City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, July 11, 1994, at 7:00 P. M. Mayor Zisa called the meeting to order and asked the City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. z isa, City Manager James S. Lacava, City Attorney Richard E. Salkin and City Clerk Doris L. Dukes I Mrs. Dukes: "In accordance with the open public meetings act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice' to The Record and posting a copy on the Bulletin Board in City Hall". Beth Calderone, Certified Shorthand Reporter was present and recorded the entire proceedings of this meeting. (transcript on file in the office of the City Clerk) Mayor Zisa stated the purpose of the meeting is to conduct a hearing on an objection to the transfer of a liquor license to Western Beverage Corp. He asked the City Attorney to proceed. The City Attorney stated the following: An application of transfer for license number 0223-44-043-005 to Western Beverage Corp. was filed with the City Clerk on June 21, 1994. An objection to the transfer was submitted on June 16, 1994 prior to the filing of the application by the objector's attorney, Richard Contant and on June 28, 1994 the objector filed a formal objection to the transfer. I For the record, John Vassallo from the law firm of Kearns Vassallo & Kearns is present on behalf of the applicant (Western Beverage Corp. ) and Richard Contant and Matthew Rogers from the firm of Contant, Scherby & Atkins are present for the objector (Cromwell Liquors, Inc.) A letter was received on behalf of the objector requesting the Mayor and Council to disqualify themselves from hearing this matter this evening and we should deal with this issue first." Mr. Rogers said they felt the City Council should not hear this matter and make a decision on this transfer for the following reason: They feel there is a relationship between Hackensack and the premises for which the license is sought with regard to the land swap between the City and ZJR Partnership and ZJR & Price Club, who is the owner of the premises. The relationship is with cross easements that Hackensack and Price Club have with joining property and contractual relationships. The relationship subject entailed extensive questions and responses between City Attorney Salkin and Mr. Rogers respectively. Mr. Salkin pointed out that the City has a relationship with most I property within the City. Comments were also made l:>Y.. Mr :i Vassa])lo. . . The City Attorney asked each member of Council and the Mayor the following question: "Based on the fact that the City and Price Costco have reciprocal easement or the fact that you are aware that the Price Costco was a sponsor of the July :1th (held on July 2) celebration, would this prevent you from rendering a fair and impartial decision in this matter tonight?" Councilman Stein, Deputy Mayor Trammell, Councilman Galvis, Councilman Mattei and Mayor Zisa, each answered "No it would not" to the question.  Mr. Salkin then advised members of Council if they were in any way connected to any of the parties before them this evening to disqualify themselves individually. There was no response. The Mayor called for a motion for the Mayor and Council to recuse or deny the application to recuse themselves. Motion offered by Councilman Mattei, seconded by Stein that the application be heard - that the motion for recusal be denied. Carried unanimously. I At the request of Mr. Salkin, Mrs. Dukes gave the status of the application of transfer on file in her office, adding that the application has met all requirement except for this hearing. The hearing continued on the objection of the transfer as it relates to the number of licenses owned by Western Beverage Corp. and the relationship between Western Beverage and Price Costco. Mr. Vassallo presented testimony and answered Mr. Salkin' s questions. Kenneth H. Krawczynski, President of Western Beverage Corp., was sworn in and presented testimony. He was cross examined by Mr. Rogers, during which the Mayor and City Attorney made comments and/or asked questions of Mr. Rogers. Mr. Vassallo was given an opportunity to redirect. Mr. Rogers questioned Mr. Vassallo. How Mr. Krawczynski became aware of the Belding & Belding, Inc., license was addressed during testimony. Mr. Contant addressed the nature of the lease between Western I and Price Costco. Mayor Zisa asked for a summary. No further testimony was presented. At this point on motion duly offered, seconded and carried a recess was called. The meeting reconvened. Mr. Contant and Mr. Vassallo presented their summations. The City Attorney advised the Mayor and Council that based on the testimony given, they must consider whether the subject liquor ' license is free from any device which subjects it to the control of persons other than the licensee. Councilman Stein made a motion that the transfer of the license be granted in that the objector has not proven that Price Club has a beneficial interest in this license. The motion was seconded by Deputy Mayor Trammell. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa. The resolution will be prepared for the next meeting. I Motion offered by Stein, seconded by Mattei that the meeting be adjourned. Carried 11:30 P.