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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.