11/21/22 Caucus & Council Meetings

By: Carolyn Maxwell
PERTH AMBOY – The caucus started off with a presentation by Renee Skelton who is the Chair of the Historic Preservation Commission. She stated that the grants available are few and far between. “There is a lot of competition for this money for items that are already on the State Register. Sunshine Alley does not qualify for those grants. I tried to push Sunshine Alley into a qualified category to recognize that it should be on the National Register. We were told that it should be a part of a larger range of historic streets. Cobblestone and Butcherblock are unique. You asked what is the restoration plan. It will cost between $25,000 to $30,000 to restore the alley. We got a $7,500 grant for the whole year thanks to the OECD. There are certified local governments who do a good job at preserving their history and they are eligible to receive grants between $25,000 to $30,000 each year. We are trying to revive our ordinance to make the HPC work better. We’ve used the State Preservation Historical Society and lawyers familiar with preservation and other towns (with an active HPC) to consult with. We are an advisory board and not regulatory. We report to the Planning Board. Our objective was to list our historic landmarks. We’ve had demolitions and destructions happen because they were not listed as historic sites. A revision of the ordinance will give us more guidelines and we’ve used some of the information from other HPC’s cities. Business Administrator Greene was more concerned about protecting private property sites. We do not have eminent domain rights. We should have meetings to decide what we want to do. We can’t force ourselves on anyone. We need to put this revision on the agenda and time is running out. Council President Petrick has tried many times to put this on the agenda.”

Council President Petrick responded, “We can introduce this ordinance tonight when we go into closed session.” He also responded, “Yes,” when Skelton asked him if this will be on the agenda for first reading tonight.

Skelton continued, “New Jersey has a $3 billion tourism industry. I volunteer at the Proprietary House, and we get people coming to visit from all over the State of New Jersey. The Proprietary House is the number one tourist attraction (in the city) and we can work with the local businesses. Perth Amboy was chosen to participate in the 250th Anniversary of our Country in two years. We are economically disadvantaged and need every opportunity to showcase our town.”

Councilman Joel Pabon spoke up, “I was surprised that no one talked to you about Sunshine Alley until you saw it being discussed on a Zoom Meeting.”

Law Director William Opel then spoke up, “The council wanted to appropriate funds for bids to do the work.”

Skelton then explained, “If the council looks at the amendments to the ordinance, the red markings are additions, and nothing has changed from the original ordinance.”

Councilman B.J. Torres then spoke up, “What will be the maintenance on the alley? How much will it cost? And what are the plans for the alley?”
B.A. Greene responded, “When we have our walking tours, the alley could be included.”

Torres continued, “This can be an investment to boost our history and culture, but we need to have a return on our investment.”

Skelton then reminded the council, “The historic value of the town is part of the Master Plan.”
Petrick then spoke up and said, “That will come out of the Planning Board.”

Councilwoman Milady Tejeda spoke up next, “What does that entail to make us eligible to get historic grants?”
Skelton stated, “The most important thing is that you need to make appointments to the HPC. We are behind.”

City Clerk Kupsch spoke up, “We are behind in all municipal appointments.”

Petrick stated, “They need to be reappointed quickly and applicants interviewed. Board appointments were supposed to have staggered expiration dates.”

Opel responded, “We tried to have expired staggered dates on all boards.”

Kupsch ended the discussion and said, “There was an ordinance to make all terms expire in the calendar year.”

Next on the agenda was Towing Suspension appeals.

The first person to speak was a Police Captain. He stated, “There was a letter sent to A.T. Towing regarding charges because of fees that were issued. Overcharges included storage and cleanup fees.”

Councilman Pabon said, “Did Adele Tawfik (the owner of A.T. Towing) accuse his employee of theft by overcharging for fees? Action should have been taken immediately instead of after a year when the complaint was made.”

City Clerk Victoria Kupsch spoke up, “The towing contracts were signed in late September and contracts had not been issued in many years. “

Pabon then asked, “Why was a towing contract given to A.T. Towing while they were being investigated?”

Law Director Opel then explained, “There is a rotating list of towers. There is an investigation going on and it is not a suspension.”

A second police officer came up to speak, “When people complained about overcharging fees is when we investigated.”

Adele Tawfik from A.T. Towing came up to speak. He said, “It wasn’t until July 2022 that I was made aware of employee theft. Once I was made aware of it, the money that was overcharged was given back to the person whose car was towed. I’ve had to have an auditor come in. We should not be penalized for something we weren’t aware of. A forensic auditor is going through all the paperwork before any criminal charges can be filed against our employee. We were not on the city contract list when the money was stolen from us.”

Councilwoman Rose Morales asked, “Were there any prior incidents with this towing company?”

The Police Captain said, “I will look.”

Opel spoke up again, “We haven’t had towing contracts for a while.”

Councilman Torres then remarked, “We need to have our own towing lot. This affects our whole community (insurance). We need to have a cohesive plan going forward when it comes to towing vehicles.

B.A. Greene responded, “The previous administration had no towing contracts.”

A representative from Scott’s Towing came up next. He stated, “We need to get a copy of the investigation. I was not aware of this, and we need to prepare for what we need to present.”

Council President Petrick responded, “I’m surprised that Scott Towing did not get any paperwork regarding a suspension since Tawfik got it.”

Tawfik responded, “I did not get it. I only got it through my lawyer.”

Opel ended the discussion, “If the council has no objection, we can reschedule the hearing and you have twenty days to render your decision.”

The council then discussed the ordinances. Pabon was concerned about Ordinance No. 5 – Using $465,000 from ARPA Funds for the restoration and paving of Sunshine Alley. “We need to check with the engineers on how it will be renovated, and we need to see the detailed paperwork. Let’s not spend more money than we should have.”

There were questions regarding an item under bids. Maria Rivera from the Purchasing Department explained that the RFP’s for a Public Defender for $350 per session and a Conflict Public Defender for $350 per case, there should only have been one bid, even though it went out twice for bids.

B.A. Greene explained, “We are putting out a bid for another prosecutor since you rejected the one on the last agenda.”

Victoria Kupsch spoke up, “The HPC Ordinance Amendment will be added as an Ordinance No. 3 for the first reading tonight.”

Councilwoman Tejeda had a question regarding Ordinance No. 1 (first reading) – Administration of Government regarding residency of officers and employees. “Will this be only for people from Perth Amboy?”

Petrick explained, “This is removing some streets due to the fact there are no more residents living on those streets and that there are certain positions that do not require residencies.”

Discussions then moved on to the Resolutions. City Clerk Kupsch made a correction on R-545-11/22 – Public Hearing and adoption on the 2023 Perth Amboy Business Improvement District Budget. “You have to remove the word “adoption” because the BID did not adopt their budget, yet.”

Council President Petrick then spoke about R-547-11/22 – Insertion of revenue in the CY: 2022 Budget for the National Opioid Settlement in the amount of $36,102.75.

“At the League of Municipal Conference Meeting, they offered municipalities free Narcan.”

For R-559-11/22 – Authorizing a contract to purchase food gift cards from Wakefern Food Corp. in the amount not to exceed $400,000.

Council President Petrick asked to table, and Joel Pabon seconded that motion.
There was a discussion on R-560-11/22 – Authorizing a contract with Hanan A. Boulas, Esq. to represent the City of Perth Amboy as a Public Defender and a Conflict Public Defender for the period commencing January 1, 2023, and terminating December 31, 2023, in an amount not to exceed $37,100.”

Petrick asked, “Do we have more than one public defender?”
Maria Rivera from the Purchasing Department came up, “It always has been advertised that way, and usually the Conflict Public Defender would be another person.”

Greene then talked about R-561-11/22 – A contract with Holiday Outdoor Décor for the purchase of Hometown Hero Light Pole Banners in an amount not to exceed $43,068. “This would be for 200 banners.”

Rivera added, “The OECD and the BID will be funding this project and split the cost between the two of them.”

Fire Chief Ed Mullen came up to explain R-563-11/22 – A refund of a Fire Safety Permit of $54 to El Caribe Multi-Services for a property located on 329 Maple Street.

“This is because they couldn’t use a hotplate.”

He went on to explain R-565-11/22 – A contract with Witmer Public Safety Group for the purchase of a Lion Bullseye Fire Extinguisher Training System in the amount of $47,371.57.
“$17,000 of this money will be for training. This system can be taken to different events to teach the public how to safely use fire extinguishers. Some of the features will include glowing flames and would be acting as if it were an actual fire-. We can see if it has a warranty along with it.”/

There was a brief discussion on R-568-11/22 – A change order to the contract with Z Brothers Concrete Contractors for Street Improvement to Sadowski Parkway on High Street for $62,870.58.

Greene explained, “That had to do with the conditions of the field.”

Opel then added, “It will also help pay for additional traffic control officers.”

Petrick then said, “There is a lot of debris, rusting, and leaves on Sadowski Parkway.”

There was a discussion regarding R-569-11/22 – Authorizing payment to essential workers in an amount not to exceed $485,000 which is being funded through the American Rescue Plan Act. (This resolution was put on the agenda by Council President Petrick)

Councilwoman Rose Morales spoke first, “At a previous meeting, they said that we can’t do this.

Law Director Opel responded, “The mayor and administration can only do this. The council can only do a resolution supporting payment.”

Petrick responded, “The mayor hasn’t acted, so we have the authority to do this.”

Opel disagreed, “The council cannot authorize payments.”

Councilwoman Tejeda spoke next, “I have no problem with this resolution except for a small item in Section No. 3.”
Pabon then spoke up, “This should have been a resolution coming from the administration.”

Petrick responded, “I don’t care who takes responsibility for this as long as it is done.”

B.J. Torres then passionately pleaded to the city employees, “We are trying to get this money to you that you deserve. It is your money.”

Greene then spoke up, “There are some people (employees) who also applied for disaster relief.”

Pabon suggested, “Any people that we have any doubts about you need to put them aside.”
Morales was adamant and said, “We need a definite date when employees will get their money.”

Torres was adamant when he said, “We should table all ARPA funds until the funds for the employees are given.”

Petrick spoke up, “Now, it is splitting hairs. Who will give out money to authorize payment to the employees – the administration or us?”

B.A. Greene then responded, “We have to be good stewards for these federal funds.”
Public Portion (In-house first):

Resident Mel Ramos spoke first, “The 1683 Society has guidelines when it comes to preserving stones for Sunshine Alley. We have information from Nantucket. You have to appreciate our history and preserve the history of Sunshine Alley.”
The meeting was open to Zoom Participants. The only person to speak was Resident Maria Garcia, “We have been asking for 30 years to repair Sunshine Alley. In other countries, they preserved their historic cobblestone roads, and we should do the same.”

The council went into closed session at 7:35 p.m. and came back at 7:58 p.m. to resume the caucus meeting and at 7:59 p.m. they adjourned the caucus meeting. The council meeting began at 8:00 p.m.

The meeting was opened up to the public for agenda items only. No one spoke in-person. On Zoom the first person to speak was Resident Sharon Hubberman. She asked, “Why is there a moratorium from doing any road repairs from December 1, 2022, thru April 1, 2023?”

Business Administrator Greene explained that no work can be done due to bad weather conditions.

The next speaker on Zoom was Resident Jeremy Baratta who questioned the positions for Public Defender and Prosecutors. “Why couldn’t you find a local resident for those positions?”

Council President William Petrick stated, “There was only one bid.”

Baratta continued, “When I attended the League of Municipalities, I spoke to two local people who were interested in both of those positions. Maybe you should advertise those positions again. I’ve looked at a lot of those bid packets and they were not filled out correctly. There were fatal errors in their bids which made them invalid.”

Law Director Opel addressed this, “Most were RFP’s and the questions were answered satisfactorily.”

Next was the public portion on ordinances that had their own public hearing. The one ordinance which drew a lot of attention was No. 5 – Appropriating $465,000 from ARPA Funds for the restoration and paving of Sunshine Alley. All those who spoke about this were people on Zoom.

Resident Maria Garcia spoke first, “This is a lot of money, but it is due to the fact of a lack of maintenance for many years. Costs will continue to rise if it is not fixed. Preserve it like other towns do.”

Councilman B.J. Torres responded, “We should table this until we can allocate money to our city employees, and we need a comprehensive plan (for these repairs).”

Council President Petrick then spoke up, “I feel we talk a lot about our history, and we have lost historic properties already (Eagleswood, Copperworks Building).”

Torres spoke again, “We lost over 70% of our historic sites in 30 years. If we had a plan, we could preserve more. It is putting the cart before the horse.”

Sharon Hubberman spoke next via Zoom, “What technique will be used to preserve the alley? It has to be moved in mind with conservation. I am in favor of restoration, and we need a method to preserve the Alley. Will they reuse the cobblestone?”

Petrick answered, “They will remove the cobblestone, lift it up, a base would be required and recompress and stabilize the roadway. It will cost more as time goes by. They may use the original blueprints.”

Caroline Pozycki spoke next via Zoom, “We should look at the priorities of our community. An organization of tiny membership goes in front of our employees. This will not benefit the community. What about our arts, children, and families? I’m appalled. There was no public hearing on this cobblestone which is behind the mayor’s house.”

The next speaker on Zoom was Jeremy Baratta, “There has been 30 years of neglect. I showed Sunshine Alley to someone who is interested in our historic sites. These ARPA funds were to be used to create jobs. It is an economic depressed area. This will increase the ambiance. Those property owners also pay their taxes. Take care of the Alley. It is part of the infrastructure and neglected roadways. Why punish those residents because the mayor lives on that street? Pass the ordinance.”

The council voted on the ordinances:

Ordinance No. 1 – Water/Wastewater Improvements issuing bonds in the amount of $1,500,000 – was moved by Pabon, seconded by Tejeda. The only person to vote “No” was Torres.

Ordinance No. 2, 3,4 was moved by Pabon, seconded by Tejeda.

Ordinance No. 5 – Sunshine Alley – was moved by Pabon, seconded by Tejeda. Councilman Joel Pabon abstained. B.J. Torres voted “No,” motion passes.
There was a correction made on the bids. The RFP for Public Defender and Conflict Public Defender. Conflict Public Defender was removed from the bids.

Ordinance No. 1 (First Reading) – Administration of Government regarding residency of officers and employees was moved by Pabon, seconded by Tejeda. When it came time to vote, Morales and Tejeda voted, “No.” motion passes.
Ordinance No. 2 (First Reading) – Streets and Sidewalks – was moved by Pabon, seconded by Tejeda.
For the consent agenda, R-545 thru R-558; and R-560 thru R-568 was moved by Pabon, seconded by Tejeda.

R-559 – Authorizing a contract to purchase food gift cards from Wakefern Food Corporation in an amount not to exceed $400,000. was tabled.

R-569 – Authorizing payment to essential workers in an amount not to exceed $485,000 which is being funded through the American Rescue Plan Act. It was moved by Pabon, seconded by Petrick.

Before they voted individually, one of the council members asked for clarification.

Councilwoman Tejeda wanted more details.

Torres said, “We made the move, and the employees deserve their money, and not just talk. This could have been done months ago, and the mayor didn’t do anything.”

Law Director Opel responded, “The council doesn’t have the authority to authorize payment. It can be challenged.”

Petrick responded. The Administration can cure this.

Opel then said, “I can’t sign the resolution as presented.”

When it came to vote for R-569, Tejeda and Morales voted “No”.

R-570 – 11/22 – Have free parking from 11/25/22 to 1/1/2023 – was voted on to be put on as a late-starter. It was moved by Pabon to be put on the agenda, seconded by Tejeda. When it came time to vote on it, it was moved by Pabon, seconded by Tejeda. All voted, “Yes”.

There was a hearing on the BID Budget, but no one spoke.
Public Portion: No one spoke in person. The only person to speak via Zoom was Resident Sharon Hubberman. “I want to thank the Perth Amboy and Woodbridge Police who caught the robbery suspects of those catalytic converters. I wish all a Happy Thanksgiving.”
Council Comments:

Councilwoman Rose Morales thanked all who participated tonight and mentioned that there was a Puerto Rican Flag Raising and they had a wonderful event afterwards. “We have the Holiday Parade coming up, and we hope everyone has a safe Thanksgiving.”

Councilman Joel Pabon mentioned a truck that was stuck at Dalton Park.

Business Administrator Greene responded, “There might be a lawsuit necessary.”

Pabon continued, “The holes should have been filled with sand. There have been two meetings in a row, and nothing has been said about the Patterson Street Alley. That is another promise broken. Have a beautiful and healthy Thanksgiving.”

Councilwoman Milady Tejeda said, “Have a happy and healthy Thanksgiving. I want to thank everyone who participated tonight.”

Councilman B.J. Torres wished all a happy and healthy Thanksgiving. He then talked about attending the League of Municipalities and that he and Councilwoman Morales attended a program on the film industry. “I attended a program regarding the cannabis industry. Do we need money? And do we have a lot of empty storefronts and buildings? In the first quarter, the state took in $4 million in the growing cannabis industry. We need a Cannabis Review Board for the community to see how it will help with our tax revenue and community partners. Hoboken has been very creative, and I will give you updates (on what they have done).”

Council President William Petrick said, “19 people participated tonight. Have a happy holiday and a safe and blessed Thanksgiving. Remember that Covid is still out there.”

The meeting was over at 9:02 p.m and all council members attended in person at both meetings.