Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Bella Vista Apartments 522 22nd Street Union City, New Jersey June 17, 2014 Commencing at 7:01 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 J. 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 GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 ROLL CALL 4 APPROVAL OF MINUTES 4 ORDINANCES FOR HEARING AND ADOPTION 6, 8 CONSENT AGENDA 14 ORDINANCES FOR INTRODUCTION 26 REGULAR AGENDA 29, 30 31, 32 34 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 36 LIQUOR LICENSE DISCIPLINARY HEARING 43 ADJOURNMENT 47  3 1 MAYOR STACK: Thank you everyone for having 2 us in your building. 3 We’re going to start the Commission Meeting 4 now. 5 ACTING CITY CLERK: This is the Regular 6 Public Meeting of the Union City Board of 7 Commissioner, being held on Tuesday, June 17, 8 2014, at seven p.m., at the Bella Vista 9 Apartments, 522 22nd Street, Union City, New 10 Jersey. 11 Please everybody rise for the Pledge of 12 Allegiance? 13 14 (Whereupon the Pledge of Allegiance was 15 said.) 16 17 ACTING CITY CLERK: This meeting has been 18 called in accordance with Chapter 231, Public Law 19 of 1975, the Open Public Meeting Act. Adequate 20 notice of this meeting has been provided as 21 follows: 22 Notice of this meeting setting forth the 23 time, date, location, and the agenda, to the 24 extent known, was forwarded to The Jersey 25 Journal, The Record, and The Hudson Reporter, has  4 1 been posted on bulletin board in City Hall and 2 has been made available to the public in the 3 office of the Municipal Clerk. 4 5 ROLL CALL: 6 7 ACTING CITY CLERK: Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Here. 10 ACTING CITY CLERK: Commissioner Rivas? 11 COMMISSIONER RIVAS: Here. 12 ACTING CITY CLERK: Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Here. 14 ACTING CITY CLERK: Commissioner 15 Martinetti? 16 COMMISSIONER MARTINETTI: Here. 17 ACTING CITY CLERK: Mayor Stack? 18 MAYOR STACK: Here. 19 20 APPROVAL OF PREVIOUS MEETING MINUTES: 21 22 ACTING CITY CLERK: First item on the 23 agenda tonight is the approval of previous 24 meeting minutes. 25 Motion must be duly made and seconded that  5 1 the meeting minutes of the Board of Commissioner 2 Meeting held on May 20th and June 4th, 2014, be 3 approved and recorded. 4 Is there a motion to approve? 5 MAYOR STACK: Motion. 6 COMMISSIONER MARTINETTI: I make a motion. 7 Second. 8 ACTING CITY CLERK: Motion by Martinetti; 9 Mayor Stack. 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: Mayor Stack? 18 MAYOR STACK: Yes. 19 ACTING CITY CLERK: I mean -- 20 I’m sorry. 21 Commissioner Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25  6 1 ORDINANCES FOR HEARING AND ADOPTION 2 CONSIDERATION: 3 4 1. AN ORDINANCE TO AMEND SALARY ORDINANCE FOR 5 MUNICIPAL EMPLOYEES 6 7 ACTING CITY CLERK: Second item -- we have 8 two Ordinances for Adoption and Consideration. 9 The first is an Ordinance to Amend Salary 10 Ordinance for Municipal Employees. 11 MS. VANEK: Mayor, for the record, 12 Commissioner Martinetti should recuse from this 13 matter. 14 MAYOR STACK: Anyone wishing to comment on 15 this Ordinance at this time, please step forward, 16 state your name and address for the record. 17 Seeing none. 18 ACTING CITY CLERK: Is there a motion to -- 19 COMMISSIONER RIVAS: Motion. 20 ACTING CITY CLERK: -- close public 21 hearing? 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Motion made by 24 Commissioner Rivas. 25 MAYOR STACK: Second.  7 1 ACTING CITY CLERK: Second by Mayor Stack. 2 Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Yes. 5 ACTING CITY CLERK: Commissioner Rivas? 6 COMMISSIONER RIVAS: Yes. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Martinetti; recusing. 10 Mayor Stack? 11 MAYOR STACK: Yes. 12 ACTING CITY CLERK: Is there a motion to 13 adopt? 14 MAYOR STACK: Motion. 15 ACTING CITY CLERK: Motion made by -- 16 COMMISSIONER VALDIVIA: Second. 17 ACTING CITY CLERK: -- Mayor Stack. 18 Second by Commissioner Valdivia. 19 Roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  8 1 ACTING CITY CLERK: Commissioner 2 Martinetti; recusing. 3 Mayor Stack? 4 MAYOR STACK: Yes. 5 6 ORDINANCES FOR HEARING AND ADOPTION 7 CONSIDERATION: 8 9 2. AN ORDINANCE AMENDING CHAPTER 334-RENT 10 STABILIZATION-OF THE REVISED GENERAL ORDINANCES 11 OF THE CITY OF UNION CITY 12 13 ACTING CITY CLERK: Second Ordinance, 14 Amending Chapter 334, Rent Stabilization, of the 15 Revised General Ordinances of the City of Union 16 City. 17 MAYOR STACK: I’ll make a motion. 18 I’m sorry. 19 Anyone wishing to comment on this Ordinance 20 at this time, please step forward, state your 21 name and address for the record. 22 You could do it right over here, Mr. Price. 23 MR. PRICE: Larry Price, 1006 Palisade Ave. 24 I’m not directly affected by this but I 25 make the following comment based on whatever.  9 1 I’ve always been surprised at the prices at 2 which multi-family houses sold for in Union City. 3 It’s not unusual that they sell at 10 or 12 times 4 the rent roll. 5 And I always ask why? Because this doesn’t 6 make any sense. I mean you’re -- somebody’s 7 making a four or five percent investment, which 8 even in this day and age doesn’t make sense. 9 And it finally dawns on me if these RURAs 10 are important to those calculations because a guy 11 can buy a building at four percent, whatever, but 12 then he gets a vacancy, he puts $20,000.00 in, he 13 takes the apartment from $600.00 a month to 1200, 14 he’s collecting another $7,000.00 a year on a 15 $20,000.00 investment. 16 The incremental -- the ownership of the 17 building gives him the -- essentially the right 18 under these RURAs to make very, very profitable 19 investments. 20 Okay, you’re taking that away. And I think 21 that you’re going to find down the road that you 22 have affected the valuations of multi-family 23 buildings in this City. And since tax 24 assessments are based on market value, I think 25 you’re gonna find in a year or two that owners  10 1 are going to be coming in with tax appeals and 2 they are probably going to prevail. 3 And so the -- you know, that’s the source 4 of our money. So, I would -- 5 You know, we always have to be aware, if we 6 can be, of unintended consequences. I think the 7 unintended consequence of this might be that you 8 find municipal revenues are falling, you know, 9 soon. 10 Thank you. 11 MAYOR STACK: Just a comment I’d like to 12 make. 13 The unintended consequences of this -- of 14 the Ordinance of the RURAs and the RPAs, whatever 15 they were called over the years, were that you 16 artificially inflated rents for poor families in 17 Union City, did very little or no improvements to 18 buildings, and out-of-town landlords -- not your 19 small mom and pop landlord that owns a one, two 20 or three family house but your out-of-town 21 landlords who own multiple dwelling buildings and 22 multiple buildings all over the City and all over 23 the County pocket money and don’t even spend the 24 money here. And in the process hurt low income 25 tenants that we want to keep in Union City.  11 1 The fiber and the fabric of Union City is 2 built to the people who live here and the people 3 who’ve always lived here. And they shouldn’t be 4 priced out. 5 Had I had my druthers this is something 6 that never would have been implemented into the 7 Rent Control Ordinance in Union City. 8 Real estate in Union City, under the 9 Ordinance, is probably the only business you can 10 go into you’re guaranteed a return on your 11 investment. 12 Whether if you went into the stock market, 13 you went into any other business, there’s no 14 guarantee, except real estate. That’s the only 15 place that you’ll have a guarantee on your 16 investment. 17 So maintaining affordable housing for the 18 families who live here is very, very important to 19 this Board of Commissioners. Tax appeals are 20 always gonna be there. They’re always gonna be 21 there. We have them now. We had them in the 22 past. They’re always gonna be there. But -- and 23 they’re always gonna file appeals. They’re 24 filing them now even with the RORAs. 25 So, maintaining the people who live here  12 1 and not becoming where you have a situation where 2 people can’t afford to live there -- such as what 3 took place in the eighties and the nineties in 4 Hoboken -- I’m not gonna sit here as the Mayor 5 and allow. 6 The people who elected this Board of 7 Commissioners elected us to lead the City, not 8 chase them out of here and out-price them out of 9 here with gouging rents. 10 And very little improvements go into these 11 buildings. 12 Mr. Price made a very good point. What 13 they get on each of the apartments and very 14 little improvements go into these buildings. 15 So I feel very comfortable with that. 16 Anyone else on the Ordinance? 17 Seeing no other, I vote -- 18 I’m sorry. 19 Seeing no other, motion to close. 20 ACTING CITY CLERK: Motion to adopt. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Mayor Stack. 23 Second by Commissioner Valdivia. 24 Roll call. 25 Commissioner Fernandez?  13 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 ACTING CITY CLERK: The third item is a 12 Consent Agenda. We have 23 items on the 13 Consent -- 14 MS. VANEK: Excuse me, Mr. Clerk? 15 We didn’t to vote to actually adopt. 16 MAYOR STACK: Right. 17 ACTING CITY CLERK: Oh, I’m sorry. 18 MS. VANEK: We voted to close the public 19 hearing. 20 ACTING CITY CLERK: Right. 21 Is there a vote to adopt? 22 MAYOR STACK: Motion. 23 COMMISSIONER MARTINETTI: Second. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 Second by Commissioner Martinetti.  14 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? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 14 CONSENT AGENDA: 15 16 ( 1) Resolution Approving the Payment of Claims 17 ( 2) Resolution Approving the Payment of 18 Concurring Claims 19 ( 3) Resolution Approving the City Payroll for 20 the Period of May 20, 2014 through June 2, 2014 21 and for June 3, 2014 through June 16, 2014 22 ( 4) Resolution Approving the Library Payroll 23 for the Period of May 20, 2014 through June 2, 24 2014 and for June 3, 2014 through June 16, 2014 25 ( 5) Resolution Authorize Advertisement for Bid  15 1 for City Tree Planting Program 2 ( 6) Resolution Authorize the Award of Contract 3 to Driscoll Foods for the 2014 Summer Food 4 Service Program 5 ( 7) Resolution Supporting the Efforts of the 6 Mayors’ Hudson Bergen Light Rail Commission to 7 Extend the HBLRT Line to Bergen County 8 ( 8) Resolution Confirming Disciplinary Action 9 against Liquor License No. 0910-33-021-008 held 10 by California Café t/a La Jor Per Corp., 2002 11 Bergenline Avenue 12 ( 9) Resolution of the City of Union City Board 13 of Commissioners Concerning the Determination of 14 Certain Property Located Within the City Pursuant 15 to the Local Redevelopment Law as an Area in Need 16 of Redevelopment 17 (10) Amended Resolution Appointing Coordinator 18 and Deputy Coordinator of the Office of Emergency 19 Management 20 (11) Resolution Authorizing the Refund of 21 Premium Monies Collected at the Tax Sale 22 (12) Resolution Authorizing Refund of Redemption 23 Monies to Outside Lienholders 24 (13) Resolution Authorizing the Refund of a 25 Duplicate Payment  16 1 (14) Resolution Authorizing the Refund of a Tax 2 Appeal Issued by the Tax Court of New Jersey 3 (15) Resolution Approving Agreement for Payment 4 of Property Tax Bill for Property Known as Block 5 137, Lot 20, 2407 Bergenline Avenue 6 (16) Resolution Approving Agreement for Payment 7 of Property Tax Bill for Property Known as Block 8 186, Lot 22 C002, 816 Palisade Avenue 9 (17) Resolution Approving Agreement for Payment 10 of Property Tax Bill for Property Known as Block 11 128, Lot 11, 511 24th Street 12 (18) Resolution Authorizing an Agreement to Pay 13 Real Estate Tax Bill for Property Known as Block 14 71, Lot 16, 1404-06 Central Avenue 15 (19) Resolution Approving Agreement for Payment 16 of Property Tax Bill for Property Known as Block 17 88, Lot 6 C003L, 1619 Palisade Avenue 18 (20) Resolution Approving Agreement for Payment 19 of Property Tax Bill for Property Known as Block 20 53, Lot 29, 1108 West Street 21 (21) Resolution Approving Agreement for Payment 22 of Property Tax Bill for Property Known as Block 23 95, Lot 17, 915 18th Street 24 (22) Resolution Approving Agreement for Payment 25 of Property Tax Bill for Property Known as Block  17 th 1 223, Lot 28, 145-38 Street 2 (23) Resolution Approving Agreement for Payment 3 of Property Tax Bill for Property Known as Block 4 171, Lot 15, 721-25 Sip Street 5 (24) Any other matter of City business that may 6 arise 7 8 ACTING CITY CLERK: Third item’s the 9 Consent Agenda. There are 23 items tonight on 10 the Consent Agenda. 11 First is Resolution Approving the Payments 12 of Claim. 13 Second. 14 Resolution Approving the Payment of 15 Concurring Claims. 16 Third. 17 Resolution Approving the City Payroll for 18 the Period of May 20th, 2014 through June 2nd, 19 2014 and for June 3rd, 2014 through June 16th, 20 2014. 21 Item 4. 22 Resolution Approving the Library Payroll 23 for the Period of May 20th, 2014 through June 2nd, 24 2014 and for June 3rd, 2014 through June 16th, 25 2014.  18 1 Item 5. 2 Resolution Authorizing -- Authorize 3 Advertising for Bid for City Tree Planting 4 Program. 5 Item 6. 6 Resolution Authorize the Award of Contract 7 to Driscoll Foods for the 2014 Summer Food 8 Service Program. 9 Item 7. 10 Resolution Supporting the Efforts of the 11 Mayors’ Hudson Bergen Light Rail Commission to 12 Extend the HBLRT Line to Bergen County. 13 Item 8. 14 Resolution Confirming Disciplinary Action 15 against Liquor License number 0910-33-021-008 16 held by California Café also known as La Jor Per 17 Corp., 2002 Bergenline Avenue. 18 Item 9. 19 Resolution of the City of Union City Board 20 of Commissioners Concerning the Determination of 21 Certain Property Located Within the City Pursuant 22 to the Local Redevelopment Law of an Area in Need 23 of Redevelopment. 24 Item 10. 25 Amended Resolution Appointing Coordinator  19 1 and Deputy Coordinator of the Office of the 2 Emergency Management. 3 Item 11. 4 Resolution Authorizing the Refund of 5 Premium Monies Collected at Tax Sale. 6 Item 12. 7 Resolution Authorizing Refund of Redemption 8 Monies to Outside Lienholders. 9 Item 13. 10 Resolution Authorizing the Refund of a 11 Duplicate Payment. 12 Item 14. 13 Resolution Authorizing the Refund of a Tax 14 Appeal Issued by the Tax Court of New Jersey. 15 Item 15. 16 Resolution Approving Agreement for Payment 17 of Property Tax Bill for Property Known as Block 18 137, Lot 20, 2407 Bergenline Avenue. 19 Item 16. 20 Resolution Approving Agreement for Payment 21 of Property Tax Bill for Property Known as Block 22 186, Lot 22 C002, 816 Palisade Avenue. 23 Item 17. 24 Resolution Approving Agreement for Payment 25 of Property Tax Bill for Property Known as Block  20 th 1 128, Lot 11, 511 24 Street. 2 Item 18. 3 Resolution Authorizing an Agreement to Pay 4 Real Estate Tax Bill for Property Known as Block 5 71, Lot 16, 1404-06 Central Avenue. 6 Item 19. 7 Resolution Approving Agreement for Payment 8 of Property Tax Bill for Property Known as Block 9 88, Lot 6 C003L, 1619 Palisade Avenue. 10 Item 20. 11 Resolution Approving Agreement for Payment 12 of Property Tax Bill for Property Known as Block 13 53, Lot 29, 1108 West Street. 14 Item 21. 15 Resolution Approving Agreement for Payment 16 of Property Tax Bill for Property Known as Block 17 95, Lot 17, 915 18th Street. 18 Item 22. 19 Resolution Approving Agreement for Payment 20 of Property Tax Bill for Property Known as Block 21 223, Lot 28, 145-38th Street. 22 Item 23. 23 Resolution Approving Agreement for Payment 24 of Property Tax Bill for Property Known as Block 25 171, Lot 15, 721-25 Street -- 25 Sip Street.  21 1 Mayor, do you want to -- do you wish to 2 take public comment -- 3 MAYOR STACK: Sure. 4 ACTING CITY CLERK: -- at this time? 5 MAYOR STACK: Anyone wishing to comment on 6 the Consent Agenda, please step forward, state 7 your name and address for the record. 8 MS. PONTUS: Kathie Pontus, 512 39 th Street. 9 Number 9, certain property, which property 10 is that for redevelopment? 11 MAYOR STACK: Christine? 12 Sure. 13 Christine? 14 MS. VANEK: Mayor, that is the Manhattan 15 Avenue area. 16 And this Resolution authorizes the Planning 17 Board to consider having David Spatz do a 18 supplemental report reviewing the condition of 19 the property to see if it still meets the 20 criteria required to designate it as an area in 21 need of redevelopment. 22 MAYOR STACK: It’s just basically an 23 update. 24 MS. PONTUS: Okay. 25 Because that other guy still owns all of  22 1 that, right, -- 2 MAYOR STACK: Yes, he does. 3 MS. PONTUS: -- that wants to -- 4 MAYOR STACK: This is just an update, 5 Kathie. 6 MS. PONTUS: -- develop it or whatever. 7 MAYOR STACK: It’s just a point of 8 formality. 9 MS. VANEK: The last report was from 2009. 10 MAYOR STACK: Right. 11 MS. VANEK: So he needs to look at it again 12 and see if it’s still -- 13 MS. PONTUS: Right. 14 MS. VANEK: -- in the same condition -- 15 MS. PONTUS: And that includes -- 16 MS. VANEK: -- or worse. 17 MS. PONTUS: -- the Mountain Road part, as 18 well as the Manhattan Avenue -- 19 MAYOR STACK: It does. 20 MS. VANEK: It goes along there, yes. 21 MS. PONTUS: Yes. 22 Okay, thank you. 23 MAYOR STACK: It does. 24 Sure. 25 Anyone else wishing to comment on the  23 1 Consent Agenda? 2 Sure. 3 MS. BERRY: Hi, everybody. 4 ACTING CITY CLERK: Hi. 5 MS. BERRY: Question 10. Do we know who’s 6 appointed and what their salaries are gonna be? 7 MAYOR STACK: Christine? 8 MS. VANEK: Sure. 9 The Coordinator is Detective Jose Martinez 10 and he gets a stipend of $12,000.00. 11 And the Deputy Coordinator is Henry Munker 12 and he gets a stipend of ten. 13 MS. BERRY: Okay. Don’t we have some -- an 14 emergency management? 15 MS. VANEK: We do. We do. 16 MS. BERRY: But we have no -- no executives 17 at that -- of that program? 18 We’re just making them now? 19 MAYOR STACK: No, we do. 20 MS. BERRY: No one oversees that? 21 MAYOR STACK: We do. We do. 22 MS. BERRY: Oh. 23 MAYOR STACK: We do. 24 MS. VANEK: Pursuant to State Statute we 25 have to do -- we have to do a Resolution  24 1 appointing them every period -- 2 MS. BERRY: Oh. Okay. 3 MS. VANEK: -- every year, every year too. 4 MS. BERRY: All right. 5 Also, question -- I’m sorry -- 13. What 6 duplicate payment? 7 MS. VANEK: I believe that was with regard 8 to 500 Central Avenue and I believe it was the 9 property tax owner paid one quarter twice and we 10 are -- 11 MS. BERRY: Oh, okay. 12 MS. VANEK: -- refunding the payment. 13 MS. BERRY: It was just a tax overpayment? 14 MS. VANEK: Yes. 15 MAYOR STACK: Yes. 16 MS. BERRY: Okay. 17 Thank you. 18 MAYOR STACK: Anyone else on the Consent 19 Agenda? 20 ACTING CITY CLERK: Is there a motion? 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: Motion to close public 23 comment. 24 Motion made by Mayor Stack. 25 COMMISSIONER VALDIVIA: Second.  25 1 ACTING CITY CLERK: Second by Commissioner 2 Valdivia. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes, with the 6 exception of number 9, as it pertains pursuant to 7 Local Redevelopment Law. 8 Otherwise, yes. 9 ACTING CITY CLERK: Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 ACTING CITY CLERK: Is there a motion to 19 approve all items on the Consent Agenda? 20 COMMISSIONER RIVAS: Motion. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Motion made by 23 Commissioner Rivas. 24 Second by Commissioner Valdivia. 25 Roll call.  26 1 Commissioner Fernandez; except item 9? 2 COMMISSIONER FERNANDEZ: That’s correct, 3 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? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 14 ORDINANCE(S) FOR INTRODUCTION: 15 16 1. ORDINANCE AMENDING AN ORDINANCE 17 ESTABLISHING RESIDENCY REQUIREMENTS FOR UNION 18 CITY EMPLOYEES 19 20 ACTING CITY CLERK: The fourth item is an 21 Ordinance for Introduction. The Ordinance will 22 be further considered at a meeting of the Board 23 of Commissioners to be held on July 1 st, 2014 at 24 six p.m. at the Holy Rosary Senior Residence, 25 1509 Bergenline Avenue, Union City, New Jersey.  27 1 Ordinance Amending an Ordinance 2 Establishing Residency Requirements for Union 3 City Employees. 4 MAYOR STACK: Christine, do you want to 5 just explain that Ordinance please? 6 MS. VANEK: Sure. 7 We recently passed an Ordinance 8 establishing a residency policy, pursuant to the 9 State’s requirements. 10 They require us to consider Union City 11 residents first in hiring. And they’ve required 12 us to make an amendment to that Ordinance to 13 separate out the requirements for the Police 14 Department. It’s a technicality and they 15 required us to do the Ordinance over again. 16 MR. PRICE: Could I ask one question? 17 MAYOR STACK: Sure. 18 MR. PRICE: The published -- 19 ACTING CITY CLERK: Mr. Price, can you -- 20 MAYOR STACK: Larry Price; for the record. 21 ACTING CITY CLERK: -- say your name? 22 MR. PRICE: Oh, Larry Price, 10 -- yeah. 23 The published agenda, it says July 1st 24 there’s a meeting at seven p.m.; this says six 25 p.m.  28 1 ACTING CITY CLERK: Yeah, there’s going to 2 be a change. I’m going to notice that. 3 MR. PRICE: It will be at six p.m.? 4 MAYOR STACK: It will be at six p.m. 5 ACTING CITY CLERK: Yeah, it will be at six 6 p.m. 7 MAYOR STACK: And where is that meeting? 8 MS. VANEK: Holy -- 9 MAYOR STACK: Holy Rosary? 10 MS. VANEK: Yes. 11 ACTING CITY CLERK: Holy Rosary. 12 MAYOR STACK: 1509 Bergenline -- but there 13 will be a notice. 14 ACTING CITY CLERK: Yeah. 15 MR. PRICE: Yeah. 16 ACTING CITY CLERK: Anybody else? 17 Is there a motion to introduce? 18 MAYOR STACK: Motion. 19 ACTING CITY CLERK: Motion made by Mayor 20 Stack. 21 COMMISSIONER RIVAS: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Rivas. 24 Roll call. 25 Commissioner Fernandez?  29 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 REGULAR AGENDA: 13 14 1. Resolution Approving the Redevelopment 15 Agency Payroll for the Period of May 20, 2014 16 through June 2, 2014 and for June 3, 2014 through 17 June 16, 2014 18 19 ACTING CITY CLERK: The fifth item is the 20 Regular Agenda. 21 The first item is a Resolution Approving 22 the Redevelopment Agency Payroll for the Period 23 of May 20th, 2014 through June 2nd, 2014 and for 24 June 3rd, 2014 through June 16th, 2014. 25 Is there a motion --  30 1 MS. VANEK: Mayor, we recommend that 2 Commissioner Fernandez recuse from this matter. 3 MAYOR STACK: I’ll make a motion. 4 COMMISSIONER RIVAS: I’ll second it. 5 ACTING CITY CLERK: Motion made by Mayor 6 Stack. 7 Second by Commissioner Rivas. 8 Roll call. 9 Commissioner Fernandez; recusing. 10 Commissioner Rivas? 11 COMMISSIONER RIVAS: Yes. 12 ACTING CITY CLERK: Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Yes. 14 ACTING CITY CLERK: Commissioner 15 Martinetti? 16 COMMISSIONER MARTINETTI: Yes. 17 ACTING CITY CLERK: Mayor Stack? 18 MAYOR STACK: Yes. 19 20 REGULAR AGENDA: 21 22 2. Resolution Authorizing and Direct the 23 Treasurer to Transfer Funds 24 25 ACTING CITY CLERK: Second item is a  31 1 Resolution Authorizing and Direct the Treasurer 2 to Transfer Funds. 3 MS. VANEK: Mayor, we recommend that 4 Commissioner Martinetti recuse from this matter. 5 MAYOR STACK: I’ll move it. 6 COMMISSIONER RIVAS: I’ll second it. 7 ACTING CITY CLERK: Motion made by Mayor 8 Stack. 9 Second by Commissioner Rivas. 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 3. Resolution to Authorize Payment to the 25 Union City Redevelopment Agency  32 1 2 ACTING CITY CLERK: Third item is a 3 Resolution to Authorize Payment to the Union City 4 Redevelopment Agency. 5 MS. VANEK: Mayor, we recommend that 6 Commissioner Fernandez recuse himself from this 7 matter. 8 MAYOR STACK: I’ll move it. 9 COMMISSIONER MARTINETTI: Second. 10 ACTING CITY CLERK: Motion made by Mayor 11 Stack. 12 Second by Commissioner Martinetti. 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? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 25 REGULAR AGENDA:  33 1 2 4. Resolution Granting Application for Change 3 in Corporate Structure of A&C 2004 Corp., Owner 4 of Liquor License #0910-33-149-005 Located at 414 5 38th Street, Union City 6 7 ACTING CITY CLERK: Fourth item. 8 Resolution Granting Application for Change 9 in Corporate Structure of A and C 2004 Corp., 10 Owner of Liquor License number 0910-33-149-005, 11 located at 414 38th Street, Union City. 12 MS. VANEK: Mayor, we recommend that 13 Commissioner Martinetti recuse from this matter 14 and number 5. 15 MAYOR STACK: All they’re doing is changing 16 what, the corporate officers? 17 MS. VANEK: They are. 18 Right now there are two corporate officers; 19 they own 50 percent of the license each. And 20 then they’re being transferred to 100 percent 21 being held by one of the current officers. 22 So there’s no one new being added to the 23 corporation. 24 MAYOR STACK: Okay. 25 Very good.  34 1 ACTING CITY CLERK: Is there a motion? 2 COMMISSIONER VALDIVIA: Motion. 3 MAYOR STACK: Motion. 4 ACTING CITY CLERK: Motion made by Mayor 5 Stack. 6 Second by Commissioner Valdivia. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Yes. 10 ACTING CITY CLERK: Commissioner Rivas? 11 COMMISSIONER RIVAS: Yes. 12 ACTING CITY CLERK: Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Yes. 14 ACTING CITY CLERK: Commissioner 15 Martinetti; recusing. 16 Mayor Stack? 17 MAYOR STACK: Yes. 18 19 REGULAR AGENDA: 20 21 5. Resolution Granting Application for Change 22 in Corporate Structure of 2216 Bergenline Avenue, 23 LLC, Owner of Liquor License #0910-33-166-005 24 25 ACTING CITY CLERK: Item 5.  35 1 Resolution Granting Application for Change 2 in Corporate Structure of 2216 Bergenline Avenue, 3 LLC, Owner of Liquor License number 0910-33-166- 4 005. 5 Is there a motion? 6 MAYOR STACK: This is the same thing? 7 MS. VANEK: Same exact scenario, Mayor. 8 MAYOR STACK: Okay. 9 I’ll move it. 10 ACTING CITY CLERK: Motion made by Mayor 11 Stack. 12 COMMISSIONER VALDIVIA: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Valdivia. 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.  36 1 2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 3 4 ACTING CITY CLERK: Mayor, do you wish to 5 take public comment at this time? 6 MAYOR STACK: Yes we do. 7 Anyone wishing to comment at this time, 8 please step forward, state your name and address 9 for the record. 10 MS. PONTUS: Kathie Pontus, 512 39th 11 Street. 12 Brian, some time ago we discussed The Blue 13 Chapel and you had told me you were gonna get to 14 me; you were expecting contact from Father Izzo 15 and that once you spoke to him you would let me 16 know how it went. 17 I was wondering, did that ever happen? 18 MAYOR STACK: We’ve had no more contact. 19 MS. PONTUS: And where it stands right now? 20 I’m hearing all kinds of Union City 21 folklore about what’s supposed to be happening -- 22 MAYOR STACK: Right. 23 MS. PONTUS: -- with the -- 24 MAYOR STACK: Nothing -- there’s no been no 25 plans obviously proposed, Kathie. But there’s  37 1 been no contact with them at all. 2 There was another Father who reached out; 3 said he would follow -- 4 MS. PONTUS: Father Luigi. 5 MAYOR STACK: He never got back to us 6 though. And we left a message there. 7 MS. PONTUS: Do you know if -- I know he 8 was from Elizabeth. 9 MAYOR STACK: I’m not sure about that. 10 MS. PONTUS: Do you know exactly -- 11 MAYOR STACK: I’m not sure about that, no. 12 MS. PONTUS: Yeah, he said he had a 13 facility in Elizabeth; it was a teaching 14 facility. I don’t want to jump and say a 15 seminary but -- 16 MAYOR STACK: Right. 17 MS. PONTUS: -- something along those 18 lines. And he was interested in a couple of 19 things, as I’m sure you well know. 20 MAYOR STACK: Right. 21 MS. PONTUS: But I ran into him with the 22 real estate guy, who I’m sure you know, Dave -- 23 I have his card in my pocket. I’ll let you 24 know after. 25 But they were actively -- he even spoke to  38 1 Father Izzo. I don’t know if he told you that? 2 MAYOR STACK: No, he didn’t. No. 3 MS. PONTUS: He had spoken to Father Izzo 4 over the phone from Italy. Because that’s where 5 Father Izzo is stationed now. 6 But I thought by now maybe you had some 7 kind of -- 8 MAYOR STACK: No. 9 Some time ago -- and, Kathie, I couldn’t 10 even tell you the exact date but some time ago -- 11 God, nine, ten months ago, I spoke to Father Izzo 12 on the phone and he said to me he would follow-up 13 with me, that he was in Rome. In fact, he called 14 me from Rome. He said -- 15 MS. PONTUS: He’s stationed there now. 16 MAYOR STACK: Right. He was in Rome but he 17 was gonna be back this way and he would reach out 18 for me when he was back but there’s been no 19 further contact, no. 20 MS. PONTUS: Were you -- 21 MAYOR STACK: But there’s been no further 22 contact with them at all and we’ve seen really 23 not too much movement at all over there. 24 MS. PONTUS: Uh-huh. 25 MAYOR STACK: Right.  39 1 MS. PONTUS: Because, like I said, I’ve 2 been hearing they’re gonna make it this, they’re 3 gonna -- 4 MAYOR STACK: No. 5 MS. PONTUS: -- make it that. 6 MAYOR STACK: No. 7 MS. PONTUS: I said they can’t make it 8 anything. 9 MAYOR STACK: Absolutely not. 10 MS. PONTUS: This priest hasn’t 11 relinquished anything. 12 MAYOR STACK: No, not at all. 13 MS. PONTUS: He still probably wants his -- 14 MAYOR STACK: As far as we know -- 15 MS. PONTUS: -- four million dollars. 16 MAYOR STACK: -- it’s just status quo right 17 now with that. 18 MS. PONTUS: All right. 19 MAYOR STACK: Yes. 20 MS. PONTUS: I just wanted to know -- 21 MAYOR STACK: If anything changes I’ll 22 definitely let you know. 23 MS. PONTUS: All right. 24 Thank you. 25 MAYOR STACK: Everybody will know.  40 1 Sure. 2 Anyone else wishing to comment on the 3 Consent -- on any matter? 4 I’m sorry. 5 MR. HEINIS: John Heinis, 78 Montclair 6 Ave., Little Falls. 7 So, Mayor, there was an article in The 8 Jersey Journal on Sunday regarding the Hudson 9 County Prosecutor’s Office. 10 As you’re well aware there hasn’t been a 11 Prosecutor for about two years now. 12 MAYOR STACK: Mr. Heinis, you can speak to 13 me about that. This is on Union City matters. 14 I’ll speak to you on that at another time. That 15 concerns my role as a State Senator. 16 MR. HEINIS: Okay. 17 MAYOR STACK: All right? 18 MR. HEINIS: Well, I also wanted to ask you 19 and I mean it’s also about your role as a Senator 20 but I just kind of wanted to throw it out there 21 anyway, regarding pension reform. 22 I know there was an article in The Record 23 talking about some Police and Fire payouts. And 24 then they were talking about a bill that -- I 25 believe it was that you sponsored.  41 1 So I was just wondering if you could give 2 me some of the parameters of that bill and what 3 that would entail? 4 MAYOR STACK: Sure. I’ll be more than 5 happy to talk to you if you reach out for me. 6 MR. HEINIS: Okay. 7 MAYOR STACK: Thank you. 8 MR. HEINIS: Fine. 9 MAYOR STACK: Anyone else wishing to 10 comment on any matter? 11 ACTING CITY CLERK: Motion -- 12 MAYOR STACK: Seeing none. 13 ACTING CITY CLERK: Seeing none. 14 Is there a motion to close the public 15 comment portion of this meeting? 16 COMMISSIONER MARTINETTI: Motion. 17 COMMISSIONER FERNANDEZ: Second. 18 ACTING CITY CLERK: Motion made by 19 Commissioner Martinetti. 20 Second by Commissioner Fernandez. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  42 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 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  43 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. S and R Akshar LLC t/a Good Time Liquors, 4 1314 New York Avenue, Liquor License Number 5 0910-33-045-007 6 7 MAYOR STACK: Liquor hearings now I 8 believe? 9 ACTING CITY CLERK: We have a liquor 10 hearing. 11 MS. VANEK: We have one, Mayor. 12 MAYOR STACK: Okay. 13 Mr. Farmer? 14 MR. FARMER: Yes. 15 We have -- Mayor and Board we have two on 16 for this evening. 17 One is Azucar, which I would ask that we 18 carry because the Police have further 19 investigation with respect to that. 20 * * * 21 22 23 24 25  44 1 S AND R AKSHAR LLC, t/a Good Time Liquors, 1314 2 New York Avenue 3 Liquor License Number 0910-33-045-007 4 5 MR. FARMER: The other one is Good Time 6 Liquor. 7 Mayor, the licensee is here, along with his 8 attorney. And this is an underage drinking case 9 and Mr. Bianciella and myself have worked it out 10 so-to-speak and come up with a ten day 11 suspension. 12 MAYOR STACK: Okay. 13 MR. FARMER: And the days will be -- 14 MR. BIANCIELLA: July 7th to July 16th. 15 MR. FARMER: -- July 7th to July 16th. 16 And I would recommend that that’s a 17 reasonable penalty. 18 They’re gonna plea guilty or non vult, 19 whatever they -- 20 MAYOR STACK: Sure. 21 Just if you could enter your -- 22 MR. BIANCIELLA: Sure. 23 MAYOR STACK: -- appearance on the record? 24 MR. BIANCIELLA: Anthony Bianciella, 23 25 West 8th Street, Bayonne, New Jersey, on behalf of  45 1 the licensee. 2 MR. DILLON: Can you spell that? 3 MR. BIANCIELLA: Sure. 4 It’s like B like boy, I-A-N-C-I-E-L-L-A. 5 MR. DILLON: Thank you very much. 6 MR. BIANCIELLA: You’re welcome. 7 MR. FARMER: And the normal requirements in 8 that there’ll be no application for an appeal and 9 there’ll be no application to transform the ten 10 days into a fine. 11 MR. BIANCIELLA: And that’s agreeable -- 12 MAYOR STACK: Do you have anything you want 13 to add, sir, to any of this or -- 14 MR. BIANCIELLA: No, not at all. 15 MAYOR STACK: You agree with what Mr. 16 Farmer -- 17 MR. BIANCIELLA: I agree with everything 18 and I agree with those additional conditions as 19 well. 20 MAYOR STACK: Okay. 21 Just make sure your client is careful in 22 the future. 23 MR. BIANCIELLA: Yes. 24 MAYOR STACK: Make sure we’re proofing 25 everyone properly, we’re not serving any under  46 1 age; that’s serious. 2 MR. BIANCIELLA: Sure. I agree, Mayor. 3 Thank you. 4 MAYOR STACK: Right. 5 I’ll make a motion to approve. 6 ACTING CITY CLERK: Motion made by Mayor 7 Stack. 8 COMMISSIONER FERNANDEZ: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Fernandez. 11 Roll call. 12 Commissioner Fernandez? 13 MAYOR STACK: Thank you very much. 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: Martinetti? 20 COMMISSIONER MARTINETTI: Yes. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 MR. FARMER: That ends it. 24 ACTING CITY CLERK: That’s it? 25 Is that all?  47 1 MAYOR STACK: I think we have something 2 else. 3 Right? 4 Or no? 5 MR. FARMER: No. 6 MS. VANEK: No, we’re all -- we’re all 7 done. 8 MR. FARMER: We’re done. 9 MS. VANEK: Yes. 10 MAYOR STACK: Okay. 11 Thank you very much, everyone, for 12 attending the meeting. 13 Thank you, everyone. 14 15 ADJOURNMENT: 16 17 ACTING CITY CLERK: There are no other 18 items tonight on the agenda. 19 Is there a motion to close the public -- 20 MAYOR STACK: Motion. 21 COMMISSIONER RIVAS: Second. 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Motion made by Mayor 24 Stack. 25 COMMISSIONER RIVAS: Second.  48 1 Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Rivas. 4 All in favor? 5 6 (Whereupon, there was a chorus of ayes.) 7 8 COMMISSIONER RIVAS: Motion to adjourn. 9 10 (Whereupon, the proceedings were concluded 11 at 7:26 p.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25  49 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin J. 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  50 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, June 17, 2014, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Monitored by: Kevin Dillon, Jr. 25 Proofread by: Deborah Dillon