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Board of Commissioners

Regular Meeting

Union City, NJ · June 7, 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 HOUSING AUTHORITY HILLSIDE PAVILION 3911 Kennedy Boulevard 7 Union City, New Jersey 8 Tuesday, June 7, 2023 9 Commencing at 7:09 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 MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER 14 BRIAN P. STACK, MAYOR 15 M E M B E R S A B S E N T: 16 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 23 24 SUSAN BISCHOFF, CCR, RPR 449 Columbia Blvd., Wood-Ridge, NJ 07075 25 201-933-8220 SBischoffccr@yahoo.com 2 1 A P P E A R A N C E S: 2 ANNA NORIS, ESQ. Attorney for Jor Per Corp. 3 ANNA NORIS, ESQ. 4 Attorney for R.G. Entertainment 5 ANNA NORIS, ESQ. Attorney for Azucar Club, Inc. 6 ANNA NORIS, ESQ. 7 Attorney for Los Precios Corp. 8 CHRISTIAN DIAZ, ESQ. Attorney for El Chapin Corp. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 I N D E X 2 PAGE 3 CALL TO ORDER 4 SALUTE TO FLAG 4 4 ROLL CALL 4 5 SPECIAL PRESENTATION 5 MINUTES 5 6 ORDINANCE(S) FOR INTRODUCTION 6 7 CONSENT AGENDA 8 8 REGULAR AGENDA 17/20 9 ORDINANCE(S) FOR HEARING AND ADOPTION 21/25/28 10 CITIZENS ADDRESS THE BOARD 31 11 LIQUOR LICENSE PUBLIC HEARINGS 33 12 El Chapin Corp. 34 13 Los Precios Corp. 40 Jor Per Corp. 43 14 R.G. Entertainment 45/49 Azucar Club, Inc. 46 15 ADJOURNMENT 52 16 17 18 19 20 21 22 23 24 25 4 1 MR. AUTERI: This regular public meeting 2 of the Union City Board of Commissioners being 3 held Wednesday, June 7, 2023, at 7:00 p.m. at the 4 Housing Authority Hillside Pavilion, 3911 Kennedy 5 Boulevard, Union City, New Jersey. Please stand 6 for the Pledge of Allegiance. 7 (Whereupon, the Pledge of Allegiance was 8 recited.) 9 MR. AUTERI: This meeting has been 10 called in accordance with the Open Public Meetings 11 Act. Adequate notice of the meeting has been 12 provided to The Jersey Journal, The Record, and 13 posted on the bulletin board in City Hall and made 14 available to the public in the office of the 15 Municipal Clerk. 16 17 ROLL CALL: 18 19 MR. AUTERI: Roll call. Commissioner 20 Fernandez. 21 COMMISSIONER FERNANDEZ: Here. 22 MR. AUTERI: Commissioner Grullon. 23 COMMISSIONER GRULLON: Here. 24 MR. AUTERI: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Here. 5 1 MR. AUTERI: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Here. 3 MR. AUTERI: Mayor Stack. 4 MAYOR STACK: Here. 5 6 SPECIAL PRESENTATIONS: 7 8 MR. AUTERI: First item on the agenda 9 are special presentations to the Union City High 10 School Soaring Eagles girls cross country and the 11 Soaring Eagles track and field team. 12 Commissioner Fernandez, the floor is 13 yours. 14 (Special presentations to Union City 15 High School Soaring Eagles girl cross country and 16 Union City High School Soaring Eagles track and 17 field.) 18 19 APPROVAL OF MINUTES: 20 21 MR. AUTERI: We're back on the record, 22 the time is 7:16 p.m. 23 Next item on the agenda is the approval 24 of minutes from the meeting on May 16, 2023. May 25 I have a motion to approve? 6 1 COMMISSIONER VALDIVIA: Motion. 2 MR. AUTERI: Motion by Commissioner 3 Valdivia. 4 COMMISSIONER GRULLON: Second. 5 MR. AUTERI: Second by Commissioner 6 Grullon. 7 Commissioner Fernandez. 8 COMMISSIONER FERNANDEZ: Yes. 9 MR. AUTERI: Commissioner Grullon. 10 COMMISSIONER GRULLON: Yes. 11 MR. AUTERI: Commissioner Valdivia. 12 COMMISSIONER VALDIVIA: Yes. 13 MR. AUTERI: Commissioner Martinetti is 14 recusing. 15 Mayor Stack. 16 MAYOR STACK: Yes. 17 18 (Whereupon, the Board discussed and took 19 action on the following item: 20 ORDINANCE(S) FOR INTRODUCTION: 21 1. AN ORDINANCE AUTHORIZING A SPECIAL 22 EMERGENCY APPROPRIATION PURSUANT TO N.J.S.A. 23 40A:4-53(b) FOR THE PAYMENT OF CONTRACTUALLY 24 REQUIRED SEVERANCE LIABILITIES IN AND FOR THE CITY 25 OF UNION CITY, COUNTY OF HUDSON, NEW JERSEY) 7 1 2 MR. AUTERI: Next are ordinances for 3 introduction. Adoption on first reading 4 authorizes the municipal clerk to advertise the 5 ordinance with a notice of introduction, together 6 with a notice of the time and place when the 7 ordinance will be considered for final passage. 8 This ordinance will be further 9 considered at a meeting of the Board of 10 Commissioners to be held on Tuesday, June 20, 11 2023, at the Bella Vista Apartments, 522 22nd 12 Street, Union City, New Jersey, at 7:00 p.m. 13 It's an ordinance authorizing a special 14 emergency appropriation pursuant to N.J.S.A. 15 40A:4-53(b) for the payment of contractually 16 required severance liabilities in and for the City 17 of Union City, County of Hudson, New Jersey. 18 May I have a motion to introduce? 19 COMMISSIONER MARTINETTI: Motion. 20 MR. AUTERI: Motion by Commissioner 21 Martinetti. 22 COMMISSIONER VALDIVIA: Second. 23 MR. AUTERI: Second by Commissioner 24 Valdivia. 25 Commissioner Fernandez. 8 1 COMMISSIONER FERNANDEZ: Yes. 2 MR. AUTERI: Commissioner Grullon. 3 COMMISSIONER GRULLON: Yes. 4 MR. AUTERI: Commissioner Valdivia. 5 COMMISSIONER VALDIVIA: Yes. 6 MR. AUTERI: Commissioner Martinetti. 7 COMMISSIONER MARTINETTI: Yes. 8 MR. AUTERI: Mayor Stack. 9 MAYOR STACK: Yes. 10 11 (Whereupon, the Board discussed and took 12 action on the following items in total: 13 CONSENT AGENDA: 14 ( 1) Resolution Approving the Payment of Claims. 15 ( 2) Resolution Approving the Payment of 16 Concurring Claims. 17 ( 3) Resolution Approving the Escrow Funds. 18 ( 4) Resolution Approving the City Payroll May 6, 19 2023 Through May 19, 2023. 20 ( 5) Resolution Approving the Library Payroll 21 May 6, 2023 Through May 19, 2023. 22 ( 6) Resolution Authorizing the Refund of Premium 23 Monies Collected At the Tax Sale. 24 ( 7) Resolution Authorizing the Refund of 25 Redemption Monies to Outside Lienholders. 9 1 ( 8) Resolution Authorizing the Renewal of the 2 Shared Services Agreement With Hudson County For 3 the Maintenance of City Owned Traffic Signals. 4 ( 9) Resolution Approving Chapter 159 For Click It 5 Or Ticket Grant. 6 (10) Resolution Approving Chapter 159 For 2023 7 Farmers Market. 8 (11) Resolution Authorizing the Receipt of Bids 9 For Tree Trimming Services 2023. 10 (12) Resolution Approving an Increase to Contract 11 For Public Defender Services For 2022-2023. 12 (13) Resolution Authorizing Payment to Montana 13 Construction For Emergency Roadway Repair Services 14 At 1504-1506 Palisade Avenue. 15 (14) Resolution Authorizing the Award of a Raffle 16 License to Holy Cross Armenian Church. 17 (15) Resolution Appointing Members of the City of 18 Union City Board of School Estimate. 19 (16) Resolution Authorizing Contract With DLS 20 Contracting, Inc., For the City of Union City 2023 21 Road Resurfacing Program. 22 (17) Resolution Authorizing Emergency Contract For 23 Firefighters Park Repair Services. 24 (18) Resolution Authorizing Receipt of Bids For 25 Bruce Walter Pool Repair Services. 10 1 (19) Resolution Authorizing Amendment of Contract 2 For Citywide Reassessment Services. 3 (20) Resolution to Appoint Members to the Zoning 4 Board of Adjustment For the City of Union City. 5 (21) Resolution to Reappoint Class II Member of 6 the City of Union City Planning Board. 7 (22) Resolution to Reappoint Class III Member to 8 the Union City Planning Board. 9 (23) Municipal Endorsing Resolution to Authorize 10 Application For the Hudson County Open Space 11 Recreation and Historic Preservation Trust Fund 12 For Acquisition of Property Located At 4100 13 Palisade Avenue. 14 (24) Municipal Endorsing Resolution to Authorize 15 Application to the Hudson County Open Space 16 Recreation and Historic Preservation Trust Fund to 17 Fund the Washington Park Soccer Field Turf 18 Replacement. 19 (25) Resolution Authorizing the Issuance of Lead 20 Assistance Grant Funds to the City of Union City 21 By the New Jersey Department of Community Affairs. 22 (26) Resolution Awarding the Contract For NJ DOT 23 Fiscal Year 2023 13th, 37th, and 38th Street 24 Improvements Project. 25 (27) Resolution Designating 14th Street Between 11 1 John F. Kennedy Boulevard and Summit Avenue As "2 2 Manny's Way". 3 (28) Resolution Designating Bergenline Avenue 4 Between 13th Street and 14th Street As "Daniel J. 5 Malanka Way". 6 (29) Resolution Designating 47th Street Between 7 Bergenline and New York Avenue As "El Salvador 8 Way". 9 (30) Resolution Authorizing the Award of Contract 10 For Engineering Services With Boswell Engineering. 11 MR. AUTERI: Next is the consent agenda, 12 we have 30 items on the consent tonight. 13 One, resolution approving the payment of 14 claims. 15 Two, resolution approving the payment of 16 concurring claims. 17 Three, resolution approving the escrow 18 funds. 19 Four, resolution approving the city 20 payroll May 6, 2023 through May 19, 2023. 21 Five, resolution approving the library 22 payroll May 6, 2023 through May 19, 2023. 23 Six, resolution authorizing the refund 24 of premium monies collected at the tax sale. 25 Seven, resolution authorizing the refund 12 1 of redemption monies to outside lienholders. 2 Eight, resolution authorizing the 3 renewal of the shared services agreement with 4 Hudson County for the maintenance of city owned 5 traffic signals. 6 Nine, resolution approving Chapter 159 7 for click it or ticket grant. 8 Ten, resolution approving Chapter 159 9 for 2023 farmers market. 10 Eleven, resolution authorizing the 11 receipt of bids for tree trimming services 2023. 12 Twelve, resolution approving an increase 13 to contract for public defender services for 14 2022-2023. 15 Thirteen, resolution authorizing payment 16 to Montana Construction for emergency roadway 17 repair services at 1504-1506 Palisade Avenue. 18 Fourteen, resolution authorizing the 19 award of a raffle license to Holy Cross Armenian 20 Church. 21 Fifteen, resolution appointing members 22 of the City of Union City Board of School 23 Estimate. 24 Sixteen, resolution authorizing contract 25 with DLS Contracting, Inc., for the City of Union 13 1 City 2023 road resurfacing program. 2 Seventeen's title is incorrect. It 3 should read resolution authorizing emergency 4 contract for Firefighters Park repair services. 5 It's just the wrong park, it's $50,000. It was an 6 emergency repair service, so that the City could 7 open -- 8 MAYOR STACK: Angelo, I sent you 9 additional on that? You and Tammy may not have 10 gotten it. You're going to get the additional on 11 that from John Capizzi on the additional repair, 12 so we can authorize that and it put on the next 13 meeting because time frame is -- 14 MS. ZUCCA: I think you sent it to me 15 already, for $35,000. 16 MR. AUTERI: It's a different 17 contractor. 18 Eighteen, resolution authorizing receipt 19 of bids for Bruce Walter pool repair services. 20 Nineteen, resolution authorizing 21 amendment of contract for citywide reassessment 22 services. 23 Twenty, resolution to appoint members to 24 the Zoning Board of Adjustment for the City of 25 Union City. 14 1 Twenty-one, resolution to reappoint 2 Class II member of the City of Union City Planning 3 Board. 4 Twenty-two, resolution to reappoint 5 Class III member to the Union City Planning Board. 6 Twenty-three municipal endorsing 7 resolution to authorize application for the Hudson 8 County Open Space Recreation and Historic 9 Preservation Trust Fund for acquisition of 10 property located at 4100 Palisade Avenue. 11 Twenty-four, municipal endorsing 12 resolution to authorize application to the Hudson 13 County Open Space Recreation and Historic 14 Preservation Trust Fund to fund the Washington 15 park soccer field turf replacement. 16 Twenty-five, resolution authorizing the 17 issuance of lead assistance grant funds to the 18 City of Union City by the New Jersey Department of 19 Community Affairs. 20 Twenty-six, resolution awarding the 21 contract for NJ DOT fiscal year 2023 13th, 37th, 22 and 38th Street improvements project. 23 Twenty-seven, resolution designating 24 14th Street between John F. Kennedy Boulevard and 25 Summit Avenue as "2 Manny's Way". 