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Selectmen Minutes October 6, 2003
The weekly meeting of the Board of Selectmen was held on Monday evening, October 6, 2003 at 7:30 p.m.

Present: James M. Hardy, Chairman; Eric W. Greene, Clerk ; David L. Walsh
George Samia, Interim Executive Secretary
Karen Grabau, Adm. Assistant
Robert Kerwin, Tax Counsel

Mr. Hardy announced that the Town Hall has received a donation of new chairs for the main conference room and the new conference room on the second floor, which is being finished by students from S.E. Regional School. Noted that the chairs were donated by a business and that a resident, who wished to be anonymous had procured them for the Town.

Mr. Hardy noted that a letter had been received from the Friends of Sachem Rock requesting a key for the house, to store supplies for the upcoming Fall Festival only. Board agreed that a key could be borrowed from John Haines for the duration of the Festival.

M/Greene, s/Walsh, a unanimous vote, move to approve the minutes of the September 29, 2003 meeting.

M/Greene, s/Walsh, move to approve a delegation of authority as requested by SERSG Procurement Officer, Catherine Salisbury to negotiate a settlement agreement with Staples Contract & Commercial, Inc. (dba Staples Business Advantage) for the termination of our existing office supply contract for FY04 and FY05 with Staples.

Mr. Samia explained that when this request was received, Staples had notified Ms. Salisbury that they intended to terminate their contract with SERSG and Ms. Salisbury had requested this approval in order to negotiate a settlement agreement. Noted that on Friday and today, he has received calls from representatives of Staples, stating that they now intended to honor the contract and did not want to terminate it. Felt that the Board should vote the approval and see if the contract remains in effect or if a settlement is negotiated. Noted that in the meantime, the departments can continue to order from Staples and should continue to monitor whether the correct percentage is given on all items.

VOTE: Yes - Greene, Walsh, Hardy; a unanimous vote in favor.

M/Greene, s/Walsh, a unanimous vote, move to approve the reappointment of Jerry Hartman as a member of the Zoning Board of Appeals for the period of July 1, 2003 to June 30, 2006.

Paul Ford, Area Sales Manager and Patricia Reynolds, Store Manager, for Cumberland Farms met with the Board relative to their request for an extension of hours of their Common Victualer License from 6:00 a.m. to 11:00 p.m. to 5:00 a.m. to 12:00 a.m.

Mr. Ford explained that the new hours are in keeping with the standard hours of operation for all their stores.

Mrs. Reynolds informed the Board that all liquor cases are locked at 10:50 p.m. and displays are covered with tarps, so that no sales happen after the liquor license closing time.

Mr. Hardy explained that due to the recent violation at their premises, the Board wanted to be assured that precautions were being taken relative to the liquor license, that no sales would occur after closing time.

Board of Selectmen -2- October 6, 2003

Mr. Ford informed the Board that all employees have taken training, a video provided by the E.B. Police Department and training with the Cumberland Farms Retail Employee Operating Handbook, Age Restricted Products. Presented the Board with copies of the attendance forms for the two training sessions.

Mrs. Reynolds explained that to insure that the liquor cases are locked and displays covered at the correct time, she has two clerks covering the evening shift.

An explanation of the video log and liquor sales checks that have been instituted at the store were explained by Mrs. Reynolds and Mr. Ford.

Mr. Hardy commended Mrs. Reynolds and Mr. Ford for their due diligence in correcting deficiencies at the store.

M/Greene, s/Walsh, a unanimous vote, move to approve the change of hours for Cumberland Farms Store 2299, 1055 Washington Street, from 6:00 a.m. to 11:00 p.m. to new hours of 5:00 a.m. to 12:00 a.m.

M/Greene, s/Walsh, move to approve the Conservation Commission accepting a gift of four parcels of land off Anna Drive from Joseph Kulle.

Mr. Samia checked and informed the Board that all taxes for this property have been paid in full.

VOTE: Yes - Greene, Walsh, Hardy; a unanimous vote in favor.

Board met with residents of Point Drive relative to their request that the Board assist them in solving the problem regarding their cluster development and 7.88 acres of "common" land and possibility of Town allowing a Tax Amnesty for them.

Also present were: Frank Savino, Treasurer/Collector
Robert Kerwin, Tax Title Attorney
John Finnegan, Attorney
Planning Board members: Roy Gardner, Steven Belcher, Clarence Willard,
Lawrence Morris, Richard O'Flaherty
Assessors: Curtis Gluck, Linda Libby
Cheryl Pooler, Adm. Assessor

Point Drive residents: Richard and Patricia McCusker
Judith and Stephen Trombly
James and Deborah Ross
Thomas and Michelle O'Neil
Robert and Lorraine Cullivan

Mr. Gardner spoke on behalf of the Planning Board and expressed his views on the open space parcel; noted that the original deeds referenced the parcel and divided it into 9 sections with each property owning 1/9 portion. Explained that each of the properties are not conforming lots without the 1/9 portion of open space.

Atty. Kerwin explained the tax amnesty program and impact on the town; noted that all properties in tax title would be eligible for this program.

Board of Assessors -3- October 6, 2003

Cheryl Pooler spoke on behalf of the Assessors and explained some of the problems with the deeds, etc. Noted that the Assessors would look into whether a tax abatement for 3 years could be done for the residents.

A lengthy discussion took place relative to the status of the 7.88 "common" land; the tax title; impact of a tax amnesty program on town; residents concerns; etc.

Mr. Hardy went over the proposed agreement by all present:
Assessors will research abatement with DOR
Planning Board will write a letter of support for residents
Residents will pay back taxes, after abatement is allowed, for 7.88 parcel
Treasurer will vacate once taxes are paid

All agreed that this was agreement.

Mr. Hardy stated that he was not in favor of tax amnesty program due to town's finances.

Mr. Greene stated that although he understood the Point Drive residents problem, but the tax amnesty was not financially responsible way to go, need to look out for town.

Residents left meeting at this time.

Open Forum
No one was present.

Vacancies - Planning Board Alternate - 2 members
Finance Committee - 1 member - 3 year term

Veterans' Day Parade in East Bridgewater - November 11
Flu Clinic - October 25
Fall Festival - Sachem Rock Farm - October 18

Mr. Samia informed the Board that he had set up a meeting in Executive Session with the NAGE trades union to discuss issue, but due to the length of time for the last meeting, he will reschedule for a later date.

M/Greene, s/Walsh, move to close Open Session and go into Executive Session for the purpose of discussing negotiation strategy and will not be returning to Open Session.
VOTE: YES - Greene, Walsh, Hardy; a unanimous vote in favor.

Meeting adjourned at 9:40 p.m.

Board of Selectmen

Town of East Bridgewater, 175 Central Street, East Bridgewater, MA 02333-0386
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