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Board of Commissioners - Board of Commissioners Meeting

Regular Meeting

Union City, NJ · June 16, 2015

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Minutes

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Bella Vista Apartments 522 22nd Street Union City, New Jersey Tuesday, June 16, 2015 Commencing at 7:02 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 SUSAN COLDITZ, CHIEF FINANCIAL OFFICER 2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 APPROVAL OF PREVIOUS MEETING MINUTES 4 CONSENT AGENDA 5 ORDINANCE(S) FOR INTRODUCTION 15,17, 18,19 REGULAR AGENDA 20,22, 23,24, 25,26 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 27 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 42 ADJOURNMENT 51 3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, June 16th, 4 2015, at seven p.m., at the Bella Vista 5 Apartments, 522 22nd Street, Union City, New 6 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. 16 Adequate notice of this meeting has been 17 provided as follows: Notice of this meeting 18 setting forth the time, date, location, and the 19 agenda, to the extent known, was forwarded to 20 Jersey Journal, The Record, Hudson Reporter, and 21 has been posted on bulletin board in City Hall, 22 and has been made available to the public in the 23 office 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 MAY 13, 16 2015 and MAY 19, 2015: 17 18 ACTING CITY CLERK: First item, Approval of 19 Previous Meeting Minutes, meeting held on May 20 13th, 2015 and May 19, 2015, be approved and 21 recorded. 22 COMMISSIONER VALDIVIA: Move it. 23 ACTING CITY CLERK: Motion made by 24 Commissioner Valdivia. 25 COMMISSIONER RIVAS: Second. 5 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: I’m going to abstain on the 15 -- on the 13th meeting; on May 13th. I wasn’t 16 present at that meeting because of the death of 17 my mom. 18 On the 19th I vote yes. 19 ACTING CITY CLERK: Mayor Stack abstaining 20 on 13; 19, yes. 21 22 CONSENT AGENDA: 23 24 ( 1) Resolution Approving the Payment of Claims 25 ( 2) Resolution Approving the Payment of 6 1 Concurring Claims 2 ( 3) Resolution Approving the City Payroll for 3 the Period of June 3, 2015 through June 16, 2015 4 ( 4) Resolution Approving the Library Payroll 5 for the Period of June 3, 2015 through June 16, 6 2015 7 ( 5) Resolution Authorizing Settlement in a 8 Workers Compensation Matter Entitled Joseph 9 Colavito Petition No. 1997-13891 10 ( 6) Resolution Approving Contract for Purchase 11 of Broom Street Sweeper from W.E. Timmerman Co. 12 Inc. 13 ( 7) Resolution Authorizing Cancellation of 14 Federal and State Grants 15 ( 8) Resolution Naming 36th Street from Palisade 16 Avenue to New York Avenue as Reverend Horst 17 Gerhardt “Gary” Gugler (sic) Way 18 ( 9) Resolution Approving Contract for Summer 19 Food Program with Nu-Way Concessionaries, Inc. 20 (10) Resolution Approving Amendment to Contract 21 for Personnel Consultant 22 (11) Resolution Approving Contract with Scanlan 23 Landscaping, Inc. for 2015 Park Landscape 24 Maintenance Program 25 (12) Resolution Designating Loading Zone at 142 7 nd 1 32 Street 2 (13) Resolution Authorizing the Clerk to 3 Advertise for Bids for the 2015 CDA Roadway 4 Improvements Project Section 2 5 (14) Resolution Authorizing the Clerk to 6 Advertise Bids for the Purchase of E-Ticketing 7 Software System 8 (15) Resolution Authorizing a Special Emergency 9 Appropriation 10 (16) Resolution Retiring Pocket Liquor License 11 No. 0910-33-157-001 Held by Pebble Beach, Inc. 12 (17) Resolution Approving the 2012-2013, 13 2013-2014 & 2014-2015 Renewal of Liquor License 14 No. 0910-33-063-005 for 1705 Restaurant LLC 15 (18) Resolution Authorizing Refund of Redemption 16 Monies to Outside Lienholders 17 (19) Resolution Authorizing the Refund of 18 Premium Monies Collected at the Tax Sale 19 (20) Any other matter of City business that may 20 arise 21 22 ACTING CITY CLERK: Next item is Consent 23 Agenda. 24 First item is Resolution Approving the 25 Payments of Claims. 8 1 Item 2. 2 Resolution Approving the Payments 3 Concurring Claims. 4 Item 3. 5 Resolution Approving the City Payroll for 6 the Period of June 3rd, 2015 through June 16, 7 2015. 8 Item 4. 9 Resolution Approving the Library Payroll 10 for the Period of June 3rd, 2015 through June 16, 11 2015. 12 Item 5. 13 Resolution Authorizing Settlement in a 14 Workers Compensation Matter Entitled Joseph 15 Colavito Petition Number 1997-13891. 16 Item 6. 17 Resolution Approving Contract for Purchase 18 of Broom Street Sweeper from W.E. Timmerman 19 Corporation Inc. 20 Item 7. 21 Resolution Authorizing Cancellation of 22 Federal and State Grants. 23 Item 8. 24 Resolution Naming 36th Street from Palisade 25 Avenue to New York Avenue as Reverend Horst 9 1 Gerhardt “Gary” Gugler (sic) Way. 2 Item 9. 3 Resolution Approving Contract for -- for 4 Summer Food Program with Nu-Way Concessionaries, 5 Inc. 6 Item 10. 7 Resolution Approving Amendment to Contract 8 for Personnel Consultant. 9 Item 11. 10 Resolution Approving Contract with Scanlan 11 Landscaping, Inc. for the 2015 Park Landscaping 12 Maintenance Program. 13 Item 12. 14 Resolution Designating Loading Zone at 142 15 32nd Street. 16 Item 13. 17 Resolution Authorizing the Clerk to 18 Advertise for Bids for the 2015 CDA Roadway 19 Improvement Project Section 2. 20 Item 14. 21 Resolution Authorizing the Clerk to 22 Advertise Bids for the Purchase of E-Ticketing 23 Software System. 24 Item 15. 25 Resolution Authorizing a Special Emergency 10 1 Appropriation. 2 Item 16. 3 Resolution Retiring Pocket Liquor License 4 Number 0910-33-157-001 Held by Pebble Beach, Inc. 5 Item 17. 6 Resolution Approving the 2012-2013, 7 2013-2014 and the 2014-2015 Renewal of Liquor 8 License Number 0910-33-063-005 for 1705 9 Restaurant LLC. 10 Item -- item 18. 11 Resolution Authorizing Refund of Redemption 12 Monies to Outside Lienholders. 13 Item 19. 14 Resolution Authorizing the Refund of 15 Premium Money Collected at Tax Sale. 16 Mayor, you wish to take -- 17 MAYOR STACK: Sure. 18 Just before we do, just to make a comment 19 on Resolution number 8 is very special to myself 20 and to the Board of Commissioners, I think along 21 with, you know, I would have to say the vast 22 majority of Union City residents, naming 36 th 23 Street after the Reverend Gary Kugler. 24 I’ve come to know Gary probably in like 25 1980, a little bit before that -- I was in high 11 1 school at the time. I used to walk back and 2 forth to City Hall and speak to him all the time 3 when he formed the homeless shelter on 36 th and 4 Palisade. 5 Very courageous at the time, took a lot of 6 criticism but helped people that no one else 7 would help. Everybody else would turn a blind 8 eye to. And I think he was just an exceptional 9 human being. Any time he picked up the phone and 10 called me, it was always about helping other 11 people. Even up until his last days. 12 I mean I remember him going to see my 13 mother at Englewood Hospital. I didn’t even know 14 he knew my mother was there and he would show up 15 and visit my mother. It was the type of human 16 being he was. Always caring about people, always 17 doing his best to help people throughout his 18 whole life. 19 And I think it was just a great way to 20 honor him and to his family to always have that 21 street named after him right on 36 th and Pal. So, 22 I thank the Board of Commissioners for 23 considering and sponsoring this. 24 On the resolution on the personnel 25 consultant. It’s very important. This is for 12 1 Judy Gottlieb, I believe. 2 MS de los RIOS: Exactly. 3 MAYOR STACK: Judy Gottlieb. 4 Judy’s done an excellent job as our 5 personnel consultant. She came from the State of 6 New Jersey and has done a good job. 7 On the resolution approving the contract 8 with Scanlan Landscaping, I was wishing we could 9 have got this much lower. We didn’t get much 10 activity. People picked up on this but you 11 didn’t get -- I don’t think we received any other 12 bidders except Scanlan -- 13 MS. de los RIOS: That’s right. 14 MAYOR STACK: -- on the contract for the 15 landscaping. 16 It’s higher than what we like. Hopefully 17 going into next year we’ll have more time and 18 we’ll get a better amount of people coming in to 19 bid on the contract. 20 The CDA roadway improvements are important; 21 building up the infrastructure of the City -- 22 continuing to do that. 23 I would like to give a special thank you to 24 -- to the diligence of Mr. Greg Farmer, our ABC 25 Prosecutor, for working on retiring the liquor 13 1 license at Pebble Beach, which was once located 2 at 41st -- 42nd -- well, 41st and Park Avenue. And 3 the great job that the Police Department, under 4 the leadership of the Chief, and specifically 5 Lieutenant John Loaces and Sergeant Dunlay who’s 6 here today, who have really, really tried 7 diligently to clean up the liquor license 8 establishments in the City. 9 And this is just another one that we’ve 10 been able to return back to the City and help it 11 -- or hopefully it helps clean up the quality of 12 life as we’ve been doing. 13 Having said that anyone wishing to comment 14 on the Consent Agenda, please step forward, state 15 your name and address for the record. 16 Seeing none, I’ll make a motion. 17 ACTING CITY CLERK: Motion to close public 18 comment by Mayor 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? 14 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 ACTING CITY CLERK: Is there a motion to 10 approve all items on the Consent Agenda? 11 COMMISSIONER VALDIVIA: Motion. 12 ACTING CITY CLERK: Motion by Commissioner 13 Valdivia. 14 COMMISSIONER RIVAS: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 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? 15 1 COMMISSIONER MARTINETTI: I’m recusing on 2 number 17; aye on the rest. 3 ACTING CITY CLERK: Recusing on number 17. 4 And Mayor Stack? 5 MAYOR STACK: Yes. 6 7 ORDINANCE(S) FOR INTRODUCTION: 8 9 ( ) AN ORDINANCE AMENDING CHAPTER 233 “LAND 10 DEVELOPMENT” OF THE CODE OF THE CITY OF UNION 11 CITY 12 13 ACTING CITY CLERK: Next item -- item is an 14 Ordinance for Introduction. 15 The Ordinance will be further considered at 16 a meeting of the Board of Commission to be held 17 on Tuesday, June 30th, 2015, at seven p.m. at the 18 Union Hill Middle School, 3800 Hudson Avenue. 