Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Bruce D. Walter Recreation Center 507 West Street Union City, New Jersey Tuesday, May 19, 2015 Commencing at 7:00 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER 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  2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 MOMENT OF SILENCE 4 APPROVAL OF PREVIOUS MEETING MINUTES 5 ORDINANCE FOR HEARING AND ADOPTION 6 CONSENT AGENDA 9 ORDINANCE FOR INTRODUCTION 23 REGULAR AGENDA 27,28, 29,30, 31,32, 34,37 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 35 LIQUOR LICENSE HEARING 39 ADJOURNMENT 44  3 1 ACTING CITY CLERK: -- Union City Board of 2 Commissioner, being held on Tuesday, May 19, 3 2015, at seven p.m., at the Bruce D. Walter 4 Recreation Center, 507 West Street, Union City, 5 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 of 1975, the Open Public Meeting Act. Adequate 15 notice of this meeting has been provided as 16 follows: 17 Notice of this meeting setting forth the 18 time, date, location, and the agenda, to the 19 extent known, was forwarded to The Jersey 20 Journal, The Record, and The Hudson Reporter, has 21 been posted on the bulletin board in City Hall, 22 and has been made available to the public in the 23 office of the 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 ACTING CITY CLERK: First item is Approval 15 of Previous -- 16 COMMISSIONER FERNANDEZ: City Clerk? 17 I’m sorry to interrupt, sir. 18 I’d like to take a moment to -- to honor 19 Ms. Margaret Stack who passed away this past 20 Wednesday. I’d like to take a moment of silence 21 please. 22 MAYOR STACK: Thank you, Lucio. 23 24 (Whereupon, there was a moment of silence.) 25  5 1 COMMISSIONER FERNANDEZ: Thank you very 2 much. 3 MAYOR STACK: Thank you, Lucio. 4 Thank you, Commissioners. 5 COMMISSIONER FERNANDEZ: Ms. Margaret Stack 6 was the Mayor’s mother and after being ill for 7 several years, she was terminally -- very badly 8 ill for the past three months. A lot of 9 suffering and thank God she -- she’s resting in 10 peace now. 11 Thank you very much. 12 MAYOR STACK: Thank you. 13 COMMISSIONER FERNANDEZ: Thank you, Mayor. 14 MAYOR STACK: Thank you, Lucio. 15 Thank you, Commissioners. 16 17 APPROVAL OF PREVIOUS MEETING MINUTES FROM APRIL 18 7, 2015: 19 20 ACTING CITY CLERK: First item is a motion 21 to -- is Approval of Previous Meeting Minutes -- 22 COMMISSIONER VALDIVIA: Move it. 23 ACTING CITY CLERK: -- of April 7, 2015. 24 Motion made by Commissioner Valdivia. 25 COMMISSIONER RIVAS: Second.  6 1 ACTING CITY CLERK: Second by Commissioner 2 Rivas. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: 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 (1) ORDINANCE AN ORDINANCE AMENDING CHAPTER 386 20 OF THE CODE OF THE CITY OF UNION CITY ENTITLED 21 “TAXI CABS” 22 23 ACTING CITY CLERK: Next item is an 24 Ordinance for Hearing and Adoption Consideration. 25 This Ordinance Amending Chapter 386 of the  7 1 Code of the City of Union City Entitled Taxi 2 Cabs. 3 Mayor, do you wish to take public 4 comment -- 5 MAYOR STACK: Sure. 6 ACTING CITY CLERK: -- on this Ordinance? 7 MAYOR STACK: Sure. 8 Anyone wishing to comment at this time on 9 this Ordinance, please step forward, state your 10 name and address for the record. 11 ACTING CITY CLERK: Seeing none. 12 COMMISSIONER RIVAS: Seeing none. 13 ACTING CITY CLERK: Is there a motion? 14 COMMISSIONER MARTINETTI: Motion. 15 ACTING CITY CLERK: Motion made by 16 Commissioner Martinetti. 17 COMMISSIONER VALDIVIA: Second. 18 ACTING CITY CLERK: Second by Commissioner 19 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 COMMISSIONER MARTINETTI: Motion. 10 ACTING CITY CLERK: Motion by Commissioner 11 Martinetti. 12 COMMISSIONER VALDIVIA: Second. 13 COMMISSIONER FERNANDEZ: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Valdivia. 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: Mayor Stack? 24 MAYOR STACK: Yes. 25 ACTING CITY CLERK: Next item --  9 1 COMMISSIONER MARTINETTI: You skipped me. 2 ACTING CITY CLERK: -- is Consent Agenda. 3 COMMISSIONER MARTINETTI: You skipped me. 4 ACTING CITY CLERK: Oh. Did I skip you? 5 Commissioner Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Sorry. 8 9 CONSENT AGENDA: 10 11 ( 1) Resolution Approving the Payment of Claims 12 ( 2) Resolution Approving the Payment of 13 Concurring Claims 14 ( 3) Resolution Approving the City Payroll for 15 the Period of May 6, 2015 through May 19, 2015 16 ( 4) Resolution Approving the Library Payroll 17 for the Period of May 6, 2015 through May 19, 18 2015 19 ( 5) Resolution Authorizing the City Clerk to 20 Advertise for the Receipt of Bids for the Elgin 21 Pelican Street Sweepers 22 ( 6) Resolution Authorizing Advertisement for 23 Bid for the Playground Surface Replacement 24 Project 25 ( 7) Resolution Authorizing Advertisement for  10 1 Bid for the Rebid of the Landscape Maintenance 2 Program for Washington Park and Ellsworth Park 3 ( 8) Resolution Authorizing Advertisement for 4 Bid for the 2015 Park Landscaping Maintenance 5 Program 6 ( 9) Resolution Authorizing Advertisement for 7 Bids for Summer Food Service Program - 2015 8 (10) Resolution Awarding Contract to If It’s 9 Water, Inc. for Purchase and Delivery of Chlorine 10 and Related Water Supplies 11 (11) Resolution Approving State Contract with 12 Taser International for Police Items 13 (12) Resolution Awarding Contract to Joseph 14 Smentkowski, Inc. t/a Galaxy Carting for Solid 15 Waste and Recyclable Material Collection and 16 Disposal 17 (13) Resolution Approving and Accepting State 18 Fiscal Year 2014 Corrective Action Plan 19 (14) Resolution Authorizing Execution of a 20 Memorandum of Understanding with the State of New 21 Jersey Director of the Division of Local 22 Government Services for Transitional Aid 23 (15) Resolution Approving the Person to Person 24 and Place to Place Transfer of Liquor License No. 25 0910-44-027-004 from International Liquors and  11 1 Beverages Wholesalers, Inc. to Sapan Spirit, LLC, 2 Located at 126 43rd Street 3 (16) Resolution Approving Disciplinary 4 Proceedings Against El Cuco t/a R.G. Miranda, 5 Located at 516 Kennedy Boulevard, Liquor License 6 No. 0910-33-041-005 7 (17) Resolution Approving Disciplinary 8 Proceedings Against Centro Bar t/a 2216 9 Bergenline Avenue LLC, Located at 2216 Bergenline 10 Avenue, Liquor License No. 0910-33-166-004 11 (18) Resolution Approving Disciplinary 12 Proceedings Against Uno Bar t/a Dolores Castro, 13 Located at 3607 New York Avenue, Liquor License 14 No. 0910-33-108-004 15 (19) Resolution Approving Disciplinary 16 Proceedings Against Adoro Café and Lounge t/a 17 A & C Corp., Located at 414 38 th Street, Liquor 18 License No. 0910-33-149-005 19 (20) Resolution Naming 38th Street from Palisade 20 to Hudson Avenue as Antonio Ibarria Way 21 (21) Resolution Re-Appointing Member Ulysses Isa 22 to the Parking Authority 23 (22) Resolution Re-Appointing Member Ydalia 24 Genao to the Planning Board 25 (23) Resolution Appointing Members to the Union  12 1 City Housing Authority 2 (24) Resolution Authorizing Refund of Redemption 3 Monies to Outside Lienholders 4 (25) Resolution Authorizing the Refund of 5 Premium Monies Collected at the Tax Sale 6 (26) Resolution Authorizing the Refund of a Tax 7 Appeal Payment Made on the Wrong Parcel 8 (27) Resolution Authorizing the Refund of a 9 Duplicate Payment for Real Estate Taxes on Block 10 23, Lot 5, Also known as 508-10 5th Street 11 (28) Any other matter of City business that may 12 arise 13 14 ACTING CITY CLERK: Next item is a Consent 15 Agenda. There are 27 items on the Consent 16 Agenda. 17 The first item is Resolution Approving the 18 Payments of Claims. 19 Item 2. 20 Resolution Approving the Payment of 21 Concurring Claims. 22 Item 3. 23 Resolution Approving the City Payroll for 24 the Period of May 6, 2015 through May 19, 2015. 25 Item 4.  13 1 Resolution Approving the Library Payroll 2 for the Period of May 6, 2015 through May 19, 3 2015. 4 Item 5. 5 Resolution Authorizing the City Clerk to 6 Advertise for the Receipt of Bids for the Elgin 7 Pelican Street Sweepers. 8 Item 6. 9 Resolution Authorizing Advertisement for 10 Bid for the Playground Surface Replacement 11 Project. 12 Item 7. 13 Resolution Authorizing Advertisement for 14 Bid for the Rebid of the Landscaping Maintenance 15 Program for Washington Park and Ellsworth Park. 16 Item 8. 17 Resolution Authorizing Advertisement for 18 Bid for the 2015 Park Landscaping Maintenance 19 Program. 20 Item 9. 21 Resolution Authorizing Advertisement for 22 Bids for Summer Food Service Program, 2015. 23 Item 10. 24 Resolution Awarding Contract for -- to If 25 It’s Water, Inc. for Purchase and Delivery of  14 1 Chlorine and Related Water Supplies. 2 Item 11. 3 Resolution Approving State Contract with 4 Taser International for Police Items. 5 Item 12. 6 Resolution Awarding Contract to Joseph 7 Smentkowski, Inc., also known as Galaxy Carting 8 for Solid Waste and Recyclable Material 9 Collection and Disposal. 10 Item 13. 11 Resolution Approving and Accepting State 12 Fiscal Year 2014 Corrective Action Plan. 13 Item 14. 14 Resolution Authorizing Execution of a 15 Memorandum of Understanding with the State of New 16 Jersey Director of Division of Local Government 17 Services for Transitional Aid. 18 Item 15. 19 Resolution Approving the Person to Person 20 and Place to Place Transfer of Liquor License 21 Number 0910-44-027-004 from International Liquors 22 and Beverages Wholesalers, Inc. to Sapan Spirit, 23 LLC, Located at 126 43rd Street. 24 Item 16. 25 Resolution Approving Disciplinary  15 1 Proceedings Against El Cuco, also known R.G. 2 Miranda, Located at 516 Kennedy Boulevard, Liquor 3 License Number 0910-33-041-005. 4 Item 17. 5 Resolution Approving Disciplinary 6 Proceedings Against Centro Bar, also known as 7 2216 Bergenline Avenue LLC, Located at 2216 8 Bergenline Avenue, Liquor License Number 9 0910-33-166-004. 10 Item 18. 11 Resolution Approving Disciplinary 12 Proceedings Against Uno Bar, also known as 13 Dolores Castro, Located at 3607 New York Avenue, 14 Liquor License Number 0910-33-108-004. 15 Item 19. 16 Resolution Approving Disciplinary 17 Proceedings Against Adoro Café and Lounge, also 18 known as A & C Corp., Located at 414 38 th Street, 19 Liquor License Number 0910-33-149-005. 20 Item 20. 21 Resolution Naming -- Naming 38th Street 22 from Palisade to Hudson Avenue as Antonio Ibarria 23 Way. 24 Item 21. 25 Resolution Re-Appointing Member Ulysses Isa  16 1 to the Parking Authority. 2 Item 22. 3 Resolution Re-Appointing Member Ydalia 4 Genao to the Planning Board. 5 Item 23. 6 Resolution Appointing Members to the Union 7 City Housing Authority. 8 Item 24. 9 Resolution Authorizing Refund of Redemption 10 Monies to Outside Lienholders. 11 Item 25. 12 Resolution Authorizing the Refund of 13 Premium Money Collected at Tax Sale. 14 Item 26. 15 Resolution Authorizing Refund of a Tax 16 Appeal Payment Made on the Wrong Parcel. 17 Item 27. 18 Resolution Authorizing the Refund of a 19 Duplicate Payment for Real Estate Taxes on Block 20 23, Lot 5, also known as 508-10 5th Street. 21 Mayor, do you wish to take public comment 22 on any item on the Consent Agenda? 23 MAYOR STACK: Sure. 24 Just before we do, just on item number 6, 25 the Advertisement for Bid for Playground Surface  17 1 Replacement; this is in various parks in the City 2 that we’ve been working on. 3 The landscaping contracts for the both the 4 city-wide landscaping in the parks and specific 5 landscaping for Ellsworth and Washington, are 6 being -- 7 Thank you. 8 -- are being re-bid -- are being re-bid 9 again. We’ve had issues with the landscapers. 10 In addition to that we’re very grateful for 11 the aid that we have received from the State of 12 New Jersey and from Governor Chris Christie on 13 item number 14 with the memorandum of 14 understanding in the work that we’re doing to 15 improve the finances and improve the City 16 overall. 17 Number 20, on renaming 38th Street from 18 Palisade to Hudson Avenue, Antonio Ibarria Way. 19 Tony Ibarria has been in this City for many, many 20 years. He owns a newspaper El Especial. A fine 21 individual. Somebody’s who’s committed to the 22 community for many, many years. 23 The Resolution Appointing Members to the 24 Union City Housing Authority. The Board 25 appointed several members that were also City  18 1 employees and according to the statute and 2 federal regs City employees -- no additional City 3 employees than what are on there were allowed. 4 So we’re appointing two members who 5 actually living in public housing, which is 6 honestly probably the way it should be. Not 7 probably; it should be that way. People who live 8 in public housing should be a large part of the 9 Board. And that’s one -- that’s a Debra -- a 10 Debra Mundorf from 44th Street. 11 And we also have a Mr. Carney from 4th 12 Street in Union City. So that’s two members that 13 we’ll be appointing. 14 I also wanted to bring up -- it’s not on 15 the Consent Agenda but I’m just going to go off 16 the Consent Agenda for a moment. Is that earlier 17 this week Gary Kugler, Reverend Gary Kugler 18 passed away. 19 I know that there’s a service this Thursday 20 night at the church on 36th and Palisade at seven 21 p.m. 22 At one of our -- I think the last meeting 23 or the meeting prior, I had mentioned what a 24 great individual Gary was and I meant that. 25 I’ve known Gary Kugler not as long probably  19 1 as Libero has known him but I’ve known Gary 2 Kugler probably most of my -- since I’ve been a 3 teenager, 13 -- maybe 13 years old when I used to 4 walk to City Hall after school every day and I 5 used to see him all the time. 6 What I always respected about him is how he 7 opened up the shelter on 36 th and Palisade, amid 8 much criticism, and yet he stood tall and strong 9 and was the one that really got the shelter 10 going. 11 A fine individual. Somebody who is truly 12 humanitarian; cared about other people. And when 13 my mom was sick in Englewood Hospital he would 14 travel to Englewood to go up and see my mother 15 from time to time. My mother didn’t know him 16 well but he went up there to pray with my mother 17 and he was just a fine, fine individual. And I 18 think it’s a major -- I feel it’s a major loss to 19 Union City. 20 And I haven’t discussed it with the 21 Commissioners yet but just sitting here tonight I 22 think it would be something very nice for Gary 23 Kugler and his entire family if we renamed 36 th 24 Street, from Palisade to New York Avenue, 25 Reverend Gary Kugler Way honorary. So that his  20 th 1 memory will always live on 36 and Palisade 2 Avenue; it will be recognized that the 3 contributions he made, not only to Union City but 4 to life in Union City and the sacrifices he made 5 over the years to do for others who were less 6 fortunate. 7 If you call the number right now at the 8 church you’ll still hear his voice where he tells 9 people where they can seek shelter. He was just 10 an exceptional individual and somebody who should 11 be recognized. 12 So, if we could work on that collectively 13 and get that done in the near future, it would be 14 nice I think for the family. 15 Anyone wishing to comment on the Consent 16 Agenda, please step forward, state your name and 17 address for the record. 18 Mr. Price, if you could just come right 19 over here. 20 MR. PRICE: Larry Price, 1006 Palisade 21 Avenue. 22 A question about item number 12, the 23 garbage contract? 24 MAYOR STACK: Yes. 25 MR. PRICE: There was a comment made a  21 1 while back there was going to be a joint bid with 2 Jersey City Improvement Authority so that we 3 could get a better price on -- 4 What happened to that? 5 MAYOR STACK: The number’s actually higher 6 than doing it on our own. Yeah. 7 MR. PRICE: That’s Jersey City Improvement 8 Authority. 9 MAYOR STACK: Regionalization and 10 consolidation doesn’t always work. 11 MR. PRICE: We got a fire department to 12 prove that. 13 MAYOR STACK: Exactly. Exactly right. 14 Oh, don’t get me started on that one. 15 Anyone else wishing to comment at this 16 time? 17 Okay, seeing no other, I’ll make a motion 18 to approve. 