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Minutes Released 9-11-18
TOWN OF HOPKINTON
Board of Selectmen
Executive Session Meeting Minutes
May 2, 2016
A meeting of the Hopkinton Board of Selectmen was held on Monday, May 2, 2016 In Room
252, Hopkinton Middle School, Hayden Rowe, Hopkinton, MA. Selectmen present: Ben
Palleiko, John Coutinho, Todd Cestari (6:30 p.m.), John Mosher, Brian Herr. Administrative staff
present: Norman Khumalo, Town Counsel Ray Miyares and Eric Reustle.
CALL TO ORDER: Chairman Palleiko called the public meeting to order at 6:37 PM in Room
252, Hopkinton Middle School and stated that this morning, Counsel for Hopkinton Wine and
Spirits contacted Town Counsel regarding the Board’s suspension of its liquor license, and that
it was necessary for the Board to meet in executive session tonight to discuss the matter, even
though it was not posted. Selectmen Palleiko also stated that this would not constitute a
violation of the Open Meeting Law because he could not have reasonably anticipated the need
for this discussion more than 48 hours prior to the meeting.
The Chair entertained a motion to discuss strategy with respect to the Hopkinton Wine and
Spirit’s appeal of the Board’s suspension of its liquor license to the Alcoholic Beverages Control
Commission because an open meeting will have a detrimental effect on the litigating position of
the Board,and the chair so declares;to permit Ray Miyares,Town Counsel,Eric Reustle,
Associate Town Counsel,and Norman Khumalo,Town Manager,to join in the Executive
Session; and to reconvene in open session after the close of the Executive Session.
MOVED by Mr. Mosher and SECONDED by Mr. Herr ROLL CALL: Mr. Palleiko-Yes, Mr.
Coutinho-Yes, Mr. Mosher-Yes, Mr. Herr-Yes. VOTE to Approve: Yes-4, No-0.
DISCUSSION:
Mr. Khumalo advised the Board of Selectmen that Tim J. Perry, representing Hopkinton Beer
and Wine, a licensee that was found in violation last week, informed Mr. Miyares this afternoon
that his client is filing an appeal to the ABCC and is asking if the Board of Selectmen could
agree to stay the suspension pending the appeal (or a resolution prior to appeal). Alternatively,
his client would seek a stay by injunction. Following discussion of the pros and cons of granting
or not granting this request it was MOVED by Mr. Coutinho that the Board of Selectmen are
willing to agree to a stay of the suspension once the Board has received a completed, unedited
copy of the surveillance video(s) made of the incident that gave rise to the suspension; and that
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Minutes Released 9-11-18
the terms of the stay would be as be as follows: 1. the stay will extend until June 30, but no
longer without the further agreement of the parties; 2. the ABCC hearing will not be scheduled
during the period May 30 to June 10, 2016; and 3. if the ABCC upholds the suspension or the
Selectmen’s decision following the ABCC ruling results in a suspension, such suspension shall
be served on the weekend immediately thereafter; and SECONDED by Mr. Herr ROLL CALL:
Mr. Palleiko-Yes, Mr. Coutinho-Yes, Mr. Cestari-Yes, Mr. Mosher-Yes, Mr. Herr-Yes. VOTE to
Approve: Yes-5, No-0.
The Chair entertained a motion to exit executive session and reconvene at town meeting.
MOVED by Mr. Cestari and SECONDED by Mr. Coutinho
ROLL CALL: Palleiko-Yes, Mr. Coutinho-Yes, Mr. Cestari-Yes, Mr. Mosher-Yes, Mr. Herr-Yes.
VOTE to Approve: Yes-5, No-0. The Board left executive session at 6:45 PM.
Respectfully Submitted,
Brian J. Herr, Chairman
Approved: 6/21/16
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