Board of Selectmen |
December 21, 2009 |
Regular Meeting |
Selectmen’s Hearing Room, Town Hall |
Present: |
Robert P. MacKendrick, Chairman |
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Arthur J. Bourque III, Selectman |
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Al Merritt, Selectman |
Chairman MacKendrick called the meeting to order at 7:00 p.m.
Renewal of annual licenses
Town Administrator William Gustus read the list of licenses to be renewed for Calendar Year 2010, as follows:
ALCOHOL LICENSES
Club License:
Wakefield Elks Home Association
Common Victualer: All Alcohol
Bail Hai, Inc. - James W. Yee, Manager
From the Ashes, LLC, d/b/a The Bostonville Grille - Matthew M. Greer II, Manager
Pyramid Acquisition II Management LLC, d/b/a The Sheraton Colonial - Robert Diduca, Manager
Pyramid Acquisition II Management LLC, d/b/a The Sheraton Colonial Golf Club - Robert Diduca, Manager
Mt. Vernon at the Ship Restaurant, Inc. – Brett Henry, Manager
99 Restaurants of Boston, LLC - John H. Craig, Manager
Naked Fish Restaurants, Inc., d/b/a The Naked Fish - Steven P. Vallarelli, Manager
Retail Package Goods Store All Alcohol
KJA, Inc., d/b/a Donovan’s - Jennie Duong, Manager (7 day opening)
Kernwood Liquor Corporation, d/b/a Kernwood Liquors - Robert Stanziani, Manager (7 day opening)
Lynnfield Liquors, Ltd., d/b/a The Wine Cellar – Diana DiChara, Manager (7 day opening)
Retail Package Goods Store Wine & Malt
Mohammad Islam, d/b/a Old Towne Market - Mohammad Islam, Manager (7 day opening)
Verc Enterprises, Inc., d/b/a Lynnfield Exxon - Leo Vercollone, Manager (7 day opening)
AUTOMATIC AMUSEMENT DEVICE
Bali Hai, Inc., 93 Moulton Drive - Juke box, pool table
From the Ashes, LLC d/b/a The Bostonville Grille - 111 video games
Wakefield Elks Home Assn. d/b/a Wakefield Lodge of Elks - 6 electronic games
CLASS I – AUTO LICENSE
Silver Star Inc. d/b/a Flagship Motorcars, 385 – 399 Broadway
Silver Star Inc. d/b/a Smart Center Lynnfield, 385 Broadway
Kelly Jeep Chrysler, Inc., 353 Broadway
Kelly Nissan of Lynnfield Inc., 275 Broadway
CLASS II – WHOLESALE SECOND HAND MOTOR VEHICLES
Dealers Trust Corporation, 220 Broadway, Suite 205
HGC Automotive, Inc., 4 Trickett Road
Richard M. Lamusta d/b/a Blue Knight Auto Sales, P.O. Box 213, 9 Carol Ann Road
Taylor Motorcars (TMC), LLC, 4 Oak Street
COMMON VICTUALLER
Bali Hai, Inc.
Cheng Du
From the Ashes, LLC d/b/a The Bostonville Grille
Quality Food Services Inc. d/b/a Centre Court Pizza & Grill
Pebbles Food, Inc. d/b/a Countryside Deli & Catering
Lynnfield, LLC d/b/a Dunkin Donuts
Karen’s Bakery
Lynnfield House of Pizza
Lynnfield Meat & Deli
Hay Day LLC d/b/a MIA Cucina
Naked Fish Restaurants, Inc.
99 Restaurants of Boston, LLC
United Business Group, Inc. d/b/a Old Towne Market
Pina FLO LLC d/b/a The Red Rooster
Lynnfield Energy Corp. d/b/a Pump’n Pantry
Sagamore Spring Golf Club, Inc.
Mt. Vernon at the Ship Restaurant
ENTERTAINMENT LICENSE
Bali Hai, Inc.
From the Ashes, LLC d/b/a The Bostonville Grille
Naked Fish Restaurants, Inc.
99 Restaurants of Boston, LLC
Mt. Vernon at The Ship Restaurant
Wakefield Lodge of Elks
LODGING HOUSES
Meghan Murphy @ 10 Green Street
James Wersackas d/b/a Lords of Lynnfield @ 597 Broadway
SUNDAY ENTERTAINMENT
From the Ashes, LLC d/b/a Bostonville Grille: automatic amusements and live music & dancing in function room only – Hours noon to midnight.
Wakefield Elks Home Association: jukebox, instrumental and vocal music – hours noon to midnight
On the motion of Selectman Merritt, seconded by Selectman Bourque, the board approved the list of annual license renewals as read by Mr. Gustus.
Town Administrator’s Contract
Chairman MacKendrick asked Selectman Merritt to review the issue of the employment contract for the town administrator.
Selectman Merritt said that the contract is limited to a two-year term by statute. As Mr. Gustus entered the Town’s employ in 2002, this will be the sixth amendment to his original contract. The proposed two-year renewal will employ Mr. Gustus through 2011. He told Mr. Gustus that the board is happy to have him stay with us. He said the contract would freeze his current salary of $143,916 for the coming year, and that his salary in the following year would be subject to review. The contract also includes a clause reimbursing Mr. Gustus for certain insurance expenses instead of the life insurance to which he was entitled by contract, at no additional expense to the Town. A $300 per month automobile expense payment that was previously included in pension calculations can be no longer, and that amount will now be
include din his salary, at no additional cost to the Town, effective on December 1, 2009.
Selectman Merritt said the lack of additional compensation to Mr. Gustus is a reflection of the Town’s fiscal situation, not his performance. He said the help Mr. Gustus provides to the board and the departments is second to none. He said that the board will be asking other employees to make similar sacrifices.
Selectman Bourque thanked Selectman Merritt for his work on the contract, and said its provisions set a good example on salary increases, and does not reflect the work done by Mr. Gustus. One of the reasons the Town is ahead of other communities on preparing for the current fiscal situation is Mr. Gustus’s work in anticipating changes in state aid and other issues. The Town’s recent receipt of federal stimulus funds for transportation improvements related to the Meadow Walk project would not have been possible without Mr. Gustus being actively engaged in discussions on Beacon Hill. He said he hopes the Town will be able to address Mr. Gustus’s compensation in future years.
Chairman MacKendrick thanked Mr. Gustus for his advice and counsel over the years, and praised him for his creative solutions to issues. He said that his work on getting funding for transportation improvements related to the Meadow Walk project is a big plus for the Town.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the board voted to approve the proposed amendment to the Town’s employment contract with Town Administrator William Gustus.
Mr. Gustus expressed his gratitude for the support of the board, and said he has had a wonderful seven years in Lynnfield. He said he well understood the Town’s financial condition in terms of the compensation issue, and that everybody must contribute to maintaining what the Town has over the next 18 months. He said he is willing to do his part.
Liquor license change of corporate officer at Ninety-Nine
Mr. Gustus explained that the state Alcoholic Beverage Control Commission has approved a streamlined approval process for a change of corporate officers at the Ninety-Nine restaurant, Salem Street. The board has been asked to approve the change of corporate officers and sign a revised Form 43 application.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the board approved the proposed change of corporate officers for the Ninety-Nine all-alcohol common victualer liquor license and signed to Form 43 application.
Other business
The Board received a request from Barbara Wester on behalf of the swim team seeking permission to hold its annual Christmas tree collection fundraiser. Selectman Bourque commented that this is a wonderful service.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the board approved the request.
The Board received a request for a one-day liquor license for Friday, January 8 from 2-6 p.m. for a holiday party. Police Chief Dunn is requiring no detail officer for the event.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the board approved the request.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the board approved the minutes of the meeting of December 7, 2009 as presented.
Selectman Merritt said that he would be unable to attend the board’s scheduled meeting on February 23. The board agreed to cancel that meeting and schedule a meeting for March 1 instead.
Chairman MacKendrick wished the residents of Lynnfield Merry Christmas, Happy Hanukkah, a Happy New Year and Season’s Greetings.
Executive Session
Mr. Gustus said that he is requesting the Board enter executive session for the purpose of discussing contract negotiations.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to enter executive session under the provisions of Mass. General Laws, Chapter 39, Section 23 B (3). A roll call vote was taken: Selectman Bourque, aye; Selectman Merritt, aye; Chairman MacKendrick, aye.
Chairman MacKendrick announced the board did not intend to return to public session upon conclusion of the executive session.
The board entered executive session at 7:25 p.m. and adjourned executive session at 9:02 p.m.
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