Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Washington School 3905 New York Avenue Union City, New Jersey February 4, 2014 Commencing at 7:00 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 TILO E. RIVAS, COMMISSIONER M E M B E R S A B S E N T: 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 A P P E A R A N C E S: ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Los Precios Corporation TOMAS R. 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 5 CLERK’S ANNOUNCEMENT 5 CONSENT AGENDA 6 REGULAR AGENDA 11 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 15 APPLICATION REGARDING LIQUOR LICENSE TRANSFER 25 CLOSED SESSION 26 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 38 ADJOURNMENT 73  4 1 ACTING CITY CLERK: Can I have everyone’s 2 attention please? 3 This is a call to order a Regular Public 4 Meeting of the Union City Board of Commissioners, 5 being held on Tuesday, February 4th, 2014, at 6 seven p.m., at Washington School, 3905 New York 7 Avenue, Union City, New Jersey. 8 Would everyone please join me in the Pledge 9 of Allegiance? 10 11 (Whereupon, the Pledge of Allegiance was 12 said.) 13 14 ACTING CITY CLERK: This meeting has been 15 called in accordance with Chapter 231, Public Law 16 of 1975, the Open Public Meetings Act. 17 Adequate notice of this meeting has been 18 provided as follows: 19 Notice of this meeting setting forth the 20 time, date, location, and the agenda, to the 21 extent known, was forwarded to The Jersey 22 Journal, The Record and The Hudson Reporter, has 23 been posted on the bulletin board in City Hall 24 and has been made available to the public in the 25 office of the Municipal Clerk.  5 1 2 ROLL CALL: 3 4 ACTING CITY CLERK: May I have the roll 5 call for this evening’s meeting please. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: Here. 8 ACTING CITY CLERK: Commissioner Rivas? 9 COMMISSIONER RIVAS: Here. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Present. 12 ACTING CITY CLERK: Commissioner 13 Martinetti? 14 COMMISSIONER MARTINETTI: Here. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Here. 17 18 CLERK’S ANNOUNCEMENT: 19 20 ACTING CITY CLERK: The first item on 21 tonight’s agenda is a Clerk’s Announcement. 22 An Ordinance Amending Chapter 155 of the 23 Code of Union City entitled Fees was introduced 24 at the Regular Board of Commissioners Meeting on 25 January 23rd, 2014. The Ordinance will be further  6 1 considered at a meeting of the Board of 2 Commissioners to be held February 18 th, 2014, at 3 Union Hill Middle School, 3808 Hudson Avenue, 4 Union City, New Jersey. 5 6 CONSENT AGENDA: 7 8 ( 1) Resolution Approving the Payment of Claims 9 ( 2) Resolution Approving the Payment of 10 Concurring Claims 11 ( 3) Resolution Approving the City Payroll for 12 the Period of January 14, 2014 through January 13 27, 2014 14 ( 4) Resolution Approving the Library Payroll 15 for the Period of January 14, 2014 through 16 January 27, 2014 17 ( 5) Resolution Awarding Contract for 18 Interpreter Services to Sol’s Interpreting 19 Services 20 ( 6) Resolution Confirming Disciplinary Action 21 against Liquor License No. 0910-33-227-005 held 22 by Cactus t/a Cactus, 426 32nd Street 23 ( 7) Resolution Re-Appointing Board Members of 24 the Union City Rent Stabilization Board 25 ( 8) Resolution Authorizing the Acting City  7 1 Clerk to Advertise for the Receipt of Bids for 2 the Bergenline Avenue (2nd Street to 9th Street) 3 Phase 1 Roadway Improvement Program 4 ( 9) Resolution Authorizing the Acting City 5 Clerk to Advertise for the Receipt of Bids for 6 Ellsworth Park Landscape Improvements 7 (10) Resolution Authorizing the Acting City 8 Clerk to Advertise for the Receipt of Bids for 9 the 2014 Park Landscape Maintenance Program 10 (11) Resolution Authorizing the Acting City 11 Clerk to Advertise for the Receipt of Bids for 12 the Duarte Park Sprayground Resurfacing Project 13 (12) Resolution Authorizing the Refund of 14 Premium Monies Collected at the Tax Sale 15 (13) Resolution Authorizing Refund of Redemption 16 Monies to Outside Lienholders 17 (14) Any other matter of City business that may 18 arise 19 20 ACTING CITY CLERK: Next is the Consent 21 Agenda. These are items which can be approved by 22 a single vote. 23 There are 13 items before the Board this 24 evening. 25 Number one.  8 1 Resolution Approving the Payment of Claims. 2 Number two. 3 Resolution Approving the Payment of 4 Concurring Claims. 5 Number three. 6 Resolution Approving the City Payroll for 7 the Period of January 14th, 2014 through January 8 27th, 2014. 9 Number four. 10 Resolution Approving the Library Payroll 11 for the Period of January 14th, 2014 through 12 January 27th, 2014. 13 Number five. 14 Resolution Awarding Contract for 15 Interpreter Services to Sol’s Interpreting 16 Services. 17 Number six. 18 Resolution Confirming Disciplinary Action 19 against Liquor License number 0910-33-227-005 20 held by Cactus trading as Cactus, 426 32nd Street. 21 Number seven. 22 Resolution Re-Appointing Board Members of 23 the Union City Rent Stabilization Board. 24 Number eight. 25 Resolution Authorizing the Acting City  9 1 Clerk to Advertise for the Receipt of Bids for 2 the Bergenline Avenue, 2nd Street to 9th Street, 3 Phase 1 Roadway Improvement Program. 4 Number nine. 5 Resolution Authorizing the Acting City 6 Clerk to Advertise for the Receipt of Bids for 7 Ellsworth Park Landscape Improvements. 8 Number ten. 9 Resolution Authorizing the Acting City 10 Clerk to Advertise for the Receipt of Bids for 11 the 2014 Park Landscape Maintenance Program. 12 Number 11. 13 Resolution Authorizing the Acting City 14 Clerk to Advertise for the Receipt of Bids for 15 the Duarte Park Sprayground Resurfacing Project. 16 Number 12. 17 Resolution Authorizing the Refund of 18 Premium Monies Collected at the Tax Sale. 19 And number 13. 20 Resolution Authorizing Refund of Redemption 21 Monies to Outside Lienholders. 22 Does the Mayor wish to take public comment 23 on the Consent Agenda? 24 MAYOR STACK: Sure. 25 Anyone wishing to comment on the Consent  10 1 Agenda, please step forward, state your name and 2 address for the record. 3 Seeing none. 4 ACTING CITY CLERK: Motion to close public 5 comment made by Mayor Stack. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Seconded by 8 Commissioner Rivas. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 ACTING CITY CLERK: Is there a motion to 22 approve all items on the Consent Agenda? 23 MAYOR STACK: Motion. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 COMMISSIONER VALDIVIA: Second.  11 1 ACTING CITY CLERK: Seconded by 2 Commissioner Valdivia. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes with the 6 exception of number one as it pertains to the 7 Grace Theater payment; and two as it pertains to 8 the Union City Redevelopment Agency. 9 Otherwise, yes. 10 ACTING CITY CLERK: Commissioner Rivas? 11 COMMISSIONER RIVAS: Yes. 12 ACTING CITY CLERK: Commissioner Valdivia? 13 COMMISSIONER VALDIVIA: Yes. 14 ACTING CITY CLERK: Commissioner 15 Martinetti? 