The weekly meeting of the Board of Selectmen was held on Monday evening, November 24, 2003 at 7:35 p.m.
Present: James M. Hardy, Chairman; Eric W. Greene, Clerk ; David L. Walsh
George Samia, Interim Executive Secretary
Karen Grabau, Adm. Assistant
Robert Kerwin, Town Counsel
Mr. Hardy stated that the Board of Selectmen's intent is to move through their agenda and at the end of the meeting and prior to going into Executive Session a statement relative to the recent incident involving a Police Officer will be made.
Appointment
Board met with Fire Chief Ryon Pratt relative to his request to abate the FY2001 ambulance balance of $29,189.90.
Chief Pratt explained that the amount represents 8% of the allowable billing for FY01 and that this amount is the final total after payments and collections have been done. Explained the various amounts on his report to the Board. Noted that once the Board approves the abatement, the books for FY01 can be closed.
Discussion was held on the various collectibles. Mr. Greene questioned whether the department can put into practice a new way to work on the MVA uncollectibles. It was noted that in many cases there is a trial process and this may take several years. Mr. Greene suggested that the Chief discuss with the auditors whether this amount could be carried over for additional years, so that collection could take place once court case has been finished.
Chief Pratt stated that he would discuss this with the auditors.
M/Greene, s/Walsh, a unanimous vote, move to authorize the Fire Chief to abate the FY2001 Ambulance Account balance of $29,189.90 and to put a new process for MVA collectibles into practice if acceptable with the auditors.
Public Hearing
Mr. Hardy called the Public Hearing to order at 7:45 p.m.
Mr. Greene read the Hearing notice:
A Public Hearing will be held at the Town Hall, Main conference Room , First Floor, 175
Central Street, East Bridgewater on Monday evening, November 24, 2003 at 7:45 p.n. regarding the joint petition of Verizon New England Inc. and Massachusetts Electric Company for location of a stub pole on Central Street (P#102S) to compensate for a removed guy which supports line going down Stevens Court.
Paul Brewer, Massachusetts Electric representative explained that the guy wire was originally into a tree on the Central Street property; property owner cut down the tree and the stub pole will support the guy wire.
Mr. Greene expressed concerns with where the pole would be placed, noting that the sidewalk runs on the same side of the street. Requested that the pole be on the inside of the sidewalk as opposed to the curbside, if area is within the street layout.
Mr. Hardy closed the Public Hearing.
M/Greene, s/Walsh, a unanimous vote, move to approve the joint pole location of a stub pole (P#102S) across from Stevens Court to support service going down Stevens Court.
Board of Selectmen -2- November 24, 2003
M/Greene, s/Walsh, a unanimous vote, move to approve the minutes of the November 17, 2003 meeting.
M/Greene, s/Walsh, a unanimous vote, move to approve the recommendation of the Finance Committee and appoint Eric Glaas as a member of the Finance Committee for 3 years from November 24, 2003 to June 30, 2006.
M/Greene, s/Walsh, a unanimous vote, move to renew the License to sell Second Hand Articles for Marie A. Davis dba Antiques at Forge Pond, 37 North Bedford Street for the period of April, 2003 to April 2004.
Mr. Hardy announced that the Board has been notified that the Massachusetts Housing Partnership has awarded a $10,000 grant to the ZBA for professional assistance under Chapter 40B Technical Assistance Program for consulting services in review of project known as Cavendish Place. Requested Board approval to sign acceptance form for grant.
M/Greene, s/Walsh, a unanimous vote, move to approve Chairman James Hardy signing the grant from the Massachusetts Housing Partnership.
Public Hearing
Mr. Hardy called the Public Hearing to order at 8:00 p.m.
Present: Applicants - Edward Murphy, proposed manager
Pamela Murphy
Mr. Greene read the legal notice:
Notice is hereby given that pursuant to the requirements of M.G.L. Chap. 138, a Public Hearing will be held relative to the Application for a Common Victualer - All Alcoholic License, as follows:
Carmen's Inc. dba Carmen's Mexican and American Restaurant
Edward J. Murphy, Manager
Premises: 34 No. Bedford Street
Premises consists of one story brick and cement building with two main entrances and one take-out entrance; kitchen with two entrances, dining areas, bar, office and storage area.
A Public Hearing will be held at the Town Hall, First Floor Conference Room, 175 Central Street, East Bridgewater on Monday, November 24, 2003, at 8:00 p.m.
Mr. Murphy explained that he has completed purchase of the property; has outgrown his present location in Abington; will be renovating the inside, clean-up of outside areas; may change façade to a more Mexican rather than Greek look; no structural changes planned; placing monitors for the parking lot and the entrance.
Robert White, 26 Bedford Street, an abutter to the property, stated that he had several concerns. Questioned changing façade, felt it should be in keeping with the town's village look; was an Entertainment License planned for the restaurant; hours of operation, felt they should be limited; shared retaining wall, need for upkeep, trash problems in past with beer bottles, paper products, etc., felt dangerous driveway entrance, can it be widened; lighting pollution, how will parking lots lights be positioned.
Board of Selectmen -3- November 24, 2003
Mr. And Mrs. Murphy answered all questions:
No entertainment license planned
Hours of operation 12 noon - 12 a.m.; take-out 4:30 p.m. - 7:30 p.m.
Take-out in front being removed; take-out will be at hostess station inside building
Cameras will monitor parking lot and entrance to building
Bumpers to be placed in front of retaining wall; plan for handicapped parking only along
wall.
Driveway can't be widened due to historic wall and need for approval of MA Highway
Parking lot lights will be positioned with a shield to keep them from shining on adjacent
property
All employees in Abington will remain with restaurant; all employees are TIP trained; new
employees are required to be TIP trained within 60 days; all employees are being
TIP recertified on December 5.
Val Usowicz, beauty parlor owner/operator and an abutter, welcomed the Murphy's to town and stated that she was pleased to hear that the take-out was being moved, as in the past the location of take-out had caused problems with parking in her lot.
Mr. Murphy noted that at this time, minimal landscaping would be done; in spring all major changes will be made. Anticipate a March opening; need to install new septic system, working with contractor and hope to have in place before ground freezes.
Maureen Lane, Maple Avenue, an abutter, stated her main concern has been noise; dumpster was picked up at 3 a.m.; also patrons leaving late in evening. Mr. Murphy stated that he will not allow an early morning pick-up for the dumpster and will be monitoring the parking lot to alleviate any potential problems with patrons.
Board noted that there is a last call policy instituted by the Board of Selectmen several years ago. A copy of the policy will be made available to Mr. Murphy.
It was noted that two all alcoholic licenses are available; Mr. Murphy application is for the first license returned to the town from The Joppa Grille.
Mr. Hardy closed the Public Hearing at 8:30 p.m.
M/Greene, s/Walsh, a unanimous vote, move to approve the Common Victualer All Alcoholic License for Carmen's Inc. dba Carmen's Mexican and American Restaurant, 34 Bedford Street.
Mr. Murphy stated that any abutter with concerns should contact him immediately so that he can work with them to rectify any concerns or problems.
Public Hearing
Mr. Hardy opened the Public Hearing at 8:35 p.m. Noted that the hearing was being held relative to a request for change of hours to an 11 a.m. opening on Sundays for Cameron's Inn on the Green, 436 Oak Street.
William Russell, Manager, was present. Explained that he has a new executive chef and gave chef's credentials; explained that they will be starting a Sunday Brunch Buffet on December 7 and that they would like to offer mostly mimosas and bloody mary's. Noted that he had checked with Mrs. Grabau and the General Laws only allow 11 a.m. opening with Licensing Authority approval.
Mr. Hardy closed Public Hearing at 8:50 p.m.
Board of Selectmen -4- November 24, 2003
M/Greene, s/Walsh, a unanimous vote, move to approve the extension of hours for Cameron's Inn on the Green, 436 Oak Street for Sunday opening at 11:00 a.m.
Board Discussion
Mr. Hardy stated that he would make a short statement regarding the incidents relating to Police Officer John L. Silva III.
Mr. Hardy read a letter delivered to the Board today from Chief Silva:
Dear Selectmen:
I am hereby advising the Board of Selectmen, as Chief of Police, that my son, John L.
Silva III, is employed as a permanent full-time officer for the East Bridgewater Police Department. This disclosure is being made under MA General Laws, Chapter 268A, Section 19 (B) (1).
I feel that under section 19 (A) and (B), there is a "financial interest" and would be improper to be involved in any hearing involving John L. Silva III.
Sincerely,
John L. Silva
Chief of Police
Mr. Hardy noted that town meeting had approved the Chief of Police to be the authority for all hiring/firing matters relative to the Police Department. The letter indicated that the Chief is removing himself from all actions relative to his son. Felt that MGL Ch. 31, S 41 rests responsibility with the Board of Selectmen as Appointing Authority.
Mr. Hardy stated that the Board of Selectmen are aware of the situation and are monitoring it. The Boar's intention is to do whatever is needed in the best interest of the Town. Noted that the Board will be going into Executive Session to discuss issues relative to this matter, pending litigation, investigation of misconduct and deployment of security personal. Also noted that the Board has not made and decisions relative to how or who will conduct any investigations into this matter. At this time, the Board has not received any Police Reports from Halifax. Explained due process for any officer of the department, includes 3 days notice of any hearing, right for counsel to be present, etc.
Mr. Greene noted that in past actions, the Board has waited for the case to go through the courts and reach an outcome; felt that the Board needs to wait for case to clear criminal court; Chief has taken needed precautions.
Mr. Hardy noted that Officer Silva is on medical leave at this time with a doctor's note.
Board Discussions
Quarterly Tax Billing - Mr. Hardy noted that he had given members a packet regarding quarterly
tax billing. Board will discuss this next week. Requested that Town Treasurer, Accountant and Director of Assessing be present for discussion.
Budget Policy - Mr. Hardy noted that the Board has been given a copy of new policy relative to the budget process. Board went over the policy and made one change. Mr. Hardy suggested that the Board adopt the police and that it be placed in their Police Books.
A discussion was held on the budget process for this year.
Board of Selectmen -5- November 24, 2003
M/Greene, s/Walsh, a unanimous vote, move to approve the Annual Budget Development Police, as amended to include the Impact Statement submission.
Mr. Hardy stated that he will rewrite the draft to include the amendment and will e-mail revised policy to office.
Town Administrator Search Committee: Board will accept letters of interest until December 15. Plan to appoint Committee at December 22 meeting. It was noted that Mr. Walsh will represent the Selectmen and Theresa McNulty will represent the Government Review Study Committee on the Search Committee.
Reminders:
Thanksgiving Holiday - Town Hall will close at noon on November 26 and remain closed
on Thursday and Friday.
December 8 meeting canceled
Executive Secretary Report
Franklin Street Project - has spoken to Hanson regarding the easements.
Open Forum
No one was present
Correspondence
Letter from Brian Joyce regarding need for sidewalks from Route 106 to Route 18 Elmwood area.
M/Hardy, s/Walsh, move to close Open Session and go into Executive Session for the purpose of pending litigation, investigation of misconduct and deployment of security personal and will not be returning to Open Session.
VOTE - Yes - Greene, Walsh, Hardy; a unanimous vote.
Meeting adjourned at 9:15 p.m.
_____________________________Clerk
Board of Selectmen
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