Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Jefferson Elementary School 3400 Palisade Avenue Union City, New Jersey May 6, 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: KARA A. KACZYNSKI, ESQ. BY: CHRISTINE M. VANEK, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 4 APPROVAL OF MINUTES 4 ORDINANCES FOR HEARING AND ADOPTION 5, 8 CONSENT AGENDA 27 REGULAR AGENDA 34 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 52 ADJOURNMENT 69  3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioners, being held on Tuesday, May 6th, 4 2014, at seven p.m., at the Jefferson Elementary 5 School, 3400 Palisade Avenue, Union City, New 6 Jersey. 7 Everybody 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 -- adequate notice of this meeting has 17 been provided as follows: 18 Notice of this meeting set forth time, 19 date, location on the agenda, to the extent 20 known, was forwarded to The Jersey Journal, The 21 Record and The Hudson Reporter, has been posted 22 on bulletin board in City Hall and has been made 23 available to the public in the office of 24 Municipal Clerk. 25  4 1 ROLL CALL: 2 3 ACTING CITY CLERK: Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Here. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Here. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Here. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Here. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Here. 15 16 APPROVAL OF PREVIOUS MEETING MINUTES OF 17 APRIL 1, 2014 AND APRIL 15, 2014: 18 19 ACTING CITY CLERK: First item on the 20 agenda tonight is the approval of the previous 21 meeting minutes. 22 Motion must be duly made and seconded that 23 the meeting minutes of the Board of Commissioner 24 Meeting held on April 1st and April 15, 2014, be 25 approved and recorded.  5 1 Is there a motion to approve? 2 MAYOR STACK: Motion. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 COMMISSIONER RIVAS: Second. 6 COMMISSIONER FERNANDEZ: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Rivas. 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 22 ORDINANCES FOR HEARING AND ADOPTION 23 CONSIDERATION: 24 25 1. AN ORDINANCE AMENDING SECTION 261 OF THE  6 1 CODE OF THE CITY OF UNION CITY ENTITLED “NOISE” 2 3 ACTING CITY CLERK: Second item is an 4 Ordinance for Hearing and Adoption Consideration. 5 An Ordinance Amending Section 261 of the 6 Code of the City of Union City Entitled Noise. 7 Is there a motion? 8 COMMISSIONER MARTINETTI: Motion. 9 MAYOR STACK: Second. 10 ACTING CITY CLERK: Motion made by 11 Commissioner Martinetti. 12 Second by Mayor Stack. 13 MS. VANEK: I’m sorry, Mayor. 14 We need to open it up for public comment on 15 the Ordinance. 16 MAYOR STACK: I’m sorry. I’m sorry. 17 Sorry. 18 Anyone wishing to comment on this Ordinance 19 at this time, please step forward, state your 20 name and address for the record. 21 Seeing none. 22 Motion. 23 ACTING CITY CLERK: Motion made by Mayor 24 Stack. 25 COMMISSIONER MARTINETTI: Second.  7 1 ACTING CITY CLERK: Seconded by 2 Commissioner Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 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 COMMISSIONER MARTINETTI: Motion to adopt. 16 ACTING CITY CLERK: Is there a motion to 17 adopt? 18 COMMISSIONER MARTINETTI: Motion. 19 ACTING CITY CLERK: Motion by Commissioner 20 Martinetti. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Valdivia. 24 Roll call. 25 Commissioner Fernandez?  8 1 COMMISSIONER FERNANDEZ: Yes. 2 ACTING CITY CLERK: Commissioner Rivas? 3 COMMISSIONER RIVAS: Yes. 4 ACTING CITY CLERK: Commissioner Valdivia? 5 COMMISSIONER VALDIVIA: Yes. 6 ACTING CITY CLERK: Commissioner 7 Martinetti? 8 COMMISSIONER MARTINETTI: Yes.. 9 ACTING CITY CLERK: Mayor Stack? 10 MAYOR STACK: Yes. 11 12 ORDINANCES FOR HEARING AND ADOPTION 13 CONSIDERATION: 14 15 2. ORDINANCE AUTHORIZING THE EXECUTION AND 16 IMPLEMENTATION OF SETTLEMENT AGREEMENTS RESOLVING 17 THE FORECLOSURE ACTION ASSOCIATED WITH THE ST. 18 MICHAEL’S MONASTERY PROPERTY AND THE ACQUISITION 19 AND SALE OF SAID PROPERTY 20 21 ACTING CITY CLERK: Second Ordinance is 22 Authorizing the Execution and Implementation of 23 Settlement Agreement Resolving the Foreclose 24 (sic) Action Associated with the Saint Michael 25 Monastery Property and the Acquisition and Sale  9 1 of Said Property. 2 MAYOR STACK: Anyone wishing to comment on 3 this Ordinance at this time, please step forward, 4 state your name and address for the record. 5 MS. DILLON: Over by Ms. Vanek. 6 MS. PONTUS: Where? 7 MS. DILLON: By Ms. Vanek. 8 MS. PONTUS: Kathie Pontus, 512 39 th 9 Street. I have a bunch of questions about it if 10 it’s okay? 11 Why is the City acting as a middleman in 12 the deal where we know who the true owner is 13 gonna be? 14 Why isn’t the Greater Newark Housing 15 Partnership handling this for themselves? 16 MAYOR STACK: Sure. 17 Christine? 18 MS. VANEK: Okay. 19 Mayor, we have Kara Kaczynski here from my 20 office. She’s been integrally involved in this 21 project. So I’m sure Kara can answer that 22 question for you. 23 MS. KACZYNSKI: Yes, hi. How are you? 24 MS. DILLON: Just one step closer, Ms. 25 Kaczynski.  10 1 Thank you so much. 2 MS. KACZYNSKI: Is that better? 3 MS. DILLON: That’s perfect. 4 MS. KACZYNSKI: Okay. 5 There are certain restrictions on this 6 property and there are only certain mechanisms by 7 which the City can sell the property. And the 8 Greater Newark Housing Partnership is a entity 9 that could only take title via the City in 10 connection with the Affordable Housing 11 Restrictions and also in addition to the other 12 conditions that are placed on the future use of 13 the property. 14 So that’s the reason why it has to go via 15 the City in order to resolve the foreclosure 16 action and continue the Affordable Housing 17 Restricts, et cetera on the property. 18 MS. PONTUS: Okay, well I may go over some 19 of this stuff -- 20 MS. KACZYNSKI: Sure. 21 MS. PONTUS: -- again with -- 22 MS. KACZYNSKI: Absolutely. 23 MS. PONTUS: But I want to know what City’s 24 liability during the times it owns these are, in 25 relation -- there’s money owed; from what I  11 1 understand there are taxes owed, there are a 2 mortgage, obviously, if it’s a foreclosure. 3 If we take ownership, where does that put 4 us with money that’s owed? 5 Do we then own what’s owed? 6 MS. KACZYNSKI: Mayor, would you just like 7 me to continue -- 8 MAYOR STACK: Please. Please. 9 MS. KACZYNSKI: -- answering -- 10 MAYOR STACK: Absolutely. 11 MS. KACZYNSKI: -- questions? 12 It’s anticipated that title is going to 13 pass through the City only momentarily. There’s 14 going to be a simultaneous closing on one day, so 15 it will go via the City for, again, a split 16 moment. The City will not have any continuing 17 liability. And the moment that it is then passed 18 from the City to Greater Newark, any future 19 liability will be placed on them. 20 MAYOR STACK: And Greater Newark is one 21 those recommended by HUD and from the County of 22 Hudson. 23 MS. PONTUS: I thought they were HUD -- 24 that was a HUD building to begin with. 25 MS. KACZYNSKI: Well, --  12 1 MAYOR STACK: Go ahead. 2 MS. KACZYNSKI: I’m sorry, Mayor. 3 MAYOR STACK: You can -- 4 MS. KACZYNSKI: In -- 5 MAYOR STACK: No, please. 6 MS. KACZYNSKI: In fact, it is. 7 So when I was talking about the 8 restrictions -- 9 MS. PONTUS: So, -- 10 MS. KACZYNSKI: -- that’s placed on it, -- 11 MS. PONTUS: How could we -- 12 MS. KACZYNSKI: -- the Affordability 13 Restrictions. 14 MS. PONTUS: -- owe taxes then? 15 MAYOR STACK: In lieu of. 16 MS. KACZYNSKI: There -- just because it’s 17 HUD project really just means it’s an Affordable 18 Housing Project. 19 MS. PONTUS: Uh-huh. 20 MS. KACZYNSKI: And an Affordable Housing 21 Project has certain, like I said, restrictions, 22 conditions. 23 HUD has approved Greater Newark Housing 24 Partnership already. As the new owner of the 25 property in anticipation of the hopes that the  13 1 Council and the Commissioners would approve this 2 Ordinance tonight and approve the sale of the 3 property. So, HUD’s already been involved; 4 they’ve approved, should they go forward with 5 this. And it really has nothing to do with 6 taxes; it’s a separate issue. 7 MS. PONTUS: Okay, because that what was in 8 the article, -- 9 MAYOR STACK: Yeah. 10 MS. PONTUS: -- was the tax lien. 11 MAYOR STACK: And not to cut you off -- and 12 you can continue, please, asking questions -- but 13 the main thing that we’re trying to do here is 14 protect the City’s interest, obviously, in this 15 building, protect the 70 families that call 1901 16 West Street home, -- 17 MS. PONTUS: They’re still there. 18 MAYOR STACK: Absolutely. 19 There’s probably ten vacancies or so. I’m 20 not exactly sure but the -- 21 MS. KACZYNSKI: About 12 or so. 22 MAYOR STACK: About ten, right? About ten? 23 MS. KACZYNSKI: About 12. 24 MS. PONTUS: Because probably that 25 building’s in bad shape.  14 1 MAYOR STACK: There’s water penetration 2 issues that have been going on. And we felt by 3 taking a proactive stand we protect the City 4 overall, the public overall, and the people who 5 live there. 6 MS. PONTUS: Um-hum. 7 MAYOR STACK: That’s why we’re doing this. 8 MS. PONTUS: Let me finish my notes, 9 ‘cause -- 10 MAYOR STACK: Go right ahead. 11 MS. PONTUS: -- covered them -- 12 MS. DILLON: Ms. Pontus, go a little 13 closer -- 14 MS. PONTUS: Sorry. 15 MS. DILLON: -- to the mic. 16 MAYOR STACK: Just stand -- yeah, just -- 17 MS. DILLON: Thank you. 18 MS. VANEK: Right by the black box, Kathie. 19 MS. PONTUS: We’re not going to get the 20 taxes that are owed then? 21 MS. KACZYNSKI: We’re not going to get the 22 prior taxes that are owed. However, -- 23 MS. PONTUS: What is that amount? Do you 24 know? 25 MS. KACZYNSKI: That amount is  15 1 approximately 1.5 million. 2 MS. PONTUS: Come on. 3 MS. KACZYNSKI: They have not paid -- they 4 have not paid -- but understand something, they 5 have not paid taxes from the beginning and by 6 doing this the property will then be taxed and 7 will continue to be taxed and they will pay taxes 8 on the property -- 9 MAYOR STACK: When when did the building -- 10 MS. KACZYNSKI: -- now. 11 MAYOR STACK: When was the building 12 actually -- 13 What year was that; ’98, ’99? 14 MS. KACZYNSKI: The P.I.L.O.T. was in ’98. 15 MAYOR STACK: Ninety-eight. 16 MS. KACZYNSKI: Began in ’98. So the taxes 17 will be paid as a result of this. So it’s -- 18 MS. PONTUS: So this building isn’t gonna 19 be exempt? 20 MAYOR STACK: No, there’ll be -- it’ll be 21 taxes in lieu of. 22 MS. KACZYNSKI: There will. 23 MAYOR STACK: Is that what it is? 24 MS. KACZYNSKI: Absolutely. 25 MAYOR STACK: In lieu of.  16 1 MS. PONTUS: And what is that? Is that 2 that five year -- 3 MS. KACZYNSKI: It’s a percentage. 4 MAYOR STACK: It’s a percentage, -- 5 MS. KACZYNSKI: It’s an annual service -- 6 MAYOR STACK: -- right. 7 MS. KACZYNSKI: -- charge percentage. 8 MS. PONTUS: Okay. 9 And why are we only getting a hundred 10 dollars? 11 MS. KACZYNSKI: Again, -- 12 MS. PONTUS: The article said a hundred 13 dollars. 14 MS. KACZYNSKI: Again, there are certain 15 conditions and restrictions in connection with 16 the transfer of the property pursuant to HUD and 17 pursuant to the statutory provisions that we’re 18 passing this on. 19 Understand there’s also going to be an 20 influx of about five and a half million dollars 21 back into this property. 22 MS. PONTUS: In the form of -- 23 MS. KACZYNSKI: In the form of -- 24 MS. PONTUS: -- repairs. 25 MS. KACZYNSKI: -- rehabilitation. In the  17 1 form of additional renovations to the property. 2 MS. PONTUS: But that’s not -- 3 MS. KACZYNSKI: So this is -- 4 MS. PONTUS: -- helping the City’s -- 5 MS. KACZYNSKI: Again, -- 6 MS. PONTUS: -- coffers? 7 MS. KACZYNSKI: -- it’s going back on the 8 tax roll, so it actually is. 9 MAYOR STACK: And it protects those 10 families that are living there. And protects a 11 building in the neighborhood. 12 MS. PONTUS: Especially that neighborhood. 13 That’s an overly historic area; -- 14 MAYOR STACK: Right. 15 MS. PONTUS: -- right, it includes the Blue 16 Chapel, and -- 17 MAYOR STACK: It’s right next to the old 18 Saint Michael’s -- Saint Michael’s Monastery; 19 right. 20 MS. PONTUS: Right. 21 Last question. 22 How much is this costing us for legal work 23 to do this favor for Greater Newark? 24 MAYOR STACK: Well, we’re not doing a favor 25 for Greater Newark. We’re doing the service  18 1 really to the people that living in Union City 2 and the people who live in that building; 3 preserve the building for the neighborhood and 4 for the City, Kathie. 5 MS. PONTUS: Yeah but we’re helping them 6 get ownership. Obviously they want ownership or 7 none of this would -- 8 MAYOR STACK: Right. 9 MS. PONTUS: -- be happening. 10 MAYOR STACK: Well, yeah, it’s a HUD -- 11 MS. PONTUS: So are they paying the bills 12 to get this done is I guess what my question is? 13 MAYOR STACK: Kara? 14 MS. KACZYNSKI: Well, again, they’re 15 expending -- in addition to taking on the first 16 and second mortgage on this property, which is a 17 considerable amount, they’re also putting in, 18 right at the outset, at least five hundred plus 19 thousand dollars in repair costs and soft costs 20 associated with this. 21 MS. PONTUS: But they’re picking up the 22 legal work that has to be done to take care of 23 the foreclosure, put the ownership -- 24 MAYOR STACK: On their end, right. 25 MS. PONTUS: -- with us for two seconds,  19 1 and then -- 2 MS. KACZYNSKI: As I said, they’re -- 3 MS. PONTUS: -- sell it to them? 4 MS. KACZYNSKI: -- about $500,000.00 in 5 additional monies including soft costs. 6 MS. PONTUS: Okay. 7 Thank you. 8 MS. KACZYNSKI: You’re welcome. 9 MAYOR STACK: Thank you. 10 MS. PONTUS: Thank you. 11 MAYOR STACK: Anyone else wishing to 12 comment? 13 Mr. Price? 14 Kara, if you could stay up? 15 MS. KACZYNSKI: Sure. 16 MR. PRICE: Oh. Larry Price, 1006 Palisade 17 Avenue. 18 MS. DILLON: Just keep your voice up, Mr. 19 Price, because -- 20 ACTING CITY CLERK: Your voice, -- 21 MS. DILLON: -- there is a fan. 22 MAYOR STACK: Just if you could keep your 23 voice up. 24 ACTING CITY CLERK: -- your voice up. 25 Yeah. Please.  20 1 MS. DILLON: There’s a -- 2 MR. PRICE: Price. Fan in the back. 3 MS. DILLON: Yeah. 4 MR. PRICE: Okay. Let’s clarify. 5 The thing opened in 1998 and never paid 6 taxes. The accrued the tax bill was a million 7 and a half dollars, -- 8 MS. KACZYNSKI: That’s correct. 9 MR. PRICE: -- roughly a hundred thousand 10 dollars a year. 11 We’re going to -- we’re going to write that 12 off. 13 Right? 14 We’re not going to get that back taxes? 15 MS. KACZYNSKI: We are not. 16 MR. PRICE: Okay. 17 We’re writing -- in fact I think we’re 18 writing off by our Resolution tonight. 19 Okay. 20 How much will we get in the P.I.L.O.T. 21 going forward each year? 22 MS. KACZYNSKI: The P.I.L.O.T. going 23 forward, which will be presented to the HMFA and 24 HUD is a eight percent -- eight percent annual 25 service charge, which has the potential should it  21 1 be approved in the future of going up to ten 2 percent. 3 MR. PRICE: Ten percent. Well, what does 4 that translate into in dollars? 5 MS. KACZYNSKI: It’s an annual service 6 charge and the annual service charge is a 7 percentage of the annual gross revenue. 8 So, until that time when that’s actually 9 calculated once the units become habitable again. 10 MAYOR STACK: And once -- 11 MS. KACZYNSKI: So, there’s 70 units total. 12 MAYOR STACK: -- once they’re all rented 13 out. Right. 14 MS. KACZYNSKI: Once they’re all rented 15 out. Once they’re -- there is a potential for a 16 tenanted area on the bottom, maybe some office 17 space associated with that. 18 So once the annual gross revenue of the 19 building has actually been ascertained, then 20 they’ll be able to figure out the percentage. 21 MR. PRICE: Okay. We got 70 of the 22 apartments are rented currently. So we know what 23 that is. But we don’t know -- the other ten are 24 empty, -- 25 MS. KACZYNSKI: Well, there’s 70 total.  22 1 MR. PRICE: Yes. 2 MS. KACZYNSKI: And I’m told there’s 3 approximately 12 that are not being rented right 4 now. 5 MR. PRICE: The term sheet only referred to 6 a primary debt of $380,000.00. But you referred 7 to -- or a first mortgage and a second mortgage 8 of considerable size. 9 MS. KACZYNSKI: Yes. That is true. 10 The County had put some money into the 11 property originally. The County has a first 12 mortgage of approximately 2.1 million. 13 There’s also a second mortgage on the 14 property that is owned by Capital One Bank and 15 that mortgage is approximately -- 16 Bear with me. 17 -- four hundred and ninety or so thousand 18 dollars. 19 MR. PRICE: Okay. 20 Two and a half million. And that will be 21 assumed by -- 22 MS. KACZYNSKI: Yes it will. 23 MR. PRICE: And even though there’s only -- 24 you’re saying we have no liability even though 25 we’re the owner even for an instant of the -- of  23 1 the property? 2 I mean we will take ownership and then 3 we’ll immediately cede ownership. But we are the 4 owner for -- 5 MS. KACZYNSKI: That is true. 6 And the new owner is executing documents. 7 All of these closing documents and these new loan 8 documents that are going to be executed in 9 association with this will clearly assume any and 10 all liability for both of these loans, as well as 11 the mortgages and the notes associated with them. 12 MR. PRICE: And they -- is Greater Newark 13 Housing Partnership good for it? 14 MS. KACZYNSKI: They do these projects. 15 MR. PRICE: Okay. 16 MS. KACZYNSKI: They’ve been approved by 17 HUD. 18 MR. PRICE: They’ve been approved by HUD, 19 which is the -- 20 Okay. 21 Thank you. 22 MS. KACZYNSKI: You’re welcome. 23 MAYOR STACK: Just for -- Larry, just in 24 the process of over the years, we’ve gone back 25 and forth with the owner of the building, which  24 1 was the Allens (phonetic) at the time, to try to 2 get the building repaired. 3 We’ve gone back and forth numerous times, 4 multiple inspections on the building; it just 5 never went anywhere. 6 Scaffolding was set up at one time. You’ve 7 probably seen it when you pass by and walk by. 8 Nothing every happened. He was never good on his 9 word. He just never lived up to his commitment 10 on the building. That’s for sure. 11 And it’s -- I think in my opinion it’s a 12 classic case of somebody becoming a developer, 13 quote/unquote, that never really had much 14 experience before he did that building. 15 And in the end a lot of people, the people 16 that lived in the building suffered and the 17 taxpayers of Union City suffered, obviously, for 18 what he owed us over the years in taxes. 19 But it’s been a major, major problem there; 20 no doubt about it. Not particularly a friend of 21 mine; he sued me two or three times over the 22 years, too. But, be that as it may. 23 MR. PRICE: Well, I’ve done that once or 24 twice. 25 MAYOR STACK: Yeah.  25 1 This was more on a personal level though. 2 Anyone wishing to comment at this time? 3 Anyone additional on this Ordinance; 1901 West 4 Street? 5 Okay. Seeing none. 6 Make a motion. 7 ACTING CITY CLERK: Is there a motion to 8 close the public hearing? 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion made by -- 11 COMMISSIONER RIVAS: Second. 12 ACTING CITY CLERK: -- Mayor Stack. 13 Second by Commissioner Rivas. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Yes. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: I’m abstaining. 24 ACTING CITY CLERK: Commissioner Martinetti 25 abstain?  26 1 COMMISSIONER MARTINETTI: I’m sorry. Yes. 2 I’m sorry. 3 ACTING CITY CLERK: I’m sorry? 4 COMMISSIONER MARTINETTI: Yes. 5 ACTING CITY CLERK: Oh, you say yes? 6 Commissioner Martinetti; yes. 7 Mayor Stack? 8 MAYOR STACK: Yes. 9 ACTING CITY CLERK: Motion to adopt? 10 MAYOR STACK: Motion. 11 ACTING CITY CLERK: Motion made by Mayor 12 Stack. 13 COMMISSIONER VALDIVIA: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Valdivia. 16 MS. VANEK: Mayor, for the record, we 17 request that Commissioners Martinetti and Rivas 18 recuse themselves from voting on this matter. 19 ACTING CITY CLERK: Okay. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Rivas; 23 recusing. 24 Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  27 1 ACTING CITY CLERK: Commissioner 2 Martinetti; recusing. 3 Mayor Stack? 4 MAYOR STACK: Yes. 5 6 CONSENT AGENDA: 7 8 ( 1) Resolution Approving the Payment of Claims 9 ( 2) Resolution Approving the Payment of 10 Concurring Claims 11 ( 3) Resolution Approving the City Payroll for 12 the Period of April 8, 2014 through April 21, 13 2014 14 ( 4) Resolution Approving the Library Payroll 15 for the Period of April 8, 2014 through April 21, 16 2014 17 ( 5) Resolution Awarding Raffle License to St. 18 Augustine’s Church Located at 3900 New York 19 Avenue 20 ( 6) Resolution Appointing Norman W. Albert as a 21 Substitute Municipal Court Prosecutor 22 ( 7) Resolution Appointing Coordinator and 23 Deputy Coordinator of the Office of Emergency 24 Management 25 ( 8) Resolution Authorizing Signatories on City  28 1 Bank Accounts 2 ( 9) Resolution Authorizing the Award of 3 Contract for Special Counsel Services 4 (10) Resolution to Approve Contract for 5 Webmaster Maintenance to AlphaDog Solutions 6 (11) Resolution to Approve Contract for Online 7 Payment of Taxes to ACI Universal Payments 8 (12) Resolution to Approve Contract for Lease of 9 Copiers from Atlantic Tomorrow Office 10 (13) Resolution Authorizing the Award of a 11 Contract for Pools & Spray Grounds Opening, 12 Maintenance & Closing to A.B.C.’S Pool Services 13 (14) Resolution Requesting Approval of Items of 14 Revenue and Appropriation NJ 40A:4-87 15 (15) Resolution Authorizing the Refund of 16 Premium Monies Collected at the Tax Sale 17 (16) Resolution Authorizing Refund of Redemption 18 Monies to Outside Lienholders 19 (17) Resolution Cancelling Taxes on Property 20 Erroneously Assessed 21 (18) Resolution Authorizing the Tax Collector to 22 Adjust the Second Quarter Property Taxes to 23 Reflect the Properly Billed Amount 24 (19) Any other matter of City business that may 25 arise  29 1 2 ACTING CITY CLERK: The third item on the 3 agenda is the Consent Agenda. There are 18 items 4 on the Consent Agenda 5 The first item is Resolution to Approve the 6 Payment of Claims. 7 Item 2. 8 Resolution Approving the Payment of 9 Concurring Claims. 10 Item 3. 11 Resolution Approving the City Payroll for 12 the Period of April 8, 2014 through April 21st, 13 2014. 14 Item 4. 15 Resolution Approving the Library Payroll 16 for the Period of April 8, 2014 through April 17 21st, 2014. 18 Item 5. 19 Resolution Awarding Raffle License to Saint 20 Augustine Church Located at 3900 New York Avenue. 21 Item 6. 22 Resolution Appointing Norman W. Albert as a 23 Substitute Municipal Court Prosecutor. 24 Item 7. 25 Resolution Appointing Coordinator and  30 1 Deputy Coordinator of the Office of Emergency 2 Management. 3 Item 8. 4 Resolution Authorizing Signatory on City 5 Bank Accounts. 6 Item 9. 7 Resolution Authorizing the Award of 8 Contract for Special Counsel Services. 9 Item 10. 10 Resolution to Approve Contract for 11 Webmaster Maintenance to AlphaDog Solution. 12 Item 11. 13 Resolution to Approve Contract for Online 14 Payment of Taxes to ACI Universal Payments. 15 Item 12. 16 Resolution to Approve Contract for Lease of 17 Copiers from Atlantic Tomorrow Office. 18 Item 13. 19 Resolution Authorizing the Award of a 20 Contract for Pools and Spray Ground Opening, 21 Maintenance and Closing to A.B.C.’S Pool 22 Services. 23 Item 14. 24 Resolution Requesting Approval of Items of 25 Revenue and Appropriation N.J. 40A:4-87.  31 1 Item 15. 2 Resolution Authorizing the Refund of 3 Premium Money Collected at the Tax Sale. 4 Item 16. 5 Resolution Authorizing Refunds of 6 Redemption Monies to Outside Lienholders. 7 Item 17. 8 Resolution Cancelling Taxes on Property 9 Erroneously Assessed. 10 Item 18. 11 Resolution Authorizing the Tax Collector to 12 Adjust the Second Quarter Property Taxes to 13 Reflect the Properly Billed Amount. 14 Does the Mayor wish to take public comment? 15 MAYOR STACK: Anyone wishing to comment on 16 the Consent Agenda, please step forward, state 17 your name and address for the record. 18 MS. PONTUS: Kathie Pontus, 512 39 th 19 Street. 20 Number 18; could you explain that? 21 Is that like everybody’s tax bill? 22 MS. VANEK: I believe that’s just to -- 23 MAYOR STACK: Yeah, it is. 24 MS. VANEK: -- correct billing on the 25 City’s records.  32 1 MAYOR STACK: Right. 2 MS. VANEK: It’s with regard to -- number 3 18? 4 MS. PONTUS: Um-hum. 5 MS. VANEK: It’s enumerated properties. 6 It’s not everyone’s property. 7 MS. PONTUS: Oh, all right. 8 MS. VANEK: Yeah, there’s a list attached 9 to the Resolution. 10 MS. PONTUS: Oh, all right. 11 Thank you. 12 MS. VANEK: You’re welcome. 13 ACTING CITY CLERK: Anybody else? 14 MAYOR STACK: Anyone else wishing to 15 comment at his time? 16 Seeing none; I’ll make a motion to approve. 17 ACTING CITY CLERK: Mayor Stack. 18 COMMISSIONER RIVAS: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Rivas. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  33 1 ACTING CITY CLERK: 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 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: Yes. 19 ACTING CITY CLERK: Commissioner Rivas? 20 COMMISSIONER RIVAS: Yes. 21 ACTING CITY CLERK: Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes.  34 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 REGULAR AGENDA: 5 6 1. Resolution Approving the Redevelopment 7 Agency Payroll for the Period of March 25, 2014 8 through April 7, 2014 9 10 ACTING CITY CLERK: The fourth is the 11 Regular Agenda. We have 14 items on the Regular 12 Agenda tonight. 13 The first item is a Resolution Approving 14 the Redevelopment Agency Payroll for the Period 15 of March 25th, 2014 through April 7, 2014. 16 MS. VANEK: Mayor, we recommend that 17 Commissioner Fernandez recuse from this item. 18 MAYOR STACK: I’ll move it. 19 COMMISSIONER MARTINETTI: Second. 20 ACTING CITY CLERK: Commissioner Fernandez. 21 Is there a motion on item 1? 22 COMMISSIONER MARTINETTI: Motion. 23 ACTING CITY CLERK: Motion made by -- 24 COMMISSIONER VALDIVIA: Second. 25 ACTING CITY CLERK: -- Commissioner  35 1 Martinetti. 2 Second by Commissioner Valdivia. 3 Roll call. 4 Commissioner Fernandez; recusing. 5 Commissioner Rivas? 6 COMMISSIONER RIVAS: Yes. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 REGULAR AGENDA: 16 17 2. Resolution Authorizing the Payment of 18 Claims to the Union City Board of Education 19 20 ACTING CITY CLERK: Item 2 is a Resolution 21 Authorizing the Payment of Claim to the Union 22 City Board of Education. 23 MS. VANEK: Mayor, we recommend that 24 Commissioners Martinetti and Fernandez recuse 25 from this item.  36 1 We would typically recommend that 2 Commissioner Valdivia as well recuse but under 3 the doctrine of necessity we ask that 4 Commissioner Valdivia vote on this item. 5 COMMISSIONER RIVAS: I’ll -- 6 ACTING CITY CLERK: Is there a -- 7 COMMISSIONER RIVAS: I’ll move it. 8 ACTING CITY CLERK: Motion made by 9 Commissioner Rivas. 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Valdivia. 13 Roll call. 14 Commissioner Fernandez; recusing. 15 Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti; recusing. 21 Mayor Stack? 22 MAYOR STACK: Yes. 23 24 REGULAR AGENDA: 25  37 1 3. Resolution Authorizing the Payment of 2 Claims to the North Hudson Regional Fire & Rescue 3 4 ACTING CITY CLERK: Item 3. 5 Resolution Authorizing the Payment of Claim 6 to the North Hudson Regional Fire and Rescue. 7 MS. VANEK: Mayor, we recommend that 8 Commissioner Martinetti recuse. 9 MAYOR STACK: I’ll move it. 10 COMMISSIONER RIVAS: I’ll second it. 11 ACTING CITY CLERK: Motion by Mayor Stack. 12 Second by Commissioner Rivas. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Rivas? 17 COMMISSIONER RIVAS: Yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti; recusing. 22 Mayor Stack? 23 MAYOR STACK: Yes. 24 25 REGULAR AGENDA:  38 1 2 4. Resolution Authorizing the Payment of 3 Claims to the Union City Redevelopment Agency 4 5 ACTING CITY CLERK: Item four. 6 Resolution Authorizing the Payment of Claim 7 to the Union City Redevelopment Agency. 8 MS. VANEK: Mayor, we recommend that 9 Commissioner Fernandez recuse from this item. 10 MAYOR STACK: I’ll move it. 11 COMMISSIONER MARTINETTI: Second. 12 ACTING CITY CLERK: Motion made by Mayor 13 Stack. 14 Second by Commissioner Martinetti. 15 Roll call. 16 Commissioner Fernandez; recusing. 17 Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  39 1 2 REGULAR AGENDA: 3 4 5. Resolution of the Board of Commissioners of 5 the City of Union City Granting a Place to Place 6 Transfer of Inactive Liquor License 7 #0910-32-171-007 Owned by Hare Om, Inc. to be 8 Transferred to Yunaris Liquors and Nisha Patel, 9 Located at 3196 John F. Kennedy Boulevard 10 11 ACTING CITY CLERK: Item 5 is Resolution of 12 the Board of Commissioners of the City of Union 13 City Granting a Place to Place Transfer of 14 Inactive Liquor License number 0910-32-171-007 15 Owned by Hare Om, Inc. to be Transferred to 16 Yunaris Liquor and Nisha Patel, Located at 3196 17 John F. K. Boulevard. 18 MAYOR STACK: This is the one that we did 19 at the last meeting I believe. 20 MS. VANEK: We did, Mayor. 21 ACTING CITY CLERK: That’s the one -- yes. 22 MS. VANEK: This is memorializing. 23 MAYOR STACK: Right. 24 MS. VANEK: And we recommend that 25 Commissioner Martinetti recuse from this item.  40 1 MAYOR STACK: It’s going into a commercial 2 area. Okay. 3 I’ll -- 4 ACTING CITY CLERK: Is there a motion? 5 MAYOR STACK: I’ll move it. 6 ACTING CITY CLERK: Mayor Stack. 7 COMMISSIONER FERNANDEZ: Second. 8 ACTING CITY CLERK: Second by Commissioner 9 Fernandez. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner Rivas? 14 COMMISSIONER RIVAS: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti; recusing. 19 Mayor Stack? 20 MAYOR STACK: Yes. 21 22 REGULAR AGENDA: 23 24 6. Resolution Denying the Place to Place and 25 Person to Person Transfer of Application Relative  41 1 to Liquor License No. 0910-43-131-002 (Pocket to 2 Proposed Location at 3600 New York Avenue) 3 4 ACTING CITY CLERK: Item 6. 5 Resolution Denying the Place to Place and 6 Person to Person Transfer Application Relative to 7 Liquor License number 0910-43-131-002, it’s a 8 Pocket to Proposed Location at 3600 New York 9 Avenue. 10 MS. VANEK: Mayor, we recommend that 11 Commissioner Martinetti recuse from this item. 12 MAYOR STACK: I’ll move it. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 COMMISSIONER RIVAS: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 Rivas. 18 Roll call. 19 Commissioner Fernandez? 20 COMMISSIONER FERNANDEZ: Yes. 21 ACTING CITY CLERK: Commissioner Rivas? 22 COMMISSIONER RIVAS: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner  42 1 Martinetti; recusing. 2 Mayor Stack? 3 MAYOR STACK: Yes. 4 5 REGULAR AGENDA: 6 7 7. Resolution Approving the FY-2014 Budget for 8 the Community Development Block Grant (CDBG) 9 Program 10 11 ACTING CITY CLERK: Item 7. 12 Resolution Approving the FY-2014 Budget for 13 the Community Development Block Grant, CDBG, 14 Program. 15 MS. VANEK: Mayor, we recommend that 16 Commissioners Martinetti and Rivas recuse from 17 this matter. 18 Typically we would recommend that 19 Commissioner Fernandez recuse as to the Grace 20 Theater payment but under the doctrine of 21 necessity we request that he vote. 22 ACTING CITY CLERK: Is there a motion? 23 MAYOR STACK: I’ll move it. 24 ACTING CITY CLERK: Motion made by Mayor 25 Stack.  43 1 COMMISSIONER VALDIVIA: Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Valdivia. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: On the counsel’s 7 recommendation, 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 REGULAR AGENDA: 18 19 8. Resolution Nominating Member to the 20 Homeless Trust Task Force 21 22 ACTING CITY CLERK: Item 8. 23 Resolution Nominating Member to the 24 Homeless Trust Task Force. 25 MS. VANEK: Mayor, we recommend that  44 1 Commissioners Martinetti and Rivas recuse from 2 this matter. 3 MAYOR STACK: I’ll move it. 4 COMMISSIONER VALDIVIA: Second. 5 ACTING CITY CLERK: Motion made by Mayor 6 Stack. 7 Second by Commissioner Valdivia. 8 Roll call. 9 Commissioner Fernandez? 10 COMMISSIONER FERNANDEZ: Yes. 11 ACTING CITY CLERK: Commissioner Rivas; 12 recusing. 13 Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti; recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 20 REGULAR AGENDA: 21 22 9. Resolution Authorizing Payment to Maser 23 Consulting for Professional Service and Imposing 24 a Lien for the Cost of the Service on the 25 Property Located at 2505 Central Avenue  45 1 2 ACTING CITY CLERK: Item 9. 3 Resolution Authorizing the Payment to Maser 4 Consulting for Professional Service and Imposing 5 a Lien for the Cost of the Service on the 6 Property Located at 2505 Central Avenue. 7 MS. VANEK: Mayor, we recommend that 8 Commissioner Martinetti recuse from numbers 9 and 9 10. 10 COMMISSIONER RIVAS: I’ll move it. 11 ACTING CITY CLERK: Motion made by 12 Commissioner Rivas. 13 MAYOR STACK: Second. 14 ACTING CITY CLERK: Second by Mayor Stack. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti; recusing. 24 Mayor Stack? 25 MAYOR STACK: Yes.  46 1 2 REGULAR AGENDA: 3 4 10. Resolution Authorizing the Placement of a 5 Lien on the Property Known as 412 17 th Street in 6 the City of Union City for Emergency Police 7 Detail 8 9 ACTING CITY CLERK: Item 10. 10 Resolution Authorizing the Placement of a 11 Lien on the Property Known as 412 17 th Street in 12 Union City for Emergency Police Detail. 13 MAYOR STACK: I just want to be certain. 14 Are we sure on that address, 412? Or is it 15 424? 16 MS. VANEK: Let me double-check, Mayor. 17 MAYOR STACK: Because I remember an 18 incident over there but it wasn’t at 412. 19 I just noticed that. I didn’t pick it up 20 when I reviewed it last night. 21 MS. VANEK: The Resolution says 412. But, 22 Mayor, if you would feel more comfortable, we 23 could hold this until the next meeting. 24 MAYOR STACK: Just if you could. 25 I’m pretty sure that the stairway collapsed  47 1 going into the apartment building at 424 and 2 that’s where we had the detail. 3 MS. VANEK: This was a stairway collapse. 4 MAYOR STACK: That was it. 5 MS. VANEK: So perhaps -- 6 MAYOR STACK: It’s -- 7 MS. VANEK: -- we have the address 8 incorrect. 9 MAYOR STACK: It’s 424 17th Street, also 10 known as 1700 Bergenline Avenue. 11 If we could just pull that then. 12 ACTING CITY CLERK: So we’ll move this to 13 the next meeting. 14 MAYOR STACK: Yeah. I didn’t -- if I would 15 have saw it I would have brought it -- 16 ACTING CITY CLERK: No problem. 17 MAYOR STACK: -- up yesterday. I didn’t 18 see it. 19 20 REGULAR AGENDA: 21 22 11. Resolution Authorizing the City of Union 23 City to Execute an Amendment to the Financial 24 Agreement Between the City of Union City, New 25 Jersey and Monastery Urban Renewal Associates,  48 1 LLC in Connection with the Payment in Lieu of 2 Taxes for 1901 West Street, Block 108, Lot 4 3 4 ACTING CITY CLERK: Item 11. 5 Resolution Authorizing the City of Union 6 City to Execute an Amendment to the Financial 7 Agreement Between the City of Union City, New 8 Jersey and the Monastery Urban Renewal 9 Association (sic), LLC in Connection with the 10 Payment in Lieu of Taxes for 1901 West Street, 11 Block 108, Lot 4. 12 MS. VANEK: Mayor, we recommend that 13 Commissioners Martinetti and Rivas recuse from 14 this item. 15 MAYOR STACK: I’ll move it. 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 recusing. 25 Commissioner Valdivia?  49 1 COMMISSIONER VALDIVIA: Yes. 2 ACTING CITY CLERK: Commissioner 3 Martinetti; recusing. 4 Mayor Stack? 5 MAYOR STACK: Yes. 6 7 REGULAR AGENDA 8 9 12. Resolution Authorizing the Placement of a 10 Lien on the Property Known as 1814 West Street in 11 the City of Union City for Emergency Fire Watch 12 13 ACTING CITY CLERK: Item 12. 14 Resolution Authorizing the Placement of a 15 Lien on the Property Known as 1814 West Street in 16 the City of Union City for Emergency Fire Watch. 17 MS. VANEK: Mayor, we recommend that 18 Commissioner Martinetti recuse for numbers 12, 13 19 and 14. 20 MAYOR STACK: I’ll move it. 21 ACTING CITY CLERK: Motion made by Mayor 22 Stack. 23 COMMISSIONER RIVAS: I’ll second it. 24 ACTING CITY CLERK: Second by Commissioner 25 Rivas.  50 1 Roll call. 2 Commissioner Fernandez? 3 COMMISSIONER FERNANDEZ: Yes. 4 ACTING CITY CLERK: Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti; recusing. 10 Mayor Stack? 11 MAYOR STACK: Yes. 12 13 REGULAR AGENDA 14 15 13. Resolution Authorizing the Placement of a 16 Lien on the Property Known as 517 19 th Street in 17 the City of Union City for Emergency Fire Watch 18 19 ACTING CITY CLERK: Item 13. 20 Resolution Authorizing the Placement of a 21 Lien on the Property Known as 517 19th Street in 22 the City of Union City for Emergency Fire Watch. 23 Is there a motion? 24 MAYOR STACK: Motion. 25 ACTING CITY CLERK: Motion made by Mayor  51 1 Stack. 2 COMMISSIONER VALDIVIA: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Valdivia. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: Yes. 8 ACTING CITY CLERK: Commissioner Rivas? 9 COMMISSIONER RIVAS: Yes. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti; recusing. 14 Mayor Stack? 15 MAYOR STACK: Yes. 16 17 REGULAR AGENDA 18 19 14. Resolution Authorizing the Placement of a 20 Lien on the Property Known as 519 19 th Street in 21 the City of Union City for Emergency Fire Watch 22 23 ACTING CITY CLERK: Item 14. 24 Resolution Authorizing the Placement of a 25 Lien on the Property Known as 519 19 th Street in  52 1 the City of Union City for Emergency Fire Watch. 2 MAYOR STACK: I’ll move it. 3 ACTING CITY CLERK: Motion made by Mayor 4 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; recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 20 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 21 22 ACTING CITY CLERK: Mayor, do you want to 23 take public -- 24 MAYOR STACK: Sure. 25 Anyone wishing to address the Board at this  53 1 time, please step forward, state your name and 2 address for the record. 3 MR. HEINIS: John Heinis, 78 Montclair 4 Ave., Little Falls. 5 So, Mayor, as most of us or probably all of 6 us in the room are aware there was a large fire 7 in Union City. So I would just ask you if I 8 could get un update in the situation and what the 9 community could do to help those victims effected 10 by the fire. 11 MAYOR STACK: We’ve been ongoing meeting 12 with the fire victims to see exactly what’s going 13 to take place with the buildings where they 14 lived. We have an engineer doing an assessment, 15 along with the construction code official. 16 We also have a fund set up in the City of 17 Union City for Union City Fire Victims where 18 residents can donate to to assist those families. 19 We have about 50 people that are -- that 20 have been displaced right now and we’ll be doing 21 additional measures to help them. We’ll be 22 helping them relocate into the City. Once again, 23 those that can’t go back into the houses that 24 they once had at Second Street. We had a number 25 of buildings effected from 201, 203, 205, 207,  54 1 209 New York Avenue. 2 And the City will be ongoing trying to help 3 them in an apartment search and trying to get 4 them reestablished and set up back into the 5 community. 6 MR. HEINIS: I know -- 7 MAYOR STACK: But anyone who would like to 8 help out, the Union City Fire Victims Fund is set 9 up. 10 MR. HEINIS: All right. Well, appreciate 11 the update. 12 I know in the past, sometimes fire victims 13 stay at the Jose Marti School and other schools 14 in the area. 15 Is that the case this time? 16 MAYOR STACK: No. No. They’ve all been 17 placed because of school in session right now. 18 MR. HEINIS: Okay. 19 Completely unrelated, I just wanted to also 20 address some OPRA requests outstanding. 21 Now let me put on the record, the Clerk, 22 Dominick, he’s been very helpful, very quick to 23 respond, so I appreciate that. 24 But I did an OPRA in October for the 25 payment of bills in Union City and that was sent  55 1 to me via PDF and there was no charge. And now I 2 did an OPRA for November and December and the 3 charge was in the neighborhood of $200.00. 4 So I just wanted to know what has changed 5 between the October payment of bills versus the 6 November and December payment of bills ‘cause, 7 you know, we’re talking a difference of zero 8 dollars to now, like I said, in the ballpark of 9 $200.00. I think it’s a hundred ninety-two 10 dollars to be exact. 11 So, I’m just seeing if that’s something we 12 could get out of the way as well. 13 MAYOR STACK: Christine? 14 MS. VANEK: Mayor, I would have to check 15 into it. Maybe the request was couched 16 differently. Maybe, you know, if you asked for 17 backup? That might require additional documents. 18 ACTING CITY CLERK: Can I -- can I say 19 something? 20 Actually, I -- the reason why we added 21 those charges is because we’re -- I mean I 22 realized it took an extra amount of effort and 23 time to get those records, -- 24 MR. HEINIS: Um-hum. 25 ACTING CITY CLERK: -- you know, made  56 1 available to you. 2 MR. HEINIS: Right. 3 ACTING CITY CLERK: And when the records 4 came to my office for review, that’s when I 5 raised the red flag and said well I’m going to 6 spend probably, you know, six to eight hours 7 reviewing these documents, I think we need to -- 8 you know, we have all the right I think to go 9 ahead and, you know, charge and bill someone for 10 this effort. 11 MAYOR STACK: Well maybe if you could 12 tomorrow or Thursday, go over it with Christine 13 and then you could get back to Mr. Heinis on it. 14 ACTING CITY CLERK: Absolutely. 15 MR. HEINIS: All right. 16 Thank you. 17 And I’ll also offer the Board an early 18 congratulations, since you’re all running 19 unopposed, you’ll of course get your seats again. 20 So, congratulations on that. 21 MAYOR STACK: Thank you very much. 22 MR. HEINIS: And thank you for your time. 23 MAYOR STACK: Thank you. 24 MS. PONTUS: Kathie Pontus, 512 39 th 25 Street.  57 1 I received a flyer and it refers to -- 2 unfortunately Second Street, that’s one of them 3 -- repair of water and sewer lines being included 4 when they did the sidewalks. 5 What is that work based on? 6 They did not do that on 39th Street. They 7 came, ripped up, redid and all the old stuff is 8 there. 9 MAYOR STACK: The reason they’re doing it, 10 Kathie is because since we adopted our new 11 Ordinance that we make them -- if they dig within 12 a number of years, that we make them go back and 13 we make them repave the street curb to curb, 14 block to block. I guess they felt it was more 15 prudent for them now to come in and clean their 16 lines. 17 A lot of these -- 18 MS. PONTUS: Oh, this was their idea? 19 MAYOR STACK: We ask them to come in. 20 We’ve -- Ralph Tango and myself, the City 21 Engineer -- 22 MS. PONTUS: Mmm. 23 MAYOR STACK: -- have been in constant 24 communication with both United Water, -- 25 Not so much Verizon because Verizon is more  58 1 overhead. 2 -- but United Water and PSE&G to do this 3 type of work. 4 MS. PONTUS: Um-hum. 5 MAYOR STACK: They’re doing Bergenline 6 Avenue right now, which is going from Second 7 going north to 16th Street right now. 8 MS. PONTUS: Um-hum. 9 MAYOR STACK: Most of those pipes down 10 there have a lot of sediment in them. Major -- 11 MS. PONTUS: And every part of the City. 12 That’s why I wondered why some are getting it and 13 some aren’t. 14 MAYOR STACK: No, absolutely. Absolutely. 15 But I feel that they see that we’re very 16 strong in our Ordinance right now, so they’re 17 going back doing this. 18 We asked them come out and do your service 19 lines, do your junction -- do your boxes, your 20 curb boxes; and now they’re adhering to that and 21 they’re doing most of that for the most part. 22 MS. PONTUS: And that’s only -- 23 MAYOR STACK: We still have issues though. 24 MS. PONTUS: -- recently that you’ve done 25 that. That wasn’t being done when our block  59 1 was done. 2 MAYOR STACK: Oh, we did. We did. 3 But once we adopted the Ordinance, they saw 4 the teeth of the Ordinance and they said you know 5 what, we better go out there and do what we 6 should be doing. 7 MS. PONTUS: Uh-huh. 8 All right, my last question, at the last 9 meeting I presented you with copies and questions 10 in reference to all this exempt property in Union 11 City that the rest of us are picking up the bill 12 for. 13 There was one piece of property in 14 particular. I didn’t know if I needed to call 15 you or I figured I’d wait till tonight. 16 Is there any -- 17 MAYOR STACK: Christine? 18 MS. VANEK: Are you mentioning the property 19 where they’re -- it’s being assessed with a 20 structure? 21 Is that the one in question? 22 MS. PONTUS: It’s exempt. 23 MS. VANEK: It’s exempt; okay. 24 We had the Tax Assessor -- 25 MS. PONTUS: But active.  60 1 MS. VANEK: But I know that there was 2 discrepancy as to the description of the property 3 on one of them. 4 MS. PONTUS: Yeah. Because according to 5 the SCC, the SDA, -- whatever you want to call 6 them now -- 7 MS. VANEK: Right. 8 MS. PONTUS: -- they have it vacant land. 9 MS. VANEK: Right. 10 We have -- 11 MS. PONTUS: It’s not vacant land. 12 MS. VANEK: We have the Tax Assessor going 13 out to take a look at that particular piece of 14 property. But beyond that, I mean the SDA owns 15 the land, it’s tax exempt and I just don’t know 16 that there’s anything -- 17 MS. PONTUS: Right. 18 But is there -- 19 MS. VANEK: -- the municipality can do. 20 MS. PONTUS: -- no way that we can try to 21 make them understand? 22 I mean the State is giving us $18 million a 23 year; we could be getting our own money and lower 24 that. It’s for the State’s purpose, as well as 25 the Union City taxpayers.  61 1 MAYOR STACK: We have, Kathie. But their 2 indication to me is that they wanted to hold it 3 in their inventory right now. 4 MS. PONTUS: For ten years? 5 MAYOR STACK: That’s, you know, -- it’s -- 6 a lot of people have changed in the process at -- 7 MS. PONTUS: Yeah, I’ll say. 8 MAYOR STACK: -- the SCC, SDA. 9 MS. PONTUS: They went running. 10 MAYOR STACK: There’s been a lot of 11 changes. There’s been a lot of changes there 12 obviously on the State level. But -- 13 MS. PONTUS: Uh-huh. 14 MAYOR STACK: -- they felt that they wanted 15 to hold it. 16 I think going forward what they’ve been 17 trying to do is they’ve been trying to shed a lot 18 of these properties if they’re not going to build 19 a school. 20 I honestly don’t see a school coming to 21 that property any time in the future. 22 We have Hudson School now approved. 23 Gilmore School’s been approved for renovation. 24 MS. PONTUS: And that’s down in an area 25 where it would certainly be helped with some --  62 1 MAYOR STACK: It definitely would. 2 MS. PONTUS: -- things being down there. 3 MAYOR STACK: Definitely would. 4 And there was -- 5 MS. PONTUS: When the City gets the 6 properties back from them, how does that happen? 7 What is the procedure? 8 Do they say, here, it’s yours again? 9 MAYOR STACK: No, they would probably sell 10 it. 11 MS. PONTUS: To the City. Or to a 12 private -- 13 MAYOR STACK: Probably to a private 14 developer. 15 MS. PONTUS: Okay. 16 MAYOR STACK: Yeah. 17 MS. PONTUS: So the City would have nothing 18 -- has nothing to do with getting -- 19 MAYOR STACK: No. 20 MS. PONTUS: -- their hands on it. 21 MAYOR STACK: No. No. 22 MS. PONTUS: All right. 23 I’m gonna call the SDA. I know I told you 24 the last meeting I would. I didn’t get to it. 25 MAYOR STACK: Right.  63 1 MS. PONTUS: But I’m gonna call them. 2 Because this is absurd. 3 MAYOR STACK: Sure. 4 MS. PONTUS: It’s 30 pieces of property. 5 MAYOR STACK: True. 6 MS. PONTUS: Some of them big. 7 MAYOR STACK: Absolutely. 8 MS. PONTUS: You know what I want -- what I 9 would like to do before I call them is get the 10 tax figure that each one of them were paying 11 before eminent domain came along. 12 MAYOR STACK: Right. 13 MS. PONTUS: So that I could have a grand 14 total for all the properties and talk to them 15 intelligently. Like this is what you took off 16 our rolls -- 17 MAYOR STACK: And one of the things -- 18 MS. PONTUS: -- and the rest of the 19 taxpayers are paying it. 20 MAYOR STACK: One of the things that we’ve 21 tried to do, Mr. Sanger and myself, is try to 22 direct them -- such as the High School didn’t 23 take away -- 24 With the exception of the old -- I’m sure 25 you remember --  64 1 MS. PONTUS: Right; that triangle. 2 MAYOR STACK: -- that triangle. 3 It really didn’t take away much in the long 4 run -- 5 MS. PONTUS: Um-hum. 6 MAYOR STACK: -- there. 7 We’ve tried to do that. I know Colin 8 Powell was minimal. Jose Marti was zero at the 9 time. The Early Childhood Center took away the 10 old Leber Funeral Home -- Schlemm Funeral 11 Home, -- 12 MS. PONTUS: Um-hum. 13 Yeah but that -- 14 MAYOR STACK: -- it took that. 15 MS. PONTUS: -- was empty for years. 16 MAYOR STACK: Yeah it was empty for years. 17 Exactly. 18 We tried to direct them to do something 19 similar to that but that property down there was 20 really out of my control. 21 MS. PONTUS: All right. 22 Well, if -- I mean these properties were 23 taken, most of them, nine years ago. 24 MAYOR STACK: About that, yeah. 25 MS. PONTUS: A couple of them ten years  65 1 ago. 2 So, do I need your help to tell them that I 3 want the old numbers? Because I can’t walk in 4 and -- 5 MAYOR STACK: The old numbers going back to 6 that? 7 MS. PONTUS: What they were paying in taxes 8 the day the State came in -- 9 MAYOR STACK: We can pull it. 10 MS. PONTUS: -- and said you’re going; -- 11 MAYOR STACK: We can pull that. 12 MS. PONTUS: -- we’re taking. 13 MAYOR STACK: We can pull that. 14 Christine, give me a little note on that 15 tomorrow. 16 MS. VANEK: Sure. 17 MAYOR STACK: And I’ll pull those numbers 18 for you. I’ll get it to you. 19 MS. PONTUS: Yeah. ‘Cause you have the -- 20 MAYOR STACK: I can pull it. 21 MS. PONTUS: -- copies of all the 22 properties. 23 MAYOR STACK: I can get that. That’s 24 not -- 25 MS. PONTUS: I gave them all to you --  66 1 MAYOR STACK: That’s not a problem. 2 MS. PONTUS: -- at the last meeting. 3 MAYOR STACK: We can go back in the archive 4 and pull that. That’s not a problem. 5 MS. PONTUS: Yeah because this way when I 6 call them I’ll have numbers. 7 MAYOR STACK: I can give that to you. 8 MS. PONTUS: Like this is what you did and 9 if that would have stayed on the rolls for these 10 nine years -- 11 MAYOR STACK: Exactly. 12 MS. PONTUS: -- what kind of increases -- 13 MAYOR STACK: Would have been -- 14 MS. PONTUS: -- would have happened, -- 15 MAYOR STACK: And not only that, there were 16 projects that came in after that. There were 17 projects that could have went up on those 18 properties. 19 MS. PONTUS: Right. Because that’s 20 ridiculous. Not only does it make the City 21 ugly, -- 22 MAYOR STACK: Sure. 23 MS. PONTUS: -- it would help the 24 taxpayers. 25 MAYOR STACK: I’d like to have something  67 1 even down there that mirrors the other side of 2 the street -- Jersey City. We’ve been working 3 closely with Mayor Fulop’s administration, even 4 in policing in that area, to build something 5 along there that mirrors each other so we have 6 something in that area. 7 MS. PONTUS: That would be nice because 8 it’s a -- 9 MAYOR STACK: Yes it would be. 10 MS. PONTUS: -- bordered street; -- 11 MAYOR STACK: Absolutely. 12 MS. PONTUS: -- one side is one town, one 13 is the other. 14 MAYOR STACK: Absolutely. Absolutely. 15 MS. PONTUS: Yeah. 16 But if you could get me that 17 information, -- 18 MAYOR STACK: Christine, if you can get 19 that -- 20 MS. PONTUS: -- I’d appreciate it. I’ll 21 call them. 22 MS. VANEK: No problem. 23 MAYOR STACK: -- to me and we’ll pull the 24 numbers together, all right? 25 MS. VANEK: Okay.  68 1 MAYOR STACK: Thank you very much. 2 MS. PONTUS: Thank you. 3 MAYOR STACK: Anyone else wishing to 4 comment? 5 Seeing no other. 6 ACTING CITY CLERK: Is there a motion to 7 close public comment portion of the meeting? 8 COMMISSIONER FERNANDEZ: Second. 9 ACTING CITY CLERK: Mayor Stack. 10 Second by Commissioner Rivas. 11 Roll call. 12 Commissioner Fernandez? 13 COMMISSIONER FERNANDEZ: Yes. 14 ACTING CITY CLERK: Commissioner Rivas? 15 MAYOR STACK: I’m sorry. 16 ACTING CITY CLERK: Commissioner Rivas? 17 COMMISSIONER RIVAS: Yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25  69 1 ADJOURNMENT: 2 3 ACTING CITY CLERK: Is there a motion to 4 adjourn? 5 MAYOR STACK: Motion. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Motion made by Mayor 8 Stack. 9 Second by Commissioner Rivas. 10 MAYOR STACK: Thank you all. 11 12 (Whereupon, there was a chorus of ayes.) 13 14 ACTING CITY CLERK: Aye. 15 Thank you. 16 17 (Whereupon, the proceedings were concluded 18 at 7:36 p.m.) 19 20 21 22 23 24 25  70 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  71 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, May 6, 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