BOS - February 1, 2005

Moderators: Suzanne Kane, Jane Alger

BOS - February 1, 2005

Postby Suzanne Kane » Thu Jul 28, 2005 2:16 pm

Board of Selectmen
Agenda
February 1, 2005



6:30 pm
Informational Workshop

7:00 pm
1. Call to order

2. Chairman’s Announcement’s

3. Citizen’s Forum

7:05 pm
4. Uxbridge Rotary Club – Bench Presentation

7:15 pm
5. Alcohol Violation Hearing – Gregory’s

7:35 pm
6. Alcohol Violation Hearing – Beagle Club

7:55 pm
7. Alcohol Violation Hearing – Bailey’s

8:15 pm
8. STM – Town Moderator and Town Clerk

9. Contract Discussion

10. Common Victualler’s License – Douglas Donuts LLC

11. Town Use Applications
• Douglas Celebration Graduation Committee - Fire Station
• Girl Scouts – Fire Station and Library lawn
• Douglas Post Office – Municipal Center

12. Minutes: January 4, 2005

13. Administrator’s Report

14. Old / New Business

15. Adjournment

_____________________________________________________________
Future Agenda Items:
February 8th – Workshop
6:00 – Executive Session
7:00 – Budget February 15th
7:15 - School Committee
7:45 – Local Emergency – Ernie Marks
8:00 – Pole Petition P04-99
8:15 – Pole Petition P04-100
8:30 – Pole Petition P04-105
_____________________________________________________________
_____________________________________________________________

Board of Selectmen
Meeting Minutes
February 1, 2005
Approved February 15, 2005



Informational Workshop:
Madame Chairman Shirley Mosczynski called the meeting to order at 6:38 pm in the Selectmen’s Office. In attendance: Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane. Paula Brouillette absent.

Michael Guzinski gave the Board information on the following:
Fire Fighter Legislation and Benefits
Municipal Agreement between Douglas and Uxbridge
Attorney General’s comments about Zoning Changes
Litigation Information
Engineering Costs – Pedestrian Bridge
Post Office Parking Problems
Fire Department – Equipment Grant
Personnel Board Update
Letter to ZBA
Marsden Contract
Board of Selectmen’s Confidential File

1. Call to Order:
The Board relocated to the Resource Room. Shirley Mosczynski called the meeting to order at 7:00 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens: Police Chief Foley, Officer Aaron McLaughlin, Moderator Jerome Jussaume, Town Clerk Christine Furno, Robert Josey, Uxbridge Rotary Club Members Gary Armstrong, Karen Albright, and Gary Buma, Nicholas Pritsoulis of Gregory’s, Joe Haringa and Chris Nelson of the Beagle Club, Anthony Hayes of Bailey’s, Tribune Reporter Tom Mattson, and other citizens.

2. Chairman’s Announcements:
Snow Removal: Shirley Mosczynski thanked the Highway Department for all their work clearing snow.
Power Outages: Shirley Mosczynski reported that there were two power outages in Douglas. One on January 14th and one January 30th. She called Mass Electric’s Michael McCann, who is on vacation until tomorrow, and has asked for a report.


3. Citizen’s Forum:
Robert Josey of 41 Depot Street came before the Board. He stated that he has asked 15 to 20 people if they know what they will be voting for on February 7th and no one knows. He stated he feels there has been no advertising of the proposed Library project; it hasn’t been in the paper. Mr. Josey stated that someone who abuts the Library doesn’t even know. Shirley Mosczynski stated the Board is meeting today with the Town Moderator and Town Clerk. She stated the Finance Committee is putting their information flyer out. Michael Guzinski concurred stating the flyer is at the printer and will be delivered to the Post Office on Thursday and mailed to the public by the weekend. Rich Preston stated that there was an informational video that was produced the last time the Library Project came before the Town. It has been played a couple of weeks ago ad nauseam and will be played again this weekend.

4. Uxbridge Rotary Club – Bench Presentation:
Uxbridge Rotary Club Members Gary Armstrong, Karen Albright, and Gary Buma came before the Board to present a bench to the Town of Douglas in celebration of the Rotary International’s Centennial Anniversary. Gary Armstrong stated the bench is indicative of the spirit of the Rotary Club – one Town giving to another. He stated that in Uxbridge, they really want to extend their fellowship to Douglas.

5. Alcohol Violation Hearing – Gregory’s:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated January 28, 2005, re: Alcohol Violation Hearings; the ABCC Local Licensing Authority Violations organizational chart; MGL Chapter 138, §34 – Sale, delivery of furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age; MGL Chapter 138, §62 – Penalty; MGL Chapter 138, §64 – Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds; MGL Chapter 138, §65 – Delivery of license upon suspension, revocation, cancellation or forfeiture; a letter to the Board of Selectmen, from Police Chief Patrick Foley, dated January, 4, 2005, re: Liquor Law Violations; a letter to the Board of Selectmen, from Officer Aaron McLaughlin, dated December 17, 2004, re: Liquor Law Violations; Town of Douglas, Board of Selectmen, Alcohol Compliance Investigation Report, dated December 17, 2004; a letter to the Board of Selectmen, from Sergeant Nick Miglionico, dated June 14, 2004, re: Liquor Law Violations; a letter to the Board of Selectmen, from Blackstone Valley Beagle Club, dated July 5, 2005; a letter to the Board of Selectmen, from the Slovak Catholic Sokol Club, received June 24, 2005, re: Serving Violation on 6/11/04; a certified letter to Vaia Pritsoulis d/b/a Gregory’s, from Suzanne Kane, dated January 10, 2005; Certified mail receipts from Gregory’s; and License # 028800006 with conditions. Handed out prior to meeting is a Memorandum to Municipal Clients from Town Counsel, dated January 25, 1991, re: Liquor Licenses. At 7:15 pm Shirley Mosczynski called the Alcohol Violation Hearing for Gregory’s open and called all parties forward stating this is a violation of Liquor Laws by selling alcohol to someone under the age of 21. Officer Aaron McLaughlin and Nicholas Pritsoulis, representing Vaia Pritsoulis, Manager of Gregory’s came forward and were sworn in. Officer McLaughlin reported that at 6:15 pm on December 17, 2004 an individual of age and one under-age entered Gregory’s Pizza located at 303 Main Street. When they were waited on the underaged individual ordered a Bud Light beer and was not asked for ID. A short time later she was served the beverage. Officer McLaughlin reported that this was Gregory’s second violation, the first happening on June 11, 2004. Shirley Mosczynski asked Nicholas Pritsoulis if he will stipulate to the facts as presented by Officer McLaughlin. Nicholas Pritsoulis stated yes. Mr. Pritsoulis stated he would like to get a workshop together for all establishments to work together to teach them how to check ID’s – no one has ever come into his restaurant to teach them how to correctly check ID’s. He has a lot of underaged people working for him also. Rich Preston stated that this is their second violation. The burden of holding a license is also the burden of being aware of the law. It is not someone else’s responsibility to tutor them in the appropriateness of what the law is. It’s a responsibility the entity has to take seriously or there is a possibility of loosing the license. He asked if there has been any discussion at their establishment about putting together a policy. Nicholas Pritsoulis stated everyday – he repeats the same thing. He takes each employee and goes over checking ID’s. The people who served the underaged individuals are no longer with them. They don’t want this to happen again. Mr. Pritsoulis stated that even people who do not serve alcohol hear it from him – he doesn’t know what else he can do. Officer McLaughlin stated that after the first sting the establishments were given a video from the Liquor Liability Joint Underwriting Association of Massachusetts and the Massachusetts Chiefs of Police Association, Inc., entitled, “Stop Underage Drinking”. Nicholas Pritsoulis stated they did see it. But they have new people who need to see it. Rich Preston made a motion at 7:20 pm to close the Alcohol Violation Hearing for Gregory’s. David Furno seconded the motion. All – aye. Rich Preston made a motion finding a violation at Gregory’s Pizza did occur as presented and discussed. David Furno seconded the motion. All – aye. Rich Preston made a motion to discuss sanctions. David Furno seconded the motion. All – aye. Officer McLaughlin referred to Chief Foley’s recommendation to give up to a three-day suspension of their Liquor License and a requirement that all ID’s be checked when purchasing alcoholic beverages. Chief Foley stated he stands by his recommendation from the last meeting. He stated that he has been in Gregory’s since the violation and they are carding everyone. He had recommended any one 30 or younger be carded. Chief Foley stated Gregory’s is working at it and he has no problem working with them or hooking them up with someone to do a program. As he said at the last meeting – he is not there to hurt the business but they need to set examples to get the point across. Rich Preston made a motion to suspend the Alcohol License of Gregory’s Pizza for three days and require all ID’s to be checked when serving alcoholic beverages. David Furno seconded the motion. All – aye. Shirley Mosczynski told Nicholas Pritsoulis that he would be notified in writing of the Boards decision and he would have 5 days from receipt of the letter to appeal to the ABCC. Michael Guzinski recommended the Board set the dates tonight. Chief Foley stated that if they go the maximum he would suggest a one day suspension per week rather than three days in a row – it’s educational and hopefully they will get the message out. Rich Preston stated he disagrees – it’s a serious situation – it’s punitive and they know that. He feels it’s easier to verify that the sanctions are being met if the days are consecutive. David Furno agreed. Rich Preston made a motion that the sanction be three consecutive days. David Furno agreed. All – aye. David Furno suggested the days be a Thursday, Friday, and Saturday. Michael Guzinski suggested they give enough time to allow the business to appeal to the ABCC by allowing two weeks before the suspension. By consensus of the Board for suspension to be on February 17, 18, and 19th. Rich Preston amended his motion to reflect the three day sanction on February 17, 18, and 19th, 2005. David Furno seconded the amendment. All – aye.

6. Alcohol Violation Hearing – Beagle Club:
In the agenda is a certified letter to Joseph Haringa, from Suzanne Kane, dated January 10, 2005; certified mail receipts; a letter to the Board of Selectmen, from the Blackstone Valley Beagle Club, dated December 23, 2004; Liquor License.# 028800007 for the Blackstone Valley Beagle Club with conditions. • At 7:35 pm Shirley Mosczynski called the Alcohol Violation Hearing for The Blackstone Valley Beagle Club open and called all parties forward stating this is a violation of Liquor Laws by selling alcohol to someone under the age of 21. Officer Aaron McLaughlin, Beagle Club Manager Joseph Haringa, and Beagle Club Board Member Chris Nelson came forward and were sworn in. Officer McLaughlin reported that at 5:45 pm on December 17, 2004 an individual of age and one under-age entered The Blackstone Valley Beagle Club located on Walnut Street. They were asked to sign a guest book and then went to the bar area and the underaged individual ordered and was served a Bud Light beer without providing proof of identification. Officer McLaughlin reported that this was the Beagle Clubs second violation, the first happening on June 11, 2004. Shirley Mosczynski asked Joseph Haringa if he will stipulate to the facts as presented by Officer McLaughlin. Joseph Haringa stated they were true. He stated this is the second time for this bartender and she is no longer with them. Mr. Haringa stated he is upset because she was trained, well trained and certified. They are working with the other bartenders now to do the things that Chief Foley has asked them to do. Rich Preston asked Mr. Haringa if the Beagle Club is setting policies. Joseph Haringa stated they are – the Chief has shown them how to have everyone sign into the guest book and check ID’s. Rich Preston made a motion at 7:38 pm to close the Alcohol Violation Hearing The Blackstone Valley Beagle Club. David Furno seconded the motion. All – aye. Rich Preston made a motion finding a violation at the Blackstone Valley Beagle Club did occur as presented and discussed. David Furno seconded the motion. All – aye. Shirley Mosczynski read the recommendation of Chief Foley for up to a three-day suspension of their Liquor License, all ID’s be checked when purchasing alcoholic beverages and a copy of their membership procedure. Rich Preston stated it’s important to be fair and equitable and he will move the same. He stated that being their second violation the sanction should be the same as the other but he has confidence that they have a handle on this and have made the changes. He is confident they will never see the Beagle Club in this regard again. Rich Preston made a motion to sanction The Blackstone Valley Beagle Club by way of a three-day suspension on February 17, 18, and 19th, 2005. David Furno seconded the motion. All – aye. Shirley Mosczynski stated they will be notified in writing of the Boards decision and they will have 5 days from receipt of the letter to appeal to the ABCC.

7. Alcohol Violation Hearing – Bailey’s:
In the agenda is a certified letter to Anthony Hayes d/b/a Bailey’s, from Suzanne Kane, dated January 10, 2005; certified mail receipts; Liquor License.# 028800005 for Bailey’s with conditions. • At 7:55 pm Shirley Mosczynski called the Alcohol Violation Hearing for Bailey’s open and called all parties forward stating this is a violation of Liquor Laws by selling alcohol to someone under the age of 21. Officer Aaron McLaughlin and Bailey’s Manager Anthony Hayes came forward and were sworn in. Officer McLaughlin reported that at 7:00 pm on December 17, 2004 an individual of age and one under-age entered Bailey’s located at 306 Main Street. They went to the bar area and the underaged individual ordered and was served a Bud Light beer without being asked for proof of identification. Officer McLaughlin reported that this was Bailey’s first violation. Shirley Mosczynski asked Anthony Hayes if he will stipulate to the facts as presented by Officer McLaughlin. Anthony Hayes stated he spoke to the bartender on duty that night and she does not remember this incident. He stated it is their first offence. Anthony Hayes stated he knows Chief Foley has recommended that he be closed for one day. He believes the other establishments who had a fist violation were not asked to close. Shirley Mosczynski asked Mr. Hayes again if he agrees with the facts as stipulated. Anthony Hayes stated he can not agree or disagree with this – the bartender does not remember this. Shirley Mosczynski stated Mr. Hayes is the responsible individual to which he stated yes he is. Mr. Hayes stated there was no notification from the Police Department. He believes that when the Town decided to do the sting 6 months ago the officer came in and notified them of the violation. Officer McLaughlin concurred stating after the second investigation there was no formal visit but a letter was sent. He stated when the person of age showed ID the underaged person stated she did not have a license and the bartender stated it was ok because she was with the person of age. Anthony Hayes again stated the bartender does not remember it happening. He was in the kitchen. Rich Preston asked what are their policies and procedures about training. Anthony Hayes stated all the bartenders are TIP certified and if it did happen it was a mistake or oversight – they are very strict about checking ID’s. He stated that if he happens to be at the bar and he notices someone who is questionable he reminds the bartenders to card the person if they have not already done so. On busy nights Mr. Hayes said the bouncer cards people and no one is allowed in under 21. Rich Preston made a motion at 7:58 pm to close the Alcohol Violation Hearing for Bailey’s. David Furno seconded the motion. All – aye. Rich Preston made a motion finding a violation at Bailey’s did occur as presented and discussed. David Furno seconded the motion. All – aye. Rich Preston asked Chief Foley if in the past the first time violators were given a warning – his recommendation now is a one day suspension and he was wondering what his reason is. Chief Foley stated that everyone was aware of the first sting – everyone received a letter of warning or an ‘at-a-boy’. In all the letters they were told the Police Department would continue doing stings. They were forewarned that they were coming back and it’s up to the establishments to check ID’s. Rich Preston stated he appreciates the work the Police Department has done through these operations – they are beneficial and he hopes they continue into the future. He stated he hopes the establishments with these licenses are aware that there is a possibility that this will happen again. But they need to be fair and equitable. Rich Preston made a motion that the sanction for Bailey’s be in the form of a written warning. David Furno seconded the motion. 3 members - aye. Chairman Shirley Mosczynski apposed saying she would go with Chief Foley’s recommendation.

8. STM – Town Moderator and Town Clerk:
In the agenda is the Warrant for Special Town Meeting, February 7, 2005; February 7, 2005 Motion and Presenters table; Article 1 Motion; Article 2 Motion; an email to Suzanne Kane, from Brett Kustigian, dated January 12, 2005; re: Use of High School; and an email to Suzanne Kane, from Brett Kustigian, dated January 26, 2005, re: Special Town Meeting. Town Moderator Jerome Jussaume and Town Clerk Christine Furno came before the board. Jerome Jussaume stated that everything looks good. Jerome Jussaume stated that Library Building Committee Chair Merritt Tetreault has a presentation to make – everything seems straight forward.

9. Contract Discussion:
In the agenda is a copy of ‘Employment of Principals’ and ‘Professional Staff Supplementary Pay Plans’ taken from the School website under Policies. Michael Guzinski reported that the information the Board of Selectmen received from the School Committee regarding a contract has been forwarded to Town Counsel for his comment. Michael Guzinski stated that this way the Town will be prepared if the School decides to have the Town get involved. Shirley Mosczynski stated the reason that was done was because the Town was mentioned in the letter.

10. Common Victualler’s License – Douglas Donuts LLC:
In the agenda is an application for a Common Victualler’s License for Douglas Donuts LLC, dated January 18, 2005; a Workers Compensation Certificate for Douglas Donuts LLC d/b/a Dunkin’ Donuts; a Worker’s Compensation Insurance Affidavit for Douglas Donuts LLC; a REAP Form for Karim Youssef; the floor plan for Douglas Donuts; a check made out to the Town of Douglas, from C.J.A. Donuts, Inc.; Emergency Contact Information for Douglas Donuts LLC d/b/a Dunkin’ Donuts; and a Common Victualler’s License for Douglas Donuts LLC d/b/a Dunkin’ Donuts. Suzanne Kane reported the application was complete. Rich Preston made a motion to approve the application for a Common Victualler’s License for Douglas Donuts LLC d/b/a Dunkin’ Donuts as presented. David Furno seconded the motion. All – aye.

11. Town Use Applications:
In the agenda is an Application for Use of Town Property for Douglas Celebration Graduation Committee, dated January 18, 2005; a memo to the Board of Selectmen, from Suzanne Kane, dated January 28, 2005, re: Town Use for Girl Scouts; an Application for Use of Town Property for Girl Scouts, dated January 18, 2005; a letter to the Board of Selectmen, from Library Director Ann Carlsson; and an Application for Use of Town Property for Douglas Post Office, dated January 24, 2005.
 Douglas Celebration Graduation Committee: Rich Preston made a motion to approve the Application for Use of Town Property for Douglas Celebration Graduation Committee, to use the Fire Station on April 2, 2005 and April 9, 2005 as presented. David Furno seconded the motion. All – aye.
 Girl Scouts: Suzanne Kane directed the Boards attention to the notation made by Fire Chief Gonynor. Chief Gonynor did not want the Fire Station being used after hours. Suzanne Kane spelled out the dates and time for use at the Fire Station and at the Library. Rich Preston made a motion to approve the Application for Use of Town Property for the Girl Scouts, to use the Fire Station Parking Lot and Library Lawn as presented. David Furno seconded the motion. All – aye.
 Douglas Post Office: Rich Preston made a motion to approve the Application for Use of Town Property for the Douglas Post Office, to use the Municipal Center Resource Room, February 22 and 24th as presented. David Furno seconded the motion. All – aye.

12. Minutes: January 4, 2005:
Rich Preston made a motion to approve the minutes of January 4, 2005 as presented. David Furno seconded the motion. All – aye.

13. Administrator’s Report:
 North Street Bridge: Michael Guzinski reported that Town Engineer William Cundiff received an estimate of $7,500 to $10,000 from Weston and Sampson for a topographic site survey, wetland delineation, and a set of preliminary concept plans for the budgeting design and construction of the pedestrian bridge adjacent to the North Street bridge. Michael Guzinski stated he hopes to get a breakdown in next couple of weeks for the Boards discussion and consideration of a possible article at Town Meeting. Shirley Mosczynski asked if he was getting an estimate from anyone else. Michael Guzinski stated he will talk to William Cundiff – Engineering work falls outside the Procurement Laws of Chapter 30B and it’s not required. He will see if he feels it’s a decent price or if he wants to check with another company. If they feel they can do better they will but at least they will have the breakdown for the next meeting.
 Fire Grant: Michael Guzinski reported that the Fire Chief has received a $21,000 equipment grant which they can use in the next 6 months. He stated he should be getting more detail from the Chief.

14. Old / New Business:
Old:
None

New:
 Town Website: Rich Preston stated looking at the possibility of expanding the Towns Website; he would suggest the Board of Selectmen have their own page. He stated he would like to have this pursued. Suzanne Kane stated she feels the same way and has already spoken to several people about this. It was suggested that she download Web publishing software to familiarize herself with it. She just has not had the time yet.
 Future Agenda Items: Shirley Mosczynski went over the future dates for Workshops and Meetings. Suzanne Kane added February 22, 2005 for evaluation tools workshop.

15. Adjournment:
David Furno made a motion to adjourn at 8:14 pm. Rich Preston seconded the motion. All – aye.


Respectfully submitted,


Suzanne Kane
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Suzanne Kane
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