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 9, 2016 Commencing at 7:01 p.m. M E M B E R S P R E S E N T: LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER TILO E. RIVAS, COMMISSIONER CELIN J. VALDIVIA, COMMISSIONER BRIAN P. STACK, MAYOR 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 ERIN KNOEDLER, DEPUTY CITY CLERK SCARINCI HOLLENBECK BY: KRYSTLE NOVA, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 4 APPROVAL OF MINUTES 4 ORDINANCES FOR INTROUDCTION 5, 7 CONSENT AGENDA 9 REGULAR AGENDA 19,20, 21 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 26 LIQUOR LICENSE TRANSFER HEARING 29 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS 33 El Munequito Corp. t/a El Miguelino 34 Mayen Corp. t/a El Trebol 35 Partners Associates, LLC t/a Los Reyes 35 Variedad Latina t/a Variedad Latina Restaurant 36 Hare Om, Inc. t/a Yunaris Liquors 37 Los Laureles Liquors t/a Los Laureles Liquors 41 Sai Prasad Inc. t/a Bergenline Liquors 43 ADJOURNMENT 47  3 1 ACTING CITY CLERK: Can I have your 2 attention please? 3 This is a Regular Public Meeting of the 4 Union City Board of Commissioners, being held on 5 Wednesday, November 9th, 2016, at seven p.m., at 6 the Islamic Education Center, 4613 Cottage Place, 7 Union City, New Jersey. 8 Everyone, please rise for the Pledge of 9 Allegiance of the flag. 10 11 (Whereupon the Pledge of Allegiance was 12 said by all.) 13 14 ACTING CITY CLERK: This meeting has been 15 called in accordance with Chapter 231, Public Law 16 of 1975, the Open Public Meeting Act. 17 Adequate -- adequate notice of this meeting 18 has been provided as follows: 19 Notice of this meeting setting forth the 20 time, the date, location, the agenda, to the 21 extent known, was forwarded to The Jersey 22 Journal, The Record, The Hudson Reporter, has 23 been posted on the bulletin board in City Hall, 24 has been made available to the -- to the public 25 in the Office of -- of Municipal Clerk.  4 1 2 ROLL CALL: 3 4 ACTING CITY CLERK: Roll call. 5 Commissioner Fernandez? 6 COMMISSIONER FERNANDEZ: Here. 7 ACTING CITY CLERK: Commissioner Rivas? 8 COMMISSIONER RIVAS: Here. 9 ACTING CITY CLERK: Commissioner Valdivia? 10 COMMISSIONER VALDIVIA: Here. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Here. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Here. 16 17 (Whereupon, the Board discussed and took 18 action on the following item: 19 APPROVAL OF PREVIOUS MEETING MINUTES FROM OCTOBER 20 18, 2016.) 21 22 ACTING CITY CLERK: First item on the 23 agenda is Approval of Previous Meeting Minutes of 24 October 18, 2016. 25 MAYOR STACK: I’ll move it.  5 1 COMMISSIONER RIVAS: And I’ll second. 2 ACTING CITY CLERK: Motion by Mayor Stack. 3 Second by Commissioner Rivas. 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: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 17 (Whereupon, the Board discussed and took 18 action on the following item: 19 ORDINANCES FOR INTRODUCTION: 20 1. AN ORDINANCE REQUIRING THE INSTALLATION OF 21 A KEY LOCK BOX EMERGENCY ACCESS SYSTEM FOR USE BY 22 THE UNION CITY POLICE DEPARTMENT DURING AN 23 EMERGENCY OR ANY OTHER ACTION DEEMED NECESSARY BY 24 THE NORTH HUDSON REGIONAL FIRE AND RESCUE AND 25 CREATING A CHAPTER 18 OF THE CODE OF THE CITY OF  6 1 UNION CITY.) 2 3 ACTING CITY CLERK: Next item is an 4 Ordinance for Introduction. 5 This Ordinance will be -- will be further 6 considered at a meeting on November 22 nd, 2016, in 7 the Bruce -- Bruce D. Walter Recreation Center, 8 Union City, New Jersey. 9 It’s Ordinance Requiring the Installation 10 of a Key Lock Box Emergency Access System for Use 11 by the Union City Police Department During 12 Emergency or Any Other Action Deemed Necessary 13 for the North Hudson Regional Fire and Rescue and 14 Creating Chapter 18 of the Code of the City of 15 Union City. 16 MAYOR STACK: This Ordinance will be -- 17 will be heard, as the Clerk just mentioned, on 18 November 22nd. 19 It just gives Public Safety one more way of 20 accessing to a building during emergency 21 situations. 22 I’ll move it. 23 COMMISSIONER VALDIVIA: Second. 24 ACTING CITY CLERK: Motion by Mayor Stack. 25 Second by Commissioner Valdivia.  7 1 Roll call. 2 Commissioner Fernandez? 3 COMMISSIONER FERNANDEZ: Yes. 4 ACTING CITY CLERK: Commissioner Rivas? 5 COMMISSIONER RIVAS: Yes. 6 ACTING CITY CLERK: Commissioner Valdivia? 7 COMMISSIONER VALDIVIA: Yes. 8 ACTING CITY CLERK: Commissioner 9 Martinetti? 10 COMMISSIONER MARTINETTI: I’m recusing. 11 ACTING CITY CLERK: Commissioner Martinetti 12 recusing. 13 Mayor Stack? 14 MAYOR STACK: Yes. 15 16 (Whereupon, the Board discussed and took 17 action on the following item: 18 ORDINANCES FOR INTRODUCTION: 19 2. AN ORDINANCE AMENDING CHAPTER 334 OF THE 20 CODE OF THE CITY OF UNION CITY ENTITLED “RENT 21 STABILIZATION”.) 22 23 ACTING CITY CLERK: Another Ordinance 24 Amending Chapter 334 of the Code of the City of 25 Union City Entitled -- Entitled Rent  8 1 Stabilization. 2 MAYOR STACK: This Ordinance also is -- 3 we’ll hearing it at the next meeting. 4 It’s just also giving additional protection 5 to the tenants in the City of Union City during 6 the toughest economic times probably in most of 7 our lifetime, where it will be a maximum of two 8 percent that will be charged to a senior citizen 9 in Union City or the CPI, what is every lower. 10 On -- additional on all other tenants it 11 would be a maximum of three percent or the CPI, 12 which is ever lower. 13 That again will be held -- heard at our 14 next meeting of the Board of Commissioners. And 15 once again it’s just another layer of protection 16 realizing how hard residents have it in the City 17 of Union City in buildings where it’s a rent 18 controlled building. 19 I’ll move it. 20 COMMISSIONER MARTINETTI: Second. 21 ACTING CITY CLERK: Moved by Mayor Stack. 22 Second by Commissioner Martinetti. 23 Roll -- roll call. 24 Commissioner Fernandez? 25 COMMISSIONER FERNANDEZ: Yes.  9 1 ACTING CITY CLERK: Commissioner Rivas? 2 COMMISSIONER RIVAS: Yes. 3 ACTING CITY CLERK: Commissioner Valdivia? 4 COMMISSIONER VALDIVIA: Yes. 5 ACTING CITY CLERK: Commissioner 6 Martinetti? 7 COMMISSIONER MARTINETTI: Yes. 8 ACTING CITY CLERK: Mayor Stack? 9 MAYOR STACK: Yes. 10 And just -- just to add one thing. 11 What spurred this is Ordinance is when you 12 see senior citizens getting an increase of only 13 $7.00 in their check over a month period, I think 14 we have be -- recognize and be cognizant of the 15 struggle that many people have in our community. 16 And just once again I thank the 17 Commissioners for recognizing this. 18 Thank you, Mr. Clerk. 19 20 (Whereupon, the Board discussed and took 21 action on the following items in total: 22 CONSENT AGENDA: 23 ( 1) Resolution Approving the Payment of Claims 24 ( 2) Resolution Approving the Payment of 25 Concurring Claims  10 1 ( 3) Resolution Approving the City Payroll for 2 the Period of October 14, 2016 through October 3 28, 2016 4 ( 4) Resolution Approving the Library Payroll 5 for the Period of October 1, 2016 through October 6 28, 2016 7 ( 5) Resolution Approving the Cash Management 8 Plan 9 ( 6) Resolution Designating Official 10 Depositories 11 ( 7) Resolution Authorizing the Refund of 12 Duplicate Tax Payments 13 ( 8) Resolution Authorizing the Refund of 14 Redemption Monies to Outside Lienholders 15 ( 9) Resolution Authorizing the Refund of 16 Premium Monies Collected at Tax Sale 17 (10) Resolution Cancelling Certain Tax Sale 18 Certificate Sold in Error and Refund of Premium 19 Monies for 1208 Summit Avenue (Block 58, Lot 24) 20 (11) Resolution for the Emergency Replacement of 21 the Union City Library Boiler 22 (12) Resolution Establishing a Public Officer 23 Pursuant to the Multifamily Housing Preservation 24 and Receivership Act with the Related Appointment 25 of Alejandro Velazquez to Serve as the Public  11 1 Officer on Behalf of the City of Union City 2 (13) Resolution Authorizing the Application for 3 the New Jersey Department of Transportation Grant 4 for Transportation Alternatives 5 (14) Resolution Authorizing the Award of a 6 Contract to Starlite Electric, LLC for Audio 7 Visual and Lighting Upgrades to the William V. 8 Musto Cultural Center 9 (15) Resolution Authorizing Consent to Treatment 10 Works Application for 544 40th Street 11 (16) Resolution Authorizing the Submission of a 12 Strategic Plan for Union City Municipal Alliance 13 Grant Pursuant to the Governor’s Council on 14 Alcoholism and Drug Abuse Fiscal Grant Cycle 15 (17) Resolution Awarding Raffle License to 16 Prodein Non-Profit, Inc. (2315 Bergenline Avenue) 17 (18) Resolution Approving Contracts for Snow 18 Plowing/Snow Removal Services.) 19 20 ACTING CITY CLERK: Next item is Consent 21 Agenda. 22 First item is Resolution Approving Payments 23 of Claims. 24 Item 2 is Resolution Approving the Payment 25 of Concurring Claims.  12 1 Item 3. 2 Resolution Approving the City Payroll for 3 the Period of October 14, 2016 through October 4 28, 2016. 5 Item 4. 6 Resolution Approving the Library Payroll 7 for the Period October 1st, 2016 through October 8 28, 2016. 9 Item 5 is Resolution Approving the Cash 10 Management Plan. 11 Item 6. 12 Resolution Designating -- Designating 13 Official Depositories. 14 Item 7. 15 Resolution Authorizing the Refund of 16 Duplicate Tax Payments. 17 Item 8. 18 Resolution Authorizing the Refund of 19 Redemption Money to Outside Lienholders. 20 Item 9. 21 Resolution Authorizing Refund of Premium 22 Money Collected at Tax Sale. 23 Item 10. 24 Resolution Cancelling Certain Tax Sale 25 Certificate Sold in Error and Refund of Premium  13 1 Monies for 1208 Summit Avenue, Block 1 -- Block 2 58, Lot 24. 3 Item 11. 4 Resolution for the Emergency Replacement of 5 the Union City Library Boiler. 6 Item 12. 7 Resolution Establish-- Establishing a 8 Public Officer Pursuant to the Multifamily 9 Housing Preservation and Receivership Act with 10 the Related Appointment of Alejandro Velazquez to 11 Serve as -- as the Public Officer on Behalf of 12 the City of Union City. 13 Item 13. 14 Resolution Authorizing Application for the 15 New Jersey Department of Transportation Grant for 16 Transportation Alternatives. 17 Item 14. 18 Resolution Authorizing the Award of 19 Contract to Starlite Electric, LLC for Audio 20 Visual Lighting Upgrades to the William V. Musto 21 Center. 22 Item 15. 23 Resolution Authorizing Consent to Treatment 24 Works Application for 544 40th Street. 25 Item 16.  14 1 Resolution Authorizing Submission of 2 Strategic Plan for Union City Municipal Alliance 3 Grant Pursuant to the Governor’s Council 4 Alcoholism and Drug Abuse for Fiscal Grant Cycle. 5 Item 17. 6 Resolution Awarding Raffle -- Raffle 7 License to Prodein -- Prodein Non-Profit, Inc., 8 2315 Bergenline Avenue. 9 Item -- Item 18. 10 Resolution Approving Contract for Snow 11 Plowing/Snow Removal Services. 12 Mayor, do you -- 13 MAYOR STACK: Sure. Just before we do, 14 just on the -- number 12, the Establishment of 15 Public Officer Pursuant to the Multifamily 16 Housing Preservation and Receivership Act, it’s 17 just another mechanism that the City of Union 18 City has when we have a property that’s a 19 multifamily building occupied by tenants where 20 the landlord is not meeting his responsibility to 21 the tenants and you have Code violations, life 22 and safety violations, that we’re able to appoint 23 a receiver to run the building, pick -- manage 24 the building, collect the rents, abate the 25 violations until the court deems necessary.  15 1 This is just one more mechanism. Not only 2 helping the people who live in the building but 3 obviously helping the residents who live in that 4 area where when you have one bad building in the 5 neighborhood it spreads through the neighborhood. 6 So we not only want to help, most 7 importantly, obviously, the people who live in 8 that building, that pay rent and live in that 9 building, we want to help the entire 10 neighborhood. And that’s why we’re -- we’re 11 adopting that. 12 We’ve used this tool very -- very well in 13 the City of Union City in getting buildings 14 cleaned up and putting them into receivership. 15 It gives the landlord of that property -- and 16 99.9 percent of the time they’re absentee 17 landlords, don’t live in the City, obviously 18 don’t live in the property, it gives them a 19 wakeup call that they have to take care of their 20 property or else the City’s going to be coming in 21 and collecting the rents and managing the 22 building until we deem necessary. 23 In addition to that, the -- number 13, the 24 Authorizing Application, the New Jersey DOT. 25 We’re looking obviously for a grant to do  16 1 additional work as we’ve been doing in the 2 community with street paving and sidewalk 3 improvements, traffic safety. 4 The upgrades to the William V. Musto Center 5 for Audio and Visual and Lighting Upgrades is 6 something we’ve been planning for a while. I 7 thank the Commissioners for moving ahead with 8 this. 9 Specifically, Commissioner Fernandez has 10 been outstanding in holding events at the Musto 11 Center and it makes me feel really good when we 12 see the Musto Center constantly used by residents 13 in the City. So many different events being held 14 there. It’s really been a great tool for the 15 City of Union City to include so many people in 16 our public buildings and facilities. 17 You know while you can build parks and 18 build schools and build theaters and -- and build 19 a cultural center, you don’t like to see those 20 facilities close. You like to see them open 21 where people can enjoy them. And the 22 Commissioner has done a great job in doing that, 23 along with the entire Board of Commissioners. So 24 I thank you for that, Commissioner. 25 COMMISSIONER FERNANDEZ: Thank you, Mayor.  17 1 Thank you. 2 MAYOR STACK: In addition, the Approving 3 Contracts for Snow Plowing and Snow Removal, 4 that’s incase of an emergency. Should we have 5 any major snowstorm where the City can’t handle 6 it, it’s always good to have private vendors on 7 -- on -- on retainer as you should say or on -- 8 where we can constantly call them if we need 9 them. 10 It’s not a tool we’ve used a lot in the 11 last ten years in Union City but we’ve had 12 occasions where you have a blizzard, we’ve 13 obviously gone out and used their services, 14 especially during the big ones. 15 Just to go back to the Ordinance that we’re 16 doing on the rent increases; the three percent or 17 lower for all tenants or two percent or lower for 18 senior citizens. This only applies to 19 multifamily buildings that are in the City right 20 now that are under rent control. 21 I don’t want anybody thinking it applies to 22 their one or two-family house that they owner 23 occupy. That’s not our intention. 24 Having said that, does anyone have any 25 questions on the Consent Agenda, please step  18 1 forward, state your name and address for the 2 record. 3 Seeing none. 4 ACTING CITY CLERK: None. 5 Is there a motion to approval all items on 6 -- on the Consent Agenda? 7 COMMISSIONER VALDIVIA: Motion. 8 ACTING CITY CLERK: Motion by Commissioner 9 Valdivia. 10 COMMISSIONER RIVAS: Second. 11 MS. NOVA: Second by Commissioner Rivas. 12 ACTING CITY CLERK: Second by Commissioner 13 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: I’m recusing from 24 number -- items number 1, any payments to the law 25 office of Adolfo Lopez and Luis Diaz; and  19 1 recusing on number 12. 2 ACTING CITY CLERK: Okay. 3 COMMISSIONER MARTINETTI: Aye on the rest. 4 ACTING CITY CLERK: Aye on the rest. 5 Mayor Stack? 6 MAYOR STACK: Yes. 7 ACTING CITY CLERK: Yes. 8 9 (Whereupon, the Board discussed and took 10 action on the following item: 11 REGULAR AGENDA: 12 1. Resolution Approving Payment to the Union 13 City Board of Education.) 14 15 ACTING CITY CLERK: Next -- the next item 16 on the agenda is the Regular Agenda. 17 We have one item, which is Resolution 18 Approving Payment to the Union City Board of 19 Education. 20 MAYOR STACK: I’ll move it. 21 COMMISSIONER RIVAS: I’ll second it. 22 ACTING CITY CLERK: Motion by Mayor Stack. 23 Second by Commissioner Rivas. 24 MS. NOVA: Before we take the vote, 25 Commissioner Valdivia would normally recuse on  20 1 this but based on the doctrine of necessity he 2 will be voting on this item. 3 ACTING CITY CLERK: Commissioner Fernandez? 4 Recusing. 5 Commissioner Rivas? 6 COMMISSIONER RIVAS: Yes. 7 ACTING CITY CLERK: Commissioner Valdivia? 8 COMMISSIONER VALDIVIA: Yes. 9 ACTING CITY CLERK: Commissioner 10 Martinetti? 11 Recusing. 12 Mayor Stack? 13 MAYOR STACK: Yes. 14 15 (Whereupon, the Board discussed and took 16 action on the following item: 17 REGULAR AGENDA: 18 2. Resolution Approving Shared Service 19 Agreement with the Union City Board of Education 20 for School Resource Officers for 2016-2017.) 21 22 ACTING CITY CLERK: Next item is Resolution 23 Approving Shared Service Agreement, Union City 24 Board of Education, for School Resource Officers 25 for 2016-2017.  21 1 MAYOR STACK: I’ll move it. 2 COMMISSIONER RIVAS: I’ll second it. 3 ACTING CITY CLERK: Motion by Mayor Stack. 4 Second by Commissioner Rivas. 5 Roll call. 6 Commissioner Fernandez? 7 COMMISSIONER RIVAS: Recusing. 8 ACTING CITY CLERK: Recusing. 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 Recusing. 16 Mayor Stack? 17 MAYOR STACK: Yes. 18 MS. NOVA: Again, that item, Commissioner 19 Valdivia voted on it based on the doctrine of 20 necessity. 21 22 (Whereupon, the Board discussed and took 23 action on the following item: 24 REGULAR AGENDA: 25 3. Resolution Authorizing the Retirement of El  22 1 Miguelino Liquor License (t/a El Miguelino Bar - 2 2013 Summit Avenue), License No. 3 0910-33-100-109.) 4 5 ACTING CITY CLERK: Next item is the 6 Resolution Authorizing the Retirement of El 7 Munequito Corporation. 8 MAYOR STACK: Is anybody here from -- 9 MR. PENA: Yes. 10 MAYOR STACK: -- El Miguelino. 11 Okay. 12 (Whereupon, there was a pause in the 13 proceedings.) 14 MR. FARMER: Good evening, members of the 15 Board. 16 With respect to the Resolution concerning 17 El Miguelino, their -- their attorney Mr. Pena is 18 here today and he can put his appearance before 19 the Board. 20 MR. PENA: Yes. Good evening, Mr. Mayor, 21 Commissioners. 22 Peter Pena, One Lee Place, Paterson, on 23 behalf of the applicant seeking the retirement of 24 the license in question. 25 MR. FARMER: If it please the -- the Board,  23 1 previously on October 30th, the licensee, Miss 2 Merlos, who is the sole stockholder of El 3 Miguelino, submitted to the Board an application 4 to retire the license in consideration of 5 $27,000.00. 6 This -- this evening Mr. Pena has given me 7 a corporate resolution by Miss Merlos with 8 respect to the corporation permanently retiring 9 the retail alcohol beverage consumption liquor 10 license to the City of Union City in exchange for 11 the sum of $27,000.00. 12 So the paperwork is completed. They’re 13 retiring the license. 14 And I would ask that you pass a resolution 15 approving that. 16 MAYOR STACK: Absolutely. 17 Is there anything further, sir, that you 18 have? 19 MR. PENA: Nothing further. 20 MAYOR STACK: Okay. 21 I’ll make a motion to approve the 22 retirement of the license located at 2103 Summit 23 Avenue. 24 COMMISSIONER FERNANDEZ: Second. 25 ACTING CITY CLERK: Motion by Mayor Stack.  24 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 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 MR. FARMER: Peter, thank you. 17 MAYOR STACK: Thank you very much. 18 MR. PENA: Thank you. 19 Thank you. 20 ACTING CITY CLERK: Next -- 21 Mr. Farmer, you want to keep going with 22 your -- 23 MAYOR STACK: No, we have to open it up for 24 opportunity for people -- 25 ACTING CITY CLERK: Oh, I’m sorry.  25 1 MAYOR STACK: -- to comment on any 2 matter -- 3 ACTING CITY CLERK: Yes. 4 MAYOR STACK: -- concerning municipal 5 government. 6 I’ll just -- let me just let them get 7 settled. 8 The matter that we just heard was the 9 retirement, obviously, of a license at 2103 10 Summit Avenue; El Miguelino Bar. 11 Mr. Farmer and the Police Department I know 12 had numerous issues with this establishment over 13 the years. 14 So the retirement of the license just adds 15 to the number of licenses that we’ve been able to 16 get retired in the City of Union City. And just 17 some of these locations that have been 18 problematic to the community, this is definitely 19 a win/win for the neighborhood. 20 I would just like to thank at this time 21 under the leadership of Chief Molinari, 22 Lieutenant Loaces and the entire Police 23 Department for the work that they’ve done on 24 bringing it to this point. This is definitely a 25 victory for that neighborhood and a victory for  26 1 the residents of Union City. 2 3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 4 5 MAYOR STACK: Any -- at this time this is 6 an opportunity for residents to comment on any 7 matter concerning municipal government in the 8 City of Union City. 9 Please step forward, state your name and 10 address for the record on any matter concerning 11 municipal government in the City of Union City. 12 Anyone wishing to comment at this time? 13 None. 14 I would just like thank, before we close 15 that portion of the meeting, just thank the 16 Commissioners for moving a hundred percent of our 17 meetings around the community in the evening 18 hours. We try to hold them in a different 19 location every two weeks in addition to the other 20 outreach that we do in the community. I feel 21 it’s important that the residents know in every 22 neighborhood where the meetings are being held 23 and that they can come out and comment. 24 Hopefully a resident wouldn’t have to wait to 25 comment at a Commission meeting; they could call  27 1 myself or the Commissioners at our office or cell 2 phone at any time and within that day or the next 3 day we’ll always get back to them. 4 But I would like to thank the Commissioners 5 for -- for moving these meetings around the City 6 throughout the entire year. 7 We haven’t been in City Hall in the 8 courtroom probably in 13, 14 years. It feels 9 good though to be out in the neighborhoods. 10 So, anyone wishing to comment at this time? 11 Okay, thank you very much. 12 I’ll make a motion to close that portion of 13 the meeting. 14 COMMISSIONER FERNANDEZ: Second. 15 COMMISSIONER MARTINETTI: Second. 16 ACTING CITY CLERK: Motion by Mayor Stack. 17 Second by Commissioner Martinetti. 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  28 1 Martinetti? 2 COMMISSIONER MARTINETTI: Yes. 3 ACTING CITY CLERK: Mayor Stack? 4 MAYOR STACK: Yes. 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  29 1 LIQUOR LICENSE TRANSFER HEARING: 2 PERSON TO PERSON TRANSFER APPLICATION FOR LIQUOR 3 LICENSE #0910-33-068-004 FROM LE VIA, INC. TO THE 4 COUSINS RESTAURANT, INC., LOCATED AT 3905 5 BERGENLINE AVENUE, UNION CITY 6 7 ACTING CITY CLERK: We also have a -- next 8 item we have a Liquor License Transfer Hearing. 9 This is a Person to Person Transfer 10 Application for the Liquor License Number 11 0910-33-068-004 from Le Via, Inc. to the -- to 12 the Cousins Restaurants, Inc., Located at 3905 13 Bergenline Avenue, Union City, New Jersey. 14 MS. NOVA: Mayor and Commissioners, for the 15 record, the application has been completed 16 satisfactorily and the investigation was also 17 completed satisfactorily. 18 Sergeant Dunlay can speak to that if you’d 19 like. 20 MAYOR STACK: Great. Sure. 21 Mr. Marotta, -- 22 MR. MAROTTA: Yeah, Mr. -- 23 MAYOR STACK: -- if you could enter your 24 appearance for the record. 25 MR. MAROTTA: Right.  30 1 Mr. Mayor and Commissioners, this is not a 2 bar, this is not a tavern, this is not a 3 nightclub; it’s a restaurant. 4 It’s at 3905, as stated, Bergenline Avenue. 5 I believe this restaurant’s been there for maybe 6 25 years. 7 MAYOR STACK: Longer. 8 MR. MAROTTA: Maybe longer than that. 9 Okay? 10 And the -- the two gentlemen here with me 11 are the principals and as you could see by the 12 name of the restaurant, to the Cousins 13 Restaurant, los primos, the two of them. 14 One has been working there for 15 years and 15 the other’s been working there for ten years. 16 Actually these two gentlemen operate this 17 restaurant; they’re very familiar with the 18 business. They open at eight a.m. and they close 19 at midnight. 20 And I remember, because my office was 21 across the street from this restaurant, I’d gone 22 there for many -- many years -- many times. To 23 my knowledge there’s never been a problem but 24 like I say it’s not a bar, it’s not a tavern. 25 People go in to eat. If they want some liquor to  31 1 drink or a beer, that’s what the license is for. 2 MAYOR STACK: Absolutely. Absolutely. 3 Sergeant, do you have anything further? 4 MR. MAROTTA: So if there’s any 5 questions, -- 6 MAYOR STACK: Sure. 7 SERGEANT DUNLAY: Sorry. 8 Sergeant Dunlay, Union City Police, 383. 9 I just want to let -- let everybody on the 10 Board know I completed a financial investigation 11 on Mr. Guardado -- Jesus and Juan and they seem 12 to perfectly in order. Their application seemed 13 perfectly in order. 14 I really have no objection -- I don’t 15 believe the Police Department has any objection 16 to this transfer. 17 MAYOR STACK: I’ve always known the current 18 establishment to be a very well-run establishment 19 and never any issues there whatsoever. I would 20 just ask that we continue to keep it the same 21 way. 22 And I’ll make a motion to approve. 23 MR. MAROTTA: Thank you very much. 24 MAYOR STACK: Thank you. 25 COMMISSIONER VALDIVIA: Second.  32 1 A VOICE: Thank you. 2 ACTING CITY CLERK: Motion by Mayor Stack. 3 Second by Commissioner 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: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 ACTING CITY CLERK: Very good. 17 18 * * * 19 20 21 22 23 24 25  33 1 LIQUOR LICENSE DISCIPLINARY PROCEEDINGS: 2 3 1. El Munequito Corp. 4 T/A El Miguelino 5 2103 Summit Avenue 6 License No. 0910-33-100-009 7 2. Mayen Corp. 8 T/A El Trebol 9 3204 Bergenline Avenue 10 License No. 0910-33-190-008 11 3. Partners Associates, LLC 12 T/A Los Reyes 13 3329 Hudson Avenue 14 License No. 0910-33-011-008 15 4. Variedad Latina 16 T/A Varidad Latina Restaurant 17 4417 Bergenline Avenue 18 License No. 0910-33-031-012 19 5. Hare Om, Inc. 20 T/A Yunaris Liquors 21 3196 Kennedy Boulevard 22 License No. 0910-32-171-008 23 6. Los Laureles Liquors 24 T/A Los Lauareles Liquors 25 4625 Broadway  34 1 License No. 0910-44-026-012 2 7. Sai Prasad Inc. 3 T/A Bergenline Liquors 4 3819 Bergenline Avenue 5 License No. 0910-32-066-004 6 7 ACTING CITY CLERK: The next portion, -- 8 MAYOR STACK: Mr. Farmer? 9 ACTING CITY CLERK: -- Mr. Farmer, 10 Disciplinary Proceedings. 11 (Whereupon, there was a pause in the 12 proceedings.) 13 MR. FARMER: Okay. 14 MAYOR STACK: Okay, Mr. Farmer. 15 MR. FARMER: Good evening. 16 * * * 17 18 EL MUNEQUITO CORP. 19 T/A EL MIGUELINO 20 2103 Summit Avenue 21 License No. 0910-33-100-009 22 23 MR. FARMER: If you look at the agenda, the 24 first one can come off because we’ve just handled 25 El Miguelino.  35 1 MAYEN CORP. 2 T/A EL TREBOL 3 3204 Bergenline Avenue 4 License No. 0910-33-190-008 5 6 MR. FARMER: The second one is -- I’ve just 7 received the videos of the incident and Detective 8 Dunlay and I just have to look at it. So we’ll 9 put that on for the next meeting. 10 11 * * * 12 13 PARTNERS ASSOCIATES, LLC 14 T/A LOS REYES 15 3329 Hudson Avenue 16 License No. 0910-33-011-008 17 18 MR. FARMER: The next one, Detective Dunlay 19 -- Partners, Los Reyes -- he’s still 20 investigating another aspect of this case. So he 21 needs some time to do that. 22 23 * * * 24 25  36 1 VARIEDAD LATINA 2 T/A VARIEDAD LATINA RESTAURANT 3 4417 Bergenline Avenue 4 License No. 0910-33-031-012 5 6 MR. FARMER: Variedad Latina, which is 7 number 4, hasn’t showed up. And indeed when we 8 had our plea meeting last week, he didn’t show up 9 at that either. 10 I would ask that it be carried and 11 Detective Dunlay -- 12 MAYOR STACK: Let -- let’s carry them -- 13 let’s carry them to the next one. But if he 14 doesn’t show up at the next one let’s have the 15 hearing. 16 MR. FARMER: Okay. 17 MAYOR STACK: Let’s make it very clear. 18 Maybe the Police Department can serve them -- 19 SERGEANT DUNLAY: Yes, I could serve them 20 personally. 21 MAYOR STACK: -- by certified mail. 22 If they don’t show up we’ll have the 23 hearing without them. 24 MR. FARMER: Okay. 25 MAYOR STACK: But they have to show up.  37 1 HARE OM, INC. 2 T/A YUNARIS LIQUORS 3 3196 Kennedy Boulevard 4 License No. 0910-32-171-008 5 6 MR. FARMER: The next one is Yunaris Liquor 7 and the licensee is here. 8 Come on over here. And would you just 9 state your name? 10 MR. PATEL: My name is Samir Patel. 11 MS. DILLON: I’m sorry; could you spell 12 your name for me? 13 MR. PATEL: S-A-M-I-R. Patel, P-A-T-E-L. 14 MS. DILLON: Thank you. 15 MR. FARMER: And you’re the licensee of 16 Yunaris Liquor at 3196 Kennedy Boulevard? 17 MR. PATEL: Yes. 18 MR. FARMER: Okay. 19 Now, you’ve been charged with basically 20 selling liquor -- hard liquor after ten o’clock. 21 Liquor stores can sell beer and wine up till two 22 but after ten o’clock they have to cease sales of 23 hard liquor. 24 Correct? 25 You’re aware of that?  38 1 MR. PATEL: Yes. 2 MR. FARMER: And on the night in question 3 you sold to a police officer here a bottle of 4 hard liquor? 5 MR. PATEL: Yes. 6 MR. FARMER: What was it by the way? 7 MR. PATEL: I believe it was Palo -- Palo 8 Viejo. 9 MR. FARMER: And what is it? 10 SERGEANT DUNLAY: It’s a fifth of Palo 11 Viejo rum. 12 I don’t believe he was the gentleman who 13 was actually sell-- it was one of his employees. 14 MR. FARMER: Yeah. It was one of your 15 employees? 16 MR. PATEL: Yeah. 17 MR. FARMER: You didn’t do it personally? 18 MR. PATEL: No. 19 MR. FARMER: Okay. 20 But, nevertheless, Detective Dunlay, 21 myself, and you talked about this at the plea 22 meeting that we had last week and we agreed to a 23 seven day suspension, from November 28 th to 24 December 5th? 25 MR. PATEL: Yes.  39 1 Just a request to see if the date can be 2 adjusted to January, if possible. 3 MR. FARMER: Oh -- I -- at that time I had 4 indicated to you that we had a number of these 5 cases in the pipeline so-to-speak and that there 6 had been universal decisions being made, number 7 one with respect to the time, so everybody gets 8 the same amount of time for this kind offense. 9 And also that it be done before the end of the 10 year and I think we agreed to November 28th to 11 December 5th. 12 MR. PATEL: Yes. 13 MAYOR STACK: What is it? November 14 twenty-- 15 MR. FARMER: Eighth. 16 COMMISSIONER MARTINETTI: Twenty-eighth to 17 December 5th. 18 MR. FARMER: To -- 19 MAYOR STACK: Okay. 20 MR. FARMER: -- December 5th. 21 MAYOR STACK: Okay. 22 Okay, I’ll make a -- okay. 23 ACTING CITY CLERK: Motion by Mayor Stack. 24 COMMISSIONER FERNANDEZ: Second. 25 ACTING CITY CLERK: Second by --  40 1 MAYOR STACK: I’ll make a motion. 2 ACTING CITY CLERK: -- 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 COMMISSIONER VALDIVIA: Yes. 11 ACTING CITY CLERK: Commissioner 12 Martinetti? 13 COMMISSIONER MARTINETTI: Yes. 14 ACTING CITY CLERK: Mayor Stack? 15 MAYOR STACK: Yes. 16 MR. FARMER: Okay. 17 Take care. Good luck to you. 18 19 * * * 20 21 22 23 24 25  41 1 LOS LAURELES LIQUORS 2 T/A LOS LAURELES LIQUORS 3 4625 Broadway 4 License No. 0910-44-026-012 5 6 MR. FARMER: The next one, Los Laureles 7 Liquor. 8 I got a call today from Mr. Espinosa 9 indicating that he was representing them and 10 wanted an adjournment so he could prepare the 11 case and put forth a defense to the Board. 12 MAYOR STACK: Mr. Farmer, though, this one 13 has to get heard at the next one because this 14 establishment is a problem. There’s constant 15 complaints up here. You know by the history on 16 the record on this one it’s been a constant 17 problem. 18 I get complaints from the residents in the 19 area on a constant basis of cars being double- 20 parked outside, sales, people hanging out in 21 front -- even on the cooler nights people are 22 outside sitting on the front steps. It’s been a 23 constant problem this place. 24 SERGEANT DUNLAY: Mayor, just on that note, 25 there’s also been an application for a -- the  42 1 sale of the license, which we’re in the process 2 of reviewing now, their financials. 3 MAYOR STACK: Okay. 4 SERGEANT DUNLAY: So, it may -- it may look 5 that, you know, they may be changing ownership in 6 the near future. 7 MAYOR STACK: Absolutely. 8 MR. FARMER: But we’ll put it on for next 9 time anyway. 10 MAYOR STACK: Yes. Absolutely. 11 November 22nd, right? 12 ACTING CITY CLERK: Yes. 13 MR. FARMER: Yes. 14 MAYOR STACK: And who -- who’s -- 15 ACTING CITY CLERK: November 22nd. 16 MAYOR STACK: -- the attorney? 17 Who’s the attorney? 18 COMMISSIONER MARTINETTI: Espinosa. 19 ACTING CITY CLERK: Espinosa. 20 No. Oh, no. 21 MR. FARMER: Okay. 22 23 * * * 24 25  43 1 SAI PRASAD INC. 2 T/A BERGENLINE LIQUORS 3 3819 Bergenline Avenue 4 License No. 0910-32-066-004 5 6 MR. FARMER: Finally, the -- the last one, 7 this is somewhat strange. 8 They’re not here today but at the plea 9 meeting with myself and Detective Dunlay we had 10 negotiated a nine day suspension and this again 11 was -- what this one was was again a liquor store 12 selling hard liquor after ten o’clock, as well as 13 having some inadequacies on the E-141. 14 So we gave them -- we normally give three 15 days; we gave them two days on the E-141 and the 16 regular seven for selling the hard liquor after 17 ten o’clock. 18 COMMISSIONER MARTINETTI: Nine days. 19 MAYOR STACK: And you had a -- you had an 20 agreement with them? 21 MR. FARMER: Yeah. Yeah. 22 SERGEANT DUNLAY: They said -- 23 MAYOR STACK: And? 24 MR. FARMER: We had the days; December 4 th 25 to December 12th.  44 1 SERGEANT DUNLAY: We agreed. They said 2 they were going to come and -- on this day and 3 finalize it. They -- they were actually going to 4 make a plea to the Board if they wanted to see if 5 they could extend the days to carry it over till 6 January or February. 7 MR. FARMER: Well everybody’s going to say 8 that. 9 MAYOR STACK: Yeah. 10 MR. FARMER: So, we’ll do the same thing we 11 did last time, -- 12 MAYOR STACK: Let’s put them on for the 13 22nd. 14 MR. FARMER: Yeah. 15 MAYOR STACK: If they -- you know, let’s 16 have a hearing -- 17 MR. FARMER: Same thing. 18 MAYOR STACK: -- then if that’s the case. 19 Just let them know we’re preparing to have a 20 hearing. 21 MR. FARMER: Understand. 22 MAYOR STACK: Also, this -- this 23 establishment here is one of the few, right, in 24 the City where they can serve liquor in the 25 liquor store?  45 1 SERGEANT DUNLAY: No, sir, they -- 2 MAYOR STACK: Is this one? 3 SERGEANT DUNLAY: No this is -- 4 MAYOR STACK: No. 5 SERGEANT DUNLAY: That’s not it. 6 MAYOR STACK: That’s not it. 7 SERGEANT DUNLAY: It’s the -- 8 Mike, what is the name of the -- on 39th 9 Street? 10 MAYOR STACK: I thought that this was the 11 liquor store that they -- 12 SERGEANT DUNLAY: The one next to -- 13 MAYOR STACK: -- can actually serve. 14 SERGEANT DUNLAY: -- next to the -- 15 COMMISSIONER VALDIVIA: I think -- I think 16 it’s the one that can serve. In front of the 17 bank? Yeah. 18 MAYOR STACK: Yeah. 19 This is the one, in front of the bank. 20 This is right next to Terry’s. 21 Right? 22 COMMISSIONER FERNANDEZ: Yeah. 23 SERGEANT DUNLAY: Thirty-eight -- 24 MAYOR STACK: Terry’s Coffee Shop? 25 SERGEANT DUNLAY: Yes, you’re right.  46 1 A VOICE: Yes. 2 MAYOR STACK: Yeah. 3 SERGEANT DUNLAY: Yeah. 4 COMMISSIONER VALDIVIA: Yeah, they could 5 serve liquor. 6 MAYOR STACK: But he can’t serve -- can he 7 serve hard liquor inside the establishment after 8 ten o’clock at night? 9 MR. FARMER: I will -- I’ll check on what 10 this license -- 11 MAYOR STACK: No. Nothing. 12 SERGEANT DUNLAY: No, no hard liquor period 13 after ten. 14 MAYOR STACK: Okay. 15 SERGEANT DUNLAY: He still -- 16 MAYOR STACK: This is -- this is the only 17 license like that in the City? 18 SERGEANT DUNLAY: Yes, where they can serve 19 -- if they sell a beer they could drink it inside 20 the establishment. 21 COMMISSIONER VALDIVIA: No, Reuben’s too 22 they have it. Reuben’s. 23 SERGEANT DUNLAY: Doesn’t exist. 24 MAYOR STACK: That so? 25 COMMISSIONER VALDIVIA: I think they  47 1 have -- 2 SERGEANT DUNLAY: Yeah, they’re the only 3 ones. 4 MAYOR STACK: That must be an old license, 5 huh? 6 SERGEANT DUNLAY: Correct. 7 MAYOR STACK: Yeah. Okay. 8 All right, so let’s make sure that they’re 9 on for the 22nd. 10 MR. FARMER: Right. Okay. 11 That’s it. 12 MAYOR STACK: Mr. Farmer, good job -- 13 MR. FARMER: Thanks. 14 MAYOR STACK: -- on El Miguelino. 15 MR. FARMER: Thanks. 16 MAYOR STACK: Good job again to the Police 17 Department. 18 MR. FARMER: It only took three years. 19 MAYOR STACK: Thank you very much. Thank 20 you. 21 22 ADJOURNMENT: 23 24 COMMISSIONER RIVAS: Motion to adjourn. 25 ACTING CITY CLERK: Okay.  48 1 Mayor, we have -- there are no other items 2 on the agenda for tonight. 3 COMMISSIONER FERNANDEZ: Second. 4 ACTING CITY CLERK: Is there a motion to -- 5 to adjourn? 6 COMMISSIONER MARTINETTI: Motion to 7 adjourn. 8 Motion. 9 ACTING CITY CLERK: Motion by Commissioner 10 Martinetti. 11 Second by Commissioner Fernandez. 12 All in favor? 13 14 (Whereupon, there was a chorus of ayes.) 15 16 ACTING CITY CLERK: Thank you. 17 18 (Whereupon, the proceedings were concluded 19 at 7:28 p.m.) 20 21 22 23 24 25  49 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 9 Attest: 10 Dominick Cantatore, 11 Acting City Clerk 12 13 14 Attest: 15 Erin Knoedler, 16 Deputy City Clerk 17 18 19 20 21 22 23 24 25  50 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 9, 2016 and 10 digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon