6/10/15 Council Meeting

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PERTH AMBOY – The late  Dixon Rodriguez’ cousin, Sandra Tobar, came to the Council Meeting  to speak about the release of the tape that showed the shooting that occurred on December 4, 2013.  Behind her stood Dixon’s mother. Tobar stated, “Two videos were online and one was very grainy. All we are looking for is closure. It’s bittersweet. The video doesn’t show what was done after he was shot. The audio portion (the 911 call) was released very quickly.”

City Attorney Mark Blunda replied, “The video was retrieved from two businesses. I also wrote to the prosecutor that the City and family wanted to know the status of the investigations. This was done a couple of months after residents complained about the slowness of the videotape taking so long to be released.”

Blunda read the letter that the City received from the Prosecutor’s Office regarding the recent release of the video.

Blunda continued, “After we finally got release of the tape in early June 2015 we contacted the family’s lawyer. We asked him if he wanted the video sent to the family, but he preferred that it be sent to him instead. The City was powerless.”

The Rodriguez family has filed a lawsuit against the City of Perth Amboy in reference to the shooting contending that a knife was placed in Rodriguez’ hand.

Resident David Caba has spoken about Dixon Rodriguez’ shooting from day one. He told the Council, “People understand that we (residents) fight for a cause when we come up and speak. An outsider who’s not even from Perth Amboy filed a lawsuit to get a copy of the Dixon Rodriguez shooting tape. I saw the video, but it wasn’t clear. After 18 months this outsider had more interest in what was going on than you (the Council). Stop saying you are leaders when you are fake leaders. But I have to respect you as elected officials.”

Resident Alan Silber said, “Within a few weeks of the shooting, one of the officers who fired their gun was back on duty while the investigation was going on. In 2008 it was promised that the administration would be transparent. That disappeared quickly. You seem to be hiding some things and someone in Woodbridge is pulling the strings. You’re embarrassing the City.”

Attorney Mark Blunda responded to some of Silber’s statements, “Are you saying that someone delayed this video?”

Silber responded back to Blunda, “The prosecutor was saying that it was a good (justified) shooting. We see on a daily basis inappropriate behavior. I would have liked to see a press conference with Mayor Diaz and Vitale saying they are tired of waiting for answers about the shooting.”

Council President Lisa Nanton asked Silber to give a yes or no answer to Blunda’s question to whether or not Silber had any evidence that someone delayed the release of the tape.

Silber responded back, “I don’t give yes or no answers. I give explanations. The Mayor and Vitale should have demanded a press conference a few months after the shooting demanding a release of the tape now. The person from the outside who finally got a copy of the tape had no agenda and he got the results (the release of the video). There is no plausible reason for this long delay. You lose credibility.” Silber went on to give examples from other states where there were other police shooting’s against civilians and how quickly videos of those incidents were released to the public.

Blunda briefly interrupted Silber by saying, “You can’t go by what other states or municipalities practices are. You have to stick with the procedures that Perth Amboy was under instructions to do.”

Blunda continued, “At the request of the Council, because of the community demanding to have this tape released, I sent a letter to the Prosecutor and Attorney General asking for a progress report on the case. This was done at the request of the Council.”

Another topic for discussion that drew a lot of conversation was Ordinance No. 3. An ordinance to amend an ordinance entitled “Ordinance fixing and establishing a schedule of salaries and salary ranges and increments for officers and employees of the City of Perth Amboy” (Ordinance No. 218-79 as amended adopted July 3, 1979) Re: Non Union – 2008-2014.

Former Councilman Ken Balut came up to speak about this. “Are you using a civil service title? Union workers should have a right to bid on these nonunion jobs. There should be a test administered to all applicants.

The title that Balut was referring to was Business Manager. B.A. Jillian Barrick said, “This for an existing employee who has a different title in the Parking Authority. This position was posted.”

Resident David Caba questioned the title of Senior Housing Inspector and whether or not it will be given to an in-house person or a resident. “Will all of these positions mentioned in this ordinance be open to anyone who may qualify?”

Barrick stated that the Senior Housing Inspector’s primary duty will be to enforce the codes already on the books. An example would be to make sure household garbage is disposed of properly or to make sure it is put out after 5 p.m. (not too early).

Alan Silber questioned whether or not we are adding on additional people.

Barrick responded, “Some department will remain the same, while other will increase. The ordinance has a salary range for each position listed.

City Attorney Mark Blunda gave a more detailed explanation about the positions stated in the ordinance. “Towards the end of last summer, there were problems existing with the enforcement of codes. After having meetings with the Mayor  and the Department Heads, we found a lot of obsolete practices that couldn’t be handled with the existing system. Code Enforcement was severely understaffed and new equipment was needed. Titles were recommended by me to take care of a lot of these problems.”

B.A. Barrick also stated, “Two existing employees are getting new titles.”
Councilman Fernando Gonzalez noted that one title had a date of 1/1/15 on it.

Barrick responded, “That one person would be paid retroactively.”

When Fernando Gonzalez asked, “Are most of these positions were for people presently on our staff?”

Barrick answered, “Yes.”

Resident Stanley Sierakowski had a question for Councilman Bill Petrick, “Can you respond to the rumor that you might be given the Senior Housing Inspector position of  $80,000 with health benefits?”

Petrick responded, “This is the first I’ve heard of it.”

Former Councilman Ken Balut had a question about Communication No. 5. Ransom Environmental submitted an amendment  to the original Response Action Outcome designation for AOC R-3 for the Rosengarten Property, 40 and 50 Washington St.,Perth Amboy. (6/1/15)

“This property has not been fenced in for over a year. People are using it to get to a fishing area. At one time homeless people were living there until there was fire. People are walking around freely and there’s a school across the street.”

B.A. Jillian Barrick said, “Contaminants are coming into that vacant property from properties across the street.”

Councilman Bill Petrick said, “There was a letter stating that the property mentioned in Communication No. 5 was cleared according to specifications, but there are contaminants coming in from off-site locations.”

Councilman Fernando Irizarry, “If people are homeless, they are not tracking contaminants home when they walk on this property.”

Former Councilman Ken Balut was incredulous and couldn’t believe Irizarry’s statement. Balut responded by saying, “Are you kidding me? What about the Police and EMT Workers that may have to pick up the homeless that were exposed to these contaminants?”

Other speakers were concerned about parking in the City. One resident from Fayette Street, Iris Rodriguez came up again to complain about the parking situation on Fayette and Watson Avenue. Rodriguez told the Council, “You move quickly when it comes to solving parking problems in the nicer areas of town. We need residential parking permits from at least 7 a.m. to 7 p.m. We don’t have driveways. We have a lot of out of State plates on High Street. If Mary Street Residents can get residential parking spots, then why can’t we? Some bar owners have given political contributions to candidates. Come to my street.”

William Street Resident Maria Arcelay told the council, “My neighbors and I are very upset because when there was road repair work done on our street, there was a sewage backup in their basements. I personally called Mayor Diaz’ office, left my name, phone number and address for the Mayor to personally come to my house to see what I’m going through. She never came, but when someone did show up, they wanted to know who was the lady who complained. I didn’t appreciate being addressed that way, since I left my full name. All this person did was bring me detergent and left me to clean up my own basement. I will come here over and over again. If I find no satisfaction with the City, I will go further to the Governor. If I get no satisfaction there, I will go to President Obama. I’ve been in Perth Amboy for over 30 years. I don’t want to mention what I had in my basement because this problem. This town is overpopulated. I invited the Mayor to my house and nobody called me. I’m not blaming you (the Council).”

Council President Lisa Nanton and B.A. Jillian Barrick responded to Ms. Arcelay. Nanton said, “Let’s see if we can find out what’s causing the problem.”

Barrick wanted to apologize to Ms. Arcelay on how she was addressed by the City Employee who came to her house.

There was an amendment for allowing handicap parking permits in the mixed business/residential areas. Councilman Fernando Irizarry had misgivings about this amendment because he thought that the amendment for hardship cases would be given more privileges that apply for a regular handicapped spot. Attorney Mark Blunda made it clear that a hardship case would have the same criteria as a person who is given a handicap spot. “Every two years an applicant would be reviewed to see if they still meet the criteria for their handicap spot.”

Alpine Street Resident Anthony Bermudez also joined in about the lack of parking on his street. He emphasized one particular one family house on the street, “Which I suspect is illegal housing. It’s located between Francis and Spring Streets. I’ve been here all my life and pay taxes. You see a bunch of  cars and people coming in and out of houses. Tell me what I can do to help alleviate the problem. 10 rooms are being rented out in a one family house which is a fire hazard.

Former Council President Kenny Balut still had concerns about the property on Washington and High Street where homeless people had been living until there was a fire and they were displaced. “People are walking on that property to get to the fishing area. When they go home, they are probably tracking the contaminants to their homes.”

At the end of the meeting, B.A. Jillian Barrick again asked for the addresses of Ms. Arcelay and Mr. Bermudez so she could get the additional information from them.