BOS - January 25, 2005 Joint w/Board of Health

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BOS - January 25, 2005 Joint w/Board of Health

Postby Suzanne Kane » Thu Jul 28, 2005 2:15 pm

Board of Selectmen
Meeting Agenda
January 25, 2005
Joint w/Board of Health
Approved August 2, 2005


Board of Selectmen
Meeting Minutes
January 25, 2005
Joint with Board of Health


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

Other staff and citizens: Board of Health Chairman Donald Nelson and Board of Health members David McCallum, and Justin Lapin, and Town Accountant Rich Mathieu.

2. Meeting with the Board of Health: Handed out prior to the meeting is a letter to the Board of Selectmen, from the Board of Health, dated December 16, 2004; a letter to the Board of Selectmen, from the Board of Health, dated December 16, 2005, re: Animal Inspector; a letter to the Board of Selectmen, from the Board of Health, dated December 16, 2004, a letter to the Board of Selectmen, from Kris Firmes, dated November 17, 2004; a letter to Donald Miller, from the Board of Health, dated February 11, 2004; a letter to ‘Whom it may concern”, from Kris Firmes, dated September 8, 2003; pictures of animals at 4 Walnut Street; a ‘Verbal Complaints Issued Against Animals at 4 Walnut Street’ from March 31, 2004 to November 23, 2004; a letter to Milton Patnode, from the Board of Health, dated November 24, 2004; a letter to ‘Whom it may concern’, from Donald Miller, dated April 29, 2004; a letter to Donald Miller, from the Board of Health, dated February 11, 2004; a letter to Donald Miller, from the Board of Health, dated January 12, 2004; a listing of incidents, from Milton Patnode, from April 16, 2002 to July 27, 2002 along with pictures; Board of Health minutes from December 6, 2004, May 10, 2004, February 9, 2004, December 1, 2003, and September 8, 2003.  Miller case: The Board of Health came to the Board of Selectmen to ask for assistance in dealing with an ongoing problem on Walnut Street. Donald Nelson stated they have received complaints from the neighbors due to animal odors and noise. Also the Building Inspector is going to court concerning this matter. The Board of Health would like permission to seek guidance from Town Counsel to remove some of the animals. They received a letter from the owner stating they are not allowed on the property. Paula Brouillette stated the Board of Health has referenced 310 CMR 7.09 Odor Control Regulations and 310 CMR 7.10 Noise Control Regulations and asked if that is what they are relying on to go forward with this. Don Nelson stated yes due to the complaints from the residents. Paula Brouillette asked if there is a limit on animals for the acreage. Don Nelson stated there is none that he is aware of. They try to be understanding and tolerant – they gave a maximum amount and Mr. Miller has exceeded that amount. The Board has contacted Mr. Miller and asked him to come in but he always says he can’t make it. Rich Preston asked if the total number of written complaints is two. Don Nelson stated yes – they are abutters. Rich Preston stated he has no objections to the Board of Health contacting Town Counsel but it’s for the Board to decide. He stated where property rights are concerned; where the fist ends the chin begins. Noise and odors would be a cause but he is not sure if it is a civil matter between the neighbors. Don Nelson stated the Town does not want to get into a civil matter. Michael Guzinski stated he has spoken to Building Commissioner Adelle Reynolds quite a bit on this matter – he feels it is worthy to send to Town Counsel. There may be some avenues they are not aware of that Town Counsel could help with. They could pursue the building part – a portion of one of the buildings is on Town property. Paula Brouillette made a motion to authorize the Board of Health to contact Town Counsel to deal with the issues of 4 Walnut Street as suggested. Rich Preston seconded the motion. All – aye. Michael Guzinski suggested the Board of Health speak to Mark Reich.
 Outdoor wood burning furnace: Don Nelson reported that the Board of Health was also asking to go to Town Counsel concerning an outdoor wood burning furnace at 100 Mumford Road. The family that has it throws what ever into it which causes a lot of smoke which flows down to the neighbors. The neighbors have provided a lot of documentation on smoke and the adverse effects of smoke. David McCallum stated the owner shuts it down during the summer but they were planning to use it to heat their pool this year. Even during the winter the residents are bothered by the smoke. Shirley Mosczynski asked if there are any State regulations for the Board of Health to help with this matter. Dave McCallum stated that Joe Yacino has looked into it. The regulations are being re-written, there are some but not enough. Don Nelson stated that if this is a civil matter they will back off. Rich Preston stated he is not familiar with these stoves and asked what the difference is between it and a wood burning stove. David McCallum stated this is larger – you can put green or dry wood in it. If it’s calling for heat you will not see smoke. If it’s not calling for heat you get a lot of smoke. Shirley Mosczynski added that it is a furnace outside. Justin Lapin stated it looks like a generator. David McCallum stated they are usually tied into a water system. Rich Preston asked if they have heard of any other Town that has dealt with them. David McCallum stated they are sold in Sutton but he hasn’t heard of any problems. Don Nelson stated the Board has tried to work with the owner; telling them to limit burning to certain times of the year when the winds do not blow directly at his neighbors. This doesn’t seem to be enough. Michael Guzinski stated he has had three calls from Vivian McLean of 104 Mumford Street. He mentioned this issue to Town Counsel’s Mark Reich who feels there could be a way to deal with it. He recommends the Board of Health contact Town Counsel. Paula Brouillette made a motion to authorize the Board of Health to contact Town Counsel on the matter of the outdoor wood burning furnace. Rich Preston seconded the motion. All – aye.
 Part time clerical position: Don Nelson stated as a FYI; the Board of Health would like to hire a 20 hour per week clerical position. It is not part of their budget. A memo will be going out to the Finance Committee.
 Animal Inspector: Don Nelson stated the Board of Health also needs to hire an Animal Inspector – they are working on a proposal for the budget. What is budgeted now they feel is not adequate. David McCallum stated the current inspector may stay if the amount goes up. Michael Guzinski asked if they have any statistics on how many times he is called out. David McCallum stated he filled in for the inspector once and he was getting calls at all hours of the night. He stated he refuses to do it again and feels the position is under paid. He stated he will get the statistics. Michael Guzinski stated it is good information to have – the Finance Committee will ask those questions. Rich Preston asked for clarification – the Board of Health does not have the funding in ’05 but they will try to incorporate it in ’06. Don Nelson concurred.
 Burial of road killed animals: Don Nelson stated the Board of Health is asking permission to use the sand pit on Rt. 16 for the burial of large road kill animals. Animal Inspector Dick Downs has a hard time – this came about because a deer was struck. Shirley Mosczynski asked what other communities do. Don Nelson stated they incinerate them which is very costly and cost prohibitive. The Board of Health felt that since they have Town land there is no reason not to use it. Michael Guzinski stated he wants to make sure they are not in violation of State laws. Paula Brouillette suggested they find more out about incineration – maybe in the future they would look at it, they need to know the process and what it costs. Shirley Mosczynski asked Michael Guzinski to find out if there are any State regulations.

3. Budget:
Michael Guzinski handed out a budget document stating it is a broad review of the Towns expenses and revenues. Rich Mathieu stated concerning the revenues they are assumptions that they are level funded. Michael Guzinski stated they don’t have much money – only money to move around is free cash. They are trying to show how much money will be left after they pay what has to be paid – this document shows there is not much. Rich Preston asked if 1.3 million is certified in free cash. Rich Mathieu stated approximately. Shirley Mosczynski asked on the Town side with a 5.7% increase – are they looking at cuts. Michael Guzinski stated the municipal budget would have to be cut by approximately $170,000. Rich Mathieu stated he took assumptions on the revenue side backed out known expenses and took what was left and divided it up between the School and Town. Michael Guzinski stated that there are many ways to unfold this – this is just one way to look at it. Paula Brouillette asked if they are going to make any decisions on the education side or are they waiting for more information. Shirley Mosczynski asked if they have given the School any revenue figures yet. Michael Guzinski stated no – he could give them what they have here. Rich Preston asked if there has been any discussion to fund the recommended request. Michael Guzinski stated there are all kinds of scenarios to fund it. Rich Mathieu stated Capital items will have to come from debt, stabilization, or free cash. Paula Brouillette stated that one problem is that the Town is living off of credit cards. Rich Mathieu stated they are living off tax refunds – there are risks in all of these things. Rich Preston stated he is worried that the Towns infrastructure is going to suffer. He asked what the percentage is the Town spends on Capital items. Michael Guzinski stated 2%. He stated he agrees they need to find a way to fund the Capital items. Shirley Mosczynski asked if they could get the percentage of increases for the past two years for the School and the Town. Rich Mathieu stated there will be anomalies – the School was level funded and there was a cut in Chapter 70. Paula Brouillette stated the School request is 3.2 million, the Towns is 180,000 – of the current requests what would have to be cut in order to balance. Michael Guzinski stated it includes 812,000 free cash. Paula Brouillette asked if they are using 812,000 free cash. Michael Guzinski stated that on the Municipal side they are cutting all Capital and 180,000 operational. Shirley Mosczynski asked Michael Guzinski if he was comfortable with a surplus of $14,797. Michael Guzinski stated that includes $378,000 free cash.
 Deficit in Snow Removal: Michael Guzinski handed out a memo to the Finance Committee, from the Highway Department, dated January 25, 2005 requesting permission to deficit spend for snow and ice removal. Paula Brouillette made a motion to approve deficit spending for snow removal. Rich Preston seconded the motion. All – aye.
 Mileage: Michael Guzinski stated the IRS mileage rate is 47¢ he can not verify the Federal rate. He stated he is not sure if it is included in department’s budgets. Rich Mathieu stated it would only affect the Building Department.

The Board went though the budget books.
 Cable: Rich Preston asked where the Cable money is shown. Rich Mathieu stated it is a special revenue account. Shirley Mosczynski asked if they should go over the special revenue accounts. Rich Mathieu stated he will get a list together.
 Stipends: Paula Brouillette asked if the Board is going to look at stipends. Michael Guzinski stated he brought it up at a Personnel meeting – they will talk about it at their next meeting. They felt the Board of Health Agent is a unique position and will look at it some more. Paula Brouillette recommended having all stipend positions categorized – even if it is only 2 or 3 categories.
 Technology: Michael Guzinski stated this is only supplies. Rich Mathieu states he is talking to the School – this will change after he gets more information. He stated the expenses will also change after finding out about Charter.
 ZBA: Paula Brouillette asked if ZBA increased their fees. Rich Mathieu stated no, they do have an increase of hearings though. Paula Brouillette stated they appoint the ZBA, it is not fair to the tax payers to have to pay for the hearings. Shirley Mosczynski asked Michael Guzinski to draft a letter to ZBA to ask them to examine their fees to pay for their entire budget. Consensus of the Board.
 Octoberfest: Shirley Mosczynski stated they need to have the Octoberfest Committee come in and talk about Bylaws.
 Police: Paula Brouillette asked how the Chief said he was going to phase in the additional police. She stated she is not objecting to it she would just like to know. Rich Preston stated he would go with one person added to police. Paula Brouillette stated she is not sure she would. She has concerns; she would also like to know how much the increase is because of the two new employees. Rich Mathieu stated it is something like $100,000 – Chief Foley is putting together a break down.
 Ambulance: Rich Mathieu stated he will put out a reserve report for the Board. Rich Preston stated he would like to see a review of revenues coming in and expenses going out.
 Building: Paula Brouillette asked Michael Guzinski to look into Adelle Reynolds using the Community Development vehicle to take away her mileage. Rich Preston asked why the Clerks salary isn’t going up much. Michael Guzinski states she is at the highest step. Rich Preston asked what they could do in this case. Suzanne Kane suggested changing the Personnel Bylaws. Michael Guzinski stated Personnel is looking at that.
 Board of Health: Paula Brouillette stated that in their minutes they were looking for an increase in the Agents salary. Rich Mathieu stated he thought that was in FY04 – he will look into it.

Shirley Mosczynski asked when their next meeting should be. Michael Guzinski suggested February 22nd. The Board decided on February 8th at 6:00 pm. Executive Session at 6:00 pm and the Budget after that. Michael Guzinski suggested giving a copy of the hand out to the School. Rich Mathieu suggested waiting for the Governors Budget to be released. Board concurred. Shirley Mosczynski stated she wants back ground to what was done on School side and the Town side in the past. Consensus of the Board.

4. Executive Session:
Paula Brouillette made a motion to go into Executive Session at 9:45 pm for the purpose of Litigation, and to return to regular session for the purpose of adjournment. Rich Preston seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye.

Rich Preston made a motion to come out of Executive Session at 10:43 pm for the purpose of returning to regular session to adjourn. Paula Brouillette seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye.

5. Adjournment:
Rich Preston made a motion to adjourn at 10:44 pm. Paula Brouillette seconded the motion. All – aye.


Respectfully submitted;



Suzanne Kane
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Suzanne Kane
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