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HomeMy Public PortalAbout2002/06/13 13, 2002 The Agenda Meeting of the Mayor and Council of the Borough of Carteret, preceding the Regular Meeting June 20, 2002, was held on June 13, 2002, 7:00 P.M., Municipal Court/Police Facility, 230 &me 13, 2002 Roosevelt Avenue, Carteret, New Jersey. The following were noted present: PRESEIgr Mayor James Failace Councilmember Frank Parisi " Daniel Reiman " Ronald Rios " Buddy Sohayda Brian Sosnowski Also noted present was Borough Attorney Robert Bergen and Borough Engineer Don Norbut and Emie Evon and his wife and Ray Zetti from the First Aid Squad. Noted absent was Councilmember Janet Santoro. Mailed to The Home News Tribune, The Star Ledger and posted STATI~qT OF on the Bulletin Board on June 7, 2002. NOTICE -- The Borough Attorney said there was people present that bid on Attocney the Garbage Contract and he asked them if they wanted to speak and they said they didn't. a) Borough Engineer - Don Norbut gave his report and he spoke TO ADDRESS GOVI~JtlNG about, Road Improvement Projects, a)2002 Road Program, BODY b)2002 County Overlay Program, c)Carteret Avenue Pedestrian Improvements, d)Milik Street Rehabilitation, e)FY 200?, Borough Engineer NJDOT Grant Program, Roadway Project and Pedestrian Safety. Then he spoke about Sanitary Sewer Projects, a)Suspect Area Sewer Separation, b)Harrison Avenue Pump Station, c)Roosevelt Avenue Pump Station, d)Sewage Treatment Plant Demolition, e)2002 Sanitary Sewer Cleaning and Televising Program and 0Roosevelt Avenue Pump Station Control Upgrades. Then he spoke on the Waterfront Park, a)Contract Award, b)Temporary Construction Access Easement and c)Environmental Permits. At approximately 7:15 P.M., Councilmember Janet Santoro was Counci~r S-mt:om noted present, noted present J~JNE 13, 2002 Borough Engineer Don Norbut then went on to speak about General Items. They Cont: were, a)Roosevelt Avenue Bypass, West Carteret and b)Hill District Storm Sewer Project Planning Document. He then said there is an area in Carteret Park that he is investigating, a blocked sewer line. They need to see if the line is large enough. He then said there is a request for additional engineering fees. He said he has reported to them over the last couple of months, that the Sewage Treatment Plant/Demolition Contract has been very difficult. They had a contractor who left $100,000.00 on the table out of a $300,000.00 contract. He is behind another month. It required a lot of Progress Meetings, which required more time by his people. He said they also added some additional work to the contract in that they are leaving the sand filters there and have negotiated a reduction in the contract of about $6000.00 back to us; a credit. He said he did a little bit of layout and design work on the ramp and how we can modify those tanks and make sure they function for the storage that we would want there. That is resulting in an additional sixty (60) to seventy (70) hours of his time and he is looking for the Governing Body consideration of some additional inspection fees to the project in the amount of $6200.00. Councilmember Santoro asked if they could Table or delay this until the next Agenda. Don Norbut said they are getting a credit of $6000.00. Attorney Bergen said then we are only talking a total of $200.00 over the total cost. Don Norbut said that was correct. Attorney Bergen said they could discuss that more in Closed Session. Councilmember Santoro asked Don Norbut if on the UEZ they had an estimate on Washington Avenue in West Carteret. Don Norbut agreed. Councilmember Santoro asked him if they could get an estimation from CVS all the way down to R&S. Don Norbut said last year what they had advocated was to come up with an overall concept of what they wanted to do. He commented that he could give them ball park numbers, but at some point they should sit down and look at the big picture. Councilmember Santoro said this is something for the UEZ and what they said at the last meeting was Washington Avenue, West Carteret and it was asked about other areas and they should know what the quotes are. She said they had asked for $115,000.00 for Washington Avenue and $30,000.00 for West Carteret. JULY 13, 2002 Don Norbut said they had discussed about submitting an Borough Engineer application for Roadway Improvements for Carteret Avenue and Cont: when he had left the meeting, the next day he contacted the D.O.T. representatives and they said that the crack repair was not eligible for funding for Carteret. They want to see a project for fully paved and that certainly increases the cost. b)Daphne Miles - She asked the Mayor if he minded if she just Daphne Miles addresses Councilmember Santoro and the Mayor said he didn't. She also told Mr. Bergen that she was not represented by an attorney yet. She said maybe a month or two (2) months ago, this charge against her, from a letter that a citizen filed with them in January 2001, for an incident that took place at the Housing Authority from 2000 and then this Council charged her with conduct unbecoming a Borough Official. Councilmember Santoro asked Borough Attorney Bergen if we had ever charged anyone with anything. Daphne interrupted saying they did the motions to get to that point. We hired an attorney who did what he had to do and he brought his findings back to the Council. The Council was moving on and the last she heard he was going to get a Hearing Officer and she was ready and prepared and the next thing she knew Councilmember Reiman Tabled it. She then commented that she thinks everyone deserves "due process." In November it will be two (2) years. She thinks she deserves some closure. She reached out to two (2) lawyers, one from the NAACP and one was her own and they both suggested she come and talk to the Governing Body. She went on to explain that this was only Tabled and that does not mean it is over and she wants closure. Councilmember Santoro said there was a charge brought up by a citizen and we hired a Prosecutor. There was findings that we should move forward. He brought a report forward to the Council at that point investigating whether there was probable cause. At that time we finally got a full report as the Council. She said she knows she had refused interviews because she was not allowed to have someone with her when she was questioned and during the course of that the person brought forward that there was probable cause that we could move forward. No charges were ever taken as far as she knows. At a Council Meeting it was brought up as to whether to move forward with this and it was Tabled. Then she asked Attorney Bergen, because this complaint was against a citizen, does she have the right to ask for a heating to be heard. Attorney Bergen said no, the only procedure is that you had a report repaired and the report stands on its own. The Council has accepted the report of its Special Prosecutor. The only option for the Council to then proceed, is then, under statute, the only thing they could do is choose to remove you as a member of the Housing Authority and in order to do that formal charges would have to be served upon you and only at that time would there be a heating. So until you have been served with any charges there is no due process. So when they Tabled it, it stands. Daphne said Tabled means it will be brought up again. 3 JUNE 13~ 2002 Daphne Miles Cont: Attorney Bergen said the Council at any time could choose to have charges issued against her under that statute or for any new conduct you could engage in. Daphne said she is not comfortable with that and she deserves closure. Councilmember Santoro asked Daphne that being there is not a situation to have an actual hearing, would it be acceptable to the Mayor and Council and herself for her to make a statement to the Council because she never had a chance to speak. Attorney Bergen explained to Daphne that they could not dismiss charges that have not been brought up and said what was Tabled was a resolution to appoint a Hearing Officer and even if that resolution would have passed if no charges were brought against her then there would be nothing for a Hearing Officer to hear, but the only reason we are placing the hearing officer in place is in case the Council decided to press charges. You can vote a sense of the Council that you wish that you indicate that you have no intentions of directing the charges being lodged against Ms. Miles as a result of that incident. Councilmember Santoro said she never went on record to defend herself. She then asked who would be the Appropriate Authority to hear this. Attorney Bergen said the only thing that could happen to a Housing Authority Commissioner is removal. Councilmember Reiman said he thinks the Council's deliberation on this should be continued to be discussed in a Closed Session. Attorney Bergen said now there is nothing to hear, they can only hear charges that have to be formally served upon her in writing and until that happens there is nothing to hear. Right now we only have findings and a recommendation. Councilmember Santoro told Daphne to wait and they will go into Closed Session and discuss it and then they will inform her of their decision when they go back into Open Session. Daphne Miles then handed a complaint over to Councilmember Parisi about the grass on Middlesex Avenue. HINIIrES ~ June 6, 2002. APPROVAL O3~IqDATIONS Officer James Hart. RESOLUTIONS Directing the Issuance of Various Raffle Licenses Refund of Tax and/or Sewer User Fees. 4 1.3, 2002 Amendment to 2002 Temporary Budget. ~O~S Cont: Approving Renewal of 2002 ABC Licenses. Councilmember Reiman asked Attorney Bergen if accepting these approvals it does not stop them fi.om taking action against the ABC violations. Attorney Bergen suggested to do the hearing on one of the weeks in July when they don't have a meeting. Support of S-1044A and A-1926, Re: Award of Bids. Councilmember Rios said he is recommending that we support the bill. He explained that this is in favor of the Government using Labor Organizations to do construction work on different types of jobs. It is the same process we use, but the union labor people would have preference and there will be no work stops because of labor disputes. You will have trained people so it will be a better quality job. The overall cost for the taxpayers is better, where it will cut down the cost because