The Jersey City Independent "

This week’s City Council agenda was deceptive: despite containing only three first read ordinances and no second reads, the meeting did not fly by, clocking in at a little over three hours. Fourteen members of the community were on hand to speak — even though the meeting time was changed to 10 am in observance of summer hours — and council members commented on many of the 81 resolutions before casting their votes. Ward F councilwoman Viola Richardson was absent, and Ward E councilman Steve Fulop departed after voting on the first reads.

6th Street Embankment

Even though there was a lot of talk at this meeting, the only truly contentious issue was a resolution to extend the contract of attorney Charles Montange, who represented the city on the 6th Street Embankment issue before the Surface Transportation Board (STB). The new terms of the contract add $50,000 to Montange’s initial fee of just over $100,000.

The STB ruled in favor of the city’s interests in October 2007, saying that Conrail, the Embankment’s former owner, did not properly abandon the site; this decision called into question developer Steve Hyman’s claim to the property. Hyman’s wife Victoria bought the Embankment from Conrail in 2005 for the bargain basement price of $3 million, but Hyman’s attempts to build a residential development on the site have been stymied by the city and the Embankment Preservation Coalition, who wish to see the historic structure used for passive open space and a possible light rail extension. Other groups, such as Rails to Trails and the East Coast Greenway, have been involved in the fight to preserve the historic structure.

Last month, Hyman scored a point in this battle when a federal appeals court ruled that the STB did not have authority in the case. But the city has indicated that it will continue to litigate, and so will Hyman.

At Wednesday’s meeting, Hyman told the council that he intends to file suit against Montange, saying that the attorney is in violation of the law because he represents the city and the Embankment Coalition, as well as Rails to Trails. Hyman also scoffed at the notion that Montange is “the smartest guy in any room when it comes to railroad issues,” given that Montange, who was hired in part for his expertise, was apparently unaware that the STB did not have authority to hear the city’s case. Hyman said that if he wins his suit, he will ask Montange to reimburse the city for the fees he charged to argue the STB case.

When the resolution came up for a vote, three council members expressed concerns about extending Montange’s contract, but in the end it passed 5-2. Ward A councilman Mike Sottolano echoed Hyman’s doubts about Montange’s competence, but seemed more concerned that the city was continuing to spend money on the 6th Street Embankment without tangible results. He expressed his dismay that at this point in the legal battle, the city still does not have a clear idea of how much it will eventually cost to purchase the property. “I’m at the point of exhaustion,” Sottolano said. “There’s no point in winning if we can’t afford [to buy the site].” Despite his concerns, Sottolano voted in favor of the resolution.

Ward D councilman Bill Gaughan and At-Large councilman Peter Brennan both lodged “no” votes, citing their views that the city should be looking for ways to reduce spending and decrying the lack of progress in the case. Corporation counsel Bill Matsikoudis defended the city’s continued pursuit of the case and addressed Sottolano’s concerns about costs by saying that a meeting will be held in August to iron out specific expense projections.

Master Sup Wows the Crowd

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One of the members of the public who addressed the council was Dennis Burgess, better known as “Master Sup Tacular” to Jersey City public school students and those of you who were following former Assemblyman and 2009 mayoral candidate Lou Manzo’s public access television show this spring. Master Sup (pronounced as in the first syllable of “super”) is a martial artist and motivational speaker who reaches out to at-risk youth with his organization, Saving Our Young Tomorrow. He was in the council chambers on Wednesday to promote a fundraiser for his organization, as well as to demonstrate his skill at ripping phone books and breaking cement blocks (see video below), despite a bit of good-natured heckling from City Clerk Robert Byrne.

First Reads

Only three first read ordinances were introduced at the meeting, and all passed without comment. The first classifies a new job title for city employee Brittany Flowers, the second dedicates the corner of Martin Luther King Drive and Armstrong Avenue as Bishop Clyde L. Harris Way, and the third amends the municipal code to allow the council to elect a Council President Pro Tem.

Odds & Ends

* The council held two public hearings, allowing the public an opportunity to comment on the proposed budgets of the Central Avenue and Journal Square Special Improvement Districts (SIDs). No substantive comment was made and the public hearings were closed. Both budgets were adopted at the meeting in the form of council resolutions. In a later resolution, the budget of the Historic Downtown SID was introduced and approved, subject to a public hearing to be scheduled at an upcoming date.

* Besides Steve Hyman and Master Sup, 12 other community members addressed the council. Of particular note was Miriam Melendez, who presented petitions asking for increased security at a West Side Avenue park where her son Dareus Burgess was killed last month.

* Also heard Wednesday were: questions about a tax abatement for the senior citizens’ residence at 3060 Kennedy Blvd.; a paean to the splendor of the historic Loew’s Jersey theater; an extended reprimand by former mayor Anthony Cucci for the council’s actions on school board reform, along with a request to display the city’s official seal more conspicuously; an appeal by PATH-train fixture Teddy Woodward to investigate complaints that people are being denied welfare because of drug charges on their record; and a complaint from community organizer and former Ward F council candidate LaVern Webb-Washington about the lack of communication from the city to its residents about their plans to use federal stimulus dollars.

* All resolutions that went before the council passed unanimously, with the exceptions of the Charles Montange resolution and a resolution that awarded a nearly $4.3 million contract to Green Construction, Inc. to renovate Bayside Park. Brennan voted “no,” saying he did not believe it was “the best company” for the job.

* The approval of a $1.6 million contract to Schtiller and Plevy for Phase II of the renovation of the Van Wagenen Apple Tree House on Academy Street raised more budget questions from Sottolano and Brennan. Brennan said the Apple Tree House project was starting to remind him of the Embankment, with the city continuing to spend millions on the project without yet seeing any tangible results. Sottolano wanted to know what the ultimate total cost of the project would be.

* A resolution that supported the Jersey City Redevelopment Agency’s application for $37.4 million in funding under the federal Department of Housing and Urban Development’s Neighborhood Stabilization Program was passed, but Sottolano, Gaughan and Brennan all commented that they would like to see the boundaries of the area eligible to benefit from this funding expanded.

* The Jersey City Museum was awarded a budget of up to $562,500 to operate for the 2009-2010 fiscal year. Although he voted in favor of the resolution, Gaughan expressed his hope that the museum would “tighten its belt” this year in light of the city’s economic circumstances. He was apparently unaware that the museum has already reduced its operating hours, cut staff salaries by 20 percent, eliminated two positions and cut other expenditures.

* More than $11 million in emergency temporary appropriations were approved for the fiscal year 2010 municipal budget, increasing two existing line items and establishing 17 new ones.

* The council cancelled outstanding payables and returned erroneous payments totaling at least $317,000 and settled real estate tax assessment complaints to the tune of nearly $117,000.

* The Planning Board’s recommendation to classify an area in the vicinity of the intersection of Summit and Fairmount Avenues as “an area in need of redevelopment” was accepted.

* The city will apply for two grants: one from the state Department of Transportation’s Safe Streets to Neighborhoods Program would provide funds for improving municipal traffic infrastructure with an eye to increase safety; another from the county Department of Health and Human Services’ Municipal Drug Alliance would provide for more than $240,000 worth of drug counseling and education services. The council also approved the implementation of a nearly $445,000 intergovernmental grant from the federal Department of Justice’s Byrne Justice Assistance Program that will be used to continue “Quality of Life” police patrols and install cameras in police cars.

* In 2004, the city awarded contracts to construction firm Assuncao Brothers, Inc. (ABI) to improve various roadways in the city. Last year, ABI filed a claim with the city, saying they were owed additional fees totaling nearly $2 million because of construction delays caused by the city. This week, the council agreed to pay consulting firm Dresdner Robin Associates up to $7,000 and engineering firm CMX up to $13,180 to help determine whether the city owes ABI the additional money.

* The city will receive nearly $830,000 in federal funding for the purposes of conducting a study on the creation of a proposed “multi-use urban boulevard” on the Route 440/Route 1&9 truck route near the Hackensack Riverfront. The study will also determine whether through truck traffic can be removed from that roadway.

* Although the council approved a permit to set off fireworks at a festival at Our Lady of Mt. Carmel Church on Broadway this week, Councilman Brennan wanted to make sure that no fireworks would be used at next month’s carnival at Holy Rosary Church on 6th Street before voting to allow a street closure there. The council also approved street closures in Exchange Place for a York Street Project fundraiser, the Dominican Parade and the Puerto Rican Festival, as well as other street closures for the Riverview Neighborhood Association’s annual flea market, Powerhouse Arts District Neighborhood Association community barbecue and a carnival at St. Aedan’s Church on Mercer Street.

* Joseph Riccio was appointed as Brennan’s new council aide.

* The eastbound and westbound bus stops at the intersection of Sip and Bryant Avenues were removed.

* John Milner Associates’ proposal for consulting on the Historic Preservation Plan and Historic Report Structures of Reservoir #3 was accepted by the council. The job is worth $355,601 to the Virginia firm.

What else are we buying?
The council approved the following purchases on Wednesday:

* $15.7 million to Express Scripts for another year of prescription drug insurance for city employees and retirees.
* $3,878,841 to Zuccaro & Sons for Phase II of the improvement of Christopher Columbus Drive.
* $400,281 to T. Slack Environmental Services for the installation of fueling stations at Jersey City Fire Headquarters.
* $350,000 to Turn Out Fire Safety for the replacement of damaged and contaminated firefighting gear.
* $151,212.41 to New Jersey Business Systems for point-to-point WAN links in the Public Safety Communications Center under construction on Bishop Street.
* $139,980 to Amber Air for HVAC and boiler maintenance for city-owned buildings.
* $135,000 to Lawman Supply for police body armor.
* Up to $93,000 to Verizon for an emergency reporting system for the Fire Department.
* Up to $46,000 to New Pathway Counseling Services for counseling services for city employees.
* Up to $20,000 to JVS Corporate Services for city employees’ mandatory training on the subject of workplace discrimination and harassment.
* $11,523 to the state Department of Military and Veterans Affairs for a year’s use of 255 sq. ft. of space within the Jersey City Armory to store city-owned radio equipment.

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