10/13/21 Caucus/Council Meeting

By: Carolyn Maxwell

PERTH AMBOY – During the Caucus portion of the meeting, Business Administrator Michael Green again went over the ordinances pertaining to water meters, the parking deck, and the water/wastewater utilities. He explained that water meters degrade over time and the city can still recoup the losses. 

Councilman B.J. Torres was concerned that bonding for all these improvements and renovations will cost the citizens another water increase.

B.A. Green responded, “We need a lot of studies done regarding our water. Some federal funds can be used for the water infrastructure. I will need the council’s guidance to make sure we are on the right track. Some of these ordinances on the agenda will be for new vehicles for the fire department and PPE (Personal Protection Equipment). Also, for forfeiture items that will go up for auction. Some of the ordinances pertain to the library for security and to sterilize their books. Some of the ordinances pertain to purchasing garbage trucks and city hall renovations taking place.”

Councilman Torres had an issue with Ordinance No. 1 (First Reading) – To amend an ordinance entitled, “Public Entertainment.” He was concerned about the portion where Beer Gardens will be permitted.

“Has someone put in a request already to have a beer garden at one of their events?”

Green responded, “We are just preparing this in the ordinance just incase someone applies for one.”

Torres countered, “It’s funny we are pushing alcohol consumption, but stalling on something that can help the citizens such as having cannabis businesses in the city.”

B.A. Green then explained that Ordinance No. 2 (First Reading) – Amending an ordinance entitled Administration of Government would put the Parking Utility under the police department and will increase parking fees to 50 cents per hour. 

Councilman Joel Pabon spoke up via Zoom, “What will this mean for the police if they have to be in charge of crossing guards?”

Council President Petrick responded, “I think you are confused with the next ordinance entitled School Traffic Guards.” Petrick then spoke about Ordinance No. 2, “It makes perfect sense for the police to be over the Parking Utility Officers. It should have been this way all along.”

Pabon responded, “I think it is going to come back to bite us in the butt.”

The next topic for discussion was Ordinance No. 5 (First Reading) – to amend an ordinance entitled Parking Meter Zones. 

Councilman Torres said, “A parking analysis is needed to see how it will affect the residents which in the ordinance says the Waterfront area.”

Councilwoman Milady Tejeda said, “We need meters, but we need to look at this ordinance more.”

B.A. Green then explained, “This ordinance defines the Waterfront as municipal lots. It basically gives us a definition of what is a municipal lot.”

Council President Petrick suggested that the title of the ordinance should be changed to a municipal lot instead of parking meter zoning. “In the past there were businesses (in the business district) that would complain of other business owners or their employees parking in front of other businesses.”

Pabon spoke up again on Zoom, “People talk about how we are the beginning of the shore, but we are the only ones who don’t charge people to park in their lots by the waterfront. Most people who park in our waterfront lots are from out of town.” Pabon also complained that the Armory does not clean up their lot.

Petrick disagreed with one of Pabon’s comments, “In Ocean Grove, they have no parking meters by their lots near the water.” Petrick then also disagreed with Pabon, “People in the sixth ward where I live, which is far from the waterfront (or anyone else who lives far away from the waterfront in town) are driving their cars to go down there. In Woodbridge Proper, they only have parking metered lots behind JJ Bitting.”

Pabon then asked, “What about other restaurants (who are suffering) in town that have meters in front of their stores?” Pabon also complained that the restrooms down by the marina are not always open to serve the public and boat owners have keys to the restrooms.

Petrick countered, “Boat owners pay for the keys to the bathroom and the gates to get to their boats.”

Pabon responded back, “They (boat owners) don’t pay enough, and at the end our taxpayers are paying for those bathrooms at the marina.”

Petrick then talked about the portable bathrooms located on Sadowski Parkway, “People are abusing those bathrooms.”

Pabon said, “I find that hard to believe, because I am at the waterfront constantly. I have never heard of any vandalism at those bathrooms.”

Lawyer William Opel gave a brief overview of Ordinance No. 6 (First Reading) entitled Administration of Government to establish a policy against nepotism. 

“This is to follow the Best Practices Survey. City Boards and City Contracts are to be incorporated into the employee handbook.”

B.A. Green then spoke about R-499-10/21 – Rescinding resolution R-481-9/21 and authorizing the tax collector to forward the listing of properties of inactive W/S account transferred over on 12/31/2018 from Middlesex Water to the State of New Jersey to be listed and their next unclaimed monies advertisement to correct the amount to $22,668.77.

Green explained, “All these accounts are inactive.”

Petrick then asked, “Did we contact the people on that list who were owed refunds?”

Green explained, “All the proper procedures were put in place and we did due diligence to try to contact everybody on that list who were owed refunds.”

Green then briefly explained R-505-10/21 – Insertion of revenue in the CY 2021 Budget for the Home Investment Partnership American Rescue Plan Grant in the amount of $1,476,500. 

“We will have a stakeholder’s meeting about how to use this money and we will have to follow certain guidelines.”

Tashi Vazquez from the Office of Economic and Community Development who was present at the meeting came up to speak, “These are HUD guidelines that have to be followed and there are many different organizations that will be able to give in their input. This resolution basically will deal with tenant based rental assistance and the homeless. Some of the people involved will be those who deal with homeless prevention, such as the YMCA, legal services, those who fight for tenant rights, nonprofits, faith-based organizations, people from the county, and the council will have their input. These are just some of the people who will be invited to discuss how this money will be used. There will also be a public hearing where an action plan will be presented.”

Councilman B.J. Torres questioned the resolutions where people have liens on their properties, “I never ever see the Kushner properties on the agenda with liens on their properties.”

Green responded, “We have had some movement on fining Kushner and having his properties cleaned up.”

Joel Pabon spoke up, “Some of Kushner’s properties have been looking better. I did see they had heavy machinery on their property when I went there a few days ago. There are still a lot of lights out and there are trees that need trimming on the Kushner lots. It took them 2-3 years, but at least Kushner is doing some cleaning. I happened to see a resident who resides at one of the Kushner properties. She told me she was shocked to see there was something finally happening with cleaning up the property.”

Green gave a brief update on R-516-10/21 – City Officials executing an agreement with the BID in the amount of $20,000 to administer the Neighborhood Preservation Program Year 2 Art Initiatives.

“The BID will be putting up an additional $15,000.”

Councilman Torres was surprised that the Arts Council was not a part of this agreement.

Tashi Vazquez came up to explain further, “This resolution is based on an existing ordinance. This year we (the OECD) put in a call to artists, and it was based on the cost of our budget.”

Torres, “We (the Arts Council) should have been involved from the beginning.”

Vazquez continued, “Under this resolution, there will be another project. The project will be called, “Pop-Up Art,” and people actually come from out of town to take pictures of the Pop-Up Art.”

Torres said, “I am very concerned, because when another artist who came into town and had to present a rendering of the mural they were going to put in town and instead did another design.”

Vazquez said, “I remember that, but at the time no one from our department was involved in that project. There are other projects that would be under that agreement (neighborhood preservation) which would also include park benches.”

Council President Petrick was concerned about any artist that does not do what he presented and was approved for. “There should be a penalty against that artist.”

Councilman Torres concluded the discussion, “The Arts Council is an advisory board. We need to be in on the beginning of anything involving the arts in any form.”

Council President Bill Petrick had a problem with R-523-10/31 – A Release of a performance guarantee and cash bonds to Duke Realty for the major subdivision, preliminary and final major site plan for the amphitheater portion for 215-230 Riverview Drive in an amount not to exceed $375,449.13. “We need to take a closer look at the amphitheater description. Everything else looks fine. They did the bare minimum amount of work on the amphitheater. We need to table R-523.”

Councilman B.J. Torres said, “I second that to table.”

Lawyer Opel said he would ask the city engineer to submit a brief memo to the council.

Petrick was not satisfied. “We need to look at the rendering of that project (the amphitheater) of what was presented to us versus what was actually built.”

Councilman Pabon questioned R-527-10/31 appointing Gisela Ramos as a regular member of the Perth Amboy Rent Leveling Board to fill an unexpired term to expire December 31, 2022. “Isn’t that supposed to be a mayor’s appointment – not to be put on the agenda by a council member?”

Council President Petrick put it on the agenda.

