Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Washington School 3905 New York Avenue Union City, New Jersey Tuesday, February 2, 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. BY: PATRICK J. McNAMARA, 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 COMMUNICATIONS 5 APPROVAL OF PREVIOUS MEETING MINUTES 16 ORDINANCES FOR HEARING AND ADOPTION 17,21, 24 CONSENT AGENDA 27 ORDINANCES FOR INTRODUCTION 41,42, 43,44, 45 REGULAR AGENDA 47,48, 50 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 53 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 71 Pupusa No. 2 Inc. t/a Pupusa Loca 72 Manhattan Bar & Grill Restaurant t/a Manhattan Bar & Grill 76 Jor Per Corp. t/a Cucalambe 76 Los Laureles Liquors t/a Los Laureles Liquors 77 EXECUTIVE SESSION 80 ADJOURNMENT 82  3 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Tuesday, February 2nd, 4 2016, at seven p.m., at the Washington School, 5 3905 New York 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 -- 16 MAYOR STACK: Dominick, just one second. 17 ACTING CITY CLERK: -- has been provided -- 18 MAYOR STACK: Dominick, one second. 19 ACTING CITY CLERK: -- as follows. 20 MR. MIQBEL: Boys and girls, would you 21 please, complete silence and attention. We need 22 to hear what the Clerk’s speaking. 23 Thank you. 24 ACTING CITY CLERK: This meeting has been 25 called in accordance with Chapter 231, Public Law  4 1 of 1975, the Open Public Meeting Act. 2 Adequate Notice of this meeting has been 3 provided as follows: 4 Notice of this meeting setting forth time, 5 date, location, and the agenda, to the extent 6 known, was forwarded to The Jersey Journal, The 7 Record, The Hudson Reporter, has been posted on 8 the bulletin board in City Hall and has been made 9 available to the public in the office of 10 Municipal Clerk. 11 12 ROLL CALL: 13 14 ACTING CITY CLERK: Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Here. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Here. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Here. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Here. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Here.  5 1 COMMUNICATION(S): 2 3 1. Presentation Honoring the Union City Chiefs 4 & the Union City Junior Eagles as the Hudson 5 County Youth Football League 2015 Champions 6 7 ACTING CITY CLERK: First item is a 8 Presentation Honoring the Union City Chiefs and 9 the Union City Junior Eagles as the Hudson County 10 Youth Football League 2015 Champions. 11 Commissioner? 12 MAYOR STACK: I would just like to take 13 this opportunity to congratulate all of our 14 football players -- all of our Eagles and Chiefs, 15 and your great victories. 16 And congratulate all your parents. And a 17 special thank you to your coaches. 18 Let’s give them a nice round of applause 19 everyone. 20 (Applause.) 21 MAYOR STACK: In Union City, as you know, 22 we take sports very seriously. We try to 23 dedicate as much funding and as much fields and 24 whatever resources that you need and your coaches 25 need and we try to do that on a constant basis.  6 1 And you make us very proud; not only in our 2 sports program but in our school system. 3 We want to congratulate you, your parents 4 again, for the great job that you do every day in 5 school, for being model residents. Our youth in 6 the City tremendous, have been tremendous in our 7 City, always being there and setting the example 8 for children throughout Hudson County. 9 So we thank you very much. On behalf of 10 the Commissioners and myself, we thank you. 11 I would like to now turn it over to 12 Commissioner Valdivia who is our Parks and Public 13 Property and Recreation Commissioner. And he’s 14 the guy that makes it happen every day for all of 15 you. 16 (Applause.) 17 COMMISSIONER VALDIVIA: Good evening, 18 everyone. It’s an honor and privilege to be 19 here. 20 I’ve been Commissioner only three years and 21 this is probably my proudest moment; seeing so 22 many parents, the coaches, and the kids that 23 played so hard. And I want to congratulate the 24 kids for their championship, the Little Eagles, 25 for going undefeated and being champions for our  7 1 team -- 2 (Applause.) 3 COMMISSIONER VALDIVIA: Again, what makes 4 our community very special and this is because of 5 the leadership of our Honorable Mayor Brian 6 Stack, is parental involvement, the kids being 7 involved in sports and education, and the parents 8 always being there with them. 9 So thank you very much to all the parents 10 for -- for being there for their kids always. It 11 is very important. We will never know how many 12 lives we save with good recreation programs and a 13 good educational system. 14 Thank you very much. 15 (Applause.) 16 COMMISSIONER FERNANDEZ: We’re ready to 17 call up the players. Junior Eagles Head Coach, 18 Elizer Abreu. 19 And is there any Assistant Coaches -- 20 MAYOR STACK: Just come around the side 21 there. 22 (Applause.) 23 (Whereupon, there was a pause in the 24 proceedings.) 25 COMMISSIONER VALDIVIA: On behalf of the  8 1 Honorable Mayor Brian P. Stack and the Board of 2 Commissioners, we congratulate the Junior Eagles, 3 as the 2015 Hudson County Youth Football League 4 Champions. 5 Congratulations. 6 (Applause.) 7 MAYOR STACK: One thing I forgot to mention 8 is that we’re going to be having a dinner in the 9 spring and we also have beautiful jackets for all 10 of you. 11 (Applause.) 12 13 (Whereupon, opening remarks were made.) 14 15 (Whereupon, a Union City Certificate of 16 Appreciation was awarded to the following Union 17 City Junior Eagles: 18 Jayden Karim; 19 Luan Ortiz; 20 Gabriel Rodriguez (NOT PRESENT); 21 Matthew Barragan; 22 Josiel Estrella; 23 Nathan Flores; 24 Thomas Davis; 25 Ethan Rodriguez;  9 1 Daeshawn Mogro; 2 Demetrius Betances; 3 Daiven Albert; 4 Jordan Moretta; 5 Luciano Velez; 6 Luis Santiago; 7 Ryan Rodriguez; 8 Jasiah Espinal; 9 Felix Matos; 10 Nathan Fitch; 11 Carlos Drouet; 12 Isaiah Carswell; 13 Matthew Avendano; 14 Angel Villegas; 15 Brandon Sanchez; 16 Kered Figueroa; 17 Juan Barco; 18 Elieser Abreu; 19 Ojany Hernandez; 20 Giantonio Ovalles; 21 Jaiden Muro (NOT PRESENT); 22 Alexzander Rivera; 23 Alan Rivera; 24 Gabriel Kuhn; 25 Ariel Williams;  10 1 Andres Hernandez (NOT PRESENT); 2 Ryan Perez; 3 Mayson Cruz; 4 Gabriel Rodriguez; 5 Elias Andino; 6 Jhosthyn Luciano; 7 Seth Alonso; and 8 Angel Nakano.) 9 10 (Whereupon, a Union City Certificate of 11 Appreciation was awarded to the following Union 12 City Junior Eagles Cheerleaders: 13 Amanda Guerrero; 14 Jennifer Bacca; 15 Shanyce Quintana; 16 Hanna Warren; 17 Cassidy Serrano; 18 Genesis Perez; 19 Katelyn Sanon; 20 Siana Quintana; 21 Luciana Gallagher; and 22 Jeydalynn Colon.) 23 24 (Whereupon, the Most Improved Award for the 25 Union City Junior Eagles Cheerleader was awarded  11 1 to Luciana Gallagher.) 2 3 (Whereupon, the Spirit Award for the Union 4 City Junior Eagles Cheerleader was awarded to 5 Siana Quintana.) 6 7 (Whereupon, the Coaches Award for the Union 8 City Junior Eagles Cheerleader was awarded to 9 Jeydalynn Colon.) 10 11 (Whereupon, the MVP for the Union City 12 Junior Eagles Cheerleader was awarded to Amanda 13 Guerrero.) 14 15 A VOICE: And a special thank you, a 16 proclamation to Coach Myasia Mogro. 17 18 (Whereupon, there was a pause in the 19 proceedings.) 20 COMMISSIONER VALDIVIA: On behalf of the 21 Honorable Mayor Brian P. Stack and the Board of 22 Commissioners, we congratulate the Union City 23 Chiefs as the 2015 Hudson County Youth Football 24 League Champions. 25 Thank you, Coach.  12 1 Thank you, guys. 2 3 (Whereupon, a Union City Certificate of 4 Appreciation was awarded to the following Union 5 City Chiefs: 6 Dennis Flores; 7 Jonthan Rodriguez; 8 William Buezo; 9 Jahdiel Suncar; 10 Raymond Lora; 11 Hector Hidalgo; 12 Juan Lopez; 13 Diomedes Caceres; 14 Johan Polanco; 15 Brandon A. Albert; 16 Jose Hernandez; 17 Joshua Negron; 18 Julian Valdes; 19 William Begazo; 20 Aaron La Russo; 21 Donovan Sanchez; 22 Raquan Floyd-Bennett; 23 Davyn Banks; 24 Kelvin Mejia; 25 Bernardo Montanez;  13 1 Frankie Lopez; 2 Brian Lopez; 3 Glaser Arias; 4 Jalen Vega; 5 Nasir Lopez; 6 Jeremiah Inoa; 7 Luis Avalos; 8 Abdiel Ramos; 9 Corey Fitch; 10 Antonio Hernandez; 11 Henry Vilomar; 12 Richanel Garcia; 13 Lazarus Cambon; 14 Jaylin Massa; 15 Gerado Ravelo; and 16 Franklin Blanco.) 