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HomeMy Public PortalAbout1999/12/16 The Regular 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 16 1999, Municipal CourtJPolice Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Council member Patrick Crilley " Jack Fazekas " Stanley Gutowski " James Mancuso " Remy Quinones Noted absent was Councilmember James O'Brien. Also noted present was Borough Attorney Craig J. Coughlin. 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 December 9, 1999, 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. Upon MMS&C, by Councilmembers Gutowski and Quinones and unanimous affirmative vote of the five (5) Councilmembers present, the minutes of December 2, 1999 were approved as transcribed and engrossed by the Clerk. Mayor Failace said the House Decorating Contest was held this week and Beverly Hedesh went around with the Recreation Committee and three buses of Seniors. Beverly Hedesh said there was some discrepancy about the winners because some people felt that people who won last year shouldn't be allowed to participate this year. She said she didn't think that was fair. They put a lot of time and effort into it and everyone has the right to participate and win. She explained how the houses are picked. She said it was very fair. She presented following winners of the House Decorating Contest with Shop-Rite gift certificates: 5th Place - $100.00 The DeBella Family - 34 Stima Avenue 4th Place - $150.00 - The Reisen Family - 34 Linden Street 3cd Place _ $200.00 - The Hodroski Family - 39 Christopher Street 2nd Place - $250.00 - The Michaels Family - 2 Buchanan Street 1st Place _ $300.00 - The Rodriquez Family - 21 Harrison A venue 1 Mrs. Hedesh wished everyone a Happy Holiday and safe New Year. DECEMBER 16, 1999 COUNCIL HEElING ROLL CALL PRAYER, PLEIX;E OF ALLEGIANCE STATEMENT OF MEETING NOTICE MINUTES FOR APPROVAL PRESENTATION: House Decorating Contest DECEMBER 16, 1999 House Decorating Contest Presentation Continued AGENDA AMENDED MEETING OPENED Public Input on Resolutions MEEIING CLOSED RESOLUTION #99-392 Certifying Captain James V. Hojecki Adopted RESOLUTION #99-393 Certifying Lieutenant Robert L. Talalai Adopted Mayor Failace thanked Mrs. Hedesh and the Recreation Commission and to all who entered into the contest. There are some beautiful houses. He asked Mrs. Hedesh if there would be a listing of all the houses that entered. Mrs. Hedesh said she would have Mr. Kately put the winners on the bulletin board. Mayor Failace suggested that she put a list at Borough Hall for people who are interested in seeing all the houses. Upon MMS&C, by Council members Quinones and Fazekas, the agenda was amended to move Resolutions #99-392, #99-393 and #99- 394 Certifying the Police Lieutenants and Captain, along with the Oaths of Office. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative to amend the agenda. Councilmember O'Brien was noted absent. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on Resolutions #99-392, #99- 393 and #99-394. There being no comments or objections to the Resolutions from the pubic, upon MMS&C, by Councilmembers Gutowski, and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was closed to the public. RESOLUTION #99-392 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #99-392 "CERTIFYING JAMES V. HOJECKI TO THE POSITION OF POLICE CAPTAIN IN THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-393 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Quinones RESOLUTION #99-393 "CERTIFYING ROBERT L. TALALAI TO THE POSITION OF POLICE LIEUTENANT IN THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. 2 RESOLUTION #99-394 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Quinones RESOLUTION #99-394 "CERTIFYING DANIEL J. TARRANT TO THE POSITION OF POLICE LIEUTENANT IN THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. Police Commissioner Gutowski administered the Oaths of Office to: Captain James V. Hojecki Lieutenant Robert L. Talalai Lieutenant Daniel J. Tarrant Captain Hojecki thanked many people. He commended the Police and said people don't know how good these cops are. Lieutenant Talalai thanked everyone for being here and supporting them. Thanked the Mayor, Council and Police Director for their support in the last few months. He also thanked his family. Lieutenant Tarrant also thanked everyone that was there and all who voted for him. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the five (5) members present, the meeting was recessed for five (5) minutes. Upon individual roll call vote, Councilmembers Crilley, Gutowski, Mancuso and Quinones were noted present. Councilmembers Fazekas and O'Brien were noted absent. The Clerk stated that Ordinance #99-35 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on December 2, 1999. It was duly published in The Home News Tribune on December 7, 1999, with notice that it will be considered for final passage after Public Hearing to be held on December 16m 1999 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 Gutowski and Quinones and unanimous affirmative vote of the four Council members present, the Mayor declared the Public Hearing to be open: DECEMBER 16, 1999 RESOLUTION #99-394 Certifying Police Lieutenant - Daniel Tarrant Adopted OATHS OF OFFICE Police Capt.Hojecki Police Lt.Talalai Police Lt. Tarrant Corrments Five Minute Recess Meeting Reconvened ORDINANCE #99-35 Evaluation of Sewer System Public Hearing DECEMBER 16, 1999 ORDINANCE #99-35 Public Hearing Continued Andrew Tarrant, 4 Patrick St. said he didn't understand the ordinance itself and asked if a company has proposed to take over the sewer system and are they looking at a proposal? Mayor Failace said no. They are putting together a package with our engineers, auditing firm and counsel in order to go out for bids. By doing this investigation we will find if it is feasible to do that. Then they will go out for bid, but there is an interest already shown. The package basically says what we are looking for and what we need within this contract that would be entered into. Mr. Tarrant asked if it wouldn't be advantageous