The Piermont Mayor Bruce Tucker Raw Transcript: Elizabeth, New Jersey (2010).

MINUTES OF REGULAR MEETING, MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL, MEMBERS OF CITY COUNCIL, ELIZABETH, NEW JERSEY, HELD JANUARY 25, 2010.

The presiding officer, President of the Council Frank Cuesta, taking the chair, called the meeting to order and directed the Secretary to call the Roll:
 
Council Member-at-Large Edward Jackus, present.
*Council Member-at-Large, Patricia Perkins-Auguste, absent.
Council Member First Ward, Manny Grova, Jr., present.
Council Member Second Ward, Nelson Gonzalez, absent.
Council Member Third Ward, Joseph Keenan, present.
Council Member Fourth Ward, Carlos Cedeno, present.
Council Member Fifth Ward, William Gallman, Jr., absent.
Council Member Sixth Ward, Frank O. Mazza, present.
President and Council Member-at-Large Frank Cuesta, present.
* Council Member-at-Large Perkins-Auguste arrived soon after the roll call.
 
Also present:
 
Rocco DiPaola,[Esq.,] Second Assistant City Attorney; Ezzio A. Bustamante, Board Secretary; Giovanna Rua, Assistant Board Secretary; and George D. Vaccaro, C.C.R.
 
President Cuesta then invited everybody to stand up[,] and asked Council Member Grova to lead everybody in reciting the Pledge of Allegiance, and then announced the following:
 
“This is a regular meeting of the City Council of the City of Elizabeth convening as the Municipal Board of Alcoholic Beverage Control… Notice of this meeting has been prominently posted on the City Hall bulletin[-]board reserved for such announcements, and is on file with the CITY CLERK and A.B.C. Board Secretary, Room 106, City Hall, Elizabeth, New Jersey, and mailed to any person upon request. A copy of the annual notice was mailed to The Star [L]edger and the Home News Tribune in compliance with the requirements of the New Jersey Open Public Meeting Act”.
 
President Cuesta called for a motion for approval of the minutes of the previous scheduled meeting held December 21, 2009. Council Member-at-Large Jackus made a motion to approve [the] minutes and it was seconded by Council President Cuesta. 

President Cuesta directed the Secretary to call the roll:
 
Council Member-at-Large Edward Jackus, Aye.
Council Member First Ward, Manny Grova, Jr., Abstained.
Council Member Third Ward, Joseph Keenan, Abstained.
Council Member Fourth Ward, Carlos Cedeno, Abstained.
Council Member Sixth Ward, Frank O. Mazza, Aye.
President and Council Member-at-Large Frank Cuesta, Aye.
 
The vote was: 3 Ayes, 3 Abstained.
The President announced the minutes were approved.
 
*President Cuesta directed the Secretary to recognize[] Council Member-at-Large Patricia Perkins-Auguste[,] and announced the first order of business was:
 
1. REQUEST BY ABC BOARD FOR FRONT ST[REET] SMOKEHOUSE & SALOON, INC. – TO ANSWER COMPLAINTS.
 
Municipal ABC Board has requested the Vice-President of Front St[reet] Smokehouse & Saloon, Inc., Mr. Bruce E. Tucker, plenary retail consumption license No. 2004-33-227-002, City License No. C-158, with premises located at 1 South Front St[reet], Elizabeth, New Jersey, to come before the Board to answer some complaints received from neighbors around this place of business.
 
- - -

Corporate Structure:
Philip Costanza, 523 3rd Avenue, Elizabeth, NJ 07202.
President & Stockholder with 33.33% business owned and 100 shares.
 
Bruce E. Tucker, ___ Piermont Place, Piermont, NY 10968.
Vice-President & Stockholder with 33.33% business owned and 100 shares.

Bruce L. Kain, 1147 Debra Drive, Linden, NJ 07036.
Vice-President, Secretary & Stockholder with 33.33% business owned and 100 shares.
 
William Kugelman, Attorney for Front St[reet] Smokehouse & Saloon, Inc., introduced himself and his client Mr. Bruce E. Tucker, Vice-President & Stockholder of the corporation.

- - -
 
President Cuesta asked if anybody from the audience would like to say a few words about this establishment.
 
Mrs. Ferrera, one of the neighbors[,] approached the stand and introduced herself. She mentioned that she has called the police several times for the noise. She said that from May 2009 until now she’s been hearing noise coming from this place of business on a weekly basis, usually every Tuesday, Thursday[,] and on weekends, from 10:30 [PM] until 2:30 [AM].
 
[T]hen Mr. Ferrera spoke in front of the Board and said [that] this is a quality of life issue[,] and that he has small children[,] and he feels frustrated because nothing is being done.
 
He said [the] noise is so loud that he feels the vibration from the bass on his walls all the time.
 
Another neighbor, Mr. Arriola[,] said that just about every Friday night he sees people coming out of the bar and urinating outside.
 
Council Member Grava mentioned he received several complaints from neighbors concerning the noise level at this location[,] and he spoke to Mr. Tucker and [Tucker] said he would take care of this issue, and even after that meeting there was another noise complaint.
 
Council Member Grava mentioned also that Mr. Tucker has never gone to the ABC office to correct the trade name[,] and he told Mr. Tucker the purpose of this meeting was to give him a warning.
 
Council Member-at-Large Jackus asked if a change of corporate structure ever took place. Mr. Kugelman, Esq., said “[N]o, never”[,] and explained that Mr. Tucker has taken every effort to lessen volume of music.
 
Mr. Tucker explained the reason they changed the way they do business was because BBQ business was failing for the past 4 ½ years.
 
Mr. Tucker went on to tell the Board that noise levels are not as high as people try to make them believe.
 
Rocco Di Paola, Second Assistant City Attorney[,] asked Mr. Tucker if he was there (at the business) late at night.
 
[Tucker] replied: “No.”
 
Council Member-at-Large Jackus mentioned [that] neighbors usually don’t come before the Board to complain[] about a business.
 
Mr. Tucker said [that] they changed [the] menu instead of closing the business[.] [P]eople come thru [the] patio door to avoid opening [the] main door therefore avoiding the noise[.] [Tucker] said they are working to comply with city regulations.
 
Council Member Mazza said he went to see [the] premises[,] and said he has a lot of respect for Mr. and Mrs. Ferrera to voice their concerns[.] 

[Council Member Mazza] said he’s bother[ed] by the urination that probably took place outside this establishment.

 
Council Member Keenan expressed that for a resident to come [b]efore the Board[,] that means a lot[,] and that means there is a problem.
 
Council Cedeno said it was disturbing to hear somebody compare noise levels to other noises (referring to a comment made by Mr. Tucker).
 
Council Member-at-Large Jackus said he had no problems in placing restrictions to [the] license if it was legal[,] and asked Mr. Tucker if he hears the noise from where he lives[.]
 
Mr. Tucker said [“N]o[”].
 
Mr. Kugelman, Esq., said he could assure the Board [that] Mr. Tucker heard the complaints[,] and if further efforts are necessary they’ll take it.
 
Rocco Di Paola, Esq., said we can change conditions upon renewal.
 
Council Member-at-Large Perkins-Auguste said there is a concern when business owners don’t take responsibility[. T]hey think [it] is ok for patrons to urinate and throw bottles all over the place[. “T]hey still have to abide by the law and have to set a different tone”[. S]he also said: “business owners don’t have authority to do whatever they want in our city...
 
That’s a Disgrace!”[, s]he said.
 
Council Member-at-Large Jackus asked Mr. Tucker if he was certified in the State of N[ew Jersey] to read noise levels. 

[Tucker] said [“N]o[”].
 
President Cuesta explained why [the] licensee was in front of the Board[,] and told Mr. Tucker not to come before the Board on another complaint.
 
. . .
 
NEXT MEETING
The next regular scheduled meeting of Alcoholic Beverage Control is Monday, February 22, 2010 at 7:30 [PM] in City Council Chambers, City Hall.
 
ADJOURNMENT
 
Motion to adjourn by Council Member Mazza.
Seconded by Council Member-at-Large Perkins-Auguste.
 
I, Ezzio A. Bustamante, Secretary of Alcoholic Beverage Control, hereby certify that the foregoing is a full, true and correct copy of a meeting held January 25th, 2010.
                       
In witness whereof, given under my hand and seal of the Alcoholic Beverage Control Board, Elizabeth, New Jersey this 3nd day of February, 2010.
 
Ezzio A. Bustamante

Board Secretary.