Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Union Hill Middle School 3808 Hudson Avenue Union City, New Jersey February 18, 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 DOMINICK CANTATORE, DEPUTY CITY CLERK SCARINCI HOLLENBECK BY: CHRISTINE M. VANEK, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 4 APPROVAL OF PREVIOUS MEETING MINUTES 4 ORDINANCES FOR HEARING AND ADOPTION 5 CONSENT AGENDA 7 REGULAR AGENDA 15 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 16 APPLICATION REGARDING LIQUOR LICENSE TRANSFER 18 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 20 ADJOURNMENT 37  3 1 ACTING CITY CLERK: Good evening. 2 Everyone, may I please have your attention? 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 18th, 2014, at 6 seven p.m., at Union Hill Middle School, 3808 7 Hudson Avenue, Union City, New Jersey. 8 Will everyone please rise for the Pledge of 9 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. Adequate 17 notice of this meeting has been provided as 18 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.  4 1 2 ROLL CALL: 3 4 ACTING CITY CLERK: Roll call for this 5 evening 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 APPROVAL OF PREVIOUS MEETING MINUTES: 19 20 ACTING CITY CLERK: The first item on the 21 agenda is the approval of previous meeting 22 minutes of the Board of Commissioners’ meeting 23 held on January 23rd, 2014. 24 Is there a motion to approve the minutes? 25 MAYOR STACK: I’ll move it.  5 1 COMMISSIONER MARTINETTI: Second. 2 ACTING CITY CLERK: Motion made by Mayor 3 Stack. 4 Seconded by Commissioner Martinetti. 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 18 ORDINANCES FOR HEARING AND ADOPTION 19 CONSIDERATION: 20 21 ( ) AN ORDINANCE AMENDING CHAPTER 155 OF THE 22 CODE OF UNION CITY ENTITLED “FEES” 23 24 ACTING CITY CLERK: Next on the agenda is 25 an Ordinance for Hearing and Adoption  6 1 Consideration. 2 It is an Ordinance Amending Chapter 155 of 3 the Code of Union City Entitled Fees. 4 MAYOR STACK: Anyone wishing to comment on 5 this Ordinance, please step forward and state 6 your name and address for the record. 7 Seeing none. 8 ACTING CITY CLERK: Motion to close the 9 public hearing on the Ordinance made by Mayor 10 Stack. 11 COMMISSIONER VALDIVIA: Second. 12 ACTING CITY CLERK: Seconded by 13 Commissioner Valdivia. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Yes. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 COMMISSIONER MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  7 1 ACTING CITY CLERK: Is there a motion to 2 adopt the Ordinance? 3 MAYOR STACK: Motion. 4 ACTING CITY CLERK: Motion made by Mayor 5 Stack. 6 COMMISSIONER MARTINETTI: Second. 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Seconded by 9 Commissioner Martinetti. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner Rivas? 14 COMMISSIONER RIVAS: 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  8 1 ( 2) Resolution Approving the Payment of 2 Concurring Claims 3 ( 3) Resolution Approving the City Payroll for 4 the Period of January 28, 2014 through February 5 10, 2014 6 ( 4) Resolution Approving the Library Payroll 7 for the Period of January 28, 2014 through 8 February 10, 2014 9 ( 5) Resolution of the Board of Commissioners of 10 the City of Union City Approving the 2013-2014 11 Renewal of the Rodrianis, Inc. Liquor License No. 12 0910-33-126-006 13 ( 6) Resolution of the Board of Commissioners of 14 the City of Union City Approving the 2013-2014 15 Renewal of the Dos Hijas, LLC Liquor License No. 16 0910-33-176-008 17 ( 7) Resolution Confirming Disciplinary Action 18 against Liquor License No. 0910-33-136-020 held 19 by Plaza Espana, Inc. t/a Plaza Hispana 20 Restaurant Y Bar, 2506 Bergenline Avenue 21 ( 8) Resolution Confirming Disciplinary Action 22 against Liquor License No. 0910-33-137-005 held 23 by El Papaturro t/a El Papaturro, 1018 Summit 24 Avenue 25 ( 9) Resolution Confirming Disciplinary Action  9 1 against Liquor License No. 0910-33-188-004 held 2 by Manhattan Bar & Grill Restaurant Inc. t/a 3 Manhattan Bar & Grill Restaurant, 1711 Manhattan 4 Avenue 5 (10) Resolution Confirming Disciplinary Action 6 against Liquor License No. 0910-33-134-006 held 7 by RG Enterprise Entertainment Inc. t/a Therapy 8 Lounge, 2803 Bergenline Avenue 9 (11) Resolution Confirming Disciplinary Action 10 against Liquor License No. 0910-33-144-010 held 11 by Juanita’s II LLC t/a Juanita’s Restaurant, 12 2904 Bergenline Avenue 13 (12) Resolution Awarding Contract for Recording 14 and Transcription Services 15 (13) Resolution to Authorize Bus Shelters in the 16 City of Union City 17 (14) Resolution Appointing Acting Municipal 18 Clerk 19 (15) Resolution Authorizing Extension of 20 Appointment of Interim Certified Municipal 21 Financial Officer for Union City 22 (16) Resolution Authorizing the Refund of 23 Premium Monies Collected at the Tax Sale 24 (17) Resolution Authorizing Refund of Redemption 25 Monies to Outside Lienholders  10 1 (18) Resolution Authorizing the Refund of a Tax 2 Appeal Issued by the Hudson County Board of 3 Taxation 4 (19) Resolution Authorizing the Refund of a 5 Duplicate Payment 6 (20) Any other matter of City business that may 7 arise 8 9 ACTING CITY CLERK: Next is the Consent 10 Agenda. These are items which can be approved by 11 a single vote. 12 There are 19 items on this evening’s 13 agenda. 14 Number one. 15 Resolution Approving the Payment of Claims. 16 Number two. 17 Resolution Approving the Payment of 18 Concurring Claims. 19 Number three. 20 Resolution Approving the City Payroll for 21 the Period of January 28th, 2014 through February 22 10th, 2014. 23 Number four. 24 Resolution Approving the Library Payroll 25 for the Period of January 28th, 2014 through  11 th 1 February 10 , 2014. 2 Number five. 3 Resolution of the Board of Commissioners of 4 the City of Union City Approving the 2013-2014 5 Renewal of the Rodrianis, Incorporated Liquor 6 License number 0910-33-126-006. 7 Number six. 8 Resolution of the Board of Commissioners of 9 the City of Union City Approving the 2013-2014 10 Renewal of the Dos Hijas, LLC Liquor License 11 number 0910-33-176-008. 12 Number seven. 13 Resolution Confirming Disciplinary Action 14 against Liquor License number 0910-33-136-020 15 held by Plaza Espana, Incorporated, trading as 16 Plaza Hispana Restaurant Y Bar, 2506 Bergenline 17 Avenue. 18 Number eight. 19 Resolution Confirming Disciplinary Action 20 against Liquor License number 0910-33-137-005 21 held by El Papaturro, trading as El Papaturro, 22 1018 Summit Avenue. 23 Number nine. 24 Resolution Confirming Disciplinary Action 25 against Liquor License number 0910-33-188-004  12 1 held by Manhattan Bar and Grill Restaurant 2 Incorporating -- Incorporated, trading as 3 Manhattan Bar and Grill Restaurant, 1711 4 Manhattan Avenue. 5 Number ten. 6 Resolution Confirming Disciplinary Action 7 against Liquor License number 0910-33-134-006 8 held by RG Enterprise Entertainment Incorporated, 9 trading as Therapy Lounge, 2803 Bergenline 10 Avenue. 11 Number 11. 12 Resolution Confirming Disciplinary Action 13 against Liquor License number 0910-33-144-010 14 held by Juanita’s II LLC, trading as Juanita’s 15 Restaurant, 2904 Bergenline Avenue. 16 Number 12. 17 Resolution Awarding Contract for Recording 18 and Transcription Services. 19 Number 13. 20 Resolution to Authorize Bus Shelters in the 21 City of Union City. 22 Number 14. 23 Resolution Appointing Acting Municipal 24 Clerk. 25 Number 15.  13 1 Resolution Authorizing Extension of 2 Appointment of Interim Certified Municipal 3 Financial Officer for Union City. 4 Number 16. 5 Resolution Authorizing the Refund of 6 Premium Monies Collected at the Tax Sale. 7 Number 17. 8 Resolution Authorizing Refund of Redemption 9 Monies to Outside Lienholders. 10 Number 18. 11 Resolution Authorizing the Refund of a Tax 12 Appeal Issued by the Hudson County Board of 13 Taxation. 14 And number 19. 15 Resolution Authorizing the Refund of a 16 Duplicate Payment. 17 MAYOR STACK: Anyone wishing to comment on 18 the Consent Agenda, please step forward, state 19 your name and address for the record. 20 Seeing none. 21 ACTING CITY CLERK: Motion to close public 22 comment made by Mayor Stack. 23 COMMISSIONER RIVAS: Second. 24 ACTING CITY CLERK: Seconded by 25 Commissioner Rivas.  14 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Rivas? 6 COMMISSIONER RIVAS: Yes. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Yes. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Yes. 14 ACTING CITY CLERK: Is there a motion to 15 approve all items on the Consent Agenda? 16 MAYOR STACK: Motion. 17 ACTING CITY CLERK: Motion made by Mayor 18 Stack. 19 COMMISSIONER RIVAS: Second. 20 ACTING CITY CLERK: Seconded by 21 Commissioner Rivas. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas?  15 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 10 REGULAR AGENDA: 11 12 ( 1) Resolution Approving the Redevelopment 13 Agency Payroll for the Period of January 28, 2014 14 through February 10, 2014 15 16 ACTING CITY CLERK: Next is the Regular 17 Agenda. 18 The only item on the Regular Agenda is a 19 Resolution Approving the Redevelopment Agency 20 Payroll for the Period of -- 21 MAYOR STACK: I’ll move it. 22 ACTING CITY CLERK: -- January 28th, 2014 23 through February 10th, 2014. 24 COMMISSIONER RIVAS: I’ll second. 25 MS. VANEK: Mayor, for the record, --  16 1 ACTING CITY CLERK: Motion made by Mayor 2 Stack. 3 MS. VANEK: -- we recommend that 4 Commissioner Fernandez recuse from this item. 5 ACTING CITY CLERK: Second -- the motion 6 was seconded by Commissioner Rivas. 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: Roll call. 9 Commissioner Fernandez; recusing. 10 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 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 21 22 ACTING CITY CLERK: Next on the agenda is 23 an Opportunity for Citizens to Address the Board. 24 MAYOR STACK: Sure. 25 Anyone wishing to address the Board at this  17 1 time please step forward, state your name and 2 address for the record. 3 Seeing none. 4 ACTING CITY CLERK: All right. Motion to 5 close the public comment portion of the meeting 6 made by Mayor Stack. 7 COMMISSIONER VALDIVIA: Second. 8 ACTING CITY CLERK: Seconded by 9 Commissioner Valdivia. 10 Roll call. 11 Commissioner Fernandez? 12 COMMISSIONER FERNANDEZ: Yes. 13 ACTING CITY CLERK: Commissioner Rivas? 14 COMMISSIONER RIVAS: 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  18 1 APPLICATION REGARDING LIQUOR LICENSE 2 #0910-33-129-006 FOR A PLACE TO PLACE TRANSFER OF 3 LIQUOR LICENSE OWNED BY ROGLO, INC., D/B/A LAS 4 AMERICAS, FROM 4116 BERGENLINE AVENUE TO 4509 5 BERGENLINE AVENUE 6 7 ACTING CITY CLERK: Next on the agenda is 8 an Application Regarding Liquor License number 9 0910-33-129-006 for a Place to Place Transfer of 10 Liquor License Owned by Roglo, Incorporated, 11 doing business as Las Americas, from 4116 12 Bergenline Avenue to 4509 Bergenline Avenue. 13 MAYOR STACK: This would be on a 14 restaurant. 15 Am I correct, Christine? 16 MS. VANEK: Yes. Yes. 17 MAYOR STACK: I’ll make a motion to 18 approve. 19 ACTING CITY CLERK: Motion to approve made 20 by Mayor Stack. 21 COMMISSIONER FERNANDEZ: Second. 22 ACTING CITY CLERK: Seconded by 23 Commissioner Fernandez. 24 Roll call. 25 Commissioner Fernandez?  19 1 COMMISSIONER FERNANDEZ: Yes. 2 ACTING CITY CLERK: Commissioner Rivas? 3 COMMISSIONER RIVAS: Yes. 4 ACTING CITY CLERK: 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 13 14 15 16 17 18 19 20 21 22 23 24 25  20 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 Chapin Corp. t/a El Rincon Chapin, 2118 8 Bergenline Avenue 9 4. Dolores Casto (sic) t/a Uno Bar, 3607 New 10 York Avenue 11 12 ACTING CITY CLERK: Final item on the 13 agenda is -- are Liquor License Disciplinary 14 Proceedings. 15 MAYOR STACK: Mr. Farmer? 16 MR. FARMER: Yes. 17 Louie, you ready? 18 MR. L. DIAZ: Yes. 19 20 21 22 23 24 25  21 1 LAR CORP. t/a LA ROCA CORP., 2115 West Street: 2 3 MR. FARMER: Good evening, Mayor and 4 Commissioners. 5 The first one on your agenda is La Roca 6 Corporation, represented by Mr. Diaz. 7 The licensee is here. 8 Correct? 9 MR. L. DIAZ: Yes she is. 10 MR. FARMER: And what it is is a situation 11 where there was an employment of a person who had 12 a criminal record. 13 I’ve spoken to Mr. Diaz about working it 14 out. He indicated to me that the employee did 15 not disclose that he had a record and the 16 licensee didn’t knowingly employ the person; 17 however, the Police reports clearly indicate 18 otherwise. 19 But nevertheless I would recommend a ten 20 day suspension. 21 You have the dates. Give them to me and -- 22 MR. L. DIAZ: Yes. 23 MR. FARMER: -- and we’ll put them in. 24 MR. L. DIAZ: We’ll accept the plea, the 25 ten days.  22 th th th th th 1 We request the 24 , 25 , 26 , 27 , 28 , 2 the 1st, 2nd, 3rd, 4th and the 5th of March. 3 MR. FARMER: Okay, 24th -- 4 MAYOR STACK: That’s the 24th of February, 5 Mr. Diaz? 6 MR. L. DIAZ: Correct. 7 MAYOR STACK: To March 5th? 8 MR. L. DIAZ: Correct. 9 MAYOR STACK: Okay. 10 I’ll make a motion to approve. 11 COMMISSIONER FERNANDEZ: Second. 12 ACTING CITY CLERK: Motion made by Mayor 13 Stack. 14 Seconded by Commissioner Fernandez. 15 Roll call. 16 Commissioner Fernandez? 17 COMMISSIONER FERNANDEZ: Yes. 18 ACTING CITY CLERK: Commissioner Rivas? 19 COMMISSIONER RIVAS: Yes. 20 ACTING CITY CLERK: Commissioner Valdivia? 21 COMMISSIONER VALDIVIA: Yes. 22 ACTING CITY CLERK: Commissioner 23 Martinetti? 24 CHAIRPERSON MARTINETTI: I’m recusing. 25 ACTING CITY CLERK: Commissioner  23 1 Martinetti; recusing. 2 Mayor Stack? 3 MAYOR STACK: Yes. 4 MR. FARMER: Okay. 5 MR. L. DIAZ: Thank you very much. 6 MAYOR STACK: Thank you, Mr. Diaz. 7 (Whereupon, there was a pause in the 8 proceedings.) 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  24 1 2216 BERGENLINE AVE LLC t/a CENTRO BAR, 2216 2 Bergenline Avenue: 3 4 MR. FARMER: Al? 5 MR. ALONSO: Good evening. 6 MR. FARMER: Good evening. 7 Number two on your agenda is Centro Bar. 8 This seems to be a situation where a fight 9 occurred afterhours between two people who had 10 previously been in the establishment. They -- 11 one person had waited for the other person to 12 leave, which was a considerable period of time 13 after they were separated in the bar -- almost to 14 closing, if not after closing. 15 Detective Forte (phonetic), who’s to my 16 right, responded to the scene and made an 17 investigation. I’ve talked to Detective Dunlay 18 about it and everybody acknowledges that the 19 fight did not take place within the bar but 20 rather outside. 21 And given all of those circumstances I 22 would recommend that the matter be dismissed. 23 I just want to say on behalf of the officer 24 who was the investigating officer, that she did a 25 fine job with respect to reporting and assembling  25 1 the information and coming to a conclusion and I 2 appreciate that. 3 MAYOR STACK: Thank you, Officer. Thank 4 you. 5 Mr. Alonso, could -- do you have any -- 6 MR. ALONSO: Yes, for the record, -- 7 MS. DILLON: Your appearance please? 8 MR. ALONSO: Yes, for the record, Alvaro 9 Alonso, Alonso, Navarrete, on behalf of the 10 licensee who’s also present this evening. 11 MAYOR STACK: Okay. 12 Motion to dismiss, Mr. Farmer? 13 MR. FARMER: Yes. 14 COMMISSIONER RIVAS: I’ll second. 15 ACTING CITY CLERK: Okay, motion made by 16 Mayor Stack. 17 Seconded by Commissioner Rivas. 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  26 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 MR. FARMER: Okay. 6 MR. ALONSO: Thank you. Have a good 7 evening. 8 MR. FARMER: Okay. 9 Okay, thanks a lot. 10 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  27 1 EL CHAPIN CORP. t/a EL RINCON CHAPIN, 2118 2 Bergenline Avenue: 3 4 MR. FARMER: The next one on your agenda is 5 El Chapin. 6 This is a situation where there was a 7 fight. 8 Previously you had given them ten days on a 9 similar situation about a year ago. 10 I’ve talked to -- 11 And it was not a little fight. There were 12 a fair number of people involved. 13 But nevertheless we have entered into a 14 recommendation to the Board of 15 days. 15 And I think that’s appropriate given the 16 circumstances surrounding it. And I understand 17 the days are going to be -- 18 You have them. 19 MR. CHICAS: March 4th through the 18th. 20 MR. FARMER: March 4th through March 18th. 21 MAYOR STACK: Do you have anything you’d 22 like to add? 23 MR. CHICAS: That’s it? 24 MS. DILLON: Name for the record? 25 MR. CHICAS: Jose Chicas.  28 1 MR. C. DIAZ: And my name is Christian Diaz 2 (phonetic), representing the law firm of Luis 3 Alum. 4 MAYOR STACK: And he’s had time to seek an 5 attorney’s advice on this? 6 MR. C. DIAZ: Yes. Yeah. 7 MAYOR STACK: He has. Okay. 8 Okay, I’ll make a motion to approve. 9 ACTING CITY CLERK: Motion made by Mayor 10 Stack. 11 COMMISSIONER FERNANDEZ: Second. 12 ACTING CITY CLERK: Seconded by 13 Commissioner Fernandez. 14 Roll call. 15 Commissioner Fernandez? 16 COMMISSIONER FERNANDEZ: Yes. 17 ACTING CITY CLERK: Commissioner Rivas? 18 COMMISSIONER RIVAS: Yes. 19 ACTING CITY CLERK: Commissioner Valdivia? 20 COMMISSIONER VALDIVIA: Yes. 21 ACTING CITY CLERK: Commissioner 22 Martinetti? 23 CHAIRPERSON MARTINETTI: Yes. 24 ACTING CITY CLERK: Mayor Stack? 25 MAYOR STACK: Yes.  29 1 MR. FARMER: Okay. 2 MR. C. DIAZ: Thank you. 3 MAYOR STACK: Thank you very much, 4 gentlemen. 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  30 1 DOLORES CASTO (SIC) t/a UNO BAR, 3607 New York 2 Avenue: 3 4 MR. FARMER: The last one is Castro, Uno 5 Bar. 6 Detective Dunlay here? 7 He’s in the back of the class. Hiding out 8 in the back of the cafeteria. 