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HomeMy Public PortalAbout2000/11/09 NOVEMBER 9, 2000 An Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting of November 14, 2000 was held on November 9, 2000, 7:00 P.M., 230 Roosevelt Avenue, Carteret, New Jersey. The føllowing were noted present: Mayor James Failace Councilmembers Crilley " Fazekas " O'Brien " Quinones " Santoro " Sohayda Statement of Meeting Notice was mailed to the Home News Tribune, The Star Ledger and posted on the bulletin board on November 3,2000. Noteó absent was Borough Attorney Craig Coughlin. Also noted present was Business Administrator Nicholas Goldsack To Address Governing Body: Eric Betz, P .E. TOWN CENTER REVITALIZATION - #99-21 Marvec Construction is almost complete with the site improvements. The contractor has received the plaques and they are awaiting fabrication and delivery of the granite monuments. For review is change order #3 which is valued at $18,326.58. This change includes payment for milling and paving work along Blanchard Street, payment for two bronze plaques, pro-Guard fabric to prevent cracks in the concrete subbase for Pershing Avenue. The value of the revised Contract would equal $431,331.58. VETERANS FIELD LIGHTING PROJECT - #00-08 Since they have received approval for the site plan approval of the Veterans Lighting Project, Killam has been progressing with the final design. POLICE HEADQUARTERS - gas heat conversion #00-10 The mechanical design consultant has provided the specs and contract drawings for the conversion. A temporary heating oil storage tank continues to serve the building during the interim. AGENDA MEETING NOTED PRESENT STATEMENT OF MEETING NOTICE NOTED ABSENT BOROUGH ATTORNEY C. COUGHLIN ERIC BETZ, P.E. REVITALIZATION OF TOWN CENTER VETERANS FIELD LIGHTING PROJECT POLICE DEPT. 1 NOVEMBER 9, 2000 HEALTH DEPT. HANDICAPPED RAMP NOTED PRESENT= BOROUGH ATTORNEY C. COUGHLIN MASONARY WALL AT POLICE DEPT. WATER COMPANY ABOVE GROUND STORAGE TANK & FUEL MANAGEMENT SYSTEM WASHINGTON AVE. CURB & SIDEWALK IMPROVEMENT DISCUSSION CARTERET HEALTH DEPARTMENT - Handicapped Access Ramp They have coordinated with Lauro Architects and T. Neibert in regard to the installment of the handicap ramp to provide ADA compliant access to the Health Department Office. The construction cost is estimated between $10,000 - $14,000, which is below the public bid threshold. Lauro Architects has requ,e~ted a budget of $1,800 for preparation of construction documents. They recommend that the Borough authorize Lauro Architect in the amount if$2,700. At approximately 7:12 P.M. Borough Attorney Craig CO'lghlin was noted present. POLICE STATION MASONARY WALL -As-Built Drawing Lauro Architects is providing an as-built drawing for the masonry wall in the rear of the Police Station to A. Neibert's office for review and the Borough file. MIDDLESEX WATER COMPANY - RENEW 2000 Project They have received plans depicting the location of all excavations performed under the Water Company's Renew 2000 Project. They will coordinate with Ted Surick and assist the Borough in inspecting the pavement restoration work completed under the Renewal. A punch list shall be prepared in conjection with the Road Department and forwarded to the MWC for corrective measures. PUBLIC WORKS- ABOVE GROUND STORAGE TANK & FUEL MANAGEMENT SYSTEM - Contract #99-20 The above ground tank and fuel management system sho\l}d be completed by mid-December including the training of the Borough's employees. WASHINGTON AVENUE BUSINESS DISTRICT-Curb and Sidewalk Improvements The Director of Community Development & UEZ, J. Riggio requested a site investigation and cost estimate for the proposed sidewalk and curb improvement. Councilmember Santoro asked if there was a problem with that road. Eric Betz, P.E. replied yes. There was a problem with the pavers the first time and .. 2 NOVEMBER 9, 2000 Councilmember Santoro asked why do they have to pave if there was a (inaudible). Eric Betz replied due to the (inaudible) concrete, which was unforeseen. He then spoke again and was inaudible. Mayor Failace said he liked that they moved the flag poles apart. The Mayor then asked if they were doing anything with lighting with the other two poles? He said he knew there were three lights there but. . . Eric Betz said the lights were not installed yet and PSE&G is installing site lighting. Councilmember Crilley asked what the original bid amount was? Eric Betz replied but was inaudible. Councilmember Santoro asked when was the estimated completion time? Eric Betz replied and was inaudible. SEWER FACILITIES: Sabo Street Pump Station Replacement & Sanitary Sewer System Improvements - #99-13 Ace Manzo Inc, & D. Manzo & Son, Inc. are progressing on schedule with the work under contract. They have completed the generator!control building and some site grading, electrical and plu.mbing work. SANITARY SEWER MANHOLE REHABILITATION PHASE I - Contract #99-19 Vangelis construction is progressing with the Borough's deteriorated sanitary manholes. The work should be completed by mid-December. ILLEGAL CONNECTION IDENTIFICATION & III REDUCTION They have been continuing the investigation work and anticipate completing a summary report for the Borough and the NJDEP by the year's end. They have confirmed 56 illegal connections of sanitary laterals into the storm sewer system. They have completed a preliminary evaluation if the work required separating the illegal connections. As part of the work authorized under Change Order #1, Contract #00-06 and assistance from the Sewer Department they will investigate 14 additional suspect illegal connections. COMMENTS SEWER FACILITIES REHABILITATION OF SANITARY SEWER MANHOLE- PHASE I ILLEGAL CONNECTI06 3 NOVEMBER 9, 2000 PUMP STATION EVALUATION FOR HARRISON AVE. Harrison Avenue Pu.mp Station Evaluation They have submitted a field inspection of the station and are currently in the process of preparing the evaluation report for the Borough's review and will be presented at the next Agenda Meeting. IMPROVEMENTS TO DOROTHY ST. PUMP STATION Improvements to the Dorothy Street Pump Station - Contract 00- 05 Bids were received for the above referenced project. The lowest bid received was $262,200, which is $87,800 below the Engineer's construction estimate of $350,000. They are in the process of reviewing the bid packages and have requested more information from the lowest bidder. ROAD PROJECTS ROAD PROJECTS: NJDOT Trust Fund FY2001 During a meeting with the NJDOT Local Aid Office they¡were informed that Carteret has been awarded two Grants totaling $360,000 The first project is the Carteret Avenue Pedestrian Route Improvements in the amount of $150,000. The second project awarded is the Improvement to Milik Street in the amount of $210,000. This is the fourth year that Killam assisted the Borough in receiving funding under the Trust Fund Program. Official notification has been mailed by the NJDOP. FEDERAL GRANT INDUSTRIAL ROAD EXTENSION Industrial Road Extension Project - Federal Grant They are in the process of preparing the revised alignment plan for the use by the Borough in discussions with Conrail the Federally Highway Administration. It will be forwarded to the Borough for review. NJ TURNPIKE EXIT 12 New Jersey Turnpike Authority - Exit 12/l2A Study Representatives from the office and the EKA Associates attended a meeting with NJT A and Middlesex County Planning Department to discuss the Borough's development or redevelopment potential were not accurately reflected as part of the NJT A study preformed by Wilbur Smith Associates. Councilmember Santoro said not too long ago we had another change against us for $86,000.00. What was our original budget? Eric Betz responded that it was $305,000.00 for the continuation of the (inaudible). 4 NOVEMBER 9, 2000 Councilmember Santoro asked how much would that leave them. For the 2001 budget, is it a million dollars for the projected budget? Eric Betz replied yes. Councilmember Santoro said he was asking them to approve this against that.. COMMENTS Eric Betz replied that was all part ofthe 2000 program. Councilmember Santoro asked Eric if he would bring their old sheets when he came with (inaudible) so we know what it is getting charged against because there are so many sewer fees. Mayor Failace said the breakdown of what the (inaudible) are going against. Councilmember Crilley asked how they can approve something that is estimated at $600,000 without options on how to pay for it and what are those options? Eric Betz replied that the money from the Federal Govemment .. Coun.:ilmember Santoro said they didn't have that. Eric Betz said that would be one source and the other would be to allocate what they spoke about, the Hill District Project. Councilmember Santoro said until they start to do that how can we ever charge .., Eric Betz said the Ordinance is set up for one point four million dollars for sewer work. Councilmember Santoro asked why they don't we file against the clean water for this? They said by spring we would be able to have confirmation on that. Eric Betz said they would not get the money for two years. Councilmember Santoro said at least they would know they were getting the money to spend it on the risk of not knowing. Councilmember Crilley asked if the use of the Bond Ordinance specific. In other words when we passed the Bond Ordinance we had a break down. Is it specific that we use it for those functions and those jobs? Business Administrator Nicholas Goldsack said if it is specific in the Ordinance than it is specific for that job unless we amend the Ordinance by (inaudible). Councilmember Santoro said until we know where the money is, how are we going to (inaudible). 