Selectmen Meeting Minutes
Board of Selectmen February 13, 2018
Karen Donahue called the meeting to order at 7:00 p.m.
Present were Joseph Pacheco, Marie Smith and Karen Donahue.
Acceptance of the Minutes
Mrs. Smith made a motion to accept the minutes of the February 6, 2018 Mr. Pacheco seconded and Mrs. Donahue made it unanimous.
Department Heads & Committees
Chief Jim Januse was present to update the Board on the Activity Report for the month of January. Fires, fire incidents, mva investigations, and public assist were 112; Ambulance, medical emergencies mva’s and public assist were 155; Miscellaneous inspections, fire alarm work and items of note were 81; Mutual aid fire and ambulance, 2 ambulance given, 1 ambulance received; 3 fire given, 1 fire received for a total of 7. There were a total of 249 calls for January 2018, which is more than last year. Chief Januse updated the Board on two employees who have been out on extended sick leave. There were two structure fires recently and the men did a great job.
Public Hearing – Board of Health – 1 Arnold Street – Septic System Upgrade
Mr. Flaherty, as Acting Health Agent spoke on the septic system failure that has occurred 1 Arnold Street. To tie into sewer it would be approximately 750 feet of sewer line to tie in. They would have to install a small pump station and various costs they have received would be 3 – 4 times what it would be normally. So, in this case, the Board of Health can grant a variance to repair their septic system onsite and they can maintain the septic system on the property site which does not impact any wetlands. Mr. Flaherty recommends it. Mr. Pacheco asked if notification are required. Mr. Flaherty said he has notified his direct abutters. Mr. Flaherty said we did do this on King Philip Street and Broadway and they were granted a variance. Mrs. Smith made a motion to approve, Mr. Pacheco seconded and Mrs. Donahue made it unanimous.
Public Hearing – Transfer of All Alcohol License – Ryan Family Amusements. Inc., 115 New State Highway – Alteration of Premises
Attorney Beth O’Neal representing Ryan Family Amusements was present to address the Board. She brought a memo for the Board to read. From Ryan Family Amusements we have Mr. Crowley, Rob Nichols these two gentlemen manage the operations of Ryan Family Amusements. Also present is Counsel for the Jockey Club William Rosa, 90 New State Highway, Raynham and Mr. John Sullivan who is, and will remain as the manager of record, and is a 50% owner of Jockey Club Inc. and the other 50% owner is also here and that is Mr. Tom Wynn. We also have here Mr. Paul Rooney who is a consultant who works closely with Ryan Family Amusements relative to responsible alcohol service and liquor licenses. I would like to go through briefly what it is we seek from the Board tonight and then answer any questions. There are two matters; the first is the application seeking to transfer the all alcoholic beverage seven-day liquor license from the corporate entity, Jockey Club, Inc. to the corporate entity Ryan Family Amusements, Inc. The location and where the license will be utilized, if the Board grants the transfer, is the same the operation on the lounge side will remain the same. Mr. John Sullivan, who is currently the manager of record and had been the manager of record for this license on these premises since 1996, will remain the same. What Ryan Family Amusements and Jockey Club, Inc. have done is they have entered into a management agreement and you have a copy of that, whereby if the license is transferred, Mr. Sullivan will continue to manage the license premises, on behalf of the licensee Ryan Family Amusements. Ryan Family Amusements is a company that operates bowling allies and amusement centers. They have 15 facilities located principally in South Eastern Mass. including Cape Cod. Five of their facilities hold liquor licenses and they are located in South Yarmouth, Hyannis, Falmouth, Buzzards Bay and Millis. Most recently, at the end of 2017 the Town of Hyannis granted a license to be operated in the Cape Cod Mall at a family amusement facility that will be 25,000 sq. feet and Ryan has partnered with a restaurant on Cape Cod known as Chapin’s Restaurant, and Chapin’s will hold the license, and they have a management agreement with Ryan Family Amusements to have the license operated the Ryan Family Amusement facility in Hyannis. With respect to the hours of operation, for the restaurant and lounge at the Jockey Club, they will remain the same. The second application is for an alteration of the premises, is the license premises so as to permit the service of alcohol on the bowling alley side. So, if that is granted, the bowling allies hours will be somewhat less than the restaurant and lounge side. They will be Sunday from Noon to 10:00 p.m. where they will be looking to serve alcohol, Monday 11:00 a.m. to 10:00 p.m. same hours on Tuesday, Wednesday and Thursday. Friday will be 11:00 a.m. to Midnight and Saturday will be 11:00 a.m. to Midnight as well. Food has been served on the restaurant and lounge side and that menu will remain the same. Food will also be served on the bowling alley side. It will not be an extensive menu but will include chicken, hamburgers, pizza, sandwiches and a variety of appetizers. Relative to the service on the bowling alley side, there will be no bottles, no glass and no pitches or beer and no carafes of wine. For the purpose of spirits, they will be served in a hard, plastic cup, same for the wine and for the beer, it will be served in a translucent plastic cup. Attorney O’Neil showed a rendering of where the beverages will be a served on the bowling alley side. So, what will happen, unless there is wait staff service, which is likely to occur in the evenings and on weekends, a patron who wishes to have an alcoholic beverage will go up to the window, the patron will be carded, and the patron will be permitted to be served 1 beverage only. On those occasions, where there is wait staff service, the wait staff will go to where the patron is card the patron, and then serve the patron an alcoholic beverage where they are located. There will be T.I.P.S. training provided to everybody at the location on both the lounge and restaurant side as well as the Ryan Family Amusement side. And in fact, there is training scheduled for early March by a gentleman named Mr. Mark Antonio who is very well known and does T.I.P.S. training throughout Mass. Forms of ID that will be accepted at the location are those that are permitted by statute and approve by the ABCC with one exception, there will be out of state driver’s licenses that are accepted, so long as they do not appear to have been tampered with and so long as they are current and so long as the individual has a second form of identification. I want to talk about the record of responsible alcohol service at the Jockey Club. Mr. Sullivan has been the manager of record since 1996 and there have been no violations at the Jockey Club, either imposed by the Town, or by the ABCC to date. The longest license held by Ryan Family Amusements is the license at their location in South Yarmouth, which they have held since 2001 and there has never been a violation by a local authority or the ABCC imposed against any Ryan Family Amusement license. We have provided to you a comprehensive, responsible alcohol beverage policy and Ryan’s has this policy in every location that they serve alcohol and if you grant the transfer of the license, and the alteration of the premises Raynham will also be included. It has been written with the assistance and input of Mr. Rooney as well as others, who are very familiar with T.I.P.S. training. Mr. Pacheco asked, in the agreement you have with Mr. Sullivan, it extends to 2020 what is the plan after that because, it has been this Boards practice and your client can speak to it because we have denied a license to them in the past and to only grant licenses where food is being served. And so, if I were to motion to approve it tonight it would be with that condition. And your application is only speaking to 2020, do you have at least a tentative plan in place beyond that? Attorney O’Neal replied, well Mr. Sullivan has committed to remain through September of 2020, so we have secured his commitment through that date. Subsequent, to the end of September 2020, my client, Ryan Family Amusements may have other plans for the location for example, they may turn the entire facility into a Ryan Family Amusements but that is not etched in stone. But because Mr. Sullivan has been so integral to the operation of the business to date, Ryan Family Amusements looked to secure his commitment to stay through September 2020. There is no issue, whatsoever if you are to condition the transfer of the license and the alteration of the premises with the condition that food must be served. Because that’s in fact exactly what the client intends to do. Mr. Pacheco said, I appreciate your willingness to work with John. He has a great reputation, not just in this Town but respect from this Board and having his on Board makes this project a lot easier to digest. The other question I have is the liquor window, where would a patron get the food from? Attorney O’Neal replied, that window it is for both food and alcohol. Mrs. Donahue asked about the second form of ID, would it need to be a photo ID? Attorney O’Neal replied either a photo ID if they have one or a credit card, they will also have the ID checking guide. Mrs. Smith asked, you do not have any plans of putting in a bar? Attorney O’Neal replied, no and not this would make any difference, but I’ll offer this piece of information, Ryan Family Amusements is not into operating lounges and bars those are fine venues, and in fact their most popular venue is the Ryan Family Amusement in South Yarmouth the income from liquor is just about at 10% and that is the highest of all the Ryan Family Amusements. The service of alcohol is not their primary goal, they want to have a friendly environment for families to come and enjoy bowling, beer a glass of wine or a drink and get some finger foods and they think that is a perfect location to carry that forward. Mr. Pacheco made a motion to approve with the condition that food be served as the application outlines during all times that liquor is being served, Mrs. Smith seconded and Mrs. Donahue made it unanimous.