19 First Ordinance is Amending Chapter 223, 20 Land Development, of the Code of the City of 21 Union City. 22 MAYOR STACK: Just -- just for everyone’s 23 knowledge, on the agenda that everyone’s holding 24 in their hand right now it says Wednesday, July 25 1st. 16 1 There was a change made so that it would be 2 held on -- 3 The Regular Meeting on July 1 st will still 4 take place but the Special Meeting for these 5 Ordinances will be held on June 30 th at seven p.m. 6 at Union Hill Middle School. 7 Just so that there’s no confusion. 8 I’ll make a motion. 9 ACTING CITY CLERK: Is there a motion on 10 the first Ordinance? 11 Motion by Mayor Stack. 12 COMMISSIONER FERNANDEZ: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Fernandez. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack? 17 1 MAYOR STACK: Yes. 2 3 ORDINANCE(S) FOR INTRODUCTION: 4 5 ( ) AN ORDINANCE PROVIDING FOR A SPECIAL 6 EMERGENCY APPROPRIATION FOR THE PAYMENT OF 7 CONTRACTUALLY REQUIRED SEVERANCE LIABILITIES 8 RESULTING FROM THE LAYOFF OR RETIREMENT OF CITY 9 EMPLOYEES 10 11 ACTING CITY CLERK: Next Ordinance 12 Providing for a Special Emergency Appropriation 13 for the Payment of Contractually Required 14 Severance Liabilities Resulting from the Layoff 15 or Retirement of City Employees. 16 MAYOR STACK: Again, this will be held -- 17 this will be held on Tuesday, June 30 th, at seven 18 p.m. at Union Hill Middle School. 19 ACTING CITY CLERK: That’s correct. 20 MAYOR STACK: Motion. 21 ACTING CITY CLERK: Motion by Mayor Stack. 22 COMMISSIONER MARTINETTI: Second. 23 ACTING CITY CLERK: Second by Commissioner 24 Martinetti. 25 Roll call. 18 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 ORDINANCE(S) FOR INTRODUCTION: 14 15 ( ) AN ORDINANCE AMENDING CHAPTER 366 OF THE 16 CODE OF THE CITY OF UNION CITY ENTITLED “STREET 17 AND SIDEWALKS” 18 19 ACTING CITY CLERK: Next Ordinance Amending 20 Chapter 366 of the Code of the City of Union City 21 Entitled Street and Sidewalk. 22 MAYOR STACK: Again this will be held for 23 the public comment portion will be held on 24 Tuesday, June 30th, at Union Hill Middle School at 25 3800 Hudson Avenue at seven p.m. 19 1 ACTING CITY CLERK: Motion? 2 MAYOR STACK: Motion. 3 COMMISSIONER MARTINETTI: Second. 4 ACTING CITY CLERK: Motion by Mayor Stack. 5 Second by Commissioner Martinetti. 6 Roll call. 7 Commissioner Fernandez? 8 COMMISSIONER FERNANDEZ: Yes. 9 ACTING CITY CLERK: Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 19 ORDINANCE(S) FOR INTRODUCTION: 20 21 ( ) AN ORDINANCE ADOPTING THE 3501-3511 22 PALISADE AVENUE REDEVELOPMENT PLAN 23 24 ACTING CITY CLERK: Next Ordinance Adopting 25 the 3501-3511 Palisade Avenue Redevelopment Plan 20 1 to be held -- to be held on Tuesday, June 30, 2 2015, at Union Hill Middle School, 3800 Hudson 3 Avenue. 4 MAYOR STACK: Motion. 5 ACTING CITY CLERK: Motion by Mayor Stack. 6 COMMISSIONER VALDIVIA: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Valdivia. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: 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 REGULAR AGENDA: 23 24 1. Resolution Approving the Redevelopment 25 Agency Payroll for the Period of June 3, 2015 21 1 through June 16, 2015 2 3 ACTING CITY CLERK: Next item is the 4 Regular Agenda. 5 First item is Resolution Approving the 6 Redevelopment Agency Payroll for the Period of 7 June 30(sic) -- 3rd, 2015 through June 16, 2015. 8 COMMISSIONER MARTINETTI: Motion. 9 ACTING CITY CLERK: Motion made by -- 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: -- Commissioner 12 Martinetti. 13 Second by Commissioner Valdivia. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER MARTINETTI: Recusing. 17 ACTING CITY CLERK: Recusing. 18 Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack? 22 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 2. Resolution Approving Disciplinary 6 Proceedings Against Mi Otra Casita t/a Mi Otra 7 Casita Bar & Liquor LLC, Located at 401 30 th 8 Street, Liquor License No. 0910-33-080-009. 9 10 ACTING CITY CLERK: Item 2 is Resolution 11 Approving Disciplinary Proceeding Against Mi Otra 12 Casita, also known as Mi Otra Casita Bar and 13 Liquor LLC, Located at 401 30 th Street, Liquor 14 License Number 0910-33-080-009. 15 Is there a motion on item 2? 16 COMMISSIONER VALDIVIA: Motion. 17 MAYOR STACK: Motion. 18 ACTING CITY CLERK: Motion by Commissioner 19 Valdivia. 20 Second by Mayor Stack. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes. 23 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 Recusing. 6 Mayor Stack? 7 MAYOR STACK: Yes. 8 9 REGULAR AGENDA: 10 11 3. Resolution Authorizing Payment to the 12 Hudson County Improvement Authority 13 14 ACTING CITY CLERK: Item 3. 15 Resolution Authorizing Payment to the 16 Hudson County Improvement Authority. 17 MAYOR STACK: I’ll move it. 18 ACTING CITY CLERK: Motion by Mayor Stack. 19 COMMISSIONER RIVAS: Thank you. 20 COMMISSIONER FERNANDEZ: Second. 21 ACTING CITY CLERK: Second -- 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: -- by Commissioner 24 Fernandez. 25 Roll call. 24 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 MS. de los RIOS: Recusing. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 COMMISSIONER FERNANDEZ: Recuse. 9 MS. de los RIOS: I’m sorry, recusing. 