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Board of Commissioners

Regular Meeting

Union City, NJ · May 16, 2023

AgendaMinutes

Minutes

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 BOARD OF COMMISSIONERS 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 6 UNION HILL MIDDLE SCHOOL 3808 Hudson Avenue 7 Union City, New Jersey 8 Tuesday, May 16, 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 WENDY A. GRULLON, 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 MARYURY A. MARTINETTI, COMMISSIONER 17 A L S O P R E S E N T: 18 SCARINCI HOLLENBECK 19 BY: ANGELO AUTERI, ESQ. Corporation Counsel 20 RAMON GONZALEZ, ESQ. 21 Attorney for the Union City Alcohol Beverage Control Commission 22 HILDA ROSARIO, City Clerk 23 24 SUSAN BISCHOFF, CCR, RPR 25 449 Columbia Blvd., Wood-Ridge, NJ 07075 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 5/6/7 7 CONSENT AGENDA 8 8 REGULAR AGENDA 13/14 9 ORDINANCE(S) FOR HEARING AND ADOPTION 16/18 10 CITIZENS ADDRESS THE BOARD 20 11 LIQUOR LICENSE PUBLIC HEARINGS 23 12 Jor Per Corp. 24 RG Entertainment Enterprise, Inc. 26 13 Azucar Club, Inc. 30 Los Precios Corp. 32 14 El Chapin Corp. 34 15 ADJOURNMENT 36 16 17 18 19 20 21 22 23 24 25 3 1 MS. ROSARIO: This is a regular public 2 meeting of the Union City Board of Commissioners 3 being held on Tuesday, May 16, 2023, at 7:00 p.m. 4 at the Union Middle School, 3808 Hudson Avenue in 5 Union City. Please stand for the Pledge of 6 Allegiance. 7 (Whereupon, the Pledge of Allegiance is 8 recited.) 9 MS. ROSARIO: This meeting has been 10 called in accordance with the Open Public Meeting 11 Act. Adequate notice was forwarded to The Jersey 12 Journal and The Record, has been posted on the 13 bulletin board in City Hall and has been made 14 available to the public in the office of the 15 Municipal Clerk. 16 17 ROLL CALL: 18 19 MS. ROSARIO: Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Here. 21 MS. ROSARIO: Commissioner Grullon. 22 COMMISSIONER GRULLON: Here. I just want 23 to take a moment to thank the Mayor and the 24 Commissioners for the love and the support. Thank 25 you. 4 1 MS. ROSARIO: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Here. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Here. 5 6 (Whereupon, the Board discussed and took 7 action on the following item: 8 APPROVAL OF MINUTES) 9 10 MS. ROSARIO: First item on the agenda 11 is the approval of the minutes of May 2, 2023. 12 May I have a motion to approve? 13 COMMISSIONER VALDIVIA: Motion. 14 MS. ROSARIO: Motion made by 15 Commissioner Valdivia. Second? 16 COMMISSIONER FERNANDEZ: Second 17 MS. ROSARIO: Second by Commissioner 18 Fernandez. 19 Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Yes. 21 MS. ROSARIO: Commissioner Grullon. 22 COMMISSIONER GRULLON: Abstain. 23 MS. ROSARIO: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MS. ROSARIO: Mayor Stack. 5 1 MAYOR STACK: Yes. 2 3 (Whereupon, the Board discussed and took 4 action on the following items: 5 ORDINANCE(S) FOR INTRODUCTION: 6 1. An ordinance to regulate lithium-ion 7 batteries in the City of Union City) 8 9 MS. ROSARIO: There are three ordinances 10 for introduction. Adoption on first reading 11 authorizes the Municipal Clerk to advertise the 12 ordinance with a notice of introduction, together 13 with a notice of the time and place where the 14 ordinance will be considered for the final 15 passage. The ordinance will be further considered 16 at a meeting of the Board of Commissioners to be 17 held on Wednesday, June 7th, 2023, at the Housing 18 Authority Hillside Pavilion at 3911 Kennedy 19 Boulevard, Union City at 7 p.m. 20 The first ordinance will be an ordinance 21 to regulate lithium-ion batteries in the City of 22 Union City. May I have a motion to introduce? 23 MAYOR STACK: Motion 24 MS. ROSARIO: Motion made by Mayor 25 Stack. 6 1 COMMISSIONER FERNANDEZ: Second. 2 MS. ROSARIO: Second by Commissioner 3 Fernandez. 4 Commissioner Fernandez. 5 COMMISSIONER FERNANDEZ: Yes. 6 MS. ROSARIO: Commissioner Grullon. 7 COMMISSIONER GRULLON: Yes. 8 MS. ROSARIO: Commissioner Valdivia. 9 COMMISSIONER VALDIVIA: Yes. 10 MS. ROSARIO: Mayor Stack. 11 MAYOR STACK: Yes. 12 13 (Whereupon, the Board discussed and took 14 action on the following: 15 ORDINANCE(S) FOR INTRODUCTION: 16 2. An ordinance amending Chapter 234 of 17 the Union City Municipal Code to authorize the 18 Union City Police Department to administer and 19 enforce the licensing of businesses and 20 occupations within the City of Union City.) 21 22 MS. ROSARIO: The second ordinance is an 23 ordinance amending Chapter 234 of the Union City 24 Municipal Code to authorize the Union City Police 25 Department to administer and enforce licensing of 7 1 businesses and occupations within the City of 2 Union City. 3 May I have a motion to introduce? 4 COMMISSIONER VALDIVIA: Motion. 5 MS. ROSARIO: Motion made by Mayor 6 Valdivia -- I mean Commissioner Valdivia. Second? 7 COMMISSIONER GRULLON: Second. 8 MS. ROSARIO: Second by Commissioner 9 Grullon. 10 Commissioner Fernandez. 11 COMMISSIONER FERNANDEZ: Yes. 12 MS. ROSARIO: Commissioner Grullon. 13 COMMISSIONER GRULLON: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Mayor Stack. 17 MAYOR STACK: Yes. 18 19 (Whereupon, the Board discussed and took 20 action on the following: 21 ORDINANCE(S) FOR INTRODUCTION: 22 3. An ordinance amending Chapter 334, 23 Section 2(B)(1), "applicability exceptions") 24 25 MS. ROSARIO: The third ordinance is an 8 1 ordinance amending Chapter 334, Section 2(B)(1), 2 "applicability exceptions". Motion to introduce. 3 COMMISSIONER VALDIVIA: Motion. 4 MAYOR STACK: Second. 5 MS. ROSARIO: Motion by Commissioner 6 Valdivia. Second by Mayor Stack. 7 Commissioner Fernandez. 8 COMMISSIONER FERNANDEZ: Yes. 9 MS. ROSARIO: Commissioner Grullon. 10 COMMISSIONER GRULLON: Yes. 11 MS. ROSARIO: Commissioner Valdivia. 12 COMMISSIONER VALDIVIA: Yes. 13 MS. ROSARIO: Mayor Stack. 14 MAYOR STACK: Yes. 15 16 (Whereupon, the Board discussed and took 17 action on the following items in total: 18 CONSENT AGENDA: 19 ( 1) Resolution Approving the Payment of Claims. 20 ( 2) Resolution Approving the Payment of 21 Concurrent Claims. 22 ( 3) Resolution Approving the Escrow Funds. 23 ( 4) Resolution Approving the City Payroll From 24 April 22, 2023 Through May 5, 2023. 25 ( 5) Resolution Approving the Library Payroll From 9 1 April 22, 2023, Through May 5, 2023. 2 ( 6) Resolution Authorizing the Refund of Premium 3 Monies Collected At the Tax Sale. 4 ( 7) Resolution Cancelling Taxes on Property 5 Deemed Exempt For 100 Percent Disabled Veteran. 6 ( 8) Resolution Authorizing Refund of Redemption 7 Monies to Outside Lienholders. 8 ( 9) Resolution Cancelling Taxes on the Master Lot 9 and Transferring Land Taxes to an Individual 10 Condominium. 11 (10) Resolution Authorizing Contract For Risk 12 Management Consultant Services For the City of 13 Union City. 14 (11) Resolution Supporting the Click It Or Ticket 15 Mobilization of May 22nd Through June 25, 2023. 16 (12) Resolution Authorizing Increase to Contract 17 For Special Counsel Services With Cleary, 18 Giaccobe, Alfieri & Jacobs For 2022 Through 2023. 19 (13) Resolution Authorizing Agreement Between the 20 City of Union City and the County of Hudson 21 Department of Health and Human Services For the 22 Purchase of Services Related to the Office of 23 Aging. 24 (14) Resolution Appointing M. Mario Bordon to the 25 Position of Municipal Emergency Management 10 1 Homeland Security Coordinator/Director. 2 (15) Resolution of the Board of Commissioners of 3 the City of Union City Approving the 2021-2022 4 Renewal of Liquor License Number 0910-33-136-020 5 Issued to Plaza Espana, Incorporated (Pocket 6 License). 7 (16) Resolution of the Board of Commissioners of 8 the City of Union City Approving the 2022-2023 9 Renewal of Liquor License Number 0910-33-136-020 10 Issued to Plaza Espana, Incorporated (Pocket 11 License) 12 13 MS. ROSARIO: There are 16 items on the 14 consent agenda. 15 One, resolution approving the payment of 16 claims. 17 Two, resolution approving the payment of 18 concurrent claims. 19 Three, resolution approving the escrow 20 funds. 21 Four, resolution approving the city 22 payroll from April 22, 2023 through May 5, 2023. 23 Five, resolution approving the library 24 payroll from April 22, 2023, through May 5, 2023. 25 Six, resolution authorizing the refund 11 1 of premium monies collected at the tax sale. 2 Seven, resolution cancelling taxes on 3 property deemed exempt for 100 percent disabled 4 veteran. 5 Eight, resolution authorizing refund of 6 redemption monies to outside lienholders. 7 Nine, resolution cancelling taxes on the 8 master lot and transferring land taxes to an 9 individual condominium. 10 Ten, resolution authorizing contract for 11 risk management consultant services for the City 12 of Union City. 13 Eleven, resolution supporting the Click 14 It or Ticket mobilization of May 22nd through June 15 25, 2023. 16 Twelve, resolution authorizing increase 17 to contract for special counsel services with 18 Cleary, Giaccobe, Alfieri & Jacobs for 2022 19 through 2023. 20 Thirteen, resolution authorizing 21 agreement between the City of Union City and the 22 County of Hudson Department of Health and Human 23 Services for the purchase of services related to 24 the office of aging. 25 Fourteen, resolution appointing M. Mario 12 1 Bordon to the position of municipal emergency 2 management homeland security coordinator/director. 3 Fifteen, resolution of the Board of 4 Commissioners of the City of Union City approving 5 the 2021-2022 renewal of liquor license number 6 0910-33-136-020 issued to Plaza Espana, 7 Incorporated (pocket license). 8 Sixteen, resolution of the Board of 9 Commissioners of the City of Union City approving 10 the 2022-2023 renewal of liquor license number 11 0910-33-136-020 issued to Plaza Espana, 12 Incorporated (pocket license). 13 Mayor, would you like to take public 14 comment on the consent agenda? 15 MAYOR STACK: Sure. Anyone wishing to 16 comment on the consent agenda, please step 17 forward, state your name and address for the 18 record. Seeing none, I'll make a motion to close 19 the public hearing. 20 COMMISSIONER VALDIVIA: Second. 21 MS. ROSARIO: Motion by Mayor Stack. 22 Second by Commissioner Valdivia. 23 Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Grullon. 13 1 COMMISSIONER GRULLON: Yes. 2 MS. ROSARIO: Commissioner Valdivia. 3 COMMISSIONER VALDIVIA: Yes. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Yes. 6 MS. ROSARIO: May I have a motion to 7 approve all items on the consent agenda? 8 COMMISSIONER VALDIVIA: Motion. 9 MAYOR STACK: Second. 10 MS. ROSARIO: Motion by Commissioner 11 Valdivia, second by Mayor Stack. 12 Commissioner Fernandez. 13 COMMISSIONER FERNANDEZ: Yes. 14 MS. ROSARIO: Commissioner Grullon. 15 COMMISSIONER GRULLON: Yes. 16 MS. ROSARIO: Commissioner Valdivia. 17 COMMISSIONER VALDIVIA: Yes. 18 MS. ROSARIO: Mayor Stack. 19 MAYOR STACK: Yes. 20 21 (Whereupon, the Board discussed and took 22 action on the following item: 23 REGULAR AGENDA: 24 1. Resolution approving payment of HCIA 25 claims.) 14 1 2 MS. ROSARIO: There are two items on the 3 regular agenda. One is the resolution approving 4 payment of the Hudson County Improvement Authority 5 claims. May I have a motion to approve item one 6 on the regular agenda. 7 MAYOR STACK: Motion. 8 MS. ROSARIO: Motion made by Mayor 9 Stack. Second? 10 COMMISSIONER VALDIVIA: Second. 11 MS. ROSARIO: Second by Commissioner 12 Valdivia. 13 Commissioner Fernandez. 14 COMMISSIONER FERNANDEZ: Yes. 15 MS. ROSARIO: Commissioner Grullon. 16 COMMISSIONER GRULLON: Yes. 17 MS. ROSARIO: Commissioner Valdivia. 18 COMMISSIONER VALDIVIA: Yes. 19 MS. ROSARIO: Mayor Stack. 20 MAYOR STACK: Yes. 21 22 (Whereupon, the Board discussed and took 23 action on the following item: 24 REGULAR AGENDA: 25 2. Resolution approving payment of 15 1 claims to the Union City Board of Education.) 2 3 MS. ROSARIO: Second item is resolution 4 approving payment of the claims to the Union City 5 Board of Education. 6 MR. AUTERI: Ordinarily, Commissioners 7 Valdivia and Grullon would not vote on Board of Ed 8 matters. However, the Board is invoking the 9 doctrine of necessity. 10 MS. ROSARIO: May I have a motion to 11 approve. 12 MAYOR STACK: Motion. 13 MS. ROSARIO: Motion made by Mayor 14 Stack. 15 COMMISSIONER VALDIVIA: Second. 16 MS. ROSARIO: Second by Commissioner 17 Valdivia. 18 Commissioner Valdivia. 19 COMMISSIONER VALDIVIA: Yes. 20 MS. ROSARIO: Mayor Stack. 21 MAYOR STACK: Yes. 22 MS. ROSARIO: Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 25 (Whereupon, the Board discussed and took 16 1 action on the following items: 2 ORDINANCE(S) FOR HEARING AND ADOPTION 3 CONSIDERATION: 4 1. Fiscal year 2023 model ordinance to 5 exceed the municipal budget appropriation limits 6 and to establish a cap bank (N.J.S.A. 40A:4-45.14)) 7 8 MS. ROSARIO: There are two ordinances 9 for hearing and adoption consideration. One is 10 the fiscal year 2023 model ordinance to exceed the 11 municipal budget appropriation limits and to 12 establish a cap bank (N.J.S.A. 40A:4-45.14). 13 Mayor, would you like take public 14 comments on this ordinance? 15 MAYOR STACK: Sure. Anyone wishing to 16 comment on this ordinance at this time, please 17 step forward, state your name and address for 18 record. Seeing none, motion to close public 19 hearing. 20 MS. ROSARIO: Motion made by Mayor 21 Stack. 22 COMMISSIONER VALDIVIA: Second. 23 MS. ROSARIO: Second by Commissioner 24 Valdivia. 25 Commissioner Fernandez. 17 1 COMMISSIONER FERNANDEZ: Yes. 2 MS. ROSARIO: Commissioner Grullon. 3 COMMISSIONER GRULLON: Yes. 4 MS. ROSARIO: Commissioner Valdivia. 5 COMMISSIONER VALDIVIA: Yes. 6 MS. ROSARIO: Mayor Stack. 7 MAYOR STACK: Yes. 8 MS. ROSARIO: May I have a motion to 9 adopt? 10 COMMISSIONER VALDIVIA: Motion. 11 MS. ROSARIO: Motion made by 12 Commissioner Valdivia. Second? 13 COMMISSIONER GRULLON: Second. 14 MS. ROSARIO: By Commissioner Grullon. 15 Commissioner Fernandez. 16 COMMISSIONER FERNANDEZ: Yes. 17 MS. ROSARIO: Commissioner Grullon. 18 COMMISSIONER GRULLON: Yes. 19 MS. ROSARIO: Commissioner Valdivia. 20 COMMISSIONER VALDIVIA: Yes. 21 MS. ROSARIO: Mayor Stack. 22 MAYOR STACK: Yes. 23 24 (Whereupon, the Board discussed and took 25 action on the following item: 18 1 ORDINANCE(S) FOR HEARING AND ADOPTION 2 CONSIDERATION: 3 2. An ordinance of the City of Union 4 City, County of Hudson, New Jersey, appropriating 5 the sum of $950,000 in funding from the capital 6 improvement fund for the completion of various 7 streetscape improvements.) 8 9 MS. ROSARIO: The second ordinance is an 10 ordinance of the City of Union City, County of 11 Hudson, New Jersey, appropriating the sum of 12 $950,000 in funding from the capital improvement 13 fund for the completion of various streetscape 14 improvements. 15 Mayor, would you like to take public 16 comment on this ordinance. 17 MAYOR STACK: Sure. This is funding 18 that we have in the capital improvement that we're 19 moving over to complete Bergenline Avenue. We 20 have done the sidewalks from 49th to 43rd. Now, 21 we're doing from 43rd to 37th this year. And then 22 next year, we'll do from 37th down to 30th, and 23 then the entire length of Bergenline Avenue will 24 be paved. 25 Anyone wishing to comment on this 19 1 ordinance at this time, please, step forward, 2 state your name and address for the record? 3 Seeing none, motion to close. 4 MS. ROSARIO: Motion made by Mayor 5 Stack. 6 COMMISSIONER FERNANDEZ: Second. 7 MS. ROSARIO: Second by Commissioner 8 Fernandez. 9 Commissioner Fernandez. 10 COMMISSIONER FERNANDEZ: Yes. 11 MS. ROSARIO: Commissioner Grullon. 12 COMMISSIONER GRULLON: Yes. 13 MS. ROSARIO: Commissioner Valdivia. 14 COMMISSIONER VALDIVIA: Yes. 15 MS. ROSARIO: Mayor Stack. 16 MAYOR STACK: Yes. 17 MS. ROSARIO: May I have a motion to 18 adopt? 19 COMMISSIONER VALDIVIA: Motion. 20 MS. ROSARIO: Motion made by 21 Commissioner Valdivia. Second? 22 COMMISSIONER GRULLON: Second. 23 MS. ROSARIO: Commissioner Grullon. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes. 20 1 MS. ROSARIO: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MS. ROSARIO: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MS. ROSARIO: Mayor Stack. 6 MAYOR STACK: Yes. 7 8 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 9 10 MS. ROSARIO: Mayor, at this time, would 11 you like to take public comment on any items of 12 this meeting? 13 MAYOR STACK: Sure. Anyone wishing to 14 comment on any matter concerning municipal 15 government in the City of Union City, please step 16 forward, state your name and address for record. 17 Once again, I'd like to thank the Commissioners 18 for sharing in the vision of moving 100 percent of 19 our meetings throughout the community tea and 20 thank them for their work. Thank you very much, 21 Commissioners. 22 This evening, Commissioner Martinetti is 23 not with us, her son had a special event and she 24 couldn't be with us. 25 MS. ROSARIO: Thank you. May I have a 21 1 motion to close public comment. 2 MAYOR STACK: Motion. 3 COMMISSIONER VALDIVIA: Motion. 4 MS. ROSARIO: Motion made by Mayor Stack 5 and second by Commissioner Valdivia. 6 Commissioner Fernandez. 7 COMMISSIONER FERNANDEZ: Yes. 8 MS. ROSARIO: Commissioner Grullon. 9 COMMISSIONER GRULLON: Yes. 10 MS. ROSARIO: Commissioner Valdivia. 11 COMMISSIONER VALDIVIA: Yes. 12 MS. ROSARIO: Mayor Stack. 13 MAYOR STACK: Yes. 14 * * * * 15 16 17 18 19 20 21 22 23 24 25 22 1 Commissioner Fernandez. 2 COMMISSIONER FERNANDEZ: Yes. 3 MS. ROSARIO: Commissioner Grullon. 4 COMMISSIONER GRULLON: Yes. 5 MS. ROSARIO: Commissioner Valdivia. 6 COMMISSIONER VALDIVIA: Yes. 7 MS. ROSARIO: Mayor Stack. 8 MAYOR STACK: Yes. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 1 LIQUOR LICENSE HEARINGS: 2 1. Jor Per Corp. T/a Cucalambe Bar 3 4418 Bergenline Avenue 09-10-33-110-010 4 2. R.G. Entertainment Enterprise, Inc. 5 T/a Therapy Lounge 2803 Bergenline Avenue 6 0910-33-134-006 7 3. Azucar Club, Inc. T/a Azucar Night Club 8 421 43rd Street 0910-33-003-007 9 4. Los Precios Corp. 10 T/a Los Precios Supermarket 2817 Bergenline Avenue 11 0910-43-079-009 12 5. El Chapin Corp. T/a El Cuscatleco Bar Restaurant 13 2118 Bergenline Avenue 0910-33-075-010 14 15 16 17 18 19 20 21 22 23 24 25 24 1 1. JOR PER CORP. 2 t/a Cucalambe Bar 3 4418 Bergenline Avenue 4 0910-33-110-010 5 6 MS. ROSARIO: Now, we have our liquor 7 license hearings. Ramon Gonzalez. 8 MR. GONZALEZ: For the record, Ramon 9 Gonzalez, G-O-N-Z-A-L-E-Z, on behalf of the Union 10 City liquor licenses. 11 Mayor, Commissioners, we have five 12 matters that are listed today. We have Lieutenant 13 Dunlay here and Sergeant Zeron here. We have had 14 previous meetings with some of the individuals. 15 The first matter which is Cucalambe Bar, we're 16 asking that be carried to the June 7th meeting. 17 MS. ROSARIO: May I have a motion to 18 adjourn the matters that Mr. Gonzalez has 19 presented to us on each? 20 MAYOR STACK: Motion. 21 COMMISSIONER FERNANDEZ: Second. 22 MS. ROSARIO: Motion by Mayor Stack, 23 second by Commissioner Fernandez. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes. 25 1 MS. ROSARIO: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MS. ROSARIO: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MS. ROSARIO: Mayor Stack. 6 MAYOR STACK: Yes. 7 * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2. R.G. ENTERTAINMENT ENTERPRISE, INC. 2 t/a Therapy Lounge 3 2803 Bergenline Avenue 4 0910-33-124-006 5 6 MR. GONZALEZ: The next matter is 7 Therapy Lounge. Mr. Guzman is here. Mr. Guzman 8 is the owner, is not represented by an attorney. 9 I have explained to him all the options, the 10 opportunity to be represented, he did not wish to 11 have one at the meeting. And I'll ask him again 12 on the record. Mr. Guzman, do you want an 13 attorney today? We have reached a resolution. If 14 you don't agree with the resolution, then we can 15 postpone and you can have an attorney. You could 16 have a trial, you don't have to accept it. 17 MAYOR STACK: Do you understand your 18 rights? If you want to have an attorney, you're 19 welcome to have an attorney. We can put it off 20 for the next two weeks. Or if you want to come to 21 a resolution with Mr. Gonzalez, you can come to a 22 resolution. If you want to come back and be 23 represented by an attorney, Board is welcoming you 24 to do so. It's your choice. 25 MR. AUTERI: Please keep your voice up, 27 1 sir. 2 MR. GUZMAN: Can I think about this and 3 come back? 4 MAYOR STACK: Do you want to be 5 represented by a lawyer? 6 MR. GUZMAN: I'll let you know. 7 MAYOR STACK: Just communicate with Mr. 8 Gonzalez and we'll hold it to the next commission 9 meeting. When will that be? 10 MR. GONZALEZ: June 7th. 11 MAYOR STACK: That's a Wednesday. 12 MR. GONZALEZ: Because it's the day 13 after -- 14 MAYOR STACK: The primary, right. 15 It would be Wednesday, June 7th. And, 16 Ray, still send out a notice. 17 MR. GONZALEZ: We do. We not only send 18 them out regular mail, certified mail, but they 19 hand deliver to every individual. 20 MAYOR STACK: Send it out. Where will 21 that be, the next meeting? 22 MR. GONZALEZ: That will be at 3911, at 23 the Pavilion. 24 MAYOR STACK: Kennedy Boulevard. 25 MR. GONZALEZ: Yes. 28 1 MAYOR STACK: He'll also send you out a 2 letter. 3 MR. GUZMAN: Thank you. 4 MR. GONZALEZ: You received the letter 5 because he did come to a plea meeting that we had. 6 So that's why I thought it was resolved. 7 MAYOR STACK: Okay. 8 MR. GONZALEZ: Okay. 9 MAYOR STACK: You can communicate. If 10 you have an attorney, have him communicate with 11 Mr. Gonzalez. If you don't have an attorney, you 12 can communicate with him. 13 MR. GUZMAN: And very happy birthday, 14 Mayor. 15 MAYOR STACK: Thank you very much. 16 MR. GONZALEZ: Thank you. 17 MS. ROSARIO: May I have a motion to 18 adjourn the matters that Mr. Gonzalez has 19 presented to us on each? 20 MAYOR STACK: Motion. 21 COMMISSIONER FERNANDEZ: Second. 22 MS. ROSARIO: Motion by Mayor Stack, 23 second by Commissioner Fernandez. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes. 29 1 MS. ROSARIO: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MS. ROSARIO: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MS. ROSARIO: Mayor Stack. 6 MAYOR STACK: Yes. 7 * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 1 3. AZUCAR CLUB, INC. 2 t/a Azucar Night Club 3 421 43rd Street 4 0910-33-003-007 5 6 MR. GONZALEZ: The next matter is Azucar 7 Night Club. I received a letter from the law firm 8 of Lopez and Noris, they have been retained on the 9 matter. We have forwarded discovery to them. 10 We'll attempt to have another meeting to see if we 11 can resolve the matter. But I respectfully 12 request this also be carried to June 7th. 13 MAYOR STACK: You got it. 14 MS. ROSARIO: May I have a motion to 15 adjourn the matters that Mr. Gonzalez has 16 presented to us on each? 17 MAYOR STACK: Motion. 18 COMMISSIONER FERNANDEZ: Second. 19 MS. ROSARIO: Motion by Mayor Stack, 20 second by Commissioner Fernandez. 21 Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Yes. 23 MS. ROSARIO: Commissioner Grullon. 24 COMMISSIONER GRULLON: Yes. 25 MS. ROSARIO: Commissioner Valdivia. 31 1 COMMISSIONER VALDIVIA: Yes. 2 MS. ROSARIO: Mayor Stack. 3 MAYOR STACK: Yes. 4 * * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 1 4. LOS PRECIOS CORP. 2 t/a Los Precios Supermarket 3 2817 Bergenline Avenue 4 0910-43-079-009 5 6 MR. GONZALEZ: The next matter, Los 7 Precios, is also represented by Lopez and Noris 8 and I would request that be carried to the 9 June 7th. 10 MAYOR STACK: Just make sure there's a 11 resolution on them or they go to trial. 12 MR. GONZALEZ: Right. 13 MAYOR STACK: Okay. 14 MR. GONZALEZ: We generally do the 15 resolutions and have to insert the dates of 16 suspension. And if not, we're ready to go with 17 whatever trial. I just don't want to schedule 18 something for trial and have all the officers come 19 in on overtime until we have -- 20 MAYOR STACK: I agree. 21 MR. GONZALEZ: -- until we know. 22 MS. ROSARIO: May I have a motion to 23 adjourn the matters that Mr. Gonzalez has 24 presented to us on each? 25 MAYOR STACK: Motion. 33 1 COMMISSIONER FERNANDEZ: Second. 2 MS. ROSARIO: Motion by Mayor Stack, 3 second by Commissioner Fernandez. 4 Commissioner Fernandez. 5 COMMISSIONER FERNANDEZ: Yes. 6 MS. ROSARIO: Commissioner Grullon. 7 COMMISSIONER GRULLON: Yes. 8 MS. ROSARIO: Commissioner Valdivia. 9 COMMISSIONER VALDIVIA: Yes. 10 MS. ROSARIO: Mayor Stack. 11 MAYOR STACK: Yes. 12 * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 34 1 5. EL CHAPIN CORP. 2 t/a El Cuscatleco Bar Restaurant 3 2118 Bergenline Avenue 4 0910-33-075-010 5 6 MR. GONZALEZ: The last matter is El 7 Chapin. The owner is here. I explained to him 8 that at my request that this matter is being 9 carried. We believe there's new charges that are 10 going to be pending. I explained that to him in 11 Spanish, his English is somewhat limited. We'll 12 have an interpreter for him the next time. I 13 advised that we will be having a plea meeting 14 next -- the 24th, Wednesday, he's aware of that, 15 at the police station. And, hopefully, we can 16 resolve it. If not, I did explain to him the 17 seriousness of what's going on. The neighbors are 18 complaining, there's three incidents here. And 19 there may be one more that's coming. So I 20 suggested he get an attorney. I think he's going 21 to do that. 22 MAYOR STACK: You want to translate that 23 into Spanish for him. 24 (Discussion held in Spanish.) 25 MAYOR STACK: Thank you. 35 1 MS. ROSARIO: May I have a motion to 2 adjourn the matters that Mr. Gonzalez has 3 presented to us on each? 4 MAYOR STACK: Motion. 5 COMMISSIONER FERNANDEZ: Second. 6 MS. ROSARIO: Motion by Mayor Stack, 7 second by Commissioner Fernandez. 8 Commissioner Fernandez. 9 COMMISSIONER FERNANDEZ: Yes. 10 MS. ROSARIO: Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MS. ROSARIO: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MS. ROSARIO: Mayor Stack. 15 MAYOR STACK: Yes. 16 MR. GONZALEZ: Thank you. Those are all 17 our matters. 18 MAYOR STACK: Thank you, Mr. Gonzalez. 19 Thank you very much. 20 * * * * 21 22 23 24 25 36 1 ADJOURNMENT: 2 3 MS. ROSARIO: May I have a motion to 4 adjourn? 5 MAYOR STACK: Motion. 6 COMMISSIONER FERNANDEZ: Second. 7 MS. ROSARIO: Motion by Mayor Stack, 8 second by Commissioner Fernandez. 9 (Whereupon, all Board Members indicate 10 in the affirmative.) 11 12 (Whereupon the meeting was adjourned at 13 7:18 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 37 1 Brian P. Stack 2 Lucio P. Fernandez 3 Celin J. Valdivia 4 Wendy A. Grullon 5 Board of Commissioners 6 7 8 Attest: 9 Angelo Auteri, Esq., 10 Corporation Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 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

Agenda

CITY OF UNION CITY County of Hudson, State of New Jersey Board of Commissioners Meeting Agenda REGULAR PUBLIC MEETING of the Union City Board of Commissioners being held on Tuesday, May 16, 2023 at 7:00 PM at Union Hill Middle School , 3808 Hudson Avenue, Union City, New Jersey PLEDGE OF ALLEGIANCE OPENING STATEMENT This meeting has been called in accordance with Chapter 231, Public Law of 1975, the “Open Public Meetings Act.” Adequate notice of this Meeting has been provided as follows: Notice of this meeting setting forth the time, date, location, and the agenda, to the extent known, was forwarded to THE JERSEY JOURNAL, and THE RECORD, has been posted on the bulletin board in City Hall and has been made available to the public in the Office of the Municipal Clerk. ROLL CALL: COMMISSIONERS FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK APPROVAL OF MINUTES Motion to approve meeting minutes for the May 2, 2023 Board of Commissioners’ Meeting Motion to Approve: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ ORDINANCE(S) FOR INTRODUCTION Adoption on first reading authorizes the Municipal Clerk to advertise the Ordinance(s) with a notice of the introduction, together with a notice of the time and place when the Ordinance(s) will be considered for the final passage. The Ordinance(s) will be further considered at a meeting of the Board of Commissioners to be held on Wednesday, June 7, 2023 at the Housing Authority Hillside Pavilion, 3911 Kennedy Boulevard, Union City, New Jersey at 7:00 p.m. 1. An Ordinance to Regulate Lithium-Ion Batteries in the City of Union City Motion to Introduce: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2. An Ordinance Amending Chapter 234 of the Union City Municipal Code to Authorize the Union City Police Department to Administer and Enforce the Licensing of Businesses and Occupations Within the City of Union City Motion to Introduce: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 3. An Ordinance Amending Chapter 334, Section 2(B)(1), “Applicability Exceptions.” Motion to Introduce: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ CONSENT AGENDA 1. Resolution Approving the Payment of Claims 2. Resolution Approving the Payment of Concurring Claims 3. Resolution Approving the Escrow Refunds 4. Resolution Approving the City Payroll 04/22/2023 -05/05/2023 5. Resolution Approving the Library Payroll 04/22/2023-05/05/2023 6. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 7. Resolution Cancelling Taxes on Property Deemed Exempt for 100% Disabled Veteran 8. Resolution Authorizing Refund of Redemption Monies to Outside Lienholders 9. Resolution Cancelling Taxes on the Master Lot & Transferring Land Taxes to an Individual Condominum 10. Resolution Authorizing Contract for Risk Management Consultant Services for the City of Union City 11. Resolution Supporting the Click it or Ticket Mobilization of May 22nd – June 25th 2023 12. Resolution Authorizing Increase to Contract for Special Counsel Services with Cleary Giaccobe Alfieri & Jacobs for 2022-2023 13. Resolution Authorizing Agreement Between the City of Union City and the County of Hudson Department of Health and Human Services for the Purchase of Services Related to the Office of Aging 14. Resolution Appointing M. Mario Bordon to the Position of Municipal Emergency Management Homeland Security Coordinator/Director 15. Resolution of the Board of Commissioners of the City of Union City Approving the 2021- 2022 Renewal of Liquor License No. 0910-33-136-020 issued to Plaza Espana, Inc. (pocket license) 16. Resolution of the Board of Commissioners of the City of Union City Approving the 2022- 2023 Renewal of Liquor License No. 0910-33-136-020 Issued to Plaza Espana, Inc. (pocket license) **Opportunities for Citizens to Address the Board of Consent Agenda Items** Motion to Close Public Comment: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: Motion to Approve All Items on the Consent Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ REGULAR AGENDA 1. Resolution Approving Payment of HCIA claims Motion to Approve Item 1 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2. Resolution Approving Payment of Claims to the Union City Board of Education Motion to Approve Item 2 on the Regular Agenda: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ ORDINANCE(S) FOR HEARING AND ADOPTION CONSIDERATION 1. Fiscal Year 2023 Model Ordinance To Exceed The Municipal Budget Appropriation Limits And To Establish A Cap Bank (N.J.S.A. 40a: 4-45.14) Motion to Close Public Comment Motion made by seconded by ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ Motion to Adopt Motion made by _________________seconded by __________________________ ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2. An Ordinance of the City of Union City, County of Hudson, New Jersey, Appropriating the Sum of $950,000 in Funding from the Capital Improvement Fund for the Completion of Various Streetscape Improvements Motion to Close Public Comment Motion made by seconded by ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ Motion to Adopt Motion made by _________________seconded by __________________________ ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD Names and addresses need to be provided for the record. Motion to Close the Public Comment Portion of the Meeting Motion made by______________ seconded by ________________ ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ LIQUOR LICENSES HEARINGS (SEE ATTACH) 1. Jor Per Corp. t/a Cucalambe Bar 4418 Bergenline Avenue 09 10-33-110-010 Motion to Approve or Deny Item 1: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2 R.G. Entertainment Enterprise, Inc. t/a Therapy Lounge 2803 Bergenline Avenue 0910-33-134-006 Motion to Approve or Deny Item 2: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 3. Azucar Club, Inc. t/a Azucar Night Club 421 43rd Street 0910-33-003-007 Motion to Approve or Deny Item 3: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 4. Los Precios Corp. t/a Los Precios Supermarket 2817 Bergenline Avenue 0910-43-079-009 Motion to Approve or Deny Item 4: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 5. El Chapin Corp. t/a El Cuscatleco Bar Restaurant 2118 Bergenline Avenue 0910-33-075-010 Motion to Approve or Deny Item 5: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ ADJOURNMENT Motion must be duly made and seconded Motion made by _________________seconded by _____________________ Roll Call: FERNANDEZ, GRULLON, VALDIVIA, MARTINETTI, MAYOR STACK Vote on the motion: AYES_________NAYS______________

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