6/23/21 Council Meeting
By: Carolyn Maxwell
PERTH AMBOY – The public had the opportunity to address several ordinances that had public hearings.
The first ordinance that was up for discussion was Ordinance No. 1 – Establishing a new chapter to the municipal code requiring construction project labor agreement on certain public construction projects and certain redevelopment area financing projects in the city.
Resident Ken Balut came up first. “You introduced this late and with little information.”
Business Administrator Edward Remsen replied, “The city has to abide by certain labor agreements.”
Law Director William Northgrave then spoke up to give a little more details, “This will only involve projects which cost $15 million and up. They have to meet certain criteria which include PILOTS, city contributions, RADs (Rental Assistant Demonstrations). It benefits organized labor unions.”
Balut continued, “This could be like it’s run by the mob. A lot of projects that were supposed to have union workers have very little union workers. We have two new people (in the mayor’s office) that are nonunion. Our governor was supposed to get union jobs for the sports betting properties. Somebody may come in with a project that would be just under $15 million to circumvent hiring union workers.”
Remsen spoke up again, “Several municipalities adopted this ordinance with $15 million being the amount for the projects to be under this union agreement.”
Northgrave then added, “It would be a project labor agreement.”
Resident Stanley Sierakowski came up next. He asked, “Was this ordinance based on state or federal laws?”
Northgrave replied, “No.”
Sierakowski then asked, “Did the supreme court get involved? Why is it $15 million?”
Northgrave stated, “You have to have a threshold amount.”
Sierakowski countered, “No, you don’t. It has to be based on the prevailing union wage. Just be upfront and say it is prevailing union labor wages. Lower the threshold. Think about it and be transparent.”
East Brunswick Resident Reinaldo Aviles came up next. “The new ordinance says it has to be based on three things – not just the amount of $15 million.”
Northgrave concluded, “If you set the amount too low, then it is going to hurt small contractors and they would not want to bring their projects here or invest here.”
The meeting was then opened up to the public for Agenda Items Only.
Resident Stanley Sierakowski came up to speak first. He had comments on R-332 (Vacation pay for former Mayor Wilda Diaz). “Have you all seen the itemized dates and hours?”
Council President William Petrick responded, “The information was provided. I don’t know how accurate it is, but we do have a calendar of it.”
Sierakowski continued, “Is there a breakdown? If the days she is claiming are okay, are there contract or personnel policies?”
Petrick responded, “I don’t know if the policy pertained to the mayor.”
Sierakowski continued, “Only certain days can be carried over. When I retired (from my county job) there was a formal document telling you what you can carry over to get paid prior to my retirement. Some sick days they had down as vacation days for me. Go to the Attorney General’s Office who can investigate this for you for free. This is garbage.”
Balut also came up to speak about R-332. Balut recommended that this should be done independently and not have Law Director Northgrave involved. “Go to the Controller’s Office and ask for former B.A. Greg Fehrenbach’s advice. Perkins (the previous B.A.) was here for only a short period of time. The city has paid over $300,000 on just two lawsuits. You pay out huge amounts on lawsuits that could have been settled for much less. The mayor can’t vote on this. She (Former Mayor Diaz) is treating lawsuits and has to get permission to get payments to get vacation pay. When she was out of the office, she put other people in charge. Go to the Controller’s Office to investigate this.”
Council President Petrick then asked Northgrave if the council can go to the Controller’s Office or the League of Municipalities regarding this issue. He then requested that Northgrave see if this could be done.
Northgrave replied that he could.
Balut continued, “I have done this. Just make a phone call or write a letter to the Controller’s Office.”
Petrick then asked the other council members for their opinion.
Councilman B.J. Torres spoke up. “This should have been done months ago.”
Northgrave then suggested that he could do a joint letter sending it to the Controller, the Department of Community of Affairs, and the League of Municipalities.
Councilman Joel Pabon spoke up next. “Just vote it down. The paperwork was submitted by Diaz and sent to the attorney. We sent out information regarding Perkins (employment) and we paid out $10,000 to her.”
Petrick responded to Pabon, “You assume Diaz would not get reelected. We had reappointments of interim business administrators. We didn’t know the results of the 2020 election and if she (Diaz) won, she would have appointed Perkins as the permanent B.A.”
Northgrave suggested that the council vote to table.
