Board of Commissioners - RESCHEDULED - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Union Hill Middle School 3800 Hudson Avenue Union City, New Jersey Tuesday, June 30, 2015 Commencing at 7:00 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER TILO E. RIVAS, COMMISSIONER M E M B E R S A B S E N T: A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: MONICA E. de los RIOS, ESQ. Corporation Counsel SUSAN COLDITZ, Chief Financial Officer DAVID SPATZ, Consultant, Community Housing & Planning Associates, Inc.  2 I N D E X PAGE CALL TO ORDER 3 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3 ORDINANCE FOR HEARING AND ADOPTION 4, 6, 25,28 CONSENT AGENDA 31 REGULAR AGENDA 40,42, 43,55 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 47 ADJOURNMENT 58  3 1 ACTING CITY CLERK: This is a Regular 2 Meeting of the Union City Board of Commissioner, 3 being held on Tuesday, June 30th, 2015, at seven 4 p.m., at the Union Hill Middle School, 3800 5 Hudson 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. Adequate 15 notice of this meeting has been provided as 16 follows: 17 Notice of this meeting setting forth the 18 time, the date, location, and the agenda, to the 19 extent known, was forwarded to The Jersey 20 Journal, The Record, and The Hudson Reporter, 21 have been posted on bulletin board in City Hall, 22 and has been made available to the public in the 23 office of the 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 ORDINANCES FOR HEARING AND ADOPTION 16 CONSIDERATION: 17 18 ( ) ORDINANCE AMENDING CHAPTER 366 OF THE CODE 19 OF THE CITY OF UNION CITY ENTITLED “STREETS AND 20 SIDEWALKS” 21 22 ACTING CITY CLERK: First item is an 23 Ordinance for -- for Hearing and Adoption 24 Consideration. 25 An Ordinance Amending Chapter 366 of the  5 1 Code of the City of Union City Entitled Streets 2 and Sidewalk. 3 COMMISSIONER VALDIVIA: Move it. 4 MAYOR STACK: Anyone wishing to comment on 5 this Ordinance at this time, please step forward, 6 state your name and address for the record. 7 COMMISSIONER RIVAS: I’ll second. 8 MAYOR STACK: Seeing none. 9 ACTING CITY CLERK: Is there -- 10 MAYOR STACK: Motion. 11 ACTING CITY CLERK: -- a motion to close 12 public hearing? 13 Motion by Mayor Stack. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 Valdivia. 17 Roll call. 18 Commissioner Fernandez? 19 COMMISSIONER FERNANDEZ: Yes. 20 ACTING CITY CLERK: Commissioner Rivas? 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti?  6 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 ACTING CITY CLERK: Is there a motion to 5 adopt? 6 MAYOR STACK: Motion. 7 COMMISSIONER VALDIVIA: Move it. 8 ACTING CITY CLERK: Motion; Mayor Stack. 9 Second by Commissioner Valdivia. 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 23 ORDINANCES FOR HEARING AND ADOPTION 24 CONSIDERATION: 25  7 1 ( ) ORDINANCE AMENDING CHAPTER 223 “LAND 2 DEVELOPMENT” OF THE CODE OF THE CITY OF UNION 3 CITY 4 5 ACTING CITY CLERK: Next Ordinance Amending 6 Chapter 223, Land Development of the Code of the 7 City of Union City. 8 MAYOR STACK: Anyone wishing to comment on 9 this Ordinance at this time, please step forward, 10 state your name and address for the record. 11 You could -- you could stand right over 12 here, Libero. Right behind the chair there; we 13 should be able to pick it up right here. 14 MR. MAROTTA: Thank you. 15 Libero Marotta, 311 9th Street. 16 I would like to know, Mayor, who prepared 17 this Ordinance? 18 MAYOR STACK: I believe -- it was prepared 19 by the Corporation Counsel’s office, I believe. 20 MS. de los RIOS: That is correct, Mayor. 21 MAYOR STACK: Right? 22 MR. MAROTTA: How many people were involved 23 in preparing the Ordinance? 24 MAYOR STACK: I’ll turn it to Monica at 25 this point.  8 1 Monica? 2 MR. MAROTTA: How many people were 3 involved? 4 MS. de los RIOS: It was counsel’s office; 5 it was the office that was responsible -- 6 MR. MAROTTA: How many lawyers were 7 involved in preparing it? 8 MS. de los RIOS: More -- 9 MR. MAROTTA: In addition to yourself. 10 MS. de los RIOS: You presume that it was 11 me. It was -- it was not me. It was another 12 attorney in the office. 13 MAYOR STACK: What attorney was it though? 14 MR. MAROTTA: Okay. That’s all right. 15 MAYOR STACK: What -- what attorney 16 prepared it? 17 MS. de los RIOS: It was Kara Kaczynski. 18 MAYOR STACK: Kara Kaczynski prepared it. 19 MR. MAROTTA: And she wasn’t present at the 20 meeting of April 7th. 21 Is that correct? 22 MS. de los RIOS: That is not correct; she 23 was present for that meeting. 24 MR. MAROTTA: She was present? 25 MS. de los RIOS: Yes she was.  9 1 MR. MAROTTA: All right, the reason I ask 2 these questions is because the Ordinance, Mayor, 3 as published in The Journal, -- and it makes 4 reference to -- at the meeting of April 7th, 2015, 5 the Board of Commissioners further discussed the 6 proposed Ordinance and in response to comments 7 from the public determined to amend the language 8 of the proposed Ordinance. 9 The language in the Ordinance as published 10 is not the language that was used the night of 11 April 7th. Okay? 12 So my question is this. It says here, 13 amending the language to require that the 14 developers of properties within the City’s public 15 P District, utilized their best efforts. 16 I’d like the definition of best efforts. 17 MS. de los RIOS: That term is not defined 18 in the Ordinance. 19 MR. MAROTTA: Excuse me? 20 MS. de los RIOS: That term is not defined 21 in the Ordinance. 22 MR. MAROTTA: Well, what’s the definition? 23 You wrote the Ordinance or you took part in 24 it. What’s the definition of best efforts? 25 MS. de los RIOS: That the -- the developer  10 1 must try to keep the number of parking spaces 2 that were -- were originally available, given 3 whatever that project is that -- that they are 4 putting forth. 5 MR. MAROTTA: Well why wasn’t that put in 6 the Ordinance then? 7 Why didn’t the Ordinance say that the 8 developer shall provide off-street parking for 9 the number of parking spaces that are already on 10 the lot and for those that are required for the 11 building? 12 MS. de los RIOS: Because that is -- that 13 is -- that is different, Mr. Marotta. What 14 you’re saying is different. 15 MAYOR STACK: Just if you could keep your 16 -- 17 MR. MAROTTA: I know what you’re saying -- 18 MAYOR STACK: -- voice up. 19 MR. MAROTTA: -- is different. 20 MS. de los RIOS: Okay. I’m sorry. 21 MR. MAROTTA: I know what you’re saying is 22 different. What you’re saying is not what we 23 discussed at the meeting of April 7th. 24 Mayor, there’s a big difference. 25 Not only that if you’re going to put that  11 1 in this Ordinance, the Union City Ordinance has 2 definitions, then you’ll have to amend the 3 definition clause to put a definition for this 4 wordage. 5 This wordage appears -- 6 I have it here. 7 -- one, two, three times in the Ordinance 8 and also in the summary. 9 If you go ahead with it – 10 Number one, question is this, who makes the 11 determination and the decision that the -- the 12 developer, whoever the developer is, provided 13 their best efforts? 14 Who makes that decision? 15 Could you tell me? 16 MS. de los RIOS: Mayor, may I? 17 MAYOR STACK: Sure. 18 MS. de los RIOS: Sure. There -- there 19 will be questions asked by both this Board when 20 that plan or that -- that project comes -- comes 21 up. 22 MR. MAROTTA: Well, who makes the decision? 23 MS. de los RIOS: It will be this Board. 24 MR. MAROTTA: The Commissioners? 25 MS. de los RIOS: To make those -- those  12 1 questions, -- 2 MR. MAROTTA: Well, Commissioners -- 3 MS. de los RIOS: -- they can. 4 MR. MAROTTA: -- don’t make that decision. 5 MS. de los RIOS: They can make those 6 questions. 7 MR. MAROTTA: The developers go before a 8 Zoning Board or before a Planning Board; not 9 before the Commissioners. 10 So who makes the decision? 11 MS. de los RIOS: It would be the Board, 12 the Planning Board at that -- at that instance 13 who asks -- 14 MR. MAROTTA: How come it’s not in the 15 Ordinance? 16 MS. de los RIOS: It doesn’t need to be in 17 the Ordinance. 18 MR. MAROTTA: Doesn’t need to be? 19 MS. de los RIOS: No. 20 MR. MAROTTA: Why not? 21 MS. de los RIOS: It does not need to be in 22 there. 23 MR. MAROTTA: It should be there. Was it 24 more clarified? 25 MS. de los RIOS: I --  13 1 MAYOR STACK: I think -- I think what Mr. 2 Marotta’s looking for, he’s looking for a 3 guarantee that if the Board of Education, for 4 instance, develops the 35th Street parking lot, -- 5 MS. de los RIOS: Um-hum. 6 MAYOR STACK: -- that there’s going to be a 7 make up if the parking. 8 And I think where it becomes -- 9 He brings up an interesting point. Because 10 where it becomes a little interesting is that we 11 make the Board of Education come up -- let’s say 12 the Board of Education wants to build a school, 13 -- and this has been out there for a while -- on 14 the lot of 35th to 36th on -- from Bergenline to 15 Central Avenue. And they build on that lot and 16 we make the Board of Education supply the same 17 number of parking spaces and additional for the 18 teachers and the staff. 19 And then another piece of property, the 8 20 to 10 municipal lot, is done by another 21 developer. Let’s say a developer and he’s 22 building a senior building. Which is not a 23 secret, which is something I’d like to see built 24 there. And that developer is not required to 25 provide the same amount of parking he’s taking  14 1 away. I think then we run into a little bit of a 2 problem here where it’s at-will. 3 And I think -- I think what you’re looking 4 for, correct me if I’m wrong, is you’re looking 5 for a guarantee the number of spots that are 6 being taken will be made up. 7 MR. MAROTTA: Mayor, -- 8 MAYOR STACK: You mentioned 9 th and 9 Palisade, I think, last meeting. 10 Right? 11 MR. MAROTTA: Brian, at the last meeting I 12 gave an example and I gave 9th and Palisade. 13 MAYOR STACK: Yes, I remember. 14 MR. MAROTTA: And I said if there are 30 15 vehicles parked there and the -- and the Code 16 requires 10 for the building, then they must 17 provide 40. 18 And you -- and you said, yes, that’s right, 19 we will do that. 20 MAYOR STACK: I did. 21 MR. MAROTTA: This Ordinance doesn’t do 22 that. 23 MAYOR STACK: I did. I did say it at the 24 meeting. 25 MR. MAROTTA: This Ordinance doesn’t  15 1 provide for that. 2 So I’m going to suggest that you table this 3 and it be reworded and I suggest the wording be 4 that the developer shall. 5 Doesn’t hurt. 6 The developer shall provide off-street 7 parking to the number of cars that are already 8 parked there, plus the vehicles that are needed 9 for the building. 10 And if there’s a lot without cars being 11 parked there, then the number of cars that would 12 have been parked in that lot. 13 We must protect off-street parking in this 14 City. We must. 15 MAYOR STACK: I -- I agree with you on that. 16 MR. MAROTTA: So we have to just reserve 17 that you make a motion to deny the Ordinance or 18 reject it or to table it or whatever but there’s 19 got to be a change. 20 MAYOR STACK: I remember -- I remember at 21 the last meeting we spoke and I remember you 22 bringing up 9th and Palisade. And I did say 23 that’s something I would want also, to preserve 24 the number of spots there. 25 Because it doesn’t make sense to build  16 1 something on the site, especially in this case 2 where we’re mentioning -- 3 And this is something that the Board will 4 look at as a whole. 5 When we’re mentioning the Board of 6 Education, the Parking Authority, the City of 7 Union City, we could at least -- we got to set 8 the example as the municipality. And I agree 9 with that. I -- I agree with that. 10 We’ll go back and we’ll look at it again. 