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Problems Continue

7/8/20 Caucus & Council Meetings via Teleconference

By: Carolyn Maxwell

PERTH AMBOY – During the 7/8/20 Caucus portion, a question was asked regarding Resolutions R-231 – 7/20 – A Contract to Hoagland, Longo, Moran, Dunst & Doukas to provide defense of the city in tax appeals before the Middlesex County Board of Taxation in an amount not to exceed $65,000. And R-233 – 7/20 – A service agreement for the company Boggie & Boggie LLC to provide defense of the city in tax appeals as needed in conflict cases in an amount not to exceed $8,000.

Business Administrator Frederick Carr explained that for Resolution R-233, “Those attorneys are working for clients, and not the city. They are backup attorneys.”

Director of Human Resources and the Department of Recreation Ken Ortiz was on the conference call to explain R-234-7/20 – An agreement with the Perth Amboy Youth Football League for the organization and operation of the Youth Football & Cheerleading Program from January 1, 2020 to December 31, 2020. Ortiz explained, “This wasn’t included in the temporary budget. The equipment has to be ordered beforehand. It’s reimbursement for their upfront cost.”

Council President William Petrick and Councilman Fernando Irizarry questioned why there was a difference in R-236-7/20 – A contract with Northeast Roof Maintenance for the repair and reinforcement project at the Clock Tower at the Simpson Methodist Church in an amount not to exceed $385,700. “In the bid for the repair and the reinforcement, the amount was $360,000. How come in the resolution, it’s more money?”

DPW Director Frank Hoffman went on the conference call and explained, “There were added costs for options or extra costs added for unforeseen problems. The architect included this (the options) in the report.”

Council President Bill Petrick asked that R-237-7/20 – Increasing the bid threshold to $44,000 pursuant to N.J.F.A. 40A:11-3 commencing July 1, 2020 and terminating June 30, 2025 to be tabled. 

B.A. Frederick Carr explained R-238-7/20 – Consenting to the designation of Maria Rivera as a Public Agency Compliance Officer for the city of Perth Amboy effective August 1, 2020 thru December 31, 2020, “She would be reviewing some of the city contracts.”

Petrick had a problem regarding R-244-7/20 – Payment to Peter J. King for legal services rendered in 2019 beyond the regular duties of the Director of Law in the matter of the City of Perth Amboy vs. Elaine M. Flynn in the amount not to exceed $9,677.50.

Petrick explained, “We (the council) put the referendum on the ballot (50%+1 of the votes) and they (the mayor) did not win the lawsuit. The voters passed this unanimously. The mayor wanted it overturned and the judge said the initial decision was correct.”

Councilman Helmin Caba then spoke up, “It (the mayor’s lawsuit) was rejected twice by two different judges. The taxpayers should not have to pay for this.”

Petrick moved to table R-244. It was seconded by Councilman Caba.

There were 3 resolutions (late starters) added during the caucus: R-252-7/20 – Appointing Stephanie Márquez-Villafañe to the Zoning Board of Adjustments. R-253-7/20 – Appointing Justin Ross to the as Alternate #2 to the Zoning Board of Adjustments. R-254-7/20 – Insertion of Green Acres Grant for the amount of $258,000.

Council President Bill Petrick asked if the Council wanted to make any comments (before the public portion).

Councilman Helmin Caba spoke, “Someone had said at the previous meeting that the council is ignoring citizen complaints and how will it be different if someone else becomes mayor.” Caba went on to explain, “The council does not have the authority to enforce our laws.” He then briefly talked about the presentation that was made earlier in the caucus regarding as CSO (Combined Sewer Overflow) Long Term Control Plan. “This will not only involve Perth Amboy, but municipalities around us have to comply with regulations set forth the by the DEP. These regulations will involve safeguarding our beaches. If surrounding municipalities don’t comply with the regulations that will affect our beaches, the city will be basically just throwing money away.” Caba then continued and spoke about Governor Murphy mandating that masks be worn (even when you’re on the outside). “How will that be enforced?”

Business Administrator Carr explained, “We’re still waiting for the governor’s guidance and I don’t think we need a COVID-19 mask police.”

Councilwoman Milady Tejeda spoke next, “It’s mandatory to wear a mask when you enter a restaurant, yet I’ve seen people enter restaurants without masks and sometimes the servers are not wearing masks. We will end up like Florida or California.”

Councilman Fernando Irizarry said, “No comments.”

Councilman Joel Pabon spoke next, “People are still complaining about loud music, speeding, and loud vehicles. “We need to send a message.” He then mentioned the problem on the south side of Elm Street near the train station, “There is grass there that must be 3 feet high in the area between 40 ft – 50 ft. I can probably get my own lawnmower and cut that grass in a couple of minutes. Let’s take care of our residents.”

Council President Petrick then asked B.A. Carr if the DPW can take care of the grass on Elm Street on a regular basis.

Public Portion:

Resident Jeremy Baratta came up first. He questioned R-231. “They are demanding too much money per hour.” He then questioned R-232 – A contract with Queues Enforth for the maintenance of 9-11 Dispatch and Recordkeeping software for the police computer system for the period of July 1, 2020 to June 30, 2021 in the amount of $41,676. “Look at this closely. This company is located in Massachusetts.” Baratta then questioned, “When will City Hall be open for meetings? When will Zoom Conferencing calls end?”

Petrick responded, “We have to have a date when the COVID is ending.”

Baratta continued, “The government has to open, and people can take their own risk if they want to come to a meeting in person.”

Petrick responded, “The number of people who can come to a meeting is limited, and we are looking for a bigger venue to hold the meetings.”

OEM Director and Deputy Police Chief Larry Cattano came on the line to talk about R-232. “We have been using this company (Queues Enforth) since 1992. They come into town to do upgrades every year or once every two years. They have trained our personnel and upgrades are included in their costs.”

The council went into closed session at 7:06 p.m. They returned at 7:30 p.m. closed the caucus and took a brief break. They opened the regular council meeting at 7:55 p.m.

The first order of business was the Hearing of Citizens for 8 minutes with Jeremy Baratta of J. Baratta Industries who spoke about the Business Improvement District Programs and Services. Baratta stated, “My company had a lawsuit against the BID because of an OPRA violation which was finally done today. I filed a second lawsuit against the BID. There are 16 members. Wilda is a Board Member, but Jeanette Rios is the Mayor’s alternate in case she can’t attend the meetings.  Only 4 members were elected and a lot of times they don’t have a quorum for the meetings. The March, April, and May meetings were cancelled because they weren’t filed in accordance to the sunshine laws. The meetings that were held – their minutes were not posted. A First Constitution Bank Member is on the Board. The EIN Number is not noted. Noelia is still a city employee. The council has no involvement in the BID. The BID has given Colon a cell phone. They are blaming you guys (the council) for Colon’s executive position in the BID. Colon is getting $100,000 a year, but doesn’t have the qualifications for the Executive Director job. You (the council) can shut down the BID.”

After Baratta spoke, the council voted on the ordinances. Ordinance No. 1 (public hearing) – Regarding Management and Nonunion salary and salary ranges was moved by Councilman Irizarry and seconded by Councilman Joel Pabon. When polled separately, everyone voted “Yes” except for Council President Bill Petrick who voted, “No.” For Ordinance No. 1 (First Reading) – Adding a loading zone on New Brunswick Avenue. It was moved by Councilman Irizarry and seconded by Councilwoman Tejeda. Ordinance No. 2 (First Reading) – Designated restricted parking spaces for use by handicapped persons re: additions. It was moved by Irizarry and seconded by Caba. Ordinance No. 3 (First Reading) – Administration of Government re: Division of Engineering was moved by Irizarry and seconded by Pabon. 

Public Comments:

Baratta questioned Ordinance No. 1. He asked Carr if he could name the people, department, and the position they are in for those people who received a 5% or more increase in their salary.

Carr stated, “The Assistant Municipal Clerk, a Payroll Supervisor, and a Recreation Supervisor, but no one is in that position right now.”

Baratta then questioned Law Director Peter King’s legal bills, “King is the full time City Attorney. If he has to farm some of his work out to another attorney, King gets a referral fee. He can’t submit a full bill to the city when farming work out.” Baratta then questioned the council, “What are you going do about businesses in the BID that are not legitimate companies?”

Resident Maria Vera spoke next, “I agree with Councilman Pabon regarding people in cars playing loud music and not following regulations. Down the waterfront, people are ignoring the yellow lines on the curb and parking illegally. They block sidewalks by having their cars in the driveways. They also park where the fire hydrants are. We have houses with a lot of garbage. People try calling Code Enforcement and no one answers the phone. Perth Amboy is going backwards, and our downtown is filthy. Why paint yellow lines on curbs if people are not going to obey the laws? It’s dangerous when people park too close to the corners. Our police officers are not being properly trained. They need to walk and talk to the people in the community.”

Petrick responded to Vera, “The mayor is the Police Director and is in charge of Code Enforcement. I feel your frustration. We are spiraling out of control.”

Resident Justin Ross came up next, “I want to thank the council for considering appointing me to the Zoning Board of Adjustments. I emphasize with Mr. Pabon and Ms. Vera. I’ve lived here most of my life and never had to call the police as much as I have to now, but now they always blamed the situation on COVID-19. We are talking about our public health and unsanitary conditions of some of the houses. It’s best to forward any communications to the City Clerk.” He ended by stating, “The audio for Business Administrator Frederick Carr is garbled.”

When it came time to vote, Resolutions R-237 and R-244 were tabled. The Consent Agenda was R-230 thru R-236, R-238 thru R-243, and R-245 thru R-254 were moved by Councilman Irizarry and seconded by Councilman Pabon.

Public Portion:

Resident Jeremy Baratta spoke first and asked, “Who was the Public Compliance Officer before Maria Rivera?” He then talked about Stateside Company (the company that was hired to do PR work for the city and was paid $17,499.99). “They don’t even have a stamp. When you go to a company and open up a business, they give you the checks with the binder, folders and your slips to fill out. They also give you a stamp with your company name on it and address. Wilda gave her campaign people a PR job.” Baratta then addressed Councilman Irizarry, “You voted to pay someone who worked on your campaign. I’m going after everyone who voted to pay Stateside.”

Petrick answered Baratta’s question and stated, “Gary Muska is the current Compliance Officer.”

Former Councilwoman Lisa Nanton came up next and addressed the COVID-19 situation, “I hear they can furlough employees (and hold off on giving raises). We can’t afford to give raises. Businesses need to open up first and make money.”

Council Comments:

Helmin Caba said, “We don’t ignore citizen’s complaints. We pass them on to the administration so they can enforce the laws.”

Fernando Irizarry had no comments.

Joel Pabon urged residents to continue to be safe, “Enjoy yourself, watch out for your kids. Have a safe weekend.”

Milady Tejeda told everyone, “Wear your masks when going into a restaurant. Be safe and take care of yourselves.”

Council President William Petrick said, “Many people are not wearing their mask properly. It is important to cover your mouth and your nose – not your chin. Stay safe and be well. We had a lot of discussions about people speeding, noise, and enforcing the laws. Code Enforcement needs to answer these complaints. The quality of life needs to be addressed by the police and Code Enforcement.”

The meeting adjourned at 8:45 p.m.

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