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HomeMy Public PortalAbout1997/04/07 A Special Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Peter J. Sica at 7:00 P.M., on Monday, April 7, 1997, Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Deborah Bialowarczuk " " John DuPont " " James F ailace " " Jack Fazekas " " William Feingold " " Stanley Gutowski Also noted present was Borough Attorney Craig Coughlin. Also noted present was Robert A. Hedesh, Esq. Mailed to The Home News and Tribune, The Star Ledger and posted on the bulletin board on April 4, 1997. To discuss scavenger services and to adopt a resolution to go into closed session to discuss litigation. Formal action may be taken. Mayor Sica asked the Borough to explain what happened in court this morning. The Borough Attorney said that what was on this morning was our motion for an extension of time in which to comply with the order in the Manella matter. The Judge granted our motion and granted the extension until June 15, 1997. He ordered that in addition to having the excess time that Dauman would continue to pick it up. He said that will go through the decision if they want. The Judge indicated that he had not given a lot of thought to the time period that was included in the time or in the decision and had specifically allowed for an application for an extension of time if the time frame set out the decision wasn't workable as it turned out today. There were a couple of arguments that we advanced, that Bob advanced on our behalf. As a matter of fact there was never a method by which we could comply since there was a mistake among all of the parties present with regard to the time frame that is required for the bids to be advertised. They have to be advertised for 60 days. The assumption in court was that it was 30 days including by the Judge. So from the beginning there was not an ability on the part of the Borough to comply. Additionally, the order was drafted by Manella's counsel, was inaccurate really. It didn't reflect the decision of the court because it set forth the fact that we had to advertise within 60 days which we have in fact done. Nonetheless, the Judge signed that order and probably ought to bear some of that responsibility if that's not what he intended for that confusion. But the Judge essentially said that he cannot prejudice the Borough. He can't leave them in a position where APRIL 7, 1997 SPECIAL MEETING April 7, 1997 ROLL CALL STATEMENT OF MEETING NOTICE PURPOSE OF MEETING DISCUSSION APRIL 7, 1997 SPECIAL MEETING -Continued their garbage isn't getting picked up. As a matter of fact, the Borough has done what it was directed to do, wish we had perhaps done it quicker. But nonetheless, we had in fact done what he had ordered us to do. The next question he provided was whether Manella would in fact pick up the garbage as was argued by their counsel. They indicated that there had been a "windfall" was a word used by counsel for Manella. It turned out to be a mistake. A windfall on the part of Dauman for some 20 months and that they were now entitled to a windfall for a couple of months during the interim period until the new bid can be awarded. The Judge said in fact that he didn't believe that Dauman was receiving a windfall, that there may have been some profit included in the bid but that certainly didn't constitute a windfall. But it would constitute a windfall on the part of Manella and he was not prepared to draft that or provide for that. So he said there wasn't any reason to give it to Manella. They had the opportunity to pick it up and bid for it so he granted our request for an extension. Attorney Coughlin explained that the bid specs have been revised. Gloria worked on them. Ted Surick had some input into them. Bob Hedesh and he both reviewed them. We've amended them to provide for a flat credit. We've broken out by month the amount of garbage that was picked up. We've indicated in the bid specs the possibility of eliminating grass so that people can estimate how much was included in that. We give them a month to month break out on the amount of garbage that's collected. We set a flat fee credit that everyone will have to give the Borough for the difference between the base year which is 1996 and the amount actually collected equal to the tipping fee of the then applicable disposal site. The reason for that is there is a case pending which may in fact allow us to shop for our disposal site. - Mayor Sica said not go to Edgeboro anymore. Attorney Coughlin said the credit would self-adjust. It also gives us the right to.. .His appeal is still out there in the event that we're overturned, we would have the right ... (inaudible). . . the bid specs to terminate the contract if that appeal. ..(inaudible)... the Judge didn't stay it. They've applied for an appeal of the stay. Attorney Hedesh stated that they haven't applied for an appeal of the stay. Attorney Coughlin said that they just appealed it. Theoretically, we can award the bid, then it could be overturned after the new contract was awarded so we've provided for an out in that eventuality . Councilman Failace asked if we have any estimates of when the appeal will... The Borough Attorney said that Bob probably can better answer that. Six months, perhaps. -- 2 Attorney Hedesh said that Manella just filed a cross appeal, he guesses just to preserve their right. The order isn't going to come out for 30 days, so you have 30 days before you can get a scheduling order. The briefs will be provided for 45 days and then 45 days hence to file response briefs. Then 30 days... Mayor Sica said he's talking 6 months. Councilman Failace stated that we'll have somebody picking up garbage, whoever's going to be going it under this new bid, for 5, 6, 7, 8 months, something like that, before... Mayor Sica said unless they give it a stay. Unless it's so obvious one-sided, they stay it until they have a full hearing. Attorney Hedesh said or unless the Appellate Division just wants to review this whole issue. That's usually .. . (inaudible).. . the criteria ...(inaudible)...appeal. There's something out there that they want to look at, in this case, ... (inaudible). Mayor Sica asked who gave Manella and Menzoff any rights to go down to the Borough Garage the other day and demand that they go around, that we would take them around. We will file a complaint against Menzoff and against Manella. They went down there and caused a scene down there. Councilman Failace stated that Teddy called him up and he told him to tell him to go home because he has no right to be down there. The Mayor said that he demanded that he be taken around to see the various routes and all that, that he had this thing locked up. He will sign a disorderly persons against Manella tomorrow on behalf of the City because now they took Teddy off the job. They have no right to do that. Councilman Failace that Teddy told him that if Manella came down he would have taken him around. No big deal. Mayor Sica stated that we have work to do. We don't have time to take people around. Councilman Failace said that he told Teddy just for insurance purposes alone he shouldn't be around there. Mayor Sica said and Menzoff.. .I'm going too. He is going to file a complaint against them. Attorney Coughlin said that he talked to Gloria in terms of getting quotes in case we were in a situation for today where we needed to make some kind of decision tonight. She called BFI and a couple of others. He talked to her early this morning and said forget it, we don't need it. He also told her to talk to Manella and Dauman. He is not sure if that prompted it. He happened to be on the phone with him when Manella was there. He said Mr. Menzoff was there and he was going to kick ...(inaudible). Do we have to have the courtesy to show them all of the routes because they want to quote on it? I don't know if that's inappropriate. 3 Mayor Sica said of course it's inappropriate. Attorney Coughlin said that he will leave that to somebody else's discretion. Mayor Sica asked if we are going to open it up to everybody again. APRIL 7, 1997 SPECIAL MEETING -Continued APRIL 7, 1997 SPECIAL MEETING -Continued Attorney Coughlin noted that if ... (inaudible). . . quotes and BFI and everybody wanted to come down. . . Mayor Sica said that nobody came down, just Manella. Attorney Coughlin said that he is not saying they did. What he is saying is in the event that they did and we made a decision to show it to them, he doesn't know that that would be an inappropriate decision. But nonetheless, nobody made that decision. They showed up. Mayor Sica said that they don't have any right and he is going to sign a complaint against them. It's just ridiculous. We're trying to run a City here. It's not a game. The Mayor noted that we have until June 15th. Then we'll see what the bid comes in at. The Attorney said that on Thursday or Friday it went to the paper. Mayor Sica said that there was no way the Judge.. . (inaudible). .. grant this extension. How could he do it? He knows it takes at least 60 days to get a bid. Attorney Coughlin said that he didn't. That was the ...(inaudible). Attorney Hedesh said that what happened was that he came out with his decision.. . (inaudible). ..and then they out the 60 days. All four of us, me included, the Judge, Dauman and Manella sat there and said.. . (inaudible). . .30 days. The Mayor said that he thinks he is saying that we have to bid it within 60 days. Attorney Hedesh said no.. . (inaudible ). The Mayor said that he knew it was impossible to get it done in 60 days. Attorney Hedesh said that everybody assumed that it only had to be advertised for 30 days. So, 60 days would have been a ...(inaudible). Mayor Sica said that you have to review it. You have to award it. The thing is so complex, the garbage industry today, that you have to read everything that they put in there what they're going to do. Attorney Hedesh said that they really speeded up the approval process to 3 or 4 days because of ...(inaudible). We really wanted to get a good real number. Mayor Sica asked if there is a provision in there that we will have the right to tell them where to take the garbage in the future. 4 Attorney Hedesh said yes. The Mayor stated that in 1983 he made that argument that they cannot tell him where to take his garbage. Attorney Hedesh added that it says that we can either direct it to go someplace else or we could cancel the contract. Mayor Sica noted that it's going to become a buyer's market out there when this Supreme Court decision goes into effect. It's in effect. It's just that they've given the State of New Jersey some time to try to work it out because of all of the bonds that are sitting out there. You can't restrain the flow of garbage even across State lines. What they should have done in 1983, they .. . (inaudible). . .built all of those incinerators that cost 200 million because.. . (inaudible). . .paid 250 million for. They didn't care what it cost because the tipping fee was going to be predicated on how much it cost to build the thing. It's like public service. Do you think public service cares how much it costs to fix their boiler? They could care less. They hope it costs more because at the end of the year they say they did a billion dollars worth and are entitled to 100 million dollars worth of profit now and they hope it goes to 2 billion. It's stupid. That's why you can now buy electricity and gas from anybody. You can't lock that in. There being no further business or discussion, the meeting adjourned upon MMS&C, by Councilmembers Fazekas and Feingold and unanimous affirmative vote of the full membership present. Respectfully submitted, ~fm~~ýtiC ~ Municipal Clerk . ------------------./------ ------------------- ----- --- -- - -- - ----- -- --- ---- --- - ---- - - ---- --- - --- ---- - ---- --- ----~------------------------------------------------- 5 ----~---------------.¡.. -------------------------------- APRIL 7, 1997 SPECIAL MEETING -Continued ADJOURNED April 7,1997 ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ~----------------------------------~ -------- ----------------------------------------------- ----------------------------------------------- ---------------------------------------------- ------------------------------ ---------------- ---------------------------------------------- 6 ----------------------------------- ---- ------