Board of Commissioners

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 BOARD OF COMMISSIONERS 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 6 ACADEMY FOR ADVANCEMENT & ENRICHMENT 7 2210 Kerrigan Avenue Union City, New Jersey 8 9 Tuesday, November 15, 2022 Commencing at 7:00 p.m. 10 11 M E M B E R S P R E S E N T: 12 LUCIO P. FERNANDEZ, COMMISSIONER 13 WENDY A. GRULLON, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER 14 CELIN J. VALDIVIA, COMMISSIONER BRIAN P. STACK, MAYOR 15 16 M E M B E R S A B S E N T: 17 18 A L S O P R E S E N T: 19 SCARINCI HOLLENBECK BY: PATRICK McNAMARA, ESQ. 20 Corporation Counsel 21 RAY GONZALEZ, ESQ. Attorney for the Union City 22 Alcohol Beverage Control Commission 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 ALAN MOLINA, ESQ. Attorney for Ceviche Time, LLC 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 5 5 CONSENT AGENDA 5 6 REGULAR AGENDA 9 7 ORDINANCE(S) FOR HEARING AND ADOPTION 11 8 CITIZENS ADDRESS THE BOARD 13 9 LIQUOR LICENSE PUBLIC HEARINGS 10 Ceviche Time, LLC 15 11 ADJOURNMENT 18 12 13 14 15 16 17 18 19 20 21 22 23 24 25  4 1 MR. McNAMARA: Good evening, ladies and 2 gentlemen. This is the regular public meeting of 3 the Union City Board of Commissioners being held 4 on Tuesday, November 15, 2022, at 7:00 p.m. at the 5 Academy for Advancement and Enrichment, 2210 6 Kerrigan Avenue, Union City, New Jersey. If 7 everyone would please stand for the Pledge of 8 Allegiance. 9 10 (Whereupon, the Pledge of Allegiance was 11 recited.) 12 13 MR. McNAMARA: Please be advised that 14 this meeting has been called in compliance with 15 Chapter 231, Public Law of 1975, commonly known as 16 the Open Public Meeting Act. 17 Adequate notice of this meeting has been 18 provided as follows: Notice setting forth the 19 time, date, location and agenda, to the extent 20 known, was forwarded to The Jersey Journal, The 21 Record, and The Hudson Reporter, has been posted 22 on the bulletin board in City Hall, and has been 23 made available to the public in the office of the 24 Municipal Clerk. 25  5 1 ROLL CALL: 2 3 MR. McNAMARA: Roll call. Commissioner 4 Fernandez. 5 COMMISSIONER FERNANDEZ: Here. 6 MR. McNAMARA: Commissioner Grullon. 7 COMMISSIONER GRULLON: Here. 8 MR. McNAMARA: Commissioner Valdivia. 9 COMMISSIONER VALDIVIA: Here. 10 MR. McNAMARA: Commissioner Martinetti. 11 COMMISSIONER MARTINETTI: Here. 12 MR. McNAMARA: Mayor Stack. 13 MAYOR STACK: Here. 14 15 (Whereupon, the Board discussed and took 16 action on the following items in total: 17 18 CONSENT AGENDA: 19 ( 1) Resolution Approving the Payment of Claims 20 ( 2) Resolution Approving the Payment of 21 Concurring Claims 22 ( 3) Resolution Approving the Escrow Refunds 23 ( 4) Resolution Approving the City Payroll 24 10/8/2022-10/21/2022 25 ( 5) Resolution Approving the Library Payroll  6 1 10/8/2022-10/21/2022 2 ( 6) Resolution Authorizing the Use of 3 Competitive Contracting For Community Energy Plan 4 Consultant Services 5 ( 7) Resolution Authorizing the Emergency 6 Purchase of Services Related to the Replacement of 7 Failed Heating, Ventilating, and Air Conditioning 8 Units 9 ( 8) Resolution Authorizing the Receipt of Bids 10 For Elevator Inspection Services 11 ( 9) Resolution of the Board of Commissioners of 12 the City of Union City Approving the 2022-2023 13 Renewal of Liquor License No. 0910-33-041-005 14 Issued to R.G. Miranda Corp. (T/a El Cuco).) 15 16 MR. McNAMARA: Next item is the consent 17 agenda. We have nine items for consideration this 18 evening. 19 Number one, resolution approving payment 20 of claims. 21 Number two, resolution approving the 22 payment of concurring claims. 23 Number three, resolution approving the 24 escrow refunds. 25 Item four, resolution approving the City  7 1 payroll October 8th to October 21, 2022. 2 Number five, resolution approving the 3 library payroll October 8th to October 21. 4 Resolution authorizing use of 5 competitive contracting for community energy plan 6 consultation services. 7 Seven, resolution authorizing the 8 emergency purchase of services related to the 9 replacement of failed heating, ventilating and air 10 conditioning units. 11 Eight, resolution authorizing the 12 receipt of bids for elevator inspection services. 13 And nine, resolution of the Board of 14 Commissioners of the City of Union City approving 15 the 2022-2023 renewal of liquor license number 16 0910-33-041-005, issued to R.G. Miranda Corp., 17 corporation t/a El Cuco. Formal action may be 18 taken. 19 There aren't any recusals or anything 20 that need to be noted for the record. 21 MAYOR STACK: Thank you. First, the 22 City Clerk isn't here tonight, Hilda Rosario, 23 because she's not feeling well, so I thank Mr. 24 McNamara for covering the meeting. 25 Any members of the public that would  8 1 like to comment at this time on any matter on the 2 consent agenda, please step forward, state your 3 name and address for the record. 4 Seeing none, I'll make a motion to close 5 the public hearing. 6 COMMISSIONER FERNANDEZ: Second. 7 MR. McNAMARA: Roll call. Commissioner 8 Fernandez. 9 COMMISSIONER FERNANDEZ: Yes. 10 MR. McNAMARA: Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MR. McNAMARA: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MR. McNAMARA: Commissioner Martinetti. 15 COMMISSIONER MARTINETTI: Yes. 16 MR. McNAMARA: Mayor Stack. 17 MAYOR STACK: Yes. 18 MR. McNAMARA: Mayor, will you entertain 19 a motion to approve all items? 20 MAYOR STACK: Yes, I do. 21 MR. McNAMARA: Is there a second? 22 COMMISSIONER FERNANDEZ: Second. 23 MR. McNAMARA: Roll call. Commissioner 24 Fernandez. 25 COMMISSIONER FERNANDEZ: Yes.  9 1 MR. McNAMARA: Commissioner Grullon. 2 COMMISSIONER GRULLON: Yes. 3 MR. McNAMARA: Commissioner Valdivia. 4 COMMISSIONER VALDIVIA: Yes. 5 MR. McNAMARA: Commissioner Martinetti. 6 COMMISSIONER MARTINETTI: Yes. 7 MR. McNAMARA: Mayor Stack. 8 MAYOR STACK: Yes. 9 10 (Whereupon, the Board discussed and took 11 action on the following item: 12 13 REGULAR AGENDA: 14 1. RESOLUTION FOR PAYMENT TO THE GRACE THEATRE 15 WORKSHOP, INC.) 16 17 MR. McNAMARA: Regular agenda, we have 18 two items. First item is resolution of payment of 19 the Grace Theatre Workshop. Is there a motion? 20 COMMISSIONER MARTINETTI: Motion. 21 MAYOR STACK: Second. 22 MR. McNAMARA: Thank you. Roll call. 23 Commissioner Fernandez abstains. 24 Commissioner Grullon. 25 COMMISSIONER GRULLON: Yes.  10 1 MR. McNAMARA: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MR. McNAMARA: Commissioner Martinetti. 4 COMMISSIONER MARTINETTI: Yes. 5 MR. McNAMARA: Mayor Stack. 6 MAYOR STACK: Yes. 7 8 (Whereupon, the Board discussed and took 9 action on the following item: 10 11 REGULAR AGENDA: 12 2. Resolution for the payment to the Union City 13 Board of Education.) 14 15 MR. McNAMARA: Resolution for payment to 16 the Union City Board of Education. This is a 17 motion to approve item 2 on the regular agenda. 18 MAYOR STACK: Motion. 19 COMMISSIONER GRULLON: Second. 20 MR. McNAMARA: My understanding is 21 we're, for the record, noting that the doctrine of 22 necessity applies to allow Commissioners Valdivia 23 and Grullon to vote on this item. Roll call. 24 Commissioner Grullon. 25 COMMISSIONER GRULLON: Yes.  11 1 MR. McNAMARA: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MR. McNAMARA: Mayor Stack. 4 MAYOR STACK: Yes. 5 6 (Whereupon, the Board discussed and took 7 action on the following item: 8 9 ORDINANCE(S) FOR HEARING AND ADOPTION: 10 1. ORDINANCE AMENDING CHAPTER 4 11 "ADMINISTRATION OF GOVERNMENT" ARTICLE XIII OF THE 12 CODE OF THE CITY OF UNION CITY ENTITLED "POLICE 13 DEPARTMENT" TO AMEND THE RATE OF FEES FOR OFF-DUTY 14 DETAILS.) 15 16 MR. McNAMARA: Ordinance for hearing and 17 adoption amending Chapter 4, administration of 18 government, article 13 of the code of the City of 19 Union City entitled "police department" to amend 20 the rate of fees for off-duty details. 21 At this point, is there any member of 22 the public who wishes to come forward and address 23 the governing body with regard to the contents of 24 the ordinance? 25 MAYOR STACK: Any members of the public  12 1 wishing to comment on this ordinance at this time, 2 please step forward, state your name and address 3 for the record. 4 Seeing none, I'll make a motion to close 5 the public hearing. 6 COMMISSIONER FERNANDEZ: Second. 7 MR. McNAMARA: Roll call. Commissioner 8 Fernandez. 9 COMMISSIONER FERNANDEZ: Yes. 10 MR. McNAMARA: Commissioner Grullon. 11 COMMISSIONER GRULLON: Yes. 12 MR. McNAMARA: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MR. McNAMARA: Commissioner Martinetti. 15 COMMISSIONER MARTINETTI: Yes. 16 MR. McNAMARA: Mayor Stack. 17 MAYOR STACK: Yes. 18 MR. McNAMARA: On the ordinance. 19 COMMISSIONER VALDIVIA: Motion. 20 MAYOR STACK: Second. 21 MR. McNAMARA: Commissioner Fernandez. 22 COMMISSIONER FERNANDEZ: Yes. 23 MR. McNAMARA: Commissioner Grullon. 24 COMMISSIONER GRULLON: Yes. 25 MR. McNAMARA: Commissioner Valdivia.  13 1 COMMISSIONER VALDIVIA: Yes. 2 MR. McNAMARA: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MR. McNAMARA: Mayor Stack. 5 MAYOR STACK: Yes. 6 7 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 8 9 MR. McNAMARA: At this point, 10 opportunity for citizens to address the Board. 11 MAYOR STACK: Sure. Any member of the 12 public that would like to comment at this time, 13 please step forward, state your name and address 14 for the record? 15 Seeing none. 16 COMMISSIONER FERNANDEZ: Motion to 17 close. 18 MAYOR STACK: Second. 19 MR. McNAMARA: Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Yes. 21 MR. McNAMARA: Commissioner Grullon. 22 COMMISSIONER GRULLON: Yes. 23 MR. McNAMARA: Commissioner Valdivia. 24 COMMISSIONER VALDIVIA: Yes. 25 MR. McNAMARA: Commissioner Martinetti.  14 1 COMMISSIONER MARTINETTI: Yes. 2 MR. McNAMARA: Mayor Stack. 3 MAYOR STACK: Yes. 4 * * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  15 1 LIQUOR LICENSE HEARINGS: 2 Transfer application 3 Licensee: Ceviche Time, LLC 4 T/a Ceviche Time by Marcelo 5 Address: 4538 Bergenline Avenue 6 License No: 0910-33-047-004 7 Application: Person-to-person 8 Address: 4538 Bergenline Avenue 9 (Alan Molina, Esq.) 10 11 MR. McNAMARA: Now, we have liquor 12 license hearings. Ray Gonzalez is counsel for the 13 City. The licensee is Ceviche Time, LLC, 4538 14 Bergenline Avenue, person-to-person transfer. Mr. 15 Gonzalez. 16 MR. GONZALEZ: Thank you. Good evening, 17 Mayor, Commissioners. 18 Today, we just have one matter that's 19 listed. It's an application that's been pending 20 for some time. Through the help of Sergeant 21 Zeron, we have bringing everything up-to-date. 22 This applicant has actually had this pending for 23 quite some time, I think it's during the COVID 24 period. But Mr. Molina has been representing him 25 during that time.  16 1 What the ABC has done, through the 2 assistance of Sergeant Zeron, has reviewed all the 3 applications, has brought everything up-to-date. 4 We then passed it onto Lieutenant Dunlay, who has 5 made his investigations. Based on my 6 conversations with him, the Police Department does 7 not see an objection for the transfer of 8 person-to-person, this is for 4538 Bergenline 9 Avenue. 10 Like we do in all applications, I ask if 11 the applicant has received the ordinances that 12 they have to abide by, specifically, the cameras, 13 the bottle, the times when they have to be closed, 14 and make them aware of the conditions that they 15 would be exposed if there's a violation. 16 In doing so, we've had the opportunity 17 to speak to Mr. Molina and his applicant. And we 18 believe that he is properly before the Board and 19 the Board can make a determination to transfer 20 person-to-person at this location. 21 MR. MOLINA: Good evening, Alan Molina 22 on behalf of the applicant. As Mr. Gonzalez has 23 indicated, I have provided the applicant with both 24 Spanish and English versions of the various 25 ordinances and the state ABC handbook, which he  17 1 refers to as the Bible because that's the way I 2 refer to it with my clients. They have, as I 3 said, copies of both in digital format in English 4 and Spanish. And I've gone through it with them 5 and they understand what is required of them in 6 order to maintain the license. And I'm confident 7 that they will be -- 8 MAYOR STACK: Is there prior experience, 9 Mr. Molina? 10 MR. MOLINA: The manager who is going to 11 be transitioning for him has worked there in the 12 past, so he has experience. 13 MAYOR STACK: Has your client ever owned 14 a license before? 15 MR. MOLINA: No, he has not. 16 MAYOR STACK: Just make sure, like you 17 just mentioned, he's well aware, he reads the 18 manual, goes through it. Make sure everybody is 19 proofed for their identification, make sure we run 20 a quiet establishment. 21 MR. MOLINA: Absolutely. 22 MAYOR STACK: Okay. Any other 23 Commissioners have any comments at this time? 24 I'll make a motion to approve. Good 25 luck.  18 1 COMMISSIONER FERNANDEZ: Second. 2 MR. McNAMARA: Commissioner Fernandez. 3 COMMISSIONER FERNANDEZ: Yes. 4 MR. McNAMARA: Commissioner Grullon. 5 COMMISSIONER GRULLON: Yes. 6 MR. McNAMARA: Commissioner Valdivia. 7 COMMISSIONER VALDIVIA: Yes. 8 MR. McNAMARA: Commissioner Martinetti. 9 COMMISSIONER MARTINETTI: Yes. 10 MR. McNAMARA: Mayor Stack. 11 MAYOR STACK: Yes. 12 MR. GONZALEZ: That closes the ABC 13 portion. 14 MAYOR STACK: Thank you very much, Mr. 15 Gonzalez. 16 17 ADJOURNMENT: 18 19 MR. McNAMARA: If there's no other 20 business, Mayor, it would be appropriate to enter 21 a motion to adjourn. 22 MAYOR STACK: Thank you to all the 23 Commissioners. 24 COMMISSIONER FERNANDEZ: Motion. 25 MAYOR STACK: Second.  19 1 MR. McNAMARA: All in favor? 2 3 (All Commissioners indicate in the 4 affirmative.) 5 6 (Whereupon the meeting was adjourned at 7 7:10 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  20 1 Brian P. Stack 2 Lucio P. Fernandez 3 Maryury A. Martinetti 4 Celin J. Valdivia 5 Wendy A. Grullon 6 Board of Commissioners 7 8 9 Attest: 10 Patrick McNamara, Esq., 11 Corporation Counsel 12 13 14 15 16 17 18 19 20 21 22 23 24 25  21 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