New Business
R.A.V.E – Read Across America Proclamation
Mrs. Donahue read and presented the R.A.V.E. volunteers a Proclamation proclaiming the week of February 27th through March 3rd as Read Across America Week. Ms. Pat Riley thanked the Board noted their Board has voted to name this year’s event the Kathleen Roberts Read Across America week and she introduced Ms. Becky George who went over the schedule of events that will take place.
On Tuesday, Feb. 27th we will be at Raynham Middle School, on Thursday, March 1st we will be at LaLiberte Elementary School, on Friday, March 2nd we will be at Merrill Elementary School. Also, Mrs. Becky Mello was present to talk about the people who have volunteered to read to the students during the week. There will be a Comedy Night to be held on March 17th at the American Legion to benefit a Salute to our Veterans programs.
The Board discussed a request from Crue Brew Brewery and suggested to hold a Public Hearing. Mrs. Smith made a motion to hold the Public Hearing on Feb. 27th at 7:00 p.m. Mr. Pacheco seconded, and Mrs. Donahue made it unanimous.
Town Administrator’s Report
Mr. Flaherty reviewed the Town Administrator’s Report.
The renovation at the North School is complete and the removal of a potentially dangerous cast iron pipe has been done and the Painting Contractor has begun.
The FY 2019 Budget - Mr. Flaherty has received almost all Department Budgets and Fin. Comm. has begun reviewing them.
Mr. Flaherty, as Acting Health Agent has followed up on one Title 5 Inspection Report, witnessed perc tests for 4 lots and is in the process of writing 2 Chapter II violation letters. One of which is across from Shaw’s. Mr. Pacheco suggested bringing them back in for a hearing because the Board had suspended the fine, as long as they kept it in compliance. But now it’s slipping back. Mr. Pacheco made a motion to have them in for a hearing on the 27th, Mrs. Smith seconded, and Mrs. Donahue made it unanimous.
There is a vacancy on the Cable Advisory Committee, anyone interested should contact Mr. Flaherty, of the Selectmen’s Office or Kevin Ellis.
The next Selectmen’s meeting will be held on February 20th at 7:00 p.m.
The next Financial Advisory Committee Meeting will be held on February 20th at 6:00 p.m.
The next Department Head Meeting will be held on February 15th at 10:00 a.m.
Selectmen’s Report
Mrs. Smith asked if the bathroom is done. Mr. Flaherty replied yes according to RMC. Mrs. Smith replied there is no stall there, it’s because it’s a one-bathroom unit. Mrs. Smith said there is no stall no handicap railing or a toilet paper holder. It’s just a big empty room with a toilet bowl and a sink. Mrs. Smith said you need the privacy of a stall and you need the grab bar to make it ADA compliant.
Mrs. Donahue went to the Historical Society meeting last night and they will be having a Tea on March 24th and they will have an Open House on April 6th and will be held at the Hannant House.
Correspondence
Two requests for Tag Days were received. Mr. Pacheco made a motion to approve, Mrs. Smith seconded, and Mrs. Donahue made it unanimous.
Correspondence was received from Carrie Medeiros requesting to hold Ryan’s Run/Walk on June 2nd at 10:30 a.m. beginning and ending at the American Legion on Mill Street. Mrs. Smith made a motion to approve contingent upon both Chiefs approval, Mr. Pacheco seconded, and Mrs. Donahue made it unanimous.
Adjournment
7: 45 p.m. Mr. Pacheco motioned, and Mrs. Smith seconded to adjourn for the performance of administrative duties, signing of Bills and Warrants with no business to be conducted afterwards. Mrs. Donahue made it unanimous.
Respectively submitted,
Janet Murphy
Recording Secretary