Board of Commissioners - Board of Commissioners Meeting
Regular MeetingUnion City, NJ · April 15, 2014
Minutes
CITY OF UNION CITY
HUDSON COUNTY, NEW JERSEY
BOARD OF COMMISSIONERS
:
: TRANSCRIPT OF RECORDED
REGULAR MEETING :
_ : PROCEEDINGS
William V. Musto
Cultural Center
420 15th Street
Union City, New Jersey
April 15, 2014
Commencing at 7:00 p.m.
M E M B E R S P R E S E N T:
BRIAN P. STACK, MAYOR
LUCIO P. FERNANDEZ, COMMISSIONER
MARYURY A. MARTINETTI, COMMISSIONER
CELIN VALDIVIA, COMMISSIONER
TILO E. RIVAS, COMMISSIONER
M E M B E R S A B S E N T:
A L S O P R E S E N T:
DOMINICK CANTATORE, ACTING CITY CLERK
SCARINCI HOLLENBECK
BY: CHRISTINE M. VANEK, ESQ.
Corporation Counsel
SUSAN COLDITZ, Chief Financial Officer
2
I N D E X
PAGE
CALL TO ORDER 3
SALUTE TO FLAG 3
ROLL CALL 4
APPROVAL OF MINUTES 4
ORDINANCES FOR INTRODUCTION 6,8
CONSENT AGENDA 11
REGULAR AGENDA 18,19,
21
OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 23
LIQUOR LICENSE TRANSFER HEARINGS 26,45
DISCUSSION ON BEST PRACTICES WORKSHEET 54
LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 59
ADJOURNMENT 60
3
1 ACTING CITY CLERK: Okay.
2 This is a Regular Public Meeting of the
3 Union City Board of Commissioners, being held on
4 Tuesday, April 15th, 2014, seven p.m., at the
5 William V. Musto Cultural Center, 420 15 th Street,
6 Union City, New Jersey.
7 Will all please rise for the Pledge of
8 Allegiance?
9
10 (Whereupon, the Pledge of Allegiance was
11 said by all.)
12
13 ACTING CITY CLERK: This meeting has been
14 called in accordance with Chapter 231, Public Law
15 of 1975, the Open Public Meeting Act. Adequate
16 notice of this meeting has been provided as
17 follows:
18 Notice of this meeting setting forth the
19 time, the date, location of the agenda, to the
20 extent known, was forwarded to The Jersey
21 Journal, The Record and The Hudson Reporter, has
22 been posted on the bulletin board in City Hall
23 and has been made available to the public in the
24 office of Municipal Clerk.
25
4
1 ROLL CALL:
2
3 ACTING CITY CLERK: Roll call.
4 Commissioner Fernandez?
5 MAYOR STACK: He’s here; he just stepped up
6 to get something real quick upstairs.
7 ACTING CITY CLERK: Commissioner Rivas?
8 COMMISSIONER RIVAS: Here.
9 ACTING CITY CLERK: Commissioner Valdivia?
10 COMMISSIONER VALDIVIA: Here.
11 ACTING CITY CLERK: Commissioner
12 Martinetti?
13 COMMISSIONER MARTINETTI: Here.
14 ACTING CITY CLERK: Mayor Stack?
15 MAYOR STACK: Here.
16 ACTING CITY CLERK: Should we wait for
17 Commissioner Fernandez?
18 MAYOR STACK: You could proceed. You could
19 proceed. He --
20 ACTING CITY CLERK: Okay, the first --
21 MAYOR STACK: -- should be down in a
22 moment.
23
24 APPROVAL OF PREVIOUS MEETING MINUTES OF
25 MARCH 18, 2014 AND MARCH 24, 2014:
5
1
2 ACTING CITY CLERK: The first item on the
3 agenda tonight is the approval of previous
4 meeting minutes.
5 Motion must be duly made and seconded that
6 the meeting minutes of the Board of Commissioner
7 Meeting held on March 18th and March 24th, 2014,
8 be approved and recorded.
9 Is there a motion to approve?
10 COMMISSIONER MARTINETTI: Motion.
11 MAYOR STACK: Second.
12 ACTING CITY CLERK: Motion made by --
13 MAYOR STACK: Thank you, Lucio.
14 ACTING CITY CLERK: -- Commissioner
15 Martinetti.
16
17 (Whereupon, Commissioner Fernandez returned
18 to the meeting at 7:02 p.m.)
19
20 ACTING CITY CLERK: Second by Mayor Stack.
21 Roll call.
22 Commissioner Fernandez?
23 COMMISSIONER FERNANDEZ: I’m sorry; what
24 are we approving?
25 MS. DILLON: Minutes.
6
1 MAYOR STACK: The minutes.
2 ACTING CITY CLERK: Minutes.
3 COMMISSIONER FERNANDEZ: Yes.
4 MAYOR STACK: The 18th and the 24th of
5 March, Lucio.
6 ACTING CITY CLERK: Commissioner Rivas?
7 COMMISSIONER RIVAS: Yes.
8 ACTING CITY CLERK: Commissioner Valdivia?
9 COMMISSIONER VALDIVIA: Yes.
10 ACTING CITY CLERK: Commissioner
11 Martinetti?
12 COMMISSIONER MARTINETTI: Yes.
13 ACTING CITY CLERK: Mayor Stack?
14 MAYOR STACK: Yes.
15
16 ORDINANCE(S) FOR INTRODUCTION:
17
18 1. AN ORDINANCE AMENDING SECTION 261 OF THE
19 CODE OF THE CITY OF UNION CITY ENTITLED “NOISE”
20
21 ACTING CITY CLERK: The second item is two
22 Ordinances for Introduction.
23 Ordinance for Introduction will be further
24 considered at a public meeting of the Board of
25 Commissioner to be held on May 6, 2014, at
7
1 Jefferson Elementary School, 3400 Palisade
2 Avenue, Union City, New Jersey.
3 First Ordinance Amending Section 261 of the
4 Code of the City of Union City Entitled Noise.
5 Is there a motion to introduce?
6 MAYOR STACK: I’ll introduce the motion.
7 If the Corporation Counsel could just give
8 a brief explanation of the Ordinance?
9 COMMISSIONER VALDIVIA: Second.
10 MS. VANEK: Sure, Mayor.
11 Mayor, this Ordinance would limit the hours
12 of operation of carwash facilities from eight
13 a.m. to eight p.m., seven days a week.
14 And this was promulgated in order to combat
15 some issues regarding excessive noise, honking of
16 horns, and loitering and some other conditions
17 that negatively impact the surrounding community.
18 MAYOR STACK: And the hours of operation
19 would be?
20 MS. VANEK: Eight a.m. to eight p.m.
21 MAYOR STACK: And this is in response to
22 numerous complaints we’re received from residents
23 who live in and around carwashes in the City.
24 And it’s still reasonable hours; it’s from
25 eight a.m. to eight p.m.
8
1 MS. VANEK: Correct, Mayor.
2 MAYOR STACK: And that would be Monday
3 through Sunday.
4 We have a motion and a second.
5 ACTING CITY CLERK: Was a motion by
6 Commissioner Valdivia (sic); second by Mayor
7 Stack (sic).
8 Roll call.
9 Commissioner Fernandez?
10 COMMISSIONER FERNANDEZ: Yes.
11 ACTING CITY CLERK: Commissioner Rivas?
12 COMMISSIONER RIVAS: Yes.
13 ACTING CITY CLERK: Commissioner Valdivia?
14 COMMISSIONER VALDIVIA: Yes.
15 ACTING CITY CLERK: Commissioner
16 Martinetti?
17 COMMISSIONER MARTINETTI: Yes.
18 ACTING CITY CLERK: Mayor Stack?
19 MAYOR STACK: Yes.
20
21 ORDINANCE(S) FOR INTRODUCTION:
22
23 2. ORDINANCE AUTHORIZING THE EXECUTION AND
24 IMPLEMENTATION OF SETTLEMENT AGREEMENTS RESOLVING
25 THE FORECLOSURE ACTION ASSOCIATED WITH THE ST.
9
1 MICHAEL’S MONASTERY PROPERTY AND THE ACQUISITION
2 AND SALE OF SAID PROPERTY
3
4 ACTING CITY CLERK: The second Ordinance
5 Authorizing the Execution and Implementation of
6 Settlement Agreement Resolving the Foreclosure
7 Action Associated with the Saint Michael
8 Monastery Property and the Acquisition and Sale
9 of Said Property.
