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Bids Questioned. Who Should Pay?

90 Day Extension Granted 6/14/17 Council Meeting

PERTH AMBOY – During the Public Comments, Resident Stanley Sierakowski had a question about Communication No. 9 dealing with services being provided by Berkley Insurance that Council President Bill Petrick had asked B.A. Cruz that the Council be provided with copies of 5 other proposals submitted.

Sierakowski was puzzled and asked if the Attorney reviews contracts before they are presented to the Council. “Was Fairview an RFP? I don’t understand the same amount of proposals from 5 different contractors. Sierakowski also questioned R-243 extending the contract of Peter King for an additional 90 days. “Is this the final 90 days? Or will it be perpetual? Is the Attorney encouraging the Administration to look for permanent attorney?”

Acting Law Director Peter King responded, “I was not requested to review contracts.”
Sierakowski responded, “I find that incredible.”

King continued, “I had no involvement with Fairview. I’ve review some of the contracts, but not all of them.”

Councilman Bill Petrick asked King, “You didn’t review any of these contracts? You are the Attorney.”

King responded, “I haven’t been asked to review contracts.”

Resident Jeremy Baratta came up to speak and asked King, “Do you review OPRA requests?

King responded, “Yes, I do.”

Jeremy then questioned, “Who then reviews the contracts?”

King responded, “Usually  a broker will review and I don’t know the information the broker gets.

Baratta then said, “This is why the Council suggested  they get a full time Attorney. This way a full time Attorney would have all the resources and departments at hand to get information. We need to stop doing these 90 day wonders. The Council sets the laws and controls the money for the City. The Council needs to put pressure on the administration to enforce the law.”

Resident David Caba came up to speak and wanted to know why the Acting Attorney is getting another 90 days.

Council President Bill Petrick said, “It’s at Administration request. We will decide on this, tonight.”

David Caba asked about the DeCotiis’ cases and the ones that they are working on.

Petrick responded, “Yes. DeCotiis took over Blunda’s cases.”

Councilman Fernando Gonzalez made a comment, “The Council decided to have Mark Blunda to continue working on the cases involving the YMCA.”

Councilman Bill Petrick said, “DeCotiis is also working on 3 cases, one which involves former B.A.Peter Pelissier.”

Acting Law Director King said, “The other 2 cases involved the former Chief of Police and the painting of the Runyon Tanks. “DeCotiis should be done with their cases by the end of the week.”

Resident and HPC Chair Reinaldo Aviles came up to speak about the Water Stadium Project. He stated, “Proposals were made by a expert architect by the name of Justin M. Spivey who believes that it will be in the best interest to restore the gateway. It is of historic and sentimental value.”

Aviles went on to state, “This was a WPA Project which put local people back to work. This wall has lasted 80 years and it might last another 80. This Historic Architect (Spivey) was hired by the Board and Superintendent. The Board of Education Secretary, Derek Jess will reject all bids of this $800,000 project. The ball is now in the City’s court. Who will pay after the estimate for the restoration? The City? Or will the cost be split with the Board of Education?”

Councilman Fernando Gonzalez addressed this situation. He was adamant that the Board of Education, “Since they are the main user of the facility – they should pay for the cost of $800,000. A letter should be written on our behalf stating this.”

Council President Bill Petrick had a different view. “The City needs to consider hiring Spivey (Historical Architect) for an estimate.”

Gonzalez retorted, “The local taxpayers should not have pay.”

Petrick stated, “It will get bounced back and forth.”

Aviles interjected, “I got the impression at the end of the Meeting (between the Board of Education, Superintendent, etc.) that everyone agreed that the City should have the final word.”

Gonzalez spoke up again, “Let the Board of Education do it.”

Petrick still insisted, “The City should work with a standard point of knowledge.

Aviles suggested, “If the City comes up with part of the money, then the HPC can budget part of our money for the cost.”

Councilman Jelmin Caba agreed with Fernando Gonzalez.

Councilman Joel Pabon said, “It’s in our best interest to look at this.”

Gonzalez then mentioned, “We have a lease agreement.”

Petrick came back and stated, “Unless we get an expert opinion, the Board will make all the decisions.”

Councilman Fernando Irizarry suggested, “Let’s get an estimate first, then make a decision.  I don’t know if the lease agreement is still in effect. The Board of Ed did a lot of improvements without a cost from us.”

After Irizarry spoke, Renee Skelton Vice-Chair of the HPC came up to speak and said, “I agree with Councilmen Pabon, Petrick and Irizarry. The HPC’s mission is to preserve history. Our expert is good, but we need more information.”

Fernando Gonzalez still had more to say, “In my business (real estate), I have put together a lot of contracts where tenants will take care of a lot of things. The Board of Education has $200 million budget, most of which comes from the State. If we don’t ask the Board of Education to pay, then we may have to pay. A lot of the Board of Ed Members have an interest in this.”

Joel Pabon then spoke, “The ball is in our court. That’s their answer.”

Fernando Gonzalez still pleaded and said to the City Attorney, “Please submit the letter to the Board of Ed (about paying the cost of the estimate) and let’s see their answer.”

Councilman Irizarry finished off the conversation with, “Let’s not waste time. You know the answer will be no. We should just do a resolution to allocate funding for an estimate.”

Acting City Attorney Peter King wanted to let the Council know, “Former Law Director Mark Blunda is working on one other case with the Public Safety Complex Appeal.”

R-243-6/17 – Consenting to the extension of the appointment of Peter J. King as Acting Director of the Department of Law for a period no longer than 90 days from July 4, 2017.

Councilman Fernando Gonzalez agreed that King has done a good job since he’s been with the City. “Sometimes when I call him, he’s in court and I may not get a call back from him for a few days later. I’m pleased that the billing is less with him.”

Councilman Pabon wanted to know, “Can they (the administration) bring you back (after the 90 days?)”

King responded, “Yes, there is a third time.”

Pabon asked, “Have you ever considered full time?”

King responded, “I think the City wants to see how I work out. I would like to be full time.”

Pabon said, “This our guy.”

R-243 passed with Councilman Fernando Gonzalez with the only “No” vote.

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