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Board of Commissioners - Board of Commissioners Meeting

Regular Meeting

Union City, NJ · April 15, 2014

AgendaMinutes

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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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.) 22 23 24 25 61 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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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