Board of Commissioners - Board of Commissioners Meeting
Regular MeetingUnion City, NJ · January 20, 2015
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.
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21 (Whereupon, the proceedings were concluded
22 at 7:38 p.m.)
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1 ________________________ Brian P. Stack
2 ________________________ Lucio P. Fernandez
3 ________________________ Maryury A. Martinetti
4 ________________________ Celin J. Valdivia
5 ________________________ Tilo E. Rivas
6 Board of Commissioners
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8 Attest:
9 Dominick Cantatore,
10 Acting City Clerk
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1 STATE OF NEW JERSEY:
2 :
3 COUNTY OF ESSEX :
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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.
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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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