HomeMy Public PortalAbout2002/09/05 SEPTEMBER 5, 2002
The Regular Meeting of the Mayor and Council of the Borough of COUNCIL MEETING
Carteret was called to order by Mayor James A. Failace approximately
7:30 P.M. on Thursday, September 5, 2002, Municipal Court/Police
Facility, 230 Roosevelt Avenue, Carteret, New Jersey.
Upon individual roll call, the following were noted present: ROLL CALL
Councilmember Daniel Reiman " Ronald Rios
,' Janet Santoro
Buddy Sohayda
" Brian Sosnowski
Also noted present was Borough Attorney Robert J. Bergen, Esq.
Noted absent was Councilmember Frank Parisi. NOTED ABSENT
The meeting was opened with a moment of Silent Prayer and The PRAYER, PLEDGE
Pledge of Allegiance led by Mayor James A. Failace. OF ALLEGIANCE
The Clerk stated that on August 30, 2002, in full compliance with the STATEMENT OF
Open Public Meetings Act, a notice of tonight's meeting was sent to MEETING NOTICE
-- The Home News Tribune, The Star-Ledger and posted on the bulletin
board.
Upon MMS&C, by Councilmembers Reiman and Rios and unanimous APPROVAL OF MINUTE*¢
affirmative vote of the five (5) Councilmembers present, the minutes
of August 15, 2002 were approved as transcribed and engrossed by the
Clerk.
Councilmember Sohayda presented the Award of Excellence plaque to PRESENTATION
Brian O'Connor for the Carteret Fire Department. FIRE DEPARTMENT
Mayor Failace asked if Iquan Williams was present.
Upon MMS&C, by Councilmembers Santoro and Sohayda and MOTION TO AMEND
unanimous affirmative vote of the five (5) Councilmembers present, a AGENDA: FIRST
motion was made to amend the Agenda to add a presentation to Iquan HOME RUN OF SEASON
__ Williams for hitting the first home run of the season.
MayorFailacecongraml~edlquanand madethepresentation. PRESENTATION
FIRST HOME RUN
OF BASEBALL SEASO~
~TE~BER S, 2002
IDINANCE ~:02-20 The Clerk stated that Ordinance #02-20 was introduced and adopted
Iil~I~IG O31~, ~ILRTI~ on First Reading and the Clerk authorized and directed to advertise
LICI~ISII~ RIKlllATIIZglS same for Public Heating to be held on September 19, 2002, upon
~ 71 ElqTI:tLI~ MMS&C, by Councilmembers Rios and Reiman. Upon individual roll
~FI2LIC ~ call vote, Councilmembers Reiman, Rios, Santoro, Sohayda and
Sosnowski voted in the affirmative. Councilmember Parisi was noted
absent.
ORDiNANCE #02-20
,,AN ORDINANCE AMENDING ARTICLE I, 'LICENSE
REGULATIONS' OF CHAPTER 71 ENTITLED
--ALCOHOLIC BEVERAGES_OF THE CODE OF
THE BOROUGH OF CARTERET"
Councilmember Santoro said there were a lot of people at the last
meeting for this and asked if the Council has reached out to these
people.
Borough Attorney Bergen said someone was at the Agenda Meeting
from Vento' s.
Councilmember Santoro asked if the man felt comfortable the way the
fees would be raised per this Ordinance.
Borough Attorney Bergen said there is a cap of two thousand dollars
and the law only allows towns to go up twenty percent or five hundred
dollars whichever is less. He explained and said they are going by
what the Statute read.
The Clerk stated that Ordinance #02-21 was introduced and adopted
ORIIlNA~CE #02-21 on First Reading and the Clerk authorized and directed to advertise
Affi~II~ ShLfiRY same for Public Hearing to be held on September 19, 2002, upon
ClID~ #?1-9, RE: MMS&C, by Councilmembers Santoro and Rios. Upon individual roll
II21~ICg CttlFF call vote, Councilmembers Reiman, Rios, Santoro, Sohayda and
Sosnowski voted in the affirmative. Councilmember Parisi was noted
absent.
ORDINANCE #02-21
"AN ORDINANCE TO AMEND ORDINANCE #71-9
ESTABLISHiNG SALARY SCHEDULES AND FIXING
THE MANNER OF pAYMENTS OF SALARIES FOR
VARIOUS OFFICIALS AND EMPLOYEES OF
THE BOROUGH OF CARTERET"
SEPTEMBER 5~ 2002
Councilmember Santoro said this was from last year, he did not get a COMMENTS
salary increase. She said the chief is doing an excellent job and this
was well deserved.
