PERTH AMBOY – Maura Nieves, Sgt. Perth Amboy Auxiliary Police holds a Mayoral Citation presented to her from Mayor Wilda Diaz congratulating her on her retirement for 10+ years service. Also pictured are members of the Perth Amboy Police Department (Regular and Auxiliary) Council President Bill Petrick, and Members of Nieves’s family. *Photo by Paul W. Wang
1/9/19 Council Meeting
PERTH AMBOY – There were extensive conversations regarding several communications that Council President Bill Petrick had placed on the agenda. The 4 that were discussed the most were:
1.) Restoring the Mayoral position to part time as it was in the 1980’s.
2.) Appointing the Council President as Acting Mayor in absence if the Mayor will be gone for a period more than two days.
3.) Dissolving the Redevelopment Agency
4.) Asking for a runoff in a Mayoral election if a candidate does not receive 51% of the vote.
During the first public portion, Resident Stanley Sierakowski spoke about R-8-1/19 – Awarding a contract to Signal Control Products for traffic signals parts and supplies in an amount not to exceed $135,080.50 of which the amount of $30,000 is being encumbered.
Sierakowski said, “I approve.”
Sierakowski also thought that R-17-1/19 – (A 3-year professional services contract for Bruce Kaplan as the City’s health insurance benefit consultant beginning January 1, 2019 and ending December 31, 2021 in the amount of $198,900) was a very smart move.
Communication No. 28 which pertained to dissolving the Redevelopment Agency.
“The Redevelopment Agency has become too self-serving now. The Executive Director (Annie Hindenlang) said schools are not considered during the planning. If she had children in the school system, she would have considered schools,” Sierakowski said.
Council President Bill Petrick responded, “The schools and the City should not be separated.”
Resident Sharon Hubberman came up to speak and referenced Communication No. 28, “Who is the Chair of the Redevelopment Agency?”
Council President Petrick answered, “The Mayor.”
Hubberman stated, “The Mayor should not be the Chair. It is a conflict of interest. There are other towns that have the Faulkner form of government that don’t have the Mayor as the Chair but have a Council Member instead.” She then went on to make comments about Communication No. 31 (Making the Mayor position part-time). “I’m in support of this. We have the largest paid Mayor’s salary and a full-time Administrator, but we do not have a full-time Mayor. The Mayor of Old Bridge gets a $15,000 salary and is full-time. $25,000 should be the cap. Don’t put us on the hook for the benefits and pensions.”
Resident David Caba came up to speak. He had a question regarding R-30 – A Settlement Agreement release in the matter of Ruben Gerea vs. the City of Perth Amboy in an amount not to exceed $500,000. “This is a personal injury and they are getting $500,000. This is why we come up here. Someone lied to us.”
Law Director Peter King responded to Caba and stated, “I never said this person worked for the City and I was called a liar.” King indicated that he could charge Caba with defamation of character.
Caba responded, “He (King) can take me to court. We have to put the Mayor on the spot but let us decide. We need to have a 51% victory for the mayoral vote. When people get in office, they forget they work for the people. I believe in term limits – two terms and you’re out!”
PERTH AMBOY – Recently retired Councilman Fernando Gonzalez was recognized for his service on the City Council (L to R) Councilman Joel Pabon, Councilwoman Milady Tejeda, Council President Bill Petrick, Fernando Gonzalez, Councilman Helmin Caba, Councilman Fernando Irizarry *Photo by Paul W. Wang
Resident Ken Balut came up next. He had a question about R-29 -1/19 – An amount not to exceed $4,000 settlement in the matter of Nelvi Caba vs. the City of Perth Amboy. Balut wanted to know, “Is this the same guy who had tickets dismissed?”
Petrick responded, “I don’t know.”
Balut then questioned R-30 (The $500,000 settlement), “Did it save us money by being accredited (the Police Department)? Was the settlement initially more than $500,000? This accreditation is a scam and I have the paperwork to show this.”
Balut then had a comment regarding Communication No. 22. Mayor Wilda Diaz appointing Irving Lozada as Acting Director of Code Enforcement effective 11/27/18. “Civil Service said he (Lozada) wasn’t qualified to be a Mayor’s Aide. If this doesn’t stop, we’re going backwards. It’s the bosses that are the problem.”
Former Councilman Fernando Gonzalez came up to speak regarding R-18 – An environmental study for underground storage tanks at 400 Stanford St. He questioned who owns that property.
B.A. Fehrenbach responded, “It’s part of the public safety complex, and the tanks were supposed to be removed 5-6 years ago. The DEP was involved.”
Gonzalez then stated, “I have documents saying that the City doesn’t own this property. If you research the address, it comes up with somebody else.”
Fehrenbach then requested that the Council remove the item from the agenda until it could be further investigated.
Resident Alan Silber came up next. He also questioned R-30 ($500,000 Settlement). “If it’s a personal injury, it’s deceiving. If it’s an assault, it’s different.”
Law Director Peter King said he could read the complaint.
Alan Sliber then spoke regarding having the Mayor’s position as part-time. “I personally think we need a full-time Mayor, but they need oversight. Just like the President, they need to have a daily calendar. We just need accountability.”
Law Director King then went on to read some of the complaints in reference to R-30. Some of the items included a false arrest, malicious prosecution, retaliation, search and seizure, and failure to discipline.
Silber then questioned another settlement of $850,000. “What kind of training was done after this first settlement? You’re talking about $1,350,000 combined for two settlements. We have a right to know more details. What’s going to assure us that it never happens again?”
King responded, “This happened in 2013 and there was retraining. If it’s a more serious offense, the Prosecutor’s Office will come down to investigate.”
Councilman Fernando Irizarry questioned King, “Can a Citizen or Council ask for a request to terminate (an Officer)?”
King responded, “If it’s very serious, the Prosecutor can get involved. With the insurance that the City has, the Risk Manager can give a reduced rate.”
B.A. Fehrenbach gave additional information, “A Risk Manager under the general insurance fund can give incentives to towns that are accredited – usually from 5%-10%, but they can’t reduce the settlement. In explaining the $500,000 settlement, Fehrenbach explained, “There was an arrest and a court hearing. The person was found not guilty and they filed charges.”
Fehrenbach then went into discussion regarding a complaint on Bruck Avenue that Resident Ken Balut had talked about at the 1/7/19 Caucus Meeting. “We’re still doing research. An inspection was done at the property in 2017 based on a complaint. In 2016, the property had been sold and the new owners did an addition that was not permitted. The violation was abated. There was another complaint about illegal housing at the same address, but no violations were found. It’s a single-family house, but the driveway is still in question.”
Fehrenbach then addressed Sharon Hubberman’s assertion about the Mayor’s salary, “The 43 highest paid Mayors in the state received between $120,000 to $300,000 a year, but most of them are receiving payment from multiple sources. This is the only job our Mayor has, and every time I’m here, I see her. Maybe you (the Council) should have a discussion with the Mayor. I have been here in the building since 7:00 a.m. and have not stepped out of the building (all day).”
The Council then voted on the Resolutions. R-2-1/19 thru R-17-1/19 and R-19-1/19 thru R-28-1/19 and R-30-1/19 was moved by Councilman Irizarry and seconded by Councilman Helmin Caba. R-18-1/19 was tabled. This was moved by Irizarry and seconded by Caba. R-29-1/19 was moved by Irizarry and seconded by Councilman Joel Pabon. Councilman Helmin Caba abstained.
During the second Public Portion, Resident Stanley Sierakowski came up to speak about the land that the new park (on High and Washington Streets) is being built on. He referenced an article and asked if some land was donated to the County. “For 25 years, no taxes were paid. Anchor Marine owned the property and the City foreclosed on it and bought it for $10. Was an appraisal made? According to Fehrenbach, the land was worthless. How much was the lien? Barry Rosengarten is a very smart man. A real estate crime might have been committed.”
Fehrenbach addressed some of Sierakowski’s comments. “With the Rosengarten lien, it expired and there was no value in the property. The property (Washington and High Streets) was foreclosed and the City took possession. The property was turned over to the County in 2014 and they acquired the adjacent property (some was owned by Rosengarten and another party). I don’t know where the crime would be committed. It went through the courts and the County.”
Resident Sharon Hubberman came up to speak. She asked about the status of an ordinance pertaining to organizations so they cannot be excluded from participating in City events. She then stated, “Home ownership is declining in the City. Single family homes are now being converted illegally to multifamily homes. 30% of the homes are owner occupied and 70% are rented. We need a Tenant’s Board. It’s doing a disservice not to have one.” Her last complaint was about Washington Street, Amboy Avenue, and New Brunswick Avenue which are very dark at night.
Fehrenbach addressed comments regarding conversion of single-family homes and stated the applicants would have to go before the Planning Board.
Resident Ken Balut, who lives on Bruck Avenue came up to speak regarding a residence on Bruck Avenue with complaints filed against them, “I never mentioned a specific address on Bruck Avenue regarding the complaint. Let’s see how the house was built originally.” He then went on to mention about the low salaries of the Police Officers. “I have been fighting against accreditation for years.” Balut then read a letter from Arlene Quinones (Former Law Director) about dismissed tickets. “The Police Chief answers to the Prosecutor. There was an erroneous press release about the gas station attendant killed in Edison. We get all these press releases, but no releases regarding crimes in the City. Get rid of people not doing their job.”
Law Director King responded to the dismissed tickets letter. “Based on the information I have, it was done correctly.” He also responded to Sharon Hubberman’s question about an ordinance pertaining to organizations participating in City events. “Applicants must have an answer within 45 days of their request. Depending on the event, there may be different city departments involved.”
Resident David Caba came up next and again questioned how many Police Chaplains are in the City.
Council President Bill Petrick responded, “As of the end of last year we have zero. We don’t have a number of how many we had in 2018.”
Caba then continued and talked about the value of housing and condos in other municipalities versus the City of Perth Amboy. “There was a condo in Long Branch that sold for $2.75 million. Kushner even built a new parking deck there. He (Kushner) has done nothing on Rector Street in ten years. The Landings units that initially sold for $400,000 now sell for $200,000. He (Kushner) would rather do 600 rental units in Perth Amboy. This is an insult that after ten years he only wants to build rentals. I will bring comparisons between Jersey City, Long Branch, and Perth Amboy (similar housing units).”
Resident Alan Silber came up and said, “The intersection of Washington and Rector Streets need a blinking light.” He then questioned the special meeting that took place on January 8, 2019. “I thought it was supposed to be for emergencies only. One of attorneys (Blunda) of seven years was replaced at a regular meeting.”
Business Administrator Fehrenbach responded to Silber’s question about the special meeting. “It is required by law if a Council has 5 Members meeting, a special meeting can be called. If we had put this as a topic on the agenda of the 1/7/19 Caucus, we would have been here until midnight.”
Silber continued, “If it (the special meeting) was for hiring, it should have been public. We aren’t the highest paid for the Police with a starting salary of $33,000. This is not enough, especially when you have a person that has to carry a gun. The Police have to work a part-time job to help support their family. The Police need a pay raise.”
Law Director Peter King spoke up to address the Special Meeting. “Because it was an emergency, a notice has to be put in the paper about what took place.”
Former Councilman Fernando Gonzalez spoke next. He said, “The biggest disservice to the City is the old Police, Fire, and the Courthouse buildings (that are located on High, Fayette, Commerce, and Rector Streets). We are paying taxes and insurance on abandoned properties. There’s no reason for those properties to be vacant since 2008. Have someone come in to develop that land that we own. Give it the appearance that it should have. No one wants to go there now.”
Council Comments: Councilman Helmin Caba thanked Law Enforcement in honor of National Law Enforcement Week and congratulated all the candidates who ran in the November 2018 elections. “It’s not easy and it’s a sacrifice to all. I especially want to congratulate Stephanie (Márquez-Villafañe) who is the youngest elected Board of Education Member in New Jersey.”
Councilman Fernando Irizarry also thanked the Police for their service. He then read an ordinance that stated the Council does not have the authority to grant temporary handicapped spaces. “An applicant that is turned down for a handicapped parking space in front of their residence can appeal the decision.” He then made a statement regarding Police salaries: “Since Police salaries are negotiated by the union and Administrations and voted on by the members, the applicants know the salary. We (the Council) don’t negotiate Police contracts. The unions should be negotiating about the low starting salaries. The people at the top of the salary are more concerned about themselves. The blame is put on the Council and Administration.”
B.A. Fehrenbach addressed Irizarry’s comments, “During the negotiation sessions, there is an interest arbitration reform. The total cost of a contract cannot exceed 2%. There was a salary freeze in 2008 because of our financial situation. Steps were added to achieve the top range. We are not in the same situation as New Brunswick, Edison, or Piscataway which pay their officers more. There’s a 2% limitation on arbitrators. The City and labor negotiations are needed.”
Councilman Joel Pabon spoke next and added, “Rector and Market Streets also have a lot of lights that are out. The parking situation on Second Street is getting really bad and people are parked everywhere, especially with King High Garage. You need to have at least one Police Officer to hand out tickets. There are pictures posted on social media about people double parking on Second Street even if there is a space available. Taxi drivers are driving very reckless and we need to bring their owners in to discuss this problem. Mail is being stolen from church boxes on the street.” Pabon then when on to explain most of the public mailboxes have been replaced with only a thin slit to put mail in it. In the old boxes, people would stick hooks in there and were able to pull out mail (especially checks). He explained that this went on in other towns and had spread to Perth Amboy.
Councilwoman Milady Tejeda thanked the Police for their service and also former Councilman Fernando Gonzalez for his help. She congratulated Stephanie for her victory and thanked the City Clerk, the Administration and her fellow Council Members for all their help. “I look forward to working with you.”
Council President Bill Petrick spoke last. He also thanked the Police for their service. He also remembered when he was on the Board of Education that they reduced the steps for teacher to get an increase. He congratulated Stephanie for winning a seat on the Board of Education. He then told former Councilman Fernando Gonzalez, “We didn’t always agree, but you always brought in a lot of good ideas and we know you’ll continue to do so.”
Law Director Peter King stated the following: “Regarding the runoff elections for mayoral candidates, the law says that the winner would have to achieve 50% + 1 vote. In regards to having the Council President acting as Acting Mayor, the Faulkner Act states the Mayor can choose whomever they wish. Also, per the Faulkner Act, the Mayor’s position cannot be changed to part-time.”
