The weekly meeting of the Board of Selectmen was held on Tuesday evening, September 2, 2003 at 7:35 p.m.
Present: Eric W. Greene, Clerk; David L. Walsh
George Samia, Interim Executive Secretary
Karen Grabau, Adm. Assistant
Atty. John Stuebing, Town Counsel
Not Present: James M. Hardy, Chairman
M/Walsh, s/Greene, a unanimous vote, move to reorganize for the evening and appoint Eric W. Greene Chairman pro-tem and David Walsh Clerk pro-tem.
Appointment
John Fabroski met with the Board and updated them on the ongoing efforts relative to restoration of the Carver Cotton dam. Mr. Fabroski went over various meetings held and information garnered during those meetings.
Mr. Fabroski requested that the Board to draft a letter to the Army Corps. of Engineers requesting a feasibility study.
M/Walsh, s/Greene, a unanimous vote, move to send a letter to the Army Corps. Of Engineers requesting a preliminary study of the Carver Cotton dam.
Mr. Greene stated that he would try to contact Mr. Heavey to get his assistance.
Public Hearing
A Public Hearing was called to order relative to a liquor law violation.
Mr. Walsh read the following notice, which was sent to licensee:
The Board of Selectmen will hold a Public Hearing relative to an alleged violation, which occurred at your premises on July 18, 2003 on Tuesday evening, September 2 at 7:45 p.m. in the Main Conference Room, Town Hall, 175 Central Street.
The Public Hearing is to hear reports and testimony on a violation of Chapter 138, Section 34 - Sale of Alcoholic Beverages to a Minor. This hearing is being held based on the recommendation of our Chief of Police in a letter dated July 29, 2003.
The Board of Selectmen is acting upon authority vested in Massachusetts General Laws
Chapter 138. A copy of section 34 is enclosed for your information.
You have the right to attend and to have counsel present with you.
Present for the Hearing were:
Sgt. Steven Brown, EBPD
Ms. Patricia Reynolds, Manager, Cumberland Farms, 1055 Washington Street
Mr. Paul Ford, Area Sales Manager, Cumberland Farms
Mr. Richard Boyle, Regional Sales Manager, Cumberland Farms
Sgt. Brown read the Formal Report of Officer Michael Jenkins relative to the violation, which occurred on July 19, 2003. Also, attached to the report was the written statement of William Severino and copy of his license. Board members were given a copy of all data.
Board of Selectmen -2- September 2, 2003
A discussion was held with representatives of Cumberland Farms relative to this violation and the previous two violations in 1997 and 2001.
Mr. Greene recommended that all employees of Cumberland Farms receive TIP training and that the Selectmen's office receive confirmation of the completion of training. Stated that he was very concerned that a third offense of sales to minors has occurred at this licensed premises. Stated that in his opinion any further offense could result in a revocation of license hearing.
Mrs. Reynolds and Mr. Boyle explained the procedures in place at the store relative to identification of all persons purchasing alcoholic beverages. Anyone who appears to be 30 or older is asked for their birth date, which is keyed into the register; anyone appearing to be under 30 is requested to show identification and their birth date is keyed into the register. Noted that a birth date must be keyed into computer to complete transaction.
Mr. Boyle explained that they have the ability to scan transactions and see if employees are following guidelines. Also, keep a 30 day video of store and can observe employees and how they handle transactions.
Mr. Walsh stated that he is concerned with this violation as it is the stores third offense and there were additional juveniles in the parking lot with the individual who purchased. Felt that videos need to be more strictly reviewed.
Mr. Boyle stated that they can put a regimented review of store videos into place.
Further discussion was held relative to ways Cumberland Farms can train employees to insure that no further violations occur.
Sgt. Brown informed the Board that he has discuss this violation with the Chief of Police and in the Chief's opinion, since this is a third violation in 5 years, that a 3-5 day suspension of the license, inclusive of a Friday, be imposed on the licensee.
Mr. Greene stated that he would like to see a Friday and Saturday included in the suspension.
Mr. Walsh stated that he would like to set the suspension for the Thanksgiving weekend. Mr. Greene suggested that the suspension should occur earlier that November. Mr. Walsh then suggested the weekend, which included Halloween.
Mr. Boyle stated that management will endeavor to drive home to their employees their responsibilities and need for caution in checking ids, etc.
Mr. Greene suggested that all employees be TIP certified prior to October 28.
M/Walsh, s/Greene, a unanimous vote, move that it is determined that a violation of MGL Chapter 138, Section 34, Sale of Alcoholic Beverages to a Minor did occur at the licensed premises on July 29, 2003 and move to suspend the Package Store - Wine and Malt License of Cumberland Farms Store #2299, 1055 Washington Street, for a period of 5 days. Said suspension shall begin on October 28 through November 1, 2003.
Board further requested that a review process of videotapes and a strict policy for carding of all purchasers of alcoholic beverages be instituted by October 28 and that the Selectmen be notified of the measures, which have been taken. It was noted that the Package Store license should be turned in to the Police Department at the close of business on October 27 and may be picked up on Monday, November 3.
Board of Selectmen -3- September 2, 2003
Appointment
A joint meeting with members of the Planning Board was held relative to the appointment of one person to fill the unexpired term vacancy that exists on the Planning Board.
Present were Planning Board members: Steven Belcher, Ron Ross, Clarence Willard and Lawrence Morris.
Mr. Belcher noted that Chairman, Roy Gardner was unable to be present this evening and introduced Noel Avellana the applicant for the position. Mr. Belcher noted that Ms. Avellana has originally applied for the position of Alternate but that Mr. Gardner had encouraged her to seek the full member position that is vacant.
Ms. Avellana was asked to give her background and reasons for applying for the position. Ms. Avellana noted that she is a civil engineer with background in drainage and road improvements and works for an area engineering firm. Noted that her firm does not do work within the town of East Bridgewater and that she has no conflicts to her knowledge.
Mr. Greene thanked Ms. Avellana for applying for the full member position and noted that the Board would certainly do well with the addition of a civil engineer.
M/Belcher, s/Willard, move to appoint Noel Avellana as a member of the Planning Board, to fill an existing vacancy for the period of September 3, 2003 to the next town election.
VOTE: Yes - Belcher, Willard, Morris, Ross, Greene, Walsh; a unanimous vote in favor.
M/Walsh, s/Greene, a unanimous vote, move to approve the minutes of August 18, 2003 meeting.
M/Walsh, s/Greene, a unanimous vote, move to approve the request of Michelle Lessard of the Skylur J. Spagone Memorial Fund for use of the Town Common on October 13, 2003 from 8:00 a.m. for a walk to raise money for children in East Bridgewater.
M/Walsh, s/Greene, a unanimous vote, move to approve the request of Margaret Spagone of the East Bridgewater Business Association for use of the Town Common on September 6, 2003 from 10:00 a.m. to 1:00 p.m. for their 5th Annual Business Expo/Fun Day.
M/Walsh, s/Greene, a unanimous vote, move to approve the recommendation of the finance Committee and appoint Gregory Bourget to the Finance Committee for the period of September 2, 2003 to June 30, 2004.
M/Walsh, s/Greene, a unanimous vote, move to approve the appointment of Joel Watkins as a Constable (Pays Own Bond) for the period of September 2, 2003 to June 30, 2006.
Executive Secretary Report
1. Received certification for Free Cash
2. Storm water project - 1st phase completed. 5 year timetable in place
Correspondence
1. Letter from residents of Point Drive re: Municipal Tax Amnesty Program
Board requested that letter be referred to Town Counsel
Agreed to set a meeting up for September 22 with residents, Mr. Savino and Atty. Kerwin
Board of Selectmen -4- September 2, 2003
2. Letter/report on 115 Spring Street; possible contamination; Mr. Samia went over the reasons for the testing and causes.
Board Discussion
1. Town Administrator Job Description
Mr. Samia noted that Mr. Hardy had called him today and that Mr. Hardy stated he has no problem with the job description.
M/Walsh, s/Greene, a unanimous vote, move to release the Town Administrator Job Description dated August 19, 2003 as a draft for public review.
Mr. Walsh stated that the job description would be the background for the Special Town Meeting article to change the title of Executive Secretary to Town Administrator. It was requested that the job description be placed on the town website.
2. Letter from Conservation Commission requesting approval of gift of land off
Marjan Drive.
M/Walsh, s/Greene, a unanimous vote, move to send a letter to the Conservation Commission stating that the Board of Selectmen are in agreement with the Commission acquisition of a gift of land off Marjan Drive.
3. Letter of request to meet with the Board received from Forrest Emery re: F1 Raceway
Board noted two points within letter to be addressed:
Possible 100+ in attendance; possible need to move meeting
Several Departments will be needed to answer questions
A discussion was held as to how this meeting could be handled. Board agreed that Mr. Emery should be notified to submit a list of issues and questions that he wishes to discuss.
Atty. Stuebing suggested that the Board hold an Open Forum Meeting without Departments present. Noted that there may be issues that can't be answered due to legal issues.
Mr. Walsh suggested that the Board set a tentative Open Forum for September 28, request list of issues to be discussed. Mr. Greene suggested that a monitor be set up in the small conference room and residents may come into main room to ask questions.
Board agreed that they can listen to issues but would not be able to make any decisions, as other departments have jurisdiction in the issues.
Reminders:
Saturday, September 6 - Soccer Parade
Business Expo/Fun Day
Boy Scout's Bottle Drive
Board of Selectmen -5- September 2, 2003
Open Forum
No one present
M/Walsh, s/Greene, move to close Open Session and go into Executive Session for the purpose of discussing litigation issues and collective bargaining issues and will not be returning to Open Session.
VOTE: Yes - Greene, Walsh; a unanimous vote in favor.
Meeting adjourned at 9:10 p.m.
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