BOS - April 5, 2005

Moderators: Suzanne Kane, Jane Alger

BOS - April 5, 2005

Postby Suzanne Kane » Thu Jul 28, 2005 2:29 pm

Board of Selectmen
Agenda
April 5, 2005



7:00 pm
1. Call to Order

7:05 pm
2. Octoberfest Appointment

3. Chairman’s Announcement

4. Citizen’s Forum

7:15 pm
5. GBI – William Pybas

7:45 pm
6. Liquor Violation Hearing

8:15 pm
7. Acceptance of Public Ways – Town Engineer William Cundiff

8:30 pm
8. Public Safety Policy’s

8:45 pm
9. Town Use: Friends of Preschool & Kindergarten; DHS Class of 2006

8:50 pm
10. Permanent Building Bylaw Study Committee

11. Plumbing Inspector

12. Budget Discussion

13. Minutes: Oct. 5, ‘04; Oct. 5, ‘04 – Exec. Session; Nov. 16, ‘04; March 22, ‘05; March 22, ‘05 – Exec. Session; March 15, ‘05; March 15, ‘05 – Exec. Session.

14. Executive Session – Contract Negotiations

15. Old / New Business

16. Adjournment

_____________________________________________________________
Future Agenda Items:
April 11th: 7:00 pm – w/Finance Committee
April 12th: 7:00 pm – Workshop Clark Rowell
April 19th: 7:30 pm – Borgatti & Harrison
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Board of Selectmen
Meeting Minutes
April 5, 2005
Approved May 3, 2005


1. Call to Order:

Madame Chairman Shirley Mosczynski called the meeting to order at 7:07 pm. In attendance: Paula Brouillette, Edward Therrien, and Administrative Assistant Suzanne Kane. Rich Preston, David Furno, and Michael Guzinski were absent.

Other staff and citizens: Fire Chief Gonynor, Police Chief Foley, Town Engineer William Cundiff, Building Commissioner Adelle Reynolds, William Pybas, Louis Tusino, Mitch Cohen, Anthony Hayes, Stephen Pucci, Denise Skowronski, Kathleen Hayes and Tribune Reporter Tom Mattson.

2. Octoberfest Appointment:
In the agenda is an Application for David Branagan of 24 Parker Court for the Octoberfest Committee, dated March 10, 2005; an emails between Suzanne Kane and Tony St. Pierre, re: Octoberfest; a letter to the Board of Selectmen, from the Octoberfest Committee, dated March 22, 2005, re: New Member Appointment. Paula Brouillette made a motion to appoint David Branagan to the Octoberfest Committee for a term ending June 30, 2005. Edward Therrien seconded the motion. All – aye.

3. Chairman’s Announcements:
No announcements.

4. Citizen’s Forum:
No citizens came forward.

5. GBI – William Pybas:
In the agenda is a Division of Land Plan, A.M. 285, Lot 1 Winter Street, January 2005 revised February 16, 2005. William Pybas and Louis Tusino GBI, Inc. came forward. William Pybas reported that GBI had gone before the Planning Board last month with proposed lots on Winter Street. They want improvements to Winter Street and were told to go to the Board of Selectmen. They went to Town Clerk Christine Furno and provided a certificate showing Winter Street was accepted as a public road at a Special Town Meeting on January 12, 1976 which was handed out. William Pybas stated they need approval to improve the road at no cost to the Town and to cross over Town property. Paula Brouillette asked how they would define improvements to the road. Louis Tusino stated the road is impassable; they would do clearing, and any drainage that needed to be done – similar to what they did on Walnut Street. Shirley Mosczynski asked if the road goes through to Rhode Island and if so what the status in RI is. Louis Tusino stated it does go into RI and is approved in RI. He stated the people bordering RI have a game preserve and don’t want a road. William Pybas stated the road would have to be widened. Shirley Mosczynski asked if the Board says OK, will they come in with a plan to which William Pybas answered yes. Shirley Mosczynski asked about the people who do not want the road, how do they access the property. William Pybas stated they access the road from Wallum Lake Road. Their plan is to improve the road up to the access of their two lots which is about ½ mile. William Cundiff recommended the Board have Mr. Tusino prepare a plan showing the scope of work and a cross section of the road. He stated he was also thinking the should include a turn around at the end. William Pybas stated that is what they did on Walnut Street. William Cundiff stated the 1976 STM voted on a Town Street Map. Winter Street shows up as a public way on that map. He stated he feels that is where he thinks Christine Furno got her certification from. The 1976 Map listed Winter Street as an abandoned Street. Shirley Mosczynski asked if there were some trees cleared. Louis Tusino stated they were on his lots. William Cundiff stated he is not disputing whether it is a public way or not. He feels this is a good way to get both parties working for the good of everyone. He stated he is looking for a plan; the standard is not going to be sub-division standards – he’s looking for between what is out there today and a sub-division. Shirley Mosczynski asked Mr. Tusino if the rest of his land will be a sub-division to which Mr. Tusino stated no, just lots. Shirley Mosczynski stated that two Board members were not here and she would like to have this item on their agenda for the 19th. Consensus to have this on the agenda for April 19th with their plan. Shirley Mosczynski stated that if it is a good plan the Board would not say no.

6. Liquor Violation Hearing:
In the agenda is a document entitled “Bailey’s Timeline”, Liquor Violation Hearing Procedures; Douglas Police Department Log for call number 05-1973; a certified letter to Anthony Hayes, from Suzanne Kane, dated March 16, 2005; USPS Tracking Confirmation for Anthony Hayes; certified letter to Anthony Hayes, from Suzanne Kane, dated February 15, 2005; a memo to the Board of Selectmen, from Suzanne Kane, dated March 2, 2005, re: Bailey’s; the ABCC Blue Book Local Licensing Authority Violations Organizational Chart; a Memorandum to Municipal Clients, from Town Counsel re: Liquor Licenses; MGL c138, §2 Alcoholic Liquor - Manufacture and sale of alcoholic beverages; MGL c138, §12 – Alcoholic Liquors – Licenses authorizing sale of beverages to be drunk on premises; veterans’ organizations, corporation, etc.; suspension or revocation; hours of sale; liqueurs and cordials; MGL c138, §64 – Alcoholic Liquors – Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds; MGL c138, §65 – Alcoholic Liquors – Delivery of license upon suspension, revocation, cancellation or forfeiture; MGL c138, §67 – Alcoholic Liquors – Appeals on refusal to grant or revocation of license; hearing; notice of approval; revocation by commission; re-appeal; and MGL c138, §62 – Alcoholic Liquors – Penalty; handed out prior to the meeting is a memo to the Board of Selectmen, from Suzanne Kane, dated April 4, 2005, re: Bailey’s; and ABCC Blue Book Licensing Procedure. Shirley Mosczynski opened the Liquor Violation Hearing at 7:45 pm by reading the notice of hearing hand delivered to Anthony Hayes on March 25, 2005. She then read the Liquor Violation Hearing Procedures. Shirley Mosczynski asked Administrative Assistant Suzanne Kane and Anthony Hayes to stand and be sworn in. Suzanne Kane read from “Bailey’s Timeline” which read as follows: December: Suzanne Kane heard that Michael Boothby had left the partnership. When Anthony Hayes came in for renewal she told him he would have to submit a Change of Managers. He told her that it was being handled by his lawyers and the paperwork would not be ready until February. February 15, 2005: Suzanne Kane sent Anthony Hayes a certified letter giving him a deadline to return paperwork to her by the end of February. (See Letter dated February 15, 2005). February 24, 2005: Suzanne Kane ran into Anthony Hayes as she was leaving the building for a Doctors appointment. He stated he would not have the paperwork for her. She told him to call her. March 1, 2005: Suzanne Kane called Anthony Hayes after not hearing from him. He stated the Bank is holding the paperwork up. Suzanne Kane told him she would be calling ABCC concerning this matter. Suzanne Kane called ABCC’s Investigator Keith Keady and was told that Anthony Hayes is in violation and the Board of Selectmen need to hold a hearing. She also learned there was additional change paperwork he needed to do. (See Memo dated March 2, 2005). March 15, 2005: At the Board of Selectmen’s meeting Suzanne Kane asked the Board to Hold a Hearing on April 5th. The Board voted to support holding a Hearing. March 16, 2005: Suzanne Kane sent a registered letter to Anthony Hayes for notification of the hearing. She also called and left a message on his cell phone about the hearing and that there were more items he had to change with ABCC. Suzanne Kane reported that Michael Boothby came in to ask about the Hearing. He stated he would like to attend the Hearing since he is also anxious for this to be resolved because he is still liable for the business. March 25, 2005: Suzanne Kane checked USPS website to see if Anthony Hayes had picked up his letter yet. He was notified on March 18, 2005 but he had not picked it up. Suzanne Kane testified she then asked the Police Department to hand deliver the letter. (See Police Log dated March 25, 2005.). Suzanne Kane then testified that she called Anthony Hayes on April 4, 2005 to confirm that he would be at the Hearing. He told her he had someone interested in purchasing the business so filled the paperwork out over the weekend. When he brought the paperwork in he stated he did not bring in the Purchase and Sales showing the Stock Transfer because he didn’t need it. He also felt he did not need to advertise. Suzanne Kane testified that Anthony Hayes stated he did not need the purchase and sale because there was no purchase and sale. He stated Michael Boothby’s stock was turned back into the company and was un-attached. Suzanne Kane asked Anthony Hayes if she explained that correctly and he stated she had. Suzanne Kane then testified that while Anthony Hayes was in the office she called Keith Keady of ABCC concerning the Purchase and Sales. Keith Keady stated the Board should get an affidavit from Michael Boothby stating he was not forced out of the business and no financial consideration was being paid to him. Shirley Mosczynski asked Anthony Hayes if he stipulates to the facts as presented by Suzanne Kane. Anthony Hayes stated he concurs. Shirley Mosczynski asked Anthony Hayes why he did not work with Suzanne Kane to get the paperwork done. Anthony Hayes stated he was trying to refinance. He stated he feels he was not made aware of the importance of the process. Suzanne Kane told Anthony Hayes that she had questions about the paperwork he had Michael Boothby’s Lawyer fax over and had planned to talk to him about it later. Shirley Mosczynski told Anthony Hayes that as the business owner he is responsible for keeping himself informed even if it means calling ABCC himself. Anthony Hayes stated that he, Suzanne Kane and even ABCC did not know what they were doing. Suzanne Kane testified that when she called ABCC the first time they questioned why she was so involved; they said it was up to Anthony Hayes to work with his lawyer and get the paperwork in. Anthony Hayes stated he thought the Board would just continue or cancel this hearing and approve his application for the changes. Paula Brouillette asked if they have any dates for the Hearing. Suzanne Kane referring to the Licensing Procedure stated that Anthony Hayes has to advertise within 10 days of filing and the Hearing could not be sooner than 10 days of the advertising. She stated that if Anthony Hayes could get his ad in by April 8th they could have the Hearing on April 19th. Anthony Hayes stated that was doable. Paula Brouillette made a motion to continue the Liquor Violation Hearing until May 3, 2005. Edward Therrien seconded the motion. All – aye. Paula Brouillette made a motion to hold a Hearing for the changes to MBTH, Inc., d/b/a Bailey’s on April 19th, 2005, Edward Therrien seconded the motion. All – aye. Suzanne Kane told Anthony Hayes that she would write the advertising notice and he would be responsible for getting it into the paper.

7. Acceptance of Public Ways – Town Engineer William Cundiff:
In the agenda is a memo to the Board of Selectmen, from Town Engineer William Cundiff, dated March 16, 2005, re: Acceptance of Public Ways; a memo to William Cundiff, from Ida Ouillette, dated March 15, 2005, re: Acceptance of Public Ways; and a memo to William Cundiff, from Town Counsel, dated March 11, 2005, re: Laurel Heights – Tucker Landing. Town Engineer William Cundiff came before the Board. He stated he is asking for a policy for accepting public ways but is willing to wait for the whole Board to be present. William Cundiff stated that over the past several years a problem has arisen because individual parcels were deeded out differently by different attorneys. Some lawyers conveyed the fee interest to the centerline of the road and some did not. It’s not a problem until you have different lawyers who do not use the same standards to deed off. William Cundiff stated he wants to see if the Town wants ownership or easement – there is a difference of opinion between Town Counsel and Staff. He asks that the Board adopt a policy internally then Planning will issue conditions. William Cundiff stated that the Planning Board is waiting for the Board of Selectmen to make a decision first. Consensus to place on the agenda for April 19th.

8. Public Safety Policy’s:
In the agenda is a memo to the Board of Selectmen, from Michael Guzinski, dated March 22, 2005 re: Ratification of Public Safety Radio, Procedures and the Fire Department Daytime Coverage Policy; a copy of Public Safety Radio Procedures Town of Douglas; a copy of Douglas Fire Department Daytime Coverage Policy; and a memo to Chief Foley and Chief Gonynor, from Suzanne Kane, dated March 23, 2005, re: Selectmen’s Meeting. Chief Gonynor reported that a Radio Policy was discussed at the Safety Committee meeting. He stated that a lot of communities have a frequency to keep in radio contact with each department. Over the years, Douglas has acquired funds from a grant to get a cell tower but not every Town vehicle has the operability to use it. Chief Gonynor stated they could build up to having all vehicles equipped over time from the grant money. Chief Gonynor reported that a lot of communities find this is working well since the Highway trucks are out as much as the Police cruisers. Edward Therrien made a motion to approve the “Public Safety Radio Procedures for the Town of Douglas” as presented. Paula Brouillette seconded the motion. All – aye. Chief Gonynor went on to report that concerning the daytime coverage at the Fire Department – they have always had a “gentleman’s agreement”. This policy states its ok to leave your job to go to a call. Chief Gonynor recounted an incident when a call firefighter who was employed by the School got in trouble for going to a fire and not getting back to work on time. He and Edward Therrien sat down with the School Superintendent and eventually squared things out. Chief Gonynor reported that there have been times when the Highway Department is totally disabled because of a fire. Chief Gonynor asked that if the Board ratified the policy could they pass it out to all employees. Paula Brouillette asked if this was mainly for other departments in Town –how does this affect other businesses. Chief Gonynor stated that is up to the individual – he has no control over the private field. Paula Brouillette asked if the policy has been reviewed by other departments. Chief Gonynor stated that right now it only applies to the Highway Department and Water/Sewer. He stated this is only a policy – not etched in stone and can be changed as needed. Paula Brouillette made a motion to approve the Douglas Fire Department Daytime Coverage Policy as presented. Edward Therrien seconded the motion. All – aye.
 Grant: Shirley Mosczynski reported that Chief Gonynor had asked for the Boards support in securing a grant from the Department of Homeland Security’s Assistance to Firefighters to replace the 1976 Maxim aerial ladder truck. To that end, Shirley Mosczynski drafter letters to Senator Kerry, Senator Kennedy, and Representative Neal. Edward Therrien made a motion to forward the letters as presented. Paula Brouillette seconded the motion. All – aye. Chief Gonynor reported that he has applied for grants the past three years – he needs support.

9. Town Use: Friends of Preschool & Kindergarten; DHS Class of 2006:
 F.O.P.K.:
In the agenda is an Application for Use of Town Property from Friends of Preschool & Kindergarten (F.O.P.K.), to use the land between the Highway Department and Fire Station, June 11th from 9 am to 3 pm for a yard sale. Denise Skowronski of 111 Maple Street and Kathleen Hayes of 40 Pond Street came before the Board. Shirley Mosczynski read the Application for Town Use with conditions/restrictions. Edward Therrien made a motion to approve the Application for Use of Town Property from Friends of Preschool & Kindergarten (F.O.P.K.), to use the land between the Highway Department and Fire Station, June 11th from 9 am to 3 pm for a yard sale as presented. Paula Brouillette seconded the motion. All – aye. Denise Skowronski asked the Board permission to place a sign out in advance. Shirley Mosczynski directed them to talk to Building Commissioner Adelle Reynolds.
 DHS Class of 2006: In the agenda is an Application for Use of Town Property from DHS Class of 2006, to use the Fire Station on April 30th and June 18th from 9 am to 2 pm for a car wash. Shirley Mosczynski read the Application for Town Use with conditions/restrictions. Paula Brouillette made a motion to approve the Application for Use of Town Property from DHS Class of 2006, to use the Fire Station on April 30th and June 18th from 9 am to 2 pm for a car wash as presented. Edward Therrien seconded the motion. All – aye.

10. Permanent Building Bylaw Study Committee:
In the agenda is a letter to the Board of Selectmen, from Capital Improvement Committee Chair Mitch Cohen, dated March 24, 2005, re: Permanent Building Bylaw Study Committee. Mitch Cohen came before the Board on behalf of the Capital Improvement Committee to request the Board of Selectmen to create a committee to formally study and propose a Permanent Building Committee Bylaw. Mitch Cohen read from his letter. He read that “the primary purpose of the bylaw the committee is to propose will be to create a Permanent Building Committee to oversee all construction projects undertaken by the Town of Douglas. The Permanent Building Committee will work with policy boards and department heads to research, develop plans, and oversee construction of building projects. The Study Committee should formalize this relationship, membership, roles and responsibilities of the Permanent Building Committee”. Mitch Cohen also pointed out that according to MGL Chapter 71, §68, the School Committee has the authority to appoint at least one member or designee to any committee planning or constructing a school building. Paula Brouillette made a motion to approve the creation of a Permanent Building Bylaw Study Committee as presented. Edward Therrien seconded the motion. All – aye. Mitch Cohen asked if the Board would like names for members. Shirley Mosczynski stated they could leave that for a future meeting.