of better trained and skilled, safer jobs and better construction for governmental jobs and that is why he is asking the Council to support this resolution. The Mayor said they have the letter from Spotswood who is opposing this. He asked that he would like to see the actual bill. Councilmember Rios directed the Assistant Clerk to get a copy of the bill. Attorney Bergen said he would check his office and see if there is any position papers of unions that are in support of this. That may be helpful. Appointing Temporary Seasonal Playground Workers. Councilmember Rios said this year they limited it to fourteen (14) and fifteen (15) year olds. Councilmember Santoro asked how many kids did we have last year, how many are we putting on this year and what do we expect from them and what is their schedule of work and will they be supervised. Councilmember Rios said they will be supervised. Councilmember Santoro asked for a list when ready from the Clerk's Office and wanted to know how much money was budgeted for this and she asked Councilmember Rios to get back to them on this. Appointing Seasonal Lawn Workers. Mayor Failace asked for a list of who they are and what is in the budget for this. 5 2002 RESOLIJTI~ Cant: Councilmember Santoro agreed. ABC License Transfer - License//1201-33-032-008, Re: Partner's Pub. Carteret Jewish Community Center - Amend RL//1652A and BL#1653A by adding dates. Board of Health - May 2002. Inspection of Buildings - May 2002. ~trrrtaS FOe MATTERS FOR DISCUSSION: DISOI$$Iflq Carteret Planning Board - Recommendation of approval of the amendment to the Amended and Restated Redevelopment Plan for Carteret; Plarmi~g the Landfill Reclamation Improvement District. Attorney Bergen said as long as everyone is satisfied it can be done by a resolution. Councilmember Santoro said this is what was originally sent to us, then it went to the Planning Board and then it came back to us Attorney Bergen said it basically ensures that only the developer for the Phase I property gets the benefits and extensity for Phase II so ifa guy just wants to come in and develop Phase II he won't get the same benefits. David Boland - Dental Coverage. The Mayor said they would I~,~vi_d Boland discuss this in Closed Session. ABC Violation - Robe and Gavel Enterprise, LLC. Attorney ABC Violatio~ Bergen said they have one violation for a fight, one for a underage sale and this one seems to be for paperwork. We will try to do the hearings in July. II~ Group PMK Group - Change Order //1, Re: Asbestos Management Services - Former Sewage Treatment Plant. Attorney Bergen said he needs Don Norbut to recommend the Change Order. Tax h.sso_ssor Tax Assessor - Application for Tax Abatement, Re: Port Carteret. Councilmember Reiman said this is the White Rose properties. The two (2) that have been approved by the Planning Board that are going to come on line this year. The Council has to approve the application. He said the Mayor approved this tax abatement way back. 6 3UNE 13, f~O~ Mbzrrii,~S FOR DISCUSSII~5 Cont: Construction Official - Request to hire Electrical Inspector. Councilmember Reiman said the Finance Committee was looking Const~action Official to free Tony Neibert up from all the administrative work. He would work about nine (9) hours a week. He said he sat in on the interview and he has the HHS license. A resolution will be put on for this. Robert Kately - a)Bid for Cherry Picker. Robert Kately b)Adding water to the Pond. Councilmember Rios said we have to pursue this. We are at the point where we started the tree program and more and more people are having their trees cut down and the list is growing. He said we could use maybe a hundred and ask if he could possibly include a truck. Councilmember Santoro asked what they have to do to have them move forward with this. Borough Attorney Bergen said they would have to either have him draw the Bid Specs or have Gloria do it. He said we have to do a resolution authorizing the receiving of the bid specifications. Councilmember Rios said in reference to the adding of water to the pond we have to get permission to do that from the Fire Department. Brian O'Connor, Battalion Chief in the Fire Department said he would contact the Water Company. BUSINESS TO BE ADDED: BUSINESS TO BE ABi)ED Councilmember Reiman said someone in John Riggio's office is out ill and we may be hiring a temporary person part or full time 3. Riggio's Office for six (6) to eight (8) weeks. Councilmember Santoro talked about someone from the Building Department going there to work. Councilmember Santoro said everyone should have gotten a letter C~mcilmember Santoro from Senator Corzine and Torricelli about the Brown Fields yesterday. Unfortunately she did not look to see if anybody represented them down there and we need an update to see what took place and what the status is. That is instrumental to what we are doing by the Turnpike area. She asked our attorney to reach out and get the status of that. She then said she sees the First Aid and the Fire Department present and she hoped they would be meeting with and discussing the First Aid this evening. Mayor Failace said he had thought we needed their attorney. 