Planning Board - Special Planning Board Meeting

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY PLANNING BOARD : TRANSCRIPT OF RECORDED SPECIAL MEETING : : PROCEEDINGS ____________ ____: City Hall 3715 Palisade Avenue Union City, New Jersey Tuesday, September 10, 2019 Commencing at 6:11 p.m. M E M B E R S P R E S E N T: YDALIA GENAO, Mayor’s Designee ALICIA MOREJON CAROLINA FERNANDEZ RUDY RIVERO FRANKLIN MEDINA JOSE GUARENO, Alternate No. 2 DIANE CAPIZZI, Chairperson M E M B E R S A B S E N T: BRIAN P. STACK, Mayor CELIN VALDIVIA, Commissioner ALEJANDRO VELAZQUEZ, Alternate No. 1 JEANNE KOEHLER, Vice Chairperson A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board WILFREDO J. ORTIZ II, ESQ. Attorney for the Board  2 A L S O P R E S E N T: Continued…. DAVID SPATZ, Consultant Community Housing & Planning Associates, Inc. ERIC J. NEMETH, ESQ., General Counsel, (NJiiF) New Jersey Intergovernmental Insurance Fund BRIAN M. CHEWCASKIE, ESQ., Special Counsel  3 I N D E X PAGE CALL TO ORDER 4 SALUTE TO FLAG 4 ROLL CALL 5 ADOPTION OF MINUTES 6 CLOSED (EXECUTIVE) SESSION To Discuss Pending Litigation: Hudson Yards West, LLC v City of Union City Planning Board 7 ADJOURNMENT 9  4 1 MS. DILLON: Okay. 2 On the record. 3 THE SECRETARY: Okay. 4 May I have your attention, please? 5 Please take notice that on Tuesday, 6 September 10, 2019, at six p.m., a Special 7 Meeting is scheduled for the City of Union City 8 Planning Board to be held in the Municipal 9 Chambers at the City Hall, 3715 Palisade Avenue, 10 Union City, New Jersey. 11 This is a meeting called in compliance with 12 Chapter 231, Public Law 1975 of the Open Public 13 Meeting Act. 14 Adequate notice of this meeting has been 15 provided as follow: 16 Notice of this meeting, setting forth the 17 time, date, location, and the agenda, to the 18 extent known, was forwarded to The Jersey 19 Journal, The Record, and The Hudson Reporter, has 20 been posted on bulletin board in City Hall, has 21 been made available to the public in the Office 22 of Municipal Clerk. 23 Before we call roll for this evening, can 24 everybody kindly rise to salute the flag? 25  5 1 (Whereupon, the Pledge of Allegiance was 2 said by all.) 3 4 THE SECRETARY: Thank you. 5 6 ROLL CALL: 7 8 THE SECRETARY: Roll call for tonight’s 9 meeting. 10 Mayor Brian P. Stack? Absent. 11 Diane Capizzi? 12 CHAIRPERSON CAPIZZI: Here. 13 THE SECRETARY: Jeanne Koehler? Absent. 14 Ydalia Genao? 15 MS. GENAO: Yes. 16 THE SECRETARY: Commissioner Celin Valdivia 17 is absent. 18 Carolina Fernandez? 19 MS. FERNANDEZ: Here. Here. 20 THE SECRETARY: Is present. 21 CHAIRPERSON CAPIZZI: Yeah. She can’t 22 talk. 23 THE SECRETARY: Rudy Rivero? 24 MR. RIVERO: Here. 25 THE SECRETARY: Franklin Medina?  6 1 MR. MEDINA: Here. 2 THE SECRETARY: Alicia Morejon? 3 MS. MOREJON: Yes. 4 THE SECRETARY: Alejandro Velazquez is 5 absent. 6 Jose Guareno? 7 MR. GUARENO: Here. 8 THE SECRETARY: Let the record indicate 9 there are seven present. 10 Those absent tonight are Mayor Brian P. 11 Stack, Jeanne Koehler, Commissioner Celin 12 Valdivia, Alejandro Velazquez. 13 So, we have a full quorum for tonight’s 14 meeting, with seven members. 15 All right. 16 We don’t have any minutes to approve 17 tonight. 18 * * * 19 20 21 22 23 24 25  7 1 Closed (Executive) Session: 2 3 To Discuss Pending Litigation: Hudson 4 Yards West, LLC v City of Union City Planning 5 Board, et al Docket #HUD-L-1109-18 and 6 HUD-L-4484-18: 7 8 THE SECRETARY: We are going to go to 9 Closed Session. 10 CHAIRPERSON CAPIZZI: I’ll make a motion. 11 THE SECRETARY: Motion to discuss the 12 pending litigation Hudson Yards West, LLC versus 13 City of Union City Planning Board. 14 Motion by Ms. Capizzi. 15 Any second the motion? 16 MS. MOREJON: Second. 17 THE SECRETARY: Second by Ms. Morejon. 18 MR. ORTIZ: It could be all in favor, it 19 doesn’t have to be a roll call. 20 THE SECRETARY: All in favor, say aye. 21 22 (Whereupon, there was a chorus of ayes.) 23 24 THE SECRETARY: The ayes have it. 25 We going -- we are in Closed Session at six  8 1 -- 2 MR. ORTIZ: Ten. 3 THE SECRETARY: -- oh four? 4 MR. ORTIZ: No, 6:10. 5 MS. DILLON: 6:12. 6 MR. SPATZ: 6:12. 7 MS. DILLON: 6:12. 8 THE SECRETARY: 6:12? 9 MR. SPATZ: Yeah. The clock’s wrong. 10 MR. ORTIZ: The clock’s wrong. 11 THE SECRETARY: Sorry. 12 Apologize, 6:12. 13 MS. DILLON: Just one moment. 14 MR. ORTIZ: Just, before we go off the 15 record, just for the record, the stenographer is 16 leaving the room. Our Board Clerk will be taking 17 minutes. 18 19 (Whereupon, the Board moved to Executive 20 Session at 6:12 p.m.) 21 22 (Whereupon, the Board returned to Open 23 Session at 6:31 p.m.) 24 * * * 25  9 1 ADJOURNMENT: 2 3 (Whereupon, a motion was made by Jose 4 Guareno, seconded by Alicia Morejon to adjourn 5 the meeting. 6 All members responded aye; and the meeting 7 was adjourned at 6:32 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  10 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 6 I, DEBRA A. KASZNIAK, assigned transcriber, 7 do hereby affirm that the foregoing is a true and 8 accurate transcript in the matter of the SPECIAL 9 MEETING of the UNION CITY PLANNING BOARD heard on 10 Tuesday, September 10, 2019, and digitally 11 recorded. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon