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