7 JUNE 13, 2002 CmmcilmmSaer Rios Councilmember Rios asked the Council to form a Task Force on the Borough Hall Issue. Build a new one or refurbish it. He thinks Borough Hail we should start to do the leg work as far as getting involved with that. Councilmember Sosnowski suggested to put what they decide to do on a ballot and let the towns people decide. Councilmember Reiman said he did not think it should be put on a ballot. It is something this Council is looking to decide. The Mayor agreed that Borough Hall needs to be done and that we cannot keep putting bandaids on it. Councilmember Santoro said she didn't want a Task Force, it should be up to Buildings and Grounds. Councilmember Rios said Buildings and Grounds should be part of it. Councilmember Reiman said he thinks Buildings and Grounds should have a TaskForce. It §hould be the Buildings and Grounds Committee and additional members of the Administration. Council Councilmember Rios said he wanted two (2) Council Cam~ndations commendations for two (2) people who are leaving town that have served the Borough well, one is Bob Hedesh, a Fireman and a former Councilman and Borough Attorney and his wife Beverly who was in charge of the Recreation Department. He then said he wanted to plant three (3) trees in memory of the World Trade Center Victims, in the area they called Firemen's Park on the anniversary weekend. He then told the Assistant Clerk that they need a letter from Council for a Sports Festival on July 27th, for a bicycle race. They are YSG Racing and they will be allowed to use the race route. He got a letter from the Police Department on this. He also suggested a Democratic/Republican Softball Game that day to raise a little more money for the World Trade Center. Councilmember Parisi spoke, following up on the part-time person Councilmember Parisi needed. He said he spoke to a couple of people from Woodbridge and they use some Berkley College Interns at times to fill in. He spoke to the woman who takes care of that and they work on a quarterly schedule so he didn't know if it would work in this particular case, but we may be interested in looking into this in the future. Mayor Failace then mentioned 80 Romanowski Street. Behind there is Borough property and the weeds, etc. are growing very high. He called the parks and nothing was done. Councilmember Santoro said she wanted to discuss the First Aid in Open Session. She asked for a representative to speak for the First Aid. 3UN~ !3, 2002 Councilmember Rios said he had a couple of questions. He said Di_so~ssion, R~: they had a meeting approximately two (2) weeks ago and he First Aid thought they were in Closed Session and then he read in todays paper that Council people are politicizing this First Aid issue. He asked who they are. Mr Evon, who is representing the First Aid Squad asked if it was relevant to the issue. Councilmembers Rios and Santoro said it was. Mr. Evon asked to go into Closed Session. Councilmember Santoro said no, that she thought they needed to clear up some of the things in Open Session. Councilmember Rios then asked Mr. Evon who was politicizing the issues. Mr. Evon said, "you, you", meaning Councilmembers Rios and Santoro. Mrs. Evon who was seated in the audience said a flyer was put out by Councilmember Sohayda that mentioned the First Aid and that is politicizing. Councilmember Rios asked him how he was politicizing the First Aid Squad. Mr. Evon told him because his intrest lies in the Fire Department. Councilmember Rios asked him how he knew where his interest lies. Mr. Evon told him because he made it clear. He then said two (2) months ago they made them jump through hoops of fire. He said we presented a business proposal two (2) weeks ago before the election. Then after the elections they got a call saying they wanted to meet with us. He then found out that night at a Council Meeting, by Mr. Tozzi that the money was already handed over to the Council from the Board of Health. Attorney Bergen told Mr. Evon that the only time that the money came available on Friday was because of a court order by the judge. Cotmcilmember Rios said he requested, speaking on behalf of the Council seeking $100,000.00 for an ambulance. Mr. Tozzi stated that any money coming from the Soldiers and Sailors Fund can be used for equipment, clinic, not as a loan to any other agency. He said he has no control over the Soldiers and Sailors Fund that is why he, speaking on behalf of the Governing Body went and plead his case, made his case to the Board of Health asking for relief from the Board of Health Soldiers and Sailors Fund to Purchasing 9 ~ 1~, 2002 Discussion: for an ambulance. He told Mr. Evon that he was politicizing by Re: First /kid putting it in the paper. Gout: Mr. Evon said some of the Councimembers gave the statements to the Star Ledger. Councilmembers Rios and Santoro said they did not talk to the Star Ledger. Mayor Failace said he talked to them but did not say anything that went on in negotiations. Councilmember Santoro said they had their first meeting in November with them and the Police and Fire Departments and Councilmembers. At that time there was a problem that was brought forth that the First Aid couldn't provide service from 6:00 