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 BRUCE D. WALTER RECREATION CENTER 507 West Street 7 Union City, New Jersey 8 Tuesday, February 21, 2023 9 Commencing at 7:01 p.m. 10 11 M E M B E R S P R E S E N T: 12 LUCIO P. FERNANDEZ, COMMISSIONER WENDY A. GRULLON, COMMISSIONER 13 MARYURY A. MARTINETTI, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER 14 BRIAN P. STACK, MAYOR 15 M E M B E R S A B S E N T: 16 17 A L S O P R E S E N T: 18 SCARINCI HOLLENBECK 19 BY: ANGELO AUTERI, ESQ. Corporation Counsel 20 RAYMOND GONZALEZ, ESQ. 21 Attorney for the Union City Alcohol Beverage Control Commission 22 HILDA ROSARIO, City Clerk 23 24 SUSAN BISCHOFF, CCR, RPR 25 449 Columbia Blvd., Wood-Ridge, NJ 07075 201-933-8220 SBischoffccr@yahoo.com  2 1 A P P E A R A N C E S: 2 ROBERT WILLIAMS. ESQ. Attorney for Pupusa No. 2, Inc. 3 4 ANTHONY BIANCIELLA, ESQ. Attorney for Salvadorian Bar & 5 Restaurant, Inc. 6 EIKE PANEQUE, ESQ. 7 Attorney for Arturo Tepetitla Popoca 8 MR. MULCAY, ESQ. 9 Attorney for Pedro Luna 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 APPROVAL OF MINUTES 5 6 ORDINANCE(S) FOR INTRODUCTION 6 7 CONSENT AGENDA 8 8 ORDINANCE(S) FOR HEARING AND ADOPTION 17 9 CITIZENS ADDRESS THE BOARD 20 10 LIQUOR LICENSE PUBLIC HEARINGS 22 11 Crave 43, LLC 23 Agave Restaurant, LLC 24 12 Pupusa No. 2, Inc. 25 Salvadorian Bar, Inc. 28 13 Sai Prasad, Inc. 29 JRV Restaurant, Inc. 30 14 TRANSFER APPLICATIONS 15 Arturo Tepetitla Popoca 32 Pedro Luna 35 16 ADJOURNMENT 38 17 18 19 20 21 22 23 24 25  4 1 MS. ROSARIO: Can we please stand for 2 the Pledge of Allegiance? 3 4 (Whereupon, the Pledge of Allegiance was 5 recited.) 6 7 MS. ROSARIO: This is a regular public 8 meeting of the Union City Board of Commissioners 9 being held on Tuesday, February 21, 2323, at 7 10 p.m. at Bruce D. Walter Recreation Center, 507 11 West Street, Union City, New Jersey. 12 This meeting has been called in 13 accordance with the Open Public Meetings Act. 14 Adequate notice was forwarded to The Jersey 15 Journal, The Record, The Hudson Reporter, has been 16 posted on the bulletin board in City Hall and has 17 been made available to the public in the office of 18 the municipal clerk. 19 20 ROLL CALL: 21 22 MS. ROSARIO: Roll call. Commissioner 23 Fernandez. 24 COMMISSIONER FERNANDEZ: Here. 25 MS. ROSARIO: Commissioner Grullon.  5 1 COMMISSIONER GRULLON: Here. 2 MS. ROSARIO: Commissioner Valdivia. 3 COMMISSIONER VALDIVIA: Here. 4 MS. ROSARIO: Commissioner Martinetti. 5 COMMISSIONER MARTINETTI: Here. 6 MS. ROSARIO: Mayor Stack. 7 MAYOR STACK: Here. 8 9 (Whereupon, the Board discussed and took 10 action on the following item: 11 APPROVAL OF MINUTES - REGULAR MEETING - MEETING OF 12 FEBRUARY 7, 2023.) 13 14 MS. ROSARIO: First item on the agenda 15 is approval of minutes motion to approve meeting 16 minutes for the February 7, 2023, Board of 17 Commissioners meeting. 18 MAYOR STACK: Motion. 19 COMMISSIONER MARTINETTI: Second. 20 MS. ROSARIO: Motion made by Mayor 21 Stack, second by Commissioner Martinetti. 22 Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 MS. ROSARIO: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes.  6 1 MS. ROSARIO: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Yes. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Yes. 5 MS. ROSARIO: Commissioner Fernandez 6 abstains. 7 8 (Whereupon, the Board discussed and took 9 action on the following: 10 ORDINANCE(S) FOR INTRODUCTION: 11 1. AN ORDINANCE TO BAN SMOKE SHOPS AND VAPE SHOPS 12 AS A PRINCIPAL PERMITTED USE IN ANY ZONE DISTRICT 13 IN THE CITY OF UNION CITY.) 14 15 MS. ROSARIO: There's one ordinance for 16 introduction. Adoption on first reading 17 authorizes the Municipal Clerk to advertise the 18 ordinance with a notice of the introduction 19 together with a notice of the time and place where 20 the ordinance will be considered for the final 21 passage. The ordinance will be further considered 22 at a meeting of the Board of Commissioners to be 23 held on Tuesday, March 7, 2023, at the Jefferson 24 Elementary School, 3400 Palisade Avenue, Union 25 City, at 7:00 p.m.  7 1 The first ordinance is an ordinance to 2 ban smoke shops and vape shops as a principal 3 permitted use in any zone district in the City of 4 Union City. 5 MAYOR STACK: I just think that I know 6 that this only on for introduction, this is not a 7 hearing, we'll have a hearing on it. But I think 8 this is a step in the right direction. I thank 9 the Commissioners and the police department, the 10 chief of police, for having this ordinance 11 introduced. I know we do have several smoke shops 12 in the city and they'll be able to stay. But we 13 won't get any more. With the vaping and the 14 smoking, the smoke shops, it's just another avenue 15 for our young people and our youth to become 16 involved with. 17 And the effects of vaping and 18 everything, I don't think we truly realize and 19 understand at this point. But I think this is 20 another proactive ordinance that will only benefit 21 our community. So thank you very much. I'll make 22 a motion to introduce. 23 MS. ROSARIO: Motion made by Mayor 24 Stack. 25 COMMISSIONER FERNANDEZ: Second.  8 1 MS. ROSARIO: Second by Commissioner 2 Fernandez. 3 Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MS. ROSARIO: Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 14 (Whereupon, the Board discussed and took 15 action on the following items in total: 16 CONSENT AGENDA: 17 ( 1) Resolution Approving the Payment of Claims. 18 ( 2) Resolution Approving the Payment of 19 Concurring Claims. 20 ( 3) Resolution Approving the Escrow Refunds. 21 ( 4) Resolution Approving the City Payroll From 22 December 31, 2022, Through January 13, 2023. 23 ( 5) Resolution Approving the Library Payroll 24 From December 31, 2022, Through January 13, 2023. 25 ( 6) Resolution Approving the Refund of Premium  9 1 Monies Collected At the Tax Sale. 2 ( 7) Resolution Authorizing Refunds of Redemption 3 Monies to Outside Lienholders. 4 ( 8) Resolution Authorizing Contract For the 5 Electric Vehicle Charging Stations Installation 6 Project in the 36th Street Parking Garage in the 7 City of Union City. 8 ( 9) Resolution Authorizing Colliers Engineering 9 and Design to Advertise For the Receipt of Bids 10 For the 2023 Sidewalk Repair Program. 11 (10) Resolution Authorizing Colliers Engineering 12 and Design to Advertise For the Receipt of Bids 13 For the 2023 Street Sign Replacement Program. 14 (11) Resolution Authorizing Colliers Engineering 15 and Design to Advertise For the Receipt of Bids 16 For the 2023 Bonded Roads Project. 17 (12) Resolution Authorizing Colliers Engineering 18 and Design to Advertise For the Receipt of Bids 19 For the FY2023 NJDOT Various Street Improvements 20 Projects - 13th Street, 37th Street and 38th 21 Street. 22 (13) Resolution Awarding Contract For the City of 23 Union City 2022 Various Street Improvement 24 Projects (13th Street, 42nd Street, and 47th 25 Street) Utilizing NJDOT 2022 Municipal and Grant  10 1 Funds. 2 (14) Resolution to Authorize Bidding For the City 3 of Union City to Purchase Flowers and Planting 4 Supplies. 5 (15) Resolution to Authorize Bidding For 6 Electrician Services. 7 (16) Resolution to Authorize Bidding For Plumbing 8 Services. 9 (17) Resolution to Authorize Bidding For Fire 10 Sprinklers. 11 (18) Resolution to Authorize Bidding For the 12 Provision of Extermination Services For the City 13 of Union City. 14 (19) Resolution to Appoint Members to the Zoning 15 Board of Adjustment For the City of Union City. 16 (20) Resolution of the Board of Commissioners of 17 the City of Union City Approving the 2018-2019 18 Renewal of Liquor License Number 0910-33-080-009 19 Issued to Mi Otra Casita Bar and Liquor, Inc. 20 (Inactive License). 21 (21) Resolution of the Board of Commissioners of 22 the City of Union City Approving the 2019-202 23 Renewal of Liquor License Number 0910-33-080-009 24 Issued to Mi Otra Casita Bar and Liquor, Inc. 25 (Inactive License).  11 1 (22) Resolution of the Board of Commissioners of 2 the City of Union City Approving the 2020-2021 3 Renewal of Liquor License Number 0910-33-080-009 4 Issued to Mi Otra Casita Bar and Liquor, Inc. 5 (Inactive License). 6 (23) Resolution of the Board of Commissioners of 7 the City of Union City Approving the 2021-2022 8 Renewal of Liquor License Number 0910-33-080-009 9 Issued to Mi Otra Casita Bar and Liquor, Inc. 10 (Inactive License). 11 (24) Resolution of the Board of Commissioners of 12 the City of Union City Approving the 2022-2023 13 Renewal of Liquor License Number 0910-33-080-009 14 Issued to Mi Otra Casita Bar and Liquor, Inc. 15 (Inactive License). 16 (25) Resolution of the Board of Commissioners of 17 the City of Union City Approving the 2017-2018 18 Renewal of Liquor License Number 0910-33-177-006 19 Issued to Margyru, LLC, (Pocket License). 20 (26) Resolution of the Board of Commissioners of 21 the City of Union City Approving the 2018-2019 22 Renewal of Liquor License Number 0910-33-177-006 23 Issued to Margyru, LLC, (Pocket License). 24 (27) Resolution of the Board of Commissioners of 25 the City of Union City Approving the 2019-2020  12 1 Renewal of Liquor License Number 0910-33-177-006 2 Issued to Margyru, LLC, (Pocket License). 3 (28) Resolution of the Board of Commissioners of 4 the City of Union City Approving the 2020-2021 5 Renewal of Liquor License Number 0910-33-177-006 6 Issued to Margyru, LLC, (Pocket License). 7 (29) Resolution of the Board of Commissioners of 8 the City of Union City Approving the 2021-2022 9 Renewal of Liquor License Number 0910-33-177-006 10 Issued to Margyru, LLC, (Pocket License). 11 (30) Resolution of the Board of Commissioners of 12 the City of Union City Approving the 2022-2023 13 Renewal of Liquor License Number 0910-33-177-006 14 Issued to Margyru, LLC, (Pocket License). 15 (31) Resolution of the Board of Commissioners of 16 the City of Union City Denying the 17 Person-to-Person and Place-to-Place Transfer of 18 Liquor License 0910-33-210-005.) 19 20 MS. ROSARIO: There are 31 items on the 21 consent agenda. 22 One, resolution approving the payment of 23 claims. 24 Two, resolution approving the payment of 25 concurring claims.  13 1 Three, resolution approving the escrow 2 refunds. 3 Four, resolution approving the City 4 payroll from December 31, 2022, through 5 January 13, 2023. 6 Five, resolution approving the library 7 payroll from December 31, 2022, through 8 January 13, 2023. 9 Six. Resolution approving the refund of 10 premium monies collected at the tax sale. 11 Seven, resolution authorizing refunds of 12 redemption monies to outside lienholders. 13 Eight, resolution authorizing contract 14 for the electric vehicle charging stations 15 installation project in the 36th Street parking 16 garage in the City of Union City. 17 Nine, resolution authorizing Colliers 18 Engineering and Design to advertise for the 19 receipt of bids for the 2023 sidewalk repair 20 program. 21 Ten, resolution authorizing Colliers 22 Engineering and Design to advertise for the 23 receipt of bids for the 2023 street sign 24 replacement program. 25 Eleven, resolution authorizing Colliers  14 1 Engineering and Design to advertise for the 2 receipt of bids for the 2023 bonded roads project. 3 Twelve, resolution authorizing Colliers 4 Engineering and Design to advertise for the 5 receipt of bids for the FY2023 NJDOT various 6 street improvements projects - 13th Street, 37th 7 Street and 38th Street. 8 Thirteen, resolution awarding contract 9 for the City of Union City 2022 various street 10 improvement projects (13th Street, 42nd Street, 11 and 47th Street) utilizing NJDOT 2022 municipal 12 and grant funds. 13 Fourteen, resolution to authorize 14 bidding for the City of Union City to purchase 15 flowers and planting supplies. 16 Fifteen, resolution to authorize bidding 17 for electrician services. 18 Sixteen, resolution to authorize bidding 19 for plumbing services. 20 Seventeen, resolution to authorize 21 bidding for fire sprinklers. 22 Eighteen, resolution to authorize 23 bidding for the provision of extermination 24 services for the City of Union City. 25 Nineteen, resolution to appoint members  15 1 to the Zoning Board of Adjustment for the City of 2 Union City. 3 Items 20 through 24 are resolutions 4 approving the renewal of liquor license number 5 0910-33-080-009 issued to Mi Otra Casita Bar 6 Liquor from 2018 through 2023. 7 Items number 25 through 30 are 8 resolutions renewing liquor license number 9 0910-33-177-006, issued to Margyru, LLC, from 2017 10 through 2023. 11 Number 31, resolution of the Board of 12 Commissioners of the City of Union City denying 13 the person-to-person and place-to-place transfer 14 of liquor license 0910-33-210-005. 15 Mayor abstains on payment to Chasan, 16 Lamporello and Mallon. 17 Mayor, would you like to take public 18 comment on the consent agenda? 19 MAYOR STACK: Sure. Just before we do, 20 as everyone can see, we have a lot of items on 21 here, for electric vehicle charging stations, 22 we'll start with installation in the parking 23 garages, that's a request that came from many 24 members of the public. Also, the sidewalk repair 25 program, continuing to put new sidewalks in the  16 1 community, making them safer. We have several big 2 projects going on right now, Bergenline Avenue. 3 We're working on Hudson Avenue, in addition to 4 installing the lights on Palisade. 5 The sign replacement is some signs that 6 have come down, street signs. We'll have them put 7 back up. We have an ongoing contract with the 8 company. Different road projects in various 9 streets that are being done right now throughout 10 the community and also some of the larger projects 11 that I mentioned. 12 Having said that, anyone wishing to 13 comment on the consent agenda, please step 14 forward, state your name and address for record. 15 Seeing none, I'll make a motion to close 16 public hearing. 17 COMMISSIONER FERNANDEZ: Second. 18 MS. ROSARIO: Motion made by Mayor 19 Stack, second by Commissioner Fernandez. 20 Commissioner Fernandez. 21 COMMISSIONER FERNANDEZ: Yes. 22 MS. ROSARIO: Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 MS. ROSARIO: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes.  17 1 MS. ROSARIO: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Yes. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Yes. 5 MS. ROSARIO: May I have a motion to 6 approve all items on the consent agenda? 7 COMMISSIONER VALDIVIA: Motion. 8 COMMISSIONER MARTINETTI: Second. 9 MS. ROSARIO: Motion by Commissioner 10 Valdivia, second by Commissioner Martinetti. 11 Commissioner Fernandez. 12 COMMISSIONER FERNANDEZ: Yes. 13 MS. ROSARIO: Commissioner Grullon. 14 COMMISSIONER GRULLON: Yes. 15 MS. ROSARIO: Commissioner Valdivia. 16 COMMISSIONER VALDIVIA: Yes. 17 MS. ROSARIO: Commissioner Martinetti. 18 COMMISSIONER MARTINETTI: Yes. 19 MS. ROSARIO: Mayor Stack. 20 MAYOR STACK: Yes. 21 22 (Whereupon, the Board discussed and took 23 action on the following item: 24 ORDINANCE(S) FOR HEARING AND ADOPTION 25 CONSIDERATION:  18 1 1. AN ORDINANCE AMENDING CHAPTER 233, SECTION 12 2 REGARDING THE USE OF THIN BRICK FOR AFFORDABLE 3 HOUSING DEVELOPMENTS.) 4 5 MS. ROSARIO: There's one ordinance for 6 hearing and adoption consideration. It's an 7 ordinance amending Chapter 223, Section 12, 8 regarding use of thin brick for affordable housing 9 development. 10 MAYOR STACK: So anyone wishing to 11 comment, please step forward. Before you do, I'd 12 just like to say this is only for affordable 13 housing developments that we would allow the thin 14 brick as opposed to allowing regular sized brick. 15 The reason we're doing this is for the cost of 16 building affordable housing. 17 Anyone wishing to comment on this matter 18 on the agenda, please step forward, state your 19 name and address for the record. 20 Seeing none, I'll make a motion to close 21 the public hearing. 22 MS. ROSARIO: Motion made by Mayor 23 Stack. 24 COMMISSIONER FERNANDEZ: Second. 25 MS. ROSARIO: Second by Commissioner  19 1 Fernandez. 2 Commissioner Fernandez. 3 COMMISSIONER FERNANDEZ: Yes. 4 MS. ROSARIO: Commissioner Grullon. 5 COMMISSIONER GRULLON: Yes. 6 MS. ROSARIO: Commissioner Valdivia. 7 COMMISSIONER VALDIVIA: Yes. 8 MS. ROSARIO: Commissioner Martinetti. 9 COMMISSIONER MARTINETTI: Yes. 10 MS. ROSARIO: Mayor Stack. 11 MAYOR STACK: Yes. 12 MS. ROSARIO: May I have a motion to 13 adopt? 14 COMMISSIONER VALDIVIA: Motion. 15 MS. ROSARIO: Motion by Commissioner 16 Valdivia. 17 COMMISSIONER GRULLON: Second. 18 MS. ROSARIO: Second by Commissioner 19 Grullon. 20 Commissioner Fernandez. 21 COMMISSIONER FERNANDEZ: Yes. 22 MS. ROSARIO: Commissioner Grullon. 23 COMMISSIONER GRULLON: Yes. 24 MS. ROSARIO: Commissioner Valdivia. 25 COMMISSIONER VALDIVIA: Yes.  20 1 MS. ROSARIO: Commissioner Martinetti. 2 COMMISSIONER MARTINETTI: Yes. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Yes. 5 6 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 7 8 MS. ROSARIO: Mayor, would you like to 9 take public comment on any portion of this 10 meeting? 11 MAYOR STACK: Sure. Anyone wishing to 12 comment at this time concerning any matter 13 concerning municipal government in the City of 14 Union City, please step forward, state your name 15 and address for the record? 16 Seeing none, I'll make a motion to close 17 the public hearing. 18 MS. ROSARIO: Motion made by Mayor 19 Stack. 20 COMMISSIONER MARTINETTI: Second. 21 MS. ROSARIO: Second by Commissioner 22 Martinetti. 23 MAYOR STACK: I would just like to thank 24 the Commissioners once again for moving the 25 meetings around the community. Every two weeks,  21 1 we're in a different location. Thank you very 2 much once again. 3 MS. ROSARIO: Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MS. ROSARIO: Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 * * * * 14 15 16 17 18 19 20 21 22 23 24 25  22 1 LIQUOR LICENSE DISCIPLINARY HEARINGS: 2 1. Crave 43, LLC T/a Crave 43 3 120 43rd Street 0910-33-029-010 4 2. Agave Restaurant, LLC 5 T/a Agave Restaurant 4317 Bergenline Avenue 6 0910-33-052-007 7 3. Pupusa No. 2, Inc. T/a La Pupusa Loca 2 8 4709 Bergenline Avenue 0910-33-174-008 9 (Robert Williams, Esq.) 10 4. Salvadorian Bar & Restaurant, Inc. T/a El Centro Americano Bar Y Restaurant 11 4212 New York Avenue 0910-33-051-006 12 (Anthony Bianciella, Esq.) 13 5. Sai Prasad, Inc. T/a Bergenline Liquors 14 3819 Bergenline Avenue 0910-32-066-004 15 6. JRV Restaurant, Inc. 16 T/a El Papaturro 1018 Summit Avenue 17 0910-33-137-005 18 TRANSFER APPLICATIONS: 19 1. License No. 0910-33-210-005 20 Buyer: Arturo Tepetitla Popoca Seller: Caribe Club Restaurant, Inc. 21 Person-to-person transfer (to be held in pocket) Eike Paneque, Esq. 22 2. License No. 0910-33-176-009 23 Buyer: Pedro Luna Seller: Dos Hijas, LLC 24 Person-to-person transfer (to bel held in pocket) Mr. Mulcay, Esq. 25  23 1 1. Crave 43, LLC 2 T/a Crave 43 3 120 43rd Street 4 0910-33-029-010 5 6 MS. ROSARIO: The next item is the 7 liquor license disciplinary hearings. Mr. 8 Gonzalez. 9 MR. GONZALEZ: Thank you. For the 10 record, Raymond Gonzalez on behalf of the Union 11 City ABC. 12 Thank you, Mayor, Commissioners, we have 13 several matters on the agenda for today. The 14 first one is Crave 43, LLC. We had a resolution 15 to that charge, but we had a snafu, we had some 16 new charges that have to be addressed, so I'm 17 requesting that be adjourned. 18 * * * * 19 20 21 22 23 24 25  24 1 2. Agave Restaurant, LLC 2 T/a Agave Restaurant 3 4317 Bergenline Avenue 4 0910-33-052-007 5 6 MR. GONZALEZ: The next matter is number 7 two, Agave Restaurant. They have retained Ciro 8 Medeiros. In reviewing this with Lieutenant 9 Dunlay who's here, we may have a resolution, so 10 I'd like to carry that to the next meeting. 11 MAYOR STACK: Absolutely. 12 * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  25 1 3. Pupusa No. 2, Inc. 2 T/a La Pupusa Loca 2 3 4709 Bergenline Avenue 4 0910-33-174-008 5 (Robert Williams, Esq.) 6 7 MR. GONZALEZ: The next matter is number 8 three, Papusa No. 2, Inc., trading as La Papusa 9 Loca 2, they are represented by Robert Williams. 10 We had an informal meeting at the police 11 department with Lieutenant Dunlay where Mr. 12 Williams was available via phone. And we've 13 reached a resolution. I believe they need an 14 interpreter. We have Sol Villon, if you would 15 swear her. 16 17 S O L V I L L O N, an AOC approved interpreter 18 of the SPANISH language, after having been duly 19 sworn, did interpret the following testimony: 20 21 MR. GONZALEZ: After having the 22 opportunity to speak to Mr. Williams, we've 23 reached a resolution that is satisfactory to the 24 police department, to myself, and I believe to Mr. 25 Williams' client. There will be a 20 day  26 1 suspension, continuous, no appeal. It is from 2 March 7th to March 27th on Count 1 and Count 4, 3 which is serving an intoxicated person, Count 5. 4 MAYOR STACK: Mr. Williams, could you 5 enter your appearance? 6 MR. WILLIAMS: Yes, I will, thank you. 7 Robert C. Williams appearing on behalf of the 8 licensee. My office IS at 622 Eagle Rock Avenue 9 in west Orange. I'm appearing on behalf of Papusa 10 No. 2, Inc. 11 Counsel has represented correctly my 12 understanding and my client's understanding that 13 they're entering a guilty plea to Counts 1 and 14 Count 5 of the charges. The license will be 15 suspended for 20 days consecutively, commencing 16 March 7th. 17 Gentlemen, do you understand that? 18 MR. ARIA: Yes. 19 MR. MARTINEZ-GALVES: Yes. 20 MR. WILLIAMS: Are you entering that 21 resolution and resolving the matter voluntarily? 22 MR. ARIA: Yes. 23 MR. MARTINEZ-GALVES: Yes. 24 MR. WILLIAMS: Are you satisfied with my 25 services?  27 1 MR. ARIA: Yes. 2 MR. MARTINEZ-GALVES: Yes. 3 MR. WILLIAMS: Thank you. 4 MAYOR STACK: I make a motion to 5 approve. 6 MS. ROSARIO: Motion by Mayor Stack. 7 COMMISSIONER MARTINETTI: Second. 8 MS. ROSARIO: Second by Commissioner 9 Martinetti. 10 Commissioner Fernandez. 11 COMMISSIONER FERNANDEZ: Yes. 12 MS. ROSARIO: Commissioner Grullon. 13 COMMISSIONER GRULLON: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Commissioner Martinetti. 17 COMMISSIONER MARTINETTI: Yes. 18 MS. ROSARIO: Mayor Stack. 19 MAYOR STACK: Yes. 20 MR. WILLIAMS: I'd like to thank, 21 Counsel, I know that he's taking over for Greg 22 Farmer, who's here many years. He did a great 23 job, he was available to discuss this and saved 24 everybody a lot of time. 25 * * * *  28 1 4. Salvadorian Bar & Restaurant, Inc. 2 T/a El Centro Americano Bar Y Restaurant 3 4212 New York Avenue 4 0910-33-051-006 5 (Anthony Bianciella, Esq.) 6 7 MR. GONZALEZ: The next matter is number 8 4, Salvadorian Bar and Restaurant. They are 9 represented by Anthony Bianciella. I received a 10 phone call from Mr. Bianciella yesterday and he 11 had surgery. I spoke to him this morning and he's 12 got a little bit of a complication -- it was oral 13 surgery, but he was having some complications. So 14 he asked if the matter could be adjourned. And I 15 said that I would consent to it. 16 MAYOR STACK: Absolutely, no problem. 17 * * * * 18 19 20 21 22 23 24 25  29 1 5. Sai Prasad, Inc. 2 T/a Bergenline Liquors 3 3819 Bergenline Avenue 4 0910-32-066-004 5 6 MR. GONZALEZ: The next matter is number 7 five, Sai Prasad, Inc., trading as Bergenline 8 Liquors. Mr. Sarsano is here. He asked that the 9 matter be adjourned since there was new incident 10 that came up early this year that affected what we 11 negotiated prior to that. So we're going to have 12 another meeting with him before the next 13 Commissioners' meeting in an effort to resolve it. 14 So I request that that be adjourned. 15 MAYOR STACK: There's a lot of issues at 16 that establishment. 17 MR. GONZALEZ: I realize that. It's 18 with the help of the Lieutenant here that's 19 brought me up to speed on all the priors and why 20 there's certain conditions on it. So that's 21 definitely something that we have to address with 22 Mr. Sarsano. If not, we'll have a trial and we'll 23 proceed the way we have to to avoid any further 24 problems there. 25 MAYOR STACK: Okay.  30 1 6. JRV Restaurant, Inc. 2 T/a El Papaturro 3 1018 Summit Avenue 4 0910-33-137-005 5 6 MR. GONZALEZ: The next matter is JRV 7 Restaurant, Inc., trading as El Papaturro, they're 8 here. 9 MR. CLAROS: Good evening. 10 MR. GONZALEZ: Just give your name for 11 the record. 12 MR. CLAROS: Juan Claros. 13 MR. GONZALEZ: Mr. Claros, you want us 14 to adjourn this matter, so you can come speak with 15 me; is that right? 16 MR. CLAROS: Yes. 17 MR. GONZALEZ: And when I say speak with 18 me, it's at the meeting that you didn't attend the 19 last one, and you say you're going to come to the 20 next meeting that we're going to have? 21 MR. CLAROS: Definitely. 22 MR. GONZALEZ: You further understand if 23 you don't go to that meeting, the next time we're 24 before the Board, it's going to be for a trial and 25 we will seek whatever suspension is necessary.  31 1 Are you aware of that? 2 MR. CLAROS: Yes. 3 MR. GONZALEZ: Okay. I request it be 4 adjourned. 5 MAYOR STACK: Thank you very much, no 6 problem. Adjourned. 7 * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  32 1 1. License No. 0910-33-210-005 2 Buyer: Arturo Tepetitla Popoca 3 Seller: Caribe Club Restaurant, Inc. 4 Person-to-person transfer (to be held in pocket) 5 Eike Paneque, Esq. 6 7 MR. GONZALEZ: The next matter is Arturo 8 Tepetitla -- I'm not even going there. But they 9 are represented by Eike Paneque. This is a 10 person-to-person transfer of a pocket license. 11 The seller is Caribe Club Restaurant. And the 12 buyer is Arturo Tepetitla, who is represented by 13 Ms. Paneque. 14 Prior to being here today, they were 15 able to resolve all the issues that were 16 outstanding, which is the tax certificate. They 17 had the fingerprints, which they were done in the 18 police department, turned up clean. All their 19 funds were checked by Lieutenant Dunlay. 20 After doing all that inspection, I 21 believe the police department had no objection to 22 the transfer. Am I correct? 23 LIEUTENANT DUNLAY: That's correct, 24 there's no objection. 25 MR. GONZALEZ: This would be a  33 1 pocket-to-pocket license. I did explain to them 2 that any time they have this pocket license, if 3 they want to use it in an establishment, they're 4 still required to make application and come before 5 this Board for the location. 6 MAYOR STACK: Absolutely. 7 MS. PANEQUE: We understand. 8 MAYOR STACK: You want to enter your 9 appearance? 10 MS. PANEQUE: Eike Paneque for Mr. 11 Tepetitla. 12 MAYOR STACK: You do understand, right, 13 you'd have to come before us when you find a 14 location? 15 MR. TEPETITLA: Yes. 16 MAYOR STACK: Thank you very much. I'll 17 make a motion to approve. 18 MS. ROSARIO: Motion made by Mayor 19 Stack. 20 COMMISSIONER VALDIVIA: Second. 21 MS. ROSARIO: Second by Commissioner 22 Valdivia. 23 Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Grullon.  34 1 COMMISSIONER GRULLON: Yes. 2 MS. ROSARIO: Commissioner Valdivia. 3 COMMISSIONER VALDIVIA: Yes. 4 MS. ROSARIO: Commissioner Martinetti. 5 COMMISSIONER MARTINETTI: Yes. 6 MS. ROSARIO: Mayor Stack. 7 MAYOR STACK: Yes. Thank you very much. 8 MS. PANEQUE: Thank you. 9 * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  35 1 2. License No. 0910-33-176-009 2 Buyer: Pedro Luna 3 Seller: Dos Hijas, LLC 4 Person-to-person transfer (to bel held in pocket) 5 Mr. Mulcay, Esq. 6 7 MR. GONZALEZ: The last matter we have 8 is Pedro Luna is the buyer. The seller is Dos 9 Hijas, LLC, it's a pocket-to-pocket. Mr. Mulcay 10 represents the purchaser, Mr. Luna who's here. 11 Likewise, he's completed all the background 12 checks, fingerprints. And we have confirmed he 13 has quality funds and where the funds have come 14 from to purchase this license. 15 After review, I know Lieutenant Dunlay 16 and Sergeant Zeron did not have any objection. Am 17 I correct in that? 18 LIEUTENANT DUNLAY: Correct. 19 SERGEANT ZERON: Correct. 20 MAYOR STACK: Do you own any other 21 establishments? 22 MR. LUNA: Yes. The Stars of Mexico, 23 2421 West. 24 MAYOR STACK: That's the old Espania 25 Restaurant.  36 1 MR. LUNA: 24th and West. 2 MAYOR STACK: Does he have any plans 3 where he's going to be opening? 4 MR. MULCAY: He's looking, Mayor, he's 5 been looking for a place to either open or maybe 6 transfer the license. He actually met with a 7 Realtor this morning. He's looking -- 8 MAYOR STACK: This is his second license 9 then? 10 MR. MULCAY: Correct. 11 MR. GONZALEZ: He realizes he's only 12 allowed to own two licenses? 13 MR. MULCAY: Correct, he is aware. 14 MR. GONZALEZ: And he's further aware 15 that before he can open the establishment -- 16 MR. MULCAY: He needs to come back 17 before the Board and get approval. 18 MAYOR STACK: Okay, good. Any 19 Commissioners have any questions? Anyone from the 20 public have any questions on this license? 21 Seeing none, I'll make a motion to 22 close. I'll make the motion to approve the 23 person-to-person -- 24 COMMISSIONER MARTINETTI: Second. 25 MAYOR STACK: -- to be held in pocket.  37 1 MS. ROSARIO: Motion by Mayor Stack, 2 second by Commissioner Martinetti. 3 Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MS. ROSARIO: Commissioner Grullon. 6 COMMISSIONER GRULLON: Yes. 7 MS. ROSARIO: Commissioner Valdivia. 8 COMMISSIONER VALDIVIA: Yes. 9 MS. ROSARIO: Commissioner Martinetti. 10 COMMISSIONER MARTINETTI: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. Thank you. 13 MR. GONZALEZ: That concludes all the 14 ABC matters. 15 * * * * 16 17 18 19 20 21 22 23 24 25  38 1 ADJOURNMENT: 2 3 MS. ROSARIO: May I have a motion to 4 adjourn? 5 COMMISSIONER MARTINETTI: Motion. 6 MS. ROSARIO: Motion by Commissioner 7 Martinetti. 8 COMMISSIONER FERNANDEZ: Second. 9 MS. ROSARIO: Second by Commissioner 10 Fernandez. All in favor? 11 12 (Whereupon, all Board Members indicate 13 in the affirmative.) 14 15 (Whereupon the meeting was adjourned at 16 7:22 p.m.) 17 18 19 20 21 22 23 24 25  39 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 Angelo Auteri, Esq., 11 Corporation Counsel 12 13 14 15 16 17 18 19 20 21 22 23 24 25  40 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