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How Many Warnings? Lozada Appointed

6/26/19 Council Meeting

By: Carolyn Maxwell

PERTH AMBOY –Middlesex Water Company Representatives came to the 6/26/19 Council Meeting at the request of the Council. At the 6/24 Caucus, Middlesex Water Company made a presentation that was lengthier than expected.

Dave Brogle, Production Supervisor of Middlesex Water spoke first. “THM’S (Trihalomethanes (a chemical compound)) are long-term. They were first regulated in 1971. Each water testing site is regulated separately. The safety levels (of the contaminants) of elements or regulations are geared towards children or those with a compromised immune system.”

Louis Perez Jimenez cautioned the Council that 2 more letters were already sent this year and one more is coming. “There are no problems at the Runyon Site. The THM levels are low. We take the readings of the last 4 quarters and do the average between the high and low level contagions. The letter that went out in Spanish had incorrect measurements and we will be sending them with the corrections.”

Brogle then spoke again, “We have sampled the water in the last couple of weeks. The sample showed MCL’s (Maximum Contaminant Level (the highest level of a contaminant that is allowed in drinking water)) were in the upper 40’s to low 60’s. The next sample will be done in July. We’re looking at different chemicals to lower organics and we’re also looking to flush the system.”

The meeting was open so people can ask questions regarding the presentation.

Dorothy Carty-Daniel spoke first. She referred to the chart that showed the Housing Authority on it and wanted to know where on the site that were the readings taken.

Jimenez answered, “At the Delaney Homes.”

Daniel then questioned, “Was this a citywide? I drink tap water all the time. I don’t have bottled water. I don’t have any problem with the water. I never received a notice about this.”

Jimenez explained, “Notices were sent to the people who actually get water bills. The records come from City Hall, so we know who to contact.”

Daniel answered, “I don’t pay for water. Maybe that is why I did not get a notice.”

Resident Vincent Mackiel came up next and asked for a breakdown of the last 4 quarters. 

Jimenez explained, “The Grainy Well was broken, and we were forced to use other wells which had more organic matter. We have 2 brand new pumps, and we’re getting another one.”

Mackiel continued, “What would be the affects this would have on superfunds sites? In 1976, I did a school study. At the time we had and still had an infrastructure problem. How do you coordinate the infrastructure with the growing population? Will that watershed be available?”

Jimenez answered, “By Sunday, we will be sending out RFP’s for engineers to do a study on treatment equipment and contaminants and what we will need to do.”

Mackiel then questioned, “What about businesses that caused those contaminants?”

Jimenez answered, “That’s why we have the EPA coming in here.”

Mackiel suggested that they direct the companies out of that watershed.

Resident Ken Balut came up next and stated, “Over the last 5 years, we’ve had several violations of chemicals (in our water) including E.coli.”

Jimenez countered that last remark. “We didn’t have E.coli. We have 17 sites we cover every week.”

Balut continued, “We should have been informed about the E.coli and lead that was found.”

Brogle responded, “The report was sent in late to the EPA, and that was why we were cited.”

Balut continued and talked about R-307 – Irving Lozada being on the agenda to be appointed Director of Code Enforcement. “On the application to be the Mayor’s Aide, Lozada failed. What credentials does he have to be Code Enforcement Director? If he has to appear in court (on a Code Enforcement Violation), they would ask him for his qualifications. He is a nice guy, but we still have illegal housing.”

Stanley Sierakowski came up next and also spoke about Irving Lozada. “Let’s assume he has the credentials. Is it a civil service position? Will it be posted? Will the Mayor have to pick from that list (candidates that apply)?”

Business Administrator Frederick Carr replied, “It’s not a civil service or tenure position. It’s a Department Head appointed by the Mayor.”

Sierakowski then questioned R-303-6/19 – Directing the City Tax Collector to place a lien on Block 51, Lot 1&2 in the amount of $389,270.30 + interest for default on settlement agreement and general release. Sierakowski said that he heard this was done deliberately. “Or was the check lost in the mail?”

Council President William Petrick responded, “The City didn’t receive the payment.”

Sierakowski went on to explain, “I recently attended an event there, and all 3 parking lots were filled. I couldn’t find a parking space.”

Carr explained, “Those lots are public parking and it’s first come – first serve. The owner knows that.” 

Sierakowski continued, “I am surprised the people who do the valet parking do not get paid by the owners (of the establishment). They are only paid tips by the people whose cars they park.”

Sharon Hubberman came up next. She thanked the Council and Middlesex Water for their presentation. She asked, “Who compiled the graphs of different levels of compounds of the sites around the City?”

Council President Bill Petrick responded, “The Water Company.”

Hubberman then questioned, “What would cause the letters to be sent out? I see 4 quarters that was based on a total year of running value. The letter said that the readings would be based from April 1st to June 30th. We need to rely on the EPA stats. What filtration procedures have been implemented? What about corrosion? I hear you are using ozone’s for cleanups. I sent an OPRA request for the maintenance records for the last 10 years. We are paying an excess of $20 million to the Water Company. What about the chemistry of the water? What about organic versus inorganic materials? Inorganic includes metals. We want to make sure you differentiate between the two and it is noted. An emergent contaminant was not mentioned.”

Jimenez replied, “We’re using a pressure system for filtration and we use lime to control the corrosion. We don’t use ozone’s. In regards to your OPRA request for the last 10 years, you are asking for over 1000 pages. If you would like, you can come to our office anytime to look at the reports. Organic materials would be trees and leaves that are extracted through the wells.”

Resident Marianne Komek came to speak next. She read a letter regarding the water and the lack of communication to residents who had not received the notice. (see letter “Water” on p. 6.)

Louis Perez Jimenez again explained that notices were only mailed to those who pay the water bill. 

Brogle then spoke because there was a question regarding ozone’s and bromates. “Bromate (bromate and ozone formed together is used when disinfecting water) can be form when it’s reacting with ozone’s. We do not use ozone’s. Another company working on the site is the one using ozone’s.”

A woman who lives on Jefferson Street came up and talked about Irving Lozada and why she thinks he should be appointed as Code Enforcement Director. “Lozada goes above and beyond his duties. The Council should take that into consideration.”

Another resident came up and asked that her Spanish be translated into English, which Councilman Irizarry did. She wanted to congratulate the Council Members who didn’t do a tax increase. She explained she is a community leader and represents Ward 2 District 1. “People come to me to help solve their problems. A lot of people call Lozada personally. If he did a bad job, I would tell you. Please vote to support him. If not, who would do the job? He has done a better job than those who had this position before. Irving has to support his family and he will continue to do a good job.”

Renee Skelton came up next. She made a statement regarding anticorrosive, metal, and copper levels in the water. She stated in the letter it said the pH in the water was 6.6 to 7.

Jimenez said, “The groundwater has a low pH and we have to increase the pH to reach the acceptable levels.”

Alan Silber came up next. He talked about a political press conference that the Mayor had at City Hall Circle. “She (Diaz) submitted the form and signed it. Irving Lozada is a very polite person and anytime he would see me, he would shake my hand. The day that the Mayor had that press conference, he (Lozada) left work to attend it. I also saw Code Enforcement Officers with badges who attended. It (the press conference) was a political intrusion. You (the Council) are elected. The Mayor has to uphold all ordinances and you have to make sure she does. She puts any dates on correspondence that she wants (referring to the time when she made title and date changes to appointments that are made by the Mayor).” 

Council President Petrick responded, “The Resolution appointing Lozada was on the agenda 3 times.”

Councilman Irizarry then spoke up and said, “In 3 times, those resolutions were tabled.”

Silber continued, “Improper political appointments were made.”

A Resident from West Side Avenue came up to speak next who came up to support the appointment of Irving Lozada. “I’ve known him for years. Lozada deserves an opportunity to continue. Lozada does much for the community. I pay more than $80,000 a year in taxes as a business owner.”

Another Resident came up to speak. He said, “I came up here tonight to speak about Irving. I’ve been a resident for 40 years. Not many people here have done for the community what Irving has done. I asked you to value Irving for the position he’s requesting.”

Resident Sharon Hubberman came up to talk about Ordinance No. 2 regarding rates for the water and sewer. She stated, “The rate increase will have an impact on our water rates. Some apartment renters pay for their water. Why aren’t we discussing a moratorium? I understand there’s a lot to run the system, but I’m not in favor of an increase.”

Petrick spoke up and reminded everyone, “We have an old system. For many years it was neglected. We (the Council) have to pay the increase also.”

Resident Ken Balut came up next to speak about Ordinance No. 3 – An Ordinance to amend an Ordinance entitled “Alcoholic Beverages” re: transfer restrictions. He questioned, “Is this for one person only?”

Law Director King responded, “Anyone can take advantage of this. It’s a restriction from one owner to another.”

Balut continued, “The town has bent over backwards for this one person.”

Petrick responded, “If this ordinance passes, then anyone can do the same, even if they have a pocket license.”

Councilman Helmin Caba then added a few comments, “It’s not to help just one person. This license is presently located in a residential area. It will be relocated to a commercial area. If we don’t approve this ordinance, it will remain in a residential lot which will affect more people.”

Alan Silber came up to speak about this ordinance. “I understand about moving this license to a commercial area, but why does it expire January 1, 2020?”

King responded, “To give it a window.”

Stanley Sierakowski came up to speak about Ordinance No. 4 – An ordinance dissolving the Perth Amboy Redevelopment Agency and designating the City Council as a Redevelopment Entity for the City of Perth Amboy. (Adoption Subject to Approval from Local Finance Board) Sierakowski stated, “The agency currently has no debt and has more assets than deficits. How long will it take to dissolve the agency if the DCA approves the dissolution?”

King responded, “About 6 months.”

Sierakowski then questioned, “Can we reduce that timeframe?”

King responded, “I don’t know. I will be forwarding all the paperwork to the DCA.”

Balut came up to speak regarding the same ordinance, “This is a great ordinance, and you can have more control when dealing up-front with the developers and contractors. The school taxes went up with the PILOTS. It’s not fair to the Senior Citizens. Those PILOTS are garbage. Fehrenbach said no to a PILOT for Kushner. You can make an easy case (to dissolve PARA) to the DCA on why you should take over. Just show them the 2 PILOTS that were given first. You guys did a good job increasing the taxes by only 1%. You have to vote for this ordinance.”

Resident Dorothy Daniel came up to speak about Ordinance No. 5 – An ordinance to amend an ordinance fixing and establishing a schedule of salaries and salary ranges and increments for officers and employees (nonunion and management). She was concerned that the police or fire personnel may be laid-off. 

Petrick responded, “Our intention is not to layoff anyone from the police, fire, or EMT departments.”

When it came time to vote on the resolutions, R-290 and R-291, R-293 thru R-306, and R-308 was moved by Councilman Fernando Irizarry and seconded by Councilman Joel Pabon. R-292 and R-307 was asked to be pulled by Council President Petrick to be voted on separately. 

For R-292 – Authorizing the 2019-2020 renewal club license held in the name of St. George Catholic Club, Inc. at 409-419 Eagle Avenue effective July 1, 2019. It was moved by Councilman Joel Pabon and seconded by Councilman Fernando Irizarry. Petrick abstained because he’s a member of the club. All the other Council Members voted “yes”. 

For R-307 – Consenting to the appointment of Irving Lozada as Director of Code Enforcement was moved by Councilman Joel Pabon and seconded by Councilman Helmin Caba. Before they voted individually, Councilman Irizarry had a question. “There was supposed to be more information attached to this resolution.” He asked about the salary.

B.A. Carr responded, “Lozada’s salary would start at the low end for that position. That would be $90,793.”

When it came time for the vote, everyone voted “yes” except Council President Bill Petrick who voted, “no”.

For Ordinance No. 3 – The transfer restrictions regarding alcoholic beverages, it was moved by Councilman Caba and seconded by Councilman Irizarry. Everyone voted “yes” except Council President Petrick who voted “no”.

Law Director King gave Councilman Irizarry more information regarding R-307. “When appointed, Lozada will have to go to certain required classes. After 6 months, there will be a review of his salary to see if he has met certain criteria (in that timeframe).”

Councilman Irizarry responded, “My concern is it that this is not stipulated (in the resolution).”

City Clerk Victoria Kupsch said, “It’s in there if you look at the revision.”

B.A. Carr then spoke up, “Lozada’s focus is the management.”

Law Director King spoke up again, “Lozada will be taking certain seminars pertaining to the job, but he can’t be expected to take all of the classes.”

During the last pubic portion, Dorothy Carty-Daniel came up next. She was concerned about the traffic on Convery Boulevard near the fast food establishments. “With the cars going towards Woodbridge, many of them are crossing the yellow lines to go into those businesses and it’s dangerous. I’m concerned about the students and teachers who will be going to the new school there. A footbridge is needed.” She also complained about the smells coming from the sewers and stated they need to be cleaned. She suggested nets may be needed to be placed over the sewer grates. She then talked about Community investment Programs that banks and other businesses would participate in. She remembered that program was around when Vas was Mayor. They would pay the salaries of firefighters or police officers so they wouldn’t lose their jobs. Daniel also wanted to thank the Council for voting to make Zambory Street one-way.” 

She then talked about getting a call from a telemarketer who used a utility company phone number to say they are a bill collector. “You should call our top politicians to get this stopped.”

Petrick spoke up and told Daniel, “A conversation is taking place with the FCC to stop this.”

Carr commented, “This problem went through the FCC pretty fast and a ruling has been made. These are computer generated calls.”

Petrick spoke up again, “These telemarketers are preying on the elderly.”

Resident John Katz came up next. “I came up here at another meeting to complain about the uprooted pavers on our sidewalks. It was suggested that I walk the streets to take pictures. That’s not my job, but if you want to pay me $20 an hour – I’ll do it! I used to be a cop with Balut. The quality of life is bad.” He went on to explain that he saw an individual urinating in public in the daytime. “There are lot of people who smell really bad with dirty clothing. People are always begging for money. I’m on social security. I should be asking them for money.”

Petrick responded, “It’s the Mayor’s duties. We can’t tell the police where to patrol. You need their presence.”

A woman by the name of Ms. Rivera came up to speak. She talked about a problem that she’s having in the neighborhoods of Augustine and Sayre Avenue. “There is always loud music playing. I tried to reason with these individuals. They cursed me out. It’s really bad. My parents own a home in that area. My father is 90 years old. When I called the police, they still harass us. There are loud beeping noises that start late at night and continue until early in the morning. Some places play loud music from 8 a.m. to 2 a.m. They have no regard for the police. This has been going on for 8 years. Don’t these people know about Code Enforcement Laws? The police should be issuing summonses. You can’t tell people anything nowadays because they will retaliate. I live on a one-way street and people are always going down it the wrong way. Lawton Street is a problem.”

Resident Ken Balut came up and talked about when he was a Police Officer. “We will always go back to the address where a complaint was being made.” He then talked about the appointment of Irving Lozada to Director of Code Enforcement, “We just gave $90,000 to a pencil pusher. He’s just doing what he did when he was the Mayor’s Aide. You know about the ticket fixing that went on. The AG (Attorney General) knows about this and about the person who was given a raise in the court system. It’s doing the same thing that Joe Vas did (giving houses away). And no one is being held accountable. You guys are obligated to follow up if something is wrong because you can be held accountable. The police have more experience to do the Code Enforcement job. There are continuous problems with towers dropping tickets. It’s just a matter of time before someone gets a phone call. You guys will pay for it.”

Irving Lozada came up next. He wanted to thank the Council for giving him this opportunity. He stated he’s here to serve the people. 

Resident Sharon Hubberman came up next. She recommended a forensic audit be done regarding the water and sewer. “Where did the money go? It’s a self-liquidating debt because they’re called fees. If we issue debt, it was supposed to go towards the water and infrastructure. We should have a commission set up to see how the money is used. We need an environmental community committee pertaining to public health, chemicals, etc.”

Resident Alan Silber came up. He again brought up the $885 campaign contribution that Law Director Peter King made to a political campaign that the Mayor was supporting. King had denied writing that check.

Silber insisted he had a copy of the check which had King’s name on it made out to the ticket the Mayor supported. Silber said, “If King said he didn’t write out that check, then someone committed fraud. The Mayor also did a $2,000 contribution. The Council should hire an attorney to investigate our attorney. They filed their reports of that campaign way after the election deadline.”

During Council Comments, Helmin Caba spoke first. He stated, “The liquor license (Ordinance No. 3) was the best thing for this community. I don’t want anyone else to take advantage of this. I want to thank everyone for coming to the meeting and expressing their feelings.”

Councilman Fernando Irizarry wished everyone a Happy Fourth of July.

Before the Council continued, B.A. Carr wanted to make an announcement, “I had a 45-minute talk with the DCA. I told them about our negotiations. I want to talk more about the budget and its impact on the City. At the July 8th Caucus Meeting, there will be 2 presentations and one presentation and one presentation at the July 10th Council Meeting. “

Pabon had no comments. 

Councilwoman Milady Tejeda thanked everyone for her comments and said we (the Council) will have to do our own investigation.

Council President Petrick thanked everyone in the public for attending. He told them how to find out when the meetings are (date and time). He wished everyone a Happy Fourth of July.

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