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December 28, 2009
                       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
              12/28/09  
6:00 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 7:05PM.

Rock Pond Restaurant License Renewal
Mr. Robert Donovan, Manager Rock Pond Restaurant was present.

Mr. Trapani asked if Mr. Donovan or the owners have made arrangements for payments of overdue bills/taxes.

Mr. Donovan explained that he met with Wayne Snow, Light Department and opened an account in his name with a deposit of $6,000, paid the overdue amount on the Water Department bill, and made a $200 payment on the Personal Property tax and signed an agreement with the Treasurer/Tax Collector for future payments.  He stated that the Electric Lien would be paid when the business is sold.

Board asked about his management agreement with the Rock Pond Restaurant owners.  Mr. Surface asked to see a copy of the agreement.  Mr. Donovan explained the agreement and that he plans to purchase the restaurant over the next 3-5 years.  He stated that he is working with his attorney on a new contract and should have this February 1st.  Mr. O’Reilly stated that the licenses are in Mr. Farah’s name why he is not present.  Mr. Donovan stated that Mr. Farah has signed the licenses but is not part of the operation under the agreement.  He stated that he would be applying to change the manager name.  

Discussion on agreement document and if Mr. Donovan has the right to apply for the licenses.  Mr. O’Reilly stated that they are not dealing with the owner.  Mr. Fowler stated Electric bill should have been dealt with last year when payments stopped.  Mr. Smith stated that the utilities can be shut off for non payment.  Mr. Surface stated that he would like for Mr. Donovan to return in February and if payments have not been made they can vote to revoke the licenses.

Mr. Surface moved to renew the Common Victualler, Automatic Amusement, and Live Entertainment Licenses for H & S Farah Enterprises, LLC dba Rock Pond Restaurant until December 31, 2010. Mr. Smith seconded the motion.

Discussion on ability to approve the licenses when not in good standing with the town.  Mr. Farrell stated that the bylaw allows the board to go into an agreement for payment.  Mr. O’Reilly was concerned the licenses are in Mr. Farah’s name and he is not present.  Mr. Donovan stated that he does have a dba in Rock Pond Restaurant name.  

Vote was 3 in favor, 2 against, motion was approved.

Mr. Surface moved to approve the All Alcohol/Restaurant License for H & S Farah Enterprises, LLC dba Rock Pond Restaurant until December 31, 2010.  Mr. Smith seconded the motion and the motion was approved by a 3-2 vote.

Board asked Mr. Donovan to return in to a Selectman’s meeting February to update the board on payments.

Mr. Surface moved to adjourn.  Mr. Smith seconded the motion and the motion was approved by a unanimous vote.  

Meeting adjourned at 7:35PM.

Minutes transcribed by J. Pantano.

Minutes approved January 11, 2010.