February 1, 2010
The regular meeting of the Board of Selectmen was called to order by Chairwoman Davies at 7:00 PM with all members in attendance.
On a Mayhew/Connor motion, the Board unanimously voted to accept the January 19th minutes as submitted.
Community Development Grant Submittal
On a Mayhew/Goodnow motion, the Board unanimously voted to approve the 2010 Community Development Strategy as amended.
On a Mayhew/Chaves motion, the Board unanimously voted to submit a MCDBG 2010 grant application in the amount of $800,515 for two activities in the South Bellingham Target Area – a Housing Rehabilitation Program and the Wrentham Manor Roof Project.
On a Chaves/Mayhew motion, the Board unanimously voted to appoint Denis Fraine as the Environmental Certifying Officer.
Public Hearing (continued) – application of Griffin Powers d/b/a E & G Auto Sales for a Class II License, 161 Mechanic St.
Attorney Ambler represented Mr. Powers and stated that on December 21st, the Board voted to deny E & G’s Class II License renewal. Attorney Ambler stated this action was taken without Mr. Griffin being present and felt the Board did not have all the information for making this decision.
Board members felt they had enough information to base their decision for not to renewing the license. Board members again cited the fact that Mr. Powers violated his 37 vehicle limit on numerous occasions, customer complaints and the fact that Mr. Powers did not exercise sole control over the licensed business.
Attorney Ambler expressed his concern that the Board was relying on statements made by the woman from Rhode Island and that situation has been resolved. Mrs. Chaves stated she did speak with this woman recently and she did not feel the situation was resolved.
Minutes of February 1, 2010
Page 2
Both Mrs. Chaves and Mrs. Davies stated they had spoken with individuals who had problems with vehicles purchased at E & G Auto and learned that the problems had not been rectified as stated at the November hearing.
Attorney Ambler stated that basing the renewal denial in part on the vehicle limit violation was too harsh a punishment. He noted Mr. Powers was cited for this matter by the Police Dept. Attorney Ambler also stated that Mr. Powers was truthful about not having a business partner and about his employees. Board members still felt that Mr. Powers wasn’t truthful, however, Mr. Mayhew stated he was baffled about the Board’s concern over Mr. Powers’ employees.
Attorney Ambler stated the Board would also be hurting other individuals by not approving this license. He stated the individuals who own the property will be losing rent and the individuals repairing the vehicles will lose business. He asked the Board to reconsider their denial vote, or at the very least, grant Mr. Powers a six-month license. This will allow him to sell his inventory of vehicles.
William Young spoke in favor of Mr. Powers. He stated he purchased a truck last year and is satisfied.
Shannon Welby also stated she purchased a vehicle from Mr. Powers and has not had a problem.
Fred DaPrato stated Mr. Powers has always gone above & beyond to help people.
Ron & Art Paturzo, owners of the 161 Mechanic Street property requested the Board approve Mr. Powers’ Class II License stating it would be a financial hardship for them not to receive rent from this business.
Casey Audette stated he purchased a vehicle from Mr. Powers in Dec., 2009 and it wasn’t running properly. Mr. Powers took it back to be repaired and the car still hasn’t been returned nor the money paid for the car. Mr. Audette has left many messages for Mr. Powers, but he does not return his calls.
Diane Cameron stated she purchased a vehicle from Mr. Powers in Dec., 2009. The vehicle was not operating properly and Mr. Powers took it to his mechanic to be repaired. The vehicle was returned to Ms. Cameron and she stated it still was not repaired. She has tried to contact Mr. Powers, but he doesn’t return calls.
Mr. Lemire spoke on behalf of his sister stating she has had nothing but problems with a vehicle she purchased from Mr. Powers.
Mr. Delsignore stated Mr. Powers is still in business consigning vehicles to other locations.
Mr. Powers stated he has a couple of other used car businesses and has an inventory of approximately 200 vehicles.
Minutes of February 1, 2010
Page 3
Mrs. Davies read a letter from Michael Black, who could not attend this evening’s meeting, which stated he purchased a vehicle from Mr. Powers. The vehicle did not pass inspection. He immediately called Mr. Powers who informed him that he was not responsible due to the mileage on the vehicle. Mr. Powers stated he spoke with Mr. Black and took care of this matter today.
On a Mayhew/Goodnow motion, the Board unanimously voted to close the public hearing.
Mr. Mayhew made a motion to reinstate Mr. Powers’ Class II License, not to exceed 37 vehicles, with the stipulation that he gives the Board a status report every 90 days on complaints received and how they are rectified. Mrs. Chaves seconded the motion for discussion.
Under discussion, Mrs. Chaves stated that after listening to the complaints brought forth this evening and the information she received from the telephone calls she made, she doesn’t feel comfortable supporting this business. Mr. Goodnow, Mr. Connor and Mrs. Davies agreed.
A vote was taken on Mr. Mayhew’s motion, with Mr. Mayhew voting in the affirmative. All other members opposed. Mr. Powers’ application for a Class II License was denied.
The following three package stores were brought in this evening for failing a compliance check performed by the Bellingham Police Department on December 15, 2009.
Lukoil Mini-Mart Hearing
Bhavesh and Victor Patel appeared before the Board. Bhavesh Patel stated the clerk working that evening made a mistake. The employee carded an individual who ended up being underage. After that, another customer came in who looked older and was not carded. This customer was also underage.
The Board asked how old that employee is and Mr. Patel answered 28.
Mr. Connor asked if the employee had been fired and Mr. Patel said no. He was asked if the employee is a relative and he stated yes.
Mr. Goodnow informed the Patel’s that having a liquor license is a very serious obligation, noting the store is the first line of defense.
Other Board members agreed that having a liquor license is a huge responsibility not to be taken lightly. Mr. Connor stated we need to send the message that kids can’t buy alcohol in Bellingham.
This being Lukoil Mini-Mart’s first offense, the Board felt a one-day suspension would be warranted. Mr. Connor stated that this establishment and White Hen (also a first offense) should be closed on the same day giving business to the other stores in Town that passed the compliance check.
Minutes of February 1, 2010
Page 4
On a Connor/Chaves motion, the Board unanimously voted a one-day suspension for Lukoil Mini-Mart on February 27th and this establishment must have an IDentiScan in place by March 1st or proof of purchase by that date.
White Hen Pantry
Mr. Charles Polechronis appeared before the Board. He stated that he is very sorry this incident took place. He takes his obligation very seriously. He stated the clerk that was on that evening felt awful that it happened. He had not been hired too long ago.
Mr. Polechronis informed the Board that he has already purchased an IDentiScan for his store and that all his employees will be certified in the TIPS program.
On a Goodnow/Mayhew motion, the Board unanimously voted a one-day suspension for White Hen Pantry on Febaruary 27th.
Bellingham Grocery Store
Mr. Parimal Patel appeared before the Board. He apologized to the Board for failing the compliance check. Mr. Patel stated he and his wife take their business seriously. He and his wife are both TIPS certified, however, his employees are not. He noted the employee on that evening had not been working at his store for very long. Mr. Patel informed the Board that he has purchased a register for his establishment that will not open until a valid birth date is entered. He noted the register still needs to be programmed and installed.
The Board stated this is the store’s third violation and warrants a harsh punishment.
On a Connor/Chaves motion, the Board unanimously voted a six-day suspension from Feb. 22nd through February 27th and that Mr. Patel provide proof of purchase for the register, information on this machine and confirm its activation.
On a Connor/Mayhew motion, the Board unanimously voted to approve the following abatements: residential water in the amount of $400; municipal water in the amount of $3,684.19 and municipal sewer in the amount of $72.60.
On a Chaves/Mayhew motion, the Board unanimously voted to reappoint the following individuals to the Cultural Council: Mary Healy, Eileen Jundzil, Sheila Ronkin, Gil Trudeau, Linda Trudeau, Lauren Ward and Jeremy Ronkin.
On a Mayhew/Chaves motion, the Board unanimously voted to approve a Common Victualler License for Bellingham Youth Baseball, Harpin St. field, April – October, 2010 with fees waived.
Mr. Fraine requested an executive session to consider the purchase of land. Members of the Board were polled with all voting in the affirmative.
Minutes of February 1, 2010
Page 5
On a Mayhew/Goodnow motion, the Board unanimously voted to adjourn the meeting at 9:50 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
| 