a.m. to 6:00 p.m. Rural Metro, who at that time was providing service advised us that they were discontinuing service unless they received payment for that month. From that point on they continued for their next meeting to find out what they were going to do from November. Next meeting that took place was a discussion and we looked at options on what they could do for the hours they couldn't provide service. They had been hired with no charge and now they have decided to charge the Borough. Mr. Evon said they had signed a contract with Rural Metro to be hired to provide a service and the only payment that they would accept is what they would get from the insurance. Then they advised us that their contract expires in March and come January 1st, unless they got money to offset the expenses, they would not be able to provide the service. We advised them that we are not in a position to pay them the money they were looking for. Councilmember Santoro said basically they were telling us to continue to provide the service they were providing, that was going to cost the Borough $5700.00 a month. She mentioned the time the First Aid came to us and the Borough came back to them about leasing their equipment and using their ambulance for a dollar a year providing that we would cover their insurance costs, all their costs. Mr. Evon said at that time they had tunnel vision about just equipment, not about the volunteers. Councilmember Rios said they did not have tunnel vision of just equipment. They were going to pay for gas, insurance, repairs, maintenance. It wasn't tunnel vision on just using your ambulance. Mr. Evon said that would be until they had the money to buy their own. He said they told him it would take approximately two (2) years to get the money. Councilmember Santoro told Mr. Evon about the time they offered to pay for the ambulances because we had a situation. Our concern 10 JO~ 13, 2002 as Borough Council is to provide a service to our residents when DISCIISSI(Iq: Re: they dial 911 they have a response and we pay $5700.00 a month. First /kid Cont: From that meeting, after they asked what was in it for them, we went to the next stage of it and yes we had a Borough Meeting where they got insulted that they weren't invited into the meeting because we met with our Police and Fire Chiefs and our selves to find out what they could do as Borough, because we were the ones that were going to have to, (a) number one, fund it or two, number one, take care of it and that was our responsibility and that is when they were insulted and came back. We found out that the Soldiers and Sailors might be able to pay for an ambulance. We, in existence right now have a first respondent course, which we are very proud of, which came into effect two (2) years ago. This is so we could not only respond to the scene but we could transport. She told Mr. Evon that he has informed us as of this point we are locked out of the First Aid Building. She explained that we went to the Board of Health, which is a separate entity, which they voted themselves a set of proposals to obtain an ambulance. The Board of Health decided that our proposal was worthwhile to go before the Court System to obtain an ambulance. That we would have over a ten (10) year period, that we would take the bond payment of $10,000.00 a year and anything beyond that we would have to pick up, for us to have our own ambulance. She said we told them at that time that not only would we purchase an ambulance, that we would make it available to the First Aid because they had told us they could not afford an ambulance. Mr. Evon said their ambulance purchase was never an issue of their talks. Councilmember Rios asked Mr. Evon if he was to be authorized by the Council to be the primary provider in ambulatory care, 6:00 a.m. to 6:00 p.m., would he allow our Fire or Police Department to use one (1) of your ambulances as a back up to ours. Mr. Zetti asked Mr. Rios if they had an ambulance why would they need theirs. Councilmember Rios asked the question again. Mr. Evon said their business plan included the money from the Board of Health, which they both went to the same meeting and pleaded their cases. What really got him upset is that he was told last week by Mr. Tozzi that two (2) months ago that money was appropriated to give to the Borough Council and they didn't have the courtesy to give them a letter stating that they did this and also the Borough asked them to come forward with their business plan knowing that the Borough was getting the money. They wouldn't have invested the time and the money in our business opportunity. Councilmember Rios said they could theoretically still allow them to be the primary coverage and get paid the money that they would get paid for a six (6) month trial period and they could still have an ambulance of their own to back them up because they are 11 2002 proposing mutual aid to back them up. Our ambulance could be the Discussion, Re: secondary coverage and then asked if a call should come in when First kid they are both out, they still need a second ambulance and then Cont: asked them if they would allow our Fire Department personnel , who are very professional, to apply emergency