The weekly meeting of the Board of Selectmen was held on Monday evening, October 18, 2004 at 7:30 p.m.
Present: Eric W. Greene, Chairman
David L. Walsh, Clerk
George Samia, Town Administrator
Catherine Johnson, Senior Clerk
John Stuebing, Town Counsel
Robert Kerwin, Town Counsel
Action Items
M/Walsh, s/Greene, a unanimous vote, approve the minutes of the October 4, 2004 meeting.
M/Walsh, s/Greene, a unanimous vote, endorse the Roberts Road Heavy Vehicle to eliminate truck traffic from Robert Road in Bridgewater.
M/Walsh, s/Greene, a unanimous vote, approve the appointment of Tony Figueiredo, at the recommendation of the Finance Committee, to the Finance Committee effective immediately through June 30, 2007.
Appointment
Mr. John W. Walsh of Walshey's Subs & Pizza located at 225 Bedford Street was present to request a Common Victualer License. Mr. Walsh explained that he took over All American Sub & Salad and that the sub shop will now include Pizza, calzones and steak tips.
M/Walsh, s/Greene, a unanimous vote, approve to grant a Common Victualer License to Walshey’s Subs & Pizza, 225 Bedford Street.
Public Hearing
Cancellation of Common Victualer All Alcoholic License
Brendan’s Pub
579 West Street
Public following Hearing Notice was read.
The Board of Selectmen will hold a Public Hearing for the purpose of cancellation of your Common Victualer – All Alcoholic License on Monday evening, October 18, 2004 at 7:45 p.m. in the Main Conference Room, town Hall, 175 Central Street, East Bridgewater.
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Board of Selectmen -2- October 18, 2004
We are providing you with copies of Chapter 138, Section 77, Section 64, Section 65 and
Section 67 for your information.
We request your presence at this hearing. You may have counsel present.
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Please contact this office should you have any questions relative to this notice.
Neither Mr. Barlow nor his Attorney was present.
M/Walsh, s/Greene, a unanimous vote, approve the cancellation of Common Victualer All Alcoholic License pertaining to Brendan’s Pub at 579 West Street
Staff Reports
Board of Health Flu Clinic notice;
Trash Bag update;
Analysis of Homeowner’s Revenue Account.
Board Comments
Mr. Walsh stated that Fall Festival at Bannerman and the DARE dinner this weekend were a great take and wonderful community events.
Public Hearing
Mr. Greene opened the Public Hearing at 8:00 p.m.
Mr. Walsh read from the letter of notification sent to Casa Loma Pub & Club:
The Board of Selectmen will hold a Public Hearing relative to alleged violations, which occurred on your premises on May 31, 2004. The Hearing will be held Monday evening, October 18, 2004 at 8:00 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 violations:
Mass. Gen. Laws ch. 138, §69 Sale or delivery to intoxicated persons
Mass. Regs. Code tit. 204, §2.05(2) Permit any disorder, disturbance, or illegality in or on licensed premises
Board of Selectmen -3- October 18, 2004
A copy of Mass. Gen. Laws ch. 138, §69 and Mass. Regs. Code tit. 204, §2.05(2) are enclosed for your information.
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 June 18, 2004, a copy of which is attached.
You have the right to attend and to have counsel present with you. You may also request to view the police report and file regarding the alleged violations.
Present: Sergeant John Cowan
Officer Michael McLaughlin
Officer Joel Silva
John Stuebing, Town Counsel
Joseph Cooke, Manager of Casa Loma Pub & Club
Thomas V. Orlandi, Jr. Attorney for Casa Loma Pub & Club
Mr. Greene requested Sgt. Cowen to begin the hearing with Police Department account of the alleged violation.
Sgt. Cowen gave a summary of the violation and read highlights of the Police report written by Sgt. McLaughlin.
Sgt. McLaughlin was in charge of the midnight to 8:00 a.m. shift on the evening of 6/1/04.
A copy of the Police Report is attached.
Attorney Thomas V. Orlandi, a Liquor License Attorney representing the Casa Loma with Joseph Cooke who has been the owner/operator for approximately three years. Mr. Orlandi stated that they have had the opportunity to discuss the matter with Town Counsel and the Police Department and asked that the Board support their recommendation.
Mr. Orlandi gave background on Mr. Cooke and of the night in question. Mr. Orlandi stated that this occurrence took place on a Monday, a few people were playing pool, individuals came in, when all of sudden the Bartender notice yelling and screaming and before she knew it the patrons were involved in an all out fight and the bartender called the police immediately.
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Mr. Orlandi stated that there would now be security on Monday evenings during the pool league night stationed at the pool table.
Mr. Orlandi stated that the bartender on the duty that evening has since been fired from her job, due to the zero tolerance policy with regards to serving intoxicating persons.
Mr. Orlandi asked that the Board respectfully uphold the recommendation of the Police Department and avoid the long lengthy litigation involved in the proceeding.
Mr. Greene asked Mr. Cooke what the litmus test for an intoxicated person was. Mr. Cooke explained that it’s basically a judgment call by the bartender as well as use of their training to notice the level of intoxication of the patron.
Police Department recommendation is for a 2-day suspension of the Liquor License and to allow the establishment to pick the two days under the area of disorderly persons.
The Board stated that they feel comfortable with the recommendation of the Police Department.
M/Walsh, s/Greene, a unanimous vote, to accept the recommendation of the Police Chief to suspend the Liquor License for the Casa Loma Pub & Club for November 23, 2004 and November 25, 2004.
Appointment
Robert Kerwin, Town Counsel and Kerry Ryan, Town Counsel of Tarlow, Breed, Hart & Rodgers, P.C. presented to the Board and the residents the agreement between BFI and the Town of East Bridgewater.
A lengthy and informative presentation was given, highlighting the important issues of the agreement.
Mr. Ted Neura, BFI Project Development Manager and John DeNapoli, BFI Regional Engineer presented the Northern Disposal Sanitary Landfill Summary.
A lengthy and informative presentation was given, highlighting the import issues of the proposed project.
Open Forum
No one present
Board of Selectmen -5- October 18, 2004
Town Counsel Report
Rivers Edge Update
Mr. Walsh stated that he felt it was very important to dispel some rumors with regards to the BFI issue, and stated some key points as to the fact that every property owner has the right to request a bylaw change, that this is not something that is in the control of the Board of Selectmen. This is a multi-stepped process and urged the residents to get out and get as much information as possible to make their decision.
Mr. Walsh expressed his disappointment in local officials in surrounding towns who have come forward speaking as our good neighbors and have yet to contact anyone in this town with their concerns.
Mr. Walsh explained that he would meet with any town officials at any time, as well as take any phone calls by residents with any concerns or comments regarding the BFI Landfill.
Mr. Greene further stressed the point that the Board is available to local town officials at any time to discuss their concerns or comments regarding BFI.
Mr. Walsh expressed that this has been a live and learn experience and that he is very happy to see all the hard work that has gone into this agreement and feels that the town is being protected with this agreement.
m/Walsh, s/Greene, a unanimous vote, move to adjourn the meeting.
VOTE: Yes – Walsh, Greene; a unanimous vote in favor.
Meeting adjourned at 10:10 p.m.
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