Board of Commissioners - 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 THE ISLAMIC EDUCATION CENTER 4613 Cottage Place 7 Union City, New Jersey 8 Tuesday, March 15, 2022 9 Commencing at 7:06 p.m. 10 11 M E M B E R S P R E S E N T: 12 LUCIO P. FERNANDEZ, 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 WENDY A. GRULLON, COMMISSIONER 17 A L S O P R E S E N T: 18 HILDA ROSARIO, 19 Acting City Clerk 20 SCARINCI HOLLENBECK BY: ANGELO AUTERI, ESQ. 21 Corporation Counsel 22 GREGORY T. FARMER, ESQ. Attorney for the Union City 23 Alcohol Beverage Control Commission 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 EIKE PANEQUE, ESQUIRE Attorney for Variedad Latina, Inc. 3 4 EIKE PANEQUE, ESQUIRE Attorney for 2216 Bergenline Avenue, LLC 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 4 5 SPECIAL PRESENTATION 5 6 CONSENT AGENDA 5 7 REGULAR AGENDA 20 8 CITIZENS ADDRESS THE BOARD 22 9 LIQUOR LICENSE PUBLIC HEARINGS 24 10 Variedad Latina, Inc. 25 2216 Bergenline Avenue, LLC 29 11 R.G. Enterprise Entertainment, Inc. 33 BSB Patel, Inc. 36 12 ADJOURNMENT 39 13 14 15 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 meeting has been 5 called in accordance with the Open Public Meetings 6 Act, adequate notice of this meeting has been 7 provided to The Jersey Journal, The Record, The 8 Hudson Reporter, has been posted on the bulletin 9 board in the City Hall and has been made available 10 to the public in the Office of the Municipal 11 Clerk. 12 13 ROLL CALL: 14 15 MS. ROSARIO: Roll call. Commissioner 16 Fernandez. 17 COMMISSIONER FERNANDEZ: Here. 18 MS. ROSARIO: Commissioner Grullon is 19 absent. 20 Commissioner Valdivia. 21 COMMISSIONER VALDIVIA: Here. 22 MS. ROSARIO: Commissioner Martinetti. 23 COMMISSIONER MARTINETTI: Here. 24 MS. ROSARIO: Mayor Stack. 25 MAYOR STACK: Here. Commissioner  5 1 Grullon had a family emergency, that's why she's 2 not here tonight. 3 4 SPECIAL PRESENTATION: 5 6 MS. ROSARIO: First item, special 7 presentation. Official proclamation to recognize 8 June as men's health month. 9 10 11 (Whereupon, the Board discussed and took 12 action on the following items in total: 13 CONSENT AGENDA: 14 ( 1) Resolution Approving the Payment of Claims 15 ( 2) Resolution Approving the Payment of 16 Concurring Claims 17 ( 3) Resolution Approving the City Payroll 18 2-12-22/2-25-22 19 ( 4) Resolution Approving the Library Payroll 20 2-12-22/2-25-22 21 ( 5) Resolution Approving the Escrow Refunds 22 ( 6) Resolution Authorizing the City of Union City 23 to Enter Into a Cooperative Pricing Agreement 24 ( 7) Resolution Authorizing the Tax Collection to 25 Hold an Accelerated Tax Sale  6 1 ( 8) Resolution Authorizing Tax Sale Fees 2 ( 9) Resolution Authorizing Refund of Redemption 3 Monies to Outside Lienholders 4 (10) Resolution Authorizing a Contract With 5 Realauction.Com, LLC For Electronic Tax Lien 6 Certificate Sale Service 7 (11) Resolution Authorizing the Refund of an 8 Incorrect Payment 9 (12) Resolution Authorizing the Refund of a 10 Duplicate Payment 11 (13) Resolution Authorizing Electronic Tax Sale 12 (14) Resolution Authorizing the Refund of Premium 13 Monies Collected At the Tax Sale 14 (15) Resolution Cancelling Unclaimed Tax Credits 15 Due to Properties That No Longer Exist 16 (16) Resolution Authorizing Crediting the Tax 17 Appeal Decisions By the Tax Court of New Jersey 18 (17) Resolution Authorizing Crediting the Tax 19 Appeal Decisions By the Hudson County Board of 20 Taxation 21 (18) Resolution Appointing Kennedy Ng As Rent 22 Regulation Officer 23 (19) Resolution Approving the PVSC Power Plant 24 Proposal in Newark 25 (20) Resolution Approving New Jersey  7 1 Intergovernmental Insurance Fund (Indemnity and 2 Trust Agreement) 3 (21) Resolution Approving to Advertise For Bid For 4 the Bergenline Avenue Streetscape Improvements, 5 Phase I 6 (22) Resolution Approving to Advertise For Bid For 7 the Pool & Spray Grounds Opening, Maintenance & 8 Closing 9 (23) Resolution Approving to Advertise For Bid For 10 the Chlorine & Pool Chemicals 11 (24) Resolution Approving to Advertise For Bid 12 Central Avenue Corridor Improvements 13 (25) Resolution Approving to Advertise For Bid 14 Summit Avenue & 19th Street Resurfacing 15 (26) Authorizing City Clerk to Advertise For Bids 16 For General Printing Services 17 (27) Resolution Authorizing Receipt of Bids For 18 Signs and Banners 19 (28) Resolution Authorizing a Shared Services 20 Agreement Between the City of Union City and the 21 Union City Board of Education Pertaining to the 22 Storage and Repair of Police Vehicles At 2214 23 Kennedy Boulevard 24 (29) Resolution Amending Resolution of the Board 25 of Commissioner of the City of Union City  8 1 Approving the 2017-2018 Renewal of Liquor License 2 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 3 (T/a El Cuco) 4 (30) Resolution Amending Resolution of the Board 5 of Commissioners of the City of Union City 6 Approving the 2018-2019 Renewal of Liquor License 7 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 8 (T/a El Cuco) 9 (31) Resolution Amending Resolution of the Board 10 of Commissioner of the City of Union City 11 Approving the 2019-2020 Renewal of Liquor License 12 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 13 (T/a El Cuco) 14 (32) Resolution of the Board of Commissioner of 15 the City of Union City Approving the 2021-2022 16 Renewal of Liquor License No. 0910-33-166-006 17 Issued to 2216 Bergenline Avenue, LLC, (T/a Centro 18 Bar) Nunc Pro Tunc to June 30, 2021 19 (33) Resolution of the Board of Commissioners of 20 the City of Union City Approving the 2021-2022 21 Renewal of R.G. Enterprise Entertainment, Inc. 22 (T/a Therapy Lounge) Liquor License No. 23 0910-33-134-006.) 24 25 MS. ROSARIO: Next item is the consent  9 1 agenda. 2 Resolution Approving the Payment of 3 Claims. 4 Resolution Approving the Payment of 5 Concurring Claims. 6 Resolution Approving the City Payroll 7 from 2-12-22 to 2-25-22. 8 Resolution Approving the Library Payroll 9 from 2-12-22 to 2-25-22. 10 Resolution Approving the Escrow Refunds. 11 Resolution Authorizing the City of Union 12 City to Enter Into a Cooperative Pricing 13 Agreement. 14 Resolution Authorizing the Tax 15 Collection to Hold an Accelerated Tax Sale. 16 Resolution Authorizing Tax Sale Fees. 17 Resolution Authorizing Refund of 18 Redemption Monies to Outside Lienholders. 19 Resolution Authorizing a Contract With 20 Realauction.Com, LLC For Electronic Tax Lien 21 Certificate Sale Service. 22 Resolution Authorizing the Refund of an 23 Incorrect Payment. 24 Resolution Authorizing the Refund of 25 Duplicate Payment.  10 1 Resolution Authorizing Electronic Tax 2 Sale. 3 Resolution Authorizing the Refund of 4 Premium Monies Collected At the Tax Sale. 5 Resolution Cancelling Unclaimed Tax 6 Credits Due to Properties That No Longer Exist. 7 Resolution Authorizing Crediting the Tax 8 Appeal Decisions By the Tax Court of New Jersey. 9 Resolution Authorizing Crediting the Tax 10 Appeal Decisions By the Hudson County Board of 11 Taxation. 12 Resolution Appointing Kennedy Ng As Rent 13 Regulation Officer. 14 Resolution Approving the PVSC Power 15 Plant Proposal in Newark. 16 Resolution Approving New Jersey 17 Intergovernmental Insurance Fund (Indemnity and 18 Trust Agreement). 19 Resolution Approving to Advertise For 20 Bid For the Bergenline Avenue Streetscape 21 Improvements, Phase I. 22 Resolution Approving to Advertise For 23 Bid For the Pool & Spray Grounds Opening, 24 Maintenance & Closing. 25 Resolution Approving to Advertise For  11 1 Bid For the Chlorine & Pool Chemicals. 2 Resolution Approving to Advertise For 3 Bid Central Avenue Corridor Improvements. 4 Resolution Approving to Advertise For 5 Bid Summit Avenue & 19th Street Resurfacing. 6 Authorizing City Clerk to Advertise For 7 Bids For General Printing Services. 8 Resolution Authorizing Receipt of Bids 9 For Signs and Banners. 10 Resolution Authorizing a Shared Services 11 Agreement Between the City of Union City and the 12 Union City Board of Education Pertaining to the 13 Storage and Repair of Police Vehicles At 2214 14 Kennedy Boulevard. 15 Resolution Amending Resolution of the 16 Board of Commissioner of the City of Union City 17 Approving the 2017-2018 Renewal of Liquor License 18 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 19 (T/a El Cuco). 20 Resolution Amending Resolution of the 21 Board of Commissioners of the City of Union City 22 Approving the 2018-2019 Renewal of Liquor License 23 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 24 (T/a El Cuco). 25 Resolution Amending Resolution of the  12 1 Board of Commissioners of the City of Union City 2 Approving the 2019-2020 Renewal of Liquor License 3 No. 0910-33-041-005 Issued to R.G. Miranda Corp. 4 (T/a El Cuco). 5 Resolution of the Board of Commissioners 6 of the City of Union City Approving the 2021-2022 7 Renewal of Liquor License No. 0910-33-166-006 8 Issued to 2216 Bergenline Avenue, LLC, (T/a Centro 9 Bar) Nunc Pro Tunc to June 30, 2021. 10 Resolution of the Board of Commissioners 11 of the City of Union City Approving the 2021-2022 12 Renewal of R.G. Enterprise Entertainment, Inc. 13 (T/a Therapy Lounge) Liquor License No. 14 0910-33-134-006. 15 Motion to -- 16 MAYOR STACK: Anyone wishing to comment 17 on the consent agenda, please step forward, state 18 your name and address for the record. 19 Just before we vote on this, I'd just 20 like to thank the Commissioners again for moving 21 100 percent of our meetings throughout our 22 community in the evening hours. 23 I thank the mosque for allowing us to 24 holding the meeting here today. In fact, I was 25 here this morning with the mobile constituent day  13 1 earlier today. So I thank them for always opening 2 the doors here and being a true friend and 3 neighbor to all of the community. The mosque, 4 long before I was the mayor of Union City, just a 5 side note, was always the first when there was an 6 issue in the area, whether it be a fire, or people 7 need of relocation to let people come in here and 8 stay here. Truly a great friend to the community, 9 truly a great friend. 10 I'd like to also point out the 11 Commissioners and myself are working on various 12 projects in Union City right now. In the uptown 13 area, we're doing 30 to 49 Palisade Avenue 14 sidewalks and streetscape, that will be -- the 15 street will be paved on Palisade Avenue, we're 16 installing bike lanes, decorative street lighting, 17 tree planting. 18 In addition to that, Bergenline Avenue, 19 we'll be doing the same from 39 to 49. This year, 20 we'll be starting on 49th, coming southbound down 21 to 43rd. I think we're able to get the money for 22 the rest of the project, so we might be able to do 23 all the way down to 30th Street this year. 24 In addition to that, we have a new 25 street coming in on Peter Street, between 32nd and  14 1 34th, Commissioner Fernandez has been working with 2 me on that project. We're also working on another 3 project on 21 to 35 Central Avenue, major 4 streetscape project, we're working on that. We 5 also have the uptown soccer field and small park 6 coming to 41st and Palisade Avenue. We just 7 received additional funding on that project last 8 week. 9 We have many different things going on, 10 many streets are being paved in the uptown area, 11 right in this neighborhood, right around here. 12 The library also, Commissioner Valdivia just 13 reminded me we're putting a brand new addition on 14 the library at 43rd and New York Avenue. So 15 there's a lot of activity taking place over the 16 next several years in this neighborhood. 17 Having said that, anyone wishing to 18 comment on the consent agenda that the clerk read 19 into the record, please step forward, state your 20 name and address for the record. This is just on 21 the consent items that we just read into the 22 agenda. If anything that's not related to this, 23 we'll take additional comment at the end of the 24 meeting. 25 MS. NDOYE: I did arrive a bit late, so  15 1 could I ask if I make a quick comment about the 2 PVSC resolution, this is the time to -- 3 MAYOR STACK: Sure. Just come over here 4 and stand over here. If you can just say your 5 name and address for the record. 6 MS. NDOYE: Absolutely. My name is 7 Elizabeth Ndoye. It is spelled N, as in Nathan, D 8 as in David, O-Y-E. I live at 235 Garden Street, 9 Hoboken. 10 Good evening, my name is Liz Ndoye, I'm 11 a resident of Hoboken and a member of the Hoboken 12 Democratic Committee and also the environmental 13 coalition, Don't Gas the Meadowlands. I'm here 14 tonight speaking in support of the residents of 15 the Ironbound and all of Newark. I'm urging the 16 Union City council to stop or help stop the 17 construction of the proposed Passaic Valley 18 Sewerage Authority natural gas power plant. This 19 project poses tremendous health risks for the 20 residents of the Ironbound, all the residents of 21 greater Newark, and all the residents of the 22 cities and municipalities in Essex and Hudson 23 Counties. Your great city has been repeatedly 24 dumped on by polluters, it's time to make it stop. 25 The PVSC plant will fill the area of  16 1 Hudson County with horrific odors right at the 2 door step of several daycare centers, schools, and 3 thousands of residents. The lives of Union City's 4 most vulnerable residents will be exposed to still 5 greater adverse environmental health risks if PVSC 6 is allowed to build this plant. The elderly, the 7 very young, expectant mothers, and the unborn and 8 the sick who are already facing life and death 9 issues will be further burdened by PVSC's plans. 10 While we acknowledge that PVSC has 11 worked with us, our environmental coalition, they 12 have not done enough. They're not seeking to use 13 a hybrid solution and they have not come up with a 14 clean energy plan. They need to completely and 15 thoroughly research and assess the use of multiple 16 technologies and storage innovation to create a 17 hybrid micro grid rather than relying on one 18 source of energy and fossil fuels to power their 19 plant. 20 Lives are at stake here and PVSC must 21 not be allowed to use natural gas and endanger the 22 security and wellbeing of your community. Senate 23 law S-232, the New Jersey environmental justice 24 law must be followed and abided by. Taxpayer 25 money must be used to protect our low income  17 1 residents and communities of color, not further 2 punish them. 3 We need PVSC to pull their application 4 for their air permit and commit to using only 5 clean energy for their proposed power plant. We 6 need you, the Union City Council, to save the 7 lives of your residents and improve the quality of 8 their lives. 9 I call on the Union City Council to do 10 the right thing and stand up for environmental 11 justice. People are dying and you have the power 12 to save their lives. Stop this unjust and 13 hazardous project. Please vote against it. 14 I'm proud to saw that my City of Hoboken 15 has passed a resolution against this plant and I 16 hope that Union City will do so as well tonight. 17 Thank you for your time and for allowing me to 18 speak. 19 MAYOR STACK: Thank you for coming to 20 the meeting. On behalf of the Commissioners and 21 myself, thank you. 22 MS. NDOYE: Thank you. 23 MAYOR STACK: Anyone else wishing to 24 speak at this time, please step forward, state 25 your name and address for the record.  18 1 Seeing none, I'll make a motion to close 2 and then I'll make a motion to approve all items 3 on the agenda, including the resolution that we 4 just spoke about. 5 MS. ROSARIO: Mayor will recuse on the 6 Chasan Leyner. 7 MAYOR STACK: And Lamporello. 8 MS. ROSARIO: Motion to close the public 9 comment by Mayor Stack. Second? 10 COMMISSIONER MARTINETTI: Second. 11 MS. ROSARIO: By Commissioner 12 Martinetti. 13 Roll call. Commissioner Fernandez. 14 COMMISSIONER FERNANDEZ: Yes, with the 15 exception of 28 pertains to the shared service 16 agreement with the Board of Education. Otherwise, 17 yes on everything. 18 MS. ROSARIO: Commissioner Valdivia. 19 COMMISSIONER VALDIVIA: Yes. 20 MR. AUTERI: Motion approve all items on 21 the consent agenda, moved by Mayor Stack. Second? 22 COMMISSIONER MARTINETTI: Second. 23 MS. ROSARIO: Commissioner Martinetti. 24 Roll call. 25 Commissioner Fernandez.  19 1 COMMISSIONER FERNANDEZ: Yes on 2 everything with the exception of number 28 as it 3 pertains to the shared services agreement between 4 the City of Union City and City of Union City 5 Board of Education. 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. Except on the matter 12 that I pointed out. 13 MS. ROSARIO: Right. 14 MAYOR STACK: And the resolution -- just 15 note for the record, the motion approving the 16 resolution for the PVSC was approved on this also. 17 MS. NDOYE: Thank you so much. 18 MAYOR STACK: Thank you for your time. 19 Thank you for coming to the meeting. 20 MS. NDOYE: I'm very impressed, thank 21 you. 22 MAYOR STACK: Thank you. 23 MS. NDOYE: Thank you, Union City. 24 25 (Whereupon, the Board discussed and took  20 1 action on the following items: 2 REGULAR AGENDA: 3 1. Resolution for introduction of the 4 amended budget 2021-2022.) 5 6 MS. ROSARIO: Next item on the agenda 7 would be regular agenda. Resolution for 8 introduction of the amended budget for 2021 9 through 2022. Motion to approve item one on the 10 regular agenda? 11 COMMISSIONER MARTINETTI: Motion. 12 MS. ROSARIO: Second? 13 COMMISSIONER VALDIVIA: Second. 14 MS. ROSARIO: Motion by Commissioner 15 Martinetti, second by Commissioner Valdivia. 16 Roll call. 17 COMMISSIONER FERNANDEZ: Yes. 18 MS. ROSARIO: Commissioner Valdivia. 19 COMMISSIONER VALDIVIA: Yes. 20 MS. ROSARIO: Commissioner Martinetti. 21 COMMISSIONER MARTINETTI: Yes. 22 MS. ROSARIO: Mayor Stack. 23 MAYOR STACK: Yes. 24 25 (Whereupon, the Board discussed and took  21 1 action on the following items: 2 REGULAR AGENDA: 3 2. Resolution for the payment of claims 4 to the Union City Board of Education.) 5 6 MS. ROSARIO: Next item on the agenda, 7 resolution for the payment of claims for the Union 8 City Board of Education. 9 MR. AUTERI: Ordinarily, Commissioner 10 Martinetti and Commissioner Valdivia would not 11 vote on Board of Ed matters, however, tonight the 12 Board is adopting the doctrine of necessity. 13 MS. ROSARIO: Motion by? 14 COMMISSIONER VALDIVIA: Motion. 15 MS. ROSARIO: Commissioner Valdivia. 16 COMMISSIONER MARTINETTI: Second. 17 MS. ROSARIO: Second by Commissioner 18 Martinetti. And Commissioner Fernandez is 19 recusing. 20 Roll call. Commissioner Valdivia. 21 COMMISSIONER VALDIVIA: Yes. 22 MR. AUTERI: Commissioner Martinetti. 23 COMMISSIONER MARTINETTI: Yes. 24 MS. ROSARIO: Mayor Stack. 25 MAYOR STACK: Yes.  22 1 2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 3 4 MS. ROSARIO: Mayor, at this time, would 5 you like to take public comment? 6 MAYOR STACK: Sure. Anyone wishing to 7 comment on any matter concerning municipal 8 government in the City of Union City, please step 9 forward, state your name and address for the 10 record? 11 MR. MARIN: Hello. 12 MAYOR STACK: Hi, how you doing? 13 MR. MARIN: My name is Rodrigo Marin, 14 M-A-R-I-N. My question is will the City be doing 15 anything for the trees this year, composting or 16 give it nutrients? Because this day and times, we 17 need our trees? 18 COMMISSIONER FERNANDEZ: Composting or 19 what -- 20 MR. MARIN: Composting is giving back to 21 mother earth that which it came from, like 22 vegetables -- 23 MAYOR STACK: Oh, we're doing that. We 24 actually have a group set up, Becky in City Hall, 25 the purchasing agent, is actually spearheading it.  23 1 We're putting several locations in the City, we're 2 doing that. Once we have the locations picked and 3 it's done, we'll notify the entire City about 4 where they are. 5 MR. MARIN: Okay. 6 MAYOR STACK: Yes, we're doing it. 7 We've been having meetings on this, in fact. If 8 you touch base with me, maybe like mid April, I'll 9 let you know that everything is resolved. 10 MR. MARIN: Okay, thank. 11 MAYOR STACK: You got it. Thank you, 12 Mr. Marin, thank very much. Thanks for coming to 13 the meeting. 