5/13/20 Caucus & Council Meetings via Teleconference

By: Carolyn Maxwell

PERTH AMBOY – Councilman Joel Pabon was the first person to speak at the caucus meeting. He asked the council to table Ordinance No. 1 – First Reading – No Public Discussion – To amend an ordinance fixing and establishing a schedule of salaries and salary ranges and increments for officers and employees for the City of Perth Amboy RE: Non-union and Management.

Pabon wasn’t comfortable. “There were many administrative changes (titles and raises). 

A motion to table was moved by Councilman Helmin Caba and seconded by Councilman Irizarry.

Councilman Fernando Irizarry then spoke up to than the administration and Business Administrator Frederick Carr for providing the personnel report for the month of April 2020. “I would like to know if the names can be done alphabetically by department.”

Carr stated it would be hard to do, and the salary ranges were advertised. “Positions and salary ranges were provided but not the names associated with the positions.”

Joel Pabon then spoke about Ordinance No. 2 entitled, “Wreckers”. “I want to thank all involved in putting this together, especially Deputy Police Chief Cattano. This is the best contract that the wreckers had in a long time. I just hope it sticks.”

Law Director Peter King called in to answer Councilman Fernando Irizarry’s questions regarding Ordinance No. 3 entitled “Disasters and Emergencies RE: Authority of Emergency Management Coordinator. 

Irizarry thought that the mayor was being given a lot of authority. 

King said, “This was passed prior to the last ordinance change. Some OEM members were not properly trained. The Governor declares the emergencies. OEM Director Larry Cattano along with the Mayor’s Office will issue the emergency directives from the Governor.”

Councilman Irizarry then questioned an item regarding R-158-5/20 – Authorizing emergency temporary appropriations to extend the CY: 2020 temporary budget in the amount of $770,699.50. “What is the Office of Public Information? And who has that title?”

B.A. Carr responded, “It’s the two people behind the camera taping the meeting: George Bonilla and JohnLuke (Chaparro). If you look at the printout, there is a salary and line title (other expenses). There is also a line item that says: “Operation Expenses”. Above that, you will see all the information related to public information title.”

Irizarry then asked about the line item under grants corresponding to the municipal complex.

Carr explained, “These are litigation funds and there was a grant for it – (for the spill on the property near the municipal complex). An investigation and cleanup are continuing. This was added into our budget. The grant was on the April 22, 2020 Agenda. There was another grant for the police department which will be used for juvenile counseling.”

Irizarry questioned R-160-5/20 – The refund of a FIS Chargeback to FIS, Accounting Department on water/sewer account 213-6 in the amount of $578.46.

B.A. Carr explained that FIS is the name of the company we had to refund money back to (that we will eventually recover).

Council President William Petrick had a question regarding R-162-5/20 – Agreement between the City of Perth Amboy and the Perth Amboy Board of Education for the State of New Jersey 2020 Summer Food Service Program (breakfast and lunch) in an amount not to exceed $607,386.83. 

He stated, “This seems much higher than last year.”

Carr explained, “It’s for 43 days of breakfasts and 44 days of lunches.”

Irizarry then questioned, “We never teamed up with the Board of Education before with this program.”

Petrick spoke up and said, “We did at other times.”

Human Resources Director Ken Ortiz spoke up on the teleconference, “There are also waivers for emergency meals. So far, we’ve had no guidance from the state. We used the Board of Education last year, and we will get reimbursements. We are giving out more food per day. We don’t know what’s going to happen if school doesn’t start on time. Today (5/13/20) we gave out 660 meals at Olive Street. We distribute and prepare. We can give out anywhere from 3,000-6,000 meals a week (throughout the various locations in the city). This is funded through the Board of Education. We can expand the days and the meals.”

Irizarry asked, “Were the workers wearing the proper PPE equipment?”

Carr answered, “Yes.”

Irizarry then questioned R-163-5/20 – Purchasing a Channel Monster (Grinder) to replace the existing broken grinder at the Front Street Pump Station in an amount not to exceed $41,374.02. He inquired if they could redesign the pit of the grinders (so that parts could be bought from more than one vendor).

Petrick responded, “When you buy a particular type of pump, you can’t interchange parts.”

Luis Perez Jimenez, Director of Operations at the USA-PA (Utility Service Associates (Perth Amboy) Middlesex Water Company) spoke on the teleconference to clarify this resolution. “We can’t redesign the channel for another grinder over and over again. It would be too costly.”

Council President Petrick then questioned R-164-5/20 – Authorizing a contract with Atlantic Tomorrows Office for the purchase of 4 copiers to go into the police department in total of $32,218.

Petrick commented, “This is replacing a lot of copiers at one time.”

Carr responded, “The replacement parts are no longer available for the old copiers. This is for 4 different offices in the police department. These are different models than what is there now.”

Irizarry then questioned the different departments the copiers will be used in (Office of Special Services, Director’s Office, 911 Communications, Wrecker Department).

Deputy Police Chief Cattano responded, “The Special Services are: Traffic and Community services.”

Petrick then had a question regarding R-167-5/20 – An agreement with Sayrebrook Veterinarian Hospital for Veterinary Services for 2020 in an amount not to exceed $31,850. 

“When will the next clinic be?” Petrick asked

City Clerk Victoria Kupsch answered, “September 13^th.”

Irizarry asked about R-168-5/20 – Authorizing an agreement with Animal Hospital of Perth Amboy for Veterinary Services for 2020 in an amount not to exceed $11,196.

Irizarry asked why there were two different veterinarians.

City Clerk Kupsch answered, “He (Perth Amboy) is cross trained.”

Petrick remarked, “Sometimes one veterinarian has better prices on the same items or services.”

Councilman Joel Pabon questioned R-169-5/20 – Agreement between the NJDOT and the City of Perth Amboy for acceptance of a grant in the amount of $1,000,000 for the replacement of the Fayette Street Bridge over the NJ Transit North Jersey Coast Line Railroad. “Where exactly are we at regarding this?”

Carr responded, “This is money that we received in January 2019. It’s showing that we accepted the money and it’s not additional money. We will have to apply for more money.”

Councilman Irizarry then asked about the Rte. 35 Bridge Project. “There has been no movement in 2 years.”

Carr responded, “We’ve had no additional updates (from the NJDOT). I can ask City Engineer Jeffrey Rauch (if  he as any more information regarding this).”

Irizarry had a question regarding R-170-5/20 – Qualifying public defenders who submitted responses to request the qualifications for CY: 2020.”

He asked, “Are they bilingual?”

Petrick answered, “The courts have a translator.”

Carr added, “This resolution only shows if they are qualified (for what was on the requisition).”

Petrick asked about R-171-5/20 – Authorizing a contract with Hanan A. Boulas, Esq. to represent the City of Perth Amboy as a public defender for the period beginning May 18, 2020 and ending May 17, 2021 in the amount not to exceed $23,500.

Petrick asked, “Is this temporary? Because there was another attorney who withdrew their name because there was a conflict of interest.”

Petrick wanted to know regarding R-172-5/20 – A payment to Peter J. King, Esq. and the law firm of King Moench Hirniak and Mehta, LLP for legal services rendered in 2019 beyond the regular duties of the Director of Law in an amount not to exceed $24,480.35.

Petrick asked, “How much is this per hour?” He asked Carr to get a breakdown of what a fulltime Law Director’s duties are.

Joel Pabon then questioned R-173-5/20 – Amending R-452-10/19 – A contract with PRAHD – Tenant Based Rental Assistance Program in the amount of $65,000. A Home Investment Partnership Program from the U.S. Department of Housing and Urban Development to include an additional $198,901 totaling $263,901 in response to the COVID-19 Pandemic.

Pabon asked, “Is there anybody from PRAHD on the conference line? I want to know what they are getting. We have held people accountable who requested less money than this.”

Assistant Housing Manager Tahsi Vazquez spoke up, “This resolution is to modify the Rental Assistance Program. $2,500 can be given to Perth Amboy residents only. It is to pay back rent or money for displaced residents. We have been audited by HUD in past years. Funds are reallocated for housing for city residents only and funds can only be expended in the city. Those receiving the money have to qualify for certain requirements set by HUD.”

The meeting was then open to the public for comments. The only person to speak was Resident and Businessman Jeremy Baratta who questioned the 4 copiers being purchased by the police department (R-164). “Is this purchase necessary? Especially having a copier machine for the Director of Police which is Wilda. People can’t share copier machines? And why are we paying for the Veterinarian bills now? (R-167 & R-168). Is it necessary to purchase a grinder right now? (R-163) Regarding the Rental Assistance Program – What are the qualifications? And why is a representative from PRAHD not here to answer questions? (R-173) Will some of this money go to paying for counselors’ salaries, etc.? I’m looking at the Public Defender qualifications. (R-171) Did you (the council) look at their qualifications? Check out her (the public defender’s) website. It says she’s a realtor. This is ridiculous.” Baratta then spoke about R-172. This is outside of his scope of practice (Law Director Peter King). These bills are outrageous if they had to hire an outside counselor.”

Law Director King responded, “The tax collector was sued. There were also employment matters involved. Elaine Flynn, the County Clerk was sued because of a technical issue regarding the paper ballots. The decision is up for appeal.”

Council President Bill Petrick asked, “Is the city paying for the appeal?”

King continued, “The question (regarding the election rule of 50%+1 votes (requirement to  win a seat)) was never put on the absentee ballot. I don’t think the appellate division will throw the appeal out. Everything on all the ballots has to be the same information in English and Spanish. The absentee ballots and mail-in ballots were a mess.”

Irizarry then spoke up, “There was no reference at all given to us regarding the lawsuit the Mayor filed about the vote-by-mail ballots or the lawsuit involving employee Eddie Perez  (City of Perth Amboy vs. Elaine Flynn and Perez vs. The City of Perth Amboy and employee and disciplinary matters).”

Petrick addressed Peter King, “This should be part of your normal duties (lawsuits above).”

King responded, “We have outside lawyers who handle employment issues. There are some lawsuits I can’t handle, and others would be a conflict of interest. I took on some of the less costly lawsuits. There is also a grand jury subpoena involving professional services with some contractors.”

Next was a question involving the Citizen’s Campaign who came to talk to the council regarding tracking COVID-19 cases. Harry Pozycki (Founder of the Citizen’s Campaign) requested  this be placed on the agenda.

Council President Petrick asked, “Does this resolution have to come from the council? BID Chair Barry Rosengarten, OEM Director Larry Cattano, Housing Director Doug Dzema, and the RBMC CEO Thomas Shanahan are supposed to be working with Pozycki and the Citizen’s campaign on this project.”

Councilman Helmin Caba spoke up, “I’m in favor of putting this on the agenda for the next council meeting.”

City Clerk Victoria Kupsch stated, “It could be done.”

Councilman Joel Pabon said, “I thought it would be a late-starter for this council meeting today based on an email I received earlier today.”

Caba made a motion to add this as a late-starter resolution for tonight’s council meeting. It was seconded by Councilman Joel Pabon.

The caucus ended at 5:47 p.m.

The regular council meeting started at 6:00 p.m.

Ordinance No.1 – Amending an ordinance entitled Designating Restricted Parking Spaces for use by handicapped persons re: renewal documentations was opened up for the public to comment on.

Resident and Business Owner Jeremy Baratta questioned what was changed.

Council President William Petrick replied, “Applicants will longer be required to provide some documents that were requested in the past.”

Later in the meeting, Baratta questioned some items on the bill list. “Some of the legal bills are strangely detailed, for instance, Larry Cattano’s lawsuit has a very brief explanation and the mayor’s lawsuit (Question on ballot requiring 50% +1) has no legal standing. It was the council’s resolution. The council votes on every settlement. They never voted on this lawsuit. Did they ever get the paperwork? A full-time attorney should not take on work that is out of their scope.”

After Baratta spoke, Law Director Peter King clarified some items listed by the Community Emergency Response Team (CERT) which presented by the Citizen’s Campaign. King cautioned that this resolution regarding the Community Emergency Response Team are out of the council’s scope.

Councilman Joel Pabon said, “I think OEM Director Cattano looked at their plan, but it can’t supersede what the state says.” King continued, “We are guided by the state as events unfold. Resolutions are just the intent of the governing body.”

OEM Director and Deputy Police Chief Larry Cattano joined the discussion, “The contact tracing comes from the governor. I don’t know if the plan (CERT) is the same as the new executive state order. The state, county, and health department are all involved. There are training updates and the plans that Pozycki’s group made at a previous meeting may need tweaking.”

Councilman Fernando Irizarry said, “The Law Director needs to review the resolution presented by the Citizen’s Campaign group regarding the CERT and this needs to be tabled.”

Petrick asked Irizarry, “Do you want it reviewed by the OEM and the Law Director?”

Irizarry answered, “Yes. Let’s table this.”

Councilman Pabon asked Mr. King, “Did you get a chance to look over it (CERT resolution)?”

King responded, “I need to look over it with OEM.”

Pabon then said, “I’ll second the motion to table it.”

Petrick said, “We can do a letter of support.”

When it came to vote, all voted “yes” except for Helmin Caba who voted “no”. Councilwoman Milady Tejeda was not present. Motion passes.

Council President made a final comment regarding this issue, “We can’t have a conflict with the state’s order.”

Vote on agenda items: Ordinance No. 1 – Moved by Joel Pabon; seconded by Helmin Caba. Ordinance No. 1 First Reading – Salary and Salary Ranges for Nonunion and Management Employees was tabled. Ordinance No. 2 – “Wreckers” was moved by Fernando Irizarry; seconded by Helmin Caba. Ordinance No. 3 – Disasters and Emergencies regarding authority of Emergency Management Coordinator was moved by Irizarry; seconded by Pabon. For the consent agenda, resolutions R-158 thru R-171 and R-173 was moved by Irizarry and seconded by Pabon. Councilman Helmin Caba asked that R-172 (Payment to Peter J. King, Esq. and his Partners) be pulled to be voted on separately.

R-172 was moved by Irizarry and seconded by Pabon. Caba then went on to explain why he wanted this resolution pulled. “One reason is the handling of the County Clerk Elaine Flynn lawsuit. Are there any more lawsuits connected with this? If the court ruled against the mayor, will the mayor have to reimburse funds to the city? The lawsuit was filed prior to the election results.”

Law Director Peter King responded, “The ballots violated the law and there is an order to show cause. People were marking ballots with the question not on it.”

Caba then asked, “How many people complained?”

King stated, “I don’t know. Maybe people called the mayor. Copies of all the ballots were looked at.”

Caba was concerned, “This will encourage more lawsuits. When is enough enough? We can’t separate all the expenses (connected to this).”

Council President Petrick suggested, “We as a council can vote “no” and have a separation of the lawsuits.”

King then stated, “We can take out the money connected to this lawsuit or table this resolution to just do this bill alone. You have to vote “no” on this resolution.” 

Resolution R-172 – Councilman Caba, Council President Petrick voted, “No”. Councilman Pabon and Councilman Irizarry voted “Yes”. R-172 does not pass. 

Last Public Portion:

Jeremy Baratta spoke again, “R-172 went the right way. I recommend maximum public participation. The District Attorney got this case because he could do it at a discount to the city. Money doesn’t get spent without the council’s vote. There should be a limit to what is spent for attorney’s fees.”

No one else spoke. The Public Portion was closed. 

Council Comments:

Councilman Helmin Caba stated, “My condolences and prayers to all who put their lives at risk.”

Councilman Fernando Irizarry had no comments.

Councilman Joel Pabon said, “We need to take a look at the contract (Ordinance No. 1) we tabled.”

Council President Petrick said, “I agree with Pabon regarding this Ordinance. I sent an email to all about the budget.” He ended his comments by saying, “Stay safe. Stay healthy. Wash your hands and practice social distancing.”

The meeting ended at 6:49 p.m. Councilwoman Milady Tejeda was not present at either meeting.