BATH

Greg Tisdale, the owner of a Front Street pub that was denied new liquor and entertainment licenses earlier this month, will appeal the “appalling” decision to the city — and possibly to the Maine Liquor Commission — his attorney told The Times Record.

In a letter dated June 20, attorney Jack Barnicle of the Topsham law firm Moncure & Barnicle, representing Tisdale and the Black Barnacle Pub, wrote to Bath City Council chairman David Sinclair that the council’s June 13 vote against renewing the licenses is “extremely troubling” in light of “a positive review by Bath Police Lt. Stan Cielinski, and despite the city clerk receiving letters from the codes officer, fire chief and police chief indicating they had no problems with the granting of these licenses.”

“It is appalling that within one hour’s time, the council could have adequately considered and deliberated the ultimate fate and likely demise of a local business that by all indications was doing whatever it could to work within the city code and with its neighbors,” Barnicle wrote, characterizing testimony by Skip Taylor, owner of Winters Gone Alpaca Fashions, and two others who spoke at the public hearing, as “strikingly similar hyperbole” and “hearsay.” He wrote that draft minutes from the meeting — copies of which Barnicle provided to The Times Record — include no mention of evidence that “could have allowed the council to reach such a conclusion.”

Barnicle quotes from statute that a license “shall” be granted unless councilors find it “would be detrimental to the public health, safety, or welfare, or would violate municipal rules and regulations.”

Furthermore, he wrote, “It is especially troubling” that the council opted not to audiotape or videotape the proceedings, despite adequate technology, and Barnicle attributes that decision solely to Sinclair.

Responding to questions posed by The Times Record, Sinclair wrote in an email Friday that City Clerk Mary White asked him whether to videotape or stream the council meeting online, and, “Given that there was a cost to broadcasting on BCTV and at first (there) appeared no cost to just streaming the proceedings, I asked Mary to go forward with the streaming only. This would also have given us an archived copy of the meeting. Unfortunately, it turned out that we do not have the ability to stream at all unless we are paying the BCTV folks to be there at the cameras.”

Sinclair said White kept “diligent and accurate” minutes of the meeting.

Sinclair said that while Tisdale has requested a copy of the council’s written decision with findings, because Tisdale did not file renewal applications until May 18, “we are nowhere near the city’s deadline for final action.” Sinclair wrote that once the findings “have been finalized and approved by the council,” they would be forwarded to Tisdale.

But Barnicle argued in his letter that without any video or audiotape of the meeting, the council couldn’t change the draft minutes.

According to those draft minutes, Tisdale told the council that he had been working with members of Main Street Bath, including David Matero, on how to make his pub “more compatible with other downtown businesses,” and Matero told the council that Tisdale “was very willing to do whatever he had to do to implement solutions to the complaints of neighboring businesses.”

During the June 13 meeting, Jayne Palmer, a former Bath business owner and founding member of Main Street Bath, and William King, a former Bath business owner and member of a Main Street Bath economic restructuring committee, spoke of smoke, “inappropriate language,” cigarette butts and noise emanating from the pub.

Councilors questioned the differing stories, and Councilor Steve Brackett asked if any codes or laws had been broken — to which White replied no, minutes reflect.

Councilor Meadow Merrill then said she and one of her children had “witnessed the loud music coming from the establishment while on a walk in the downtown,” according to draft minutes, and Councilor Bernie Wyman said that during a recent clean-up of Main Street, he noticed cigarette butts “up and down both sides of Front Street, and not just at this location.”

Councilors voted 1-4 against approving the liquor license, with Brackett, Merrill, Councilor Sean Paulhus and Andy Winglass opposed, Wyman in favor, and Councilors Mari Eosco, Ruthe Pagurko and Kyle Rogers absent.

Councilors voted 2-3 against approving the special amusement license, with Paulhus and Wyman in favor and Brackett, Merrill and Winglass opposed.

The pub’s existing licenses expire Wednesday. Barnicle said he plans to ask for a stay to allow the Black Barnacle to remain open “until we can get a decision,” and pointed out that his letter to Sinclair does suggest that “we may be willing to discuss” options other than an appeal or legal action.

Barnicle wrote that on behalf of Tisdale, he will “explore all … legal remedies,” and has filed an official Freedom of Access Act request to gain access to all correspondence and records city councilors created or received regarding the Black Barnacle, Tisdale and previous owners.

“It’s our position that they can’t add to (or amend) their decision because they don’t have a record,” Barnicle said. “This really boomerangs on the city because, although I’m sure the city clerk did her best, now all they have is what’s reflected in the meeting minutes, which is going to be the basis for their decision. We think what is shown in their minutes is … not a sufficient basis to take away his business.”

bbrogan@timesrecord.com