Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Jefferson Elementary School 3400 Palisade Avenue Union City, New Jersey January 7, 2014 Commencing at 7:01 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR MARYURY A. MARTINETTI, COMMISSIONER CELIN VALDIVIA, COMMISSIONER TILO E. RIVAS, COMMISSIONER M E M B E R S A B S E N T: LUCIO P. FERNANDEZ, COMMISSIONER A L S O P R E S E N T: LAURA M. MILLER, ACTING CITY CLERK SCARINCI HOLLENBECK BY: CHRISTINE M. VANEK, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 3 APPROVAL OF MINUTES 4 COMMUNICATION 5 ORDINANCES FOR HEARING AND ADOPTION 6,9 CONSENT AGENDA 11 REGULAR AGENDA 19 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 22 APPLICATION REGARDING LIQUOR LICENSE 23 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 26 ADJOURNMENT 34  3 1 (Whereupon, the Pledge of Allegiance was 2 said.) 3 4 ACTING CITY CLERK: This is a call to order 5 a Regular Public Meeting of the Union City Board 6 of Commissioners, being held on Tuesday, January 7 7th, 2014, at seven p.m., at Jefferson Elementary 8 School, 3400 Palisade Avenue, Union City, New 9 Jersey. 10 This meeting has been called in accordance 11 with Chapter 231, Public Law of 1975, the Open 12 Public Meetings Act. 13 Adequate notice of this meeting has been 14 provided as follows: Notice of this meeting 15 setting forth the time, date, location, and the 16 agenda, to the extent known, was forwarded to The 17 Jersey Journal, The Record and The Hudson 18 Reporter, has been posted on the bulletin board 19 in City Hall and has been made available to the 20 public in the office of the Municipal Clerk. 21 22 ROLL CALL: 23 24 ACTING CITY CLERK: May I have roll call 25 please?  4 1 Commissioner Fernandez? 2 Absent. 3 Commissioner Rivas? 4 COMMISSIONER RIVAS: Here. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Present. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Here. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. Present. 12 13 APPROVAL OF MINUTES: 14 15 ACTING CITY CLERK: The first item on the 16 agenda is the approval of previous meeting 17 minutes of the meeting of the Board of 18 Commissioners held on December 3rd, 2013. 19 Is there a motion to approve the minutes? 20 COMMISSIONER MARTINETTI: Motion. 21 MAYOR STACK: Motion. 22 Second. 23 COMMISSIONER MARTINETTI: Second. 24 ACTING CITY CLERK: Motion made by 25 Commissioner Martinetti.  5 1 Seconded by Mayor Stack. 2 Roll call. 3 Commissioner Rivas? 4 COMMISSIONER RIVAS: Abstain. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 13 COMMUNICATION: 14 15 1. Memoranda from Municipal Financial Officer 16 Regarding Results of the HCIA Bond Anticipation 17 Note Sale and Special Emergency Note Sale 18 19 ACTING CITY CLERK: Next on the agenda is 20 Communication consisting of Memoranda from 21 Municipal Financial Officer Regarding Results of 22 the HCIA Bond Anticipation Note Sale and Special 23 Emergency Note Sale. 24 This is a matter of information required to 25 be transmitted to the Commissioners and no action  6 1 needs to be taken. 2 3 ORDINANCES FOR HEARING AND ADOPTION 4 CONSIDERATION: 5 6 ( ) AN ORDINANCE ESTABLISHING REGISTRATION 7 REQUIREMENTS FOR VACANT AND ABANDONED PROPERTIES 8 9 ACTING CITY CLERK: The next item before 10 the Board are two Ordinances for Hearing and 11 Adoption Consideration. 12 The first is an Ordinance Establishing 13 Registration Requirements for Vacant and 14 Abandoned Properties. 15 MAYOR STACK: Christine, you want to just 16 state for the record what this does? 17 MS. VANEK: Sure. 18 Mayor, this Ordinance was drafted in order 19 to ensure that properties that are vacant are -- 20 remain safe and remain up to Code. 21 We’ve had numerous problems where the Code 22 has not been maintained, buildings start to fall 23 down and we can’t find the owner. 24 So this requires the owners of the vacant 25 properties to register within 60 days with the  7 1 Rent Control Administrator. They must provide 2 the name and address of a person who can be 3 served with process, served with municipal 4 summonses. 5 It also provides for municipal inspection 6 of those properties within a certain period of 7 time after vacancy so that we can make sure that 8 we notify the owner of Code violations. 9 The owner also has to post a sign on the 10 building identifying who the -- the responsible 11 party would be for maintaining the building so 12 that the public, as well as the City, knows of 13 the information. 14 The Ordinance also provides for a 15 registration fee each year. It begins at $500.00 16 per year for the vacant property and graduates to 17 $5,000.00. 18 It also provides for offenses to be set by 19 the municipal court between the range of $500.00 20 and $2,000.00 for each violation. And for each 21 day that there’s a violation they can impose 22 those separate penalties. 23 MAYOR STACK: Anyone wishing to comment on 24 this Ordinance at this time please step forward. 25 Seeing none.  8 1 ACTING CITY CLERK: Motion to close the 2 public hearing made by Mayor Stack. 3 COMMISSIONER VALDIVIA: Second. 4 ACTING CITY CLERK: Second by Commissioner 5 Valdivia. 6 Roll call. 7 Commissioner Rivas? 8 COMMISSIONER RIVAS: Yes. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 ACTING CITY CLERK: Is there a motion to 17 adopt the Ordinance? 18 MAYOR STACK: Motion. 19 ACTING CITY CLERK: Motion by Mayor Stack. 20 COMMISSIONER MARTINETTI: Second. 21 ACTING CITY CLERK: Seconded by 22 Commissioner Martinetti. 23 Roll call. 24 Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  9 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: Yes. 6 ACTING CITY CLERK: Mayor Stack? 7 MAYOR STACK: Yes. 8 9 ORDINANCES FOR HEARING AND ADOPTION 10 CONSIDERATION: 11 12 ( ) AN ORDINANCE STAYING ENFORCEMENT OF 13 RESTRICTED RESIDENTIAL PERMIT PARKING PROGRAM 14 15 ACTING CITY CLERK: The second Ordinance 16 for Consideration is an Ordinance Staying 17 Enforcement of Restricted Residential Permit 18 Parking Program. 19 MAYOR STACK: This would hold it off until 20 enforcement for July 1st, right, for the public? 21 MS. VANEK: Correct, Mayor. 22 MAYOR STACK: Anyone wishing to comment on 23 this Ordinance at this time please step forward, 24 state your name and address for the record. 25 Seeing none.  10 1 ACTING CITY CLERK: Motion to close the 2 public hearing made by Mayor Stack. 3 COMMISSIONER RIVAS: Second. 4 ACTING CITY CLERK: Second by Commissioner 5 Rivas. 6 Roll call. 7 Commissioner Rivas? 8 COMMISSIONER RIVAS: Yes. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 ACTING CITY CLERK: Is there a motion to 17 adopt the Ordinance? 18 MAYOR STACK: Motion. 19 ACTING CITY CLERK: Motion by Mayor Stack. 20 COMMISSIONER RIVAS: Second. 21 ACTING CITY CLERK: Second by Commissioner 22 Rivas. 23 Roll call. 24 Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  11 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: Yes. 6 ACTING CITY CLERK: Mayor Stack? 7 MAYOR STACK: Yes. 8 9 CONSENT AGENDA: 10 11 ( 1) Resolution Approving the Payment of Claims 12 ( 2) Resolution Approving the Payment of 13 Concurring Claims 14 ( 3) Resolution Approving the City Payroll for 15 the Period of December 17, 2013 through December 16 30, 2013 17 ( 4) Resolution Approving the Library Payroll 18 for the Period of December 17, 2013 through 19 December 30, 2013 20 ( 5) Resolution Approving the Redevelopment 21 Agency Payroll for the Period of December 17, 22 2013 through December 30, 2013 23 ( 6) Resolution Authorizing Amendment to 24 Contract for Accounting Services 25 ( 7) Resolution Clarifying Appointments to the  12 1 Union City Planning Board 2 ( 8) Resolution Amending Contract for Legal 3 Services to Whipple Azzarello, LLC 4 ( 9) Resolution Designating January 11 of Each 5 Year as “Human Trafficking Awareness Day” and 6 January of Each Year as “Human Trafficking 7 Awareness Month” 8 (10) Resolution Awarding Contracts to BSN 9 Sports/US Games and Stan’s Sports Center, Inc. 10 for Wrestling Supplies and Equipment 11 (11) Resolution Awarding a Contract to Jedstock, 12 Inc. for 48 Gallon Black Powder Coated Mesh 13 Weatherproof Outdoor Receptacles 14 (12) Resolution Authorizing the Refund of 15 Premium Monies Collected at the Tax Sale 16 (13) Resolution Authorizing the Refund of 17 Redemption Monies to Outside Lienholders 18 (14) Resolution Authorizing the Refund of a Tax 19 Appeal Issued by the Tax Court of New Jersey 20 (15) Resolution Authorizing the Refund of a Tax 21 Appeal Issued by the Hudson County Board of 22 Taxation 23 (16) Resolution Authorizing the Refund of a 24 Duplicate Payment 25 (17) Resolution Authorizing the Refund of Senior  13 1 Citizen Deductions 2 (18) Any other matter of City business that may 3 arise 4 5 ACTING CITY CLERK: Next before the Board 6 is the Consent Agenda. These are items which can 7 be approved by one vote. 8 There are 17 items on tonight’s Consent 9 Agenda. 10 COMMISSIONER RIVAS: Don’t close it. 11 I’m sorry. 12 ACTING CITY CLERK: That’s okay. 13 COMMISSIONER RIVAS: Sorry. I’m sorry. 14 ACTING CITY CLERK: Perfectly okay. 15 Number one. 16 Resolution Approving the Payment of Claims. 17 Number two. 18 Resolution Approving the Payment of 19 Concurring Claims. 20 Number three. 21 Resolution Approving the City Payroll for 22 the Period of December 17th, 2013 through December 23 30th, 2013. 24 Number four. 25 Resolution Approving the Library Payroll  14 th 1 for the Period of December 17 , 2013 through 2 December 30th, 2013. 3 Number five. 4 Resolution Approving the Redevelopment 5 Agency Payroll for the Period of December 17 th, 6 2013 through December 30th, 2013. 7 Number six. 8 Resolution Authorizing Amendment to 9 Contract for Accounting Services. 10 Number seven. 11 Resolution Clarifying Appointments to the 12 Union City Planning Board. 13 Number eight. 14 Resolution Amending Contract for Legal 15 Services to Whipple Azzarello, LLC. 16 Number nine. 17 Resolution Designating January 11 of Each 18 Year as Human Trafficking Awareness Day and 19 January of Each Year as Human Trafficking 20 Awareness Month. 21 Number ten. 22 Resolution Awarding Contracts to BSN 23 Sports/US Games and Stan’s Sports Center, 24 Incorporated for Wrestling Supplies and 25 Equipment.  15 1 Number 11. 2 Resolution Awarding a Contract to Jedstock, 3 Incorporated for 48 Gallon Black Powder Coated 4 Mesh Weatherproof Outdoor Receptacles. 5 Number 12. 6 Resolution Authorizing the Refund of 7 Premium Monies Collected at the Tax Sale. 8 Number 13. 9 Resolution Authorizing the Refund of 10 Redemption Monies to Outside Lienholders. 11 Number 14. 12 Resolution Authorizing the Refund of a Tax 13 Appeal Issued by the Tax Court of New Jersey. 14 Number 15. 15 Resolution Authorizing the Refund of a Tax 16 Appeal Issued by the Hudson County Board of 17 Taxation. 18 Number 16. 19 Resolution Authorizing the Refund of a 20 Duplicate Payment. 21 And number 17. 22 Resolution Authorizing the Refund of Senior 23 Citizen Deductions. 24 Does the Mayor wish to take public comment 25 on any items on the Consent Agenda?  16 1 MAYOR STACK: Anyone wishing to comment on 2 the Consent Agenda, please step forward, state 3 your name and address for the record. 4 MS. DILLON: Over by Miss Vanek, Mr. Price. 5 MAYOR STACK: Yeah. 6 MS. DILLON: Right there. 7 MR. PRICE: Larry Price, 1006 Palisade 8 Avenue. 9 Question on item number seven. 10 What are the Clarifying Appointments to the 11 Planning Board? 12 MAYOR STACK: Christine? 13 MS. VANEK: Sure. 14 The Resolution clarifies the terms as to 15 certain Board members. 16 If you want specific names; Planning Board 17 members Jay Shah, Carolina Fernandez, Julio 18 Fernandini and Franklin Medina were appointed to 19 five-year terms, ending on July 1, 2017. 20 And the terms, pursuant to statute, should 21 have been noted as four year terms. 22 So that’s just amended to expire in 2016. 23 MR. PRICE: Yeah, okay. 24 MS. VANEK: Same thing with respect to the 25 alternate Planning Board members Jeanne Koehler  17 1 and Jose Guareno and their terms ended August 2 15th, 2013 and they are reappointed as of that 3 date. 4 MR. PRICE: To? 5 MS. VANEK: Alternates. On the Planning 6 Board. 7 MR. PRICE: Alternate but to four-year 8 terms? 9 MS. VANEK: The alternate Planning Board 10 members get two-year terms. 11 MR. PRICE: To two-year terms. 12 MS. VANEK: Um-hum. 13 MR. PRICE: Okay. 14 Thank you. 15 MAYOR STACK: Anyone else on the Consent 16 Agenda? 17 Seeing no other. 18 ACTING CITY CLERK: Motion to close the 19 public comment on the Consent Agenda -- 20 COMMISSIONER RIVAS: Second. 21 ACTING CITY CLERK: -- made by Mayor Stack. 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: Seconded by 24 Commissioner Rivas. 25 Roll call.  18 1 Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia? 4 COMMISSIONER VALDIVIA: Yes. 5 ACTING CITY CLERK: Commissioner 6 Martinetti? 7 COMMISSIONER MARTINETTI: Yes. 8 ACTING CITY CLERK: Mayor Stack? 9 MAYOR STACK: Yes. 10 ACTING CITY CLERK: Is there a motion to 11 approve all items on the Consent Agenda? 12 MAYOR STACK: Motion. 13 ACTING CITY CLERK: Motion by Mayor Stack. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Second by Commissioner 16 Valdivia. 17 Roll call. 18 Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 COMMISSIONER MARTINETTI: Yes. 25 ACTING CITY CLERK: Mayor Stack?  19 1 MAYOR STACK: Yes. 2 3 REGULAR AGENDA: 4 5 ( 1) Resolution Authorizing Lease of the Ronald 6 A. Dario Pool Complex to the Union City Board of 7 Education 8 ( 2) Resolution Authorizing Shared Services 9 Agreement with the Union City Board of Education 10 for Crossing Guards 11 ( 3) Resolution Authorizing Submission of Grant 12 Application for the Improvement of Ellsworth Park 13 to the County of Hudson 14 ( 4) Any other matter of city business that may 15 arise 16 17 ACTING CITY CLERK: Next for this evening 18 is the Regular Agenda. 19 The first item on the Regular Agenda is a 20 Resolution Authorizing Lease of the Ronald A. 21 Dario Pool Complex to the Union City Board of 22 Education. 23 MS. VANEK: Mayor, for the record we would 24 typically recommend that Commissioners Martinetti 25 and Valdivia recuse from this matter.  20 1 However, under the doctrine of necessity we 2 would request that Commissioner Valdivia vote on 3 item number 1 and 2. 4 MAYOR STACK: I’ll move it. 5 ACTING CITY CLERK: All right, motion to 6 approve item 1 on the Regular Agenda made by 7 Mayor Stack. 8 COMMISSIONER RIVAS: I second. 9 ACTING CITY CLERK: Seconded by 10 Commissioner Valdivia (sic). 11 Roll call. 12 Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti; recusing? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 ACTING CITY CLERK: The second item on the 22 Regular Agenda is a Resolution Authorizing Shared 23 Services Agreement with the Union City Board of 24 Education for Crossing Guards. 25 MS. VANEK: Again, Mayor, Commissioner  21 1 Martinetti should recuse on this item. 2 MAYOR STACK: I’ll move it. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 COMMISSIONER RIVAS: Second. 6 ACTING CITY CLERK: Seconded by 7 Commissioner Rivas. 8 Roll call. 9 Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti; recusing. 15 Mayor Stack? 16 MAYOR STACK: Yes. 17 ACTING CITY CLERK: Third item on the 18 Regular Agenda is a Resolution Authorizing 19 Submission of Grant Application for the 20 Improvement of Ellsworth Park to the County of 21 Hudson. 22 MS. VANEK: Mayor, for the record, we 23 recommend that Commissioner Rivas recuse himself 24 from this item. 25 MAYOR STACK: I’ll move it.  22 1 COMMISSIONER MARTINETTI: Second. 2 ACTING CITY CLERK: Motion made by Mayor 3 Stack. 4 Seconded by Commissioner Martinetti. 5 Roll call. 6 Commissioner Rivas; recusing. 7 Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 16 17 ACTING CITY CLERK: Next on the agenda is 18 an Opportunity for Citizens to Address the Board. 19 MAYOR STACK: Anyone wishing to address the 20 Board at this time please step forward, state 21 your name and address for the record. 22 Seeing none. 23 ACTING CITY CLERK: Motion to close the 24 public comment portion of the meeting made by 25 Mayor Stack.  23 1 COMMISSIONER MARTINETTI: Second. 2 ACTING CITY CLERK: Seconded by 3 Commissioner Martinetti. 4 Roll call. 5 Commissioner Rivas? 6 COMMISSIONER RIVAS: Yes. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 15 APPLICATION REGARDING LIQUOR LICENSE 16 #0901-43-079-007 FOR A PLACE TO PLACE TRANSFER 17 (FROM A POCKET LICENSE TO 2817 BERGENLINE AVENUE) 18 AND A PERSON TO PERSON TRANSFER (FROM OSMARA 19 PANEQUE TO LOS PRECIOS CORP.) 20 21 ACTING CITY CLERK: Next before the Board 22 is an Application Regarding Liquor License number 23 0901-43-079-007 for a Place to Place Transfer 24 from a Pocket License to 2817 Bergenline Avenue 25 and a Person to Person Transfer from Osmara  24 1 Paneque to Los Precios Corporation. 2 MS. VANEK: Mayor, with respect to this 3 application we received a request for an 4 adjournment from an attorney who’s representing 5 an objector. He had just a personal scheduling 6 conflict. And the applicant consented to an 7 application to adjourn this matter to the next 8 meeting, which would be January 21 st. 9 MAYOR STACK: Great. 10 ACTING CITY CLERK: Is there a motion to 11 adjourn? 12 MAYOR STACK: Motion. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 COMMISSIONER MARTINETTI: Second. 16 ACTING CITY CLERK: Seconded by 17 Commissioner Martinetti. 18 Roll call. 19 Commissioner Rivas? 20 COMMISSIONER RIVAS: Yes. 21 ACTING CITY CLERK: Commissioner Valdivia? 22 COMMISSIONER VALDIVIA: Yes. 23 ACTING CITY CLERK: Commissioner 24 Martinetti? 25 COMMISSIONER MARTINETTI: Yes.  25 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  26 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. RG Enterprise Entertainment t/a Therapy 4 Lounge, 2803 Bergenline Avenue 5 2. Plaza Espana, Inc. t/a La Plaza Hispana 6 Restaurant Y Bar 7 3. LAR Corp. t/a La Roca Corp., 2115 West 8 Street 9 4. El Chapin Corp. t/a El Rincon Chapin, 2118 10 Bergenline Avenue 11 5. La Jor Per Corp. t/a California Café, 2002 12 Bergenline Avenue 13 14 ACTING CITY CLERK: The final item on the 15 agenda tonight are five Liquor License 16 Disciplinary Proceedings. 17 The first proceeding is in the matter of RG 18 Enterprise Entertainment trading as Therapy 19 Lounge, 2803 Bergenline Avenue. 20 MR. FARMER: Good evening, Mayor and Board. 21 If I might just address the schedule as 22 license listed in reverse order. 23 24 LA JOR PER CORP., t/a CALIFORNIA CAFÉ, 2002 25 Bergenline Avenue:  27 1 MR. FARMER: I’d like to take first 2 California Bar. The licensee is here this 3 evening. 4 Please, step up here and put your name and 5 address right -- 6 MR. DIAZ: My name’s Peter Diaz; it’s for 7 2002 Bergenline Avenue. 8 MS. DILLON: I’m sorry; I didn’t get your 9 name. 10 MR. DIAZ: Peter Diaz. 11 MS. DILLON: Peter Diaz? 12 MR. DIAZ: Yes. 13 MR. FARMER: This is a situation which was 14 a fight. An incident occurred where somebody -- 15 a woman struck a man, knocked him to the ground 16 and when the Police came they asked for some of 17 the paper requirements that licensees have to 18 have on the premises available at all time and 19 the licensee didn’t have those. 20 However, to his benefit and -- the next day 21 he produced everything and he had everything. So 22 all the paper was in -- 23 But he had an incident that occurred there 24 and it was a fight. And he and I have talked 25 about it and come to an agreement and a proposal  28 1 to be offered to the Board, which would be a five 2 day suspension. That would be Monday through 3 Friday. 4 And indeed they gave me the dates, which 5 would be the 19th through the 23rd. 6 And I would -- and there’s really no past 7 history on this bar. 8 MAYOR STACK: Are you in agreement, sir, 9 with everything that Mr. Farmer stated? 10 MR. DIAZ: Yes. 11 MAYOR STACK: You do. Okay. 12 You had time to consult an attorney? 13 MR. DIAZ: No, I didn’t. 14 MAYOR STACK: Oh. 15 Do you want to consult an attorney? 16 MR. DIAZ: No. 17 MAYOR STACK: No? 18 And you’re okay with the terms of this? 19 MR. DIAZ: Absolutely. 20 MAYOR STACK: Okay. 21 I’ll make a motion to approve. 22 ACTING CITY CLERK: Motion made by Mayor 23 Stack. 24 COMMISSIONER MARTINETTI: Second. 25 COMMISSIONER VALDIVIA: Second.  29 1 ACTING CITY CLERK: Second by Commissioner 2 Valdivia. 3 Roll call. 4 Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 COMMISSIONER MARTINETTI: Yes. 11 ACTING CITY CLERK: Mayor Stack? 12 MAYOR STACK: Yes. 13 Thank you very much. 14 Thank you. 15 * * * 16 17 18 19 20 21 22 23 24 25  30 1 EL CHAPIN CORP. t/a EL RINCON CHAPIN, 2118 2 Bergenline Avenue; 3 LAR CORP. t/a LA ROCA CORP., 2115 West Street; 4 and 5 PLAZA ESPANA, INC. t/a LA PLAZA HISPANA 6 RESTAURANT Y BAR: 7 8 MR. FARMER: The next one is El Rincon 9 Chapin. 10 Four, three and two are matters that just 11 recently happened and I put them on the calendar 12 just to get some movement because I was away a 13 little bit in December. 14 But Chapin, although it has been here in 15 the past, was served with a notice to appear here 16 tonight and the police officer’s here who did 17 serve them and for some reason they’re not here. 18 They’ve -- 19 MAYOR STACK: This is the first time that 20 they’re on? 21 MR. FARMER: Yeah. It’s the first time 22 it’s on and they’ve always, whenever they’ve had 23 trouble, have always appeared with an attorney. 24 MAYOR STACK: Okay. 25 MR. FARMER: So I was surprised that they  31 1 didn’t -- they weren’t here. 2 So I’d ask that that one be adjourned till 3 the 21st; along with two and three. Because I 4 just got letters from Mr. Diaz concerning La 5 Roca -- and this is a first listing -- asking for 6 an adjournment. 7 And the same with Mr. Sarsano with Plaza 8 Espana. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  32 1 RG ENTERPRISE ENTERTAINMENT t/a THERAPY LOUNGE, 2 2803 Bergenline Avenue: 3 4 MR. FARMER: With the top one, Therapy, it 5 appears that Mr. Guzman isn’t here. I had a 6 conversation with him where we postponed it from 7 December to I thought today but indicated to me I 8 said the 21st. 9 But more importantly I had an opportunity 10 to speak to the attorney, Mario Blanch who 11 represents him, who was here this evening and I 12 think we may be on our way to negotiating a 13 resolution. 14 But this one -- Therapy and Manhattan are 15 things that I’d like to talk to the Board about 16 with respect to how to handle them because many 17 -- the same thing with noise complaints. 18 I think noise complaints are better served 19 at time of renewal, as opposed to during the 20 licensing period where we have to deal with them 21 in an adversarial way and affirmatively show that 22 they did something that requires us to suspend 23 the license. 24 As opposed to when renewal comes around and 25 they come to us and they say let us continue and  33 1 at that moment in time we can look at police 2 responses and things like -- 3 MAYOR STACK: Right. 4 MR. FARMER: Maybe would not have enough 5 sufficiency to lead to a conviction in a 6 disciplinary proceeding but could be a way of 7 questioning whether or not the license should be 8 renewed or renewed with certain conditions. 9 MAYOR STACK: Okay. 10 MR. FARMER: So I’d like to try to handle 11 those things that way. 12 MAYOR STACK: Great. 13 MR. FARMER: And I think that’s it. 14 MAYOR STACK: Great. 15 Thank you, Mr. Farmer. 16 MR. FARMER: Okay? 17 Thank you. 18 ACTING CITY CLERK: So, is there a motion 19 to adjourn the proceeding -- 20 MR. FARMER: One through four. 21 ACTING CITY CLERK: -- all one through four 22 to January 21st? 23 MAYOR STACK: Yes. 24 ACTING CITY CLERK: All right. 25 Is there a motion?  34 1 MAYOR STACK: Motion. 2 COMMISSIONER MARTINETTI: Motion. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 COMMISSIONER MARTINETTI: Second. 6 ACTING CITY CLERK: Second by Commissioner 7 Martinetti. 8 Roll call. 9 Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 19 ADJOURNMENT: 20 21 ACTING CITY CLERK: There being no further 22 items before the Board of Commissioners, is there 23 a motion to adjourn? 24 COMMISSIONER MARTINETTI: Motion. 25 ACTING CITY CLERK: Motion by Commissioner  35 1 Martinetti. 2 MAYOR STACK: Second. 3 ACTING CITY CLERK: Seconded by Mayor 4 Stack. 5 Roll call. 6 Commissioner Rivas? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 ACTING CITY CLERK: The meeting’s hereby 16 adjourned. 17 MAYOR STACK: Thank you. 18 19 (Whereupon, the proceedings were concluded 20 at 7:18 p.m.) 21 22 23 24 25  36 1 ________________________ Brian P. Stack 2 ________________________ Maryury A. Martinetti 3 ________________________ Celin Valdivia 4 ________________________ Tilo E. Rivas 5 Board of Commissioners 6 7 Attest: 8 Laura M. Miller, 9 Acting City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  37 1 STATE OF NEW JERSEY: 2 : 3 COUNTY OF ESSEX : 4 5 I, KAREN A. MARINO, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY BOARD OF COMMISSIONERS, 9 held on Tuesday, January 7, 2014, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon