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HomeMy Public PortalAbout2001/05/03 The Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor James A. Failace approximately 7:30 P.M. on Thursday, May 3,2001, Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Jack Fazekas " Remy Quinones " Daniel Reiman " Ronald Rios " Janet Santoro " Buddy Sohayda Also noted present were Business Administrator Nicholas Goldsack and Borough Attorney Robert J. Bergen. The meeting was opened with a moment of Silent Prayer and The Pledge of Allegiance led by Mayor James A. Failace. The Clerk stated that on April 27, 2001, in full compliance with the Open Public Meetings Act, a notice of tonight's meeting was sent to The Home News Tribune, The Star-Ledger and posted on the bulletin board. The Clerk stated that Ordinance #01-26 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on May 17,2001, upon MMS&C, by Councilmembers Rios and Santoro. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. ORDINANCE #01-26 "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" MAY 3, 2001 COUNCIL MEETING ROLL CALL PRAYER, PLEDGE OF ALLEGIANCE STATEMENT OF MEETING NOTICE ORDINANCE 101-26 AMENDING SALARY ORDINANCE Ill-9,RE: POLICE DISPATCHERS Counci1member Reiman said he had something to add that he should have had in his report earlier. He said Mr. Goldsack, the Borough Engineer and himself were out reviewing some of the streets. He said on Tennyson Street where the Water Company was out chopping up the streets he felt it was a disaster over there. He said a letter has been sent from the Engineer to the Water Company to see if they could come back and fill the potholes and repair the damage they did to the streets in Carteret. He said the Council would discuss at next week's Agenda Meeting, upgrading and putting more enforcement into the Borough's Road Opening Ordinance. He said this would require the Utility Companies to post a Bond or a fee and go through the application and permit process so we would know what street, when, where and why they would be opening up a street. He said they could put in some language to require they pave a good portion of that street once they do that. He said Borough Attorney Bergen has the copy that he forwarded him from Killam and Mr. Norbut and the Business Administrator has it also. Councilmember Sohayda asked Business Administrator Go1dsack if they were paving Tennyson Street this week. Business Administrator Go1dsack said there was a section of Tennyson Street that was done recently. He said even that section they paved was below grade. Jessica Gutowski, New Jersey Avenue said she was listening to the report concerning Parks and Recreation and she did not hear anything mentioned about the children's program in the parks over the summer. She said she knew the date would be coming up for the applications to be sent out and she wondered ifthey would be having the program this year. Councilmember Santoro said she would be bringing the information to the Council as soon as Mr. Kately gave it to her. Jolm Sudia, Cypress Street said he was just listening to the comments in regard to getting information from the Board of Education. He said Mr. Vitta might have had some problems in West Essex and he wondered ifhe was stonewalling us as he had done in West Essex. Mayor Fai1ace said he did not know of any other problems but he did agree with Mr. Sudia that he felt they are stonewalling us on the information we should have received and did not receive. He said it takes a lot of time, he has some financial background and it takes him a ton of time to review a budget. He· said other members of the Council might not have as much; it was going to take a long time to review this thing. John Sudia said the results and the information he has he would make available to the Mayor and Council. Counci1member Santoro said at previous meetings the Mayor asked if the Council had a meeting with the County or anyone else he would like to be informed. She said she would ask that the Mayor would also do likewise because she would have probably liked to attend. 35 MAY 3, 2001 PUBLIC DISCUSSION There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Rios and Fazekas and unanimous affirmative vote of the full Counci1members present. Upon MMS&C, by Counci1members Rios and Reiman ORDINANCE #01-24 "ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE I 'DRUG FREE SCHOOL ZONES' OF CHAPTER 121 'DRUGS AND DRUG PARAPHENALIA' OF THE CODE OF THE BOROUGH OF CARTERET" was finally adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Mav 3. 2001 April 19. 2001 Approved and Adopted: Introduced: Advertised as Adopted on First Reading with notice of Public Hearing: April 24. 2001 Hearing held: Mav 3.2001 Approved by: Mavor James A. Failace Advertised as Finally Adopted: Mav 1 L 2001 The Clerk stated Ordinance #01-25 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council held on April 19,2001. It was duly published in the Home News Tribune on April 24, 2001 with notice that it will be considered for final passage after Public Hearing to be held on May 3, 2001 at approximately 7:30 P.M. the Ordinance was posted on the bulletin board and copies were made available to the general public according to law, she read the Ordinance by title. Upon MMS&C, by Councilmembers Fazekas and Rios and unanimous affirmative vote of the full Councilmembers present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Reiman and Fazekas and unanimous affirmative vote of the full Councilmembers present. 3 MAY 3, 2001 HEARING CLOSED ORDINANCE 101-24 AMENDING AND SUPPLEMENTING ARTICLE I OF THE CODE, RE: DRUG FREE SCHOOL ZONES ADOPTED ORDINANCE 101-25 AMENDING AND SUPPLEMENTING ARTICLE XIV, DESIGN & PERFORMANCE STANDARDS OF CHAPTER 160-LAND DEVELOPMENT OF THE CODE PUBLIC HEARING HEARING CLOSED Dave Crudup said between Middlesex Avenue and Passaic on Industrial Road there are large potholes he felt no one wanted to fill in or maintain. He asked who he should speak to to have it fixed. Mayor Fai1ace said he drove down there and he has asked the Business Administrator if there was something they could do to close that road down until they get some help to fix it. Dave Crudup said at the intersection of Chrome Avenue and Middlesex Avenue is the same way, there are holes there. Mayor Fai1ace said they are going to do what they could. He said it was crumbing and he did not know what was underneath the road or the problem. Business Administrator Goldsack said there was nothing underneath and that was the problem. Mayor Failace said he knew that and felt it needed to be completely redone and he has discussed this with the Business Administrator and they would do whatever they can to get that taken care of. Dave Crudup said what about the sinkhole at the intersection going to the Borough Garage. Mayor Failace said he was not sure which one he was speaking about and on exactly what street. Dave Crudup said by the Municipal Garage there is a huge hole and it is going down as we speak. He said by the Auto Body Shop. Business Administrator Goldsack said that is the collapsed sewer line that is going to be fixed. Dave Crudup asked if that was part of the main sewer line that was put in many years ago, which was causing the problem. Business Administrator Goldsack said no, it was the lateral down at the Department of Public Works. James Mancuso, Jackson Avenue asked if you had a budget and spent over the budget and replaced what you overspend but he didn't care where the money came from, he wanted to know if it was considered an over expenditure. Mayor Fai1ace said he believed that it is. James Mancuso said after speaking to several Attorneys that do this, and Carteret was the only town where they say is not an over expenditure. He said if you get fifty dollars and you spend one hundred you spend fifty dollars over he didn't care what phrase you use for this, they have spent more than they were allowed to spend. He said he did not know how they could put in the newspaper that they used surplus money to cover this and that eight hundred thousand dollars was part of the construction fees. He asked where is the twenty three million. He said Carteret has never received a "Host Fee" from 33 MAY 3, 2001 PUBLIC DISCUSSION Counci1member Rios made a motion to override the Mayor's veto of Ordinance #01-22 Amending Salary Ordinance, Police Chief. Upon MMS&C, by Councilmembers Rios and Santoro ORDINANCE #01-22 "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" was finally adopted. Upon individual roll call vote, Councilmembers Fazekas, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Councilmember Quinones voted no. Mav 3. 2001 Apri15.2001 Approved and Adopted: Introduced: Advertised as adopted on First Reading with notice of Public Hearing: April 10. 2001 Hearing held: April 19. 2001 VETOED by Mayor James A. Failace: Mav L 2001 VETO OVERRIDDEN: Mav 3.2001 Approved by: Council President Jack Fazekas Advertised as Finally Adopted: Mav 15.2001 Mayor Failace said he wanted to clarify something about the vetoes because there were statements in the newspaper. He said he felt it was symbolic that this Council as he has been told many times by Councilmember Reiman has a voting capacity of five to one. He said he would override anything he chose to and wanted everyone to know there was nothing political on his part involved in this. He said he felt very strongly about the position of Director of Public Works for all the good work Mr. Surick has done for the town and the positions he has taken on over the last few years. He reiterated as he had said in his veto there was no doubt in his mind and didn't think any of the Council could challenge Mr. Surick is not qualified for those positions. He said he felt that if the Council did make mistakes when they put this together according to the Borough Attorney as Counci1member Santoro said the mistakes could have just been corrected. He said the Council chose not to do this, they chose to take it away and he believed it was political and vindictive on the Council's side. He said he hired the Police Director, he was part of the search for the Director and believes the Director has done one heck of a job. He said he felt no one on the Council could come to him and say the Director does not do his job or that the Police Department is in disarray or that the Police Department was not better than it was before he took the position. He said he still could not understand why if this was not political why the town has a need for a Chief of Police and would have to pay this person eighty five thousand dollars when the town already has a Director who is paid ninety five thousand dollars to. He said he felt 5 MAY 3, 2001 MOTION MADE TO OVERRIDE MAYOR'S VETO ORDINANCE 101-22 AMENDING SALARY ORDINANCE 171-9,RE: POLICE CHIEF ADOPTED COMMENTS Mayor Failace said he felt they were going to get some movement on this. He said he felt comfortable on that and we would find out in the near future. Dave Crudup said the town was finally making some progress on Chrome Park. He asked Councilmember Santoro when the additional swings would be put back in that park. Mayor Failace said he did not think the intention was to put the swings back because they were in terrible shape. Dave Crudup asked what the children should do, there are only four swings and before there were six swings. He wanted to know what the children should do in the mean time and asked if they intend to put something back. Counci1member Santoro said she agreed with Mr. Crudup. She said she had been riding around to all the parks and she did know the difference of the equipment down there and would like to get more equipment. She said Chrome Park is a very large park and felt the equipment was sparse down there. Dave Crudup said the basketball court was torn up and repaved and he wanted to know if the court would be re-striped. Councilmember Santoro said that was done with the CDBG Grant and the money should be released. Councilmember Reiman said they would allocate some money from the CDBG Block Grant to . . . Dave Crudup interrupted to ask how long that would take. Councilmember Reiman said he did not think the money would be available until October but he would have to check with the Business Administrator. Dave Crudup asked what committee would be able to do this in October because he knew there was a problem with the park being done due to the weather. Councilmember Reiman said it might be done sooner but they would have to find out when the money would become available. Mayor Failace assured Mr. Crudup that as soon as the money is freed up the Council intends to do this. Dave Crudup said the last meeting he came to someone said they were looking into the individual who dumped the garbage behind Salem and Pershing Avenue. Councilmember Sohayda said Councilmember Reiman and himself were down there checking it out and asked if Councilmember Reiman found out anymore information since he was there for an hour but had to leave. 31 MAY 3, 2001 PUBLIC DISCUSSION Councilmember Santoro asked Borough Attorney Bergen how would the Council know that Councilmember Quinones brought up the question. Counci1member Quinones said she asked Mr. Bergen the question. Councilmember Santoro said the Council did not know that. Borough Attorney Bergen said he thought he emphasized it enough that night that it wasn't a fair comparison because the individual was born and raised his family in Keyport and it could not be compared because that individual was doing what he felt was a service to his community. He said the point he was trying to make was you could not compare the salaries for that reason and he felt he tried to emphasis that point when asked. Mayor Failace said he thought there was a seventy eight thousand dollar salary and that there were a number of things that came into the whole picture. He asked Mr. Bergen to forgive him if he offended him and said he was sorry. Councilmember Rios said as far as this being staged it was not staged on his part and he felt it was not staged on Mr. Reiman's part. He said as far as this being political he didn't see it as political because the position was created many years ago and has been vacant for three or four years. Mayor Failace said it has been vacant since the Director, two years. Councilmember Rios said he wanted to state for the record that the position was there already and this Council did not create the position they are just filling it. Mayor Fai1ace said the Director was doing the job of overseeing the department with credentials like a Bachelor's Degree in Police Science, a Master's Degree and he is almost completed on his second Master's Degree. He said there is no comparison in the education and no comparison in the experience. Councilmember Santoro said she would like to say this for the last time, there has been a comparison but none of the Council sat there and said the Director was not qualified or didn't have credentials. She said the Council felt that it better served by having someone who lived in Carteret, continues to be involved in Carteret and spent over twenty years. She said regardless of who the Chief is in the long run, they put years into this and she felt all the education and all the degrees in the world would not exchange for someone knowing where "Brady's Corner", "Five Corners" or the old "LeBows" were. She said those are things an education can not bring in and someone who has been brought up in house and in the area and the Council feels that is what is important. She told the Mayor as far as political; he should drop it because she felt it is only political when they have their opinion. Mayor Failace said he didn't say it was political, Counci1member Reiman said it. 7 MAY 3, 2001 COMMENTS (Continued) Mayor Failace said Tuesday Business Administrator Goldsack, CFO, Patrick DeBlasio and Borough Engineer Don Norbut went to New York in reference to the one point five million dollar grant to work out some things for Congressman Menendez's office and the matching funds the Borough has to do. He said the town has been approved for the way that they chose to match the funds through the bond that the town has already done so they don't have to go into anymore funds. He said that one point five plus the three six that they have gives the town five point one million dollars to move forward with the sewers. He said he appreciated the job these men have done and felt it was a good possibility the town would get this money in July or August and hoped this money would be available every year. He said he felt this would be great if the town gets one point five million dollars more a year to put towards the sewers that would end up saving the Borough of Carteret tens of thousands of dollars in the long run for the improvements that are needed. Nicholas Goldsack, Business Administrator suggested that some time prior to September thirtieth the Mayor and Council pass a Resolution requesting additional appropriations from Congressman Menendez. Mayor Failace agreed and felt we should wait until we get the money before asking for more. He said he agreed for the second time with Councilmember Santoro. He said May fifth is the Special Olympics at nine o'clock in the morning and urges everyone to be there because it was a great day. He said everyone will enjoy this more than anything they have ever done and he has been involved with the "Specials" in Carteret for eight years and felt it was very moving and fun. He said watching them cross the finish line, cheer and cry you will cry and he gets a little teary eyed now but felt it was a lot of fun. He said he felt the problem was not enough citizens come to see these citizens strive to win and strive to do what they do and he felt it was important that the Council gets the word out and be there Saturday. He said he would be there and hoped the Council would be there. He said he met with some members of the County in reference with Strategic Planning as they have done in the passed for Carteret. He said they wanted to review any of the things that were on their list and their number one concern was the Turnpike and Carteret's need for the County to help us in the fight with the Turnpike. He said the County realizes the problem the town is having and this is part of a twenty year plan but hoped the town would not have to wait that long to get this taken care of. He said they discussed the light on lower Roosevelt Avenue and putting it back. He said the County said they did not know the light was gone but assured the Mayor they would work diligently to get that light back. He said he and the Council would stay on top of them to ensure that that gets done. He said he voiced his concerns to the County about the forty million-dollar bond that Woodbridge would be getting and other towns are getting and spoke about what Carteret is not getting. He said he felt comfortable telling them he felt Carteret was getting the short end of the stick and that we need their help. He said he felt unless the County helps us, Carteret would stagnate and would not be able to grow. He said they would not be able to bring in the industry that needs to be brought in if they don't get help with the Turnpike and the County roads. He said they seem to listen and understand but hoped they were not just giving him lip service and he intends to call them back every month to discuss how far they have gotten and where Carteret fits in their plans. He said he told them 29 MAY 3, 2001 COMMENTS (Continued) There being no comments or objections to the Resolutions, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Reiman and Rios and unanimous affirmative vote of the full Councilmembers present. RESOLUTION #01-129 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Rios and Reiman RESOLUTION #01-129 "AUTHORIZING AMENDMENT TO THE 2001 TEMPORARY BUDGET" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. RESOLUTION #01-130 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Sohayda and Santoro RESOLUTION #01-130 "RESOLUTION AUTHORIZING THE FILING OF A RECYCLING TONNAGE GRANT" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in affirmative. 9 MAY 3, 2001 MEETING CLOSED RESOLUTION 101-129 AMENDMENT TO 2001 TEMPORARY BUDGET ADOPTED RESOLUTION 101-130 AUTHORIZING RECYCLING TONNAGE GRANT APPLICATION ADOPTED bulletin board as other Municipalities have. He said he would be reviewing each department and collecting information and streamlining the procedures which would be a little different than other communities and this would eliminate the middle man and slow down the process of getting information onto the bulletin board. He said other Municipalities have a bulletin board on access channels, which broadcast the town's messages and events. He said there are guidelines that the town has to abide by. He said the recording system has been approved for the Court and he hoped they would be getting all new microphones and speakers and he hoped they could use the ceiling speakers. He said next week all Borough employees would have an e mail address to receive and send e-mail through the Internet. He said he would provide information on how to utilize it. He reported progress. Mayor Failace said he intended to ask Councilmember Fazekas about the e-mail. Councilmember Fazekas said they would be using Comcast for the town e-mail and the Internet access. He said the town has been having some trouble over the past few months and they are trying to combine the town's network with Comcast and they were running into some problems but they have now successfully been able to "marry" them which makes it easier. He said what they want to do is provide a service which was at minimal charge which the town was already paying for. He said they are providing a service to the Borough employees and he felt it was a great source the employees could utilize to send e-mail to each other and get information from (inaudible) Councilmember Reiman asked Councilmember Fazekas if the Borough was paying Comcast for the ISP and though under some prior agreements other Internet providers were providing free Internet access to the Borough. Business Administrator Goldsack said Metricom. Councilmember Reiman said he did not know how good they were but said he felt Councilmember Fazekas should take a look at them. Counci1member Fazekas said he was trying to use Comcast for the Borough exclusively. He said he was not only trying to use Comcast fÌom the Borough point of view, he was trying to use it fÌom the (inaudible) events and trying to share that. He said even though some companies say free Internet access there is also support and you would have to use their equipment and software, which they are not providing for fÌee. He said you would probably get an eight hundred number which would be provided on a limited basis for one person and if you were talking a hundred and fifty, two hundred people the companies would not do that and set up e-mail for all those people. He again reported progress. 27 MAY 3, 2001 STANDING COMMITTEES (Continued) RESOLUTION #01-134 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Sohayda and Rios RESOLUTION #01-134 "RESOLUTION AUTHORIZING THE ISSUANCE OF 2001 AMUSEMENT DEVICE LICENSES" was adopted. Upon individual roll call vote, Counci1members Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. RESOLUTION #01-135 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Sohayda and Rios RESOLUTION #01-135 "RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT TO EXCEED $7,845,000.00 GENERAL OBLIGATION SEWER REFUNDING BONDS, SERIES 2001 OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. 11 MAY 3, 2001 RESOLUTION 101-134 DIRECTING THE ISSUANCE OF VARIOUS AMUSEMENT DEVICE LICENSES ADOPTED RESOLUTION 101-135 DETERMINING FORM & DETAILS OF SEWER REFUNDING BOND ADOPTED POLICE: Committee Chairperson Santoro said there was a press release sent today about the search and seizure in the Shore Crest area which resulted in two arrests with a hundred thousand dollar bail. She said it was an excellent job well done and congratulated the officers involved. She said the evidence room is almost completed. She said this was bonded for last year and if any Councilmembers have not seen it they should take a look because Detective Materazzo has done an excellent job. She said she was amazed to see how the room is set up and felt it would be utilized in the future. She said she was working with the PBA. She said awhile back the Council spoke about two Police Officers who were killed in Carteret years ago and the town was going to remember them with a plaque or dedication at the Police Department. She said Director Elg brought it to the attention of the Council and she spoke to Business Administrator Goldsack about working with the PBA about purchasing a monument in dedication to these two officers. She reported progress. PUBLIC WORKS: Committee Chairperson Sohayda complimented Councilmember Reiman for doing what Councilmember Sohayda could not do last year. Councilmember Sohayda said he talked with Dauman last year and tried to get the leaves taken away for fÌee but was not able to do it. He said the Recycling Department has been picking up and they are working on the Recycling Grants. He said they are making pick-ups and if anyone has a special pick-up they should call. He said one of the trucks has a blown motor and hoped they would get the fire truck soon so they could mount the salt spreader permanently to give the town another spreader. He said the Sewer Department has been cleaning up regularly with their twenty five-year-old truck. He said the Streets and Roads Department has just gotten their saws back but they have not been doing any tree service because they have not determined where or when this would be taking place. He said the street signs and stop signs have been going up and when the signs come in they are being put up. He said the men are patching roads as much as they can when the department is notified. He said the department is getting ready to paint lines and has finally gotten the paint machine back after four months. He said the new dump truck with the shiny plow is in. He reported progress. BOARD OF EDUCATION: Committee Chairperson Fazekas said they would be reviewing the budget and if they could not get a date by tomorrow then they should set up a tentative date for the Auditors to meet with the Finance Committee. He said the seventh would be the next working Agenda Meeting. Mayor Failace said he felt they should add this next Thursday with the town's Auditors. He said if they are not going to give the Council a date by tomorrow, the Council would add it to Thursday's Agenda. 25 MAY 3, 2001 STANDING COMMITTEES (Continued) COMMENTS Mayor Fai1ace said it was included in the budget in the past, but the Council has not gotten this information this time. He said he didn't know why and he called to ask Mr. Jubanowsky about this but Mr. Jubanowsky said he didn't know they had given it to the Council and he told the Mayor he would have to work it up. Mayor Failace said he felt the School Board should have their actual versus the appropriation. He said our Auditor's are meeting tomorrow and felt it was imperative they have this information. He said it is a very big deal to know how monies are transferred and the Auditors need to know this information in order to audit the budget. He asked Councilmember Reiman to remind the Auditors and the rest of the Council to take heed to this because he has asked for copies of the budget and he was not sure when the Council would get it. He said the Council has also asked for a meeting with the School Board and they have given the School Board three dates and they did not agree with any of these dates. He said he felt they would be running into problems because the fourteenth might be the earliest and the times were not agreeable. He said so far they do not have a date set up and felt the Council needs to urge them to come up with a date for a meeting to be held as soon as possible. He said they have not given the information the Council needs and he felt this was a problem if the Council was to review this budget properly. Councilmember Santoro said she read in the newspaper that the Mayor sent the state a copy of the letter requesting the appropriation and asked if the Council could see a copy of it. Mayor Failace said she could have a copy and they know exactly what he was talking about. He said he questioned the two audits that he looked at. He said he looked at one audit that said they over expended a line item for eight hundred thousand dollars and looked at another audit following that audit that said that over expenditure was gone and there was not an over expenditure. He said he did not understand if the one audit did not say draft they would have so many different audit numbers and all he was asking for was clarification. He said he was at the Board of Education meeting where they did say something about it and basically they said they would not do something if it was not right and he felt it wasn't a good enough answer for him. He urged Councilmember Reiman to get the information fÌom the School Board. Councilmember Reiman said he would be reaching out to the School Board tonight. He said he talked to (inaudible) Hodulik and Ron Gardener of Hodu1ik and Morrison, the Council has hired them to review the defeated School Board Budget and the Council was very hopeful they would trim a significant amount off this budget. He said he asked them to go through the budget fÌom top to bottom. He said he thought the School Board might be able to go into some shared services similar to what the Borough was going into with Woodbridge Township as far as office supplies. He said perhaps there was some things the Borough could work with the School Board on to save money. He said the twenty five hundred dollars was the not to exceed amount so he felt they could build up to that amount but hoped they would not get that far. He said he would look to set up a Finance meeting with the School Board as soon as possible so they could sit down and go through this. 13 MAY 3, 2001 COMMENTS (Continued) Dauman is going to waive the fee Carteret pays them for leaves which will save the Borough nearly twenty thousand dollars. He said Dauman turns leaves into mulch. He thanked Dauman and said he appreciated them working with the Borough. He said the Council was also going to reach out to Garden State Paper who handles the paper we recycle in Carteret to see if the town could renegotiate the contract and save money. He said Mr. Norbut the Borough Engineer was at the Port Carteret area with him yesterday. He said the Borough received one point eight million dollars in Green Acres funding half was a grant, half was a low interest loan. He said the Borough just received approval fÌom NJDEP to move forward with the process of putting in a waterfÌont park or a marina and they wanted to move forward with the design plans that were drawn up a few years ago. He said Mr. Goldsack, Mr. DeBlasio and himself have started to review the School Board Budget and have reached out to the School Board Finance Committee. He said he has directed the Auditors to begin sitting down with the School Board Business Administrator and their Auditors to see where they could come up with savings. He said the Jet Vac Truck bids were authorized to go out because the last Jet Vac was purchased twenty to twenty five years ago. He said one of the companies who would be putting in a bid has offered to give the town twenty five thousand dollars for the old truck. He said the Finance Committee would have to sit down and see if the Borough needs to purchase this in one year or they should lease it over the next four or five years and purchase it at the end of the lease for a dollar. He said another option would be to bond because this would be a significant cost that would cost the Borough between a hundred and eighty dollars to two hundred fifteen thousand dollars. He said this was something the Finance Committee would have to look into all the options and present their recommendations to the Council. He reported progress. ~. FIRE: Committee Chairperson Rios congratulated the three Captains who were appointed tonight. He complimented the work of the Fire Department, the Police Department, the Streets and Roads Department and Sewers for the great job they did on the fuel spill on the Turnpike entrance a week and a half; two weeks ago. He complimented the Fire Department for the excellent job they did extracting a man on Monday fÌom an overturned vehicle on the Turnpike; they did a great job. He said the Fire Department has conducted the mandatory HAZMA T training and six men completed this training at the Fire Academy. He said these men learned how to counsel and direct juvenile fire setters. He said on April 25th career and volunteer fire fighters attended career day at Carteret High School the presentations were well attended and the students were very interested in both programs. He said on May 9th the Fire Department would put on an extraction demonstration with simulated accident victims for the high school students in conjunction with the high school Students Against Drunk Driving Program. He said he felt it was a very important program and hoped it would avoid any injures concerning drunk driving. He said they would try to cut costs by fixing the fire trucks and one mechanic at a time would be attending a school offered by America La France, the company that makes the fire truck. He said he hoped by the end of the year all of the Borough mechanics would be trained and the town would save money by fixing their own fire trucks. He reported progress. 23 MAY 3, 2001 STANDING COMMITTEES (Continued) RESOLUTION #01-139 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Santoro and Sohayda RESOLUTION #01-139 "RESOLUTION APPROVING MEMORANDUM OF AGREEMENT" was adopted. Upon individual roll call vote, Counci1members Fazekas, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Councilmember Quinones voted no. Councilmember Quinones asked Borough Attorney Bergen what this change does because she was not present when the discussion took place. Borough Attorney Bergen said in essence under the grievance procedure it allows the Mayor and Council at their sole discretion to allow the Police Committee to have the grievance hearing with the PBA. Counci1member Quinones said this reads that under the discretion of the Mayor and Council. She asked if the Council wants to do that and the Mayor disagrees, could the Council override that. Borough Attorney Bergen said no, he just reused the language that was already in the contract. He said generally his choice would have been the Governing Body but for language sake it reads better but clearly it would be the Council's decision because the Mayor would not have a vote on whether or not he participates in the grievance procedures so the Mayor and Council is reflective of the Governing Body. Councilmember Quinones again asked why the Council was doing this. Counci1member Santoro said it was a recommendation from the Police Committee to add and! or. She said it could be either, in the passed it had been done. . . Councilmember Quinones interrupted to say you are taking it away. Councilmember Santoro said they are not taking it away, because it could be heard from the Council or fÌom the Police Committee as it had been done in the past; it is just an option. Councilmember Reiman asked Borough Attorney Bergen just for clarification purposes even if the Police Committee hears the grievance (inaudible) the Council present; the entire Council could then decide to hear the grievance or follow the recommendation. 15 MAY 3, 2001 RESOLUTION #01-139 APPROVING MEMORANDUM OF AGREEMENT, RE: PBA LOCAL #47 & SOA ADOPTED COMMENTS The Clerk stated that she was in receipt of a Communication fÌom Middlesex County-Public Hearings, 5/23/01, New Brunswick, NJ-Re: a) Application to NJ Transit to receive funds to improve transportation opportunities for Elderly and Disabled Residents. b) Increase in fares for 2002-Area Wide Transportation Services. The Clerk stated that she was in receipt of a Communication from Comcast Business Solutions-Notice of petition for approval of tariff that sets forth terms and conditions to provide competitive telephone services. The Clerk stated that she was in receipt of a Communication fÌom the Township of Edison-Ordinance, Re: Family Employment in Governmental Entities. The Clerk stated that she was in receipt of a Communication fÌom the Borough of Sayreville-a) Resolution supporting S-845 and A-1712, Re: Authorizing assessment of development impact fees by municipalities. b) Resolution supporting S-2281 and A-2347, Re: Residential Taxpayer Relief. Upon MMS&C, by Councilmembers Fazekas and Reiman and unanimous affirmative vote of the full Counci1members present all Communications were ordered to be received and placed on file. Upon MMS&C, by Councilmembers Sohayda and Santoro all bills appearing on the prepared list properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. The Clerk stated that she was in receipt of the following reports: 1. Board of Health-March 2001 2. Clerk's Office-April 2001 3. Sewage Collection-March 2001 21 MAY 3, 2001 COMMUNICATIONS: MIDDLESEX COUNTY COMCAST BUSINESS SOLUTIONS TOWNSHIP OF EDISON BOROUGH OF SPOTS WOOD PAYMENT OF BILLS REPORTS DEPARTMENT he felt it would speed up the process. He said there were other committees and other positions people were appointed to like Mr. Goldsack being on negotiation. He felt this was just the same thing as Councilmembers being on committees and having an active role or part and expediting the whole process. Councilmember Santoro said this adds the word more it doesn't take away from the Council and (inaudible) the Police Committee. She agreed with Councilmember Reiman when he said years back the Mayor had the sole discretion of hearing grievances and at one time the Police Committee did. She said this extends fÌom the Mayor and Council to the Police Committee. Mayor Failace said in reference to Nicholas Goldsack, Business Administrator doing the negotiation, it was not only Mr. Goldsack that did the negotiating because the Council would not do that. He said he believed in the grievance hearings especially with the Police because the police file a ton of grievances and felt it was important that the full Council hear the case and they have full disclosure. He said he believed too much is being taken away from himself and he felt there needs to be the full Council that hears these grievances because these grievances are very detailed and in depth. He said he knew that three people could do it but he believed the full Council should hear it and felt there is too much taken away fÌom the full Council although the Council has a final say. He said he felt some individuals on the Council are getting much too powerful. Borough Attorney Bergen said there was nothing in this agreement that requires that grievances have to be heard by a Committee and it was the original draft. He said he made sure they amended it to include the Council. Mayor Failace said he knew it was in awe and he hoped the Council would agree when it is in awe that it becomes the Mayor and Council. RESOLUTION #01-140 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Rios and Santoro RESOLUTION #01-140 "AUTHORIZING BIDS-CARTERET AVENUE PEDESTRIAN SAFETY IMPROVEMENTS" was adopted. Upon individual roll call vote, Counci1members Fazekas, Quinones, Reiman, Rios, Santoro and Santoro voted in the affirmative. 17 MAY 3, 2001 COMMENTS (Continued) RESOLUTION 101-140 AUTHORIZING BIDS- CARTERET AVENUE PEDESTRIAN SAFETY IMPROVEMENTS ADOPTED RESOLUTION #01-144 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Counci1members Rios and Reiman RESOLUTION #01-144 "CERTIFYING BRIAN F. O'CONNOR FIRE CAPTAIN IN THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Mayor Failace congratulated Captain Richert and said this was some sort of finalization, closure. He congratulated Captain Bonner on his appointment. Councilmember Fazekas said he was very happy to vote yes on Resolution #01-144 appointing Brian O'Connor to Captain after all these years and wished him his best and good luck. Councilmember Reiman congratulated all three Fire Captains and said they do a wonderful job. Councilmember Rios said as Fire Commissioner he has worked very closely with Battalion Chief, Captain O'Connor and he felt this was just another step to get the town on track. He said it was a pleasure and an honor to work with all three of these men and wished them his best and congratulated them. Councilmember Santoro congratulated all three men and said they were all hardworking and qualified. She said there was not another person in any position the Council could select that would be more qualified than Mr. O'Connor, who she felt would be more qualified for any position he had been placed in. She said the Council is reaching for the top and Mr. O'Connor is more than qualified for the top and she felt this was just the first step. Councilmember Sohayda jokingly asked Mr. O'Connor if he had to work for all the titles he (inaudible) Mayor Failace said this was a rarity he was agreeing with the Council and especially Councilmember Santoro and again congratulated the three men. 19 MAY 3, 2001 RESOLUTION #01-144 