10 ACTING CITY CLERK: I’m sorry. 11 Commissioner Rivas; recusing. 12 MS. de los RIOS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 Recusing. 18 Mayor Stack? 19 MAYOR STACK: Yes. 20 21 REGULAR AGENDA: 22 23 4. Resolution Approving Payment to the Union 24 City Board of Education and the Union City High 25 School 25 1 2 ACTING CITY CLERK: Item 4. 3 Resolution Approving Payment to the Union 4 City Board of Education and the -- and the Union 5 City High School. 6 Is there a motion? 7 8 REGULAR AGENDA: 9 10 3. Resolution Authorizing Payment to the 11 Hudson County Improvement Authority 12 13 COMMISSIONER RIVAS: Excuse me? 14 I seconded number 3. I -- 15 ACTING CITY CLERK: Recusing. 16 COMMISSIONER RIVAS: Yes, I’m recusing, 17 so -- 18 MAYOR STACK: He was the second. 19 I’ll be the second on that. 20 ACTING CITY CLERK: Oh, I’m sorry. 21 So, -- okay, -- 22 MAYOR STACK: I was just going to correct 23 that right now. 24 ACTING CITY CLERK: Right. 25 MAYOR STACK: I think Commissioner -- 26 1 either myself or Commissioner -- 2 ACTING CITY CLERK: No. Commissioner 3 Martinetti -- 4 I’m mean -- 5 I’m sorry. 6 Item 3, right, -- 7 MS. DILLON: Commissioner Fernandez. 8 ACTING CITY CLERK: -- Commissioner 9 Fernandez and Commissioner Rivas, recusing. 10 And Mayor Stack second the motion. 11 MAYOR STACK: Right. 12 13 REGULAR AGENDA: 14 15 4. Resolution Approving Payment to the Union 16 City Board of Education and the Union City High 17 School 18 19 ACTING CITY CLERK: Item 4. 20 Resolution Approving Payment to the Union 21 City Board of Education and Union City High 22 School. 23 Is there a motion on item 4? 24 MAYOR STACK: Motion. 25 ACTING CITY CLERK: Motion by Mayor Stack. 27 1 COMMISSIONER RIVAS: Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Rivas. 4 Roll call. 5 Commissioner Fernandez? 6 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 Recusing. 14 Mayor Stack? 15 MAYOR STACK: Yes. 16 17 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 18 19 ACTING CITY CLERK: Mayor, do you wish to 20 take public comment on any item on the Regular 21 Agenda? 22 MAYOR STACK: Sure. 23 Any member of the public at this time that 24 would like to comment on any matter concerning 25 municipal government in the City of Union City, 28 1 please step forward, state your name and address 2 for the record. 3 Right to the left. 4 Mr. Price? 5 MR. PRICE: Yes. Larry Price, 1006 6 Palisade Avenue. 7 Just a quick question. 8 This is the study for 3501-3511 Palisade 9 Avenue. It sort of reads like an ordinance but 10 it’s not in an ordinance form. 11 Is there going to be something else or is 12 this it? 13 MS. de los RIOS: That -- 14 Mayor, may I? 15 MAYOR STACK: Sure. Sure. 16 MS. de los RIOS: That is not -- that’s not 17 the ordinance. The ordinance is actually 18 attached to the agenda. 19 What you’re holding in your hand is not the 20 ordinance. That’s -- that’s the plan. 21 MAYOR STACK: Right. So, this evening -- 22 MS. de los RIOS: That was authored by 23 David Spatz. 24 MAYOR STACK: -- this evening -- 25 MR. PRICE: Yes. 29 1 MAYOR STACK: -- this evening produce a 2 copy of the ordinance to -- 3 MS. de los RIOS: Absolutely. 4 MAYOR STACK: -- Mr. Price. 5 MR. PRICE: Oh. Okay. 6 MS. de los RIOS: I’ll give it to him -- 7 MAYOR STACK: All right? 8 MS. de los RIOS: -- afterwards. 9 MAYOR STACK: We’ll give you a copy right 10 before you leave, Mr. Price. 11 MR. PRICE: Okay. Very good. 12 Thank you. 13 MAYOR STACK: Thank you. 14 Anyone else wishing to comment on the 15 Consent -- on the agenda -- 16 I’m sorry. 17 -- on any matter concerning municipal 18 government? 19 Mr. Marotta? 20 Just right over here, Libero. 21 MR. MAROTTA: First of all, -- 22 MS. DILLON: Name for the record. 23 MR. MAROTTA: Libero Marotta, 311 9th 24 Street. 25 MS. DILLON: Thank you. 30 1 MR. MAROTTA: Maybe we could get some audio 2 because I can’t hear too well on that side. You 3 know? 4 MAYOR STACK: What I’m going to try to do, 5 Libero, I’m going to try to get -- I’m going to 6 try to get something that we can bring with us to 7 each meeting -- 8 MR. MAROTTA: Yeah. 9 MAYOR STACK: -- being that we move them 10 around the City because it’s hard to -- to have 11 something permanent being that we move them. 12 MR. MAROTTA: Right. 13 MAYOR STACK: So we’ll try to have 14 something. We’ll get something. 15 MR. MAROTTA: I’ve noticed that -- 16 MAYOR STACK: Dominick, maybe you can do 17 that? 18 MR. MAROTTA: -- at other meetings, also. 19 MAYOR STACK: So they can hear us at least. 20 Something portable. 21 All right? 22 MR. MAROTTA: First of all what I want to 23 do I want to clear up what might be a 24 misunderstanding from the last meeting that we 25 had. 31 1 Because I made some comments on some topics 2 at the last meeting and the response I seemed to 3 get from the members of the Board were sort of 4 defensive and I couldn’t understand that. 5 You know, I know what this Board has done. 6 I know what this Administration has done. In 7 fact, I think I’m one of the strongest supporters 8 of this Mayor and this Administration for many, 9 many years and I haven’t waived from that 10 position all. I want this Board to know that. 11 However, I also want you to know that 12 criticism is not synonymous with disrespect. Or 13 criticism is not synonymous with not supporting. 