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Board of Commissioners

Regular Meeting

Union City, NJ · February 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 JOSE MARTI STEM ACADEMY 1800 Summit Avenue 7 Union City, New Jersey 8 Tuesday, February 7, 2023 9 Commencing at 7:11 p.m. 10 11 M E M B E R S P R E S E N T: 12 WENDY A. GRULLON, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER 13 CELIN J. VALDIVIA, COMMISSIONER BRIAN P. STACK, MAYOR 14 15 M E M B E R S A B S E N T: 16 LUCIO P. FERNANDEZ, COMMISSIONER 17 A L S O P R E S E N T: 18 SCARINCI HOLLENBECK 19 BY: JORGE deARMAS, ESQ. Corporation Counsel 20 RAYMOND GONZALEZ, ESQ. 21 Attorney for the Union City Alcohol Beverage Control Commission 22 HILDA ROSARIO, City Clerk 23 24 SUSAN BISCHOFF, CCR, RPR 449 Columbia Blvd., Wood-Ridge, NJ 07075 25 201-933-8220 SBischoffccr@yahoo.com 2 1 A P P E A R A N C E S: 2 ANTHONY SARSANO, ESQ. Attorney for Plaza Espana, Inc. 3 4 5 6 7 8 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 PROCLAMATION 5 6 MINUTES 8 7 ORDINANCE(S) FOR INTRODUCTION 8 8 CONSENT AGENDA 11 9 ORDINANCE(S) FOR HEARING AND ADOPTION 18/21 10 CITIZENS ADDRESS THE BOARD 23 11 LIQUOR LICENSE PUBLIC HEARINGS 26 12 INTERPRETER SWORN 28 13 Plaza Espana, Inc. 28 Crave 43, Inc. 33 14 Agave Restaurant, LLC 34 Papusa No. 2, Inc. 35 15 Salvadorian Bar & Restaurant 36 Sai Prasad, Inc. 37 16 JRV Restaurant, Inc. 38 17 ADJOURNMENT 39 18 19 20 21 22 23 24 25 4 1 MS. ROSARIO: Can we please stand for 2 the Pledge of Allegiance. 3 (Whereupon, the Pledge of Allegiance was 4 recited.) 5 MS. ROSARIO: This is a regular public 6 meeting of the Union City Board of Commissioners 7 on February 7, 2023, at Jose Marti Stem Freshman 8 Academy School at 1800 Summit Avenue. 9 This meeting has been called in 10 accordance with the Open Public Meeting Act, 11 adequate notice was forwarded to the The Jersey 12 Journal, The Record, The Hudson Reporter, has been 13 posted on the bulletin board in the City Hall and 14 has been made available to the public in the 15 office of the Municipal Clerk. 16 17 ROLL CALL: 18 19 MS. ROSARIO: Commissioner Fernandez is 20 absent. 21 MAYOR STACK: Commissioner Fernandez had 22 a family emergency. 23 MS. ROSARIO: Commissioner Grullon. 24 COMMISSIONER GRULLON: Here. 25 MS. ROSARIO: Commissioner Valdivia. 5 1 COMMISSIONER VALDIVIA: Here. 2 MS. ROSARIO: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Here. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Here. 6 7 PROCLAMATIONS: 8 9 MS. ROSARIO: There are two 10 proclamations this evening. One is honoring Pensa 11 Modern Movers Way. 12 13 (Proclamation read by Ms. Barrera.) 14 15 MAYOR STACK: It's a pleasure to present 16 this proclamation and do a street naming to Pensa 17 because truly they represent not only in Union 18 City, but most importantly Union City, what a true 19 success story a business is when people come 20 together and work hard. The true American dream, 21 the hard work that they put in, the commitment 22 that they've had to the customers that they 23 served. I've never received complaints about 24 their company and I've received complaints about 25 moving companies across the state. I've never 6 1 received a complaint about them. Their reputation 2 is right out there as the top movers in the state. 3 And it's something you take for granted, right, 4 about a moving company until you need a moving 5 company to move and to safeguard your belongings. 6 Think about that, you move out of an apartment, 7 wherever you move from and go to your new 8 location, how important it is that somebody is 9 transporting all your belongings for you, things 10 you work your entire life for. 11 Truly, they represent the best of the 12 best of business, but the best of the best of 13 people. And we're very fortunate and lucky to 14 have them in Union City. And I look forward to 15 having a nice street naming in the spring. Thank 16 you very much and thank you to the Pensa family. 17 I've known them for a long time, not for 18 100 years -- I'm not that old. But I've known him 19 for many, many years, belong before I became the 20 Mayor. In fact, the days I would meet with my 21 mother on Summit Avenue and we would pass their 22 place. I've known his family for many, many years 23 and we're just grateful. 24 MR. PENSA: Couple stick ball games on 25 Central Avenue. Thank you very much. I 7 1 appreciate it. From the entire Pensa family, we'd 2 like to thank everyone in the City of Union City, 3 past and present. You've been so good to us. My 4 father and my grandfather love this city. 5 It's funny being in the moving business, 6 I move people all over, Westwood, down the shore. 