By: Carolyn Maxwell

PERTH AMBOY – There was a discussion on Ordinance No.1 entitled: Zoning and Land Development regarding Marijuana Regulations.

Council President Bill Petrick stated, “We unintentionally placed the wrong ordinance regarding marijuana. The one on this agenda only deals with sales of marijuana.”

Law Director William Northgrave then spoke up. “I know there was an ordinance drafted by former Law Director Peter King. The new one that I have drawn up will deal with additional items which will include cultivation, manufacturing, and distribution of marijuana.”

Petrick then asked, “How do we move forward?”

Northgrave responded, “You (the council) will reintroduce a new ordinance on Wednesday to address the marijuana issue. This will have additional add-ons.”

Council President Petrick then addressed Ordinance No.2 entitled: A Municipal Code requiring construction project labor agreement on certain public instruction projects and certain redevelopment area financing project in the city of Perth Amboy.

Petrick said, “This is very vague. Are we (the council) relinquishing any rights or decision-making abilities by passing this ordinance?”

Law Director Northgrave then explained, “Financing of Projects and PILOTS have to come to you. This ordinance does not shift your oversight to anyone else.”

Councilman B.J. Torres wanted to make a quick comment regarding Ordinance No.1 (No Public Discussion) Entitled: Bicycles adopted December 20, 1939, regarding licensing. 

Torres said, “According to the ordinance from 1939, it gave the police the right to confiscate bicycles and incarcerate the bicyclist. That is why I asked that this ordinance be amended.”

The next topic discussed was Ordinance No.2 (First Reading) entitled: Approving a Donor Agreement with Kinder Morgan Liquids Terminal and Accepting a donation of approximately 2.0544 acres of property.

B.A. Remsen explained that this will complete the project. 

The next Ordinance discussed was Ordinance No.3 (First Reading) entitled: Police Department Special Police Officer Class I.

Councilman Joel Pabon said he was not in favor of hiring retired outsiders for this position. 

Business Administrator Edward Remsen explained, “Candidates are shrinking for these positions. The hiring pool is low.”

Pabon continued, “We always had a lot of auxiliary police officers on the force, and I want to make sure we take care of our own first.”

Remsen continued, “There are differences between the different classes of officers. I need to have someone from the Police Department to answer this.”

Councilman B.J. Torres said, “I think it’s to hire those who reflect the community.”

Remsen responded, “We need to increase the pool of our auxiliary.”

Miguel Morales from the Traffic Division came up briefly to explain that Deputy Police Chief Larry Cattano is on his way. 

CFO Jill Goldy came on via Zoom to speak about Resolution R-306-6/21 – Insertion of revenue in the CY:2021 budget for the Alcohol Education and Rehabilitation Grant in amount of $454.40.

“This is a budgetary item awarded to the city each year from the courts. It includes educational materials for people who had different traffic violations.” 

She also explained R-309-6/21 – Authorizing the insertion of revenue in the CY:2021 Budget for the NJDOT 2021 Youth Corps Urban Gateway Enhancement Grant in the amount of $32,000.

“This was approved by the council at the last meeting. Six youths were hired for the summer to make enhancements around the city (landscaping, etc.).”

City Engineer Ernest Feist came on Zoom to explain R-311-6/21 – Authorizing the submission of a grant application and grant acceptance of the NJDOT for NJDOT Safe Streets to Transit for the 2022 application at Smith Street for pedestrian safety improvement.

“This is for the sidewalk infrastructure by the train station.”

Business Administrator Remsen explained R-323 and R-324. R-323-6/21 – Health Benefits Continuation.

“This is for the children of deceased employees.”

Remsen asked that R-324 be pulled. R-324-6/21 – Amending R-287-5/21 and awarding a contract to Cintas Corporation 2 for uniform rental purchasing and cleaning services for several city departments. This is in accordance with Omnia Partners. Contract# R-BB-19002 retroactive to January 1, 2021, and terminating December 31, 2021, in an amount not to exceed $58,357.63.

B.A. Remsen explained, “You will have to split this into two related but separate resolutions.”

Council President Bill Petrick then questioned if R-326-6/21 – Authorizing a refund in the amount of $450.00 to Urayoan Torres for denial of a 2021fixed peddler application.

“Can we discuss this here or in closed session?”

Remsen answered, “The original application was rejected. There were separate problems such as sales, location, and onsite inspections. We are unhappy with the placement, but they are operating under our building codes.”

Petrick continued, “This is getting out of control with the size of the flags and the size of their food carts.”

Deputy Police Chief Larry Cattano who arrived in the council chambers explained, “The original location of the cart was on the sidewalk. We don’t govern the size of the signs. It is a code enforcement problem, and I will talk to the code enforcement director about this.”

Councilman B.J. Torres added some comments. “In 50 years of having vendors in that area, we never had any of them take up 2 parking spots. We already have spots (for food vendors) on Front Street. The neighbors are not happy (with where this vendor is). We have concerts going on and there is also a spiritual center in that area. If there are two events going on at the same time, parking will be a problem.”

Cattano responded, “They meet the criteria and were given a location. The marina parking lot is where we will get involved. The spots where they park on the roads is when we have a problem. The city engineers may get involved.”

The next person who spoke via Zoom was Code Enforcement Director Irving Lozada, “Noelia Colon from the BID and Deputy Police Chief Cattano reached out to me, and I called the Zoning Office regarding this vendor.”

Cattano then spoke up again, “Code Enforcement can reach out to the police department if they need to.”

City Clerk Victoria Kupsch spoke up to clarify the difference between having a spot in the marina parking lot versus having other spots near the waterfront. She explained that any vendor (with a food truck) has to go through a bidding process a the marina parking lot. “There were two spots available and only one person applied. BID Chair Barry Rosengarten said he knows of someone who may be interested in taking the second marina spot.” Kupsch also said, “It is not as easy as it seems to get a spot in the marina. You just can’t have someone (put a food cart there).”

Councilman Torres spoke again. “There is a neighborhood association group (of waterfront area residents) that are located near the spot where the vendor is, and you should reach out and work with them.”

Council President Petrick spoke up, “In Washington Park there was a complaint about a vendor with a loud generator.”

Cattano said, “I will call Lozada about that. With the vendors at the marina parking lot, we supply the electricity.”

Someone asked about the food vendors that are on Sadowski Parkway.

Victoria Kupsch then said, “There are no electric hookups at Sadowski Parkway for food trucks.”

Petrick then suggested, “We need to revise the ordinance regarding food vendors to adjust it for next year.”

Law Director Northgrave said, “The police department and code enforcement will need to look at a new ordinance. If the council knows specifically what they would want in that ordinance, the police department and code enforcement do not have to get involved.”

Deputy Police Chief Cattano addressed a question that was asked earlier in the meeting regarding Special I police officers. “We exhausted our pool of qualified auxiliary officers. Covid shut down the class size for auxiliary officer training.” Special I Officers can perform traffic detail and spectator control. They can issue summonses for disorderly persons offenses and violations of municipal ordinances. Firearms shall be strictly prohibited and the officers of this class should not be assigned any duties that may require the carrying of or the use of a firearm.

Each person for this position shall be from the current auxiliary police force. If there is no candidates exist within the auxiliary police force, other  candidates may be considered with the following qualifications: resident of the city of Perth Amboy. If no qualified residents exist within the city of Perth Amboy, then residents outside of the city may be considered. They should have 3 years of continued active service in the Perth Amboy Police in good standing. 

Councilman Torres asked, “If officers who may have had minor drug offenses, if their records are expunged, then can it open up an opportunity to join the force?” He also asked Cattano about the bicycle ordinance. He questioned if bicycles should be licensed and if voluntary registration would be the best way.

Cattano responded, “Safety should be first. The state statute can oversee our ordinance. Maybe a judge can get through to the violators better than we can.”

Torres thanked Cattano for his help and input regarding the bicycle ordinance.

Law Director Northgrave then spoke up. “There are a lot of laws that have very archaic parts in it.”

Cattano spoke up again, “Something that is dangerous regarding bicycles can result in confiscating a bike, just as we do with drivers who operate their vehicles dangerously.”

Torres then brought up the fact that in the recent bicycle incident, that only one bike was confiscated. “This may lead us open to liability.”

Cattano responded, “If we only give them warnings, we can’t call their parents or ask for their names.”

Torres suggested, “We should work with these teenagers and children instead of taking their bikes.”

Petrick spoke up, “Those bicyclists who were riding recklessly were from out of town.”

Cattano then said, “There were bicyclists hitching onto vehicles and doing other dangerous acts.”

Northgrave then commented, “The police can enforce the state statute and can evoke Title 39.”

B.A. Remsen then spoke up to give an update on the new gate at the Public Safety Complex. “There was only one bidder and now the bid has expired. The original bidder reapplied, but now wants $50,000 more. If we can give them upfront money for supplies, they can reduce the price and get the job done by September. If the new gate is not installed with all the needed components, it is going to be a problem. I’m asking you to reconsider the original vendor’s request. I would like to see this on the agenda for Wednesday’s Meeting.”

Councilman Joel Pabon spoke up, “This is only a gate, and it seems a lot of money they are asking for. If this gate was going to be placed anyplace else, I would say no.”

Remsen replied, “The electronics for this gate are very complex or we would have gotten more than one bid.”

Fire Chief Edward Mullen came up to address this issue, “When this gate is completed, employees will have swipe cards to go through the gate. The wiring and engineering of this gate are very involved. In case of an electrical failure, this gate will still operate.”

Petrick ended the conversation, “A school was built in the wrong location.”

Councilman Joel Pabon then said he would like to introduce another late-starter resolution regarding former Mayor Wilda Diaz’s vacation pay.

Petrick responded, “I would like to add this to the closed session. Having former Interim Business Administrator Patricia Perkins sign off on this was very troubling. I called one of our former B.A.’s Fehrenbach, and he said that it is unusual for a former mayor to go back that far for back vacation pay. I don’t know of anyone who had the gall to do this, this long after leaving office. I don’t want to be a part of this. This is now the third or fourth time that this would be on the agenda. I want the labor department advice before taking action on this.”

Law Director Northgrave spoke up, “The council can vote yes or no regardless of if it was done in the past. It can set a precedent. There is a statute of limitations. Under your code, elected officials have rights as regular employees. Diaz presented certification of what she is entitled to. There can be litigation if you reject her request. There is a cap that you can’t exceed.”

Pabon spoke up again, “Who is going to sign off on work done by a former B.A. when a new B.A. comes in? It’s the right thing to do if she (Perkins) signs off on paperwork.”

Councilman Torres said he would second the motion to put the Diaz resolution on Wednesday’s meeting.

Petrick continued, “The documentation smells like old fish. Mr. Fehrenbach said there is no way Diaz should get paid for this. Can we recover attorney fees if we win a lawsuit that she may file against us?”

Northgrave replied, “No, you can’t.”

Pabon said, “I respect Fehrenbach, but he got canned just like a lot of the former B.A.’s.”

Petrick then stated, “This is problematic and troublesome.”

Councilwoman Milady Tejeda spoke up, “I don’t like to give the money, but we have to close this chapter. Northgrave will benefit (for legal fees) and we will lose money.”

Northrave assured the council, “I wouldn’t take the case. You make the policy, but you will wind up spending more than $15,000. Your bills will be twice the money that Diaz is asking for.”

Interim B.A. Edward Remsen spoke up and asked Jill Goldy if she can go into more details about R-323 (Health Benefits continuation). 

CFO Goldy said, “This is for our labor attorney, and it is a proposed heading. Spouses and qualified children will get benefits of employees who dies while they were still actively employed by the city.”

Public Portion: 

Resident and former councilman Fernando Irizarry spoke first. He spoke about the recent Marijuana Forum. “The biggest takeaway that I got was that if you do nothing, it leaves us at the mercy of the state. You need to do something to be ready by the deadline in August.”

City Clerk Victoria Kupsch said, “There will be something in place to be voted upon before the August 21, 2021 deadline.”

Irizarry continued, “It would be irresponsible to leave the city at the mercy of state regulations. I want to thank you for all that you do. The mayor has not been clear on what he wants. We also pave roads and then it looks like crap shortly afterwards. High Street is looking bad after a recent repaving. What happened to the ordinance that says that the streets have to be put back to what they look like before the paving began?”

Resident Alan Silber came up next. He asked if Wilda would have a conflict of interest if she was involved in a city contract. “What year is she asking for backpay?”

Northgrave responded, “$15,000 is the cap for backpay.”

Silber then asked, “What year is she asking for?”

Petrick responded, “2008.”

Silber continued, “One of our former B.A.’s Adam Cruz threatened us if he didn’t get paid. We didn’t pay him, and he didn’t sue. Our Mayor Caba can also do this if he decides that he is due backpay (after leaving office). I see bicycles going 25mph at the Waterfront. Somebody came up here who worked the polls who said they were disappointed by lack of voters.”

The meeting was then opened up for Zoom.

Former Councilwoman Lisa Nanton spoke first. She mentioned the hot dog stand vendor controversy. “Bayview Park is still a part of Front Street.” She then talked about the marijuana issue. “I attended St. Mary’s High School and after partying, those kids would go to Staten Island to drink. Woodbridge would be selling marijuana. Students in town are already doing marijuana and drinking. We find condoms when we are cleaning up the gardens. This is a health and safety issue. If you want to stop something, bring it out in the light. Businesses thrive in the town (when they open up marijuana businesses). I think you should all look at every single episode of Boardwalk Empire (The HBO Series about Atlantic City and Bootlegging during Prohibition). The only people who will win are the illegal drug dealers if we don’t do this.”

Resident Luis Catreoes spoke next, “I am a marijuana smoker and I agree with what the last speaker said.” He invited the council to the LGBT Flag raising ceremony (6/28/21). “

Petrick then asked, “Why only LGBT? Are you missing some letters?”

Catreroes continued, “We can come out of the shadows. Most people know they are included.”

The meeting adjourned at 7:36 p.m. All council members were present in person.