17 18 A VOICE: And now to the Assistant Coaches. 19 Oh. 20 Joseph R. Moresco (phonetic). 21 22 (Whereupon, the Union City Chiefs Coaches 23 were acknowledged as follows: 24 Coach Jeffrey Peterson; 25 Coach Carlos Vega;  14 1 Coach Julio Yunes; 2 Coach Gerry Medina; 3 Coach Dominick Caceres; 4 Coach “Big Mike” Rosado; 5 Coach Anthony Barreta; 6 Coach Frankie Lopez (phonetic); and 7 Head Coach Robert Masaa.) 8 9 (Whereupon, a Union City Certificate of 10 Appreciation was awarded to the following Union 11 City Chiefs Cheerleaders: 12 Alexa Paulino; 13 Leana Melendez; 14 Samantha Fajardo; 15 Abigail Baez; 16 Brianna Diaz; 17 Keyla Alica; 18 Jennifer Fria; 19 Stephanie Rumaldo; 20 Joyce Peguero; 21 Hennessy Ramos; 22 Myasia Mogro; 23 Digna Ventura; and 24 Charilize Zuniga.) 25  15 1 (Whereupon, the Most Improved Award for the 2 Union City Chiefs Cheerleader was awarded to 3 Jennifer Fria.) 4 5 (Whereupon, the Spirit Award for the Union 6 City Chiefs Cheerleader was awarded to Stephanie 7 Rumaldo.) 8 9 (Whereupon, the Coaches Award for the Union 10 City Chiefs Cheerleader was awarded to Keyla 11 Alicea.) 12 13 (Whereupon, the MVP for the Union City 14 Chiefs Cheerleader was awarded to Alexa Paulino.) 15 16 (Whereupon, a Special Thank You Award was 17 awarded to Coach Victoria Colon.) 18 19 COMMISSIONER FERNANDEZ: Congratulations, 20 boys and girls. Congratulations, parents. 21 Thank you all for being here this evening. 22 23 (Whereupon, the Board recessed from 24 7:23 p.m. to 7:27 p.m.) 25  16 1 ACTING CITY CLERK: We’re ready to proceed. 2 3 APPROVAL OF PREVIOUS MEETING MINUTES FROM JANUARY 4 5, 2016 AND JANUARY 19, 2016: 5 6 ACTING CITY CLERK: Next -- next item is 7 Approval of Previous Meeting -- 8 MAYOR STACK: You want to use the 9 microphone maybe? Just -- just until we get 10 everyone clear. 11 ACTING CITY CLERK: I’m -- 12 (Whereupon, there was a pause in the 13 proceedings.) 14 ACTING CITY CLERK: Next item is Approval 15 of Previous Meeting Minutes held on January 5 th 16 and January 19, 2016, be approved and recorded. 17 MAYOR STACK: I’ll move it. Move. 18 COMMISSIONER VALDIVIA: Second. 19 ACTING CITY CLERK: Motion by Mayor Stack. 20 COMMISSIONER RIVAS: Second. Second. 21 ACTING CITY CLERK: Second by Commissioner 22 Rivas. 23 Roll call. 24 Commissioner Fernandez? 25 MAYOR STACK: Yes. He indicated yes.  17 1 ACTING CITY CLERK: Yes on -- yes on the 2 19th; recusing on the 5th. 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: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 13 ORDINANCES FOR HEARING AND ADOPTION 14 CONSIDERATION: 15 16 ( ) AN ORDINANCE AMENDING CHAPTER 87 OF THE 17 CODE OF THE CITY OF UNION CITY REGULATING THE 18 PRESERVATION OF TREES 19 20 ACTING CITY CLERK: Next item we have 21 Ordinances for Hearing and Adoption 22 Consideration. 23 An Ordinance -- the first Ordinance is 24 Amending Chapter 87 of the Code of the City of 25 Union City Regulating the Preservation of Trees.  18 1 MAYOR STACK: You want to explain that? 2 MS. NOVA: Okay. 3 MAYOR STACK: You want to use the mic -- 4 Why don’t you stand over here one minute, 5 Krystle? 6 All right? 7 MS. NOVA: No problem. 8 MAYOR STACK: Everybody -- everybody, thank 9 you -- thank you very much for your patience. 10 Tonight was -- obviously tonight -- tonight 11 was a special night giving Certificates of 12 Appreciation recognizing our youth for 13 participating in our sports program. 14 So I thank everyone for their patience. 15 Krystle? 16 MS. NOVA: Okay, this Ordinance creates a 17 requirement for people to obtain a permit to cut 18 down a tree; requires replacement of that tree, 19 if removed; and establishes a thousand dollar fee 20 for improper removal of a tree. 21 MAYOR STACK: On this ordinance all we’re 22 looking to do is to preserve the trees. As 23 everyone has noticed we’ve put up thousands of 24 trees in the last few years in Union City. What 25 we’re looking to do is to preserve those trees  19 1 and our older trees in the community and really 2 stop anyone from cutting down the trees. 3 So, having said that, this ordinance would 4 preserve the trees that we have and have 5 individuals come forward if they’re looking to 6 cut a tree down for a permit from the City of 7 Union City. 8 Anyone wishing to comment on this ordinance 9 at this time, please step forward, state your 10 name and address for the record. 11 MR. PRICE: Larry Price, 1006 Palisade. 12 What trees will this apply to? Just trees 13 on the street or trees on any property? 14 MAYOR STACK: Krystle? 15 MS. NOVA: This applies exclusively to 16 trees on the street; public trees. Not on 17 anybody’s private property. 18 MR. PRICE: Because I have 47 trees on my 19 property and it’s -- would be a burden to have 20 that apply. 21 Thank you. 22 MAYOR STACK: Anyone else wishing to 23 comment at this time, please step forward? 24 Seeing no other. 25 I’ll make a motion.  20 1 ACTING CITY CLERK: Motion by Mayor Stack. 2 COMMISSIONER VALDIVIA: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Valdivia. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: 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: Yes. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Yes. 17 ACTING CITY CLERK: Is there a motion to -- 18 to adopt -- 19 COMMISSIONER VALDIVIA: Motion. 20 ACTING CITY CLERK: -- this ordinance? 21 MAYOR STACK: Second. 22 ACTING CITY CLERK: Motion by Commissioner 23 Valdivia. 24 Second by Mayor Stack. 25 Roll call.  21 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 13 ORDINANCES FOR HEARING AND ADOPTION 14 CONSIDERATION: 15 16 ( ) AN ORDINANCE AMENDING CHAPTER 366 OF THE 17 CODE OF THE CITY OF UNION CITY ENTITLED “STREETS 18 AND SIDEWALK” EXCAVATION 19 20 ACTING CITY CLERK: Next Ordinance Amending 21 Chapter 366 of the Code of the City of Union City 22 Entitled Streets and Sidewalk Excavation. 23 MS. NOVA: This ordinance prohibits 24 sidewalk openings, cuts, or excavation during the 25 winter months of November through March, except  22 1 in cases of emergencies. 2 MAYOR STACK: What we’re doing here is 3 stopping anybody from opening their sidewalk 4 during the winter months, predominantly November, 5 December, January, February and March. 6 Why we’re doing that is it makes it very 7 dangerous for residents to walk on these 8 sidewalks. They’re not able to be cemented back. 9 You can’t usually, in most cases, lay concrete 10 during those months. Most times there’s dirt 11 left on the sidewalk or they’ll put asphalt on 12 the sidewalk. Individuals trip on the sidewalk, 13 get injured, and the City is the first one on the 14 end of the lawsuit. 15 So we’re looking to preserve -- we’re 16 looking to stop anybody from tripping and falling 17 on these dangerous conditions, unless it’s for an 18 emergency. 19 Anyone wishing to comment on this ordinance 20 at this time, please step forward? 21 Seeing none. 22 ACTING CITY CLERK: Is there a motion to 23 close the public hearing on this ordinance? 24 COMMISSIONER MARTINETTI: Motion. 25 ACTING CITY CLERK: Motion by --  23 1 COMMISSIONER VALDIVIA: Second. 2 ACTING CITY CLERK: -- Commissioner 3 Martinetti. 4 Second by Commissioner Valdivia. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: 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: Yes. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Yes. 17 ACTING CITY CLERK: Is there a motion to 18 adopt an Ordinance Amending Chapter 366 of the 19 Code of the City of Union City Entitled Streets 20 and Sidewalk Excavation? 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: Motion by Mayor Stack. 23 COMMISSIONER RIVAS: Second. 24 COMMISSIONER MARTINETTI: Second. 25 ACTING CITY CLERK: Second by Commissioner  24 1 Martinetti. 2 Roll call. 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: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 ORDINANCES FOR HEARING AND ADOPTION 16 CONSIDERATION: 17 18 ( ) AN ORDINANCE AMENDING CHAPTER 366 OF THE 19 CODE OF THE CITY OF UNION CITY ENTITLED “STREETS 20 AND SIDEWALK” UNDERGROUND TANKS 21 22 ACTING CITY CLERK: Next Ordinance Amending 23 Chapter 366 of the Code of the City of Union City 24 Entitled Streets and Sidewalk Underground Tanks. 25 MS. NOVA: This ordinance is similar to the  25 1 last one. It prohibits removal of underground 2 fuel tanks during the winter months of November 3 through March, except in the cases of 4 emergencies. 5 MAYOR STACK: This pretty much ties in 6 again with what we just did with the sidewalks. 7 It would stop the removal of underground storage 8 tanks, basically in the right-of-way, in 9 sidewalks and stuff like that I just mentioned on 10 -- on making a hazardous condition. A trip 11 hazard; somebody falling in the winter months. 12 Predominantly once again November, December, 13 January, February and March. 14 Anyone wishing to comment at this time? 15 And, again, if there was an emergency, 16 we’ll treat that on an emergency basis. 17 Anyone wishing to comment at this time? 18 Seeing none. 19 ACTING CITY CLERK: Is there a motion to 20 close the public hearing on this ordinance? 21 COMMISSIONER VALDIVIA: Motion. 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Motion by -- 24 MAYOR STACK: Thank you, Krystle. 25 ACTING CITY CLERK: -- Commissioner  26 1 Valdivia. 2 Second by Commissioner -- I mean Mayor 3 Stack. 4 Roll call. 5 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 ACTING CITY CLERK: Is there a motion to 17 adopt -- to adopt the Ordinance Amending 18 Chapter -- 19 COMMISSIONER RIVAS: Motion. 20 ACTING CITY CLERK: -- 366 of the Code of 21 the City of Union City Entitled Streets and 22 Sidewalk Underground Tanks? 23 Motion by Commissioner Rivas. 24 COMMISSIONER VALDIVIA: Second. 25 COMMISSIONER FERNANDEZ: Second.  27 1 ACTING CITY CLERK: Second by Commissioner 2 Valdivia. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: 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 January 9, 2016 through January 22, 23 2016 24 ( 4) Resolution Approving the Library Payroll 25 for the Period of January 9, 2016 through January  28 1 22, 2016 2 ( 5) Resolution Approving Contract with W.E. 3 Timmerman Co. Inc. for Repair of Street Sweeper 4 ( 6) Resolution Approving State Contract with 5 Atlantic Tactical for Purchase of Police 6 Ammunition 7 ( 7) Resolution Approving the Transfer of a Bus 8 from the City of Union City to the Hudson 9 Milestones Non-Profit Organization 10 ( 8) Resolution Approving State Contract #81427 11 with Signature Sites, LLC for Recreation 12 Equipment for the Police Memorial Park 13 ( 9) Resolution Approving State Contract #A81422 14 with General Recreation, Inc. for Spray Pad for 15 the Police Memorial Park 16 (10) Resolution Establishing a New Change Fund 17 Custodian for the Tax Collector Office 18 (11) Resolution Authorizing the Placement of a 19 Lien on the Property Know (sic) as 527 38th 20 Street, Block 219, Lot 43 for Tenant Relocation 21 Costs 22 (12) Resolution Authorizing the Placement of a 23 Lien on the Property Know (sic) as 307 9th Street, 24 Block 38, Lot 10 for Tenant Relocation Costs 25 (13) Resolution Authorizing the Placement of a  29 1 Lien on the Property Know (sic) as 2511 2 Bergenline Avenue, Block 142, Lot 18 for Tenant 3 Relocation Costs 4 (14) Resolution Authorizing the Placement of a 5 Lien on the Property Know (sic) as 4604 Brown 6 Street, Block 274, Lot 23 for Emergency Repair 7 Costs 8 (15) Resolution Authorizing the Placement of a 9 Lien on the Property Know (sic) as 511-11th 10 Street, Block 47, Lot 13 for Tenant Relocation 11 Costs 12 (16) Resolution Authorizing the Placement of a 13 Lien on the Property Know (sic) as 1224 Central 14 Avenue, Lot 13, Block 59 for Emergency Repairs 15 Costs 16 (17) Resolution Authorizing the Placement of a 17 Lien on the Property Know (sic) as 632 37th 18 Street, Block 260, Lot 15 for Tenant Relocation 19 Costs 20 (18) Resolution Authorizing the Placement of a 21 Lien on the Property Know (sic) as 205 39th 22 Street, Block 227, Lot 18 for Tenant Relocation 23 Costs 24 (19) Resolution Authorizing the Placement of a 25 Lien on the Property Know (sic) as 2603 New York  30 1 Avenue, Block 149, Lot 16 for Tenant Relocation 2 Costs 3 (20) Resolution Authorizing the Placement of a 4 Lien on the Property Know (sic) as 712 25th 5 Street, Block 144.01, Lot 17 for Tenant 6 Relocation Costs 7 (21) Resolution Authorizing the Placement of a 8 Lien on the Property Know (sic) as 718 14th 9 Street, Block 70, Lot 25 for Tenant Relocation 10 Costs 11 (22) Resolution Authorizing the Placement of a 12 Lien on the Property Know (sic) as 1220 13 Bergenline Avenue, Block 61.02, Lot 16 for Tenant 14 Relocation Costs 15 (23) Resolution Authorizing the Placement of a 16 Lien on the Property Know (sic) as 628 36th 17 Street, Block 260.01, Lot 12 for Emergency Repair 18 Costs 19 (24) Resolution Authorizing the Placement of a 20 Lien on the Property Know (sic) as 733-35 6th 21 Street, Block 20, Lot 9.02 for Emergency Repair 22 Costs 23 (25) Resolution Approving Addendum to Contract 24 for ABC Prosecutor Services 25 (26) Resolution Approving Amendment to the  31 1 Contract for Planning Consultant for Affordable 2 Housing Matters 3 (27) Resolution Authorizing the Refund of 4 Redemption Monies to Outside Lienholders 5 (28) Resolution Authorizing the Refund of 6 Premium Monies Collected at the Tax Sale 7 (29) Resolution Authorizing the Refund of a Tax 8 Payment Made on the Wrong Parcel for Block 217, 9 Lot 3 Also Known as 140 36th Street 10 (30) Resolution Authorizing the Adjustment of 11 Estimated Taxes for the First Quarter Taxes (10 12 pages) 13 (31) Resolution Cancelling First Quarter Taxes 14 Due to Creation of New Condominium 15 (32) Resolution Cancelling Taxes on Property 16 Located at 1901 West Street Also Known as 108, 17 Lot 4.01 Deemed Exempt Due to a Pilot (sic) 18 Program 19 (33) Any other matter of City business that may 20 arise 21 22 ACTING CITY CLERK: Next item is a Consent 23 Agenda. We have 32 items on Consent Agenda. 24 First item is Resolution Approving the 25 Payments of Claim.  32 1 Item 2. 2 Resolution Approving the Payment of 3 Concurring Claims. 4 Item 3. 5 Resolution Approving the City Payroll for 6 the Period of January 9, 2016 through January 7 22nd, 2016. 8 Item 4. 9 Resolution Approving the Library Payroll 10 for the Period of January 9, 2016 through January 11 22nd, 2016. 12 Item 5. 13 Resolution Approving Contract with W.E. 14 Timmerman Corporation Inc. for the Repair of 15 Street Sweepers. 16 Item 6. 17 Resolution Approving State Contract with 18 Atlantic Tactical for Purchase of Police 19 Ammunitions. 20 Item 7. 21 Resolution Approving the Transfer of a Bus 22 from the City of Union City to the Hudson 23 Milestone Non-Profit Organization. 24 Item 8. 25 Resolution Approving State Contract Number  33 1 81427 with Signature Sites, LLC for Recreation 2 Equipment for the Police Memorial Park. 3 Item 9. 4 Resolution Approving State Contract Number 5 A81422 with General Recreation, Inc. for Spray 6 Pad for the Police Memorial Park. 7 Item 10. 8 Resolution Establishing a New Change Fund 9 Custodian for the Tax Collector Office. 10 Item 11. 11 Resolution Authorizing the Placement of a 12 Lien on the Property Known as 527 38th Street, 13 Block 219, Lot 43 for Tenant Relocation Costs. 14 Item 12. 15 Resolution Authorizing the Placement of a 16 Lien on the Property Known as 307 9th Street, 17 Block 38, Lot 10 for Tenant Relocation Costs. 18 Item 13. 19 Resolution Authorizing the Placement of a 20 Lien on the Property Known as 2511 Bergenline 21 Avenue, Block 142, Lot 18 for Tenant Relocation 22 Costs. 23 Item 14. 24 Resolution Authorizing the Placement of a 25 Lien on the Property Known as 4604 Brown Street,  34 1 Block 274, Lot 23 for Emergency Repair Costs. 2 Item 15. 3 Resolution Authorizing the Placement of a 4 Lien on the Property Known as 511 11th Street, 5 Block 47, Lot 13 for Tenant Relocation Costs. 6 Item 16. 7 Resolution Authorizing the Placement of a 8 Lien on the Property Known as 1224 Central 9 Avenue, Lot 13, Block 59 for Emergency Repairs 10 Costs. 11 Item 17. 12 Resolution Authorizing the Placement of a 13 Lien on the Property Known as 632 37th Street, 14 Block 260, Lot 15 for Tenant Relocation Costs. 15 Item 18. 16 Resolution Authorizing the Placement of a 17 Lien on the Property Known as 205 39th Street, 18 Block 227, Lot 18 for Tenant Relocation Costs. 19 Item 19. 20 Resolution Authorizing the Placement of a 21 Lien on Property Known as 2603 New York Avenue, 22 Block 149, Lot 16 for Tenant Relocation Costs. 23 Item 20. 24 Resolution Authorizing the Placement of a 25 Lien on the Property Known as 712 25th Street,  35 1 Block 144.01, Lot 17 for Tenant Relocation Costs. 2 Item 21. 3 Resolution Authorizing the Placement of a 4 Lien on the Property Known as 718 14th Street, 5 Block 70, Lot 25 for Tenant Relocation Costs. 6 Item 22. 7 Resolution Authorizing the Placement of a 8 Lien on the Property Known as 1220 Bergenline 9 Avenue, Block 61.02, Lot 16 for Tenant Relocation 10 Costs. 11 Item 23. 12 Resolution Authorizing the Placement of a 13 Lien on the Property Known as 628 36th Street, 14 Block 260.01, Lot 12 for Emergency Repair Costs. 15 Item 24. 16 Resolution Authorizing the Placement of a 17 Lien on the Property Known as 733-35 6th Street, 18 Block 20, Lot 9.02 for Emergency Repair Costs. 19 Item 25. 20 Resolution Approving Addendum to Contract 21 for ABC Prosecutor Services. 22 Item 26. 23 Resolution Approving Amendment to Contract 24 for Planning Consultant for Affordable Housing 25 Matters.  36 1 Item 27. 2 Resolution Authorizing the Refund of 3 Redemption Money to Outside Lienholders. 4 Item 28. 5 Resolution Authorizing the Refund of 6 Premium Monies Collected at Tax Sale. 7 Item 29. 8 Resolution Authorizing the Refund of a Tax 9 Payment Made on the Wrong Parcel for Block 217, 10 Lot 3 Also Known as 140 36th Street. 11 Item 30. 12 Resolution Authorizing the Adjustment on 13 Estimated Taxes for the First Quarter Taxes. 14 Item 31. 15 Resolution Cancelling First Quarter Taxes 16 Due to Creation of New Condominiums. 17 Item 32. 18 Resolution Cancelling Taxes on Property 19 Located at 1901 West Street Also Known as 108, 20 Lot 4.01 Deemed Exempt Due to P.I.L.O.T. -- to a 21 P.I.L.O.T. Program. 22 Mayor, I have no other item on the Consent 23 Agenda. 24 Do you wish to take public comment -- 25 MAYOR STACK: Sure.  37 1 ACTING CITY CLERK: -- on any item on the 2 Consent Agenda at this time? 3 MAYOR STACK: Sure, Mr. Clerk. 4 Just before we do, on number 7, the 5 Transfer of a Bus from the City of Union City to 6 Hudson Milestones, obviously it’s a not-for- 7 profit organization. A very -- a very strong and 8 able organization that does a lot of good for 9 disabled, specifically children. 10 We’re proud to work closely with them in 11 the City of Union City and donate this bus that 12 the City of Union City did not need at this time. 13 On the recreation equipment for Memorial 14 Park, I’d like to praise all the Commissioners, 15 specifically Commissioner Valdivia, for our 16 commitment again to our parks. 17 This park will be -- it’s a pocket park on 18 11th and West. It’s going to be dedicated to 19 police officers who have fallen in the line of 20 duty over the years in Union City. And it’s also 21 going to be a children’s park where children are 22 going to learn about police history and have a 23 lot of fun. 24 And again -- once again, another safe haven 25 in Union City where children can go and play in  38 1 our community. 2 As for the tenant relocation costs, a lot 3 of these that we just heard of and the repairs, 4 this is again a Building Department being 5 proactive where we find tenants in illegal 6 occupancies and cubicles and we relocate them, 7 getting them a safe place to live and helping 8 them. 9 And repair costs, sometimes when the 10 landlord denies or -- 11 COMMISSIONER MARTINETTI: Neglects. 12 MAYOR STACK: -- neglects a piece of 13 property and won’t make the repairs, we make the 14 repairs for them. We send a strong message in 15 doing that and we put the cost right on their -- 16 on their property and their tax bill. 17 Having said that anyone who would like to 18 comment at this time on the Consent Agenda, 19 please step forward, state your name and address 20 for the record. 21 Seeing none. 22 ACTING CITY CLERK: Is there a motion to 23 close the public comment on Consent Agenda? 24 COMMISSIONER FERNANDEZ: Motion. 25 ACTING CITY CLERK: Motion by Commissioner  39 1 Fernandez. 2 COMMISSIONER RIVAS: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Rivas. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: 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, payment to Adolfo Lopez and Luis 16 Diaz. 17 Also, any payment pertaining to North 18 Hudson Fire and Rescue; and any payment 19 pertaining to UC Code of Construction. 20 Aye on the rest. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 ACTING CITY CLERK: Is there a motion to 24 approve all items on the Consent Agenda? 25 COMMISSIONER VALDIVIA: Motion.  40 1 MAYOR STACK: Motion. 2 ACTING CITY CLERK: Motion by Commissioner 3 Valdivia. 4 Second? 5 By Commissioner -- 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: -- Rivas. 8 Roll call. 9 Commissioner Fernandez? 10 COMMISSIONER FERNANDEZ: I abstain on 11 number 14 as it pertains to emergent repairs on 12 Brown Street. 13 Otherwise yes on the rest. 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 -- I’m 21 recusing on the items listed before. 22 Aye on the rest. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25  41 1 ORDINANCE(S) FOR INTRODUCTION: 2 3 (1.) AN ORDINANCE AMENDING CHAPTER 296 OF THE 4 CODE OF THE CITY OF UNION CITY ENTITLED “PEACE 5 AND GOOD ORDER” SHORT TERM VACATION RENTALS 6 VIOLATIONS 7 8 ACTING CITY CLERK: Next item’s Ordinances 9 for Introduction. 10 These Ordinances will be further considered 11 at a meeting of the Board of Commission to be 12 held on February 16, 2016, at seven p.m. at the 13 Union Middle -- at Union Hill Middle School, 3808 14 Hudson Avenue, Union City, New Jersey. 15 First Ordinance is Amending Chapter 296 of 16 the Code of the City of Union City Entitled Peace 17 and Good Order Short Term Vacation Rental 18 Violations. 19 MAYOR STACK: I’ll move it. 20 ACTING CITY CLERK: Motion made by Mayor 21 Stack. 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: Second by Commissioner 24 Rivas. 25 Roll call.  42 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 13 ORDINANCE(S) FOR INTRODUCTION: 14 15 (2.) AN ORDINANCE AMENDING CHAPTER 261 OF THE 16 CODE OF THE CITY OF UNION CITY ENTITLED “NOISE” 17 AND CHAPTER 296 ENTITLED “PEACE AND GOOD ORDER” 18 19 ACTING CITY CLERK: Next Ordinance Amending 20 Chapter 261 of the Code of the City of Union City 21 Entitled Noise and Chapter 296 Entitled Peace and 22 Good Order. 23 MAYOR STACK: Move it. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 COMMISSIONER MARTINETTI: Second.  43 1 ACTING CITY CLERK: Second by Commissioner 2 Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 16 ORDINANCE(S) FOR INTRODUCTION: 17 18 (3.) AN ORDINANCE AMENDING CHAPTER 311 OF THE 19 CODE OF THE CITY OF UNION CITY ENTITLED “PROPERTY 20 MAINTENANCE” AND CHAPTER 1 “GENERAL PROVISIONS” 21 HEATING CODE VIOLATIONS 22 23 ACTING CITY CLERK: Next Ordinance Amending 24 Chapter 311 of the Code of the City of Union City 25 Entitled Property Maintenance and -- and Chapter  44 1 1 General Provisions Heating Code Violations. 2 MAYOR STACK: Move it. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 COMMISSIONER MARTINETTI: Second. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Martinetti. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 22 ORDINANCE(S) FOR INTRODUCTION: 23 24 (4.) AN ORDINANCE AMENDING CHAPTER 234 OF THE 25 CODE OF THE CITY OF UNION CITY ENTITLED  45 1 “LICENSING OF BUSINESS AND OCCUPATIONS” 2 3 ACTING CITY CLERK: Next Ordinance Amending 4 Chapter 234 of the Code of the City of Union City 5 Entitled Licensing of Businesses and Occupations. 6 MAYOR STACK: Move it. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 COMMISSIONER MARTINETTI: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Martinetti. 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: Yes. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 24 ORDINANCE(S) FOR INTRODUCTION: 25  46 1 (5.) AN ORDINANCE AMENDING CHAPTER 122 OF THE 2 CODE OF THE CITY OF UNION CITY ENTITLED 3 “CONSTRUCTION CODES, UNIFORM” 4 5 ACTING CITY CLERK: Next Ordinance Amending 6 Chapter 122 of the Code of the City of Union City 7 Entitled Construction Codes, Uniform. 8 MAYOR STACK: I’ll move it. 9 ACTING CITY CLERK: Motion by Mayor Stack. 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Valdivia. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: 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: I’m abstaining. 23 ACTING CITY CLERK: Commissioner 24 Martinetti; abstaining. 25 Mayor Stack?  47 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 1. Resolution Approving Shared Services 6 Agreement with the Union City Board of Education 7 for Parking at St. Michael’s Monastery/Korean 8 Church 9 10 ACTING CITY CLERK: Next item is the 11 Regular Agenda. 12 First item is Resolution Approving Shared 13 Service Agreement with the Union City Board of 14 Education for Parking at Saint Michael’s 15 Monastery and Korean Church. 16 MAYOR STACK: Yes. I’d like to praise the 17 Board of Education for working together with the 18 City of Union City to create additional parking 19 at this location. 20 I’ll move it. 21 MS. NOVA: Before everyone else moves, we 22 want to make note that based on the doctrine of 23 necessity Commissioner Valdivia who normally 24 would recuse is going to be voting. 25 COMMISSIONER RIVAS: I second it.  48 1 ACTING CITY CLERK: Motion made by Mayor 2 Stack. 3 Second by Commissioner Rivas. 4 Commissioner Fernandez? 5 Recusing. 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 Recusing. 13 Mayor Stack? 14 MAYOR STACK: Yes. 15 16 REGULAR AGENDA: 17 18 2. Resolution Approving Amendment to the 19 Shared Services Agreement for the Lease of the 20 Rear Portion of 2214 Kennedy Boulevard with the 21 Union City Board of Education 22 23 ACTING CITY CLERK: Next is a Resolution 24 Approving -- 25 Item 2 is Resolution Approving Amendment of  49 1 the Shared Service Agreement for the Lease of the 2 Rear Portion of 2214 Kennedy Boulevard with the 3 Union City Board of Education. 4 MS. NOVA: Again, based on the doctrine of 5 necessity Commissioner Valdivia will be voting on 6 this even though he would normally recuse on 7 Board of Education matters. 8 MAYOR STACK: I’ll move it. 9 ACTING CITY CLERK: Motion by Mayor Stack. 10 COMMISSIONER RIVAS: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Rivas. 13 Roll call. 14 Commissioner Fernandez? 15 Recusing. 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  50 1 REGULAR AGENDA: 2 3 3. Resolution Approving Memorandum of 4 Understanding with Hudson County Concerning 5 Improvements to the Washington Park Picnic Area 6 7 ACTING CITY CLERK: Item 3. 8 Resolution Approving Memorandum of 9 Understanding with the Hudson County Concerning 10 Improvements to the Washington Park Picnic Area. 11 MAYOR STACK: Yeah, I’ll move it. 12 Just before we do, I’d just like to make a 13 comment. 14 I’m very proud to move this and I’m proud 15 to work with the County on this great project 16 that we did at Washington Park. And I remember 17 when we first started it there was a lot of 18 speculation about how the project would turn out. 19 And I think anyone who’s really an honest 20 person could pass by that property right now and 21 see how beautiful that property really turned out 22 to be. 23 I mean I remember growing up as a child in 24 Union City and living on 7th and Palisade, later 25 on 11th and Palisade and going with my mother, --  51 1 mercy on her soul -- and we would go down there 2 and it would be basically like a dustbowl. There 3 would be nothing -- nothing there. 4 I remember people would be smoking 5 marijuana and hanging out in the park. And my 6 mother would never let me go by myself. 7 And today when you go down there and you 8 see what we have there -- and not because we were 9 the Administration that -- that pushed us ahead. 10 But specifically I’d like to thank the 11 Commissioners because it wasn’t always easy with 12 some of the criticism that we faced. And then 13 the lawsuit being filed against the children’s 14 thing. 15 Which I’ll still never understand how 16 somebody can file -- how somebody could file an 17 -- file a lawsuit against children and a place to 18 play in the most densely populated community in 19 America. It still just bewilders me. 20 But having said that when you look at what 21 we have down there and all the new plantings on 22 2nd Street and Palisade, down to Paterson Plank 23 Road, from Palisade to New York Avenue, and you 24 see those children, -- 25 Those children that were here tonight.  52 1 That were here tonight. 2 -- when you so those children there 3 playing, when you see them having a good time, 4 learning the discipline of sports and you hear 5 the laughter, what could -- what could be worth 6 it more than serving in public office when you’re 7 doing things like that for children. 8 So I’d like to praise the County for 9 sticking with us on the project and really moving 10 this project forward. 11 Special thank you to all the Commissioners. 12 And all those children and parents that 13 came to the public hearings and came out and 14 supported what we were trying to do there and the 15 concept and the plan I think actually came out 16 better than what we ever imagined. 17 Even those that were skeptical at the time 18 about it I think would have to admit how nice 19 that came out. 20 Thank you very much. 21 I’ll move it. 22 ACTING CITY CLERK: Motion by Mayor Stack. 23 COMMISSIONER FERNANDEZ: Second. 24 ACTING CITY CLERK: Second by Commissioner 25 Fernandez.  53 1 Roll call. 2 Commissioner Fernandez? 3 COMMISSIONER FERNANDEZ: Yes. 4 ACTING CITY CLERK: Commissioner Rivas? 5 Recusing. 6 Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 Recusing. 11 Mayor Stack? 12 MAYOR STACK: Yes. 13 And that’s just one more thing that, you 14 know, the local media never cover; about 15 beautiful fields and children. 16 But if a child or a teenager does something 17 wrong in Hudson County, it’s right on the front 18 page of The Jersey Journal. But when there’s 19 good things happening, we never read about those 20 things. 21 That’s why we get our own message out in 22 Union City; we don’t rely on that. 23 24 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 25  54 1 ACTING CITY CLERK: Mayor, before we close 2 the public comment portion of this meeting, do 3 you wish to take -- 4 MAYOR STACK: Sure. 5 Any -- any resident who would like to step 6 forward at this time and address any matter 7 concerning municipal government in the City of 8 Union City, please do so. 9 On behalf of the Commissioners I’d like to 10 thank those members of the public that came out 11 this evening. A hundred percent of our 12 Commission meetings are moved throughout the 13 community every two weeks; in addition to the 14 Mobile Mayor’s Office and the Police Community 15 Meetings. We try to move it to every 16 neighborhood in the City and notify the residents 17 when we’re out here. 18 So thank you very much to everyone. 19 First -- first comment? 20 MR. PRICE: Larry Price, 1006 Palisade. 21 On November 17th the Board of Commissioners 22 adopted a resolution declaring the area east of 23 Manhattan Avenue as being an area in need of 24 redevelopment. I filed a legal action against 25 that shortly thereafter. It was basically me  55 1 versus the City. 2 Shortly thereafter Sky Pointe, which owns 3 all of that property, filed a motion in court to 4 intervene and the motion has since been granted. 5 In any case I thought it would be of 6 interest -- their stated reasons for wanting to 7 intervene. 8 If the City’s determination that the Sky 9 Pointe property are part of a non-condemnation 10 redevelopment area remains in effect and the City 11 adopts a redevelopment plan for those properties, 12 Sky Pointe will be eligible to obtain a reduced 13 service charge in lieu of real estate taxes, 14 pursuant to the long term tax exemption law on 15 any new development on those properties. 16 Further, under these circumstances the City 17 can use all or a portion of the aforementioned 18 service charge to meet the debt service on and 19 pay off redevelopment area bonds, which the City 20 issues pursuant to the redevelopment area bond 21 financing. 22 The City can use the proceeds of the sale 23 of these bonds to fund the cost of all or a 24 portion of the development of the Sky Pointe 25 properties.  56 1 This doesn’t -- you know, I don’t -- I 2 don’t know the understanding between Sky Pointe 3 and the City but essentially what they’re doing 4 is telling a judge that the City is going to 5 issue bonds to pay for the development on their 6 property; and then they won’t pay us taxes, 7 they’ll pay a service charge to pay off those 8 bonds. 9 Now, this doesn’t do very much for the City 10 of Union City where I come from. As I say I 11 don’t know what lies behind it but if it’s 12 anything approaching what they’re talking about 13 here it’s a disservice to the citizens of this 14 City. 15 Thank you. 16 MAYOR STACK: Anyone else wishing to 17 comment at this time; please step forward. 18 MS. DILLON: Hi. Your name and address for 19 the record. 20 MS. CANYON: My name’s Colleen Canyon at 21 394 Mountain Road. 22 MS. DILLON: Can you spell your name for 23 me? 24 MS. CANYON: C-O-L-L-E-E-N, C-A-N-Y-O-N. 25 MS. DILLON: And the address again was?  57 1 MS. CANYON: 394 Mountain. 2 MS. DILLON: Thank you. 3 MS. CANYON: I just have a question about 4 the ordinance regarding the short term rentals. 5 I wasn’t at the last meeting when it was 6 passed. I’m wondering if it applies to owner- 7 occupied homes or is it all short term rentals? 8 MAYOR STACK: Sure. I’ll turn it to 9 Krystle. Krystle is our counsel. 10 Krystle? 11 Did you hear the question, Krystle? 12 MS. NOVA: If it applies to -- to owner- 13 occupied or all short term rentals? 14 MS. CANYON: Um-hum. Yeah. 15 MS. NOVA: It would apply to all short term 16 rentals. 17 MS. CANYON: Okay. 18 So what’s the proposed amendment then for 19 the next meeting? 20 MS. NOVA: This amendment? 21 This amendment has to do with the 22 penalties. So it has to do with -- the first 23 penalty would be $500.00. The second penalty 24 would be a thousand dollars. Every subsequent 25 penalty would be a thousand dollars.  58 1 That’s the only change that’s being -- 2 MS. CANYON: Okay. So -- 3 MS. NOVA: -- made on this amendment. 4 MS. CANYON: -- currently the penalty’s 5 like 250 and will go up to 500 or something? 6 All right. 7 MS. NOVA: Correct. 8 MS. CANYON: Okay. Gotcha. 9 So was there an incident that precipitated 10 this ordinance? Like how did it come about? 11 MAYOR STACK: Just the amount of them that 12 we’re seeing in the City right now and trying to 13 keep the community, basically, as a community and 14 not lose the community feel. 15 MS. CANYON: Okay. 16 So how will it be enforced? 17 MAYOR STACK: Through the inspection; 18 through the Building Department. 19 MS. CANYON: Oh through building 20 inspectors. 21 MAYOR STACK: The Building Department. 22 MS. CANYON: Okay. 23 And so far has anyone been found in 24 violation of the ordinance? 25 MAYOR STACK: We have not, no.  59 1 MS. CANYON: Okay. 2 MAYOR STACK: It’s been -- it’s been very 3 early though in the -- 4 MS. CANYON: Right. 5 MAYOR STACK: -- in the process. 6 MS. CANYON: Okay, no, I was just wondering 7 if it had -- 8 MAYOR STACK: Sure. No. 9 MS. CANYON: -- been motivated by a 10 particular -- 11 MAYOR STACK: Absolutely. 12 MS. CANYON: -- incident and that -- 13 MAYOR STACK: Sure. 14 MS. CANYON: Okay. 15 -- that came to pass. 16 And is there way I could get a transcript 17 of the last meeting? 18 MAYOR STACK: Sure. Absolutely. 19 MS. CANYON: How do I do that? 20 MAYOR STACK: Through the Clerk’s Office. 21 MS. CANYON: Okay, City Clerk? 22 ACTING CITY CLERK: Call my office. Yeah. 23 MS. CANYON: Okay. All right. 24 Thank you very much. 25 MAYORS STACK: Anyone else wishing to  60 1 comment at this time? 2 ACTING CITY CLERK: Is there a motion to 3 close the public comment -- 4 MS. DILLON: There’s another member -- 5 MAYOR STACK: No, we have -- we have 6 another person. 7 ACTING CITY CLERK: Oh. 8 MAYOR STACK: Sure. 9 ACTING CITY CLERK: I’m sorry. I didn’t 10 see. 11 MS. SPARROW: Sorry. 12 Hi. Kate Sparrow. 13 MS. DILLON: Address? 14 MS. SPARROW: Mountain Road. 15 MS. DILLON: Pardon me? 16 MS. SPARROW: Mountain Road. 17 MS. DILLON: Okay, please keep your voice 18 up. 19 MS. SPARROW: Okay. 20 Yes, I was I guess not surprised to hear 21 Larry Price’s comments about the fact that these 22 people who got the redevelopment zone want to 23 have debt obligations because when they presented 24 at first I said this is one of the reasons not to 25 do it because they would be coming to us and  61 1 asking for tax-free money. And I submitted a 2 document to you at that time. 3 So I’m sort of surprised that, you know, 4 it’s gotten this far and yes they want us to 5 subsidize, which is exactly what the whole thing 6 is about. 7 So, -- 8 MAYOR STACK: I -- I can guarantee you the 9 City of Union City will not be subsidizing a 10 private developer, nor has any tax abatement been 11 given. 12 Under my Administration there’s been no 13 long term tax abatements given in 15 years. 14 MS. SPARROW: I -- I think it’s -- 15 MAYOR STACK: The only thing that we’ve 16 given out, Kate, is the -- is the model state 17 one, which was out there for a while, the five 18 year abatement, -- 19 MS. SPARROW: Mmm. 20 MAYOR STACK: -- which is 20/40/60/80/100 21 percent. 22 MS. SPARROW: I think it’s part of the laws 23 that go along with non-condemnation redevelopment 24 zones. The law seems to part and parcel of it; 25 it all goes together.  62 1 MAYOR STACK: I’m sorry? 2 MS. SPARROW: I said that when you enact 3 non-condemnation redevelopment zone then that’s 4 part of what is in the agreements of such zones. 5 MAYOR STACK: We’ve -- we’ve done others. 6 The Thread was a redevelopment -- a redevelopment 7 zone. There was no tax abatement given on that 8 building. It was the normal five year 9 abatement, -- 10 MS. SPARROW: Well, I’m -- 11 MAYOR STACK: -- the one I just mentioned. 12 MS. SPARROW: -- I’m talking about the tax 13 abatements transferred into subsidizing your debt 14 obligations and paying their financing. 15 MAYOR STACK: There’s been no tax abatement 16 given. 17 MS. SPARROW: No, debt obligations. You 18 know where -- where they turn that into a fee to 19 pay off their debt to -- and they can issue bonds 20 and then they pay their debt as a service fee, 21 instead of taxes. 22 MAYOR STACK: Krystle, can you answer that? 23 MS. NOVA: Patrick McNamara from -- 24 MAYOR STACK: Sure. 25 MS. NOVA: -- my office is here.  63 1 MAYOR STACK: Sure. 2 MS. NOVA: And he’s been the -- 3 MAYOR STACK: Pat, if you could just 4 step up. 5 MS. NOVA: -- point person. 6 MAYOR STACK: Pat McNamara is from the City 7 -- the City attorney’s office. 8 MR. McNAMARA: I couldn’t quite hear the 9 question, ma’am. 10 MS. DILLON: Can you just come over here, 11 Mr. -- 12 MS. McNAMARA: Could you please repeat it? 13 MS. DILLON: Or -- or have a seat -- 14 MS. NOVA: He could sit here. 15 MAYOR STACK: Maybe right from there. 16 MR. McNAMARA: Okay. 17 MAYOR STACK: You could do it right from 18 there. 19 MR. McNAMARA: If you could please repeat 20 the question, ma’am? 21 MS. SPARROW: Okay. 22 So I -- I just heard what Larry said and 23 when I first opposed this non-redevelop -- non- 24 condemnation redevelopment zone it had to do with 25 the fact that in these zones then the developers  64 1 can request that -- request -- they will issue 2 bonds and instead of paying taxes they use that 3 money to pay off the bond -- interest on the 4 bonds. 5 MR. McNAMARA: Well, revenue allocation 6 bonds are a tool of redevelopment. They are not 7 mandated by law. They are not at the developer’s 8 option. They’re at the municipality’s option. 9 And a revenue allocation bond is used to help 10 underwrite either the construction, replacement 11 or renovation of infrastructure. Utilities, 12 roads, things of that nature. 13 And then what happens is a portion of the 14 tax revenue from the redevelopment project is 15 utilized to help pay off the bonds. The 16 advantage for using it in a redevelopment area is 17 that a public entity has a lower interest rate on 18 municipal bonds than borrowing the money in a 19 private sector. 20 It’s often commonly done in areas where you 21 have brownfield redevelopment projects or in 22 areas where the infrastructure is in such aged 23 condition that it needs to be replaced. It is 24 not mandated. The developer cannot mandate it 25 upon a municipality. It is something that’s  65 1 negotiated by a designated redeveloper that has 2 to be approved by the municipality. It is not 3 something that the developer gets the right to 4 impose on a town. 5 MS. SPARROW: Are there such negotiations 6 in progress now? 7 MR. McNAMARA: No. 8 MS. SPARROW: At what -- what sort of 9 meetings would they be discussed? 10 MR. McNAMARA: The -- the only time a 11 revenue allocation bond comes up is when a 12 municipality designates someone as a redeveloper 13 and then negotiates a redevelopment agreement 14 with that party. And in the course of 15 negotiating that agreement there may be a 16 provision that provides for a P.I.L.O.T. 17 agreement, there may be a provision that applies 18 for revenue allocation bonds. 19 Revenue allocation bonds were also subject 20 to state approval through the Local Finance 21 Board. The municipality is not the final say on 22 the issuance of these bonds. These are items 23 that can or cannot be negotiated. They are used 24 or are not used and it really is very specific to 25 the given project and the nature and scope of  66 1 that project. 2 MS. SPARROW: Has Sky Pointe been 3 designated such a redeveloper? 4 MR. McNAMARA: No. 5 MS. SPARROW: Okay. 6 MR. McNAMARA: There -- there will be no 7 designation in that area until a redevelopment 8 plan is approved. 9 What the City has done so far is adopt a 10 redevelopment study to designate the area. That 11 study is now being challenged in court. 12 Once that matter is resolved that the City 13 can proceed, then it can proceed to authorize a 14 redevelopment plan. That changes or may not 15 change the zoning of the properties in the study 16 area. 17 Once that redevelopment plan is adopted by 18 the municipality, then it can negotiate with a 19 redeveloper and designate someone subject to them 20 entering into a redevelopment agreement. 21 MAYOR STACK: There would be public 22 hearings then. 23 MR. McNAMARA: Oh, they’re -- yeah, that’s 24 all required by public and adopted by -- 25 A redevelopment plan is adopted by  67 1 ordinance or a public hearing. So redevelopment 2 agreement is approved by resolution. 3 MAYOR STACK: In that neighborhood where 4 we’ve done the -- the past hearings. 5 MS. SPARROW: Okay. 6 Well, thank you. 7 I got -- I got another comment real quick. 8 I think the trees are beautiful and I 9 really thank you for them. However, I was just 10 wondering if whosever recommending that you plant 11 those trees is aware that they are one of the 12 worst trees for the City. 13 If you look up Arbor Day Foundation and you 14 research that type of Bradford Pear, you will see 15 that everywhere they are not recommended for city 16 trees at all. 17 MAYOR STACK: We actually think that the 18 trees are nice trees. I mean pear trees seem to 19 work well in urban areas. Also, -- and seem to 20 adapt to the environment also. 21 MS. SPARROW: Well, that’s why I said Arbor 22 Day Foundation says that they’re the worst trees 23 for city trees. So I beg to differ. I just 24 wanted to make you aware of that. Because of 25 their breakage and then their stench when they  68 1 bloom. 2 MAYOR STACK: I try to see -- Kate, I try 3 to see the glass as half-full, as opposed to 4 seeing it half-empty. 5 MS. SPARROW: Yeah. 6 MAYOR STACK: Especially with how that area 7 looked and it looks today. 8 MS. SPARROW: No, it’s beautiful. 9 MAYOR STACK: Right. 10 MS. SPARROW: But -- anyway. 11 Thank you. 12 MAYOR STACK: Thank you. 13 Anyone else wishing to comment at this 14 time? 15 It would be a good time also -- this year 16 we’ll also be doing an additional number of 17 parks. Every park in the City will be touched in 18 some way in the spring. 19 We’ll also be doing probably an additional 20 25 to 30 side streets; paving, new sidewalks, 21 decorative streetlights, tree planting. You’ll 22 see a lot of improvements coming. 23 Thank you very much everyone for your 24 patience during the meeting this evening. 25 ACTING CITY CLERK: Is there a motion to  69 1 close the public comment portion of this meeting? 2 COMMISSIONER VALDIVIA: Motion. 3 COMMISSIONER MARTINETTI: Second. 4 ACTING CITY CLERK: Motion by Commissioner 5 Valdivia. 6 Second by Commissioner Martinetti. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Before we close, 10 Clerk, I’d like to just make a comment. 11 Having grown up in Union City, having 12 remembered Union City for what it really was 13 many, many years ago, 40 years ago, Union City 14 there were no trees, there were no beautiful 15 schools, there were no parks. We played in 16 Roosevelt Stadium and our legs were black from 17 the dust. 18 New York Avenue’s never looked better with 19 all the trees, the lighting; 43rd Street, 49th 20 Street, 48th Street, 22nd Street, 15th Street. All 21 the pocket parks. The playgrounds. Everything 22 for the kids. Union City has never, never looked 23 better and I’ve lived here my whole entire life. 24 And I want to commend the Mayor for all the 25 wonderful work he’s done on behalf, especially,  70 1 of our kids. 2 Thank you, Mayor, thank you very much. 3 MAYOR STACK: Thank you, Commissioner. 4 COMMISSIONER FERNANDEZ: Yes. 5 ACTING CITY CLERK: Commissioner Fernandez? 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 * * * 17 18 19 20 21 22 23 24 25  71 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Pupusa No. 2 Inc. t/a Pupusa Loca 4 4709 Bergenline Avenue 5 Liquor License No. 0910-33-174-007 6 2. Manhattan Bar & Grill Restaurant t/a 7 Manhattan Bar & Grill 8 1711 Manhattan Avenue 9 Liquor License No. 0910-33-188-004 10 3. Jor Per Corp. t/a Cucalambre (sic) 11 4418 Bergenline Avenue 12 Liquor License No. 0910-33-110-010 13 4. Los Laureles Liquors t/a 14 Los Laureles Liquors 15 4625 Broadway 16 Liquor License No. 0910-44-026-011 17 18 MAYOR STACK: The portion of the meeting 19 we’ll be going to right now is Liquor License 20 Disciplinary Hearings. 21 ACTING CITY CLERK: Mr. Farmer? 22 MR. FARMER: Yes. 23 Good evening, members of the Board. We 24 have four cases on the calendar. 25 * * *  72 1 PUPUSA NO. 2 INC. t/a PUPUSA LOCA, 2 4709 Bergenline Avenue 3 Liquor License No. 0910-33-174-007 4 5 MR. FARMER: The first one is Pupusa. 6 Detective Dunlay is to my right and the 7 licensees are to my left. 8 Would you identify yourselves, gentlemen? 9 MR. ARIAS: Victor Arias. 10 MS. DILLON: Spell your name please. 11 MR. ARIAS: V like victory, I -- 12 MS. DILLON: Not so close to the mic. 13 MR. ARIAS: Oh, I’m sorry. 14 MS. DILLON: Go ahead. 15 MR. ARIAS: V like victory, I-C-T-O-R, A-R- 16 I-A-S. 17 MS. DILLON: Thank you. 18 MR. ARIAS: Um-hum. 19 MR. MARTINEZ: Wilfredo Martinez. 20 MR. FARMER: Okay. 21 Along with the licensee, Detective Dunlay 22 and myself had conferences with them on two 23 occasion. One -- both at -- at City Hall; one 24 with an attorney representing them and one 25 without an attorney representing them.  73 1 The facts are these. 2 An underage person went into their 3 establishment. That person is seen on the video 4 drinking, this, that or the other thing. Leaves 5 the establishment and gets arrested with a DWI; 6 he was driving a car. He’s pleaded guilty in the 7 municipal court on that issue. 8 Detective Dunlay and I have talked about it 9 and there are two things. We would recommend a 10 30-day suspension, as well as a plan by which 11 they can ensure that underage people will not be 12 able to enter their establishment and drink. The 13 licensees have produced this evening a plan, 14 signs and wristbands and things like that. 15 But the situation is we’ve negotiated a 30- 16 day suspension for the underage drinking. And 17 they are in agreement with that. 18 MAYOR STACK: Okay. 19 Sir, do you want -- 20 MR. FARMER: And that -- and that the dates 21 will be February 23rd to March 23rd. 22 MAYOR STACK: Sure. 23 Sir, would you like to speak on your 24 behalf? Or maybe do you want to have an attorney 25 with you this evening?  74 1 MR. ARIAS: No. I’m really I was sorry 2 about what the committee have to pass and that. 3 So we’re doing everything we can for doing better 4 job to please everyone in the community. It’s 5 all we -- (indiscernible) -- with the community 6 and make a better life for the people in Union 7 City. 8 So I’ve been, you know, sorry what happen 9 -- (indiscernible) -- so we’re doing -- 10 (indiscernible) -- and at this time we -- we’re 11 going to -- didn’t happen again. 12 MAYOR STACK: Okay. 13 And you understand the terms of the 14 agreement -- 15 MR. ARIAS: Yeah, we understand. 16 MAYOR STACK: -- that Mr. Farmer has -- 17 MR. ARIAS: We understand. We agree with 18 that. 19 MAYOR STACK: Okay. 20 We have an agreement in place Mr. Farmer 21 has made with the licensee. 22 I’ll make a motion to approve. 23 ACTING CITY CLERK: Motion by Mayor Stack. 24 COMMISSIONER FERNANDEZ: Second. 25 ACTING CITY CLERK: Second by Commissioner  75 1 Fernandez. 2 Roll call. 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: Mayor Stack? 13 MAYOR STACK: Yes. 14 MR. ARIAS: One more thing. 15 I say thank you for the better job you’re 16 doing with the winter storm that past; they 17 cleaning the street, -- 18 MAYOR STACK: Thank you very much. 19 MR. ARIAS: -- it’s a good job. 20 MAYOR STACK: Thank you very much. Thank 21 you. 22 Thank you. 23 SERGEANT DUNLAY: Thank you, Mr. Arias. 24 MAYOR STACK: Thank you. 25 * * *  76 1 MANHATTAN BAR & GRILL RESTAURANT t/a MANHATTAN 2 BAR & GRILL, 3 1711 Manhattan Avenue 4 Liquor License No. 0910-33-188-004; 5 and 6 JOR PER CORP. t/a CUCALAMBRE (sic), 7 4418 Bergenline Avenue, 8 Liquor License No. 0910-33-110-010 9 10 MR. FARMER: The next two items, Manhattan 11 Bar and Grill and Cucalambe; both of those 12 licensees are -- are represented by Mr. Diaz -- 13 Luis Diaz. I understand Mr. Diaz is out of the 14 country on vacation; he’ll be back by the next 15 meeting. 16 I’ve had preliminary discussions with 17 associates from his office and law partners and I 18 am confident that we’ll just be able to work that 19 out. 20 21 * * * 22 23 24 25  77 1 LOS LAURELES LIQUORS t/a LOS LAURELES LIQUORS, 2 4625 Broadway 3 Liquor License No. 0910-44-026-011 4 5 MR. FARMER: All right, the next one is Los 6 Laureles Liquor. 7 Tommy? 8 MR. CAMMARATA: Good evening. Thomas -- 9 MAYOR STACK: Good evening. 10 MR. CAMMARATA: -- Cammarata, appearing on 11 behalf of -- of the liquor store, Los Laureles 12 Liquors. 13 My address -- my law firm is Cammarata, 14 Nulty and Garrigan. My address is 549 Summit 15 Avenue in Jersey City. 16 MR. FARMER: We -- Mr. Cammarata and I -- 17 And the record should reflect that the 18 licensee’s here -- 19 MR. CAMMARATA: Yes, I was just -- 20 MR. FARMER: -- as well. 21 MR. CAMMARATA: -- going to indicate that. 22 The licensee is here. His name is Ronak 23 Patel. 24 MS. DILLON: Can you please spell that for 25 me?  78 1 MR. CAMMARATA: Sure. 2 R-O-N-A-K, first name. Last name Patel, P 3 as in Peter, A-T-E-L. 4 MS. DILLON: Thank you. 5 MR. CAMMARATA: You’re welcome. 6 MR. FARMER: Mr. Cammarata and I and along 7 with Detective Dunlay have discussed this matter. 8 This is a liquor store. This is an 9 underage. Somebody -- his client walked -- an 10 underage person walked in, bought liquor, and got 11 stopped. 12 MR. CAMMARATA: Um-hum. 13 MR. FARMER: Basically when they went home 14 they were discovered by their parent to have had 15 some liquor; asked where they got it; said here. 16 So we’ve negotiated -- and they’re going to 17 give me the dates -- a 20-day suspension. 18 And the dates are going to be from February 19 16th to March -- 20 MR. CAMMARATA: Fifth. 21 MR. FARMER: -- 5th. Fifth? 22 MR. CAMMARATA: Yes. 23 MAYOR STACK: Okay. 24 You have an agreement? 25 MR. CAMMARATA: Yeah.  79 1 MAYOR STACK: Okay. Okay. 2 I’ll make a motion to approve. 3 COMMISSIONER FERNANDEZ: Second. 4 ACTING CITY CLERK: Motion by Mayor Stack. 5 Second by Commissioner Fernandez. 6 Roll call. 7 Commissioner Fernandez? 8 COMMISSIONER FERNANDEZ: Yes. 9 ACTING CITY CLERK: Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 19 * * * 20 21 MR. FARMER: That’s the calendar, ladies 22 and gentlemen. 23 MAYOR STACK: Thank you very much. 24 MR. FARMER: Good night. 25 MAYOR STACK: Have a good evening.  80 1 (Whereupon, there was a pause in the 2 proceedings.) 3 4 EXECUTIVE SESSION: 5 6 ACTING CITY CLERK: Mayor, at this time I 7 will like to make a motion to go in Executive 8 Session. 9 MS. NOVA: We’ll be going into Executive 10 Session to discuss ongoing litigation matters. 11 ACTING CITY CLERK: Do I have a motion? 12 MAYOR STACK: I’ll make a motion. 13 COMMISSIONER MARTINETTI: Second. 14 ACTING CITY CLERK: Motion by Mayor Stack. 15 Second by Commissioner Martinetti. 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.  81 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 Are we going to another room or -- 4 ACTING CITY CLERK: Yes. 5 6 (Whereupon, the Board moved to Executive 7 Session at 8:06 p.m.) 8 9 (Whereupon, the Board returned to Open 10 Session at 8:24 p.m.) 11 12 MS. DILLON: Okay. 13 ACTING CITY CLERK: Mayor, I’d like to make 14 a motion to go back on record. 15 MS. NOVA: And for -- and for the record 16 the reason why we were in Executive Session was 17 for ongoing litigation matters. 18 We are now going back -- motioning to get 19 out of Executive Session. 20 COMMISSIONER MARTINETTI: Motion. 21 ACTING CITY CLERK: Motion by Commissioner 22 Martinetti. 23 COMMISSIONER RIVAS: Second. 24 ACTING CITY CLERK: Second by Commissioner 25 Rivas.  82 1 Roll call. 2 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? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 14 ADJOURNMENT: 15 16 ACTING CITY CLERK: There are no other 17 items on the agenda for tonight. 18 Is there a motion to adjourn? 19 COMMISSIONER MARTINETTI: Motion. 20 MAYOR STACK: Motion. 21 ACTING CITY CLERK: Motion by Mayor Stack. 22 Second by Commissioner Martinetti. 23 All in favor? 24 25 (Whereupon, there was a chorus of ayes.)  83 1 2 MAYOR STACK: Thank you. 3 4 (Whereupon, the proceedings were concluded 5 at 8:25 p.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  84 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  85 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, February 2, 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