__ Borough Attorney Bergen said with regard to the next Ordinance, the
Council would close the hearing. He said his recommendation was
given the introduction of the other Ordinance, unless the Council
wanted this Ordinance to move forward, no one would take any action
and the Ordinance would die from lack of a second on the final
adoption.
Mayor Failace asked for a motion on Ordinance #02-18. ORDINANCE ~02-18
No motion was made. NO MOTION MADE
A copy of each Resolution was placed on the table for review prior to MEETING OPENED
the meeting in accordance with the Rules of Council and upon PUBLIC INPUT ON
MMS&C, by Councilmembers Sosnowski and Reiman and unanimous ALL RESOLUTIONS
affirmative vote of the five (5) Councilmembers present, the meeting
-- was opened for public input on all Resolutions.
Councilmember Santoro made a motion to amend the Agenda to add MOTION TO AMEND
Resolution #02-329, authorizing T & M, emergency work at the Hot TIlE AGENDA RE-'
House in Carteret Park, not to exceed $5,000.00. RESOLUTION #02-329
Borough Attorney Bergen said that is in regard to the sanitary sewer
lines.
Upon MMS&C, by Councilmembers Santoro and Rios and unanimous
affirmative vote of the five (5) Councilmembers present, a motion was
made to amend the Agenda to add Resolution #02-329.
There being no comments or objections to the Resolutions, the Mayor MEETING CLOSED
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Reiman and unanimous affirmative vote of
the five (5) Councilmembers present.
The Borough Clerk asked if any Councilmembers wanted any CONSENT AGENDA
Resolutions to be taken offthe Block Vote and asked for a motion.
?TEMBER 5s 2002
Upon MMS&C, by Councilmembers Reiman and Sohayda and
unanimous affirmative vote of the full membership present,
Resolutions #02-322 to #02-329 were approved. Councilmember
Sosnowski abstained on Resolution #02-328.
Councilmember asked to add a name to Resolution #02~327,
)MMENTS appointing Joe Novakowski a member of the UEZ Advisory Board.
Borough Attorney Bergen said he could not amend the Resolution, he
would have to amend the Agenda to add an additional Resolution,
naming this man to the UEZ Advisory Board.
Upon MMS&C, by Councilmembers Rios and Santoro and unanimous
OTION TO affirmative vote of the five (5) Councilmembers present, a motion was
MEND AGENDA made to amend the Agenda to add Resolution #02-330.
E: RESOLUTION
02-330
Upon MMS&C, by Councilmembers Rios and Reiman and unanimous
IEETING OPENED
'UBLIC INPUT affirmative vote of the five (5) Councilmembers present, the meeting
IN RESOLUTION was opened for public input on Resolution #02-330.
-[02-330
4EETING CLOSED There being no comments or objections to the Resolution, the Mayor
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Sosnowski and Reiman and unanimous affirmative
vote of the five (5) Councilmembers present.
Mayor Failace introduced Resolution #02-330 and referred to the
RESOLUTION ~02-330 Council for action. Upon MMS&C, by Councilmembers Rios and
ADOPTED Reiman Resolution #02-330 was adopted. Upon individual roll call
TRANSCRIBER! S NOTE:
FOR THE SAKE vote, Councilmembers Reiman, Rios, Santoro and Sosnowski voted in
OF CONTINUITY the affirmative. Councilmember Sohayda voted no. Councilmember
TIlE RESOLUTIONS Parisi was noted absent.
ARE IN CIIRONOLOGICAL
ORDER IN THIS MEETING
SEPTEMBER 5, 2002
RESOLUTION//02-322 was introduced by the Mayor and referred to RESOLUTION t1~02,322
the Council for action. CF VARIOUS ~
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-322
"DIRECTING THE ISSUANCE OF RAFFLE LICENSES TO
CARTERET HIGH SCHOOL BAND PARENTS ASSOCIATION"
was adopted. Upon individual roll call vote, Councilmembers Reiman, ADOPTED
Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Parisi was noted absent.
RESOLUTION #02-323 was introduced by the Mayor and referred to RESOLUTION #02-323
the Council for action. TO SOPtI31~ A-273,
Upon MMS&C, by Cotmcilmembers Reiman and Sohayda EXIb-II~ PRIOR IO 2002
-- RESOLUTION #02-323
"URGING THE NEW JERSEY LEGISLATURE TO SUPPORT
A-273 TO RETURN POLLING HOURS TO THE TIMES
THAT EXISTED PRIOR TO 2002"
was adopted. Upon individual roll call vote, Cotmcilmembers Reiman, ADOPTED
Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Padsi was noted absent.
RESOLUTION #02-324 was introduced by the Mayor and referred to RESOLUTION #02-32t
the Council for action, lClIROtASE Ct* ~
TRt~C}~RY PIC~
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-324
-- "AWARDING CONTRACT FOR PURCHASE OF A
BUCKET TRUCK/CHERRY PICKER"
was adopted. Upon individual roll call vote, Councilmembers Reiman, ADOPTED
Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Parisi was noted absent.
?TEMBER 5, 2002
RESOLUTION #02-325 was introduced by the Mayor and referred to
;SOLUTION #02-325 the Council for action.
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-325
"AUTHORIZING EXTENSION OF LEASE WITH
THE CARTERET P.B.A.
was adopted. Upon individual roll call vote, Councilmembers Reiman,
DOPTED Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Parisi was noted absent.
RESOLUTION #02-326 was introduced by the Mayor and referred to
~ESOLUTION ~:02-326 the Council for action.
[P~'iC (tlAIII)
[I4E 2002-2003 Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-326
"APPOiNTiNG pART-TIME SCHOOL TRAFFIC GUARD
FOR THE 2002-2003 SCHOOL SEASON"
was adopted. Upon individual roll call vote, Councilmembers Reiman,
~.DOPTED Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Parisi was noted absent.
RESOLUTION #02-327 was introduced by the Mayor and referred to
RESOLUTION #02-327 the Council for action.
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-327
"APPOiNTING MEMBERS TO THE UEZ-ZONE
DEVELOPMENT CORPORATION"
was adopted. Upon individual roll call vote, Councilmembers Reiman,
/~DOPTlgD Rios, Santoro, Sohayda and Sosnowski voted in the affirmative.
Councilmember Parisi was noted absent.
SEPTENBER 5, 2002
RESOLUTION #02-328 was introduced by the Mayor and referred to RESOLUTION #02-328
AI/IF~RIZII~ ~A.Wi~ CF
the Council for action. APPLICATIG[~I ~ l~ua
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-328
"AUTHORIZING THE WAIVER OF APPLICATION FEES FOR
THE CARTERET BOARD OF EDUCATION"
was adopted. Upon individual roll call vote, Councilmembers Reiman, ADOPTED
Rios, Santoro and Sohayda voted in the affirmative. Councilmember
Sohayda abstained. Councilmember Parisi was noted absent.
RESOLUTION #02-329 was introduced by the Mayor and referred to RESOLUTION #02-329
the Council for action. ~l.'ttt ~ SH,/Hi
SERVIC~; FOR
Upon MMS&C, by Councilmembers Reiman and Sohayda
RESOLUTION #02-329
"APPROVING CONTRACT WITH OSWALD SEWER SERVICES
FOR EMERGENCY REPAIRS"
was adopted as amended. Upon individual roll call vote, ADOPTED
Councilmembers Reiman, Rios, Santoro, Sohayda and Sosnowski
voted in the affirmative. Councilmember Parisi was noted absent.
RESOLUTION #02-330 was introduced by the Mayor and referred to RESOLUTION #02-331
the Council for action. TO THE /EZ-Z/Iti/
Upon MMS&C, by Councilmembers Rios and Reiman
RESOLUTION #02-330
"APPOINTING MEMBERS TO THE UEZ-ZONE
-- DEVELOPMENT CORPORATION"
was adopted. Upon individual roll call vote, Councilmembers Reiman, ADOPTED
Rios, Santoro and Sosnowski voted in the affirmative.
Councilmember Sohayda voted no. Councilmember Parisi was noted
absent.
?TEMBER 5, 2002
The Clerk stated that she was in receipt of an application from
~PPLICATIONS: Volunteer Fire Co. #2 approving a new member, Joel Rosado. Upon
fOLIJNTEER FIRE MMS&C, by Councilmembers Rios and Sosnowski and unanimous
). #2 APPROYtkL affirmative vote of the (5) five Councilmembers present it was ordered
.z NE}/ MEMBER
3EL ROSADO to be received and placed on file.
The Clerk stated that she was in receipt of a Communication from the
OMMIINICATIONS: Boroughs of Milltown and Sayreville-Resolutions supporting A-273,
ILLTOI~I '
AYREVILLE return of polling hours to t~mes that existed prior to 2002.
The Clerk stated that she was in receipt of a Communication from the
;OUTtt BRUNSI~IICK Township of South Brunswick-Resolution urging changes to the
Migratory Bird Treaty Act.
Upon MMS&C, by Councilmembers Sosnowski and Rios and
unanimous affirmative vote of the five (5) Councilmembers present all
Communications were ordered to be received and placed on file.
Mayor Failace asked if we did something on the polling hours last
COMMENTS year.
Borough Attomey Bergen said we adopted the same Resolution
tonight.
PAYMENT OF BILLS Upon MMS&C, by Councilmembers Rios and Reiman all bills
appearing on the prepared list properly audited and signed were
ordered to be paid. Upon individual roll call vote Councilmembers
Reiman, Rios, Santoro, Sohayda and Sosnowski voted in the
affirmative. Councilmember Parisi was noted absent.
REPORTS The Clerk stated that she was in receipt of the following reports:
DEPARTMENTS
1. Clerk's Office-August 2002
2. CFO-2002 Tax Anticipation Note
3. Carteret Library-Audit Report 2000 & 2001
4. Social Services-June & July 2002
Upon MMS&C, by Councilmembers Rios and Sosnowski and
unanimous affirmative vote of the five (5) Councilmembers present,
all reports were ordered to be received and placed on file.
8
SEPTEMBER 5~ 2002
BUILDINGS & GROUNDS: Committee Chairperson Sosnowski said STANDING COI~I. IITTEE
the thirty year old ceiling tiles in all the Borough buildings will be
replaced. He spoke about the ramp for the Health Department and said
they would pour the footings for the ramp on Monday or Tuesday,
weather permitting. He reported progress.
FINANCE & ADMINISTRATION: Committee Chairperson Reiman
spoke about the 2.5 million-dollar Tax Anticipation Note the Council
received from the CFO. He said the tax bills were sent out late since
they did not have the Statement of Aid Notice prior to that and spoke
about interest rates on the loan the Borough would be paying back. He
said next Thursday the Redevelopment Agency would be attending the
Agenda Meeting to update the Council on the Lower Roosevelt
Avenue progress. He said the County has accepted the Borough's
Social Services and will take over the first week of November. He
said he anticipated a savings of a hundred thousand dollars. He said
Carteret was one of two Municipalities that were still handling their
own cases in the County. He said the two employees from the
department would be getting other jobs in the Borough. He said the
Historical Committee would be selling their post card calendar at
Ethnic Day and the proceeds would go toward the costs of preserving
the Borough's historical documents.
FIRE: Committee Chairperson Sohayda congratulated Brian O'Connor
and said he had a great time in Kansas City. He said on September
11th the Fire and Police would have a memorial service at fire
headquarters and he gave the details. He said on September 18th the
Post Office would be having a Hero/Customer Appreciation Day and
spoke about the details. He commended the firefighters for fighting a
fire and spoke about the Volunteer Firefighters that completed the
Firefighter One training at the academy. He said he met with the
Inspector for the Federal Railroad Administration about the trains
behind Jackson and Monroe Avenue. He thanked Greg Setar who
donated a Jeep Cherokee to the Borough from PSE&G to be used as a
Police vehicle. He reported progress.
PARKS & RECREATION: Committee Chairperson Rios said the
Girls' Softball picnic and award ceremony would be held this
Saturday. He said the Little League Fall Ball would start next week
__ and would run until November. He said the cherry picker has finally
arrived and said it was in excellent condition. He spoke about cutting
the trees. He said Ethnic Day would be held September 14th and gave
some of the details. He said the Parks Department was vigorously
working on the memorial area for the September 11th memorial service
and he thanked them and said they are doing a tremendous job. He
gave the details on the memorial service that would take place and
who was invited. He reported continued progress.
