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
12/21/09
7:00 PM
Selectmen Present: Philip Trapani, Chairman; Evan O’Reilly; Gary Fowler; Stephen Smith, Clerk; C. David Surface
Others Present: Michael Farrell, Interim Town Administrator; Janet Pantano, Administrative Assistant;
Absent:
_______________________________________________________________________
Call to Order
Mr. Trapani called the meeting to order at 7:00PM.
Minutes
Mr. O’Reilly moved to approve the Executive Session and Regular Session minutes of December 7, 2009. Mr. Smith seconded the motion and the motion was approved by a 4-0 vote. Mr. O’Reilly abstained.
Mr. O’Reilly moved to approve the Regular Session minutes of December 14, 2009. Mr. Smith seconded the motion and the motion was approved by a 3-0 vote. Mr. Smith and Mr. Fowler abstained.
Correspondence
Mr. Trapani stated that they have a request from Colleen Ranshaw-Fiorello, CoA Director for the BoS to ask that MVRTA/Ring & Ride add Newburyport as a general destination for Georgetown. Mr. Farrell explained that they now go to Anna Jacques Hospital in Newburyport but no other destination in Newburyport. Mr. Trapani asked if they need to vote on this. Mr. Farrell stated that they do need a vote and there is a letter for the board to sign that will go to Joe Costanzo/MVRTA.
Mr. O’Reilly moved to amend the MVRTA contract to include Newburyport as a general destination. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani stated that they have a draft lease agreement from MVRTA for a CoA van. He stated that the board would vote contingent on legal review of the final contract. Mr. Farrell explained that the current CoA van is 15 years old and has not been starting in the cold weather. He stated Ms. Fiorello has done a lot of work to obtain this vehicle/lease and that this van will be a 5-year old van. He explained that Ms. Fiorello is also pursuing funds through the State for a new van.
Mr. O’Reilly moved to accept the lease agreement with MVRTA for a CoA Van pending legal review and to allow the Town Administrator to sign the final document. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. Trapani stated that they have received a DoR FY2010 Tax Bill Bulletin regarding extension of the mailing of Tax Bills. Mr. Farrell explained that we do not need this Bill but he likes to have a belt with his suspenders. He stated that this allows them to send the 3rd qtr bill out late in January because of the delay at the DoR and have payments due in February. He stated that the Assessors, Treasurers Office, and Selectmen Surface have worked hard to make sure Georgetown is in a good position. He stated Munis was in today and a tax bill proof should be in tomorrow and the tax bills will go out immediately after Christmas and will make the Dec 31st deadline. He stated that he would like to adopt the bill just in case of emergency. Mr. Trapani stated that there
is no risk to approve the Bill.
Mr. Surface moved that the Town of Georgetown accept Chapter 183 of the acts of 2009 to extend the time for mailing the actual tax bills for fiscal year 2010 until January 30, 2010. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
New Business
License Renewals
Mr. O’Reilly moved to approve the Second Hand Shop License for Instant Replays and Little’s Block of Shoppes until December 31, 2010. Mr. Surface seconded the motion and the motion was approved by a unanimous vote.
Mr. O’Reilly moved to approve the Common Victualler License for Village Sub and Pizza and Charles C. Dame Lodge AF & AM until December 31, 2010. Mr. Smith seconded the motion and the motion was approved by a 3-0 vote. Mr. Trapani and Mr. Surface abstained.
Rock Pond Restaurant License Renewals
Mr. Robert Donovan was present representing Rock Pond Restaurant.
Mr. Trapani explained that last year they had an agreement with Rock Pond Restaurant on their Electric Bill and set up a payment plan but the owners did not fulfill the payment plan.
Mr. Donovan stated he saw the agreements and stated that he has taken over since October 1 and has increased sales. He stated that he just looked at this recently and he met with Mr. Snow and they did not come up with an agreement and he stated that his plan is to buy out the owner in the next 3-5 years. He stated that the Electric Dept has a lien on the property now and this will get paid off when the business is sold. He stated he can not make a promise of a payment amount but he could pay a percentage of sales. He stated that he would like to offer them something. He stated that what he is offering is better then it was before. He stated that he sees potential in the restaurant and his background is in catering and he wants to move forward in that direction. He stated that he has a
party booked in January and would ask for a one day liquor license if they do not approve his liquor license. Mr. Surface asked if he added Electric, and Water bills in his numbers. He stated that he had misc amounts for utilities. Mr. Surface asked that relationship he had with the owners. Mr. Donovan stated that they are a management company and have come in for 120 days and then they will go on the Mortgage with the option to buy over the next 3-5 years. Mr. O’Reilly stated that they need to apply to change Manager in January after approval. Mr. Trapani stated that the bylaw does not allow them to approve without taxes being paid and with the owner not present and past history it is difficult to approve. He stated that they are in a difficult position. He stated that he would agree to approve with payment of bills by December 28. He stated that he does not know why they are having this discussion on December 21st. Mr. Trapani stated that he would give an approval with
bills paid off by December 28th or a payment plan agreed upon by the Electric Department, Water, and taxes. Mr. Donovan stated that debt is from previous owner. Mr. Surface asked if he could ask for this renewal as he is not the owner and do we have a signature of the owner. Mr. Farrell stated that we do have a signed renewal request from the owner. Mr. Farrell asked if they had received a disconnect notice. Mr. Donovan stated no. Mr. Surface read the bylaw. Mr. Farrell read a further amendment to the bylaw for a payment plan. Mr. Trapani stated that next Monday they would meet and he must pay the Personal Property Tax, Water Bill and have a payment plan with the Electric Department.
CAT Loader Agreement/Highway
Mr. Trapani stated that they have the lease agreement for the Highway CAT Loader. Board requested a copy be forwarded to legal for review.
Mr. Surface moved to approve the lease agreement for the Highway CAT Loader with review by Town Counsel. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
Town Administrator Contract
Mr. Trapani stated that Mr. Farrell has provided wisdom and experience to this board. He stated that he has had positive comments from staff and citizens and he is glad to continue working with him for the next 6 months. He stated that over the next 6 months they will be working with the Government Study Committee to determine what is needed in the Town Administrator position. Mr. Surface, Mr. Smith and Mr. O’Reilly stated that they are glad to have him here. Mr. Farrell stated that he has enjoyed being here and that all votes taken since he has been working for the board has been unanimous and the board members all work well together. He stated that the staff and department heads also all work well together.
Mr. Surface moved to extend the employment agreement with Interim Town Administrator Michael Farrell from January 1, 2010 to June 30, 2010. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
ZBA/43-47 West St
Mr. Trapani explained that his was a 40B that was approved by a previous Select board and that this is a notification that the applicant wants to make a modification to the approved plan. He stated that they want to change from a 55 and older Condo Unit building to any age. Mr. Farrell stated that they originally thought the BoS would have to vote but council has notified them that the BoS do not have to vote. Mr. O’Reilly asked where we have reached our percentage of affordable units through DHCD does this change anything. Mr. O’Reilly stated that he would be sending a letter on his own recommending that the ZBA deny the request as this modification changes the original request. Mr. Fowler stated that he was at the recent hearing and the applicant stated that there would be no
change to the usage of utilities. Mr. Trapani stated that he wants to know if they can dictate age for a development. Mr. Fowler asked if K & P ruled that the BoS need to vote. Mr. Farrell stated that the State has said that the BoS do not need to vote and that Kopelman & Paige is very conservative with there opinion. Mr. Trapani asked for the ZBA to come to next meeting to discuss. Discussion on date of the next ZBA meeting and that it may be before the next BoS meeting. Mr. Trapani stated if members had comments to send them to Mr. Farrell and he could pass on the ZBA.
Mr. Surface moved to adjourn. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
Meeting adjourned at 8:30PM.
Minutes transcribed by J. Pantano.
Minutes approved January 11, 2010.
| 
