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Late Starter to Block Future Payments, Heated Discussions & Corrections

8/8/18 Council Meeting

PERTH AMBOY – Before the public came up to speak regarding agenda items, Councilman Fernando Gonzalez asked Law Director Peter King if a late starter resolution can be put on the agenda. King replied that it could be done now.

Gonzalez made a motion to add a resolution that the former B.A. (Adam Cruz) not be paid because he resigned. Councilman Helmin Caba seconded that the late starter be added to the agenda.

Resident Stanley Sierakowski was the first one to speak. He had a question about R-357-8/18 – A five-year contract with Future Key LLC for the placement of vending machines (in various City offices) for commission of 16%. He wanted to know if this was an existing contract.

Council President Bill Petrick answered, “Yes.” Law Director Peter King added, “This contract was done through a bid process.”

Sierakowski then questioned R-358 – 8/18 – A settlement agreement in the matter of a Stephen Petrosino vs. the City of Perth Amboy Police Department in the amount not to exceed $125,000. Sierakowski asked for more details.

King explained it involved an ex-police officer.

Sierakowski then wanted details on R-359-8/18 – A settlement agreement regarding of the matter of Sonia Vargas vs. Omar Rivera in an amount not to exceed $105,000.

King responded that it was a settlement of an accident involving a police car. 

Resident Ken Balut came up to speak. He had concerns about the City having the same accountant for years to do their auditing. “The Best Practices Guideline states we should change the auditor every three years.” He also questioned R-358 stating that three years ago the Police Department was accredited. “It was supposed to save the Department money. We still have discrimination lawsuits for $125,000 and $130,000. Did Mr. Rodgers of the Rodgers Group, whose program we bought save us money? Did he (Rodgers) testify for us in these lawsuits? You allowed Arlene (Quinones Perez – Former Law Director) to say she’s with the Mayor. Maybe the Mayor can explain the discrimination suits. An Auxiliary Officer was suspended for wearing his uniform at the State of the City. There was no overtime pay for the Honor Guards who were present at the State of the City.”

Council President Bill Petrick responded and said, “They work shifts.”

Acting Police Chief Roman McKeon came forward to clear up Balut’s last statement, “There was an Auxiliary Officer suspended, but it wasn’t for wearing his uniform at the State of the City. It was for another matter.” He stated that Officers often are compensated with time off when they work special events.

When it came time to vote on the Agenda Resolutions, R-337 thru R-340 and R-342 thru R-371 was moved by Councilman Fernando Irizarry and seconded by Councilman Joel Pabon. 

R-341 – Amending the CY 2018 Cash Management Plan of the City of Perth Amboy. Irizarry asked that Wells-Fargo Bank be removed from the list of banks that the City can have accounts with. Irizarry stated his concern due to the questionable practices Wells-Fargo Banks have been involved with nationwide.

Fehrenbach explained that all the banks in the City are listed, “But, we haven’t had any dealings with Wells-Fargo for years.” He indicated this was due to the fact that Wells-Fargo didn’t have the best offers for the City’s banking needs.

For R-372, the late-starter involving the non-payment of any future B.A. Adam Cruz because of his resigning. Everyone voted “Yes” except for Councilman Irizarry, who voted “No.”

During the last public portion, Resident Stanley Sierakowski asked Greg Fehrenbach to investigate the Kushner properties. Sierakowski also had questions about the Armory Restaurant repairs that the City paid for. “The City is losing money on this interest free loan.” Sierakowski then mentioned the property on High Street which was 6 acres. “There were no taxes paid for 25 years. This would be about $800,000. The Tax Assessor said they knew nothing about this. When they looked at the record books, they agreed that the taxes were not paid for 25 years, but they didn’t know who the owner was.”

Greg Fehrenbach asked Sierakowski if he knew the lot and block number.

Council President Bill Petrick responded, “It was the Duane-Marine property.”

Resident Ken Balut spoke up. He mentioned that a clerk in the court system got a $15,000 raise that was authorized by the former B.A. (Adam Cruz). “This is taxpayers money paying for this. You know what happened.” Balut continued, “Walensky (new Manager of the Parking Utility) was a political consultant (before becoming a City Employee). He only took an 8-hour course for the Parking Utility job. Max Pizzaro, who worked for a political magazine now works for Fairview Insurance (that has a contract with the City).” Balut then addressed Irizarry, “And you are a Pastor.”

Irizarry responded, “Don’t go there. I am here as a Councilman.”

Balut then addressed Councilmen Irizarry and Caba, stating: “You know what’s going on.”

Fehrenbach then spoke up and said, “Fairview Insurance was the low quote. The action was justified.”

Council President Bill Petrick then commented, “Another company came in after Fairview and said they could save us a million dollars.”

Resident and Businesswoman Sharon Hubberman came up next. She questioned why she was turned down for a table to distribute material for the Republican Party on Family Day. “We were rejected for being a political party. I feel we were discriminated against because there will be politicians at these events.” She also voiced concerns about Elizabethtown Gas opening up some of the streets. She had reached out to some of the Councilmen about this. “Elizabethtown Gas is replacing gas meters at our homes. They said they’re going to do these replacements and turn off the gas whether we are home or not. Their permits do not give them permission to install meters.” She said she contacted Senator Joe Vitale’s office, and then read a statement that his office had sent her. This statement was regarding replacing the present meters with smart-meters. 

Council President Bill Petrick responded to Hubberman’s concerns stating, “We’ve had radio readings for years. I don’t know what the difference will be when the smart-meters will be installed.”

Resident Alan Silber came up. He read an article that showed mayors from different towns  attending a power meeting. Bryan Walensky (Parking Utility Manager) was also at that meeting and he went with the Mayor. We need to get the Ordinance changed so it reads the same as the State Ordinance. (When it comes to how administrative appointments are paid when those individuals leave their positions.) 

Petrick then questioned Law Director King, “Can we (the Council) change the Ordinance?” 

King replied that the word “May” will replace the word “Shall” in the Ordinance. 

Silber then continued and asked, “Do you think they (some of the employees that left) were going to sue the City for nonpayment?”

Resident David Caba came up next, “Was Adam Cruz (former B.A.) reappointed or not? Or did he resign? Did the Council know about all the projects (that Cruz was involved in) going on? It’s been 9 years and Rector Street still hadn’t been done. The Mayor picks people to run (Council and Board of Education) who never come to meetings. We do have some good people making bad decisions.”

Fehrenbach explained, “When I left the City, I had a punch list of what needed to be fixed at the Landings.”

Mr. Kaleta who lives at 614 Convery Blvd. came up to speak next. He asked if three walls with no roof would be considered a garage. 

Council President Bill Petrick answered, “No.”

Kaleta then went on to talk about a property at 610 Convery Blvd. “An employee from Code Enforcement goes to this address to take aerial photos of my house. 610 Convery Blvd. has violations that are being ignored by Code Enforcement. I found crumpled pieces of paper on my front lawn that had violations for 610 Convery Blvd.” Kaleta then handed out pictures for the Council to see.”

Fehrenbach then requested to speak to Kaleta privately for more information. 

During the Council Comments, Helmin Caba (who is also the Perth Amboy Democratic Committee Chair) asked why Hubberman’s (who is Perth Amboy Republican Committee Chair) application was rejected to set up a table to distribute literature on Family Day.

Law Director King responded, “All political groups would be prohibited from City events.

Councilman Fernando Gonzalez said he had requested from Mr. King to break the 10-year contract (regarding the Kushner Properties). 

King responded, “Redevelopment could be interrupted. We have lost 10 years of monies. I’ve contacted Blunda (former Law Director) and he said he had no records (regarding Kushner).”

Council Petrick spoke up, “When Blunda left, the DeCotiis Law Firm (who came in after him) took all of the Kushner records over.”

Councilman Fernando Irizarry spoke next, “Two weeks ago, the City had a Flag Raising at International Park and I wasn’t invited.”

Petrick spoke up, “None of us were invited.”

Irizarry then questioned, “Who paid for the flag?”

Fehrenbach said, “I will find out.”

Councilman Joel Pabon said that he was at the Flag Raising, but he was invited by a neighbor who was participating in the Flag Raising. 

Pabon then mentioned the Police Department Accreditation. “The training protects the Police Department. Leadership has to follow up and they have to be held accountable. The Rodgers Group (whose program we are following) is not involved in follow-up. I would still vote for the training.”

Council President Bill Petrick said, “The Ordinance involving administrative employees (leaving City employment) does not speak about resignations. Is there anything in the Ordinance that states we have to pay him (former B.A. Cruz) after he resigned?”

Law Director King answered, “No.”

Pabon continued and still emphasized, “It’s the Rodgers Group (that’s at fault). It’s the leadership not following up.”

There was also a discussion regarding getting a replacement for the court clerk who recently resigned. Fehrenbach stated, “The Assignment Judge  Alberto Rivas asked that the candidate for this position lives in South Plainfield and needs a Residential Waiver. There wasn’t a candidate qualified from Perth Amboy.”

Council President Bill Petrick suggested that this be discussed in closed session.

Councilman Fernando Irizarry asked, “Can this position be imposed upon us?”

Fehrenbach responded, “The Assignment Judge in another City made an appointment without the Mayor or Council’s consent. “You only have to approve the waiver.”

Councilman Helmin Caba spoke again, “It was disrespectful for us (the Council) not to be invited to a City event.”

Council President Bill Petrick wanted to clear up a response that he made to Resident Sharon Hubberman during the public portion. He stated, “We are surrounded by electrodes and radio waves. No matter what, we’re always being monitored in one way or another (electronically or wireless).I just want to apologize to Ms. Hubberman if I sounded sarcastic.”

In closing, Petrick said, “Comcast is not investing anymore money into improving the TV sound.”

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