Pabon said, “That should be checked for accuracy.”

Petrick then went back to talk about the amphitheater, “Because we are a minority community, they think they can just give us anything and we would accept it.”

Public Portion: In-house speakers first.

Resident Ken Balut came up to speak first. He questioned if the $49,000 check that came from Kushner included any interest. “If it were a regular resident, they would be charged interest. We are always getting scammed. All of our county officials love Kushner and LSRP signs need to be put on some of Kushner’s properties. We still don’t have a full-time lawyer. I see Wilda got her vacation money. Are we setting up slush funds? Who is going to account for the mayor’s time? It is supposed to be a salary position. Now, a lot of longtime mayors can claim the same.”

After Balut finished talking, City Clerk Victoria Kupsch spoke up regarding R-527. “Pabon is right. This should be a mayor’s appointee with consent of the council.”

The next person that spoke was William Cruz, a resident from Sayreville, “I come into Perth Amboy a lot because my fiancé lives here. I am a retired and certified Fire Inspector in New Jersey. There is a police officer in town. Everyone knows the guy. He goes around issuing parking tickets between 4:00 a.m. to 5:00 a.m. in the morning. I just paid for a ticket issued to me at 4:00 a.m. The yellow lines we have painted on the curb are not working. There is a meter at the corner of King and Market Streets that is very close to the yellow line. Look at how dark all the streets are.” He proceeded to hand out photos to the council to back up the statement that he made.

After Cruz spoke, Councilman B.J. Torres commented, “This is why we need a comprehensive parking analysis.”

City Resident and former Councilman Fernando Irizarry came up next. He questioned the $500,000 needed for a fireboat. We are going to get a grant for a fireboat. Why are we now paying for renovations for the parking deck? Who is the business manager? Who is paying the additional money for the school crossing guards?” For Resolution R-505, he wanted to know how the money was going to be used for the American Rescue Plan Grant?”

B.A. Michael Green answered, “Right now parts of the parking deck are crumbling.”

Council President Petrick then added, “There is water infiltration in the Parking Utility Office and there is a hole in the ramp. There are also leaks on the parking surfaces.”

Fire Chief Ed Mullen came up and said, “The $500,000 cost for the fireboat will be given by the city and we will be reimbursed for what we put out. By the way, we saved 41 lives last year with that boat.”

Council President Petrick spoke up again, “We need more crossing guards because of having more children in the city.”

Acting Police Chief Larry Cattano came up, “There will be no cost for those crossing guards because we have been operating with 50 crossing guards for many years and needed to put that on the record.”

Green then talked about the uses for R-505. “It’s for affordable housing and to help the homeless.”

Tashi Vazquez from OECD came up again, “As far as helping the homeless, we are looking at giving them individual rooms without leases or agreements. The stakeholders will decide what to do. It has to be in a building that is already constructed with individual rooms – not partitions. We talked to the Salvation Army about becoming a Code Blue Shelter.”

Carteret Resident Urayoan Torres who has a temporary hotdog stand called “Jucy’s Hotdogs” located on Water Street in the waterfront section of town came up to speak. He referred to Ordinance No. 7 (First Reading) – To amend an ordinance entitled peddling and soliciting regarding Bayview Park fixed peddler location – removed. 

Torres stated, “We rented the spot and built up a clientele.”

Petrick responded, “We got a lot of feedback from the community that felt the spot you were in was impacting the park.”

The resident then asked for another spot.

Petrick replied, “We can’t guarantee that.”

The vendor showed his frustration, “We complied with all of the laws.”

City Clerk Victoria Kupsch then said, “As far as spots in the marina parking lot, that would be a totally different type of license.”

The next person to come up to speak was Resident Marisol Gonzalez and defended the hot dog vendor located on Water Street. Before she could go any further, Petrick said, “We had to remove the stationary peddler and he has other options. The problem was he was taking up multiple parking spaces.” Gonzalez then said, “I see a benefit to have him there. There are not many fast-food places nearby. I have seen many residents on that block who buy food from him (where he parks his cart).”

Petrick spoke up again, “We can’t please everyone, but he can apply for other spots. I think if someone in the beginning saw the spot that he wanted to put his cart, it would not have been approved.”

The meeting was then opened up to Zoom Participants:

The first person to speak was Caroline Pozycki. She referenced Ordinance No. 5 (First Reading) – parking meter zones. “This will have an impact on the residents. The explanation (in the backup material) does not match what is on the agenda. This should be met with total opposition from the Waterfront residents. There is an impact, especially on weekends to the residents on Water Street. Why don’t you put meters on High Street?

Resident Anna Daily spoke next. She thanked the city and the council for their support regarding the Middle Passage Markers. “The volume on Channel 34 is not audible. Is there a new policy and procedures regarding late payments of water bills? I sent my water bill payment a few days late, then I got a notice from the city that my property was up for sale because of an unpaid water bill. I have proof that it was paid.”

B.A. Michael Green responded, “I don’t of know of any new policy. I will talk to the tax collector.”

Daily then repeated, “I was told that if my water bill was not paid by a certain date, my property would go up for sale in a tax bill.”

Council President Bill Petrick assured Ms. Daily that B.A. Michael Green would talk to her to resolve this issue.”

Resident Vince Mackiel spoke next. He read a communication sent to him by Paul Wykoff from NJ Transit addressing Mackiel’s concerns about the Perth Amboy Train Station. After Mackiel read the letter, he urged the council and those who work in this area (between Market and Elm Street) where the bridge has been closed off for a long time. “We need to have that bridge fixed. Everyone should contact NJ Transit and all public officials about getting this bridge fixed.”

Council President Petrick thanked Mr. Mackiel for sharing that letter.

A resident from 144 High Street spoke next. He stated, “I almost got in an accident because of cars parking too close to street corners which block my view. Parking laws are being ignored. This near accident happened about 9:00 a.m.”

Petrick then questioned, “Are you asking about cars that are parked too close to the intersection?”

The resident responded, “There were several cars that were parked too close to the intersection and after counting ten cars that were parked too close to the intersection, I lost count.”

Petrick concluded, “That is why we need to have this issue addressed.”

The council went into closed session at 7:25 p.m. The council returned from closed session at 8:54 p.m. to adjourn the caucus portion of the meeting. The regular council meeting began at 8:56 p.m.

Public Portion on ordinances for a public hearing – In-person first:

No one in-person spoke. When the meeting was opened up to Zoom, Resident Caroline Pozycki spoke first regarding Ordinance No. 1. Re: The Acquisition of water meters for the water/wastewater utility. 

She was concerned why the American Relief funds for our infrastructure was not be used instead of the city issuing $1,800,000 in bonds for this cost. “Why increase our cost when we have the funds to cover this? Other cities are doing discussions on how to use the American Relief Fund. I urge the council to vote “No” on this ordinance.”

Council President Bill Petrick responded, “That was shot down.”

Business Administrator Michael Green then commented, “The $16.8 million in funding that we are to receive are supposed to be used to cover Covid related cost and essential employees. We need the 4,000 meters that is part of this ordinance. It is a payee’s rate money.”

Petrick argued, “But we can we use part of the federal money?”

Green then explained, “$16 million cannot cover what we need. We still have expenditures from the $350 million owed.”

Councilman B.J. Torres said, “It was the businesses that received money – not residents. We turned down revenue when we turned down not having cannabis businesses.”

Councilman Joel Pabon joined the conversation via Zoom. “We should have someone working on getting infrastructure grant money. We lost infrastructure grant money in the past.”

B.A. Mike Green then concluded, “We went to Middlesex County for infrastructure money. We are waiting to see if both parties (Republicans and Democrats) will cut the $3 trillion infrastructure deal.

When it came time to vote on Ordinance No. 1, it was moved by Pabon, seconded by Tejeda. B.J. Torres voted, “No”.

For Ordinance No. 2 – Bond Ordinance providing renovations to the parking deck for the Parking Utility authorizing the issuance of $131,500 in bonds to finance the cost.

The first person to speak on this ordinance from the public was Resident Ken Balut. “We are sitting on $8.6 million. Use this instead of doing the bond and no increase will be needed.”

B.A. Green responded, “This is for the Parking Utility and those using the parking deck and not for all the taxpayers.”

Ordinance No. 2 was moved by Pabon, seconded by Tejeda. B.J. Torres voted “No”. 

Ordinance No. 3 – A bond ordinance providing for various improvements to the water/wastewater utility and issuing bonds in an amount of $3,904,000 to finance part of the cost. 

Ordinance No. 3 was moved by Pabon, seconded by Tejeda. B.J. Torres voted “No”.

After Ordinances 1,2,3 was voted on, Lawyer William Opel said, “Ordinances 1,2,3 did not pass because you need 2/3 of the council to vote “Yes” in order to pass (Councilwoman Rose Morales was absent and Councilman B.J. Torres voted “No”).

For Ordinance No. 4 – Capital improvements in and by the city of Perth Amboy appropriating $7,890,040 and authorizing $6,210,347 to finance part of the cost. 

No one from the public spoke. It was moved by Pabon, seconded by Tejeda. B.J. Torres voted, “No”.

Ordinance No. 5 – An ordinance to amend an ordinance entitled “Designating Restricted Parking Spaces for Use by Handicapped Persons” re: Additions. 

It was moved by Pabon, seconded by Tejeda. All voted “Yes”.

Public Portion on agenda items only – In-person first:

No one spoke in-person. Resident Caroline Pozycki spoke via Zoom, “Can the nepotism ordinance be explained to me. At the time when they were explaining it during the caucus, the audio was terrible, and I could not understand what was being said about it.”

Lawyer Opel read some of the backup material that was attached to the ordinance. “It’s basically to update the ordinance that has been stated in the employee handbook. This is to follow the Best Practices Survey. City boards and city contracts are to be incorporated into the employee handbook.”

The Council then voted on the Ordinances (First Reading – No public discussion)

Ordinance No. 1 – Public Entertainment was moved by Pabon, seconded by Tejeda.

Ordinance No. 2 – Administration of Government was moved by Pabon, seconded by Tejeda.

Ordinance No. 3 – School Traffic Guards was moved by Pabon, seconded by Tejeda.

Ordinance No. 4 – Handicapped Persons Parking re: additions, was moved by Pabon, seconded by Tejeda.

Ordinance No. 5 – Parking Meter Zones was moved by Pabon, seconded by Tejeda.

Ordinance No. 6 – Administration of Government establishing a policy against nepotism, was moved by Tejeda, seconded by Pabon. 

Ordinance No. 7 – Peddling and Soliciting RE: Bayview Park Fixed Peddler location – Removed was moved by Pabon, seconded by Tejeda.

The council then voted on the consent agenda. R-499 thru R-522 and R-224 thru R-527 was moved by Pabon, seconded by Tejeda. R-523 was tabled.

Public Portion In-person first:

Resident Ken Balut spoke first. He read a report he had in his hand regarding redevelopment. “In this report, Kushner was not mentioned at all. The quality of life and illegal housing was mentioned. So far this year, we’ve only had 96 inspections done. The person who is heading Code Enforcement now could not pass the civil service test. If anybody dies because of illegal housing, it is going to be on your (the council’s) hands. Rutgers University did a report on this years ago (regarding illegal housing in Perth Amboy). The police should have a report on illegal housing and any permits issued. This is a safety issue. Code Enforcement needs to be investigated.”

The meeting was then opened up to Zoom participants. 

Resident Caroline Pozycki came on to invite everyone to the final concert in Bayview Park. “There are a lot of great things happening in Perth Amboy this weekend (October 16).”

Council Comments:

Councilman Joel Pabon said, “I want to report about a mugging that happened on Madison Avenue recently. The resident that this happened to said that the police did a great job catching the person who did this (recovering his cell phone). They made this resident very happy.” Pabon concluded, “A lot of good events are going on. Enjoy them while they last.”

Councilwoman Milady Tejeda remarked, “Downtown is looking nice and beautiful and I’m glad to see what is happening.”

Councilman B.J. Torres had no comments.

Council President Bill Petrick said, “Covid is real and serious and dangerous. Get the vaccine! I want to thank all for attending and I want to thank Mike Green for all the reports that he gave tonight. Everybody have a good night.”

The meeting ended at 8:43 p.m.  Councilwoman Rose Morales was out sick for both meetings.