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01/21/2014 BOS Meeting Miinutes
Meeting Minutes
  
Minutes Accepted and filed with the Town Clerk on2/4/14 by a vote of  3-0  
Selectman Stuart abstains/absent from 1/21/14 meeting                     
7:00 p.m. – January 21, 2014
                                       Sutton Town Hall, Selectmen’s Meeting Room
Members in Attendance:                           
              Chairman John Hebert, Selectmen Michael Chizy, Richard Hersom & David Hall     
                                                                         (Selectman Stuart absent)
             Town Administrator James Smith & Debbie Jacques, secretary   

Chairman Hebert calls the meeting to order at 7:00pm followed by the Pledge of Allegiance.

No comments under Public Forum

Selectman Hall motions to accept as submitted December 30, 2013 meeting minutes, Selectman Chizy seconds passes 3-0-1
                                                                          Selectman Hersom abstains, Selectman Stuart absent  

Bagels & Kabobs late license renewal: TA Smith informs the BOS this is a late renewal, Mr. Kahale was invited but has not yet arrived. TA Smith says that the Board of Health went to the store and did an unannounced inspection, other than a few minor issues there are no major problems. Selectman Chizy asks if the business remained open during his unlicensed period. TA Smith replied yes, TA Smith sent the police to notify him as well as a certified letter. Selectman Hersom asked if there was any reason for this as he did get his food permit from the Board of Health. TA Smith replied that in a brief discussion with BOS secretary he did say he was not sure if he would be renewing due to landlord issues. Chairman Hebert reiterates that businesses must abide by our rules and regulations as far as returning the renewal paperwork by the deadline date. If Bagels & Kabobs does not renew on time for the next renewal period they will not be allowed to open until the BOS meet again to discuss the license. It is not fair to all the other businesses in town that renew in a timely fashion. Selectman Chizy motions to approve the late Common Victualler for Bagel’s & Kabobs, Selectman Hall seconds passes 4-0

Bylaw Charter Review Committee: Lou Ciavarra and Ross Whittier are here to discuss the concept of the fines & penalties section of the Bylaws. The Bylaw Committee feels that it would be dealt with more quickly if it was under the BOS jurisdiction. Currently the fees are scattered throughout the existing Bylaws. If under the BOS jurisdiction, changes in any fees would be a recommendation before the BOS at a meeting. Selectman Chizy has no problem with this change if it makes it easier, Selectman Hersom concurs with Selectman Chizy, it would streamline the process without the need to have the Charter Review Committee reconvene, and this will remove some of the antiquity out of the Bylaws.  Selectman Hall agrees with all that has been said, this will provide flexibility and ease the use, Dave is in support of this. Chairman Hebert agrees and fully supports all of his colleague’s comments.  Chairman Hebert goes on to say the Bylaw Review Committee is doing a great job.

Bagels & Kabobs owner Tom Kahale has arrived at the meeting. Chairman Hebert asks for Mr. Kahale to come before the BOS. Chairman Hebert addresses Mr. Kahale by saying we are glad to have your business in town but we have a standard here that is put out by us. We send out renewals and everyone must fall in suit with everyone else in getting them back to us. Next year if your renewal is late you will not remain open until after you come before the BOS at the next meeting we convene. It is unacceptable to us to not return your renewal on time. Mr. Kahale says he has had issues with the management company, RK Associates; they are harassing him after 8 years of being a tenant. They increased his rent $900.00, they will not fix any building issues and have tried to evict him. Mr. Kahale thanks the BOS for listening to him.  
  
TA Update:
  • Middle School/High School update: Town Counsel has been working with Westin Surety on a final tender offer with G&R Construction. Representatives for the Town of Sutton went to meet with G&R Construction. Building Inspector John Couture was one of the representatives; John was impressed and feels they can finish the job to a high level. Once the tender agreement has been received, we will schedule a BOS meeting for your review.
Selectman Chizy thanks TA Smith for the information on G&R Construction, they look good.
Selectman Hersom asks what the holdup is on the tender agreement. TA Smith replies it just involves Westin Surety and G&R getting on the same page with the final dollar amount as liquidated damages were added to the contract. Once it is proposed to the BOS they can either accept or reject. If the BOS reject then we will have to take a different approach to completing the project. The Surety Company would cut a check and then we would have to go out to bid.
Selectman Hall asks if we know if there is an actual contract drafted TA smith replies the contract will be between G&R and the Town of Sutton. Dave asks what happens if G&R begins the job and then there are issues with work previously done by TLT, TA Smith replies G&R will have their own liability insurance that we would then deal with.  
    
  • TLT lawsuit: the town has received a copy of the lawsuit TLT is filing against the Town of Sutton on January 2nd, 2014. Town council is preparing a response. We have a copy for the BOS to review but are confidential in nature.
Selectman Hersom asks why this information is confidential. TA Smith replies that any lawsuit while it is in litigation is confidential but we will ask for a legal opinion.

  • Budget Update: The Draft Capital Plan is attached, this Friday I will receive the governors numbers for chapter 70 school aid and unrestricted general government aid (aka lottery aid),
  • RK Centers: The town received a letter from RK Associates (current owner of Sutton Plaza) increasing the rent we have paid on a small portion of property to store our salt and sand for the Highway barn. We have been paying $1,000.00 a year; they increased the rent to $2,000.00 a month. The Highway Dept. built a new salt shed on the Highway property and we have sold the sand (through a bid process).
Selectman Hall asks if RK Associates have been notified, TA Smith replies that Town Council drafted a letter to be forwarded to RK Associates notifying them that we will no longer be using that site.
 
Announcements:  N/A
 
Round Table:
        Selectman Chizy was at the COA this morning, the Food Pantry is in need of supplies. For the week of January 7th -14th, 30      families used the Food Pantry (58 people). 95% or more of users are younger families with children.
        
        Chairman Hebert says the BOS have all received correspondence from a Conservation Committee member; it will be taken    under review. John goes on to say he has been a figure in the town for over 40 years, (former Chief of Police, current
        Selectman) please spell name correctly. It is Hebert not Herbert.


Hearing no further comments Selectman Chizy motions to adjourn, Selectman Hersom seconds passes 4-0      

Adjourned 7:30pm