APPOINTING BRIAN O'CONNOR- FIRE CAPTAIN ADOPTED COMMENTS RESOLUTION #01-144 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Rios and Reiman RESOLUTION #01-144 "CERTIFYING BRIAN F. O'CONNOR FIRE CAPTAIN IN THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Mayor Failace congratulated Captain Richert and said this was some sort of finalization, closure. He congratulated Captain Bonner on his appointment. Councilmember Fazekas said he was very happy to vote yes on Resolution #01-144 appointing Brian 0' Connor to Captain after all these years and wished him his best and good luck. Councilmember Reiman congratulated all three Fire Captains and said they do a wonderful job. Councilmember Rios said as Fire Commissioner he has worked very closely with Battalion Chief, Captain O'Connor and he felt this was just another step to get the town on track. He said it was a pleasure and an honor to work with all three of these men and wished them his best and congratulated them. Councilmember Santoro congratulated all three men and said they were all hardworking and qualified. She said there was not another person in any position the Council could select that would be more qualified than Mr. O'Connor, who she felt would be more qualified for any position he had been placed in. She said the Council is reaching for the top and Mr. O'Connor is more than qualified for the top and she felt this was just the first step. Councilmember Sohayda jokingly asked Mr. O'Connor if he had to work for all the titles he (inaudible) Mayor Fai1ace said this was a rarity he was agreeing with the Council and especially Councilmember Santoro and again congratulated the three men. 19 MAY 3, 2001 RESOLUTION 101-144 APPOINTING BRIAN O'CONNOR- FIRE CAPTAIN ADOPTED COMMENTS he felt it would speed up the process. He said there were other committees and other positions people were appointed to like Mr. Goldsack being on negotiation. He felt this was just the same thing as Counci1members being on committees and having an active role or part and expediting the whole process. Counci1member Santoro said this adds the word more it doesn't take away from the Council and (inaudible) the Police Committee. She agreed with Councilmember Reiman when he said years back the Mayor had the sole discretion of hearing grievances and at one time the Police Committee did. She said this extends fÌom the Mayor and Council to the Police Committee. Mayor Failace said in reference to Nicholas Goldsack, Business Administrator doing the negotiation, it was not only Mr. Goldsack that did the negotiating because the Council would not do that. He said he believed in the grievance hearings especially with the Police because the police file a ton of grievances and felt it was important that the full Council hear the case and they have full disclosure. He said he believed too much is being taken away from himself and he felt there needs to be the full Council that hears these grievances because these grievances are very detailed and in depth. He said he knew that three people could do it but he believed the full Council should hear it and felt there is too much taken away fÌom the full Council although the Council has a final say. He said he felt some individuals on the Council are getting much too powerful. Borough Attorney Bergen said there was nothing in this agreement that requires that grievances have to be heard by a Committee and it was the original draft. He said he made sure they amended it to include the Council. Mayor Failace said he knew it was in awe and he hoped the Council would agree when it is in awe that it becomes the Mayor and Council. RESOLUTION #01-140 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Rios and Santoro RESOLUTION #01-140 "AUTHORIZING BIDS-CARTERET AVENUE PEDESTRIAN SAFETY IMPROVEMENTS" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Santoro voted in the affirmative. 17 MAY 3, 2001 COMMENTS (Continued) RESOLUTION 101-140 AUTHORIZING BIDS- CARTERET AVENUE PEDESTRIAN SAFETY IMPROVEMENTS ADOPTED The Clerk stated that she was in receipt of a Communication from Middlesex County -Public Hearings, 5/23/01, New Brunswick, NJ-Re: a) Application to NJ Transit to receive funds to improve transportation opportunities for Elderly and Disabled Residents. b) Increase in fares for 2002-Area Wide Transportation Services. The Clerk stated that she was in receipt of a Communication fÌom Comcast Business Solutions-Notice of petition for approval of tariff that sets forth terms and conditions to provide competitive telephone servIces. The Clerk stated that she was in receipt of a Communication fÌom the Township of Edison-Ordinance, Re: Family Employment in Governmental Entities. The Clerk stated that she was in receipt of a Communication fÌom the Borough of Sayreville-a) Resolution supporting S-845 and A-1712, Re: Authorizing assessment of development impact fees by municipalities. b) Resolution supporting S-2281 and A-2347, Re: Residential Taxpayer Relief. Upon MMS&C, by Councilmembers Fazekas and Reiman and unanimous affirmative vote of the full Councilmembers present all Communications were ordered to be received and placed on file. Upon MMS&C, by Councilmembers Sohayda and Santoro all bills appearing on the prepared list properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. The Clerk stated that she was in receipt of the following reports: 1. Board of Health-March 2001 2. Clerk's Office-April 2001 3. Sewage Collection-March 2001 21 MAY 3, 2001 COMMUNICATIONS: MIDDLESEX COUNTY COMCAST BUSINESS SOLUTIONS TOWNSHIP OF EDISON BOROUGH OF SPOTS WOOD PAYMENT OF BILLS REPORTS DEPARTMENT RESOLUTION #01-139 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Santoro and Sohayda RESOLUTION #01-139 "RESOLUTION APPROVING MEMORANDUM OF AGREEMENT" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Councilmember Quinones voted no. Councilmember Quinones asked Borough Attorney Bergen what this change does because she was not present when the discussion took place. Borough Attorney Bergen said in essence under the grievance procedure it allows the Mayor and Council at their sole discretion to allow the Police Committee to have the grievance hearing with the PBA. Councilmember Quinones said this reads that under the discretion of the Mayor and Council. She asked if the Council wants to do that and the Mayor disagrees, could the Council override that. Borough Attorney Bergen said no, he just reused the language that was already in the contract. He said generally his choice would have been the Governing Body but for language sake it reads better but clearly it would be the Council's decision because the Mayor would not have a vote on whether or not he participates in the grievance procedures so the Mayor and Council is reflective of the Governing Body. Councilmember Quinones again asked why the Council was doing this. Councilmember Santoro said it was a recommendation from the Police Committee to add and! or. She said it could be either, in the passed it had been done. . . Councilmember Quinones interrupted to say you are taking it away. Councilmember Santoro said they are not taking it away, because it could be heard from the Council or from the Police Committee as it had been done in the past; it is just an option. Councilmember Reiman asked Borough Attorney Bergen just for clarification purposes even if the Police Committee hears the grievance (inaudible) the Council present; the entire Council could then decide to hear the grievance or follow the recommendation. 15 MAY 3, 2001 RESOLUTION #01-139 APPROVING MEMORANDUM OF AGREEMENT, RE: PBA LOCAL #47 & SOA ADOPTED COMMENTS Dauman is going to waive the fee Carteret pays them for leaves which will save the Borough nearly twenty thousand dollars. He said Dauman turns leaves into mulch. He thanked Dauman and said he appreciated them working with the Borough. He said the Council was also going to reach out to Garden State Paper who handles the paper we recycle in Carteret to see if the town could renegotiate the contract and save money. He said Mr. Norbut the Borough Engineer was at the Port Carteret area with him yesterday. He said the Borough received one point eight million dollars in Green Acres funding half was a grant, half was a low interest loan. He said the Borough just received approval from NJDEP to move forward with the process of putting in a waterfÌont park or a marina and they wanted to move forward with the design plans that were drawn up a few years ago. He said Mr. Goldsack, Mr. DeBlasio and himself have started to review the School Board Budget and have reached out to the School Board Finance Committee. He said he has directed the Auditors to begin sitting down with the School Board Business Administrator and their Auditors to see where they could come up with savings. He said the Jet Vac Truck bids were authorized to go out because the last Jet Vac was purchased twenty to twenty five years ago. He said one of the companies who would be putting in a bid has offered to give the town twenty five thousand dollars for the old truck. He said the Finance Committee would have to sit down and see if the Borough needs to purchase this in one year or they should lease it over the next four or five years and purchase it at the end of the lease for a dollar. He said another option would be to bond because this would be a significant cost that would cost the Borough between a hundred and eighty dollars to two hundred fifteen thousand dollars. He said this was something the Finance Committee would have to look into all the options and present their recommendations to the Council. He reported progress. FIRE: Committee Chairperson Rios congratulated the three Captains who were appointed tonight. He complimented the work of the Fire Department, the Police Department, the Streets and Roads Department and Sewers for the great job they did on the fuel spill on the Turnpike entrance a week and a half; two weeks ago. He complimented the Fire Department for the excellent job they did extracting a man on Monday fÌom an overturned vehicle on the Turnpike; they did a great job. He said the Fire Department has conducted the mandatory HAZMA T training and six men completed this training at the Fire Academy. He said these men learned how to counsel and direct juvenile fire setters. He said on April 25th career and volunteer fire fighters attended career day at Carteret High School the presentations were well attended and the students were very interested in both programs. He said on May 9th the Fire Department would put on an extraction demonstration with simulated accident victims for the high school students in conjunction with the high school Students Against Drunk Driving Program. He said he felt it was a very important program and hoped it would avoid any injures concerning drunk driving. He said they would try to cut costs by fixing the fire trucks and one mechanic at a time would be attending a school offered by America La France, the company that makes the fire truck. He said he hoped by the end ofthe year all of the Borough mechanics would be trained and the town would save money by fixing their own fire trucks. He reported progress. 