16 COMMISSIONER MARTINETTI: Yes. 17 ACTING CITY CLERK: Mayor Stack? 18 MAYOR STACK: Yes. 19 20 REGULAR AGENDA: 21 22 ( 1) Resolution Approving the Redevelopment 23 Agency Payroll for the Period of January 14, 2014 24 through January 27, 2014 25 ( 2) Resolution Authorizing the Placement of a  12 nd 1 Lien on the Property Known as 514 42 Street in 2 the City of Union City for Emergency Repairs 3 ( 3) Resolution Amending Renewals of Liquor 4 License #0910-43-079-007, a Pocket License Held 5 by Osmara Paneque, for the 2012-2013 and 2013- 6 2014 License Terms 7 ( 4) Any other matter of city business that may 8 arise 9 10 ACTING CITY CLERK: Next on the agenda this 11 evening is the Regular Agenda. 12 The first item on the Regular Agenda is a 13 Resolution Approving the Redevelopment Agency 14 Payroll for the Period of January 14 th, 2014 15 through January 27th, 2014. 16 MS. VANEK: Mayor, for the record we 17 recommend that Commissioner Fernandez recuse 18 himself from this item. 19 MAYOR STACK: I’ll move it. 20 ACTING CITY CLERK: Motion -- 21 COMMISSIONER MARTINETTI: Second. 22 ACTING CITY CLERK: Motion made by Mayor 23 Stack. 24 Seconded by Commissioner Martinetti. 25 Commissioner Fernandez; recusing.  13 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: Second item on the 11 Regular Agenda is a Resolution Authorizing the 12 Placement of a Lien on the Property Known as 514 13 42nd Street in the City of Union City for 14 Emergency Repairs. 15 MAYOR STACK: I’ll move it. 16 MS. VANEK: Mayor, for the record, we 17 recommend that Commissioner Martinetti recuse 18 herself from this matter. 19 COMMISSIONER VALDIVIA: Second. 20 ACTING CITY CLERK: Okay, motion made by 21 Mayor Stack. 22 Seconded by Commissioner Valdivia. 23 Roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  14 1 ACTING CITY CLERK: Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia? 4 COMMISSIONER VALDIVIA: Yes. 5 ACTING CITY CLERK: Commissioner 6 Martinetti; recusing. 7 Mayor Stack? 8 MAYOR STACK: Yes. 9 ACTING CITY CLERK: Third item on the 10 Regular Agenda is a Resolution Amending Renewals 11 of Liquor License Number 0910-43-079-007, a 12 Pocket License Held by Osmara Paneque, for the 13 2012-2013 and 2013-2014 License Terms. 14 MS. VANEK: Mayor, for the record, we 15 recommend that Commissioners Martinetti and 16 Valdivia recuse themselves from this item. 17 MAYOR STACK: I’ll move it. 18 ACTING CITY CLERK: Motion made by Mayor 19 Stack. 20 COMMISSIONER RIVAS: Second. 21 ACTING CITY CLERK: Seconded by 22 Commissioner Rivas. 23 Roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  15 1 ACTING CITY CLERK: Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia; 4 recusing. 5 Commissioner Martinetti; recusing. 6 Mayor Stack? 7 MAYOR STACK: Yes. 8 9 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 10 11 ACTING CITY CLERK: Next on the agenda is 12 an Opportunity for Citizens to Address the Board. 13 MAYOR STACK: Sure. 14 Anyone who would like to address the Board 15 at this time please step forward, state your name 16 and address for the record. 17 You can stand right over here. 18 Just state your name and address for the 19 record. 20 MS. DILLON: You need to come here. 21 MR. FALTO: Jose Falto, 1216 Central 22 Avenue, Union City, New Jersey. 23 MS. DILLON: I need you by the microphone. 24 MR. FALTO: Okay. Stand all the way up 25 here?  16 1 MS. DILLON: Yes. 2 MR. FALTO: All right. 3 I guess any topic? It doesn’t have to be 4 just the agenda items. 5 Am I correct? 6 MAYOR STACK: No, any topic. 7 MR. FALTO: Okay. All right. 8 I have some questions. I have some 9 concerns given the situation going on with the 10 Governor and the Bridgegate and of allegations 11 have been coming out. And it was interesting 12 that just recently in reading I found out that 13 one of the attorneys indicated that the Governor 14 was using the Port Authority as an employment 15 agency for his friends, political allies. 16 Interesting enough, as I looked a little 17 further, we find that a couple of people who 18 worked for you were given jobs immediately after 19 you endorsed the Governor. So I’m wondering if 20 the comments made by this attorney were talking 21 about political allies such as the Mayor of Union 22 City. 23 Let me give you an example. You have a 24 gentleman that works with you, Mr. Albiez, who 25 has two positions with the government. I’d like  17 1 to know what are his salaries and what are the 2 positions that he holds? 3 MAYOR STACK: I really don’t know his 4 salary off hand but I can tell you one thing; Mr. 5 Albiez is one of the hardest working City 6 employees that we have. You couldn’t ask for a 7 better employee than Mark Albiez. He’s -- 8 MR. FALTO: What are the two positions, Mr. 9 Mayor? 10 MAYOR STACK: Let me finish. 11 MR. FALTO: Okay. 12 MAYOR STACK: If you ask me a question; I 13 got to be able to finish. 14 MR. FALTO: Okay. 15 MAYOR STACK: Nobody puts in more time than 16 Mark. He’s a 24/7 guy and I’m very fortunate to 17 have him. 18 MR. FALTO: What are the two positions? Do 19 you know his titles? 20 MAYOR STACK: I don’t know. We could get 21 that for you though. 22 MR. FALTO: Okay. 23 Well, isn’t it a fact that one of them is 24 spokesperson for the Senator, Mr. Mayor, to the 25 tune of $35,000.00 a year?  18 1 And the other title, I believe he works for 2 Commission of Parks and Recreation, to the tune 3 of $85,000.00 a year. 4 MAYOR STACK: He’s worth every dime; if not 5 more. 6 MR. FALTO: Okay. All right. 7 Well, isn’t it a fact also that soon after 8 you came out and endorsed Governor Christie, Mr. 9 Albiez’s wife was given a job at the Port of 10 Authority; and also your personal secretary, Juan 11 Carlos Rojas got a job -- landed a job with the 12 Port Authority? 13 MAYOR STACK: Port Authority has nothing to 14 do with Union City’s municipal government, Mr. 15 Falto. You could -- 16 MR. FALTO: Well, -- 17 MAYOR STACK: You could attend a Port 18 Authority meeting though and ask them. 19 MR. FALTO: Well, Mr. Mayor, the fact of 20 the matter is that it’s ironic and it just 21 happened by coincidence that right after this 22 whole thing and the endorsement came out and you 23 went out, worked for the Governor, people from 24 your staff wound up at Port Authority. 25 Is that correct?  19 1 I knew you wouldn’t -- 2 All right. Well, let me just move on to my 3 next question for you, Mr. Mayor. 4 While I have no problems with Chief 5 Molinari and it is my understanding that he’s 6 doing an excellent job, I would like to know why 7 you failed to call for a competitive test for the 8 Chief position. 9 MAYOR STACK: We have a test right now. 10 MR. FALTO: Well, -- 11 MAYOR STACK: A test -- 12 MR. FALTO: -- you called for a test now? 13 MAYOR STACK: It’s been posted. 14 MR. FALTO: Okay. Okay. 15 But did -- when you made the Chief you 16 didn’t allow anyone else to compete; it was just 17 made on his own. 18 So you took the highest ranking Latino in 19 the Department, you did not afford him an 20 opportunity to take the test because you didn’t 21 call for the test at that point. I’m talking 22 about Captain Emilio Gonzalez (phonetic). 