MINUTES OF THE SELECTMEN’S MEETING

SPECIAL MEETING

WEDNESDAY, DECEMBER 30, 2009

PRESENT: Arthur P. Boyle, Jr. (Chairman), Donal P. Anderson (Vice-Chairman), Willard J. Boulter, Jr. (Clerk), Lewis W. Stone (Selectman), Daniel W. Trabucco (Selectman), Edwin J. Thorne

The meeting was called to order by the Chairman at 6:30 p.m. with the Pledge of Allegiance.

FAMILY CREST CATERING: Chairman Boyle read the certified notice that was sent to David Crest to advise of this hearing. The hearing was opened at 6:30 p.m. to consider the renewal application of Family Crest Catering, Inc. at 94 West Elm Street. Mr. Crest was unable to attend but his attorney, Jon Aeita of Cassis & Cayer, was present to speak on behalf of Mr. Crest. Kim MacA’Nulty, Treasurer and Clerk of the Pembroke Country Club was also in attendance. Attorney Joel Bard, town counsel from Kopelman & Paige, swore in Mr. Aeita and Kim MacA’Nulty.

The Selectmen are in receipt of letter from the Pembroke Country Club advising that they will not be using Family Crest Catering at the facility for next year and requesting that the Board not renew the liquor license in the name of Family Crest Catering. Atty. Aeita explained that Mr. Crest’s position is that he has four or five functions booked for the Country Club next year and he would not be able to fulfill his obligations to those parties. It was expected that there would be some resolution between Crest and the Country Club before this evening. Atty. Aeita assured the Board that if the license was renewed, Mr. Crest would be agreeable to transfer the license. He also was not aware of any written contract between the two parties. There was no one else in attendance to speak on behalf of Mr. Crest.

Ms. MacA’Nulty advised the Board that there was no contract as yet and the management of the Country Club has only been informed of one catering event already booked. She said that the owners had agreed to allow Crest Catering to host that event but they are not interested in continuing a relationship and would like to apply in their own name for the liquor license. She sent an email message to Mr. Crest in November to not book any more events since the country club would be closing for January and February. As of Nov., Mr. Crest said he only had proposals out but was asked not to book any more. She said they tried to get Mr. Crest to transfer the license but that did not work out either. Ms. MacA’Nulty said that the country club was willing to allow Crest to conduct some catering but they want the liquor license in their own name.

Mr. Boyle suggested giving the parties two more weeks to work out an agreement but Ms. MacA’Nulty said they have been trying to work it out since November and it hasn’t worked so far. Atty. Bard explained that there was a decision in 1988 by the State Appeals Court which ruled that a license holder must have control of the premises. Mr. Crest has not demonstrated that he has an agreement to use the property nor that he has access and control of the property. Town Counsel did advise that an appeal by Mr. Crest of a denial to renew this license will make the town a party to the issue and may incur

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WED., DECEMBER 30, 2009 – PAGE TWO

legal expenses. If the Country Club appealed the granting of this license it would be a case of the PCC against David Crest.

Resident Michael Guilfoyle was in attendance and stated his belief that the applicant should bring proof and must show responsibility in booking events. He does not think this license should be renewed for a full year.

Atty. Aeita made a closing statement saying that Mr. Crest has ongoing obligations and a non-renewal will put him in a potion to not be able to meet these obligations. He requested that the Board renew the liquor license and if they find he has no legal right to be on the premises, the license would be transferred to the Pembroke Country Club.

Ms. MacA’Nulty stated that there is no contract or lease with Family Crest Catering and there is no evidence of any contractual obligations. She believes Mr. Crest is trying to use the license as leverage against the Pembroke Country Club.

Selectman Anderson moved, seconded by Selectman Trabucco, to deny the renewal of the liquor licensee for The Family Crest Catering, Inc. at 94 West Elm Street since the applicant has not demonstrated that he has control of the premises on which to exercise the license. Roll call vote: Stone, yes – Trabucco, yes – Anderson, yes – Boulter, yes – Boyle, yes So voted unanimously in favor.

The Selectmen thanked both parties for their participation and wished them well.

MINUTES: The minutes of the December 21, 2009 meeting of the Selectmen were accepted as written.

SUNDAY ENTERTAINMENT LICENSES: The Selectmen vote to approve the renewal applications of Lucky Dawg, the 99 Restaurant, and Alumni Sports Café for Sunday Entertainment in 2010.

TREASURER’S BONDS: Mr. Boulter moved, seconded by Mr. Anderson, to authorize the Treasurer to borrow $200,000 for the Community Septic Management Program in accordance with a vote passed at the November 3, 2009 Special Town Meeting (Action 14, Article 9), and to sign the $200,000 zero percent Interim Loan Note of the Town dated December 15, 2009 and payable on December 15, 2012 and further to certify the Agreements as presented. So voted unanimously in favor.

Mr. Boulter moved, seconded by Mr. Anderson, that the maximum useful life of the departmental equipment listed below to be financed with the proceeds of the $245,000 borrowing authorized by the vote of the Town passed on November 3, 2009 (Action 9, Article 1) is hereby determined pursuant to G.L. c.44, sec. 7(9) to be as follows:

Purpose Borrowing Amt. Maximum Useful Life

Roadside Mower $160,000 8 Years

Police Dept. Vehicles 75,000 5 Years

DPW Street Signs 10,000 5 Years

So voted unanimously in favor.

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WED., DECEMBER 30, 2009 – PAGE THREE

TOWN ADMINISTRATOR’S REPORT: Mr. Thorne advised that six interviews have been conducted for the position of Treasurer/Collector. Mr. Thorne and Mr. Buckley have ranked the candidates and asked how the Board would like to proceed with the appointment. It was a consensus of the Board to interview the final three candidates on Thursday, January 7^th at 7:00 p.m. in open session and after the interviews, the Board would accept the recommendations of Mr. Buckley and Mr. Thorne.

The meeting was adjourned at 8:20 p.m.