Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Jefferson Elementary School 3400 Palisade Avenue Union City, New Jersey Tuesday, January 5, 2016 Commencing at 7:00 p.m. M E M B E R S P R E S E N T: MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER TILO E. RIVAS, COMMISSIONER BRIAN P. STACK, MAYOR 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 SALUTE TO FLAG 3 ROLL CALL 4 APPROVAL OF PREVIOUS MEETING MINUTES 4,42 ORDINANCES FOR HEARING AND ADOPTION 5,8 CONSENT AGENDA 10 REGULAR AGENDA 18,19 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 21 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 30 Wendy C. Diaz t/a Tropical Bar & Restaurant 31 Pupusa No. 2 Inc. t/a Pupusa Loca 36 El Munequito Corp. t/a El Miguelino 39 ADJOURNMENT 43  3 1 MS. DILLON: Okay. 2 On the record. 3 ACTING CITY CLERK: This is a Regular 4 Public Meeting of the Union City Board of 5 Commissioner, being held on Tuesday, January 5th, 6 2016, at seven p.m., at the Jefferson Elementary 7 School, 3400 Palisade Avenue, Union City, New 8 Jersey. 9 Everyone please rise for the Pledge of 10 Allegiance. 11 12 (Whereupon the Pledge of Allegiance was 13 said.) 14 15 ACTING CITY CLERK: This meeting has been 16 called in accordance with Chapter 231, Public Law 17 of 1975, the Open Public Meeting Act. 18 Adequate notice of this meeting has been 19 provided as follows: 20 Notice of this meeting setting forth the 21 time, date, location, and the agenda, to the 22 extent known, was forwarded to The Jersey 23 Journal, The Record, The Hudson Reporter, has 24 been posted on the bulletin board in City Hall 25 and has been made available to the public in the  4 1 office of the Municipal Clerk. 2 3 ROLL CALL: 4 5 ACTING CITY CLERK: Roll call. 6 Commissioner Fernandez? 7 Is absent. 8 Commissioner Rivas? 9 COMMISSIONER RIVAS: Here. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Here. 12 ACTING CITY CLERK: Commissioner 13 Martinetti? 14 COMMISSIONER MARTINETTI: Here. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Here. 17 18 APPROVAL OF PREVIOUS MEETING MINUTES FROM 19 NOVEMBER 17, DECEMBER 1, AND DECEMBER 15, 2015: 20 21 ACTING CITY CLERK: First item is Approval 22 of Previous Meeting Minutes of November 17, 23 December 1st, and December 15, 2015, to be 24 approved and recorded. 25 COMMISSIONER VALDIVIA: Move it.  5 1 ACTING CITY CLERK: Motion -- 2 MAYOR STACK: Second. 3 ACTING CITY CLERK: -- by Commissioner 4 Valdivia. 5 Second by Mayor Stack. 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 19 ORDINANCES FOR HEARING AND ADOPTION 20 CONSIDERATION: 21 22 ( ) AN ORDINANCE AMENDING CHAPTER 223 “LAND 23 DEVELOPMENT” AS TO THE DEFINITION OF “STORY, 24 HALF” 25  6 1 ACTING CITY CLERK: Next item is an 2 Ordinance for Hearing and Adoption Consideration. 3 This Ordinance Amending Chapter 223 Land 4 Development as to the Definition of Story, Half. 5 MAYOR STACK: Anyone wishing to comment on 6 this Ordinance at this time, please step forward, 7 state your name and address for the record. 8 Seeing none. 9 ACTING CITY CLERK: Is there motion -- 10 COMMISSIONER RIVAS: Motion to close. 11 ACTING CITY CLERK: -- to close the public 12 hearing? 13 COMMISSIONER RIVAS: Motion. 14 ACTING CITY CLERK: Motion by Commissioner 15 Rivas. 16 COMMISSIONER VALDIVIA: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Valdivia. 19 Roll call. 20 Commissioner Fernandez? 21 Absent. 22 Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  7 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 Recusing. 4 Mayor Stack? 5 MAYOR STACK: Yes. 6 ACTING CITY CLERK: Is there a motion to 7 adopt? 8 COMMISSIONER VALDIVIA: Motion. 9 COMMISSIONER RIVAS: Second. 10 ACTING CITY CLERK: Motion by Commissioner 11 Valdivia. 12 Second by Commissioner Rivas. 13 Roll call. 14 Commissioner Fernandez? 15 Absent. 16 Commissioner Rivas? 17 COMMISSIONER RIVAS: Yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 Recusing. 23 Mayor Stack? 24 MAYOR STACK: Yes. 25  8 1 ORDINANCES FOR HEARING AND ADOPTION 2 CONSIDERATION: 3 4 ( ) ORDINANCE AMENDING CHAPTER 334 “RENT 5 STABILIZATION” 6 7 ACTING CITY CLERK: Next Ordinance Amending 8 Chapter 334 Rent Stabilization. 9 MS. NOVA: This Ordinance has to do with 10 the Rent Stabilization Ordinance. And what it’s 11 doing is changing the -- it’s -- it’s taking out 12 a loophole that allowed for use and occupancy 13 agreements. 14 Right now what we’re going to do is, with 15 this Ordinance, is basically you’re going to have 16 the -- all dwelling units that -- under the 17 Ordinance are going to be covered. 18 MAYOR STACK: This would tighten up the 19 Ordinance so that larger landlords -- especially 20 the larger landlords in the City, wouldn’t be 21 able to circumvent the Municipal Rent Control 22 Ordinance by having tenants who are desperate to 23 find housing sign a use and occupancy agreement. 24 They would have to rent it to them for the Rent 25 Control rent on the unit and not use these use  9 1 and occupancy agreements to circumvent the local 2 Rent Control. 3 Anyone wishing to comment at this time, 4 please step forward. 5 Seeing none. 6 ACTING CITY CLERK: Is there a motion to 7 close? 8 MAYOR STACK: Motion. 9 ACTING CITY CLERK: Motion -- 10 COMMISSIONER RIVAS: Second. 11 ACTING CITY CLERK: -- by Mayor Stack. 12 Second by Commissioner Rivas. 13 Roll call. 14 Commissioner Fernandez? 15 Absent. 16 Commissioner Rivas? 17 COMMISSIONER RIVAS: Yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25 ACTING CITY CLERK: Is there a motion to  10 1 adopt? 2 COMMISSIONER MARTINETTI: Motion. 3 ACTING CITY CLERK: Motion by Commissioner 4 Martinetti. 5 COMMISSIONER VALDIVIA: Second. 6 ACTING CITY CLERK: Second by Commissioner 7 Valdivia. 8 Roll call. 9 Commissioner Fernandez? 10 Absent. 11 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 CONSENT AGENDA: 22 23 ( 1) Resolution Approving the Payment of Claims 24 ( 2) Resolution Approving the Payment of 25 Concurring Claims  11 1 ( 3) Resolution Approving the City Payroll for 2 the Period of December 12, 2015 through December 3 25, 2015 4 ( 4) Resolution Approving the Library Payroll 5 for the Period of December 12, 2015 through 6 December 25, 2015 7 ( 5) Resolution Approving Shared Services 8 Agreement with the Union City Housing Authority 9 for the Purchase of a Vehicle for the Housing 10 Authority 11 ( 6) Resolution Approving Contract with Garden 12 State Highway for Purchase of Solar Blinking Stop 13 Signs 14 ( 7) Resolution Approving Amendment to the 15 Shared Services agreement for the Lease of the 16 Rear Portion of 2214 Kennedy Boulevard 17 ( 8) Resolution in Support of New Jersey 18 Assembly Bill No. 3765 Proposing to Establish 19 Identification Insurance and Safety Requirements 20 for Companies that Use Digital Networks or 21 Software Application to Match Passengers with 22 Drivers 23 ( 9) Resolution Authorizing the Tax Collector to 24 Prepare, Complete and Mail Estimated Tax Bills in 25 Accordance with the Procedures Set Forth in  12 1 N.J.S.A. 54:4-66.2 and Authorizing an Estimated 2 Annual Tax Levy 3 (10) Resolution Authorizing the Person to Person 4 and Place to Place Transfer of Pocket License No. 5 0910-43-131-002 from Armando Diaz to La Placita 6 Supermarket, Inc., Located at 148-152 48th Street 7 (11) Resolution Retiring License Number 0910-33- 8 108-004 Held by Dolores Castro 9 (12) Resolution Authorizing the Refund of 10 Redemption Monies to Outside Lienholders 11 (13) Resolution Authorizing the Refund of 12 Premium Monies Collected at the Tax Sale 13 (14) Resolution Authorizing the Refund of a 14 Duplicate Payment Made on Block 253, Lot 17 C009B 15 Also Known As 4301 Park Avenue 16 (15) Any other matter of City business that may 17 arise 18 19 ACTING CITY CLERK: Next item is a Consent 20 Agenda. 21 First item is Resolution Approving the 22 Payments of Claims. 23 Item 2 is Resolution Approving the Payments 24 of Concurring Claims. 25 Item 3.  13 1 Resolution Approving the City Payroll for 2 the Period of December 12, 2015 through December 3 25th, 2015. 4 Item 4. 5 Resolution Approving the Library Payroll 6 for the Period of December 12, 2015 through 7 December 25th, 2015. 8 Item 5. 9 Resolution Approving Shared Service 10 Agreement with the Union City Housing Authority 11 for the Purchase of a Vehicle for the Housing 12 Authority. 13 Item 6. 14 Resolution Approving Contract with Garden 15 State Highway for Purchase of Solar -- Solar 16 Blinking Stop Signs. 17 We’re going to table item 7. 18 Item 8 is Resolution in Support of New 19 Jersey Assembly Bill Number 3765 Proposing to 20 Establish Identification Insurance and Safety 21 Requirements for Companies that Use Digital 22 Networks or Software Application to -- to Match 23 Passengers with Drivers. 24 Item 9. 25 Resolution Authorizing the Tax Collector to  14 1 Prepare, Complete and Mail Estimate Tax Bill in 2 Accordance with the Procedures Set Forth in 3 N.J.S.A. 54:4-66.2 and Authorizing an Estimate 4 Annual Tax Levy. 5 Item 10. 6 Resolution Authorizing the Person to Person 7 and Place to Place Transfer of Pocket License 8 Number 0910-43-131-002 from Armando Diaz to La 9 Placita Supermarket, Inc., Located at 148-152 48th 10 Street. 11 Item 11. 12 Resolution Retiring License Number 0910-33- 13 108-004 Held by Dolores Castro. 14 Item 12. 15 Resolution Authorizing the Refund of 16 Redemption Monies to Outside Lienholders. 17 Item 13. 18 Resolution Authorizing the Refund of 19 Premium Monies Collected at Tax Sale. 20 Item 14. 21 Resolution Authorizing the Refund of a 22 Duplicate Payment Made on Block 253, Lot 17 C009B 23 Also Known As 4301 Park Avenue. 24 Mayor, do you wish to take comment on any 25 item on the Consent Agenda at this time?  15 1 MAYOR STACK: Sure. 2 Just before we do, on the -- the purchase 3 of the solar signs for the blinking stop signs, 4 it’s added another safety feature in the City 5 where we’ve tried to make the City as safe as 6 possible, not only for motorists, but more 7 importantly, for pedestrians. This is added to 8 that. 9 On item number 11, retiring another liquor 10 license in the City is truly another major 11 victory for the people of the City. This 12 establishment was a problem establishment. 13 I give much credit to the Police 14 Department; Lieutenant Loaces who is here 15 tonight, Sergeant Dunlay, and the entire 16 Detective Bureau for their work in acquiring so 17 many of these licenses in the City. Taking these 18 bad bars our of community where there’s -- not in 19 this case, I can’t say in this case, but drug 20 dealing, prostitution, unruly behavior. 21 Something we don’t want to tolerate in Union 22 City, so good job to everybody involved in this. 23 Thank you to the Commissioners for sharing 24 in the vision to really clean up the quality of 25 life.  16 1 Anyone wishing to comment on the Consent 2 Agenda, please step forward, state your name and 3 address for the record. 4 Seeing none. 5 ACTING CITY CLERK: Is there a motion to 6 close public comment? 7 MAYOR STACK: Motion. 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 ACTING CITY CLERK: Is there a motion to 25 approve all items on the Consent Agenda?  17 1 COMMISSIONER VALDIVIA: Motion. 2 ACTING CITY CLERK: Motion by Commissioner 3 Valdivia. 4 COMMISSIONER RIVAS: Second. 5 ACTING CITY CLERK: Second by Commissioner 6 Rivas. 7 Roll call. 8 Commissioner Fernandez? 9 Absent. 10 Commissioner Rivas? 11 COMMISSIONER RIVAS: Yes. 12 ACTING CITY CLERK: Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Yes. 14 ACTING CITY CLERK: Commissioner 15 Martinetti? 16 COMMISSIONER MARTINETTI: I’m recusing from 17 items 5, 10 and 11. 18 Aye on the rest. 19 ACTING CITY CLERK: Item 5, -- 20 COMMISSIONER MARTINETTI: Ten. 21 ACTING CITY CLERK: -- 10, 11. 22 COMMISSIONER MARTINETTI: And 11. 23 ACTING CITY CLERK: Recusing (sic) on the 24 rest. 25 Mayor Stack?  18 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 1. Resolution Authorizing the Payment of Claim 6 to the Union City Day Care Program 7 8 ACTING CITY CLERK: Next item is the 9 Regular Agenda. 10 First item is Resolution Authorizing the 11 Payment of Claim to Union City Day Care Program. 12 Is there a motion to approve item 1 on the 13 Regular Agenda? 14 COMMISSIONER MARTINETTI: Motion. 15 ACTING CITY CLERK: Motion by Commissioner 16 Martinetti. 17 COMMISSIONER VALDIVIA: Second. 18 ACTING CITY CLERK: Second by Commissioner 19 Valdivia. 20 Roll call. 21 Commissioner Fernandez? 22 Absent. 23 Commissioner Rivas? 24 COMMISSIONER RIVAS: Yes. 25 ACTING CITY CLERK: Commissioner Valdivia?  19 1 COMMISSIONER VALDIVIA: Yes. 2 ACTING CITY CLERK: Commissioner 3 Martinetti? 4 COMMISSIONER MARTINETTI: Yes. 5 ACTING CITY CLERK: Mayor Stack? 6 Recusing. 7 8 REGULAR AGENDA: 9 10 2. Resolution Authorizing the Payment of Claim 11 to the Hudson County Improvement Authority 12 13 ACTING CITY CLERK: Item 2. 14 Resolution Authorizing the Payment of Claim 15 to the Hudson County Improvement Authority. 16 MAYOR STACK: Move it. 17 ACTING CITY CLERK: Motion by Mayor Stack. 18 COMMISSIONER VALDIVIA: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Valdivia. 21 Roll call. 22 Commissioner Fernandez? 23 Absent. 24 Commissioner Rivas? 25 Recusing.  20 1 Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: I’m recusing? 6 ACTING CITY CLERK: No. 7 COMMISSIONER MARTINETTI: No? Not Housing 8 Authority? 9 MAYOR STACK: Item of necessity. 10 MS. NOVA: No. 11 ACTING CITY CLERK: Hudson County 12 Improvement. 13 COMMISSIONER MARTINETTI: Oh. I’m sorry. 14 MS. NOVA: No, Hudson County, you’re good. 15 COMMISSIONER MARTINETTI: Okay. 16 ACTING CITY CLERK: This is Hudson County. 17 COMMISSIONER MARTINETTI: Right. Thank 18 you. 19 ACTING CITY CLERK: Yes. 20 MS. DILLON: Can I have your vote? 21 COMMISSIONER MARTINETTI: And I’m voting 22 yes. 23 MS. DILLON: Thank you. 24 ACTING CITY CLERK: Martinetti; yes. 25 Mayor Stack?  21 1 MAYOR STACK: Yes. 2 3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 4 5 ACTING CITY CLERK: Mayor, do you wish to 6 take comment -- public comment on any item on the 7 agenda at this time? 8 MAYOR STACK: Sure. 9 Just first I’d like to thank the 10 Commissioners for moving the meetings around the 11 City and making all the meetings in the evening 12 hours for the residents. The residents in this 13 area were contacted about this meeting tonight; 14 everyone from 30th Street to 41st Street, from 15 Park Avenue over to Bergen Turnpike was 16 contacted. I’d like to thank those residents who 17 are here this evening. 18 Anyone wishing to comment at this time on 19 any matter concerning municipal government in the 20 City of Union City, please rise and state your 21 name and your address. 22 Sure. Please. 23 MR. SPARKMAN: John Sparkman, 1620 24 Manhattan Avenue. 25 MS. DILLON: Spell your last name for me.  22 1 MR. SPARKMAN: S-P-A-R-K-M-A-N. 2 MS. DILLON: Thank you. 3 MR. SPARKMAN: You’ll all be thrilled to 4 know I brought you a huge stack of papers. We’re 5 counting on the -- 6 I want to say, first, Happy New Year to 7 everyone. 8 MAYOR STACK: Happy New Year. 9 MR. SPARKMAN: I’m -- I’m here this evening 10 to relay information that’s gleaned from public 11 records about the contiguous properties along 12 Manhattan Avenue and Mountain Road that was 13 recently declared by this body a non-condemnation 14 redevelopment zone. 15 There are certain events that have 16 transpired over the last seven or eight months 17 which will affect and sever any relationship 18 and/or lines of communication that Union City has 19 with the owner of those properties, which is Sky 20 Pointe, LLC. 21 I just want to make sure that everyone’s 22 aware of it. 23 The Sky Pointe operating agreement -- just 24 a tiny bit of background; it’s a two member LLC. 25 It’s owned by Highland Union City, LLC, and a  23 1 Union City resident, James McMillan. 2 On April 24th attorneys for Highland Union 3 City, LLC, sent Mr. McMillan a letter and it was 4 the result of a lawsuit against Mr. McMillan; 5 Sylvia Cotterill v. McMillan. 6 And the letter from Highland Union City’s 7 attorneys to Mr. McMillan -- I’ll just excerpt it 8 shortly. 9 It says through the court proceedings, 10 Sylvia Cotterill versus James McMillan and 11 Strategic Capital Partners. Highland was shocked 12 to discover that you have materially breached 13 your obligations owed to Sky Pointe and to 14 Highland through your acts of fraud, 15 misrepresentation and other improper, unlawful 16 or/and illegal conduct. Your misconduct 17 constitutes cause and thus triggers the buy/sell 18 provision set forth in Section 10-6 of the 19 operating agreement. 20 So they’re attempting to dissolve this 21 company altogether. 22 It goes on to say, you are hereby 23 prohibited from taking any action on behalf of 24 Sky Pointe. You are barred from any of Sky 25 Pointe’s offices, and you are to cease and desist  24 1 any communications, actions, involvement in any 2 and all Sky Pointe business. Your refusal to 3 abide by -- 4 Is that the time limit? 5 MS. NOVA: No. 6 MAYOR STACK: No. No. 7 MR. SPARKMAN: Oh, okay. 8 MAYOR STACK: That was -- 9 MR. SPARKMAN: I’m sorry. 10 MAYOR STACK: -- my cell phone. I’m sorry. 11 MR. SPARKMAN: I’m sorry. 12 Your refusal to abide by these prohibitions 13 or your interference in any Sky Pointe business 14 or projects will be met with all appropriate 15 legal action, which will be undertaken swiftly. 16 Then the letter was followed by a formal 17 complaint, which was filed June 25th, 2015. And 18 the complaint pretty much said the same thing as 19 the letter. I’ll read one paragraph. 20 Highland discovered -- 21 This is from the -- the complaint. 22 Highland discovered that Mr. McMillan 23 engaged in a pattern of fraud, self-dealing, in 24 bad faith that warrants his removal as co- 25 managing member and triggers the buy/sell  25 1 provisions of Sky Pointe’s amended and restated 2 LLC operating agreement dated August 3 rd, 2007. 3 They then go on in the complaint to invoke 4 the buy/sell formula and believe it or not they 5 offer to buy his shares for $40.00; four zero. 6 I was going to read from the Cotterill 7 complaint that started all this but I won’t. I 8 brought it with me. I brought the -- the LLC 9 agreement and the complaint. 10 Basically, Ms. Cotterill sued Mr. McMillan 11 saying that he defrauded her out of 1.7 million 12 dollars. It -- and it resulted in her winning a 13 charging order against his assets. That’s how 14 this started. 15 I’m bringing you this information because, 16 well, I live over there. When it comes to 17 something as -- a real estate project as 18 important or as big, as consequential to Union 19 City as any proposed redevelopment project would 20 be, you can’t have too much information about who 21 you’re -- you’re dealing with and who’s sitting 22 across the table. 23 There is -- obviously there’s turmoil and 24 chaos behind the Sky Pointe façade and I knew 25 that you are representatives and stewards of the  26 1 town would want to know about it. 2 And that’s it. 3 MAYOR STACK: I appreciate that. 4 Thank you very much. 5 MR. SPARKMAN: Thank you. 6 MAYOR STACK: If you could give us the 7 copies, -- 8 MR. SPARKMAN: I will. 9 MS. NOVA: Yes. 10 MAYOR STACK: -- we definitely will. 11 MS. SPARKMAN: I will. 12 MAYOR STACK: And the attorney will also 13 take a copy. 14 MS. NOVA: Yes. Please. 15 Thank you very much. 16 MAYOR STACK: I appreciate that. 17 Thank you very much. 18 MR. SPARKMAN: Thank you. 19 MAYOR STACK: Thank you. 20 COMMISSIONER VALDIVIA: Thank you. 21 COMMISSIONER MARTINETTI: Thank you. 22 MR. SPARKMAN: Thank you again. 23 MAYOR STACK: Thank you very much. 24 Make sure you give a copy to the 25 Redevelopment Board, to everybody, Pat McNamara  27 1 and everybody. 2 MS. NOVA: Yes. Definitely. 3 MAYOR STACK: Thank you very much. 4 Sure. 5 Anyone else wishing to -- 6 MR. PRICE: Larry Price, 1006 Palisade 7 Avenue. 8 Just as a follow-up to that, the Sky 9 Pointe, although it’s an LLC, was really a 10 partnership between Alan Landis who was a big 11 time money operator, owner of the -- one of the 12 owner of the Minnesota Vikings and Jim McMillan. 13 And as Mr. Sparkman points out in this 14 complaint, the complaint of Highland, which is 15 Landis’ company, against McMillan, you know, 16 speaks of fraud, self-dealing, bad faith and 17 misconduct. 18 I think the partnership has ended. Now the 19 problem is it leaves Union City kind of caught in 20 there because, you know, McMillan was the inside 21 man, Landis was the money guy, and they were 22 going to build a lot of apartments over there. 23 And I -- they might get back together; stranger 24 things have happened. But it -- from the looks 25 of this complaint it’s kind of unlikely.  28 1 One of the questions -- I don’t have the 2 answer but one of the real questions is, well, 3 what does Mr. Landis do. And he might continue 4 but he more likely just exits and sells for what 5 he can. 6 Well, meanwhile Union City has already 7 adopted a resolution which says that this area, 8 which they own, is an area in need of 9 redevelopment and the follow on step would, of 10 course, to be -- to adopt a redevelopment plan to 11 allow development over there. 12 I’m not sure that second step would be 13 altogether wise. I mean all it does is, you 14 know, accommodate Mr. Landis in his exit from the 15 -- whatever. And my feeling is what has Sky 16 Pointe ever done for Union City. 17 They took one of the nicest areas of Union 18 City and trashed it. I mean basically those were 19 the nicest homes in Union City -- great views, 20 whatever, and now they have to have a chain link 21 fence around them because they’re so bad. 22 So I don’t see that, you know, there’s any 23 need for Union City to accommodate, you know, Sky 24 Pointe. So, -- 25 It’s -- it’s a mess and unfortunately what  29 1 this probably means is the unsightly situation 2 that we have there now will continue, but 3 whatever. We don’t have to be accommodating for 4 people who’ve done this to the City I think. 5 Thank you. 6 MAYOR STACK: Thank you very much. Thank 7 you. 8 Thank you for bringing it to our attention. 9 Anyone else wishing to comment at this 10 time, please step forward. 11 Seeing no other. 12 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  30 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Wendy C. Diaz t/a Tropical Bar & 4 Restaurant, 4100C Bergenline Avenue, Liquor 5 License No. 0910-33-060-003 6 2. Pupusa No. 2 Inc. t/a Pupusa Loca, 4709 7 Bergenline Avenue, Liquor License No. 8 0910-33-174-007 9 10 MAYOR STACK: The portion of the meeting 11 we’ll go into now is Liquor License Disciplinary 12 Hearings. 13 Mr. Farmer? 14 MR. FARMER: Yes. 15 Good evening, members of the Board. We 16 have two licenses for disciplinary action on the 17 agenda. 18 19 * * * 20 21 22 23 24 25  31 1 WENDY C. DIAZ, t/a TROPICAL BAR & RESTAURANT, 2 4100C Bergenline Avenue 3 Liquor License No. 0910-33-060-003 4 5 MR. FARMER: The first one is Tropical Bar 6 at 4100C Bergenline Avenue. And the licensee -- 7 the representative of the licensee is here, as 8 well as Detective Dunlay. 9 And as I may have mentioned at the last 10 meeting, the Police, especially Detective Dunlay, 11 is taking a more active role with respect to 12 setting the discipline with respect to the bars 13 because, basically, they have to enforce that and 14 they want to -- to be able to evaluate incidences 15 and assess the appropriate penalty. 16 With respect to this particular bar they 17 had a violation of some paper, as well as a 18 little bit of a fight. When the Police got there 19 the perpetrator was gone. 20 The person really didn’t suffer much of a 21 -- an injury. Apparently he at one time was 22 there, left, came back; a whole conglomeration of 23 stuff. 24 But after all is said and done we’ve 25 entered into a -- an agreement that there would  32 1 be a seven day suspension. 2 All right? 3 It’s going to be starting February 15th. 4 Okay? 5 Is that -- 6 MAYOR STACK: Is the -- 7 MR. FARMER: Did I -- 8 MAYOR STACK: Is the -- 9 MR. FARMER: -- recite that correctly? 10 MS. MATA: Yes. 11 MR. FARMER: All right, would you put your 12 name on the -- 13 MS. DILLON: Come forward. 14 What is your name? 15 MS. MATA: Johany Mata. 16 MS. DILLON: Spell your name for me. 17 MS. MATA: J-O-H-A-N-Y. Last name is M-A- 18 T-A. 19 MS. DILLON: M-A-T-A? 20 MS. MATA: M-A-T-A, yes. 21 MS. DILLON: Thank you. 22 MR. FARMER: And you’re representing the 23 licensee? 24 MS. MATA: Tropical -- yes. 25 MR. FARMER: Okay.  33 1 MAYOR STACK: Ms. Mata, do you wish to have 2 an attorney now with you or -- 3 MS. MATA: No, I feel that this -- 4 MAYOR STACK: And you understand -- 5 MS. DILLON: Just come forward. 6 MR. FARMER: You have to talk -- 7 MS. DILLON: You’re being recorded, so -- 8 MS. MATA: Oh. 9 No the decision that Mr. Farmer -- it -- it 10 was good. 11 MAYOR STACK: And you understand that 12 there’ll be a suspension on the license? 13 MS. MATA: Yes. We understand that. 14 MAYOR STACK: Okay. 15 And your role with the establishment? 16 What is your role with the establishment? 17 MS. MATA: Oh, I’m -- I’m the daughter-in- 18 law. 19 MAYOR STACK: I see. 20 MS. MATA: Um-hum. 21 MAYOR STACK: Okay. 22 Okay. Mr. Farmer, you said it would be -- 23 MR. FARMER: February 15th. 24 MAYOR STACK: And it would be how many 25 days?  34 1 MR. FARMER: Seven. 2 MAYOR STACK: Seven day suspension. 3 Okay. 4 I’ll make a motion. 5 ACTING CITY CLERK: Motion by Mayor Stack. 6 COMMISSIONER RIVAS: Second. 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Second by Commissioner 9 Rivas. 10 Roll call. 11 Commissioner Fernandez? 12 Is absent. 13 Commissioner Rivas? 14 COMMISSIONER RIVAS: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: Yes. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 MR. FARMER: Okay. 23 You can go. 24 MS. MATA: Thank you, Mr. Farmer. 25 MAYOR STACK: Thank you very much.  35 1 MS. MATA: Thank you. 2 MAYOR STACK: Thank you. 3 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  36 1 PUPUSA NO. 2 INC. t/a PUPUSA LOCA 4709 Bergenline 2 Avenue 3 Liquor License No. 0910-33-174-007 4 5 MR. FARMER: The next one is Pupusa Loca. 6 Detective Dunlay and I have had discussions 7 with the licensee and we’ve reached an agreement 8 as far as a suspension. It’s going to be a 9 substantial suspension of 30 days. 10 But we’re -- the licensee also, in addition 11 to agreeing to the 30 days, -- the Police have 12 thought that they’ve had a problem with underage 13 drinking with respect to checking the proof of 14 people coming in. Detective Dunlay expressed 15 that to the licensee and requested that the 16 licensee come with a plan as to how he was going 17 to combat people coming in. 18 Because in this particular episode what 19 happened was somebody was stopped -- a 19 year 20 old was stopped and charged with driving while 21 under the influence. In questioning the -- I was 22 questioning that defendant, I asked the obvious 23 question, where were you drinking. And the 24 answer was Pupusa Loca. 25 I must say and commend the Police  37 1 Department; they went there. The licensee has 2 video. They looked at the video. They saw the 3 kid there. So that’s what -- so that’s how we 4 came -- 5 And, quite frankly, a 30 day suspension is 6 -- is probably a good result because generally 7 when you have these situations the kid or the 8 person who’s involved, if he’s a lay person, it’s 9 very difficult to get into these proceedings. 10 So, we’re going to -- with the court’s -- 11 with the Board’s permission, we’re going to put 12 it on for the next meeting and they’re going to 13 come and if -- going to talk to Detective Dunlay 14 and give him the details of what they’re going to 15 do as far as improving their security with 16 respect to checking proof. And if that’s okay 17 with Detective Dunlay that they’re proceeding 18 with a good plan, we’ll be back and we’ll have a 19 30 day suspension. 20 MAYOR STACK: Excellent. 21 And just another -- another comment I 22 wanted to make. 23 The Police Department, especially 24 specifically New Year’s Eve, did a great job. I 25 know there were many tavern checks and the  38 1 Detective Bureau did a great job; Lieutenant 2 Loaces, the entire Bureau. Sergeant Dunlay, you 3 guys did a great job again out there and I 4 appreciate that. 5 I know with the number of officers we had 6 on and just when you look at the year in review, 7 when I was looking at the numbers, thank God 8 we’re doing as -- as good as we are with our 9 crime numbers in the City. And I think 10 everything together, the Police Department, the 11 community working together, the Chief, everyone 12 -- the commanders, everybody working together and 13 the many community meetings we had in getting the 14 public more involved has truly made the 15 difference. Especially when you compare Union 16 City to many cities around us and throughout New 17 Jersey. It’s definitely working. 18 Thank you very much for your work, 19 Sergeant. 20 SERGEANT DUNLAY: Thank you, sir. 21 MR. FARMER: Yeah. 22 That’s it. 23 MAYOR STACK: Great. 24 Thank you. 25 * * *  39 1 EL MUNEQUITO CORP. T/A EL MIGUELINO 2 2013 Summit Avenue 3 Liquor License No. 0910-33-100-009 4 5 MAYOR STACK: El Miguelino, they’re still 6 closed. 7 Correct? 8 MR. FARMER: They’re open, aren’t they? 9 SERGEANT DUNLAY: They’re open, sir. They 10 have a -- 11 MAYOR STACK: A restaurant? 12 SERGEANT DUNLAY: No, they’re closed in the 13 sense that we’ve susp -- we revoked their license 14 but they’re still on an appeal from the previous 15 revocation. 16 So they’re still operating -- 17 MAYOR STACK: I see. 18 SERGEANT DUNLAY: -- under the State -- 19 MAYOR STACK: I see. 20 SERGEANT DUNLAY: -- the State’s permission 21 to stay open -- 22 MAYOR STACK: I see. 23 SERGEANT DUNLAY: -- until the hearing -- 24 until the actual hearing is complete. 25 MAYOR STACK: Do we have any idea, Greg,  40 1 when that will be coming back? 2 MR. FARMER: I -- I would -- I think it’s 3 in its final stages. 4 Mr. Sapienza’s handling that but -- 5 MAYOR STACK: Okay. 6 MR. FARMER: -- it’s in the final stages of 7 the -- of the appeal. 8 With respect to the decision of the Board 9 at the last meeting revoking the license, 10 generally that has -- not generally. What it has 11 to do is we have to pass a resolution at the next 12 meeting. 13 I’ve spoken to Ms. Nova. She’s preparing 14 the resolution. We’re going to have that and 15 we’re going to move that along that way. 16 MAYOR STACK: Great. 17 MR. FARMER: Okay? 18 MAYOR STACK: Thank you very much. 19 MR. FARMER: That’s it. 20 MAYOR STACK: Thank you. 21 Thank you very much. 22 MR. FARMER: Okay. 23 SERGEANT DUNLAY: Thank you, sir. 24 MAYOR STACK: Thank you. 25 Once again I’d like to thank everyone who  41 1 attended the meeting this evening. 2 Thank you, everyone. 3 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  42 1 APPROVAL OF PREVIOUS MEETING MINUTES FROM 2 NOVEMBER 17, DECEMBER 1, AND DECEMBER 15, 2015: 3 4 ACTING CITY CLERK: Mayor, before we 5 adjourn, I would like to point out one thing. 6 MAYOR STACK: Sure. 7 ACTING CITY CLERK: You voted yes on all 8 three previous meeting minutes; November 17, 9 December 1st, December 15. 10 You should recusing -- you’ll be recusing 11 from December 1st because you didn’t -- 12 MAYOR STACK: I apologize. 13 ACTING CITY CLERK: -- attend -- 14 MAYOR STACK: I was out with -- 15 ACTING CITY CLERK: -- you did not attend 16 the meeting. So, -- 17 MAYOR STACK: I was out with gallbladder 18 surgery. 19 ACTING CITY CLERK: -- I -- 20 MAYOR STACK: I think that was my second 21 meeting in 15 -- 22 ACTING CITY CLERK: Right. 23 MAYOR STACK: -- years I missed. 24 ACTING CITY CLERK: So, you’ll -- you’ll 25 vote yes on November 17, December 15; and  43 1 recusing from December 1st meeting. 2 MAYOR STACK: You got it. 3 Just set the record straight. Absolutely. 4 ACTING CITY CLERK: Yes. 5 MAYOR STACK: Thank you. 6 ACTING CITY CLERK: There’s -- 7 MAYOR STACK: I think I may have signed the 8 minutes, too. I think I may have -- 9 ACTING CITY CLERK: No, did not. 10 MAYOR STACK: I didn’t sign them? 11 ACTING CITY CLERK: You did not. 12 MAYOR STACK: Oh. 13 ACTING CITY CLERK: No, you did not. 14 MAYOR STACK: All right. 15 Very good. 16 17 ADJOURNMENT: 18 19 ACTING CITY CLERK: There are no other -- 20 no further items on the agenda. 21 Is there a motion to adjourn? 22 MAYOR STACK: Motion. 23 COMMISSIONER MARTINETTI: Second. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 Second by Commissioner Martinetti.  44 1 All in favor? 2 3 (Whereupon, there was a chorus of ayes.) 4 5 (Whereupon, the proceedings were concluded 6 at 7:24 p.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  45 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  46 1 STATE OF NEW JERSEY: 2 : 3 COUNTY OF ESSEX : 4 5 I, KAREN A. MARINO, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY BOARD OF COMMISSIONERS, 9 heard on Tuesday, January 5, 2016 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