Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Saint Anthony School 700 Central Avenue Union City, New Jersey Tuesday, August 18, 2015 Commencing at 7:01 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR 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: LUCIO P. FERNANDEZ, COMMISSIONER A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: KRYSTLE NOVA, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission ERIN KNOEDLER, Director of Operations  2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 ORDINANCES FOR HEARING AND ADOPTION 4 CONSENT AGENDA 7 ORDINANCES FOR INTRODUCTION 18,20, 23 REGULAR AGENDA 24,25, 26 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 28 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 30 ADJOURNMENT 36  3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, August 18, 4 2015, at seven p.m., at the Saint Anthony School, 5 700 Central Avenue, Union City, New Jersey. 6 Everyone please rise for the Pledge of 7 Allegiance. 8 9 (Whereupon the Pledge of Allegiance was 10 said.) 11 12 ACTING CITY CLERK: This meeting has been 13 called in accordance with Chapter 231, Public Law 14 of 1975, the Open Public Meeting Act. 15 Adequate notice of this meeting has been 16 provided as follows: 17 Notice of this meeting setting forth the 18 time, the 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 bulletin board in City Hall, and 22 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 Absent. 5 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 And Commissioner Fernandez is out of town 15 with his family. 16 17 ORDINANCES FOR HEARING AND ADOPTION 18 CONSIDERATION: 19 20 1. AN ORDINANCE AMENDING CHAPTER 223 “LAND 21 DEVELOPMENT” OF THE CODE OF THE CITY OF UNION 22 CITY 23 24 ACTING CITY CLERK: First item is an 25 Ordinance for Hearing and Adoption Consideration.  5 1 An Ordinance Amending Chapter 223 Land 2 Development of the Code of City of Union City. 3 MAYOR STACK: Anyone wishing to comment on 4 this Ordinance at this time, please step forward, 5 state your name and address for the record. 6 Seeing none. 7 ACTING CITY CLERK: Is there a motion to 8 close the public -- 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: -- hearing? 11 COMMISSIONER MARTINETTI: Second. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 Second by Commissioner Martinetti. 14 Roll call. 15 Commissioner Fernandez? 16 Absent. 17 Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  6 1 ACTING CITY CLERK: Is there a motion to 2 adopt the Ordinance Amending Chapter 223 Land 3 Development of the Code -- 4 COMMISSIONER RIVAS: Motion. 5 ACTING CITY CLERK: -- of the City of Union 6 City? 7 ACTING CITY CLERK: Motion made by 8 Commissioner -- 9 COMMISSIONER VALDIVIA: Second. 10 ACTING CITY CLERK: -- Rivas. 11 Second by Commissioner Valdivia. 12 Roll call. 13 Commissioner Fernandez? 14 Absent. 15 Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 ACTING CITY CLERK: Next item is -- 25 MAYOR STACK: Just before we do, I’d just  7 1 like to thank those individuals that were at the 2 meeting. I know Mr. Price was here at the last 3 meeting some time ago on this Ordinance. And I 4 know Mr. Marotta submitted comments in writing on 5 it. 6 Just thank them for their input. 7 8 CONSENT AGENDA: 9 10 ( 1) Resolution Approving the Payment of Claims 11 ( 2) Resolution Approving the Payment of 12 Concurring Claims 13 ( 3) Resolution Approving the City Payroll for 14 the Period of July 25, 2015 through August 7, 15 2015 16 ( 4) Resolution Approving the Library Payroll 17 for the Period of July 25, 2015 through August 7, 18 2015 19 ( 5) Resolution Authorizing the City to Enter 20 into a Cooperative Agreement with the Middlesex 21 Regional Education Services Commission 22 ( 6) Resolution Authorizing the Clerk to 23 Advertise Bids for the Construction of the Police 24 Memorial Park and Reconstruction of 11 th Street 25 from Bergenline Avenue to Central Avenue Project  8 1 ( 7) Resolution Approving Disciplinary 2 Proceedings Against Uno Bar t/a Dolores Castro, 3 Located at 3607 New York Avenue, Liquor License 4 No. 0910-33-108-004 5 ( 8) Resolution Approving Disciplinary 6 Proceedings Against Los Tejares t/a Los Tejares, 7 LLC, Located at 3901 Bergenline Avenue, Liquor 8 License No. 0910-33-038-005 9 ( 9) Resolution Awarding Contract to Barbato 10 Nursery Corporation for Purchase of Dog Waste 11 Bags 12 (10) Resolution Awarding Contract to Central 13 Poly Corporation for Poly Garbage Bags 14 (11) Resolution Awarding Contracts to Dario, 15 Albert, Metz & Eyerman, Yaker Glatt LLC and Alan 16 G. Peyroutan for Public Defender 17 (12) Resolution Awarding Contract for Library 18 Board Counsel for the City of Union City with 19 Ulysses Isa ESQ. 20 (13) Resolution Awarding a Contract for Zoning 21 Board of Adjustment Counsel to Tomas R. Paneque 22 ESQ. 23 (14) Resolution Authorizing the Award of a 24 Contract for Tenant Rights Rent Board Counsel 25 with Ulysses Isa ESQ.  9 1 (15) Resolution Re-Appointing Members Miguel 2 Ortiz and Victor M. Grullon to the Zoning Board 3 of Adjustments (sic) 4 (16) Resolution Re-Appointing Members Alicia 5 Morejon, Jeanne Koehler and Jose Guareno to the 6 Planning Board 7 (17) Resolution Re-Appointing Member Lucio 8 Fernandez to the Union City Redevelopment Agency 9 (18) Resolution Re-Appointing Member Laura 10 Espinal to the Public Library’s Board of Trustees 11 (19) Resolution Authorizing Settlement in a 12 Workers Compensation Matter Claim Petition No. 13 1997-13891 entitled Joseph Colavito v. City of 14 Union City 15 (20) Resolution Authorizing the City of Union 16 City to Join in the Preparation of a Statewide 17 Fair Share Analysis 18 (21) Resolution Authorizing Refund of Redemption 19 Monies to Outside Lienholders 20 (22) Resolution Authorizing the Refund of 21 Premium Monies Collected at the Tax Sale 22 (23) Resolution Authorizing Tax Refund in Tax 23 Appeal Decisions by the Tax Court of New Jersey 24 (24) Resolution Authorizing the Refund of an 25 Overbill for 2015 Taxes on Block 26, Lot 10  10 1 Located at 315 7th Street 2 (25) Resolution Cancelling Taxes on Property 3 Erroneously Assessed on Block 101, Lot 15 C0204, 4 Also known as 1908 New York Avenue 5 (26) Resolution Cancelling Overbill on Block 6 101, Lot 15, Located at 1908 New York Avenue 7 (27) Resolution to Adjust 3rd and 4th Quarter 8 Taxes on the Property List (14 Pages) 9 (28) Any other matter of City business that may 10 arise 11 12 ACTING CITY CLERK: Next item is a Consent 13 Agenda. 14 First item is Resolution Approving the 15 Payment of Claims. 16 Item 2. 17 Resolution Approving the Payment of 18 Concurring Claims. 19 Item 3. 20 Resolution Approving the City Payroll for 21 the Period of July 25th, 2015 through August 7th, 22 2015 23 Item 4. 24 Resolution Approving the Library Payroll 25 for the Period of July 25th, 2015 through August  11 1 7th, 2015. 2 Item 5. 3 Resolution Authorizing the City Clerk -- 4 the City to Enter into Cooperative Agreement with 5 the Middlesex Regional Education Service 6 Commission. 7 Item 6. 8 Resolution Authorizing the Clerk to 9 Advertise Bids for the Construction of the Police 10 Memorial Park and Reconstruction of 11 th Street 11 from Bergenline Avenue to Central Avenue Project. 12 Item 7. 13 Resolution Approving Disciplinary 14 Proceeding Against Uno Bar also known as Dolores 15 Castro, Located at 3607 New York Avenue, Liquor 16 License Number 0910-33-108-004. 17 Item 8. 18 Resolution Approving Disciplinary 19 Proceeding Against Los Tejares also known as Los 20 Tejares, LLC, Located at 3901 Bergenline Avenue, 21 Liquor License Number 0910-33-038-005. 22 Item 9. 23 Resolution Awarding Contract to Barbato -- 24 Barbato Nursery Corporation for Purchase of Dog 25 Waste Bags.  12 1 Item 10. 2 Resolution Awarding Contract to Central 3 Poly Corporation for Poly -- Poly Garbage Bags. 4 Item 11. 5 Resolution Awarding Contracts to Dario, 6 Albert, Metz, Eyerman, Yaker Glatt LLC and Alan 7 G. Peyroutan for Public Defender. 8 Item 12. 9 Resolution Awarding Contract for Library 10 Board Counsel for the City of Union City with 11 Ulysses Isa, Esquire. 12 Item 13. 13 Resolution Awarding a Contract for Zoning 14 Board of Adjustment Counsel to Thomas(sic) R. 15 Paneque, Esquire. 16 Item 14. 17 Resolution Authorizing the Award of a 18 Contract for Tenant Right Rent Board Counsel with 19 Ulysses Isa, Esquire. 20 Item 15. 21 Resolution Re-Appointing Members Miguel 22 Ortiz and Victor M. Grullon to the Zoning Board 23 of Adjustment. 24 Item 16. 25 Resolution Re-Appointing Members Alicia  13 1 Morejon, Jeanne Koehler and Jose Guareno to the 2 Planning Board. 3 Item 17. 4 Resolution Re-Appointing Member Lucio 5 Fernandez to the Union City Redevelopment Agency. 6 Item 18. 7 Resolution Re-Appointing Member Laura 8 Espinal to the Public Library Board of Trustee. 9 Item 19. 10 Resolution Authorizing Settlement in a 11 Worker -- Workers Compensation Matter Claim 12 Petition Number 1997-13891 entitled Joseph 13 Colavito against City of Union City. 14 Item 20. 15 Resolution Authorizing the City of Union 16 City to Join in the Preparation of Statewide Fair 17 Share Analysis. 18 Item 21. 19 Resolution Authorizing Refund of Redemption 20 Money to Outside Lienholders. 21 Item 22. 22 Resolution Authorizing the Refund of 23 Premium Monies Collected at Tax Sale. 24 Item 23. 25 Resolution Authorizing Tax Refund in Tax  14 1 Appeal Decision by the Tax Court of New Jersey. 2 Item 24. 3 Resolution Authorizing the Refund of an 4 Overbill for 2015 Taxes on Block 26, Lot 10 5 Located at 315 7th Street. 6 Item 25. 7 Resolution Cancelling Taxes on Property 8 Erroneously Assessed on Block 101, Lot 15 C0204, 9 also known as 1908 New York Avenue. 10 Item 26. 11 Resolution Cancelling Overbill on Block 12 101, Lot 15, Located at 1908 New York Avenue. 13 Item 27. 14 Resolution to Adjust 3rd and 4th Quarter 15 Taxes on the Property List, 14 Pages. 16 Mayor, do you wish to take public comment 17 on any item on the Consent Agenda? 18 MAYOR STACK: Sure. 19 Just before we do, Mr. Clerk, thank you, on 20 item number 6 on the agenda, the advertisement of 21 bids for construction of the Police Memorial 22 Park. 23 Just by the naming everyone knows this will 24 be named after police officers who died in the 25 line of duty in the City of Union City.  15 1 The park took a lot of work. We’ve been 2 working closely with the PBA and Chris Scardino 3 and the entire Police Department to really create 4 a beautiful park here. It’s going to be even a 5 lot better than what we thought originally. 6 We’re also going to be doing Bergenline to 7 West and West to Central; brand new streetscape 8 in this area. We’re going to tie it in all with 9 the brand new park in the neighborhood and make 10 it really, really a nice park. Some water 11 equipment for the children in the area. 12 And something really nice for people to go 13 to; whether you want to go there and just be 14 grateful to those police officers that put up 15 their life in the line of duty or if you want 16 your children to go to a safe park to play, it’s 17 going to be something really nice. 18 In addition to that, on the dog waste bags, 19 we’re still continuing with the quality of life 20 in the City on trying to get people to pick up 21 after their dog. I mean we’re trying to make it 22 as easy as possible so that people have the dog 23 bags out there; they could use them when they’re 24 on the pole, pick up after their dog and discard 25 it in the -- in the corner trash receptacle. Tie  16 1 it into our quality of life. 2 Believe it or not that’s probably like our 3 number one issue in the City right now in the 4 meetings that we go to -- in the community 5 meetings. That could be a good thing and a bad 6 thing. 7 The Resolution re-appointing members to the 8 Zoning Board. I’d like to thank all those 9 members who are being re-appointed. 10 Thank those members who have come forward 11 in the community asking to be appointed to a 12 Board. 13 Everyone who has asked to be appointed to a 14 municipal board in this City, we’ve appointed. 15 So anyone who would like to serve on a 16 public board, please step forward, we’ll be more 17 than happy to have you part of the Administration 18 and serve the public in this capacity. 19 At this time anyone wishing to comment on 20 the Consent Agenda, please step forward, state 21 your name and address for the record. 22 Seeing none at this time. 23 ACTING CITY CLERK: Is there a motion to 24 close -- 25 MAYOR STACK: I’ll move it.  17 1 ACTING CITY CLERK: -- public comment? 2 Motion by Mayor Stack. 3 COMMISSIONER RIVAS: Second. 4 ACTING CITY CLERK: Second by Commissioner 5 Rivas. 6 Roll call. 7 Commissioner Fernandez? 8 Absent. 9 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 ACTING CITY CLERK: Is there a motion to 19 approve all items on the Consent Agenda? 20 COMMISSIONER VALDIVIA: Motion. 21 ACTING CITY CLERK: Motion by Commissioner 22 Valdivia. 23 COMMISSIONER RIVAS: Second. 24 ACTING CITY CLERK: Second by Commissioner 25 Rivas.  18 1 Roll call. 2 Commissioner Fernandez is absent. 3 Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: I’m recusing on 10 item 13 and 15. 11 Aye on the rest. 12 ACTING CITY CLERK: Commissioner Martinetti 13 recusing item 13 and 15; aye on the rest. 14 Mayor Stack? 15 MAYOR STACK: Yes. 16 17 ORDINANCE(S) FOR INTRODUCTION: 18 19 ( ) AN ORDINANCE AMENDING CHAPTER 386 OF THE 20 CODE OF THE CITY OF UNION CITY ENTITLED 21 “TAXICABS” 22 23 ACTING CITY CLERK: Next items Ordinances 24 for Introduction. 25 The Ordinances will be further considered  19 1 at a Meeting of the Board of Commissioner to be 2 held on September 1st, 2015, at seven p.m. at the 3 Colin Powell Elementary School, 1500 New York 4 Avenue, Union City, New Jersey. 5 First Ordinance. 6 An Ordinance Amending Chapter 386 of the 7 Code of the City of Union City Entitled Taxicabs. 8 MAYOR STACK: What we’re doing with this, 9 we’re reducing the insurance requirement. We 10 originally went up several months ago to a 11 $300,000.00 limit; we’re reducing that down to a 12 hundred thousand dollars as the taxicabs weren’t 13 able to get insurance. 14 It’s hard to get insurance as a taxicab in 15 the State of New Jersey right now. And we’re 16 just keeping it in line with most other 17 municipalities in the State. 18 Honestly, I think the State requirement is 19 35,000. 20 ACTING CITY CLERK: Thirty-five. 21 MAYOR STACK: We’re making it a hundred 22 thousand. So that’s tying in what we spoke to 23 the taxicab owners at the last meeting. 24 Mr. Farmer and Krystle, if you could both 25 maybe get a copy of the Ordinance to all the  20 1 taxicab companies in the City -- 2 MS. NOVA: Absolutely. 3 MAYOR STACK: -- just in case they want to 4 have any comment at the next meeting. 5 MS. NOVA: Absolutely. 6 MAYOR STACK: I would appreciate that. 7 I’ll move it. 8 ACTING CITY CLERK: Motion by Mayor Stack. 9 COMMISSIONER RIVAS: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Rivas. 12 Roll call. 13 Commissioner Fernandez? 14 Absent. 15 Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 25 ORDINANCE(S) FOR INTRODUCTION:  21 1 2 ( ) AN ORDINANCE AMENDING CHAPTER 16 OF THE 3 CODE OF THE CITY OF UNION CITY ENTITLED “VEHICLES 4 AND TRAFFIC” 5 6 ACTING CITY CLERK: Next Ordinance an 7 Ordinance Amending Chapter 16 of the Code of City 8 of Union City Entitled Vehicles and Traffic. 9 MAYOR STACK: Do you want to explain that 10 one, Krystle? 11 MS. NOVA: Sure. 12 This Ordinance is to raise the penalty of 13 where -- commercial vehicles, where there’s no 14 parking signs, basically from nine p.m. to seven 15 a.m. It was originally a hundred dollars; it 16 will now be a hundred and fifty dollars. 17 Also, for vehicles that -- similarly, 18 commercial vehicles, in no parking zones from 19 nine p.m. to seven a.m., however, in excess of 20 4,000 pounds, the minimum will be a hundred and 21 fifty dollars and the maximum fine will be 22 $500.00. 23 MAYOR STACK: And this is just to encourage 24 more parking in the City of Union City. 25 Our residents get home from work after a  22 1 long day at work, they’re able to find a parking 2 spot and not commercial vehicles parked on the 3 street. 4 This is something the Police Department’s 5 been strictly enforcing; probably issuing a 6 couple hundred summonses a week right now. 7 ACTING CITY CLERK: Is there a motion to -- 8 MAYOR STACK: I’ll move it. 9 ACTING CITY CLERK: -- introduce? 10 Motion by Mayor Stack. 11 COMMISSIONER RIVAS: Second. 12 ACTING CITY CLERK: Second by Commissioner 13 Rivas. 14 Roll call. 15 Commissioner Fernandez? 16 Absent. 17 Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  23 1 2 ORDINANCE(S) FOR INTRODUCTION: 3 4 ( ) AN ORDINANCE AMENDING CHAPTER 351-7 OF THE 5 CODE OF THE CITY OF UNION CITY TO PROHIBIT THE 6 SALE OF TOBACCO AND NICOTINE TO PERSON UNDER THE 7 AGE OF TWENTY-ONE (21) 8 9 ACTING CITY CLERK: Next Ordinance Amending 10 Chapter 351-7 of the Code of the City of Union 11 City to Prohibit the Sale of Tobacco and Nicotine 12 to Person Under the Age of 21. 13 MAYOR STACK: Once again this is a public 14 policy issue that the Commissioners and myself 15 are taking. That the sale of tobacco should be 16 at 21. 17 We see the effects of tobacco on our young 18 people and people in general. We feel it’s a 19 step in the right direction. 20 Hopefully this will be something that the 21 State follows suit with. 22 ACTING CITY CLERK: Is there a motion? 23 MAYOR STACK: Motion. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 COMMISSIONER MARTINETTI: Second.  24 1 ACTING CITY CLERK: Second by Commissioner 2 Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 Absent. 6 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 REGULAR AGENDA: 17 18 1. Resolution Approving the Redevelopment 19 Agency Payroll for the Period of July 25, 2015 20 through August 7, 2015 21 22 ACTING CITY CLERK: Next item is a Regular 23 Agenda. 24 First item. 25 Resolution Approving the Redevelopment  25 1 Agency Payroll for the Period of July 25th, 2015 2 through August 7, 2015. 3 COMMISSIONER VALDIVIA: Move it. 4 ACTING CITY CLERK: Motion by Commissioner 5 Valdivia. 6 COMMISSIONER MARTINETTI: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Martinetti. 9 Roll call. 10 Commissioner Fernandez? 11 Absent. 12 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 2. Resolution Authorizing Payment of Claims to 25 Union City Board of Education  26 1 2 ACTING CITY CLERK: Item 2. 3 Resolution Authorizing Payment of Claims to 4 Union City Board of Education. 5 COMMISSIONER RIVAS: Moved. 6 MAYOR STACK: Second. 7 ACTING CITY CLERK: Motion made by 8 Commissioner Rivas. 9 Second by Mayor Stack. 10 Roll call. 11 Commissioner Fernandez is absent. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 Recusing. 19 Mayor Stack? 20 MAYOR STACK: Yes. 21 MS. NOVA: And for the record, Commissioner 22 Valdivia is voting on this item based on the 23 doctrine of necessity. 24 25 REGULAR AGENDA:  27 1 2 3. Resolution Approving Disciplinary 3 Proceedings Against Azucar Club Inc., Located at 4 421 43rd Street, Liquor License No. 5 0910-33-003-007 6 7 ACTING CITY CLERK: Item 3. 8 Resolution Approving Disciplinary 9 Proceeding Against Azucar Club Inc., Located at 10 421 43rd Street, Liquor License Number 11 0910-33-003-007. 12 MAYOR STACK: I’ll move it. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 COMMISSIONER RIVAS: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 Rivas. 18 Roll call. 19 Commissioner Fernandez? 20 Absent. 21 Commissioner Rivas? 22 COMMISSIONER RIVAS: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner  28 1 Martinetti? 2 Recusing. 3 Mayor Stack? 4 MAYOR STACK: Yes. 5 6 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 7 8 ACTING CITY CLERK: Mayor, do you wish to 9 take public comment at this time on any of the 10 items on the Agenda? 11 MAYOR STACK: Yes, anyone wishing to 12 comment on any matter concerning municipal 13 government, please step forward, state your name 14 and address for the record. 15 Seeing none. 16 Just before we move, I’d just like to thank 17 the Commissioners once again for moving a hundred 18 percent of our meetings throughout the community. 19 I’d like to thank those members of the 20 public who have come to the meeting this evening. 21 I’ll move it. 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: Motion made by Mayor 24 Stack. 25 COMMISSIONER RIVAS: Second.  29 1 ACTING CITY CLERK: Second by Commissioner 2 Fernandez (sic). 3 COMMISSIONER RIVAS: No. Rivas. 4 ACTING CITY CLERK: I mean Commissioner 5 Fernandez is -- 6 Commissioner Rivas. I’m sorry. 7 Commissioner Fernandez? 8 Absent. 9 Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 19 * * * 20 21 22 23 24 25  30 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. El Chain Corp t/a El Rincon Chapin, Located 4 at 2118 Bergenlne Avenue, Liquor License No. 5 0910-33-075-009 6 2. Plaza Espana, Inc. t/a Plaza Hispana, 7 Located at 2506 Bergenline Avenue, Liquor License 8 No. 0910-33-136-020 9 3. Wendy C. Diaz t/a Tropical Bar & 10 Restaurant, Located at 4100C Bergenline Avenue, 11 Liquor License No. 0910-33-060-003 12 13 ACTING CITY CLERK: Mayor, the next item is 14 Liquor License Disciplinary Proceeding. 15 MAYOR STACK: Mr. Farmer? 16 MR. FARMER: Yes. 17 There are three matters on your calendar. 18 MS. DILLON: Just come closer, Mr. Farmer. 19 MR. FARMER: Where do you want me? Right 20 here. Okay. 21 There are three matters on your calendar. 22 23 * * * 24 25  31 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: The first one is El 6 Rincon/Chapin. The licensee is to my left. He 7 has indicated that Luis Alum is his attorney and 8 he just retained him. This is the first time 9 it’s on, so -- 10 MAYOR STACK: All right, we’ll adjourn it 11 till the next meeting. 12 MR. FARMER: Right. 13 Okay. And I’ll send you a notice on 14 everything, okay? 15 MAYOR STACK: Thank you very much, sir. 16 Thank you. 17 A VOICE: Thank you. Have a good night 18 everybody. 19 MAYOR STACK: You, too. 20 COMMISSIONER MARTINETTI: Thank you. 21 MAYOR STACK: Thank you, sir. 22 (Whereupon, there was a pause in the 23 proceedings.) 24 25 * * *  32 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. SARSANO: Hello. 6 MAYOR STACK: How you doing, Mr. Sarsano? 7 How are you? 8 MR. SARSANO: Doing well. 9 MR. FARMER: Okay, this next one is Plaza 10 de Espana. 11 Your client here? Why don’t you bring him 12 up. 13 MS. DILLON: You got to keep your voice up, 14 Mr. Farmer. 15 MR. SARSANO: Come on up. 16 MAYOR STACK: Just if you could keep our 17 voices up, -- 18 MR. FARMER: Yes. 19 MAYOR STACK: -- just so the public could 20 also hear. 21 MR. FARMER: The next one is Plaza Espana 22 and it’s located at 2506 Bergenline Avenue. 23 That’s number 2 on your list. 24 This is a situation where police came on 25 the scene of a disturbance and one of the people  33 1 was very intoxicated. He was outside the place, 2 so that does present some proof problems. And 3 there were some paper violations. 4 I’ve spoken to Mr. Sarsano and we’ve agreed 5 upon a ten day suspension, which I think is a 6 healthy suspension and it will start this Sunday. 7 I will draft the Resolution and get it over 8 to Dominick and to Chief Molinari and to 9 Lieutenant Loaces. 10 MAYOR STACK: Okay. 11 Mr. Sarsano? 12 MR. SARSANO: That’s fine. It’s agreeable. 13 That’s what we agreed to. 14 MS. DILLON: Your appearance, Mr. Sarsano? 15 MAYOR STACK: Just your appearance on the 16 record. 17 MR. SARSANO: My name is Anthony Sarsano. 18 I represent the Plaza de Espana. 19 MAYOR STACK: Okay, good. 20 And you’re agreeing to a ten day 21 suspension? 22 MR. SARSANO: Um-hum. I am. 23 MAYOR STACK: Okay. Very good. 24 MR. SARSANO: Starting on Sunday. 25 MAYOR STACK: Thank you very much.  34 1 MR. SARSANO: Thank you. 2 MAYOR STACK: Thank you. 3 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 Commissioner Fernandez? 10 Absent. 11 Commissioner Rivas? 12 COMMISSIONER RIVAS: Here. 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 MR. FARMER: Okay. 21 Thank you. 22 (Whereupon, there was a pause in the 23 proceedings.) 24 25 * * *  35 1 WENDY C. DIAZ t/a TROPICAL BAR & RESTAURANT, 2 Located at 4100C Bergenline Avenue 3 Liquor License No. 0910-33-060-003 4 5 MR. FARMER: The last one is Tropical Bar 6 and Restaurant. Ms. Diaz, the licensee is here, 7 along with her attorney, -- 8 MAYOR STACK: How you doing, sir? 9 MR. FARMER: -- Mr. Crossin. 10 Mr. Crossin just got involved in the case. 11 Called me yesterday as a matter of fact; appeared 12 here tonight so that we could talk about it and 13 the police officer was here, so we all talked 14 about it. I think we need some more time. 15 So, I -- he needs some more time to talk to 16 some witnesses, so I’d like you to, if it would 17 be okay since it’s the first time on, to carry it 18 to September. 19 MAYOR STACK: Mr. Crossin? 20 MR. CROSSIN: That is my request -- 21 MS. DILLON: Your appearance please? 22 MAYOR STACK: If you could just enter your 23 appearance -- 24 MR. CROSSIN: Sorry. 25 MAYOR STACK: -- for the record.  36 1 MR. CROSSIN: I’m terribly sorry. 2 Altamura and Crossin, Union City, by 3 Richard Crossin, for Tropical. 4 Yeah, I -- Mr. Farmer was good enough to 5 introduce me to the police officer and it appears 6 that there might have been an earlier altercation 7 I was not aware of. 8 MAYOR STACK: Okay. 9 MR. CROSSIN: I’d like to locate witnesses 10 to that and see if we can’t arrive at some 11 resolution the next time around. 12 MAYOR STACK: Okay, great. 13 We’ll put it on for two weeks then? 14 MR. FARMER: Yes. 15 MAYOR STACK: Great. 16 Thank you very much. 17 MR. CROSSIN: Thank you. 18 MAYOR STACK: Thank you. 19 Thank you. 20 ACTING CITY CLERK: Anything else, Mr. -- 21 MR. FARMER: No, that’s it. 22 23 * * * 24 25 ADJOURNMENT:  37 1 2 ACTING CITY CLERK: Mayor, there are no 3 other -- no further item on the agenda. 4 Is there a motion to adjourn? 5 MAYOR STACK: Motion. 6 ACTING CITY CLERK: Motion by Mayor Stack. 7 COMMISSIONER RIVAS: Second. 8 ACTING CITY CLERK: Second by Commissioner 9 Rivas. 10 All in favor? 11 12 (Whereupon, there was a chorus of ayes.) 13 14 (Whereupon, the proceedings were concluded 15 at 7:18 p.m.) 16 17 18 19 20 21 22 23 24 25  38 1 ________________________ Brian P. Stack 2 ________________________ Maryury A. Martinetti 3 ________________________ Celin J. Valdivia 4 ________________________ Tilo E. Rivas 5 Board of Commissioners 6 7 Attest: 8 Dominick Cantatore, 9 Acting City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  39 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, August 18, 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