23 MAY 3, 2001 STANDING COMMITTEES (Continued) Mayor Fai1ace said it was included in the budget in the past, but the Council has not gotten this information this time. He said he didn't know why and he called to ask Mr. Jubanowsky about this but Mr. Jubanowsky said he didn't know they had given it to the Council and he told the Mayor he would have to work it up. Mayor Fai1ace said he felt the School Board should have their actual versus the appropriation. He said our Auditor's are meeting tomorrow and felt it was imperative they have this information. He said it is a very big deal to know how monies are transferred and the Auditors need to know this information in order to audit the budget. He asked Councilmember Reiman to remind the Auditors and the rest of the Council to take heed to this because he has asked for copies of the budget and he was not sure when the Council would get it. He said the Council has also asked for a meeting with the School Board and they have given the School Board three dates and they did not agree with any of these dates. He said he felt they would be running into problems because the fourteenth might be the earliest and the times were not agreeable. He said so far they do not have a date set up and felt the Council needs to urge them to come up with a date for a meeting to be held as soon as possible. He said they have not given the information the Council needs and he felt this was a problem if the Council was to review this budget properly. Counci1member Santoro said she read in the newspaper that the Mayor sent the state a copy of the letter requesting the appropriation and asked if the Council could see a copy of it. Mayor Failace said she could have a copy and they know exactly what he was talking about. He said he questioned the two audits that he looked at. He said he looked at one audit that said they over expended a line item for eight hundred thousand dollars and looked at another audit following that audit that said that over expenditure was gone and there was not an over expenditure. He said he did not understand if the one audit did not say draft they would have so many different audit numbers and all he was asking for was clarification. He said he was at the Board of Education meeting where they did say something about it and basically they said they would not do something if it was not right and he felt it wasn't a good enough answer for him. He urged Councilmember Reiman to get the information fÌom the School Board. Councilmember Reiman said he would be reaching out to the School Board tonight. He said he talked to (inaudible) Hodulik and Ron Gardener of Hodulik and Morrison, the Council has hired them to review the defeated School Board Budget and the Council was very hopeful they would trim a significant amount off this budget. He said he asked them to go through the budget fÌom top to bottom. He said he thought the School Board might be able to go into some shared services similar to what the Borough was going into with Woodbridge Township as far as office supplies. He said perhaps there was some things the Borough could work with the School Board on to save money. He said the twenty five hundred dollars was the not to exceed amount so he felt they could build up to that amount but hoped they would not get that far. He said he would look to set up a Finance meeting with the School Board as soon as possible so they could sit down and go through this. 13 MAY 3, 2001 COMMENTS (Continued) POLICE: Committee Chairperson Santoro said there was a press release sent today about the search and seizure in the Shore Crest area which resulted in two arrests with a hundred thousand dollar bail. She said it was an excellent job well done and congratulated the officers involved. She said the evidence room is almost completed. She said this was bonded for last year and if any Councilmembers have not seen it they should take a look because Detective Materazzo has done an excellent job. She said she was amazed to see how the room is set up and felt it would be utilized in the future. She said she was working with the PBA. She said awhile back the Council spoke about two Police Officers who were killed in Carteret years ago and the town was going to remember them with a plaque or dedication at the Police Department. She said Director Elg brought it to the attention of the Council and she spoke to Business Administrator Goldsack about working with the PBA about purchasing a monument in dedication to these two officers. She reported progress. PUBLIC WORKS: Committee Chairperson Sohayda complimented Councilmember Reiman for doing what Councilmember Sohayda could not do last year. Councilmember Sohayda said he talked with Dauman last year and tried to get the leaves taken away for free but was not able to do it. He said the Recycling Department has been picking up and they are working on the Recycling Grants. He said they are making pick-ups and if anyone has a special pick-up they should call. He said one of the trucks has a blown motor and hoped they would get the fire truck soon so they could mount the salt spreader permanently to give the town another spreader. He said the Sewer Department has been cleaning up regularly with their twenty five-year-old truck. He said the Streets and Roads Department has just gotten their saws back but they have not been doing any tree service because they have not determined where or when this would be taking place. He said the street signs and stop signs have been going up and when the signs come in they are being put up. He said the men are patching roads as much as they can when the department is notified. He said the department is getting ready to paint lines and has finally gotten the paint machine back after four months. He said the new dump truck with the shiny plow is in. He reported progress. BOARD OF EDUCATION: Committee Chairperson Fazekas said they would be reviewing the budget and if they could not get a date by tomorrow then they should set up a tentative date for the Auditors to meet with the Finance Committee. He said the seventh would be the next working Agenda Meeting. Mayor Failace said he felt they should add this next Thursday with the town's Auditors. He said if they are not going to give the Council a date by tomorrow, the Council would add it to Thursday's Agenda. 25 MAY 3, 2001 STANDING COMMITTEES (Continued) COMMENTS RESOLUTION #01-134 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Sohayda and Rios RESOLUTION #01-134 "RESOLUTION AUTHORIZING THE ISSUANCE OF 2001 AMUSEMENT DEVICE LICENSES" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. RESOLUTION #01-135 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Sohayda and Rios RESOLUTION #01-135 "RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT TO EXCEED $7,845,000.00 GENERAL OBLIGATION SEWER REFUNDING BONDS, SERIES 2001 OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. 11 MAY 3, 2001 RESOLUTION 101-134 DIRECTING THE ISSUANCE OF VARIOUS AMUSEMENT DEVICE LICENSES ADOPTED RESOLUTION 101-135 DETERMINING FORM & DETAILS OF SEWER REFUNDING BOND ADOPTED bulletin board as other Municipalities have. He said he would be reviewing each department and collecting information and streamlining the procedures which would be a little different than other communities and this would eliminate the middle man and slow down the process of getting information onto the bulletin board. He said other Municipalities have a bulletin board on access channels, which broadcast the town's messages and events. He said there are guidelines that the town has to abide by. He said the recording system has been approved for the Court and he hoped they would be getting all new microphones and speakers and he hoped they could use the ceiling speakers. He said next week all Borough employees would have an e mail address to receive and send e-mail through the Internet. He said he would provide information on how to utilize it. He reported progress. Mayor Fai1ace said he intended to ask Councilmember Fazekas about the e-mail. Councilmember Fazekas said they would be using Comcast for the town e-mail and the Internet access. He said the town has been having some trouble over the past few months and they are trying to combine the town's network with Comcast and they were running into some problems but they have now successfully been able to "marry" them which makes it easier. He said what they want to do is provide a service which was at minimal charge which the town was already paying for. He said they are providing a service to the Borough employees and he felt it was a great source the employees could utilize to send e-mail to each other and get information fÌom (inaudible) Counci1member Reiman asked Councilmember Fazekas if the Borough was paying Comcast for the ISP and though under some prior agreements other Internet providers were providing free Internet access to the Borough. Business Administrator Goldsack said Metricom. Councilmember Reiman said he did not know how good they were but said he felt Counci1member Fazekas should take a look at them. Councilmember Fazekas said he was trying to use Comcast for the Borough exclusively. He said he was not only trying to use Comcast from the Borough point of view, he was trying to use it fÌom the (inaudible) events and trying to share that. He said even though some companies say free Internet access there is also support and you would have to use their equipment and software, which they are not providing for fÌee. He said you would probably get an eight hundred number which would be provided on a limited basis for one person and if you were talking a hundred and fifty, two hundred people the companies would not do that and set up e-mail for all those people. He again reported progress. 27 MAY 3, 2001 STANDING COMMITTEES (Continued) There being no comments or objections to the Resolutions, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Reiman and Rios and unanimous affirmative vote of the full Councilmembers present. RESOLUTION #01-129 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Rios and Reiman RESOLUTION #01-129 "AUTHORIZING AMENDMENT TO THE 2001 TEMPORARY BUDGET" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. RESOLUTION #01-130 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Counci1members Sohayda and Santoro RESOLUTION #01-130 "RESOLUTION AUTHORIZING THE FILING OF A RECYCLING TONNAGE GRANT" was adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in affirmative. 9 MAY 3, 2001 MEETING CLOSED RESOLUTION 101-129 AMENDMENT TO 2001 TEMPORARY BUDGET ADOPTED RESOLUTION 101-130 AUTHORIZING RECYCLING TONNAGE GRANT APPLICATION ADOPTED Mayor Failace said Tuesday Business Administrator Goldsack, CFO, Patrick DeBlasio and Borough Engineer Don Norbut went to New York in reference to the one point five million dollar grant to work out some things for Congressman Menendez's office and the matching funds the Borough has to do. He said the town has been approved for the way that they chose to match the funds through the bond that the town has already done so they don't have to go into anymore funds. He said that one point five plus the three six that they have gives the town five point one million dollars to move forward with the sewers. He said he appreciated the job these men have done and felt it was a good possibility the town would get this money in July or August and hoped this money would be available every year. He said he felt this would be great if the town gets one point five million dollars more a year to put towards the sewers that would end up saving the Borough of Carteret tens of thousands of dollars in the long run for the improvements that are needed. Nicholas Goldsack, Business Administrator suggested that some time prior to September thirtieth the Mayor and Council pass a Resolution requesting additional appropriations fÌom Congressman Menendez. Mayor Failace agreed and felt we should wait until we get the money before asking for more. He said he agreed for the second time with Councilmember Santoro. He said May fifth is the Special Olympics at nine o'clock in the morning and urges everyone to be there because it was a great day. He said everyone will enjoy this more than anything they have ever done and he has been involved with the "Specials" in Carteret for eight years and felt it was very moving and fun. He said watching them cross the finish line, cheer and cry you will cry and he gets a little teary eyed now but felt it was a lot of fun. He said he felt the problem was not enough citizens come to see these citizens strive to win and strive to do what they do and he felt it was important that the Council gets the word out and be there Saturday. He said he would be there and hoped the Council would be there. He said he met with some members of the County in reference with Strategic Planning as they have done in the passed for Carteret. He said they wanted to review any of the things that were on their list and their number one concern was the Turnpike and Carteret's need for the County to help us in the fight with the Turnpike. He said the County realizes the problem the town is having and this is part of a twenty year plan but hoped the town would not have to wait that long to get this taken care of. He said they discussed the light on lower Roosevelt A venue and putting it back. He said the County said they did not know the light was gone but assured the Mayor they would work diligently to get that light back. He said he and the Council would stay on top of them to ensure that that gets done. He said he voiced his concerns to the County about the forty million-dollar bond that Woodbridge would be getting and other towns are getting and spoke about what Carteret is not getting. He said he felt comfortable telling them he felt Carteret was getting the short end of the stick and that we need their help. He said he felt unless the County helps us, Carteret would stagnate and would not be able to grow. He said they would not be able to bring in the industry that needs to be brought in if they don't get help with the Turnpike and the County roads. He said they seem to listen and understand but hoped they were not just giving him lip service and he intends to call them back every month to discuss how far they have gotten and where Carteret fits in their plans. He said he told them 29 MAY 3, 2001 COMMENTS (Continued) Councilmember Santoro asked Borough Attorney Bergen how would the Council know that Councilmember Quinones brought up the question. Councilmember Quinones said she asked Mr. Bergen the question. Councilmember Santoro said the Council did not know that. Borough Attorney Bergen said he thought he emphasized it enough that night that it wasn't a fair comparison because the individual was born and raised his family in Keyport and it could not be compared because that individual was doing what he felt was a service to his community. He said the point he was trying to make was you could not compare the salaries for that reason and he felt he tried to emphasis that point when asked. Mayor Failace said he thought there was a seventy eight thousand dollar salary and that there were a number of things that came into the whole picture. He asked Mr. Bergen to forgive him if he offended him and said he was sorry. Councilmember Rios said as far as this being staged it was not staged on his part and he felt it was not staged on Mr. Reiman's part. He said as far as this being political he didn't see it as political because the position was created many years ago and has been vacant for three or four years. Mayor Failace said it has been vacant since the Director, two years. Councilmember Rios said he wanted to state for the record that the position was there already and this Council did not create the position they are just filling it. Mayor Failace said the Director was doing the job of overseeing the department with credentials like a Bachelor's Degree in Police Science, a Master's Degree and he is almost completed on his second Master's Degree. He said there is no comparison in the education and no comparison in the experience. Councilmember Santoro said she would like to say this for the last time, there has been a comparison but none of the Council sat there and said the Director was not qualified or didn't have credentials. She said the Council felt that it better served by having someone who lived in Carteret, continues to be involved in Carteret and spent over twenty years. She said regardless of who the Chief is in the long run, they put years into this and she felt all the education and all the degrees in the world would not exchange for someone knowing where "Brady's Corner", "Five Corners" or the old "LeBows" were. She said those are things an education can not bring in and someone who has been brought up in house and in the area and the Council feels that is what is important. She told the Mayor as far as political; he should drop it because she felt it is only political when they have their opinion. Mayor Failace said he didn't say it was political, Councilmember Reiman said it. 7 MAY 3, 2001 COMMENTS (Continued) Mayor Failace said he felt they were going to get some movement on this. He said he felt comfortable on that and we would find out in the near future. Dave Crudup said the town was finally making some progress on Chrome Park. He asked Counci1member Santoro when the additional swings would be put back in that park. Mayor Failace said he did not think the intention was to put the swings back because they were in terrible shape. Dave Crudup asked what the children should do, there are only four swings and before there were six swings. He wanted to know what the children should do in the mean time and asked if they intend to put something back. Councilmember Santoro said she agreed with Mr. Crudup. She said she had been riding around to all the parks and she did know the difference of the equipment down there and would like to get more equipment. She said Chrome Park is a very large park and felt the equipment was sparse down there. Dave Crudup said the basketball court was torn up and repaved and he wanted to know if the court would be re-striped. Councilmember Santoro said that was done with the CDBG Grant and the money should be released. Councilmember Reiman said they would allocate some money from the CDBG Block Grant to . . . Dave Crudup interrupted to ask how long that would take. Councilmember Reiman said he did not think the money would be available until October but he would have to check with the Business Administrator. Dave Crudup asked what committee would be able to do this in October because he knew there was a problem with the park being done due to the weather. Councilmember Reiman said it might be done sooner but they would have to find out when the money would become available. Mayor Failace assured Mr. Crudup that as soon as the money is freed up the Council intends to do this. Dave Crudup said the last meeting he came to someone said they were looking into the individual who dumped the garbage behind Salem and Pershing Avenue. Councilmember Sohayda said Councilmember Reiman and himself were down there checking it out and asked if Councilmember Reiman found out anymore information since he was there for an hour but had to leave. 31 MAY 3, 2001 PUBLIC DISCUSSION Councilmember Rios made a motion to override the Mayor's veto of Ordinance #01-22 Amending Salary Ordinance, Police Chief. Upon MMS&C, by Councilmembers Rios and Santoro ORDINANCE #01-22 "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" was finally adopted. Upon individual roll call vote, Councilmembers Fazekas, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Councilmember Quinones voted no. Mav 3.2001 April 5. 2001 Approved and Adopted: Introduced: Advertised as adopted on First Reading with notice of Public Hearing: April 10. 2001 Hearing held: April19.2001 VETOED by Mayor James A. Fai1ace: Mav L 2001 VETO OVERRIDDEN: Mav 3. 2001 Approved by: Council President Jack Fazekas Advertised as Finally Adopted: Mav 15.2001 Mayor Failace said he wanted to clarify something about the vetoes because there were statements in the newspaper. He said he felt it was symbolic that this Council as he has been told many times by Counci1member Reiman has a voting capacity of five to one. He said he would override anything he chose to and wanted everyone to know there was nothing political on his part involved in this. He said he felt very strongly about the position of Director of Public Works for all the good work Mr. Surick has done for the town and the positions he has taken on over the last few years. He reiterated as he had said in his veto there was no doubt in his mind and didn't think any of the Council could challenge Mr. Surick is not qualified for those positions. He said he felt that if the Council did make mistakes when they put this together according to the Borough Attorney as Councilmember Santoro said the mistakes could have just been corrected. He said the Council chose not to do this, they chose to take it away and he believed it was political and vindictive on the Council's side. He said he hired the Police Director, he was part of the search for the Director and believes the Director has done one heck of a job. He said he felt no one on the Council could come to him and say the Director does not do his job or that the Police Department is in disarray or that the Police Department was not better than it was before he took the position. He said he still could not understand why if this was not political why the town has a need for a Chief of Police and would have to pay this person eighty five thousand dollars when the town already has a Director who is paid ninety five thousand dollars to. He said he felt 5 MAY 3, 2001 MOTION MADE TO OVERRIDE MAYOR'S VETO ORDINANCE 101-22 AMENDING SALARY ORDINANCE 171-9,RE: POLICE CHIEF ADOPTED COMMENTS Dave Crudup said between Middlesex Avenue and Passaic on Industrial Road there are large potholes he felt no one wanted to fill in or maintain. He asked who he should speak to to have it fixed. Mayor Failace said he drove down there and he has asked the Business Administrator if there was something they could do to close that road down until they get some help to fix it. Dave Crudup said at the intersection of Chrome Avenue and Middlesex Avenue is the same way, there are holes there. Mayor Failace said they are going to do what they could. He said it was crumbing and he did not know what was underneath the road or the problem. Business Administrator Goldsack said there was nothing underneath and that was the problem. Mayor Failace said he knew that and felt it needed to be completely redone and he has discussed this with the Business Administrator and they would do whatever they can to get that taken care of. Dave Crudup said what about the sinkhole at the intersection going to the Borough Garage. Mayor Failace said he was not sure which one he was speaking about and on exactly what street. Dave Crudup said by the Municipal Garage there is a huge hole and it is going down as we speak. He said by the Auto Body Shop. Business Administrator Goldsack said that is the collapsed sewer line that is going to be fixed. Dave Crudup asked if that was part of the main sewer line that was put in many years ago, which was causing the problem. Business Administrator Goldsack said no, it was the lateral down at the Department of Public Works. James Mancuso, Jackson A venue asked if you had a budget and spent over the budget and replaced what you overspend but he didn't care where the money came fÌom, he wanted to know if it was considered an over expenditure. Mayor Failace said he believed that it is. James Mancuso said after speaking to several Attorneys that do this, and Carteret was the only town where they say is not an over expenditure. He said if you get fifty dollars and you spend one hundred you spend fifty dollars over he didn't care what phrase you use for this, they have spent more than they were allowed to spend. He said he did not know how they could put in the newspaper that they used surplus money to cover this and that eight hundred thousand dollars was part of the construction fees. He asked where is the twenty three million. He said Carteret has never received a "Host Fee" from 33 MAY 3, 2001 PUBLIC DISCUSSION There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Rios and Fazekas and unanimous affirmative vote of the full Councilmembers present. Upon MMS&C, by Councilmembers Rios and Reiman ORDINANCE #01-24 "ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE I 'DRUG FREE SCHOOL ZONES' OF CHAPTER 121 'DRUGS AND DRUG PARAPHENALIA' OF THE CODE OF THE BOROUGH OF CARTERET" was finally adopted. Upon individual roll call vote, Councilmembers Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. Mav 3. 2001 April 19. 2001 Approved and Adopted: Introduced: Advertised as Adopted on First Reading with notice of Public Hearing: April 24. 2001 Hearing held: Mav 3. 2001 Approved by: Mavor James A. Failace Advertised as Finally Adopted: Mav 1 L 2001 The Clerk stated Ordinance #01-25 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council held on April 19,2001. It was duly published in the Home News Tribune on April 24, 2001 with notice that it will be considered for final passage after Public Hearing to be held on May 3, 2001 at approximately 7:30 P.M. the Ordinance was posted on the bulletin board and copies were made available to the general public according to law, she read the Ordinance by title. Upon MMS&C, by Councilmembers Fazekas and Rios and unanimous affirmative vote of the full Councilmembers present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Reiman and Fazekas and unanimous affirmative vote ofthe full Counci1members present. 3 MAY 3, 2001 HEARING CLOSED ORDINANCE 101-24 AMENDING AND SUPPLEMENTING ARTICLE I OF THE CODE, RE: DRUG FREE SCHOOL ZONES ADOPTED ORDINANCE 101-25 AMENDING AND SUPPLEMENTING ARTICLE XIV, DESIGN & PERFORMANCE STANDARDS OF CHAPTER 160-LAND DEVELOPMENT OF THE CODE PUBLIC HEARING HEARING CLOSED Councilmember Reiman said he had something to add that he should have had in his report earlier. He said Mr. Goldsack, the Borough Engineer and himself were out reviewing some of the streets. He said on Tennyson Street where the Water Company was out chopping up the streets he felt it was a disaster over there. He said a letter has been sent fÌom the Engineer to the Water Company to see if they could come back and fill the potholes and repair the damage they did to the streets in Carteret. He said the Council would discuss at next week's Agenda Meeting, upgrading and putting more enforcement into the Borough's Road Opening Ordinance. He said this would require the Utility Companies to post a Bond or a fee and go through the application and permit process so we would know what street, when, where and why they would be opening up a street. He said they could put in some language to require they pave a good portion of that street once they do that. He said Borough Attorney Bergen has the copy that he forwarded him from Killam and Mr. Norbut and the Business Administrator has it also. Councilmember Sohayda asked Business Administrator Go1dsack if they were paving Tennyson Street this week. Business Administrator Go1dsack said there was a section of Tennyson Street that was done recently. He said even that section they paved was below grade. Jessica Gutowski, New Jersey Avenue said she was listening to the report concerning Parks and Recreation and she did not hear anything mentioned about the children's program in the parks over the summer. She said she knew the date would be coming up for the applications to be sent out and she wondered ifthey would be having the program this year. Councilmember Santoro said she would be bringing the information to the Council as soon as Mr. Kately gave it to her. John Sudia, Cypress Street said he was just listening to the comments in regard to getting information fÌom the Board of Education. He said Mr. Vitta might have had some problems in West Essex and he wondered if he was stonewalling us as he had done in West Essex. Mayor Failace said he did not know of any other problems but he did agree with Mr. Sudia that he felt they are stonewalling us on the information we should have received and did not receive. He said it takes a lot of time, he has some financial background and it takes him a ton of time to review a budget. He' said other members of the Council might not have as much; it was going to take a long time to review this thing. John Sudia said the results and the information he has he would make available to the Mayor and Council. Councilmember Santoro said at previous meetings the Mayor asked if the Council had a meeting with the County or anyone else he would like to be informed. She said she would ask that the Mayor would also do likewise because she would have probably liked to attend. 35 MAY 3, 2001 PUBLIC DISCUSSION The Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor James A. Failace approximately 7:30 P.M. on Thursday, May 3, 2001, Municipal CourtlPolice Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Jack Fazekas " Remy Quinones " Daniel Reiman " Ronald Rios " Janet Santoro " Buddy Sohayda Also noted present were Business Administrator Nicholas Goldsack and Borough Attorney Robert J. Bergen. The meeting was opened with a moment of Silent Prayer and The Pledge of Allegiance led by Mayor James A. Failace. The Clerk stated that on April 27, 2001, in full compliance with the Open Public Meetings Act, a notice of tonight's meeting was sent to The Home News Tribune, The Star-Ledger and posted on the bulletin board. The Clerk stated that Ordinance #01-26 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on May 17, 2001, upon MMS&C, by Councilmembers Rios and Santoro. Upon individual roll call vote, Counci1members Fazekas, Quinones, Reiman, Rios, Santoro and Sohayda voted in the affirmative. ORDINANCE #01-26 "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" MAY 3, 2001 COUNCIL MEETING ROLL CALL PRAYER, PLEDGE OF ALLEGIANCE STATEMENT OF MEETING NOTICE ORDINANCE 101-26 AMENDING SALARY ORDINANCE 171-9,RE: POLICE DISPATCHERS