BOS - September 22, 2015

BOS - September 22, 2015

Postby Suzanne Kane » Fri Sep 18, 2015 9:31 am

Board of Selectmen
Municipal Center Resource Room
September 22, 2015

7:00 PM

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

1. Senior Tax Workoff Program – Proposed Change – Robert Flinton

2. Special Liquor License – Octoberfest

3. Open Warrant for STM

4. Minutes – September 8, 2015

5. Administrator’s Report

6. Old / New Business

7. Executive Session – Collective Bargaining

8. Adjournment
Future Agenda Items:

Joint Meeting w/School Committee and FinCom

TBD: Govt Study Discussion; Update Master Plan; Housing Plan/Housing Authority
September 22, 2015
Approved October 20, 2015

Call to Order

Mr. Hughes called the Board of Selectmen (BOS) meeting to order at 7:00 PM in the Resource Room of the Municipal Center.

Board: Mike Hughes (Chairman), Tim Bonin (Absent-Excused), Hal Davis (Absent-Excused), David Cortese, Kevin Morse (Vice Chairman), Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant)
Octoberfest Committee: Tony St. Pierre (Chair), Mary St. Pierre
Other Staff and Citizens: Judy Barlow, Iain Babeu, William Cronin,

• Pledge of Allegiance (00:10)

• Chairman’s Announcements (00:27)
There were no announcements.

• Citizen’s Forum (00:29)
No citizens came forward.

1. Senior Tax Workoff Program (00:36)
In the packet is a letter from Robert Flinton dated August 10, 2015, a copy of Chapter 59, Section 5K and other related materials.
Mr. Guzinski stated that he received a letter from Mr. Flinton requesting that the BOS consider accepting a State statute in regards to the Senior Tax Workoff Program. Currently, there is a cap of $750/year/participant. The change in State law would set the cap on the number of hours that could be worked at 125/year, not on the dollar amount able to be earned. Credit is based on minimum wage. Town Meeting acceptance is required. Mr. Flinton was not able to attend tonight’s meeting.
This item will be discussed at the next meeting.

2. Special Liquor License – Octoberfest (02:37)
In the packet is a General License Application, a copy of the insurance declarations page, a letter from the Historical Society, a letter from Amanda Cronin dated September 17, 2015 and related materials.
Ms. Kane stated that the Octoberfest Committee is requesting a one day license to sell beer at Octoberfest. The Octoberfest Committee received permission from the Jenckes Store. The Committee purchased liability insurance through MIIA (MA Interlocal Insurance Association), adding the Historical Society as additional insured. Ms. Kane has a certificate showing that one of the bartenders is tip certified. She asked that if the BOS approves the license, they do so for October 2, 2015 – October 4, 2015. Alcohol would only be able to be sold on October 3, 2015 from 10:00 AM – 4:00 PM. The area will be a 58’ x 56’ roped off area with one egress with a 20 ‘x 40’ tent with tables. Consumption will be contained to that area. The area will be on the property of the Historical Society. There is usually a $25 fee for a one day license. Ms. Kane notified abutters as a courtesy.
Judy Barlow, 3 Depot Street would like to see a drawing, to scale, of the proposed area. She has a problem with liquor being served within 10 feet of ground floor apartment windows. Ms. Kane stated that a plan, not to scale, was included in the letter to abutters. Mr. St. Pierre stated that they will be on the other side of the retaining wall.
Iain Babeu, 3 Depot Street stated that, according to the Assessor’s map, the distance from the building to the property line is only 54’ from the wall. The area being used for the tent is the property of the Jenckes Store, which belongs to the Historical Society. Ms. Kane outlined the requirements for a regular liquor license.
Ms. Barlow asked if something could be done to keep patrons away from the wall. Mr. St. Pierre stated that they will be roping off the entire area. There will be ropes inside the wall. Ms. Barlow also asked about the accessibility of the portable toilets. Mr. St. Pierre stated that he has that worked out.
William Cronin, 3 Depot Street stated that the consensus of the residents of 3 Depot Street is that they do not feel a beer garden next to a residential property’s side yard is appropriate. They feel it is a personal property rights infringement to all the individuals in the building. If the license is approved, they feel a screen or other visual barrier should be provided. Mr. Cronin feels the tables are too close to where 3 Depot Street residents park their cars. He would like to hear how the issue of access to 3 and 5 Depot Street was going to be addressed. Traditionally on Octoberfest, Depot Street is closed to through traffic, but not to residents. A stage at the end of the street poses a new problem to access. At one time, Chief Patrick Foley had said he would make parking available at the end of Pleasant Street.
Mr. Morse stated that the parking issue should be brought up to Chief Foley and the Highway Department. Mr. Guzinski will speak with both tomorrow to be sure they are aware that there may need to be pedestrian control. He was unaware of parking concerns. Mr. Cronin reviewed his history of trying to resolve the parking issue. Mr. St. Pierre stated that they are not putting up a stage that will block residents from leaving. The residents will be able to park in their own driveway and come and go as they please, providing caution to pedestrians.
Mr. Babeu asked that the issues addressed in his wife’s certified letter to the BOS be addressed by the Board. Mr. Hughes stated that they received the letter. Mr. Guzinski stated that it is up to the police chief to determine the priority placement of officers. Mr. Babeu read the requests in the letter: an enclosed tent, a paid detail officer to be present from one hour before the sale of alcohol to one hour after the sale of alcohol and bathroom facilities – one unit per 100 Octoberfest participants.
Mr. St. Pierre would rather have an open tent so that the activity is visible and easier to supervise. Mr. Morse stated that a police detail is moderately addressed by the fact that the Town has acknowledged that police details will be there, just not specific to the beer garden. Mr. St. Pierre stated that they will provide three portable toilets, one of which will be handicap accessible.
Mr. Cronin stated that the participants frequently use the retaining wall as a dining spot. It is private property. Mr. Hughes stated that the Town has no control over the actions of the patrons. Mr. Guzinski stated that none of the Octoberfest events are happening on private property. If a person goes on to private property and something happens it is a separate, legal issue between the person and the property owner.
Mr. Cortese made a motion to approve the Special Liquor License as presented. Mr. Morse seconded the motion. All-Aye.
Mr. Morse stated that he feels that Mr. St. Pierre, the Octoberfest Committee and the Town have taken all reasonable measures to ensure that this is a successful, safe event.
Mr. Babeu reiterated that there is only 54’ between the building and the property line. Mr. Guzinski asked that the Octoberfest Committee be certain they are within the property lines when they are laying out the ropes.
Mr. Morse made a motion to waive the fee $25 on behalf of the Octoberfest Committee for the Special Liquor License. Mr. Cortese seconded the motion. All-Aye.

3. Open Warrant for Special Town Meeting (STM) (33:23)
Mr. Guzinski recommended that the BOS open the warrant for the STM to be held at 7:00 PM on Monday, November 16, 2015 and close the warrant effective Thursday, October 8, 2015.
Mr. Morse made a motion to open the warrant for the Special Town Meeting on November 16, 2015 at 7:00 PM and close the warrant effective October 8, 2015. Mr. Cortese seconded the motion. All-Aye.
Mr. Guzinski has confirmed that the Town Clerk and Town Moderator are available for November 16, 2015.

4. Approval of the Minutes (34:03)
September 8, 2015: Mr. Morse made a motion to approve the minutes of the September 8, 2015 Board of Selectmen meeting as presented. Seconded by Mr. Cortese. All-Aye.

5. Administrator’s Report (34:24)
Mr. Guzinski stated that they have settled the school water infiltration claim with Travelers. They have received full payment for all that they requested, with the exception of the deductible. They are nearing the point where they should be able to close out the school building project within the next three to four months.
Mr. Guzinski attended a meeting last week in Uxbridge with the Lieutenant Governor, State Reps. McKenna and Kuros and approximately 20 other officials, to talk about the Community Compact program that the Baker administration has rolled out. It is a grant program for initiatives that towns can undertake to try to improve their operations. Mr. Guzinski will consult with various department heads and will be applying for some of those grants. The Town can earn points towards applying for larger grants.
Selectman Bonin was also at the meeting. He informed the Lt. Governor of their concerns with the pilot funding formula and the diminishing support of the State’s Local Aid.

6. Old/New Business (37:31)
Old Business: Mr. Guzinski forwarded the information gathered by Mr. Morse on regionalizing the schools to the School Committee. The School Committee will be bringing the item up for discussion at their October meeting.
New Business: There was no new business.

7. Executive Session – Collective Bargaining (38:18)
Mr. Morse made a motion at 7:40 PM to go into Executive Session for the purpose of collective bargaining and to return to regular session for the purpose of adjournment. Mr. Cortese seconded the motion. Roll Call Vote: Dave Cortese – Aye, Mike Hughes – Aye, Kevin Morse – Aye. The meeting was moved to the Board of Selectman’s office and reconvened at 7:49 PM.
Mr. Morse made a motion at 8:05 PM to return to regular session for the purpose of adjournment. Mr. Cortese seconded the motion. Roll Call Vote: Dave Cortese – Aye, Mike Hughes – Aye, Kevin Morse – Aye.

8. Adjournment (38:33)
Mr. Cortese made a motion to adjourn the meeting at 8:05 PM. Mr. Morse seconded the motion. All – Aye.

Respectfully submitted,

Mary Wright
Recording Secretary
Suzanne Kane
Posts: 617
Joined: Wed May 25, 2005 2:01 pm

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