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Home My Public Portal About1999/02/09 A Special Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor James A Failace at approximately 6:00 P.M., at the Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey Upon individual roll call vote, the following were noted absent: Councilmember Patrick Crilley Stanley Gutowski James Mancuso James O'Brien Remy Quinones " " " " Noted absent was Councilmember Jack Fazekas. Also noted present was Borough Attorney Craig J. Coughlin. Mailed to the Home News Tribune, the Star Ledger and posted on the bulletin board on February 5, 1999. To introduce the 1999 Municipal Budget and any other business before Council. Councilmember Jack Fazekas was noted present at approximately 6:02 PM. A copy of each Resolution was placed upon the table for review prior to the meeting in accordance with the Rules of Council and upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, the meeting was opened for public input on all resolutions. 1 There being no comments or objections to the resolutions, upon MMS&C, by Councilmembers Crilley and Mancuso and unanimous affirmative vote of the full Council present, the public input on the resolutions was closed. FEBRUARY 9, 1999 SPECIAL MEETING ROLL CALL STATEMENT OF MEETING NOTICE PURPOSE Councilmember Fazekas Noted Present Meeting Opened Public Input on Resolutions Meeting Closed FEBRUARY 9, 1999 RESOLUTION #99-63 Introduction of 1999 tlunicipal Budget RESOLUTlON #99-63 was introduced by the Mayor and was referred to the Council for action Mayor Failace said there are certain items that are still open which they need to discuss at the Agenda Meeting. ~ Councilmember Crilley asked if there was a possibility for it to be lower. Mr. DeBlasio told the Council on page 15 there was a typo. The numbers were reversed and he has written it in. The official copy will be corrected. Mayor Failace asked Mr. DeBlasio what were we going to apply for in State Aidry Mr. DeBlasio said the application has not come in yet He has been in contact with the Municipal Auditor and they are going to be going for between $400,000 and $600,000. We received nothing last year. Mayor Failace said the state cut aid back from Thirty Million to Twenty Million and we didn't get anything last year. He said we would take whatever they give us Councilmember Quinones said she is sure other members of the Council are aware of this, and it should be noted, that $546,000 is what we need to pay out in severance this year. Overall it does look like a good budget She also mentioned that in terms of programs they are not looking to cut any programs They are looking to expand Senior Citizen bussing programs, maintaining our commitments in Chrome and in the parks and to do our Capital Improvements. In that regard, she hopes the Council considers adopting the budget Upon MMS&C, by Councilmember Quinones and Gutowski RESOLUTION #99-63 "INTRODUCTION OF FISCAL YEAR 1999 BUDGET" Adopted was adopted Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the affirmative. Kately v. Borough of Carteret Borough Attorney Coughlin said it was his understanding that there was a court order to adopt this in Closed Session. That was his recollection. Council President Gutowski said he thought they had adopted it. 2 Borough Attorney Coughlin said he spoke to Mr. Hedesh, who is Special Counsel in regards to this matter, earlier this evening, but it was his understanding based on the conversation they had at the last Closed Session Agenda. Mayor Failace said there is certainly nothing in the resolution. Borough Attorney Coughlin said he understood that and read it, but his concern was adopting a resolution in Closed Session initially, but he indicated it was going to be court ordered to do so The record would become public. Council President Gutowski made a motion to go into closed session. Borough Attorney Coughlin said he wouldn't. He would just recess. Councilmember Crilley said the resolution doesn't specify any of the terms. Borough Attorney Coughlin agreed completely. Mayor Failace said it says the terms ofthe settlement have been sealed by the court. Borough Attorney Coughlin said he agrees with everything every one has said. He also recalls the conversation that it was recommended that they vote on the resolution in closed session and he had asked how did they do that. It was his understanding that it was to be court ordered. Mayor Failace said in the last paragraph it states we voted upon it in closed session. Borough Attorney Coughlin said he didn't have a problem with it He said they would never get in trouble for doing it, unless it is court ordered and we will be held in contempt To vote on the resolution in open is certainly appropriate. It is extraordinary, in fact on it's face contrary to Council President Gutowski said it's saying that we voted in closed session on the settlement and now we are approving that he could go ahead and settle it. Borough Attorney Coughlin said he agreed that was what the resolution said, but at the risk of being tedious, it was his recollection that the resolution was to be adopted in closed pursuant to a court order. Councilmember Mancuso asked if anyone could take that docket number and go to court and get the filery Mr. Hedesh, from the audience, stated that the docket number was never put on the record. If anyone went and got the docket number, they could not get the number. 3 Borough Attorney Coughlin said it was his understanding, they had a conversation, that this resolution was to be adopted in closed session pursuant to court order. Mr. Hedesh said this resolution should be adopted in open session, but the amount should be approved in closed session. FEBRUARY 9, 1999 Kately v. Borough of Carteret Continued FEBRUARY 9, 1999 Kately v. Borough of Carteret Continued RESOLUTION #99-64 Kately v. Borough of Carteret - Approval of SettleI!1ent Adopted ADJOURNED Borough Attorney Coughlin said he was more comfortable adopting a resolution in open session. Mr. Hedesh said that is why the resolution is generically written. Councilmember Mancuso asked if they would answer his question. Borough Attorney Coughlin said the answer to that question is because the numbers wouldn't be reflected in the file. Councilmember Mancuso said his question was if somebody had the docket number could they go ask for that docket number. Mr. Hedesh said absolutely, but the numbers aren't in the docket. When it was put on the record that day for a transcript, the number was not even there. That's why they were going to require that a release be sent with the number. The terms and the amounts are not on the record. There is an order of dismissal that will be sent. RESOLUTION #99-64 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and O'Brien RESOLUTION #99-64 "APPROVING SETTLEMENT - KA TEL Y v. BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso, O'Brien and Quinones voted in the affirmative There being no further business or discussion, upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, the meeting was adjourned at approximately 6: 15 P.M. Respectfully submitted, SUSAN E. JACKL Assistant Municipal L,