BOS - August 11, 2015

BOS - August 11, 2015

Postby Suzanne Kane » Thu Aug 06, 2015 1:20 pm

Board of Selectmen
Agenda
August 11, 2015
Municipal Center Resource Room

7:00 PM

• Call to Order
• Pledge of Allegiance
• Chairman’s Announcements
• Citizen’s Forum

1. Sokol Club License Discussion

7:30 PM
2. ZBA Alternate Opening – Interview & Appointment

7:45 PM
3. Pole Petition, Plan # 19321174 Mumford Street

4. Deeds for Old Carriage Lane and Cobblestone Lane

5. Discussion – Regionalize Schools

6. Minutes: July 28, 2015, July 28, 2015 Exec Session

7. Administrator’s Report

8. Old/New Business

9. Adjournment
______________________________________________________________________________________________
Future Agenda Items:

Sept:
Joint Meeting w/School Committee and FinCom

TBD: Govt Study Discussion; Update Master Plan; Housing Plan/Housing Authority
______________________________________________________________________________________________
______________________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
August 11, 2015
Approved September 8, 2015


Call to Order

Mr. Hughes called the Board of Selectmen (BOS) meeting to order at 7:03 PM in the Resource Room of the Municipal Center.

ATTENDANCE:
Board: Mike Hughes (Chairman), Tim Bonin, Hal Davis, David Cortese, Kevin Morse (Vice Chairman), Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant)
Zoning Board of Appeals (ZBA): John Bombara, Leonard Demers, Michael Fitzpatrick, Pamela Holmes
Sokol Club: Randy Manyak (Manager), Jay Yacino (Pres.-Board of Directors)
Other Staff and Citizens: Adelle Reynolds (Building Commissioner), Fire Chief Kent Vinson, Michael Fraser (National Grid), Colin Haire, Ross Smith, Louis Tusino, Scott Yacino

• Pledge of Allegiance (00:08)

• Chairman’s Announcements (00:30)
There were no announcements.

• Citizen’s Forum (00:33)
In the packet is information regarding a pedestrian crossing sign.
Leonard Demers of 114 Yew Street joined the meeting. He stated that several Saturday mornings ago while trying to cross Main Street, he was almost struck by a Carlino Lawnscaping vehicle. He stated that not many vehicles travel the 25 mph speed limit. He said that it is especially a problem during the farmers’ market and when the farmers’ market and a book sale are occurring at the same time. He suggested placing $65 placards stating “Yield to Pedestrians” in the street. He distributed information on the signs.
Mr. Guzinski stated that placing speed bumps on Main Street is an issue because it is a State road, however he can look into that issue again. He stated that signs tend to be run over by trucks, but he can speak with the Chief of Police and the Highway Superintendent and ask them to come in to the next meeting.
Mr. Morse stated that the Police budget is down to the bare bones and he does not see the Town being able to pull an officer for traffic detail downtown.
Mr. Bonin stated that he, Mr. Guzinski, John Furno, and Police Chief Foley are going to meet next week to walk the route and discuss traffic options.

1. Sokol Club License Discussion (05:54)
In the packet are memos and emails from Suzanne Kane, copies of the Sokol Club’s liquor and entertainment licenses, articles and advertisements, related ABCC and MGL regulations, and other related materials.
Mr. Manyak and Mr. Jay Yacino joined the meeting to discuss the licenses and regulations related to a July 18, 2015 event at the Sokol Club that was advertised. Ms. Kane stated that advertising opens an event to the general public, however the Sokol Club is not allowed to be open to the general public; it is against the law and the liquor license’s Rules and Regulations. The second issue relates to the entertainment license. The Club is supposed to notify the BOS seven days prior to any entertainment. If the entertainment is a private function, that does not fall under the entertainment license. The event was open to the general public. A discussion was held.
Mr. Manyak stated that the Douglas HS Band Boosters asked the Sokol Club if they could rent their hall for a spaghetti dinner fundraiser with a band for entertainment and dancing. The Sokol Club donated the rental hall fees. Mr. Manyak did not know that this would fall under the Sokol Club’s entertainment license as they were not the ones holding and running the event. Mr. Yacino stated that an active member of the Sokol Club, Scott Yacino, is also an active member of the Band Boosters. He stated that the Club is not doing anything intentionally to circumvent the requirements.
Ms. Kane stated that there was a prior event held at the Sokol Club that was advertised by another group and Ms. Kane spoke to the Club about it at that time. She has sent Mr. Manyak contact information for the ABCC.
Mr. Manyak stated that the Sokol Club is incorporated as a for-profit business that supports the Sokol fraternal organization, which is nonprofit. Ms. Kane stated that they have a club license. Mr. Manyak stated that a club license offers no value for them “..and creates a lot of restrictions and a lot of confusion that they are trying to circumvent…”and they are considering going for a public license. He said that he did contact the ABCC about this event and he was told that if a Sokol Club member was involved in the organization running the event, then the people attending would be considered guests.
Mr. Morse recommended they change their license. Mr. Hughes agreed. Ms. Kane stated that the club license is for an establishment that has private members, as the Sokol Club has. Mr. Manyak stated that the Club has begun the process of changing their liquor license. They are not looking to change their entertainment license. Ms. Kane stated that once the license is changed, they will have to get a Common Victualler’s License. A discussion was held.
Mr. Hughes stated that until the liquor license is changed, the Sokol Club is operating under a club license and advertising events to the public is not allowed under any conditions. Mr. Manyak stated that “…the doors of our hall will be closed until we have the liquor license resolved.”
Ms. Reynolds advised that if the Sokol Club is no longer nonprofit, is open to the public and is no longer a private organization, their exception to the sprinkler law may be voided. Mr. Manyak clarified that their entertainment license would still be a club license and they are not looking to change their capacity. A discussion was held.
Mr. Scott Yacino clarified the advertising for the July 18, 2015 event. Band Boosters tried to cast a wide net and they were aware of the limit on the number of people allowed at the event. The best way to do that was to sell tickets. He stated there were 50-55 people in attendance. He knew everyone there and they were advertising specifically to people associated with the music family. People would not be able to walk in off the street and attend the event.
Mr. Guzinski recommended that the officers of the Sokol Club meet with Town officials, the Fire Chief and Building Commissioner, to resolve the issues. Mr. Manyak agreed.
Ms. Reynolds presented a letter that she and Chief Vinson wrote before the July 18, 2015 event dealing with processes that have been in place for several years that have not been followed.
Mr. Manyak and Mr. Jay Yacino left the table.

2. 7:40 PM ZBA Alternate Opening (35:00)
In the packet are two applications, a recommendation from the ZBA and related materials.
Ms. Kane presented the two applications: one for Ross Smith and one for Louis Tusino. Mr. Smith joined the meeting to speak about his interest in the position. He does not have any matters currently before the ZBA. He is aware of the role of Alternate. He expressed interest in becoming a full member should the opportunity arise. Mr. Fitzpatrick described his role as the current Alternate on the ZBA. Mr. Smith left the table
Mr. Tusino joined the meeting and, as Mr. Smith had done, spoke about his interest in the position. He does not foresee any conflicts of interest He feels he can look out for the Town’s interests 100%. Mr. Davis spoke in favor of Mr. Tusino and his experience. Mr. Tusino left the table.
Mr. Hughes stated that the ZBA voted to support Mr. Smith. A discussion was held. Ms. Holmes reviewed some of Town of Douglas’ policies and reminded the BOS that appointments should “…avoid political patronage by judging all candidates on merit, experience and qualifications only.”
Mr. Davis made a motion to appoint Louis Tusino as an Alternate Member on the ZBA for a term ending June 30, 2018. Mr. Bonin seconded the motion. Aye-3, No-2 (Mr. Hughes and Mr. Cortese opposed).

3. 8:00 PM Pole Petition, Plan #19321174, Mumford Street (55:59)
In the packet is a pole petition, photographs, maps and related materials.
Ms. Kane presented the petition. It was received late and she did not have time to notify abutters seven days prior to this meeting. She did send a letter out. All but two abutters received the letters. The Conservation Commission, Police Chief, and Tree Warden have no issues. The Highway Superintendent asked that National Grid mark the area because of underground drainage. Ms. Kane stated that the contractor has said that one abutter across the street has an issue with the proposed location. Ms. Kane asked the BOS that if they do approve this pole petition, to do so contingent upon getting feedback from all the abutters on an agreeable alternative to the pole location.
Mr. Hughes opened the public hearing.
Mr. Fraser stated that there have been changes. He stated that the changes are no longer on Town property. Instead of installing a pole between existing poles #36 and #37, National Grid will be coming off existing pole #36 and moving the second pole to the other side of the driveway on private property.
Mr. Haire stated that the pole will be on private property.

A recess was held from 8:05 PM to 8:12 PM.

4. Deeds for Old Carriage Lane and Cobblestone Lane (62:33)
In the packet is a deed and related Exhibits and materials.
Mr. Guzinski stated that this item is from the street acceptance article from the recent Annual Town meeting.
Mr. Morse made a motion to accept the deed for Old Carriage Lane, a portion of Cobblestone Lane, a portion of Meetinghouse Lane and associated easements per Town Meeting approval of such an acceptance. Mr. Cortese seconded the motion. All-Aye.

5. Discussion-Regionalize Schools (63:37)
Electronic files were emailed to each Board member and saved on the server for future use.
Mr. Morse stated that he reached out to Sen. Fattman’s office to help collect data. Some of the information he has learned is as follows: Pilot funding is almost double for a regionalized school district vs. a public school district, the State is putting funds towards offsetting exorbitant transportation fees, and administrative costs are level-set. There is a commission that would sit down with towns interested in forming a regionalized school district to come up with a cost model. Mr. Morse stressed that Douglas’ annual revenue increases only 2.5% each year and educational costs are exceeding that exponentially. The deficit gap will continue to grow. He asked for the BOS’s support for a joint meeting with the School Committee to present this data, along with a Commissioner for the Regionalization of Schools.
Mr. Hughes suggested, and the BOS was in agreement, that this topic be on the agenda for the second meeting in September in order for the BOS to have more time to review the information and to see if the School Committee is interested in meeting on the subject. Mr. Guzinski will send the information to the School Committee. The Finance Committee will also be invited to attend.

6. Approval of the Minutes (74:53)
July 28, 2015: Mr. Morse made a motion to approve the minutes of the July 28, 2015 Board of Selectmen meeting as presented. Seconded by Mr. Cortese. All-Aye.
July 28, 2015-Executive Session: Mr. Morse made a motion to approve and retain in their entirety the minutes of the July 28, 2015 Executive Session of the Board of Selectmen meeting as presented. Seconded by Mr. Bonin. All-Aye.

7. Administrator’s Report (75:40)
Mr. Guzinski stated that the reports from Wallum Lake State Park seem to show that the new policy of closing the park when it has reached capacity is working well.

8. Old/New Business (77:04)
Old Business: There was no old business.
New Business: There was no new business.

9. Adjournment (77:18)
Mr. Morse made a motion to adjourn the meeting at 8:26 PM. Mr. Cortese seconded the motion. All – Aye.

Respectfully submitted,


Mary Wright
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