O’Connor Appealing Judge’s Decision
(Reprinted from Amboy Beacon, Jan. 19, 2011)
SOUTH AMBOY — Superior Court Judge Phillip Paley, sitting in New Brunswick,
last week upheld the election of Democrat Fred Henry as Mayor over
Independent candidate Mary O’Connor by two votes after disqualifying the vote of a
hairdresser who maintained that she lived half-the-time in the back of her S.
Broadway salon.
An appeal of Paley’s decision to certify Henry over O’Connor as the winner
and not order a new election after his review of 23 contested
election-ballots was expected to be filed yesterday by Christopher Struben, O’Connor’s
attorney.
Struben said the Judge “addressed only nine of the votes” in making his
ruling and “did not even consider the whereabouts of 103 provisional ballots
sent to South Amboy but never returned to the Board of Elections.”
In addition, O’Connor’s team discovered on Jan. 8 that a couple living in
Matawan who had sold their Barkalow Street home 16 years ago had cast their
votes in South Amboy, in what Struben called “a clear case of voter-fraud,”
but Paley would not allow that evidence to be presented, saying that it was
submitted “too-late.”
Henry, who was leading by three votes before the Judge’s ruling, apparently
is free now to make any permanent appointments he wants, which Paley had
prohibited him from doing prior to last week’s hearing.
In compliance with the Judge’s previous order, all appointments which would
have expired and been up for consideration at the City Council
Reorganization on Jan. 5 were continued with holdovers who had been appointed by former
Mayor John O’Leary.
The only appointments made at that time were three Council members
appointed as representatives to the Planning Board and Redevelopment Agency and to
the Middlesex County Housing & Community Development Committee.
The respective Council members unanimously appointed to those positions
were Council President Joseph Connors, the Board’s former Chairman; Councilman
William Schwarick and Councilman Donald Applegate.
Paley made his latest ruling last week after reviewing a seven-page
petition by Struben, a six-page cross-petition by Michael Baker and Karl Kemm,
attorneys for Henry, and a 19-page brief by Senior Counsel Flavio Komuves of the
American Civil Liberties Union (ACLU) of New Jersey Foundation, Newark,
participating in the case as an “amicus curiae” (friend of the court),
detailing ACLU’s legal arguments concerning three voters allegedly denied their
rights by election officials.
The Middlesex County Board of Elections, represented by Deputy Attorney
General Donna Kelly, also a party to the case, did not file any documents.
Copies of all filings in the case, which are legally “public documents,”
have been obtained by the Amboy Beacon, which disclosed the names of the
voters connected to all 23 contested ballots in its Jan. 5 edition.
Paley also heard testimony early last week from some of the contested
voters and prospective voters involved in the election dispute, which arose over
the closeness of the vote for Mayor on Nov. 2 following what most observers
agreed was among the dirtiest campaigns in county history.
In addition to the usual rash of reports of campaign-signs being torn-down
or put-up without authorization, last year’s local contest saw the
resurrection on a weekly basis of a bimonthly community newspaper which was defunct
for about 10 years, now unabashedly promoting the Democratic ticket; the
anonymous distribution of one flier depicting an O’Connor supporter in a Nazi
uniform, and another flier attacking O’Connor as a “terrorist,” and the
mysterious “endorsement” of Independent Vincent Mackiel’s mayoral candidacy by a
non-existent “South Amboy Tea Party.”
The unofficial vote-tally on South Amboy’s nine voting-machines had Henry
as the winner over O’Connor by 14 votes, with two other Independent
candidates, Mackiel and John Dragotta, trailing.
On Election Night, the counting of Mail-In Ballots (MIBs), formerly-known
as “absentee-ballots,” had Henry as unofficial winner by eight votes, which
was shaved to three votes the next day after additional MIBs were found.
That left the counting of 22 provisional ballots by the Board of Elections,
which produced a one-vote margin for Henry.
O’Connor requested, paid-for, and was granted a recount, which led to the
same lead for Henry. However, O’Connor later discovered that the Board
miscounted not once, but twice, a provisional ballot which was cast for Henry by
a Sayreville resident but was supposed-to have been covered by a sticker.
That ballot’s disqualification was affirmed by the state Attorney
General’s Office, whose investigators and several FBI agents were conducting an
ongoing probe of alleged voter-fraud at the Board’s Jersey Avenue headquarters
at the time.
If certified as final at that point, a tie-vote would have triggered a
special election between Henry and O’Connor on Tuesday, Jan. 19.
There were 22 provisional ballots submitted, three of which were voided by
the Board of Elections staff after painstaking research of the registration
rolls, which should have left 19 remaining ballots to be put-through the
scanner, but only 13 of them were counted — and later, recounted — by the
Board.
The six “misplaced” provisional ballots were discovered on Nov. 23 — three
weeks after the election — at the Jersey Avenue facility by workers who
broke the seals on all of the envelopes.
At an earlier hearing, Paley ruled that the six ballots, now-resealed, be
opened and counted, and three votes each were found to have been cast for
Henry and Mackiel, leaving Henry with a three-vote lead prior to the individual
ballot-challenges heard by Paley.
Kelly maintained that everything was “done according-to procedure,” and
that there was “no indication that any unauthorized person had access to the
ballots.”
Thus, she said, there were “six valid votes that need to be counted.”
Baker agreed with Kelly that the votes were “valid,” and stated that “no
one slipped-in any ballots.”
Struben disagreed and stated, “The problem here is security of the
ballots,” Struben said, maintaining that the “chain-of-custody” was broken when the
six ballots were lost, and again when they were found and opened.
Last week, the Judge declined to accept the applications of Alexa Hess,
whose provisional ballot was rejected; Michael Berardo, whose MIB was voided,
and Eric Cheng, who was denied a provisional ballot.
Hess said that while applying for her driver’s-license, she was asked if
she wanted to register to vote, she said “yes,” and marked-off the
“register-to-vote” section. When she went to the polls, her name was not in the book,
so she filled-out a provisional ballot.
Paley ruled that Hess did not do-enough to make-sure she was actually
registered, so he declined her vote.
Berardo stated that he received his MIB, but lost the envelope, so he
e-mailed the Board on what he should do. He received an e-mail back, telling him
to mail the MIB to Jersey Avenue. Following the instructions, Berardo said
he mailed his MIB.
The Judge ruled that Berardo did not do-enough to obtain clarification on
instructions on how-to return his MIB
Cheng stated that every time he gets an MIB, it is for Sayreville, not
South Amboy. He said that he has notified the Board, but is told each time that
his home is in Sayreville. Cheng produced his tax-bill, showing that he pays
property taxes in South Amboy, not in Sayreville, his water and sewer
bills, his driver’s-license and his children’s school records, all showing that
he lives in South Amboy.
Paley ruled that Cheng did not present sufficient evidence to show that he
lives in South Amboy.
At the same time that the Judge rejected the machine vote of Carol McGloan,
he accepted the machine vote of Grace Hoffman, both of whom were found to
be Sayreville residents.
McGloan, a South Amboy business owner, testified that she lives half the
time in Sayreville and half the time in the back room of her hair salon.
Hoffman openly-acknowledged that she has, in fact, lived in the Parlin
section of Sayreville for at-least three years, but that she votes in South
Amboy because she “loves the town,” and is thinking about moving there.
Paley ruled that McGlone was “not a credible witness,” and he declined her
vote, but he accepted Hoffman’s vote.
The Judge made no rulings on the provisional votes of Bert Colon, Kenneth
Horn, Victoria Kedmenec, Jay Vignola and Darlene Gallucci, allegedly
residents of South Amboy for less than the minimum 21 days, and the MIBs of Joshua
Gonzalez, Jeremy Gonzalez, Maria Crowley and Dennis Crowley, allegedly signed
by messenger Ryan Tooker, son of Business Administrator Camille Tooker,
which Struben said should be disallowed.
Paley also took no position regarding the MIB of Taryn Congleton and the
machine votes of Gary Bouchard, Robert Point, Kevin O’Connor and Felipe
Burgos, which were disputed by Baker on alleged non-residency grounds, or the
applications of Patricia Santucci, Anthony Santucci and Marie Santucci, who
were allegedly denied provisional ballots, and John Thomas O’Leary, Mayor
O’Leary’s son, whose MIB was voided, cited by Baker as being deprived-of their
rights.
In his submission, Komuves maintained that Hess, Berardo and Cheng were
denied their rights by election officials.
Saturday, January 22, 2011
School Board Authorizes Lawsuit To Recover $2.6M Loss
(Reprinted from Amboy Beacon, Jan. 19, 2011)
PERTH AMBOY — The Board of Education voted last week to authorize Board
Secretary/Business Administrator Derek Jess and Board Attorney Victor Medina to
negotiate contingency rates with the Edison-based law firm of Methfessel &
Werbel to pursue the recovery of $2,593,400 allegedly bilked from the Perth
Amboy school district over nearly six years for healthcare-related programs
that never existed.
The Resolution was moved by Mark Carvajal, seconded by Board Vice President
Kenneth Puccio and adopted 8-0. Member Israel Varela left the meeting
before the vote was taken.
The Board also voted to authorize the filing of a lawsuit against insurance
brokers Francis Gartland, 69, of Baltimore, MD; Brian Foley, 36, of Summit,
and two of Gartland’s companies, Gartland & Co. Inc. and E-Administrative
Systems Inc., who have been indicted by a State Grand Jury on charges of
participating in the alleged scheme.
That Resolution was moved by Carvajal, seconded by Kurt Rebovich Jr. and
adopted 8-0.
Board President Samuel Lebrault said that Jess and Medina will negotiate
with Methfessel & Werbel for contingency rates “a little lower” than those
presented by attorney Steven Kluxen in a closed-door executive session with
the Board to discuss the scope of the litigation.
At a Board meeting last year, Medina explained that the massive loss
occurred over such an extended period of time because of “a mastermind scheme” in
which “funds were diverted from our health-benefits account” by people
with “superior knowledge” that “was, for all intents and purposes,
undetectable” because it was “designed to avoid detection.”
Professionals working on the district’s behalf “had looked-over everything
and were sure that everything was Kosher,” Medina said at that time.
“Nobody could find what had occurred; couldn’t find what they did — that’s
how-well they covered their tracks.”
Frank Cotroneo, 59, a Bernardsville insurance broker, has admitted that he
participated in bilking the district out of those funds and has agreed to
pay restitution of $2.6 million to the Board, along with a Public Corruption
Profiteering Penalty (PCPP) of $2.9 million.
Gartland and another of his firms, Federal Hill Risk Management LLC;
Gartland’s son-in-law, Derek Johnson, 39, of Lutherville, MD, and their business
partner, Thomas Kelleher, 62, of Parksville, MD, also have been indicted by
a State Grand Jury for allegedly conspiring to steal $216,495 from the City
of Perth Amboy by collecting payments for a non-existent “wellness program”
for city employees at a cost to Perth Amboy of $15 per employee per month.
PERTH AMBOY — The Board of Education voted last week to authorize Board
Secretary/Business Administrator Derek Jess and Board Attorney Victor Medina to
negotiate contingency rates with the Edison-based law firm of Methfessel &
Werbel to pursue the recovery of $2,593,400 allegedly bilked from the Perth
Amboy school district over nearly six years for healthcare-related programs
that never existed.
The Resolution was moved by Mark Carvajal, seconded by Board Vice President
Kenneth Puccio and adopted 8-0. Member Israel Varela left the meeting
before the vote was taken.
The Board also voted to authorize the filing of a lawsuit against insurance
brokers Francis Gartland, 69, of Baltimore, MD; Brian Foley, 36, of Summit,
and two of Gartland’s companies, Gartland & Co. Inc. and E-Administrative
Systems Inc., who have been indicted by a State Grand Jury on charges of
participating in the alleged scheme.
That Resolution was moved by Carvajal, seconded by Kurt Rebovich Jr. and
adopted 8-0.
Board President Samuel Lebrault said that Jess and Medina will negotiate
with Methfessel & Werbel for contingency rates “a little lower” than those
presented by attorney Steven Kluxen in a closed-door executive session with
the Board to discuss the scope of the litigation.
At a Board meeting last year, Medina explained that the massive loss
occurred over such an extended period of time because of “a mastermind scheme” in
which “funds were diverted from our health-benefits account” by people
with “superior knowledge” that “was, for all intents and purposes,
undetectable” because it was “designed to avoid detection.”
Professionals working on the district’s behalf “had looked-over everything
and were sure that everything was Kosher,” Medina said at that time.
