Questions Regarding Safety Issues at
New Seaman Street School,
Arguments Continue Over Kushner Properties, and Awarding Bid Contracts
8/12/19 Caucus & Council Meetings
By: Carolyn Maxwell
PERTH AMBOY – There was a discussion involving Ordinance No. 3 – Entitled “VEHICLES & TRAFFIC” regarding:
• Parking Prohibited- South Side of Seaman Avenue 7 a.m. to 5 p.m. Monday to Friday.
• Seaman Avenue – Easterly Direction – one way between Augustine Place and Ogden Place.
Business Administrator Frederick Carr explained that the School Administration requested this and there will be 4 police officers assigned to the site. “They will be there until the traffic lights are installed. The traffic (volume) will be high and there’s hardly any parking.”
During the public portion, former Council President Ken Balut was agitated when he said, “You’re going to put 4 police officers on Seaman Street.”
Carr explained, “The Board of Education will be paying for their salaries.”
Balut replied back, “It’s still taxpayer’s dollars. It’s ridiculous how we are losing officers.”
There was a continuing discussion regarding Rector Street and the Kushner Properties.
Resident and Businessman David Caba asked about the status of Rector Street Road Repairs.
City Engineer Jefferey Rauch came up to respond, “We are having preconstruction meetings with Z- Brothers Construction Company. We are looking to repair Rector Street between Washington to Smith Street with the exception of Commerce Street.”
Council President William Petrick then spoke up, “We should put on their (Kushner’s) tax bill the part of Rector Street that is their property that we fixed. If you have the grinder, then you should be able to do the whole street. If we can charge a senior citizen to fix their sewer lines, then we can back charge Kushner.”
Councilman Fernando Irizarry spoke up and said, “The City should go after Kushner’s performance bond.”
Petrick then reiterated that the whole street (Rector) should be done.
Irizarry spoke again, “I would have said a long time ago to take the performance bond money (from Kushner) if I knew it was legal.”
Resident and businessman David Caba came up to speak, “Kushner took a lot of pride when he talked about closing on properties that he developed in other towns. I’ve done closings at the Landings which are at a loss. Do you think I would take a millionaire client to Rector Street? They might buy a lot of the units there for about $130,000 each and resell them for maybe around $200,000. They were originally $400,000 to $600,000. Compare the values of the Jersey City real estate market which is high compared to Perth Amboy which is lower.”
A resident from Market Street named Jeanette Perry came up to speak. She asked if the Landings area was exempted when it came to road repaving. “We get snow removal. If we had that service, then the road should be repaved as well. It’s a nuisance to look at the open field.” Perry also mentioned that the part of Rector Street that she had to travel is so bad that she feels she may have to push her car from out of holes.”
Resident Alan Silber came up to speak about the DCA (Department of Community Affairs). “The Mayor should sue the DCA because of their decision regarding the Mayor’s budget.” (According to the Faulkner Act, it only takes 3 members to change the Mayor’s budget. They had the votes, but the DCA did not honor the Council’s request.) Silber then mentioned Ms. Perry’s comments made about the portion of Rector Street that is in awful shape. “I would also add that Rector Street between Fayette and Smith is coming apart. Ms. Perry made a good point about snow removal. If the City takes care of that portion (belonging to Kushner), then the City should also take care of the paving. Maybe the Mayor prefers suing the Council instead of Kushner because he (Kushner) may have more expensive lawyers.” Silber continued to talk about a staff member who works for Alexandria Ocasio-Cortez. “That person stepped down to work on her (AOC) reelection campaign. Our Public Relations officer and Chief of Staff should step down at election time (if they will be working on campaigns).”
Resident Susan Batista came up to speak regarding an update on the lawsuit she has against some of the administrators and employees (past and present) in the City. “People who are involved in lawsuits (defendants) have different interests. The law firm of DeCotiis (representing the City of Perth Amboy) made it seem like it was a package deal. Some of the people (named in the lawsuit) are no longer City Employees. They should be paying for their defense out of their own pockets. Each side in the case had to exchange discoverable evidence. There was a chain of custody that had to be signed off. You have no witnesses. I’m suing for pain and suffering.”
Resident Stephanie Márquez-Villafañe came up to speak, “The City needs to advise the residents of any new traffic patterns regarding the area around the new Seaman Avenue School (Rose Lopez School). She also mentioned that she lives in the King Plaza apartments, “That building has 6-digit water meters. The water meters can only read 4-digits.”
Business Administrator Frederick Carr responded, “We are getting into the King Plaza building to change their meters.”
Luis Perez Jimenez Director of Operations at the USA-PA (Utility Service Associates (Perth Amboy) Middlesex Water Company) stated that the new meters will be able to read 6-digit numbers.
Other discussions at the Caucus Meeting included R-343-8/19 – A professional services contract with SOR Consulting Engineers for a sub-surface investigation in connection with the relocation of a concrete pad in an amount not to exceed $13,500.
B.A. Carr explained, “Public Works drilled 70 feet. They found a poor sub-surface and conditions called for them to put pilings in it. This is just to find a solid place to put the pad.”
There was also a question involving sewers separations and mains. R-346-8/19 was about sewer separation and the area bounded by James Street, State Street, Parker Street, the Outerbridge Crossing to Maurer Road.
Perez Jimenez stated, “This would be to eliminate some of the overflow.”
Jimenez also fielded any questions regarding R-347-8/19 – A contract with Oswald Enterprises for the TV inspection of various collapsed sewer mains in an amount not to exceed $24,425.
“We are in the process of purchasing cameras to look at these problems,” stated Jimenez.
There was a question regarding R-324-8/19 which was part of the closed session. Item No. 3 pending litigation – Mayor vs. Council.
Resident Stanley Sierakowski asked, “Who is the defendant and who is the plaintiff?”
Council President William Petrick responded, “We are the defendants and the Mayor is the plaintiff.”
Law Director Peter King spoke up and said, “Lawyers for the Council can be taken from the list of approved lawyers from the City.”
There was a question about Communication No. 14 – Maraziti, LLP submitted a copy of a letter submitted to the Local Finance Board on behalf of the Perth Amboy Redevelopment Agency requesting that the hearing on the dissolution of PARA be adjourned to September 11, 2019.
Sierakowski questioned, “Why the delay?”
Law Director Peter King responded, “This was necessary to make sure all the people necessary could be at that meeting.”
Sierakowski then mentioned Communication No. 2 – Mayor Wilda Diaz notifying Roman McKeon of his permanent appointment to the rank of Police Chief retroactive to May 13, 2019. Sierakowski stated that Deputy Police Chief Larry Cattano is appealing the Mayor’s decision.
There was a question regarding R-352-8/19 – A contract with Suburban Consulting Engineering for a survey design bid phase and construction administration services related to the 4 gate locations within the public safety complex in an amount not to exceed $17,300.
Resident Ken Balut stated, “That’s already been designed.”
Council President Petrick responded, “The gate on Augustine Place was too far forward.”
Balut continued, “We have all this money for designing, but we can’t afford our police officers. Why don’t you ask our Deputy Chief about the number of officers who left our police force?”
The Caucus Meeting was over at 6:50 p.m. so the Council could go into closed session. The Regular Council Meeting followed and began at 7:20 p.m.
During the first public comments on agenda items only, Resident Ken Balut came up to speak first and referenced Communication No. 13. An anonymous letter regarding the continuing behavior of residents at 490, 491, 492 and 494 Neville Street. He stated, “I heard that Bernie Sanders is coming to Neville Street. Will the streets be repainted?” He then referenced R-352-8/19 (gates in public safety complex). We should have the Rutgers Students do this instead of us paying all of this money. It’s so crowded in town now that there’s no place to move. Even with PILOTS our taxes went up. You should dissolve the PARA. They are the problems. I heard they are in discussions with Kushner. Kushner bragged about his properties which are garbage. We keep getting scammed. All of a sudden, there is bond money. The complete design is a disaster.”
Stanley Sierakowski came up to speak about R-332-8/19 – Setting forth an interpretive statement for inclusion on the November 5, 2019 General Election Ballot regarding the holding of a runoff election.
He asked, “What is the deadline to pass the resolution?”
Law Director Peter King responded, “The resolution would be to send it to the County Clerk to put on the ballot.”
Council President William Petrick spoke up and stated, “This is to let the County Clerk know that we agreed with the language of the resolution.”
Sierakowski then wanted more details regarding R-324-8/19 – The litigation of the Mayor vs. Council. Petrick responded, “The Mayor wanted to increase the taxes and we disagreed. The taxpayers will bear the cost (of the lawsuit).”
Resident Alan Silber came up in reference to R-357-8/19 – Extension of a contract with B&W Construction company of New Jersey for emergency repairs to the collection system in the amount of $275,178.18 to pay for the emergency repairs on the brick sewer main on Gordon Street and to line the brick sewer main from a manhole on Water Street to a manhole on Front Street for a total contract amount of $825,178.18.
Silber asked, “Didn’t they already have a contract with the City for emergency work?”
Carr explained, “The second repair work will exceed the contract amount and we did not have to go out for bid.”
Silber disputed the no-bid. “This is a lot of money not to go out for bid.” He asked the Council to consider that before they vote on this resolution.
Businesswoman Sharon Hubberman came up and also questioned R-357. She told the Council, “In 2012, there was a consent order involving the sewer infrastructure. That consent order said there will be a completion date of 2016. The Council should refer back to that resolution. When it comes to the infrastructure, all of those contracts should go out for bids. On that consent order, it was for all the streets and sewers.” She then referenced R-324. “The Council and Mayor can’t see eye-to-eye. The Council is a legislative body. The lawsuit will enrich certain departments. We are a litigious city rather than working things out. Our problems are with the water, sewers, and police. There is $200 million underfunded in our pension plan.”
There was a discussion involving Ordinance No. 5 – Garbage, Rubbish, Refuse. Former Councilwoman Lisa Nanton wanted more details.
Council President Petrick responded, “This is changes so that commercial business owners will have to get their own private haulers, or they can pay the City the cost for pickups.”
When it came time to vote on the resolutions, Councilwoman Milady Tejeda asked to pull R-357 (extending contract with B&W construction regarding repairs on Front & Gordon Streets) out to be voted on separately. She asked, “What are the consequences if we hold off on this?”
Carr answered, “The contract that B&W had with the City exceeded the emergency funds.”
Law Director King spoke up, “We’ve had prior work done by B&W.”
Carr spoke up again, “The $210,000 was for emergency cost for the Gordon Street sinkhole. The lining that was mentioned in the resolution was to prevent another emergency. Luis Perez Jimenez agreed with me. This is a specialized repair that B&W has expertise in.”
When it came to vote on the resolutions, R-325 thru R-356 and R-358 thru R-367 was moved by Councilman Fernando Irizarry and seconded by Councilwoman Milady Tejeda. For Resolution R-357, it was moved by Councilman Irizarry and seconded by Councilwoman Tejeda.
During the public portion, Vince Mackiel came up to speak. “I remember when the Planning Board approved the Greek Orthodox plans for their property on Wisteria Street. I am concerned about the movements of large trucks will be a danger to the roads. The vehicles are exiting through High Street. There is waterflow under the roadway. Make sure people are protected, especially those using the waterfront.”
Resident Sharon Hubberman came up next referencing Communication No. 12 – regarding Frederick C. Carr, Business Administrator submitted a copy of the notice involving Perth Amboy’s drinking water. “We did not get a copy of this letter.”
Carr explained “The letter will be going out this week.”
Hubberman continued speaking, “We have impending sewer issues. What funds have been applied to the debt? I had an OPRA Request, but I had to put the dates and the contract numbers that I wanted on the request. Don’t politicize our water concerns. Our Business Administrator went to a paper to politicize our water problems. I don’t think it’s appropriate or appreciated. I submitted applications to be put on the Zoning, Tenants, and Planning Boards.”
Council President Bill Petrick responded to Hubberman’s question about status of her applications for these boards. “Once a vacancy is filled, old applications are not kept. (So, you have to reapply).”
Maria Vera from 81 Madison Avenue came up to complain about the Dominican Festival and questioned, “Where do they get the money to pay for 25 artists to perform? How does this benefit the City? It’s not a festival – it’s a concert! It took them until 1 a.m. to clean up, and the police left the area at 11:30 p.m. People who attended came with backpacks, coolers, (folding) chairs. We (neighborhood residents) couldn’t find parking. They can’t make it small – then don’t do it.”
After Vera spoke, the President of the United Dominicans of Perth Amboy and one of the Organizers of the Dominican Festival, Fermin DeJesus came up to speak, “I’ve helped run the festival for 14 years. I also work at Comcast. I’ve asked people to give us feedback on the festival. Only 2% of people I’ve talked to complained. We have big companies and clubs as sponsors (that donate money). People come and see how beautiful the waterfront is. We pay Public Works as well as the police for security. We are more than willing to listen to everyone’s concerns. We take these concerns to our meetings. Some of those concerns that people have complained about have dealt with loud music and a lot of traffic.”
Councilman Irizarry spoke up and asked, “Do you have someone to measure the sound?”
DeJesus answered, “I will have to talk to the stage guy about this. It’s hard to know about everything going on.”
Resident Stanley Sierakowski came up, “I heard there’s a rumor going around that there’s a lack of parking in the new Seamen Street School. The City has land they can sell to the Board of Education that is close to the building for parking. It’s a safety concern to have a school there.”
Law Director King responded, “It would have to be a 2:1 land swap. It’s a Greenacres property, and the State is a 3rd party.”
Business Administrator Carr spoke up and stated, “The property is contaminated, which would be good reason to cap it.”
A resident from Andrews Drive in Perth Amboy came up to speak about the Heat Bar on Convery Boulevard. She stated, “There are a lot of problems with people urinating outside the building, loud noises, fights, and people crossing Convery Boulevard where it’s not safe. The bar has no windows at all.”
A resident from Smith Street then came up to speak also questioned, “Why can’t the Dominican Festival be moved to Rudyk Park?” She also stated, “I attended the Puerto Rican Festival at Rudyk Park and we were frisked. When I attended the Dominican Festival, no one was frisked.”
Resident and former Councilwoman Lisa Nanton came up to speak. She questioned why the Local Finance Board was moved to 9/11/19. She stated, “When I was on the Council, I had emails, letters, and voicemails concerning dissolving PARA. I was getting information up until just before I left the Council. I have photos taken at a political fundraiser with one of the members who is on the Local Finance Board.” Nanton also wondered, “How come bottled water is sent to City Hall (if our water is safe to drink)?”
A Council Member remarked, “The water fountain on this floor here is filtered water. The water on the main floor of City Hall is bottled water.”
Mayor Diaz came up to speak and was happy to report that Home Depot will be taking over two warehouses at the old Gerdau Ameristeel site. These projects are through the PARA Agencies. Our unemployment rate has dropped. I want to thank Business Administrator Frederick Carr for sending out the letters about our water. I respect everyone’s opinion. We are complying with all of the DEP requests.” She then addressed the resident who stated they were frisked at the Puerto Rican Festival. “Because of the Outerbridge Crossing, which is part of Homeland Security, extra precautions have to be taken. This is for safety purposes, especially because of what recently happened in Ohio and Texas.”
During the Council comments, Councilman Irizarry asked to get the police reports on all festivals. “The police should be working with the Public Information Officer on these reports.” Irizarry continued, “We have focused too much on foreign threats. We need to focus more on domestic terrorist groups. We need to carry out mass shooting drills. I want to congratulate the Dominican Community on their festival.”
Councilwoman Milady Tejeda (who is a Dominican Festival Committee Member) made her comments, “We tried to accommodate those who had trouble with the festival in the past. This is a City of different communities and we try to tolerate and communicate with others. I have lived here longer than I did in my country. I also want to congratulate the Board of Education and Schools for being recognized by the State. We are seeing the fruits of what was done by those that were in the Board of Education prior.”
Irizarry then spoke again, “I meant to ask about the mobile bathrooms on the waterfront.”
Carr said, “They still are located in their original locations. Before we can take any further action, we have to get the money from the State.”
Council President Bill Petrick stated, “We are here to hear you voice your opinions.” He thanked everyone for coming out.
Councilmen Joel Pabon and Helmin Caba were both absent from both meetings (excused).
