11/26/18 Caucus

By: Katherine Massopust

PERTH AMBOY – CFO Jill Goldy stated that Best Practices checklist has been submitted by Perth Amboy. “There were 86 questions this year which were essentially for survey purposes. Perth Amboy more than met the required number of questions answered yes to qualify to pass.” 

Interim Business Administrator Greg Fehrenbach made some remarks about Ordinance No. 2: An Ordinance to amend an ordinance entitled “Fire Prevention” (Ordinance No. 391-85 as amended) adopted November 6, 1985, also known as chapter 227 et seq of the Code of the City of Perth Amboy.

Fehrenbach stated this came out of as a result of an audit of the Division of Fire Safety. They came back with 11 actions they felt the City is needs to take. One of those actions is to collect fees from non-lifehazard use registrations. “The ordinance must provide for a way for collection of these fees. The other 10 actions were required from the Division of Fire Safety.  They are from common sense of Local Government Offices. There are statutory definitions of a Life Hazard inspection. A Life Hazard situation provides for an assembly of people. A non-life hazard situation is when people can be invited into a space such as a restaurant or multifamily dwelling. We have been doing the life hazard inspections but only a sampling of non-life-hazard inspections. Some places such as instances that the City lose property because of inspections not been conducted enough by the State. Three to four family units, larger multiple family units or common areas have to be inspected. Those common areas come under a non-life hazard use. We had created a plan to be able to deal with those things in 2011. This has been up and running. These are inspections the City is supposed to govern. It is supposed to be a self-sustaining operation. This is yet to be seen. It’s a matter of safety in those buildings for the occupants. That is something they should be doing.”

Ordinance No. 3: Ordinance adopting a relocation assistance plan to be provided to displaced Perth Amboy Citizens.

B.A. Greg Fehrenbach stated that this ordinance will establish a Relocation Trust Fund.

Social Services and Housing Director Tashi Vasquez came up to speak about this Ordinance. “Before you had a relocation assistance fund. The City of Perth Amboy has continuous issues with people who are displaced. There is unsafe housing and substandard living. If a family is displaced, it’s up to the owner of the property to relocate them. Many times we can’t get a hold of the owner or they are far away. If an owner doesn’t do it, the City must do it. We put them up in a hotel for a few days. We sometimes have to go to court and often they (the owners) don’t show up. We place a fine on the owner if he is intentionally doing it.”

Vasquez then went on to explain, “If they (the residents) are living in a unit, they are considered a resident (of that building).”

Council President Petrick asked, “What about living in a basement?”

Vasquez answered, “Yes, they are considered a resident. This ordinance is to deter that. It is the owner’s responsibility and we have to go to court to get the money back.”

Councilman Fernando Irizarry stated, “If we have violations of illegal housing and we have to go to court, they (the landlords) just get a slap on the wrist.”

Vasquez answered, “That’s why we have to work together, so we are on the same page, and add to that violation. This will deter that because it’s a mandatory fine.”

Irizarry stated, “The City Ordinance has to be enforced.”

Vasquez stated, “This is a new ordinance. Violations are issued, and the prosecutors sometimes agree to a payment plan to get the money back, or the owner doesn’t come to court. We take it out of the taxpayers burden, and put it in the account. I don’t know what happened before me.”

Councilman Helmin Caba asked, “How many landlords have not paid?”

Vasquez answered, “Since I’ve been here, around 20 landlords didn’t pay.”

Councilman Fernando Gonzalez asked, “What fines have been issued? Can we get a report?”

Vasquez answered, “I can get a report of relocation – not the court or fines. That’s the court.”

It was noted by Law Director Peter King that the money goes into the general fund.

Vasquez then explained she has a $9000 budget for the year of which gets replenished when fines are accrued. She stated that 10 families have been relocated. 

Councilman Joel Pabon then stated, “When these landlords go before a judge, we notify them. If it’s their second and third offense – we need to be stronger with that. The Code Officials – they (the landlords) laugh at them. A $500 fine is a joke to them. This is a losing battle. We’re never going to win. Those people are not caring. They make $500 or more from one family (housed illegally).

Vasquez then added, “For the second offense, the fine jumps to a couple of thousand.”

B.A. Fehrenbach stated, “This really becomes a matter of municipal court. Does this go as three strikes and you’re out or something should be reworded? Is the law strict enough?”

Law Director Peter King answered, “The City wants the money back. Most judges – if this is the first time, if not, the judge should go to the maximum. Sometimes judges don’t do it for municipal court.”

Fehrenbach stated, “For court, the City shall require – those words should be modified so judges do any less than a slap on the wrist. Section F gives a judge a range.”

Law Director King stated, “The process yes, that can be done. It’s a question of getting inspections, court, and the City all on the same page.”

Pabon then added, “If they have a summons, the judge knows if it’s a second or third offense. I don’t see that (maximum fine) happening.”

Irizarry then said, “What sense does this make if it’s not enforced?”

Pabon then added, “The issue is not the ordinance. Enforcement of the violation two to three times besides paying residents to be housed someplace else.”

Fernando Gonzalez then said, “We’ve been through this conversation many times. This is a municipal fund for you (Vasquez) to accumulate money to help displaced families. That $9000 could go very fast. She is trying to create a resource in an escrow account. The other discussion is important. I’d like to move along and create this.”

Irizarry said, “The issue is related to this. If a landlord is a repeat offender, will this affect this trust fund?”

Gonzalez then stated, “The administration has to address this issue.”

Council President Bill Petrick then asked, “Who will be responsible for these funds?”

CFO Jill Goldy then answered, “It is set up as a trust fund. A person from the Department of Housing will be responsible for the funds. It is not necessarily up to me, but someone has to be responsible for spending money for specific purposes. Regardless or not, we’ll have a trust fund. Whatever is in the budget in the future, it will be offset. We can’t establish a trust without state approval. 

Law Director Peter King stated, “When the court gets money, a report is generated.”

Ordinance No. 4: An ordinance to amend an ordinance entitled “An Ordinance Designating Restricted Parking Spaces for use by Handicapped Persons” (Ordinance No. 380-85 and Amendments) adopted July 2, 1985 also known as chapter 255A et seq of the Code of the City of Perth Amboy. Re: Changes in review of application & deleting Handicapped Parking Committee.

Councilman Fernando Irizarry said, “I’m surprised to see this on the agenda. Here you have a person on the Handicapped Parking Committee. Why did I know nothing about this?”

Law Director King apologized and stated that he placed this on the agenda and that this came out of a discussion with the police.

Council President Petrick said, “The report from the Police Department is that there is a great backlog of the number of applications for handicapped spaces.”

Irizarry then said, “Deleting the Handicapped Parking Committee? If the Police Department issued that letter – I’ve never seen it.”

City Clerk Victoria Kupsch then stated, “There was a tremendous backlog of over 700 files to go through.”

Councilman Pabon then said, “We need to do what we need to do.”

Irizarry explained that the application process was changed. An applicant provides limited amount of information. This includes letters from doctors, and certain requirements which have to be met. It was noted that sometimes the information provided by an applicant or doctor was not enough. The committee then must then inform the applicant to submit more information. The process was to determine if the applicant was truly handicapped. This is also to alleviate the situation we have. “The abuse in this town is tremendous. I’d like to table this. It will give us an idea what we should do further to eliminate abuse.”

Councilman Fernando Gonzalez offered to sit with Councilman Fernando Irizarry to work out how to make the process better. They agreed to table the Ordinance.

There was a discussion on Ordinance No. 5: An Ordinance to amend an ordinance entitled: “Administration of Government” (Ordinance No. 1-72 and Amendments) adopted July 28, 1972 also known as Chapter 4 et seq of the code of the City of Perth Amboy. Re: Background Checks.

Councilman Fernando Gonzalez asked, “How much do background checks cost the City?”

B.A. Fehrenbach answered, “Nothing.”

Petrick explained, “It has to be free. You can’t ask someone to serve on a board then ask them to pay for a background check.”

Law Director Peter King then added, “Standards will be up to the Administrative Court. We can eliminate anyone with a criminal record. For example, we can say an indictable offense. It (the standards) must be legal.”

Ordinance No. 6: An Ordinance to amend an ordinance entitled “Zoning and Land Development (1993 Land Development Ordinance of the City of Perth Amboy, New Jersey)” Also known as Chapter 430 et seq of the Code of the City of Perth Amboy to ban marijuana in all its forms.

B.A. Greg Fehrenbach stated that the Mayor is very adamant about this ordinance. He also stated that this Ordinance should be tabled because as of the present time, no official legal legislation has been passed by the State of New Jersey. 

Councilman Irizarry stated that he was for medical marijuana, but not recreational marijuana.

The Council agreed to table the Ordinance until State legislation has been passed.

There was a discussion regarding R-470-11/18 Authorizing the submission of a grant application to the New Jersey Department of Transportation for NJDOT Local Aid Infrastructure Fund for 2019 for replacement of the Fayette Street Bridge project (B.A.)

Gonzalez stated, “The Council should make sure we don’t get another increase in our taxes because people are not following up. That bridge is over the train. At any moment the whole town can  be affected.”
   Irizarry asked, “When will they start?”

B.A. Fehrenbach stated, “It will take around 24 months. RFP’s are in the process to choose an engineer. We’ll have one in a week or two. We will receive documents from the DOP for earmarks. We will need $5-$6 million. It’s a likelihood those two will generate some of the money needed.”

Petrick then added, “We will reach out to Assemblywoman Lopez’s Office.”

During the Public Portion, the first person to speak was Robert Mesi. He stated he liked the mural in the City Council Chambers and that it reminded him of his relatives who served in World War II.

Resident Ken Balut came up next. He complained about Code Enforcement. “In 2011, they didn’t do anything. The Rutgers study talked about all the illegal housing. Everything is fine until someone dies. The City is responsible. On Friday it was Code Blue – we don’ take care of the homeless anymore. What are our employees doing? What’s going on is that people are not doing their jobs. Nobody’s watching. You have 5-6 lawsuits that cost over $1 million. Sandra Rivera is getting an award for helping the homeless. The first female Sergeant promoted was skipped. They didn’t put it with the program until I called them.”

Resident David Caba came up to speak next. “I talk to a lot of people. Mr. Petrick – they owe you apology. You can go to church. There is an interesting quote in the bible. ” For there is nothing hidden that will not be disclosed, and nothing concealed that will not be known or brought out into the open.”(Luke 8:17). They used it not only on you, Mr. Petrick, but on this City. It backfired – those who put it on Facebook. Mr. (Helmin) Caba took time to admit the truth and challenge the Mayor to take a lie detector test. This election was a referendum against the Mayor. That resident said that the Mayor should resign. Why are you here, Mr. Fehrenbach? She (Mayor Diaz) has no integrity. For what she did to this City – to put our City through this – it’s shameful.”

Resident Alan Silber came up the podium. He asked why Mayor Diaz took off two weeks from work while working on an election. He also questioned why Interim Greg Fehrenbach is still with the City. “It’s been 5 months that Greg Fehrenbach came back and it’s the third time he has come back as B.A. “Because of the shape the City was in, you had stay this long. You should say you want a report back where we stand. It’s been 5 months. We’ve got a Mayor and she can’t run the City.”

Silber then went on to criticize the Mayor’s sentiments about the legalization of marijuana, “We have a communication on a drug free community. What does a drug free city mean? No Walgreens? No Rite-Aid? No Cigarettes? No Liquor Sales? She doesn’t get to impose on this City her moral values. Those are her own personal beliefs! There are 480,000 nicotine deaths a year. No problem. Secondhand smoke – 41,000 deaths from people who don’t smoke. $300 billion medical cost. Excessive use of Alcohol: 88,000 lives lost. It’s insane. Lives lost by Alcohol abuse – the life expectancy goes down by 30 years. We’ll all close our eyes to that one.”