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HomeMy Public PortalAbout2000/12/07 The Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor James A. Failace approximately 7:30 P.M. on Thursday December 7, 2000, Municipal CourtiPolice Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call vote, the following were noted present: Councilmember Patrick Crilley James O'Brien Remy Quinones Buddy Sohayda " " Also noted present were Business Administrator Nicholas Goldsack and Borough Attorney Craig Coughlin. Noted absent were Councilmembers Jack Fazekas, Janet Santoro and Buddy Sohayda. Councilmember Santoro was noted present at 7:32 P.M. Mayor Failace said he was made aware by Police Director Elg today marked the anniversary of the untimely deaths, fifty six years ago of Deputy Chief Robert Shanley and Police Officer Walter Museenak who were gunned down in the line of duty serving the citizens of Carteret. He asked that the citizens of Carteret never forget their unselfish service and asked everyone to remember these men in their prayers. Mayor Failace said he asked Director Elg to get a plaque made for the Police Department in remembrance of these Police Officers. The meeting was opened with a moment of Silent Prayer and The Pledge of Allegiance led by Mayor James A. Failace. The Clerk stated that on November 30, 2000, in full compliance with the Open Public Meetings Act, a notice of tonight's meeting was sent to The Home News Tribune, The Star-Ledger and posted on the bulletin board. 1. Upon MMS&C, by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present, the minutes of August 29, September 20 and October 5, 2000 were approved as transcribed and engrossed by the Clerk. DECEMBER 7, 2000 COUNCIL MEETING ROLL CALL MAYOR FAILACE HONORS TWO FALLEN CARTERET POLICE OFFICERS ON THE ANNIVERSARY OF THEIR DEATHS: DECEMBER 7, 1944 PRAYER, PLEDGE OF ALLEGIANCE STATEMENT OF MEETING NOTICE MINUTES FOR APPROVAL :CEMBER 7,2000 RDINANCE #00-55 LIMINATING EALTH BENEFITS OR CERTAIN OROUGH OFFICIALS ~IRST READING COMMENTS ORDINANCE #00-56 AMENDING SALARY ORDINANCE #71-9, RE: TREASURER/ CFO FIRST READING ORDINANCE #00-55 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on December 19, 2000, upon MMS&C, by Council members Quinones and Crilley. Upon individual roll call vote, Councilmembers Crilley, O'Brien and Quinones voted in the affirmative. Councilmember Santoro voted no. Councilmembers Fazekas and Sohayda were noted absent. ORDINANCE #00-55 "ELIMINATING HEALTH BENEFITS FOR CERTAIN BOROUGH OFFICIALS" Mayor Failace said when he asked the Council to eliminate benefits for the Mayor and Council he was questioned why the Borough Attorney and Public Defender were not included. He said he agreed and brought this up at the Agenda meeting because it would be a savings for the Borough. Council member Santoro asked who this would be affecting and said she felt that this was being done now because the new Council would be appointing new people to fill these positions in which people had been receiving benefits for years. Mayor Failace said he brought this subject up in closed session months ago and said it was before any election took place. Councilmember Santoro told Mayor Failace that bringing it up and putting it forward were two different things. ORDINANCE #00-56 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on December 19, 2000, upon MMS&C, by Councilmembers O'Brien and Quinones. Upon individual roll call vote, Council members O'Brien, Quinones and Santoro voted in the affirmative. Councílmember Crilley abstained. Councilmembers Fazekas and Sohayda were noted absent. ORDINANCE #00-56 "AMENDING ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET" Councilmember Santoro asked who negotiated this amount. Business Administrator Goldsack said this was brought up at the Agenda meeting and said there was an analysis done on four individuals. ORDINANCE #00-57 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on December 19, 2000, upon MMS&C, by Councilmembers Quinones and O'Brien. Upon individual roll vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. ORDINANCE #00-57 "AMENDING ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET" Council member Santoro asked why changes were being made. Mayor Failace said changes were made in February and didn't get to the Council until now. Business Administrator Goldsack said there was an agreement attached to the Ordinance. 3. ORDINANCE #00-58 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on December 19, 2000, upon MMS&C, by Councilmembers Quinones and Crilley. Upon individual roll call vote, Councilmembers Crilley, O'Brien and Quinones voted in the affirmative. Councilmember Santoro voted no. Councilmembers Fazekas and Sohayda were noted absent. DECEMBER 7, 2000 COMMENTS ORDINANCE #00-57 AMENDING SALARY ORDINANCE #71-9, RE: PLANNING BOARD/ZONING BOARD ENGINEER FIRST READING COMMENTS ORDINANCE 100-58 AMENDING SALARY ORDINANCE #71,9, RE: POLICE DIRECTOR ,CEMBER 7, 2000 mINANCE #00-58 'tENDING SALARY RDINANCE #71-9, E: POLICE IRECTOR ORDINANCE #00-58 IRST READING "AMENDING ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET" OTION MADE o TABLE Councilmember Santoro made a motion to table this Ordinance. OMMENTS Borough Attorney Coughlin said the Council needed a second on the adoption for the motion to be considered. Council member Crilley asked if it were correct that Councilmember Santoro could make her motion to table before the Council voted to adopt. Borough Attorney Coughlin said the motion was made and had to be considered before any other motion could be made. Council member Santoro said this was brought up as a discussion at the Agenda meeting. She said there were three Councilmembers present and the Mayor directed the Borough Attorney to meet with the Director to discuss certain items knowing two Councilmembers were not in agreement with this. Councilmember Quinones said that really wasn't accurate. Councilmember Santoro told Councilmember Quinones that she was the only Councilmember in agreement and the other two were not in agreement. She said she thought that would be a consensus and a majority. Councilmember Quinones said Council member Santoro considered two Council-Elect in the discussion. She said they did not consider Councilmembers that were sitting on the Council now. Councilmember Santoro told Councilmember Quinones what went from the Agenda to Council Meeting was usually the consensus of the Council, which was needed for a vote or to enter into an agreement. Mayor Failace said today the Council was voting to enter into the agreement. He said if a Councilmember asked Borough Attorney Coughlin to do something he could and if a Council member had something to put on, it could be put on and the Council would then vote on the issue. Councilmember Santoro said she spoke to Craig and said he told her when money was being spent it had to be voted on by the Council but there was a question on this. She said she didn't understand why they 4. were bringing it to the Council. She said they didn't give anybody else a chance to see this or have any input and said she felt they were rushing before the end of the year. Mayor Failace said this was very similar to him allowing Councilmember Santoro to negotiate with Serenity at the Library and making a decision, which he said he would abide by even if he didn't agree. Councilmember Santoro said the Council should be informed on what they would be voting on. Mayor Failace said there would be a second reading on the Ordinance. He said that was different from when her Resolution to go into an agreement with Serenity without discussion it with the Council. The Clerk stated Ordinance #00-51 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council held on November 14, 2000. It was duly published in the Home News Tribune on November 21, 2000 with notice that it will be considered for final passage after Public Hearing to be held on December 7, 2000 at approximately 7:30 P.M. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Upon MMS&C, by Council members Crilley and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed upon MMS&C, by Council members Crilley and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present. Upon MMS&C, by Councilmembers Quinones and O'Brien ORDINANCE #00-51 5. "AMENDING ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET" was finally adopted. Upon individual roll call vote, Council members Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. DECEMBER 7, 2000 COMMENTS (Continued) ORDINANCE #00-51 AMENDING SALARY ORDINANCE #71-9, RE: CLERK TYPIST WITH TRANSCRIBING DUTIES PUBLIC HEARING HEARING CLOSED COMMENTS ADOPTED CEMBER 7, 2000 tDINANCE #00-51 tENDING SALARY mINANCE #71-9, ~; CLERK TYPIST [TH TRANSCRIBING JTIES (Continued) Approved and Adopted: December 7,2000 Introduced: November 14. 2000 Advertised as adopted on First Reading with notice of Public Hearing: November 21. 2000 Hearing held: December 7. 2000 Approved by: Mavor James A. Failace Advertised as Finally Adopted: December 14, 2000 RDINANCE #00-53 MENDING CHAPTER 8-5 OF THE CODE, .E: REPEALING .ESIDENCY .EQUIREMENTS The Clerk stated Ordinance #00-53 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council held on November 14,2000. It was duly published in the Home News Tribune on December I, 2000 with notice that it will be considered for final passage after Public Hearing to be held on December 7, 2000 at approximately 7:30 P.M. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. ~UBLIC HEARING Upon MMS&C, by Councilmembers Quinones and Crilley and unanimous affirmative vote of the four (4) Council present, the Mayor declared the Public Hearing to be open: flEARING CLOSED There being no comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Crilley and Quinones and unanimous affirmative vote of the four (4) Council present. Upon MMS&C, by Councilmembers Quinones and Crilley ORDINANCE #00-53 "AMENDING CHAPTER 38-5 OF THE CODE OF THE BOROUGH OF CARTERET AND REPEALING THE RESIDENCY REQUIREMENTS FOR BOROUGH EMPLOYEES" ADOPTED was finally adopted. Upon individual roll call vote, Councilmembers voted in the affirmative. Councilmembers Fazekas and 6. Crilley, O'Brien and Quinones Councilmember Santoro voted no. Sohayda were noted absent. December 7, 2000 November 14, 2000 Approved and Adopted: Introduced: Advertised as adopted on First Reading with notice of Public Hearing: November 21. 2000 Hearing held: December 7. 2000 Approved by: Mavor James A. Failace Advertised as Finally Adopted: December 14. 2000 The Clerk stated Ordinance #00-54 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council held on November 14, 2000. It was duly published in the Home News Tribune on November 21, 2000 with notice that it will be considered for final passage after Public Hearing to be held on December 7, 2000 at approximately 7:30 P.M. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Upon MMS&C, by Council members Crilley and Quinones and unanimous affirmative vote of the four (4) members present, the Mayor declared the Public Hearing to be open: Daphne Miles, 25 Pulaski Avenue asked the Mayor if the Redevelopment Agency would consist of this Mayor and Council or would it be an Agency or a Board of Commissioners. She asked if this was for the lower part of Roosevelt A venue. Mayor Failace said if this was approved by the Division of Local Finance it would start in lower Roosevelt Avenue and could be expanded to include the Carteret landfill area, a larger section of lower Roosevelt A venue and where the old library was going. He said it could be expanded into a number of areas in Carteret. Daphne Miles said she thought it was a plus for the good folks who Jive down in Chrome and said it was long over due. She said after meeting with several people including pastors the people are ready for this and hoped the Mayor and Council and the future Council will support this and make it an agency of people of Carteret and not the Council. She said she felt if the Council controlled this agency the people would be back to having nothing done. 7. There being no further comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed, upon MMS&C, by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the four (4) members present. DECEMBER 7, 2000 ORDINANCE #00-53 AMENDING CHAPTER 38-5 OF THE CODE, RE: REPEALING RESIDENCY REQUIREMENTS (Continued) ORDINACE #00-54 CREATING A CARTERET REDEVELOPMENT AGENCY PUBLIC HEARING COMMENTS HEARING CLOSED ~CEMBER 7, 2000 RDINANCE #00-54 REATING A /'lRTERET EDEVELOPMENT GENCY Upon MMS&C, by Councilmembers Crilley and Quinones ORDINANCE #00-54 "CREATING A CARTERET REDEVELOPMENT AGENCY" ARRIED UNTIL HE COUNCIL ECEIVES APPROVAL ROM THE LOCAL INANCE BOARD was carried until the Council received approval from the Local Finance Board. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. OMMENTS Council member Crilley asked if the next time the Council voted on this Ordinance it would be a Second Reading or did it need to have another PubJic Hearing. Borough Attorney Coughlin said it did not need another Public Hearing it was carried. IEETING OPENED 'UBLIC INPUT IN ALL ŒSOLUTIONS A copy of each Resolution was placed on the table for public review prior to the meeting in accordance with the Rules of Council and upon MMS&C, by Council members Crilley and O'Brien and unanimous affirmative vote of the four (4) members present, the meeting was opened for public input on all Resolutions. ;OMMENTS Stan Gutowski asked the Mayor for an explanation on Resolution #00- 402 and asked what kind of settlement was being given to Serenity. Mayor Failace said Council member Santoro had a meeting with Craig, Nick, Potter Architects and Serenity. He said they had some change orders and the town had some things, Serenity wanted to sue the town and he thought the town should sue them but an agreement was made. Stan Gutowski asked if the town was paying them for anything they should have done but did not do. Mayor Failace said they were going to take care of the major items. Councilmember Crilley asked the Council to table this until the end of the meeting so the Council could discuss this in Closed Session. Council member Santoro said this could have been tabled until the Agenda so it could be discussed. She said today she just wanted to release money to them for payment. 8. Councilmember Crilley wanted to discuss this in Closed Session due to pending litigation on some matters. Stan Gutowski asked how much the settlement was for and how much money was left in the bond. Mayor Failace said the settlement was for approximately ninety thousand dollars and the bond had about twenty five thousand left. He said they end up with an over budget of forty-one thousand dollars on the three-point six million-dollar project. Stan Gutowski asked where the forty-one thousand was coming from or where it could be transferred from. Mayor Failace said they might be going to the Library Board. He said it might be put into the budget to be paid because this is an emergency. Robert Kately asked for clarification on Resolution #00-406, reaffirming appointment of Director of Public Works. Mayor Failace said the Council received a letter from a concerned citizen questioning the Resolution being passed at an Agenda meeting. He said the Council did check with the Borough Attorney who said the Council did the right thing but just had to reaffirm this at the next Council meeting which they are doing today. He said a passed Council was sued for violating the Sunshine Law. Robert Kately asked Borough Attorney Coughlin if this was legal and for clarification on the appointment. Mayor Failace said it was legal and it was published in the newspaper as they have always done and had been done in the past. He said this could be reaffirmed as they were doing tonight and did not feel the Council did anything wrong. Robert Kately asked if the Council knew what would happen to the appointment if the Council did do something wrong. Borough Attorney Coughlin said nothing would be illegal, it would be in violation of the Sunshine Law which could be overturned. He said the general remedy was to take that action in a manner that compJies with the Open Public Meeting Act. Councilmember Santoro asked if the person who received the appointment at the Agenda was being paid for the position right now. Mayor Failace said the person absolutely was being paid but that what Borough Attorney Coughlin was saying was that nothing was done wrong, they were just reaffirming the appointment. 9. Robert Kately asked why they are reaffirming if nothing was done wrong. Mayor Failace said because of the letter from the citizen and in the passed a situation similar to this where the judge said the Council had to reaffirm at the next Council Meeting. DECEMBER 7, 2000 COMMENTS ~CEMBER 7, 2000 )MMENTS ~ontinued) Robert Kately asked which departments where going to fall under the directorship of the Director and asked the Council to be specific as to which departments this would affect before the vote. Mayor Failace said they added the Parks Department to the duties. Councilmember Crilley said he believed all the blue-collar departments. He said he believed the Sewer, Streets and Roads, Garage, Parks and RecycJing. Council member Quinones said the letter stated the sole purpose of the appointment was so that the person could supervise the Parks Department and says a review of Borough Ordinances reveals no such authority. She discussed the letter in detail and said the Council should review the facts before voting if need be. Robert Kately said they have been asking clarification from the Attorney for four months concerning this appointment. Borough Attorney Coughlin said the structure of the departments, and the appointment of Mr. Surick and his qualifications is not what this Resolution is concerning. Robert Kately said if the Council made him a Director of PubJic Works he doesn't have the authority to oversee the Park, they would need help. Mayor Failace said the Parks would report to this individual. Dan Reiman Atlantic Street asked who authorized the change orders concerning Resolution #00-406 and wanted to know how many there were and if the Council voted for all of these change orders. Borough Attorney Coughlin said there is an outstanding change order, which was compromised by Serenity. He said the agreement contemplates a negative change order and that they were some where within the operating margin. Dan Reiman asked if the Councíl knew what the original amount was. Business Administrator Goldsack said originally one thirty six or one thirty nine. Dan Reiman asked if the Council took action on four hundred thousand dollars. Business Administrator Goldsack said it was a cumulative total of change orders which was negotiated down by Potter to seventy three thousand. Ron Rios, Marion Street asked if Resolution #00-400 and #00-401 are coming out of the bond. 10. Mayor Failace said yes. John Sudia said in reviewmg Resolution #00-393 the amount transferred is thirteen thousand dollars and he has no problem with that. He said the PoJice Department ordered two vehicles without authorization. Councilmember Quinones said that was not true, they had requested the vehicles but nothing was ordered. She said they were put in place until the funds were available and said an order could not be put in without authorization. She said they were working grant money to try to purchase one vehicle at this time and another within the next few months. Councilmember Santoro asked if the department made a call to pick up two vehicles whether they were ordered or not. Councilmember Quinones said someone in the department has a relationship with someone in the car dealership where these cars where supposed to be ordered. The cars were not ordered but set aside because this officer had no authorization. There being no further comments or objections to the Resolutions, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present. RESOLUTION #00-390 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers O'Brien and Crilley RESOLUTION #00-390 "DIRECTING OF ISSUANCE OF BINGO LICENSES" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. 11. RESOLUTION #00-391 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Quinones and Crilley RESOLUTION #00-391 "DIRECTING THE ISSUANCE OF RAFFLE LICENSES" DECEMBER 7, 2000 COMMENTS (Continued) MEETING CLOSED RESOLUTION #00-390 DIRECTING ISSUANCE OF VARIOUS BINGO LICENSES ADOPTED RESOLUTION 100-391 DIRECTING ISSUANCE OF VARIOUS RAFFLE LICENSES ¡:CEliBER 7, 2000 ESOLUTION 100-391 IRECTING ISSUANCE F VARIOUS RAFFLE ICENSES (Continued) DOPTED ESOLUTION 100-392 .EFUND OF TAX AND/ IR SEWER FEE IVERPAYMENTS IDOPTED lESOLUTION 100-393 ~ROVIDING FOR THE rRANSFER OF SURPLUS i'UNDS ADOPTED RESOLUTION #00-394 AWARD OF BID- 2000 FIRE PUMPER AND RESCUE ENGINE ADOPTED was adopted. Upon individual roll call vote, Council members Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-392 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and O'Brien RESOLUTION #00-392 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Council members Fazekas and Sohayda were noted absent. RESOLUTION #00-393 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Council members Crilley and O'Brien RESOLUTION #00-393 "PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS" was adopted. Upon individual roll call vote, Council members Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-394 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Quinones and O'Brien RESOLUTION #00-394 12. "AWARD OF BID-2000 FIRE PUMPER & RESCUE ENGINE" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-395 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, Councilmembers Quinones and Crilley RESOLUTION #00-395 "APPOINTING LINDA A. RIVERA PROVISIONAL ASSISTANT MUNICIPAL CLERK" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-396 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and Quinones RESOLUTION #00-396 "APPROVING DEDICATION BY RIDER 'MUNICIPAL OPEN SPACE' TRUST FUND" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones Santoro voted in the affirmative. Councilmembers Fazekas were noted absent. RESOLUTION #00-397 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Quinones and O'Brien RESOLUTION #00-397 13. "AUTHORIZING BID-POLICE DEPARTMENT BOILER REPLACEMENT" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. DECEMBER 7, 2000 RESOLUTION #00-395 APPOINTING LINDA A. RIVERA-PROVISIONAL ASSISTANT MUNICIPAL CLERK ADOPTED RESOLUTION #00-396 DEDICATION BY RIDER OPEN SPACE TRUST FUND ADOPTED RESOLUTION #00-397 AUTHORIZING BIDS- POLICE DEPARTMENT BOILER REPLACEMENT ADOPTED ~CEI1BER 7, 2000 ESOLUTION 100-398 UTHORIZING SALE F TAX SALE ERTIFICATES BY SSIGNMENT ASHINGTON AVENUE USINESS DISTRICT EVITALIZATION ~ABLED tESOLUTION #00-399 IUTHORIZING IPPLICATION TO THE .OCAL FINANCE BOARD, Œ: CARTERET ŒDEVELOPMENT ~GENCY &.DOPTED RESOLUTION 100-400 PROFESSIONAL SERVICES-KILLAM ASSOCIATES, NOT TO EXCEED $64,500.00 RE: HARRISON AVENUE PUMP STATION REPLACEMENT ADOPTED RESOLUTION #00-398 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and Quinones RESOLUTION #00-398 "RESOLUTION AUTHORIZING THE SALE OF TAX SALE CERTIFICATES BY ASSIGNMENT" was tabled. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-399 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Quinones and O'Brien RESOLUTION #00-399 "RESOLUTION OF THE BOROUGH OF CARTERET MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO NJ.S.A. 40A:5A-4 AND 40A: 12A-ll" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Council members Fazekas and Sohayda were noted absent. RESOLUTION #00-400 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and O'Brien RESOLUTION #00-400 "PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES" 14. was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Santoro were noted absent. RESOLUTION #00-401 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Council members Crilley and Quinones RESOLUTION #00-401 "PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted 10 the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-402 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and O'Brien RESOLUTION #00-402 "AUTHORIZING SETTLEMENT AGREEMENT" was tabled. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted 10 the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-403 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Council members Crilley and Quinones RESOLUTION #00-403 "REFERRING REDEVELOPMENT PLAN TO CARTERET PLANNING BOARD" 15. was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. DECEMBER 7, 2000 RESOLUTION #00-401 PROFESSIONAL SERVICES-KILLAM ASSOCIATES, NOT TO EXCEED $9,600.00, RE: IMPROVEMENTS TO ROOSEVELT AVENUE PUMP STATION ADOPTED RESOLUTION 100-402 AUTHORIZING SETTLEMENT AGREEMENT SERENITY GROUP, INC. TABLED RESOLUTION 100-403 REFERRING REDEVELOPMENT PLAN TO CARTERET PLANNING BOARD ADOPTED ECEMBER 7, 2000 OItMENTS IESOLUTION #00-404 IPPROVING TRANSFER )F ABC LICENSE ~ROM MANGYIK, INC. to NEHA-JAGIR, INC. mOPTED RESOLUTION #00-405 /lPPROVING 'tAINTENANCE /lGREEMENT-ZIP CONTRACTING Councilmember Santoro asked for clarification on this Resolution and if the Planning Board had to vote on this. Borough Attorney Coughlin said the Council was giving the Planning Board the Redevelopment plan. He said they have to give their recommendations and vote on them. He said they have to designate the area in need of redevelopment. Council member Quinones asked if the Planning Board had to conduct an investigation as part of their Public Hearing. Councilmember Santoro said she knew the Council had to go to the Local Finance Board and wanted to know if the input from the Planning Board was needed before the Council voted on this. Mayor Failace said not to create the agency. Borough Attorney CoughJin said they are separate tracks, one was creating the agency and one would provide for the plan. Council member Crilley said the Council does this as a curtsey review. RESOLUTION #00-404 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, Councilmembers Quinones and Crilley RESOLUTION #00-404 "AUTHORIZING A PERSON-TO-PERSON TRANSFER OF ABC LICENSE #1201-44-004" was adopted. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted 10 the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-405 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and Quinones 16. RESOLUTION #00-405 "APPROVING MAINTENANCE AGREEMENT ZIP CONTRACTING" was adopted. Upon individual roll call vote, Council members Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. RESOLUTION #00-406 was introduced by the Mayor and referred to the Council for action. Upon MM&C, by Councilmembers Crilley and Quinones RESOLUTION #00-406 "APPOINTING DIRECTOR OF PUBLIC WORKS" was adopted. Upon individual roll call vote Councilmembers Crilley, O'Brien and Quinones voted in the affirmative. Councilmember Santoro voted no. Councilmembers Fazekas and Sohayda were noted absent. The Clerk stated she was in receipt of a Communication from the State of New Jersey-Public Hearing, 12/12/00, New Brunswick, NJ Re: NJ State Development and Redevelopment Plan: Draft Final Plan. The Clerk stated that she was in receipt of a Communication from the Township of Woodbridge-Resolution supporting that the archeological excavation by NJ DOT in conjunction with highway projects for Routes 18 & 287, and Hoes Lane and Centennial Avenue searching for historical artifacts continue before the actual road projects begin. The Clerk stated that she was in receipt of a Communication from Cultural Resource Consulting Group-Phase II Cultural Resources Study, Re: OENJ Cherokee Project. Borough will be notified of any public meetings regarding the Project. The Clerk stated that she was in receipt of a Communication from the Borough of Spots wood-Resolution opposing A-2188 eliminating municipal rent control. 17. Upon MMS&C, by Councilmembers Crilley and Quinones and unanimous affirmative vote of the four (4) Councilmembers present, all Communications were ordered to be received and placed on file. DECEMBER 7, 2000 RESOLUTION 100-405 APPROVING MAINTENANCE AGREEMENT-ZIP CONTRACTING (Con't) ADOPTED RESOLUTION 100-406 REAFFIRMING APPOINTMENT- DIRECTOR OF PUBLIC WORKS ADOPTED COMMUNICATIONS: STATE OF NEW JERSEY WOODBRIDGE CULTURAL RESOURCE CONSULTING GROUP SPOTSWOOD ECEMBER 7, 2000 AYMENT OF ILLS Upon MMS&C, by Council members Crilley and O'Brien all bills appearing on the prepared bill list properly audited and signed were ordered to be paid. Upon individual roll call vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Council members Fazekas and Sohayda were noted absent. EPORTS 'EPARTMENT The clerk stated that she was in receipt of the following reports: 1. Board of Health-October 2000 2. Clerk's Office-November 2000 3. Welfare-August, September & October 2000 Upon MMS&C, by Councilmembers Crilley and O'Brien and unanimous affirmative vote of the four (4) Councilmembers present, all reports were ordered to be received and placed on file. ¡TANDING ;OMMITTEES BUILDINGS & GROUNDS: Committee Chairperson Santoro said the Council was moving forward with moving the different departments into the Community Center. She said some of last issues were the phone system and the kitchen. She said they have a plan for the kitchen and spoke to the Freeholders concerning money for the stove and refrigerator. She said she hoped everyone would be in place by January first. She said Borough Hall was closed for a day and a half because there was a strong odor in the Clerk's Office and because of the mold situation there was a concern for the workers in that area. She said there was testing done and she would be meeting with the Business Administrator and the Mayor to go over the building next week and said it was open at this time. She reported progress. Mayor Failace said he received the report on the Borough Hall which stated the building was worse on the outside than the inside on the second floor. He said the bottom floor was no different than it had been and he said there was a problem but not because of the negative air. 18. FINANCE & ADMINISTRATION: Committee Chairperson O'Brien said things are going along fine. He reported progress. FIRE: Councilmember Quinones reported progress. PARKS & RECREATION: Committee Chai~erson Crilley said the House Lighting Contest will be December 14t and 15th and said the seniors will be judging. He said the prizes are gift certificates to Shop- Rite for first to fifth place. He said the Council passed Resolution #00-396, the Open Space Trust Fund. He said he wanted to pass this Resolution because he felt strongly about upgrading the parks and went on to explain. He said he hoped the new Council would take advantage of making commercial property into parks and continue upgrading the present parks. He said this was an additional hundred thousand dollars in the budget each year which would include last year's one hundred thousand dollars that could also be used. He said by 2005 according to state law all parks in the Borough have to be upgraded for safety reasons. He said he would be at the Council meetings after his term and would be glad to share his plan for the parks with the new Council because the town desperately needed to revitalize the parks. He reported progress. POLICE: Committee Chairperson Quinones said she agreed with the Mayor concerning the plaque for the Police Officers who were killed in the line of duty on December 7, 1944. She said the Police Director, with the help of two captains and a lieutenant are currently interviewing the top two candidates on the police list. She said the Police Department has not purchased any new vehicles. She reported progress. PUBLIC WORKS: Council member Quinones reported progress. BOARD OF EDUCATION: Committee Chairperson Santoro said Councilmember Fazekas was involved in the Board of Education meeting and wasn't sure if it had taken place. She reported progress. 19. Mayor Failace said the Linden Marine Transfer Station was approved by the Union County Board of Freeholders and said he was disappointed. He said he was there but no other members of the governing body attended. He said Congressman Valone was there as well as representatives from many of the other towns who spoke. He said this has been a done deal and he felt it was a done deal from the beginning and they did not take into consideration the dangers to the residents. He said it was sad that not one member of the board came to the meeting and still felt even though the money was good he was glad Carteret turned it down for the good of the town and the town's neighbors. He said the town has received a Transportation Trust Fund of two hundred and ten thousand-dollar grant for Milik Street. He said the town has received money for a pedestrian safety grant concerning Carteret Avenue from a DOT grant which totaled one hundred and fifty thousand dollars. He said the Building Department has taken in $885,000 as of October and they are doing a great job. He said that the department was worth every penny. He said no one wanted to spend money on sewers but the MCUA will need another two hundred DECEMBER 7, 2000 STANDING COMMITTEES (Continued) COMMENTS ECEMBER 7, 2000 OMMENTS Continued) forty two thousand dol1ars next year. He said next year Carteret would be spending one hundred seventeen thousand dollars. He said the Council could bond for the sewers and no one likes to bond. He said the four hundred thousand dollars a year is going right down the drain each year he asked next years Council to look seriously at this. He said he has asked the Council to consider privatization. He said he didn't know if privatization was the answer but he thought the Council should spend the money looking into this. He said the fifty dol1ars the Council took off the Sewer Usage Fee would become at least one hundred and fifty dol1ars. He said the Town Center Dedication was Saturday December 16, 2000 at 10:30 A.M. and wanted to see everyone there. He aid the monument wasn't ready yet but wanted to do it before the weather got any colder. He thanked the Recreation Committee for the tree lighting ceremony and complimented them on the good job they have been doing. 'UBLIC IISCUSSION Upon MMS&C, by Councilmembers Cril1ey and Quinones and unanimous affirmative vote of the four (4) Councilmembers present, the meeting was opened to the public for discussion. :OMMENTS Tom Lang, Colgan A venue complimented Borough Attorney Craig Coughlin for giving him answers to questions he needed answered. He said Craig has sent letters and made phone calls concerning the New Jersey Turnpike. He thanked Councilmembers O'Brien and Crilley for serving on the Council and complimented them on the fine jobs they both have done and explained the help he had gotten from each. He asked where the money went when a Police Officer issued a ticket. Councilmember Quinones said some of the money goes into a state fund, some goes toward court costs. Tom Lang suggested a Carteret Police Officer sit in the McDonald's lot and give every truck in there a ticket, he said this would pay for the Police Department's salaries as wel1 as the sewer money the town needed. Council member Quinones said the Director was present and would take it into consideration. She said more tickets have been issued concerning this issue. Tom Lang said a police car was on Jackson Avenue and was needed because the school bus stops and children were present. 