6/12/19 Council Meeting
By: Carolyn Maxwell
Sharon Hubberman
PERTH AMBOY – During the public portion on Agenda Items, Resident Stanley Sierakowski questioned Resolution R-262-6/19 thru R-264-6/19 which dealt with installment payments on certain properties (residential and commercial). He questioned whether the properties had to pay interest on installment agreements.
Council President William Petrick responded, “Yes.”
Sierakowski then suggested, “You should treat these entities just like the rich. You fixed the Armory’s bulkhead and they paid no interest on the over $480,000 they owed. The people (from Resolution R-262-R-264) will be paying the interest on the sewer work being done on their property.”
Resident Ken Balut came up next. He asked if Councilman Fernando Irizarry received the information which he requested regarding the school tax levy (for the last 3 years). He then questioned Communication No. 17 where the Mayor notified the Council Members, Department Heads, and Directors that she is appointing Irving Lozada as Acting Director of the Department of Code Enforcement effective May 28, 2019.
Balut stated, “The Mayor can’t keep extending this appointment. You (the Council) have to vote on it. Did Lozada file a report on the latest incidents? He (Lozada) was turned down by Civil Services for other jobs he’s not qualified for.” Balut then questioned R-259-6/19 which dealt with authorizing an agreement with Hold Harmless with Harbortown to locate a summer lunch program during the period from July 1st through August 31st, 2019. The Harbortown Developer is not giving any money for Fun Day. There was also supposed to be a pool built (in the complex).”
Council President Petrick stated that there is a pool, but it’s only for members who pay extra money.
Balut continued, “This doesn’t make any sense.” He then questioned again, “What’s the levy on School Board Taxes? How much did it go up?”
Business Administrator Frederick Carr responded, “I sent the information to the Council.”
Resident Alan Silber came up next and also referenced Communication No. 17. He told the Council, “You have a duty. I don’t think the Mayor knows the City Codes. Irving was appointed Acting Code Enforcement Director. After 90 days, he can only be appointed by the Mayor with the Council’s consent.”
Petrick responded, “The Mayor has skirted the issue and we may have to take her to court.”
Silber continued, “If there is no resolution, then you can’t vote on it.”
Law Director Peter King responded, “It was on the agenda (a resolution to appoint Lozada), but the Council President asked that it be taken off.”
Petrick then spoke up, “There were resolutions (appointing Lozada) that were put on agendas twice, but it was not put on this agenda, so it’s a no-vote.”
Silber continued, “You (the Council) can’t hide from this, and you should be outraged.”
Law Director King then told the Council, “You will have to give an advise and consent and a reason on why you vote on a resolution.”
Resident and Businesswoman Sharon Hubberman came up again and referenced R-280 – 6/19 – Authorizing an application to the New Jersey Local Finance Board for the dissolution of the Perth Amboy Redevelopment Agency pursuant to State Statute. She stated, “The biggest issue (regarding PARA is the way it is outfitted and appointments without the Advise and Consent of the Council. The law says the Mayor can appoint one person to PARA. The Council appoints the other members. PARA needs a vision, a plan, and growth, that they need to accomplish. We have a fractured entity. To start PARA over again, you may have to meet financial qualifications: an asset to debt ratio also needs to be looked at.”
After the Public Portion was closed, Business Administrator Frederick Carr referenced R-281-6/19 which pertained to the retaining wall reconstruction project on Riverview Drive. He noted that the funding for an amount not to exceed $2,800,000 was approved by the DCA. The amphitheater was approved with the changes that were recommended by the Council.”
James Fearon spoke up and said, “The PILOT governed by the financial agreement approved by the Council. 5% was given to the County and some of the money was applied to debt service. The issuance of bonds is what is on R-282 – Amending the CY 2019 Budget. “Interest is 4% on bonds bought by investments.”
When it came to vote on the resolutions, R-254/6-19 thru R-279-6/19 and R-283-6/19 was moved by Councilman Fernando Irizarry and seconded by Councilman Helmin Caba.
R-280-6/19 was asked to be pulled to vote on separately by Councilman Fernando Irizarry. Councilman Joel Pabon said, “We need to know where we stand before dissolving PARA. I’m voting “No” on this resolution. The terms have expired on some of the Members.”
Councilman Helmin Caba said he was voting “Yes.” “Everyone sitting on PARA is there illegally. The Mayor is still having meetings illegally.”
Council President William Petrick then told Law Director King who had stated earlier he that he may have a conflict representing the Council. Petrick told King, “You are here with the Mayor’s blessing and she can remove you just as she has done to others.”
When it came to R-280, Councilman Fernando Irizarry and Joel Pabon voted, “No.”
Helmin Caba also requested the minutes from all the PARA meetings this year. City Clerk Kupsch said that she would do so.
For Resolution R-282-6/19, Councilman Irizarry asked that resolution to be voted on separately.
Council President Petrick requested that Resolution R-282 be tabled because of a conversation he had with Perth Amboy Court Judge Rivas. “Judge Rivas told me that judges cannot be removed in the midterm of their contracts. We can act on prosecutors.”
There was a motion to discuss R-282 in closed session. It was moved by Councilman Joel Pabon and seconded by Helmin Caba. R-282 was moved to table by Pabon and seconded by Caba. All voted “yes” to table.
Council President Petrick said, “They are going to be voting on R-281 – Authorizing the retaining wall project at Riverview Drive.” R-281 was moved by Irizarry and seconded by Caba. The only “No” vote was Petrick. The motion passed, but a special meeting was called to discuss it further.
Because of this decision, Attorney Diane Stallback who represents NCP Corp. & Duke Realty came up to speak. She told the Council that the potential tenant for their redevelopment project has a specific timeframe set (for the Council to approve). “The deadline (for the Council’s decision) was this Friday (6/14/19) and I don’t know if they (the potential tenant) will extend the timeline. The recirculation of how the trucks will be moved around the property has changed.”
After Stallback finished talking, Mike Davis from Duke Realty came up to speak. He told the Council there were no changes to the public improvement (amenities) and we pulled items off the table that the City requested. We’re looking at a potential of 300-500 jobs that this Fortune500 Company will bring. You can make changes even after you vote tonight. It was decided by the Council that a special meeting should be held. This was due because of the PARA Meeting regarding this development took place on Tuesday, June 11, 2019. The Council never received notification or minutes of this meeting.
After Davis spoke, the last public portion was opened up. Resident Stanley Sierakowski came up first and he talked about PARA. He stated, “The Council creates and dissolves PARA. If you dissolve it, you can appoint yourselves and hire your own professionals and experts. The DCA doesn’t issue legal investigations. They go to the Attorney General’s Office. You (the Council) can go individually or as a Council Member. You are weak on character.”
After Sierakowski’s last statement, Council President Bill Petrick told him, “You were good up until that last comment (weak on character).”
Sierakowski continued, “Assert yourselves. You are spending millions on personnel matters. None of you can fire the attorney.”
The next speaker to come up was Marilyn Dudash Estacio who graduated from the PAHS Class of 1964. She made an emotional plea. She began by saying, “The Memorial Service (5/27/19) was moving, but the Veterans names from our class were not inscribed on the monument, even though we submitted their applications in a timely manner.”
Councilman Joel Pabon spoke up and stated, “I’ve worked with the Class of 1964 about their Veteran’s names not being on the wall.”
Business Administrator Carr replied, “We have submitted the list. We are working with the man who carves the names on the wall.”
Resident Ken Balut came up next. He told the Council. “You have no money for names on monuments or for the schools, but you can give millions for PILOTS. People (developers, lawyers, and others connected to the downtown redevelopment project) who came here tonight to speak said they met with PARA yesterday. Did you get any information about this meeting?”
Petrick responded, “No.”
Balut then said, “The City is paying for the Y’s pool and they get money from the schools.” He then talked about a South River Water Inspector who recently got indicted for submitting false water testing reports. “There are health problems associated with bad water which is serious. Where is the transparency? You should have had the minutes of the PARA Meeting from Tuesday (6/11/19).”
Councilman Fernando Irizarry responded to Balut’s question regarding the School Board tax levy from the last 3 years. “I got the information as we all did, but I need time to study it.”
Resident and Businesswoman Sharon Hubberman came up next. She became emotional when she talked about a person from the public was told to sit down. “You showed more respect to the developers. I only saw Petrick stand up to the developers for us. Dark money exists. We face a lot of issues. Where is the special meeting to get our Veteran’s names on the wall? Changes are constantly being made after contracts are signed. We need transparency in government and people need a voice. We live, invest, and have family here. Developers try to pressure us. Don’t fall for it.”
Petrick responded, “We asked them (developers and contractors) to come up here to explain themselves.”
Resident Alan Silber came up next said, “Believe it or not, I went to see a doctor and they actually told me to get a second opinion. You (the Council) can get a second opinion from another lawyer. Sometimes people abstain without a reason. My problem is not with the person, but with a position they are put in.”
Silber continued, “Lozada (Acting Director of Code Enforcement) is not a City Employee. He’s in that job illegally.”
Resident and former Councilman Fernando Gonzalez came up. He stated, “I’m a big proponent of term limits. We have the ability and it’s on November’s ballot that the Mayor has to win by 50%+1 of votes cast. Pass that resolution. Once people get the recognition, they don’t want to let it go. Now, you’re having trouble with PARA which was created by the Council. There is dark money. You should not be afraid of work. You should be the one whose making decisions (regarding redevelopment).
There will be a special Council Meeting on Tuesday, June 18, 2019 at 5 p.m. at the City Council Chambers.
