Board of Commissioners

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 BOARD OF COMMISSIONERS 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 6 ISLAMIC EDUCATION CENTER 4613 Cottage Place 7 Union City, New Jersey 8 Tuesday, March 21, 2023 9 Commencing at 7:00 p.m. 10 11 M E M B E R S P R E S E N T: 12 LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER 13 CELIN J. VALDIVIA, COMMISSIONER BRIAN P. STACK, MAYOR 14 15 M E M B E R S A B S E N T: 16 WENDY A. GRULLON, COMMISSIONER 17 A L S O P R E S E N T: 18 SCARINCI HOLLENBECK 19 BY: ANGELO AUTERI, ESQ. Corporation Counsel 20 RAYMOND GONZALEZ, ESQ. 21 Attorney for the Union City Alcohol Beverage Control Commission 22 HILDA ROSARIO, City Clerk 23 24 SUSAN BISCHOFF, CCR, RPR 449 Columbia Blvd., Wood-Ridge, NJ 07075 25 201-933-8220 SBischoffccr@yahoo.com  2 1 I N D E X 2 PAGE 3 CALL TO ORDER 3 SALUTE TO FLAG 3 4 ROLL CALL 3 5 MINUTES 4 6 ORDINANCE(S) FOR INTRODUCTION 5 7 CONSENT AGENDA 8 8 REGULAR AGENDA 15 9 ORDINANCE(S) FOR HEARING AND ADOPTION 17/24 10 CITIZENS ADDRESS THE BOARD 27 11 LIQUOR LICENSE PUBLIC HEARINGS 29 12 Crave 43, LLC 30 Eduardo Cruz 33 13 14 ADJOURNMENT 35 15 16 17 18 19 20 21 22 23 24 25  3 1 MS. ROSARIO: Please rise. 2 3 (Whereupon, the Pledge of Allegiance was 4 recited.) 5 6 MS. ROSARIO: This is a regular public 7 meeting of the Union City Board of Commissioners 8 being held on Tuesday, March 21, 2323, at 9 7:00 p.m. at the Islamic Education Center, 4613 10 Cottage Place in Union City. 11 This meeting has been called in 12 accordance with the Open Public Meetings Act. 13 Adequate notice was forwarded to The Jersey 14 Journal, The Record and The Hudson Reporter, has 15 been posted on the bulletin board in the City Hall 16 and has been made available to the public in the 17 Office of the Municipal Clerk. 18 19 ROLL CALL: 20 21 MS. ROSARIO: Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Here. 23 MS. ROSARIO: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Here. 25 MS. ROSARIO: Commissioner Martinetti.  4 1 COMMISSIONER MARTINETTI: Here. 2 MS. ROSARIO: Mayor Stack. 3 MAYOR STACK: Here. 4 MR. AUTERI: Commissioner Grullon is 5 absent. 6 MAYOR STACK: Commissioner Grullon has a 7 family emergency, she has a very sick family 8 member. 9 MS. ROSARIO: Thank you. 10 11 (Whereupon, the Board discussed and took 12 action on the following item: 13 APPROVAL OF MINUTES:) 14 15 MS. ROSARIO: The first item on the 16 agenda is the approval of previous minutes. 17 Motion to approve meeting minutes for the March 7, 18 2023, Board of Commissioners meeting. May I have 19 a motion to approve? 20 COMMISSIONER VALDIVIA: Motion. 21 MS. ROSARIO: Motion by Commissioner 22 Valdivia. 23 COMMISSIONER FERNANDEZ: Second. 24 MS. ROSARIO: Second by Commissioner 25 Fernandez.  5 1 Commissioner Fernandez. 2 COMMISSIONER FERNANDEZ: Yes. 3 MS. ROSARIO: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MS. ROSARIO: Mayor Stack. 6 MAYOR STACK: Yes. 7 8 (Whereupon, the Board discussed and took 9 action on the following item: 10 ORDINANCE FOR INTRODUCTION: 11 1. AN ORDINANCE OF THE CITY OF UNION CITY, COUNTY 12 OF HUDSON, NEW JERSEY, APPROPRIATING THE SUM OF 13 $300,000 IN FUNDING FROM THE CAPITAL IMPROVEMENT 14 FUND FOR THE COMPLETION OF VARIOUS ROAD 15 IMPROVEMENTS.) 16 17 MS. ROSARIO: There's one ordinance for 18 introduction. Adoption on first reading 19 authorizes the Municipal Clerk to advertise the 20 ordinance with a notice of the introduction, 21 together with a notice of the time and place where 22 the ordinance will be considered for the final 23 passage. 24 The ordinance will be further considered 25 at a meeting of the Board of Commissioners to held  6 1 on Tuesday, April 4, 2023, at the Robert Waters 2 School, 2800 Summit Avenue, Union City, at 7:00 3 p.m. 4 The first ordinance is an ordinance of 5 the City of Union City, County of Hudson, New 6 Jersey, appropriating the sum of $300,000 in 7 funding from the capital improvement funds for the 8 completion of various road improvements. 9 MAYOR STACK: So this is something, just 10 for the public's knowledge, this is something that 11 we're moving money -- it's self-explanatory, but 12 just for the public, it may not be. We're just 13 moving money in the capital funds. We're moving 14 it to do additional road improvements in the 15 community. 16 We have various road improvements going 17 on this year, specifically Bergenline Avenue, we 18 did from 43 to 49 the sidewalks, we're repaving it 19 this year. And now we're going from 43 to 37th on 20 Palisade. In addition to that, we'll be doing 21 Hudson Avenue, the entire length from 30th right 22 into West New York on 50th and some various side 23 streets. That's the purpose of this. I'll move 24 it. 25 MS. ROSARIO: Motion made by Mayor  7 1 Stack. 2 COMMISSIONER MARTINETTI: Second. 3 MS. ROSARIO: Second by Commissioner 4 Martinetti. 5 Commissioner Fernandez. 6 COMMISSIONER FERNANDEZ: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 14 (Whereupon, the Board discussed and took 15 action on the following items in total: 16 CONSENT AGENDA: 17 ( 1) Resolution Approving the Payment of Claims. 18 ( 2) Resolution Approving the Payment of 19 Concurrent Claims. 20 ( 3) Resolution Approving the Escrow Refunds. 21 ( 4) Resolution Approving the City Payroll From 22 January 28, 2023, Through February 10, 2023. 23 ( 5) Resolution Approving the Library Payroll From 24 January 28, 2023, Through February 10, 2023. 25 ( 6) Resolution Authorizing the Refund of  8 1 Duplicate Payment. 2 ( 7) Resolution Authorizing Refund of Redemption 3 Monies to Outside Lienholders. 4 ( 8) Resolution Authorizing the Refund of Premium 5 Monies Collected At the Tax Sale. 6 ( 9) Resolution Authorizing Payment to Montana 7 Construction For Emergency Steel Road Plate 8 Replacement and Road Repair Services At 903 9 Bergenline Avenue. 10 (10) Resolution of Award For Elevator Subcode 11 Official Services. 12 (11) Resolution to Authorize Bidding For EMS 13 Billing Services. 14 (12) Resolution to Award Contract For Community 15 Energy Plan Consultant Services. 16 (13) Resolution Authorizing Payment to Montana 17 Construction For Emergency Roadway Repair Services 18 on Summit Avenue At 6th Street in Union City. 19 (14) Resolution Authorizing Emergency 20 Environmental Testing and Remediation Services For 21 the City of Union City EMS Facility. 22 (15) Resolution Approving Submission of Grant 23 Application and Execution of Grant Contract With 24 the New Jersey Department of Transportation For 25 the Hudson Avenue Roadway Improvement Project.  9 1 (16) Will Be Tabled Until the Next Meeting, Which 2 is the Resolution Appointing Members to the Board 3 of School Estimate, That Will Be on For the 4 April 4th Meeting. 5 (17) Resolution Rescinding Lien Imposed on the 6 Property Known As 320 43rd Street, Union City, 7 Block 251, Lot 5 For Emergency Repair Costs in the 8 Amount of $685.00. 9 (18) Resolution Rescinding Lien Imposed on the 10 Property Known As 320 43rd Street, Union City, 11 Block 251, Lot 5 For Emergency Repair Costs in the 12 Amount of $664.20. 13 (19) Resolution of the Board of Commissioners of 14 the City of Union City Approving the 2022-2023 15 Renewal of Liquor License Number 0910-33-119-006 16 Issued to Hamlet Ent 2, LLC, Trading As 17 Mamasushi.) 18 19 MS. ROSARIO: There are 17 items on the 20 consent agenda. 21 One, resolution approving the payment of 22 claims. 23 Two, resolution approving the payment of 24 concurrent claims. 25 Three, resolution approving the escrow  10 1 refunds. 2 Four, resolution approving the City 3 payroll from January 28, 2023, through February 4 10, 2023. 5 Five, resolution approving the library 6 payroll from January 28, 2023, through 7 February 10, 2023. 8 Six, resolution authorizing the refund 9 of duplicate payment. 10 Seven, resolution authorizing refund of 11 redemption monies to outside lienholders. 12 Eight, resolution authorizing the refund 13 of premium monies collected at the tax sale. 14 Nine, resolution authorizing payment to 15 Montana Construction for emergency steel road 16 plate replacement and road repair services at 903 17 Bergenline Avenue. 18 Ten, resolution of award for elevator 19 subcode official services. 20 Eleven, resolution to authorize bidding 21 for EMS billing services. 22 Twelve, resolution to award contract for 23 community energy plan consultant services. 24 Thirteen, resolution authorizing payment 25 to Montana Construction for emergency roadway  11 1 repair services on Summit Avenue at 6th Street in 2 Union City. 3 Fourteen, resolution authorizing 4 emergency environmental testing and remediation 5 services for the City of Union City EMS facility. 6 Fifteen, resolution approving submission 7 of grant application and execution of grant 8 contract with the New Jersey Department of 9 Transportation for the Hudson Avenue roadway 10 improvement project. 11 Sixteen will be tabled until the next 12 meeting, which is the resolution appointing 13 members to the Board of School Estimate, that will 14 be on for the April 4th meeting. 15 Seventeen, resolution rescinding lien 16 imposed on the property known as 320 43rd Street, 17 Union City, Block 251, Lot 5 for emergency repair 18 costs in the amount of $685.00. 19 Eighteen, resolution rescinding lien 20 imposed on the property known as 320 43rd Street, 21 Union City, Block 251, Lot 5 for emergency repair 22 costs in the amount of $664.20. 23 Nineteen, resolution of the Board of 24 Commissioners of the City of Union City approving 25 the 2022-2023 renewal of liquor license number  12 1 0910-33-119-006 issued to Hamlet Ent 2, LLC, 2 trading as Mamasushi. 3 Mayor abstains on payments to Chasan, 4 Lamparello and Mallon. 5 Mayor, would you like to take public 6 comment on the consent agenda? 7 MAYOR STACK: Just before we do, the 8 resolutions that I asked to get on the agenda 9 tonight, are they on? The resolutions that we're 10 going to pass for the roads. I sent over to you 11 and Hilda. I don't see them. 12 I sent the resolutions yesterday. It's 13 not a problem if they're not on, just make sure 14 they're on the next meeting. I sent it to you and 15 Hilda, resolutions for -- 16 MR. AUTERI: For the emergency repairs 17 resolution for Montana? 18 MAYOR STACK: It was more than Montana. 19 I see Hudson Avenue is on there. Do you remember 20 seeing that? 21 MS. ROSARIO: I'll check. 22 MAYOR STACK: Check with Rose, if you 23 don't find it, just get back to me. 24 MS. ROSARIO: I will. 25 MAYOR STACK: We can do it at the next  13 1 meeting, it's not an issue. That's fine. 2 Okay. At this point, does anyone have 3 any comment on the consent agenda, please step 4 forward, state your name and address for the 5 record? Seeing none, I'll make a motion to close 6 the public hearing. 7 MS. ROSARIO: Motion made by Mayor 8 Stack. 9 COMMISSIONER FERNANDEZ: Second. 10 MS. ROSARIO: Second by Commissioner 11 Fernandez. 12 Commissioner Fernandez. 13 COMMISSIONER FERNANDEZ: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Commissioner Martinetti. 17 COMMISSIONER MARTINETTI: Yes. 18 MS. ROSARIO: Mayor Stack. 19 MAYOR STACK: Yes. 20 MS. ROSARIO: May I have a motion to 21 approve all items on the consent agenda? 22 MR. AUTERI: Before we do that, let's 23 just clarify for the record, there was 19 items on 24 the consent, Madam Clerk removed number 15, 25 resolution appointing members of the Board of  14 1 School Estimate. That leaves 18 items on the 2 consent agenda to vote. 3 MAYOR STACK: Number 18, I had on my 4 agenda was the resolution board Board of 5 Commissioners City of Union City approving the 6 2022-2023 renewal of liquor license 7 0910-33-119-006 issued to Hamlet Ent 2, LLC, 8 trading as Mamasushi. Does everybody have that on 9 their agenda? Just want to make sure we clarify 10 that, just for clarification. 11 COMMISSIONER VALDIVIA: Yes. 12 MAYOR STACK: Okay, just want to make 13 sure. 14 MR. AUTERI: Thank you, Mayor. 15 MS. ROSARIO: Motion to approve. 16 COMMISSIONER VALDIVIA: Motion. 17 MS. ROSARIO: Motion by Commissioner 18 Valdivia. 19 COMMISSIONER FERNANDEZ: Second. 20 MS. ROSARIO: Second by Commissioner 21 Fernandez. 22 Commissioner Fernandez. 23 COMMISSIONER FERNANDEZ: Yes. 24 MS. ROSARIO: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes.  15 1 MS. ROSARIO: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Yes. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Yes. 5 6 (Whereupon, the Board discussed and took 7 action on the following item: 8 REGULAR AGENDA: 9 1. Resolution of the Board of Commissioners of 10 the City of Union City, in the County of Hudson, 11 New Jersey authorizing the issuance and sale of 12 its special emergency notes, series B of 2023 13 (federally taxable) in the principal amount of up 14 to $1,452,000; and authorizing such further 15 actions and making such determinations as may be 16 necessary or appropriate to effectuate the 17 issuance and sale of said special emergency 18 notes.) 19 20 MS. ROSARIO: There's one item on the 21 regular agenda. 22 One, resolution of the Board of 23 Commissioners of the City of Union City, in the 24 County of Hudson, New Jersey, authorizing issuance 25 and sale of special emergency notes series B of  16 1 2023 (federally taxable) in the principal amount 2 of up to $1,452,000; and authorizing such further 3 actions and making such determinations as may be 4 necessary or appropriate to effectuate issuance 5 and sale of said special emergency notes. 6 May I have a motion to approve item one 7 on the regular agenda? 8 COMMISSIONER MARTINETTI: Motion. 9 MAYOR STACK: Just for the public's 10 knowledge, the City of Union City is approving the 11 issuance and sale of special emergency notes in 12 the principal amount of $1,452,000. I'm only 13 repeating it because obviously we're at the mosque 14 we're tonight. We're moving our meetings around 15 the City and they have a prayer service going on, 16 so some of that might be heard and picked up. 17 That's all. 18 MS. ROSARIO: May I have a motion to 19 approve item one on the regular agenda? 20 MAYOR STACK: Motion. 21 COMMISSIONER MARTINETTI: Second. 22 MS. ROSARIO: Motion by Mayor Stack, 23 second by Commissioner Martinetti. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes.  17 1 MS. ROSARIO: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MS. ROSARIO: Commissioner Martinetti. 4 COMMISSIONER MARTINETTI: Yes. 5 MS. ROSARIO: Mayor Stack. 6 MAYOR STACK: Yes. 7 8 (Whereupon, the Board discussed and took 9 action on the following item: 10 ORDINANCE FOR HEARING AND ADOPTION CONSIDERATION: 11 1. An ordinance authorizing the exercise of 12 eminent domain to acquire Block 242, Lot 1: 13 Additional Lots 2, 3, 4, & 11, Block 242, Lot 5: 14 Additional Lot 6, and Block 242, Lot 7, a/k/a 15 Palisade Avenue in the City of Union City) 16 17 MS. ROSARIO: We have two ordinances for 18 hearing and adoption consideration. 19 One is an ordinance authorizing the 20 exercise of eminent domain to acquire Block 242, 21 Lot 1, additional Lots 2, 3, 4 and 11; Block 242, 22 Lot 5, additional Lot 7; and Block 242, Lot 7, 23 also known as 4100 Palisade Avenue in the City of 24 Union City. 25 Mayor, would you like to take public  18 1 comment on this first ordinance? 2 MAYOR STACK: Sure. So this ordinance 3 that we're hearing tonight is for eminent domain 4 to acquire property at 4100 Palisade Avenue. What 5 the City's intention -- we've worked hard on this, 6 the Commissioners. The City's intention is to 7 have this property as an outdoor soccer field, 8 practice field, for young children in the 9 community. There's nothing in the uptown area for 10 these children. So, Commissioners Fernandez, 11 Commissioner Martinetti, Commissioner Valdivia, 12 Commissioner Grullon and myself felt it was 13 important that we have some type of additional 14 open recreational space for our children in the 15 uptown area. 16 Considering that most of the schools 17 because of the properties that were acquired by 18 the State were built below 32nd Street, we also 19 have a school going up now on 36th to 37th, 37th 20 to 38th Street, we have that going up. This will 21 be a nice addition where they can bring the 22 children -- even during school time, they can 23 bring them there to practice soccer. We're also 24 going to have a passive park next door. The 25 passive park next door will be for parents and  19 1 other people to sit and read a book in that part. 2 It's going to be beautiful, it's going to have 3 benches and flowers. It's just something that we 4 felt was important for the up town community being 5 how densely populated we are. 6 If any of the Commissioners would like 7 to make a comment, you're more than welcome to. 8 COMMISSIONER FERNANDEZ: I'd like to 9 commend the Mayor for his initiative in having 10 this park built. It's a welcome addition to the 11 residents uptown in Union City, where there's no 12 open space. This park is not only going to be a 13 small soccer field for the small kids in the 14 community, but also a passive park for the older 15 generations to come and sit and, like the Mayor 16 said, read a book or converse. It's a welcome 17 addition for the City and I can't commend the 18 Mayor enough for his insightful progress in this 19 initiative. Thank you, Mayor. 20 MAYOR STACK: Thank you, Commissioner. 21 Anyone wishing to comment on this 22 ordinance at this time, please step forward and 23 state your name and address for the record. 24 MR. PEREZ: My name is James Perez, 601 25 59th Street, West New York.  20 1 Mayor, Commissioners. 2 MAYOR STACK: Good evening. 3 MR. PEREZ: I'm the owner of 4100-08 4 Palisade Avenue. Approximately 2003, together 5 with the Mayor and everyone else, we built a 6 beautiful uptown career center for the school, 7 consisting of ten classrooms, we did a social room 8 and teacher's lounge in the community. 9 Approximately three years ago, we got a 10 notice from the town that we're in eminent domain. 11 I've been getting a lot of calls from many 12 different parties, day care center approved by the 13 state, synagogues, and senior citizen homes, as 14 well as a dialysis center, that were interested in 15 acquiring the property. I always have been 16 transparent, explained to them that I couldn't do 17 anything without the permission of the town. 18 I would like you guys to consider that 19 as well as opposed to the soccer field. It's 20 about approximately 10,000 square feet, it's going 21 to be a small field. I think the town would take 22 more advantage by putting something like this in 23 the town. It's already built, it's already made, 24 as opposed to knocking it down to put a field in. 25 I just want to bring this to everyone's attention.  21 1 Hope you guys reconsider. So that's what I want 2 to present. Thank you. 3 MAYOR STACK: I appreciate you coming, 4 Mr. Perez, I do. I know you've always been a good 5 businessman in the town and you're always a 6 gentleman, every time I meet with you, you're 7 always a gentleman. And believe me, it's nothing 8 personal that we're taking your building. And I 9 know it's your building, so you say how isn't this 10 personal, you're taking my property. But we just 11 feel the need of what I stated on the record. And 12 it's just a serious need in the uptown area for 13 recreation, we don't have anything up there. And 14 when the opportunity presented itself, we just 15 felt strongly about that. Hopefully, everything 16 will work out. 17 COMMISSIONER FERNANDEZ: I want to echo 18 what the Mayor said. If you go by Duarte Park on 19 33rd and New York Avenue in the summer months, how 20 packed that park is. It really demonstrates the 21 need for an area for the kids to play. Beyond 22 being a soccer field, it's an open space. The 23 tail end of it is going to be the passive park, 24 which there's nothing uptown. There's the little 25 Columbia park on 45th Street, but it's so small  22 1 and it's a water park, it doesn't meet the needs 2 of the community. 3 I don't know if you're a family person 4 or you have kids? You do, so you understand where 5 we're coming from, the necessity of having a play 6 area for the kids. 7 MR. PEREZ: I just want to bring it to 8 the Board's attention that we've been getting a 9 lot of calls from these kind of institutes that 10 want to be involved with this building, the build 11 out is there. It's ready to go, move-in 12 condition, that I just want you guys to be aware 13 of. It's not only the soccer fields, but there's 14 also other needs as well that we could pursue, if 15 it's something you want to consider. 16 MAYOR STACK: Thank you for taking the 17 time to come, I appreciate it. 18 COMMISSIONER FERNANDEZ: Thank you. 19 MAYOR STACK: Anyone else wishing to 20 comment on this property and eminent domain, 4100 21 Palisade Avenue? Seeing no other, motion to 22 close. 23 MR. AUTERI: Before the Board votes, I 24 just want to add something, Mayor, in light of the 25 comments, that this ordinance would merely provide  23 1 the authority to exercise eminent domain, but the 2 parties may still engage in good faith 3 negotiations. 4 MS. ROSARIO: May I have a motion? 5 MAYOR STACK: Motion. 6 MS. ROSARIO: Motion made by Mayor 7 Stack. 8 COMMISSIONER FERNANDEZ: Second. 9 MS. ROSARIO: Second by Commissioner 10 Fernandez. 11 Commissioner Fernandez. 12 COMMISSIONER FERNANDEZ: Yes. 13 MS. ROSARIO: Commissioner Valdivia. 14 COMMISSIONER VALDIVIA: Yes. 15 MS. ROSARIO: Commissioner Martinetti. 16 COMMISSIONER MARTINETTI: Yes. 17 MS. ROSARIO: Mayor Stack. 18 MAYOR STACK: Yes. 19 MS. ROSARIO: May I have a motion to 20 adopt? 21 COMMISSIONER FERNANDEZ: Motion. 22 COMMISSIONER MARTINETTI: Second. 23 MS. ROSARIO: Motion made by 24 Commissioner Fernandez, second by Commissioner 25 Martinetti.  24 1 Commissioner Fernandez. 2 COMMISSIONER FERNANDEZ: Yes. 3 MS. ROSARIO: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MS. ROSARIO: Commissioner Martinetti. 6 COMMISSIONER MARTINETTI: Yes. 7 MS. ROSARIO: Mayor Stack. 8 MAYOR STACK: Yes. 9 10 (Whereupon, the Board discussed and took 11 action on the following item: 12 ORDINANCE FOR HEARING AND ADOPTION CONSIDERATION: 13 2. An ordinance to ban smoke shops and vape shops 14 as a principal permitted use in any zone district 15 in the City of Union City.) 16 17 MS. ROSARIO: The second ordinance is 18 the ordinance to ban smoke shops and vape shops as 19 a principal permitted use in any zone district in 20 the City of Union City. 21 Mayor, would you like to take public 22 comment? 23 MAYOR STACK: Sure. So this ordinance, 24 we feel is necessary for the amount of children we 25 have in the community to ban these smoke shops  25 1 that are popping up everywhere in the community. 2 And we just feel it sends a good message not to 3 have as many. There's a number out there, they 4 can still stay in business. I'll let the 5 corporation counsel just elaborate a little more 6 on that, but we just felt it was important to have 7 a good balance in the community, a balance of 8 businesses also, and just to have not as many in 9 the community. We know other communities are 10 doing the same thing. We just felt it wasn't the 11 best message to be pushing smoking to our youth 12 when you see the effects of vaping and smoking. 13 Angelo, would you like to further explain? 14 MR. AUTERI: Yes, thank you, Mayor. The 15 Mayor is accurate in his description. Any 16 existing establishments will remain as a prior 17 non-permitted use. Moving forward, they will not 18 be principal permitted uses in any zone in the 19 City. 20 MAYOR STACK: Anyone wishing to comment 21 on this ordinance at this time, please step 22 forward, state your name and address for the 23 record. Or any Commissioners, I'm sorry. Seeing 24 none, motion. 25 MS. ROSARIO: Motion made by Mayor  26 1 Stack. 2 COMMISSIONER FERNANDEZ: Second. 3 MS. ROSARIO: Second by Commissioner 4 Fernandez. 5 Commissioner Fernandez. 6 COMMISSIONER FERNANDEZ: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 MS. ROSARIO: May I have a motion to 14 adopt? 15 COMMISSIONER VALDIVIA: Motion. 16 COMMISSIONER MARTINETTI: Second. 17 MS. ROSARIO: Motion by Commissioner 18 Valdivia, second by Commissioner Martinetti. 19 Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Yes. 21 MS. ROSARIO: Commissioner Valdivia. 22 COMMISSIONER VALDIVIA: Yes. 23 MS. ROSARIO: Commissioner Martinetti. 24 COMMISSIONER MARTINETTI: Yes. 25 MS. ROSARIO: Mayor Stack.  27 1 MAYOR STACK: Yes. 2 3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 4 5 MS. ROSARIO: Mayor, at this time, would 6 you like to take public comment at this portion of 7 the meeting? 8 MAYOR STACK: Sure. Anyone wishing to 9 comment on any matter concerning municipal 10 government in the City of Union City, please step 11 forward. 12 I would once again just like to thank 13 the Commissioners for moving 100 percent of our 14 meetings around the community in the evening hours 15 to give the public access to come to the meeting, 16 anyone who would like. I know the public has a 17 lot of different access to the Commissioners and 18 I, whether it be the constituent days, whether it 19 be at police community meetings or the like, but 20 this is just another opportunity to see municipal 21 government and how it functions. 22 MS. ROSARIO: May I have a motion to 23 close public comment portion of this meeting? 24 MAYOR STACK: Motion. 25 MS. ROSARIO: Motion by Mayor Stack.  28 1 COMMISSIONER FERNANDEZ: Second. 2 MS. ROSARIO: Second by Commissioner 3 Fernandez. 4 Commissioner Fernandez. 5 COMMISSIONER FERNANDEZ: Yes. 6 MS. ROSARIO: Commissioner Valdivia. 7 COMMISSIONER VALDIVIA: Yes. 8 MS. ROSARIO: Commissioner Martinetti. 9 COMMISSIONER MARTINETTI: Yes. 10 MS. ROSARIO: Mayor Stack. 11 MAYOR STACK: Yes. 12 * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  29 1 LIQUOR LICENSE DISCIPLINARY HEARINGS: 2 1. Crave 43, LLC 3 T/a Crave 43 4 120 43rd Street 5 0910-33-029-010 6 7 2. Eduardo Cruz 8 T/a Caguas Bar Cafe 9 1709 Bergenline Avenue 10 0910-33-106-006 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  30 1 1. Crave 43, LLC 2 T/a Crave 43 3 120 43rd Street 4 0910-33-029-010 5 6 MS. ROSARIO: Now, we have our liquor 7 license disciplinary hearings. 8 MAYOR STACK: This portion of the 9 meeting is now liquor licenses. 10 MR. GONZALEZ: Good evening, Mayor and 11 Commissioners, Raymond Gonzalez, G-O-N-Z-A-L-E-Z, 12 on behalf Union City ABC and we have Sergeant 13 Michelle Zeron who's also here on behalf of the 14 Union City Police Department. 15 Today, we have two matters that are on. 16 One is Crave 43, LLC, they're present. This was a 17 resolution that we were able to achieve by having 18 a meeting at the police department. If you can 19 come up, please. 20 We have agreed on the situation after 21 review with the police department that there will 22 be a suspension of 30 days, 15 days will be 23 served, and 15 days will be held for a period of 24 one year. In speaking to the owner who's 25 present -- and I'll ask for your name in a moment  31 1 for the record -- there is a proposed suspension 2 that you wish to have from March 22nd to 3 April 5th; is that correct? 4 MS. LUNA: Yes. 5 MR. GONZALEZ: Could you please state 6 your name for the record? 7 MS. LUNA: Daribell Luna, 8 D-A-R-I-B-E-L-L, Luna, L-U-N-A. 9 MAYOR STACK: What is your role with the 10 establishment, just for the record? 11 MS. LUNA: I'm the owner. 12 MAYOR STACK: You're the owner, I just 13 want to put it on the record. Do you agree what's 14 been represented by Mr. Gonzalez so far? 15 MS. LUNA: Yes. 16 MAYOR STACK: Did you consult an 17 attorney or do you want to have an attorney to 18 come back with you to the hearing before you agree 19 to this? 20 MS. LUNA: I spoke to an attorney 21 already. 22 MAYOR STACK: You're comfortable with 23 what's been stated on the record? 24 MS. LUNA: Yes. 25 MAYOR STACK: Okay.  32 1 MR. GONZALEZ: In fact, this is the 2 second time you were here because you missed the 3 last meeting, you got here a little late. But you 4 did have an opportunity to review this prior to 5 today; is that correct? 6 MS. LUNA: Yes. 7 MAYOR STACK: Okay. Anyone wishing to 8 comment on this matter at 120 43rd Street, the 9 liquor license hearing? Seeing none, I make a 10 motion to approve. 11 MS. ROSARIO: Motion made by Mayor Stack. 12 COMMISSIONER FERNANDEZ: Second. 13 MS. ROSARIO: Second by Commissioner 14 Fernandez. 15 Commissioner Fernandez. 16 COMMISSIONER FERNANDEZ: Yes. 17 MS. ROSARIO: Commissioner Valdivia. 18 COMMISSIONER VALDIVIA: Yes. 19 MS. ROSARIO: Commissioner Martinetti. 20 COMMISSIONER MARTINETTI: Yes. 21 MS. ROSARIO: Mayor Stack. 22 MAYOR STACK: Yes. Thank you very much, 23 ma'am. 24 MS. LUNA: Thank you. 25 * * * *  33 1 2. Eduardo Cruz 2 T/a Caguas Bar Cafe 3 1709 Bergenline Avenue 4 0910-33-106-006 5 6 MR. GONZALEZ: The second matter of 7 Eduardo Cruz trading as Caguas Bar Cafe. In 8 speaking with Sergeant Zeron, he did come to the 9 town earlier this week. I think he had an issue 10 and what I would respectfully request is that we 11 carry this matter -- 12 MAYOR STACK: What was the violation 13 here, Ray? 14 MR. GONZALEZ: Camera. 15 MAYOR STACK: Cameras? 16 MR. GONZALEZ: Yeah. It was just a 17 camera and paper violation, so it wasn't a 18 nuisance or it wasn't a brawl. So I think under 19 the circumstances, after speaking to Sergeant 20 Zeron, we're going to try to make contact with 21 him. She explained to me he's an elderly 22 gentleman and may have been confused. 23 MAYOR STACK: Okay. No problem at all. 24 MR. GONZALEZ: Thank you. 25 MAYOR STACK: Thank you very much. I'll  34 1 make a motion to carry that to the next meeting 2 and adjourn. 3 MS. ROSARIO: Thank you. 4 MAYOR STACK: Seeing no other matters on 5 the calendar. 6 COMMISSIONER VALDIVIA: Second. 7 MS. ROSARIO: Commissioner Fernandez. 8 COMMISSIONER FERNANDEZ: Yes. 9 MS. ROSARIO: Commissioner Valdivia. 10 COMMISSIONER VALDIVIA: Yes. 11 MS. ROSARIO: Commissioner Martinetti. 12 COMMISSIONER MARTINETTI: Yes. 13 MS. ROSARIO: Mayor Stack. 14 MAYOR STACK: Yes. 15 16 17 18 19 20 21 22 23 24 25  35 1 ADJOURNMENT: 2 3 MAYOR STACK: Seeing no other matters on 4 the calendar, motion to adjourn. 5 COMMISSIONER VALDIVIA: Second. 6 MS. ROSARIO: All in favor? 7 8 (Whereupon, all Board Members indicated 9 in the affirmative.) 10 11 (Whereupon the meeting was adjourned at 12 7:24 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25  36 1 Brian P. Stack 2 Lucio P. Fernandez 3 Maryury A. Martinetti 4 Celin J. Valdivia 5 6 Board of Commissioners 7 8 9 Attest: 10 Angelo Auteri, Esq., 11 Corporation Counsel 12 13 14 15 16 17 18 19 20 21 22 23 24 25  37 1 C E R T I F I C A T E 2 3 4 5 6 I HEREBY CERTIFY that the foregoing is a 7 true and accurate transcript of the testimony and 8 proceedings as taken stenographically by me at the 9 time, place, and on the date hereinbefore set 10 forth. 11 12 13 14 SUSAN BISCHOFF, CCR, RPR LICENSE NO. 30XI00233700 15 16 17 18 19 20 21 22 23 24 25