The next person to speak was Resident Alan Silber. “Some of you have been on the council a long time. This (resolution) came from a council member. Not a lawyer or business administrator. This is being based on emotions. The police can carry over vacation days with permission. Who gave Mayor Diaz permission (to carry over vacation days)? Diaz hired Fehrenbach three different times. I don’t trust this lawyer. Northgrave overturned a 2014 election, and now is giving opinions on Wilda Diaz’s request. Ken Balut got monthly reports about two lawsuits that got close to almost $400,000 in fees. Stop basing opinions on emotions and just be done with this. Submit the information that you got from Fehrenbach.”
The meeting was open to people on Zoom:
Resident Maria Garcia spoke first. “Is there a set time appropriated for sick pay or vacation pay for a mayor?”
Petrick responded, “No.”
Garcia continued, “Then she can choose what she wants.”
Northgrave spoke up, “She (Diaz) would be under a nonunion employee contract.”
Garcia continued, and asked, “What is the minimum and maximum she (Diaz) would be entitled to? We need to see her schedule of sick and vacation days.”
Petrick spoke up, “Diaz was not keeping logs.”
Garcia then said, “We need to find out why she went to Puerto Rico (during the time she was in office).”
Northgrave replied, “Diaz had down 280 hours, but not all the sick and vacations days were asked to be paid for. 20 vacation days is what she is asking for payment. Neither I nor Remsen were here at the time.”
Garcia then asked, “What years is Diaz asking to be paid for?”
Northgrave replied, “She is only putting down what she is entitled to.”
Garcia concluded, “She (Diaz) can’t claim anything because she has no records.”
After the public portion closed on agenda items, Councilwoman Rose Morales had a quick question regarding the bicycle ordinance and licensing. “What happens with repeat offenders? We need to have something in place.”
Acting Police Chief Cattano came up to speak, “The traffic bureau can impound bikes, but this may trigger towing and towing fees. Right now, it is up in the air.”
Councilman B.J. Torres asked if state laws would be in effect.
Cattano responded, “This can impact someone getting a driver’s license later when they impound a bike. They will have to pay storage and tow fees.”
Morales then requested clarification regarding the marijuana ordinance.
Northgrave answered, “As this ordinance states now, it prohibits any type of cannabis business in the city, and it is not falling under the state laws, and you can change and amend this ordinance along the way.”
The council then went to vote on the ordinances. For Ordinance No. 1 (Construction Labor Agreement), it was moved by Tejeda, seconded by Torres. Ordinance No. 1 (first reading – bicycle licensing) was moved by Tejeda, seconded by Pabon. Ordinance No. 2 (first reading – donation of property from Kindermorgan) was moved by Tejeda, seconded by Morales. Ordinance No. 3 (first reading – re: Special Police Officer Class I) was moved by Tejeda, seconded by Morales. The only person to move vote No. on Ordinance No. 3 was B.J. Torres. Ordinance No. 4 (first reading – Zoning and Land Development – prohibiting the operation of any class of cannabis business in the city) was moved by Tejeda, seconded by Pabon. B.J. Torres voted, “No”.
When it came time to vote on the consent agenda, Council President Petrick asked that R-328 – (2021-2022 renewal of Club License held in the name of St. George Catholic Club at 409-419 Eagle Avenue effective July 1, 2021) and on R-332 – (Authorizing compensation of unused vacation time to former Mayor Wilda Diaz) be pulled to be voted on separately.
For the consent agenda, R-305 thru R-323; R-325 thru R-327; R-329 thru R-331 was moved by Tejeda and seconded by Morales. R-328 was moved by Tejeda, seconded by Torres. Petrick was the only one how abstained. R-332 was moved to be tabled by Tejeda. Pabon and Torres voted “No.”
Public Portion:
The first person to speak was Stanley Sierakowski. He asked about R-330-6/21 – Awarding a contract for stop loss insurance for one year to Berkley Life & Health Insurance Company. “Was this contract bidded out and have you ever dealt with them before? There are a lot of insurance scams, especially if they have political connections. There are nationwide insurance companies being hooked up locally. Who are the principal owners of this company?”
B.A. Remsen replied, “They were recommended by the Finance Office.”
Council President Petrick spoke up, “This is the company who presented us with a $2 million check that they were able to save us on a claim from a couple of years ago.”
Sierakowski concluded, “I just want to make sure it’s not a fraud.” He then asked, “When will the new B.A. start?”
Petrick responded, “Monday.”
Sierakowski then made one additional comment, “I want to make sure the new business administrator knows about all the corruption both past and present.”
City Clerk Victoria Kupsch then said that the company Berkley has been with us since 2019.
The next person to speak was Ken Balut. He talked about Gartland (who was involved in scamming the City of Perth of Perth Amboy and the Board of Education out of money) and Former Mayor of Woodbridge and Governor James McGreevey. The book The Confession by James E. McGreevey published in 2007 mentions Kevin McCabe and Charles Kushner a lot. “We are cleaning Kushner’s properties. Is McCabe holding us up? I’m sure some of you have been approached by some of these people (in his book). The whole building (Landings) is terrible. McCabe was McGreevey’s right hand man. McGreevey was involved in Harbortown. The Kushner properties owe us over $4 million. Kushner was running around with Torricelli. Was there a backroom deal going on? When are we going to get back Kushner’s property so we can get another developer? Kushner and McCabe are running the show.”
Petrick then spoke up and asked Northgrave, “What is going on with the us getting paid by Kushner for paving part of Rector Street (where his properties are located)?
Northgrave replied, “The attorney is getting in touch with Kushner.”
City Engineer Ernest Feist was on Zoom to answer the question. “My engineering company did not get any emails regarding Rector Street (part of Kushner’s property).”
Petrick stated, “I don’t think you were included in any of the correspondence.”
Northgrave said he would forward all information on Rector Street to Feist’s Office.
Petrick said, “I also talked to other business administrators about this problem.”
Resident David Caba came up next. “I’ve been a licensed realtor since 1997. I did a comparison on Kushner projects in other cities compared to his projects here. It only took me about 5 minutes to come up with a comparison. In recent years, we have not had one of Kushner’s units sold for over $400,000 here, and those units are near the water.” Caba then said that originally a lot of these units were sold for over $400,000. He rattled off units that were sold for much lower than what their respective owners originally paid for them. “It is shameful and sad. I remember former Councilman Fernando Irizarry and myself fighting over this. I don’t live on Rector Street, but I care about this. Get this guy (Kushner) out of here!”
Petrick replied, “I see that Atlantic City is looking to get Kushner out of there.”
Resident Alan Silber came up next, “It’s bad when people who live across the water see Kushner’s building in disarray. This is more important than paying Wilda. New Brunswick changed their marijuana laws. I hear there is a bill to extend the deadline to decide if a town wants marijuana. Has anybody done any research on zoning for a marijuana business?”
Petrick responded, “Yes.”
Silber then talked about a brand-new building on Smith Street which is residential and has a liquor store underneath it. “I recently saw that on Rte. 78 at one Weigh Station there was a truck pulled over and they found $850,000 in marijuana in it. This is real people making fortunes off of marijuana and they are not regulated.”
Resident Lisa Nanton spoke next. “Everyone should speak into the mic so they are heard clearly. She then questioned the marijuana issue. Can you vote “yes” to the marijuana ordinance and change it later?”
Petrick responded, “It can be amended to say what we want in our ordinance.”
Nanton then asked, “Will that include all the licenses associated with marijuana?”
Petrick responded, “Yes.”
Nanton also wanted to thank Remsen who also help spearhead an attack against Elizabethtown Gas who spit on our community. “I am pleased how Remsen handled the meeting with Elizabethtown Gas. I want to meet with you (Remsen), and our new Business Administrator Green about Elizabethtown Gas to bring him up to date (on our issues with them).
Resident Fernando Irizarry came up to speak next. “Who do I call with concerns about the marijuana issue?”
Remsen replied the business administrator’s office.
Irizarry continued, “I organized a marijuana forum a few years ago. I understand a majority of people voted for marijuana, but not to have it here. I’m asking for the same. Let’s get real. No law is going to stop illegal marijuana activity. I never made this a religious matter. My faith, character, and decision are shaped by my faith. I’m not kowtowing. Now, I’m being labeled a zealot. I will wear that badge if it is good for the city. I want to thank B.A. Remsen for his service and wish him well.
The meeting was opened up to Zoom.
The first person to talk was Maria Garcia. “Regarding the noise ordinance, what do officers do if they have to respond a second time the same address? When I called the police to make a noise complaint about loud music, the dispatcher told me if I don’t like the music, then just move out of town. What are they doing with the new amphitheater? Will they be using it for concerts? And when will they take care of Sunshine Alley?”
Remsen addressed her last statement. “Councilman Pabon, the City Engineer, Public Works, and myself walked some of the streets of Sunshine Alley. We are looking to preserve some of the cobblestone and take care of some of the water runoff. In the capital budget, we will take care of two of the streets. We’ve invited the Historic Preservation Commission to come to the table.”
Cattano came up to answer Garcia’s questions about the noise ordinance. “The officers use discretion when they issue summons. We will investigate the dispatcher’s remarks. When calls come in, there is a date and time stamp. You could also ask to speak to a supervisor if one is on duty.”
Council President Petrick asked, “What about people making loud noises after 1 a.m.?”
Cattano said, “There are parties breaking up at that time or people are leaving bars. We try to hurry them up. If it is continuous, we will give them a warning. Six summonses were issued this past weekend.”
Remsen then told Garcia that the amphitheater has to be turned over to the city, then the recreation department can schedule events.”
Caroline Pozycki-Torres spoke next. “If we opt out of marijuana, will we also be out of getting the social justice funds? The BID had no input on this. The forum was very pro-marijuana. They said by opting in, we would get social justice funds. Things go very slowly when you don’t anything.”
Law Director Northgrave replied, “The advantage of cannabis sales is the tax collected.”
Pozycki concluded, “The state tax of 2% would be given to towns impacted by the war on drugs. There is a lot of disappointments and there is a timeline involved.”
Council Comments:
Councilwoman Rose Morales thanked everyone who made comments. “They are very much appreciated. I wish all fathers a Happy Belated Father’s Day. I hear the Juneteenth Flag Raising had a great ceremony. I couldn’t make it because I had other obligation that day. I heard that our youth soccer league advanced and will be going to Ohio to compete. As far as the marijuana issue, I have a wait and see attitude and right now, I’m neutral. I heard that Mr. Irizarry said I was going to vote “Yes” for marijuana. Right now, I am neutral. I wish everyone a Happy Fourth of July. I want to thank Mr. Remsen for his service. He did a phenomenal job.”
Councilman Joel Pabon said, “We had a lot of good events going on lately. The Second Street Park was named after the Borinqueneers. Irving Machado (A Borinqueneer Veteran) said he was honored and glad he was alive to see the park and that he received a lot of emails about this. 90% of the Borinqueneers are gone. I’m hoping this park gets done soon. Juneteenth was awesome and Jeanette Perry-Wilson did a great job. She really stepped up. The Pepino Club reopened. They used to sponsor a softball team and they had some really awesome pitchers. The American Legion had an event and PRAHD had a 5K Walk. I want to thank Remsen, and I can’t call you after Tuesday, but whenever I did call you in the past, you would react, and you would always meet with me. I wish you the best. But, before you leave, I will hit you with one last request. There are 18 lights out on New Brunswick Avenue. This is a quality of life and safety issue. When you are in office, you can accumulate a lot of time. All you have to do is request an OPRA. Have a Happy Fourth and enjoy the Waterfront!”
Councilwoman Milady Tejeda said, “I thank all who participated in person and on Zoom. I was grateful to be able to attend the Juneteenth Celebration. It was a beautiful event.” She also mentioned the LGBT Flag Raising. “They are a suffering community. They are abused and sometimes commit suicide. I hope they have a nice event. Because of work obligations, I will be unable to attend. I want to thank Larry Cattano and the administration, who were able to have a vaccination clinic at Our Lady of Fatima Church. I want to acknowledge Mr. Remsen, and I wish I were able to get to know you better. We will miss you.”
Councilman B.J. Torres said, “I thank Mr. Remsen for being a gentleman, a professional, and keeping the ship afloat.” He also mentioned the LGBT Flag Raising (6/28/21) and that June is Pride Month. “We (the residents) voted for the sale of retail marijuana. We should converse with the Business Improvement District and other stakeholders to move this forward with a responsible plan.”
Council President Bill Petrick said, “The high school is graduating on 6/24/21.” He told Mr. Remsen that it has been a pleasure working with him. “And with the new titles that were implemented, you still may be an employee.”
B.A. Remsen responded, “It was an honor to serve (the city) and I am not that afraid of Jill Goldy any longer. I’ve served on your side of the table. It is my job to be held accountable. You have a great talent and pool of employees and department heads. Kenny Ortiz has done a great job and he has a great future in leadership. The department heads always had my back. I will not have people bash those that are underneath me.”
Petrick responded, “You are very unique because you have served on a council.”
Remsen kiddingly replied, “If you give me 90 days of vacation pay, I might consider staying.
Stanley Sierakowski shouted out from the audience, “You should stay. You were good!”
The meeting adjourned at 9:15 p.m. All council members were present in person.
