BOARD OF SELECTMEN
MINUTES
March 3, 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 February 18, 2004. All in favor.

HARBOR AND WATERS BOARD. Power Boat Contract. Motion made and seconded to award the contract for Harbormaster’s Power Boat to the lowest bidder, Eastern Boats Inc. of Milton, NH in the amount of $168,238.00 and authorize Chairman to sign on behalf of the Board. All in favor.

PERMISSION. Sandwich Boards. Letter from Linda Hanratty, Tower School Parents Association Tower Fair Co-Chair requesting permission to place boards to announce the Tower Fair scheduled for Sunday, May 16 at Tower School from 12 to 3:00 p.m. Motion made and seconded to approve the placement of the boards during the period of May 11 to 16 at the Tedesco and Humphrey St. and Lafayette and Maple approved locations. All in favor.

TRAFFIC AND SAFETY. Parking Space. Letter from Police Lt. Dave Millett recommending that a fifteen minute parking time limit be set for the parking space that currently exists at the northeastern corner of Pleasant and Cross Street, directly in front of Village Rug Cleaners on Pleasant Street. Motion made and seconded to approve the fifteen minute parking time limit. All in favor.

TRAFFIC AND SAFETY. Parking Sign. Letter from Police Lt. Dave Millett recommending that a “No Parking Here to Corner” sign be placed at the twenty-five foot mark from the southwest corner of Rolleston Road on Atlantic Avenue. Motion made and seconded to approve the placement of the sign. All in favor.

HISTORICAL COMMISSION. Revolving Fund. Letter from Paul L. Lausier, Chairman requesting continuance for fiscal 2005 the revolving fund approved, recommended and authorized by Town Meeting for fiscal 2004. Motion made and seconded to approve. All in favor.

PERMISSION. Use of Town Seal. Letter from Allison Arneill on behalf of the Marblehead Conservancy requesting permission to use the Town’s Seal on the brochure for the Board of Selectmen Perambulation (organized by the Marblehead Conservancy) on May 15, 2004. Motion made and seconded to approve. All in favor.

PERMISSION. One Day Liquor License. Motion made and seconded to approve the request of Bernard Bitman, on behalf of Temple Emanu-el for permission to sell wine at Annual Cabaret on March 14. (The Cabaret was originally approved for 2/1 at the 1/14 meeting.) All in favor.

TRAFFIC AND SAFETY. Parking Space. Motion made and seconded to rescind the approval of the creation of a handicapped parking space parallel to the curb, on the northeasterly side of Mugford Street, beginning at a point 78- feet northwest of the northwesterly curb-line of Mechanic Street, thence continuing in a northwesterly direction for a distance of 20-feet which was previously approved by the Board of Selectmen on October 2, 2002. All in favor.

PERMISSION. Banner. Motion made and seconded to approve the request of Leslie Gould, on behalf of the Chamber of Commerce to hang a banner across Pleasant Street, that reads: Shop, Dine, Stay Marblehead, during the week of March 15. All in favor.

PERMISSION. Sandwich Boards. Letter from George Gearhart, on behalf of Symphony by the Sea requesting permission to place boards to announce the Symphony’s concert scheduled for Saturday, May 1. The concert is scheduled to occur at Abbot Hall at 8:00 p.m. Motion made and seconded to approve the placement of the boards during the period of April 26 to May 3 at the Atlantic at Seaview; Lafayette and Maple and Lafayette and Humphrey approved locations. All in favor.

INVITATION. Annual Banquet. Letter from Paul E. Jalbert, Secretary of the Gerry #5 Veteran Fireman Association, Inc., inviting a representative of the Board of Selectmen and his/her guest to attend the Gerry’s Annual Banquet on Saturday, March 27 to celebrate its 48th year of incorporation.

PERMISSION. One-Day Entertainment License. Letter from Chris Shea, Managing Partner of The Landing Restaurant requesting permission to play music in the Landing’s Pub on March 17 from 7 to 10 p.m. Motion made and seconded to approve provided that no music may be heard on the streets outside of the Pub. 4-0. Mr. Christensen recusant.

PERMISSION. Walk-a-Thon. Letter from Tom Christian, Director of Someone Else’s Child Foundation, requesting permission to have a walk-a-thon at 9:00 a.m. on Saturday, October 2, 2004 at the Neck loop to support programs at RAW, an after-school art therapy program; North Shore’s Children’s Hospital and Someone Else’s Child. Motion made and seconded to approve the Walk-a-thon, subject to Police and Fire Department approval. All in favor.

PERMISSION. Use of Abbot Hall. Letter from Thomas Commeret, Head of Marblehead Community Charter Public School, requesting use of the Abbot Hall auditorium for its eighth grade graduation ceremony on Wednesday, June 23 from 6 to 9:30 p.m. Motion made and seconded to approve. 4 in favor. Mr. Woodfin against.

PERMISSION. Sandwich Boards. Letter from Peggy Wyman, Parent Liason for Musicals of Marblehead Middle School requesting permission to place boards to announce two of the School’s upcoming musicals:
• “Honk” (the musical version of the Ugly Duckling will be held at the High School on March 19 and 20.
• “Once on this Island” will be held at the High School on April 2 and 3rd.
Motion made and seconded to approve the placement of the boards during the period of March 15 to 22 for the “Honk” show and March 29 to April 4 for the “Once on this Island” show at the Lafayette and Humphrey; Pleasant and Essex; Tedesco and Humphrey St. and Lafayette and Maple approved locations. All in favor.

PRESENTATION. Eagle Court of Honor. Matt Brosnan, Marblehead High School Senior, appeared before the Board to present the community-service project that he organized to achieve the Boy Scout Troop 11 prestigious rank of Eagle Scout. Mr. Brosnan organized a work party to complete rebuild a trail in Wyman Woods. Mr. Brosnan planned the project and recruited 37 people to help with the work. It was executed over two days in late November 2002.

LICENSES. Common Victualer. A public hearing was held on the application to extend the hours of operation on the Common Victualer License issued to Andrew M. Kramer and Matthew J. O’Connor, Managers and Members of 126 Ventures, LLC, d/b/a Jack-Tar American Tavern (former d/b/a The Patriot), 126 Washington Street, hereinafter the “Applicant”. Mr. Kramer, Mr. O’Connor and their attorney James L. Rudolph, P.C. of Rudolph Friedmann LLP, 92 State Street, Boston, MA appeared in connection with the application. The Applicant rescinded their request to modify the hours of operation.

All Alcoholic Beverage License. A public hearing was also held on Applicant’s application for an All Alcoholic Beverages as a Common Victualer License for their business 126 Ventures, LLC, d/b/a Jack-Tar American Tavern (former d/b/a The Patriot), 126 Washington Street. Mr. Kramer, Mr. O’Connor and Mr. Rudolph appeared in support of their application. Ms. Helaine Hazlett, of 12 Clifton Avenue, also appeared in support of the Applicant. Motion made and seconded to continue the hearing on March 10 at 7:35 p.m. 4-0. Mr. Christensen recusant.

LICENSING. Rio Grande Café. Mr. Gordon J. Howard, President of F & H Enterprises, Inc., d/b/a Rio Grande Café, 12 School Street, appeared before the Board together with Ms. Jeannine Camarda (owner of 12 School Street) to give an updated status report of the business and leasing of the building, in light of the closure of this restaurant. Ms. Camarda advised that a potential purchase of the business, inclusive of the license, is imminent. Mr. Howard and Ms. Camarda were scheduled to appear before the Board on March 31 at 7:35 p.m. to update the Selectmen further.

All Alcoholic Beverage License. A public hearing was also held on the application of Dan Suriyamongkol, Manager of CPMS, Inc., d/b/a Sticky Rice, 26-28 Hawkes Street, for an All Alcoholic Beverages as a Common Victualer License for his business CPMS, Inc., d/b/a Sticky Rice, 26-28 Hawkes Street. Mr. Suriyamongkol and Amorn Phongtong, President of CPMS, Inc. appeared in support of their application. Motion made and seconded to continue the hearing on March 10 at 7:50 p.m. 4-0. Mr. Christensen recusant.

OLD & HISTORIC DISTRICT COMMISSION. Appointment. Susan A. Bragdon, 4 High Street was interviewed for the position as alternate on this Commission. Motion made and seconded to put Ms. Bragdon’s name into nomination. All in favor. Motion made and seconded to appoint Ms. Bragdon to this position. All in favor.

LICENSING. Pledge of License. George Shube, President of D. J. Colbert, Inc. d/b/a Shube’s Liquor Store, 32 Atlantic Avenue, appeared before the Board to request permission to pledge his All Kinds of Alcohol Retail Package Store License to Salem Five Cents Saving Bank, in a connection with a loan made to his corporation. Motion made and seconded to approve the request. On a polled vote as follows: Mr. Christensen: in favor; Mr. Woodfin: in favor; Mrs. Jacobi: in favor; Mr. Purdin: in favor and Mr. Shribman: in favor.

PERMISSION. Signage. Carol Moore, 57 Devereux Street, owner of Ship Shape located at 128 Washington Street, appeared before the Board to request approval to hang her business’ sign over a public way which was recently approved by the Old and Historic District Commission. Motion made and seconded to approve subject to receipt of the requisite insurance prior to the hanging of the sign. All in favor.

FIREWORKS COMMITTEE. Letters from Police Chief James Carney and Fire Chief Barry Dixey were read in connection with their notification to the Board that each respective department would be unable to provide the necessary personnel needed for adequate public safety, at the planned July 4th fireworks display this year. Michael Mentuck, Fireworks Committee Member, appeared before the Board in opposition to the planned cancellation of this year’s fireworks display and to propose suggestions to permit the display. Mr. Mentuck will meet with Anthony M. Sasso, Town Administrator, Chief Carney and Chief Dixey and report back to the Board. Motion made and seconded to take no action at this time.

APPRECIATION. An endearing letter to the Board of Selectmen, copied to the Police and Fire Departments was received from Karen Picariello expressing appreciation to each respective department and members of the community in connection with the assistance and kindness afforded to her and her family during the recent fire at her home on Baldwin Rd.

ANNOUNCEMENT/INVITATION. Boy Scouts of America Troop 11. Letter from Jerome P. Bergeron, Troop 11 Eagle Court Chairperson announcing that Steven Thomas Burnett of 27 Canterbury Road, has achieve the rank of Eagle Scout. Mr. Bergeron’s also extended an invitation to the Board of Selectmen to attend the Eagle Court of Honor ceremony planned for Wednesday, March 17 at 7:30 p.m. at St. Stephen’s Methodist Church. Motion made and seconded to invite Mr. Burnett to appear the Board of Selectmen and present his Eagle Scout project and to send a letter to him to congratulate him on his achievement. All in favor.

BOARD OF ASSESSORS. Disciplinary Action. A letter from Kenneth Taylor, Chairman of the Finance Committee, was read concerning an occurrence at a recent Finance Committee Liaison meeting involving actions of Michael C. Johnson, the Assistant Assessor. Richard O. Riess, Chairman appeared to dispute various points of the letter and to indicate that he would be preparing a response to Mr. Taylor’s letter. Mr. John Kelly, Secretary of the Board of Assessors, appeared to clarify portions of the letter. It was noted that Mr. Johnson was disciplined in the form of a one week leave of absence from his position without pay.

ANNOUNCEMENT. Book Signing. Hilary Lay, Manager of the Spirit of ’76 Bookstore, appeared before the Board to announce a book-signing scheduled for Saturday, March 6 from 11 a.m. to 1 p.m. at the Boston Yacht Club. Ben Sherwood, author of The Death and Life of Charlie St. Cloud, will be available to sign purchased copies of his novel, which is set in Marblehead, at this event.

BUILDING DEPARTMENT. Appointment. Letter from Robert S. Ives, Building Commissioner requesting permission to change the hours of the Assistant Wire Inspector position from full-time (40 hours) to part-time (20 hours). Motion made and seconded to approve. All in favor.

ANNOUNCEMENT. Mr. Purdin advised that he will not be running for re-election to the Board of Selectmen this year.

Motion made and seconded to adjourn at 10:43 p.m. All in favor.

Ursula M. Kretschman

Administrative Aide