Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Academy for Enrichment and Advancement 2210 Kerrigan Avenue Union City, New Jersey Tuesday, July 15, 2014 Commencing at 7:00 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR 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: LUCIO P. FERNANDEZ, COMMISSIONER A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: DONALD SCARINCI, ESQ. BY: MONICA E. de los RIOS, ESQ. Corporation Counsel  2 A P P E A R A N C E S: GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission MESSRS. GONZALEZ & CARIDE BY: RAMON M. GONZALEZ, ESQ., Attorney for Mayen Corp. t/a El Trebol  3 I N D E X PAGE CALL TO ORDER 4 SALUTE TO FLAG 4 ROLL CALL 4 APPROVAL OF MINUTES 5 ORDINANCES FOR HEARING AND ADOPTION 6 CONSENT AGENDA 8 ORDINANCES FOR INTRODUCTION 24,25, 27 REGULAR AGENDA 28,29, 30,31, 32,33, 34 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 35 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 38 Mayen Corp. t/a El Trebol 38 ADJOURNMENT 43  4 1 ACTING CITY CLERK: This is the Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, July 15, 4 2014, at seven p.m., at the Academy of Enrichment 5 and Advancement, 2210 Kerrigan Avenue, Union 6 City, New Jersey. 7 Everybody rise for the Pledge of 8 Allegiance. 9 10 (Whereupon the Pledge of Allegiance was 11 said.) 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. 16 Adequate notice of this meeting has been 17 provided as follows: Notice of this meeting 18 setting forth the time, date, location, and the 19 agenda, to the extent known, was forwarded to The 20 Jersey Journal, The Record, and The Hudson 21 Reporter, has been posted on bulletin board in 22 City Hall and has been made available to the 23 public in the office of Municipal Clerk. 24 25 ROLL CALL:  5 1 2 ACTING CITY CLERK: Roll call. 3 Commissioner Fernandez is absent. 4 Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. Here. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Here. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 COMMISSIONER MARTINETTI: Here. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Here. 13 14 APPROVAL OF PREVIOUS MEETING MINUTES OF JUNE 15 23,2014: 16 17 ACTING CITY CLERK: First item is approval 18 of previous meeting minutes. 19 MAYOR STACK: I’ll move it. 20 COMMISSIONER MARTINETTI: Second. 21 ACTING CITY CLERK: Motion made by Mayor 22 Stack. 23 Second by Commissioner Martinetti. 24 Roll call. 25 Commissioner Fernandez; absent.  6 1 Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia? 4 COMMISSIONER VALDIVIA: Yes. 5 ACTING CITY CLERK: Commissioner 6 Martinetti? 7 COMMISSIONER MARTINETTI: Yes. 8 ACTING CITY CLERK: Mayor Stack? 9 MAYOR STACK: Yes. 10 11 ORDINANCES FOR HEARING AND ADOPTION 12 CONSIDERATION: 13 14 1. ORDINANCE AMENDING CHAPTER 4 15 “ADMINISTRATION OF GOVERNMENT” ARTICLE XIII OF 16 THE CODE OF UNION CITY ENTITLED “POLICE 17 DEPARTMENT” 18 19 ACTING CITY CLERK: Second item is an 20 Ordinance for Hearing and Adoption Consideration. 21 Ordinance Amending Chapter 4, 22 Administration of Government Article XIII of the 23 Code of Union City Entitled Police Department. 24 MAYOR STACK: Anyone wishing to comment on 25 this Ordinance at this time, please step forward,  7 1 state your name and address for the record. 2 Seeing none. 3 ACTING CITY CLERK: Is there a motion to 4 close public hearing? 5 COMMISSIONER MARTINETTI: Motion. 6 ACTING CITY CLERK: Motion made by 7 Commissioner Martinetti. 8 COMMISSIONER VALDIVIA: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Valdivia. 11 Roll call. 12 Commissioner Fernandez; absent. 13 Commissioner Rivas? 14 COMMISSIONER RIVAS: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Is there a motion to 20 adopt? 21 COMMISSIONER MARTINETTI: Motion. 22 ACTING CITY CLERK: Motion made by 23 Commissioner Martinetti. 24 COMMISSIONER VALDIVIA: Second. 25 ACTING CITY CLERK: Second by Commissioner  8 1 Valdivia. 2 Roll call. 3 Commissioner Fernandez is absent. 4 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 This additional fee that will be charged to 14 people using a police detail, which is mostly 15 utility companies and stuff like that, will be 16 for the wear and tear on the police car, the cost 17 of gasoline and similar items. 18 19 CONSENT AGENDA: 20 21 ( 1) Resolution Approving the Payment of Claims 22 ( 2) Resolution Approving the Payment of 23 Concurring Claims 24 ( 3) Resolution Approving the City Payroll for 25 the Period of July 1, 2014 through July 15, 2014  9 1 ( 4) Resolution Approving the Library Payroll 2 for the Period of July 1, 2014 through July 15, 3 2014 4 ( 5) Resolution Awarding Raffle License to the 5 Holy Family Church Located at 530-35th Street 6 ( 6) Resolution Approving the Wording on the 7 “Comfort Women Monument” 8 ( 7) Resolution Appointing Two Union City 9 Residents to the Union City Public Library Board 10 of Trustees 11 ( 8) Resolution Designating Loading Zone at 12 Cejas Restaurant, Located at 800 Kennedy Blvd in 13 the City of Union City 14 ( 9) Resolution of the Board of Commissioners of 15 the City of Union City Approving the 2014-2015 16 Renewal of the Yunaris Liquors (Hare Om Inc.), 17 Located at 3196 Kennedy Blvd, Liquor License No. 18 0910-32-171 19 (10) Resolution of the Board of Commissioners of 20 the City of Union City Approving the 2014-2015 21 Renewal of the Bergenline Liquors, Located at 22 3819 Bergenline Avenue, Liquor License No. 23 0910-32-066 24 (11) Resolution of the Board of Commissioners of 25 the City of Union City Approving the 2014-2015  10 1 Renewal of the St Josephs Club, Located at 1400 2 Central Ave, Liquor License No. 0910-31-217 3 (12) Resolution of the Board of Commissioners of 4 the City of Union City Approving the 2014-2015 5 Renewal of the Salinas Bar, Located at 619 New 6 York Avenue, Liquor License No. 0910-33-050 7 (13) Resolution of the Board of Commissioners of 8 the City of Union City Approving the 2014-2015 9 Renewal of the International Liquors, Located at 10 126-43rd Street, Liquor License No. 0910-44-027 11 (14) Resolution of the Board of Commissioners of 12 the City of Union City Approving the 2014-2015 13 Renewal of the Cactus Restaurant, Located at 14 426-32nd Street, Liquor License No. 0910-33-227 15 (15) Resolution of the Board of Commissioners of 16 the City of Union City Approving the 2014-2015 17 Renewal of the El Cobre, Located at 4413-15 18 Bergenline Avenue, Liquor License No. 0910-33-208 19 (16) Resolution of the Board of Commissioners of 20 the City of Union City Approving the 2014-2015 21 Renewal of the La Herradura, Located at 414-24th 22 Street, Liquor License No. 0910-33-117 23 (17) Resolution of the Board of Commissioners of 24 the City of Union City Approving the 2014-2015 25 Renewal of the Los Tejares, Located at 3901  11 1 Bergenline Avenue, Liquor License No. 0910-33-038 2 (18) Resolution of the Board of Commissioners of 3 the City of Union City Approving the 2014-2015 4 Renewal of the Vanessa Bar, Located at 120-43rd 5 Street, Liquor License No. 0910-33-029 6 (19) Resolution of the Board of Commissioners of 7 the City of Union City Approving the 2014-2015 8 Renewal of the Azucar Bar, Located at 421-43rd 9 Street, Liquor License No. 0910-33-003 10 (20) Resolution of the Board of Commissioners of 11 the City of Union City Approving the 2014-2015 12 Renewal of the Universal Liquors, Located at 2117 13 Bergenline Avenue, Liquor License No. 0910-33-195 14 (21) Resolution Requesting Permission for the 15 Dedication by Rider for Battered Wives Fund 16 (22) Resolution Requesting Permission for the 17 Dedication by Rider for Reserve Cultural Center 18 Donations 19 (23) Resolution Requesting Permission for the 20 Dedication by Rider for Disposal of Forfeited 21 Property 22 (24) Resolution Requesting Permission for the 23 Dedication by Rider for Police Special Detail 24 Funds 25 (25) Resolution Requesting Permission for the  12 1 Dedication by Rider for Reserve Bankruptcy Trust 2 Tax Collector 3 (26) Resolution Requesting Permission for the 4 Dedication by Rider for Reserve for Court Bail 5 (27) Resolution Requesting Permission for the 6 Dedication by Rider for Reserve for Outside Lien 7 Holders 8 (28) Resolution Requesting Permission for the 9 Dedication by Rider for Reserve for Dare 10 Donations 11 (29) Resolution Requesting Permission for the 12 Dedication by Rider for Reserve for EMS 13 (30) Resolution Requesting Permission for the 14 Dedication by Rider for Reserve for Parking 15 Authority Surcharge 16 (31) Resolution Requesting Permission for the 17 Dedication by Rider for Reserve for DEA-UCLET 18 (32) Resolution Requesting Permission for the 19 Dedication by Rider for Reserve for Outside Lien 20 Holders - New 21 (33) Resolution Requesting Permission for the 22 Dedication by Rider for Reserve for Prisoner’s 23 Property 24 (34) Resolution Requesting Permission for the 25 Dedication by Rider for Reserve for Recycling  13 1 Trust Funds 2 (35) Resolution Requesting Permission for the 3 Dedication by Rider for Reserve for Unemployment 4 Insurance 5 (36) Resolution Requesting Permission for the 6 Dedication by Rider for Reserve for Forfeited 7 Property-HCLET 8 (37) Resolution Requesting Permission for the 9 Dedication by Rider for Reserve for Rent Control 10 Hardships 11 (38) Resolution Requesting Permission for the 12 Dedication by Rider for Reserve for Swimming 13 Pools 14 (39) Resolution Requesting Permission for the 15 Dedication by Rider for Reserve for Self 16 Insurance Trust 17 (40) Resolution Requesting Permission for the 18 Dedication by Rider for Reserve for Tree 19 Donations 20 (41) Resolution Requesting Permission for the 21 Dedication by Rider for Reserve for Soccer 22 Program-2 23 (42) Resolution Requesting Permission for the 24 Dedication by Rider for Reserve for Tax Sale 25 Premium  14 1 (43) Resolution Requesting Permission for the 2 Dedication by Rider for Reserve for Tenants 3 Accounting Escrow 4 (44) Resolution Approving Contracts with Horizon 5 Blue Cross and Blue Shield of New Jersey for 6 Dental and Medical Coverage for Union City 7 Employees 8 (45) Resolution Authorizing the Recommendation 9 of the Tax Collector to Cancel the Tax Sale 10 Certificate #14-618 of Property located at 4801 11 Palisade Avenue, Block 280, Lot 1 C002A 12 (46) Resolution Authorizing Refund of Redemption 13 Monies to Outside Lienholders 14 (47) Resolution Authorizing the Refund of 15 Premium Monies Collected at the Tax Sale 16 (48) Any other matter of City business that may 17 arise 18 19 ACTING CITY CLERK: Next item is the 20 Consent Agenda. 21 The first item is a Resolution Approving 22 the Payments of Claims. 23 Second. 24 A Resolution Approving the Payment of 25 Concurring Claims.  15 1 Third. 2 Resolution Approving the City Payroll, 3 Period of July 1st, 2014 through July 15th, 2014. 4 Four. 5 Resolution Approving the Library Payroll, 6 the Period of July 1st, 2014 through July 15, 7 2014. 8 Item 5. 9 Resolution Awarding Raffle License to the 10 Holy Family Church Located at 530-35th Street. 11 Item 6. 12 Resolution Approving the Wording on the 13 Comfort Woman (sic) Monument. 14 Item 7. 15 Resolution Appointing Two Union City 16 Residents to the Union City Public Library Board 17 of Trustee. 18 Item 8. 19 Resolution Designating Loading Zone at 20 Cejas Restaurant, Located at 800 Kennedy 21 Boulevard in the City of Union City. 22 Item 9. 23 Resolution of the Board of Commissioners of 24 the City of Union City Approving the 2014-‘15 25 Renewal of the Yunaris Liquors, Hare Om Inc.,  16 1 Located at 3196 Kennedy Boulevard, Liquor License 2 number 0910-32-171. 3 Item 10. 4 Resolution of the Board of Commissioners of 5 the City of Union City Approving the 2014-‘15 6 Renewal of the Bergenline Liquors, Located at 7 3819 Bergenline Avenue, Liquor License number 8 0910-32-066. 9 Item 11. 10 Resolution of the Board of Commissioners of 11 the City of Union City Approving the 2014-2015 12 Renewal of the Saint Joseph Club, Located 1400 13 Central Avenue, Liquor License number 0910-31- 14 217. 15 Item 12. 16 Resolution of the Board of Commissioners of 17 the City of Union City Approving the 2014-‘15 18 Renewal of the Salinas Bar, Located at 619 New 19 York Avenue, Liquor License number 0910-33-050. 20 Item 13. 21 Resolution of the Board of Commissioners of 22 the City of Union City Approving the 2014-‘15 23 Renewal of the International Liquors, Located at 24 126-43rd Street, Liquor License number 0910-44- 25 027.  17 1 Item 14. 2 Resolution of the Board of Commissioners of 3 the City of Union City Approving the 2014-‘15 4 Renewal of the Cactus Restaurant, Located at 5 426-32nd Street, Liquor License number 0910-33- 6 227. 7 Item 15. 8 Resolution of the Board of Commissioners of 9 the City of Union City Approving the 2014-‘15 10 Renewal of the El Cobre, Located at 4413-15 11 Bergenline Avenue, Liquor License number 12 0910-33-208. 13 Item 16. 14 Resolution of the Board of Commissioners of 15 the City of Union City Approving the 2014-2015 16 Renewal of the La Herradura, Located at 414-24th 17 Street, Liquor License number 0910-33-117. 18 Item 17. 19 Resolution of the Board of Commissioners of 20 the City of Union City Approving the 2014-2015 21 Renewal of the Los Tejares, Located at 3901 22 Bergenline Avenue, Liquor License number 0910-33- 23 038. 24 Item 18. 25 Resolution of the Board of Commissioners of  18 1 the City of Union City Approving the 2014-2015 2 Renewal of the Vanessa Bar, Located at 120-43rd 3 Street, Liquor License number 0910-33-029. 4 Item 19. 5 Resolution of the Board of Commissioners of 6 the City of Union City Approving the 2014-2015 7 Renewal of the Azucar Bar, Located at 421-43rd 8 Street, Liquor License number 0910-33-003. 9 Item 20. 10 Resolution of the Board of Commissioners of 11 the City of Union City Approving the 2014-2015 12 Renewal of the Universal Liquors, Located at 2117 13 Bergenline Avenue, Liquor License number 0910-33- 14 195. 15 Item 21. 16 Resolution Requesting Permission for the 17 Dedication by Rider for Battered Wives Fund. 18 Item 22. 19 Resolution Requesting Permission for the 20 Dedication by Rider for Reserve Cultural Center 21 Donations. 22 Item 23. 23 Resolution Requesting Permission for the 24 Dedication by Rider for Disposal of Forfeited 25 Property.  19 1 Item 24. 2 Resolution Requesting Permission for the 3 Dedication by Rider for Police Special Detail 4 Funds. 5 Item 25. 6 Resolution Requesting Permission for the 7 Dedication by Rider for Reserve Bankruptcy Trust 8 Tax Collector. 9 Number 26. 10 Resolution Requesting Permission for the 11 Dedication by Rider for Reserve for Court Bail. 12 Item 27. 13 Resolution Requesting Permission for the 14 Dedication by Rider for Reserve for Outside 15 Lienholders. 16 Item 28. 17 Resolution Requesting Permission for the 18 Dedication by Rider for Reserve for Dare 19 Donations. 20 Item 29. 21 Resolution Requesting Permission for the 22 Dedication by Rider for Reserve for EMS. 23 Item 30. 24 Resolution Requesting Permission for the 25 Dedication by Rider for Reserve for Parking  20 1 Authority Surcharge. 2 Item 31. 3 Resolution Requesting Permission for the 4 Dedication by Rider for Reserve for DEA-UCLET. 5 Item 32. 6 Resolution Requesting Permission for the 7 Dedication by Rider for Reserve for Outside 8 Lienholders, New. 9 Item 33. 10 Resolution Requesting Permission for the 11 Dedication by Rider for Reserve for Prisoner’s 12 Property. 13 Item 34. 14 Resolution Requesting Permission for the 15 Dedication by Rider for Reserve for Recycling 16 Trust Funds. 17 Item 35. 18 Resolution Requesting Permission for the 19 Dedication by Rider for Reserve for Unemployment 20 Insurance. 21 Item 36. 22 Resolution Requesting Permission for the 23 Dedication by Rider for Reserve for Forfeited 24 Property-HCLET. 25 Item 37.  21 1 Resolution Requesting Permission for the 2 Dedication by Rider for Reserve for Rent Control 3 Hardships. 4 Item 38. 5 Resolution Requesting Permission for the 6 Dedication by Rider for Reserve for Swimming 7 Pools. 8 Item 39. 9 Resolution Requesting Permission for the 10 Dedication by Rider for Reserve for Self 11 Insurance Trust. 12 Item 40. 13 Resolution Requesting Permission for the 14 Dedication by Rider for Reserve for Tree 15 Donations. 16 Item 41. 17 Resolution Requesting Permission for the 18 Dedication by Rider for Reserve for Soccer 19 Program-2. 20 Item 42. 21 Resolution Requesting Permission for the 22 Dedication by Rider for Reserve for Tax Sale 23 Premium. 24 Item 43. 25 Resolution Requesting Permission for the  22 1 Dedication by Rider for Reserve for Tenants 2 Accounting Escrow. 3 Item 44. 4 Resolution Approving Contracts with Horizon 5 Blue Cross and Blue Shield of New Jersey for 6 Dental and Medical Coverage for Union City 7 Employees. 8 Item 45. 9 Resolution Authorizing the Recommendation 10 of the Tax Collector to Cancel the Tax Sale 11 Certificate number 14-618 of Property located at 12 4801 Palisade Avenue, Block 280, Lot 1 C002A. 13 Item 46. 14 Resolution Authorizing Refund for 15 Redemption Money to Outside Lienholders. 16 Item 47. 17 Resolution Authorizing the Refund of 18 Premium Money Collected at Tax Sale. 19 Mayor, do you wish to take public -- 20 MAYOR STACK: Sure. 21 ACTING CITY CLERK: -- comment at this 22 time? 23 MAYOR STACK: Anyone wishing to comment on 24 the Consent Agenda, please step forward, state 25 your name and address for the record.  23 1 Seeing none. 2 ACTING CITY CLERK: Is there -- 3 COMMISSIONER MARTINETTI: Motion to close. 4 ACTING CITY CLERK: Is there a motion? 5 MAYOR STACK: Motion to close. 6 COMMISSIONER MARTINETTI: Second. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 Second by Commissioner Martinetti. 9 Roll call. 10 Commissioner Fernandez; absent. 11 Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 ACTING CITY CLERK: Is there a motion to 21 approve all items on the Consent Agenda? 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Motion made by Mayor 24 Stack. 25 COMMISSIONER VALDIVIA: Second.  24 1 ACTING CITY CLERK: Second by Commissioner 2 Valdivia. 3 Roll call. 4 Commissioner Fernandez; absent. 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 Commissioner Fernandez is not with us this 15 evening; he had a family emergency. 16 17 ORDINANCE(S) FOR INTRODUCTION: 18 19 1. ORDINANCE REQUIRING BAITING FOR MICE AND 20 RATS IN VACANT BUILDINGS 21 22 ACTING CITY CLERK: Next item is an 23 Ordinance for Introduction. This Ordinance will 24 be further considered at a meeting of the Board 25 of Commissioners to be held on August 5th, 2014 at  25 1 seven p.m. at the William V. Musto Cultural 2 Center, 420 15th Street, Union City, New Jersey. 3 First Ordinance is an Ordinance Requiring 4 Baiting for Mice and Rats in Vacant Buildings. 5 MAYOR STACK: I’ll make a motion. 6 ACTING CITY CLERK: Motion made by Mayor 7 Stack. 8 COMMISSIONER RIVAS: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Rivas. 11 Roll call. 12 Commissioner Fernandez; absent. 13 Commissioner Rivas? 14 COMMISSIONER RIVAS: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: Yes. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 23 ORDINANCE(S) FOR INTRODUCTION: 24 25 2. ORDINANCE AMENDING CHAPTER 223 “LAND  26 1 DEVELOPMENT”, SECTION 12 OF THE CODE OF UNION 2 CITY ENTITLED “CONSTRUCTION REQUIREMENTS” 3 4 ACTING CITY CLERK: Second. 5 Ordinance Amending Chapter 223, Land 6 Development, Section 12 of the Code of Union 7 City, Entitled Construction Requirements. 8 Is there a motion? 9 MAYOR STACK: Motion. 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; absent. 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.  27 1 2 ORDINANCE(S) FOR INTRODUCTION: 3 4 3. AN ORDINANCE AMENDING CHAPTER 223 “LAND 5 DEVELOPMENT” OF THE CODE OF THE CITY OF UNION 6 CITY 7 8 ACTING CITY CLERK: Third Ordinance. 9 An Ordinance Amending Chapter 223 Land 10 Development of the Code of the City of Union 11 City. 12 Is there a motion? 13 MAYOR STACK: Motion. 14 ACTING CITY CLERK: Motion by Mayor Stack. 15 COMMISSIONER RIVAS: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 Rivas. 18 Roll call. 19 Commissioner Fernandez; absent. 20 Commissioner Rivas? 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti?  28 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 5 REGULAR AGENDA: 6 7 1. Resolution Approving the Redevelopment 8 Agency Payroll for the Period of July 1, 2014 9 through July 15, 2014 10 11 ACTING CITY CLERK: Next item is the 12 Regular Agenda. 13 The first item on the Regular Agenda is a 14 Resolution Approving the Redevelopment Agency 15 Payroll of the Period of July 1st, 2014 through 16 July 15th, 2014. 17 MAYOR STACK: I’ll move it. 18 ACTING CITY CLERK: Is there -- 19 COMMISSIONER MARTINETTI: Second. 20 ACTING CITY CLERK: Motion made by Mayor 21 Stack. 22 Second by Commissioner Martinetti. 23 Roll call. 24 Commissioner Fernandez; absent. 25 Commissioner Rivas?  29 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 10 REGULAR AGENDA: 11 12 2. Resolution to Authorize a Budget Transfer 13 of the State Fiscal Year 2014 14 15 ACTING CITY CLERK: Second is a Resolution 16 to Authorize a Budget Transfer of the State 17 Fiscal Year 2014. 18 MAYOR STACK: I’ll move it. 19 ACTING CITY CLERK: Motion made by Mayor 20 Stack. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Valdivia. 24 MS. DILLON: Wait. 25 MS. de los RIOS: Mayor?  30 1 COMMISSIONER RIVAS: Hold on. 2 MS. de los RIOS: Excuse me? 3 At this time we recommend that Commissioner 4 Martinetti recuse herself -- 5 MAYOR STACK: Okay. 6 MS. de los RIOS: -- from items 2 through 7 7. 8 ACTING CITY CLERK: Okay? 9 Roll call. 10 Commissioner Fernandez; absent. 11 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 REGULAR AGENDA: 21 22 3. Resolution Requesting Permission for the 23 Dedication by Rider for Peer Review Engineering 24 Escrow Funds 25  31 1 ACTING CITY CLERK: Item 3. 2 Resolution Requesting Permission for the 3 Dedication by Rider for Peer Review Engineering 4 Escrow Funds. 5 MAYOR STACK: I’ll move it. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Motion made by Mayor 8 Stack. 9 Second by Commissioner Rivas. 10 Roll call. 11 Commissioner Fernandez; absent. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti; recusing. 18 Mayor Stack? 19 MAYOR STACK: Yes. 20 21 REGULAR AGENDA: 22 23 4. Resolution Requesting Permission for the 24 Dedication by Rider for Reserve for Developers 25 Escrow  32 1 2 ACTING CITY CLERK: Item 4. 3 Resolution Requesting Permission for the 4 Dedication by Rider for Reserve for the 5 Developers Escrow. 6 MAYOR STACK: Move it. 7 COMMISSIONER RIVAS: Second. 8 ACTING CITY CLERK: Motion by Mayor Stack. 9 Second by Commissioner Rivas. 10 Roll call. 11 Commissioner Fernandez; absent. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti; recusing. 18 Mayor Stack? 19 MAYOR STACK: Yes. 20 21 REGULAR AGENDA: 22 23 5. Resolution Requesting Permission for the 24 Dedication by Rider for Reserve for Relocation 25 Assistance Program  33 1 2 ACTING CITY CLERK: Item 5. 3 Resolution Requesting Permission for the 4 Dedication by Rider for Reserve for Relocation 5 Assistance Program. 6 COMMISSIONER RIVAS: Move it. 7 MAYOR STACK: Second. 8 ACTING CITY CLERK: Motion by Commissioner 9 Rivas. 10 Second by Mayor Stack. 11 Commissioner Fernandez; absent. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti; recusing. 18 Mayor Stack? 19 MAYOR STACK: Yes. 20 21 REGULAR AGENDA: 22 23 6. Resolution Requesting Permission for the 24 Dedication by Rider for Guaranty Milling Paving 25  34 1 ACTING CITY CLERK: Item 6. 2 Resolution Requesting Permission for the 3 Dedication by Rider for Guaranty Milling Paving. 4 COMMISSIONER VALDIVIA: Move it. 5 ACTING CITY CLERK: Motion made by 6 Commissioner Valdivia. 7 COMMISSIONER RIVAS: Second. 8 MAYOR STACK: Second. 9 ACTING CITY CLERK: Second by Mayor Stack. 10 Roll call. 11 Commissioner Fernandez; absent. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti; recusing. 18 Mayor Stack? 19 MAYOR STACK: Yes. 20 21 REGULAR AGENDA: 22 23 7. Resolution Requesting Permission for the 24 Dedication by Rider for Reserve for Coah (sic) 25 Trust Funds  35 1 2 ACTING CITY CLERK: Item 7. 3 Resolution Requesting Permission for 4 Dedication by Rider for Reserve for COAH Trust 5 Fund. 6 Motion? 7 MAYOR STACK: I’ll move it. 8 ACTING CITY CLERK: Motion by Mayor Stack. 9 COMMISSIONER VALDIVIA: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Valdivia. 12 Roll call. 13 Commissioner Fernandez; absent. 14 Commissioner Rivas? 15 COMMISSIONER RIVAS: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 COMMISSIONER VALDIVIA: Yes. 18 ACTING CITY CLERK: Martinetti -- 19 Commissioner Martinetti; recusing. 20 Mayor Stack? 21 MAYOR STACK: Yes. 22 23 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 24 25 ACTING CITY CLERK: There’s no other item  36 1 on the Consent Agenda. 2 Mayor, do you wish to take public comment 3 at this time? 4 MAYOR STACK: Sure. 5 Would anyone like to address the Board at 6 this time; please state your name and address for 7 the record. 8 Seeing none. 9 ACTING CITY CLERK: Is there a motion to 10 close public comment? 11 COMMISSIONER MARTINETTI: Motion. 12 ACTING CITY CLERK: Motion made by 13 Commissioner Martinetti. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 Valdivia. 17 Roll call. 18 Commissioner Fernandez; absent. 19 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.  37 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  38 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Mayen Corp. t/a El Trebol, 3204 Bergenline 4 Avenue, Liquor License Number 0910-33-190-008 5 6 ACTING CITY CLERK: We have a liquor 7 license disciplinary proceeding -- 8 MAYOR STACK: Mr. Farmer? 9 ACTING CITY CLERK: -- on the agenda 10 tonight. 11 MS. DILLON: Mr. Farmer, you’ve got to come 12 this way. 13 Thank you, Mr. Farmer. 14 MR. FARMER: Okay. 15 MS. DILLON: Sorry. 16 (Whereupon, there was a pause in the 17 proceedings.) 18 * * * 19 20 MAYEN CORP. t/a EL TREBOL, 3204 Bergenline 21 Avenue; Liquor License Number 0910-33-19-008: 22 23 MR. FARMER: Yes, good evening, Mayor and 24 the Board. 25 We’re here on the conclusion and the  39 1 decision by the Board in the matter of El Trebol. 2 This you may recall we tried it over at the Musto 3 Center, a couple of days -- most recently on the 4 11th. 5 And all the evidence is in; all the 6 arguments were made; and I think we’re at your 7 decision. 8 MR. GONZALEZ: That’s correct. 9 Just for the record, Ramon Gonzalez, G-O-N- 10 Z-A-L-E-Z, firm Gonzalez and Caride, on behalf of 11 El Trebol, who’s owner is at present seated 12 behind me. 13 MAYOR STACK: Do you have anything further 14 that either of you wanted to add? 15 MR. FARMER: I don’t think so. 16 MR. GONZALEZ: I don’t think so. 17 MAYOR STACK: No? Okay. 18 Maybe if we can just take ten minutes; 19 Monica? 20 MS. de los RIOS: You mean for a Closed 21 Session? 22 MAYOR STACK: Yes. 23 MS. de los RIOS: Yes. 24 MAYOR STACK: Want to take a vote? 25 COMMISSIONER MARTINETTI: Motion.  40 1 Do we have to take a vote on that? 2 MS. DILLON: Yes. 3 ACTING CITY CLERK: Yes. 4 MS. DILLON: You need a mover and a second. 5 COMMISSIONER MARTINETTI: Motion. 6 MAYOR STACK: I’ll make a motion; -- 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Motion -- 9 MAYOR STACK: -- Closed Session. 10 ACTING CITY CLERK: Motion made by 11 Commissioner Martinetti. 12 Second by Mayor Stack. 13 Roll call. 14 Commissioner Fernandez; absent. 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 (Whereupon, the Board moved to Closed  41 1 Session at 7:17 p.m.) 2 3 (Whereupon, the Board returned to Open 4 Session at 7:31 p.m.) 5 6 ACTING CITY CLERK: Ready? 7 MAYOR STACK: We’re back on? 8 ACTING CITY CLERK: Back on. 9 Roll call. 10 Commissioner Fernandez; absent. 11 Commissioner Rivas? 12 COMMISSIONER RIVAS: Here. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Here. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 COMMISSIONER MARTINETTI: Here. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Here. 20 Do you want to make a statement in 21 reference to Commissioner Valdivia -- 22 MS. de los RIOS: Yes. 23 For the record, the Commissioner has 24 abstained from this decision. 25 MS. DILLON: I’m sorry?  42 1 MS. de los RIOS: Has abstained. 2 MS. DILLON: Who has abstained? 3 COMMISSIONER MARTINETTI: Commissioner 4 Valdivia. 5 ACTING CITY CLERK: Commissioner Valdivia. 6 COMMISSIONER MARTINETTI: Commissioner 7 Valdivia. 8 MS. de los RIOS: Yup. 9 MS. DILLON: Oh, okay. 10 MAYOR STACK: Okay, -- 11 COMMISSIONER VALDIVIA: Or shouldn’t I? 12 Or -- 13 MAYOR STACK: Just after conferring, we’ll 14 have a decision on Thursday; at Thursday’s 15 meeting. 16 COMMISSIONER RIVAS: Motion to open -- 17 MAYOR STACK: I’m sorry. 18 I’ll make a motion to open the meeting. 19 COMMISSIONER RIVAS: I’ll second. 20 ACTING CITY CLERK: Motion made by Mayor 21 Stack. 22 Second by Commissioner Rivas. 23 Roll call. 24 Commissioner Fernandez; absent. 25 Commissioner Rivas?  43 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Here. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Here. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 Just as I was saying, Mr. City Clerk, we’ll 10 have a decision at Thursday’s Special Meeting 11 that we’ll be having. I believe liquor hearings 12 on Thursday evening at -- 13 ACTING CITY CLERK: Thursday, 6:30, at the 14 Musto Cultural -- 15 MAYOR STACK: -- at the Musto Center. 16 ACTING CITY CLERK: Yes, sir. 17 MAYOR STACK: And that will just be for 18 liquor hearings. 19 ACTING CITY CLERK: Yes, sir. 20 MAYOR STACK: Great. 21 Okay, we’ll have a decision at that time. 22 I’m sorry for any inconvenience. 23 Thank you. 24 25 ADJOURNMENT:  44 1 ACTING CITY CLERK: There’s no further 2 items on the agenda. 3 Is there a motion to adjourn? 4 COMMISSIONER RIVAS: Motion. 5 ACTING CITY CLERK: Motion made by 6 Commissioner Rivas. 7 COMMISSIONER RIVAS: Nobody wants -- 8 MAYOR STACK: Second; I’m sorry. 9 ACTING CITY CLERK: Second by -- 10 MAYOR STACK: Second. 11 ACTING CITY CLERK: Second by Mayor Stack. 12 All in favor? 13 14 (Whereupon, there was a chorus of ayes.) 15 16 MR. GONZALEZ: Excuse me. 17 I’m sorry, Mayor. The reason we had put 18 this on tonight is because they were going to -- 19 MS. DILLON: Excuse me, Mr. Gonzalez? 20 You’ve got to -- 21 MR. GONZALEZ: I’m sorry. 22 MAYOR STACK: I’m sorry, Mr. Gonzalez, -- 23 MS. DILLON: -- come forward. 24 MAYOR STACK: -- if you could just enter 25 your appearance.  45 1 MR. GONZALEZ: Absolutely. 2 Again, for the record, Ramon Gonzalez, firm 3 of Gonzalez and Caride, on behalf of the El 4 Trebol Bar. 5 If you recall the last meeting, we put it 6 on today’s agenda because my clients were going 7 to be on vacation on Thursday. 8 MAYOR STACK: I remember. 9 MR. GONZALEZ: So, -- 10 MAYOR STACK: Will you be able to -- if -- 11 I mean if you can’t be there Thursday 12 night, that’s fine; we could -- we could get you 13 something over on it. 14 But will you be there, Mr. Gonzalez? 15 MR. GONZALEZ: I guess I could be there. 16 But I generally would like to have the 17 individuals there. But I’ll be there. 18 MAYOR STACK: I mean we could -- I mean 19 it’s not a problem, we could hold it off until 20 the following Regular Commission Meeting. That’s 21 not an issue. 22 MS. de los RIOS: Is August 5 th. 23 August 5th. 24 MAYOR STACK: We’re going to make that for 25 the 6th.  46 1 MS. de los RIOS: Okay. 2 MAYOR STACK: Because that’s Night Out 3 Against Crime. But we’ll do something separate 4 on that. 5 MS. de los RIOS: Okay, I’ll move that. 6 MAYOR STACK: Yeah. 7 MS. de los RIOS: Okay. 8 MR. GONZALEZ: When is the next Commission 9 Meeting? 10 MAYOR STACK: The next meeting -- the 11 regular scheduled meeting is Tuesday, August 5 th, 12 which is National Night Out Against Crime. 13 MR. GONZALEZ: August 5th. 14 MAYOR STACK: So we’re going to be moving 15 that to Wednesday, August 6th at the same 16 location, Ray. 17 Just not to cause any confusion. Tuesday 18 night is National Night Out Against Crime. We’re 19 going to move it to Wednesday night -- 20 MR. GONZALEZ: Okay. 21 MAYOR STACK: -- at seven p.m. 22 MR. FARMER: Okay. 23 MAYOR STACK: The location, I believe is -- 24 I’m not a hundred percent certain; I thought it 25 was Saint Anthony’s.  47 1 Let me just see something. 2 ACTING CITY CLERK: I don’t -- 3 MAYOR STACK: I could be wrong though. Let 4 me -- but -- 5 ACTING CITY CLERK: Mayor, right here, we 6 have a schedule. 7 MS. DILLON: August 5th is Musto. 8 ACTING CITY CLERK: Musto. 9 MAYOR STACK: At the Musto Center. 10 MR. GONZALEZ: Okay. 11 MAYOR STACK: So, it’s going to be -- 12 MR. GONZALEZ: Yeah, that’s fine. 13 MAYOR STACK: It’s going to be Wednesday, 14 August the 6th, at the Musto Center, 420 15 th 15 Street. 16 MR. GONZALEZ: Okay, that’s good. 17 MAYOR STACK: And we need to get something 18 on Thursday’s meeting moving the Commission 19 Meeting from the 5th to the 6th. 20 MS. de los RIOS: Okay. 21 ACTING CITY CLERK: Gotcha. 22 MAYOR STACK: Okay? 23 You got it. 24 ACTING CITY CLERK: I’ll make a note -- 25 MAYOR STACK: Thank you very much.  48 1 Thank you. 2 COMMISSIONER VALDIVIA: Good night. 3 COMMISSIONER MARTINETTI: Good night. 4 ACTING CITY CLERK: Yeah, we’ll make the 5 notice -- I’ll notice the -- tomorrow the papers 6 and stuff about the date change. 7 MAYOR STACK: That would be fine. 8 ACTING CITY CLERK: For August 5 th to 9 August 6th -- 10 MAYOR STACK: That would be fine. 11 ACTING CITY CLERK: From 5th to 6th. 12 MAYOR STACK: That would be fine. 13 ACTING CITY CLERK: The same time. 14 MAYOR STACK: Yeah. 15 Just double-check with me first thing in 16 the morning before you do. Let me just double- 17 check the book to make certain but I’m -- 18 ACTING CITY CLERK: And also, while we’re 19 on this topic, I believe November is Election Day 20 -- the day of election, -- 21 MAYOR STACK: Yes. 22 ACTING CITY CLERK: -- we have a meeting 23 that night. 24 MAYOR STACK: Okay. We’ll move that to 25 Monday night.  49 1 ACTING CITY CLERK: We’ll move that also? 2 MAYOR STACK: The evening before. 3 ACTING CITY CLERK: Okay. 4 MAYOR STACK: Just double-check them both 5 with me tomorrow, -- 6 ACTING CITY CLERK: I’ll bring up the 7 schedule. 8 MAYOR STACK: -- and then we’ll do official 9 notification. 10 Exactly. Just to make sure there’s no 11 conflicts. 12 ACTING CITY CLERK: You got it. 13 MAYOR STACK: Okay? 14 ACTING CITY CLERK: Thank you, sir. 15 MAYOR STACK: Okay? 16 17 (Whereupon, the proceedings were concluded 18 at 7:35 p.m.) 19 20 21 22 23 24 25  50 1 ________________________ Brian P. Stack 2 ________________________ Maryury A. Martinetti 3 ________________________ Celin J. Valdivia 4 ________________________ Tilo E. Rivas 5 Board of Commissioners 6 7 Attest: 8 Dominick Cantatore, 9 Acting City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  51 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, July 15, 2014, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon