BOS - September 6, 2005

Moderators: Suzanne Kane, Jane Alger

BOS - September 6, 2005

Postby Suzanne Kane » Thu Sep 01, 2005 11:13 am

Board of Selectmen
Agenda
September 6, 2005


6:30 pm
Informational Workshop

7:00 pm
1. Call to Order

2. Chairman’s Announcements

3. Citizen’s Forum

7:05 pm
4. Mass Electric – Update

7:20 pm
5. Alternate Plumbing Inspector Appointment

7:30 pm
6. Winter Street – William Cundiff

7. Uxbridge Municipal Agreement

8. Rt. 16 Banner – Downtown

9. Award bid for Post Office / Senior Center Renovations

10. Special Town Meeting Date

11. Town Accountant Search Committee Members

12. Minutes: August 2, 2005, August 16, 2005, and Executive Session

13. Administrators Report

14. Old / New Business

15. Executive Session – consideration of real property

16. Adjournment
____________________________________________________________
Future Agenda Items
Sept. 20th:
TIF’s
New Liquor License Hearing (The Doug Out)
New Entertainment License Hearing
Common Vic. License
TIP Policy
Oct. 4th: Library Trustees (7:15 – 7:45)
TBD: Audit w/School Committee
_____________________________________________________________
_____________________________________________________________
Board of Selectmen
Meeting Minutes
September 6, 2005
Approved October 4, 2005



Madame Chairman Shirley Mosczynski called the meeting to order at 6:31 pm, in the Selectmen’s Office. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

• Informational Workshop:
Michael Guzinski went over the following items:
• Douglas Website
• Information regarding Town Charters. Shirley Mosczynski asked Michael Guzinski to set up a Workshop for September 27, 2005 at 6:30 pm.
• Traffic flow at Shell Station
• Town Accountant Search Committee Member
• Public Safety Committee Meeting
• Meeting with School Building Project Manager and Financial Advisor
• Proposed TIF’s
• Awarded Federal Grant for Arial Ladder Truck
• Joint School Committee meeting
• Personnel Policies and Bylaw
• Proposed summer hours for Municipal Center

The meeting was moved to the Resource Room.

1. Call to Order:
Madame Chairman Shirley Mosczynski called the meeting to order at 7:10 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens: Town Engineer William Cundiff, Chief Gonynor, William Pybas, Louis Tuscino, Robert Josey, Rick Colonero and Robert Prunier.

2. Chairman’s Announcements:
• Hurricane Katrina: Shirley Mosczynski asked for a moment of silence for the victims of the hurrican. She also gave a website of a local business owner, Jay Johnson. The website is myfamilycanhelp.com. They provide a place where people can offer temporary homes for victims or victims can find temporary homes.
• Homeland Security Grant: Shirley Mosczynski asked Fire Chief Donald Gonynor to come forward with his news. Chief Gonynor stated he had applied for a Home Land Security Grant to purchase a ladder truck that was approved to purchase at Town Meeting. He was notified that the Town was awarded the grant for $475,000. $25,000 is the Towns responsibility. He has finished all the paperwork with the banks – within three weeks he should be receiving the money. In the mean time he will be talking to the lease company to see what the payoff is. They owe about $417,000 to the lease company and when that is paid they will about $57,000 back. Shirley Mosczynski congratulated Chief Gonynor and thanked him for all his work. She asked Michael Guzinski to send letters of thanks out to the people who sent letters of support. Chief Gonynor stated the existing ladder truck it worth between $10,000 and $15,000 dollars in the condition it is in. He will advertise it. He is also going to start investigating to see if the truck could go to the Gulf region. He will notify the Board for their approval if it is needed. The time frame for the new truck is the end of the month – it should be delivered sometime around the 26th to Walpole then here. He is hoping it will be ready for their Open House on October 12th. Chief Gonynor also reported that at their road block they collected for the Muscular Dystrophy Association and Red Cross Relief Fund. They collected $8,084.00 – they split it giving $4,000 to each.

3. Citizen’s Forum:
No citizen came forward until after item 8. Shirley Mosczynski allowed him to come forward.
• Davis Street Construction: • Robert Prunier of 7 Davis Street asked William Cundiff to stay for his item. He stated he has no more trees. He was not aware that trees would come down for the construction of Rt. 16. William Cundiff stated he has not been out there since the construction began. They had several easements taken within private property along that stretch primarily for the turning lane and the entrance of the School. The tree clearing Mr. Prunier is referring to is either within the easement area or within the right of way. Robert Prunier asked if the project has changed. William Cundiff stated no. He will make an appointment with Mass Highway and Mr. Prunier to go out and look at it. Rich Preston asked if there was a plan for re-planting. William Cundiff stated no. However they should loam and seed all the disturbed areas. Rich Preston asked how difficult and expensive it would be to look at doing some planting. William Cundiff stated he thinks it’s best to go out there and see how that lies in the over all design. Shirley Mosczynski stated that one of the original proposals was to take down the stone wall but that was too expensive. Robert Prunier stated that some of the wall has already been taken down. Edward Therrien stated the way the trees were, they were in the wall. They were 24” trees. Some of the wall was going to come down.

4. Mass Electric – Update:
In the agenda is an email to Suzanne Kane, from Kenneth Finch, dated August 31, 2005 re: Customer Pre-notification Letter; a copy of the customer pre-notification letter; and a letter to the Board of Selectmen, from Lou and Barbara Morton, received August 24, 2005. • Michael Guzinski reported that he received a call from Michael Peterson who informed him awhile ago that he would not be here tonight. He could not get another representative to come because their key people were sent to the Gulf. He will be here on September 20th. Shirley Mosczynski referring to the letter in their agenda stated there is a hearing on September 13th with the Planning Board and the Tree Warden.

5. Alternate Plumbing Inspector Appointment:
In the agenda is a letter to the Board of Selectmen, from Adelle Reynolds, dated September 2, 2005, re: Assistant Plumbing Inspector; an Application for Boards/Commissions from Robert Brazeau, for Plumbing Inspector, dated August 2, 2005; a resume from Robert Brazeau; a letter to Adelle Reynolds, from Peter Harper, dated June 28, 2005, an Application for Boards/Commissions from Robert Josey, for Plumbing Inspector, dated June 27, 2005; and a letter to the Board of Selectmen, from Richard Wunschel, dated August 17, 2005 with various licenses and certificates. • Michael Guzinski stated there are several applicants for this position. Adelle Reynolds put a letter together stating that all four applicants are qualified. She is leaving the appointment up to the Board and would be satisfied with any of the four. Her biggest issues were availability and flexibility of the individuals. David Furno made a motion to appoint Robert Josey as Alternate Plumbing Inspector for a term ending June 30, 2005. Rich Preston seconded the motion. All – aye.

6. Winter Street – William Cundiff:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated September 1, 2005, re: Item 6 – Winter Street; and a letter to Louis Tusino, from William Cundiff, dated August 17, 2005, re: Winter Street Road Construction Plans. • Shirley Mosczynski asked William Cundiff, Louis Tusino, and Bill Pybas to come to the table. William Cundiff stated the last time they met there was discussion as to the status of Winter Street as a way in the Town. He was directed to work with Louis Tusino and his surveyor to develop a set of drawings to show Mr. Tusino’s proposal to construct a roadway down Winter Street approximately 2,650 feet and building it to some standard. The plans were to be detailed engineering drawings to alleviate any question about field decisions – everything would be spelled out up front. They went through several iterations of drawings. On August 17th he followed up with a letter formalizing the process of bid. There are some issues that are outstanding that need to be addressed. Shirley Mosczynski asked if there has been any correspondence since the letter went out. William Cundiff stated no – three or four times Mr. Tusino had called but there was nothing in their conversations aimed at resolving any of the issues. Rich Preston stated he was one of the members who directed William Cundiff to look at this and put it in writing by laying out all the criteria so there were no questions or concerns. It’s been his experience on the Planning Board that if things are not in writing and they are not set out, things happen in the field and there can be issues. He asked William Cundiff as the Town Engineer if those are the issues he would like to see addressed. William Cundiff stated they are issues that need to be addressed – there are questions of wetlands that are beyond his opinion. Rich Preston stated that they asked him to lay out what he feels is the minimum criteria in an effort to keep in mind the best interest of the Town and have a good safe road – is this what they have. William Cundiff stated yes. Rich Preston asked Mr. Tusino if that is what he understood to be William Cundiff’s intent. Louis Tusino stated yes – there are two ways he sees it happening, either he pays for it or the Town pays for it. He stated that when he met with the Planning Board William Cundiff passed out a paper to the Planning Board members stating the Planning Board had voted not to indorse his project. He polled the members and they had not voted yet. So he left the meeting. William Cundiff stated he did not want there to be a perception that he is apposed to this project – he personally does not have an opinion one way or the other. With respect to the letter, he had a conversation with the Chairman of Planning Board. Town Counsel helped draft the letter in anticipation that it might be an issue. Planning Board decisions are tied to a time line with respect to ANR’s – if they don’t act on a plan within a certain time period the plan is constructively approved. The letter was not intended to sway the Boards decision it was in preparation for action on that submittal. Shirley Mosczynski asked to get back to the questions that William Cundiff has brought forward and how will they be resolved. Rich Preston stated his definition of correspondence is in writing. They know what the intent is; they want a decent way for the people who will be living there and the people passing along the way. He asked William Cundiff what the next step is. William Cundiff stated he would like to see responses to his letter so he can make a better assessment on whether or not the approach is reasonable. Rich Preston asked Louis Tusino if he has an in-house engineer and has he reviewed this letter. Louis Tusino stated he has and they sat down with William Cundiff. Rich Preston is the only Selectmen that he knows of with a sidewalk in front of his house and William Cundiff wants him to put sidewalks on both sides of the street. Shirley Mosczynski stated the letter does not say that – the question is, “is there any proposal for sidewalks to be constructed”. William Cundiff stated she is correct. Louis Tusino stated they always did what he calls the “Adjoining Road” – if a road is adjoined by another road that road should be taken up to the standard that it is adjoined to. He thought that is what they were going to do. He thought they were going to engineer it because the Selectmen wanted a profile. Shirley Mosczynski told Mr. Tusino to answer the questions or get them information – there are still issues. William Cundiff stated they went through several rounds of informal comments – hand written on the sets of drawings. They got to a point where he thought it would be appropriate to formalize the process. He took the last set of drawings and developed the list of comments. Rich Preston reiterated to Louis Tusino, they are not requirements they are just questions. He does not see them as a hurdle. Louis Tusino stated he feels the Board is right but they should keep in mind, either he does it or they do it. Rich Preston stated what he would have done was make those arguments, address the Town Engineers questions and then they can decide. Louis Tusino stated that’s what he will do. Paula Brouillette stated she agrees with Rich Preston and that is what they talked about at the last meeting. All that happened at the last meeting was to have it documented – they are better off having written information that they can all agree on. Louis Tusino stated he will have the questions answered in two weeks. Rich Preston asked if they could put them on the agenda for the 20th. Suzanne Kane stated they could. Paula Brouillette stated as a member of the Board – she will not take the last 6 weeks as their delay. It was very clear at the last meeting what was expected from both sides. William Cundiff did an excellent job of documenting what the issues are with Winter Street and they wanted to get some consensus on what the plan was going to be.

7. Uxbridge Municipal Agreement:
In the agenda is a letter to the Board of Selectmen, from Town of Uxbridge, dated August 22, 2005; and an Intermunicipal Agreement between the Town of Douglas and the Town of Uxbridge for Water Service, signed by the Uxbridge Board of Selectmen on August 22, 2005. • Michael Guzinski reported that over the past 7 or 8 months they have been waiting for the Intermunicipal Agreement with the Town of Uxbridge. They finally settled the agreement. Rich Preston made a motion to approve the Intermunicipal Agreement between the Town of Douglas and the Town of Uxbridge for Water Service, signed by the Uxbridge Board of Selectmen on August 22, 2005 as presented. David Furno seconded the motion. All – aye.

8. Rt. 16 Banner – Downtown:
In the agenda is a memo to the Board of Selectmen, from William Cundiff, dated August 16, 2005, re: Rt. 16 Banner – Downtown; a figure of the proposed banner location, and a figure of the banner cross section. • Michael Guzinski reported that in October 2003 the Octoberfest asked the Board of Selectmen to put poles for a banner over Main Street. Over the past several months he and William Cundiff have taken a look down town to see if there were areas where the poles could be located. William Cundiff put together a memo on his review and has indicated that there are some serious concerns. The Public Safety Committee meet recently to review the situation and they recommended that poles not be erected and an alternate solution be found because of safety concerns. William Cundiff stated he reviewed the request by the Octoberfest Committee to erect a banner downtown above Rt. 16 between Mechanic Street and North Street. His proposed location would be right in front of the Library and across the street behind the water trough – there are no other locations that would allow a banner to be erected. American Association for State and Highway Transportation Officials (AASHTO) specifies a minimum height of clearance above any roadway of 14 feet. In speaking with Verizon they have a standing policy that they do not locate any of their wires below 18 feet because of the hazards they have encountered. In figure 2 the banner is shown hanging between 14 and 16 feet with a 6 inch buffer above and below the banner for safety reasons. What the memo does not address is that the bottom wire during the winter may have snow or ice on it and sag down that 6” buffer and come into contact with the banner. Also during the summer the wire expands with the heat. It’s his opinion that it’s not the best place to put a banner – if they had to put it in that stretch of road that would be the place. Shirley Mosczynski stated that one of the questions she always runs into is why Northbridge has one. William Cundiff stated that there was an individual that was close with Mass Electric – has some weight with Mass Electric and had the poles erected. He does not think the Town spent any time on it – Mass Electric dropped the poles in. The poles are in the paved right of way – they are not in the side walk or beyond the edge of the sidewalk. They are clear of wires because the wires are outside the poles. Douglas is constrained because they are trying to locate poles outside the paved area – he does not recommend erecting a pole inside the paved area. Rich Preston stated the two scenarios involve the church property and asked if they were aware of this. Edward Therrien stated he has only had conversations with the old Pastor. William Cundiff stated he has not but his memo does indicate they would need an easement to erect it – for a pole and a guide wire. Rich Preston asked if the alternate would be a temporary one along the road. William Cundiff stated he has not looked into that yet. Michael Guzinski stated they have not explored it at length. He thinks in the past they have put banners up on the church property with their permission. It obviously wouldn’t get as much visibility there but there would not be as many safety concerns. Rich Preston stated that putting the banner across the road was predicated on getting permission from the Second Congregational Church – it should be the Octoberfest’s responsibility to contact them. He would be surprised if they would allow a permanent pole – it is used as a de facto Town Common. William Cundiff stated there are other spots in Town near the Fire Station / Highway area. Rich Preston stated, speaking for himself, they recommend to the Octoberfest Committee that they look for alternatives. Shirley Mosczynski reiterated that the Safety Committee also does not recommend this. Michael Guzinski stated that the Safety Committee felt that the public safety concerns were too great as far as traffic and the power lines – not even taking into account the easement issues. Shirley Mosczynski stated she believes there are poles up by the Fire Station. William Cundiff stated he has not looked at them but there is some concern that they are not structurally sound. Edward Therrien stated the Highway Department put them up years ago and they need guide wires. Chief Gonynor stated it was done when Mrs. Bosma had a Christmas thing and wanted a banner put up – the banner lasted only 25 seconds when a trailer truck took it. The poles are alright – they need guide wires. At the Safety Committee Meeting they discussed the Fire Station because it is such a wide open area even if other organizations get involved. He spoke with the Fireman’s Association too about putting some sort of Community Bulletin Board out on the lawn and illuminate it at night. He would be willing to have the electricity brought out there. Octoberfest could give them proceeds for it. Consensus of the Board to look into a Community Bulletin board. Shirley Mosczynski asked Michael Guzinski to give them a time line.

• Shell Station: • Shirley Mosczynski asked William Cundiff if he had any comments about the Shell Station. William Cundiff stated that due to the tragic accident that occurred in front of the Shell Station in Uxbridge he and Michael Guzinski discussed alternatives for a solution to improve that area it highly impacts Douglas. He is meeting with Uxbridge Public Works Director Larry Bombara tomorrow morning to go over concepts that he has thought about – putting in a third lane. Paula Brouillette stated there was a proposal for a car wash at that location – what is Douglas’ opportunity as an abutter to be part of those conversations. William Cundiff stated technically they have little opportunity. He is not sure if Uxbridge has a site plan review process – they typically notify the Douglas Planning Board. He could notify the Board if it comes up – that would be their opportunity through the Planning Board. He stated he thinks they can solve the traffic issue through re-stripping as apposed to lane widening. Rich Preston thanked William Cundiff and Michael Guzinski for their work on this. Once the business went in it changed the dynamics of that area. After the accident he brought it up to the Town Administrator and William Cundiff and was please to see he already had a plan in mind and drawn out. He appreciates that he is going to speak to Uxbridge officials and he would like the opportunity to bring it to the Uxbridge Selectmen. His other concern is the exit ramp off the Highway – 146 south. There is no merging lane there. They have a yield sign and it should be a full stop. Shirley Mosczynski asked William Cundiff to have a discussion with Larry Bombara on that item also.

9. Award bid for Post Office / Senior Center Renovations:
In the agenda is the Bid Summary for Proposed Re-roofing, dated August 31, 2005; and Notes re: SOM Construction Enterprises, dated August 31, 2005.
• Shirley Mosczynski asked Building Maintenance Director Rick Colonero to join the meeting. Michael Guzinski stated the bids were due last week for the Senior Center / Post Office. Most of the work centered around putting new shingles on the roof. There are three layers of shingles on the roof – taking those off, doing work on the chimney, doing work to correct some of the ice dam problems, doing some painting, and doing some work on the copula. They had appropriated approximately $125,000 at Town Meeting through Capital Plan. They received 6 bids for the work ranging from $93,680 to $265,428. The lowest bid does fall within their appropriation. S.O.M. Construction Enterprises was the lowest bidder. The Architect / Engineer did extensive research on the company and the references came out very positive. He is recommending that the Board award the bid to S.O.M. Construction Enterprises in the amount of $93,680. Rick Colonero stated he is very excited that they will be able to achieve all the goals they have within the Capital request for this project. Paula Brouillette asked what the status is for the Senior Center covering. Rick Colonero stated they discussed it when they were prioritizing the list for Capital outlay and everyone was in agreement that the roof was more important and they didn’t want to loose getting the roof put on. Not that the covering wasn’t important that is why they didn’t group them together. Paula Brouillette made a motion to award the bid for the renovation of the Senior Center/Post Office be awarded to S.O.M. Construction Enterprises for the amount of $93,680. David Furno seconded the motion. All – aye. Michael Guzinski stated work should start in a couple of weeks. They plan to have everything done by the end of November.

10. Special Town Meeting Date:
In the agenda is an email to Jerome Jussaume and Christine Furno, from Suzanne Kane, dated August 29, 2005, re: Special Town Meeting Dates.
• Michael Guzinski recommends the Board vote to open the Warrant for a Special Town Meeting to be held on Monday, November 7th. And the Warrant for that meeting to be closed Tuesday, October 4th. Rich Preston made a motion to open the Warrant for a Special Town Meeting to be held Monday, November 7, 2005 at 7:00 pm at the Douglas High School Auditorium, and further that the Warrant for said meeting shall close on Tuesday, October 4, 2005. David Furno seconded the motion. All – aye.

11. Town Accountant Search Committee Members:
• Michael Guzinski reported that the Board has set up a 5 member Committee for the Town Accountant Search. There are currently 4 members on the Committee. One position is left for a member of the community as large. There is one individual who expressed a desire to serve; his name is Lee Paresky or 76 Northwest Main Street. He recommends the Board appoint Mr. Paresky to the Committee. He plans to have a Search Committee meeting in two weeks. Shirley Mosczynski stated she received the recommendation in regards to Mr. Paresky. She called him – he is an Accountant. He came to her as highly recommended by a former Treasurer in the community. He will be getting his application to the Board. Rich Preston made a motion to appoint Lee Paresky to the Town Accountant Search Committee as recommended. David Furno seconded the motion. All – aye.

12. Minutes:
• August 2, 2005: Rich Preston made a motion to approve the minutes of August 2, 2005 as amended. David Furno seconded the motion. All – aye.
• August 16, 2005: Rich Preston made a motion to approve the minutes of August 16, 2005 as amended. David Furno seconded the motion. Paula Brouillette abstained, she was absent. All other members – aye.
• Approved Executive Session Minutes – Approved and not yet released:
• December 7, 1999 – Executive Session: Rich Preston made a motion to release the minutes of December 7, 1999 – Executive Session. Paula Brouillette seconded the motion. All – aye.
• June 13, 2000 – Executive Session: Rich Preston made a motion to release the minutes of June 13, 2000 – Executive Session. Paula Brouillette seconded the motion. All – aye.
• June 27, 2000 – Executive Session: Paula Brouillette made a motion to release the minutes of June 27, 2000 – Executive Session. David Furno seconded the motion. All – aye.
• August 17, 2004 – Executive Session: Paula Brouillette made a motion to release the minutes of August 17, 2004 – Executive Session. David Furno seconded the motion. All – aye.
• September 21, 2004 – Executive Session: Paula Brouillette made a motion to release the minutes of September 21, 2004 – Executive Session. David Furno seconded the motion. All – aye.
• February 8, 2005 – Executive Session: Paula Brouillette made a motion to release the minutes of February 8, 2005 – Executive Session. David Furno seconded the motion. All – aye.
• March 15, 2005 – Executive Session: Paula Brouillette made a motion to release the minutes of March 15, 2005 – Executive Session. David Furno seconded the motion. All – aye.

13. Administrators Report:
In the agenda are the minutes from the Douglas Public Safety Committee – Thursday, August 18, 2005; a memo to the Board of Selectmen, from Michael Guzinski, dated August 31, 2005, re: Personnel By-law/Policies; draft copy of the Town of Douglas – Douglas Personnel Bylaw; a draft copy of the Personnel Policies and Procedures For the Town of Douglas; and handed out prior to the meeting a copy of the Massachusetts Municipal Management Association – form of Government Information Kit.
• Skate boarders: • Michael Guzinski reported that the Safety Committee discussed complaints of damage done in the down town area. They are recommending a policy to prohibit the use of skateboards on all Town property. Shirley Mosczynski reported that she has had phone calls concerning private property and skate boarders. It’s unfortunate the same kinds don’t want to get involved in the Skate Park. Rich Preston agrees that it’s dangerous for the kids on skate boards, for people in cars and for pedestrians. He hopes that down the road they can offer some relief to the kids by paying for some of the park. Short term he would support a policy. Rich Preston made a motion to make it the policy of the Town to prohibit the use of skateboards on all Town property. Paula Brouillette seconded the motion. All – aye. Rich Preston asked how much “teeth” this enforcement has. Michael Guzinski stated the police can confiscate the boards and call the parents. There are also fines.
• Crosswalk Signs: • Michael Guzinski reported the Safety Committee discussed this after the Selectmen’s last meeting and suggested signs be installed on the side of the cross walks on Main Street. Rich Preston suggested the inside of the crosswalks also be painted. Rich Preston made a motion to authorize the Highway Department to install “Cross walk” signs on the side of Main Street immediately adjacent to the entrances of all the cross walks in the down town area and in addition to paint the inside of the cross walks a bright color. David Furno seconded the motion. All – aye.
• Personnel Bylaw and Policy: • Michael Guzinski reported that the bylaws and policies have been approved by the Personnel Board and have been forwarded to the Board of Selectmen for their review. He will put it on the agenda for the 20th. Suzanne Kane asked to have any comments back to her by the 15th.
• Charter Information: • Michael Guzinski referring to the handout entitled MMMA – Form of Government Information Kit they will discuss this at a Workshop on Tuesday, September 27, 2005 at 6:30 pm. MMMA will also send someone out if they would like.

14. Old / New Business:
Old:
• Meeting with School Committee: • Shirley Mosczynski reported that tomorrow they will be meeting with the School Committee to appoint a School Committee member to fill a vacancy. It is the Board of Selectmen’s duty and they should be in charge. The School Superintendent took charge and that’s ok. The information concerning the vacancy was out there, the issue is with the timing that the Town Clerk received the resignation which was only received last Thursday. The policy calls for two week after the receipt of the resignation before filling the position. She read the policy. The policy can be suspended by both boards if they feel not doing so would disrupt the Town. She suggested the Board suspend the policy so they can continue with the appointment tomorrow because she feels it would hinder the School Committee if they delay. Paula Brouillette made a motion to suspend the Selectmen’s Appointment Policy for the appointment of the School Committee vacancy. Rich Preston seconded the motion. All – aye.

New:
No new business.

15. Executive Session:
Rich Preston made a motion at 8:55 pm to go into Executive Session for the purpose of considering the purchase of real property and to return to Regular Session for the purpose of adjournment. David Furno seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

David Furno made a motion at 9:23 pm to come out of Executive Session and return to Regular Session for the purpose of adjournment. Paula Brouillette seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

16. Adjournment:
David Furno made a motion at 9:24 pm to adjourn. Rich Preston seconded the motion. All – aye.

Respectfully submitted;

Suzanne Kane
Administrative Assistant
_____________________________________________________________
_____________________________________________________________
Board of Selectmen
Meeting Minutes
Executive Session
September 6, 2005
Approved and Released October 4, 2005



1. Call to Order:
Madame Chairman Shirley Mosczynski called the meeting to order at 7:10 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other Staff: Town Engineer William Cundiff

15. Executive Session:
Rich Preston made a motion at 8:55 pm to go into Executive Session for the purpose of considering the purchase of real property and to return to Regular Session for the purpose of adjournment. David Furno seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

• Smith Property – Martin Road (Map 169, Parcel 23):
In the agenda is a memo to the Board of Selectmen, from William Cundiff, dated August 7, 2005, re: Smith Property – Martin Road (Map 169, Parcel 23).
• Michael Guzinski reported that Joel Smith approached him about the Town purchasing a parcel of land he owns for any number of town uses. He indicated they would look into it and get back to Mr. Smith. He walked the property with Conservation Agent Steve Zisk and Town Engineer William Cundiff. William Cundiff put together a memo outlining the pros and cons purchasing the property. This is not as black and white as the Chamberlain property as far as the up side versus the down side; it’s more mixed. William Cundiff went over his memo. The property is approximately 21.48 acres – most of it seems to be wet. He did his analysis by assuming the entire site is buildable to see what the most they could get out of the property. The property is zoned Village Residential (VR). However it lies within the aquifer district. There are Zoning provisions that say if a site lies within the aquifer district but doesn’t have Town water or sewer; it’s dimensional requirements bump up to a Rural Agricultural zoning (RA) requirement. What that means is if they extend water/sewer up to the site they could get 15 lots rather than 7 lots out of the site. Today there is no water/sewer and no proposal to extend water/sewer. The best they can do today is 7 lots. Figure 3 of his handout shows the 500 year flood plain – a close indicator as to what is wetlands on the property. It is likely that they could not support septic systems on the site with the exceptions of maybe one or two locations. Other constraints; there is a perennial stream. One hundred feet on either side of that stream is not buildable. From one hundred feet to two hundred feet they can disturb up to 10% of the river front area. That plus the Mobil gas line that goes through there limits the development. He feels they can only get two lots, maybe three. There is also a dam on the property. If they purchase the property, they will be responsible for the maintenance and upkeep of the dam. Paula Brouillette stated that she is not sure that this land fits into any Municipal Use plan and without knowing how this would fit into a Municipal plan or the price, she feels they do not have enough information to decide anything. She is not sure if there is a cost benefit to buying it – getting at the most 2 or three lots and picking up the maintenance of the dam. She asked if they could get any other input – does it fit into anyone else’s plan as far as a use. Shirley Mosczynski agrees. She had wondered if it could be a combination of Conservation, Recreation, Open Space for the Community and a walking space – how does it fit in. But because it’s in Executive Session they can’t discuss it with anyone. William Cundiff stated it is a very wet site and the likely hood of anything being put out there short of a walking trail is not realistic. Shirley Mosczynski stated that even so they see people building homes in swamps. William Cundiff stated that if there was high land there they could allow it, but it’s all low and he doesn’t see that happening. Edward Therrien stated he agrees with Paula Brouillette and does not think it would be a good investment. Rich Preston agrees that it is not contiguous with anything else. He looks down the road, 30 to 40 years from now and putting land aside for land banking for future use. Even if they are not connected he thinks it’s an important thing to look at. His thought was if they were able to build out the lots and use the top area as a park. It is a beautiful spot but he is not sure what the Town’s liability would be owning a body of water with a dam. He would be willing to do a site walk, but it seems to be there is more against this property than for it at this point. William Cundiff stated he does not recommend walking on the south side of the property – very hard to navigate. Paula Brouillette asked about the pipeline. William Cundiff stated Mobil would be responsible for any issues with the pipeline. Rich Preston asked if numbers have been discussed. Michael Guzinski stated that he gave a number of $500,000 and would negotiate it. $500,000 seems high. William Cundiff stated the best lots in Town are going for $200,000 right now. Rich Preston stated that recouping their money doesn’t seem like something they can do with this property. Paula Brouillette stated the property has no buildable qualities. The only other benefit is that it is within a ½ mile of down town. The price is high. Rich Preston asked if he were to substantially reduce his price; at what point would it be valuable to them. David Furno stated $1. Shirley Mosczynski stated they could always donate it and get a tax break. Paula Brouillette stated this piece of property would have to take the right buyer. It’s not as easy as Northwest Main Street it would be a longer sell and risky. Rich Preston asked if the parcel has any value short of selling it. Shirley Mosczynski stated the value is taken away by liability and the dam. Paula Brouillette made a motion to pass on the Smith Property – Martin Road Map 169, Parcel 23. Edward Therrien seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

• Farrell: Michael Guzinski reported that the Town lost the Farrell case – a copy of the judgment is in the office. It is Town Councils opinion that an appeal would probably fail. This was a tuff case but they tried it anyway. Shirley Mosczynski reported that there was a change in attorneys – one Adelle Reynolds has more confidence in.

David Furno made a motion at 9:23 pm to come out of Executive Session and return to Regular Session for the purpose of adjournment. Paula Brouillette seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

16. Adjournment:
David Furno made a motion at 9:24 pm to adjourn. Rich Preston seconded the motion. All – aye.

Respectfully submitted;

Suzanne Kane
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