10 Is there a motion to introduce?
11 MAYOR STACK: Yes. This is important for
12 the City of Union City and the residents of the
13 Saint Michael’s Monastery property at 1901 West
14 Street.
15 This has been a long time that the
16 residents there have not been given proper
17 services; from leaks to problems in the building.
18 It’s something that was started many, many
19 years ago back in the late nineties that the
20 building was built with all good intentions;
21 about 70 units of affordable housing.
22 Many have been left vacant. There’s been
23 many repair issues with this property. And the
24 City taking the property and doing what we’ve
25 done, along with the County of Hudson, there’s a
10
1 commitment to not only the residents who live in
2 the building and future residents who will live
3 there but to the residents of the entire City.
4 I’ll make a motion.
5 MS. VANEK: Mayor, for the record, we
6 recommend that Commissioner Rivas recuse from
7 this matter.
8 COMMISSIONER MARTINETTI: Motion.
9 ACTING CITY CLERK: Motion by Commissioner
10 Martinetti.
11 Second by Mayor Stack.
12 Roll call.
13 Commissioner Fernandez?
14 COMMISSIONER FERNANDEZ: Yes.
15 ACTING CITY CLERK: Commissioner Rivas;
16 recusing.
17 Commissioner Valdivia?
18 COMMISSIONER VALDIVIA: Yes.
19 ACTING CITY CLERK: Commissioner
20 Martinetti?
21 COMMISSIONER MARTINETTI: Yes.
22 ACTING CITY CLERK: Mayor Stack?
23 MAYOR STACK: Yes.
24 ACTING CITY CLERK: Does the Mayor wish to
25 take public comment at this time on the
11
1 Ordinance?
2 MS. VANEK: This is for introduction.
3 MAYOR STACK: This is for introduction.
4 ACTING CITY CLERK: This is for
5 introduction?
6 MAYOR STACK: Yeah.
7 ACTING CITY CLERK: Okay.
8 No problem.
9
10 CONSENT AGENDA:
11
12 ( 1) Resolution Approving the Payment of Claims
13 ( 2) Resolution Approving the Payment of
14 Concurring Claims
15 ( 3) Resolution Approving the City Payroll for
16 the Period of March 25, 2014 through April 7,
17 2014
18 ( 4) Resolution Approving the Library Payroll
19 for the Period of March 25, 2014 through April 7,
20 2014
21 ( 5) Resolution to Authorize Bus Shelter in the
22 City of Union City at 8th Street and Summit-
23 Southeast Corner
24 ( 6) Resolution Authorizing the City Clerk to
25 Advertise for Bids for Pools & Spray Grounds
12
1 Opening Maintenance & Closing
2 ( 7) Resolution Ratifying Execution of
3 Memorandum of Understanding with the State of New
4 Jersey, Director of the Division of Local
5 Government Services for Transitional Aid
6 ( 8) Resolution Ratifying the Submission of an
7 Application for Federally Forfeited Assets
8 ( 9) Resolution to Authorize Execution of
9 Quitclaim Deed for 1306-08 New York Avenue, Block
10 63, Lot 27
11 (10) Resolution Authorizing the Award of
12 Contracts for Baseball Equipment & Uniforms -
13 2014 to Stan’s Sports Center, Inc. & BSN
14 Sports/US Games
15 (11) Resolution Authorizing the Refund of
16 Premium Monies Collected at the Tax Sale
17 (12) Resolution Authorizing Refund of Redemption
18 Monies to Outside Lienholders
19 (13) Resolution Authorizing the Refund of a Tax
20 Appeal Issued by the Tax Court of New Jersey
21 (14) Any other matter of City business that may
22 arise
23
24 ACTING CITY CLERK: The next -- the third
25 item on the agenda is Consent Agenda.
13
1 Item 1 is Resolution Approving the Payments
2 of Claims.
3 Item 2.
4 Resolution Approving the Payments of
5 Concurring Claims.
6 Item 3 is Resolution Approving the City
7 Payroll for the Period of March 25th, 2014 through
8 April 7, 2014.
9 Item 4.
10 Resolution Approving the Library Payroll
11 for the Period of March 25th, 2014 through April
12 7, 2014.
13 Item 5th -- item 5.
14 Resolution Authorizing Bus Shelter in the
15 City of Union City at 8th Street and Summit-
16 Southeast Corner.
17 Item 6.
18 Resolution Authorizing the City Clerk to
19 Advertise for Bids for Pools and Spray Grounds
20 Opening Maintenance and Closing.
21 Item 7.
22 Resolution Rectifying Execution of
23 Memorandum of Understanding with the State of New
24 Jersey, Director of the Division of Local
25 Government Services for Transitional Aid.
14
1 Item 8.
2 Resolution Rectifying the Submission of an
3 Application for Federally Forfeited Assets.
4 Item 9.
5 Resolution to Authorize Execution of
6 Quitclaim Deed for 1306-08 New York Avenue, Block
7 63, Lot 27.
8 Item 10.
9 Resolution Authorizing the Award of
10 Contract for Baseball Equipment and Uniform,
11 2014, to Stan’s Sports Center, Incorporated and
12 BSN Sports/US Games.
13 Item 11.
14 Resolution Authorizing the Refund of
15 Premium Money Collected at Tax Sale.
16 Item 12.
17 Resolution Authorizing Refund of Redemption
18 Money to Outside Lienholders.
19 Item 13.
20 Resolution Authorizing the Refund of a Tax
21 Appeal Issued by the Tax Court of New Jersey.
22 Does the Mayor wish to take public comment?
23 MAYOR STACK: Anyone wishing to comment on
24 the Consent Agenda, please step forward, just
25 state your name and address for the record.
15
1 You could stand right over here.
2 MS. DILLON: Right here.
3 MR. PRICE: Larry Price, 1006 Palisade
4 Avenue.
5 Could I ask about item number 7 there, the
6 transitional aid?
7 MAYOR STACK: Sure.
8 MR. PRICE: That’s the 18 million dollars?
9 MAYOR STACK: Yes.
10 MR. PRICE: What’s -- what’s the -- why do
11 we need a Resolution?
12 I’ll -- they’re gonna give us the money.
13 MAYOR STACK: It’s something that the State
14 of New Jersey requires.
15 MR. PRICE: That we have to ask?
16 MAYOR STACK: Exactly.
17 MR. PRICE: And they give it to us?
18 MAYOR STACK: And it’s an MOU. It’s a
19 memorandum of understanding.
20 MR. PRICE: What’s in the memorandum of
21 understanding?
22 MAYOR STACK: Oh, it’s quite extensive.
23 I can get you a copy if you’d like.
24 MR. PRICE: Okay.
25 MAYOR STACK: Sure.
16
1 Anyone else wishing to comment on the
2 Consent Agenda?
3 That’s the items that we just mentioned.
4 Seeing no other.
5 I’ll make a motion.
6 ACTING CITY CLERK: Motion to close public
7 comment.
8 Motion made by Mayor Stack.
9 COMMISSIONER RIVAS: Second.
10 ACTING CITY CLERK: Second by Commissioner
11 Rivas.
12 Roll call.
13 Commissioner Fernandez?
14 COMMISSIONER FERNANDEZ: Yes with the
15 exception that I recuse on number 2, as it
16 pertains to Concurring Claims pertaining to the
17 Union City Redevelopment Agency.
18 Otherwise, yes.
19 ACTING CITY CLERK: Okay.
20 Commissioner Valdivia?
21 COMMISSIONER VALDIVIA: Yes.
22 ACTING CITY CLERK: Commissioner
23 Martinetti?
24 COMMISSIONER MARTINETTI: Yes.
25 ACTING CITY CLERK: Mayor Stack?
17
1 MAYOR STACK: Yes.
2 COMMISSIONER RIVAS: I vote yes.
3 ACTING CITY CLERK: And Commissioner Rivas.
4 Commissioner Fernandez recusing for item
5 number 2.
