MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: March 23, 2004
Date of Transcription: March 24, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:00 P.M.
A. Roll Call
Members Present: Cindy Chamberlain, Chairman
Patrick G. Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Sauvageau
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
(NONE)
C2. Approve the following minutes of previous meetings: 6/10/03, 9/30/03, 10/27/03, 1/20/04, 3/2/04, & 3/9/04.
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 6/10/03. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 9/30/03. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 10/27/03. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 3/2/04. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
NOTE: The BOS concurred to hold on voting the minutes of 3/9/04 at this time.
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 1/20/04. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Sauvageau abstained
C3. Appointment to Marine Resources Commission.
MOTION: Selectman Tropeano moved the BOS appoint Craig C. Schluter as an associate member to the Marine Resources Commission to a term to expire 6/30/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. Plympton ETA Status. The Town of Plympton has requested that Wareham support their efforts to achieve status as an Economic Target Area. They must be linked w/ a direct abutter of an existing ETA & they would like to link w/ the Town of Carver, which, piggybacked on Wareham’s designation a few years ago. Although Plympton has the full approval of the BOS in Carver, they are not able to achieve this designation unless Wareham agrees to their request.
With the relocation of Route 44, Plympton wants to develop a commercial park by the interchange of Route 44 & Sporing Street near the Carver town line. With the ETA designation they will be able to qualify for tax benefits. Staff reviewed this proposal, discussed the potential local impact w/ SRPEDD, & determined that is does not conflict w/ Wareham’s economic development activities. It is recommended that the BOS consider granting this request.
Chairman Chamberlain commented on the amount of correspondence received re: this matter.
Selectman Pillsbury discussed the widening of the circle & that this ETA has no benefit/advantages for Wareham. She stated she doesn’t know enough about this matter to vote in the affirmative. She doesn’t feel it is to Wareham’s benefit/best interest to keep moving this out.
Selectman Tropeano stated he could find no benefits to Wareham w/in the documentation he read.
Selectman Sauvageau agreed w/ Selectmen Pillsbury & Tropeano & he added that he too doesn’t know enough about this issue at this time.
Discussion ensued re: the Town of Carver’s position, SRPEDD’s opinion, & if the Town of Plympton has other alternatives. Administrator stated that the Town of Middleboro turned down Plympton.
MOTION: Selectman Tropeano moved for the BOS to not approve the request of the Town of Plympton to become a participant in the local economic target area. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
V. LICENSES & PERMITS
A. Application for Change of d/b/a - Hadley-Macintosh Enterprises, Inc., d/b/a Café Uva, 5 East Blvd., Onset to d/b/a The Stonebridge.
Present before the BOS: Justin Hadley
Mr. Hadley stated since taking over the business he had contemplated changing the name. He kept the name in the beginning to get going. He would like to change the name to create the establishment’s own identity.
Brief discussion ensued re: heavy traffic & safety issues w/ East Blvd.
MOTION: Selectman Tropeano moved the BOS approve the Application of Hadley-Macintosh Enterprises, Inc., d/b/a Café Uva, 5 East Blvd., Onset for Change of d/b/a to The Stonebridge. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Approve the renewal of the following Seasonal Liquor Licenses for the year 2004, under the provisions of Chapter 138 of the MA General Laws:
1. Mark, Inc. d/b/a China Garden, Ivan Mark, Manager, 265 Marion Rd., Wareham;
2. Gyjo, Inc. d/b/a Lobster Pot, Joseph A. Marino, III, Manager, 3155 Cranberry Highway, East Wareham;
3. Bay Point Country Club, Inc. d/b/a The Pavillion at Bay Point Country Club, Jeanette Geribo, Manager, 10 Bay Point Drive, Onset;
4. Point Independence Yacht Club, Inc. d/b/a Point Independence Yacht Club, Donald Urquhart, Manager, 15 Independence Lane, Onset; &
5. Stevie B’s, Inc. d/b/a Onset Sports Resort, Stephen Beranger, Manager, 270 Onset Ave., Onset.
MOTION: Selectman Tropeano moved & Selectman Pillsbury seconded to approve the renewal of the following Seasonal Liquor Licenses for the year 2004, under the provisions of Chapter 138 of the MA General Laws contingent upon payment of all taxes & fees:
1. Mark, Inc. d/b/a China Garden, Ivan Mark, Manager, 265 Marion Rd., Wareham;
2. Gyjo, Inc. d/b/a Lobster Pot, Joseph A. Marino, III, Manager, 3155 Cranberry Highway, East Wareham;
3. Bay Point Country Club, Inc. d/b/a The Pavillion at Bay Point Country Club, Jeanette Geribo, Manager, 10 Bay Point Drive, Onset;
4. Point Independence Yacht Club, Inc. d/b/a Point Independence Yacht Club, Donald Urquhart, Manager, 15 Independence Lane, Onset; &
5. Stevie B’s, Inc. d/b/a Onset Sports Resort, Stephen Beranger, Manager, 270 Onset Ave., Onset.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VI. Announcements.
1. Town Meeting Dates:
A. Tuesday, April 6, 2004 - Town Election. Polls open from 8:00 A.M. to 8:00 P.M.
B. Monday, April 26, 2004 - General Business portion of the Annual Town Meeting - begins at 7:00 P.M. in the Wareham High School auditorium.
C. Monday, April 26, 2004 - Special Town Meeting begins at 7:30 P.M. in the Wareham High School auditorium.
2. BOS meeting dates during Town Meeting:
A. April 26th & April 27th the BOS will meet at 6:00 P.M. in the Wareham High School cafeteria.
B. If Town Meeting business is not completed on April 27th, the BOS will meet on Monday, May 3, 2004 at 6:00 P.M. in the Wareham High School cafeteria.
NOTE: The meeting proceeded w/ item VII. Business - D. Selectmen representative to the Principal Selection Advisory Committee.
Chairman Chamberlain read memo from Dr. LaGue into the record. (Attached as reference). Selectman Fernandes-Abbott volunteered to serve as the BOS representative on this committee.
NOTE: The meeting went back to item V. Licenses & Permits.
C. Hearing -To determine if the All Alcoholic Beverages License issued to Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, should be modified, suspended, revoked, or canceled based upon alleged violation of MGL c. 138, MCR & BOS policies.
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved to table this hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VII. Business.
A. Seasonal liquor renewal certification for the ABCC.
MOTION: Selectman Tropeano moved the BOS sign the Seasonal Renewal Certification for the ABCC. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Estimated temporary increased resident population for the ABCC.
MOTION: Selectman Tropeano moved the BOS sign the Estimated Temporary Increased Resident Population documents for the ABCC. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Chairman Chamberlain stated the estimated temporary increased population is approx. 40,670.
NOTE: The meeting went back to item V. Licenses & Permits - C. Hearing - Brian M. Welch.
MOTION: Selectman Tropeano moved to take this matter off the table. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Present before the BOS: Lt. Irving Wallace, Wareham Police Dept.
Detective Wayne Sylvester, Wareham Police Dept.
Brian M. Welch
Mr. Martin
Michael Perone, Attorney
Chairman Chamberlain swore in Det. Sylvester for testimony.
Lt. Wallace proceeded to ask Det. Sylvester questions pertaining to this issue. Det. Sylvester stated that on 12/16/03 he was assigned to go to Barnacle Bill’s Seafood to speak w/ the manager
to inquire as to who was the manager of the establishment. He stated he entered the establishment & spoke w/ a Mr. Martin who identified himself as the manager. He stated he asked Mr. Martin what his duties of manager were & asked him what role Mr. Welch played in the business. He discussed what Mr. Martin said were his responsibilities & what Mr. Martin stated Mr. Welch did, which was he (Mr. Welch) came in at night & collected the money & that he had no other role. Det. Sylvester stated he looked at the license on the wall of the establishment & then returned to the police station. He stated after he returned to the station, Mr. Welch called him & asked why he (Det. Sylvester) had come to the establishment. Det. Sylvester stated he explained to Mr. Welch
his purpose for coming to the establishment. He stated Mr. Welch told him he was the manager & that he spends approx. 15-20 hours per week at the establishment.
Selectman Sauvageau stated the police report states that Mr. Martin stated he was the manager & runs all aspects of the company. Det. Sylvester stated this is correct.
Discussion ensued re: if the manager is named on the paperwork received by the BOS office. It was determined that no manager is listed on the application paperwork & that Mr. Welch is the last manager on record.
Lt. Wallace explained the statute relative to sole proprietors automatically become the manager.
Selectman Pillsbury stated the license on the establishment’s wall states that Mr. Welch is the manager. Selectman Tropeano asked how Mr. Welch could be manager of two establishments.
Mr. Perone stated that Mr. Welch is not contesting 90% of what is in the police report. He stated that Mr. Martin is the manager of Barnacle Bill’s Seafood. He discussed the statute pertaining to sole proprietorships & managers. He stated Mr. Welch is the owner of the establishment & was manager for six years. He stated he then bought Zeadey’s Restaurant & his focus then shifted to that establishment. He stated paperwork should have been submitted stating that Mr. Martin is the manager at that time. He stated Mr. Welch was remiss in not doing this. He stated that there is no dispute that Mr. Martin is the manager & his name should be on the license.
Selectman Pillsbury stated that Mr. Welch was before the BOS after he purchased Zeadey’s Restaurant, a long discussion was held re: who would be manager of Barnacle Bill’s Seafood & Mr. Welch knew he would have had to submit an application for change of manager, etc.
Mr. Perone stated under the statute, you can list the sole proprietor as the manager. He stated there was a period of time after Mr. Welch purchased Zeadey’s Restaurant when it was thought his wife was going to do some work, but then Mr. Martin came in. He stated although Mr. Welch didn’t submit the paperwork, Mr. Martin has been the manager & he feels Mr. Welch doesn’t deserve a suspension of his license for this reason. He stated Mr. Welch has obtained legal advice to help w/ legal aspects of both establishments.
Mr. Welch explained why he didn’t submit the paperwork for change of manager. He stated for a period of time he had been thinking of selling Barnacle Bill’s Seafood, but lease issues arose. He stated he didn’t realize how much time he would have to put into Zeadey’s Restaurant. He stated failure to file the change of manager paperwork was his ignorance & he takes the blame.
Chairman Chamberlain stated w/ his name on the license, he (Mr. Welch) is responsible for safety issues, etc.
Selectman Sauvageau stated he has no information on Mr. Martin, such as a CORI report, if he has had any TIPS training, etc. He stated there seems to be a difference in what Mr. Martin says Mr. Welch does vs. what Mr. Welch states he does. He expressed concern re: that this is the second time Mr. Welch is before the BOS due to alleged violations. He added that the ABCC feels paperwork is very important.
Mr. Perone discussed Mr. Welch’s responsibilities at the establishment.
Selectman Sauvageau again expressed concern re: Mr. Martin’s statements vs. Mr. Welch’s statements pertaining to time spent at the establishment.
Selectman Fernandes-Abbott asked what type of business relationship Mr. Welch has w/ Mr. Martin. Mr. Welch stated that Mr. Martin is an employee & is not leasing the property. He stated discussions have been held in the past re: Mr. Martin purchasing the property.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS find Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, holder of an All Alcoholic Beverages License in violation of MGL c. 138, s. 64 to wit: violation of MGL c. 138 s. 23, in violation of 204 CMR, 2.05 (2), & in violation of the BOS policies. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
Discussion ensued re: penalties.
MOTION: Selectman Tropeano moved the BOS issue a letter of reprimand to Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, holder of an All Alcoholic Beverages License. Selectman Sauvageau seconded for discussion.
NOTE: Selectman Sauvageau stated he will support this motion, but he wants the letter to indicate the BOS’s concern re: any further violations. Selectman Pillsbury stated this matter has cost money & time for the Town on more than one occasion, for example, police involvement, staff work, etc. She stated she is not convinced a letter of reprimand is going to do anything. She suggested a one-day suspension of license. Selectman Fernandes-Abbott agreed.
VOTE: (2-3-0)
Selectmen Fernandes-Abbott, Pillsbury, & Chamberlain opposed
MOTION: Selectman Pillsbury moved the BOS issue a letter of reprimand & a one-day suspension to Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, holder of an All Alcoholic Beverages License. Selectman Sauvageau seconded.
VOTE: (4-1-0)
Selectman Tropeano opposed
NOTE: The meeting proceeded w/ item VII. Business - E. Any other business.
1. Cumberland Farms/ZBA Hearing.
Chairman Chamberlain stated that the ZBA has made notification re: a hearing to be held on 4/14 dealing w/ an application of Cumberland Farms on Depot St. that was in land court that was remanded back to the ZBA. Thus, the ZBA has to hold another hearing for a new building & gas station.
MOTION: Selectman Tropeano moved the BOS authorize the Chair to write a letter re: BOS policy that the applicant must first go before the BOS w/ this application. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting went back to item V. Licenses & Permits - E. Hearing -To determine if the All Alcoholic Beverages License issued to Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline M. Hoban, Manager, 2691 Cranberry Highway, Wareham, should be modified, suspended, revoked, or canceled based upon violation of MGL c. 138, MCR for the year 2004 & BOS policies.
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Present before the BOS: Lt. Irving Wallace, Wareham Police Dept.
Len Bello, Attorney
Jacqueline Hoban
Lt. Irving Wallace stated on 2/13/04 Officer Scichilone & an under-aged agent who is 18 years old, went to this establishment at approx. 8:13 P.M. He stated the under-aged agent went to the bar & ordered a bottle of beer. He stated a white male served her a beer in his 20's. He stated subsequently, on 2/24/04 the under-aged agent went back to the establishment, ordered a drink from the bar, but was asked for I.D. by a female in her 30's. He stated the agent was not served.
Mr. Bello stated there is no contest to the police report.
Selectman Sauvageau inquired re: ID process at the establishment. Mr. Bello stated that this establishment has been open since mid-December 2003 & the establishment went under extensive renovations. He stated the business has done better than expected. He stated at first they ID’d people & at 10:00 P.M. everyone was ID’d because no food is served after 10:00 P.M. He stated then they started asking for ID’s at the door & the bar. He stated he doesn’t know why this person was served, but now the establishment check’s ID’s at the door, the bar, & the manager now oversees both the door & the bar.
Mr. Bello stated this is a new business working out the kinks & they are trying to make the ID process foolproof. He stated if this license were to be suspended, it would hurt this business very much.
Mr. Bello stated the gentleman that served the under-aged agent is still employed & everyone at the establishment has been TIPS certified as of this date. He stated there were ID methods in place since the opening & they are doing the best they can.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the BOS find Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline M. Hoban, Manager, 2691 Cranberry Highway, Wareham holder of an All Alcoholic Beverages License in violation of MGL c. 138, s. 64 to wit: violation of MGL c. 138 s. 34, in violation of 204 CMR, 2.05 (2), & in violation of the BOS policy #88-14A, 5.20 & 11.30. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the BOS issue a letter of reprimand & a three day suspension to Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline M. Hoban, Manager, 2691 Cranberry Highway, Wareham, holder of an All Alcoholic Beverages License. Selectman Sauvageau seconded for discussion.
NOTE: Selectman Sauvageau stated he understands this is a new business, but this violation is most serious.
Selectman Tropeano stated the only way for the establishment to protect
themselves is to card every single person.
Mr. Bello stated the establishment’s main business is food. He stated there was
no intent to serve minors. Selectman Sauvageau stated there are no excuses w/ re:
to serving minors.
VOTE: Unanimous (5-0-0)
VI. ANNOUNCEMENTS
(DONE)
VII. BUSINESS
C. Discussion of Town Meeting Warrant Articles.
Article 2 - Authorization for Grants
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 2 of the 4/26/04 Annual Town Meeting Warrant. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
Article 3 - Compensating Balance Agreements
MOTION: Selectman Tropeano moved Favorable Action on Article 3 of the 4/26/04 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 4 - Selectmen/School Committee Reports
MOTION: Selectman Tropeano moved Favorable Action on Article 4 of the 4/26/04 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 19 - Additional Alcoholic Beverages Licenses
MOTION: Selectman Tropeano moved Favorable Action on Article 19 of the 4/26/04 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 29 - Safe Placement of Infants Special Act
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 29 of the 4/26/04 Annual Town Meeting Warrant. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
E. Any other business.
1. Ballot Question - Districts.
Selectman Tropeano discussed the District ballot question. He stated the BOS hasn’t given any information about how this would transpire. He stated he is hearing rumors that are not true. He doesn’t feel there is any leadership w/ re: to this issue.
Selectman Pillsbury stated the process would not happen over night if there were to be a change. She stated almost all towns in MA operate their own water & fire depts. She stated in terms of a plan, the BOS is in a catch 22 & discussed why. She stated the question is on the ballot to see what voters would like to see.
Administrator discussed language that a petition would have to have, time periods, & the process for transition.
Selectman Sauvageau stated 98% of the towns in MA have managed their own water & fire depts. He stated this is well accepted & adopted municipal system.
Selectman Pillsbury stated at some point if there were dissolution of the Districts, the organization of the Water Dept. would have to be discussed & there would have to be a Board of Water Commissioners.
2. Chapter 40B
Chairman Chamberlain stated the affordable home prices keep on escalating & they are becoming not affordable.
Administrator stated affordable home prices need to be w/ the SMSA & Wareham is in Boston’s SMSA.
Chairman Chamberlain discussed what the ZBA has requested re: home prices (moving some units into a more affordable range). She gave a summary of what is going on in Boston relative to affordable housing & Mayor Menino’s comments re: mobile homes being affordable housing. She stated she has forwarded these comments to special counsel handling the Town’s 40B issues. She read the comments into the record.
Chairman Chamberlain suggested the Town get together w/ the Towns of Middleboro & Taunton to fight back w/ re: to the CHCD. She stated the Town is getting no help from the Legislature re: this problem.
VIII. SELECTMEN’S REPORTS
(NONE)
IX. ADJOURNMENT
MOTION: Selectman Tropeano moved to adjourn the meeting at 9:00 P.M. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on July 20, 2004.
Attest: Patrick G. Tropeano
Patrick G. Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: 7/20/04
Date copy sent to Wareham Free Library: 7/21/04
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