On The De(Fence) 

2/21/17 Caucus

PERTH AMBOY – R-93-2/17 Awarding professional services agreement calendar year 2017 to DeCotiis, Fitzpatrick, Cole & Giblin, LLP, to continue representation in various matters related to labor & employment, real estate, ABC matters and additional litigation, in an amount not to exceed $150,000.00 (Law)

The Council could not decide how they wanted to handle this Resolution. Suggestions were made back and forth as to if whether the amount should be reduced to anywhere between $20,000 (Councilman F. Gonzalez’s Suggestion) or perhaps to $75,000 for six months (Council President William Petrick’s Suggestion).

Business Administrator Adam Cruz reminded the Council, “We are doing this for the upcoming budget and we should do it for 6 months for the amount that’s indicated on the Resolution.”

Councilman Fernando Gonzalez suggested, “We should budget money for 3 months instead.”

Cruz reminded the Council, “This amount of $150,000 is less that what it was the former law firms (hired by the City).”

Gonzalez reminded the Business Administrator, “The Citizens’ money is important to me.”

Cruz countered, “It is to me, too.”

Acting Law Director Judy Verrone emphasized how important it was for the Council to pass this resolution (for the voting session on 2/22/17). She cited at least 4 pending suits that the City are defendants on. “Other cases include labor related issues ad OPRA Requests.”

Councilman Fernando Gonzalez made mention of a City Attorney that was at a previous Council Meeting that talked about the recent Buckeye Scope Hearing (Wendy Rubinstein). “Buckeye should pay for her.”

Councilman Jelmin Caba agreed with both Councilmen Gonzalez and Petrick. “The amount should be cut down to $75,000.”

After that, Council President  Bill Petrick said, “Last year we (the Council) gave the DeCotiis firm $30,000, then they came back to us they needed more money.”

On Resolutions R-89&R-90 awarding professional services agreements for Calendar Year 2017 to Hoagland, Longo, Moran, Dunst & Doukas, LLP.

R-89 was to represent the Dixon Rodriguez case and R-90 was regarding tax appeals.

R-91 was professional services to law firm and a litigation suit between the City of Perth Amboy and the Townships of Woodbridge and Carteret.

R-92 was another law firm for continued representation in the matter of Catel Inc.

Councilman Fernando Gonzalez was concerned about the amounts of monies that each resolution presented. “I want a report to see how the City has benefited with the money given to these law firms. Maybe we should just do $20,000 instead of $100,000.”

Law Director Judy Verrone defended the amount of $100,000 for Resolution R-90.  Verrone stated, “Last year, this firm was awarded $175,000 by the Council for Tax Appeals. We will see how much of that amount was spent.”

Gonzalez was not satisfied, “On what basis did we reduce the amount of $175,000 from last year to $100,000 for this year. We (the Council) need to make an intelligent decision on this matter.”

Councilman Fernando Irizarry weighed in on Resolutions R-89 through R-92 and questioned, “Can we do contracts on all of these?”

Verrone answered, “The terms of the contracts are set in  the Resolutions. We can’t perform services if we don’t have the funds. We submit itemized bills to the administration. We perform work after the money is authorized. If you table R-93, we will have no money to do the work.”

Councilman Fernando Gonzalez emphasized, “We only have a part-time attorney. We did an override on the Mayor’s ordinance and it’s not being upheld. We want to review all bills for all the law firms and I want a resolution to not pay for any part-time attorneys.”

Gonzalez also stated, “I don’t mind paying for the bills from the law firm that we use if the billing is justified.”

During the regular Council Meeting on 2/22/17 R-94 was pulled to be discussed separately on the agenda involving awarding a professional service agreement to the DeCotiis Law Firm. It was moved by Councilman Irizarry and Seconded by Councilman Jelmin Caba.

Councilman Fernando Gonzalez had a statement before voting: “If money from this contract is given to a part-time Law Director, we should table.”

When it came to vote whether or not to pass this resolution, Councilmen Fernando Gonzalez, Joel Pabon and William Petrick voted, “No.” Jelmin Caba and Fernando Irizarry voted “Yes.” Motion did not pass.

Acting part-time Law Director Judy Verrone told the Council, “You will not have any representation.”

During the Council Comments, Jelmin Caba said, “We need to figure something out as soon as possible about getting a Law Director.”

Business Administrator Adam Cruz said, “I would have liked the Council to extend the DeCotiis contract because of pending litigation.”