5 NOVEMBER 9, 2000 DISCUSSION (CONTINUED) Councilmember Crilley said that everything is priority and this is something that the DEP has told us that we have to correct as soon as possible. It might be a case where we might have to reprioritize what is in that Ordinance to cover. Councilmember Santoro said maybe they can come forward with that. Mayor Failace said they have to continue on this project. How long are we in advance on the fine from the DEP? Business Administrator Nicholas Goldsack replied six month,,,. Councilmember Crilley said he thought they should have a finance plan in place. Mayor Failace said he IS supposed to be hearing from the 1.5 million. Councilmember Santoro said they have to come up with something to explain how we are doing this. Eric Betz spoke and was inaudible. Councilmember Santoro said they have to come up with something to explain how we are doing this. Eric Betz said those are the options for the grants.. Councilmember Santoro said when they start using the money and if anything else comes up can use that money. Councilmember Quinones spoke but was inaudible. Councilmember Santoro said when you start using that money and if anything else comes up, we'd use that money. Councilmember Quinones said if they prioritize (inaudible). r'~ Mayor Failace said that is what happens with sewers. Councilmember Crilley asked how far can they go without the funds being covered? Eric Betz said with the money for the design and the (inaudible) is included in the (inaudible). It is included under 305. It is six hundred thousand dollars for construction but we don't have it specifically allocated for either some of the projects that are in there. We couldn't put a figure on it because we didn't know you have 56 connections. Mayor Failace said every time they do it more connections come up that need to be done. This is going to be an ongoing thing and by the time we finish.. We've got to continue the proj ect because if we don't the DEP is going to come down on us, and that is the bottom line. Right now we can't look any further than the DEP 6 NOVMEBER 9, 2000 right now. Hopefully we will have 5.1 million dollars when they get the grant to continue these projects. At this point Eric Betz continued his report. He said Killiam and Associates and EKA Associates attended a meeting with the Turnpike Authority Councilmember Crilley said something has to be done, there is a public safety issue going on, that has been going on and it is not the Turnpikes fault. That traffic light at the bottom has to be readjusted so that it allows the traffic to (inaudible). He said he recently witnesses three near accidents when sitting on the shoulder of the road waiting to get off of the Turnpike. There was no problem getting off the Turnpike, it was the light that was the problem. Mayor Failace asked Councilmember Crilley what time was he by the Turnpike because the were doing the fiber optics on the other side of the bridge. Councilmember Crilley said it was the light. They need to add another twenty to thirty seconds to that light coming off the Turnpike and traffic will flow much better. He said he wanted somebody there to take a look at that. Eric Betz said that is a County issue so we'll have to speak to them. Councilmember Crilley said he understood that and it is a public safety issue and needs to be addressed immediately. Councilmember Santoro asked why they have been waiting six months in reference to the structural problems at the Firehouse. Borough Attorney Craig Coughlin replied that he didn't have those documents for six months. He said he reviewed them and he faxed him a copy of the resolution that was adopted in June. The documents haven't been around for two months. Councilmember Santoro asked the Business Administrator if he had the bid documents. Business Administrator Nicholas Goldack said they have not had the bid documents for two months. Councilmember Crilley asked what project they were discussing. Councilmember Santoro replied the Firehouse, the Resolution that was done back in June. Borough Attorney Craig Coughlin said the letter was dated October 9th, 2000. Councilmember Santoro said they did a call to find out what the status was. ENGINEER'S REPORT CONTINUED DISCUSSION 7 NOVEMBER 9. 2000 ORDINANCES- PUBLIC HEARING RESOLUTIONS COMMUNICATIONS REPORTS MATTERS FOR DISCUSSION Borough Attorney Craig Coughlin said that was the only copy he has ever had. Councilmember Santoro spoke but was inaudible. Mayor Failace asked if anyone else had anything for Eric Betz. Councilmember Santoro said she had a question for closed session. The Mayor asked if it was in reference to what we received in the mail from Serenity? Councilmember Santoro said yes and other things. ORDINANCES: Public Hearing- 1. #00-50 Amending Ordinance #89-18, Re: Health Insurance Benefits. RESOLUTIONS: 1. Directing the Issuance of Various Raffle Licenses. 2. Refund of Tax and Sewer Fee Overpayments. 3. Authorizing Contractors to Perform Rehabilitation of Homes Pursuant to COAH Regulations. 4. Providing for the Transfer of Surplus Funds. 5. Appointing Public Safety Telecommunicator Trainee. 6. Authorizing Community Development Department Request for Funding for the Washington Ave. Business District Improvement. 7. Award of Bid - Improvement to Dorothy Street Pump Station. 8. Appointing Theodore Kaskiw - Temporary Sub-code Official. 9. Authorizing Bids - Evidence Room Storage System. " COMMUNICATIONS: 1. Township of Old Bridge Resolution opposing A-2l88 eliminating municipal rent control. REPORTS: 1. Inspection of Buildings - October 2000. 2. Sewage Collection - October 2000. MATTERS FOR DISCUSSION: 8 1. NJ Department of Personnel - a) Certification of Eligibles for Appointment, Re: Makwinski vs. Officer. Date of Disposition: 4-26-01. b) Certification of Eligibles for Appointruent - Truck Driver. Councilmember Santoro asked what was the first one. Municipal Clerk Kathleen Barney replied that was just to let you know that it came in. She said she didn't know if they were in the proce,s of interviewing. Councilmember Crilley asked if they have a new list. The Municipal Clerk replied yes. councilmember Crilley asked that a copy be put in their mailbox. 2. Deirdre Hartman, Esq. - Request for additional appropriation, Re: Makwinski vs. Borough. Borough Attorney Craig Coughlin said that they have spoken together and he had some questions with regard to some of the items and she is going to get back to me. 3. John Riggio - Request for Change Order, $18,326.58 - Re: Town Center Project. 4. Mayor Failace - a) Hamal Associates, Inc. - Traffic Study Services. b) Hospitalization - Employee Compensation Incentive. Mayor Failace said one is the traffic study and we have discussed this before. We need to have a traffic study done, by us, for Carteret. He said he thought they have the information. He asked if everyone had a copy of the information. The Mayor said he thought it should be put on, $13,000.00. He said he thought it was necessary to move forward on this because we get traffic studies done all over the place and he doesn't agree with half of them. Also, the Planning Board did a traffic study on our part. Quite hone~tly, all that did was agree with the developer or the person who wanted to do the work. He said he thought what they need to have in their hands is ourselves and planning and zoning. He said he thought it was imperative that they put this on. Councilmember Fazekas asked if the Planning and Zoning Board are requesting this. Mayor Failace replied no, he requested it. Councilmember Santoro asked where they would do the traffic study. Mayor Failace replied for Industrial Road and a whole bunch of different locations. He thought copies were given out to the Coundl the last time it was brought up about a month ago. He then said he has been thinking of a way to save the Borough some NOVEMBER 9, 2000 MATTERS FOR DISCUSSION CONTINUED COMMENTS COMMENTS 9 NOVEMBER 9, 2000 DISCUSSION money by allowing employees to opt not to take insurance if in fact they are insured by their spouse and by compensating them for X amount of dollars. Right now insurance is costing us five to single to twelve thousand eight. Councilmember Santoro asked what kind of incentive are you giving the employees. Mayor Failace said 25% of the cost of the policy. Councilmember Santoro asked if that was average that was being offered to other towns. Borough Attorney Craig Coughlin said they should discuss some of this in closed session because we may have to talk to a union representative. Mayor Failace said they should discuss the rest of this in closed session as far as compensation and possibly offer this to the Borough Employees. The Mayor then asked Councilmember Fazekas if he had any business to be added. Councilmember Fazekas replied no, not at this time. Councilmember Santoro addressed the Business Administrator saying that he gave her a letter. She asked him if he wanted every one to have a copy? Business Administrator Nicholas Goldsack replied that he already gave them all a copy. Councilmember Santoro then said they should have a discussion of that at the next Agenda Meeting. Councilmember Crilley asked when that went in their mailboxes. Business Administrator said it was handed out at the Council Meeting. Mayor Failace said it was handed to us at the last Council Meeting. Councilmember Santoro said she Freeholder Polos called her and November 30th is going to be that meeting for the Freeholders Meeting and action will be taken at that meeting. The Trash Train is being introduced that night and the actual hearing is November 30th. Councilmember Quinones asked where? Mayor Failace replied at the Union County Freeholders, we'll find it. Councilmember Crilley said he thought it was going to be held at the Sewer Treatment Plant. 10 NOVMEBER 9, 2000 Mayor Failace replied no that was the night before. He said he went, Councilmember Santoro, Stan and Jimmy and a nu.mber of citizens went from Linden and Rahway. While we have it up we might as well talk about it. The Mayor said the utility authority, Union County, was quite ambivalent about it. They could have cared less about our needs or the needs of anybody else. It was a done deal; they already had a piece of paper. They ran that meeting like it was Nazi Germany, they give you five minutes, no discussion, no debate and the bottom line is that it passed and is going .. He said he spoke with Mayor O'Brien of Metuchen and other Mayors in the surrounding areas. We are going to come up with some kind of action plan and what we have to do to stop this. He said he still believes they can stop this but he wants to tell them when the councilmen from Linden spoke and they said that it was basically great for Linden. There is no danger to Linden. The bottom line is it is going to be very dangerous and there is going to be some real problems with it. Again he said he spoke to Mayor O'Brien and they are going to get together along with other Mayors and see if we can move forward with this. We definitely have to do something with this. Councilmember O'Brien asked if the people of Linden were against it. The Mayor replied that there are a few people who are right near the rail road tracts and from the facility they are 1.9 miles away. Business Administrator Nicholas Goldsack said the people up the Hill are closer. DISCUSSION CONTINUED Councilmember Sohayda said he had something to say about the lights on the bridge. He said the Mayor sent him a memo to handle that. It was supposed to be repaired and obviously they are not. Mayor Failace said they were there the other day but they were not working on the bridge. Councilmember Sohayda said he spoke to Mr. DeSantis, Mary, Kim DeLuca and John. He said a former Councilmember told him that there is an agreement that they re supposed to be aware of. It wasdgned between the Turnpike, the County and the Town of Carteret some years ago. He asked the Mayor if he was familiar with this agreement. Mayor Failace replied yes, only on the bridge, the wooden poles are not ours, he just them fixed. Councilmember Sohayda said K&J Electric are the only ones who will repair them, and they are on vacation for two more weeks. Mayor Failace said there is something more wrong with those lights than just the bulb because they come on and they go off. He said a week and a half ago they were all on, then they went out and the other night there were two on. There has to be something more to it. 11 ~OVEMBER 9, 2000 Councilmember Quinones spoke about the Ordinance with the part-time benefits and amending that was for twenty hours. She asked the Borough Attorney if that was going to be on Tuesday's meeting? Borough Attorney Craig Coughlin replied yes. COMMENTS & DISCUSSION Councilmember Quinones said the other thing she wanted to propose is, and she mentioned this awhile back, she said she would like an Ordinance drafted for Tuesdays meeting eliminating the residency requirements for Borough workers. She said there have been too many problems associated with that, major problems with the whole County. She said she didn't know who they could selectively inforce who lives in Carteret and who doesn't. It is becoming a problem and she thinks it could turn into litigation at some point so she is going to propose that they eliminate it entirely. She addressed Councilmember Crilley and said he'd been very vocal against this but she asked that he reconsider his position because she does not see how they can enforce it on a case by case basis. She said she did not think it was far particularly because policeman and fireman do not have to live in town after a certain time period. She said she knew their position and the strong feelings they have but she would ask them to reconsider. She then told the Borough Attorney that she wanted the Ordinance on for Tuesday. Councilmember Santoro asked if they could see what was being put together before they vote on it. Councilmember Quinones said she was proposmg that they eliminate it entirely. Councilmember Santoro asked if there was any preference to people living in Carteret to be hired. Is that what you are proposing? councilmember Quinones replied that was what she was proposmg. Mayor Failace said he didn't know that said that. There IS no preference and what we are saying is .. ~. Councilmember Santoro said it was mentioned about policemen and firemen and their preference is that they have to reside in Carteret. Councilmember Quinones said for a year. Councilmember Santoro addressed Councilwoman Quinones and said that (inaudible) for a year... Councilmember Quinones asked how many of them don't live in Carteret. If they don't have to live here why do we require that everyone else lives in Carteret. Councilmember Santoro said they will have the same requirements as the police and firemen. 12 NOVEMBER 9,2000 Councilmember Quinones said she would be willing to live with that. Councilmember Santoro said they have waited this long but you can't let the Borough Attorney put something together for them to see Councilmember Quinones said she has mentioned this several times and she doesn't know why.. If you need to read ahead of time ,he will have it faxed to them if it is that important. If you want to change it you can have a day or two to review it and she thinks that is more than ample time and if you don't want to support it you don't have to. councilmember Santoro asked what she was proposing that the Borough Attorney write up now? Councilmember Quinones replied that she thought it was pretty simple, to eliminate the residency requirements if you and the majority of the Council feels that a year time limit is adequate given that it is consistence with what fireman and policeman have to... Then that is fine but she doesn't see why beyond that (inaudible). COMMENTS Councilmember Santoro said she thought there would have to be some kind of consistency that they have because that gives the other residents the opportunity to be hired by living here. Councilmember Quinones said she feels that you can always give Carteret residents a preference. If someone from Carteret applies and they are qualified for the position she didn't see why they should not have the preference.. Councilmember Santoro said they could but that doesn't insure it by them living in Carteret. Councilmember Quinones said it doesn't insure what? Councilmember Santoro replied that they would be hired. People who are living here, paying taxes, supporting the stores, supporting the bnsinesses, they do deserve that chance. Councilmember Quinones said you don't have to preclude them. She said if she wants to hire someone for a particular position and nobody from Carteret applies from it then she is prohibited from taking someone from Woodbridge or Rahway or wherever that is perfectly qualified for the position. councilmember Santoro asked how many times has that happened. There are carteret residents that want that position. At this point there is much yelling between Councilmembers Quinones and Santoro. TRANSCRIBER'S NOTE Councilmember Santoro asked how many applications from Carteret are in for that position? Are there other Carteret residents? 13 NOVEMBER 9, 2000 Councilmember Quinones replied yes there are. Councilmember Santoro said she feels because they have a residency requirement that they will be insured that they will be considered before somebody living outside of Carteret. Councilmember Quinones said she thinks there are plenty of incidents we could look for people on the outside. We can g0 back and forth with this all night and you can support this or not but this is what she wanted to propose. Councilmember Crilley addressed Councilmember Quinones and said one of the problems with this is if there is (inaudible) in the contracts, specifically the (inaudible) of the Ordinance. Borough Attorney Craig Coughlin said he didn't believe there was any language in the Contract with regard to residency. Mayor Failace said when they went through it page by page... Councilmember Crilley said he though there was because he thinks it was brought up in negotiations. Mayor Failace said if anything was brought up it was the opposite. Councilmember Crilley agreed with the Mayor and said it was brought up by the Unions to soften it. Once again he said he wasn't certain if it was or wasn't but he believes there is some sort of reference to that. If it is it is in one contract then you have to be a resident then you can't pass an Ordinance for the rest of the Borough and an Ordinance can't oversee that contract. DISCUSSION Councilmember Quinones said she reaìly doesn't recall it being in any of our contracts. She then asked the Borough Attorney to check that out. Councilmember Fazekas said regardless, if there is ample people (inaudible) from the Borough they should be able to fiJl the position.. Mayor Failace asked who said they wouldn't? Councilmember Fazekas said what he is saying thought is that it has always been the direction of hiring from the Borough. Councilmember Quinones said just because it has always been like that doesn't mean it has to stay like that. councilmember Fazekas said it gives the opportunity to Borough residents. . Councilmember Quinones said she didn't think they were prohibiting that at all. She said she doesn't see what the issue is. You don't have to not hire somebody.. 14 NOVEMBER 9, 2000 Councilmember Santoro told Councilmember Quinones that she had her opinion but before you go for a vote she thinks legally it has to be checked. Councilmember Quinones asked the Borough Attorney to please check that before you direct the Ordinance. Mayor Failace said if they are specifically talking about the new transfer position with Police Departments and so forth we're prohibited from transferring if there is a Police Officer that is on the force and we are looking for a trained officer to save us money so it Joes prohibit us from hiring minorities and so forth. He then said he meet with Glenn Burman and he asked awhile ago to do that and give some consideration. It prohibits us from diversifying our Police Force. He then addressed the Borough Attorney.. Councilmember Crilley asked ifthere are state statutes.. Borough Attorney Craig Coughlin said with regard to the Police there are statutes that say you can't require them to live in carteret. Councilmember Santoro asked if they were aware of the person who transferred out ofthe town? Mayor Failace replied yes, very much so and it is a shame because she is a good officer. Mayor Failace said he had a few things to discuss. He said he met with David Roberts from Schoor DePalma and they are ready with their Redevelopment Plan. He said he thinks they need to put on an Ordinance establishing a Redevelopment Agency. They are ready to go to the Local Finance Board in December and he thinks they need to have this in place and we need to be ready to move. He said he thinks it is exciting and what they talked about and there will be copies of other things and copies made available to the Councilmembers before the. . . DAVE ROBERTS- SCHOOR DE PALMA Councilmember Santoro asked if they could...before they put it together. Mayor Failace said he thought it was imperative that they move forward on this. Secondly, quite a while ago we brought up .. Councilmember Santoro interrupted the Mayor and said gomg back to the Redevelopment Agency, does he want it set up? Mayor Failace replied just to create the Redevelopment Agency by Ordinance. Councilmember Santoro asked if it had to do with appointments Mayor Failace replied that they are not doing that yet. This is just creating a Redevelopment Agency so they can go down to the local Finance Board. He then said he talked many months ago in reference to the sewers and the privatization of said sewers. We all have these booklets and he reviewed them again and gone over it and if we don't do something, if we choose not to do privatization 15 NOVEMBER 9, 2000 that is fine, that is all well and good. If we don't choose privatization or if we don't come up with some kind of plan, we're in dire straits in the next three years. We're in a hole of about one hundred thousand dollars... Councilmember Santoro said that was only with a smaller bond, double it. Mayor Failace said what happens is we can make adjustruents to the commercial, which would pickup (inaudible) dollars a year in accordance to this . He said he thinks this has to be considered, he is not asking to do anything next week, all he is saying is that they have two new Councilmembers or Councilmembers - elect they need to get copies of this. Each and everyone of us has to review this and make a decision, and if you choose not to do this, then you have to come up with a plan. If we don't come up with a plan we're going to be in very dire straits because this is going to go into the millions in deficit in the next four or five years. Councilmember Santoro addressed the Mayor and told him that they collected all those books back from every body, she said she kept hers. Mayor Failace said he didn't know they collected them.. .He then said he still have his. Councilmember Santoro asked if they could ask the company to give them back the copies so every one can start to review them. Mayor Failace said they could make copies of what they had there. Councilmember Crilley asked what was a 50 dollar (inaudible). DISCUSSION Mayor Failace replied about a three hundred thousand dollars. He then said he didn't know if they should consider that at first. We cut the sewer user fee four years ago and he doesn't think they want to consider going back to (inaudible) if it is possible not to. He said he thinks they have a big enough burden on the sewer user fee and it should have been cut. There is no doubt in his mind that the cut was deserved. Councilmember Crilley said at that time it was appropriate. Mayor Failace replied absolutely, but his point is he thinks there are other avenues that they can take and this is one of them. He said he didn't understand, everyone has to review it themselves, but the bottom line is that he doesn't see where this is a loss for the Borough of Carteret. No jobs are hurt, no employees are hurt but our sewers still have to be fixed by them. Councilmember Santoro asked what were the pluses. We went over the discussion and the idea for adjusting the commercial is a great idea and she didn't know why they had not looked into that before then. That we can do on our own, we don't need anybody. Mayor Failace said what he is asking is if we can bring them in again but he wants the Council to review it first then bring them in 16 NOVEMBER 9, 2000 again, review it first and asked questions and let the professionals answer the questions. He said they have to be ready to do this, if not this certainly something else. If we choose not to do this then those who are against this have got to sit down and come up with a plan that will not infect the citizens with a large increase with the sewer user fee. If we don't do something three years from now we'll be sitting in a hole to the tune of a couple of million dollars. Borough Attorney Craig Coughlin said the purpose of doing that and discussing that in closed session was that it forms the basis for negotiations with potential (inaudible). Copies should only be made for Mayor and Council. Mayor Failace said copies should be given to both Councilmembers-elect Rios and Reiman. The Mayor said when they did the Ordinance and created the position of The Director of the Department of Public Works and we created the salaries and so on. We never did a Resolution and named Ted Surick the Director of the Department of Public Works. He said he would to propose that they do that resolution. The Mayor then asked if they could do that without making a resolution Borough Attorney Craig Coughlin said yes, they could adopt a Resolution and make that appointruent and then we'll confirm it. Councilmember Santoro asked the Borough Attorney if the parks could report to a Public Works on what they are doing. We have separate departments.. Councilmember Crilley said they have a Public Works Director.. DISCUSSION CONTINUED Councilmember Santoro said they did not have a Public Works Director. We never appointed anyone. Councilmember Crilley asked if they made an Ordinance. We have a position that combines that combines all ofthe .. Councilmember Santoro interrupted and she doesn't think that they do. To combine the way we are set up.. Mayor Failace asked if they didn't they discuss that originally. He said h~ thought they could. Borough Attorney Craig Coughlin said they adopted the Ordinance creating the position, which includes it. The one remaining issue would be the organizational chart that is in the Ordinance with regard to whom the Parks Department reports to. He said he didn't believe that had been modified. He said he is not aware of statute, which prohibits the Parks from being under the jurisdiction of the Public Works Superintendent. Councilmember Santoro asked if this person got paid. Mayor Failace replied that he did. When it was originally done with out, when we put it in place (inaudible). The Mayor said he would like to put a resolution on and do it immediately and amend it back to September 23'd. 17 NOVEMBER 9, 2000 COMMENTS PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION #00-371 Councilmember -Elect Rios asked if Sally Mesler was getting changed again. Mayor Failace replied no. All they didn't do was name Ted Surick. Councilmember Crilley said they can vote on that because they advertised that there may be business taken. Municipal Clerk Kathleen Barney said it would be advertised on Tuesday. Mayor Failace said he wants it done today. Municipal Clerk Kathleen Barney said they have to reaffirm it. Councilmember Crilley asked why they had to reaffirm it on Tuesday. Borough Attorney Craig Coughlin said they didn't have to vote on it all they have to do is the (inaudible). There is no physical resolution that is at the meeting so someone can make a motion.. Councilmember Crilley said it could be a verbal resolution. Borough Attorney Craig Coughlin said he would then memorialize it. councilmember Crilley asked if it had to be re-voted on. The Borough Attorney replied no. Councilmember Crilley said to make a motion to appoint Ted Surick to the position effective to the passage of the Ordinance to the salaries stated in the ordinance. Mayor Failace asked the Borough Attorney if before we do this do they need to open to the public tonight. Borough Attorney Craig Coughlin said if it was seconded it would have opened it to the public already. Upon MMS&C, by councilmembers Crilley and Quinones and unanimous affirmative vote of the full membership present, the Mayor declared the Public Hearing to be open: There being no comments or objections to Resolution #03-371, the Mayor declared the Public hearing to be closed, upon MMS&C, by Councilmembers Crilley and Quinones and unanimous affirmative vote ofthe full membership present. RESOLUTION #00-371 was introduced by the Mayor and referred to the Council for action. 18 NOVEMBER 9, 2000 Upon MMS&C, by Councilmembers Crilley and Quinones RESOLUTION #00-371 "APPOINTING THEODORE SURICK - DIRECTOR OF PUBLIC WORKS" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien and Quinones voted in the affirmative. Councilmembers Fazekas, Santoro and Sohayda voted no. Mayor Failace broke the tie and voted yes for the adoption of the Resolution. Coun:;ilmember Santoro asked the Borough Attorney if something comeš out ofthat be in conflict, what happens. Borough Attorney Craig Coughlin replied that if you can't do it ... Councilmember Santoro asked if they did something incorrectly. Then you are paying an individual for circumstance, right? Mayor Failace addressed Councilmember Santoro and told her they already paid him and they already discussed whether or not they could do that or not. Borough Attorney Craig Coughlin said the question is can you appoint him to the position and the answer to that is yes. As he understands it, he has the qualifications to hold that job title. The question that Councilwoman Santoro is asking is if the underlying position or a portion of that job title can't remain structured, as it is, which is allocated some portion of the stipend that he receives and what the consequence is. The answer to that is to correct the stipend ifhe isn't doing all of the work Councilmember-Elect Reiman asked if there was a possibility that (inaudible) would deny taking the position. Borough Attorney Craig Coughlin said there is a possibility. Mayor Failace said he assu.mes they wouldn't deny it since he accepted the salary for it. RESOLUTION #00-372 was introduced by the Mayor and referred to the Council for action Upon MMS&C, by Councilmembers Crilley and O'Brien RESOLUTION # 00-372 "RESOLUTION TO GO INTO CLOSED SESSION" APPOINTING T. SURICK-DIRECTOR OF PUBLIC WORKS ADOPTED COMMENTS RESOLUTION 100-372 "TO GO INTO CLOSED SESSION" 19 NOVEMBER 9, 2000 Pt.DOPTED was adopted. Upon individual roll call vote Councilmembers Crilley, Fazekas, O'Brien, Quinones, Santoro and Sohayda voted in the affirmative for the adoption. OPENED TO THE PUBLIC At approximately 8:50 P.M., upon MMS&c, by Councilmembers Crilley and Fazekas and unanimous affirmative vote of the full membership present, the meeting was opened to the public. ADJOURNED At approximately 8:51 P.M., upon MMS&C, by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the full membership present the meeting was adjourned. Respectfully submitted, ~~~~ / THLEE M. BARNEY U Municipal Clerk KMB/apm 20