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Dominican Festival Permit, Board Appointments

Council Meeting

1/26/22 Council Meeting

By Katherine Massopust

PERTH AMBOY – At the start of the meeting at 7 p.m., Council President Bill Petrick remembered in the opening prayer resident Stanley Sierakowski and Ex-Fire Chief Andrew Stafford who recently passed away. Four members of the council were present in person and Councilman B.J. Torres attended the meeting via Zoom. 

There was a proclamation awarded to Gunnery Sergeant John Sardine for his work in Toys for Tots. Mayor Helmin Caba read the proclamation. Gunnery Sgt. Sardine thanked the council for honoring him. “I’ve been doing this (Toys for Tots) for 15 years. It was very impressive. (Perth Amboy).”

During The Hearing of Citizens, resident Jason Perez proposed a new business idea for the city. “I live, work, and shop in Perth Amboy. Our cigar company has been approached to have a cigar place in Perth Amboy – a cigar lounge. A place people can socialize, go online, do some reading, listening to music, watch TV, while smoking cigars. It will be highly sophisticated. Amboy doubles in population during work hours. There are cigar lounges in Staten Island and on Main Street, Woodbridge, and in Rahway. I am looking at a 1600 sqft. Lounge. I want to keep those people (working here) in Perth Amboy. Despite public health mandates against tobacco.” He also spoke about a device on the ceiling which cleans the air.

Councilman Joel Pabon asked, “Do you have that premises? We need to see if first you have the location with an open ceiling which can circulate fresh air.”

Council President Bill Petrick asked City Attorney William Opel if this type of business opposed any ordinances in town.

Opel answered, “There is an ordinance – it’s not clear. For this type of business, it might need to be slightly altered how it can operate.”

Council President Petrick asked Perez if he had approached the BID. Perez was concerned that smoking is not allowed inside public buildings in Perth Amboy.”

Petrick stated, “We will take a look at it and see if it can be updated or amended for this business.”

Councilman B.J. Torres said, “If we allow this, can we allow it for cannabis products. Tobacco related products affect 500,000 people annually in the United States. We restrict cannabis, but tobacco products kill 500,000 people annually and we restrict cannabis. I think it would be hypocritical to open one and not the other.”

Council President Petrick stated that it was something we have to someday to look at it.

No one spoke on any ordinance on the public hearing of the four ordinances on the agenda.

Public Comments on Agenda Items Only (in-person first)

Resident Ken Balut was the first person to come up and speak. He asked about the amount of money the city has bonded out. “When they did the turnpike, the fees were listed  first. If you are paying fees, it should be listed. He then spoke about Resolutions R-77 thru R-79. R-76 – Commending, Auxiliary Police Officer Robert O’Buck; R-77 – Recognizing Lieutenant Christopher Joy; R-78 – Recognizing Sergeant Sandy Rivera; and R-79 – Commending Auxiliary Police Officer Roberto Rodriguez.

Balut stated that Officer Rivera should get recognized. She went on the bridge for an hour in approximately 20o weather to talk someone out of jumping. This is twice this weekend when someone tried to jump off the bridge. These officers go out wit low pay every day. This should be in the newspaper. Why don’t we put positive news out there? There are over 20 people that tried to jump off the bridge. No thanks, no nothing. These people should be awarded.”

The next person to come up and speak was Irving Lozada. He spoke about R-52-1/22 – Approving a special permit for public entertainment to United Dominicans of Perth Amboy for the Dominican Festival to be held on August 12th, 13th, & 14th 2022, at Robert Wilentz Athletic Field of First Street and Sadowski Parkway. 

Lozada stated, “I am here as a resident. We are here asking for the council to vote for festival approval. We understand right a pandemic is going on. By getting approval by you, we can get the sponsors. If the festival needs to be cancelled because of Covid, we will be the first to not have the festival. You guys have the power. You can cancel what is approved in January.”

Mayor Helmin Caba came up to speak next. “New Jersey has the best Dominican Festivals. It is in the power not only with the council and administration to cancel. Section 343-3 -the council already has that power. I understand the pandemic has been very impactful. According to Fauci, the FDA predicts numbers will decrease by the end of February. Voting against R-52 will be a ripple effect on the Puerto Rican Festival, other festivals, the Fourth of July Fireworks. We had thousands who attended our Christmas Parade. It was beautiful. The mental duress is getting worse as the pandemic progresses. R-52 will give ample time to organize. Section 343-3 in our code, the city council has the right to revoke any permits allowed by the council. It is half a year away. The summer is when these events take place.”

The next person to speak was Attorney Daniel Gonzalez. “I didn’t know it was an issue requiring the festival that Mr. Lozada and Mayor Caba spoke. I saw Mr. Rosengarten. Did you approve of the Fourth of July (fireworks)? I hope that Covid will end. Wouldn’t it be great for our kids to enjoy the Dominican Festival and the culture of this festival? We have the best Dominican Festival in the USA. When we celebrate the diversity of our cultures, our Puerto Rican, Polish, Ukrainian, Cuban. . . (Look at the flags in International Park). That’s how many flags are in Perth Amboy. Let’s celebrate that. 

Celebrate Stars and Stripes Chair Barry Rosengarten came up next to the podium. “Celebrate Perth Amboy our Fourth of July Ceremony will be July 2, 2022 (Saturday). We are proud to celebrate, except in the last two years, we couldn’t (have the fireworks) due to Covid. The Dominican and Puerto Rican Festivals are important. The Fourth of July Ceremony represents the city. I ask you to respect the city and to approve the Dominican Festival, the Puerto Rican Festival and the Fourth of July.”

President of the United Dominicans of Perth Amboy Fermin DeJesus who run the Dominican Festival came up next. “Something to add – we will follow all the protocols. We will go a little further. We will have vaccination booths for those who didn’t have a chance to get vaccinated.”

Nicholas Brown spoke next. “I am a little hard pressed as you see. I am an African American male. It (Perth Amboy) has not been very welcoming. In 2002, I started working. I have been stopped, arrested, and put in jail for 6 days. A grand jury threw it out. The festival – I want to enjoy it also. I was born in this state. I cannot be who I am. I am a good person. I am tired of not feeling comfortable. I cannot walk down the streets and find soul food. I want to open your ears and your eyes. I suffer! I suffer! They have $5,000 of my money at the police station. I am crippled because of a court of law will not let me speak. I want to go to the Puerto Rican Festival and the Dominican Festival.”

Resident Lisa Nanton spoke next. She spoke about R-70 thru R-74 which were  appointments to the Zoning Board and Housing Authority. “I wish the council would have asked the Board Members to look at the physical sites – not Google them. Board Members should take them to see the property. The Zoning and Planning Boards are state regulated laws and municipal laws. It is a majority vote. It costs money to get on the docket on that Board. When I was appointed to the Zoning Board as in 2009, the Planning Board had already approved a project. When it came to the Zoning Board, it was overturned. That homeowner had to take down the second floor and put a flat roof on. It cost nearly $100,000. The Zoning and Planning Board are important. I was impressed by the applicants because they say they love the city. It is important to keep people who are there for 9 years. Newcomers will need people who took courses and passed exams. They need to be there and groom the new blood.”

Developer Eddie Trujillo spoke next. “It is very important that the council members to realize that the last two years people have been inside. I think the council should pass the festivals, Barry’s Fourth of July – he’s been doing it for years. At the end of the day, you make the votes. I’ve been here 50 years in town. I own quite a bit of property in this town. If you look at South Amboy, Woodbridge, Carteret, you see new buildings. Perth Amboy has been stagnant for 15 years. Bring in new faces on the boards to make changes. On every city you see development. You ride around town and see the same buildings. Give other people opportunities.”

Resident Wilma Matey spoke next. “Thank you for giving me the opportunity it serve. We have expert people who want to be taken off boards by one lowlife (who is pressuring them).  I will not name this undesirable man. You will no longer have leaders but only have followers.”

Resident Maria Garcia spoke next. “I want to talk about the difference of the Planning Board and the Zoning Board. The Planning Board is for making projects, while the Zoning Board is to see that they are up to codes. Zoning deals with variances. If you have a one-floor building and want to make it a two-floor building, you go to the Zoning Board. If you have a vacant lot and want to build, you go to the Planning Board.”

Resident Maria Peralta came up to speak next. She spoke in Spanish. Councilman Joel Pabon translated. “The Dominican Festival – I have nothing against festivals. Right now, there is a lot of Covid in the city of Perth Amboy. We should think that 20,000 people all together – We can wait to the following year until Covid dies. I have been knocking at a lot of doors and a lot of people are sick with Covid. It is a fine festival. To put together 20,000 people is not a good idea. If Covid comes down, I have no issues. I love the festivals.”

Resident David Caba came up to speak next. “I’ve lived here for 25 years. I believe in festivals. We live in a dark world. It is tricky down to the cities. If doesn’t matter (what ethnicity you are). We are all Americans. Let’ snot use politics. The Puerto Rican Festival is not on the agenda. Why not give it to the Dominicans? We cannot give it to the Puerto Rican Festival and not give it to the Dominicans. Instead of having division, we bring unity. Show me what you’ve been to. I’ve fought Joe Vas, Wilda Diaz – I’ll fight Helmin Caba – he knows – they all know. If I come up, it is because I care. I want my city to be better – not worse. What is your vision? Divide and conquer. At the end of the day, we are all Americans. We are living in a dark world. I judge you because the person you are. We all are humans and make mistakes. The only one who was perfect was Jesus Christ. You do the right thing.”

The next person to speak said, “What matters to me is Covid. There are so many not taking the shot. We are in a pandemic. Someone is not taking the shot. Where’s the kids? We are dividing people.”

The next person to speak was a male resident. “The festival – in order for anything to be organized, some things happen. In Covid cases we can do as a community to make it better. Organize, get sponsors, if everything does not change you can cancel. The last two years were hard. Everybody stays home and develop mental issues. When you come, keep your distance. We need to organize. It has been two years. We don’t know if it is high or low, so we can organize and go back to normal. You need time to plan it, and time to execute it.”

The next person to speak was a male resident. “These kind of events need to reach out sponsors. We cannot get insurance without the approval of the city council. The numbers now are high, but it seems the numbers are going down. We should definitely approve the festival. If the numbers continue, we will be the first to cancel. It will not hurt anyone by approving it. We will keep an open ear.”

Orlando Brady spoke next. “It is the first time I am doing this. I was in ShopRite. I see people walking everywhere. Walmart was the same thing. I am a teacher in Perth Amboy. There are crowded halls. I’ve been to the festival, and it is full. For the Dominican Festival, we have the space.”

Council President Petrick then verified that the students in the Perth Amboy School System are presently under remote instruction. Brady then stated that is true. 

Public Comments (via Zoom):  

Sharon Hubberman was the only person to speak on Zoom. “We are currently in a health emergency. These festivals – the origins on how they came to be. Those gatherings were not as immense as they are now. The protocols of event the if the festival requires proof of vaccination. The festival can cause a mini explosion (of Covid). What is the tracing of that? A lot of implements. I don’t feel comfortable unless we don’t approve these permits. The organizers have to pay dollars to the vendors. If necessary to cancel, they may say you passed it back in January. When you have these festivals, they are immense gatherings. The risk point is dangerous. I think we should be responsible to protect the residents who live here. I feel people should have their freedom. One reason we have an amphitheater was to use it for festivals.”

For the consent agenda, R-47 thru R-51, R-53 thru R-69, R-75 thru R-79 were moved by Joel Pabon, seconded by Milady Tejeda.

For R-52 (Permit for the Dominican Festival), Council President Bill Petrick asked Irving Lozada approximately how many people attend the Dominican Festival. Lozada answered, “For Friday evening, we are open from 5 p.m. to 11 p.m. and around 600-800 people come. For Saturday and Sunday, thousands of people come. All of you (the council) have been there.”

