1/25/21 Caucus & Council Meetings

By: Carolyn Maxwell

PERTH AMBOY – Both 1/25/21 Caucus and Council Meetings were held in the City Hall Council Chambers and via Zoom. The caucus started at 4:38 p.m.

The first person who came up to speak was BID Executive Director Noelia Colon. She spoke about R-45-1/21 – Adopting the 2021 Perth Amboy Business Improvement District Budget for January 1, 2021 to December 31, 2021. She stated, “On December 11, 2020, the BID approved their budget of $247,650. An audit and annual report of the BID budget was given to the council previously.”

Council President Petrick then questioned, “Have the BID considered reducing the amount of payment the BID Members had to pay because of Covid?”

Colon mentioned that they haven’t. “We have $300,000 in surplus funds and $144,000 was allocated in the supplemental budget.”

Petrick continued, “Why hasn’t the lighting in the BID district been updated with LED lights?”

Colon responded, “Looking at the budget, we did receive information on new bulbs, but this is a part of the city’s budget.”

Petrick continued, “Only the external lights have to be replaced and not the existing fixtures. It is a one-time purchase and I think the BID has money to replace the bulbs. We also need to have benches with dividers on it so people can’t sleep on them. It’s easy for the BID to purchase them and the city can install them for you. This all can be done in one season. An electronic billboard on Rte. 35 could have been done years ago. All we get are delays and excuses. The BID was created to accentuate our businesses. This is not being done.”

BID Chair Barry Rosengarten came up, “All comments that were made by the Council President are valid. As far as the electronic sign, we are waiting for the state to go ahead. They have not sent the agreement, yet.”

Petrick suggested the BID engage the council and Assemblywoman Yvonne Lopez. “This new council is motivated to get this done.”

Rosengarten continued, “The state is also holding up other property that the BID is interested in. Director of Human Resources and the Department of Recreation Ken Ortiz is meeting with the state. We hope to have more information at the next meeting. PSE&G owns the streetlights, and we pay for them whether they work or not. The cost of the fixtures is high, but not the lights. The benches are under study and they will be ordered in the next week or so.”

Business Administrator Edward Remsen spoke up, “I and Councilman Joel Pabon went up and down the streets (Smith Street and New Brunswick Avenue) and counted 50 lights that were out. Frank Lucchesi Supervisor at PSE&G and I talked about this. We need to have a list of every light that was out citywide. Most needed just the lightbulb replaced.”

Rosengarten spoke, “I thank all for the recommendations. We are always looking to improve the business district.”

Petrick then stated, “We have to see what property the city owns and what property the state owns.”

Colon spoke again, “We did follow up with the state with the land that they owned, but we didn’t get many answers. Our budget can be used for sustainable projects.”

After Noelia Colon spoke, Councilman Joel Pabon had a question regarding one of the reports that CFO/Comptroller Jill Goldy submitted regarding the taxes and the water/wastewater utility. “I need to know that at the end of the year, where do we stand on the taxes and the water?”

Petrick addressed this, “This information was emailed to the council and what was recovered by the taxes received.”

Pabon continued, “The public should know this information.”

Petrick continued the conversation, “The December status report should have that information.”

Fire Chief Ed Mullen who participated online answered the question regarding R-48-1/21 – An agreement with Municibid for the sale of surplus non-needed fire equipment no longer needed for public use on an online auction website. “There was a truck that we sold last month to a fire company in Massachusetts. There will be another vehicle to be worked on next week to be sold.”

Pabon continued, “Some of the contracts that were tabled at the last meeting left ourselves vulnerable and some systems were in question.”

Petrick responded, “Some of the contracts that were tabled were contractors that have been used long-term and they were renewable.”

Department of Public Works Supervisor Frank Hoffman who also was online said, “Some of the contracts had miscalculations. We had hoped to have a special meeting in late December 2020 to have the corrections made. A meeting was not held, and those contracts had to be done by the end of December 2020.”

Councilman Pabon then questioned R-57-1/21 – Increasing the contract with Fraytak Veisz Hopkins Duthie PC, for architectural services in connection with the general construction work at the public library in an amount not to exceed $10,000.

Pabon asked, “Did they start demolition work?”

DPW Director Frank Hoffman explained, “The last Interim Business Administrator Perkins met with the contractor. This is for the rebidding of the new contractor. The old wall has been demolished and there had been water damage. Drainage is being done. There is another change order coming up for $25,000. I have been keeping an eye on all who are involved with the work being done on the library. All the work should be done by May 2021.”

Luis Perez Jimenez Director of Operations at the USA-PA (Utility Service Associates Perth Amboy) Middlesex Water Company) had a remark regarding R-62-1/21 – Extending the contract with Sonnenfeld and Trocchia for value architectural and construction inspection services in connection with the construction of the Smith Street Waterworks shop in an additional amount not to exceed $305,000.

Jimenez explained, “Once this resolution is approved, we can give the go ahead for the work to be done.”

Councilwoman Rose Morales questioned, “Was this to tear down your current building?”

Perez explained, “It is to demolish the building next to our current building, then there will be a new building built.”

Council President Bill Petrick then explained R-63-1/21 – Requesting an alternative long term combined sewer overflow (CSO) control plan on behalf of Perth Amboy and corresponding meeting.

Petrick explained, “This is to go over plans to make a change that will not affect our residents.”

Councilwoman Morales then asked if R-52-1/21 – Authorizing settlement of workers compensation litigation entitled Idania Vasquez vs. The City of Perth Amboy in the amount of $31,692 can be discussed in public. 

Law Director William Northgrave said, “Let’s do a closed session on this.”

Councilman Joel Pabon said, “I still am waiting on a response on a communication I sent suggesting that the city have a hotline for tips and suspicious activities. People should have a number to call regarding illegal activity. People have told me that some businesses force their workers to come in when they are sick. A hotline would help the police department and the city. NJ Transit vehicles have a number for a tip line. Not everybody goes into Nixle or is connected to Nixle.”

Police Chief Roman McKeon joined in the conversation via Zoom, “We promote calling police and Pabon is looking for a citywide number for a lot of complaints. We have a city complaint board and we used to have a tip line years ago for in the narcotics division. They can utilize that number.”

Pabon then suggested, “A emergency phone number can be publicized on Channel 34 or other media outlets.”

McKeon then said, “We can put all info on the police Facebook page and our other social media outlets.”

The public portion was open to those residents who attended the meeting in person first.

Resident Stanley Sierakowski spoke first, “When I worked for the county, a lot of problems could be solved if you called up your district and county representative instead of trying to handle things on your own. I remember when Dave Crabiel (A well-known Middlesex County Powerhouse Democratic Politician) would call our office and things would be done immediately. Call Atlantic City and see how they acquired divided benches easily or they may have been retrofitted.”

Resident Maria Torres came up next. Councilwoman Milady Tejeda translated. “She wants to congratulate the new council members and said she belongs to a Dominican organization and wants to have a flag raising on February 27, 2021.”

Council President Petrick explained, “We have a policy in place regarding events taking place on city property. If a date is open, you may be able to have a flag raising.”

City Clerk Victoria Kupsch spoke up, “Someone already had submitted a date for that same exact flag raising that Maria wanted and Maria has been calling our office about it. I believe that date is open.”

Maria Torres then continued, “I’m worried about people who work and come to businesses wearing no masks. Two people who work in one business died of an illness.”

Petrick explained, “A complaint can go to the health department because they regulate the beauty salons and bodegas.”

A tower spoke next, “I have been issued over 30 tickets from a police officer who said that I have been making illegal tows. I have been towing for 6-7 years. I recently won a towing contract over another tower named Carlito Towing. The officer explained  to me that some of the tickets had to do with some of our business signs.”

Council President Petrick said, “Towing signs have to meet the criteria of the ordinance.”

The Tower then explained, “The police officer who is in charge of the towers is the one who keeps issuing me tickets. No one was allowed to tow when stores had to be closed down at 7 p.m. due to Covid. The officer said I was overcharging for services and I know that other towers were charging more than me. The officer said he would dismiss the tickets, then he changed his mind. I have all my receipts of what I charge for my services.”

Councilman Joel Pabon then spoke up, “I told this gentleman to come here to see what is going on.”

Law Director Northgrave said, “I will look into this problem and report back to the council and this gentleman.”

Petrick then spoke up, “If you meet the standards of the ordinance, then the officer needs to explain what the problem is.”

The tower then explained that Carlito called him and wanted him to come to Carlito’s place of business, “I refused.”

Resident Jeremy Baratta came up next. His concern was that the BID requested an approval of a budget of $247,000 and they had $350,000 in reserves. “At one point, they said they had $400,000 in reserves. What happened to the $50,000? Since there were hardly any activities (in 2020). 45% of the budget is for Noelia’s salary. The UEZ has a slush fund of $1 million. A lot of times the BID meetings are not taking place and the council should table this resolution (R-45). They had two meetings where only two people voted which was an invalid meeting. At some meetings, the public was not allowed to speak. They gave improper notices to newspapers that did not meet the criteria of sunshine laws. There are no court dates as of yet for my lawsuit against the BID.”

Law Director Northgrove spoke up, “I don’t know the impact if the BID budget is not approved. You can’t keep kicking the BID budget down the road. I would say approve the BID budget because lawsuits are always ongoing.”

Participants on Zoom then spoke. Former Councilwoman Lisa Nanton was first. She suggested the council postpone voting on the BID budget. “One of the line items called for $35,000 for façade and downtown beautification. At one time the BID published a restaurant guide which was very small. They allocated $12,000 for marketing. Dissolve the BID and hire a marketing company instead.” Nanton then asked about R-30-1/21 – Exercising option 1 for second year of a 3-year contract with Custom Care Services for maintenance of city parks and properties from April 1, 2021 and terminating on November 5, 2021 an amount not to exceed $77,850. “What is this for?”

Petrick stated, “It’s to cut the grass.”

DPW Director Hoffman elaborated, “It’s for grass cutting, maintenance around the shrubs, mulching, vegetation control, and from 8-9 years ago, the cost has not gone up that much. We also have someone who monitors their work.”

Petrick then stated that Nanton had problems with the downtown planters.

Hoffman explained, “The DPW has nothing to do with those planters.”

Nanton then finished her call, “I like Councilman Pabon’s idea of having a hotline, but you need a phone number with easy numbers to remember.”

Deputy Chief and OEM Coordinator Larry Cattano said, “There is a law that was put in place years ago where you can’t put the department numbers on police cars.”

Former Councilman Fernando Gonzalez spoke next, “What has the BID done? They’ve had problems with people getting on the BID. They are doing nothing constructive and not fulfilling their commitments. We (the council) created it. Let two council members look at the BID. Have the people who are taxed come to the next meeting. Members are too close-knit and all they do is collect taxes.”

Resident Sharon Hubberman spoke next, “Will the preliminary budget be online? A hotline would do good because people can be anonymous. Sometimes when you call different departments about problems, they want your name, address, and other pertinent information that can open up you to being harassed. I would like to know the percentage of revenue collected in 2020. What bills were paid per executive order?”

Council Petrick suggested that Hubberman call Nancy Martin from the tax department. 

Pabon spoke up stating, “People want to know the answers to the questions that Sharon (Hubberman) just asked.”

CFO Jill Goldy spoke up (from Zoom): “100% was collected. We had accelerated tax sales that helped a lot. Some items were uncollected. We have to make provisions for a 3-year revenue collection. Covid has affected the budget for the year. 97% of revenue was collected on rentals. The governor prevented the city for putting delinquent accounts up for tax sales, but these taxes will be collected when the governor lifts the executive orders. The Parking Utility has a small outstanding debt. The marina has no debt.”

After the public spoke on Zoom, Councilman Joel Pabon spoke up and said, “The new mayor (Caba) had looked at the downtown situation when he was a councilman. Let’s approve the BID budget and put a council member on the Board to monitor their activities. So many things can be done right away. Just give them (the BID) a year.”

Council President Petrick asked, “Can the BID ordinance be amended?”

Law Director Northgrave said, “I will look into it.” 

The Council went into closed session at 6:23 p.m. They returned at 6:31 p.m. and closed the Caucus. The Council Meeting started at 6:35 p.m.

Public comments on agenda items only:

Resident Stanley Sierakowski came up. “There are autonomous agencies, and it is stated in ordinances that the council can approve the minutes of those agencies. If an agency cannot explain the items on their minutes, then you cannot approve those minutes. There are some things in the BID that are questionable.” Sierakowski also said, “I approve the change of the start time of the caucus meetings to 5:30 p.m. That way a lot more people will be able to attend.”

Resident Jeremy Baratta came up next. He complained, “No one questions the BID and none of the BID’s public contractors are qualified. I am the only business owner who goes to the meetings. It is a remnant of the 12 years that has been rejected. You can’t change their by-laws. It’s the last vestige of Wilda’s reign is the BID.”

He questioned Ordinance No. 1 – Change of the start time of the caucus meeting. “I hear a lot of different times it is supposed to start. Is it supposed to be 5 p.m. or 5:30 p.m.?”

Petrick responded, “5:30 p.m.”

Former Councilwoman Lisa Nanton spoke next via Zoom, “I support eliminating the Handicapped Parking Committee.”

There was next a public hearing on R-45-1/21 – Adopting the 2021 Business Improvement Budget for 2021.

Stanley Sierakowski spoke first, “They had a surplus over $200,000. They should do improvements on Amboy Avenue and as well as State Street. Use the surplus to spend on all businesses in the city – not only just the ones in the BID district. There is no critical thinking on the BID.”

Jeremy Baratta came up next, “Postponing the budget will not have an effect. Alternate programs were held, and businesses are closing. The BID should not have charged taxes on the businesses this year. They have enough surplus money to sustain themselves. They pay their lawyer $250 an hour. The façade grant goes to the same people and it is a patronage pit and there is nothing to show for it.”

Lisa Nanton spoke next, “In the interest of the taxpayers, postpone voting on the BID budget until the next meeting.”

The comments were closed on R-45. The council voted on the ordinances. Ordinance No. 1 was moved by Tejeda seconded by Morales. Pabon said, “The only reason I’m voting yes is so Stanley can get here on time and be here for the whole meeting.” Everyone voted “yes”.

Ordinance No. 2 – Eliminating the Handicapped Committee was moved by Pabon and seconded by Tejeda. When it came to vote individually, everyone voted “yes” except for Pabon who vote “no”.

When it came time to vote on the consent agenda, R-51 was pulled to be voted on separately: R-51 – Workers compensation litigation for Miguel Morales vs. The City of Perth Amboy. For the consent agenda R-46 thru R-50; R-52 thru R-63 was moved by Pabon, seconded by Tejeda. When it came to vote for R-51, it was moved by Pabon and seconded by Tejeda. Councilwoman Rose Morales was the only one who abstained. Everyone else voted “yes”.

Public Portion:

Stanley Sierakowski asked, “What is the status of the Armory and the money they owe the city of over $450,000? They reneged on their contract and they are multimillionaires.” He then turned his attention to Anchor Marine, “They were told not to pay taxes, and nobody wanted to find out who were the partners of this property. Did the tax assessor reevaluate the property after the density was changed?”

Jeremy Baratta came up next. He talked about two different BID Meetings: one on video tape and one held via Zoom. “There was not sufficient notice for these meetings to be publicized by any of the newspapers. I copy you guys (the council members) on emails I send (regarding the BID). Contracts are handwritten and none of their public contractors are registered.”

Sharon Hubberman was the first person to come on via Zoom. She appreciated CFO Goldy answering questions regarding the budget. “There are a lot more people participating on Zoom.” She then voiced her displeasure with Council President William Petrick stating he is rude and condescending to some people. “It is unbecoming and shows a strong biased towards certain individuals. There should be censures by other council members.” She finished her remarks by again thanking CFO Jill Goldy.

BID Coordinator Noelia Colon came up to address some of the remarks made by the public, “The BID has been around for 25 years. It was created to improve the economic and capital improvements in the business district and the surplus has been accumulated over a 15-year timeframe. $30,000 of some of the surplus money was given to business owners. We also needed money to defend ourselves. Money was spent on communications to the members for testing and funding for the owners during Covid. Our annual meeting is in March and the Board decides which contractors are used. There’s a lot of criticism, but not much in recommendations. We put our annual reports online and help in rental assistance. There is an investment from our board members, and we are doing everything in our power to assist our businesses. We are a supplement to our business community.”

Council Comments:

Councilman Joel Pabon said, “I want to thank Business Administrator Edward Remsen for going with me around the city to check out all the lights that are out. Who will keep an eye on this? The Auxiliary Police counted 180 lights that were out. Changing a bulb can make a big difference and the lights should be checked at least once a month. PSEG said that they need to be called whenever someone sees a light that is out. We also need to see if it is the same lights going out all the time. We get billed for the lights whether they are working or not.” He then mentioned former Councilman Irizarry who always questioned why there has been no work on the Rte.35 Bridge in a while. “I talked to City Engineer Jeff Rauch who said that when they start working on the road, they discovered a pipeline that they knew nothing about. That stopped the work. It may be another 3-4 months before they can start up again. Second Street is a dump. There are also 2 houses where a lot of commercial vehicles park and people who live in those houses are complaining. Buckingham Avenue has trailers parked that shouldn’t be there and those residents are complaining. Parts of that street is caved in. It’s a disaster. I also found an ordinance on committees (boards) that when your term is up, you have to reapply and the positions have to be posted.”

Councilwoman Milady Tejeda said, “We are listening to our residents and when they have problems, it is important that they report it to a person who can help them. I thank all who participated tonight. Protect yourselves and your family.”

Councilman B.J. Torres said, “The sewer overflow plan is a 30-year project. We have very good organizations that are helping with green deals. New businesses opening up will help us with our taxes. There are a lot of commercial vehicles that are left idling, and we need to address this issue.”

Law Director Northgrave addressed the idling vehicles, “The DEP is already investigating this.”

Business Administrator Edward Remsen spoke up, “I was on the planning board in another city. The most important thing is the enforcement of laws. If that doesn’t happen, the problem is that regulations will be ignored.”

Council President Bill Petrick thanked all who participated via Zoom or in person. “I hope you found all the information presented informative. Make sure you practice safe Covid practices.”

The meeting adjourned at 7:41 p.m. All council members were present in peron at city hall, but Councilwoman Rose Morales left shortly after the consent agenda was voted upon so she was not present for the council comments.