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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