March 1, 2010
The regular meeting of the Board of Selectmen was called to order at 7 PM by Chairwoman Davies with all members in attendance.
Chief Financial Officer
- Audit Presentation
- Bond Signing
Mrs. Mathieu appeared before the Board with Robert Brown the Town’s Auditor. Mr. Brown stated that he had completed the annual audit of the Town’s finances and no significant findings were noted. Mr. Brown commended Mrs. Mathieu, as well as the town’s financial staff, for implementing sound management controls. Mr. Brown did note that the Town’s available funds have been reduced once again this year due to cuts in state aid. He did however commend the Board for staying ahead of the budget and not overspending to create a deficit. Board members thanked Mr. Brown for his update.
Mrs. Mathieu informed the Board that due to the low interest rates, two outstanding bond issues will be refinanced – March 15, 2001 Issue – School Bond and March 15, 2001 Issue – Senior Center, currently at 4.70%. Low bidder for the refinancing is at 2.53% with the approximate net total savings to the Town over the next 11 years being $779,947.65.
On a Mayhew/Chaves motion, the Board unanimously voted to award the bonds to Morgan Keegan & Co., Inc. as low bidder at a rate of 2.53% and more particularly described in the motion attached to these minutes.
On a Mayhew/Chaves motion, the Board voted to accept the minutes of February 22nd. Mr. Connor abstained; all other members voted in the affirmative.
Hilltop Farms Hearing
Attorney Howard Croll represented Steve Gurwitz, Manager of Hilltop Farms. Police Chief Daigle stated this was Hilltop’s fourth offense, with the last one being in 2003. Attorney Croll stated Mr. Gurwitz is very sorry this incident happened and was very disappointed to learn which employee was involved. She is a 45 year old woman who has 10 years experience working for another liquor store.
Minutes of March 1, 2010
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Mr. Gurwitz stated the employee was fired immediately after he was notified by the police of the sale. Mr. Gurwitz also noted he purchased an IDentiscan after he read about the outcome of the other liquor store hearings.
Attorney Croll stated it’s been 7 years since their last offense and asked the Board to consider their clean record when deciding the punishment. Mrs. Davies stated it does not matter when their last violation was – having a license to sell alcohol is a privilege and should be taken seriously.
Mr. Gurwitz stated he had faith in this employee and feels that some type of punishment should be imposed on the person who makes the sale. He feels if an employee knows they will have to pay a fine for the sale of alcohol to a minor, then they would be more careful.
Mr. Goodnow stated that although he sympathizes with Mr. Gurwitz, this is an argument that needs to be made at the State House.
Mrs. Chaves suggested that Mr. Gurwitz and his employee attend a TIPS program noting it would be a very useful tool.
Public Hearing – application of Luxury Autos of New England, LLC for a Class II Used Car Dealers License, 40B William Way
Mrs. Davies read the public hearing notice.
On a Mayhew/Goodnow motion, the Board unanimously voted to continue this hearing at the conclusion of the Hilltop Farms hearing.
Mr. Connor made a motion, seconded by Mr. Mayhew for discussion, to suspend Hilltop Farms’ Beer & Wine License for 10 days, with possible reduction to 8 days subject to the Board receiving register receipts and the IDentiscan printout.
Under discussion, Mr. Mayhew recommended the license suspension for 8 days, with possible reduction to 6.
Mrs. Chaves agreed with the 8 days, possible reduction to 6 and that Mr. Gurwitz contract with a company that performs underage alcohol stings.
Mr. Connor amended his motion, seconded by Mr. Mayhew to suspend Hilltop Farms’ Beer & Wine License for 8 days, with possible reduction to 6 days subject to the Board receiving register receipts and the IDentiscan printout; and that Mr. Gurwitz contract with a company that performs underage alcohol stings to be conducted four times a year for two years.
The Board requested this information be delivered to the Selectmen’s Office on the morning of March 15th. After reviewing the material, the Board will make their decision on the amount of days and dates involved and will notify Mr. Gurwitz in writing.
Minutes of March 1, 2010
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Luxury Autos of New England, LLC (continued)
Antony Walker, President of Luxury Autos and Nancy Dias, Business Manager appeared before the Board. They stated they would like to apply for a Used Car
Dealers License and operate the business from 40B William Way which is a 3400 sq. ft. warehouse. They informed the Board that a maximum of 17 higher end vehicles will be stored there until they are sold. They will not store any vehicles outside and there will not be any foot traffic since the transactions will be done on-line. The vehicles will be detailed on the property, no repairs performed.
Mrs. Davies asked Mr. Walker and Ms. Dias how many years experience they have in the used car business. They stated this is a new venture for both of them. They were both involved in other businesses and Ms. Dias stated Mr. Walker approached her with this business opportunity and felt it was a good idea.
Mrs. Davies asked if there was anyone present in favor or in opposition to this application.
Mr. Dunlea asked about the delivery hours for the vehicles. Both Ms. Dias and Mr. Walker stated there will be no overnight deliveries.
On a Mayhew/Chaves motion, the Board unanimously voted to close the public hearing.
On a Mayhew/Chaves motion, the Board unanimously voted to approve the Class II Used Car Dealers application for Luxury Autos of New England, LLC with a maximum of 17 vehicles, deliveries to be made between 7 a.m. and 9 p.m.
Attorney Paulousky – Cumberland Farms RE: request for extension of special permit
Attorney Paulousky came before the Board to request a Special Permit Extension to Operate a Self-Service Gas Station at 340 South Main Street. He stated Cumberland Farms is requesting an additional 12 month extension. He noted the current permit is set to expire on April 2, 2010. Attorney Paulousky informed the Board that Cumberland Farms was recently granted 12 month extensions by the Conservation Commission and the Planning Board.
Attorney Paulousky stated there is a potential buyer interested in the property, but there isn’t a formal purchase and sales agreement in place at this time.
Mr. Connor stated a 12-month extension is far too long and would only approve 6 months. Mrs. Davies agreed with Mr. Connor.
On a Mayhew/Goodnow motion, the Board voted to extend the Cumberland Farms Special Permit until April 2, 2011 with the stipulation that should changes be made to the footprint of the property, the applicant will need to reapply with the different Boards. Mr. Connor and Mrs. Davies opposed; other Board members voted in the affirmative.
Minutes of March 1, 2010
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Applicants – ZBA Alternate Position
Jim Dunlea feels he would be a good candidate for the following reasons:
-commitment to the community
-commitment to betterment of town
-has done fundraising for playgrounds
-has had dialogue with the Historical Commission
-construction background
-no conflict with businesses coming to town
Mrs. Chaves stated there are some tough decisions that need to be made by the ZBA and asked if he could put aside emotional feelings to follow the letter of the law.
Mr. Dunlea stated he would not have an issue with following the letter of the law.
Donna Johnson stated she has owned property in town for 20 years. She has lived in town for 17 years and has had her insurance company in town for as many years. She is now semi-retired and has the time to devote to a town board. She had been on the Norfolk Zoning Board for several years in the 1980’s and feels this gives her some zoning experience. She stated this town has been very good to her and she would like to give back.
In answer to Mrs. Chaves question, she does not feel it will be a problem for her to make tough decisions.
Richard Singleton stated he has lived in town for 2 years. He was a former Rhode Island State Representative and is currently a financial advisor. He feels he would be good for this position because he has experience in reading and interpreting laws. He can see both sides of an issue from a businessperson’s perspective and as a resident. Mr. Singleton stated he is also familiar with reading plans.
In response to Mrs. Chaves question, he stated he does have compassion for people, but he must respect the law first. However, he did state if there is some leeway in interpreting the law, he will vote on the resident’s side.
The Board members thanked the applicants for coming in and asked the ZBA for a letter with their recommendations – with reasons as to why they chose or did not choose an applicant.
On a Connor/Mayhew motion, the Board unanimously voted to approve residential water abatements in the amount of $980.61, residential sewer in the amount of $298.68 and residential trash in the amount of $1226.50.
On a Mayhew/Goodnow motion, the Board unanimously voted to approve the Common Victualler License renewal for Rosewood Restaurant.
Minutes of March 1, 2010
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On a Mayhew/Goodnow motion, the Board unanimously voted to adjourn the meeting at 9:25 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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