MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: September 23, 2003
Date of Transcription: September 24, 2003
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER
NOTE: Selectman Tropeano became Chairman for the evening.
The meeting was called to order at 7:00 P.M.
MOTION: Selectman Sauvageau moved to have Selectman Pillsbury be Acting Clerk for this evening. Selectman Tropeano seconded.
VOTE: Unanimous (3-0-0)
A. Roll Call
Selectmen Present: Patrick Tropeano, Acting Chairman
Mary Jane Pillsbury, Acting Clerk
Bruce Sauvageau
Absent: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the BOS: James Newman
Mr. Newman asked the BOS to attend the 11/11/03 Veteran’s Day Parade.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: I, Mary Jane Pillsbury, Acting Clerk of the Board of Selectmen of the Town of Wareham, Massachusetts, certify that at a meeting of the board held on 9/23, 2003, of which meeting all members of the board were duly notified & at which a quorum was present, the following vote was passed, all of which appears upon the official record of the board in my custody:
VOTED: (1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $13,250,000 (the “Bonds”) pursuant to Chapters
29C and 44 of the General Laws and a vote of the Town passed April 23,
2001 (Article 18), for construction of water pollution control facilities (the
“Project”);
that each Bond shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;
that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond, and to execute a Loan Agreement with the Trust with respect to the sale of the Bonds, such date, from and maturities and the specific interest rate or rates of the Bonds to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds;
that all action taken to date by the Town and its officers and agents to carry out the Project and its financing , including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and
that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement and the Project Regulatory Agreement relating to the Project.
I further certify that the vote was adopted at a meeting open to the public, that no vote
was taken by secret ballot, that notice stating the place, date and time of the meeting was
filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or
on the principal official bulletin board of the town at least 48 hours, including Saturdays
but not Sundays and legal holidays, prior to the time of the meeting and remained so
posted at the time of the meeting, that no deliberations or decision in connection with the
sale of the Bonds were taken in executive session, and that the official record of the
meeting was made available to the public promptly and remains available to the public,
all in accordance with G.L. c.39, s.23B as amended. I further certify that the vote has not
been amended, supplemented or revoked and remains in effect on this dater. Selectman
Sauvageau seconded.
VOTE: Unanimous (3-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
(NONE)
NOTE: The meeting proceeded w/ item VIII. Selectmen’s Reports.
1. Selectman Pillsbury - Asked re: the status of the zoning re-write. Selectman Sauvageau understands the Zoning Re-Write Committee is making progress. He stated they have outlined the zoning map & some changes. He stated the committee would present parts of zoning at Town Meeting floor in the form of articles to concentrate on specific issues instead of just one large article.
Selectman Tropeano stated in April the committee would present some changes & it would be difficult the deal w/ on large change at one time.
2. Selectman Sauvageau - The Cable Advisory Committee would meet on 9/25. He stated the committee has retained counsel & would now be requesting information from various groups. He added that services vs. fees would also be an issue for discussion.
Selectman Pillsbury feels some of the meetings of the Zoning Re-Write Committee should be televised to keep the public up-to-date on what is going on. Selectman Tropeano agreed.
Selectman Sauvageau stated he would like to see Town Meetings televised & discussed reasons he feels this is important. Discussion ensued.
NOTE: The meeting proceeded w/ item VII. Business - A. Discussion of Town Meeting Warrant articles.
Article 12 - By-law Change - Duties of Moderator & Town Meeting Time
Selectman Sauvageau expressed concern re: the quorum indicated in the article which would require seven votes which in turn would mean seven people would be in control of Town Meeting. He would favor an amendment of the article to state a majority vote (51%). Discussion ensued.
B. Any other business.
Selectman Tropeano discussed a newspaper article dealing w/ the matter of the BOS & the Admin. going to the Gateway Tavern for drinks to celebrate the BOS Chair’s engagement. He stated the article made it seem like this was improper. He quoted the open meeting law, which clearly states such a social gathering is proper.
Selectman Tropeano expressed concern re: the two individuals getting married have now had some of their happiness stolen from them because of the announcement in the newspaper. He doesn’t feel this was a proper way in which to utilize a newspaper.
Selectman Pillsbury feels that the portion of the open meeting law that Selectman Tropeano read is the most mis-understood. She attested that nothing was discussed pertaining to the conduct of the Town at that gathering. Selectman Sauvageau attended as well & stated this gathering should not have been misconstrued.
V. LICENSES & PERMITS
A. Hearing -Application for Transfer of an Existing Year Round Common Victualer All Alcoholic Beverages License from Brendan J. Crosby, Inc. d/b/a The Raven, Brendan J. Crosby, Manager, 2691 Cranberry Highway, Wareham, MA to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA , under the provisions of Chapter 138 of the MA General Laws for the year 2003.
Present before the BOS: Jacquelyn Hoban
Lenord Bello, Attorney
James Hoban
MOTION: Selectman Sauvageau moved to open the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
Mr. Bello submitted the green return receipts.
Mr. Bello stated Ms. Hoban is looking to take over the business. He stated there is a purchase & sales agreement contingent upon the transfer of the license. He stated the existing business has been closed. He spoke re: the prior application of Kaimo Corp. which was denied by the ABCC, thus the new owner (Ms. Hoban) has the purchase & sale of the real estate & the transfer of stock would have to be made to Ms. Hoban. He stated the name of the establishment would be changing.
Mr. Bello showed the BOS members a diagram of the establishment & the menu. He stated there would be a full kitchen w/ monies invested to change the interior & enlarge the kitchen & eliminating the pool tables. He stated the main business would be a restaurant. He added that the new Subway business was another project of the Hoban’s.
Selectman Tropeano stated that no CORI report has been received & no change of interior documentation has been received. Mr. Bello stated this would be on going & when the change of premises begins, the Hoban’s would come back for a change of premises application.
Mr. Hoban discussed the proposed changes to the establishment. He stated that Ms. Hoban has been TIPS certified. Mr. Bello stated the policy would be to card everyone. Mr. Hoban added that they would have cameras in the establishment as well.
Present before the BOS: Gerald Barrows
Mr. Barrows stated he is glad there would be another restaurant to go eat at.
No one spoke against the application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Pillsbury moved the BOS approve the application for Transfer of an Existing Year Round Common Victualer All Alcoholic Beverages License from Brendan J. Crosby, Inc. d/b/a The Raven, Brendan J. Crosby, Manager, 2691 Cranberry Highway, Wareham, MA to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA , under the provisions of Chapter 138 of the MA General Laws for the year 2003 contingent upon receipt of a positive CORI report. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
NOTE: Brief discussion ensued re: if an entertainment license has been advertised.
B. Hearing - Application for Public Amusement License on Weekdays for live entertainment, dancing, juke box, arcade & eight video games to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA , under the provisions of Chapter 140 of the MA General Laws for the year 2003.
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
Mr. Bello stated there would be no pool tables. He stated the Hoban’s would be bringing in sports related games & gear towards a family atmosphere.
Discussion ensued re: if there is a special permit needed to watch sporting events on television at the establishment. It was stated that only if fees were charged for admission would there be a need for a permit, but there would be extra costs for cable transmissions.
Mr. Hoban discussed the type of entertainment that would be provided.
Present before the BOS: Gerald Barrows
Mr. Barrows spoke in favor of the application. No one spoke against the application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Pillsbury moved the BOS approve the application for Public Amusement License on Weekdays for live entertainment, dancing, juke box, arcade & eight video games to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA, under the provisions of Chapter 140 of the MA General Laws for the year 2003. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
C. Hearing - Application for Public Entertainment on Sunday License for live entertainment, dancing, juke box, arcade & eight video games to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA, under the provisions of Chapter 140 of the MA General Laws for the year 2003.
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
No one spoke for or against the application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Pillsbury moved the BOS approve the application for Public Entertainment on Sunday License for live entertainment, dancing, juke box, arcade & eight video games to Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, Jacquelyn M. Hoban, Manager, 2691 Cranberry Highway, Wareham, MA, under the provisions of Chapter 140 of the MA General Laws for the year 2003. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
Mr. Bello spoke re: a letter to the BOS requesting the BOS consider refunding fees paid by Mr. Mahoney for his application for license. Selectman Pillsbury stated the BOS would take this up at its next meeting.
V. ANNOUNCEMENTS
(NONE)
VI. BUSINESS
(NONE)
VII. SELECTMEN’S REPORTS
(DONE)
IX. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 7:55 P.M. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on February 24, 2004.
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Acting Clerk
BOARD OF SELECTMEN
Date signed: February 24, 2004
Date copy sent to Wareham Free Library:February 25, 2004
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