Board of Commissioners
Regular MeetingUnion City, NJ · September 19, 2023
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.
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4 ANNA NORIS, ESQ.
Attorney for Don Luis Restaurant Corp.
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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
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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
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12
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14
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18
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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
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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
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18
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20
21
22
23
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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
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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
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23
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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
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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
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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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