19 ACTING CITY CLERK: There’s a motion; Mayor 20 Stack. 21 MAYOR STACK: Motion to close and approve. 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: Second by Commissioner 24 Rivas. 25 Roll call.  22 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 ACTING CITY CLERK: Is the motion to 13 approve all items on the Consent Agenda? 14 COMMISSIONER VALDIVIA: Motion. 15 ACTING CITY CLERK: Motion by Commissioner 16 Valdivia. 17 COMMISSIONER RIVAS: Second. 18 ACTING CITY CLERK: Second by Commissioner 19 Rivas. 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?  23 1 COMMISSIONER VALDIVIA: Yes. 2 ACTING CITY CLERK: Commissioner 3 Martinetti? 4 COMMISSIONER MARTINETTI: I want to recuse 5 on any payments to Lopez and Diaz, Esquire. 6 Aye on the rest. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 10 ORDINANCE(S) FOR INTRODUCTION: 11 12 ( ) AN ORDINANCE AMENDING CHAPTER 366 OF THE 13 CODE OF THE CITY OF UNION CITY ENTITLED “STEES 14 (sic) AND SIDEWALKS” 15 16 ACTING CITY CLERK: Next item is an 17 Ordinance for Introduction. 18 This Ordinance will further -- considered 19 at a meeting of the Board of Commission to be 20 held on Wednesday, June 3rd, 2015, at seven p.m. 21 at the Colin Powell Elementary School, 1500 New 22 York Avenue, Union City, New Jersey. 23 An Ordinance Amending Chapter 366 of the 24 Code of the City of Union City Entitled Streets 25 and Sidewalks.  24 1 MAYOR STACK: Just what exactly will this 2 Ordinance do? 3 Just so we can -- for the public’s 4 knowledge. 5 MS. de los RIOS: Yes, Mayor. What this 6 Ordinance will do is set a three-tier fine 7 structure for anyone who uses rock salt. 8 The three-tier system would be first 9 offense would be a fine of $250.00; second 10 offense would be a fine of $500.00; and the third 11 offense of 750. 12 MAYOR STACK: This is important to do. 13 We’ll -- we’ll have a hearing on this obviously. 14 This is important to do because the investment 15 that the City has made through grants and through 16 bonds on doing these new sidewalks, they’re 17 beautiful, we just want people to preserve them. 18 I don’t think it’s asking too much when 19 you’re putting a brand new sidewalk in for 20 somebody and you’re saying to the person, use 21 calcium chloride, don’t use rock salt because it 22 eats the sidewalk. Especially in the first four 23 years of when you put down a new concrete 24 sidewalk. 25 If you walk New York Avenue and you take a  25 1 look, -- I walked it with the engineer from 48 2 down to second, I think we counted 37 spots that 3 people have actually threw rock salt and, for the 4 large part, destroyed the sidewalk. 5 It’s very disheartening when you’re trying 6 to make the City better and better every day and 7 building up the infrastructure to see that 8 happening. 9 So, I know we did a lot of mailings on it. 10 We don’t have -- for the most part, I see 11 citywide more and more people are getting away 12 from rock salt and using calcium chloride and 13 that’s a good thing; because rock salt just 14 destroys it. It also hurts the environment. 15 So, we’ll have a hearing on this at the 16 next meeting. Our next meeting is actually on a 17 Wednesday, because Tuesday is Election Day 18 Primary. It will be Wednesday, June 3rd, at Colin 19 Powell. 20 ACTING CITY CLERK: Is there a motion to -- 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: -- introduce? 23 Motion made by Mayor Stack. 24 COMMISSIONER VALDIVIA: Second. 25 COMMISSIONER RIVAS: Second.  26 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? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: 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 And this -- this will -- 16 I’m sorry, Dominick. 17 This will just preserve the sidewalk. A 18 sidewalk such as this that has six inches of 19 concrete should last, you know, 30, 35 years. 20 Some of the sidewalks that are down, the original 21 sidewalks were put in. 22 So, we’re just looking to preserve for the 23 people who live here today, who live here in ten 24 years, in 20 years, and 30 years from now. 25 And we’re doing the same thing with our  27 1 streets. I know, Libero, I know you probably 2 seen it on New York Avenue today coming here, 3 PSE&G came out and repaired New York Avenue -- 4 two blocks. 5 Larry, I know you probably seen eight to 6 ten on Palisade. United Water dug that up; they 7 came back out and repaired it. We’re just trying 8 to preserve what we have. 9 10 REGULAR AGENDA: 11 12 1. Resolution Approving the Redevelopment 13 Agency Payroll for the Period of May 6, 2015 14 through May 19, 2015 15 16 ACTING CITY CLERK: Okay, the next item is 17 the Regular Agenda. 18 First item is Resolution Approving the 19 Redevelopment Agency Payroll for the Period of 20 May 6, 2015 through May 19, 2015. 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: Motion by Mayor Stack. 23 COMMISSIONER RIVAS: Second. 24 COMMISSIONER VALDIVIA: Second. 25 ACTING CITY CLERK: Second by Commissioner  28 1 Rivas. 2 Roll call. 3 Commissioner Fernandez; recusing. 4 Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 14 REGULAR AGENDA: 15 16 2. Resolution Authorizing Payment of Claim to 17 the Hudson County Improvement Authority 18 19 ACTING CITY CLERK: Next item, Resolution 20 Authorizing Payment of Claim to the Hudson County 21 Improvement Authority. 22 Is there a motion? 23 MAYOR STACK: Motion. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 COMMISSIONER FERNANDEZ: Second.  29 1 ACTING CITY CLERK: Second by Commissioner 2 Fernandez. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas; 7 recusing. 8 Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti; recusing. 12 Mayor Stack? 13 MAYOR STACK: Yes. 14 15 REGULAR AGENDA: 16 17 3. Resolution Authorizing Payment of Claim to 18 the Hudson County Department of Finance 19 20 ACTING CITY CLERK: Item 3. 21 Resolution Authorizing Payment of Claim to 22 the Hudson Department of Finance. 23 Is there a motion? 24 COMMISSIONER VALDIVIA: Motion. 25 MAYOR STACK: Motion.  30 1 ACTING CITY CLERK: Motion by Mayor Stack. 2 ACTING CITY CLERK: Second by Commissioner 3 Valdivia. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Yes. 7 ACTING CITY CLERK: Commissioner Rivas; 8 recusing. 9 Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti; recusing. 13 Mayor Stack? 14 MAYOR STACK: Yes. 15 16 REGULAR AGENDA: 17 18 4. Resolution Authorizing Payment of Claim to 19 the North Hudson Regional Fire & Rescue 20 21 ACTING CITY CLERK: Item 4. 22 Resolution Authorizing Payment of Claim to 23 the North Hudson Regional and Fire Rescue. 24 Is there a motion? 25 MAYOR STACK: Motion.  31 1 COMMISSIONER VALDIVIA: Move. 2 ACTING CITY CLERK: Motion made by 3 Commissioner Valdivia. 4 Roll -- 5 Motion -- 6 I’m sorry. 7 Second by Mayor Stack. 8 Roll call. 9 Commissioner Fernandez? 10 COMMISSIONER FERNANDEZ: Yes. 11 ACTING CITY CLERK: Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti; recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 20 REGULAR AGENDA: 21 22 5. Resolution Authorizing Payment of Claim to 23 the Union City Board of Education 24 25 ACTING CITY CLERK: Item 5.  32 1 Resolution Authorizing Payment of Claim to 2 the Union City Board of Education. 3 MAYOR STACK: Motion. 4 ACTING CITY CLERK: Motion made by Mayor 5 Stack. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Rivas. 9 Roll call. 10 Commissioner Fernandez; recusing. 11 Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti; recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 20 REGULAR AGENDA: 21 22 6. Resolution Authorizing Payment of Claim to 23 the Hudson Regional Health Commission 24 25 ACTING CITY CLERK: Item 6.  33 1 Resolution Authorizing Payments of Claim to 2 the Hudson Regional Health Commission. 3 Is there a motion? 4 MAYOR STACK: Motion. 5 ACTING CITY CLERK: A motion by Mayor 6 Stack. 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Second by Commissioner 9 Valdivia. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner Rivas? 14 COMMISSIONER RIVAS: Should I vote on this? 15 COMMISSIONER FERNANDEZ: No, Hudson 16 Regional. 17 COMMISSIONER RIVAS: I recuse myself. 18 MS. de los RIOS: It’s -- it’s not Hudson 19 Regional. 20 MAYOR STACK: I don’t think it’s -- 21 MS. de los RIOS: No, it’s fine. 22 MAYOR STACK: -- being a Freeholder. 23 MS. de los RIOS: Yeah. 24 MAYOR STACK: I mean I don’t -- 25 MS. de los RIOS: No.  34 1 MAYOR STACK: Monica, for a legal opinion? 2 MS. de los RIOS: You can vote on this. 3 COMMISSIONER RIVAS: Okay. 4 MAYOR STACK: Okay. 5 COMMISSIONER RIVAS: Yes. 6 Thank you. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 REGULAR AGENDA: 16 17 8. Resolution Authorizing Donor Agreement for 18 2015 with the Union City Day Care Program 19 20 ACTING CITY CLERK: Next -- next item is a 21 Resolution Authorizing Donor Agreement for 2015 22 with the Union City Day Care Program. 23 Is there a motion? 24 COMMISSIONER MARTINETTI: Motion. 25 ACTING CITY CLERK: Motion by --  35 1 COMMISSIONER RIVAS: Second. 2 ACTING CITY CLERK: -- Commissioner 3 Martinetti. 4 Second by Commissioner Rivas. 5 Roll call. 6 Commissioner Fernandez; recusing. 7 Commissioner Rivas? 8 COMMISSIONER RIVAS: Yes. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Yes. 14 ACTING CITY CLERK: Mayor Stack; recusing. 15 16 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 17 18 ACTING CITY CLERK: Mayor, there are no 19 other items on the Regular Agenda. 20 You want to take public comment at this 21 time? 22 MAYOR STACK: Sure. 23 Then we have one Liquor License Hearing, 24 right? 25 ACTING CITY CLERK: Yes.  36 1 MAYOR STACK: Sure. 2 Anyone wishing to comment at this time on 3 the -- on any matter concerning municipal 4 government in the City of Union City, please step 5 forward, state your name and address for the 6 record. 7 Seeing none. 8 ACTING CITY CLERK: None. 9 Is there a motion to close the public 10 comment? 11 COMMISSIONER MARTINETTI: Motion. 12 ACTING CITY CLERK: Motion made by 13 Commissioner Martinetti. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 Valdivia. 17 Roll call. 18 Commissioner Fernandez? 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?  37 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 5 REGULAR AGENDA: 6 7 7. Resolution to Approve a Budget Transfer for 8 the State Fiscal Year 2015 9 10 ACTING CITY CLERK: Okay, sorry. 11 COMMISSIONER MARTINETTI: Number 7. 12 ACTING CITY CLERK: I missed -- okay, 13 sorry. 14 COMMISSIONER MARTINETTI: Number 7. 15 ACTING CITY CLERK: Mayor and Commission, I 16 missed number 7, going back to the Regular 17 Agenda. 18 Resolution to Approve a Budget Transfer for 19 the State Fiscal Year 2015. 20 MAYOR STACK: I missed it too. 21 ACTING CITY CLERK: Is there -- 22 MAYOR STACK: I’ll make a motion. 23 ACTING CITY CLERK: Motion by Mayor Stack. 24 COMMISSIONER MARTINETTI: Second. 25 ACTING CITY CLERK: Second by Commissioner  38 1 Martinetti. 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 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 * * * 16 17 18 19 20 21 22 23 24 25  39 1 LIQUOR LICENSE HEARING 2 3 HEARING TO EXTEND LICENSE TO BANKRUPTCY TRUSTEE 4 PARK AVENUE BAR & GRILL, LLC LOCATED AT 3417 PARK 5 AVENUE, LIQUOR LICENSE NO. 0910-33-119-004 6 7 ACTING CITY CLERK: Next -- 8 MAYOR STACK: On the liquor license? 9 ACTING CITY CLERK: The Liquor License 10 Hearing. 11 MAYOR STACK: Sure. 12 MS. de los RIOS: Yeah. 13 MAYOR STACK: This is a Hearing to Extend 14 the License -- 15 ACTING CITY CLERK: Yeah, Hearing to Extend 16 License to Bankruptcy Trustee, Park Avenue Bar 17 and Grill, LLC Located at 3417 Park Avenue, 18 Liquor License Number 0910-33-119-004. 19 MAYOR STACK: Sure. 20 Sir, if you could just step forward. Step 21 right over here and just enter your appearance 22 for the record. 23 MR. HARMON: Good evening, Mayor Stack and 24 Commissioners. 25 John Harmon, with the firm Rabinowitz,  40 1 Lubetkin and Tully, on behalf of Jay Lubetkin 2 who’s the Chapter 7 Bankruptcy Trustee for Park 3 Ave. Bar and Grill. 4 And I’m here to answer any questions you 5 may have. I’d like to express my thanks to Mr. 6 Cantatore and Miss de los Rios for their 7 assistance in making this application. 8 MAYOR STACK: Sure. 9 If you could just give us maybe a brief 10 overview of what’s taking place, we appreciate 11 that. 12 MR. HARMON: Sure. 13 The debtor, Park Avenue Bar and Grill, as 14 you most all are likely aware, is operating -- or 15 was operating a restaurant on Park Ave in Union 16 City. The filed for a Chapter 11 17 reorganizational bankruptcy last year. 18 But in December of 2014, the Bankruptcy -- 19 the Bankruptcy Court converted that Chapter 11 20 bankruptcy into a Chapter 7 liquidation 21 bankruptcy and appointed Jay Lubetkin as the 22 trustee. 23 And the trustees duties under the 24 Bankruptcy Code are to marshal the assets of the 25 bankruptcy estate for the benefit of the  41 1 unsecured creditors of the debtor. So the 2 trustee has taken steps to sell all the property 3 of the debtor and to sell the liquor license. 4 The Bankruptcy Code provides that all 5 property of the debtor, including a liquor 6 license, passes into the control of the trustee. 7 But also provides that state law applies insofar 8 as applicable to any kind of transfer of 9 property. So, New Jersey Statutory and 10 Regulatory Requirements are applicable to the 11 transfer of the liquor license into the trustee’s 12 possession. 13 So the trustee has taken steps to file the 14 appropriate application for the transfer of the 15 liquor license from the names of Park Avenue Bar 16 and Grill as a standalone entity, into his own 17 name as the trustee for Park Ave Bar and Grill. 18 And he has filed that application with the town 19 of Union City. 20 Detective Ocasio in the Union City Police 21 Department processed that and sent it on to the 22 State Alcohol Beverage Control. They’ve -- they 23 said it’s good to go pending the approval by the 24 Board of Commissioners. 25 And, so that’s why I’m here before you this  42 1 evening. 2 MAYOR STACK: You’re also handling the 3 building itself? 4 MR. HARMON: No, we’re not handling the 5 building itself. 6 The building was owned by a separate 7 corporate entity. That entity is not in 8 bankruptcy. 9 MAYOR STACK: I see. 10 So this license, more than likely, will be 11 transferred to another location? 12 MR. HARMON: Yes, unless the person taking 13 the license, you know, reaches a deal with the -- 14 you know, it could reach a deal with the building 15 owners. 16 MAYOR STACK: I see. 17 MR. HARMON: So. 18 MAYOR STACK: Okay. 19 Any other questions of the Commissioners? 20 Any member of the public have any questions 21 on this license at Park Avenue Bar and Grill, 22 located at 3417 Park Avenue in Union City? 23 Okay, I’ll make a motion. 24 MR. MAROTTA: They filed bankruptcy? 25 MAYOR STACK: You want to ask a question,  43 1 Libero? 2 MR. MAROTTA: No. 3 MAYOR STACK: No? 4 Okay. 5 ACTING CITY CLERK: Okay, the motion by 6 Mayor Stack? 7 MAYOR STACK: Motion. 8 COMMISSIONER MARTINETTI: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Martinetti. 11 Roll call. 12 Commissioner Fernandez? 13 COMMISSIONER FERNANDEZ: Yes. 14 ACTING CITY CLERK: Commissioner Rivas? 15 COMMISSIONER RIVAS: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 COMMISSIONER VALDIVIA: Yes. 18 ACTING CITY CLERK: Commissioner 19 Martinetti? 20 COMMISSIONER MARTINETTI: Yes. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 24 ADJOURNMENT: 25  44 1 ACTING CITY CLERK: We have no other items 2 on the agenda. 3 Is there a motion to adjourn? 4 MAYOR STACK: Motion. 5 COMMISSIONER MARTINETTI: Motion. 6 ACTING CITY CLERK: Motion made by Mayor 7 Stack. 8 MAYOR STACK: Thank you very much, sir. 9 COMMISSIONER MARTINETTI: Thank you. 10 MAYOR STACK: Thank you. 11 ACTING CITY CLERK: Second by Commissioner 12 Martinetti. 13 All in favor? 14 15 (Whereupon, there was a chorus of ayes.) 16 17 (Whereupon, the proceedings were concluded 18 at 7:28 p.m.) 19 20 21 22 23 24 25  45 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  46 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, May 19, 2015 and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Monitored by: Kevin Dillon, Jr. 25 Proofread by: Deborah Dillon