Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Roosevelt School 4507 Hudson Avenue Union City, New Jersey Tuesday, January 19, 2016 Commencing at 7:00 p.m. M E M B E R S P R E S E N T: LUCIO P. FERNANDEZ, COMMISSIONER 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: 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 CONSENT AGENDA 4 ORDINANCES FOR INTRODUCTION 12,14, 15 REGULAR AGENDA 17 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 18 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 21 ADJOURNMENT 22  3 1 MS. DILLON: Okay. 2 ACTING CITY CLERK: This is a Regular 3 Public Meeting of the Union City Board of 4 Commissioner, being held on Tuesday, January 19, 5 2016, at seven p.m., at the Roosevelt School, 6 4507 Hudson Avenue, Union City, New Jersey. 7 Everyone please rise for the Pledge of 8 Allegiance. 9 10 (Whereupon the Pledge of Allegiance was 11 said.) 12 13 ACTING CITY CLERK: This meeting has been 14 called in accordance with Chapter 231, Public Law 15 of 1975, the Open Public Meeting Act. 16 Adequate notice of this meeting has been 17 provided as follows: 18 Notice of this meeting setting forth the 19 time, date, location, and the agenda, to the 20 extent known, was forwarded to The Jersey 21 Journal, The Record, Hudson Reporter, has been 22 posted on bulletin board in City Hall and has 23 been made available to the public in the office 24 of Municipal Clerk. 25  4 1 ROLL CALL: 2 3 ACTING CITY CLERK: Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Here. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Here. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Here. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Here. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 16 CONSENT AGENDA: 17 18 ( 1) Resolution Approving the Payment of Claims 19 ( 2) Resolution Approving the Payment of 20 Concurring Claims 21 ( 3) Resolution Approving the City Payroll for 22 the Period of December 26, 2015 through January 23 8, 2016 24 ( 4) Resolution Approving the Library Payroll 25 for the Period of December 26, 2015 through  5 1 January 8, 2016 2 ( 5) Resolution Approving Agreement with 3 Imagetrend Inc. for Electronic EMS Charting 4 System 5 ( 6) Resolution Approving Extension of Agreement 6 with Duncan Solutions Professional Management, 7 LLC for Municipal Court Debt Collection 8 ( 7) Resolution Authorizing Bids for the 9 Reconstruction of 11th Street from Bergenline to 10 Central Avenue 11 ( 8) Resolution Authorizing Bids for the 2016 12 Park Landscape Maintenance Project 13 ( 9) Resolution Authorizing Landscape 14 Maintenance Program for Washington, Ellsworth and 15 Police Parks 16 (10) Resolution Approving Disciplinary 17 Proceedings Against Tropical Bar & Restaurant t/a 18 Wendy C. Diaz, Located at 4100C Bergenline 19 Avenue, Liquor License No. 0910-33-060-003 20 (11) Resolution Approving Disciplinary 21 Proceedings Against El Munequito Corp. t/a El 22 Miguelino Bar, Located at 2103 Summit Avenue, 23 Liquor License No. 0910-33-100-009 24 (12) Amended Resolution Approving the 2015-2016 25 Renewal of Manhattan Bar & Grill Restaurant, Inc.  6 1 t/a Manhattan Bar & Grill, Located at 1711 2 Manhattan Avenue, Liquor License No. 3 0910-33-188-004 (Special Conditions) 4 (13) Resolution Designating Loading Zone at 2100 5 Kerrigan Avenue 6 (14) Resolution Authorizing the Appointment of 7 Susan Colditz as the Tax Searcher 8 (15) Resolution Discharging Lien Imposed on the 9 Property Known as 2505 Central Avenue for Tenant 10 Relocation Costs 11 (16) Resolution Authorizing the Refund of 12 Redemption Monies to Outside Lienholders 13 (17) Resolution Authorizing the Refund of 14 Premium Monies Collected at the Tax Sale 15 (18) Resolution Authorizing the Refund of a Tax 16 Appeal Issued by the Hudson County Board of 17 Taxation 18 (19) Resolution Authorizing the Refund of a 19 Duplicate Payment Made on Block 217 Lot 3 C0305 20 Also Known as 140 36 Street 21 (20) Any other matter of City business that may 22 arise 23 24 ACTING CITY CLERK: First item is the 25 Consent Agenda.  7 1 Item 1 is Resolution Approving the Payment 2 of Claims. 3 Item 2. 4 Resolution Approving the Payment of 5 Concurring Claims. 6 Item 3. 7 Resolution Approving the City Payroll for 8 the Period of December 26, 2015 through January 9 8, 2016. 10 Item 4. 11 Resolution Approving the Library Payroll 12 for the Period of December 26, 2015 through 13 January 8th, 2016. 14 Item 5. 15 Resolution Approving Agreement with 16 Imagetrend Inc. for Electronic EMS Charting 17 System. 18 Item 6. 19 Resolution Approving Extension of Agreement 20 with Duncan Solution Professional Management, LLC 21 for Municipal Court Debt Collection. 22 Item 7. 23 Resolution Authorizing Bids for the 24 Reconstruction of 11th Street from Bergenline 25 Avenue to Central Avenue.  8 1 Item 8. 2 Resolution Authorizing Bids for the 2016 3 Park Landscape Maintenance Project. 4 Item 9. 5 Resolution Authorizing Landscape 6 Maintenance Program for Washington, Ellsworth and 7 Police Parks. 8 Item 10. 9 Resolution Approving Disciplinary 10 Proceeding Against Tropical Bar and Restaurant, 11 also known as Wendy C. Diaz, Located at 4100C 12 Bergenline Avenue, Liquor License Number 13 0910-33-060-003. 14 Item 11. 15 Resolution Approving Disciplinary 16 Proceeding Against El Munequito Corp., also known 17 as El Miguelino Bar, Located at 2103 Summit 18 Avenue, Liquor License Number 0910-33-100-009. 19 Item 12, Resolution -- 20 I’m sorry. 21 Item 12. 22 Amended Resolution Approving the 2015-2016 23 Renewal of Manhattan Bar and Grill Restaurant, 24 Inc., also known as Manhattan Bar and Grill, 25 Located at 1711 Manhattan Avenue, Liquor License  9 1 Number 0910-33-188-004, with Special Conditions. 2 Item 13. 3 Resolution Designating Loading Zone at 2100 4 Kerrigan Avenue. 5 Item 14. 6 Resolution Authorizing the Appointment of 7 Susan Colditz as the Tax Searcher. 8 Item 15. 9 Resolution Discharging Lien Imposed on the 10 Property Known as 2505 Central Avenue for Tenant 11 Relocation Cost. 12 Item 16. 13 Resolution Authorizing the Refund of 14 Redemption Monies to Outside Lienholders. 15 Item 17. 16 Resolution Authorizing the Refund of 17 Premium Monies Collected at Tax Sale. 18 Item 18. 19 Resolution Authorizing the Refund of a Tax 20 Appeal Issued by the Hudson County Board of 21 Taxation. 22 Item 19. 23 Resolution Authorizing the Refund of a 24 Duplicate Payment Made on Block 217, Lot 13 (sic) 25 C0305 also known as 140 36th Street.  10 1 Mayor, there are no item on the Consent 2 Agenda. You should take public comment on any 3 item on the Consent Agenda at this time? 4 MAYOR STACK: Sure. 5 Anyone wishing to comment on the Consent 6 Agenda, please step forward, state your name and 7 address for the record. 8 Seeing none. 9 ACTING CITY CLERK: Is there a motion to 10 close the public comment? 11 MAYOR STACK: Motion. 12 COMMISSIONER VALDIVIA: Motion. 13 ACTING CITY CLERK: Motion by Mayor Stack. 14 Second by Commissioner Valdivia. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack?  11 1 MAYOR STACK: Yes. 2 ACTING CITY CLERK: Is there a motion to 3 approve all items on the Consent Agenda? 4 COMMISSIONER VALDIVIA: Motion. 5 COMMISSIONER RIVAS: Motion. 6 ACTING CITY CLERK: Motion by Commissioner 7 Valdivia. 8 COMMISSIONER RIVAS: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Rivas. 11 Roll call. 12 Commissioner Fernandez? 13 COMMISSIONER FERNANDEZ: Yes. 14 ACTING CITY CLERK: Commissioner Rivas? 15 COMMISSIONER RIVAS: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 COMMISSIONER VALDIVIA: Yes. 18 ACTING CITY CLERK: Commissioner 19 Martinetti? 20 COMMISSIONER MARTINETTI: I’m recusing from 21 items number 1, number 12, and 15. 22 Aye on the rest. 23 ACTING CITY CLERK: Recusing item 1, 12, 24 and 15. 25 Aye on the rest.  12 1 Mayor Stack? 2 MAYOR STACK: Yes. 3 4 ORDINANCE(S) FOR INTRODUCTION: 5 6 (1) AN ORDINANCE AMENDING CHAPTER 87 OF THE 7 CODE OF THE CITY OF UNION CITY REGULATING THE 8 PRESERVATION OF TREES 9 10 ACTING CITY CLERK: Next item is Ordinances 11 for Introduction. 12 These Ordinances will be further considered 13 at a meeting of the Board of Commission to be 14 held on February 2nd, 2016, at seven p.m. at the 15 Washington School, 3905 New York Avenue, Union 16 City, New Jersey. 17 First Ordinance Amending Chapter 87 of the 18 Code of the City of Union City Regulating the 19 Preservation of Trees. 20 Is there a motion to introduce? 21 MAYOR STACK: Krystle, you want to explain 22 that one? 23 MS. NOVA: Yes. 24 This Ordinance requires that people obtain 25 a permit to cut down a tree. And it also  13 1 requires replacement of the tree that is removed. 2 If there’s improper removal of a tree there 3 will be a fine of a thousand dollars. 4 MAYOR STACK: What we’re trying to do is 5 being that we’re planting so many trees in the 6 community, we want to preserve the trees that we 7 have. So we require anyone to contact the City, 8 obtain a permit to cut a tree down and, of 9 course, then replace that tree. 10 I’ll make the motion. 11 COMMISSIONER FERNANDEZ: Second. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER FERNANDEZ: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Fernandez. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: Yes. 19 ACTING CITY CLERK: Commissioner Rivas? 20 COMMISSIONER RIVAS: Yes. 21 ACTING CITY CLERK: Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes.  14 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 ORDINANCE(S) FOR INTRODUCTION: 5 6 (2) AN ORDINANCE AMENDING CHAPTER 366 OF THE 7 CODE OF THE CITY OF UNION CITY ENTITLED “STREETS 8 AND SIDEWALK” EXCAVATION 9 10 ACTING CITY CLERK: Next Ordinance Amending 11 Chapter 366 of the Code of the City of Union City 12 entitled Streets and Sidewalk Excavation. 13 MAYOR STACK: Krystle? 14 MS. NOVA: This -- this Ordinance will be 15 amending the current ordinance that has to do 16 with openings, cuts, and excavations of sidewalks 17 during -- it will -- prohibited during the winter 18 months, November through March, except in the 19 event of an emergency. 20 MAYOR STACK: Right. This would just stop 21 people from going forward cutting up their 22 sidewalk in the winter months, leaving it open 23 and exposed, and leaving the City in liability 24 and possibly causing a pedestrian to trip and 25 fall and hurt themselves.  15 1 Motion. 2 ACTING CITY CLERK: Motion Mayor Stack. 3 COMMISSIONER FERNANDEZ: Second. 4 COMMISSIONER MARTINETTI: Second. 5 ACTING CITY CLERK: Second by Commissioner 6 Fernandez. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Yes. 10 ACTING CITY CLERK: 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: Yes. 17 ACTING CITY CLERK: Mayor Stack? 18 MAYOR STACK: Yes. 19 20 ORDINANCE(S) FOR INTRODUCTION: 21 22 (3) AN ORDINANCE AMENDING CHAPTER 366 OF THE 23 CODE OF THE CITY OF UNION CITY ENTITLED “STREETS 24 AND SIDEWALK” UNDERGROUND TANKS 25  16 1 ACTING CITY CLERK: Next Ordinance Amending 2 Chapter 366 of the Code of the City of Union City 3 Entitled Streets and Sidewalk Underground Tanks. 4 MS. NOVA: This Ordinance will amend the 5 current ordinance regarding removal of 6 underground fuel tanks. 7 It will also prohibit this during the 8 winter months, November through March, unless in 9 need of an emergency. 10 ACTING CITY CLERK: Is there a motion? 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER FERNANDEZ: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Fernandez. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: Yes. 19 ACTING CITY CLERK: Commissioner Rivas? 20 COMMISSIONER RIVAS: Yes. 21 ACTING CITY CLERK: Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes.  17 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 REGULAR AGENDA: 5 6 1. Resolution Authorizing Payment to the 7 Hudson County Improvement Authority 8 9 ACTING CITY CLERK: Next item is the 10 Regular Agenda. 11 First item is a Resolution Authorizing 12 Payment to the Hudson County Improvement 13 Authority. 14 MAYOR STACK: Motion. 15 ACTING CITY CLERK: Motion by Mayor Stack. 16 COMMISSIONER VALDIVIA: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Valdivia. 19 Roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Rivas? 23 Recusing. 24 Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  18 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 Recusing. 4 Mayor Stack? 5 MAYOR STACK: Yes. 6 7 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 8 9 ACTING CITY CLERK: Mayor, there are no 10 other item on the Regular Agenda. 11 You wish to take public comment at this 12 time? 13 MAYOR STACK: Sure. 14 First I’d like to thank those members of 15 the public that are here this evening. 16 It’s the policy of the Commissioners and 17 myself -- and I thank the Commissioners for 18 moving a hundred percent of our meetings around 19 the City and which we do every two weeks; we keep 20 them in the evening hours, in addition to all the 21 other items of Mobile Mayor’s Office, the Police 22 Community Meetings, Fire Prevention Seminars. 23 Always try to make ourselves accessible to the 24 public. 25 Having said that, on behalf of the  19 1 Commissioners, we thank the public for coming 2 this evening. 3 Does anyone have any question or any issue 4 that they’d like to bring to the Board of 5 Commissioners’ attention at this time? 6 Seeing none. 7 ACTING CITY CLERK: Mr. Farmer? 8 MAYOR STACK: At this portion of the 9 meeting now we’ll go into liquor license 10 hearings. 11 This portion of the meeting, anyone who 12 would like to stay is welcome to stay for this 13 portion also. 14 MAYOR STACK: Mr. Farmer? 15 MR. FARMER: Yes. 16 Good evening -- 17 MAYOR STACK: We have to make a motion to 18 close the public comment period. 19 ACTING CITY CLERK: Motion to close the 20 public comment by Mayor Stack. 21 COMMISSIONER VALDIVIA: Motion. 22 ACTING CITY CLERK: Second by Commissioner 23 Valdivia. 24 Roll call. 25 Commissioner Fernandez?  20 1 COMMISSIONER FERNANDEZ: Yes. 2 ACTING CITY CLERK: Commissioner Rivas? 3 COMMISSIONER RIVAS: Yes. 4 ACTING CITY CLERK: Commissioner Valdivia? 5 COMMISSIONER VALDIVIA: Yes. 6 ACTING CITY CLERK: Commissioner 7 Martinetti? 8 COMMISSIONER MARTINETTI: Yes. 9 ACTING CITY CLERK: Mayor Stack? 10 MAYOR STACK: Yes. 11 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  21 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Pupusa No. 2 Inc. t/a Pupusa Loca, 4709 4 Bergenline Avenue, Liquor License No. 5 0910-33-174-007 6 2. Manhattan Bar & Grill Restaurant, t/a 7 Manhattan Bar & Grill, 1711 Manhattan Avenue, 8 Liquor License No. 0910-33-188-004 9 3. Jor Per Corp. t/a Cucalambre (sic), 4418 10 Bergenline Avenue, Liquor License No. 11 0910-33-110-010 12 13 MR. FARMER: Good evening. 14 With respect to the liquor license -- 15 MS. DILLON: Just keep your voice up, -- 16 MR. FARMER: -- proceedings -- 17 MS. DILLON: -- Mr. Farmer. 18 MR. FARMER: Yes. 19 With respect to the liquor license 20 proceedings, there are three on your calendar. 21 Detective Dunlay and I have been in 22 negotiations with the licensees and we are 23 confident that on the next meeting, which is 24 February 2nd, we’ll have those resolved. 25 I just would like to point out that all  22 1 three of them are offenses that occurred in 2 January. 3 MAYOR STACK: I see. 4 MR. FARMER: So, we’re current -- on top of 5 it. 6 MAYOR STACK: Okay. 7 MR. FARMER: So, I’d ask you just to carry 8 it. 9 These three and one more are all the 10 disciplinary hearings that we have at this level. 11 But, still, three weeks away, who knows what can 12 happen during that time. 13 MAYOR STACK: Okay. 14 Thank you very much. Thank you, Mr. 15 Farmer. 16 ACTING CITY CLERK: Is that all? 17 * * * 18 19 ADJOURNMENT: 20 21 ACTING CITY CLERK: We have no other item 22 on the agenda. 23 Is there a motion to adjourn? 24 COMMISSIONER RIVAS: Motion. 25 MAYOR STACK: Motion to adjourn.  23 1 ACTING CITY CLERK: Motion by Mayor Stack. 2 COMMISSIONER VALDIVIA: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Valdivia. 5 All in favor? 6 7 (Whereupon, there was a chorus of ayes.) 8 9 (Whereupon, the proceedings were concluded 10 at 7:09 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  24 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin J. Valdivia 5 ________________________ Tilo E. Rivas 6 Board of Commissioners 7 8 Attest: 9 Dominick Cantatore, 10 Acting City Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  25 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 19, 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