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
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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.
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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.
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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.
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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.
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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