HomeMy Public PortalAbout2001/01/11
An Agenda Meeting of the Mayor and Council of the Borough of
Carteret preceding the Regular Meeting of January 18,2001, was held
on January 11,2001,7:00 P.M., Municipal Court/Police Facility, 230
Roosevelt Avenue, Carteret, New Jersey.
The following were noted present:
Mayor James A. Failace
Councilmember Fazekas
" Quinones
" Rios
" Santoro
Noted absent was Borough Attorney Craig Coughlin, Councilmembers
Reiman and Sohayda.
Noted present was Doug Walsh, Esq., and Business Administrator
Nick Goldsack.
At approximately 7:01 P.M. Councilmembers Reiman and Sohayda
were noted present.
Mailed to the Home News Tribune, The Star Ledger and posted on the
bulletin board on January 5, 2001.
To Address Governing Body: a) Borough Engineer
b) Todd Gelfand, Esq.
Eric Betz - Engineering Report
MUNICIPAL PROJECTS:
Veterans Ball Field Lighting - Contract # 00-08
A meeting was held on Friday, January 5t\ and was attended by
representatives from Killam's office, the Borough and the Contractors,
Lucas Electric Co. The Contractor has provided many of the required
documents and obtained the necessary permits from the Borough
Construction office. They are scheduled to submit shop drawing for
review and approval within one (1) to two (2) weeks. The
Contractor will make every effort to complete the illumination of
Veteran's Ball Field before the Little League Season.
1.
Boiler Replacement Carteret Police Station- Contract #00-10
A meeting was held on Friday, January 5th, and was attended by
representatives from Killam's office, the Borough and the Contractor,
Erin Environmental. The Contractor has provided many of the required
documents and is scheduled to submit the remaining documents and
shop drawings and file for the necessary Construction Permits within
JANUARY 11, 2001
AGENDA MEETING
ROLL CALL
NOTED ABSENT:
BOROUGH ATTORNEY
C. COUGHLIN AND
COUNCILMEMBERS
REIMAN & SOHAYDA
NOTED PRESENT:
COUNCILMEMBERS
REIMAN & SOHAYDA
STATEMENT OF
MEETING NOTICE
ERIC BETZ -
ENGINEERING REPORT
JANUARY 11, 2001
ENGINEERING
REPORT
CONTINUED
DISCUSSION
ENGINEERING
REPORT
CONTINUED
DISCUSSION
two (2) weeks. Erin Environmental is making every effort to complete
the project efficiently and is required to closely coordinate with the
Police Department, J.C. Morris Associates and Killam. The new boiler
will be constructed adjacent to the existing boiler while it remains in
service. It will be done in the evening hours or the weekends so as not
to be a disturbance.
Councilmember Santoro asked when they will be done.
Eric Betz replied that he had to order the boiler and that will take six
(6) to eight (8) weeks.
Councilmember Santoro asked if it would be eight (8) weeks to
receive the boiler.
Eric Betz replied yes. It takes that long to make a boiler.
Councilmember Santoro asked how long it would take with the
drawings.
Eric Betz said the drawings would take about two (2) weeks. They
have to be reviewed and returned and then he has to order (inaudible).
BOROUGH HALL - REMOV AL OF MATERIALS
At the Borough's request, Preferred Cleaning Solution has provided a
proposal dated January 10th for the non-hazardous materials from the
1 st floor of the Borough Hall. It includes removal of and disposal of all
sheetrock, paneling, ceiling tiles, carpeting and floor tiles. They will be
doing this while maintaining negative air pressure on the 1st floor.
Councilmember Santoro said in regards to that, there is going to be an
addition put in by Senator Vitale for a $100,000.00 emergency
expenditures and will cover some of the cost for that. She said she
spoke to him at the end of the year so they can start working on that
possibly (inaudible).
Mayor Failace said he wanted to know what the amendment was for.
Councilmember Santoro replied that it was for the budget. Senator
Vitale is going to be getting us money. He is submitting it in April and
we should be getting it in July.
Councilmember Reiman asked if this was for non hazard (inaudible).
Councilmember Santoro asked if they could get prices on (inaudible)
because we are going to need that backup for (inaudible).
Councilmember Reiman said that he will get a guy to come and take a
sample to make sure it is asbestos related and then he'll give a price on
removal.
2.
Business Administrator Nick Goldsack asked Councilmember Santoro
if that was for the first floor or the whole Borough.
Councilmember Santoro said the first floor has to be done because
everything is opened from the damage down there.
Mayor Failace stated that he did not think they wanted to go through
the expense for the entire Borough Hall.
Councilmember Santoro stated that any area that has mold damage that
has opened up. That would be in the Council Chambers too.
Mayor Failace stated that they already got money for that.
Councilmember Reiman asked if this would be a grant.
Councilmember Santoro replied that it would be an appropriation
directly to us.
Councilmember Reiman asked if the State adopted their budget for the
year.
Mayor Failace replied that was in April.
Councilmember Reiman said that maybe it will be beneficial to just
have a (inaudible) with asbestos in the entire building (inaudible).
Business Administrator Nick Goldsack said that in the interim would
you want this worked on for thirteen (13)?
Councilmember Reiman said that this is just for carpets and walls. It is
not hazardous.
Councilmember Santoro said that it should have been done two (2)
years ago. Would it be better if everything was done at the same time?
Councilmember Quinones asked what did they think (inaudible).
Eric Betz replied that he didn't know. For evaluation only, he
(inaudible) because they would have to send samples to the lab and
that is where the (inaudible) would be.
Councilmember Rios asked if he wanted to know if they were to have
their (inaudible) hazardous evaluation, would they be able to do it at
no cost to the Borough.
Eric Betz replied that they were not going to (inaudible) samples
(inaudible). If they come in they may give the Borough some kind of
report on conditions.
3.
Councilmember Rios asked about occupational types of hazards. If
they went that route it may save the Borough some money. He said he
did not want to lessen the integrity of the investigation but if that
would help the Borough (inaudible).
Eric Betz replied that he would contact them. They were here once
already with the initial problem of the mold contamination. They did
not look around and do an evaluation. He said they would contact
them and see if they will provide that service and if there is a cost and
what it will be.
JANUARY 11, 2001
DISCUSSION
CONTINUED
RE: BOROUGH
HALL
JANUARY 11,
DISCUSSION
CONTINUED
ENGINEERING
REPORT
CONTINUED
2001
Mayor Failace said that even if they do charge it may be cheaper then
going outside.
Eric Betz replied that he would look at that and then get (inaudible).
The monthly rental and service period for the filters maintaining
negative air pressure on the 1st and 2nd floor has expired as of
December 31st. The Borough may wish to extend the service contract
for a certain period while the Borough considers it's building
renovation options.
DRUG FREE ZONE MAP UPDATE
The Borough authorized, and required by the Middlesex County
Prosecutor's Office, are progressing with the update to the Borough's
Drug Free Zone Map. They have been forwarded to the Board of
Education, the Police Department, Housing Authority, the Tax
Assessor's Office and the Park's Department. Upon a response from
each, they will finish the map and associated tables for review and
adoption by the Mayor and Council.
WATERFRONT PARK - SITE INVESTIGATION
Killam has prepared the Site Investigation Report and attachments for
the NJDEP. This investigation was required by the NJDEP and was
authorized by the Borough. A Grant from the NJEDA through the
Hazardous Discharge Site Remediation Municipal Grant Program
funded this project. They have been provided with a copy of this report
for the Borough's review. It will be sent to the NJDEP with necessary
information for review and consideration. The Borough may be
permitted to proceed with the Waterfront Park development project
funded through Green Acres. The State may require additional
sampling, analysis or remediation at the site.
Mayor Failace wanted to know if they approve, at this point,
everything that you have given, would the Borough be ready to go.
Eric Betz replied that they recommended that (inaudible) no action be
taken and if they agree with that (inaudible).
Mayor Failace asked if there is any time frame on that.
Eric Betz replied typically within ninety (90) days they will get back to
us but hopefully they will get back to us sooner.
Mayor Failace said that ninety (90) days is fine.
4.
Council member Santoro asked when it will start.
Eric Betz replied that they got the second part of the grant earlier this
year so maybe in July.
Councilmember Santoro wanted to know how much money they had
put aside for this.
Mayor Failace replied nine hundred eighty-five thousand dollars grant,
low interest loan.
Eric Betz said it was for the water pump project.
YEAR 2001- GENERAL MUNICIPAL ENGINEERING BUDGET-
5.
The General Engineering period ends January 31, 2001. Killam
Associates requests that the Borough consider authorizing a budget of
$55,000 for the General Municipal Services for 2001. This will be
billed in accordance with this years rate schedule provided to the
Mayor and Council under separate cover. The following general
engineering tasks are preformed under the general engineering budget:
1. Preparation and coordination of funding applications.
2. Coordination of environmental issues in the Borough Hall and
assistance with architect selection process and renovation options.
3. Handicap Parking Application reviews and reporting
4. Miscellaneous project reviews for pipeline, fiberoptic and other
utility work within the Borough.
5. UE Mapping and coordination.
6. Coordinate and assist EKA Associates with implementation of
Standard construction details for the Borough of Carteret.
7. Coordinate and assist the Borough with implementation of new
Road Opening Permit procedure.
8. Drug Free Zone Mapping and coordination with the County
Prosecutor's Office.
9. General meetings, correspondence and coordination with:
Woodbridge Township
New Jersey Turnpike Authority
Middlesex County Engineer's Office and
Consultants
Middlesex County Utilities Authority
Middlesex County/County Prosecutor's Office
Middlesex County Planning Board
NJ Department of Environmental Protection
NJ Department of Transportation
PSE&G, Elizabethtown Gas, Middlesex Water
& Comcast Cable
Carteret Board of Education
Carteret Police and Fire Departments
Carteret Sewer, Public Works & Parks
Department
Carteret Construction Code Office &
Community Development
Municipal Offices (Clerk, Finance, Tax,
Purchasing, Health)
Carteret Residents, Business owners &
Industries
Councilmember Santoro said that the contract expires
January 31st. Does that mean a new contract would have
to be put in place?
Eric Betz replied yes.
JANUARY 11, 2001
DISCUSSION
CONTINUED
ENGINEERING
REPORT
JANUARY 11, 2001
DISCUSSION
Councilmember Santoro then asked how they can spend
money without a contract and then fight? We don't
know what kind of contract we will set up.
Mayor Failace replied that they can't but they would
have to set some money aside for the work that they do
through the month of January.
Councilmember Santoro then replied not for
$55,000.00.
Mayor Failace then said that IS Killam's annual
number.
Councilmember Santoro asked for a breakdown for the
month of January.
Mayor Failace said that they start February.
Eric Betz replied that he is asking for the money in
January for February. There have been no Ordinances
this year for Borough Engineer.
Councilmember Santoro asked if they could make an
appointment before the contract expires.
Business Administrator Nick Goldsack replied that this
is only a temporary budget that they are setting up with
the Engineering costs.
Councilmember Reiman asked if the current contract
will cover until the end of January.
Mayor Failace replied yes.
Councilmember Reiman asked if they were asking for
additional funds for this month.
Mayor Failace said for February, for the general budget
for the year.
ENGINEERING
REPORT
SEWER FACILITIES:
Improvements to Bergen St. and Haywood Ave. Pump
Stations -Contract #98-14
P&H Construction has to complete the installation of
the controls and testing the operation of both stations.
Contract has been delayed due to delivery problems
with WEMCO Pumps. Upon the completion of the
work a start-up and testing meeting will be scheduled
with representatives from the Sewer Department,
Contractor and Killam's office.
6.
SABO STREET PUMP STATION REPLACEMENT AND
SANITARY SEWER SYSTEM IMPROVEMENTS - CONTRACT
#99-13
The Contractor, Ace Manzo, Inc. and D. Manzo & Son, Inc. is
progressing on schedule with the work under Contract #99 -13.The
contractor has installed new sewage pumps, comminutor and pump
control panel. Louvers, fans, dampers and unit heater have been
installed. The drainage ditch along the rear properties on Milik Street
requires additional grade improvements. The ditch is not positively
draining and additional grading is required. Their office will continue
to coordinate efforts with the parties involved.
SANITARY SEWER MANHOLE REHABILITATION PHASE 1 -
CONTRACT #99-19
Vangelis Construction has requested a time extension due to weather
conditions for completion of the remaining work items under this
contract. Killam's office is reviewing the manufacturer product
information to see if the extension request is required. They will
prepare a letter responding to the issue upon completing the review.
ANNUAL SEWER SYSTEM EMERGENCY SERVICE -Contract
#00-03
Bids were received on December 12, 2000 and the report dated
December 12'h was attached to last months report. As discussed with
Patrick De Blasio, the Borough can not award the Contract until 2001
Budget is complete and authorized. A letter was sent to D&D Utility
Contractors requesting a short time extension for the awarded contract.
IMPROVEMENTS TO THE DOROTHY STREET PUMP STATION
- CONTRACT #00-05
The meeting was held last month and Killam's office is awaiting
receipt of shop drawing submittals. The contractor has scheduled the
installation of the bypass connection for the end of February. The
project, which consists of the replacement of the pumps, controls and
various improvements, has a 150 day contract time limit.
IMPROVEMENTS TO ROOSEVELT AVENUE PUMP STATION-
CONTRACT #00-12
7.
Killam is advancing with preparation of the contract bid documents. It
includes the replacement of two (2) comminutors and other
improvements to the Roosevelt Avenue Pump Station. Based upon
recent field visits and discussion with the Sewer Department, some
additional components have been identified that failed and require
replacement. They will be added to the contract. A Construction
Estimate will be provided for the Borough's review.
JANUARY 11, 2001
ENGINEERING REPORT
CONTINUED
JANUARY 11, 2001
ENGINEERING
REPORT
CONTINUED
SUSPECT AREA SEWER SEPARATION AND IMPROVEMENTS
- CONTRACT #00-13
Killam is progressing with preparation of the contract plans. The
specifications and NJDEP Permit application for the above project.
The project involves the removal of fifty-six (56) illegal connections
and other identified sewer improvements. The NJDEP requires that the
project moves forward aggressively. Within the next several weeks
they anticipate completing the design documents and filing for
Treatment Works Approval with the NJDEP and Certification by
Freehold Soil Conservation District.
HARRISON A VENUE PUMP STATION REPLACEMENT -
CONTRACT #00-14
Killam is progressing with a design of the site plan application and
permit application for the replacement of the Harrison Avenue Pump
Station. They have scheduled the site survey and they will coordinate
with the Borough regarding the required easement acquisition with the
completion of the proposed site layout.
ICI & III REDUCTION PROGRAM - Status Report
Killam has completed the Reduction Program Status Report, dated
January 10, 2001. The report will be provided to the Borough and the
NJDEP for review. The Borough, with Killam, has made significant
efforts to identify and correct sewer systems deficiencies and is
continuing to address problems and improve overall sewer systems.
However the program should be continued and additional funding is
required for further improvement to the sewer systems and to satisfy
the MCUA & NJDEP.
YEAR 2001- GENERAL SEWER BUDGET
The General Sewer Budget ends on January 31, 2001. Killam requests
that the Borough consider authorizing a budget of $25,000.00 for
General Sewer related Engineering Services for 2001. This will be
billed in accordance with this years rate schedule that was provided to
the Mayor and Council under separate cover. As in previous years, the
following general sewer related tasks are preformed under the general
sewer budget:
Sewer Connection Application Reviews
Sewer and Miscellaneous Emergency
Coordinati on
Sewer Reviews referred by Planning & Zoning
Board for each application before the Board
Review of quarterly flow data and billing from
Woodbridge & MCU
Coordination of sampling , analysis and
reporting of wastewater from the nine (9)
Significant Industrial Users
Response to sewer related inquiries and
complaints from residents and businesses.
8.
Eric Betz stated that the III report, which is a pretty hefty report, which
will be following the (inaudible) already, gave the Borough one.
Councilmember Santoro asked (inaudible).
Eric Betz replied that it was out of his hands now and more with the
architects.
Councilmember Santoro said they would wait on that.
Mayor Failace said to Eric Betz that the granite came in and the
monuments will be put on over by the flagpole. There is water over by
the lighting. When you go by look at the monument, it looks crooked.
Eric Betz responded that he thinks that it was aligned with Borough
Hall. Borough Hall is front and center and he did not think (inaudible).
Mayor Failace said that he was told that Public Service was there for
the lights and still two (2) of lights are out.
Councilmember Rios asked if they would be able to correct the water
problem.
Eric Betz said that it has to be addressed and they were not going to
accept it that way. It does look nice.
Mayor Failace said the Veterans Monument looks mce. He then
thanked Eric Betz.
Minutes for approval: November 2 & 14, December 7,2000.
ORDINANCE - First Reading -
1. #01-1 Creating a Carteret Redevelopment Agency
Mayor Failace said as they all knew the Ordinance was passed so they
will get moving forward on this and get started right away.
Councilmember Santoro asked if the Ordinance is going to the
planning board this month.
Mayor Failace replied that they have all the information already.
Councilmember Santoro asked if it was on the Agenda.
Mayor Failace replied that it's supposed to be. He told them to put it
on just in case they approved it.
9.
RESOLUTIONS:
1. Directing the Issuance of Various Bingo Licenses.
2. Directing the Issuance of Various Raffle Licenses
3. Authorizing Purchases from State Contractors for 2001.
4. Authorizing Mayor to Execute Interlocal Service Agreement -Dog
Warden Services.
5. Appointing Broker & Risk Manager for Health Insurance's.
JANUARY 11, 2001
DISCUSSION
CONTINUED
MINUTES FOR APPROVAL
ORDINANCE -
FIRST READING
RESOLUTIONS
JANUARY 11, 2001
RESOLUTIONS
DISCUSSION
COMMUNICATIONS
REPORTS
Mayor Failace asked who that was.
Municipal Clerk Kathleen Barney said that she did not have a name.
Councilmember Santoro stated that they had a meeting earlier that
night.
Councilmember Reiman stated that they had a meeting with Patrick
DeBlasio and Nick Goldsack.
Mayor Failace asked if that was Frank Gartland.
Council member Reiman said that they meet with Frank Gartland. We
are looking at a $425,000.00 increase for medical insurance.
Councilmember Santoro said that they are going back in two (2) weeks
so there won't be any appointment.
Councilmember Reiman said they will be coming back in two (2)
weeks to try and reduce that.
(Please note that # 5 was taken off the Agenda).
Mayor Failace asked if Gartland is coming back. He asked if they are
still going to be risk managers.
Councilmember Santoro replied that they have not appointed anyone
yet. They are coming back with quotes.
Mayor Failace asked if they do that every year.
Councilmember Santoro said that Gartland is fine with that. Gartland
is the broker of records unless that changes.
Councilmember Fazekas asked for the expiration date.
Mayor Failace replied that it is continuous. It doesn't change until
someone changes it.
COMMUNICATIONS:
1. Township of Milltown - resolution opposing changes in Hazmat
Services as proposed by the MC Board of Chosen Freeholders.
2. NUl Elizabethtown Gas Company - Notice of Public Hearings
1/29/01, 7:30 P.M., Rahway, NJ - Re: Review Levelized Gas
Adjustment Clause, Review Demand Side Management Clause,
Revise Rates for Commercial & Industrial Air Conditioning
Service & Seasonal Delivery Service and Revise Weather
Normalization Clause.
10.
REPORTS:
1. Air Pollution - 2000 Report.
2. Board of Health - December 2000.
3. Clerk's Office - December 2000.
4. Inspection of Buildings - December 2000.
5. Sewage Collection - November & December 2000.
6. Social Services - November & December 2000.
MATTERS FOR DISCUSSION:
1. Alexander Biel, Jr. - Request to continue services as C-3 Operator.
2. PB & ZB - Salary Clerk
Mayor Failace said that numbers one (1) and two (2) are closed
sessIOn.
3. Resolutions-
a) Digital Tax Maps, EKA Associates-Needs appropriation.
Mayor Failace asked if anyone looked at them yet.
Councilmember Fazekas replied that he did and he had some trouble
learning. He said he wanted to check with Unipole System and see
how it interacts with that.
Mayor Failace said that he looked at it and it looked very good. They
did a great job with it.
Councilmember Reiman wanted to know what they were discussing.
Mayor Failace apologized and explained that it was digital maps of the
Borough.
Councilmember Reiman said that he was there for the presentation.
Mayor Failace said that he would give Council member Reiman a copy
until they could get another copy from John DuPont.
Councilmember Reiman wanted to know how it directly benefited the
Borough.
Business Administrator Nick Goldsack replied because the revisions to
the tax map could be made immediately. If there are any changes to
the Lot and Block numbers instead of revising the tax maps
automatically.
Councilmember Reiman said that in the end the only time we would
need it is if somebody comes and questions it. Correct?
Business Administrator Nick Goldsack replied no.
11.
Councilmember Reiman said that the point he was making is wouldn't
we be better off to set up some type of fund and require whether it is
developers or applicants. For people who need permits to require some
kind of fee to be set aside for this as opposed to just spending
$50,000.00.
JANUARY 11, 2001
REPORTS
CONTINUED
MATTERS FOR
DISCUSSION
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
DISCUSSION
Business Administrator Nick Goldsack replied that they could but an
updated tax map is a requirement of the State. The digitizing of the
map provides us the benefit because it can be done automatically.
Dough Walsh said that they need the tax maps to levy taxes.
Business Administrator Nick Goldsack replied that the last time it was
done was in the 70's.
Councilmember Quinones said that she thought that John DuPont said
that they were behind.
Business Administrator Nick Goldsack said as far as the $48,000.00
appropriation, what you can do is pass a five (5) year special
emergency appropriation (inaudible) over five (5) years. It would have
a direct impact on the budget.
Councilmember Reiman said that is what they are concerned about is
the $50,000.00.
Mayor Failace said that it is certainly a benefit to the Borough.
Councilmember Reiman asked if there was a comparison with other
towns or municipalities in the State. He wanted to know if everyone is
digital.
Business Administrator Nick Goldsack said as far as the questions on
Unipole, it's not the map itself but the ability to go with GIS System
that would interface with the Unipole.
Councilmember Reiman asked if this was tied in with (inaudible).
Councilmember Fazekas said they would want to tie in with GPA with
this. He said he would check around with some other (inaudible) and
see what else they are using and then he will leave it in Council
mailboxes.
Councilmember Reiman asked if they would be able to write off for
the next five (5) years, a delayed, deferred payment.
Business Administrator Nick Goldsack said the State provides the five
(5) year special emergency for some projects. For example
codification of the code book, tax maps revaluation. (inaudible) of
having the impact for the budget for one (1) year they allow you to
write it off for five (5) years so you take 1I5th of that each year. You
pay $48,000.00 up front but you won't have 1I5th of that in this years
budget.
b) Marvec Construction Corp., Re: Change Order, $16,911.24.
Municipal Clerk Kathleen Barney asked if they had any information
on that. Patrick DeBlasio told her that he didn't encumber those funds
because of a problem.
12.
Business Administrator Nick Goldsack replied that there was a
problem with a portion of that. There was a delay (inaudible) because
the Police needed an additional day in order to reroute vehicles as far
as traffic pattern.
Councilmember Reiman asked if that was because of the town center.
Councilmember Santoro said that was because they never notified
anybody.
Municipal Clerk Kathleen Barney said that she told John that the
police were taken out of there and he still told her there was a problem
with it.
Business Administrator Nick Goldsack stated that (inaudible) are not
authorizing any of this because of the one (inaudible) the police...
Councilmember Reiman said when they had the meeting that
afternoon the Borough Administrator and Patrick DeBlasio (inaudible)
the police out of this but if the police are out of this then this is a delay
by Marvec Construction Corporation.
Eric Betz replied that this does not involve the police at all. That is not
authorized as yet.
Councilmember Reiman asked if the work was done.
Eric Betz replied yes.
Councilmember Reiman said that somebody had to authorize the work.
Mayor Failace said the money comes from the UEZ and he is sure....
Councilmember Reiman replied that (inaudible) told him they are not
getting UEZ money.
Councilmember Quinones said that IS correct, it was part of the
problem.
Eric Betz said that the UEZ funding covers the last two (2) and one (1)
is covered by (inaudible). Follow up with a sewer project that they
were (inaudible). Patrick DeBlasio has taken some money out of the
school budget for that particular item. John Riggio authorized that
several weeks ago.
Mayor Failace said he thought that is what he thinks.
4. Robert Hedesh, Esq. - Boland v. Borough of Carteret.
Mayor Failace said that they have to wait for the Borough Attorney
because he was supposed to review this.
5. Appointment - Council Representative, Community Development
Board.
13.
Municipal Clerk Kathleen Barney said they did not have that on for
January 1st. We had a member and John Riggio but we needed a
Councilperson. The Municipal Clerk said that she would put that on.
6. Patrick DeBlasio - Request for payment, Attorney Lesniak, Re:
Makwinski arbitration case.
JANUARY 11, 2001
DISCUSSION
CONTINUED
RESOLUTIONS
RESOLUTIONS
JANUARY 11, 2001
MATTERS FOR
DISCUSSION
RESOLUTIONS
DISCUSSION
CONTINUED
RESOLUTIONS
MATTERS FOR
DISCUSSION
Mayor Failace said that is the same thing. They need the Borough
Attorney to be present.
7. Spadoro & Hilson, Esqs. - Request for additional appropriation,
Re: Saperstein v. Wanskus, et al.
Municipal Clerk Kathleen Barney asked the Mayor if this would be the
same thing as numbers four (4) and number six (6).
Mayor Failace replied yes.
8. IDC - Interest in development of Borough owned property, Re:
Leffert Street.
Mayor Failace asked that everybody get copies of that mailed to them,
that wants to build single family homes.
Councilmember Reiman asked if they had a break-down on that.
Mayor Failace replied lots twenty-nine (29) through thirty-four (34).
Councilmember Santoro wanted to know if they could negotiate. Right
now, as it stands, doesn't the Borough go out for auction?
Councilmember Reiman said it was not a conforming lot. What he is
looking for is that he is not going to the next step.
Business Administrator Nick Goldsack said that he has to file an
application with the state with the U-(inaudible) program.
Mayor Failace said that Council has it and they reviewed it and
everybody got a copy in the mail.
9. Councilmember Fazekas - Ordinance Establishing Policy for
Borough Computer Use.
Councilmember Fazekas (inaudible) put in Ordinances into place for
Computer usage by the Borough. He said he will make a copy of this
to put into Ordinance for the Borough Attorney. This will be reviewed
next week with the Borough Administrator. We are also going to have
a department head meeting to review the policy itself. He said he
would like to get some feed-back but it is basically usage of the
computers and we are going to open Internet access to make sure we
cover ourselves.
Councilmember Quinones asked what kind of (inaudible) ...
Councilmember Fazekas replied that it is the usage and some, if the
Borough has access to the Internet, what kind of information should
they be looking at.
14.
Councilmember Reiman asked if they had a fire wall ?
Councilmember Fazekas replied that there will be a fire wall set up.
Also if they are installing software that isn't authorized.
Business Administrator Nick Goldsack asked if that was the sample
that was in the book.
Councilmember Fazekas said yes. He then asked the Business
Administrator if he read the book. He checked with a few
municipalities and they had adopted a few similar ones. They made
slight modifications and that is why he wanted to sit down with
(inaudible) before they put it into place. We can then review this with
all the Borough Heads to get their input before they make it official.
He said he wants to make sure they understand what they have here,
"this is what you have and this is your potential problem". This will
help them protect the Borough Heads in case we want to install the
appropriate software or send information out. Councilmember Fazekas
said that he would be reviewing this with them.
10. Mayor O'Brien, Borough of Metuchen - Asking for financial
assistance to fight trash train.
Mayor Failace asked if everybody got a copy of that (#10). He said
that he thinks that they should.. . .
Councilmember Reiman asked if they had a break in ....
Mayor Failace said that he does not have it yet. He said that he asked
Councilwoman Marion Price from Metuchen to get that information to
us. He thinks it will benefit Carteret, Woodbridge, Edison and
Metuchen.
Councilmember Reiman asked if they had joined Metuchen In the
lawsuit to stop them.
Mayor Failace said that is what they are discussing.
Councilmember Reiman asked if we joined them in their lawsuit to
stop. He said he knew that but right now it's just their name on it. Has
any other towns joined us?
Mayor Failace said not yet. The letter came this week from Mayor
O'Brien's office to Carteret and then sent to Edison again. He said that
he did not know what the cost was going to be but he believes that
Carteret has to share in the cost to fight this.
Councilmember Quinones wanted to know the basis of their lawsuit
Mayor Failace replied that it is in the letter that the Borough received.
Councilmember Quinones asked if they had the actual lawsuit.
15.
Mayor Failace replied that they didn't have the actual lawsuit but their
attorney breaks down some things that are attached to the letter.
Councilmember Reiman told the Mayor to have either the Borough
Administrator or Borough Attorney contact them so we can copy the
JANUARY 11, 2001
DISCUSSION
MATTERS FOR
DISCUSSION
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
RESOLUTIONS
BUSINESS TO BE
ADDED
actual claim that they filed. Then we can ask our attorney to review it
to make sure it's (inaudible).
Mayor Failace said to get back to this O'Brien thing, he would like to
get this information as soon as possible because this Council needs to
move on it. The Mayor does not want Metuchen to think that we are
leaving them hanging out there by themselves. He would like the
information so we can more forward as soon as possible.
Councilmember Quinones wanted to know what other towns have
joined.
Mayor Failace said he didn't know. This letter was sent out this week
to all the municipalities.
Councilmember Reiman asked if the county freehold board was
notified.
Mayor Failace said that he has not spoken with them as far as joining
suit.
11. Dato & Sico, Esqs., - Kolibas v. Borough.
12. Rules of Council- Amendment
BUSINESS TO BE ADDED
Councilmember Fazekas said that he would like to amend the
Education Committee. There is no description for that to amend that to
read (inaudible) and to add a description to that. Also, on the finance
and administration is to (inaudible).
Mayor Failace asked Councilmember Fazekas to explain to him the
education technology and (inaudible).
Councilmember Fazekas said that he would submit that information to
the Mayor and Council and they can read it ..
Councilmember Quinones asked Councilmember Fazekas to wait
because she could not hear him. We are looking to make an
education/technology committee?
Councilmember Fazekas said what they had talked about last year was
to add or to change the education technology. So now it will be
education, technology (inaudible) services. Right now underneath our
education committee there is no description so he is going to add a
description. He said that he would submit that description to everyone
so they can have a look at it and then we can speak about it at the next
Agenda. He said he wants to make that change there so this way we do
have something. Right now there is no description for (inaudible)
education.
16.
Business Administrator Nick Goldsack asked what was the other
change?
Councilmember Fazekas replied that the other change was for Finance
and Administration to include Personnel in there unless we assume.....
Mayor Failace said that Finance and Administration is already part of
the Personnel Department.
Business Administrator Nick Goldsack said that it is in the Codebook.
Councilmember Fazekas wanted to let everyone know that we are
putting in a new network into the fire department. It won't be hooked
up until the actual network for another three (3) weeks. There are some
other issues, he will be talking to the Business Administrator about,
before he brings it up at the next Agenda Meeting. It concerns
technology.
Councilmember Sohayda stated that he would like to get the residency
issue opened. We have it where it is one (1) year now. He said that he
would like it to be ten (10) years.
Councilmember Quinones asked why Councilmember Sohayda
wanted to make the residency requirement ten (10) years.
Councilmember Sohayda replied that he through it would be better for
the Borough. It would give someone an opportunity (inaudible).
Mayor Failace asked if he meant to wipe out police officers.
Councilmember Santoro said if they could change that by rule
(inaudible).
Councilmember Reiman said to become employed, to be eligible, they
need to live in Carteret at the time they are hired.
Mayor Failace replied that he supposed so, if you choose to do that.
Councilmember Reiman said that it is also beneficial to the residents.
Shouldn't we require at least one (1) year living in the Borough, prior
to. Legally, can we require that? And then they have to live in town
one (1) year after they are hired?
Mayor Failace responded yes before they move out.
Councilmember Reiman asked if they are going to change it to ten (10)
years.
Councilmember Quinones stated that when this was first brought up a
year ago it wasn't specified for any length of time or change their
mind for ten (10) years.
Doug Walsh, Esq. asked if it had to be ten (10) years.
17.
Mayor Failace replied that he supposed it could be made five (5) years.
Doug Walsh, Esq. said that he thinks one (1) year is too short.
Business Administrator Nick Goldsack stated that the general
consensus for employees is that five (5) years was a fair number.
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
Councilmember Reiman asked if last year the Business Administrator
informed the Council when they amended the Ordinance.
Business Administrator Nick Goldsack replied that at one (1) point,
no.
Mayor Failace said what was meant was that after it was amended
(inaudible). He said that he assumed that the Business Administrator
(inaudible) after it was amended.
Councilmember Reiman said that after the contentions from the
Unions, was one (1) year too short a term?
Business Administrator Nick Goldsack said that he did not know if
they felt it was too short but that they felt comfortable with five (5)
years. They never made mention that one (1) year was too short.
Councilmember Quinones said that there also a number of employees
who felt that no time period was fair too.
Councilmember Reiman asked if the Council was inclined to amend
the Ordinance and require that employees live in town ten (10) years
or one (1). At this point in time would it effect anybody on the books?
Would they still be able to move out of town? Would we be able to
require people, under the current ordinance, to live in the Borough for
another five (5) years?
Councilmember Rios said that it wouldn't be fair. He wasn't in
agreement with the one (1) year residency after the date of hire, but
that would not be fair to them if they are here. We could change it to
ten (10) years and make them stay. The ones that are here already
should be grandfathered in.
Councilmember Reiman asked why last year the Council amended the
ordinance to make it one (1) year.
Mayor Failace said that if the police and fire are allowed to move out
of town we didn't think it would be fair to keep the Borough
Employees in town. Councilmember Rios called me about that awhile
ago about allowing employees to move out of town and he was kind of
against it. Councilmember Sohayda brought it up at an Agenda
Meeting and personally he agrees that it is fair because we allow other
employees to move out of town. It is only fair that we allow the other
employees to move out.
Councilmember Reiman said that he did not think there would be a
mass exodus of employees although there should be a specific amount
of time for new employees. He said he didn't know if one (1) year was
a sufficient amount of time.
18.
Mayor Failace wanted to know if Councilmember Reiman was saying
that it would make a better employee.
Councilmember Reiman said that they want to hire someone from the
Borough and that is why the stipulation is that you have to live in
town. He said that he spoke to the Mayor a year ago and at that time
the Mayor was opposed to this.
Mayor Failace said he was absolutely opposed to it. He was on the
phone with Councilmember Sohayda for an hour. He called the mayor
and asked him why they don't allow them to move out of town. He
said that he is basically doing the same thing that Councilmember
Sohayda and Councilmember Rios asked for. We felt what was fair for
the police and fire was fair for the rest of the employees. Now, this
council could change it to fifty (50) years, it is their choice. He said if
there is anything that they wanted to change it might be that a
prospecti ve employee has to live in town for one (1) year before they
can be hired.
Councilmember Rios said that he thinks ten (10) years is a little too
long. Maybe five (5) years but you must be a resident one (1) year
prior to the hiring.
Mayor Failace (inaudible) for five (5) years.
Councilmember Santoro said that the Borough Employees have a
residency requirement to stay in town. What you are now doing is
offering people who are living in the town an option that they are
going to be staying in the Borough and eventually move out. She
moves that they stay with the five (5) years and also do the year before
that they live in Carteret.
Councilmember Reiman asked when it was changed last year did you
contact any other municipalities in the area and see where they stand.
He then asked the Business Administrator to call the next day to find
out what the average is in other municipalities.
Councilmember Quinones said that she had to go back and look
(inaudible).
Doug Walsh, Esq. said that is the issue that has been most often raised
on residency requirements. It tends to be exclusive to minorities.
Councilmember Quinones said that there was a couple of
municipalities that were (inaudible).
Dough Walsh, Esq. replied that is why when you get to the issue of
how long you have been a resident in town people protection issues
come up more and more. What you are saying is that the people that
are new residents in town and still pay the taxes that everybody else
does are now excluded because (inaudible).
19.
Mayor Failace said that he doesn't see how the Council can use
whatever it chooses to determine reasons for hiring when they get
applications in. He said he thought they opened Pandora's Box
because we are allowing them to do what some of the members of this
Council wanted them to do. Maybe it was too short a period of time
but he did not think it was. If you want to do that we can probably take
it a step further and allow, in order to diversify our police and fire
departments, to do away with the residency clause. We have a problem
in diversifying the police department. The Mayor asked if there was a
requirement that you have to live in Carteret for one (1) year. You
have to live in Carteret before you are hired.
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
RE: RESIDENCY
PREFERENCE
Councilmember Reiman said that is not true.
Municipal Clerk Kathleen Barney said that should be in the Code
Book.
Doug Walsh, Esq. said that State statute says that you can't have a
residency requirement for police and fire.
Mayor Failace said that he can almost guarantee that it's in our
Code Book that we (inaudible).
Councilmember Reiman said that he thought that residents were given
preference.
Mayor Failace said no because he went down and visited the
prosecutor, Glen Berman and he asked that we eliminate that because
it doesn't allow us to bring a minority police officer from another area
into Carteret with five (5) years experience that is looking to move.
The Mayor said he met with the director and they can't do that.
Councilmember Reiman asked if that was in the current code.
Mayor Failace said that he believed so.
Doug Walsh, Esq. said from his experience there is a law firm in
Washington D.C. and they are going around and suing municipalities
all over the State of New Jersey that have the residency preference on
the books. They believe it excludes minorities and they are making
themselves a lot of money. It is a real cottage industry for them. He
said that he strongly recommends that the Mayor and Council think
about that for police and fire. Other services don't seem to get the
same attention that police and fire do because of the issues.
Mayor Failace said that he agrees and he thinks they should think
about police and fire. He doesn't see what they are doing or what can
possibly make them live in town for five (5) years. Originally we did
not want it. It was brought up that they should live in the Borough for
a year.
Municipal Clerk Kathleen Barney said that police and fire are a little
different.
Councilmember Santoro said that State statute says that we have no
control over for the fire and police.
Mayor Failace replied said that he is talking specifically about this ten
(10) year residency that Councilmember Sohayda brought up. We
would have originally have left it at zero, we didn't have to live here
anymore but we made it one (1) year because the Council seemed to
think that was better. Now we want to make it ten (10) years. He said
that he did not see the need or what it does for the employees. He
doesn't see what benefit it has to the Borough of Carteret.
20.
Councilmember Reiman asked why was it made one (1) year.
Mayor Failace replied to make it consistent to what we had on the
books for police and fire.
Councilmember Santoro said that she would go with five (5) years.
Councilmember Rios said that five (5) years is fair enough and one (1)
year prior to the hiring, you can't be a resident for two (2) months and
get hired.
Councilmember Santoro asked the Mayor if he needed the consensus
of the Council to put it on.
Mayor Failace said that it could be put on.
Councilmember Fazekas said that the Business Administrator is
supposed to get information on it.
Councilmember Santoro said the Business Administrator was to get
information before the meeting to put it on.
Councilmember Fazekas said that he is going to tell the Business
Administrator that the Ordinance ...... He then asked the Business
Administrator to get the information.
Mayor Failace said that if the Ordinance is amended it is going to be
out there. It is going to stand out like a sore thumb.
Business Administrator Nick Goldsack said that they were speaking
about the front end of it.
Doug Walsh, Esq. said that the Mayor and Council cannot do that to
police and fire. You can't have a residency requirement you can only
have a preference.
Councilmember Fazekas said it is in the book.
Municipal Clerk Kathleen Barney said the State was the one that asked
us to do it exactly that way when we did it in 1994. Evidently it has
changed since then.
Councilmember Rios said that the current Ordinance says that you
have to be a resident but you have to maintain residency for one (1)
year after.
Councilmember Reiman asked if it would be a problem to amend it
and require that they live in the Borough for one (1) year.
21.
Doug Walsh, Esq. said for police and fire, for other services It IS
(inaudible) doesn't get the same kind of attention from minorities as
police and fire do because of the fact that law enforcement issues
(inaudible) singled out because of the race. When you talk about other
services, sewage and public works, then it really becomes an issue. As
an attorney he does not think we should. Once you have a residency
requirement he doesn't recommend that you have anything more then
a requirement. Once you establish a residency then you are saying that
you want to live here and you have the same rights and privileges of
everybody that lives here. When you start extending back, what you
are saying is that people that have lived here longer have greater rights
than the people that live in town more recently. Since most towns tend
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
to be less racially diversified in older times then you end up getting
(inaudible) issues that you are trying to exclude the people that are
coming in and making the town more diversified.
Councilmember Reiman said that there are already things on the
books. For instance, somebody could move into a town and because
they live here a month they decide that they want to run and represent
(inaudible) so here somebody couldn't move into the town and live
here less than one (1) year and try to run for a position. What is the
difference between that they are a tax payer and they may own
property. It is the same thing with voting. You have to live in town.
Doug Walsh, Esq. said that the establishment of residency is really a
legal standing. There are two (2) ways to look at it. One (1) legal
standard is for voting. The other legal standard is for paying taxes. He
did not think it would be a problem but he believes we should establish
one (1) way or the other as your standard and keep it uniform. Once
that residency is established then that should be the cut off. Take that
residency back and say that they established a residency five (5) years
ago. That would make them qualified for a position as opposed to
someone who may have established residency within the last twelve
(12) months. What he is saying is that he does not recommend it. What
you want to do is a policy issue. He said he is pointing out all the legal
pitfalls of bring back the residency requirement beyond the
establishment of that residency.
Councilmember Santoro wants to propose for next weeks Council
Meeting that we reinstate the health benefits for Councilmembers,
lawyer and public defender.
Councilmember Reiman asked if this would actually reinstate the
actual Ordinance.
Councilmember Santoro said that she did not know if whether they
would need to rescind it or introduce a new one (1). It was rescinded
(inaudible).
Doug Walsh, Esq. said that how you want to go about it at this point is
entirely up to the Council. You have to give us direction on how you
want it done.
Councilmember Santoro asked how to do it. Is it rescinding.....
Doug Walsh, Esq. said that is certainly one (1) way of doing it.
Councilmember Santoro said then we will rescind it.
Councilmember Reiman stated that this was the one (1) that was
passed in November.
22.
Councilmember Santoro said that there were two (2) of them, one (1)
was November and one (1) in December. She said she also wants to
move to eliminate the position of Deputy Mayor as read in the
Ordinance.
Mayor Failace asked what was the point of eliminating the position of
Deputy Mayor.
Council member Santoro said that they don't use it.
Mayor Failace said that they do. He said that he is going to name a
Deputy Mayor. Why do you want to take that out? Deputy Mayor is in
the Ordinance. What possible harm or what does that position do to
this Council? He told Councilmember Reiman that they discussed this
for an hour. He represents me. He cannot speak unless the Mayor
asked him to.
Councilmember Reiman said he did not think it was anyone
individual. If you want to call it Mayor's Aide if we simply amend it.
Mayor and Council and our form of government the concept of a
Deputy Mayor is misleading.
Mayor Failace said that he represents me.
Councilmember Reiman asked then why not Mayor's Aide which
would be representative of the Mayor.
Mayor Failace said he still did not understand why you want to change
it. What is the difference?
Councilmember Santoro said the difference is that you never used this
position before. We are going to eliminate it and you'll use Mayor
Aide.
Mayor Failace said that you both wanted to do away with this petty
politics, fine if you want to go against something but this is one of the
stupidest things. You want your benefits back and that is fine, you
deserve it.
Councilmember Rios said that he won't use his.
Mayor Failace said that is fine. What he is talking about is that he
can't figure out why it matters to anyone on this Council whether the
position is called a Mayor's Aide or Deputy Mayor.
Councilmember Santoro said they are different positions. It is funny
that you would like people to have it one (1) way but you don't want
to hear anything else. You made the appointment of Mayor's Aide and
that is fine. We are not using Deputy Mayor's Aide so we are going to
eliminate it.
Mayor Failace said that he is telling them now that he wanted to
change the position from Mayor's Aide to Deputy Mayor.
Councilmember Santoro asked what the difference would be.
23. Mayor Failace replied that the title is in the book.
Councilmember Santoro suggested to the Mayor that an Ordinance
should be written for Deputy Mayor.
Mayor Failace asked why bother to eliminate this Ordinance and then
creating a new one just to change a title.
JANUARY 11, 2001
DISCUSSION
CONTINUED
RE: MAYOR'S
AIDE
vs.
DEPUTY
MAYOR
JANUARY 11, 2001
DISCUSSION
CONTINUED
Councilmember Reiman asked what is the common understanding of a
Deputy Mayor.
Mayor Failace replied that the Deputy Mayor represents him when he
can't be there.
Councilmember Reiman asked if the Deputy Mayor was appointed by
the Mayor or elected by the Council. What is the definition of Deputy
Mayor?
Doug Walsh, Esq. said that in some forms of government the Deputy
Mayor is an elected official. With some it is an appointed position and
others have certain statuary rights. He said that he couldn't tell you
what the understanding is because his understanding is what they have.
He said that he did not their (inaudible) understanding. When you ask
somebody what the understanding is (inaudible).
Councilmember Reiman said that it is a matter of perception because
we don't have a Deputy Mayor. He said that he had no problem with
the Mayor appointing a Mayor's Aide, regardless of who it is because
that is his appointment but the title of Deputy Mayor is misleading
because one would tend to think it represents the Borough. He said he
knows the Mayor said that he can't act on behalf of the Borough but in
a City form of government the Deputy Mayor is either appointed by
the governing body or elected.
Mayor Failace asked Councilmember Reiman what his point was.
What do you think is going to happen?
Councilmember Reiman replied that he did not think that when people
come from outside of this town or this position goes out of town to
represent the Mayor he is not going to explain that he does not
represent the governing body of the Borough of Carteret he simply
represents the Mayor and his opinion.
Councilmember Quinones asked if he represent the Mayor or
(inaudible).
Councilmember Reiman said what they want the position called is
Mayor's Aide. The Deputy Mayors position may be on the books but
the position hasn't been filled in many years.
Councilmember Quinones said that there are many towns that have
Deputy Mayors that are appointed.
Mayor Failace said that Louis Orlando was Deputy Mayor.
Councilmember Quinones said in the City of Newark the Deputy
Mayor is appointed.
24.
Councilmember Reiman asked if the Mayor or the governing body
appoints them.
Councilmember Quinones replied that the Mayor appointed them.
Councilmember Reiman asked what the requirements or what is that
job description in a city form of government.
Councilmember Quinones said that she did not have a job description
but the statement was something to the effect that other municipalities
not having them or having them.
Councilmember Reiman said under the Mayor, Council form of
government could you find out what the stipulation is of the state
statute with the Mayor and Council.
Doug Walsh, Esq. said that he could tell them the difference between
the City and the Borough. A Borough has a weak form of Mayor
government and a City has a strong form of Mayor government. Other
than that the (inaudible) really changes that. With all due respect this is
a policy decision. The Mayor speaks as the Mayor and the Council
speaks as the Council so if your argument is that this gentleman, by
going to another land or (inaudible).
Mayor Failace said that he surely won't be going to another land.
Doug Walsh, Esq. said whatever, he is still representing the voice of
the Council and that is not a good argument because the Mayor only
represents the Mayor. It is clearly that way in this form of government.
It's like saying the President does not represent the Congress. Clearly
the voice of Congress is different. One (1) is Legislative and one (1) is
Executi ve.
Councilmember Santoro said that she feels comfortable with the
Mayor's Aide and she still wants the other one (1) ....
Councilmember Reiman asked if there was a problem with amending
it.
Mayor Failace said that it was a problem for him. It doesn't change
anything and he does not understand ....
Councilmember Reiman said that it does not demean the position or
take anything away from the position.
Mayor Failace said that he likes the title of Deputy Mayor.
Councilmember Rios asked what is the difference in the duties of
Mayor Aide or Deputy Mayor.
Mayor Failace said that Mayor Aide is not in the book. There is no
difference in duties.
25.
Councilmember Santoro asked how could we appoint if it's not in the
book.
Mayor Failace replied that it has been used and never realized.
Councilmember Reiman said the salary ordinance for the Council
eliminated the Mayors Aide. How can we have a salary ordinance
without (inaudible).
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
Mayor Failace said that this was ages ago and he is telling
Council member Reiman that he looked through the book and found
Deputy Mayor but he did not find Mayors Aide. This goes back before
our time.
Councilmember Reiman said that this was (inaudible) in the 1980's.
Mayor Failace said we can't find Mayors Aide anywhere in the book
so what he is saying is this that we are making this deal about feeling
comfortable with Mayors Aide so we are going to waste our time and
change the Ordinance from Deputy Mayor. He said that he just doesn't
understand what it is doing to anyone. To him it is kind of petty, it is a
kind of waste but you all do what you have to do.
Councilmember Santoro said that there was a four (4) hour grievance
that has not been paid. We have a committee meeting tomorrow with
the police.
Council member Quinones asked if Councilmember Fazekas was
actually at the meeting on the 31st.
Councilmember Fazekas replied yes.
Councilmember Quinones asked Councilmember Fazekas to explain to
her what was said about certain individuals not offering assistance to
the Borough and was he aware of that.
Councilmember Fazekas said that he was not aware of that but they
were more concerned about trying to extinguish the fire and trying to
get somebody to break it down.
Councilmember Quinones asked if someone showed up from the
garage with any equipment.
Councilmember Fazekas replied that some body did show up.
Councilmember Quinones said that there was a letter in the paper
today about her being contacted, she never was contacted and refusing
assistance to fire personnel.
Councilmember Fazekas asked what paper it was in.
Councilmember Quinones said the Home News Tribune. That is why
she is asking because it is her understanding that Councilmember
Fazekas was at the scene and she was just wondering if there was
some exchange of personnel. If so did they make a statement
requesting equipment that was not provided?
Councilmember Fazekas said that he was called just to get everybody
an up date on that. He said that he was called to the scene requesting
the Council and they wanted to know if they could knock down the
structure.
26.
Mayor Failace said they called him but he was sleeping and didn't hear
the phone.
Councilmember Fazekas said that they were trying to get some
equipment there. It is up to the firefighters to make sure...
Mayor Failace said that evidently some of the equipment did get there.
Council member Quinones said that she just wanted to confirm that
Councilmember Fazekas was there.
Councilmember Rios stated that the Borough has the web site and
sometimes there are meetings for the planning and zoning board. Some
times they are cancelled. He said he thinks it would be good policy to
let the employees know that if a meeting is cancelled to register it on
the web site. Then all department heads will get the notification. He
said that he was told that it was not happening. He didn't know if this
is a past practice that it happened before and was stopped but maybe
we should start it again.
Councilmember Fazekas said that they are going to start it again. The
Municipal Clerk has been updating it and it just depends on where they
are looking. That should be made clear.
Councilmember Rios said that even if it is E Mailed to the department
heads to let them know that a meeting might be cancelled.
Councilmember Fazekas asked if he was talking about the department
heads being notified. We can adjust that at the (inaudible) meeting. We
will try a (inaudible) mechanism so this way when it is cancelled it
goes out to the Borough immediately.
Councilmember Rios said especially if you have a department head
that might have to attend each one of these meetings. He said that he
would like to be updated with the progress with the Turnpike Exit,
with the traffic.
Mayor Failace said that they are going to be calling for a meeting
sometime in February. They told me to give them to the end of the
year to finish their study.
Councilmember Reiman asked if they are doing a traffic study.
Mayor Failace said that they are doing a study on whether they want
an Exit 12A whether they are going to take the Carteret exit and turn it
sideways, there were a number of things that they came up with. The
study should be done by the end of the year. He said he would have the
Borough Attorney call and set up a meeting sometime in February.
Reason being they have some nine (9) people that come, including the
County. They will have a group go there and then we will talk to them
and bring the information back.
27.
Councilmember Santoro asked if they would be notified.
Mayor Failace said yes.
Councilmember Rios said he was just concerned. If they are going to
drag their feet then lets ...
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
NOTED PRESENT:
BOROUGH ATTORNEY
C. COUGHLIN
Mayor Failace said that they are going to drag their feet no matter
what.
Councilmember Rios said that they are going to have to stay on top of
it.
Mayor Failace said they have four (4) alternates and he will get copies
of what we proposed last year, to the Turnpike and what needs to be
done. The fourth (4th) alternative is the one the Borough likes best. It
would solve all our traffic problems for West Carteret coming from the
Industrial Road, probably forever. He said that he will get
Councilmember Rios a copy of that.
Councilmember Santoro asked (inaudible) Sunday in the swearing-in
so that everybody is reminded
Council member Reiman said that he asked the Business Administrator
and the Borough Treasurer to put together a list with departments with
older equipment or equipment that has not been used. He said he
would like to look at that and possibly auction it off. As well as
Borough property, if there are any lots or buildings that we have that
can possibly (inaudible).
Councilmember Quinones (inaudible)
Business Administrator Nick Goldsack said yes as a matter of fact
(inaudible) a specific to the one area that they were looking at as far as
redevelopment. He said he can have that information for Friday.
Councilmember Reiman said yes if it is specifically for redevelopment
he would hold on to it .
Business Administrator Nick Goldsack said that it is in the booklet
from Schoor DePalma.
Councilmember Santoro said one other thing is the First Aid sent a
letter looking for an increase from the $20,000.00, which is their
annual budget.
Councilmember Reiman wanted to know how much they were asking
for.
Mayor Failace said $35,000.00
Business Administrator Nick Goldsack said with the Council's
permission he would like to sit down with them.
Councilmember Fazekas asked if he would sit down with them would
he want to bring (inaudible).
28.
Business Administrator Nick Goldsack said he would like to meet with
them alone for the determination (inaudible).
At approximately 8:18 P.M. Borough Attorney Craig Coughlin was
noted present.
Councilmember Fazekas asked if $20,000.00 is the maximum amount.
Mayor Failace said no but that is what we always given them
$20,000.00. As long as he can remember it has been $20,000.00.
Councilmember Santoro said that their fund raising has been down.
Mayor Failace said it wouldn't be bad if we did an audit.
Councilmember Reiman asked if they had a copy of the audit.
Councilmember Santoro said no it's private.
Mayor Failace said that he believes that there is something somewhere
that talks about depending on the amount of money you give them
whether you can ask to audit them.
Doug Walsh, Esq. said (inaudible) subject to the nonprofit laws the
Attorney General can audit them but it is a practical matter unless you
are a big fundraising type organization you never represent (inaudible).
Councilmember Santoro said that a few of them had met with a
developer interested in doing the Da Vinci project which is the 29th
housing that (inaudible). She said that she introduced him to
Councilmembers Rios and Reiman because they were not aware of it.
This would be a project that was all approved for in the past. It would
be for twenty-nine (29) Senior Citizen Housing. It would be great for
that strip on Roosevelt A venue to start the revitalization there.
Mayor Failace asked if they still have to go to the planning board.
Councilmember Rios said that there are a few naked buildings that are
safety hazards. If a kid goes in there somebody could get hurt. They
are right on Roosevelt Avenue in Chrome. Also the old Carteret Auto
Parts ...
Mayor Failace said that they are taking Carteret Auto Parts down.
They started to do it on Saturday.
Councilmember Rios said that he was just concerned. That other piece
on Roosevelt Avenue, kids could easily get in there. It is partially
boarded up.
Mayor Failace asked that Councilmember Rios to get the address and
find out if it is ours and what we have to do.
Councilmember Rios said that if it is not ours then at least let
somebody board it up temporarily and make the property owner pay
for it. He said that he does not want to see a kid get in there.
29.
Councilmember Quinones asked what kind of building is it.
Councilmember Rios said that it is a storefront. It is the Lone Star club
next to Solder's Furniture Store.
Councilmember Quinones said that there was some kind of activity
gOIng on.
JANUARY 11, 2001
DISCUSSION
CONTINUED
JANUARY 11, 2001
DISCUSSION
CONTINUED
Council member Rios said that it is dangerous. It is on the right hand
side going towards Port Reading before Sokler's. Some of the boards
are missing.
Borough Attorney Craig Coughlin said with regards to Sprint he has
been contacted by the counsel for Sprint, they own a few other co-
locators . One of them is XN and what they do is broadcast stock
quotes. The other one is Metrocom. Remember we agreed to put the
little boxes on the poles. We gave them the license to put them on the
pole. Under the agreement they have to obtain the Borough's consent
to have a co-locator and we get the percentage of the co-location fee.
He believes that will just bring them to capacity, they would then have
four (4).
Council member Santoro asked if that was the limit.
Borough Attorney Craig Coughlin said he believes that is the limit
because they need to leave space for the Borough. We have the right to
put up (inaudible) with regard to Wanskus and Saperstein. That matter
is coming on for a settlement conference. The Borough is going to
need an expert, Mr. Lebduska, who is a well regarded professor but he
is now going to need to do the actual trial. He said he will ask the
Council to put on Resolution to approve him.
Councilmember Santoro said she is not aware of this whole lawsuit.
Could he at least give us a break down of what is going on.
Mayor Failace said that the Borough Attorney can give us a break
down.
Borough Attorney Craig Coughlin said that they also received a
request for counsel fee for Kevin Makwinski resulting from the
arbitration. If you recall we delayed some approved some fees for Mr.
Bosco who represented him at the arbitration last year. We also
received a bill from Miss D. Hartman. Miss Hartman represented him
in the initial action where she proceeded him to Superior Court. That
matter was dismissed. Miss Hartman's position is that this was part
and parcel of the same matter and so the Borough is therefore
obligated to pay her $13,849.90. Clearly her action wasn't successful
but she indicated that she was prepared to bring action in the evident
that the Council didn't pay her. He said that he needs some direction
from the Council as to whether he should deny it or whether we should
put it on a Resolution. Under the collective bargaining agreement
where the officer is successful in the arbitration we are obligated to
pay their fees, their counsel fees or representatives fees.
Councilmember Santoro asked when she represented him.
Borough Attorney Craig Coughlin replied that she represented him
prior to the arbitration.
30.
Councilmember Santoro asked if that wasn't that what was (inaudible).
Borough Attorney Craig Coughlin replied that it was except that she
went to court and he exhausted his administrative remedies. She was
unsuccessful. The contract says successful.
Councilmember Santoro asked if she was to sue us... Can we please
talk about that?
Borough Attorney Craig Coughlin said they will talk about what they
might do in the event of litigation. The issue of whether we could win
or not should be discussed in closed session.
Councilmember Santoro wanted to know if that would matter
(inaudible) tell us what legally we would be facing if we don't.
Borough Attorney Craig Coughlin replied in terms of what we would
be facing would be the bill.
Councilmember Santoro said that they were facing the bill right now.
Borough Attorney Craig Coughlin said if you want to talk about the
likelihood of our success that would be in closed. He said that is all he
has for open.
Mayor Failace said that he had a letter from the board of the disabled.
They would like to appoint Harry Heim who has resigned with one (1)
year remaining. They are requesting Denise Marek from the list that
they have. Also, he received a letter from Kitty Keepwell Camp. They
are going to honor former assemblyman Ernest Oros. We will do a
resolution in March, give the council a copy of this. He didn't know if
he would put it on this week but we will put on a resolution that we
will send out there. We brought this up last year and we should discuss
it again and consider allowing the employees that choose to opt out of
the medical benefits. They may be getting dual benefits and want to ...
Councilmember Reiman asked if the Council took action on that last
year.
Mayor Failace replied no. It was just a discussion. He is proposing that
they get approximately 25% of the cost to the Borough, if they choose
to opt out. I assume that we would give it as a one (1) time check. It
wouldn't be in their pay, it would be a one (1) time check.
Councilmember Reiman asked how many employees it would affect.
Mayor Failace replied that it is for anybody.
Council member Reiman said he meant a survey. He agrees (inaudible)
anything that would reduce the cost of the insurance premiums is a
good idea and certainly if they are covered under somebody's
insurance.
31.
Mayor Failace replied that they might want to opt out. There was no
study or anything but he believes there would be few employees who
would opt to take that benefit and when you are talking about a full
ride of $12,000.00 that is $3,000.00/$4,000.00 in their pocket.
Councilmember Reiman asked how it reads now. If they are currently
eligible for benefits and they are covered under their spouses are we
still paying the insurance company the premium to cover them?
JANUARY 11, 2001
DISCUSSION
CONTINUED
RE: BOARD OF
DISABLED TO
HARRY HEIM
also
KITTY KEEPWELL
TO HONOR FORMER
ASSEMBLYMAN
ERNEST OROS
JANUARY 11, 2001
DISCUSSION
CONTINUED
Mayor Failace said sure. He said that he does not know what they need
to study or to do on it.
Council member Reiman said that they did not need a study just
possibly a survey of the employees. He completely agrees that it is
something that we should do and look at.
Mayor Failace said even if it is not a survey, if four (4) of them say
they want to take it, that is a savings.
Councilmember Santoro said when they do that, how would Patrick
payout of that. Would that come out of that line item or a different
one?
Business Administrator Nick Goldsack replied that it would come out
of that line item.
Councilmember Santoro asked if they had any idea of what they could
possibly be looking at. You have to have some sort of an idea.
Mayor Failace said that he did not understand.
Councilmember Santoro said like what the average cost would be or
when you say 25%.
Business Administrator Nick Goldsack said it is about three grand
($3,000).
Mayor Failace said that it is 25% and he thinks that they need to do it
because with the budget coming up and the adjustments they are
making he thinks it should be put on and gives it to the employees.
Have the Borough Attorney look at it and legally, if we have to do
anything special. He thinks that if the employees choose to they can
opt out of it.
Councilmember Reiman asked if it affected any contracts that they
have.
Borough Attorney Craig Coughlin said they still had the obligation to
provide it. He thinks that it makes good sense to speak with the
Unions.
Councilmember Santoro asked if the 25% was the average of what
(inaudible).
Mayor Failace stated that is a number that he has seen, not in
municipalities, in business.
Councilmember Santoro (inaudible) do that and possibly call over
(inaudible).
32.
Mayor Failace said that he is confused about what cost
Councilmember Santoro is talking about.
Councilmember Santoro asked how they figured out the 25%.
Mayor Failace said he did not think it should be less than that because
it is no incentive for an employee to get a $1000.00 to $1,200.00. We
need to move on it right away because we have to present a budget in
March. We'll notify the Unions that this is all voluntary so no one has
to opt out but it is a possibility of saving the Borough some money.
Councilmember Reiman said that he knows there is no documentation
on this but how many employees have a spouse also working for the
Borough?
Mayor Failace replied that there is a couple but it does not matter.
Councilmember Reiman said that was what he was saying, that it was
just an idea so we know ...
Mayor Failace said how many employees have a spouse in the
Borough. If they take the full ride and it is 12/8 we are still saving
$3300.00. It is something that we should look into, an employee opting
out. That is something that we should look at a.s.a.p.
Business Administrator Nick Goldsack said even the claims
(inaudible).
Mayor Failace said that he still had his list for the redevelopment
agency. We need not procrastinate and if they choose not to use the
names on this list the Mayor said he needs names a.s.a.p. He needs
names that they want to use because they have to move forward and
we create this agency and we put these people on and the next move is
to get them schooled.
Councilmember Reiman asked what kind of schooling do they need.
Mayor Failace replied that he asked for information and he knows
there are classes
Borough Attorney Craig Coughlin said they are the same as the
training classes they had for the Housing Authority.
Councilmember Santoro asked if by the next Agenda they would have
anybody put on.
Mayor Failace replied yes and that was why he was giving them this
because he wants to do it within the next....
Councilmember Santoro said they should get the date for the next
Agenda and put a list together.
Mayor Failace said that they should move forward on this and we
need not procrastinate on this at all.
33.
Councilmember Fazekas asked if the Borough Attorney could go over
the Sprint (inaudible).
Borough Attorney Craig Coughlin stated that they have an agreement
with Sprint, which allows them to have co-locators, people that also
use the tower. You recall that we meet with that fellow Robert. In
order for them to enter into an agreement they need the consent of the
JANUARY 11, 2001
DISCUSSION
CONTINUED
RE: REDEVELOPMENT
AGENCY
RE: SPRINT
METROCOM
JANUARY 11, 2001
RE: METROCOM
CON'T)
RESOLUTION
101-16
CLOSED SESSION
adopted
MEETING
OPENED
DISCUSSION
ADJOURNED
Borough. They want the Borough's consent for Metrocom and this
XM Communications Company who broadcast stock quotes.
Resolution #01-16 was introduced by the Mayor and referred to the
Council for action.
Upon MMS&C, by Councilmembers Fazekas and Sohayda
RESOLUTION #01-16
"RESOLUTION TO GO INTO CLOSED SESSION"
was adopted. Upon individual roll call vote, Councilmembers Fazekas,
Quinones, Rios, Reiman, Santoro and Sohayda voted in the
affirmative.
At approximately 8:35 P.M., a Closed Session was held.
At approximately 11:12 P.M., upon MMS&C, by Councilmembers
Fazekas and Santoro and unanimous affirmative vote of the full
membership present, this meeting was opened.
Resolution - Negotiations Center with Councilmembers Reiman, Rios
and Santoro. Councilmember Sohayda will be the alternate.
Councilmember Reiman asked about POs for the conflict Judges.
Borough Attorney Craig Coughlin said that he would explain it.
At approximately 11: 15 P.M., upon MMS&C, Councilmembers
Santoro and Fazekas and unanimous affirmative vote of the full
membership present, this meeting was adjourned.
Respectfull Submitted,
,.<
KATHLEEN M. BARNEY, R
Municipal Clerk
KMB/apm
34.