The weekly meeting of the Board of Selectmen was held on Monday evening, December 13, 2004 at 7:30 p.m.
Present: Eric W. Greene, Chairman; David L. Walsh, Clerk; Peter Hamilton
George Samia, Town Administrator
Karen Grabau, Adm. Assistant
John Stuebing, Town Counsel
Robert Kerwin, Town Counsel
Mr. Greene and Mr. Walsh welcomed Mr. Hamilton to the Board and congratulated him on his election.
Mr. Walsh noted that the first business of the evening would be a discussion and vote relative to the appointment of a Police Chief by the Town Administrator.
Also Present:
Sgt. John Cowan Sgt. Joseph Markowicz Kenneth Elder
Debra Cowan Peter Spagone Off. Paul O’Brien
Michael Kennedy Off. Michael McLaughlin Off. John Grillo
Jeanne Bennett Elaine Muise
Explained process, which included developing a job description, posting of job vacancy in-house, selection of a panel made up of area Police Chiefs. Noted that the Board had decided to wait for the election of a Selectman before acting on the Town Administrator’s action. Noted that the recommendation of the Selection Panel was for Sgt. John Cowan. Interviews were video taped; all candidates were asked if they felt that they were treated fairly in the interview and all answered yes. Also, noted that this was the first time an appointment was made by the Town Administrator.
Mr. Greene stated that the untimely resignation it was decided that the appointment was too important to leave to a two member board. Stated that he was pleased with the process and felt that all had an opportunity to speak.
Mr. Hamilton stated that he received a copy of the video on election night and also was able to look over the resumes of all the candidates. Felt that the process was good and fair to all; felt Mr. Samia has handled the process well in his role as Town Administrator; felt that all the candidates were well qualified and that our Police Department and its employees are well respected in other area towns.
M/Walsh, s/Hamilton, move to affirm the appointment by the Town Administrator of John Cowan as Police Chief as of January 1, 2005 and subject to successful contract negotiations.
Short discussion was held regarding appointment.
VOTE: Yes – Greene, Walsh, Hamilton; a unanimous vote in favor.
All present extended congratulations to Sgt. Cowan on his appointment.
Appointment
Victor DeSantis, Director of Institute for Regional Development met with the Board to announce a new program, which is being offered to the towns of Bridgewater, West Bridgewater and East Bridgewater. The Civic Leadership Program is designed to build a cadre of well-informed citizens who can serve as the next generation of leaders and community activists. Are looking for 7 participants from each community; program would run from January to April; cost to town for 7 participants is $1,400.00.
Board of Selectmen -2- December 13, 2004
Board discussed program with Dr. DeSantis and agreed that they would take this under advisement.
Board thanked Dr. DeSantis for meeting with them.
M/Walsh, s/Greene, move to approve the minutes of the November 29, 2004.
VOTE: Yes – Greene, Walsh; Abstain – Hamilton; a majority vote in favor.
M/Walsh, s/Greene, a unanimous vote, move to approve the award of DPW contracts for calendar year 2005 as submitted by Southeastern Regional Services Group.
M/Walsh, s/Greene, move to approve the schedule for a Special Town Meeting to be held on January 24, 2004.
A discussion was held regarding possible need to hold off on STM; Mr. Walsh noted that he is checking into the process to be followed to institute a DPW as recommended by the Government Study Committee. Need to get opinion from Town Counsel as to process to implement DPW; questioned whether it would need a ballot question at Town Election in April or vote from Town Meeting. Requested that a vote on STM be held off for one week. Motion was withdrawn.
M/Walsh, s/Greene, move to accept the resignation of Peter Hamilton as a member of the Finance Committee effective December 13, 2004.
VOTE: Yes – Walsh, Greene; Abstain – Hamilton; a majority vote in favor.
M/Walsh, s/Greene, a unanimous vote, move to approve a Common Victualer License for Steven J. Peraino for the Joppa Market, 626 Bedford Street.
It was noted that Mr. Peraino will be selling coffee and hotdogs, which will be prepared on the premises; no other foods will be prepared/cooked there.
Mr. Greene requested opinion from Town Counsel regarding taxes owed to the town by persons seeking renewal of their licenses.
Town Counsels, Robert Kerwin and John Stuebing explained that under Chapter 40, Section 57, which has been adopted by the Town, the Board can withhold issuance of a license to any person delinquent in taxes; noted that the property involved does not have to be part of licensed property; noted licensee can either pay taxes or set up a payment plan with the Collector’s Office.
