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 JEFFERSON ELEMENTARY SCHOOL 3400 Palisade Avenue 7 Union City, New Jersey 8 Tuesday, March 7, 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 LUCIO P. FERNANDEZ, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER 13 BRIAN P. STACK, MAYOR 14 M E M B E R S A B S E N T: 15 WENDY A. GRULLON, COMMISSIONER 16 MARYURY A. MARTINETTI, COMMISSIONER 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 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 ANTHONY BIANCIELLA, ESQUIRE Attorney for Salvadorian Restaurant, LLC 3 4 ANTHONY SARSANO, ESQUIRE Attorney for Said Prasad, Inc. 5 6 CIRO MEDEROS, ESQUIRE Attorney for Agave Restaurant, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  3 1 I N D E X 2 PAGE 3 CALL TO ORDER 4 SALUTE TO FLAG 4 4 ROLL CALL 4 5 APPROVAL OF MINUTES 5 6 SPECIAL PRESENTATION 5 7 ORDINANCE(S) FOR INTRODUCTION 6 8 CONSENT AGENDA 8 9 REGULAR AGENDA 15 10 CITIZENS ADDRESS THE BOARD 16 11 LIQUOR LICENSE PUBLIC HEARINGS 18 12 Salvadorian Bar 19 Said Prasad, Inc. 22 13 JRV Restaurant, Inc. 25 Agave Restaurant 27 14 15 ADJOURNMENT 31 16 17 18 19 20 21 22 23 24 25  4 1 (Whereupon, the Pledge of Allegiance was 2 recited.) 3 4 MS. ROSARIO: This is a regular public 5 meeting of the Union City Board of Commissioners 6 being held on Tuesday, March 7, 2023, at 7:00 p.m. 7 at Jefferson Elementary School, 3400 Palisade 8 Avenue, Union City, New Jersey. 9 This meeting has been called in 10 accordance with the Open Public Meetings Act. 11 Adequate notice was forwarded to The Jersey 12 Journal, The Record and The Hudson Reporter and 13 has been posted on the bulletin board in the City 14 Hall and has been made available to the public in 15 the office of the Municipal Clerk. 16 17 ROLL CALL: 18 19 MS. ROSARIO: Commissioner Fernandez. 20 COMMISSIONER FERNANDEZ: Here. 21 MS. ROSARIO: Commissioner Valdivia. 22 COMMISSIONER VALDIVIA: Here. 23 MS. ROSARIO: Mayor Stack. 24 MAYOR STACK: Here. 25 Commissioner Martinetti had a family  5 1 commitment tonight. And Commissioner Grullon, her 2 sister-in-law is very sick in New York Hospital. 3 4 (Whereupon, the Board discussed and took 5 action on the following item: 6 7 APPROVAL OF PREVIOUS MEETING MINUTES) 8 9 MS. ROSARIO: The first item on the 10 agenda is the approval of previous minutes. 11 MAYOR STACK: Motion. 12 COMMISSIONER VALDIVIA: Second. 13 MS. ROSARIO: Motion by Mayor Stack, 14 second by Commissioner Valdivia. 15 Commissioner Fernandez. 16 COMMISSIONER FERNANDEZ: Yes. 17 MS. ROSARIO: Commissioner Valdivia. 18 COMMISSIONER VALDIVIA: Yes. 19 MS. ROSARIO: Mayor Stack. 20 MAYOR STACK: Yes. 21 22 (Whereupon, the Board discussed and took 23 action on the following: 24 25 SPECIAL PRESENTATION TO THE UCHS GIRLS' BASKETBALL  6 1 TEAM.) 2 3 MS. ROSARIO: The next item is a special 4 presentation to the New Jersey Basketball North 1, 5 Group 4, 2022-2023 championship girls' basketball 6 team. 7 (Presentation by Commissioner Valdivia 8 and the coach to the girls basketball team.) 9 10 (Whereupon, the Board discussed and took 11 action on the following item: 12 13 ORDINANCE(S) FOR INTRODUCTION: 14 1. AN ORDINANCE AUTHORIZING THE EXERCISE OF 15 EMINENT DOMAIN TO ACQUIRE BLOCK 242, LOT 1: 16 ADDITIONAL LOTS 2, 3, 4 & 11, BLOCK 242, LOT 5: 17 ADDITIONAL LOT 6, AND BLOCK 242, LOT 7 AKA 4100 18 PALISADE AVENUE IN THE CITY OF UNION CITY.) 19 20 MS. ROSARIO: There is one ordinance for 21 introduction. Adoption on first reading 22 authorizes the Municipal Clerk to advertise the 23 ordinance with a notice of the introduction, 24 together with a notice of the time and place when 25 the ordinance will be considered for final  7 1 passage. The ordinance will be further considered 2 at a meeting of the Board of Commissioners to be 3 held on Tuesday, March 21, 2023, at the Islamic 4 Education Center, 4613 Cottage Place, Union City, 5 New Jersey, at 7:00 p.m. 6 An ordinance authorizing the exercise of 7 eminent domain to acquire Block 242, Lot 1: 8 Additional Lots 2, 3, 4 and 11, Block 242, Lot 5: 9 Additional Lot 6 and Block 242, Lot 7, AKA 4100 10 Palisade Avenue in the City of Union City. 11 MAYOR STACK: I'll move it. 12 MS. ROSARIO: Motion to introduce by 13 Mayor Stack. 14 COMMISSIONER VALDIVIA: Second. 15 MS. ROSARIO: Second by Commissioner 16 Valdivia. 17 Commissioner Fernandez. 18 COMMISSIONER FERNANDEZ: Yes. 19 MS. ROSARIO: Commissioner Valdivia. 20 COMMISSIONER VALDIVIA: Yes. 21 MS. ROSARIO: Mayor Stack. 22 MAYOR STACK: Yes. 23 24 (Whereupon, the Board discussed and took 25 action on the following items in total:  8 1 CONSENT AGENDA: 2 ( 1) Payment of Claims. 3 ( 2) Resolution Approving the Payment of 4 Concurrent Claims. 5 ( 3) Resolution Approving the Escrow Refunds. 6 ( 4) Resolution Approving the City Payroll 7 January 14, 2023, Through January 27, 2023. 8 ( 5) Resolution Approving the Library Payroll 9 January 14, 2023 Through January 27, 2023. 10 ( 6) Resolution Authorizing Refund of Redemption 11 Monies to Outside Lienholders. 12 ( 7) Resolution Authorizing Premium Monies 13 Collected At the Tax Sale. 14 ( 8) Resolution Authorizing the Refund of 15 Duplicate Payments. 16 ( 9) Resolution Approving the 2022-2023 Renewal 17 of Liquor License Number 0910-33-001-011 Issued to 18 Four Amigos Restaurant, LLC T/a Mi Bandera 19 Restaurant. 20 (10) Resolution Accepting 2021 Byrne Justice 21 Assistance Grant (JAG) Program Award. 22 (11) Resolution Authorizing Emergency Purchase of 23 Audio Recording Equipment For Municipal Court. 24 (12) Resolution Authorizing the Placement of a 25 Lien on the Property Known As 319 37th Street,  9 1 Union City, New Jersey, Block 215, Lot 25 in the 2 City of Union City Union For Tenant Relocation 3 Costs. 4 (13) Resolution Authorizing the Placement of a 5 Lien on the Property Known As 420 Tournade Place, 6 Union City, Block 61.02, Lot 27 in the City of 7 Union City For Tenant Relocation Costs. 8 (14) Resolution Authorizing the Placement of a 9 Lien on the Property Known As 718 14th Street, 10 Union City, Block 70, Lot 25 in the City of Union 11 City For Emergency Repair Costs. 12 (15) Resolution Authorizing the Placement of a 13 Lien on the Property Known As 626 31st Street, in 14 Union City, Block 171, Lot 30 in the City of Union 15 City For Emergency Repair Costs. 16 (16) Resolution Authorizing Submission of a 17 Strategic Plan For the Union City Municipal 18 Alliance Grant Pursuant to the Governor's Council 19 on Alcoholism and Drug Abuse Grant Cycle From 20 July 1, 2023, Through June 30, 2024. 21 (17) Resolution Authorizing the Submission of an 22 Application For the DMHAS Youth Leadership Grant 23 Funding For the Union City Municipal Alliance For 24 the Grant Cycle September 1, 2023, Through 25 September 30, 2025.  10 1 (18) Resolution Accepting 2022 Byrne Justice 2 Assistance Grant (JAG) Program Award. 3 (19) Resolution Rejecting All Bids For 4 Landscaping Maintenance Services For 2023 and 5 Authorizing a Rebid. 6 (20) Resolution to Appoint a Regular Member to 7 the Zoning Board of Adjustment For the City of 8 Union City. 9 (21) Resolution Authorizing Colliers Engineering 10 and Design to Advertise For the Receipt of Bids 11 For the Bergenline Avenue Phase II Project From 12 37th Street to 43rd Street. 13 (22) Resolution of the City of Union City, County 14 of Hudson, New Jersey, Authorizing the Issuance of 15 $850,000 of Affordable Housing Trust Fund Money to 16 720 8th Street Union City, LP, For the Development 17 of an Affordable Housing Project. 18 (23) Resolution of the City of Union City, County 19 of Hudson, New Jersey, Authorizing the Grant of a 20 Tax Exemption and the Execution of an Agreement 21 For Payment in Lieu of Taxes With 720 8th Street 22 Union City LP, Pursuant to N.J.S.A. 55:14K-1 Et 23 Seq.) 24 25 MS. ROSARIO: There are 23 items on the  11 1 consent agenda. 2 One, payment of claims. 3 Two, resolution approving the payment of 4 concurrent claims. 5 Three, resolution approving the escrow 6 refunds. 7 Four, resolution approving the City 8 payroll January 14, 2023, through January 27, 9 2023. 10 Five, resolution approving the library 11 payroll January 14, 2023 through January 27, 2023. 12 Six, resolution authorizing refund of 13 redemption monies to outside lienholders. 14 Seven, resolution authorizing premium 15 monies collected at the tax sale. 16 Eight, resolution authorizing the refund 17 of duplicate payments. 18 Nine, resolution approving the 2022-2023 19 renewal of liquor license number 0910-33-001-011 20 issued to Four Amigos Restaurant, LLC t/a Mi 21 Bandera Restaurant. 22 Ten, resolution accepting 2021 Byrne 23 Justice Assistance Grant (JAG) program award. 24 Eleven, resolution authorizing emergency 25 purchase of audio recording equipment for  12 1 municipal court. 2 Twelve, resolution authorizing the 3 placement of a lien on the property known as 319 4 37th Street, Union City, New Jersey, Block 215, 5 Lot 25 in the City of Union City union for tenant 6 relocation costs. 7 Thirteen, resolution authorizing the 8 placement of a lien on the property known as 420 9 Tournade Place, Union City, Block 61.02, Lot 27 in 10 the City of Union City for tenant relocation 11 costs. 12 Fourteen, resolution authorizing the 13 placement of a lien on the property known as 718 14 14th Street, Union City, Block 70, Lot 25 in the 15 City of Union City for emergency repair costs. 16 Fifteen, resolution authorizing the 17 placement of a lien on the property known as 626 18 31st Street, in Union City, Block 171, Lot 30 in 19 the City of Union City for emergency repair costs. 20 Sixteen, resolution authorizing 21 submission of a strategic plan for the Union City 22 Municipal Alliance Grant pursuant to the 23 governor's council on Alcoholism and Drug Abuse 24 Grant Cycle from July 1, 2023, through June 30, 25 2024.  13 1 Seventeen, resolution authorizing the 2 submission of an application for the DMHAS youth 3 leadership grant funding for the Union City 4 Municipal Alliance for the grant cycle 5 September 1, 2023, through September 30, 2025. 6 Eighteen, resolution accepting 2022 7 Byrne Justice Assistance grant (JAG) program 8 award. 9 Nineteen, resolution rejecting all bids 10 for landscaping maintenance services for 2023 and 11 authorizing a rebid. 12 Twenty, resolution to appoint a regular 13 member to the zoning board of adjustment for the 14 City of Union City. 15 Twenty-one, resolution authorizing 16 Colliers Engineering and Design to advertise for 17 the receipt of bids for the Bergenline Avenue 18 phase II project from 37th Street to 43rd Street. 19 Twenty-two, resolution of the City of 20 Union City, County of Hudson, New Jersey, 21 authorizing the issuance of $850,000 of affordable 22 housing trust fund money to 720 8th Street Union 23 City, LP, for the development of an affordable 24 housing project. 25 Twenty-three, resolution of the City of  14 1 Union City, County of Hudson, New Jersey, 2 authorizing the grant of a tax exemption and the 3 execution of an agreement for payment in lieu of 4 taxes with 720 8th Street Union City LP, pursuant 5 to N.J.S.A. 55:14K-1 et seq. 6 MAYOR STACK: Just on number 22, Hilda, 7 who put that on the agenda, 22 and 23? Was that 8 done by Brian Chewcaskie? 9 MR. AUTERI: That's correct, Mayor. 10 MAYOR STACK: Okay. 11 MS. ROSARIO: Mayor, would you like to 12 take public comment? 13 MAYOR STACK: Anyone wishing to comment 14 on the consent agenda, please step forward, state 15 your name and address for the record. That was on 16 the agenda just read into the record by the clerk. 17 Seeing none, I'll make the motion to close the 18 public hearing. 19 MS. ROSARIO: Motion made by Mayor 20 Stack. 21 COMMISSIONER FERNANDEZ: Second. 22 MS. ROSARIO: Session by Commissioner 23 Fernandez. 24 Commissioner Fernandez. 25 COMMISSIONER FERNANDEZ: Yes.  15 1 MS. ROSARIO: Commissioner Valdivia. 2 COMMISSIONER VALDIVIA: Yes. 3 MS. ROSARIO: Mayor Stack. 4 MAYOR STACK: Yes. 5 MS. ROSARIO: Mayor recuses from 6 payments to Chasan, Lamparello and Mallon. Motion 7 to approve all items on the consent agenda. 8 COMMISSIONER VALDIVIA: Motion. 9 MAYOR STACK: Second. 10 MS. ROSARIO: Motion by Commissioner 11 Valdivia, second by Mayor Stack. 12 Commissioner Fernandez. 13 COMMISSIONER FERNANDEZ: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Mayor Stack. 17 MAYOR STACK: Yes. 18 19 (Whereupon, the Board discussed and too 20 action on the following item: 21 22 REGULAR AGENDA: 23 1. Resolution for the payment of claims to the 24 Union City Board of Education.) 25  16 1 MS. ROSARIO: We have one item on the 2 regular agenda. It's the resolution for payment 3 of claims to the Union City Board of Education. 4 MAYOR STACK: I'll move it. 5 MS. ROSARIO: Moved by Mayor Stack. 6 MR. AUTERI: The Board is invoking the 7 doctrine of necessity to move this item. 8 MS. ROSARIO: Second? 9 COMMISSIONER VALDIVIA: Second. 10 MS. ROSARIO: Second by Commissioner 11 Valdivia. 12 Commissioner Fernandez. 13 COMMISSIONER FERNANDEZ: Yes. 14 MS. ROSARIO: Commissioner Valdivia. 15 COMMISSIONER VALDIVIA: Yes. 16 MS. ROSARIO: Mayor Stack. 17 MAYOR STACK: Yes. 18 19 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 20 21 MS. ROSARIO: Mayor, at this time would 22 you like to take public comment on any matter 23 concerning -- 24 MAYOR STACK: Anyone wishing to comment 25 on any matter concerning municipal government in  17 1 the City of Union City, please step forward, state 2 your name and address for the record. Seeing 3 none. 4 MS. ROSARIO: Motion? 5 MAYOR STACK: Close. 6 MS. ROSARIO: By Mayor Stack. 7 COMMISSIONER VALDIVIA: Second. 8 MS. ROSARIO: Second by Commissioner 9 Valdivia. 10 Commissioner Fernandez. 11 COMMISSIONER FERNANDEZ: Yes. 12 MS. ROSARIO: Commissioner Valdivia. 13 COMMISSIONER VALDIVIA: Yes. 14 MS. ROSARIO: Mayor Stack. 15 MAYOR STACK: Yes. 16 * * * * 17 18 19 20 21 22 23 24 25  18 1 LIQUOR LICENSE HEARINGS: 2 1. Crave 43, LLC 3 T/a Crave 43 4 120 43rd Street 5 0910-33-029-010 6 7 2. Agave Restaurant, LLC 8 T/a Agave Restaurant 9 4317 Bergenline Avenue 10 0910-33-052-007 11 12 3. Salvadorian Bar & Restaurant, LLC 13 T/a El Centro Americano Bar Y Restaurant 14 4212 New York Avenue 15 0910-33-051-006 16 17 4. Sai Prasad, Inc. 18 T/a Bergenline Liquors 19 3819 Bergenline Avenue 20 0910-32-066-004 21 22 5. JRV Restaurant, Inc. 23 T/a El Papaturro 24 1018 Summit Avenue 25 0910-33-137-005  19 1 1. Salvadorian Bar & Restaurant, LLC 2 T/a El Centro Americano Bar Y Restaurant 3 4212 New York Avenue 4 0910-33-051-006 5 6 MAYOR STACK: Liquor license hearings, 7 Mr. Gonzalez, if you could step forward. 8 MR. GONZALEZ: Thank you. Good evening. 9 For the record, my name is Raymond Gonzalez, 10 G-O-N-Z-A-E-L-E-Z, on behalf of the Union City 11 ABC. Also present is Lieutenant Dunlay and 12 Sergeant Zeron. 13 We have several matters that are on for 14 today, all of them are ready for disposition. I'd 15 like to go a little bit out of order because we're 16 still waiting for one person and one individual's 17 attorney. So I think if we can move to Item 3, 18 Salvadorian Bar and Restaurant, they're 19 represented by Anthony Bianciella. 20 MAYOR STACK: Sure. 21 MR. BIANCIELLA: Good evening, Mayor, 22 Commissioners. 23 MAYOR STACK: If you could state your 24 name for the record. 25 MR. BIANCIELLA: Anthony Bianciella,  20 1 B-I-A-N-C-I-E-L-L-A. 2 MR. GONZALEZ: This is a matter that 3 happened on the 11th of December of last year. 4 The participants inside the bar became somewhat 5 disruptive and I did see in the video and I 6 believe Detective Dunlay who provided to me also 7 confers that the owner tried to quell the 8 situation, it spilled out into the street and the 9 police had to be called. 10 In speaking with their attorney, we've 11 reached a resolution where it would be a ten day 12 suspension, five of them will be held in abeyance. 13 They've agreed that they would be closed from 14 April 3rd until April 7th and returning back to 15 being open on April 8th. 16 MAYOR STACK: Okay. I'll make a motion 17 to approve. 18 MS. ROSARIO: Motion made by Mayor 19 Stack. 20 COMMISSIONER FERNANDEZ: Second. 21 MS. ROSARIO: Second by Commissioner 22 Fernandez. 23 Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Valdivia.  21 1 COMMISSIONER VALDIVIA: Yes. 2 MS. ROSARIO: Mayor Stack. 3 MAYOR STACK: Yes. 4 MR. BIANCIELLA: Thank you, Mayor. 5 MR. GONZALEZ: Thank you. 6 * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  22 1 2. Said Prasad, Inc. 2 T/a Bergenline Liquors 3 3819 Bergenline Avenue 4 0910-32-066-004 5 (Anthony Sarsano, Esq.) 6 7 MR. GONZALEZ: The next matter is number 8 4, Bergenline Liquors, they are represented by Mr. 9 Sarsano. 10 MR. GONZALEZ: This is a situation that 11 was on two weeks ago before the Board. There was 12 some violations for the camera where they were 13 blocked and they couldn't be seen. From that 14 period of time when we appeared, there was another 15 incident that occurred on January 24th of this 16 year. That involved a brawl, it spilled into the 17 back. There was some broken cabinets and the 18 police had to respond. 19 More importantly, based on the 20 investigation, this brawl happened after 2:00, 21 probably about 2:15, but it's way after when they 22 should have been closed. In speaking with Mr. 23 Sarsano, we have proposed a 25 day suspension, 24 they have agreed. It would be consecutive, it 25 would start March 13th through April 6th.  23 1 MAYOR STACK: Mr. Sarsano, did you enter 2 your appearance? 3 MR. SARSANO: No. For the record my 4 name is Anthony Sarsano. I represent the licensee 5 in this matter. 6 MAYOR STACK: Is the licensee here? 7 MR. SARSANO: No. His wife is in labor. 8 MAYOR STACK: From now -- I understand 9 today, I understand the situation. But they have 10 to show up, Mr. Gonzalez. Going forward. 11 MR. GONZALEZ: I understand. 12 MAYOR STACK: This is place should be on 13 notice that they're being watched and there's a 14 lot of issues at this location. 15 MR. SARSANO: I understand, Mr. Mayor. 16 MAYOR STACK: I'll make a motion to 17 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: I'm going to 25 abstain, but based on the doctrine of necessity, I  24 1 have to vote. Yes. 2 MS. ROSARIO: Commissioner Valdivia. 3 COMMISSIONER VALDIVIA: Yes. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Yes. 6 MR. GONZALEZ: Thank you. 7 MR. SARSANO: Thank you. 8 * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  25 1 3. 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 Number 7 5, El Papaturro, JRV Restaurant, Inc. 8 MR. CLAROS: Good evening. My name is 9 Juan Claros. 10 MR. GONZALEZ: Mr. Claros, just to be 11 clear, you speak English and do not need an 12 interpreter; is that correct? 13 MR. CLAROS: Correct. 14 MR. GONZALEZ: Okay. This gentleman 15 came to the meeting where we proposed a 16 suspension. The proposed suspension was 20 days. 17 He has, in fact, agreed to it. He would be found 18 guilty of the brawl that occurred there. He's 19 just requested that the suspension run from 20 April 4th to the 24th. 21 I did explain to him that he has the 22 opportunity to get an attorney, I gave him that 23 opportunity two times and he explained to me he 24 does not want to. He wishes to proceed without an 25 attorney; is that correct, sir?  26 1 MR. CLAROS: That's correct. 2 MAYOR STACK: You understood everything 3 that Mr. Gonzalez said? 4 MR. CLAROS: Yes. Just one thing, from 5 the 4th to the 23rd is 20 days. 6 LIEUTENANT DUNLAY: You would open the 7 24th. 8 MAYOR STACK: I make a motion to 9 approve. 10 COMMISSIONER FERNANDEZ: Second. 11 MS. ROSARIO: Motion made by Mayor 12 Stack, second by Commissioner Fernandez. 13 Commissioner Fernandez. 14 COMMISSIONER FERNANDEZ: Yes. 15 MS. ROSARIO: Commissioner Valdivia. 16 COMMISSIONER VALDIVIA: Yes. 17 MS. ROSARIO: Mayor Stack. 18 MAYOR STACK: Yes. 19 MR. CLAROS: Thank you. Good night. 20 * * * * 21 22 23 24 25  27 1 4. Agave Restaurant, LLC 2 T/a Agave Restaurant 3 4317 Bergenline Avenue 4 0910-33-052-007 5 Ciro Mederos, Esq. 6 7 MR. GONZALEZ: Another matter that we 8 have Agave Restaurant, LLC, they're located at 9 4317 Bergenline, they're present. They are 10 represented by Ciro Mederos. I talked to him 11 today, I did explain what time the meeting was. I 12 don't see him here. The proposed resolution to 13 this is five days, which would be held in abeyance 14 because it was a camera violation. Not that they 15 didn't have cameras, it's just that the memory on 16 the camera was only 30 days. They have since 17 brought it up to what is required, which is 18 60 days. And Lieutenant Dunlay has actually gone 19 to do the inspection to confirm that they 20 fulfilled -- 21 MAYOR STACK: But they are represented 22 by an attorney? 23 MR. GONZALEZ: But they are represented 24 by an attorney. 25 MAYOR STACK: Let's adjourn it until the  28 1 next meeting. 2 MR. GONZALEZ: That's the second time. 3 MAYOR STACK: Let Mr. Mederos know the 4 next one, we're going to proceed without him. 5 MR. GONZALEZ: The last matter is Crave 6 43, LLC. I spoke with them about 15 minutes ago 7 and they were at the wrong location. They were on 8 their way here. They said they will be here in 9 about 10 minutes. I don't know if you want to 10 carry it to the next meeting? 11 MAYOR STACK: We'll carry it to the next 12 meeting. 13 MR. GONZALEZ: That's all the matters we 14 have then. 15 MAYOR STACK: Thank you very much. 16 MS. ROSARIO: Motion by Commissioner 17 Fernandez. 18 LEFT2: I had an emergency it wasn't 19 anything -- Mr. Mayor -- 20 MAYOR STACK: What do you want to do, 21 Ray? 22 MR. GONZALEZ: If you want to put it -- 23 MAYOR STACK: I don't want to 24 inconvenience his client, they're walking out. 25 MR. GONZALEZ: I think maybe under the  29 1 circumstances, since it is going to be a matter 2 that's going to be held in abeyance, it's five 3 days, held in abeyance. They've corrected the 4 situation. Detective Dunlay has confirmed it's 5 been fixed. 6 MAYOR STACK: This is Agave Restaurant? 7 MR. GONZALEZ: It is. 8 MAYOR STACK: Okay. Mr. Mederos, you 9 represent Agave Restaurant. 10 MR. MEDEROS: Yes, I do, your Honor. 11 And, Mayor, for the record, this was an issue with 12 the contractor that he had hired, it wasn't a 13 willing disobeyance of the statute or the 14 ordinance. The person he hired didn't do the 15 right thing. 16 MAYOR STACK: Okay. 17 MR. MEDEROS: He's a hard working 18 business person in the city, Mayor, and I think 19 that the record shows that he has had no real 20 problems in the way he's running -- 21 MR. GONZALEZ: I think that's why we're 22 providing him the benefit of doubt and not closing 23 him. 24 MAYOR STACK: Exactly. I'll make a 25 motion to approve. So the days would be held in  30 1 abeyance? 2 MR. GONZALEZ: That's correct for one 3 year. 4 COMMISSIONER FERNANDEZ: Second. 5 MS. ROSARIO: Motion made by Mayor 6 Stack, second by Commissioner Fernandez. 7 Commissioner Fernandez. 8 COMMISSIONER FERNANDEZ: Yes. 9 MS. ROSARIO: Commissioner Valdivia. 10 COMMISSIONER VALDIVIA: Yes. 11 MS. ROSARIO: Mayor Stack. 12 MAYOR STACK: Yes. 13 * * * * 14 15 16 17 18 19 20 21 22 23 24 25  31 1 ADJOURNMENT: 2 3 MS. ROSARIO: Motion to adjourn. 4 MAYOR STACK: Motion. 5 COMMISSIONER FERNANDEZ: Second. 6 MS. ROSARIO: Motion by Mayor Stack, 7 second by Commissioner Fernandez. 8 All in favor? 9 10 (Whereupon, all Board Members indicate 11 in the affirmative.) 12 13 (Whereupon the meeting was adjourned at 14 7:22 p.m.) 15 16 17 18 19 20 21 22 23 24 25  32 1 Brian P. Stack 2 Lucio P. Fernandez 3 Celin J. Valdivia 4 5 Board of Commissioners 6 7 8 Attest: 9 Angelo Auteri, Esq., 10 Corporation Counsel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  33 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