Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Islamic Education Center 4613 Cottage Place Union City, New Jersey Wednesday, November 4, 2015 Commencing at 7:01 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 J. VALDIVIA, COMMISSIONER, (Left at 7:20 p.m.) 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: KRYSTLE NOVA, ESQ. Corporation Counsel  2 A L S O P R E S E N T cont’d: SUSAN COLDITZ, Chief Financial Officer A P P E A R A N C E S: GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission RAMON M. GONZALEZ, ESQ. Attorney for Angelo’s Cafe Attorney for Mayen Corp. t/a El Trebol  3 I N D E X PAGE CALL TO ORDER 5 SALUTE TO FLAG 5 ROLL CALL 6 COMMUNICATIONS 34 APPROVAL OF PREVIOUS MEETING MINUTES 7 ORDINANCES FOR HEARING AND ADOPTION 8,10, 13 CONSENT AGENDA 15,39 ORDINANCES FOR INTRODUCTION 24 REGULAR AGENDA 26,29, 31 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 32 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 42 Mayem (sic) Corp. t/a El Trebol 76 Bambinas Bar & Restaurant t/a Milagro Ecuatoriano Restaurant 79 RG Enterprise Entertainment t/a Therapy Lounge 84 Angelo’s Cafe 46 Dolores Castro t/a Uno Bar 44,75 ADJOURNMENT 88  4 1 I N D E X 2 Angelo’s Café, 4215 Park Avenue 3 WITNESS PAGE 4 DETECTIVE SERGEANT DAVID A. DUNLAY 48 5 LIEUTENANT JOHN LOACES 68 6 7 8 9 E X H I B I T S 10 NO. DOCUMENT PAGE 11 C-1 Proof of Service Premarked 12 C-2 Notice Premarked 13 C-3 Mailing List Premarked 14 15 16 17 18 19 20 21 22 23 24 25  5 1 ACTING CITY CLERK: This is a Regular 2 Public Meeting of the Union City Board of 3 Commissioner, being held on Wednesday, November 4 4th, 2015, at seven p.m., in the Islamic Education 5 Center, 4613 Cottage Place, Union City, New 6 Jersey. 7 Everyone please rise for the Pledge of 8 Allegiance. 9 10 (Whereupon the Pledge of Allegiance was 11 said.) 12 13 ACTING CITY CLERK: This meeting has been 14 called in accordance with Chapter 231, Public Law 15 of 1975, the Open Public Meeting Act. 16 Adequate notice of this meeting has been 17 provided as follows: 18 Notice of this meeting setting forth the 19 time, date, location, and the agenda, to the 20 extent known, was forwarded to The Jersey 21 Journal, The Record, The Hudson Reporter, has 22 been posted on bulletin board in City Hall and 23 has been made available to the public in the 24 office of Municipal Clerk. 25  6 1 ROLL CALL: 2 3 ACTING CITY CLERK: Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Here. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Here. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Here. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Here. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Here. 15 ACTING CITY CLERK: First -- 16 Lucio? Commissioner? Is she here yet 17 or -- 18 COMMISSIONER FERNANDEZ: She’s walking. 19 Let’s -- let’s put her second. 20 ACTING CITY CLERK: You want to -- 21 MAYOR STACK: We could go to something 22 else; maybe Communication. And when she walks 23 in, Lucio will alert you. 24 ACTING CITY CLERK: We have a Proclamation 25 Present --  7 1 COMMISSIONER FERNANDEZ: Let’s do -- let’s 2 go to approval of Minutes and all that; we’ll 3 come back to that. 4 ACTING CITY CLERK: All right. 5 So, -- 6 COMMISSIONER FERNANDEZ: Please. 7 8 APPROVAL OF PREVIOUS MEETING MINUTES FROM OCTOBER 9 3, 2015 AND OCTOBER 20 (sic), 2015: 10 11 ACTING CITY CLERK: We have Approval of the 12 Previous Meeting Minutes of October 6, 2015 and 13 October 30th, 2015, be approve and recorded. 14 Have a motion? 15 COMMISSIONER RIVAS: Motion. 16 ACTING CITY CLERK: Motion by Commissioner 17 Rivas. 18 COMMISSIONER MARTINETTI: Second. 19 ACTING CITY CLERK: Second by Commissioner 20 Martinetti. 21 Roll call. 22 Commissioner Fernandez? 23 COMMISSIONER FERNANDEZ: Yes. 24 ACTING CITY CLERK: Commissioner Rivas? 25 COMMISSIONER RIVAS: Yes.  8 1 ACTING CITY CLERK: Commissioner Valdivia? 2 COMMISSIONER VALDIVIA: Yes. 3 ACTING CITY CLERK: Commissioner 4 Martinetti? 5 COMMISSIONER MARTINETTI: Yes. 6 ACTING CITY CLERK: Mayor Stack? 7 MAYOR STACK: Yes. 8 9 ORDINANCES FOR HEARING AND ADOPTION 10 CONSIDERATION: 11 12 ( ) AN ORDINANCE OF THE CITY OF UNION CITY, 13 COUNTY OF HUDSON, NEW JERSEY, APPROPRIATING THE 14 SUM OF $100,000 IN FUNDING FROM THE CAPITAL 15 IMPROVEMENT FUND FOR POLICE SURVEILLANCE CAMERAS 16 FOR THE YARDLEY STEPS 17 18 ACTING CITY CLERK: Next item is Ordinances 19 for Hearing Adoption Consideration. 20 An Ordinance of the City of Union City, 21 County of Hudson, New Jersey, appropriating the 22 sum of a hundred thousand in funding from the 23 Capital Improvement Fund for Police surveillance 24 cameras for the Yardley Steps. 25 MAYOR STACK: Again this is another step --  9 1 I would like to thank the Police Department under 2 the leadership of Chief Molinari -- keeping our 3 City safe. 4 Cameras don’t replace a police officer but 5 it does help the Police Department in doing their 6 job to make our City safer. 7 Anyone wishing to comment on this 8 ordinance, please step forward. It’s a hundred 9 thousand dollars for the Yardley Steps to put 10 additional cameras in our community. 11 Seeing none. 12 ACTING CITY CLERK: Is there a motion? 13 MAYOR STACK: Motion. 14 ACTING CITY CLERK: Motion by Mayor Stack. 15 COMMISSIONER FERNANDEZ: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 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  10 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 6 ORDINANCES FOR HEARING AND ADOPTION 7 CONSIDERATION: 8 9 ( ) AN ORDINANCE ESTABLISHING A NEW CHAPTER 426 10 ENTITLED “BUILDING CONSTRUCTION STANDARDS,” 11 ARTICLE I “LIMITATION ON CONSTRUCTION HOURS”, 12 § 426-1 “CONSTRUCTION PROHIBITED” IN THE CODE OF 13 THE CITY OF UNION CITY 14 15 ACTING CITY CLERK: Next Ordinance 16 Establishing a New Chapter 425 (sic) Entitled 17 Building Construction Standards. 18 MAYOR STACK: I think this is on the times 19 of construction. 20 Right? 21 MS. NOVA: That’s correct. 22 MAYOR STACK: Okay. 23 This again would alter the times that 24 individuals doing construction in the City of 25 Union City would be able to do it. This would  11 1 change the starting time to 8:30. 2 Right? 3 MS. NOVA: It’s going to change it, Monday 4 through Friday, 8:30 to six p.m. And Saturday 5 9:30 to 2:30 p.m. 6 MAYOR STACK: Again, this would be tying in 7 with the quality of life, just making sure -- we 8 don’t want to discourage any type of construction 9 or residents working on their home or anything. 10 But it would also just give peace and enjoyment 11 and quality of life to residents who live in the 12 community just to make sure they’re not being 13 bothered by the sounds of construction. 14 Anyone wishing to comment on this ordinance 15 at this time, please step forward, state your 16 name and address for the record. 17 Seeing none. 18 I’ll make a motion. 19 Just like to thank the Construction Code 20 Official -- 21 ACTING CITY CLERK: Motion -- 22 MAYOR STACK: -- for bringing this to our 23 attention. 24 ACTING CITY CLERK: Motion made by Mayor 25 Stack.  12 1 COMMISSIONER VALDIVIA: Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Valdivia. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Yes. 7 ACTING CITY CLERK: Commissioner Rivas? 8 COMMISSIONER RIVAS: Yes. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Recusing. 14 ACTING CITY CLERK: Commissioner 15 Martinetti; recusing. 16 Mayor Stack? 17 MAYOR STACK: Yes. 18 ACTING CITY CLERK: Is there a motion to 19 adopt an Ordinance Establishing New Chapter 526 20 (sic) Entitled Building Construction Standards, 21 Article I Limitation on Construction Hours, 426-1 22 Construction Prohibited in the Code of the City 23 of Union City? 24 COMMISSIONER VALDIVIA: Motion. 25 ACTING CITY CLERK: Motion by --  13 1 MAYOR STACK: Second. 2 ACTING CITY CLERK: -- Commissioner 3 Valdivia. 4 Second by Mayor Stack. 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: Recusing. 15 ACTING CITY CLERK: Recusing. 16 Mayor Stack? 17 MAYOR STACK: Yes. 18 19 ORDINANCES FOR HEARING AND ADOPTION 20 CONSIDERATION: 21 22 ( ) AN ORDINANCE OF THE CITY OF UNION CITY, 23 COUNTY OF HUDSON, NEW JERSEY, APPROPRIATING THE 24 SUM OF $100,000 IN FUNDING FROM THE CAPITAL 25 IMPROVEMENT FUND FOR POLICE SURVEILLANCE CAMERAS  14 1 FOR THE YARDLEY STEPS 2 3 ACTING CITY CLERK: Mayor, I have to go 4 back to the first ordinance. 5 We have to make a motion to adopt the first 6 Ordinance of the City of Union City, County of 7 Hudson, New Jersey, Appropriating the Sum of a 8 $100,000.00 in the Funding from the Capital 9 Improvement Fund for Police Surveillance Camera 10 for the Yardley Step. 11 Is there a motion to adopt? 12 MAYOR STACK: Motion. 13 ACTING CITY CLERK: Motion by Mayor Stack. 14 COMMISSIONER FERNANDEZ: Second. 15 COMMISSIONER MARTINETTI: Second. 16 ACTING CITY CLERK: Second by Commissioner 17 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  15 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 ACTING CITY CLERK: You want to -- 6 MAYOR STACK: We’ll do the Consent Agenda 7 and then we’ll go to the -- 8 9 CONSENT AGENDA: 10 11 ( 1) Resolution Approving the Payment of Claims 12 ( 2) Resolution Approving the Payment of 13 Concurring Claims 14 ( 3) Resolution Approving the City Payroll for 15 the Period of October 17, 2015 through October 16 30, 2015 17 ( 4) Resolution Approving the Library Payroll 18 for the Period of October 17, 2015 through 19 October 30, 2015 20 ( 5) Resolution Approving Designation of 21 Depositories for the Deposit of City Funds 22 ( 6) Resolution Approving Contract with G4S for 23 Security Cameras 24 ( 7) Resolution Awarding State Contract for Road 25 Salt to Morton Salt  16 1 ( 8) Resolution Approving State Contract with 2 Beyer Chrysler Dodge Jeep Ram for the Purchase of 3 DPW Vehicles 4 ( 9) Resolution Approving State Contract with 5 Beyer Ford for Purchase of Police Vehicles 6 (10) Resolution Re-Appointing Members Richard 7 Kalbian and Ben Temberella to the Library Board 8 of Trustee 9 (11) Resolution Appointing Carlos H. Vallejo 10 Public Agency Compliance Officer for the City of 11 Union City 12 (12) Resolution Authorizing the Clerk to 13 Advertise Bids for Wrestling Equipment and 14 Trophies - 2016 15 (13) Resolution Authorizing Notice for Receipt 16 of Bids for Camera Security System 17 (14) Resolution Authorizing Receipt of Proposal 18 for Consultant Services for Accreditation of the 19 Union City Police Department 20 (15) Resolution Authorizing Bids for the Lease 21 Renewal of Fabric Tension Structures Project 22 (16) Resolution Approving Disciplinary 23 Proceedings Against Uno Bar t/a Dolores Castro 24 (sic), Located at 3607 New York Avenue, Liquor 25 License No. 0910-33-108-004  17 1 (17) Resolution Approving Disciplinary 2 Proceedings Against Manhattan Bar & Grill 3 Restaurant t/a Manhattan Bar & Grill Restaurant 4 Inc., Located at 1711 Manhattan Avenue, Liquor 5 License No. 0910-33-188-004 6 (18) Resolution Authorizing the Placement of a 7 Lien on the Property Known as 540 31st Street AKA 8 3100 Central Avenue for Tenant Relocation Costs 9 (19) Resolution Authorizing the Refund of 10 Redemption Monies to Outside Lienholders 11 (20) Resolution Authorizing the Refund of 12 Premium Monies Collected at Tax Sale 13 (21) Resolution Authorizing Tax Refund in Tax 14 Appeal Decisions by the Tax Court of New Jersey 15 (22) Resolution Cancelling Taxes Erroneously 16 Assessed on Property Block 154, Lot 39 Also Known 17 as 515 28th Street 18 (23) Any other matter of City business that may 19 arise 20 21 ACTING CITY CLERK: Next item is the 22 Consent Agenda. 23 First item is Resolution Approving the 24 Payment of Claim. 25 Item 2.  18 1 Resolution Approving the Payment of 2 Concurring Claims. 3 Item 3. 4 Resolution Approving the City Payroll of 5 the Period of October 17, 2015 through October 6 30th, 2015. 7 Item 4. 8 Resolution Approving the Library Payroll of 9 the Period of October 17, 2015 through October 10 30th, 2015. 11 Item 5. 12 Resolution Approving Designation of 13 Depositories for the Deposit of City Funds. 14 Item 6. 15 Resolution Approving Contract with G4S for 16 Security Cameras. 17 Item 7. 18 Resolution Awarding State Contract for Road 19 Salt to Morton Salt. 20 Item 8. 21 Resolution Approving State Contract with 22 Beyer Chrysler Dodge Jeep Ram for the Purchase of 23 DPW Vehicles. 24 Item 9. 25 Resolution Approving State Contract with  19 1 Beyer Ford for the Purchase of Police Vehicles. 2 Item 10. 3 Resolution Re-Appointing Members Richard 4 Kalbian and Ben Temberella to the Library Board 5 of Trustee. 6 Item 11. 7 Resolution Appointing Carlos Vallejo Public 8 Agency Compliance Officer for the City of Union 9 City. 10 Item 12. 11 Resolution Authorizing the Clerk to 12 Advertise Bids for Wrestling Equipment and 13 Trophies, 2016. 14 Item 13. 15 Resolution Authorizing Notice of Receipt of 16 Bids for a Camera Security System. 17 Item 14. 18 Resolution Authorizing Receipt of Proposal 19 for Consultant Services for Accreditation of the 20 Union City Police Department. 21 Item 15. 22 Resolution Authorizing Bids for the Lease 23 Renewal of Fabric Tension Structure Project. 24 Item 16. 25 Resolution Approving Disciplinary  20 1 Proceedings Against Uno Bar, also known as 2 Dolores Castro, Located at 3607 New York Avenue, 3 Liquor License Number 0910-33-108-004. 4 Item 17. 5 Resolution Approving Disciplinary 6 Proceedings Against Manhattan Bar and Grill 7 Restaurant, also known as Manhattan Bar and Grill 8 Restaurant Inc., Located at 711 (sic) Manhattan 9 Avenue, Liquor License Number 0910-33-188-004. 10 Okay. 11 Mayor, I have to check on this liquor 12 license number; it may be incorrect. 13 MAYOR STACK: Which one, 1711? 14 ACTING CITY CLERK: The 17, the -- the 15 Manhattan Bar and Grill. 16 MAYOR STACK: Right, that’s 1711 Manhattan 17 Avenue. 18 ACTING CITY CLERK: Yes. 19 MAYOR STACK: Okay. 20 ACTING CITY CLERK: So, we’ll check on 21 that. 22 MAYOR STACK: Okay. 23 ACTING CITY CLERK: Item 18. 24 Resolution Authorizing the Placement of a 25 Lien to the Property Known as 540 31 st Street,  21 1 also known as 3100 Central Avenue for Tenant 2 Relocation Cost. 3 Item 19. 4 Resolution Authorizing the Refund of 5 Redemption Monies to Outside Lienholders. 6 Item 20. 7 Resolution Authorizing the Refund of 8 Premium Monies Collected at Tax Sale. 9 Item 21. 10 Resolution Authorizing Tax Refund in Tax 11 Appeal Decision by the Tax Court of New Jersey. 12 Item 22. 13 Resolution Cancelling Taxes Erroneously 14 Assessed on Property Block 154, Lot 39 Also Known 15 as 515 28th Street. 16 Mayor, there are no items on the Consent 17 Agenda. 18 Would you wish to take public comment on 19 any matter? 20 MAYOR STACK: Anyone wishing to comment on 21 the Consent Agenda, please step forward, state 22 your name and address for the record. 23 Seeing none. 24 ACTING CITY CLERK: Is there a motion to 25 close public comment on Consent Agenda?  22 1 COMMISSIONER RIVAS: Motion. 2 ACTING CITY CLERK: Motion by Commissioner 3 Rivas. 4 COMMISSIONER FERNANDEZ: Second. 5 ACTING CITY CLERK: Second by Commissioner 6 Fernandez. 7 Roll call. 8 Commissioner Fernandez? 9 COMMISSIONER FERNANDEZ: 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: Commissioner 18 Martinetti? 19 COMMISSIONER MARTINETTI: I’m sorry. I’m 20 recusing on any items -- 21 COMMISSIONER RIVAS: To close. 22 COMMISSIONER FERNANDEZ: No, just to close. 23 COMMISSIONER MARTINETTI: -- in any payment 24 to Adolfo -- to Adolfo Lopez. 25 ACTING CITY CLERK: Yeah, we’re closing --  23 1 closing the public comment. 2 MAYOR STACK: Close. 3 COMMISSIONER MARTINETTI: I’m sorry. 4 MAYOR STACK: Close. 5 COMMISSIONER MARTINETTI: Yes. 6 My apology. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 ACTING CITY CLERK: Is there a motion to 10 approve all items on the Consent Agenda? 11 MAYOR STACK: Motion. 12 ACTING CITY CLERK: Motion by Mayor Stack. 13 COMMISSIONER FERNANDEZ: Second. 14 ACTING CITY CLERK: Second by Commissioner 15 Fernandez. 16 Roll call. 17 Commissioner Fernandez? 18 COMMISSIONER FERNANDEZ: Just to make it 19 clear, Clerk, on 17 we’re voting on this item as 20 it pertains to Manhattan Bar and Grill Restaurant 21 regardless -- at that location; you’ll specify 22 the number later on. 23 But we’re still voting on that, right? 24 ACTING CITY CLERK: The location’s correct. 25 It’s the liquor license that’s questioning.  24 1 COMMISSIONER FERNANDEZ: Okay, perfect. 2 Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: I’m recusing on 10 any items pertaining to payment to Adolfo Lopez 11 or any items pertaining to UC Construction Code. 12 Aye on the rest. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 ACTING CITY CLERK: Okay, you want to 16 continue? 17 MAYOR STACK: Let’s run through the Regular 18 Agenda and then we’ll go -- and then we’ll -- 19 right before the Liquor Hearings we’ll do that. 20 ACTING CITY CLERK: Okay. 21 22 ORDINANCE FOR INTRODUCTION: 23 24 ( ) STATE FISCAL YEAR 2016 ORDINANCE TO EXCEED 25 THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO  25 1 ESTABLISH A CAP BANK (N.J.S.A. 49A:4-45.14) 2 3 ACTING CITY CLERK: Next item’s Ordinance 4 for Introduction. 5 This Ordinances will be further considered 6 at a meeting of the Board of Commission to be 7 held on November 17, 2015, at seven p.m. at the 8 Bruce D. Walter Recreation Center, 504 -- 507 9 West Street, Union City, New Jersey. 10 State Fiscal Year 2015 Ordinance to Exceed 11 the Municipal Budget Appropriation Limits and 12 Establishing a Cap Bank, N.J.S.A. 49A:4-45:14 13 (sic). 14 Is there a motion to introduce this 15 ordinance? 16 COMMISSIONER MARTINETTI: Motion. 17 ACTING CITY CLERK: Motion by Commissioner 18 Martinetti. 19 COMMISSIONER VALDIVIA: Second. 20 ACTING CITY CLERK: Second by Commissioner 21 Valdivia. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas?  26 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. Introduction of Municipal Budget for State 13 Fiscal Year 2016 14 15 ACTING CITY CLERK: Next item is the 16 Regular Agenda. 17 First item is Introduction of Municipal 18 Budget for State Fiscal Year 2016. 19 Is there a motion to approve? 20 MAYOR STACK: Motion. 21 ACTING CITY CLERK: Motion by Mayor Stack. 22 COMMISSIONER RIVAS: Second. 23 ACTING CITY CLERK: Second by Commissioner 24 Rivas. 25 Roll call.  27 1 Commissioner Fernandez? 2 COMMISSIONER FERNANDEZ: Yes. 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER RIVAS: Yes. 5 ACTING CITY CLERK: Commissioner Valdivia? 6 COMMISSIONER VALDIVIA: Yes. 7 ACTING CITY CLERK: Commissioner 8 Martinetti? 9 COMMISSIONER MARTINETTI: Yes. 10 ACTING CITY CLERK: Mayor Stack? 11 MAYOR STACK: Yes. 12 ACTING CITY CLERK: Item 2, -- 13 MR. PRICE: Could I ask a question about -- 14 MAYOR STACK: Sure. 15 MR. PRICE: Okay, about the budget -- 16 MS. DILLON: Name for the record, Mr. 17 Price. 18 MR. PRICE: Oh. Larry Price, 1006 Palisade 19 Avenue. 20 We’re introducing the budget. My past 21 experience -- it’s November 4th. My past 22 experience has been that it’s just basically a 23 placeholder because we don’t know usually this 24 early in our fiscal year what the State money is 25 going to be.  28 1 Is that still correct? 2 MS. COLDITZ: Yes. 3 Susan Colditz, CFO for the City. 4 Yes, this is just an introduction and it’s 5 pending on transitional aid application, which is 6 due on Friday. So once we receive our aid, it 7 would change the budget. 8 MR. PRICE: Okay. 9 MS. COLDITZ: I don’t think this year is 10 going to change it by much though. 11 MR. PRICE: Okay. Then my next question. 12 The budget always has last year, 2015, -- 13 MS. COLDITZ: It has both. 14 MR. PRICE: -- actual. 15 MS. COLDITZ: Yes. 16 MR. PRICE: And then proposed, 2016, -- 17 MS. COLDITZ: Yes. 18 MR. PRICE: -- which will -- 19 Okay. 20 MS. COLDITZ: Yes. 21 MR. PRICE: Is the actual in stone now so 22 that if I look at 2015 numbers that’s what they 23 are? 24 MS. COLDITZ: That’s the actual. But we 25 also have a reserve that’s in the balance column.  29 1 That usually gets expended in the subsequent 2 period for the bills that were outstanding on 3 June 30th. 4 MR. PRICE: Okay. 5 But that’s the only -- 6 MS. COLDITZ: Yeah. That’s the only thing. 7 Yes. 8 MR. PRICE: Only item -- 9 MS. COLDITZ: Yes. 10 MR. PRICE: And how soon will the -- after 11 Friday will the new adjusted budget be available? 12 MS. COLDITZ: We probably will have the 13 public hearing, I believe, on December 15 th for 14 the introduction. And then as soon as the -- 15 it’s up to the State; we’re at the mercy of the 16 State. When they allow us our aid and they award 17 us our aid, that’s when we’ll do hopefully the 18 adoption on any adjustments that need to be made. 19 MR. PRICE: Okay. 20 Thank you. 21 MAYOR STACK: Thank you. 22 23 REGULAR AGENDA: 24 25 2. Resolution Approving Shared Services  30 1 Agreement with the Union City Board of Education 2 for Solid Waste Collection Services 3 4 ACTING CITY CLERK: Item 2. 5 Resolution Approving Shared Service 6 Agreement with the Union City Board of Education 7 for Solid Waste Collection Services. 8 MAYOR STACK: I’ll move it. 9 COMMISSIONER RIVAS: I’ll -- 10 ACTING CITY CLERK: Motion by Mayor Stack. 11 COMMISSIONER RIVAS: -- second. 12 ACTING CITY CLERK: Second by Commissioner 13 Rivas. 14 Roll call. 15 Commissioner Fernandez? 16 Recusing. 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 Recusing. 24 Mayor Stack? 25 MAYOR STACK: Yes.  31 1 MS. NOVA: For the record, on item number 2 2 of the Regular Agenda, Commissioner Valdivia is 3 voting based on the doctrine of necessity. 4 5 REGULAR AGENDA: 6 7 3. Resolution Approving Share Services 8 Agreement with the Union City Board of Education 9 for School Resource Officers for 2015-2016 10 11 ACTING CITY CLERK: Item 3. 12 Resolution Approving Share Service 13 Agreement with the Union City Board of Education 14 for School Resource Officers for 2015 and 2016. 15 MAYOR STACK: I’ll move it. 16 ACTING CITY CLERK: Motion by Mayor Stack. 17 COMMISSIONER RIVAS: Second. 18 MAYOR STACK: Second by Commissioner Rivas. 19 Roll call. 20 Commissioner Fernandez? 21 Recusing. 22 Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  32 1 ACTING CITY CLERK: Commissioner 2 Martinetti? 3 Recusing. 4 Mayor Stack? 5 MAYOR STACK: Yes. 6 MS. NOVA: Again, on item number 3 for the 7 Regular Agenda, Commissioner Valdivia is voting 8 based on the doctrine of necessity. 9 ACTING CITY CLERK: Mayor, there are no 10 other items on the Regular Agenda. 11 12 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 13 14 ACTING CITY CLERK: Would you wish to take 15 comment on any item on the Consent Agenda at this 16 time? 17 MAYOR STACK: Sure. 18 Just before we do, I would just like to 19 thank the public for being here. Thank the 20 Commissioners also for moving a hundred percent 21 of our meetings throughout the community; we’re 22 in, every two weeks, in a different location. 23 I’d also like to thank the Police Chief for 24 being here also, Rich Molinari, and members of 25 the Police Department.  33 1 Anyone wishing to comment at this time, 2 please step forward, state your name and address 3 for the record. 4 Seeing none. 5 ACTING CITY CLERK: Is there a motion to 6 close the public comment portion of this meeting? 7 COMMISSIONER RIVAS: Motion. 8 COMMISSIONER VALDIVIA: Second. 9 ACTING CITY CLERK: Motion by Commissioner 10 Rivas. 11 COMMISSIONER VALDIVIA: Second. 12 ACTING CITY CLERK: Second by Commissioner 13 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.  34 1 COMMUNICATION(S): 2 3 1. Check Presentation on Behalf of the Union 4 City Police Department to Anna Campoverde 5 (American Cancer Society, Inc.) 6 2. Proclamation Presentation 7 8 ACTING CITY CLERK: So we have -- we have a 9 check presentation of behalf of the Union City 10 Police Department to Anna Campoverde for the 11 American Cancer Society, Inc. 12 COMMISSIONER FERNANDEZ: Yes, Clerk. 13 Police Chief Richard Molinari, along with 14 Police Officer Chris Scardino and Police Officer 15 Carlos Pina, and the Union City Police Department 16 would like to present this check to the American 17 Cancer Society. 18 So, if their representative, Ms. 19 Campoverde, and Chief, and the Officers could 20 come and make that presentation? 21 MAYOR STACK: Right over here, Chris. 22 23 (Whereupon, Police Officer Scardino made a 24 presentation to Anna Campoverede, American Cancer 25 Society Inc.)  35 1 2 (Whereupon, there was a pause in the 3 proceedings.) 4 (Whereupon, Commissioner Valdivia left the 5 meeting at 7:20 p.m.) 6 ACTING CITY CLERK: Mayor, the next item is 7 the Proclamation Presentation. 8 COMMISSIONER FERNANDEZ: Attention 9 everyone, please. Please. Gentlemen? 10 ACTING CITY CLERK: Attention. 11 COMMISSIONER FERNANDEZ: The City of Union 12 City, on behalf of all the Commissioners, we want 13 to congratulate the Mayor and the Chief of Police 14 for running such a terrific Police Department. 15 It makes us proud to see the Police Department 16 working towards such worthy causes as cancer 17 awareness. 18 So thank you, Officers, for your great 19 work. Thank you, Chief, Mayor, and thank you 20 very much. 21 At this time we’d like to take a moment to 22 recognize a Police Officer who works day and 23 night for all these causes; whether it be breast 24 cancer, the Special Olympics. So many things. 25 I’d like to call him up with his family. His  36 1 wife Pauline (phonetic) is here, his daughter, 2 his mom, his mother and father-in-law. 3 If they can all please come up here. 4 And the Police Officer who we’re honoring 5 is Police Officer Chris Scardino. 6 (Applause.) 7 (Whereupon, there was a pause in the 8 proceedings.) 9 COMMISSIONER FERNANDEZ: I’ll read this 10 really loud. 11 Whereas, the City of Union City is -- 12 (Whereupon, there was a pause in the 13 proceedings.) 14 COMMISSIONER FERNANDEZ: This is a 15 Proclamation by Mayor Brian P. Stack and the 16 Board of Commissioners. 17 Whereas, the City of Union City is pleased 18 to honor Police Officer Chris Scardino for his 19 dedication to the Union City Police Department 20 and the residents of the City of Union City; and 21 Whereas, Police Officer Chris Scardino has 22 made significant contributions to the betterment 23 of the City of Union City, has dedicated hundreds 24 of hours to many worthy causes; and 25 Whereas, Police Officer Chris Scardino was  37 1 born in Hoboken, New Jersey on April 3 rd, 1970. 2 He graduated from Emerson High School in 1988, 3 earned his Associate Degree in Criminal Justice 4 from Bergen Community College in 1990, and 5 attended Saint Peters College to become a 6 paralegal. 7 In 1993 he was hired by the City of Union 8 City as a Police Officer and graduated from the 9 Police Academy on January 14th, 1994. Chris then 10 became President of the Union City Police 11 Benevolent Association, Local 8, and serving for 12 eight years; and became the union’s State 13 Delegate, a position he still holds today. 14 For the last ten years he has been 15 coordinator for the New Jersey Special Olympics 16 for both the union and the Union City Police 17 Department. 18 On behalf of the City of Union -- on behalf 19 of the City of Union City Police Department, 20 Chris is dedicated in helping many causes and 21 charities including Breast Cancer Awareness, 22 Autism, Special Olympics, and the Make-A-Wish 23 Foundation. 24 Chris was instrumental in the coordination 25 of the September 11 monument placed at Liberty  38 1 Plaza honoring Union City residents killed on 2 September 11th, 2001. He played a leading role in 3 the creation of the Union City P.D. Memorial 4 Placed outside of Police Headquarters and the 5 Police Memorial at the William V. Musto Cultural 6 Center, and the renaming of streets after Union 7 City police officers who lost their lives in the 8 call of duty. He is most proud of his 9 involvement in the designing and building of the 10 County’s first police memorial park to be 11 dedicated in 2016 in Union City; and 12 Whereas, Police Officer Chris Scardino has 13 dedicated years of service to the betterment of 14 the City of Union City. His accomplishments 15 serve as an inspiration to the citizenry of the 16 City and are hereby lauded and recognized; and 17 Now Therefore Be It Resolved, that Mayor 18 Brian P. Stack, Mayor of the City of Union City 19 and the Union City Board of Commissioners do 20 hereby honor Police Officer Chris Scardino. 21 Mayor? 22 (Applause.) 23 MAYOR STACK: Just before I present the 24 Proclamation, I appreciate Chris’ family being 25 here. And the word true blue truly describes  39 1 Chris Scardino and I say it from my heart. 2 There’s never a time we don’t reach out to Chris 3 -- (indiscernible) -- Police Department and the 4 people in Union City, he’s the first one there. 5 He’s not out for himself. He’s truly about the 6 community, the Police Department, and doing as 7 much as he can. 8 Chris, thank you very much and 9 congratulations. 10 (Applause.) 11 (Whereupon, Police Officer Scardino 12 addressed remarks to the Board of Commissioners 13 and the audience.) 14 (Applause.) 15 MAYOR STACK: Thank you, Chris. 16 OFFICER SCARDINO: Thank you, sir. 17 18 CONSENT AGENDA: 19 20 (17) Resolution Approving Disciplinary 21 Proceedings Against Manhattan Bar & Grill 22 Restaurant t/a Manhattan Bar & Grill Restaurant 23 Inc., Located at 1711 Manhattan Avenue, Liquor 24 License No. 0910-33-188-004 25  40 1 ACTING CITY CLERK: Mayor, I want to make a 2 note that I -- we confirmed that the liquor 3 license number is correct for Manhattan Bar and 4 Grill; it’s 0910-33-188-004. That’s a correct. 5 MAYOR STACK: And that’s at 1711 Manhattan 6 Avenue. 7 ACTING CITY CLERK: That’s 1711 Manhattan 8 Avenue. 9 MAYOR STACK: You got it. 10 ACTING CITY CLERK: Yes, sir. 11 Next -- 12 MAYOR STACK: Okay, this -- 13 ACTING CITY CLERK: Next item -- 14 MAYOR STACK: Go ahead. 15 ACTING CITY CLERK: -- on the agenda, 16 Liquor License Disciplinary Proceedings. 17 Mr. Farmer? 18 MAYOR STACK: This portion of the hearing 19 now is Liquor License Disciplinary Hearings 20 everyone. 21 Those of you that can stay, you’re more 22 than welcome to stay. Those of you that came for 23 the meeting, thank you very much everyone. 24 Thank you very much. Thanks again. Thank 25 you very much.  41 1 Thank you very much again, Anna. 2 Thank you. Take care of yourself. 3 Thank you very much. Thank you. 4 (Whereupon, there was a pause in the 5 proceedings.) 6 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  42 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. Mayem (sic) Corp. t/a El Trebol, 3204 4 Bergenline Avenue, Liquor License No. 0910-33- 5 190-008 6 2. Bambinas Bar & Restaurant t/a Milagro 7 Ecuatoriano Restaurant, 2906 Bergenline Avenue, 8 Liquor License No. 0910-33-040-009 9 3. RG Enterprise Entertainment t/a Therapy 10 Lounge, 2803 Bergenline Avenue, Liquor License 11 No. 0910-33-134-006 12 4. HEARING FOR OBJECTIONS TO SPECIAL 13 CONDITIONS IMPOSED FOR 2015-2016 RENEWALS: 14 Angelo’s Café, 4215 Park Avenue, Liquor License 15 No. 0910-33-111-006 16 17 ADD ON: 18 19 Dolores Castro t/a Uno Bar, Located at 3607 New 20 York Avenue, Liquor License No. 0910-33-108-004 21 22 MR. FARMER: Okay. 23 Ready? 24 MAYOR STACK: Yeah, we’re ready. 25 MR. FARMER: Oh, okay.  43 1 MAYOR STACK: I’m sorry. 2 MR. FARMER: Good evening, members of the 3 Board. 4 I’d like to touch on a couple of things. 5 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  44 1 DOLORES CASTRO t/a UNO BAR, Located at 3607 New 2 York Avenue 3 Liquor License No. 0910-33-108-004: 4 5 MR. FARMER: The first item that’s going to 6 be on -- up for discussion is Angelo’s Café. 7 But before we do that, -- 8 MAYOR STACK: Just if you could keep your 9 voice up, Mr. Farmer. 10 MR. FARMER: Yeah. 11 MAYOR STACK: I appreciate it. 12 MR. FARMER: Before we do that, if you may 13 recall when we were here last time, we dealt with 14 Uno Bar. 15 MAYOR STACK: Yes. 16 MR. FARMER: The bottom line on Uno Bar is 17 still -- it’s closed. At that time Mr. Diaz who 18 was representing Uno Bar indicated that he was 19 going to speak to the family about possibly 20 turning in, surrendering the license to the City. 21 I heard from Mr. Diaz earlier this week. 22 He’s still in negotiations with them and trying 23 and telling me he’s recommending that they do 24 that because the people who are taking it over 25 have no experience in that.  45 1 But -- so, he’s going to report back to me 2 and next meeting I’ll report back to the Board. 3 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  46 1 HEARING FOR OBJECTIONS TO SPECIAL CONDITIONS 2 IMPOSED FOR 2015-2016 RENEWALS: 3 4 ANGELO’S CAFÉ, Located at 4215 Park Avenue 5 Liquor License No. 0910-33-111-006: 6 7 (Whereupon, the following exhibits were 8 pre-marked: 9 C-1 - Proof of Service 10 C-2 - Notice 11 C-3 - Mailing List.) 12 13 MR. FARMER: Now, we have before you 14 Angelo’s Café. And Mr. Gonzalez represents 15 Angelo’s Café. 16 As a preliminary, I have documents that I 17 showed Mr. Gonzalez earlier and what it is is 18 proof of service of -- to the residents and 19 owners within 200 feet of Angelo’s Café, advising 20 them of tonight’s meeting and sending them a 21 notice that if they wish to object to the 22 conditions that were placed on Angelo’s Café last 23 year when the license was basically transferred 24 from 37th Street and Kennedy Boulevard to its 25 present location, which is on 4215 Park Avenue.  47 1 At that time we put in conditions that were 2 consented to and those conditions were the tavern 3 and café restaurant will close for all business, 4 including the sale of and consumption of food and 5 liquor every day from Monday through Sunday at 12 6 a.m. So there’s a 12 o’clock closing. 7 So I sent that out; for your benefit it 8 turned out to be 127 residents and 73 property 9 owners, so -- over 200 people got the notice 10 about tonight. 11 I have Detective Dunlay who is here to 12 articulate the City -- Police Department’s 13 position with respect to Angelo’s. 14 And Mr. Gonzalez is here representing Mr. 15 -- Angelo’s. 16 So if we can get started; it will take 17 maybe five minutes. 18 MAYOR STACK: Okay. 19 MR. FARMER: Okay? 20 MAYOR STACK: Sure. Go right ahead. 21 MR. FARMER: Ray? You want to put your 22 appearance in? 23 MR. GONZALEZ: Sure. 24 For the record, Ramon Gonzalez, firm of 25 Gonzalez and Caride, on behalf of Angelo’s Café.  48 1 DETECTIVE SERGEANT DUNLAY: Good evening. 2 Sergeant David Dunlay, 8383, Union City Police, 3 on behalf of the Union City Police Department. 4 MS. DILLON: Mr. Farmer, does the Sergeant 5 need to be sworn? 6 MR. FARMER: Yes. 7 MS. DILLON: All right. 8 Sergeant, please raise your right hand. 9 Do you affirm the testimony you’re about to 10 give this Board is the whole truth? 11 DETECTIVE SERGEANT DUNLAY: I do. 12 MS. DILLON: Name for the record. 13 DETECTIVE SERGEANT DUNLAY: David A. 14 Dunlay. 15 MS. DILLON: Thank you. 16 MR. FARMER: Detective, how long have you 17 been a member of the Union City Police 18 Department? 19 DETECTIVE SERGEANT DUNLAY: I’m on my tenth 20 year now. 21 MR. FARMER: Okay. 22 And you’re a Detective and are you kind of 23 assigned or are you dealing with any aspect of 24 security and safety within the Union City Police 25 Department?  49 1 DETECTIVE SERGEANT DUNLAY: Yes, sir, I’m 2 currently the Detective Sergeant for the 3 Detective Bureau from seven at night to three in 4 the morning. 5 MR. FARMER: Okay. 6 And in that capacity -- how long you been 7 in that capacity? 8 DETECTIVE SERGEANT DUNLAY: I would say 9 going on five months -- 10 MR. FARMER: Okay. 11 DETECTIVE SERGEANT DUNLAY: -- as a 12 supervisor but six years as a Detective prior to 13 that. 14 MR. FARMER: Okay. 15 And so you’re familiar with the bars in -- 16 in the City. 17 Correct? 18 DETECTIVE SERGEANT DUNLAY: Yes, sir. 19 MR. FARMER: And are you familiar with 20 Angelo’s Café? 21 DETECTIVE SERGEANT DUNLAY: Yes, sir. 22 MR. FARMER: Are you familiar with Angelo’s 23 Café when it was on 37th and Kennedy Boulevard? 24 DETECTIVE SERGEANT DUNLAY: Yes, sir. 25 MR. FARMER: And are you familiar with  50 1 Angelo’s Café now that it’s on 42 -- 42nd Street 2 and Park Avenue? 3 DETECTIVE SERGEANT DUNLAY: I know it’s 4 there, yes. 5 MR. FARMER: Okay. 6 Now, my -- my question is, you’re aware of 7 the fact that there were conditions placed on it 8 which really called for I think at 12 o’clock 9 closing. 10 Correct? 11 DETECTIVE SERGEANT DUNLAY: That is 12 correct. 13 MR. FARMER: All right. That was done last 14 year. 15 Can you articulate for us what the Union 16 City Police Department’s position is with respect 17 to those conditions? 18 Should they be eliminated? Should they be 19 continued? Should they be scaled back? 20 What is the City -- or Police Department -- 21 DETECTIVE SERGEANT DUNLAY: Well, the 22 Police -- 23 MR. FARMER: -- feeling? 24 DETECTIVE SERGEANT DUNLAY: Well, the 25 Police Department’s position is that it should  51 1 stay the same. At this time it’s actually 2 working where we haven’t had a problem with 3 Angelo’s Café at their new location. 4 But that I wholeheartedly believe and so 5 does the Police Department believe that it has to 6 do with their 12 o’clock closing. 7 MR. FARMER: Okay. Let me just ask you two 8 questions. 9 When Angelo’s Café was on 37th Street and 10 Kennedy Boulevard, that’s the same licensee 11 that’s here now, right? 12 DETECTIVE SERGEANT DUNLAY: That is 13 correct. 14 MR. FARMER: Okay. 15 During that time did you have any 16 complaints about noise and things like that? 17 DETECTIVE SERGEANT DUNLAY: Absolutely, 18 yes. 19 MR. FARMER: Okay. 20 Now at the bar that was -- Good Times? 21 DETECTIVE SERGEANT DUNLAY: It was Good 22 Times prior to its -- at 4215 Park Avenue. 23 MR. FARMER: Yeah, prior to it being -- 24 DETECTIVE SERGEANT DUNLAY: Angelo’s Café. 25 MR. FARMER: -- Angelo’s.  52 1 At Good Times did you have complaints of 2 noise and -- 3 DETECTIVE SERGEANT DUNLAY: Yes. 4 MR. FARMER: Okay. 5 Quality of life issues? 6 DETECTIVE SERGEANT DUNLAY: Pretty much 7 that’s all there was was -- it’s a lot of quality 8 of life issues, predominantly noise complaints, 9 people outside yelling, and the loud music. 10 MR. FARMER: But I am correct in -- in 11 saying that now, at 42nd Street and Park, Angelo’s 12 Café you do not get any of those complaints that 13 you had gotten prior to the imposition of the 14 condition? 15 DETECTIVE SERGEANT DUNLAY: That is 16 correct. 17 MR. FARMER: Okay. 18 I have no further questions. 19 MAYOR STACK: Just for clarity, the -- just 20 for the Commissioners and myself, the times of 21 closing right now, Mr. Farmer, are? 22 MR. FARMER: Twelve. 23 MAYOR STACK: Twelve. 24 MR. FARMER: Twelve. 25 MAYOR STACK: That’s across the board?  53 1 MR. FARMER: Across the board. 2 MAYOR STACK: Okay. 3 Any restriction on the jukebox or music -- 4 MR. FARMER: No. 5 MAYOR STACK: -- or music or -- 6 MR. FARMER: No. 7 MAYOR STACK: -- anything like that? 8 No. 9 MR. FARMER: Simply closing. 10 MAYOR STACK: Okay. 11 MR. FARMER: All right? And it closes for 12 everything. 13 MAYOR STACK: Okay. 14 MR. FARMER: Food consumption and alcohol. 15 MAYOR STACK: Right. 16 And, Sergeant, you testified in the time 17 that they’ve been over there, there hasn’t been 18 any issues? 19 DETECTIVE SERGEANT DUNLAY: There hasn’t 20 been one issue of a noise complaint or anything 21 to that effect where we -- where we’ve had to 22 respond. 23 MAYOR STACK: Okay. 24 Mr. Gonzalez? 25 MR. GONZALEZ: Thank you.  54 1 Just so it’s clear, I wasn’t sure -- or I 2 didn’t know quite frankly until this -- until I 3 arrived here that there was going to be this line 4 of questioning. But I’m pretty familiar with the 5 case because I did handle it when we originally 6 appeared before this Board. 7 So, I’m just going to ask a couple of 8 questions off the top of my head. 9 Detective Dunlay, your training and what 10 you do now has to do with community policing or 11 with licensing for liquor license control? 12 DETECTIVE SERGEANT DUNLAY: It’s all 13 encompassing. I do investigative work. I do ABC 14 work. I do quality of life work. It’s just part 15 of the overall aspect of being a Detective in the 16 Union City Police Department. 17 MR. GONZALEZ: And it’s fair to say, based 18 on your testimony, that this -- there has been no 19 problems at that location. 20 Is that right? 21 DETECTIVE SERGEANT DUNLAY: Not that I’m 22 aware of, no. 23 MR. GONZALEZ: Okay. 24 And, in fact, were you doing the same job 25 you’re doing today a year ago?  55 1 DETECTIVE SERGEANT DUNLAY: A year ago, I 2 would say, no. I was promoted already. 3 MR. GONZALEZ: You were promoted already. 4 DETECTIVE SERGEANT DUNLAY: So I was on the 5 midnight shift. 6 MR. GONZALEZ: So you weren’t familiar with 7 what calls came in at Angelo’s Café when it was 8 located at 38th and Kennedy Boulevard, is that 9 right? 10 DETECTIVE SERGEANT DUNLAY: Oh, no, I was 11 aware of it. I got promoted in September. Prior 12 to September of 2014 I was very familiar with 13 Angelo’s Café and the noise complaints. 14 MR. GONZALEZ: You sound very confident, 15 right? 16 DETECTIVE SERGEANT DUNLAY: Extremely, yes. 17 MR. GONZALEZ: Extremely confident. 18 If I told you that the Police Department 19 provided to me a list of all the complaints that 20 came from that location and there were very 21 little to -- to the point where I could probably 22 say there was two complaints over the period of 23 time that Angelo’s Café was there, would that 24 change your opinion? 25 DETECTIVE SERGEANT DUNLAY: From what time  56 1 to what time? 2 MR. GONZALEZ: From the time that they -- 3 the owners of Angelo’s Café, at 38 th and Kennedy 4 Boulevard, there was only two complaints of 5 noise. Would that change your opinion? 6 DETECTIVE SERGEANT DUNLAY: That’s 7 incorrect. 8 MR. GONZALEZ: That’s not correct? 9 DETECTIVE SERGEANT DUNLAY: That’s not 10 correct. 11 MR. GONZALEZ: In fact, -- 12 MR. FARMER: If I -- well, could I just 13 make a -- can I make a -- 14 MR. GONZALEZ: I’m in the middle of my -- 15 MR. FARMER: I -- but wait a second. Just 16 because you’re in the middle of something that 17 doesn’t mean I can’t object to what you’re 18 saying. 19 MR. GONZALEZ: Well, -- 20 MR. FARMER: You seem to be -- 21 MR. GONZALEZ: -- what’s the objection, 22 Greg? 23 MR. FARMER: I’m going to tell you. 24 You seem to be referencing your questioning 25 on some information that you seem to have, which  57 1 you’ve never disclosed to me or -- 2 MR. GONZALEZ: Greg, you gave it to me. 3 MR. FARMER: Hold it. Hold it. Wait a 4 second. Let me finish. 5 -- that you have not disclosed to me or 6 even to the Police Department. 7 And if you’re going to say, gee, Greg, you 8 just gave me this this evening and I had no idea 9 and this, that or the other thing, that’s not 10 accurate. Because Marlene Caride -- 11 MR. GONZALEZ: What’s the objection? I 12 just don’t under -- 13 MR. FARMER: Wait a second. My objection 14 is -- 15 MR. GONZALEZ: If the counsel for the Board 16 -- for the ABC Board -- 17 MR. FARMER: Please don’t talk over me, -- 18 MR. GONZALEZ: -- could -- 19 MR. FARMER: -- Ray. 20 MR. GONZALEZ: -- could rule on -- 21 MS. DILLON: Mr. Gonzalez, please step 22 forward. 23 MR. GONZALEZ: -- an objection or no 24 objection, not on a statement that Mr. Farmer is 25 going on with, --  58 1 MR. FARMER: Well, -- 2 MR. GONZALEZ: -- we can proceed. 3 MR. FARMER: Well you gave the impression 4 that you were surprised that you got this stuff. 5 Marlene Caride’s been in this case and been 6 here on a number of times dealing with this 7 issue. All I’m saying in a nutshell is I don’t 8 think it’s fair to ask questions to somebody 9 about documents that you have, asking them to 10 accept what your interpretation of those 11 documents is. 12 MAYOR STACK: Do you have a copy of them, 13 Mr. Gonzalez, just for -- 14 MR. GONZALEZ: I don’t have them here but 15 if he made reference to something during his 16 direct questioning, I clearly can ask questions 17 on it. 18 Whether Mr. Farmer has it or doesn’t have 19 it, that’s not my fault. He knew what his 20 procedure was going to be. But he clearly knew 21 that he was going to ask Detective Dunlay 22 something about what happened when it was 23 Angelo’s Café on 38th Street. Luckily I remember 24 what was provided to me. 25 MR. FARMER: Well, luck has got nothing to  59 1 do with it. This is a -- the position of the -- 2 MR. GONZALEZ: Then -- 3 MR. FARMER: -- Police -- 4 MR. GONZALEZ: Then -- 5 MR. FARMER: -- the position with the 6 Police concerning the condition -- 7 MR. GONZALEZ: That’s -- 8 MR. FARMER: -- that’s on the license and 9 on the licensee. 10 I mean this is not rocket science. 11 MR. GONZALEZ: No it isn’t but it -- 12 there’s still rules that we followed, Mr. Farmer. 13 And if you ask a question -- 14 MR. FARMER: Well, -- 15 MR. GONZALEZ: -- what happened when -- 16 when Angelo’s Café was on 38th and Kennedy, I can 17 ask questions to the Officer. 18 MR. FARMER: I have no problem with that. 19 MR. GONZALEZ: Well that’s what I’m trying 20 to do. 21 MR. FARMER: Well you can’t ask him, I got 22 a document that says there were no complaints on 23 such and such or there were complaints, is that 24 true, Officer? 25 I mean if you got a --  60 1 MR. GONZALEZ: You know what, Mr. Farmer, 2 I’ll -- 3 MR. FARMER: -- document show it to him. 4 MR. GONZALEZ: -- make it even easier. 5 MR. FARMER: Okay. 6 MR. GONZALEZ: Can I continue? 7 MAYOR STACK: Please. 8 MR. GONZALEZ: Do you know how many calls 9 were made to Angelo’s Café? 10 DETECTIVE SERGEANT DUNLAY: No, I don’t 11 have -- 12 MR. GONZALEZ: You have none? 13 DETECTIVE SERGEANT DUNLAY: No. 14 MR. GONZALEZ: No idea. 15 Do you know how many calls were made to the 16 establishment prior to Angelo’s Café opening up 17 on -- on Park Avenue? 18 DETECTIVE SERGEANT DUNLAY: Off the top of 19 my head, no I do not. 20 MR. GONZALEZ: No idea? 21 DETECTIVE SERGEANT DUNLAY: No. 22 MR. GONZALEZ: If I told you that there was 23 only one noise complaint, would that change the 24 Police Department’s opinion? 25 DETECTIVE SERGEANT DUNLAY: That I could  61 1 tell you is not accurate. 2 MR. GONZALEZ: It isn’t. You’re saying no? 3 DETECTIVE SERGEANT DUNLAY: If what you’re 4 tell -- if you’re telling me that -- 5 MR. GONZALEZ: That’s fine. 6 DETECTIVE SERGEANT DUNLAY: -- 38 -- just 7 for -- 8 MR. GONZALEZ: There’s no question -- 9 DETECTIVE SERGEANT DUNLAY: -- just for 10 clarification. 11 MR. GONZALEZ: There’s no question asked. 12 You -- 13 DETECTIVE SERGEANT DUNLAY: Okay. 14 MR. GONZALEZ: -- answered the question. 15 You answered the question. 16 DETECTIVE SERGEANT DUNLAY: Okay. 17 MR. FARMER: Anything else? 18 MR. GONZALEZ: I have no further questions. 19 MR. FARMER: All right. 20 That’s it. 21 I’d like to just -- 22 MAYOR STACK: Mr. Farmer? 23 MR. FARMER: I’d’ just like to offer to the 24 -- to the Board the documents that I referred to, 25 my -- my affidavit and my -- and the notice and  62 1 the list of the people that we sent it to. 2 Is there anyone here in response to a 3 letter that they received concerning Angelo’s 4 Café at 42nd Street and -- 46th Street -- or 42nd 5 Street -- and Park Avenue? 6 MAYOR STACK: Forty-two. 7 MS. NOVA: 4215. 8 MR. FARMER: Forty-two. 9 MAYOR STACK: 4215 Park Avenue. 10 MR. FARMER: 42nd. 11 Anybody here on that? 12 We sent out a couple hundred notices; 13 that’s all I can say. And that’s that. 14 MAYOR STACK: Okay. 15 Are the owners of the establishment here? 16 MR. GONZALEZ: No, because they -- they 17 weren’t told that they were -- be here. I didn’t 18 tell them we were going to be here because I 19 didn’t think that we were going to have a hearing 20 to this fashion. 21 But irrespective, if the Board is familiar, 22 this is a meeting that we had at -- right on Park 23 Avenue, right down the block, where I had a great 24 dinner before we started at Beyti Kebab’s. 25 MAYOR STACK: Oh, I remember.  63 1 MR. GONZALEZ: And it was quite a 2 contentious hearing because there were certain 3 people that were not owners, that were tenants -- 4 actually there was only two. One, -- that was 5 the one who was -- really questioned the issue. 6 And we went through a full blown hearing. 7 And that’s where the -- it was actually 8 Chief Molinari that provided to me every call 9 that came from every location where Angelo’s was 10 and where they were going to. And that’s how I 11 remembered this because there was quite a bit of 12 stack of information and it turned out that it 13 was very little calls. 14 In other words if the Police went because 15 somebody was blocking the fire hydrant, they 16 counted that as, ooh, a call to that area. 17 Unjustified. Where Chief Molinari actually said 18 this is what it is; there’s only a minimal 19 amount. 20 As a condition and a suggestion, which I 21 thought was absolutely fine and I convinced my 22 client that it was the right thing to do, show 23 goodwill, show that you people will abide by 24 everything, and we agreed to the 12 o’clock 25 closing with the condition after a year we could  64 1 come back. If there’s really no problems, if 2 nobody complains, there shouldn’t be a problem. 3 I’ve never seen the ABC Prosecutor send out 4 certified mails to owners, tenants, in the amount 5 of 200 to come -- notice to the hearing and not 6 one person show up for that hearing to complain 7 of an issue that really is moot. 8 So, it befuddles me why the Police 9 Department would object to something where they 10 themselves are here testifying that there hasn’t 11 been a problem. And that the problems that -- 12 that are coming up were things in the past, which 13 this Board found unjustified and uncalled for. 14 So, I respectfully request that the 15 condition that was placed on the Board (sic), 16 rightfully so and agreed upon to show good will, 17 should now be lifted. 18 The Board has all the powers the Police do. 19 If there’s a problem there, they could still go 20 and shut them down, give them a fine, give them a 21 penalty, revoke their license. You’re not giving 22 up anything to that effect. 23 The only person that’s really being 24 prejudiced here is the owner who has put the 25 first step forward to say tell us what you want,  65 1 you’ll see what we’re about; and they proved it. 2 So, I just don’t understand why the Police 3 Department would now come with this argument to 4 say, you know what, it’s not a good idea. 5 That’s all. 6 MAYOR STACK: Mr. Farmer? 7 MR. FARMER: Well, the only thing I want to 8 say is a couple of things. 9 When Mr. Gonzalez says he’s never seen the 10 ABC Prosecutor send out letters to all the owners 11 and things like that, well if he had been here 12 two weeks ago he would have seen that, because 13 that’s exactly what we did in Uno Bar. 14 MR. GONZALEZ: And I congratulate you, 15 Greg, because -- 16 MR. FARMER: Okay. 17 MR. GONZALEZ: -- that way everybody’s on 18 notice and there’s no -- no issue that nobody -- 19 MR. FARMER: Okay. 20 MR. GONZALEZ: -- knew about that’s going 21 on. 22 MR. FARMER: The situation is this. The 23 Police say we had problems with respect to the 24 licensee and when it was over at Kennedy 25 Boulevard and 37th Street. They say no.  66 1 Well let me ask you this question, if 2 nothing’s going on there how come the -- it’s on 3 the Police radar? Nothing’s going on there how 4 come it’s on the Police radar with respect to 5 noise? 6 Not fights. Not -- not stabbings or this, 7 that or the other but with respect to noise. And 8 the noise seems to travel with the licensee. The 9 licensee had -- and, you know, was he making -- 10 he’s not making this up. They had noise; they 11 don’t have noise. What happened? We put a 12 condition on the license. Therefore, no noise? 13 Condition. Noise? No condition. 14 So that’s -- my sense is why -- why change 15 something that’s working. 16 MAYOR STACK: What is -- Mr. Gonzalez, 17 maybe if I could just -- 18 MR. GONZALEZ: Sure. 19 MAYOR STACK: -- what is -- what is their 20 intention at this establishment? To have live 21 music or -- 22 MR. GONZALEZ: They don’t have any of that. 23 They serve food. Everybody else around them is 24 open. You know, if they want to serve beer, they 25 serve beer. They serve wine to get patrons.  67 1 MAYOR STACK: What about in the way of like 2 music? Any live music? Any jukebox they’re 3 going to have? Any type of -- 4 MR. GONZALEZ: I think they have a jukebox. 5 MAYOR STACK: Okay. 6 MR. GONZALEZ: And the answer is we’ve gone 7 there and we’ve invited the Board to go there. 8 One of the issues was that prior to that they 9 used to have the doors open. They don’t have the 10 doors open. That’s one of the suggestions that 11 Your Honor made. They don’t have the door open. 12 There’s a door way in the back; they don’t 13 even open that. And that was just for 14 ventilation. They wound up getting a system to 15 keep it cool without having any draft going 16 through. 17 So if it was a contention that everybody 18 was closed at 12, I wouldn’t make an argument. 19 But it’s being unfairly -- this condition now is 20 being unfair as to that owner. And they complied 21 with all the requests of the Board over a year 22 ago. And that’s why we’re here. 23 If there was purely condition that you’re 24 never going to get it, I would have told my 25 client you’re not going to get it. He might not  68 1 have gone into the business but he trusted in the 2 Board and he complied with the conditions of the 3 Board and he’s fulfilled his side and now it 4 would be unfair not to give him what was 5 essentially promised if he complied. 6 MAYOR STACK: Okay. All right. 7 Lieutenant? 8 LIEUTENANT LOACES: Would it be okay if I 9 weighed in here? 10 MAYOR STACK: Please. Please. 11 LIEUTENANT LOACES: Lieutenant Loaces, L-O- 12 A-C-E-S. 13 MS. DILLON: Please raise your right hand. 14 Do you affirm the testimony you’re about to 15 give this Board is the whole truth? 16 LIEUTENANT LOACES: I do. 17 MS. DILLON: Thank you. 18 LIEUTENANT LOACES: Mr. Gonzalez made a 19 comment -- 20 MR. GONZALEZ: I have to object. 21 I don’t understand what Officer Loaces is 22 doing. Is he -- is he giving a statement or is 23 he being questioned by the Prosecutor? 24 MAYOR STACK: I think he’s -- 25 MR. GONZALEZ: I’m missing it.  69 1 MAYOR STACK: I think he’s just going to 2 maybe add some -- some information that maybe 3 could be beneficial to all of us. 4 And you’ll have an opportunity to question 5 him also. Mr. Farmer wants to also. 6 LIEUTENANT LOACES: Excuse me. 7 Mr. Gonzalez made a comment that he’s only 8 aware of two incidents that occurred. I’m not 9 sure what he’s basing that on. I’m not doubting 10 that that’s what he believes. 11 I can tell you myself that I’ve personally 12 been there on numerous occasions. Numerous. 13 That aside, -- 14 MAYOR STACK: At what location? 15 LIEUTENANT LOACES: At the one at Kennedy 16 Boulevard, which is I believe what you stated 17 there was only two. 18 MR. GONZALEZ: Correct. 19 LIEUTENANT LOACES: Like I said -- 20 MAYOR STACK: Thank you. 21 LIEUTENANT LOACES: -- I’m not doubting 22 what you believe but I believe your information 23 is erroneous. 24 Nonetheless, when we first came up with 25 this condition, I believe it was a year ago, as  70 1 far as them closing at midnight, I believe the 2 reason we came to that agreement was because of 3 the fact that the licensee made the argument that 4 their sole purpose or their main purpose for 5 existence is that of a restaurant. 6 We explained to them that the area was 7 problematic in the sense that we have had, with 8 the previous licensee and the previous 9 establishment, a lot of complaints there of 10 noise, disorderly groups and the like. 11 The licensee acquiesced and said that since 12 he is a restaurant he thought it was reasonable 13 for him to close at midnight. 14 Sergeant Dunlay is correct, I don’t believe 15 we’ve had any calls for service there in the last 16 year. But I think the reason for that is because 17 of these conditions. 18 I am -- I fear that if we go back to two 19 o’clock that we’re going to start getting these 20 calls again. Obviously I can’t foretell the 21 future; I’m not suggesting that I can. But my 22 experience with that area is that once 12:15, 23 12:30 comes around and the music and the -- we’re 24 going to start getting the complaints again. 25 Which not only are we going to be back here again  71 1 but it’s going to hurt the licensee. 2 I mean I know Mr. Gonzalez pointed out that 3 it doesn’t take away the Board’s option to 4 suspend their license, revoke it and all those 5 things. But I just think -- and this is just my 6 opinion -- that if it’s not broken, don’t fix it. 7 It’s working fine. The community has taken 8 Angelo’s Café and made them a part of their 9 community. I think if we raised it again we’re 10 going to start having the issues again. 11 And just one thing that I’d like to correct 12 Mr. Gonzalez on. He stated that those front 13 doors are not opened anymore. That is not true. 14 I have passed there myself in the summer on 15 numerous occasions and all those doors are open. 16 Mind you it’s not causing a problem but as far as 17 them keeping those doors closed, that’s 18 completely erroneous. I pass there -- granted 19 they’re not -- maybe they’re not open now because 20 we’re in -- in the fall and maybe they won’t be 21 open in the winter but come the summer again 22 they’re going to be open again. And that’s fine 23 because that’s the ambience; it works. It’s 24 working the way it is right now. 25 I just think that changing it back to two  72 1 o’clock is a mistake. And I think it would -- 2 even going to -- I think if the Board’s even 3 going to consider that, perhaps it would be 4 beneficial for both sides if we did it on a trial 5 basis. Perhaps three months, six months and see 6 what happens. But my feeling is it’s going to be 7 a problem. 8 MAYOR STACK: Mr. Gonzalez, do you want to 9 ask any questions of Lieutenant Loaces? 10 MR. GONZALEZ: No. 11 LIEUTENANT LOACES: Thank you. 12 MAYOR STACK: Mr. Farmer, did you want to 13 have any questions for the Lieutenant? 14 MR. FARMER: No. 15 MAYOR STACK: Okay. 16 MR. FARMER: No, I don’t have any. 17 MAYOR STACK: Do you have anything further? 18 MR. FARMER: No, that’s it. I mean the 19 situation -- just so we got -- don’t get confused 20 here. 21 This is not a disciplinary proceeding. 22 This is an application before this Board, which 23 issues licenses, for a continuation of their 24 license to dispense alcohol, to play music, to do 25 whatever. Just like a Planning Board. This is  73 1 not an adversarial proceeding. 2 Police got up and gave their opinion of 3 what it is. None of the residents showed up 4 despite the fact that they were noticed. And 5 Lieutenant Loaces came up with maybe a middle 6 ground suggestion. I don’t know whether or not 7 that’s, you know, what we want to do. 8 I mean it’s not -- it’s not a disciplinary 9 adversarial proceedings. Just like Board of 10 Adjustment and asking if you want to give them a 11 variance for a side yard restriction. 12 And it’s pretty clear the positions. You 13 know, one person says, hey, I came in here and I 14 -- I agreed to this as a sign of a good faith and 15 -- not to do anything and I’ve done what I said I 16 was going to do. And you got the Police coming 17 in saying, listen, we had a lot of problems with 18 that place before and with the licensee when they 19 were over there; we put this condition on we 20 don’t have any problems anymore. 21 MAYOR STACK: The biggest problem that we 22 have here is the opening of the front doors, the 23 door, the window in the front and the rear. 24 That’s the biggest because -- I mean that’s 25 something we dealt with -- not so much right now  74 1 but the past establishment that was there. 2 There’s no doubt about that. 3 All right. 4 Anything further, Mr. Gonzalez? 5 Okay, I’ll make a motion to keep the 6 conditions in place. 7 ACTING CITY CLERK: Motion by Mayor Stack. 8 COMMISSIONER FERNANDEZ: Second. 9 ACTING CITY CLERK: Second by Commissioner 10 Fernandez. 11 Roll call. 12 Commissioner Fernandez? 13 COMMISSIONER FERNANDEZ: Yes. 14 ACTING CITY CLERK: Commissioner Rivas? 15 COMMISSIONER RIVAS: Yes. 16 ACTING CITY CLERK: Commissioner Valdivia? 17 Left. 18 Commissioner Martinetti? 19 COMMISSIONER MARTINETTI: Yes. 20 ACTING CITY CLERK: Mayor Stack? 21 MAYOR STACK: Yes. 22 MR. FARMER: Okay, thanks. 23 24 * * * 25  75 1 DOLORES CASTRO t/a UNO BAR, Located at 3607 New 2 York Avenue 3 Liquor License No. 0910-33-108-004: 4 5 MR. FARMER: As an aside I spoke to 6 Detective Dunlay in the fact that if there was a 7 connection between Uno Bar and -- Uno Bar and El 8 Cuco. And apparently he’s going to be talking 9 with the State to see whether or not there is any 10 interplay between El Cuco and Uno Bar. 11 Seems the State’s investigating them with 12 respect to purchases from unauthorized people; 13 like, for example, a BJ’s or something of that 14 kind. 15 So next time maybe I can report because 16 he’s going to be meeting with the State in the 17 next couple of days. 18 MAYOR STACK: Okay. 19 MR. FARMER: All right? 20 21 * * * 22 23 24 25  76 1 MAYEM (sic) CORP. t/a EL TREBOL, Located at 3204 2 Bergenline Avenue 3 Liquor License No. 0910-33-190-008 4 5 MR. FARMER: We have El Trebol, which is 6 number 1 on your calendar. And Mr. Gonzalez 7 represents the licensee. 8 Okay. 9 You want to put your appearance on, so 10 that -- 11 MR. GONZALEZ: Yes. 12 For the record, Ramon Gonzalez, firm of 13 Gonzalez and Caride, on behalf of El Trebol. 14 MS. DILLON: Thank you. 15 MR. FARMER: I would recommend that we 16 dismiss this. Let me tell you what the story is 17 here. 18 The Police came around with a disturbance 19 and they found a person who was intoxicated. The 20 licensee says the person came in, they pushed him 21 out, he got belligerent, he broke some window or 22 something, hit a customer, got arrested, had a 23 municipal court complaint. Whatever. 24 The Police report indicated, however, that 25 the person said that he had been drinking there  77 1 for a long period of time, resulting in a charge 2 of serving an intoxicated person. 3 However, I’m not going to be able to prove 4 that case because the person who was the main 5 person in the drama here is no longer around and, 6 as a matter of fact it’s my understanding on 7 information and belief from the Police, that he 8 got arrested on a substantial drug case and is 9 presently in jail. 10 So it doesn’t strike me as a case that we 11 should keep lingering on because I don’t think we 12 have great optimism that we’re going to get his 13 cooperation in the future. 14 So, I would recommend -- 15 Nobody -- and just as an ending, nobody got 16 hurt in this. So, we don’t have any issue of 17 anybody seriously being injured. 18 So I would recommend to the Board to 19 dismiss it. 20 MAYOR STACK: Okay. I’ll make a motion to 21 dismiss -- 22 ACTING CITY CLERK: Motion to dismiss -- 23 MAYOR STACK: -- upon Mr. Farmer’s 24 recommendation. 25 ACTING CITY CLERK: -- by Mayor Stack.  78 1 COMMISSIONER FERNANDEZ: Second. 2 ACTING CITY CLERK: Second by Commissioner 3 Fernandez. 4 Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Yes. 7 ACTING CITY CLERK: Commissioner Rivas? 8 COMMISSIONER RIVAS: Yes. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 Not here. 11 Commissioner Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 MR. FARMER: Okay. 16 Number -- 17 MR. GONZALEZ: Thank you. 18 MR. FARMER: Thank you. 19 Take care, Ray. 20 MAYOR STACK: Thank you, Mr. Gonzalez. 21 22 * * * 23 24 25  79 1 BAMBINAS BAR & RESTAURANT t/a MILAGRO ECUATORIANO 2 RESTAURANT, Located at 2906 Bergenline Avenue 3 Liquor License No. 0910-33-040-009 4 5 MR. FARMER: Number 2, Bambinas. They 6 haven’t showed up. I don’t know why. But -- 7 MAYOR STACK: This establishment though is 8 before us again on a new violation? 9 MR. FARMER: Well, that’s what I’m trying 10 to -- 11 This is -- Bambinas, 29 -- I don’t think 12 it’s a new violation. I think -- 13 MAYOR STACK: This is a new violation 14 though. 15 Right? 16 What’s the date of this violation? 17 MR. FARMER: What? 18 Bambinas. There -- 19 DETECTIVE SERGEANT DUNLAY: That’s a new 20 incident. 21 MR. FARMER: It’s a new incident? 22 DETECTIVE SERGEANT DUNLAY: It should be a 23 new incident. 24 MR. FARMER: Well the one I’m talking 25 about --  80 1 DETECTIVE SERGEANT DUNLAY: Yeah, there was 2 a fight. 3 MS. NOVA: Milagro is a new -- 4 MR. FARMER: Yeah. 5 MS. NOVA: -- violation. 6 DETECTIVE SERGEANT DUNLAY: Because I know 7 I asked -- 8 MAYOR STACK: It’s a new one? 9 MS. NOVA: Yes. 10 DETECTIVE SERGEANT DUNLAY: It’s a new one, 11 yes, sir. 12 MS. NOVA: It’s new. 13 MAYOR STACK: Constantly. 14 MR. FARMER: But there’s -- 15 MAYOR STACK: It’s constantly. 16 (Whereupon, there was a pause in the 17 proceedings.) 18 MR. FARMER: Just -- Bambinas, just for -- 19 I have the charges over there but I’m familiar 20 with the thing. 21 This is the one where the woman had an 22 offense couple months ago. We suspended the 23 license. She then was operating while the 24 license was suspended. We suspended it again for 25 seven days.  81 1 This situation deals with a person 2 apparently coming into the place. Two people go 3 in the bathroom, something happens, one person 4 leaves, another person goes into the kitchen, the 5 Police get there, everybody’s gone. That’s what 6 it’s about. 7 If she stays true to form she will come 8 here next time and lament about that she’s not 9 making any business and things like that and not 10 -- doing the best she can and nothing happened 11 here. 12 I’ve tried to talk to her about selling us 13 the license; I haven’t gotten much of a response. 14 MAYOR STACK: She has an interest in 15 selling her license to the City? 16 MR. FARMER: I don’t think so. I don’t 17 think so. 18 MAYOR STACK: No? 19 MR. FARMER: No. Yeah, no, I don’t think 20 so. 21 MAYOR STACK: No. 22 MR. FARMER: But the fact of the matter is 23 what you recall is that we suspended her license 24 and then she got -- she continued to operate 25 during suspension. She came back here, we did  82 1 the -- 2 This is a new charge. And this is a charge 3 of not -- not a great deal of injury -- none -- 4 none injury as a matter of fact. Not a big 5 incident. 6 MAYOR STACK: She -- 7 MR. FARMER: Two people come in, -- 8 MAYOR STACK: She needs to learn. I mean 9 just from my view, she needs to learn how to 10 manage the establishment. 11 MR. FARMER: Well, I think that’s a real 12 issue, too. I think that’s -- 13 MAYOR STACK: It’s constant. 14 MR. FARMER: Yeah. 15 MAYOR STACK: I mean it seems like she’s 16 constantly before us. 17 MR. FARMER: Yeah. 18 MAYOR STACK: And it’s the same thing over 19 and over and over again. 20 MR. FARMER: Yeah. Yeah. 21 MAYOR STACK: Wasting the Police 22 Department’s time. 23 MR. FARMER: Um-hum. 24 MAYOR STACK: Bothering the neighbors in 25 the area. It’s a constant thing.  83 1 MR. FARMER: All right, let’s bring her in 2 on the 17th -- 3 MAYOR STACK: Okay. 4 MR. FARMER: -- and put it to rest. 5 MAYOR STACK: So we’ll re-notify her now, 6 Greg? 7 MR. FARMER: Yeah, I’ll re-notify her. 8 MAYOR STACK: Okay. 9 MR. FARMER: Okay? 10 MAYOR STACK: Okay, good. 11 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  84 1 RG ENTERPRISE ENTERTAINMENT t/a THERAPY LOUNGE, 2 Located at 2803 Bergenline Avenue 3 Liquor License No. 0910-33-134-006 4 5 MR. FARMER: And the other one is -- the 6 last one is Therapy. And that’s one where we’re 7 going to need some film on it so-to-speak and 8 play an episode of what was captured on film at 9 that. 10 11 * * * 12 13 MR. FARMER: And I may have talked to you 14 about possibly having a day where we can get rid 15 of maybe all the cases that are pending. 16 MAYOR STACK: Okay. 17 MR. FARMER: And what I would suggest is 18 this. The next meeting we’re going to have is 19 November 17th. At the expiration of that meeting, 20 whatever’s left, we can put on for maybe first 21 week in December or something and perhaps get rid 22 of everything and start the new year on a zero -- 23 MAYOR STACK: That would be good. 24 MR. FARMER: Okay? 25 MAYOR STACK: That would be good.  85 1 MR. FARMER: All right? 2 And that wraps it up. 3 MAYOR STACK: We could -- maybe we could 4 pick out a date right now in December while we’re 5 all here. 6 ACTING CITY CLERK: No, Valdivia’s not 7 here. 8 MAYOR STACK: We could pick it out right 9 now. 10 Why don’t we do it on -- why don’t we do it 11 on -- we could either -- well, how many -- how 12 much time do you think you’ll need, Greg? 13 MR. FARMER: Three hours. 14 MAYOR STACK: Three? 15 MR. FARMER: Yeah. 16 MAYOR STACK: That’s good. 17 MR. FARMER: If we could do one to four, I 18 think we could get rid of a lot of it. 19 MAYOR STACK: How about we’ll do -- we’ll 20 do it -- we’ll start it at 12 noon, -- 21 MR. FARMER: Okay. Let’s -- 22 MAYOR STACK: -- 12 to three. How’s that? 23 MR. FARMER: All right, why don’t you do 12 24 to four just in case something goes awry. 25 MAYOR STACK: All right, 12 to four.  86 1 ACTING CITY CLERK: When is this, Mayor? 2 MAYOR STACK: That’s going to be on Friday, 3 December the 4th. 4 Lucio’s going to bring lunch. 5 COMMISSIONER FERNANDEZ: Okay. 6 MAYOR STACK: Twelve to four. 7 ACTING CITY CLERK: December 4 th. 8 COMMISSIONER MARTINETTI: That’s my -- my 9 anniversary. 10 ACTING CITY CLERK: At the Musto? 11 MAYOR STACK: Yeah but that’s okay; you’ll 12 go out at night. 13 COMMISSIONER FERNANDEZ: Come on, Margie. 14 MAYOR STACK: All right? 15 ACTING CITY CLERK: Mayor, the Musto 16 Center, right? 17 MR. FARMER: Musto Center. 18 COMMISSIONER MARTINETTI: Marty’s going to 19 -- 20 MS. NOVA: Bring Marty. 21 MAYOR STACK: Go out at night. You going 22 to take the whole day off? You’re with each 23 other every day. 24 COMMISSIONER FERNANDEZ: Yeah, come on, 25 Margie.  87 1 ACTING CITY CLERK: Mayor, Musto Center, 2 right? 3 MAYOR STACK: At the Musto Center. Twelve 4 to four, liquor hearings, December 4th -- Friday, 5 December 4th. 6 ACTING CITY CLERK: Got it. 7 MR. FARMER: Okay. 8 MAYOR STACK: You’ll notify everyone? 9 MR. FARMER: Yes, I will. 10 MAYOR STACK: Maybe we’ll get to see 11 Sergeant Dunlay again. 12 MR. FARMER: We’re still going to have some 13 stuff on for November 17th. 14 MAYOR STACK: November 17th, I have that 15 down. 16 MR. FARMER: Right. Okay. 17 MAYOR STACK: We’ll be ready for that. 18 ACTING CITY CLERK: That’s the Regular 19 Meeting. 20 MR. FARMER: That’s the Regular Meeting, 21 yes. 22 ACTING CITY CLERK: That’s right. 23 24 ADJOURNMENT: 25  88 1 ACTING CITY CLERK: Mayor, there are no 2 other items on the agenda. 3 Is there a motion to adjourn? 4 COMMISSIONER RIVAS: Motion. 5 MAYOR STACK: Motion. 6 ACTING CITY CLERK: Motion by Commissioner 7 Fernandez. 8 Second by Mayor Stack. 9 All in favor? 10 MAYOR STACK: You got it. 11 12 (Whereupon, there was a chorus of ayes.) 13 14 (Whereupon, the proceedings were concluded 15 at 8:04 p.m.) 16 17 18 19 20 21 22 23 24 25  89 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  90 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 heard on Wednesday, November 4, 2015 and 10 digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored by and Proofread by: Deborah Dillon