Noted that Mr. Savino has been very aggressive in the delinquent tax process; has presented Treasurer with a draft by-law; noted that he has the Treasurer’s list of outstanding taxes. Stated that all matter regarding delinquent taxes is public record.
Mr. Greene stated that he questioned whether the Board of Selectmen should be discussing in a public meeting licensees and their tax problems, building permit problems or Board of Health issues.
Mr. Kerwin reiterated that all such information is public record and can be discussed at an open meeting.
Mr. Kerwin read from MGL regarding duties of Treasurer in regard to furnishing list to all Boards/Committees/Departments relative to licenses, permits, etc. Also noted that at this time, the Treasurer has over $900,000 in back taxes in litigation.
Board of Selectmen -3- December 13, 2004
Board questioned taxes owed for Pub 106; Atty. Kerwin stated that this needs to be discussed in Executive Session as it is now in litigation.
M/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Class I, Class II and Class III license for the period of January 1, 2005 to January 1, 2006:
CLASS I LICENSES
LICENSE #2
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.
CLASS II LICENSES
CLASS II LICENSES AND RESTRICTIONS
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.
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 E. Power and James E. Power 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.
Board of Selectmen -4- December 13, 2004
LICENSE #7
Russell A. Wilbur & Alan Wilbur dba Acme Motors 129 No. Bedford Street
Restrictions: 1. Maximum amount of 12 cars on the property at any time for resale
2. Crushed stone driveway will be installed
3. Proper lighting be approved by Bldg. Inspector
4. Repairs to vehicles designated for resale; No outside storage of parts at anytime.
5. Set Back of 6' from curbing, all other "restrictions remain the same
Hours: 9 a.m. to 9 p.m. Monday - Saturday
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
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
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
Board of Selectmen -5- December 13, 2004
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 #20
Edwin L. Reed, Jr. dba Reed's Auto Sales & Service 357 Thatcher Street
Restrictions: 1. Stockade fence not to exceed 6' on southeast side of property within 6 months of the completion of proposed addition.
2. Surface lighting on building
3. No junk cars
4. Cars "for sale" must be in the appropriate sale area as noted on plan.
Hours: Mon. - Sat. 8 a.m. - 6 p.m.
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
Joseph Savino 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
5. Hours: 8:00 a.m. - 9:00 p.m. Mon - Sat; Sun. 1-4 p.m.
Board of Selectmen -6- December 13, 2004
LICENSE #24
Oladele Olubanwo dba Shekinah Motors rear 750 North Bedford Street
Restrictions: 1. Not more than 20 cars for sale
2. Cars for sale to be in designated area, as shown on plot plan, and clearly marked
3. No repairs to be done on premises
4. License is non-transferable to another entity.
5. Hours: Monday - Friday 9:00 a.m. - 9:00 p.m.
Saturday 9:00 a.m. - 6:00 p.m.
Sunday 12 noon - 5:00 p.m.
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
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.
A 16’ wide unobstructed access road shall be maintained 24 hours
per day and shall also run from the rear of the building extending to
the most southerly portion of the property. No vehicles to be stored
or displayed within 10’ of the building.
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)
LICENSE #4
Regal Auto Parts, Inc.
358 Thatcher Street
E. Bridgewater, MA 02333
Restrictions: Hours: 8 a.m. - 5 p.m. Monday - Saturday; 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
Board of Selectmen -7- December 13, 2004
M/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Package Store – All Alcoholic License for the period of January 1, 2005 to December 31, 2005:
Virge Enterprises, Inc. dba The Grapevine & Spirits
Virginia Lanphear, Manager
685 North Bedford Street
ABA Inc. dba East Bridgewater Wine & Spirits
Dianne E. Kennedy, Manager
225 Bedford Street
Tonello, Inc. dba Harmony Package Store
Tina Tonello, Manager
162 North Bedford Street
m/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Package Store – wine & Malt for the period of January 1, 2005 to December 31, 2005:
Country Convenience Inc.
E. Alan Haynes, Manager
210 Pond Street
Ridder Air Ent., Inc. dba Tri Town Convenience
Jennifer R. Ridder, Manager
60 Franklin Street
Crocetti-Oakdale Packing Inc.
Carl F. Crocetti, Manager
378 Pleasant Street
The T. Sikder Corporation dba Tedeschi’s #330
Elizabeth C. Parveg, Manager
52 Bedford Street
m/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Club – All Alcoholic License for the period of January 1, 2005 to December 31, 2005:
The Commercial Club of E. Bridgewater
Michael J. Burke, Manager
Neilsen Avenue
The Ideal Club, Inc.
Manny Fortes, Manager
14 West Union Street
m/Walsh, s/Greene, a unanimous vote, move to approve the following Common Victualer – Wine & Malt License for the period of January 1, 2005 to December 31, 2005:
Deng’s Garden Restaurant Corp.
Benny Deng, Manager
225 Bedford Street
m/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Common Victualer – All Alcoholic Licenses for the period of January 1, 2005 to December 31, 2005:
Frank’s Cafe and Coffee House, Inc. dba
The Mockingbird Restaurant
Kelly Cannizzaro, Mgr.
838 North Bedford Street
Board of Selectmen -8- December 13, 2004
The Montana Group, Inc. dba Johnny Macaroni’s
John Vallarelli, Manager
582 West Street
JADO, Inc. dba All Seasons Bar & Grill
John M. Doucette, Manager
225 Bedford Street
One Putt Inc. dba Cameron’s on the Green
William Russell, Manager
436 Oak Street
Carmen’s inc. dba Carmen’s Mexican & American Restaurant
Edward J. Murphy, Manager
34 Bedford Street
T.J. Smith’s
Joseph M. Smith, Manager
13 Cross Street
Ye Olde Standish Grille, Inc.,
Arthur L. O’Leary, Manager
175 No. Bedford Street
Kilkelly Inc., dba Casa Loma Pub & Club
Joseph Cooke, Manager
124 Robbins Street
Creative Cuisine LLC
Sheryll A. Gotreau, Manager
off Oak Street
Petsoco, Inc. dba Pier 18 Seafood & Grille
Peter J. Soroka, Mgr.
205 Bedford Street
m/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Common Victualer Licenses for the period of January 1, 2005 to December 31, 2005:
LICENSE #1
Viking Pizza Antonios Mamouzellos, Manager
52 Bedford Street
Hours: Monday - Sunday 11 a.m. - 10 p.m.
LICENSE #2
Creative Cuisine, LLC Sheryll A.. Gotreau, Manager
390 Oak Street
Hours: Sunday - Saturday 6:00 a.m. - 1:00 a.m.
LICENSE #3
One Putt, Inc. dba Cameron’s on the Green William Russell, Manager
436 Oak Street
Hours: 11:30 a.m. - 1:00 a.m.
LICENSE #4
Deng’s Garden Restaurant Benny Deng, manager
225 Bedford Street
Hours: 11:00 a.m. - 12 a.m.
Board of Selectmen -9- December 13, 2004
LICENSE #7
Cumberland Farms Store #2299 Patricia A. Reynolds, Manager
1055 Washington Street
Hours: 5 a.m. - 12 p.m.
LICENSE #8
Cumberland Farms Store #2365
143 Bedford Street
Hours: Open 24 hours
LICENSE #11
The Montana Group dba Johnny Macaroni’s John Vallarelli, Manager
582 West Street
Hours: Same as Liquor License
LICENSE #14
Whitman Donuts, Inc. dba Dunkin Donuts Helder Garcia, Mgr.
204 Bedford Street
Hours: Monday - Saturday 5 a.m. to 9 p.m., Sunday 6 a.m. to 9 p.m.
Mailing Address: 16 Davis Ave. rear, Whitman, MA 02382
LICENSE #17
Smith Bros. Caterers Inc. dba T.J. Smith’s Joseph M. Smith, Mgr.
13 Cross Street
Hours: Same as Liquor License
LICENSE #18
Carmen’s Inc. dba Carmen’s Mexican & American Restaurant
Edward J. Murphy, Mgr.
34 Bedford Street
Hours: Same as Liquor License
LICENSE #19
The Commercial Club of East Bridgewater Michael J. Burke, Mgr.
1 Neilsen Avenue
Hours: Mon - Sat 9 a.m. - 1 a.m.
Sunday 12 a.m. - 12 p.m.
LICENSE #23
Ye Olde Standish Grille, Inc. Arthur O’Leary, Mgr.
175 No. Bedford Street
Tue - Sun. 11 a.m. - 11 p.m., Closed Monday
LICENSE #24
Athens Pizza Fouad K. Ahmed, Mgr.
224 No. Bedford Street
Hours: Sunday - Thursday 11 a.m. - 9 p.m.
Fri & Sat 11 a.m. - 10 p.m.
LICENSE #25
JADO dba All Seasons Bar & Grill John M. Doucette, Mgr.
225 Bedford Street
Hours: 11 a.m. - 1 a.m.
LICENSE #27
Walshey’s Subs & Pizza John W. Walsh, Mgr.
225 Bedford Street
Hours: Sun - Wed 5 a.m - 9 p.m.
Thurs, Fri, Sat 5:00 a.m. - 1:00 a.m.
Board of Selectmen -10- December 13, 2004
LICENSE #28
Pier 18 Seafood & Grille Peter Soroka, Mgr.
205 Bedford Street
Hours: Mon - Sat 6 a.m. - 8 p.m.
Sunday 7 a.m. - noon
LICENSE #30
The Mockingbird Restaurant Kelly J. Cannizzaro, Mgr.
838 No. Bedford Street
Hours: 8 a.m. - 12 a.m. - Mon - Sun
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.
LICENSE #35
Tri-Town Convenience Jennifer Ridder, Mgr.
60 Franklin Street
Hours: 5 a.m. - 11 p.m.
LICENSE #36
Whitman Donuts, Inc. dba Dunkin Donuts Helder Garcia, Mgr.
650 Plymouth Street
Hours: Monday - Saturday 5 a.m. to 9 p.m., Sunday 6 a.m. to 9 p.m.
LICENSE #37
Domino’s Pizza Jason A. LeBlanc, Mgr.
225 Bedford Street
Hours: Sun - Wed 11 p.m. - 1 a.m.
Thurs - Sat 11 a.m. - 3 a.m.
LICENSE #41
Marylou’s News Inc.
117 No. Bedford Street
Hours: Mon - Fri 5 a.m. - 8 p.m.
Sat 6 a.m. - 6 p.m.
Sun 7 a.m. - 6 p.m.
M/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Entertainment Licenses for the period of January 1, 2005 to December 31, 2005:
JADO Inc. dba All Seasons Bar & Grill Franks Café & Coffee House Inc. dba
John M. Doucette, Manager Mockingbird Restaurant
225 Bedford Street 838 North Bedford Street
Kelly Cannizzaro, Manager
Cameron’s on the Green Carmen’s Mexican & American Restaurant
William E. Russell, Manager Edward J. Murphy, Manager
436 Oak Street 34 Bedford Street
Board of Selectmen -11- December 13, 2004
M/Walsh, s/Greene, a unanimous vote, move to approve the renewal of the following Fortune Teller License for the period of January 1, 2005 to December 31, 2005:
Joan Fabroski dba Anatasia’s
685 No. Bedford Street
m/Walsh, S/ Greene, a unanimous vote, move to approve the renewal of the following Automatic (Coin-Operated) Amusement Licenses for the period of January 1, 2005 to December 31, 2005:
The Commercial Club of East Bridgewater JADO Inc. dba All Seasons Bar & Grill
Michael J. Burke, Manager John M. Doucette, Manager
1 Nielsen Avenue 225 Bedford Street
2 Video Cherry Poker 1 Juke Box
1 Golf 4 Video
3 Video Poker 1 Golf
1 Juke Box
Ye Olde Standish Grille Viking Recreation Center, Inc.
Arthur O’Leary, Manager Frederick W. Thompson
175 No. Bedford Street 607 Bedford Street
1 juke box 30 machines
Carmen’s Mexican & American Restaurant
225 Bedford Street
1 Jukebox
1 golf game
1 table top game
Mr. Greene requested that a letter be sent to all Entertainment and Automatic Amusement Licensees informing them that any changes either to the listed forms of Entertainment or number or types of Machines requires notification to the Board of Selectmen and a hearing by the Board to approve such changes.
Appointment
Town Counsel, John Stuebing, Robert Kerwin and Atty. J. Finnegan met with the Board to update them on the delinquent tax issues.
Atty. Kerwin noted that there are 13 cases in litigation at this time, which involves 29 parcels; 21 properties are now owned by the Town thru tax title process and possibility of a land auction is being investigated.
A discussion was held regarding processes for foreclosure, civil court cases, DOR land of low value foreclosure and actions taken by the Treasurer regarding delinquent taxes.
Staff Reports
The following awards for Parade and Tree Decorating at Christmas on the Common were announced:
Tree Decorating
Adult Category
1st Prize – Support Our E.B. Troops
2nd Prize – E.B. Commercial Club
3rd Prize – Order of the Eastern Star
Board of Selectmen -12- December 13, 2004
Youth Category
1st Prize – Brownie Troop #397
2nd Prize – Cub Scout Pack #28
3rd Prize – D.A.R.E.
Special Award
Founder’s Prize – Imagination Station
Baystate Colony Prize – E.B.E.A.
