Special Council Meeting 9/12/19

By: Carolyn Maxwell

PERTH AMBOY – The Special Council Meeting of 9/12/19 was highly anticipated because it involved the public hearing of R-408-9/19 – Public Hearing and Adoption of the 2019 Perth Amboy Business Improvement Budget.

The first one to come up to speak are Stanley Sierakowski who questioned the façade and arch programs. He suggested if the BID has surplus money, they should extend the façade program to businesses in other parts of town. He also spoke about videos that have the Mayor promoting the City. “It looks very pollical. If you do a commercial, you should also include the Council.” He also questioned, “What is being used for the $200,000 budget to the Arts Program?” He also suggested that Amboy Avenue especially need to be included in the façade program. He suggested the Council need to have all the BID’s minutes and they should be approved before the Council votes on this resolution. “You need oversight on the BID budget and minutes.”

Businessman J.B. Vas came up nest. He questioned the delay in the BID presenting their budget. “As a businessowner, we need more time to review their budget. The façade grants are small. Marketing helps, but physical improvements are needed.” Vas was also concerned about all the bricks coming up on the sidewalks. “We need more garbage cans and lighting in the business district. Many businesses didn’t know about the façade program. When businessowners were approved for making improvements, they are only reimbursed 50% of their cost. There’s surplus money rolling over. I’m also updating my windows. Let businessowners know that these programs exist. They have a $480,000 revenue and a $200,000 budget. They are spending double of what they collect. They’re having a marketing campaign a year before the election. Look at their summer and winter programs. Most programs on located downtown. Is there a dedicated vac person (to operate the machine to clean up the trash downtown)? We (businesses in the BID district) are paying additional taxes.”

Resident John Katz mentioned, “I have been here before to discuss all the pavers that are coming up from the sidewalk. “They’re getting worse and worse. I should not have to show you where they are coming up. The first elderly person who falls there will be a lawsuit. Who is going to fix them? The City? Or will the work be outsourced?

Council President William Petrick responded, “It’s the administration who decides.”

John Katz asked again, “Who is going to fix them?”

Law Director King spoke up, “It’s the owners that have to clean up their sidewalks.”

John Katz said, “The City built the sidewalks.”

Resident Alan Silber came up next and questioned the legality of having this meeting. “Especially if the money is already spent. Were there laws broken? There are appropriations and spending of government funds. The Mayor sits on the Board. Legislatures is necessary for government to spend money. They only have had one Chairperson for 25 years. A Vice-President of a bank is also a long-term member. Where is the oversight? Who signs the checks? Do they have regular meetings? When was the budget supposed to be in?”

Petrick responded, “The BID budget was supposed to be presented in December (2018) or January (2019).”

King spoke up and said, “That was there past practice. I need to see their by-laws.”

Silber continued, “I assume you are going to table this resolution. Pabon said he that he was not going to vote. You (the Council) don’t know what was going on. You need to send the proper authorities to see if it was a misuse of public funds.”

Businesswoman Sharon Hubberman came up next to speak about the tax levy revenue. “I don’t see positive revenue that we are bringing in. If you don’t use the money, you lose the money not spent. There was money spent without the advise and consent of the Council.” She then talked about the $29,000 budget for the planters. “Compared to other towns, our planters are not beautiful. Why are the arts included in the budget? This should be more about marketing the town. $15,000 for the Art Program should be allocated to the Arts Council. We’re spending more than what’s coming in. It’s not beneficial. This is a bloated budget. Let Trenton look at it.”

BID Chair came up to answer some of the concerns. He spoke about the limits and the area of coverage in the BID district. “It includes the Armory and the Barge on Front Street and on Smith Street and some of the side streets off of Smith Street. It does not include Amboy Avenue. We (the BID) have suggested that Amboy Avenue, Hall Avenue, and State Street be included. Those businesses on those streets are not extra taxed. The BID is incorporated and authorized by State law. We can only use the vac machines in the BID district. The laws are that strict. We have one vac machine not dedicated to any particular street. BID funds can only be used exclusively in specific areas. We are restricted with businesses in the façade areas. Property owners must request façade monies from the BID. We can remove graffiti. We have money set aside for that. The most a business can request for improvements is $10,000 but we can only give them 50% of any requested money. They have to submit the bills and we have to improve the completed work. We don’t have a free and open checkbook.”

Councilwoman Milady Tejeda spoke up, “I know of business owners that don’t know of the façade programs. How do you market this?”

Rosengarten stated, “We have periodic business meetings that are presented in different businesses in the BID district and all representatives in all City departments. The Mayor volunteers her time to be present also at these meetings.”

Petrick spoke up, “We need a map of the BID district, your meeting dates, and the topics that were covered.”

Rosengarten responded, “We have the maps and they were sent to you on your phones.”

Councilman Joel Pabon spoke up next, “I’ve voiced my concerns. The people who are asking questions (regarding the BID budget) should go to the BID meetings.” He then asked, “I want to know if legally I can vote on things that were spent on already.”

Rosengarten responded, “Yes, we are presenting it (the budget) very late, but in the meantime, we had two different directors who left. Now we’re are interviewing for a new director.”

An auditor for the BID came up to speak and said, “Historically the BID budget was handed in January (of the budget year).”

Law Director King then spoke up, “The BID money is subject to certified funds. They collect the money and you (the Council) are voting on the allocated budget.”

Petrick spoke up and said, “The funds are not anticipated, but the money is already spent.”

King then stated, “You don’t make decisions on money spent. This is money that the BID feels they need for their budget.”

Pabon spoke up again, “I still don’t feel comfortable voting for this, and the 2020 budget is due in two months.”

Petrick then stated, “We are certifying this budget.”

King then told the Council, “You (the Council) is making sure the BID is spending the money correctly.” 

Rosengarten then reassured the Council, “We always have money in the BID account. There are two signatories: myself and the treasurer. The Council can expand the BID area. The UEZ (Urban Enterprise Zone) has a larger area of businesses than the BID.”

Petrick then said, “The BID has the City tax rate plus a special BID tax rate.”

Rosengarten responded, “Yes, but the BID tax rate has not changed in 12 years. We have a clean team that purchased 2 vac machines. Public Works pays for the mechanical modifications and for the employees who operate those machines. The BID contributes $35,000 to Public Works. Now Public Works only have one employee for cleaning the streets with the one mad-vac machine.” Rosengarten then talked about the loose bricks. “They tend to come loose depending on the weather conditions. We have also seen the gum accumulated on the sidewalks. In the past, we have used the gumbuster. The city has to maintain the bricks, but the businessowners have to clean up the garbage at their businesses. There’s a program in the schools (and for the general public) about the proper disposal of garbage. We have a person who covers it on social media.”

Lissette Lebron came up speak. She is the Community Member for BID. She spoke about some of the social media presented. “It costs about $50. Sometimes it includes posting events that takes about 4 weeks prior to the event date. We put it on analytics to reach out to people who show prior interest specific events. We have also advertised on WCTC to promote our small businesses. The City is well-known for our beauty and food. It was free advertising paid for by the BID for the businesses. On the southeast corner of Smith Street (and Convery Boulevard) billboards are used to advertise various City Programs. We needed to have a digital billboard. The owners of the Celotex property gave us permission to use their land for a billboard.”

Rosengarten talked again, “We are waiting for the DOT (Department of Transportation) for approval for a 20’x20’ digital sign on the opposite side of the street.”

Lebron proceeded and talked about the Arts and Flow Program, “There are 5 projects which included street performances that took place in the BID district. That started June 14th and concluded August 23rd. It was a collaboration between the BID and PARTNER which included performances by musicians and artists that were held by 6 p.m. and 8 p.m. They utilize open spaces, commercial property, and vacant or active stores. Some of the shows are popups and some will be forthcoming.”

Law Director King spoke up next, “I told the Council that you were making sure that the BID is keeping up within their charter and goals that you want. They are in charge of spending money and that they take in the money. You (the Council) are saying that you approve of the BID’s spending expenditures.”

Rosengarten spoke up again, “One business wanted to put his lighting to some of the BID’s lighting to prove that their lighting was better than ours. We (the BID) are not allowed to do this.”

Petrick asked, “So, we can change, add, or cut the BID budget?”

King responded, “You can make suggestions.”

Petrick then asked, “Can the City Council adjust the fixed tax rate?”

King responded, “You can dissolve the BID, but you need 3 votes to pass this resolution.”

Rosengarten spoke up and told the Council and the public, “You can attend all the BID meetings which includes their regular meetings and the special meetings.”

When it came time to vote, Pabon moved the resolution and it was seconded by Councilwoman Milady Tejeda. Council President Bill Petrick, Councilman Joel Pabon, Councilwoman Milady Tejeda all voted, “Yes.” Councilman Fernando Irizarry and Councilman Helmin Caba were absent with an excuse. R-408 passed.

Councilwoman Tejeda spoke up, “I’m glad to see Lissette Lebron as a Community Member of the BID. I would love to see businessowners invited earlier to the meeting.”

Councilman Joel Pabon then added, “The businessowners should be going to the BID Meetings. We had meetings prior to this, and no one showed up. We need to work on the downtown area.”

During the last public portion, Resident Stanley Sierakowski came up to speak again, “The BID needs to expand their area to include State Street and Amboy Avenue, especially if they have surplus monies so we can look more like Metuchen and Westfield.” Sierakowski then suggested the BID incorporate the Garden Club and give them $15,000 to maintain the planters.

Rosengarten said he already spoke to Ms. Nanton.

Businessman Reinaldo Aviles came up. He stated he has a business at 159 New Brunswick Ave. “Since I’ve been there, the BID has never visited me. We didn’t get a letter about any of the meetings. The owner of the building gets the letter, but not a business who rents the building. Find out who is the owner of the building. You (the Council) need to regulate how late-starters come to you. It’s up to you to see who has not presented your budgets. Put it in an ordinance. I was never invited to a meeting (by the BID).”

Councilman Joel Pabon addressed this issue, “The speaker is right. It is us. I wanted a legal opinion to make sure it’s ok to vote (on R-408).”

Resident Alan Silber came up, “I was not talking about the legality of the vote. There was an hour-long filibuster today. The check is signed by a long-term BID member. It’s the Business Admonitor’s fault for you not getting the BID budget. You (the Council) can’t have a staff, but the Mayor can have a big staff. The court was shut down today. People should walk Smith Street to High Street starting from the Speedway Gas Station (Grace Street) and see how you feel. What improvements have been made in 10 years? Now we have Car and Jeep shows. It’s all about events. It’s a disgrace. Look at the storefronts of the BID district. Where is the improvements? If you approve the resolution, why would they change it? They’ve hired people who never did a budget. You should read the statute again.”