The Jersey City Independent "

All photos: Steve Gold

For observers and participants of City Council meetings since the introduction of the draft budget in January, Wednesday’s meeting was either disappointingly calm or a welcome respite — depending upon their perspective. Only about 50 people attended, a sparse number compared to the hundreds that have jammed council chambers in recent months, and those who addressed the council were also few relative to the numbers at meetings since January.

All nine council members were present for the entire meeting, which lasted a bit less than two hours. They considered seven first reading ordinances, three second reads and 43 resolutions.

JC1TV May Broadcast Meetings After All

One among a flurry of cost-cutting and open-government bills first proposed to the council by Ward E councilman Steven Fulop at the Feb. 8 caucus meeting was a first reading ordinance that would require city-owned cable station JC1TV to televise city council meetings. In a statement supporting the legislation, Fulop called for the station “to show the public who votes for waterfront tax abatements, who votes for no-show jobs, and who puts their own personal interests ahead of the taxpayers.”

At the urging of the administration, certain controversial provisions were removed from the bill, such as requiring the live broadcast of meetings and council approval of the station’s program schedule. But even the watered-down version of the bill could not garner enough support from Fulop’s council colleagues to pass introduction; the bill was killed by a 6-2 vote at the Feb. 10 meeting, with Richardson joining Fulop in supporting the measure. At the following council meeting on March 10, Fulop reintroduced the ordinance and it was once again voted down, this time gaining an additional aye from Ward C councilwoman Nidia Rivera Lopez. Lopez said she changed her mind about the ordinance after hearing from some constituents who “were really upset” by her previous nay vote.

But Fulop has since gained an unlikely ally in this battle, and his ordinance on the matter was finally formally introduced by the council on Wednesday. At Monday’s caucus, Ward B councilman David Donnelly, who has crossed swords with Fulop over a number of policy issues since being appointed to the council in October of last year, asked the council to support a revised version of Fulop’s ordinance that incorporated a provision to eliminate the additional cost of videotaping the meetings. By repurposing the video capture system that the City Clerk’s office already uses to record council meetings, JC1TV can broadcast a recording of the meetings without paying their own production costs.

Fulop voiced his support for Donnelly’s ordinance at the caucus and suggested that the cost-saving portions be folded into his existing ordinance on the matter. Donnelly agreed to withdraw the ordinance he was proposing, and Fulop’s modified ordinance was on Wednesday’s agenda. The council voted 5-4 for introduction, with Fulop, Richardson and Lopez once again voting in favor along with Donnelly, and picking up a deciding vote from Ward A councilman Michael Sottolano.

Those who voted against the bill did not explain their votes, although they were later asked to do so by a resident. During the public hearing portion of the meeting, John Seborowski asked “the four people that voted against this, what would it take for you to vote for it?” The only reply he received was from Council President Peter Brennan, who told Seborowski “we have two weeks … to change our minds.”

City Car Policy Changes Gears

Three other ordinances in the set of repeat batters brought to the plate by Fulop were once again knocked down on Wednesday. Among them were two bills intended to strip the board members of the Jersey City Incinerator Authority (JCIA) and the Municipal Utilities Authority (MUA) of their health benefits, defeated 3-5-1 and 3-4-2, respectively. Only Fulop, Richardson and At-Large councilman Mariano Vega* voted in favor of both bills; Ward D councilman Bill Gaughan, whose daughter Eileen Gaughan chairs the MUA board, abstained on the MUA vote and At-Large councilwoman Willie Flood, whose husband Phil Flood chairs the JCIA board, abstained from both votes.

The third of these ordinances would mandate that all city vehicles assigned to employees (except for certain police cars) read, in letters at least three inches high, on each side: “CITY OF JERSEY CITY. FOR OFFICIAL USE ONLY.” Currently, any vehicle “exempted by the mayor and business administrator” can avoid having the identification on it. The bill failed introduction on its last two attempts, and this time around was no different, as it was defeated 3-6, with an aye from Fulop and new support coming from Donnelly and Vega*.

Fulop’s failed ordinance is tied up in a larger fight over city-owned cars, who has them and how they are used. The Healy administration has announced that it is reducing the number of vehicles assigned to employees by 20 percent, but Fulop is pushing for tighter regulation of the fleet.

While Fulop’s JC1TV ordinance was reanimated by Donnelly’s cost-cutting suggestion, an administration-backed bill addressing vehicles that belong to certain high-level staff members seems to be headed in the opposite direction. The first reading ordinance, which was introduced 7-2 on Wednesday, repeals provisions in the current code that regulate the use of city-owned cars assigned to staff by the mayor and replaces them with a clause that classifies the cars as “compensation.” The new bill is intended to reflect the fact that council members and department directors are required to pay taxes on their city vehicles, but Fulop says the administration has ulterior motives.

Characterizing the council’s approval of the measure as “a compensation raise,” Fulop said at Monday’s caucus that the new law would “allow … the mayor full discretion” to use city cars as a “political carrot.” Fulop called the bill “shameful” and said, “this thing reeks.” Lopez joined Fulop in voting against the bill on Wednesday.

‘Anti-Fulop’ Bill or Needed Rules of Order?

A bill proposed by Brennan that Fulop has called “a direct attack” on legislation he proposed, including the JC1TV ordinance, was passed into law at Wednesday’s meeting.

After several ordinances introduced by the Downtown councilman were defeated at the Feb. 24 meeting, Fulop vowed to get them on “every council agenda for the next three years.” Brennan saw to it that wouldn’t happen by proposing an ordinance that would prohibit the council from considering any defeated first read ordinance for six months after its failure to pass. The bill passed its first reading on Mar. 10 with a vote of 7-1-1, with Fulop voting against it and Ward F councilwoman Viola Richardson abstaining.

“I do think we need to have some time limit,” Richardson said at that meeting, “[but] six months is too long.”

During the public hearing on the ordinance, a handful of the community members on hand approached the council to advise them to vote against the bill. Among them was Yvonne Balcer, a Ward E resident, who said that by voting for the bill, the council was “cutting off [her] rights to be represented by [her] council person.” She concluded her remarks saying, “it is an anti-Fulop ordinance, that’s what it comes down to.”

As they cast votes in favor of final adoption, other council members argued that the new rule was necessary, even if its origins were rooted in a political struggle.

“I’m not naive, I have an idea of why this was introduced,” said Donnelly. “But in the end it’s a good thing for this council to have.” Continuing to build his identity as the council’s resident scholar of government practice, Donnelly also remarked that “all legislative bodies have [rules like] this.”

Ward D councilman Bill Gaughan echoed Donnelly in explaining his vote.

“Every governing body, every organization and business needs rules,” he said. “We’ve lost control of how this body operates.”

Brennan, while denying that the bill was aimed specifically at Fulop, also made the underlying political rebuke in the legislation explicit.

“If anybody thinks that this is aimed at Steve Fulop 2013, it’s not,” he said, referring to Fulop’s likely mayoral bid in the next municipal election. “I don’t see any councilman’s name on this [ordinance].”

The second reading of the ordinance ended with much the same result as the first, although Brennan lost support from Lopez along the way. Offering only “I can’t say aye” by way of explanation, Lopez’s nay made the final vote on the ordinance 6-2-1.

Increasing Pressure on Hudson Regional

A resolution to approve a nearly $88,000 contract to expand the services of the Hudson Regional Health Commission (HRHC) was once again withdrawn in an effort to pressure the agency to improve its response the Reliable Wood Products processing plant on Caven Point Road.

HRHC is under contract with the city to respond to certain types of health and safety complaints, but the council has withheld approval of the contract since Richardson first said in January that she had a “problem renewing this contract” in light of what some think is a poor record of responding to complaints about the foul smells and oily airborne residue coming from Reliable’s plant. Residents of the Lafayette section appeared at an October council meeting to ask for the council’s help; at the time, they reminded the council that this issue has been ongoing for more than two years.

HRHC director Bob Ferrauiolo was present at Monday’s caucus to make the agency’s case for the contract, in spite of his acknowledgment that it “[has] to do something a little more” to satisfy the demands of the area’s residents to act against Reliable. Ferrauiolo and HRHC deputy director Gary Garatano explained to the council that some of the policies that the community and council see as “not constituent-friendly,” most notably that a complainant must be at the site at the same time as the HRHC inspector in order to register a complaint, are required by statute. Garatano likened the community’s problems with Reliable to those that HRHC faced with the Van Leer Chocolate plant, which has since moved out of its old headquarters at the foot of the Palisades near the Hoboken border and is currently under development as the residential Van Leer Place condos.

“I went door to door in that neighborhood” asking the community if they had complaints about odors in the area, Garatano said. Eventually, there was a time when both complainant and inspector could verify an odor and HRHC could file a complaint.

The council was not particularly warm to Ferrauiolo and Garatano, expressing frustration that it would take so long to find an actionable complaint.

“Jeez, you get there and the place stinks,” Sottolano exclaimed to Ferrauiolo. “What the hell’s the difference if the complainant’s there or not?”

A few council members suggested that the clunky statute be changed. Vega* indicated that he would like to have a meeting with Hudson County’s legislative delegation “to consider amending [the] law.”

Ferrauiolo asked the council to put HRHC in touch with the residents who have been complaining about Reliable, which Richardson said she would do. “We resolved Van Leer along the same lines and we will persist until we have a resolution,” Ferrauiolo said.

The council was evidently not satisfied with Ferrauiolo and Garatano’s explanation, electing instead to continue withholding approval of the contract until a later date.

Budget Watch

City Clerk Robert Byrne reported at Monday’s caucus that a public hearing on the revised budget is scheduled for April 21. After weeks of meetings with department heads, going over every line item of the ponderous document, the Business Administrator is near the point of presenting a finalized draft of the budget for council approval. However, we’re not there yet, and Wednesday the council once again passed a resolution approving emergency temporary appropriations to keep the city running; this resolution brings the total of the current fiscal year’s spending to $451 million, or nearly 89 percent of the total proposed budget. The 2010 fiscal year ends June 30. Per his usual practice, Fulop lodged the lone nay vote against the resolution.

Other First Reads

In addition to the contentious first reading ordinances discussed, the council approved two other items unanimously without comment. (For all the first-reads in their full-text glory, click here.)

• Ord. 10-049 would change the existing regulation of toy guns, making it unlawful to sell or possess any toy that “can reasonably be perceived to be an actual firearm.” Richardson brought this legislation forward after hearing stories about people removing the bright red plastic caps from the barrels of toy guns, putting themselves and others in danger by creating the appearance of brandishing a real weapon.
• Ord. 10-050 would permit the city to enter into a one-year lease agreement with Saint John’s Baptist Church that would allow the church to use a city-owned vacant lot at 826 Ocean Ave. for recreational after-school program.
• An ordinance placed on the agenda by Donnelly that would require all newly employed department directors to reside in Jersey City was withdrawn at Monday’s caucus. Donnelly told the council he intends to bring it back, but first he “need[s] to do more research.”

Odds & Ends

• Although the ordinance governing time limits on reintroducing failed bills was contentious, the other two second reading ordinances were not; both passed unanimously. You can read more about these ordinances here.
• A resolution approving a contract worth up to $20,000 with American Poly Corporation for the provision of plastic garbage bags to the Department of Public Works passed only barely. After Lopez questioned at Monday’s caucus whether the bags were eco-friendly, assistant business administrator Greg Corrado reported to the council on Wednesday that they would not be. The council voted in January of last year to mandate that city departments purchase “green” goods and services whenever feasible. However, Corrado suggested to the council “that we pass this resolution” and immediately go out to bid for eco-friendly bags. “We don’t know how many bags the Department of Public Works has on hand; it’s just a practical matter,” he said. While the majority of the council assented, approving the contract 5-4, Lopez was joined in voting no by Fulop, Richardson and Vega*.
• Another contentious resolution drew Lopez’s questioning gaze at the caucus, and this one ended in a 4-5 defeat for the contract at hand. The city is mandated to abide by certain state regulations regarding the management of refuse and debris from construction and demolition sites, and a contract worth up to $25,000 with NMG Associates to monitor the city’s compliance was submitted for council approval. Lopez asked why the Jersey City Incinerator Authority (JCIA), which is responsible for much of the city’s large-scale waste, could not handle the city’s compliance, thereby eliminating the need to hire an outside consultant. According to Corrado, “since [the JCIA] does demolitions on its own,” it cannot be responsible for monitoring its own work. No one present at the council meeting noted that the sole owner of NMG, Norman Guerra, is the executive director of the Hudson County Incinerator Authority and a former JCIA executive director. However, enough council members voted against the contract to block its passage: in addition to Lopez, Fulop, Richardson, Vega* and Donnelly cast nays.
• The council also considered 40 other resolutions, all of which passed unanimously without comment.
• Despite the objections of an attorney for a competing firm, the city’s contract with Jeral Construction for their proposed work on the new West District Police Precinct building was rescinded. Jeral was permitted to back out of the contract after the cancellation of a city council meeting due to inclement weather put the award of the contract two days past the 60-day deadline from the bid reception date. Craig Johnson, an attorney for contracting firm One Key — who made the second-lowest bid on the project — asked the council not to approve the resolution rescinding the contract because of a concern that it might force the city to put the contract back out to bid. City attorney Bill Matsikoudis recommended that the council pass the resolution despite Johnson’s objections, and they did so.
• At the request of city planning director Bob Cotter, the council approved a resolution opposing state legislation that would modify what is known as the “time of decision rule.” The current law permits municipalities to change zoning regulations that apply to a given development application while the application is pending; the new law would lock in the zoning laws that were in effect at the time of the application’s filing. Cotter, speaking to the council at Monday’s caucus at the behest of the state League of Municipalities, said that he considers the proposed legislation “dangerous” because it is not specific enough about what constitutes an application and could lead to “mischief.”
• A resolution was approved urging the state legislature to take action against the governor’s decision to freeze Urban Enterprise Zone funds; the city relies on these moneys to fund several business improvement projects and municipal services.
• The council urged the Jersey City Board of Education (BOE) to “safeguard” the statue of Peter Stuyvesant that sat for nearly a century on the grounds of P.S. #11 in Bergen Square. Stuyvesant was the first Governor of the settlement of Bergen, which is recognized as the first permanent European settlement within the present-day state of New Jersey. The BOE removed the statue from the school grounds last month, and the city is engaged in a minor battle with the BOE as to where it will be placed.
• The council approved 11 applications by various organizations for grants from the county Open Space Trust Fund: a total of almost $2.8 million for the city to acquire the PJP Siegel Property, the 6th Street Embankment, the Berry Lane Property and the Hilltop Park Property; up to $500,000 for the Jersey City Reservoir Preservation Alliance to stabilize historic structures in the Reservoir; $960,000 for the city to rehabilitate several playgrounds throughout the city; $350,000 for Save Ellis Island to partially fund the restoration of one of 30 vacant historic buildings on Ellis Island; a total of $134,000 for the Historic Jersey City and Harsimus Cemetery Alliance to perform emergency improvements to the caretaker gatehouse and perform a historic study on the cemetery; $100,000 for the Village Neighborhood Association to rehabilitate the abandoned Village Park along with Gotham West Development; and an unspecified sum of money for the Liberty Science Center to fund an engineering study for a proposed pedestrian bridge across Phillip Street.
• The city’s three applications for a total of over $1.2 million in Urban Enterprise Zone funding for traffic signal maintenance and repairs, street rehabilitation and sprinklers for the historic Loew’s Jersey Theatre were approved.
• The city accepted $200,000 from PPG Industries to put towards environmental remediation at 13-15 Linden Avenue; in exchange, the city has agreed to release PPG from liability claims.
• The city will enter into a license agreement with the county Board of Elections to institute a polling place at 28 Paterson St. in Ward D. The county board will pay the city a total of $450 for the use of the site.
• The council approved the reallocation of $700,000 in federal HOME funds from the Bay Bay Senior Housing Development project to the Parkview Manor mixed-income housing project; funds in the same amount will be allocated back to Bay Bay from an upcoming HOME grant.
• The city was authorized to pay almost $680,000 in settlements for tax appeal judgments made by the state Tax Court.
• The council passed a resolution supporting the city’s application to Google for the internet giant’s Google Fiber for Communities Program.
• Two bus stops were removed, at 8th Street and McWilliams Place and 8th Street and Jersey Avenue, and replaced with one new stop at 8th and Jersey.
• A license agreement with the JCIA was authorized that allows that agency access to city-owned property at 824 Garfield Ave. for the purposes of storing rock salt during the winter months.
• A street closing at Exchange Place was authorized; the Polish American Congress/Katyn Forest Massacre Memorial Committee and Polish Army Veterans Association will hold a memorial service and wreath laying at the Katyn Memorial on May 15.
• The council honored renowned performer Rita Moreno on the occasion of her March 17 lecture at Hudson County Community College. Also honored by the council on Wednesday was Jersey City tenth-grader Carlos Torres, whose band The Reminiscent has traveled the world and who played the trumpet at the recent World Black Belt Hall of Fame event. In addition, the 27 residents named as “Women of Action” by each council member were honored on the occasion of their award from the Council.
• The city canceled outstanding real estate taxes totaling a bit more than $6,300 on condemned properties the city recently acquired at 10 and 21 East Linden Avenue.
• The city was authorized to discharge a mortgage agreement worth a bit less than $5,500 between the city and Joseph B. Wescott, owner of property at 271 Hutton St. The loan was made under a program that allows home loans to be forgiven after five years if the borrower resides at the property for five years and does not sell it.
• The city Tax Collector’s office was authorized to issue a duplicate tax sale certificate to replace one lost by Rosemary Judge, the owner of 66½ Oak St.
• The council authorized an amendment to program contracts awarded under the Community Services Block Grant (CSBG) program; the entity previously known in the contracts as the Urban League of Hudson County is now referred to as the Urban League of Hudson County Affordable Housing and Community Development Corporation. Doesn’t get more exciting than this, folks!

What Are We Buying?

The council approved the following purchases on Wednesday:

• About $486,000 to Diamond Construction of Brick for curb and sidewalk improvements throughout the city.
• $312,000 to renew a contract with Fort Dearborn Life Insurance Company of Chicago for life insurance policies for non-management city employees. $78,000 of this sum will come from the 2010 temporary budget, with the remainder to be paid when the budget is finally approved.
• $180,000 to English Paving of Clifton to amend an existing contract for street resurfacing.
• Almost $80,000 to New Jersey Business Systems of Robbinsville for police closed-circuit television encoding system expansion.
• More than $22,000 to Novacoast of Santa Barbara, Calif. for a one-year contract to support and upgrade proprietary hardware and software systems.
• Just over $16,000 to renew a contract with Allied Car Care of Danforth Avenue for car wash services. $5,000 of this sum will come from the 2010 temporary budget.
• A bit under $8,000 to amend a contract with Value Research Group to provide appraisal services for the Law Department in connection with tax appeal cases.

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