6. The Amboy Guardian *November 18, 2020Happy Thanksgiving!
By: Carolyn MaxwellPERTH AMBOY – There wasquite a discussion involvingOrdinance No. 1 – “Administrationof Government” Re: MunicipalProsecutor.Councilman Fernando Gonzalezstated, “Law Director PeterKing said this is contrary to thelaw.”King then responded, “Themayor can choose anyone shewants to this position. You (thecouncil) can preclude the personfrom being appointed foranother 3 years if you reject thatapplicant. You are also precludingthe new council membersfor voting for the applicant thatyou previously rejected."Council President WilliamPetrick spoke up, “We want tochange this ordinance so the applicantthat was rejected by thecouncil can reapply again after2 years. The applicant can stillgo to other towns to apply (forthe same position) plus they stillhave their own law practices.”Law Director King then continued,“You have to have a supermajority (at least 4 votes) toreappoint someone regarding a60-day extension.”Irizarry then spoke up, “Wehave plenty of attorneys, but notmany who applied for this position(municipal prosecutor) arefrom the city.”King then said, “Many prosecutorsdon’t want to live in thetown where they work.”Petrick questioned King’sremark noting many city employeessuch as police officersinteract with people whom theymay have had an unpleasant encounterwith.The next topic for discussionwas Ordinance No. 2 (FirstReading) – Vehicles and TrafficRE: Addition of a loading zone– 576 New Brunswick Ave.(Domino’s Pizza).Councilman Joel Pabon stated,“They are requesting an areathat would be maybe 2 parkingspots. They are looking at somespace on Lawrie Street also.They want this loading zone for7 days a week from 5 a.m. to 12a.m. There is no parking therenow.”Irizarry then spoke up, “Theyare also asking for a 60-footloading zone. The other placethat requested a 60-foot loadingzone was turned down. Whydoes this new applicant need 60feet?”Celestina Ramos, Directorof the Perth Amboy ParkingUtility came up to answer thatquestion. “I have seen deliverytrucks and NJ Transit parkingthere. It is necessary for thatbusiness to have that muchspace due to the length of theirdelivery trucks. I don’t knowwhat was done before (they requestedthe loading zone). Adesignated area would be betterfor their deliveries. I will talk totheir manager about how muchspace they would need for theirdelivery truck.”The next discussion was regardingR-438 – 11/20 – Approvingthe transfer of CY:2020 Budget appropriations inthe amount of $217,566.Petrick questioned Law DirectorKing if there were fundsavailable in King’s account forthe council to use money for alawyer.King responded, “The councilhas $25,000 in their account. Itmay have come out of my account(the funds the councilused to pay for lawyer’s fees inthe past).The next discussion involvedR-441-11/20 – Hazardous dischargesite remediation for agrant to perform the remedialinvestigation and medial actionactivity on the former HarryGoldberg and Son Scrap Metal.Human Resources DirectorKenny Ortiz came up, “This isadditional work that needs tobe performed in accordance towork required by the NJDEP.There has to be testing and a demolitionof small building and atest for asbestos. We are gettingmoney from the DEP. We needto get permits and we are doingeverything additional that theDEP is requesting. We completethis project by the end of 2021.”Councilman Joel Pabon questionedR-446-11/20 – RoadImprovements (Fayette Street,Kelsey Avenue, and GornikDrive) in an amount not to exceed$13,275.55.Joel Pabon asked if work willbe done this year.DPW Director Frank Hoffmancame up to speak, “Thework was done. Additional basework that had to be completed.We also hope to start workingon Commerce Street this week.Other streets are on the list willbe done if weather conditionsare favorable.”R-448-11/20 – An agreementbetween the city of Perth Amboyand Habitat for Humanityof Greater Plainfield and MiddlesexCounty to Morris Habitatfor Humanity.Tashi Vazquez came up to explain,“In 2019, the Office ofEconomic Development gave asum of $72,827 for this project.The house being built will begiven to a Veteran. The Plainfieldand Morris Habitat for HumanityOffices merged.”R-449-11/20 – Authorizingthe Purchase of a used LadderTruck from the Fire & SafetyServices in an amount not to exceed$15,000.Fire Chief Ed Mullen came upand told the council that he presentedthis at a September meeting.