SELECTMEN’S MEETING

OCTOBER 31, 2005

 

 

Chairman Perkins called the meeting to order at 7:02 PM.

 

Selectwoman Brunelle and Selectman Andrews were present.

Selectman Bond was absent.

 

 

SELECTMEN’S MINUTES

 

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

VOTED:  To approve the Minutes of October 24, 2005.

Unanimous Vote.

 

Selectman Andrews suggested a couple changes to the Executive Minutes of October 24, 2005.

 

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

VOTED:  To approve the Executive Minutes of October 24, 2005 as amended.

Unanimous Vote.

 

Upon motion by Selectman Andrews and seconded by Chairman Perkins, the Board

VOTED:  To approve the Executive Minutes of October 26, 2005.

VOTE 2 – 0 – 1 (Selectwoman Brunelle abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request to Place New Poles – Verizon – Rocky Meadow Street

 

Chairman Perkins read the following:  “A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, October 31, 2005 at 7:05 PM, for the purpose of discussing the petition filed by Verizon and the Middleborough Gas & Electric Department, to place one (1) new pole (84-1) on Rocky Meadow Street.  This petition is necessary in order to provide service to a new residence.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Joanne Robideau, Right of Way Manager for Verizon, was present.  She explained that the request is for new construction.  The next hearing for Tispaquin Street also ties into this project.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Verizon and the Middleborough Gas & Electric Department, to place one (1) new pole (84-1) on Rocky Meadow Street to provide service to new residences.

Unanimous Vote.

 

Hearing – Request to Place New Poles – Verizon – Tispaquin Street

 

Chairman Perkins read the following: 

 

Avenue, Middleborough, MA  on Monday, October 31, 2005 at 7:15 PM, for the purpose of discussing the petition filed by Verizon and the Middleborough Gas & Electric Department, to place four (4) new poles (197, 198, 199 and 200) on Tispaquin Street.  This petition is necessary in order to provide service to new residences.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Joanne Robideau, Right of Way Manager for Verizon, was present.  She explained that the request is for new construction

 

Selectwoman Brunelle asked how many new homes were in the area.

 

Ms. Robideau said five (5).

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Verizon and the Middleborough Gas & Electric Department, to place four (4) new poles (197, 198, 199 and 200) on Tispaquin Street to provide service to new residences.

Unanimous Vote.

 

Hearing – Request for Liquor License – Shawn Lemmo d/b/a Center Ave Café

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, October 31, 2005, at 7:30 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing the request made by Shawn A. Lemmo d/b/a Center Ave Café, for an Annual All Alcoholic Restaurant License for property located at 160 Center Avenue, Assessors Map 50N Lot 5919, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Ed Medeiros was present to represent his son, Craig Medeiros, who is a trustee for the property.  He returned the green cards.  He said the property was purchased on September 16, 2005, and on October 20th the Department of Revenue seized the business. He said he has spoken to a representative of the DOR in regards to tonight’s meeting.  The DOR does not care whether or not the license is issued, as the DOR will make the final decision.

 

Mr. Medeiros asked that the Board issue the license contingent on DOR and ABCC approval.  He introduced Shawn Lemmo, the applicant.

 

Selectwoman Brunelle noted that, in the past, there have been a considerable number of complaints regarding the Royal Café.  She asked Mr. Lemmo how he would limit any public nuisance.

 

Mr. Lemmo said he intents to be present on the property, to “clean it up”.

 

Selectwoman Brunelle asked if Mr. Lemmo had any prior experience.

 

Mr. Lemmo said he did not, adding he would rely on the staff that was there.

 

Selectwoman Brunelle asked how many hours Mr. Lemmo would be present at the establishment.

 

Mr. Lemmo said probably 40, including days and evenings.

 

Selectwoman Brunelle asked about the floor plan that was submitted.

 

Mr. Lemmo said storage would be in the basement.

 

Chairman Perkins asked what hours the business would be open.

 

Mr. Lemmo said 8AM to 1AM.

 

Selectwoman Brunelle asked if the property owner had any outstanding taxes due.

 

Mr. Medeiros said there is a water bill that will be paid.  He said an $1,800 electric bill was paid last night.

 

Mr. Lemmo said, although the name on paper will be ‘Center Ave Café’, it will remain the Royal Café.  He said he will be in charge of the day to day operation.

 

Chairman Perkins noted that the Board has not received correspondence from the Police Chief.

 

Bill Marzelli, who owns the building diagonally across from the Royal, said he has known Mr. Lemmo for years, and knows him to be a successful businessman and a gentleman.  He said he knows enough about the town and the people in town to run a good establishment.

 

Kathy Stone, an abutter to the property, said for the past 21 years there have been nothing but problems.  She said she has been harassed by patrons who go outside to smoke.  She also noted that cigarette butts are all over the street.  She said there are five (5) liquor establishments within a ¼ mile radius.  She asked why a sixth was needed.  She said, in the past, patrons have not been controlled, and the area is not cleaned, and there are often fights at 2 – 3AM.  She said she strongly opposes the request.

 

Selectwoman Brunelle asked Mr. Lemmo to respond.

 

Mr. Lemmo said the doors or the Royal are closed during the week by 10:30 PM.  He said he will police the establishment.  He said he cannot control what happens at 2AM or 3AM.

 

Chairman Perkins said it is not the first time that he had heard complaints.  He said the owners should be able to control the patrons.

 

Mr. Medeiros explained that the former owners were “not present much”.  He said trash was a problem because the dumpster was taken away six months ago.  He said the owners weren’t running the business the way it should be run.  He said the new owner would do a better job because it will be much more policed.

 

Mr. Medeiros said beer bottles are not to leave the establishment, noting that the business could be closed down because of this.

 

Mr. Lemmo said that the place will be cleaned up and run the way it’s supposed to.

 

Pat Stone, 174 Centre Ave., said the Royal has always had a reputation for “cutright alcohol”, saying they “serve to get patrons drunk”.  He said there is not a lot of food served there which is also a major problem.  He said when patrons leave there, staggering to their car they drive to the VFW and the Elks.  He said the Royal is not a “neighborhood bar” explaining that none of the neighbors frequent the establishment.  He said there are major problems with parking on Thursdays, Fridays, and Saturdays.  He said the “Flat Iron’ will open soon which will add to the problem.  He said fireworks have also been set off.

 

Mr. Marzelli said he took offense to Mr. Stone’s statement that people are driving to other establishments.  He said he is a Trustee of the Elks, and the employees are very cognizant of the problem of people coming in drunk.  He said it is not allowed.

 

Chris O’Leary, who lives adjacent to the property, said the neighborhood has coexisted with the Royal for over 50 years.  He said the biggest problem in the last 10 – 15 years has been the over consumption of alcohol.  He said people stay there all day.  He said he was surprised no one has gotten hurt over the years.

 

Mr. O’Leary said he was not present to oppose the request because he feels it is a management issue, and a training issue of the employees.  He said the license should be granted with contingencies and stipulations in place.  He said he knows Mr. Medeiros and his reputation as a businessman, and believes he is trying to bring the property up to what it should be.  He said another problem is the loudness of the patrons when they leave.

 

Selectman Andrews said he knows Mr. Lemmo, and believes he is committed to the Town.  He asked Mr. Lemmo what his intentions were for being a responsible manager and controlling patrons.

 

Mr. Lemmo said he will be present at the establishment.  He said he has spoken to Chief Russell regarding problems.  He said there will also be a light menu, and he has spoken to Jeanne Spalding regarding this. 

 

Selectwoman Brunelle asked if Mr. Lemmo would consider opening later than 8AM.

 

Mr. Lemmo said he would prefer to open at that time, explaining that there are no other establishments open at that time for people who work third shift.  He said this will contribute to his revenue.

 

Mr. Medeiros pointed out that, generally, people at the bar in the morning are not the problem.

 

Mr. Lemmo agreed, saying it is not very busy at that time.

 

Selectman Andrews asked Mr. Lemmo if he intended to be on the premises at closing time.

 

Mr. Lemmo said yes.

 

Selectwoman Brunelle said she had concerns with the same employees working at the establishment, noting the past problems.

 

Mr. Lemmo said he believes the problem was more of the owners not paying attention.  He said the workers only do what they’re asked of.

 

Madeline O’Leary, an abutter, said that the problem has been that each time a new owner takes over, it goes from bad to worse.  She said a lot of the problems also have to do with the bartenders.

 

Chairman Perkins noted that the Town had had a similar problem with the Central Café years ago, but new, local ownership, has cleaned it up.  He believes the same thing can happen at the Royal.  He said he has no doubt about the recent problems, but said, if rules are in place for patrons and staff, it should be alleviated.  He also suggested ‘No Trespass’ orders against problem patrons.  He said, if the license is issued, the Board will monitor it closely because of the neighborhood problems.

 

Mr. O’Leary asked Mr. Lemmo to work with the neighbors.

 

Tom Locke, the new owner of Farrars, said there have been constant problems with parking because of the Central Café.  He said he already has problems finding a place to park, and his business has not yet opened.  He said the problem is no enforcement for people who park 3 – 4 hours at a time.  Also, there are no signs.

 

Shawn Reynolds, 166 Centre Ave., said he hadn’t met the buyer, but noted the problems of people being outside.  He also said it is not unusual, even if the lights are shut, for people to still be inside getting “hammered”. 

 

Mr. Reynolds asked that the owner, if the license is granted, be held accountable for the actions of the patrons.  He also said there would be a problem if fire engines had to get down the street.

 

Selectwoman Brunelle told Mr. Lemmo that he has an “uphill battle”.  She encouraged neighbors, if the license is granted, to comment to the Selectmen’s Office or the Police Department.

 

Chairman Perkins said, out of everyone who had spoken tonight, he had only met two.  He said he has never received a personal phone call from anyone in the neighborhood.

 

Mr. Reynolds said that the Town Manager’s Office has been contacted over the years.

 

Mr. Healey agreed, saying there has been a long history with these types of problems.  He said he typically refers the problems to the Police Department for enforcement.  He agreed a parking enforcement would help neighbors and other businesses in the area.

 

Mr. Healey said the Police Department can review the parking problems, but the behavior of the patrons and the employees will have to be addressed by6 the owner.

 

Mr. Reynolds said the neighbors try not to call the Police Department every time there is a problem.  When they are called, they respond quickly, but no one is arrested.

 

Bill Fuller, owner of the Central Café, said he went through the exact same hearing 10 years ago.  He endorsed Mr. Lemmo, saying he has the right attitude to clean it up.  He told Mr. Lemmo it was up to him to make the neighbors happy.  He offered to show Mr. Lemmo how he trains his employees for alcohol awareness.

 

Mr. Fuller said everyone in the business district needs to work together.  He said licenses can be controlled and monitored, but limited parking cannot be controlled.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Shawn A. Lemmo d/b/a Center Ave Café, for an Annual All Alcoholic Restaurant License for property located at 160 Center Avenue, Assessors Map 50N Lot 5919, 8AM to 1AM Monday through Saturday, and 12:00 Noon to 1AM on Sundays, subject to approval of the ABCC and DOR, and payment of any outstanding taxes.

            Unanimous Vote.

 

Selectwoman Brunelle asked the Town Manager to report back to the Board relative to the traffic concerns and parking by November 28th.

 

Selectwoman Brunelle told the residents that if there are problems they need to be addressed by the Board of Selectmen.

 

Mr. Healey suggested that, when complaints are registered, he be notified so that he can follow up.  He asked that residents continue to call him, noting the Selectmen only meet once a week.

 

NEW BUSINESS

 

Request to Appoint Members – COA Board of Directors

 

Chairman Perkins read a letter from Ted Lang informing the Board of the resignation of Ellen Grant from the COA Board of Directors.  There is also a vacancy because of the resignation of Richard DeLongchamps.

 

Mr. Lang said there are two (2) positions to be filled, and two (2) terms expiring of members who wish to be reappointed.

 

Mr. Lang said Sara Jigerjian and Deanna Simmons’ terms expire tomorrow.  Both wish to be reappointed, and the Board strongly supports this.

 

Mr. Lang said applications have also been submitted for the other two (2) positions.

 

He said an application was made by Annette Holmes who was a candidate for Board membership last year.  He said Ms. Holmes is active at the COA, and the Board strongly supports her.

 

Mr. Lang said another candidate, Barbara Chadwick, is also involved in a variety of activity, and is supported by the Board.

 

Mr. Lang said Ms. Grant’s term expires on  November 1, 2006.

 

Ms. Holmes addressed the Board.  She said she is very active at the COA and has come to know most members of the Board.  She said she would be comfortable working with this group.  She is also a member of the Community Advisory Committee.  Ms. Holmes said she is qualified and has a good knowledge of what goes on at the COA.

 

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

VOTED:  To reappoint Sara Jigerjian and Deanna Hayes for three (3) year terms to expire on November 1, 2008, and to further appoint Annette Holmes for a three (3) year term to expire November 1, 2008, and appoint Barbara Chadwick to fill the unexpired term of Ellen Grant.

            Unanimous Vote.

 

Request to Approve and Sign Documents for Septic Betterment Program – Treasurer/Collector

 

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

VOTED:  To approve and sign documents regarding a $200,000 bond to be used for the Septic Betterment Program.

            Unanimous Vote.

 

Request to Use Town Vehicle Out of State – Veterans’ Services Officer

 

Paul Provencher was present.  He told the Board that he needs to travel out of state about six (6) times a year to bring Veterans to Providence, RI to Compensation and Pension examination appointments.

 

Selectman Andrews asked why the Town is responsible to do this.

 

Mr. Provencher said most people transport themselves, but there are situations where older Veterans have no support to get there.  Mr. Provencher said he assists when there are no family members that can help.

 

Mr. Provencher reminded the Board that, at the time the Vehicle Use Policy was being voted on, he had requested permission to use the Town vehicle to transport the Veterans.  He was asked to submit a memorandum.

 

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

VOTED:  To authorize the use of the Town vehicle for the Veterans’ Services on the rare occasions that the Agent needs to go to RI for Compensation and Pension examination appointments, subject to notification of the Town Manager’s office, for a period of one (1)year.

            Unanimous Vote.

 

Mr. Provencher also informed the Board that he has asked Town Counsel to draft a Release to be signed by Veterans and the person transporting them, in the event that he or Joe Thomas is not available.  This will be coming before the Board.

 

Mr. Provencher also extended an invitation to the Board to be part of the Veterans’ Day Ceremony.

 

 

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Because of Town Meeting, Mr. Healey did not provide a report this week.  He gave the Board a verbal report.

 

Town Meeting

 

Mr. Healey said the Town had gotten through Town Meeting in “fine shape”.  He said the job now begins to generate revenue to sustain the spending, and the additional commitments for next year.  He said this will be a difficult year.  He noted he is working with Weston & Sampson on landfill related issues.

 

Lakeville IMA

 

Mr. Healey told the Board that he and Dan Murray are working on the Lakeville IMA and the National Development Agreement.  He said he would soon have more information for the Board.

 

Meeting with Department Heads

 

Mr. Healey said he next week he will have a discussion with Department Heads regarding fees and permits.  He said the goal is to exceed Local receipts that were taken in last year.  He said these will increase by $1 million because of the trash fee.  He said the Town will still need to deal with new costs next year, including the 3rd year of contracts, and the request of the School Department for another additional $2 million.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $25.43 and $25.45, totaling $50.88.

            Unanimous Vote.

 

OTHER

 

v     Selectwoman Brunelle told the Board that she ha spoken to Tom Tatro who informed her that the School Department is getting ready to go out to bid on the new bus contract.  The last time this was done, Selectman Wiksten had sat in on the discussions.  He asked if the Board would like to be represented this year.

 

Chairman Perkins noted that Selectman Wiksten had brought some expertise to those discussions.  He said he did not have that knowledge, and was not interested in sitting in.

 

Selectwoman Brunelle agreed.

 

The Board’s Secretary will contract Mr. Tatro.

 

v     Chairman Perkins gave a public notice notifying residents that next week’s Selectmen’s Meeting has been cancelled because of a lack of a quorum.

 

CORRESPONDENCE

 

ü      Information regarding the Welch Corporation and the Landfill was given to the Board.  Mr. Healey said that he is continuing to work with the contractor, meeting on site.  He said the sand will be “reworked” to get it back to spec and be put in the condition it should be in.

 

He said weather dependent, the project has been continuous and progressive.  He will have a meeting tomorrow to make out a work plan.

 

ü      Correspondence from the Assessors to the IT Department was received. A new program in the Assessor’s Office is being implemented.

 

ü      Mr. Healey was asked to coordinator, with the IT Director, ‘On Line Applications’ from the Division of Local Services.

 

Selectwoman Brunelle said the Town Clerk will also be involved.

 

 

 

 

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

            VOTED:  To adjourn at 8:30 PM.

            Unanimous Vote.

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN