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2010 April 20
Minutes of the Board of Selectmen Meeting of Tuesday, April 20, 2010. Present were Eldon F. Moreira, Chairman; Jerry D. Lawrence, Clerk; Nancy J. Maloney, Member. Also present was Elizabeth D. Faricy, Administrator. The meeting convened at 6:30 p.m.

Also present at this time were:
Town Clerk Nancy Morrison
Police Chief Donald Clark
Lt. Victor Flaherty, Jr. and his family
Mr. Joel Richman, Commonwealth Business Brokers
Mr. Mukeshkumar B. Patel, proposed manager of Town Line General Store
Mr. Howard Cahoon, Esq., representing Kuver, Inc.
Mr. Jayantilal Patel, President of Kuver, Inc.

Town Clerk Nancy Morrison swore in Mr. Victor Flaherty, Jr. to his new position of Lieutenant.

The Board offered their congratulations to Lt. Flaherty.

At 6:32 p.m. Mr. Lawrence MOVED for a brief recess. Seconded by Mrs. Maloney and so voted unanimously.

The Board reconvened at 6:34 p.m. Present at this time were Mrs. Morrison, Mr. Mukeshkumar Patel, Mr. Jayantilal Patel, Mr. Joel Richman, Mr. Howard Cahoon, and Mr. Jim King, owner of plaza at 450 East Center Street.

The Board discussed the new requirements set forth in the revisions of the Open Meeting Law. Mrs. Morrison stated that one of the main changes is the minimum of 48 hours notice for a meeting. She said that Saturday will no longer count toward those hours. Mrs. Morrison said that topics that the Chairman reasonably anticipates for discussion must also be posted and that meeting notices and agendas must be available at all hours to the public.

Discussion continued regarding proposals of how to meet these requirements.

Mr. Lawrence then commended Mrs. Morrison for her efforts at the Town Election and otherwise.

Mr. Lawrence MOVED to approve the minutes of March 23. Seconded by Chairman Moreira. Moreira, yes; Lawrence, yes; Maloney, abstained.

Mr. Lawrence MOVED to accept for the review the minutes of April 6 and April 13. Seconded by Chairman Moreira. Moreira, yes; Lawrence, yes; Maloney, abstained.

The Board reviewed the renewal applications for various antique/second hand licenses. Mr. Lawrence MOVED to approve all renewal applications pending any outstanding issues as recommended. Seconded by Mrs. Maloney and so voted unanimously.

Mr. Lawrence MOVED to invite a representative from the Attorney General’s Office or the
Secretary of State’s office to host a seminar on the Open Meeting Law, including the revisions to take effect on July 1, and the Public Regards Law for all appointed and elected officials at a date and location to be determined. Seconded by Mrs. Maloney and so voted unanimously.

At 6:43 p.m. Mr. John Giunta entered the room and Mrs. Morrison left the room.

Chairman Moreira read a public hearing notice to consider the transfer of a Beer and Wine Off Premise liquor license from John and Alison Enterprises, dba Town Line General Store, to Kuver, Inc., dba Town Line General at 450 East Center Street.

Mr. Lawrence MOVED to open the public hearing. Seconded by Mrs. Maloney and so voted unanimously.

Mr. Howard Cahoon, Esquire, stated that he is representing Kuver, Inc., in this transaction. He stated that the Town Line General Store is under a purchase and sale agreement with one contingency being the successful transfer of the Beer and Wine Off-Premise license. Mr. Cahoon said that Kuver, Inc., intends to eliminate the pizza and ice cream and offer primarily convenience store products in addition to beer and wine. He stated that the applicants intend to renovate the store minimally.

Mr. Moreira asked if the applicants were TIPS certified. Mr. Cahoon stated that they are willing to enroll in a class. Mr. Cahoon stated that he has spoken with the Building Inspector as well as the Board of Health for their respective permits.

Mr. Jim King, owner of the property, stated that he is looking forward to working with Kuver, Inc.

Mr. Lawrence MOVED to approve the transfer of a Beer and Wine Off Premise Liquor License from John and Allison Enterprises dba Town Line General Store to Kuver, Inc., dba Town Line General Store pending approval by the Alcoholic Beverages Control Commission. Seconded by Mrs. Maloney and so voted unanimously.

Mr. Lawrence MOVED to close the public hearing. Seconded by Mrs. Maloney and so voted unanimously.

At 6:51 p.m. Mr. Cahoon, Mr. Richman, Mr. Mukeshkumar Patel, Mr. Jayantilal Patel, Mr. Jim King and Mr. Giunta left the room. At this time, Library Trustees Dean Hardy, Robert Sullivan, and Richard Adams and Ms. Heidi Hardy entered the room.

Chairman Moreira read a recommendation of appointment to the Library Board of Trustees for Mrs. Heidi Hardy. The Board agreed to discuss this matter when a quorum was present for the Board of Trustees.

Mr. Lawrence MOVED to approve a request from the Senior Class to use War Memorial Park for Graduation Rehearsal and Graduation Exercises to be held on Friday, May 28, 2010 at 8:30 a.m. and 6:00 p.m., respectively, and to waive any and all associated fees. Seconded by Chairman Moreira. Moreira, yes; Lawrence, yes; Maloney, abstained.
        
During the Public Comment Period Selectmen Lawrence requested that the Board send out a reminder to the Highway and Vehicle Maintenance Superintendent regarding street sweeping and to pay particular attention to Elm Square, Central Square, Howard Street at Routes 106 and 28, and at the intersection of Routes 106 and 28. He stated that in the past the Board requested to sweep these areas more frequently throughout the summer and that litter along the roads be picked up.

Mr. Lawrence MOVED to send a notice requesting that the Highway and Vehicle Maintenance Superintendent continue to conduct the street sweeping throughout Town and to sweep more frequently Elm Square, Central Square, Howard Street at Routes 106 and 28, and at the intersection of Routes 106 and 28. Seconded by Mrs. Maloney and so voted unanimously.

At 6:56 p.m. Ms. Sona Hoisington, Library Trustee, and Library Director Beth Smith entered the room.

The Board then discussed the current vacancy on the Library Board of Trustees. Mr. Sullivan stated that the Board of Trustees recommends Ms. Heidi Hardy to fill the vacancy.

Mr. Sullivan MOVED that Ms. Heidi Hardy be appointed as a Trustee of the Public Library to fill the vacancy for a term of one year. Seconded by Mr. Lawrence. Moreira, yes; Lawrence, yes; Maloney, yes; Sullivan, yes; Adams, yes; D. Hardy, yes; Hoisington, yes.

At 7:00 p.m. Ms. Smith and the Library Trustees left the room.

The Administrator then gave her report. Mrs. Faricy presented to the Board a balanced budget for fiscal year 2011. She stated that the figures are based on an anticipated four percent cut from state and local aid from the presentation of Senator Brian A. Joyce in March.

Mr. Lawrence thanked Mrs. Faricy and the Department Heads for submitting both level funded budgets and budgets with a decrease of up to five percent. Mrs. Faricy stated that there were very few budgets that had to sustain a five percent cut.

Mr. Lawrence MOVED to pass along the budget presented to the Finance Committee as the official budget of the Board of Selectmen. Seconded by Mrs. Maloney and so voted unanimously.

Mrs. Faricy discussed with the Board the state’s legislation relative to expanded gaming. She stated that the legislation calls for an establishment of a community mitigation fund, which was one of the main causes of the Casino Task Force.

Brief discussion continued relative to the creation of jobs at the Taunton - Raynham dog track.

At 7:12 p.m. the Board MOVED to enter into Executive Session pursuant to MGL Chapter 39, Section 23 B exception 3, to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position.  Also, to conduct strategy sessions in preparation for negotiations with non-union personnel, to actually conduct collective bargaining contract negotiations with non-union personnel. Open Session will not reconvene. Roll Call vote showed: Moreira, yes; Lawrence, yes; Maloney, yes.




Town of West Bridgewater, MA 65 N. Main Street, West Bridgewater, MA 02379 PH: (508) 894-1200