“Nobody could find what had occurred; couldn’t find what they did — that’s
how-well they covered their tracks.”
Frank Cotroneo, 59, a Bernardsville insurance broker, has admitted that he
participated in bilking the district out of those funds and has agreed to
pay restitution of $2.6 million to the Board, along with a Public Corruption
Profiteering Penalty (PCPP) of $2.9 million.
Gartland and another of his firms, Federal Hill Risk Management LLC;
Gartland’s son-in-law, Derek Johnson, 39, of Lutherville, MD, and their business
partner, Thomas Kelleher, 62, of Parksville, MD, also have been indicted by
a State Grand Jury for allegedly conspiring to steal $216,495 from the City
of Perth Amboy by collecting payments for a non-existent “wellness program”
for city employees at a cost to Perth Amboy of $15 per employee per month.
Judge Upholds Convictions
(Reprinted from Amboy Beacon, Jan. 19, 2011)
NEWARK — Sentencing of former Perth Amboy Mayor Joseph Vas and longtime
Mayor’s Aide Melvin Ramos was scheduled by U.S. District Court Judge Susan
Wigenton for February after her ruling early last week against overturning
their convictions on corruption charges and ordering a new trial.
In the Martin Luther King Building and U.S. District Courthouse, Wigenton
ruled that there was “substantial evidence” for the jury to find Vas, 55,
and Ramos, 54, guilty on Oct. 8.
Both defendants were acquitted in Counts 1 through 4 of charges of mail
fraud. They were convicted in Counts 5 and 6 on other charges of mail fraud.
Each count of mail fraud carries a maximum penalty of 20 years in prison and a
fine of $250,000.
Vas was convicted in Count 7 of fraud and misapplication of funds involving
a local government receiving federal funds, which carries a maximum penalty
of 10 years in prison and a fine of $250,000. Vas also was convicted in
Count 8 of making false statements to federal agents, which carries a maximum
penalty of five years in prison and a fine of $100,000.
Ramos was convicted in Count 9 of making contributions to a federal
candidate in the names of others, which carries a maximum statutory penalty of one
year in prison and a fine of $100,000. Ramos also was convicted in Counts 10
and 11 of making false statements to the Federal Election Commission (FEC).
Each count carries a maximum penalty of five years in prison and a fine of
up to $100,000.
In Count 12, Vas was convicted of making contributions to a federal
candidate in the names of others, which carries a maximum statutory penalty of one
year in prison and a fine of $100,000.
As a result of the jury’s verdict, Vas faces a maximum prison term of 56
years and fines totaling $950,000, while Ramos faces a maximum prison term of
51 years and fines totaling $800,000.
In determining the actual sentences, Wigenton will consult the advisory
U.S. Sentencing Guidelines before she sentences Vas on Tuesday, Feb. 22, and
Ramos on Wednesday, Feb. 23. The Guidelines provide appropriate
sentencing-ranges that take-into-account the severity and characteristics of the offenses,
the defendants’ criminal histories, if any, and other factors. However, the
Judge isn’t bound-by the Guidelines in determining her sentence.
Parole has been abolished in the federal system, and defendants who are
given custodial terms must serve about 85-percent of that time.
NEWARK — Sentencing of former Perth Amboy Mayor Joseph Vas and longtime
Mayor’s Aide Melvin Ramos was scheduled by U.S. District Court Judge Susan
Wigenton for February after her ruling early last week against overturning
their convictions on corruption charges and ordering a new trial.
In the Martin Luther King Building and U.S. District Courthouse, Wigenton
ruled that there was “substantial evidence” for the jury to find Vas, 55,
and Ramos, 54, guilty on Oct. 8.
Both defendants were acquitted in Counts 1 through 4 of charges of mail
fraud. They were convicted in Counts 5 and 6 on other charges of mail fraud.
Each count of mail fraud carries a maximum penalty of 20 years in prison and a
fine of $250,000.
Vas was convicted in Count 7 of fraud and misapplication of funds involving
a local government receiving federal funds, which carries a maximum penalty
of 10 years in prison and a fine of $250,000. Vas also was convicted in
Count 8 of making false statements to federal agents, which carries a maximum
penalty of five years in prison and a fine of $100,000.
Ramos was convicted in Count 9 of making contributions to a federal
candidate in the names of others, which carries a maximum statutory penalty of one
year in prison and a fine of $100,000. Ramos also was convicted in Counts 10
and 11 of making false statements to the Federal Election Commission (FEC).
Each count carries a maximum penalty of five years in prison and a fine of
up to $100,000.
In Count 12, Vas was convicted of making contributions to a federal
candidate in the names of others, which carries a maximum statutory penalty of one
year in prison and a fine of $100,000.
As a result of the jury’s verdict, Vas faces a maximum prison term of 56
years and fines totaling $950,000, while Ramos faces a maximum prison term of
51 years and fines totaling $800,000.
In determining the actual sentences, Wigenton will consult the advisory
U.S. Sentencing Guidelines before she sentences Vas on Tuesday, Feb. 22, and
Ramos on Wednesday, Feb. 23. The Guidelines provide appropriate
sentencing-ranges that take-into-account the severity and characteristics of the offenses,
the defendants’ criminal histories, if any, and other factors. However, the
Judge isn’t bound-by the Guidelines in determining her sentence.
Parole has been abolished in the federal system, and defendants who are
given custodial terms must serve about 85-percent of that time.
Fire Chief: Harbortown Fire ‘Nothing Short Of Miracle’
(Reprinted from Amboy Beacon, Jan. 19, 2011)
PERTH AMBOY — “What we encountered and what we accomplished” at a
suspicious Dec. 19 fire which destroyed 32-unit Building 15 of the massive
Harbortown complex in the city’s northeastern corner was “nothing short of a
miracle,” Fire Chief David Volk declared at the City Council Caucus early last week.
The four-alarm blaze, which left 100 residents homeless, is still
under-investigation by city detectives and the Middlesex County Arson Unit to
determine what was its cause.
“There were eight injuries reported, including two police officers, and
there were no firefighters injured,” Volk said. “Quite-honestly, I thought we
were going to lose three of those buildings. It could have been
tremendously-worse.”
Witnesses said they believed that Building 15’s sprinkler-system was
inoperable, and that water-pressure was a problem for firefighters.
“To be quite-honest, I don’t know whether they (the sprinklers) went-off,”
Volk said. However, he insisted that “we had no (water-pressure) problems;
the water was there.”
Volk was joined by Code Enforcement Director Edward Scala, who has been
criticized by Harbortown residents for failing to take-action on theor
complaints about alleged deficiencies at the complex, and Deputy Police Chief
Benjamin Ruiz, who did not speak.
Absent from the meeting, without explanation, were the city’s Fire Subcode
Official and Fire Official — the people who would be most-intimately-aware
of any potential problems with Harbortown’s fire-safety standards.
However, Scala did make an important contribution to the ongoing
discussions regarding the units’ construction when he pointed-out that Harbortown is
not subject-to state Department of Community Affairs (DCA) multi-family
inspections because it was designed as “a grouping of single-family units within
a close construction-area.”
He said the walls between units are supposed-to have a “one-hour
fire-rating,” meaning that they would take an hour to burn-through.
However, residents have said that because of the way the attics are
constructed, the fire was channeled unimpeded throughout most of the structure.
Scala conceded that this might be a shortcoming, while noting that that
part of Harbortown was built “four (Uniform Construction) Codes ago,” under
less-stringent requirements than those now in-effect.
But he said “the state should certainly look-to a change in the Code to
have a sprinkler-system in the attic” in future construction, which he will
recommend.
Currently, “the roof area is not required to have a sprinkler-system,”
Scala said, adding that “the (new) Code has just been adopted, and the next
cycle is not for three or four years.”
He noted that “in-excess-of 800 units” have been constructed at
Harbortown, out of a 1,664-unit total approved by the Planning Board.
PERTH AMBOY — “What we encountered and what we accomplished” at a
suspicious Dec. 19 fire which destroyed 32-unit Building 15 of the massive
Harbortown complex in the city’s northeastern corner was “nothing short of a
miracle,” Fire Chief David Volk declared at the City Council Caucus early last week.
The four-alarm blaze, which left 100 residents homeless, is still
under-investigation by city detectives and the Middlesex County Arson Unit to
determine what was its cause.
“There were eight injuries reported, including two police officers, and
there were no firefighters injured,” Volk said. “Quite-honestly, I thought we
were going to lose three of those buildings. It could have been
tremendously-worse.”
Witnesses said they believed that Building 15’s sprinkler-system was
inoperable, and that water-pressure was a problem for firefighters.
“To be quite-honest, I don’t know whether they (the sprinklers) went-off,”
Volk said. However, he insisted that “we had no (water-pressure) problems;
the water was there.”
Volk was joined by Code Enforcement Director Edward Scala, who has been
criticized by Harbortown residents for failing to take-action on theor
complaints about alleged deficiencies at the complex, and Deputy Police Chief
Benjamin Ruiz, who did not speak.
Absent from the meeting, without explanation, were the city’s Fire Subcode
Official and Fire Official — the people who would be most-intimately-aware
of any potential problems with Harbortown’s fire-safety standards.
However, Scala did make an important contribution to the ongoing
discussions regarding the units’ construction when he pointed-out that Harbortown is
not subject-to state Department of Community Affairs (DCA) multi-family
inspections because it was designed as “a grouping of single-family units within
a close construction-area.”
He said the walls between units are supposed-to have a “one-hour
fire-rating,” meaning that they would take an hour to burn-through.
However, residents have said that because of the way the attics are
constructed, the fire was channeled unimpeded throughout most of the structure.
Scala conceded that this might be a shortcoming, while noting that that
part of Harbortown was built “four (Uniform Construction) Codes ago,” under
less-stringent requirements than those now in-effect.
But he said “the state should certainly look-to a change in the Code to
have a sprinkler-system in the attic” in future construction, which he will
recommend.
Currently, “the roof area is not required to have a sprinkler-system,”
Scala said, adding that “the (new) Code has just been adopted, and the next
cycle is not for three or four years.”
He noted that “in-excess-of 800 units” have been constructed at
Harbortown, out of a 1,664-unit total approved by the Planning Board.
Missing ‘Snow Plan’ Slowed Response
(Reprinted from Amboy Beacon, Jan. 19, 2011)
PERTH AMBOY — Although hampered by lack of access to the city’s Snow
Emergency Plan, Public Works Department employees worked diligently to clear
Perth Amboy’s streets of snow, which they did in a “comparable or better”
manner as other municipalities.
This was how Business Administrator Gregory Fehrenbach assessed the city’s
response to the Dec. 26 blizzard that dumped over 20 inches of the white
stuff on Perth Amboy and surrounding areas at the City Council Caucus early
last week.
Fehrenbach told the Council that “37 employees received overtime during the
storm.”
Public Works Director Paul Wnek allegedly failed to show-up for work in a
timely manner and was dismissed by Mayor Wilda Diaz, and former General
Supervisor Eddie Perez, who was replaced recently by Acting General Supervisor
Frank Hoffman, was on-vacation. Wnek and Perez had the only copies of the
city’s Snow Emergency Plan, Fehrenbach said.
Council members agreed that a copy of the Plan should be posted at Public
Works Department Headquarters, foot of Fayette Street.
Former Union County Public Works & Engineering Director Frank Dann, who was
hired as Management Assistant on Dec. 20, “jumped-into the breach” for the
snowstorm, Fehrenbach said.
The Council voted at its regular meeting two days later to confirm the
Mayor’s appointment of Dann as Interim Public Works Director, pending the hiring
of a permanent replacement for Wnek.
Dann, who attended the Caucus, said that “every possible person was
called” to acquire a copy of the Plan before he sat-down with the Public Works
Supervisors to divide the city into sections to attack the blizzard.
After finally obtaining the Plan, it was found to be “pretty-much the way
we had devised it,” he said. “Three additional pieces of equipment were
needed for this storm.”
Councilman Joel Pabon asked why the Department was not prepared for the
blizzard. “We knew about it in-advance almost a week,” he said. “It didn’t
catch us by-surprise.”
“I don’t want to go too-far because some of this may wind-up in
closed-session,” Fehrenbach said. “Mr. Dann asked Mr. Wnek about the Department’s
readiness for the storm, and he was told, ‘The Snow Plan is in place; there’s
nothing to worry-about.’”
However, Dann said that he “found the equipment in pretty-bad condition,
pretty-old and worn, and repairs had to be made to some plows.”
As for the smaller Jan. 11 snowstorm, he told Council members, “We’re
absolutely, 100-percent ready to go,” and “there should be no glitch this time.”
“We realize there were some personnel issues the last time,” Councilman
Kenneth Gonzalez said. “What happened before is definitely not going to happen
again.”
“This isn’t the first time I’ve done this sort-of-thing,” Dann stated.
“We were in-contact with the Emergency Management Coordinator this last one,
and will be again.”
Fehrenbach noted that Hoffman “went-back to prior Public Works Supervisors
and Directors for their advice.”
PERTH AMBOY — Although hampered by lack of access to the city’s Snow
Emergency Plan, Public Works Department employees worked diligently to clear
Perth Amboy’s streets of snow, which they did in a “comparable or better”
manner as other municipalities.
This was how Business Administrator Gregory Fehrenbach assessed the city’s
response to the Dec. 26 blizzard that dumped over 20 inches of the white
stuff on Perth Amboy and surrounding areas at the City Council Caucus early
last week.
Fehrenbach told the Council that “37 employees received overtime during the
storm.”
Public Works Director Paul Wnek allegedly failed to show-up for work in a
timely manner and was dismissed by Mayor Wilda Diaz, and former General
Supervisor Eddie Perez, who was replaced recently by Acting General Supervisor
Frank Hoffman, was on-vacation. Wnek and Perez had the only copies of the
city’s Snow Emergency Plan, Fehrenbach said.
Council members agreed that a copy of the Plan should be posted at Public
Works Department Headquarters, foot of Fayette Street.
Former Union County Public Works & Engineering Director Frank Dann, who was
hired as Management Assistant on Dec. 20, “jumped-into the breach” for the
snowstorm, Fehrenbach said.
The Council voted at its regular meeting two days later to confirm the
Mayor’s appointment of Dann as Interim Public Works Director, pending the hiring
of a permanent replacement for Wnek.
Dann, who attended the Caucus, said that “every possible person was
called” to acquire a copy of the Plan before he sat-down with the Public Works
Supervisors to divide the city into sections to attack the blizzard.
After finally obtaining the Plan, it was found to be “pretty-much the way
we had devised it,” he said. “Three additional pieces of equipment were
needed for this storm.”
Councilman Joel Pabon asked why the Department was not prepared for the
blizzard. “We knew about it in-advance almost a week,” he said. “It didn’t
catch us by-surprise.”
“I don’t want to go too-far because some of this may wind-up in
closed-session,” Fehrenbach said. “Mr. Dann asked Mr. Wnek about the Department’s
readiness for the storm, and he was told, ‘The Snow Plan is in place; there’s
nothing to worry-about.’”
However, Dann said that he “found the equipment in pretty-bad condition,
pretty-old and worn, and repairs had to be made to some plows.”
As for the smaller Jan. 11 snowstorm, he told Council members, “We’re
absolutely, 100-percent ready to go,” and “there should be no glitch this time.”
“We realize there were some personnel issues the last time,” Councilman
Kenneth Gonzalez said. “What happened before is definitely not going to happen
again.”
“This isn’t the first time I’ve done this sort-of-thing,” Dann stated.
“We were in-contact with the Emergency Management Coordinator this last one,
and will be again.”
Fehrenbach noted that Hoffman “went-back to prior Public Works Supervisors
and Directors for their advice.”
Council Rejects Pact For Animal-Control
(Reprinted from Amboy Beacon, Jan. 19, 2011)
PERTH AMBOY — No member of the City Council voted in-favor of awarding a
three-year, $293,356 contract last week for animal-control services offered by
Happy Home Shelter Inc., whose Acting Director, local businesswoman Wilma
Matey, was on-vacation.
Under advice of City Law Director Mark Blunda, Councilmen William Petrick
and Kenneth Gonzalez — who moved and seconded the measure for discussion
purposes — abstained from voting on it to avoid “the appearance of a potential
conflict-of-interest.”
The Council’s three other members — Councilmen Fernando Gonzalez and Joel
Pabon and Council President Kenneth Balut — all voted “no.”
The “appearance of a potential conflict-of-interest” arose because of a
backyard barbecue held at the Water Street home of Matey, which she
maintained was a Cinco de Mayo celebration.
However, resident Alan Silber countered that the party was identified as a
“campaign rally” on the website of Moving Forward Together, a campaign
ticket in the May 2010 election consisting of Council candidates Petrick, Kenneth
Gonzalez and Maria Garcia.
The city’s strict “pay-to-play” regulations are now applicable to Petrick
and Gonzalez as Council members.
Matey, who has rounded-up many enthusiastic volunteers, has been seeking to
take-over operation of the city’s Shelter from the two ACOs for almost a
year, but the Council had taken no action, withdrawing the proposed Resolution
from its meeting-agenda on multiple occasions.
At the Council Caucus held the Monday before last week’s meeting, Fernando
Gonzalez angrily-questioned its inclusion on the list of active Resolutions.
“Why is this resurfacing again?” he asked. “We said we weren’t going-to
award anything.”
“A bid has been received,” Business Administrator Gregory Fehrenbach
explained. “You have to take a vote as a body.”
Neither Fernando Gonzalez nor Balut went-into-detail about why they cast
negative votes, but Pabon said he voted to reject the proposal because of
“unanswered questions.”
The Happy Home proposal was submitted by Matey after the Council rejected
an earlier proposal by Woodbridge Township to take-over the city’s
animal-control services, as it had done for Carteret and South Amboy.
The Council’s action last week left the operation of the Perth Amboy Animal
Shelter, Fayette Street, in the hands of retired police officer Richard
Cielesz and his wife, Michal, both certified Animal Control Officers (ACOs),
under Police Department supervision
PERTH AMBOY — No member of the City Council voted in-favor of awarding a
three-year, $293,356 contract last week for animal-control services offered by
Happy Home Shelter Inc., whose Acting Director, local businesswoman Wilma
Matey, was on-vacation.
Under advice of City Law Director Mark Blunda, Councilmen William Petrick
and Kenneth Gonzalez — who moved and seconded the measure for discussion
purposes — abstained from voting on it to avoid “the appearance of a potential
conflict-of-interest.”
The Council’s three other members — Councilmen Fernando Gonzalez and Joel
Pabon and Council President Kenneth Balut — all voted “no.”
The “appearance of a potential conflict-of-interest” arose because of a
backyard barbecue held at the Water Street home of Matey, which she
maintained was a Cinco de Mayo celebration.
However, resident Alan Silber countered that the party was identified as a
“campaign rally” on the website of Moving Forward Together, a campaign
ticket in the May 2010 election consisting of Council candidates Petrick, Kenneth
Gonzalez and Maria Garcia.
The city’s strict “pay-to-play” regulations are now applicable to Petrick
and Gonzalez as Council members.
Matey, who has rounded-up many enthusiastic volunteers, has been seeking to
take-over operation of the city’s Shelter from the two ACOs for almost a
year, but the Council had taken no action, withdrawing the proposed Resolution
from its meeting-agenda on multiple occasions.
At the Council Caucus held the Monday before last week’s meeting, Fernando
Gonzalez angrily-questioned its inclusion on the list of active Resolutions.
“Why is this resurfacing again?” he asked. “We said we weren’t going-to
award anything.”
“A bid has been received,” Business Administrator Gregory Fehrenbach
explained. “You have to take a vote as a body.”
Neither Fernando Gonzalez nor Balut went-into-detail about why they cast
negative votes, but Pabon said he voted to reject the proposal because of
“unanswered questions.”
The Happy Home proposal was submitted by Matey after the Council rejected
an earlier proposal by Woodbridge Township to take-over the city’s
animal-control services, as it had done for Carteret and South Amboy.
The Council’s action last week left the operation of the Perth Amboy Animal
Shelter, Fayette Street, in the hands of retired police officer Richard
Cielesz and his wife, Michal, both certified Animal Control Officers (ACOs),
under Police Department supervision
Sunday, January 16, 2011
S. AMBOY REORGANIZES
Officials Heed Judge’s Warning By Delaying Appointments
(Reprinted from Amboy Beacon, Jan. 12, 2011)
SOUTH AMBOY — With former City Council President Fred Henry and
Councilmen-elect Donald Applegate, Joseph Connors and Michael “Mickey” Gross sworn-in
privately by City Clerk Kathleen Vigilante at City Hall, N. Broadway, on
Saturday, Jan. 1, at various times, last week’s Council Reorganization took
less than 15 minutes.
Applegate was sworn-in to an unexpired two-year term as First Ward
Councilman, succeeding the late Councilman Russell Stillwagon, while Connors and
Gross were sworn-in to full four-year terms as At-Large Councilmen.
At the meeting, Connors, Council Vice President under Henry, was elected as
Council President by the five-member, all-Democrat governing body, and
Second Ward Councilman Mark Noble was elected to succeed Connors as Council Vice
President, both by unanimous votes.
Connors — sporting a new beard — spoke briefly during the “Comments”
portion of the short meeting, announcing that his major goal is to “improve
communications” with the public through “town meetings” and “project-updates
to keep everybody up-to-date.”
Connors explained that the reason he decided to do this was because, as a
result of his campaigning door-to-door in 2010, he found that “the people in
this town didn’t know what was going-on.”
In addition, Connors said after the meeting that he had “pretty-big shoes
to fill” in succeeding Henry. “I hope I can do as-well as Fred,” he said.
As ordered by Superior Court Judge Phillip Paley, sitting in New Brunswick,
Henry — who was leading Independent mayoral candidate Mary O’Connor by
three votes at last count — may have been sworn-in as Mayor, but he had little
to do at last week’s Reorganization because the Judge prohibited him from
making any permanent appointments, pending a hearing scheduled for early this
week.
In compliance with Paley’s order, all appointments which would have expired
and been up for consideration last week were continued with holdovers who
had been appointed by former Mayor John O’Leary.
The only appointments listed on the slender 25-page meeting-agenda were
three Council members appointed as representatives to the Planning Board and
Redevelopment Agency and to the Middlesex County Housing & Community
Development Committee.
The respective Council members unanimously appointed to those positions, in
Resolutions moved by Noble, seconded by Councilman William Schwarick and
adopted 5-0, were Connors, the Board’s former Chairman; Schwarick and
Applegate.
The audience — normally robust at the yearly Reorganization, with
officials’ family members present to observe their relatives taking their
oaths-of-office, and appointees and their family members present to observe their
relatives’ appointments — was slimmer than the agenda, numbering only a
half-dozen.
The Council also voted unanimously to appoint the 24-member Emergency
Management Council, with Henry listed as Mayor; to re-establish eight petty-cash
funds, to designate 11 banking institutions as “official depositories” and
to fix interest-rates for delinquent tax and sewer bills.
Henry, who sat at the dais, spoke to reporters after the Reorganization
about the upcoming decision expected to be made by the Judge yesterday on
whether to certify Henry or O’Connor as the winner or order a new election
following a hearing on Monday and his review of 23 contested election-ballots.
“We’ll find-out more next (this) week, but that may not be the end of it,
as I assume she’ll have the right of appeal,” he said, referring to
O’Connor.
“This is all new to all of us,” Henry said of the post-election challenge.
“These are new areas that we’re exploring. Hopefully, it works-out for me.”
Normally, a ceremony follows the Council’s Reorganization, but not this
time.
“With all of that behind us, we’ll probably have a ceremony,” Henry said.
“No, we WILL have a ceremony.”
“I think we’ll wait until the Mayor thing is over,” Connors said.
Henry also took the opportunity to clarify a quote which appeared in the
Jan. 5 Amboy Beacon.
Henry had stated before the cross-petition’s filing that “it’s the
American way of doing things that all the votes are counted,” and “to suppress
them as she (O’Connor) wanted to do is wrong.”
The Beacon had noted the irony of such a statement, given the fact that
Henry’s attorney was challenging some presumably O’Connor votes.
Henry said that what he really-meant was that if votes “are illegal, they
shouldn’t count.”
Last week, Paley received a seven-page petition by Christopher Struben,
attorney for O’Connor; a six-page cross-petition by Michael Baker, attorney for
Henry, and a 19-page brief submitted by by Senior Counsel Flavio Komuves of
the American Civil Liberties Union (ACLU) of New Jersey Foundation, Newark,
participating in the case as an “amicus curiae” (friend of the court),
detailing its legal arguments concerning three voters allegedly denied their
rights by election officials.
The Middlesex County Board of Elections, represented by Deputy Attorney
General Donna Kelly, also a party to the case, did not file any documents.
