Memorial Town Hall, 1 Library Street, Georgetown, MA 01833
Ph. (978) 352-5755 z Fax (978) 352-5727
BOARD OF SELECTMEN MEETING MINUTES
Memorial Town Hall
Third Floor Meeting Room
5/16/11
7:00 PM
Selectmen Present: C. David Surface, Chairman; Gary Fowler, Clerk; Philip Trapani; Stephen Smith; Stuart M. Egenberg
Others Present: Michael Farrell, Town Administrator; Janet Pantano, Administrative Assistant;
Absent:
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Call to Order
Mr. Trapani called the meeting to order at 7:00PM.
Mr. Trapani and the board members congratulated Gary Fowler on his reelection and Stuart Egenberg on his election to the Board of Selectmen.
Board Reorganization
Mr. Trapani stated that the board would reorganize and he stated that two years as chair was enough and asked for nominations.
Mr. Smith moved to nominate David Surface as Chairman of the Board of Selectmen. Mr. Fowler seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani moved to nominate Gary Fowler as Clerk of the Board of Selectmen. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Surface took over as Chairman of the Board.
Public Hearing-Continued from April 11, 2011
Sports Depot at Rock Pond Restaurant-Continued Entertainment License public hearing
Mr. Surface opened the public hearing and stated that all who speak need to give their name and address and be sworn in.
Mr. Surface stated that he would like to hear from the neighbors, Mr. Buswell, and a report from the Police Department.
Lisa Peart, 201 West Main St stated that he moved some bands inside but over the weekend he had a band and she could hear them but it was not that loud. She stated difference in opinion on who is responsible for patrons in parking lot. She stated she thought there was a band on Friday but it is just someone in parking lot with the radio on.
Chris Ann Sullivan, 205 West Main St was sworn in as she did not speak at the first hearing. She stated she thought issues were confused of noise inside with the bands and noise outside in the parking lot. She stated town does not protect them from noise as there are no laws. She stated that the business has the right to have entertainment but she asks that something be done to insulate the building. She stated that he has had bands over the last few weeks and has moved them inside to the bar area and she has not heard them so this is good. She stated that noise in parking lot is annoying but comes with the territory. Mr. Smith asked if there was a traffic issue with band or any other night. Ms. Sullivan stated she does not notice but her husband does notice an increase in
traffic. Mr. Fowler stated that the board did note the two different issues of the bands and parking lot noise. He stated that Mr. Buswell is making some effort to cut down the noise. Mr. Trapani stated that we are making some progress with the bands but there are still some issues with traffic. She stated that on Saturday a band did play in the front and they did hear the noise.
Nancy Aberman, 199 West Main Street stated that she has not heard the bands at all from any night and that these bands have had a different type of music. She stated that she does not hear patrons leaving from her home unless the windows are open. She stated that she was chair of the Library building committee and met with residents with concerns of neighbors and they listened to their concerns and made changes. She hopes they will listen to them and take there concerns into consideration.
Officer Kevin Defeo was sworn in. He stated the only complaint the PD had was on April 21 and it was noise in the parking lot and when they got there it was over. Mr. Trapani asked Officer Defeo how other communities have dealt with similar issues. Officer Defeo stated the parking issue they dealt with one night and they do not have issues at other establishments in town. He stated for a patrol to park in the area makes it look like they are looking for drunk drivers and would not be good for his business and them. He stated maybe after a game they could have an employee outside moving patrons on.
Stu Egenberg asked if they can put up signage asking patrons to be aware of residents and be courteous when leaving. He asked for comments from neighbors on solutions and at the end of day that everyone works together.
Mr. Surface asked Kevin Buswell, owner to come forward. Mr. Surface asked how many bands have they had play since the last meeting. Mr. Buswell stated four bands inside the bar area and one in the outer area on Saturday May 14. He stated that for the band “Don’t Call Me Shirley” he has to use the outer room as they draw a large crowd. He stated that they are a quieter band and it is not a loud crowd. He stated that he plans to have bands only once a month. He stated that he is doing this for the town it is what residents are asking for. He stated he needs to know a level to put in soundproofing. Mr. Surface stated that they do not have a decimal limit but they want everyone to be happy and the neighbors to be able to live peacefully. Mr. Fowler stated
he would like to work to a level that is acceptable without a new bylaw. Mr. Surface asked that they try to educate patrons by putting up signage and have the bartenders let people know to respect neighbors when leaving. He asked him to call the Police Dept to keep noise down if he anticipates a crowd and a noise issue. Mr. Smith asked if they could duplicate the soundproofing of the inside room and maybe that could be used as a measurement as when bands are in this room neighbors do not hear the noise. Mr. Buswell stated that it is just $1500 for an engineer to come in and he needs a level to know what to tell him. Mr. Trapani stated if he was the owner he would want to know the sound limits and he said this will come up again and we should look at limits and allow the board some enforcement and the owner some guidance. Mr. Buswell stated that no bands are scheduled until July 9th. He stated he wants to be a member of the
community and wants to be successful. Mr. Egenberg asked if the noise is from the main area in front. Mr. Buswell stated that it was. Mr. Fowler stated that it is good to hear that he is reaching out to the neighbors. He stated that there is a larger room at the other end is there any plans to move to other side. He stated that is a $1m building and that he is not looking to expand right now. Mr. Surface stated a sign by door and education of patrons should help. He stated that he may still want to look into a detail officer when bands play. Mr. Buswell stated that no one will come if Police are present. Mr. Surface asked if a staff member could reinforce patrons to be quiet in the parking area. He asked Mr. Buswell to research the soundproofing.
Mr. Surface asked if there is a motion to suspend the Sport Depot Entertainment License. No motion made.
Mr. Trapani stated that they have seen some progress with the neighbors and owner and he hopes they can move forward. Mr. Egenberg stated not have Police out but the presence of an officer does help and signage will help. Mr. Fowler stated that Ms. Peart is concerned with the parking lot noise. Ms. Peart stated during the week is her concern they keep her awake. She stated that when the license renewal comes up again that they review the license. Mr. Surface stated that they will look into sound levels and what other towns are doing. Mr. Smith asked what the restaurant hours are. Mr. Buswell stated that they serve food until 11PM.
Mr. Trapani moved to close the Public Hearing on the Sport Depot at Rock Pond Entertainment License. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Warrant & Minutes
Mr. Surface stated that they have the warrant to sign.
Minutes of May 2, 2011
Mr. Trapani moved to approve the minutes of May 2, 2011. Mr. Fowler seconded the motion and the motion was approved by a unanimous vote.
Mr. Surface congratulated Mr. Farrell for receiving his credentials from the ICMA.
Selectman’s Report
Mr. Surface stated congratulated Mr. Trapani on his chairmanship and the great job he has done over the last two years. Mr. Trapani stated that two years is enough time and time to pass on.
Mr. Surface stated that he would like to have each member to look at their goals and reflect on areas of town that they would like to work on. He stated that he would like to meet with each and see where their interest is and have a member at different board meetings to keep current on what is happening in town.
Town Administrator’s Report
Mr. Farrell stated that he had the monthly spending and revenue reports. He stated that we have gone through 83% of the year. He gave an update on accounts and passed out reports. He had last years end of year report for them to compare. He stated that 94% of real estate taxes are collected which is very good. He stated that the Town is in very good shape as we were last year. He stated with 83% of the year we are at 84% spending but after town meeting we are at 81%. He stated later in the meeting will be asking for some transfers. He stated that they have about $200K in medical expenses which we will not have next year and this will go to Free Cash. Mr. Trapani asked about an unpaid Perley School roof bill and if it would make an impact. Mr. Farrell
explained that the bill is now being covered by our insurance. He stated they will be getting back $42K from a warrant article for the boilers at Pennbrook that was not spent and this will also go to Free Cash. He stated that they will also be getting some funds from the Assessors from one of their accounts. Mr. Egenberg asked about the Snow & Ice account. Mr. Surface and Farrell explained how this account is low funded and that this is the only account that can be deficit spent.
Line Item Transfers & Reserve Fund Transfers
Mr. Farrell explained that they have some line item transfers and some reserve fund transfers. He explained the line item transfers.
Mr. Trapani moved to approve the line item transfer from account 12131, Public Safety Bldg Utility $4,000 to account 12118, Police Operating Expense $4,000 to cover unanticipated fuel prices. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani moved to approve the line item transfer from account 19141, Health Insurance $6,200 to account 19161, Medicare Insurance $6,200. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani moved to approve the line item transfer from account 19141, Health Insurance $912 to account 11227, Town Administrator Salary $912 to cover contractual obligations. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Reserve Fund transfers
Police-Crossing Guard Account 12115
Mr. Farrell explained where the deficit came from.
Town Counsel Expense-11511
Mr. Farrell explained that there was an expensive jury trial in the fall which bumped up the cost. He stated that this brings us up to $100,000 which is where we are usually at.
Mr. Surface asked what the balance is in the reserve fund. Mr. Farrell stated that it was at approximately $40,000.
Mr. Trapani moved to acknowledge the Reserve Fund transfer of $700 to account 12115, Crossing Guards. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Smith asked why we vote on these transfers if it is not in our purview. Mr. Fowler asked if the FinCom has voted. Mr. Farrell stated that the FinCom has not voted on these transfers. Mr. Surface stated it lets the FinCom know how the board feels on the adjustment.
Mr. Trapani moved to acknowledge the Reserve Fund transfer of $20,000 to account 11511, Town Counsel Expense. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani asked if Town Counsel would be coming to a meeting to update the board on litigation. Mr. Farrell stated that Town Counsel would be coming to a meeting in June.
Board Business
Chaplin Hills-Settlement Agreement
Mr. Surface explained that this is an agreement to complete the roadway improvements at the Chaplin Hills Subdivision by the bond company. He stated that the Planning Board already voted on the agreement. Mr. Farrell stated that Nick Cracknell and the Planning Board have worked hard to make this work and it has been two years. He stated that the town asked for legal fees and will receive 2/3rds $11,000 which will go to free cash.
Mr. Smith moved to approve the Settlement Agreement for Chaplin Hills with the Town and Safeguard Insurance Company. Mr. Egenberg seconded the motion and the motion was approved by a unanimous vote.
Appointments
Mr. Surface stated that they have a request from Arthur J. Murphy, Jr to be reappointed as a Constable for Georgetown.
Mr. Smith moved to appoint Arthur J. Murphy, Jr. as Constable for the Town of Georgetown term to expire June 1, 2014. Mr. Trapani seconded the motion and the motion was approved by a unanimous vote.
Correspondence
Mr. Surface stated that we have received notice of the Household Hazardous Waste Day to be held on Saturday, June 18, 2011 at the Pennbrook School from 9AM-1PM.
Mr. Trapani moved to adjourn. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Meeting adjourned at 8:20PM.
Minutes transcribed by J. Pantano.
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