SELECTMEN’S MEETING

DECEMBER 4, 2006

 

Chairman Perkins called the meeting to order at 7:01 PM.

 

Selectman Andrews, Selectman Spataro, and Selectman Bond were present.

Selectwoman Brunelle entered the meeting at 7:15 PM.

 

 

Mr. Healey said he wanted to thank Jackie and Ken Benson, 314 Wood Street, for their generous donation of 20 sets of Christmas lights for outside the Town Hall.

 

Upon motion by Selectman Spataro and seconded by Selectman Bond, the Board

            VOTED:  To send a letter of appreciation from the Board.

            Unanimous Vote.

 

 

SELECTMEN’S MINUTES

 

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To approve the Minutes of November 20, 2006.

            VOTE 3 – 0 – 1 (Selectman Andrews abstained)

 

Upon motion by Selectman Bond and seconded by Selectman Spataro, the Board

            VOTED:  To approve the Executive Minutes of November 20, 2006.

            VOTE 3 – 0 – 1 (Selectman Andrews abstained)

 

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To approve the Minutes of November 27, 2006.

            VOTE 3 – 0 – 1 (Selectman Spataro abstained)

 

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To approve the Executive Minutes of November 27, 2006.

            VOTE 3 – 0 – 1 (Selectman Spataro abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing (cont.) – Request for Class II License – “The Auto Liquidation Group” – 66 & 68 West Grove Street

 

This hearing had been continued from November 6, 2006.

 

Attorney Donald Correa was present to represent the applicant, Vinnie DiRusso.  He said the application before the Board is for a new License.  Mr. DiRusso’s current Class II License for property on Vine Street was discussed at the last hearing.  Possible violations of that License had been discussed.

 

Attorney Correa said the requested location will be more in the nature of a storage facility which would take away from the Vine Street location. 

 

Attorney Correa said he had reviewed the original License that was issued in 2004 which limited 15 cars inside.  He said there were no other restrictions placed on the License other than the hours of operation.

 

Chairman Perkins said he had not been at the November 6th meeting, but read a letter from Town Counsel was read.  A copy of the letter was also given to Attorney Correa.

 

Town Counsel’s opinion was that the Board “may not consider a violation of the terms of an existing license in connection with an application for a new license for a separate location.”

 

Attorney Correa said he was pleased with the opinion. 

 

Discussion ensued on whether or not the Vine Street License has violations.  Mr. Healey reminded the Board that the Agenda item for tonight was the request for a new license.

 

Selectman Bond agreed saying that abutters were not notified of the opportunity to speak to Vine Street.

 

Selectman Bond explained to Attorney Correa that Town Counsel’s opinion was not based on case law or statutes, but the dictionary definition of “proper”.

 

Selectwoman Brunelle entered the meeting at this time.

 

Selectman Spataro questioned if the request was only for storage.

 

Attorney Correa said sales would be made from that location.

 

Selectman Spataro expressed concerns of the possibility of the property becoming a “junkyard”.

 

Attorney Correa said the cars would not sit for long.

 

Discussion ensued on the proposed display of 51 vehicles which was drawn on a plan.

 

Mr. Healey asked about employee parking.

 

Mr. DiRusso said there wouldn’t be a lessee of the body shop and there would still be extra parking if needed.

 

Mr. Healey asked if the proposed spaces had been measured.

 

Mr. DiRusso said it was close to scale for 9.5’ x 20’ per vehicle.

 

Mr. Healey asked about the back end of the lot, suggesting two (2) vehicles could be parked there.

 

Mr. DiRusso said the lot line is at an angle.

 

Mr. Healey asked about snow removal for the property.

 

Mr. DiRusso said he goes to Florida for the winter and closes the business.  No sales are done.

 

Selectman Andrews questioned if it was a requirement for the business to be open year round.  He reminded the Board that a previous Class II Licensee had been required to stay open.

 

Selectman Spataro noted that the previous licensee had said he would be open when he wasn’t.

 

Chairman Perkins noted that a licensee can come before the Board for an “hour change” on the license.

 

Mr. Healey asked if this was to be Mr. DiRusso’s principle business.

 

Mr. DiRusso said it would be.

 

Mr. Healey questioned if repairs would be done onsite.

 

Mr. DiRusso said he uses an outside company.

 

Mr. Healey asked if body would be done on the vehicles.

 

Mr. DiRusso said he was previously a “body man” and would do that work in house.

 

Mr. Healey asked what Mr. DiRusso’s plan was to provide proof of financial responsibility.

 

Mr. DiRusso said he would get a Bond as required.

 

Chairman Perkins noted a notice from the Tax Collector showing that previous outstanding payments on the property have been paid.

 

Attorney Correa requested that, if approved, the License not reflect a closing time for the winter months. 

 

Mr. Healey asked about the snow removal on the lot, noting the narrowness of the lot and the number of vehicles requested.

 

Mr. DiRusso said it “won’t be easy” but said it would have to be removed.

 

Mr. Healey asked if Mr. DiRusso planned to have “multiple locations of a principle business”.

 

Mr. DiRusso said he did.  He explained that his wife also helps with the businesses.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Upon motion by Selectman Spataro and seconded by Selectman Bond, the Board

            VOTED:  To approve the request filed by Vincent A. DiRusso, d/b/a The Auto             Liquidation Group, for a 51-vehicle Class II License for property located at 66 &     68 West Grove Street, hours 9 AM to 5 PM, Monday through Saturday, subject to      clarification that the vacation time is not a violation of the License requirement.

            Unanimous Vote.

 

Selectwoman Brunelle suggested the Registry be asked.

 

Upon motion by Selectman Bond and seconded by Selectwoman Brunelle, the Board

            VOTED:  To authorize Mr. Healey, as the Class II Inspector, to schedule an     onsite meeting with Mr. DiRusso at the Vine Street location, to see if there is an       issue with the license.

            Unanimous Vote.

 

Chairman Perkins asked that Mr. DiRusso be provided with a copy of the December 20, 2005 minutes.

 

Meeting with ‘Courtyard Restaurant’ – RE:  Request for Live Entertainment License and Automated Amusement Devices

 

Stephanie Koupelis, owner of Courtyard Restaurant, and David Lavallee, Manager, were present.

 

Mr. Lavallee told the Board that the request was to have karaoke on Friday and Saturday nights, and to have a juke box and two (2) video games.

 

Mr. Lavallee asked if it would be possible to get the Live Entertainment License for Monday through Saturday in case of a “special occasion”.

 

Chairman Perkins suggested he should come back before the Board to request a one –day license if needed.

 

Chairman Perkins explained that this is a new business and he has some concerns with the request for Live Entertainment.  He suggested doing two (2) nights to start as a “trial basis”.

 

Selectman Bond asked if there was soundproofing.

 

Mr. Lavallee said no.

 

Selectman Bond said he was concerned with the possible impact on the surrounding residential neighborhood.

 

Mr. Koupelis said there is a buffer zone of trees surrounding the property.  She said she didn’t want the “neighbors to be unhappy”.

 

Selectman Andrews asked if the entertainment would include live bands.

 

Ms. Koupelis said no.  If there is a change a request would be made to the Board.

 

Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

            VOTED:  To approve the request of Courtyard Restaurant as follows:

            License for Automated Amusement Devices as follows:

            Two (2) video games & one (1) juke box          11 AM to 1 AM           7 days/week

            Live Entertainment License as follows:

            Karaoke                       6 PM to 1 AM             Fridays & Saturdays

            Unanimous Vote.

 

Hearing (cont.) – Tax Classification

 

Chairman Perkins explained that the Tax Classification Hearing was not happening tonight.  Barbara Erickson and Ted Eayrs were present.

 

Ms. Erickson said she had been in contact with the State and it is “very close” to preliminary certification.  She explained this would be done by the end of the day tomorrow. 

 

Ms. Erickson said her personal opinion for the delay was that the State wants the values of State-owned land set lower.  Changes for excess land was made to $10,000/acre and $3,000 if wet or easements.  She said Rocky Gutter is the largest piece of State land.

 

Chairman Perkins asked for a timetable.

 

Ms. Erickson said, if preliminary certification is made tomorrow, the “vest best case scenario” would not have a Tax Classification Hearing happening on December 18th.

 

Chairman Perkins asked if tax bills would be sent before the end of the year.

 

Ms. Erickson said it didn’t appear so.

 

Chairman Perkins asked what people can do to take advantage of a tax deduction for this year.

 

Ms. Erickson said residents can contact the Assessor’s Office with the amount they would like to pay.  A warrant will be created for the Treasurer’s Office.  She suggested if payments are made through the escrow of a bank, residents should contact the bank.  She noted that some banks currently send in payments prior to bills being issued.  The money is “vaulted” until the bills go out.

 

Mr. Healey asked if the same amount as last year should be paid.

 

Ms. Erickson said she wasn’t sure.  She suggested half of last year’s payment “plus a little bit”.  She suggested using the new values, which are online or in the Assessor’s Office, times the FY06 tax rate.

 

Selectman Andrews said this was another burden upon the citizen.

 

Mr. Healey asked how this information would be sent to citizens.

 

Ms. Erickson suggested newspapers and cable.

 

Chairman Perkins asked if it was legal, or reasonable, to send estimated tax bills.

 

Ms. Erickson said the Town doesn’t have a computer program that would allow this. 

 

Mr. Eayrs said the Assessors’ Office would try to get something out as far as a percentage of what residents should pay.  He said, unfortunately, the office doesn’t have control as it is an issue on the State level.

 

Selectman Bond said everyone expects to pay property taxes and understands they will go up.  He said, to be conservative, residents should pay at least what was paid last year.

 

Selectman Spataro asked if the State’s land is valued less, would we pay more.

 

Mr. Healey said the answer is two-fold.  He explained that excess land is found in residential and rural areas from a classification and assessment standpoint.  That segment will pick up the slack.

 

Mr. Healey said the real issue is that less PILOT money will show on the Cherry Street.

 

Mr. Eayrs said the State is in a position that it “can ask for anything they want”.  New information has been requested this year.

 

Selectman Bond noted that a quarterly tax bill would separate interest from the taxpayers because it is “taking money quicker”.  He said this philosophical concept bothers him.

 

Judy MacDonald had informed the Board that the Town loses $50,000/month by not having quarterly tax bills.

 

Jane Lopes asked what the increase was for land values.

 

Ms. Erickson said that prior to 2006 it was $5,900/acre over the zoning requirement.  It is now $20,000 - $22,000/acre depending on the area.

 

Ms. Erickson explained that assessments will go up this year because it is based on January 1, 2006 which would include 2005 sales.  She noted that if values go down, tax bills would, too.

 

Chairman Perkins asked Ms. Erickson why the Town is requiring citizens to go through the process of obtaining a Warrant for payment when banks don’t have to.

 

Ms. Erickson said she couldn’t answer that.  She said she would check with the Collector.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Spataro, the Board

            VOTED:  To postpone the Classification Hearing until December 20, 2006 at    7:00 PM.

            VOTE 4 – 1 (Selectman Bond opposed)

 

Selectman Bond said he would not be available on December 20th.

 

NEW BUSINESS

 

Request to Sign Septic Betterment Bond – Treasurer/Collector

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

            VOTED:  To sign the Septic Betterment Bond for the amount of $200,000.

            Unanimous Vote.

 

Request to Sign Tighe & Bond Contracts – Water Superintendent

 

Upon motion by Selectman Spataro and seconded by Selectman Bond, the Board

            VOTED:  To sign the Tighe & Bond Contracts for Wareham Street Water Main           Improvements.

            Unanimous Vote.

 

OLD BUSINESS

 

There were no updates on the Old Business.

 

12 Highland Street (waiting for decision)

 

Downtown Parking

 

Lakeville IMA

 

Workshop – Personnel Board

 

 

TOWN MANAGER’S REPORT

 

Home Rule Petitions

 

Mr. Healey told the Board that three Home Rule Petitions have been sent for Legislative consideration.

 

Meeting and Plan Development for Gravel Removal Project

 

Mr. Healey told the Board that he is beginning to develop a list of steps that need to be taken prior to development of a “Request for Proposals”.

 

Health Care

 

Selectman Andrews asked if the cost of Health Care had reached $10 million.

 

Mr. Healey said not yet.

 

Selectman Andrews suggested if an Override is presented, the Town’s Unions should allow a 25% co-pay as it would be more in line with what people are seeing.

 

SELECTMEN’S BILLS

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board

            VOTED:  To pay the bill submitted by Verizon in the amount of $25.87.

            Unanimous Vote.

 

OTHER

 

There was no ‘Other’ Business discussed tonight.

 

CORRESPONDENCE

 

v     There was a question regarding an item that was marked confidential.

 

      Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the   Board

            VOTED:  To put the item on next week’s Agenda.

            Unanimous Vote.

 

v     Correspondence regarding the re-hiring of two (2) firefighters was read.

 

v     Correspondence regarding the cancellation of rubbish collection by a resident will be held until next week.

 

v     Selectman Andrews read correspondence from Town Counsel in regards to the passing of Wayne Williams and how it affects the Town’s case against Edgeway Trust.

 

            Attorney Murray said he didn’t see “any material changes in the Town’s rights or           obligations arising from Mr. Williams’ death”.

 

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To enter into Executive Session at 8:42 PM, not to return to Open     Session, to discuss Contract Negotiations.

            A poll vote was taken.  Selectman Andrews, Selectwoman Brunelle, Selectman             Spataro, Selectman Bond, and Chairman Perkins approved.

            VOTE 5 - 0

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN