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Home My Public Portal About1997/10/16 OCIDBER 16, 1997 A Regular Meeting of the Mayor and Council of the Borough of Carteret was called to order by Mayor Peter J. Sica at 7:30 P.M., Municipal Court, Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey on Thursday, October 16, 1997. muNCIL MEEITNG Upon individual roll call, the following were noted 'present: ROLL CAlL Councilmember Deborah Bialowarczuk " John P DuPont " James Failace " Jack Fazekas " William Feingold " Stanely Gutowski Also noted present was Borough Attorney Craig Coughlin. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Peter 1. Sica. PRAYER, PLEDGE OF AI.LEX;IANCE The Clerk stated that on October 10, 1997, in full compliance with the Open Public Meetings Act, a notice of tonights meeting was sent to The Home News & Tribune, The Star Ledger and posted on the bulletin board. SfA1'I'MF.Nl' OF MEEITNG OOITCE RESOLUTION #97-318A was introduced by the Mayor and referred to the Council for action. RESOWITON #97-318A Closed Session Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #97-318A "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote Councilmembers Bialowarczuk DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affinnative AOOPl'ID 1 0Cl0BER 16, 1997 ADJOORNID ID CLOSED SESSION OPÐI SESSION ORDINANCE #97-36 An Q:dimn:e ']b hrml ~ lID '\arl ~,"œ1æ ~ <ßecal Q:dimn:es œ 1æ furo.gt œ CBrter:Et Fa: 1æ R.r¡me œ ~11;otirg 1æ Met:lw.c :JiJµ£t œ œf-J.>r:mtiBes ~ S~ (RilltrArds) FiI:st ~ At approximately 7:35 p.m., a Closed Session was held. At this time the Mayor and Council left the Chambers. . At approximately 7:40 p.m., upon MMS&C, by Councilmembers Gutowski and DuPont and unanimous affinnative vote of the full membership present this meeting was opened to the public. ORDINANCE #97-36 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on October 30, 1997, upon MMS&C, by Councilmembers Failace and DuPont .Upon individual roll call vote Councilmembers Bialowarczuk, DuPont, Failace, Fazekas. Feingold and Gutowski voted in the affirmative. "AN ORDINANCE TO AMEND CHAPTER 160, "LAND DEVELOPMENT", OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF CARTERET FOR THE PURPOSE OF REGULATING THE AESTHETIC IMPACT OF OFF-PREMISES ADVERTISING SIGNS (BILLBO{\RDS)." (}()]]\I/',KE #Jl-31 ORDINANCE #97-37 was introduced and adopted on First Reading Q:dimn:e II {Jo.ÚA.ia!:ÏIß and the Clerk authorized and directed to advertise same for Public $2,328,jJl.';r;ßxx:eErls Hearing to be held on October 30, 1997, upon MMS&C, by œ rhliWirq; tbt Councilmembers Failace and Fazekas. Upon individual roll call vote, rm!ed Fa: Their Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold Qigiml R.r¡meProvi.de fu........ and Gutowski voted in the affinnative. (hJec ']b . FIr JI'" O:nsttu;tim œ A l'èi liIDD:y Arrl Seni.oc Cit.i2m CmI:er:" fu Arrl ~ 1æ furo.gt œ Carter:-et, fu 1æ Canty œ Midß.esex, l'èi.à:sr¥ F:iJ:st ~ 001NAtŒ 4fJ7-:A Q:dimn:e !t.II:h:Jrizirg 1æ Ih.J~ œ Qrtain Leù PL<¥"-Ly lUilic Hearirg "ORDINANCE REAPPROPRIATING $2,328,502.93 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSE IN ORDER TO PROVIDE FOR THE CONSTRUCTION OF A NEW LIBRARY AND SENIOR CITIZEN CENTER IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY" The Clerk stated that Ordinance #97-34 was introduced and passed upon First Reading at a Regular Meeting of the Borough of Carteret held on October 2, 1997. It was duly published in The Home News and Tribune on October 7, 1997 with notice that it will be considered for final passage after Public Hearing to be held on October 16, 1997 at approximately 7:30 p.rn. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open. 2 --~---_/'. .~.._~- OCIIHR 16, lWl There being no further comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed ,by MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present. Hearing Closed Upon MMS&C, by Councilmembers DuPont and Failace Adopted "ORDINANCE #97-34 "ORDINANCE AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY" was finally adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Approved and Adopted October 16. 1997 Introduced October 2. 1997 Advertised a adopted on First Reading with Notice of Public Hearing October 7. 1997 Hearing Held: October 16. 1997 Approved by: Mayor Peter 1. Sica Advertised as finally adopted October 21. 1997 Adopted The Clerk stated that Ordinance #97-35 was introduced and passed upon First Reading at a Regular Meeting of the Borough of Carteret held on October 2,1997. It was duly published in The Home News and Tribune on October 7, 1997 with notice that it will be considered for final passage after Public Hearing to be held on October 16, 1997 at approximately 7:30 PM. 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 #97-35 Ordinance Amending And Correcting Ordinance #94-23 Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affinnative vote of the full Council present, the Mayor declared the Public Hearings to be open: Public Hearing There being no further 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 affinnative vote ofthe full Council present. Hearing Closed Upon MMS&C, by Councilmembers Failace and DuPont and unanimous affinnative vote of the full Council present Adopted ORDINANCE #97-35 "ORDINANCE AMENDING AND CORRECTING ORDINANCE #94-23" 3 OCIDBER 16, 1997 Adopted MEEITNG OPmID Public Input On Resolutions Public Portion Closed RESOWITON #97-318 Directing The Iss.m:e œ Raffle Liœns<' ']b lbly Fanily R.C. Qu.T;h & St. Jœe¡il <hICh Adopted RESQWITON #97-319 Certifying Janet Starl< In '[œ Irnitim œ OmihE (þ=toc fu CBct.eœt ~ was finally adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Approved and Adopted October 16. 1998 Introduced October 2. 1998 Advertised as adopted on First Reading with Notice of Public Hearing October 7. 1998 Hearing Held October 16. 1998 Approved by : Mayor Peter 1. Sica Advertised as finally adopted October 21. 1998 A copy of each Resolution was placed upon the table for review prior to the meeting in accordance with Rules of Council and upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous vote of the full membership present the meeting was opened for public input on all resolutions.. Mayor Sica said the meeting is now opened on Resolutions #97-318 to #97-334 and asked if anyone wanted to speak on any of the Resolutions. Upon MMS&C, by Councilmembers Gutowski and DuPont and unanimous affinnative vote of the full membership present, the public portion on resolutions was closed approximately 8:00 p.m. RESOLUTION #97-318 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-318 "DIRECTING THE ISSUANCE OF RAFFLE LICENSES TO HOLY FAMILY RC. CHURCH AND ST JOSEPH CHURCH" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-319 was introduced by the Mayor and referred to the Council for action. 4 OCIDBER 16, 1997 Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-319 "CERTIFYING JANET STARK IN THE POSITION OF OMNIBUS OPERATOR IN CARTERET BOROUGH" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Adopted Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUl'ION #97-320 Aut.hriziq; 1h:dnsirr, t&nt To ¡'dvo.~cti..<;<! Foe Him Foe Di,~J. RESOLUTION #97-320 was introduced by the Mayor and referred to the Council for action RESOLUTION #97-320 "AUTHORIZING PURCHASING AGENT TO ADVERTISE FOR BIDS FOR DIESEL" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Adopted RESOLUTION #97-321 was introduced by the Mayor and referred to the Council for action. RESOLUl'ION #)7-321 Authrizh,; fltlU:l8Rirg ...",..., '" . ····~l·M ~.'- 10 rl:_...~t-_ .~.-. fur llids 'ÒC R.~l Oil Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-321 "AUTHORIZING PURCHASING AGENT TO ADVERTISE FOR BIDS FOR FUEL OIL TANK" was adopted Upon individual roll call votes Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affinnative. i'd:fÙXI RESOLUTION #97-322 was introduced by the Mayor and referred to the Council for action. lŒSOLUrION #J7-322 Authorizing PurdT6'Í.r¡;¡ t-.gent. 1h :I{:M·~..1:I.3~ Fer !ilih fir Gmliœ Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-322 "AUTHORIZING PURCHASING AGENT TO ADVERTISE FOR BIDS FOR GASOLINE" 5 OCIDBER 16, 1997 Adopted RESOWITOO #97-323 Professional Service Contract For Legal Services Adopted RESOLIJITON #98-324 Resolution Authorizing The Release Of Regional ContrihItion Fund Adopted was adopted. Upon individual roll call vote, Counci(members Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-323 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, Councilmembers Failace and DuPont RESOLUTIO~ #97-323 "PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES" was adopted. Upon individual roll call vote, CounciJmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affinnative. RESOLUTION #97-324 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-324 "RESOLUTION AUTHORIZING 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. RESOWITON #97-325 RESOLUTION #97-325 was introduced by the Mayor and referred Authorizing Auction to the Council for action. Of Fourteen (14) Junk Vehicles Upon MMS&C, Councilmembers Failace and DuPont Adopted RESOLIJITON #97-326 Appointing Haydee Torres - Clerk Typist RESOLUTION #97-325 "AUTHORIZING AUCTION OF FOURTEEN (14) JUNK VEHICLES" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-326 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas 6 ocroBER 16, 1997 RESOLUTION #97-326 RFSOLUl'ION #97-326 Continued "APPOINTING HA YDEE TORRES - CLERK TYPIST" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Adopted RESOLUTION #97-327 was introduced by the Mayor and referred to the Council for action. RFSOLUl'ION #97-327 Authorizing Refund Of Tax And/Or Sewer Fees OIrerpayment Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-327 "AUTHORIZING REFUND OF TAX AND/OR SEWER FEES OVERPAYMENT" was adopted. Upon individual roll call vote, ·Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affinnative. Adopted Upon MMS&C, Councilmembers Gutowski and DuPont RESOWITON #97-328 RFSOLUl'ION A AUlHORIZING 1997 TAX SAIE RESOLUTION #97-328 was introduced by the Mayor and referred to the Council for action RESOLUTION #97-328 "RESOLUTION AUTHORIZING 1997 TAX SALE" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affinnative. Adopted RESOLUTION #97-329 was introduced by the Mityor and referred to the Council for Action. RESOWITON #97-329 Designating Teclmica1 Advisors For Eiœrgency Radio Services Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-329 "DESIGNATING TECHNICAL ADVISORS FOR EMERGENCY RAlO SERVICES" was adopted. Upon individual roll call vote Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affinnative. Adopted 7 OCIDBER 16, 1997 RESQWITON #97-330 Authorizing Mayor To Execute 1997/1998 UEZ Contract Adopted RESQWITON #97-331 l~lntim Þfpruh,:; 1œ :~....l (f ¡'..B.e. UCI'llP- th. rnl....ll4-OJ7- (XX<, !è1d r1f O:rl~ !~t:YI.E LiqI1C'S, Ire. Fer 'TIT> lcn:,flWl UmrY- Temt t«ptø.i .,----., RESOLUTION #97-330 was introduced by the Mayor and referred to the Council for action Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-330 "AUTHORIZING MAYOR TO EXECUTE 1997/1998 UEZ CONTRACT" was adopted. Upon individual roll call vote Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affinnative. RESOLUTION #97-331 was introd~ced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers DuPont and Failace RESOLUTION #97-331 "RESOLUTION APPROVING THE RENEWAL OF ARC. LICENSE NO. 1201-44-007-004, HELD BY COOKE AVENUE LIQUORS. INC. FOR THE 1996-1997 LICENSE TERM" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affinnative. RESOLUTION #97-332 was introduced by the Mayor and referred to the Council for action. t.ŒSOLUIT(I~ #97-332 1ffl:>b dm t{{U"'>Írf; 1.1~ PßU,nl (~ t~ß.c. l~ f.!lX)l....lMlJ7~Y., Upon MMS&C, by Councilmember's DuPont and Fazekas [þlJ:\ 1:y ('.ro<e /lYTLE Liq~)C", In:.. Foc 'TIT> l.Wl /l'm Li.œrl':E Tean .~ RESOLUITON #97-333 tI]tln:izlq; "!:æ Is,n...-.:.e (~ A .1I'ky.¡¡rl fulh'l",,' Lk.o:~ ']b IDrirl Er= Foe 'J):r. 1<JJl UŒ~ T~ RESOLUTION #97-332 "RESOLUTION APPROVING THE RENEWAL OF AB.C. LICENSE #201-44-007-004, HELD BY COOKE AVENUE LIQUORS, INC. FOR THE 1997-1998 LICENSE TERM" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affinnative. RESOLUTION #97-333 was introduced by the Mayor and referred to the Council for action. 8 OCIDBER 16, 1997 Upon MMS&C, by Councilmembers Gutowski and Fazekas ~'I.~LUITQ¡ #97-333 RESOLUTION #97-333 "AUTHORIZING THE ISSUANCE OF A JUNKY ARD DEALERS' LICENSE TO DAVID BASS FOR THE 1997 LICENSE TERM" was adopted. Upon individual roll call vote Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Adopted RESOLUTION #97-334 was introduced by the Mayor and referred to the Council for action. RESOLIJI'ION #97-334 Certifying Police Sergeants Councilmember DuPont read the names into the resolution. They were Officer Nick Mirandi, Officer Andy Tarrant, Officer McFadden and Officer Huchko. He said before he voted he wanted to speak on this saying it is a very serious problem that they have with this. He said he wants to give them a little insight on this and clear up a few things. He went on to say that the problem started last November, when the Chief of Police came to the Council saying there was a need for one (I) sergeant and without having interviewed or discussed backgrounds. The Council at that time decided to ignore the Chiefs recommendation and even took it one (I) step further by appointing four (4). He was wondering why they would ignore the Chiefs recommendation and he did ask all the Councilmembers up here. He commented that he was kind of shocked at one (I) Councilmembers response when she said they did it because they wanted to. It seemed odd to him that this Council person is the one telling everybody and getting very upset about tile fact the Council shouldn't run the Police Depmtment. He said he didn't know why initially they put in four (4) instead of one (I) (inaudible). He didn't know if it was for political reasons or some other reasons. He said it was unfair to everybody involved, the patrolman involved, the whole department. He said he heard statements saying to promote everybody to sergeants. He commented that it was a clearly ridiculous statement. He then said he wanted to quote some things JTom a letter from the Chief of Police that he had written October 1st of this year, and he quotes, "the statements, let them all be sergeants, demeans the position causes turmoil and disrespect to the rank. The rank structure of the department was totally destroyed and made meaningless by the recent appointment of officers in the position of .sergeants which weren't needed. Increasing the number of Sergeants that cheapen the rank of sergeants, and it goes on to say the way that the way the sergeants were promoted has an adverse affect on the lives and the careers of the members of the department. Finally the biggest statement was what they , (inaudible) of the Council, did was completely destroy the tables of organization of the department." Cœments 9 OC'lOBER 16, 1997 RESOUJITOO #97-334 Continued Comœnts '1 ._'.j'}~ .-.... ......, ~~".._-" Councilmember DuPont went on to say it is a very serious situation and the Chief came with a recommendation that was completely ignored. He commented on how we could completely ignore, the Chief of Police. When this was first started back in November we were told there were interviews done by all the people that were involved. Interviews ofthe officers that were up for the promotions. During our recent interviews we have now interviewed the officers involved. He asked every officer if they were interviewed last year and they weren't. So, there wasn't interviews. It was strictly done by the list. He commented that there was people skipped on the list and he is not sure why. This Council again did interview everybody this year and he said we are pretty fortunate that we do have many talented officers . He commented that he was very impressed about what he saw in the interviews. One last thing he wanted to say, he thinks it is important that everybody is clear on this, he wants to talk about the one officer that was probably affected most and probably the most disappointed, Officer Guiliano. He was appointed based on a Provisional List. Due to an appeal that was successful he was moved down a promotional list and because of the rules that we have to abide by, Civil Service, was then removed rrom the four (4) sergeants that were made. He said he knows he is a very good police officer and he will be a fine sergeant someday. He thinks that he was made a political pawn and he is sorry for him and he is sorry he is suffering. He is sure it is hurting him. He is also sure he will do his job to the best of his abilities and that he will continue to be a very good officer. He also wants to make it perfectly clear that Officer Guiliano did not have his stripes taken away rrom him tonight because of anything he has or hasn't done. He lost his stripes tonight because of a political move. He is very confident in saying that. The Chief of Police was ignored and political agendas were put first and he said that is a shame and he wanted to apologize to everybody involved on behalf of last years Councul and and his counterparts. He thinks it was the wrong thing to do. We had a very difficult decision with this and he thinks we have taken the best course we could now. He said he thought it was important, especially with police promotions that we do listen to our Chief of Police because he is a very knowledgeable person and we do take his recommendations seriously. He voted yes on the four and again he said he was sorry to everybody involved and he is sure we will improve this process. Councilmember Failace said rrom the advice of counsel he had to abstain rrom this vote. He was not involved with any of the meetings with the candidates for the position. He said he would just like to echo and agree with Councilman DuPont . The problem that was created last year was not created by this Council, this Council was remedy to rectifY the problem. What was done shouldn't have been done and he won't go through the letter from the Chief, but he commented that they had been beat up left and right on this Police Ordinance. He said that Councilman Feingold asked them how they could do that to the Chief, yet the Chieflast year said one (I) sergeant and they ignored it. So what had been said and done to them over the ordinance is a lot of baloney and a lot of garbage and he stated that he abstained. 10 __ _.. ,_ ~_.. ~...__~4. ~-. ~ 16, 1997 Councilmember Fazekas said he wanted to state that going through this process he has learned a lot. He always thought that going by this list the test was the fair way. I found out that it is just part of the process that should be taken within the departments of the Borough. He feels though taking a test in conjunction with job perfonnances or appraisals or self evaluations, give you a complete understanding of that individual and also what is required of them. I think in the future, I hope we go through that process a little more diligently. This process I don't believe was that clean, but, I think under the circumstances we tried to make the best choice. Unfortunately an officer was disappointed and personally he will try to look and review that situation with the Police Committee and I will try and steer the Police Committee into reviewing that situation an talk to the rest of the Council and Mayor concerning that and that will be my obligation to that officer there. As far as the six (6) individuals involved I believe they are all qualified individuals, I believe they all have the capability, but it is judgmental and that was the choice that I had made and I say yes. RESOUJI'ION #97-334 Continued ComIlents Councilmember Feingold said he could not think of a more deserving person to receive the rank of sergeant than Officer Huchko, except for Officer Guiliano. It is interesting how they are depriving someone of something that he earned tonight and then attempting to cast the blame on to Ms. Bialowarczuk and him. He said there is another way this Council could have proceeded and it would have been perfectly legal. It was given to us by our attorney. Option number three (3) would have been to keep Officer Guiliano as sergeant. With the impact on the taxpayers, his opinion being negligible if any. It is interesting that Mr. DuPont points to the fact that we did ignore the Chiefs feelings on the amount of sergeants, but, passing the ordinance, dealing with the restructuring of the police we have language which he was diametrically opposed to. The police director and there's also an allegation or an intimation that we skipped over people for political reasons. He said we are skipping over those same people again here tonight and we are certifYing four (4) sergeants here tonight, when the Chief didn't want four (4) he wanted one (I), so again we are not following the Chiefs recommendation and again we are proceeding in that fashion.He sllid he is all for Officer Huchko and he is also for Officer Guiliano and he said what this Council is doing is not the proper way to proceed. We could proceed in a different manner and he thinks that that has political ramifications and there is a political agenda that is being unfortunately placed at the feet of Officer Guiliano. Again Officer Huchko is a very deserving person. He has ridden with him and seen his performance. He is a great officer and he is sure he will be great sergeant. He is sure he will work twice as hard as a sergeant. He is sure Officer Guiliano will work twice as hard back on the road, but he don't see taking this away ITom hirn. He commented to place the blame on him and Ms. Bialowarczuk for what has happened here tonight, he thinks you can see through it and it doesn't make any sense. They are proceeding precisely in the manner in which they say that we proceeded, skipping over the same people, appointing the same number of sergeants..... continued next page. 11 OCI.'OBER 16, 1997 RESOLUITON #97-334 Continued Conments ""¡ having language that allows the hiring of a Police Director. It is ludicrous, it makes no sense, it is not legal. He voted yes. Councilmember Gutowski commented that he didn't know what to say because everything basically has been said so he will be short. Last year before he came up here he was opposed to hiring four (4) sergeants. He believes at this point if we could have followed the Chiefs wishes and had just the one he thought we could do that, but if he is not mistaken he doesn't believe at this point we could have done that. We could not havr gone back to just one sergeant. Attorney Coughlin said his opinion was that based on the letter fTom the Department of Personnel that the only condition was a change in the status of the appellate and that since that occurred there could be only a reduction of one in tenns of the number of sergeants. That to do otherwise would have constitutèd a demotion and would have necessitated..........it would have been a different action on it's nature that the basis for the displacement would not have been by virtue of a successful appeal but rather by virtue of a reduction in force or a demotion. That opinion is consistent with his conversations with the folks at the Department of Personnel and so while, it would have taken other separate action to reduce the number of sergeants. Councilmember Gutowski said the number of sergeants that are there at this time, the Chief had requested just to have the one extra one. He don't feel that if the Chief feels he wants one that we have to go now add another one above the twelve (12) that are there. It is nothing personal against this Guiliano. They have spoken and he knows that and the four (4) Gentlemen that have attained this rank tonight are certainly as qualified as is Mr. Guiliano and the other two (2) that are being passed over and with that it is a very mercky situation but he said he would have to vote yes. Mayor Sica said he wanted to make a statement and he went on to say that last year when this camè up he was the Appropriate Authority and he don't think there is a file better than what he has on the Police Department. His file covers the arrests the officers made, every ticket every officer gave, every personnel problem they have. Mayor Sica went on to say he thinks he probably has a better pulse on who is a bad or good cop, by virtue of how many complaints he gets in the City Hall Every single complaint he has gotten pertaining to a Police Officer, has been investigated and looked into. He made the determination last year and it sure was not done on a political basis. He said he passed over some real good Republicans and appointed some Democrats as sergeants and some people that dislike him or he disliked he appointed as sergeants because they were the most qualified. It is proven tonight because we have already skipped over two (2) that he didn't think were the most qualified at the present time, to be a sergeant or in a supervisory position. Then he commented as for his statement that said he didn't care if they were all sergeants he doesn't. He said we have twelve (12) sergeants costing the city of Carteret sixty thousands dollars a year. 12 _/ Mayor Sica went on to say, what we get for that is all the patrolmen behind them knowing that there is going to be some movement in that sergeant's rank ftom time to time so they will take it upon themselves to educate themselves to be better Police Officers because somewhere along the line they will get a chance to be a sergeant and that is the only way that they can increase their income because after five (5) years they only get the raises, you only get merit raises by becoming a sergeant or a lieutenant, so his philosophy is that he wants to make sure that the moral for his people is up there. The people in his company knows at the drop of a hat he will give them a raise ifhe thinks they need one or deserve one. He commented that he doesn't have any union in his company because the employees don't want one because he treats them fair. He saia the same thing holds true of the police Department. When you have the ability of Patrolmen to move up the ranks then you have a department that will educate themselves and learn and do a good job, become involved in the community because it should mean something. He spoke shortly again on the costs of the sergeants. It comes to three (3) dollars for every taxpayer and it is well worth it. He said his recommendation and he doesn't care what the Chief says, is to make an additional sergeant because we have a sergeant that is going to retire in February so the cost to the city of Carteret was somewhere around seven or eight hundred dollars, which is minimal. He questioned why disrupt something that is working well Why disrupt the Police Department that he thinks is one ofthe finest Police Departments in the State of New Jersey and he commented that he had his ups and downs with the Police Department and he will continue to have them and with the Fire Department and Streets and Roads ,etc He said when he sees something that is wrong he will do something about it and if they don't like it, that is funny, but that is my job and to just do this tonight is ludicrous. There is no need for this. He said he has showed various members of the Council his filès on the Police Department and that is what he based his decision on last year, the people that are out there doing the work, giving back to the city of Carteret, like Sgt. Guiliano, like the other three (3) sergeants that he made last year, which were not political, becaus&ifyou look at it three (3) out of the four (4) were Democrats. Upon MMS&C, by Councilmembers Fazekas and Bialowarczuk RESOLUTION #97-334 "CERTIFYING POLICE SERGEANTS" was adopted. Upon individual roll call vote Councilmembers Bialowarczuk, DuPont, Fazekas, Feingold and Gutowski voted in the affirmative. Councilmember Failace abstained. Upon MM:S&C, by Councilmembers Gutowski and 'Fazekas, all bills appearing on the prepared list, properly audited and signed, wererdered to be paid. ,., QCI.œER 16, 1997 RESOLUfION #97-334 Continued Cœments Adopted PAYMEID' OF BIL1.$ 0Cl'0BER 16, 1997 PAYMENf OF BIll.5 Continued Vouchers, He: Volunteer Fire Canpany . ~..:. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in~he affinnative. Councilmember Feingold said he was looking through the Bill List and quite seriously he didn't see anything related to the Volunteer Fire Company He commented that he had to be at one of their meetings and they almost took his head off, and rightfully so, about bills. Vouchers that apparently hadn't been submitted for payment. He said at least they thought they were but apparently they hadn't been and he questioned if someone could assist him on the status of those outstanding vouchers. He is also inquiring whether the companies have received their contractual clothing allowances. He asked if someone ITom the Fire Committee would respond to him. Councilmember Fazekas said he would enlighten him. He said unfortunately it seems like that bill, which he had told the Mayor, was signed and now it seems like it has just disappeared. He said that is the one about the stipend. Councilmember Feingold asked which company got their stipend. Councilmember Fazekas said just the one company received their stipend. He said they signed that bill. Councilmember Feingold again asked which one. The Clerk said number one. Councilmember Feingold asked why number one would get theirs and not number two. Councilmember Fazekas said they did sign the bills and they have to find out where they are. There is also public bills that haven't been paid and we have to talk to the Superintendent about that and discuss that with the Mayor. We will have to have that Special Meeting with Mr. Greenberg, the Mayor and the Fire Committee and he told Councilmember Feingold if he wanted to be part of that he was welcome to. Mayor Sica said what is happening and then he commented to put this thing to rest once and for all, tomorrow first thing in the morning, they will call the Purchasing Department and have all the Fire Department bills processed, including the stipend. Councilmember Feingold told the Mayor they weren't there, he checked that. Mayor Sica said the stipend has to be there somewhere. He then asked Councilmember Feingold ifhe had copies ofthe bills on him. 14 "----- OCIOBER 16, 1997 Councilmember Feingold said he did, vouchers Continued Mayor Sica then said to give him the bills right then. Councilmember Feingold said he wanted to request that the stipend be paid. Mayor Sica said to tell the Purchasing Department to make up checks for those bills and the check for their stipend. He then asked if the Governing Body present agreed with him. All the Governing Body present said said yes Mayor Sica continued to say he wanted the checks on his desk by 2:00 p.m., tomorrow afternoon and the check could be picked up at 3:00 p.m. Councimember Fazekas said he also wanted to bring 111 the Superintendent to find out why they are not being paid. Mayor Sica agreed. He said he wants the Superintendent, the Fire Committee and the whole Council together at the next Agenda Meeting to find out. He said this is the same thing that happened years ago and it is not going to happen again. Attorney Coughlin suggested to Amend the Bill List to include the bill that was submitted so that there is authorization.... Mayor Sica agreed to amend the Bill List Upon MMS&C, by Councilmembers Failace and Fazekas and the unanimous affinnative vote of the full membership present the Bill List was amended to include a bill just submitted for payment. BILL USf AttÐIDID Councilmember Feingold said this Borough is very very fortunate and he notes that they have the Chief and President of Fire Company No.2 present and numerous members from the Volunteer Fire Department, that these members do things the right way, unlike the way the Borough has been acting (inaudible) the Fire Department and the Fire Committee and they come here as Gentlemen to present their case to us and have their documents ready. Councilmember Feingold went on to say if they reacted the way this Borough reacted they would have burning buildingsoand no response and then he voted yes to amend the bill list. Councilmember Gutowski said he was going to request also that when they get in touch with the Purchasing Department and find out the reason what happened to these vouchers, because they signed them. He said he voted yes to amend the bill list 15 OClUBER 16, 1997 Bill list voted onasAmended APPLICATIONS REPOJn'S Counci1member Bialowarczuk He: Sgt. Guiliano .;,~ .-·_~_·'-'tf~l!:;::} /¡,'<:>, j '~"":>'"Y 'J'.,"-,.,.--,"_ Mayor Sica commented that they were going to have all of them, the Fire Superintendant, Fire Department, Purchasing Department, etc. to get to the bottom of this topic before it gets out of hand. Attorney CougWin told the Clerk to now vote on the Bill List as amended. Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affinnative vote of the full membership present, the Bill List was voted on as amended. The Clerk stated that she was in receipt of an application from Carteret Jewish Community Center amending their Bingo License #BL 1451 by adding dates. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affinnative vote of the full membership present it was ordered to be approved. The Clerk stated that she was in receipt of the following reports: Inspection of Buildings - September 1997 Treasurer - September 1997 Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affinnative vote of the full membership present all reports were ordered to be received and placed on file. Councilmember Bialowarczuk said she would like to as couple of comments before she does Buildings and Grounds, on the Police Sergeants List, to clarifY this with Mr. DuPont. When she was talking about the Police Ordinance about control over the Police Department, if they had paid attention she was talking about civilians running the day to day operations of the Police Department, not hiring or promotions or anything else. Day to day operations. She said Mr. Feingold was correct in that-it was not necessary to demote Sergeant Guiliano when they could sit up here and spend $100.000.00 last year in consultant fees they could afford an extra $2,500.00 to keep stripes on a man's shoulders. She said this isn't political, she commented that Mr. DuPont, before he was elected, didn't like what we did. What he has made it is vindictive because he kept at it with his comments. She said he will go home tonight and sleep just fine because he figures he got even. That is all it is, because as the Mayor said, none of the promotions were political. There were people that were Republicans and Democrats. That had nothing to do with it, it had to do with who could do the job. If he feels he has to depend so much on the Chiefs choices.....then she said Mr. DuPont didn't go with the Chiefs choice He ignored it, so he should be asked why, since he is accusing them of ignoring it. 16 ,...¡""'"../ . . . .~ Councilmember Bialowarczuk said she has been through a lot of differences of opinion with these guys up here but she would never be vindictive or hurt anyone. She said she thinks Huchko will make an excellent sergeant. She has known him for years and she went to school with him and Mr. Guiliano. She said she could never do this to someone and live with herself She spoke again on how they would be spending money on different things. She said Mr. DuPont is being outright vindictive. BUILDINGS & GROUNDS: Councilmember Bialowarczuk reported progress. FINANCE & ADMINISTRATION: Councilmember Failace spoke about the budget numbers being on course and then he said they would make a couple of changes the beginning of November. He wanted to make people aware that there will be a Tax Sale scheduled for November 17th. They will be selling the ,1996 taxes. He commented if anyone hasn't paid the 1996 taxes they should try to do so now. With that progress. FIRE: Councilmember Fazekas said the bid on the roof will be November 6th. He said tonight there was a resolution for the radios. He put Scott Pine on there and one of the things that we have to discuss though is that the Fire Committee the Volunteers and the Career have already chosen radio equipment and it seems like there is a conflict and he thinks that has to be discussed and he suggested to the Mayor to do that tomorrow, when they try to find out where the bills are going. He then went on to say that every year we have Open House. Unfortunately the individual person running it has come up with some health problems. He had requested that somehow we organize an Open House for this month, if not next month, for this certain individual He commented he did not know the status of that person and he thinks with regard to that we still need an Open House for October, maybe something in conjunction with the Halloween Parade. He sends his best to this individual. With that he ended up with moving right along. PARKS & RECREATION/SHADE TREE: Councilmember Gutowski said the HaJloween Parade will take place on October 31st, which is Halloween Notices have gone out to the schools and organizations. Recreation Chairperson, Beverly Hedesh is handling the parade and she can be contacted in her office in Borough Hall or through the Clerk's Office. Councilmember Gutowski went on to say the Halloween Parade will be at 6:00 p.m., followed by the Rag A Muffin Parade, sponsored by the PBA, which will take place in the High School Stadium. The Parks Department is still functioning. Mr. Kolibas is still out ill and he wished him hope for recovery. He then spoke on a problem that has been ktlawing at him, with some personnel things that are going on. He had a meeting with some of our workers a (.;ouple of days ago and he tried to set them straight about if what was going on doesn't stop. 17 OCI:'OBER 16, 1997 eounci1member Bialowarczuk Continued <nt1ITfEES 0Cl'0BER 16, 1997 <n1Ml'ITEES Continued A''''' / ; ,,;·:::;·<.,t, ".,,,;,.'.,,~ Councilmember Gutowski went on to say he wants to go on record here saying he hopes he has the support of the entire Council. If we could find who is perpetrating what is going on, whether it,be a worker of this Borough or a private citizen, this Council, Mayor and Borough will prosecute them to the fullest extent of the law we cannot have what is going on here. He commented that he really couldn't go into much more detail than that but he wants to go on record as saying that they will catch whoever it is and if it is a private citizen they will prosecute them and if it is a worker of this Borough they will do what they can to resolve that problem even if it means tennination. He commented they can not have what is going on here and with that the parks are still in Carteret. POLICE: Councilmember DuPont said again he would quote his Chief statements that, "Let them all be sergeants means with the position causes turmoil and disrespect for the rank. Increasing the number of sergeants has cheapened the rank of sergeant and the most important is they, (inaudible) destroyed the table of reorganization of the department. He said he will sleep fine tonight because he did what he thought was the right thing to do under the circumstances and he believes the Mayor summed it up perfectly when he said he doesn't give a d _ _ n what the Chief says. He commented that he is head of the Police Committee and he gives a d _ _ n. He reported progress. PUBLIC WORKS: Councilmember Failace said he wanted to mention one more time about the Leaf Bag Program. The bags are down there, if you need them please go get thern. He commented that they won't tolerate the leaves in the street. If you leave them out in the street you will get cited for a violation. He said he didn't have the hours they are open in ITont of him. He said if you call 541-3880 they will tell you and when you go down and pick them up bring your tax stub with you. He also said if you didn't already register you need that tax stub to register. MUNICIPAL GARAGE SERVICES: Councilmember Feingold said he just found the $2500.00 that we can give Sergeant Guiliano. He said he has a letter dated October 16th ITom Community Grants and Planning , another intelligent and important and he says that sarcastically, consultant, that this Borough, this Council has hired, well, he stated he was not sure what it was all about but he sees here that they want a fee not to exceed $2,800.00 and of course they say that this is beyond the scope of their services and requires our explicit authorizations, so work we could have had done by Pat Holden and her staff who was eminently qualified to do that, is being done by a political appointment here, by a political hiring and they want money and it could have gone to Sergeant Guiliano. He commented he is not sure what it is all about but it looked to him that it is not the first letter he has got since we started paying these guys . They wouldn't even lift a pen until we authorized a resolution for payment. 18 , r--_"..<_ Councilmember Feingold commented as Debbie Bialowarczuk and the Mayor said, for the amount of money that is being spent under the guides of the (inaudible) ofthe Borough in finding these grants for us, it could be spent on keeping the moral up in the Police Department and not hurting somebody and again casting the blame on the last Council he thinks is just completely off the mark. In fact what it is doing is transferring the responsibility that lays with this Council in what is happening today and is an attempt to stray the minds of confused people as to really what is happening and what could have happened because he wants it to be clear that we have skipped over the person that this Chief wanted todày, so if he cares about the Chief, as he said, then he questioned why we skipped over the person he wanted and felt was most qualified. After reviewing this guys qualifications it showed he had a lot to offer as a sergeant in this Borough. He commented there was no reason other than disregarding what the Chief wanted. He then said with that things are rolling right along in the Garage. MAYOR SICA - At this time he would like to make a few announcements. Number one (I), Duie Pyle started their construction in their new facility in the city of Carteret It cost them about three (3) million dollars to do. He said it will add a nice rate on our tax roles and it is his understanding within the next six (6) months they win be hiring people as soon as their facility comes on line. He said he invited the Governor to come here next week for a ground breaking ceremony on that particular project. He said the Governor may go through the City of Carteret on Sunday on a bus tour because she feels Carteret is foremost in creating new ratables and new jobs for people as witnessed with the Refrigeråtion Plant down at AMAX, White Rose Food Project, the DB. Brown project Garden State Paper, direct container line, etc. etc. Also up in West Carteret he is happy to announce that AmQuick is in the process of purchasing four (4) aces of land to build an Equipment Rental Sales Office and Depot which could bring in a lot of tax dollars. In addition to that he said we didn't hire any grantsmen in the Housing Authority, but we did hire a guy named Richard T. Fox. as our Housing Director and he thinks that was probably one of the best finds we made in a long time and tonight he is happy to announce that Mr. Fox and his people will of been successful in acquiring a Grant ITom the Federal U.S. Department of Housing and Urban Development for $776,276.00 and that is going to go to a hundred needy families in the city of Carteret. and subsidize paying their rent in decent houses. He then asked Mr. Fox to summarize it . Mr. Fox spoke on this shortly, most of it being inaudible. Mayor Sica thanked Mr. Fox on behalf of himself and the Council. He said he himself sent Mr Fox at least fifty (50) notes in the past year about people not having a place to live and he always was kind enough to help him and he said this kind of thing says a lot for the citizens of Carteret, that we are willing to go out there an help the less fortunate. He spoke on this for a while. 19 QCl'OBER 16, 1997 aH\l'l'fEES Continued MAYOR SICA OCIDBER 16, 1997 ~.. Mr. Fox said something inaudible to the Governing Body as he left the meeting and they applauded him. PUBLIC DISCUSSION Upon MMS&C, by Councilmembers Gutowski and Failace and unanimous affinnative vote of the full membership present the meeting was declared open for public discussion. Attorney Hedesh, He: Gary Guiliano and R. Greenberg ADJOURNHENl' Attorney Hedesh told Councilmember DuPont that he wasn't saying he disagrees with him but he has to make a provision here, you have to appoint Gary Guiliano. He stated Gary Guiliano and he are not necessarily close fTiends They almost had a fight two weeks ago at a fire. He spoke favorably about Gary Guiliano and he said it would be a shame to take those stripes off those shoulders. He is the kind of person you should give extra to. He should be kept on as Provisional and then certified in February. He then told Councilmember Fazekas that he was present when Councilmember Feingold got abused the other night and then Councilmember Feingold called him the next day at eight o'clock in the morning and badgered him because he figured he has more time than he does. He called the reimbursement people and they said they don't have a voucher. There is not a voucher down there. They told him the voucher for Fire Company No.2 had been refused to be signed and it went back to Greenberg. He commented that there isn't one (1) voucher down there. He explained that the reason for this is that Mr. Greenberg has been out tifty nine (,59) days of work this year and forty eight (48) weekends and it is only October. He said he wrote a letter September 12th. He commented that Richard Greenberg doesn't get holiday leaves and he has already taken 14 and one half holiday leaves. He also just found out tonight that Mr. Greenberg authorized a $400.00 watch for himselffor twenty-five (25) years of service to the Borough. He said there is not one other Borough employee that has gotten a twenty-five (25) year watch for $400.00. He said that he should be fired He said he is doing Fire Watch at GATX. He also said he took twenty seven (27) vacation days. He commented that he is stealing the taxpayer's money. He said this was the reason there was no vouchers around. He is playing with the vouchers and he has done this for years. '- There being no further business or discussion, upon MMS&C, by Councilmembers Bialowarczuk and Gutowski and unanimous affirmative vote of the full membership present, the meeting was adjourned at approximately 8:40 p.m. Relipectfully submitted, , ~:-~~J Municipal Clerk KMB/lr 20