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