BOARD OF SELECTMEN
TUESDAY, JANUARY 27, 2004
The regular meeting of the Monson Board of Selectmen convened at 7:00 p.m. In attendance were Richard E. Guertin, James R. Manning and Kathleen C. Norbut. Also present were Town Counsel, the Town Administrator and the media.
Ms. Norbut made a motion to accept the minutes of January 13, 2004 - open and executive sessions and December 9, 2003 - executive session. Mr. Manning seconded and it was so VOTED.
At 7:05 p.m. a public hearing was held regarding an application for the transfer of the Retail Package All Alcoholic Beverage License from B.L.A. Inc. a/k/a Main Street Liquors to Peter Lepoer. Paul Lapenas, the current owner and Mr. Lepoer approached the Board of Selectmen. It was confirmed that all of the abutters had been notified. Mr. Lepoer explained his CORI report to the Board of Selectmen. It was established that Mr. Lepoer has had no alcohol business background and has not attended any courses such as the T.I.P.S. course. Mr. Lapenas said he felt this course would be of benefit to Mr. Lepoer and added his policy is to have every employee, full-time as well as part-time, attend the T.I.P.S course. Mr. Lapenas said the most frequent situation he has had at his store is with the under-aged rather than the people who
have already consumed too much. Mr. Lapenas will stay on to assist Mr. Lepoer for a couple of weeks to observe and check licenses and I.D.’s for both the sales of cigarettes and liquor. Mr. Lepoer said he plans to keep the store the same as it is with very little change or renovation. Mr. Albano said a pledge agreement must be in place and filed with the Board of Selectmen and forwarded to the ABCC. Mr. Albano also had a question on Form A and Schedule C was also missing. Tom Faulkner of 23 Main Street, an abutter, questioned the parking and wanted Mr. Lepoer to note where the boundary pins are located on his property as he might be placing his property on the market and a chain link fence might be installed. There were no other comments from anyone in the audience. Ms. Norbut made a motion to approve the application for the transfer of the Retail Package All Alcoholic Beverage License from B.L. A. Inc. to Peter Lepoer contingent upon Schedule C being
completed and forwarded to Ms. Neggers. Mr. Lepoer will also complete the pledge agreement suggested by Mr. Albano prior to the application being forwarded to Boston. Mr. Manning seconded and it was so VOTED. The motion was amended to include the attendance at the T.I.P.’s training course and to provide documentation. The hearing was closed at 7:20 p.m.
Highway Surveyor, John Morrell, and Police Chief McKenzie approached the Board of Selectmen for a discussion regarding a request for a “STOP” sign at the intersection of Bliss and Oak Streets. Mr. Morrell described this intersection and stated after reviewing this with Chief McKenzie they recommend replacing the current “YIELD” sign with the proper “YIELD” sign, which he has ordered, and leaving this intersection as it is. Mr. Morrell said this sign could be seen four hundred feet away and showed pictures to the Board of Selectmen. Mr. Morrell noted there hasn’t been any incidents at this intersection, only a near incident. Mr. Morrell read part of the law regarding “STOP” signs into the record. Mr. Morrell said the best scenario would be to change the “Y” in the road to a “T” but this would cost several thousand dollars and would make more sense after the completion of the Lower Hampden Road project if funding is available. There is no history of any accidents at this
intersection. The letter received from Mr. and Mrs. Reed stated a car did not stop at the yield sign and just missed hitting them. Chief McKenzie agreed with Mr. Morrell and added it is just a matter of people obeying signs. Chief McKenzie said this sign could be seen hundreds of feet away and is clearly visible. Chief McKenzie added people must realize that sometimes “YIELD” means, “STOP”. The Board of Selectmen agreed to go with Mr. Morrell and Chief McKenzie’s recommendation and to leave the intersection as it is, and to have Mr. Morrell replace the current “YIELD” sign with the new sign when it comes in. Ms. Neggers will send a letter to Mr. and Mrs. Reed explaining the outcome of the analysis and the action being taken, including increase in enforcement and the replacement of the sign.
A public hearing was held at 7:30 p.m. regarding an application for a new All Alcoholic Beverage License for Ramadon Enterprises, Inc. Attorney Fred McCoy, Linda Hodgdon and Stephen Marhelewicz, who has Power of Attorney for Charles Ramadon, approached the Board of Selectmen. Mr. McCoy said since 1996
CJ’s has been operating under Mi-Jen Enterprises; Inc. Mi-Jen has filed Chapter 11 protection in 2002 and then went to a Chapter 7 due to the septic problems. They are now re-organizing. The original operating entities from 1983 to 1996 was Ramadon Enterprises, Inc. Mr. McCoy said the septic tanks are being pumped daily. Ms. Neggers said her understanding is the DEP has mandated them to operate a tight tank system requiring them to empty it as it is used. They have facilitated buying their own pump truck in order to make it feasible to continue to operate at that location. Mr. Albano said Mr. Ramadon should be listed as a stockholder. Mr. McCoy said he would be happy to amend the application to reflect that Mr. Ramadon was a prior stockholder in a prior liquor license prior to Mi-Jen Enterprises when it was
Ramadon Enterprises, Inc. on Form 14C. Mr. Albano stated once this has been amended on the application, everything else appears to be in order. There was no one in the audience to speak in favor of or against this application. Ms. Norbut made a motion to approve the application for the new All Alcoholic Beverage License for Ramadon Enterprises, Inc. as submitted and amended. Mr. Manning seconded and it was so VOTED. The hearing was closed at 7:48 p.m.
The last item on the agenda was the Right of First Refusal for Lot 9 on Longview Drive. Mr. Kolowrat formerly owned this property. Ms. Neggers said all town references indicate this has been done. Attorney Barry had issues that this wasn’t released properly and is therefore doing this again. Ms. Norbut made a motion to approve the release of the right of first refusal on the 61A, tax lien filed in Book 2103 page 129 on the estate of Henry Kolowrat. Mr. Manning seconded and it was so VOTED.
In other business to come before the Board of Selectmen, Ms. Neggers said an additional $50,000 was approved last night by the Finance Committee on deficit Snow and Ice removal. This is the second authorization bringing the total to $100,000.00 for deficit spending for snow and ice removal for the currant fiscal year. There is about $1,700.00 remaining in the prior authorization and approximately $9,000.00 in bills accrued. Mr. Morrell said we are still ahead of last year where $350,000.00 was spent. Ms. Neggers added the state and federal government has released emergency funding for the December storm and Mr. Morrell is attending the MEMA sessions to find out how to file for that reimbursement. Ms. Norbut made a motion to approve the expenditure of funds for the Highway Department in the amount of $50,000.00 for
snow and ice removal. Mr. Manning seconded and it was so VOTED.
Chief McKenzie publicly thanked the Board of Selectmen and all the residents of the town for all of the support they have shown the Police Department over the past week in regards to the loss of one of their officers. It is deeply appreciated.
Correspondence was read and completed.
At 8:00 p.m. Mrs. Norbut made a motion to adjourn from open session to go into executive session for the purpose of discussing contractual issues, not to return to open session. Mr. Manning seconded and it was so VOTED.
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Kathleen C. Norbut, Clerk
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