6 COMMISSIONER FERNANDEZ: Only as it
7 pertains to Redevelopment, okay?
8 ACTING CITY CLERK: Is there a motion to
9 approve all items on the Consent Agenda?
10 MAYOR STACK: Motion.
11 ACTING CITY CLERK: Motion made by Mayor
12 Stack.
13 COMMISSIONER RIVAS: Second.
14 ACTING CITY CLERK: Second by Commissioner
15 Rivas.
16 Roll call.
17 Commissioner Fernandez?
18 COMMISSIONER FERNANDEZ: Once again I
19 recuse from number 2, --
20 ACTING CITY CLERK: Number 2.
21 COMMISSIONER FERNANDEZ: -- as it pertains
22 to Concurring Claims, as it pertains to the Union
23 City Redevelopment Agency.
24 Otherwise, yes.
25 ACTING CITY CLERK: Okay.
18
1 Commissioner Valdivia?
2 COMMISSIONER VALDIVIA: Yes.
3 ACTING CITY CLERK: Commissioner
4 Martinetti?
5 COMMISSIONER MARTINETTI: Yes.
6 ACTING CITY CLERK: Mayor Stack?
7 MAYOR STACK: Yes.
8 COMMISSIONER RIVAS: And I vote yes.
9 ACTING CITY CLERK: And Commissioner Rivas
10 vote yes. Yes.
11
12 REGULAR AGENDA:
13
14 1. Resolution Approving the Redevelopment
15 Agency Payroll for the Period of March 25, 2014
16 through April 7, 2014
17
18 ACTING CITY CLERK: The fourth item on the
19 agenda is the Regular Agenda. There are three
20 items on the Regular Agenda.
21 The first one is a Resolution Approving the
22 Redevelopment Agency Payroll for the Period of
23 March 25th, 2014 through April 7, 2014.
24 MS. VANEK: Mayor, for the record, we
25 recommend that Commissioner Fernandez recuse from
19
1 this item.
2 MAYOR STACK: I’ll move it.
3 COMMISSIONER MARTINETTI: Second.
4 ACTING CITY CLERK: Commissioner -- okay,
5 motion made. Okay.
6 Motion to approve item 1?
7 Okay, I’m sorry.
8 Motion --
9 Okay, roll call.
10 Commissioner Fernandez is recusing.
11 Commissioner Rivas?
12 COMMISSIONER RIVAS: Yes.
13 ACTING CITY CLERK: Commissioner Valdivia?
14 COMMISSIONER VALDIVIA: Yes.
15 ACTING CITY CLERK: Commissioner
16 Martinetti?
17 COMMISSIONER MARTINETTI: Yes.
18 ACTING CITY CLERK: Mayor Stack?
19 MAYOR STACK: Yes.
20
21 REGULAR AGENDA:
22
23 2. Resolution of the Board of Commissioners of
24 the City of Union City Granting the Person to
25 Person Transfers of Liquor License
20
1 #0910-44-026-011 to Radhe Krishna Corp. II,
2 located at 4625 Broadway
3
4 ACTING CITY CLERK: Item two is a
5 Resolution of the Board of Commissioners of the
6 City of Union City Granting the Person to Person
7 Transfer of Liquor License number 0910-44-026-011
8 to Radhe Krishna Corp. II, located at 4625
9 Broadway.
10 MS. VANEK: Mayor, for the record we
11 recommend that Commissioner Martinetti recuse
12 from this item.
13 MAYOR STACK: Again this is a person to
14 person transfer at 4625 Broadway.
15 I’ll make a motion to approve.
16 COMMISSIONER VALDIVIA: Second.
17 ACTING CITY CLERK: Motion made by Mayor
18 Stack.
19 Second by Commissioner Valdivia.
20 Roll call.
21 Commissioner Fernandez?
22 COMMISSIONER FERNANDEZ: Yes.
23 ACTING CITY CLERK: Commissioner Rivas?
24 COMMISSIONER RIVAS: Yes.
25 ACTING CITY CLERK: Commissioner Valdivia?
21
1 COMMISSIONER VALDIVIA: Yes.
2 ACTING CITY CLERK: Commissioner
3 Martinetti’s recusing.
4 Mayor Stack?
5 MAYOR STACK: Yes.
6
7 REGULAR AGENDA:
8
9 3. Resolution to Authorize Memorandum of
10 Understanding for Maintenance of Pedestrian
11 Bridge at 32nd Street John F. Kennedy Boulevard
12
13 ACTING CITY CLERK: Item three is a
14 Resolution to Authorize Memorandum of
15 Understanding for Maintenance of Pedestrian
16 Bridge at 32nd Street/John F. K. Boulevard.
17 MS. VANEK: Mayor, for the record, we
18 recommend that Commissioners Martinetti and Rivas
19 recuse from this item.
20 MAYOR STACK: This is a memorandum of
21 understanding on the new bridge that was built --
22 the pedestrian bridge, on 32nd and Kennedy, that
23 the City of Union City will maintain it.
24 Although we didn’t build it, both myself and
25 primarily and Commissioner Rivas -- also,
22
1 Freeholder Rivas, advocate very strongly to have
2 that bridge built due to the number of accidents
3 and making it safer for pedestrians.
4 We’re very proud of the fact and I’m very
5 proud of the fact that Commissioner/Freeholder
6 Rivas was able to get that done. It’s very
7 important to the entire roadway of Kennedy
8 Boulevard that residents now can use the elevator
9 or walk up the stairway and use the pedestrian
10 bridge safely.
11 We felt we would take responsibility from
12 the County of maintaining it; it’s right in Union
13 City, although we share it with North Bergen.
14 That’s cameras on that bridge that Union City
15 Police monitor. We also will maintain it by
16 cleaning it every day, keeping it free of
17 graffiti. Similar to what we do with everything
18 else in Union City -- our parks, we would take
19 this part of what we do every day.
20 We’re thankful to the County for dedicating
21 the funds and the federal and state funds to this
22 project to get it built. We felt it was only
23 fair that we maintain it.
24 ACTING CITY CLERK: Is there a motion?
25 MAYOR STACK: I’ll move it.
23
1 ACTING CITY CLERK: Motion by Mayor Stack.
2 COMMISSIONER FERNANDEZ: Second.
3 ACTING CITY CLERK: Second by Commissioner
4 Fernandez.
5 Roll call.
6 Commissioner Fernandez?
7 COMMISSIONER FERNANDEZ: Yes.
8 ACTING CITY CLERK: Commissioner Rivas;
9 recusing.
10 Commissioner Valdivia?
11 COMMISSIONER VALDIVIA: Yes.
12 ACTING CITY CLERK: Commissioner
13 Martinetti; recusing.
14 Mayor Stack?
15 MAYOR STACK: Yes.
16
17 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD:
18
19 ACTING CITY CLERK: Mayor would like to
20 take public comment at this time?
21 MAYOR STACK: Sure.
22 We have other items on the agenda; we still
23 have Liquor License Transfers, which we’ll hear
24 residents or anyone on them.
25 We also have Discussion of Best Practices.
24
1 But at this time, on any matter, would
2 anyone like to address the Board at this time?
3 Okay, seeing none.
4 I would just like to thank everyone who’s
5 here this evening. The Commissioners and myself,
6 -- and we still have more of the meeting to go
7 but just a public comment I’d like to make.
8 I’d like to thank those residents who come
9 out to the meeting. I’d like to thank the
10 Commissioners for moving not one meeting around
11 the City, or ten; a hundred percent of our
12 Commission meetings get moved throughout the
13 community.
14 I don’t think there’s many other
15 municipalities in Hudson, never mind in the
16 entire state of New Jersey that move a hundred
17 percent of their meetings around and hold them in
18 the evening and notify the public through mail,
19 through flyers that notify them.
20 Although we don’t really ever get any
21 credit in newspapers for that stuff, that’s why
22 we do a lot of our own direct mail. Because you
23 can’t really count on the papers to point that
24 out; only the negative gets pointed out, as most
25 of you know.
25
1 So I’d like to thank everyone for being
2 here this evening.
3 Being that there’s no further public
4 comment, we’ll close.
