11/23/20 Caucus & Council Meetings

By: Carolyn Maxwell

PERTH AMBOY – There was an intense discussion involving Ordinance No. 2 (first reading) – Re: Special Events Permits. Councilman Fernando Irizarry asked, “What were the changes?”

Council President Bill Petrick responded, “This is needed to provide better administration and fairness. The calendar of events will be displayed in the City Clerk’s Office.”

Law Director Peter King reminded the council, “Under the Faulkner Act, the Mayor’s Office controls any event held on city properties. If the council has the final say on event permits, you are going to be putting a burden on the clerk’s office which would be a violation of the Faulkner Act. You would also be taking away work that is normally done by the Department of Recreation and DPW. I’m giving you research information and what’s the law.”

Petrick then questioned the timeframe needed for someone who wants a flag raising versus having a bigger event such as a parade.

Irizarry spoke again, “A time limit should also be imposed (asking how much time you should put in your request before the date of your event. Not less than 60 days prior to your event.”

Petrick then added, “Maybe not more than 2 weeks regarding flag raisings and for parades – 60 days prior to the event for them to get back approval.”

Irizarry’s final comments were: “As long as we comply with the Faulkner Act, I agree with the 60 days prior to the day of events regarding parades and 2 weeks prior for flag raisings.”

King’s final thoughts were: “It should be 120 days prior to an event for you to submit the date of your event, in order to ensure a response within 60 days prior to your event.”

Bill Petrick then asked Law Director King if he could get the budget to the council earlier than late March. “Ask the CFO (Jill Goldy) if we can get it by February.”

King responded, “The CFO told me it’s always done by the end of January.”

Irizarry then had a question regarding R-477 – 11/20 – authorizing a FitLot Partnership Agreement to receive an AARP sponsored outdoor fitness park at Dalton Park.

Irizarry was not comfortable with the fact that the city has to maintain the equipment and an AARP canopy must be maintained by the city for 10 years. “Fitness classes have to be led by a professional trainer and do we have to provide and pay for that trainer? This will be additional work for the Recreational Department. The city will be using Facebook for promoting, advertising, and maintaining a Facebook Page for AARP.”

Petrick then inquired, “If the council approves the resolution, we might have to fence off Dalton Park because of Covid.”

Director of Department of Recreation and Human Resources Ken Ortiz provided more information. “AARP National selected us (Perth Amboy). They are celebrating their 50^th Anniversary. We are the only city in New Jersey to receive this. Any information regarding this will be part of our regular Facebook Page. AARP will provide 3 years of funding for this park and will pay for the fitness instructor. It will be a cloth canopy that AARP will provide for 3 years. I’ll get back to AARP regarding replacement canopies. The construction should be completed by the end of July 2021.”

Irizarry continued, “The contract states the canopy is for 10 years.”

Ortiz answered, “We should be proud that AARP selected us. At this time of year, I don’t think many people will be out in the park. I believe we can use all the parks in the warmer months.”

Acting Code Enforcement Director Irving Lozada came up to talk about R-484 – 11/20 – The purchase of 3 2021 Colorado 4-wt crew cab to Mall Chevrolet in an amount not to exceed $88,111.50.

Lozada said, “I came to the council a month ago to explain why we need more durable vehicles when going out to construction sites. This was the cheapest truck we saw in the state contract.”

Code Enforcement Sub-Code Construction Supervisor Scott Melski gave more information. “This vehicle is way better than the cars we are driving now which can get stuck in the mud. Sometimes we have to ask workers on a construction site to push our (present) cars to get us out of muddy conditions.”

DPW Director Frank Hoffman came up to talk about R-485 and R-486.

R-485 – Contract with Rubber Cycle for repair or replacement of various sections of playground safety surface at 6 city parks in an amount not to exceed $13,435.

Hoffman said, “The life expectancy of the resurfacing is expected to be 10 years. Some of the damage was caused by trees falling and fires.”

R-486 – A contract for electrical supplies and equipment to Samson Electrical Supply in an amount not to exceed $25,524.57.

“This resolution is for electrical supplies and not electrical repairs.”

Tashi Vazquez from the Office of Economic and Community Development came up to talk about R-487 – Accepting the proposal of and awarding a contract to Key Marketing for NPP-CRF: restaurant website design in an amount not to exceed $20,000.

She explained, “An RFP was put out for website design for the NPP District Page to help with the menu and QR Codes which will be used on the Perth Amboy Page website. Translations will be listed for different restaurants. They will create pages and included will be a 1-year of update of the website. After one year is up, we can see if we want to renew the contract with them. The BID might take over the cost and expand it to businesses outside the BID district. The person who is doing this job has one month to get it done in order to get paid.”

Luis Perez Jimenez – Director of Operations at the USA-PA (Utility Service Associates Perth Amboy) Middlesex Water Company) came up to speak about Resolutions R-488, R-489, R-490 and R-491.

R-488 – A contract with CDM Smith Consulting Engineers for the completion of a Treatability Study in the Long-Range Plan for the Perth Amboy Water System in the amount of $669,300.

“This is for the well water distribution and storage according to the LCL Guidelines. Every year, there are different contaminants to be tested. There are certain contaminants maximum levels that we cannot exceed. This is through state and federal standards. Perth Amboy’s water is not contaminated. I have been doing work with the water system for 33 years and 30 years as a licensed operator. There are natural contaminants, and you cannot get rid of 100% of the contaminants. There is no such thing as pure water in the United States. We test our water every 15 minutes and private labs test 17 water samples every month. These labs also work with different towns.”

Law Director King then spoke up and indicated, “Mr. Jimenez is very thorough because his license is on the line.”

Jimenez continued, “There is .3% or .4% chloride that we add to clean contaminants and we are the only town to use fluoride. We have main lines that are in Old Bridge and South Amboy.”

Councilman Helmin Caba then spoke up indicating, “We need to do more research on fluoride. Why do we have fluoride added to our water while other towns do not? Residents said they don’t want fluoride.”

King responded, “You may have to file papers with the DEP if you want to remove the fluoride from the water.”

Jimenez then talked about R-489 – A contract with Center State Engineering in relation to the sewer separation project increasing the contract in an amount not to exceed $5,000.

He explained, “Some utilities were not marked. The elevation levels had to be redesigned and this is also a closeout of some of the finished projects.

R-490 – A contract with Electronic Drives and Controls for the repairs to the frequency drives throughout the water and service utilities in an amount not to exceed $25,000.

Jimenez explained, “The drives do not break that often, but there are very old ones at the Runyon Facility. The ones at the Second Street Pump Station overheated, but we put in an air conditioner to solve the problem.

R-491 – A change order to the contract with EN-TECH increasing the contract for the cleaning and lining of the sewer main on Gordon Street from Water Street to High Street in an amount not to exceed $761.25.

Jimenez said, “This is to pay the off-duty Auxiliary Police which will bring the amount up to $1,155.01”

King then added, “This is subject to certified funds.” 

R-4925 – Authorizing the 2020-2021 renewal of plenary retail consumption license held in the name of Seabra’s Armory, 200 Front St. effective November 24, 2020.

Law Director King explained, “This will give the Armory back their license so we can impose fines on them.”

Fire Chief Ed Mullen came up to speak about R-494 – Authorizing the city of Perth Amboy to enter into a contract to acquire 990 Amboy Ave., Lots 1&2 and execute documents related to closing title.

He explained, “There was $750,000 in the Capital Improvement Ordinance for this.” He also wanted to thank the City Council for recognized Anton Massopust Day on his birthday (November 23^rd) on behalf of the Fire Department.

Mullen then continued, “This is not a massive building (new firehouse). We started talking about this project about 6 years ago. The owner of this property paid 6 quarters of his taxes. We are asking that you move on the first property tonight. We have $250,000 in place for architectural work. We expect to have the project to be completed in 2024. We recently had a fire, and we were able to get there in 4 minutes. We hope to have a concrete and steel building for this firehouse. We intend to name it: The Memorial Fire Station to remember the past members and it will include singular dorms. The expected completion date is 2024.”