9 MAYOR STACK: I think he’s waiting for like 10 lunch to be served or dinner back there. 11 MR. FARMER: Yeah. 12 This is Uno Bar, Dolores Castro. 13 DETECTIVE DUNLAY: She’s here right now. 14 MR. FARMER: Okay, let’s bring her up. 15 Oh. 16 This is a licensed premises that is closed 17 at the present time; for whatever reason closed. 18 We didn’t close it but it’s closed. 19 Although it’s a paper violation that 20 appears on your calendar, nevertheless Detective 21 Dunlay has conducted a more extensive 22 investigation concerning the paperwork and things 23 like that and needs a little bit -- both of us 24 need a little bit more time to put it together, 25 so what -- so a proper presentation of whatever  31 1 this licensee is guilty of, or accused of, will 2 be able to be presented. So we don’t do it in a 3 bifurcated way, something tonight and then 4 something a month from now. 5 So I would ask that it just be postponed so 6 that Detective Dunlay can complete his 7 investigation. 8 MAYOR STACK: Sure. No problem. 9 Miss Castro, are you aware of the 10 proceedings, what’s taking place here today? 11 (Whereupon, Detective Dunlay speaks Spanish 12 to Ms. Castro.) 13 MAYOR STACK: No, we got to get -- 14 Justin, could you -- could you come over 15 and maybe translate? 16 (Whereupon, Detective Dunlay speaks Spanish 17 to Ms. Castro.) 18 MAYOR STACK: I appreciate it. 19 Let’s -- Detective, let’s have Justin -- 20 Justin translate. Maybe -- 21 Justin, too, so -- and maybe she wants to 22 seek the advice of an attorney. 23 MR. FARMER: Just as a point, this 24 gentleman -- 25 MAYOR STACK: Justin, --  32 1 MR. FARMER: -- here came to my office 2 representing Uno Bar. So I think there’s some 3 kind of connection between -- 4 MAYOR STACK: Okay. 5 MR. FARMER: And he speaks perfect English. 6 MAYOR STACK: Justin, why don’t you stand 7 on this side. And maybe you can explain if they 8 want to seek the counsel of an attorney. 9 MR. MERCADO: All right. 10 MAYOR STACK: And we’re going to adjourn it 11 today so she’ll have an opportunity to go to an 12 attorney if she’d like to. 13 (Whereupon, Mr. Mercado speaks Spanish to 14 Ms. Castro.) 15 MAYOR STACK: Okay. 16 (Whereupon, Ms. Castro speaks Spanish to 17 Mr. Mercado.) 18 MR. MERCADO: The problem is I don’t have 19 -- I don’t have money to have a -- an attorney to 20 represent me because I’m not doing anything; the 21 place is closed and the building that I have they 22 took it away from me, everything. So I don’t 23 have anything to -- 24 MAYOR STACK: So she’s not going to be 25 reopening the establishment?  33 1 (Whereupon, Mr. Mercado speaks Spanish to 2 Ms. Castro.) 3 (Whereupon, Ms. Castro speaks Spanish to 4 Mr. Mercado.) 5 MR. MERCADO: No because the person who was 6 representing me took everything and -- 7 (Whereupon, Mr. Mercado speaks Spanish to 8 Ms. Castro.) 9 (Whereupon, Ms. Castro speaks Spanish to 10 Mr. Mercado.) 11 MR. MERCADO: The person, he took the 12 building and took the keys from her so she won’t 13 be able to take anything out of the building -- 14 out of the establishment. 15 MAYOR STACK: Okay. 16 MR. MERCADO: So she won’t be able to 17 reopen the place. 18 MAYOR STACK: Okay. 19 Okay. 20 MR. FARMER: If I might? 21 Perhaps I might -- 22 MS. DILLON: One step closer, Mr. Farmer. 23 MR. FARMER: Perhaps I should have a 24 conversation with the licensee that in light of 25 that she may be desirous of selling her --  34 1 retiring her license. 