The Jersey City Independent "

Photos: Steve Gold

Editor’s note: A document initially included in this report was removed for several days under the threat of legal action. It was put back in the story on April 21. What’s up with that, you ask? Read our explanation here.

After a temporary break from the recent months’ drama at the March 24 meeting, council chambers were once again full for an emotionally charged three-hour meeting on Wednesday. Although the municipal budget has been at the center of much council brouhaha lately, the hottest issue at this week’s meeting was the council’s consideration of the labor contracts with the city’s police and fire unions. A brief flareup between former mayor Gerry McCann and Ward E councilman Steven Fulop, perennial rivals, added to the atmosphere of tension in the room. About 200 people attended the meeting, a large portion of them union members and their supporters. All nine council members were present to consider nine first reading ordinances, four second reads and 36 resolutions.

Police and Fire Contracts Rejected

After more than a year of negotiations between the city and the police and firefighters’ unions, respectively, the contracts presented to the City Council for approval at Wednesday’s meeting were roundly rejected. Despite the urging of union members to pass the contract — most memorably by Local 1066 Firefighters Union president Joseph Krajnik — the council was not moved. Krajnik’s face grew red and his words were passionate as he admonished the council in advance for their 1-8 vote against the resolution to ratify the contracts.

“There should be no doubt to support the men and women in blue,” Krajnik shouted. His tirade at the podium also took Gov. Christie to task for what he called a “lack of intestinal fortitude to help municipalities in their time of need.” Krajnik was perhaps referring generally to Christie’s evisceration of state aid to municipalities as part of his unsparing budget, but Krajnik’s ire was also visibly raised by a new law that requires all government employees in the state to contribute 1.5 percent of their salaries to the cost of their health benefits. This law will take effect on May 22, and the unions were hoping to have a negotiated contract in place before that date in order to delay taking on those costs.

Council members cited a lack of city funds to pay for raises that were promised in the contracts as the reason for their nays. Although the unions had conceded a change to their health care plan that according to business administrator Brian O’Reilly would save the city about $1 million annually, the raises called for in the contract are estimated to cost about $8 million over the four-year contract period. The contracts provide for a retroactive 3 percent pay raise for 2009, 3.3 percent in 2010, 3.4 percent in 2011 and 3.5 percent in 2012.

“I can’t in good conscience vote for a contract that gives these raises out when other employees are being furloughed,” said Ward B councilman David Donnelly as he voted no.

Council President Peter Brennan made his case for a no vote in similar fashion. “We had to pass two tax increases to meet our budget,” he said. “This city cannot afford another $8 million increase.”

The council members were backed up by a March 31 letter from Marc Pfeiffer, acting director of the state Division of Local Government Services (LGS). LGS did not approve of the agreement because it “disregards the ability of the employer and, by extension, the taxpayer to pay for it. … [It] is simply too expensive.”

In a letter of response, Mayor Healy informed Pfeiffer that the unions were unwilling to renegotiate the terms of the contracts and he was forced to submit them to the council as they were voted on Wednesday.

Although voices were raised during the public comment portion of the meeting, emotions really bubbled over the surface as the council voted the contracts down, and several angry supporters of the contract were removed from chambers. As Donnelly cast his nay, one man in the front row stood up and began to shout at him, but he was quickly shushed by police union head Jerry DeCicco. However, the man had more to say when Ward F councilwoman Viola Richardson added her no to the list.

“How many jobs are you working on disability,” he cried out, interrupting Richardson’s vote. Richardson is a former Jersey City police officer who retired from the force in 2001. She currently works for the Hudson County Department of Corrections. The councilwoman responded to the heckler only by shouting “Whatever” repeatedly.

The man continued shouting at the council while he was escorted from chambers by police officers, and several angry union supporters followed him out. Raised voices could be heard coming from the hallway for several minutes afterward.

Only At-Large councilman Mariano Vega* voted in favor of the contracts, saying that “the contract was fairly negotiated. … The question of whether we can afford this or not was part of that negotiating process.”

JC1TV Do-Over … Again

Beginning as a first reading ordinance proposed by Fulop, a change in policy for the city-owned cable station JC1TV has gone through several revisions and appeared on the council agenda Wednesday in its third iteration as a first read. The law would require JC1TV to televise city council meetings.

At the urging of the administration, certain controversial provisions were removed from the initial 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 and the bill was voted down on another occasion after Fulop reintroduced it.

After gaining an unlikely ally in Ward B councilman David Donnelly, a new version of the bill was introduced at the March 24 meeting, but it did not pass its second read on Wednesday. The new bill eliminated 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. The majority of the council was supportive of the new cost-saving ordinance, but Ward D councilman Bill Gaughan, At-Large council members Willie Flood and Mariano Vega* and Council President Peter Brennan dug in their heels and lodged nays.

When those who voted no were asked by resident John Seborowski to explain their opposition, Brennan responded that “we have two weeks … to change our minds.” Those two weeks indeed proved critical.

At Monday’s caucus, city press secretary Jennifer Morrill and communications director Stan Eason asked the council to support a new first reading ordinance and defeat the second read that would appear on the agenda this week. The new ordinance removes a small number of sections, including provisions that set guidelines for programming priorities and formats, replacing them with a section specifically dedicated to the requirement to broadcast city council meetings. A provision setting a moratorium of 130 days before an election on a candidate for office appearing on the station “advocating any cause, viewpoint or proposed policy of a partisan nature” was reduced to 90 days; Morrill explained that 90 days was “more applicable” given other laws in New Jersey that govern this type of activity.

Morrill told the council that the new legislation “keeps intact the same sentiment that was present in the [original] ordinance,” and Fulop agreed.

“This captures everything in the first ordinance and achieves the goals,” Fulop said as he asked the council to support the new bill.

In order to convert the video capture made by the system installed in council chambers to a format usable by JC1TV, city clerk Robert Byrne explained that his office will need to purchase a $4,000 DVD recorder. Morrill told JCI that this one-time outlay is “a better cost savings” than staffing a two-camera operation at all meetings, which could create a situation where the Division of Communications would be required to pay overtime. “If we can do it without a body there it just seems more feasible,” she added.

With the administration’s stamp of approval, the full council voted to introduce the new ordinance on Wednesday, and the second read bill was unanimously defeated.

City Won’t Ask for Tax on College Students

A resolution proposed by Ward A councilman Michael Sottolano to request that the state legislature establish municipal service fees to be paid by college students was narrowly rejected by the council. Several representatives from New Jersey City University (NJCU), as well as a student and a community activist, addressed the council during the public hearing to urge the council to vote against the resolution.

As municipalities across the state search for ways to make up dramatic budget shortfalls in the face of dwindling state aid and plummeting property values, assessing fees to college students has emerged as one option to account for millions of dollars in revenue that cannot be collected from tax-exempt institutions such as universities. Wayne, Teaneck and Montclair are a few of the many North Jersey college towns that have passed similar resolutions.

Speaking at the caucus, Sottolano justified the need for the fees, which would be $100 per year per full-time student and $50 per year per part-time student.

Students “certainly do use an extraordinary amount of city services,” he said. “It’s about time that a lot of the tax-exempt [institutions] start to pay their fair share.”

Opposition to the bill was organized primarily by administrators at NJCU, including university president Carlos Hernandez, who spoke at Wednesday’s meeting. Hernandez stated that the model of taxing students originated in Midwestern towns “with residential colleges.” Jersey City’s colleges “are urban institutions; we’re largely commuter institutions,” he said. “I think the model is inappropriate.”

Hernandez also pointed out that 30 percent of NJCU’s students reside in Jersey City, meaning they would bear the burden of any municipal fee assessment in addition to local property taxes.

John Melendez, NJCU’s vice president for student affairs, brought the question of class into the conversation when he pointed out that “only 18 percent of our students come from families with incomes over $60,000.” Calling students at urban universities “the most vulnerable,” he said that municipal fees would represent an “onerous attack.” Similar points were made by NJCU librarian Sheila Kirven and student Veronica Garcia.

Local community activist and 2009 challenger to Sottolano’s council seat Rolando Lavarro joined the chorus of opposition. Saying that “these municipal service fees will bleed our students dry,” Lavarro centered his remarks around the rising cost of living, tuition and supplies that students are “already getting hammered by.”

In a statement released before the council meeting, Mayor Healy took a characteristically moderate position on the issue but expressed reservations.

“We are examining proposals such as this one and are reviewing the pros and cons they would have for Jersey City,” Healy said. “However, I am not sure the current resolution before the City Council is the best way to go about it. … [We] want to make sure we do not create a disincentive for students continuing to matriculate” at Jersey City’s colleges.

At-Large councilman Mariano Vega* was the resolution’s most outspoken critic on the council. Characterizing the bill as “ill-advised,” he said at Monday’s caucus that he was “opposed to singling out the colleges,” which he claims are responsible for bringing significant revenue into Jersey City “on open house day alone.”

Vega*’s son attends St. Peter’s College. When asked by JCI whether he felt he should have abstained from the vote, he said no.

“I don’t think it would have enriched or impacted my family, a hundred bucks,” he said.

Vega* was joined in voting against the resolution by Fulop, Ward B councilman David Donnelly, Ward C councilwoman Nidia Rivera Lopez, and Ward F councilwoman Viola Richardson. Despite the failure of this bill, the state legislature may yet elect to enact legislation instituting the municipal service fees.

Fulop Ruffled by Rival’s McCanntics

Providing an undercard to the main event of the police and fire contracts dustup, former mayor McCann and councilman Fulop locked horns during the public hearing portion of the meeting when McCann resuscitated an accusation of voter fraud he has previously made against Fulop.

McCann distributed to the council copies of a police report dated April 2008, in which city resident William Cortez stated that he and others were paid a total of $1,000 by someone from Fulop’s campaign to vote in several locations under several names in the 2005 election. Charges relating to the alleged fraud were never brought against Fulop or any other individual.

“I’m hoping that this type of activity doesn’t happen again,” McCann said. “This is something that I think we need to root out of Jersey City.”

After McCann concluded his remarks, a brief battle of wills ensued during which Fulop repeatedly demanded that McCann step away from the podium and return to his seat while Fulop responded. This mini-squabble ended with McCann standing just before the railing that separates the audience area from the dais and front tables.

Fulop did not mince words as he responded to McCann’s accusation, and his indignation was apparent.

“For two years you’ve been walking around with a fraudulent police report that one of your friends submitted,” he said. “There is not a shred of truth to this.” Fulop also took the opportunity to bring up McCann’s criminal record. “You didn’t lose an election, buddy; you went down in handcuffs!” Near the end of McCann’s second term as mayor, he was convicted on federal bank fraud charges and resigned his post.

The fiery exchange continued for only another moment or two, with calls for order erupting from the audience, before city clerk Robert Byrne put a stop to it.

“It’s over,” Byrne shouted. “I’m bigger than both of you. … That’s it!”

McCann returned to his seat, the next speaker was called, and that was indeed it.

Reliable’s Permit in Danger?

Community activist Felicia Collis returned to the podium this week to address the council on the issue of Reliable Wood Products‘ processing plant on Caven Point Road.

She reported that after a meeting between community members, who have been complaining for years about foul odors and fumes coming from the plant, and representatives from the Hudson Regional Health Commission (HRHC), which is contracted by the city to handle complaints of that nature, it has become clear that HRHC is unable to act on the community’s complaints.

Ward F councilwoman Viola Richardson, who has been advocating for the shutdown of the Reliable plant, has a new idea about how to go forward against the company. She has suggested that the council ask the city not to renew Reliable’s permit to operate at 50 Caven Point Road; the permit expires on April 30. “The ball is now in our court,” Richardson said as she asked her council colleagues for their support.

By way of additional suggestions, city attorney Bill Matsikoudis also offered up “the possibility of filing a lawsuit enjoining [Reliable's] activities.”

The council assured Collis that they are committed to resolving the ongoing issue and informed her that she should expect action in the coming weeks.

Firehouse Sales Bring in $880K

The public auction of four old firehouses on March 30 brought a total of $880,000 in revenue into the city’s coffers.

GothamWest Builders snatched up the one at 120-122 Monticello Ave. for the bargain-basement price of $140,000, while Paul Schaetzle of Union Street nabbed the one at 106 Boyd Ave. for $175,000. Meanwhile, the Jersey City Firemen Federal Credit Union was able to buy the building that houses them at the ominous-sounding 666 Summit Ave. for $275,000, and Brunelleschi Construction picked up 218 Central Ave. for $290,000.

In other city-owned property news, the council voted to introduce a first-read ordinance approving the sale of nine city-owned properties that “are no longer needed for any municipal public purpose or use” to the Jersey City Redevelopment Agency for a minimum of $4.2 million. The properties first have to be appraised, so that sum could go up, but the important thing for the city is that the agreement forces the JCRA to pay up by the end of this fiscal year (June 30, 2010).

The properties included are: 451-457 Ocean Ave./79-81 Dwight St., 115-121 Martin Luther King Drive/186-188 Woodward, 421-423 Martin Luther King Drive, some unidentified lots on Chapel Avenue, 100 Hoboken Ave., 824 Garfield Ave., 642-646 Communipaw Ave., 373-377 Communipaw Ave. and 28 Bright St.

Budget Watch

Regular readers of the council report will note that, as has come to be expected, the council OK’ed the usual resolution on the agenda approving emergency temporary appropriations that the city needs to fuel operations in the absence of a budget for the current fiscal year — which ends June 30. Well over $446 million, or nearly 88 percent of the fiscal year 2010 budget, has been spent in this fashion. Also following the usual pattern, Fulop cast the only nay against the appropriation.

With the final draft of the proposed municipal budget up for a vote at a special hearing next Wednesday, the council was also asked to introduce the budget as amended. In the weeks since the initial introduction of the budget in January, the administration has unearthed an additional $2 million in revenues and decreased the amount of the budget to be raised by taxes by over $10 million. Lopez and Fulop both cast votes against the amended budget without offering explanations.

Other First Reads

In addition to the first reading ordinance on JC1TV and property sale to the JCRA, the council approved seven other items unanimously with little comment. (For all the first-reads in their full-text glory, click here.)

• Ord. 10-053 would make certain amendments to the Tidewater Basin Redevelopment Plan, an area that includes the Golden Cicada bar on the corner of Grand Street and Luis Munoz Marin Boulevard. Planning division staffer Kristin Russell explained at Monday’s caucus that certain changes in the permitted height of buildings requested by Golden Cicada owner Cheng “Terry” Tan were agreed to in part by the Planning Board. But while the Planning Board agreed to increase the permitted height to four stories plus a set-back fifth penthouse story on corner lots, Tan is seeking no less than seven stories, which he says is needed to make his proposed construction project “financially feasible.”
• Ord. 10-054 would expand the R-1A zoning district to include seven properties on Duncan and Fairmount Avenues in Ward B. Donnelly stated at the caucus that he had supported the Planning Board’s recommendation at the meeting where the decision was reached.
• Ord. 10-056 would change the stop sign at the intersection of Erie and 10th Streets to a three-way stop.
• Ord. 10-058 would establish rules for on-street reserved and metered parking on Skinner Memorial Drive near the Jersey City Medical Center. Jersey City Parking Authority CEO Mary Spinello explained at the caucus that the new parking spaces would provide additional parking for hospital workers as well as teachers at nearby P.S. #3 and bring in revenue from sales of parking permits.
• Ord. 10-059 would change the flow of traffic and establish a no-parking zone along parts of Colgate Street near the Brunswick Estates housing complex in order to accommodate emergency vehicles traveling to and from the Jersey City Medical Center’s new Emergency Services headquarters at 415 Montgomery Street.
• Ord. 10-060 would authorize a 50-year license agreement with telecom carrier Light Tower Fiber Long Island to install and maintain telecommunications facilities in certain public areas. Light Tower will reimburse the city $5,000 for its administrative costs associated with the agreement.
• Ord. 10-062 would honor longtime local hockey coach Charlie Heger by naming the ice skating rink at Pershing Field after him.
• Ords. 10-057 and 10-061 were withdrawn at the caucus due to confusion about who had proposed the ordinances and why. Council President Peter Brennan and Spinello were under the impression that the ordinances, which taken together would raise the fees for parking permits on certain Downtown streets, had originated with Fulop. When Fulop stated that he had nothing to do with the ordinances, the council withdrew them.

Odds & Ends

• Only one of the four second reading ordinances was contentious, but it passed with the same 7-2 vote by which it was introduced. Fulop and Lopez both lodged nays a second time against an administration-backed bill addressing vehicles that belong to certain high-level staff members, which was drafted in response to Fulop’s failed ordinances that attempted to rein in the personal use of city-owned cars. The ordinance 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.
• The second version of the JC1TV ordinance was euthanized 0-9 as agreed at caucus; you can read more about that and the other second reads here.
• The council approved a contract with American Traffic Solutions (ATS) to install a red-light enforcement camera system at Tonnele Circle as part of a state pilot program. The council authorized the contract in spite of the objections of a representative of Redflex Traffic Systems, which competed with ATS for the bid. Craig Primiani, a regional sales director for Redflex, brought to the attention of the council “three or four concerns” his firm had about the bid evaluation process. In particular, Primiani said he “was very shocked” to hear from the references Redflex had provided in their proposal that none of them had been contacted by members of the committee who were charged with making the decision about which vendor to use. He asked the council not to approve the contract with ATS and “go back and open the process.” After hearing from business administrator Brian O’Reilly, however, the council was evidently confident in the administration’s vetting process and voted 8-0-1 to approve the contract. Donnelly abstained, saying that he had been “somewhat involved in the [bid] process before I became a councilperson,” referring to his previous job in the Mayor’s office.
• The council voted to take the first step towards redeveloping the corner lot at Bright and Varick Streets Downtown, by authorizing the Planning Board to do a preliminary investigation into whether the lot — known officially as the “Bright and Varick Study Area” — should be declared either an “area in need of redevelopment” or an “area in need of rehabilitation.” The lot is currently occupied by trailers which are used by P.S. #3.
• Vega* cast the lone nay against a resolution to approve a license agreement with PSE&G; the agreement allows the utility provider to access property in Morris County that is owned by the city in order to perform tests related to an electrical transmission tower replacement project. Vega* voted against the bill as a protest against PSE&G’s practice of burning coal in Jersey City.
• We love it when folks turn 100. The council passed a resolution honoring retired cab driver Robert Ward, Sr., on the occasion of his 100th birthday, which was on March 25.
• All of the other resolutions were approved unanimously without comment.

What Are We Buying?
The council approved the following purchases on Wednesday:

• $360,000 for an automated system to issue citywide emergency alerts via phone, mobile and email (awarded to C3 of Nutley).
• $252,464.66 for the replacement of curbs and sidewalks around the city (awarded to Diamond Construction of Brick).
• $172,260.71 for the resurfacing of Sip Avenue between Kennedy Boulevard and Bergen Avenue (awarded to English Paving Company of Clifton).
• $92,904.40 for the installation and configuring of Info Cop software, a wireless system for law enforcement, and the provision of 20 software and toughbook bundles, (awarded to Gold Type Business Machines of East Rutherford).
• Up to $37,525.54 for additional environmental analysis and remediation at Hamilton Park (awarded to Melick-Tully and Associates of South Bound Brook).

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