Chronology of the Phillipsburg Resistance To A Warehouse On The Peron Howard Street Property

The table below provides a quick snapshot of the chronology of the history of the Town of Phillipsburg and the developer's, Peron Construction/Michael Perrucci, attempts to build a warehouse on the Peron Howard Street Propert, in downtown Phillipsburg, miles away from any interstate, in a DEP designated overburdented community, next to the Delaware River. 

Click on the date for further information.

 

Date Description
January 24, 2021 Phillipsburg Councilmen Robert Fulper and Frank McVey, seeming to act as proxies for Peron Corporation, do a presentation to residents on the Peron Howard Street property.  Although at that presentation it was not totally clear what was intending to be built on the property, it was mentioned that trucks could traverse route 519  as a route to navigate between the facility and route 80.
February 25, 2021 A Consistency Report is prepared by Angela Knowles of Van Cleef Engineering.  A Conistency Report is a report that is prepared by a Planner and is meant to provide guidance in determing whether a project makes sense.  The February 25, 2021 Consistency Report presented by Angela Knowles ignored the specific letter and spirit of the 2013 Master Plan Re-examination Report.  Hence, the Consistency Report was seriously flawed and did not provide the Land Use Board with the information that the area where the Peron Howard Street property is located should only be zoned either Riverside Residential, Riverside Heritage, or Riverside Commercial.  The potential zones in that area are to be zoning that would complement and enhance the already residential in that area of the Flats of Phillipsburg.
February 25, 2021 Frank McVey, in an apparent attempt to intimidate an environmentalis, made a "vicious and sexist" comment directed at Theresa Bender Chapman.  Frank McVey is a strong proponent of the warehouse. His comments received wide press coverage:
April 20, 2021

This is the first reading for the warehouse ordinance was at this meeting.  The first reading of the warehouse ordinance passed with the following votes:

Voting for the warehouse ordinance:

  • Robert Fulper
  • Frank McVey
  • Randy Piazza Jr.

Voting against the warehouse ordinance:

  • Danielle DeGerolamo
  • Harry Wyant
May 4, 2021

The first "warehouse" ordinance, Ordinance 2021-14 passed.  An ordinance needs to pass two readings.  Once the second reading is done and it receives enough votes, it is then passed to the Mayor for a signature.  Tod Tersigni signed Ordinance 2021-14 and the ordinance became effective after a specified period of time.  I believe the time it becomes effective is 20 days after notice of the passage and signed by the Mayor.  Ordinance 2021-14 specifies that the lst 32 acres of undeveloped land in downtown Phillipsburg, miles away from any highways, next to an overburdened community, and along the Delaware River should be rezoned from Riverside Residential to Industrial to allow a warehouse to be built on that property.
Voting for the warehouse ordinance:

  • Robert Fulper
  • Frank McVey
  • Randy Piazza

Voting against the warehouse ordinance

  • Harry Wyant
  • Danielle DeGerolamo

Danielle DeGeralomo's 4/20/2021 comments against a warehouse on the Peron Howard Street property: https://youtu.be/uyrv6e1k9u0

David Morrisette's comments.  David asks if any of the Council members had been represented by the Florio, Perrucci, Steinhardt, Capelli, Tipton and Taylor law firm.  Perrucci is a named partner in the law firm and the law firm has defended multiple Council members, and therefore those members of Council should not vote on the warehouse ordinance that pertains to Perrucci property.  - https://youtu.be/Fz6AHKIIyXM

August 25, 2021

The items regarding Frank Mcvey's legal issues and his resignation from Council are significant for a number of reasons:

  • Frank Mcvey voted for the warehouse ordinance
  • The law firm Florio, Perrucci, Steinhardt, Cappelli, Tipton and Taylor has represented Peron Construction, the company that owns the Peron Howard Street Property
  • Michael Perrucci, the 100% owner of Peron Corporation is a named partner of the law firm
  • Frank McVey was represented in a prior legal case regarding drunk driving and leaving the scene of an accident by the law firm Florio, Perrucci, Cappelli, Tipton and Taylor
  • Frank McVey is alledged to have this and other conflicts of interest which would have invalidated Ordinance 2021-14, which was passed on May 4, 2021.

Council President Frank McVey charged with misuse of 911 emergency call sstem

Council President Frank McVey resigns following charge of 911 system

June 25, 2021 Residents filed suit to have Ordinance 2021-14 vacated.
November 23, 2021

 After Frank McVey resigned from the Town Council, the Republicans selected Mark Lutz to replace him.  Mark Lutz was also a supporter of the warehouse on the Peron Howard Street property. 

Another attempt at passwing a warehouse ordinance occurred toward the end of 2021 with Ordinance 2021-27.  This first reading of this ordinance passed with the following votes by Council:

Yes Votes in favor of a warehouse

  • Robert Fulper
  • Makr Lutz
  • Randy Piazza Jr.
  • Danielle DeGerolamo

No Vote

  • Harry Wyant

After passing on a second reading on December 20, 2021, Mayor Tersigni vetoed Ordinance 2021-27.  Because Council realized that there would not be the necessary votes to override a veto, Ordinance 2021-27 was not enacted.

 

December 20, 2021

A second reading for warehouse Ordinance 2021-27.  This ordinance passed on second reading.

"Yes" votes for the warehoue ordianance:

  • Robert Fulper
  • Randy Piazza Jr.
  • Mark Lutz

"No" votes for the warhouse ordinance

  • Harry Wyant
  • Danielle DeGerolamo

After the second reading of Ordinance 2021-27 and the passing of the ordinance by a 3 to 2 vote, the ordinance was vetoed by Mayor Tersigni and Council could not override the veto.  Hence, Ordinance 2021-27 did not go into effect.

Additionally, simultaneously while the passage of Ordinance 2021-27 was being conducted, the Consistancy Plan for the foundation was being voted on in a Land Use Board meeting.

August 16, 2022

Rob DeBeer from Peron gave a presentation to Council. Rob DeBeer claimed that footprint reduces and will allow two spurs from railroad. 65 foot height, refrigerated cold storage.

Council approved a resolution on the fly, Resolution 2022-91, directing the Phillipsburg Planning Board to Prepare an Amemdment to the Riverfront Developmwnt Plan in Order to Permit 65 foot building Height in District 5 (aka Peron Howard Street property)

Votes in favor:

  • Harry Wyant
  • Lee Clark
  • Keith Kennedy
  • Pete Marin
  • Randy Piazza Jr.

We believe this design pitch was just a ploy to metion using rail for the pupose of getting some members of Council to vote ro the new plan, and to short circuit the lawsuit that was still in pogress against Ordinance 2021-14.

September 6, 2022

Randy Piazza Jr. introduced a warehouse ordinance in the New Business section of the Town Council Meeting, The ordinance rezones the Peron Howard Street property from Riverside Residential to Indusrial.  The ordinance specifies the warehoust can be 65 feet instead of 55 feet.  The ordinance discusses a rail connection.

The ordinance did not have an ordinance number in the minutes, but I think it became Ordinnce 2022-30.

The ordinance introduce by Randy Piazza Jr. did not pass.

Votes were:

Ayes: Marino, Piazza Jr.

Nays: None

Abstain: Clark, Kennedy, Wyant (voiced conflict)

September 20, 2022

Mike Perrucci – Washington Lane, Bethlehem, PA

(From Town Council minutes) Noted, in speaking to Engineer Tim O’Brien, just a hearing is scheduled regarding Howard Street at Planning Board Meeting. Requesting Ordinance introduced by Cnclman Piazza be considered for October 4 TC Meeting for 1st Rdg introduction. Continued, then get Planning Board recommendation between 1st and 2nd Rdg.

Land Use Board Approvial after first reading of ordinance?

October 18, 2022

First reading of a new warehouse ordinance, Ordinance 2022-30, changing the height of a permissible warehouse from 55 to 65 feet.  The warehoue ordinance passed.

Yes vote:

  • Piazza Jr.
  • Marino
  • Kennedy

No vote:

  • Lee Clark

Abstain

  • Harry Wyant (owns property within 200 feet from property on the site plan)
November 1, 2022

Second reading of a new warehouse ordinance, Ordinance 2022-30, changing the height of a permissible warehouse from 55 to 65 feet.  The warehoue ordinance passed.

Yes vote:

  • Piazza Jr.
  • Marino
  • Kennedy

No vote:

  • Lee Clark

Abstain

  • Harry Wyant (owns property within 200 feet from property on the site plan)

Mayor Tersigni signed the ordinance.

December 23, 2022 Residents filed a lawsuit against warehouse Ordinance 2022-30.
June 17, 2022 Residents won the lawsuit against warehouse Ordinance 2022-30