23 MAYOR STACK: I’m very proud of the fact 24 that I was the one that promoted Emilio up to the 25 rank of Captain and promoted more Latinos than  20 1 any prior mayor probably in Union City’s history. 2 So I’m very proud of that fact. 3 MR. FALTO: Well, -- 4 MAYOR STACK: And there is a test right now 5 for Chief. 6 MR. FALTO: It has been called? 7 MAYOR STACK: Absolutely. 8 MR. FALTO: Okay. 9 And well the reason why I question this is 10 because, you know, what is Mr. -- Captain 11 Gonzalez’s assignment at this point? 12 MAYOR STACK: Off the top of my head, you’d 13 have to ask the Chief of Police. I believe he’s 14 in Special Services and Support Services. 15 MR. FALTO: Okay. 16 MAYOR STACK: Training in fact, too. He’s 17 in probably the most critical position in the 18 Police Department, Training. 19 MR. FALTO: Yeah, he’s -- 20 MAYOR STACK: Training all those new 21 officers that are coming on the job. 22 MR. FALTO: Yeah, he’s at Gilmore School 23 supervising two staff members; right? 24 MAYOR STACK: No, he’s training all the 25 police -- all the police --  21 1 MR. FALTO: Okay. 2 MAYOR STACK: -- officers in the 3 Department. It’s the most critical position in 4 the Department. 5 MR. FALTO: Well, don’t you believe that it 6 would be better to have the highest ranking 7 Hispanic officer out in the streets serving as a 8 role model for all the Latinos in the community? 9 MAYOR STACK: Captain Gonzalez has always 10 been out there; we’ve always been proud of his 11 work that he’s done. 12 The role he’s in right now, the Chief and 13 him I believe sat down on and agreed that -- he’s 14 training every officer that’s coming on the job 15 right now and all our current officers in the job 16 right now to make sure that they’re treating the 17 public with respect and serving the community 18 well. 19 MR. FALTO: Well, my question is what is 20 your belief though? 21 Should he be on the street serving as a 22 role model or should he be in Gilmore School 23 where he has no access to the public? 24 MAYOR STACK: My belief is exactly what I 25 just stated; he’s serving in the most crucial  22 1 role in the Police Department right now. 2 MR. FALTO: Okay. 3 All right. 4 MAYOR STACK: If you’re suggesting that 5 Captain Gonzalez walk the beat, I disagree with 6 you. 7 MR. FALTO: I’m not saying walk the beat. 8 MAYOR STACK: Oh. 9 MR. FALTO: Be visible to the children of 10 our community so they, too, can see someone as a 11 role model. Perhaps they might want -- 12 MAYOR STACK: Oh, -- 13 MR. FALTO: -- this might help them to go 14 ahead -- 15 MAYOR STACK: We have plenty planned for 16 him, absolutely, to do those things. 17 MR. FALTO: We do. 18 MAYOR STACK: Nobody does more outreach 19 than Union City Police Department. We’re proud 20 of that. 21 MR. FALTO: I’m not -- I’m not saying they 22 don’t. I’m just talking about the one individual 23 who is the highest ranking Latino in the 24 Department. 25 ACTING CITY CLERK: Mayor, five minutes has  23 1 elapsed. 2 MAYOR STACK: Thank you very much, Mr. 3 Falto, we appreciate it. 4 Anyone else wishing to ask a question at 5 this time? 6 Please step forward, state your name and 7 address for the record. 8 John Heinis, you have anything? 9 No? 10 Okay. 11 Seeing no further. 12 ACTING CITY CLERK: Motion to close public 13 comment portion -- 14 COMMISSIONER RIVAS: Second. 15 ACTING CITY CLERK: -- of the meeting made 16 by Mayor Stack. 17 Seconded by Commissioner Fernandez. 18 Roll call. 19 Commissioner Fernandez? 20 COMMISSIONER FERNANDEZ: Yes. 21 ACTING CITY CLERK: Commissioner Rivas? 22 COMMISSIONER RIVAS: Yes. 23 ACTING CITY CLERK: Commissioner Valdivia? 24 COMMISSIONER VALDIVIA: Yes. 25 ACTING CITY CLERK: Commissioner  24 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  25 1 APPLICATION REGARDING LIQUOR LICENSE 2 #0901-43-079-007 FOR A PLACE TO PLACE TRANSFER 3 (FROM A POCKET LICENSE TO 2817 BERGENLINE AVENUE) 4 AND A PERSON TO PERSON TRANSFER (FROM OSMARA 5 PANEQUE TO 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: Sure. 14 If we could just take maybe five minutes 15 just to speak with the Corporation Counsel 16 before, -- 17 MS. VANEK: Um-hum. 18 MAYOR STACK: -- Christine? 19 MS. VANEK: That would be for advice of 20 counsel -- 21 MAYOR STACK: Yes. 22 MS. VANEK: -- and I would make a motion to 23 go into closed session for advice of counsel. 24 MAYOR STACK: Motion. 25 ACTING CITY CLERK: Motion made by Mayor  26 1 Stack. 2 COMMISSIONER RIVAS: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Rivas. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: Yes. 8 ACTING CITY CLERK: Commissioner Rivas? 9 COMMISSIONER RIVAS: Yes. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti? 14 COMMISSIONER MARTINETTI: Yes. 15 ACTING CITY CLERK: Mayor Stack? 16 MAYOR STACK: Yes. 17 We’ll take a couple minutes. 18 19 (Whereupon, the Board moved to Closed 20 Session at 7:12 p.m.) 21 22 (Whereupon, the Board returned to Open 23 Session at 7:18 p.m.) 24 25 MS. VANEK: Motion to return to Open  27 1 Session. 2 MAYOR STACK: The portion of the meeting 3 we’re at right now is liquor transfers and liquor 4 hearings, everyone. 5 MS. VANEK: Okay. 6 So we need a motion to go into Open 7 Session. 8 COMMISSIONER RIVAS: Motion. 9 MAYOR STACK: Motion. 10 ACTING CITY CLERK: Motion made by Mayor 11 Stack. 12 Seconded by Commissioner Rivas. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Rivas? 17 COMMISSIONER RIVAS: 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 On Los Precios, right?  28 1 MS. VANEK: Yes. 2 MAYOR STACK: On Los Precios. 3 All parties that are interested, please 4 step forward. 5 MR. LOPEZ: Good evening. Adolfo Lopez 6 appearing on behalf of the applicant. 7 MS. DILLON: I need you all to -- 8 MAYOR STACK: Just if you could, -- 9 MS. DILLON: -- keep your voices up -- 10 MAYOR STACK: -- just try to keep your 11 voices, yeah, -- 12 MR. LOPEZ: Yes. 13 MAYOR STACK: -- up into right over here. 14 MR. PANEQUE: Good evening, Mayor, ladies 15 and gentlemen of the Board. 16 Tomas R. Paneque on behalf of the seller, 17 Osmara Paneque. 18 MS. KHELLAH: Good evening, Mr. Mayor. 19 Mary Khellah here on behalf of Mr. Varma of 20 the Office of George Campen. 21 MR. VARMA: Good evening, Mr. Mayor and 22 Board of Commissioners. I’m here on behalf of 23 the business people of Union City. 24 MS. DILLON: Name? 25 MR. VARMA: Ravi Varma.  29 1 MS. VANEK: Okay. 2 You may recall that at the last meeting we 3 began the hearing on this transfer application. 4 And Miss Khellah put on the record certain 5 objections that her client had with respect to 6 the transfer, which included some health concerns 7 at the proposed location, as well as some 8 allegations of illegality which related to 9 converting food stamps and cashing checks. 10 Since that hearing we had the Police 11 Department look into the issues with regard to 12 the illegality. They had a detective conduct an 13 investigation and those allegations were not 14 founded. 15 They spoke with the federal agencies that 16 govern food stamps, as well as check cashing and 17 the allegations were not sustained. 18 Additionally, we had a health inspector go 19 into the proposed location and do an inspection. 20 And by the conclusion of the inspection, all 21 issues were abated. 22 Additionally, there was some issue as to a 23 broken window, which to my understanding has been 24 repaired. 25 So at this point the issues raised with  30 1 respect to the opposition appear to be satisfied. 2 Ms. Khellah, do you have anything else that 3 you want to add for the record? 4 MS. DILLON: Step forward. 5 MR. VARMA: Can I speak? 6 MS. DILLON: You need to -- 7 MR. VARMA: If I may? 8 MS. DILLON: -- step forward and keep your 9 voice up. 10 MR. VARMA: My name is Ravi Varma. 11 After owning businesses and real estates in 12 Union City -- 13 By the way I’m really proud of to be part 14 of Union City. 15 And the only reason I raised this, this 16 objection, was because the -- the first time when 17 I -- when I purchased the property and had a 18 business in Union City the entire -- the physical 19 way how a store or a business should look like in 20 Bergenline Avenue -- Union City, in an area which 21 welcomes New York City, we were -- we discussed 22 this very thoroughly at that time and -- and I 23 take very much proud and pride in this kind of -- 24 in this kind of situation. 25 In fact, whenever I see any graffiti out  31 1 there I make myself go down to DPW -- look at the 2 can and make sure it’s taken care of. 3 And then when I see this -- this letter 4 pass by that this particular is going to be 5 getting this -- this license, I mean this person 6 could not even maintain his -- his property 7 properly. I understand he’s been there for 36- 8 some years but in spite of being there for that 9 long, if he cannot do that and then we going to 10 give him a license -- something that’s control -- 11 I don’t understand if he’ll be able to control 12 that by himself or not. 13 But the main concern is -- is how it looks, 14 how it’s going to be presented and really if it’s 15 going to affect the City by itself and the people 16 around it. 17 And some people did make concern but -- 18 allegations are there, yes. Right now it’s -- I 19 mean you -- you have seen that it didn’t go 20 through whatnot. 21 But my main concern at the end of the day 22 is Union City and Union City be beautiful, not 23 broken windows, no tapes running around. And 24 then you have a liquor license or liquor lights 25 on -- on the window. That’s -- that’s a very  32 1 disturbing, if you would, for -- for me as part 2 of owning almost half of the block over there. 3 MR. LOPEZ: If I may just address those 4 issues. 5 There were three broken windows. As a 6 matter of fact the windows -- the plate glass was 7 broken as a result of a DPW truck backing up onto 8 a sign -- onto the street sign, which broke the 9 windows. 10 They remained cracked for approximately 11 three weeks because of the inordinate stretch of 12 cold weather. And that’s the sole reason why 13 they were not changed. As soon as there was a 14 break in the weather, all three windows were 15 replaced. 16 That’s not a basis to admit or deny a 17 liquor license. 18 Secondly, this particular establishment has 19 a proven track record. They -- Mr. Mayor, you’re 20 fully aware, they held a liquor license for over 21 20 years and it was lost for administrative 22 reasons. Never an incident. Never a violation 23 of any type. And it is a warm beer license; it’s 24 very important. It is not small package liquors 25 being sold at inordinate times. It is just warm  33 1 beer with no signage on the windows advertising 2 the alcohol because he never had it for the over 3 20 years that he had the old liquor license. 4 And that’s all I want to say. 5 The other issues we’ve addressed 6 previously. 7 MS. VANEK: Ms. Khellah, did you have any 8 additional testimony or evidence that you wanted 9 to present to the Board? 10 MS. KHELLAH: Um -- 11 MS. DILLON: You need to speak up. 12 MS. KHELLAH: I did submit to the Board, I 13 believe the day after our first meeting, pictures 14 and everything else of the concerns that were 15 raised. Just so everyone had it. 16 MAYOR STACK: That was with the glass 17 windows and everything? 18 MS. KHELLAH: Right. The glass windows -- 19 MAYOR STACK: And you’re familiar now that 20 those glass -- those windows have been repaired? 21 MR. VARMA: The -- I just want to add, 22 Mayor, if I would? 23 The beer signs has been there since I open 24 my store eight years ago. And the window’s been 25 broken there since seven years ago -- it’s been  34 1 there. 2 I mean it’s nothing that was there 3 yesterday or three weeks ago. I’m sorry to say 4 but that’s the fact. And I know my block. 5 MS. KHELLAH: Was the window repaired? 6 MR. VARMA: I haven’t been through the -- I 7 cannot be a hundred percent sure if it’s repaired 8 or not. 9 MS. KHELLAH: As of right now. 10 MAYOR STACK: You’re representing, Mr. 11 Lopez, it’s been repaired; -- 12 MR. LOPEZ: All three -- 13 MAYOR STACK: -- right? 14 MR. LOPEZ: -- have been changed, -- 15 MAYOR STACK Okay. Okay. 16 MR. LOPEZ: -- been replaced. 17 MAYOR STACK: Okay. 18 MS. KHELLAH: If the City’s done its due 19 diligence and -- 20 MAYOR STACK: Right. 21 MS. KHELLAH: -- feels as though it’s been 22 -- 23 MAYOR STACK: No, it’s our goal that every 24 business looks well, looks good in the City. 25 MS. KHELLAH: Correct.  35 1 MAYOR STACK: Obviously we’re working on a 2 lot of improvements within the City. We want the 3 whole City to look good. Absolutely we do. 4 MR. VARMA: Absolutely. Absolutely. 5 MS. KHELLAH: For safety and for health 6 reasons. 7 MAYOR STACK: Okay. 8 All right. 9 Do we have anything further? 10 Anyone else -- any further on Los Precios? 11 Okay. Being that the windows have been 12 repaired -- I know one thing is not contingent on 13 the other but it shows a good faith effort on 14 your client’s part to do what’s right. I know 15 the liquor license has been there for many, many 16 years without any incident -- I don’t believe 17 we’ve ever had a mark or an issue on this 18 license. And it’s a warm beer license if I’m 19 correct. 20 Right? 21 MR. LOPEZ: That’s correct. 22 MAYOR STACK: Okay. All right. 23 Thank you, Ms. Khellah, for raising these 24 objections. Please keep in touch with us on 25 anything in the area that you see needs to be  36 1 corrected, whether it’s on the City’s part or a 2 private business; let us know, -- 3 MR. VARMA: Absolutely, Mayor. 4 MAYOR STACK: -- we appreciate that. 5 That’s the only way we’re going to keep on 6 improving the community as we’ve been doing. 7 MR. VARMA: Absolutely, Mayor. 8 MAYOR STACK: Okay. 9 I’ll make a motion to approve the 10 application. 11 ACTING CITY CLERK: Motion to approve made 12 by Mayor Stack. 13 COMMISSIONER RIVAS: I’ll second it. 14 ACTING CITY CLERK: Seconded by -- 15 MS. VANEK: Mayor? 16 ACTING CITY CLERK: -- Commissioner Rivas. 17 MS. VANEK: Mayor, for the record, 18 Commissioners Valdivia and Martinetti will be 19 recusing on this matter. 20 MAYOR STACK: Okay. I’ll make a motion. 21 COMMISSIONER RIVAS: I’ll second. 22 ACTING CITY CLERK: Motion by Mayor Stack. 23 Seconded by Commissioner Rivas. 24 Roll call. 25 Commissioner Fernandez?  37 1 COMMISSIONER FERNANDEZ: Yes. 2 ACTING CITY CLERK: Commissioner Rivas? 3 COMMISSIONER RIVAS: Yes. 4 ACTING CITY CLERK: Commissioner Valdivia; 5 recusing. 6 Commissioner Martinetti; recusing. 7 Mayor Stack? 8 MAYOR STACK: Yes. 9 MR. LOPEZ: Thank you. 10 MAYOR STACK: To all parties involved, 11 thank you very much. 12 MS. KHELLAH: Thank you. 13 MR. LOPEZ: Thank you very much. 14 MR. PANEQUE: Thank you. 15 MAYOR STACK: Thank you for bringing it to 16 the attention. 17 Thank you. 18 MR. LOPEZ: Have a good evening everyone. 19 MAYOR STACK: Have a nice evening, 20 everyone. 21 22 * * * 23 24 25  38 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. LAR Corp. t/a La Roca Corp., 2115 West 4 Street 5 2. 2216 Bergenline Ave LLC t/a Centro Bar, 6 2216 Bergenline Avenue 7 3. El Papaturro t/a El Papaturro, 1018 Summit 8 Avenue 9 4. El Chapin Corp. t/a El Rincon Chapin, 2118 10 Bergenline Avenue 11 5. Plaza Espana, Inc. t/a La Plaza Hispana 12 Restaurant Y Bar, 2506 Bergenline Avenue 13 6. Dolores Casto (sic) t/a Uno Bar, 3607 New 14 York Avenue 15 7. RG Enterprise Entertainment t/a Therapy 16 Lounge, 2803 Bergenline Avenue 17 8. Manhattan Bar & Grill, Inc. t/a Manhattan 18 Bar & Grill, 1711 Manhattan Avenue 19 9. Mayem Corp. t/a El Trebol, 416-418 43rd 20 Street 21 10. El Paradiso Corp. t/a Il Paradiso, 1108 22 Summit Avenue 23 11. Juanita’s II LLC t/a Juanita’s Restaurant, 24 2904 Bergenline Avenue 25  39 1 ACTING CITY CLERK: Okay, next on the 2 agenda are Liquor License Disciplinary 3 Proceedings. 4 MAYOR STACK: Mr. Farmer? 5 A VOICE: You want me to get Mr. Farmer? 6 MAYOR STACK: Please, if you could. Thank 7 you. 8 MS. DILLON: Do you want to go off the 9 record? 10 MS. VANEK: Yeah, for a minute. 11 MS. DILLON: Off the record. 12 (Whereupon, Board went off the record.) 13 MS. DILLON: Mr. Farmer, -- 14 MR. FARMER: Yes. Right here? 15 MS. DILLON: -- yeah, good. 16 MR. FARMER: Good evening. 17 MAYOR STACK: Are you prepared, Greg? 18 Or you need a minute? 19 MR. FARMER: No. I may need a minute in a 20 minute -- 21 MAYOR STACK: Okay. 22 MR. FARMER: -- but right now we’ll take 23 care of this. 24 MAYOR STACK: Okay. 25 MR. FARMER: Okay. I can do this.  40 1 MAYOR STACK: No, go right ahead, go right 2 ahead. Yeah. 3 MR. FARMER: Okay. Good evening, Mayor and 4 council. 5 With respect to the ABC matters, as you can 6 see, there are a number listed on there but all 7 of them are, for the most part, resolved. 8 * * * 9 10 LAR CORP., t/a LA ROCA CORP., 2115 West Street: 11 12 MR. FARMER: The first one is La Roca. 13 This is one where we need a little bit more 14 investigation because it deals with somebody 15 being ineligible to be working, namely has a 16 criminal record. 17 So we got to get some paperwork from 18 Trenton to establish that and I would suggest we 19 put that on for the next time. 20 * * * 21 22 2216 BERGENLINE AVE LLC t/a CENTRO BAR, 2216 23 Bergenline Avenue: 24 25 MR. FARMER: The next one is El Centro Bar.  41 1 And I just got a letter from Mr. Alonso 2 saying he’s just been retained by them. And this 3 is something I’m pretty confident we’re going to 4 have a plea on. 5 So I would ask that that be adjourned. 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  42 1 EL PAPATURRO t/a EL PAPATURRO, 1018 Summit 2 Avenue: 3 4 MR. FARMER: The next one is El Papaturro 5 who is here represented by Mr. Faro. And he and 6 I have worked out something that could be a 7 recommendation to resolve this. 8 MAYOR STACK: Sure. Go right ahead. 9 MR. FARO: Good evening, Mr. Mayor, members 10 of the Commission. 11 MAYOR STACK: Good evening, Judge. How you 12 doing? 13 MR. FARO: Jeffrey M. Faro, Faro and 14 Portanova, appearing for El Papaturro. 15 MR. FARMER: This -- with respect to El 16 Papaturro what this is, this is an episode where 17 a police officer was walking along the street, 18 saw a little disturbance at the doorway of the 19 bar with the security putting a couple of people 20 out. 21 He investigated and what took place was an 22 incident that happened at the pool table -- and 23 don’t want to sound like the music man here but 24 let me tell you have we have a lot of problems 25 that come from pool tables.  43 1 But in any event a guy came out, bumped 2 into one another, had an exchange of words and 3 there was one punch thrown and then they left. 4 Okay? 5 And that was the extent of it. 6 I think given those circumstances, I’ve 7 talked to him about a three day suspension; 8 they’re agreeable to a three day suspension. And 9 I even have the days because I know you wish to 10 have them and that will be February 25 th, 26th and 11 27. 12 MR. FARO: I concur -- 13 MR. FARMER: And we have the agreement that 14 there will not be an appeal of this, nor an 15 application to the State to convert it into a 16 fine. 17 MAYOR STACK: Mr. Faro? 18 MR. FARO: I concur with Mr. Farmer. 19 MAYOR STACK: Great. 20 MR. FARO: The dates are agreeable, as 21 stated. And the facts are as Mr. Farmer states. 22 MAYOR STACK: Mr. Faro, if we could just 23 convey to your client that if he could please 24 just make sure to run a good establishment, to 25 have security there, try to keep -- you know, no  44 1 fights in the establishment, no hanging out; we 2 appreciate that. 3 MR. FARO: Understand, Mayor, there was no 4 injury at all. 5 MAYOR STACK: Okay. 6 MR. FARO: But, as Mr. Farmer indicated to 7 the Commission, it did happen. 8 MAYOR STACK: All right. 9 Thank you very much. 10 MR. FARMER: Okay. 11 MR. FARO: Thank you. 12 MAYOR STACK: Thank you. 13 I’ll make a motion to approve. 14 COMMISSIONER FERNANDEZ: Second. 15 MAYOR STACK: That’s on a three day 16 suspension; El Papaturro. 17 MR. FARMER: Yes. 18 ACTING CITY CLERK: Motion made by Mayor 19 Stack. 20 COMMISSIONER FERNANDEZ: Second. 21 ACTING CITY CLERK: Seconded by 22 Commissioner Fernandez. 23 Roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  45 1 ACTING CITY CLERK: 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 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  46 1 JUANITA’S II LLC t/a JUANITA’S RESTAURANT, 2904 2 Bergenline Avenue: 3 4 MR. FARMER: Mr. Faro represents another 5 person on the agenda and that’s number 11, 6 Juanita’s. 7 I would recommend that this be dismissed 8 and let me tell you why. 9 This is a situation where I think the 10 licensee acted appropriately. 11 It appears that there was some kind of 12 argument between two women at the bar. They were 13 separated. He escort -- and one was an employee. 14 He told the employee to go home and she left the 15 bar. An hour -- and he kept the other woman -- 16 not kept but suggested to the other woman to 17 remain in the bar, which she did, for another 18 hour. 19 So you have this argument. You have an 20 hour separation. The second woman leaves. 21 Unbeknownst to everybody the first woman waiting 22 for here; there’s an altercation in the street, 23 the Police are called and that’s it. 24 Doesn’t seem to be really be any nexus 25 between the event and the bar. So I would  47 1 recommend that it be dismissed. 2 MAYOR STACK: On Mr. Farmer -- 3 MR. FARMER: Nobody was hurt; nobody -- 4 there was nothing. 5 MAYOR STACK: I’ll make a motion on Mr. 6 Farmer’s recommendation to dismiss. 7 COMMISSIONER MARTINETTI: Second. 8 COMMISSIONER FERNANDEZ: Second. 9 ACTING CITY CLERK: Motion made by Mayor 10 Stack. 11 Seconded by Commissioner Martinetti. 12 Roll call. 13 Commissioner Fernandez? 14 COMMISSIONER FERNANDEZ: Yes. 15 ACTING CITY CLERK: Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner 20 Martinetti? 21 COMMISSIONER MARTINETTI: Yes. 22 ACTING CITY CLERK: Mayor Stack? 23 MAYOR STACK: Yes. 24 MR. FARO: Thank you, Mayor. 25 MR. FARMER: Okay.  48 1 MAYOR STACK: Thank you. 2 MR. FARMER: Take care. 3 MAYOR STACK: Thank you very much. 4 Have a good evening now. 5 MR. FARO: Thank you. 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  49 1 EL CHAPIN CORP. t/a EL RINCON CHAPIN, 2118 2 Bergenline Avenue: 3 4 MR. FARMER: The next one on your calendar 5 is El Rincon. 6 He’s represented by Luis Alum. 7 I’ve contacted Mr. Alum and with Mr. Alum 8 it’s sometimes hard to connect up with him. 9 I’m sure I’ll be successful because I’m 10 going to keep trying. 11 So, I would ask that that just be carried. 12 The next one is Plaza Spain. 13 Mr. Sarsano represents Plaza Spain. 14 MAYOR STACK: Just try -- just try your 15 best to reach Mr. Alum because we continue to 16 have problems -- 17 MR. FARMER: I know. 18 MAYOR STACK: -- at that establishment -- 19 MR. FARMER: Oh, okay. 20 MAYOR STACK: -- with noise. 21 MR. FARMER: Okay. 22 MAYOR STACK: With noise. It’s a constant 23 problem. 24 MR. FARMER: I can assure you that on the 25 next one he will be here.  50 1 MAYOR STACK: Please. 2 * * * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  51 1 PLAZA ESPANA, INC. t/a LA PLAZA HISPANA 2 RESTAURANT Y BAR, 2506 Bergenline Avenue: 3 4 MR. FARMER: This is Plaza Espana 5 represented by Mr. Sarsano. 6 This is a situation, again, of a fight, a 7 very quick episode that occurs; however, one 8 person was hit over the head with a bottle, so 9 there was some injury here. 10 And Mr. Sarsano and I have discussed a 11 seven day suspension, which I think is 12 appropriate. 13 And those days would be March 10 th and 14 March 17th? 15 MR. SARSANO: February. 16 MR. FARMER: February 10th. February 10th 17 to February 17th. 18 MAYOR STACK: February 10 to? 19 MR. FARMER: Seventeenth. 20 MR. SARSANO: Seventeenth. 21 MR. FARMER: Ten -- seven days. 22 MAYOR STACK: Okay. 23 Mr. Sarsano? 24 MR. SARSANO: Yes, I concur with that. 25 MS. DILLON: Your appearance?  52 1 MR. SARSANO: My name is Anthony Sarsano 2 for the record. 3 Factual basis as presented by Mr. Farmer is 4 accurate. Proposed settlement is also accurate. 5 MR. FARMER: And we’re agreed that no 6 appeal of the plea and no application to the 7 State to convert to a fine? 8 MR. SARSANO: That’s correct. 9 MR. FARMER: Okay. 10 MAYOR STACK: I’ll make a motion for seven 11 day suspension. 12 COMMISSIONER FERNANDEZ: Second. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 Seconded by Commissioner Fernandez. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: Yes. 19 ACTING CITY CLERK: 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.  53 1 ACTING CITY CLERK: Mayor Stack? 2 MAYOR STACK: Yes. 3 MR. FARMER: That’s it. 4 MR. SARSANO: Okay, thank you. 5 MAYOR STACK: Thank you very much. 6 Thank you. 7 Have a good evening. 8 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  54 1 DOLORES CASTO (SIC) t/a UNO BAR, 3607 New York 2 Avenue: 3 4 MR. FARMER: The next one is Uno Bar. 5 This -- we have charges against Uno Bar but 6 we’ve never been able to serve the charges 7 because the place is closed. 8 Detective Dunlay is here; he can confirm 9 that every time he’s gone over there the place is 10 closed. So I kind of think that’s a situation 11 we’re kind of satisfied with. 12 So, what we’ll do is -- 13 MAYOR STACK: No matter what time we go 14 there it’s closed? 15 DETECTIVE DUNLAY: Miss Castro hasn’t 16 opened up the bar -- 17 MS. DILLON: Just your name for the record, 18 Detective? 19 DETECTIVE DUNLAY: I’m sorry. 20 Detective David Dunlay, D-U-N-L-A-Y, Union 21 City -- 22 MS. DILLON: Thank you. 23 DETECTIVE DUNLAY: -- Police. 24 MS. DILLON: Just keep your voice up. 25 DETECTIVE DUNLAY: Yes.  55 1 Since we’ve -- since we started an 2 investigation on Miss Castro, she hasn’t opened 3 up ever since. 4 I’ve actually gone to her residence in 5 attempt to serve her with the paperwork to appear 6 here and -- 7 MAYOR STACK: She lives locally? 8 DETECTIVE DUNLAY: On 85th Street in North 9 Bergen. 10 MAYOR STACK: If we can, if we can send her 11 out maybe a certified letter? 12 DETECTIVE DUNLAY: Yes. 13 MAYOR STACK: All right? 14 MR. FARMER: Okay. I’ll get the address 15 and send it. 16 But the place has no operation; right? 17 DETECTIVE DUNLAY: Zero operation. 18 MR. FARMER: Okay. 19 MAYOR STACK: Okay. 20 MR. FARMER: Okay, thanks. 21 MAYOR STACK: Thank you, Detective. 22 * * * 23 24 25  56 1 MANHATTAN BAR & GRILL, INC. t/a MANHATTAN BAR & 2 GRILL, 1711 Manhattan Avenue: 3 4 MR. FARMER: If -- when you had asked me do 5 I need a minute, I need a minute with respect to 6 number 7. So I’d like to skip that -- 7 MAYOR STACK: Okay. 8 MR. FARMER: -- and go to Manhattan Bar and 9 Grill. 10 MAYOR STACK: Okay. 11 MR. FARMER: Ray? 12 MAYOR STACK: Manhattan Bar and Grill? 13 MR. FARMER: Yeah. 14 MR. GONZALEZ: I’m here. 15 MS. DILLON: Just over here, Mr. -- 16 MR. GONZALEZ: Sure. 17 MS. DILLON: Thank you. 18 MR. GONZALEZ: No, I -- they left already; 19 I told you. 20 Good evening, Mayor, ladies and gentlemen. 21 For the record, Ramon Gonzalez, G-O-N-Z-A- 22 L-E-Z, from the firm Gonzalez and Caride, on 23 behalf of Manhattan Bar and Grill. 24 MR. FARMER: Okay. 25 With Manhattan Bar and Grill, this is the  57 1 situation. 2 The situation is Manhattan Bar and Grill 3 has gotten a number of noise complaints in the 4 area. We had those listed. Also, at one time, 5 they pleaded guilty to a noise complaint in 6 municipal court. 7 With respect to the noise complaints, I am 8 withdrawing those as disciplinary proceedings. 9 But I’ve indicated to Mr. Gonzalez that we intend 10 to take the position upon renewal that you should 11 not renew the license given the noise complaints 12 if and when people from the neighborhood come at 13 the time of the license renewal and -- or can 14 hear what they say about – whether it’s a 15 disturbance in the neighborhood. 16 And if the Board finds that there’s a 17 disturbance, the Board can put conditions on the 18 license such as, one that comes to my mind would 19 be early closings. Okay? 20 MAYOR STACK: How many calls did we receive 21 on noise on this establishment in the last six 22 months or so? 23 MR. FARMER: Well, the situation is I’ve 24 spoken to Chief Molinari about it. We have -- we 25 have two episodes where there were noise  58 1 complaints. But in speaking -- and it was, like 2 I said, a period of time when there were noise 3 complaints, it was activity in the municipal 4 court. 5 I understand from talking with the Chief -- 6 and really what the Chief was doing was not to 7 try to punish anybody but rather to get 8 compliance so that the noise level is not 9 disruptive to the neighborhood. 10 He’s indicated to me that in the recent 11 past there has not been any noise complaints. 12 All right? 13 And I think the determination as to the 14 severity of the noise complaints is far better 15 determined in the renewal stage because there are 16 different burdens of proof it that, as opposed to 17 a disciplinary proceeding. And that’s why -- 18 They have some paper violations and I’ve 19 worked out the paper violation pleas for four 20 days. 21 But the noise complaints I would recommend 22 that we deal with it at the time of renewal, at 23 which time -- 24 And one of the problems we had with the 25 disciplinary ones -- and we talked about this at  59 1 one of the last meetings was having it at a time 2 and a place that would be accessible to the 3 people in the neighborhood who could come and 4 voice their objections and their specific 5 complaints. 6 And that would generally be, when we renew, 7 probably at City Hall, as opposed to here, so 8 people could get to City Hall a lot easier than 9 they could get to places like here especially in 10 weather like this. 11 MAYOR STACK: Mr. Gonzalez? 12 MR. GONZALEZ: I’d like to allow Mr. Farmer 13 to present everything about the part that’s being 14 dismissed. But as to the paper violation, we 15 have reached an agreement as to the four days. 16 As to the renewal, I guess we should 17 address that at the renewal. If there are that 18 many people that are complaining, if we have as 19 many people saying that there are no complaints, 20 I’m sure this Board will hear them all fairly and 21 a decision would be made at that time. 22 MAYOR STACK: So it’s a four day 23 suspension? 24 MR. FARMER: Yes. 25 MAYOR STACK: Okay.  60 th 1 MR. FARMER: And those days are March 24 , 2 25th, 26th and 27. 3 MAYOR STACK: Twenty-fifth -- 24, 25th, 4 26th, 27th? 5 MR. FARMER: That is correct. 6 MAYOR STACK: Okay, I’ll make a motion to 7 approve. 8 ACTING CITY CLERK: Motion made by Mayor 9 Stack. 10 COMMISSIONER VALDIVIA: Second. 11 ACTING CITY CLERK: Seconded by 12 Commissioner Valdivia. 13 Roll call. 14 Commissioner Fernandez? 15 COMMISSIONER FERNANDEZ: Yes. 16 ACTING CITY CLERK: Commissioner Rivas? 17 COMMISSIONER RIVAS: 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 * * *  61 rd 1 MAYEM CORP. t/a EL TREBOL, 416-418 43 Street: 2 3 MR. FARMER: The next one coincidentally, 4 El Trebol, is represented by Mr. Gonzalez. 5 He indicates to me that he just got into 6 the case and indeed has received some discovery 7 from his client which he feels is exculpatory, I 8 guess. And he’s going to make that available to 9 me. 10 So I would think that if we were to put 11 this on at the next meeting, which will be -- 12 Next meeting is March what? 13 MS. VANEK: February 18th. 14 MR. FARMER: Not in February, but the first 15 one in March. 16 MAYOR STACK: Okay. No problem. 17 I’ll make a motion to adjourn it till the 18 March meeting. 19 MR. FARMER: When is that? 20 MR. GONZALEZ: When is that? 21 MAYOR STACK: The next meeting is on -- 22 MR. FARMER: No. 23 MR. GONZALEZ: The March one -- 24 MAYOR STACK: Oh, the next one’s February 25 18th.  62 1 Then there’s -- the one in March would be 2 on the 4th. 3 Am I correct? 4 ACTING CITY CLERK: Yes. 5 MAYOR STACK: It would be the 4th. 6 MR. FARMER: Do you know where? 7 ACTING CITY CLERK: I don’t. I can -- 8 MR. FARMER: Okay. Okay. 9 MR. GONZALEZ: That’s fine. 10 MR. FARMER: Okay. 11 MR. GONZALEZ: Is that it? 12 MR. FARMER: Yeah. 13 MAYOR STACK: Thank you very much, Mr. -- 14 MR. GONZALEZ: Before I leave though, I do 15 have to say something to the Board. 16 I also own property in Union City. And I 17 have to say one thing about what’s going on on 18 New York Avenue. The lights and the 19 improvements; I think it’s actually fantastic 20 what’s happened there. 21 MAYOR STACK: Thank you. 22 Thank you. 23 MR. GONZALEZ: You go down there and it 24 really looks like something has changed. 25 MAYOR STACK: Thank you.  63 1 MR. GONZALEZ: You know I hope the Board 2 continues doing that -- 3 MAYOR STACK: We’re going to try. 4 MR. GONZALEZ: -- throughout. 5 MAYOR STACK: We’re going to try. 6 Definitely. 7 MR. GONZALEZ: Thank you. 8 MAYOR STACK: Thank you very much. 9 Thank you. Thank you. 10 MR. FARMER: Okay, take care, Ray. 11 * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25  64 1 IL PARADISO CORP t/a IL PARADISO, 1108 Summit 2 Avenue: 3 4 MR. FARMER: The next one is Il Paradiso. 5 MAYOR STACK: Okay. 6 MR. FARMER: A lawyer by the name of Mulkay 7 called me. He just got into the case. Like to 8 have it on the March 4th date. And I’d recommend 9 that it be adjourned to that. 10 If you’ll give me a couple of minutes to 11 talk to Therapy Lounge; maybe we’ll have some 12 resolution of that. 13 MAYOR STACK: You got it. No problem. 14 MR. FARMER: Okay, thank you. 15 MAYOR STACK: Absolutely. 16 MS. DILLON: Off the record. 17 MS. VANEK: Off the record. 18 19 (Whereupon, the Board went off the record 20 at 7:40 p.m.) 21 * * * 22 23 24 25  65 1 RG ENTERPRISE ENTERTAINMENT t/a THERAPY LOUNGE, 2 2803 Bergenline Avenue: 3 4 (Whereupon, the Board went on the record at 5 7:43 p.m.) 6 7 MR. FARMER: This is Therapy Lounge, number 8 7 on the ABC agenda. 9 With respect to this there are two charges 10 and we run into the same problem on both charges 11 in the sense that we never have the victim and 12 it’s impossible to prove what happened. 13 However, we have come to a resolution with 14 respect to it and hopefully it will be accepted 15 by the Board. 16 That with respect to the episodes, a three 17 day suspension -- and I would recommend it 18 because of the difficulties in proof. 19 But, as a condition, that the condition be 20 on the license; the same kind of condition that 21 we put on Cucalambe and El Cuco, namely that 22 within -- well, the special condition agreed to 23 by counsel was that the licensee would install a 24 closed circuit television cameras within 30 days 25 which will record what the cameras observe during  66 1 hours that the licensed premises are open for 2 business and for 15 minutes after the last patron 3 has left the premises at closing. 4 The number of cameras and the location of 5 the cameras will be determined solely by the 6 Union City Police Department. 7 The cameras will be paid for and be 8 maintained in good working order by the licensee. 9 The video recordings will be held for at 10 least 30 days by the licensee. 11 The licensee will remain -- maintain the 12 recordings beyond the aforesaid 30 days if 13 requested by the Union City Police Department if 14 the request is made within 30 days of any 15 incident involving a Police response at the 16 licensed premises. 17 So what this will hopefully do is when 18 there is an episode, we don’t really care after 19 that if we’re able to get the person who may have 20 some immigration status or he may not feel 21 comfortable about coming forward or even move 22 around and be somewhat trangent (phonetic). 23 We’ll have it on film as to what happened. 24 So if there’s a fight in the place we’ll be 25 able to see it.  67 1 And I would recommend giving the suspension 2 -- three day suspension in light of the fact that 3 of the difficulty in proving the case, coupled 4 with a condition that there be an eye in the 5 establishment I think improves the situation and 6 I would recommend it. 7 MAYOR STACK: Mr. Blanch? 8 MR. BLANCH: That’s my understanding. I’ve 9 discussed it with my client and my understanding 10 is that he’s -- 11 MS. DILLON: Just your appearance please? 12 MR. FARMER: Mario? 13 Come around here. 14 MAYOR STACK: Just if you could move over 15 here maybe. 16 MR. BLANCH: Oh, I’m sorry. 17 MS. DILLON: Just over here. And -- 18 MR. BLANCH: I’m sorry; I didn’t enter my 19 appearance. 20 MR. FARMER: Talk into the mic. 21 MR. BLANCH: Mario Blanch on behalf of the 22 Therapy Lounge. And standing to my right is 23 Robert -- or left, Robert Guzman. 24 MR. FARMER: And with respect to what I’ve 25 put on the record as far as -- are you in  68 1 agreement with that? 2 MR. BLANCH: I’m in agreement. I discussed 3 it with my client; it’s my understanding that he 4 also in agreement with it. 5 MR. FARMER: Okay. 6 MAYOR STACK: I think it would probably be 7 a good idea, I mean just hearing this for the 8 first time, it probably would be a good idea just 9 for the protection of the owner of the 10 establishment, as well as the area. 11 There’ll be a camera outside? 12 MR. GUZMAN: Yeah. 13 MAYOR STACK: Okay. 14 MR. GUZMAN: What about when every time -- 15 No, it’s nothing about this. 16 MAYOR STACK: Okay. 17 MR. GUZMAN: What about every time somebody 18 have a problem in my bar, so you close me for 19 three day, five day whatever. And then stop 20 working from my business -- you had a -- 21 (Whereupon, Mr. Guzman addressed the 22 Commission in Spanish.) 23 MAYOR STACK: No, I understand. 24 MR. GUZMAN: I mean that’s not fair. 25 MAYOR STACK: I understand what you’re  69 1 saying. 2 MR. GUZMAN: Yes, sir. 3 MAYOR STACK: What we’ll do, too, is -- I’m 4 pretty sure we had a walking post there for a 5 time -- we had a walking officer in the area, -- 6 MR. GUZMAN: Um-hum. Um-hum. 7 MAYOR STACK: -- we’ll try to reestablish 8 that now. 9 MR. GUZMAN: Um-hum. 10 MAYOR STACK: We’ll put a walking officer 11 back. 12 Because I understand some of your problems 13 may not be directly out of your place, -- 14 MR. GUZMAN: Um-hum. 15 MAYOR STACK: -- it may be just in the 16 neighborhood there, because there’s other liquor 17 establishments in that area. 18 Right? 19 MR. GUZMAN: Um-hum. Yes, sir. 20 MAYOR STACK: That’s -- 21 MR. GUZMAN: Yeah but my point is -- 22 (Whereupon, Mr. Guzman addressed Mr. Blanch 23 in Spanish.) 24 MR. BLANCH: He’s explaining to me that 25 individuals get into fights inside the bar and he  70 1 finds it somewhat unfair that the individuals go 2 off scot-free because charges aren’t pressed 3 against them but he is the one that suffers the 4 consequences ultimately with suspensions, loss of 5 business, et cetera. 6 MAYOR STACK: The thing I would ask you to 7 do though in the future, when there’s a fight 8 inside the establishment, -- 9 MR. GUZMAN: Um-hum. 10 MAYOR STACK: -- make sure you’re the 11 one -- 12 MR. GUZMAN: Um-hum. 13 MAYOR STACK: -- or the employees that you 14 have, Robert, if you’re not there, -- 15 MR. GUZMAN: Um-hum. 16 MAYOR STACK: -- that they call the Police. 17 MR. GUZMAN: Um-hum. 18 MAYOR STACK: Because that’s important to 19 us -- 20 MR. GUZMAN: Yeah. 21 MAYOR STACK: -- that you’re calling or 22 your management, whoever is running the 23 establishment. 24 MR. GUZMAN: Yeah but every time you call 25 the cops for any incident they want to write a  71 1 report about the bar. 2 One -- before, a couple years ago, one guy 3 said give me a beer I pay you later. I said no. 4 He said you want a fight in your place. 5 I don’t have a backup. 6 MAYOR STACK: Right. I understand -- I 7 understand what you’re saying but just make a 8 record, -- 9 MR. GUZMAN: Um-hum. 10 MAYOR STACK: -- when you can, call the 11 Police, it’s on a taped phone -- 12 MR. GUZMAN: Um-hum. 13 MAYOR STACK: -- and say, listen, I got 14 this problem. 15 Because that’s the kind of stuff that we 16 look at when you come before the Board, who 17 actually called the Police there. 18 MR. GUZMAN: Okay. 19 MAYOR STACK: And we’ll establish a walking 20 post in that area. We’re looking to do it 21 anyway. And I think for a time we had one from 22 25 to 30 Bergenline Avenue. 23 MR. GUZMAN: That’s good for -- 24 MAYOR STACK: And we’ll do that. We 25 definitely will.  72 1 I’m also trying to put in -- by your place 2 you could see it, I put in brighter lights. 3 because we own DPW. 4 MR. GUZMAN: Um-hum. 5 MAYOR STACK: I’m looking to do brighter 6 lights from 30th down to 17th, which is also going 7 to help us with the same problem. 8 MR. GUZMAN: Okay. 9 MAYOR STACK: Okay, I’ll make a motion to 10 accept. 11 MR. FARMER: Okay. 12 ACTING CITY CLERK: Motion made by Mayor 13 Stack. 14 COMMISSIONER RIVAS: Second. 15 ACTING CITY CLERK: Seconded by 16 Commissioner Rivas. 17 Roll call. 18 Commissioner Fernandez? 19 COMMISSIONER FERNANDEZ: Yes. 20 ACTING CITY CLERK: Commissioner Rivas? 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Commissioner Valdivia? 23 COMMISSIONER VALDIVIA: Yes. 24 ACTING CITY CLERK: Commissioner 25 Martinetti?  73 1 COMMISSIONER MARTINETTI: Yes. 2 ACTING CITY CLERK: Mayor Stack? 3 MAYOR STACK: Yes. 4 MR. FARMER: Okay. 5 6 * * * 7 8 ADJOURNMENT: 9 10 ACTING CITY CLERK: There are no further 11 items before the Board of Commissioners this 12 evening. 13 Is there a motion to adjourn? 14 MAYOR STACK: Thank you very much. Thank 15 you. 16 MR. BLANCH: Thank you. 17 MR. GUZMAN: Okay. 18 MAYOR STACK: Thank you very much. 19 COMMISSIONER RIVAS: Motion. 20 ACTING CITY CLERK: Motion made by 21 Commissioner Rivas. 22 COMMISSIONER MARTINETTI: Second. 23 COMMISSIONER FERNANDEZ: Second. 24 ACTING CITY CLERK: Seconded by 25 Commissioner Martinetti.  74 1 Roll call. 2 Commissioner Fernandez? 3 COMMISSIONER FERNANDEZ: Yes. 4 ACTING CITY CLERK: 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 ACTING CITY CLERK: Meeting’s adjourned. 14 MR. FARMER: Thank you and good night. 15 16 (Whereupon, the proceedings were concluded 17 at 7:50 p.m.) 18 19 20 21 22 23 24 25  75 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin Valdivia 5 ________________________ Tilo E. Rivas 6 Board of Commissioners 7 8 Attest: 9 Laura M. Miller, 10 Acting City Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  76 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, February 4, 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