5 ACTING CITY CLERK: Motion to close.
6 COMMISSIONER FERNANDEZ: Second.
7 ACTING CITY CLERK: Motion made by Mayor
8 Stack.
9 COMMISSIONER FERNANDEZ: Second.
10 ACTING CITY CLERK: Second by Commissioner
11 Fernandez.
12 Roll call.
13 Commissioner Fernandez?
14 COMMISSIONER FERNANDEZ: Yes.
15 ACTING CITY CLERK: Commissioner Rivas?
16 COMMISSIONER RIVAS: Yes.
17 ACTING CITY CLERK: Commissioner Valdivia?
18 COMMISSIONER VALDIVIA: Yes.
19 ACTING CITY CLERK: Commissioner
20 Martinetti?
21 COMMISSIONER MARTINETTI: Yes.
22 ACTING CITY CLERK: Mayor Stack?
23 MAYOR STACK: Yes.
24 ACTING CITY CLERK: Okay.
25
26
1 LIQUOR LICENSE TRANSFER HEARING:
2
3 APPLICATION FOR PLACE TO PLACE TRANSFER OF
4 INACTIVE LIQUOR LICENSE NO. 0910-43-131-002 OWNED
5 BY ARMANDO DIAZ TO BE TRANSFERRED TO 3600 NEW
6 YORK AVENUE (DAISY DELI GROCERY)
7
8 ACTING CITY CLERK: The next item is a
9 Liquor License Transfer Hearing.
10 The first hearing is an Application for a
11 Place to Place Transfer of Inactive Liquor
12 License number 0910-32-171-007 owned by Hare Om,
13 Inc. to be transferred to Yunaris Liquors and
14 Nisha Patel, located 2196 (sic) John F. K.
15 Boulevard.
16 MS. VANEK: Mr. Clerk, I think we’re going
17 to do the transfer at 3600 New York Avenue first.
18 ACTING CITY CLERK: Okay.
19 MR. DIAZ: Good evening, Board members.
20 Luis Diaz on the transfer.
21 MS. VANEK: Okay.
22 MAYOR STACK: This is on 3600 New York
23 Avenue.
24 MR. DIAZ: On the corner right there.
25 MS. VANEK: This is an Application for a
27
1 Place to Place Transfer of Inactive Liquor
2 License 0910-43-131-002, owned by Armando Diaz to
3 be Transferred to 3600 New York Avenue, Daisy
4 Deli Grocery.
5 And I believe the Clerk has received an
6 objection from the --
7 ACTING CITY CLERK: Yes.
8 MS. VANEK: -- Union City Police Department
9 on this one.
10 ACTING CITY CLERK: I do. Would you like
11 me to read it?
12 MAYOR STACK: Please.
13 ACTING CITY CLERK: Okay. One second.
14 Okay, the letter says:
15 Recently, an application was made to the
16 Board of Alcoholic Beverage Control of the City
17 of Union City, New Jersey, for a person to person
18 and place to place transfer of limited retail
19 distribution Liquor License number
20 0910-43-131-002. This license is inactive
21 license that is currently owned by Armando Diaz.
22 If pending application were to be approved,
23 the ownership of the license will be transferred
24 to Yeysi Robles and will -- and will and be
25 utilized as a limited distribution license at the
28
1 Daisy Deli Grocery, 3600 New York Avenue.
2 The 3600 block of New York Avenue and
3 surrounding areas is currently zoned as
4 residential/commercial. At the current time,
5 there -- there exists a liquor license
6 establishment across the street located at 3605
7 New York Avenue, currently trading as The Uno
8 Bar.
9 Within a one block radius of the Daisy Deli
10 Grocery there’s several locations which could
11 potentially be effected by the proposed transfer,
12 especially the Saint John’s Lutheran Church
13 located at the southwest corner of 36 th Street and
14 Palisade Avenue. As well as the 2 nd Home Senior
15 Center located at 3610 Palisade Avenue. In
16 addition, there are two grammar schools within
17 two blocks of the Daisy Deli Grocery, which
18 include Jefferson School on 35 th and Palisade
19 Avenue and Washington School, located on 39 and
20 New York Avenue.
21 With that being said, it would -- it would
22 appear that the transfer of the aforementioned
23 limited retail distribution license could
24 negatively impact the residents of the community
25 and disturb the tranquility of the residents have
29
1 become accustomed to.
2 While we certainly understand Daisy Deli
3 Grocery desire for a limited retail distribution
4 license, we don’t believe that it is in the best
5 interest of the community and the area resident.
6 Therefore, the Union City Police Department
7 oppose the place to place transfer of the
8 aforementioned plenary retail consumption Liquor
9 License number 0910-43-131-002.
10 Signed by Richard Molinari, Chief of
11 Police.
12 MR. DIAZ: If I may address the -- the
13 objection of the Police Department.
14 Pursuant to ABC Regulations, there is a 200
15 foot requirement of prevention from any school or
16 church. The closest church that I understand was
17 addressed to is over 300 feet away.
18 The liquor license that is being
19 transferred is a 33 license. It’s a warm beer
20 license; completely different from the
21 establishment that was mentioned across the
22 street. This warm beer license cannot be sold by
23 unit; must be sold at a limit of six packs.
24 So it’s not the type of license that will
25 cater to abuse from anyone but a service to -- to
30
1 the community. There is no nearby place that
2 sells liquor in the type that is being approved
3 or allowed by this license.
4 For those reasons I request that the Board
5 take exceptions to the comments of the Police
6 Department.
7 MAYOR STACK: Okay.
8 Is there anyone -- is there anyone here for
9 or against this license being placed at 3600 New
10 York Avenue --
11 A VOICE: Over here.
12 MAYOR STACK: -- that would like -- would
13 -- can -- anyone who’s here, if you could please
14 come up to the front and just -- just register
15 your name and your address for the record and any
16 -- and any comment you may have.
17 Is there anyone here from the Police
18 Department?
19 Lieutenant Loaces, are you prepared on this
20 application?
21 LIEUTENANT LOACES: I am, sir.
22 MAYOR STACK: If you could also just step
23 up here?
24 We’ll have the residents go first.
25 Just if you could just state your name and
31
1 address for the record.
2 MR. YUNES: Julio Yunes, 316 36th Street.
3 MAYOR STACK: And if you could just stand
4 right here, Mr. Yunes, and just -- if you could
5 just state your objection if you would like.
6 Right over here. You could --
7 MR. YUNES: Oh, I’m sorry.
8 MAYOR STACK: -- you could state it right
9 here.
10 Standing right there is perfect.
11 MR. YUNES: We don’t think this is a good
12 idea since I mean there’s childrens in the area.
13 Like the gentleman here said, it will be the only
14 store that will supply individual items of
15 alcohol means that it’s gonna be crowded all the
16 time. Mean that’s the only -- it’s like the only
17 Toys R Us in the area is gonna be full of kids
18 buying toys.
19 So we don’t think this is a good idea. We
20 have enough by having people hanging out on the
21 block; imagine with this will be worse.
22 MAYOR STACK: Are there any issues at this
23 establishment right now?
24 MR. YUNES: Yes there are.
25 MAYOR STACK: And what are they?
32
1 MR. YUNES: People hanging out on the
2 corner.
3 MAYOR STACK: You have a hangout there?
4 MR. YUNES: Yes.
5 MAYOR STACK: Okay.
6 Anyone else who would like to just state
7 their objection?
8 If you just want to state your name and
9 address and you want to state a comment, that’s
10 fine. Or --
11 MS. DILLON: Excuse me, Mayor?
12 When the public is finished could they sign
13 their name --
14 MAYOR STACK: Sure. Absolutely.
15 MS. DILLON: -- and address for me?
16 MAYOR STACK: The reason that they’re
17 asking you, just for the record, so they have it
18 in the record to make sure they have the spelling
19 of your name. That’s all.
20 MS. DILLON: Your name, ma’am?
21 MS. FERRER: Caitlin Ferrer, 318 36th
22 Street.
23 My objection is just I’ve noticed since
24 Daisy’s opened, there’s just been a lot more
25 people loitering. Not only on the corner but on
33
1 our stoops. The Franciscans across the street
2 had to start locking their back gate ‘cause
3 people were sitting there.
4 I just really wouldn’t feel safe with that
5 license being transferred there.
6 MAYOR STACK: And this is all happening
7 right now without even a liquor license being
8 there.
9 Correct?
10 MS. FERRER: Exactly.
11 MAYOR STACK: Great.
12 MS. FERRER: That’s the concern.
13 MAYOR STACK: Thank you very much.
14 MS. FERRER: Thank you.
15 MAYOR STACK: Sir?
16 MR. FERRER: Eduardo Ferrer, 318 36th
17 Street. I’m the father of the previous speaker.
18 I agree with everything she -- she said.
19 We have had some issues in according with a lot
20 of different types hanging out. And also hanging
21 out in -- in the stairs and along the front homes
22 of the Franciscans and our home there.
23 I also -- with children on the block and my
24 own children, I don’t feel safe with that.
25 Thank you.
34
1 MAYOR STACK: Thank you very much.
2 MR. SUAREZ: Rene Suarez, 320 36 th Street.
3 Like they’ve said we’ve -- we’ve had an
4 uptick and people just hanging out in the
5 neighborhood and on the block that really aren’t
6 from our neighborhood. And we’re getting a lot
7 of loitering and we’re concerned that if that
8 liquor license is -- is granted we may have worse
9 problems.
10 MAYOR STACK: Thank you very much.
11 MR. SUAREZ: Thanks.
12 MAYOR STACK: Anyone further that would
13 like to comment?
14 MR. SANCHEZ: My name is Angel (phonetic)
15 Sanchez. I don’t speak much English.
16 MAYOR STACK: No, you’re doing fine.
17 MR. SANCHEZ: In Spanish?
18 MAYOR STACK: You can say it in Spanish.
19 Sure.
20 MR. SANCHEZ: Okay.
21
22 (Whereupon, Mr. Sanchez addressed the
23 Commissioners in Spanish; Commissioner Fernandez
24 translated to English.)
25
35
th
1 COMMISSIONER FERNANDEZ: I live on 36
2 Street. The block is very quiet; one of the best
3 in Union City.
4 But we have lots of problems due to alcohol
5 and due to drugs.
6 MAYOR STACK: Just keep your voice up.
7 COMMISSIONER FERNANDEZ: We have to keep a
8 watch on the neighborhood constantly. And thanks
9 to the authorities they helped us keep it clean.
10 And that’s why we believe we had an
11 inconvenience before, we don’t want to return to
12 back to that.
13 Thank you.
14 MAYOR STACK: Thank you very much. Thank
15 you.
16 Anyone further who would like to comment on
17 this application at 3600 New York Avenue.
18 Mr. Diaz, do you have any --
19 I’m sorry. I’m sorry.
20 Lieutenant Loaces; I’m sorry.
21 LIEUTENANT LOACES: Good evening.
22 I’d like to touch basically on a few points
23 that the Chief pointed out with the transfer of
24 this license.
25 MAYOR STACK: Just if you could just keep
36
1 your voice up.
2 LIEUTENANT LOACES: Certainly.
3 I’m not going to disagree with counsel’s
4 statement earlier that it does not fall within
5 200 feet of a church or a school. That is
6 obvious.
7 Nonetheless, we feel that it’s not going to
8 help the community. We feel that it’s going to
9 negatively impact the community for several
10 reasons.
11 First and foremost, New York Avenue/36 th
12 Street, is a very busy, densely populated area;
13 high pedestrian traffic, high vehicular traffic.
14 My experiences personally with locations
15 that function as a liquor store or that sell warm
16 beer that is not to be consumed inside, that is
17 to be taken away, it causes a traffic problem.
18 The average person -- and this is just my
19 personal experience -- going to one of these
20 locations or going to a liquor store, feels the
21 -- feels that they can double park for that
22 minute or two that it takes to run inside. It’s
23 never a minute or two; it’s always five or ten
24 minutes, so that cause -- that’s going to cause a
25 traffic problem there.
37
1 Once again, it’s not within 200 feet of a
2 school. Nonetheless there are schools in the
3 area. We have two grammar schools within one
4 block north of the location -- actually two
5 blocks north of the location, roughly, and a
6 block just east and one block south. Two grammar
7 schools.
8 So these children -- if this is a
9 grocery/deli -- I’m not familiar -- too familiar
10 with the establishment as far as what they sell
11 but if it is a typical deli/grocery store, I’m
12 sure it’s visited by children after school, maybe
13 during lunch. So these children are going to be
14 exposed even at an earlier age to alcoholic
15 beverages, which I don’t think is a necessity. I
16 think we can do without it.
17 I think if anything we should expose
18 children at a later age, not younger. And I
19 think that’s not good.
20 Also, to touch quickly on what the folks
21 that went before me stated as far as the groups
22 are concerned, whether the groups are there or
23 not, obviously alcohol does not play a role at
24 this point. The groups are there for what other
25 reason.
38
1 I think if we add alcohol to the mix, it’s
2 only going to increase -- I’m sorry -- their
3 concerns and their feelings about these groups
4 that are there.
5 So, based on that reason and the Chief’s
6 opposition on behalf of the Union City Police
7 Department, I have to strongly respectfully
8 oppose the transfer of this license.
9 MAYOR STACK: Thank you, Lieutenant.
10 LIEUTENANT LOACES: Thank you, sir.
11 MAYOR STACK: Mr. Diaz?
12 MR. DIAZ: With regard to the school the
13 Detective mentioned, --
14 MS. DILLON: One step closer, --
15 MR. DIAZ: Yes.
16 MS. DILLON: -- Mr. Diaz, please?
17 MS. VANEK: Just by the box, sir.
18 MAYOR STACK: Just if you could stand a
19 little closer.
20 MR. DIAZ: Sure.
21 That school is over 500 feet away.
22 I believe the problem, if there is any, has
23 to do with the mentioned Franciscan services that
24 are being provided; not with this establishment.
25 I think that it would be unfair --
39
1 And the applicant is here, along with the
2 -- the transferor and the transferee, both of
3 them.
4 I think it would be unfair for them to be
5 blamed with the problems that a third entity
6 creates; completely unfair.
7 You have the applicant here who’s a single
8 mother trying to go through and grace her family.
9 She’s been in that establishment for five years.
10 You have the transferor, also a senior
11 citizen. The license is a pocket license. It’s
12 inactive at this time.
13 I think it would be greatly unfair to -- to
14 have this being opposed and not be allowed.
15 MAYOR STACK: And just for the record, you
16 represent?
17 MR. DIAZ: The transferee.
18 MAYOR STACK: The transferee. Okay, I got
19 it. Okay.
20 MR. DIAZ: Who is here sitting on the third
21 row --
22 MAYOR STACK: Okay.
23 MR. DIAZ: And you have the transferor
24 right next to her on -- on her right side.
25 MAYOR STACK: I think the biggest issue
40
1 here is the residents’ concerns. I mean I’ve
2 gotten a lot of calls over the last several
3 years.
4 And I have nothing against the people who
5 own the establishment but it’s -- basically
6 what’s happening outside the establishment and
7 the complaints that are generated; plus the Uno
8 bar, which is close by, and it’s become a
9 concern.
10 I think the other issue you have is -- I
11 think the Lieutenant’s concern is pretty valid.
12 When people want to pull over, they’ll pull over
13 -- more than likely when you make the quick right
14 they’ll pull over right on that side there where
15 buses also come down. So it’s a major issue.
16 Do you have anything further, Mr. Diaz?
17 MR. DIAZ: If I might just address the last
18 comment that you made.
19 The type of license caters to a
20 neighborhood walk-by clientele, not to drive-ins.
21 There are a number of liquor stores in
22 Union City and in the neighborhood that have
23 parking and that cater to the type of buyer who
24 stops over, brings a car for the purpose of
25 bringing a box or whatever the amount is.
41
1 This is just six-packs, two-packs,
2 neighborhood-type of service that will be
3 provided to the neighbors.
4 MAYOR STACK: I mean the Commissioners also
5 I’m sure -- they could comment separately if they
6 like but the biggest concern I have is the
7 residents’ concerns in the area.
8 I’m concerned about the person, obviously,
9 who owns the business -- we’re trying to help.
10 Obviously by the work that we’ve just done on New
11 York Avenue alone, it shows our commitment to not
12 only the residents who live there but the
13 businesses that are there; with the new
14 sidewalks, the new streets, the facades that
15 we’re trying to do, everything.