14 Okay, let’s -- let’s clear that -- clear that air 15 once and for all. 16 Now, I know I’ve taken the subject up with 17 respect to what the -- what I feel the Board of 18 Adjustment has done to this City. I think it’s 19 hurt the City very, very much. I’ve asked for 20 the entire Board and their professionals to 21 resign and get a new Board in there, which I 22 think we need that. 23 And I’m going to just make one point on 24 that. 25 All right? 32 1 History, since this Board has been there, 2 tells us that of all the appeals that have been 3 brought to the Superior Court and the Appellate 4 Division, 75 percent have been successful. 5 Just think of it for a moment. 6 Number one, the courts are very reluctant 7 to reverse a Board of Adjustment. They normally 8 vote in favor of the Board of Adjustment. So 9 when the courts take 75 percent of Union City 10 appeals and reverse the Board, I think that tells 11 us something. 12 But let’s face it, no matter how much I 13 feel this Board must be changed, I don’t see the 14 change coming. 15 All right? 16 However, I don’t believe we can correct the 17 errors that we’ve made. But I think we could 18 mitigate the damage. 19 Union City needs parking. No question 20 about it. 21 All right? 22 What I’m going to recommend and discuss 23 with the Board is to create neighborhood parking 24 in the City. 25 We have a vacant lot on 13th and Palisade. 33 th 1 We have a vacant lot on 17 and Palisade. We 2 have a vacant lot on Summit Avenue between 8 th and 3 10th Street. We have a beautiful vacant lot on 4 Hudson Avenue and 45th Street. 5 And I think if we took a poll of the 6 neighbors in these neighborhoods do they want to 7 see parking their or do they want to see a four 8 story building there that creates more problem, I 9 think we all know how the people would vote. 10 So I’m going to recommend and suggest that 11 this Board that we consider acquiring these lots 12 and putting public parking in there for the 13 people of this City. 14 All right? 15 That’s number one. 16 MAYOR STACK: Libero, if I could just 17 respond to that? 18 On creating parking; we’ve looked at 19 45th -- 20 Let me go with the last one first. 21 Forty-fifth and Hudson we’ve looked at but 22 the contamination is very, very heavy for the 23 City. We looked at it for a number of reasons; 24 to maybe do parking and also maybe some type of a 25 ball field for the children. We looked at a park 34 1 a number of years ago -- in fact, Commissioner 2 Martinetti and I did on doing something for 3 disabled children up there. 4 The problem is the environmental is so 5 severe. What I was told a number of years ago is 6 that the -- the file was opened on that property 7 in ’85, if I’m correct -- and I’m just going back 8 to my memory -- and that the site was heavily 9 contaminated. That’s why the City backed away 10 from doing that. 11 Thirteenth and Pal, basically, uses their 12 lot now for parking. 13 And 17th and Pal, I believe was bought, and 14 I think there were -- I don’t know if they went 15 for approval or if they got an approval already, 16 I’m not really sure -- 17 MR. MAROTTA: Well, -- 18 MAYOR STACK: -- on those three. 19 But I do actively look because 7 th and West 20 we created; 12th Street -- you remember the old 21 police garage, between 12th and Palisade -- 22 MR. MAROTTA: Well, that’s the only one I 23 know in the City. 24 But let me comment on -- 25 MAYOR STACK: And I’ll continue to look at 35 1 other places in the City. 2 MR. MAROTTA: But let -- let me say this. 3 Before these lots are grabbed up by these 4 developers, let the City take care of the rats. 5 MAYOR STACK: I agree. I agree. 6 MR. MAROTTA: All right? 7 On 45th Street there might be a problem 8 with contamination there but believe me when I 9 tell you there can’t be a contamination or 10 environmental problem like there is on the 11 waterfront in Weehawken. And they have kids 12 playing on there. That’s really contaminated. 13 MAYOR STACK: Right, I know it is. 14 MR. MAROTTA: So I think we could resolve 15 that problem. 16 But let’s look into it. Please, let’s get 17 parking for the people in your City. 18 One other point with respect to a vacant 19 lot. 20 We happen to have a vacant lot on 4th 21 Street and Palisade Avenue that’s gorgeous. You 22 know every summer in New York City in Central 23 Park they give concerts and they give plays. And 24 people go there and sit in their lawn chairs, 25 they sit on the grass, they listen to the music 36 1 and what do they see? Trees. 2 In Union City if we had that on 4th Street 3 they’d see the most beautiful view in the world, 4 New York City. We could -- we could attract the 5 best artists in the world really into Union City 6 and make Union City truly a cultural center. 7 So, I would -- I would consider that. 8 Okay? 9 Now there’s another issue I want to 10 discuss. I don’t believe -- now, see with all 11 these years that I’ve supported this 12 Administration, -- before you people were an 13 Administration I supported you. I’ve never been 14 part of the Administration, so I’ve never had an 15 input. Okay? 16 And the only time you can have an input is 17 coming to a meeting like this where the public 18 has a right to express concern or express ideas. 19 I don’t believe the answer to the financial 20 situation is building high rises. Believe me I 21 had arguments will Bill Musto 40 years ago about 22 that. He hasn’t resolved it with high rises and 23 we’re not going to resolve it. All we’re going 24 to do is create a concrete jungle here and take 25 away that view. 37 1 All right? 2 Now I want to ask this question. Before 3 you became Mayor, Brian, the communities 4 including Union City decided to get together in 5 North Hudson and they created -- they put the 6 fire departments -- they consolidated the fire 7 departments. 8 Have we done a study? Actually are we 9 saving money? 10 MAYOR STACK: I don’t believe so, no. 11 MR. MAROTTA: Well, if we’re not saving 12 money then it’s a big problem. 13 What are we going to do about it? 14 If we’re not saving money, let’s get the 15 hell out of there and take care of our own fire 16 department. 17 MAYOR STACK: Libero, I’ve looked -- I’ve 18 looked -- not to interrupt you but I’ve looked at 19 doing that but the cost -- I mean where we’re at 20 now I don’t believe we saved any money, I don’t 21 believe we ever will save any money. 22 The problem that we have is that the prior 23 administration sold all the fire houses, sold 24 everything. And to start our own department it 25 just would be cost-prohibitive. It would be 38 1 impossible to do. 2 MR. MAROTTA: You know, Brian, I 3 remember -- 4 MAYOR STACK: And most of the guys that 5 went from Union City to the Regional, I would say 6 90 -- 95 percent, are gone -- are retired. 7 Everybody left. 8 MR. MAROTTA: I hate to remind you but 9 remember the petition? 10 MAYOR STACK: I do. I would have never -- 11 MR. MAROTTA: You -- 12 MAYOR STACK: I’m on the record today and I 13 was on the record then, I would have never 14 regionalized that department. We had probably 15 the best fire department in the State. 16 I don’t take anything against the -- the 17 men that are in the Regional now but I just feel 18 it could be run better and differently. 19 MR. MAROTTA: Well it seems that what we’ve 20 created up there or what -- what’s been created 21 is some more political jobs to be given. Because 22 if we look at the payroll we could see what’s 23 happening. 24 But talking about consolidation, I’m very, 25 very much concerned about that. I believe -- 39 1 MAYOR STACK: So am I. 2 MR. MAROTTA: -- we must consider 3 consolidating with Weehawken. 4 Why can’t we consolidate with Weehawken? 5 I know politically they’re going to go 6 crazy. But let them go crazy. We consolidate 7 with Weehawken we have a waterfront. We 8 consolidate with Weehawken we preserve the views. 9 We consolidate with Weehawken we bring money in. 10 Look, I’m sorry, Mayor Turner might not 11 like the idea but -- 12 COMMISSIONER FERNANDEZ: Understatement. 13 MAYOR STACK: I think it would be a good 14 idea. 15 MR. MAROTTA: I know. I think we should 16 really, really -- I think if we took a -- put 17 this on the question on the ballot as a non- 18 binding referendum, I think the people of Union 19 City would vote for it and I have a strong 20 feeling the people of Weehawken would vote for 21 it, too. 22 MAYOR STACK: Right. 23 MR. MAROTTA: So, please, let’s consider 24 that. 25 MAYOR STACK: I definitely will. 40 1 MR. MAROTTA: Okay? 2 MAYOR STACK: I will. 3 MR. MAROTTA: Thank you very much. 4 MAYOR STACK: Thank you. 5 COMMISSIONER VALDIVIA: Hope they -- 6 MAYOR STACK: Thank you. 7 Anyone else wishing to comment at this 8 time? 9 ACTING CITY CLERK: Seeing none. 10 Is there a motion to close public comment? 11 COMMISSIONER MARTINETTI: Motion. 12 MAYOR STACK: Motion. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 COMMISSIONER FERNANDEZ: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 Fernandez. 18 Roll call. 19 Commissioner Fernandez? 20 COMMISSIONER FERNANDEZ: Yes. 21 ACTING CITY CLERK: Commissioner Rivas? 22 COMMISSIONER RIVAS: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner 41 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. R G Enterprise Entertainment t/a Therapy 4 Lounge, 2803 Bergenline Avenue, Liquor License 5 No. 0910-33-134-006 6 2. Bambinas Bar & Restaurant t/a Milagro 7 Ecuatoriano Restaurant, 2906 Bergenline Avenue, 8 Liquor License No. 0910-33-040-009 9 3. Enrique De Leon t/a Graciela’s Cactus Bar & 10 Restaurant, 426 32nd Street, Liquor License No. 11 0910-33-227-005 12 13 ACTING CITY CLERK: Mayor, next item is 14 Liquor License Disciplinary Proceeding. 15 Mr. Farmer? 16 MAYOR STACK: Mr. Farmer? 17 MR. FARMER: If we could just -- 18 Good evening, Mayor and Commissioners. 19 * * * 20 21 BAMBINAS BAR & RESTAURANT t/a MILAGRO ECUATORIANO 22 RESTAURANT, 2906 Bergenline Avenue 23 Liquor License No. 0910-33-040-009 24 25 MR. FARMER: We’ll take number 2 first 43 1 because counsel is here. 2 MAYOR STACK: Just -- 3 MR. FARMER: I’m -- 4 MAYOR STACK: -- if you could keep your 5 voice up, -- 6 MR. FARMER: Yes. 7 MAYOR STACK: -- Mr. Farmer. 8 MR. FARMER: This is you. 9 MS. CARIDE: No. It’s going to -- it’s 10 Milagro Ecuatoriano -- 11 MR. FARMER: Um-hum. 12 MS. CARIDE: -- Restaurant. 13 MR. FARMER: Um-hum. 14 MS. CARIDE: Okay, yeah. Yeah. 15 MR. FARMER: All right. Let’s start all 16 over again. 17 Good evening. 18 I’m addressing number 2 on your calendar. 19 Ms. Caride is here representing the licensee. 20 And although the licensee was supposed to be 21 here, she’s not here. She’s communicated with 22 Ms. Caride indicating that she is stuck in 23 traffic. 24 So we have already, with Mr. Gonzalez, have 25 worked out a recommended plea which I would think 44 1 that you’ll accept. So I don’t see any reason to 2 keep everybody hanging around waiting for this 3 woman to appear. If we could put it off for two 4 weeks and -- 5 MAYOR STACK: Okay. 6 So, we’ll put -- 7 MR. FARMER: -- and -- 8 MAYOR STACK: -- we’ll adjourn it for two 9 weeks? 10 MS. CARIDE: For the record, I just want to 11 put my -- 12 MAYOR STACK: Sure. 13 MS. CARIDE: Marlene Caride of Gonzalez and 14 Caride. 15 And, again, my apologies. There’s seem to 16 have been some kind of mis-communication, 17 Mayor, -- 18 MAYOR STACK: Sure. 19 MS. CARIDE: -- members of the -- of the 20 Commissioners. 21 So, what the counsel has said is correct. 22 We have reached an agreement as to a resolution 23 on this matter. 24 MAYOR STACK: Good. 25 MS. CARIDE: So when we come back it’s just 45 1 to put it right through. 2 MAYOR STACK: That’s fine. That’s fine. 3 MR. FARMER: Okay? All right. 4 MS. CARIDE: Two weeks? 5 MR. FARMER: Yes. 6 MS. CARIDE: Beautiful. 7 MAYOR STACK: Thank you very much. 8 MS. CARIDE: Thank you so much. 9 MAYOR STACK: Thank you. 10 MS. CARIDE: And, again, my apologies. 11 MAYOR STACK: Sure. 12 MR. FARMER: Take care, Marlene. 13 MAYOR STACK: Thank you. 14 MS. CARIDE: Have a good day. 15 * * * 16 17 18 19 20 21 22 23 24 25 46 1 R G ENTERPRISE ENTERTAINMENT t/a THERAPY LOUNGE, 2 2803 Bergenline Avenue 3 Liquor License No. 0910-33-134-006 4 5 MR. FARMER: With respect to Therapy, I’ve 6 made arrangements with Dominick and Detective 7 Dunlay to view a film on that. And that will 8 really dictate whether or not we’re going to 9 pursue charges. 10 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 1 ENRIQUE DE LEON t/a GRACIELA’S CACTUS BAR & 2 RESTAURANT, 426 32nd Street 3 Liquor License No. 0910-33-227-005 4 5 MR. FARMER: And then the last one is 6 Cactus Bar and Restaurant. 7 Gentlemen? 8 MS. DILLON: Right here in front of the 9 microphone, sir. 10 MR. FARMER: Right here. 11 MS. DILLON: Sir, what is your name? 12 MR. DE LEON: Enrique De Leon. 13 MS. DILLON: Spell it for me. 14 MR. DE LEON: E-N-R-I-Q-U-E. D-E-L-E-O-N. 15 MR. FARMER: Here. 16 MS. DILLON: D-E-R-E-O-- (sic) -- 17 MR. DE LEON: D-E-L-E-O-N. 18 MS. DILLON: Okay. 19 MR. FARMER: Okay. 20 You’re the owner and licensee of the Cactus 21 Bar. 22 Correct? 23 MR. DE LEON: Yes, I am. 24 MR. FARMER: Okay. 25 MR. DE LEON: Yes. 48 1 MR. FARMER: You came to my office 2 yesterday and we discussed this matter? 3 MR. DE LEON: Yeah, we -- yes we did. 4 MR. FARMER: Okay, you got to answer 5 verbally and keep your voice up. 6 MR. DE LEON: Okay. 7 MR. FARMER: And I indicated to you -- we 8 went over the charges against you, which were 9 paper violations. 10 Correct? 11 MR. DE LEON: That’s correct. 12 THE PROSECUTOR: And you showed me, as you 13 have under your arm this evening, that you’ve 14 corrected those paper violations? 15 MR. DE LEON: Yes, I did. 16 THE PROSECUTOR: Okay. 17 Nevertheless I had indicated to you that it 18 has been the custom and practice for the Board 19 for years and years and years, when there ever is 20 a paper violation, the penalty is three days. 21 And I told you you could select those three days. 22 MR. DE LEON: Yes. 23 MR. FARMER: And you’re in agreement with 24 that. 25 Correct? 49 1 MR. DE LEON: Yes, yes I agree. 2 MR. FARMER: Okay. 3 I would recommend a three day suspension, 4 it was a paper violation; there was somebody 5 missing on the E-141. 6 MAYOR STACK: Sir, do you have an attorney? 7 MR. DE LEON: No. 8 MAYOR STACK: Do you need -- do you want to 9 have an attorney with you? 10 MR. DE LEON: You think I need an attorney, 11 I could use it -- 12 MAYOR STACK: No, no. I just want to -- I 13 just want to make sure you know you had the right 14 to consult an attorney. 15 You feel comfortable going ahead with this 16 three day suspension? 17 MR. DE LEON: Yes, I think it’s -- we can 18 do that. You know, I think that -- that’s right. 19 And also we -- we talk with Mr. Gregory 20 back at his office so -- we discuss everything, 21 so I think that’s the best, you know, choice. 22 MAYOR STACK: And you -- you understand 23 everything that’s going on? 24 MR. DE LEON: Yes, I did. 25 MAYOR STACK: You do. 50 1 MR. DE LEON: Yes, I -- 2 MAYOR STACK: Okay. 3 MR. DE LEON: -- do. I do. 4 MAYOR STACK: And you know that this will 5 be a three day suspension of the license. 6 MR. DE LEON: Yes. 7 MAYOR STACK: You won’t be able to serve 8 liquor during that period. 9 MR. DE LEON: I know. I do understand. 10 MAYOR STACK: Okay. 11 MR. DE LEON: I do understand that. 12 MAYOR STACK: Okay, sir. 13 Okay, I’ll make a motion. 14 ACTING CITY CLERK: Is there a motion? 15 Motion by Mayor Stack. 16 COMMISSIONER FERNANDEZ: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Fernandez. 19 Roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes. 51 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: Yes. 4 ACTING CITY CLERK: Mayor Stack? 5 MAYOR STACK: Yes. 6 And your name for the record is? 7 MR. DE LEON: Enrique De Leon. 8 MAYOR STACK: And you’re the owner of the 9 establishment? 10 MR. DE LEON: I’m the owner, yes. 11 MAYOR STACK: Great. 12 Thank you very much, sir. Thank you for 13 waiting. 14 MR. DE LEON: All right. 15 Thank you. 16 MR. FARMER: That’s it. 17 18 * * * 19 20 ADJOURNMENT: 21 22 ACTING CITY CLERK: Mayor, there are no 23 other -- no other item on the agenda. 24 Is there a motion to adjourn? 25 MAYOR STACK: Motion. 52 1 COMMISSIONER MARTINETTI: Motion. 2 ACTING CITY CLERK: Motion by Mayor Stack. 3 Second by Commissioner Martinetti. 4 All in favor? 5 6 (Whereupon, there was a chorus of ayes.) 7 8 (Whereupon, the proceedings were concluded 9 at 7:29 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 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 54 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, June 16, 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

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 June 16, 2015 at 7:00 p.m. at the Bella Vista Apartments, 522- 22nd Street, 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 May 13, 2015 & May 19, 2015 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: 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 June 3, 2015 through June 16, 2015 4.   Resolution Approving the Library Payroll for the Period of June 3, 2015 through June 16, 2015 5.   Resolution Authorizing Settlement in a Workers Compensation Matter Entitled Joseph Colavito Petition No. 1997-13891 6.   Resolution Approving Contract for Purchase of Broom Street Sweeper from W.E. Timmerman Co. Inc. 7.   Resolution Authorizing Cancellation of Federal and State Grants 8.   Resolution Naming 36th Street From Palisade Avenue to New York Avenue as Reverend Horst Gerhardt “Gary” Gugler Way 9.   Resolution Approving Contract for Summer Food Program with Nu-Way Concessionaries, Inc. 10.  Resolution Approving Amendment to Contract for Personnel Consultant 11.  Resolution Approving Contract with Scanlan Landscaping, Inc. for 2015 Park Landscape Maintenance Program 12.  Resolution Designating Loading Zone at 142 32nd Street 13.  Resolution Authorizing the Clerk to Advertise for Bids for the 2015 CDA Roadway Improvements Project Section 2 14.  Resolution Authorizing the Clerk to Advertise bids for the Purchase of E-Ticketing Software System 15.  Resolution Authorizing a Special Emergency Appropriation 16.  Resolution Retiring Pocket Liquor License No. 0910-33-157-001 Held by Pebble Beach, Inc. 17.  Resolution Approving the 2012-2013, 2013-2014 & 2014-2015 Renewal of Liquor License No. 0910-33-063-005 for 1705 Restaurant LLC. 18.  Resolution Authorizing Refund of Redemption Monies to Outside Lienholders 19.  Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 20.  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 will be further considered at a meeting of the Board of Commissioners to be held on Wednesday July 1, 2015 at 7:00 p.m. at the Holy Rosary Senior Residence, 1509 Bergenline Avenue, Union City, New Jersey. AN ORDINANCE AMENDING CHAPTER 223 “LAND DEVELOPMENT’ OF THE CODE OF THE CITY OF UNION CITY Motion to Introduce Motion made by seconded by ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: AN ORDINANCE PROVIDING FOR A SPECIAL EMERGENCY APPROPRIATION FOR THE PAYMENT OF CONTRACTUALLY REQUIRED SEVERANCE LIABILITIES RESULTING FROM THE LAYOFF OR RETIREMENT OF CITY EMPLOYEES Motion to Introduce Motion made by seconded by ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: AN ORDINANCE AMENDING CHAPTER 366 OF THE CODE OF THE CITY OF UNION COITY ENTITLED “STREET AND SIDEWALKS” Motion to Introduce Motion made by seconded by ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: ORDINANCE ADOPTING THE 3501-3511 PALISADE AVENUE REDEVELOPMENT PLAN 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 June 3, 2015 through June 16, 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 Approving Disciplinary Proceedings Against Mi Otra Casita t/a Mi Otra Casita Bar & Liquor LLC, Located at 401 30th Street, Liquor License No. 0910-33-080- 009 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 Authorizing Payment to the Hudson County Improvement Authority 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 Payment to the Union City Board of Education and the Union City High School 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.   R G Enterprise Entertainment t/a Therapy Lounge, 2803 Bergenline Avenue, Liquor License No. 0910-33-134-006 2.   Bambinas Bar & Restaurant t/a Milagro Ecuatoriano Restaurant, 2906 Bergenline Avenue, Liquor License No. 0910-33-040-009 3.   Enrique De Leon t/a Graciela’s Cactus Bar & Restaurant, 426 32nd Street, Liquor License No. 0910-33-227-005 Motion to Approve: Motion made by seconded by . ROLL CALL: FERNANDEZ; RIVAS; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _______ ADJOURNMENT Motion must be duly made and seconded Motion made by_______ seconded by______

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