20. Councilmember Quinones said she was aware of this because former Council member Mancuso lives on Jackson Avenue and has told her about how fast the cars go and the safety issue. Tom Lang said the stop sign by CVS has been down for a year and asked for this to be taken care of because the children are in the area and the school is right there. Beverly Hedesh, Chairperson of the Recreation Department said she will be holding the house lighting contest next week and Friday night the seniors would be judging and asked if there was a temporary CO for the seniors to have refreshments inside the new community center. Council member Santoro said there was a ful1 CO and she could take the seniors there for refreshments but needed to have someone there to lock up. Stan Gutowski, New Jersey Avenue said the Sewer Usage Fee was charged to the residents by what comes into the house and the Borough was charged by what goes out. He asked if Woodbridge was trying to make Carteret pay for some kind of damage. Mayor Failace said there was a report from Woodbridge's engineers that states Carteret was responsible for damage to some portion of their sewers. He said he hasn't reviewed it and needed to sit down with Al Beninato concerning this. Stan Gutowski asked if Woodbridge has put a dol1ar amount on how much they want for this. Mayor Failace said he didn't know the amount and is waiting for his meeting with AI. He said he didn't know if they have requested anything yet, but that he knew they blamed Carteret. Mary Fountaine asked Councilmember Santoro what was happening with the old Community Center and if it was being used. Councilmember Santoro said it was being used by the day and night senior groups and by the meals on wheels program. Mary Fountaine asked Councilmember Santoro if the other people in the community could use the building. Councilmember Santoro said she assumed it was being used but that it would have to go through Mr. Brewer. Mary Fountaine said Councilmember Santoro did not want the community to use the building and said the residents could not use it. Councilmember Santoro said she did not say this but did say the Council might have had to use the building if needed for a displaced Borough office. She said the community has always used it, why wouldn't they use it. She said programs were being set up so residents could use the new community center. 21. Mary Fountaine asked if children could use this community center for dances. Councilmember Santoro said the children could use it if they were with a group. DECEMBER 7, 2000 COMMENTS (Continued) ~CE~mER 7, 2000 )MMENTS ~ontinued) Mary Fountaine asked what the Council thought of the redevelopment of lower Roosevelt A venue. Mayor Failace said creation of the Carteret Redevelopment Agency was a boom and he intended to go to Trenton on the thirteenth to fight to create this agency. He said he thought the rest of the Council was in favor of this but Mrs. Fountaine would have to ask them. Councilmember Crilley said he and the Mayor met with a man from Perth Amboy and this gentleman has given them a lot of advise and said he would be glad to help the Council. He said Perth Amboy has gotten a lot of money. Councilmember Santoro said she has always been in support of this and was on the UEZ Board, which voted to spend the money in lower Roosevelt A venue. Mayor Failace said the key to development of lower Roosevelt A venue was the Redevelopment Agency. He invited Mrs. Fountaine to come down to Trenton on the thirteenth and said he wished the citizens would come with the Council and let the Local Finance Board hear how important this was to Carteret and its citizens, not only for lower Roosevelt but to have a Redevelopment Agency. He said he couldn't image any of the Council being against this Redevelopment Agency. Council member Quinones said she has supported it and showed her support by voting for this on First Reading. She said she would continue to support any efforts for revitalization. Councilmember Santoro said after the meeting she went to Perth Amboy and got their redevelopment papers and she met with the Director of Redevelopment from Perth Amboy. She said she also went to Woodbridge. She said she felt if Carteret was going to have a Redevelopment Agency she wanted it to be done right. Mayor Failace said he was against the Council being on the Redevelopment Agency and wanted it to be residents who are members of the agency. He thought this would take a gigantic effort on the part of these people who would be appointed to the board. He said the Local Finance Board wanted the names of some of the people the Mayor wanted on the agency before he went to the meeting. Councilmember Santoro asked if the Mayor was looking for any names. Mayor Failace said he would take any names that anyone would give him. Mary, resident, said she attended a Council Meeting in the spring and asked the Council why she still hasn't gotten approval for a handicapped space in front of her house. She said the Council told her it was because she had a driveway and said she has seen other handicapped spaces in front of houses that had driveways. She said the Mayor told her to apply again and this was the third time and said it has been months that she had not heard from anyone. 22. Mayor Failace told her to give him her name and phone number after the meeting and he would find out what happened to her application. Mary, resident, asked the Mayor why they did not have street signs in her area. Mayor Failace said the signs are being made and couldn't give any more information because Council member Sohayda who is in charge of Streets and Roads was not in attendance tonight. He said he would either have to speak to Councilmember Sohayda or the head of Streets and Roads but he knew signs were being made. Daphne Miles asked Councilmember Santoro if she knew who the members of the Woodbridge and Perth Amboy Redevelopment Agencies were, if they were Councilmembers or residents. Councilmembers Santoro said they had multiple agencies. She said Perth Amboy had ten or twenty agencies because they have a different agency for every area which is just for that area and said sometimes it was just citizens but said a lot of the time it was the Council. She said Woodbridge is mixed. Daphne Miles asked Mrs. Santoro if she was saY10g it was more Council than it was citizens. Councilmember Quinones said our Ordinance provides for a mixture of elected officials and public. Mayor Failace said it allowed for a couple of elected officials to sit on the board for a year at a time and other members to sit for staggered terms. 3. Daphne Miles said she would like to clarify what Mary had said about street signs and said they wanted to know why Chrome never got new street signs. She said when the town received new street signs Chrome never got new street signs unless it was Roosevelt or for the streets on the outside. She said she didn't care about the problems in Borough Hall and said the people should not lose the right to use the Community Center because they use it for the churches. She said even though Mrs. Santoro said the people could use the Community Center when they call Mr. Brewer he tells them no, you can not use this hall anymore. She said she would fight the Council tooth and nail to use this center and said things in town are being build because of the hardships from the people in the Chrome area. She said the lady had to spend seventy-five dollars to use a hall to serve a family after a funeral and wanted to use the Firehouse Community Center not the new Senior Community Center. She said she would fight for the right to use the building and thought it was wrong that churches were being denied the use of the building. She said she was sorry about what was happening in Borough Hall and said she didn't want to have anyone work under conditions she would not work under but the citizens of Chrome should not lose the use of the Community Center even temporarily. DECEMBER 7, 2000 COMMENTS (Continued) :CEttBER 7, 2000 >MMENTS ;ontinued) Councilmember Santoro said the offices could be moved to multiple locations but nothing was being done right now. Councilmember Santoro said Business Administrator Goldsack had spoken to Mr. Brewer after the last time this happened so this wouldn't happen again. She said no one has said any differently to Mr. Brewer and it should have been clarified with him. She said it wasn't coming from her it was coming from a neutral Borough employee. Business Administrator Goldsack agreed with Councilmember Santoro. Daphne Miles told Council member Santoro to inform Mr. Brewer to stop using her name to deny people. Mayor Failace said he thought it was cleared up and people were not being denied any longer. He said the town could use two Community Centers. Daphne Miles said they should not be displaced because of workers in Borough Hall and would fight to have the right. Councilmember Santoro said she didn't want to fight and would ask Business Administrator Goldsack to put this in writing and give it to Mr. Brewer tomorrow. Business Administrator Goldsack said any organization referred to him by the Mayor has been scheduled to use the Firehouse Community Center. Daphne Miles asked the Mayor why only organizations had to use the Community Center and said it has never been the case before. She said people used this for birthday parties and Christenings and listed the other things. Mayor Failace said Nick would put this 10 writing to Mr. Brewer tomorrow. Daphne Miles said they know the seniors come first and she would be watching to make sure the people are not denied. She said the redevelopment was good but this would not help with the trucks going up and down Roosevelt A venue. She said there would be eight hundred trucks coming down Roosevelt Avenue and businesses would not survive if they do not take the truck traffic away. She named the streets along Carteret Avenue and how many crossing guards were posted there and said there were not enough crossing guards in the Chrome area. She said the people of Chrome were at fault but they were not going to take it anymore. She said Industrial Road needs to be extended and said she would go to McGreevey if she needed to make this happen and she said she would fight him if need be. 24. Councilmember Quinones said the project could not go through if Woodbridge didn't do their part and couldn't speak for them. Mayor Failace said Carteret would do what they had to do to get Industrial Road extended but didn't have Woodbridge's position at this time. Sandra Russell asked Councilmember Santoro what the people of Chrome did to her. Councilmember Santoro said she didn't know the people of Chrome did anything to her. Sandra Russell told Council member Santoro everything the people of Chrome try to fight for Mrs. Santoro tried to knock it down. She asked Mrs. Santoro how long she has lived in Carteret. Councilmember Santoro asked what she has knocked down and said she has been here for twenty-two years. Sandra Russell said she was born here in nineteen forty and has lived here all her life. She said at one time Roosevelt A venue was booming. Mrs. Santoro said her husband was born here and lived here all his life also and said she does remember Roosevelt A venue booming. Sandra Russell asked Councilmember Santoro why she didn't want to see it like that again. Councilmember Santoro said she was not against things getting done in Chrome and said she fought for six years to get Columbus School fixed for the children. She said she was on the UEZ and knows a lot of the children in the Chrome area. She said she voted against the sewers which she said didn't even include the Chrome area. Mayor Failace said what Ms. Russell has heard was the Council supports the redevelopment, the Redevelopment Agency supports the citizens being on the agency. Sandra Russell interrupted the Mayor and said Ms. Santoro wasn't at the meeting when the Redevelopment Agency was voted on and felt she should have been at that very important meeting. Councilmember Santoro said the original meetings were held on Thursday nights and the meeting had been switched to a Wednesday night. She said she wouldn't not want to be at the Council meeting because the of Chrome section. She said Councilmember O'Brien had the meeting moved because he wanted his Cell Phone Ordinance to be passed. Councilmember O'Brien said he had no knowledge when the meeting was being scheduled. 5. Sandra Seymore asked if someone was for the Redevelopment than why weren't they for the sewers and felt you do not do one without the other. Councilmember Quinones said she felt they did come together and if you fix one part of town, it would affect others. DECEMBER 7, 2000 COMMENTS (Continued) ~CEltBER 7, 2000 )MMENTS ~oninued) Mayor Failace said the Council does want to fix it and they approved a three point six million dollar bond and were hoping to get another one point five million dollar bond. Sam Lugo, 44 Fitch Street, said he worked for the Streets and Roads Department and said last Thursday he and his partner went to Woodbridge Storage to pick up a desk. He said they waited half an hour and the lady at Woodbridge Storage said the Borough owed them one hundred and eighty dollars. He said he went back to Mr. Surick who told him Mr. Pi no should be in charge of this. He said the next day around twelve o'clock he saw a desk being torn up, Jeff Pino was in the office with Teddy and the same desk that was in storage that the town owed one hundred eighty dollars for was being destroyed. He said it didn't make any sense to him why they would remove a brand new desk and destroy it and asked if they couldn't use it somewhere else. Mayor Failace said he didn't know about any desk and Mr. Lugo might have to speak to Mr. Sohayda concerning this. Sam Lugo said Mr. Surick and Mr. Pino knew about it because they were the ones who picked up the desk. He said Mr. Surick doesn't tell anything to Mr. Sohayda. He said he has complained to Mr. Surick and Mr. Carpenter that his radio on his truck does not work and a couple of the radios in the trucks do not work. He said he told them a month before Mr. Surick got his base unit in his office but Mr. Surick said the radio guy would check it out. He said the radio man came to fix things and no one checked his radio and felt this was unsafe because he can hear them calling him but he could call for help if something happened on the road. He said his truck broke down in West Carteret and no one heard him for more than twenty minutes. He said someone was going to get hurt and wanted to know what was being done, he said he had to drive from Newark with a flat tire. He said Mr. Surick knew about the chipper truck and only let the two people who were not going to say anything drive it. He said he wasn't going to lose his license for them or anyone else and he would drive but he wasn't going to risk his life. He said the police sited this truck with eleven violations and Mr. Surick knew about them. He said the Council gave Mr. Surick an appointment to oversee Mr. Kately and asked what his qualifications were concerning the Parks and the Sewers. He said the streets and sign posts in the town are in terrible shape. Council member Crilley asked Mr. Lugo if he filled out a daily report concerning his vehicle. Sam Lugo said he tells Mr. Surick personally and was only given the inspection book a month ago. He said he fills them out and gives them to Vic Kazio. He said he has told them about the radios many times and listed other things he has had problems with. 26. Business Administrator Goldsack and Council member Crilley asked if it was in a report. Sam Lugo said no it was not in a report because he went directly to the Supervisor and his boss. Mayor Failace said Mr. Surick wasn't here and he didn't want to go back and forth on this. Sam Lugo said he thought Mr. Surick was supposed to attend an Council Meetings and asked why Councilmember Quinones reported progress when things are not being taken care of. Councilmember Quinones said Mr. Surick didn't have to attend and that a lot of other department heads weren't there either. Mayor Failace said he was sorry Mr. Sohayda wasn't here to answer his questions because he should be answering and not the Mayor. John Sudia said if anyone is denied the Community Center the person denying the residents are in violation of Community Development Act and he said he would be the first one to file charges against them. Mayor Failace said Councilmember Quinones said progress whether she agreed with it or not. He said Councilmember Fazekas has missed the last two Council Meetings and other members have missed meetings and felt it was unfortunate that the Councilmembers that were in attendance were taking the brunt of it. Sam Lugo wanted to know why the Mayor pays a Business Administrator. Mayor Failace said the Business Administrator was there to do a job. Stan Gutowski said the problems with the radios happened before Mr. Surick was appointed the Director of Public Works and wanted to know who was in charge of the maintenance of the vehicles. Councilmember Quinones said she believed it was Mr. Kazio. Stan Gutowski said Mr. Kazio was in charge the garage and that Mr. Surick was not responsible for maintenance of vehicles. Councilmember Quinones said Mr. Surick would directly oversee Mr. Kazio's department now. Upon MMS&C, by Councilmembers Quinones and O'Brien RESOLUTION #00-407 "RESOLUTION TO GO INTO CLOSED SESSION" 27. was adopted. Upon individual roll can vote, Councilmembers Crilley, O'Brien, Quinones and Santoro voted in the affirmative. Councilmembers Fazekas and Sohayda were noted absent. At approximately 9:20 P.M., a Closed Session was held. DECEMBER 7, 2000 COMMENTS (Continued) RESOLUTION 100-407 TO GO INTO CLOSED SESSION FOR LIGATION ADOPTED ADJOURNED TO CLOSED SESSION :CEHBER 7, 2000 mTING OPENED At approximately 10:08 P.M., upon MMS&C, by Council members Quinones and O'Brien and unanimous affirmative vote of the four (4) Council members present, the meeting was open to the public. )HHENTS Mayor Failace asked for a motion to amend the bill list to include a twenty thousand-dollar payment to the Serenity Group, Inc. Borough Attorney Coughlin said the way it would be done was to authorize a twenty thousand-dollar payment to Serenity Group, Inc. pursuant to a settlement agreement. Mayor Failace said the payment is the payment the Resolution is separate. Several Councilmembers speaking at once, concerning the proper way to handle this. Council member Crilley had a question on the motion. He asked if the motion to pay Serenity does not add it to the bill list. Business Administrator Goldsack said no, it could be a Resolution. Councilmember Crilley said any Resolution passed had to go onto the bill list to be approved. Councilmember Quinones said no. Business Administrator Goldsack said it could be paid now but it would be reflected on the next bill list. Councilmember Crilley said if you want it paid tomorrow, he felt the Council should make an amendment to the bill list. Councilmember Quinones said Councilmember Santoro seconded withdraw these motions. she made that motion and it and asked if they needed to Borough Attorney Coughlin said she didn't have to because she was amending it. Councilmember O'Brien asked what the Resolution would be reading. Borough Attorney Coughlin said there would be a Resolution to authorize payment to Serenity Group, Inc. in the amount of twenty- thousand dollars for work they performed on the Library/Community Center and to amend the bill list to include this amount. 28. Council member O'Brien asked if they could do that before they approved the agreement. Mayor Failace said yes because the twenty-thousand dollars was there. Upon MMS&C, by Councilmembers Quinones and Santoro RESOLUTION #00-402 "AUTHORIZING AN AGREEMENT" was adopted. Upon individual roll call vote, Councilmembers O'Brien, Quinones and Santoro voted 10 the affirmative. Councilmember Crilley voted no. Councilmembers Fazekas and Sohayda were noted absent. Upon MMS&C, Council members Quinones and Santoro a motion was made to amend the Resolution to read it is hereby approved subject to the certification of funds by the Chief Financial Officer. Upon individual roll call vote, Councilmembers O'Brien, Quinones and Santoro voted in the affirmative. Councilmember Crilley voted no. Councilmembers Fazekas and Sohayda were noted absent. There being no further business or discussion, upon MMS&C, by Councilmembers Quinones and O'Brien, and unanimous affirmative vote of the four (4) Councilmembers present, the meeting was adjourned at approximately 10:05 P.M. Respectfully submitted, k~~~MC Municipal Clerk KMB/cp 29. DECEMBER 7, 2000 RESOLUTIION #00-402 AUTHORIZING AN AGREEMENT-SERENITY GROUP, INC. ADOPTED MOTION TO AMEND ADJOURNED ~CEMBER 7, 2000 )UNCIL MEETING 30.