16 But I’m not inclined to approve an
17 application of this sort with the concerns that
18 have been given by the residents and both the
19 Police Department and the Chief of Police.
20 If there’s nothing further?
21 MR. DIAZ: No, I have nothing further. I
22 think I have --
23 MAYOR STACK: Okay.
24 I’ll make a motion to deny a transfer to
25 this establishment.
42
1 MS. VANEK: Mayor, before we vote, I just
2 want to clarify one item.
3 Mr. Diaz, this is a person to person and
4 place to place transfer application?
5 MR. DIAZ: Correct. Correct.
6 MS. VANEK: Okay. And --
7 MR. DIAZ: It’s a pocket license, so
8 obviously it’s at no place at this point but it’s
9 inactive.
10 MS. VANEK: Okay.
11 And could you just state the names of the
12 transferor and transferee on the record -- the
13 proposed --
14 MR. DIAZ: The transferor is Armando Diaz.
15 The transferee is Jessie (phonetic) Robles.
16 Actually, it’s not Jessie. Yeysi Robles.
17 MS. VANEK: Okay.
18 MS. DILLON: Can you spell that for me?
19 MR. DIAZ: Y-E-S- (sic) --
20 LIEUTENANT LOACES: Y-E-Y-S-I.
21 MR. DIAZ: Correct.
22 MS. VANEK: Okay.
23 And just for the record, has Miss Robles
24 ever run a liquor establishment before?
25 MR. DIAZ: No she has not.
43
1 MS. VANEK: Okay.
2 MAYOR STACK: You have a motion, Dominick.
3 ACTING CITY CLERK: Okay, motion declined
4 by Mayor Stack.
5 COMMISSIONER RIVAS: Second.
6 ACTING CITY CLERK: Second by Commissioner
7 Rivas.
8 Roll call.
9 Commissioner Fernandez?
10 COMMISSIONER FERNANDEZ: Yes.
11 ACTING CITY CLERK: Commissioner Rivas?
12 COMMISSIONER RIVAS: Yes.
13 ACTING CITY CLERK: Commissioner Valdivia?
14 COMMISSIONER VALDIVIA: Yes.
15 ACTING CITY CLERK: Commissioner
16 Martinetti?
17 COMMISSIONER MARTINETTI: I’m recusing.
18 ACTING CITY CLERK: Commissioner
19 Martinetti; recusing.
20 Mayor Stack?
21 MAYOR STACK: Yes.
22 COMMISSIONER RIVAS: Yes.
23 MR. DIAZ: Very good.
24 Thank you very much.
25 MAYOR STACK: Thank you.
44
1 ACTING CITY CLERK: The next --
2 MR. DIAZ: Have a good night.
3 MAYOR STACK: Thank you.
4 ACTING CITY CLERK: Thank you.
5 MAYOR STACK: Thank you very much.
6 ACTING CITY CLERK: Thank you.
7 MAYOR STACK: Thank you to the residents.
8 Thank you very much for coming here this evening.
9 Thank you, everyone.
10 Have a good evening.
11 Thank you.
12 Thank you, Lieutenant.
13
14 * * *
15
16
17
18
19
20
21
22
23
24
25
45
1 LIQUOR LICENSE TRANSFER HEARING:
2
3 APPLICATION FOR A PLACE TO PLACE TRANSFER
4 OF INACTIVE LIQUOR LICENSE NO. 0910-32-171-007
5 OWNED BY HARE OM, INC. TO BE TRANSFERRED TO
6 YUNARIS LIQUORS AND NISHA PATEL, LOCATED 3196
7 JOHN F. KENNEDY BOULEVARD
8
9 ACTING CITY CLERK: The next Liquor License
10 Transfer is an Application for a Place to Place
11 Transfer of Inactive Liquor License number
12 0910-32-171-007 Owned by Hare Om, Inc. to be
13 Transferred to Yunaris Liquors and Nisha Patel,
14 Located 3196 John F. K. Boulevard.
15 MAYOR STACK: Okay.
16 MR. SARSANO: Anthony Sarsano for the
17 applicant.
18 Mr. Mayor, members of the Board, Counsel,
19 it’s essentially exactly what the Clerk just
20 said, a transfer.
21 I have some pictures if you’d like to see
22 exactly where it is; you’re probably familiar
23 with it.
24 MAYOR STACK: Sure.
25 If you could, if you could maybe just
46
1 submit the picture for the Board to take a look
2 at.
3 MR. SARSANO: Okay. I’ve got them right
4 here.
5 MAYOR STACK: That would be fine.
6 MR. SARSANO: I got them right here.
7 MAYOR STACK: Sure.
8 MR. SARSANO: Down this way?
9 MAYOR STACK: Sure.
10 (Whereupon, there was a pause in the
11 proceedings.)
12 MAYOR STACK: Okay.
13 How long has your client owned the liquor
14 license?
15 If you could stand just closer to this, Mr.
16 Sarsano?
17 MR. SARSANO: Yeah.
18 Can I just bring them up --
19 MAYOR STACK: How long have they -- have
20 they been in the business for many years?
21 MR. SARSANO: Yes.
22 MAYOR STACK: If you could just maybe come
23 up and testify --
24 MR. SARSANO: Yes.
25 MAYOR STACK: -- to that?
47
1 MR. PATEL: My name is Himanshu Patel.
2 Ten years.
3 MAYOR STACK: Ten years.
4 MR. PATEL: Yes, sir.
5 MAYOR STACK: And did you apply to move
6 this liquor license to another location prior?
7 MR. PATEL: Yeah, six months ago we tried
8 to apply to 14th Street and New York Avenue; it
9 was denied.
10 MAYOR STACK: 14th and New York.
11 MR. PATEL: They were denied; yes.
12 MAYOR STACK: Right. I remember. Okay. I
13 got it. Okay.
14 You’ve been in business ten years. And
15 you’re going to be moving it to 3196, where
16 you’re looking to move it, John F. Kennedy
17 Boulevard.
18 Right now it’s in pocket status?
19 MR. PATEL: Correct.
20 MAYOR STACK: It’s in pocket status.
21 MR. PATEL: Yes, sir.
22 MAYOR STACK: Is there anyone here on this
23 application for 3196 Kennedy Boulevard?
24 One of the good things, I think -- where
25 originally you were looking to move it, I think
48
1 it was 1400 Bergenline Avenue.
2 Right?
3 MR. PATEL: Correct.
4 MAYOR STACK: Fourteenth and Bergenline --
5 MR. PATEL: Right.
6 MAYOR STACK: -- you were looking to move
7 it to.
8 MR. PATEL: Yeah.
9 MAYOR STACK: Which was densely populated
10 and many residents came out against it.
11 I think right in this location -- and we’re
12 really without any objection this evening -- it’s
13 more of a commercial area.
14 MR. SARSANO: It is.
15 MAYOR STACK: You’re in the shopping
16 center.
17 MR. PATEL: Correct.
18 MAYOR STACK: This is the Kennedy Center
19 Shopping; the old Sears building.
20 MR. PATEL: Right.
21 MR. SARSANO: That’s right.
22 MAYOR STACK: Okay.
23 Does anyone have any objection for or
24 against this application at 3196 Kennedy
25 Boulevard?
49
1 Okay.
2 Any of the Commissioners?
3 No.
4 What will be the hours of operation?
5 MR. PATEL: I’ll be open from ten to ten.
6 MAYOR STACK: Ten to ten.
7 And will you be running the establishment?
8 MR. PATEL: Yes.
9 MAYOR STACK: It will be your family
10 running it?
11 MR. PATEL: Right.
12 MAYOR STACK: Okay.
13 MR. PATEL: On Sundays, of course, is 12 to
14 ten.
15 MAYOR STACK: Okay.
16 MR. PATEL: Sundays is 12 to ten.
17 MAYOR STACK: Twelve to ten. Okay.
18 MR. PATEL: On Sundays. Yeah.
19 MAYOR STACK: And during the week it’s ten
20 to ten?
21 MR. PATEL: Right.
22 MAYOR STACK: Okay.
23 COMMISSIONER MARTINETTI: It will be just a
24 liquor --
25 MAYOR STACK: Does the Police Department
50
1 have any comment on this application?
2 Lieutenant Loaces, if you could just step
3 forward for a moment.
4 LIEUTENANT LOACES: To be perfectly --
5 MAYOR STACK: You --
6 LIEUTENANT LOACES: -- frank, this is the
7 first time I hear of it.
8 MAYOR STACK: Okay.
9 So it hasn’t come on the radar of the
10 Police Department.
11 LIEUTENANT LOACES: Where is it going,
12 3196 --
13 MAYOR STACK: Yeah, it’s going to the --
14 I just had a picture in front of me.
15 MR. SARSANO: Kennedy Center.
16 MAYOR STACK: It’s going to the Kennedy
17 Center.
18 MR. SARSANO: Right --
19 LIEUTENANT LOACES: Oh. Where --
20 MR. PATEL: Right next to -- it was to
21 be --
22 LIEUTENANT LOACES: Quiznos used to be
23 there I think.
24 MR. PATEL: Right.
25 MAYOR STACK: Right.
51
1 LIEUTENANT LOACES: Yeah.
2 MR. PATEL: Right. Quiznos --
3 MAYOR STACK: It’s a non-residential area.
4 That’s what we were looking at.
5 MS. VANEK: Mayor, the application was
6 forwarded to the Chief of Police and he did not
7 have an object to this location.
8 MAYOR STACK: Great. Okay.
9 Any Commissioner have any comment at this
10 time?
11 COMMISSIONER MARTINETTI: I just have a
12 question.
13 MR. PATEL: Yes.
14 COMMISSIONER MARTINETTI: Is this going to
15 be a liquor establishment or a grocery --
16 MR. PATEL: No, strictly --
17 COMMISSIONER MARTINETTI: Just --
18 MR. PATEL: -- liquor.
19 COMMISSIONER MARTINETTI: -- liquor store.
20 MR. PATEL: Liquor store.
21 MAYOR STACK: I just ask that you take
22 extreme precaution who you serve, make sure we’re
23 proofing; --
24 MR. PATEL: Sure.
25 MAYOR STACK: -- as you do in your other
52
1 establishment.
2 MR. PATEL: Yes.
3 MAYOR STACK: Okay.
4 I’ll make a motion to approve.
5 COMMISSIONER VALDIVIA: I’ll second.
6 ACTING CITY CLERK: Motion made by Mayor
7 Stack.
8 Second; Commissioner Valdivia.
9 Roll call.
10 Commissioner Fernandez?
11 COMMISSIONER FERNANDEZ: Yes.
12 ACTING CITY CLERK: Commissioner Rivas?
13 COMMISSIONER RIVAS: Yes.
14 ACTING CITY CLERK: Commissioner Valdivia?
15 COMMISSIONER VALDIVIA: Yes.
16 ACTING CITY CLERK: Commissioner
17 Martinetti?
18 COMMISSIONER MARTINETTI: Yes.
19 ACTING CITY CLERK: Mayor Stack?
20 MAYOR STACK: Yes.
21 COMMISSIONER MARTINETTI: Good luck.
22 MR. SARSANO: Thank you.
23 MAYOR STACK: Thank you very much.
24 MR. SARSANO: Thank you.
25 MAYOR STACK: Good luck.
53
1 Thank you.
2 * * *
3
4
5
6
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54
1 DISCUSSION ON BEST PRACTICES WORKSHEET -
2 CY2013/SFY2014:
3
4 ACTING CITY CLERK: The next item, Mayor --
5 Mayor, the next item is the Discussion of
6 Best Practice Worksheet CY--
7 MAYOR STACK: Christine?
8 ACTING CITY CLERK: -- 2013/SFY2014.
9 MS. VANEK: Mayor, the state of New Jersey
10 requires that the Commissioners list on their
11 agenda a discussion on the Best Practices
12 Worksheet that was filled out for this fiscal
13 year.
14 The CFO is here to answer any questions
15 that the Commissioners might have.
16 MAYOR STACK: Right. Would you like to
17 come up, Sue, and just -- to maybe just briefly -
18 - not go over the entire document, but just give
19 a brief summary?
20 MS. COLDITZ: Yes.
21 Actually, it -- what it is is the State
22 requires all the municipalities, not just us, all
23 the municipalities to fill out a best practices
24 inventory. And the reason they do this is to
25 encourage the municipalities to embrace their
55
1 promotion of their financial situation
2 transparency.
3 So, really it -- what it does is it
4 requests -- approximately what 30 questions, I
5 think, --
6 MS. VANEK: About that.
7 MS. COLDITZ: -- that we answered about
8 maybe the union contract the UCEA has with the
9 City and the employees. Some internal control;
10 some policies and procedures.
11 Really, that’s --
12 MAYOR STACK: Is this requested by --
13 MS. COLDITZ: -- basically what it is.
14 MAYOR STACK: -- just towns that receive
15 special municipal aid?
16 Or is it --
17 MS. COLDITZ: No, I think all --
18 MAYOR STACK: It’s requested by all towns.
19 MS. COLDITZ: It’s just for CMPTRA. It’s
20 for --
21 MAYOR STACK: All municipal.
22 MS. COLDITZ: -- overall. Everybody’s
23 required.
24 MAYOR STACK: All municipal that receive
25 CMPTRA. Okay. Which is basically everyone in
56
1 the State.
2 MS. COLDITZ: And really it’s --
3 MAYOR STACK: Okay.
4 MS. COLDITZ: -- it’s detailed out.
5 MAYOR STACK: Anyone have any comment on
6 this at this time?
7 Larry?
8 Just if you could stand over here, Larry.
9 Just so you can --
10 MR. PRICE: How do I get a --
11 There are 30 questions and you have
12 responses --
13 MS. COLDITZ: Yes, we have responses.
14 MAYOR STACK: We’ll get you a copy.
15 MR. PRICE: -- and then you submit it to
16 the State.
17 MS. COLDITZ: Um-hum. Um-hum.
18 MR. PRICE: How do I get a copy of this?
19 MS. COLDITZ: Oh, we have a copy at the
20 office.
21 MAYOR STACK: We can give you a copy.
22 We’ll give you a copy.
23 I’ll get it to you tomorrow.
24 Sue, just get me a --
25 MR. PRICE: With the memorandum --
57
1 MS. COLDITZ: I will. I’ll get you a copy.
2 MAYOR STACK: Yeah. Just get me a copy of
3 both tomorrow.
4 MS. COLDITZ: All right. I’ll give you a
5 couple.
6 MAYOR STACK: I have my copy but --
7 MS. COLDITZ: I’ll give you a couple, --
8 MAYOR STACK: -- just give me an extra
9 copy --
10 MS. COLDITZ: -- just so you have them.
11 MAYOR STACK: -- in an envelope and I’ll
12 get it --
13 MS. COLDITZ: Okay.
14 MAYOR STACK: -- to you tomorrow.
15 MS. COLDITZ: No problem.
16 MAYOR STACK: No problem at all.
17 MS. COLDITZ: Okay?
18 MAYOR STACK: Anyone further on this
19 matter?
20 Seeing none.
21 Do we have -- we don’t have to vote on it,
22 right?
23 MS. VANEK: You don’t --
24 MS. COLDITZ: No.
25 MAYOR STACK: Just discuss it?
58
1 MS. VANEK: You don’t have to; just
2 discussion.
3 MAYOR STACK: Okay.
4 MS. COLDITZ: That’s all.
5 MAYOR STACK: Great.
6 ACTING CITY CLERK: Okay?
7 * * *
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59
1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS:
2
3 1. La Berraquera, Inc. t/a La Berraquera, 721
4 32nd Street
5 2. Mayem Corp. t/a El Trebol, 416-418 43rd
6 Street
7 3. La Jor Per Corp. t/a California Café, 2002
8 Bergenline Avenue
9 4. R.G. Miranda Corp. t/a El Cuco, 516 Kennedy
10 Boulevard
11 5. S and R Akshar LLC t/a Good Tim Liquors,
12 1314 New York Avenue
13
14 ACTING CITY CLERK: So the next we have a
15 Liquor License Disciplinary Proceeding.
16 This --
17 MAYOR STACK: Do we have any this evening?
18 MS. VANEK: No, no. These were all put off
19 until --
20 MAYOR STACK: These were adjourned.
21 MS. VANEK: -- the next meeting, --
22 ACTING CITY CLERK: Oh, they were?
23 MS. VANEK: -- which is May 6th, I believe.
24 ACTING CITY CLERK: Okay.
25 MAYOR STACK: Okay.
60
1 * * *
2
3 ADJOURNMENT:
4
5 COMMISSIONER RIVAS: Motion to adjourn.
6 ACTING CITY CLERK: Okay, so there’s no
7 other item on the agenda for this evening.
8 Is there a motion to adjourn?
9 MAYOR STACK: Motion.
10 COMMISSIONER MARTINETTI: Motion.
11 ACTING CITY CLERK: All in favor?
12
13 (Whereupon, there was a chorus of ayes.)
14
15 ACTING CITY CLERK: Okay.
16 MAYOR STACK: Thank you very much everyone.
17 ACTING CITY CLERK: Meeting’s over.
18 MAYOR STACK: Have a good evening.
19
20 (Whereupon, the proceedings were concluded
21 at 7:35 p.m.)
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1 ________________________ Brian P. Stack
2 ________________________ Lucio P. Fernandez
3 ________________________ Maryury A. Martinetti
4 ________________________ Celin Valdivia
5 ________________________ Tilo E. Rivas
6 Board of Commissioners
7
8 Attest:
9 Dominick Cantatore,
10 Acting City Clerk
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1 STATE OF NEW JERSEY:
2 :
3 COUNTY OF ESSEX :
4
5 I, KAREN A. MARINO, assigned transcriber,
6 do hereby affirm that the foregoing is a true and
7 accurate transcript in the matter of the REGULAR
8 MEETING of the UNION CITY BOARD OF COMMISSIONERS,
9 held on Tuesday, April 15, 2014, and digitally
10 recorded.
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25 Monitored and Proofread by: Deborah Dillon
Agenda
CITY OF UNION CITY
County of Hudson, State of New Jersey
Board of Commissioners Meeting Agenda
REGULAR PUBLIC MEETING of the Union City Board of Commissioners being held on
Tuesday, April 15, 2014 at 7:00 p.m. at the William V. Musto Cultural Center, 420 15th Street,
Union City, New Jersey.
PLEDGE OF ALLEGIANCE
OPENING STATEMENT
This meeting has been called in accordance with Chapter 231, Public Law of 1975, the “Open
Public Meetings Act.” Adequate notice of this Meeting has been provided as follows: Notice of
this meeting setting forth the time, date, location, and the agenda, to the extent known, was
forwarded to THE JERSEY JOURNAL, THE RECORD, and THE HUDSON REPORTER, has
been posted on the bulletin board in City Hall and has been made available to the public in the
Office of the Municipal Clerk.
ROLL CALL: COMMISSIONERS FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI;
MAYOR STACK
APPROVAL OF PREVIOUS MEETING MINUTES
Motion must be duly made and seconded that the meeting minutes of the Board of
Commissioners Meeting held on March 18th and March 24th , 2014 be approved and recorded.
Motion to Approve
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT:
ORDINANCE(S) FOR INTRODUCTION
Adoption on first reading authorizes the Municipal Clerk to advertise the Ordinances with a
notice of the introduction, together with a notice of the time and place when the Ordinances will
be considered for final passage. Ordinance for introduction will be further considered at a public
meeting of the Board of Commissioners to be held May 6, 2014 at Jefferson Elementary School,
3400 Palisade Avenue, Union City, New Jersey.
1. AN ORDINANCE AMENDING SECTION 261 OF THE CODE OF THE CITY OF
UNION CITY ENTITLED “NOISE”
Motion to Introduce
Motion made by seconded by
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT:
2. ORDINANCE AUTHORIZING THE EXECUTION AND IMPLEMENTATION
OF SETTLEMENT AGREEMENTS RESOLVING THE FORECLOSURE
ACTION ASSOCIATED WITH THE ST. MICHAEL’S MONASTERY
PROPERTY AND THE ACQUISITION AND SALE OF SAID PROPERTY
Motion to Introduce
Motion made by seconded by
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT:
CONSENT AGENDA
1. Resolution Approving the Payment of Claims
2. Resolution Approving the Payment of Concurring Claims
3. Resolution Approving the City Payroll for the Period of March 25, 2014 through April 7,
2014
4. Resolution Approving the Library Payroll for the Period of March 25, 2014 through
April 7, 2014
5. Resolution to Authorize Bus Shelter in the City of Union City at 8th Street and Summit-
Southeast Corner.
6. Resolution Authorizing the City Clerk to Advertise for Bids for Pools & Spray Grounds
Opening Maintenance & Closing
7. Resolution Ratifying Execution of Memorandum of Understanding with the State of New
Jersey, Director of the Division of Local Government Services for Transitional Aid
8. Resolution Ratifying the Submission of an Application for Federally Forfeited Assets
9. Resolution to Authorize Execution of Quitclaim Deed for 1306-08 New York Avenue
Block 63 Lot 27
10. Resolution Authorizing the Award of Contracts for Baseball Equipment & Uniforms-
2014 to Stan’s Sports Center, Inc. & BSN Sports/US Games
11. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale
12. Resolution Authorizing Refund of Redemption Monies to Outside Lienholders
13. Resolution Authorizing the Refund of a Tax Appeal Issued by the Tax Court of New
Jersey
14. Any other matter of City business that may arise
Opportunity for Citizens to Address the Board on Consent Agenda Items
Motion to Close Public Comment
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT:
Motion to Approve All Items on the Consent Agenda:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: _____
REGULAR AGENDA
1. Resolution Approving the Redevelopment Agency Payroll for the Period of March 25,
2014 through April 7, 2014
Motion to Approve Item 1 on the Regular Agenda:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ____________
2. Resolution of the Board of Commissioners of the City of Union City Granting the Person
to Person Transfers of Liquor License #0910-44-026-011 to Radhe Krishna Corp. II,
located at 4625 Broadway.
Motion to Approve Item 2 on the Regular Agenda:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ____________
3. Resolution to Authorize Memorandum of Understanding for Maintenance of Pedestrian
Bridge at 32nd Street John F. Kennedy Boulevard
Motion to Approve Item 3 on the Regular Agenda:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ___________
OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD
Comments of each person will be limited to five minutes including all responses
Names and addresses need to be provided for the record.
Motion to Close the Public Comment Portion of the Meeting
Motion made by______________ seconded by ________________
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
LIQUOR LICENSE TRANSFER HEARING
APPLICATION FOR A PLACE TO PLACE TRANSFER ON INACTIVE
LIQUOR LICENSE No. 0910-43-131-002 OWNED BY ARMANDO DIAZ TO BE
TRANSFERRED TO 3600 NEW YORK AVENUE (DAISY DELI GROCERY)
Motion on Application:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ____________
APPLICATION FOR A PLACE TO PLACE TRANSFER OF INACTIVE
LIQUOR LICENSE No.0910-32-171-007 OWNED BY HARE OM, INC. TO BE
TRANSFERRED TO YUNARIS LIQUORS AND NISHA PATEL, LOCATED
3196 JOHN F. KENNEDY BOULEVARD
Motion on Application:
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ____________
DISCUSSION ON BEST PRACTICES WORKSHEET- CY2013/SFY2014
LIQUOR LICENSE DISCIPLINARY PROCEEDINGS –
********POSTPONED FOR THE NEXT COMMISSIONERS MEETING*******
1. La Berraquera, Inc. t/a La Berraquera, 721 32nd Street
2. Mayem Corp. t/a El Trebol, 416-418 43rd Street
3. La Jor Per Corp t/a California Café’, 2002 Bergenline Avenue
4. R. G. Miranda Corp. t/a El Cuco, 516 Kennedy Boulvard
5. S and R Akshar LLC t/a Good Time Liquors, 1314 New York Avenue
Is there a Motion to Accept/Reject?
Motion made by seconded by .
ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK
Vote on the motion: AYES: NAYS: ABSENT: ____________
ADJOURNMENT
Motion must be duly made and seconded
Motion made by______________ seconded by ________________
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