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Board of Commissioners - Board of Commissioners Meeting

Regular Meeting

Union City, NJ · January 20, 2015

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Minutes

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Roosevelt School 4507 Hudson Avenue Union City, New Jersey Tuesday, January 20, 2015 Commencing at 7:03 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: MONICA E. de los RIOS, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission SOL VILLON, Interpreter 2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 APPROVAL OF MINUTES 4 ORDINANCES FOR HEARING AND ADOPTION 5 CONSENT AGENDA 9 ORDINANCES FOR INTRODUCTION 23 REGULAR AGENDA 25,26, 27,28 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 31 LIQUOR LICENSE TRANSFER HEARING 39 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 42 ADJOURNMENT 58 3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, January 20th, 4 2015, at seven p.m., at the Roosevelt School, 5 4507 Hudson Avenue, Union City, New Jersey. 6 Everyone please rise for the Pledge of 7 Allegiance. 8 9 (Whereupon the Pledge of Allegiance was 10 said.) 11 12 ACTING CITY CLERK: This meeting has been 13 called in accordance with Chapter 231, Public Law 14 1975, the Open Public Meeting Act. 15 Adequate notice of this meeting has been 16 provided as follows: 17 Notice of this meeting setting forth time, 18 date, location, and the agenda, to the extent 19 known, was forwarded to The Jersey Journal, The 20 Record, and Hudson Reporter, has been posted on 21 the bulletin board in City Hall and has been made 22 available to the public in the -- in the office 23 of Municipal Clerk. 24 25 ROLL CALL: 4 1 2 ACTING CITY CLERK: Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Here. 5 ACTING CITY CLERK: Commissioner Rivas? 6 COMMISSIONER RIVAS: Here. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Here. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Here. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Here. 14 15 APPROVAL OF PREVIOUS MEETING MINUTES FROM 16 DECEMBER 16, 2014 AND DECEMBER 23, 2014: 17 18 ACTING CITY CLERK: First item is approval 19 of previous meeting minutes, December 16 and 20 December 23rd, 2014 -- be approve and recorded. 21 MAYOR STACK: Move it. 22 COMMISSIONER VALDIVIA: Second. 23 ACTING CITY CLERK: Motion by Mayor Stack. 24 Second by Commissioner Valdivia. 25 Roll call. 5 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 13 ORDINANCES FOR HEARING AND ADOPTION 14 CONSIDERATION: 15 16 1. AN ORDINANCE AMENDING CHAPTER 233 “LAND 17 DEVELOPMENT” SECTION 12 OF THE CODE OF THE CITY 18 OF UNION CITY ENTITLED “CONSTRUCTION 19 REQUIREMENTS” 20 21 ACTING CITY CLERK: Second item is an 22 Ordinance for Hearing and Adoption Consideration. 23 This Ordinance Amending Chapter 233, Land 24 Development, Section 12 of the Code of the City 25 of Union City entitled Construction Requirements. 6 1 Mayor, you wish to take -- 2 MAYOR STACK: Yes, sure. 3 ACTING CITY CLERK: -- public -- 4 MAYOR STACK: Anyone at this time who would 5 like to comment on this Ordinance, please step 6 forward, state your name and address for the 7 record. 8 You could stand right over here. 9 Hi, Caesar. 10 MR. PRICE: Larry Price, 1006 Palisade 11 Avenue. 12 Just a question. 13 The -- this Ordinance prohibits four 14 different kinds of building material in 15 construction. And it goes on to say in the 16 summary, -- 17 Oh, sorry. 18 -- the following construction materials are 19 specific -- specifically prohibited for use in 20 conjunction with a new construction or 21 maintenance of a building façade or other street 22 frontage. 23 Now the wording there implies this only 24 means -- it’s only prohibited in the front of a 25 building; it’s not prohibited on all four sides. 7 1 Is that the intent? 2 MAYOR STACK: I believe it is, yes. 3 MR. PRICE: Okay. So it’s only the front, 4 not all four sides of it. 5 MAYOR STACK: Yes. 6 MR. PRICE: Okay. 7 Thank you. 8 MAYOR STACK: Thank you. 9 Anyone else wishing to comment on this 10 Ordinance at this time? 11 Seeing no other. 12 ACTING CITY CLERK: Is there a motion to 13 close public hearing. 14 COMMISSIONER RIVAS: Second. 15 COMMISSIONER VALDIVIA: Second. 16 MAYOR STACK: Motion. 17 COMMISSIONER VALDIVIA: Second. 18 ACTING CITY CLERK: Motion by Mayor Stack. 19 Second by Commissioner Valdivia. 20 Roll call. 21 Commissioner Fernandez? 22 COMMISSIONER FERNANDEZ: Yes. 23 ACTING CITY CLERK: Commissioner Rivas? 24 COMMISSIONER RIVAS: Yes. 25 ACTING CITY CLERK: Commissioner Valdivia? 8 1 COMMISSIONER VALDIVIA: Yes. 2 ACTING CITY CLERK: Commissioner 3 Martinetti? 4 COMMISSIONER MARTINETTI: Yes. 5 ACTING CITY CLERK: Mayor Stack? 6 MAYOR STACK: Yes. 7 ACTING CITY CLERK: Is there a motion to 8 adopt? 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion by -- 11 COMMISSIONER MARTINETTI: Second. 12 ACTING CITY CLERK: -- Mayor Stack. 13 Second by Commissioner Martinetti. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Yes. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes. 9 1 2 CONSENT AGENDA: 3 4 ( 1) Resolution Approving the Payment of Claims 5 ( 2) Resolution Approving the Payment of 6 Concurring Claims 7 ( 3) Resolution Approving the City Payroll for 8 the Period of December 31, 2014 through January 9 13, 2015 10 ( 4) Resolution Approving the Library Payroll 11 for the Period of December 31, 2014 through 12 January 13, 2015 13 ( 5) Resolution Authorizing State Contract with 14 GTBM for Equipment for Police Cars 15 ( 6) Resolution Authorizing Advertisement for 16 Bid for the Summit Avenue Section 3 (15 th Street 17 to 22nd Street) Improvements Project 18 ( 7) Resolution Authorizing Advertisement for 19 Bid for the 2015 Road Program (Phase 1) 20 Improvements Project 21 ( 8) Resolution Authorizing Advertisement for 22 Bid for the 2015 Road Program (Phase 2) 23 Improvements Project 24 ( 9) Resolution Approving Disciplinary 25 Proceedings Against Caribe Club Restaurant t/a 10 th 1 Caribe Club Restaurant Inc., 724-24 Street, 2 Liquor License No. 0910-33-210-005 3 (10) Resolution Approving Contract for 4 Architectural Services for the Renovation of the 5 47th Street Firehouse 6 (11) Resolution Authorizing Grant for the Green 7 Acres Project from the State of New Jersey 8 (12) Resolution Approving Contract for 9 Architectural Services for the Roof Assessment of 10 the Union City Municipal Building 11 (13) Resolution Approving Contract for 12 Architectural Services for the Window Repairs and 13 Modification to William V. Musto Cultural Center 14 (14) Resolution Authorizing the Execution of an 15 Installment Agreement for the Reimbursement of 16 Tenant Relocation Costs Incurred in Connection 17 with the Property Known as 420 - 13th Street 18 (15) Resolution Approving the 2013-14 Renewal of 19 the Salinas Bar & Restaurant, Liquor License No. 20 0910-33-050 21 (16) Resolution Approving the 2014-15 Renewal of 22 the Salinas Bar & Restaurant, Liquor License No. 23 0910-33-050-005 24 (17) Resolution Approving the 2014-15 Renewal of 25 Los Precios, Liquor License No. 0910-43-079-009 11 1 (18) Resolution Authorizing Refund of Redemption 2 Monies to Outside Lienholders 3 (19) Resolution Authorizing the Refund of 4 Premium Monies Collected at the Tax Sale 5 (20) Resolution Authorizing a Tax Refund in Tax 6 Appeal Decision Issued by the Tax Court of New 7 Jersey 8 (21) Resolution Authorizing the Refund of a 9 Duplicate Real Estate Tax Payment 10 (22) Any other matter of City business that may 11 arise 12 13 ACTING CITY CLERK: Next item is a Consent 14 Agenda. 15 We have 21 items on the Consent Agenda. 16 First item. 17 Resolution Approving the Payments of 18 Claims. 19 Item number 2. 20 Resolution Approving the Payment of 21 Concurring Claim. 22 Item 3. 23 Resolution Approving the City Payroll for 24 the Period of December 31st, 2014 through January 25 13, 2014 (sic). 12 1 Item 4. 2 Resolution Approving the Library Payroll 3 for the Period of December 31st, 2014 through 4 January 13, -- through January 14, (sic) -- I 5 mean, I’m sorry -- January 13, 2015. 6 Item fifth. 7 Resolution Authorizing State Contract with 8 GTBM for Equipment for Police Cars. 9 Item 6. 10 Resolution Authorizing Advertisement for 11 Bid for Summit Avenue Section 3, 15th Street to 12 22nd Street, Improvement Project. 13 Item 7. 14 Resolution Authorizing Advertisement for 15 Bid for the 2015 Road Program, Phase 1, 16 Improvement Project. 17 Item 8. 18 Resolution Authorizing Advertisement for 19 Bid for 2015 Road Program, Phase 2, Improvement 20 Project. 21 Item 9. 22 Resolution Approving Disciplinary 23 Proceeding Against Caribe Club Restaurant, also 24 known as Caribe Club Restaurant Inc., 724-24th 25 Street, Liquor License number 0910-33-210-005. 13 1 Item 10. 2 Resolution Approving Contract for 3 Architectural Services for the Renovation of the 4 47th Street Firehouse. 5 Item 11. 6 Resolution Authorizing Grant for the Green 7 Acres Project for the State of New Jersey -- from 8 the State of New Jersey. 9 Item 12. 10 Resolution Approving Contract for 11 Architectural Services for the Roof Assessment of 12 the Union City Municipal Building. 13 Item 13. 14 Resolution Approving Contract for 15 Architectural Services for the Window -- for the 16 Window Repairs and the Modification to William V. 17 Musto Cultural Center. 18 Item 14. 19 Resolution Authorizing the Execution of an 20 Installment Agreement for the Reimbursement of 21 Tenant Relocation Costs Incurred in Connection 22 with the Property Known as 420 13th Street. 23 Item 15. 24 Resolution Approving the 2013-2014 Renewal 25 of the Salinas Bar and Restaurant, Liquor License 14 1 number 0910-33-050. 2 Item 16. 3 Resolution Approving the 2014-2015 Renewal 4 of the Salinas Bar and Restaurant, Liquor License 5 number 0910-33-050-005. 6 Item 16 (sic). 7 Resolution Approving the 2014-2015 Renewal 8 of Los Precios, Liquor License number 9 0910-43-079-009. 10 Item 18. 11 Resolution Authorizing Refund of Redemption 12 Monies to Outside Lienholders. 13 Item 19. 14 Resolution Authorizing the Refund of 15 Premium Monies Collected at Tax Sale. 16 Item 20. 17 Resolution Authorizing a Tax Refund in Tax 18 Appeal Decision Issued by the Tax Court of New 19 Jersey. 20 Item 21. 21 Resolution Authorizing the Refund of a 22 Duplicate Real Estate Tax Payment. 23 Mayor, you wish to take -- 24 MAYOR STACK: Sure. Just -- 25 ACTING CITY CLERK: -- public comment? 15 1 MAYOR STACK: Just before we do, on item 2 number 6 on the agenda, which is doing Section 3, 3 Summit Avenue, that would be new streetscape 4 similar to what we’ve done on -- from 7 to 15 on 5 Summit Avenue. New sidewalks, tree planting, 6 decorative concrete and newly paved streets. 7 Much of Summit Avenue still needs to be done. 8 This would take in some of the worst parts 9 of the street. That anyone who drives on Summit 10 Avenue will see how rough the street is beyond 11 Jose Marti School. 12 So this would be 15 to 22. 13 It’s our hope -- we’re not guaranteed but 14 it’s our hope to do the entire length of Summit 15 Avenue by the end of the year. Or at least have 16 it in the works to finish up 22 to 32 once we 17 finish this section. 18 In addition to the road programs, Phase 1 19 and Phase 2, we’re going to now be working on 20 some of our major side streets, which would be 21 15th Street. We already did Palisade to 22 Bergenline; now we’ll be doing Bergenline to 23 Kennedy; 22nd Street, Palisade to Kennedy. These 24 are our major wide side streets; 43rd Street from 25 Park Avenue to Kennedy Boulevard. 16 1 And, again, this includes new lights, 2 decorative lights, stamped concrete sidewalks, 3 new street, hundreds of new trees. 4 Forty-eighth Street and 49th Street, which 5 we still have a business -- or somewhat of a 6 business area up there and also private homes, 7 we’ll be doing from Park Avenue to Bergenline 8 Avenue. 9 This is some major work that’s being done 10 in the community. 11 In addition to that the grant for the Green 12 Acres project, I believe that was in reference to 13 the reservoir -- Monica? 14 MS. de los RIOS: That is correct. 15 MAYOR STACK: That’s in reference to the 16 reservoir. 17 Some of the things we’ll never hear about 18 in the local press or read in the local 19 newspapers is about the positive things that are 20 going on in Union City. 21 We were able to secure -- I mean as amazing 22 at it may sound, as much as I was involved in the 23 negotiation and led the negotiation with Mayor 24 Turner, we took a 16 acre piece of property 25 located in Weehawken and now own half of that 17 1 property. And we’re going to preserve it as open 2 space forever. 3 Keep the water in there. Have a walking 4 track around the top. Put some light planting in 5 there. Have a very passive park on the Palisade 6 Avenue side in the years to come. But we’re 7 hoping to open this by the end of -- well, I 8 should say by the beginning of the summer of this 9 year, at least to let residents go up there and 10 start enjoying that. 11 But just think about; we saved 16 acres 12 from major development on the Union City border 13 that not one tax dollar would have came in to 14 Union City but preserved it as open space. 15 It’s unfortunate we don’t hear about that 16 in the local press. 17 As for the William Musto Center, I thank 18 Commissioner Fernandez. We’re looking to put in 19 some decorative stained glass inside the Musto 20 Center just to enhance the building a little bit 21 more and -- just to enhance the building. 22 If the Commissioner wanted to get into that 23 a little bit more? 24 COMMISSIONER FERNANDEZ: Yeah, also we have 25 -- we have some outstanding stained glass windows 18 1 at the Musto Center that the lead is becoming -- 2 falling apart, basically. 3 And we want to open up those windows and 4 replace that lead and re-lead the stained glass 5 to protect it from further decay for further 6 generations to enjoy. 7 It hasn’t been touched in -- probably since 8 it was first installed back in 1905. 9 MAYOR STACK: And not even during the 10 renovation we touched it. 11 COMMISSIONER FERNANDEZ: And not even 12 during the renovation was it touched. 13 Years ago a Plexiglas was placed above it, 14 -- which is discolored and scratched -- to 15 protect it. But water has seeped in there so the 16 stained glass itself is deteriorating along with 17 the lead. So this contract is to also repair 18 that stained glass, which are priceless at this 19 point. 20 MAYOR STACK: Also, in addition -- in 21 addition to what the Commissioner just said, I 22 would be remiss if I didn’t mention, the old 47th 23 Street firehouse, which was used as a police gym, 24 that’s going to be taken back right now. We’re 25 converting that into a temporary shelter for fire 19 1 victims, rather than sending them to hotels. 2 We’re going to take the building, renovate 3 it, convert it where fire victims would stay up 4 to two weeks to save on hotel costs, not only for 5 the City but also for the Red Cross. It would be 6 for Union City fire victims. 7 We have about ten -- ten rooms in there 8 that would be -- we’d have a police officer -- a 9 special, assigned to the building while it’s 10 occupied by fire victims to provide a level of 11 safety. A common dining room. 12 It’s really thinking out of box and being 13 creative. I think we’d probably be the first 14 municipality in New Jersey. 15 There’s no loss in tax dollars; we own the 16 building already. We want to put the building to 17 good use and house families, plus keep the 18 families in Union City after the fire. Keep them 19 in while they’re either looking to go back into 20 their apartment or their home or looking for a 21 new apartment in the City. 22 Makes it easier to transport them to 23 school; rather than Commissioner Valdivia having 24 buses go down and pick them up at hotels, which 25 is never a good feeling when somebody’s in a 20 1 hotel. Keeps the kids in the City; it keeps the 2 residents in the City. Keeps them going to the 3 local diner, the local restaurant on Bergenline 4 Avenue, and keeps them right here in our 5 community where they’re safe and provided for. 6 COMMISSIONER VALDIVIA: Um-hum. 7 MAYOR STACK: Anyone wishing to comment on 8 the Consent Agenda, please step forward, state 9 your name and address for the record. 10 Seeing none. 11 ACTING CITY CLERK: Is there a motion to 12 close public comment on the Consent Agenda? 13 COMMISSIONER RIVAS: Second. 14 ACTING CITY CLERK: Motion -- 15 COMMISSIONER VALDIVIA: Motion. 16 ACTING CITY CLERK: -- by Commissioner 17 Valdivia. 18 Second by Commissioner Rivas. 19 Roll call. 20 Commissioner Fernandez? 21 MS. de los RIOS: I’m sorry, prior to 22 taking a vote, on item number 1 on the Consent 23 Agenda, Commissioners Martinetti, Fernandez and 24 Valdivia will be recusing on the item related to 25 Union City Board of Education. 21 1 However, we will be invoking the doctrine 2 of necessity to allow for a vote. 3 With respect to item 2, Commissioner 4 Fernandez will be recusing with respect to page 1 5 on the issue regarding the Redevelopment Agency. 6 And as well as on item 18, with respect to 7 Brown Street, Commissioner Fernandez will also be 8 recusing on that. 9 ACTING CITY CLERK: Okay. 10 So, roll call. 11 Commissioner Fernandez, -- 12 COMMISSIONER FERNANDEZ: As it pertains -- 13 ACTING CITY CLERK: -- except -- 14 COMMISSIONER FERNANDEZ: As it pertains to 15 those three items, items 1, as it pertains to 16 Union City Board of Education, items 2, as it 17 pertains to any item related to the Redevelopment 18 Agency, and item 18, as it pertains to Brown 19 Street, I abstain on all those; otherwise, yes. 20 ACTING CITY CLERK: Yes. 21 Commissioner Rivas? 22 COMMISSIONER RIVAS: Aye. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner 22 1 Martinetti? 2 COMMISSIONER MARTINETTI: I’m recusing on 3 any items pertaining to the Board of Education 4 and Construction Official; aye on the rest. 5 ACTING CITY CLERK: Mayor Stack? 6 MAYOR STACK: Yes. 7 ACTING CITY CLERK: Is there a motion to 8 approve all items on the Consent Agenda? 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion by Mayor Stack. 11 COMMISSIONER VALDIVIA: Second. 12 ACTING CITY CLERK: Second by Commissioner 13 Valdivia. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: As stated before, 16 I’m recusing from items 1, 2 and 18, as it 17 pertains to Union City Board of Education, Union 18 City Redevelopment Agency and Brown Street; 19 otherwise, yes. 20 ACTING CITY CLERK: Commissioner Rivas? 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti? 23 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: And Mayor Stack? 3 MAYOR STACK: Yes. 4 5 ORDINANCE(S) FOR INTRODUCTION: 6 7 1. AN ORDINANCE AMENDING CHAPTER IV, 8 ADMINISTRATION OF GOVERNMENT ARTICLE XIII SECTION 9 4-75, POLICE DEPARTMENT 10 11 ACTING CITY CLERK: Next item is an 12 Ordinance for Introduction. 13 This Ordinances will further -- will be 14 further considered at a meeting of the Board of 15 Commissioner to be held on February 3rd, 2015, at 16 seven p.m. at the Washington School, 3905 New 17 York Avenue, Union City, New Jersey. 18 This Ordinance Amending Chapter IV, 19 Administration of Government, Article VIII (sic) 20 -- I’m sorry, Article XIII, Section 4-75, Police 21 Department. 22 MAYOR STACK: This Ordinance -- I know this 23 Ordinance is only being introduced at this time 24 but this should just increase the number -- the 25 percentage of police officers that could be drug 24 1 tested from five percent to ten percent of the 2 total number. 3 MS. de los RIOS: And also steroids will be 4 tested. 5 MAYOR STACK: I’m sorry? 6 MS. de los RIOS: And also it -- it allows 7 for the testing of steroids. 8 MAYOR STACK: And also the testing of 9 steroids. 10 ACTING CITY CLERK: Is there a motion? 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER FERNANDEZ: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Fernandez. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: Yes. 19 ACTING CITY CLERK: Commissioner Rivas? 20 COMMISSIONER RIVAS: Yes. 21 ACTING CITY CLERK: Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes. 25 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 REGULAR AGENDA: 5 6 1. Resolution Approving the Redevelopment 7 Agency Payroll for the Period of December 31, 8 2014 through January 13, 2015 9 10 ACTING CITY CLERK: Next item is the 11 Regular Agenda. 12 Item 1. 13 Resolution Approving the Redevelopment 14 Agency Payroll for the Period December 31st, 2014 15 through January 13, 2015. 16 Is there a motion to approve item 1 on the 17 Regular Agenda? 18 MAYOR STACK: I’ll move it. 19 ACTING CITY CLERK: Motion by Mayor Stack. 20 COMMISSIONER VALDIVIA: Second. 21 ACTING CITY CLERK: Second by Commissioner 22 Valdivia. 23 Roll call. 24 Commissioner Fernandez? 25 Recusing. 26 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 REGULAR AGENDA: 12 13 2. Resolution to Establish Temporary 14 Appropriation to the Fiscal Year 2015 Budget 15 16 ACTING CITY CLERK: Item 2. 17 Resolution to Establish Temporary 18 Appropriation to the Fiscal Year 2015 Budget. 19 MAYOR STACK: I’ll move it. 20 ACTING CITY CLERK: Motion by Mayor Stack. 21 COMMISSIONER MARTINETTI: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Martinetti. 24 Roll call. 25 Commissioner Fernandez? 27 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 3. Resolution Approving Lease Agreement for 15 the Bruce D. Walter Recreation Center with the 16 Union City Board of Education 17 18 ACTING CITY CLERK: Item 3. 19 Resolution Approving Lease Agreement for 20 the Bruce D. Walter Recreation Center with the 21 Union City Board of Education. 22 MAYOR STACK: I’ll move it. 23 COMMISSIONER MARTINETTI: Second. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 Second by Commissioner Martinetti. 28 1 Roll call. 2 Commissioner Fernandez; recusing. 3 Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: I’m recusing. 10 MS. de los RIOS: And we’re invoking the 11 doctrine of necessity. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 REGULAR AGENDA: 16 17 4. Resolution Approving a Memorandum of 18 Understanding Between the City of Union City and 19 the County of Hudson Authorizing the City to Use 20 County Property 21 22 ACTING CITY CLERK: Item 4. 23 Resolution Approving Memorandum of 24 Understanding Between the City of Union City and 25 the County of Hudson Authorizing the City to Use 29 1 County Property. 2 Is there a motion? 3 MAYOR STACK: Just before we do I would 4 just like to thank the County for their 5 cooperation helping Union City with using some of 6 their County property with our DPW garage, the 7 issues that we’ve been having there. And also 8 with the mechanic situation. 9 I thank the County Executive, along with 10 the County Administrator, for offering this to 11 Union City. 12 And there’s no cost to the taxpayer. 13 Yes? 14 MR. PRICE: Larry Price. 15 Exactly what County property are we using? 16 MAYOR STACK: It would be on -- it would be 17 on the Central Garage on Hoboken Avenue and also 18 a property at Academy Street. 19 There’s no cost to the taxpayer. 20 MR. PRICE: Oh, not in -- not within Union 21 City? 22 MAYOR STACK: No. No. 23 MR. PRICE: Okay. Then a following 24 question. 25 On 5th Street, now we have that open space 30 1 that we were going to use for -- there are like a 2 dozen school -- or a half a dozen school buses 3 and a dozen police cars there; that’s still State 4 property. 5 MAYOR STACK: Still State property. 6 They’re just giving -- letting us use it right 7 now until they decide what they want to do with 8 the property. 9 MR. PRICE: There are two temporary tents I 10 would call them -- semi-rigid buildings there. 11 Are those for the use of the -- our DPW? 12 MAYOR STACK: That’s for our use. Yes it 13 is. 14 Is it a question on this item? 15 MR. HEINIS: No. 16 MAYOR STACK: Okay, I’ll move it. 17 ACTING CITY CLERK: Motion made by Mayor 18 Stack. 19 COMMISSIONER FERNANDEZ: Second. 20 ACTING CITY CLERK: Second by Commissioner 21 Fernandez. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas? 31 1 Recusing. 2 Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 MS. de los RIOS: Recusing. 7 COMMISSIONER MARTINETTI: Recusing. 8 ACTING CITY CLERK: Recusing. 9 Mayor Stack? 10 MAYOR STACK: Yes. 11 12 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 13 14 ACTING CITY CLERK: Mayor, do you wish to 15 take -- 16 MAYOR STACK: Sure. 17 Just before we do, I would just like to -- 18 ACTING CITY CLERK: -- public comment? 19 MAYOR STACK: Just before we take any 20 public comment, I’d just like to thank those 21 members of the public that are here this evening. 22 Everyone knows in Union City we have plenty 23 of public outreach; between the Mayor’s Mobile 24 Office, the Police Community Meetings, which 25 we’ll be starting again very shortly. 32 1 Last year we held in excess of about 85 2 Police Community Meetings. And all the different 3 events that we have, whether it’s the Commission 4 Meetings -- we now move a hundred percent of our 5 Commission Meetings throughout the City and we’ll 6 continue to do that. 7 I’d like to thank the Commissioners for 8 supporting that idea; something we do -- every 9 two weeks we move our meeting around the City and 10 try to get as much public input as possible. 11 Once again, thank you. 12 Anyone at this time who has any questions 13 or comments, please step forward. 14 Yes? Caesar? Sure. 15 MR. DARIAS: Hello. 16 MS. DILLON: Name and address for the 17 record please? 18 MR. DARIAS: Caesar Darias, 200 43 rd 19 Street, apartment 206. 20 Well, first of all, thank you very much for 21 being open and always be willing, you and the 22 Commissioners, to assist our residents. 23 The reason I’m here, residents of my 24 building asked if I could come here and speak on 25 their behalf. And since members of the public 33 1 are going to be here, they -- a lot of people in 2 my building feel that there’s a serious problem 3 with mail delivery. 4 Letters getting put in the wrong mailboxes, 5 letters from other places in Union City getting 6 put in peoples’ mailboxes or just being dropped 7 off. 8 And I was wondering if it’s just unique to 9 our building or if you’ve heard of this problem; 10 if other people in this vicinity have heard of 11 this problem? 12 MAYOR STACK: Sure. 13 Caesar, you and I speak quite often. 14 Absolutely it happens. It happens to me where I 15 live on 6th and New York Avenue. 16 I probably received about 40 complaints. 17 It’s actually improved from where we were over a 18 year ago. I will work with you on the situation. 19 We have a new postmaster who’s relatively 20 new in Union City; he seems much more of an 21 individual that wants to communicate with the 22 public and make it right in Union City. 23 I got problems with letters that we even 24 mail out from officially from Union City not 25 being delivered properly, being left in a 34 1 hallway, going to the wrong address. 2 So we’re all experiencing this. There’s no 3 doubt about it. 4 I think part of the problem is there’s no 5 really permanent mail carriers anymore like we 6 once had. 7 MR. DARIAS: Right. 8 MAYOR STACK: I remember as a kid -- 9 MR. DARIAS: Yeah. 10 MAYOR STACK: -- we had the same mail 11 carrier probably for 20 years in my area. 12 Everybody knew him as Lou. He would come down 13 all the time. Now that’s changed and it’s a 14 different person all the time. 15 And the post office never ceases to amaze 16 me. You’d think their service would increase now 17 with email and computer technology they’d be -- 18 MR. DARIAS: Right. 19 MAYOR STACK: -- more out there in customer 20 service trying to keep their customers but 21 they’re not. 22 But I’ll work with you on that situation. 23 MR. DARIAS: Thank you. 24 I think just looking at the way they dress 25 is indicative of how seriously they take their 35 1 job. 2 But anyway I thought -- I came here because 3 maybe I thought you would say, no I never heard 4 of this, and other people -- 5 MAYOR STACK: No. 6 MR. DARIAS: -- would know. 7 MAYOR STACK: No, absolutely. 8 MR. DARIAS: But thank you. 9 MAYOR STACK: Thank you. 10 MR. DARIAS: Thank you very much. 11 MAYOR STACK: And, if you can, if you could 12 just reach out to me later or tomorrow, I’ll work 13 with you on that with the postmaster. 14 MR. DARIAS: Thank you. 15 MAYOR STACK: Sure. 16 ACTING CITY CLERK: Anybody else? 17 COMMISSIONER FERNANDEZ: Yeah, it happens 18 to me at my house. 19 MAYOR STACK: Yeah, all of us. 20 MS. DILLON: Name for the record please? 21 MR. HEINIS: Yes. 22 John Heinis, 78 Montclair Ave; that’s 23 Little Falls. 24 So, I just -- I guess I just missed it. 25 The item about the police reform, the drug 36 1 testing, what -- what item was that? 2 MAYOR STACK: It’s on -- it’s on ordinances 3 to be introduced. 4 MR. HEINIS: Okay. 5 Could you just give me a little more detail 6 about what that entails? It sounds like an 7 interesting proposal. 8 MAYOR STACK: Sure. At our next meeting 9 we’ll go into much more detail when we have the 10 hearing. 11 MR. HEINIS: Okay. No problem. 12 And then, Mayor, another thing. You’re 13 obviously aware of this ongoing investigation 14 with the Community Development Agency. Obviously 15 this is a federal investigation. 16 But I was curious if there was anything 17 internally that the City of Union City could do 18 to try to facilitate or help the situation? 19 MAYOR STACK: My comments were made on the 20 record with nj.com. 21 MR. HEINIS: Okay. 22 And other than that, just regarding the 23 deal with the County of Hudson, regarding the 24 DPW. Is that something permanent through the 25 winter? Or what’s the timeframe on that? 37 1 MAYOR STACK: We’ll give you a copy of the 2 Resolution; it’s for five years. 3 MR. HEINIS: Thank you, Mayor. 4 MAYOR STACK: Anyone else wishing to 5 comment at this time; please step forward. 6 No? Okay. 7 At this portion, we’ll be going into liquor 8 hearings -- I believe liquor transfers and liquor 9 hearings at this portion of the meeting. 10 Everyone is welcome to stay. 11 And I’d just like to thank everyone again 12 for coming out this evening. 13 Please don’t hesitate, any problems, any 14 concerns, to please call me on my cell phone at 15 any time. 16 Thank you very much, everyone. 17 Mr. Farmer? 18 ACTING CITY CLERK: Is there -- 19 MAYOR STACK: I believe Mr. Farmer? 20 ACTING CITY CLERK: Is there a motion to 21 close the public comment -- 22 MAYOR STACK: Motion to close the public 23 portion of the meeting. 24 COMMISSIONER VALDIVIA: Second. 25 ACTING CITY CLERK: Motion by Mayor Stack. 38 1 Second by Commissioner Valdivia. 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: Commissioner 10 Martinetti? 11 Mayor Stack? 12 MAYOR STACK: Yes. 13 (Whereupon, there was a pause in the 14 proceedings.) 15 16 17 18 19 20 21 22 23 24 25 39 1 LIQUOR LICENSE TRANSFER HEARING: 2 3 PERSON TO PERSON LIQUOR LICENSE TRANSFER FROM 4 MI BANDERA LIQUORS, CORP., T/A MI BANDERA LIQUORS 5 AND OPERATING AS MI MANDERA SUPERMARKET (LL 0910- 6 44-169-005), LOCATED AT 518 32ND STREET, UNION 7 CITY, NJ TO FUERTE LIQUORS, INC. 8 9 MR. FARMER: Mayor and Board, I think a 10 matter that’s before you is a transfer relative 11 to Mi Bandera. 12 Alongside of me is Jose Rodriguez -- yeah, 13 Jose Rodriguez, the attorney for Mi Bandera. And 14 obviously he can speak for himself, so I’d ask 15 Mr. Rodriguez to place his appearance on the 16 record. 17 Mine is Gregory Farmer on behalf of the 18 Union City ABC Prosecutor. 19 MR. RODRIGUEZ: Good evening, Mayor and 20 Board. Jose Rodriguez on behalf of Fuerte 21 Liquors, seeking the person to person transfer of 22 the Mi Bandera’s liquor license. 23 MAYOR STACK: Okay. 24 And this will remain at the same location, 25 Mr. Rodriguez? 40 1 MR. RODRIGUEZ: Yes, sir. 2 MAYOR STACK: Great. 3 Thank you very much for your patience on 4 this matter. 5 Thank you. 6 MR. RODRIGUEZ: Thank you. 7 MAYOR STACK: Thank you very much. 8 Any questions? 9 Any concerns? 10 This will be a person to person transfer at 11 the same location at the Mi Bandera. 12 I’ll make a motion to approve. 13 MR. RODRIGUEZ: Thank you, Mayor. 14 COMMISSIONER VALDIVIA: Second. 15 COMMISSIONER FERNANDEZ: Second. 16 Second. 17 MAYOR STACK: A motion. 18 A second. 19 I made a motion to approve. 20 ACTING CITY CLERK: This was not on the 21 agenda though, right? 22 You know that? 23 MS. de los RIOS: We’re -- 24 MAYOR STACK: Go right ahead. 25 ACTING CITY CLERK: This -- 41 1 Okay. Motion made by Mayor Stack. 2 COMMISSIONER FERNANDEZ: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Fernandez. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: Yes. 8 ACTING CITY CLERK: Commissioner Rivas? 9 COMMISSIONER RIVAS: Yes. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti? 14 COMMISSIONER MARTINETTI: Yes. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Yes. 17 Thank you very much. 18 MR. RODRIGUEZ: Thank you very much, Mayor. 19 MAYOR STACK: Good luck. 20 Thank you. Thank you. 21 MR. RODRIGUEZ: Greg, thank you. 22 MR. FARMER: Good job. 23 24 * * * 25 42 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Plaza Espana Inc. t/a La Plaza Espana Bar & 4 Restaurant, 2506 Bergenline Avenue, Liquor 5 License No. 0910-33-136-020 6 2. Bambinas Bar & Restaurant t/a Milagro 7 Ecuatoriano Restaurant, 2906 Bergenline Avenue, 8 Liquor License No. 0910-33-040-009 9 MR. FARMER: We have two matters on this 10 evening. 11 * * * 12 13 PLAZA ESPANA INC. t/a LA PLAZA ESPANA BAR & 14 RESTAURANT, 2506 Bergenline Avenue, 15 Liquor License Number 0910-33-136-020 16 17 MR. FARMER: The first one on the agenda is 18 Plaza Espana Inc. 19 This afternoon I received a phone call from 20 Mr. Sarsano indicating that he had just been 21 retained by the licensee and requested an 22 adjournment. 23 I would think that -- and I’ve spoken to 24 the police officers on this -- I would eventually 25 think that this is going to be a plea, which will 43 1 probably take place at the next hearing. 2 So I’d ask that that be carried to the next 3 meeting. 4 The second one is Bambinas -- 5 MAYOR STACK: That would go to the next 6 meeting, Mr. Farmer? 7 MR. FARMER: Yes. 8 MAYOR STACK: And when is -- when is our 9 next meeting? 10 ACTING CITY CLERK: February 3 rd. 11 MAYOR STACK: February 3rd? 12 And where will that be? 13 COMMISSIONER VALDIVIA: Washington School. 14 ACTING CITY CLERK: Washington; that’s 15 right. 16 MAYOR STACK: And, Mr. Farmer, notice will 17 be sent out? 18 MR. FARMER: Yes. 19 MAYOR STACK: Okay. 20 MR. FARMER: Yes. 21 * * * 22 23 24 25 44 1 BAMBINAS BAR & RESTAURANT t/a MILAGRO ECUATORIANO 2 RESTAURANT, 2906 Bergenline Avenue 3 Liquor License Number 0910-33-040-009 4 5 (Whereupon, Sol Villon, Interpreter, 6 translated from English to Spanish and Spanish to 7 English for Vilma Mayorca, Licensee.) 8 9 MR. FARMER: The next one is Bambinas Bar 10 and Restaurant. The licensee is here. We have 11 an interpreter. We have the police officer. 12 MAYOR STACK: Good. Let’s proceed. 13 MS. DILLON: Officer, can I just ask you to 14 go in front of the microphone for me? 15 MR. FARMER: If it please the Board, I have 16 spoken to the licensee who’s here tonight and who 17 is Spanish-speaking and we have a court 18 interpreter here to translate on her behalf. 19 She came to my office in a normal course of 20 events because my practice is to notify licensees 21 that the case is on like for tonight, January 22 20th, and the week before I invite them to come to 23 my office to discuss whether or not we can 24 resolve the matter by way of a plea. 25 I have spoken to her and we’ve agreed that 45 1 the -- that the suspension would be 14 days. 2 It should be noted that the licensee is 3 coming off a ten day suspension that expired 4 three or four days before this incident happened. 5 And what this incident was was a fight at the 6 soccer -- at a soccer game, a TV soccer game. 7 The police officer, Detective Musa, is here 8 and can describe to the Board exactly what he saw 9 and observed. 10 The licensee has repeatedly asked me can I 11 do better, do I -- I’m poor, I’m this, that or 12 the other thing. 13 And I said, look, given the fact that you 14 had a ten day suspension, 14 days is appropriate; 15 we can’t give you the same suspension we gave you 16 last time. And -- 17 MAYOR STACK: What exactly happened? 18 MR. FARMER: This time? 19 MAYOR STACK: Yes. 20 MR. FARMER: This was -- well, I guess 21 Detective Musa can tell us, but what it was was a 22 fight, basically, a brawl -- 23 THE INTERPRETER: But it was not a fight. 24 MR. FARMER: -- in the aftermath of a 25 soccer game, there were things thrown around. A 46 1 person was injured by way of a broken bottle. 2 And there was a large crowd that had to get 3 disbursed and the Police responded. 4 Detective, why don’t you tell us what your 5 recollection -- 6 MS. DILLON: Let me swear him in, Mr. 7 Farmer. 8 MR. FARMER: Yes. 9 MS. DILLON: Detective, please raise your 10 right hand. 11 Do you affirm the testimony you’re about to 12 give this Board is the whole truth? 13 DETECTIVE MUSA: Yes. 14 MS. DILLON: Would you please state your 15 name and spell it for me? 16 DETECTIVE MUSA: Michael Musa, M-U-S-A. 17 MS. DILLON: Thank you. 18 And it’s Detective? 19 DETECTIVE MUSA: Yes. 20 MS. DILLON: Thank you. 21 MR. FARMER: Now, Detective, I’m going to 22 direct your attention to the night you had to go 23 to 2906 Bergenline Avenue, Milagro Bar and Grill. 24 Now that was on December 17th, 2014; 25 correct? 47 1 DETECTIVE MUSA: Yes. 2 MR. FARMER: What brought you there and 3 explain and describe to us what you observed and 4 what you did? 5 DETECTIVE MUSA: The call came in as a 6 large fight inside the bar and also outside. 7 When we arrived there was a male with a cut 8 -- pretty significant laceration to his hand. We 9 started speaking to him; he seemed intoxicated. 10 He was with a group of about two or three other 11 individuals. 12 He stated that there was a big fight inside 13 the bar and when he slipped he cut his hand on a 14 broken bottle that was on the -- on the ground 15 inside the bar. 16 When we entered the establishment we 17 noticed, you know, fluid -- appeared to be a beer 18 that had been spilled, some chairs turned over, a 19 few broken glasses on the ground. It was 20 apparent that there was a brawl inside the 21 establishment. 22 MAYOR STACK: Were any arrests made? 23 DETECTIVE MUSA: No, no one wanted to sign 24 any complaints. The one individual that did have 25 the laceration, he didn’t even want medical 48 1 attention. EMS looked him -- looked at him, put 2 a bandage on his hand and he said he wanted to go 3 home. The individuals he was with took him home 4 and everybody went home. Nobody wanted to sign 5 complaints, so. 6 MAYOR STACK: Did they -- did they appear 7 to be intoxicated? 8 DETECTIVE MUSA: The one individual with 9 the laceration, yes. Everyone else, I mean not 10 overboard. They did -- you know. He was 11 probably the only that appeared to be a little -- 12 MAYOR STACK: And how many -- 13 You might have said this; I might have 14 missed it though, Detective. 15 How many -- how many patrons were in the 16 bar -- when you got in the bar/restaurant when 17 you got there? 18 DETECTIVE MUSA: At that time the group 19 had, basically, gone down. Exactly how many 20 people, I don’t remember. I know it was a large 21 crowd and then the uniform officers that got 22 there first started disbursing the crowd. So by 23 the time we arrived it was less people. But 24 apparently there was a lot more people. 25 THE INTERPRETER: I had about 25 to 30 49 1 people that day. 2 MAYOR STACK: Okay. We’ll call upon her to 3 speak in one second. 4 And how many units arrived on that scene? 5 Roughly. 6 DETECTIVE MUSA: I think I remember seeing 7 three uniform vehicles and two detectives, myself 8 and another one. 9 I don’t remember exactly how many officers. 10 There’s probably anywhere four to five uniformed 11 officers, two detectives. 12 MAYOR STACK: Does -- would the licensee 13 like to consult an attorney? 14 THE INTERPRETER: No. 15 MAYOR STACK: No. 16 She -- 17 THE INTERPRETER: I don’t have the means or 18 the money for -- 19 MAYOR STACK: And she understands that Mr. 20 Farmer is recommending a 14 day suspension? 21 THE INTERPRETER: Yes, I understand, Mayor. 22 What I would like to please, I ask you, I’m 23 pleading, if you would please put less days you 24 have to understand I haven’t been able to make my 25 annual contribution to the City, which I usually 50 1 help with -- 2 MAYOR STACK: Well, just -- let me just 3 interrupt one minute. 4 Contributions? Whatever contribution she’s 5 talking about, has no bearing on this hearing. 6 And that’s totally, totally inappropriate. 7 THE INTERPRETER: I’m just saying that I 8 have not been able to -- 9 MR. FARMER: I think she may be referring 10 to real estate tax. 11 MAYOR STACK: Okay. 12 THE INTERPRETER: No. 13 MR. FARMER: No? 14 THE INTERPRETER: Oh, the house, yes. The 15 house. The house taxes, yes. Because business 16 is really slow, -- 17 COMMISSIONER MARTINETTI: House taxes. 18 MAYOR STACK: Okay. 19 THE INTERPRETER: -- really bad. Correct. 20 MAYOR STACK: I understand that but she -- 21 THE INTERPRETER: From the moneys that I 22 collect -- 23 MAYOR STACK: -- she has to understand what 24 Mr. Farmer and Detective Musa -- what Detective 25 Musa have indicated here is that this was very 51 1 serious. 2 THE INTERPRETER: The people became 3 emotional and then they spilled over a beer. You 4 know, the game, they get -- they get emotional 5 throughout the game. It was not a fight per se. 6 They get excited. As a matter of fact, the 7 individual, it was just a little cut to his 8 finger. He didn’t even want to be taken to the 9 hospital or medical attention. Because he really 10 didn’t get hurt; it was nothing. 11 But, you know, it’s the excitement of the 12 people because of the game. It was the last game 13 -- football game and there was a goal and that’s 14 where -- 15 MAYOR STACK: But what -- 16 THE INTERPRETER: -- the excitement of the 17 people. 18 MAYOR STACK: -- what about having 19 security? 20 I mean this time -- this time she may 21 have -- she -- 22 THE INTERPRETER: Well, there were diners 23 watching. They were just -- (indiscernible). 24 Everything was calm and it was during the day. 25 MAYOR STACK: I know but -- I know but the 52 1 fact of the matter is she had a fight, she had a 2 fight there. So why not think about -- why not 3 think about putting in security. 4 Does she have cameras, Greg? 5 THE INTERPRETER: Cameras? 6 MR. FARMER: No. 7 MAYOR STACK: No. 8 MS. DILLON: Excuse me? 9 THE INTERPRETER: From now on I will get 10 security. 11 MS. DILLON: I don’t have her name for the 12 record. 13 MAYOR STACK: I’m sorry? 14 MS. DILLON: I need the name of the 15 licensee. 16 MAYOR STACK: I’m sorry. Yeah. 17 MS. DILLON: You know -- 18 MAYOR STACK: I’m having a hard time 19 hearing her, too. 20 MS. DILLON: I know. 21 MAYOR STACK: Yeah, I am too. 22 MS. DILLON: But I need to say who -- 23 MAYOR STACK: I understand. 24 MS. DILLON: -- the interpreter is 25 interpreting for. 53 1 MAYOR STACK: Okay. 2 MS. DILLON: Her name please? 3 THE INTERPRETER: Vilma Majorca. 4 MS. DILLON: Spell it for me? 5 MS. VILLON: Last name? 6 M-A-J-O-R-C-A. 7 Vilma, V-I-L-M-A. 8 MS. DILLON: Thank you. 9 MR. FARMER: Okay? 10 MAYOR STACK: Okay. 11 Greg, you have anything that you want to 12 add to this? 13 MR. FARMER: I just want to point out that 14 in the police report seven police officers 15 arrived. Sergeant Vega, Detective Goodwin, 16 Patrolman Diaz, Patrolman Lattiani (sic), 17 Detective Musa, Detective Williams and Detective 18 Mendoza. So there were seven cops that showed 19 up. 20 MAYOR STACK: What’s the history on this 21 license? 22 MR. FARMER: Well, the history is that -- 23 and I -- they had a ten day suspension for a 24 brawl from December 1st of 2014 to December 14th. 25 This incident happened on December 17th. 54 1 Like I said they came off -- 2 MAYOR STACK: Yeah, -- 3 MR. FARMER: I’m just trying to get the 4 right page here. 5 MAYOR STACK: Yeah, well that ties into the 6 security issue that I’m raising here. 7 You’re talking about two fights within a 8 month. 9 MR. FARMER: Yeah, you’re talking ten days. 10 It was December 1st to December 10th. And this 11 incident occurred December 17 th. 12 THE INTERPRETER: Usually the -- these 13 games are during the day. But if it’s nighttime 14 I do get security. But this was during the 15 day -- 16 MR. FARMER: What time? 17 DETECTIVE MUSA: That was like nine -- 18 MAYOR STACK: I know but there seems to be 19 a pattern developing here. You have two fights 20 in a very short period of time. 21 MR. FARMER: This happened at ten o’clock 22 at night. 23 MAYOR STACK: At night. 24 MR. FARMER: Yeah. 25 MAYOR STACK: At night. 55 1 Where was the security at this one? 2 Detective, is that -- is that correct? 3 DETECTIVE MUSA: Yeah, it was dark. It was 4 well after nine o’clock. 5 I come in at seven o’clock and I had 6 already been at work for a while. 7 THE INTERPRETER: Football game, yeah, 8 maybe nine. I can’t say the exact time, yes, the 9 football game. 10 MAYOR STACK: All right. 11 I’m going to make a motion to approve Mr. 12 Farmer’s recommendation. 13 COMMISSIONER RIVAS: I’ll second it. 14 ACTING CITY CLERK: Motion made by Mayor 15 Stack. 16 Second by Commissioner Rivas. 17 Roll call. 18 Commissioner Fernandez? 19 COMMISSIONER FERNANDEZ: Yes. 20 ACTING CITY CLERK: Commissioner Rivas? 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti? 56 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 MR. FARMER: Okay, that concludes -- 5 MAYOR STACK: I strongly recommend to have 6 security. 7 What -- what I would do, she should consult 8 with Lieutenant Loaces who can -- who can maybe 9 talk to her about a camera system. Maybe getting 10 some cameras in there and also security. 11 THE INTERPRETER: I do have security 12 cameras. As a matter of fact, the officers were 13 able to see on the cameras that it was -- it was 14 not a fight that broke out. It was not a fight. 15 MAYOR STACK: Did you review the cameras, 16 Detective Musa? 17 DETECTIVE MUSA: I did not see any cameras. 18 MAYOR STACK: No. 19 THE INTERPRETER: Another police officer 20 went in and he -- 21 DETECTIVE MUSA: I was the one who -- 22 (indiscernible) -- 23 THE INTERPRETER: He asked and he just 24 looked there -- 25 MAYOR STACK: Okay. 57 1 Greg? 2 THE INTERPRETER: -- for a while and my son 3 also recorded on his cell phone. 4 MAYOR STACK: I mean we’re voting on this 5 now. 6 Is she contesting what we’re saying then or 7 do you have an agreement? 8 MR. FARMER: No. 9 Yes, we have an agreement. 10 MAYOR STACK: All right. All right. So we 11 moved the Resolution; we passed the Resolution. 12 Very good. Okay. 13 Thank you. 14 MR. FARMER: Okay. 15 * * * 16 17 18 19 20 21 22 23 24 25 58 1 ADJOURNMENT: 2 3 ACTING CITY CLERK: There are no other 4 items on the agenda. 5 Is there a motion to adjourn? 6 COMMISSIONER RIVAS: Motion. 7 MAYOR STACK: Lieutenant Loaces, you have 8 anything for us? 9 No? 10 ACTING CITY CLERK: Motion by Commissioner 11 Rivas. 12 COMMISSIONER FERNANDEZ: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Fernandez. 15 All in favor? 16 17 (Whereupon, there was a chorus of ayes.) 18 19 ACTING CITY CLERK: Okay, done. 20 21 (Whereupon, the proceedings were concluded 22 at 7:38 p.m.) 23 24 25 59 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 60 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, January 20, 2015 and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored by and Proofread by: Deborah Dillon

Agenda

CITY  OF  UNION  CITY   County of Hudson, State of New Jersey Board of Commissioners Meeting Agenda REGULAR PUBLIC MEETING of the Union City Board of Commissioners being held on Tuesday, January 20, 2015 at 7:00 p.m. at the Roosevelt School, 4507 Hudson Avenue, Union City, New Jersey. PLEDGE OF ALLEGIANCE OPENING STATEMENT This meeting has been called in accordance with Chapter 231, Public Law of 1975, the “Open Public Meetings Act.” Adequate notice of this Meeting has been provided as follows: Notice of this meeting setting forth the time, date, location, and the agenda, to the extent known, was forwarded to THE JERSEY JOURNAL, THE RECORD, and THE HUDSON REPORTER, has been posted on the bulletin board in City Hall and has been made available to the public in the Office of the Municipal Clerk. ROLL CALL: COMMISSIONERS FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK APPROVAL OF PREVIOUS MEETING MINUTES Motion must be duly made and seconded that the meeting minutes of the Board of Commissioners Meeting held on December 16 & December 23, 2014 be approved and recorded. Motion to Approve Motion made by seconded by ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: ORDINANCES FOR HEARING AND ADOPTION CONSIDERATION ( ) AN ORDINANCE AMENDING CHAPTER 233 “LAND DEVELOPMENT” SECTION 12 OF THE CODE OF THE CITY OF UNION CITY ENTITLED “CONSTRUCTION REQUIREMENTS” Motion to Close Public Hearing Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: Final Reading Municipal Clerk will proceed to read title on final reading. Motion to Adopt Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: CONSENT AGENDA 1. Resolution Approving the Payment of Claims 2. Resolution Approving the Payment of Concurring Claims 3. Resolution Approving the City Payroll for the Period of December 31, 2014 through January 13, 2015 4. Resolution Approving the Library Payroll for the Period of December 31, 2014 through January 13, 2015 5. Resolution Authorizing State Contract with GTBM for Equipment for Police Cars 6. Resolution Authorizing Advertisement for Bid for the Summit Avenue Section 3 (15th Street to 22nd Street) improvements Project 7. Resolution Authorizing Advertisement for Bid for the 2015 Road Program (Phase 1) Improvements Project 8. Resolution Authorizing Advertisement for Bid for the 2015 Road Program (Phase 2) Improvements Project 9. Resolution Approving Disciplinary Proceedings Against Caribe Club Restaurant t/a Caribe Club Restaurant Inc., 724-24th Street, Liquor License No. 0910-33-210-005 10. Resolution Approving Contract for Architectural Services for the Renovation of the 47th Street Firehouse 11. Resolution Authorizing Grant for the Green Acres Project from the State of New Jersey 12. Resolution Approving Contact for Architectural Services for the Roof Assessment of the Union City Municipal Building 13. Resolution Approving Contract for Architectural Services for the Window Repairs and Modifications to William V. Musto Cultural Center 14. Resolution Authorizing the Execution of an Installment Agreement for the Reimbursement of Tenant Relocation Costs Incurred in Connection with the Property Known as 420-13th Street 15. Resolution Approving the 2013-14 Renewal of the Salinas Bar & Restaurant, Liquor License No. 0910-33-050 16. Resolution Approving the 2014-15 Renewal of the Salinas Bar & Restaurant, Liquor License No. 0910-33-050-005 17. Resolution Approving the 2014-15 Renewal of Los Precios, Liquor License No.0910-43- 079-009 18. Resolution Authorizing Refund of Redemption Monies to Outside Lienholders 19. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 20. Resolution Authorizing a Tax Refund in Tax Appeal Decision Issued by the Tax Court of New Jersey 21. Resolution Authorizing the Refund of a Duplicate Real Estate Tax Payment 22. Any other matter of City business that may arise ***Opportunity for Citizens to Address the Board on Consent Agenda Items*** Motion to Close Public Comment Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: Motion to Approve All Items on the Consent Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK ORDINANCE(S) FOR INTRODUCTION Adoption on first reading authorizes the Municipal Clerk to advertise the Ordinance(s) with a notice of the introduction, together with a notice of the time and place when the Ordinances will be considered for final passage. The Ordinance(s) will be further considered at a meeting of the Board of Commissioners to be held on February 3, 2015 at 7:00 p.m. at the Washington School, 3905 New York Ave, Union City, New Jersey. ( ) AN ORDINANCE AMENDING CHAPTER IV, ADMINISTRATION OF GOVERNMENT ARTICLE XIII SECTION 4-75, POLICE DEPARTMENT Motion to Introduce Motion made by seconded by ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: REGULAR AGENDA 1. Resolution Approving the Redevelopment Agency Payroll for the Period of December 31, 2014 through January 13, 2015 Motion to Approve Item 1 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _______ 2. Resolution to Establish Temporary Appropriation to the Fiscal Year 2015 Budget Motion to Approve Item 2 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _______ 3. Resolution Approving Lease Agreement for the Bruce D. Walter Recreation Center with the Union City Board of Education Motion to Approve Item 3 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _______ 4. Resolution Approving a Memorandum of Understanding Between the City of Union City and the County of Hudson Authorizing the City to Use County Property Motion to Approve Item 4 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _______ ***OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD*** Comments of each person will be limited to five minutes including all responses Names and addresses need to be provided for the record. Motion to Close the Public Comment Portion of the Meeting Motion made by______________ seconded by ________________ ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 1. Plaza Espana Inc. t/a La Plaza Espana Bar & Restaurant, 2506 Bergenline Avenue , Liquor License No.0910-33-136-020 2. Bambinas Bar & Restaurant t/a Milagro Ecuatoriano Restaurant, 2906 Bergenline Avenue, Liquor License No.0910-33-040-009 Motion: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK ADJOURNMENT Motion must be duly made and seconded Motion made by_______ seconded by______

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