Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS William V. Musto Cultural Center 420 15th Street Union City, New Jersey Wednesday, August 5, 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: SCARINCI HOLLENBECK BY: MONICA E. de los RIOS, ESQ. BY: KRYSTLE NOVA, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. CHARLES D. SAPIENZA, ESQ. Attorneys for the Union City Alcohol Beverage Control Commission SUSAN COLDITZ, Chief Financial Officer ERIN KNOEDLER, Director of Operations/ Acting City Clerk  2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 APPROVAL OF MINUTES 4 CONSENT AGENDA 5 ORDINANCES FOR INTRODUCTION 14 REGULAR AGENDA 16,17, 18 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 19 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 28 ADJOURNMENT 45  3 1 ACTING CITY CLERK: Please stand for the 2 Pledge. 3 4 (Whereupon the Pledge of Allegiance was 5 said.) 6 7 ACTING CITY CLERK: This meeting has been 8 called in accordance with Chapter 231, Public Law 9 of 1975, the Open Public Meetings Act. 10 Adequate notice of this meeting has been 11 provided as follows: 12 Notice of this meeting setting forth the 13 time, date, location, and agenda, to the extent 14 known, was forwarded to The Jersey Journal, The 15 Record, The Hudson Reporter, and has been posted 16 on a bulletin board in City Hall, and made 17 available to the public in the office of the 18 Municipal Clerk. 19 20 ROLL CALL: 21 22 ACTING CITY CLERK: Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Here. 25 ACTING CITY CLERK: Commissioner Rivas?  4 1 COMMISSIONER RIVAS: Here. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Here. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Here. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Here. 9 10 APPROVAL OF PREVIOUS MEETING MINUTES FROM JUNE 11 16, 2015: 12 13 ACTING CITY CLERK: The next item is the 14 Approval of the Minutes from the meeting of June 15 16th. 16 May I have a motion to -- 17 COMMISSIONER VALDIVIA: Motion. 18 MAYOR STACK: Second. 19 ACTING CITY CLERK: Seconded. 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.  5 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: Yes. 4 ACTING CITY CLERK: Mayor Stack? 5 MAYOR STACK: Yes. 6 7 CONSENT AGENDA: 8 9 ( 1) Resolution Approving the Payment of Claims 10 ( 2) Resolution Approving the Payment of 11 Concurring Claims 12 ( 3) Resolution Approving the City Payroll for 13 the Period of July 11, 2015 through July 24, 2015 14 ( 4) Resolution Approving the Library Payroll 15 for the Period of July 11, 2015 through July 24, 16 2015 17 ( 5) Resolution Awarding Contract for 2015 18 Community Development Agency Roadway Improvements 19 Program for Bergenline Avenue Section 2 to S. 20 Batata Construction Inc. 21 ( 6) Resolution Awarding Contract for Juan Pablo 22 Duarte Park Spray Ground Improvements to Ray 23 Palmer Associates, Inc. 24 ( 7) Resolution Authorizing the Clerk to 25 Advertise Bids for the 47th Street Firehouse  6 1 Family Shelter, Located at 303 47th Street 2 ( 8) Resolution Authorizing the Clerk to 3 Advertise Bids for the 2015 CDA Citywide Sidewalk 4 Replacement Program 5 ( 9) Resolution Authorizing the Clerk to 6 Advertise Bids for the 2015 CDA Citywide Tree 7 Planting Program 8 (10) Resolution Authorizing an Amendment to the 9 Award of a Contract for Medical Director Services 10 with Dr. Howard Felderman 11 (11) Resolution Awarding State Contract for E- 12 Ticketing System to GTBM 13 (12) Resolution to Award Contract for Soccer 14 Equipment and Supplies 15 (13) Resolution to Approve Shared Services 16 Agreement with Town of West New York for Health 17 Officer Services 18 (14) Resolution Rejecting Bids for Citywide 19 Striping Phase 2 Contract 20 (15) Resolution Approving Disciplinary 21 Proceedings Against Milagro Ecuatoriano 22 Restaurant t/a Bambinas Bar & Restaurant, Located 23 at 2906 Bergenline Avenue, Liquor License No. 24 0910-33-040-009 25 (16) Resolution Authoring (sic) Assessor and  7 1 Special Counsel to Correct Errors in Tax 2 Assessments, Settle Certain Appeals and File 3 Municipal Tax Appeals for the Period of July 1, 4 2015 Through June 30, 2015 (sic) 5 (17) Resolution Setting the Preliminary Tax Levy 6 for Calendar Year 2015 and Authorizing the Tax 7 Collector to Prepare, Complete and Mail as Soon 8 as Practicable Tax Bills in Accordance with the 9 Procedures Set Forth in N.J.S.A. 54:4-66.2 10 (18) Resolution Authorizing Refund of Redemption 11 Monies to Outside Lienholders 12 (19) Resolution Authorizing the Refund of 13 Premium Monies Collected at the Tax Sale 14 (20) Any other matter of City business that may 15 arise 16 17 ACTING CITY CLERK: There are 19 items on 18 the Consent Agenda. 19 The first item is Resolution Approving the 20 Payment of Claims. 21 The second item is Resolution Approving the 22 Payment of Concurring Claims. 23 The third item is a Resolution Approving 24 the City Payroll for the Period of June (sic) 25 11th, 2015 through --  8 1 I’m sorry. 2 -- July 11th, 2015 through July 24th, 2015. 3 The fourth item is a Resolution Approving 4 the Library Payroll for the Period of July 11th, 5 2015 through July 24th, 2015. 6 The fifth item is Resolution Awarding 7 Contract for a 2015 Community Development Agency 8 Roadway Improvements Program for Bergenline 9 Avenue Section 2 to S. Batata Construction 10 Incorporated. 11 The sixth item. 12 Resolution Awarding Contract for Juan Pablo 13 Duarte Park Spray Ground Improvements to Ray 14 Palmer Associates, Incorporated. 15 The seventh item is a Resolution 16 Authorizing the Clerk to Advertise Bids for the 17 47th Street Firehouse Family Shelter, Located at 18 303 47th Street. 19 The eighth item is a Resolution Authorizing 20 the Clerk to Advertise Bids for the 2015 CDA 21 Citywide Sidewalk Replacement Program. 22 The ninth -- ninth item is a Resolution 23 Authorizing the Clerk to Advertise Bids for the 24 2015 CDA Citywide Tree Planting Program. 25 The tenth item is a Resolution Authorizing  9 1 an Amendment to the Award of a Contract for 2 Medical Director Services with Dr. Howard 3 Felderman. 4 The eleventh item is a Resolution Awarding 5 State Contract for E-Ticketing System to GTBM. 6 The twelfth item is a Resolution to Award a 7 Contract for Soccer Equipment and Supplies to BSN 8 Sports and Stan’s Sports Center. 9 The thirteenth item is a Resolution to 10 Approve Shared Services Agreement with the Town 11 of West New York for Health Officer Services. 12 The fourteenth item is a Resolution 13 Rejecting Bids for the Citywide Striping Phase 2 14 Contract. 15 The sixteenth -- or, I’m sorry, the 16 fifteenth item is a Resolution Approving 17 Disciplinary Proceeding -- Proceedings Against 18 Milagro Ecuatoriano Restaurant/Bambinas Bar and 19 Restaurant, Located at 2906 Bergenline Avenue, 20 Liquor License Number 0910-33-040-009. 21 The sixteenth Resolution is Authorizing 22 Assessor and Special Counsel to Correct Errors in 23 Tax Assessments, Settle Certain Claims (sic) -- 24 Appeals and File Municipal Tax Appeals for the 25 Period of July 1st, 2015 through June 30th, 2016.  10 1 The seventeenth item is a Resolution 2 Settling (sic) the Preliminary Tax Levy for 3 Calendar Year 2015 and Authorizing the Tax 4 Collector to Prepare, Complete and Mail as Soon 5 as Possible -- Practicable Tax Bills in 6 Accordance with the Procedures Set Forth in 7 N.J.S.A. 54:4-66.2. 8 The eighteenth item is a Resolution 9 Authorizing a Refund of Redemption Monies to 10 Outside Lienholders. 11 The nineteenth Resolution is Authorizing a 12 Refund for Premium Monies Collected at the Tax 13 Sale. 14 Mayor, at this time would you like to 15 provide public comment? 16 MAYOR STACK: Sure. 17 Just before we do, on the Resolution 18 Awarding the CDA Roadway Improvement Program, 19 that will pickup now where we left off last year 20 on Bergenline Avenue. We’ll be going from 9 th 21 Street going north on Bergenline Avenue. It’s 22 our ultimate goal to try to get up to at least 23 15th Street. We probably won’t get that far this 24 year; we might get to 13th Street. 25 On the Contract for Duarte Park Spray  11 1 Ground Improvements, that -- that is being 2 awarded. That work should start by probably by 3 the end of the month. That’s putting in 4 additional spray equipment for the children. 5 The 47th Street Firehouse we talked about 6 several months ago. That will proceed as an 7 emergency shelter for fire victims. Taking an 8 old firehouse and converting it for fire victims. 9 And the City -- CDA Citywide Sidewalk 10 Program is something we’ve done over the years, 11 various sidewalks throughout the City. 12 And the same thing with the Tree Program. 13 Hopefully with the tree program we’ll plant close 14 to a thousand trees this year in the City, a 15 little bit more than that possibly. 16 Anyone wishing to comment on the Consent 17 Agenda, please step forward, state your name and 18 address for the record. 19 MR. PRICE: Larry Price, 1006 Palisade. 20 On Bergenline. I happened to be going down 21 Bergenline Avenue today and it was closed off 22 starting at 15th Street going south and there was 23 a big trench dug in the middle of the street. 24 And it seemed to be Public Service kind of the -- 25 a lot of -- lot of equipment when it --  12 1 Can’t we get that one paid for from 15 th 2 Street south because of opening the road? 3 MAYOR STACK: You know that’s -- that’s 4 pretty much of an old one, Larry. I wish I could. 5 That’s an older street that hasn’t been paved in 6 quite some time and it doesn’t fall in -- under 7 our ordinance. But actually they’re doing that 8 work because we’re going in and replacing the 9 street and we’re doing the sidewalks and the work 10 there. 11 So they’re trying to get out in front of 12 us. Ultimately I won’t pave -- this year I won’t 13 pave 9th Street up to 15th this year; I’ll pave it 14 next year. Because the trench always sinks. 15 So, we’ll do the sidewalks, the tree 16 planting, the decorative lights this year and 17 then pave it next year after the trench settles. 18 MR. PRICE: But it’s our nickel next year? 19 MAYOR STACK: Yeah. Absolutely. 20 MR. PRICE: Okay. 21 Thank you. 22 MAYOR STACK: Anyone else wishing to 23 comment on the Consent Agenda? 24 Okay. Seeing no other. 25 ACTING CITY CLERK: Is there a motion?  13 1 MAYOR STACK: Motion. 2 COMMISSIONER RIVAS: Second. 3 ACTING CITY CLERK: Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Yes with the 5 exception of number 1 and number 2 as it pertains 6 to the Redevelopment Agency; and number 18 as it 7 pertains to Brown Street. 8 Otherwise, 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: I recuse on the 16 payments for -- pertaining to Adolfo Lopez. 17 Aye on the rest. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 ACTING CITY CLERK: Can I have a motion to 21 approve all items on Consent Agenda? 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Second? 24 COMMISSIONER RIVAS: Second. 25 COMMISSIONER VALDIVIA: Second.  14 1 ACTING CITY CLERK: Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes, again, on -- 3 yes on everything except as it pertains to number 4 1 and 2 as it pertains to the Redevelopment 5 Agency; and number 18 as it pertains to Brown 6 Street. 7 Otherwise, yes. 8 ACTING CITY CLERK: Commissioner Rivas? 9 COMMISSIONER RIVAS: Yes. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti? 14 COMMISSIONER MARTINETTI: I’m recusing on 15 item number 1, payments pertaining to Adolfo 16 Lopez. 17 Aye on the rest. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 21 ORDINANCE(S) FOR INTRODUCTION: 22 23 ( ) AN ORDINANCE AMENDING CHAPTER 223 “LAND 24 DEVELOPMENT” OF THE CODE OF THE CITY OF UNION 25 CITY  15 1 2 ACTING CITY CLERK: The next item on the 3 agenda is an Ordinance for Introduction. 4 The Ordinance will be further considered at 5 a Meeting of the Board of Commissioners to be 6 held on August 18th, 2015, at seven p.m. at Saint 7 Anthony’s School, 700 Central Ave, Union City, 8 New Jersey. 9 The Ordinance is Amending Chapter 223, Land 10 Development, of the Code of the City of Union 11 City. 12 Can I have a motion to introduce? 13 MAYOR STACK: Motion. 14 ACTING CITY CLERK: Seconded? 15 COMMISSIONER VALDIVIA: Second. 16 ACTING CITY CLERK: 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?  16 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 1. Resolution Approving the Redevelopment 6 Agency Payroll for the Period of July 11, 2015 7 through July 24, 2015 8 9 ACTING CITY CLERK: The next items on the 10 agenda are three -- three items on the Regular 11 Agenda. 12 The first is a Resolution Approving the 13 Redevelopment Agency Payroll for the Period of 14 July 11th, 2015 -- 15 COMMISSIONER MARTINETTI: Motion. 16 ACTING CITY CLERK: -- through July 24th, 17 2015. 18 COMMISSIONER MARTINETTI: Sorry. 19 ACTING CITY CLERK: That’s okay. 20 Motion is made by Commissioner Martinetti. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Second by Valdivia. 23 Commissioner Fernandez? 24 COMMISSIONER MARTINETTI: Recusing. 25 COMMISSIONER RIVAS: Recusing.  17 1 ACTING CITY CLERK: Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia? 4 COMMISSIONER VALDIVIA: Yes. 5 ACTING CITY CLERK: Commissioner 6 Martinetti? 7 COMMISSIONER MARTINETTI: Yes. 8 ACTING CITY CLERK: Mayor Stack? 9 MAYOR STACK: Yes. 10 11 REGULAR AGENDA: 12 13 2. Resolution Authorizing Payment of Claim to 14 the Hudson County Clerk 15 16 ACTING CITY CLERK: The next item, item 2, 17 is a Resolution Authorizing the Payment of Claims 18 to the Hudson County Clerk. 19 May I have a motion? 20 COMMISSIONER VALDIVIA: Motion. 21 ACTING CITY CLERK: Second? 22 COMMISSIONER FERNANDEZ: Second. 23 ACTING CITY CLERK: Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas?  18 1 COMMISSIONER RIVAS: Recusing. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Recusing. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 10 REGULAR AGENDA: 11 12 3. Resolution Authorizing Payment of Claim to 13 the Hudson Regional Health Commission 14 15 ACTING CITY CLERK: The third item is a 16 Resolution Authorizing Payment of Claim to Hudson 17 Regional Health Commission. 18 May I have a motion? 19 COMMISSIONER VALDIVIA: Motion. 20 COMMISSIONER MARTINETTI: Motion. 21 Second. 22 Valdivia. 23 Valdivia. 24 ACTING CITY CLERK: Valdivia? Okay. 25 COMMISSIONER MARTINETTI: Valdivia.  19 1 ACTING CITY CLERK: Sorry about that. 2 COMMISSIONER MARTINETTI: And -- 3 ACTING CITY CLERK: Martinetti? 4 COMMISSIONER MARTINETTI: Yes. 5 ACTING CITY CLERK: Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Yes. 7 ACTING CITY CLERK: 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? 15 MAYOR STACK: Yes. 16 17 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 18 19 ACTING CITY CLERK: Mayor, at this time 20 would like to open the meeting to public comment? 21 MAYOR STACK: Sure. 22 Anyone wishing to address the Board at this 23 time, please step forward, state your name and 24 address for the record. 25 MR. MAROTTA: Libero Marotta, 311 9th  20 1 Street. 2 Mayor on the 38 million dollar bond 3 ordinance, what’s the length of time for that 4 debt? 5 MAYOR STACK: I believe that’s 30 years, 6 right? 7 MS. de los RIOS: Yes. 8 MAYOR STACK: Thirty years. 9 MR. MAROTTA: Thirty years. 10 What’s the interest? 11 MS. COLDITZ: There’s no interest rate yet. 12 MAYOR STACK: Do you know that? 13 ACTING CITY CLERK: There -- no, there’s no 14 interest rate at this point, but -- 15 MAYOR STACK: Susan, -- Sue, can you just 16 step forward. Just if you could just identify 17 yourself for the record. 18 MS. COLDITZ: Susan Colditz, CFO for the 19 City. 20 The interest rates haven’t been set yet. 21 We have a preliminary OS and in August it’s going 22 out for bid and that’s when the interest rates 23 will be struck. 24 MR. MAROTTA: What do you anticipate the 25 approximate interest rate to be?  21 1 MS. COLDITZ: I don’t -- I can’t -- I 2 can’t; it’s a bid, so -- I’m saying maybe about 3 1.9 maybe? Something like that. 4 MR. MAROTTA: Okay. 5 Could you -- 6 MS. COLDITZ: Approximately. 7 MR. MAROTTA: Could you tell me -- 8 approximately at two percent, could you tell me 9 what the yearly cost to the City would be? 10 MS. COLDITZ: Well the first year it’s 11 interest only. 12 MS. DILLON: Just step forward, Ms. 13 Colditz, please. 14 MS. COLDITZ: It’s -- the first year it’s 15 interest only. Should be approximately I’d say 16 about a million dollars. And the cost to the 17 City is very minute because the Board of Ed will 18 be covering the debt. I -- maybe ten percent of 19 it might be the City’s. 20 MR. MAROTTA: And what about after the 21 first year? 22 MS. COLDITZ: It stays like that every 23 single year for 30 years. The City’s only 24 responsible for a small portion. 25 MAYOR STACK: It would be fixed.  22 1 Right? 2 MS. COLDITZ: Yes. 3 MR. MAROTTA: I’m talking -- 4 MAYOR STACK: It would be a fixed rate. 5 MR. MAROTTA: -- about -- 6 MS. COLDITZ: Yes. 7 MR. MAROTTA: -- you said the first year -- 8 MS. COLDITZ: The first year -- 9 MR. MAROTTA: -- interest only. 10 MS. COLDITZ: -- is interest only because 11 it’s a non-conforming loan. 12 MR. MAROTTA: After the first year -- 13 MS. COLDITZ: It will be non-conforming. 14 MR. MAROTTA: -- it was interest and 15 principal. 16 MS. COLDITZ: And principal. That’s about 17 two million. 18 MR. MAROTTA: About two million a year. 19 MS. COLDITZ: And it’s -- 20 MR. MAROTTA: And -- 21 MS. COLDITZ: -- only about ten percent for 22 the City. 23 MR. MAROTTA: And -- 24 MS. COLDITZ: If that. It might even be 25 lower.  23 1 MS. DILLON: One at a time please. 2 MR. MAROTTA: I’m sorry. 3 MS. DILLON: Thank you. 4 MR. MAROTTA: And that entire 25 year 5 debt, -- 6 MS. COLDITZ: It’s about 30 years. 7 MR. MAROTTA: -- with exception -- 90 8 percent of that will be covered by the Board of 9 Education -- 10 MS. COLDITZ: It’s 90 percent. 11 MR. MAROTTA: -- and not by the City? 12 MS. COLDITZ: Approximately 90 percent. 13 The State will determine that when they do the 14 calculations based on how much of the State aid 15 the Board of Ed will get. 16 MR. MAROTTA: All right. Now, we’re an 17 Abbott School District here. 18 MS. COLDITZ: Yes. 19 MR. MAROTTA: Did that -- 90 percent of 20 that debt, will that be covered by the State 21 through the Abbott -- 22 MS. COLDITZ: Yes. 23 MR. MAROTTA: -- or will it be –- 24 Entirely? 25 MS. COLDITZ: Just -- probably 90 percent.  24 1 That’s just an approximate. I don’t have the 2 calculation that the State’s going to use. But 3 based on, you know, the prior years when we had 4 the debt before, it was approximately 89.9 5 percent. 6 MR. MAROTTA: Do we have a representation 7 from the State that it will be covered by the 8 State and not a burden on our taxpayer? 9 MS. COLDITZ: It won’t be a burden on the 10 taxpayers. The State aid -- it’s based on State 11 aid that we get will be coming from the State. 12 MR. MAROTTA: Yeah. 13 MS. COLDITZ: Now I don’t -- I don’t have 14 anything in writing but I’m sure bond counsel 15 does. 16 MR. MAROTTA: You’re sure bond -- 17 MS. COLDITZ: They have the whole package. 18 MR. MAROTTA: Could you check with bond 19 counsel -- 20 MS. COLDITZ: I can -- I can check. 21 MR. MAROTTA: -- and if you have a copy -- 22 MS. COLDITZ: And I’ll give you a copy of 23 it. 24 MR. MAROTTA: -- would you get me a copy? 25 MS. COLDITZ: I will.  25 1 MR. MAROTTA: Thank you very much. 2 MAYOR STACK: Thank you. 3 MS. COLDITZ: Just check back with me and 4 I’ll get it for you. 5 MAYOR STACK: Anyone else wishing to 6 comment at this time on any matter concerning 7 municipal government in the City of Union City? 8 Seeing none. 9 COMMISSIONER FERNANDEZ: Mayor, before we 10 proceed? 11 Mayor, I’d like to commend you as Safety 12 Director for the City of Union City. Our Police 13 Department, yesterday we had an event, with 14 thousands and thousands of residents out on the 15 street on Bergenline Avenue without one single 16 incident. 17 And I commend you and the Chief of Police, 18 Richard Molinari, and all the officers that took 19 part yesterday in this event for the tremendous, 20 tremendous work. 21 Thank you very much, Mayor, on behalf -- 22 not just the Commissioners but on behalf of the 23 entire community. 24 Thank you. 25 MAYOR STACK: Thank you very much. Thank  26 1 you, Commissioner. 2 I make a motion. 3 ACTING CITY CLERK: Second? 4 Motion to close the public meeting. 5 It was motioned by Mayor Stack. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Seconded by? 8 Thank you. 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 FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 ACTING CITY CLERK: The next items -- 21 Excuse me. 22 The next items on the agenda are Liquor 23 License Disciplinary Hearings. 24 MAYOR STACK: The liquor hearings; Mr. 25 Farmer?  27 1 This portion of the meeting that we’re 2 going to right now is Liquor License Disciplinary 3 Hearings. 4 5 (Whereupon, there was a pause in the 6 proceedings.) 7 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  28 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Azucar Club, Inc. t/a Azucar Club, Located 4 at 421 43rd Street, Liquor License No. 5 0910-33-003-007 6 2. El Chapin Corp t/a El Rincon Chapin, 7 Located at 2118 Bergenline Avenue, Liquor License 8 No. 0910-33-075-009 9 3. Dolores Castro t/a Uno Bar, Located at 3607 10 New York Avenue, Liquor License No. 11 0910-33-108-004 12 4. Los Tejares LLC t/a Los Tejares, Located at 13 3901 Bergenline Avenue, Liquor License No. 14 0910-33-038-005 15 5. Plaza Espana, Inc. t/a Plaza Hispana, 16 Located at 2506 Bergenline Avenue, Liquor License 17 No. 0910-33-136-020 18 19 MAYOR STACK: Mr. Farmer? 20 MR. FARMER: Yes. 21 MAYOR STACK: Oh. 22 Are you prepared, Mr. Farmer? 23 Or we could give it a little time? No? 24 You can go right over here; there’s a -- 25 MR. FARMER: Oh.  29 1 MAYOR STACK: -- maybe that would be 2 easier. 3 MR. FARMER: Okay. Great. 4 (Whereupon, there was a pause in the 5 proceedings.) 6 MR. FARMER: You have a number of -- five 7 -- there are -- 8 Good evening. 9 MAYOR STACK: Good evening, Mr. Farmer. 10 MR. FARMER: There are five matters before 11 you on your calendar this evening. And I’d like 12 to address them. 13 Two, I think, are going off and three I -- 14 I’m going to recommend pleas to. 15 16 * * * 17 18 19 20 21 22 23 24 25  30 1 DOLORES CASTRO t/a UNO BAR, Located at 3607 New 2 York Avenue 3 Liquor License No. 0910-33-108-004 4 5 MR. FARMER: The first one here -- and I’m 6 jumping around because he told me had an 7 engagement -- is Uno Bar, which is -- 8 MAYOR STACK: Just for the record, -- 9 MR. FARMER: Number 3. 10 MAYOR STACK: -- Justin Mercado will be 11 translating for us this evening. 12 And the gentleman –- 13 14 (Whereupon, Justin Mercado translated 15 English to Spanish and Spanish to English.) 16 17 MAYOR STACK: We’re going to Uno Bar right 18 now, Mr. Farmer? 19 MR. FARMER: Yes, number 3. 20 MAYOR STACK: Okay. 21 MR. FARMER: Now, with respect to this 22 establishment, the charges against him is a paper 23 violation. Historically there have been -- they 24 have been plagued with paper violations. 25 And with this particular one I spoke to the  31 1 licensee -- because he came to my office, which 2 is a practice that I have prior to coming here to 3 try to get some input from the licensees. 4 MR. RODRIGUEZ: (In English) Okay. 5 MR. FARMER: And we have agreed that the 6 paper violation this time would be a five day 7 suspension. 8 MAYOR STACK: And, Justin, just before he 9 goes any further, if he could just state his 10 name, who he’s representing, and what his role is 11 with the establishment. 12 MR. MERCADO: My name is Alberto Rodriguez. 13 I’m the manager of the Uno Bar. 14 MAYOR STACK: Does he have an attorney? Or 15 does he wish to have an attorney present this 16 evening? 17 MR. MERCADO: If you’re going to apply what 18 we -- according to what we talk about it, it’s 19 okay. 20 MAYOR STACK: Okay. 21 MR. FARMER: Okay. 22 So I would recommend that. 23 But there’s something I just want to point 24 out to you is that I think we will be back with 25 Uno Bar at the time of the renewal of the  32 1 licenses. Because -- because the police are 2 concerned about the true ownership of the bar. 3 When they ask this gentleman and the 4 licensee, Miss Castro, the responses are not 5 satisfactory. 6 So we may very well be dealing with them in 7 September at time of renewal. 8 MR. RODRIGUEZ: (In English) Okay. 9 MAYOR STACK: Does he understand what the 10 penalty will be this evening? 11 MR. MERCADO: Yes, I do, five days. 12 MAYOR STACK: Okay. And he’s in agreement 13 with that? 14 MR. MERCADO: Yes, I am. 15 MAYOR STACK: Okay. 16 Okay, I’ll make a motion to approve a five 17 day suspension. 18 Do we have the dates on that? 19 MR. FARMER: No, I’m going to set them. 20 MAYOR STACK: Mr. Farmer, preferably this 21 month, all right, please? 22 MR. FARMER: Sure. 23 MAYOR STACK: Okay. 24 Thank you. 25 MR. FARMER: What I’ll do is I’ll have it  33 1 for the next meeting -- 2 MAYOR STACK: That’s fine. 3 MR. FARMER: -- and we can start right 4 there. 5 MAYOR STACK: Right. 6 MR. FARMER: Sure. 7 MAYOR STACK: Thank you. 8 MR. MERCADO: He would like to be starting 9 on Sunday. 10 MAYOR STACK: Okay, he’ll work that out 11 with Mr. Farmer. 12 MR. FARMER: Yeah. 13 Sunday’s a little short. Generally, what 14 I’d like to do and what we normally do is we 15 carry them to the next meeting two weeks later, 16 you enter the resolution, the suspension starts. 17 MR. MERCADO: Doesn’t have to be this 18 Sunday; it could be the next one. 19 MAYOR STACK: Okay. 20 MR. FARMER: All right, I’ll do it the next 21 Sunday. 22 MAYOR STACK: That’s fine. 23 Very good. 24 MR. RODRIGUEZ: (In English) Okay. 25 MAYOR STACK: Thank you, sir.  34 1 Thank you. 2 MR. FARMER: Azucar Club. 3 MS. DILLON: Wait. Wait. 4 ACTING CITY CLERK: A motion was made by 5 Mayor Stack. 6 MR. FARMER: Oh. 7 COMMISSIONER FERNANDEZ: Second. 8 ACTING CITY CLERK: Is there a second? 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? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 21 * * * 22 23 24 25  35 1 AZUCAR CLUB, INC. t/a AZUCAR CLUB, Located at 421 2 416-418 43rd Street 3 Liquor License No. 0910-33-003-007 4 5 ACTING CITY CLERK: Next item? 6 MR. FARMER: Okay. 7 MS. DILLON: Just state what it is, Mr. 8 Farmer. 9 MR. FARMER: Yes. This is number 1, Azucar 10 Club. 11 Counsel can put his appearance in. 12 MR. DIAZ: Luis Diaz on behalf of the 13 licensee, Azucar Club. 14 MR. FARMER: This is -- this is my 15 recommendation to the Board. 16 There are a number of charges. Some paper; 17 a fight, which seems to be somewhat questionable, 18 and a statement from presumably an independent 19 witness who exonerates the bar. 20 There’s also a charge of serving an 21 intoxicated person, which is a serious charge. 22 And that is the charge that the licensee’s going 23 to plead guilty to and I think it’s a significant 24 thing on his record. 25 With respect to the intoxicated person, the  36 1 police really they weren’t able to establish how 2 long a person was there and how much he had to -- 3 to drink there. 4 So I think balancing everything, a ten day 5 suspension, and on the record that they had 6 served an intoxicated person, I think is a fair 7 resolution to the charges against this place. 8 And as you know, they’ve had a history and I 9 think we want to build a record. 10 MAYOR STACK: Mr. Diaz? 11 MR. DIAZ: The licensee acknowledges and 12 accepts responsibility for the event and accepts 13 the proposed suspension; assure that it will not 14 happen again. 15 The person came in; had already been 16 drinking somewhere else but was not -- had not 17 signs of intoxication. It seems that inside of 18 the establishment is when the alcohol that he had 19 consumed outside exploded, plus whatever he had 20 in there. And, yes, he was intoxicated. He was 21 sat down and at the end of the night taken 22 outside to -- to go home. The police saw him and 23 he was intoxicated. 24 And the -- the licensee acknowledges that. 25 MR. FARMER: Also, one of the charges that  37 1 we’re perhaps dismissing is a noise complaint. 2 And they got tickets they pleaded in the 3 municipal court and received a fine. 4 Generally I’m seeing that when there are 5 noise complaints and they’re pleaded in the 6 municipal court, the fines range from anywhere to 7 a hundred and thirty-three dollars -- 8 I don’t know what makeup is. 9 -- and to 250. 10 So I would just -- giving you that as a 11 point of information. 12 MAYOR STACK: The one thing I can speak to 13 is that the noise has been an issue because I’ve 14 received calls from neighbors, not so much on 15 43rd, but more on the block on 42 nd Street, which 16 is behind that. 17 So if they can keep the windows -- if 18 there’s a back door -- just keep that closed 19 because obviously if it’s late at night, 12, one 20 o’clock in the morning, things get quieter in the 21 neighborhood, that sound resonates to the block 22 behind it and the houses on Bergenline Avenue. 23 MR. DIAZ: Um-hum. 24 MAYOR STACK: Not as far over as New York 25 Avenue but the houses really behind on 42 nd.  38 1 MR. DIAZ: The problem was back door. That 2 when the owner was not there -- 3 MAYOR STACK: Right. 4 MR. DIAZ: -- would be open for some of the 5 patrons to go outside and smoke. Two bad things, 6 the noise and the smoking. 7 MAYOR STACK: Right. 8 MR. DIAZ: I suggested and the licensee has 9 put a bar on that door and an alarm with a big 10 sign, if it’s open, an alarm goes off. 11 And since that has been installed, I 12 believe there has not been any -- 13 MAYOR STACK: Good. 14 MR. DIAZ: -- any noise complaints. 15 MAYOR STACK: Good. 16 Thank you very much. 17 MR. DIAZ: And I have the bills here for 18 the cost and it seems to be working. 19 MAYOR STACK: Good. 20 What was your recommendation, Mr. Farmer? 21 MR. FARMER: Ten days. 22 MAYOR STACK: Okay, ten day -- ten day 23 suspension. 24 I make a motion to approve. 25 ACTING CITY CLERK: Second?  39 1 COMMISSIONER FERNANDEZ: Second. 2 ACTING CITY CLERK: Commissioner Fernandez? 3 COMMISSIONER FERNANDEZ: Yes. 4 ACTING CITY CLERK: Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti’s recusing. 10 MS. de los RIOS: Recusing. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 ACTING CITY CLERK: Next item. 14 MR. FARMER: No appeal; no -- 15 MAYOR STACK: Thank you very much. Thank 16 you. 17 MR. DIAZ: What was that? 18 MR. FARMER: No appeal; -- 19 MR. DIAZ: No. 20 MR. FARMER: -- no -- 21 I’ll put it in the resolution. 22 MR. DIAZ: Yeah. 23 MR. FARMER: Okay. 24 He’ll take care of that. 25 MR. DIAZ: Okay.  40 1 Have a good night. 2 MAYOR STACK: You, too. 3 Thank you, Mr. Diaz. 4 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  41 1 LOS TEJARES LLC t/a LOS TEJARES, Located at 3901 2 Bergenline Avenue 3 Liquor License No. 0910-33-038-005 4 5 MR. FARMER: The next one I’d like to deal 6 with is the following one, number 4, Los Tejares. 7 The licensee is here, represented by 8 counsel who can put his appearance on the record. 9 MR. CILLICK: Thank you, Mr. Farmer. 10 Edward Cillick, Cillick and Smith, 11 Hackensack, on behalf of Los Tejares and Campo 12 Rocky (phonetic) who’s the principal who’s 13 standing to my right. 14 Good evening, Mayor. 15 MAYOR STACK: Good. Good evening. 16 MR. FARMER: This is a situation and I had 17 an opportunity to confer and consult with a 18 representative of the licensee’s legal firm and 19 we negotiated a plea. 20 This is a situation where there was a paper 21 violation. I think it was lacking of the deejay 22 on the E-141. It was a minor offense. As we 23 have always done in the past, I told them that 24 they could have -- if they pleaded guilty it 25 would be a three day suspension. They agreed to  42 1 that. 2 I have the three days, which are going to 3 be the 25th, 26th and 27th. 4 MR. CILLICK: That’s correct. 5 MR. FARMER: Okay. 6 Of -- of this month. 7 MR. CILLICK: August. 8 MR. FARMER: Of August. 9 Okay. 10 MAYOR STACK: And you agree to the terms, 11 sir? 12 MR. CILLICK: Yes, Judge. 13 MAYOR STACK: Okay, great. 14 MR. CILLICK: Judge -- Mr. Mayor. 15 And understanding that it can be open for 16 food; I think that was discussed -- 17 MR. FARMER: Oh, yeah. I told him -- 18 MAYOR STACK: Yes. 19 MR. FARMER: -- apparently they’re a 20 restaurant. 21 MAYOR STACK: Great. 22 I’ll make a motion to approve. 23 ACTING CITY CLERK: Second? 24 COMMISSIONER RIVAS: Second. 25 MS. DILLON: Who’s the second?  43 1 COMMISSIONER MARTINETTI: Me. Martinetti. 2 ACTING CITY CLERK: Okay. 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: And Mayor Stack? 13 MAYOR STACK: Yes. 14 ACTING CITY CLERK: Next? 15 MR. CILLICK: Thank you very much everyone. 16 MR. FARMER: Okay. 17 Nice seeing you. 18 ACTING CITY CLERK: Next item. 19 MAYOR STACK: Thank you. Have a good 20 evening. 21 22 * * * 23 24 25  44 1 PLAZA ESPANA, INC. t/a PLAZA HISPANA, Located at 2 2506 Bergenline Avenue 3 Liquor License No. 0910-33-136-020 4 5 MR. FARMER: The next one, Plaza Espana, 6 that’s represented by Tony Sarsano; and I’ve 7 spoken to him. And I am confident that I’m going 8 to work that out. 9 But late today I got a flurry of things 10 from his office; not paperwork but trying to 11 contact me. And then when I called back, he’d 12 gone for the day. And I sense that something had 13 come up personally. 14 MAYOR STACK: Okay. 15 MR. FARMER: So, I’d like to carry that. 16 MAYOR STACK: We’ll adjourn it till the 17 next meeting. 18 MR. FARMER: Yes, I’d like that. 19 20 * * * 21 22 23 24 25  45 1 EL CHAPIN CORP t/a EL RINCON CHAPIN, Located at 2 2118 Bergenline Avenue 3 Liquor License No. 0910-33-075-009 4 5 MR. FARMER: And the last one is -- 6 Is anyone here from El Rincon, 2118 7 Bergenline Avenue? It’s a liquor store. 8 I’ll have to follow that up because we have 9 served them to be here. 10 MAYOR STACK: Right. That’s the liquor -- 11 that’s the liquor establishment bar/restaurant at 12 2118 Bergenline Avenue. 13 MS. de los RIOS: Yes. 14 MAYOR STACK: Okay. 15 MR. FARMER: All right, I’ll follow it up 16 and have it on for the next time. 17 I’ll have the police serve them personally. 18 Okay? 19 Thank you. 20 MAYOR STACK: Thank you, Mr. Farmer. 21 22 * * * 23 24 ADJOURNMENT: 25  46 1 ACTING CITY CLERK: There are no other 2 items on the agenda. 3 MAYOR STACK: Nothing further. 4 ACTING CITY CLERK: Can I have a motion to 5 adjourn? 6 COMMISSIONER RIVAS: Motion. 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Second? 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? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack. 19 MAYOR STACK: Yes. 20 ACTING CITY CLERK: Okay, we’re done. 21 MAYOR STACK: Thank you. 22 23 (Whereupon, the proceedings were concluded 24 at 7:28 p.m.) 25  47 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 Erin Knoedler, 10 Acting City Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  48 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 Wednesday, August 5, 2015 and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored by and Proofread by: Deborah Dillon