MINUTES. Motion made and seconded to approve the minutes of February 25, and March 3, 2004, amended as follows (additions or changes appear in italicized text):
All in favor.
Fire Department. Barry Dixey, Chief of the Fire Department, appeared before the Board to present his proposed budget for Fiscal Year 2005. Motion made and seconded to approve $2,120,958 for Salaries and $111,705 for Expense. All in favor.
Motion made and seconded to increase all relevant fire department permit fees to $50.00. All in favor.
PERMISSION. Banner. A letter from Leslie Gould of the Marblehead Chamber of Commerce, requesting permission to place a banner over Pleasant Street during the week of March 1 to promote shopping, dining and staying in Marblehead. Motion made and seconded to approve the hanging of the banner provided that the League of Women Voters does not wish to hang a banner during that period of time period for purposes of announcing the March 2 presidential primary election. 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.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 suspension without pay.
HIGH SCHOOL SENIOR CLASS CARNIVAL. Leslie Shribman, 4 Arthur Avenue, appeared to announce that the annual Senior Class Carnival will be held at Devereux Beach from May 5 – 8. Motion made and seconded to approve this event subject to receipt of an insurance certificate and the usual inspections at the carnival site. All in favor.
VETERAN’S AGENT. WWII National Monument Dedication. Veteran’s Agent David Rodgers appeared to advise of a WWII National Monument Dedication scheduled for Saturday, May 29 in Washington, D.C. Mr. Rogers also advised that he received an invitation to the WWII Memorial Dedication Tour scheduled for May 28-30 (inclusive of the Monument Dedication Ceremony) for WWII Veterans and their guests sponsored by Solimine Landergan & Richardson Funeral Homes. (The Veterans would be the guests of Solimine, et. al. and guests of the Veterans would incur a minimal cost during the course of the trip.
Mr. Christensen left the meeting room during the following public hearing due to a potential conflict of interest:
LICENSES. Common Victualer. A public hearing 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 (the “Premises”), hereinafter the “Applicant” was continued from March 3, 2004.
All Alcoholic Beverage License. A public hearing on the application for an All Alcoholic Beverages as a Common Victualer License made by Applicant was continued from March 3, 2004.
Mr. O’Connor appeared in connection with both applications. Motion made and seconded to approve both applications subject to the following:
• the extension of hours of operation is restricted to the interior portion of the licensed Premises (not for the exterior patio)
• that smoking not be allowed on the exterior patio of the licensed Premises
• that employees of the Applicant be TIPS trained.
On a polled vote as follows: Mr. Purdin: yes; Mrs. Jacobi: yes; Mr. Woodfin: yes and Mr. Shribman: yes. (Mr. Christensen recusant.)
Mr. Christensen returned to the meeting room for the duration of the meeting.
WEB-SITE COMMITTEE. Donation. Kathy Leonardson, Laura Ward and Xiora Bennett appeared on behalf of the League of Women Voters of Marblehead to present a check in the sum of $3,305.00 representing a donation to the development of the town’s web-site. The donation represented the amount of money collected at the recent chowder-fest sponsored by the league. The following individuals appeared on behalf of the Web-site Committee to thank the League for their work and express their appreciation. Jack Attridge, Capital Planning Representative and Patrick McDonald, Project Manager.
ANNOUNCMENT. Patriot Act Forum. Xiora Bennet reminded the public of an informational forum on the Patriot Act to be hosted by the League of Women Voters of Swampscott on March 11 from 7 – 9 p.m. at the Swampscott High School. The League of Women Voters of Marblehead will co-sponsor the event.
LICENSES. All Alcoholic Beverage License.
A public hearing on the application for an All Alcoholic Beverages as a Common Victualer License made by the following applicant was continued from March 3, 2004:
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 approve the application. On a polled vote as follows:
Mrs. Jacobi: yes; Mr. Woodfin: yes; Mr. Christensen: yes; Mr. Purdin: yes: and Mr. Shribman. Yes.
TRAFFIC AND SAFETY. Increase of Fines. Police Chief James Carney appeared before the board to advise the Selectmen that they have authority to increase parking fines beyond the limits of Massachusetts General Laws Chapter 90 Section 20A 1/2 pursuant to Governor Mitt Romney signing of our home rule petition and recommended the following changes to fines and regulations:
• To immediately increase the standard parking fee for the Town of Marblehead from $15.00 to $25.00.
Motion made and seconded to approve the immediate increase of the standard parking fee from $15.00 to $25.00.
• To immediately create an additional set of parking regulations related to offenses commonly referred to as “non-moving” violations when issued to motor vehicle operators by means of a uniform traffic citation which could include, but are not limited to the following:
• Improper display of number plates currently a $50.00 violation if a citation is issued by a police officer;
• Defective equipment (lights, muffler, safety equipment etc. currently a $50.00 violation if a citation is issued by a police officer;
• Failure to display a valid inspection sticker currently a $50.00 violation if a citation is issued by a police officer;
• Illegally modified motor vehicle height currently a $50.00 violation if a citation is issued by a police officer; and
• Bald/unsafe tires currently a $50.00 violation if a citation is issued by a police officer.
• To institute a $50.00 parking fine for allowing an unregistered vehicle to remain on a public way.
Motion made and seconded to approve the immediate creation of such additional set of parking regulations. All in favor.
• To change the color of current parking violation tickets from orange to green.
Motion made and seconded to approve the change of color. All in favor.
• To institute a $25.00 parking fine for allowing a motor vehicle marked “For Sale” to be parked more than four (4) hours in an unrestricted parking zone.
Motion made and seconded to approve for a ninety (90) day trial period. All in favor.
• To institute a parking regulation setting a distance of one hundred (100) feet that a vehicle must be moved to avoid being ticketed for an overtime parking violation.
Motion made and seconded to table. All in favor.
APPOINTMENT. Inspector of Animals. Motion made and seconded to re-appoint Isabel M. Lorenco to this position. All in favor.
MARBLEHEAD MUNICIPAL LIGHT DEPARTMENT. Retail Choice. Robert v. Jolly, Jr., General Manager appeared to advise of the Light Department Board’s unanimous decision to not recommend entering into the option of Retail Choice.
MARBLEHEAD LITTLE THEATRE. Deed Modification. Ginny Morton, Vice President appeared together with Douglas Redding, Facilities Chairman and Charles Gessner, of the Marblehead Little Theatre, Inc. (the “Theatre”) to request that the board modify the existing deed that represents the Theatre’s ownership of the property located at 12 School Street (“the “Property”). (The Little Theatre acquired the Property from the town in 1999). The modification of the deed is a loan condition stipulated by the Theatre’s proposed lender National Grand Bank in connection with a $500,000 loan application made by the Theatre to National Grand Bank. The board did not accept the proposed modification. Motion made and seconded to have town counsel communicate with National Grand Bank’s attorney for purposes of amicably modifying the deed and to protect the town’ interest. 4 in favor. Mr. Purdin against.
PERMISSION. Use of Abbot Hall. Letter from Bonnie Howard of The Connection Programs, Inc., requesting use of the Abbot Hall Selectmen’s meeting room on April 13 from 7 to 9:30 p.m. for a public forum on affordable housing in Marblehead and 40b requirements. Motion made and seconded to approve the use subject to space availability. All in favor.
FIREWORKS COMMITTEE. Letter from Michael Mentuck, Committee Member was read in connection with his recent meeting with Anthony M. Sasso, Town Administrator, Police Chief James Carney and Fire Chief Barry Dixey to discuss the town’s planned cancellation of this year’s fireworks and his proposed suggestions to permit the display. Mr. Mentuck reported that as a result of the meeting he realized that the recommendation made to the board (to cancel the fireworks display) made by Chiefs Carney and Dixey was well made in the interest of insuring the safety of the residents and visitors to town during the event. Mr. Mentuck also commented on how the donations that have been made to date for the fireworks display should be maintained, i.e. returned or retained for a future fireworks display, at the direction of the donor(s). Motion made and seconded to cancel the July 4, 2004 fireworks display in the interest of public safety. All in favor.
PERMISSION. Triathalon. Letter from Andrew Dalton, Aquatic Director and Event Director of the Jewish Community Center of the North requesting permission to conduct its 4th Triathalon by the Sea event on Sunday, May 16 from 8 AM to 11 AM. Motion made and seconded to approve, subject to Police and Fire Department approval and that no permanent markings be placed on the streets of the town.
PERMISSION. Sandwich Boards. Letter from Leslie Gould, Executive Director, Marblehead Chamber of Commerce, requesting permission to place boards to announce the 7th Annual Spring Home and Garden Show scheduled for Saturday, March 20 and 21st. Motion made and seconded to approve the placement of the boards during the period of March 15 to the 22nd at any or all of the six approved locations. All in favor.
PERMISSION. Banner. Motion made and seconded to approve the request of Bailey Colahan, Vice President of the Interact Club, to hang a Safe Driving Banner across Pleasant Street, during the week of June 7. All in favor. Motion made and seconded to go into executive session to discuss strategy as it relates to collective bargaining for the police, fire, IUE and administrators. 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. Purdin: in favor; Mrs. Jacobi: in favor; Mr. Woodfin: in favor; Mr. Christensen: in favor; and Mr. Shribman, in favor.
Motion made and seconded to adjourn at 10:18 p.m. All in favor.
Ursula M. Kretschman