BOARD OF SELECTMEN PLYMOUTH, MASSACHUSETTS November 8, 2005

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BOARD OF SELECTMEN

PLYMOUTH, MASSACHUSETTS


November 8, 2005


The Selectmen held their weekly meeting on Tuesday, November 8, 2005 at 7:00 p.m. at the Town Hall, 11 Lincoln
Street:


Present:

Kenneth A. Tavares, Chairman



David F. Malaguti, Vice Chair
man



Richard J. Quintal, Jr.



Anthony R. Schena



Jean S. Loewenberg




Mark D. Sylvia, Town Manager



Melissa Arrighi, Assistant Town Manager



SWEARING IN


Town Clerk Laurence Pizer swore in the following individuals from the Fire Department:


Rev.
William Filllebrown
-

Fire Chaplain

Lieutenant Anthony Azulay

Lieutenant Randy Kierstead


Town Clerk Laurence Pizer also swore in the following members from the Police Department:


Sergeant Martin Mason

Lieutenant John Rogers


Chairman Tavares commended a
nd congratulated all on their appointments.



2005 THANKSGIVING CELEBRATION


Ollie deMacedo, Chairman of the Thanksgiving Celebration, updated the Board on this year’s Thanksgiving Celebration.
The parade through the center of Town will take place on Novem
ber 19, 2005. Chairman Tavares thanked Mr. deMacedo
on behalf of the Town for all of his efforts.


Chairman Tavares also reminded the public of a ceremonial Selectmen’s meeting to be held at the 1749 Courthouse on
November 22, 2005 at 6 p.m. Mr. Tavares
explained that he would like to start a tradition with holding a ceremonial
meeting there every year. Chairman Tavares also asked public to place electric candles in their windows during the
month of November for the visitors who come to Plymouth and also

for our troops abroad.



TOWN MANAGER’S REPORT


Storm Water Management



Mr. Sylvia announced that the Department of Public Works was in the process of
implementing several storm water management projects to improve water quality in Plymouth Harbor. At T
own Hall,
bioretention cells were being installed to remove pollutants from storm water coming from the site. In addition to the
bioretention cells, planter boxes would be utilized for rooftop runoff and bioretention islands would be placed near Lincoln
a
nd Union Streets.

2

TOWN MANAGER’S REPORT (continued)


Similar projects are being implemented across the street at Nathaniel Morton School, Stephens Field and Howes Lane.


FY06 Supplemental Budget



Mr. Sylvia reported that the Massachusetts House of Represe
ntatives has included funds
in the FY 06 supplemental budget for the design of a senior center ($200,000) and the design of traffic lights on Route 44
near Plymouth Mobile Estates ($75,000).


Vice Chairman Malaguti asked if the money had a time limit. Mr
. Sylvia responded that the money would be there for at
least the next two fiscal years and the legislative delegation would work with us if we needed more time.


Mr. Sylvia thanked Representatives deMacedo and O’Brien for their efforts in including these
funds in the supplemental
budget. He stated that the Senate would begin consideration of the supplemental budget this week.


Tax Classification Hearing



Mr. Sylvia informed the public that the Board of Selectmen would be holding its annual
tax classifica
tion hearing on Tuesday, November 29, 2005 beginning at 7:15pm. Notices had been posted in the Old
Colony Memorial.


Auction



Mr. Sylvia advised Board that this past Saturday, the Treasurer conducted a land
-
only auction, which
generated $85,000 in revenu
e for the Town. He thanked everyone in the Treasurer/Collector’s office.



LICENSES


Vehicle for Hire Operator (New)


Robert Joslin

12 Michelle Ave

Carver, MA


Patriot Transportation


Driving record and background check show no basis for denial.


Vice Cha
irman Malaguti moved to approve the above license and Selectmen Schena seconded. Voted 5
-
0 approved.


One Day All Alcohol License


Zion Lutheran Church, 386 Court Street is requesting a one day all alcohol liquor license for November 19, 2005 from
4:30
p.m. to 10:00 p.m. for a wedding reception to be held at the Loring Center function hall.


Liquor liability is in place and professional bartenders will be serving the alcohol.


Vice Chairman Malaguti moved to approve the above license and Selectmen Schena

seconded. Voted 5
-
0 approved.


Common Victualler (Amendment)


The Docside Café

65 Main Street

Requesting a name change to The Winslow Café.




3

LICENSES (continued)


Common Victualler (New)


Plymouth Percy’s Place

35 A Main Street

Joshua Heston


(Formerl
y Riptides)


Issuance of the above license is subject to approval from the building and health departments.


Vice Chairman Malaguti moved to approve both above licenses and Selectmen Schena seconded. Voted 5
-
0 approved.


Lodging House (Renewals)


Sandpipe
r Inn

205 Taylor Avenue


Meadowview

204 Sandwich Street


Corporation of the Ryder Home for Old People

54 Russell Street


Issuance of the above licenses is subject to the completion and submission of renewal forms.


Vice Chairman Malaguti moved to approve t
he above renewals and Selectmen Schena seconded. Voted 5
-
0 approved.


Comprehensive

Entertainment Renewals

The Pizza Factory Business Trust

Gr. 1

South Shore Arts and Recreation Center,

Gr. 1, 2, 3, 4

Ellis Haven Campground (Campy's)

Gr. 1, 2, 3, 4


Co
mmon Victualler Renewals

All American Diner

7
-
Eleven #32482A

Boli's Pizza

Manos
-
Cappy's Pizza, Inc.

Friendly Ice Cream Corp., d/b/a

McDonald's of Plymouth

Friendly's

Jubilee Catering, Inc.,

Gellar's Snack Bar, Inc.

Peaceful Meadows Farm, Inc.

Harborview Re
staurant

Pocahontas

Ashtin Management, d/b/a

Plymouth Bay Corp., d/b/a

4

LICENSES (continued)


Honey Dew Donuts

Pilgrim Sands Motel

Happy Garden Restaurant

Plymouth House of Pizza

Jordan Hospital

Plane Jane's Café


Common Victualler Renewals (continued)


Sou
thside Fare Restaurant

G.M.C.S. Inc., d/b/a

(Plymouth South HS)

G.M.C.S. Inc., d/b/a

Comfort Inn

Pilgrim Path

The Pizza Factory Business Trust

Pebbles Restaurant

Plymouth Sports Dome

PB & J Enterprises d/b/a


Wayne's Seafood Market

Rock Bottom Seafood Mar
ket


Second Generation Donuts LLC,

Rose and Vicki's

d/b/a


Dunkin Donuts

Sandy's at Plymouth Beach


Shaw's Supermarket, Inc.

South China


Stop & Stop #484

Siam Kitchens, d/b/a

Star of Siam Restaurant

Stevie's Pizza

See n' Save Discount

Town Wharf Enterpri
ses, Inc.

Bramhalls

Tedeschi Food Shop, Inc. #192

Boston Wyman, d/b/a

Ziggy's

Burger King

Super Stop and Shop #469

The Blueberry Muffin

Cows Inc., d/b/a

Clyde's Bakery and Deli

Peaceful Meadows

Minerva's Pizza House

Plymouth South High School


(Concession

Stand)

Shaw's

Scampoli Corporation, d/b/a


Dunkin Donuts

7
-
Eleven 32488A

Scampoli Corporation, d/b/a

Fat Mikes Diner

Dunkin Donuts

LaBella Torta

Scampoli Corporation, d/b/a

3A Café

Dunkin Donuts


Harborside Take Out

Scampoli Corporation, d/b/a

Dunkin Donu
ts

Mary Lou's News, Inc.

Scampoli Corporation, d/b/a

Boys and Girls Club of Plymouth

Dunkin Donuts

Casa Brasil

China Gourmet

McBee Enterprises d/b/a

Hansel's Sweet & Novelty

Honey Dew Donuts

Cedarville House of Pizza

MaryLou's News, Inc.


MaryLou's Coffee

5

LICENSES (continued)


Concession Stand at Romano

Athletic Field

Maggie & June's Diner


WMC, Inc., d/b/a

Choi King Restaurant

Kiskadee Coffee Company


Common Victualler Renewals (continued)


Delops Inc., d/b/a

Belle's Coffee House

D'Angelos Sandwich Shop

BJ's Wholesale Club, Inc.

Samoset St. Donuts Inc., d/b/a

Three Brothers Café

Dunkin Donuts

Mac's Village Creamery


Delops Inc., d/b/a

D'Angelos Sandwich Shop

Eel River Beach Club

McDonald's

Marche's

Galley Rose

Cape Cod Enterprises, LLC., d/b/a

Dunkin Donu
ts

The DocSide Café

Passport A Taste of Europe, Inc.

d/b/a Passport, Inc.

Metro's Café


*Issuance of the above licenses is subject to the completion and submission of renewal forms.


Automatic Amusement Renewals

Armstrong Skating Rink

For two (2) machines


Ellis Haven Campground

For eleven (11) machines

(Amusement Center)

Plymouth Sports Dome

For four (4) machines


White Horse Beach Inc., d/b/a

White Horse General

For six (6) machines

(Gameroom, July 1, 1984,


6

LICENSES (continued)

Rose and Vicki's, Inc.

For two (2) machines


*Issuance of the above licenses is subject to the completion and submission of renewal forms.


Auto Dealer Renewals

Corvette Mike New England

Verc, Inc.

Tracy Motors, Inc.

Michael Milian and William

John Vercollone, President

Jay Tr
acy, President

Class II

Class II

Class I

South Street Garage

Steve's Auto

Cape Cod Classics, Inc.

Wayne Ward

Stephen Gellar

Lawrence Zimble, President

Class II

Class II

Class I

Dennis Candlen d/b/a

RJ Motors

Cedarville Motors

Denis P. Candlen

Ronald Hayes,

Jr.

Emma Seiden

Dennis Candlen

Class II

Class III

Class II


Levis and Sons, Inc.

Vances Auto Body, Inc.

Auto Body & Tire Center, Inc.,

Albert Levis, III, President

Vance Almeida, President

Cape Auto Body

Class II

Class III

David Gellerani, President

Class

II

Grennell's Auto Repair

Almeida's Inc.


Robert Grennell

Stephen Almeida, President

Samoset Auto Service, Inc.

Class II

Class III

John McNamara, President

Class II

Russell J. Romboldi, Jr.

Auto
-
Motion Ltd.


Discount Detail

John Healy

Town Brook Service C
enter

Russell Romboldi, Jr.

Class II

John Mahoney and Ralph

Class II

Class II

Dan Gillis Auto Sales


Colonial Ford, Inc.

Dan Gillis

Manomet Gulf, Inc.

Lawrence Gordon, President

Class II

Timothy Hayes, President

Class I

Class II

Showroom Reconditioning


S
garzi Pontiac Buick, Inc.

Thomas Wallace


Paul Sgarzi, President

Class II


Class I

*Issuance of the above licenses is subject to the completion and submission of renewal forms.

7

LICENSES (continued)


Auto Dealer Renewals

Norman J. Fortini

Peter E. Ellis

Co
rvette Mike New England

Norman Fortini

d/b/a Pete's Auto

Michael Milian and William

Class II

Peter E. Ellis

Class II


Class II

Richard Romboldi, Jr. d/b/a

Jesse's Marine, LLC d/b/a

Kennedy Motor Sales

Baker's Auto

Jesse's Marine

Richard Romboldi

Peter Bak
er

Priscilla Jesse

Class II

Class II

Class II

Paul R. Almeida d/b/a

Carl Bruno, Inc. d/b/a

Pilgrim Power Sports, Inc.

Almeida Towing

North East Cycles

Alton Power

Paul Almeida

Carl Bruno, President

Class I

Class II

Class I

Almeida's Inc.

Carl Bruno, Inc. d
/b/a

Auto Web

Stephen Almeida, President

North East Cycles

Ali Sholohzadeh

Class II

Carl Bruno, President

Class II


Class III

Joseph G. Souza's Towing &

Regina and Calvin Mills

Joseph Souza

Jayne Handscom d/b/a

Best Buy Auto Sales

Class II

Lou Winz Auto S
ales

Calvin Mills


Jayne Handscom

Class II



Class II

Vance’s Auto Body, Inc.

Vance Almeida, President

Daniel O'Connell d/b/a

Class II

John W. Zink

Plymouth Auto Group


Jack's Auto Sales

Daniel O'Connell

Lou Tavares
-

Auto Group

John W. Zink

Class II

Louis

Tavares

Class II

Class II




KMS Auto


Joseph Buono d/b/a

James Kennedy, Jr.


J.T.B. Limousine

Class II


Joseph Buono


Class I

Plymouth Motorcars, Inc.

Matthew Meyer, President

Class II

*Issuance of the above licenses is subject to the completion and subm
ission of renewal forms.


Vice Chairman Malaguti moved to approve the all of the above license renewals and Selectmen Schena seconded. Voted
5
-
0 approved.
8

ADMINISTRATIVE NOTES


Minutes
-

The minutes of October 24, 2005 were approved on a motion from Vice

Chairman Malaguti and a second from
Selectman Schena. Voted 5
-
0 approved.


House Bill 1675

-

The Board voted to request the legislative delegation’s support of House bill 1675, an act to assist in
enforcing the removal of doubled
-
up telephone poles.


Gift



The Board accepted, as a gift, a check in the amount of $1,000.00 from Wal
-
Mart to the Plymouth Police
Department.


No Place for Hate Committee



The Board voted to remove designated members from the No Place for Hate
Committee. The members had missed
more than three consecutive meetings this year and have not submitted their
resignations as requested. The No Place for Hate Committee voted unanimously for their removal as well.


Nutrient Management Stakeholder’s Committee



The Board reconfigured the s
tructure of the eleven members of
the Nutrient Management Stakeholder’s Committee to the following per a recommendation from the Environmental
Management Division of the DPW: Eel River Watershed Association, Inland Fisheries Committee, Cranberry Growers
As
sociation, Cranberry Owner, Conservation Group, Plimoth Plantation, General Business Owner, Developer, Eel River
Watershed Property Owners (2), Landscaper or Engineering Firm.


Reappointment



The Board reappointed Mr. Edward Russell to the Nutrient Manage
ment Stakeholder’s Committee.


Liquor Fee



The fee for the Seasonal All Alcohol Commercial Club was set at $1,425.00 on a motion from Vice Chairman
Malaguti and second from Selectman Schena. Voted 5
-
0 approved.



PUBLIC COMMENT


Mr. Sean Dodgson, Chai
rman of Plymouth Veteran’s Council, invited everyone to the Veteran’s Day parade on November
11, 2005. He also invited the families of those Veterans currently serving and those recently returned, to be their
honored guests at Town Green to receive the h
onor they deserve. Mr. Dodgson also informed the Selectmen and the
public of some of the Veteran’s Day celebrations in the town and in our schools.


Mr. Michael Main, resident, explained that he had an issue with the blocking of the beach access by Mr. F
rank Paluccio.
He explained that the residents there had deeded beach rights but Mr. Paluccio had slightly blocked the entrance to the
beach. He asked the Selectmen to put this on the docket for an upcoming meeting. Mr. Sylvia would refer this to the
DP
W Department.


Mr. Schena and Mr. Malaguti agreed with Mr. Main that this item should go on the docket as well. They asked Mr. Sylvia
to schedule this for the first week in December.



DOG HEARING APPEAL


MCCARRICK


Chairman Tavares opened up the heari
ng and called up the respondent to speak.


Ms. Laurie McCarrick, the respondent in this hearing, presented a petition from the nursing home where she brings her
dogs stating that the dog was very friendly and not a danger to anyone. She stated that her dog

had never harmed
anyone and on the day of the attack, the complainant was on her property and the dogs became protective. She also
stated that it was not Toby who attacked the dog, as she was holding him when it happened. Several witnesses testified
on
behalf of the dog Toby, stating that they had never seen any aggression from him. They stated that the dog may be
large, but appearances could be deceiving and he was not a vicious animal.


9

DOG HEARING APPEAL


MCCARRICK (continued)


Mr. McCarrick also
testified that the dog Toby did not have a vicious nature. He apologized for the attack and the
inconvenience on everyone but stated that if this dog was an issue then sending it out of the Town of Plymouth would
only be placing the problem elsewhere.


Mr
. William McCusker, Animal Control Officer, explained that he had been called to house 3 times within the past year for
leash violations. He said that the dogs were being walked past the McCarrick’s property with their owners, so
unfortunately the owners
could be harmed as well. He explained that the leash law had been violated three times during
the last year and this was the first time Ms. McCarrick had responded to Animal Control.


Ms. Meredith Dwyer, the complainant, was the person whose dog was attac
ked. She explained that she was walking
passed the property but was not on the McCarrick’s property. She explained that this was the third attack involving Toby.
She said that Ms. McCarrick never apologized and that she also lied to the police when they

came. She said that Ms.
McCarrick could not control her dog and so the dog broke free and chased her and her dog down and attacked her dog.
She asked the Board to have this dog removed before someone was seriously injured.


Ms. Julie Brenton, neighbor, e
xplained that this was the third attack by the dog Toby and that the neighborhood was full
of small children and this animal was a big concern. She explained that this dog had chased her own children and that a
lot of the children live like prisoners in t
heir own neighborhood. Ms. Pamela Kirby also testified against this dog and
stated that this dog had been vicious toward others.


Ms. Arrighi, Assistant Town Manager, assured the Board that if the dog was to be removed, the information about the
animal w
ould go to that new town.


Chairman Tavares closed the hearing and then explained that the Board had two options. He explained that they could
motion to reconsider the original decision and if no motion then the original decision would be upheld. Since th
ere was
no motion, Chairman Tavares stated that the original decision would be upheld.



SNOW AND ICE DEFICIT


Mr. Bruce Miller, Finance Director, updated the Board on Snow and Ice Deficit. Mr. Miller explained that the deficit
incurred in FY2005 totale
d $1,309,563.60. He further explained that the Town’s snow and ice appropriation was
$283,807 but during the year, the Town expended $1,871,670 thereby overspending by $1,587,863. Additionally there
was a FEMA reimbursement of $278,300. Mr. Miller expla
ined that based on fiscal year 2005’s tax
-
rate data, the impact
of this deficit would increase the tax rate by .16 cents, or from $10.43 to $10.59 per $1,000 of assessed valuation.



OLD BUSINESS/LETTERS/NEW BUSINESS


Generator



Vice Chairman Malaguti voi
ced his aggravation at the generator pad in the parking lot. He did not
understand why the generator still wasn’t on top of it. Mr. Sylvia responded that the DPW Department was analyzing it to
make sure it was the right size and could support the generat
or. He felt the size was adequate. Mr. Sylvia said he would
resolve this with the DPW Director.


Derelict Buildings

-

Vice Chairman Malaguti asked for clarification on the memo from Ms. Georgio regarding derelict
buildings. He wanted to ask if these bu
ildings could be inspected even if they were still occupied. He asked to know the
Town’s rights and who could inspect them.




10

Executive Session


Vice Chairman Malaguti moved to go into executive session pursuant to Massachusetts General
Laws, Chapter 3
9, Section 23B, Paragraph 3,


contract negotiation. Selectman Schena seconded. Voted 5
-
0 by roll call
Quintal
-
yes, Malaguti
-
yes, Schena
-
yes, Loewenberg
-
yes and Tavares
-
yes.



Lisa Conroy, Clerk