Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : : PROCEEDINGS : Roosevelt School 4507 Hudson Avenue Union City, New Jersey Thursday, January 23, 2014 Commencing at 6:00 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER CELIN VALDIVIA, COMMISSIONER M E M B E R S A B S E N T: TILO E. RIVAS, 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. Alcohol Beverage Control Commission  2 A P P E A R A N C E S: ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Los Precios Corporation IVAN PANEQUE, ESQ., Attorney for Osmara Paneque MARY KHELLAH, ESQ., Appearing on behalf of George B. Campen, Esq. Attorney for Ravi Varma  3 I N D E X PAGE CALL TO ORDER 4 SALUTE TO FLAG 4 ROLL CALL 4 APPROVAL OF PREVIOUS MEETING MINUTES 5 CONSENT AGENDA 6 ORDINANCE(S) FOR INTRODUCTION 13,15 REGULAR AGENDA 16 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 22 APPLICATION REGARDING LIQUOR LICENSE #0901-43-079-007 24 EXECUTIVE SESSION 47 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 53 ADJOURNMENT 67  4 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 Thursday, January 7 23rd, 2014, at six p.m., at Roosevelt School, 8 4507 Hudson Avenue, Union City, New Jersey. 9 This meeting has been called in accordance 10 with Chapter 231, Public Law of 1975, the Open 11 Public Meetings Act. 12 Adequate notice of this meeting has been 13 provided as follows: 14 Notice of this meeting setting forth the 15 time, date, location, and the agenda to the 16 extent known was forwarded to The Jersey Journal, 17 The Record, and The Hudson Reporter, has been 18 posted on the bulletin board in City Hall, and 19 has been made available to the public in the 20 Office of the Municipal Clerk. 21 22 ROLL CALL: 23 24 ACTING CITY CLERK: Roll call for this 25 evening, please.  5 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Here. 3 ACTING CITY CLERK: Commissioner Rivas is 4 absent. 5 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: Here. 12 13 APPROVAL OF PREVIOUS MEETING MINUTES: 14 15 ACTING CITY CLERK: The first item on the 16 agenda is the approval of previous meeting 17 minutes of the Board of Commissioners Meetings 18 held on December 17th, 2013 and January 7, 2014. 19 Is there a motion to approve -- 20 MAYOR STACK: Motion. 21 ACTING CITY CLERK: -- both sets of 22 minutes? 23 Motion made by -- 24 COMMISSIONER MARTINETTI: Second. 25 ACTING CITY CLERK: -- Mayor Stack.  6 1 Seconded by Commissioner Martinetti. 2 Second for this evening is the Consent 3 Agenda. These are items -- 4 MS. DILLON: Roll call. 5 MS. VANEK: I’m sorry, we need the roll 6 call. 7 MAYOR STACK: We don’t have to vote on 8 that? 9 We have to vote on that. 10 ACTING CITY CLERK: Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes on December 13 17th, and I recuse on January 7th. Otherwise, 14 yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: Yes. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 23 CONSENT AGENDA: 24 25 ( 1) Resolution Approving the Payment of Claims  7 1 ( 2) Resolution Approving the Payment of 2 Concurring Claims 3 ( 3) Resolution Approving the City Payroll for 4 the Period of December 31, 2013 through January 5 13, 2014 6 ( 4) Resolution Approving the Library Payroll 7 for the Period of December 31, 2013 through 8 January 13, 2014 9 ( 5) Resolution Ratifying the Creation of the 10 North Bergen (sic) Regional Council of Mayors and 11 the City of Union City’s Participation Therein 12 Nunc Pro Tunc Since 1973 13 ( 6) Resolution Ratifying License Agreement with 14 the New Jersey Schools Development Authority 15 ( 7) Resolution Confirming Disciplinary Action 16 against Liquor License No. 0910-33-021-008 held 17 by La Jor Per Corp. t/a California Café 18 Restaurant, 2002 Bergenline Avenue 19 ( 8) Resolution Approving Amendment to the 20 Contracts with BSN Sports and Stan’s Sport Center 21 Inc., for Wrestling Equipment 22 ( 9) Resolution Amending Settlement in Workers’ 23 Compensation Matters Involving Michelle Strich 24 (10) Resolution Approving Shared Services 25 Agreement with West New York for Health Officer  8 1 Services 2 (11) Resolution Urging the State of New Jersey 3 and the New Jersey Turnpike Authority Not to 4 Privatize Toll Worker Jobs 5 (12) Resolution Authorizing the Refund of 6 Premium Monies Collected at the Tax Sale 7 (13) Resolution Authoring Refund of Redemption 8 Monies to Outside Lienholders 9 (14) Resolution Cancelling Taxes on Abated 10 Property 11 (15) Resolution Authorizing the Refund of an 12 Overbill for 2013 Taxes 13 (16) Any other matter of City business that may 14 arise 15 16 ACTING CITY CLERK: Next is a Consent 17 Agenda. These are items which could be approved 18 by one vote. 19 There are 15 items on the Consent Agenda 20 for the Board’s consideration tonight. They are 21 as follows: 22 Number 1. 23 Resolution approving the payment of claims. 24 Number 2. 25 Resolution approving the payment of  9 1 concurring claims. 2 Number 3. 3 Resolution approving the City payroll for 4 the period of December 31st, 2013 through January 5 13, 2014. 6 Number 4. 7 Resolution approving the library payroll 8 for the period of December 31 st, 2013 through 9 January 13th, 2014. 10 Number 5. 11 Resolution ratifying the creation of the 12 North Bergen (sic) Regional Council of Mayors and 13 the City of Union City’s participation therein, 14 Nunc Pro Tunc, since 1973. 15 Number 6. 16 Resolution -- 17 MAYOR STACK: That should read -- that 18 should read North Hudson. 19 ACTING CITY CLERK: North Hudson -- 20 MAYOR STACK: North Hudson Regional Council 21 of Mayors. 22 Isn’t that, Christine? 23 MS. VANEK: Yes. I’ll verify it. 24 ACTING CITY CLERK: The Resolution -- 25 I checked the draft Resolution, and it did  10 1 say North Bergen. So, I copied it from the draft 2 Resolution. 3 MAYOR STACK: There’s no such thing, 4 though, as North Bergen. 5 ACTING CITY CLERK: Okay. Let the record 6 reflect -- 7 MAYOR STACK: It’s North Hudson. 8 ACTING CITY CLERK: -- North Hudson. 9 Number 6. 10 Resolution ratifying license agreement with 11 the New Jersey Schools Development Authority. 12 Number 7. 13 Resolution confirming disciplinary action 14 against liquor license number 0910-33-021-008 15 held by La Jor Per Corp., trading as California 16 Café Restaurant, 2002 Bergenline Avenue. 17 Number 8. 18 Resolution approving amendment to the 19 contract with BSN Sports and Stan’s Sport Center, 20 Incorporated, for wrestling equipment. 21 Number 9. 22 Resolution amending settlement in Workers’ 23 compensation matters involving Michelle Strich. 24 Number 10. 25 Resolution approving shared services  11 1 agreement with West New York for Health Officer 2 Services. 3 Number 11. 4 Resolution urging the State of New Jersey 5 and the New Jersey Turnpike Authority not to 6 privatize toll worker jobs. 7 Number 12. 8 Resolution authorizing the refund of 9 premium monies collected at the tax sale. 10 Number 13. 11 Resolution authorizing refund of redemption 12 monies to outside lienholders. 13 Number 14. 14 Resolution cancelling taxes on abated 15 property. 16 And number 15. 17 Resolution authoring the refund of an 18 overbill for 2013 taxes. 19 MAYOR STACK: Anyone wishing to comment on 20 the Consent Agenda, please step forward. State 21 your name and address, for the record. 22 Seeing none. 23 ACTING CITY CLERK: Motion to close public 24 comment made by Mayor Stack. 25 COMMISSIONER MARTINETTI: Second.  12 1 ACTING CITY CLERK: Seconded by 2 Commissioner Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes, with the 6 exception to number 2, in respect to the 7 Redevelopment Agency. 8 Otherwise, 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 approve all items on the Consent Agenda? 18 COMMISSIONER VALDIVIA: Motion. 19 ACTING CITY CLERK: Motion by Commissioner 20 Valdivia. 21 COMMISSIONER MARTINETTI: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Martinetti. 24 Roll call. 25 Commissioner Fernandez?  13 1 COMMISSIONER FERNANDEZ: Yes. Again, 2 except for number 2, as it pertains to the 3 Redevelopment Agency. 4 Otherwise, yes. 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 ORDINANCE(S) FOR INTRODUCTION 14 15 ( 1) An Ordinance Amending Chapter 155 of the 16 Code of Union City Entitled “Fees” 17 ( 2) An Ordinance Amending the Parking 18 Provisions of Section 223 of the City Code to 19 Permit Parking in Certain Required Front Yards 20 21 ACTING CITY CLERK: Next on the agenda are 22 Ordinances for Introduction. 23 There are two Ordinances for Introduction 24 this evening. 25 Ordinance for introduction number 1 will be  14 1 further considered at a meeting of the Board of 2 Commissioners to be held February 4th, 2014 at 3 Washington School, 3905 New York Avenue, Union 4 City, New Jersey. 5 Ordinance for introduction number 2 will be 6 further considered at a meeting of the Board of 7 Commissioners to be held March 18th, 2014, at the 8 Union City High School, 2500 Kennedy Boulevard, 9 Union City, New Jersey. 10 Ordinance for Introduction Number 1 is an 11 Ordinance Amending Chapter 155 of the Code of 12 Union City Entitled Fees. 13 Is there a motion to introduce? 14 MAYOR STACK: Motion. 15 ACTING CITY CLERK: Motion made by Mayor 16 Stack. 17 COMMISSIONER VALDIVIA: Second. 18 ACTING CITY CLERK: Second by Commissioner 19 Valdivia. 20 Roll call. 21 Commissioner Fernandez? 22 COMMISSIONER FERNANDEZ: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner  15 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 6 ORDINANCE(S) FOR INTRODUCTION 7 8 ( 2) An Ordinance Amending the Parking 9 Provisions of Section 223 of the City Code to 10 Permit Parking in Certain Required Front Yards 11 12 ACTING CITY CLERK: The second Ordinance 13 for Introduction is an Ordinance Amending the 14 Parking Provisions of Section 223 of the City 15 Code to Permit Parking in Certain Required Front 16 Yards. 17 MAYOR STACK: I’ll move it. 18 ACTING CITY CLERK: Motion made by Mayor 19 Stack. 20 COMMISSIONER VALDIVIA: Second. 21 ACTING CITY CLERK: Seconded by 22 Commissioner Valdivia. 23 Roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  16 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 REGULAR AGENDA 10 11 ( 1) Resolution Approving the Redevelopment 12 Agency Payroll for the Period of December 31, 13 2013 through January 13, 2014 14 15 ACTING CITY CLERK: Next before the Board 16 is the Regular Agenda. 17 Item Number 1 on the Regular Agenda is a 18 Resolution Approving the Redevelopment Agency 19 Payroll for the Period of December 31st, 2013 20 through January 13th, 2014. 21 MS. VANEK: Mayor, we recommend that 22 Commissioner Mart -- that Commissioner Fernandez 23 recuse himself from this matter. 24 MAYOR STACK: I’ll move it. 25 COMMISSIONER VALDIVIA: Second.  17 1 ACTING CITY CLERK: Okay. 2 Roll call. 3 Commissioner Fernandez, recusing. 4 Commissioner Valdivia? 5 COMMISSIONER VALDIVIA: Yes. 6 ACTING CITY CLERK: Commissioner 7 Martinetti? 8 COMMISSIONER MARTINETTI: Yes. 9 ACTING CITY CLERK: Mayor Stack? 10 MAYOR STACK: Yes. 11 12 REGULAR AGENDA 13 14 ( 2) Resolution Authorizing Temporary Emergency 15 Appropriations 16 17 ACTING CITY CLERK: Number 2 on the Regular 18 Agenda is a Resolution Authorizing Temporary 19 Emergency Appropriations. 20 MS. VANEK: Mayor, we recommend that 21 Commissioner Fernandez recuse himself on the 22 Redevelopment Agency appropriation; that 23 Commissioner Martinetti recuse herself on the 24 Construction Code appropriation; and typically, 25 we would recommend that Commissioners Fernandez,  18 1 Martinetti and Valdivia recuse themselves on the 2 Board of Education appropriations, however, under 3 the Doctrine of Necessity, we recommend that 4 Commissioner Martinetti and Commissioner Valdivia 5 vote on that item. 6 MAYOR STACK: I’ll move it. 7 ACTING CITY CLERK: Motion made by Mayor 8 Stack. 9 COMMISSIONER VALDIVIA: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Valdivia. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes, with the 15 exception of the Board of Education and 16 Redevelopment Agency. 17 Otherwise, yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25 MS. VANEK: And for the record, the  19 1 affirmative votes by Commissioner Valdivia and 2 Commissioner Martinetti is subject to the 3 recusals placed on the record. 4 5 REGULAR AGENDA 6 7 ( 3) Resolution Approving Shared Services 8 Agreement with the Union City Board of Education 9 for Transportation Services 10 11 ACTING CITY CLERK: Number 3 is a 12 Resolution Approving Shared Services Agreement 13 with the Union City Board of Education for 14 Transportation Services. 15 MS. VANEK: Mayor, we recommend that 16 Commissioner Martinetti and Commissioner Valdivia 17 vote on this item, and Commissioner Fernandez 18 recuse, since this is a Board of Education issue. 19 MAYOR STACK: I’ll move it. 20 ACTING CITY CLERK: Motion by Mayor Stack. 21 COMMISSIONER VALDIVIA: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Valdivia. 24 Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  20 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: Yes. 4 ACTING CITY CLERK: Mayor Stack? 5 MAYOR STACK: Yes. 6 7 REGULAR AGENDA 8 9 ( 4) Resolution Approving Shared Services 10 Agreement with the Union City Board of Education 11 for Ambulance Services 12 13 ACTING CITY CLERK: Number 4 is a 14 Resolution Approving Shared Services Agreement 15 with the Union City Board of Education for 16 Ambulance Services. 17 MS. VANEK: Again, Mayor, we would 18 typically recommend that Commissioners Fernandez, 19 Martinetti and Valdivia recuse. However, under 20 the Doctrine of Necessity, Commissioner 21 Martinetti and Commissioner Valdivia should vote 22 on this item. 23 COMMISSIONER MARTINETTI: Second. 24 MAYOR STACK: Okay. 25 ACTING CITY CLERK: Motion made by Mayor  21 1 Stack. 2 Second by Commissioner Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 MS. DILLON: He’s recusing. 6 COMMISSIONER MARTINETTI: Recuse. 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 REGULAR AGENDA 16 17 ( 5) Resolution Canceling Lien on 540 28th 18 Street 19 ( 6) Any other matter of City business that may 20 arise 21 22 ACTING CITY CLERK: Number 5 is a 23 Resolution Cancelling a Lien on 540 28th Street. 24 MS. VANEK: Mayor, we recommend that 25 Commissioner Martinetti recuse himself on this  22 1 item. 2 ACTING CITY CLERK: Is there a motion to 3 approve item number 5? 4 COMMISSIONER VALDIVIA: Motion. 5 MAYOR STACK: Motion. 6 ACTING CITY CLERK: Motion by Commissioner 7 Valdivia. 8 Is there a second? 9 COMMISSIONER FERNANDEZ: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Fernandez. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti, recusing. 19 Mayor Stack? 20 MAYOR STACK: Yes. 21 22 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 23 24 ACTING CITY CLERK: Next on the agenda is 25 an opportunity for citizens to address the Board.  23 1 MAYOR STACK: Anyone wishing to address the 2 Board at this time? Please step forward. State 3 your name and address for the record. 4 Seeing none. 5 ACTING CITY CLERK: Motion to close the 6 public comment portion of the meeting made -- 7 COMMISSIONER FERNANDEZ: Second. 8 ACTING CITY CLERK: -- by Mayor Stack. 9 COMMISSIONER FERNANDEZ: Second. 10 ACTING CITY CLERK: Second by Commissioner 11 Fernandez. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner Valdivia? 16 COMMISSIONER VALDIVIA: Yes. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: Yes. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 * * * 23 24 25  24 1 APPLICATION REGARDING LIQUOR LICENSE #0901-43- 2 079-007 FOR A PLACE TO PLACE TRANSFER (FROM A 3 POCKET LICENSE TO 2817 BERGENLINE AVENUE) AND A 4 PERSON TO PERSON TRANSFER (FROM OSMARA PANEQUE TO 5 LOS PRECIOS CORP. 6 7 ACTING CITY CLERK: Next on the agenda is 8 an Application Regarding Liquor License Number 9 0901-43-079-007 for a Place to Place Transfer 10 from a Pocket License to 2817 Bergenline Avenue 11 and a Person to Person Transfer from Osmara 12 Paneque to Los Precios Corporation. 13 MAYOR STACK: You both stand over here. 14 Maybe -- 15 MS. DILLON: Can I ask you to come over 16 here? 17 Sir? 18 MR. PANEQUE: Sure. 19 MS. DILLON: I need you to come by the 20 microphone. 21 MR. PANEQUE: Sure. 22 MS. DILLON: It’s a large room. 23 MR. PANEQUE: Yes. 24 Good evening. 25 Ivan Paneque on behalf of Tomas R. Paneque,  25 1 who couldn’t be here tonight. 2 (Whereupon, there was a pause in the 3 proceedings.) 4 MR. PANEQUE: And our client is Osmara 5 Paneque. 6 There was a Resolution dated December 3 rd, 7 2013 granting authority for the estate to 8 transfer to the wife. However, the State 9 Division of Alcohol and Beverage Control needs 10 the Resolution to have a paragraph allowing it -- 11 the transfer to be effective, retroactive to June 12 30th, 2012. 13 MAYOR STACK: So, this is -- this is an 14 application to transfer from -- 15 MS. VANEK: That -- that information was 16 placed on the Resolution, and it was sent to the 17 State. 18 So, that issue has been taken care of. 19 MR. PANEQUE: That has been taken care of? 20 MS. VANEK: The transfer application here 21 is person to person, and place to place. 22 Person to person aspect is from Osmara 23 Paneque to Los Precios Corporation. 24 MR. LOPEZ: And in that -- as far as that 25 application --  26 1 MS. DILLON: Your appearance, please. 2 MR. LOPEZ: Yes. 3 As far as that application is concerned -- 4 Adolfo Lopez, appearing on behalf of the 5 applicant, Los Precios. 6 MAYOR STACK: Adolfo, you represent? 7 MR. LOPEZ: Los Precios. 8 MAYOR STACK: I got it. Okay. 9 MR. LOPEZ: The grocery store on -- 10 MS. DILLON: Just one step closer for me. 11 MR. LOPEZ: The grocery store where we 12 propose to place the pocket license. 13 MAYOR STACK: Okay. 14 MR. LOPEZ: And just for clarification, it 15 is a warm beer license exclusively. 16 MAYOR STACK: Right. And has there always 17 been a license at that location? 18 MR. LOPEZ: There has been. 19 Just for the members, for Commissioners and 20 Mayor Stack, this grocery store has been in 21 existence for over 30 years at the location. 22 The owner -- well, the entity always had a 23 warm beer license. About two years ago, they 24 forgot to renew it. 25 MAYOR STACK: I remember.  27 1 MR. LOPEZ: And -- 2 MAYOR STACK: I remember this. 3 MR. LOPEZ: -- Trenton would not consent -- 4 MAYOR STACK: I remember it. 5 MR. LOPEZ: -- to a late renewal of the 6 license. And he has now been without a liquor -- 7 without a warm beer license for approximately the 8 past two years. 9 But the place always had a warm beer 10 license, with no violations ever on the old 11 license. 12 MAYOR STACK: Right. 13 MR. LOPEZ: And he has been in business for 14 over 35 years, at the location. 15 He has now proposed to purchase a new warm 16 beer license to cite at this location, and we are 17 here for that transfer. 18 MAYOR STACK: Okay. And Mr. Paneque, you 19 represent -- 20 MR. PANEQUE: Yes. I represent Osmara 21 Paneque. 22 MR. LOPEZ: That -- the license was held by 23 her husband -- 24 MR. PANEQUE: Yes. 25 MR. LOPEZ: -- at a different location.  28 1 MR. PANEQUE: Correct. 2 MR. LOPEZ: The husband passed away, and 3 for several years, the license was maintained by 4 the estate. 5 That is not permissible under ABC laws. 6 State ABC requested that the transfer -- we 7 wanted a simultaneous transfer. The State 8 requested that it first be transferred to Osmara, 9 who is the wife. 10 MAYOR STACK: Okay. 11 MR. LOPEZ: The wife currently holds it. 12 It was transferred to her approximately two 13 meetings ago. 14 MAYOR STACK: So, she holds it in pocket 15 status. 16 MR. LOPEZ: She holds it in pocket status. 17 It was not at this location, obviously. 18 MAYOR STACK: Right. She’s looking to take 19 that -- just so I got it clear -- she’s looking 20 to take it from pocket status, and keep it at 21 2817. 22 MR. LOPEZ: No. No, Mr. Mayor. 23 She is selling it to my client, who will 24 now place it at that -- at the location, at 2817. 25 MAYOR STACK: And where did she have the  29 1 license at one time? Where was that? 2 MR. PANEQUE: This license -- I want to 3 say, but it wouldn’t make sense, the first 4 address that came to mind was -- but I just 5 realized that that would be Weehawken, so that 6 wouldn’t make sense, because I know that they had 7 owned a liquor store years ago, so that -- 8 But again, I apologize -- 9 MAYOR STACK: How many years has it -- 10 MR. PANEQUE: -- I’m filling for -- 11 MAYOR STACK: -- been in pocket? Do you 12 know? 13 I never got that petition. I -- I would 14 have jumped on that right away. I never got it. 15 I just reached out -- I never got it. 16 MS. VANEK: This one? 17 MR. PANEQUE: I’m trying to look for it. 18 MAYOR STACK: You got the petition? I 19 never got it. 20 MS. VANEK: It’s not in there? 21 MAYOR STACK: I never got that. I would 22 have jumped on that right away. 23 I never got that. I only got this. I 24 never got that little -- 25 MS. VANEK: You must have another --  30 1 MAYOR STACK: -- the little folder I got. 2 MS. VANEK: -- there’s another -- another 3 meeting file that came up today. 4 MR. LOPEZ: Mr. Mayor, the information that 5 I have on my file doesn’t disclose where it was 6 previously placed, but State ABC raised no 7 concerns with the transfer from pocket status. 8 So, they recognized that it was a validly held 9 pocket status license. 10 MAYOR STACK: So, the -- 11 MR. LOPEZ: There was never an application 12 -- there was never any type of petition for it to 13 be revoked, because of excessive pocket status. 14 MAYOR STACK: Right. Right. 15 MR. LOPEZ: That never took place. 16 MAYOR STACK: And so, there was always a 17 license there, for thirty-some odd years, you’re 18 saying. 19 Right? 20 Then, I remember a couple years ago, he did 21 -- I remember this whole thing. He had a problem 22 with the -- 23 MR. LOPEZ: We approved Mr. Farmer -- 24 MAYOR STACK: I remember. 25 MR. LOPEZ: -- with the issue --  31 1 MAYOR STACK: I remember. 2 MR. LOPEZ: -- because it was -- it was 3 never because of a violation. It was simply 4 because he forgot to renew it. 5 MAYOR STACK: Right. 6 MR. LOPEZ: And it was as simple as that. 7 MAYOR STACK: And there was never a mark on 8 that license or anything? 9 No -- no violations, nothing? 10 MR. LOPEZ: Never a single violation on 11 that license. 12 MAYOR STACK: Okay. 13 And the family’s owned that establishment 14 for some time now. 15 Right? 16 MR. LOPEZ: More than 30 years. 17 MAYOR STACK: More than 30 years. Right. 18 Okay. 19 MS. VANEK: Mayor, the City has received an 20 objection filed by an attorney named George 21 Campen, on behalf of -- it’s about, I would say, 22 maybe, 75 signatories, as well as a nearby liquor 23 store. 24 It was my understanding that he was going 25 to be present today at the meeting.  32 1 MS. KHELLAH: Yeah. I’m present. 2 MS. VANEK: Oh, you are. I’m sorry. 3 MAYOR STACK: Okay. 4 MS. KHELLAH: Yes, I’m stepping in for Mr. 5 Campen. 6 MS. DILLON: Can you come forward and -- 7 MS. KHELLAH: Yes. 8 MS. DILLON: -- put your appearance on the 9 record? 10 MS. KHELLAH: I’m stepping in for Mr. 11 Campen. 12 Mary Khellah, K-H-E-L-L-A-H. 13 We do have additional petitions, as well, 14 that were submitted today, by my client. 15 COMMISSIONER FERNANDEZ: I’m sorry. I 16 could not hear you. 17 MAYOR STACK: I can’t -- no, I can’t hear 18 you. 19 MS. KHELLAH: I apologize. 20 We do have additional petitions that were 21 brought to me by my client, today, if the Board 22 and your -- Mr. Mayor, you’d like to look at it. 23 They’re here for your review. 24 MAYOR STACK: Okay. 25 What is -- what is the objection -- what is  33 1 the objection to the license going back at this 2 establishment? 3 MS. KHELLAH: Mr. Mayor, well, the thing is 4 that there are two other liquor stores there with 5 a one block radius. Also -- 6 MS. DILLON: Keep your voice up for me. 7 MS. KHELLAH: My apologizes. 8 They also have been cited -- to the best of 9 my knowledge -- been cited for cashing out 10 illegal Food Stamps and cashing checks without 11 permits. 12 The store is in a -- I would say, for lack 13 of better words, it’s almost gone to waste in 14 regards to the way the -- 15 COMMISSIONER FERNANDEZ: I’m sorry. I can 16 barely hear you. 17 MS. KHELLAH: It’s almost to waste the way 18 the store is presented. 19 The windows are broken, it’s dirty inside 20 the store, there are expired goods on the 21 shelves, and there’s just unsanitary conditions 22 completely. 23 It would be hard to believe that the 24 prohibited activities that go along with holding 25 a liquor license would more than likely be  34 1 complied with by their client, if so issued by 2 your -- Mr. Mayor and the Board of Commissioners. 3 MAYOR STACK: Okay. 4 Let me ask you this. 5 How did -- how did you go about getting 6 these signatures? How was this done? 7 MR. VARMA: I -- may I speak? 8 MS. KHELLAH: Yeah. 9 MAYOR STACK: Sure. 10 MR. VARMA: Mr. Mayor, yes -- 11 MS. DILLON: What is your name? 12 MR. VARMA: Ravi Varma. 13 MS. DILLON: Wait. Wait. Wait. 14 Slower and spell it for me. 15 MR. VARMA: Ravi, R-A-V-I, last name Varma, 16 V-A-R-M-A. 17 MS. DILLON: V-A-R-M-A? 18 MR. VARMA: Yeah. 19 MS. DILLON: Okay. 20 MR. VARMA: Yes. 21 MS. DILLON: Speak slowly, please, and keep 22 your voice up. 23 MR. VARMA: Yes, ma’am. 24 I own the Fiji Stores, Fiji In and Out Food 25 Store and the Fiji Wine and Liquors.  35 1 And this particular establishment is about 2 less than 200 foot away from my store. 3 And they have been going on -- on this -- 4 ongoing lot of issues with this place for the 5 products they sell and -- and whole nine yards. 6 I’ve been inside the store myself. And 7 there been strong odor of rotting meat and 8 everything. 9 This particular store, as they have 10 mentioned, that it’s been there for 35 years. 11 But Mayor, if you look at the store, each 12 and every window is shattered and is holding by 13 the -- the tape. 14 And the way they present themselves, and 15 mind you, I like to keep Union City the way it 16 is. I want to keep it beautiful. 17 And I don't understand if this person is 18 granted to give the -- the permission to sell 19 beer, I -- I don't -- I can’t see him having 20 people coming in there for beer. 21 And he’s already in a big -- big problem 22 with this establishment. 23 And I have pictures to prove right now, 24 Mayor, and the Board of Commissioners, if you 25 want to see.  36 1 From his door through all -- throughout. 2 And I’ve been getting complaints throughout my 3 stores when people come and attend my store. 4 And that is when I got people together and 5 we got all the sig -- signa -- excuse me -- 6 signatures. 7 And these are the people living around 8 there. There’s approximately about 300 people 9 all together. 10 MAYOR STACK: You sought the petition in 11 your store? You had it in your store, and people 12 would come in and sign it? That’s how it was 13 done? 14 MR. VARMA: Well, I had people -- I, 15 myself, went out on the street. 16 MAYOR STACK: Okay. 17 MR. VARMA: I had a couple of people in my 18 store -- in my stores. My people who work for 19 me. They did it for me. 20 And I had my friends, who stay in the area 21 -- 22 MAYOR STACK: Right. 23 MR. VARMA: -- walk around and work with me 24 a lot. 25 MAYOR STACK: The reason -- the reason I  37 1 ask the question is because it’s -- I’ve never 2 really heard any other comments before. And I 3 know we do sanitary inspections. 4 You probably know from owning an 5 establishment. 6 And nothing has been brought to my 7 attention about the inside condition of the 8 store. 9 I always get a little suspect -- and I’ve 10 got to be honest with you -- 11 MR. VARMA: Right. 12 MAYOR STACK: -- when another liquor store 13 opposes another liquor store from coming in, and 14 not even a liquor store, but a warm beer license, 15 because there’s a vested interest there -- 16 MR. VARMA: Right. 17 MAYOR STACK: -- when a person held the 18 license for many, many years, and he doesn’t have 19 it anymore, obviously. 20 MR. VARMA: Right. 21 MAYOR STACK: But he went out and got 22 another license, and they’ve been there for a 23 long time. 24 MR. VARMA: They held the license before. 25 But when we came in, there was no license after  38 1 that. 2 So, now, they are less than 200 feet away 3 from my store, too. 4 MAYOR STACK: Right. 5 MR. LOPEZ: If I may address some of these 6 issues, Your Honor? 7 MS. DILLON: A little closer to the 8 microphone, please. 9 MAYOR STACK: Sure. Sure. 10 MR. LOPEZ: Well, number one, that -- that 11 is not a basis, whether or not there was a 12 license placed there when a liquor -- a plenary 13 retail distribution license was placed at this 14 gentleman’s location, that’s not a basis for -- 15 to deny the replacement of another license here. 16 Mr. Mayor, you’re quite right. He has a 17 business record. It’s not a fly by night 18 operation. 19 In 35 years, he has not been cited for any 20 type of violation. 21 It’s very easy to throw around these 22 allegations, baseless. 23 There’s not a single police report. 24 There’s no official report of any type on file, 25 saying that they are cashing Food Stamps  39 1 illegally. 2 There is a strict -- a very strict 3 enforcement by the federal government, USDA, 4 regarding EBT processing. 5 And licenses are immediately revoked if 6 that is the case, if they find any violations. 7 None have ever been found, or issued against my 8 client at all, which would result in an 9 investigation. 10 Mr. Mayor, you quite rightfully mentioned 11 that it is subject to sanitary inspections on a 12 yearly basis, and re-licensing. 13 Never in the entire history of the store 14 has there ever been a problem with the sanitary 15 conditions. 16 Clearly, there is a -- an interest in that 17 this license not be placed at this location, 18 merely for commercial reasons. But that is not a 19 basis to deny the placement of a license. 20 I have a great difficulty with the petition 21 that is being circulated. Many are not even from 22 the neighborhood. You have people from Jersey 23 City signing it. 24 There is a clear admission that he went out 25 and solicited signatures.  40 1 There may be many people on there, but I’d 2 like them to come forward today and indicate that 3 they have an objection to it. 4 It’s very simple to get someone to sign a 5 petition. People will sign anything. But that is 6 also not a basis. 7 If there’s such -- if there is such strong 8 neighborhood objection to this, let those people 9 come forward and raise their objections now. 10 Other than that, it’s clearly a commercial 11 interest. 12 And it was also rightfully pointed out that 13 there is no direct competition here. 14 This is merely a warm beer license. This 15 is not a liquor store. This is not another 16 liquor store. 17 The petition is fraught with errors. There 18 are no -- no addresses, improper addresses, no 19 indication of names. 20 And again, if there’s such -- such strong 21 sentiment in the neighborhood, let them be here. 22 Let them -- let them complain. 23 And I’d like them to come forward today and 24 say, the ones that are here, if anyone is here in 25 objection to this transfer.  41 1 MR. PANEQUE: Mr. Mayor, I would also just 2 like to add -- 3 MS. DILLON: One step closer. 4 MR. PANEQUE: Sure. 5 And this is just flushing out what Mr. 6 Lopez said, this is solely, in our view, an 7 attempt to drive out competition, is what it 8 boils down to. 9 This is undocumented, what you stated on 10 the record. There’s nothing to substantiate what 11 you’re saying. 12 And there’s also nobody here to 13 substantiate or to support your position. 14 As Mr. Lopez -- Mr. Lopez stated, we view 15 this strictly as your attempt to drive out 16 competition, your attempt to make it difficult 17 for somebody who can hurt your bottom -- hurt 18 your pocket, and which -- what your income is. 19 And that’s what it boils down to. 20 MR. VARMA: Mr. Mayor, may I speak? 21 MAYOR STACK: When was this -- when was 22 this submitted? This petition? 23 MS. KHELLAH: I believe Mr. Campen’s office 24 said that they did send this to the -- 25 MS. DILLON: You have to speak up.  42 1 MS. KHELLAH: Mr. Campen’s office did send 2 it to the Clerk. 3 I’m not sure exactly which date, but I do 4 -- I do have additional petitions here -- 5 MAYOR STACK: In January, or prior to 6 January? 7 MS. KHELLAH: Well, they were signed in 8 December, so I’m going to say hopefully prior to 9 -- 10 MR. VARMA: As soon as -- 11 MS. KHELLAH: -- today’s date. 12 MR. VARMA: -- notice was out there. 13 MAYOR STACK: Laura, when did you receive 14 this? 15 ACTING CITY CLERK: This afternoon. 16 MAYOR STACK: This afternoon you received 17 it? 18 ACTING CITY CLERK: Yes. By facsimile -- 19 MAYOR STACK: Right. But this is the first 20 I’m seeing the petition. I never got a copy of 21 it, even. 22 MR. VARMA: This was submitted to the 23 office, long time ago. 24 MAYOR STACK: You received it from whom? 25 ACTING CITY CLERK: I received it today.  43 1 MAYOR STACK: From whom? 2 ACTING CITY CLERK: I received it today 3 from -- the fax machine. 4 MS. KHELLAH: From Mr. Campen? 5 ACTING CITY CLERK: Yes. 6 MS. KHELLAH: Mr. Campen’s office. 7 MAYOR STACK: Did you fax it today? 8 MS. KHELLAH: I’m not directly in Mr. 9 Campen’s office. He -- he did tell me that he 10 submitted it to the Clerk. I just don’t know 11 when. 12 MAYOR STACK: Who submitted it? 13 MS. KHELLAH: Mr. Campen’s office. 14 MAYOR STACK: And when did you give it to 15 Mr. Campen? 16 MS. KHELLAH: I didn’t. 17 MS. DILLON: Ma’am, you have to speak up. 18 MS. KHELLAH: When did you? 19 MR. VARMA: I gave him -- 20 MAYOR STACK: Is Greg Farmer here? 21 Greg? 22 MR. FARMER: Yes. 23 MAYOR STACK: Greg, can you come up here 24 for a second? 25 This is -- this is on a transfer  44 1 application at 2817, I believe. 2 Right? 3 MR. LOPEZ: That's correct. 4 MAYOR STACK: 2817 Bergenline. 5 When did -- when did you receive this 6 petition? 7 MS. DILLON: Mr. Farmer, can I ask you to 8 come over here, please? 9 MR. FARMER: Yeah. That petition? I’ve -- 10 I’ve never seen that petition. 11 MS. VANEK: This is -- 12 MAYOR STACK: I’m -- 13 MS. VANEK: The objector is represented -- 14 MAYOR STACK: Okay. 15 MS. VANEK: -- by George Campen. 16 MR. FARMER: Right. 17 MS. VANEK: He’s not with Greg’s office. 18 And it wasn’t submitted to Greg, I don't 19 believe. It was sent to Laura and to me. 20 MAYOR STACK: Okay. So, just to clear this 21 up. 22 You’re represented by whom? 23 MR. VARMA: Mr. George Campen. 24 MR. FARMER: Right. And this -- 25 MAYOR STACK: Oh, George Campen.  45 1 MR. FARMER: -- this young lady is 2 appearing, as I understand it, on behalf of Mr. 3 Campen, because of when it was on for Tuesday to 4 Thursday, he had a conflict. 5 MAYOR STACK: You’re an attorney? 6 MS. KHELLAH: Yes. 7 MAYOR STACK: Oh, I didn’t know. I’m 8 sorry. 9 MS. KHELLAH: That’s okay. 10 MAYOR STACK: I’m a little con -- I 11 couldn’t hear what you said before. 12 MS. KHELLAH: It’s okay. I know. I’m 13 sorry. 14 MAYOR STACK: This is just very confusing 15 here. Okay. 16 So, you’re an attorney from Mr. George 17 Campen’s office? 18 MS. KHELLAH: I’m stepping in for him. 19 Yes. 20 MAYOR STACK: I got it. 21 So, this was -- this was sent from Mr. 22 Campen’s office -- you sent this over today? 23 MS. KHELLAH: He sent it over today. 24 MAYOR STACK: To the City Clerk? 25 MS. KHELLAH: Yes. Um hum. Yes.  46 1 MAYOR STACK: That’s why -- I guess that’s 2 why I never saw it. 3 MS. VANEK: Right. 4 MAYOR STACK: Yeah. Okay. 5 Okay. Can we take five minutes just to 6 discuss this? 7 MS. VANEK: Yes. Absolutely. 8 MAYOR STACK: All right. 9 MS. VANEK: Yes. 10 MAYOR STACK: Maybe we can go into a 11 classroom or something? 12 MS. VANEK: But I would make a motion to go 13 into Executive Session for advice of counsel. 14 MAYOR STACK: I -- I’ll make my motion. 15 COMMISSIONER FERNANDEZ: Second. 16 ACTING CITY CLERK: Motion made by Mayor 17 Stack. 18 Seconded by Commissioner Fernandez. 19 Roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti?  47 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 5 (Whereupon, the Board moved to Executive 6 Session at 6:27 p.m.) 7 8 (Whereupon, the Board returned to Open 9 Session at 6:33 p.m.) 10 11 MAYOR STACK: Thank you, Christine. 12 I’ll make a -- 13 (Whereupon, there was a pause in the 14 proceedings.) 15 MAYOR STACK: Okay. I’ll make -- I’ll make 16 a motion to go back into Open Session. 17 COMMISSIONER FERNANDEZ: Second. 18 ACTING CITY CLERK: Motion made by Mayor 19 Stack. 20 Seconded by Commissioner Fernandez. 21 MAYOR STACK: Okay. 22 If we can bring -- 23 ACTING CITY CLERK: Roll call. 24 MAYOR STACK: We have to do a roll call on 25 that?  48 1 ACTING CITY CLERK: Okay. Yeah. 2 Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Yes. 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 Okay. 13 MS. VANEK: Okay. 14 In light of receiving the petition today, 15 and the issues that have been raised, I believe 16 the Commissioners would like to have some due 17 diligence done with respect to the issues that 18 have been stated. 19 So, the Board will entertain a motion to 20 table this until the next meeting, which I 21 believe is February 4th. 22 MAYOR STACK: Is that the date of the next 23 one? 24 MS. VANEK: Yes. 25 MAYOR STACK: Okay.  49 th 1 Okay. Yeah. Tuesday, February 4 . 2 MS. VANEK: Is that the next meeting? 3 MAYOR STACK: All right. 4 ACTING CITY CLERK: Is there a motion? 5 MAYOR STACK: Motion. 6 ACTING CITY CLERK: Motion by Mayor Stack. 7 COMMISSIONER FERNANDEZ: Second. 8 ACTING CITY CLERK: Second by Commissioner 9 Fernandez. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti? 17 COMMISSIONER MARTINETTI: Yes. 18 ACTING CITY CLERK: Mayor Stack? 19 MAYOR STACK: Yes. 20 MR. PANEQUE: If I could just ask one -- 21 MS. DILLON: Just one step closer. 22 MR. PANEQUE: Sure. 23 There was a couple of other issues with 24 respect to renewal of the license for the 2000 -- 25 2012-2013 period and 2013 to 2014 period.  50 1 I know that you mentioned that the 2 Resolution has been revised, adding a paragraph, 3 allowing the transfer to be -- retroactive to 4 6/30/2012. 5 Have the other -- 6 MR. LOPEZ: Not the transfer, the renewal. 7 MR. PANEQUE: The renewal. I’m sorry. 8 MS. VANEK: Yeah. That’s been -- 9 MR. PANEQUE: Yeah. 10 MS. VANEK: -- administratively handled. 11 MR. PANEQUE: So, the renewal has also been 12 -- 13 MS. VANEK: Yes. 14 MR. PANEQUE: -- handled for 2012-’13 and 15 ’13 to ’14, in addition to the Nunc Pro Tunc to 16 6/30/12? 17 MS. VANEK: As far as I know. Yes. And -- 18 MR. PANEQUE: Okay. 19 Thank you. 20 MS. VANEK: -- if there’s any issues, you 21 can contact our office and we’ll -- 22 MR. PANEQUE: Okay. 23 Thank you. 24 MS. VANEK: -- we’ll talk about that. 25 Okay?  51 1 MAYOR STACK: Does Mr. -- does Mr. Lopez 2 have a copy of the petition? 3 MS. VANEK: No. The objector should serve 4 Mr. Lopez -- 5 MAYOR STACK: Yeah. 6 MS. VANEK: -- with a copy of the petition. 7 That’s required by statute. 8 MS. KHELLAH: I’ll make a note of that, and 9 I’ll put it in the file. 10 MR. LOPEZ: In a timely fashion, please. 11 MAYOR STACK: Yeah. 12 MS. KHELLAH: Of course. 13 MAYOR STACK: Can we get him a copy of that 14 petition tomorrow morning? 15 MS. KHELLAH: I will let Mr. Campen know. 16 MAYOR STACK: Do we have an extra copy 17 today? 18 MS. KHELLAH: No, I don't. 19 MAYOR STACK: All right. 20 MS. KHELLAH: Not with me. 21 MAYOR STACK: Okay. Tomorrow morning we’ll 22 have a copy of the petition. All right? 23 MS. KHELLAH: I’ll submit the remainder of 24 the petitions that he gave me today, and send 25 them copies of the rest of them.  52 1 MAYOR STACK: Okay. 2 MS. KHELLAH: Thank you. 3 MAYOR STACK: Thank you. 4 MR. LOPEZ: Thank you very much. 5 ACTING CITY CLERK: Thank you. 6 MR. LOPEZ: Thank you. 7 MS. KHELLAH: Have a good evening. 8 MAYOR STACK: Thank you. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  53 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 2 3 ( 1) Plaza Espana, Inc., t/a La Plaza Hispana 4 Restaurant Y Bar, 2506 Bergenline Avenue 5 ( 2) Dolores Casto t/a Uno Bar, 3607 New York 6 Avenue 7 ( 3) Cactus t/a Cactus, 426 32 nd Street 8 ( 4) RG Enterprise Entertainment t/a Therapy 9 Lounge, 2803 Bergenline Avenue 10 ( 5) Manhattan Bar & Grill, Inc. t/a Manhattan 11 Bar & Grill, 1711 Manhattan Avenue 12 13 MAYOR STACK: Mr. Farmer? 14 Good night, now. 15 If you could just enter your appearance for 16 the record. 17 MR. FARMER: Yes, Gregory Farmer, on behalf 18 of the -- Prosecutor to the Union City Alcohol 19 Beverage Control Commission. 20 Members of the Board, if we look at the 21 agenda, number -- number 1 is on the other side 22 there. 23 Because of the snow storm and Martin Luther 24 King birthday, and the courts being closed 25 yesterday, a lot of offices were closed. So, the  54 1 ability to tell and notify people on Tuesday, 2 Wednesday, for Thursday was something that proved 3 difficult. 4 And if I could run down, other than Cactus 5 Bar, all the others are going to be on for the 6 next meeting because Mr. Sarsano represents Plaza 7 Espana. His client was out of town. 8 The next one, Uno Bar -- I was hoping that 9 they were going to show up Tuesday, although I’ve 10 served them with charges. For some reason or 11 another, they have not responded. 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  55 nd 1 CACTUS t/a CACTUS,426 32 STREET 2 3 MR. FARMER: We’re up to Cactus. 4 Cactus is a situation which is a paper 5 violation, and also a noise situation. 6 Apparently, there were complaints about 7 noise, which seemed to be a problem. 8 However, it’s also my understanding that 9 those noise complaints, or the noise has subsided 10 and perhaps, the situation is rectified and 11 improved. 12 In talking with counsel, he indicates to me 13 that this is a new business, and a struggling 14 business, and in this kind of economy, a 15 suspension of a long time, a substantial 16 suspension would have great effect not only on 17 his business, but the people he employs. 18 We normally, on a paper violation, have 19 three days. 20 What I suggest is we make the noise 21 complaint and add another day, and make it four 22 days, with the clear understanding communicated 23 to the licensee that if noise becomes a problem, 24 there’s going to be more problems. 25 There’s one free pass, and hopefully, this  56 1 -- the experience has rectified the situation, 2 and there will not be any noise complaints. No 3 other noise complaints, then we don’t have a 4 problem. 5 MAYOR STACK: Okay. 6 MR. PANEQUE: And yes -- 7 MS. DILLON: Your appearance. 8 MR. PANEQUE: For the record, Ivan Paneque 9 on behalf of Cactus Café. 10 I have spoken to the owners. As Mr. Farmer 11 stated, on the record, they’ve invested a 12 substantial amount of money into building this 13 business. 14 I drive there -- past there quite often, 15 and it is a nice establishment. 16 And quite frankly, in this economy, even 17 one day more -- two days more means a significant 18 impact when you consider that there’s rent to 19 pay, there’s tremendous amount of expenses in 20 running a business. 21 I would ask that you abide by Mr. Farmer’s 22 suggestion in imposing a three day suspension on 23 the -- for the paper violation, with an 24 additional day for the noise. 25 It’s also my understanding that the noise  57 1 violations have -- have been addressed. That 2 tenants in the surrounding area, neighbors, are 3 not really complaining. 4 So, we don’t have the situation here where 5 somebody is laughing, if you will, at -- at the 6 City and saying, I’m not doing anything about it. 7 As a matter of fact, the owners are here 8 today. 9 MS. DILLON: Go back to the microphone. 10 MR. PANEQUE: I’m sorry? 11 MS. DILLON: Go back to the microphone. 12 MR. FARMER: They’ve got to pick you up 13 this way. 14 MR. PANEQUE: Okay. 15 And they are here because they care and 16 they want to address it and make it right, 17 whatever -- whatever it takes. 18 MAYOR STACK: I’ve noticed, from people 19 that have complained before, that the noise 20 situation is much better. 21 If they could just continue doing that, 22 that would be helpful to everybody who lives in 23 the area. 24 We want them to thrive and survive as a 25 business in the city. We just want to make sure  58 1 that the people who live in the area, especially 2 upstairs from the establishment, that -- you 3 know, they can get a decent night’s sleep. 4 MR. PANEQUE: Absolutely. 5 MAYOR STACK: And you know, get rest, also. 6 How long have they owned the establishment? 7 MR. PANEQUE: They -- they built this 8 establishment -- there was nothing there before, 9 from what I understand. 10 Can I -- can I -- 11 MAYOR STACK: Yeah. Absolutely. 12 (Whereupon, there was a pause in the 13 proceedings.) 14 MR. FARMER: I don't think they’ve owned 15 the establishment for too long. 16 MAYOR STACK: No. 17 MR. FARMER: I think the license they may 18 have gotten was from the Park Theater. 19 MAYOR STACK: I think so. Yeah. I think 20 you’re right. 21 That’s why I remember hearing this not too 22 long ago. Two years or something. Right. I 23 agree. 24 (Whereupon, there was a pause in the 25 proceedings.)  59 1 MR. PANEQUE: It’s -- Mr. Mayor, it’s been 2 about a year. 3 MAYOR STACK: Yeah. I remember. 4 MR. PANEQUE: And there was a restaurant 5 there. Also, a sign of the times, which failed. 6 MAYOR STACK: Right. 7 MR. PANEQUE: You know, they’re -- they’re 8 not filling their pockets with money at this 9 time. They’re just getting by. 10 MAYOR STACK: Right. 11 MR. PANEQUE: I know because I’ve spoken to 12 her at length about this. 13 MAYOR STACK: Right. 14 And they operate strictly as a restaurant, 15 not a bar? 16 MR. PANEQUE: This is a restaurant, and 17 there’s also liquor. There’s this bar there, 18 yes. 19 MAYOR STACK: Right. Is there a bar 20 itself? A bar with stools and everything, or no? 21 A traditional bar, or no? 22 (Whereupon, there was a pause in the 23 proceedings.) 24 MAYOR STACK: They do. 25 MR. PANEQUE: Yeah. It’s a bar. But it’s  60 1 also a food establishment. You can go there for 2 dinner or -- 3 COMMISSIONER VALDIVIA: They have a small 4 counter. 5 MR. PANEQUE: -- you know, what have you. 6 MAYOR STACK: Okay. 7 And how many stools are at the bar? 8 A VOICE: Three. 9 MAYOR STACK: Three. Okay. 10 And what time do you close? 11 (Whereupon, there was a pause in the 12 proceedings.) 13 MR. PANEQUE: Eleven to 12, weekdays; 14 weekends, two a.m. 15 MAYOR STACK: Two a.m. 16 Okay. And have they owned a liquor 17 establishment prior to this one? 18 Has she ever owned a liquor establishment? 19 MR. PANEQUE: This is the first time. 20 MAYOR STACK: Okay. 21 And they own it about a year? 22 MR. PANEQUE: Yes. 23 MAYOR STACK: And it’s the first offense 24 we’ve had. 25 Right, Greg?  61 1 MR. FARMER: Yes. 2 MAYOR STACK: What we could do is, we could 3 do -- instead of four days, we could do two. We 4 could do a four day, have two days apply now. 5 And then, if they have any more noise complaints, 6 in the next so many months to a year, or whatever 7 you and Mr. Farmer speak about, then those two 8 days would come into effect. 9 I know that there’s not major problems 10 there. We don’t have fights. We don’t have any 11 type of illegal activity, from what I know from 12 complaints from the area; being connected to the 13 people, on a constant basis, you hear things. I 14 don't hear. 15 The only thing I ever heard was noise and 16 it was tough, from people who lived above and 17 people, I think, who lived in the back, if I 18 remember correctly, because you’ve got 33 rd Street 19 that runs behind there. And there’s a lot of 20 houses that are behind there, and sound travels 21 up, obviously. 22 I’d be willing to do that, being that 23 they’re a new business. 24 MR. PANEQUE: Thank you very much. 25 MAYOR STACK: Sure.  62 1 Mr. Farmer? 2 MR. FARMER: Yes. 3 I have no objection to that, obviously. 4 I would recommend that. 5 MAYOR STACK: I know that they -- I know 6 they just started the business. 7 MR. PANEQUE: Yes. It’s -- 8 MAYOR STACK: I know that there’s not 9 trouble at that location -- 10 MR. PANEQUE: Yes. 11 MAYOR STACK: -- unlike some of the other 12 places in the city -- you know, that we have 13 trouble at. 14 MR. PANEQUE: And that’s their concern. 15 They -- 16 MAYOR STACK: Yes. 17 MR. PANEQUE: They -- they count on a 18 certain number of days each month in -- 19 MAYOR STACK: Sure. 20 MR. PANEQUE: -- order to meet their 21 expenses. 22 MAYOR STACK: And we want them to survive, 23 and we know that they’re not an establishment 24 that goes out there to violate the City 25 Ordinances or laws, so we don’t want to hurt  63 1 them. 2 MR. PANEQUE: Thank you. 3 MAYOR STACK: Just make sure it stays to a 4 quiet level, and make sure nobody else is 5 bothered in the area. That’s most important. 6 MR. PANEQUE: Thank you, Mr. Mayor. 7 MAYOR STACK: Sure. 8 Mr. Farmer? 9 MR. FARMER: I would recommend a two day 10 suspension -- 11 MAYOR STACK: Two day suspension. 12 MR. FARMER: -- in light -- 13 MAYOR STACK: And we’ll hold the other two 14 days. 15 MR. FARMER: Yes. 16 MAYOR STACK: If there’s a problem in the 17 next -- how long, Greg? 18 MR. FARMER: Let -- six months. 19 MAYOR STACK: Next six months, then they 20 would apply. 21 Okay? 22 Okay. 23 I’ll make a motion. 24 ACTING CITY CLERK: Motion made by Mayor 25 Stack.  64 1 COMMISSIONER VALDIVIA: Second. 2 ACTING CITY CLERK: Seconded by 3 Commissioner Valdivia. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: 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 16 17 18 19 20 21 22 23 24 25  65 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 2 3 ( 4) RG Enterprise Entertainment t/a Therapy 4 Lounge, 2803 Bergenline Avenue 5 ( 5) Manhattan Bar & Grill, Inc. t/a Manhattan 6 Bar & Grill, 1711 Manhattan Avenue 7 8 MR. FARMER: The other two -- 9 MR. PANEQUE: Thank you very much. 10 MAYOR STACK: Thank you very much. 11 MR. PANEQUE: Have a good night. 12 MAYOR STACK: Thank you. 13 MR. FARMER: Therapy Lounge, Mr. Blanch, 14 who was available Tuesday, indicated to me that 15 he had a longstanding family personal obligation, 16 so I said we would carry it. 17 And Manhattan Bar and Grill, I called Ray 18 Gonzalez a couple times. Maybe he is stuck down 19 the shore someplace. 20 But I think we could put that off and I’ll 21 get everything together for the -- for the next 22 meeting. 23 MAYOR STACK: That would be great. 24 MR. FARMER: Okay? 25 Thank you.  66 1 MAYOR STACK: Very good. 2 Thank you, Mr. Farmer. 3 (Whereupon, there was a pause in the 4 proceedings.) 5 ACTING CITY CLERK: Is there a motion then, 6 to adjourn items 4 and 5? 7 MAYOR STACK: Motion. 8 ACTING CITY CLERK: Motion made by Mayor 9 Stack. 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Valdivia. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 COMMISSIONER VALDIVIA: Yes. 18 ACTING CITY CLERK: Commissioner 19 Martinetti? 20 COMMISSIONER MARTINETTI: Yes. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 24 25  67 1 ADJOURNMENT 2 3 ACTING CITY CLERK: All right. There are 4 no further matters before the Board of 5 Commissioners this evening, is there a motion to 6 adjourn? 7 MAYOR STACK: Motion. 8 ACTING CITY CLERK: Motion made by Mayor 9 Stack. 10 COMMISSIONER MARTINETTI: Second. 11 ACTING CITY CLERK: Seconded by 12 Commissioner Martinetti. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 COMMISSIONER VALDIVIA: Yes. 18 ACTING CITY CLERK: Commissioner 19 Martinetti? 20 COMMISSIONER MARTINETTI: Yes. 21 ACTING CITY CLERK: Mayor Stack? 22 MAYOR STACK: Yes. 23 24 (Whereupon, the proceedings were concluded 25 at 6:46 p.m.)  68 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin Valdivia 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  69 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, DEBRA A. KASZNIAK, 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 Thursday, January 23, 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