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Water Contaminants Letter, Administrative Appointments Take Center Stage

2/27/19 Council Meeting

PERTH AMBOY – During the public portion to discuss agenda items, Resident Ken Balut came up first. He referenced Communication No. 5 which involves issues with school buses and commercial vehicles parking on residential streets. Balut stated that there are properties on West Side Avenue and Bruck Avenue where sometimes you see 6 to 9 vans parked. “This ruins the property values, and Code Enforcement doesn’t see this. Exterior home renovations are taking place without permits. Put someone in Code Enforcement that’s qualified for the job. Also, another employee got a job through the Jewish Renaissance.”

He addressed Communication No. 6 – NJDEP issued a news release regarding the USEPA choosing a process that will delay establishing a federal maximum contaminant level 4 perfluoroalkyl and polyfluoroalkyl substances know to be present in America’s drinking water. “Why was this not a news release? Does this have anything to do with the problem (a letter that residents received regarding Perth Amboy’s water)? They said the water in Detroit and Newark was fine (later it was discovered that the water in those two towns contained dangerous contaminants).”

Law Director Peter King responded, “They (the NJDEP) are just responding on what the EPA said. It’s not about our water.”

Balut continued, “This should have been a press release.”

Bruck Avenue Resident Linda Ferreira also addressed the commercial vehicle parking situation, “We are becoming a bus depot. They need to go back to where they came from or find a place to put them. They’ve parked in front of my house. They should know better than this.”

Eleni Glykis speaks before the Council
*Photo by Carolyn Maxwell

Rector Street Resident Alan Silber came up to address R-112-2/19 – An installment payment agreement for unpaid water and sewer on 96-98 Second Street. “There was a memo regarding getting monthly water bills. The guy who owns those properties now has to pay an 18% interest? The letter that was sent to the residents (from Utility Service Affiliates) regarding the problems with our water system said that we should share this letter with our neighbors. Something like this should be a press release on the City’s website.” Silber then went on to say what some of the problems the residents may experience because of the water. The letter also emphasized that certain age groups or those who have existing health problems may be more vulnerable. “Who is going to pay for health problems if caused by the water? This is the same kind of letter like (the water problems) in Flint, Michigan. I don’t know if it had to do with their lead pipes. You should get someone from the water department here. Are they hiding something? What is the penalty for the water company?”

Resident Sharon Hubberman came up, “There has been a water problem since 2012. I remember the last time I ran for Mayor. In 2016, there was a debate held in Olive Street that was given by the NAACP. I questioned the safety of our water and that some of the levels (for contaminants) were above normal. The Mayor tried to embarrass me. Why is the water being tested inhouse? I was told everything is fine. In New Brunswick, they altered the results of their test. Open Meetings should be held regarding our water. As a public entity, we have a responsibility to our citizens. Sometimes boiling water can increase contamination. This is a serious issue. We can no longer abide by current practices.”

Former Councilman Fernando Gonzalez came up next and discussed Resolutions R-107-2/19 and R-108-2019 pertaining to Peter J. King getting additional payments which would total $150,767.50 in additional monies to perform duties beyond what is agreed upon in his contract. “I thought we had a full-time attorney to avoid this. This additional money will give him over $250,000.00. Any time it’s anything basic for the City, now there is additional fees? You passed a resolution for a full-time attorney.” Gonzalez then asked for an explanation of R-120-2/19 – Authorizing a settlement agreement and general release in the matter of Richard Leonard vs. The City of Perth Amboy vs. General Reinsurance Corporation in the amount of $2,000,000.00 for a settlement of claims for reimbursement of payment of medical billing.  

King replied, “This is workers compensation and the City is getting reimbursed that amount.”

On the consent agenda, Councilman Fernando Irizarry moved R-97-2/19 thru R-102-2/19, R-104-2/19 thru R-113-2/19; R-115-2/19 thru R-117-2/19 and R-119-2/19 thru R-120-2/19. It was seconded by Councilman Helmin Caba. R-103-2/19, R-114-2/19 and R-118-2/19 were all removed at the 2/25/19 Caucus.

Before the last public portion, Council President William Petrick asked Law Director Peter King if he would look into why Bin Towing (on State Street) hasn’t been called by the City for their towing services. “This towing service had been approved by the City, and had all their paperwork put in, but they have yet to be called for any towing services.”

Ken Balut came up to speak for the last public portion. He questioned, “Why are our kids being taken to JFK Medical Center or St. Peter’s Hospital?” He then asked, “Since R-103-2/19 (Consenting to the appointment of Iriving Lozada as director of Code Enforcement) was removed. Is someone else coming in (to take over that position)? If it’s a temporary appointment, it looks like it may have been full-time. It can be eliminated.”

Council President Bill Petrick then asked King to forward the information to the Council, establishing (the protocol) regarding temporary appointments.

Balut continued, “The person who had a temporary appointment to Code Enforcement had no experience. Officers issued summons to a bus company that were later dismissed. Code Enforcement is used as a hit squad. There is a serious problem. Get the civil service determination that this person was not qualified. The Mayor is putting her friends in positions. You will investigate the library, but not Code Enforcement or the courts when it comes to ticket fixing. The Council better do something.”

Resident Alan Silber came up next and continued the discussion about temporary appointments. He stated, “It’s 90 days. After that, it will be by the consent of the Council for an additional 90 days. The nepotism ordinance was changed to make it easier to hire the friends of Wilda. She knew it was wrong under Pelissier, which is why she changed his title.” Silber then turned to Lozada. “He did a good job as the Mayor’s Aide, but no one can say he’s qualified as the Code Enforcement Director.” Silber then read an ordinance regarding interim appointments. 

King then followed up by reading another portion of the same ordinance. 

After King finished, Silber said, “We agree how interim appointments are made.”

Resident Linda Ferreira came up again and addressed the Council Members who were just elected and reelected in 2018. “Your platform was cronyism and nepotism. What happened to your platform?”

Council President Petrick replied, “We’re still working on it.”

Ferreira continued, “A lot of people on the Boards are her (the Mayor’s) people.”

Petrick said, “Not on the Planning Board.”

Ferreira disagreed, “Some are.”

She also asked, “What about our garbage cans (to be given to the rest of the people in the Budapest Section)?” Ferreria then went on to ask, “Is the Library Director position being advertised as well as the Municipal Board (vacancies)?”

Petrick responded, “Some Boards don’t have to be advertised.”

Ferreria finished with this statement, “There is a circus in the Zoning Board, and some members are not fit.”

Business Administrator Frederick Carr responded to the question regarding the Code Enforcement Director position. “There are only two applicants: one from California and one that was local. Applicants (who can get the job through civil service) didn’t want the job.”

Sharon Hubberman came up next and also addressed the ordinance regarding appointments by the Mayor. “If it says advise and consent by the Council, then it should be done. By skipping that portion, you are not doing due diligence to the public. No one is above what is written.” She also talked about organizations in regards to participating at public events. “There should be no discrimination whether it be political or religious. There should also be an environmental commission.” She then asked the Council to please reconsider certain appointments on Municipal Boards.”

Eleni Glykis came up to speak. She questioned the Council if they ever received notification of her leaving her position as Library Director.

Council President Bill Petrick responded, “No.”

Glykis spoke about the misconception about people in Perth Amboy. She explained to the Council that she is intelligent and knows how to read and understand the ordinances. “You have to write an ordinance so a person can understand it. Code Enforcement doesn’t work. I know this because there are problems (with violations) in the neighborhood where I live. You have to put someone in charge that knows what they are doing.”

Former Councilman Fernando Gonzalez came up to speak next, “Mr. Rios (the former Director of Code Enforcement) was not a holdover. He was an appointee. We appealed Pelissier’s (Former B.A.) appointment, but it was never followed through. The Mayor has gone overboard in abusing her power. The attorney has to represent you, too. He can’t represent you and the Mayor at the same time. Do an investigation and have people come to testify under oath to see what happened in Code Enforcement. You can fire the attorney for cause. Irving (Lozada) did a great job in City Hall as the Mayor’s Aid. He doesn’t have training as a Code Enforcement Director. Don’t let yourselves (the Council) be abused.”

Resident David Caba came up next, “It’s hard to run a City when you have friends. I remember when the Mayor said that Ms. Tejeda is the first Dominican Councilwoman. Ms. Tejeda said she wanted to be known as the first Dominican Councilwoman to work for everybody.” Caba continued, “I haven’t seen one Dominican businessperson or homeowner to ask for Dominican representation. I said that I wanted a Dominican as long as they had the qualifications. We don’t know the whole story (about the Code Enforcement appointee) but it doesn’t look right. I only see the Dominicans come here when it comes to their festivals, then the room is packed. If the Council turned down the Dominican Festival, this room would be packed.”

Resident Barbara Sottilaro came up next and asked the Council if the Library Director vacancy was advertised. “(Herschel) Chomsky is the Interim Library Director, but he’s a clerk and not qualified. All the requirements for a Library Director are not listed. They need more staff at the library, and sometimes they get staff from other departments, but they’re not doing the work.”

Council President Petrick responded to Sottilaro’s remarks, “I did mention some of the qualifications for the Library Director that you also listed.”

Sottilaro then suggested, that the Council contact Rutgers University for a qualified candidate.

Petrick then spoke highly of Eleni Glykis and the great innovative ideas she had which included outreach programs, but the administration was not that enthusiastic.

Sottilaro then spoke again stating she wants a qualified Library Director.

Eleni Glykis came up to speak again to make the Council aware of some mistakes regarding the advertising of the Library Director vacancy, “The closing dates listed were incorrect. We also need a governing board to follow the NJ State Law. They hire and fire Library Directors.”

Resident Vince Mackiel came up next. He had a concern about the census coming up and asked the Council if they were aware about the citizen question on the documents. Mackiel felt that question should be left off so more people could fill out the form and we can qualify for more funding. He also thanked the Mayor and Council for all they did to get Transit and other people involved to start getting the bridgework done on Market Street. “They should also look on getting the bridge on New Brunswick Avenue looked at. It’s a disgrace, too.”

During the Council Comments, Councilman Helmin Caba spoke first. He requested that the Water Department have representatives come to the next meeting to talk about the letter that was issued to the residents (see page 4).

Council President Petrick suggested that they also contact the Environmental Services at Rutgers University. 

Caba then explained, “Several residents called about the water problems stated in that letter.”

Business Administrator Frederick Carr answered, “The DEP had to approve the letter for release. Once it was approved, we sent out the letter. I believe the letter was on the website. This was the EPA form letter and it said it had to be used. If you’re upset about it, then talk to your doctor. I drink the water every day. They do a lot of testing on the water. Last year, we had violated two levels and I have copies of the last test.”

Councilman Fernando Irizarry spoke and suggested that representatives from the water company come to both the next Caucus and Council Meetings.

Council President Bill Petrick asked that they move to the next level regarding appointments that should never have been made (in the first place). “We need an independent voice to see if it meets the letter of the law. It’s not about the guy (Lozada) who was the interim.” Petrick then questioned if the last Director of Code Enforcement was dismissed correctly.

Law Director King responded, “I can’t do the filing and you will have to hire another attorney.”

Petrick responded, “The Mayor has overstepped her boundaries.”

King stated, “I will be conflicted (can’t represent both the Council and the Mayor on this matter).

Carr then stated he will consult with the Mayor about the Council hiring their own lawyer.

Petrick then stated, “We (the Council) control the budget and this is the reason we are holding this discussion.”

King then explained to the Council, “When a Mayor is elected, they can make appointments. If the Mayor is reelected, they can appoint others. If not, then people (in those positions) are considered holdovers. You (the Council) were given a memo with appointments and dates.”

Petrick then stated, “I don’t think the Mayor went about it the right way, with the dismissal of Department Heads.”

Carr then addressed a question asked earlier in the Meeting regarding children being transported to different hospitals (JFK and St. Peters). “If there is a request to go to a different hospital, they can do so.”

Councilwoman Milady Tejeda  then added, “If the emergency room (in Perth Amboy) is packed, a patient can be sent to another hospital.”

Councilman Joel Pabon was absent (excused).

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