Lawsuit Costs on OPRA Request by Ken Balut
10/10/18 Caucus & Council Meeting
PERTH AMBOY – During the public portion of the 10/10/18 Caucus Meeting, Resident Ken Balut who is also a former Councilman and a retired Police Officer handed the City Council information regarding on an OPRA Request which supplied information on legal bills involving some lawsuits that were brought against the City. He asked why the Mayor had signed the vouchers instead of the Business Administrator. “Who is supposed to sign these vouchers regarding these lawsuits? If you look at each (of the lawsuits) that I gave to you, it’s over our insurance liability. This is out of control. There is a sexual harassment bill that is being proposed by the Senate and Assembly. I’m urging you to support them.” Balut then turned his attention to an ordinance No. 4 (Caucus) which was to amend an Ordinance entitled: Administration of Government regarding background checks. “There should be two background checks including any expungement records.”
One of the OPRA requests that Balut had given to the Council Members to look at was a lawsuit filed by Resident and Businesswoman Susan Batista against the Mayor, Business Administrator, and some departments and over a hundred John Does. “Susan did a lot of her own investigation. I just started to look at some of these suits myself. You (the Council) should file a complaint.”
Acting Business Administrator Greg Fehrenbach answered, “The Mayor can sign off on certain paperwork if it includes Government Management Advisors. Other bills should be signed by the Department Heads or the Business Administrator.”
CFO Jill Goldy then added some comments. She stated that if a bill comes from G.I.F. (General Insurance Funds) and the Business Administrator is not available, the Mayor may sign off.
Councilman Fernando Gonzalez spoke next and stated, “That’s why we need a full-time attorney to review all of these bills (attorney fees). I need to get the bills submitted by the law firm working on the Batista Case.”
Law Director Peter King then spoke up and addressed Ken Balut’s remarks about revealing expunged records, “They can only be presented for certain positions and only certain agencies such as law enforcement can view them.”
Resident and Businesswoman Sharon Hubberman came up to speak, “The legal cost has gone up 20% each year. There’s a lot of litigation (in our town) compared to other towns. Look at other towns who have the Faulkner form of government to see how they present their bill list to the public which is another layer of transparency. Background checks are necessary. But who collects information and who is it submitted to?”
City Resident Linda Ferreira had a question regarding her recent water bill. She wanted to know if the water company had changed, and if so, who are they? “My water bill doubled.”
CFO Jill Goldy responded, “Middlesex Water will mange our water system. Right now, they are doing the billing and collection of fees. This will change, and they will not do the billing and collection in the future, but they will still manage the water system.”
Resident Stanley Sierakowski came up to speak regarding the Batista lawsuit. “There was a cover-up by the Police and the Administration. The attorney should look into this.”
Resident David Caba came up to speak next, “It’s always the Council’s fault. The Mayor is the Police Director. The Mayor is always making statements that are hypocritical. I’ve been here for over 35 years. Wilda will go down as the worst Mayor in the City and this is the worst Administration we’ve had in years. We the people should take over our City. She has been lying for over 10 years. She never puts down the positive things about Petrick (Councilman/Council President). It’s a shame what she’s doing.”
Councilman Helmin Caba asked a question about an article that was written about a sexual harassment lawsuit settled by the City of Perth Amboy in August. Caba questioned, “Who contacted that newspaper? The Administration is trying to cover themselves. We followed the advice of the City’s attorney.”
Fehrenbach responded, “A reporter from a (daily) newspaper contacted us about this (lawsuit) and our response was: “Yes.” The Council authorized the resolution authorizing the payment. This City (Perth Amboy) is a corporation (Mayor/Council). Under the statute, the Mayor has some authority and so does the Council. I read through all of these depositions (involving this lawsuit). There were no discriminatory acts. After all of the choices, this (settlement) was the best decision, and a resolution was adopted to authorize settlement. There was no fault of the City. It was based on the interpretation of the law.”
Rector Street Resident John Katz came up to speak, “You guys (the Council) take a lot of criticism. Fake news is going on. The Mayor is talking about everything but our City’s problems such as our garbage situation and uneven sidewalks which is a problem with bricks (pavers) coming up. I appreciate you guys. I’ve been here when Flynn was the Mayor. Joe Vas was a good Mayor until he went over to the dark side.”
Noemi Velazquez (2nd from right) *Posted in www.politico.com
Resident Alan Silber came up and stated, “We are running the City on diversions and distractions.” Silber then proceeded to read an article regarding one of Governor Phil Murphy’s Aides by the name of Noemi Velazquez. Silber explained that she is a founding member of LUPEPAC (Latinas United for Political Empowerment). Velazquez made very derogatory and bigotry remarks towards evangelicals and other groups of people. She (Velazquez) was suspended for 10 days and must go to sensitivity training. Silber then questioned the Mayor’s press conference at City Hall Circle on 10/3/18. “She had the Police Chief there directing traffic and a sound system hooked up. The Mayor blamed the Council for putting a certain individual on some of the City Boards. He was also on the Mayor’s task force. Some other people that were on her task force were criminals. She once called one of her political rivals a misogynist, then she appointed him to be a City Prosecutor.”
Vince Mackiel came up to speak. He said that he appreciated it that the bill list for July and August were put online, but wanted to know what projects were Centra-State Engineer involved in.
Law Director King said, “They may have been involved in doing inspections.”
Vince Mackiel then had a couple of comments about Buckeye, “With their latest project, there’s no community access (walkways or greenspace) regarding the pipeline. Buckeye has received tax breaks in every state they are in.”
Councilman Helmin Caba then asked a question regarding a restoration bond of $2000 that the City requested from a religious group who wants to use Rudyk Park. Caba said, “This group cannot afford to pay $2000.”
Fehrenbach responded, “That is not unusual. A payment is requested for use of City parks. Other groups have paid more.”
Councilman Fernando Gonzalez spoke next, “There is a chain of command in the Police Department and why was the sexual harassment charge not looked into? Why didn’t the structure not work? Balut is usually right when it comes to these suits (sexual harassment). That’s why we have supervisors.” Gonzalez then went on to talk about redevelopment projects. “Why are we (the Council) responsible for the redevelopment of the church property on Lewis Street? I would like a First Reading Resolution on how to get rid of the Redevelopment Agency and the steps on how to do this.”
Law Director King said, “I will look at this and also go through the DCA (Department of Community Affairs).”
Councilman Helmin Caba addressed Councilman Gonzalez’s last statement. He suggested: “Instead of dissolving the Redevelopment Agency, we should not have the Mayor sit on the Board. Have two Council Members sit on the Board for one year, then rotate them. It would be much harder for the Board to be corrupted.”
Law Director King suggested, “Maybe you can meet with the Mayor to discuss this.”
The Caucus portion of the Meeting ended around 6:25 p.m. The was an executive session and the regular portion of the Council Meeting resumed around 7:15 p.m. Councilman Joel Pabon was not present for the Caucus but was present for the Regular Council Meeting.
Balut was the first speaker during public comments on agenda items only. He referenced Communication No. 12 NJ Department of Community Affairs advising of the NJ Opioid Litigation Municipal and County Survey. He asked, “When will the survey be put out? I heard a girl died in the area of the Cornucopia (under the Victory Bridge). There should be a public notice when people die and in the neighborhood and under what circumstances. The Police and the Mayor hide this. When I was on the Police Force, I would collect the crime stats Monday through Friday from 9 a.m. to 5 p.m. I also talked to a reporter who said it’s been a long time since they received crime stats (from the City).”
Balut then talked about R-444 regarding a $20,000 CDBG Grant from the US Department of Housing and Urban Development for the Raritan Bay Area YMCA-Center for Support, Success and Prosperity located at 392 Smith Street. Balut did not think that location was a great place for a homeless shelter. He suggested if they looked into a church on Cortlandt Street. “That would be perfect. They have the resources there. The Mayor put her head in the sand (regarding the homeless shelter).”
Sharon Hubberman had questions involving tax liens on City property referencing Resolution R-431-10/18 through R-435-10/18. “It may cost the City money because the amount on these specific properties are very small compared to developer’s properties. The bigger violators or entities are not being held accountable.”
Council President Petrick responded, “Some of these properties listed may be bank owned loans.”
Fehrenbach requested that Hubberman give him a list of the properties in question.
Resident David Caba came up to speak regarding the same resolution that Hubberman spoke about. “Where is Rector Street (on the list)? We only go after poor people. I don’t have a problem going after the banks. How many fines did the Rector Street developer get who neglected his property for 10 years? We have to do everything Kushner wants, and he is suing everyone.”
Councilman Fernando Irizarry responded to Caba, “Kushner sued us before he sued Jersey City. Go to Code Enforcement to see how many fines Kushner has received or any liens in the past 10 years. Let the taxpayers know.”
Fehrenbach also responded regarding Kushner properties, “In 2006, Michael Carr, who at the time was City Engineer gave a release of a bond on the property of a 50% value. Between the years 2011 thru 2013 we worked with the Landings and the City still holds a bond on the property. Some of the improvements that Kushner made dealt with the storm sewers and lighting. When Kushner came back with changes from the original plans, they were denied, and they sued us.”
Stanley Sierakowski had a question regarding R-426 going into a closed session at the end of the Caucus Meeting. “The way it is worded is in violation of the Sunshine Law and the explanation is vague.”
Law Director King explained, “When it comes to litigation, it can throw off your (the Council’s) strategy (if it’s worded incorrectly).”
When it came to vote on the resolutions, R-427 thru R-443 and R-445 thru R-446 was moved by Councilman Fernando Irizarry and seconded by Councilman Helmin Caba. R-444 was asked to be pulled for further discussion by Councilman Fernando Irizarry. Irizarry explained that he did not object to this resolution, but he didn’t like the idea of the location being in the heart of the business district (close to schools and churches). “It was first proposed that it was supposed to be a support center. I have nothing against providing for the homeless. R-444 was moved by Irizarry and seconded by Joel Pabon. All the Council Members voted “yes” except for Irizarry who voted, “no.”
During the last public portion, Balut came up to speak. “The Mayor spent taxpayers dollars to squash a subpena to testify against Kushner. She won’t testify for the citizens and she was caught lying on tape. This Administration is doing nothing regarding the Kushner property. The Mayor hollers at those who want to do investigations. $113,000 (in attorney fees) was spent on one of the lawsuits that was filed for $5,000. When lawsuits are filed, you (the Council) should get copies. I get more information than you do.”
Rector Street Resident John Katz came up again, “There are two issues I would like to discuss: the pavers in the City need to be fixed, and we need more police presence from Maple Street to the Five Corners. I agree with Irizarry. Find another place for the homeless. I love you guys, but you can’t act on things you don’t know about.”
Stanley Sierakowski came up to speak about the 4.4 acres of property on Washington Street which is fenced in. And what is it zoned for? The new Council should be brought up to date on any pending lawsuits.”
Sharon Hubberman came up to speak, “As Chair of the Perth Amboy Republican Party, we were denied participation in Family Day.” She continued, “I asked a Pastor what is an Evangelical Baptist Pentecostal, then she went on to explain about an individual on Governor Murphy’s staff and who is also on an educational committee in Perth Amboy. She made derogatory remarks (on a social media post). We don’t need this. The Mayor called me a misogynist and a rapist at a debate.” She then addressed the Council, “You and the lawyer are supposed to support all of us. Remove this antagonism. We are all created equal. As a Republican, we do not engage in this discourse.”
Budapest Resident Linda Ferreira asked, “I have a question about the woman (the one on Murphy’s staff who made the disparaging remarks) who is on a lot of boards and the Mayor has taken many pictures with her. Why has she (that woman) not been asked to step down? The Mayor pits Democrats against Democrats. She dictates what she wants to do. She went after me and I told her she can take my committee seat. Another point is: why aren’t we getting new garbage cans (Budapest Section)? Our streets are wider than the Mayor’s street, but she gets new garbage cans.”
Alan Silber came up to speak, “I want to see if Wilda Diaz put out a press release telling Velasquez (the woman on Murphy’s staff) to resign. They cherry pick from Petrick’s social media posts. The Mayor did not put the positive posts of Petrick’s requests.” Silber gave an example of a post where two boys: one black; one white stating “There’s only one race: the human race.” Another one was the American Flag and the Puerto Rican Flag crossing each other stating “Puerto Ricans are Americans.”
Silber then stated, “I demand that the Mayor resign. Wilda Diaz campaigned at Alameda (in 2014) where one of her supporters worked.”
David Caba came up to speak, “I’ve been here since 1991. I have no more respect for her (Diaz). People say they are not voting for her. People come to me when they have problems. The Mayor has no vision. What are the terms of his (Kushner’s) contract? I’m not just talking about street. Look at the properties. They are disgusting.”
YMCA CEO Steve Jobin came up to speak about R-444 (the property at 392 Smith St. which is the Raritan Bay Area YMCA-Center for Support, Success & Prosperity). He addressed the concerns about the location, “So far we’ve had 3000 case management. Folks need help today.” He then proceeded to read e-mails that he sent to the Diocese of Metuchen inquiring about the use of some of the City churches mentioned as a possibility for use for the center. “There were e-mails back and forth, and each time we were denied the use of any of those church facilities.”
Councilman Fernando Gonzalez spoke next, “We need to see how this is affecting the City in general We seem to be the center for the County to receive this needed population (the homeless).”
Jobin spoke again, “We are starting to see less people, but 90% of the people we service are from Perth Amboy. We’re trying to move them into a more positive position.”
Irizarry was concerned, “When people from other towns learn about this place, they will come here. Those towns where the people are coming from will not do their part.”
Pastor Berny, the Site Director for the Center for Support, Success, and Prosperity came up to speak, “East Brunswick has over 10 homeless people and they (East Brunswick) will be a Code Blue Town and will be taking care of their own homeless population. There are 500 homeless people registered in Middlesex County.”
Resident and Former Councilwoman Lisa Nanton came up to speak, “That was an excellent conversation about the homeless. When I first served on a local assistance board, the hours of the office were very brief.” She then asked, “What is the guideline between political talk vs. defending someone?”
Law Director Peter King answered, “I would not do political attacks at a public meeting. I would do it on the outside.”
Council President Bill Petrick then asked, “What about having rallies on City property and using the city seal?”
Fehrenbach answered, “To use the city seal at a political rally is not a permitted use.”
Councilman Helmin Caba asked, “Can a special meeting be scheduled to talk about the rezoning?”
Councilman Fernando Gonzalez questioned, “Why have a special meeting about rezoning without having a specific topic?”
Irizarry talked about the new law to legalize recreational marijuana, “I’m not in favor of recreational marijuana legalization. The local excise tax is 2%, but it should be increased, and we should send a letter to our legislatures that cities should be required to opt in. We should draft a letter that we don’t want to have marijuana sold here.”
