By: Katherine Massopust 

& Carolyn Maxwell

PERTH AMBOY – The Council Meeting began with public comments on agenda items only.

Resident Vince Mackiel came up and spoke about his appointment to the Rent Leveling Board. He asked why he was appointed to December 31, 2020. 

Law Director Peter King explained, “The two-year term is for an unexpired term. You will be reappointed by the Mayor with the Council’s consent for two more years in January.” King informed Mackiel that the terms should be staggered so everyone won’t expire at once. “We are putting a packet together with Robert’s Rules and regulations and will go through requirements. I volunteered to be this board’s lawyer as well. The person calling you will be Ken Ortiz.”

The next person to speak was resident Jeremy Baratta who spoke on R-411 (NPP Covid-19 Grant). “I talked to you on Monday. Today the BID put out a notice about the application for the grant at 11 a.m. The BID is giving less than 48 hours to businessowners of this grant deadline. There is a constant lack of planning and ultimately oversight. You guys should not give the administration a blank check. You give control of this money to this administration and that money will be gone. You will have no say with money being handled. Any contracts or grants the council has the final say. You ask questions. You vote on it. There is no way this should be any different. All grants need to be voted on by the council and discussed openly.”

Petrick asked, “How can we control the finances?”

Law Director Peter King said, “You approved the grant. This is to accept the money. This would be an administrative function. All of these items on the agenda – how it’s approved – one is for renter’s assistance for business owners. The administration can give you a list of who gets the grant. The council is busy enough. I think it is unfair to you. I think it is enough for you to look at them. Those documents will be public.”

The Hearing of the Citizens was next. Jeremy Baratta, Managing Member of J. Baratta Industries gave a presentation on his views of the BID Operations and Budget.

“Yesterday there was a grand opening of a business. There was a certificate of code compliance on the wall from Code Enforcement. This is the quality of businessowners of what we spent. Nobody is checking anything. They (the new business) don’t even have a license to operate. The city is sitting on $400,000 cash. I don’t understand how a person can work in a civil service position classified in the city, works for and is paid by the city. She is employed as Executive Assistant but is the Executive Director. I am not an expert on civil service rules. The Executive Director cost the city $105,000. As a person who goes through the city – it’s what the BID costs and what the city gets. It’s insane – the mismanagement. It’s in the budget $30,000 for an assistant. That’s more than half the BID’s budget for an assistant. It’s $95,000 for administrative costs; $10,000 additional for fringe benefits and $30,000 for part-time clerical support. The city pays $135,000 for the Director. I see the same businesses that get paid year after year. I checked some businesses and they do not exist. Now – two OPRA requests and two lawsuits from me. I did not get one piece of paper until the lawsuit was served. This board does nothing but tax businessowners You have no businessowners say something good about the BID. Vote to end the BID. Use the money for anything other than the BID. Code Compliance was issued to a business without a business license. It’s not about the business – it’s about how the BID Director operates. They (the new business) have a C/O (Certificate of Occupancy) while not being properly licensed. I’ve been in business for 20 years. She (the BID Director) knows nothing about this stuff, but we pay her $135,000 plus $30,000 yearly.”

Councilman Joel Pabon could not understand why Baratta would fault the BID if Code Enforcement issued a license for the business to open up.

After Baratta concluded his presentation, Police Chief Roman McKeon came up to give a crime report. “Crime stats don’t always tell the whole story. I’ve been hearing how we are riddled with crime and it’s an unsafe city. This is not true. With Covid, we were down. Our crime rate as opposed to last year is down by 30%. I broke it down for the last 4 months. Covid restrictions were lessoned and people went back to work. There were 18,000 calls where officers went to assist citizens for different things. The surge in crime is not true. During the 4-month time-frame, there was one homicide in Harbortown. The suspect was identified immediately. They (suspect and victim) knew each other. During the same time-frame, the homicide was the first one in 3 years. That’s 1 homicide in a 3-year period. There were 9 calls of shots fired; 5 calls were unfounded; 4 were pinpointed as 2 different groups of people: 1 from Perth Amboy; others were an out-of-town group from Patterson. They were from a gang. They were attacking a (specific) group of (not so reputable) people. Arrests were made and not one shot was fired. Since these people are in jail, there has been no shooting or stabbing in the month of October. There was reports of 2 stabbings in a 4-month period. 1 was unfounded; the other – they knew each other. Sexual assaults – that person was identified, and he has been arrested. There were 6 reports of sexual assaults – 3 were reported and they happened a decade ago (not current). The other 3 were by people they knew – they were not people running around killing people. In October, there were: 0 robberies; 0 incidents involving guns or knives; 2 burglaries (no force); 3 motor vehicles stolen; 18 assaults (no weapons – just punches being thrown). I don’t think the Covid had anything to do with affecting the crime stats. It’s just the police doing their job. We are blessed.”

Council President Bill Petrick asked McKeon for a police report from last year in order to compare the stats from the same time-frame in 2019 and 2020.

Petrick thenrequested that Police Chief McKeon stay at the mic to give an explanation about why the software Benchmark Analyatics, LLC is needed.

Chief McKeon explained, “We are still using Excel spreadsheets for documents (when use of force happened). We had a meeting with the prosecutor’s office. We talked about the documentation of the use ofuse of force. We actually have a (handwritten) logbook to write in a case. With the software, it’s easier. It will save the city hundreds of thousands of dollars. If we can identify an officer (who has a pattern of using force) he/she can get retrained. It will be a better police department. The program alerts you of trends. This is a system that the attorney general’s office uses. The information more than offsets the cost. I recommend we get this program.”

Council President Bill Petrick said, “We want to see the results that is money well spent.”

Chief McKeon said, “This will bring us to the 21^st Century.”

Councilman Fernando Irizarry asked, “Why don’t we share the information with the city?”

McKeon answered, “All of the information goes to the prosecutor’s office. Only they can release them.”

Irizarry asked, “The Perth Amboy Police Department makes information available – the officers’ explicit policy. Say a police officer goes to make an arrest, will it be used against him (use of force) – then he lets him go.”

McKeon answered, “Then they will be held accountable for not doing a good job.”

Irizarry then added, “The proposal to the Perth Amboy Police Department – the Benchmark Analyatics, LLC was proposed by dedicated professionals. Because we held a badge – we know. The people who held this certification – did not know what they were doing.”

McKeon answered, “The Benchmark Analytics – the officer in charge – Lt. McKeon (no relation) knows what she is doing.”

Councilman Joel Pabon said, “The use of force – when that goes to records – it can be so many things. The first thing that comes to people’s minds is the officer is at fault.”

McKeon agreed, “The use of force – we check bodycams. If the use of force is necessary – we document that.”

Councilman Pabon then said, “At least people know the truth. We used to go to the blog. There has to be a way for the people know what the truth is.”

McKeon said, “You can’t make it public information. We have a right to protect the victims.”

Pabon suggested a compromise between informing the public and police confidentiality, “Something to let residents know when incidents happen and the results – it doesn’t have to be detailed.”

McKeon explained that the prosecutor’s office puts out a report when the case is closed.

Pabon said, “Just a blog so people know this incident occurred, and people were apprehended.”

McKeon said, “Maybe we can compromise. People are quick to believe the non-truth.”

Councilman Helmin Caba said, “I get your answer. There’s no transparency with this administration. It’s embarrassing when a resident tells me information I never knew about.”

Council President Petrick asked McKeon if the PAPD has a gang unit. McKeon stated that the entire department is trained in it and there are 3 officers who specialize in handling gangs.

BID Coordinator Noelia Colon and BID Chair Barry Rosengarten came up to present the BID budget. Colon spoke first, “The BID does not do enforcement. Code Enforcement does that. The NPP (Neighborhood Preservation Program) grant – yes, the announcement was made today. That was the earliest we could have that announcement made. We try to make sure the businesses can get out funding. If they are eligible, they can apply. The BID has nothing to do with these funds other than advertise. The BID is not administering these funds.” Noelia turned to answer to some of Baratta’s previous remarks. “Just because I am not a businessowner does not make me unqualified. The actual ordinance is “BID Coordinator”, but the board is, “Executive Director”. That is up to the board.”

Council President Petrick interjected, “That is a civil service title to protect your civil service rights.”

Colon continued, “The BID Coordinator is also supposed to have a field representative, but the city of Perth Amboy always is covered by the BID budget line. The prior administration stated we no longer need that representative. I had an intern. Those OPRA’d items that (Baratta) requested preceded my time. The others were able to be as requested. Over the course of years, the BID has developed a surplus. I looked into spending those funds on various projects.”

BID Chair Barry Rosengarten spoke next. “Thank you for listening to a phenomenal executive and the phenomenal job she has done for the BID. I’m proud of Noelia. She works hard for the Board and the BID. We have fulfilled our promise to you – the budget is on time. The excess we have – we don’t have the luxury of it use it or lose it. We have used some of our funds on litigation. We have expended a heinous amount of time, energy, and effort to provide all the information for no reason asked for.”

Noelia Colon added, “The draft of the annual report – $247,650 tax levy – the BID unexpended funds that are already approved. The use of these funds are discussed openly. On Tuesday, November 17, 2020 there will be an open meeting.” 

Colon then addressed the $105,000 salary quoted her has having, “Benefits are included in that amount.”

Colon explained that the funds were used for downtown beautification, street sweepers, and maintaining planters. There is $5,000 of monies for the façade program. The applicants have to meet certain criteria. The BIDalso has a clean team and theygive the city $5,000 to offset the cost of their salaries. $12,000 is allocated for marketing and promotions. Eight businesses received relief grants from the CDBG and the BID combined.” 

Colon continued, “The litigation costs $30,000 and the funding is not intended to be used like that. The 2020 funding is $150,000 for small business relief grant.”

Councilman Pabon asked, “Is there a vision for our town somewhere? When is the last time you walked downtown? The sidewalks are bumpy. The lighting is an issue.”

Colon answered, “There is an economic development plan including a transit village.”

Pabon said, “Those are unrealistic. Something that could be done now.”

Colon stated the NPP grant is an annual amount of $100,000 and meant for the downtown district. “We talked about small things as our first priority. This is for Year One referring to the sidewalk program. The gumbuster program is to clean up unsightly streets. We are looking to have the benches replaced (with a divider so people can’t sleep on them). We also sat down and talked with the DPW about tree wells which are easier to collect water and clean. We talked about replacing the fountain on the 5 Corners.”

BID Chair Barry Rosengarten then added, “We had several different ideas and have implemented none of them. The Covid has a lot to do with it. It’s not the BID’s responsibility to clean up in front of businesses – it’s the businessowner. We did this 3 times in the past.”

Pabon said, “It comes back to us. At the end of the day, it’s us.”

Councilman Helmin Caba added, “The BID has $400,000 in the bank, yet our downtown still has graffiti. Graffiti has been there for so many years.”

Rosengarten said, “The day graffiti was announced on a building, it was removed. If we know an area that has graffiti, we will address it.”

Council President Petrick said, “We would like to see the park benches come back with dividers. We can change the lights. Good lighting is something attractive. It can be done now.”

Colon stated that to replace the present lights with LED’s would cost over $30,000 a month to maintain.

Law Director Peter King reminded everyone that the poles are owned by PSEG.

For the consent agenda, R-408 thru R-423 & R-425 thru R-435 was moved by Irizarry and seconded by Pabon. All voted yes.

R-424-10/20 – Consenting to the extension of the appointment of Patricia Perkins as Interim Business Administrator for the City of Perth Amboy for a period no longer than sixty (60) days from November 2, 2020. 

By the suggestion of Irizarry, R-424 was pulled to be voted on separately. It was moved by Irizarry and seconded by Pabon. The voting went as follows. Councilman Caba had a statement to make before voting on the resolution. “Ms. Perkins is a very nice, respectable person. This appointment was clearly politically motivated. The mayor got rid of the previous business administrator without informing the council. Eleven B.A.’s over twelve years. Clearly politically motivated. I still have my old keys to city hall. She changed all the locks in city hall and decided to change the alarm code not notifying the council. I’m sure the mayor is going to make this into a political spin. I vote “No,””.

Fernando Irizarry, Milady Tejeda, and Bill Petrick all voted, “No”.Joel Pabon voted, “Yes”. 4-1 R-424 does not pass. 

Law Director Peter King said, “The city needs a Business Administrator. Your code requires you to have an administrator.”

Council President Petrick said, “When the mayor dismissed Mr. Carr (the previous B.A.), did you know?”

King answered, “She (Mayor Diaz) told me afterwards. She (Mayor Diaz) was not breaking the law.”

Petrick said, “She did it without an explanation. She was supposed to notify the counciland the person she is dismissing 20 days ahead.”

Councilman Irizarry said, “My decision is not political.”

Council President Petrick said, “My decision is not political. It is a decision on competency and experience.”

Resolution R-436-10/20 – Authorizing an agreement with Middlesex County for funds in the amount of $13,800.00 from the PY 2020 HUD Emergency Solutions Grant COVID-19 (ESG-CV) Funding. 

R-436 was moved by Fernando Irizarry and seconded by Milady Tejeda. All voted “Yes”.

Public Portion: 

Resident and Businessowner Jeremy Baratta came up to the mic first to speak about the council’s decision to not keep the business administrator. “You voted – end of discussion. The Faulkner Act must have a provision to appoint a B.A. You guys were elected to do a job – end of discussion.” Baratta turned his attention to the BID. “The flyer (BID report) – no work provided – no quality. Revitalizing and Enhancing the (it was blank on the flyer). I am the only businessowner to come to a meeting. It’s just poor planning. She (Colon) didn’t know what was coming. You cannot be a Director in civil service employee. Why does she (Colon) need an assistant? Don’t forget she’s Wilda’s pet! Meeting minimum standards is to be rewarded (referring to handing the BID budget in on time).The BID has $400,000 in the bank.”

Attorney JB Vas came up to speak next, “I’m happy to read positive change. The Rent Leveling Board has been inactive for 12 years. The police chief was discussing crime stats today. These issues that were raised now are because of lack of transparency. There have been a number of complaints and issues with ballot tampering. I asked about it (ballot tampering regarding ballots) one on Sheridan Street and one on State Street. Is the city council being apprised of this tampering? Her (Diaz’s) campaign manager is an acting captain (in the PAPD – Paul Cannamela). It’s scary. Are these allegations going to be addressed? It’s been election day every day. I received a bag – with masks and Purel (hand sanitizer). Who is paying for this? She’s (Diaz) been handing out a lot of food – and she is not paying for it. There is a flyer talking about the top 10 tenant rights – it’s propaganda. #7 – New Jersey has no statewide rent control. The most a landlord can raise rent is 5%. Not true after Candyland. She touts how we are the only town with a Rent Leveling Board. We pushed her to do this. What is going to be done about election day and the politicization of the police department?”

Law Director Peter King asked, “Does anything (in the bag) say “Vote for anyone?”

JB Vas answered, “No.”

King stated that if the bag contained no voting material, it is okay.”

Fire Chief Ed Mullen came up to speak, “On Monday we handed out 50 bags. There were 1,000 bags passed out altogether. They came from the Rec Department. The Recreation Department requested our (the Fire Department) in helping distribute the bags.”

Resident Vince Mackiel came up to speak next. He began speaking about a Covid vaccine being available in 2021.

Council President Petrick interrupted Mackiel stating that right now there is no vaccine, and he should not be stating information because there is none yet. Petrick stated that people will thinkwe can get one now, and we can’t give out medical advice.

Mackiel said he was reading an article from the Home News Tribune about plans for Covid vaccine distribution once it is approved (hopefully in 2021). 

Mackiel stated that he wants everyone to think positively. “We are the most fearful nation on earth. Leave outside politics. We need to expand medical facilities in this town.”

Council Comments: 

Councilman Helmin Caba said, “The Covid numbers are rising. Please be careful. Parents – take care of your children.Make sure they are not out after curfew.”

Councilman Ferando Irizarry said, “I would encourage everyone who received a ballot – send it out ASAP. I would like to ask the clerk some questions. Someone who has gotten a ballot – who can this be given to?”

City Clerk Victoria Kupsch answered, “You can go to the Board of Elections in New Brunswick and there are voter information centers.” It was noted there are 3 local voter information centers: one in Highland Park, Old Bridge, and Sayreville. They are open 11 a.m. to 7 p.m. On election day (November 3, 2020), they will be open from 6 a.m. to 8 p.m. according to Kupsch.

Irizarry stated, “If you are a registered voter and if you call – they are not answering. If you go to the polls to vote – you vote on a provisional ballot. There is information on the state and county websites.”

Councilman Joel Pabon said, “It’s really a shame in Perth Amboy – a possibility of a runoff. A number of people do not speak the language. Why Sayreville and not Perth Amboy? The governor and the county has not helped us much either. If you have to get to the polls and fill out a provisional ballot – don’t give up.”

Councilman Irizarry said, “You can mail it (your ballot) or take it to a dropbox or a polling place until 8 p.m. (on November 3, 2020).”

Pabon added, “I wish all the candidates the best of luck. By the next meeting, we will hopefully have results.”

Councilwoman Milady Tejeda spoke next, “I want to thank everyone. I want to wish everyone luck. Perth Amboy has to make a decision. The only way you can make a change to the town and our nation is by voting. Do what you think is the best for the town. Make a safe Halloween for everyone.”

Council President Bill Petrick said, “I want to thank everyone out in TV-Land. Everyone (registered voters) in New Jersey got a mail-in ballot. Put it in the Police Station dropbox. It is open until 8 a.m. on election night (November 3, 2020). I wish all the candidates the best of luck to them all.”

The meeting adjourned at 9:36 p.m. All council members were present.