2002
POLICE: Committee Chairperson Santoro said they hired another
CANDING COMMITTEE School Crossing Guard and they were moving forward with everything
concerning the Crossing Guard. She spoke about the Mobile Home
fire that Councilmember Sohayda mentioned in his report and the
Police Officers that arrived at the scene. She recommended a
commendation for these officers. She said a year ago there was a drag
arrest where money was involved. She said the Borough has received
four hundred twenty five thousand dollars from the seizure. She spoke
about the money and how the Borough would be able to spend it in the
Police Department. She reported progress.
pUBLIC WORKS: Councilmember Sohayda in the absence of
Committee Chairperson Padsi said they are painting the lines on the
comers. He said the sweepers are sweeping everyday. He said the
Recycling Department is getting ready for the Leaf Bag Program. He
commended Sally Mesler, Ted Surick and John Riley for the work
they are doing to get ready for Ethnic Day. He said if anyone has
potholes or they have a problem with the new garbage company, they
should call the Streets and Roads Department at 541-3881. He
reported progress.
BOARD OF EDUCATION: Councilmember Sosnowski in the
absence of Committee Chairperson Parisi said the schools are open
and everything is fine. He said the high school stadium is complete,
open and ready for the first home football game on September 13th.
He thanked the Streets and Roads Department for helping the school
with the lift and helped the School Board save money. He said Police
have been monitoring the school areas and spoke about the cars and
School Crossing Guards who he felt had a difficult job. He reported
progress.
10
SEPTEMBER 52 2002
PROCLAMATION:
MayorFailaceread ~e ~llowingproclamation: A DAY TO REMEMBER
"A DAY TO REMEMBER"
WHEREAS, the unprovoked attacks of September 11, 2001, upon
__ America by foreign terrorists have thrust the United States, and other
countries, into a war it never envisioned, military or diplomatically;
and
WHEREAS, the challenges facing all the civilized people of the world
as they relate to the war on terrorism will not end until those fanatics
responsible are eliminated or brought to justice; and
WHEREAS, America is fully committed through Operation Enduring
Freedom and Operation Noble Eagle to ensure our freedoms remain
unfettered and sovereign for all generations, now and forever; and
WHEREAS, world opinion needs to remain focused upon the
eradication of these inhuman acts perpetrated around the globe; and
WHEREAS, one way to accomplish this is to NEVER FORGET that
those innocent victims did not die in vain; and
WHEREAS, America can fight back by reminding the world that the
deaths of these people will always be remembered and they will be
forever loved; and
WHEREAS, a noble and appropriate way to accomplish this is through
the armual celebration of their living; and
WHEREAS, this commemoration should be held each September 11th
throughout the land to include:
· The promotion of global peace and goodwill;
· The demonstration of America's resolve and perseverance
to win the war on terrorism;
· The advancement of responsible citizenship;
· The encouragement of patriotism and love of country; and
· The poignant rememberance of those innocent victims that
died on September 11th, as heroes, one and all;
NOW, THEREFORE BE IT RESOLVED, as the Mayor of the
Borough of Carteret, I am issuing this proclamation to memorialize
those men, women and children who lost their lives; and
BE IT FURTHER RESOLVED, that this proclamation be publicized
for all to see and know that the citizens of Carteret remember with
__ etemal respect those whose lives were suddenly, without cause, and
pointlessly taken from them on September 11th, 2001.
MAY THEY FOREVER REST 1N PEACE AND AB1DE IN OUR
MEMORIES.
11
2002
XOR FAILACE Mayor Failace thanked Robert Kately and the parks Department for
their work on the monument for the World Trade Center victims. He
said the UEZ Committee, John Riggio and the Borough Engineer met,
he explained what they decided to spend UEZ money on in the
Borough and the areas that should be done.
Councilmember Santoro spoke about the details of the UEZ plan that
was an ongoing project and what it would cost.
Mayor Failace said he went to New York City to a MCEOC
symposium and spoke about the Community Land Security project.
He said Headstart was also discussed at the symposium and said it
would be coming to Carteret very shortly. He said the building that
Headstart would be in was being worked on inside by Veterans
through the MCEOC. He said the MCEOC is looking to purchase
property with homes on it to put back on the tax rolls and felt the
Council needed to discuss that. He said he felt it would be good for
the Borough to clean up the area, get the properties back on the tax
rolls and get some good people in the homes. He spoke about the
Atom Tabloid articles. He said when he speaks to Councilmember
Reiman he denies knowing about any of it. He said he has never been
given the opportunity to respond to any of the articles even though Mr.
Devine states in the articles he has called the Mayor's office. He
responded to some of the articles concerning the Waterfront and the
violations. He apologized for putting his political signs up a few days
early and said he should have known it as Mayor.
Councilmember Rios interrupted and said he objected to the Mayor
talking about the Atom Tabloid and should speak to Mr. Devine
personally.
Mayor Failace said he had every right to tell the people the truth when
the articles are about him and he wanted to clarify it.
Councilmember Rios and Mayor Failace argued about the political
signs.
Mayor Failace said when Mr. Reiman called in the Mayor's violation
he was told that he was in violation, the Construction Official was told
the Atom Tabloid would be calling him. He said he wanted that on
record in case Mr. Reiman said it was a lie.
Councilmember Reiman said that Mayor Failace called the
Construction Office on primary day in June to say Mr. Reiman was in
violation. · ·
Mayor Failace and Councilmember Reiman argued back and forth
about who was telling the truth.
Mayor Failace said he wanted to make very clear that the statement
that he is against the Waterfront Project Mayor Sica initiated seven
years ago was an absolute lie.
Mayor Failace and Councilmember Reiman went back and forth about
transfer of funds for the Waterfront.
12
SEP'I:EMBER 5, 2002
Mayor Failace explained what has been done concerning theCOMMENTS
Waterfront when he sat on the Council and worked on over the years.
He tried to clarify what has been said concerning him influencing the
Council. He spoke about the article in the Atom Tabloid concerning
the Failace.com web site and he said there were some things said about
him and he considered this a treat. He said he wanted this on record
__ that he was displeased with the Mayor and said in politics they say you
don't pick a fight with someone who buys in by the barrel. He said he
was assuming he would be doing one of two things with it, either
pouring it over the Mayor's head or writing bad stories about it and
felt he has not been given an opportunity to speak to the Atom
Tabloid. He spoke about some of the details on the original
Waterfront Project and what was done then and now and added that he
was not opposed to it.
Councilmember Reiman said he does speak to the reporters from all
the papers. He said former Mayor Sica used to beat up the Home
News Tribune at Council Meetings. He said he felt it was not the
proper forum to beat up the newspapers even though he was not happy
half the time about what the newspapers were saying. He said he
would like to tell the newspapers exactly how it really is but
unfortunately that is how it is now.
Mayor Failace said the Home News Tribune, The Atom Tabloid and
The Star Ledger know how to get in touch with him and if they can't
they could call Borough Clerk Kathleen Barney who could get in
-- touch with him.
Councilmember Santoro said she was not involved in this and she felt
this was politics since it was coming close to November, which was
why this was happening. She said the Council should not put Mr.
Devine from the Atom Tabloid in the same category as the Home
News Tribune or the Star Ledger.
Upon MMS&C, by Councilmembers Reiman and Rios and unanimous PUBLIC DISC1JSSIO~
affirmative vote of the five (5) Councilmembers present, the meeting
was opened to the public for discussion.
James Mancuso, Jackson Avenue said the Board of Education received COMMENTS
__ letters this week regarding fees owed to the attorneys for site plans and
he felt they should be exempt. He said the board went before the
Zoning Board as a courtesy and a special meeting of the Zoning Board
was called the second time. He said that according to the attorney the
Board of Education should be exempt from any fees, even the attorney
fees.
Councilmember Santoro said she knows Mr. Mancuso sits on the
Planning Board and he knows that the board sets its own fees and the
13
'TEMBER 5, 2002
Council makes the appointment to the board. She said they do waive
BLIC DISClJSSION certain fees for different things. She said in the case of a special
meeting, the attorneys and engineers have to agree to waive their fees.
She said the Council could not force them to do this as a separate
order.
Borough Attorney Bergen said they passed a Resolution that they can
not charge the fees. He said he doesn't think the board has to call a
special meeting and he would recommend they don't because the
Municipality would then incur the costs. He said he understood the
fee that was being waived was for Nathan Hale is an engineer review
fee. He said he doesn't think the School Board was obligated to be
charged and the Council unanimously passed a Resolution waiving
that fee.
Councilmember Santoro said a special meeting was different.
Mr. Mancuso said based on letters they have received it all reflects on
the first meeting and reflects on when the site plans were put in. He
said he felt this was something that had to be checked out. He said the
only thing that was holding up the Certificate of Occupancy were the
fees and he wanted to know what they would have to pay and what
would be waived.
Mayor Failace said the Council waived the two hundred-dollar fee.
Mr. Mancuso asked if they were obligated to pay the attorney fees.
Borough Attorney Bergen said that was the ultimate Resolution.
Councilmember Reiman asked Mr. Mancuso if this was at a special
meeting.
Mr. Mancuso said there was a special meeting later but didn't know
since he wasn't there.
Councilmember Reiman said if the School Board doesn't pay the fees,
the town would have to pay the portion of the fees.
Councilmember Reiman and Mr. Mancuso went back and forth
reiterating what they felt about who should pay the fees.
Mr. Mancuso said what he read was the School Board could not be
obligated, it would revert back to the city if the attorney charges a fee.
Mayor Failace said he should speak to the Zoning Board attorney.
Borough Attorney Bergen said he could also speak to the School
Board attorney on this.
Mr. Mancuso said the Borough is sweeping and plowing twelve miles
of County roads. He spoke about the costs and said he felt the County
doesn't do anything since they know we take care of it. He said the
trains were in violation seven times in the last few weeks. He spoke
about a letter received by the Council, they know they are in violation
but since they were doing work in their yard, they thought they could
leave the trains there. He said Woodbridge ok'd the yard and felt we
14
SEPTEMBER 5, 2002
should check into this. He said the last time he brought this up, Mr. PUBLIC DISCUSSION
Bergen said we were waiting to see what Woodbridge was going to do.
He felt we should not wait for anyone.
Councilmember Santoro spoke about the situation and the fact that we
were fighting the trash train at the same time. She said the town is
__ fighting against Conrail who is hard to fight against.
Mr. Mancuso said the Borough gave the information to the attorney
who was supposed to file a complaint and he was paid ten thousand
dollars. He said he has never even received a phone call from the
lawyer.
Borough Attorney Bergen said he was told by them they contacted a
number of people and they couldn't get in touch with him he would
schedule a meeting with the attorney from Hilson and Spadoro, Mr.
Mancuso and himself. He gave some of the details on what has been
happening and what the costs were.
Mr. Mancuso said if one person's life was not worth more than
spending this money to stop the trains on a Waterfront Park, they
should be ashamed of themselves.
Borough Attorney Bergen spoke about the Surface Transportation
Committee, which was a federal agency that had jurisdiction over the
federal railroad. He said the intent of that agency was to protect the
railroad, not the interest of Carteret. He said he felt we were wasting
-- our money and it was a stacked house. He gave the details of what
happened with Woodbridge.
Borough Attorney Bergen said he wanted to make one amendment to BOROUGH ATTORNEY
Resolution #02-329. He said $5,000.00 is clearly enough money for AMENDING
this, but he wanted the Resolution to read Oswald Sewer Services RESOLUTION #02-32
instead ofT & M.
Upon MMS&C, by Councilmembers Rios and Sosnowski and TRANSCRIBER'S NO'I
unanimous affirmative vote of the five (5) Councilmembers present, FOR TIlE SAKE OF
Resolution #02-329 was amended to read Oswald Sewer Services. COMTINUITY ALL
RESOLUTIONS ARE
LISTED IN
CHRONOLOt5Ic ORDEI
IN THIS MEETING
-- Upon MMS&C, by Councilmembers Rios and Sohayda and PUBLIC INPUT ON
unanimous affirmative vote of the five (5) Councilmembers present, RESOLUTION #02-3
the meeting was opened for public input on Resolution #02-329. MEETING OPEN
15
TE~BER 5, 2002
ETI~G CLOSED There being no comments or objections to the Resolution, the Mayor
declared the Public Hearing to be closed, upon MMS&C, by
Councilmembers Rios and Sohayda and unanimous affirmative vote of
the five (5) Councilmembers present.
There being no further business or discussion, upon MMS&C, by
DJOORNED Councilmembers Rios and Sohayda and unanimous affirmative vote of
the five (5) Councilmembers present, the meeting was adjourned at
approximately 8:32 P.M.
Respectfully submitted,
KATHLEEN M. ~/~LK~EY, RM(~ff.,,j~ -
KMB/cp __
16