Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Housing Authority Hillside Pavilion 3911 Kennedy Boulevard Union City, New Jersey Tuesday, March 1, 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  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 3 COMMUNICATIONS 4 APPROVAL OF PREVIOUS MEETING MINUTES 11 ORDINANCES FOR HEARING AND ADOPTION 12,15 CONSENT AGENDA 18 ORDINANCES FOR INTRODUCTION 28,29 REGULAR AGENDA 30,32, 33 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 34 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS Manhattan Bar & Grill Restaurant t/a Manhattan Bar & Grill 37 ADJOURNMENT 42  3 1 ACTING CITY CLERK: This is a Regular 2 Meeting of the Union City Board of Commissioner, 3 being held on Tuesday, March 1st, 2016, at seven 4 p.m., at the Housing Authority Hillside Pavilion, 5 3911 Kennedy Boulevard, 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 -- Meeting Act. 15 Adequate notice of this meeting has been 16 provided as follows: 17 Notice of this meeting setting forth the 18 time, the date, location, and the agenda, to the 19 extent known, was forwarded to The Jersey 20 Journal, The Record, The Hudson Reporter, has 21 been posted on bulletin board in City Hall and 22 has been made available to the public in the 23 office of Municipal Clerk. 24 25 ROLL CALL:  4 1 2 ACTING CITY CLERK: Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Here. 5 ACTING CITY CLERK: Commissioner Rivas? 6 COMMISSIONER RIVAS: Here. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Here. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Here. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Here. 14 15 COMMUNICATION(S): 16 17 1. Presentation Honoring the Union City Girls 18 Swimming Team 2015-2016 Hudson County Champions 19 20 ACTING CITY CLERK: First item we have 21 presentation honoring the Union City Girls 22 Swimming Team 2015-2016 Hudson County Champions. 23 MAYOR STACK: I would -- I would first like 24 to say, on behalf of the Board of Commissioners, 25 --  5 1 And I know that Commissioner Valdivia is 2 also going to speak and, of course, any other 3 Commissioner that would like to speak. 4 -- we’d like to congratulate the team on 5 the great victory that you had. 6 Thank you for making Union City proud. 7 Not only with this win, -- not only with 8 winning your championship but being who you are 9 every single day and the great job you do in 10 school. Participating in the swim program is 11 outstanding but thank you and thanks to your 12 parents. 13 Thank you very much, everyone. 14 (Applause.) 15 COMMISSIONER VALDIVIA: Yes, good evening. 16 I would like to congratulate the girls for 17 winning the County Championship; for making Union 18 City -- putting us on the map on a very -- very 19 proud way. 20 I’d like to thank all the parents that are 21 here. 22 I got a call from Ilky (phonetic), who’s in 23 charge of the pools, when you girls won the 24 championship and I’m very proud of you. You’re 25 making Union City proud and your parents, I know,  6 1 are very proud of you and congratulations again. 2 Thank you. 3 COMMISSIONER MARTINETTI: Coaches. 4 MAYOR STACK: Thank you. 5 (Applause.) 6 COMMISSIONER VALDIVIA: And the -- and I -- 7 I got to mention Anthony, my friend back there, 8 the coach. 9 Good job, Coach. 10 MAYOR STACK: Absolutely. 11 COMMISSIONER VALDIVIA: He’s also one of 12 our -- 13 (Applause.) 14 COMMISSIONER VALDIVIA: And Peter over 15 here, -- congratulations. 16 (Applause.) 17 MAYOR STACK: Congratulations to the 18 coaches also. 19 Thank you very much. Thank you. 20 Thank you both. 21 COMMISSIONER FERNANDEZ: On behalf of the 22 Mayor and the Board of Commissioners, Coach Peter 23 will be presenting Certificates of Appreciation 24 to the team. 25 MR. SINAGRA: When I call you up, please  7 1 come up. 2 Thank you. 3 (Whereupon, there was a pause in the 4 proceedings.) 5 COMMISSIONER MARTINETTI: Okay, now we’re 6 all set. 7 MR. SINAGRA: Okay. 8 9 (Whereupon, a Certificate of Appreciation 10 was awarded to the following Union City High 11 School Girls Swimming Team 2015-2016 Hudson 12 County Champions: 13 14 Bianca Alvarez; 15 Vivian Andrade; 16 Jada Arrazcaeta; 17 Vanessa Cerna; 18 Joselyn Chavarriaga; 19 Kelsey Cordero; 20 Adriana Coronel; 21 Susy Coronel; 22 Eliana De La Cruz; 23 Mila Delima; 24 Lily Fung; 25 Jennifer Hernandez;  8 1 Maya Hernandez; 2 Victoria Herrera; 3 Abrieliz Javier; 4 Alea Lopez; 5 Natasha Lopez; 6 Christina Maldonado; 7 Jocelin Morales; 8 Tabatha Orellana; 9 Amada Ponce; 10 Gabriela Romero; 11 Dayanara Sanchez; 12 Rushali Shah; 13 Amarisa Torres; 14 Josselyn Torres; 15 Amber Uloa; 16 Valeria Valverde; 17 Guadalupe Genis (NOT PRESENT); and 18 Renata Torres.) 19 20 MAYOR STACK: Just have -- just have Erin 21 do that for you; she’ll take care of it. 22 MR. SINAGRA: Absolutely. 23 From the Boys Team; represented the Union 24 City Swim Team this weekend in the 50 Freestyle 25 at the State Meet of Champions, Mr. Michael Seo.  9 1 (Applause.) 2 MAYOR STACK: Congratulations. 3 Thank you. 4 MR. SINAGRA: Our Assistant Coach, Mr. 5 Stephen Petric. 6 (Applause.) 7 MR. SINAGRA: Thanks a lot, Steve. 8 Our Boys Head Coach, Anthony Snarski. 9 (Applause.) 10 MR. SINAGRA: Here you go, sir. Congrats, 11 as always. 12 MAYOR STACK: Congratulations. 13 MR. SINAGRA: And this is the Union City 14 Swimming Program for 2016. 15 MAYOR STACK: Great job. 16 Thank you very much everyone. 17 (Applause.) 18 MR. PETRIC: Excuse me, Mr. Mayor -- Mr. 19 Mayor, Board of Commissioners, -- 20 ACTING CITY CLERK: Can he get your -- your 21 name? 22 MR. PETRIC: -- people of the public -- 23 MR. SINAGRA: Oh. 24 MR. PETRIC: -- the man who was responsible 25 for --  10 1 MR. DILLON: I need your -- need your name? 2 MR. PETRIC: -- keeping these young ladies 3 together -- 4 MR. SINAGRA: Peter Sinagra. 5 MR. PETRIC: -- and united, making sure 6 that Union City is proud, all his hard work and 7 dedication has paid off to give Union City -- the 8 City of Union City, this Board of Education, its 9 first ever Union City High School Girls County 10 Championship; our Head Coach Peter Sinagra. 11 (Applause.) 12 MAYOR STACK: Thank you very much. 13 Thank you again to the parents that are 14 here. Thank you to the team; you made us very 15 proud. 16 And we’ll continue to support the program. 17 Anything that we can do, please don’t hesitate, 18 we’re here to help you. 19 Thank you very much everyone. 20 (Applause.) 21 (Whereupon, there was a pause in the 22 proceedings.) 23 24 (Whereupon, the Board recessed from 25 7:13 p.m. to 7:26 p.m.)  11 1 2 APPROVAL OF PREVIOUS MEETING MINUTES FROM 3 FEBRUARY 2, 2016: 4 5 ACTING CITY CLERK: Next item is Approval 6 of Previous Meeting Minute -- Minutes held on 7 February 2nd, 2016, be approved and recorded. 8 Do I have a motion? 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion by Mayor Stack. 11 Second? 12 COMMISSIONER FERNANDEZ: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Fernandez. 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?  12 1 MAYOR STACK: Yes. 2 3 ORDINANCES FOR HEARING AND ADOPTION 4 CONSIDERATION: 5 6 ( ) AN ORDINANCE AMENDING CHAPTER 334 OF THE 7 CODE OF THE CITY OF UNION CITY ENTITLED “RENT 8 STABILIZATION” 9 10 ACTING CITY CLERK: Next item there’s 11 Ordinance for Hearing and Adoption Consideration. 12 First Ordinance is Amending Chapter 334 of 13 the Code of the City of Union City Entitled Rent 14 Stabilization. 15 MS. NOVA: This Ordinance has to do with 16 owner-occupied four, five, and six-family units. 17 The owners of four, five, and six-family 18 buildings, as part of their registration, must 19 file an affidavit stating that they reside in 20 building and comply with the regulations 21 established by the Rent Stabilization Board. 22 These regulations shall set forth criteria 23 to establish proof of residency. 24 MAYOR STACK: This is basically being done 25 so we make sure those owner-occupied houses are  13 1 really owner-occupied. 2 That somebody’s not just saying that 3 they’re living there and they’re really not 4 living there and taking advantage in trying to 5 decontrol the units and they don’t live there. 6 So they would have to provide certain types 7 of proof that they actually live at the property; 8 their children are registered in Union City 9 schools, cable TV bills. Also there’s other 10 examples; PSE&G for an apartment bill, a house 11 meter bill -- besides the hallway lights. They 12 would have to show that they have proof that they 13 live in this six-family house, so they would not 14 be able to enjoy the benefits of being able to 15 decontrol. 16 We’re just looking to preserve affordable 17 housing and rent control in the City of Union 18 City, making sure people are honest about if 19 they’re living there; that they show documented 20 proof of doing so. 21 Anyone wishing to comment on this Ordinance 22 at this time, please step forward, state your 23 name and address for the record. 24 Seeing none. 25 ACTING CITY CLERK: Is there a motion for  14 1 this Ordinance to adopt? 2 MAYOR STACK: Motion. 3 ACTING CITY CLERK: Motion by Mayor Stack. 4 COMMISSIONER FERNANDEZ: 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 ACTING CITY CLERK: Is there a motion to 20 adopt -- 21 MAYOR STACK: Motion. 22 ACTING CITY CLERK: -- an Ordinance 23 Amending Chapter 334 of the Code of the City of 24 Union City Entitled -- Entitled Rent 25 Stabilization?  15 1 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 18 ORDINANCES FOR HEARING AND ADOPTION 19 CONSIDERATION: 20 21 ( ) AN ORDINANCE AMENDING CHAPTER 296 OF THE 22 CODE OF THE CITY OF UNION CITY ENTITLED “PEACE 23 AND GOOD ORDER” (Short Term Rental) 24 25 ACTING CITY CLERK: Next Ordinance Amending  16 1 Chapter 296 of the Code of the City of Union City 2 Entitled Peace and Good Order, Short Term Rental. 3 MS. NOVA: This Ordinance was put in for -- 4 to revise and clarify the definitions of vacation 5 rental as they are in the current ordinance. 6 This has to do with exclusive transient use 7 for 30 days or less. That is what a vacation 8 rental would be considered, pursuant to the 9 Ordinance for Short Term Rentals. 10 MAYOR STACK: This -- we’re still -- we’ve 11 been meeting with some of the -- some of the 12 individuals in the City who I had a meeting on 13 Friday with; about 15 that are doing Airbnb. I 14 committed to them that on the penalty stage we 15 would hold off on the Ordinance. 16 We’re just going forward with -- we 17 originally introduced and the penalty phases of 18 the fine phase will be held off until after I 19 meet with them again or possibly several meetings 20 again. 21 Anyone wishing to comment at this time, 22 please step forward. 23 Seeing none. 24 Motion. 25 ACTING CITY CLERK: Is there a --  17 1 Motion made by Mayor Stack. 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: Yes. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Yes. 17 ACTING CITY CLERK: Is there a motion to 18 adopt -- 19 COMMISSIONER VALDIVIA: Motion. 20 ACTING CITY CLERK: -- this Ordinance? 21 Motion by -- 22 COMMISSIONER MARTINETTI: Second. 23 ACTING CITY CLERK: -- Commissioner 24 Valdivia. 25 Second by Commissioner Martinetti.  18 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 CONSENT AGENDA: 15 16 ( 1) Resolution Approving the Payment of Claims 17 ( 2) Resolution Approving the Payment of 18 Concurring Claims 19 ( 3) Resolution Approving the City Payroll for 20 the Period of February 6, 2016 through February 21 19, 2016 22 ( 4) Resolution Approving the Library Payroll 23 for the Period of February 6, 2016 through 24 February 19, 2016 25 ( 5) Resolution Designating Bank Account  19 1 Signatories 2 ( 6) Resolution Authorizing Cancellation of 3 Federal and State Grant 4 ( 7) Resolution Authorizing the Filing of an 5 Application to the County Trust Fund Improvement 6 Program for Improvement to the 11th Street 7 Playground 8 ( 8) Resolution Approving State Contract #A88731 9 with Beyer Chrysler Dodge Jeep Ram for the 10 Purchase of Two RAM 1500 Crew Cab Trucks 11 ( 9) Resolution Approving State Contact (sic) 12 #A88758 with Cherry Hill Winner Ford for the 13 Purchase of Six 2016 Ford F350 Trucks 14 (10) Resolution Approving State Contract #88268 15 with Cliffside Body Corp for Repair of Snow Plows 16 (11) Resolution Awarding Lease for Tent 17 Structures for the DPW Equipment Storage with 18 Mahaffey Fabric Structures 19 (12) Resolution Approving the 2015-2016 Renewal 20 of Ricky’s Frontier t/a Ricky’s Frontier, Located 21 at 1218 Kennedy Boulevard, Liquor License No. 22 0910-33-104-002 23 (13) Resolution Authorizing the Refund of an 24 Overpayment made for Real Estate Taxes on Block 25 217, Lot 3 C0303 Also Known as 140 36 th Street  20 1 (14) Resolution Authorizing the Clerk to 2 Advertise Bids for the Purchase of Chlorine & 3 Pool Chemicals 4 (15) Resolution Authorizing the Clerk to 5 Advertise Bids for Baseball Equipment & Uniforms 6 (16) Resolution Authorizing the Refund of a 7 Duplicate Payment for Real Estate Taxes on Block 8 27, Lot 3 C0701 Also Known as 605 New York Avenue 9 (17) Resolution Authorizing the Refund of 10 Redemption Monies to Outside Lienholders 11 (18) Resolution Authorizing the Refund of 12 Premium Monies Collected at the Tax Sale 13 (19) Any other matter of City business that may 14 arise 15 16 ACTING CITY CLERK: Next item is the 17 Consent Agenda. 18 First item is Resolution Approving the 19 Payment of Claims. 20 Item 2. 21 Resolution Approving the Payment of 22 Concurring Claims. 23 Item 3. 24 Resolution Approving the City Payroll for 25 the Period of February 6, 2016 through February  21 1 19, 2016. 2 Item 4. 3 Resolution Approving the Library Payroll 4 for the Period of February 6th, 2016 through 5 February 19, 2016. 6 Item 5. 7 Resolution Designating Bank Account 8 Signatories. 9 Item 6. 10 Resolution Authorizing Cancellation of 11 Federal and State Grant. 12 Item 7. 13 Resolution Authorizing the -- the Filing of 14 an Application to the County Trust Fund 15 Improvement Program for Improvement to the 11 th 16 Street Play -- Playground. 17 Item 8. 18 Resolution Approving State Contract Number 19 A88731 with Beyer Chrysler Dodge Jeep Ram for the 20 Purchase of Two RAM 1500 Crew Cab Trucks. 21 Item 9. 22 Resolution Approving State Contract Number 23 A88758 with Cherry Hill Winner -- Winner Ford for 24 the Purchase of Six 2016 Ford F350 Trucks. 25 Item 10.  22 1 Resolution Approving State Contract Number 2 88268 with Cliffside Body Corp. for Repair of 3 Snow Plows. 4 Item 11. 5 Resolution Awarding Lease for Tent 6 Structures for the DPW Equipment Storage with 7 Mahaffey Fabric Structures. 8 Item 12. 9 Resolution Approving the 2015-‘16 Renewal 10 of Ricky Frontier also known as Ricky Frontier, 11 Located at 1218 Kennedy Boulevard, Liquor License 12 Number 0910-33-104-002. 13 Item 13. 14 Resolution Authorizing the Refund of an 15 Overpayment Made for Real Estate Taxes on Block 16 217, Lot 3 C0303 Also Known as 140 36 th Street. 17 Item 14. 18 Resolution Authorizing the Clerk to 19 Advertise Bids for the Purchase of Chlorine and 20 Pool Chemicals. 21 Item 15. 22 Resolution Authorizing the Clerk to 23 Advertise Bids for Baseball Equipment and 24 Uniforms. 25 Item 16.  23 1 Resolution Authorizing the Refund of a 2 Duplicate Payment for Real Estate Taxes on Block 3 27, Lot 3 C0701 Also Known as 605 New York 4 Avenue. 5 Item 17. 6 Resolution Authorizing the Refund of 7 Redemption Monies to Outside Lienholders. 8 Item 18. 9 Resolution Authorizing the Refund of 10 Premium Monies Collected at Tax Sale. 11 Mayor, do you -- do you wish to take public 12 comment on any item on the Consent Agenda at this 13 time? 14 MAYOR STACK: Sure. 15 Just before we do on the -- the Application 16 to the County Trust Fund; this is for matching 17 funds with the County on the playground that 18 we’re currently building on 11 th and -- and West 19 Street -- 11th Street and West. 20 This should be open -- 21 This will be dedicated to police officers 22 that have fallen in the line of duty. 23 This should be opened up sometime -- we’re 24 looking to open it around May 5th, which should be 25 right before Police Week; a dedication to the  24 1 police officers, not only in Union City but 2 across the country, that put their lives on the 3 line every day to keep us safe. 4 I’d like to praise the Board of 5 Commissioners and Commissioner Valdivia for the 6 great job they’ve done in making sure that this 7 park is being renovated. 8 It’s going to have an eternal flame powered 9 by electric -- obviously, not by gas but by 10 electric that will burn at the park in honor of 11 those police officers. 12 There will be a small water park there and 13 a monument. 14 We’re also paving those streets, from 11th 15 Street from Bergenline to West and from West to 16 Central. Those will be totally repaved. 17 New tree planting will be going up. 18 Additional lighting will be going up also. 19 Having said that, on a lot of this stuff 20 for Body -- for Cliffside Body for Repair of Snow 21 Plows, equipment, the Dodge Jeep RAM, and several 22 other items on here, the tent structure. 23 I’d like to praise the Department of Public 24 Works, Commissioner Rivas and all the 25 Commissioners but specifically Commissioner Rivas  25 1 for the great job they’ve done during the 2 blizzard that we had and the other snowfall that 3 we had. 4 Hopefully we don’t get anymore snow this 5 year but they’ve done a great job in really 6 keeping our streets clear. 7 The men and women of the DPW, specifically 8 Kathy Garretson, has done an -- an outstanding 9 job in running that Department. 10 The DPW is truly I would have to say the 11 second 24/7 agency in the City -- with the Police 12 Department being first -- about truly how much -- 13 how hard they work. 14 Literally, many of those employees are in 15 very early; leave very late. The dedication and 16 the evening hours, weekends. Seven days a week 17 we have people out there sweeping the streets and 18 they do a terrific job in really keeping our 19 streets clear and -- and really making us proud. 20 And, Commissioner, you deserve that credit. 21 Oh, on 5th and -- on 5th Street also we just 22 put up a salt bay on 5th and Summit. It was just 23 constructed. That will give us more access to 24 salt in the City. We’ll be able to purchase more 25 salt as part of the -- the bid that we go out for  26 1 in conjunction with other cities in the County 2 where we can store salt safely; it doesn’t get 3 wet; it doesn’t face the elements of the weather. 4 So, having said that, I’m proud to support 5 those items on the agenda and I thank each and 6 every Commissioner for their dedication on these 7 items. 8 Anyone wishing to comment on the Consent 9 Agenda, please step forward, state your name and 10 address for the record. 11 Seeing none. 12 ACTING CITY CLERK: Is there a -- there a 13 motion to close the public comment on the Consent 14 Agenda? 15 COMMISSIONER VALDIVIA: Motion. 16 ACTING CITY CLERK: Motion by Commissioner 17 Valdivia. 18 COMMISSIONER FERNANDEZ: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Fernandez. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  27 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: I’m recusing from 6 any payments to the North Hudson Fire Regional 7 and to the law firm of Adolfo Lopez and Diaz. 8 Aye on the rest. 9 ACTING CITY CLERK: Mayor Stack? 10 MAYOR STACK: Yes. 11 ACTING CITY CLERK: Is there a motion to 12 approve all items on the Consent Agenda? 13 COMMISSIONER VALDIVIA: Motion. 14 ACTING CITY CLERK: Motion by Commissioner 15 Valdivia. 16 COMMISSIONER RIVAS: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Rivas. 19 Roll -- roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes with the 22 exception of number 18 as it pertains to Brown 23 Street; otherwise yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  28 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: With the 6 exception noted on the record; and aye on the 7 rest. 8 ACTING CITY CLERK: Mayor Stack? 9 MAYOR STACK: Yes. 10 11 ORDINANCE(S) FOR INTRODUCTION: 12 13 (1.) AN ORDINANCE CANCELLING CERTAIN UNFENDED 14 (sic) APPROPRIATION BALANCES PROVIDED FOR VARIOUS 15 CAPITAL PROJECTS 16 17 ACTING CITY CLERK: Next items are 18 Ordinances is for Introduction. 19 These Ordinances will be further considered 20 at a meeting of the Board of Commissioners to be 21 held on March 15, 2016, at seven p.m. at the Holy 22 Cross Armenian Center, 2610 Bergenline Avenue, 23 Union City, New Jersey. 24 First Ordinance is Cancelling Certain -- 25 Certain Unfunded Appropriation Balances Provided  29 1 for Various Capital Projects. 2 MAYOR STACK: Motion. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 COMMISSIONER MARTINETTI: Second. 6 COMMISSIONER FERNANDEZ: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Fernandez. 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 (2.) AN ORDINANCE AMENDING CHAPTER 155-12 OF THE 25 CODE OF THE CITY OF UNION CITY ENTITLED “UNIFORM  30 1 CONSTRUCTION CODE FEES” 2 3 ACTING CITY CLERK: Next Ordinance Amending 4 Chapter 155-12 of the Code of the City of Union 5 City Entitled Uniform Construction Code Fees. 6 MAYOR STACK: Motion. 7 ACTING CITY CLERK: Motion by Mayor Stack. 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 Recusing. 21 Mayor Stack? 22 MAYOR STACK: Yes. 23 24 REGULAR AGENDA: 25  31 1 1. Resolution Authorizing Amendments be Made 2 to the 2016 Approved Budget 3 4 ACTING CITY CLERK: Next item is the 5 Regular Agenda. 6 First item is Resolution Authorizing 7 Amendments to be Made to the 2016 Approved 8 Budget. 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion by Mayor Stack. 11 COMMISSIONER FERNANDEZ: Second. 12 ACTING CITY CLERK: Second by Commissioner 13 Fernandez. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Yes. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  32 1 2 REGULAR AGENDA: 3 4 2. Resolution Authorizing Payment to the 5 Hudson County Improvement Authority 6 7 ACTING CITY CLERK: Next item is Payment -- 8 Resolution Authorizing Payment to the Hudson 9 County Improvement Authority. 10 MAYOR STACK: Motion. 11 ACTING CITY CLERK: Motion by Mayor Stack. 12 COMMISSIONER VALDIVIA: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Valdivia. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 Recusing. 20 Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 Recusing. 25 Mayor Stack?  33 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 3. Resolution Authorizing Payment to the Union 6 City Board of Education 7 8 ACTING CITY CLERK: Next item is Resolution 9 Authorizing Payment to the Union City Board of 10 Education. 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER RIVAS: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Rivas. 16 ACTING CITY CLERK: Roll call. 17 Commissioner -- Commissioner Fernandez? 18 Recusing. 19 MS. NOVA: One minute. 20 Based on the doctrine of necessity in this 21 case Commissioner Valdivia will be voting on this 22 item. 23 ACTING CITY CLERK: Commissioner Fernandez? 24 Recusing. 25 Commissioner Rivas?  34 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 Recusing. 7 Mayor Stack? 8 MAYOR STACK: Yes. 9 10 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 11 12 ACTING CITY CLERK: Mayor, there are no 13 other items on the Regular Agenda. 14 Do you wish to take public comment on any 15 item -- 16 MAYOR STACK: Sure. 17 ACTING CITY CLERK: -- on the Consent 18 Agenda -- I mean the -- 19 MAYOR STACK: Anyone wish -- 20 ACTING CITY CLERK: -- Regular Agenda? 21 MAYOR STACK: Sure. 22 Anyone wishing to address the Board of 23 Commissioners at this time please step forward, 24 state your name and address for the record -- on 25 any matter concerning municipal government in the  35 1 City of Union City. 2 Seeing none. 3 ACTING CITY CLERK: Is there a motion to 4 close the public comment portion of -- 5 COMMISSIONER RIVAS: Motion. 6 ACTING CITY CLERK: -- this meeting? 7 COMMISSIONER MARTINETTI: Second. 8 ACTING CITY CLERK: Motion by Mayor Stack. 9 Second by Commissioner Martinetti. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: 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 ACTING CITY CLERK: Mr. Farmer? 23 (Whereupon, there was a pause in the 24 proceedings. 25 MAYOR STACK: Mr. Farmer?  36 1 Oh, I’m sorry. 2 3 (Whereupon, there was a pause in the 4 proceedings.) 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  37 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Manhattan Bar & Grill Restaurant 4 t/a Manhattan Bar & Grill 5 1711 Manhattan Avenue 6 Liquor License No. 0910-33-188-004 7 8 MR. FARMER: Okay. 9 We’re ready? 10 MR. DILLON: Yeah. Ready. 11 (Whereupon, there was a pause in the 12 proceedings.) 13 ACTING CITY CLERK: Oh, sorry. 14 Go ahead, Mr. Farmer. 15 (Whereupon, there was a pause in the 16 proceedings.) 17 18 * * * 19 20 MANHATTAN BAR & GRILL RESTAURANT 21 t/a MANHATTAN BAR & GRILL 22 1711 Manhattan Avenue 23 Liquor License No. 0910-33-188-004 24 25 MR. FARMER: Okay.  38 1 Good evening, members of the Board. 2 The -- there’s only one matter on your 3 calendar; Manhattan Bar and Grill. And I might 4 say that this is the last disciplinary hearing 5 that we have pending. 6 That can change by next week, believe me. 7 But this is a situation where there was a 8 special condition on the license about music. 9 And apparently there was a birthday party going 10 on and they had some music going on after the 11 hours. The Police were there; they saw it and 12 went in and gave a violation. 13 Even though we’ve had a condition on this 14 license for -- since January or even longer, this 15 is really the first time there’s ever been an 16 incident and this was rather minor. 17 I’ve spoken to Mr. Diaz and also Detective 18 Dunlay, who’s been very active with respect to 19 the plea negotiations, and I would recommend a 20 three day suspension. 21 And the licensee is in agreement. Mr. Diaz 22 is in agreement. And Detective Dunlay’s in 23 agreement. 24 So I would rec -- 25 MAYOR STACK: This will include a weekend?  39 1 MR. FARMER: No, it would not include a 2 weekend. 3 MAYOR STACK: Okay. 4 What -- what’s their normal day -- what’s 5 their normal day that they’re closed? 6 MR. FARMER: That’d be -- be during the 7 week. 8 MAYOR STACK: Yeah, what -- what day are 9 they closed though? 10 What day are they normally closed? 11 MR. DIAZ: On Monday, Tuesday, -- 12 It would be three days during the week; 13 Monday, -- 14 MAYOR STACK: No, I understand -- 15 MR. DIAZ: -- Tuesday and Wednesday. 16 MAYOR STACK: -- I understand that. 17 What day are they normally closed during 18 the week? 19 MR. DIAZ: I do not know. I can ask. 20 MAYOR STACK: Can we find that out? 21 It’s a problem place. It’s a problem 22 place. It’s a problem. It’s a problem. The 23 whole place is a problem. 24 I passed by Saturday night, people were all 25 over the place.  40 1 COMMISSIONER FERNANDEZ: Wrong place. It’s 2 in the wrong place. 3 MR. DIAZ: Mayor, it’s open seven days. 4 MAYOR STACK: Seven days? Okay. 5 Okay, Mr. Farmer. 6 ACTING CITY CLERK: Is there a motion to 7 approve? 8 MR. DIAZ: And as Mr. Farmer indicated, it 9 was a minor event; few minutes after the -- the 10 12 o’clock on weekend of New Year’s. And they 11 were doing a birthday -- finishing up the -- the 12 birthday party with a birthday singing. 13 MAYOR STACK: Just -- just to make sure 14 going forward though, that there’s better 15 management of the establishment; that people 16 aren’t outside -- that people aren’t outside 17 hanging out in front of the place under the 18 disguise of smoking, that there’s cars not parked 19 literally on the corner. 20 I passed by there the other night, cars are 21 on the corner. 22 I’ve seen them myself, ma’am, I disagree 23 with you. I seen it myself. 24 I drive the area constantly. Constantly I 25 drive the City. I drove the City Saturday night  41 1 till 2:30 in the morning. 2 We spent a lot of money in that area; 3 renovating the area, fixing the sidewalks. You 4 have a grammar school a couple -- not even -- not 5 even 300 -- 200 feet away; a brand new grammar 6 school. 7 It’s a very, very residential area. It’s a 8 very densely populated area like the rest of our 9 City and we have to be respectful of our 10 neighbors. 11 I’ll make a motion to approve it. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER RIVAS: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Rivas. 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: Recusing.  42 1 ACTING CITY CLERK: Commissioner 2 Martinetti; recusing. 3 Mayor Stack? 4 MAYOR STACK: Yes. 5 MR. DIAZ: Thank you. 6 Good night. 7 MR. FARMER: Okay. 8 But call and give me the day when. 9 10 * * * 11 12 ADJOURNMENT: 13 14 ACTING CITY CLERK: Mayor, there are no 15 other -- no other items on the agenda. 16 Is there a -- 17 COMMISSIONER RIVAS: Motion. 18 ACTING CITY CLERK: -- motion to adjourn? 19 MAYOR STACK: Motion. 20 ACTING CITY CLERK: Motion by Mayor Stack. 21 COMMISSIONER FERNANDEZ: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Fernandez. 24 Roll call. 25 All in favor?  43 1 2 (Whereupon, there was a chorus of ayes.) 3 4 MAYOR STACK: Have a good night everybody. 5 Thank you. 6 7 (Whereupon, the proceedings were concluded 8 at 7:44 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  44 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  45 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, March 1, 2016, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Monitored by: Kevin Dillon, Jr. 25 Proofread by: Deborah Dillon