Council President Bill Petrick made a comment regarding R-496 – Rejecting the bids for A/V Systems Upgrades to the council chambers and authorizing the advertisement for the bid. He stated, “The element of the rebid was not complete.”

The meeting was then opened up to the public.  The first person to speak was Jeremy Baratta. He questioned the legitimacy of the business (Key Marketing Company) who was contracted to the QR Codes for the businesses. “I went to the State Business records and only found two records: one from 1985 and one from 1995. There were no tax filings. This could be a fictitious name. Who are these people? If they are not registered, they cannot get the contract. I’ve looked at the updated state files.”

Law Director King then spoke up, “I advise you (the council) not to pass this resolution (awarding Key Marketing the contract). If you do award this contract, there is a screening process.”

Tashi Vazquez Assistant Director of the Office of Economic and Community Development told the council, “You have their (Key Marketing) proposal, W9, insurance, and certification.”

King then spoke up, “Based upon that, you can award them the contract.”

Samantha Castro from Frontline Youth spoke next regarding the Citizen’s Advisory Group. “The point of our protest is to advocate for human rights and the de-escalation of tensions between the police and public. This will help to protect and n empower the residents. It’s based on compassion and safety. We work with the YMCA, the NAACP and the Citizen’s Campaign.”

The next person to come up to speak was resident Betty Crews who is also a member of the Citizen’s Campaign. “I came up here to speak for Donna Stewart, who is the President of the local Perth Amboy Chapter of the NAACP. Perth Amboy can be an example of how the police and civilians can work together.” She asked that the ordinance be adopted by the council and is approved by the NAACP and it could change the course of history that we can be proud of.”

Resident Bob McCoy came up next, “I am on the Board of Trustees at the YMCA. This ordinance addresses systemic racism and social justice. There is a need for police reform. I am part of the JEDI Group (Justice, Equality, Diversity, Inclusion).” He then mentioned the names of several black people who were killed by police in the last six years that made national news. While praising the Perth Amboy Police, he also urged the council to adopt this ordinance for our city. “We need a policy regarding the use of force. Our group includes police chaplains, the NAACP, educators, clergy, and members of the Citizen’s Campaign.”

Law Director King then stated, “The ordinance can’t contradict the police chief’s policies.”

Citizen’s Campaign founder Harry Pozycki came up to speak next. He reminded the council he came here over a little about a month ago to say that this ordinance would be consistent with state laws. “The PBA (Police Benefit Association) and FOP (Fraternal Order of Police) met with us. Revisions were proposed and the PBA partnered with us to improve public safety. Through the policies implement use of force lawsuits went down. Complaints go down, and there is a reduction of injuries. There is also a decline of police deaths and injuries. I asked that this ordinance be put on the December 7^th, 2020 meeting for first reading. You have the revised ordinance.”

Councilman Helmin Caba spoke up, “I think this is great for Perth Amboy, but I don’t see anyone here from the PBA.”

Pozycki then stated, “The person who is supposed to be here from the PBA is in self-isolation because they were in contact who tested positive for Covid.”

Council President Petrick spoke up, “We should review the revisions, then we can consider introducing this at our next regular council meeting.”

King made a final comment regarding this ordinance, “Since it was not on the agenda, it cannot be put on the agenda tonight because people could not talk about it.”

Resident Ken Balut came up next. He was concerned about the voter fraud, and a ranking police officer who was suspended. “An employee in Code Enforcement was talking about it. A Board of Education Member is involved, and this issue is a month old. There is a recount in the Board of Education because of 10 votes. Were votes destroyed? Or counted or not counted?” Balut then referred to a video that has been circulating widely on the internet. “We can see people take ballots out of mailboxes. The chief is silent. I want transparency. Does the Code Enforcement Director have a badge? I’ve been getting phone calls from people I haven’t from in years. This is voter fraud. Were votes stolen and not mailed?”

Council President Petrick asked King, “What is our assurance that this will be investigated?”

King responded, “Investigations can’t be discussed.”

Petrick then questioned, “Are there ramifications on employees talking about this on Facebook?”

King answered, “With sensitive or classified information, it can’t be done by a city employee on their personal or the city’s Facebook page.”

Councilman Irizarry then asked, “Would we be informed?”

King responded, “Investigations can be touched up by those we don’t know about. You have authority as the Council, but not under the Prosecutor’s or Attorney General’s Office. You cannot investigate any criminal attorney.

The caucus meeting ended at 6:53 p.m. The council meeting started at 7:05 p.m.

The meeting was opened up to the public for anyone to speak on Ordinance No. 2 RE: The addition of a loading zone at 576 New Brunswick Ave.

Jeremy Baratta came up, “The owner of this business has a driveway and a parking lot. The trucks deliver at night. A lot of houses in that area don’t have driveways and the streets are always lined with cars. I’m concerned about the resident’s parking. Why is there an eighteen-wheel truck delivering to such a small store? The parking lot can accommodate an eighteen-wheel truck.”

Petrick spoke up, “They were parking on New Brunswick Avenue before. The loading zone will be on Lawrie Street. The time will be from 5 p.m. to 12 a.m. Monday through Sunday. It’s wall-to-wall cars sometimes.”

Baratta then thought, “From 5 p.m. to 12 a.m.  – 7 days a week is too much. Change the delivery schedule or change the times of the delivery.”

People were then asked to address any agenda items.

Baratta went back up to the mic to address R-487 – Accepting the proposal of and awarding a contract to Key Marketing for NPP-CRF: Restaurant Website Design in an amount not to exceed $20,000. 

Baratta stated, “That is not Key Marketing. Could it be their trade name? Tashi Vazquez (Assistant Director of the Office of Economic and Community Development) showed me the documents on this company, but the addresses don’t match. They do not show enough professionalism and are not maintaining their records. How will their work be done?” He then discussed an article, “There is an article in The New Jersey Globe which was about a video showing people taking ballots out of mailboxes (in Perth Amboy). There was also a police officer suspended. This should have been in the personnel report. You should have been officially notified.” He then spoke about Ordinance No. 2 RE: Special Event permits. Baratta suggested to the council that they look at legal briefs citing the stature on having events such as festivals on city properties and city beaches – not just a general explanation. “This should not be subject to interpretation.”

Ken Balut came up to speak about R-487. “Was this bidded out? You could probably get a kid to do QR codes. I gave you photos of former Police Chief Ruiz doing election work while in uniform. This city has to file charges and you never did. King said he would have filed charges. The upper echelon of the police department and the police director are at fault. Intimidation by Code Enforcement is still going on.”

Councilman Irizarry then addressed Balut’s last statement, “You were told that it was a mistake when Code Enforcement went to your house regarding your hedges.” Irizarry then asked, “How much did the GIF (General Insurance Fund) go up?”

Balut answered, “$400,000.”

Irizarry then finished the conversation, “We can’t file charges if there is an investigation going on.”

Hearing of Citizens: Jeremy Baratta, Managing Member of J. Baratta Industries came up to speak about the proposed 2021 Business Improvement Budget. He started by saying, “At the last BID meeting, BID Chair Barry Rosengarten said that the council agreed to pass the BID budget.”

Petrick responded, “We didn’t.”

Baratta continued, “On November 17^th, Noelia Colon (BID Coordinator) said it was too soon to pass the budget. “The administration does things last minute so you can’t make changes. It’s the same old scam. 6 out of 16 Board Members attended the last BID Meeting. There was no agenda. The salary for Noelia Colon is $105,000 which would be 3 to 4 times the AGI (Average Gross Income) of our citizens. There is supposed to be revamping the façade program. They are giving grants to nontaxpayers. Some businesses got a $5,000 check. The businesses are shutting down, so there is no need to spend money on sprucing them up. $7,500 was spent for paperclips and $2,500 for a phone bill. $23,000 for professional services; $250/hour for a BID Attorney. $15,000 on various projects. The BID Budget is $247,650 and $144,000 in supplemental money. Under marketing, they have a Green Team which they have at an additional cost. The contractors for the planters are $2,500 a month, but they are not public contractors. The BID has $400,000 in cash and supplemental money and they should operate on a flat tax.”

On Ordinance No. 1 – 1-year lease with Easter Seals of New Jersey for office space in the Jankowski Community Center for non-monetary consideration to be used for public purpose commencing January 1^st, 2021 thru December 31^st, 2021 was moved by Irizarry and seconded by Tejeda. 

Ordinance No. 2 – RE: Addition of Loading Zone to 576 New Brunswick Ave. was moved by Irizarry and seconded by Tejeda.

Ordinance No. 1 (first reading) – designating restricted parking spaces for use by a handicapped person regarding addition was moved by Irizarry and seconded by Caba.

Ordinance No. 2 (first reading) – RE: Special Event permits was moved by Irizarry and seconded by Tejeda. 

Ordinance No. 3 (first reading) – Administration of Government regarding budget and fiscal procedures was moved by Irizarry and seconded by Tejeda.

For the consent agenda, R-467 thru R-473, R-476, R-478 thru R-494, R-496 were moved by Irizarry and seconded by Tejeda. R-477 was asked to be pulled to be voted separately by Petrick. Irizarry asked that R-495 be pulled to be voted on separately. The consent agenda was moved by Irizarry and seconded by Tejeda. 

R-477 – Authorizing a Fit Lot partnership agreement to AARP sponsored outdoor fitness park at Dalton Park. It was moved by Irizarry and seconded by Tejeda. All voted “Yes.”

R-495 – Professional services with Thomas Calcagni, Esq. of the firm of Calcagni-Kanefski for legal representation of the council of the city of Perth Amboy in conjunction with litigation regarding city officials violation of law related to reappointment of the business administrator in an amount not to exceed $25,000. It was moved by Irizarry and seconded by Tejeda. Irizarry voted, “No.”

Earlier in the meeting, the council decided to move two resolutions: R-474-11/20 – Commending Jeremy Barrata, owner of J. Baratta Industries on being a recipient of the 2020 Higher Vet Medallion Platinum Award. It was moved by Irizarry and seconded by Tejeda. When it came to vote on the resolution separately, Irizarry voted, “No.”

R-475-11/20 – Proclaiming November 23^rd as “Anton J. Massopust Day in Perth Amboy” in acknowledgement and celebration of all his contributions to the city, was approved by all during the approval consent agenda during the meeting.

Public Portion:

The first person to come to the podium was Ken Balut who was annoyed because New Jersey libraries were awarded $870,000. “We lost out on this grant money because we don’t have the proper library staff. We had a good library director.”

Petrick then spoke up, “Wilda (Mayor Diaz) fired her for no cause.”

Balut continued, “The council should have a budget of $50,000 for legal representation. I don’t know if we had a legal election. It is your job to look at the video (showing alleged ballot tampering). It’s serious when a police sergeant was suspended. It is about checks and balances. Joe Vas (former mayor) also used Code Enforcement to go after people. The current Code Enforcement Director is not qualified. You (the council), and the business administrator, should investigate. I always come up here with proof.”

Businessowner Jeremy Baratta came up next to speak, “You have a right to start investigations. You may get a letter to stop if you go beyond your duties, but that’s it. I’m not a city employee and I can speak freely. I was going to share some text messages between myself and Councilman Fernando Irizarry, but the people have spoken.”

Council Comments:

Helmin Caba said, “I thank everyone for coming. Everyone have a Blessed Thanksgiving.”

Fernando Irizarry wished all a Happy, Safe, and Blessed Thanksgiving.”

Milady Tejeda thanked everyone for coming. She then said, “Mr. Massopust was an icon. It was my pleasure to serve with him on the Board of Education. I’m wishing him a happy birthday in heaven. Have a Blessed Thanksgiving.”

William Petrick asked the council members that were present if they would be interested in changing the start time of the Caucus to 5:00 p.m.

Law Director King spoke up, “You would have to change the ordinance.”

City Clerk Victoria Kupsch then added, “You would have to change it next year before the 2021 meeting schedule comes out.”

Petrick then mentioned that the purchasing department said the council might have to have special meeting at the end of December. He thanked all for coming, wished everyone a Blessed Thanksgiving at to be safe. 

The meeting ended at 8:10 p.m. Councilman Joel Pabon was absent from both meetings due to illness.