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Selectmen minutes December 15, 2003
The weekly meeting of the Board of Selectmen was held on Monday evening, December 15w, 2003 at 7:30 p.m.

Present: James M. Hardy, Chairman; David L. Walsh
George Samia, Interim Executive Secretary
Karen Grabau, Adm. Assistant

Not Present: Eric W. Greene, Clerk

Mr. Hardy noted that Mr. Greene would not be present this evening as he is out of state on business, but would be joining the Board for the Executive Session via conference phone later in the evening.

M/Walsh, s/ Hardy, a unanimous vote, move to approve the minutes of the December 1, 2003 meeting.

M/Walsh, s/Hardy, a unanimous vote, move to approve the request of Augusto Leitao of the Ideal Club for permission to extend the hours on their Club License for New Years' Eve until 2:00 a.m.

M/Walsh, s/Hardy, a unanimous vote, move to approve the request of Robert F. Reardon of the Commercial Club for permission to extend the hours on the Club License for New Years' Eve until 2:00 a.m.

M/Walsh, s/Hardy, a unanimous vote, move to approve not exercising the Town's option to purchase the land at 168 Ousamequin Pines Road, Map 3, Lots 3 & 27; Map 6, Lot 50.

M/Walsh, s/Hardy, a unanimous vote, move to approve the awarding of the following listed services to commence on January 1, 2004:

DESCRIPTION BIDDER'S NAME

Pavement Reclamation Garrity Asphalt Reclaiming, Bloomfield, CT

In-Place Bitumious Concrete Todesca Equipment Co., Inc. Readville, MA

Random Crack Sealing Crack Sealing, Raynham, MA

Hot Asphalt Stone Chip Seal All State Asphalt, Sunderland, MA

Cold Planing T.L. Edwards, Avon, MA

Sidewalk Construction and
Setting of Curbs and Edging Capone Bros., Randolph, MA

Asphalt Plant Inspectional Services ATC Associates, Inc. Avon, MA

Installation of Sub-Drains Capone Bros., Avon, MA

On-Call patching of Bituminous
Concrete Roads Felix A. Marino, Peabody, MA






Board of Selectmen -2- December 15, 2003

M/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Common Victualer licenses for the period of January 1, 2004 to December 31, 2004, contingent upon all town taxes being paid:

LICENSE #12
Skinners Sugar House Paul & Joann Daley, Managers
24 Union Street
Hours: Monday - closed (except 10 a.m. - 5 p.m. Christmas Season)
Tues - Sat (10 a.m. - 9 p.m. June - Oct) 10 a.m. - 7 p.m. Nov - May)
(10 a.m. - 9 p.m. Christmas Season)
Sunday - (12 noon - 9 p.m. June - Oct.) 12 noon - 7 p.m. Nov. - May)

LICENSE #13
Kilkelly, Inc. dba Casa Loma Pub & Club Joseph Cook, Mgr.
124 Robins Street
Hours: 8:00 a.m. - 1:00 a.m.

LICENSE #4
Deng's Garden Restaurant Benny Deng, manager
225 Bedford Street
Hours: Monday - Thursday 11:00 a.m. - 11:30 p.m.
Friday & Saturday 11:00 a.m. - 1:00 a.m.
Sunday 11:00 a.m. - 12:00 a.m.

LICENSE #15
JSJ Restaurant, Inc. dba Johnny D's Restaurant John F. DeSousa, Jr.
31 Central Street
Hours: Monday - Friday 5:30 a.m. to 1:00 p.m.


LICENSE #27
All American Sub & Salad Stephen Baggia, Mgr.
225 Bedford Street
Hours: 10 a.m. - 10 p.m.

LICENSE #22
Brendan's Pub James Brendan Barlow, Mgr.
579 West Street
Hours: Same as Liquor License

LICENSE #30
The Mockingbird Restaurant Kelly J. Cannizzaro, Mgr.
838 No. Bedford Street
Hours: Monday - Thursday 8:00 a.m. - 1:00 a.m.
Friday 8:00 a.m. - 1:00 a.m.
Saturday 8:00 a.m. - 1:00 a.m.
Sunday 12:00 p.m. - 1:00 a.m

LICENSE #32
Pub 106 Inc. Dana Colby, Mgr.
1300 Plymouth Street
Hours: 11:30 a.m. - 11:30 p.m.


Board of Selectmen -3- December 15, 2003

LICENSE #33
Satucket Pizzeria Craig & Lisa Thayer, Manager
650 Plymouth Street
Hours: Monday - Thursday 11 a.m. - 9 p.m.
Friday & Saturday 11 a.m. - 10 p.m.
Sunday 12 noon - 8 p.m.

M/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Common Victualer - All Alcoholic Licenses for the period of January 1, 2004 to December 31, 2004 contingent upon all town taxes being paid:

Kilkelly Inc., dba Casa Loma Pub & Club
Joseph Cooke, Manager
124 Robbins Street

James Brendon Barlow dba Brendon's Pub
James Brendon Barlow, Manager
579 West Street

Frank's Cafe and Coffee House, Inc. dba
The Mockingbird Restaurant
Kelly Cannizzaro, Mgr.
838 North Bedford Street

Pub 106, Inc.
Dana Colby, Manager
1300 Plymouth Street

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Common Victualer - Wine and Malt Licenses for the period of January 1, 2004 to December 31, 2004:

Deng's Garden Restaurant Corp.
Benny Deng, Manager
225 Bedford Street

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Automatic (coin-op) machines for the period of January 1, 2004 to December 2004, contingent upon all town taxes being paid:

Kilkelly Inc dba Casa Loma Pub & Club
Joseph Cooke, Manager
124 Robins Street
2 pool tables
1 Juke Box
7 Video

Pub 106 Inc.
Dana Colby, Manager
1 Juke box
2 Videos
1 golf machine



Board of Selectmen -4- December 15, 2003

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Package Store All Alcoholic Licenses for the period of January 1, 2004 to December 31, 2004:

Stop & Go Beer & Wine dba Town & Country Liquors
Stephen T. Sheridan, Manager
516 North Bedford Street

ABA Inc. dba East Bridgewater Wine & Spirits
Dianne E. Kennedy, Manager
225 Bedford Street

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Package Store - Wine & Malt Licenses for the period of January 1, 2004 to December 31, 2004:

Country Convenience Inc.
E. Alan Haynes, Manager
210 Pond Street

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Entertainment License for the period of January 1, 2004 to December 31, 2004:

Kilkelly Inc. dba Casa Loma Pub & Club
Joseph Cooke, Manager
124 Robins Street

Frank's Café & Coffee House Inc. dba Mockingbird Restaurant
Frank Cannizzaro, Manager
838 N. Bedford Street

m/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the following Class I License for the period of January 1, 2004 - December 31, 2004:

LICENSE #1
Camping USA, Inc.
815 Bedford Street
E. Bridgewater, MA 02333
Restrictions:
1. License is Limited to sale of Utility Trailers
2. Utility Trailers shall be limited to not more than six (6), not to be larger
than eight (8) feet, and shall be kept in the fenced in area
3. Overnight storage of recreational Vehicles to be limited to rear of property
4. Hours of Operation: Monday - Saturday 9 a.m. - 7 p.m.;
Sunday 10 a.m. - 5 p.m.



M/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the renewal of the following Class II Licenses:

LICENSE #1
Southbrook Auto Sales 500 Bedford Street
No Restrictions -
Hours - 9 a.m. to 9 p.m., Mon. Fri; 9 a.m. - 5 p.m. Sat.

Board of Selectmen -5- December 15, 2003

LICENSE #2
E.J. Morton & Sons 556 Bedford Street
Restrictions: Only 3 cars on display at one time
Wire Fence installed along rear of property
Hours: 8:00 a.m. to 5:00 p.m.

LICENSE #3
John Powers dba Powers Auto Service 707 Central Street
Restrictions: Not more than 4 cars displayed for sale at any time.
Storage of vehicles to be sold or repaired to be contained on licensed property
Hours: 7 a.m. - 7 p.m.

LICENSE #4
Bob Graham Auto Sales & Service, Inc. 20 No. Bedford Street
Restrictions: 1. Closing time shall be 9 p.m. for Licensed activities
2. The license shall apply to only 20 cars on display on the premises at one time,
but is authorized to conduct an unlimited Class II Used Car Dealers License.
3. Limit 5 cars to be parked on the northerly end of the property;
said cars to be backed in against the building.
Hours: 7 a.m. - 9 p.m. - Monday - Sunday

LICENSE #5
Armand J. Ortenzi dba Forge Motors 96 No. Bedford Street
Restriction: Display of cars to be 15' from roadway, as shown on plans submitted.
Hours: 9:00 a.m. - 9:00 p.m.

LICENSE #8
AV8TOR Motors, Inc. 290 No. Bedford Street
Restrictions: 1. 7 cars for display
2. Lighting to face away from street
3. Temporary office located as shown on Plot Plan
4. Tenant Parking, customer parking and display area as shown on Plot Plan.
Hours: 9am-7pm Monday - Saturday

LICENSE #9
Russell W. Alexander dba Alexander's Automotive 349 No. Bedford Street Rear
Restrictions: 1. Total of 13 cars unregistered at one time - 3 on display and 10 for repairs for resale 2. All unregistered cars to be behind fence
Hours: 7:30 am - 5:30 pm Monday -Saturday

LICENSE #10
Paul Wolfe Motor Sales 349 No. Bedford Street
Restrictions: 1. 20 cars along front of property and additional 31 cars all on Lot #3; on display for
Sale
50 cars on Lot #3 for repair
85 cars in back yard/Lot #2/Vehicle Storage Yard
No cars to be parked on Lot 1 area at any time
All as shown on plot plan submitted 12/5/94
2. Cars to be located 16" back from curbing
3. No more than 2 cars on display on grass area; this does not to include automobiles for
leasing.
Hours: 8 a.m. - 6 p.m.


LICENSE #11
Bobby D' Motors, Inc. 750 No. Bedford Street
Restrictions: 1. Limit of 92 cars for sale on the property
2. Towing & repairs limited to vehicles owned by Licensee, or recently transferred &
formerly owned by Licensee while under warranty obligation
3. Hours of operation: 9 a.m. - 9 p.m. - Mon - Fri ; 9 a.m. - 6 p.m. - Sat.
12 noon - 5 p.m. Sun
Board of Selectmen -6- December 15, 2003

LICENSE #12
Batti's Auto Body 26 No. Central Street
Restrictions: Only 10 cars on display at anytime
Hours: 8 a.m. - 5 p.m. Monday - Saturday

LICENSE #16
Oakdale Vintage Cars, Inc. 378 Pleasant Street
Restrictions: 1. 6 car maximum
2. Cars to be parked 10' from roadway
3. Hours: 9am-5pm

LICENSE #17
Stan Warkel's Auto Placement dba S.W.A.P. rear 378 Pleasant Street
Restrictions: 1. Premises as shown on diagram - 100'x 75' lot
2. 5 car limit for sale
3. Trailer to serve as office
4. Warranty obligations to be serviced off site
5. Hours: Monday - Saturday 12 noon - 5:00 p.m.

LICENSE #18
All Foreign Auto Sales & Service, Inc. 300 Thatcher Street
Restriction: 1. 36 cars maximum designated "for sale
2. Lighting to be maintained

3. Hours: 8 a.m. - 6 p.m. Mon - Sat

LICENSE #19
Richard Clayton dba R. C. Truck Sales 350 Thatcher Street
Restrictions: 1. No exterior repair work on parts stored
2. No vehicles stored within 20' of road as indicated on plan
3. Hours: 8 a.m. - 5 p.m. 6 days

LICENSE #21
Wesley Damon dba Damon's Service & Repair 374 Washington Street
Restrictions: 1. Insurance and towed vehicles to be stored behind fence
2. Maximum of 10 vehicles for repair
3. Maximum of 15 vehicles for sale; vehicles to be displayed at least 15' from
roadway
(all as shown on Plot Plan submitted 12/18/95)
Hours: 7 a.m. - 5 p.m.

LICENSE #22
Hank's Auto Sales, Inc. 290 Thatcher Street
Restrictions: 1. 31 vehicles for sale
2. Hours of operation: Monday - Saturday - 9 a.m. - 6 p.m.
Sunday - 12 noon - 6 p.m.

LICENSE #23
Jerome A. Cohen dba Route #106 Motors 569 West Street
Restrictions: 1. Number of cars being for sale - 40; 3 under repair
2. 6' fence to be erected on property line by 11/96
3. Vehicles to be parked 10' from lot line
4. No cars to be parked within 10' of building
Hours: 8:00 a.m. - 9:00 p.m. Mon - Sat; Sun. 1-4 p.m.






Board of Selectmen -7- December 15, 2003

M/Walsh, s/Hardy, a unanimous vote, move to approve the renewal of the renewal of the following Class III Licenses:

LICENSE #1
Edward P. Flint dba Flint & Son Used Auto Parts
557 No. Central Street
E. Bridgewater, MA 02333
Restrictions: 1. No junk cars to be stored in front of fence between
garage and roadway leading to the junk car storage area
2. Hours: 8 a.m. - 5 p.m. Mon - Sat.

LICENSE #2
John Ferri dba All Foreign Auto Salvage, Inc.
300 Thatcher Street
E. Bridgewater, MA 02333
Restrictions: 1. Hours: 8 a.m. - 6 p.m. Monday - Saturday
2. All dismantling of parts/cars to be done within a building or on a concrete slab with oil, gas and other fluids being put in barrels
3. Tires, etc. currently not on property, but behind the fence on Reddish property, to be cleaned up by May 15/86
4. A solid fence 8' in height on the front of the property and 100' back from street on both sides; entire property to be suitably fenced; all vehicles and parts to be stored within fenced area.

LICENSE #4
Donald A. Galante dba Regal Auto Parts, Inc.
358 Thatcher Street
E. Bridgewater, MA 02333
Restrictions: Hours: 8 a.m. - 5 p.m. Monday - Friday; 12 p.m. - 5 p.m. Sunday
Summers Hours: 8 a.m. - 8 p.m. Monday - Saturday;
12 p.m. - 5 p.m. - Sunday
Entire property will be completely fenced by 9/30/81

LICENSE #3
Richard F. Clayton dba Clayton Truck Sales
rear 348 Thatcher Street
E. Bridgewater, MA 02333
Restrictions: Hours: 8 a.m. - 5 p.m. Mon - Sat
6' of solid fence of his choice 20' from Briggs property at the east end of the property 20' from the rear of the property on the Nesseralla line
(as per plan of 8-21-82)

Open Forum
Mr. Hardy opened Open Forum, and as no one was present Open Forum was closed.

Mr. Hardy announced that Terry Aicardi had submitted a report on the Town's website. Noted some of the information within the report.

Mr. Hardy noted that Town Accountant George Samia had informed the Board by letter this evening, that the Snow and Ice Removal Account was now over-expended; overage at this time is $45,230.08.

M/Walsh, s/Hardy, a unanimous vote, move to approve the over-expenditure of the Snow and Ice Removal Account as provided under the provisions of M.G.L. Chapter 44, Section 31D.



Board of Selectmen -8- December 15, 2003

Mr. Hardy announced that the Board has been notified by Mary Jane Kingsland of her intention to retire as Director of Elder Affairs as of February 20, 2004. Acknowledged that Mrs. Kingsland has given many years of service and thank her for her service to the Town. Stated that the Board was offering their assistance to the Council on Aging.

Mr. Hardy noted that the Conservation Commission has notified the Board that they will be appointing four residents to the Open Space Committee. Also noted that they have three additional vacancies on this committee.

Board Discussion
It was noted that the Board has received several letters of interest for appointment to the Town Administrator Search Committee; Mr. Walsh will be the Board's representative on the Committee and Teresa McNulty will be the Government Review Study Committee's representative. Also to be appointed are one Department Head and 2 Citizens at Large. Board requested that the appointment of the Committee be placed on next weeks agenda for action.

Reminders:
Town Hall Holiday hours:

Christmas week - Open Monday, December 22 from 8:30 a.m. - 8:00 p.m., Tuesday, December 23, 8:30 a.m. - 4:30 p.m. and Wednesday, December 24, 8:30 a.m. - noon; closed December 24 afternoon, December 25 and
December 26.

New years' week - Open Monday, December 29 8:30 a.m. - 8:00 p.m., Tuesday, December 30, 8:30 a.m. - 4:30 p.m.; Wednesday, December 31, 8:30 a.m. - noon, closed afternoon; closed Thursday January 1, open Friday, January 2, 8:30 a.m. - noon, closed afternoon.

Executive Secretary Report

Franklin Street Project - Hanson liaison for the project will be the Hanson Highway Surveyor
John Haines has contacted State DPW regarding intersection work at 106/18

Mr. Walsh expressed his appreciation to the Highway Department for their efforts in snow removal during snowstorms.

Two residents of Captain's Way were present. When told that the Open forum had already been called, they asked to leave two letters relative to their ongoing concerns regarding FI Raceway. Requested that no alcoholic license be renewed at the facility. Mr. Hardy explained that he did not think the license could be withheld; it was also noted that their license was a seasonal and would not come up for renewal until the spring.

Mr. Hardy announced that relative to the Officer John Silva III Disciplinary hearing scheduled for this evening, an Independent Hearings Officer, James Lampke, has been retained; he has received a request for continuance of hearing from Off. Silva and Atty. Lampke has approved a continuance until January 5, 2004.

Mr. Hardy announced that the Board would be going into Executive Session but hoped to return to Open Session by 8:30 p.m.



Board of Selectmen -9- December 15, 2003

M/Hardy, s/Walsh, move to recess Open Session and go into Executive Session for the purpose of pending litigation, deployment of security personnel and investigation of misconduct and will return to Open Session; Eric w. Greene, Clerk will be joining in the Executive Session via conference phone call.

VOTE: Yes - Walsh, Hardy; a unanimous vote in favor.

Open Session recessed at 8:05 p.m.

Open Session reconvened at 8:40 p.m.

Mr. Hardy announced that the Board had hoped to make a statement at this time, but as there was still a lot of discussion to be held, no statement would be made this evening. The board will be going back into Executive Session and will not be returning to Open Session.

M/Hardy, s/Walsh, move to close Open Session and reconvene Executive Session for the purpose of discussing pending litigation, deployment of security personnel and investigation of misconduct and will not be returning to Open Session.

VOTE: Yes - Hardy, Walsh; a unanimous vote in favor.

Open Session adjourned at 8:45 p.m.





________________________________Clerk
Board of Selectmen