Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Colin Powell Elementary School 1500 New York Avenue Union City, New Jersey Tuesday, September 2, 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 J. VALDIVIA, COMMISSIONER M E M B E R S A B S E N T: TILO E. RIVAS, COMMISSIONER A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: MONICA E. de los RIOS, 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 CONSENT AGENDA 5 REGULAR AGENDA 13,14, 15,16 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 21 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 23 ADJOURNMENT 24  3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, September 4 2nd, 2014, at seven p.m., at the Colin Powell 5 Elementary School, 1500 New York Avenue, Union 6 City, New Jersey. 7 Everyone please 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. Adequate 16 notice of this meeting has been provided as 17 follows: 18 Notice of this meeting setting forth the 19 time, date, location, the agenda, to the extent 20 known, was forwarded to Jersey Journal, The 21 Record, and The Hudson Reporter, has been posted 22 on the bulletin board in City Hall and has been 23 made 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 COMMISSIONER MARTINETTI: Here. 7 ACTING CITY CLERK: Commissioner Rivas; 8 absent. 9 MAYOR STACK: He’s sick; Commissioner 10 Rivas. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Here. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Here. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Here. 18 19 APPROVAL OF PREVIOUS MEETING MINUTES OF JULY 11, 20 2014: 21 22 ACTING CITY CLERK: First item is approval 23 of previous meeting minutes. 24 Motion must be duly made and seconded that 25 the meeting minutes of the Board of Commissioners  5 1 being held on July 11, 2014 be approved and 2 recorded. 3 COMMISSIONER VALDIVIA: Move it. 4 MAYOR STACK: I’ll move it. 5 Second. 6 ACTING CITY CLERK: Motion made by 7 Commissioner Valdivia. 8 Second by Mayor Stack. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas; 13 absent. 14 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 CONSENT AGENDA: 23 24 ( 1) Resolution Approving the Payment of Claims 25 ( 2) Resolution Approving the Payment of  6 1 Concurring Claims 2 ( 3) Resolution Approving the City Payroll for 3 the Period of August 13, 2014 through August 26, 4 2014 5 ( 4) Resolution Approving the Library Payroll 6 for the Period of August 13, 2014 through August 7 26, 2014 8 ( 5) Resolution Authorizing Payment of Claim to 9 the Institute for Professional Development 10 ( 6) Resolution Authorizing the Payment of Claim 11 to the NJ Department of Environment (sic) 12 Protection 13 ( 7) Resolution Approving the 2014-2015 Renewal 14 of the Pebble Beach, Pocket Liquor License No. 15 0910-33-157 16 ( 8) Resolution Authorizing the Clerk to 17 Advertise and Accept Bids for Medical Supplies 18 for EMS 2014 19 ( 9) Resolution Authorizing the Award of a 20 Contract to Florio & Kenny, LLP for Special 21 Hearing Officer Services 22 (10) Resolution Authorizing the Award of a 23 Contract to Hallmark Real Estate Services, Inc. 24 for Tax Appeal Expert 25 (11) Resolution Authorizing the Award of a  7 1 Contract to O’Toole Fernandez Weiner Lieu, LLC 2 for Labor Counsel 3 (12) Resolution Authorizing the Award of a 4 Contract to Gregory T. Farmer, Esq. for Alcoholic 5 Beverage Control Prosecutor 6 (13) Resolution Authorizing the Award of a 7 Contract to Dario, Yacker, Suarez & Albert, LLC 8 for Legal Aide 9 (14) Resolution Authorizing the Award of a 10 Contract to Community Housing & Planning 11 Associates, Inc. for CDA Planning Consultant 12 Services 13 (15) Resolution Authorizing the Award of a 14 Contract to Marotta & Garvey for Tax Appeal 15 Counsel 16 (16) Resolution Authorizing the Award of a 17 Contract to Parker McCay, P.A. for Bond Counsel 18 (17) Resolution Authorizing the Award of a 19 Contract Dario, Yacker, Suarez & Albert, LLC for 20 Tenant Advocacy 21 (18) Resolution Approving State Contract with 22 Motorola for Police Radio System Maintenance and 23 Repair 24 (19) Resolution to Approve Contract for Repairs 25 to Fire Alarm System in City Hall  8 1 (20) Resolution Designating Loading Zone at 4105 2 Park Avenue in the City of Union City 3 (21) Resolution Authorizing Refund of Redemption 4 Monies to Outside Lienholders 5 (22) Resolution Authorizing the Refund of 6 Premium Monies Collected at the Tax Sale 7 (23) Any other matter of City business that may 8 arise 9 10 ACTING CITY CLERK: Next item is the 11 Consent Agenda. 12 The first item is Resolution Approving the 13 Payment of Claims. 14 Second item is a Resolution Approving the 15 Payment of Concurring Claims. 16 Third item is a Resolution Approving the 17 City Payroll the Period August 13, 2014 through 18 August 26, 2014. 19 Item 4. 20 Resolution Approving the Library Payroll 21 for the Period of August 13, 2014 through August 22 26, 2014. 23 Item fifth. 24 Resolution Authorizing Payment of Claim to 25 the Institute for Professional Development.  9 1 Item 6. 2 Resolution Authorizing the Payment of Claim 3 to the New Jersey Department of Environmental 4 Protection. 5 Item 7. 6 Resolution Approving the 2014-2015 Renewal 7 of the Pebble Beach, Pocket Liquor License number 8 0910-33-157. 9 Item 8. 10 Resolution Authorizing the Clerk to 11 Advertise and Accept Bids for Medical Supplies 12 for the EMS 2014. 13 Item 9. 14 Resolution Authorizing the Award of a 15 Contract to Florio and Kenny, LLP for Special 16 Hearing Officer Services. 17 Item 10. 18 Resolution Authorizing the Award of a 19 Contract to Hallmark Real Estate Services, Inc. 20 for Tax Appeal Expert. 21 Item 11. 22 Resolution Authorizing the Award of a 23 Contract to O’Toole Fernandez Weiner Lieu, LLC 24 for Labor Counsel. 25 Item 12.  10 1 Resolution Authorizing the Award of 2 Contract to Gregory T. Farmer, Esquire, for 3 Alcoholic Beverage Control Prosecutor. 4 Item 13. 5 Resolution Authorizing the Award of a 6 Contract to Dario, Yacker, Suarez and Albert, LLC 7 for Legal Aide. 8 Item 14. 9 Resolution Authorizing the Award of a 10 Contract to Community Housing and Planning 11 Associates, Inc. for CDA Planning Consultant 12 Services. 13 Item 15. 14 Resolution Authorizing the Award of a 15 Contract to Marotta and Garvey for Tax Appeal 16 Counsel. 17 Item 16. 18 Resolution Authorizing the Award of a 19 Contract to Parker McCay, P.A. for Bond Counsel. 20 Item 17. 21 Resolution Authorizing the Award of a 22 Contract Dario, Yacker, Suarez and Albert, LLC 23 for Tenant Advocacy. 24 Item 18. 25 Resolution Approving State Contract with  11 1 Motorola for Public (sic) Radio System 2 Maintenance and Repair. 3 Item 19. 4 Resolution to Approve Contract for Repairs 5 to Fire Alarm System in City Hall. 6 Item 20. 7 Resolution Designating Loading Zone at 4105 8 Park Avenue in the City of Union City. 9 Item 21. 10 Resolution Authorizing Refund of Redemption 11 Monies to Outside Lienholders. 12 Item 22. 13 Resolution Authorizing the Refund of 14 Premium Money Collected at Tax Sale. 15 MAYOR STACK: Anyone wishing to comment on 16 the Consent Agenda, please step forward. 17 Seeing none. 18 COMMISSIONER MARTINETTI: Second. 19 ACTING CITY CLERK: Motion made by Mayor 20 Stack. 21 Second by Commissioner Martinetti. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas;  12 1 absent. 2 Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Mayor Stack? 8 Is there a motion to approve all items on 9 the Consent Agenda? 10 COMMISSIONER VALDIVIA: Motion. 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: Motion made by 13 Commissioner Valdivia. 14 Second by Mayor Stack. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas; 19 absent. 20 Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack?  13 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 1. Resolution Approving the Redevelopment 6 Agency Payroll for the Period of August 13, 2014 7 through August 26, 2014 8 9 ACTING CITY CLERK: The next item is the 10 Regular Agenda. 11 The first item is Resolution Approving the 12 Redevelopment Agency Payroll for the Period of 13 August 13, 2014 through August 26, 2014. 14 COMMISSIONER MARTINETTI: Motion. 15 ACTING CITY CLERK: Motion made by 16 Commissioner Martinetti. 17 COMMISSIONER VALDIVIA: Second. 18 Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Valdivia. 21 Roll call. 22 Commissioner Fernandez; recusing. 23 Commissioner Rivas is absent. 24 Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  14 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: Yes. 4 ACTING CITY CLERK: Mayor Stack? 5 MAYOR STACK: Yes. 6 7 REGULAR AGENDA: 8 9 2. Resolution Authorizing Payment of Claim to 10 the County of Hudson 11 12 ACTING CITY CLERK: Second item is 13 Resolution Authorizing Payment of Claim to the 14 County of Hudson. 15 MAYOR STACK: I’ll move it. 16 ACTING CITY CLERK: Motion made by Mayor 17 Stack. 18 COMMISSIONER VALDIVIA: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Valdivia. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas is 25 absent.  15 1 Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti; recusing. 5 Mayor Stack? 6 MAYOR STACK: Yes. 7 8 REGULAR AGENDA: 9 10 3. Resolution Authorizing Payment of Claim to 11 the Hudson County Improvement Authority 12 13 ACTING CITY CLERK: Third item is a 14 Resolution Authorizing Payment of Claim to the 15 Hudson County Improvement Authority. 16 MAYOR STACK: I’ll move it. 17 ACTING CITY CLERK: Motion made by Mayor 18 Stack. 19 COMMISSIONER VALDIVIA: Second. 20 ACTING CITY CLERK: Second by Commissioner 21 Valdivia. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas;  16 1 absent. 2 Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti; recusing. 6 Mayor Stack? 7 MAYOR STACK: Yes. 8 9 REGULAR AGENDA: 10 11 4. Resolution to Establish Temporary 12 Appropriations for Fiscal Year 2015 Budget 13 14 ACTING CITY CLERK: Fourth item. 15 Resolution to Establish Temporary 16 Appropriations for Fiscal Year 2015 Budget. 17 MAYOR STACK: I’ll move it. 18 COMMISSIONER VALDIVIA: Second. 19 ACTING CITY CLERK: Motion made by Mayor 20 Stack. 21 Second by Commissioner Valdivia. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas  17 1 is -- 2 MS. de los RIOS: Excuse me? 3 ACTING CITY CLERK: -- absent. 4 MS. de los RIOS: Mayor? 5 ACTING CITY CLERK: Commissioner -- 6 COMMISSIONER FERNANDEZ: Excuse me? 7 MS. de los RIOS: Sorry. 8 Mayor? 9 At this point we recommend that on four 10 items -- on the Contribution to Union City 11 Redevelopment Agency, the Division of Inspections 12 and CDA Operations, Sub-Code Electrical 13 Inspector, and Sub-Code Fire Inspector, for the 14 first that -- that Commissioner Fernandez recuse 15 himself because of the Redevelopment Agency. 16 And on the other three that Commissioner 17 Martinetti recuse herself. 18 MAYOR STACK: Okay. 19 COMMISSIONER FERNANDEZ: Just she’s 20 recusing herself from two things? 21 MS. de los RIOS: On three. 22 The Division of Inspections and CDA 23 Operations, Sub-Code Electrical Inspector, and 24 Sub-Code Fire Inspector. 25 MAYOR STACK: You have three votes though,  18 1 right? With Commissioner Fernandez, myself and 2 Commissioner Valdivia. 3 MS. de los RIOS: Yeah. 4 ACTING CITY CLERK: Okay. 5 So, Commissioner Fernandez, -- 6 MS. de los RIOS: And -- 7 ACTING CITY CLERK: -- Commissioner 8 Valdivia, Mayor Stack. 9 MAYOR STACK: You got it. 10 MS. de los RIOS: And, also, we institute 11 the rule of necessity because we do need the 12 majority -- 13 COMMISSIONER MARTINETTI: So, -- 14 MS. de los RIOS: -- on this because it’s 15 a -- 16 COMMISSIONER MARTINETTI: So, do I have to 17 vote? 18 MS. de los RIOS: Um-hum. 19 ACTING CITY CLERK: So, -- 20 Right. 21 COMMISSIONER MARTINETTI: So, we’re voting? 22 I’m voting? 23 MS. de los RIOS: So, at this point, -- 24 ACTING CITY CLERK: So, you’re voting yes 25 but recusing on the --  19 1 COMMISSIONER MARTINETTI: On the three? 2 ACTING CITY CLERK: -- from the two -- 3 MS. de los RIOS: Exactly. 4 ACTING CITY CLERK: -- on the three -- 5 three items. 6 MS. de los RIOS: She can -- 7 COMMISSIONER MARTINETTI: As noted by 8 counsel? 9 MAYOR STACK: Right. 10 ACTING CITY CLERK: Okay. 11 COMMISSIONER MARTINETTI: I have to vote 12 yes -- 13 MAYOR STACK: You got -- you got -- 14 ACTING CITY CLERK: So, -- 15 MAYOR STACK: -- three votes; right, 16 Dominick? 17 MS. de los RIOS: You got three. 18 ACTING CITY CLERK: I got three votes; plus 19 Martinetti, she’s recusing on the -- 20 MAYOR STACK: Very good. 21 ACTING CITY CLERK: -- three items. 22 MS. DILLON: Mr. Clerk, may I ask you to 23 state what the vote is so it’s clear in the 24 record? 25 MAYOR STACK: Right. Exactly.  20 1 MS. de los RIOS: Thank you. 2 MS. DILLON: State who’s -- the vote. 3 ACTING CITY CLERK: Okay. 4 MS. de los RIOS: Go ahead. 5 MAYOR STACK: Let’s make sure we have a 6 memo in advance from now on, so we can avoid 7 this. This way it can be noted in the record -- 8 MS. de los RIOS: Um-hum. 9 MAYOR STACK: -- and be kept part of the 10 file. 11 ACTING CITY CLERK: The voting is 12 Commissioner Fernandez, Commissioner Valdivia, 13 Mayor Stack, Commissioner Martinetti, -- 14 COMMISSIONER MARTINETTI: With the 15 exception of -- 16 ACTING CITY CLERK: -- with the exception 17 of three items on the Appropriation for Fiscal 18 Year 2015 Budget. 19 MS. DILLON: And they’re all aye votes. 20 MAYOR STACK: And list those items. 21 COMMISSIONER MARTINETTI: Electrical -- 22 ACTING CITY CLERK: You have those in front 23 of you? 24 MS. de los RIOS: Yeah, -- 25 ACTING CITY CLERK: Please.  21 1 MS. de los RIOS: -- I sure do. 2 They are the Division of Inspections and 3 CDA Operations, Sub-Code Electrical Inspector, 4 and Sub-Code Fire Inspector. 5 COMMISSIONER MARTINETTI: Fire. 6 MS. DILLON: Thank you. 7 COMMISSIONER MARTINETTI: Thank you, 8 Debbie. 9 10 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 11 12 ACTING CITY CLERK: Mayor, do you wish to 13 take public comment at this time? 14 MAYOR STACK: Sure. 15 Anyone wishing to comment at this time, 16 please step forward, state your name and address 17 for the record. 18 Seeing none. 19 ACTING CITY CLERK: Is there a motion to 20 close the public comment portion of this meeting? 21 COMMISSIONER FERNANDEZ: Motion. 22 ACTING CITY CLERK: Motion made by -- 23 COMMISSIONER MARTINETTI: Second. 24 ACTING CITY CLERK: -- Commissioner 25 Fernandez.  22 1 Second by Commissioner Martinetti. 2 Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Yes. 5 ACTING CITY CLERK: Commissioner Rivas is 6 absent. 7 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 16 17 18 19 20 21 22 23 24 25  23 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Il Paradiso Corp t/a Il Paradiso, 1108 4 Summit Avenue, Liquor License No. 0910-33-103-002 5 2. Los Laureles t/a Los Laureles Liquors, 4265 6 (sic) Broadway, Liquor License No. 0910-44-026- 7 011 8 3. R.G. Miranda Corp. t/a El Cuco, 516 Kennedy 9 Boulevard, Liquor License No. 0910-33-141-005 10 4. Pupusa No. 2 Inc. t/a Pupusa Loca, 4709-11 11 Bergenline Avenue, Liquor License No. 12 0910-33-174-006 13 5. Park Avenue Bar & Grill, LLC t/a Park 14 Avenue Bar & Grill, 3417 Park Avenue, Liquor 15 License No. 0910-33-119-004 16 17 MAYOR STACK: Mr. Farmer? 18 ACTING CITY CLERK: Mr. Farmer? 19 MR. FARMER: Yes. 20 MAYOR STACK: Liquor hearings? 21 MR. FARMER: Yes. 22 Mayor and the Commissioners, we have five 23 on this evening. 24 Quite frankly, I think between the holiday 25 and police officers being on vacation and things  24 1 like that, we haven’t been able to coordinate at 2 all with the lawyers and witnesses and things 3 like that. 4 I think it would be best just to put the 5 whole calendar off. I got an opportunity to 6 speak to all the police officers that are here, 7 so we accomplished that. And I’m hopeful that 8 between the next meeting and the 26th, which is a 9 Special Meeting, that we might be able to handle 10 all of the disciplinary charges that are 11 outstanding. 12 I’m going to tell Chief Molinari not to 13 make any more disciplinary charges against any of 14 the bars from now till then so we can get rid of, 15 on the 26th, everybody. 16 MAYOR STACK: Don’t do that, no. 17 MR. FARMER: You weren’t paying attention, 18 so -- 19 MAYOR STACK: I was. I was. Believe me. 20 MR. FARMER: All right. All right. 21 Okay, thank you. 22 MAYOR STACK: Thank you very much. 23 24 ADJOURNMENT: 25  25 1 MAYOR STACK: Motion to adjourn. 2 ACTING CITY CLERK: Is there a motion to 3 adjourn? 4 COMMISSIONER FERNANDEZ: Second. 5 ACTING CITY CLERK: Motion made by Mayor 6 Stack. 7 Second by Commissioner Fernandez. 8 All in favor? 9 10 (Whereupon, there was a chorus of ayes.) 11 12 (Whereupon, the proceedings were concluded 13 at 7:09 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25  26 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin J. Valdivia 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  27 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, September 2, 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