BOS - May 3, 2005

Moderators: Suzanne Kane, Jane Alger

BOS - May 3, 2005

Postby Suzanne Kane » Thu Jul 28, 2005 2:34 pm

Board of Selectmen
Agenda
May 3, 2005



6:00 pm
Informational Workshop

7:00 pm
1. Call to Order

2. Chairman’s Announcements

3. Citizen’s Forum

7:05 pm
4. Borgatti & Harrison – Exit Conference

7:30 pm
5. Change Hearing Continuation – Bailey’s

7:45 pm
6. Violation Hearing Continuation – Bailey’s

8:00 pm
7. Request for Temporary Bridge – Suzanne Gagnon

8:15 pm
8. Sokol Club Request from Highway – John Zifcak

8:30 pm

9. Annual / Special Town Meeting – Town Moderator & Town Clerk

8:45 pm
10. Traveling Zoo License Application – Zoo Shows

11. Town Use – Celebration Graduation

12. Minutes: April 5, 2005

13. Administrators Report

14. Old / New Business

15. Adjournment

____________________________________________________________
Future Agendas:
May 17th:
Purchase and Sales of 3 lots on NW Main Street
_____________________________________________________________
_____________________________________________________________
Board of Selectmen
Meeting Minutes
May 3, 2005
Approved November 1, 2005



• Informational Workshop:
Madame Chairman Shirley Mosczynski called the meeting to order at 6:05 pm. In attendance: Paula Brouillette, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane. Rich Preston was absent.

Michael Guzinski went over the following items:
• Meeting with School Committee Chair, Finance Committee Chair and Board of Selectmen Chair.
• Oil Spill
• Vote on Ballot Question
• Finance Committee concerns
• Bailey’s
• Temporary Bridge Agenda Item
• Letter from resident
• Inter Municipal Agreement
• Cable Coordinator
• Lt. Contract
• Meeting with CMS
• Town Meeting Motions

6:30 pm
Town Auditor Tim Harrison and Town Accountant Rich Mathieu joined the meeting. Tim Harrison went over the Town of Douglas Fiscal 2004 Audit.

The board moved their meeting to the Resource Room.

1. Call to Order:
Madame Chairman Shirley Mosczynski called the meeting to order at 7:08 pm. In attendance: Paula Brouillette, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane. Rich Preston was absent.

Other staff and citizens: Town Auditor Tim Harrison, Town Accountant Rich Mathieu, Police Chief Foley, Suzanne Gagnon, Attorney Debra Dunleavy, Michael Boothby, John and Dennis Zifcak, and Alexandra Burpee.


2. Chairman’s Announcements:
• Blackstone Expedition ’05: Shirley Mosczynski read a letter from the John H. Chafee Blackstone River Valley National Heritage Corridor announcing the Blackstone Expedition ’05 coming June 15-18th.
• Elections & Town Meeting: Shirley Mosczynski announced the elections would be held Tuesday, May 10th from 8 am to 8 pm. Debates will be May 5th at 7:00 pm. Special Town Meeting will be May 16th at 6:00 pm and the Annual Town Meeting at 7:00 pm.
• Cape & Islands Paper: Shirley Mosczynski announced that the Cape Code Times did a story on a Jim Mei of South Yarmouth who collects Town Books. The Douglas Town book is put together by Suzanne Kane and it happens to be one of this gentleman’s favorites. She congratulated Suzanne Kane on a job well done.

3. Citizen’s Forum:
No citizen’s came forward.

4. Borgatti & Harrison – Exit Conference:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated April 28, 2005, re: item 4 – Exit Conference; a draft copy of the Douglas Management Letter – June 30, 2004 from Borgatti Harrison & Co.; the Town of Douglas Basic Financial Statements with Accompanying Information – Year Ended June 30, 2004 and Report of Certified Public Accountants; and Town of Douglas Management Letter – June 30, 2004 from Borgatti Harrison & Co.• Town Auditor Tim Harrison and Town Accountant Rich Mathieu came before the Board. Tim Harrison pointed out that the Town Audit Report is called an unqualified opinion – there were no findings that need to be brought to anyone’s attention. The auditors opinions belong to the auditor and the financial statements belong to the town. Their opinion is a clean opinion and the financial statements show the town in a favorable light. The total assets town wide was approximately $43,000.00. He felt it was important to talk about the “Insurance Withholding” section on page two of the management letter. That encompasses a lot more than just insurance withholdings. What he wants to throw out is the idea of a Human Resource Department – more and more it is becoming a full time job. Paula Brouillette asked if there were different sections of Mass General Law that would have to be in place to do that. Tim Harrison informed her no; just assign a person and give them the hours to do the work.
• Insurance Issue from Oil Spill: Michael Guzinski asked that the Board consider an additional item not on the agenda. Rich Mathieu stated that under Mass General Law any insurance money received and expended under emergency expenditures needs the vote of the Board to ask the Bureau of Accounts for permission to expend the funds. He is asking the Board to vote to expend $300,000. Right now the total they have received is about $195,000 or so. He is not sure if that will go up. Once that is done and the money comes in they will have to go to the Fall Town Meeting to appropriate the money. Paula Brouillette made a motion to request emergency expenditures from the Bureau of Accounts to cover insurance payments for the oil spill at the Middle High School; not to exceed $300,000. David Furno seconded the motion. Michael Guzinski clarified to the Board that these are funds being reimbursed by insurance. Shirley Mosczynski asked how close to being done are they. Michael Guzinski stated the clean up is done. On the vote: all – aye.
• Town Accountant Certification: Michael Guzinski read a letter from Richard Sarasin, Certification Officer of the Massachusetts Municipal Auditors’ and Accountants’ Association, dated April 28, 2005 announcing that Town Account Rich Mathieu passed his certification for Certified Governmental Accountant. Rich Mathieu is one of 12 auditors or accountants in the State who will be recognized this year. It is a very difficult test to pass. The Board congratulated Rich Mathieu.

5. Change Hearing Continuation – Bailey’s:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, date April 29, 2005, re: Item 5 and 6 Hearing; ABCC’s Form 43 for Anthony Hayes, MBTH, Inc., d/b/a Bailey’s, for a Change of Manager, Transfer of Stock, and New Officer/Director; ABCC’s Form 997, for Anthony Hayes, MBTH, Inc., d/b/a Bailey’s, ABCC’s Form A for Anthony Hayes, MBTH, Inc., d/b/a Bailey’s, a letter to the ABCC from Anthony Hayes, dated April 4, 2005; a Memorandum to Municipal Clients, from Town Counsel, dated January 25, 1991, re: Liquor Licenses; M.G.L. Chapter 138, §77 – Alcoholic Liquors – Cancellation of license upon cessation of licensed business; M.G.L. Chapter 138, §12 – Alcoholic Liquors – Sale of Alcoholic Beverages or Wines and Malt Beverages to be Drunk on the Premises; and handed out prior to the meeting a memo to the Board of Selectmen, from Suzanne Kane, dated May 3, 2005, Re: Item 5 and 6 – Bailey’s Hearing. • Shirley Mosczynski opened the meeting at 7:30 pm by reading the Hearing Procedures. Debra Dunleavy, Michael Boothby and Suzanne Kane were sworn in. Suzanne Kane went over her memo outlining what has transpired with Bailey’s. In December knowing Michael Boothby left the business, she told Anthony Hayes he needs to submit a Change of Managers form. Mr. Hayes stated the Lawyers were working on the paperwork and would not be done until after February. After not hearing from Mr. Hayes he was given a deadline to submit the paperwork by the end of February which he did not meet. In March she spoke to ABCC, they stated Mr. Hayes also had to fill out a Transfer/Issuance of Stock and New Officers/Director’s forms. The Board scheduled a Hearing and Mr. Hayes was notified by Voice Message that he would be receiving the notice and paperwork by certified mail. Mr. Hayes never claimed his package. The package was then hand delivered by the Police Department. In April, the weekend before the Hearing Mr. Hayes had a potential buyer for his business so he filled out the paperwork and turned it in thinking the Hearing would then be cancelled. While in the Selectmen’s office Suzanne Kane called ABCC because Mr. Hayes did not feel he needed to turn in all the paperwork. When questioned; Mr. Hayes told ABCC that Mr. Boothby’s share of stock was transferred back into the company unattached. ABCC stated Mr. Hayes did need to submit all the paperwork including an affidavit from Mr. Boothby that he was not forced to leave and/or no financial consideration was being paid to him. Per Town Counsel’s recommendation the Violation Hearing was held and continued. A new hearing to consider the Change of Managers was scheduled prior to the continuation Violation Hearing. After receiving the paperwork she noticed that Mr. Hayes and Mr. Boothby had entered into a Stock Purchase Agreement in May/June 2005 – Anthony Hayes and Michael Boothby agreed to cooperate with one another in transferring Michael Boothby’s interest in MBTH, Inc. and Bailey’s Restaurant to Anthony Hayes. Mr. Hayes felt that document would satisfy the affidavit request from ABCC. That document raised questions in Suzanne Kane’s mind. She called Mr. Boothby’s Attorney; Debra Dunleavy who stated Mr. Boothby was in fact still a stockholder. She asked Debra Dunleavy to supply the affidavit. She also checked out Massachusetts Corporations Division Website and found that MBTH, Inc.’s had not changed and Mr. Boothby was still a stock holder. She asked Mr. Boothby to be present for the Change Hearing. At the Change Hearing she went over the discrepancies between the facts and the paperwork. All of which Mr. Hayes admitted to, stating he was working on refinancing. It was determined that at this time Mr. Hayes only needs to submit Change of Manager paperwork until he removes Mr. Boothby from his obligation then he would need to submit the other paperwork. Mr. Hayes stated he would continue to work at refinancing which he stated would take 2 to 3 months. The Board continued the Change Hearing to the same day as the continuation Violation Hearing to make sure all paperwork needed was correct. In May Mr. Hayes informed Suzanne Kane that he would be closing his business on April 30th; the potential buyer backed out. He felt the Hearings could be cancelled. Suzanne Kane told him that the Board would still hold the Hearings. He stated he would not be there but that Mr. Boothby might be interested in taking over the business. Suzanne Kane spoke with Town Counsel’s Rich Bowen. Rich Bowen stated the Board should proceed with the Hearing Anthony Hayes should be asking permission from the Board to close. She explained that there was a possibility that Michael Boothby might take over the business. Rich Bowen stated it doesn’t matter who is there as long as it is a Board member, the license is under the Corporation. He stated what he would do is tell Bailey’s that they had one month to clean up all the paperwork and set up another hearing. Then if the paperwork was not complete take sever action. Rich Bowen stated that if they close they are failing to serve public need and the Board of Selectmen could revoke their license Bailey’s could then appeal to ABCC. ABCC would probably overturn their revocation and give them 6 months to comply. He stated if no one shows up the Board can revoke the license. Suzanne Kane spoke with Debra Dunleavy and she stated she and Michael Boothby would be at the Hearing. Michael Boothby will be asking for a couple of weeks to decide if he wants to run the business or not. Suzanne Kane asked Rich Bowen if they had a document that showed what penalties are appropriate for what offences. He stated they do not have such a document because they take each offence case by case. There are too many factors to determine the appropriate punishment for violations. She stated that if Michael Boothby does decide to take over, the paperwork would have to be redone because it is currently in Anthony Hayes’ name. Debra Dunleavy stated that she was told by Anthony Hayes that he had a buyer. She has not spoken to him since and she believes the buyer is gone. They have not been able to get books or records from Anthony Hayes. They are asking the Board to give Michael Boothby a couple of weeks to figure things out what he is going to do. He will need to work with Anthony Hayes to dissolve the Corporation. Edward Therrien asked Michael Boothby what he wanted to do. Michael Boothby stated he would like to figure out what his options are – It’s going to be a long drawn out process. Shirley Mosczynski reminded the Board that this is the second continuation hearing for Change of Managers and the second time Mr. Hayes has not shown up – a decision must be made after they close the hearing. Paula Brouillette made a motion to close the hearing at 7:40 pm. David Furno seconded the motion. Edward Therrien abstained. All other members – aye. Michael Guzinski recommended the Board vote to deny the request to change the license. Paula Brouillette made a motion to deny the petition presented by Anthony Hayes, MBTH, Inc. d/b/a Baileys. David Furno seconded the motion. Edward Therrien abstained. All other members – aye.

6. Violation Hearing Continuation – Bailey’s:
Shirley Mosczynski opened the hearing at 7:45 pm by reading the Hearing Procedures. She stated this is a continuation hearing of the violation that Bailey’s has not changed their manager and again Anthony Hayes is not present. Debra Dunleavy, Michael Boothby and Suzanne Kane were sworn in. Debra Dunleavy stated that Michael Boothby was not actively involved in the process to change managers. He was aware the manager left and moved out of State. They are in support of naming Anthony Hayes as Manager in order to wrap things up. Michael Guzinski stated that considering the difficulty with the paperwork experienced with Mr. Hayes and what they have heard earlier this evening about a transfer of license, he would recommend the Board issue a thirty (30) day suspension and at the end of the thirty days if Michael Boothby wants to issue paperwork he can, otherwise they should revoke the license. Paula Brouillette made a motion to close the hearing at 8:50 pm. David Furno seconded the motion. All – aye. Paula Brouillette asked what the recommended period for the suspension should be. Michael Guzinski stated there is a five (5) day appeal period. He recommended the suspension period start on May 11th. Paula Brouillette made a motion to suspend the Liquor License for Anthony Hayes, MBTH, Inc. d/b/a Bailey’s to commence on Wednesday, May 11, 2005; to extend for a thirty (30) day period. At the end of that time if there is progress in changing ownership, the license will be reviewed. If ownership is still in question the Board will review for revocation. David Furno seconded the motion. All – aye.

7. Request for Temporary Bridge – Suzanne Gagnon:
In the agenda is a memo to the Board of Selectmen, from William Cundiff, dated April 29, 2005, re: Potter Road Bridge Crossing; and a letter to the Board of Selectmen, from Suzanne Gagnon, dated April 7, 2005. Handed out prior to the meeting is a drawing of the proposed temporary bridge; a letter to Mabey Bridge, Inc., from William Squires, dated March 27, 1995, re: 20ft, 30 ft. and 40 ft Quick Bridge Units – HS-20 & HS-25 Loadings; and a Certificate of Insurance from Gray Excavation, Inc. • Suzanne Gagnon came before the Board for permission to put a temporary bridge over the Potter bridge to give them access to land they own. The current bridge will not support the equipment she needs to develop her lot. William Cundiff stated his concern is that there be adequate surety in a form that is acceptable to Town Counsel and the Town be held harmless against any issues that may result from the construction of the bridge. Paula Brouillette asked if she would be notifying the residents on Potter Road. Suzanne Gagnon stated that she has been working with Edward Therrien – there are only two people to notify. Paula Brouillette made a motion to instruct Executive Administrator Michael Guzinski to oversee and make sure that there is the appropriate property and liability insurance coverage as stated in William Cundiff’s memo; to insure the Town of Douglas is added on liability and the two abutter are notified by certified mail. David Furno seconded the motion. David Furno asked if William Cundiff would be overseeing this. Michael Guzinski stated he and William Cundiff would be working together on this. On the vote – all aye.

8. Sokol Club Request from Highway – John Zifcak:
In the agenda is a letter to the Board of Selectmen, from the Slovak Catholic Sokol Club, dated April 21, 2005. Handed out prior to the meeting is a copy of a catalog showing the proposed Contour Bench; and a diagram showing the locations. • John and Dennis Zifcak came before the Board. Dennis Zifcak stated there are a lot of Veteran’s who are also members of the Sokol Hall. They want to install two benches near the Veteran’s Plaque on the corner of Depot Street and Martin Road. The benches would cost about $540.00 each. They would go on beds of concrete. Speaking to Larry Bombara they would need 1.5 yards of material for both pads which should cost around $90.00. They would also pay for a plaque for the benches honoring the Veterans but need the Highway Department to install the pads. Paula Brouillette made a motion to authorize the Slovak Catholic Sokol Club’s honoring of the Veterans of Douglas by placing benches at the Veteran’s Plaque on the corner of Depot Street and Martin Road with the assistance of the Highway Department. David Furno seconded the motion. All – aye.

9. Annual / Special Town Meeting – Town Moderator & Town Clerk:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated April 29, 2005, re: Item 9 – Town Meeting; and email to Suzanne Kane, from Brett Kustigian, dated April 28, 2005, re: Town Meeting; and a draft copy of the Town Meetings – Motions and Presenters document. Handed out prior to the meeting is the final copy of the Town Meetings – Motions and Presenters document. Jerome Jussaume and Christine Furno came before the Board. Michael Guzinski stated the biggest concern is the budget. He spoke to the Board on this issue. He extends his apologies to the Board of Selectmen and the Library Trustees for the misunderstanding on the debt exclusion. It was his understanding that an over-ride debt exclusion required a simple majority of the Selectmen to be placed on the ballot. As it turns out is requires a 2/3rd‘s vote of the Board to have legal enforcing effect to the over-ride Prop 2 ½. At their March 22nd meeting the Board took a vote in regards to placing a question on the ballot for the Library construction project in which the vote was 3 in favor and 2 apposed. That did not meet the 2/3rd’s threshold. He spoke with Town Counsel and currently the question that sits on the ballot does not have a legal enforcing effect on the debt exclusion unless the Board takes a follow up vote that would meet the 2/3rd majority. If not the question on the ballot would be a resolution. Shirley Mosczynski stated it puts her in he position that if the Board asks her to hold a Special Meeting she would – if they do not they can’t. No one made a motion on this matter. They went over the articles. Jerome Jussaume asked why the Capital article was number two. Michael Guzinski stated that it was to resolve the issue of Capital items before getting to the budget. It was his recommendation to the Board to do it in that order. Jerome Jussaume stated that if you look at the warrant as it is written it is overwhelming – but they should hopefully get through it in a three hour time span. There was discussion about how to handle overflow. Suzanne Kane stated that the School has prepared to put the overflow in the cafeteria. He suggested the clerk close the doors when counts are being taken. He also stated that anyone giving presentations should be alerted that they need to give the same presentation in both rooms at the same time.

10. Traveling Zoo License Application – Zoo Shows:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated April 29, 2005, re: Item 10. Traveling Zoo; an Application for Traveling Zoo License, from Alexandra Burpee d/b/a Records & Burpee aka Zoo Shows, dated April 26, 2005; a Worker’s Compensation Certificate of Insurance from the Zoo Shows; a Worker’s Compensation Insurance Affidavit from Alexandra Burpee and Lawrence Records; a Certificate of Insurance showing Guiou Excavation as also insured; a REAP form for Alexandra Burpee; a letter to the Board of Selectmen, from Joyce Guiou, dated April 26, 2005; a Traveling Zoo License Check List; a memo to various departments, from Suzanne Kane, dated April 26, 2005, re: Records and Burpee Traveling Children’s Zoo; an email to Suzanne Kane, from Fire Chief Don Gonynor, dated April 27, 2005, re: Zoo; an email to Suzanne Kane, from Adelle Reynolds, dated April 27, 2005, re: Children’s Zoo; letter to abutters; certified copy of the Abutter List Report, dated April 26, 2005; a lot map of immediate abutters for 188-33; a letter to Larry Records, from the Board of Health, dated April 25, 2005; a letter to the Board of Selectmen, from Town Counsel, dated April 22, 2005, re: Zoo License; a copy of Traveling Zoo License from Alexandra Burpee d/b/a Zoo Shows; and a letter to the Board of Selectmen, from Police Chief Foley, dated May 3, 2005, re: Application for License. Alexandra Burpee came before the Board. She has received permission from Joyce Guiou to have a 40x100 foot tent on her property with animals. Michael Guzinski stated he did attend one of her zoo’s and his family had a good time. Suzanne Kane stated she called the other town’s the zoo was in and no one had any issues with them. Alexandra Burpee stated that they are one of two shows in New England. They pride themselves with cleanliness and they have signage so people will learn about the animals. Paula Brouillette asked about setting a fee. Michael Guzinski stated the Board could set any fee they want. Paula Brouillette made a motion to approve the Application for a Traveling Zoo License for Alexandra Burpee d/b/a Records & Burpee aka Zoo Shows as presented and further to waive any fee. David Furno seconded the motion. All – aye.

11. Town Use – Celebration Graduation:
In the agenda is an Application for Use of Town Property from 2005 Celebration Graduation to use the Highway Garage lawn, May 21, 2005 for a garage sale. Handed out prior to the meeting is an Application for Use of Town Property from VFW Post 7554, to use the Old Fire Station on Cottage Street, May 29, 2005 for their Memorial Day Parade; and a copy of the Memorial Day Parade Program.
• 2005 Celebration Graduation: Shirley Mosczynski read the application with Conditions/Restrictions from Chief Gonynor and Chief Foley. Edward Therrien stated he gave his permission to use the area between the Highway Barn and the Fire Station. Paula Brouillette made a motion to approve the Application for Use of Town Property from the 2005 Celebration Graduation Committee to use the Highway Garage lawn, May 21, 2005 for a garage sale as presented. Edward Therrien seconded the motion. All – aye.
• VFW Post 7554: Shirley Mosczynski read the Application with Conditions/Restrictions from Chief Gonynor and Chief Foley. Paula Brouillette made a motion to approve the Application for Use of Town Property from VFW Post 7554, to use the Old Fire Station on Cottage Street, May 29, 2005 for their Memorial Day Parade as presented. Edward Therrien seconded the motion. All – aye.

12. Minutes:
• April 5, 2005: Paula Brouillette made a motion to approve the minutes of April 5, 2005. Edward Therrien seconded the motion. David Furno abstained. All other members – aye.

13. Administrators Report:
Michael Guzinski had no items.

14. Old / New Business:
Old:

No old business.

New:
• Open Meeting Law Violation: Shirley Mosczynski reported that there will be a story in the paper that there was a violation of the Open Meeting Law concerning emails. She has spoken to Michael Guzinski about this. Because it is a very easy thing to do she asked Michael Guzinski to gather information concerning Open Meeting Laws and get it out to all Boards and Committees. She spoke to the Board in question – they did remedy the error by holding an open meeting. Michael Guzinski stated he thinks it’s a good idea to remind Boards/Committees.

15. Adjournment:
David Furno made a motion to adjourn at 8:55 pm. Paula Brouillette seconded the motion. All – aye.


Respectfully submitted;


Suzanne Kane
Administrative Assistant
Suzanne Kane
Moderator
Moderator
 
Posts: 595
Joined: Wed May 25, 2005 2:01 pm

Return to 2005 Selectmen Meeting Agendas and Minutes

Who is online

Users browsing this forum: No registered users and 1 guest

cron