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Home My Public Portal About1997/04/03 The Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Peter 1. Sica at 7:30 P.M., in the Municipal CourtlPolice Facility, 230 Roosevelt Avenue, Carteret, New Jersey on Thursday, April 3, 1997. Upon individual roll call, the following were noted present: Councilmember Deborah Bialowarczuk John DuPont James Failace Jack Fazekas William Feingold Stanley Gutowski " " " " " Also noted present was Borough Attorney Craig J. Coughlin. The meeting was opened with a minute of silent prayer and the pledge of allegiance led by Mayor Peter 1. Sica. The Clerk stated that on March 27, 1997, 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 Failace and Gutowski and unanimous affirmative vote of the full Council present, the minutes of F ebrumy 3 & 6, 1997 were approved as transcribed and engrossed by the Clerk. 1 Mayor Sica said he considers this a real honor. This is a man who has served on various boards, specifically the Planning Board for 19 years. He doesn't think Mr. Toncic ever made a political decision. Everything he has ever done on there was from the bottom of his heart and what he thought was good for the welfare of the city of Carteret. He didn't think anybody had a better attendance record then Mr. Toncic. As far as he is concerned, Mr. Toncic is a pilar of the community. Anytime something is needed, you can count on Bill Toncic. At this time, he would like to present a plaque to Bill Toncic for his 19 year on the Planning Board. APRIL 3,-1997 COUNCIL MEETING ROLL CAli. PRAYER, PLE[X;E OF ALLEGIANCE STATEMENT OF MEETING NOTICE MINUTES FOR APPROVAL PRESENTATION William Toncic APRIL 3, 1997 ORDINANCE #97-10 Salary Ordinance Re: Fire/ Electrical Subcode Official First Reading ORDINANCE #97-8 Capital Improvement - Re: Equipment and Bulding Repairs Public Hearing Hearing Closed Adopted ,.~~,,' ORDINANCE #97-10 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held April 17, 1997, upon MMS&C, by Councilmembers Gutowski and Failace. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative for the adoption. ORDINANCE #97-10 "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" The Clerk stated that Ordinance #97-8 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Cm1eret held on March 20, 1997. It was duly published in The Home News & Tribune on March 25, 1997 with notice that it will be considered for final passage after Public Hearing to be held on April 3, 1997 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 Failace and Gutowski and unanimous affirmative vote of the full Council 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 Councilmembers Fazekas and Failace and unanimous affirmative vote of the full Council present. Upon MMS&C, by Councilmembers Failace and DuPont ORDINANCE #97-8 "AN ORDINANCE PROVIDING FOR EQUIPMENT AND BUILDING REPAIRS FOR THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROPRIATING $40,000.00 FROM THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH FOR THE COST THEREFOR" was finally adopted. Upon individual roll call vote, Councilmembers DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Councilmember Bialowarczuk abstained. 2 Approved and Adopted: April 3. 1997 Introduced: March 20. 1997 Advertised as adopted on First Reading with Notice of Public Hearing: March 25. 1997 Hearing Held: April 3. 1997 Approved by: Mayor Peter 1. Sica Advertised as finally adopted: April 11. 1997 The Clerk stated that Ordinance #97-9 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough ofCarteret held on March 20, 1997. It was duly published in The Home News & Tribune on March 25, 1997 with notice that it will be considered for final passage after Public Hearing to be held on April 3, 1997 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 full Council 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 Councilmembers DuPont and Failace and unanimous affirmative vote of the full Council present. Upon MMS&C, by Councilmembers DuPont and Failace ORDINANCE #97-9 "AN ORDINANCE AMENDING CHAPTER 109, ARTICLE 5 OF THE CODE OF THE BOROUGH OF CARTERET, ENTITLED "CONSTRUCTION CODES, UNIFORM" PROVIDING FOR THE WAIVER OF FEES IN CERTAIN CIRCUMSTANCES" was finally adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas Feingold, Gutowski voted in the affirmative. Approved and Adopted April 3. 1997 Introduced: March 20. 1997 Advertised as adopted on First Reading with Notice of Public Hearing: March 25. 1997 Hearing Held April 3. 1997 Approved by: Mayor Peter 1. Sica Advertised as finally adopted: April 1 I. 1997 APRIL 3, 1997 Ado¡¡>ted Con t. ORDINANCE #97-9 Amending Code of the Borough of Carteret, Chapter 109 Article 5 Construction Codes Public Hearing Hearing Closed Adopted APRIL 3, 1997 r1EETING OPENED Public Input on Resolutions MEETING CLOSED RESOLUTION #97-115 Rejecting & Authorizing Bid - Improvements to Leffert St. Adopted RESOLUTION #97-116 Appointing M. Frisch - Alternate Fire/ Electrical Subcode Official Adopted RESOLUTION #97-117 Liability Claim- Re: Osipovitch Adopted 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 full Council present, the meeting was opened for public input on all resolutions. Upon MMS&C, by Councilmembers Failace and Gutowski and unanimous affirmative vote of the full Council present, the meeting was closed. RESOLUTION #97-1 I 5 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-115 "REJECTING AND RE-ADVERTISING BID IMPROVEMENTS TO LEFFERT STREET" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-116 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-116 "AMENDING RESOLUTION #97-56 ALTERNATE FIRE/ELECTRICAL SUB-CODE OFFICIAL" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-117 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Council members Gutowski and DuPont RESOLUTION #97-117 "AUTHORIZING PAYMENT OF LIABILITY CLAIM DEDUCTIBLE" 4 was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Upon MMS&C, RESOLUTION #97-118 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers DuPont and Failace RESOLUTION #97-118 "DIRECTING THE ISSUANCE OF RAFFLE LICENSES TO ST. DEMETRIUS UKRAINIAN ORTHODOX CHURCH" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-119 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Feingold and Failace RESOLUTION #97-119 "AUTHORIZING PERSON-TO-PERSON TRANSFER OF A.B.C. LICENSE #1201-33-061-005 FROM: BOLIEB, INC. TO: EXIT 12, INC. was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Councilmember Bialowarczuk asked if everything was straightened out? Municipal Clerk Barney said this one didn't have a problem. RESOLUTION #97-120 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers DuPont and Failace RESOLUTION #97-120 "RESOLUTION AUTHORIZING THE ISSUANCE OF A 1997 AMUSEMENT DEVICE LICENSE" 5 was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. APRIL 3, 1997 RESOLUTION #97-118 Raffle License Adopted RESOLUTION #97-119 ABC Transfer - Bolieb, Inc. to Exit 12, Inc. Adopted Corrrnen ts RESOLUTION #97-120 Amusement Device License Adopted APRIL 3, 1997 RESOLUTION 1.'97-121 Amendment to 1997 Temporary Budget Adopted RESOLUTION #97-122 Refund of Tax and/or Sewer Fee Overpayment Adopted RESOLUTION ¡'fr97-123 Liability Claim - P.J. Sica Adopted RESOLUTION 1.-'97-124 Change Order - Abbott Contracting Re: Sports Facility Adopted RESOLUTION #97-121 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-121 "AUTHORIZING AMENDMENT TO THE 1997 TEMPORARY BUDGET" was adopted. Upon individual roll can vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affirmative. Council member Feingold abstained. RESOLUTION #97-122 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-122 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" was adopted. Upon individual roll can vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-123 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-123 "AUTHORIZING PAYMENT OF LIABILITY CLAIM DEDUCTIBLE" was adopted. Upon individual roll can vote, Councilmembers Bialowarczuk DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-124 was introduced by the Mayor and was referred to the Council for action Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-124 "RESOLUTION APPROVING CHANGE ORDER" was adopted. Upon individual ron can vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. 6 Councilmember DuPont said it was a high change order, but there is nothing they can do about it. It has to go through. He voted yes. RESOLUTION #97-125 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-125 "RESOLUTION AWARDING A CONTRACT FOR LABORATORY SERVICES" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present, the agenda was amended to include Resolution #97-126 Authorizing Bid for Lease of Real Property.. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present, the meeting was opened for public input on Resolution #97-126. Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was closed. RESOLUTION #97-126 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #97-126 "RESOLUTION AUTHORIZING BID FOR LEASE OF REAL PROPERTY" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. 7 APRIL 3, 1997 RESOLUTION #97-125 Garden State Laboratory, Inc. - Industrial Discharge Adopted Agenda Amended MEETING OPENED ~tEETING ClDSED RESOLUTION #97-126 Authorizing Bid for Lease of Real Property Adopted .,Yo': APRIL 3, 1997 t,·",j>:> PAYMENT OF BILLS Upon MMS&C, by Councilmembers Failace and DuPont, all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. COMMUNICATION City of South Amboy The Clerk stated that she was in receipt of a resolution rrom the City of South Amboy concerning legislation supporting state reimbursement for totally disabled veterans. Upon MMS&C, by Councilmembers Failace and DuPont and unarumous affirmative vote of the full Council present, it was ordered to be received and placed on file CO~ll'1UNICATION NJ TRANSIT The Clerk stated that she was in receipt of a Notice of Public Hearing on April 23, 24 and 28, 1997 at various locations from N.J. Transit concerning Senior Citizen and Disabled Resident Transportation Assistance Act. Upon MMS&C, by Councilmembers Failace and DuPont and unanimous affirmative vote of the full Council present, it was ordered to be received, placed on file and a copy posted on the bulletin board. CONMUNICATION STV, Inc. The Clerk stated that she was in receipt of a communication from STV, Inc. concerning a notification of application submitted to NJDEP, Re: Amoco extension - Colonial Pipeline. Upon MMS&C, by Councilmembers Failace and DuPont and unarumous affirmative vote of the full Council present, it was ordered to be received and placed on file. REPORTS Departments The Clerk stated that she was in receipt of the following reports: 1. Clerk's Office - March 1997; To Treasurer: $1,058.80 2. Fire - February 1997 3. Welfare - February 1997 Upon MMS&C, by Councilmembers Failace and DuPont and unanimous affirmative vote of the full Council present, all reports were ordered to be received and placed on file. Standing Committees Buildings & Grounds Sewer User Fee BUILDINGS & GROUNDS: Committee Chairperson Bialowarczuk reported progress. She said she would like to ask one or two questions and make a comment. Councilmember Bialowarczuk said two weeks ago, on the Sewer User Fee Ordinance, where the use of the words "User Fee" was dropped...... 8 Borough Attorney Coughlin said they deleted the portion of the ordinance that provided for the dedication of the Sewer User Fee or the administration of the Sewer User Charge. Yes. Councilmember Bialowarczuk said which makes it a tax. Borough Attorney Coughlin said it's not a tax. Councilmember Bialowarczuk said once you take "user fee" off, it becomes a tax. She has asked and it becomes a tax. Borough Attorney Coughlin said he wasn't sure what she meant. Councilmember Bialowarczuk said several Councilmembers sat up here and told the public that they could now write it off on their income taxes. They were giving them something back. Borough Attorney Coughlin said he wasn't sure of that. He asked her what did she mean.....they can (inaudible) as a tax. Councilmember Bialowarczuk asked if it's not a user fee, what is it? Borough Attorney Coughlin said he didn't know if there was anything that said it wasn't a user fee. He thinks the ordinance was dedicated for a specific purpose pertaining to the nature of what the payment was. Councilmember Bialowarczuk asked what is it a fee for? Borough Attorney Coughlin said the sewer user charge. We deleted the language, just the phrase. What we did was we deleted the clause which dedicated the funds for the administration of the sewer user fund, which, he submits, wasn't what it was intended to do anyway. However, whatever the ordinance said isn't what they were doing with it any how. I-lis understanding of what was intended by that provision was that it was to be used for capital improvements. That's not what the ordinance said in the first place. In the second place, he thinks that the deletion of that doesn't change the essential nature of the payment. Councilmember Bialowarczuk said the deletion of the words user fee? Borough Attomey Coughlin said it was more the deletion of those words. Councilmember Bialowarczuk asked what does it mean once you take those words away? Borough Attorney Coughlin said perhaps what he is having difficulty understanding is....... Council member Bialowarczuk said !Tom her understanding, once you take the words user fee away, it becomes a tax. Borough Attorney Coughlin said they only took away once section. He's not sure, for example, if in another section it's called a sewer user fee. That hasn't changed. Councilmember Bialowarczuk asked how could it mean two different things. 9 Borough Attorney Coughlin said he didn't know if they intended to change the meaning, nor does he think they did change the meaning. APRIL 3, 1997 SeVler User Fee Con't. APRIL 3, 1997 Se\¡er User Fee Can't. Councilmember Bialowarczuk said she has a big problem with it. From her understanding once you take the words out of there it becomes a tax and you need permission from the State to get a new tax. Which we didn't do. The second part is they did sit up here and tell people, just as much, that they could write it off on their income taxes. They can't do that. We're going to have people in the Borough thinking now they can write it off come next December and it's illegal. They can't do it. Borough Attorney Coughlin said again, he didn't think the deletions to the ordinance which earmarked the funds for a specific purpose changes the essential nature of what the payment is. Secondly, he doesn't presume to speak for whichever Council people she indicated are speaking, but he thinks that is really an extension of what happens in the event that money is taken £Tom the surplus and put into the general revenue and, therefore, would be in the nature of property tax relief by reducing of the tax, so to speak. He doesn't know, he doesn't recall specifically what it is that the Council people she referred to said. So, it's probably not appropriate for him to attempt to comment on it. Councilmember Bialowarczuk said that they were giving something back to the people She has received a lot of phone cans after that meeting. "Well, I'm writing it off on my income taxes". Wen, they can't write it off on their income taxes. Most people don't understand what was done or how it was done. Ifit's not a user fee, what is it? You took those words away. What is it? Borough Attorney Coughlin said he wasn't wiJIing to concede that it's not a user fee. Councilmember Bialowarczuk asked why? Because the words aren't there anymore or because the words are in there somewhere? Borough Attorney Coughlin said they are in there. Mayor Sica asked the Borough Attorney to make a report on it. Just what it entails now. What the intent of it is and how it's going to work. Does it become a tax if the surplus is then put into general funds. Then it becomes a tax by virtue of putting it in the general fund. He again asked the Borough Attorney to make a report on it and explain the whole thing. Councilmember Bialowarczuk said she thinks they have to make it clear to the people that they can't write it off. Mayor Sica said they had tried that and were turned down. Councilmember Bialowarczuk said because they will get audited and be fined. Borough Attorney Coughlin said he felt that was an issue more appropriate for their accountants. Councilmember Bialowarczuk said no. She thinks it's their responsibility to the people if we change something we make it absolutely clear as to whether it's a tax or a fee. Whether they can write it off or they can't write it off. We're supposed to be here for the people of Carteret. Bottom line for the Borough Attorney is he's not so much protecting the people up here, he's protecting the people of the Borough of Carteret. They should have that specific answer. Can they write it off or can't they write it off. Are they going to have a problem down the road or aren't they going to have a problem. 10 Mayor Sica asked if it goes into the general fund, does it then become a tax? (Inaudible) circumvents the tax law. There's only one tax that the State of New Jersey allows you to make and that's (inaudible) tax. Anything else is illegal. We couldn't pass a Carteret Sales Tax or a Carteret Income Tax. He asked the Borough Attorney to look at it and give them an answer at the next Agenda Meeting. FINANCE & ADMINISTRATION: Committee Chairperson Failace said they haven't received anything back on the budget yet. We are waiting patiently. He would certainly like to know who up here said that this is a tax and you could take it off your taxes. He thinks that would be ludicrous if someone did say that. He doesn't recall that being said at any meeting. He reported progress. FIRE: Committee Chairperson Fazekas said they are moving right along in the Fire Department. PARKS & RECREATION: Committee Chairperson Gutowski said he spoke with Mr. Kolibas today and the guys in the Parks Department are going to cut trees until the end of this week. They are working on the baseball fields since our leagues are starting up next week. A new fence was installed at the Knights of Columbus field. As of further notice, the Grant Avenue baseball field will be closed. Mr. Kolibas was down there inspecting it the other day and there are a number of sink holes that have appeared since they put the sewer lines in there last year. He is going to install an orange snow fence and not allow anyone to play on the field until they get a better chance to look at it He reported with that Parks is moving right along. POLICE: Committee Chairperson DuPont said they have their next Police Committee Meeting on Wednesday, April 9, 1997. He also set up a meeting with the Housing Authority for next Friday to discuss additional way the department can work the Housing Authority to make (inaudible) a little more efficient One thing he was to get working on is a Bike Patrol. They are moving along there. 11 Councilmember DuPont said one thing he wanted to say on the Sewer User Ordinance that he thinks Councilmember Bialowarczuk misunderstood is that he, nor any other Councilmember up here, said they could write the sewer fee off on their taxes. He didn't know if it was a misunderstanding or (inaudible). He reported progress. APRIL 3, 1997 Sewer User Fee Con't. Finance & Administration Fire Parks & Recreation Police :.,.>,:...... APRIL 3, 1997 . ,h) Public ¡-larks PUBLIC WORKS: Committee Chairperson Failace said he spoke to Mr. Surick about the Public Service problem with the streets that have been dug up and he advised that we should get together with Mr. Parmar, the Engineer, and see if we can detail each and every piece of property that was dug up so we can get back to Public Service. He also asked iVIr. Swick to go out and drive through the whole town and detail every street, because we certainly have a problem with our streets. They need a lot work. To detail them and prioritize them in order that we can sit down as a Council and discuss what we have to do and how we are going to do it. He reported progress. ~1unicipal Garage Services MUNICIPAL GARAGE SERVICES: Committee Chairperson Feingold reported progress. MYOR MAYOR: Mayor Sica read the following proclamation: Proclamation NATIONAL LIBRARY WEEK APRIL 14-19, ]997 WHEREAS, the CaI1eret Free Public Library joins libraries throughout the United States of America in celebrating National Library Week April 14 through April 19, 1997; and WHEREAS, the Carteret Free Public Library supports providing recreational, informational and educational services to the community; and WHEREAS, the Carteret Free Public Library's goal is to foster the love of reading in young children and providing the resources for readers to fulfill their lifelong reading needs; NOW, THEREFORE, I, PETER 1. SICA, MAYOR OF THE BOROUGH OF CARTERET do hereby proclaim NATIONAL LIBRARY WEEK APRIL 14-19, 1997 in the Borough of Carteret. Signed and sealed this 3rd day of April, 1997 Peter l Sica, Mayor Borough ofCat1eret, New Jersey 12 Attest: Kathleen M. Barney, Municipal Clerk Mayor Sica said there were two other things he wanted to report on. Sunday is Disability Awareness Day at St. Demetrius. It's ITom 12:00 P.M. to 4:00 P.M.. He thinks it behooves everybody to go out and take a look at it and just see what these adults and kids, the handicap that they have, and they overcome it and go through life like that. They ask so little. On the other hand, he hears so many people complaining that they don't have any shoes until they see the guy that doesn't have any feet. It's a shame. If they just go there for an hour and see it, they will appreciate what they do have. He guarantees them that. 13 The other thing he wants to talk about is that stupid newspaper article today. That paper gets absolutely worse and worse every single time he picks it up. He made a statement one time on his television program that he used to buy a paper so he could put it under his ferret's cage What happened was his ferrets got constipated. He figured it out that it was because of the newspaper. What aggravated him about yesterday was that we have a young man that is missing in the City of Carteret and we are doing all in our power to try and see if we can't find him. He happens to be a symbol (inaudible). He goes down the river and fishes every day and he is a really good guy. We asked the State Police to come in and do some sonar testing out there to see if we could locate him. Perhaps he inadvertently drove his car off the end of the dock and drowned. Well, they happened to find an object down there that they felt was a car because they could feel a tire. Understand something, the river at that point is 34 feet deep and it's very treacherous. The tide really moves fast there. Well, they were successful in getting a sling around the column of the windshield and we attempted to pick the car up. There were some tense moments when that car started coming through the water. Fortunately, it was not that young man's car. It was a car that somebody had dumped in the river probably a couple of years ago, looking at the condition of the car. It was all full of mud and everything. He knows because he was on the end ofthe crane. As it came out ofthe water, we stopped because we knew that it was going to break loose and we tried to put another choker around the tire somehow, that if the one choker broke the other one might hold it. But we knew we probably would not be able to get it lifted out where we had it hooked. It was the only place we could possibly hook it. We continued to pick it up until it almost was completely out of the water and then we made sure there was nothing in it. Fortunately it was a hatchback and we never had to open the trunk. We could see there was just mud and debris in there and no person in the car. As we tried to get it completely out of the water, it broke loose and fell down into the water. At that point in time we didn't push it back in the water like that rag (newspaper) said or just let it fall back in the water. We have more brains than that. Ifwe could have got it out of there we would have got it out of there. At that point in time it was of no value to send those State Troopers back down in that 400 water to try and hook it up again because there was no place to hook the damn thing. It was vi¡1Uany impossibie to hook it. So we elected to wait until we start doing the dock and we are going out for bids on that marina dock in prabably 30 to 40 days. At that time when we tear the dock down and pull the pilings out we wi\l have a clam shell on the end ofthe crane and we win be able to pick the car up We didn't elect to throw the thing back in the water. We are not that stupid. Only that newspaper is that stupid. It makes it look like (inaudible) threw it back in the water. Instead of higlùighting the effort that everybody made there yesterday, they used the negative. APRIL 3,1997 r1ayor - Disability A\/areness Day ~1issing Person Search APRIL 3, 1997 PUBLIC DISCUSSION Five (5) Ninute Limit Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was opened for public discussion. Sewer Bill SOPHIE CHEREPON, 35 Van Buren Avenue told Councilmember Failace she was going home tonight to look at her sewer bill. She is pretty sure it says tax on it. Councilmember Failace said if it says tax, it always said tax because we certainly didn't change anything on the bill. Veteran Joseph Cherepon Ms. Cherepon said they were debating before and she is just saying what she sees when she gets the bill. She said she had a letter here to the Mayor and Council. It's dated today. They will get copies. She read the letter: Dear Mayor and Council Members: We are requesting the representatives of the Borough ofCarteret to name a street or island in this Borough for our brother and brother-in-law, Joseph Cherepon. Joseph Cherepon was lost at sea during World War II while serving in the Maritime Service. Several years ago Congress finally recognized the men who served in the Merchant Marines as veterans of World War II. Joe served in the Merchant Marines in peace time as well as during the war. The U.S. Maritime Academy has a museum with a memorial book containing the names of Merchant Marines who gave the supreme sacrifice serving their nation. Joseph Cherepon is listed in this book. Our Borough has honored veterans of World War II by naming streets for those who sacrificed their lives. Hopefully, now that Congress has honored the Merchant Marines with the title of Veteran, would you consider doing likewise for my brother-in-law? The family of Joseph Cherepon would be grateful for any consideration you can give to this matter. Yours truly, Ethel Cherepon Brady Stephen Cherepon Gezzela Cherepon Cseh Theresa Cherepon O'Donnell Mary Kopil Cherepon Sophie Harkiewicz Cherepon Ms. Cherepon thanked them and said she would give copies to the Municipal Clerk. 14 My name is GEORGE KALIANTZOPOULOS. I work for the project for the library for Carteret. On June of 1996 you paid the Architect, John Wanskus $64,200.00. ... Mayor Sica said he is going to caution the Council and yourself that this is ~ legal matter and we cannot discuss it in public. Mr. Kaliantzopoulos said he understands. All he wants is just to make sure that everybody understands..... Mayor Sica said we have all your letters and your argument is not with the City of Carteret. Your argument.... Mr. Kaliantzopoulos said it is because you have an affidavit signed by John Wanskus that says right here that we are going to pay.... Mayor Sica said again, I mn not going to comment on that. He asked the Borough Attorney if he was c.orrect? Borough Attorney Coughlin said he was correct. Mr. Kaliantzopoulos said let me make another point. Mayor Sica said he is going to cut that off because we cannot comment on and it is not fair to us, to you or John Wanskus. If you have any papers that say you are right that will be adjudicated in a court of law. We have no right to sit here and we are not going to sit here and allow it. He is going to ask him to stop (inaudible) and do what you have to do legally. We cannot do it for you. Mr Kaliantzopoulos said "Mayor, the model that you have in front of your office belongs to me, I paid for this... . Mayor Sica said we cannot get involved with any decision Mr. Kaliantzopoulos said "I would like to take it home. 1 never got my money. " Mayor Sic.a said "you were not working for the City of Carteret". Mr. Kaliantzopoulos said "Mayor, you, yourself, you stood up and you said personally that you would pay us. We (inaudible) families.... Mayor Sica said he has no problem with paying.... Mr. Kaliantzopoulos said this man got $64,000 and disappeared 15 Borough Attorney Coughlin said we have patiently listened to you. If you believe that you have some sort of claim against the municipality, then I would suggest you either undertake to find out yourself or consult an attorney who could advise you how it is that you go about doing that (inaudible) Wait a minute, let me finish. Secondly, with regard to any claim that you may have against Mr. Wanskus, I submit that that is pursuant to some employment relationship that you had and that there's no obligation on the part of the Borough to be responsible for that. APRIL 3, 1997 G.Kaliantzopoulos Re: Library and J. Wanskus APRIL 3, 1997 G.Kaliantzopoulos Re: Library & J. Wanskus Continued Borough Attorney CougWin continued and said none the less, if you think there is some obligation, some responsibility that the Borough has, then again, I will advise you to either undertake how to proceed appropriately or consult a lawyer. I think that what you are doing is A.) you are potentially prejudicing yourself and B.) you are putting the Borough in a position where it's not going to be able to respond and C) you are potentially opening up some avenue of recourse for Mr. Wanskus. So, I would suggest as the Mayor suggests, that if you have comments relative to something else in the Borough, fine, but relative to either your employment with Mr. Wanskus or any potential claim that you have with the Borough that you defer those to a more appropriate (inaudible). Mr. Kaliantzopoulos said "may I explain to you without, not (inaudible) that matter, I just want to have a direct response to you. When we met, you, Mr. Fazekas, Mr. Gutowski and Mr. Failace in the Reo Diner in August 26th, you promised me all that you are going to get to the bottom of this and give me an answer. Mayor Sica said wait a minute. We are going to far afield. If you're having meetings in the Reo Diner....... Mr. Kaliantzopoulos said Mr. Fazekas told me that we can meet there and discuss it and he will get to the bottom of this and I am still waiting for my money. Not only me. I have $10,000, the lady has $7,000 and where's our money. This man is no where to be found. Somebody has to help us. We want the money. Give me my money. Mayor Sica said he is telling him we are not going to get into this here. If you have legal recourse, you have it in a court oflaw. AN UNIDENTIFIED WOMAN said the town was well aware that we were not compensated.... Mayor Sica said again, I'm going to tell you if you have.... if Mr. Wanskus put a bill in and we paid him for something and he didn't pay you that's not our problem. You have a contract with Mr. Wanskus. We are not going to go into anymore discussion with this. The unidentified woman said you stated directly that you would make sure that we would be compensated. Mayor Sica that is the end of it. And I never paid him another penny. Mr. Kaliantzopoulos said you paid him $64,000 in the affidavit last year. Mayor Sica said correct and he was supposed to pay you and then we never paid another penny after that and I am not going to discuss it anymore. Mr. Kaliantzopoulos was (inaudible) Mayor Sica said on the basis of that he got paid. Ifhe didn't pay you, I can't help that and he's not getting another penny and that's the way it is. So your recourse is in a court oflaw. 16 Mr. Kaliantopoulos said let the citizens of Carteret know what is going on. Where their money go. But definitely we want the stuff that we paid for. I (inaudible) of the model you have in rront of your office. I want to (inaudible) my house It is mine. I bought it, not Wanskus. I want you to give it to me. Mayor Sica said you are going to have to talk to Mr. Wanskus. MR. GAYDOS, 78 Hermann Street, West Carteret. Mr. Sica could you tell me what's happening with the pumping station. Mayor Sica said we are in the process of acquiring the land. As soon as we acquire the land we are going out for bid. He told her there is no alternative. He told her no matter what they do that project has to be completed and it's going to be completed come hell or high water. Mrs. Gaydos said for 19 hours on Monday they went without flushing their toilets and this goes all the way up to Skitka Street. Mayor Sica said he knows. There is just too much going to that one pump station. Once we divorce it we should solve.....He said there are certain things in the storm sewers that they are never going to be able to solve. We're going to get a flood no matter what. There is no reason why people can't use their bathrooms no matter how hard it rains. Our only problem is we built West Carteret up on both sides of the street and we have not made the appropriate steps to divorce them. What we've done is we got all that work done and the only thing that remains to be done is the acquisition of the property and then we will take it from there. It's definitely getting done. Mrs. Gaydos was just curious on how we are doing. Conditions are bad out there. Mayor Sica said he wouldn't let them down. He is sure that none of this Council will let that down. We're going to get it done. Mrs. Gaydos thanked him. She said they keep promising her that they are going to pave the street, it is collapsing and they filled in that one manhole. She keeps calling Mr. Parmar. Mayor Sica said if she heard Mr. Failace's comments before, we have Parmar and Teddy going around. We can use some of our sewer user money to pave streets because the streets only got destroyed because of the sewers. Now we are going to take the worst streets. It was his suggestion that they take at least $500,000 and pave a considerable amount of streets. Every year. By doing that, in theory, we have industries helping to pay for paving the streets because they pay for the sewer user use. Mrs. Gaydos said Mr. Parmar told her the contractor won't come back and pave the street because he wants his money. 17 Mayor Sica said of course he wants to get paid. We want to pave the streets from curb to curb. And that's what we are shooting to do. APRIL 3, 1997 G. Kaliantzopoulos Re: Library and J. Wanskus Pumping Station Street Paving .'" APRIL 3, 1997 Pumping Station Mayor Sica said hopefully they will be able to do it. He doesn't want to do any of these things until they get that piece of property. Mrs. Gaydos said she is sticking with them. Mayor Sica said they will get it. It takes a little time. Girl's Softball Transportation UNIDENTIFIED WOMAN said they are forming a traveling team for Girl's Softball and she knows the Cheerleaders come to the town to get money for a bus. How does she go about applying for a bus. Does it only apply to Cheerleaders. Mayor Sica said it applies to anyone, but the problem is that if you don't make a request prior to them adopting a budget, then we don't know that you need that. Ifwe don't put money in the budget to do certain things....Anything that someone comes to us with a recreational value, he's sure everyone on the Council agrees that's the only way to keep kids on the straight and narrow is to have them doing something. Idle minds is the Devil's playground. We believe in that. Unfortunately, if you don't call it to our attention in December and Janumy when we are building a budget, then we don't have the foresight to put money in the budget for that. Pop Warner submits a basic budget, the Little League, etc. He suggested that she contact Mr. Kolibas and he in turn will contact Stan Gutowski and let's see if we can't work something in there. If it's beneficial to the youth of Carteret, he doesn't know about this year, but he is sure that next year they will take it into consideration and perhaps put some dollars in the budget to help them out as best we can. Conrail ANNETTE LOHN, 29 Monroe Avenue said she wanted to talk about the trains which they have heard about for years. Evidently nothing can be done about it. It goes by the wayside. It was good for a year after the Woodbridge Meeting with Senator McGreevey. It was quiet for a year. Now we are back to square one and she would like to know where they go from here. She asked if they are capable or able to do anything or is it our of their venue. Mayor Sica said the reasons that the trains were not in Carteret was not because of the Woodbridge meeting, it was because of the meetings we had with the railroad. He said Mr. Failace was there and they talked to the railroad and we told them we know that the trains have to go by. We met with the railroad and told them we don't care that the trains go by in the daytime and they have to put one on the side track for another one to pass. We understand that. We would appreciate it if they did not leave them behind the houses at night or to drill back there at night. They readily agreed that they would cooperate. If they are not cooperating, he will call them again tomorrow. That's the best he can do. He can't shut the train down, but he can ask them not to do that again. It was explained to us that sometimes people change jobs and if the order was for the guy before, the new guy doesn't know about it. He will call them first thing tomorrow morning ~nd see if he can't get them out of there again. Mrs. Lohn asked if someone would contact her and let her know. 18 Mayor Sica said sure. He asked her for her phone number. Mrs. Lohn said 541-2178. Mrs. Lohn said she spoke to Assemblyman Wisniewski's Chief of Staff, Theresa Russo. She told her that a bill is being proposed, eventually, it's going to be before the committee called the Agriculture and Waste Management Committee. Is there any correlations between that committee and transportation of trains? Mayor Sica said he wouldn't think so. Mrs. Lohn asked if someone could research that. Mayor Sica told her to give him the information after the meeting and he will try to get a copy of the bill. He will look into it. Councilmember Gutowski said there was a bill originally proposed by Senator Corman a few years ago that prohibits trains rrom being parked within 500 feet of any residence. That died. There is another bill that is already in committee at this point that has been presented by Senator McGreevey and Assemblyman Wisniewski. That is also tied up in committee. He has personally sat with Congressman Menendez, who sits on the House Transportation Committee. There was a meeting in Perth Amboy last month. They have solicited the Borough of Carteret and Woodbridge to sit down together and see if we can do something about this problem. He is sure this Council is open to it. Unfortunately, like the Mayor has stated, it is a federal agency and our hands are basically tied. We are doing everything we can at this point. He spoke with the Congressman and he is willing to help us any way he can, but he's only one Congressman. It's tough to convince those other 434 people that we have a problem. It's a problem everywhere. Mrs. Lohn said they have written over the years to several state agencies and the Borough of Carteret. Councilmember Gutowski said rest assured that this Council is looking for ways to alleviate the problem. . Mayor Sica said there has never once been a complaint to him that he hasn't followed through with the railroad and we got some relief every time. It's just a matter of keeping on it. Nobody has called it to his attention that it was happening again He will be on it the first thing tomorrow morning. Councilmember Gutowski told Mrs. Lohn that last year there was a petition circulated by Mr.Mancuso with over 1,000 signatures and that was presented to the Congressman and Senator McGreevey. They both have copies of it and are aware of the problem. They are both working on it. Unfortunately, government sometimes moves very slowly. 19 Mayor Sica said he happens to firmly agree that the parking of the trains should not occur. If they are going to move the trains in the middles of the night, it make quite a racket. We can't stop the trains from going. He doesn't think the citizens have a problem with that. He doesn't want them parking and drilled in the middle of the night. Whether they are tank cars, empty tank cars, full tank cars, he just doesn't want them parked there. It's not necessary. There are plenty of areas that they can move the trains to. APRIL 3, 1997 Conrail APRIL 3, 1997 Conrail Con I t. JAMES MANCUSO said he would like to add a little bit to that. At the Perth Amboy meeting there were representatives rrom Conrail there. He would like all the people of this town to be aware that we questioned them about if there was an accident there, and Mr. Cannon, who was Public Relations, stated that he had emergency teams across the United States to California. He asked them what their procedures were and Mr. Cannon said this emergency team would come in and fight the fires. He asked Mr. Cannon what type of equipment do they have. They told him they would use our equipment. We don't have that type of equipment to fight some of these fires. They were also asked what was the response time of their emergency team. 45 minutes. Half of Carteret could be come in 45 minutes. They sat in his house with Mr. Gutowski stating that what they are doing back there is not a necessity, it's a convenience because they don't want to walk from one end of the track to the other where the switch is. It's a convenience for them to lay the trains there and pull the whole line out. They sat there and swore to us on their honor as gentlemen that it would stop. It did stop for two days and then it continued. He called Mr. Cannon on the phone. Mr. Cannon said we can't stop them from going through there. Nobody is trying to stop anyone rrom going through there. If anybody has been back there, for the last two weeks trains have been coming in there at 1 :00 to 2:00 in the afternoon, staying all night and leaving the next afternoon. Now that they have gone in partnership with Southern Railroad you see different type of engines back there and they have been banging and clanging every night. People on Monroe and Jackson Avenues have called the Police Department several nights and they just don't care. Right now, it seems like whatever we are saying, they are saying to us the hell with you, we're going to do more and that's just what has been happening the last week. If you go back there now you will see close to 200 cars back there lined rrom one end of the tracks to the other. If you go down a little further where there is nothing but woods, there is not a single car there. Mayor Sica said part of the problem is we can't get Trenton to do a thing and he will tell them why. If you ever ride down the turnpike and look at all the billboards that are on the railroad's property. See who owns them. Big politicians own them. Go to Trenton tomorrow and find out who Elray is. Then you will know why they don't want to do a damn thing. Then you'll know why the little towns and people like this Council and myself have to argue and fight with them because the big crooked politicians, the Elrays down in Trenton that are partners with the Elrays in Woodbridge is why we can't get it done. Mr. Mancuso said they can keep hearing from the people on Monroe and Jackson, but just get a hold of a Hazemat book and if just one tanker catches on fire, you must evacuate a Y2 a mile. If you have a sulfuric acid tank that leaks at llight and you're sleeping, you don't wake up the next morning. It's something that might not happen. They were forced to put a system in Port Reading. Recesses in the ground for the oil to go out, fire retardant systems, fire hydrants, etc. There's not even a fire hydrant back there. If there is a fire they will have to run down Jackson Avenue, get the hoses and go over the fence with this special equipment that we don't have. SOPHIE CHEREPON said the citizens ofCarteret knew the railroad tracks 20 were there. When she bought her house in 1954, she knew the tracks were there. Anybody who bought a house in that vicinity knew the railroad tracks were there. Mayor Sica said he remembered troop trains, ammunition trains going down there. Bombs being on the cars. He was only a little kid watching them go by. We understand that and we understand that those are the things that have to happen, but he has to agree, he doesn't mind the cars going through. On the turnpike they get 500 sulfuric acid trucks everyday. But there is no problem with that. If it's possible not leave them there, we don't want them there. He doesn't care if it's a little inconvenient for the railroads, he will be on it tomorrow morning. It will be a big inconvenience if they have to do something serious. RESOLUTION #97-127 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-127 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was adjourned into closed session at approximately 8:20 P.M.. Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was opened. At approximately 8:26 P.M., there being no further business or discussion, upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was adjourned 21 ~IlY sUb~itted,. ~~~ 'KATHLEENM BARNEY,· - Municipal Clerk KMB/sj APRIL 3, 1997 Conrail Con' t. RESOLUTION #97-127 Closed Session Adopted r1eeting Adjourned Into Closed Session Meeting Opened ADJOURNED APRIL 3, 1997 COUNCIL ¡.jEErING 22 ------ ---~--------------------_. COUNCIL MEETING BUILDING ESCROW W. Thomas Watkinson PUBLIC ASSISTANCE PATF I CK.# PATFIl CK.# 8927-9002 SUI TRUST N.J. UNEMPLOYMENT COMP FUND TOTAL CHARGES TO 1997 BUDGET TOTAL CHARGES TO 1996 BUDGET TOTAL CHARGES TO CAPITAL IMPROVEMENTS TOTAL CHARGES TO TRUST ACCOUNT TOTAL CHARGES TO LIBRARY RESERVE TOTAL CHARGES TO OTHER RESERVES TOTAL CHARGES TO GRANT FUNDS TOTAL CHARGES TO COMMUNITY DEVELOPMENT TOTAL CHARGES TO DOG TRUST FUND TOTAL April 3. 1997 $400.00 12,369.61 6,314.08 52,207.05 10,100.89 78,108.20 1 ,562.76 0.00 707,367.43 0.00 2,470.25 0.00 $870.900.27