The weekly meeting of the Board of Selectmen was held on Tuesday evening, August 7, 2007 at 7:35 p.m.
Present: Theresa McNulty, Chairman; Peter A. Hamilton
George Samia, Town Administrator
Karen Grabau, Adm. Assistant
Not Present: David L. Walsh, Clerk
Mrs. McNulty noted that per prior vote, Mr. Hamilton would serve as Clerk pro-tem for the evening.
M/Hamilton, s/McNulty, a unanimous vote, move to approve the minutes of the July 24, 2007 meeting.
M/Hamilton, s/McNulty, a unanimous vote, move to approve the reappointment of Maryann Roan to the Historical Commission for the period of July 1, 2007 to June 30, 2010.
M/Hamilton, s/McNulty, a unanimous vote, move to approve the appointment of Eric Norment to the Recreation Commission effective immediately through June 30, 2010.
M/Hamilton, s/McNulty, move to approve the request of Maureen Vardaro of Boy Scout Troop 29 for use of the Town Hall parking lot on Saturday, September 8, 2007 from 9:00 a.m. to 1:00 p.m. for a Bottle and Can Drive.
Mr. Hamilton questioned whether the drive should be moved to a different weekend as this is the Business Expo day and also will be the Soccer Parade. Asked that the office contact Mrs. Vardaro and request a change of date.
Motion was withdrawn.
M/Hamilton, s/McNulty, a unanimous vote, move to ratify the approval of the One-Day Liquor License for Ridder Country Club for August 6, 2007.
Eagle Scout Ceremony invitation for Samuel Young. Citation has been prepared.
TOWN ADMINISTRATOR REPORT
Tax Title List prepared by Treasurer/Collector Office. Copies given to Board members.
Working on forms for sign off by various departments regarding properties.
Dog Licenses due by August 31. After Sept. 1 $25.00 fine will be applied to all licenses.
Bridge Street Recycling Center – hours of operation 9 a.m. – 12:45 p.m.
Mr. Hamilton reported that the Fire Chief and DPW Director have inspected the Town bridges; all have fair to good ratings; areas with repair needs are culverts, etc.; need to place work on Capital Needs Plan.
Mrs. McNulty and Mr. Hamilton noted that repairs and work like this would have fallen under the Capital Improvement Fund. Noted that this is another reason for needing the Capital Improvement Stabilization Fund and need for funding.
Board of Selectmen -2- August 7, 2007
Mr. Hamilton read the Hearing notice:
The Board of Selectmen will hold a Public Hearing relative to alleged violations, which
occurred on your premises on March 31, 2007 and May 5, 2007. The Hearing will be held Tuesday evening, August 7, 2007 at 7:45 pm in the Main Conference Room, Town Hall, 175 Central Street, East Bridgewater, MA.
The Board of Selectmen will hear reports and testimony on the following violation:
Mass. Gen. Laws Ch. 138, S63A – Hindering or delaying investigator, inspector or
agent of commission.
204 CMR 2.05, Section 2: permitting an illegality on the licensed premises, to wit Assault and Battery in police presence MGL Ch. 265, section 13A.
204 CMR 2.05, Section 2: permitting an illegality on the licensed premises, to permit disorderly conduct MGL Ch. 272 Section 53.
The Board of Selectman is acting upon authority vested in it by Massachusetts General Laws, Chapter 138. The hearing is being held based on the request received by the Board of Selectmen from the Chief of Police for the Town of East Bridgewater in a letter dated July 6, 2007, a copy of which is attached.
Present: Chief of Police, John Cowan
Kenneth Hardin, Manager, Patriot Pub
Atty.Ron Adams, representing Patriot Pub
Chief Cowan informed the Board that Atty. Adams has requested to speak to the Board, prior to introduction of evidence relative to alleged violations.
Atty. Adams stated that the Hearing was relative to two separate incidents and after discussion with Chief Cowan, they are willing to stipulate that relative to the first incident on March 31, 2007, that 2 non-employees were on premises after closing hour and will agree to a 2 day suspension. Relate to the second alleged violation on May 5, 2007, would like to request a separate hearing as they feel there was not a violation and would like to present evidence and call witnesses at another hearing.
Atty. Adams stated that Mr. Hardin has taken steps to make sure no patrons are on premises after closing. Noted that they would agree to an amendment to their license to state “no patrons on premises after closing”.
Chief Cowan stated that he would have no problem with a second hearing at a later date for the May 5, 2007 alleged violation.
Chief Cowan read from the Police Report of Sgt. Scott Allen relative to the alleged violation on March 31, 2007 and explained the violation.
Mrs. McNulty and Mr. Hamilton agreed to separate the two incidents and to hear the alleged violation on May 5, 2007 at a later date.
Chief Cowan recommended a two-day suspension of the liquor license to be taken within 10 days of the Hearing.
Atty. Adams stated that Mr. Hardin agreed to the recommendation of Chief Cowan.
Board of Selectmen -3- August 7, 2007
Chief Cowan stated that he will check with officers involved with second incident as to their schedules and will request hearing date later.
Atty. Adams stated that there was a possibility that an agreement with Chief Cowan could be reached prior to holding a hearing.
Mrs. McNulty noted that the Board takes very seriously conformance with the liquor laws and the safety of residents of the town.
Mr. Hamilton stated that Board has had previous issues within town at liquor establishments and that the Board is solid that issues are addressed. Noted that Board has agreed to split hearings.
M/Hamilton, s/McNulty, a unanimous vote, move to accept the recommendation of the Chief of Police and determine that a violation of MGL Ch. 138, s63A – Hindering or delaying investigator, inspector or agent of commission, did occur on March 31, 2007 at the Patriot Pub, 225 Bedford Street and to suspend the liquor license for 2 days, said suspension to be served within 10 days of the Hearing held on August 7, 2007.
Mr. Samia informed the Board that the Conservation Commission has requested that they move their office to the area known as the Lounge and that their present office become a meeting room. Noted that the room would be available to other committees/groups for meetings.
Board stated that they would check into this request and make a determination later.
M/Hamilton, s/McNulty, a unanimous vote, move to close Open Session at 8:03 p.m.
Board of Selectmen