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HomeMy Public PortalAbout1996/12/05 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 Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey on Thursday, December 5, 1996. Upon individual roll call, the following were noted present: Councilmember Deborah Bialowarczuk II James Failace II William Feingold II James O'Brien II John 1. Vesey, Jr. Noted absent was Councilmember Jack Fazekas. Also noted present was Borough Attorney Robert A. Hedesh. The meeting was opened with a minute of silent prayer and the pledge of allegiance led by Mayor Peter 1. Sica. The Clerk stated that on November 27, ] 996, in full compliance with the Open Public Meetings Act, a notice of tonight's meeting was sent to The Home News & Tribune, The Star Ledger and posted on the bulletin board. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, the minutes of October 17 and November 7, 1996 were approved as transcribed and engrossed by the Clerk. Mayor Sica welcomed the students from Councilmember O'Brien's class who were present to observe how government works. 1 DECil1BER 5, 1996 COUNCIL t1EETING ROLL CALL PRAYER, PLEIX;E OF ALLEGIANCE STATEMENT OF HEETING NanCE APPROVAL OF HINUTES CONNENT DECil1BER 5, 1996 ORDINANCE #96-29 Capital Improvement Ordinance First Reading ORDINANCE #96-30 Salary Ordinance Hayor's Aide v¡f Insurance Coordinator Duties First Reading ORDINANCE #96-31 Amending Code - Leaves First Reading ORDINANCE #96-29 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held December 19, 1996, upon MMS&C, by Councilmembers Vesey and Bialowarczuk. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative for the adoption. Councilmember Fazekas was noted absent. ORDINANCE #96-29 II AN ORDINANCE PROVIDING FOR THE PURCHASE OF 20 COOKE AVENUE FOR THE BOROUGH OF CARTERET COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROPRIATING $60,000 FROM THE CAPITAL IMPROVEMENT FUND - RESERVE FOR SEWER IMPROVEMENTS AND $100,000 RECEIVED FROM THE BELLEMEAD DEVELOPMENT RESERVED FOR THE BUILDING ACQUISITION OF THE BOROUGH FOR THE COST THEREFOR" ORDINANCE #96-30 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held on December 19, 1996, upon MMS&C, by Councilmembers Bialowarczuk and Vesey. Upon individual roll call vote, Councilmembers Bialowarczuk, Feingold and Vesey voted in the affirmative. Council members Failace and O'Brien voted no. Councilmember Fazekas was noted absent. ORDINANCE #96-30 "AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET" ORDINANCE #96-31 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held December 19, 1996, upon MMS&C, by Councilmembers Failace and O'Brien. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative for the adoption. Councilmember Fazekas was noted absent. ORDINANCE #96-31 "AMENDING CODE OF THE BOROUGH OF CARTERET CHAPTER 202, ENTITLE "RECYCLING PRO GRAM II Borough Attorney Hedesh said that this was the appropriate place to plug this in without adopting a whole new ordinance. ORDINANCE #96-32 was introduced and adopted on First Reading and the Clerk authorized and directed to advertise same for Public Hearing to be held December 19, 1996, upon MMS&C< by Councilmembers Vesey an O'Brien. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative for adoption. Councilmember Fazekas was noted absent. ORDINANCE #96-32 "AUTHORIZING PURCHASE OF BLOCKS 207 LOTS 5, 6 & 7 FROM UNITED COUNTIES TRUST COMPANY" The Clerk stated that Ordinance #96-26 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough ofCarteret held on November 19, 1996. It was duly published in The Home News & Tribune on November 23 ] 996 with notice that it will be considered for final passage after Public Hearing to be held on December 5, 1996 at approximately 7:30 P.M.. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Council members present, the Mayor declared the Public Hearing to be open: SOPHIE CHEREPON asked what this was? Mayor Sica explained that these are fees that the Men's Softball Team, Women's Softball Team and Men's Basketball Team pay. They are the fees charged to various teams that pay. Mrs. Cherepon asked if the fees are being raised or lowered? Borough Attorney Hedesh explained that they have been changed over the years and the Auditor recommended that we update our Ordinance to establish them. Mayor Sica agreed and said that we are not changing them. Weare updating our Ordinance. DECEMBER 5, 1996 Comments ORDINANCE #96-32 Authorizing Purchase - 20 Cooke Avenue First Reading ORDINANCE #96-26 Park & Recreation Fees Public Hearing DECillliER 5, 1996 Hearing Closed There being no further comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed upon MMS&C, by Council members Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present. Adopted Upon MMS&C, by Councilmembers Bialowarczuk and O'Brien ORDINANCE #96-26 "AN ORDINANCE AMENDING CHAPTER 182 OF THE CODE OF THE BOROUGH OF CARTERET, ADDING SECTION 182-9.1 ENTITLED "PARK AND RECREATIONAL FEES II was finally adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative for the adoption. Council member Fazekas was noted absent. Approved and Adopted: DECEMBER 5.1996 Introduced: NOVEMBER 19.1996 Advertised as adopted on First Reading with Notice of Public Hearing NOVEMBER 23. 1996 Hearing Held: DECEMBER 5.1996 Approved by: MAYOR PETER J. SICA Advertised as finally adopted: DECEMBER 10. 1996 ORDINANCE 196-27 Engineering Department The Clerk stated that Ordinance #96-27 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough of Carteret held on November 19, ]996. It was duly published in The Home News & Tribune on November 23, 1996 with notice that it will be considered for final passage after Public Hearing to be held on December 5, 1996 at approximately 7:30 P.M.. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Public Hearing Upon MMS&C, by Councilmembers Vesey and Bialowarczuk and unanimous affirmative vote of the five (5) Councilmembers 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 Council members Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present. Adopted Upon MMS&C, by Councilmembers Vesey and Bialowarczuk ORDINANCE #96-27 "AMENDING CHAPTER 4 OF THE CODE OF THE BOROUGH OF CARTERET ENTITLED"ADMINISTRATION OF GOVERNMENT II 1+ Approved and Adopted: DECEMBER 5.1996 Introduced: NOVEMBER 19.1996 Advertised as adopted on First Reading with Notice of Public Hearing: NOVEMBER 23. 1996 Hearing Held: DECEMBER 5.1996 Approved by: MAYOR PETER 1. SICA Advertised as finally adopted: DECEMBER 10. 1996 The Clerk stated that Ordinance #96-28 was introduced and passed upon First Reading at a Regular Meeting of the Borough Council of the Borough ofCarteret held on November 19, 1996. It was duly published in The Home News & Tribune on November 23, 1996 with notice that it will be considered for final passage after Public Hearing to be held on December 5, 1996 at approximately 7:30 P.M.. The Ordinance was posted on the bulletin board and copies were made available to the general public and according to law, she read the Ordinance by title. Councilmember Failace stated that they got a letter yesterday and suggested that they table this Ordinance to discuss it in Closed Session. Borough Attorney Hedesh asked if he was referring to the letter from an attorney. The attorney, for some reason, didn't deem fit to understand that the Borough is always represented by counsel and in order to communicate with some one's client, he should communicate with an attorney. So, he didn't get a copy. He was told about it by telephone. He just got a copy today and just reviewed it now. It was read to him over the telephone by Mrs. Bialowarczuk. That only talks about the appointment. It doesn't have anything to do with this Ordinance. He told Councilmember Failace that his question would be more appropriate once they get to the resolution. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, the Mayor declared the Public Hearing to be open: There being no further comments or objections to the Ordinance, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Vesey and Bialowarczuk and unanimous affirmative vote of the five (5) Councilmembers present. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey ORDINANCE #96-28 "AMENDING CODE OF THE BOROUGH OF CARTERET SECTION 42-1, ENTITLED "POLICE DEP ARTMENT" 5 was final1y adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Feingold and Vesey voted in the affirmative. Councilmembers Failace and O'Brien voted no. Councilmember Fazekas was noted absent. DECEMBER 5, 1996 ORDINANCE #96-28 Amending Code - Police Sergeants Comments Public Hearing Hearing Closed Adopted DECÐ1BER 5 j 1996 Approved and Adopted: DECEMBER 5.1996 Introduced: NOVEMBER 19. 1996 Advertised as adopted on First Reading with Notice of Public Hearing: NOVEMBER 23.1996 Hearing Held: DECEMBER 5.1996 Approved by: MAYORPETERJ. SICA Advertised as finally adopted: DECEMBER 10. 1996 NEETING OPENED 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 Vesey and Bialowarczuk and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened for public input on all resolutions. t1EEIING CLOSED There being no comments or objections to the Resolutions, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present. RESOLUTION #96-322 Cancellation -- Tax Overpayment RESOLUTION #96-322 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-322 "CANCEL T AX OVERPAYMENT" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk. Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-323 Appointing Acting Supervisor - G. Carpenter RESOLUTION #96-323 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-323 "APPOINTING ACTING SUPERVISOR - STREETS AND ROADS DEPARTMENT" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Feingold, O'Brien and Vesey voted in the affirmative. Councilrnember Failace voted no. Councilmember Fazekas was noted absent. 6 RESOLUTION #96-324 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-324 "AUTHORIZING REFUND OF TAX OVERPAYMENT" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-325 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-325 "DIRECTING THE ISSUANCE OF BINGO LICENSES TO ST. ELIAS BYZANTINE RITE CATHOLIC CHURCH" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Council member Fazekas was noted absent RESOLUTION #96-326 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-326 "PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLlJTION #96-327 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Vesey RESOLUTION #96-327 "PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES" 7 \-vas adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent DECil1BER 5, 1996 RESOLUTION #96-324 Refund of Tax Overpayments Adopted RESOLUTION #96-325 Bingo Licenses Adopted RESOLUTION #96-326 Professional Services - T. Watkinson, P.E. Re: t1aster Plan Adopted RESOLUTION #96-327 Professional Services - J. Schiappa, Esq. Re: t1as ter Plan Adopted DECil1BER 5, 1996 RESOLUTION #96-328 Leave of Absence - v. Clarke RESOLUTION #96-328 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-328 "APPROVING LEAVE OF ABSENCE - VIRGINIA CLARKE" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-329 Purchase - 20 Cooke Avenue RESOLUTION #96-329 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmember Vesey and Bialowarczuk RESOLUTION #96-329 "GOOD FAITH RESOLUTION - PURCHASE OF 20 COOKE AVENUE" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. Comments Borough Attorney Hedesh stated for the record, that the statute requires that the purchase of property be done by Ordinance. In order to facilitate this because the attorney for the bank is going to be gone from the 23rd until sometime in January, they want to close the property on the 20th. He prepared the contracts for the Mayor's signature tonight. The next meeting is technically the 19th and they are planning to close the property on the 20th. He said that he would assume that anyone who voted for the good faith resolution and the ordinance is going to vote for the Ordinance on Second Reading. The title work and survey has been ordered and prepared for the closing. RESOLUTION #96-330 Authorzing Contract - Action Data Services Re: Payroll RESOLUTION #96-330 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-330 "AUTHORIZING CONTRACT - ACTION DAT A SERVICES" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. 8 RESOLUTION #96-331 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey RESOLUTION #96-331 "REVOKING RESOLUTION #95-301 - JOHN W. SPOGANETZ, ESQ. was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-332 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-332 "CERTIFYING NICHOLAS MIRANDI TO THE POSITION OF POLICE SERGEANT" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. Council member Failace asked Attorney Hedesh if this is the point of the meeting to explain the letter from the attorney? 9 Borough Attorney Hedesh said that he read the letter from Mr. Pope. They all have his written opinion that he prepared at the request of Councilmember Bialowarczuk. He said that he cited the relevant law and administrative code. What he says is that something must be passed for such action to occur. He said that he doesn't know what he is talking about. He said that he's done extensive research and the Council can have always from the rule of three. If you appoint # 1 you have # 1, #2 and #3 to choose from. Then you start removing people from the list. They are removed by either declining the position, which he doesn't know that anyone has done that, or.. .for the purpose of this discussion, they are removed from the list for a number of ways.. .Disciplinary or cause, which is neither here nor there. They decline the position which no one did or they are appointed. Once # I is appointed, then #2, #3 and #4 move up. Out of those three, the rule of three still applies. You always have # 1, #2 and #3, so you could choose rrom #2, #3 or #4. Once you choose #2, say you choose #4, as the Resolution says that moves #5 up to the rule of tllree. You always have the rule of three. The Police Chiefs powers are well-detìned by statute and it says that the Police Chief has certain powers. Those powers are specifically delineated. The Council has powers. The Police Chiefhas powers. The Council cannot interfere with the day to day of the Police Department. The Police Chief cannot interfere with the hiring, firing, establishment of the Police Department. DECEMBER 5, 1996 RESOLUTION #96-331 Revoking Resolution #95-301 Re: J. Spoganetz, Esq. Adopted RESOLUTION #96-332 Certifying Nirandi Police Sergeant Adopted Comments DECF11BER 5, 1996 Comments Con't. Borough Attorney Hedesh said those are clearly established by statute. In fact, it's called, commonly known as the Bill of Rights for Police Chiefs because it was put in so that civilian Police Directors could not come in and interfere. . That statute is clearly defined. As long as, in the opinion of the Appointing Authority, which in this case is the Council, the persons being hired are because in their estimation are hired because they are the best people available. They have every right to hire from the rule of three. The rule of three specifically provides that you do not have to go #1, #2, #3, #4, #5...whatever the order. It provides for that. It provides for the discretion of the Council. He knows of nothing in the letter that would allow or that says it has to be that person. As long as it's not a matter of discrimination and he doesn't see that issue because they are all white males, he sees no protected class here or anything that would lock the Borough into a civil rights question. As long as you are choosing the best people you deem available. Now that the Ordinance has been passed, and is available to be provided the resolution, he is assuming the Mayor signed the Ordinance. Consequently, you have the right of the rule of three. He said that he explained how based on the resolution, how the rule of three applies. The Council is well within their power, in his estimation, to make these appointments if they deem those people to be the best qualified. Councilmember Failace stated that the original Ordinance stated that there would be nine (9) Sergeants. We had eight. We could put one on. RESOLUTION ':f96-333 Certifying A. Tarrant - Police Sergeant RESOLUTION #96-333 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey RESOLUTION #96-333 "CERTIFYING ANDREW TARRANT TO THE POSITION OF POLICE SERGEANT" Adopted was adopted. Upon individual roll call vote, Council members Bialowarczuk, Feingold and Vesey voted in the affirmative. Councilmembers Failace and O'Brien vote no. Councilmember Fazekas was noted absent. Councilmember Failace stated that he thinks that all of these officers are fine gentlemen, but he disagrees with the Ordinance. RESOLUTION 4t-96-33/~ Certifying D. NcFadden - Police Sergeant RESOLUTION #96-334 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-334 "CERTIFYING DENNIS McFADDEN TO THE POSITION OF POLICE SERGEANT" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Feingold and Vesey voted in the aflirmative. Councilmembers Failace and O'Brien voted no. Councilmember Fazekas was noted absent. 10 Councilmember O'Brien said that it is nothing against these individuals at all. He agrees with Mr. Failace that we shouldn't have twelve. RESOLUTION #96-335 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey RESOLUTION #96-335 "CERTIFYING GARY GUILIANO TO THE POSITION OF POLICE SERGEANT" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Feingold and Vesey voted in the affirmative. Councilmembers Failace and O'Brien voted no. Councilmember Fazekas was noted absent. Mayor Sica stated that he was signed Ordinance #96-28 and giving it to the Clerk. RESOLUTION #96-336 was introduced by the Mayor and was referred to the Council for action. Upon individual roll call vote, Councilmembers Vesey and Bialowarczuk RESOLUTION #96-336 "PROFESSIONAL SERVICES CONTRACT FOR SURVEYING" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-337 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey RESOLUTION #96-337 "PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. 11 DECEMBER 5, 1996 Comments RESOLUTION #96-335 Certifying G. Guil iano - Police Sergeant Adopted Comments RESOLUTION #96-336 Professional Services - Shoreline Services Re: Chrome Section Sewer Project Adopted RESOLUTION #96-337 Professional Services - Robert A. Hedesh, Esq Re: Transtech vs. Borough of Carteret Adopted DECÐ1BER 5 J 1996 RESOLUTION #96-338 Professional Sel."vices - R. Hedesh~ Esq. Re: Nanella Sanitation vs. Borough of Carteret RESOLUTION #96-338 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk RESOLUTION #96-338 "PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION ~t96-339 Escrop Agreeoent - Cranbury Township RESOLUTION #96-339 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Council members Bialowarczuk and Vesey RESOLUTION #96-339 "AUTHORIZING MAYOR TO EXECUTE ESCROW AGREEMENT - CRANBUR Y TOWNSHIP" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. RESOLUTION #96-3/+0 Transfer of Surplus Funds RESOLUTION #96-340 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey RESOLUTION #96-240 "PROVIDING FOR THE TRANSFER OF SURPLUS FUNDS" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative Councilmember Fazekas was noted absent. Agenda /ú:1ended Councilmcmber Feingold asked to amend the Agenda to include Resolution #96-341. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk and unanimous affirmative vote of the five (5) Council members present, the Agenda was amended. 12 RESOLUTION #96-341 was introduced by the Mayor. The Mayor asked if anyone wanted to speak on this resolution. There being no comments or objections to the resolution, the meeting was closed to the public. Upon MMS&C, by Councilmembers Vesey and Feingold RESOLUTION #96-341 "AUTHORIZING URBAN ENTERPRISE OFFICE TO APPLY TO URBAN ENTERPRISE ZONE AUTHORITY FOR LOAN OFFICER" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. Upon MMS&C, by Councilmembers Bialowarczuk and Vesey, all bills appearing on the prepared list, properly audited and signed, were ordered to be paid. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Feingold, O'Brien and Vesey voted in the affirmative. Councilmember Fazekas was noted absent. The Clerk stated that she was in receipt of an application from the Carteret High School Bank Parents Association concerning amending RL 1418A-A by adding a date. Upon MMS&C, by Councilmembers Vesey and Bialowarczuk and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be approved. The Clerk stated that she was in receipt of a Public Notice from New Jersey Transit concerning 1997 Request for Federal Financial Assistance. Comments are accepted until 12/23/96. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. 13 The Clerk stated that she was in receipt of a communication from Fugro East, Inc. concerning an application for a permit for Tran~:continental Gas Pipe Line Corp. for pipeline maintenance projects. Comments accepted. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. DECil1BER 5, 1996 RESOLUTION #96-341 UEZ - Loan Officer Public Discussion Closed Adopted PAYMENT OF BILLS APPLICATION C.H.S. Band Parents Assoc. COHMUNICATION NJ Transit COMHUNICATION Fugro East, Inc. DECÐlBER 5, 1996 COt1t1UNICATION T\\7p. of Edison The Clerk stated that she was in receipt of a Resolution from the Township of Edison concerning opposing the proposed division of Edison into two area codes. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received, and place on file. COt1t 1UN ICATION Tvvp. of t1aple Shade The Clerk stated that she was in receipt of a Resolution from the Township of Maple Shade Supporting Initiative to Change the Mechanism for Funding Education in the State of New Jersey. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. COt'!t1UNICATION NJ DEP The Clerk stated that she was in receipt of a public notice from NJ DEP concerning 1997 Loans from the Wastewater Treatment Financing Program and Public Hearing, January 8, 1997, Lawrenceville, NJ on the Proposed Priority System Intended Use Plan and Priority List for FFY1998. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. COHt1UNICATION t1iddlesex County Department of Planning The Clerk stated that she was in receipt of a Notice of Public Hearing from the Middlesex County Department of Planning to be held December 5, 1996, New Brunswick, New Jersey on an amendment to the County's Solid Waste Management Plan. Upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, it was ordered to be received and placed on file. REPORTS Departraents The Clerk stated that she was in receipt of the following reports: Board of Health, October, 1996 Clerk's Office - November 1996; To Treasurer - $1,491.80 Fire - October 1996 Upon MMS&C, by Councilmembers O'Brien and Vesey and unanimous affirmative vote of the five (5) Councilmembers present, all reports were ordered to be received and placed on file. Standing Committees BUiLDINGS & GROUNDS: Committee Chairperson O'Brien reported that the electrical upgrade is done. On Resolution #96-340, money was transferred to Buildings & Grounds Othcr Expenses. That money is to pay for that work. Ray Tobias is prepared for winter. Patrick DeBlasio and Ray Tobias are checking on getting a glass case for when you walk into Borough Hall to display various pictures, plaques and whatever. He reported Progress. 1/~ FINANCE & ADMINISTRATION: Committee Chairperson Failace reported that the budget is still their target and it's looking pretty good. We'll probably have a bit of surplus at the end of the year. Patrick DeBlasio has sent out all of the letters to all of the departments asking that they come back with their information for the 1997 Budget by December 16, 1996. We will sit down and meet with each of the departments and move forward on 1997. He reported Progress. FIRE: In the absence of Committee Chairperson Fazekas, Committee Member Vesey reported Progress. PARKS & RECREATION: Committee Chairperson Bialowarczuk reported that tomorrow night, December 6, 1996 is the Christmas Tree Lighting in Carteret Park at 7:00 P.M.. They will have hot chocolate, cake and Santa Claus will be there for the kids. They will also have Christmas music. She hopes that everybody comes out and has a good time. They are also running again, this year, the House Lighting Contest. The judging will be on December 16, 1996. The applications are at Borough Hall. This year the prizes are gift certificates from ShopRite for $300.00 to the winner, $250.00 for 2nd Place and $200.00 for 3rd Place, $150.00 for 4th Place and $100.00 for 5th Place. Last year the people that won were absolutely thrilled and they had a good time doing it. If anybody has any questions they can also get in touch with Beverly Hedesh. She reported Progress. POLICE: Committee Chairperson Feingold congratulated Nick Mirandi, Andy Tarrant, Dennis McFadden and Gary Guiliano on their appointments noting that what he has to say factored into his decision as whether to vote yes or no. Nick Mirandi is one of our finest patrolmen. He is out there on the road. He is always visible. He's always doing a fine job patrolling Carteret. He scored first on the test. He showed his ability to do well on paper which translates to doing well in an administrative capacity as a Sergeant. Committee Chairperson Feingold said that he rode with Andrew Tarrant one night and they saw a family in crisis involving a juvenile over in Woodbridge and 75% of what they did that night was helping people, helping the residents of Carteret. Not hassling, not harassing, like you hear about people complaining about Police Officers doing nothing positive. He again said that 75% was helping people, particularly this family in cnSlS. Committee Chairperson Feingold said that Dennis McFadden does a great job in traffic. Since he's taken over traffic, they've had great enforcement and less problems in traffic. He is also in charge of all of the Crossing Guards in Carteret. He can't think of a more important function than making sure out kids get to and from school safely. 15 Committee Chairperson Feingold stated that Gary Guiliano takes care of the Chrome Section. When he walks down there, everything stops. He knows everybody. They know him. When he's around, nothing's going to go wrong. DECEMBER 5, 1996 Standing Committees Con't. DECll1BER 5, 1996 Standing Committees Con't. Committee Chairperson Feingold stated that is why he voted for people like Gary Guiliano, Dennis McFadden, Andy Tarrant and Nick Mirandi. He said that he also has a letter from the Prosecutor. For those who don't know, there was a murder in Carteret some time ago. Gary Guiliano testified and he'll use the Prosecutor's words " professionally and honestly". That's the type of people we need to lead our Police Department, honest and professional people. He also congratulated Lt. Barry Auker, Sgt. Ronald Bennett, Ptl. Mark Makwinski, Dispatcher Joy Walko and Bobby Hedesh who also testified and were able to get justice for the family of the victim in that particular case. He reported Progress. PUBLIC WORKS: Committee Chairperson Vesey reported that Mr. Biel is back from vacation. Everything is going fine. He reported that in Recycling, they are picking up all of the leaves. They've got a good jump on the leaves. They are just about done and all of the leaves are down. He reported that Mr. Surick is back. They have the salt ready for the first now. Mr. Surick has a crew ready for tomorrow to do potholes if the weather is good. He reported Progress. MUNICIPAL GARAGE SERVICES: Committee Chairperson Failace reported that Vic Kazio told him that the cheny picker is ready to go. It got painted. There are some minor problems with it, but the training was done on it. It is ready to go and the trees are ready to be cut. He reported Progress. Public Discussion 5 Hinute LirJit Upon NIMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened to the public. Leber Ave. Flooding SOPHIE CHEREPON said that she saw the resolution for the Chrome Section Sewer Project. She hopes that they d.o a better hob there than they did on Leber Avenue. They're still getting flooded after the sewer project was done. Mayor Sica explained that the sewer project on Leber Avenue is never going to solve the flooding problem. All they are trying to do is to put less water into the sanitary system. The only way to ever stop the flooding in the City of Carteret is to block offNoe's Creek. Lever Avenue happens to be lower than the river when the river is at high tide. There is no way it's ever going to go away. The only thing they can try to do is to lessen it like they are doing. The flooding problem is never going to go away. Just like it's not going to go away in Greenbrook, Rahway or \Voodbridge. We're lower than the river. We have a problem Sophie Cherepon said that it is a shame that they pay taxes and they have to move their cars in the middle of the night and put them almost in the back yard. 16 Reyclcing - Pallet Co. Mrs. Cherepon said that yesterday's newspaper had something about the pallet company becoming a recycling company. She asked if it would involve any type of incineration? The Mayor said no, it is recycling. They didn't get a permit to build an incinerator. The newspaper said that they got a permit to separate wood, plastic, cardboard and paper. Mrs. Cherepon asked what happens when they separate them? The Mayor told her that they sell it. Mrs. Cherepon noted that the paper stated that there was a public hearing in March which she was not aware of. Mayor Sica asked her if she was a member of the SW AC Committee, but she said she isn't anymore. AN UNIDENTIFIED WOMAN said that she is from Carteret Middle School and is interested in doing that "Government for a Day" Program. She spoke to Mrs. Homes and she is very interested. Mayor Sica said that they can do it whenever they want to do it. She said that Mrs. Holmes also invited the Mayor to come to talk to the children. Mayor Sica agreed and said that he will come at their convenience. He told her to contact the Borough Clerk to set up the" Government for a Day" Program CRAIG BEASLEY asked about the resolution added tonight pertaining to the Loan Officer for businesses. He asked who will establish the criteria for the position? Mayor Sica noted that it is already established. It is not for someone to come in. It is an officer that will set up the paperwork for businesses that want to borrow money from any funding that we have. We have to set up the paperwork and make sure that it is all legal and proper. It's a part- time job. There being no further business or discussion, upon MMS&C, by Councilmembers Vesey and O'Brien and unanimous affirmative vote of the five (5) Councilmembers present, the meeting adjourned at approximately 8:00 P.M.. Respectfully'submitted, ;!¡¡¡i{;?] '~-/;µ ¡ l t t"(.~-;Z./;Z í>" .'~ "<-[V /KATHLEENM BARNEY ,-->. ---/ . , Municipal Clerk 17 KMB/sj DECÐ1BER 5, 1996 Recycling Can't. Government For A Day Program UEZ Loan Officer ADJOURNED DECÐ1BER 5, 199 6 COUNCIL t1EETING ----- 18 -------.----- -- ---------.--------------- COUNCIL MEETING BUILDING ESCROW W. THOMAS WATKINSON PUBLIC ASSISTANCE TOTAL CHARGES TO 1996 BUDGET TOTAL CHARGES TO 1995 BUDGET TOTAL CHARGES TO CAPITAL IMPROVEMENTS TOT AL CHARGES TO TRUST ACCOUNT TOT AL CHARGES TO LIBRARY RESERVE TOT AL CHARGES TO OTHER RESERVES TOTAL CHARGES TO GRANT FUNDS TOTAL CHARGES TO COMMUNITY DEVELOPMENT TOTAL CHARGES TO DOG TRUST FUND TOTAL DECEMBER 05,1996 $1,615.00 64,693.35 52.45 126,889.54 172.65 758.95 715,088.31 35,962.60 8,284.01 0.00 $953,516.86