Town of Hudson - Board of Selectmen
Minutes–December 3, 2007
1. Call to Order: 6:30 PM
Present were Messieurs Loura, Durant, Parente, Leeber, Lucy, Blazar, and Cipriano. Also present were Ms. Santos and Ms. Ciccolo.
2. Minutes to be Approved:
Public Session: November 5, 2007
On a motion by Mr. Lucy, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the minutes.
Public Session: November 19, 2007
On a motion by Mr. Parente, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the minutes.
3. Citizen’s Issues:
4. Meetings and Public Hearings: 6:30
Selectmen to conduct annual Tax Classification Hearing in conjunction with the Board of Assessors.
Present for the Tax Classification hearing were the three assessors, Brian Bowen, Chairman, Christine Pratt, and Tony Bryan. Mr. Bowen made a brief presentation focused on the change in values over the past year, the impacts of those changes on the tax rates to be established, and the various options that the Selectmen had in selecting a classification factor. After some discussion among Board members, several of whom noted the strain on businesses, particularly in the downtown area, Mr. Durant moved and Mr. Lucy seconded the minimum residential factor available for FY08, .847815, which resulted in tax rates of $.01038 residential and $.02142 CIP. The motion carried by a margin of 5-0. Mr. Lucy then moved and Mr. Leeber seconded a motion acknowledging the unutilized tax capacity
of $914,402 resulting from the previous vote. This motion also passed by a margin of 5-0.
Selectmen to conduct previously continue hearing on alleged violations of the Alcohol Pouring License held by Santa Barbara Pub.
Vice Chairman, Durant, took the Chair at the request of Chairman Loura, and convened the previously continued hearing on the alleged violations of the Alcohol Pouring License held by the Santa Barbara Pub. Appearing for the Santa Barbara pub was attorney Frederick Busconi, and for the Town Attorney James Lampke. Attorney Lampke made a brief opening statement, an opportunity for which was declined by Attorney Busconi.
Attorney Lampke began his presentation by introducing into evidence 14 documentary exhibits. He then called three witnesses for the Town. Police Patrolman Roger Downing testified to his investigation into the assault alleged by Duarte Cabral, Detective Scott Chaulk testified about his involvement in the follow-up of that investigation as it related to the alleged violations of the alcohol pouring license, and Duarte Cabral testified as to the events that took place at the Pub that triggered his original allegation of assault & battery as well as the various meetings, interviews, and statements made by him subsequent to the alleged assault.
Mr. Cabral testified that he had come to the pub on August 31, 2007 after having two or three drinks of vodka and ginger ale elsewhere. He stated that he ordered and was served another such drink at the pub, and drank part or all of it before being forcibly removed from the pub by the Bouncer, Eddie Rego, and another individual, Arsenio Tavares. He claimed that while being removed he was struck in some fashion on his left knee, the side on which Mr. Rego was holding him, and that as a result he fell to the floor and was unable to stand, which resulted in his being dragged a distance by his legs on his back, before he blacked out and subsequently regained consciousness on the steps outside the pub. Mr. Cabral also testified to having received more than one visit after he had filed his
complaint of assault with the Police Department from two individuals identified as Mario and Paul, who said that they were running the “restaurant” part of the pub and attempting to buy the bar, and who offered to pay his medical bills if he would withdraw his charges. Mr. Cabral acknowledged that in a subsequent written statement he tried to make his charges “lighter” after he became convinced that the pub owner, Mr. Bairos, might get in trouble because of his charges, not merely Mr. Rego, whom he felt had treated him “like an animal” on the night in question.
All witnesses were subject to cross examination by Attorney Busconi, questions from individual members of the Board, and re-direct and re-cross examination when sought by the two attorneys.
Attorney Busconi commenced his defense by calling as a witness Mr. Roger Cancio, who testified that he had been present in the pub on the night that the alleged events transpired, and contradicted several of the allegations made by Mr. Cabral including who the individuals were who escorted him [Cabral] from the establishment, whether Mr. Cabral had been served by the bartender, and whether he was struck or injured in such a way as to require an emergency call to 911.
Mr. Cancio testified that he was sitting at the bar eating when Mr. Cabral came in and sat next to him. Mr. Cancio stated that Mr. Cabral appeared to have been drinking, and that he offered him [Cabral] some food, which Mr. Cabral proceeded to snatch from him and eat. Mr. Cancio stated that Mr. Cabral was not served by the bartender, but that he drank a glass of wine that a patron had left on the bar, and a bottle or glass of beer left behind by another patron, after which Mr. Cancio sought out Mr. Rego to inform him that he thought Mr. Cabral was causing a problem. Mr. Cancio said that Mr. Rego sat talking to Mr. Cabral for approximately 15 minutes, before “lifting” him attempting to carry him from the establishment. He further said that Mr. Cabral was writhing so violently
that Mr. Rego could not hold him, and he [Cabral] fell to the floor. Mr. Cancio said that he then assisted Mr. Rego in escorting Mr. Cabral from the establishment, after which Mr. Tavares drove Cabral home. Mr. Cancio acknowledged that after falling, Mr. Cabral asked him to call 911, but Mr. Cancio told him [Cabral] that it was not necessary.
Mr. Cancio was subject to cross-examination and questions from the board as well.
Attorney Busconi made closing statements, asserting that Mr. Cancio’s version of the events was the true one and that no assault, serving an intoxicated patron, or any other illegalities had been allowed to occur.
Attorney Lampke made his closing statements noting the lack of testimony from the bartender and Mr. Rego, and asserted that Mr. Cabral had been assaulted, had been served while intoxicated, and that, therefore, illegalities had been permitted to occur in the pub that night.
The Board having heard all of the testimony and reviewed the exhibits, the Chairman declared the public hearing closed, and the Board members commenced deliberations. Discussion among the Board members ensued, which was followed by Mr. Leeber making a motion, which was seconded by Mr. Durant, that a finding be made that an assault on Mr. Cabral had occurred, that Mr. Cabral had been served an alcoholic beverage while intoxicated, and that, therefore, illegalities had been permitted to occur in the bar on the night in question. The motion passed by a 5-0 margin.
Next, Attorney Lampke offered as exhibit 15 a record of ten prior violations for which the Santa Barbara Pub had been cited over the past several years. The various Board members spoke about what they thought would be an appropriate disposition of the case, culminating in a motion by Mr. Parente that was seconded by Mr. Leeber to revoke the Alcohol Pouring License held by the pub. The vote passed by a 3-2 margin, with Messieurs Durant and Lucy voting in opposition.
5. Licenses:
Selectmen to consider approval of change in ownership from Applebee’s Northeast, Inc. to Applebee’s Restaurants North LLC for all licenses issued to Applebee’s Northeast, Inc.
On a motion by Mr. Lucy, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the ownership change.
Selectmen to consider approval of partial list of 2008 license renewals for all licensee’s that have meet all the requirements.
Selectmen Parente requested that the Santino Auto Sales License renewal be set aside.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve all other license renewals.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 4-1-0 to approve the renewal of Santino Auto sales. Mr. Parente abstained.
Selectmen to consider issuing Christmas Tree Sales License to Encore Party Rentals.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the license.
6. Personnel:
Selectmen to consider approval of appointment of John Blood as Fire Chief.
On a motion by Mr. Durant, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to consider approval of the Appointment of Daniel Connor as Deputy Fire Chief.
On a motion by Mr. Durant, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to consider approval of appointment of Michael Gelsomini as Call Fire Fighter.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to consider approval of appointments of fall/winter employees in the Recreation Department.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointment.
7. Contracts:
Selectmen to consider approval of Change Order Number 1 in the amount of $39,440.37 to EH Perkins Construction, Inc. for additional work in the reconstruction of Stratton Rd. and Manchester and Essex Drives.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the Change Order.
Selectmen to consider approval of award and signing of contract with American Shoring, Inc. in the amount of $5,914 (LQ) for the purchase of Trench Safety Equipment.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to award the contract.
8. General:
Selectmen to consider approval and execution of Conservation Restriction and Easement on 12.764 Acres of Land owned by the River’s Edge Realty Trust.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the Conservation Restriction and Easement.
Selectmen to consider signing the Sewer Replacement Bond with the Sewer Revolving Fund in the amount of $129,028 for the completion of the Comprehensive Wastewater Treatment Plan.
On a motion by Mr. Parente, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the Sewer Replacement Bond.
9. Town Issues:
10. Correspondence to be Noted by Clerk:
On a motion by Mr. Parente, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to note correspondence.
11. Executive Session:
12. Adjourn:
The Board voted unanimously by roll call to adjourn to executive session, not to return to public session.
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