“A pump and aerial testneeds to be performed beforepurchasing this truck.”OEM Coordinator Larry Cattanocame up to explain R-451– 11/20 – A shared servicesagreement with the Township ofWoodbridge to utilize the townshipdigital trunk radio systemfor public safety and other radiocommunication needs. “We aregetting funding from the state.This is to renew the agreementfor another 5 years to use theWoodbridge band.”Council President Bill Petrickquestioned R-459-11/20 – Arefund of inactive water/seweraccounts totaling $711.62 toRaritan Bay Medical Center. Hequestioned, “Are they all paidup? Because they owed us a lotof money from the past.”Interim B.A. Perkins said shewould look into this.Old Problems Resurface11/9/20 Caucus & Council MeetingsCouncilman Irizarry questionedR-462-11/20 – Authorizingthe 2020-2021 renewalof inactive plenary retail consumptionlicense held in thename of Aris Lounge located at829 Amboy Ave. effective November10, 2020. Irizarry wasconcerned because there was aproblem there in the past.Petrick suggested a restrictionbe placed on this establishment.City Clerk Kupsch spoke up,“This is a different owner thanthe person who had it whenthere was a problem there. Plus,this is an inactive license.”Law Director Peter Kingspoke about R-463-11/20 – Suspendingplenary retail consumptionlicense held in the name ofSeabra’s Armory at 200 FrontSt. for 15 days. King explainedthat the suspension would start30 days from tonight to give theowner a chance to appeal the ordinance.Petrick then asked if anybodyhad any questions on the communicationbefore they go intoa closed session to discuss personnel.King responded, “Unless therewas anything else besides personnelfor closed session, Ms.Perkins requested that her employmentbe discussed in theopen instead of in a closed session.”Irizarry then asked Ms. Perkinsand Law Director King ifshe agreed to waive her RiceNotice.Ms. Perkins was adamant thatthis be discussed in an open session.Council President Bill Petrickthen spoke up, “At our lastcouncil meeting, we agreed toterminate her (Perkins) effective10/28/2020 per our ordinancewith a 4-1 vote. The mayor reappointedher on 11/3/2020. Wehired a lawyer to see whetherwe are in the right or not.”King then spoke up, “Perkinswas appointed under the old ordinance.The council amendedthe ordinance so the mayor canreappoint that person for another60 days that you (the council)would have to approve that reappointments.”Petrick continued, “I consultedwith other lawyers aboutwhat powers we (the council)have regarding reappointment.”Councilman Pabon wasn’thappy, “We are in the middle ofan election and there is no needfor us to do this. The mayor isactively campaigning, and weneed to have stability. We’ll bespending money on an attorneyfor a short period of time fora new B.A. If we have a newmayor, they will need to knowwhat is going on.”Irizarry then questioned,“How long will this appointmentbe?”King responded, “It would befor 30 days,” explaining this isdue to the circumstances of therunoff election, if need be. “Alldepartment heads and other appointmentswill be made if thereis a new mayor. Those who arein these positions already maybe held over unless a new mayorcomes in to replace them.”Councilman Helmin Cabathen spoke up, “We need to dowhat is best for the city. It’s notworth it to pursue removing anInterim B.A. for a short periodof time.”Councilman Irizarry spoke up,“My decision to not reappointthe Interim B.A. was not basedon gender or race.”Councilwoman Milady Tejedajoined to the meeting late(6:02 p.m. – she was delayed atwork).Council President Bill Petrickspoke up, “The mayor hired anunqualified person as a BusinessAdministrator and themayor also broke the law. Diazabused the law when she did notgive former Business AdministratorsAdam Cruz, FrederickCarr a 20-day notice before shedismissed them. We changedthe ordinance that she can reappointan Interim Business Administratorfor an additional 60days.”Irizarry spoke up and remindedPetrick, “This is a personnelmatter. This is to discuss Perkinsand not what the mayor hasbeen doing. I in no way am condoningwhat the mayor did.”Petrick persisted. “We need totake this to court and let themrender a decision. (If Perkinsis still an employee and can getpaid.)”Councilwoman Tejeda spokeup, “I agree with the CouncilPresident that we should go toget legal advice so we don’t getourselves into trouble.”Petrick went on, “If the mayorgets reelected, she can continueto break the law and ignoreall the rules. Do we stop hernow or wait? We can stand ourground.”Councilman Caba then spokeup, “When a super majority voteis needed, I remember when wewere voting on the budget, weasked whether a super majoritywas needed to pass the budget.”The council opened up themeeting to the public. The firstperson to speak was JeremyBaratta. He asked, “When doyou stand up to the mayor? Wecan spend a lot of on menus.Why have an ordinance if youdon’t use it? The citizens choseyou to defend the laws. We havea book on laws and that is thesystem you operate on. Youhave people on PARA that arenot approved by you. $25,000(to spend on a lawyer) is a dropin the bucket for you to defendyourselves.”Alan Silber came up next,“They tried to make you looklike you have no thought process.Law Director Peter Kingis not giving you correct information.He is doing whatthe mayor tells him to do. Youhave integrity. You didn’t knowthat one of the former BusinessAdministrators (Peter Pelissier)only had 90 days to serve as aBusiness Administrator. Duringthat time period, Pelissieralso took off 14 personal days.You also fell for the 90 days thatwas given to Irving Lozada asthe Acting Code EnforcementDirector. A couple of years ago,an election got overturned and alawyer got paid $30,000 for it.When the special election washeld, the person who won got30 additional votes. A man ofNovember 18, 2020 * The Amboy Guardian .7integrity (former Law DirectorMark Blunda) was fired to getArlene Quinones Perez from theDeCotiis Law Firm to take hisplace. You have the authority tofire the Law Director (for goodcause). You are getting bad informationfrom him.”Law Director King then spokeup and told the council, “Youhave the authority to fire me.”Resident Vince Mackiel thencame up to speak about theDomino’s loading zone, “Theyhad a building that was behindwhere they are located now.”Petrick responded, “They areusing the old building for storage.”Earlier in the meeting, one ofthe council members mentionedthat residents on that part ofLawrie street all have their owndriveway.Mackiel concluded, “Thecouncil has to consider theneeds of the residents of thatneighborhood.”The caucus concluded at 6:40p.m. That included the closedsession which was held in public.The council meeting started at7 p.m. The meeting was openedup to the public on agenda itemsonly. The first person to speakwas Jeremy Baratta who cameup to speak about OrdinanceNo. 1 – RE: The MunicipalProsecutor.Baratta asked, “What has beenchanged?”Council President WilliamPetrick responded, “This is toestablish that the prosecutorshould live in the city by a 2/3vote of the council.”Baratta questioned, “How isBilly Delgado still a prosecutorwhen only 2 people voted in hisfavor?”Petrick said, “Law DirectorKing said he could appoint Delgado.”Baratta then stated, “Youpassed ordinances, vote onthem, and then Wilda overturnsthem. Now, the prosecutor mustlive in town?”Petrick continued, “All employeeshave to live in townunless precluded by state law.”Petrick stated that this also appliesto assistant prosecutors.When it came to voting on theordinances, Ordinance No. 1was moved by Irizarry and secondedby Caba. The only personto vote “No,” was Pabon.Ordinance No. 1 (first reading)Authorizing a 1-year leaseagreement with Easter SealsNew Jersey for office space inthe Jankowski Center, for nonmonetaryconsideration. BeginningJanuary 1, 2021 thru December31, 2021. It was movedby Irizarry and seconded byCaba. All voted “Yes.”Ordinance No. 2 (first reading)– RE: Addition of a loadingzone – 576 New BrunswickAve.Before voting on this CouncilmanJoel Pabon wanted tomake a statement. “There is noother business close to this location.They also have the timesthat deliveries will be made andpeople that live in that neigh-*Continued on Page 9