HomeMy Public PortalAbout1997/10/02
OC'lœER 2, 1997
The Regular Meeting of the Mayor and Council of the Borough of
Carteret was called to order by Mayor Peter 1. Sica, 7:30 P.M.,
Municipal CourtlPolice Facility, 230 Roosevelt Avenue, Carteret,
New Jersey on Thursday, October 2,1997.
REGULAR MEEITNG
Upon individual roll call vote, the following were noted present:
ROLL CALL
Councilmember:
"
Bialowarczuk
DuPont
Failace
Fazekas
Feingold
Gutowski
"
"
"
"
Noted absent was the Borough Attorney Craig Coughlin.
The meeting was opened with a oùnute of silent prayer and the pledge
of allegiance led by Mayor Peter 1. Sica.
PRAYER ,
PLEDGE OF
ALLEGIANCE
The Clerk stated that on September 26, 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.
STATt2!ENT
OF
MEETING
Upon MMS&C, by Councilmembers Failace and Feingold and
unanimous affirmative vote of the full membership present, the
minutes of May 15, 1997 were approved as transcribed and engrossed
by the Clerk.
APPROVAL
OF
MINUTES
The Mayor presented Certificates of Merit to the following for their
actions regarding a fire at 86 Washington Avenue:
CERTIFICATES
OF
MERITS
Lt. Barry Auker
Sgt. Gary Guiliano
Patrolman Robert Spolizino
Patrolman John Rivers
Patrolman Charles Kitz
Ordinance # 97-34 was introduced and adopted on First Reading and
the Clerk authorized and directed to advertise same for Public Hearing
to be held October 16, 1997, upon MMS&C, by Councilmembers
Failace and Fazekas.
ORDINANCE '97-34
AU'l'EICRIZING PURCHASE
OF CERTAIN REAL
l'R(PmTY RE:COOKE
AVENUE.
Upon individual roll call vote, Councilmembers Bialowarczuk,
DuPont, Failace, Fazekas, Feingold and Gutowski voted in the
affirmative for the adoption.
FIRST
READING
L
/
OCTOBER 2, 1997
ORDINANCE # 97-34
"ORDINANCE AUTHORIZING THE PURCHASE OF
CERT AlN REAL PROPERTY"
ORDINANCE 197-35
AMmJ)ING ORDINANCE
'94-23 RE: TAX
ABATEME1'IT &
EXEMPTIOO æœ
TAPE
ORDINANCE # 97-35 was introduced and adopted on First Reading
and the Clerk authorized and directed to advertise same for Public
Hearing to be held October 16, 1997, upon MMS&C, by
Councilmembers Failace and DuPont.
FIRST
READING
Upon individual roll calI vote, Councilmembers Bialowarczuk,
DuPont, Failace, Fazekas, Feingold and Gutowksi voted in the
affirmative for the adoption.
ORDINANCE # 97-35
"ORDINANCE AMENDING AND CORRECTING
ORDINANCE # 94-23"
ORDINANCE '97-33
BOOD ORDINANCE -
FIRE TRUCK
The Clerk stated that Ordinance # 97-33 was introduced and passed
upon First Reading at a Regular Meeting of the Borough Council of
the Borough of Carteret held on September 18, 1997. It was duly
published in The Home News & Tribune on September 23, 1997 with
notice that it will be considered for final passage after Public Hearing
to be held on October 2, 1997 at approximately 7:30 P.M The
Ordinance was posted on the bulIetin board and copies were made
available to the general public and according to law, she read the
Ordinance by title.
PUBLIC
HEARING
Upon MMS&C, by Councilmember Failace and Fazekas and
unanimous affirmative vote of the fulI membership present, the Mayor
declared the Public Hearing to be open:
HEARING
CLOSED
There being no comments or objections to the Ordinance, the Mayor
declared the Public Hearing to be closed upon MMS&C, by
Councilmembers Failace and Fazekas and unanimous affirmative vote
of the fulI membership present.
ADOPTED
Upon MMS&C, by Councilmembers Gutowksi and Failace Ordinance
#97-33 was finally adopted. Upon individual rolI-calI vote,
Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold
and Gutowski voted in the affirmative for the adoption.
Approved and Adopted:
Introduced:
Advertised as adopted on
First Reading with Notice
of Public Hearing:
Hearing Held:
Approved by:
Advertised as finalIy
adopted:
October 2. 1997
September 18. 1997
September 23. 1997
October 2. 1997
Mayor Peter J. Sica
October 14. 1997
2.
OCTOBER 2, 1997
ORDINANCE # 97-33
BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF
A FIRE TRUCK AND RELATED EQUIPMENT IN AND BY THE
BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX,
NEW JERSEY, APPROPRIATING $650,000. THEREFOR AND
AUTHORIZING THE ISSUANCE OF $500,000 BONDS OR
NOTES OF THE BOROUGH TO FINANCE PART OF THE COST
THEREOF.
ORDINANCE 1 97-33
Cont'd
BE IT ORDAINED BY THE BOROUGH COÙNCIL OF THE
BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX,
NEW JERSEY (not less than two thirds of all members thereof
affirmatively concurring) AS FOLLOWS:
Section: 1. The improvement described in Section 3 of this
bond ordinance is hereby authorized to be undertaken by the Borough
of Carteret, New Jersey as a general improvement. For the
improvement or purpose described in Section 3, there is hereby
appropriated the sum of $650,000, including the sum of$150,000 as
the down payment required by the Local Bond Law. The down
payment is now available by virtue of provision for down payment or
for capital improvement purposes in one or more previously adopted
budgets.
Section 2. In order to finance the cost of the improvement
or purpose not covered by application of the down payment,
negotiable bonds are hereby authorized to be issued in the principal
amount of $500,000 pursuant to the Local Bond La'¥. In anticipation
of the issuance of the bonds, negotiable bond anticipation notes are
hereby authorized to be issued pursuant to and within the limitations
prescribed by the Local Bond Law.
Section 3. (a) The improvement: hereby authorized and
the purpose for the financing of which the bonds are to be issued is the
acquisition of a fire truck and related equipment.
(b) The estimated maximum amount of bonds or
notes to be issued for the improvement or purpose is as stated in
Section 2 hereof.
(c)
purpose IS
therefor.
The estimated cost of the improvement or
equal to the amount of the appropriate herein made
Section 4. All bond anticipation notes issued hereunder
shall mature at such times as may be determined by the chief financial
officer; provided that no note shall mature later than ,one year ITom its
date. The notes shall bear interest at such rate and be in such form as
may be deternùned by the chief financial officer. The chief financial
officer shall determine alI matters in connection with notes issued
pursuant to this ordinance, and the chief financial officer's signature
upon the notes shall be conclusive evidence as to all such
determinations. All notes issued hereunder may be renewed ITom time
to time subject to the provisions ofNJ. S. A. 40A:2-8(a). The chief
financial officer is hereby authorized to selI part or all of the notes
from time to time at public or private sale and to deliver them to the
purchasers thereof upon receipt of payment of the purchase price plus
accrued interest ITom their dates to the date of delivery thereof.
3.
OCTOBER 2, 1997
ORDINANCE I 97-33
Cont'd
The chief financial officer is directed to report in writing to the
governing body at the meeting next succeeding the date when any sale
or delivery of the notes pursuant to this ordinance is made.
Such report must include the amount, the description, the interest rate
and the maturity schedule of the notes sold, the price obtained and the
name ofthe purchaser.
Section 5. The capital budget ofthe Borough of Carteret
is hereby amended to conform with the provisions of this ordinance to
the extent of any inconsistency herewith. The resolution in the form
promulgated by the Local Finance Board showing fulI detail of the
amended capital budget and capital program as approved by the
Director of the Division of Local Government Services is on file with
the Clerk and is available there for public inspection.
Section 6. The following additional matters are hereby
deternùned, declared, recited and stated;
(a) The improvement or purpose described in
Section 3 of this bond ordinance is not a current expense. It is an
improvement or purpose that the Borough may lawfulIy undertake as
a general improvement, and no part of the cost thereof has been or
shall be specialIy assessed on property specialIy benefited thereby.
(b) The period of usefulness of the improvement
or purpose within the limitations fthe Local Bond Law, according to
the reasonable life thereof computed ITom the date of the bonds
authorized by this ordinance, is 10 years.
(c) The Supplemental Debt Statement required by
the Local Bond Law has been duly prepared and filed in the office of
the Clerk, and a complete executed duplicate thereof has been filed in
the office of the Director of the Division of Local Government
Services in the Department of Community Affairs of the State of New
Jersey. Such statement shows that the gross debt of the Borough as
defined in the Local Bond Law is increased by the authorization of the
bonds and notes provided in this bond ordinance by $500,000, and the
obligations authorized herein will be within all debt limitations
prescribed by that Law.
(d) An aggregate amount not exceeding $65,000
for items of expense listed in and pernùtted under N.J. S.A. 40A:2-20
is included in the estimated cost indicated herein for the purpose or
improvement.
Section 7. An grant moneys received for the purpose
described in Section 3 hereof shalI be applied either to direct payment
of the cost of the improvement or to payment of the obligations issued
pursuant to this ordinance. The amount of obligations authorized but
not issued hereunder shall be reduced to the extent that such funds are
so used.
Section 8. The fulI faith and credit of the Borough are
hereby pledged to the punctual payment of the principal of and the
interest on the obligations authorized by this bond ordinance. The
obligations shalI be direct, unlimited obligations of the Borough, and
the Borough shalI be obligated to levy ad valorem taxes upon all the
taxable real property within the Borough for the payment of the
obligations and the interest thereon without limitation of rate or
amount.
4.
OC'lœER 2, 1997
Section 9. This bond ordinance shall take effect 20 days
after the first: publication thereof after final adoption, as provided by
the Local Bond Law.
ORDINANCE , 97-33
Cont'd
STATEMENT
This Ordinance published herewith has been finally adopted on
October 2, 1997 and the 20-day period of limitation within which a
suit, action or proceeding questioning the validity of such Ordinance
can be commenced, as provided in the Local Bond Law, has begun to
run from the date of the first publication of this statement.
Mayor Sica stated that there were different ways to buy it, ways of
prolonging the payment longer paying a lot more interest, ways of
borrowing money ITom the M. U.A. and paying higher interest or to go
it on our own paying a lesser interest and paying it off sooner. We've
taken the approach of paying it off by ourselves without borrowing
through the M.U.A. or any wild schemes. We didn't save a whole lot
of money but $ 30,000.00 or $ 40,000.00 in a 5 year span of time is
a whole lot of money, especially in these times. We've also made
provisions and discussed it amongst ourselves that we're going to
apply to the Urban Enterprise Zone for part of the money, if that
money is forth coming ITom the Urban Enterprise Zone it will reduce
the payment here. Any money that is derived from other things that
we're working on, like the Mega Mall, some of that money will be
diverted to pay this thing off. HopefulIy, in 5 years we'll own the fire
truck, not like some towns. Some towns in the area go out and bond
for police cars, pick up trucks and grass cutters. Why bond for 20
years and 5 years later the pickup trucks are in the junk yard, the cop
cars are worn out, the grass cutters can't cut anymore grass and
they're still paying for them. That is not the way the Borough of
Carteret did it. He is proud of what the Council did on this.
CCI1MENl'S
Councilmember DuPont made a motion to override the Mayor's veto
and adopt the ordinance. Councilmember Failace second the motion.
ORDINANCE 197-29
Creation & EstabL
of a Police Dept.
Mayor's Veto
Upon individual rolI call vote, Councilmembers DuPont, Failace,
Fazekas and Gutowksi voted in the affirmative. Councilmember
Bialowarczuk abstained. Councilmember Feingold voted no.
ORDINANCE # 97-29
"CREATION AND ESTABLISHMENT OF 'A POLICE
DEPARTMENT WITHIN THE BOROUGH OF CARTERET"
ADOPTED
Councilmember Bialowarczuk said that she has been angry about this
for 6 weeks and she will probably be angry about this for the rest of
her life. The have gone through the first $25,000.00. She can't
imagine what it's going to cost in the next couple of months once the
litigation starts, maybe $200,000.00 ... $300,000.00 as their going
through court. They're going to suffer for this. Some people
sometimes get a little power and they go a little crazy. The taxpayers
are going to suffer. In the paper Mr. Gutowski said that because of
the contract negotiations they couldn't change /Tom a 5 and 2. The
contract is 4 and 4. Why wasn't it changed to 4 and 4? That kind of
change could have been made. If it was good faith, then they would
have changed that contract to 4 and 4, away ITom the 5 and 2 where
it had been. Mr. Gutowski who also says he likes to folIow the letter
of the law is putting back in the 5 and 2 and says welI, that's okay,
nobody has to folIow it.
CCI1MENl'S
5.
OCTOBER 2, 1997
~
Cont'd
Only certain laws we folIow and other ones we don't. It depends on
how you feel about it up here as to whether you're going to abide by
certain ordinances or not.
The other part that bothers her in the worst way is that the people she
is sitting up there with, it's not just the police Department... she's tired
of ...(inaudible)... they don't like Borough employees, period. It's not
gong to stop with the Police Department. It's going to continue with
everyone. Everyone that works for the Borough is a taxpayer just like
her. She doesn't look down on anyone that lives in this town. She
feels like she is sitting up there sometimes with people that are a
bunch of snobs, that are better than anybody else and are going to telI
everybody around here how to their lives. We are spending money
that we don't have. Money that is not necessary. Let's not talk out
the both sides of our mouths, guys. TelI the people what we are
doing... not behind closed doors TelI the people what the truth for a
change. There's reason why you changed this ordinance. That'lI
come out a month down the road maybe when there's a Police
Director or it's another political patronage job. It is going to be
somebody /Tom Woodbridge that we hire for this job to or is it going
to be somebody ITom Carteret that,we hire for this job? The main
point is she just wants everybody to know, you work for the
Borough... you're next because they have no respect for anybody that
works for this Borough.
Councilmember DuPont said that he doesn't even want to address that
comment. It's ridiculous.
Councilmember Failace said that he will address it because it's
outrageous. We were put up here to work for the citizens of Carteret.
One of the things they were to do they said they would like to do is to
look at the taxes, to reduce the taxes. Whatever they have to do they
wilI do. To say that they are going after every municipal employee
because of what goes on behind closed doors is absolutely ludicrous.
No one up here has ever said they want to go after the municipal
workers. They have stood fast in contract negotiations along with the
Mayor for the benefit of the citizens of Carteret, for the better of the
citizens of Carteret to help to control the taxes which has nothing to
do with this ordinance. This is a good ordinance.
Councilmember Feingold said that he has a problem with the
ordinance too. He reads this literally and sees a Police Director. Then
he hears that they're not gong to appoint a Police Director. It doesn't
make sense that we needed this ordinance to begin with and we're not
going to have a Police Director. He looked at the policies established
by the Appropriate Authority to govern the day-to-day operations.
The Chief of Police shalI be responsible directly to the Appropriate
Authority for the efficiency and routine day-to-day operations thereof
shalI pursuant to policies established by the Appropriate Authority
perform assigned duties Now we have civilians in charge of the
Police Department, the Appropriate Authority. When he was Police
Comoùssioner he didn't get involved in the day-to-day operations of
the police nor did he think he was qualified to. We have a civilian
Police Committee and we're gong to have a civilian Police Director.
Why don't we just make civilian Police Officers? Maybe they'd do a
better job. That's what this ordinance seems to telI him. The reasons
for the Mayor's veto are meritorious. It's our obligation to enforce all
ordinances. We took an oath to support the constitution and the laws
of the State of New Jersey, any ordinances that are enacted by this
Council. He can't in good faith alIow an ordinance to go through if
we're not going to enforce it.
~
,.~~,"----
OCTOBER 2, 1997
That would be a violation of his oath and he's not going to do that.
The enactment would expose the Borough to an unfair labor
practice...very well thought out possible contempt...(inaudible). Our
people who are for this ordinance are going to hold themselves
responsible for that. What's that going to cost the taxpayers? There
was a contempt consent order issued by the U.S. District Court in a
prior case. This may be ..(inaudible). Financial hardship on the
taxpayer. Can the taxpayers of this City afford a Police Director? He
doesn't think so. Can the taxpayers of this City afford the morale of
the Police Department to go down as it has since...(inaudible). He
guesses that Mr. Stowell will sih'tl a document holding us harmless for
any legal expenses tonight. He hasn't gotten that letter but the Mayor
requested it. Perhaps he's going to work for free in defending us in
these lawsuits. I don't think he's going to work for free. His point is
that this is going to precipitate litigation of the City of Carteret cannot
to spend for any unnecessary litigation.
CCI!I1IN.l'S
Cont'è
Councilmember Feingold said that he was handed a letter as to some
affairs that took place in Nutley. Based on this letter he sees that
32,000 members of the New Jersey says in this letter that he was hired
to do a management audit...(inaudible).. and that could have been
done at no charge by the Attorney General's Office. Could we have
had such an audit done in this town for no charge? Did we ever look
at that? He wasn't presented with that information until he saw this.
Ifwe ask the people of this town if they rather have something done
at no charge or have something done at $25,000.00, obviously they'd
rather have something done at no charge.
Councilmember Feingold said that his main problem with this
ordinance is not a political problem, it's a problem that it takes a cheap
shot at the Chief of Police. It says that the recommendation of the
creation of civilian Police Director to control the operations of the
department and the demotion of the Chief to little more than the
Director's puppet. Once we alIow civilians to enter into police
decisions we have a problem. That's like putting a civilian on a front
line to lead an army. It can't be done. It's a war out there. He doesn't
mean anything personal by this but it's clear, he can see the writing on
the wall that we will have a Police Director, it will be $100,000.00 a
year plus the benefits.
Councilmember Gutowski said that he would like to clear a few things
up. Mr. Feingold did just quote /Tom state statute which is 40A:14: 18
which specifies that any such ordinance or regulations shall provide
that the Chief of Police if such position is established...that's not our
language, that's the state's language, shall be the head of the Police
directly responsible to the Appropriate Authority. That's not our
language. That's the state's language. We've just taken state statute
and brought it over to us. As for Mrs. Bialowarczuk and what she
says about what's in the newspapers, he did talk to the newspapers.
He did say that there wcre discussions about 5 and 2, that the only
way that 5 and 2 work schedule and the other work schedule could be
instituted was by contract negotiations or through a court case if they
so choose to do that and he doesn't believe that this Council is going
to do that. This Council is not going to change the work schedule.
This Council doesn't have the authority to change the work schedule.
The only people that can do that are the Appropriate Authority and in
this case the Appropriate Authority is the Council Committee. It
çouJd be the Mayor. It could be the Director of Public Safety. It can
be anybody that this Councìl designates or it can be a comoùssion, a
board or a committee which in fact, it is the Police Committee.
7.
·-~
OCTOBER 2, 1997
CCI1MENl'S
Cont'd
That committee's recommendation 2 weeks ago was to maintain the
work schedule. To the best of his knowledge, the work schedule will
not be changed. That has not been discussed at any Council Meetings,
at any Agenda Meetings, any closed sessions and he is not at the
Police Comnùttee Meetings so he doesn't know if it is discussed there.
It's a good ordinance. It brings us into compliance with state statute.
It basically is verbatim what the state statute says.
Mayor Sica said that his philosophy is if it is not broken, don't fix it.
We have a great Police Department. The 4 and 4 was put in for
specific reasons, to rid the City of Carteret of all the go-go's the
prostitutes walking the streets, drugs and it worked real well and the
Police Department worked real well. He doesn't see any problems like
what occurred in Woodbridge, like what occurs in Edison and some
of these towns, he sees a department that works real well. That
doesn't mean that there aren't things that he doesn't like in the
department because there problems are. It doesn't mean that because
we have sergeants and someone thinks we have too many that it's
right. It means that we want to keep the morale of the department up
there. We want to keep men moving up in grade. We want to keep
men where they're willing to go to school at night and learn and
continue to better their education so that they can be better police
officers. If that incentive is to have a few more sergeants or a few
more lieutenants, who cares? If the price of his wife's or daughter's
safety means $3.00 or $4.00 more on his tax bill at the end of the year,
so be it. We don't see what's happening down in Jackson happening
in Carteret. He doesn't see Megan Kanka Problems running around
in Carteret. He watches the television every night. All he sees is
violence and rapes and murders, etc... Carteret is a relatively safe
town. It doesn't mean it can't be improved but we relatively safe. If
it's not broken, why fix it?
.
MEETING
OPE2oIED-
Public
Input on
Resolutions
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 Failace and unanimous
affirmative vote of the full membership present, the meeting was
opened for public input on all resolutions.
Patrick Tozzi asked about Resolution # 97-302 Budget Insertion for
Nursing Services.
Mayor Sica said that the Nursing Services are for the Catholic
Schools. We have to do that by resolution.
Mr. Tozzi asked if it has always been a budget insertion?
Mayor Sica said yes. For years it wasn't but now we have to do it.
It's for the Catholic Schools. We have to supply a nurse there too.
MEETING
CLOSED-
There being no further conunents or objections to the Resolutions, the
Mayor declared the Public Hearing to be closed upon MMS&C, by
Councilmembers Failace and DuPont and unanimous affirmative vote
of the full membership present.
8.
OCTOBER 2, 1997
RESOLUTION # 97-300 was introduced by the Mayor and was
referred to the Council for action.
RESOLUTIOO I 97-300
RAFFJ,E LIcmsES
Upon MMS&C, by Council members Bialowarczuk and Failace.
ADOPTED
RESOLUTION # 97-300
DIRECTING THE ISSUANCE OF RAFFLE LICENSES TO
CARTERET HIGH SCHOOL BAND PARENTS ASSOCIATION
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION # 97-301 was introduced by the Mayor and was
referred to the Council for action.
RESOT.UTlOO i 97-301
Nì';W Ji:RSBY REC'}'CLES
DAY
Upon MMS&C, by Councilmembers Gutowski and Fazekas.
ADOP'l"ED
RESOLUTION# 97-301
A RESOLUTION PROCLAIMING NEW JERSEY RECYCLES
DAY
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION # 97-302 was introduced by the Mayor and was
referred to the Council for action.
RES:J'L.IJI'ICN ~ 9Î-302
BlJIJGPiI TIi,SB:=rr::,:w
Upon MMS&C, by Councilmembers Failace and DuPont.
ADOPTED
RESOLUTION# 97-302
REQUESTING APPROVAL OF INSERTION OF $12,871.50
THE 1997 BUDGET REVENUE AVAILABLE FROM THE
NURSING SERVICES - NON PUBLIC SCHOOLS
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
9.
JCTOBER 2, 1997
ŒSOLUTIOO 1 97-303
\MEIiII)ING DEFERRED
:D'IPENSATIOO PLAN
-VALIC-
RESOLUTION # 97-303 was introduced by the Mayor and was
referred to the Council for action.
IOOPTED
Upon MMS&C, by Councilmembers Failace and DuPont.
RESOLUTION # 97-303
AMENDING DEFERRED COMPENSATION PLAN
- V ALIC-
was adopted. Upon individual ¡oil calI vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
ESOLUTIOO 1 97-304
PPOIN'DfENT -
OCAL ASSISTANCE
CARD
RESOLUTION # 97-304 was introduced by the Mayor and was
referred to the Council for action.
ABLED
Upon MMS&C, by Councilmembers Gutowski and Failace.
RESOLUTION # 97-304
APPOINTMENT LOCAL ASSISTANCE BOARD
,
was tabled. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
E'.SOLUTIOO # 97-305
l1I'HORIZING BIDS -
'!PRO~S TO
!\.TTIlÐi A VE1!IUE,
E:XING'.l'CN AVENUE &
I\RRIsaJ AVENUE
RESOLUTION # 97-305 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Failace and DuPont.
X>PTED
RESOLUTION # 97-305
AUTHORIZING BIDS-IMPROVEMENTS TO MATTHEW
A VENUE, LEXINGTON A VENUE AND HARRISON AVENUE
::SOLUTIOO # 97-306
JI'HaUZING BIDS-
\BO ST. WAS'.l'EJmTER
JMP STATIOO & FCRCE
\IN ~S
RESOLUTION# 97-306 was introduced by the Mayor and was
referred to the Council for action.
).
0Cl'0BER 2. 1997
Mayor Sica said that yesterday they had a major breakdown of a force
main line coming from Etheridge Drive over to Beverly Street. It's
going to cost us a few dollars just to fix that. We have to fix it or we
don't have any sewers to get to Beverly Street so we can authorize an
emergency appropriation to fix the thing. It's imperative that we get
working on this Sabo Street Station and take some of that pressure
off Beverly Street and then no longer have it as a force main. We'll
have it as a gravity fed line. When the force main was put in, it was
put in a transit pipe instead of ductile iron. The transit pipe is
breaking apart now.
Mayor's Comnents
RESOLUTION #97-307 was introduced by the Mayor and was
referred to the Council for action
Upon MMS&C, by Councilmembers Failace and DuPont
RESOUITIOO #97-:>1.)7
Authorizing Bids-
Etm:iQ~ IXive ~te-
w,t<>..c I\r.p St."rt.:im
thnhm'nt ,nl Cî<WÍ.ty
Sa·02r Qxnoc.ûm
1i1¡UVI!B1tD
RESOLUTION #97-307
AUTHORIZING BIDS - ETHERIDGE DRIVE W ASTEW A TER
PUMP STATION ABANDONMENT & GROUP SEWER
CONNECTION IMPROVEMENTS
was adopted. Upon individual roll call vote Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
RESOLUTION #97-308 was introduced by the Mayor and was
referred to the Council for action
R~OO #97-:>1.)8
Authorizing Bids -
yearly Sewer
Maintenance
Upon MMS&C by Councilmembers Failace and DuPont
RESOLUTION #97-308
AUTHORIZING BIDS - YEARLY SEWER MAINTENANCE
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, F&Zekas, Feingold and Gutowski
voted in the affirmative
Adopted
11
OCIOBER 2, 1997
RESOLUITOO f!.97-?1J9 RESOLUTION #97-309 was introduced by the Mayor and was
referred to the Council for action
Appointment For The
Carteret Housing
Authority
Adopted
RESOLUITOO #97-310
Authorizing Payment
of Liability Claim
Deductible
Adopted
RESOLUITOO #97-311
Authorizing
lnterlocal
Agreement for
Hazardous Materials
Recovery Costs
Upon MMS&C, by Councilmembers DuPont and Bialowarczuk
RESOLUTION #97-309
APPOINTMENT FOR THE CARTERET HOUSING
AUTHORITY
was adopted . Upon individual roll call vote, Councilmember
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION #97-310 was introduced by the Mayor and was
referred to the Council for action
Upon MMS&C, by Councilmembers Failace and Bialowarczuk
RESOLUTION #97-310
AUTHORIZING PAYMENT OF LIABILITY CLAIM
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION #97-311 was introduced by the Mayor and referred
to the Council for action.
Upon MMS&C, by Councilmembers Failace and DuPont
RESOLUTION #97-311
AUTHORIZING INTERLOCAL AGREEMENT FOR
HAZARDOUS MATERIALS RECOVERY COSTS
12
OCIOBER 2, 1997
was adopted Upon individual roll vote, . Council members
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
RESOLUTION #97-312 was introduced by the Mayor and was
referred to the Council for action
RESOLUITOO #97-312
Professional Services
Contract For
Professional
Planner
Upon MMS&C, Councilmembers DuPont and Failace
RESOLUTION #97-312
PROFESSIONAL SERVICES CONTRACT FOR
PROFESSIONAL PLANNER
was adopted. Upon individual roll call vote. .Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the aftìrmative.
Adopted
Mayor Sica said he wanted to inform the Council something on this.
These are the two (2) parcels that we talked about, one up on the
Industrial Road and the other up on Minue Street. He said he talked
to the attorney for the people on Minue Street and they are willing to
pick up the cost for their half and the one on Industrial Road we will
force to pick up their half, so he commented that we are getting that
money back.
RESOLUTION #97-313 was introduced by the Mayor and was
referred to the Council for action
RESOLUITOO #97-313
Professional Sewiœs.
Qmtract For
Professional Plarmer
Upon MMS&C, by Councilmembers Failace and DuPont
RESOLUTION #97-313
PROFESSIONAL SERVICES CONTRACT FOR LEGAL
SERVICE
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Adopted
13
OCIDBEX 2, 1998
Mayor's Conments
RESOUJITOO #97-314
Appointments To
The Recreation
Coumission
Adopted
RESOLlJITOO #97-315
Resolution
Authorizing The
Release of Regional
Contribltion
Adopted
PAYMFNf OF BIUS
-~.-~.~._.
-
Mayor Sica asked if we have to change this resolution to say that we
are going to be reimbursed or we are going to do that later.
Attorney Coughlin suggested to get an agreement first.
RESOLUTION #97-314 was introduced by the Mayor and was
referred to the Council for action
Upon MMS&C, by Councilmembers Gutowski and Failace
RESOLUTION #97-314
APPOINTMENTS TO THE RECREATION COMMISSION
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
RESOLUTION #97-315 was introduced by the Mayor and was
referred to the Council for action.
Upon MMS&C, by Councilmembers Gutowski and Fazekas
RESOLUTION #97-315
RESOLUTION AUTHORIz'ING THE RELEASE OF
REGIONAL CONTRIBUTION FUNDS
was adopted. Upon individual roll call vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
Upon MMS&C, by Councilmembers Fazekas and DuPont, all bills
appearing on the prepared list, properly audited and signed were
ordered to be paid. Upon individual roll vote, Councilmembers
Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski
voted in the affirmative.
14
The Clerk stated that she was in receipt ofthe following reports:
Board of Health - June, July & August 1997.
Clerk's Office - September 1997
Fire - August 1997
Upon MMS&C, by Councilmembers Gutowski and Failace and
unanimous affirmative vote of the full Council present, all reports
were ordered to be received and placed on file.
BUILDINGS AND GROUNDS: Councilmember Bialowarczuk
reported Progress and she also wanted to reoùnd Councilmember
Failace they should have a discussion on how much the law suits are
going to cost us and how much he has saved the Borough.
Councilmember Failace said that had to be discussed in a Closed
Session.
FINANCE & ADMINISTRATION: Councilmember Failace said
the budget is coming right along. They will have to make some
adjustments in November. That report of the total budget is okay. We
received $164,000.00 of Federal money to do Post Boulevard. That
is part of the other cost, but we have to get that done. He reported
Progress.
FIRE: Councilmember Fazekas thanked everybody, the Mayor and
Council and all the Firefighters that made it possible (inaudible). He
thinks this is going to be a great turn for Carteret next year because
they are getting a new truck. He said he was kind of disappointed
because it appears somehow, he commented that he had been asking
since March about the roof, this has been an issue since 1995 and we
still haven't gone out for bid yet. He just wanted to make everyone
aware of that. He said maybe we would find out more information
and we should get an (inaudible) for the roof and go out for bid. He
said on another note there was a meeting concerning the Conrail train
that was issued fines He said this month we would also have a
meeting and said to try to publish that It not only concerns the people
along the train line but it concerns (inaudible). He then commented to
the Mayor, with that, moving right along.
PARKS & RECREATION: Councilmember Gutowski said Mr.
Kolibas is out sick and he wished him a speedy recovery. He said if
anyone has any problems with trees, etc. to go down to the Parks
Department and talk to Woodsey. He again wished Willie a speedy
recovery and said the Parks are still in Carteret.
POLICE: Councilmember DuPont said they had their September
meeting and once again equipment seems to be an issue. There was
other Progress but equipment seems to be the important issue.
PUBLIC WORKS: COllncilmember Failace said the Leaf Bag
Program is in effect. If you haven't picked up your bags go down to
the Garage. Continued next page.
15
OCI.QBER 2, 1997
REPOKl'S
Departments
<nt1TITEES
ocroBER 2, 1997
cnt1ITJ.'EE)
Continued
PROClAMATIOO
Otristopher
ColuohJs Day
"'P'"
,.---....~.
~.......
If you haven't registered you have to bring your tax bill in with your
Lot and Block number and then you are okay for every year. With
that Progress.
MUNICIPAL GARAGE SERVICES: Councilmember Feingold
said he didn't think it was right that we have an Appropriate Authority
that the Chief has to answer to and then we have an Appropriate
Authority making the decisions as to whether or not a policeman did
wrong in a hearing and then we have an Appropriate Authority, or
the control of the Council here, changing the ordinance that puts
them back into where they (inaudible) State Statute (inaudible). He
commented that a wise old man once said that absolute power
corrupts absolutely. Progress.
Mayor Sica said he wanted to read the Proclamation on Columbus
Day as folIows:
PROCLAMA TION
CHRISTOPHER COLUMBUS DAY
WHEREAS, the members of the Italian-American Social Club of
Carteret are devoting their efforts toward implanting the example of
the courage and progressive ideals of Christopher Columbus in the
hearts and minds of all our people; and
WHEREAS, we must individually dedicate ourselves to these
principles as the major bulwark against totalitarianism; and
NOW, TIlEREFORE, I, PETER ¡, SICA, Mayor of the Borough
of Carteret in the County of Middlesex, State of New Jersey, do
hereby proclaim
MONDAY, OCTOBER 13, 1997 as CHRISTOPHER
COLUMBUS DAY
in the Borough of Carteret and request that all nationalities of this
Borough stand allied with the Italian Citizenry in helping them
observe this Patriotic Day of their Compatriot, Christopher
Columbus, whose name shall be honored at the Flag Raising
Ceremony conducted at the ITont of Borough Hall on Monday,
October 13, 1997. at 10:00 A.M.
FURTHER, I PETER J. SICA, Mayor of the Borough of Carteret
do hereby proclaim
MONDAY, OCTOBER 13, 1997 be designated as ITALIAN
AMERICAN DAY
in the Borough of Carteret and hereby order the Flag of Italy be
displayed at Borough Hall this day in honor of all Italian-Americans
who fought and died to save freedoms of the United States of
America.
16
-.-",.-"",
"
Upon MMS&C, by Councilmembers Failace and DuPont and
unanimous affirmative vote of the full Council present the meeting
was declared open for public discussion.
John Sudia then spoke. He said he is a fifty (50) year resident of
Carteret, honorable member of the PB.A. and President of Lodge 90
of the Associate F.O.P. He said he made his objectiqns known and he
has had some discussion with it and he hears through the members of
the Council that there will be no Police Director. For the record he
would like to have that reiterated and also that the majority members
of the Council then consider wherever the word Police Director
appears in the ordinance that it be deleted because Title 40 does not
specifically call for a Police Director, as stated in the first page. For
the record he would like to know, Members of the Council, to state
that they will be no Police Director. Also, for the record he would
like the Mayor and Council to state again that there will be no changes
in the work hours of the Police Committee and if necessary,
especially an amendment is assured. This is highly controversial and
he feels this would to difuse much of the controversy with this
ordinance and also with the title of Police Director and various
paragraphs, if that were elioùnated from the ordinance he thinks that
would defuse the controversy with the ordinance He thinks that
would make the Police Department and the men of the Council and
the general public much happier if they'd have that done. He asked
if he could suggest and sincerely hope that they would consider an
amendment to this brand new ordinance.
Councilmember DuPont answered saying two (2) things, this
ordinance does not hire a Police Director and does not change the
work schedule.
Mayor Sica asked if anyone in the audience wanted to speak.
Joe Gentile then spoke saying he was a Carteret resident for about
forty (40) years. He said he had a question for the attorney and said
he is a little confused and commented that the Councilwoman was
saying it was going to cost us two or three hundred thousand, and he
said he is a taxpayer like the rest of the people and he is very
concerned about this. He asked if the Councilpeople overturn the
veto of the Mayor, could the Mayor go against that and institute this,
so called fine, institution and if he could he doesn't understand why
the newspaper and Council said he couldn't.
Attorney Coughlin said the Mayor has asked him to render that
opinion, specifically in regard to that question. 'Ihe question was
raised and the Mayor has indicated both in his public and written
comments that were included with his veto, that he feels it is
incumbent upon him to enforce the ordinance of the Borough, the
State Statutes, that it would help him to direct the Police Chief to
implement a shift. He said he did not get to hand out an opinion to the
Mayor and Council this evening, but, it is and would be his opinion
that the Appropriate Authority is the controlling authority in regards
to the hours of work, Continued next page.
17
~ 2, 1997
PUBliC DlSC1JSSlOO
John Stxlia.
Joe Gentile
OCIOBER 2, 1997
Joe Gentile
continued
Mr. Bacillisi
that is a specific (inaudible) by State Statute and the Mayor certainly
does have the obligation, both under State Statute and under the
ordinances of the Borough of Carteret to enforce ordinances and state
laws, that they are general in nature, that they superseded, preempted
he should say, by the specific power vested in the Appropriate
Authority, therefore it would be his opinion that the Appropriate
Authority's.....the record would be (inaudible) and the Police Chief
should be guided accordingly and should follow the directions of the
Appropriate Authority. The short of that is that he don't think that the
Mayor had a clue that the Appropriate Authority hadn't been changed
back in February . We have the authority to direct the Police Chief
to implement a work schedule that was consistent with the ordinance
but at odds with the Collective Bargaining Commission.
Mr. Gentile said he understood what he said and then he asked if the
Mayor does do that would the townspeople have to pay the bill if the
Mayor is making an error in judgment in pursuing this suit.
Mayor Sica asked Mr. Gentile what bill he was talking about.
Mr. Gentile said the cost he heard of, $100,00000 or $200,000.00.
Mayor Sica said that wasn't what the Councilwoman said.
Councilmember Bialowarczuk said that wasn't what she meant.
Mayor Sica said the Councilwoman said that this could institute other
suits, by other people, not by the Mayor.
Councilmember Bialowarczuk said in the past that has been the cost
of law suits.
Mayor Sica commented that those law suits are what they are
concerned about.
Mr. Gentile asked the Mayor if what he understood was the Mayor
was saying other than himself.
Mayor Sica said yes.
Mr. Bacillisi spoke. He said going back to the Fire Truck, he
commented that they had inspections from the Fire Department that
use to cost them $25.00 or $30.00, now it is up to over $400.00 for
each building. That money is supposed to go to the state and they are
supposed to give it back to the towns. He asked if that money could
go for the Fire Trucks, etc.
Mayor Sica said they can't use that money for the fire truck It has to
be put back in the General Fund and then they will take the money out
of that fund and use it for the Fire Truck.
18
}
"
'-
There being no further business or discussion, upon MMS&C, by
Councilmembers Gutowski and Fazekas and unanimous affirmative
vote of the fulI Council present, the meeting was adjourned at
approximately 8:14 P.M.
Respectfully submitted,
4~
Municipal Clerk ----
KMB/sj:lr
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OClUBER 2, 1997
ADJOONRMJiNf
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