, that we will then solicit and receive bids to lease a portion of the finance building for a flllancial type institution. 2 Upon MMS&C by Councilmembers Diaz and Krum and unanimous affmnative vote of the full Council present, the Mayor declared the Public Hearing to be opened. There were no comments from the public. 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 Sitarz and unanimous afflfll1ative vote of the full Council present. Upon MMS&C by Councilmembers Diaz and Krum "AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING THE PREPARATION AND ISSUANCE OF BID DOCUMENTS FOR THE LEASING OF A PORTION OF THE MUNICIPAL ANNEX" was flllally Adopted. Upon individual roll call vote Councilmembers Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Affrrmative. APPROVED AND ADOPTED: FEBRUARY 4. 2010 INTRODUCED: JANUARY 21. 2010 Advertised as Adopted on First Reading With Notice of Public Hearing: JANUARY 26. 2010 Hearing Held: FEBRUARY 4. 2010 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: FEBRUARY 10.2010 Mayor Reiman then read the resolutions into the record: 1. Directing the Issuance of Various Raffle Licenses. 3 rtBRUARY 4, 2010 Ordinance #10-1 Cont Public Hearing Hearing Closed Adopted RESOLUTIONS FEBRUARY 4, 2010 RESOLUTIONS Con t : Mayor Reiman 2. Appointment to the Middlesex County Housing and Community Development Committee. 3. Amendment to the 20 I 0 Temporary Budget. 4. Professional Services - CME Associates, EnviIonmental Consulting Services for Pier Extension, US Atmy Corp. of Engineers Permitting. 5. Opposing Elimination of 4% Cap Limitation. 6. Professional Services - T&M Associates, Re:General Sewer Services. 7. Professional Services - T&M Associates, Re: General Engineering Services. 8. Opposing Legislation Amending the Time of Decision Rule. 9. Designating Properties Identified as Block 10, Lot 11 and Block 11.01, Lots 6,7,9,15,16,27,48,53 and 54 as an Area in Need of Redevelopment. 10. Designating Property Identified as Block I, Lot 2.13 as an Area in Need of Redevelopment. 11. Designating F. Greek Newco, 377, LLC as the Conditional Redeveloper of the Roosevelt A venue. Light Industrial District Redevelopment Area. Mayor Reiman explained in reference to #4, this is to apply for the U.S. Atmy Corp. of Engineers Permit and he recalled that we have a one million dollar county grant in the bank and a 1.6 million dollar DEP Green Acres Grant, so hopefully we can get this permit before the end ofthis year to start construction. Mayor Reiman explained in reference to #5, a lot of towns are requesting that the state eliminate the 4% cap and he said he is in favor of keeping it because it is a guarantee that the county or municipal taxes only go up 4% and went on to explain if a municipality or county cannot live with that they can get a waiver from the state. He said he will hilVe this resolution sent to the state and to the New Jersey League of Municipalities. Mayor Reiman said in reference to #8, there is a legislation proposed that would arbitrarily approve zoning and planning uses, explaining within the law you have fOlty-five (45) days to deem an 4 application complete and the you have so much time to make a determination for the board to have a hearing. He said the suggestions from the Assembly and the Senate are if the board does not have its hearing the state law should be, automatically approved, which would be detrimental to home rule and local zoning and planning issues. Mayor :Reiman then referred to #9 and #10 explaining they have to do with the Planning Board recommendations to declare portions of the Landfill Phase II wetlands, that the municipality owns, as property in need of redevelopment and the U.S. Metals property, along the waterfront, as an area in need of redevelopment. Mayor Reiman then asked for a motion on Resolutions #1 through #8 and #11. He said they will be holding #9 and #10 for a moment or two. Council President Krum questioned resolution # 11. Mayor Reiman told him that it is the old Foster Wheeler Property and we are designating Greek Newco 377, LLC as the developer for this portion ofthe property. Resolutions #10-49 through #10-55 and Resolution #10-58 were introduced by the Mayor and referred to the Council for action. Upon MMS&C by Councilmembers Sitarz and Naples RESOLUTION #10-49 "APPOINTMENT TO THE MIDDLESEX COUNTY HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE" RESOLUTION #10-50 "AMENDMENT TO THE 2010 TEMPORARY BUDGET" 5 FEBRUARY 4, 2010 Mayor Reiman Cant: Council President Krum Mayor Reiman CONSENT AGENDA Resolutions #10-49 through #10-55 and #10-58 RESOLUTION #10-49 "Appointment to the Middlesex County Hous: and Community Develop' ment Committee" RESOLUTION #10-50 "Amendment to the 201( Temporary Budget" FEBRUARY 4, 2010 CONSENT AGENDA Cont: RESOLUTION #10-51 "Professional Services-CME RESOLUTION # 1 0-51 Associates Consulting "PROFESSIONAL SERVICES-CME ASSOCIATES, Services for Pier ENVIRONMENTAL CONSULTING SERVICES FOR PIER Extension, U~ Army EXTENSION, US ARMY CORP. OF ENGINEERS Corp: o~ Englneers PERMITTING" Permlttlng" RESOLUTION #10-52 "Opposing Elimination of 4% Cap Limitation" RESOLUTION #10-53 "Professional Services T&M Associates, Re: General Sewer Services" RESOLUTION #10-54 "Professional Services-T&M Associates Re: General Engineering Services " RESOLUTION #10-55 "Opposing Legislation Amending the Time of Decision Rule" RESOLUTION #10-52 "OPPOSING ELIMINATION OF 4% CAP LIMITATION" RESOLUTION #10-53 "PROFESSIONAL SERVICES-T&M ASSOCIATES, RE: GENERAL SEWER SERVICES" RESOLUTION #10-54 "PROFESSIONAL SERVICES-T&M ASSOCIATES, RE: GENERAL ENGINEERING SERVICES" RESOLUTION #10-55 "OPPOSING LEGISLATION AMENDING THE TIME OF DECISION RULE" RESOLUTION #10-58 "DESIGNATING F. GREEK NEWCO 377, LLC AS THE CONDITIONAL REDEVELOPER OF THE ROOSEVELT AVENUE LIGHT INDUSTRIAL DISTRICT REDEVELOPMENT AREA" RESOLUTION #10-58 "Designating F. Greek Newco 377,LLC as the Conditional Redeveloper of the Roosevelt Avenue Light District " were Adopted. Upon individual roll call vote Councilmembers Redevelopment Area Bellino Diaz DiMascio KlUm Naples and Sitarz voted in the " " Affirmative. ADOPTED Clerk I S Note Please note that # 1 under Resolutions was omitted from the Consent Agenda. 6 There was no Bill List for this meeting. Cal1eret Volunteer FiIe CO.-New Members Zachary Zellner & Nicholas Romano. Upon MMS&C by Councilmembers Sitarz and Diaz and unanimous affirmative vote of the full Council present, all Applications were approved. Cm1eret Planning Bom'd - (a) Resolution recommending that Lot 2.13, Block 1 be designated as Area in Need of Redevelopment (Amax Redevelopment AJ'ea Assessment). (b) Resolution reconmlending that each of the ten lots included in the study area be designated an AJ'ea in Need of Redevelopment. (Landfill District Redevelopment Area Assessment). Upon MMS&C by Councilmembers Diaz and Sitarz and unanimous affirmative vote of the full Council present, the Communications were received and placed on file. Mayor Reiman then asked for a motion on Resolutions #9 and #10. Resolutions #10-56 and #10-57 were introduced by the Mayor and refen'ed to the Council for action. 7 FEBRUARY 4, 2010 PAYMENT OF BILLS APPLICATIONS COMMUNICATIONS Carteret Planning Bd. Mayor Reiman CONSENT AGENDA Resolutions #10-56 an, #10-57 FEBRUARY 4, 2010 CONSENT AGENDA Cont: RESOLUTION #10-56 "Designating Properties RESOLUTION #10-56 Identified as Block "DESIGNATING PROPERTIES IDENTIFIED AS BLOCK 10 , 10, Lot 11 and Block LOT 11 AND BLOCK 11.01, LOTS 6,7,9,15,16,27,48,53 AND 54 11. 01 Lots 6,7,9,15, AS AN AREA IN NEED OF REDEVELOPMENT" 16,27,48,53 and 54 as an Area in Need of Redevelopment" RESOLUTION #10-57 "Designating Property Identified as Block I, . Lot 2.13 as an Area were Adopted. Upon individual roll cal vote Councilmembers in Need of Bellino, Diaz, DiMascio, Krum, Naples and Sitarz voted in the Redevelopment" Affilmative. RESOLUTION #10-57 "DESIGNATING PROPERTY IDENTIFIED AS BLOCK 1, LOT 2.13 AS AN AREA IN NEED OF REDEVELOPMENT" ADOPTED REPORTS Clerk's Office ~ January 2010. All Rep0l1s were received and placed on file. BUSINESS TO BE ADDED BUSINESS TO BE ADDED: There was no Business to Be Added by any of the Councilmembers 01' Attorney at this time. Mayor Reiman Mayor Reiman then asked the Municipal Clerk to re-organize the Agenda to move Communications above Resolutions for future meetings. 8 Upon MMS&C by Councilmembel's Krnm and Sitarz and unanimous afflfll1ative vote of the full Council present, the meeting was opened for Public Discussion. Kevin Urban - He asked if the area of redevelopment project was going to be warehouses. Mayor Reiman explained this is industrial, it is the old Foster Wheeler property at 377 Roosevelt Avenue and it was owned by the Mandelbaum Company and prior to that Foster Wheeler. He said they made submarine parts in World War II and was abandoned for over twenty-five (25) years and Carteret Tomorrow Inc. acquired the propeliy and they sold the property and the company to A.S.A. Apple and it was designed and approved by the Planning Board about a year ago for approxinlately 290,000 square feet of manufacturing and warehouse distribution and they expect to be in the ground next year. He said this should create a couple of hundred constlUction jobs, shOJi telm and a couple of hundred local jobs, long telm. Mr. Urban asked the Mayor, when he referred to constlUctionjobs, did he mean Davis Bacon or company. Mayor Reiman explained that Davis Bacon wages don't apply because it is a Federal prevailing wage but the New Jersey prevailing wage law applies, which is a higher wage and also explained that as part of our redevelopment agreement it is one hundred percent union construction. Mr. Urban then said he needed clarification from the Zoning Board, explaining that he attended the last Zoning Board Meeting, where he was notified about a future constmction project across the street from his house and he was displeased with the way the meeting was handled because they said blueprints were submitted and he understood H there should be a change he would not be notified and he felt it was very unprofessional. 9 FEBRUARY 4, 2010 PUBLIC DISCUSSION Kevin Urban FEBRUARY 4, 2010 Kevin Urban Cont: Public Discussion Cant: Public Portion Closed ADJOURNED Mayor Reiman corrected him, saying the Zoning Board has nothing platllled, explaining to him any applicant can go before the Zoning Board and ask to put anything they want on, but it does not mean it will get approved. Mr. Urban asked if the plan would change would he be notified. Mayor Reiman said he would. Mr. Urban said that is not what the Zoning Board Attorney Clarkin said. Attol11ey Bergen explained to Mr. Urban that if they cal1'Y the hearing they don't have to re-notice people within two hundred (200) feet because they already have and he was getting notice that it is being cal1'ied which is advising him to come to future meetings. He said it is fairly standard and said if they can modify the plan so the notice is still exact they wouldn't have to notify him, but he is not sure how that would be possible. Mayor Reiman told Attol11ey Bergen they are looking to change the density, so it is a new application. He then told Mr. Urban, our attorney, Robeli Bergen would reach out to Attorney Clarkin. Upon MMS&C by Councilmembers Sitarz and Krum and unanimous affirmative vote of the full Council present, the public portion of the meeting was closed. After no fuliher discussion, upon MMS&C by Councilmembers Sitarz and Diaz and unanimous afflfll1ative vote of the full Council present, the meeting was Adjourned at approximately 6: 14 P.M. lie itilty sub itted '~ ,,' -,tA-/~ HLEEN M. BARNEY, M Municipal Clerk KMB/lr 10