Community Prize – Kid’s Kastle
Governor’s Prize – Support Our E.B. Troops
Honorable Mention
Brownie Troop #597
Girl Scout Troop #703
E.B. Central/Preschool/Kindergarten
Parade Floats Awards - Civic
President’s Award – YMCA
Governor’s Award – E.B. D.A.R.E
Spirit of Christmas Award – Cub Scout Pack 29
Parade Float Awards – Business
President’s Award – Paul Wolfe Motors
Governor’s Award – Magic Touch Pre-school
Spirit of Christmas Award – Capachione School of Performing Arts
Town Administrator Report
Budget Process – met with School Committee, in executive and open meeting; discussed contract negotiation strategies and budget restrictions.
meeting with various departments, i.e. Library, Highway; plans to continue meeting with departments to become familiar with their mission and issues they face on daily basis
Attended Arbitration Hearing in Boston regarding labor issue; should have decision in next few months.
Correspondence
Grant notification – forward to Jane Haines
Cold Relief Flyer – forward to COA
Letter re: traffic signal at Washington/Central Intersection – under town’s authority –
contact Meserve re; fixing timing.
Board Discussion
Discussed Liaisons to departments fro budget process, etc. Mr. Greene noted that as he is now working for the Plymouth County Sheriff’s Department, a new member to the Plymouth County Advisory Board will need to be named.
M/Walsh, s/Greene, a unanimous vote, move to appoint Liaisons as follows:
David Walsh – School, Highway, Tree, Water Departments
Eric Greene – Library, COA
Peter Hamilton – Fire, Police
George Samia – General Government
M/Greene, s/ Walsh, a unanimous vote, move to appoint Peter Hamilton to the Plymouth County Advisory Board to replace Eric Greene.
Board of Selectmen -13- December 13, 2004
A discussion was held with Atty. Robert Kerwin relative to his meeting with Wayne Fyden, Town Planner in Northhampton. Atty. Kerwin noted that Mr. Fyden had suggested several grants, which may be of help to the town in long range planning need assessments, and planning issues.
Mr. Walsh stated that this is very important to the Town in development of a base for business/industry in the town. Has spoken with our legislatures regarding assistance.
Mr. Hamilton informed the Board that he has been in contact with Sen. Brian Joyce; Sen. Joyce will attend the January 3 Selectmen’s Meeting to update the town on the state of the state. Has also requested that Sen. Creedan and Rep. Teahen attend. Asked that an invitation be sent to the School Committee, Finance Committee and Department Heads to attend. Also invited interested townspeople to attend.
A discussion was held regarding the vacancy on the Finance Committee. Board requested letters of interest to the Selectmen by December 31. All letters received will be forwarded to the Finance Committee for their recommendation.
Atty. John Stuebing and Atty. Robert Kerwin informed the Board that they would like to provide a law education day for East Bridgewater residents; would provide a venue for residents to receive information on estate planning, wills, mortgages, etc.; would also like to provide a list of attorneys in East Bridgewater. Noted that there would be no solicitation of business, strictly an informational meeting. Will work with Mr. Samia on setting up.
M/Walsh, s/Greene, move to close Open Session and go into Executive Session for the purpose of discussing collective bargaining issues, pending litigation and non-union negotiations and will not be returning top Open Session.
VOTE: Yes – Greene, Walsh, Hamilton; a unanimous vote in favor.
Meeting adjourned at 9:55 p.m.
_________________________________Clerk
Board of Selectmen
The weekly meeting of the Board of Selectmen was held on Monday evening, December 20, 2004 at 7:30 p.m.
Present: Eric W. Greene, Chairman; David L. Walsh, Clerk; Peter Hamilton
George Samia, Town Administrator
Karen Grabau, Adm. Assistant
John Stuebing, Town Counsel
Robert Kerwin, Town Counsel
Public Hearing
Mr. Walsh read the following 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:
Geek Inc. dba The Nutty Irishman Pub
Patricia Bureau-Frazier, Manager
Premises: 579 West Street
Premises consists of 1 story cement block with dining room, bar and storage area, 21X50 addition to rear of building consists of women’s and men’s rooms, walk-in cooler, liquor storage, kitchen & refrigerator and fenced patio on side; 1 entrance/exit at front of building, 1 exit at left side of building, 2 exits at rear of building.
A Public Hearing will be held at the Town Hall, First Floor Conference Room, 175 Central Street, East Bridgewater on Monday, December 20, 2004 at 7:35 p.m.
Present for hearing were the following:
Joseph Cooke, President/Clerk/Treasurer – Geek, Inc.
Patricia Bureau-Frazier, Manager
Mr. Cooke explained that he plans to have an authentic Irish Pub; are renovating the interior, 70% finished; possibly opening in February. Noted new septic system has been installed and town water has been installed to replace well water. It was noted that at this time there is no occupancy permit; permit will be issued when renovations are completed.
Mr. Cooke stated that the hours of operation would be 11:00 a.m. – 10:00 p.m. weekdays, 11 a.m. – 11 p.m. Saturday and 11 a.m. – 10 p.m. Sunday for the restaurant and regular hours allowed under the liquor license for the bar.
Mr. Cooke explained that there was parking for 45 in front and 30 on side; no parking in back as that is where the septic system is. Building occupancy is seating for 110 and total capacity 225.
Mr. Cooke explained that he has gutted the kitchen and that new and used equipment is being put in the kitchen. Also, noted that the sign for the business will remain the same size with just the name being changed.
Chief of Police, John L. Silva asked if there would be an Entertainment License for the premises and Mr. Cooke answered that there would be. It was noted that no application for Entertainment, Common Victualer or Coin Operated Machines has been submitted at this time. Mr. Cooke stated that they would be applying for the other licenses. Mr. Cooke also explained that the Entertainment License will include Irish Dancers, Irish music and Irish Storytellers.
M/Walsh, s/Greene, a unanimous vote, move to approve the Application for a Common Victualer All Alcoholic License for Geek, Inc. dba The Nutty Irishman Pub, 479 West Street, Patricia Bureau-Frazier Manager.
Board of Selectmen -2- December 20, 2004
Board called to order a Public Hearing relative to whether the Casa Loma Pub & Club 124 Robins Street is in compliance with the Entertainment License issued for 2004.
Present were:
Joseph Cooke, Manager Casa Loma Pub & Club
Police Chief, John L. Silva
Fire Chief, Ryon Pratt
Peter Blackman, abutter, 135 Robins Road
Nancy Blackman, abutter, 135 Robins Road
Atty. Michael Morizio, representing Mr. & Mrs. Blackman
A lengthy discussion was held regarding the various activities that have been advertised at the Casa Loma. Mr. Cooke explained that he has had contests for Best Booty, Comedians, etc. Canceled the Best Cleavage contest as some of the customers were asking about wet t-shirt contests and he felt that this was not wise to hold this contest. Noted that at this time there are no contests being held. Explained that regarding the ”Club Dancers” two girls who come to the Club, like to dance the retro/techno dancing and offered to teach patrons how to do the dances; they are not paid, but outfits for them to wear were purchased by the Club; noted that they have been widely successful.
Atty. Stuebing stated that the Entertainment License lists only live and recorded music, any other activity, i.e. dancing, dancers, etc would have to be included on the license. Suggested that an inspection of the premises should be done prior to approving any changes to license.
A discussion was held with Mr. Cooke relative to definitions of dancing and dancers and what this requires as far as the Entertainment License is concerned.
Also discussed the advertised contests i.e. “Best Booty”, “Best Cleavage” ; Mr. Cooke noted that they were clean fun, not suggestive; were very well received.
Chief of Police, John L. Silva, noted that in his 37 years on Police Department, there have been many incidents at this location; area has always been residential; in 1977 the former Casa Loma had their hours restricted to 11 p.m. and their windows were ordered boarded up to cut down on the noise problems associated with bands, entertainment, etc. Noted that the former premises burnt down and in 1982 a “family” restaurant was approved by the ZBA. Stated that he is opposed to any live entertainment or dancing/dancers.
Mr. Cooke stated that what happened at the former Casa Loma was 25 years ago; times change; Casa Loma has patrons who enjoy dancing; didn’t feel that there is any problem with having entertainment at premises. Noted that there is a dance floor on second level.
Chief Silva submitted to Board a copy of Police Reports from 1997 to present, relative to the complaints from abutters regarding Casa Loma.
Mr. Greene stated that he was not opposed to diners eating and listening to music.
Mr. Cooke stated that DJ starts at 9 p.m.; felt that an early closing would cause him to lose 60% of his business. Felt that it was one abutter that was making all the complaints. Mr. Greene reminded Mr. Cooke that all businesses have abutters and need to be aware of their concerns. Mr. Cooke stated that the problems outside were created not by patrons of the Casa Loma but by kids that come down to the pond and park in the parking lot.
Atty. Stuebing gave the Board a set of “Standards for Reviewing” of licenses.
Board of Selectmen -3- December 20, 2004
Discussion continued relative to the activities at the Casa Loma, types of entertainment, perception created by flyers, inspections of any premise, etc.
Mr. Greene asked if there was anyone else who wished to speak regarding the Entertainment License and Atty. Morizio stated that he and his clients the Blackmans wished to speak.
Atty. Morizio stated that his clients objected to any Entertainment, Coin Operated Machines and Video Poker machines being allowed in the Casa Loma. Requested that the Board not issue renewals of these licenses and hold a Public Hearing relative to all licenses at the Casa Loma. Noted increased noise and disturbances at the premises. Stated that the character of the premises has changed from a family type restaurant, as all tables have been removed from the first floor to allow for pool tables, video machines, etc. Felt that it was now a nightclub not a restaurant. Presented Board with a copy of the ZBA variance granted for a “family restaurant”, contended that the premises was no longer a restaurant and that it was in violation of the ZBA ruling. Also indicated that there was an impact on the neighborhood, an R1
district, due to the noise, trash problems, parking problems, etc. Showed Board photos of trash problem.
Fire Chief Ryon Pratt informed the Board that as of today, there is no current occupancy permit at the Casa Loma. Mr. Cooke noted that the Building Inspector has an appointment for tomorrow to inspect the premises relative to the Occupancy Permit.
Mr. Walsh stated that he felt that the Entertainment License should remain the same with only live and recorded music; felt that there should be no expansion of the license for next year. Also stated that there should be a monitoring of the premises regarding trash, noise, etc and that it may be necessary to require policing; felt that the Board could work with Mr. Cooke to address the issues.
Mr. Hamilton stated that in looking at the ZBA decision, it allowed for a “family restaurant”; felt that the advertisement for two floors of entertainment was not in keeping with the decision. Agreed that there should be no increase in the allowed entertainment beyond the live and recorded music.
Atty. Stuebing suggested the Mr. Cooke might need to have paid details to control the activities in the outside areas of the Casa Loma.
Mr. Greene stated that he felt that the building configuration had changed, family restaurant could have live band music, questioned dancing; agreed that license should not change, stay with live and recorded music, no dancing.
Mr. Walsh requested Mr. Cooke to come back with plans for policing the parking lot within one month; if problems continue Board can revisit the license situation.
Chief Silva asked if there would be restrictions on the Casa Loma sign.
Atty. Morizio asked if the Board would consider continuing the hearing.
Atty. Stuebing recommended that the Board add language to their vote that in event, after the issuance of entertainment license that any further violation would be cause for additional hearing.
Mr. Walsh stated that he would suggest that the motion include a stipulation that in one month a plan be presented to address trash, noise and increased security at the premises.
Atty. Stuebing recommended that the Board issue the licenses; noted that the Board can hold a hearing at any time to revoke if the licensee does not conform.
Board of Selectmen -4- December 20, 2004
Further discussion was held concerning the license, occupancy permit, license approval, restrictions, etc.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the Entertainment License for Casa Loma Pub and Club for live music and recorded music with the stipulation that a plan be presented to the Board of Selectmen, by the end of January, for signage changes, cleanliness of parking lot and grounds and security for the board’s approval and that the license is granted contingent on inspections by the Fire Chief and Building Inspector and issuance of occupancy permit.
Mr. Cooke stated that he would request a meeting with the Board of Selectmen on January 24, at which time he will have a plan in place. Stated that he would give a copy of plan to the Blackmans.
Appointment
Fire Chief, Ryon Pratt met with the Board and went over his request for abatement of the uncollected ambulance fees for FY02. Noted that they have a 91% collection rate.
M/Walsh, s/Hamilton, a unanimous vote, move to abate the FY02 ambulance balance amount of $37,443.71.
Chief Pratt presented information relative to his request to increase ambulance fees based on new Medicare allowances. Noted that he had provided the Board with a copy of the new rate structure. Also noted that the last rate increase was in January 2003.
M/Walsh, s/Hamilton, a unanimous vote, move to approve an increase in the rates billed for use of the East Bridgewater Fire Department Ambulance, effect January 1, 2005, as printed on the Ambulance Rate List.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the minutes of the December 13, 2004 meeting.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the renewal of the following Common Victualer License for the period of January 1, 2005 to December 31, 2005:
LICENSE #12
Skinners Sugar House Paul & Joann Daley, Managers
24 Union Street
Hours: Monday – closed (except 9 a.m. – 5 p.m. Christmas Season)
Tues. – Sat. 9 a.m. – 9 p.m. June – Oct & 9 a.m. – 7 p.m. Nov. – May
(9 a.m. – 9 p.m. Christmas Season)
Sunday – 12 noon – 9 p.m. June – Oct. & 12 noon – 7 p.m. Nov. – May
LICENSE #15
JSJ Restaurant Inc. dba Johnny D’s Restaurant John F. DeSousa, Manager
31 Central Street
Hours: Monday – Friday 5:30 a.m. – 3:00 p.m.
Saturday & Sunday 6:00 a.m. – 1:00 p.m.
LICENSE #42
Flibby’s Roast Beef
118 No. Bedford Street
Hours: Monday – Friday 11:00 a.m. – 7:00 p.m.
Saturday 11:00 a.m. – 5:00 p.m.
Board of Selectmen -5- December 20, 2004
M/Walsh, s/Hamilton, a unanimous vote, move to approve the Common Victualer, entertainment and Automatic Amusement Licenses for Northeast Cinemas dba East Bridgewater 6 for the period of January 1, 2005 to December 31, 2005.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the Common Victualer, Common Victualer – All Alcoholic and Automatic Amusement Licenses for Casa Loma Pub & Club for the period of January 1, 2005 to December 31, 2005.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the schedule for a Special Town Meeting on Monday, January 31, 2005 as follows:
Dec. 20 Board vote to hold Special Town Meeting
Dec. 21 Notification to all departments
Jan. 3 Deadline to submit articles to Selectmen
Jan 3 - 10 Articles review by Finance Committee, Treasurer,
Town Counsel, Accountant and Selectmen
Jan. 10 Warrant closed and approved by Selectmen
Jan. 12 Deadline to submit Warrant to Town Clerk
Jan. 18 Last date to post warrant
Jan. 13 Copy of articles available for distribution
Jan. 24 Meet with Town Clerk, Moderator, etc. to go over Warrant
Jan. 31, 7:00 p.m. Special Town Meeting, Middle School Auditorium
Board discussed with Town Counsel, John Stuebing the process for formation of a DPW as recommend by the Government Study Committee. Atty. Stuebing explained the various ways to create a DPW. Board agreed that Town Counsel will meet with Department Heads and discuss options and come back to the Board with recommendations.
M/Walsh, s/Hamilton, for purpose of discussion, move to approve the Common Victualer, Common Victualer – All Alcoholic and Automatic Amusement Licenses for Pub 106 for the period of January 1, 2005 to December 31, 2005.
Board discussed with Town Counsel, Robert Kerwin his recommendation that the Board approve the licenses conditional upon satisfaction of a completion of tax issues. Noted that he has been in contact with Mr. Colby’s attorney. Suggested that the Board hold a Public Hearing on January 10, 2005 for the suspension or revocation of the Common Victualer – All Alcoholic and Common Victualer Licenses of Pub 106. Noted that Selectmen could require evidence that shows that Pub 106 Inc. has satisfied all tax issues.
Board of Selectmen -6- December 20, 2005
M/Walsh, s/Hamilton, move to amend previous motion and approve granting of the Common Victualer, Common Victualer – All Alcoholic and Automatic Amusement Licenses for Pub 106 for the period of January 1, 2005 to December 31, 2005 conditional upon all tax issues being resolved and to set a Revocation Hearing for January 10, 2005 relative to the above licenses.
Vote on Amendment: Yes – Greene, Hamilton, Walsh – a unanimous vote in favor of amendment.
Vote on motion as amended: Yes – Greene, Hamilton, Walsh – a unanimous vote in favor of motion as amended.
Town Administrator Report
Joint Meeting with Sachem Rock Committee and Friends of Sachem Rock; also
present John Haines and Ryon Pratt. Board requested an update in late January or
February relative to a usage plan, etc.
Letter to School committee re: David Walsh Liaison
Working on Budget
Tax Delinquent List received from Treasurer
Police Chief Interview video will be released
Board Discussion
Mr. Walsh announced schedule for budget process. Board to send letter to all department with schedule.
Mr. Walsh noted that he discussed with Rep. Kathy Teahen Economic Development; will be receiving information on grants available; Sen. Joyce to meet with Board on January 3; Board agreed to discuss further on January 10.
Mr. Walsh suggested that board meet with John Haines to discuss trash collection, options available, new price for bags. Board agreed to schedule for end of January.
Board discussed the Government Class at Bridgewater State; set up a file of those interested; need to look into source for funding. Atty. Kerwin informed the Board that his firm may be able to donate the funding of the class; will check with management and report back to Board at their next meeting.
It was noted that the Board has received the list of Finance Committee members and the departments there are liaison to. Will forward to all departments.
Town Counsel Report
Law Day in East Bridgewater: inviting Rep. Teahen, Sen. Creedan, Sen. Joyce and various department heads; will include information on estate planning, health insurance issues, etc.; will be a lecture format. Planned for January 13 from 7-9 p.m.
M/Walsh, s/Hamilton, a unanimous vote, move to adjourn Open Session at 10:20 p.m.
__________________________________Clerk
Board of Selectmen
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