Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Jefferson Elementary School 3400 Palisade Avenue Union City, New Jersey Tuesday, May 5, 2015 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, (Left at 7:24 p.m.) MARYURY A. MARTINETTI, COMMISSIONER, (Left at 7:37 p.m.) CELIN J. 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: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: MONICA E. de los RIOS, 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 PLEDGE OF ALLEGIANCE 3 ROLL CALL 3,57 ORDINANCE FOR HEARING AND ADOPTION 4 CONSENT AGENDA 7 ORDINANCE FOR INTRODUCTION 20 REGULAR AGENDA 22,23, 24,25, OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 26 LIQUOR LICENSE TRANSFER HEARING 33,58 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 36 ADJOURNMENT 65  3 1 ACTING CITY CLERK: -- Public Meeting of 2 the Union City Board of Commissioner, being held 3 on Tuesday, May 5th, 2015, at seven p.m., at the 4 Jefferson Elementary School, 3400 Palisade 5 Avenue, Union City, New Jersey. 6 Everyone please rise for the Pledge of 7 Allegiance. 8 9 (Whereupon the Pledge of Allegiance was 10 said.) 11 12 ACTING CITY CLERK: This meeting has been 13 called in accordance with Chapter 231, Public Law 14 of 1975, the Open Public Meeting Act. Adequate 15 notice of this meeting has been provided as 16 follows: 17 Notice of this meeting setting forth the 18 time, date, location, and the agenda, to the 19 extent known, was forwarded to The Jersey 20 Journal, The Record, and The Hudson Reporter, has 21 been posted on bulletin board in City Hall, and 22 has been made available to the public in the 23 office of Municipal Clerk. 24 25 ROLL CALL:  4 1 2 ACTING CITY CLERK: Roll call. 3 Commissioner Fernandez? 4 COMMISSIONER FERNANDEZ: Here. 5 ACTING CITY CLERK: Commissioner Rivas? 6 COMMISSIONER RIVAS: Here. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Here. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 COMMISSIONER MARTINETTI: Here. 12 ACTING CITY CLERK: Mayor Stack? 13 MAYOR STACK: Here. 14 15 ORDINANCES FOR HEARING AND ADOPTION 16 CONSIDERATION: 17 18 1. ORDINANCE REQUIRING PSE&G TO NOTIFY THE 19 UNION CITY POLICE DEPARTMENT WHEN IT RESPONDS TO 20 A GAS LEAK 21 22 ACTING CITY CLERK: First item. 23 Ordinance for Hearing and Adoption 24 Consideration. 25 An Ordinance Requiring PSE&G to Notify the  5 1 Union City Police Department When it Responds to 2 a Gas Leak. 3 MAYOR STACK: What this -- what this 4 Ordinance would do is when PSE&G is told of a gas 5 leak or an odor of gas, -- somebody calls in, a 6 resident calls in says I have an odor of gas in 7 my apartment or my neighborhood, automatically 8 PSE&G, under this Ordinance, would have to call 9 Union City Police. That’s not the case right 10 now. PSE&G just sends somebody out on the gas 11 leak. 12 I’m looking to introducing similar 13 legislation on a statewide basis, not only 14 benefits Union City but benefits the entire 15 state. 16 So if a gas leak is called out -- Libero 17 calls in a gas leak on the 300 block of 9 th 18 Street, Union City Police is automatically 19 called, North Hudson Regional’s called. It’s 20 important that they go out on it to properly 21 ventilate if it’s in somebody’s apartment and 22 make the situation safe, -- 23 COMMISSIONER MARTINETTI: Save time. 24 MAYOR STACK: -- if necessary, and have 25 somebody out at that location until PSE&G arrives  6 1 on the scene. 2 COMMISSIONER MARTINETTI: Save time. 3 MAYOR STACK: Anyone wishing to comment at 4 this time please step forward, state your name 5 and address for the record. 6 Seeing none. 7 ACTING CITY CLERK: None. 8 MAYOR STACK: I’ll make a motion. 9 ACTING CITY CLERK: Is there motion to 10 close public hearing? 11 COMMISSIONER RIVAS: Second. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 Second by Commissioner Rivas. 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? 3 COMMISSIONER MARTINETTI: Motion. 4 COMMISSIONER VALDIVIA: Motion. 5 Second. 6 ACTING CITY CLERK: Motion made by 7 Commissioner Martinetti. 8 Second by Commissioner Valdivia. 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 22 CONSENT AGENDA: 23 24 ( 1) Resolution Approving the Payment of Claims 25 ( 2) Resolution Approving the Payment of  8 1 Concurring Claims 2 ( 3) Resolution Approving the City Payroll for 3 the Period of April 22, 2015 through May 5, 2015 4 ( 4) Resolution Approving the Library Payroll 5 for the Period of April 22, 2015 through May 5, 6 2015 7 ( 5) Resolution Adopting 3501-3511 Palisade 8 Avenue Redevelopment Plan 9 ( 6) Resolution Approving Governing Body 10 Certification of the Annual Audit for State 11 Fiscal Year 2014 12 ( 7) Resolution Requesting Approval of Items of 13 Revenue and Appropriation N.J.S.A. 40A:4-87 14 ( 8) Resolution Approving Fiscal Year 2015 15 Budget for the Community Development Block Grant 16 Program 17 ( 9) Resolution Approving Disciplinary 18 Proceedings Against Milagro Ecuatoriano 19 Restaurant t/a Bambinas Bar & Restaurant, Located 20 at 2906 Bergenline Avenue, Liquor License No. 21 0910-33-040-090 22 (10) Resolution Approving Disciplinary 23 Proceedings Against El Papaturo, Located at 1018 24 Summit Avenue, Liquor License No. 0910-33-137-005 25 (11) Resolution Approving State Contract with  9 1 Beyer Ford for Purchase of 2015 Ford Transit 2 Police Van 3 (12) Resolution Approving Contract for Emergency 4 Standby Snow Plowing/Removal Services 5 (13) Resolution Designating Loading Zone in 6 Front of the Early Childhood Learning Center, 7 Located at 510-35th Street 8 (14) Resolution Authorizing the Adoption of the 9 2014 Hudson County All Hazard Mitigation Plan 10 Update 11 (15) Resolution Approving Re-Naming Part of the 12 300 Block of 15th Street in Honor of Detective 13 Nicholas Guirado 14 (16) Resolution Approving Re-Naming Part of the 15 400 Block of 15th Street in Honor of Sgt. Arthur 16 Mckenna 17 (17) Resolution Approving Re-Naming Part of the 18 500 Block of 15th Street in Honor of Det. Arthur 19 Materka 20 (18) Resolution Approving Re-Naming Part of the 21 600 Block of 15th Street in Honor of Sgt. James 22 Knight 23 (19) Resolution Approving Re-Naming Part of the 24 700 Block of 15th Street in Honor of P.O. Paul 25 Scholtz  10 1 (20) Resolution Approving Re-Naming Part of the 2 800 Block of 15th Street in Honor of Lt. Charles 3 Harm 4 (21) Resolution Authorizing the Acting City 5 Clerk to Advertise for the Receipt of Bids for 6 the “Juan Pablo Duarate Park Sprayground 7 Improvements” Project 8 (22) Resolution Authorizing Refund of Redemption 9 Monies to Outside Lienholders 10 (23) Resolution Authorizing the Refund of 11 Premium Monies Collected at the Tax Sale 12 (24) Resolution Authorizing Payment to the North 13 Hudson Sewage Authority 14 (25) Resolution Authorizing Tax Refund in Tax 15 Appeal Decisions by the Tax Court of New Jersey 16 (26) Any other matter of City business that may 17 arise 18 19 ACTING CITY CLERK: Next item is the 20 Consent Agenda. 21 First item is Resolution Approving the 22 Payments of Claims. 23 Item 2. 24 Resolution Approving the Payment of 25 Concurring Claims.  11 1 Item 3. 2 Resolution Approving the City Payroll for 3 the Period of April 22nd, 2015 through May 5th, 4 2015. 5 Item 4. 6 Resolution Approving the Library Payroll 7 for the Period of April 22nd, 2015 through May 8 5th, 2015. 9 Item 5. 10 Resolution Adopting 3501-3511 Palisade 11 Avenue Redevelopment Plan. 12 Item 6. 13 Resolution Approving Governing Body 14 Certification of the Annual Audit for the State 15 Fiscal Year 2014. 16 Item 7. 17 Resolution Requesting Approval of Items of 18 Revenue and Appropriation N.J.S.A. 40A:4-87. 19 Item 8. 20 Resolution Approving Fiscal Year 2015 21 Budget for the Community Development Block Grant 22 Program. 23 Item 9. 24 Resolution Approving Disciplinary 25 Proceeding Against Milagro Ecuatoriano  12 1 Restaurant, also known as Bambinas Bar and 2 Restaurant, Located at 2906 Bergenline Avenue, 3 Liquor License Number 0910-33-040-090. 4 Item 10. 5 Resolution Approving Disciplinary 6 Proceedings Against El Papaturo, Located at 1018 7 Summit Avenue, Liquor License Number 8 0910-33-137-005. 9 Item 11. 10 Resolution Approving State Contract with 11 Beyer Ford for Purchase of 2015 Ford Transit 12 Police Van. 13 Item 12. 14 Resolution Approving Contract for Emergency 15 Standby Snow Plowing/Removal Services. 16 Item 13. 17 Resolution Designating Loading Zone in 18 Front of the Early Childhood Learning Center, 19 Located at 510-35th Street. 20 Item 14. 21 Resolution Authorizing the Adoption of the 22 2014 Hudson County All Hazard Mitigation Plan 23 Update. 24 Item 15. 25 Resolution Approving Re-Naming Part of the  13 th 1 300 Block of 15 Street in Honor -- in Honor of 2 Detective Nicholas Guirado. 3 Item 16. 4 Resolution Approving Re-Naming Part of the 5 400 Block of 15th Street in Honor of Sergeant 6 Arthur Mckenna. 7 Item 17. 8 Resolution Approving Re-Naming Part of the 9 500 Block of 15th Street in Honor of Detective 10 Arthur Materka. 11 Item 18. 12 Resolution Approving Re-Naming Part of the 13 600 Block of 15th Street in Honor -- in Honor of 14 Sergeant James Knight. 15 Item 19. 16 Resolution Approving Re-Naming Part of the 17 700 Block of 15th Street in Honor -- in Honor of 18 Police Officer Paul Scholtz. 19 Item 20. 20 Resolution Approving Re-Naming Part of the 21 800 Block of 15th Street in Honor -- in Honor of 22 Lieutenant Charles Harm. 23 Item 21. 24 Resolution Authorizing the Acting City 25 Clerk to Advertise for Receipt of Bids for the  14 1 Juan Pablo Duarate Park Sprayground Improvement 2 Project. 3 Item 22. 4 Resolution Authorizing Refund of Redemption 5 Monies to Outside Lienholders. 6 Item 23. 7 Resolution Authorizing the Refund of 8 Premium Money Collected at Tax Sale. 9 Item 24. 10 Resolution Authorizing Payment to the North 11 Hudson Sewage Authority. 12 Item 25. 13 Resolution Authorizing Tax Refund in Tax 14 Appeal Decision by the Tax Court of New Jersey. 15 Mayor, do you wish to take public comment 16 on any items on the Consent Agenda? 17 MAYOR STACK: Yes. 18 Just before we do, I would just like to 19 recognize on Resolutions 15, 16, 17, 18, 19 and 20 20, in honor of the police officers named by the 21 City Clerk, this will be on 15 Street going from 22 Palisade over to Kennedy Boulevard, naming 23 streets of police officers who died in the line 24 of duty in the City of Union City over the years 25 going way back.  15 1 Each street will be named after each police 2 officer. We felt this would be a fitting 3 tribute. We do have a small police museum on -- 4 on the 400 block at the Musto Cultural Center, on 5 the 400 block of 15 Street. We’ll be doing this 6 during Police Week also. Fifteen Street, from 7 Palisade to Bergenline, is already repaved, new 8 sidewalks put in, tree planting. 9 We’re now doing the remainder from 10 Bergenline to Kennedy, in which we’re doing 11 extensive work to the street, to the sidewalks, 12 new decorative lighting. 13 So we felt it would be a fitting tribute. 14 It would also make the entire community aware of 15 those police officers that gave up their life in 16 the line of duty. 17 I mean just look at what’s happening right 18 now in New York City with a police officer losing 19 his life yesterday. I think sometimes we could 20 take that for granted, when an individual takes 21 the oath of office to be a police officer or in 22 the line of public safety, how much they really 23 do put their life on the line for all of us. 24 And I think this would be a fitting tribute 25 more for our children in our community to look up  16 1 to those police officers. Exactly what we’ve 2 been trying to do in the City of Union City, 3 recognize their contributions to our community. 4 Also on the agenda is the advertisements 5 for Juan Pablo Duarte Sprayground Improvements. 6 We’re putting a pirate ship in Duarte Park on 33 rd 7 and New York Avenue; also a large helicopter for 8 the children. 9 We continue to enhance our parks to make it 10 much safer for our children to have a place to 11 play, a safe place to play. It keeps our 12 children off the street out of harm’s way. It 13 keeps them out of trouble. And many of our 14 children are very, very poor in the community, 15 they can’t afford to go away, so our parks are 16 really only -- the only safe haven that they 17 have, along with our school system. 18 So having said that, anyone wishing to make 19 public comment at this time please step forward, 20 state your name and address for the record. 21 Seeing none. 22 ACTING CITY CLERK: Is there a motion to 23 close public comment? 24 MAYOR STACK: Motion. 25 ACTING CITY CLERK: Motion --  17 1 COMMISSIONER VALDIVIA: Second. 2 ACTING CITY CLERK: -- by Mayor Stack. 3 Second by Commissioner Valdivia. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Before voting, 7 Clerk, I would like to commend the Mayor on 8 naming the streets after the police officers but 9 also taking the time to make this a day where we 10 commemorate police -- National Police Week. 11 And we’re bringing our police force to talk 12 to the kids, interact with the families, which is 13 so important in lieu of what just happened in 14 Missouri and what’s happened in Baltimore, the 15 police officer losing his life in New York City. 16 We don’t have any problems in Union City -- 17 the police with the community because of the 18 Police Community Meetings and police canvassing 19 the areas. It’s a great relationship but we want 20 to stress that relationship with the community 21 and the kids especially. 22 And I commend the Mayor for taking the 23 initiative of having this event for the community 24 to get to know their local police officers. So, 25 thank you, Mayor.  18 1 Yes. 2 MAYOR STACK: Thank you, Commissioner. 3 Commissioner, just for the public’s 4 edification, when -- when will that be? 5 Police Week I know is the week of the 11 th. 6 COMMISSIONER FERNANDEZ: That will be -- 7 MAYOR STACK: And the different events that 8 we’re having? 9 COMMISSIONER FERNANDEZ: Yeah, that’s 10 Wednesday the 13th, beginning at six p.m., on 15th 11 Street at the William V. Musto Cultural Center 12 and down 15th Street as well. 13 Yes, sir. 14 MAYOR STACK: Thank you. 15 ACTING CITY CLERK: Commissioner -- 16 Roll call. 17 Commissioner Fernandez? 18 Yes. 19 Commissioner Rivas? 20 COMMISSIONER RIVAS: Abstain on 14; aye on 21 the rest. 22 ACTING CITY CLERK: Fourteen; and aye on 23 the rest. 24 Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  19 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: I’m recusing from 4 page 1, payment to Adolfo Lopez; aye on the rest. 5 COMMISSIONER FERNANDEZ: Clerk, I’m sorry, 6 I -- in talking about the Police Week I got 7 overly excited and forgot to recuse from certain 8 items. 9 I’m going to recuse from number 5, as it 10 pertains to Redevelopment Plan. I’m also going 11 to recuse on number 8, as it approves (sic) to 12 CDA. And number 13 as it pertains to the Early 13 Childhood Center. 14 Otherwise, yes on all. 15 ACTING CITY CLERK: Yes to the rest. 16 COMMISSIONER FERNANDEZ: Thank you, sir. 17 ACTING CITY CLERK: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: I’m recusing from 20 item -- from page 1, payment to Adolfo Lopez; aye 21 on the rest. 22 Mayor Stack? 23 MAYOR STACK: Yes on all. 24 ACTING CITY CLERK: Is the motion to adopt 25 -- to approve all items on the Consent Agenda.  20 1 COMMISSIONER VALDIVIA: Motion. 2 ACTING CITY CLERK: Motion made by 3 Commissioner Valdivia. 4 MAYOR STACK: Second. 5 ACTING CITY CLERK: Seconded by Mayor 6 Stack. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: Yes with the 10 recusals put on the record. 11 ACTING CITY CLERK: Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes with the recusal 13 previously. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes with the 19 recusals noted. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 23 ORDINANCE(S) FOR INTRODUCTION: 24 25 ( ) AN ORDINANCE AMENDING CHAPTER 386 OF THE  21 1 CODE OF THE CITY OF UNION CITY ENTITLED “TAXI 2 CABS” 3 4 ACTING CITY CLERK: Next item is an 5 Ordinance for Introduction. 6 This Ordinance will be further considered 7 at a meeting of the Board of Commissioners to be 8 held on May 19, 2015, at seven p.m. at the Bruce 9 D. Walter Recreation Center, 507 West Street, 10 Union City, New Jersey. 11 An Ordinance Amending Chapter 386 of the 12 Code of the City of Union City Entitled Taxi 13 Cabs. 14 MAYOR STACK: I’ll move it. 15 ACTING CITY CLERK: Motion made by Mayor 16 Stack. 17 COMMISSIONER MARTINETTI: Second. 18 ACTING CITY CLERK: Second by Commissioner 19 Martinetti 20 Roll call. 21 Commissioner Fernandez? 22 COMMISSIONER FERNANDEZ: Yes. 23 ACTING CITY CLERK: Commissioner Rivas? 24 COMMISSIONER RIVAS: Yes. 25 ACTING CITY CLERK: Commissioner Valdivia?  22 1 COMMISSIONER VALDIVIA: Yes. 2 ACTING CITY CLERK: Commissioner 3 Martinetti? 4 COMMISSIONER MARTINETTI: Yes. 5 ACTING CITY CLERK: Mayor Stack? 6 MAYOR STACK: Yes. 7 8 REGULAR AGENDA: 9 10 1. Resolution Approving the Redevelopment 11 Agency Payroll for the Period of April 22, 2015 12 through May 5, 2015 13 14 ACTING CITY CLERK: Next item is the 15 Regular Agenda. 16 First item is Resolution Approving the 17 Redevelopment Agency Payroll for the Period of 18 April 22nd, 2015 through May 5th, 2015. 19 COMMISSIONER MARTINETTI: Motion. 20 ACTING CITY CLERK: Motion made by 21 Commissioner Martinetti. 22 COMMISSIONER VALDIVIA: Second. 23 ACTING CITY CLERK: Second by Commissioner 24 Valdivia. 25 Roll call.  23 1 Commissioner Fernandez; recusing. 2 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 REGULAR AGENDA: 13 14 2. Resolution Authorizing the Local Unit’s 15 Participation in the Pooled Note Financing 16 Program of the Hudson County Improvement 17 Authority 18 19 ACTING CITY CLERK: Item 2. 20 Resolution Authorizing the Local Unit’s 21 Participation in the Pooled Note Financing 22 Program of the Hudson County Improvement 23 Authority. 24 MAYOR STACK: I’ll move it. 25 ACTING CITY CLERK: Motion made by Mayor  24 1 Stack. 2 COMMISSIONER FERNANDEZ: Second. 3 ACTING CITY CLERK: Second by Commissioner 4 Fernandez. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER FERNANDEZ: Yes. 8 ACTING CITY CLERK: Commissioner Rivas; 9 recusing. 10 Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti; recusing. 14 Mayor Stack? 15 MAYOR STACK: Yes. 16 17 REGULAR AGENDA: 18 19 3. Resolution Authorizing Payment of Claim to 20 the Union City Board of Education 21 22 ACTING CITY CLERK: Item 3. 23 Resolution Authorizing Payment of Claim to 24 the Union City Board of Education. 25 MAYOR STACK: I’ll move it.  25 1 ACTING CITY CLERK: Motion made by Mayor 2 Stack. 3 COMMISSIONER RIVAS: Second. 4 ACTING CITY CLERK: Second by Commissioner 5 Rivas. 6 Roll call. 7 Commissioner Fernandez; recusing. 8 Commissioner Rivas? 9 COMMISSIONER RIVAS: Yes. 10 ACTING CITY CLERK: Commissioner Valdivia? 11 COMMISSIONER VALDIVIA: Yes. 12 ACTING CITY CLERK: Commissioner 13 Martinetti; recusing. 14 Mayor Stack? 15 MAYOR STACK: Yes. 16 17 REGULAR AGENDA: 18 19 4. Resolution Approving Shared Service 20 Agreement with the Union City Board of Education 21 for Use of the Facility at 2214 Kennedy Boulevard 22 23 ACTING CITY CLERK: Item 4. 24 Resolution Approving Shared Service 25 Agreement with the Union City Board of Education  26 1 for Use of the Facility at 2214 Kennedy 2 Boulevard. 3 MAYOR STACK: I’ll move it. 4 ACTING CITY CLERK: Motion made by Mayor 5 Stack. 6 COMMISSIONER RIVAS: Second. 7 ACTING CITY CLERK: Second by Commissioner 8 Rivas. 9 Roll call. 10 Commissioner Fernandez; recusing. 11 Commissioner Rivas? 12 COMMISSIONER RIVAS: Yes. 13 ACTING CITY CLERK: Commissioner Valdivia? 14 COMMISSIONER VALDIVIA: Yes. 15 ACTING CITY CLERK: Commissioner 16 Martinetti; recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 20 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 21 22 ACTING CITY CLERK: Mayor, do you wish to 23 take public comment at this time on any item -- 24 MAYOR STACK: Sure. 25 ACTING CITY CLERK: -- on the -- on the  27 1 Regular Agenda? 2 MAYOR STACK: Sure. 3 Anyone wishing to comment at this time 4 please step forward, state your name and address 5 for the record. 6 Mr. Marotta? 7 You could just step maybe right over here, 8 Libero. 9 Oh, you got it right here. Sure. 10 MS. DILLON: I have one. Right here, Mr. 11 Marotta. 12 MAYOR STACK: I’m sorry. 13 MS. DILLON: Okay. 14 MR. MAROTTA: Libero Marotta, 311 9th 15 Street. 16 Mayor and Commissioners, I’ve been here 17 before and unfortunately I have to come back here 18 again. It’s in relation to the Board of 19 Adjustment. 20 And the reason I’m here -- and I say it’s 21 unfortunate -- is because whatever comments I 22 make to the members of the Board of Adjustment 23 seems to fall on deaf ears. 24 Okay, so I’m coming here to bring to your 25 attention what’s happening.  28 1 Number one, the Board of Adjustment is 2 supposed to protect the people of Union City. 3 They’re supposed to protect the Ordinance. 4 The Chairman of the Board of Adjustment 5 should not become a witness and give testimony on 6 behalf of the applicant. And that’s what’s 7 happening. 8 All right? 9 I’ll give you a couple of examples. 10 I attended a meeting, there was a project 11 of a four story, nine-unit building in a low 12 residential area. All right? After the 13 architect starts testifying, the Chairman gets 14 into a discussion with him as to the design of 15 the building. The Chairman tells him, well what 16 about the canopy, why don’t we do it this way. 17 And I don’t like what’s on 14 th Street and I don’t 18 like what’s on 30th Street. 19 I got a transcript of all this. 20 Well, we won’t do that. 21 Oh, yeah, we’ll make this -- 22 In other words, without hearing the 23 testimony the project is approved. He’s making 24 suggestions to him. That’s not right. Number 25 one.  29 1 Number two, we’re an old city. Okay? Now 2 I don’t know if the members of the Board 3 understand what a non-conforming use -- a pre- 4 existing non-conforming use means. I don’t know 5 if they understand that. 6 But one of the tactics of a planner -- 7 who’s been there for years, I’ve seen -- he uses 8 the same thing for the last ten years in my 9 opinion -- you could put this four story building 10 in this low residential area because down the 11 street there’s a five story building. 12 So what? 13 He doesn’t say that’s a pre-existing five 14 story building that might have been constructed 15 60 or 70 years ago before we had the zoning. 16 The purpose of our master plan -- the 17 purpose of our zoning ordinance is not to permit 18 that type of construction. 19 What -- what does -- what does the Chairman 20 do? 21 The Chairman says, oh yeah, on the north 22 side of 3rd Street there’s a four story building. 23 And now he becomes the witness. 24 And the planner becomes the Chairman. 25 Because then the planner says, yeah, you’re  30 1 right. 2 And then the Chairman says, and on 5th 3 Street there’s another higher -- apartment 4 building. 5 He says, you’re right. 6 Then what the -- then he -- then he blows 7 smoke at the Chairman. He says, -- and the 8 Chairman says, and that’s a brick building, well 9 construction. What a memory. What a memory. 10 Then what the Chairman says is I have no 11 more questions. 12 What questions? 13 Mayor, another example. 14 There’s a recent member of the Board, okay, 15 -- a matter is called before the Board. It’s a 16 new -- a new member of the Board and it’s going 17 to be adjourned; there’s a motion to adjourn the 18 hearing. And they take a vote and this new 19 member of the Board votes no. 20 Now the Chairman asks -- asks him why? Why 21 did you vote no? 22 Number one, you don’t ask a question unless 23 you’re pretty sure what answer you’re going to 24 get. So it’s a stupid question; why did you vote 25 no?  31 1 You know what answer he got? Let them 2 build. 3 We’re not hearing the application; let them 4 build. 5 Mayor, please let’s do something. Okay? 6 You know I cry when I go there. Because, you 7 know, I was born in this City. I live downtown. 8 All right? It’s not right. So let’s make some 9 changes over there. 10 Thank you. 11 MAYOR STACK: Thank you, Mr. Marotta. 12 Anyone else wishing to comment at this 13 time? 14 Seeing no other. 15 ACTING CITY CLERK: Is there a motion to 16 close the public comment portion of this meeting. 17 COMMISSIONER VALDIVIA: Motion. 18 MAYOR STACK: Motion. 19 ACTING CITY CLERK: Motion by Mayor Stack. 20 Second by Commissioner Valdivia. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  32 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  33 1 LIQUOR LICENSE TRANSFER HEARING 2 APPLICATION REGARDING LIQUOR LICENSE 3 # 0901-44-004 FOR A PERSON TO PERSON TRANSFER 4 (FROM INTERNATIONAL LIQUOR AND BEVERAGES 5 WHOLESALERS, INC. TO SAPAN SPIRIT LLC) 6 7 ACTING CITY CLERK: Next item is a Liquor 8 License Transfer Hearing. 9 Application Regarding Liquor License Number 10 0901-44-004 for a Person to Person Transfer from 11 International Liquors and Beverages Wholesalers, 12 Inc. to Sapan Spirit, LLC. 13 MS. de los RIOS: Is counsel present? 14 MR. WOLFBERG: Yes. Matthew Wolfberg 15 representing the seller, -- 16 MS. DILLON: Sir, -- 17 MAYOR STACK: What’s the address? 18 MS. DILLON: -- you’ve got to come 19 forward. 20 MAYOR STACK: What’s the address? 21 ACTING CITY CLERK: I don’t have -- 22 Do you have the address? 23 Oh, this -- this is the transfer. 24 MAYOR STACK: What’s the address? 25 MS. de los RIOS: I have it.  34 rd 1 MAYOR STACK: This is on 43 . 2 Right? 3 MS. de los RIOS: It’s on 43rd. I have the 4 exact address. 5 Do you have the exact -- the exact address, 6 counsel? 7 COMMISSIONER VALDIVIA: Wants the bigger 8 liquor store. 9 MAYOR STACK: 114, I think. 10 MR. WOLFBERG: 126 43rd Street. 11 MS. de los RIOS: Thank you. 12 MAYOR STACK: You could proceed, sir. 13 MR. WOLFBERG: All right. The purchaser’s 14 attorney is stuck in the Lincoln Tunnel. 15 This is our application. We’re trying to 16 sell this business. 17 The buyer, Prashant Patel, is sitting over 18 there. He’s owned two other liquor stores 19 before. He’s an experienced storekeeper and I 20 don’t see any reason why his transfer should not 21 be allowed. 22 MAYOR STACK: What will be the hours of 23 operation? 24 Why don’t you have your client -- why don’t 25 you have him step forward.  35 1 MS. de los RIOS: He’s not his -- 2 MR. WOLFBERG: He’s not my client. I’m 3 just pitching in because his lawyer is -- 4 MAYOR STACK: Do you -- 5 MR. WOLFBERG: -- stuck in the Lincoln 6 Tunnel. 7 MAYOR STACK: Do you want to wait for your 8 attorney before you proceed, sir? 9 MR. PATEL: He’s going to be like ten, 15 10 -- 11 MAYOR STACK: All right. 12 You know what we’ll do? We’ll call this 13 application -- 14 We have other matters, right? 15 ACTING CITY CLERK: Yup. 16 MS. de los RIOS: Yes we do. 17 ACTING CITY CLERK: Liquor License 18 Disciplinary -- 19 MAYOR STACK: So, we’ll -- we’ll call this 20 application last. 21 Okay? 22 MR. PATEL: Thank you. 23 MAYOR STACK: This way we’ll wait for him 24 to arrive. 25 * * *  36 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. R.G. Miranda Corp. t/a El Cuco, 516 Kennedy 4 Boulevard, Liquor License No. 0910-33-141-005 5 2. Uno Bar t/a Uno Bar, 3607 New York Avenue, 6 Liquor License No. 0910-33-108-004 7 3. 2216 Bergenline Avenue LLC t/a Centro Bar, 8 2216 Bergenline Avenue, Liquor License No. 9 0910-33-166-004 10 4. (ADD ON) Adoro Café & Lounge, A&C 2004 11 Corporation t/a Adoro Café and Lounge, 414 38th 12 Street, Liquor License No. 0910-33-149-005 13 14 ACTING CITY CLERK: Next item is Liquor 15 License Disciplinary Proceeding. 16 Mr. Farmer? 17 MR. FARMER: Yes. 18 MS. DILLON: Over here, Mr. Farmer. 19 MS. VERGARA: How are you? 20 MS. DILLON: Hi. Right over here. 21 MS. VERGARA: Christina Vergara, from 22 Alonso and Navarrete. 23 MS. DILLON: Do you have a card? 24 MS. VERGARA: I do not have a card on me, 25 I’m sorry.  37 1 MS. DILLON: I’m sorry, I didn’t get your 2 name. 3 MS. VERGARA: I’ll give you my name. 4 Want me to write it down for you? 5 MS. DILLON: Tell me what it is. 6 MS. VERGARA: Christina with a C-H. Middle 7 initial A. 8 MS. DILLON: Um-hum. 9 MS. VERGARA: Vergara, V-E-R-G-A-R-A. 10 MS. DILLON: G? 11 MS. VERGARA: -- G-A-R-A. 12 MS. DILLON: With a firm? 13 MS. VERGARA: Yes. Alonso and Navarrete. 14 MS. DILLON: Okay. 15 Thank you. 16 But just over here by the microphone. 17 MR. FARMER: You’re talking into that. 18 MS. DILLON: You’re being recorded. 19 (Whereupon, there was a pause in the 20 proceedings.) 21 MR. FARMER: Good evening, members of the 22 Board. 23 We have three listed on the agenda and 24 there’s going to be an add-on. 25 But the first and third ones are  38 1 represented by Mr. Alonso’s office and as you’ve 2 just heard a representative of Mr. Alonso’s 3 office is here. 4 * * * 5 6 R.G. MIRANDA CORP. t/a EL CUCO, 516 Kennedy 7 Boulevard 8 Liquor License No. 0910-33-141-005 9 10 MR. FARMER: We have -- the first one is El 11 Cuco. 12 El Cuco is a situation where we have about 13 two or three -- three paper violations and 14 unnecessary noise and there was a fight. 15 We’ve watched the video of the fight and 16 really wasn’t much of a fight in the sense that 17 it was sparked at a pool table, the bouncers 18 immediately responded, escorted the fellow out of 19 the bar, and that was it. 20 And, by the way, the video that we saw was 21 a video that was installed as a result of our 22 requiring El Cuco to have video as a condition of 23 their license. So, in a sense it kind of really 24 helped the licensee. 25 The other part of it is there were some  39 1 charges of unnecessary noise. Now the 2 unnecessary noise complaints were dismissed at 3 the municipal court level and I kind of -- not 4 kind of, I did personally speak with the 5 complainant who indicted to me -- 6 And by the way he was the only complainant 7 about the noise. 8 -- indicated to me that he and the licensee 9 have resolved their differences and that they 10 have this routine, whereas if he feels -- 11 And his house is in close proximity to the 12 licensed premises. 13 -- if he feels that the noise is bothering 14 him, he calls her and she immediately turns down 15 the noise. And that seems to have been what has 16 taken place in the last few months. 17 So that situation seems to have resolved 18 itself on its own. 19 And -- but we do have the paper violations 20 and there are a couple of those. And I’ve spoken 21 with counsel with -- for a global settlement of 22 all the charges and we’ve agreed that there would 23 be a one week suspension, seven days. And 24 they’re going to -- they don’t have the days that 25 they wish but they will tell me what they are  40 1 over the next week or so, so they’ll be able to 2 be presented to you by resolution in the next 3 meeting on May 19th. 4 I think a one week suspension with the 5 charges that we have, which is a questionable 6 fight, noise being resolved, and the paper 7 violations, I would recommend that you accept it. 8 I’ve spoken to counsel; she has agreed to 9 accept that on behalf of her client with the 10 conditions that there’d be no appeal and no -- 11 and no application to the State to convert the 12 suspensions into a fine. 13 MAYOR STACK: Mr. Farmer, when you say that 14 they’re going to get back to you on the dates, 15 you always do that within the next month or so 16 though. 17 Right? 18 MR. FARMER: Oh, yeah. 19 MAYOR STACK: Okay. 20 MR. FARMER: It will be done by the time 21 when we reconvene on May 19th. 22 MAYOR STACK: Okay. 23 MS. VERGARA: It will be. By way of 24 letter. 25 MAYOR STACK: Okay very good. Okay.  41 1 MS. VERGARA: Okay? 2 MR. FARMER: Do you agree? 3 MS. VERGARA: Yes, we agree to all the 4 conditions, to the seven days on suspension, 5 including a weekend. 6 My client doesn’t speak English. But 7 however she has been told and does agree to all 8 the conditions and to a seven day suspension. 9 MAYOR STACK: Okay, and she understands 10 what we’re doing today? 11 MS. VERGARA: Yes she does. 12 MAYOR STACK: Okay. Great. 13 Okay. 14 I’ll make a motion. 15 16 (Whereupon Commissioner Fernandez left the 17 meeting at 7:24 p.m.) 18 19 ACTING CITY CLERK: Motion made by Mayor 20 Stack. 21 COMMISSIONER RIVAS: Yes. 22 ACTING CITY CLERK: Second by Commissioner 23 Rivas. 24 Roll call. 25 Commissioner Fernandez?  42 1 He left. 2 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: I’m recusing. 9 ACTING CITY CLERK: Commissioner Martinetti 10 recusing. 11 MAYOR STACK: Thank you. 12 MS. VERGARA: Thank you. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  43 1 2216 BERGENLINE AVENUE LLC t/a CENTRO BAR, 2216 2 Bergenline Avenue 3 Liquor License No. 0910-33-166-004 4 5 MR. FARMER: If we could just jump to 6 number 3, which is Centro Bar, represented by Mr. 7 Alonso’s office as well. 8 MS. VERGARA: Christina Vergara from Alonso 9 and Navarrete on behalf of El Centro Bar. 10 Mario Gutierrez, the owner, is present here 11 to my left. 12 MR. FARMER: This is a paper violation. 13 And what this is all about is this. 14 There was somebody not on the E-141 form 15 that is required to be kept by the licensee and 16 the situation with respect is this. 17 There was a deejay who was working at the 18 licensed premises. The deejay was on the E-141. 19 However he had with him, for lack of a better 20 phrase I guess, an apprentice. Showing him how 21 to work the treble and the base and the volume, I 22 guess. And the police came in and they asked is 23 he on the E-141 and obviously he was not. 24 In light of those circumstances we 25 generally ask for a three day suspension. I  44 1 would recommend a two day suspension. And 2 counsel is in agreement with that. And indeed 3 counsel gave me the two days, subject to your 4 approval obviously, of June 2 nd and June 3rd. 5 MAYOR STACK: Okay. 6 The thing -- the thing I ask about this 7 location, if we can just make sure that there’s 8 an understanding, is now with the summer coming 9 that nobody hangs out in front of the 10 establishment, on the side of the establishment 11 on 22nd, and that the music be kept down. 12 Because every year it’s a constant 13 complaint with the people who live between New 14 York Avenue and Bergenline because I get the 15 calls at 1:30 in the morning. 16 And the Police Department, I know, has 17 received a number of calls. Lieutenant Loaces 18 who was here earlier, receives a number of calls 19 also. 20 We control the music and the people hanging 21 outside; that’s all I ask. 22 MR. GUTIERREZ: No, the music -- 23 MS. DILLON: Your name, sir? 24 MAYOR STACK: If you could just enter your 25 name, sir.  45 1 MS. DILLON: Right here. 2 MR. GUTIERREZ: Mario Gutierrez. 3 MS. DILLON: I’m sorry? 4 MR. GUTIERREZ: Mario Gutierrez. 5 MS. DILLON: Spell your last name. 6 MR. GUTIERREZ: G -- I don’t know how to 7 spell it. 8 Maybe. 9 The -- got a couple bar over there in the 10 area. The people just walk across to the -- you 11 know the bar, the 22nd and the 24, -- 12 MAYOR STACK: Right. 13 MR. GUTIERREZ: -- the peoples cross to in 14 the front of the bar. All peoples there they no 15 coming to my bar. 16 MAYOR STACK: Just though if you see that, 17 if you see hanging out and they’re coming from 18 the other bar, do me a favor, call the police and 19 we’ll take that into consideration. 20 We don’t want to penalize you; we just want 21 you to cooperate with the police and just run a 22 good establishment. 23 MR. GUTIERREZ: Yeah. 24 MAYOR STACK: That’s all we’re looking for. 25 MS. VERGARA: They just want to make sure  46 1 the noise level -- 2 MR. GUTIERREZ: Yeah, yeah, yeah. 3 MS. VERGARA: -- is kept down. 4 Okay? 5 MR. GUTIERREZ: Yeah. 6 MAYOR STACK: If you’re seeing that there’s 7 noise -- if you’re seeing that they’re coming 8 from there and standing out -- which I can 9 understand, just call the police and let us know 10 so we can handle that. 11 MR. GUTIERREZ: Yeah because I think the 12 people sometimes park in the front of the bar, -- 13 MAYOR STACK: Right. 14 MR. GUTIERREZ: -- they go to another bar, 15 we come in the morning, -- 16 MAYOR STACK: Sure. 17 MR. GUTIERREZ: -- and the car -- they put 18 the music high. Just so you know, because the 19 people no come in the bar -- 20 MAYOR STACK: Sure. 21 MR. GUTIERREZ: -- my bar. 22 MAYOR STACK: Just if you could help us. 23 MR. GUTIERREZ: All right. 24 MAYOR STACK: All right? 25 I appreciate that, Mario.  47 1 Thank you. 2 I’ll make a motion to approve. 3 COMMISSIONER VALDIVIA: Second. 4 ACTING CITY CLERK: Motion made by Mayor 5 Stack. 6 Second by Commissioner Valdivia. 7 Roll call. 8 Commissioner Fernandez left. 9 Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Recusing. 16 ACTING CITY CLERK: Recusing. 17 Mayor Stack? 18 MAYOR STACK: Yes. 19 MR. FARMER: Okay. 20 MS. VERGARA: Thank you. 21 Thank you. 22 * * * 23 24 25  48 1 UNO BAR t/a UNO BAR, 3607 New York Avenue 2 Liquor License No. 0910-33-108-004 3 4 MR. FARMER: The next one we have -- 5 Excuse me. 6 (Whereupon, there was a pause in the 7 proceedings.) 8 MR. FARMER: The next one we have is Uno 9 Bar. 10 And this is again a paper violation. 11 Police went there. There was an incomplete 12 141-A. That’s the form where you have to list 13 all your employees. 14 And Mr. Diaz is here representing the 15 licensee. 16 We normally, as tradition has, imposed a 17 three day suspension. I’ve recommended that in 18 the past; I would recommend that this evening. 19 And I’ve talked to Mr. Diaz about it and we’ve 20 established, subject to your approval obviously, 21 June 8th, 9th and 10th. 22 MR. DIAZ: Good evening, Board members. 23 Luis Diaz for the applicant. I have spoken 24 with -- 25 MS. DILLON: Just step forward, Mr. Diaz.  49 1 MR. DIAZ: -- with my client and I had 2 explained the -- the charges and the suggested 3 penalty and she accepts that. And I forward that 4 acceptance to Mr. Farmer. 5 MAYOR STACK: Mr. Diaz, the only -- the 6 only concern I have here is that -- that your 7 client is actually running the establishment or 8 does she have anybody else running this 9 establishment? 10 MR. DIAZ: I have spoken with my client a 11 few times and I think the first time was about a 12 year and change ago. It was one of these 13 meetings and I offered to -- to do -- 14 MAYOR STACK: I remember. 15 MR. DIAZ: -- to do some help and try to -- 16 Now since that time she has come to see me 17 back and forth. As a matter of fact I spoke with 18 Miss del Rio (sic) maybe four months ago, five 19 months ago; I had not been retained. I am 20 retained now, so I’m going to indulge myself in 21 the -- in the affairs of the place and try to 22 straighten things out and make sure that they’re 23 run properly. 24 MAYOR STACK: What I would just like just 25 to -- if you could, if you could just relate this  50 1 to your client, just to make sure that she’s 2 actually running the establishment or who the 3 management is of the establishment. I just have 4 a concern there. 5 MR. DIAZ: I will do that. 6 MAYOR STACK: Thank you very much. 7 And, Mr. Farmer, your recommendation on 8 this one? 9 MR. FARMER: Three days. 10 MAYOR STACK: Okay. 11 ACTING CITY CLERK: Is there a motion? 12 MAYOR STACK: Mr. Farmer’s recommendation 13 of three days, I’ll make a motion to approve that 14 recommendation. 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 left. 22 Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  51 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 COMMISSIONER MARTINETTI: Recusing. 4 ACTING CITY CLERK: Recusing. 5 Mayor Stack? 6 MAYOR STACK: Yes. 7 MR. DIAZ: Thank you very much. 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  52 1 ADORO CAFÉ & LOUNGE, A&C 2004 CORPORATION t/a 2 ADORO CAFÉ & LOUNGE, 414 38 th Street 3 Liquor License No. 0910-33-149-005 4 5 ACTING CITY CLERK: We go back -- 6 Mayor, we have -- 7 MR. FARMER: We have just one more. 8 ACTING CITY CLERK: One more. 9 MR. FARMER: Mr. Gonzalez? 10 We have an add-on that -- 11 MAYOR STACK: Which one -- which one is 12 this? 13 MR. FARMER: It’s not on your -- 14 MAYOR STACK: Oh. 15 MR. FARMER: -- agenda. 16 At one time it was on the agenda and we 17 took it off; Mr. Gonzalez had had a conflict. 18 Apparently that conflict got itself resolved. 19 Came here; we’ve been able to talk about it and I 20 think we have a resolution of it. 21 The situation was -- 22 MS. DILLON: Can I just get the name and 23 the -- 24 MR. FARMER: Yeah. 25 MS. DILLON: -- address --  53 1 MR. FARMER: Okay. 2 MS. DILLON: -- for the record? 3 MR. FARMER: This is Adoro Café and Lounge, 4 414 38th Street, A&C 2004 Corporation, trading as 5 Adoro Café and Lounge. The license number is 6 0910-33-149-005. 7 MS. DILLON: That’s good. 8 MR. FARMER: This is a situation where 9 there are a couple of charges. 10 One charge is there seems to be a very 11 confusing fight between two barmaids at the bar 12 in the ladies room. Everybody gave conflicting 13 stories. The cause of the fight seems to be 14 personalities between the young women. Nobody 15 was hurt in it. 16 There was a paper violation as well. 17 But the most important one is that when the 18 police arrived one night, specifically in 19 February 28th -- last February, they found people 20 there at -- after closing, ten or 15 minutes 21 after two o’clock. 22 I’ve spoken to the police. There were no 23 sales. That’s very clear that no one was selling 24 any liquor and nobody was consuming any liquor. 25 However, there were people there and that’s a  54 1 violation of the Town Ordinance and the ABC 2 Regulations, wherein nobody other than the people 3 who are working in an establishment cleaning up 4 can be in the establishment after two o’clock 5 and, in fact, they were. 6 I’ve spoken to Mr. Gonzalez about all the 7 charges and we’ve agreed on a global resolution 8 of seven days, taking into consideration the fact 9 that there wasn’t being served any alcohol but it 10 was a violation of an Ordinance. 11 And I think Mr. Gonzalez will wrap it up as 12 is. 13 MR. GONZALEZ: I think so. 14 For the record, Ramon Gonzalez, firm 15 Gonzalez and Caride on behalf of the license 16 owner. 17 In fact I have to agree with Mr. Farmer. 18 There were three women that were there. It was a 19 -- it was actually 2:08 according to the police 20 report. Unfortunately February 28 was a very 21 cold day; cabs around two o’clock seemed to be a 22 scarcity. And what happens is they didn’t want 23 to have the women outside in the cold. They 24 acknowledge they shouldn’t have had them in there 25 anyway.  55 1 What they’ve done, in fact, we changed 2 their procedures. Now at 20 to two they start 3 cleaning out, clearing the process so that 4 definitely by two o’clock it’s out. 5 And I’ve explained to my client and they’re 6 aware, there’s fire, brimstone, hailstorms, put 7 them outside. 8 MAYOR STACK: On Mr. Farmer’s 9 recommendation I’ll make a motion. 10 ACTING CITY CLERK: Motion made by Mayor 11 Stack. 12 COMMISSIONER MARTINETTI: Second. 13 ACTING CITY CLERK: Second by Commissioner 14 Martinetti. 15 Roll call. 16 Commissioner Fernandez left. 17 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.  56 1 MR. GONZALEZ: Thank you. 2 MR. FARMER: Thank you. 3 COMMISSIONER MARTINETTI: Thank you. 4 MR. FARMER: That’s it. 5 MAYOR STACK: Thank you. 6 * * * 7 8 (Whereupon, there was a pause in the 9 proceedings.) 10 MS. DILLON: Do you want to go off the 11 record? 12 ACTING CITY CLERK: You want to go off, 13 Mayor? 14 MAYOR STACK: Yeah, we’re off the record. 15 ACTING CITY CLERK: Off the record. 16 17 (Whereupon, the Board recessed from 7:33 18 p.m. to 7:44 p.m.) 19 20 (Whereupon, there was a pause in the 21 proceedings.) 22 (Whereupon, Commissioner Martinetti left 23 the meeting at 7:37 p.m.) 24 25 ACTING CITY CLERK: Okay, we’re back on?  57 1 MAYOR STACK: We’re back on. 2 ACTING CITY CLERK: Everybody ready? 3 Roll call. 4 Commissioner Fernandez left. 5 Commissioner Rivas? 6 COMMISSIONER RIVAS: Here. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Here. 9 ACTING CITY CLERK: Commissioner Martinetti 10 have left. 11 Mayor Stack? 12 MAYOR STACK: Here. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  58 1 LIQUOR LICENSE TRANSFER HEARING 2 APPLICATION REGARDING LIQUOR LICENSE 3 # 0901-44-004 FOR A PERSON TO PERSON TRANSFER 4 (FROM INTERNATIONAL LIQUOR AND BEVERAGES 5 WHOLESALERS, INC. TO SAPAN SPIRIT LLC) 6 7 ACTING CITY CLERK: Okay, this is Liquor 8 License Transfer -- Transfer Hearing regarding 9 Liquor License Number 0901-44-004 for a Person to 10 Person Transfer from International Liquor and 11 Beverages Wholesalers, Inc. to Sapan Spirit, LLC. 12 MS. de los RIOS: Counsel? 13 MR. BEIDES: Good evening. Jeffrey 14 Beides -- 15 MS. DILLON: You have to come forward. 16 MR. BEIDES: Sorry. 17 MS. DILLON: This is going to record you. 18 Your name for the record? 19 MR. BEIDES: Jeffrey Beides. I’m the 20 attorney for the applicant. 21 MS de los RIOS: And the applicant is who? 22 MR. BEIDES: The applicant is Salon (sic) 23 Spirit, -- 24 MR. PATEL: Sapan. 25 MR. BEIDES: -- LLC.  59 1 MR. PATEL: Sapan. 2 MAYOR STACK: Maybe if you could step 3 forward, sir? 4 If your client could step forward with you? 5 MR. BEIDES: Step forward. 6 MAYOR STACK: Sure. 7 MR. PATEL: Sapan Spirit. 8 MR. BEIDES: Sapan Spirit, LLC. 9 MAYOR STACK: Okay. 10 You can proceed. 11 MR. BEIDES: This is an application for a 12 person to person and place to place transfer. 13 It’s from International Wholesalers to my client. 14 It’s also an application for a place to 15 place transfer. It’s going to remain in the same 16 premises, with the exception of a coffee shop, 17 which will be in effect de-licensed, located on 18 the premises at 126 43rd Street in Union City. 19 MAYOR STACK: What would be the hours of 20 the coffee shop? 21 MR. BEIDES: Right now there’s no tenant 22 for the coffee shop, so it’s -- to my 23 understanding it’s -- it’s not open at this 24 point. 25 MAYOR STACK: Right.  60 1 What are your -- what are your plans 2 though? 3 What are the plans to -- on opening the 4 coffee shop? 5 What are the hours of that? 6 MR. BEIDES: We have nothing to do with the 7 coffee shop. We’re going to -- 8 MAYOR STACK: Okay. 9 MR. BEIDES: We’re going to be the tenant 10 just for the remaining portion of the premises. 11 MAYOR STACK: I see. Okay, I see. 12 And your experience, sir? 13 If you could just enter your name -- 14 MS. DILLON: Just step forward. 15 MR. PATEL: Yes, my name is Prashant -- 16 MS. DILLON: You have to step forward here. 17 MR. PATEL: My name is Prashant Patel. 18 I have experience like ten years. 19 MAYOR STACK: Okay. 20 Do you own other liquor establishments, 21 sir? 22 MR. PATEL: Yes. 23 MAYOR STACK: And where are they? 24 MR. PATEL: I have a -- but that’s the 25 thing, I just sold it.  61 1 MS. DILLON: You have to speak slower. 2 MR. PATEL: I just have one Jersey City. I 3 just sold it. One and nine and 4th -- corner and 4 my wife -- (indiscernible) Patel in East Orange. 5 And I sold it last year that one, too. She run 6 for ten years. So we have like two stores. 7 MAYOR STACK: Okay, you still own them 8 right now? 9 MR. PATEL: No. 10 MAYOR STACK: You don’t own any liquor 11 establishment right now? 12 MR. PATEL: No. 13 MAYOR STACK: No. Okay. 14 You have ten years experience? 15 MR. PATEL: Yes. 16 MAYOR STACK: Did you have any violations 17 in those -- in those -- 18 MR. PATEL: No. 19 MAYOR STACK: -- at all? 20 Nothing over the years? 21 No paper violations? 22 MR. PATEL: Nothing. 23 MAYOR STACK: Nothing? 24 No selling to a minor, -- 25 MR. PATEL: No.  62 1 MAYOR STACK: -- anything like that? 2 Okay. 3 What are your hours of operation, sir, that 4 you’re planning to do here? 5 MR. PATEL: We’re starting 10 to 10. 6 MAYOR STACK: Ten to 10. 7 MR. PATEL: And if we can, maybe 11 8 o’clock, -- 9 MAYOR STACK: Okay. 10 MR. PATEL: -- (indiscernible) -- o’clock. 11 MAYOR STACK: The reason I ask the 12 question, sir, is we’re very strong with the 13 liquor establishments in the City. We want them 14 to abide by all the state laws and municipal 15 ordinances. 16 We’ve really improved the quality of life 17 in the City by not having bad liquor 18 establishments. Whether it’s a liquor store, a 19 bar, a club. We just want to have -- we want to 20 make sure we have good quality of life. 21 You’re on a residential block. You could 22 see -- 23 MR. PATEL: Yeah. 24 MAYOR STACK: -- by Union City is a very 25 densely populated community. People live very  63 1 close together. Share common walls. 2 We just want to make sure that you operate 3 the establishment, make sure everybody that comes 4 in is proofed for their I.D., that they’re 5 purchasing liquor, -- 6 MR. PATEL: Yeah. 7 MAYOR STACK: -- no sale to minors, -- 8 MR. PATEL: No sale to minors. 9 MAYOR STACK: -- no one intoxicated. 10 MR. PATEL: Yup. 11 MAYOR STACK: Okay. 12 Okay and you have ten years experience. 13 You’re going to operate this business yourself? 14 MR. PATEL: Yes. 15 MAYOR STACK: You’re going to be on the 16 premise? 17 MR. PATEL: Yes. 18 MAYOR STACK: Okay, that’s good. Okay. 19 Any of the Commissioners, anyone else have 20 any comments? 21 Monica, any comments? 22 MS. de los RIOS: No. 23 MAYOR STACK: Okay. 24 Lieutenant Loaces, you have any comments? 25 LIEUTENANT LOACES: No, sir.  64 1 MAYOR STACK: No? 2 Okay. 3 I’ll make a motion to approve. 4 Sir, good luck with your establishment. 5 MR. PATEL: Thanks. 6 ACTING CITY CLERK: Motion -- motion to 7 approve -- 8 MAYOR STACK: Thank you. 9 ACTING CITY CLERK: -- from Mayor Stack. 10 COMMISSIONER RIVAS: Second. 11 ACTING CITY CLERK: Second by Commissioner 12 Rivas. 13 Roll call. 14 Commissioner Fernandez left. 15 Commissioner Rivas? 16 COMMISSIONER RIVAS: Yes. 17 ACTING CITY CLERK: Commissioner Valdivia? 18 COMMISSIONER VALDIVIA: Yes. 19 ACTING CITY CLERK: Commissioner Martinetti 20 left. 21 Mayor Stack? 22 Mayor, there are -- 23 MAYOR STACK: Yes. 24 COMMISSIONER VALDIVIA: Yes. 25  65 1 ADJOURNMENT: 2 3 ACTING CITY CLERK: Mayor, there are no 4 other items on the agenda. 5 Is there a motion to adjourn? 6 MAYOR STACK: Motion to adjourn. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 Second by Commissioner Valdivia. 9 All in favor? 10 11 (Whereupon, there was a chorus of ayes.) 12 13 (Whereupon, the proceedings were concluded 14 at 7:50 p.m.) 15 16 17 18 19 20 21 22 23 24 25  66 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin J. Valdivia 5 ________________________ Tilo E. Rivas 6 Board of Commissioners 7 8 Attest: 9 Dominick Cantatore, 10 Acting City Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  67 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, May 5, 2015 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