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HomeMy Public PortalAbout2004/02/19 FEBRUARY 19, 2004 The Regular Meeting of the Mayor and Council of the Borough COUNCIL MEETING of Carteret was called to order by Mayor Daniel J. Reiman approximately 7:00 P.M. on Thursday, February 19, 2004, Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. ROLL CALL Upon individual roll call, the following were noted present: Councilmember Randy Krum " Susan Naples " Ronald Rios " Joseph Sitarz " Brian Sosnowski Also noted present was Borough Attorney Robert J. Bergen, Esq. NOTED ABSENT Noted absent was Councilmember Frank Parisi. The meeting was opened with a moment of Silent Prayer and PRAYER, PLEDGE OF ALLEGIANCE The Pledge of Allegiance led by Mayor Daniel J. Reiman. The Clerk stated that on January 6, 2004, the 2004 Annual STATEMENT OF Meeting Notice was published in The Home News Tribune, MEETING NOTICE The Star-Ledger and posted on the bulletin board on January 6, 2004. Upon MMS&C, by Councilmembers Rios and Sitarz and APPROVAL OF unanimous affirmative vote of the five (5) Councilmembers MINUII:S present, the minutes of February 5, 2004 were approved as transcribed and engrossed by the Clerk. COMMENDATION: Mayor Reiman presented a commendation to Victor Kazio who VICTOR KAZIO was supervisor of the Borough Garage and retired after twenty years. Mayor Reiman read the commendation for Jessie Bagala who COMMENDATION: retired from the Borough after twenty eight years, but was ill JESSIE BAGALA and was unable to be present tonight. Mayor Reiman presented a commendation to Augusto Yahir COMMENDATION: Gonzales, who was wounded in the war with Iraq. AUGUSTO YAHIR FEBRUARY 1.9, 2004 ORDINANCE #04-08 ORDINANCE #04-08 was introduced and adopted on First AMENDING SECTION 1. Reading and the Clerk authorized and directed to advertise OF ORDINANCE #04-02, same for Public Hearing to be held March 11, 2004, upon ROOSEVELT AVENUE MMS&C, by Councilmembers Rios and Sitarz. Upon LIMITED PARKING individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Par/si was noted absent. ORDiNANCE #04-08 "AN ORDiNANCE AMENDiNG SECTION 1 OF ORDiNANCE #04-02 DESGNAT1NG A CERTAIN PORTION OF ROOSEVELT AVENUE FOR LIMITED TIME PARKING" ORDiNANCE #04-09 was introduced and adopted on First ORDINANCE # 04-09 AMENDING & Reading and the Clerk authorized and directed to advertise SUPPLEMENTING same for Public Hearing to be held March 11, 2004, upon CHAPTER128, FIRE MMS&C, by Councilmembers Rios and Sitarz. Upon PREVENTION individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi was noted absent. "ORDiNANCE #04-09 "AMENDiNG AND SUPPLEMENTiNG CHAPTER 128 ENTITLED, FIRE PREVENTION, OF THE CODE OF THE BOROUGH OF CARTERET" ORDINANCE # 04-04 AMENDING CHAPTER The Clerk stated Ordinance #04-04 was introduced and passed 28, HUMAN RELATIONS upon First Reading at a Regular Meeting of the Borough Council held on February 5, 2004. It was duly published in the Home News Tribune on February 10, 2004 with notice that it will be considered for final passage after Public Hearing to be held on February 19, 2004 at approximately 7:00 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. PUBLIC HEARING Upon MMS&C, by Councilmembers Rios and Sitarz and unanimous vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: FEBRUARY 19, 2004 There being no comments or objections to the Ordinance, the HEARING CLOSED Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Rios and Krum and unanimous affirmative vote of the (5) Councilmembers present. Upon MMS&C, by Councilmembers Rios and Sitarz ORDINANCE #04-04 "AMENDiNG CHAPTER 28 ENTITLED 'HUMAN RELATIONS COMMISSION' OF THE CODE OF THE BOROUGH OF CARTERET" was finally adopted. Upon individual roll call voted, ADOPTED Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi was noted absent. Approved and Adopted: February 19, 2004 Introduced: February 5, 2004 Advertised as adopted on First Reading with notice of Public Hearing: February I0, 2004 Hearing Held: February 19, 2004 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: February 27, 2004 The Clerk stated Ordinance #04-05 was introduced and passed ORDINANCE # 04-05 upon First Reading at a Regular Meeting of the Borough AMENDING SECI'ION t Council held on February 5, 2004. It was duly published in the OF ORDINANCE # 03-27 Home News Tribune on February 10, 2004 with notice that it DESIGNATING ~vill be considered for final passage after Public Hearing to be CERTAIN ONE WAY held on February 19, 2004 at approximately 7:00 P.M. The STREETS 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 Rios and Sitarz and PUBLIC HEARING unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Ordinance, the HEARING CLOSED Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Sitarz and Rios and unanimous affirmative vote of the five (5) Councilmembers present. 3 FEBRUARY 19, 2004 Upon MMS&C, by Councilmembers Rios and Krum ORDINANCE #04-05 "AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE #03-27 DESIGNATING CERTAIN ONE-WAY STREETS" was finally adopted. Upon individual roll call vote, ADOPTED Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Pat/si was noted absent. Approved and Adopted: February 19, 2004 Introduced: February 5, 2004 Advertised as Adopted on First Reading with Notice of Public Hearing: February 10, 2004 Hearing Held: February 19, 2004 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: February 27, 2004 ORDINANCE # 04-06 The Clerk stated Ordinance #04-06 was introduced and passed PROHIBITING RIGHT upon First Reading at a Regular Meeting of the Borough TURN ONRED AT Council held on February 5, 2004. It was duly published in the CERTAIN Home News Tribune on February 10, 2004 with notice it will INTI~RSECTIONS considered for final passage after Public Hearing to be held on February 19, 2004 at approximately 7:00 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 Rios and Sitarz and PUBLIC HEARING unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: HEARING CLOSED There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Sitarz and Rios and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS&C, by Councilmembers Rios and Naples "AN ORDINANCE PROHIBITING RIGHT TURN ON RED AT CERTAIN iNTERSECTION(S)" was finally adopted. Upon individual roll call vote, ADOPTED Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi was noted absent. FEBRUARY 19, 2004 Approved and Adopted: February 19, 2004 Introduced: February 5, 2004 Advertised as Adopted on First Reading with notice of Public Hearing: February 10, 2004 Hearing Held: February 19, 2004 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: February 27, 2004 The Clerk stated Ordinance #04-07 was introduced and passed ORDINANCE # 04-07 "CAP" ORDINANCE upon First Reading at a Regular Meeting of the Borough TO EXCEED INDEX Council held on February 5, 2004. It was duly published in the RATE FOR YEAR 2004 Home News Tribune on February 10, 2004 with notice that it will be considered for final passage after Public Hearing to be held on February 19, 2004 at approximately 7:00 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 Rios and Sitarz and PUBLIC HEARING unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Ordinance, the HEARING CLOSED Mayor declared the Public Heating to be closed, upon MMS&C, by Councilmembers Sitarz and Rios and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS&C, by Councilmembers Sitarz and Rios ORDINANCE #04-07 "CAP ORDINANCE TO EXCEED INDEX RATE; INDEX RATE LESS THAN 5% LIMITATION FOR THE YEAR 2004 (N.J.S.A. 40A:4-45.14) was finally adopted. Upon individual roll call vote, ADOPTED Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi was noted absent. Approved and Adopted: February 19, 2004 Introduced: February 5, 2004 Advertised as Adopted on First Reading with notice of Public Heating February 10, 2004 Hearing Held: February 19, 2004 Approved by: Mayor Daniel J. Reiman Advertised as Finally Adopted: February 27, 2004 FEBRUARY 19, 2004 MOTION TO AMEND Upon MMS&C, by Councilmembers Rios and Sitarz and THE AGENDARE: unanimous affirmative vote of the five (5) Councilmembers RESOLUTION#04-73 present, a motion was made to amend the Agenda to include Resolution #04-73, Appointing Member to the Human Relations Commission. MEETING OPENED A copy of each Resolution was placed on the table for public PUBLIC INPUT ON review prior to the meeting in accordance with the Rules of ALL RESOLUTIONS Council and upon MMS&C, by Councilmembers Sitarz and Naples and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on all Resolutions. Stanley Gutowski, New Jersey Avenue, Carteret Housing COMMENTS Authority Commissioner thanked the Mayor and Council for the proposed stipend and asked if more money could be made available and explained. At approximately 7:08 P.M. Councilmember Parisi was noted NOTED PRESENT present. MEETING CLOSED There being no further comments or objections to the Resolutions, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmember Rios and Sitarz and unanimous affirmative vote of the full membership present. CONSENT AGENDA The Borough Clerk asked if any Councilmembers wanted any Resolutions to be taken off the Consent Agenda and asked for a motion. Upon MMS&C, by Councilmembers Rios and Sitarz. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. Resolutions #04-58 through #04-73 were approved. FEBRUARY 19, 2004 RESOLUTION #04-58 was introduced by the Mayor and RESOLUTION#04-58 referred to the Council for action. REFUND OF TAX AND/OR SEWER Upon MMS&C, by Councilmembers Rios and Sitarz FEES RESOLUTION #04-58 "AUTHORIZiNG REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION #04-59 was introduced by the Mayor and RESOLUTION#04-59 referred to the Council for action. PROFESSIONAL SERVICES, RE: EXTRAORDINANARY Upon MMS&C, by Councilmembers Rios and Sitarz AID APPLICATION RESOLUTION #04-59 "AUTHORIZiNG A PROFESSIONAL SERVICES CONTRACT-HODULIK & MORRISON- EXTRAORDiNARY AID APPLICATION" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION #04-60 was introduced by the Mayor and RESOLUTION#04-60 AMENDMENT TO referred to the Council for action. THE 2004 TEMPORARY Upon MMS&C, by Councilmembers Rios and Sitarz BUDGET RESOLUTION #04-60 "AUTHORIZiNG AMENDMENT TO THE 2004 TEMPORARY BUDGET" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. 7 FEBRUARY 19, 2004 RESOLUTION#04-61 RESOLUTION #04-61 was introduced by the Mayor and PROFESSIONAL referred to the Council for action. SERVICES RE: COMPUTER SUPPORT Upon MMS&C, by Councilmembers Rios and Sitarz SERVICES RESOLUTION #04-61 "AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH THE IS DEPOT, INC. FOR COMPUTER SUPPORT AND TECHNICAL SERVICES" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Par/si abstained. RESOLUTION#04-62 RESOLUTION #04-62 was introduced by the Mayor and APPOINTING A C-3 referred to the Council for action. OPERATOR Upon MMS&C, by Councilmembers Rios and Sitarz RESOLUTION #04-62 "APPOINTING A C-3 LICENSED OPERATOR" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION#04-63 RESOLUTION #04-63 was introduced by the Mayor and APPROVING THE referred to the Council for action. CDBG PROGRAM Upon MMS&C, by Councilmembers Rios and Sitarz RESOLUTION #04-63 "APPROViNG THE 2004-2005 CDBG PROGRAM" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. FEBRUARY 19, 2004 RESOLUTION #04-64 was introduced by the Mayor and RESOLUTION#04-64 referred to the Council for action. AUTHORIZING UEZ BUDGET FOR FY2005 Upon MMS&C, by Councilmembers Rios and Sitarz RESOLUTION #04-64 "AUTHORIZING UEZ ADMINISTRATION BUDGET FOR FY2005" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION #04-65 was introduced by the Mayor and RESOLUTION#04-65 referred to the Council for action. ALrrHORIZING DEVELOPMENT TO Upon MMS&C, by Councilmembers Rios and Sitarz REQUEST FUNDING FOR FIRST AID RESOLUTION #04-65 SQUAD HIGI-IWAY SAFETY GRANT "AUTHORIZING CARTERET COMMUNITY APPLICATION DEVELOPMENT DEPARTMENT TO REQUEST FUND1NG FOR THE BOROUGH OF CARTERET FIRST AID SQUAD HIGHWAY SAFETY GRANT APPLICATION" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION # 04-66 RESOLUTION #04-66 was introduced by the Mayor and APPOINTING referred to the Council for action. CHERYL VALIANT- POLICE DISPATCHER Upon MMS&C, by Councilmembers Rios and Sitarz RESOLUTION #04-66 "APPOINTING PART TIME/PER DIEM PUBLIC SAFETY TELECOMMUNICATOR TRAINEE" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. 9 FEBRUARY 19, 2004 KESOLUTION#04-67 RESOLUTION #04-67 was introduced by the Mayor and AUTHORIZING THE referred to the Council for action. EXECUTION OF A COl 1 'ffCTIVE Upon MMS&C, by Councilmembers Rios and Sitarz BARGAINING AGREEMENT RESOLUTION #04-67 "AUTHORIZING THE EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krmn, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION#04-68 RESOLUTION #04-68 was introduced by the Mayor and AUTHORIZING referred to the Council for action. APPLICATION FOR DISCRETIONARy Upon MMS&C, by Councilmembers Rios and Sitarz FUNDING FROM CI)BG PROGRAM RESOLUTION #04-68 "AUTHORIZING APPLICATION FOR DISCRETIONARy FUNDING FROM CDBG PROGRAM" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION#04-69 RESOLUTION #04-69 was introduced by the Mayor and APPOINTING referred to the Council for action. MUNICIPAL ENGINEER Upon MMS&C, by Councilmembers Rios and Sitarz RESOLUTION #04-69 "APPOINTING MUNICIPAL ENGINEER" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. 10 FEBRUARY 19, 2004 RESOLUTION # 04-70 RESOLUTION #04-70 was introduced by the Mayor and AUTHORIZING THE referred to the Council for action. PLANNING BOARD TO CONDUCT AN Upon MMS&C, by Councilmembers Rios and Sitarz "IN NEED OF REDEVELOPMENT" RESOLUTION #04-70 STUDY "AUTHORIZING THE PLANNING BOARD TO CONDUCT AN "IN NEED OF REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12:12A-1 et seq." was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION #04-71 was introduced by the Mayor and RESOLUTION#04-71 referred to the Council for action. REQUESTING NJ TRANSIT REMOVE Upon MMS&C, by Councilmembers Rios and Sitarz BUS STOP, PERSHING & ROMANOWSKI RES OLUTION #04-71 "REQUESTING THAT NEW JERSEY TRANSIT REMOVE ITS BUS STOP LOCATED AT THE INTERSECTION OF PERSHING AVENUE AND ROMANOWSKI AVENUE" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. RESOLUTION #04-72 was introduced by the Mayor and RESOLUTION#04-72 AUTHORIZING BIDS referred to the Council for action. FOR ANNUAL SEWER SYSTEM Upon MMS&C, by Councilmembers Rios and Sitarz EMERGENCY SERVICES RESOLUTION #04-72 "AUTHORIZING BIDDING OF THE SEWER SYSTEM EMERGENCY SERVICE CONTRACT" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Parisi abstained. 11 FEBRUARY 19, 2004 RESOLUTION#04-73 RESOLUTION #04-73 was introduced by the Mayor and APPOINTING referred to the Council for action. MEMBERS TO THE HUMAN RELATIONS Upon MMS&C, by Councilmembers Rios and Sitarz COM/vlISSION RESOLUTION #04-73 "APPOINTING MEMBERS TO THE CARTERET HUMAN RELATIONS COMMISSION" was adopted. Upon individual roll call vote, Councilmembers ADOPTED Krum, Naples, Rios, Sitarz and Sosnowski voted in the affirmative. Councilmember Par/si abstained. PAYMENT OF BILLS Upon MMS&C, by Councilmembers Rios and Sitarz all bills appearing on the prepared list properly audited and signed were ordered to be paid. Upon individual roll vote, Councilmembers Krum, Naples, Par/si, Rios, Sitarz and Sosnowski voted in the affirmative. REPORTS The Clerk stated that she was in receipt of the following DEPARTMENT reports: 1. Board of Health-January2004 2. Inspection of Buildings-January2004 Upon MMS&C, by Councilmembers Sitarz and Rios and unanimous affirmative vote of the full membership present, all reports were ordered to be received and placed on file. STANDING BUILDINGS & GROUNDS: Committee Chairperson Naples COMMITIEES said the Community Center at the fire house has been cleaned up and painted. She said she met with the architect and the project manager for Borough Hall. She said they should go out to bid in about three weeks. FINANCE & ADMINISTRATION: Comanittee Chairperson Par/si said they are working on the budget for next year and the hearing will be held on March 11, 2004. He said they are working to have no tax increase this year. 12 FEBRUARY 19, 2004 FIRE: Committee Chairperson Krum said on February 14, 2004 STANDING the Fire Department held a Child Safety Seat Program and he COMMi'I'IEES gave the details. He reported progress. PARKS & RECREATION: Committee Chairperson Rios said the playground equipment would be installed shortly at Grant Avenue Park. He said they are trimming the trees on Carteret Avenue and in the park. He said they are getting ready for baseball season's Opening Day. He said a simulated cement wall was installed in Chrome Park. He spoke about the improvements made to that park. He said a large oak tree has been removed by Minue School which was struck by lightning a few years ago. He reported continued progress. POLICE: Committee Chairperson Sitarz spoke about the first high school class of police cadets that graduated on February 7th. He said it was a huge success and hoped the program would grow. He said signs have been erected in West Carteret and tickets have been issued to the trucks. He said the six recruits were attending the Police Academy. He spoke about the fire in the OEM building. He said the Community Watch schedule will be released shortly. He spoke about the gunlocks being given out by the Police Department with the Mayor's help. He reported progress. PUBLIC WORKS: Committee Chairperson Sosnowski said the Streets and Roads Department has used five tons of cold patch. He said if anyone has problems with pot holes they should call the Streets and Roads Department at 54t-3881. He said the Streetscape Project is progressing and the clock tower is up. He said the Sewer Department is working on cleaning catch basins. He said they are still doing smoke testing on sanitary lines in West Carteret. He said if anyone needs a catch basin cleaned they should call the Sewer Department at 541-3878. He reported progress. BOARD OF EDUCATION: Committee Chairperson Naples said the Swiftreach representative met with the Board of Education representatives. She said the superintendent's forum will be February 24th and gave the details. She said the DEP will hold a program for twenty five sixth graders where they will have fun learning about the environment and said the program will be held at the Carteret Waterfront. 13 FEBRUARY 19, 2004 PROCLAMATION: Mayor Reiman read the following proclamation: DISABLITIES AWARENESS DAY CARTERET DISABILITIES AWARENESS DAY "CARING AND SHARING" WHEREAS, the Carteret Office for the Disabled will hold its Seventeenth Annual "Carteret Disabilities Awareness Day" on Sunday, March 7, 2004 at the St. Demetrius Hall, Roosevelt Avenue, Carteret, New Jersey from 12:00 Noon to 4:00 P.M.; and WHEREAS, Carteret Disablilities Awareness Day is held as an informational and social gathering to be enjoyed by all who choose to attend; and WHEREAS, this event is only made possible through the combined efforts of many volunteers from non-profit organizations and Borough Departments and businesses within our community; and WHEREAS, this event is only made possible through the combined efforts of many volunteers from non-profit organizations and Borough Departments and businesses within our community; and WHEREAS, the Office for the Disabled continues to expand opportunities for Disabled Persons to achieve their goals, developing and using their capabilities. NOW, THEREFORE, I DANIEL J. REIMAN, MAYOR OF THE BOROUGH OF CARTERET do hereby proclaim SUNDAY, MARCH 7, 2004 CARTERET DISABILITIES AWARENESS DAY "CARING AND SHARING" FURTHERMORE, I urge the entire community to participate in said program making it a great success. MAYORREIMAN Mayor Reiman said tomorrow there will be a press conference COMMENTS at the waterfront. He said Senator Vitale will present a one million dollar check for the waterfront park he urged residents to attend. He spoke about the five thousand gunlocks we received that Carteret will be sharing with neighboring towns. He said residents will be able to pick up as many gunlocks as they need and no identification is required. He congratulated Don Norbut who was named the Municipal Engineer. He recognized Dale Leubner who is Don Norbut's assistant at T&M Associates. 14 FEBRUARY 19, 2004 At this time a hearing was held concerning a Planning Board Member. HEARING RE: REMOVAL OF PLANNING BOARD Mayor Reiman asked Jean Dato, Plannning Board member if CLASS IV MEMBER she was represented by legal counsel. Ms. Dato said she was not. Mr. Mezzacca, Esq., representing Jean Dato, apologized for being late, his notice stated 7:30 P.M. Mayor Reiman said they were just finishing up with the Council Meeting and would have waited fifteen minutes before starting. Mayor Reiman asked him to state his name for the record. May it please the Council, Lawrence J. Mezzacca, III, Edison, TRANSCRIBER'S New Jersey, on behalf of Ms. Dato." NOTES: AT THIS TIME, PER Borough Attorney Bergen said "Ms. Dato, I received a letter THE BOROUGH CLERK'S from an attorney by the name of John Cito, and spoke to him DIRECTION, THE on the phone. I am assuming that tonight you want to proceed HEARING WILL BE with Mr. Mezzacca as your attorney? Correct?" TRANSCRIBED VERBATIM Ms. Dato said "Yes, I do." Mayor Reiman said "Ms. Dato it is our understanding that you want this hearing in the Public Portion, is that correct?" Mr. Mezzacca said "That is fine." Mayor Reiman said "We received a letter from a Planning Board Member in regards to comments that were made after a Planning Board Meeting." He asked Mr. Diaz to come up front. Mr. Mezzacca said "I have a couple of comments if I could prior to the beginning of the heating." He said "I asked that these charges be dismissed based on failure to notice, I will site New Jersey Statute 40 A:14 147 and llA 213 among other statute and administrative code. Notice must include notice of the charges, notice must be specific, not vague, they must have facts, not just vague accusations of what happened. In addition notice must have the names of individuals who will be called as witnesses and in addition when serving notice you must also provide the documentation to be relied upon. If your board has a copy of the notice, the notice fails in that it does not set forth in what the exact allegations are nor do they include the persons are who will testify nor do they include any documentation that will be relied upon." Borough Attorney Bergen said "We will take Mr. Mezzacca's (inaudible) under advisement but it is my opinion that the statutes that he is reciting are not applicable in this particular case. We believe the charges that are given out pursuant to the municipal land use law for removal of a member of the 15 FEBRUARY 19, 2004 Planning Board set forth merely that you don't even have to HEARING have a hearing unless it is requested. In this case I believe the CONTINUED charges are specific enough to set forth the facts, the date of the incident, and we are here tonight to have a hearing to take whatever testimony is available and I think we can proceed based upon what you have in front of you." Mr. Mezzacca said "Secondly, I just like to ask for offer of proof as to what is going to be presented specifically where and when the comment allegedly take place, what was said and who was present." Mayor Reiman said "According to these letters that we have from Mr. Diaz and Mr. Black, Sr. there were four individuals present. Ms. Dato, Chet Bohanek, Mr. Donald Black, Mr. Jorge Diaz, comments allegedly took place January 28, 2004 after the conclusion of a regularly scheduled Planning Board meeting." Mr. Mezzacca said "That would be my understanding that it was after the meeting not during the meeting. Again ! request a dismissal based on the fact that the comment allegedly made was not made in public nor during part of the meeting but in private conversation in the hallway, that is my understanding." Mayor Reiman said "Mr. Diaz please come up." Mr. Mezzacca said "I assume that request is denied." Mayor Reiman said "Request denied. Borough Attorney Bergen said "Just for the record, the statute under which she is being removed is a general for cause statute that does not require that there being specific litigations you have to evaluate the charges of conduct in relationship with the nature of the office involved. You have to look actual or potential impairment to the public interest being served by who will make that decision. Mr. Reiman said "Mr. Diaz raise your right hand, do you solomenly swear to tell the truth the whole truth and nothing but the truth?" Jorge Diaz said "Yes I do." Borough Attorney Bergen said "Before we start (inaudible) a copy of the letter sent to the Borough ... Mr. Mezzacca said "I would like the record to reflect this is my first receiving of this and neither Ms. Dato, Mr. Cito nor I have ever seen this before this very minute." Borough Attorney Bergen said "We will give you time to look at it before we start." Borough Attorney Bergen said "Mr. Mezzacca would you like to take some time to review the letter prior to..." 16 FEBRUARY 19, 2004 Mr. Mezzacca said "Can I just have five minutes with my HEARING client?" CONTINUED Mayor Reiman said "There is a second letter also, if you would like to review it." Mr. Mezzacca said "Again let the record reflect that this is my first receipt of this letter also. Borough Clerk Barney asked if there ~vould be a recess at this point. Mayor Reiman said "We are going to take a five minute recess." Upon unanimous affirmative vote of the full membership RECESS present, the meeting was in recess at approximately 7:25 P.M. At approximately 7:35 P.M. the hearing was reconvened. Upon individual roll call, the following were noted present, HEARING Councilmembers Krum, Naples, Pafisi, Rios, Sitarz and RECONVENED Sosnowski. Borough Attorney Bergen said "I would just like to make note that Mr. Mezzacca has copies of the letters from Donald Black and Jorge Diaz and indicate that he said he never received these letters and this is the first appearance of Mr. Mezzacca in this matter to my knowledge.., in that I never contact him and Mr. Cito never asked for any information, I am assuming he would have been asking me for a request of discovery nothing ever came. I don't know when his representation of Ms. Dato was terminated and retained Mr. Mezzacca was retained. If Mr. Mezzacca wants more time to look at the letters he can take an opportunity to take more time." Mr. Mezzacca said "We can proceed." Mr. Reiman said "Mr. Diaz, Mr. Bergen." Borough Attorney Bergen said "We will have this marked as 'Dato 1' for these purposes we will clarify some information, Mr. Diaz I am just going to show you a letter written to the Mayor dated January 29, 2004. Please take a look at that and tell me if you recognize that document." Mr. Diaz said "I do." 17 FEBRUARY 19, 2004 Borough Attorney Bergen said "What do you recognize that HEARING document as?" CONTINUED Mr. Diaz said "This is the letter I wrote on January 29, 2004 to the Mayor and the Council with respect to the comments made to me on the last scheduled Planning Board meeting." Borough Attorney Bergen said "So you are a member of the Planning Board of the Borough of Carteret?" Mr. Diaz said "I am." Borough Attorney Bergen said "How long have you been a member of the Planning Board?" Mr. Diaz said "I have been a member of the Planning Board for a year." Borough Attorney Bergen said "Were you in attendance on the night of January 29th at the Planning Board meeting?" Mr. Diaz said "I was." Borough Attorney Bergen said "You serve on the Planning Board, does Ms. Dato also serve as a member of the Planning Board?" Mr. Diaz said "Yes that is correct." Borough Attorney Bergen said "Mr. Diaz your letter details an incident that happened after the Planning Board meeting, is that correct?" Mr. Diaz said "That is correct." Borough Attorney Bergen said "Do you want to describe for the members of the Council the incident that you witnessed?" Mr. Diaz said "Sure. First if I can give you a little bit of background as far as what was discussed at that Planning Board meeting, it comes into play as far as why she approached myself and two other individuals in the hallway after the meeting. There was an application I will not repeat the actual names on the application to keep their privacy. There was an application for a subdivision of a property where a variance was requested to build a duplex; no variance was required in case the owner wished to build a two family home. This was on Carteret Avenue. Many of the Plamfing Board members voted one way others voted the other way. In short the applicant did receive the approval of the board to go forward and build the duplex. The meeting was adjourned thereafter and as I was discussing a totally different matter with two new board members that night outside the courthouse in the hallway Ms. Dato approached us discussing her discontent with the manner in which some board members had voted. She proceeded to say why would we not vote in favor of a duplex which would foster homeownership rather than a two family. She continued to say that a two family, what would happen 18 FEBRUARY 19, 2004 with a two family is that the apartments would be rented to HEARING Puerto Ricans. I was set a back, I really didn't understand why CONTINUED that comment was made but I did ask her. I confronted her and said what does Puerto Rican residents have anything to do with that application? She immediately responded and said to me oh, I know your last name is Diaz. That prompted me to think one of two things, either she was very ignorant of the fact that that comment would be offensive. If that was the case and in this case ignorance would not be bliss, the other would be a total disregard for my ethnicity and the ethnicity of probably a quarter of the residents of this town. After I questioned her she said well what I mean is minorities and Section 8 residents. In that case I felt the hole was dug even deeper. To be quite honest with you I am not a confrontational person, I did give her the benefit of the doubt, I thought perhaps that the comment may have been made out of context or maybe she meant something else. But as I continued to think about how someone can rationalize that comment, I couldn't come up with any reason. There really wasn't any reason why a particular ethnicity or nationality would be brought into this conversation or have anything to do with the application discussed that night. After ! left I thought about it some more and I said I am not the type of person to sit back and allow that to happen. I understand and I will be the first to fight for anyone's freedom of speech. It is her right not to like Puerto Ricans or anyone else for that matter, however as a public official entrusted by this town to make decisions on a board objectively and unbiased it is my opinion that an individual sitting on a board who is entrusted to make objective and unbiased decisions, decisions that will ultimately be made or motivated by her intolerance to diversity and racial intolerance that cannot continue. That can not be tolerated, that can not be condoned, it would be a disservice not only to the Latin community, to the community at large but the entire reputation and credibility of the Planning Board and the Council. Therefore I did proceed with writing a letter, I submitted it to the Mayor and Council in hopes that something would be done tonight. I want to say that the dissenting opinion would like others to think that this was politically motivated and I believe that is absurd in no way shape or form did I precipitate this discussion, as a matter of fact, I was only listening as she was discussing this in the presence of two other board members and they are here as witnesses as well, Mr. Bohanek and Mr. Donald Black. It is in black and white, the comments were made, I can't think of any rational reason why that had anything to do with the application that night or for that matter why we voted one way or the other. I want to further say that this is not something that is in my case racially motivated from my stand point there are three victims here and Ms. Dato is not one of them. I am a victim, the Latin community is a victim and the Community at large is a victim. I moved to this town a little over two years ago and I fell in love with Carteret, I see it as a progressive community and in that progressive community there can not be individuals who are going to set us back." Mr. Mezzacca said "Is this conducive to what she is being charged with or what she isn't charged with or is this 19 FEBRUARY 19, 2004 HEARING (inaudible) of Mr. Diaz since it does not seem to be relevant to CONTINUED what the charge we are talking about here, about his love for Carteret. Borough Attorney Bergen said "This is not a criminal trial and Mr. Diaz is a member of the board and he is entitled to express his opinion about his service on the board. I think that goes to the consideration by this Council, again this is not a court of law, this is just a hearing." Mayor Reiman said "Mr. Diaz if you would please conclude and finish your story." Mr. Diaz said "In short, it is my hope tonight that the Council take this letter and my comments and hopefully the testimony of the two witnesses that were there that night, this was not fabricated in any form at all. Again this was not reciprocated on our behalf, these are comments made by Ms. Dato willingly and obviously without any remorse as she specifically stated that she knew I was a Hispanic. It was sort of like a slap in the face, don't do it for me, don't do it for the Latin Community do it for the board's integrity. In which its job it is to hear applications and to make decisions that are objective not based on someone's ethnicity, not based on their economic status, not based on whether they are a part of the minority community or any other community. In short, I hope that the board makes the right decision in removing her and sending a clear message to the rest of the community that Carteret will be and will continue to be a progressive community that will not tolerate racial intolerance and diversity intolerance." Mayor Reiman said, "Thank you Mr. Diaz, Council is there any questions for Mr. Diaz?" Councilmember Naples said "My one question Mr. Diaz is you did mention you did have discussions with Mrs. Dato after the meeting, questioning the comment, it wasn't just the letter." Mr. Diaz said "Can you repeat that, I am sorry." Councilmember Naples said "You did state that you did question Mrs. Dato at that point." Mr. Diaz said "I did." Councilmember Naples said "Okay." Mayor Reiman said "Counselor." Mr. Mezzacca said "Yes, thank you, Mr. Diaz, you were sitting with Mr. Bohanek, Mr. Black and yourself when Ms. Dato spoke, is that correct?" Mr. Diaz said "That is correct." Mr. Mezzacca said "Didn't the conversation go that there was disapproval of the duplex that Mr. Bohanek, you and Mr. 2O FEBRUARY 19, 2004 Black had all voted against. The reason for voting against it HEARING was that it would ruin the character of Carteret Avenue." CONTINUED Mr. Diaz said "That is correct." Mr. Mezzacca said "Okay and wasn't Ms. Dato speaking to you about the duplexes already there on Carteret Avenue?" Mr. Diaz said "Absolutely not." Mr. Mezzacca said "Well..." Mr. Diaz said "If you want me to discuss why she brought it up I will (inaudible)." Mr. Mezzacca said "My understanding is this and correct me if I am wrong. You just said that the conversation was about wrecking the character of Carteret Avenue." Mr. Diaz said "That is correct." Mr. Mezzacca said "And Carteret Avenue as it sits now there are a lot of duplexes there already correct." Mr. Diaz said "On Carteret Avenue, not that I know of." Mr. Mezzacca said "Not that you know of." Mr. Diaz said "That is correct." Mr. Mezzacca said "How long have you been in town now?" Mr. Diaz said "Over two years." Mr. Mezzacca said "So it is possible that you may not know about them?" Mr. Diaz said "It's possible." Mr. Mezzacca said "And is it also possible that you may not know that the duplexes are predominately rented to minorities in Section 8 Housing?" Mr. Diaz said "Possible as well." Mr. Mezzacca said "But you don't know that." Mr. Diaz said "These duplexes would be sold to single family ownership." Mr. Mezzacca said "So the mere statement that the current duplexes which you know nothing about are rented by primarily minorities and Section 8 residents..." Mr. Diaz said "No, the statement was that ifa two family rather than a duplex was built the apartments would be rented to Puerto Ricans. When I asked what she meant by that or what 21 FEBRUARY 19, 2004 HEARING CONTINUED that had to do with the application, she further explained what I meant was minorities and Section 8. Now to answer your question if I may." Mr. Mezzacca said "I did not finish my question but you go ahead." Mr. Diaz said "Well I want to continue answering the question that you first asked as far as the duplex was concerned. The discussion arose from her disapproval of another application. An applicant that has been building duplexes around town, he is of Indian decent. The comment was how do you approve his and not this one?" Mr. Mezzacca said "Right and then the response was because he did not want to upset the character of Carteret Avenue." Mr. Diaz said "That is correct." Mr. Mezzacca said "Which you know nothing about whether there are duplexes there or not." Mr. Diaz said "The only reason I didn't repeat that in my original statement was because the insinuation was there but it wasn't.., this is my stipulation, but it was there." Mr. Mezzacca said "So in discussing the character of Carteret Avenue basically Ms. Dato just stated what the character of Carteret Avenue was isn't that correct?" Mr. Diaz said "And that character of Carteret Avenue would be changed by Puerto Rican families." Mr. Mezzacca said "No, I didn't say that, I said she merely stated the fact that the current duplexes are rented predominantly by minorities and Section 8 Housing which you don't know anything about." Mr. Diaz said "The single family ... or two family apartments would be rented to Puerto Ricans, minorities and Section 8 residents" Mr. Mezzacca said "And she didn't say anything disparaging about Puerto Ricans, minorities and Section 8 residents?" Mr. Diaz said "No, the simple fact that she mentioned that if that were to be denied any two family home were to be built; that as a result those apartments would be rented to Puerto Ricans, minorities and Section 8 residents." Mr. Mezzacca said "And you took that statement as derogatory toward Hispanics." Mr. Diaz said "Absolutely." 22 FEBRUARY 19, 2004 HEARING Mr. Mezzacca said "Okay, that's all I have. Oh, I'm sorry this CONTINUED is all that went on out in the hallway after the meeting was over. No public was around or anything right." Mr. Diaz said "The only public would be the two new board members who were here on their first night on the Planning Board. So what an introduction that was." Mayor Reiman said "Mr. Bohanek would you come up." Mr. Diaz said "Mr. Bohanek would you raise your right hand. Do you solemnly swear to tell the troth, the whole troth and nothing but the troth?" Chester Bohanek said "Yes." Mayor Reiman said "Please have a seat. State your name and spell your last name for the record." Mr. Bohanek said "Chester Bohanek." Mayor Reiman said "Mr. Bohanek we don't have a letter from you that I have seen but I understand that you were a witness at this alleged.., in regards to these allegations. Would you tell us in your view what happened outside the Planning Board meeting on January 28th.'' Mr. Bohanek said "I believe it started as a total innocuous conversation, hi, how ya doing. She had called my house earlier in the day or the day before. I don't believe I had ever met her before." Borough Attorney Bergen said "Mr. Bohanek I don't mean to interrupt you but I am assuming when you refer to her, just for the records we just (inaudible) Ms. Dato." Mr. Bohanek said "Ms. Dato, yes. And all of a sudden the conversation turned to the vote that was made during the Planning Board meeting in regard to the duplex that was granted on Carteret Avenue. She said that if there would be a two family house the owner would rent to Puerto Ricans. I thought that to be offensive they are . . . in a nutshell that's what was happening." Mayor Reiman said "I image the conversation went a bit further." Mr. Bohanek said "Yes, it did go a little bit further but that was the general gist of the conversation." Mayor Reiman said "Are there any questions from the Council? Counsel." Mr. Mezzacca said "Again Mr. Bohanek this took place after the meeting out in the hallway, correct?" Mr. Bohanek said "Yes sir." 23 FEBRUARY 19, 2004 HEARING Mr. Mezzacca said "And they were talking about the character CONTINUED of Carteret Avenue, in fact it was you that the reason for the no vote was to preserve the character of Carteret Avenue, is that correct?" Mr. Bohanek said "That is correct." Mr. Mezzacca said "And consequently you, Mr. Black and Mr. Diaz were the three no votes, is that correct?" Mr. Bohanek said "Three of the no votes. There were four no votes." Mr. Mezzacca said "Four no votes, is that correct." Mr. Bohanek said "That is correct." Mr. Mezzacca said "That is all I have." Mayor Reiman said "Thank you Mr. Bohanek." Borough Attorney Bergen said "Does your recollection of this incident differ in any way from Mr. Diaz's?" Mr. Bohanek said "No sir." Mayor Reiman said "Thank you. Mr. Donald Black, Sr. Good evening Mr. Black, would you raise your right hand. Do you solemnly swear to tell the truth the whole truth and notking but the truth?" Donald Black said "I do." Mayor Reiman said "Please (inaudible). Mr. Bergen." Borough Attorney Bergen said "Mr. Black ! am just going to show you for the record what has been marked here as 'D-2', it has to be marked for the record. The letter appears to be from you dated on February 2, 2004. Do you recognize that document, did you write that document, did you send it to the Mayor and Council?" Mr. Black said "Yes I did." Borough Attorney Bergen said "Mr. Black you heard the testimony from the two prior witnesses have you not?" Mr. Black said "Yes I did." Borough Attorney Bergen said "The details of your letter discuss the conversation with that was just testified to by the two other witnesses." Mr. Black said "Yes." Borough Attorney Bergen said "Tell us what, if you need to use this letter to refresh your recollection or if you don't, that is 24 FEBRUARY 19, 2004 HEARING fine, but can you tell us the facts and circumstances CONTINUED surrounding the incident you were involved in on the 29th.'' Mr. Black said "To reiterate on what Mr. Diaz and Mr. Bohanek said as well. I was there, I am new at this as you know and it was something of a setback somewhat to be involved in the whole ordeal and this evening as well. What happened happened as Mr. Diaz and Mr. Bohanek said and as I stated in my letter." Mayor Reiman said "Mr. Black do you know Ms. Dato?" Mr. Black said "No." Mayor Reiman said "Did you know her prior to the meeting? Mr. Blacek said "No." Mayor Reiman said "If you would tell us in your own words what happened outside the Planning Board meeting. Mr. Black said "We were conversating about general things of the day perhaps and Ms. Dato came up and inquired about the vote the way we did (inaudible)." Mayor Reiman said "What comment did she make?" Mr. Black said "She said she was upset about why we had voted the way we did and that we were doing it to spite the ethnic people. It was totally unbiased." Mayor Reiman said "Councilmembers, you have a copy of the letter are there any questions for Mr. Black?" Councilmember Pafisi said "Mr. Mayor, I do not have a copy of the letter and ! am not sure if it was put in our mailboxes or not but I did not receive a copy of the letter. Plus I did not go to my mailbox for something of this magnatitude, I would imagine it would have been delivered to us. (inaudible)" Councilmember Rios said "Mr. Par/si I disagree with you there, we have our mailboxes in Borough Hall and (inaudible) to get our mail." Councilmember Parisi said "That is one separate issue." Mayor Reiman said "Counselor do you have any questions for Mr. Black?" Mr. Mezzacca said "I am sorry, I didn't realize." Councilmember Rios said "Mr. Black and you yourself took these comments to be offensive?" Mr. Black said "Yes." 25 FEBRUARY 19, 2004 HEARING Councilmember Rios said "Did you make any kind of CONTINUED comment to Ms. Dato?" Mr. Black said "No I didn't." Councilmember Rios said "That's all." Borough Attorney Bergen said "Just so we get it clear for the record the letter was just for the fact that it was sent to Mayor and Council what is important here is his testimony tonight not what he wrote in his letter. I just asked if he needed his letter to refresh his recollection. Mr. Black you wrote in your letter that Ms. Dato instead of voting for the duplex that we, that you, I am assuming she is referring to you. Is that your intent here, we she says we?" Mr. Black said "Yes." Borough Attorney Bergen said "The vote is for a developer who is building a two family house that would be rented to Puerto Ricans, minorities and Section 8 people, is that what you recollect?" Mr. Mezzacca said "Is the Counsel refreshing his recollection, he certainly has his letter, he wrote it, you have a copy of it, are you reading into.., and you said the letter wasn't important. It's his testimony, so." Borough Attorney Bergen said "That's why I'm asking him what his testimony is. Mr. Mezzacca said "You just read him what his testimony was." Mayor Reiman said "Counsel do you have any questions of the Mr. Mezzacca said "Yes I do. Mr. Black them was nothing derogatory said about Puerto Ricans, minorities and Section 8 Housing was there?" Mr. Black said "Yes there was." Mr. Mezzacca said "She didn't say we have to get rid of the Puerto Ricans or minorities did she? She merely said that the character of Carteret Avenue is in fact rented by minorities and Section 8 Housing, is that what she said?" Mr. Black said "I believe so." Mr. Mezzacca said "That's all I have. And out in the hallway, correct, after the meeting?" Mr. Black said "Correct." Mr. Mezzacca said "Thank you." 26 FEBRUARY 19, 2004 Mayor Reiman said "Thank you Mr. Black. Mrs. Dato is it HEARING your intent to seek counsel in this event." CONTINUED Jean Dato said "I don't even want to go into this, I mean it is.." Mr. Mezzacca said "I am simplifying (inaudible)" Mayor Reiman said "Counselor do you have anything?" Mr. Mezzacca said "I would reiterate my application for dismissal based on what I opened up with, in addition, the lack of any notification of who was to testify or what the two letters I was handed this evening were not included with any notice. Removal of a board member, I did some case research on it, there is one case that I came up with that seems to be the controlling case. Of Galame verse Cardinale. That was where a board member was absent for ten months or so and (inaudible). The basis for removal is in (inaudible) of this particular situation but the standards are certainly a board member can be removed for outright misconduct, criminal misconduct, misconduct in office things that are undoubtedly and uncontrovertibly against the public. In this type of case we are talking about now the board member has to be removed for cause and the cause, and again I am quoting from the case where the dereliction is charged therefore it is not of an intrinsically reprehensible character the determination of whether a specific act or admission constitutes cause or removal requires an evaluation of the conduct in terms of relationship of the nature of the office itself and in that context an appraisal of the actual potential impairment of the public interest which may expected to result from the conunents and questions. This was conduct that was not even done in the board room this was in private conversation between three of the four board members out in the hallway afterwards. I have not heard from any witness, I will venture to say Mr. Diaz has a special interest in this matter and he seems a little super sensitive as to any thing that is said about Hispanics. Mr. Black seemed to be the most forth right in saying that she said she characterized what the character of Carteret Avenue was. All witnesses said that they were talking about what the character of Carteret Avenue area was and how they were trying to preserve that. Given that with the complete lack of publicity on the matter, not done in the public forum, not done as a board member, done in a private conversation outside of the board after the meeting as admitted, out in the hallway, no public was even present, no one even heard this except Mr. Diaz, Mr. Black and Mr. Bohanek. There is no impairment of the public interest which is going to result.., which will result in this. In fact she voted in favor of the duplex as a result I submit to you that you should not remove Ms. Dato from the position on the Planning Board." Mayor Reiman said "Mr. Bergen." Borough Attorney Bergen said "There are two issues as your attorney if you wish I can discuss this matter with you in closed session. Any deliberations should be in open session, but as 27 FEBRUARY 19, 2004 HEARING your attorney I can give you advise on the law which I can tell CONTINUED you differs from the opinion that is rendered here tonight by Mr. Mezzacca (inaudible) will certainly be will to do that for you. I think ultimately deliberations will be made public so if you would like to do that first or if you would like me to present my opinion of the law in public we could do that also." Mayor Reiman said "I have no objection if the Council would like to stay in open. Is there anyone from the Council who would like to go into closed session? Mr. Bergen, your opinion of the law." Borough Attorney Bergen said "I will cite from the very same case Mr. Mezzacca cited for you. Cause in this context is highly specific charge unlike certain statutes which was set forth in detail what particular conduct can constitute removal from office cause in this particular case is a much more elastic term. In it's cause that such cause has (inaudible) sufficient under the law and sound public policy and has reference to a substantial cause touching qualifications appropriate to the office of employment or its administration. It also necessarily implies such degree of misconduct or culpability on the part of the officer as clearly implicates the public interest and precluding in this case it was a gentlemen, his continuance in that particular office. It also in making your evaluation, in my opinion, looking for cause, you have to understand the cause of removing someone for cause is a remedial proceeding and you have to evaluate the conduct in the context of actual or potential impairment of the public interest which may be expected to result in that conduct in question. So by that I mean you can consider both its actual effect on the functioning of the board or the potential effect this type of conduct may have on the board and remove him by choosing whether or not to remove Ms. Dato from the board. And basically in this context cause is a very elastic term. Again you need to evaluate the nature of the position that she holds, the functioning of the board and make your determination as to whether or not you think that conduct had either action or may have potential to effect; the function of the board in the future." Mayor Reiman said "Council you are now in deliberations. We are in the public forum, are there any thoughts, comments?" Councilmember Naples said "My concern is race entering into this issue. I don't even know how race (inaudible) has any place on the board. That is my concern." Mayor Reiman said "I concur, the defense isn't that comments weren't made, but that it was outside the public forum, that it was not at an actual Planning Board meeting. And regardless of whether it was at an actual Council meeting or not we are made to believe that race would (inaudible) of maybe taken into consideration as a factor and either voting for or against applications in the past currently or certainly in the future." 28 FEBRUARY 19, 2004 Councilmember Rios said "I think that comments like this can HEARING only be interpreted in the one way, one way only. I don't want CONTINUED to blow this thing out of proportion and make it a major issue here in town because we have a lot of positive things going on in town. But I think there is only one way that you can interpret this and that is in a derogatory manner." Mayor Reiman said "I have had the opportunity to serve on the board with Ms. Dato in the past five or six years. And until this came up I never suspected or had heard any derogatory comments from her but as the Mayor of the commtmity, as a board member I am also outraged, I think it is disgusting. I don't think this Council or this cormnunity should have to put up with any comment, derogatory comment made towards any ethnic group in the community. And I believe that the comment was made, it was derogatory against members of the Hispanic community. I believe that was what the vote was based upon indifferent of what the application was at that point in time. I would recommend to this Council that Ms. Dato be removed as a Class 4 Member of the Planning Board." Councilmember Rios said "I will make that a motion." Borough Attorney Bergen said "Just before you do this, just so we can clarify, the charges lodged against Ms. Dato are misconduct, improper and inappropriate conduct, conduct unbecoming a Municipal Official. Specifications of the charges sent to Ms. Dato were that on or about January 28, 2004 she did express improper and inappropriate comments of a derogatory and offensive nature towards certain national, ethnic and socio-economic groups in relation to an application that was before the Carteret Planning Board. It is reasonably likely to be perceived by the public as improperly influencing her decision on that application and on future applications that may come before the board. When you vote tonight you should understand that you have found that on January 28th that the conduct that was testified here tonight did actually occur and the comments that were testified to did actually occur, that you did find them to be improper and inappropriate and that they were also related to certain ethnic and socio-economic groups and that you believe that this conduct is likely to either have effected input on that decision or may effect input on future applications and the public interest that's served by that particular board. For those of you who need the findings if you are voting to remove her, you should be clear that you have reached those conclusions in your own minds." Councilmember Parisi said "Mr. Mayor, might I be allowed to ask one question please which just came to mind just to make sure that I am clear on things? On that particular application, Ms. Dato voted yes for the application, to approve that duplex on Carteret Avenue?" Mr. Mezzacca "That is con:ect." Councilmember Parisi said "Thank you." 29 FEBRUARY 19, 2004 HEARING Mayor Reiman said "The allegiation is that the duplex is better CONTINUED than a two family because the two family according to the testimony would lead to Puerto Ricans, minorities, etc." Councitmember Parisi said "I didn't get that at all." Mr. Mezzacca said "That is not what was testified to." Same Unidentified Voice said "I did not get that at all." An unidentified voice said "That was exactly what I said, what the letter said." Inaudible, more than one person speaking at the same time. Councilmember Rios said "I have a motion on the floor Mr. Mayor." Mayor Reiman said "Poll the Council." Upon MMS&C, by Councilmembers Rios and Sitarz a motion was made to remove a Class IV member from the Carteret Planning Board. RESOLUTION#04-74 RESOLUTION #04-74 was introduced by the Mayor and REMOVING CLASS IV referred to the Council for action. MEMBER FROM THE CARTERET Upon MMS&C, by Councilmembers Rios and Sitarz PLANNING BOARD RESOLUTION #04-74 "REMOVING CLASS IV MEMBER FROM THE CARTERET PLANNING BOARD" ADOPTED was adopted. Upon individual roll call vote, Councilmembers Krum, Naples, Rios and Sitarz voted in the affirmative. Councilmembers Parisi and Sosnowski voted no. COMMENTS Councilmember Parisi said "Basing on the testimony here and what my interpretation of, although Mr. Rios might disagree. Although the comment probably should not have been made obviously and maybe explained a little differently I don't think the intent was there, or to be derogatory towards Hispanics or any one. I think Ms. Dato voted yes for that because she... and she was saying to the gentlemen outside . . . to kind of explain why she felt it should have been done for that ethnic group as a positive to be able to be a resident in that, on Carteret Avenue, in there, because that particular ethnic group evidently is on Carteret Avenue as well as in other residences and I don't know either to be quiet honest, I don't know, I am 30 FEBRUARY 19, 2004 just taking it on what I am hearing as well. I don't believe COMMENTS again it was intended that way and since the vote was for (inaudible) and it was kind of for the application to be approved for that group to possibly be residing there on Carteret Avenue, I don't see ho~v it could be a negative thing towards that ethnic group. So my vote is no." Councilmember Rios said "Mr. Parisi, you are contradictory from the word go. You just said yourself that that statement should have not been said." Councilmember Parisi and Rios began arguing at this point and Mayor Reiman asked them to stop and told Councilmember Rios to continue. Councilmember Rios said "Mr. Parisi, you made a statement that she should not have made that comment and yet you voted against it. I don't understand, you are contradicting yourself." Councilmember Parisi said "Mr. Rios, if you want to go back and forth with me, we can do this all night. You can make your vote based on what you are hearing, what you read, the way I understand, in my interpretation, is that I don't feel that this was warrant for her to be removed from the board. That is my opinion." Mayor Reiman said "Councilmembers, you may keep your remarks only on the item (inaudible, unidentified voice interrupted) and only on your own vote." Councilmember Rios said "I think that it was meant in a derogatory manner, it outraged a lot of people in our community here, our community as a whole of Carteret. I am not talking just one ethnicity, I don't think that these kinds of comments should be tolerated. I vote yes." Mayor Reiman said "Mr. Bergen." Borough Attorney Bergen said "Motion carries, Ms. Dato will be removed from the Planning Board." Mayor Reiman said "Ms. Barney, you will sent a notice tomorrow to the Planning Board Chairman or the Planning Board Clerk notifying them of the removal of Ms. Dato as a Class 4 Member of the Planning Board." 31 FEBRUARY 19, 2004 ADJOURNED There being no further business or discussion, upon MMS&C, by Councilmembers Rios and Naples and unanimous affirmative vote of the full membership present, the meeting was adjourned at approximately 8:07 P.M. '/-KA3~HLEEN M.'B'_d_R~EY, RM~,~IC ~ Municipal Clerk ~ KMB/cp 32