January 14, 2004
BOARD OF SELECTMEN
MINUTES
January 14, 2004
The Board met in Regular Session at 7:30 p.m. in its meeting room at Abbot Hall.
Present (constituting a quorum):
Jeffrey N. Shribman, Chairman
William M. Purdin William L. Woodfin, II
Judith R. Jacobi Harry C. Christensen
Anthony M. Sasso, Town Administrator

MINUTES. Motion made and seconded to approve the minutes of January 7, 2004. -----All in favor.

ANNOUNCEMENTS. Town Census. Voter Registration. Thomas A. McNulty, Town Clerk, appeared to remind the public to return completed census forms to his office located in Abbot Hall. Mr. McNulty also invited those that have not done so already to register for the upcoming Presidential Primary election. Registration should be completed on or before February 11 and may be accomplished in his office.

PERMISSION. Licensing. John Doane, House Committee Chairman of the Boston Yacht Club, One Front Street, appeared before the Board to obtain approval of the change of manager on the All Alcohol Club License previously issued to the Boston Yacht Club. A motion was made and seconded to approve the change of manager to be Mark McMahon (who also appeared with Mr. Doane), of 7 Hillcrest Circle, Swampscott. All in favor subject to receipt of satisfy Criminal History Systems Board (CORI) results for Mr. McMahon and the requisite Alcohol Beverage Control Commission (ABCC) approval. All in favor.

PERMISSION. Licensing. Harry Christensen, Commander of Chaplain Lyman Rollins Post d/b/a VFW Post #2005, Inc., 321 West Shore Drive, appeared before the Board to obtain approval of the change of manager on the All Alcohol Club License previously issued to the VFW Post. A motion was made and seconded to approve the change of manager to be Daniel D. Fallon, of 205 Highland Avenue, #1207, Salem. Voted 4-0 in favor (Mr. Christensen recusant), subject to receipt of satisfy CORI results for Mr. Fallon and the requisite ABCC approval.

An additional motion was made and seconded to approve the following officers of the VFW Post #2005 for its 2003/2004 fiscal year: Harry Christensen, Walter Fader, Steven Mitchell, Rand Bartlett, Hooper Cutler, John Hackett, Greg Haritos, David Rodgers, John Crowley, Douglas Knowles and David Campbell. Voted 4-0 in favor (Mr. Christensen recusant), subject to the receipt of the requisite ABCC approval.

FINANCE COMMITTEE. Interviews. Appointment. Kenneth D. Segal, of 23 Columbia Road, appeared before the board to interview for the one open position on the Finance Committee. Presently five applicants (inclusive of Mr. Segal) for this one position exist. Four of the five applicants have already been interviewed (John J. Buba, Jr. of 5 Palmer Road, Peter Franklin of 8 Bradlee Road, Richard A. Forbes of 9 Dodge Road and Harold Owen Nichols of 1 Waldron Street). Motion made and seconded to place the names of all applicants into nomination. All in favor. Motion made and seconded to appoint one of the five applicants to the one vacancy. On a polled vote, the board voted as follows: Mr. Christensen: Mr. Segal; Mr. Woodfin: Mr. Forbes; Mrs. Jacobi: Mr. Buba; Mr. Purdin: Mr. Franklin; Mr. Shribman: Mr. Buba. Motion failed. On a second polled vote, the board voted as follows: Mr. Christensen: Mr. Buba; Mr. Woodfin: Mr. Forbes; Mrs. Jacobi: Mr. Buba; Mr. Purdin: Mr. Buba; Mr. Shribman: Mr. Buba. Mr. Buba was appointed to the Finance Committee with a term to expire in May 2005.

PERMISSION. Licensing. Sunday Alcohol Sales. James G. Crosby, Manager of Crosby’s Markets, Inc. appeared with Brian MacIntyre, General Manager to obtain approval of Sunday Sales By Holders of Licenses Under General Law Chapter 138, Section 15 On An Annual Basis Pursuant to Chapter 141 of the Acts of 2003. Such approval would permit Crosby’s Markets, Inc. and other retail package goods store licensees in the town to sell alcohol on Sundays. After discussion, a motion was made and seconded to approve the sale of alcohol on Sundays, effective Sunday, January 18, subject to the following conditions:
No Sales by a Section 15 licensee may be permitted on:
i. the last Monday in May (Memorial Day);
ii. Thanksgiving Day;
iii. Christmas Day, or on the day following when Christmas day falls on a Sunday;
iv. Sunday Christmas Day, if Christmas day falls on a Sunday.
Any sale on a Sunday by a Section 15 licensee must comply with the following five conditions:
i. no sales may be made prior to Noon;
ii. no sales may be made after 11:00 p.m.; no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday;
iii. employees must be paid at a rate not less than 1 _ of the employee’s regular rate;
iv. any licensee that sells on Sundays and employs more than 7 persons must compensate all employees working on a Sunday at a rate not less than 1 _ of the employee’s regular rate;
v. no employees may be required to work on a Sunday, refusal to work on a Sunday is not grounds for discrimination, dismissal, discharge, deduction of hours, or any other penalty.

RESERVE FUND TRANSFER. Insurance Premiums. Motion made and seconded to approve the transfer of the sum of $1,541.00 to insurance premiums. The amount will be used for additional charges minus credits. All in favor.

PERMISSION. Use of Abbot Hall. A previously received request from Maggie Smist, President of the 2004 Marblehead Festival of Arts, which was tabled for vote from last week was revisited. Motion made and seconded to approve the use of Abbot Hall by this organization for an upcoming film festival (on February 26) and a live auction (on May 2), subject to rules and regulations for the use of Abbot Hall. All in favor.

PERMISSION. Banner. Letter from Rochelle Bartlett of the North Shore Wellness Fair Committee, requesting permission for a banner to be hung to inform the public about the 8th Annual North Shore Wellness Fair that will be held on Sunday, April 25 (10:00 AM to 2:00 PM), at the O’Keefe Center at Salem State College. Motion made and seconded to grant approval of the hanging of the banner over Pleasant Street from Monday, April 19 to Monday, April 26, subject to the receipt of the required proof of insurance. All in favor.

PERMISSON. Licensing. One Day. Letter from Bernard Bitman of Temple Emanu-el, requesting permission to sell wine at the temple’s annual Cabaret evening on February 1, 2004 and a jazz concert on April 25, 2004. Motion made and seconded to grant permission, subject to payment of the usual fee. All in favor.

PERMISSION. Sandwich Boards. E-Mail from Barbara Eyges of the Theatre of Light, requesting permission to place sandwich boards to promote the theatre’s musical production of “Destiny” on January 17, 18, 24 and 25 (Saturdays at 7 PM and Sundays at 2PM and 7PM) at the Clifton Lutheran Church. Motion made and seconded for placement of the boards (to be removed Monday, January 26), at the following six locations: Lafayette and Maple; Humphrey and Lafayette; Pleasant and Essex; Tedesco and Humphrey; Beach and Ocean and Atlantic at Seaview. All in favor.

PERMISSION. Banner. Letter from Diane T. Stringer, President of the Hospice of North Shore requesting permission for a banner to be hung to inform the public about the 10th Annual Regatta to benefit the Hospice of the North Shore that will be held on Friday, June 18 and Sunday, June 20, at the Boston Yacht Club. Motion made and seconded to grant approval of the hanging of the banner over Pleasant Street from Monday June 14 to Monday June 21, subject to the receipt of the required proof of insurance. All in favor.

PERMISSION. Street Banner and Sandwich Boards. Letter from Thomas Commeret, Head of the Marblehead Community Charter Public School, requesting permission for a banner to be hung and sandwich boards to be placed to inform the public of the 12th Annual Great Picnic on Memorial Day, Monday, May 31 (11 AM to 3 PM). Motion made and seconded to grant approval of the hanging of the banner over Pleasant Street from May 24 to May 31, subject to the receipt of the required proof of insurance, and the placement of boards at the following locations: Pleasant and Essex; Atlantic at Seaview and Humphrey and Lafayette. All in favor. Mr. Commeret also requested that Lime Street be closed on May 31 from 8 AM to 4 PM. Lime St. discussion tabled.

PERMISSION. Banner. Letter from Bob Clark on behalf of Team Fred, requesting permission for a banner to be hung to honor local cycling professional Tyler Hamilton during the tour that begins July 3 and runs through July 25. Motion made and seconded to grant approval of the hanging of the banner over Pleasant Street from July 5 to July 12, subject to the receipt of the required proof of insurance. All in favor.

BUILDING DEPARTMENT. Appointment. Letter from Robert S. Ives, Building Commission announcing the retirement of Skip Lyons, Wire Inspector on Friday, January 23. Mr. Ives also requested that Ron Marks, the Assistant Wire Inspector be appointed to the position to be vacated by Mr. Lyons. Motion made and seconded to appoint Mr. Marks to the position of Wire Inspector effective January 24, 2004. All in favor.

TRIBUTE. Motion made and seconded to send a letter to Mr. Lyons to congratulate him on his retirement and thanking him for his many years of service as the town’s Wire Inspector. All in favor.

CONDOLENCE. Motion made and seconded to send a letter of condolence to the family of Brent E. Clisby who recently passed away. All in favor.

INVITATION. Dinner Dance. Mr. Christensen extended an invitation to the public to a complimentary dinner dance on February 29 (at 7 PM) to be held at the VFW Post #2005. The dinner dance is being held to honor Mr. Anthony Pierro, 20 Tidd Street, Swampscott, last known WWI vet in our area and in honor of his service to country and the VFW Post 2005.

CONDOLENCE. Motion made and seconded to send a letter of condolence to the family of John Knowles who recently passed away. All in favor.

OLD AND HISTORIC DISTRICTS COMMISSION. Applicants. An announcement was made that persons interested in serving as an alternate on this commission are to apply to the Selectmen’s Office by no later than 5 PM on Wednesday, February 4.
ANNOUNCEMENT. Appointments. Motion made and seconded to send a letter to the Chairman of each of the town’s various committees to thank members for their service. to the town and to remind them that attendance levels may be taken into consideration in connection with appointments for upcoming terms.

ANNOUNCEMENT. Tax Relief Fund. An announcement was made that donations to the Tax Relief Fund for the Elderly and Disabled may still be sent to the Town of Marblehead, c/o Council on Aging at any time.

Motion made and seconded to go into executive session to discuss pending litigation and collective bargaining, votes may be taken, and if they are, votes will be released at a time deemed appropriate by Counsel, not to resume in open session. On a polled vote, the Board voted as follows: Mr. Christensen in favor; Mr. Woodfin in favor; Mrs. Jacobi in favor; Mr. Purdin in favor; and Mr. Shribman, in favor.

Motion made and seconded to adjourn at 8:50 p.m. All in favor.
Ursula M. Kretschman

Administrative Aide