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Rte. 35, Citizen Advisory Council, Water/Sewer Dispute, Vote-By-Mail Discussed

The City Council met at the YMCA Auditorium
*Photo by Katherine Massopust

By: Katherine Massopust

PERTH AMBOY – There were several key topics discussed at the 9/9/20 Caucus and Council Meetings which were held in-person at the YMCA Auditorium. 

The first topic discussed at the caucus was referring to R-314-9/20 – Authorizing the insertion of revenue in the CY 2020 Budget pursuant to N.J.S.A. 40A:4-87 (Chapter 159, P.L. 1948) for the NJDOT FY2020 Municipal Aid Grant in the amount of $508,467.00 

Councilman Fernando Irizarry remarked, “For 2 years there are barriers up on Rte. 35 which have inconvenienced our citizens. We have given 2 ½ years. Those barriers are up with nothing happening. 

When asked why this is so, Interim Business Administrator Patricia Perkins had no answer and stated she will research the problem. 

Council President William Petrick stated the reason why there was such a long delay in the work to begin is because of multiple pipelines in the area. The NJDOT (New Jersey Division of Transit) had to get permission because of not damaging the pipelines when construction begins. He directed B.A. Perkins to City Engineer Jeff Rauch who could help with the matter. 

Councilman Joel Pabon stated, “It’s a pretty poor excuse. I’m not blaming the current B.A. because she just got here. They state there are different pipelines buried here. We should say please give us a better answer. Once I saw a biker cutting weeds in that area (because he couldn’t get through on his bicycle). I called, and the city came and cut the weeds the next day. I really hope someone comes up (with an answer) why these things are happening.”

Council President Petrick stated that City Engineer Jeff Rauch should reach out to the DOT.

The next topic of discussion was referring to R-324-9/20 Authorizing the cancellation on Menpe, Corp. BOD bill account no. 10046-0 in the amount of $22,866.66 due to ongoing dispute of April 23 bill.

Councilman Fernando Irizarry asked what BOD stands for. It was explained it means biochemical oxygen demand. BOD is the traditional, most widely used test to establish concentration of organic matter in wastewater samples (i.e., relative strength). BOD is based on the principle that if sufficient oxygen is available, aerobic biological decomposition (i.e., stabilization of organic waste) by microorganisms will continue until all waste is consumed. (Source: University of Georgia Education: Understanding Laboratory Wastewater Tests)

It was further explained that Tropical Cheese is unique in the process they use and there are no local factories that use a processes similar to them.

Interim Business Administrator Patricia Perkins explained that although they (Menpe Corp.) have questions of the bill, they paid 66% of the bill, they ask that since the bill is in dispute, they asked if they don’t pay interest on the outstanding bill. 

Councilman Fernando Irizarry asked that if they (Menpe Corp.) are asking for cancellation of interest because they are disputing the bill. “If the bill is resolved, why should they pay interest?”

Interim B.A. Perkins remarked, “If you want to forgive the bill, you can do it.”

Councilman Joel Pabon asked, “If we forgive the bill, what happens?”

Council President Bill Petrick answered, “That’s the power of the council. My understanding is Menpe and yourself should go to Middlesex Water Company for an appointment.” Petrick then asked the Business Administrator, “Has anyone actually spoken with someone who spoke to them?”

Irizarry asked, “Can you tell us what the dispute is about?”

Luis Perez Jimenez – Director of Operations at the USA-PA (Utility Service Associates Perth Amboy) Middlesex Water Company) answered, “Their dispute is that they state they think they are paying too much. They say their BOD is too high. The lab analyzes the BOD and sends the results every week. Tropical Cheese is unique in the county (referring to the processes they use).” 

During the public portion, Harry Pozycki founder of the Citizen’s Campaign was first to speak. He talked about the Civic Trust Committee which was proposed on the agenda. “I am here to discuss the ordinance that was discussed a couple of weeks ago. The ordinance is moving along with the City of Patterson. Mayor Ras J. Baraka of Newark is moving forward. Perth Amboy has an opportunity to lead here. We are asking tonight to vote on Introduction. This is a one-page ordinance. Introduction of it will clarify it and alleviate any confusion. When the ordinance comes up it will require a public hearing. There is no commitment made with an introduction. Perth Amboy has an opportunity to lead with the commission it should create. I ask that a motion be made.” Pozycki continued, “Donna Stewart, President of the Perth Amboy NAACP states that the Perth Amboy Public safety Ordinance – the process of creating the ordinance must continue without delay. Our generation must heal. I made a commitment with the Perth Amboy PBA to promote the ordinance.”

Resident Ken Balut spoke next. “Have we gotten the check from Kushner, yet? He owes us $4 million for a piece of property that hasn’t been addressed. The streets on Amboy Avenue have heavy duty trucks (driving on it).

Council President Bill Petrick stated, “When you were council president (addressing Balut), there were delays then. There was swampland. There was a delay because the Board of Education didn’t know how much land they needed.” Petrick then added, “There needs to be coordination between the administration and the county.”

Balut stated, “That was going to be negotiated. Amboy Avenue – the Mayor gave a $11,000 raise to someone she wanted to run for council. Is it right for a mayor to give out raises? What about covering up what judges do? A judge who dismissed a sexual harassment complaint – no one touches the judge who misuses authority.”

Robert McCoy came up next to speak. “I want to lend my support on the creation of the Public Safety Commission.” 

Resident Maria Rodgers came up next also lending support for the creation of the commission.

Resident Alan Silber came up to speak next, “I didn’t hear anything about older people (referring to the age range recommendations suggested in the creation of the commission) as if they had nothing to say. We’re a small part of a nationwide movement. The Citizen’s Campaign sees things happening. When people all over the nation protest, an ordinance is put through. I didn’t hear there will be a police officer on the committee. I think it’s rushed, and we need to take time. Let’s get more of a finished product, then let’s do something.”

Resident and Businessman Jeremy Baratta spoke next. “I agree with the comments that Mr. Silber made. Those with special interests should not strongarm the council.”

Daniel Gonzalez PBA delegate to Local #13 came up next. “As a union delegate, we’re not against it. We know what’s going on in the country. We should come together as a team. I do agree some of this should not be rushed. The (definition) of use of force is very broad. If we are going to do it – do it right. It can be positive for both the police and citizens alike.”

Council President Petrick added, “The council will appreciate your feedback.”

Councilman Irizarry stated, “People who are on the board should be vetted. What age group would you recommend if not 15 -20 years old? We have to invite senior citizens, too?”

Gonzalez answered, “I don’t think age is a factor. It’s not clear in the file I read – it’s not clear on the duties.”

Councilman Helmin Caba said, “We have to vet these Board Members. If they don’t have a preconceived perception of police officers. We need to protect and support the police officers. Thank you for giving your point of view.”

Councilman Fernando Irizarry said, “Suppose you have someone who does not have a (criminal) background, but this person was related to a family member who was (abused) by a police officer. Would you want someone (like that) on the committee?”

Gonzalez answered, “That would be your decision. The more maturity you have, that tells if you should sit on a board. Some people joined the protest – they were just supporting the cause.”

Councilman Joel Pabon stated, “I was hoping the police chief would come up with something. Surprisingly our Mayor and Police Chief – he never spoke to the PBA. There has to be some things that need to be done. It needs to be put on the agenda and questions asked.”

Councilwoman Milady Tejeda spoke up, “I agree with everything said here. It’s a very delicate time – not only here – but with the whole country.”

The council convened to a closed session at 6:20 p.m. They returned at 7:07 p.m. and adjourned the caucus at 7:08 p.m. The regular portion of the council meeting then began.

No one spoke during the first public comments on agenda items only.

Ordinance No. 1 was passed unanimously.

Ordinance No. 2 – An ordinance to amend and ordinance entitled “Administration of Government” (Ordinance No. 1-72 and Amendments) adopted July 28, 1972 also known as Chapter 4 et seq of the code of the City of Perth Amboy. RE: Interim Appointments.

Fernando Irizarry, Joel Pabon voted “no”; Milady Tejeda, Helmin Caba, and William Petrick voted, “yes”. Motion passes. 

The council originally passed the consent agenda but went backwards and reversed what they passed. They voided their original vote and voted again on the consent agenda as follows: R-313 thru R-323; R-325 thru R-331; R-333 thru R-342. R-332 was removed; R-343 was voided. The consent agenda was moved by Fernando Irizarry and seconded by Milady Tejeda. It passed unanimously.

R-324 was pulled for further discussion. 

Interim B.A. Patricia Perkins stated, “After meeting with Menpe Corp. and members of the administration, the dispute is still ongoing. The total owed is $22,866.66. They paid 2/3 of the amount owed until the end of this dispute.”

Council President Bill Petrick said, “They could avoid interest in the dispute and late fees. There are residents who had a toilet running and have a water/sewer bill they can’t afford. They are paying on interest charged. They are agreeing to settlements. I think this body needs to look at that and see what it is going to cost the rest of the public. Maybe you can intercede with the Freeholders – maybe change their rates. I hate to wipe the bill out with one vote.”

When it came to voting on R-324, the entire council voted “No”.

Public Portion:

Resident Ken Balut came up to speak first. He referred to the misconduct of a judge whom he feels is guilty of misconduct. “A complaint should have been reviewed by a different judge in a different town. He did not talk to the victim. Our municipal judge did not approve it. There was misuse of a handicapped placard. The Prosecutor gave 3 of us the finger. It happened a couple of months ago. There needs to be an investigation of the court.”

Law Director Peter King said, “You can send any complaint you want to me.”

Balut said, “When I sat in that seat (council president), I called the Attorney General’s Office myself. It’s not up to a citizen.”

Balut then said, “Look what’s happening to the Kushner Property. He owes us $6,000 plus the $4,000,000. Look at the lawsuits. Look at the Batista case.”

Petrick answered, “The court went in our favor. She was unreasonable.”

Balut continued, “We bleed money. We were bleeding out thousands. Perth Amboy is not one of the safest cities in America. Look at the FBI statistics. I put in how many calls from this year and last year. Somebody has to hold these people accountable. Things have to change!”

Resident Jeremy Baratta came up next. “With regards to the judge and parking – I took the pictures. I have at least one photo. This judge parked his vehicle in an unlawful manner.” Baratta continued to complain, “The prosecutor gave me the finger and made a statement after the meeting broke. If anyone wants photos of the judge parking his car, I took them.” Baratta then referred to the city’s legal bills, “The administration doesn’t care about the legal bills for two reasons: 1) It’s not her money; 2) more money that goes to legal bills means lawyers make more money. The only ones who get rich are the lawyers – the ones who suffer are the taxpayers. I am suing the city over OPRA requests. The City is in transit. It has to do with the BID. What percentage of the city’s funding has been wasted on lawyers? Wilda does not care. It’s not her money. Stop the bleeding.”

Council President Petrick asked, “What are the appropriate actions to take?”

Law Director Peter King answered, “I can interview him. I do not have an official complaint.”

Baratta said, “If you see something – say something!” 

It was suggested that if Baratta and Balut were so concerned about these individuals, they should file a formal complaint.

Council Comments:

Councilman Helmin Caba said, “Honor the victims of 9-11-01 and responders who sacrificed for our freedom and those who fight overseas.”

Councilman Fernando Irizarry had no comments.

Councilman Joel Pabon said, “I want to give some remarks about our Governor made about vote-by-mail. Schools have opened up – inside dining – demonstrations all over. It is not a democratic process, there should have been a choice. It’s unheard of this day and age that voters have to vote by mail. This is a democratic town. Our legislatures signed and agreed to that. The month is going to be spent getting that in place. Ballots go out, you fill them out and send it. DO NOT GIVE THEM OUT! There are so many people that just go through the motions. That vote goes to where you are registered. When I first worked in the post office, I reached out to the Board of Elections. We sent back ballot after ballot. There are going to be so many ballots returned. We are not ready to do what the Governor wants. The only way to vote at the polls is if you are disabled. I want to express my feelings.”

Councilwoman Milady Tejeda stated, “I would like to remember those who lost their lives on 9-11-01. I wish the best to the Board of Education having to learn remote. I wish well to the parents who have to go out and work and make sure their kids learn. I work in a hospital and it hurts me when people don’t take this virus seriously.”

Council President Bill Petrick thanked everyone who came and everyone out in TV land; he thanked Steve Jobin (CEO and President of the YMCA), the YMCA and the city council. “I echo Councilman Pabon. There should be no reason not to use the voting machines. The state invested in brand new electronic voting machines. Let everyone wear a mask and gloves. This decision is a mistake. Please remember to vote your conscience. Don’t put it aside. There will be a box in front of police headquarters. You can also use any mailbox. The ballot box goes directly to Middlesex County. I invite everyone to the 9-11-01 ceremony at noon on Friday (9/11/20). Remember all of our service men and women and those who are in and out of uniform defending our country.”

Councilman Helmin Caba noted that anyone can bring their ballot to any polling place and bring it there on election day.

The meeting adjourned at 7:57 p.m. All council members were present.

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