The weekly meeting of the Board of Selectmen was held on Tuesday evening, June 10, 2008 at 7:30 p.m.
Present: David L. Walsh, Chairman; Peter A. Hamilton, Clerk; Theresa McNulty
George Samia, Town Administrator;
Catherine Johnson, Senior Clerk
Appointment
Mr. Frank Angelo of Boy Scout Troop 29 was present to introduce D.J. Walsh, Eagle Scout. D.J. presented his Eagle Scout project to the Board. D.J. explained that he would be building a permanent billboard-style sign for the front of the Town Hall and expressed that he felt the sign would better inform the community of local events and elections.
M/Hamilton, s/McNulty, a unanimous vote, approve the Eagle Scout project of D.J. Walsh as printed.
Appointment
Mr. Joseph Dutcher was present to discuss his interest in serving on the South Eastern Regional School Committee. The Board expressed their appreciation to Mr. Dutcher for his interest in the position and volunteerism with the school since the groundbreaking.
M/Hamilton, s/McNulty, a unanimous vote, approve the appointment of Joseph Dutcher as the representative from East Bridgewater to the South Eastern Regional School Committee, contingent upon the vote of the School Committee.
VOTE: Yes – Walsh, Hamilton, McNulty; a unanimous vote in favor
Hearing
Kenneth Hardin, Harden & Sons Ent. Dba Patriot Pub
225 Bedford Street
re: Violation of 204 CMR 2.05 (2) – Permit any disorder, disturbance or illegality in
or on licensed premises.
Police Chief John Cowan and Manager of the Patriot Pub, Kenneth Hardin were present to discuss the alleged Liquor Law violations which occurred at the Patriot Pub on January 12, 2008.
Chief Cowan read his letter to the Board dated May 28, 2008, which read as follows:
Dear Board of Selectmen:
It is requested that a date and time be set for a Public Hearing concerning a violation that occurred on January 12, 2008 at Patriot Pub, Carriage Crossing, East Bridgewater.
i.e.: 204-CMR 2.05 (2) – Illegal Narcotics Use
Reports and testimony are to be introduced for any action to be taken by the Board of Selectmen regarding the incidents.
Please advise me as soon as possible of your decision. Thank you for your cooperation in this matter.
Respectfully submitted,
John E. Cowan
Chief of Police
Board of Selectmen -2- June 10, 2008
Mr. Hamilton read the Public Hearing Notice dated May 28, 2008.
May 28, 2008
Harden & Sons, Ent dba Patriot Pub
Kenneth Hardin, Manager
225 Bedford Street
East Bridgewater, MA 02333
Dear Mr. Harden:
The Board of Selectmen will hold a Public Hearing relative to alleged violations, which occurred on your premises on January 12, 2008. The Hearing will be held Tuesday evening, June 10, 2008 at 7:45 pm in the Main Conference Room, Town Hall, 175 Central Street, East Bridgewater, MA.
The Public Hearing is to hear reports and testimony on the following violations:
204 CMR 2.05 (2) - Permit any disorder, disturbance or illegality in or on licensed premises.
A copy of 204 CMR 2.05 (2) is 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 May 28, 2008 and a letter from Det. John R. Grillo on February 13, 2008, copies of both are 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.
Sincerely,
Peter A. Hamilton, Clerk
Board of Selectmen
c.c. Chief of Police
Town Counsel
Chief Cowan explained that he had conversation with Mr. Harding regarding his recommendations, and that Mr. Harding was not going to contest the facts and that Officer Flint, the Officer on duty the night of the violation, was on duty this evening, and would be available if needed.
Chief Cowan read the Police Report as follows:
On 01-12-08 at approximately 2130 hours, I Officer Flint responded to the rear of the Patriot Pub located at 225 Bedford Street in East Bridgewater. A named witness reported that while sitting in her car at the movie theater parking lot, she observed two males smoking marijuana. Upon arrival I observed two males behind the Patriot Pub in the alley where the caller had described. I spoke to both parties later identified as Michael Harden and Mark Harden. They are both employed by the Patriot Pub. I asked both of them if they had been smoking marijuana and they stated no. I could smell the odor of burnt marijuana coming from their persons. I asked them if they had any marijuana on them and they both stated no. At this time I advised them that I was
Board of Selectmen -3- June 10, 2008
going to search them both and to give up the marijuana if they had any. At this time Michael Harden stated that he had some and pulled a small baggie containing marijuana out of this front
pocket. At this time I confiscated the drugs and logged them into evidence. The involved party, Michael Harden was summonsed to Brockton District Court.
Chief Cowan explained to the Board that the case has gone through court.
An explanation was given by Chief Cowan of 204 CMR 2.05 (2) – Permit any disorder, disturbance or illegality in or on licensed premises. Chief Cowan further explained than any illegality is not permitted on a licensed premises.
The Board asked Chief Cowan to explain the Liquor Law violations that occurred at the premises in the past.
Chief Cowan’s recommendation was progressive action, of 5 days suspension of the Liquor License, Wednesday, Thursday, Friday, Saturday and Sunday, to be completed within the next 30 days. The Board agreed with Chief Cowan and set the 5 days as July 2nd through July 6th, 2008.
Mr. Walsh stated that due to past violations, along with this incident, he would, if there are future violations, look to take possession of this Liquor License.
The Board was supportive of Chief Cowan’s recommendation.
M/Hamilton, s/McNulty, a unanimous vote in favor of Chief Cowan’s recommendation to suspend the Liquor License for Harden & Sons, Ent. Dba Patriot for 5 days to occur July 2nd through July 6th, 2008.
Action Items
M/Hamilton, s/McNulty, a unanimous vote, approve the minutes of the June 3, 2006 meeting.
M/Hamilton, s/McNulty, a unanimous vote, approve the request of Scott C. Allen of the E.B. Community Drug Council for the annual Dale and Duds Concert on the Common on Tuesday, June 17, 2008 from 6:00 p.m. – 9:00 p.m., pending the approval of Chief Pratt and D.P.W. Director John Haines.
Appointment
Claire Yokum, Chair of the Conservation Commission was present to inform the Board of several reports of vandalism on Conservation Land, including the Bay Circuit Trail along the Satucket River from Bennett Lane to Susan’s Place, and the Frank Johnson Memorial riverfront area on Bridge Street. Ms. Yokum stated that she spoke with Chief Cowan and that he suggested she ask the Board to add the two parcels to the Public Land Facilities Use Policy.
M/Hamilton, s/McNulty, a unanimous vote, to amend the Public Land Facilities Use Policy Section 3, properties subject to this policy, to include Satucket River from Bennett Lane to Susan’s Place and Frank Johnson Memorial area on Bridge Street.
Board of Selectmen -4- June 10, 2008
Open Forum
Ralph Armstead of the S.E. Regional School Committee of 33 years expressed his thanks to the Board for Eric Greene and Joseph Dutcher.
Town Administrator Report
Energy Audit
Reminders
E.B. Drug Council annual Dale & the Duds Concert on the Common, June 17,
6 – 9 p.m.
Fiesta Carnival sponsored by E. B. Recreation Commission, June 18 – 22 at High
School fields.
“The Buzz” June 20, 6 p.m. at T.J. Smith’s Victorian House
M/Hamilton, s/McNulty, move to close Open Session.
VOTE: Yes – Walsh, Hamilton, McNulty; a unanimous vote in favor.
Meeting adjourned at 8:15 p.m.
____________________________Clerk
Board of Selectmen
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