HomeMy Public PortalAbout1997/08/21
The Regular Meeting of the Mayor and Council of the Borough of
Carteret was called to order by Mayor Peter J. Sica, 7:30 P.M.,
Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret,
New Jersey on Thursday, August 21, 1997.
Upon individual roll call vote,
Councilmember
the following were noted present:
Bialowarczuk
DuPont
Failace
Fazekas
Feingold
Gutowski
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Noted absent was the Borough Attorney Craig Coughlin.
Also noted present was Attorney Robert McGowan.
The meeting was opened with a minute of silent prayer and the pledge
of allegiance led by Mayor Peter J. Sica.
The Clerk stated that on August 15, 1997, in full 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 Failace and
unanimous affirmative. vote of the full membership present, the.
minutes of April 17 and 28, 1997 were approved and transcribed and
engrossed by the Clerk.
ORDINANCE# 97-23 was introduced and adopted on First Reading
and the Clerk authorized and directed to advertise same for Public
Hearing to be held September 4, 1997, upon MMS&C, by
Council members Failace and DuPont.
Upon individual roll call vote, Council members Bialowarczuk,
DuPont, Failace Fazekas, Feingold and Gutowski voted in the
affirmative for the adoption.
ORDINANCE # 97-23
1
"ESTABLISHING THE POSITION OF SENIOR ASSESSING
AIDE IN THE BOROUGH OF CARTERET"
AUGUST 21, 1997
'.DUNCle.., tIEr:=ING
i10LL CALL
SILfNI PRl.YEi"
PLEJX;E OF
ALLEGIANCE
STATÐ'1ENT OF
tlEErInG NOTICE
tm¡UTES FOR
APPROVAL
ORDINM,CE #97-23
Ef tD.blishin¿
position of
S:c. Assessing
AiÖe
First Re¿:ding
AUGUST 21, 1997
ORDINANCE
#97-24
Salary Ordinance
Re: .
Sr. Assesslng
Aide & Subcode
Officials
First Reading
ORDINANCE
#97-25
Salary Ordinance
Recreational &
Seasonal
Employees
First Reading
ORDINANCE
#97-26
Creation &
Establishment
Police Dept.
First Reading
r' _
ORDINANCE # 97-24 was introduced and adopted on first Reading and
Clerk authorized and directed to advertise same for Public Hearing to be
held September 4, 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 # 97-24
"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."
ORDINANCE # 97-25 was introduced and adopted on First
Reading and the Clerk authorized and directed to advertise same
for Public Hearing to be held September 4, 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 # 97-25
"AN ORDINANCE TO AMEND ORDINANCE # 71-9,
ESTABLISHING SALARY SCHEDULES AND FIXING THE
MANNER OF PAYMENT OF SALARIES FOR VARIOUS
OFFICIALS AND EMPLOYEES OF THE BOROUGH OF
CARTERET"
ORDINANCE # 97-26 was introduced an adopted on First
Reading and the Clerk authorized and directed to advertise same
for Public Hearing to be held September 4, 1997, upon MMS&C,
by Council members Failace and DuPont.
Upon individual roll call vote, Councilmember DuPont, Failace
Fazekas and Gutowski voted in the affirmative for the adoption.
Councilmembers Bialowarczuk and Feingold voted No.
2
ORDINANCE # 97-26
"CREATION AND ESTABLISHMENT OF A POLICE
DEPARTMENT WITHIN THE BOROUGH OF CARTERET"
_..-_ T~ ..." .";'._.",_..,.,
AUGUST 21, 1997
Councilmember Bialowarczuk stated that she has a real problem with
this. The Borough Attorney has not even looked at it yet. They were
going to discuss it and have a meeting. There is a committee that
oversees the Police Department; .. . (inaudible). .. to run the department
on a day-to-day basis. She does not think those people know anything
about running the Police Department on a day-to-day basis. They
have no background in Police work. They have no idea what it takes
to run a Police Department on a day-to-day basis. She is the daughter
of a retired Police Officer ,she is the wife of a Police Officer, what
gives this Council the right to think that they or anybody that comes
after them knows anything about police work and how to make those
decisions. Those decisions are not made by lay people like ourselves.
Those decision are made by people who are educated in Police work,
not us. It's not our job to sit there and dictate to these men how to
run a department on a day-to-day basis. You'll have chaos. This
thing was thrown in here with out sitting down and discussing it with
anybody. There's more wrong with this ordinance then just that. We
are in negotiations on a contract. We are in arbitration.. . and your
going to try and shove this through. There's going to be repercussions
from this.
Cœ'i.lents
She told Councilmember DuPont that he is the one who said that they
would sit down and talk about this and the Borough Attorney has not
even looked at it yet.
Councilmember Failace said that absolutely he has looked at it.
Councilmember Bialowarczuk, said that at the Agenda he said he
would have to look at it.
Councilmember Failace said he did.
Councilmember Bialowarczuk said that he did not report to the
Council.
Council member Failace said that it is only a First Reading and not a
final.
3
Councilmember DuPont said that they are following the proper
procedures on this. There is a procedure of introducing an ordinance
and adopting it. If anyone wants a copy tomorrow they can go to the
Borough Clerk's Office, pick a copy up and review it. At the next
Agenda they will discuss it and then have a public hearing the
following week. We are not pushing anything through. What he has
a problem with is the fact that several people actually went to the
Borough Clerk's Office and actually harassed the Borough Clerk and
demanded copies of this ordinance. This is standard procedure for
ordinances. We followed it by the book. The Council was given it
a week ago and he has not heard any comments from Mrs.
Bialowarczuk or anyone else. He is surprised by her comments. We
will have a hearing on this. This is not gong through final tonight.
It is standard procedure. You'll have a public hearing. The Police
Department will have comments and make their comments to us.
AUGUST 21, 1997
COITments
Con't.
-
He hopes that his Council completely supports it. Anybody harassing
another Borough employee or the Borough Clerk will be held accountable.
Copies will be given out, they will go line by line and every single item
will be addressed. He is surprised by the reaction but he thinks they can
take care of it...(inaudible)... and they will. We are following standard
procedures, it is first reading and the will discuss it with everybody.
Councilmember Fazekas said that the biggest problem, he won't say
harassment, it just appears that the over-reaction especially. Like John
said, it is been a week. Other Councilmembers have gotten hold of other
members to discuss the ordinance itself.
He is really surprised by the number of copies that are out there
already when just 7 or 8 were given out. It is just working copies
and everybody seems to have a copy of it. It seems like there's a
problem internally within our Council that we just can not keep it
amongst ourselves to discuss it or if you have a problem, you all
live in town, call up.
Councilmember Gutowski said that he is also disturbed. He would
like to echo Mr. Fazekas' sentiment. The breach in confidentiality
of this board basically has been... there is no confidentiality
anymore. This was given to us to look at as a working document.
For some reason someone, and he will never point a finger at
who, but someone decided to release it to the public. To him, that
is the same as releasing somebody's personnel record. It could be
anything held in confidence by this Council and that's what this
was. That's why they're having a first reading tonight because it
becomes public information after this reading and anyone can have
a copy. Come and make your comments whenever. It doesn't
necessarily mean it's going to be voted on in two weeks. There's
a lot that has to be done to it. There a lot of discussion that is
going to be heard on it. He is disturbed at what went on up here
with this Council. Someone out of the eight of them decided that
this needed to go public and why, he doesn't know.
Mayor Sica said that he is very disturbed that the Borough Clerk
got harassed by individuals.
Mayor Sica said that he will not tolerate harassment of anybody in
the Borough of Carteret and he would like the Borough Clerk to
tell him who harassed her and he will bring that person up on
charges. If he doesn't get it he will assume that there was no
harassment. That will not be tolerated. What disturbs him about
this type of ordinance that is attempted to be put here, it does
become a matter of public record immediately. There is a bill in
here tonight for this ordinance for $12,658.15 He doesn't know
we're gong to pay this bill because he's definitely not gong to sign
the check. We hired this gentleman, it was a professional service
contract for legal services. It was to review the Police Department
operations. That's all we hired him for. We have a Borough
Attorney that we pay a yearly salary to make all ordinances. He
asked Attorney McGowan if that was correct.
4
Attorney McGowan said that is his understanding.
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The Mayor asked why someone else was hired and he is not doing the
job.
Attorney McGowan said that he assumes that this was an area of
particular expertise which it is , which is why someone was brought
in for that purpose.
Mayor Sica said that 90% of it was copied from the book and just
eliminated from our whole ordinance book. When we hire a Borough
Attorney, the Borough Attorney is supposed to be well versed in
municipal law. He doesn't know why we are paying $12,500.00 for
an ordinance. That's utterly ridiculous. He personally thinks that this
ordinance is so idiotic that when the public reads it and when it get
into court we're going to get laughed right out of court. Number
one, there's an unfair labor practice in this whole thing. Number two,
it's usurping the authority that's granted to various Borough employees
under state statute. As far as he is concerned, this document was a
matter of public record the minute one hour was incurred to pay for
it and there is $12,000.00 and some hundred dollars. He doesn't
understand how it was even put on here tonight. What is the sense of
putting this on here tonight and then have to go all through a public
hearing and then if we have to change it, we have to change it again
and then re-advertise it again. It's a nine page ordinance. You're
talking about a lot of money. If it's not right and we have to change
it, do we pay Mr. Stowell another $12,500.00 or is it all
encompassing:
Attorney McGowan said that he doesn't believe that was the only
reason he was retained. He was supposed to do a general review of
the Police Department and come back with a report and
recommendation.
Mayor Sica said that nothing in this resolution hiring him says that he
is going to write any ordinances or any legal...
Attorney McGowan said that may be but his understanding is that this
apparently is part of the overall recommendation that he has presented
to the Council, that this in an appropriate ordinance. He doesn't
believe that this is a usurption of anything. One of the things that
needs to be done by any Governing Body is to appoint and select an
Appropriate Authority which is specifically and statutorily provide for.
Apparently, this is what this ordinance is designed to do.
The Mayor questioned whether or not Attorney McGowan ever read
the statue of what an Appropriate Authority is.
5
Attorney McGowan stated that the Appropriate Authority is the
authority from the municipality which the Police Department is going
to respond to. It may be the Mayor and Council. It can also be a
designated committee or council of the Borough. That, apparently,
is what this is designing to do to have someone who is going to be
particularly focused on police operations. He said that he would like
to respond to what the Councilwoman said.
AUGUST 21, 1997
Can.-:Jents
Can't.
AUGUST 21, 1997
CorrlTIents
Can't.
It's very important to understand, there is no authority anywhere in this
state whether this Council does it or the Sate does it, to take away the
power of the Chief of Police. The Chief of Police runs the day-to-day
operations of the Police Department. This ordinance can't change that.
Nothing can change that.
Mayor Sica said it does.
Attorney McGowan said it does not. What is says is that the Chief
of Police, under item #7, the Chief of Police shall be directly
responsible tot he Appropriate Authority for the efficiency and
routine day-to-day operations thereof, meaning of the Police
Department and he shall pursuant to the policies... so the purpose
and the only authority of this group is to establish the guideline of
policies by which the department will run.
Mayor Sica told him to read the next sentence.
Attorney McGowan said that the next sentence says that the
Appropriate Authority shall issue whenever operations, orders,
general orders or standard operation policies that they deem
appropriate. But again, those are in the context of a policy.
The Mayor asked if the Appropriate Authority can order such and
such a police officer to walk a beat.
Attorney McGowan said absolutely not and never. It is the
terminology that is used and is generally applicable under statue
but it means policy orders of how the department and the duties
and goals of the department are going to be. It can in no way
interfere with the Chief's rights and there a whole Bill of Rights
for Chiefs, that they are the Commander in Chief if you will, of
a Police Department and they are the one that give the
assignments. They are the one who do the scheduling. All the
Appropriate Authority can do is set the parameters by which the
Police Department is supposed to function.
Mayor Sica asked him if he read 40A 118 in it's entirety.
Attorney McGowan said no.
The Mayor said that it says something about the separation of
powers, the Executive Branch of the Police Department falls under
the Executive Branch and not the Legislative Branch. He asked
what this Council is.
Attorney McGowan said that this Council is a Legislative Branch.
The Mayor said that it is authority that this Council doesn't have.
There's reasons for that. The Government doesn't want Police
Departments run by individuals that have no expertise. He said
that he, personally, doesn't interfere with the Police Department.
He doesn't even go down there unless it's absolutely necessary.
6
....~_.., "'w.~_
AUGUST 21, 1997
This Council doesn't have any right to usurp that authority, especially
when they're the Legislative Branch of Government and Executive
Branch comes under the Police Department.
Corrrnents
Con' t.
ORDINANCE #97-27 was introduced and adopted on First Reading
and Clerk authorized and directed to advertise same for Public Hearing
to be held September 4, 1997, upon MMS&C, by Councilmembers
Failace and Fazekas.
OIilllNMJCE {Þ97-27
Bin¿o & P.affle
Regulations
Upon individual roll call vote, Councilmembers Bialowarczuk DuPont
Failace, Fazekas, Feingold and Gutowski voted in the affirmative for
the adoption.
ORDINANCE # 97-27
Firs t Ref~ding
"AN ORDINANCE TO SUPPLEMENT AND AMEND CHAPTER
85 "BINGO AND RAFFLES", SECTION 85-2. "REGULATIONS"
OF THE CODE OF THE BOROUGH OF CARTERET, BY
ADDING A NEW SUBSECTION E. TO BE ENTITLED
"LICENSES TO CONDUCT "INSTANT RAFFLES."
ORDINANCE # 97-28 was introduced and adopted on First Reading
and the Clerk authorized and directed to advertise same for Public
Hearing to be held September 4, 1997, upon MMS&C, by
Councilmembers Gutowski and Dupont.
ORDINANCE 4.'97-28
Authorizing Sele
of L'roperty
Upon individual roll call vote, Councilmembers Bialowarczuk,
DuPont, Failace, Feingold and Gutowski voted in the affirmative for
the adoption.
ORDINANCE # 97-28
First Reading
"AN ORDINANCE AUTHORIZING THE OPEN PUBLIC SALE
AT AUCTION OF CERTAIN REAL PROPERTY WHICH IS
NOT NEEDED FOR PUBLIC USE"
7
The Clerk stated that Ordinance # 97-20 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council of
the Borough of Carteret held on July 17, 1997. It was duly published
in The News Tribune on July 22, 1997 with notice that it will be
considered for final passage after Public Hearing to be held on August
21, 1997 at approximately 7:30 P.M.. The Ordinance was posted on
the bulletin board copies were made available to the general public and
according to law, she read the Ordinance by title.
ORDINANCE 1.'97-20
Capital If1¡Jrovement
Re: Equipr.lent
AUGUST 21, 1997
Public Hearing
Hearing Closed
Adopted
ORDINANCE #97-21
Property Lease
Re: Sprint
Spectrum
Public Hearing
Hearing Closed
Upon MMS&C, by Councilmembers Gutowski and DuPont and
unanimous affirmative vote to the full Council present, the Mayor
declared the Public Hearing to be open:
There being no further comments or objections to the Ordinance, the
Mayor declared the public Hearing to be closed upon MMS&C, by
Gutowski and Fazekas and unanimous affirmative vote of the full council
present.
Approved and Adopted:
Introduced:
Advertised as adopted on
First Reading with Notice
of Public Hearing:
Hearing Held:
Approved by:
Advertised as finally
adopted:
August 21. 1997
July 17. 1997
July 22. 1997
August 21. 1997
Mayor Peter J. Sica
August 29. 1998
The Clerk stated that Ordinance # 97-21 was introduced and passed upon
First Reading at a Regular Meeting of the Borough Council of the
Borough of Carteret held on July 17, 1997. It was duly published in the
News Tribune on July 22, 1997 with notice that it will be considered for
final passage after Public Hearing to be held on August 21, 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 Council members Gutowski and DuPont and
unanimous affirmative vote of the full Council present, the Mayor
declared the Public Hearing to be open:
There being no further comments or objections to the Ordinance, the
Mayor declared the Public Hearing to be closed upon MMS&C, by
DuPont and Failace and unanimous affirmative vote of the full Council
present.
8
AUGUST 21, 1997
Approved and Adopted:
Introduced:
Advertised as adopted on
First Reading with Notice
of Public Hearing:
Hearing Held:
Approved by:
Advertised as finally
Adopted:
AUimst 21. 1997
Julv 17. 1997
Aàopted
July 22. 1997
August 21. 1997
Mayor Peter 1. Sica
August 29. 1997
The Clerk stated that Ordinance # 97-22 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council of
the Borough of Carteret held on July 17, 1997. It was duly published
in The News Tribune on July 22, 1997 with notice that it will be
considered for final passage after Public Hearing to be held on August
21, 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.
ORDINANCE ;"f97-22
Salary Oràinance
Re: Softball
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:
Public Hearing
There being no further comments or objections tot he Ordinance, the
Mayor declared the Public Hearing to be closed upon MMS&C, by
Gutowski and Fazekas and unanimous affirmative vote of the Full
Council present.
Hearing Clo~,ed
Approved and adopted:
Introduced:
Advertised as adopted on
First Reading with Notice
of Public Hearing:
Hearing Held:
Approved by:
Advertised as finally
Adopted:
August 21. 1997
July 17. 1997
Adopted
Julv 22. 1997
August 21. 1997
Mavor Peter J. Sica
August 29. 1997
9
AUGUST 21, 1997
MEETING OPENED
Public Input
on Resolutions
Agenda Amended
RESOLUTION
#97-247
Raffle
Licenses
Adopted
RESOLUTION
#97-248
Authorizing
Mayor to
Execute Housing
Inspection
Program
Adopted
A copy of each Resolution was placed upon the table for review prior to
the meeting in accordance with the Rules of Council and upon MMS&C,
by Councilmembers DuPont and Gutowski and unanimous affirmative vote
of the Full Council present, the meeting was opened for public input on
all resolutions.
Upon MMS&C by Couniclmmebers Gutowski and Failace and unanimous
affirmative vote of the Full Council present the agenda was amended to
include Resolution # 97-265 and # 97-266.
There being no further comments of objections to the Resolutions, the
Mayor declared the public hearing to be closed upon MMS&C, by
Councilmembers DuPont and Gutowski and unanimous affirmative vote
of the Full members present.
Resolution # 97-247 was introduced by the Mayor and was referred to the
Council for action.
Upon MMS&C, by Councilmembers Gutowski and Fazekas.
RESOLUTION # 97-247
"DIRECTING THE ISSUANCE OF RAFFLE LICENSES TO
CARTERET HIGH SCHOOL BAND PARENTS ASSOCIATION &
ST. JOSEPH H.S.A."
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
RESOLUTION # 97-248 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Councilmembers Gutowski and Failace.
RESOLUTION # 97-248
"AUTHORIZING MAYOR TO EXECUTE STATE-LOCAL
COOPERATIVE HOUSING INSPECTION PROGRAM FORM"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
10
,.,,.11':;.->::.,................"
AUGUST 21, 1997
RESOLUTION # 97-249 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTlO¡, #97-249
Certifying
Oinnibus Operator
Jane Van Iloeart
Upon MMS&C, by Councilmembers Failace and DuPont.
RESOLUTION # 97-249
"CERTIFYING JANE Van WOEART TO THE POSITION
OMNIBUS OPERATOR"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace Fazekas, Feingold and Gutowski voted
in the affirmative.
Adopted
RESOLUTION # 97-250 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION i'f97-250
Seasonal Ð"ployees
ßasl:etball, Soccer
and Tennis
Upon MMS&C, by Councilmembers Failace and DuPont.
RESOLUTION # 97-250
"APPOINTING VARIOUS TEMPORARY SEASONAL
EMPLOYEES TO THE SOCCER/BASKETBALL AND TENNIS
PROGRAMS"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
RESOLUTION # 97-251 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION #97-251
Reviell of
1996 Audit
Upon MMS&C, by Council members Failace and DuPont.
RESOLUTION# 97-251
"REVIEW OF 1996 AUDIT"
11
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
AUGUST 21, 1997
RESOLUTION
#97-252
Authorizing
Biàs - Street
Sweepings
Adopted
RESOLUTION
#97-253
Appointing
School Traffic
Guards
Adopted
RESOLUTION
#97-254
Certifying
D. Zullo -
Mechanic
Adopted
RESOLUTION# 97-252 was introduced b the Mayor and was referred to
the Council for action.
Upon MMS&C, by Councilmembers Gutowski and Failace
RESOLUTION # 97-252
"AUTHORIZING PURCHASING AGENT TO ADVERTISE FOR
BIDS FOR THE REMOVAL OF STREET SWEEPINGS"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
RESOLUTION # 97-253 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Council members Gutowski and Failace.
RESOLUTION # 97-253
"APPOINTING SCHOOL TRAFFIC GUARDS FOR THE
1997-1998 SCHOOL SEASON"
was adopted. Upon individual roll call vote, Council members
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
RESOLUTION # 97-254 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Council members Failace and DuPont.
RESOLUTION # 97-254
"CERTIFYING DAVID ZULLO - MECHANIC"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
12
AUGUST 21, 1997
RESOLUTION # 97-255 was introduced by the Mayor and was
referred to the Council for action.
RESOL~rION #97-255
Arnended Project
Plan - Cranbury
RCA
Upon MMS&C, by Councilmembers Gutowski and DuPont.
RESOLUTION # 97-255
"RESOLUTION AUTHORIZING THE FILING OF AN
AMENDED PROJECT PLAN"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
RESOLUTION # 97-256 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION #97-256
Change Order -
Abbott Construction
Upon MMS&C, by Council members Gutowski and DuPont.
RESOLUTION # 97-256
"RESOLUTION APPROVING CHANGE ORDER"
was adopted. Upon individual roll call vote, Council members
Bialowarczuk, DuPont, Failace,Fazekas, Feingold and Gutowski voted
in the affIrmative.
Adopted
RESOLUTION # 97-257 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION ;';97-257
Liability Claim
He: Nix
Upon MMS&C, by Councilmembers Failace and DuPont.
RESOLUTION # 97-257
"AUTHORIZING PAYMENT OF LIABILITY CLAIM
DEDUCTIBLE"
13
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
AUGUST 21, 1997
RESOLUTION
#97-258
Professional
Services-
R.A. Hedesh, Esq.
Adopted
RESOLUTION
#97-259
Professional
Services -
A.J.Fusco, Esq.
Adopted
RESOLUTION
#97-260
Change Fund
Increased
Adopted
RESOLUTION # 97-258 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Councilmembers Gutowski and Failace.
RESOLUTION # 97-258
"PROFESSIONAL SERVICES CONTRACT
FOR LEGAL SERVICES"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
RESOLUTION # 97-259 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Council members Failace and DuPont.
RESOLUTION # 97-259
"PROFESSIONAL SERVICES CONTRACT
FOR LEGAL SERVICES"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
RESOLUTION # 97-260 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, By Councilmembers Gutowski and Failace.
RESOLUTION # 97-260
"INCREASING CHANGE FUND IN THE
TAX COLLECTION DEPARTMENT"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
14
RESOLUTION # 97-261 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Failace and DuPont.
RESOLUTION # 97-261
"AUTHORIZING PERSON-TO-PERSON TRANSFER OF A.B.C.
LICENSE # 1201-33-015-003 FROM: PLONSKI, PLONSKA,
PIELUSZYNSKI TO: CARTERET DINER, INC."
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION # 97-262 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Feingold and Bialowarczuk.
RESOLUTION # 97-262
"APPOINTING MEMBERS TOT HE URBAN ENTERPRISE
ZONE ADVISORY COMMITTEE"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION # 97-263 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, Councilmembers Gutowski and Failace.
RESOLUTION # 97-263
"RESOLUTION AUTHORIZING THE BOROUGH ATTORNEY
TO CONCLUDE A CONTRACT FOR PURCHASE OF BLOCK
190, LOT I AND BLOCK 190, LOT 4 FROM THE OWNER,
FOR A PURCHASE PRICE NOT TO EXCEED $650,000.000."
15
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
AUGUST 21, 1997
RESOLUTION #97-261
ABC License
Transfer -
Plonski ,Plonsv-a
Pieluszynski
Adopted
RESOLUTlŒ ìF97-262
UEZ Advisory
Comr:littee
Adopted
RESOLUTION #97-263
Purchase of
ttC11 TOf"lO
Adopted
.-,...,-.,
AUGUST 21, 1997
Comments
Councilmember Gutowski thanked every one on the Council. He said
there are times they don't work together and times they do. When they
have the town's best interest in mind. He commended everyone for being
together on this. He voted yes.
Mayor Sica said he also wanted to commend the Council for doing this.
This is something that (inaudible) years ago, but we had a very hostile
Council years ago when we wanted to buy that building and all that
property and make something the town could be proud of. When the
property went off the market, we looked at other pieces of property in
order to do it. Fortunately, we did find another piece of property that was
an alternate. Now that property has become available, it behooves the
City of Carteret to buy it. We can always sell the other piece of property
for a lot more then we paid for it.
Councilmember DuPont said he also thought it was a great idea. He
voted yes.
RESOLUTION
#97-264
Purchase of
Block 190
Lot 2
RESOLUTION # 97-264 was introduced by the Mayor and was referred
to the Council for action.
Upon MMS&C, by Councilmembers Failace and Fazekas.
RESOLUTION # 97-264
"RESOLUTION AUTHORIZING THE BOROUGH ATTORNEY TO
CONCLUDE A CONTRACT FOR PURCHASE OF BLOCK 190,
LOT 2, FROM THE OWNER, FOR A PURCHASE PRICE NOT TO
EXCEED $225,000.00."
Adopted
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted
in the affirmative.
Corrrnents
Mayor Peter J. Sica said again, once we get this piece of property and
we're trying to negotiate the piece of property that is the opposite side of
Blanchard Street. Once we get that property and vacate Blanchard Street
then we can have one heck of a municipal complex. At that point in time,
the Urban Enterprise Zone money will be used to do the street scape over
there we'll put pavers all around City Hall and all the buildings from the
Sports Complex on down and put lantern type street lights. It will be
something this town can be proud of when it is finished. It should have
been done 8 years ago. Unfortunately, there was a hostile Council at that
time. The Council has worked diligently on this and he thinks it will be
a great project when it gets completed.
16
Mayor Peter J. Sica said the tanks at the Sports Building are clean and
filled up. The report came back today. It had way less hydrocarbons
then most people have in their backyards. Hopefully it will be able to
open up September I, 1997.
_.~'>-i'..''''J,',,¡,'..,,,,,,,,,,,,,,,,,,,,,,,,,,__,,,_.
AUGUST 21, 1997
RESOLUTION # 97-265 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION #97-265
Leave of Absence
S. Jacklin
Upon MMS&C, by Councilmembers Gutowski and Fazekas.
RESOLUTION # 97-265
"APPROVING LEAVE OF ABSENCE
SUSAN E. JACKLIN"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
RESOLUTION # 97-266 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTION ;~7-266
Appointing Acting
Assistand tjunicipal
Clerk - tl. ¡(ytel
Upon MMS&C, by Councilmembers Failace and Fazekas.
RESOLUTION # 97-266
"APPOINTING MARLENA RYTEL - ACTING ASSISTANT
MUNICIPAL CLERK"
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopteá
Upon MMS&C, by Councilmember Fazekas and Failace, 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, Councilmembers Bialowarczuk and Feingold
voted No; on Stowell.
PAYtIENT OF
BILLS
17
Councilmember Bialowarczuk said she had a lot of questions on the
bill paying Stowell. She asked Councilmember DuPont about it two
weeks ago and he said he would check into it. She said she does
Accounts Payable where she works and she doesn't pay a bill off 6
pages. She said she needs justification to pay this bill. We just don't
have it. If its here she hasn't gotten it on it hasn't been made
available. There are some things on this bill for $12,000. that are
highly questionable. It doesn't go along with the resolution. Doesn't
even belong to what they are calling an ordinance. She said there is
something gong on that they are paying this man for that we shouldn't
ask him to do and we shouldn't be paying him for.
Comments
'...~_.~
AUGUST 21, 1997
COITlIlents
Can't.
Councilmember Bialowarczuk said she will not vote to pay this bill. She
doesn't think tax payers in town should want to pay this bill. That's how
questionable what's on this bill is. The phone calls are more than half this
bill. More than $12,000 is phone calls to a Council member and Mr.
Stowell. There are other things on here she would like to bring out in
Closed Session at the next Agenda Meeting about things that are going on
in this bill that everyone should be aware of and there definitely needs to
be explanations for them.
She voted yes on the balance of the bills.
Councilmember DuPont said contrary to that nice little statement the bill
was presented at the last Agenda Meeting under normal standard
procedures and there were no comments then. There was a question on
1 item that was addressed. Its a very detailed bill. He believes that by
the time everything is resolved they will be happy. He voted Yes.
Mayor Peter J. Sica said he would like to make a statement. This is just
a bill. There is not product presented with it except for 9 pages of an
ordinance. If in fact there was a telephone conference on July I, 1997
with Mr. DuPont for $375.00, he thinks they should have a work product
before they pay him $ 375.00. What was discussed? It doesn't make any
sense. There's a bill for $ 15. just to leave a message for the Chief to
call. He didn't understand it. On July 8, 1997 there is a bill that Mr.
Stowell is doing some kind of investigating in the Police Department
because he's talking to Det. Sgt. Spector, Asst. County Prosecutor
Lawrence West and John DuPont. He thinks that was in reference to an
investigation he is conducting as to what was happening with one of our
Police cars at a certain time. He called up the prosecutor to see if he had
a right to look into that and he has every right in the world to look into
it. No ne can say he can't. He told them to take the letter they sent him
and it.
Mayor Peter J. Sica looking at the bill said there's a telephone conference
with Dep. Chief Dennis Nagy for $210.00. He said there are telephone
bills there that are unbelievable. Traveling to and from Coughlin's office
_ $600.00. He read "work on file, continue (inaudible) file, unilateral
work schedule changes", that constitutes an unfair labor practice. If the
Borough is negotiations with the Police Department about a contract and
in front of an arbitrator and now doing these kind of things, they are
going to be hit with an unfair labor practice. He read "Traveling time to
and from South Amboy conference with Craig Coughlin Esq; another
$600.00". "Telephone conference with Dep. Chief Dennis Nagy and
Telephone conference with client John DuPont". He said he didn't
remember John DuPont being in (inaudible) he thought it was the whole
council. "Work on ordinance rules and regulations, telephone conference
with John DuPont". He said he can't understand why he's working on
this ordinance while they are paying the Borough Attorney $ 60,000.00.
Attorney McGowan asked if that was what they were getting paid?
Mayor Peter J. Sica said at least sixty.
18
Attorney McGowan said he was glad to hear that and thanked him.
."J$..l~ioI<~:'-
Mayor Peter J. Sica said this is the same guy that did the job in
Nutley and got Nutley sued for a few million dollars. He said he
thinks he got thrown out of North Brunswick. He read "Work on
Order to Show Cause and Brief". He asked Attorney McGowan what
that was for.
Attorney McGowan said he couldn't answer him.
Mayor Peter J. Sica said show cause on what. We didn't hire him as
an attorney, did we?
Attorney McGowan said Mr. Stowell is an attorney.
Mayor Peter J. Sica asked the attorney if he saw the resolution hiring
him? It says to look at the operation. It doesn't say anything about
show cause orders. Show cause orders means he has to go to court.
Wouldn't he have to get that approved by us if he wanted to go to
court for something or is he already going to court and they don't
care.
Attorney McGowan said he couldn't answer why it was in the bill.
Mayor Peter J. Sica said then why are we paying you?
Attorney McGowan said he didn't do that. It's Mr. Stowell's bill. He
doesn't know what service he rendered.
Mayor Peter J. Sica said Attorney McGowan is the Borough Attorney.
Attorney McGowan said he wasn't the auditor.
Mayor Peter J. Sica asked him if he was advising the Council, at the
present time it was okay to pay this bill?
Attorney McGowan again said he was not the auditor. He asked if it
was in the budget. do they have the money with which to pay?
Councilmember DuPont said yes.
Attorney McGowan said if they are satisfied the services rendered
that's their decision. It's management's decision.
Mayor Peter 1. Sica said Attorney McGowan is the Borough's legal
representative and he is asking him for a legal opinion. Is it proper to
pay this bill based on the Resolution he just read to him that his office
drew up.
19
Attorney McGowan said he didn't know if Mr. Stowell rendered the
service to them. If the service was rendered and they have the money
with which to pay it, it is proper to pay it.
Mayor Peter J. Sica asked if it was in conjunction with the resolution
that Attorney McGowan's office drew up?
Attorney McGowan said that is a bill for services rendered.
AUGUST 21, 1997
Corrments
Con't.
AUGUST 21, 1997
Corrmen ts
Con't.
Mayor Peter 1. Sica said granted that is a bill for services rendered, but
is it in conjunction with the resolution?
Attorney McGowan said he wasn't the hiring authority. They are.
Mayor Peter 1. Sica said they were the legal authority that drew the
resolution up.
Attorney McGowan said he couldn't tell them whether they were satisfied
with the service or not. They have the legal right to pay it if they are
satisfied the services have been rendered.
Mayor Peter J. Sica said they have the legal right to pay it provided the
bill is in conjunction with the resolution that the Borough Attorney drew
up.
Mayor Peter J. Sica said he only wanted Mr. McGowan's legal opinion.
Is this in conjunction with the resolution his office drew up?
Attorney McGowan said only they can make that decision. They hired
him to make sure he could find what it is that's supposed to be rendered.
The Governing Body must determine whether they got their value of the
contract.
Mayor Peter J. Sica said there is a legal document called a resolution and
a legal document called a bill.
Attorney McGowan said he has never reviewed Mr. Stowell's bill. He
never reviews bills.
Mayor Peter 1. Sica said they will not pay it until such time the Borough
Attorney reviews it.
Attorney McGowan said his impression was that everyone on the Council
has reviewed the bill. They now need to make a management decision as
to whether the services were rendered.
Mayor Peter 1. Sica said that isn't the point. The point is this work what
we paid him for. He asked the Borough Attorney for his opinion on that.
The Clerk stated that she was in receipt of an application from St.
Demetrius concerning an Amendment to BL-1428.
Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous
affirmative vote of full Council present, it was ordered to be received and
placed on file.
20
;.:!iÞ ~iO"~1:"".-'_"",._""",_,,,,,,,,,-,,__,,, __ _
AUGUST 21, 1997
The Clerk stated that she was in receipt of a communication, from
Borough of Milton concerning Ordinance providing for inter-municipal
police assistance.
COt1iIUNlCATlONS
Borougb of
~Iill tOFn
Upon MMS&C, by Councilmembers Gutowski and Failace and
unanimous affirmative vote of full Council present, it was ordered to
be received and placed on file.
The Clerk stated that she was in receipt of a communication from
Middlesex County Department of Planning concerning Resolution
opposing proposed Permit Reform Act.
Middlesex County
Department of
Planning
Upon MMS&C, by Council members Gutowski and Failace and
unanimous affirmative vote of full Council present, it was ordered to
be received and placed on file.
The Clerk stated that she was in receipt of the following reports:
REPCRTS
Departr.1ents
Clerk's Office - July 1997
Fire - June 1997
Inspection of Buildings - July 1997
Treasurer - July 1997
Welfare - June and July 1997
Upon MMS&C, by councilmember Failace and Fazekas and
unanimous affirmative vote of the full Council present, all reports
were ordered to be received and placed on file.
BUILDINGS & GROUNDS: Committee Chairperson Bialowarczuk
said she and Patrick DeBlasio were going to have a meeting with the
Building Committee to discuss the outside of Annex Building. The
notices should go out next week. She reported progress.
Cocinittees
FINANCE & ADMINISTRATION: Committee Chairperson Failace
said the tax bills and sewer user bills went out over the last few
weeks. He didn't get as many phone calls as he did last year so he
assumes the people aren't as mad as they were last year. The sewer
user fee went down by at least $ 50.00. The tax bill probably went
up $ 35.00. So there was a net decrease in the two tax bills by $
15.00. It's not a lot of money, but it's not up $200.00 or $300.00 like
it was in years past. He reported progress.
21
AUGUST 21, 1997
Cœrnittees
Con't.
FIRE: Committee Chairperson Fazekas said the roof at the Firehouse has
been leaking for the last few years. Hopefully they will get bids on that.
He also spoke about funding for a fire truck. He hopes the sale of the land
will pay for it. He is looking into other ways - M.C. I. A. and also the
manufacturer.
Chairperson Fazekas said about I 1/2 months ago the Fire Superintendent
sent a letter about Conrail. For the past few years they have been
parking their trains causing problems. Mr. Greenberg sent a letter to
them stating the State Statutes. He is going to be monitoring that.
Depending on the time limit they are supposed to park. They are
suppression system. We are going to be monitoring that. If it appears
that they are parking these tanks there we are going to be fining them.
With that, moving right along.
PARKS & RECREATION: Committee Chairperson Gutowski said he
wishes to echo one thing that the Mayor said, the recreation building is on
line to open up September 1st. One of the things he wanted done when
he was running last year was the problems with the tanks be taken care of
and that has been done. He told the Mayor everyone appreciates the fact
he was down there and did that.
Committee Chairperson Gutowski said they are moving along with
improvements in the Parks. Dept. They have identified some sidewalks
in Carteret Park that will be repaired. Specification for the street hockey
rink have been received by Mr. Parmar. We will be looking at it at the
next Agenda Meeting and hope to go out for bids next month.
Committee Chairperson Gutowski said Ethnic Day is September 13. The
Little Miss Carteret Contest originally scheduled for August will take
place on Ethnic Day at 5 P.M. The Soap box Derby will probably be
postponed until October.
The Recreation Commission had a meeting and they are asking for more
volunteers to help. Volunteering takes a lot of time and effort. It's not
just for the kids. Its's for everyone in town. The Mayor has agreed to
Co-Chair the committee with him and they are looking for people to help
them and people with ideas. They will welcome any and all who want to
participate.
In addition, at the last Agenda Meeting he brought something up that was
very disturbing that was about the graffiti that has been showing up on our
buildings. They did the new building at the Recreation Center, the
Annex, the Bank and the Holy Family Building. He asked for a reward
to be put forward. The Mayor has offered a $500.00 reward for any
information leading to the capture of who ever is doing this graffiti. If
anyone has an idea who is defacing our buildings, please submit the
information to the Police Department, so we can find out who is doing it
and put a stop to it. The parks are open and operating.
22
,,",_~.:7:
"
AUGUST 21, 1997
Mayor Peter J. Sica said he got a call last night concerning the graffiti
and who painted that building. Now all we have to do is prove it. He
will meet with the Chief tomorrow and give him that name. If it
proves to be that person and we can make it stick, that person who
gave him the name will get the $500.00. They asked to remain
anonymous and he doesn't blame them.
Conu,ittees
Con't.
POLICE: Committee Chairperson DuPont said the copy of the
Ordinance will be in the Clerk's Office tomorrow. He said to get a
copy and read it. They will talk about it. He reported progress.
PUBLIC WORKS: Committee Chairperson Failace said they have
identified a few more streets to be paved. They talked about Post
Blvd. He hopes they get some grant money for that. Also for the
Industrial Road. They are looking at Harrison Avenue, Lexington and
Matthew. He has asked Mr. Parmar to get some prices on it. He
knows there is a lot to be done, but its a start. They certainly don't
have the cash to do them all at once.
Secondly, he is sure everyone has read the papers over the last week
about the hours down in the garage. He would like to state that the
hours they are working there they have been working for years. The
guys work very hard and don't come off the truck until the recycling
is picked up. There was something in the paper about overtime. The
Recycling Dept. has 4 hours overtime this year. These guys work
hard and he doesn't think they should be chastised over what you read
in the paper. The Mayor has called the paper a rag many times. He
has tried not to say that, but he is starting to think that is true. Don't
always believe what you read in the newspaper. He reported
progress.
MUNICIPAL GARAGE: Committee Chairperson Feingold said as
former Police Commissioner for 1995 and 1996 he commended the
Police Officers in attendance. He said it was interesting that Mr.
DuPont should have to talk about the Ordinance. What they ought to
do with it is burn it. This should never even come before the Council
especially with the language that is in there. Section 7 is just
ludicrous. To even intimate and apply that the Appropriate Authority
should have (inaudible) day to day operations of the Police Department
he thinks its ridiculous. It's interesting that the Police Officers don't
leave when we stop talking about what directly affects them. They
stay for the whole meeting. Most of them live in town. Most of these
guys care about the town.
23
AUGUST 21, 1997
Corrmittees
Con' t.
If this ordinance is adopted it will have an effect on the moral of these
guys. In 1995 and 1996 he saw the moral go form ground zero up to a
10. This is only going to bring it back down. That hurts everybody in
this room. It hurts the whole town. Needless to say they should talk
about this. Everyone knows what's going to happen. This will be
adopted and then we will see some real problems and some real
mismanagement.Real tragedies are going to happen in this Borough and
it will effect everyone. He said it on January 1, 1997 they need someone
with experience. The 1st thing they did was take away the power of the
Mayor being the Appropriate Authority. Someone with a lot of years
experience doing this. They took it upon themselves. This looks like a
dictatorship to him. It doesn't look like good government. He
commended the Police for coming out tonight and showing their support.
He reported progress.
Mayor -
Planning Board
Appointment
Mayor Sica said he was going to hold the appointment for the Planning
Board until the next meeting. He turned the meeting over to Council
President Gutowksi.
Mayor Sica
Noted Absent
Mayor Sica was noted absent from the dais at approximately 8:20 P.M.
rlEETING OPENED:
Public
Discussion
Upon MMS&C by Council members Failace and Fazekas and unanimous
affirmative vote of the full Council present the meeting was opened to the
public.
G. Stowell's
Bill
PETER SICA directed his question to Mr. Gutowski on the payment of
Bills. On July 23, 1997 there is a bill for $75.00. and another bill
for$705.00. on that date. It comes to a total of $780.00. and its for work
in file; research statutory NJAC provision to reduction of force. He asked
Mr. DuPont who are they paying off in the Police Department?
Councilmember DuPont said at this point no one.
Mr. Sica asked what did they pay $780.00 for? To tell us we weren't
going to lay anyone off?
Councilmember DuPont said they are not laying off anybody.
Police
Ordinance
Mr. Sica asked how come in the Ordinance it says they could possibly
reduce all the Sergeants and everyone has to take a course on new
(inaudible).
Council member DuPont said this isn't supposed to be for discussion.
24
· ':'."
AUGUST 21, 1997
Mr. Sica asked why it wasn't for discussion? He is not hear as the
Mayor. He is here as a substantial taxpayer.
Public Discussion
Con' t.
Police Ordinance
He doesn't think they have to lay-off Police now or why we are
spending our money to find out if we should or shouldn't. If we make
a determination that we don't need policeman, then we will lay them
off. He has no problem with that. He doesn't think they have to have
someone from the outside come in telling us how to do it for $780.00
and only talking to Council member DuPont. He asked him if he
didn't think something as important as that Mr. Stowell should have
come in.
Council member DuPont was inaudible.
Mr. Sica asked then why are they paying $780.00 to tell them that.
Councilmember DuPont said Mr. Stowell is working on a document
for them and will attend the next Agenda Meeting. He will follow
proper procedure on the introduction of the document.
Mr. Sica asked Councilmember DuPont if he was sure they weren't
laying anybody off, but he discussed it with Mr. Stowell and told him
they weren't laying anybody off. That cost us $780.00.
Councilmember DuPont said if Mr. Sica read that it doesn't say
discuss lay-off with John DuPont.
Mr. Sica said lets say exactly what it says: Work on ordinance and
rules and regulations, telephone conference with John Dupont, work
on file, research statutory NJAC Provisions to reduction of force.
Councilmember DuPont said two paragraphs, two separate ideas. He
was absolutely correct.
Mr. Sica asked if they talked about laying-off people.
Councilmember DuPont said he didn't talk about laying people off.
Mr. Sica asked then why did they pay $75.00 for that.
Councilmember DuPont said if anything they need more patrolmen.
He thinks that's obvious.
Mr. Sica said not according to that ordinance. He said he could go on
and on with all the phone call to Mr. DuPont for $4,000.
25
Andy Tarrant, Police Officer speaking on behalf on P.BA,. Local 47.
First he would like to address the point of harassment. He doesn't
believe any Police Officer in this borough harassed anyone. Guys
have heard certain things and they are upset about it. They were
initially under the understanding that there was a report made making
(inaudible) of the Police Department. They got a call that it was going
to be in Ordinance from. The bill was for $12,000. The Police
Officer wanted to see the report not the ordinance.
AUGUST 21, 1997
Public
Discussion
Con't.
Police
Ordinance
Under the impression of they got a $12,000. bill there must be a report
generated so the Council could generate an ordinance.
That's why they are upset. They contacted their labor negotiation and he
said if in fact there is a report, taxpayers are paying for it, it should be
available to the public. There was a misunderstanding between those
Police Officers and the Clerk's Department. He apologized to the Clerk's
Office if they were to unruly. He was at the Clerk's Office this afternoon
and spoke to Marlena Rytel. He didn't have any problem. Mrs. Rytel
explained to him that the Council may not have even seen the ordinance
themselves and that is why it isn't made available to the public. Mrs.
Rytel told him there would be twenty copies available at the meeting.
There was no problem there.
Mr. Tarrant stated he had a chance to look at it and he thinks it's a
disgrace. $25,000. wasted when Police Officers are two years without a
contract, $25,000. to have some guy come in here who has caused
problems through the County. He didn't understand it. There are Police
Officers, through the Chief of Police, initiate a bicycle squad. They
donate $10,000. of salary time to be trained. Free for the Borough of
Carteret because the Chief okayed the program. This Police Department,
after ten years of some very difficult times has come to a partial healing
process.
The Chief of Police and members of the Police Department are pretty
much in conjunction with one another. He told the Council they were
getting top service in this town. Project Baltimore has recently been
initiated. We have Bike Patrol. They all tell us they love the projects and
then they come and smack them in the face trying to take away the
authority of the Chief of Police, Police Officers.......... They are
stepping on contracts with their union, the Dispatchers ............. He
doesn't understand how they can bring somebody in and throw them
$25,000. He said he was a taxpayer in this town. Who would initiate
such a thing when they don't have a contract in the Police Department.
He asked if there was a problem with the Police Department? Finally
after ten years of serious problems they are on a mending track. The
Chief of Police is working hard within the Department. They are all
working together. He doesn't understand how this can come to pass. He
doesn't understand how they can make an ordinance when they don't have
a report. Put it up for adoption when they don't have a report to look at.
Councilmember Bialowarczuk said she asked for a report and didn't get
one.
Mr. Tarrant said that was the miscommunication with the Police Officers.
They felt they were entitled to a report. He said as far as it goes he
doesn't know where the Council is going with this. If it takes Police
Officers to come to the meetings and ask questions, they will be here. He
said if thy have questions, they can come and address them at the
bargaining table, which they refuse to do. They can address them here,
which apparently they are refusing to do. He said the Police Chief put
together some programs and the department is running smoother than it
has. He said that piece of paper has one intention, to abolish the position
of Chief of Police. He said that was the Council's intention. 26
Ä.....::"': _~...,
AUGUST 21, 1997
He said they had somebody who was self-serving doing the report so
they could abolish the position and give him a job, we have a Chief
of Police whether you like him or don't like him. He's the Chief of
Police. He said if the Council thinks they are going to ram this down
their throats, they ar not going to. He said they will be here.
Public Discussion
Can't.
Police Ordinance
JESSIE BAGALA said she has lived in Carteret all her life. Up until
ten years ago there was a good Police Department and the last ten
years, she didn't think there was a better on in New Jersey. She
asked why don't they leave them along. What do they want from
these boys. Every time they are called, they are there. She asked the
Council why they were doing all this? She asked for an explanation.
Councilmember DuPont said once they get the ordinance and they read
it they will have the answers to their questions.
Ms. Bagala said she was asking him. She asked him what did they do
wrong. Could they tell her one thing.
Councilmember DuPont said they are not disciplining the Police
Department. They ar not coming down on them just by action. There
is a prepared ordinance. He told her to get a copy of the ordinance
and tell him what lines offend her on the Police Department and he
will discuss it.
Ms. Bagala said she was a taxpayer and the Council should leave the
Police alone. She is sure they are doing a good job.
ANDY MAZON, President, St. Demetrius Men's Club.
He wanted to say one thing about Ordinance 97-26. First of all we
have a Police Department in this town. He believes they are the finest
officers in the state. When people ask him how come they never hear
anything about the Carteret Police Department. He stated that most
of the time these are people they have grown up with who understand
their problems. He said the Chief was a worker with his mother at
Metro Glass Dogs. He feels its a big mistake to try and take away the
Chiefs' power. He is totally against it. It ain't broke, why fix it? He
urged the Council not to go any further with this ordinance.
At approximately 8:30 P.M., Mayor Peter J. Sica was noted present
on the dais.
Nayor Sica
Noted Present
Mayor Peter J. Sica asked the Borough Attorney if it was against the
law to incur a bill prior to an appointment on prior to money being
appropriated?
27
Borough Attorney McGowan said yes.
AUGUST 21, 1997
Public
Discussion
Con't.
Police
Ordinance
Mayor Peter J. Sica said the bill he has says, May 14, 1997 - work on
file; prepare resolution and contract $ 150.00.
May 29, 1997 - travel to and from Borough Hall; conference with client
$720.00. He said they didn't hire the guy until June 5, 1997. He asked
how did that happen?
Borough Attorney McGowan said that sounded like it should be a billing
question.
Mayor Peter J. Sica said the Council just okayed it for payment and he's
supposed to sign it tomorrow. Good thing he isn't going to sign it. It
will save these guys from having a big problem.
Councilmember DuPont told the Mayor he was always a help.
Mayor Peter J. Sica told Councilmember DuPont that he approved the
bill. He signed It.
Councilmember DuPont said actually he is going through it now and the
1 st date he sees is J ul y I st.
Mayor Peter J. Sica asked him if he was looking at a different bill.
Councilmember DuPont said the bill he received in his mailbox said 1st
date is July 1st.
Mayor Peter J. Sica showed Councilperson DuPont the bill he was
referring to.
Councilmember DuPont directed the Municipal Clerk to make sure it was
the one the Council had.
Mayor Sica said the bill he has says something was done on May 14th.
He suggested maybe Mr. Stowell is mistaken. Somehow Mr. Stowell was
working for us on May 14th and 29th and we are going to pay him $
870.00.
DENNIS McFADDEN - Police Officer asked about the show cause Mr.
Stowell worked on. He wanted to know what was that about.
Councilmember DuPont said he believed that was a closed topic.
Mr. McFadden said they have a bill for it. They paid for it. Why is it
closed?
Mayor Peter J. Sica said hell would freeze over before he signed it.
Mr. McFadden asked if he was entitled to know what this was for?
Borough Attorney McGovern said if it's a matter under closed session, no
not at this point.
Councilmember Bialowarczuk said Mr. DuPont and Mr. Stowell are the
only two people who know. He's the client, not the Borough of Carteret.
28
AUGUST 21, 1997
Mayor Peter J. Sica asked Council member Feingold if he knew what
it was about?
Public Discussion
Con' t.
Police Ordinance
Councilmember Feingold said he had no idea.
Mayor Peter J. Sica asked Councilmember Fazekas if he knew what
it was about.
Councilmember Fazekas said no.
Mayor Peter J. Sica asked Councilmember Bialowarczuk if she knew?
Councilmember Bialowarczuk said no and she asked about it.
Mayor Peter J. Sica asked Mr. Failace who also said no. He the said
it was clear that only the two know about it.
BARRY AUKER said he had no intentions of speaking, but felt
compelled and give them the full spectrum of what they are about to
do. He has been a Police Officer for twenty years in the Borough of
Carteret. He considers himself a professional. He is a member of the
County Hostage Rescue Team. They are supposed to be the elite in
the County. He is also very close and works with the Edison Police
Department. He know Police Officers throughout the entire state. He
has seen the good and the bad in this Department. He hopes the
Council realizes what they are about to do to the morale. Mr. Stowell
might be good with the figures, but he has not addressed the morale
affect this is going to have on this Police Department. When morale
is high, which is where they are now, these guys will literally give you
their blood if you ask for it. When morale is low they will get
nothing. That's where they are headed right now. They are going to
bring morale to an all time low. This is the worst he has ever seen it
about to become. If they want to be responsible for doing that , just
pass this ordinance. If they think this isn't gong to effect morale and
devastate this Police Department, they better think again. In the long
run it will effect the Council and every single person in the Borough
of Carteret.
Mayor Sica said on the Payment of Bills, it says they are going to pay
Invoice 8981 for $12,658.15. The bill he has totals $12,658.15. He
asked how could it be the same if he has other pages and Mr. DuPont
doesn't. Something is wrong. They both can't total $12,658.15 if
Mr.DuPont has a missing bill of $700.00. They discussed the bill in
detail. He told the Council they should hold that bill for study.
Borough Attorney McGowan said when the Mayor was in the audience
he read two bills. One for $705.00 and one for $75.00. He asked if
that was a previous bill paid? He asked if this was the only bill
submitted? He said he thinks the Council needs to review that bill.
29
Mayor Sica said that they should go back into the Regular Meeting
and hold this bill for study. He said somebody was going to have a
serious problem here.
AUGUST 21, 1997
Public
Discussion
Con' t.
Police
Ordinance
Mayor Sica said on the Payment of Bills it says they are going to pay
Invoice 8981 for $12,568.15. The bill he has totals $12,568.15. He asked
how could it be the same if he has other pages and Mr. DuPont doesn't?
Something is wrong. They both can't total #12,568.15 if Mr. DuPont has
a missing bill of seven hundred and some dollars. They discussed the bill
in detail. He told the Council they should hold that bill for study.
Borough Attorney McGowan said when the Mayor was in the audience he
read two bills. One for $705.00 and one for $75.00. He asked if that was
a previously paid bill? He asked if this was the only bill submitted? He
said he thinks the Council needs to review that bill.
Mayor Sica said they should go back into the Regular Meeting and hold this
bill for study. He said somebody was going to have serious problems here.
~IEETING
CLOSED
Upon MMS&C, By Councilmembers DuPont and Feingold and unanimous
affirmative vote of the full Council present, the public portion of the
meeting was closed at approximately 8:40 P.M.
Sto\7ell Bill
Held for Study
Upon MMS&C, by Councilmembers Bialowarczuk and Feingold and
individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace,
Fazekas, Feingold and Gutowski voted in the affirmative to hold Mr.
Stowell's bill for study.
HEETING
OPENED
Upon MMS&C, by Councilmembers Failace and Bialowarczuk and
unanimous affirmative vote of the full Council present, the meeting was
opened for public discussion at approximately 8:42 P.M.
Public
Discussion
Police
Ordinance
TOM STIGLIC said he had a basic question on Ordinance #97-26. Why?
Why create an ordinance when they already have one?
Mayor Sica said the ordinance they have is being abolished by this one.
There are certain ordinances being abolished by this one. One of the
ordinances that we are abolishing we don't even have. He didn't want to
put them at a disadvantage here. There's an ordinance in there called 89-4.
We don't have 89-4. It becomes a very intricate part of this ordinance.
So, even the first reading is now illegal because the ordinance will have a
subsitive change due to the fact there is no ordinance 44 and there is only
one 41.
30
-...............~--
JOHN SUDIA, a resident of the Borough and also a member of the
Honorary P.B.A. and President of the Associated Membership Lodge
90 of the Fraternal Order of Police. He has been in Carteret for
approximately 50 years. The Police Department has worked at it's best
for the most part of those 50 years. With just a limited review of the
ordinance he suggested the ordinance should go back to the Attorney
and have him totally review it. He asked the Mayor if he remembered
some years ago when the Mayor tried to interfere with the Police
Department (inaudible). He remembers the Mayor being told not to
interfere with the Police Department. He said to send it back for
review and have the legal minds look at it and see if it is necessary. He
believes the majority of people in Carteret don't believe it's necessary.
We have a great Police Department with dedicated people. We have
many police personnel in this town who have been asked for their
advice in the State of New Jersey and throughout the county. He again
suggested that they totally reconsider it.
ANTHONY FIORE, 15 Louis Street said he read an article in the
Home News Tribune dated Friday, August 15, 1997 which said "Work
days too short grievance reveals". He would like to first echo the
sentiments of Mr. Failace and agree that these men do a good job in the
Recycling Department and the Streets and Roads Department of this
town. They work very hard and he will not dispute that. He is not
going to blame these men for working less hours. As Mr. Failace has
said this has been going on for years. If he could work 7 hours and get
paid for 8, he would do the same thing. It doesn't mean somebody is
not accountable. In doing a little research after reading this article, he
has made a couple of findings, which are his opinions and he would like
to submit them to the Council. At this time Mr. Fiore handed the
Council his findings. He said by the Department working less hours
than they are supposed to, and it is a disputed fact whether it's seven
hours or seven and one half hours because of a disputed lunch time, his
opinions show that just taking a half hour a day from the department,
from the town's people, from the taxpayers, over the course of one year
the borough loses in excess of $25,480.00 per year. If they say it has
been going on for many years, over three years it would cost the
taxpayers $76,440.00. Over ten years $254,800.00 is being paid to
workers that are not working. He would like the Council to investigate
this. These men shouldn't be accountable, but somebody is and that
would have to be the supervisor of the department. If the supervisor of
that department has let his men work less hours than they are being paid
for, then the supervisor of that department should be terminated.
Actions should be taken for the money that was lost. He hopes they will
look into this matter.
31
Councilmember Failace said he would like to address this because he
thinks there is a disparity and the Mayor will agree with this because
they discussed it the other night. The men are working 81/2 hours a
day. They take their lunch and are on the street 8 hours a day. They
talæ their wash-up in the morning and their wash-up in the afternoon,
they are on the street 71/2 hours a day. These guys are 'not stealing time
from the borough, but working through lunch and not taking their
wash-up time and staying out until the job was finished and it still gave
them 71/2 hours a day. They have completed their day the same as if
they would have had their lunch and a break.
AUGUST 21, 1997
Public Discussion
Con't.
Police Ordinance
Recycling {;,
Streets & Roads
AUGUST 21, 1997
Public
Discussion
Con't.
Streets &
Roads
Recycling
Mr. Fiore said according to Mr. Vitale in the article, who is a worker in
the Streets & Roads Department, he states they do take two 15 minute
breaks.
Councilmember Failace said maybe that is what Mr. Vitale said, but he
went down to the garage and spoke to all the workers and they told him
they didn't.
Mayor Sica said they should look at the numbers and discuss it.
Council member Failace said it was disparaging to the workers.
Mr. Fiore said he is not disparaging the workers. He is saying they do a
good job.
Councilmember Failace said or the supervisor.
Mr. Fiore said if there are workers that will come forward and say they
take the breaks and there is time missing. He hopes they will take
appropriate action with the supervisor.
Councilmember
Feingold Noted
Absent
At approximately 8:48 P.M., Councilmember Feingold was noted absent.
Councilmember Bialowarczuk said she understood what Mr. Fiore was
saying and had done a little investigating on her own. For the last two
weeks she has asked questions and feels this Council should investigate this.
It's not the borough workers, but somebody is responsible. Taxpayers have
lost a lot of money and she knows who is responsible. some one that was
here in the past and now she wants an answer. She put a letter together
today to the State Attorney General's Office. she wants someone to come
in here and look at this and she wants answers. She has waited two weeks
to see what was going to go on with this and she has made the statement
twice that there should be an investigation. So far there hasn't been any,
so that is the route she is taking.
Mayor Sica said his only problem is if in fact this happened and we got our
trash all picked up, if this Council agrees, he has not problem with that, but
it has to be properly done. They just can't change the rules. If the contract
says it, he has no problem with letting them do the work and going home.
He does have a problem if it is not so. If they are supposed to be working
until 4:30 P.M. and we let them go home at 3:30 and they are driving
down the street and have an accident, are we subject to a lawsuit?
Borough Attorney McGowan said if their practice is that they normally
leave at 3:30, the borough has a defense. Are you subject to a lawsuit?
The answer is yes. You are always subject to a lawsuit. He said he thinks
they can defend against it if the practice is changed from the contract.
32
Mayor Sica said the contract says they get paid until 4:30. He went
through this before. The guy left and got into an accident, and the borough
got stuck paying compensation because he was still on the payroll until
4:30.
Borough Attorney McGowan said he was right about that. Had the
practice changed from the contract and been in effect over a period of
time, at that point, the borough would have a defense although the
contract says one thing and in fact the practice is different. The
practice would prevail at that point.
Mayor Sica said that if the practice was (inaudible), by the borough
official.
Borough Attorney McGowan said if they knew one guy was sneaking
out that is different than the entire work force leaving.
Mayor Sica said they would look into it.
PATRICK CRILLEY said at the Agenda Meeting the Council
mentioned time clocks. He asked if they had done anything about that?
Councilmember Failace said he got some numbers and will give them
to Gloria Goodrich and have her look into it. It was addressed. As for
now, they told them at the last meeting they had that they would work
their hours from 8 to 4:30.
DENNIS McFADDEN said he understood there was a report by Mr.
Stowell that was brought up at the Agenda Meeting. He wanted to
know if that was now available?
Mayor Sica said he never saw a report.
Councilmember Failace said that was the working ordinance.
Mayor Sica said the only thing they ever got was that ordinance that
was here tonight and a bill for $12,658.18. He has never seen any work
product. That is why he is asking how the Council could vote on the
bill. There is a telephone call that Mr. Stowell charged us $700.00 for.
He has no substance as to what the telephone calls were about. He
doesn't know what the bill is for.
JESSIE BAGALA asked about the business of workers going home at
3:30. Is it because they work hard?
Mayor Sica said that was not what was said.
Mrs. Bagala said that is what Mr. Failace said.
Councilmember Failace said he did not.
33
Mrs. Bagala said if you have a man working for you and you know he
is taking something what do you do?
Mayor Sica said if it was him he would be mad.
Mrs. Bagala asked what would he do as a businessman?
Mayor Sica said he would fire him.
AUGUST 21, 1997
Public Discussion
Con't.
Streets f, Roads
Recycling
Time Clocks
Police Ordinance
Streets & Roads
AUGUST 21, 1997
Public
Discussion
Con' t.
Streets &
Roads
Mrs. Bagala said she is not blaming the men. If the boss tells the men to
go home at 12:00. If her boss told her to go home she would do it.
Whoever gave them permission should be punished. She didn't care what
the Council said, this is stealing, It's stealing from the taxpayers of
Carteret. She said tomorrow morning if nothing is done she will contact the
Attorney General's Office.
Mr. Fiore said Mr. Failace made a point that these guys don't take there
lunch and work through it. He asked the Borough Attorney if it wasn't a
state law that you must take a lunch after a certain amount of time?
Borough Attorney McGowan said that was his understanding.
Mr. Fiore said there is a violation there and they should act on it.
Police
Ordinance
DENNIS McFADDEN asked about the show cause. He said no one has
any knowledge of it except the Council people. He wants to know why he
can't find out what it's about.
Borough Attorney McGowan said the reason is if it's in preparation for
some kind of legal advice that anticipates some action or some anticipated
litigation, it is a matter of closed session. Unfortunately, only two people
seem to know about it at this point and it obviously needs to be reviewed
in executive session by the Mayor and Council. Once it is not involving
anything subject to closed session then obviously, the public has a right to
know what the bill is for. If there is a particular private nature that has to
do with the governing of the municipality then it can't be disclosed at this
point.
Mayor Sica said he agreed with the Borough Attorney with 90% of what
he was saying. The unfortunate thing is we are called upon here tonight to
pay a substantial bill of $12,658.18. If in fact some of that is going to be
in litigation then prior to the Council voting on any bill they should know
what the litigations is and do we want to proceed with this kind of
litigation. His understanding of Mr. Stowell is that he comes into the town
he is working in, stirs things up and drives his legal bills up to tons of
money. This could be the same thing happening here. As he understands
it that is the part of the problem in the Nutley suit. He opened up a
Pandora's Box and now Nutley is into legal situations where they are going
to have to defend Mr. Stowell's açtions. It's going to cost a tremendous
amount over and above the $20,000 just in legal defense the police officers
have instituted against the town for violation of their 14th amendment. If
this show cause order is of such magnitude that that also can happen at that
point in time, they shouldn't be voting on anything. We didn't authorize
him to go to any courts or show cause orders. If in fact he has opened
Pandora's Box it might be too late and we may be sued for millions of
dollars when they find out what this show cause order was all about.
34
JEAN DATO said it was her first time at one of these meetings and was
wondering about the procedure they are going through. Evidently they
must have had some major problems within the Police Department for
them to order such a review. She is wondering if the people should
know what is going on within. To spend all this money on reviews
such as this and she thinks it's going to be big, there must be something
going on. She said it feels like there is something else that the public
is not privy to at this point. She moved back into town after being
away and was proud to see that there was a Bicycle Patrol. She was
telling everyone she knew what a great department it was. She had a
problem in town and the police responded immediately. She said if the
Council had a major problem with the Police Department, the public
should know. If we are giving them accolades that they are so good
and they are not, the public should know about it. If they are, then
they should get the accolades. She thinks they have a great police
department and if it's not broken, don't fix it.
Mr. McFadden said no one answered the question.
Mayor Sica said he can't answer it.
An unknown person said let Councilmember DuPontanswer it.
Borough Attorney McGowan said he would like to respond to what the
Mayor raised previously. The references to Chapter 4 Administration,
he also refers to Chapter 42, which the Mayor is correct in the Police
Chapter. That is the primary Police Chapter, apparently the references
are accurate.
Mayor Sica said we don't have 89-4.
Borough Attorney McGowan said that was a 1989 ordinance.
Mayor Sica said it was abolished. We don't have 89-4.
Borough Attorney McGowan said whatever their 4th amendment to the
Code was in 1989 is what Mr. Stowell is referring to.
Mayor Sica said we don't have one.
Borough Attorney McGowan said they must have had 4 amendments to
the ordinance in 1989.
Mayor Sica said if it is not in that book, then we don't have it.
Borough Attorney McGowan said they would talk about it in Closed
Session.
AUGUST 21, 1997
Public Discussion
Con't
police Ordinance
35.
AUGUST 21, 1997
ADJOUNED
Upon MMS&C, by Councilmembers Fazekas and Bialowarczuk and
unanimous affirmative vote of the five (5) Councilmembers present, there
being no further business or discussion, the meeting was adjourned at
approximately 9:00 P.M.
Respectfully submitted,
~~d;,--;æ>l4~
IG\THLEEN M. BARNE~'J
Municipal Clerk
KMB/aed