1/20/21 Council Meeting via Teleconferencing
By: Katherine Massopust
SOUTH AMBOY – After passing the consent agenda, the release of the 12/16/20 Council Meeting, the bill list, and a resolution authorizing emergency repair at the Raritan Street Pumping Services, Inc., there was a lengthy discussion about the recording and minutes of the December 19, 2018 Council Meeting.
The December 19, 2018 meeting was significant that is when the Manhattan Beach Project was approved by the council by a vote of 3-2.
“Council President Mickey Gross along with Councilwomen Zusette Dato and Christine Noble voted in favor of the project, which will bring 501 residential units to South Amboy by 2025 and could potentially grow to 1,750 units over the next 25 years. Councilmen Brian McLaughlin and Tom Reilly, who have voiced their concerns about the project over the last few months, voted no.” (from: South Amboy Council Approves Manhattan Beach Project by Joseph L. Kuchie 1/9/19 issue of the Amboy Guardian p.3.)
There was a large amount of South Amboy residents who attended from the public. The acting city clerk at the time took the minutes of the meeting, but the recording device failed. The minutes are not posted on the City of South Amboy website. The audio of the meeting was sent to a professional service to be cleaned up.
Councilwoman Zusette Dato asked if the minutes that were being voted upon meet statutory guidelines. Law Director Francis Womack answered the question. “Considering the approval of minutes that are required are a summary of actions taken that night. These minutes certainly meet requirements set by the county.”
Councilman Thomas Reilly asked what the requirements are.
Womack answered, “A record of nature of the ordinance and vote taken.”
Reilly insisted that the minutes should include the remarks he made that night and the sentiments of the public who spoke. “Many items are not included. The audio was useless.”
Womack stated, “The best practice is to record the meeting. The fact that the recording device failed does not invalidate the meeting.”
Reilly said, “I ask we table it.”
Councilwoman Dato said, “I hear what my fellow colleagues are saying. I do not want to rewrite history. In my heart that the then acting city clerk – it was not intentional. We all remember that night. We know that vote. I respect my colleague to table.”
Council Vice President Christine Noble said, “I am in agreement in what Zusette Dato said. How do we open this up if someone has this on audio? I don’t remember what I said other than I voted on the project and I would again tomorrow.”
Councilman Brian McLaughlin was in agreement with Councilwoman Noble.
Council President Mickey Gross asked Law Director Francis Womack, “Do you recommend we table this?”
Law Director Womack answered, “It is up to the council.”
Councilman Brian McLaughlin made a motion to table Resolution 21-061 (Approval and Release of the Minutes of the December 19, 2018 Council Meeting).
Councilwoman Zusette Dato said, “I respect Tom Reilly’s concerns. He may propose amendments. We cannot rewrite history and I can understand his point. We have to be really careful. We cannot twist and turn and rewrite history. We have to be very cautious.
Law Director Womack said, “The City Clerk is in charge to make minutes.”
Councilman Reilly stated, “Were they reviewed by the acting city clerk?”
Law Director Womack said, “They were not as detailed as she could have made. The machine failed to record properly.”
Councilwoman Dato said, “A clerk always makes a note that night she relied on audio. She thought she could later listen to it and fill in. She made notes and later provided them to the city attorney and B.A. If we table, there will be an opportunity to do that.”
Law Director Womack said, “You will review and decide what you are comfortable on voting on. It does not change what happened that night. You do have the ability to amend minutes for adoption.”
Council President Mickey Gross said, “This can go on forever. At the end of it, the vote was still 3-2. At some point, we have to put closure to this. Any member of this council has comments. We are here as a group. We need to put closure to this thing. At some point enough is enough.”
Council Vice President Noble said, “I don’t have a problem to table.”
Councilman Reilly said, “I want my comments added. I have notes from that meeting.”
The council unanimously voted to table Resolution 21-061.
Council Comments:
Councilwoman Zusette Dato said, “Today is Inauguration Day is historic in so many ways. I wish President Joe Biden and Vice President Kamala Harris our first female Vice President success. It’s a big first for this country. As a female, women have a different point of view. We see things differently. All the best to the Biden Administration.”
Council Vice President Christine Noble said, “I agree 100% with Zusette Dato. Congratulations to President Biden and Vice President Harris.” Noble then offered condolences to the Masterson family due to the passing of Bob Masterson.
Councilman Brian McLaughlin said, “I hope everyone stays safe during this pandemic.” McLaughlin then asked about a blighted property.
Business Administrator Glenn Skarzynski stated, “A summons was issued. It’s a matter of finances. The pending demolition is waiting to recover the losses. We are waiting. I’ve had discussions with the county to move forward with renovations. The county releases matching funds. It’s closer to opening day.”
McLaughlin then asked Law Director Womack about serving as a representative on the Planning Board. Womack answered, “It’s not possible on a formal basis. Informally (if we can work it out) there are some forms of government that requires a member of the governing body (to be on the board). It is clear that the mayor and administration is responsible. It would violate our township code, council amongst itself.”
McLaughlin said, “Change the form of government. Would that have to be a citywide referendum? Which towns have liaisons to be a council member?”
Womack said he would let him know.
Councilman Thomas Reilly thanked the food pantry workers, the first responders and dedicated volunteers who keep South Amboy fed and safe. “Is there relief for late tax and sewer payments?”
Law Director Womack answered, “Yes, there is a way we can do this. The most we can do is wave interest on those things.”
Reilly said, “What about the palate operation, Venetian, and illegal housing?”
B.A. Glenn Skarzynski answered Reilly, “As far as the palate operation, no change. Venetian – that is still up to the courts. The illegal housing – Code Enforcement is working diligently.”
Law Director Womack said, “Venetian – at the next meeting, we will have a brief closed session. We are still in the discovery phase. We can go into more detail in a closed session.”
Reilly then said, “On the passing of Bob Masterson, he gave a ton of his time to charity events. He was a good man.” Reilly then spoke again about the minutes of the November 19, 2018 meeting. “It’s not about the votes. I think as a governing body we reflect back as for true assessment not only as a city council, but as a servant of the public. We gave a huge tax credit. It’s a shame we didn’t have (recorded) public comments. We lost it to get a true accurate assessment. I wish anyone who came to that meeting (was recorded) on how they felt.”
Councilman McLaughlin asked, “Have we ever lost minutes before?”
Council President Gross answered, “Not to my knowledge.”
City Clerk Deborah Brooks said, “I struggled with the system when I first came here. It is definitely not unusual.”
Council President Mickey Gross said, “My sorrows to the Masterson family. Miss you, my friend, Bob.” Gross then turned his attention to the pandemic. “How do I get vaccinated? There are different phases. All registrations for vaccinations are going through the state system of Middlesex County, NJ Covid-19 link. You are automatically sent to the state system. They will email you back and give you a code to put in. It will prompt you. One of the things (thank the Freeholders) is that not everyone can operate a computer. You can call 732-745-3100. There will be people to answer your call. There will be opportunity for the county and state to have a hotline to go on. Whether you are 65 or 25, go and sign up. They will email you. I can’t emphasize enough – sign up for the shot! We want to get back to normal! We need to vaccinate!”
Mayor Fred Henry said, “My condolences to the Masterson family and the Ust family. I know both families. South Amboy received a $120,000 grant for the transit village area signage to update LED signs for Main Street, Bordentown Avenue, Ferry Road. Pedestrian signs that blink will be put on Broadway.” Mayor Henry then spoke about the inauguration, “No matter what side you are on, we have to celebrate America. I wish President Biden well, so America does well. Thank the food pantries. Don’t let your guard down.”
Business Administrator Glenn Skarzynski said, “I want to than the response of the local Rotary Club. It began with 5 members – now there is over a dozen members. Reach out to the Rotary Club.”
City Engineer Mark Rasimowicz congratulated President Biden and Vice President Harris.
Public Portion:
Brandon Russell spoke first. “I want to thank the council for their decision. The 10/2/18 minutes are still missing. I am a little discouraged. I cannot force you to be transparent. I think we can do this together.”
A resident with the first name Greg spoke next. “The audio at the 12/19/18 meeting?”
City Clerk Brooks answered, “We sent it to be fixed. It was not particularly high quality.”
Greg asked, “Can it be posted?”
B.A. Glenn Skarzynski stated he could post the audio the next day, but there was no guarantee on its quality. He explained that the audio was given to a professional who was supposed to fix it, but the audio is still poor quality.
Law Director Francis Womack said, “When it was brought to the council, it was expressed that some skepticism. There is no obligation to do that, and no legal reason to post it or not to post it.”
Councilwoman Dato suggested that if a person wishes to have a copy of the audio, they should OPRA it.”
Greg asked, “If it was salvageable, would it be posted?”
City Clerk Brooks answered, “I haven’t posted it yet.”
Law Director Womack stated, “Councilwoman Dato is right. It is an OPRAable document. We could post this. No one can make any sense of the audio. It does not have to be OPRA’d. You can make it available.”
The council decided not to post the audio.
The meeting adjourned at 8:12 p.m. All councilmembers were present.
