Hull Board of Selectmen
Minutes
October 23, 2001
The Hull Board of Selectmen meeting was called to order at 7:34pm on Tuesday evening, October 23, 2001 at the Hull Municipal Building, 352 Atlantic Avenue, and Hull Massachusetts.
Present: Timothy MacKenzie, Chairman; Joshua Cutler, Vice-Chairman;
Thomas Burns, Clerk; and Regina Burke, Member. Also present was James Lampke, Town Counsel.
Not Present: John Reilly, Member; and Phil Lemnios, Town Manager.
Correspondence
A letter from Dennis Zaia received last August and not previously addressed by the Board was discussed. Cutler requested an invitation setting an appointment be sent which also expresses regrets for the delay.
Noted a letter from Temple Beth Shalom thanking the Board for its support following recent acts of hate and for its support for the Hull's No Place for Hate Committee.
Discussed and acted upon was a memo from Police Chief Donald Brooker in regard to Halloween hours he suggested to be 3:00pm to 8:00pm.
MOVED-Cutler: To approve Trick or Treat hours on October 31, 2001
between 3:00pm and 8:00pm.
SECOND-Burke
VOTE: UNANIMOUS in Favor
Appointments
7:45pm - Maryanne Leonard - Applicant for Conservation Commission
Maryanne Leonard was interviewed as an applicant to serve on the Conservation Commission. As there are two vacancies and three applicants she responded favorably to serving as an alternate.
MOVED - Cutler: To appoint Martha Horn and John Boyd to three-year
terms as members of the Conservation Commission, and
Maryanne Leonard as an alternate for a three-year term.
SECOND - Burns
VOTE: UNANIMOUS in Favor
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8:00pm - Robert Gilman - Applicant for Beach Study Committee
Robert Gilman was interviewed as an applicant to the Beach Study Committee.
MOVED - Cutler: To appoint Robert Gilman to the one-year term as a member
of the Beach Study Committee.
SECOND - Burns
VOTE: UNANIMOUS in Favor
The board recessed at 8:00pm and returned at 8:20pm.
8:15pm - Chief's Brooker and Russo - re: Emergency Preparedness
Police Chief Donald Brooker and Fire Chief, J. Nicholas Russo appeared before the Selectmen with a presentation on Emergency Preparedness.
They said that plans are in place and the two Chiefs meet daily to coordinate efforts. Brooker said he also meets daily with the Town Manager. Both detailed the plans, which include offering their services to the U. S. coast Guard.
After warning that a suspicious envelope should remain sealed. Chief Russo said that he wants people to call on ant matter that seems suspicious, and no matter what - they should not feel foolish, he added.
8:45pm - Sandbar - Show Cause Hearing
The Chairman opened the hearing and swore in witnesses to testify on two violations charged to have occurred on July 22, 2001 at the Sandbar, 276 Nantasket Avenue, James P. Kenny, Treasurer of South Shore Foods Corp.
Present for the licensee was Jeffrey Szbocek, representative.
Police Chief Brooker told the Board that a white van observed on the sidewalk to the rear of the establishment aroused suspicions and upon investigation cases of alcoholic beverages were found secreted behind the bar which was not purchased from a licensed distributor as required by law but rather had been brought in from the van. He said criminal charges are pending against the person who transported the liquor.
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Szbocek told the Selectmen that the licensee is requesting the licenses be revoked. He also cautioned the Board to pay attention to the patio area and alleged that he witnessed many violations during the time his employer operated the business.
Cutler said that because the establishment is currently closed and there is a legal controversy between the owner and the licensee that he feels that there is some ulterior game being played by the licensee by asking that the license be revoked for offenses, which would normally not result in a license revocation.
Lampke advised the Board that the allegations of violations on the patio are unsubstantiated and that he doubted the accuracy. Lampke indicated that had there been so many problems they would have been noticed by the Police Department and brought to the attention of the Board.
Lampke also advised the Board that given the fact there is no proof of these violations and that they are not part of the hearing, the Board should not rely on those allegations when considering any future applications for use of the patio.
MOVED - MacKenzie: That the Board finds the violations as alleged to have
been established.
SECOND - Cutler
VOTE: UNANIMOUS in Favor
MOVED - MacKenzie: To revoke the licenses of South Shore Foods Corp. dba The Sandbar, 276 Nantasket Avenue.
SECOND - Burns
Cutler told the Board he will be voting against the motion because he does not believe the Board has all the facts.
Burke said she will recuse herself from voting, but agrees with Cutler.
VOTE: Aye, MacKenzie; Aye, Burns; Nay, Cutler, Burke Abstained.
MOVED - MacKenzie: To accept the surrender of the Common Victualer and
Entertainment Licenses.
SECOND - Cutler
VOTE: Three Ayes, one abstention (Burke)
Hearing Closed.
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MacKenzie read a letter from Jeffrey Shaheen requesting to meet with the Selectmen in regard to the Oasis.
MOVED - Burke: To go into executive session to discuss the sale or lease of
real property and strategy in litigation.
SECOND - MacKenzie
ROLL CALL VOTE: Aye, Burns; Aye, MacKenzie; Aye, Cutler; Aye, Burke.
Motion Passed.
The Board moved into executive session at 9:30pm and thereafter adjourned.
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