14 Anyone else wishing to comment at this 15 time? Anyone else on any matter concerning the 16 municipal government in the City of Union City? 17 Seeing none. 18 MS. ROSARIO: Motion to close the public 19 comment portion of the meeting. 20 COMMISSIONER MARTINETTI: Second. 21 MS. ROSARIO: Commission Fernandez, 22 second by Commissioner Martinetti. 23 Roll call. Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Valdivia.  24 1 COMMISSIONER VALDIVIA: Yes. 2 MS. ROSARIO: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Yes. 6 7 LIQUOR LICENSE HEARINGS: 8 1. Variedad Latina, Inc. 9 T/a Variedad Latina Restaurant 10 4417 Bergenline Avenue 11 0910-33-031-012 12 13 2. 2216 Bergenline Avenue LLC 14 T/a Centro Bar 15 2216 Bergenline Avenue 16 0910-33-166-006 17 18 3. R.G. Enterprise Entertainment, Inc. 19 T/a Therapy Lounge 20 2803 Bergenline Avenue 21 0910-33-134-006 22 23 4. BSB Patel, Inc. 24 T/a Universal Liquors 25 2117 Bergenline Avenue  25 1 0910-32-195-003 2 3 MAYOR STACK: Greg, do you have hearings 4 on tonight? 5 MR. FARMER: They're all pleadings. 6 MAYOR STACK: Just give me one second, 7 please, before we start. 8 9 (A short break was taken.) 10 11 MAYOR STACK: I'm sorry, Mr. Farmer. 12 Thank you very much. 13 14 1. Variedad Latina, Inc. 15 T/a Variedad Latina Restaurant 16 2216 Bergenline Avenue 17 0910-33-031-012 18 (Eike Paneque, Esq.) 19 20 MR. FARMER: Okay. Good evening, Mayor 21 and members of the Board. We have four matters 22 for your consideration this evening. And the 23 first one is Variedad Latina. And that's at 4417 24 Bergenline Avenue. And the licensee is here this 25 evening along with their attorney, Mrs. Paneque.  26 1 We have previously had discussions with 2 Lieutenant Dunlay and myself and the licensee and 3 their attorney previous. And we have a 4 recommendation to make. And basically what this 5 is is that, as you know, we have the camera 6 ordinance that requires all the bars in town to 7 have cameras. And we have cameras that show the 8 front and the exit. And under the ordinance, 9 you're supposed to have 60 days of recording time. 10 In the event that something happens, the police 11 can come and get that. Periodically, the police 12 go out to see whether or not there's compliance 13 with that requirement of the ordinance. 14 A couple of the cases that you have on 15 this evening deal with precisely that. First of 16 all, Variedad Latina. The police went there, 17 found out they were only recording for 30 days, 18 not 60 days. And that's what that is. 19 We have had a kind of loose policy 20 dealing with these camera violations. The first 21 offense, we generally say ten days, we'll suspend 22 seven, you have to serve three. On a second 23 offense, it's 20 days; on the third offense, it's 24 30 days. So the philosophy is, here's the scheme, 25 here's a slap on the wrist, so to speak, for your  27 1 first offense. But if you don't learn from that, 2 you're going to have a graduating suspension 3 that's really going to hurt your business. And 4 that's what we're doing. 5 MAYOR STACK: Okay. And that's what the 6 recommendation is? 7 MR. FARMER: The recommendation is 8 ten days. 9 MAYOR STACK: Okay. 10 MR. FARMER: Seven suspended, three 11 served. And those days are April 18, 19, 20. 12 It's a Monday, Tuesday, and Wednesday. 13 MAYOR STACK: Very good. If you can 14 enter your appearance? 15 MS. PANEQUE: Eike Paneque, E-I-K-E 16 P-A-N-E-Q-U-E, for Variedad. Like Mr. Farmer 17 said, we spoke about the violation and that they 18 would suspend the seven days and they would serve 19 the three days. Obviously, it's a hardship for 20 them to close down and they asked if we could do 21 it a little bit later. But Mr. Farmer had said 22 that the Board wouldn't consider any later than 23 April. So we agreed upon April 18, 19, and 20. 24 MAYOR STACK: Very good. Motion for 25 ten days, suspended seven and they serve three,  28 1 right? 2 MR. FARMER: Yes. 3 MAYOR STACK: Okay. I'll make a motion. 4 MS. ROSARIO: Motion by Mayor Stack. 5 Second? 6 COMMISSIONER FERNANDEZ: Second. 7 MS. ROSARIO: Second by Commissioner 8 Fernandez. 9 Roll call. Commissioner Fernandez. 10 COMMISSIONER FERNANDEZ: Yes. 11 MS. ROSARIO: Commissioner Valdivia. 12 COMMISSIONER VALDIVIA: Yes. 13 MS. ROSARIO: Commissioner Martinetti. 14 COMMISSIONER MARTINETTI: Yes. 15 MS. ROSARIO: Mayor Stack. 16 MAYOR STACK: Yes. 17 18 19 20 21 22 23 24 25  29 1 2. 2216 Bergenline Avenue, LLC 2 T/a Centro Bar 3 2216 Bergenline Avenue 4 0910-33-166-006 5 (Eike Paneque, Esq.) 6 7 MR. FARMER: The next one is El Cobre, I 8 just received a letter from an attorney 9 representing them. So I would just ask that this 10 be carried to the next meeting. 11 MAYOR STACK: No problem at all. R.G. 12 Enterprise Entertainment, Therapy Lounge? 13 MR. FARMER: No. We're going to do -- 14 oh, Centro is the next one, I'm sorry, I'm looking 15 at my notes. 16 MAYOR STACK: So R.G. is on for the next 17 meeting? 18 LIEUTENANT DUNLAY: No, no, the only one 19 moving was El Cobre. 20 MR. FARMER: I was looking at my notes 21 rather than the agenda. 22 MAYOR STACK: So the next one is? 23 MR. FARMER: Centro bar, that's 2216 24 Bergenline Avenue. Ms. Paneque is representing 25 the licensee and the licensee is here.  30 1 MAYOR STACK: Okay. 2 MR. FARMER: This is like the other one, 3 where the police went out to check whether or not 4 there's compliance with storage of 60 days on the 5 cameras on the front and the back of the licensed 6 premises. They came across this particular 7 licensee, Centro Bar, and discovered that they 8 only had 11 days, okay. This is the second 9 offense for Centro Bar. They previously had an 10 offense where we suspended seven, exactly what we 11 did the last one, ten days, serve three, hold 12 seven abeyance. 13 So now they have the second, so they 14 have seven days, they have another 10 days for the 15 violation and another ten days that we said -- or 16 kind of came to a conclusion we would suspend. So 17 they would do 27 days, 17 they would serve. And 18 those days for the 17 are from April 2nd to 19 April -- May 2nd to May 18th. 20 MAYOR STACK: Okay. 21 LIEUTENANT DUNLAY: Just for Board, the 22 only reason why we're asking for May, they asked 23 for an extension as opposed to April, because it's 24 May instead of April. 25 MAYOR STACK: So it will be a 27 day  31 1 suspension, but it would be suspended down to 2 16 days? 3 LIEUTENANT DUNLAY: 17 and then ten 4 would be in abeyance for one license -- 5 MAYOR STACK: Can you just enter your 6 appearance for the record on this one? 7 MS. PANEQUE: Eike Paneque for Centro 8 Bar. It's a hardship for them to have to serve 9 the 17 days. We understand the violation, but I 10 know that Mr. Farmer and Sergeant Dunlay had said 11 that you wouldn't split it up. But I thought I 12 would ask the Board anyway, is there any way you 13 would consider splitting up the 17 days, allowing 14 them to serve them on not consecutive days, given 15 the impact it has on their business? 16 MAYOR STACK: How is the record at this 17 establishment? It's extensive. 18 MR. FARMER: The record of the 19 establishment? 20 LIEUTENANT DUNLAY: It's an extensive 21 history. 22 MAYOR STACK: Okay. I'll make a motion 23 to approve what Mr. Farmer has recommended. 24 MS. ROSARIO: Motion by Mayor Stack. 25 Second?  32 1 COMMISSIONER FERNANDEZ: Second. 2 MS. ROSARIO: By Commissioner Fernandez. 3 Roll call. Commissioner Fernandez. 4 COMMISSIONER FERNANDEZ: Yes. 5 MS. ROSARIO: Commissioner Valdivia. 6 COMMISSIONER VALDIVIA: Yes. 7 MS. ROSARIO: Commissioner Martinetti. 8 COMMISSIONER MARTINETTI: Yes. 9 MS. ROSARIO: Mayor Stack. 10 MAYOR STACK: Yes. 11 MR. FARMER: Okay. 12 MS. PANEQUE: Thank you. 13 MAYOR STACK: Thank you very much, 14 ma'am. 15 16 17 18 19 20 21 22 23 24 25  33 1 3. R.G. Enterprise Entertainment, Inc. 2 T/a Therapy Lounge 3 2803 Bergenline Avenue 4 0910-33-134-006 5 6 LIEUTENANT DUNLAY: Is Mr. Guzman here? 7 MR. GUZMAN: Yes. 8 MR. FARMER: I'm sorry, I didn't 9 recognize you. The next one is Therapy Lounge at 10 2803 Bergenline Avenue. Again, this is a 11 situation where the police went out to inspect 12 paperwork and compliance with the camera 13 ordinance. When they went to Mr. Guzman's 14 establishment, Therapy Lounge, they found that he 15 didn't have the E141A listing, he was missing one 16 employee, didn't have him listed. You may say 17 it's one employee, what's the big deal? The 18 important thing is that we really want to always 19 try, which is very difficult to do, to make sure 20 we know who the people are who working in the bars 21 in Union City. 22 So since it was only one person and he 23 rectified it, again, we had a conference, Mr. 24 Guzman, Lieutenant Dunlay, and myself, and we 25 would recommend to the board for a five day  34 1 suspension, all five days suspended on the 2 condition of no violation relative to the 3 ordinance for one year. 4 MAYOR STACK: Okay. Mr. Guzman, do you 5 understand what Mr. Farmer has represented? 6 MR. GUZMAN: Yes, sir. 7 MAYOR STACK: You are the owner of the 8 establishment? 9 MR. GUZMAN: Yes, sir. 10 MAYOR STACK: And your full name is? 11 MR. GUZMAN: Robert Guzman. 12 MAYOR STACK: Do you want an attorney 13 present, Mr. Guzman? 14 MR. GUZMAN: No, I'm okay. 15 MAYOR STACK: You understand what Mr. 16 Farmer has represented? 17 MR. GUZMAN: Yes. 18 MAYOR STACK: Okay. I'll make a motion 19 to approve. 20 COMMISSIONER MARTINETTI: Second. 21 MS. ROSARIO: Motion by Mayor Stack, 22 seconded by Commissioner Martinetti. 23 Roll call. Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Valdivia.  35 1 COMMISSIONER VALDIVIA: Yes. 2 MS. ROSARIO: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Yes. 6 Thank you very much, have a good 7 evening, Robert. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  36 1 4. BSB Patel, Inc. 2 T/a Universal Liquors 3 2117 Bergenline Avenue 4 0910-32-195-003 5 6 MR. FARMER: The last one on your agenda 7 is Universal Liquor at 2117 Bergenline Avenue in 8 Union City. This is a paper violation and 9 inspection. The books were not in order, really. 10 However, immediately after that inspection, the 11 licensee brought all the books in, they were all 12 perfect. All the I's dotted, T's crossed. And 13 what we did, we had a conference and they do not 14 have any kind of history or record. So that there 15 would be a plea to seven days, seven days 16 suspended on the condition of no other violation 17 at any time for a year. Can you put your name on 18 the record? 19 MR. PATEL: Ghanshyam Patel, 20 G-H-A-N-S-H-Y-A-M, last name is Patel, P-A-T-E-L. 21 MR. FARMER: Now, you heard what i just 22 said? 23 MR. PATEL: Yes, sir. All right. 24 MR. FARMER: Now, you're not here with a 25 lawyer, do you want to get a lawyer?  37 1 MR. PATEL: No, sir. 2 MR. FARMER: Okay. And have I or 3 Lieutenant Dunlay answered all your questions? 4 MR. PATEL: No, sir. 5 LIEUTENANT DUNLAY: Did we answer? Do 6 you have any questions right now? 7 MR. PATEL: No, sir. 8 LIEUTENANT DUNLAY: When we went over 9 the case, you were fine with the agreement? 10 MR. PATEL: Yes, sir. 11 MAYOR STACK: You sure you don't want an 12 attorney or anything, Jimmy? 13 MR. PATEL: No. 14 MAYOR STACK: You understood everything 15 Mr. Farmer and Lieutenant Dunlay just represented 16 to you? 17 MR. PATEL: Yes, sir. 18 MAYOR STACK: Okay. I'll make a motion 19 as per the recommendation. 20 COMMISSIONER VALDIVIA: Second. 21 MS. ROSARIO: Motion by Mayor Stack, 22 second by Commissioner Valdivia. 23 Roll call. Commissioner Fernandez. 24 COMMISSIONER FERNANDEZ: Yes. 25 MS. ROSARIO: Commissioner Valdivia.  38 1 COMMISSIONER VALDIVIA: Yes. 2 MS. ROSARIO: Commissioner Martinetti. 3 COMMISSIONER MARTINETTI: Yes. 4 MS. ROSARIO: Mayor Stack. 5 MAYOR STACK: Yes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  39 1 ADJOURNMENT: 2 3 MS. ROSARIO: Motion to adjourn? 4 COMMISSIONER VALDIVIA: Motion. 5 COMMISSIONER MARTINETTI: Second. 6 MS. ROSARIO: All in favor? 7 8 (Whereupon, all Commissioners indicated 9 in the affirmative.) 10 11 (Whereupon the meeting was adjourned at 12 7:35 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25  40 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  41 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