Council Report: Meshugenah Monday

The controversial paid sick leave ordinance was tabled indefinitely Monday, but a night club license for which police recommended denial was approved instead in a 4-3 vote.

The surprise topic of the night turned out to be changes at the Senior Center, about which more later.

Though it has been in the works since February, opponents of the paid sick leave plan said not all businesses have been made aware of it. Proponents said it has been discussed with business owners and a meeting is scheduled for today to continue talks. The legislation would allow workers to earn one sick day for every 30 days worked, among other provisions. In response to business owners, it had already been modified to lower fines for noncompliance and to do away with public naming of violators.

Both issues got a boost before Monday's meeting from social media, paid sick leave with a Facebook link to an online Courier News story about a poll that found 80 percent of Plainfielders favored the legislation. The poll was commissioned by the activist group New Jersey Working Families Alliance. But Nimrod Webb, president of the Special Improvement District association representing 400 businesses, dismissed the results in the article, saying any poll can be skewed.

If in fact the sticking point is informing all business owners, it is a tall order. The SID includes the central business district and a portion of South Avenue, but across the city there are more than 2,000 businesses, according to Census figures from 2007. City officials have long talked of creating a business registry, which would have made electronic outreach in English and Spanish easy.

The blog Plainfield Latino also made a Facebook pitch, for people to come out in support of the owner of the Richmond Street night club. A police investigation led to a recommendation for denial of his 2015-2016 liquor license, but a council majority declined to hold a hearing and agreed last week to vote on renewal of the license, along with numerous others. The Express Night Club was the only one receiving a police recommendation for denial. Police had also opposed a license transfer to owner Luis Penaloza for the 2014-2015 year ending in June. Plainfield Latino cast the situation as a plot by Mayor Adrian O. Mapp to shut down Latino businesses.

Before the vote on the license renewal, Councilman Cory Storch urged his colleagues to hold a hearing on the police reports and the "serious violations" that were uncovered. He said it was "a real disservice to this discussion to say we are trying to shut this establishment down."

Storch described the hearing process and said, "Then you make a decision."

In past hearings, the council in its role as the Alcoholic Beverage Control Board has imposed conditions on liquor establishments in violation, such as requiring security guards or training for employees on ABC rules. Storch said the state ABC would likely reject a denial, as it prefers "progressive discipline" for license holders.

When the renewal passed, audience members including other bar owners broke into applause.

The Senior Center issue began as a discussion item for the council. Rivers said there were rumors of it "phasing out" or merging with Recreation. City Administrator Rick Smiley said the change was only a "health and wellness expansion" led by Recreation Superintendent Veronica Taylor. He said the longtime center supervisor, Sharron Brown, and center staff would remain in place.

Council objections included doubt that Recreation could serve both youth and seniors, and concerns that Brown would lose her job. Rivers said although it was the prerogative of the administration to make changes, the council should have been informed. Gloria Taylor sparred with Smiley over Veronica Taylor's ability to handle the expanded program.

"The administration does not share your opinion," Smiley said, to which Gloria Taylor retorted, "Well, we handle the budget, so keep playing with us."

In public comment, a stream of seniors questioned the change and expressed great love for Brown. Some argued her title is director, not supervisor, and said that is how she is identified on the city web site.

Regarding the twists and turns of the paid sick leave law, the decision-making process for legislation involves several junctures. Council President Bridget Rivers can decide not to put resolutions or ordinances on the agenda in the first place. Items must receive at least a four-member council consensus at the agenda-fixing session to be up for a vote at the regular meeting. Ordinances must pass on two readings, so even if the council agrees one month to pass an ordinance on first reading, it still has the hurdles of getting on the agenda and passing on second reading. If the mayor vetoes the ordinance, it then takes five council votes to override it.

The paid sick leave ordinance received unanimous approval on first reading in February, but an outcry from business owners in March led to postponement until April. It then failed, 3-3, with "yes" votes from Cory Storch, Rebecca Williams and Tracey Brown and "no" votes from Gloria Taylor, Diane Toliver and Rivers. Vera Greaves was absent. Despite dissension, it was moved to Monday's agenda in a 6-1 consensus, with only Taylor objecting.

The meeting Monday went downhill fast when former PMUA Commissioner Alex Toliver came to the microphone in general public comment and made homophobic remarks to Williams, the only openly gay council member. He began by saying a harassment charge brought by Williams last year was dismissed in court. Toliver, whose wife Diane is now a council member, had suggested that Williams should be beheaded for not saluting the flag. Next he denied flirting on Facebook with her, saying he would not flirt with "a woman who dress like a man, walk like a man."

Toliver's conduct set off a round of apologies and expressions of sympathy from Williams' colleagues for having suffered his remarks.. Williams said a Westfield judge had found the remarks did not meet the strict interpretation of harassment and so dismissed the charges.

Barring any special meetings, the next City Council agenda-fixing session meeting will take place at 7:30 p.m. on Oct 5. The regular meeting will be at 8 p.m. on Tuesday, Oct.13.

--Bernice