to the Borough and the taxpayers for the company interested in taking over the sewers to do the evaluation and then propose something to the borough and that at point, the Borough would then review the proposal, instead of expending $75,000? Councilmember Gutowski said that IS basically what IS gOIng to happen. Mayor Failace said if and when they choose to do this, the company that gets the contract, pays for what we are doing now. Mr. Tarrant asked what happens if the company doesn't take it? Mayor Failace said it's not if they don't take it, it's if the Borough chooses not to go that route. If they feel it's not advantageous to Carteret, than we eat what we spend. Mr. Tarrant said the newspaper said the taxpayers and the borough would receive millions of dollars in fees. Mayor Failace said not necessarily. There is a possibility. Other towns have received a concession fee in the amount of two or three million, but we don' know if that will happen. That's all through this process that we will find this out. Mr. Tarrant said basically, the taxpayers will pay a fee and any money that comes back to the borough from the company that is servicing the sewers is basically coming from the taxpayers anyway. Mayor Failace said right now there are 8-10 million dollars worth of sewer projects to do. We have to look at something. If this is good for us, we save that money. Mr. Tarrant said the borough has spent over $30,000,000 over the last ten years on the sewers. Mayor Failace said about $20,000,000 13 years ago. Mr. Tarrant said he would hate, after completing all our sewer projects, to turn it over to another company and they being able to dictate fees to the taxpayers. 4 Mayor Failace said it is all done in front. Before we enter into a contract, we know what our taxpayers will have to pay for the next 20 years. He said he didn't know if it was advantageous or not. Mr. Tarrant said he spoke to someone in Perth Amboy and they were able to get a figure for 5 years, not 20 years. Mayor Failace said he was told they could do if for 20 years. An Attorney from McManimon & Scotland said Perth Amboy had no rating for 5 years and a fixed rating for 15 years, but they know what they are. Mayor Failace said it is negotiated in the contract. Mr. Tarrant said having worked in the borough as a police officer, his feelings about privatization are the people working for the sewers are the only people who actually know where the sewer lines are. Guys are digging holes and missing pipes. Mayor Failace said those people will still be part of it. Either still working for the borough or working for the company that takes over the sewer. They will still be involved in it. No one is going to lose a job. Councilmember Crilley said they weren't going to tell those employees they no longer work for the borough, but now work for the XYZ Company. Mr. Tarrant said he knows how privatizing works. Councilmember Crilley said they weren't forcing anybody out. Mr. Tarrant said he was just thinking of someway to save the $75,000 and the people who want to take over the sewer system do the evaluation. Mayor Failace said they were hoping by doing this they would save the town a ton of money. If we don't, they have to get 8 to 10 million from somewhere and they are trying to be creative in doing this. If it goes through it will be more than worthwhile. Mr. Tarrant said he just felt if it was going to be that worthwhile, the company that wants the sewers would come in and do the evaluations. John Sudia, 40 Cypress St., asked if the Councilpersons-Elect been involved in any discussions about this privatization? If not, he suggested they hold this action over until they can be involved. Mayor Failace said they discussed it at two Agenda Meetings. Mr. Sudia asked with the Council-Elect present? Mayor Failace said absolutely. Mr. Sudia said he felt the Councilpersons-Elect should have the right to vote on this. 5 Mayor Failace thanked Mr. Sudia. DECEMBER 16, 1999 Public Hearing Ordinance #99-35 Continued DEC~iliER 16, 1999 ORDINANCE #99-35 Evaluation of Sewer System Continued Adopted Corn:nents ORDINANCE #99-36 Salary Ordinance - School Traffic Guards Upon MMS&C, by Councilmembers Gutowski and Mancuso ORDINANCE #99-35 "ORDINANCE APPROPRIATING $75,000 FROM THE RESERVE FOR SEWER IMPROVMENTS FOR CERTAIN PRELIMINARY EXPENSES ASSOCIATED WITH THE EVALUATION OF THE SEWER SYSTEM FOR POSSIBLE PRIV A TIZA TION THEREOF AND CERTAIN IMPROVEMENTS THERETO IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY" was finally adopted. Upon individual roll call vote, Council members Gutowski, Mancuso, and Quinones voted in the affirmative. Councilmember Crilley voted no. Councilmember Fazekas abstained. Council member O'Brien was noted absent. Approved and adopted: December 16 1999 Introduced: December 2, 1999 Advertised as adopted on First Reading With notice of Public Hearing: December 7. 1999 Hearing Held: December 16. 1999 Approved by: Mavor James A. Failace Advertised as finally adopted: December 21. 1999 Councilmember Crilley said he understood about spending the $75,000, but there is a procedure that has to be followed that was explained to the Council by Bonding Counsel at the two Agenda Meetings. Unfortunately, it's the only way to achieve the goal they are trying to achieve. After spending $20,000,000 there are still huge problems with the sewer system. He had a letter from DEP reminding them they still had problems with the sewer that must be corrected. However, the object of this program is to save money. His own personal belief, and he hopes he is wrong, is he doesn't believe that this will save the borough money in the long run. He gave an example and he said he didn't think it was possible. He voted no. Councilmember Mancuso said if they don't do it the $10,000,000 has to come from someplace. If they don't do it they will be fined, which means the only place the money is going to come is from taxes going up. He thinks its worth while to spend $75,000 and save $10,000,000 and have the sewers fixed. If anyone is interested there is literature available on several towns that have done it and not one of them is disgruntled. He voted yes. The Clerk stated that Ordinance #99-36 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on December 2, 1999. It was duly published in The Homes News Tribune on December 7, 1999 with notice that it will be considered for final passage after Public Hearing to be held on December 16, 1999 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. 6 Upon MMS&C, by Councilmembers Gutowski and Quinones and unanimous affirmative vote of the five (5) 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 Gutowski and Crilley and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS&C, by Councilmembers Gutowski and Fazekas ORDINANCE #99-36 "AN ORDINANCE TO AMEND 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, Fazekas, Gutowski, Mancuso, and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. Approved and adopted: December 16. 1999 Introduced: December 2. 1999 Advertised as adopted on First Reading with Notice of Public Hearing: December 7. 1999 Hearing Held: December 16, 1999 Approved by: Mavor James A. Failace Advertised as finally adopted: December 21. 1999 The Clerk stated that Ordinance #99-37 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on December 2, 1999. It was duly published in The Homes News Tribune on December 7, 1999 with notice that it will be considered for final passage after Public Hearing to be held on December 16, 1999 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 Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: 7 There being no comments or objections to the Ordinance, the Mayor declared the public hearing to be closed upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present. DECEMBER 16, 1999 Public Hearing Hearing Closed Adopted ORDINANCE #99-37 Approving Revised Zoning Map & Amending Section 161-121 of the Code Public Hearing Hearing Closed DECfl1BER 16, 1999 Ordinance #99-37 Continued Adopted HEElING OPENED Public Input on Resolutions r1EETING CLOSED Upon MMS&C, by Councilmembers Gutowski and Fazekas ORDINANCE #99-37 "ORDINANCE APPROVING REVISED ZONING MAP OF THE BOROUGH OF CARTERET AND AMENDING SECTION 161-121 OF THE CODE OF THE BOROUGH OF CARTERET" was finally adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. Approved and adopted: December 16. 1999 Introduced: December 2,1999 Advertised as adopted on First Reading with Notice of Public Hearing: December 7, 1999 Hearing Held: December 16. 1999 Approved by: Mavor James A. Failace Advertised as finally adopted: December 21. 1999 A copy of each Resolution was placed upon the table for public review prior to the meeting in accordance with the Rules of Council and upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on all Resolutions. John Sudia objected to Resolution #99-389 because he feels the Council-Elect should have the opportunity to vote on this. Councilmember Crilley said this expense comes out of this year's budget, not next year's budget. It is the responsibility of this Council. Mr. Sudia said it was the last meeting of the year and it wasn't necessary to force this through now. Another month wouldn't hurt anything. Mayor Failace said that was Mr. Sudia's opinion. There being no further comments or objections to the resolutions, upon MMS&C, by Councilmembers Gutowski and Quinones and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the meeting closed. "k RESOLUTION #99-384 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Crilley and Fazekas RESOLUTION #99-384 "DIRECTING THE ISSUANCE OF BINGO LICENSES TO ST. ELIAS BYZANTINE CATHOLIC CHURCH, ST. ELIZABETH CHURCH H.N.S. AND ST. JOSEPH CHURCH" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-385 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Mancuso RESOLUTION #99-385 "PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-386 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Council members Mancuso and Fazekas RESOLUTION #99-386 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-387 was introduced by the Mayor and was referred to the Council for action. 9 Upon MMS&C, by Councilmembers Fazekas and Crilley RESOLUTION #99-387 "AWARD OF BID - HOLMATRO TOOL FOR FIRE DEPARTMENT" was adopted. Upon individual roll call vote, Council members Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent DECEMBER 16, 1999 RESOLUTION #99-384 Bingo Licenses Adopted RESOLUTION #99-385 Transfer of Surplus Funds Adopted RESOLUTION #99-386 Refund of Tax and/or Sewer Fees Overpayment Adopted RESOLUTION #99-387 Award of Bid - Holmatro Tool Adopted DECEMBER 16, 1999 RESOLUTION #99-388 Amending Short Term Disability for 2000 Adopted RESOLUTION #99-389 Authorizing Legal, Auditing & Engineering Services Re: Sewer Privatization Adopted RESOLUTION #99-390 Amending Resolution #99-325 Payment to Contractors Re: COAH Adopted Corrments RESOLUTION #99-391 Cancel Appropriation Balances Adopted RESOLUTION #99-388 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Quinones RESOLUTION #99-388 "AMENDING SHORT TERM DISABILITY BENEFIT PAYMENTS FOR THE YEAR 2000" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-389 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Mancuso RESOLUTION #99-389 "RESOLUTION AUTHORIZING CERTAIN LEGAL, AUDITING AND ENGINEERING SERVICES ADOPTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET" was adopted. Upon individual roll call vote, Council members Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. RESOLUTION #99-390 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Council members Gutowski and Mancuso RESOLUTION #99-390 "AMENDING RESOLUTION #99-325 REGARDING PAYMENTS TO CONTRACTORS PURSUANT TO (COAH) REGULATIONS" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. Mayor Failace said this is the COAH money that is being given to the citizens, not the developers. He thought this was great. RESOLUTION #99-391 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #99-391 "CANCEL APPROPRIATION BALANCES" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Council member O'Brien was noted absent. 10 RESOLUTION #99-395 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Crilley RESOLUTION #99-395 "RESOLUTION RESCINDING A PORTION OF RESOLUTION #99-382 AND AWARDING A CONTRACT FOR ASBESTOS REMOVAL ON AN EMERGENT BASIS" was adopted. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember O'Brien was noted absent. The Clerk stated that she was in receipt of application from the Knights of Columbs to amend RL#1577 by changing benefit fund. Upon MMS&C by Councilmembers Gutowski and Mancuso and unanimous affirmative vote of the five (5) Councilmembers present, the application was received and ordered to be processed. The Clerk stated that she was in receipt of a notice of public hearing from the New Jersey Division of Solid Waste to be held on December 16, 1999 in New Brunswick regarding Administrative Action to County's Solid Waste Plan - Rapid Transfer Station, Middlesex,New Jersey. Upon MMS&C, by Gutowski and Mancuso and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. The Clerk stated that she was in receipt of a Notice of Public Hearing from Bell Atlantic regarding area code relief in the 201/973 and 908/732 areas. Hearing to be held 12/15/99 and written comment period until 1/10/00. Upon MMS&C, by Council members Gutowski and Mancuso and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. Upon MMS&C, by Councilmembers Mancuso and Fazekas, all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote, Councilmembers Crilley, Fazekas, Gutowski, Mancuso and Quinones voted in the affirmative. Councilmember Fazekas was noted absent. 11 The Clerk stated that she was in receipt of the following reports: 1. Inspection of Buildings - November 1999 2. Sewage Collection System - November 1999 Upon MMS&C, by Councilmembers Gutowski and O'Brien and unanimous affirmative vote of the full Council present, all reports were ordered to be received and placed on file. DECEMBER 16, 1999 RESOLUTION #99-395 Asbestos Removal - Borough Hall Adopted APPLICATIONS: Knights of Columbus COMMUNICATIONS: N.J. Division of Solid Waste Bell Atlantic PAYMENT OF BILLS REPORTS: Departments DECEMBER 16, 1999 Standing Corrmittees Continued BUILDINGS & GROUNDS: Committee Member Fazekas said the buildings are all still there. The Library is in development and all the janitors are happy. FINANCE & ADMINISTRATION: Committee Chairperson Quinones congratulated Captain Hojecki and Lts. Talalai and Tarrant. The promotions were earned and very well deserved. Thanked the Mayor and Council for all the hard work they put in this year and for supporting her. She especially thanked the Mayor for giving her the opportunity to serve as the Chairperson for Fi nance and Administration. That department has had a successful year. We have been able to stabilize taxes and she thought they did a good job. She said with the help and hard work of Patrick DeBlasio we will be able to get some discretionary aid they thought they wouldn't be able to get. She said the most successful achievement of this year was bringing Nicholas Goldsack, the Business Administrator on board. Most people who have had the opportunity to meet him will agree that he will certainly assist us in moving this borough forward and she is happy to have him here. She would certainly like to thank everyone that she has worked with. All of the members of Kathy's staff and certainly Kathy, John Riggio and his staff and Tony Niebert and his staff as well and all of the men and women at the annex who have conducted themselves effectively and efficiently regardless of their personal political affiliation. That is something she has appreciated. She wished everyone a safe and happy and healthy holiday. FIRE: Committee Chairperson Fazekas thanked FMC Corporation for donating equipment. They have been very active in the community. On December 11th they conducted a confined space drill with both volunteer and career firefighters and that was very successful. He congratulated both departments for doing that. During the past month there were 47 calls. Three of them were mutual aid calls. When manpower is available on First Response, there was 8 of them in the past. It is in conjunction with the First Aid and it is a very worthwhile program. He congratulated the officers that were promoted. He thanked everyone that made this year possible, both the career and volunteer and those members that served in First Response. He wished everyone a happy and healthy holiday. With that, moving right along. PARKS & RECREATION: Committee Chairperson Crilley thanked all those that expressed their sympathy for the recent loss he had in his family. He thanked the Recreation Committee. As a group of people, diverse in political and gender affiliation that come together and volunteer many hundreds of hours per year and put on programs for this town out of the generosity of their heart. They do a fantastic job. He thanked Beverly Hedesh for doing a great job and the people of this town can't thank her enough for her time and effort that she puts in for the town. Both the House Lighting Contest and the Tree Lighting were jobs well done. There were a lot of people. The tree in the park was decorated by Mr. Kately and his crew and it looks very nice. He thanked them. He congratulated Lts. Talalai and Tarrant, Captains Hojecki their promotions. He wished everyone a happy and healthy holiday. 12 DECEMBER 16, 1999 BOARD OF EDUCATION: Committee Chairperson Crilley said, with regard to the lease-purchase, he hasn't been around or to the meetings. He does know that the finance committee is going back to Trenton and are confident they will get the approvals. He said he thinks they should go forward with this. Especially the Nathan Hale School portion of the project. He would like to see them go through with the High School portion of the project also. He said he would like to see more talks between the Council and the School Board before they expended it. He would like them to talk about what their future plans are. They are going to try and sit down with the School Board in January and go over these things. He reported progress. Standing Corrmittees Continued PUBLIC WORKS: Committee Chairperson Mancuso said they have a grant for $76,000, it's a loan with no interest over a ten year period. It will come in handy for the underground tank removal. They are putting in a new gas pump. He congratulated the officers that were promoted. Since this is his last meeting, he thanked the people in the audience for participating. That's what we need. Whether they are for or against an idea, they take the interest in being here and speak their piece. He will be in the audience and speak his piece. He thinks the Mayor and Council have done a wonderful job. He thinks all the departments in town do good work. He hopes the Council and including the new Councilmembers stay on the road they are. He appreciated the opportunity for being here and he wishes the new Councilmembers success in what they will do. He thanked everyone for allowing him to be up there. He reported progress. 13 POLICE: Committee Chairperson Gutowski said he hadn't planned on saying anything this being the last official meeting of this Council. He thought the Police Department is in good hands and moving right along. The morale seems to be improving. Over the past week some things have come his way and he would like to address them. Basically, the history of how they got to where they are today. The Director has asked for a job evaluation of his performance since his has been here since May 1st. Most of you know what went on here before the Police Director came here. The first thing a former Council tackled was a very controversial police ordinance that created the position of Police Director. It did a lot of other things, but it didn't do anything. He remembers a police officer saying they were going to get him and a lot of people have told him they certainly got him. That's okay, because he got them and this Council got them. We got them a work atmosphere that is pleasurable. There is no controversy, no strife, no turmoil, no threats, no intimidation from the administration. We hired someone to come in and help us because we weren't professionals. Much to the chagrin of many, he did a good job. He made some recommendations. He came in here with the title given to him by some, as a hitman. Well, the only ones he hit were the ones that needed to be hit. The officers were the ones who told us what the problems were and to deal with them. Mr. Stowell helped us deal with those problems and he appreciates that. He called Mr. Stowell and thanked him and told him it was a pleasure working with him. When he said before they got him, well that was political. People win and lose elections. He also said he got them. It wasn't exactly him, but members of the Council that got them. They got them a new Police Director. An administration that cares for them and seeks their input. That treats them equally and as human beings and gives them an opportunity for advancement. DECfl1BER 16, 1999 Standing Corrmittees Continued POLICE Committee Chairperson Gutowski said this new Director is giving the officers opportunities they haven't had. For example, the County Task Force, a number of officers are going. They weren't chosen because of friendship, or political persuasion, but by qualifications. He sought the input of his Captains and Lieutenants and asked for applications and resumes from individuals and that is how it was decided who went. That is a good thing. The former administration had disassembled their lunchroom and now they have it back. We got this for them. He said he had given orders to the former deputy chief, whose name he refuses to mention, to put everything back and his orders were ignored. The new Director took care of it. He said the Director cares for the department. He said this Council has fought for the police. They have had their disagreements. Everyone will disagtee over promotions, demotions and contracts. Nobody is going to change what happened. They have fought for police officers. He spoke abOut two officers and how he tried to keep an incident out of the papers. He spoke of the two officers that were on disability retirement and are now coming back to the department. He had a disagreement with them and would have a disagreement with anyone who thinks they should be treated special. He feels this Council did right by the department. There are a number of individuals that don't agree, but you can't please everyone. He spoke to the Director and said there were a lot of people who doubted him and he wasn't the first choice, but he knows the Council made the best choice. It has been a pleasure working with him. The Director is a fair individual and doing a good job for the department. He told him to keep up the good work and he appreciates all he has done for him and with him. With that all said, there were a couple of things that came by him that were very disturbing to him and the members of the Council. Correspondence came from the P.B.A. that has to do with the promotions they made tonight. He said the letter was addressed to the Mayor and Council and carbon copied to the Police Director, Veteran's of Foreign Wars, Catholic War Veterans, American Legion and Disabled War Veterans. He read the following: "Dear Mayor and Council: Even with the recent promotion of Sergeants to the pOSItIOn of Lieutenants, there are still two openings for the position of two Lieutenants in the Patrol Division. The crew assignments for the year 2000 have two Sergeants assigned to the 9 PM and 7PM shift. The 5PM to 3AM shift has one Lieutenant and no Sergeant assigned. This will probably cost the taxpayers approximately $25,000 in overtime. By assigning one of the Sergeants from the 9 PM to 7 AM shift to the 5 PM to 3 AM shift and promoting a Sergeant to the position of Lieutenant, you will save the taxpayers approximately $15,000.00 in overtime cost." Council President Gutowski said he understood that was the PBA President's opinion. He feels they should have 7 Lieutenants. The Police Director feels that 5 Lieutenants at this time are sufficient. What irked him is the following paragraph.d 14 Council President Gutowski continued reading the letter: "I would like to inform you that the three remaining candidates on the Lieutenants list are Vietnam Veterans and one of them is a Disabled Veteran. By not promoting any of them, maybe a violation of 38USC4212 of the Vietnam Veterans Readjustment Assistance Pact of 1974, which states "prohibits job discrimination and requires affirmative action to employees and advance in employment, qualified Vietnam Veterans and qualified Special Disabled Veterans. Violation of this act could cause the taxpayers monetary loss and fines and loss of federal grants and funds." He said they just promoted two Sergeants to Lieutenant. They were numbers one and two on the list for promotions. The third on the list was a Vietnam Veteran. There is no veteran preference on a promotional list. For patrolman, on the initial appointment list, veterans go to the top of the list. A Disabled Veteran, on the initial appointment list, cannot be passed over. It was concluded, at this time, by the Administration, only two Lieutenants should be appointed. They haven't discriminated against anybody. They haven't denied anyone their rights. If they had decided to go with more Lieutenants, that next person on the list would have been appointed. To send this letter to the veteran organizations is ludicrous, in his opinion. He would have loved to see a letter sent to those organizations stating how this Mayor and Council saved the borough $100,000 to $150,000 in overtime costs this year. They have not, nor will they discriminate against anyone. Council President Gutowski said a letter came into his possession, also from the Police Benevolent Association. It wasn't addressed to him. It was addressed to Jeffrey Pino, who was a member of the Honorary PBA. For years there has been political strife in this town. There have always been arguments and discussion about politics. The Police Department has gone through a lot. The former administration and the former members of Council did a lot to destroy and hurt the Police Department. A lot of people have come and gone, but what has happened here, to his knowledge has never happened before. He read a letter: "Dear Mr. Pino: Your name appeared on propaganda hand delivered to residents of Carteret regarding the Carteret Police Department. The propaganda nearly demoralized members of the Police Department, which mostly consist of PBA members. As a member of the Honorary PBA, you took an oath to promote the efficiency, moral and welfare of all members of the Carteret Police Department, Article 2 Purposes of the Constitution and By-laws of the Honorary PBA. This matter was brought forth to the membership at the November meeting and a motion was made to have you removed from the Honorary PBA. Of the twenty (20) members present, nineteen (19) voted to have you expelled from the Honorary PBA and one (I) abstained. Effective immediately, you are no longer a member of the Honorary PBA. A copy of this letter is being forwarded to Jack Engel, President of the Honorary PBA." 15 DECEMBER 16, 1999 Standing Corrmittees Continued POLICE DECEMBER 16, 1999 Standing Corrmittees Continued POLICe MAYOR FAILACE Library School Board Council President Gutowski said he spoke to Jack Engel and he spoke to a lot of other members of the Honorary PBA, who were basically appalled at what went down here. He spoke about the letter where the PBA accuses the Council of discriminating against a person's rights by not hiring a Vietnam Veteran. Who just got discriminated against? Because someone chose not to back a particular person or party, he is now discriminated against. It's sort of like the good old boys club. It's not right or fair. A lot of members of the Honorary PBA are disturbed by this. One of them asked him if he had to look over his shoulder and if he does something they don't like, wiJI they remove him? The Honorary PBA is a group of individuals that does good work for this town. They just recently donated two defribilators that cost $6,000. They are local businessmen who work hard and do a good job. He said he didn't believe anyone has ever been removed for these reasons. There have been many members of the Honorary PBA who didn't support what went on here over the years. He feels what has happened to Mr. Pino is not right or fair. Mr. Pi no made a choice to do what he felt was best. He hopes the PBA will reconsider, but unfortunately, according to the by-laws there is no recourse for reconsideration. They were the Judge and Jury. He again thanked Director Elg and members of the force for making this a relatively pleasant year. He hopes who ever follows him as the Police Commissioner and Appropriate Authority can have as much fun and spend as much time in the Director's office as he has. He wished everyone a healthy and happy holiday. Mayor Failace congratulated the new promoted officers. He knows they will do a good job. The Library was dedicated December 11 th and it was great. There were approximately 160 people there. It's gorgeous. Architecturally it's beautiful inside. That's only the beginning of what we want to do in town. He will talk more about what they have done and what they will do on January 2nd at the reorganization. He told everyone if they get a chance to walk through it. It should be open for business in a month and the other side shou]d be done around that time also. There was a nice article in the paper until the end when the person who ran for Mayor and was on the Council last year said there was raw sewage being pumped out of the basement. That's not true. The artesian well water that was in the elevator shaft has been pressure grouted and taken care of it. It has stopped. This person said the library wiJI fall down and she wiJI never go in the library. That's her loss. It may be one of the finest libraries in New Jersey. Mayor Failace said in reference to the School Board. He along with Councilmembers Gutowski and Mancuso went to Trenton to the Local Finance Board. They were gracious enough to allow him to speak. His problem with the School Board was he didn't like the way they did what they did. He told the Finance Board that the citizens were circumvented and weren't allowed to have a referendum vote, which probably would have failed, but it should have gone to the people first. That was the $7.8 Million Dollars. The day before the School Board added $3.8 Million Dollars. He didn't think the Local Finance Board appreciated that. He is not saying that he didn't think the schools need to be fixed, because they do. He just didn't like what they did and how they did it. 16 Mayor Failace said he, along with Council President Gutowski and Business Administrator Nick Goldsack had a meeting with the Board of Education and ironed out some things. He let them know exactly how he felt about other things and gave them what he thought was a good option, but they said it wasn't and explained why. A meeting is being set up with the Department of Education to talk with them. He would like to do everything in his power to help the School Board do what is necessary to fix these schools. He was told that they will do everything in their power not to increase the taxes and put the debt payment within the budget. If that is done, he can't complain, because it won't raise taxes, but he still didn't like the way it was done. If they can do it within the budget, that's wonderful. If they do jt with a minimal tax increase, he will support that. He has been told he has sold out and that is not true. He supports the citizens and taxpayers. He believes that work needs to be done. He also told them that they better put a very tight budget together for next year. He will go through that budget, along with the Council and the Borough Auditor and if they have to they will do the same thing they did before. Not because he is anti-education or that he want to take money away from the children, because he doesn't. He spoke about the budget cut this year and said it was a good cut. He will continue to meet with the Board of Education. If the lease-purchase is approved by the Local Finance Board, he would like to write a letter to the Board of Education to suggest trying to get the money from another source. He promised the citizens and the Board of Education that he will do everything in his power to work with them for the children. He also has to be accountable to the children's parents. He told the Board he knew they did everything they could to get special needs. This is a new Mayor and Council, he suggested they try again. He doesn't know if it will work, but he doesn't know unless they try. He will be more than happy to work with the Board and with citizens that want to go down. He said they should get two or three buses. They have talked about it for the last five years, let's do it. Maybe something will work out. He believes this is the right thing to do. He will stay on the Board of Education as much as he can to make sure what they do is cost effective for the citizens of Carteret. If it's done within the budget and it doesn't cost a large tax increase, how can anyone be against it. He knows the problem they have with taxes. This Council has tried to stabilize the taxes for the last three years and they have. To think that taxes will never go.... ..If they have to bond for the sewers, it will have to come from the taxpayers. He doesn't want to do that and he will look at every avenue before it is done. That is why they are spending this money now to look at it. Just maybe it will work. If it does, we move light years ahead. Mayor Failace thanked Beverly Hedesh and the Recreation Commission. They have certainly done many things to make the Governing Body look good. There were so many programs and he hopes next year they can give them more money to do more. 17 Mayor Failace thanked everyone for this year. The first year as Mayor was hectic, and he will go into that on January 2nd. It's a realleaming experience. As tough as he thought it was, it was a lot tougher. He wished everyone a Merry Christmas and a happy and safe holiday. DECEMBER 16, 1999 MAYOR FAILACE Board of Education Recreation Corrmission DECEMBER 16, 1999 MEElING OPENED Public Discussion Board of Education Library Board of Education Upon MMS&C, by Councilmembers Gutowski and Quinones and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was declared open to the public for discussion. SUSAN LOUFTY said she met with Dr. Vita and he asked her how could she be against repairs of the High School. She wished to clear it up. She is not against repairs She agrees with the Mayor that the High School needs to be repaired. What she doesn't agree on is the system that this Board of Education has taken. They have a 3cd lease- purchase. Mayor Failace said they have another bond referendum that has to be voted on twice. That's exactly what he wanted to work with them and talk to them about, maybe they can find a possibility that it doesn't have to be done. Ms. Loufty continued talking about the lease purchase by the Board of Education. She said she is against the way her group is being treated. They are being totally ignored and it isn't right. Mayor Failace said they would like to believe the Board of Education and he can only hope that it wi II be absorbed into the budget next year. He will have to look at it when the time comes. Councilmember Crilley said they did the last lease-purchase within the budget. He continued talking about the Board of Education. Mayor Failace said he blames a lot of the problems that we have on past administrations. JEFF PINO, 23 Swarthmore Drive, thanked the Mayor and Council for their vision and crowning achievement on the new facility for the library, on behalf of the Board of Trustees. It's shaping up real well. They will always be thankful to this Council for moving forward arid giving the town a great library, senior and community center. He believes it will be utilized to the fullest. They should be commended for their hard work and the tough stands they have taken. He personally thanked Council President Gutowski and Councilman Mancuso. They have served the town impeccably in their terms. He thinks the citizens of Carteret are losing two fine, hardworking individuals. They will be missed. They should be applauded for their hard work and dedication. He wished them all a happy holiday. ANDY TARRANT said this was conceming the lease-purchase and the way things are done. He felt the members of the Board of Education are being cheated of their ability to govern. Unlike the Council, they must make a budget and try to get it passed. He didn't think the Borough Council could make a budget and get it passed. Mayor Failace agreed. 18 Mr. Tarrant said if the Borough worked on the same restraint as the Board does and continued to bare bones their budget, he doesn't know how the Board can make the improvements needed. Where are they supposed to get the money. They are not going to be allowed to carry surplus, but sooner or later there has to be capital improvements. Mr. Tarrant said we have a beautiful library and our schools are falling down. He doesn't pretend to know the answer, but he doesn't think they can continue to bare bones cut the School Budget. He thinks they should get into negotiations with the Schoòl Board. Have a real capital surplus budget, that's not touched, so when a time comes when something goes wrong the funds are available. Nobody can deny we need schools. They are the heart and soul of the community. Mayor Failace said the Council didn't take anything out of the School Board's Capital surplus. Mr. Aleksandrich told him last night they had $564,000 in surplus. The Council did cut the budget on what they thought was fluff, but the School Board had every right to appeal it and they didn't. Councilmember Crilley asked Mr. Tarrant what did he think the increase was in the school board budget after the Council made their cut? Mr. Tarrant said 6%. Councilmember Crilley said it was 10 or 11 %. In three years, their budget went up almost 30%. The point is this, they will never hurt the kids or the education system. There is a tragedy going on in the school system. The schools are too overcrowded. The School Board needs to come out with a budget that identifies that. The budget they showed the Council didn't have that. They put in a 15% increase and it was cut between 10 and 11 %. Mr. Tarrant asked why they were against the lease-purchase. Councilmember Crilley said he wasn't against it. Mayor Failace said he is was just against the way it was done. We are afforded the luxury to bond and they are not. He was mad at them because they didn't come to the Mayor and Council in the beginning of the year to discuss this and ask us for some kind of help. He talked to Frank Parisi and he never said anything. He wants to help. If he could be part of the solution he would love to be. He will do anything they ask him to do to get the State to give them money for the children, because we deserve that money. He never said that the schools don't need work. He said what they did was circumvent the system from the beginning. When people think they are being duped, perception is 99% of what reality is. That's what happened. In 1994 the Board showed the people the schools. That wasn't done this time and it should have been. It could have gone to a vote, to a referendum and it could have gotten voted down, but at least they would have done everything possible. There's a difference doing it the way they are. Mr. Tarrant said his belief is when they are speaking referendum, they are talking time. These things need to be expedient. Mayor Failace said they had time. We're in December and they knew the end of last year. 19 Mr. Tarrant said the Council should know what needs to be done, so in the future they don't bare bones the budget. DECEMBER 16, 1999 Board of Education Continued DECEMBER 16, 1999 Board of Education Continued Gary Stowell, Esq. Honorary PBA Re: J. Pino Mayor Failace said he didn't bare bones their budget. He believes they gave them what was right. He has to look at two sides. He has to look out for the taxpayers. Mr. Tarrant said he pays a lot of taxes. Mayor Failace said we all do. He is still accountable to the citizens of the town. If he agrees with it, he has no problem telling the taxpayets. Mr. Tarrant said everyone is talking about the possibility of building Borough Hall. He hopes they will put the Borough Hall and a school on referendum and let the people choose between them. JOHN SUDIA congratulated the police officers on the promotions and in his opinion, our Police Department, past, present and future, is the best department in the state. He said at a past meeting it was noted that Stowell was no longer involved in the town and he sees that Mr. Stowell is on the bill list for another expenditure of $1,545.00. Mayor Failace said we are not appropriating any more money, but they still have to finish certain cases. Council President Gutowski said they hadn't severed ties with Mr. Stowell because he has to finish some work. That money comes out of the $15,000 that was already appropriated. Mr. Sudia said Mr. Stowell was expelled from the New Jersey Chief's Association. Mayor Failace said Jeff Pino was thrown out of the Honorary PBA too. Mr. Sudia said Gary Stowell sued the New Jersey Chief's Association and his appeal was denied for various reasons. He gave copies of the decision to the Mayor and Council. Mayor Failace said they hired a good man. Mr. Sudia said in his opinion Mr. Stowell was not a good man. Mayor Failace said maybe Jeff Pino can sue the Honorary PBA also. Mr. Sudia said Chris Elg has done a good job. He wished them all a Merry Christmas. Mayor Failace said he was appalled at what the Honorary PBA did to Jeff Pino's l't Amendment Rights. What he did he believed in. His name was on the bottom as Treasurer. He didn't write the information. He was just the Treasurer of the organization. It's abominable that they could do this to a good man. A very good man. He hopes he can sue them. If's a dirty shame. 20 There being no further business and discussion, upon MMS&C, by Councilmembers Gutowski and Mancuso and unanimous affirmative vote of the five (5) Council members present, the meeting was adjourned at approximately 9: 15 P.M.. Respectfully submitted, ,~9fj~ KATHLEEN M. BARNEY, ~ Municipal Clerk KMB/sj ~1 DECEMBER 16, 1999 ADJOURNED --------. DECEMBER 16, 1999 COUNCIL MEETING 22