Showing posts with label transfer. Show all posts
Showing posts with label transfer. Show all posts

Tuesday, September 10, 2024

Town Council reopens hearing to approve the BJs-Pour Richard's transfer, hears of health care expense issue (audio)

FM #1274  This is the Franklin Matters radio show, number 1274 in the series. 


This session shares the Franklin (MA) Town Council Meeting of Wednesday, Sep 4, 2024.  8 members were present in Council Chambers, Pellegri was absent. 


Quick recap

  • A few appointments to close out the annual round of appointments. As announced in the August 14 meeting with the primary set of appointments, a few were in the process of being finalized. This should complete the slate of appointments to renew and fill the open slots for now.

  • Public hearing voted to re-open to review the prior BJs & Pour Richard's license transfers. The vote at the June 26 meeting was 6-3 to deny the approval. The denial was not based upon the 2 areas that such a denial could be made, hence the return for a review. Long story short, enough councilors got the message on the legal options and the transfers passed 5-3-1 (Cormier-Leger, Chandler, Dellorco voted no; Pellegri absent).

  • Pete Fasciano, Executive Director of Franklin TV provided an update on the operations. 

  • Discussion on Right of Refusal for the Maplegate Country Club property. We can't afford it but will gain some revenue as the deal closes completely since they were "under taxed" and the owners will need to 'catch up'. The Council still needs to accept a resolution to formal pass on the purchase option

  • The Davis Thayer Reuse report was accepted by the Council. This will take time for the Council to work through the discussion to set up a possible RFP. 

  • Health care issue raised will be part of the budget discussions going forward, have seen increase in 6-8 percent range prior years, anticipated increase of about 13%


Let’s listen to the meeting recording which runs just short of 3 hours.  Audio link ->  https://franklin-ma-matters.captivate.fm/episode/fm-1274-franklin-ma-town-council-mtg-09-04-24/



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Franklin TV video is available for replay ->    https://www.youtube.com/live/eZ51XEq57_U?si=DnXqGMfyZU1OEX7S&t=89


Agenda doc ->  https://www.franklinma.gov/sites/g/files/vyhlif10036/f/agendas/2024-09-04_town_council_agenda_0_0.pdf 


My notes captured during the meeting and now in one PDF file ->

https://drive.google.com/file/d/1ojJYhfyLslZxv7XQ8dhevA3R0jMyHcj5/view?usp=drive_link 


-------------

We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial. 


This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.


How can you help?

  • If you can use the information that you find here, please tell your friends and neighbors

  • If you don't like something here, please let me know


Through this feedback loop we can continue to make improvements. I thank you for listening.


For additional information, please visit Franklinmatters.org/  or www.franklin.news 


If you have questions or comments you can reach me directly at shersteve @ gmail dot com


The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.


I hope you enjoy!

------------------


You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"


Maplegate Country Club
Maplegate Country Club

Sunday, September 8, 2024

Chair Mercer condenses the Sep 4, 2024 Town Council meeting in this Quarterbacking session (audio)

FM #1272 = This is the Franklin Matters radio show, number 1272 in the series. 


This session of the radio show shares our “Town Council Quarterbacking” with Town Council Chair Tom Mercer. We had our conversation via the Zoom Conference Bridge on Thursday, September 5, 2023.  


ok, what just happened? 

What does it mean for Franklin residents and taxpayers?


Topics for this session

APPOINTMENTS

a. Conservation Commission: Lui Puga (term expiration correction to 2026)

b. Council on Aging: Tina Powderly

c. Finance Committee: Ken Ojukwu

d. Franklin TV Board of Directors

i. Anne Bergen

ii. William “Ken” Norman


a. Vote to reopen the June 26, 2024 Public Hearing: Transfer, Change of Location, Pledge of Collateral and Approval of Manager of a Section 15 Wine and Malt Beverages Package Store License: Rye's Wine Incorporated d/b/a Pour Richard’s Wine & Provisions Located at 835 West Central Street, Suite 2, Franklin, MA 02038

b. Vote to reopen the June 26, 2024 Public Hearing: Transfer, Change of Location and Approval of Manager of a Section 15 All Alcoholic Beverages Package Store License: Mormax Corporation d/b/a BJ’s Wholesale Club Located at 100 Corporate Drive, Franklin, MA 02038


PRESENTATIONS / DISCUSSION

a. Pete Fasciano - Franklin TV


Chapter 61B Right of First Refusal on Maplegate Country Club

https://www.franklinma.gov/sites/g/files/vyhlif10036/f/uploads/memo_-_chapter_61b_right_of_first_refusal_on_maplegate_country_club.pdf 


c. Davis-Thayer Reuse

https://www.franklinma.gov/sites/g/files/vyhlif10036/f/uploads/8c._1_-_memo_-_davis_thayer_reuse.pdf 


c. Resolution 24-55: Health Care Group Insurance Transfer

(Motion to Approve Resolution 24-55 - Majority Vote)


d. Resolution 24-56: Gift Acceptance - Recreation Department ($2,000)

(Motion to Approve Resolution 24-56 - Majority Vote)



The recording runs about 32 minutes. Let’s listen to my conversation with Tom on Thursday, September 5, 2024. Audio link -> https://franklin-ma-matters.captivate.fm/episode/fm-1272-town-council-quarterbacking-09-05-24/



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Town Council agenda Sep 4, 2024

https://www.franklinma.gov/sites/g/files/vyhlif10036/f/agendas/2024-09-04_town_council_agenda_0_0.pdf 


Franklin TV video is available for replay ->    https://www.youtube.com/live/eZ51XEq57_U?si=DnXqGMfyZU1OEX7S&t=89


Town Council recap -> https://www.franklinmatters.org/2024/09/town-council-reopens-hearing-to-approve.html 


My notes captured during the meeting and now in one PDF file ->

https://drive.google.com/file/d/1ojJYhfyLslZxv7XQ8dhevA3R0jMyHcj5/view?usp=drive_link


--------------


We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial.  


This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.


How can you help?

  • If you can use the information that you find here, please tell your friends and neighbors

  • If you don't like something here, please let me know


Through this feedback loop we can continue to make improvements. I thank you for listening.


For additional information, please visit Franklinmatters.org/ or www.franklin.news/


If you have questions or comments you can reach me directly at shersteve @ gmail dot com


The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.


I hope you enjoy!

------------------


You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"



right of first refusal on the Maplegate Country Club property was previewed
right of first refusal on the Maplegate Country Club property was previewed

Tuesday, September 3, 2024

Town Council gets a second chance to approve all alcohol license transfer between BJs & Pour Richard's (audio)

FM #1268  This is the Franklin Matters radio show, number 1268 in the series. 


This session shares the Franklin (MA) Town Council Meeting of Wednesday, June 26, 2024.  All 9 members were present in Council Chambers. We took an extract of the full meeting, separating the all alcohol license transfer between Pour Richard’s and BJs for this segment of audio.


The transaction in June was twofold; Pour Richard’s ownership is changing, they are transferring their all alcohol license to BJs. In return, BJs will transfer the beer & wine license they have to the new owners of Pour Richard’s.


Should have been a straightforward move, both parties had done the prior paperwork, both parties were in good standing, the Town departments, and ABCC had given prior approval; the formality of the transfer needed to be completed. 


As one BJs lawyers stated:

“I'll be as brief as I can. There are two main premises to licensing in Mass and the first is to serve the public need. That's basically the overall picture of location, and number of licenses, and in this case, this swap will definitely serve the public need because it's really not changing what's going on now other than moving the all alcohol portion slightly down the road to a different operator.


Now the second basic premise is for licensing to promote the common good and although I I find those confusing, I used to always think well what's the difference? Well the common good really focuses not on the town, and not on the town's landscape, but on the operator, and the specific location, and the specific way that the package store will operate. “


Later in the hearing, Town Administrator Jamie Hellen answered a question on a possible policy around not providing all alcohol to big box stores.


“Basically there's just nothing in town policy or code that I'm aware of, and I just conferred with the town attorney that could speak to that too, that does not,  I want to be respectful of Councilor Frongillo’s position if that's his priority as a voting member of the council that's a different matter, and it could be other members of the council as well or other members of the public, but we have no policy on the books that prohibits that.


Actually I believe that's actually a policy that might even be challengeable legally because now you're making a judgment on a license on determinations that are not grounds for denial of a license, and would be an automatic approval on an appeal.  So I just want to make sure the Public's clear about that there's a difference between an opinion, and what we have in terms of a bylaw, we do not have a bylaw, we do not have a policy that's official about this.“

 

The public hearing closed, and both steps of the transfer were denied by 6-3 votes via roll call (Mercer, Jones, Hamblen for; Cormier-Leger, Chandler, Pellegri, Dellorco, Frongillo & Sheridan against)


  • Both BJs and Pour Richards have appealed to the ABCC. Their respective hearings are scheduled for later in September
  • The Town when it filed the paper with ABCC noting the denial apparently did not fill out the reason for denial (likely because they did not challenge on either of the 2 legitimate grounds for denial)
  • Pour Richard’s had made a public appeal directly to the Council to reconsider righting the incorrect vote they had cast
  • In advance of the ABCC decision likely favoring both BJs and Pour Richard’s, the measure is back before the Council
We’ll see what happens Wednesday night


Let’s listen to the replay of the June 26 segment which runs for about an hour and 6 minutes.  Audio link -> https://franklin-ma-matters.captivate.fm/episode/fm-1268-town-council-mtg-06-26-24-extract/



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The Franklin TV video of the June 26 session (5 hour 50 minutes) can be found ->   https://www.youtube.com/watch?v=JkF-BLT5Vns  Skip forward to about 1:05, just after the recognition of Comptroller Chris Sandini’s recognition, is when the BJs-Pour Richard’s segment starts. It runs to about 2:08.



-------------

We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial. 


This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.


How can you help?

  • If you can use the information that you find here, please tell your friends and neighbors

  • If you don't like something here, please let me know


Through this feedback loop we can continue to make improvements. I thank you for listening.


For additional information, please visit Franklinmatters.org/  or www.franklin.news 


If you have questions or comments you can reach me directly at shersteve @ gmail dot com


The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.


I hope you enjoy!

------------------


You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"




Sunday, September 1, 2024

Franklin, MA: Town Council meeting agenda for Wednesday, Sep 4 at 7 PM

Franklin Town Council
Agenda & Meeting Packet
September 4, 2024 at 7:00 PM

Meeting will be held at the Municipal Building
2nd floor, Council Chambers 355 East Central Street 


1. ANNOUNCEMENTS FROM THE CHAIR
a. This meeting is being recorded by Franklin TV and shown on Comcast channel 9 and Verizon Channel 29. This meeting may be recorded by others.
b. Chair to identify members participating remotely.
c. Upcoming Town Sponsored Community Events.

2. CITIZEN COMMENTS
a. Citizens are welcome to express their views for up to three minutes on a matter that is not on the agenda. The Council will not engage in a dialogue or comment on a matter raised during Citizen Comments. The Town Council will give remarks appropriate consideration and may ask the Town Administrator to review the matter.

3. APPROVAL OF MINUTES
a. August 14, 2024

4. PROCLAMATIONS / RECOGNITIONS - None Scheduled

5. APPOINTMENTS
a. Conservation Commission: Lui Puga (term expiration correction to 2026)
b. Council on Aging: Tina Powderly
c. Finance Committee: Ken Ojukwu
d. Franklin TV Board of Directors
i. Anne Bergen
ii. William “Ken” Norman

6. PUBLIC HEARINGS - 7:00 PM
a. Vote to reopen the June 26, 2024 Public Hearing: Transfer, Change of Location, Pledge of Collateral and Approval of Manager of a Section 15 Wine and Malt Beverages Package Store License: Rye's Wine Incorporated d/b/a Pour Richard’s Wine & Provisions Located at 835 West Central Street, Suite 2, Franklin, MA 02038
i. License Transaction #7a
b. Vote to reopen the June 26, 2024 Public Hearing: Transfer, Change of Location and Approval of Manager of a Section 15 All Alcoholic Beverages Package Store License: Mormax Corporation d/b/a BJ’s Wholesale Club Located at 100 Corporate Drive, Franklin, MA 02038
i. License Transaction #7b

7. LICENSE TRANSACTIONS
a. Transfer, Change of Location, Pledge of Collateral and Approval of Manager of a Section 15 Wine and Malt Beverages Package Store License: Rye's Wine Incorporated d/b/a Pour Richard’s Wine & Provisions Located at 835 West Central Street, Suite 2, Franklin, MA 02038
b. Transfer, Change of Location and Approval of Manager of a Section 15 All Alcoholic Beverages Package Store License: Mormax Corporation d/b/a BJ’s Wholesale Club Located at 100 Corporate Drive, Franklin, MA 02038

8. PRESENTATIONS / DISCUSSION
a. Pete Fasciano - Franklin TV
i. Legislation for Action #s 9a & 9b
 
 
b. Chapter 61B Right of First Refusal on Maplegate Country Club
c. Davis-Thayer Reuse

9. LEGISLATION FOR ACTION
a. Resolution 24-53: Cable Funds in Support of PEG Service and Programming per MGL Ch. 44, §53F3/4 (Motion to Approve Resolution 24-53 - Majority Vote)

b. Resolution 24-54: Cable Funds in Support of PEG Service and Programming per MGL Ch. 44, §53F3/4 (Motion to Approve Resolution 24-54 - Majority Vote)

c. Resolution 24-55: Health Care Group Insurance Transfer
(Motion to Approve Resolution 24-55 - Majority Vote)

d. Resolution 24-56: Gift Acceptance - Recreation Department ($2,000)
(Motion to Approve Resolution 24-56 - Majority Vote)

10. TOWN ADMINISTRATOR’S REPORT

11. SUBCOMMITTEE & AD HOC COMMITTEE REPORTS
a. Capital Budget Subcommittee
b. Economic Development Subcommittee
c. Budget Subcommittee
d. Master Plan Committee
e. Davis-Thayer Reuse Advisory Committee
f. Police Station Building Committee
g. GATRA Advisory Board

12. FUTURE AGENDA ITEMS

13. COUNCILOR COMMENTS

14. EXECUTIVE SESSION
a. For the sole purpose to review, approve and vote to release Executive Session minutes

15. ADJOURN


Note: Two-Thirds Vote: requires 6 votes 
Majority Vote: requires majority of members present and voting