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Selectmen's Minutes 5/3/2004
The weekly meeting of the Board of Selectmen was held on Monday evening, May 3, 2004 at 7:30 p.m.

Present: Eric W. Greene, Chairman; David L. Walsh, Clerk; James M. Hardy
        George Samia, Town Administrator
        Karen Grabau, Adm. Assistant
        John Stuebing, Town Counsel

M/Walsh, s/Hardy, a unanimous vote, move to approve the minutes of the April 26, 2004 meeting.

M/Walsh, s/Hardy, a unanimous vote, move to approve the request of the Planning Board to add the street light at the intersection of Summer Street and Emery Lane to the list of street lights that the town pays for.

M/Walsh, s/Hardy, a unanimous vote, move to accept, with regret, the resignation of Edith Imlach as the alternate representative to the Old Colony Elderly Services and to appoint Jane Haines as the alternate representative to the Old Colony Elderly Services effective immediately.

M/Walsh, s/Hardy, a unanimous vote, move to approve the request of Marjorie Winsor of the East Bridgewater Garden Club to meet at Sachem Rock Farm on June 7, 2004 from 12 noon to 3:00 p.m. for a meeting.

M/Walsh, s/Greene, move to approve the following licenses for Carmen’s Mexican & American Restaurant, 34 Bedford Street:

                Automatic Amusement Device Game
                        1 Table Top game
                        1 Golf Game
                        1 Juke Box

                Entertainment License
                        Live music & karaoke

Edward Murphy, Manager of Carmen’s was present and discussed his plans relative to the Entertainment License.

Mr. Murphy expressed his appreciation to the residents for their overwhelming response to his opening this past weekend.

Mr. Murphy explained that he was approached by parents of teenagers who have their own bands and were looking for a place that they could play. Explained that he would be open on Monday evening from 6-10 p.m. for Teens Only and that there would be no liquor available. Adults could sit in the dining room area and the band would play in the pub area. Would like to offer a safe environment for teens to go and enjoy their music. Karaoke would be weekends and will be kept low-keyed.

Mr. Greene noted that he was concerned that the neighbors, who had expressed concerns at the license hearing would not be affected by loud music or problems in the parking lot. Asked if Mr. Murphy would be willing to have a temporary license through Labor Day to see if there are any problems. Mr. Murphy had no problem with this.

Mr. Hardy cautioned Mr. Murphy that a former restaurant on North Bedford Street had problems with overcrowding and asked that they take precautions that this does not happen.

Board of Selectmen                                 -2-                               May 3, 2004

M/Walsh, s/ Greene amend motion as follows:
Approve Entertainment License with restriction that live band music is limited to Monday evenings only and for the period of May to September, 2004.
VOTE: Yes – Walsh, Hardy, Greene; a unanimous vote in favor.

Public Hearing
A Public Hearing was scheduled relative to a Transfer of the Common Victualer – All Alcoholic License at 579 West Street. As the proposed transferee was not present, the Board requested that the Public Hearing be rescheduled for a later date.

Town Administrator Report
Layouts for Bay Circuit Trail are being prepared by the Cheryl Pooler.
Sewerage Committee forms ready for signing
A request has been received from neighbors of a victim of 9/11; would like to have a memorial in front of Town Hall. John Haines is replacing a tree on town hall lawn and suggested a small stone marker for the tree/
Mr. Hardy noted that there is also a stone marker at High School’s Memorial Field where an additional name could be added. Board agreed to with placement of a marker at town hall next to new tree.

Household Hazardous Waste Day – Saturday, May 8, 8 a.m. – 12 noon at Thatcher Street BFI landfill area.
Recycling Week – May 10 – 14
Special and Annual Town Meeting – May 13, 7 p.m.
Rep Kathy Teahen Office Hours – Thursday, May 13, 7-8 p.m.

        Invitation from Town of Bridgewater to participate in their July 4th parade – Board
requested that copy of letter be forwarded to all town departments.

        Patriotic Activities Committee invitation to attend Memorial Day ceremonies on Common.
Mr. Greene will represent Board.

        Letter from DEP regarding E.B. CWMP – forward to Sewerage Committee Chairman    

Peter Spagone, Moderator and Marcia Weidenfeller, Town Clerk met with the Board to go over the warrants for the Special and Annual Town Meetings. It was noted that a quorum is needed for several of the Special Town Meeting articles.

Mr. Spagone noted that Mr. Samia has put together information on where the funding for articles will come from and that this will be a hand-out and also presented on the screen at town meeting.

Special Town Meeting Articles:
Article 1 – will be amended on floor; changes in where funds will be taken; Mr. Walsh will present
Article 2 – needs quorum; School Committee will present
Article 3 – needs quorum; School Committee will present
Article 4 – needs 2/3 vote; School Committee will present; bonding article
Article 5 – needs 2/3 vote; Mr. Greene will present
Article 6 – Planning Board will present
Article 7 – Highway Surveyor will present
Articles 8 & 9– Fire Chief will present
Article 10 – Police Chief will present
Board of Selectmen                              -3-                             May 3, 2004

Articles 11 & 12 – Mr. Walsh will present
Article 13 – Library Trustee will present
Article 14 – Board of Assessors will present
Article 15 – Mr. Greene will present

A discussion was held regarding what would happen if a quorum was not present at beginning of meeting. Mr. Spagone stated that he would pass over the articles needing a quorum and bring them up at the end of the Special if a quorum was present or if no quorum was present, then they could vote to adjourn Special and reconvene at end of Annual if additional voters were present.

Annual Town Meeting Articles:
Article 1 & 2 – Mr. Greene will present
Article 3 – Peter Hamilton will present
Articles 4 & 5 – Mr. Walsh will present
Article 6 – Mr. Greene will present
Article 7 – Zoning article; property owner will present
Article 8 – Zoning article; Michael Perrault representing will present for property owner
Article 9 – Zoning article; property owner will present
Article 10 – zoning article; Michael Perrault representing will present for property owner
It was noted that article 7-10 needs a 2/3 vote
Article 11 – Mr. Greene will present
Article 12 – Noise Policy; petition article; Mr. Lynch will present; noted that there will be an amendment presented
Articles 13 – 16 – will be presented by the Board of Assessors
Articles 17 & 18 – will be presented by Mr. Hardy
Articles 19 - 22 – will be presented by the Council on Aging
Article 23 – needs 2/3 vote; will be presented by Highway Surveyor
Article 24 – presented by Highway Surveyor
Article 25 – presented by Highway Surveyor
Article 26 – presented by Library Trustees
Article 27 – presented by School Committee; needs 2/3 vote
Article 28 – presented by Fire Chief – needs 2/3 vote
Articles 29 – 33 – presented by Water Commissioners
Articles 34 & 35 – presented by Mr. Hardy
Article 36 – presented by Mr. Greene; Planning Board will make their report prior to vote.

Mr. Spagone noted that the Capital Planning Committee will report on Articles 15, 23, 27, and 28; prior to vote being taken. Will also report on Articles 3,4 & 7 on the Special Town Meeting.

Annual Town Meeting will begin with Flag Ceremony by American Legion followed by Finance Committee presentation and a presentation by Mr. Samia.

Open Forum
Keith Lynch informed the Board that the Noise Policy he had submitted would be amended on town meeting floor. Explained that the amendment will exempt household noises from the hour restriction. Mr. Lynch read a short statement as to the reasons for submitting the Noise Policy.

A discussion was held regarding the decibel restriction and what would be restricted under this. It was noted by Mr. Lynch that they used the State’s noise policy to draft one for the Town; explained that this was a policy not a state law. Also, discussed the air pollution definitions in policy.

Town Counsel noted the fines as noted in the policy were higher than allowed under state law. Mr. Lynch stated that they would amend the fines on town meeting floor.
Board of Selectmen                              -4-                             May 3, 2004

A discussion was held with Peter Spagone as to how the amendments would be presented.

Open Forum was closed.

Town Counsel, John Stuebing reported to the Board that the Rivers Edge issues were slowly being resolved. Has been notified that the negotiations are continuing and that the residents Board of Directors have made a recommended settlement.

M/Walsh, s/Hardy, move to close Open Forum and go into Executive Session for the purpose of discussing negotiation issues and pending litigation and will not be returning to Open Session.
VOTE: Yes – Walsh, Hardy, Greene; a unanimous vote in favor.

Meeting adjourned at 8:45 p.m.

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