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HomeMy WebLinkAboutMinutes - City Council - 04/28/1986LIQUOR CONTROL BOARD 28 APRIL 1986 The South Burlington Liquor Control Board held a special meeting on Monday, 28 April 1986, at 7:40 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present Leona Lansing, George Mona, Francis X. Murray Others Present William Szymanski, City Manager; Stephen Stitzell, City Attorney; Wendy Schroeder, Business Manager; Margaret Picard, City Clerk/Treasurer; James Goddette, Fire Department; Albert Audette, Street Dept; Joseph Lemay, Tonya Shultz, Patricia Dugan, Todd Shepard, Police Department; Frederick Myers, State of Vermont Hadley Road homeowners: Richard Cady, Mary Cady, Craig Weatherly, Maura Weatherly, Janet Delneo, Louise Brooks, Sandi Davis, John Davis, Brian Reed, Caren Hoffman Club New England: Allen Ward, Rickey Ward, Jody Blinn, Wesley Ward, Amy Jo Miller, Jeff Soren, Robert Christie, Edward Blair, Richard Coakley, Dawn Aylward, Patricia Robertson, Chris Brown, William Higgins, Pierre Sirois, David Goyette, William Fletcher, Hans Jerny, Mark Young, Doris Ward, David Donahue, Paula Ward; Consultants: N. Benoff, Diane Muhr, Dr. Hundle, Attorneys: Eugene Ward, Stuart McConnaghy Appointment of Acting Chairman Mr. Szymanski noted that since neither the Chairman nor Vice Chairman was present, an acting Chairman should be appointed. Mr. Mona moved that Ms. Lansing serve as acting Chairman. Mr. Murray seconded, and the motion passed unanimously. Continuation of Hearing on Renewal of First Class Liquor License for Club New England Eugene J. Ward identified himself as counsel for Ward Businesses, Inc. (Rick Ward and Allan Ward). Stuart McConnaghy identified himself as representing Thomas Farrell, owner of the property on which Club New England does business. Stephen Stitzel identified himself as counsel for the City of South Burlington Liquor Control Board. He noted that although only 3 members of the Board were present, the other 2 members would participate in the decision following a review of minutes and tapes. Mr. Ward went on record as preferring the entire Board be present at the hearing. He asked that the hearing proceed with this objection. Mr. Ward indicated they would like to use this occasion to speak with the neighbors and give them a proposal for the near future and present methods of carrying out these proposals. He noted that members of bands, employees, and their families were present to support the proposal. Mr. Murray asked if the neighbors would object to only 3 members of the Board being present. Mr. Weatherly said they had no problem with absent members reviewing recorded evidence as long as this procedure was legally OK. Mr. Stitzel said that to the best of his knowledge as long as a quorum is present to take evidence the hearing could proceed and absent members could review recorded evidence. Mr. Murray then moved that based upon Mr. Stitzel's advice and upon state law, and not hearing anything to the contrary, the Board continue to hear evidence and allow absent members to review the recorded evidence. Mr. Mona seconded, and the motion passed unanimously. Attorney Ward noted his objection then asked if they could take a few minutes to present their proposal to the neighbors. Mr. Weatherly agreed to hear this. Attorney Ward said the Club has hired Mitch Benoff from a firm in Massachusetts. Mr. Benoff conducted tests at the Club and believes the problems can be rectified. The Club has given $25,000 in bank checks which will be turned over to Mr. McConnaghy to be put into a trust account and drawn upon to pinpoint and rectify problems. The second part of the project would be to construct ceiling, walls, or whatever necessary to solve the low bass problems. Finally, monies would remain on a continuing basis to monitor the situation and to make sure problems are not repeated. He said he believed the Club has tried to solve the problems and be good neighbors. They put in exterior and interior walls and thought it was a much lesser problem than the neighbors indicated last week. Mr. Murray asked who would monitor the situation. Mr. Ward indicated that Mr. McConnaghy would continue to monitor the funds until the problem is solved. Mr. Weatherly said they understood the proposal but were concerned that it does not include identification of a performance level that is satisfactory to the neighborhood. Until this is done, he felt they were wasting their time and the Club's money. Mr. Murray asked if there is a means for the neighbors to state what is acceptable to them. Mr. Weatherly said the neighbors have hired Dr. M.S. Hundle to do some testing as there must be an identification of the level at which the noise becomes intolerable. That level may be something the Club is unable or unwilling to achieve. He said that what Dr. Hundle recorded this past weekend was enough to keep neighbors awake. Mr. McConnaghy said this is exactly what they want to do, first identify that number and then, assuming the situation is fixable, fix it. If this can't be done, they are prepared to come back to the Board and say so. He said they are prepared to start immediately to identify that number and their aim is to make the neighbors on Hadley Road content with Club New England as a neighbor. Attorney Ward indicated that their consultant, Diane Muhr, has agreed to work with Dr. Hundle to come up with an acceptable number. After a brief deliberation, Mr. Murray said the Board was prepared to take evidence as necessary. It appeared, however, that if there was an opportunity for the parties to settle without taking evidence, that would be preferred. He said they were also aware that the neighbors had been to the Board previously. He said the Board was prepared to continue the hearing until they were certain Dr. Hundle and Ms. Muhr had gotten together to explore the possibility of an agreement. A brief recess then followed during which various parties were to confer and decide on their next course of action. Following the recess, Mr. Weatherly indicated he had talked with the neighbors and with Eugene Ward. The neighbors were prepared to recommend that the Board provisionally renew the Club's license subject to review based on a schedule of events as follows: 1. Within 2 weeks, Dr. Hundle and Dr. Muhr would conduct sound tests to determine a measurable at which the neighborhood can stand the noise, irrespective of zoning and national standards. The Club would pay for Dr. Hundle's services up to $1,000. 2. Once that objective standard has been identified, the Club will obtain a report from its contractor by June 1. This will outline work to be done to achieve the level identified by Drs. Hundle and Muhr. 3. The contractor would proceed with work and target July 15th as a completion date with the understanding that a 30-day extension would be granted, if necessary. Attorney Ward said he was confident that work could be completed by July 15th. The final phase of the agreement would be a system of monitoring to be certain that whatever is done accomplishes the intended objective. Attorney Ward said the only point they are not in complete agreement on is the setting of a level. This is now an unknown. The Club will cooperate by bringing in a band to play at different levels. If an acceptable range cannot be found, they will be back before the Board. Dr. Hundle said that although his bills were being paid by the Club New England, he felt his responsibility was to the Liquor Control Board. Attorney Ward said they recognize Dr. Hundle represents the neighbors and do not view this as a conflict. Mr. Murray said the Board has been advised by Mr. Stitzel that it is not necessary to issue a provisional license since the old license remains in effect throughout a hearing. Attorney Ward said he understood they had to have a signed permit in order to get their State license renewed. Mr. Murray read the appropriate section of Vermont law, and Mr. Mona stated for the record that Club New England's application was submitted in a timely manner. Mr. Murray confirmed that the license was in effect and said if there is any problem with the State, the Board would meet in special session to solve it. Attorney Ward said he would contact Mr. Stitzel and advise. Mr. Murray asked that the Board be given something in writing by 2 P.M, Friday, May 9, 1986, indicating the status of the situation and whether further Board intervention is needed. Mr. Murray then moved that the matter be continued until May 12th unless the Board hears differently on May 9th from the parties involved. Mr. Mona seconded, and the motion passed unanimously. Other Business Mr. Szymanski advised that tax problems with Dolan's Variety and Koala Mauna have been resolved. Mr. Murray moved that the Board sign the second class liquor license renewal for Dolan's Variety and the first class renewal for Koala Mauna. Mr. Mona seconded, and the motion passed unanimously. Mr. Murray then moved that the Board sign the first class renewal for Quarry Hills conditional upon Quarry Hills fulfilling the terms agreed to with the City two weeks ago. Mr. Mona seconded, and the motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:15 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.