7 And as soon as they find out I'm from Union City, 8 they're like I'm from Palisade Avenue. So you can 9 leave the City, but unfortunately Union City will 10 never leave your heart. 11 MAYOR STACK: That's right. Thank you 12 very much. 13 MR. PENSA: God bless you all. My 14 parents, I'm sure, are looking down, smiling. My 15 father is saying, kid, you could -- excuse my 16 appearance in my uniform. But I have my Dad's 17 spirit with me, you could always do a moving job 18 in a uniform, but -- you can't do a moving job in 19 a suit, but you can do a speech in a uniform. 20 MAYOR STACK: Thank you, thank you. 21 MS. ROSARIO: So the second one, we're 22 recognizing August 18th as "Never Give Up Day in 23 the City of Union City". 24 25 (Whereupon, the Board discussed and took 8 1 action on the following item: 2 APPROVAL OF MINUTES OF PREVIOUS MEETING.) 3 4 MS. ROSARIO: And the second item on the 5 agenda is the approval of meeting minutes. Motion 6 to approve meeting minutes for the January 24, 7 2023, Board of Commissioners meeting. 8 MAYOR STACK: Motion. 9 COMMISSIONER MARTINETTI: Second. 10 MS. ROSARIO: Motion by Mayor Stack, 11 second by Commissioner Martinetti. 12 Commissioner Grullon. 13 COMMISSIONER GRULLON: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Commissioner Martinetti. 17 COMMISSIONER MARTINETTI: Yes. 18 MS. ROSARIO: Mayor Stack. 19 MAYOR STACK: Yes. 20 21 (Whereupon, the Board discussed and took 22 action on the following items: 23 ORDINANCE(S) FOR INTRODUCTION: 24 1. AN ORDINANCE AMENDING CHAPTER 223, SECTION 12 25 REGARDING USE OF THIN BRICK FOR AFFORDABLE HOUSING 9 1 DEVELOPMENTS.) 2 3 MS. ROSARIO: The third item on the 4 agenda is the ordinance for introduction. 5 Adoption on first reading authorizes the 6 Municipal Clerk to advertise the ordinance with a 7 notice of the introduction, together with a notice 8 of the time and place when the ordinance will be 9 considered for the final passage. The ordinance 10 will be further considered at a meeting of the 11 Board of Commissioners to be held on Tuesday, 12 February 21, 2023, at the Bruce D. Walter 13 Recreation Center, 507 West Street, in Union City, 14 New Jersey at 7:00 p.m. 15 An ordinance amending Chapter 223, 16 Section 12 regarding the use of thin brick for 17 affordable housing developments. 18 May I have a motion to introduce, Mayor? 19 MAYOR STACK: Yes. What this would 20 allow -- so we have an ordinance and this is just 21 the introduction tonight, we'll have a hearing on 22 this. But this would allow an affordable housing 23 project, a senior citizen building or affordable 24 housing to use -- we don't allow thin brick in the 25 City of Union City, we only allow full brick to go 10 1 up on homes. This would allow just on affordable 2 housing projects and just on senior citizen 3 buildings to use the thin brick. Obviously, it's 4 a cost factor when you're trying to build 5 additional affordable housing, which we're trying 6 very hard in Union City to build a senior building 7 and also another building for families. It's just 8 a major cost factor when you're doing that type of 9 housing, when it's not market rate, it's 10 affordable housing. 11 I'll make the motion to introduce. 12 MS. ROSARIO: Motion made by Mayor 13 Stack. 14 COMMISSIONER VALDIVIA: Second. 15 MS. ROSARIO: Second by Commissioner 16 Valdivia. 17 Commissioner Grullon. 18 COMMISSIONER GRULLON: Yes. 19 MS. ROSARIO: Commissioner Valdivia. 20 COMMISSIONER VALDIVIA: Yes. 21 MS. ROSARIO: Commissioner Martinetti. 22 COMMISSIONER MARTINETTI: Yes. 23 MS. ROSARIO: Mayor Stack. 24 MAYOR STACK: Yes. 25 11 1 (Whereupon, the Board discussed and took 2 action on the following items in total: 3 CONSENT AGENDA: 4 ( 1) Resolution Approving the Payment of Claims. 5 ( 2) Resolution Approving the Payment of 6 Concurring Claims. 7 ( 3) Resolution Approving the Escrow Refunds. 8 ( 4) Resolution Approving the City Payroll From 9 December 17, 2022, Through December 30, 2022. 10 ( 5) Resolution Approving the Library Payroll From 11 12/17/2022 to 12/30/2022. 12 ( 6) Resolution Authorizing the Refund of Premium 13 Monies Collected At the Tax Sale. 14 ( 7) Resolution Cancelling First Quarter Taxes. 15 ( 8) Resolution Cancelling Unclaimed Tax Credit 16 Debts. 17 ( 9) Resolution Authorizing the Adjustment of 18 Taxes For the First Quarter. 19 (10) Resolution Cancelling the Third and Fourth 20 Quarter Taxes. 21 (11) Resolution Authorizing Refunds of Redemption 22 Monies to Outside Lienholders. 23 (12) Resolution to Reappoint Hilda I. Rosario As 24 Acting Municipal Clerk. 25 (13) Resolution to Apply For and Obtain a Grant 12 1 From the New Jersey Department of Community 2 Affairs For Approximately $1,700,000 to Carry Out 3 a Project to Develop a New Youth Soccer Field At 4 4100 Palisade Avenue. 5 (14) Resolution Designating 11th Street From 6 Kennedy Boulevard to Summit Avenue As A. Pensa 7 Modern Movers Way. 8 (15) Resolution Authorizing the Receipt of the Bid 9 For Elevator Inspection Services, Third Occasion. 10 (16) Resolution Authorizing Receipt of Bids For 11 Chlorine and Pool Chemicals 2023. 12 (17) Resolution Authorizing Receipt of Bids For 13 Pools and Spray Grounds Opening Maintenance and 14 Closing 2023. 15 (18) Resolution Reappointing Alejandro Velazquez 16 to the North Hudson Sewerage Authority. 17 (19) Resolution Reappointing Libero Marotta to the 18 North Hudson Sewerage Authority. 19 (20) Resolution Authorizing Emergency Repairs For 20 Police Women's Locker Room and Police Evidence 21 Room Within the City of Union City Police 22 Department. 23 (21) Resolution Authorizing the Placement of a 24 Lien on the Property Known As 906 New York Avenue, 25 Union City, New Jersey, Block 49, Lot 19 in the 13 1 City of Union City For the Emergency Repair.) 2 3 MS. ROSARIO: There's 21 items on the 4 consent agenda. 5 One, resolution approving the payment of 6 claims. 7 Two, resolution approving the payment of 8 concurring claims. 9 Three, resolution approving the escrow 10 refunds. 11 Four, resolution approving the city 12 payroll from December 17, 2022, through December 13 30, 2022. 14 Five, resolution approving the library 15 payroll from 12/17/2022 to 12/30/2022. 16 Six, resolution authorizing the refund 17 of premium monies collected at the tax sale. 18 Seven, resolution cancelling first 19 quarter taxes. 20 Eight, resolution cancelling unclaimed 21 tax credit debts. 22 Nine, resolution authorizing the 23 adjustment of taxes for the first quarter. 24 Ten, resolution cancelling the third and 25 fourth quarter taxes. 14 1 Eleven, resolution authorizing refunds 2 of redemption monies to outside lienholders. 3 Twelve, resolution to reappoint Hilda I. 4 Rosario as Acting Municipal Clerk. 5 Thirteen, resolution to apply for and 6 obtain a grant from the New Jersey Department of 7 Community Affairs for approximately $1,700,000 to 8 carry out a project to develop a new youth soccer 9 field at 4100 Palisade Avenue. 10 Fourteen, resolution designating 11th 11 Street from Kennedy Boulevard to Summit Avenue as 12 A. Pensa Modern Movers Way. 13 Fifteen, resolution authorizing the 14 receipt of the bid for elevator inspection 15 services, third occasion. 16 Sixteen, resolution authorizing receipt 17 of bids for chlorine and pool chemicals 2023. 18 Seventeen, resolution authorizing 19 receipt of bids for pools and spray grounds 20 opening maintenance and closing 2023. 21 Eighteen, resolution reappointing 22 Alejandro Velazquez to the North Hudson Sewerage 23 authority. 24 Nineteen, resolution reappointing Libero 25 Marotta to the North Hudson Sewerage Authority. 15 1 Twenty, resolution authorizing emergency 2 repairs for police women's locker room and police 3 evidence room within the City of Union City Police 4 Department. 5 Twenty-one, resolution authorizing the 6 placement of a lien on the property known as 906 7 New York Avenue, Union City, New Jersey, Block 49, 8 Lot 19 in the City of Union City for the emergency 9 repair. 10 Mayor abstains on payments to Chasan, 11 Lamporello and Mallon. Commissioner Martinetti 12 abstains on payments to Adolfo Lopez. 13 MAYOR STACK: Anyone wishing to comment 14 on the consent agenda please, step forward, state 15 your name and address for the record. This is on 16 the consent agenda. These are the items that were 17 just read into the record by the Clerk, Hilda. 18 Anyone wishing to comment at this time on any of 19 the matters on the consent agenda? 20 Seeing none, I'll make the motion to 21 close public hearing. 22 MS. ROSARIO: Motion by Mayor Stack, 23 second by Commissioner Valdivia. 24 Commissioner Grullon. 25 COMMISSIONER GRULLON: Yes. 16 1 MS. ROSARIO: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MS. ROSARIO: Commissioner Martinetti. 4 COMMISSIONER MARTINETTI: I'm abstaining 5 on the payments for Adolfo Lopez, aye on the rest. 6 MS. ROSARIO: Mayor Stack. 7 MAYOR STACK: Yes. 8 MS. ROSARIO: May I have a motion to 9 approve all items on the consent agenda? 10 COMMISSIONER VALDIVIA: Motion. 11 COMMISSIONER MARTINETTI: Second. 12 MS. ROSARIO: Motion by Commissioner 13 Valdivia, second by Commissioner Martinetti. 14 Commissioner Grullon. 15 COMMISSIONER GRULLON: Yes. 16 MS. ROSARIO: Commissioner Valdivia. 17 COMMISSIONER VALDIVIA: Yes. 18 MS. ROSARIO: Commissioner Martinetti. 19 COMMISSIONER MARTINETTI: Yes. 20 MS. ROSARIO: Mayor Stack. 21 MAYOR STACK: Yes. 22 MS. ROSARIO: There are two ordinances 23 for -- 24 MAYOR STACK: Just before we do, I'm 25 sorry, Hilda, I should have said it before, I 17 1 missed this opportunity. 2 Number 13, the resolution on the new 3 youth soccer field on 4100 Palisade, that's 4 becoming closer to reality. We just had to secure 5 various pots of funding, for lack of a better 6 term, to develop that. It will be a small soccer 7 field and it will also be -- for young children. 8 And it will also be a passive park on 41st Street 9 between Hudson Avenue and Palisade Avenue. And 10 that will run probably about 150 feet deep on 11 Palisade Avenue. So this will bring a nice spot 12 uptown for anywhere from three year olds to seven 13 year olds or nine year old playing on a small 14 soccer field practicing for when they play on the 15 larger field. 16 So this will bring some good recreation 17 to the up own areas. This is in addition to the 18 library that we're renovating and building at 43rd 19 Street. In addition to what we've done on 20 Palisade Avenue with the renovations of Palisade 21 with the new streets and sidewalks. The lights 22 should be installed over the next month or two 23 into the summer. And then we're working on 24 redoing Hudson Avenue, from 30 to 50th Street on 25 Hudson. That will be new sidewalks, new street, 18 1 new lighting, and tree planting. This summer, we 2 should be planting probably another thousand trees 3 over the summer. That all ties in together. 4 Thank you, Hilda. 5 MS. ROSARIO: You're welcome, Mayor. 6 7 8 (Whereupon, the Board discussed and took 9 action on the following items: 10 ORDINANCE(S) FOR HEARING AND ADOPTION: 11 1. AN ORDINANCE OF THE CITY OF UNION CITY, COUNTY 12 OF HUDSON, NEW JERSEY, APPROPRIATING THE SUM OF 13 $533,000 IN FUNDING FROM THE CAPITAL IMPROVEMENT 14 FUND FOR THE ACQUISITION AND INSTALLATION OF 15 STREET LIGHTING FOR CENTRAL AVENUE.) 16 17 MS. ROSARIO: There are two ordinances 18 for hearing and adoption consideration. 19 One, an ordinance of the City of Union 20 City, County of Hudson, New Jersey appropriating 21 the sum of $533,000 in funding from the capital 22 improvement fund for the acquisition and 23 installation of street lighting for Central 24 Avenue. Mayor, would you like to take public 25 comment on this ordinance? 19 1 MAYOR STACK: Sure. So this ordinance 2 is money that we have in the capital fund, this 3 $533,000. This is for street lighting on Central 4 Avenue, which runs between 21st and 35th. This 5 lighting will also be installed in the next 6 several months on Central Avenue. 7 We found out and it's a great 8 opportunity that we have, Chief Facchini here this 9 evening and I thank him for being here, and at 10 most of the meetings. He can tell you along with 11 the police department, that the additional 12 lighting definitely helps in keeping our streets 13 safe, it gives the police officers, both the 14 uniform and detectives, additional layers out 15 there where they can drive down the block and see 16 a block to a half block down, whatever it may be, 17 where the streets are well illuminated. Not only 18 the streets, but the sidewalks, so when people 19 come home in the evening hours, they can see their 20 surroundings. So this is just adding to what 21 we've been doing, along with cameras at we've had 22 on Central Avenue for quite some time. 23 Anyone wishing to comment on this 24 ordinance at this time? This is the street 25 lighting on Central Avenue from 21st to 35th. 20 1 Anyone wishing to comment at this time, please 2 step forward, state your name and address for 3 record. 4 Seeing none, I make a motion to close 5 the hearing. 6 MS. ROSARIO: Motion made by Mayor 7 Stack. 8 COMMISSIONER VALDIVIA: Second. 9 MS. ROSARIO: Second by Commissioner 10 Valdivia. 11 Commissioner Grullon. 12 COMMISSIONER GRULLON: Yes. 13 MS. ROSARIO: Commissioner Valdivia. 14 COMMISSIONER VALDIVIA: Yes. 15 MS. ROSARIO: Commissioner Martinetti. 16 COMMISSIONER MARTINETTI: Yes. 17 MS. ROSARIO: Mayor Stack. 18 MAYOR STACK: Yes. 19 MS. ROSARIO: May I have a motion to 20 adopt? 21 COMMISSIONER VALDIVIA: Motion. 22 MS. ROSARIO: Motion by Commissioner 23 Valdivia. 24 COMMISSIONER GRULLON: Second. 25 MS. ROSARIO: Second by Commissioner 21 1 Grullon. 2 Commissioner Grullon. 3 COMMISSIONER GRULLON: Yes. 4 MS. ROSARIO: Commissioner Valdivia. 5 COMMISSIONER VALDIVIA: Yes. 6 MS. ROSARIO: Commissioner Martinetti. 7 COMMISSIONER MARTINETTI: Yes. 8 MS. ROSARIO: Mayor Stack. 9 MAYOR STACK: Yes. 10 11 (Whereupon, the Board discussed and took 12 action on the following items: 13 ORDINANCE(S) FOR HEARING AND ADOPTION: 14 2. AN ORDINANCE AUTHORIZING THE EXERCISE OF 15 EMINENT DOMAIN, IF ADVISABLE, TO ACQUIRE EASEMENT 16 RIGHTS IN BLOCK 242, LOT 1: ADDITIONAL LOTS 2, 3, 17 4 & 11, BLOCK 242, LOT 5: ADDITIONAL LOT 6, AND 18 BLOCK 242, LOT 7 AKA 4100 PALISADE AVENUE IN THE 19 CITY OF UNION CITY.) 20 21 MS. ROSARIO: The second ordinance is an 22 ordinance authorizing the exercise of eminent 23 domain, if advisable, to acquire easement rights 24 in Block 242, Lot 1, additional lots 2, 3, 4 and 25 11; Block 242, Lot 5, additional Lot 6; and Block 22 1 242, Lot 7, also known as 4100 Palisade Avenue in 2 the City of Union City. 3 MAYOR STACK: So this is the property 4 that I just spoke about, this is 4100 Palisade. 5 This is exactly where the soccer field and the 6 passive park are going. This building is empty 7 right now. I know there's been an attempt to 8 negotiate with the owner, this is just giving us 9 eminent domain power over the property. 10 Anyone issuing to comment on this 11 ordinance at this time, please step forward, state 12 your name and address for the record? Anyone 13 wishing to comment, please step forward. Again, 14 this is on 4100 Palisade Avenue. 15 Seeing none, I'll make a motion to close 16 the public hearing. 17 MS. ROSARIO: Motion by Mayor Stack. 18 COMMISSIONER VALDIVIA: Second. 19 MS. ROSARIO: Second by Commissioner 20 Valdivia. 21 Commissioner Grullon. 22 COMMISSIONER GRULLON: Yes. 23 MS. ROSARIO: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MS. ROSARIO: Commissioner Martinetti. 23 1 COMMISSIONER MARTINETTI: Yes. 2 MS. ROSARIO: Mayor Stack. 3 MAYOR STACK: Yes. 4 MS. ROSARIO: May I have a motion to 5 adopt. 6 COMMISSIONER VALDIVIA: Motion. 7 COMMISSIONER MARTINETTI: Second. 8 MS. ROSARIO: Motion by Commissioner 9 Valdivia, second by Commissioner Martinetti. 10 Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MS. ROSARIO: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MS. ROSARIO: Commissioner Martinetti. 15 COMMISSIONER MARTINETTI: Yes. 16 MS. ROSARIO: Mayor Stack. 17 MAYOR STACK: Yes. 18 19 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 20 21 MS. ROSARIO: Mayor, at this time, would 22 you like to take public comment at this portion of 23 the meeting? 24 MAYOR STACK: Yes. Would anyone like to 25 comment on any matter concerning municipal 24 1 government in the City of Union City? 2 I just thank the Commissioners for 3 sharing in the vision and moving 100 percent of 4 our Commission meetings around the community. 5 99 percent of our meetings are held in the evening 6 hours. In a lot of the cases, we notify the 7 residents where we'll be on the Commission 8 meeting, whether it's through the internet, 9 whether it's by flyers. We always try to keep our 10 municipal government as transparent as possible. 11 And letting residents know exactly where we'll be. 12 This is in addition to the mobile mayor's office, 13 the police community meetings, and now the Board 14 of Commissioners meetings. 15 Anyone wishing to comment on any matter 16 concerning municipal government in the City of 17 Union City, please step forward, state your name 18 and address for the record? 19 I'd like to thank those residents that 20 are here this evening, even if you don't comment. 21 Thank you for coming out and being part of 22 municipal government in the City of Union City. 23 Seeing none, I make a motion to close 24 public hearing. Then we can move to liquor 25 hearings. 25 1 MS. ROSARIO: Motion by Mayor Stack. 2 COMMISSIONER MARTINETTI: Second. 3 MS. ROSARIO: Second by Commissioner 4 Martinetti. 5 Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 * * * * 14 15 16 17 18 19 20 21 22 23 24 25 26 1 LIQUOR LICENSE DISCIPLINARY HEARINGS: 2 3 1. Plaza Espana, Inc. 4 2506 Bergenline Avenue 5 0910-33-136-030 6 (Anthony Sarsano, Esq.) 7 8 2. Crave 43, LLC 9 T/a Crave 43 10 120 43rd Street 11 0910-33-029-010 12 13 3. Agave Restaurant, LLC 14 T/a Agave Restaurant 15 4317 Bergenline Avenue 16 0910-33-052-007 17 (Ciro Medeiros, Esq.) 18 19 4. Pupusa No. 2, Inc. 20 T/a La Pupusa Loca 2 21 4709 Bergenline Avenue 22 0910-33-174-008 23 (Robert Williams, Esq.) 24 25 27 1 5. Salvadorian Bar & Restaurant, Inc. 2 T/a El Centro Americano Bar Y Restaurant 3 4212 New York Avenue 4 0910-33-051-006 5 (Anthony Bianciella, Esq.) 6 7 6. Sai Prasad, Inc. 8 T/a Bergenline Liquors 9 3819 Bergenline Avenue 10 0910-32-066-004 11 12 7. JRV Restaurant, Inc. 13 T/a El Papaturro 14 1018 Summit Avenue 15 0910-33-137-005 16 17 18 19 20 21 22 23 24 25 28 1 1. Plaza Espana, Inc. 2 2506 Bergenline Avenue 3 0910-33-136-030 4 (Anthony Sarsano, Esq.) 5 6 MS. ROSARIO: Mr. Gonzalez. 7 MR. GONZALEZ: Good evening. For the 8 record, Raymond Gonzalez, G-O-N-Z-A-L-E-Z. 9 If we could swear in the interpreter, 10 please. 11 12 S O L V I L L O N, an interpreter of the 13 SPANISH language, after having been duly sworn, 14 did interpret the following testimony: 15 16 MR. GONZALEZ: Good evening, Mayor, 17 Commissioners. We have several matters today at 18 the ABC. The first matter is Plaza Espana. I'd 19 like to give you a little background on this. 20 This matter was before the Board about two weeks 21 ago, the last meeting. We had a lot of violations 22 and we had an opportunity to have a meeting. 23 First of all, I think it's very 24 important that the owner recognize that the police 25 department has worked very hard and diligent on 29 1 this particular license establishment. As a 2 result of the investigation that was brought 3 forward by Lieutenant Dunlay and Sergeant Zeron, 4 it was discovered that Mr. Carmona was no longer 5 the owner of the real estate. And the license was 6 still being registered at that location, although 7 he's represented to us that it was not being used 8 by him. 9 Irrespective, there was a lot of 10 violations. We have reached an agreement where 11 there would be a one year, 365 day suspension. 12 The license will be put into pocket status 13 immediately, there will be no appeal, and that 14 will establish that the license is no longer 15 there. 16 I had the benefit of speaking to Mr. 17 Francisco Soto, who is the attorney who represents 18 the person who bought the real estate. And I have 19 explained to all parties the license, if it's no 20 longer there and there's any alcohol that's being 21 sold or any alcohol activity at all in that 22 location, what will happen is those individuals 23 will be charged with criminal 2c charges. And we 24 will pursue that matter by way of police 25 department investigation. 30 1 Right now, I've been told that it's been 2 closed. They're very well aware no alcohol can be 3 there at this location. We're giving the benefit 4 of the doubt to Mr. Carmona that he is going to 5 put the license in pocket status and doesn't have 6 anything to do with that particular location. 7 He's represented by Mr. Sarsano, we do have an 8 interpreter. So it's very clear on the record 9 that he knows everything that's being told today. 10 It's my understanding this is agreed upon by all 11 the parties. 12 MAYOR STACK: Mr. Sarsano, if you can 13 enter your appearance. 14 MR. SARSANO: Yes. For the record, my 15 name is Anthony Sarsano and I represent the 16 licensee, Plaza Espana. I've had an opportunity 17 to discuss this matter with Mr. Gonzalez and with 18 the police being present at a meeting. The 19 representations made by Mr. Gonzalez are 20 completely accurate and I've spoken in detail to 21 my client with respect to what has to occur. He's 22 in accord. And I represent the license will in 23 fact be pocketed immediately. 24 MAYOR STACK: I think the message that 25 needs to go back to the people who bought the 31 1 establishment -- I was talking about this with Mr. 2 Gonzalez earlier -- is that there really should be 3 a good message that goes back that says basically, 4 you know, get a good restaurant going, serve good 5 food to people. And then you never know what the 6 future holds for them. But they should really 7 focus on the food, build up a good clientele, 8 build up a good restaurant, with a great community 9 around that restaurant and they'll do well. Thank 10 you very much. 11 MR. GONZALEZ: Since this matter is 12 quite complicated, I will be preparing the 13 resolution setting forth all the terms and I'll 14 provide it to the clerk this week. 15 MS. ROSARIO: Okay. 16 MR. GONZALEZ: That resolves that 17 matter. 18 MAYOR STACK: Are we taking a vote on 19 this? 20 MR. GONZALEZ: I'm sorry, I would say 21 just do the vote tonight. 22 MAYOR STACK: We'll take a vote tonight. 23 Then you can prepare the resolution and we can put 24 it on the next meeting. I'll make the motion to 25 approve with the stipulations that are set forth 32 1 by Mr. Gonzalez and agreed upon by Mr. Sarsano, 2 the attorney for the establishment with the 3 license was once held going into pocket status 4 with the suspension for a year. 5 MS. ROSARIO: Motion made by Mayor 6 Stack. 7 COMMISSIONER VALDIVIA: Second. 8 MS. ROSARIO: Second by Commissioner 9 Valdivia. 10 Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MS. ROSARIO: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MS. ROSARIO: Commissioner Martinetti. 15 COMMISSIONER MARTINETTI: Yes. 16 MS. ROSARIO: Mayor Stack. 17 MAYOR STACK: Yes. Thank you very much, 18 have a good evening. 19 * * * * 20 21 22 23 24 25 33 1 2. Crave 43, LLC 2 T/a Crave 43 3 120 43rd Street 4 0910-33-029-010 5 6 MR. GONZALEZ: The next matter on our 7 list is Crave 43, LLC. The owner, Ms. Balboa, is 8 here. We did properly serve them. Fortunately 9 for her, she's here today. I didn't get a chance 10 to speak to her before. We will be having a 11 meeting that I'm setting forth with the police 12 department and she's agreed to attend that to try 13 to resolve it. So I'm just respectfully 14 requesting this matter be carried to the next 15 meeting. 16 MAYOR STACK: Absolutely. Thank you 17 very much. 18 MS. BALBOA: Thank you. 19 * * * * 20 21 22 23 24 25 34 1 3. Agave Restaurant, LLC 2 T/a Agave Restaurant 3 4317 Bergenline Avenue 4 0910-33-052-007 5 6 MR. GONZALEZ: Our next matter is Agave 7 Restaurant, LLC. They are represented by Ciro 8 Medeiros. This matter, likewise, Mr. Medeiros has 9 just appeared today. I think it's something that 10 could be resolved. We'd like to adjourn this to 11 the next meeting and we'll probably have a 12 resolution for the next court date. 13 MAYOR STACK: No problem. Yes, 14 absolutely. We'll adjourn it to the next meeting. 15 MR. MEDEIROS: Thank you very much, 16 Mayor, Board of Commissioners, Mr. Gonzalez. 17 * * * * 18 19 20 21 22 23 24 25 35 1 4. Pupusa No. 2, Inc. 2 T/a La Pupusa Loca 2 3 4709 Bergenline Avenue 4 0910-33-174-008 5 (Robert Williams, Esq.) 6 7 MR. GONZALEZ: The next matter is Papusa 8 No. 2, Inc., trading as La Papusa Loca 2. I'm 9 sorry, I did receive a call and an email from 10 their attorney, Robert Williams, asking that the 11 matter be adjourned. There's a lot of discovery 12 that has to be provided to him. He likewise wants 13 to have the opportunity to meet before the next 14 meeting, and I consent to that. I think it's 15 appropriate. 16 MAYOR STACK: All right. That will be 17 adjourned to the next meeting. 18 * * * * 19 20 21 22 23 24 25 36 1 5. Salvadorian Bar & Restaurant, Inc. 2 T/a El Centro Americano Bar Y Restaurant 3 4212 New York Avenue 4 0910-33-051-006 5 (Anthony Bianciella, Esq.) 6 7 MR. GONZALEZ: The next matter is 8 Salvadorian Bar and Restaurant, Inc. They are 9 represented by Anthony Bianciella, he contacted me 10 last week. I have provided to him the discovery, 11 he wants an opportunity to speak with us in person 12 with the police department and I think it's 13 appropriate, if we could carry that also. 14 MAYOR STACK: Absolutely. 15 * * * * 16 17 18 19 20 21 22 23 24 25 37 1 6. Sai Prasad, Inc. 2 T/a Bergenline Liquors 3 3819 Bergenline Avenue 4 0910-32-066-004 5 6 MR. GONZALEZ: The next matter is Sai 7 Prasad, Inc., trading as Bergenline Liquors. I 8 don't see anybody here. I know Lieutenant Dunlay 9 has served everybody appropriately in this matter. 10 I would move to go forward on this case, but I 11 think it would be appropriate, maybe, if we just 12 carry it one more time. I will send them one more 13 notice. 14 MAYOR STACK: How many times have they 15 not showed up? 16 MR. GONZALEZ: This is the first time. 17 MAYOR STACK: First time? 18 MR. GONZALEZ: First time, I don't 19 want -- I want -- 20 MAYOR STACK: Put them on the for the 21 next one. But if not the next one, then we'll 22 hear it. 23 MR. GONZALEZ: Sure. 24 * * * * 25 38 1 7. JRV Restaurant, Inc. 2 T/a El Papaturro 3 1018 Summit Avenue 4 0910-33-137-005 5 6 MR. GONZALEZ: And the last matter is 7 JRV Restaurant, Inc., trading as El Papaturro. 8 They are here, Juan Collados is the owner. I 9 don't know if he needs the interpreter also. 10 MR. COLLADOS: I don't need the 11 interpreter. Good evening. 12 MR. GONZALEZ: He's asked that we carry 13 this to the next meeting. He would like to meet 14 with us personally to see if we can resolve it. I 15 think it's appropriate under the circumstances. 16 MAYOR STACK: Absolutely. It's 17 adjourned to the next meeting. 18 MR. GONZALEZ: That concludes the ABC. 19 * * * * 20 21 22 23 24 25 39 1 ADJOURNMENT: 2 3 MS. ROSARIO: May I have a motion to 4 adjourn? 5 MAYOR STACK: Motion. 6 COMMISSIONER MARTINETTI: Second. 7 MS. ROSARIO: Motion by Mayor Stack, 8 second by Commissioner Martinetti. All in favor? 9 (Whereupon, all Board Members indicate 10 in the affirmative.) 11 12 (Whereupon the meeting was adjourned at 13 7:44 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 40 1 Brian P. Stack 2 Maryury A. Martinetti 3 Celin J. Valdivia 4 Wendy A. Grullon 5 Board of Commissioners 6 7 8 Attest: 9 Jorge de Armas, Esq., 10 Corporation Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 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, February 7, 2023 at 7:00 PM at Jose Marti Freshman Academy, 1800 Summit 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, THE RECORD, and THE HUDSON REPORTER, 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 PROCLAMATIONS 1. Pensa Modern Movers Way 2. Recognize “August 18 As Never Give up Day in the City of Union City” APPROVAL OF MEETING MINUTES Motion to approve meeting minutes for the January 24, 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, February 21, 2023 at the Bruce D. Walter Recreation Center, 507 West Street, Union City, New Jersey at 7:00 p.m. 1. AN ORDINANCE AMENDING CHAPTER 223, SECTION 12 REGARDING USE OF THIN BRICK FOR AFFORDABLE HOUSING DEVELOPMENTS Motion to Introduce Motion made by _____________________seconded by ___________________________. ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on 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 12/17/2022-12/30/2022 5. Resolution Approving the Library Payroll 12/17/2022-12/30/2022 6. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 7. Resolution Cancelling First Quarter Taxes 8. Resolution Cancelling Unclaimed Tax Credits/Debit’s 9. Resolution Authorizing the Adjustment of Taxes for the First Quarter 10. Resolution Cancelling 3rd & 4th Quarter Taxes 11. Resolution Authorizing Refund of Redemption Monies to Outside Lienholders 12. Resolution to Re-Appoint Hilda I. Rosario as Acting Municipal Clerk 13. Resolution to Apply for and Obtain a Grant from the New Jersey Department of Community Affairs for approximately 1,700,00 to carry out a Project to Develop a New Youth Soccer field at 4100 Palisade Avenue 14. Resolution Designating 11th Street from Kennedy Boulevard to Summit Avenue as “A Pensa Modern Movers Way” 15. Resolution Authorizing the Receipt of Bids for Elevator Inspection Services 3rd Occasion 16. Resolution Authorizing Receipt of Bids for Chlorine & Pool Chemicals – 2023 17. Resolution Authorizing Receipt of Bids for Pools & Spray Grounds Opening, Maintenance & Closing – 2023 18. Resolution Re-Appointing Alejandro Velazquez to the North Hudson Sewerage Authority 19. Resolution Re-Appointing Libero Marotta to the North Hudson Sewerage Authority 20. Resolution Authorizing Emergency Repairs for Policewomen’s Locker Room and Police Evidence Room Within the City of Union City Police Department 21. Resolution Authorizing the Placement of a Lien on the Property known as 906 New York Avenue, Union City, New Jersey 07087, Block 49, Lot 19, in the City of Union City for the Emergency Repair **Opportunity for Citizens to Address the Board on 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: _________ ORDINANCE(S) FOR HEARING AND ADOPTION CONSIDERATION 1. AN ORDINANCE OF THE CITY OF UNION CITY, COUNTY OF HUDSON, NEW JERSEYAPPROPRIATING THE SUM OF $533,000 IN FUNDING FROM THE CAPITAL IMPROVEMENT FUND FOR THE ACQUISITION AND INSTALLATION OF STREET LIGHTING FOR CENTRAL AVENUE 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 AUTHORIZING THE EXERCISE OF EMINENT DOMAIN, IF ADVISABLE TO ACQUIRE EASEMENT RIGHTS IN BLOCK 242, LOT 1: ADDITIONAL LOTS 2, 3, 4, & 11, BLOCK 242, LOT 5: ADDITIONAL LOT 6, AND BLOCK 242, LOT 7 AKA 4100 PALISADE AVENUE 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: _________ 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 DISCIPLINARY HEARINGS Disciplinary charges (SEE ATTACH) 1.Plaza Espana, Inc. 2506 Bergenline Avenue 0910-33-136-030 (attorney - Anthony Sarsano, 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.Crave 43, LLC t/a Crave 43 120 43rd Street 0910-33-029-010 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.Agave Restaurant, LLC t/a Agave Restaurant 4317 Bergenline Avenue 0910-33-052-007 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.Pupusa No. 2 Inc. t/a La Pupusa Loca 2 4709 Bergenline Avenue 0910-33-174-008 (attorney – Robert Williams, 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.Salvadorian Bar & Restaurant, Inc. t/a El Centro Americano Bar Y Restaurant 4212 New York Avenue 0910-33-051-006 (attorney – Anthony Bianciella, Esq.) 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: _________ 6.Sai Prasad, Inc. t/a Bergenline Liquors 3819 Bergenline Avenue 0910-32-066-004 Motion to Approve or Deny Item 6: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 7.JRV Restaurant, Inc. t/a El Papaturro 1018 Summit Avenue 0910-33-137-005 Motion to Approve or Deny Item 7: 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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