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Board of Commissioners

Regular Meeting

Union City, NJ · September 19, 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 WASHINGTON SCHOOL 3905 New York Avenue 7 Union City, New Jersey 8 Tuesday, September 19, 2023 9 Commencing at 7:00 p.m. 10 11 M E M B E R S P R E S E N T: 12 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: ANGELO AUTERI, ESQ. Corporation Counsel 20 RAMON GONZALEZ, ESQ. 21 Attorney for the Union City Alcohol Beverage Control Commission 22 JOSE GONZALEZ, Spanish Interpreter 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 El Conuco Restaurant, Inc. 3 4 ANNA NORIS, ESQ. Attorney for Don Luis Restaurant Corp. 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 MINUTES 5 6 CONSENT AGENDA 6 7 REGULAR AGENDA 13/14/15 8 CITIZENS ADDRESS THE BOARD 16 9 LIQUOR LICENSE PUBLIC HEARINGS 30 10 Juana Y Gloria Restaurant, LLC 31 El Conuco Restaurant, Inc. 34 11 Don Luis Restaurant Corp. 36 Dirve Corporation 38 12 ADJOURNMENT 41 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 MR. AUTERI: Please rise to salute the 2 flag. 3 (Whereupon, the Pledge of Allegiance was 4 recited.) 5 MR. AUTERI: This meeting has been 6 called in accordance with the Open Public Meetings 7 Act. Adequate notice of the meeting has been 8 provided to The Jersey Journal, The Record, and 9 posted on the bulletin board at City Hall. 10 11 ROLL CALL: 12 13 MR. AUTERI: Roll call. Commissioner 14 Fernandez is absent. 15 Commissioner Grullon. 16 COMMISSIONER GRULLON: Here. 17 MR. AUTERI: Commissioner Valdivia. 18 COMMISSIONER VALDIVIA: Here. 19 MR. AUTERI: Commissioner Martinetti. 20 COMMISSIONER MARTINETTI: Here. 21 MR. AUTERI: Mayor Stack. 22 MAYOR STACK: Yes. Commissioner 23 Fernandez called me earlier today to tell me that 24 he has a family commitment tonight. 25 5 1 (Whereupon, the Board discussed and took 2 action on the following item: 3 4 APPROVAL OF MEETING MINUTES - REGULAR MEETING - 5 SEPTEMBER 19, 2023) 6 7 MR. AUTERI: First item on the agenda is 8 the motion to approve meeting minutes for the 9 September 6, 2023, Board of Commissioners meeting. 10 COMMISSIONER VALDIVIA: Motion. 11 MR. AUTERI: Motion by Commissioner 12 Valdivia. 13 COMMISSIONER GRULLON: Second. 14 MR. AUTERI: Second by Commissioner 15 Grullon. 16 Commissioner Grullon. 17 COMMISSIONER GRULLON: Yes. 18 MR. AUTERI: Commissioner Valdivia. 19 COMMISSIONER VALDIVIA: Yes. 20 RIGHT1: Commissioner Martinetti. 21 COMMISSIONER MARTINETTI: Yes. 22 RIGHT1: Mayor Stack. 23 MAYOR STACK: Yes. 24 25 (Whereupon, the Board discussed and took 6 1 action on the following items in total: 2 CONSENT AGENDA: 3 ( 1) Resolution Approving the Payment of Claims. 4 ( 2) Resolution Approving the Payment of 5 Concurring Claims. 6 ( 3) Resolution Approving the Escrow Refunds. 7 ( 4) Resolution Approving the City Payroll August 8 12, 2023, Through August 25, 2023. 9 ( 4) Resolution Approving the Library Payroll 10 August 12, 2023, Through August 25, 2023. 11 ( 6) Resolution Authorizing the Tax Collector to 12 Hold an Accelerated Tax Sale. 13 ( 7) Resolution Authorizing the Refund of Premium 14 Monies Collected At the Tax Sale. 15 ( 8) Resolution Crediting the Tax Appeal 16 Decisions By the Hudson County Board of Taxation. 17 ( 9) Resolution Authorizing Emergency Contract 18 For Milling and Paving Services For Salt Storage 19 Shed Construction Project At 2700 Bergenline 20 Avenue. 21 (10) Resolution Authorizing Emergency Contract 22 For Salt Storage Shed Construction Project At 2700 23 Bergenline Avenue. 24 (11) Resolution Appointing Member to the Union 25 City Housing Authority. 7 1 (12) Resolution Awarding Contract For 2 Professional Environmental Services For City Hall 3 Renovation Project. 4 (13) Resolution Authorizing Increase to Contract 5 For Special Counsel Services With Chasan, 6 Lamparello, Mallon and Cappuzzo, PC Through 7 December 31, 2023. 8 (14) Resolution Authorizing Award of Contract For 9 Bergenline Avenue Streetscape Improvement Project 10 Phase 2. 11 (15) Resolution Rescinding Certain Contract 12 Awards For 2023. (IT Webmaster, Transcription, 13 Interpreter, Tax Appeal Expert, and Personnel 14 Consultant) 15 (16) Resolution Awarding Contract For the Tax 16 Appeal Expert Services For the City of Union City 17 For 2023. 18 (17) Resolution Awarding Contract For IT 19 Webmaster Services For the City of Union City For 20 2023. 21 (18) Resolution Awarding Contract For 22 Transcription Services For the City of Union City 23 For 2023. 24 (19) Resolution Awarding Contract For Interpreter 25 Services For the City of Union City For 2023. 8 1 (20) Resolution Approving Contract With Slade 2 Elevator For Elevator Maintenance Services. 3 (21) Resolution of the Board of Commissioners 4 City of Union City Approving the 2023-2024 Renewal 5 of Liquor License Number 0910-33-149-006 Issued to 6 A & C 2004 Corp. (Pocket License). 7 (22) Resolution of the Board of Commissioners of 8 the City of Union City Approving the 2023-2024 9 Renewal of Liquor License Number 0910-33-198-003 10 Issued to St. Rose of Lima Columbian Club Inc. 11 (T/a St. Rose of Lima Columbian Club). 12 (23) Resolution Approving the Governing Body 13 Certification of Compliance With the United States 14 Equal Employment Opportunity Commission's 15 "Enforcement Guidance on the Consideration of 16 Arrest and Conviction Records in Employment 17 Decisions Under Title VII of the Civil Rights Act 18 of 1964".) 19 20 MR. AUTERI: Next is the consent agenda. 21 23 items on the consent agenda. 22 Number one, resolution approving the 23 payment of claims. 24 Two, resolution approving the payment of 25 concurring claims. 9 1 Three, resolution approving the escrow 2 refunds. 3 Four, resolution approving the city 4 payroll August 12, 2023, through August 25, 2023. 5 Five, resolution approving the library 6 payroll August 12, 2023, through August 25, 2023. 7 Six, resolution authorizing the tax 8 collector to hold an accelerated tax sale. 9 Seven, resolution authorizing the refund 10 of premium monies collected at the tax sale. 11 Eight, resolution crediting the tax 12 appeal decisions by the Hudson County Board of 13 Taxation. 14 Nine, resolution authorizing emergency 15 contract for milling and paving services for salt 16 storage shed construction project at 2700 17 Bergenline Avenue. 18 Ten, resolution authorizing emergency 19 contract for salt storage shed construction 20 project at 2700 Bergenline Avenue. 21 Eleven, resolution appointing member to 22 the Union City Housing Authority. 23 Twelve, resolution awarding contract for 24 professional environmental services for City Hall 25 renovation project. 10 1 Thirteen, resolution authorizing 2 increase to contract for special counsel services 3 with Chasan, Lamparello, Mallon and Cappuzzo, PC 4 through December 31, 2023. 5 Fourteen, resolution authorizing award 6 of contract for Bergenline Avenue streetscape 7 improvement project phase 2. 8 Fifteen, resolution rescinding certain 9 contract awards for 2023. 10 Sixteen, resolution awarding contract 11 for the tax appeal expert services for the City of 12 Union City for 2023. 13 Seventeen, resolution awarding contract 14 for IT webmaster services for the City of Union 15 City for 2023. 16 Eighteen, resolution awarding contract 17 for transcription services for the City of Union 18 City for 2023. 19 Nineteen, resolution awarding contract 20 for interpreter services for the City of Union 21 City for 2023. 22 Twenty, resolution approving contract 23 with Slade Elevator for elevator maintenance 24 services. 25 Twenty-one, resolution of the Board of 11 1 Commissioners City of Union City approving the 2 2023-2024 renewal of liquor license number 3 0910-33-149-006 issued to A & C 2004 Corp. (Pocket 4 license). 5 Twenty-two, resolution of the Board of 6 Commissioners of the City of Union City approving 7 the 2023-2024 renewal of liquor license number 8 0910-33-198-003 issued to St. Rose of Lima 9 Columbian Club Inc. (t/a St. Rose of Lima 10 Columbian Club). 11 Twenty-three, resolution approving the 12 governing body certification of compliance with 13 the United States Equal Employment Opportunity 14 Commission's "enforcement guidance on the 15 consideration of arrest and conviction records in 16 employment decisions under Title VII of the Civil 17 Rights Act of 1964". 18 Mayor, at this time would you like to 19 public comment on the consent agenda? 20 MAYOR STACK: Sure. Any member of the 21 public who would like to comment on the consent, 22 that's the items that were just read into the 23 record, please state your name and address for the 24 record. Seeing none, I'll make a motion to close 25 the public comment period. 12 1 MR. AUTERI: Motion by Mayor Stack. 2 COMMISSIONER VALDIVIA: Second. 3 MR. AUTERI: Second by Commissioner 4 Valdivia. 5 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 a motion to 14 approve? Mayor Stack is recusing on Item 15 Number 13. 16 MAYOR STACK: Yes. 17 COMMISSIONER VALDIVIA: Motion. 18 COMMISSIONER MARTINETTI: Second. 19 MR. AUTERI: Motion by Commissioner 20 Valdivia, second by Commissioner Martinetti. 21 Commissioner Grullon. 22 COMMISSIONER GRULLON: Yes. 23 MR. AUTERI: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MR. AUTERI: Commissioner Martinetti. 13 1 COMMISSIONER MARTINETTI: Yes. 2 MR. AUTERI: Mayor Stack. 3 MAYOR STACK: Yes. 4 5 (Whereupon, the Board discussed and took 6 action on the following item: 7 REGULAR AGENDA: 8 1. Resolution approving the reserved 9 budget transfer FY23.) 10 11 MR. AUTERI: Next is the regular agenda. 12 First item on the regular agenda is a resolution 13 approving the reserved budget transfer for fiscal 14 year 2023. May I have a motion to approve? 15 MAYOR STACK: Motion. 16 COMMISSIONER MARTINETTI: Second. 17 MR. AUTERI: Motion by Mayor Stack, 18 second by Commissioner Martinetti. 19 Commissioner Grullon. 20 COMMISSIONER GRULLON: Yes. 21 MR. AUTERI: Commissioner Valdivia. 22 COMMISSIONER VALDIVIA: Yes. 23 MR. AUTERI: Commissioner Martinetti. 24 COMMISSIONER MARTINETTI: Yes. 25 MR. AUTERI: Mayor Stack. 14 1 MAYOR STACK: Yes. 2 3 (Whereupon, the Board discussed and took 4 action on the following item: 5 REGULAR AGENDA: 6 2. Resolution amending the municipal 7 budget TY2023.) 8 9 MR. AUTERI: Next is the resolution 10 amending the municipal budget fiscal year 2023. 11 May I have a motion to open public hearing. 12 MAYOR STACK: Motion. 13 COMMISSIONER MARTINETTI: Second. 14 MR. AUTERI: Motion by Mayor Stack. 15 Second by Commissioner Martinetti. 16 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: At this time, anyone 25 wishing to comment on the resolution amending the 15 1 municipal budget for fiscal year 2023, please step 2 forward and state your name. 3 MAYOR STACK: Seeing none. 4 MR. AUTERI: Motion to close the public 5 hearing and adopt the resolution? 6 COMMISSIONER MARTINETTI: Motion. 7 MR. AUTERI: Motion by Commissioner 8 Martinetti. 9 COMMISSIONER VALDIVIA: Second. 10 MR. AUTERI: Second by Commissioner 11 Valdivia. 12 Commissioner Grullon. 13 COMMISSIONER GRULLON: Yes. 14 MR. AUTERI: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MR. AUTERI: Commissioner Martinetti. 17 COMMISSIONER MARTINETTI: Yes. 18 MR. AUTERI: Mayor Stack. 19 MAYOR STACK: Yes. 20 21 (Whereupon, the Board discussed and took 22 action on the following item: 23 REGULAR AGENDA: 24 3. Resolution approving the adoption of 25 the TY23 Budget.) 16 1 2 MR. AUTERI: Third item on the regular 3 agenda is a resolution approving the adoption of 4 the TY23 budget. 5 MAYOR STACK: Motion. 6 MR. AUTERI: Motion to approve by Mayor 7 Stack. 8 COMMISSIONER GRULLON: Second. 9 MR. AUTERI: Second by Commissioner 10 Grullon. 11 Commissioner Grullon. 12 COMMISSIONER GRULLON: Yes. 13 MR. AUTERI: Commissioner Valdivia. 14 COMMISSIONER VALDIVIA: Yes. 15 MR. AUTERI: Commissioner Martinetti. 16 COMMISSIONER MARTINETTI: Yes. 17 MR. AUTERI: Mayor Stack. 18 MAYOR STACK: Yes. 19 20 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 21 22 MR. AUTERI: Mayor, at this time there 23 are no other items on the agenda. Would you like 24 to take public comment? 25 MAYOR STACK: Sure. Just before we do 17 1 the liquor hearings, at this time, if any member 2 of the public like to comment on any matter 3 concerning municipal government in the City of 4 Union City, please step forward, state your name 5 and address for the record. 6 Just before we do, I'd like to like to 7 thank the Commissioners for moving 100 percent of 8 our meetings throughout the community since we've 9 been in office always in the evening hours, and 10 always with notification to the public. Having 11 said that, any member? Yes, ma'am. 12 MS. ROTH: Is this -- 13 MAYOR STACK: If you could just please 14 step forward. 15 MS. ROTH: I couldn't quite hear you. 16 So is this the part where we can talk about any 17 issue of our choice? 18 MAYOR STACK: Yes. 19 MS. ROTH: Or we're talking about -- 20 MAYOR STACK: Any matter concerning 21 government, sure. 22 MS. ROTH: Okay. So my name is Mandy 23 Roth, 620 38th Street, Unit 405, Union City. So 24 my concern is about the number of cars driving 25 through the streets of Union City that when -- the 18 1 people do something to their cars on purpose so 2 that when they accelerate, the cars make this very 3 loud pop, crack, boom. It's not just Union City, 4 it's everywhere, but I live in Union City and you 5 guys, you know, make the laws for Union City, so 6 that's why I'm here. 7 I have hearing loss -- first of all, 8 those noises, if you're somebody who walks the 9 streets a lot, get around on foot a lot in Union 10 City, it is constant. This is not a 11 once-in-awhile problem, it is constant. I think 12 in five minutes, I heard like three cars doing 13 that today when I was walking on the sidewalk. 14 And it's very -- it's a public health issue 15 because those noises are actually really bad for 16 your hearing. 17 MAYOR STACK: Sure. 18 MS. ROTH: And as you get older, that 19 becomes more and more of an issue. I have hearing 20 loss now, so I actually wear ear plugs when I'm on 21 the streets because I need to protect my ears from 22 more hearing loss as a result of these loud cars. 23 So it's not just me, it's a problem for anyone 24 listening. 25 And my pipe dream is for Union City to 19 1 pass an ordinance that outlaws that kind of -- 2 whatever they're doing to their cars. And then 3 for Union City to get together with other nearby 4 cities and for everyone, collectively, all the 5 cities to pass an ordinance so that it like covers 6 the region. I know we can't -- I don't think we 7 can control the state, I don't think it's that 8 kind of law. I think this is like city by city 9 law ordinance thing. But that's my pipe dream. 10 But it has to start somewhere. 11 MAYOR STACK: Sure. There are some laws 12 on the books that we can under the noise 13 pollution. The police department do enforce it 14 when they come across it. Recently, we've had a 15 big push on the scooters riding on the sidewalks, 16 people riding scooters in the wrong direction or 17 without a helmet on. 18 MS. ROTH: Right. 19 MAYOR STACK: The chief is here tonight, 20 Chief Facchini is with us, he comes to almost all 21 our of meetings. We do stay on top of -- Ms. 22 Roth, you and I have spoken in the past about 23 different issues on Kennedy Boulevard. I will 24 definitely stay on top of this. I'll look into 25 what ordinance we have -- Angelo, if you can get 20 1 me tomorrow, what ordinances we have on the loud 2 mufflers and noise pollution and if we can do 3 anything further. 4 MS. ROTH: Thank you very much for your 5 consideration. 6 MAYOR STACK: If you get a chance 7 tonight, leave your number on my cell phone, and 8 I'll follow up with you. 9 MS. ROTH: I will do that. 10 MAYOR STACK: Call me tonight, okay? 11 MS. ROTH: Thank you and to the whole 12 council. 13 MAYOR STACK: Thank you for coming to 14 the meeting. 15 MS. ROTH: Thank you for your 16 consideration. 17 MAYOR STACK: Anyone else wishing to 18 comment? Please step forward, state your name and 19 address for the record. 20 MR. ANDRADE: First name Johan, last 21 name Andrade, 7512 Kiesel Terrace, North Bergen. 22 Yes, I live in North Bergen, but I frequent Union 23 City, Weehawken, and Hoboken a lot. I want to 24 thank you, Mayor Stack, for last year writing a 25 letter of support to the county regarding the 21 1 viaduct and installing a permanent protective bike 2 lane there. You know last summer, we saw a 3 temporary barrier that a lot of people were using 4 to walk down the viaduct, to bike down the 5 viaduct, to use the scooters down the viaduct. 6 Unfortunately, the construction of the guardrail, 7 they had to take down the barriers. Now people 8 are fighting for space on the sidewalks, which is 9 more narrow now because of the guardrail, making 10 the sidewalk more narrow. 11 So I'm here as a member of the Hudson 12 County Complete Streets and we would like Union 13 City to think about passing a resolution on 14 installing a permanent bike lane on the viaduct 15 because Hoboken just passed theirs last month. We 16 have to give you a copy of theirs that they 17 passed, so the county can get a nudge to get this 18 project under way. 19 MAYOR STACK: We definitely support the 20 bike lane. We're doing bike lanes in Union City, 21 we did them on Palisade, Central Avenue. We're 22 going out for bid, we're doing all the mains and 23 then we'll work on the side streets. We'll pass a 24 resolution absolutely. 25 MR. ANDRADE: Also if there could be 22 1 some kind of connection to the viaduct from 2 Manhattan Avenue on the northern side, so that 3 people can easily go down the hill and make the 4 left. 5 MAYOR STACK: If you can, I don't know 6 if you'll get a chance tomorrow, can you send me 7 an email, ask me for the resolution. I'll get it 8 to Mr. Auteri. We'll do it right away. And then 9 if you ask about connecting the viaduct Manhattan 10 Avenue, we'll be more than happy to do that. 11 MR. ANDRADE: Thank you, Mayor. 12 MAYOR STACK: Just get me something. My 13 email -- if you want to email it to me, you want 14 me to write it down for you, my email. If you get 15 a chance tomorrow or tonight, send it to me 16 whenever you get a chance. Just put down exactly 17 what you're looking for and then just put what 18 else the resolution is, I'll put it all together. 19 MR. ANDRADE: Thank you. 20 MAYOR STACK: This is my cell phone 21 number. I put my cell and my email. 22 MR. ANDRADE: Thank you. 23 MAYOR STACK: Thank you for coming to 24 the meeting. Thank you. 25 Anyone else wishing to comment at this 23 1 time? Please step forward, state your name and 2 address. 3 MR. GRAHAM: Matthew Graham, 1205 Morris 4 Street. 5 MAYOR STACK: How you doing? 6 MR. GRAHAM: Good, Mayor Stack, thank 7 you. 8 I'm with Johan. I want to thank you for 9 your very positive response. I want to second 10 everything he was talking about, it's wonderful 11 and thank you for your -- 12 MAYOR STACK: Absolutely. 13 MR. GRAHAM: -- quick response. 14 MAYOR STACK: Any time. If you guys 15 want to coordinate your emails and send it to me 16 together, put your emails in there. And as soon 17 as we do the resolution, we'll sent you a copy. 18 Our meeting is in two weeks? Two weeks from 19 tonight, so we'll have it at the next meeting. 20 You got it. 21 MR. GRAHAM: Thank you. 22 MAYOR STACK: Anyone else wishing to 23 comment at this time? Please step forward. Just 24 state your name and address for the record. 25 MS. MORGEN: Sure. My name is 24 1 Emmanuelle Morgen and I'm a resident of Jersey 2 City, 164 Harrison Avenue. And I'm on the board 3 of Hudson County Complete Streets with Johan and 4 with Matt and Zach who's from Weehawken. And so 5 thank you so much for supporting the viaduct bike 6 lane with the support letter and now with the 7 resolution. 8 Since you've already agreed to that, so 9 grateful, Mayor Stack, thank you also for the bike 10 lane on Palisade, which I rode to get here today. 11 We attended a meeting that was hosted by the 12 county today about JFK between 43rd and 59th? And 13 there were two options delivered for a safety 14 improvement plan for that corridor. And option 15 one had some bump outs and some additional 16 pedestrian safety improvements and option two had 17 those plus a bike lane. And we would like some 18 support for option two. The county has 19 guaranteed -- they said to us during the meeting 20 that it was going to be safer for pedestrians, 21 cyclists, and drivers; that cycle lanes are a 22 proven traffic calming and street safety strategy 23 for all road users. They also can reduce 24 congestion and incentivize mode shift for people 25 who want to shift to whatever other modes that 25 1 they might want. 2 However, the county has told us that 3 they require local support, primarily from mayors 4 and city council. 5 MAYOR STACK: Sure. 6 MS. MORGEN: For this reason, I'm not 7 sure if any of you have seen that plan, but we 8 would appreciate it if you would consider option 9 two. 10 MAYOR STACK: Sure, absolutely, no 11 problem. If you can get us more information on 12 it, we'll work together. 13 MS. MORGEN: Okay. 14 MAYOR STACK: We also have a committee 15 that we're forming Vision -- 16 MR. AUTERI: Vision Zero. 17 MAYOR STACK: If there's any members of 18 the public who live in Union City, we're forming 19 our own local committee. If they'd like to serve, 20 I just need an email saying you'd like to serve 21 and your address. As long as you're a Union City 22 resident because it's a Union City based board. 23 Not to exclude other towns, but they're 24 encouraging each town to develop their own board. 25 We haven't met yet because we're waiting for the 26 1 county to have their meeting first, but we will 2 meeting soon. So if there's anyone who would like 3 to serve on this committee, we'd like to get them 4 on. I'm going to serve on the committee also. 5 MS. MORGEN: That is excellent news, 6 thank you. 7 MAYOR STACK: You got it. Thank you for 8 your work on this. Anyone else wishing to comment 9 at this time? Please step forward. 10 MR. TARIFA: Lionel Tarifa, L-I-O-N-E-L 11 T-A-R-I-F-A, 3306 Hudson Avenue. 12 First of all, I want to thank you, 13 Mayor, thanks to everybody for our city, for 14 taking care of our city. It's getting better 15 every day. But, unfortunately, quality of life is 16 going down because there are kids, adults and 17 young people, especially on Hudson Avenue on 32, 18 33, where the park is for the dogs, there are kids 19 smoking in the morning, they're smoking marijuana. 20 I don't know if that's legal to smoke outside on 21 the streets. 22 MAYOR STACK: It's difficult for the 23 police department to enforce. With the 24 legalization of marijuana, it's very limited on 25 the enforcement that we can do. Obviously, under 27 1 18 years old should not be smoking marijuana or 2 anything like that. But it's difficult. With the 3 juveniles, we can definitely do something. Over 4 18 years old, it's definitely a challenge. 5 MR. TARIFA: They are 14, 15 years old. 6 So the other thing is you can go -- there are two 7 spaces for adults, but it's no sign that say big 8 dogs and small dogs. And the young people goes 9 into the -- they don't care, wherever they go 10 they're smoking, they go with pit bulls. And I'd 11 like to tell you if you can put a sign to say 12 small dogs and big dogs, and no smoking or 13 something. That's how -- 14 MAYOR STACK: Mr. Tarifa, I think 15 there's a sign that says medium sized dogs and 16 large dogs. 17 MR. TARIFA: I didn't see. 18 MAYOR STACK: I think so, check for me 19 tomorrow. Maybe somebody removed it. Check for 20 me when you go home tonight and call me on my cell 21 phone. 22 MR. TARIFA: Okay. 23 MAYOR STACK: What's your number, I'm 24 going have the chief follow up with you. 25 MR. TARIFA: (Number given off the 28 1 record.) 2 MAYOR STACK: Thank you so much. I'll 3 work on it right away. If you see them smoking 4 marijuana and they're juveniles, call 5 201-865-1111. Please call right away and also let 6 me know. 7 MR. TARIFA: All right. 8 MAYOR STACK: Thank you, Mr. Tarifa. 9 Thank you very much. 10 MR. TARIFA: Thank you. 11 MAYOR STACK: Anyone else wishing to 12 comment at this time, please step forward, state 13 your name and address for the record. 14 Thank you very much to everyone who 15 commented and came to the meeting this evening. 16 We appreciate your participation. We'll now close 17 the public portion and be switching over to liquor 18 license hearings. Thank you again to everyone who 19 came to the meeting. Motion. 20 MR. AUTERI: Motion by Mayor Stack. 21 COMMISSIONER MARTINETTI: Second. 22 MAYOR STACK: Second by Commissioner 23 Martinetti. 24 Commissioner Grullon. 25 COMMISSIONER GRULLON: Yes. 29 1 MR. AUTERI: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MR. AUTERI: Commissioner Martinetti. 4 COMMISSIONER MARTINETTI: 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 30 1 LIQUOR LICENSE HEARINGS: 2 1. Juana Y Gloria Restaurant, LLC 3 t/a Juana Y Gloria Restaurant 4 1801 Bergenline avenue 5 0910-33-055-005 6 7 2. El Conuco Restaurant, Inc. 8 t/a El Conuco Restaurant 9 715-717 Summit Avenue 10 0910-33-063-008 11 (Adolfo Lopez, Esq.) 12 13 3. Don Luis Restaurant Corp. 14 t/a La Churreria 15 3300 Bergenline Avenue 16 0910-33-114-006 17 (Adolfo Lopez, Esq.) 18 19 4. Dirve Corporation 20 t/a The Hub Again 21 807 7th Street 22 0910-33-049-002 23 24 25 31 1 1. Juana Y Gloria Restaurant, LLC 2 t/a Juana Y Gloria Restaurant 3 1801 Bergenline avenue 4 0910-33-055-005 5 6 MR. AUTERI: Mr. Gonzalez, the floor is 7 yours. 8 MR. GONZALEZ: Thank you. For the 9 record, Ramon Gonzalez, ABC prosecutor. 10 Today, we have four matters, two are 11 going to be resolved and two will be adjourned. 12 We'll go one at a time. We do have an interpreter 13 for the first matter. Which is Juana Y Gloria, if 14 you can come up. If he could be sworn. 15 16 J O S E G O N Z A L E Z, an interpreter of the 17 SPANISH language, after having been duly sworn, 18 did interpret the following testimony: 19 20 MR. GONZALEZ: The first matter is Juana 21 Y Gloria Restaurant. Present is the owner and 22 also here, just so the record is clear, is 23 Lieutenant Dunlay and Sergeant Zeron. We've been 24 following up on all the establishments in Union 25 City that have liquor licenses. Juana Y Gloria 32 1 were deficient on certain matters. But from the 2 last time we were here which was last week and we 3 had worked with them prior to that, they've 4 corrected all the situations that they had, which 5 were just paperwork. And she now understands 6 she's got to have it there. 7 Based on that and the recommendation of 8 the police department and the cooperation that 9 she's given us, we think it's warranted that only 10 a warning be provided at this time. And that's 11 what I would recommend. Obviously, as everything, 12 it's the decision of you, Mayor, and the 13 Commissioners. 14 MAYOR STACK: Absolutely. I'll make a 15 motion to approve. 16 MR. AUTERI: Motion by Mayor Stack to 17 approve the penalty. 18 COMMISSIONER VALDIVIA: Second. 19 MR. AUTERI: Second by Commissioner 20 Valdivia. 21 Commissioner Grullon. 22 COMMISSIONER GRULLON: Yes. 23 MR. AUTERI: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MR. AUTERI: Commissioner Martinetti. 33 1 COMMISSIONER MARTINETTI: Yes. 2 MR. AUTERI: Mayor Stack. 3 MAYOR STACK: Yes. 4 MR. GONZALEZ: Thank you. 5 MAYOR STACK: Thank you very much. 6 * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 1 2. El Conuco Restaurant, Inc. 2 t/a El Conuco Restaurant 3 715-717 Summit Avenue 4 0910-33-063-008 5 (Anna Noris, Esq.) 6 7 MR. GONZALEZ: The next matter is El 8 Conuco Restaurant, they are represented by Anna 9 Noris, who's present here today. Although we 10 probably could have resolved this matter, her 11 client was not available for today and she's going 12 to be seeking an adjournment. I would just 13 respectfully request that this matter be relisted 14 for the next commission meeting, two weeks from 15 now. 16 MS. NORIS: Yes, please. 17 MAYOR STACK: Just enter your 18 appearance? 19 MS. NORIS: Absolutely. Anna Noris from 20 Lopez and Noris, West New York, on behalf of El 21 Cunoco Restaurant. 22 MAYOR STACK: No problem. Motion to 23 adjourn. 24 MR. AUTERI: Motion by Mayor Stack. 25 COMMISSIONER GRULLON: Second. 35 1 MR. AUTERI: Second by Commissioner 2 Grullon. 3 Commissioner Grullon. 4 COMMISSIONER GRULLON: Yes. 5 MR. AUTERI: Commissioner Valdivia. 6 COMMISSIONER VALDIVIA: Yes. 7 MR. AUTERI: Commissioner Martinetti is 8 recusing. 9 Mayor Stack. 10 MAYOR STACK: Yes. 11 MR. GONZALEZ: Thank you. 12 * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 36 1 3. Don Luis Restaurant Corp. 2 t/a La Churreria 3 3300 Bergenline Avenue 4 0910-33-114-006 5 (Anna Noris, Esq.) 6 7 MR. GONZALEZ: The next matter is Don 8 Luis Restaurant. This has some history because 9 the owner had passed away and it's not in Hudson 10 County, the estate, it's in Bergen County. Had it 11 been in Hudson County, I know our surrogate is 12 very good there, and would have moved it. But in 13 Bergen County, we don't have that issue. So they 14 have been working hard at resolving, but they need 15 an adjournment for today's matter. 16 MAYOR STACK: No problem. Motion to 17 adjourn. 18 MR. AUTERI: Motion by Mayor Stack. 19 COMMISSIONER VALDIVIA: Second. 20 MR. AUTERI: Second by Commissioner 21 Valdivia. 22 Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 MR. AUTERI: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes. 37 1 MR. AUTERI: Commissioner Martinetti is 2 recusing. 3 Mayor Stack. 4 MAYOR STACK: Yes. 5 MR. GONZALEZ: Thank you. 6 MS. NORIS: Thank you very much. Have a 7 good evening. 8 MAYOR STACK: Have a good night. 9 * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 1 4. Dirve Corporation 2 t/a The Hub Again 3 807 7th Street 4 0910-33-049-002 5 6 MR. GONZALEZ: The last matter is The 7 Hub, Mr. Kennedy is present. Just so the mayor 8 and Commissioners understand what's going on here, 9 as we have been doing with all our liquor license 10 establishments, we have gone in, checked to make 11 sure the paperwork is up-to-date, cameras are 12 working, and in compliance. 13 The inspection was done at this location 14 and we found all the paperwork to be in order. 15 The recording was recording, but it was only 16 recording 45 days. We gave him the opportunity to 17 correct it. He knows it's a minimum of 60, he's 18 explained to me, and I understand, that he's not 19 very literate when it comes to the programing, but 20 he hired somebody right away and corrected the 21 situation. 22 What we subsequently did was we had the 23 police department go to confirm that in fact it's 24 correct now. Since that was the only violation, 25 we also would be recommending that, in this 39 1 occasion only, a warning be given since it was 2 operational and he was in compliance with 3 everything else. 4 MAYOR STACK: Absolutely. Sir, if you 5 could just enter your name and that you're the 6 owner of the establishment. 7 MR. KENNEDY: John Kennedy. 8 MAYOR STACK: You're the owner of the 9 establishment? 10 MR. KENNEDY: I'm the owner. 11 12 J O H N K E N N E D Y, after having been duly 13 sworn or affirmed, did testify as follows: 14 15 MAYOR STACK: Okay. I'll make a motion 16 to approve. 17 MR. AUTERI: Motion to approve the 18 warning by Mayor Stack. 19 COMMISSIONER VALDIVIA: Second. 20 MR. AUTERI: Second by Commissioner 21 Valdivia. 22 Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 MR. AUTERI: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes. 40 1 MR. AUTERI: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Yes. 3 MR. AUTERI: Mayor Stack. 4 MAYOR STACK: Yes. 5 MR. GONZALEZ: Thank you. 6 * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 1 ADJOURNMENT: 2 3 MR. AUTERI: That's the last item on the 4 agenda, may I have motion to adjourn? 5 COMMISSIONER VALDIVIA: Motion. 6 MR. AUTERI: Motion by Commissioner 7 Valdivia. 8 COMMISSIONER GRULLON: Second. 9 MR. AUTERI: Second by Commissioner 10 Grullon. All in favor? 11 (All Board Members indicate in the 12 affirmative.) 13 14 (Whereupon the meeting was adjourned at 15 7:25 p.m.) 16 17 18 19 20 21 22 23 24 25 42 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 Angelo Auteri, Esq., 10 Corporation Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 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, September 19, 2023 at 7:00 PM at the Washington Elementary School, 3905 New York Avenue, Union City, New Jersey. PLEDGE OF ALLEGIANCE OPENING STATEMENT This meeting has been called in accordance with Chapter 231, Public Law of 1975, the “Open Public Meetings Act.” Adequate notice of this Meeting has been provided as follows: Notice of this meeting setting forth the time, date, location, and the agenda, to the extent known, was forwarded to THE JERSEY JOURNAL, and THE RECORD, has been posted on the bulletin board in City Hall and has been made available to the public in the Office of the Municipal Clerk. ROLL CALL: COMMISSIONERS FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK APPROVING OF MEETING MINUTES Motion to approve meeting minutes for the September 6, 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: 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 08-12-2023 - 08/25/2023 5. Resolution Approving the Library Payroll 08-12-2023 – 08/25/2023 6. Resolution Authorizing the Tax Collector to hold an Accelerated Tax Sale 7. Resolution Authorizing the Refund of Premium Monies Collected at the Tax Sale 8. Resolution Authorizing Crediting the Tax Appeal Decisions by the Hudson County Board of Taxation 9. Resolution Authorizing Emergency Contract for Milling and Paving Services Required for Salt Storage Shed Construction Project at 2700 Bergenline Avenue 10. Resolution Authorizing Emergency Contract for Salt Storage Shed Construction Project at 2700 Bergenline Avenue 11. Resolution Appointing Member to the Union City Housing Authority 12. Resolution Awarding Contract for Professional Environmental Services for City Hall Renovation Project 13. Resolution Authorizing Increase to Contract for Special Counsel Services with Chasan Lamparello, Mallon & Cappuzzo, PC through December 31, 2023 14. Resolution Authorizing Award of Contract for Bergenline Avenue Streetscape Improvements Project, Phase 2 15. Resolution Rescinding Certain Contract Awards for 2023 (IT Webmaster, Transcription, Interpreter, Tax Appeal Expert, and Personnel Consultant) 16. Resolution Awarding Contract for the Tax Appeal Expert Services for the City of Union City for 2023 17. Resolution Awarding Contract for IT Webmaster Services for the City of Union City for 2023 18. Resolution Awarding Contract for Transcription Services for the City of Union City for 2023 19. Resolution Awarding Contract for Interpreter Services for the City of Union City for 2023 20. Resolution Approving Contract with Slade Elevator for Elevator Maintenance Services 21. Resolution of the Board of Commissioners of the City of Union City Approving the 2023-2024 Renewal of Liquor License No. 0910-33-149-006 Issued to A & C 2004 Corp (Pocket License) 22. Resolution of the Board of Commissioners of the City of Union City Approving the 2023-2024 Renewal of Liquor License No. 0910-33-198-003 Issued to St. Rose of Lima Columbian Club, Inc. (t/a St. Rose of Lima Columbian Club) 23. Resolution Approving the Governing Body Certification of Compliance with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (Formal action may or may not be taken.) **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: _________ REGULAR AGENDA 1. Resolution Approving the Reserved Budget Transfer FY23 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 Amending the Municipal Budget TY2023 Motion to Approve: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 3. Resolution Approving the Adoption of the TY23 Budget Motion to Approve: 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 LIQUOR LICENSES 1. Juana Y Gloria Restaurant, LLC t/a Juana Y Gloria Restaurant 1801 Bergenline Avenue 0910-33-055-005 Motion to Approve/Deny: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 2. El Conuco Restaurant, Inc. t/a El Conuco Restaurant 715-717 Summit Avenue 0910-33-063-008 (Adolfo Lopez, Esq.) Motion to Approve/Deny: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 3. Don Luis Restaurant Corp. t/a La Churreria 3300 Bergenline Avenue 0910-33-114-006 (Adolfo Lopez, Esq.) Motion to Approve/Deny: Motion made by seconded by . ROLL CALL: FERNANDEZ; GRULLON; VALDIVIA; MARTINETTI; MAYOR STACK Vote on the motion: AYES: NAYS: ABSENT: _________ 4. Dirve Corporation t/a The Hub Again 807 7th Street 0910-33-049-002 Motion to Approve/Deny: 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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