Councilwoman Milady Tejeda then spoke, “I spoke to the lawyer because I am part of the committee. I asked for advice whether or not I can be a part of the vote. I do not get a penny of this festival. I work as a volunteer. I am a healthcare worker. I experience Covid every day. I am vaccinated with the booster. If you feel you should not be there, then don’t be there. By June, we will have a better idea of what is. The organization is responsible. If we think the numbers are bad, we will cancel. I do not want to put anyone at risk.”

Councilman Joel Pabon said, “I respect every single person who came up here. I have no reason to come up with an excuse. I am vaccinated. People are not responsible. We cannot create a virus spreader. I’ve always supported you. There is 65,000 people attending, maybe more. I wish I am wrong. What I can’t sleep when something big happens. I will take the hit. When I make this decision, it will be the same way. The numbers are important. The numbers are getting low. Today there were 4 deaths. Yes, 4 people. I don’t want anyone to tell me. I’ve looked a lot at the numbers. I will not be a party to something if it is not right. I got a lot of phone calls. This is not personal. Do what you want. I am not giving into it. I’m sorry.”

Councilman B.J. Torres said, “I believe Joel Pabon. During the holidays I’ve seen a lot of deaths in our community. We have 24 deaths this month. It will be a hazard to our city if we go forward with this. Thousands of people come here. It can be a super-spreader.”

Council President Bill Petrick said, “I’ve always attended this event. Anything you see in the area – the controlled areas. This is an open area – the stage, the rides. I can’t imagine there will be someone to wipe down the ride (every time a different person gets in). Just recently a new variant was in Denmark. There was a ship going to aid people from a volcano. It is a mistake to say yes now, and something happens. In a couple of weeks (when the Dominican Festival is scheduled) away from school starting. It is summertime when everyone is hot and perspiring.”

For the vote on R-52 it was moved by Milady Tejeda and seconded by Rose Morales. Rose Morales and Milady Tejeda voted “Yes”; Joel Pabon, B.J. Torres, and Bill Petrick voted “No.” Motion does not pass.

For the appointment of the Boards:

R-70 (4-year Term to the Zoning Board) – Marilyn Grullon

R-71 (4-year Term to the Zoning Board) – Carlos Jimenez

R-72 (4-year Term to the Zoning Board) – Megan Oduyela

R-73 (Alternate No. 1 2-year Term to the Zoning Board) – Roberto Rodriguez

R-74 (5-year Term to the  Housing Authority) – Dave Benyola 

Public Portion (in-person first):

Maria Garcia spoke first. “Thank you for considering me for reappointment. It didn’t work out, I understand. The mayor, council can change. I have always been here for the city.”

Irving Lozada came up. “Thank you for taking the opportunity for what you (the council) believe. There is football, basketball games that are open or inside. We don’t know what will happen in seven months. What will happen if cases are down?”

Council President Bill Petrick answered, “If you held the event in Rudyk Park where you can control who goes in… The Super Bowl? Some places (states) do not believe in vaccinations. In Australia, the top tennis player in the country was kicked out because he wasn’t vaccinated.”

Lozada said, “Last month, for the Christmas Parade, did you ask everyone if they are vaccinated?”

Councilman Pabon stated, “It was spread out over within a mile radius.”

Lozada asked again, “Did you check if any person was vaccinated?”

Council President Petrick stated, “I’ve been to indoor events where there are vaccination points and wearing masks.”

Mayor Helmin Caba came up to speak next. “How are we going forward? The Christmas Parade? A 1-mile radius? Most of the time was spent in the front of city hall – thousands of people. I need clarification how to move forward. Easter egg hunts, little league, the arts festival – what about smaller events? This is going to take place outdoors – not indoors.  Not representing the city, if organizers want to take on, it is on them. I want clarification as to move forward the thought processes here. Why shut items down now? It doesn’t guarantee it is going to take place. Other places there many festivals in 2022. You are closing down the economy of the city.”

Councilman Pabon said, “I take offense to that, Mayor. I respect how the council voted. I’m not saying shut down. We are not trying to do anything negative for the city. Let’s say 4,000 people come here for the festival – more than 2,000+ – people are they vaccinated? Who knows? We risk that. When they leave, our people stay here. The festival was postponed two years. Last year they came, summer came – it is not over. I get phone call after phone call. I answer every phone call and text. If they are not home, I call them back. It will be irresponsible (to vote “Yes”). Look at the numbers.”

Barry Rosengarten spoke next. “I need clarification. You knocked out the Dominican Festival. I need clarification now. We need to know.”

Pabon answered, “You have no need to demand from the council.”

Petrick said, “I will do this on a case-by-case basis. The number of people attending, what Covid numbers are projected. First, the numbers are better in the summertime. The numbers get better when we all are vaccinated and be indoors. We have to determine our own judgement. We are responsible for our own community. It will be case-by-case per event per application.”

Rosengarten asked, “Are you going forward in the Stars and Stripe event? What I get here was confusion. Are we going forward with the fireworks?”

Petrick answered, “The Dominican Festival – we have voted.”

Rosengarten then asked, “Do I have an answer?”

Pabon then answered, “You submit your request like anyone else.”

Rosengarten then declared, “We are moving forward.”

Dave Benyola came up next. He thanked the council for their vote of confidence (appointing him to the Housing Department). 

Daniel Gonzalez came up next. “Congratulations to the newly appointed Board Members. I heard some of the applicants knocked it out of the park.”

Resident Vince Mackiel came up. “There is a rise in the Covid cases. I listen to the mayor and insist to get vaccinated.” Mackiel gave the Covid numbers over the last few months. “Those are real people who felt the effects.”

Sharon Hubberman was the only person to speak via Zoom. “Congratulations to our Boards. It is a pleasure and an honor to serve on a Board. Health and public safety should always come first. The process is very simple. The N-95 mask will be helpful. It’s up to every person if you are vaccinated. This is to produce safety.”

Council Comments:

Councilwoman Rose Morales thanked everyone and congratulated the new Board Members.

Councilman Joel Pabon said, “I want to thank everyone who came out on Monday to interview. As a whole, we had some awesome people to interview. Only one person made a political remark. When election time occurs, it is what it is. All I did is tell it like it is. To outgoing Board Members, thank you. I’ve known Maria (Garcia) a very long time. She’s a great person. She gives 150%. To Wilma Matey – thank you. Don’t shut the door here. Keep moving. What happens now? All of a sudden, we are not testing anyone. It’s about the money. In basketball, when they are charged, they will do the same thing. As a member of the council, I do take offense. The festival will not make a difference in my life. We have to take a look at each and every one of them. I hope everything drops off. I hope it happens tomorrow. That’s okay. I’ll take that. I don’t want people to come – you agree to that, and everyone get sick. Thank you everyone. Be safe.”

Councilwoman Milady Tejeda said, “Thank everyone who voiced their opinions. Each opinion, then vote differently. I feel voting for the permit and not affect the festival. That is how I voted. I respond to everyone – they did what they have to do. There are many places to get vaccines. Be safe. Take care of each other and the little ones.”

Council President Bill Petrick said, “There is no fee associated with vaccines. The Federal Government is paying for it and the tests – to anyone or everyone – get a vaccine.”

Councilman B.J. Torres said, “I thank the council for making the right decision. Safety comes first.”

Petrick said, “People are dying from this.”

Business Administrator Michael Green said, “We will find out about the (N-95) masks.”

Petrick then said, “Go online, you can get up to 4 in-home tests.”

OEM Coordinator and Acting Police Chief Larry Cattano stated, “The President did authorize N-95 masks. I don’t know how they will be distributed to the public. No information on when or where they are going to be here.”

Council President Bill Petrick thanked everyone. He offered his prayers to the families of Ex-Chief Andrew Stafford and frequent Council Attendee Stanley Sierakowski. He thanked everyone involved with the community meals, who gave a lot to the city. 

The meeting adjourned at 9:50 p.m.*

 

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