BOS - January 31, 2012

BOS - January 31, 2012

Postby Suzanne Kane » Thu Jan 26, 2012 1:26 pm

Board of Selectmen
Agenda
January 31, 2012


7:00 pm
• Call to Order
• Chairman’s Announcements
• Citizen’s Forum

1. School Bldg Committee – Approve Project Contracts

7:45 pm 2. Hearing: New Liquor License Application – Xtra Mart

3. Open Warrant for Annual and Special Town Meeting –May 7. 2012

4. Sign Presidential Primary Warrant

5. Water/Sewer – Request for alteration of Aquifer Map

6. Minutes: January 10, 2012; Jan. 10, 2012 Exec. Session

7. Administrator’s Report

8. Old/New Business
• Award

9. Executive Session - Litigation

10. Adjournment
____________________________________________________________________________
Future Agenda Items:

TBD: Update Master Plan; Housing Plan/Housing Authority; Meeting w/Webster
_____________________________________________________________________________
_____________________________________________________________________________

BOARD OF SELECTMEN
MEETING MINUTES
January 31, 2012
Approved February 21, 2012


• Call to Order
Mr. Bonin called the meeting to order at 7:03 PM in the Resource Room of the Municipal Center.

ATTENDANCE:
Board: Tim Bonin (Chairman), Mitch Cohen, Hal Davis, Mike Hughes, Jeffrey LaPorte, Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant).
Non-Voting: William Cundiff (Town Engineer), Dean Iacobucci (School Business Manager)
School Building Committee: Melissa Gouin, Nancy Lane (School Superintendent), Scott Yacino, Leslie Breault, Paula Brouillette, Shirley Mosczynski
Other Staff and Citizens: Tom Ellis (Heery), Al Calcagno (Heery), Leno Filippi (DiNisco), Susan Spencer (Worcester Telegram & Gazette), Kent Vinson (Fire Chief), Robert Sullivan (Water/Sewer Superintendent), Linda Nadeau, Mark Mungeam (Planning Board), Keith Bloniasz (Water/Sewer Commissioner), Bob Josey (Water/Sewer), Tonia Gosselin (X-Tra Mart), Carol Kane (X-Tra Mart) and others.

• Chairman’s Announcements (00:14)
None

• Citizen’s Forum (00:20)
No citizens came forward.

1. School Building Committee – Approve Project Contracts (00:30)
In the agenda is a facsimile mail dated January 31,2012 from Leno Filippi of DiNisco and a General Contractor/Filed Sub Bid Analysis.
Mr. Ellis, Mr. Filippi, Mr. Cundiff, Ms. Lane and Mr. Yacino joined the Board of Selectmen at the table.
Mr. Cohen announced that the School Building Committee was here to request contract approval. Mr. Ellis reviewed the project for the Board of Selectmen. The project has been broken down into two pieces for funding purposes so that it is consistent with the funding agreement signed with the Massachusetts School Building Authority (MSBA). MSBA requires the award of the contract be contingent upon each of the appropriations being met individually. The budget for the elementary school is $24,832,888; the budget for the middle school is $14,180,050 for a total of $39,012,938. Mr. Ellis is projecting, if all alternates were taken, and including the two contracts already completed, the haul road and well drilling, the projects would keep within the individual appropriations by $874,000 for the elementary school and approximately $1.7 million for the middle school. There is enough funding for the Town to accept Alternates #1 and #2 and stay within budget, with additional contingency available outside that. The MSBA construction contingency budget for each project would remain untouched until construction is begun. One exception, Alternate #2 was not on the table for discussion when the project funding agreement was signed, and it may be taken out of the contingency. Mr. Filippi concurs with Mr. Ellis’ information and recommends the project be awarded to CTA Construction. The electrical file sub bid and elevator file sub bid are still being worked on as far as withdrawal requests.
Mr. Cohen described the base contract, which is the construction of a new elementary school, repair of the middle school and significant road and field improvements. Alternate #1 is the track surface. Alternate #2 is extending the water line from the elementary school to the middle school and connecting to the water line that goes into the primary school, completing the loop. The initial cost estimate was $100,000 for the School Building Committee half of the project and it came in at $19,000. The School Building Committee is asking the Board of Selectmen to accept Alternate #2 and to support an article at the annual Town Meeting warrant in May to fund the other half of that. Mr. Cundiff informed the Board that it had been estimated that to do the water loop project in house would cost $50,000, to put it out for contract would cost $106,000. Those estimates were obtained before the $19,000 from CTA was seen. Mr. Filippi suggested establishing a budget for this water project because no one knows what one will encounter when going underground.
The School Building Committee requests the Board of Selectmen to award the contract to CTA Construction in the amount of $36,178,700 contingent upon some of the details being sorted out that Mr. Ellis eluded to and the approval of Town Counsel and the Office of the Attorney General.
Mr. Bonin asked for confirmation that there is enough water from the wells that have been drilled to irrigate the grass of the track. Mr. Filippi said that two wells were drilled. The first was dry but the second maintained a productive reservoir, and he is comfortable it meets the requirements.
Mr. Bonin also asked if there are funds for furniture, etc. Mr. Cohen replied that there is approximately $2.4 million allocated for furniture and technology.
Mr. Cohen made a motion to award the contract to CTA Construction in the amount of $36,178,700 including Alternate #1, track surface, and Alternate #2, water line extension, contingent upon approval of the Attorney General’s Office, Town Counsel and sub bid delineation. The motion was seconded by Mr. Hughes. All –Aye. (24:41)

2. Hearing: New Liquor License Application – X-Tra Mart (7:50 PM 52:26)
In the agenda is a completed License for Alcoholic Beverages application from
X-Tra Mart and related materials along with a memo from Jay Talerman, Town Counsel dated January 31, 2012.
Mr. Bonin opened the hearing for a new liquor license application for X-Tra Mart at 7:50 PM. Suzanne Kane stated that the application is complete. Tonia Gosselin and Carol Kane of X-Tra Mart joined the meeting. The state law has recently changed to make X-Tra Mart eligible to apply for a liquor license. The state changed a law, which now states that stores can have five liquor licenses in one state.
Mr. Cohen asked why X-Tra Mart is applying for a liquor license in Douglas. Carol Kane replied that they have the space available in the store, a license is available in town, and their competition has a liquor license.
Mr. Davis is concerned about the restricted parking. Carol Kane does not anticipate more new customers, only current customers buying more items. Mr. Hughes asked if they had done any studies showing this and Carol Kane replied that they had not.
Ms. Gosselin explained that many people come into the X-Tra Mart to buy alcohol and they have to be turned away. She would like her store to be one-stop for all their needs. She cards everyone for cigarettes and she has no problems. Mr. Cohen asked if all employees were certified, and Ms. Gosselin replied only she is certified so far, but that the other employees will also be.
Mr. Cohen is concerned about the available space in the store. He feels it is too small to add beer and wine. Ms. Gosselin stated that the X-Tra Mart at the Shell station took out a Subway and put in alcohol. She has items that do not sell that she could take out. Their grocery sales have dropped since Wal-Mart opened.
Mr. Cohen asked if they would look to expand the store if the sales of alcohol did well. Ms. Gosselin said they would not; she would have plenty of space if she removed items that do not sell. She feels she can provide what the public would need, just less variety. Carol Kane stated that this store would be similar to the Spencer store in that Spencer did not see new customers with the addition of a liquor license; they saw their current customers buying more items. Mr. Cohen asked if they had any data to support that claim and Carol Kane said that they did not, but they could get it. Carol Kane and Ms. Gosselin left the table at 8:05 PM.
Mr. Roland Forcier of 70 South West Main Street stated that he is a former owner of a Family Convenience Store, and he feels the square footage of the
X-Tra Mart is too small for beer and wine. He stated that the traffic from 4:30 PM to 6:00 PM is heavy and the parking lot is not too big. In the summer, there would be serious traffic problems. There are two stores in town that sell liquor and beer. He feels another liquor license would be over burdening the town with liquor.
Mr. Brian Wnukowski of 450 North East Main Street manages Lenny’s Liquors in Millbury and his father owns Douglas Village Package Store. The ABCC and state does regulate licenses based on need. If this license is granted to the X-Tra Mart, it is within 350 feet from Digger’s. Is there really a need for another license? Another license in town supplies another outlet for younger people to have someone buy alcohol for them.
Ms. Marilyn Walker of 3 School Court opposes the issuance of a license to sell beer or wine at the X-Tra Mart. She does not feel there is a need. She lives behind the X-Tra Mart. The Village and Digger’s are in walking distance of her home. The Village and Digger’s are owned by local people. The X-Tra Mart is owned by Drake Petroleum in Connecticut.
Ms. Walker does not believe there is ample parking. Sometimes she cannot get into School Court because cars are parked and blocking the street. She also stated that since you need to be 21 years old to sell liquor, she feels a liquor license would cut an opportunity for younger people to work there. Ms. Gosselin replied that the age to sell liquor is 19 years old and she currently does not have anyone under 19 years old working at the store.
Mr. Bill LaVallee is a co-owner of Digger’s and he reiterated what Mr. Forcier and Mr. Wnukowski said. He questioned the need for another liquor license in Douglas. In summer, out-of-towners fly through that area. People get hit. If X-Tra Mart phased out some of their necessities, where would people go if they needed those items? There is no other store in the center of town that sells similar items. Mr. LaVallee is concerned about the number of kids that hang out around the X-Tra Mart.
Mr. Oscar Teft, Regional Manager for New England for X-Tra Mart, spoke to address the public’s concerns. Regarding having three liquor licenses per one town, he stated that in many states, every store has beer and wine. X-Tra Mart prides themselves on training its employees on alcohol sales to minors and identifying proper ID’s. The registers would scan drivers licenses to verify a legitimate license. Regarding space, he feels the Douglas store has a lot of duplicate items. He feels there is sufficient space in the Douglas store. Regarding parking, he feels it would be only current customers that would buy beer and wine.
Mr. Cohen asked Mr. Teft, of his three Massachusetts stores, what is the ABCC history of selling to minors? Mr. Teft replied that there have been no violations in Sutton; there may have been one violation in 15 years in Spencer, and there was one violation in Sturbridge four years ago.
Mr. Hughes made a motion to close the public hearing for a new Liquor License Application – X-Tra Mart. Mr. Cohen seconded the motion. All – Aye (8:16 PM 75:01).
Mr. Davis is opposed. He does not see a need at all. He feels it is convenient in Douglas to get spirits or beer and wine. He feels there will be more traffic if the license is granted, especially in the summer. He feels the turnover of parking will be slower. It will detract from Douglas and may be a public hazard.
Mr. LaPorte has no problem with trying to improve business, but he cannot justify a need for a third alcohol establishment downtown.
Mr. Hughes does not see a need in that area. He is concerned about the parking. It is hard to pull out there.
Mr. Cohen feels similar to the Board. So far, there has been no demonstrated need. The store is very small and very tight for parking. Increasing the number of cars making a left out of that parking lot might be a safety hazard. He would like to see a traffic study done. He feels there would be new customers. If inventory were decreased, the convenience would be decreased. He is worried that an expansion would take away gas pumps and parking. He is open to extending the discussion. He would like to see a history of violations from ABCC and from the other stores, and a history from other stores of who buys what products. He would be supportive if traffic data were supplied.
Mr. Davis made a motion to deny the new liquor license application for X-Tra Mart. Mr. LaPorte seconded the motion. All – Aye (82:44).
Mr. Guzinski mentioned that X-Tra Mart could reapply in a few months if they flush out the issues. Suzanne Kane said that X-Tra Mart could appeal.
Mr. LaPorte asked Ms. Walker to describe how and how often School Court is blocked. Ms. Walker replied that it is blocked frequently. The vendor trucks always block School Court. Mr. LaPorte recommended that this be looked into.

3. Open Warrant for Annual and Special Town Meeting – May 7, 2012 (29:16)
In the agenda is a memo from Michael Guzinski dated January 26, 2012.
Mr. Cohen made a motion open the warrants for the Annual and Special Town Meetings to be held on Monday, May 7, 2012 at 7:00 PM and to close the warrants for the Annual and Special Town Meetings on March 2, 2012 in accordance with the town’s bylaws. Mr. Hughes seconded the motion. All - Aye.

4. Sign Presidential Primary Warrant (29:48)
Mr. Davis made a motion for the Board of Selectmen to approve and sign the Presidential Primary Warrant. Mr. Hughes seconded the motion. All - Aye.

5. Water/Sewer – Request for alteration of Aquifer Map (31:12)
In the agenda is a letter from Catherine Hamilton of Massachusetts DEP dated May 6, 2009.
Bob Sullivan, Bob Josey and Keith Bloniasz of the Water/Sewer Commission joined the meeting. Mr. Sullivan is before the Board to make adjustments to the wording of the Aquifer Protection District bylaw. The Department of Environmental Protection (DEP) did a review and found deficiencies, most of which were logistics in the wording. Mr. Sullivan did some mark-up edits and presented a map. Mr. Sullivan recommends that the hash marks that delineate the DEP Zone II be put back on the map. In order to have the map ready for the Planning Board in the spring, Mr. Sullivan has to complete the section of map that shows the section that is recommended to be taken out and put the hash marks back in.
Mr. Jay Talerman, Town Counsel, needs to make sure the language changes are in line with what DEP wants. Mr. Talerman and Mr. Sullivan continued discussion regarding the language changes and clarifying exactly what DEP needs the language to say.
Mr. Cohen would like to have counsel review the zoning proposal in depth and would like to have DEP look at it so that when it is presented at Town Meeting, it is good to go.
Mr. Hughes made a motion to submit the zoning proposal to the Planning Board for their review in preparation for Town Meeting. Mr. Davis seconded the motion. All – Aye. (51:45)

6. Approval of the Minutes (8:29 PM 87:09)
January 10, 2012: Mr. Hughes made a motion to approve and retain the minutes of the January 10, 2012 Executive Session meeting as presented. Seconded by Mr. LaPorte. All - Aye.

7. Administrator’s Report (8:30 PM 87:37)
Mr. Guzinski stated that the first draft of the Selectmen’s web page is complete, and the full project will be complete by May 1, 2012.
The Police Chief and Mr. Guzinski will meet with a representative from Commissioner Lambert’s Office on Friday at 10:00 AM to further the discussion of the problems at Wallum Lake State Park. This is a follow-up to the meeting they had in Boston several weeks ago. The representative will look at operational issues, weekend days in July and August, traffic, etc.

8. Old/New Business (90:00)
OLD BUSINESS:
Mr. Davis asked if there were a date set for the consideration of new appointees to the Conservation Commission. Ms. Kane stated that there is one application, and the Board wanted to wait until the deadline to consider all applications. Mr. Guzinski said it could be as early as February 21st or early March.
Mr. Davis asked if there was anything regarding an advertisement for the old elementary school. Mr. Guzinski talked with Mr. Cundiff and he is working on it.

NEW BUSINESS:
Mr. Bonin brought up the idea of doing an award to reward townspeople that help in the Town. Mr. Bonin would like to recognize people who go above and beyond to serve the town. He would like the Board to consider if the idea has value, how would the nominees be decided, and should it be done on a formal or an informal basis?
Mr. LaPorte feels it should be done on an annual basis, if it is to be done. Mr. Hughes said an official award is not needed. It’s our responsibility to recognize people as we see it happen and recognize it publicly.
Mr. Davis feels the award should be a noncompetitive recognition for being on a board for a number of years – gold, silver, bronze. Make it an annual presentation for recognition of service as a town employee at the Town Meeting. Mr. Bonin said it could be open for a town employee or a volunteer.
Mr. Cohen said it would be nice to recognize people who go beyond expectations. He is not sure of the best way to do so. It would be worth putting forth an effort to find out how to do it. It would be nice to thank people.
Mr. Talerman cited examples of what some other towns do. He has seen it work well at town meetings where the moderator makes a presentation at the start of the meeting.

9. Executive Session – Litigation/Real estate: (98:24)
Mr. Hughes made a motion at 8:40 PM to go into Executive Session for the purpose of litigation and real estate and to return to regular session for the purpose of adjournment. Mr. LaPorte seconded the motion.
Roll Call Vote: Tim Bonin – Aye, Hal Davis – Aye, Mitch Cohen – Aye, Jeffrey LaPorte – Aye, Mike Hughes - Aye.
Mr. Hughes made a motion at 8:40 PM to return to regular session for the purpose of adjournment. Mr. LaPorte seconded the motion. Roll Call Vote: Tim Bonin – Aye, Hal Davis – Aye, Mitch Cohen – Aye, Jeffrey LaPorte – Aye, Mike Hughes - Aye.

10. Adjournment
Mr. Hughes made a motion to adjourn the meeting at 8:42 PM. Mr. LaPorte seconded the motion. All – Aye.

Respectfully submitted,


Mary Wright
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