15 1 Twenty-eight, resolution designating 2 Bergenline Avenue between 13th Street and 14th 3 Street as "Daniel J. Malanka Way". 4 Twenty-nine, resolution designating 47th 5 Street between Bergenline and New York Avenue as 6 "El Salvador Way". 7 Thirty, resolution authorizing the award 8 of contract for engineering services with Boswell 9 Engineering. 10 The Mayor is recusing on payments to the 11 law firm of Chasan Lamparello. 12 Mayor, at this time, would you like to 13 take public comment on the consent agenda? 14 MAYOR STACK: Sure. Just before we do, 15 just to recognize the Hudson County Open Space on 16 the grant funding for Washington Park soccer 17 field, that's important. That's New York Avenue, 18 that's a project we did many, many years. Do you 19 remember when, Lucio? 20 COMMISSIONER FERNANDEZ: Oh, God, it was 21 a long time. 22 MAYOR STACK: It was a long time. We 23 definitely got our money's worth out of the field. 24 And there's additional monies that we need for 25 4100 Palisade Avenue to put an additional soccer 16 1 field for our youth and also for a small passive 2 park, which is going to be a beautiful project 3 starting from the end of this year into next year. 4 Having said that, anyone wishing to 5 comment on the consent agenda, please step 6 forward, state your name and address for the 7 record. Seeing none. 8 MR. AUTERI: May I have a motion to 9 close? 10 MAYOR STACK: Motion. 11 COMMISSIONER MARTINETTI: Second. 12 MR. AUTERI: Motion by Mayor Stack. 13 Second by Commissioner Martinetti. 14 Commissioner Fernandez. 15 COMMISSIONER FERNANDEZ: Yes. 16 MR. AUTERI: Commissioner Grullon. 17 COMMISSIONER GRULLON: Yes. 18 MR. AUTERI: Commissioner Valdivia. 19 COMMISSIONER VALDIVIA: Yes. 20 MR. AUTERI: Commissioner Martinetti. 21 COMMISSIONER MARTINETTI: Yes. 22 MR. AUTERI: Mayor Stack. 23 MAYOR STACK: Yes. 24 MR. AUTERI: May I have a motion to 25 approve all items on the consent agenda? 17 1 COMMISSIONER VALDIVIA: Motion. 2 MR. AUTERI: Motion by Commissioner 3 Valdivia. 4 COMMISSIONER GRULLON: Second. 5 MR. AUTERI: Second by Commissioner 6 Grullon. 7 Commissioner Fernandez. 8 COMMISSIONER FERNANDEZ: The 9 recommendation on Item Number 15? 10 MR. AUTERI: Yes, it has to be city 11 commissioners on the board, it has to be. So the 12 vote has to come from the Board. 13 COMMISSIONER FERNANDEZ: Yes. 14 MR. AUTERI: Commissioner Grullon. 15 COMMISSIONER GRULLON: Yes. 16 MR. AUTERI: Commissioner Valdivia. 17 COMMISSIONER VALDIVIA: Yes. 18 MR. AUTERI: Commissioner Martinetti. 19 COMMISSIONER MARTINETTI: Yes. 20 MR. AUTERI: Mayor Stack. 21 MAYOR STACK: Yes. 22 23 (Whereupon, the Board discussed and took 24 action on the following item: 25 REGULAR AGENDA: 18 1 1. Resolution amending municipal budge 2 for SFY2023.) 3 4 MR. AUTERI: Next is the regular agenda. 5 Item number one on the regular agenda is a 6 resolution amending municipal budget for SFY2023. 7 MS. ZUCCA: There should be a public -- 8 MAYOR STACK: I would just like to 9 recognize that's Tammy Zucca, our chief financial 10 officer from the finance department. Tammy, do 11 you have anything you would like to add tonight? 12 MS. ZUCCA: We had some struggles this 13 year with the budget, but thanks to Mayor Stack 14 who secured us all the additional funding we 15 needed to balance the budget, we have stable tax 16 rate, revenues increased, again, thanks to Mayor 17 Stack. And our expenditures are basically in line 18 with the prior years. We had about $3 million in 19 surplus from last year that the state let us use 20 also to help balance the budget this year. And 21 we're hoping by the end of this year, we'll have 22 another successful year and be able to move 23 forward with a little bit extra surplus. Other 24 than that, if anyone has any questions, I'm here. 25 MR. AUTERI: At this time, we should 19 1 take public comment. Mayor, would you like to 2 take public comment on this item? 3 MAYOR STACK: Anyone wishing to comment 4 on the municipal budget state fiscal year 2023, 5 please step forward, state your name and address 6 for the record? Seeing none. 7 MR. AUTERI: Motion to close public 8 comment? 9 MAYOR STACK: Motion to close. 10 COMMISSIONER MARTINETTI: Second. 11 MR. AUTERI: Motion by Mayor Stack, 12 second by Commissioner Martinetti. 13 Commissioner Fernandez. 14 COMMISSIONER FERNANDEZ: Yes. 15 MR. AUTERI: Commissioner Grullon. 16 COMMISSIONER GRULLON: Yes. 17 MR. AUTERI: Commissioner Valdivia. 18 COMMISSIONER VALDIVIA: Yes. 19 MR. AUTERI: Commissioner Martinetti. 20 COMMISSIONER MARTINETTI: Yes. 21 MR. AUTERI: Mayor Stack. 22 MAYOR STACK: Yes. May I have a motion 23 to approve? 24 COMMISSIONER MARTINETTI: Motion. 25 COMMISSIONER FERNANDEZ: Second. 20 1 MR. AUTERI: Motion by Martinetti, 2 second by Commissioner Fernandez. 3 Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MR. AUTERI: Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MR. AUTERI: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MR. AUTERI: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MR. AUTERI: Mayor Stack. 12 MAYOR STACK: Yes. 13 14 (Whereupon, the Board discussed and took 15 action on the following item: 16 REGULAR AGENDA: 17 2. Resolution adopting annual municipal 18 budget for SFY2023.) 19 20 MR. AUTERI: Next item is the resolution 21 adopting annual municipal budget for SFY2023. 22 Mayor, at this time, would you like to take public 23 comment on this item? 24 MAYOR STACK: Anyone wishing to comment 25 on the resolution adopting the annual municipal 21 1 budget state fiscal year 2023, please step 2 forward, state your name and address for the 3 record. Seeing none, I'll make the motion to 4 close. 5 COMMISSIONER MARTINETTI: Second. 6 MR. AUTERI: Motion by Mayor Stack, 7 second by Commissioner Martinetti. 8 Commissioner Fernandez. 9 COMMISSIONER FERNANDEZ: Yes. 10 MR. AUTERI: Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MR. AUTERI: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MR. AUTERI: Commissioner Martinetti. 15 COMMISSIONER MARTINETTI: Yes. 16 MR. AUTERI: Mayor Stack. 17 MAYOR STACK: Yes. 18 19 (Whereupon, the Board discussed and took 20 action on the following items: 21 ORDINANCE(S) FOR HEARING AND ADOPTION 22 CONSIDERATION: 23 1. An ordinance to regulate the sale of 24 lithium-ion batteries in the City of Union City.) 25 22 1 MR. AUTERI: Next, we have ordinances 2 for hearing and adoption consideration. The first 3 is an ordinance to regulate the sale of 4 lithium-ion batteries in the City of Union City. 5 Mayor, would you like to take public 6 comment? 7 MAYOR STACK: So what this ordinance 8 would do this ordinance would regulate the sale of 9 lithium-ion batteries. So it's the aftermarket 10 sales of these batteries that make them very 11 dangerous to charge them. We see the fires that 12 have taken place not only in New Jersey, but in 13 New York which are much more well publicized, 14 where you see half a block is burned down in the 15 Bronx. This is just something we're trying to get 16 our arms around just to keep everyone safe in 17 their home. 18 The fire prevention and fire department 19 have recommended that we adopt this type of 20 ordinance. The chief and I attended a clergy 21 meeting on Friday, which became a big topic among 22 the clergy. We're doing the seminars with the 23 clergy so we can teach the congregations along 24 with the entire community at large about the 25 danger of these batteries charging overnight, the 23 1 bicycles. Leaving them to charge on top of a bed, 2 that could easily ignite a fire. 3 So we're trying to get this message out, 4 this is something to send out to the all the 5 businesses. Angelo, we're going to need to send 6 it out with a cover letter from fire prevention, 7 explaining why we're adopting the ordinance to 8 keep people safe and stop and prevent fires. 9 Anyone wishing to comment on this 10 ordinance at this time, please step forward, state 11 your name and address for the record. I'm also 12 introducing legislation as a state senator on 13 this, so it's a statewide, so not every town has 14 to adopt an ordinance on this. But we're doing 15 this as a temporary measure until we get something 16 adopted on the statewide level. 17 Anyone wishing to comment on this 18 ordinance at this time, state your name and 19 address for the record? Seeing none, motion. 20 MR. AUTERI: Motion by Mayor Stack to 21 close. 22 COMMISSIONER VALDIVIA: Second. 23 MR. AUTERI: Second by Commissioner 24 Valdivia. 25 Commissioner Fernandez. 24 1 COMMISSIONER FERNANDEZ: Yes. 2 MR. AUTERI: Commissioner Grullon. 3 COMMISSIONER GRULLON: Yes. 4 MR. AUTERI: Commissioner Valdivia. 5 COMMISSIONER VALDIVIA: Yes. 6 MR. AUTERI: Commissioner Martinetti. 7 COMMISSIONER MARTINETTI: Yes. 8 MR. AUTERI: Mayor Stack. 9 MAYOR STACK: Yes. 10 MR. AUTERI: May I have a motion to 11 adopt the ordinance? 12 COMMISSIONER VALDIVIA: Motion. 13 COMMISSIONER GRULLON: Second. 14 MR. AUTERI: Motion by Commissioner 15 Valdivia. Second by Commissioner Grullon. 16 Commissioner Fernandez. 17 COMMISSIONER FERNANDEZ: Yes. 18 MR. AUTERI: Commissioner Grullon. 19 COMMISSIONER GRULLON: Yes. 20 MR. AUTERI: Commissioner Valdivia. 21 COMMISSIONER VALDIVIA: Yes. 22 MR. AUTERI: Commissioner Martinetti. 23 COMMISSIONER MARTINETTI: Yes. 24 MR. AUTERI: Mayor Stack. 25 MAYOR STACK: Yes. 25 1 2 (Whereupon, the Board discussed and took 3 action on the following items: 4 ORDINANCE(S) FOR HEARING AND ADOPTION 5 CONSIDERATION: 6 2. An ordinance amending Chapter 234 of 7 the Union City Municipal Code to authorize the 8 Union City Police Department to administer and 9 enforce the licensing of businesses and 10 occupations within the City of Union City.) 11 12 MR. AUTERI: The second ordinance is an 13 ordinance amending Chapter 234 of the Union City 14 municipal code to authorize the Union City Police 15 Department to administer and enforce the licensing 16 of business and occupations within the City of 17 Union City. 18 Mayor, would you like to take public 19 comment on this ordinance? 20 MAYOR STACK: Sure. Anyone wishing to 21 comment on this ordinance at this time, please 22 step forward. This is something that was also 23 recommended at one of our directors' meetings, how 24 having the police department administer and 25 enforce licensing of businesses and occupations 26 1 within the City of Union City. This would keep a 2 uniform policy out of one office where licenses 3 would be given that we could govern -- we have 4 businesses in the City operating without a 5 license. This is not something to penalize 6 anybody. 7 This would give everyone in the City an 8 opportunity to come in and license their business. 9 This way we know what we have out there and what 10 we don't have out there. 11 It will also help us in the future if we 12 want to publish any type of a municipal guide. 13 Lucio and I worked on this years ago to purchase a 14 guide in the City of Union City where people would 15 know all the restaurants are, where if you want to 16 get repairs to an appliance, where you can go. It 17 would be a multifaceted guide and an ordinance so 18 that we can help the businesses in the long run. 19 Anyone wishing to comment on this 20 ordinance, please step forward, state your name 21 and address for the record. Seeing none, I make a 22 motion to close. 23 MR. AUTERI: Motion by Mayor Stack to 24 close public comment. 25 COMMISSIONER FERNANDEZ: Second. 27 1 MR. AUTERI: Second by Commissioner 2 Fernandez. 3 Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MR. AUTERI: Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MR. AUTERI: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MR. AUTERI: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MR. AUTERI: Mayor Stack. 12 MAYOR STACK: Yes. 13 MR. AUTERI: May I have motion to adopt 14 the ordinance? 15 COMMISSIONER MARTINETTI: Motion. 16 MR. AUTERI: Motion by Commissioner 17 Martinetti. 18 COMMISSIONER VALDIVIA: Second. 19 MR. AUTERI: Second by Commissioner 20 Valdivia. 21 Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Yes. 23 MR. AUTERI: Commissioner Grullon. 24 COMMISSIONER GRULLON: Yes. 25 MR. AUTERI: Commissioner Valdivia. 28 1 COMMISSIONER VALDIVIA: Yes. 2 MR. AUTERI: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MR. AUTERI: Mayor Stack. 5 MAYOR STACK: Yes. 6 7 (Whereupon, the Board discussed and took 8 action on the following items: 9 ORDINANCE(S) FOR HEARING AND ADOPTION 10 CONSIDERATION: 11 3. An ordinance amending Chapter 334, 12 Section 2(B)(1), "applicability exceptions".) 13 14 MR. AUTERI: The third and final 15 ordinance for consideration tonight is an 16 ordinance amending Chapter 334, Section 2(B)(1), 17 applicability exceptions. 18 Mayor, would you like to take public 19 comment on this ordinance? 20 MAYOR STACK: Just if you can explain 21 this one for the public's knowledge? Just to 22 refresh our memories. 23 MR. AUTERI: Absolutely. So years ago, 24 back in 2017, and again in 2018, the City amended 25 the rent control ordinance to reduce the exception 29 1 amounts for rent controlled units. Originally, 2 the City did reduce it to six -- to five and six 3 unit properties. And at the time, the ordinance 4 stated that owner occupied properties were 5 quote/unquote grandfathered in and not, you 6 know -- did not fall under the exemption. 7 Then again in 2018, the City reduced it 8 again to four unit owner occupied properties and 9 three unit owner occupied properties and it didn't 10 contain the same language. So this amendment is 11 simply a clarification to set forth that three and 12 four unit owner occupied properties are exempt 13 from the rent control ordinance. 14 MAYOR STACK: This is clearing up, doing 15 some housekeeping. Anyone wishing to comment on 16 this ordinance at this time, please step forward 17 and state your name and address for the record. 18 Seeing none, I'll make a motion to close the 19 public comment. 20 MR. AUTERI: Motion by Mayor Stack. 21 COMMISSIONER GRULLON: Second. 22 MR. AUTERI: Second by Commissioner 23 Grullon. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes. 30 1 MR. AUTERI: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MR. AUTERI: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MR. AUTERI: Commissioner Martinetti. 6 COMMISSIONER MARTINETTI: Yes. 7 MR. AUTERI: Mayor Stack. 8 MAYOR STACK: Yes. 9 MR. AUTERI: May I have a motion to 10 adopt the ordinance? 11 COMMISSIONER VALDIVIA: Motion. 12 MR. AUTERI: Motion by Commissioner 13 Valdivia. 14 MAYOR STACK: Second. 15 MR. AUTERI: Second by Mayor Stack. 16 Commissioner Fernandez. 17 COMMISSIONER FERNANDEZ: Yes. 18 MR. AUTERI: Commissioner Grullon. 19 COMMISSIONER GRULLON: Yes. 20 MR. AUTERI: Commissioner Valdivia. 21 COMMISSIONER VALDIVIA: Yes. 22 MR. AUTERI: Commissioner Martinetti. 23 COMMISSIONER MARTINETTI: Yes. 24 MR. AUTERI: Mayor Stack. 25 MAYOR STACK: Yes. 31 1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 2 3 MR. AUTERI: Mayor, at this time, would 4 you like to take public comment any matter 5 concerning municipal government in the City of 6 Union City? 7 MAYOR STACK: Sure. Just before we do, 8 I want to thank you to the commissioners again for 9 moving our meetings throughout the community and 10 trying to get as much public input as possible. 11 Having said that, does anyone have any 12 comment on any matter in the City of Union City. 13 If so, please step forward, state your name and 14 address for the record? Seeing none. 15 MR. AUTERI: May I have a motion to 16 close? 17 COMMISSIONER MARTINETTI: Motion. 18 COMMISSIONER GRULLON: Second. 19 MR. AUTERI: Motion by Commissioner 20 Martinetti. Second by Commissioner Grullon. 21 Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Yes. 23 MR. AUTERI: Commissioner Grullon. 24 COMMISSIONER GRULLON: Yes. 25 MR. AUTERI: Commissioner Valdivia. 32 1 COMMISSIONER VALDIVIA: Yes. 2 MR. AUTERI: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MR. AUTERI: Mayor Stack. 5 MAYOR STACK: Yes. 6 * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 1 LIQUOR LICENSE HEARINGS: 2 1. Jor Per Corp. T/a Cucalambe Bar 3 4418 Bergenline Avenue 0910-33-110-010 4 (Anna Noris, Esq.) 5 2. R.G. Entertainment Enterprise, Inc. T/a Therapy Lounge 6 2803 Bergenline Avenue 0910-33-134-006 7 (Anna Noris, Esq.) 8 3. Azucar Club, Inc. T/a Azucar Night Club 9 421 43rd Street 0910-33-003-007 10 (Anna Noris, Esq.) 11 4. Los Precios Corp. At/a Los Precios Supermarket 12 2817 Bergenline Avenue 0910-43-079-009 13 (Anna Noris, Esq.) 14 5. El Chapin Corp. T/a El Cuscatleco Bar Restaurant 15 2118 Bergenline Avenue 0910-33-075-010 16 (Christian Diaz, Esq.) 17 18 19 20 21 22 23 24 25 34 1 1. El Chapin Corp. 2 T/a El Cuscatleco Bar Restaurant 3 2118 Bergenline Avenue 4 0910-33-075-010 5 (Christian Diaz, Esq.) 6 7 MR. AUTERI: At this time, we have 8 liquor license hearings. Mr. Gonzalez. 9 MR. GONZALEZ: Good evening. For the 10 record, Ramon Gonzalez on behalf of the Union City 11 ABC. 12 Good evening, Mayor and Commissioners. 13 We have five matters listed for today. We've had 14 an opportunity to review these matters prior to 15 today. We have received resolutions on all of 16 them. Present, I have Sergeant Zeron, if she can 17 come, and Lieutenant Dunlay, who've been 18 instrumental in the preparation of these cases. 19 What I would like to do is I'd like to go a little 20 bit out of order of what we have on our agenda. 21 I'd like to call the matter El Chapin 22 Corporation, trading as El Cuscatleco Bar, they're 23 represented by counsel. We do also have an 24 interpreter, if we can have her sworn in. 25 35 1 S O L V I L L O N, an interpreter of the 2 SPANISH language, after having been duly sworn or 3 affirmed, did interpret the following testimony: 4 5 MR. GONZALEZ: This particular 6 establishment has four incidents that we're 7 addressing, one on November 26, 2022; March 12, 8 2022; March 26, 2023; and the last one would be on 9 May 6th, 2023. All of them involve brawls and 10 serving to underaged minors. 11 We're taking this very serious, but in 12 an effort to resolve this matter, with the consent 13 of the police department, we've come up with a 14 very unique situation as a resolution. It really 15 puts the keys to the license in the holder's hand. 16 We have proposed and they have agreed to a 45 day 17 suspension that would start July 3rd. In 18 addition, if there's any new charges, it would be 19 more than four offenses, so we would be allowed to 20 proceed for revocation of the license. 21 More importantly, the police department 22 is very concerned with what's going on there. And 23 it's requested that the special condition -- that 24 they close at 12:00 for one continuous year also 25 be one of the penalties. I think under the 36 1 circumstances and with the consent of the police 2 department and their concerns, that is very 3 important issue. Because that really goes to the 4 quality of life. 5 As I said to the licensee through his 6 attorney, Mr. Diaz who's present, any future 7 violations could be a revocation. So this is 8 taken very seriously. And as I said to counsel 9 and his client, this is obviously subject to the 10 approval by this Commission. You want to put your 11 appearance. 12 MR. DIAZ: Good evening, Mayor Stack, 13 Board, my name Christian Diaz and I represent El 14 Cuscatleco Restaurant, El Chapin Corp. is the 15 parent company. 16 As Mr. Gonzalez put it, while this bar 17 restaurant has had its trials and tribulations 18 throughout the years, I think this step of closing 19 at 12:00 every night for a continuous year is not 20 only going to help their establishment, but Union 21 City, as a whole. I think as a bar restaurant, 22 unfortunately, in that type of environment, it's 23 very difficult after serving to control what 24 happens outside of the establishment on the 25 sidewalk. But nevertheless, if we can limit the 37 1 amount of serving and the amount of time that 2 people are in the establishment, that will 3 certainly help. 4 They fully understand and the owner 5 fully understands the severity of the situation 6 and is full cognizant of the penalties and the 7 consequences thereafter. So I do thank Mr. 8 Gonzalez and the department and everybody here 9 tonight for entertaining this resolution. Thank 10 you. 11 MAYOR STACK: Thank you very much. So 12 the terms are it would be 45 days? 13 MR. GONZALEZ: It would be 45 days, 14 commencing on July 3rd. There would be -- and 15 that's continuous. The special condition will 16 last for one year, where he will have to be closed 17 at 12:00 midnight. And, lastly, if there's any 18 other violation, we can proceed for revocation of 19 the license since it's more than four prior 20 charges within a continuous year. 21 MAYOR STACK: So 45 days starting July 22 3rd and for one year, they'll be closing at 23 midnight? 24 MR. GONZALEZ: That's correct. 25 MAYOR STACK: That's correct, okay. 38 1 I'll make a motion to approve. 2 COMMISSIONER FERNANDEZ: Is it any 3 violations or similar violations? 4 MR. GONZALEZ: Pursuant to the ABC code, 5 any violation could subject him to revocation. 6 Obviously, I believe the Mayor and Commissioners, 7 you have seen that we've been very helpful with 8 licensee holders. So we suspect that there should 9 be no violations. But if it's something serious, 10 we will proceed with revocation. 11 MAYOR STACK: Thank you, Lucio. Any 12 other Commissioners have any questions at this 13 time? I'll make a motion to approve. 14 MR. AUTERI: Motion by Mayor Stack. 15 COMMISSIONER FERNANDEZ: Second. 16 MR. AUTERI: Second by Commissioner 17 Fernandez. 18 Commissioner Fernandez. 19 COMMISSIONER FERNANDEZ: Yes. 20 MR. AUTERI: Commissioner Grullon. 21 COMMISSIONER GRULLON: Yes. 22 MR. AUTERI: Commissioner Valdivia. 23 COMMISSIONER VALDIVIA: Yes. 24 MR. AUTERI: Commissioner Martinetti. 25 COMMISSIONER MARTINETTI: Yes. 39 1 MR. AUTERI: Mayor Stack. 2 MAYOR STACK: Yes. Thank you very much. 3 * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 1 2. Los Precios Corp. 2 T/a Los Precios Supermarket 3 2817 Bergenline Avenue 4 0910-43-079-009 5 (Anna Noris, Esq.) 6 7 MR. GONZALEZ: The next matter I'd like 8 to call is Los Precios Supermarket. They are 9 represented by Anna Noris. 10 This matter we have a proposed 11 disposition -- 12 MAYOR STACK: This is on which one, Mr. 13 Gonzalez? 14 MR. GONZALEZ: Los Precios Supermarket, 15 it's located at 2817 Bergenline Avenue. 16 MR. AUTERI: Let the record reflect that 17 Commissioner Martinetti is leaving the meeting at 18 7:39. 19 MAYOR STACK: Go ahead, Mr. Gonzalez. 20 MR. GONZALEZ: On this matter, the owner 21 Mr. Donsel, he's owned the license for over 22 30 years. He has no violations whatsoever. What 23 he did is he came in to our pre-meeting, sat with 24 us, with his counsel, was extremely cognizant of 25 what he has to correct, which he did. And it was 41 1 selling loose beers. He now knows that he cannot 2 sell loose beers, they're warm beers. He doesn't 3 have a liquor store or anything like that. 4 Based on that and after inspection by 5 the police department, we feel in this situation 6 it's fair that we dismiss this matter against him. 7 COMMISSIONER VALDIVIA: He just came in. 8 MAYOR STACK: I have -- I mean any 9 Commissioners have any questions? I have no issue 10 whatsoever. If every business operated like this 11 one in the City, we'd be in good shape. They do a 12 good job, there's no issues whatsoever. He's very 13 responsible as the owner, very hands on, no issue 14 whatsoever. 15 MR. GONZALEZ: He was very cooperative 16 with us. 17 MAYOR STACK: All right. 18 MR. DONSEL: I'm not doing it anymore. 19 MAYOR STACK: Motion to dismiss. 20 MR. AUTERI: Motion by Mayor Stack. 21 COMMISSIONER VALDIVIA: Second. 22 MR. AUTERI: Second by Commissioner 23 Valdivia. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes. 42 1 MR. AUTERI: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MR. AUTERI: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MR. AUTERI: 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 43 1 3. Jor Per Corp. 2 T/a Cucalambe Bar 3 4418 Bergenline Avenue 4 0910-33-110-010 5 (Anna Noris, Esq.) 6 7 MR. GONZALEZ: The next matter is 8 Cucalambe Bar at 4418 Bergenline Avenue, they are 9 also represented by Anna Noris. 10 This is an incident that occurred on 11 December 13th of last year, it was a brawl. 12 During the investigation, the owner, which is 13 present here and we have the translator that's 14 translating this simultaneously, was very 15 cooperative with the police department. And this 16 is exactly what we were teaching them when they 17 showed up at the course that was given a week and 18 a half ago. 19 This cooperation is what's necessary. 20 And based on that and the recommendation from 21 Sergeant Zeron and Lieutenant Dunlay, this would 22 be a recommendation of only a five day suspension. 23 They have chosen, if it's granted, it would be 24 from July 10th to July 15th. 25 MS. NORIS: That would be -- if the 44 1 Board is kind enough to accept that suspension 2 period, that would be the dates that we are more 3 than amenable to do that. And we have attempted 4 at every moment to cooperate with the police and 5 the city in order for them to be able to preserve 6 the license. 7 MR. GONZALEZ: Their last violation was 8 back in May of 2017. 9 MAYOR STACK: Okay. I'll make a motion 10 to approve. 11 MR. AUTERI: Motion by Mayor Stack. 12 COMMISSIONER FERNANDEZ: Second. 13 MR. AUTERI: Second by Commissioner 14 Fernandez. 15 Commissioner Fernandez. 16 COMMISSIONER FERNANDEZ: Yes. 17 MR. AUTERI: Commissioner Grullon. 18 COMMISSIONER GRULLON: Yes. 19 MR. AUTERI: Commissioner Valdivia. 20 COMMISSIONER VALDIVIA: Yes. 21 MR. AUTERI: Mayor Stack. 22 MAYOR STACK: Yes. 23 * * * * 24 25 45 1 4. R.G. Entertainment Enterprise, Inc. 2 T/a Therapy Lounge 3 2803 Bergenline Avenue 4 0910-33-134-006 5 (Anna Noris, Esq.) 6 7 MR. GONZALEZ: Thank you. The next 8 matter is R.G. Entertainment Enterprises, trading 9 as Therapy Lounge. 10 Just so I have clarification, can I have 11 your name for the record? 12 MR. GUZMAN: Guzman. 13 MR. GONZALEZ: Mr. Guzman, are you 14 represented by Adolfo Lopez? 15 MR. GUZMAN: I don't know what to say 16 because honestly he couldn't make it tonight. 17 MR. GONZALEZ: Well, his associate, his 18 partner, Ms. Noris is here. Is she representing 19 you? 20 MR. GUZMAN: Yes. Would you allow me a 21 second? 22 MR. GONZALEZ: Absolutely. 23 24 (Discussion held off the record.) 25 46 1 5. Azucar Club, Inc. 2 T/a Azucar Night Club 3 421 43rd Street 4 0910-33-003-007 5 (Anna Noris, Esq.) 6 7 MAYOR STACK: Let's move on to the next 8 one. 9 MR. GONZALEZ: This matter concerns a 10 brawl that occurred on the 10th of March of this 11 year. There's a long history, but in the 12 investigation, the owner was very cooperative with 13 the police department and police officers. But we 14 just can't let this go by. There have been many 15 violations in the past. I know this gentleman was 16 present at the last meeting, where we were 17 teaching everybody that they need to cooperate. 18 We want to cooperate with him and it's good that 19 he had everything he needed, but there was an 20 incident and brawl that should have been avoided. 21 We're recommending and I believe that he's 22 accepted through counsel, it would be a 15 day 23 suspension, that would be from July 25th to August 24 8th. 25 MAYOR STACK: Can you give me on 47 1 synopsis on these, so we can get something out? 2 You'll get me a synopsis over so we can get 3 something out? 4 MR. GONZALEZ: Absolutely. 5 MAYOR STACK: I appreciate it. Okay. 6 MS. NORIS: That is my understanding, 7 we've talked. 8 MAYOR STACK: This is what's been agreed 9 to. 10 MR. GONZALEZ: And just your name for 11 the record? 12 MR. RODRIGUEZ: Juan Miguel Rodriguez. 13 MAYOR STACK: I'll make a motion to 14 approve. 15 MR. AUTERI: Motion by Mayor Stack. 16 COMMISSIONER VALDIVIA: Second. 17 MR. AUTERI: Second by Commissioner 18 Valdivia. 19 Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Yes. 21 MR. AUTERI: Commissioner Grullon. 22 COMMISSIONER GRULLON: Yes. 23 MR. AUTERI: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MR. AUTERI: Mayor Stack. 48 1 MAYOR STACK: Yes. Thank you. Ms. 2 Noris, we'll give you 10 minutes. 3 4 (Discussion held off the record.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 1 continued: 2 4. R.G. Entertainment Enterprise, Inc. 3 T/a Therapy Lounge 4 2803 Bergenline Avenue 5 0910-33-134-006 6 (Anna Noris, Esq.) 7 8 MR. AUTERI: We're back on the record at 9 7:51. 10 MR. GONZALEZ: The last matter is 11 Therapy Lounge, located at 2803 Bergenline Avenue, 12 they are represented by Anna Noris. The owner, 13 Mr. Guzman is here. We do have an interpreter so 14 it's clear. 15 This is for an incident that occurred on 16 February 8th of this year, it was a brawl. The 17 difficult problem that we have with this matter is 18 the brawl involved two employees behind the bar 19 and one of them was not licensed either. That was 20 just found out and we were able to confirm with it 21 with the video. 22 In an effort to resolve this matter, 23 since it's sometime since he had a prior, we're 24 recommending a 20 day suspension, we don't have a 25 date of commencement. If it's accepted, through 50 1 his attorney -- he'll provide me the 20 2 consecutive days that we're proposing. Obviously, 3 it's subject to your approval. 4 Oh, one more thing. Mr. Guzman, we have 5 had a lot of complaints in the area of noise. You 6 must maintain the rear doors closed, they have to 7 be operable for safety purposes, but they can't be 8 open disturbing the neighbors. 9 MR. GUZMAN: Yes, sir. 10 MAYOR STACK: Ms. Noris, did you have 11 anything you want to add? 12 MS. NORIS: Simply that he's notified us 13 he'll let us know within the next two business 14 days for us to notify Mr. Gonzalez of the dates. 15 MAYOR STACK: Any questions? Seeing 16 none, I'll make a motion to approve. 17 MR. AUTERI: Motion made by Mayor Stack. 18 COMMISSIONER VALDIVIA: Second. 19 MR. AUTERI: Second by Commissioner 20 Valdivia. 21 Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Yes. 23 MR. AUTERI: Commissioner Grullon. 24 COMMISSIONER GRULLON: Yes. 25 MR. AUTERI: Commissioner Valdivia. 51 1 COMMISSIONER VALDIVIA: Yes. 2 MR. AUTERI: Mayor Stack. 3 MAYOR STACK: Yes. 4 MR. GONZALEZ: That concludes our 5 calendar. 6 MR. AUTERI: Thank you, Mr. Gonzalez. 7 * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 1 ADJOURNMENT: 2 3 MR. AUTERI: There are no further items 4 on the agenda, may I have a motion to adjourn? 5 MAYOR STACK: Motion. 6 COMMISSIONER VALDIVIA: Second. 7 MR. AUTERI: Motion made by Mayor Stack, 8 second by Commissioner Valdivia. All in favor? 9 (Whereupon, all Board Members indicate 10 in the affirmative.) 11 MR. AUTERI: Thank you, the time is 12 7:54. 13 14 (Whereupon the meeting was adjourned at 15 7:54 p.m.) 16 17 18 19 20 21 22 23 24 25 53 1 Brian P. Stack 2 Lucio P. Fernandez 3 Maryury A. Martinetti 4 Celin J. Valdivia 5 Wendy A. Grullon 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 54 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 Wednesday, June 7. 2023 at 7:00 PM at Housing Authority Hillside Pavilion, 3911 Kennedy Boulevard , 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, THE RECORD, and it 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 Special Presentations 1. Presentations to the Union City High School Soaring Eagles Girl Cross Country 2. Presentations to the Union City High School Soaring Eagles Track & Field APPROVAL OF MINUTES Motion to approve meeting minutes for the May 16, 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 Tuesday, June 20, 2023 at the Bella Vista Apartments 522 22nd Street, Union City, New Jersey at 7:00 p.m. AN ORDINANCE AUTHORIZING A SPECIAL EMERGECNY APPROPRIATION PURSUANT TO N.J.S.A. 40A:4-53(b) FOR THE PAYMENT OF CONTRACTUALLY REQUIRED SEVERANCE LIABILITIES IN AND FOR THE CITY OF UNION CITY, COUNTY OF HUDSON, NEW JERSEY 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 05/06/2023-05/19/2023 5. Resolution Approving the Library Payroll 05/06/2023-05/19/2023 6. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 7. Resolution Authorizing Refund of Redemption Monies to Outside Lienholders 8. Resolution Authorizing the Renewal of the Shared Services Agreement with Hudson County for the Maintenance of City Owned Traffic Signals (July 1, 2023 – June 30, 2025) 9. Resolution Approving Chapter 159 for 2023 Click it or Ticket Grant 10. Resolution Approving Chapter 159 for 2023 Farmers Market 11. Resolution Authorizing the Receipt of Bids for Tree Trimming Services 2023 12. Resolution Approving an Increase to Contract for Public Defender Services for 2022-2023 13. Resolution Authorizing Payment to Montana Construction for Emergency Roadway Repair Services at 1504-1506 Palisade Avenue 14. Resolution Authorizing the Award of a Raffle License to Holy Cross Armenian Church 15. Resolution Appointing Members of the City of Union City Board of School Estimate 16. Resolution Authorizing Contract with DLS Contracting, Inc. for the City of Union City 2023 Road Resurfacing Program 17. Resolution Authorizing Emergency Contract for Bruce Walter Recreation Center Swimming Pool Repair Services 18. Resolution Authorizing Receipt of Bids for Bruce Walter Pool Repair Services 19. Resolution Authorizing Amendment of Contract for City-Wide Reassessment Services 20. Resolution to Appoint Members to the Zoning Board of Adjustment for the City of Union City 21. Resolution to Re-Appoint Class II Member of the City of Union City Planning Board 22. Resolution to Re-Appointing Class III Member to the Union City Planning Board 23. Municipal Endorsing Resolution to Authorize Application for the Hudson County Open Space, Recreation and Historic Preservation Trust Fund ( County Trust Fund) For Acquisition of Property Location aa 4100 Palisade Avenue 24. Municipal Endorsing Resolution to Authorize Application for the Hudson County Open Space, Recreation and Historic Preservation Trust Fund (County Trust Fund) to fund the Washington Park Soccer Filed Turf Replacement 25. Resolution Authorizing the Issuance of Lead Assistance Grant Funds to the City of Union City by the New Jersey Department of Community Affairs 26. Resolution Awarding the Contract for NJDOT FY2023 13th, 37th & 38th Street Improvements Project 27. Resolution Designating 14th Street Between John F. Kennedy Boulevard and Summit Avenue as “2 Manny’s Way” 28. Resolution Designating Bergenline Avenue Between 13th Street and 14th Street as “Daniel J. Malanka Way” 29. Resolution Designating 47th Street Between Bergenline Avenue and New York Avenue as “El Salvador Way” 30. Resolution Authorizing the Award of Contract for Engineering Services with Boswell Engineering (Formal action may or may not be taken.) **Opportunities for Citizens to Address the Board of Consent Agent 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 Amending Municipal Budget for SFY 2023 Motion to Approve: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2. Resolution Adopting Annual Municipal Budget for SFY 2023 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 HEARING AND ADOPTION CONSIDERATION 1. An Ordinance to Regulate the Sale of Lithium-Ion Batteries in the City of Union City 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 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 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: _________ 3. An Ordinance Amending Chapter 334, Section 2(B)(1), “Applicability Exceptions.” 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: _________ LIQUIOR LICENSES HEARING 1.Jor Per Corp. t/a Cucalambe Bar 4418 Bergenline Avenue 0910-33-110-010 (Adolfo Lopez, Esq.) 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 (Adolfo Lopez, Esq.) 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 (Adolfo Lopez, Esq.) 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 (Adolfo Lopez, Esq.) 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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