The weekly meeting of the Board of Selectmen was held on Monday evening, January 3, 2005 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
Appointment
Jane Haines, Council on Aging Director met with the Board and gave an update on her Department. Noted that the Council is not a social club but rather an agency, which is available to assist anyone over 60 and disabled residents. Staff includes Chris White and Nancy Hill, plus many unpaid volunteers who deliver Meals On Wheels and assist with other activities.
Noted that in the number of seniors in East Bridgewater will continue to grow over the next few years; it is estimated that by 2010 there will be 2500 seniors in E.B. and 3500 by 2020; noted that these statistics were generated prior to the over 55 communities which are being built in E.B.
Explained the types of assistance that is available, i.e. Food and Fuel; Food Stamp Applications, Fuel Assistance Applications; also work with the Salvation Army in providing need assistance. Informed the Board that Nancy Hill will be trained this year in the SHINE program.
Also noted that the Council will be able to lend durable medical equipment, when needed. Noted that Mr. Walsh has been able to obtain a donation of wheel chairs for the Council. They now have an extensive Video Library, which seniors can borrow. Noted the several groups, which meet, i.e. Melodians, Bowling group, etc.
Mrs. Haines noted that following services and numbers attending:
3,746 general services to 542 seniors
Participation was as follows: 106 - parties, 104 – clinics, 202 – trips, 88 – socials,
131 – Middle School lunches, 20 applications for Fuel Assistance,
1,508 Meals on Wheels delivered, 628 Dial-A-Bat uses
Senior Tax Work-off Program – 15 seniors have participated; working in various town depts.
Noted other program, “Are You Okay”, which is run in conjunction with the Plymouth County Sheriff’s Department.
Thanked various clubs, organizations and individuals within town for their support and assistance with donations, etc.
Requested Town Counsel assistance regarding an Ordinance, which would allow staff to accept free trips on senior trips and a policy for volunteer drivers.
Mrs. Haines announced that the Council on Aging had received a donated van from BAT; thanked Chief Ryon Pratt for his assistance and Highway Department employee Tony Andrade who checked out the vehicle prior to COA accepting gift. Noted that Highway Department will do maintenance on vehicle.
Board requested that prior to voting on the Lease and Vehicle Maintenance agreements that Town counsel look over both and that a maintenance plan be put together. Mrs. Haines will have plan for Board next week.
Appointment
Sen. Brian Joyce, Sen. Robert Creedan and Rep. Kathy Teahen met with the Board to provide information relative to state aid for the upcoming fiscal year.
Board of Selectmen -2- January 3, 2005
Sen. Joyce had a power-point presentation for the Board showing information relative to drop in State Revenues, tax-cuts, growth, fixed costs; explained budget crisis and response by legislature, i.e increase in fee schedule, etc. went over local impact, Chapter 70 aid, MCAS scores, School Building Assistance Program, legislative reform.
Discussion was held regarding future outlook, aid to town and the state deficit. It was noted that there looks to be a modest increase in state revenues, which would increase town’s aid, time frame for state budget, cherry sheets. Board informed the legislatures of the various issues facing the town and schools for the upcoming budget.
Sen. Creedan stated that they would all work to bring the tax money back to the town; noted that their support of education in East Bridgewater. Rep Teahen stated that they hoped to have the state’s budget out before the beginning of the new fiscal year.
M/Walsh, s/Hamilton, a unanimous vote, move to approve the Schedule of Board of Selectmen’s meeting for January – December, 2005 as follows:
Monday, January 3 Monday, May 2 Tuesday, September 6
Monday, January 10 Monday, May 9 Monday, September 12
Tuesday, January 18 Monday, May 16 Monday. September 19
Monday, January 24 Monday, May 23 Monday, September 26
Monday, January 31 Tuesday, May 30
Monday, February 7 Monday, June 6 Monday, October 3
Monday, February 14 Monday, June 13 Tuesday, October 11
Tuesday, February 22 Monday, June 20 Monday, October 17
Monday, February 28 Monday, June 27 Monday, October 24
Monday, October 31
Monday, March 7 Monday, July 11
Monday, March 14 Monday, July 25 Monday, November 7
Monday March 21 Monday, November 14
Monday, March 28 Monday, November 21
Monday, November 28
Monday, April 4 Monday, August 8
Monday, April 11 Monday, August 22 Monday, December 5
Tuesday, April 19 Monday, December 12
Monday, April 25 Monday, December 19
M/Walsh, s/Hamilton, a unanimous vote, move to approve the Taxi License for Bill’s Taxi, 1001 Bedford Street, Bridgewater for the period of January 1, 2005 to December 31, 2005 for the following vehicles:
#87 – Ford Crown Vic – Reg #LV-30471
#89 - Ford Crown Vic – Reg #16559
#14 – Ford Van – Reg #SPN-10413
m/Walsh, s/Hamilton, a unanimous vote, move to approve the renewal of the Class II – Used Car Dealers License for the period of January 1, 2005 to January 1, 2006, as follows:
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 -3- January 3, 2005
M/Walsh, s/Hamilton, a unanimous vote, move to approve the over-expediture of the Snow & Ice Removal Account as allowed under MGL Ch. 44 s.31D.
Board Discussion
Board announced that the ABCC had approved the Board’s findings regarding the Package Store – Wine & Malt License for Cumberland Farms Store but had overturned the Board’s revocation of the license.
Atty. Kerwin informed the Board that they can appeal the decision to the Superior Court. Noted that no testimony from East Bridgewater was found at fault. It was agreed that as this may become pending litigation, the matter should be discussed in Executive Session.
Correspondence
Letter from Hanover Selectmen re: County Retirement Assessment Amounts
Mr. Greene stated that he had discussed issue with County Treasurer; noted East Bridgewater’s Assessment would be $208,000. It was agreed to invite a representative from County Retirement to a Selectmen’s meeting to discuss assessment.
M/Walsh, s/Hamilton, a unanimous vote, move to sign the MA Highway Traffic Control Agreement relative to the Franklin Street Project.
Town Counsel Report
Civic Leadership Seminars – grant from Tarlow, Hart, Breed, Rodgers – has talked to Ethics Commission; will make a disclosure statement under C44,s53A.
Law Day – January 13, 7-9 p.m. at Middle School Auditorium; Rep. Teahen, Sen. Creedan and Joyce will take part; possibly Cong. Lynch; explained some of the topics to be discussed; open to all residents
M/Walsh, s/Hamilton, move to go into Executive Session for the purpose of discussing pending and possible litigation issues and will return to Open Session following Executive Session.
VOTE: Yes – Greene, Hamilton, Walsh; a unanimous vote in favor.
Open Session recessed at 10:00 p.m.
Open Session reconvened at 10:35 p.m.
Board announced that they discussed whether or not to appeal the ABCC decision to overturn the Selectmen’s decision relative to the Cumberland Farms Package Store – Wine & Malt License revocation. Noted that it was discussed whether an appeal warranted the cost.
Mr. Greene stated that the board was on proper ground with their decision; didn’t think the Board should be moderate in their decision; felt ABCC as a state agency should not have overturned revocation; felt Board should appeal.
Mr. Walsh stated Town has procedure in place; store was warned; still didn’t stop another violation.
Mr. Hamilton stated he agreed with his colleagues.
Board of Selectmen -4- January 3, 2005
James Hardy, former member of the Board of Selectmen stated that he was a member of the Board when the decision was rendered; noted that Cumberland Farms made commitments which they did not honor; suggested that the Board needs to look at stronger suspensions in these types of cases of 1st offense – 1 day, 2nd offense – 7 days, 3rd offense – 30 days and any additional offense – revocation. Stated that the Board did due diligence in the matter. Stated he was shocked by the ABCC decision.
Mr. Walsh noted that after each violations, the Board heard the same things repeated as far as how they would stop any further violations.
M/Walsh, s/Hamilton, a unanimous vote, move to appeal the decision of the Alcoholic Beverages Control Commission relative to the overturning of the revocation of the Package Store – Wine & Malt License of Cumberland Farms.
M/Walsh, s/Hamilton, a unanimous vote, move to close Open Session at 10:45 p.m.
___________________________Clerk
Board of Selectmen
The weekly meeting of the Board of Selectmen was held on Monday evening, January 10, 2005 at 7:30 p.m.
Present; David L. Walsh, Clerk; Peter Hamilton
George Samia, Town Administrator
Karen Grabau, Adm. Assistant
Robert Kerwin, Town Counsel
Not Present: Eric W. Greene, Chairman
Mr. Walsh noted that as voted last year, the Selectmen will automatically move to positions of Chairman and Clerk.
Public Hearing
Board met with Mr. Dana Colby, Pub 106 relative to Selectmen’s Letter of December 21, 2004 which noted that in accordance with MGL c138,s64 and c40,s57 and the By-laws of the Town of East Bridgewater, Section XIV, that the hearing was being held to consider possible suspension or revocation of the Common Victualer – All Alcoholic License at Pub 106, Inc. due to outstanding local taxes.
Present were: Dana Colby, owner/manager Pub 106
Atty. Lincoln Kaiser, representing Mr. Colby
Atty. Reed, Reed, Adami & Kaiser, PC
Frank Savino, Treasurer/Collector
Atty. Robert Kerwin presented information in book form, information as follows:
Dee and Jay Realty Trust
Ownership Information
Dana Colby business Interest
Property Information
D&J Realty Trust
Ownership Information
Dana Colby Business Interest
Property Information
D&D Realty Trust
Ownership Information
Dana Colby Business Interest
Property Information
Dana H. Colby
Ownership Information
Property Information
John P. Redder Jr. (Dee and Jay Realty Trust)
Ownership Information
Dana Colby Business Interest
Property Information
Atty. Kerwin noted that in contacting the Secretary of State’s Office today, that Dana Colby is listed as the President and Dana H. Colby as Secretary/Treasurer. Also, noted that Mr. Colby signed the renewal applications for the Pub 106 liquor license since 1999 has been the Manager of record.
Board of Selectmen -2- January 10, 2005
Atty. Kerwin explained that there are 26 properties where Mr. Colby is listed as the Trustee and 1 property as the owner; the latter property is located at Pond & Washington Street and has outstanding taxes of $6,596.45.
Atty. Kerwin summarized his report by stating that his research shows that the Registry of Deeds, board of Health and Building Department Permits all show that Dana Colby signed various papers, applications, etc. as a trustee of the various referenced trusts.
Atty. Kerwin stated that D & J Realty, Dee & Jay realty and D & D Realty owes taxes to the town of $472,488.33.
Atty. Kerwin informed the Board that he has sent a letter of request for the schedule of beneficiaries, but as of this evening, there has been no information forthcoming.
Atty. Kerwin stated that under c40,s47 there is ample grounds to revoke the liquor license for 1 property in Dana Colby’s name and the 26 properties, which are listed to Realty Trusts of which he is listed as a trustee. Recommended that the hearing be continued for 2 weeks to allow for receipt of the schedule of beneficiaries, for a deposition to take place and to allow for arrangements to be made relative to payment of taxes owed.
Atty. Lincoln Kaiser, representing Dana Colby, stated that they did not know the beneficiaries of the properties; noted that Jon Redder died in 1997; estate not settled; noted that a deposition is scheduled for January 19th; stated he could not comment on the package given to the Board by Atty. Kerwin.
Atty. Kaiser stated that they were separate and distinct entities with regard to the various properties. Stated that Mr. Colby was the owner of record of only one parcel of land. Further stated that on December 2, they were notified of lawsuit and on December 23, they were notified of the revocation hearing for tonight. Felt that 3 weeks was not a lot of time to resolve the issues. Stated that Mr. Colby was willing to place $1,000 in an escrow account each month if he was found liable, these funds would be used toward payment of the owed taxes. Stated that he disagreed with Atty. Kerwin’s interpretation of the MGL.
Atty. Kaiser noted that they have been in contact with Habitat for Humanity relative to any interest they would have in some of the properties. Also contacting abutters to see if they are interested in purchasing properties; noted that proceeds from any sale of these properties would be used to pay taxes. Stated that Mr. Colby would offer to deed property to the Town in lieu of taxes; would be no cost for land court to the town.
Atty. Kaiser stated that in regards to the revocation of the liquor license, he would asked the Board to consider what is fair; stated that it is unfair to close business and put 28 people out of work. Looks forward to working with Atty. Kerwin and felt that they were making a fair offer of settlement.
When asked by Mr. Walsh, Mr. Colby replied that he was a beneficiary of D&J Trust but wasn’t sure about Dee & Jay or D&D.
Atty. Kerwin submitted to the Board a summary of properties and taxes owed for each as shown on the tax delinquency list. Stated that he was concerned that the Board has not been told that the requested Schedule of Beneficiaries will be produced within two weeks. Stated that under c40,s51 the business involved owes taxes, it is entirely possible for the licenses to be revoked. Stated that as no promise to produce the requested Schedule of Beneficiaries, he would at this time withdraw his recommendation for a 2-week continuance.
Board of Selectmen -3- January 10, 2005
Atty. Kaiser stated that they will try to get the Schedule of Beneficiaries; if possible will make available all of the information that has been requested; noted that he felt that it was unfair to Mr. Colby, as there has not been enough time between the notice of the hearing and the hearing for them to gather their information. Stated that there were unrelated entities; not sure that they link for tax issues; noted that Dana Colby does not owe taxes, except on one property; requested time to market and sell properties.
Mr. Walsh stated that he disagreed with Atty. Kaiser as to “the board putting employees out of work” felt that Mr. Colby was the one putting them out of work.
Atty. Kaiser stated that he disagreed; felt that beneficiaries were liable, trust was liable for taxes; trying to work out a resolution with the town; will get Atty. Kerwin the information requested; will produce tax filings; confident that he can get the schedule of beneficiaries. Noted that the proceeds from any sale of land would be turned over to the town for owed taxes.
Atty. Kerwin stated that he could file in court that the trust agrees to turn over 100% of the proceeds of any land sales to the town and that any surplus proceeds would go towards paying other taxes owed. Suggested that the taxes owed for the Pond/Washington Street property could be paid prior to the next hearing date.
Atty. Kerwin went over c40,s57 and the judge’s interpretation.
Atty. Kaiser stated that he would work on getting documents requested by Atty. Kaiser and felt that at this point a continuance was fair.
Atty. Kerwin noted that in regards to the 26 properties, no over-valuation claims were made; don’t know the assessed value; market value could be more or less that what is assessed. Stated that a Deposition would be done on the 19th and a meeting would be set up at Atty. Kaiser’s office to review all documents requested.
Mr. Hamilton stated that he felt both sides need to do further work; town needs to have Assessors look at land values and Mr. Colby needs to produce all requested documentation.
Atty. Kerwin requested that the Board agreed that no further information, then what has been discussed tonight, be brought before the Board at the continued hearing.
Atty. Kaiser stated that additional information could be uncovered at the deposition or when the schedule of beneficiaries is obtained.
Atty. Kerwin stated that he was concerned that this issue could be prolonged ; not amendable to using town’s resources when Mr. Colby has a set of actions, which will conclude the matter. Recommended that the Board revoke the Pub 106 license at this time.
Atty. Kaiser stated that he felt that the board of Selectmen cannot revoke a license based on the fact that the Trust owes the taxes not the licensee; contends that the Board of Selectmen has no authority to revoke the license.
Atty. Kerwin submitted a copy of the Treasurer’s Tax Delinquency List and other documents to be placed in the records.
A discussion was held regarding an appeal of a license revocation and whether there would be a stay on the revocation until the appeal is acted on by the ABCC.
Board of Selectmen -4- January 10, 2005
Mr. Hamilton stated that he felt there was work to be done on both sides; felt that 2 weeks was a fair time frame; then with due diligence, the Board can look at the issues and vote a revocation if the information has not been produced. Felt that the Board should close the hearing to additional evidence except for the Schedule of Beneficiaries.
Atty. Kaiser stated that he objected to closing the hearing to additional information as there may be evidence that comes out during the Deposition.
M/Hamilton, s/Walsh, for purpose of discussion, move to continue Revocation Hearing on License of Pub 106 for two weeks for purpose of disclosure of Schedule of Beneficiaries and Deposition meeting with no further evidence to be submitted other than beneficiaries and tax information and that the continued hearing is being held for the purpose of possible suspension or revocation pursuant to MGL c.138,s64, c.40, S57 and the By-laws of the Town of Eat Bridgewater Section XIV.
Atty. Kaiser had no objection.
Mr. Walsh stated that he was not comfortable with the two week continuance, had expected a resolution tonight. Stated that he had no intention of continuing the hearing past January 24 and will support motion.
Vote: Yes – Hamilton, Walsh; a unanimous vote in favor.
Hearing adjourned at 8:35 p.m.
M/Hamilton, s/Walsh, a unanimous vote, move to approve the minutes of the December 20, 2004 meeting.
M/Hardy, s/Walsh, a unanimous vote, move to approve the appointment of Fire Chief Ryon Pratt as Director of Emergency Management for the Town of East Bridgewater effective January 1, 2005 – December 31, 2005.
M/Hamilton, s/Walsh, a unanimous vote, move to approve the articles submitted for placement on the warrant for the Special Town Meeting and to close the warrant for the Special Town Meeting to be held on Monday, January 31, 2005.
M/Hamilton, s/Walsh, a unanimous vote, move to approve the request of Mary Coelho of the E.B. Arts Council for use of the Town Hall lawn for Pony rides or Camel rides and Town Hall restrooms on June 12, 2005 from 12 noon – 5:00 p.m. during the Festival of the Arts.
Town Administrator Report
Working on recommendations relative to collective bargaining
Correspondence
Meeting in Kingston re: County Retirement Assessments – Feb. 2, 1:30 p.m.
Letter from Town of Kingston re: 40B housing – request Planning Board to meet with Selectmen to discuss this issue.
Board of Selectmen -5- January 10, 2005
Board Discussion
Mr. Walsh noted that Sen. Joyce had contacted him; Governor’s Budget should be out shortly; felt that Town was on the right track and should continue.
Economic Development – Information received from Rep. Teahen regarding available grants, etc. Agreed that this information should be reviewed with Depts. Heads, Requested that copies of the information be forwarded to all departments.
Civic Leadership - sponsored by Bridgewater State College – will have a list of interested persons by next week. Waiting to here from Dr. DeSantis as to dates and times.
Finance Committee vacancy – Finance Committee will be interviewing interested persons and will submit their recommendation to the Board.
Sewerage Committee – Mr. Walsh will continue as the Board’s representative
Economic Development Committee – Mr. Hamilton will be Board’s representative and will set up a meeting with interested persons and will report back to the Board after they meet.
Atty. Robert Kerwin announced that Tarlow, Breed, Hart & Rodgers has donated $2,000 to be used for the Civic Leadership course and for economic development seminar.
M/Hamilton, s/Walsh, a unanimous vote, move to accept a check in the amount of $2,000.00 for Civic Leadership course and economic development seminar from Tarlow, Breed, Hart & Rodgers, P.C.
Board thanked Atty. Kerwin for the generous donation from his law firm.
Atty. Kerwin noted that the economic development seminar would be with Robert Foley and would be on smart growth. Board requested Atty. Kerwin to set-up tentative dates and report back to the Board.
Mr. Hamilton suggested that a Board member be liaison to the Rails & Trails Committee. Stated that he would contact Howard Wilbur.
Board agreed that once STM is completed, that they set up a time to discuss establishing a DPW.
Board stated that they would hold action on the COA donated van for 1 week. Will vote on contracts at next meeting.
Board requested that a meeting be set for the 2nd week in February to discuss with John Haines trash pickup, contract, etc.
Atty. Kerwin reported that he has spoken to the EPA regarding the Eastern States Steel; has a conference call with EPA tomorrow; noted that there has been someone on property removing items; Fire Chief locked gate on Friday due to safety reasons.
Atty. Kerwin noted that Law Day would be held on January 13 at the Middle School Auditorium.
Reminders:
Holiday – Monday, January 17 – Town Hall closed
January 18 – Board of Selectmen’s meeting
Board of Selectmen -6- January 10, 2005
M/Hamilton, s/Walsh, move to close Open Session and go into Executive Session for the purpose of discussing contract negotiation strategy, labor issues and pending litigation and will not be returning to Open Session.
VOTE: Yes – Walsh, Hamilton; a unanimous vote in favor.
Open Session adjourned at 8:55 p.m.
_____________________________Clerk
Board of Selectmen
The weekly meeting of the Board of Selectmen was held on Tuesday evening, January 18, 2005 at 7:30 p.m.
Present: David L. Walsh, Chairman pro-tem
Peter Hamilton, Clerk pro-tem
George Samia, Town Administrator
Catherine Johnson, Senior Clerk
John Stuebing, Town Counsel
Not Present: Eric W. Greene, Chairman
Appointment
Cancelled.
Action Items
M/Hamilton, s/Walsh, a unanimous vote, approve, with changes, the minutes of the January 3, 2005 meeting.
M/Hamilton, s/Walsh, a unanimous vote, approve the contract for the BAT van for the Council on Aging.
Town Administrator’s Report
Grievance Hearing held with clerical union
Letter sent to all unions relative to negotiations
Grant information distributed to department heads
Attended Law Day
Produced a proposal for possible layoffs and possible reductions in the current budget.
Mr. Walsh explained the plan to address the downfall in the economy that would take us into the next 3 years, consisting of equal dollars in to equal dollars out. Mr. Walsh further explained that we are now into the forth year, asked departments to submit budgets with their impact statement, then broke the Board of Selectmen up into liaisons with the various departments and reviewed the budget with some of those departments. Mr. Samia, Town Administrator, was tasked with Town Government as a representative of the Board of Selectmen. Mr. Walsh explained that the Board of Selectmen asked Mr. Samia to look further into possible savings and reductions in Town Government, Mr. Samia presented a proposal to the Board of Selectmen with possible reductions in the workforce in the Town Hall equating to $170,000 in savings in Town
Government. Mr. Walsh stated that the Finance Committee has been made aware of this plan and voted unanimously to support it in concept and will review when they get the budget packages and sit down with department heads.
Mr. Walsh stated that he would entertain a motion to support this endeavor and let Mr. Samia pursue this, to go into negotiations to potentially realize the savings to the Town of $170,000.
M/Hamilton, s/Walsh, a unanimous vote, support the realignment of specific Town Government department budgets to realize a potential savings of $170,000.
Board of Selectmen -2- January 18, 2005
John Keefe, Board of Health member, Linda Libby, Board of Assessors, David Philips, Board of Assessors, Cheryl Pooler, Administrative Assessor, Marcia Weidenfeller, Town Clerk and Frank Savino, Treasurer/Collector were present for further explanation from the Board regarding the
reduction in the work force. Mr. Walsh stated that the Board has to go into talks with the Union before he can go into details with regards to the reduction in the workforce.
Mr. Walsh stated that the Board’s goal is to reduce and save $170,00 in 2005.
The various department heads requested a meeting with the Board of Selectmen before making their recommendations with regards to their specific departments.
Mr. Samia explained that Union negotiations will have to take place before an announcement can be made as to what the Town will be doing.
Mr. Samia gave an overview of the Budget over the last few years and explained that the adjustments to the Town has been in line and needed at this time in the Towns budget process.
Pending Issues
Civic Leadership course – Board would like to be appraised of the date the course will start.
Finance Committee vacancy – Finance Committee plan on making a recommendation to the Board next week.
Trash Collection – Board would like to invite John Haines, Highway Surveyor in to go over trash issues.
DPW – would like to have a dialogue and discussion session in the coming weeks.
Economic Development Committee - Update.
COA Director questions to Town Counsel regarding ordinance and volunteers – Town Counsel gave the Board an overview of the situation and suggested that the Town write up a bylaw that would authorize a grant by vendors to the Town so the town employees could travel for what the grant is for.
Mailbag
Received a recycling Grant for $385.00, for stickers for bins and 50 scrap buckets.
Sewerage Feasibility study Committee meeting on Thursday, January 20, 2005.
Reminders
Recycling week
January 31, 2005 – Special Town Meeting @7p.m. at the Middle School
Recycling calendars available at Town Hall.
Law Day – was taped and will be available on the local access channel in the near future.
Board of Selectmen -3- January 18, 2005
Open Forum
Russ Hannigan was present to ask the residents to write their congressmen and representative and express their support for the military programs currently running on EBCTV and to urge the military to continue this service.
M/Hamilton, s/Walsh, move to close Open Session and go into Executive Session for the purpose of discussing negotiation issues and pending litigation and will not be returning to Open Session.
VOTE: Yes – Hamilton, Walsh; a unanimous vote in favor.
Meeting adjourned at 8:20 p.m.
____________________________Clerk, pro-tem
Board of Selectmen
The weekly meeting of the Board of Selectmen was held on Monday evening, January 31, 2005 at 6:02 p.m.
Present: David L. Walsh, Chairman, pro-tem, Peter Hamilton, Clerk pro-tem
George Samia, Town Administrator
Catherine Johnson, Senior Clerk
Robert Kerwin, Town Counsel
Elaine Sands, Assistant Town Treasurer was present to have a bond anticipation note signed regarding two highway trucks.
M/Hamilton, s/Walsh, a unanimous vote, to designate Town Administrator George Samia and Fire Chief Ryon T. Pratt as the Town’s collective bargaining committee to represent the Town and act in its interest in negotiating collective bargaining agreements subject to the review and approval of the Board of Selectmen and Town Meeting.
M/Hamilton, s/Walsh, a unanimous vote, approve the minutes, with the corrections, of the January 10, 2005 meeting.
M/Hamilton, s/Walsh, a unanimous vote, approve the minutes of the January 18, 2005 meeting.
M/Hamilton, s/Walsh, a unanimous vote, approve, with regret, the resignation of Derik Margarit as a member of the Conservation Commission effective immediately.
M/Hamilton, s/Walsh, a unanimous vote, approve the recommendation of the Conservation Commission and appoint Susan Mulloy as a member of the Conservation Commission, to fill the vacancy of Derik Margarit, for the period of January 24, 2005 to June 30, 2006.
M/Hamilton, s/Walsh, a unanimous vote, approve the recommendation of the Finance Committee, the appointment of Jeff Lutazzi, to fill the vacancy of Peter Hamilton, to the Finance Committee effective immediately through June 30, 2007.
M/Hamilton, s/Walsh, a unanimous vote, to hold a Hearing Monday, February 7, 2005, with Mr. Joseph Cooke regarding the Entertainment License for the Casa Loma relating to the December 20, 2004 meeting where the Board requested information regarding a plan going forward.
6:20 p.m. meeting to adjourn awaiting Town Counsel.
6:35 p.m. reopening of meeting
Town Counsel, Robert Kerwin and Dana Colby’s Counsel, Lincoln Kaiser were present to discuss the possible resolution to the matter of Mr. Colby’s unpaid taxes.
Attorney Kaiser stated that his client is in agreement to paying a judgment amounting to $252,000.00.
M/Hamilton, s/Walsh, a unanimous vote, based upon an unopposed motion, move to adjourn the meeting until Monday, February 7, 2005 at 6:00 p.m. at Town Hall.
Board of Selectmen -2- January 31, 2005
M/Hamilton, s/Walsh, a unanimous vote, move to adjourn Selectmen’s meeting at 6:45 p.m.
VOTE: Yes – Hamilton, Walsh; a unanimous vote in favor.
Meeting adjourned at 6:45 p.m.
____________________________Clerk, pro-tem
Board of Selectmen
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