Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Housing Authority Hillside Pavilion 3911 Kennedy Boulevard Union City, New Jersey Tuesday, March 3, 2015 Commencing at 7:06 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER M E M B E R S A B S E N T: TILO E. RIVAS, COMMISSIONER A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: MONICA E. de los RIOS, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 4 APPROVAL OF PREVIOUS MEETING MINUTES 4 ORDINANCES FOR HEARING AND ADOPTION 5 CONSENT AGENDA 7 ORDINANCES FOR INTRODUCTION 20,21 REGULAR AGENDA 22,24, 25,26 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 28 LIQUOR LICENSE HEARING 35,38 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 37 ADJOURNMENT 40  3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, March 3rd, 4 2015, at seven p.m., at the Housing Authority 5 Hillside Pavilion, 3911 Kennedy Boulevard, Union 6 City, New Jersey. 7 Everyone please rise for the Pledge of 8 Allegiance. 9 10 (Whereupon the Pledge of Allegiance was 11 said.) 12 13 ACTING CITY CLERK: This meeting has been 14 called in accordance with Chapter 231, Public Law 15 of 1975, the Open Public Meeting Act. Adequate 16 notice of this meeting has been provided as 17 follows: 18 Notice of this meeting setting forth the 19 time, the date, location, and the agenda, to the 20 extent known, was forwarded to The Jersey 21 Journal, The Record, and The Hudson Reporter, has 22 been posted on bulletin board in City Hall and 23 has been made available to the public in the 24 office of the Municipal Clerk. 25  4 1 ROLL CALL: 2 3 ACTING CITY CLERK: Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Here. 6 ACTING CITY CLERK: Commissioner Rivas is 7 absent. 8 Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Here. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Here. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Here. 15 16 APPROVAL OF PREVIOUS MEETING MINUTES FROM 17 FEBRUARY 3, 2015 AND FEBRUARY 23, 2015: 18 19 ACTING CITY CLERK: First item, Approval of 20 Previous Meeting Minutes of February 3 rd and 21 February 23rd, 2015. 22 MAYOR  STACK:    I’ll  move  it. 23 ACTING CITY CLERK: Motion made by Mayor 24 Stack. 25 COMMISSIONER VALDIVIA: Second.  5 1 ACTING CITY CLERK: Second by Commissioner 2 Valdivia. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas is 7 absent. 8 Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 16 ORDINANCES FOR HEARING AND ADOPTION 17 CONSIDERATION: 18 19 ( ) ORDINANCE AMENDING CHAPTER 155 OF THE CODE 20 OF THE CITY OF  UNION  CITY  ENTITLED  “FEES” 21 22 ACTING CITY CLERK: Next item is Ordinance 23 for Hearing and Adoption Consideration. 24 Ordinance Amending Chapter 155 of the Code 25 of Union City Entitled Fees.  6 1 Mayor, do you wish to take -- 2 MAYOR STACK: Yes. 3 Anyone wishing to comment on this Ordinance 4 at this time, please step forward, state your 5 name and address for the record. 6 Seeing none. 7 ACTING CITY CLERK: Is there a motion -- 8 MAYOR STACK: Motion. 9 ACTING CITY CLERK: -- to close public -- 10 COMMISSIONER MARTINETTI: Second. 11 ACTING CITY CLERK: Motion by Mayor Stack. 12 Second by Commissioner Martinetti. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Rivas? 17 Absent. 18 Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25 ACTING CITY CLERK: Is there a motion to  7 1 adopt? 2 MAYOR STACK: Motion. 3 ACTING CITY CLERK: Motion by Mayor Stack. 4 COMMISSIONER VALDIVIA: Second. 5 ACTING CITY CLERK: Second by Commissioner 6 Valdivia. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Yes. 10 ACTING CITY CLERK: Commissioner Rivas is 11 absent. 12 Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Yes. 14 ACTING CITY CLERK: Commissioner 15 Martinetti? 16 COMMISSIONER MARTINETTI: Yes. 17 ACTING CITY CLERK: Mayor Stack? 18 MAYOR STACK: Yes. 19 20 CONSENT AGENDA: 21 22 ( 1) Resolution Approving the Payment of Claims 23 ( 2) Resolution Approving the Payment of 24 Concurring Claims 25 ( 3) Resolution Approving the City Payroll for  8 1 the Period of February 11, 2015 through February 2 24, 2015 3 ( 4) Resolution Approving the Library Payroll 4 for the Period of February 11, 2015 through 5 February 24, 2015 6 ( 5) Resolution to Authorizing Appointment of 7 Ana Mansilla to the Hudson Regional Health 8 Commission 9 ( 6) Resolution Appointing a Poet Laureate Jorge 10 Luis Seco 11 ( 7) Resolution Approving Contract for Emergency 12 Standby Snow Plowing/Removal Services 13 ( 8) Resolution Authorizing the Tax Collector to 14 Refund Property Owner of Block 61.01, Lot 1, also 15 Known as 1201 New York Avenue 16 ( 9) Resolution to File & Accept FY 2015 Drug 17 Free Communities (DFC) Support Program Funding 18 (10) Resolution Rescinding Prior Resolution 19 Renewing Pocket License for 2014-2015 for Margyru 20 LLC Liquor License No. 0910-33-177-006 21 (11) Proclamation Supporting the State of New 22 Jersey Designating the Second Full Week in May as 23 “Women’s  Lung  Health  Week” 24 (12) Resolution Approving Amendment to Contract 25 for Architectural Services for the Roof  9 1 Assessment of the Union City Municipal Building 2 (13) Resolution Approving State Contract with 3 Dell for Computer Equipment 4 (14) Resolution Approving State Contract with 5 Atlantic Tactical of New Jersey 6 (15) Resolution Approving State Contract with 7 WatchGuard Digital 8 (16) Resolution Requesting the New Jersey 9 Council on Affordable Housing Review and Approve 10 Amendment to Chapter 40 11 (17) Resolution to Re-Appoint Member to the 12 Planning Board 13 (18) Resolution Re-Appointing Members to the 14 Zoning Board of Adjustments 15 (19) Resolution Authorizing Refund of Redemption 16 Monies to Outside Lienholders 17 (20) Resolution Authorizing the Refund of 18 Premium Monies Collected at the Tax Sale 19 (21) Resolution Authorizing the Tax Collector to 20 Adjust the First Quarter Taxes on the Attached 21 List of Properties 22 (22) Any other matter of City business that may 23 arise 24 25 ACTING CITY CLERK: Next item is a Consent  10 1 Agenda. There are 21 items on the Consent 2 Agenda. 3 The first item, Resolution Approving the 4 Payment of Claims. 5 Item 2. 6 Resolution Approving the Payment of 7 Concurring Claims. 8 Item 3. 9 Resolution Approving the City Payroll for 10 the Period of February 11, 2015 through February 11 24, 2015. 12 Item 4. 13 Resolution Approving the Library Payroll 14 for the Period February 11, 2015 to February 24, 15 2015. 16 Item 5. 17 Resolution to Authorize Appointment of Ana 18 Mansilla to the Hudson Regional Health 19 Commission. 20 Item 6. 21 Resolution Appointing a Poet Laureate Jorge 22 Luis Seco. 23 Item 7. 24 Resolution Approving Contract for Emergency 25 Standby Snow Plowing/Removal Services.  11 1 Item 8. 2 Resolution Authorizing the Tax Collector to 3 Refund Property Owner of Block 61.01, Lot 1, also 4 known as 1201 New York Avenue. 5 Item 9. 6 Resolution to File and Accept FY 2015 Drug 7 Free Community, DFC, Support Program Funding. 8 Item 10. 9 Resolution Rescinding Prior Resolution 10 Renewing Pocket License for 2014-2015 for Margyru 11 LLC Liquor License Number 0910-33-177-006. 12 Item 11. 13 Proclamation Supporting the State of New 14 Jersey Designating the Second Full Week in May as 15 “Women’s  Lung  Health  Week”. 16 Item 12. 17 Resolution Approving Amendment to Contract 18 for Architectural Services for the Roof 19 Assessment of the Union City Municipal Building. 20 Item 13. 21 Resolution Approving State Contract with 22 Dell for Computer Equipment. 23 Item 14. 24 Resolution Approving State Contract with 25 Atlantic Tactical of New Jersey.  12 1 Item 15. 2 Resolution Approving State Contract with 3 WatchGuard Digital. 4 Item 16. 5 Resolution Requesting the New Jersey 6 Council on Affordable Housing Review and Approve 7 Amendment to Chapter 40. 8 Item 17. 9 Resolution to Re-Appoint Members to the 10 Planning Board. 11 MAYOR STACK: Who is that? Who is that 12 that  we’re  reappointing? 13 Just  for  the  public’s  knowledge. 14 MS. de los RIOS: Mayor, -- 15 ACTING  CITY  CLERK:    That’s  Commissioner   16 Valdivia. 17 MS.  de  los  RIOS:    Yes.    That’s  exactly   18 right. 19 MAYOR STACK: Okay. 20 Let’s  just  make  -- state the name this way 21 the public knows. 22 That’s  Commissioner  Valdivia? 23 ACTING CITY CLERK: Commissioner Valdivia. 24 MAYOR STACK: Very good. 25 ACTING CITY CLERK: Item 18.  13 1 Resolution Re-Appointing Member to the 2 Zoning Board of Adjustment. 3 MAYOR STACK: And who is that? 4 ACTING CITY CLERK: We have quite a few 5 members. 6 MAYOR STACK: Okay. If we could just read 7 them into the record? 8 ACTING CITY CLERK: Let me get the 9 Resolutions. 10 Okay, we have -- we’re  re-appointing 11 Margarita Gutierrez. 12 We’re  also  replacing  Harlenny E. Javier 13 with Fernando  Uribe.    She’s  going to replace 14 Fernando Uribe. 15 MAYOR STACK: Who is? 16 MS. de los RIOS: Harlenny -- 17 ACTING CITY CLERK: Fernando Uribe. 18 MAYOR  STACK:    Who’s  replacing  -- 19 ACTING CITY CLERK: With Harlenny -- 20 MAYOR STACK: -- Fernando Uribe? 21 ACTING CITY CLERK: Harlenny Javier. 22 MAYOR STACK: Okay. 23 ACTING CITY CLERK: Javier. 24 MAYOR STACK: Okay. 25 ACTING CITY CLERK: Joseph D. Bonacci  14 1 replacing Jose Calderon. 2 MAYOR STACK: Okay, Jose Calderon. Okay. 3 ACTING CITY CLERK: And Elisa Flores 4 replacing Julio Valladares. 5 MAYOR STACK: Okay. 6 ACTING  CITY  CLERK:    That’s  it. 7 MAYOR STACK: Okay. 8 Dominick, on these, you send letters out to 9 all these telling them -- giving them a copy of 10 the agenda, -- 11 ACTING CITY CLERK: I did. And they came 12 to my office; I swear them all in. 13 MAYOR STACK: And you send them all a 14 letter and everything after tonight? 15 ACTING CITY CLERK: Yes, I did. 16 MAYOR STACK: Very good. 17 Thanks, Dominick. 18 ACTING CITY  CLERK:    You’re  welcome. 19 MAYOR STACK: Okay. 20 Thank you. 21 ACTING CITY CLERK: Item 19. 22 Resolution Authorizing Refund of Redemption 23 Monies to Outside Lienholders. 24 Item 20. 25 Resolution Authorizing the Refund of  15 1 Premium Monies Collected at Tax Sale. 2 Item 21. 3 Resolution Authorizing Tax Collector to 4 Adjust the First Quarter Taxes on the Attached 5 List of Properties. 6 There are no other items on the Consent 7 Agenda. 8 Do you wish to take public comment? 9 MAYOR STACK: Sure. 10 Anyone wishing to comment on the Consent 11 Agenda, please step forward, state your name and 12 address for the record. 13 MS. DILLON: Come right up here. You got 14 to come close. 15 MR. PRICE: Here? 16 MS. DILLON: Right there. 17 Just speak up, Mr. Price. 18 MR. PRICE: Okay. Larry Price, 1006 19 Palisade Avenue. 20 A question about number 16, which is the 21 New Jersey Council on Affordable Housing. 22 I thought, you know, this has been a big 23 mess for the last few years. I thought basically 24 the Council was out of business because the 25 Governor  didn’t  like  -- or a big fight, whatever.  16 1 And that basically COAH had -- was just in 2 abeyance right now. 3 MAYOR  STACK:    I  think  what  they’re  doing  is   4 just of review. 5 MS.  de  los  RIOS:    That’s  exactly  right. 6 MAYOR STACK: Monica, can you -- 7 MS. de los RIOS: They are -- what they 8 have asked us -- we are required to send our 9 Ordinance to them when it involves COAH.    We’ve   10 done that. 11 They’ve  asked  us  to  pass  a  Resolution   12 authorizing them to review that Ordinance and to 13 comment  on  its  acceptability.    That’s  all  they’ve   14 asked. 15 MR. PRICE: Okay. 16 MAYOR  STACK:    It’s  amazing  that  we  have  to   17 pass an Ordinance though, for them to -- I mean 18 pass a Resolution -- 19 MS. de los RIOS: To have them review. 20 MAYOR STACK: -- for them to review. 21 Just  doesn’t  -- 22 Okay. 23 MS. de los RIOS: Um-hum. 24 MR.  PRICE:    Like  if  you  didn’t  pass  the   25 Resolution, --  17 1 MAYOR  STACK:    They  couldn’t  review  it. 2 MR. PRICE: -- they  wouldn’t  review? 3 MAYOR  STACK:    It  doesn’t  make  sense. 4 MS.  de  los  RIOS:    They  wouldn’t  -- 5 MR.  PRICE:    It  doesn’t  make  sense. 6 MS. de los RIOS: Well, unfortunately 7 that’s  -- 8 MAYOR STACK: Right. 9 MR.  PRICE:    The  way  it’s  done. 10 MS. de los RIOS: -- that’s  the  situation. 11 And -- 12 MR. PRICE: Trenton has ways of doing 13 things. 14 MAYOR STACK: Thank you. 15 Okay, anyone else at this time? 16 Seeing no other. 17 ACTING CITY CLERK: There’s  none.   18 Is there a motion to close public comment? 19 COMMISSIONER MARTINETTI: Motion. 20 ACTING CITY CLERK: Motion made by -- 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: -- Commissioner 23 Martinetti. 24 Second by Commissioner Valdivia. 25 Roll call.  18 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas is 4 absent. 5 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 ACTING CITY CLERK: Is there a motion to 13 approve all items on the Consent Agenda? 14 MAYOR STACK: Motion. 15 ACTING CITY CLERK: Motion by Mayor Stack. 16 COMMISSIONER VALDIVIA: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Valdivia. 19 MS. de los RIOS: At this -- 20 ACTING CITY CLERK: Roll call. 21 Commissioner Fernandez? 22 MS. de los RIOS: At this -- 23 ACTING  CITY  CLERK:    Oh,  I’m  sorry. 24 MS. de los RIOS: -- time, -- 25 I’m  sorry,  Dominick.  19 1 At this time, with respect to item number 1 2 on the Consent Agenda, it is recommended that 3 Commissioner Fernandez recuse on the line item 4 with regard to the Union City Redevelopment 5 Agency. 6 In addition, with respect to item number 7 21, it is also recommended that Commissioner 8 Fernandez recuse himself from any property with 9 an address of Brown Street. 10 ACTING CITY CLERK: So, Commissioner 11 Fernandez, everything else yes, -- 12 COMMISSIONER FERNANDEZ: As stated -- 13 ACTING CITY CLERK: -- except -- 14 COMMISSIONER FERNANDEZ: -- by  counsel,  I’m   15 recusing on item 1 as it pertains to 16 Redevelopment Agency and item 21 as it pertains 17 to any property on Brown Street; otherwise, yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 Absent. 20 Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack?  20 1 MAYOR STACK: Yes with the exception noted. 2 3 ORDINANCE(S) FOR INTRODUCTION: 4 5 (1.) AN ORDINANCE AMENDING CHAPTER 223  “LAND 6 DEVELOPMENT”  OF  THE  CODE  OF  THE  CITY  OF  UNION   7 CITY 8 9 ACTING CITY CLERK: Next item is the 10 Ordinance for Introduction. There are two 11 Ordinance for Introduction. 12 This Ordinance will be further considered 13 at a meeting of the Board of Commissioner to be 14 held on March 17, 2015, at seven p.m., at the 15 Holy Cross Armenian Center, 2610 Bergenline 16 Avenue, Union City, New Jersey. 17 First Ordinance is Amending Chapter 223 18 Land Development of the Code of the City of Union 19 City. 20 Is there a motion to introduce? 21 MAYOR STACK: A motion to introduce. 22 Also, just to be certain that Kara 23 Kaczynski is at the hearing on the Ordinance; and 24 also Brian Chewcaskie. 25 MS. de los RIOS: Brian Chewcaskie?  21 1 MAYOR STACK: Yes. 2 MS. de los RIOS: Yes, Mayor. 3 MAYOR STACK: Motion. 4 ACTING CITY CLERK: There’s  a  motion by 5 Mayor Stack. 6 COMMISSIONER MARTINETTI: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Martinetti. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas is 13 absent. 14 Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 22 ORDINANCE(S) FOR INTRODUCTION: 23 24 (2.) AN ORDINANCE AMENDING CHAPTER XVI OF THE 25 “REVISED  GENERAL  ORDINANCE  OF  THE  CITY  OF  UNION    22 1 CITY,  1996” 2 3 ACTING CITY CLERK: Next Ordinance Amending 4 Chapter XVI of the Revised General Ordinance of 5 the City of Union City, 1996. 6 Is there a motion to introduce? 7 COMMISSIONER MARTINETTI: Motion. 8 MAYOR STACK: Motion. 9 ACTING CITY CLERK: Motion by Commissioner 10 Martinetti. 11 Second by Mayor Stack. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner Rivas? 16 Absent. 17 Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 25 REGULAR AGENDA:  23 1 2 1. Resolution Approving the Redevelopment 3 Agency Payroll for the Period of February 11, 4 2015 through February 24, 2015 5 6 ACTING CITY CLERK: Next item is the 7 Regular Agenda. 8 First item is Resolution Approving the 9 Redevelopment Agency Payroll for the Period of 10 February 11, 2015 through February 24, 2015. 11 COMMISSIONER MARTINETTI: Motion. 12 ACTING CITY CLERK: Motion by Commissioner 13 Martinetti. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 Valdivia. 17 Roll call. 18 Commissioner Fernandez; recusing. 19 Commissioner Rivas? 20 Absent. 21 Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes.  24 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 REGULAR AGENDA: 5 6 2. Resolution Approving Memorandum of 7 Understanding with Hudson County for Use of 2014 8 Ford Explorer 9 10 ACTING CITY CLERK: Item 2 is Resolution 11 Approving Memorandum of Understanding with Hudson 12 County for Use of 2014 Ford Explorer. 13 MAYOR STACK: Just on the next two, just 14 for  the  Commissioners’  and  the  public’s   15 edification, the Ford Explorer and the Crown 16 Victoria are both being put into the -- they’re   17 already in the Police fleet at this time. 18 ACTING CITY CLERK: Is there a motion? 19 MAYOR  STACK:    Motion.    I’m  sorry. 20 COMMISSIONER VALDIVIA: Second. 21 ACTING CITY CLERK: Motion by Mayor Stack. 22 Second by Commissioner Valdivia. 23 Roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  25 1 ACTING CITY CLERK: Commissioner Rivas? 2 Absent. 3 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 3. Resolution Approving Memorandum of 14 Understanding with Hudson County for Transfer of 15 a 2010 Ford Crown Victoria 16 17 ACTING CITY CLERK: Item 3. 18 Resolution Approving Memorandum of 19 Understanding with Hudson County for Transfer of 20 a 2010 Ford Crown Victoria. 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: Motion made by Mayor 23 Stack. 24 COMMISSIONER FERNANDEZ: Second. 25 ACTING CITY CLERK: Second by Commissioner  26 1 Fernandez. 2 Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Yes. 5 ACTING CITY CLERK: Commissioner Rivas? 6 Absent. 7 Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 16 REGULAR AGENDA: 17 18 4. Resolution to Establish Temporary 19 Appropriations to the Fiscal Year 2015 Budget 20 21 ACTING CITY CLERK: Item 4. 22 Resolution to Establish Temporary 23 Appropriations to the Fiscal Year 2015 Budget. 24 MAYOR STACK: Motion. 25 ACTING CITY CLERK: Motion by Mayor Stack.  27 1 COMMISSIONER MARTINETTI: Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Martinetti. 4 Roll call. 5 Commissioner Fernandez? 6 MS.  de  los  RIOS:    I’m  sorry,  -- 7 COMMISSIONER FERNANDEZ: Yes. 8 ACTING CITY CLERK: Oh. 9 MS. de los RIOS: No. 10 ACTING CITY CLERK: Sorry. 11 MS.  de  los  RIOS:    I’m  sorry,  Dominick. 12 At this time it is recommended that Mayor 13 Stack recuse himself from item number 2, the 14 Union City Daycare Program. 15 As well as it is recommended that 16 Commissioner Fernandez recuse himself from any -- 17 any line item that deals with the Union City 18 Redevelopment Agency. 19 ACTING CITY CLERK: Okay. 20 So, Commissioner -- 21 MS. de los RIOS: And just to be -- 22 Sorry. To finish up at this time. 23 We also would like to invoke the doctrine 24 of necessity to have Commissioner Fernandez vote. 25 ACTING CITY CLERK: Commissioner Fernandez?  28 1 COMMISSIONER FERNANDEZ: Yes with the 2 exception of the Redevelopment Agency; otherwise, 3 yes. 4 ACTING CITY CLERK: Commissioner Rivas? 5 Absent. 6 Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes with the exception noted. 13 14 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 15 16 ACTING CITY CLERK: Mayor, there are no 17 other items on the Regular Agenda. 18 Will you wish to take public comment on any 19 item on the Regular Agenda? 20 MAYOR STACK: Yes. 21 Anyone wishing to comment at this time, 22 please step forward, state your name and address 23 for the record. 24 MR. PRICE: Larry Price, 1006 -- 25 MS. DILLON: Louder. Louder.  29 1 It’s  a  big  area. 2 MR. PRICE: With a high ceiling. 3 MS. DILLON: Right. 4 MR. PRICE: Larry Price, 1006 Palisade 5 Avenue. 6 We had an item come up in the Planning 7 Board last week that I think it may be a problem. 8 Not so much for this particular application but 9 the -- it’s  913  New  York  Avenue. 10 There was an application, you know, for a 11 lot  that’s  2500  square  feet.    It’s  on the corner 12 there. The application is a pretty intense one. 13 They’re  going  to  have  a  basement.    They’re   14 going to have a cooking school down in the 15 basement. Then on the first floor will be 16 parking and a store in front. And then on the 17 four floors above  that  they’re  going  to  have  five   18 apartments; two one bedrooms on the second floor 19 and a one -- three bedrooms on each floor above 20 that. 21 Okay, one of the things that came out in 22 that hearing was that the parking requirement is 23 for 22 cars. They are going to provide four -- a 24 garage for four cars. 25 But  they  make  the  claim  and  it’s  there,    30 1 it’s  a  legitimate  claim,  that  they  don’t  have  to   2 provide -- the parking requirement at 22 is 12 3 for the non-residential and 10 for the 4 residential. 5 And they say they don’t  have  to  provide  the   6 non-residential -- the 12 parking spots -- 7 because there is a footnote in our Zoning 8 Ordinance, which basically says non -- you know, 9 if  the  lot  is  2500  square  feet  or  less  it  doesn’t   10 have to provide any parking for the non- 11 residential use. 12 So  they’re  saying  basically  those  12  we   13 don’t  have  to  meet  -- 14 I know why that ended up in there and I 15 didn’t  think  anything  of  it  but  the  problem  with   16 that provision is people can game it. 17 This guys comes in, buys a 2500 square -- 18 this guy really should be in the MU Zone. 19 Because  it’s  a  really  pretty  intense  application.     20 But  he  doesn’t  do  that.     21 He comes to the CM District on New York 22 Avenue  because  it’s  2500  -- doesn’t  have  to  worry   23 about the parking. 24 By the way his second claim, which was the 25 ten residential, said they only have to provide  31 1 for seven because they have three on-street 2 parking spots on 10th Street. Now that I think 3 they’re  wrong.    But  whether  you’re  saying  ten  -- 4 we have to meet ten, three on the street, four in 5 the garage, and  we’re  short  three. 6 Well,  that’s  -- as you know that 7 neighborhood’s  pretty  tight  on  parking.    I  have   8 to say since I own garages in that neighborhood 9 I’m  a  little  ambivalent.    Having  more  demand  will   10 be  probably  best  for  me  but  it’s  -- their gaming 11 the system. 12 You know, we -- that provision is in there 13 to help the storekeeper. But instead what 14 they’re  doing  is  buying  a  store,  demolishing  it,   15 putting up this intense use and saying hey we 16 don’t  have  to  worry  about  parking. 17 We might -- I notice there’s  going to be a 18 review of the Zoning Ordinance; we might want to 19 think about that. 20 MAYOR STACK: Absolutely. 21 MR. PRICE: I know Libero wanted to be here 22 tonight.    Libero’s  pretty  sick.    He’s  -- he was 23 going to be here and he had to cancel but he also 24 has an interest. 25 MAYOR STACK: And was the application  32 1 approved? 2 MR. PRICE: It was approved. 3 MAYOR STACK: It was approved. 4 MS. de los RIOS: And that was 913 New York 5 Avenue? 6 MAYOR STACK: 913 New York Avenue. 7 It will probably be challenged by an 8 interested citizen. 9 MAYOR  STACK:    I’ll  definitely  take  a  look   10 at that Zoning Ordinance. 11 MR.  PRICE:    Yeah.    But  it’s  -- you know, 12 it’s  there.    I  mean  it’s  real.    It’s  the  -- you 13 know,  they’re  kind  of  pulling  a  fast  one  but   14 they’re  -- they’re  taking  advantage  -- 15 MAYOR STACK: Absolutely. 16 MR.  PRICE:    But  anyway  it’s  in  the  Parking   17 section. There are two -- two sections for 18 Parking; one is non-residential,  the  other’s   19 residential. Both apply here. But this is in 20 the non-residential section. 21 It’s  something  to  probably we should -- 22 MAYOR STACK: Absolutely. 23 MR. PRICE: -- take a second look. 24 Thank you. 25 MAYOR STACK: Thank you very much.  33 1 Anyone else at this time would like to 2 comment? 3 ACTING CITY CLERK: Seeing none. 4 MAYOR STACK: Seeing no other. 5 ACTING CITY CLERK: Motion to close? 6 COMMISSIONER MARTINETTI: Second. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 Second by Commissioner Martinetti. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 Absent. 14 Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 ACTING CITY CLERK: Mayor, the next items 22 are Liquor License Disciplinary Proceedings. 23 MAYOR STACK: Mr. Farmer, did you want to 24 take a few minutes at this time to -- 25 MR. FARMER: I’m  sorry.  34 1 I didn’t  hear  you. 2 MAYOR STACK: Did you want to take a few 3 minutes at this time to -- 4 MR. FARMER: No. No. 5 MAYOR STACK: No? 6 You’re  okay? 7 MR. FARMER: Yeah. 8 MAYOR STACK: Okay. 9 10 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  35 1 LIQUOR LICENSE HEARING: 2 3 1. Renewal Application of Uno Bar t/a Dolores 4 Castro, Liquor License No. 0910-33-108-004, 5 Located at 3607 New York Avenue 6 7 MR. FARMER: There are two things on 8 tonight. One is a renewal of a liquor license, 9 Uno Bar. 10 I  think  there’s  no  reason  why  you  can’t  -- 11 should not renew it because they paid the fee; 12 they’ve  complied  with  everything. 13 This is the one where we had a hearing and 14 there was great suspicion as to whether or not 15 she was a true owner of the establishment. 16 MS. DILLON: Just keep your voice up for 17 me, Mr. Farmer. 18 MR. FARMER: A true owner of the 19 establishment. 20 MS. DILLON: Thank you. 21 MR. FARMER: What took place was Lieutenant 22 Loaces or Detective Loaces -- we’re  referring   23 everything down to Trenton and let the State ABC 24 do what they have to do as far as uncovering 25 whether or not there is an undisclosed interest.  36 1 But as far as the procedural thing of 2 renewing the license, we suspended it for 30 3 days.    She’s  off  the suspension. She had paid 4 and  dotted  the  i’s  and  crossed  the  t’s.     5 So  there’s  no  reason  not  to  renew  the   6 license.    And  we’d  have  a  problem  if  we  didn’t. 7 MAYOR STACK: Okay. 8 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  37 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. R.G. Miranda Corp. t/a El Cuco, 516 Kennedy 4 Boulevard, Liquor License No. 0910-33-141-005 5 6 MR. FARMER: And the other one is El Cuco. 7 I got a letter from Alonso indicating that 8 he had a conflict. 9 We  haven’t  gotten  a tape yet from the 10 Police, so I think it would be best to carry this 11 to the 17th because  at  that  time  we’ll  have  the   12 video apparatuses to be able to show truthfully 13 licensees who have alleged fights and can take a 14 look at it and see what we see and decide what we 15 want to do. 16 MAYOR STACK: Okay. 17 MR. FARMER: Okay? 18 All right? 19 20 * * * 21 22 23 24 25  38 1 LIQUOR LICENSE HEARING: 2 3 1. Renewal Application of Uno Bar t/a Dolores 4 Castro, Liquor License No. 0910-33-108-004, 5 Located at 3607 New York Avenue 6 7 MAYOR STACK: And on the renewal you said 8 to go ahead and proceed with it? 9 MR. FARMER: Yes. 10 MAYOR STACK: Great. 11 MR. FARMER: Yes. 12 MAYOR STACK: Okay. 13 ACTING CITY CLERK: So is there a motion 14 the renewal application for Uno Bar? 15 MAYOR STACK: Yes. Motion. 16 ACTING CITY CLERK: Motion -- 17 COMMISSIONER MARTINETTI: Second. 18 ACTING CITY CLERK: -- by Mayor Stack. 19 Second by Commissioner Martinetti. 20 Roll call. 21 Commissioner Fernandez? 22 COMMISSIONER FERNANDEZ: Yes. 23 ACTING CITY CLERK: Commissioner Rivas? 24 Absent. 25 Commissioner Valdivia?  39 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: And the disciplinary 8 proceeding; that be moved to the next meeting. 9 MAYOR STACK: Thank you very much. Thank 10 you. 11 * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25  40 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 MARTINETTI: Motion. 7 MAYOR STACK: Motion. 8 ACTING CITY CLERK: Motion by Commissioner 9 Martinetti. 10 Second by Mayor Stack. 11 All in favor? 12 13 (Whereupon, there was a chorus of ayes.) 14 15 (Whereupon, the proceedings were concluded 16 at 7:25 p.m.) 17 18 19 20 21 22 23 24 25  41 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin J. Valdivia 5 Board of Commissioners 6 7 Attest: 8 Dominick Cantatore, 9 Acting City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  42 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, March 3, 2015, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon