Present: Selectmen Grimes, O’Donnell, Ward, Casey, Chairman Angley, Town Administrator LaFond and A.T.A. Bouchard.
The Chair read the announcements of openings on various committees as well as the vacancy on the Library Trustees. Motion by Ward, second by Casey setting a deadline of 2/28/09 for applications on the Trustee vacancy. Vote unanimous.
Gary Garretson, Chairman
Earth Removal Committee:
Garretson came before the Board to inform them of the Committee accomplishments during 2008 as follows:
1. Worked with the Bylaw Review Committee to update the ERC Bylaw. The Bylaw is now being used by other communities as a model.
2. Road repair funds of $25,046.90 were funneled to the DPW. Balance in the account as of January 1, 2009 is $16,321.90. $9,336.80 was collected in the fourth quarter of 2008 due a large project. He cautioned that this is not typical.
3. There are currently no commercial projects in the Town.
Garretson stated that they are down one member. He also requested a line item budget for FY2010 of $1,500.
VFW Hearing:
The Chair opened the show cause hearing and all witnesses were sworn in.
The results of the Police Department investigation and violations were:
1. Permitting disorder, disturbance or illegality of any kind in or on the licensed premises. The licensee shall be responsible therefore, whether present or not.
2. Sale or delivery to intoxicated person. No alcoholic beverage shall be sold or delivered on any premises licensed.
3. Commercial clubs, failure to maintain a log book for non-members and their sponsors.
Administrative Sergeant Miksch and Sgt. Duphilly, investigating officer, gave a brief summary of the incidents of September 29, 2008 Based on the investigations and interviews by the Police Department it was determined that the VFW Post violated several liquor license regulations. The Department responded to a call at 4:45 P.M. stating an intoxicated female was walking in the roadway on North Main Street with Office Orr responding. Female gave a false id, and she admitted she had been drinking at the Post. Female was taken into protective custody due to level of intoxication. On the same date at 6:45 P.M. Sgt. Duphilly and Det. Zadok went to the VFW and spoke with the manager Don Lopes who informed them that the day bartender had gone home, and confirmed that the female had been in the bar earlier. A check of the guest sign in sheet showed that she had not signed in. On Sunday, October 5, 2008 at 11:30 A.M. Duphilly spoke with the bartender, Ms. Jacqueline Belleville by
telephone who confirmed she was on duty on September 29th and that the female entered the Post at 2 P.M. carrying a Dunkin Donuts cup. She further stated that the female did sign in but did not drink. She stated the female was present from 2 P.M. to about 4:30 P.M. Belleville stated that she did not appear intoxicated.
Miksch stated due to the fact that the Post has had three violations in nine months the Police Chief has not make any recommend sanctions and is leaving it to the Board. The Police Department has tried to work with members to work on solutions.
Quartermaster James Cleckley stated he had not spoken to the bartender as he received the letter regarding the hearing two days ago. He only goes to the post on Sundays and due to winter storms had not been there for two weeks. He also questioned the length of time between the incident and the notification of a hearing. He has a problem with that, and stated they should have had proper notice. Mr. Cleckley also questioned if the female was not served at the Post, why is the Post in violation of the liquor control act. He also questioned the length of time the Police Reports states the female was in the club. The Jr. Vice Commander of the Post who was sworn in stated he was present when the individual came in with a Dunkin Donuts cup, and stated she looked around and left a few minutes
later and was not served. He did not know if she signed in and stated she was not there that long. Miksch stated he does not have a lot of faith on who is in the VFW and how long they have been there if the book is not accurate.
O’Donnell questioned Miksch and Duphilly on female not signing in book. Miksch stated signing in a book is a law and that in 2006 the VFW agreed they would do it. Grimes questioned the Police Chief’s aggressiveness with the log book and asked if there were any other witnesses to the incident. The issue of the book is new to him and the statement should be did she drink at the VFW?
Ward questioned at the difference in time female was in the Post - 2.5 hours according to the bartender or just looked around and left.
O’Donnell questioned Duphilly whether female had taken a breathalyzer test or might she have been under the influence of drugs. Duphilly replied she had not taken breathalyzer. At this point the Junior Vice Commander again stated the female was not there for two hours and does not know why the bartender stated she was.
Cleckley stated over the last six to eight months since the last incident that he has personally been making sure through threat of termination that policies are adhered to and what they are looking for to ensure they do not go backwards to meet the Police Department’s requirements. To the best of his knowledge that is what they have been doing. Occasionally he does spot checks and if he sees something out of the norm he checks with the bartender. O’Donnell asked if the bartender checks to see if guests sign in. Junior Vice stated “more or less”.
O’Donnell commented that the VFW is a non-profit organization and asked Cleckley to explain some of the various programs in the community the Post supports. Cleckley proceeded to list the various charitable contributions that the Post makes throughout the year. The Post is also the location for various fundraisers. O’Donnell commented that the Post fills a tremendous void in the community.
Casey questioned why he (Cleckley) had not spoken to the bartender since by his own admission he received the letter a couple of days ago, and questioned whether Cleckley thought it was important enough. He has concerns on explanation of people wandering in and out of the Post is better, as opposed to vehicle accidents that happened as result of the last incident. He doesn’t think people are on the same page. Cleckley stated he does not live at the Post and does not get paid. He is there as often as he can be. Every Sunday he spends about six hours there, and they have a bar manager. He called the Chief yesterday, talked to the Jr. Vice and spoke with Don Lopes and just found out who the bartender was. O’Donnell asked if Cleckley got the full package
(police reports, etc.). Cleckley stated he just got the letter, and then called the Chief. Grimes then asked date of letter and incident. Cleckley stated he did not have a large window of opportunity to address the issue.
Grimes stated in the past he has had issues with the Post, and there was no excuse with the other incidents. He disclosed that he was a Life Member of the post. The Post has improved procedures since last two incidents and made inference that the Post is being unfairly held to standards that other establishments are not in Town by the Police Chief. Grimes urged that no action be taken by the Board on this issue.
Ward questioned Grimes stating if he was a Life Member, how he can vote on this. Grimes stated he voted before and Board had no problem.
O’Donnell at this point stated he was also a Life Member. O’Donnell suggested getting an opinion from the Ethics Commission to see if he and Grimes can participate.
Ward asked LaFond’s opinion on what needed to be disclosed by those participating in order to proceed. LaFond stated he did not know.
Ward commented that members of the Police Department felt the subject was inebriated, and feels that is something that should not happen in any liquor establishment. Grimes responded if every other establishment was treated the same he would have no problem. The Post just found out a couple of days ago and did not have sufficient time and information, and once again there seems to be an issue with the people at this Post with the Police Department.
Casey stated he had major concerns due to continued violations by the Post and made a motion to revoke the Post’s liquor license. Grimes at this point stated Casey was out of order and stated he did not like the way Casey was talking to representatives of the Post. Casey again made a motion to revoke. Grimes again stated firmly that Casey was out of order. The Chair then gaveled Grimes and told him he was out of order and told him he did not have the right to call another selectman out of order. Ward seconded for discussion Casey’s motion. Ward had a question in his mind whether there was enough evidence to follow through with two of the charges. O’Donnell stated there was reasonable doubt whether Town proved the violations as subject did not take a breathalyzer
and could have taken drugs and this is part of reasonable doubt. Also she was not there long enough to sign in. Grimes stated Post only had one day to investigate. O’Donnell stated we need to get ruling from Ethics Commission before Grimes and he can vote. Grimes asked if Casey knew about this before a couple of days ago. Casey stated he did. Ward also stated he has something in his folder quite a while ago. Casey stated it was the incident report. Grimes stated Casey should also check with Ethics as he is a past member of the Post. O’Donnell agreed in order to see the legality of any vote. LaFond suggested Board could continue hearing until information is received from the Ethics Commission and this would give the establishment the time to obtain more information and alleviate anyone concerns about fairness.
Motion by Ward, second by O’Donnell to continue hearing until more information is received from Ethics Commission. Casey withdrew his previous motion. Vote unanimous.
Town Meeting Date:
Motion by Ward to set Town Meeting for May 18, 2009 and article submission deadline for March 2, 2009, second by O’Donnell. Vote unanimous.
ABCC Seasonal Resident Population:
Motion by O’Donnell, second by Casey to accept seasonal population for ABCC as presented. Vote unanimous.
Appointments:
Motion by Casey, second by Grimes to appoint Anna M. Patchett to the Carver Cultural Council. Vote unanimous.
Motion by O’Donnell, second by Grimes to appoint Donna Nichols to the Commission on Disability. Vote unanimous.
Minutes of January 13, 2009:
Motion by O’Donnell, second by Ward to accept minutes of January 13, 2009 as written. Vote unanimous.
Financial Update:
LaFond stated at this point in time the Town needs to cut 10.23% from level services just to get to the spending target for FY2010. The Town’s cut is $550,000 and a $1 Million cut from the school. He and John Adams will be meeting with Department Heads again to assess the effects on the departments. In addition he has met with School Department and they will propose to the Board an override. He does not have information on that yet. Budget hearings are scheduled for the 28th. Grimes questioned how School Committee could recommend an override without having a budget. Ward stated override is decision of the Board and we need more information. LaFond stated this Town has never done an operational override, and no one knows the procedure.
Selectmen Notes:
O’Donnell reminded everyone Valentine’s Day is soon and not to forget loved ones. He also asked everyone to keep our President and troops serving around the world in our thoughts and prayers.
Ward commented that he would give an update on the Green Committee at the next meeting. He wished everyone a happy Valentine’s Day.
Angley wished everyone a happy Valentine’s Day.
Grimes questioned why members of the Conservation Commission were in the audience and stated that someone told him there was an issue with the Commission regarding Jack Franey. Grimes did not know if the Commission was here tonight to discuss that. Judy Ward came forward and stated that they had sent a letter to the Selectmen regarding the petition article at the December, 2008 Town Meeting. Mr. Franey’s name was the first one on the petition, and that he had collected signatures for the petition. Mr. Franey never communicated with the Commission about the article that proposed moving the 61A rollback tax funds from Con Com to the general fund. The Commission needs this money to purchase property and suggested in the future people should come to the Commission and not go behind their back. Ward did state that Sarah Hewins had nothing to do with this letter. James Nauen also stated this letter was the Commission’s idea and Hewins had nothing to do with it. Nauen further
commented that Franey is the Trustee of this fund and believes he violated that trust and that he should be removed as Trustee. LaFond cautioned that Mr. Franey was not here to speak on this issue and stated sometime ago the office received the letter and Mr. Angley asked him about and he did not see that the Selectmen had any authorization to remove the Treasurer as custodian of Town Funds. LaFond suggested that the parties involved should meet.
Grimes brought up the Cindy Sherman request for Executive Session. At the last meeting Dave Jenkins asked him to call to set up a conference call with Sherman. He called 1 ½ weeks ago and Sherman was ill and he did not here from him until yesterday. Wants to discuss the feasibility of Executive Session after next meeting and wants it put on Agenda
Casey - nothing
Ward expressed concerns regarding the Agenda items. There are issues Board members bring up during their notes that should be on the Agenda. He gave as an example the minutes of January 13th - there are more “notes” than items that on the agenda as they are major items.
Town Administrator Notes:
LaFond wished everyone Happy Valentine’s Day
Motion by Ward, second by Grimes to adjourn at 9:00 P.M. Vote unanimous.
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