services. He then asked them if they would provide an ambulance as a secondary. Mr. Evon said no because if they go into this business they are licensing their ambulances through the State of New Jersey, Board of Health. The other people will not be able to use them because they wouldn't be able to provide the necessary personnel. Councilmember Rios asked him how he knew that and went on to say we created a resolution to create the positions of EMTs and the salary ordinance, which goes into effect July 1st and it was published June llth and they made it a salary range of $10.00 to $14.00 an hour, so they have all those steps in line to provide that if they chose to go that route. If they chose to go their route and allow them to be the primary coverage, then we want to know, this way we can create compliance with the State Board of Health Regulations, by having our own ambulance, sitting in the Fire House or Police Headquarters and our fire personnel can be the backup for them, but we would need a second ambulance. He asked him if they will allow us to use their ambulance. Mr. Zetti told Councilman Rios the reason for the lockout was because they thought the Fire Department was abusing the use of the ambulances. He said if the Fire Department was not going to abuse it and is set down in rules and regulations that the First Aid is the primary response, our ambulance as a secondary response and as a third response the Fire Department use their equipment they don't see a problem with it. Councilmember Santoro told Mr. Zetti that they also locked out our police officer who are equipped to drive both ambulances and asked why they would do that. Mr. Evon said the first agreement that the Carteret First Aid Squad had was with the Police Department, not the Fire Department, then the police were responding with someone from the Fire Department. Councilman Rios said he didn't have a problem with either one because his concern is response time. Mr. Evon then asked him why he didn't feel comfortable when they asked him to take us under his wing and make us volunteers as least on the same level as the Volunteer Fire Department. Councilmember Santoro said because they didn't want to be accountable to our Fire Chiefi Councilman Rios said we have the Office of Emergency Management and they are under the offices of the Police 12 ~ 13, 2002 Department and they are working hand in hand with our Police Discussion: Re: First Aid Department. Cont: Councilmember Santoro asked Chief Pieczyski if he wanted the EMT and the Ambulance Services to report to him. Chief Pieczyski said it should go under the office of Brian O'Connor. Councilmember Santoro asked Brian O'Connor if he wants the EMT and Emergency Services to report under him because he has the First Reponder Service. Bran O'Connor said yes. Councilmember Rios asked the First Aid if they would be willing to let the Borough use one of the ambulances if they chose to allow them to be the primary coverage under their Business Plan for six (6) months only. Councilmember Reiman said to say fully funded. Mr. Evon said to clarify that. Councilmember Reiman said that would be if the Borough funded their business plan as proposed in our Closed Session negotiations and go out and fund it for the six (6) months that is allowed or the ten (10) months or whatever it is that we have set up as part of our negotiations we are demanding that you allow the Fire Department to use their rig as part of that process, naming them as the primary response. Mr. Evon said they tried it for over a year and their stuff was abused. Councilmember Santoro said her biggest two (2) questions are with the First Aid is in regards to them taking over the billing. At this point some of the Governing Body wanted to go into a Closed Session RESOLUTION # 02-252 was introduced by the Mayor and RESOLUTION ~02-252 Resolution to go into referred to the Council for action. Closed Session Upon MMS&C by Councilmembers Reiman and Santoro RESOLUTION #02-252 "RESOLUTION TO GO 1NTO CLOSED SESSION" 13 Not Adopted was Not Adopted.Upon individual roll call vote Councilmembers Reiman and Sohayda voted in the Affirmative. Councilmembers Parisi, Rios, Santoro and Sosnowski voted No. Councimember Santoro asked Mr. Evon who would be in charge First Aid Discussion of the whole process under his plan and Mr. Evon said it would be Cont: him. Then she asked Brian O'Connor if they put this under the Fire Department what was his experience. Brian O'Connor gave his qualifications and his job description. Mr. Evon told Councilwoman Santoro in reference to the question she and Councilmember Rios asked him, he said just to put what they want in writing, give them the proposal and they will give it to their attorney and they will get back to them. Councilmember Rios said he didn't want to put it in writing unless they are going to accept it. Mr. Evon said that is the problem, they don't want to put anything in writing. He again said to put it in writing, they will give it to the attorney, then be done with it. They are going down the same path they did in November and then at that point the First Aid Members left the meeting. Mayor Failace said before they go into Closed Session, instead of having Ms. Miles wait all night, they should go into Closed and then Open and then back into Closed. RESOLtlTION ~O2-253 RESOLUTION #02-253 was introduced by the Mayor and referred Resolution to go to the Council for action. into Closed Session Upon MMS&C by Councilmembers Rios and Santoro RESOLUTION #02-253 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was Adopted. Upon individual roll call vote Councilmembers Parisi, Reiman, Rios, Santoro and Sosnowski voted in the Affirmative. Councilmember Sohayda voted No. At approximately 8:45 p.m., this meeting was closed. ME~grlNG CLOSI~D I. II~rING ~ Upon MMS&C by Councilmembers Parisi and Santoro and unanimous affirmative vote of the full Council present, this meeting was opened at approximately 9:00 P.M. 14 13, 2002 Attorney Bergen explained that the Council will pass a resolution Special Prosecutor for the report from the Special Prosecutor to be received and Report placed on file . There will be no final charges and if anyone involved in the report wants to submit a response to this they have twenty one (21) days to do so and that too will be received and placed on with the report and this will become the official record of that incident. Councilmember Santoro said the Council will not be taking action on said report. Mayor Failace asked Attorney Bergen if that report, when filed, becomes public record. Attorney Bergen said yes. Mayor Failace said then his response is public record. Councilmember Santoro said yes. Mayor Failace questioned if that meant that next year the Council or someone else can't take action. Councilmember Santoro said the Council didn't think there was enough action to report. The finding in the report didn't substantiate that we will file charges. Mayor Failace questioned if a couple of months from now they would be reading this report in the Atom Tabloid. He went on to say that this report on Ms. Miles became 95% a report on him and now this is public record and now if he writes a letter saying this is totally untrue and explained what happened and then said the other report will still be on file as public record. He wants to know what needs to be done for this to be taken and thrown in the garbage. Councilmember Santoro questioned if the report came from a Prosecutor, can they as a Governing Body do something like that and asked that if by the Goveming Body not moving forward on charges wouldn't that be the same thing. Mayor Failace said they are accepting the report as a valid report and then he said he wanted the Council to say that it is a bias report and was not a report given from both sides and this Council will not accept that report. Attomey Bergen said they cannot say it disappears because it was submitted to the government but they could say in their opinion the Council has chosen not to accept the report. Mayor Failace said he is not saying to make it disappear but again stated that they are accepting a bias report on one (1) side and did not allow Daphne to speak because she had someone with her and there were about ten (10) other witnesses for that side that were not 15 13, 2(3{32 Report Cont: spoken to. He questioned how they could accept a report to be put on file that didn't allow the other side to speak. Councilmember Santoro said there had been other past reports. She said this was a separate individual that did the report and we didn't do the report, it came forward to them. She then said she did not agree with the report, but that did not mean it did not happen or that the report wasn't given to us to consider. Then she asked the Mayor what we have to do from this point on and said that Attorney Bergen said we can take the report and say they don't feel it substantiates moving forward for charges and we don't feel that maybe that there is full open knowledge. Mayor Failace said his point is that he feels this Council is accepting a bias report and putting it on file without stating that it is a bias report. Councilmember Rios told him that by accepting the report did not mean they necessarily agreed with it. The accepted it because they had to and by not following up on it is acting on it. Mayor Failace said in his opinion if you accept the report and you put the report on file by accepting it. They are saying the report is here and maybe there is not enough to file charges but the facts in the report are valid and then stated they are not valid. Councilmembers Rios and Santoro disagreed with that. Mayor Failace said he needs to clear what is in that report about him. The person who said what he said about him said it never happened and he can't wait to get him on the stand. His point is if they accept that report as is they are agreeing with it. Councilmember Santoro said it is an old report, that yes they voted on paying this man for the report and yes we received this report and then we brought a motion up to Table the report and they have gone no farther and told the Mayor she thought it was a little late because we already paid the man for the report. She asked the Mayor if he wanted a hearing. Mayor Failace said he did and he don't want the Council he wants a outside Hearing Officer. He commented he needs to clear what is in that report about his father's good name and his reputation. Attorney Bergen said this report with regard to Miss Miles means absolutely nothing legally. The only thing that has any bearing to Ms. Miles is if formal charges are served upon her then you would have a hearing and the only vote you take is to whether you remove her from the office or not from the three (3) specified reasons which are set forth in the statute. He said as far as the Mayor's situation goes, the statute doesn't even provide for you to draft charges and bring him up on charges. He said he wouldn't know what kind of hearing you could give him because they can't do anything to him. With regard to him the report has no legal 16 .J{.]lq}~ 13, 2002 Daphne said she was asked to come down for an interview and Report Cont: when she got there someone had come with her, just as a witness, when she was to come before the Prosecutor because she was uncomfortable coming before him and not having someone present for her. When she got there the Prosecutor introduced herself and there were two (2) police officers, one was McFadden and one other officer and to her knowledge she did not know of either of them being here that day. She said the Council should have riced her to come here and explain what happened. They would have found out that the person and her were born and raised together and there was a lot of hate history. Attorney Bergen said he could clarify the record a little bit. He said Councilmember Reiman didn't vote to Table this, he voted on a resolution authorizing an appropriation which would allow for the retention of a Hearing Officer. The Council could still proceed today, tomorrow and the other day. The result that was here that night was to not extend funds for a Heating Officer. Councilmember Reiman said when he made the motion to Table it, it was to bring closure to it and completely end it and not appoint a Hearing Officer. Attorney Bergen said until the Council determines that no charges are going to be brought against you, you really shouldn't get up and speak your piece. If the Council chose to issue charges against you there would be a formal hearing and as a result of that this Council could vote to remove you from the position. He then went on to say that the Council wants to entertain a resolution to accept the report that is prepared by Special Counsel Kenneth Lebrato, that the Council has chosen not to take any position with regard to that report that has determined that based on the findings of that report that they do not believe that the Council feels the charges should be drafted as a result of the findings of that report. That the matter should be placed to rest and not proceed any father and that any of the individuals mentioned in that report should receive a copy of it saying forthwit and then have twenty (20) days to issue any comments or beliefs they have in regards to the contents of that report and that their responses can also include reports from any witnesses that they feel are appropriate to the findings within that report and that will be attached to that report and that will become the record of that report and will be used for no other purpose of the Goveming Body and that it is the intent of the Governing Body that report not be used at any time in the future for any purposes. Councilmember Santoro asked Attorney Bergen if before the Council was polled can everybody vote on it. Attorney Bergen said the Mayor cannot vote. Councilmember Reiman said he wasn't directly involved in it. It occurred in a point in time when Councilmember Rios and he were rnuning for election and he was not a witness to it. Never testified. Never called. Had no information pertinent to it. 17 June 13, 2002 RESOLIIrlON ~O2-254 RESOLUTION//02-254 was introduced by the Mayor and referred "Accepting Report to the Council for action. of Special Counsel Kenneth La. Brato, Upon MMS&C by Councilmembers Santoro and par/si Esq." RESOLUTION//02-254 "ACCEPTING REPORT OF SPECIAL COUNSEL KENNETH S " LEBRATO, E Q. was Adopted. Upon individual roll call vote Councilmembers Adopted Parisi, Reiman, Santoro and Sosnowski voted in the Affirmative. Councilmember Rios was noted Absent. Councilmember Sohayda voted No. RESOLUTI(I~I //02-255 RESOLUTION #02-255 was introduced by the Mayor and referred "RP~golutinn to go to the Council for action. into Closed Session Upon MMS&C by Councilmembers parisi and Sosnowski RESOLUTION//02-255 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was Adopted. Upon individual roll call vote Councilmembers Parisi, Reiman, Santoro, Sohayda and Sosnowski voted in the Affirmative. Councilmember Rios was noted Absent. l~_~rn'IG CtOffEO At approximately 9:25 P.M. a Closed Session was held. Upon MMS&C by Councilmembers Sosnowski and Reiman and M~rlNG OPflNI~ unanimous affirmative vote of the five (5) Councilmembers present this meeting was opened at approximately 10:00 P.M. Upon MMS&C by Councilmembers Reiman and Sosnowski and unanimous affirmative vote of the five (5) Councilmembers present, after no further discussion, this meeting was adjourned at approximately 10:01 P.M. Respectfully submitted, ~I~INDA A. RIVERA Assistant Municipal Clerk LAR 18