11 MR. MAROTTA: And, Mayor, if I may also, I 12 -- you know I’m very much concerned, as you know, 13 with off-street parking. So I did speak to a 14 developer, for his entire professional life of 15 maybe more than 30 years, all he’s done was 16 affordable housing. 17 And I asked him what’s the percentage of 18 automobiles in affordable housing. And he said 19 to me, Libero, it’s .5 per unit. In other words 20 a half a car per unit. You have ten units; five 21 off-street parking spaces. 22 I -- I heard through the grapevine that 23 we’re thinking of .25. I’m going to insist or -- 24 and ask that you insist that it be .5. And I’ll 25 tell you why I say that.  17 1 These people who live in affordable 2 housing, like everyone else, they have visitors. 3 Visitors have cars. 4 So if there’s one or two spots left open, 5 these visitors could use those spots. Okay? 6 Thank you. 7 MAYOR STACK: Thank you very much. 8 What we’ll do is we’ll make a -- we’ll make 9 a motion to table -- table the Ordinance at this 10 time; go back, rework it. 11 And I did make a commitment at that 12 meeting, Monica. And earlier today we spoke on 13 this but I failed to mention that. I did make a 14 commitment at that meeting and I want to live up 15 to my commitment and the Board’s commitment. 16 So rewrite it, using the word that the 17 developer shall. Especially on -- on these 18 properties; City-owned properties, Board of 19 Education, Parking Authority. 20 And also if the property is not parking 21 cars right now that we make up for whatever the 22 number of vehicles that could fit on that lot. I 23 think that’s the least we could do giving back to 24 the people of the City when it’s hard to find 25 parking.  18 1 Mr. Price, did you want to make a -- 2 No? 3 MR. PRICE: Actually, I mostly have a 4 question. 5 The proposed Ordinance reads, -- 6 Oh, Larry Price, 1006 Palisade. 7 MR. DILLON: Thank you. 8 MR. PRICE: Whatever. 9 Would be age-restricted housing, affordable 10 housing, and low or mid-rise apartment buildings, 11 subject to the standards of the RM District and 12 only on parking lots that are owned -- so on -- 13 by a government entity. 14 Okay. 15 It says the standards of RM District. 16 Okay. Well, one of the -- one of the questions 17 that comes up then is the RM District requires, 18 among other things, for a low-rise building 19 10,000 square feet. And for a mid-rise building 20 12 and a half thousand square feet. 21 So, when you say subject to the standards 22 of the RM District, you mean that that parking 23 lot must be that size in order to have affordable 24 housing or age-restricted housing? 25 MAYOR STACK: I -- I don’t think that was  19 1 the intent but, Mr. Spatz, could you -- could you 2 step forward, David, for a minute -- 3 MR. SPATZ: Certainly. 4 MAYOR STACK: -- just to assist. 5 Did -- I don’t know if you were able to 6 hear in the back. 7 MR. SPATZ: I did. I heard -- 8 MAYOR STACK: Could you hear? 9 MR. SPATZ: I heard -- 10 MAYOR STACK: Okay. 11 MR. SPATZ: -- the question. 12 That’s what our Ordinance has for those 13 types of uses in that this area is -- is, you 14 know, akin to a redevelopment area. So we could 15 put different standards but I think we need to 16 look at what the size of that property is and -- 17 MAYOR STACK: But what is your 18 recommendation though? 19 Just so we could try to get this Ordinance 20 done and get it done correctly. What’s your -- 21 MR. SPATZ: I have to look at the size of 22 that to see which fits in but I think that the 23 yard setbacks and the coverage standards, those 24 are the ones that really should apply, as opposed 25 to necessarily the lot size. Because the lots  20 th 1 are going to be different size -- the 9 Street 2 parking lot, as an example, is -- is probably 3 smaller than that. 4 But I think that the bulk standards, the 5 height standards, density, those should 6 definitely be the ones -- 7 MR. PRICE: That’s -- 8 MR. SPATZ: -- that would be applied. 9 MR. PRICE: That’s why I raise the 10 question. 11 Because I think the 9th Street and Palisade 12 lot is 10,000 square feet. So, as -- if this 13 thing as proposed would be restricted to a low- 14 rise apartment building; you couldn’t put a mid- 15 rise apartment building because they require 12 16 and a half thousand. 17 MAYOR STACK: Right. 18 MR. PRICE: And, of course, there’s a -- 19 there’s a lot -- parking lot at -- between 12th 20 and 13th Street, -- 21 MAYOR STACK: Thirteen. 22 MR. PRICE: -- between New York and Pal -- 23 which is 5,000 -- 24 It’s the old police garage. 25 MAYOR STACK: The old police garage, right.  21 1 MR. PRICE: And that’s 5,000 square feet. 2 You couldn’t put anything there because if -- 3 MAYOR STACK: Can we address that so that 4 we’re able to build affordable housing on these 5 properties? 6 MR. SPATZ: Sure. 7 MAYOR STACK: You know, having the setbacks 8 and stuff that we need. 9 MR. SPATZ: Right. 10 MAYOR STACK: If we could do that? I 11 appreciate that. 12 MR. SPATZ: Yeah, I think that that could 13 be included in the Ordinance or it certainly 14 could be included in any redevelopment plan that 15 was created from that. 16 But I understand Mr. -- 17 MAYOR STACK: Okay. 18 MR. SPATZ: -- Price’s -- 19 MAYOR STACK: What I’d -- what I’d like to 20 do is work with Monica on the Ordinance. 21 MR. SPATZ: Absolutely. 22 MAYOR STACK: And then if you could, just 23 if both -- I know -- Mr. Marotta, I know you 24 would, and Mr. Price, if you would like to, if 25 you could take a look at the Ordinance, make sure  22 1 we’re addressing everything that we’re looking at 2 in this Ordnance, if you could take a look at it 3 and get back to us, I appreciate that. 4 You could deal directly if you want, 5 Libero, directly with David and -- and Monica or 6 reach out for me directly also. 7 MR. MAROTTA: Thank you. 8 MR. PRICE: Okay. 9 Now, the -- the last comment I’ll make is 10 -- at least -- 11 As you know I’m in the parking business, so 12 I’m quite sensitive to parking issues. I don’t 13 know why but in the last three or four months 14 parking, at least in my area, has become much 15 tighter. I don’t know where the cars came from. 16 I mean there are no lots that went out of 17 business. There are no buildings that -- just 18 for some reason, whatever -- and my -- my 19 thermometer, if you will, Manhattan Avenue. 20 Because Manhattan Ave has basically no 21 construction on it; it’s everybody’s overflow 22 area. So if you can’t get a parking place any 23 place else, you go over to Manhattan Avenue and 24 you’re guaranteed to get it. 25 In February the cars would start at 16 th  23 th 1 Street; they’d be parked down to 15 Street and 2 that would be it. 3 They’re down to my property, -- 4 MAYOR STACK: I saw. 5 MR. PRICE: -- which is 11th Street now. 6 MAYOR STACK: I saw that. 7 MR. PRICE: I don’t know why -- I don’t 8 know why -- 9 MAYOR STACK: I think -- I think, 10 personally, because I’ve noticed it, too, because 11 I travel down the roadway quite often down 12 Manhattan Avenue, I think, Mr. Price, if I was to 13 guess, a lot of that is coming out of the lofts 14 on 16th Street. 15 Because I’ve seen -- I’ve seen people -- 16 MR. PRICE: They’ve got their own parking 17 lot -- 18 MAYOR STACK: -- walking -- 19 MR. PRICE: -- and it’s not even full. 20 MAYOR STACK: Yeah, I don’t know. I don’t 21 know. 22 MR. PRICE: But in any -- any case, what I 23 would -- you know, this is one of those decision 24 of Solomon kind of things. I mean affordable 25 housing is great. Age-restricted housing is  24 1 wonderful. 2 Sorry for the commercial. 3 But -- anyway but parking is critical -- 4 MAYOR STACK: Absolutely. 5 MR. PRICE: -- to our function as a City. 6 And, you know, you take -- you take away that 9th 7 Street and Palisade lot, 33 cars are looking for 8 a home. And that would -- that would have -- 9 that would be a really lowered quality of life. 10 MAYOR STACK: Yeah, we’re not looking to do 11 that at all, not at all. 12 MR. PRICE: So, could -- I would just urge 13 caution. 14 MAYOR STACK: Absolutely. 15 MR. PRICE: Okay. 16 MAYOR STACK: Thank you very much. 17 Okay, I’ll make a motion to table. 18 ACTING CITY CLERK: Motion -- motion -- 19 MAYOR STACK: And if we could try to have 20 something on -- I know we have a meeting tomorrow 21 night, -- 22 MS. de los RIOS: Um-hum. 23 MAYOR STACK: -- try to have it on for the 24 next meeting, Monica. All right? 25 COMMISSIONER FERNANDEZ: Second.  25 1 ACTING CITY CLERK: Motion by Mayor Stack. 2 Second by Commissioner Fernandez. 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 ACTING CITY CLERK: So, Mayor, this 16 Ordinance will be put on the agenda for July 14. 17 MAYOR STACK: Great. 18 19 ORDINANCES FOR HEARING AND ADOPTION 20 CONSIDERATION: 21 22 ( ) AN ORDINANCE PROVIDING FOR A SPECIAL 23 EMERGENCY APPROPRIATION FOR THE PAYMENT OF 24 CONTRACTUALLY REQUIRED SEVERANCE LIABILITIES 25 RESULTING FROM THE LAYOFF OR RETIREMENT OF CITY  26 1 EMPLOYEES 2 3 ACTING CITY CLERK: Next Ordinance 4 Providing for a Special Emergency Appropriation 5 for the Payment of Contractually Required 6 Severance Liability Resulting from the Layoff or 7 Retirement of City Employees. 8 MAYOR STACK: Anyone wishing to comment on 9 this Ordinance at this time, please step forward, 10 state your name and address for the record. 11 Seeing none. 12 ACTING CITY CLERK: Seeing none. 13 MAYOR STACK: Motion. 14 ACTING CITY CLERK: Motion by Mayor Stack. 15 COMMISSIONER VALDIVIA: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 Valdivia. 18 Roll call. 19 Commissioner Fernandez? 20 COMMISSIONER FERNANDEZ: Yes. 21 ACTING CITY CLERK: Commissioner Rivas? 22 COMMISSIONER RIVAS: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner  27 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 ACTING CITY CLERK: Is there a motion to 6 adopt this Ordinance? 7 MAYOR STACK: Motion. 8 ACTING CITY CLERK: Motion by Mayor Stack. 9 COMMISSIONER FERNANDEZ: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Fernandez. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 25 ORDINANCES FOR HEARING AND ADOPTION  28 1 CONSIDERATION: 2 3 ( ) ORDINANCE ADOPTING THE 3501-3511 PALISADE 4 AVENUE REDEVELOPMENT PLAN 5 6 ACTING CITY CLERK: Next Ordinance Adopting 7 the 3501-3511 Palisade Avenue Redevelopment Plan. 8 MAYOR STACK: Anyone wishing to comment on 9 this Ordinance, please step forward. 10 MR. PRICE: Larry Price, 1006 Palisade 11 Avenue. 12 I just -- 13 MAYOR STACK: David, maybe if you could 14 step forward at this time? 15 MR. SPATZ: Yeah -- 16 MAYOR STACK: Maybe if you want to even 17 bring up a chair up over here it might be better? 18 MR. PRICE: Oh, no, this -- this -- this 19 won’t be long. 20 Just to -- you know, the first step in 21 which the Board has always gone through is to 22 designate this area as an area in need of 23 redevelopment. 24 That decision has been challenged in court. 25 I think to proceed with the second step, which is  29 1 the adoption of a redevelopment plan without 2 clarification on the first step is premature. 3 MAYOR STACK: Did -- did you ask the court 4 for any type of injunction or any type of -- 5 MR. PRICE: No. 6 MAYOR STACK: No. 7 MR. PRICE: No. 8 MAYOR STACK: Monica? 9 David? 10 MR. SPATZ: The City’s not at any risk to 11 adopt a plan. 12 MAYOR STACK: Right. 13 MR. SPATZ: If the underlying blight report 14 is invalidated, then the plan has no value and, 15 you know, you’re just taking up the time this 16 evening. 17 So, I don’t think there’s any risk involved 18 in -- in doing that. 19 MS. de los RIOS: I echo the sentiments, 20 Mayor. 21 MAYOR STACK: Okay. 22 MR. PRICE: Okay. 23 MAYOR STACK: Thank you, Mr. Price. 24 Anyone else wishing to comment on this at 25 this time?  30 1 Seeing no other, I’ll make a motion. 2 ACTING CITY CLERK: Motion by Mayor Stack. 3 COMMISSIONER MARTINETTI: Second. 4 ACTING CITY CLERK: Second by Commissioner 5 Martinetti. 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 ACTING CITY CLERK: Is there a motion to 19 adopt? 20 COMMISSIONER MARTINETTI: Motion. 21 COMMISSIONER VALDIVIA: Motion. 22 MAYOR STACK: Motion. 23 ACTING CITY CLERK: Motion by Commissioner 24 Valdivia. 25 Seconded by Commissioner Martinetti.  31 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 Authorizing the Clerk to 17 Advertise Bids for Soccer Equipment and Uniforms 18 for 2015-2016 19 ( 2) Resolution Authorizing the Clerk to 20 Advertise Bids for Football Equipment Supplies 21 and Trophies 2015-2016 22 ( 3) Resolution Authorizing the Clerk to 23 Advertise Bids for Dog Waste Dispensers and Bags 24 ( 4) Resolution Authorizing the Clerk to 25 Advertise Bids for Garbage Bags  32 1 ( 5) Resolution Authorizing Change to City 2 Employees By-Weekly Pay from Tuesday to Friday 3 ( 6) Resolution Designating Apartments of Saint 4 John’s Urban Renewal as Redeveloper for the 3501- 5 3511 Palisade Avenue Redevelopment Area 6 ( 7) Resolution Authorizing Corporate Counsel to 7 Provide Legal Services for the Union City Housing 8 Authority 9 ( 8) Any other matter of City business that may 10 arise 11 12 ACTING CITY CLERK: Next item is Consent 13 Agenda. 14 First item is Resolution Authorizing the 15 Clerk to Advertise Bids for Soccer Equipment and 16 Uniforms for 2015-2016. 17 Item 2. 18 Resolution Authorizing the Clerk to 19 Advertise Bids for Football Equipment, Supplies 20 and Trophies 2015-2016. 21 Item 3. 22 Resolution Authorizing the Clerk to 23 Advertise Bids for Dog Waste Dispenser and Bags. 24 Item 4. 25 Resolution Authorizing the Clerk to  33 1 Advertise Bids for Garbage Bags. 2 Item 5. 3 Resolution Authorizing Change to City 4 Employees Bi-Weekly Pay from Tuesday to Friday. 5 Item 6. 6 Resolution Designating Apartments of Saint 7 John Urban Renewal as Redeveloper for the 3501- 8 3511 Palisade Avenue Redevelopment Area. 9 Item 7. 10 Resolution Authorizing Corporate Counsel to 11 Provide Legal Service for the Union City Housing 12 Authority. 13 Mayor, do you wish to take public comment 14 on any item on the Consent Agenda? 15 MAYOR STACK: Sure. 16 Anyone wishing to comment at this time, 17 please step forward, state your name and address 18 for the record. 19 MR. MAROTTA: Libero Marotta, 311 9th 20 Street. 21 I have a question on number 7 with respect 22 to the Housing Authority. 23 Did the Housing Authority adopt a 24 Resolution Appointing the City Attorney to be the 25 attorney for the Housing Authority?  34 1 MAYOR STACK: I know that the Corporation 2 Counsel has been in much dialogue, Mr. Marotta, 3 on this. But I’m going to have Monica answer 4 that question. 5 MS. de los RIOS: Sure. 6 My understanding is that -- 7 MR. MAROTTA: I can’t hear you. I’ll have 8 to walk down to you. 9 MS. de los RIOS: My understanding is that 10 that Resolution is on the calendar for tonight. 11 There is a -- 12 MAYOR STACK: I think -- 13 MS. de los RIOS: -- meeting going on right 14 now. 15 MAYOR STACK: I think they had a meeting -- 16 I think, Libero, it was at six o’clock. 17 Right? 18 ACTING CITY CLERK: Six. 19 MS. de los RIOS: And I think it’s still -- 20 MAYOR STACK: Six o’clock? 21 ACTING CITY CLERK: Yeah. 22 MS. de los RIOS: -- it’s still -- 23 MAYOR STACK: Six o’clock tonight. 24 MS. de los RIOS: -- still going on. 25 MR. MAROTTA: Let me ask this.  35 1 Why is the City Attorney doing work for the 2 Housing Authority? 3 I mean, number one, I think they got enough 4 work out of the City. You know? They’re getting 5 about a half a million dollars a year; do they 6 need more work? 7 MAYOR STACK: I believe, Libero, that there 8 was a -- there was an issue with the attorney 9 that’s at the Housing Authority right now. 10 MR. MAROTTA: Right. 11 MS. de los RIOS: That is correct. 12 MAYOR STACK: I’ll have -- I’ll have Monica 13 go into a little more detail on it. 14 MS. de los RIOS: That is correct. 15 MAYOR STACK: Just if you could keep your 16 voice up. 17 MS. de los RIOS: Absolutely. Sorry, 18 Mayor. 19 Yes, there is an -- an ongoing 20 investigation happening right now. Counsel that 21 had been representing the Housing Authority is -- 22 is no longer doing so. We are only representing 23 the Housing Authority on an emergency basis until 24 another attorney is assigned. 25 Pursuant to statute, the City Attorney may  36 1 step in to represent the Housing Authority. 2 MR. MAROTTA: In other words a temporary 3 situation? 4 MAYOR STACK: It’s only a -- 5 MS. de los RIOS: Exactly. 6 MAYOR STACK: -- temporary -- it’s 7 temporary. 8 MS. de los RIOS: Exactly. 9 MR. MAROTTA: Yeah. 10 My recommendation now, because a little bit 11 familiar with the Housing Authority in Union 12 City. Now if there’s a problem with the present 13 attorney, the present Board in Union City passed 14 a Resolution adopting that attorney to represent 15 the Housing Authority. 16 Did they do an investigation? 17 Did they check the background? 18 I happened to be at that meeting and I 19 heard one of the Board members -- I think it was 20 Governor Christie’s appointment to the Board, 21 Dennis whatever his last name is, applaud the 22 credentials of this individual. In fact he came 23 in with a lowball figure of $20,000.00 a year. 24 So I think maybe -- I think maybe, Mayor, 25 you start looking at the members of the Board.  37 1 Because I have a couple of years over there. 2 If you want to discuss it, I’d be happy to 3 discuss it with you. Maybe there should be some 4 changes in the members of the Board. 5 MAYOR STACK: Mr. Marotta, I’m not -- I’m 6 not really -- with the exception of appointing 7 the Board members, I really don’t get involved. 8 And I’m sure you know from your years 9 there, I don’t really get involved in Housing -- 10 the Housing Authority. 11 The only thing I have asked them to do -- 12 and this actually got them angry with me -- is to 13 repair the buildings and keep them clean and they 14 took that as a sense of harassment. So, I -- 15 MR. MAROTTA: Well, I’m going to tell you 16 -- 17 MAYOR STACK: -- I guess that claim most 18 landlords in the City could file -- against me 19 then. 20 MR. MAROTTA: I’m going to tell you 21 something, Mayor. 22 As a resident of the City all my life, and 23 I’m been involved in City government for quite a 24 long time, including the various agencies, 25 including the Housing Authority -- and I’ve been  38 1 there for two years, the Housing Authority’s got 2 to be cleaned up. Believe me when I tell you 3 cleaned up. 4 So maybe you should take a little more 5 interest and see who’s sitting on that Board and 6 we get somebody over there to clean up that mess 7 that’s over there. Because that’s what it is, 8 one big mess. 9 MAYOR STACK: I would even be willing, I 10 mean -- not that I have a vote in the Housing 11 Authority but if HUD wanted to appoint the 12 attorney, if they wanted to appoint -- I know Mr. 13 Cabello has interest -- has said that he’s 14 looking to retire at the end of the year, if they 15 wanted to appoint the Director, I would allow HUD 16 to appoint the Director and the attorney. 17 As long as it runs well and the residents 18 get what they need, that’s all I’m out for. 19 MR. MAROTTA: Well, I question -- I have a 20 big question mark as to the way it’s running. 21 MAYOR STACK: Thank you. 22 Anyone else wishing to comment at this time 23 on the Consent Agenda? 24 Seeing no other. 25 ACTING CITY CLERK: There a motion to close  39 1 public comment on the Consent Agenda? 2 COMMISSIONER VALDIVIA Motion. 3 ACTING CITY CLERK: Motion by Commissioner 4 Valdivia. 5 COMMISSIONER FERNANDEZ: Second. 6 ACTING CITY CLERK: Second by Commissioner 7 Fernandez. 8 Roll call. 9 Commissioner Fernandez? 10 COMMISSIONER FERNANDEZ: Yes. 11 ACTING CITY CLERK: Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 ACTING CITY CLERK: Is there a motion to 21 approve all items on the Consent Agenda? 22 COMMISSIONER MARTINETTI: Motion. 23 COMMISSIONER VALDIVIA: Second. 24 ACTING CITY CLERK: Motion by Commissioner 25 Martinetti.  40 1 Second by Commissioner Valdivia. 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 REGULAR AGENDA: 16 17 1. Resolution Authorizing Shared Service 18 Agreement with Hudson County for Maintenance of 19 Traffic Signals and Repair and Service of City 20 Owned Vehicle 21 22 ACTING CITY CLERK: Next item the Regular 23 Agenda. 24 First item is Resolution Authorizing Shared 25 Service Agreement with Hudson County for  41 1 Maintenance of Traffic Signals and Repair and 2 Service of City Owned Vehicle. 3 MAYOR STACK: This agreement -- this 4 agreement that’s on -- is self-explanatory but 5 it’s worked well with the County Hudson in 6 servicing our traffic signals. 7 We’ve had less signals that have been down 8 for an extended period of time. They’ve done a 9 good job in coming out pretty quickly and 10 repairing for a very decent amount of money. 11 Also in repairing and servicing the City 12 vehicles. As everyone knows the DPW Garage on 13 27th Street is limited to probably three bays. 14 We’ll probably be out of there some time probably 15 by the end of September. We looked for an 16 extension. 17 We now have 5th and Paterson Plank Road, 18 Summit Avenue, in that area, that we’re using 19 part of our facility. We also have another site 20 in Jersey City on Academy Street that we’ve 21 worked out with the County. Both at no cost to 22 the taxpayers of Union City. 23 So this is actually a shared service that’s 24 working well for the City of Union City, both on 25 signals and on maintenance of vehicles.  42 1 ACTING CITY CLERK: Is there a motion to 2 approve -- 3 MAYOR STACK: Motion. 4 ACTING CITY CLERK: -- item 1? 5 MAYOR STACK: Motion. 6 COMMISSIONER VALDIVIA: Second. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 Second by Commissioner Valdivia. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 Recusing. 14 Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 Recusing. 19 Mayor Stack? 20 MAYOR STACK: Yes. 21 22 REGULAR AGENDA: 23 24 2. Resolution to Establish Temporary 25 Appropriation to the Fiscal Year 2015-2016 Budget  43 1 2 ACTING CITY CLERK: Item 2. 3 Resolution to Establish Temporary 4 Appropriation to the Fiscal Year 2015-2016 5 Budget. 6 MAYOR STACK: Motion. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 COMMISSIONER VALDIVIA: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Valdivia. 11 Roll call. 12 Commissioner Fernandez? 13 COMMISSIONER FERNANDEZ: Yes. 14 ACTING CITY CLERK: Commissioner Rivas? 15 Recusing. 16 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  44 1 3. Resolution Authorizing a Budget Transfer to 2 State Fiscal Year Budget 2015 3 4 ACTING CITY CLERK: Item 3. 5 Resolution Authorizing a Budget Transfer to 6 the State Fiscal Year Budget 2015. 7 MAYOR STACK: Motion. 8 ACTING CITY CLERK: Is there a motion? 9 Motion by Mayor Stack. 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Valdivia. 13 Roll call. 14 Commissioner Fernandez? 15 MAYOR STACK: I’m sorry; there’s a 16 question. 17 MR. PRICE: Yeah. Larry Price. 18 Could I ask a question on number 3? 19 It sounds like we’re transferring money to 20 the State? 21 MS. COLDITZ: No. 22 MS. de los RIOS: No. 23 MAYOR STACK: No. 24 No, it’s the fiscal year budget. 25 MR. DILLON: Excuse me; --  45 1 MAYOR STACK: Go ahead, Sue. 2 MR. DILLON: -- you need to step forward 3 and give your name. 4 MAYOR STACK: Sue, if you -- Sue, if you 5 could just step forward; just state your name 6 and -- 7 MS. COLDITZ: I didn’t mean to interrupt. 8 MAYOR STACK: -- and your title for the -- 9 Sure. 10 MS. COLDITZ: This is the end of the year 11 transfer -- 12 MR. DILLON: Sorry, I need your -- 13 MAYOR STACK: Just -- 14 MR. DILLON: -- I need your name? 15 MAYOR STACK: Sue, if you could just move 16 closer; just state your name -- 17 MS. COLDITZ: Okay. 18 MAYOR STACK: -- for the record. 19 MS. COLDITZ: Susan Colditz, CFO, City of 20 Union City. 21 This is a transfer resolution that takes 22 excess funds and we transfer where we need to 23 before the end of the year to cover expenditures 24 that we have to make going forward for the 25 reserve.  46 1 MR. PRICE: I thought that was number 2? 2 MS. COLDITZ: That’s temporary 3 appropriations. That’s the budget for the 4 subsequent year. 5 MAYOR STACK: Right. 6 MR. PRICE: Oh. 7 MS. COLDITZ: Because we have a two-year -- 8 the budget -- 9 MAYOR STACK: Right. Right. 10 MS. COLDITZ: -- goes over two years; not 11 just one year. 12 MR. PRICE: All right. Okay. 13 MAYOR STACK: Because of the way the fiscal 14 year runs. 15 MR. PRICE: Okay. 16 So basically number 3 is just -- 17 MS. COLDITZ: It’s just transferring money. 18 MR. PRICE: Transfer –- 19 MR. COLDITZ: Within the lines. Yes. 20 MR. PRICE: -- shuffling money to where 21 it’s needed -- 22 MS. COLDITZ: Not going to the State. 23 MAYOR STACK: We don’t give to the State. 24 MS. COLDITZ: We hope they give to us. 25 ACTING CITY CLERK: Is there a motion on  47 1 item 3? 2 MAYOR STACK: Motion. 3 ACTING CITY CLERK: Motion by Mayor Stack. 4 COMMISSIONER VALDIVIA: Second. 5 ACTING CITY CLERK: Second by Commissioner 6 Valdivia. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Yes with the 10 exception as it pertains to the Redevelopment 11 Agency. Otherwise, yes. 12 ACTING CITY CLERK: Okay. 13 Commissioner Rivas? 14 Recusing. 15 Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 Recusing. 20 Mayor Stack? 21 MAYOR STACK: Yes. 22 23 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 24 25 ACTING CITY CLERK: Mayor, do you wish to  48 1 take public comment on any item -- 2 MAYOR STACK: Sure. 3 Anyone -- 4 ACTING CITY CLERK: -- on the agenda? 5 MAYOR STACK: Sure. 6 Anyone wishing to address the Board at this 7 time, please step forward -- on any matter 8 concerning municipal government in the City of 9 Union City. 10 Mr. Marotta? 11 MR. MAROTTA: Yes. Libero Marotta, 311 9 th 12 Street. 13 Now I’ve attended various meetings of this 14 Board and you heard me express my position with 15 respect to the Zoning Board. And I’m not going 16 to go too much into my -- my opinion of the 17 Board; however, I’m here to get some 18 clarification. 19 Because several years ago, maybe two or 20 three years ago, the City spent quite a bit of 21 money in adopting a new zoning ordinance for the 22 City. My understanding is the zoning ordinance 23 reflects the feeling of the Board of 24 Commissioners as to how they want to see the City 25 developed.  49 1 That’s the purpose of a zoning ordinance. 2 Okay? 3 And one of the things you have in your 4 ordinance is that you prohibit 100 percent lot 5 coverage and construction. 6 Another thing you have in your ordinance is 7 that you have a required setback, in most cases 8 ten feet. Okay? 9 Now I’m confused. Because I ride around 10 the City a lot and I find a hundred percent 11 coverage -- lot coverage. 12 I find no setbacks. 13 I’ll give you a few examples. 14 On the northeast corner of 27 th Street and 15 Summit Avenue, this is a 25 by 100 foot lot. 16 Okay? And it’s in the R Zone, low-density. And 17 if you ride past there you’ll find a multi- 18 family, hundred percent lot coverage. Okay? 19 How that got by I don’t know. 20 MAYOR STACK: Libero, just -- just to be 21 fair, wasn’t that before we did the ordinance 22 that building went up? 23 MR. MAROTTA: I don’t think so. 24 MAYOR STACK: Used to be -- 25 MR. MAROTTA: Because the old ordinance --  50 1 MAYOR STACK: Used to be a bar on the 2 corner there. 3 MR. MAROTTA: That’s right. 4 MAYOR STACK: Right. 5 MR. MAROTTA: The old ordinance also 6 prohibited a hundred percent coverage. 7 MAYOR STACK: Okay. 8 MR. MAROTTA: Okay? 9 MAYOR STACK: Okay. 10 MR. MAROTTA: Then we go to the southeast 11 corner of Palisade Avenue and 41 st Street. Again, 12 it’s a 25 by a hundred foot lot. And if you look 13 at it, there’s no setback on Palisade Avenue. 14 And I feel sorry for the owner of the house next 15 door. Because every time they come out, instead 16 of being able to look up the block, they see this 17 brick wall in front of them, which is a disgrace 18 in my opinion. 19 And then you go to the southeast corner of 20 Bergenline Avenue and 25th Street. Again, 25 by a 21 hundred. Again, multi-family. Again, 100 22 percent coverage. 23 Now when you have a hundred percent 24 coverage, you’re losing -- 25 MAYOR STACK: But, Libero, --  51 1 MR. MAROTTA: -- open -- 2 MAYOR STACK: But, Libero, not to interrupt 3 you but on that building on the corner, just my 4 best recollection, that building was existing 5 though and they did work to it. 6 MR. MAROTTA: Well, -- 7 MAYOR STACK: I’m pretty sure. I mean I’m 8 pretty sure. 9 MR. MAROTTA: Okay. 10 MAYOR STACK: My memory -- I’m 99 percent 11 sure. I used to go over there all the time as a 12 kid with my mom. That building has been there -- 13 it used to be a travel agency I think over the 14 years. 15 MR. MAROTTA: Well, -- 16 MAYOR STACK: Right? Am I right? 17 COMMISSIONER VALDIVIA: It was a hundred 18 percent. 19 MR. MAROTTA: At one time there was a 20 travel agency on the -- on the first floor. 21 MAYOR STACK: Right. Right. 22 MR. MAROTTA: Then we go to the east side 23 of Palisade Avenue, between 3rd and 4th Street. 24 Now that’s a beautiful area. That’s right near 25 the park. Okay? And every house on the east  52 1 side of Palisade Avenue -- 2 MAYOR STACK: I agree with you on that. 3 MR. MAROTTA: -- has a setback. 4 MAYOR STACK: I agree with you. 5 MR. MAROTTA: And there’s a house that 6 stands out -- 7 MAYOR STACK: I agree. 8 MR. MAROTTA: -- like a sore thumb. 9 MAYOR STACK: I agree. 10 MR. MAROTTA: Okay. 11 MAYOR STACK: I agree with you. 12 MR. MAROTTA: Now, -- 13 MAYOR STACK: That -- that I agree with you 14 a thousand percent on. That bothered me. 15 It’s in the middle -- and it’s the middle 16 of the block, too. 17 MR. MAROTTA: It’s right in the middle of -- 18 See, my confusion is this, does this Board 19 agree to a hundred percent coverage of lots? 20 MAYOR STACK: No, I’d like us to follow the 21 ordinance. 22 MR. MAROTTA: All right. 23 Then if you disagree with it, then there’s 24 got to be something done. Because the Zoning 25 Board lets it happen.  53 1 You know I’m in a case right now -- 2 You know, the ordinance that was introduced 3 a few years ago reduced the size of a backyard to 4 25 feet. Okay? 5 I’m in a case right now where the backyard 6 is 15 feet. I mean it’s ridiculous. 7 So, we got to -- you know, I don’t -- I 8 don’t like my City to be hypocritical. I don’t 9 want to see a zoning ordinance that’s pretty good 10 and pretty decent for construction to regulate 11 construction and then see a zoning board destroy 12 what you people are doing. 13 Because I’ll tell you very honestly, all 14 the good you have done -- and you’ve done a hell 15 of a lot of good in the City -- it’s negated by 16 this Zoning Board of Adjustment. 17 Unregulated construction cannot continue in 18 this City. Okay? And if they’re not going to 19 listen, then get rid of them all. All of them. 20 Okay? They don’t listen to anybody. 21 I brought with me tonight a memorandum that 22 Mr. Spatz prepared setting forth the law; they 23 don’t follow it. Okay? 24 Now, the reason I said it’s unregulated, 25 see I’ve been involved with the City for many,  54 1 many, many, many years as you know. Construction 2 is not going to solve our problems. Believe me. 3 It hasn’t in the past; it’s not in the future. 4 We have a beautiful City. And if we permit 5 this type of construction to go on, especially on 6 Palisade Avenue, we’re going to destroy the 7 aesthetics of this City. 8 My answer, I think the first step, we need 9 consolidation. 10 From 20th Street and Palisade Avenue to 32nd 11 Street we share with Weehawken. 12 From 32nd Street and Park Avenue to 48 th 13 Street we share with Weehawken. 14 I’m going to urge this Board to take the 15 position of consolidation with Weehawken and make 16 one city. We’ll give ourselves a waterfront. 17 We’ll benefit both the citizens of Weehawken and 18 the citizens of Union City. 19 Consolidating is the answer or the 20 beginning of the answer; new construction is not. 21 Thank you. 22 MAYOR STACK: Thank you. 23 Libero, if they consolidated the Fire 24 Department, why not consolidate the two cities? 25 MR. MAROTTA: Why not consolidate?  55 1 MAYOR STACK: I agree. I agree. 2 I don’t disagree with you on that. 3 COMMISSIONER MARTINETTI: One mayor. 4 MR. MAROTTA: I’m ready to work on a 5 committee for consolidation. 6 I’ll ask Richard Turner to be co-chair -- 7 you know he’s chairman of the fire -- 8 I’ll ask him to be co-chairman with me. 9 COMMISSIONER MARTINETTI: Co-chairman. 10 MAYOR STACK: He already approached me on 11 this. 12 MR. MAROTTA: He’s going to hear more about 13 it, I’ll you that. 14 COMMISSIONER MARTINETTI: Co-chairman, I 15 like that one. 16 MAYOR STACK: Anyone else wishing to 17 comment at this time? 18 19 REGULAR AGENDA: 20 21 3. Resolution Authorizing a Budget Transfer to 22 State Fiscal Year Budget 2015 23 24 ACTING CITY CLERK: Mayor, before we close, 25 we’d like to go back to number 3. I think  56 1 Counsel has -- 2 MS. de los RIOS: A comment on number 3 3 just for the record to be clear. 4 Given Commissioner Fernandez’s recusal, we 5 need to invoke the doctrine of necessity to allow 6 him to vote for that item -- the Redevelopment 7 Agency. 8 MAYOR STACK: I didn’t hear -- I didn’t 9 hear it; I’m sorry. 10 MS. de los RIOS: The doctrine of necessity 11 to allow him to vote on that -- 12 MAYOR STACK: Commissioner Fernandez? 13 MS. de los RIOS: -- particular -- 14 Yes. Exactly. 15 MAYOR STACK: Okay. 16 We’re going to go back and revote on -- 17 ACTING CITY CLERK: Right. 18 MAYOR STACK: -- item number 3. 19 ACTING CITY CLERK: Exactly. 20 MS. de los RIOS: Yes. 21 COMMISSIONER RIVAS: Regular Agenda? 22 COMMISSIONER VALDIVIA: Yeah. 23 COMMISSIONER FERNANDEZ: Yeah. 24 MS. de los RIOS: Yes. 25 ACTING CITY CLERK: So, --  57 1 MAYOR STACK: On the Regular Agenda, that’s 2 the Resolution -- 3 ACTING CITY CLERK: Yeah. 4 That was Regular Agenda, -- 5 MAYOR STACK: -- Authorizing a Budget 6 Transfer. 7 ACTING CITY CLERK: -- item 3. 8 Resolution Authorizing a Budget Transfer to 9 State Fiscal Year 2015. 10 Is there a motion? 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: By Mayor Stack. 13 COMMISSIONER VALDIVIA: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Valdivia. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: I would otherwise 19 recuse on -- as it pertains to the Redevelopment 20 Agency but due to the doctrine of necessity, I 21 will vote on the entire item. 22 Yes. 23 ACTING CITY CLERK: Commissioner Rivas? 24 Recusing. 25 COMMISSIONER RIVAS: I recuse.  58 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 Recusing. 6 Mayor Stack? 7 MAYOR STACK: Yes. 8 9 * * * 10 11 ADJOURNMENT: 12 13 ACTING CITY CLERK: Mayor, there are no 14 other items on the agenda. 15 Is there a motion to adjourn? 16 MAYOR STACK: Sure. Motion. 17 ACTING CITY CLERK: Motion by Mayor Stack. 18 COMMISSIONER VALDIVIA: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Valdivia. 21 All in favor? 22 23 (Whereupon, there was a chorus of ayes.) 24 25 MAYOR STACK: Thank you very much.  59 1 Have a good night, everyone. 2 COMMISSIONER RIVAS: What’s the meeting -- 3 MAYOR STACK: Tomorrow night we have -- we 4 have a meeting -- a Commission meeting also –- 5 6 (Whereupon, the proceedings were 7 concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  60 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  61 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 REGULAR 8 MEETING of the UNION CITY BOARD OF COMMISSIONERS, 9 held on Tuesday, June 30, 2015 and recorded on 10 tape. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Monitored by: Kevin Dillon, Jr. 25 Proofread by: Deborah Dillon