BOS - June 15, 2010

BOS - June 15, 2010

Postby Suzanne Kane » Thu Jun 10, 2010 6:27 am

Board of Selectmen
Agenda
June 15, 2010

7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

7:05 pm
1. Common Victuallers License – Main St. Creamery

7:10 pm
2. Special One Day License – Request to waive

3. NE Main Fence Discussion

7:30 pm
4. Douglas Wood’s Project Update – Rod Jané

5. Award School Designer Contract

6. Whitin Reservoir Watershed District - BOS Representative

7. Annual Appointments

8. Minutes – June 1, 2010; June 1, 2010 Exec. Session

9. Administrator’s Report

10. Old / New Business

11. Executive Session – Litigation/Collective Bargaining

12. Adjournment
________________________________________________________________________________
Future Agenda Items:

• July 13th:
Guard Rail

• TBD: Policies; Fire Study; EDC; Update Master Plan;
________________________________________________________________________________
________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
JUNE 15, 2010
Approved July 13, 2010

• Call to Order

Mr. Hughes called the meeting to order at 7:00 PM in the Municipal Center Resource Room.
ATTENDENCE:
Board: Michael Hughes (Chairman), Paula Brouillette, Mitch Cohen, Jeffrey LaPorte, Tim Bonin, Michael Guzinski (Executive Administrator).
Other Staff and Citizens: Adelle Reynolds (Building Commissioner), Rod Jané (America Pro Wind),Chief Don Gonynor, Attorney Ed Taipale, Peter Brady, Eric Burke, Liesl Martin, Nicole Robbins, Susan Spencer (T&G), Mike Yacino (Conservation Committee), Tom Mattson (Tribune).
ABSENT: Suzanne Kane (Administrative Assistant).

• Chairman’s Announcements
Mr. Hughes noted that the Police Department has won another award due to their participation in the Mass Law Enforcement Challenge. They won the Silver Category for Highway Safety. Congratulations to the Police Department for the great work they do.

• Citizen’s Forum
No citizen’s came forward.

1. Common Victuallers License – Main St. Creamery
(After Item 8 due to time)
In the agenda is a memo from Ms. Kane dated June 10, 2010, an Application for License, Workers’ Compensation Affidavit, Department of Revenue Enforcement and Protection Attestation, Fire Department Inspection Report, Emergency Contact Information, and memos from: Pam Carter, Chief Foley, Chief Gonynor, Adelle Reynolds, and Marleen Bacon, in addition there is a copy of the Common Victualler’s License.
Mr. Guzinski discussed the request for a Common Victuallers License for Main Street Creamery. Ms. Adelle Reynolds noted that there is a final electrical inspection that still needs to be done. Ms. Brouillette made a motion to approve the Common Victuallers License for Main Street Creamery contingent upon final inspection from the Building Commissioner. Mr. Bonin seconded the motion. All – Aye.

2. Special One Day License – Request to Waive
In the agenda is a memo from Ms. Kane dated June 10, 2010, a copy of MGL Chapter 138 Sections 14 and 41, a letter from Liesl Martin dated June 7, 2010, General License Application, Certification of Liability Insurance, letters from: Maria Bryant dated June 7, 2010, John Creedon dated June 10, 2010, memos from: Adelle Reynolds, Chief Gonynor and Chief Foley and a copy of the letter posted on the Mansion in the Woods website.
Mr. Guzinski discussed the request to serve beer and wine on specific dates and to waive a Special One Day License. Ms. Reynolds and Chief Gonynor joined the meeting. Ms. Reynolds and Chief Gonynor discussed concerns regarding the use of the site and the amount of people to be in attendance. Ms. Reynolds suggests a meeting be held with appropriate individuals including herself, the owners, Chief Gonynor, Police Chief, Board of Health, etc. to discuss these concerns and come to some resolution. Attorney Ed Taipale representing Mr. and Mrs. Brady joined the meeting. He gave some background on the intent of use. He noted that in the next 8 weeks there are three events planned for June 26, July 2 and July 17, 2010 for weddings and family reunions. Discussion held. Mr. Burke from the audience indicates he has an event planned for September 11, 2010 notes concern on whether a waiver would be granted for that event. Board members indicate that it is their hope that all the information would be available for the next Board Meeting and a resolution on how to precede on a more permanent basis would be made. Mr. Cohen made a motion to grant waivers for events to be held at the property in question for liquor license for the weekend of June 25, 2010, the weekend of July 2, and on approximately July 17, 2010, with the conditions that any restrictions and/or requirements placed by the Building Commissioner, Fire Chief, Police Chief and Board of Health. Mr. LaPorte seconded the motion. Ms. Brouillette noted concern regarding the safety issue of having the amount of people in a building that may not meet the code for that. Mr. Cohen encourages staff to consider what needs to be in place at the event in order to make it a safe activity. Vote: All – Aye.

3. NE Main Fence Discussion
In the agenda is a memo from Ms. Kane dated June 10, 2010.
Mr. Guzinski gave a background history and update on the status of the NE Main fence. Board members noted concerns of Town relinquishing liability on this property as well as the precedent it sets. Ms. Robbins’ father noted some objection to the concern that the liability that would be relinquished. Ms. Robbins feels a precedent was set in the earlier discussion. Mr. LaPorte notes his support of allowing the fence. Discussion held. Mr. Bonin made a motion to not allow Ken and Nicole Robbins to put up the fence discussed at this meeting and two meetings prior. Ms. Brouillette seconded the motion. Further discussion held. Mr. Cohen suggested having the Town staff review the property lines of this property. Board members agreed that this could be done. All – Aye with the exception of Mr. LaPorte who voted No.

4. Douglas Wood’s Project Update – Rod Jané
Mr. Rod Jané joined the meeting to give an update on the Douglas Wood’s Project. Areas noted include: 12 month on site data collection completed, a bankable wind energy assessment will be done once the zoning issue is resolved, Site Plan Application was submitted to the Planning Board today and a notice of the Public Hearing on June 29, 2010 will be published today and the abutter mailing will also go out today, a long term power purchase agreement has been secured that will be announced shortly, a request has been submitted for interconnection with the power grid and a system impact study will be done after zoning issue resolved, on June 8th the Planning Board unanimously recommended the adoption of the amendment to the Wind Zoning Bylaw to go before the June 21st Town Meeting, request that the Board of Selectmen consider a vote of support of the amendment. Some discussion held.
It was noted that there is a request to delay a TIF payment of $15,000 scheduled for June 15, 2010. Mr. Jané indicated that American Pro Wind has committed to getting that payment to the Town by June 25, 2010. He noted that funds have been put on hold due to pending resolution of the zoning issue. Board members noted disappointment regarding this delay of payment. Mr. Jané will bring these comments back to the developer and ask if anything can be done about this. He noted the Site Plan Review 53G account has been funded with a couple thousand dollars for site plan review consulting. Mr. Cohen noted that the $15,000 payment was meant as a reimbursement to the Town for the cost of negotiating the contract. In addition, he noted that he had hoped to report at Town Meeting that this contribution had taken place as agreed. Mr. Jané supports this and will relay to the developer. He will get back to Mr. Guzinski and Mr. Hughes with the outcome.
Ms. Brouillette questions work that is to be completed by the end of the year. Mr. Jané discussed the process of how this can be addressed. Ms. Brouillette suggested further update on progress at the July 13, 2010 Board Meeting.
• Douglas Wood’s Project Update – Rod Jané (Continued)
Mr. Jané joined the meeting again after item 5 and indicated that he has called the developer and indicated the concerns of the Board. A check in the amount of $15,000 will be overnighted. Board notes appreciation of the prompt resolution.

5. Award School Designer Contract
In the agenda is a copy of a memo from Ms. Kane dated June 10, 2010.
Mr. Guzinski discussed the School Designer Contract with DiNisco. Town Counsel has reviewed and approved this contract. Some discussion held. Mr. Cohen made a motion to approve the contract with DiNisco as presented and to authorize the Chairman to execute. Ms. Brouillette seconded the motion. All – Aye.


6. Whitin Reservoir Watershed District – BOS Representative
Mr. Hughes noted he is resigning as the BOS representative on the Board of the Whitin Reservoir Watershed District. Mr. LaPorte volunteers for the position. Mr. Cohen made a motion to approve Mr. LaPorte as the BOS representative on the Board of the Whitin Reservoir Watershed District. Ms. Brouillette seconded the motion. All – Aye.

7. Annual Appointments
In the agenda is a memo from Ms. Kane dated June 10, 2010 including the Annual Appointments for FY11.
Mr. Guzinski discussed the Annual Appointments for FY11. Mr. Bonin indicated that it is his desire to meet with the Conservation Commission to discuss the storm water management and therefore asks that the Board table those appointments for now. Discussion held. Mr. Hughes felt that concerns regarding the storm water management can be addressed by a joint meeting with Conservation Commission but that it is a separate issue from committee appointment. Ms. Brouillette made a motion to reappoint those as recommended on Annual Appointments for FY11. Mr. Cohen seconded the motion. All – Aye. Mr. Hughes noted that appointments will still have to be made for the associate members for the Planning Board.

8. Minutes – June 1, 2010; June 1, 2010 Exec. Session
(After Citizen’s Forum due to time)
June 1, 2010: The June 1 Meeting Minutes were tabled until the next meeting.
June 1, 2010 Exec. Session: Mr. Bonin made a motion to approve and retain the minutes of the June 1, 2010 Executive Session. Mr. Cohen seconded the motion. All – Aye.

9. Administrator’s Report
(After Item 7 due to time)
In the agenda are copies of memos from Christie Howe dated June 9 and 10, 2010 and a copy of the Mass CEC Wind Announcement.
Mr. Guzinski noted that the Clean Energy Center has approved the application for an $85,000 grant for a wind energy study at the High School site. Work will move forward with that process and an update will be given at the next meeting.
Mr. Guzinski noted that the School Building Committee has requested that the Board appoint a new member to the Committee. Damian Sugrue will be leaving the district on June 30, 2010and Beverly Bachelder will be coming on as the principal at the Intermediate/Elementary School. MSBA regulations indicate that the principal of that school serve on the Committee. Ms. Brouillette made a motion to appoint Beverly Bachelder to the School Building Committee as of July 1, 2010. Mr. Cohen seconded the motion. All – Aye.
Mr. Guzinski noted that as part of the Town Meeting next week there are two articles. For the Wind Energy Bylaw amendment, the Planning Board will read the motion and give a report. The second article, the transfer from free cash the sum of $163,324 to the snow and ice account, will need to be read by a member of the Board of Selectmen. Ms. Brouillette volunteers to read the motion.
Mr. Yacino, Conservation Commission indicates that the Commission has not been told that they have before them any more storm water management issues. He would like to know if it is the intent of this Board to send back to the Commission for further review. Mr. Hughes indicated that the Board needs to have a discussion on how to proceed. Mr. Yacino thanked the Board for the citation presented to Ms. Dube from the Board of Selectmen at the Conservation Site Dedication.

10. Old/New Business
Mr. Cohen noted that Representative Kujawski was present at the MSBA Kick Off today and sent a letter to the FY11 Conference Committee on his support for the Health Care design plan.

11. Executive Session – Litigation/Collective Bargaining
Mr. Cohen made a motion to go into Executive Session at 8:53 pm for the purpose of Litigation/Collective Bargaining and to return to regular session for the purpose of adjournment. Ms. Brouillette seconded the motion. Roll Call Vote: Mitch Cohen – aye, Paula Brouillette – aye, Michael Hughes – aye, Tim Bonin – aye, Jeffrey LaPorte - aye.

Mr. Cohen made a motion to come out of Executive Session at 9:27 pm for the purpose of adjournment. Ms. Brouillette seconded the motion. Roll Call Vote: Mitch Cohen – aye, Paula Brouillette – aye, Michael Hughes – aye, Tim Bonin – aye, Jeffrey LaPorte - aye.

12. Adjournment:
Mr. LaPorte made a motion to adjourn at 9:27 pm. Paula Brouillette seconded the motion. All – aye.


Respectfully submitted,


Lisa Lannon
Recording Secretary
Suzanne Kane
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