2/24/21 Council Meeting
By: Carolyn Maxwell
PERTH AMBOY – The first order of business was a presentation by Samantha Castro who is a member of the Frontline Youth. She talked about the Perth Amboy Civic Trust Public Safety Improvement Policy.
She first thanked the council for having this presentation. “Essential force by the police is a public safety issue, not only for the citizens, but for the police.” She then started to read information from two studies, which basically said the Perth Amboy Police Department is using much more excessive force than other municipalities and states.
After she made her presentation, Councilman Joel Pabon said he appreciated Ms. Castro sticking with this issue. “I’m behind you.”
Council President Petrick said, “I am looking forward to getting this ordinance on the next agenda.”
Police Chief Roman McKeon came up to speak via Zoom. He was concerned. “The Perth Amboy Civic Trust needs to give us fact-based information.”
P.B.A. John Marcinko said he has worked with Harry Pozycki (from the Citizen’s Campaign) and has spoken numerous times about the public safety policy. “I am floored by the stats given (when Castro spoke). Where did it come from? In 60,000 interactions with our police department there were zero incidents with a baton. Tasers were used two times in the last year. There was an ordinance that the FOP put together. There’s a certain level of training needed by this committee (Perth Amboy Civic Trust Committee).”
After Ms. Castro’s presentation, the meeting was open for the public comments on agenda items only.
Public Comments:
The first person to speak was Stanley Sierakowski, who commented on the presentation of The Public Safety Improvement Policy. “The New Jersey Attorney General assessed the standard for all departments of law enforcement. This includes training and all protocols. This (Public Safety and Improvement Policy) is a moot point, and you are wasting time. The state law supersedes all law of municipalities and counties.”
Resident Alan Silber came up next. He was upset that the amount of time for the public to speak was changed from 5 to 3 minutes. “When was this decided?”
Council President Petrick responded, “The council was polled, but no vote was needed.”
Silber continued, “You have no authority to do this and this has nothing to do with the meetings being conducted through Zoom. We survived having a time of 5 minutes to speak with the Vas and Diaz administration who never changed the public hearing’s time.”
Petrick then said, “We can put it on the next agenda, because on this agenda, it says 3 minutes.”
Law Director William Northgrave spoke via Zoom, “It is the council’s legal right to establish a time for speakers and you can extend the time for speakers by polling the council.”
Resident and Lawyer Daniel Gonzalez came up next, “Sometimes the peanut gallery and I mean that in a respectful way will challenge the council. 5 minutes is cool. Several people come here to speak most of the time. I also want to give kudos to Samantha Castro who gave the presentation this evening and her group. I’m usually the person protecting the community and the police. We’ve had issues since Fuller (a detective who was involved the 1988 controversial shooting of two Mexicans in Perth Amboy which resulted in a riot). A lot of the new group (of police officers) are military. It’s reactionary. I’ve seen hundreds of cam videos. 4 negative interactions I would say happens in one day – not one year. Harry Pozycki’s group (the Perth Amboy Civic Trust) and Samantha Castro (from Frontline Youth) just want the police and citizens to get along. It is protection for the citizens and the police.”
Union Delegate Police Officer Danny Gonzalez (no relation to the previous speaker) came up to speak. “I have been in the department going on 14 years and I also have lived in the city for over 30 years. We are not taking this abuse, especially when someone says we use excessive force 4 times a day. I can’t believe this. We take a lot of abuse during those “peaceful” protests. No one tells the full story of the interactions that the police have with the community where the police were abused. Who is speaking up for the police when something happens to them?”
Resident and former Councilman Ken Balut came up to speak next, “I don’t know where these numbers (stats of excessive force by the Perth Amboy Police Department) came from. Politicians hire cops and they should be held accountable for hiring unfit cops. I want to thank Councilman B.J. (Torres) for saying what he said about me (during council commets at the 2/22/21 caucus meeting). I got a lot of phone calls from people. I came up to speak about the wasted taxpayer dollars on these façade grants. You want a civic trust. We (speakers) come here, and I’ve been asking for an audit. What is the BID budget? $240,000? We have all those grants. And those bricks that are downtown on the sidewalks are disgusting.”
BID Chair Barry Rosengarten came up to speak, “For myself, and the BID Directors, I just want to say we support the police. As far as the façade grants, we only give 50% of the cost up to a certain amount (to approve applicants). The signs and improvements are posted (on our website). Balut’s comments are wrong.”
Resident and former Councilman Fernando Gonzalez came up, “I think it is wrong to reduce the time (for the public to speak) from 5 minutes to 3 minutes. I want to thank you for recognizing the two former councilmembers. This is the first time we had a mayor who first served on the Council. Give this mayor an opportunity to work with the BID and turn it around.”
The next speaker was Sergio Diaz who is also a BID Board Member. “The downtown businesses that needs façades – we cannot police those businesses. At every meeting, we talk about all the programs available and about our neighborhoods. Business meetings are held at businesses that are part of the BID. I was born to serve, and not to be served. Give us solutions by coming to our BID meetings. We do not always have the same businesses getting the façade grants. We have not turned away qualified businesses who request façades. I want to thank Barry Rosengarten for his service to the BID.”
Resident and former Councilwoman Lisa Nanton came up, “The mic should be cleaned between speakers. I commend the council for asking questions about the BID. While I was on the council, my experience with the BID was disappointing, especially with the cost of the banners and planters. When Roxana Troche (Former BID Coordinator) was here, I suggested about the placement of the planters and their shapes. The BID also had material about different menus (in the city restaurants), but those menus were gone in a few minutes. I suggest having house tours and tree lighting during the holiday season. I know a lot of things fell through the cracks when Roxana left, but I’m willing to give the BID another chance with our new mayor.”
No one from the public spoke via Zoom.
For Ordinances No. 1 – Amending refunding bond ordinance in order to among other things permit a tax-exempt refunding. Was moved by Pabon, seconded by Morales.
Before voting on the consent agenda, Councilman Joel Pabon had a comment regarding R-122 – the extension of Edward A. Remsen as Interim B.A. “This is a replay of last year. He has no experience, but I understand the pressure to get this done.” Pabon then talked about R-132 – Appointment of Mark Cintron as municipal prosecutor. “I’ve heard nothing good about him, but to me, it’s “Pay to Play,” and I vote “no”.”
Councilwoman Morales also had a comment about R-132 and asked if Cintron violated the “pay-to-play” ordinance.
Law Director Northgrave replied via Zoom, “This is not a contract. It is a mayoral appointment and not a violation of “pay-to-play””.
Morales then asked, “Can I vote on this resolution since I was part of the ticket that Cintron gave money to?”
Northgrave replied, “It is a city ordinance that the State Ethics Board will not get involved in. There is no ethical violation.”
Council President Petrick then asked Northgrave if he could call the State Ethics Board to get an answer (is this pay-to-play?).
When it came to vote on the consent agenda, the following were asked to be pulled to be voted on separately: R-114, R-115, R-116, R-119, R-122, R-132 (see 2/22/21 Caucus). R-123 was voided.
For the consent agenda R-113, R-117 thru R-118; R-120, R121; R-124 thru R-131; R-133 thru R-135 were moved by Pabon and seconded by Torres.
Late-starters R-136 thru R-141 were moved to be added to the agenda by Pabon and seconded by Torres. The council voted to add the resolutions as late-starters to the agenda. R-136 thru R-141 were appointing commissioners to the Redevelopment Agency.
R-114 was moved by Pabon and seconded by Torres to adopt the BID budget. All voted yes. Council President stated he voted yes as long as the additional person the BID hires for $25,000 is “completely supported by the BID and not an employee of the city”.
R-115 – Appreciation to Fernando Irizarry for his dedicated public service. R-116 – Appreciation to Helmin Caba for his dedicated public service. Both resolutions were moved by Pabon and seconded by Torres.
R-119 – Workers compensation settlement entitled “Jennifer Morales vs. the city of Perth Amboy” for the amount of $12,500. R-119 was moved by Pabon and seconded by Tejeda. Councilwoman Rose Morales abstained.
R-122 – The extension of the appointment of Edward A. Remsen as Interim Business Administer no longer than 60 days from March 7, 2021. R-122 was moved by Pabon and seconded by Tejeda.
R-132 – The appointment of Mark Cintron as municipal prosecutor and waiving the residency program. R-132 was moved by Pabon and seconded by Tejeda. Pabon voted “no”.
Two council members had remarks regarding former Councilmen Fernando Irizarry and Helmin Caba.
Councilman Joel Pabon said he appreciated the work that they did. “You can’t get paid enough to do this. Caba went even deeper and became the mayor. We thank you and we enjoyed working with you. I wish you well, and the citizens appreciate what you did.”
Councilwoman Milady Tejeda said, “It was a pleasure to work with both men, especially Councilman Fernando Irizarry because everyone expects me to be the translator. I appreciate the time and dedication they put in. Our new mayor has a new vision for the town.”
Before the late-starters were voted on, Petrick had a couple remarks he wanted to make.
Petrick first asked, “Will the council appoint members to PARA?”
Northgrave explained that state law will pre-exempt the city ordinance. “The mayor will appoint. The council will advise and consent.”
Petrick continued, “Will this weaken us?”
Northgrave suggested, “You can bring your challenge to superior court, but you can’t go to the local finance board or the DCA (Department of Community Affairs).”
Petrick wasn’t convinced and stated, “We need a firm decision. This will set a precedent for other municipalities.”
Northgrave responded, “I will research the law where there may be something on the books (who has the final say on PARA appointees pertaining to your form of government). The governing body is different regarding the form of government we have.”
Pabon then spoke up, “We have an ordinance in place, but we are doing something different. We should eliminate one of the ordinances.”
Northgrave continued, “There are some ordinances on the books that are no longer enforceable.”
Pabon then suggested we should pass these resolutions, “This board has so few members.”
Petrick concluded by asking Northgrave to give final judgement that the council can make appointments to PARA.
The council voted to pass R-136 thru R-414.
Public Portion: Those in attendance in person spoke first.
Resident Alan Silber came up first. “When Fernando Irizarry was here, he was criticized for asking questions. I heard about Monday’s meeting where Councilwoman Morales stated we should hear about more positive things. You (addressing Morales) were known as the “Queen of Recalls”.” Silber then turned his attention to Mr. Torres. “You should have not said to cut the mic on Balut. He is a legend in this city. The public is the one who told the council about what is going on with some of the people in the last administration: Former B.A. Adam Cruz – inappropriate behavior; Former B.A. Peter Pelissier – paid vacations; Former Law Director Peter King – changing the law on nepotism. What happened to the reports of the head count and new hirees? Brian Walensky who was hired to head the Parking Utility was paid to work on 3 different campaigns. The council didn’t know he was hired by the city until the public told them. Now you change the time how long the public can talk during the public portion. When you talked about Baratta, it was wrong, especially when you voted to give him an award.”
Councilman B.J. Torres responded to the Balut remark, “I just asked for him (Balut) to follow the rules.”
Former Councilman and Resident Ken Balut came up next, “There still is a light that is outside of City Hall on High Street that is still out. We lost UEZ money because it was stolen. The prosecutor lives in Bergen County, but gave a political contribution in our election. Somebody had to call him (about getting a job).” Addressing Councilman Torres, “You need to take a lesson from your Father-in-law (Harry Pozycki). We are taxpayers and can speak.”
Resident Stanley Sierakowski spoke next. He told the council, “Go to the Attorney General’s Office regarding who will be the governing body when it comes to appointing PARA members. With the Faulkner Act, the Mayor is the governing body. As far as the Anchor Marine property, when they didn’t’ pay taxes, people kept their mouth shut. The tax collector said she couldn’t do anything. Did she tell anyone what the annual tax report was? Was she threatened with losing her job? Who had the lien? And how much was the lien when it was taken off the tax rolls? Foreclosures take 25 years. You should investigate how you were robbed of millions of dollars.”
Councilman Pabon asked Business Administrator Remsen if he could answer the questions regarding the Anchor Marine property. “Can we get any money from this? It will be worth it.”
Remsen answered via Zoom and asked that Mr. Sierakowski send any information he had on Anchor Marine.
Carlos Cruz from a towing company spoke next. “I have received 25 tickets in a short period of time. On Monday, the Deputy Police Chief said he would be in contact with me, and he hasn’t. An officer uses excessive force by giving me an excessive amount of tickets.”
Law Director Northgrave responded via Zoom, “I’m reviewing all the information sent to me on this matter. This should not be a council matter. At the end of January, I got information from Mr. Cruz and the Police Chief should not get involved.”
Wanda Rivera, who is the owner of the towing company with her husband, Carlos Cruz came up to speak. “We are up in the air right now, and only Councilman Pabon responds to us. I have been fighting these tickets since 2019.”
Resident and Former Councilman Fernando Gonzalez came up next. “We’ve got to stick to having people speak during the public portion for 5 minutes. It has been that way for 30 years. I’m supporting the BID because the new mayor is working with them. The BID has money to help with the lighting. The mayor is not part of the Redevelopment Agency. I had a problem with mayors sitting on the PARA Board. Our new mayor I not part of PARA.”
Resident and Former Councilman Fernando Irizarry came up next, “I want to thank the council for this recognition. I want to recognize my wife who has been my greatest supporter and the sacrifices she made. I want to thank the public and it was a privilege to serve and I will stay involved. I would like to know what is the alternative when the Handicapped Parking Committee was eliminated. What is the status of the permits?”
City Clerk Victoria Kupsch said, “No new permits have been done yet since the committee was eliminated.”
Irizarry then asked if there was a marijuana ordinance put in place.
Petrick responded, “We were waiting for the state’s actions first. We want to make sure there are no dispensaries near houses of worship, schools, hospitals, and residential areas.”
Irizarry ended with, “We don’t have open spaces in our city for that kind of business.”
Petrick said, “We hope to have an ordinance in place soon.”
B.A. Remsen spoke up, “People have been calling to open marijuana dispensary sites in town and the council should act on this asap.”
Irizarry concluded, “People said that they are opening in towns that have not had laws on the books.”
Resident and Former Councilwoman Lisa Nanton came up next, “It is not legal to sell marijuana.” She then made comments regarding the BID, “As members of the Prop House, we would take field trips to other towns. I suggest that the BID do something similar to see how other cities beautify their business district. We have outstanding historic buildings. When I was on the council, I was intrigued by the speakers that came here all the time. They turned out to be great resources. People who appreciate what you do will send you cards, but it is important you have principles before personality. Everyone wants the new mayor to succeed. You may have disagreements but listen to your fellow councilmembers in closed sessions.
Former Perth Amboy Resident Reinaldo Aviles spoke next, “With the PARA current ordinance, the council makes the appointments. Should the current mayor abide by the ordinance? The state said the mayor is the governing body. You can take this to the supreme court. The mayor is changing his point of view from when he was a councilman regarding PARA appointments. As far as the appointment of Cintron as municipal prosecutor, the mayor said he didn’t have to bring this to you. Then why did he? Something sounds dirty if someone makes a campaign contribution and got a job.
Council President Petrick responded, “There was a donation in a previous year, and the person or entity that made the donation sat out the year.”
City Clerk Victoria Kupsch made a statement, “There was a veto, which was overridden by the former mayor regarding PARA which the council wanted to change regarding the council making appointments.”
The meeting was then opened up to the public to participants via Zoom.
Resident Susan Batista spoke first. She talked about the CARES Act and CDBG Grants. “Some you have to apply for, and some are curtailed. Catholic Charities should get money which would benefit the city. Catholic Charities gave free homes to qualified applicants.”
After Batista’s remarks, B.A. Remsen came online via Zoom and reported that Public Works Supervisor Danny Cleaver and Parking Utility Manger Jeanette Rios took care of 18 lights in the parking deck. “Cleaver is working with PSEG to replace the lights with LED’s in some cases.”
Council Comments:
Councilwoman Rose Morales was surprised to be addressed as the “Queen of Recalls”. “This is the first time I’ve heard that. I was hoping to address Mr. Silber, but I see that he has left.”
Someone summoned Alan Silber in the hallway, so he came back.
Morales continued, “It was husband (Miguel Morales) who initiated a recall on former Mayor Wilda Diaz. When you believe something is wrong, you question it. I supported my husband when he did the recall on Wilda Diaz. We (the council) are the punching bag, but we need to see suggestions of how to improve the town – constructive criticism. We want to work together. I’m going to pick your brains, Mr. Silber because you are a very smart man. Give our mayor a little more time.”
Silber responded, “I don’t want to see a repeat of the Joe Vas administration.”
Pabon spoke next, “Our meetings were going 3-4 hours. No one has been turned down when requested additional time to speak at the mic. I get a lot of text messages and phone calls from people asking questions. We need to investigate the Anchor Marine property. I don’t take anything for granted. Some people don’t want to be identified when they speak. Some people question why there are only 3 minutes to speak, but leave the meeting before it is over. Thanks to the Public Works Department for getting the lights done. We have a new mayor, but the employees don’t change, and they need to make him look good.”
Councilwoman Milady Tejeda, who spoke via Zoom said she appreciated all that was said. “It gives you a good idea what is going on in the city.”
Councilman B.J. Torres said he appreciated all the comments that were made tonight. He applauded Governor Murphy signing the law decriminalizing marijuana, “Which treated minorities unfairly. Times are changing.”
Councilman Bill Petrick thanked everyone who participated here or on Zoom.
The meeting adjourned at 9:40 p.m. Councilwoman Milady Tejeda participated on Zoom. All other councilmembers were present in person.