2 MAYOR STACK: Yeah. 3 I would definitely have a conversation. 4 And maybe she could seek the counsel of another 5 attorney. 6 I know she says she doesn’t have the money 7 to do so but, you know, to protect herself and 8 her business, she should probably do that. 9 (Whereupon, Mr. Mercado speaks Spanish to 10 Ms. Castro.) 11 MAYOR STACK: She’ll have -- she’ll have 12 time to think about that. 13 We’re going to adjourn it at this time. 14 (Whereupon, Mr. Mercado speaks Spanish to 15 Ms. Castro.) 16 MR. L. DIAZ: Mayor, if it’s okay with the 17 Board, I will give the applicant a free 18 consultation as a -- 19 MAYOR STACK: That’s fine. 20 MR. FARMER: Okay. 21 MAYOR STACK: I appreciate that. 22 MR. L. DIAZ: I will give you my card -- 23 MAYOR STACK: That would be fine. 24 MR. L. DIAZ: -- and I’ll give her one free 25 consultation and advise her as to what she can  35 1 do, what she cannot do. 2 MR. MERCADO: All right. 3 MAYOR STACK: Justin, can you translate 4 that? 5 (Whereupon, Mr. Mercado speaks Spanish to 6 Ms. Castro.) 7 MAYOR STACK: Do you have a card, Louie, 8 with you? 9 Do you have a card with you? If you can 10 give it to her. 11 It makes things a little bit easier. 12 Okay? We’re going to adjourn it -- we’ll 13 adjourn it right now. 14 MS. CASTRO: (In English) Okay. 15 (Whereupon, Mr. Mercado speaks Spanish to 16 Ms. Castro.) 17 MS. CASTRO: (In English) Okay. Gracias. 18 MAYOR STACK: How long we will adjourn 19 this? Just so Mrs. Castro knows. Will we 20 adjourn it two weeks? A month? 21 DETECTIVE DUNLAY: A month would be fine. 22 MR. FARMER: Month. 23 MAYOR STACK: We’ll adjourn it a month. 24 This way she can get her financial affairs in -- 25 MR. FARMER: Plenty of time.  36 1 MAYOR STACK: -- order; all right? 2 (Whereupon, Mr. Mercado speaks Spanish to 3 Ms. Castro.) 4 MS. CASTRO: (In English) Okay. 5 MR. FARMER: I think that will be March 6 18th. 7 MAYOR STACK: March 18th; that would be 8 fine. 9 MS. CASTRO: (In English) Okay. 10 MAYOR STACK: Okay? 11 (Whereupon, Mr. Mercado speaks Spanish to 12 Ms. Castro.) 13 (Whereupon, Mr. L. Diaz speaks Spanish to 14 Ms. Castro.) 15 MAYOR STACK: Okay? 16 MS. CASTRO: (In English) Okay. Gracias. 17 MAYOR STACK: Thank you, Miss Castro. 18 MR. FARMER: Thank you. 19 MS. CASTRO: (In English) Okay, thank you. 20 MAYOR STACK: Thank you. 21 Thank you, Justin. 22 MR. MERCADO: You’re welcome. 23 MAYOR STACK: Thank you, Mr. Farmer. 24 MR. FARMER: Thank you, Mayor. 25 (Whereupon, Mr. L. Diaz speaks Spanish to  37 1 Ms. Castro.) 2 MAYOR STACK: Mr. Diaz, thank you. 3 Thank you very much, Louie. 4 MR. L. DIAZ: Sure. 5 MAYOR STACK: Thank you. 6 * * * 7 8 ADJOURNMENT: 9 10 ACTING CITY CLERK: All right. There are 11 no other matters before the Board. 12 Is there a motion to adjourn? 13 MAYOR STACK: Motion. 14 COMMISSIONER VALDIVIA: Second. 15 ACTING CITY CLERK: Motion made by Mayor 16 Stack. 17 Seconded by Commissioner Valdivia. 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  38 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 ACTING CITY CLERK: Meeting is adjourned. 6 MAYOR STACK: Thank you very much. 7 Thank you, everyone. 8 9 (Whereupon, the proceedings were concluded 10 at 7:17 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  39 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 10 Laura M. Miller, 11 Acting City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25  40 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 18, 2014, and 10 digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon