MONSON BOARD OF SELECTMEN
TUESDAY, SEPTEMBER 12, 2006
The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the conference room at 110 Main Street. In attendance were Richard E. Guertin and Kathleen C. Norbut. Edward S. Harrison was not in attendance. Also present were the Town Administrator and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Ms. Norbut made a motion to accept the meeting minutes of August 29, 2006 – open and executive sessions. Mr. Guertin seconded and it was so VOTED.
Liquor License Hearing – Tenth Planet Pizza, LLC Application for an On-Premise Beer and Wine License:
Mr. Guertin opened the public hearing at 7:00 p.m. Lauren S. McIntyre approached the Board of Selectmen regarding her application for a common victualler wine and malt license for 10th Planet LLC dba 10th Planet Pizza at 130B Palmer Road. Ms. Neggers stated this hearing has been advertised, Town Counsel has reviewed the application and the abutters have been notified of the hearing. Ms. McIntyre explained herself relative to her dealings with this type of license by noting she has served liquor at the Big E and at beer festivals and feels she has had more relative training by doing this. Ms. McIntyre said two waitresses employed by her, who will be serving liquor, have attended the TIPS course and are certified, which she plans on completing as well. The hours of operation are as follows: Closed on
Monday; 4:00 p.m. to 10:00 p.m. on Tuesday, Wednesday and Thursday; 12:00 p.m. to 11:00 p.m. on Saturday and 12:00 p.m. to 9:00 p.m. on Sunday. Ms. McIntyre said she will be there most of the time.
Ms. Norbut made a motion to accept the liquor license application for 10th Planet LLC dba 10th Planet Pizza with the agreement Ms. McIntyre will be following through with taking the managers course with TIPS and notifying the Board of Selectmen when this has been completed within six months time. Mr. Guertin seconded and it was so VOTED.
The public hearing was closed at 7:10 p.m.
Friends of the Monson Free Library – Seeking One-Day Liquor License:
Sandra Courtney, representing the Friends of the Monson Free Library approached the Board of Selectmen regarding a special one day liquor license. Ms. Courtney explained they are planning the 2nd annual wine tasting benefit. This year will be the same as last year, but smaller as last year it was a little crowded. Fifty tickets will be sold at a cost of $40.00 each. This will be a fundraiser for the library.
Ms. Norbut made a motion to accept the application of the Friends of the Monson Free Library and grant a special one day liquor license for the date of October 13, 2006 at the Monson Free Library. Mr. Guertin seconded and it was so VOTED.
Erin Greene – Seeking One-Day Liquor License:
Erin Greene approached the Board of Selectmen regarding a special one day liquor license on behalf of Greene Room Productions for October 21, 2006 in Memorial Hall from 8:30 p.m. to 1:00 a.m. Tickets will be sold in advance, only to adults and only through Ms. Greene, at a cost of $20.00 each. Ms. Greene explained Monster Gala is sponsored by Greene Room Production as a benefit to raise funds for the début production of her musical “Pippin”. Monster Gala, a red carpet event for monsters, is a costume party with live music, prizes for the best costume, dancing and liquor served by Paper City Brewery. The dates for Pippin are the first three weekends in March.
Ms. Norbut made a motion to approve the application for a special one day liquor license for Erin Greene/Greene Room Productions for the date of October 21, 2006 from 8:30 p.m. to 1:00 a.m. in Memorial Hall for the purpose of a benefit to début the musical Pippin with the understanding this would be effective upon the receipt of insurance to the Board of Selectmen and that Ms. Greene will be responsible to monitor the sale of tickets to adults only and that alcohol consumption is monitored by the representatives of Paper City Brewery. Mr. Guertin seconded and it was so VOTED.
Interview Agricultural Commission Applicant – Richard Ring:
Mr. Guertin said Chuck Adams has been involved with the Agricultural Commission from the beginning and has expressed a willingness to serve on the committee as well.
Richard Ring approached the Board of Selectmen regarding his application to serve on the newly formed Agricultural Commission and spoke of his qualifications and reasons for wishing to serve in this capacity and said he saw the position on the towns’ web site. Mr. Guertin and Ms. Norbut explained to Mr. Ring the responsibilities of the Agricultural Commission and how it is to benefit the agricultural community of the town.
Ms. Norbut made a motion to appoint Chuck Adams and Richard D. Ring III to the Agricultural Commission effective immediately for three years terms. Mr. Guertin seconded and it was so VOTED.
Respond – Citizen’s Request Re: Town Collector Position:
Mr. Guertin explained a resident has requested the Board of Selectmen revisit the town collector’s position, which changed from an elected position to an appointed position following a vote at the last Town Meeting.
Robert Kaddy approached the Board of Selectmen and stated he was the resident who submitted the request. Mr. Kaddy was requesting the change in the Collector’s position, from elected to appointed, be placed on the ballot at the fall election. Mr. Kaddy contended the Massachusetts General Laws are not being followed, citing Chapter 41 Section 1B, which states, a position can change from elected to appointed after a majority vote at a Town Meeting, but also should be placed before voters on a ballot. Mr. Kaddy added this could haunt the town in three years when Ms. Jenkins’ position is up for re-election. Mr. Kaddy said he spoke with the Assistant Attorney General who said this could be cumbersome come election time. Mr. Kaddy said if this is placed on the ballot, the town could rest and there will be no
problems in the future and he urged the Board of Selectmen do this for the benefit of the community. Mr. Kaddy asked the Board of Selectmen to table this matter and revisit it at the next meeting allowing time for the Selectmen to follow up on this a bit more.
Mr. Guertin explained the town has confirmed through the Attorney General’s office as well as the Department of Revenue and the Town’s Attorney Kenneth Albano, who all agree the town’s actions were appropriate. Mr. Guertin said he respected Mr. Kaddy’s opinion, but would be hard pressed to ignore the legal advice and opinions of the Attorney General’s office, Department of Revenue and Town Counsel.
Ms. Norbut said the town spent extra time and effort as well as funds within the budget to consult with attorney’s, and added she is not in favor of spending any more of the taxpayers money on this issue.
Mr. Guertin explained at the last Town Meeting, residents overwhelmingly passed the formation of a Municipal Finance Department, which besides the change in the Collector’s position, changes the Town Accountant’s position to a full-time department head, overseeing the Accounting department, Treasurer, Collector’s office and the Assessor’s office. Mr. Guertin mentioned that during the Town Meeting, Mr. Kaddy spoke to the audience informing them that if they approved the formation of a new Finance Department, they would also be changing the Town Collectors position from being an elected position to an appointed position. Mr. Kaddy urged the voters to not give up that right and to vote against the change and he continued to urge the voters on this point. As a result of Mr. Kaddy’s vocal
opposition, it was extremely clear to the voters that when they approved the creation of the new Finance Department that they would also be approving the change in the Town Collectors position. The voters overwhelmingly approved the creation of the new Finance Department and the change in the Town Collector’s position from elected to appointed.
Mr. Guertin and Ms. Norbut both agreed to leave this as it was/is and that the town has made the right choice.
Appoint Member to Monson Arts Lottery Council:
It was explained a letter has been received from Valerie Bogacz-Beaudoin, chairman of the Monson Arts Lottery Council, requesting the Board of Selectmen appoint Mary Swierad to their committee.
Ms. Norbut made a motion to appoint Mary Swierad to the Monson Arts Lottery Council effective immediately through June 30, 2009. Mr. Guertin seconded and it was so VOTED.
Approve Contract – SEA Consultants – Lower Hampden Road Design:
Ms. Norbut made a motion to approve of the contract, letter dated September 6th to the Town Administrator, regarding revisions to the design of Lower Hampden Road from SEA Consultants, Inc. contingent upon approval of language of contract by Town Counsel. Mr. Guertin seconded and it was so VOTED.
Correspondence was read and completed.
At 8:00 p.m., Ms. Norbut made a motion to adjourn. Mr. Guertin seconded and it was so VOTED.
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Kathleen C. Norbut, Clerk
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