December 14, 2021

“Mr. Howell moved to accept the Administrator's recommendation and impose a warning on a first time offense, 2nd by Ms. Anderson. Vote 4:0 by roll call in favor.” (Motion: Howell, second: Anderson)

Read it in the official minutes, page 2 (PDF)

“Mr. Howell moved to affirm the findings and determinations of the Hearing Officer and as a consequence we adopt his recommendation of insufficient evidence to warrant a finding illegal activity and there will be no discipline, 2nd by Ms. Anderson. Vote 4:0 by roll call in favor.” (Motion: Howell, second: Anderson)

Read it in the official minutes, page 3 (PDF)

“Mr. Howell moved that the Board affirms the findings and determinations of the Town Administrator that therefore no disciplinary action will be imposed on the Wychmere Harbor Club, 2nd by Ms. Anderson. Vote 4:0 by roll call in favor.” (Motion: Howell, second: Anderson)

Read it in the official minutes, page 4 (PDF)

“Mr. Howell moved that the Board affirms the findings and determination of the Town Administrator but the Board imposes the issuance the punishment of a warning letter for the establishment Perks, 2nd by Ms. Anderson. Ms. Anderson expressed that she is not sure a warning is enough and suggested possibly a suspension of entertainment for Perks. Ms. Kavanagh noted that Perks had suspended their outside music in June, there is difficulty with the bylaws and the density issues. She suggested that communication on both sides could get to a happy medium. There is so much involved and she agrees with the warning but commented that there is a lot of work to do. Mr. Howell commented that the Board had agreed to a policy of progressive punishment. For the record, from his recollection from that Planning District, the depth of the Commercial District happens to be 150 feet. The margin for error is almost nonexistent. In general, everyone must understand that the Board is not going to tolerate things that may have been tolerated in the past. Vote 4:0 by roll call, in favor. Motion carried unanimously.” (Motion: Howell, second: Anderson)

Read it in the official minutes, page 5 (PDF)

“Mr. Howell moved that the Board affirms the findings and determination of the Town Administrator as to the matter of the first offense of drinking in the establishment after hours that a warning letter is issued to the establishment. Based on compound violations of the entertainment license that the Board assesses a penalty of suspension the liquor license for pouring the First Friday of June, 2nd by Ms. Anderson. Ms. Kavanagh noted that moving forward they should not combine all the violations into one hearing. Vote 4:0 by roll call, in favor. Motion carried unanimously.” (Motion: Howell, second: Anderson)

Read it in the official minutes, page 6 (PDF)