7/9/18 Caucus & 7/11/18 Council Meeting

PERTH AMBOY – Handicapped parking came into question again during the 7/9/18 Caucus Meeting. An applicant by the name of Corona had been denied a handicapped parking spot (due to the maximum amount of handicapped spaces allowed on a block.) Council President Bill Petrick had asked this to be put on the agenda for a topic of discussion.

Councilman Fernando Irizarry said he was sympathetic to Corona’s situation, “But if we (the Council) established ordinance and if we make an exception, it will set a precedent and people will ask for the same situation.”

Petrick responded, “There was a person on Market Street who appealed to us and we have him a handicapped space in the business district. It was a denial first because of what was in the ordinance.”

Irizarry spoke again, “It was grandfathered in the ordinance.”

Petrick then answered, “It wasn’t in the case on Market Street.”

Councilman Fernando Gonzalez spoke up and said, “This is an appeal process which we can accept or deny, and it doesn’t set a precedent.”

Petrick then suggested, “We can have this put on the next Meeting for a vote.”

Councilman Helmin Caba then weighed in, “This won’t set a precedent and people can appeal. We need to do a better job on who moves or passes away that had handicapped spots. I found a spot where a handicapped a sign should have been removed a long time ago. Jersey City has half the amount of handicapped signs and they have a much bigger population.”

Councilman Joel Pabon spoke up, “You can see the person (that came in) was in pain. We have to have stronger enforcement. People are parking in handicapped spots without tags or handicapped plates.”

Petrick then suggested that a resolution be put on the next agenda regarding this applicant (Corona). 

During the public portion, Resident Stanley Sierakowski talked about R-334-7/18 Authorizing a separation agreement and general release between the City of Perth Amboy and Adam E. Cruz. He stated, “According to the document in the book, Cruz resigned. We don’t know if there was a crime. You (the Council) or Mr. King (Law Director) don’t have subpoena power, but you can ask for an investigation from the prosecutor. You’ll be paying (Cruz) three months of pay.” Sierakowski then suggested there were allegations with something having to do with tickets. “You should table this until preliminary investigations are made.” He then asked if cars that are confiscated by the Police Department are being sold to a particular business in town. 

A representative from the Police Department came forward. “This is something new to me about confiscated cars given to one business.”

Council President Petrick said, “The Police Department gets all the confiscated cars.”

Sierakowski then continued, “I heard that this one business buys all these confiscated cars.”

Resident Ken Balut came up next, “I had a 2009 letter from Blunda (Former Law Director) referencing a City Ordinance involving eliminating corruption and pay-to-play. We paid $100,000 for two B.A.’s. I talked about the possibility of irregularity a long time ago. You’re doing the same thing as Vas did. This is taxpayer’s dollars.” He then addressed Greg Fehrenbach, “You should be very worried about this. Goldy (Current CFO/Comptroller) got big raises in a short period of time.” Balut then told the Council they should hire Fehrenbach back since he’s working on the Water Contracts. “Why are we spending more money on Kushner? Instead of giving money to Goldy, give more money to the Police. If this was your money, would you be paying Cruz three months of pay? It’s incompetency.”

Deputy Chief Larry Cattano came forward to answer questions about the confiscated vehicles. “Forfeiture vehicles are given to us and if they’re not returned to the owners, those vehicles go to auction.”

Council President Bill Petrick made a statement regarding R-324-7/18 Authorizing a submission of a grant application for the USDOT FY 2018 Build Transportation Grant Programs for the removal and replacement of the Fayette Street Bridge in the amount of $6,250,000. “We should thank Assemblyman Craig Coughlin and Assemblywoman Yvonne Lopez for their assistance (in this matter).”

Fehrenbach responded to a statement that Balut made in reference to Jill Goldy. Balut had referenced loans that were made when it came to sales of some properties in the City. Fehrenbach stated that Ms. Goldy had nothing to do with the sales of those properties and it was under the direction of a former PARA Director. “The loan was paid off no later than 2014.” Fehrnbach also said, “I have been to many municipal meetings in other towns and I can tell you the allegations made in this City against public employees are mostly unfounded. The allegations made against Ms. Goldy are unfounded.”

Resident David Caba came up to speak, “We don’t want to come up here to make allegations, but this our taxes. People have retired from (dangerous conditions) such as the Police and Public Works. Have they received a $12,000 increase in less than two years? If that was your money, what would you do?” Caba then addressed Fehrenbach, “If you can prove me wrong (that other employees have gotten that great of an increase in a short period of time), please show me the proof. There is an internal investigation that is going to blow up soon.”

Resident Alan Silber came up to speak, “There were no negotiations with Adam Cruz. He could have been suspended without pay. Talk to us if as if we are in fourth grade and not in Kindergarten. A Fire Chief, a Police Chief, and a B.A. were all involved in scandals. Who’s doing Goldy’s job? That is moral turpitude. Cruz violated this. Somebody got a $12,000 raise. Cruz and another person left within days of each other. He should have been suspended without  pay until you got to the bottom of this.” Silber then made a reference to the former B.A. Pelissier. “There was a post-dated memo regarding his new title. An ordinance was contradicted.” He stated there was a resolution on a previous agenda that said Goldy’s $36,000 will be prorated. “You (the Council) owe an explanation to the residents.”

Resident Stephanie Márquez-Villafañe spoke about the City not being friendly when it comes to people who use assisted devices. “I came up here to talk about two handicapped spaces per block. People like to campaign about Senior Citizen needs. I talked to many City Directors, but none I talk to use an assisted device. It’s great you’re looking at redevelopment, but the City is bad because it’s not friendly to people who use assisted devices. People with medical needs (using assisted  devices) are confined to their homes.”

Resident Vince Mackiel had in hand a letter from NJ Transit that was sent to the Perth Amboy Police Department. NJ Transit responded to the inquiry regarding the status of one of the bridges in need of repair. This bridge has been blocked off for many months because of its poor condition, and people must walk on the street. Mackiel also asked, “Why are there no crosswalks at the intersection of Market and Elm Streets? The County is responsible for sidewalks, and they should repair them. You (the Council) should communicate with the Governor. 8,000 students walk the streets to go to school. I was told the County can put in new sidewalks.” Mackiel concluded with a remark about ICE. “They have taken action from the President. Keep ICE out of our schools, jails, and families.”

When it came to Council Comments, Fernando Gonzalez spoke first, “I want the Council to table R-334 because I won’t be there on Wednesday (July 11, 2018) because my son is getting married. I don’t believe the excuses we were given. I trust Fehrenbach to do an investigation. I’m opposed to a person getting paid for doing two jobs at the same time. We fired someone at the Fire Department for doing the same thing.” To table R-334 was moved by Fernando Gonzalez and seconded by Helmin Caba. When it came time to vote, Irizarry was sole “No” vote. Motion passed.

Helmin Caba remarked he wasn’t satisfied with the explanations about Cruz leaving.

Councilman Irizarry wanted to know about the status on the elevated garbage truck the City was supposed to be getting.

DPW Director Frank Hoffman said they expected the delivery date anytime between September and October.

Joel Pabon had a question about the Thomas Mundy Peterson Plaque He said he heard there is an issue that the wall where the plaque is supposed to go is not strong enough to support it.

Hoffman explained, “A top and bottom rail will be placed to support the plaque where it will be hung.”

Council President Bill Petrick said, “I would like to reinstate the personnel ordinance regarding nepotism. Let’s go back to the original way it was written and put it on for the 7/11/18 agenda. Can the Council be brought up to speed about any personnel changes in a formal letter?” He also requested that the budget from the Administration be submitted to the Council by the end of January?”

Fehrenbach responded that once the Mayor’s budget is completed, and the Council does their budget, you have a 28-day time-frame to change any items. “The budget is not complete until we get the State Aid numbers.” Fehrenbach also told the Council in reference to Jill Goldy, “With her, there is a zero-learning time, because she already knows a lot.”

At the Wednesday, July 11, 2018 Council Meeting, the Public Comments on Agenda Items only, Stanley Sierakowski came up and asked, “Who is the boss? Fehrenbach or Goldy when it comes to the B.A. duties?”

Fehrenbach answered, “I’m the Administrator and the Assistant Administrator is Jill Goldy. I will make the final decisions.”

Resident Ken Balut came up to speak about Resolution R-318-7/18 A Contract with the Rodgers Group LLC for the purchase of the 2018 subscription of the Online In-Service Training Module Program in an amount not to exceed $14,848.00.

Balut stated, “This is a big scam. The guy who started this program came a Council Meeting and told you he started this program because he needed the money. How can we be accredited with discrimination lawsuits in the Police Department?” 

He also asked about R-330-7/18 Awarding a contract to USA Inc., Middlesex Water Company Affiliate for the operation and management of the City Water, Wastewater, and Storm water Systems. “What is this for?”

He then questioned R-328-7/18 Appointing Jill A. Goldy CFO of the City of Perth Amboy to serve as Acting B.A. in partnership with Government Management Advisors, LLC. “We are paying money to the former B.A. then additional money for Goldy and Fehrenbach. She is getting more money than the former B.A.”

Petrick responded, “If we can do something about paying the former B.A., we will.”

Balut continued his remarks, “We were told by Goldy we don’t have money to hire your own lawyer (regarding Pelissier). Now there’s money available.” Balut then told the Council to call the Middlesex County Prosecutor’s Office (he gave out the number) to see if there’s an investigation about ticket fixing under towers.”

Fehrenbach also addressed Balut, “There was a modification from the Caucus Meeting. There’s a tighter title for the hours put in for when I can’t be here. She (Goldy) will put on record her time (which the public can view). Regarding R-330, that’s for work that started in October 2017. The timelines were too short. We went to the Co-Operative. City Contracts can’t negotiate.”

David Caba came up next to negotiate R-328. “How are we paying Fehrenbach? Are paying him through his government management company? Who approved the $12,000 increase for a short period time for the person who worked at the courthouse? How did the person at the Court get this job?”

Fehrenbach answered Caba’s questions regarding the person who worked at the Court. “They were a Deputy Municipal Court Clerk and it was a $14,200 increase. It was authorized by Cruz. He authorized her appointment. It (the increase) should have been the minimum of the range. Ms. Goldy gets the information of the appointing authority. Goldy has to get the appropriate documents to do a salary increase.” Fehrenbach then talked about the increase Goldy would get as Assistant B.A. “Ms. Goldy has recommended salary elimination and will get a titled salary and it will not affect her pension.” He continued, “The minimum salary for a Court System entry-level is $45,000 minimum. That matter is still under investigation.”

Resident Jeremy Baratta came up to speak, “Is the former B.A. getting paid?”

Council President Bill Petrick responded, “We tabled that Resolution.”

Law Director King responded, “Under the Ordinance, the former B.A. gets paid a three-month salary.”

Fehrenbach then spoke up and gave the salary of the Court Employee in question. In January 2017, the salary was $40,800. By the end of March 2018, it was $55,000.”

Alan Silber came up to speak, “We keep hearing the same answers to the same questions. His (Cruz) payment was done with your consent. From January 2017 until he resigned, he got paid. Who was responsible for this?”

Council President Petrick responded, “It was the Administration.”

Silber continued, “Someone put a letter in my mailbox stating that the Council got a letter stating that Cruz resigned.”

Petrick spoke up and said, “It was done by a phone call.”

Silber continued, “The letter also said that the Mayor refused Cruz’s resignation. Did Barrick (Another Former B.A.) get three-months’ salary when she resigned? We have a partnership with Fehrenbach. Why can’t Fehrenbach be here full time?”

Fehrenbach responded, “This is a Municipal responsibility. Goldy is an employee. I am not. Government Management Advisors has a contract with the City. Goldy and I want to help the City. I hold the same values as you do, Mr. Silber. I respect the criticism of the speakers. Goldy requested a change in the resolution to make it clearer. The governing body can adopt this Ordinance. In 2008, I suggested a 90-day contract. In Perth Amboy, it’s a failure to reappoint. I’m sorry about recommending this. I had other responsibilities before the Mayor called me (answering Silber’s question why he couldn’t come back full time).”

Councilman Helmin Caba made a few comments, “According to you, the former B.A .is entitled to three months.”

Fehrenbach responded, “Yes, he is, although I’m not happy about it.”

Law Director King said, “The way Cruz left does not give him the option of coming back (to the City) or suing. It was a settlement.”

Council President Bill Petrick commented when Blunda (former Law Director) left, he handed in a letter of resignation. Because we didn’t act, he (Cruz) will get paid. You (Law Director King) said in your files, you have a signed letter of resignation by Cruz which is in escrow. Would you hold up his 90 days of salary? If he goes for another position, he can show his letter of resignation.”

Councilman Fernando Irizarry spoke next, “The way I read the Ordinance, it doesn’t say he (Cruz) gets paid. Why was he not reappointed in January 2017? A year and three months later, we find he wasn’t reappointed. I don’t find anything where he is entitled to three months pay.”

Petrick then asked, “Can the Council take action to delay pay?”

King responded, “You might violate the Ordinance. You don’t have to approve the Bill List involving payment of Cruz.”

Petrick made a comment, “There’s a possibility of a lawsuit or not?”

Sharon Hubberman talked about R-313-7/18 urging legislatures to expedite passage of bills to end Blacklisting.” (There was a presentation at the July 9, 2018 Caucus by the Citizen’s Campaign regarding this bill on what Blacklisting is involving Tenant vs. Landlord Rights.)

Hubberman stated, “There’s a section that she wants to highlight in the Senate Bill regarding a tenant suing a landlord. “This can be kept secret unless the tenant agrees to make it public. The bill has a loophole. The bill is questionable, and we should reach out to the sponsors of that bill.” 

The Consent Agenda was R-308 thru R-317; R-320 thru R-329; R-331 thru R-333. It was moved by Irizarry and seconded by Pabon. 

For R-318 all voted “Yes” except Petrick who voted “No.” For R-319, they all voted “Yes,” except Irizarry who abstained. For R-330, All voted “Yes.”

At the last public portion, a Residents from Amboy Avenue came up to talk about a large-scale food market due to open up that she is against. It is located at 459 Amboy Avenue. “It only has a two-space parking lot. The building has been abandoned and the owners did not get the proper paperwork to start construction.”

Council President Bill Petrick addressed the Resident’s concerns, “You have to see if it’s a C1 Zone. The building was not abandoned because taxes were paid on it.” He also suggested that she may have to contact a lawyer or other City Agencies with her concerns.

A woman who lives on Barclay Street came up to speak about the lack of parking in town, “I am a High School Teacher and my husband also teaches. I have driven around for fifteen minutes looking for a parking space on my street. There’s illegal housing. Look at what’s happening to people already here. We have a disenfranchised community.” 

She then motioned to her son if he wanted to come up and say something about the situation. He said, “Sometimes we have to walk 3 blocks to our house  because that’s the only place my mother can find to park.”

Resident Ken Balut came up to speak and spoke about illegal housing. He then talked about Code Enforcement taking pictures of his house, but he insisted the photo they gave him was not of his house. “The Court System needs to be investigated. The Mayor hires political operatives for the Parking Utility. Judges misused handicap spaces. A judge was dismissed for posting something on YouTube. How do tickets get fixed? And when is nepotism going to stop?”

Jeremy Bartta came up to speak, “Balut talked about Judges and a Prosecutor. Who is the Prosecutor? The vote did not carry for (Billy) Delgado (when was on a previous agenda to be appointed as a Prosecutor). This is connected to the Court. His salary was also turned down.”

Petrick responded, “The Assistant Prosecutor Position was passed.”

Baratta continued, “The person you voted “No” on is working in the Court.”

Law Director King stated, “The Mayor appointed Delgado and she didn’t need the Council’s consent. The Ordinance was changed after the Mayor’s appointment and Delgado was a holdover.”

Baratta continued, “This holdover was held over for Cruz. This doesn’t pass the smell test.”

Sharon Hubberman came up to speak, “Parking is a severe issue, even with parking permits. We have cars parking on Cornell Street that have out-of-state plates with parking permits. The Parking Authority has looked at the parking situation. Other sections of town should be looked at.” She then made statements about the appointment of employees, “If there wasn’t a reappointment, then that person would be entitled to three months pay. The Council can take action because of the Mayor’s failure. Moving forward, take this as a life lesson. Why dig the hole when the hole is already there?”

Law Director King responded, “The only way that this will not be paid, is if it was for cause.”

David Caba came up, “I respect that Fehrenbach corrected the amount of what the Court Employee got which was more than we thought. We were going to pay for her training because she didn’t have experience. I remember when the Mayor said it was a waste of $15,000 for the Council to hire Tarver (their own attorney to investigate Pelissier’s salary, etc.). Was the Deputy Clerk related to someone in the Mayor’s Office? Just keep sticking to the investigation.”

Fehrenbach responded to Caba’s earlier question regarding if anybody from the Police or Fire Departments had a big jump in salary. “In 2014, if the Police and Firefighter’s salary was $50,000, by the end of 5 years, there would be an increase to $60,000. Now (2018), that would take 9 years to reach that range.”

Alan Silber came up to speak. He said, “If a man doesn’t get reappointed or appointed, but still gets paid, I will be bringing this up all the time. Who wrote this Ordinance? 18 months later, someone found out he wasn’t qualified for the job? A letter was backdated for Pelissier. The Rodgers Group was an easy choice. Getting accredited means nothing and is a waste of money. They don’t respect your vote. Why would it take a long time to change a nepotism policy?”

A Resident from Barclay Street came forward and voiced complaints about the noise level on the streets, particularly on the weekends Friday thru Saturday. “The people are playing loud music all weekend.”

Council Comments: Helmin Caba was first. He encouraged the Residents to come forward and they can contact the Council or Administrators. 

Irizarry asked for an update on the Sayre Avenue lot where the out-of-town buses are parking.

King responded, “That bus company is going before the Zoning Board.”

Irizarry continued, “We need to change the Non-Reappointment Ordinance.”

King responded, “Tell me what you want. You can replace the word “shall” with “may.”

Irizarry then questioned, “What other Department Heads have not been reappointed?”

Joel Pabon thanked Fehrenbach for coming back. “There are a lot of family members that came in when the nepotism policy was changed. We have to pay this guy (Cruz) due to a technicality.”

Fehrenbach replied, “A lot has changed since I was here.”

Council President Petrick spoke next, “This is an open Meeting to the public to participate and voice your opinion. We also need to get speed bumps (down on some of our streets).”

Fehrenbach said, “The Police have to do a study.”

Councilman Helmin Caba spoke up, “We need speed bumps by the High School.”

Petrick concluded the Meeting by stated, “Maybe a study needs to be done to see what would be the best form of government for the City.”