Copies of all filings in the case, which are legally “public documents,”
have been obtained by the Amboy Beacon, which disclosed the names of the
voters connected to all 23 contested ballots in its Jan. 5 edition.
The election dispute arose over the closeness of the vote for Mayor on Nov.
2 following what most observers agreed was among the dirtiest campaigns in
county history.
In addition to the usual rash of reports of campaign-signs being torn-down
or put-up without authorization, last year’s local contest saw the
resurrection on a weekly basis of a bimonthly community newspaper which was defunct
for about 10 years, now unabashedly promoting the Democratic ticket; the
anonymous distribution of one flier depicting an O’Connor supporter in a Nazi
uniform, and another flier attacking O’Connor as a “terrorist,” and the myste
rious “endorsement” of Independent Vincent Mackiel’s mayoral candidacy by a
non-existent “South Amboy Tea Party.”
The unofficial vote-tally on South Amboy’s nine voting-machines had Henry
as the winner over O’Connor and the two other Independent candidates, Mackiel
and John Dragotta, by 14 votes.
On Election Night, the counting of Mail-In Ballots (MIBs), formerly-known
as “absentee-ballots,” had Henry as unofficial winner by eight votes, which
was shaved to three votes after additional MIBs were found.
That left the counting of 22 provisional ballots by the county Board, which
produced a margin of one vote for Henry.
O’Connor requested, paid-for and was granted a recount, which led to the
same one-vote lead for Henry. However, O’Connor later discovered that the
Board miscounted not once, but twice, a provisional ballot cast by a Sayreville
resident for Henry which was supposed-to have been covered by a sticker.
That ballot’s disqualification was affirmed by the state Attorney
General’s Office, whose investigators were — along with several FBI agents —
conducting an ongoing probe of alleged voter-fraud at the Board’s Headquarters on
Jersey Avenue at the time.
If certified as final at that point, a tied-vote would have triggered a
special election between Henry and O’Connor on Tuesday, Jan. 19.
There were 22 provisional ballots submitted, three of which were voided by
the Board’s staff after painstaking research of the registration rolls,
leaving 19 remaining ballots that should have been put-through the scanner, but
there were only 13 when they were counted — and later, recounted — by the
Board.
The six “misplaced” provisional ballots were discovered on Nov. 23 — three
weeks after the election — at the Jersey Avenue facility by workers who
broke the seals on the envelopes.
After a hearing, the Judge ruled that the six ballots, now-resealed, be
opened and counted, and three votes each were found to have been cast for Henry
and Mackiel, leaving Henry with a three-vote lead prior to the individual
ballot-challenges scheduled to be heard by Paley.
(Reprinted from Amboy Beacon, Jan. 12, 2011)
SOUTH AMBOY — With former City Council President Fred Henry and
Councilmen-elect Donald Applegate, Joseph Connors and Michael “Mickey” Gross sworn-in
privately by City Clerk Kathleen Vigilante at City Hall, N. Broadway, on
Saturday, Jan. 1, at various times, last week’s Council Reorganization took
less than 15 minutes.
Applegate was sworn-in to an unexpired two-year term as First Ward
Councilman, succeeding the late Councilman Russell Stillwagon, while Connors and
Gross were sworn-in to full four-year terms as At-Large Councilmen.
At the meeting, Connors, Council Vice President under Henry, was elected as
Council President by the five-member, all-Democrat governing body, and
Second Ward Councilman Mark Noble was elected to succeed Connors as Council Vice
President, both by unanimous votes.
Connors — sporting a new beard — spoke briefly during the “Comments”
portion of the short meeting, announcing that his major goal is to “improve
communications” with the public through “town meetings” and “project-updates
to keep everybody up-to-date.”
Connors explained that the reason he decided to do this was because, as a
result of his campaigning door-to-door in 2010, he found that “the people in
this town didn’t know what was going-on.”
In addition, Connors said after the meeting that he had “pretty-big shoes
to fill” in succeeding Henry. “I hope I can do as-well as Fred,” he said.
As ordered by Superior Court Judge Phillip Paley, sitting in New Brunswick,
Henry — who was leading Independent mayoral candidate Mary O’Connor by
three votes at last count — may have been sworn-in as Mayor, but he had little
to do at last week’s Reorganization because the Judge prohibited him from
making any permanent appointments, pending a hearing scheduled for early this
week.
In compliance with Paley’s order, all appointments which would have expired
and been up for consideration last week were continued with holdovers who
had been appointed by former Mayor John O’Leary.
The only appointments listed on the slender 25-page meeting-agenda were
three Council members appointed as representatives to the Planning Board and
Redevelopment Agency and to the Middlesex County Housing & Community
Development Committee.
The respective Council members unanimously appointed to those positions, in
Resolutions moved by Noble, seconded by Councilman William Schwarick and
adopted 5-0, were Connors, the Board’s former Chairman; Schwarick and
Applegate.
The audience — normally robust at the yearly Reorganization, with
officials’ family members present to observe their relatives taking their
oaths-of-office, and appointees and their family members present to observe their
relatives’ appointments — was slimmer than the agenda, numbering only a
half-dozen.
The Council also voted unanimously to appoint the 24-member Emergency
Management Council, with Henry listed as Mayor; to re-establish eight petty-cash
funds, to designate 11 banking institutions as “official depositories” and
to fix interest-rates for delinquent tax and sewer bills.
Henry, who sat at the dais, spoke to reporters after the Reorganization
about the upcoming decision expected to be made by the Judge yesterday on
whether to certify Henry or O’Connor as the winner or order a new election
following a hearing on Monday and his review of 23 contested election-ballots.
“We’ll find-out more next (this) week, but that may not be the end of it,
as I assume she’ll have the right of appeal,” he said, referring to
O’Connor.
“This is all new to all of us,” Henry said of the post-election challenge.
“These are new areas that we’re exploring. Hopefully, it works-out for me.”
Normally, a ceremony follows the Council’s Reorganization, but not this
time.
“With all of that behind us, we’ll probably have a ceremony,” Henry said.
“No, we WILL have a ceremony.”
“I think we’ll wait until the Mayor thing is over,” Connors said.
Henry also took the opportunity to clarify a quote which appeared in the
Jan. 5 Amboy Beacon.
Henry had stated before the cross-petition’s filing that “it’s the
American way of doing things that all the votes are counted,” and “to suppress
them as she (O’Connor) wanted to do is wrong.”
The Beacon had noted the irony of such a statement, given the fact that
Henry’s attorney was challenging some presumably O’Connor votes.
Henry said that what he really-meant was that if votes “are illegal, they
shouldn’t count.”
Last week, Paley received a seven-page petition by Christopher Struben,
attorney for O’Connor; a six-page cross-petition by Michael Baker, attorney for
Henry, and a 19-page brief submitted by by Senior Counsel Flavio Komuves of
the American Civil Liberties Union (ACLU) of New Jersey Foundation, Newark,
participating in the case as an “amicus curiae” (friend of the court),
detailing its legal arguments concerning three voters allegedly denied their
rights by election officials.
The Middlesex County Board of Elections, represented by Deputy Attorney
General Donna Kelly, also a party to the case, did not file any documents.
Copies of all filings in the case, which are legally “public documents,”
have been obtained by the Amboy Beacon, which disclosed the names of the
voters connected to all 23 contested ballots in its Jan. 5 edition.
The election dispute arose over the closeness of the vote for Mayor on Nov.
2 following what most observers agreed was among the dirtiest campaigns in
county history.
In addition to the usual rash of reports of campaign-signs being torn-down
or put-up without authorization, last year’s local contest saw the
resurrection on a weekly basis of a bimonthly community newspaper which was defunct
for about 10 years, now unabashedly promoting the Democratic ticket; the
anonymous distribution of one flier depicting an O’Connor supporter in a Nazi
uniform, and another flier attacking O’Connor as a “terrorist,” and the myste
rious “endorsement” of Independent Vincent Mackiel’s mayoral candidacy by a
non-existent “South Amboy Tea Party.”
The unofficial vote-tally on South Amboy’s nine voting-machines had Henry
as the winner over O’Connor and the two other Independent candidates, Mackiel
and John Dragotta, by 14 votes.
On Election Night, the counting of Mail-In Ballots (MIBs), formerly-known
as “absentee-ballots,” had Henry as unofficial winner by eight votes, which
was shaved to three votes after additional MIBs were found.
That left the counting of 22 provisional ballots by the county Board, which
produced a margin of one vote for Henry.
O’Connor requested, paid-for and was granted a recount, which led to the
same one-vote lead for Henry. However, O’Connor later discovered that the
Board miscounted not once, but twice, a provisional ballot cast by a Sayreville
resident for Henry which was supposed-to have been covered by a sticker.
That ballot’s disqualification was affirmed by the state Attorney
General’s Office, whose investigators were — along with several FBI agents —
conducting an ongoing probe of alleged voter-fraud at the Board’s Headquarters on
Jersey Avenue at the time.
If certified as final at that point, a tied-vote would have triggered a
special election between Henry and O’Connor on Tuesday, Jan. 19.
There were 22 provisional ballots submitted, three of which were voided by
the Board’s staff after painstaking research of the registration rolls,
leaving 19 remaining ballots that should have been put-through the scanner, but
there were only 13 when they were counted — and later, recounted — by the
Board.
The six “misplaced” provisional ballots were discovered on Nov. 23 — three
weeks after the election — at the Jersey Avenue facility by workers who
broke the seals on the envelopes.
After a hearing, the Judge ruled that the six ballots, now-resealed, be
opened and counted, and three votes each were found to have been cast for Henry
and Mackiel, leaving Henry with a three-vote lead prior to the individual
ballot-challenges scheduled to be heard by Paley.
Temporary Budget OKd At Special Meeting
(Reprinted from Amboy Beacon, Jan. 12, 2011)
PERTH AMBOY — The City Council voted unanimously at a Special Meeting last
week to authorize a 2011 Temporary Budget totaling $15,458,950, $460,124
below the permitted $15,919,074, representing one-quarter of the Fiscal Year
2009-10 Budget of $63,676,295.
The Resolution was moved by Councilman William Petrick, seconded by
Councilman Kenneth Gonzalez and adopted 5-0.
The Budget includes $12,758,950 for Current Fund, $2,545,000 for Water &
Wastewater Utility and $155,000 for Parking Utility.
Business Administrator Gregory Fehrenbach said that the 2011 Temporary
Budget, which represents about one-quarter of the FY 2009-10 Budget, was
prepared by Comptroller/Chief Financial Officer (CFO) Jill Goldy “to cover possible
services” which must be funded for the first three months of 2011.
However, he pointed out that the line-item accounts are not a straight
25-percent because some expenses occur earlier in the year than others.
For example, Fehrenbach noted that “Debt Service and Liability Insurance
are front-end-loaded” in the Temporary Budget because bills for them come
earlier in the year.
“Salaries & Wages includes the estimated pay for employees for three months
plus overtime based-upon past experience,” Goldy said. “Other Expenses is
more-challenging, with the first three months from last year plus an
approximate increase from last year, along with amendments to increase any amounts
not accounted-for, such as training for City Council members.”
“In the meantime, we’re trying to develop out Calendar Year 2011 Budget,”
Fehrenbach said, “The Jan. 15 due-date was extended two weeks, but it’s
likely to take one-and-a-half months to find-out our state-aid numbers.
“We can have a Budget to the City Council by the end of January and wait
for state aid,” he added.
As adopted, the 2011 Temporary Budget totals $15,458,950, with $12,758,950
for Current Fund, divided into $6,695,200 for Salaries & Wages, $5,601,700
for Other Expenses, $415,000 for Statutory Expenses and $47,050 for Grants.
Salaries & Wages includes $3,189,000 for the Police Department, $1,116,000
for the Public Works Department, $1,100,000 for the Fire Department and
smaller amounts for other Departments.
Other Expenses includes $3,153,000 for General Government, the bulk of that
($3,000,000) for Insurance; $900,000 for Utilities, $777,500 for Public
Works and smaller amounts for other Departments.
Statutory Expenses includes $265,000 for Social Security System and
$150,000 for Accumulated Absence Leave Liability.
Grants includes $22,050 for Matching Funds, $20,000 for Urban Enterprise
Zone (UEZ) Administration and $5,000 for Municipal Alliance Against Drug Abuse.
The Water & Wastewater Utility Budget includes $2,515,000 for United
Service Affiliates of Perth Amboy (USAPA) Fixed Service Fee and $30,000 for Other
Expenses.
The Parking Utility Budget includes $80,000 for Salaries & Wages and
$75,000 for Other Expenses.
During the public portion of the meeting, resident Orlando Perez stated
that he read “13 counties are eligible for FEMA (FEMA) grants, including
Middlesex,” pertaining to the windstorm that caused damages along the Waterfront
and High Street, and asked the status of Perth Amboy’s application for
funding.
“We submitted our application today,” Fehrenbach responded.
PERTH AMBOY — The City Council voted unanimously at a Special Meeting last
week to authorize a 2011 Temporary Budget totaling $15,458,950, $460,124
below the permitted $15,919,074, representing one-quarter of the Fiscal Year
2009-10 Budget of $63,676,295.
The Resolution was moved by Councilman William Petrick, seconded by
Councilman Kenneth Gonzalez and adopted 5-0.
The Budget includes $12,758,950 for Current Fund, $2,545,000 for Water &
Wastewater Utility and $155,000 for Parking Utility.
Business Administrator Gregory Fehrenbach said that the 2011 Temporary
Budget, which represents about one-quarter of the FY 2009-10 Budget, was
prepared by Comptroller/Chief Financial Officer (CFO) Jill Goldy “to cover possible
services” which must be funded for the first three months of 2011.
However, he pointed out that the line-item accounts are not a straight
25-percent because some expenses occur earlier in the year than others.
For example, Fehrenbach noted that “Debt Service and Liability Insurance
are front-end-loaded” in the Temporary Budget because bills for them come
earlier in the year.
“Salaries & Wages includes the estimated pay for employees for three months
plus overtime based-upon past experience,” Goldy said. “Other Expenses is
more-challenging, with the first three months from last year plus an
approximate increase from last year, along with amendments to increase any amounts
not accounted-for, such as training for City Council members.”
“In the meantime, we’re trying to develop out Calendar Year 2011 Budget,”
Fehrenbach said, “The Jan. 15 due-date was extended two weeks, but it’s
likely to take one-and-a-half months to find-out our state-aid numbers.
“We can have a Budget to the City Council by the end of January and wait
for state aid,” he added.
As adopted, the 2011 Temporary Budget totals $15,458,950, with $12,758,950
for Current Fund, divided into $6,695,200 for Salaries & Wages, $5,601,700
for Other Expenses, $415,000 for Statutory Expenses and $47,050 for Grants.
Salaries & Wages includes $3,189,000 for the Police Department, $1,116,000
for the Public Works Department, $1,100,000 for the Fire Department and
smaller amounts for other Departments.
Other Expenses includes $3,153,000 for General Government, the bulk of that
($3,000,000) for Insurance; $900,000 for Utilities, $777,500 for Public
Works and smaller amounts for other Departments.
Statutory Expenses includes $265,000 for Social Security System and
$150,000 for Accumulated Absence Leave Liability.
Grants includes $22,050 for Matching Funds, $20,000 for Urban Enterprise
Zone (UEZ) Administration and $5,000 for Municipal Alliance Against Drug Abuse.
The Water & Wastewater Utility Budget includes $2,515,000 for United
Service Affiliates of Perth Amboy (USAPA) Fixed Service Fee and $30,000 for Other
Expenses.
The Parking Utility Budget includes $80,000 for Salaries & Wages and
$75,000 for Other Expenses.
During the public portion of the meeting, resident Orlando Perez stated
that he read “13 counties are eligible for FEMA (FEMA) grants, including
Middlesex,” pertaining to the windstorm that caused damages along the Waterfront
and High Street, and asked the status of Perth Amboy’s application for
funding.
“We submitted our application today,” Fehrenbach responded.
Beacon Loses ‘Legal’ Status
(Reprinted from Amboy Beacon, Jan. 12, 2011)
SOUTH AMBOY — Without fanfare, the City Council voted unanimously at its
Reorganization last week to take-away the Amboy Beacon’s legal status as an
“Official Newspaper.”
The Resolution — adopted as part of a consent-agenda of 18 Resolutions —
was moved by Councilman Mark Noble, seconded by Councilman William Schwarick
and adopted 5-0.
Under NJSA 40:53-1. the Amboy Beacon had been designated as an “Official
Newspaper” by both the City of South Amboy and the City of Perth Amboy in 2009.
“The governing body of every municipality may designate an Official
Newspaper or Newspapers for the publication of all advertisements and notices
required by law to be published by the municipality,” according to NJSA 40:53-1.
NJSA 35:1-2 goes-on to say, “All newspapers printed and published in the
English language within the state at least once a week for at least one year
continuously shall be deemed legal newspapers for the publication of Official
Advertisements.”
Four attorneys — including City Law Director John Lanza — have informed
the city that the Amboy Beacon qualifies to be designated as an “Official
Newspaper.”
Under NJSA 35:2-1, the governing body votes on a Resolution to adopt Offici
al Newspapers, even-though the City Clerk is designated as “the
properly-authorized officer ... placing Official Advertising in such newspaper.”
Without the Council’s action, the Clerk cannot publish Official Notices in any
newspaper.
Even-though both South Amboy and Perth Amboy had saved substantial money in
Official Advertising expenses while the Amboy Beacon was being utilized,
the Councils in both cities are refusing to allow that advertising to be
placed in the weekly, the only qualified newspaper published in Middlesex County,
for whatever reason.
SOUTH AMBOY — Without fanfare, the City Council voted unanimously at its
Reorganization last week to take-away the Amboy Beacon’s legal status as an
“Official Newspaper.”
The Resolution — adopted as part of a consent-agenda of 18 Resolutions —
was moved by Councilman Mark Noble, seconded by Councilman William Schwarick
and adopted 5-0.
Under NJSA 40:53-1. the Amboy Beacon had been designated as an “Official
Newspaper” by both the City of South Amboy and the City of Perth Amboy in 2009.
“The governing body of every municipality may designate an Official
Newspaper or Newspapers for the publication of all advertisements and notices
required by law to be published by the municipality,” according to NJSA 40:53-1.
NJSA 35:1-2 goes-on to say, “All newspapers printed and published in the
English language within the state at least once a week for at least one year
continuously shall be deemed legal newspapers for the publication of Official
Advertisements.”
Four attorneys — including City Law Director John Lanza — have informed
the city that the Amboy Beacon qualifies to be designated as an “Official
Newspaper.”
Under NJSA 35:2-1, the governing body votes on a Resolution to adopt Offici
al Newspapers, even-though the City Clerk is designated as “the
properly-authorized officer ... placing Official Advertising in such newspaper.”
Without the Council’s action, the Clerk cannot publish Official Notices in any
newspaper.
Even-though both South Amboy and Perth Amboy had saved substantial money in
Official Advertising expenses while the Amboy Beacon was being utilized,
the Councils in both cities are refusing to allow that advertising to be
placed in the weekly, the only qualified newspaper published in Middlesex County,
for whatever reason.
Director Dismissed
(Reprinted from Amboy Beacon, Jan. 12, 2011)
PERTH AMBOY — Mayor Wilda Diaz dismissed Public Works Director Paul Wnek
for allegedly failing to show-up for work in a timely manner during the
Christmas weekend blizzard, which dumped over 20 inches of snow on the city.
Diaz said she answered the telephone at Public Works Department
Headquarters, foot of Fayette Street, and went-out on trucks performing snowplow duty.
When Wnek showed-up to work, he was ordered by her to leave, she said.
Former Union County Public Works & Engineering Director Frank Dann was
hired as Interim Director, pending the hiring of a permanent replacement for
Wnek.
The City of Perth Amboy placed an order with the Amboy Beacon for “Help
Wanted” advertising to seek a new Public Works Director
PERTH AMBOY — Mayor Wilda Diaz dismissed Public Works Director Paul Wnek
for allegedly failing to show-up for work in a timely manner during the
Christmas weekend blizzard, which dumped over 20 inches of snow on the city.
Diaz said she answered the telephone at Public Works Department
Headquarters, foot of Fayette Street, and went-out on trucks performing snowplow duty.
When Wnek showed-up to work, he was ordered by her to leave, she said.
Former Union County Public Works & Engineering Director Frank Dann was
hired as Interim Director, pending the hiring of a permanent replacement for
Wnek.
The City of Perth Amboy placed an order with the Amboy Beacon for “Help
Wanted” advertising to seek a new Public Works Director
Thursday, January 6, 2011
32 Units At Harbortown Gone
(Reprinted from Amboy Beacon, Jan. 5, 2011)
PERTH AMBOY — The circumstances behind a suspicious Dec. 19 four-alarm fire
which destroyed 32-unit Building 15 of the massive Harbortown complex in
the northeastern part of the city, leaving 100 residents homeless, are being
examined by city detectives and Middlesex County Arson Unit investigators to
determine whether sufficient safety-measures were in-place to protect lives
and property.
Witnesses said they believed that Building 15’s sprinkler-system was
inoperable, and because of the way the attics are constructed, the blaze was
channeled unimpeded throughout most of the structure.
“There should be a complete investigation of how these units were allowed
to be constructed the way they were,” City Council President Kenneth Balut, a
retired former Perth Amboy police officer, declared.
The fire was not completely-extinguished until the afternoon of Dec. 21,
after experiencing some flareups from smoldering embers throughout Dec. 20
which were attended-to by local firefighters.
Mayor Wilda Diaz lauded the city’s firefighters and others called-in to
help for keeping the blaze from spreading to other buildings in the complex.
She praised the city’s Human Services Department for working closely with
community organizations to help those affected by the Sunday evening fire,
which caused no fatalities and no serious injuries. Ten civilians had minor
injuries and were treated and released by Raritan Bay Medical Center’s Perth
Amboy Division, New Brunswick Avenue.
The American Red Cross supplied the families with vouchers and other
necessities beginning the day of the incident.
“Perth Amboy’s community is really coming-together to provide for our
families,” Diaz said. “We had an overwhelming response from local
organizations, demonstrating Perth Amboy’s spirit of giving, as well as tremendous
generosity from those in surrounding communities who have responded.”
Human Services also opened the Jankowski Community Center, Olive Street, as
a temporary shelter for the families.
On the day before Christmas Eve, Diaz and the City of Perth Amboy hosted a
four-hour-long presentation of donated clothing, toys and food for
distribution from local and surrounding businesses at the Jewish Renaissance Medical
Center, Hobart Street. With prepared foods donated by several area
restaurants, including BBQ Luso, Seabra’s Armory and Mario’s Pizza, plus a visit
from Santa, the event helped to make the holiday season a little brighter.
Support and contributions arrived from the Perth Amboy Board of Education,
Investors Savings Bank, Provident Bank, the New York Jets, the New York
Mets, McGuire Air Force Base, the Jewish Community Center of Edison, the Rotary
Club of Woodbridge/Perth Amboy, Perth Amboy Fire Department and the
Salvation Army. Also, a contingent of U.S. Marines arrived with three cartons of
new, wrapped toys for the children in an extension of its “Toys for Tots”
program, which had officially ended on Dec. 18.
Automobile dealer Ray Catena donated $2,000 gift-cards, and Tropical Cheese
President/CEO Ralph Mendez donated $500 gift-cards, to each of the 31
affected families.
Various local aid organizations also hosted holiday dinners for the
displaced residents throughout the following week. Perth Amboy public school
teachers served a buffet dinner to those who were temporaily housed at the Hampton
Inn, Route 9, Hopelawn.
The Code Enforcement Department issued a “Notice of Imminent Hazard” and
an order to begin to demolish the building to the Harbortown property owners
and their construction management after a structural engineer’s report
determined that residents of nine of the units could recover their belongings
from the burned-out building.
Most tenants in the 31 occupied units have since moved-in with friends or
family, although Harbortown management offered to house displaced residents
in nine vacant rental units in other buildings in the complex.
Fire Chief David Volk had reported that the fire was believed to have
started around 6:30 p.m. in an outside courtyard within the H-shaped building,
but those familiar with the blaze believe that it started as a resident was
working on his SUV inside a carport under the building.
Sources said the fire originally was called-in as a brush-fire, and then a
car-fire, so one of the Fire Department’s ladder-trucks responded. Upon
arrival, city firefighters found the structure fully-involved with a heavy
volume of flame, and Mutual Aid was called-in. Eventually, almost 80 firefighters
responded from Perth Amboy and all sections of Woodbridge Township,
Carteret, East Brunswick, Monroe, North Brunswick, Plainsboro, Sayreville, South
Amboy and South Plainfield.
At the time of this fire, Perth Amboy — which usually operates with three
engines and two ladders, plus a rescue-vehicle — was without its own engine,
but had borrowed Engine 1-10 from the Woodbridge Fire Department —
previously loaned-out to the Avenel and Keasbey Fire Departments — after two of the
city’s three engines were in bad shape and in-need of repair, and its
last-remaining engine was sideswiped by another vehicle two days before the
Harbortown fire.
Since then, one of the two used firetrucks purchased from the Borough of
Bound Brook for $45,000 has been put-into-service.
Witnesses said that water-pressure was a problem, and that firefighters
could be heard yelling-out, “Where’s the water?”
At the Council’s special closeout meeting for 2010, Harbortown homeowner
Roger Williams pointed out that he and his neighbors had “raised concerns
about the sprinkler-system” before, but their concerns were largely-ignored by
the previous Council.
The fire “should never have happened,” he said, attributing the quick
spread of flames to “poor construction and materials” which he said were
brought to the attention of Code Enforcement Director Edward Scala, who did not
attend the Dec. 27 meeting.
“We were told by Ed Scala that we were confusing the quality-of-work with
the code,” Williams said.
“The builder and the city did these people a disservice,” he declared.
“The buildings have no firewalls, and we’re not sure about sprinkler-systems.”
Regarding firewalls, Councilman William Petrick, a former Volunteer Fire
Chief, pointed out that “state building code provide a minimum standard,
requiring “fire-partitions.”
“Harbortown just went-through a major change of its sprinkler-systems,”
Councilman Fernando Gonzalez noted. “Your water-lines were diverted so that
you get charged differently. What’s been done to determine that what’s left
will do the job?”
“The Fire Subcode has to be met when the buildings are constructed,”
Petrick said. “After that, it falls-under the jurisdiction of the Fire Inspector.
How-many sprinklers are there?”
“Twenty-two,” Williams replied.
“There are a variety of ways you can do a sprinkler-system in residential
units,” Petrick noted.
“When the (builder’s) plumber did the work (to separate the
sprinkler-system from the water-lines), it should have been reinspected,” Balut stated.
“It’s a little difficult to inspect once the walls are up.” Petrick said.
“The testing-procedure should have been done before the walls were closed,
and the Fire Inspector should have been there observing the tests.”
“This was a tragic situation that could have been much-worse in the middle
of the night,” Gonzalez said. “I’m sure there will be further discussion of
this.”
Petrick pointed out that “there’s a limited number of sprinkler-heads to
go-off before they could have overwhelmed the system.”
Harbortown homeowner Danielle Berlingieri claimed that when her neighbor
smokes cigarettes inside his unit, “smoke comes-through the wall into our
house” so-thickly that it is visible.
She said that Scala “came-out and agreed that the wall wasn’t
properly-sealed,” but it has been “a cat-and-mouse type of game” to get that problem
addressed.
“I can’t tolerate the smoke,” Berlingieri said. “I can’t live downstairs
in my own home.”
Scala “should issue a violation (notice) to the builder so he has to repair
it,” Petrick said. “If the smoke is penetrating your wall, then you don’t
have a barrier there.”
PERTH AMBOY — The circumstances behind a suspicious Dec. 19 four-alarm fire
which destroyed 32-unit Building 15 of the massive Harbortown complex in
the northeastern part of the city, leaving 100 residents homeless, are being
examined by city detectives and Middlesex County Arson Unit investigators to
determine whether sufficient safety-measures were in-place to protect lives
and property.
Witnesses said they believed that Building 15’s sprinkler-system was
inoperable, and because of the way the attics are constructed, the blaze was
channeled unimpeded throughout most of the structure.
“There should be a complete investigation of how these units were allowed
to be constructed the way they were,” City Council President Kenneth Balut, a
retired former Perth Amboy police officer, declared.
The fire was not completely-extinguished until the afternoon of Dec. 21,
after experiencing some flareups from smoldering embers throughout Dec. 20
which were attended-to by local firefighters.
Mayor Wilda Diaz lauded the city’s firefighters and others called-in to
help for keeping the blaze from spreading to other buildings in the complex.
She praised the city’s Human Services Department for working closely with
community organizations to help those affected by the Sunday evening fire,
which caused no fatalities and no serious injuries. Ten civilians had minor
injuries and were treated and released by Raritan Bay Medical Center’s Perth
Amboy Division, New Brunswick Avenue.
The American Red Cross supplied the families with vouchers and other
necessities beginning the day of the incident.
“Perth Amboy’s community is really coming-together to provide for our
families,” Diaz said. “We had an overwhelming response from local
organizations, demonstrating Perth Amboy’s spirit of giving, as well as tremendous
generosity from those in surrounding communities who have responded.”
Human Services also opened the Jankowski Community Center, Olive Street, as
a temporary shelter for the families.
On the day before Christmas Eve, Diaz and the City of Perth Amboy hosted a
four-hour-long presentation of donated clothing, toys and food for
distribution from local and surrounding businesses at the Jewish Renaissance Medical
Center, Hobart Street. With prepared foods donated by several area
restaurants, including BBQ Luso, Seabra’s Armory and Mario’s Pizza, plus a visit
from Santa, the event helped to make the holiday season a little brighter.
Support and contributions arrived from the Perth Amboy Board of Education,
Investors Savings Bank, Provident Bank, the New York Jets, the New York
Mets, McGuire Air Force Base, the Jewish Community Center of Edison, the Rotary
Club of Woodbridge/Perth Amboy, Perth Amboy Fire Department and the
Salvation Army. Also, a contingent of U.S. Marines arrived with three cartons of
new, wrapped toys for the children in an extension of its “Toys for Tots”
program, which had officially ended on Dec. 18.
Automobile dealer Ray Catena donated $2,000 gift-cards, and Tropical Cheese
President/CEO Ralph Mendez donated $500 gift-cards, to each of the 31
affected families.
Various local aid organizations also hosted holiday dinners for the
displaced residents throughout the following week. Perth Amboy public school
teachers served a buffet dinner to those who were temporaily housed at the Hampton
Inn, Route 9, Hopelawn.
The Code Enforcement Department issued a “Notice of Imminent Hazard” and
an order to begin to demolish the building to the Harbortown property owners
and their construction management after a structural engineer’s report
determined that residents of nine of the units could recover their belongings
from the burned-out building.
Most tenants in the 31 occupied units have since moved-in with friends or
family, although Harbortown management offered to house displaced residents
in nine vacant rental units in other buildings in the complex.
Fire Chief David Volk had reported that the fire was believed to have
started around 6:30 p.m. in an outside courtyard within the H-shaped building,
but those familiar with the blaze believe that it started as a resident was
working on his SUV inside a carport under the building.
Sources said the fire originally was called-in as a brush-fire, and then a
car-fire, so one of the Fire Department’s ladder-trucks responded. Upon
arrival, city firefighters found the structure fully-involved with a heavy
volume of flame, and Mutual Aid was called-in. Eventually, almost 80 firefighters
responded from Perth Amboy and all sections of Woodbridge Township,
Carteret, East Brunswick, Monroe, North Brunswick, Plainsboro, Sayreville, South
Amboy and South Plainfield.
At the time of this fire, Perth Amboy — which usually operates with three
engines and two ladders, plus a rescue-vehicle — was without its own engine,
but had borrowed Engine 1-10 from the Woodbridge Fire Department —
previously loaned-out to the Avenel and Keasbey Fire Departments — after two of the
city’s three engines were in bad shape and in-need of repair, and its
last-remaining engine was sideswiped by another vehicle two days before the
Harbortown fire.
Since then, one of the two used firetrucks purchased from the Borough of
Bound Brook for $45,000 has been put-into-service.
Witnesses said that water-pressure was a problem, and that firefighters
could be heard yelling-out, “Where’s the water?”
At the Council’s special closeout meeting for 2010, Harbortown homeowner
Roger Williams pointed out that he and his neighbors had “raised concerns
about the sprinkler-system” before, but their concerns were largely-ignored by
the previous Council.
The fire “should never have happened,” he said, attributing the quick
spread of flames to “poor construction and materials” which he said were
brought to the attention of Code Enforcement Director Edward Scala, who did not
attend the Dec. 27 meeting.
“We were told by Ed Scala that we were confusing the quality-of-work with
the code,” Williams said.
“The builder and the city did these people a disservice,” he declared.
“The buildings have no firewalls, and we’re not sure about sprinkler-systems.”
Regarding firewalls, Councilman William Petrick, a former Volunteer Fire
Chief, pointed out that “state building code provide a minimum standard,
requiring “fire-partitions.”
“Harbortown just went-through a major change of its sprinkler-systems,”
Councilman Fernando Gonzalez noted. “Your water-lines were diverted so that
you get charged differently. What’s been done to determine that what’s left
will do the job?”
“The Fire Subcode has to be met when the buildings are constructed,”
Petrick said. “After that, it falls-under the jurisdiction of the Fire Inspector.
How-many sprinklers are there?”
“Twenty-two,” Williams replied.
“There are a variety of ways you can do a sprinkler-system in residential
units,” Petrick noted.
“When the (builder’s) plumber did the work (to separate the
sprinkler-system from the water-lines), it should have been reinspected,” Balut stated.
“It’s a little difficult to inspect once the walls are up.” Petrick said.
“The testing-procedure should have been done before the walls were closed,
and the Fire Inspector should have been there observing the tests.”
“This was a tragic situation that could have been much-worse in the middle
of the night,” Gonzalez said. “I’m sure there will be further discussion of
this.”
Petrick pointed out that “there’s a limited number of sprinkler-heads to
go-off before they could have overwhelmed the system.”
Harbortown homeowner Danielle Berlingieri claimed that when her neighbor
smokes cigarettes inside his unit, “smoke comes-through the wall into our
house” so-thickly that it is visible.
She said that Scala “came-out and agreed that the wall wasn’t
properly-sealed,” but it has been “a cat-and-mouse type of game” to get that problem
addressed.
“I can’t tolerate the smoke,” Berlingieri said. “I can’t live downstairs
in my own home.”
Scala “should issue a violation (notice) to the builder so he has to repair
it,” Petrick said. “If the smoke is penetrating your wall, then you don’t
have a barrier there.”
Blizzard Of 2010’ Hits Amboys
(Reprinted from Amboy Beacon, Jan. 5, 2011)
A fierce post-Christmas blizzard left residents of the Middlesex County
Bayshore communities from Sewaren through Laurence Harbor digging-out-of some
of the deepest snowfall this regions has seen in decades.
An average of two feet of snow was dumped-on this area, leaving some of the
communities among the hardest hit in the state, according to
AccuWeather.com, which reported on Dec. 26 that “a northward-moving strengthening storm
will unleash a paralyzing blizzard along a vast swath of the I-95 Northeast
corridor into the next day.
“This is the same storm that buried parts of the West under yards of snow
and mud, along with feet of rain in some locations last week,” Alex
Sosnowski, Expert Senior Meteorologist for AccuWeather.com, warned.
“The storm is no joke,” he said. “Major highways could be shut-down in the
region. Some major airports could stop most flights, creating a nightmare
for those souls heading home after the Christmas holiday, from eastern North
Carolina to Maine. Roads are already a mess in North Carolina and
southeastern Virginia, and will quickly become snow-covered and slippery from south to
north in the remainder of the I-95 Northeast.”
According to Sosnowski, “blizzard conditions” would develop from Atlantic
City up-to the outskirts of Philadelphia and “last for several hours into
the evening,” but that area would not “get the worst of the blizzard,” which
was reserved for the swath north of New York City through New England.
“Screaming winds gusting past 40mph for a multiple-hour stretch will create
whiteout conditions at the height of the storm from New Jersey and Long
Island all the way to Maine,” he said. “Blowing and drifting snow will create
an uphill battle for crews working keep the streets clear during the height
of the storm and in its wake for a time.”
Sosnowski also predicted that “people will get stuck on highways and at
airports in this storm,” and that “travel in parts of the coastal mid-Atlantic
and much of New England will become difficult-to-impossible as the storm
slides northward.”
All of this came-to-pass.
In our area, snow began falling after 10 a.m. on Dec. 26, with measurements
of 35 inches in Edison and 21 inches in Sayreville recorded by the
following afternoon.
Most municipal services were curtailed because of the storm, which left
Fire, Police and Public Works Department employees as the only ones continuing
operations.
Schools already were closed for the yearly Winter Recess, but public
buildings remained closed through Dec. 27, except for those hardy souls who
conducted the Perth Amboy City Council’s special closeout meeting for 2010 at 4:30
p.m. that afternoon at City Hall, High Street, with an audience of a
half-dozen.
Police and Public Works employees teamed-up to clear Perth Amboy’s Snow
Emergency Routes of parked vehicles and the white stuff, as the Parking Utility
suspended parking-meter fines and opened its lots to drivers for free
parking.
Two NJTransit buses got stuck on Dec. 28 while navigating the
ever-increasing mounds of snow being deposited along the sides of Perth Amboy’s
side-streets.
Firefighters from Hopelawn, Keasbey, Sayreville and South Amboy assisted
Perth Amboy firefighters in responding to a three-alarm grease fire at Crown
Chicken, Smith Street near State Street, that same day. No injuries were
reported, but there was smoke and water damage to the Metro/PCS cellphone
store next-door.
An investigation will be conducted to determine whether the mandatory
fire-suppression system over the deep-fryer was operative.
While the Crown Chicken fire was brought-under-control, police stretched
yellow crime-scene tape across the sidealks on the other side of Smith Street
to discourage pedestrians from walking under potentially-dangerous blocks of
frozen snow dropping-off the rooftops there.
At the state level, Senate President Stephen Sweeney declared a limited
State of Emergency as Acting Governor in the absence of both Gov. Christopher
Christie and Lt. Gov. Kim Guadagno, who were out-of-state when the snowstorm
hit.
A fierce post-Christmas blizzard left residents of the Middlesex County
Bayshore communities from Sewaren through Laurence Harbor digging-out-of some
of the deepest snowfall this regions has seen in decades.
An average of two feet of snow was dumped-on this area, leaving some of the
communities among the hardest hit in the state, according to
AccuWeather.com, which reported on Dec. 26 that “a northward-moving strengthening storm
will unleash a paralyzing blizzard along a vast swath of the I-95 Northeast
corridor into the next day.
“This is the same storm that buried parts of the West under yards of snow
and mud, along with feet of rain in some locations last week,” Alex
Sosnowski, Expert Senior Meteorologist for AccuWeather.com, warned.
“The storm is no joke,” he said. “Major highways could be shut-down in the
region. Some major airports could stop most flights, creating a nightmare
for those souls heading home after the Christmas holiday, from eastern North
Carolina to Maine. Roads are already a mess in North Carolina and
southeastern Virginia, and will quickly become snow-covered and slippery from south to
north in the remainder of the I-95 Northeast.”
According to Sosnowski, “blizzard conditions” would develop from Atlantic
City up-to the outskirts of Philadelphia and “last for several hours into
the evening,” but that area would not “get the worst of the blizzard,” which
was reserved for the swath north of New York City through New England.
“Screaming winds gusting past 40mph for a multiple-hour stretch will create
whiteout conditions at the height of the storm from New Jersey and Long
Island all the way to Maine,” he said. “Blowing and drifting snow will create
an uphill battle for crews working keep the streets clear during the height
of the storm and in its wake for a time.”
Sosnowski also predicted that “people will get stuck on highways and at
airports in this storm,” and that “travel in parts of the coastal mid-Atlantic
and much of New England will become difficult-to-impossible as the storm
slides northward.”
All of this came-to-pass.
In our area, snow began falling after 10 a.m. on Dec. 26, with measurements
of 35 inches in Edison and 21 inches in Sayreville recorded by the
following afternoon.
Most municipal services were curtailed because of the storm, which left
Fire, Police and Public Works Department employees as the only ones continuing
operations.
Schools already were closed for the yearly Winter Recess, but public
buildings remained closed through Dec. 27, except for those hardy souls who
conducted the Perth Amboy City Council’s special closeout meeting for 2010 at 4:30
p.m. that afternoon at City Hall, High Street, with an audience of a
half-dozen.
Police and Public Works employees teamed-up to clear Perth Amboy’s Snow
Emergency Routes of parked vehicles and the white stuff, as the Parking Utility
suspended parking-meter fines and opened its lots to drivers for free
parking.
Two NJTransit buses got stuck on Dec. 28 while navigating the
ever-increasing mounds of snow being deposited along the sides of Perth Amboy’s
side-streets.
Firefighters from Hopelawn, Keasbey, Sayreville and South Amboy assisted
Perth Amboy firefighters in responding to a three-alarm grease fire at Crown
Chicken, Smith Street near State Street, that same day. No injuries were
reported, but there was smoke and water damage to the Metro/PCS cellphone
store next-door.
An investigation will be conducted to determine whether the mandatory
fire-suppression system over the deep-fryer was operative.
While the Crown Chicken fire was brought-under-control, police stretched
yellow crime-scene tape across the sidealks on the other side of Smith Street
to discourage pedestrians from walking under potentially-dangerous blocks of
frozen snow dropping-off the rooftops there.
At the state level, Senate President Stephen Sweeney declared a limited
State of Emergency as Acting Governor in the absence of both Gov. Christopher
Christie and Lt. Gov. Kim Guadagno, who were out-of-state when the snowstorm
hit.
S. Amboy: 23 Votes Challenged
(Reprinted from Amboy Beacon, Jan. 5, 2011)
SOUTH AMBOY — City Council President Fred Henry was expected to be sworn-in
as Mayor before the Council reorganizes today at 6 p.m. at City Hall, N.
Broadway, but his final status as South Amboy’s new Chief Executive has been
put-off until after a hearing before Superior Court Judge Phillip Paley,
sitting in New Brunswick, on Monday, Jan. 10, at 8:30 a.m.
Copies of the filings by interested parties in the case have been obtained
by the Amboy Beacon.
Late last week, the Judge ordered that administration of the oath-of-office
to Henry as the city’s first new Mayor in over two decades take-place
before Tuesday, Jan. 11, when a decision is expected to be made on contested
ballots.
However, any appointments by Henry would be temporary until the election is
settled.
This follows submission of a seven-page petition to Paley by Christopher
Struben, attorney for Independent candidate Mary O’Connor, and filing of a
six-page cross-petition by Michael Baker, attorney for Henry.
The Middlesex County Board of Elections, represented by Deputy Attorney
General Donna Kelly, also is a party to the case, but did not file any
documents.
The wild-card in the case is participation as an “amicus curiae” (friend
of the court) by Senior Counsel Flavio Komuves of the American Civil
Liberties Union (ACLU) of New Jersey Foundation, Newark, who submitted to Paley a
19-page brief detailing its legal arguments concerning voters allegedly denied
their rights by election officials. ACLU’s interest in the matter stems
from its support for “the Constitutional right of individuals to vote, and to
have their votes counted.”
The ACLU submission maintains that Alexa Hess, whose provisional ballot was
rejected; Michael Berardo, whose MIB was voided, and Eric Cheng, who was
denied a provisional ballot, were deprived-of their rights; that Henry’s
three-vote “win” should therefore be set-aside, and that a new election should
be held.
The O’Connor petition, prepared by Struben partner Michael Percario, takes
the same positions regarding Hess, Berardo and Cheng.
In addition, it maintains that the machine votes of Carol McGloan and Grace
Hoffman, allegedly residents of Sayreville; the provisional votes of Bert
Colon, Kenneth Horn, Victoria Kedmenec, Jay Vignola and Darlene Gallucci,
allegedly residents of South Amboy for less than the minimum 21 days, and the
MIBs of Joshua Gonzalez, Jeremy Gonzalez, Maria Crowley and Dennis Crowley,
allegedly signed by messenger Ryan Tooker, son of Business Administrator
Camille Tooker, be disallowed; that Henry’s three-vote “win” be set-aside, and
that O’Connor be declared the winner or, alternatively, a new election be
held.
The Henry cross-petition, prepared by Baker partner Karl Kemm, takes no
position regarding Hess, Berardo, Cheng, McGloan, Hoffman, Colon, Horn,
Kedmenec, Vignola, Gallucci, the Gonzalez family or the Crowley family.
Instead, the MIB of Taryn Congleton and the machine votes of Gary Bouchard,
Robert Point, Kevin O’Connor and Felipe Burgos are disputed on alleged
non-residency grounds, and there is reference to “seven illegally-cast votes,”
even-though only those five names are listed.
Ironically, Henry had stated before the cross-petition’s filing that “it’s
the American way of doing things that all the votes are counted,” and “to
suppress them as she (O’Connor) wanted to do is wrong.”
The cross-petition also cites Patricia Santucci, Anthony Santucci and Marie
Santucci, who were allegedly denied provisional ballots, and John Thomas
O’Leary, Mayor John O’Leary’s son, whose MIB was voided, as being deprived-of
their rights.
The cross-petition seeks to reconfirm Henry as winner of the Nov. 2
election for Mayor or, alternatively, to order that a new election be held.
This election dispute arose over the closeness of the vote for Mayor on
Nov. 2 following what most observers agreed was among the dirtiest campaigns in
county history.
In addition to the usual rash of reports of campaign-signs being torn-down
or put-up without authorization, last year’s local contest saw the
resurrection on a weekly basis of a bimonthly community newspaper which was defunct
for about 10 years, now unabashedly promoting the Democratic ticket; the
anonymous distribution of one flier depicting an O’Connor supporter in a Nazi
uniform, and another flier attacking O’Connor as a “terrorist,” and the
mysterious “endorsement” of Independent Vincent Mackiel’s mayoral candidacy by a
non-existent “South Amboy Tea Party.”
The unofficial vote-tally on South Amboy’s nine voting-machines had Henry
as the winner over O’Connor and the two other Independent candidates, Mackiel
and John Dragotta, by 14 votes.
On Election Night, the counting of Mail-In Ballots (MIBs), formerly-known
as “absentee-ballots,” had Henry as unofficial winner by eight votes, which
was shaved to three votes after additional MIBs were found.
That left the counting of 22 provisional ballots by the county Board, which
produced a margin of one vote for Henry.
O’Connor requested, paid-for and was granted a recount, which led to the
same one-vote lead for Henry. However, O’Connor later discovered that the
Board miscounted not once, but twice, a provisional ballot cast by a Sayreville
resident for Henry which was supposed-to have been covered by a sticker.
That ballot’s disqualification was affirmed by the state Attorney
General’s Office, whose investigators were — along with several FBI agents —
conducting an ongoing probe of alleged voter-fraud at the Board’s Headquarters on
Jersey Avenue at the time.
If certified as final, a tied-vote would have triggered a special election
between Henry and O’Connor on Tuesday, Jan. 19.
However, six “misplaced” provisional ballots from the disputed Nov. 2
South Amboy mayoral election were discovered three weeks later at the Jersey
Avenue facility by workers who broke the seals on the envelopes.
Despite a strenuous argument against it by Struben, Paley ruled that the
six ballots, now-resealed, be opened and counted, and three votes each were
found to have been cast for Henry and Mackiel.
That left Henry with a three-vote lead prior to individual ballot
challenges, which are scheduled to be heard by Paley next Monday.
At the hearing on whether to open the six newly-found ballots, Struben
asked that these ballots not be counted because “the security and integrity of
the ballot procedures were not followed” in that all of the “affirmations”
were torn from the envelopes which held the ballots.
Kelly said the Board had kept the ballots locked inside a room in its
Jersey Avenue offices within an envelope. She said that she directed the Board to
put the opened ballots inside another envelope, and “they were put in a box
and locked in a closet.”
There were 22 provisional ballots submitted, three of which were voided by
the Board’s staff after painstaking research of the registration rolls. But
of the 19 remaining ballots that should have been put-through the scanner,
there were only 13 the day they were counted by the Board.
Kelly maintained that everything was “done according-to procedure,” and
that there was “no indication that any unauthorized person had access to the
ballots.”
Thus, she said, there were “six valid votes that need to be counted.”
Baker agreed with Kelly that the votes were “valid,” and stated that “no
one slipped-in any ballots.”
Struben disagreed and stated, “The problem here is security of the
ballots,” Struben said, maintaining that the “chain-of-custody” was broken when the
six ballots were lost, and again when they were found and opened.
Paley said he wanted “all the votes to be counted,” and so-ordered, but
added that Struben “will have the right to challenge the results” of the
counting.
SOUTH AMBOY — City Council President Fred Henry was expected to be sworn-in
as Mayor before the Council reorganizes today at 6 p.m. at City Hall, N.
Broadway, but his final status as South Amboy’s new Chief Executive has been
put-off until after a hearing before Superior Court Judge Phillip Paley,
sitting in New Brunswick, on Monday, Jan. 10, at 8:30 a.m.
Copies of the filings by interested parties in the case have been obtained
by the Amboy Beacon.
Late last week, the Judge ordered that administration of the oath-of-office
to Henry as the city’s first new Mayor in over two decades take-place
before Tuesday, Jan. 11, when a decision is expected to be made on contested
ballots.
However, any appointments by Henry would be temporary until the election is
settled.
This follows submission of a seven-page petition to Paley by Christopher
Struben, attorney for Independent candidate Mary O’Connor, and filing of a
six-page cross-petition by Michael Baker, attorney for Henry.
The Middlesex County Board of Elections, represented by Deputy Attorney
General Donna Kelly, also is a party to the case, but did not file any
documents.
The wild-card in the case is participation as an “amicus curiae” (friend
of the court) by Senior Counsel Flavio Komuves of the American Civil
Liberties Union (ACLU) of New Jersey Foundation, Newark, who submitted to Paley a
19-page brief detailing its legal arguments concerning voters allegedly denied
their rights by election officials. ACLU’s interest in the matter stems
from its support for “the Constitutional right of individuals to vote, and to
have their votes counted.”
The ACLU submission maintains that Alexa Hess, whose provisional ballot was
rejected; Michael Berardo, whose MIB was voided, and Eric Cheng, who was
denied a provisional ballot, were deprived-of their rights; that Henry’s
three-vote “win” should therefore be set-aside, and that a new election should
be held.
The O’Connor petition, prepared by Struben partner Michael Percario, takes
the same positions regarding Hess, Berardo and Cheng.
In addition, it maintains that the machine votes of Carol McGloan and Grace
Hoffman, allegedly residents of Sayreville; the provisional votes of Bert
Colon, Kenneth Horn, Victoria Kedmenec, Jay Vignola and Darlene Gallucci,
allegedly residents of South Amboy for less than the minimum 21 days, and the
MIBs of Joshua Gonzalez, Jeremy Gonzalez, Maria Crowley and Dennis Crowley,
allegedly signed by messenger Ryan Tooker, son of Business Administrator
Camille Tooker, be disallowed; that Henry’s three-vote “win” be set-aside, and
that O’Connor be declared the winner or, alternatively, a new election be
held.
The Henry cross-petition, prepared by Baker partner Karl Kemm, takes no
position regarding Hess, Berardo, Cheng, McGloan, Hoffman, Colon, Horn,
Kedmenec, Vignola, Gallucci, the Gonzalez family or the Crowley family.
Instead, the MIB of Taryn Congleton and the machine votes of Gary Bouchard,
Robert Point, Kevin O’Connor and Felipe Burgos are disputed on alleged
non-residency grounds, and there is reference to “seven illegally-cast votes,”
even-though only those five names are listed.
Ironically, Henry had stated before the cross-petition’s filing that “it’s
the American way of doing things that all the votes are counted,” and “to
suppress them as she (O’Connor) wanted to do is wrong.”
The cross-petition also cites Patricia Santucci, Anthony Santucci and Marie
Santucci, who were allegedly denied provisional ballots, and John Thomas
O’Leary, Mayor John O’Leary’s son, whose MIB was voided, as being deprived-of
their rights.
The cross-petition seeks to reconfirm Henry as winner of the Nov. 2
election for Mayor or, alternatively, to order that a new election be held.
This election dispute arose over the closeness of the vote for Mayor on
Nov. 2 following what most observers agreed was among the dirtiest campaigns in
county history.
In addition to the usual rash of reports of campaign-signs being torn-down
or put-up without authorization, last year’s local contest saw the
resurrection on a weekly basis of a bimonthly community newspaper which was defunct
for about 10 years, now unabashedly promoting the Democratic ticket; the
anonymous distribution of one flier depicting an O’Connor supporter in a Nazi
uniform, and another flier attacking O’Connor as a “terrorist,” and the
mysterious “endorsement” of Independent Vincent Mackiel’s mayoral candidacy by a
non-existent “South Amboy Tea Party.”
The unofficial vote-tally on South Amboy’s nine voting-machines had Henry
as the winner over O’Connor and the two other Independent candidates, Mackiel
and John Dragotta, by 14 votes.
On Election Night, the counting of Mail-In Ballots (MIBs), formerly-known
as “absentee-ballots,” had Henry as unofficial winner by eight votes, which
was shaved to three votes after additional MIBs were found.
That left the counting of 22 provisional ballots by the county Board, which
produced a margin of one vote for Henry.
O’Connor requested, paid-for and was granted a recount, which led to the
same one-vote lead for Henry. However, O’Connor later discovered that the
Board miscounted not once, but twice, a provisional ballot cast by a Sayreville
resident for Henry which was supposed-to have been covered by a sticker.
That ballot’s disqualification was affirmed by the state Attorney
General’s Office, whose investigators were — along with several FBI agents —
conducting an ongoing probe of alleged voter-fraud at the Board’s Headquarters on
Jersey Avenue at the time.
If certified as final, a tied-vote would have triggered a special election
between Henry and O’Connor on Tuesday, Jan. 19.
However, six “misplaced” provisional ballots from the disputed Nov. 2
South Amboy mayoral election were discovered three weeks later at the Jersey
Avenue facility by workers who broke the seals on the envelopes.
Despite a strenuous argument against it by Struben, Paley ruled that the
six ballots, now-resealed, be opened and counted, and three votes each were
found to have been cast for Henry and Mackiel.
That left Henry with a three-vote lead prior to individual ballot
challenges, which are scheduled to be heard by Paley next Monday.
At the hearing on whether to open the six newly-found ballots, Struben
asked that these ballots not be counted because “the security and integrity of
the ballot procedures were not followed” in that all of the “affirmations”
were torn from the envelopes which held the ballots.
Kelly said the Board had kept the ballots locked inside a room in its
Jersey Avenue offices within an envelope. She said that she directed the Board to
put the opened ballots inside another envelope, and “they were put in a box
and locked in a closet.”
There were 22 provisional ballots submitted, three of which were voided by
the Board’s staff after painstaking research of the registration rolls. But
of the 19 remaining ballots that should have been put-through the scanner,
there were only 13 the day they were counted by the Board.
Kelly maintained that everything was “done according-to procedure,” and
that there was “no indication that any unauthorized person had access to the
ballots.”
Thus, she said, there were “six valid votes that need to be counted.”
Baker agreed with Kelly that the votes were “valid,” and stated that “no
one slipped-in any ballots.”
Struben disagreed and stated, “The problem here is security of the
ballots,” Struben said, maintaining that the “chain-of-custody” was broken when the
six ballots were lost, and again when they were found and opened.
Paley said he wanted “all the votes to be counted,” and so-ordered, but
added that Struben “will have the right to challenge the results” of the
counting.
Dentists: Center’s Competition Unfair
(Reprinted from Amboy Beacon, Jan. 5, 2011)
PERTH AMBOY — Nine city dentists in private practice held a news conference
in December at a dentist’s High Street office to complain that the Jewish
Renaissance Medical Center, Hobart Street, is driving them out-of-business
because of financial preferences JRMC receives as a federally-qualified
healthcare center.
The dentists’ biggest concerns apparently center-around exemptions from
having to purchase malpractice-insurance for JRMC’s practitioners, “who are
considered federal employees immune from malpractice lawsuits,” according to
Dr. Jaime Morales, in whose office the news conference was held.
“For example, an OB/GYN (obstetrician/gynecologist) has to purchase
malpractice-insurance costing over $200,000-a-year,” Morales said. “At Jewish
Renaissance, the government covers them. If anyone has a problem, they must sue
the United States.
“Also, the government pays for equipment costs and grants to train staff,”
he added. “We cannot compete with the government.”
Morales had invited the Amboy Beacon to participate, along with
representatives of the Home News Tribune, but it was delayed after one of that
newspaper’s reporters made a cellphone call that brought-out General Manager/Editor
Paul Grzella.
“If THEY stay, then we’re leaving,” Grzella announced soon after his
arrival, pointing to Amboy Beacon Editor/Publisher Bill George and Advertising
Manager Carolyn Maxwell.
George and Maxwell left the building, joined by three members of the public
and Dr. Lydia David, State Street, one of the nine dentists, but met
privately with Morales, designated as the dentists’ spokesman, later the same day.
Other dentists who were identified by Morales as joining the protest were
Dr. George Flugrad, High Street; Dr. Maureen Fraser, New Brunswick Avenue;
Dr. George Likakis, New Brunswick Avenue; Dr. Caridad Marmolejos, State
Street; Dr. Manuel Marmolejos, State Street; Dr. Gloria Pou, State Street, and
Dr. Peter Tzambazis, High Street.
The Home News Tribune ran a front-page story before the end of 2010 in
which it was pointed-out that JRMC is accepting charity-care patients but the
private dentists are not.
However, there was no mention of malpractice-insurance, government payments
for equipment costs or grants to train staff in the story, which ran over
30 inches.
Morales said that he and the other private practitioners began feeling the
effects of advantages given to JRMC after the Center was given access to
Perth Amboy’s public school students by the Board of Education.
“This made it very-tough for us to compete, and it goes-beyond Perth
Amboy,” he said. “Jewish Renaissance is operating clinics in Newark, where they
send their overload to wait three hours.”
Morales said that it also is unclear “where they’re sending their
lab-work,” since that business “has literally dried-up in Perth Amboy.”
He predicted that other medical practitioners, not just dentists, “are
going to feel this when they (JRMC) expand their services.”
Morales took-personally the criticism he said he was subjected-to after
complaining about JRMC to public officials.
Showing a photograph of a Nicaraguan orphanage that he supports
financially, Morales said, “They say I’m trying to take money away from the kids.”
PERTH AMBOY — Nine city dentists in private practice held a news conference
in December at a dentist’s High Street office to complain that the Jewish
Renaissance Medical Center, Hobart Street, is driving them out-of-business
because of financial preferences JRMC receives as a federally-qualified
healthcare center.
The dentists’ biggest concerns apparently center-around exemptions from
having to purchase malpractice-insurance for JRMC’s practitioners, “who are
considered federal employees immune from malpractice lawsuits,” according to
Dr. Jaime Morales, in whose office the news conference was held.
“For example, an OB/GYN (obstetrician/gynecologist) has to purchase
malpractice-insurance costing over $200,000-a-year,” Morales said. “At Jewish
Renaissance, the government covers them. If anyone has a problem, they must sue
the United States.
“Also, the government pays for equipment costs and grants to train staff,”
he added. “We cannot compete with the government.”
Morales had invited the Amboy Beacon to participate, along with
representatives of the Home News Tribune, but it was delayed after one of that
newspaper’s reporters made a cellphone call that brought-out General Manager/Editor
Paul Grzella.
“If THEY stay, then we’re leaving,” Grzella announced soon after his
arrival, pointing to Amboy Beacon Editor/Publisher Bill George and Advertising
Manager Carolyn Maxwell.
George and Maxwell left the building, joined by three members of the public
and Dr. Lydia David, State Street, one of the nine dentists, but met
privately with Morales, designated as the dentists’ spokesman, later the same day.
Other dentists who were identified by Morales as joining the protest were
Dr. George Flugrad, High Street; Dr. Maureen Fraser, New Brunswick Avenue;
Dr. George Likakis, New Brunswick Avenue; Dr. Caridad Marmolejos, State
Street; Dr. Manuel Marmolejos, State Street; Dr. Gloria Pou, State Street, and
Dr. Peter Tzambazis, High Street.
The Home News Tribune ran a front-page story before the end of 2010 in
which it was pointed-out that JRMC is accepting charity-care patients but the
private dentists are not.
However, there was no mention of malpractice-insurance, government payments
for equipment costs or grants to train staff in the story, which ran over
30 inches.
Morales said that he and the other private practitioners began feeling the
effects of advantages given to JRMC after the Center was given access to
Perth Amboy’s public school students by the Board of Education.
“This made it very-tough for us to compete, and it goes-beyond Perth
Amboy,” he said. “Jewish Renaissance is operating clinics in Newark, where they
send their overload to wait three hours.”
Morales said that it also is unclear “where they’re sending their
lab-work,” since that business “has literally dried-up in Perth Amboy.”
He predicted that other medical practitioners, not just dentists, “are
going to feel this when they (JRMC) expand their services.”
Morales took-personally the criticism he said he was subjected-to after
complaining about JRMC to public officials.
Showing a photograph of a Nicaraguan orphanage that he supports
financially, Morales said, “They say I’m trying to take money away from the kids.”
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