8/12/20 Council Meeting
By: Carolyn Maxwell
PERTH AMBOY – Before the beginning of the regular portion of the August 12, 2020 Council Meeting, Businessman Jeremy Baratta spoke for 10 minutes regarding city taxpayer liability for Business Improvement District Legal Fee. Barata said, “The BID is supposed to be set up to have special taxes paid by the business owners to support them. I’ve OPRA’d for BID business activities. The records have not been turned over yet. I have a lawsuit against the BID Executive Director. The Executive Director is a city employee. I’m personally suing her, and the city has to defend her. The taxpayers will have to pay the legal bills. Wilda moves employees around and their money. Documents (I requested from the Executive Director) were not presented until she received the lawsuit. There’s always the same roster of people on the BID. Their insurance lapsed and they had no coverage. Now, the city is on the hook for the city’s legal fees. I’m tired of Wilda picking my pockets. And where is the BID budget? The Executive Director is being sued for not turning over documents.”
Baratta then mentioned other lawsuits that the city is still dealing with. One is a lawsuit filed by resident Susan Batista. The city’s legal bills are up to $300,000 and she only asked for a $30,000 settlement. You (the council) have no insight into the BID’s budget. I’m going to draft an ordinance to eliminate the BID. The BID gave out $10,000 in checks to another BID member and the YMCA.”
Councilman Fernando Irizarry spoke up and told Baratta, “We received the BID 2020 budget.”
Baratta continued, “I didn’t get any of the requested BID paperwork until after Noelia (Exec. Dir.), Wilda, and Barry (BID Chair Rosengarten) got summonses. We are still in court fighting over other documents. Now, I see what they are hiding.”
Council President Bill Petrick directed a question to Law Director Peter King asking him if he is defending the BID.
King answered, “The BID employee (Executive Director and who is a city employee) – we have to defend them. The BID has an attorney who is putting the documents together.”
Petrick added, “I remember when the BID had a former Executive Director, the BID would provide money to pay for her benefits.”
Baratta finished his presentation, “The BID insurance expired in 2017 and they didn’t renew it until after the lawsuits came in.”
The meeting was opened for the public to speak on ordinances on the agenda.
The first person to speak was Former Councilman Fernando Gonzalez who spoke about Ordinance No. 1 – RE: Loading Zone on New Brunswick Avenue. “We are adding too many liquor stores and this is the last thing we need in this town.”
City Clerk Victoria Kupsch stated, “This establishment can be zoned for a bar, liquor store, or combination liquor store and bar.”
Jeremy Baratta came up to speak next, “This will eliminate all parking in this area. This is an uncontrolled intersection in a well-traveled area. This business should arrange to get their delivery once a week at night.”
Former Councilman Ken Balut spoke next, “The problem with loading zones is they should not be for all day.” Balut cited that many people just paint yellow lines on the curbs.
Resident Stanley Sierakowski came up next, “I’ve heard medical personnel say that liquor stores are like pharmacies. You have to keep them open to make the drunks happy.”
Resident Eddie Tejada claimed, “In this block (where the liquor store will be located) there’s already a tire shop and an auto shop already located there. They will be taking up to ¾ of a city block 24/7. If you pass this ordinance, it will kill businesses.”
The next Ordinance that came up for discussion was Ordinance No. 2 – Division of Engineering.
Jeremy Baratta spoke first, “Is it an individual or corporation that is required to have all 4 credentials required by the council?”
Council President William Petrick answered, “The City Engineer, which is an individual person must hold those credentials.”
Ordinance No. 1 was moved by Irizarry, seconded by Caba. When it came to vote, all council members voted “No”. Ordinance No. 2 was moved by Irizarry and seconded by Pabon. They all voted “Yes”. Ordinance No. 3 – Designating restricted parking spaces for use by handicapped persons was moved by Irizarry and seconded by Pabon. All council members voted “Yes”.
Ordinance No. 1 (no public discussion) – Restricted parking spaces to be used by handicapped persons regarding additions was moved by Irizarry and seconded by Caba. (All voted “Yes”).
Ordinance No. 2 (no public discussion) – An Ordinance entitled: “Administration of Government” RE: Interim Appointments was moved by Irizarry and seconded by Pabon. (Irizarry & Pabon voted “No”. Tejeda, Caba, Petrick voted “Yes”.)
Public Comments on Agenda Items Only:
Stanley Sierakowski came up to question R-303-8/20 – Rejecting the illegal dismissal of Frederick Carr as Business Administrator and R-310-8/20 – Authorizing that the Business Administrator be paid in keeping with the requirements of N.J.S.A. 40A:9-137 & N.J.S.A. 40A:9-138. “Is there anything wrong with the salary range for R-310?”
Petrick responded, “R-310 is referring to former B.A. Frederick Carr and for R-303 – the mayor did not notify the council of her intent, and she is required by state and city statute to do so. We can start a lawsuit, but we don’t want to waste taxpayer’s dollars.”
Sierakowski concluded, “You may have no other recourse.”
Ken Balut came up next. He questioned R-293. “Are they (police officers) getting paid overtime for this?” He also mentioned R-291-8/20 – A settlement in the matter of Maria Powell vs. The City of Perth Amboy in an amount not to exceed $20,000. “The new B.A. is getting $164,000.” Balut then questioned, “What happened to the Accreditation that the police department received, and you all fell for it. Did it save us any money? The police departments are doing birthdays and graduation celebrations. There was a $150,000 lawsuit involving an ex-police chief. You’re holding the top chiefs to a lower accountability than the lower ranking officers. There are certain select people that get training. There was a female officer who scored high on a test and was skipped over for promotion.” Balut also referred to the presentation given earlier in the evening by the Perth Amboy Civic Trust who talked about a public safety improvement policy. “You never had a guy come after you with a machete.”
Jeremy Baratta came up next and spoke about interim appointments. “Under this administration, appointments are misused. The council should have time to get to know a new appointee. Advise and consent is passed over. There’s a rapid turnover of directors. 60 days is more than enough time to see if you want to keep an interim appointment.”
Fernando Gonzalez came up and spoke about the BID. “You need to look at it (the BID). It’s no longer serving its purpose. Let them operate on their own. They have a complicated system on who they select. They are not doing anything for the businesses. The administration is using the BID money.”
Gonzalez then spoke about R-290-8/20 – A settlement of the matter of John Benyola vs. The City of Perth Amboy in an amount not to exceed $350,000. “The money payouts of some of the people involved – look a list of the police (involved in these incidents). Some should be on desk duty. Some of the actions on Facebook put out by some members of the police department are embarrassing.”
Former Councilwoman Lisa Nanton came up to speak about R-303. “You (the council) ran on holding the line on taxes. The Mayor’s behavior is erratic. We are paying two B.A.’s while there are people in line at foodbanks. This is immoral.”
Resident Vince Mackiel spoke next about Tropical Cheese who had a presentation at the Monday Caucus regarding their large water/sewer bill. Mackiel handed out material to the council with stats on the finances of Tropical Cheese. “They went threefold on their revenue, yet they stated they couldn’t afford their water/sewer bill. The received $2 million in the PPP (Paid Protection Program) Loan. They made $100 million. Refer them to the water utility to resolve this issue.”
When it came time to vote on the consent agenda, R-254 thru R-264, R-266 thru R-295, R-297 thru R-304, and R-306 thru R-310 was moved by Irizarry, seconded by Caba. (All council members voted “Yes”.)
R-265 (A refund of an inactive water/sewer account overpayment to David Caba in the amount of $219.72) was pulled to be voted on separately by Council President Petrick was moved by Pabon and seconded by Tejeda. (All voted “Yes” except for Helmin Caba who abstained (relative).)
R-296 – A contract with Henning Lumber Supply Company for materials and supplies on an as need basis for building and repairs in an amount not to exceed $30,000. R-296 was moved by Pabon and seconded by Irizarry. (All voted “Yes”.)
R-305 (Online tax sales by RealAuction.com) was asked to be tabled by Council President Petrick.
After the resolutions were voted on, Council President Petrick asked if any of the council had any questions on any of the communications.
Irizarry spoke first, “Is there any further information from the police department regarding Communication No. 10?” (A letter submitted to the council from resident Stephanie Williams for them to take action on the lack of police patrol)
Interim Business Administrator Patricia Perkins stated, “We need to discuss this in closed session.”
Petrick wasn’t happy with her response, “We have discussed this issue in public in the past.”
Irizarry then continued, “At least the person who wrote the letter identified herself.”
Petrick then stated further, “The police should be responding more vigorously. I don’t know what the issue is.”
Irizarry said, “Some people are living in fear.”
Petrick concluded the discussion, “We have to take care of the quality of life issues. This has bee going on for 3-4 years. This would not be going on in other communities.”
Public Portion:
Stanley Sierakowski came up first and questioned if the mayor comes to the meetings. “I also heard the mayor told the directors not to come to the meetings.”
Petrick responded, “Some of the directors were here on Monday at the caucus.”
Sierakowski continued, “All directors are required to be at Freeholder Meetings. All directors should attend at least one meeting here. 20 years ago, there would be dogs roaming the street, loud noises and screaming, but it would have been dealt with. There were fireworks going on for 3 weeks and nothing was done.” Sierakowski made a personal plea and begged the mayor to, “Please come here to the meetings and the directors should be here, too.”
Ken Balut came up next. He thanked Councilman Fernando Irizarry for sticking up for the cops. “Politicians hire cops. Zero things happened to a police officer who wrote a sexual harassment letter to a private citizen. Police do their jobs. A judge misfiled paperwork. I complained about Code Enforcement and they wrote up a complaint about my property and that was not even my property. A judge parked illegally at a bank parking lot. I have pictures if you need them. There is misconduct in the court system. We are going to hold police making $30,000 a year more accountable than the higher-ups. It’s incompetency of the Police Director. The Yacht Club violated the curfew and social distancing. You are in charge of judges and liquor licenses. Judges and prosecutors are guilty, too.”
Jeremy Baratta came up next. “I took pictures of a judge parked in a fire zone at an ATM at a bank in a handicapped spot. There is a misuse of executive sessions. This administration doesn’t enforce codes. It doesn’t surprise me that people call 40 times about illegal housing. The council has no oversight.”
Resident Eddie Tejada came up next. He pleaded that there is a need for a rent leveling board. He talked about a building where his mother lived, and the new owner of that building wanted the rent doubled. “The tenants went to court and got their judgement.” Tejada stated that unbeknownst to the tenants and their lawyers, the landlord went to higher court, won his case and the rents were doubled.
Petrick responded and said, “The mayor did not appoint anyone to the Rent Leveling Board.”
Law Director King said, “There were notices about vacancies, but no one applied.”
Some members that attended the meeting shouted out that they had applied but received no answer.
Petrick continued, “People can still fill out an application for any board. You don’t have to wait for a vacancy.”
Interim B.A. Patricia Perkins said, “It’s my intention to start a Rent Leveling Board, especially with the pandemic going on.”
Eddie Tejada became emotional due to the fact that his mother is up in age and lives in that building. “Perth Amboy agreed with the landlord. Somebody can just come to this city and look at us as a cash cow. Where are the tenant’s rights?”
Petrick responded, “Wilda is not for the tenants or property owners.”
Tejada continued, “The tenants were not notified when the landlord went to higher court, nor was their lawyers. My mother has to pay $700 more in rent.”
Fernando Gonzalez came up to speak next. He told the council that they didn’t know about suits filed against them. “People are placed on boards with no concerns for the citizens. The guy who bought this building overpaid for it. Improvements must be made for rent to be increased. Tell the Mayor to appoint a Rent Control Board.”
Attorney JB Vas came up to speak. “I represented a tenant who lives in that building. You have to make substantial improvements to do a rent increase. Having a Rent Control Board is necessary. The city agreed to a rent increase without the tenants being aware of a new judgement.”
Vince Mackiel came up next. He told the council, “You should do something regarding the loading zone on New Brunswick Avenue. Be proactive when the vaccines for Covid-19 become available. Make sure the residents get it for free.”
Former City Employee Dave Benyola came up next, “In my job, I handled tenant problems by myself for 9 years. If you need my assistance, you have my number to call me.”
Council Comments:
Helmin Caba wanted to thank the new Business Administrator Patricia Perkins for making a point to reestablish a Rent Leveling Board. “The police have been taking a beating this week, but it all starts with leadership. We have a young police force, and bad apples are everywhere. That’s why we need ongoing training, accountability, and transparency. Let them walk the beat everyday and everywhere. There are too many quality of life issues. There’s a huge gap between the police and the community. The PAL (Police Athletic League) was shut down by the administration. They are not in competition with other youth programs such as the YMCA or other Department of Recreation programs. They (the PAL) offer boxing and wrestling to attract at-risk kids. They are also mother and father figures to these kids. I am not for defunding the police.”
Fernando Irizarry stated, “It’s been awhile since we had an in-person meeting and I thank Steve Jobin and the YMCA for offering the use of their auditorium.” Irizarry then was concerned about the Covid-19 cases going up in Perth Amboy. “A lot of people are not doing their part. Please cooperate and enjoy a safe and healthy summer and have a happy Labor Day.”
Joel Pabon made comments regarding the presentation on the Public Safety Improvement Policy given by Harry Pozycki. Pabon praised the de-escalation part of the presentation. “Everyone gets trained and it has nothing to do with the position they are in. We are trying to put things in place so things don’t get out of control. It’s our job to see why things are not getting done.” He then asked for a status report on Second Street Park. He thanked all food providers, some of whom came from out-of-town and out-of-state.
“The caucus meeting on Monday was 4 hours and people were talking into the mic (during the public portion) without wearing a mask. Find a way that we can also utilize Zoom for all of our meetings. We should be having our meetings at the council chambers. I want to thank Msgr. John Gordon for his service to Perth Amboy. He is going on to serve on Carteret. I want to thank the DPW for the work they did in the cleanup after the recent storm.”
Milady Tejeda welcomed new B.A. Patricia Perkins. “When we talk about police training, we are talking about leadership. Training is important to make our police department better and for the citizens. We need answers to all our questions. Have a safe summer and I’m thinking about the schools when they reopen and about the kids, parents, and the teachers.”
Before Council President William Petrick made his comments, Interim B.A. Perkins wanted to give a status report on crime in Perth Amboy. She stated, “From May 1st thru August 11th there were 15,907 calls. 361 were arrests, 452 disputes, 6 incidents involving shots, 3 were unfounded, 2 arrests made, 1 police shooting, and 125 thefts, 1,454 loud music complaints, 457 complaints regarding fireworks. From the month of May 4,421 calls, June – 4,734; July 4,960. All across New Jersey, there were issues caused by the pandemic. All summer events were cancelled. 6-7 police cars are on duty. The police are doing their job. You can’t talk about some cases (crimes) when they are under investigation. Some police have to be retrained or retooled and the pandemic has affected everyone.”
Council President Petrick responded to Perkins’ crime stats: “Leadership starts at the top. There was a police chief indicted for sexual harassment. The police chief had a birthday celebration using 5-6 police cars and posted it on social media. We are waiting for the next shoe to drop. Councilman Caba made a point when he said we needed to go back to foot patrol. There’s a former police officer who goes around the county who talks how to M.O. (Modus Operandi – a learned, dynamic behavior) people. People in the community are suffering because of Wilda’s neglect. She loves the job but doesn’t do the job. Someone in Wilda’s office came down with Covid-19 and was infecting others.”
Perkins spoke up again and reported, “Crime is down 21% from the same time last year.”
Petrick asked Perkins to provide daily crime rates, Covid-19 cases, and deaths. “If there is a violent crime, people need to know, and it would not taint the case.”
Perkins responded, “The Middlesex Prosecutor’s Office makes the calls.”
Petrick continued, “We had crime stopper reports to let people know what is going on. Nixle is not up to date on reports. This became chronic before you came here. In the beginning, The Mayor had an open-door policy. Now, that has stopped. We need firm numbers and more of a breakdown of the crime stats.”
Perkins then stated that she gave a detailed report and breakdown of the crimes and read some of the stats again.
Councilman Caba spoke up again and disputed what Perkins said about the pandemic stopping a lot of programs. “As far as the PAL program, I recommended getting it back years ago. Crime is down everywhere because of the pandemic.”
Perkins spoke up and stated, “The quality of life issues always exist. The rent control is important, and we have to work together. We have to look at numbers in real-time.”
Petrick ended his remarks by thanking everyone for their patience and indulgence. “Stay safe and healthy.”
The meeting started at 7 p.m. and ended at 10:15 p.m.