11. Plumbing Inspector:
In the agenda is a letter to the Board of Selectmen, from Joseph Saster, dated April 1, 2005. Shirley Mosczynski read the letter from Joseph Saster regarding the construction of the new Waste Water Facility and his role as Water Sewer Commissioner, Plumbing, and Gas Inspector and his desire to continue doing his job as Plumbing Inspector during the construction phase of the Treatment Plant upgrade. Shirley Mosczynski stated the letter is due to some possibilities of conflict of interest. Paula Brouillette asked if they should have a disclosure. Building Commissioner Adelle Reynolds stated that is what the letters intent is. She stated the Water/Sewer project manager is Beta and the Commission overlooks what they are doing. Adelle Reynolds stated the issue came up because Joseph Saster had asked the Alternate Plumbing Inspector Florendo Colonero to do the inspections. Florendo Colonero does not want to be responsible. Joseph Saster called the Ethics Commission but they will not have anything in writing for four weeks. Adelle Reynolds stated there are Engineers of Record who do inspections. Paula Brouillette asked if the disclosure is from Town Counsel. Adelle Reynolds stated it was suggested by Town Counsel. Paula Brouillette made a motion to accept the letter from Water / Sewer Commissioner Chair Joseph Saster as written. Edward Therrien seconded the motion. All – aye.

12. Budget Discussion:
Shirley Mosczynski reported that she received information from Town Accountant Rich Mathieu on FY06 Net School Spending in a memo dated April 5, 2005 and override impact numbers from Assessors’ Assistant Ida Ouillette. Shirley Mosczynski read a section of the MMA Action letter entitled, “Tell Legislators: Gov.’s Fiscal 2006 Local Aid Plan Inadequate” which states the House Ways & Means Committee’s proposed budget includes no increases in aid over the levels in the Governor’s January submission. The House budget debate will begin on April 25th. Shirley Mosczynski suggested having a letter drafted by Michael Guzinski to the legislators asking to increase monies to the Town & Schools. Paula Brouillette stated the 4-Town group is having a meeting April 21st at 7:00 pm in Sutton which will be attended by some legislators – the 4 towns put something together for that meeting. Shirley Mosczynski reminded the Board that the Finance Committee would be meeting with the Schools on the 12th. Stephen Pucci of 64 Pond Street questioned the override figures – he had spoken to the Assessors Office and using their formula he was coming up with different numbers. Shirley Mosczynski encouraged him to speak with the Assessors Office again. Stephen Pucci thanked the Board for entertaining his questions and told them they were doing a good job.

13. Minutes:
 October 5, 2004:
Paula Brouillette made a motion to approve the minutes of October 5, 2004 as presented. Edward Therrien seconded the motion. All – aye.
 October 5, 2004 – Executive Session: Paula Brouillette made a motion to approve the minutes of October 5, 2004 – Executive Session as presented and not release. Edward Therrien seconded the motion. All – aye.
 November 16, 2004: Paula Brouillette made a motion to approve the minutes of November 16, 2004 as presented. Edward Therrien seconded the motion. All – aye.
 March 22, 2005: Edward Therrien made a motion to approve the minutes of March 22, 2005 as presented. Paula Brouillette seconded the motion. All – aye.
 March 22, 2005 – Executive Session: Paula Brouillette made a motion to approve the minutes of March 22, 2005 – Executive Session as presented and not release. Edward Therrien seconded the motion. All – aye.
 March 15, 2005: Paula Brouillette had a question on the free cash amount. Consensus to hold the minutes until amount could be verified.
 March 15, 2005 – Executive Session: Paula Brouillette had a question on a date. Consensus to hold the minutes until date could be verified.


14. Executive Session – Contract Negotiations:
This item rescheduled for April 19th when there is a full Board.

15. Old / New Business:
Old:
 Stockpile on Rt. 16:
Shirley Mosczynski reported that they received a memo from the Steve Zisk, Planning/Conservation Agent, dated April 5, 2005, re: Stockpile of material located off Rt. 16 at the Old GBI gravel pit site. Shirley Mosczynski read the memo which stated concerns from the Conservation Commission regarding the problem of silt and runoff that is leaving the old GBI gravel pit site on Davis Street. The Conservation Commission requests that by April 19th the stockpile either be removed or knocked down and spread out. Shirley Mosczynski stated that this is the 2nd or 3rd time this has happened – something needs to be done. She suggested Edward Therrien, Steve Zisk, Michael Guzinski, and School Facilities Manager Robert Kozlowski sit and resolve the issue. Paula Brouillette suggested that when they do a review of municipal property they need to figure out what they would do with it – using this property for storage is not working out.

16. Adjournment:
Paula Brouillette made a motion to adjourn at 9:08 pm. Edward Therrien seconded the motion. Edward Therrien seconded the motion. All – aye.

Respectfully submitted,


Suzanne Kane
Administrative Assistant
Suzanne Kane
Moderator
Moderator
 
Posts: 595
Joined: Wed May 25, 2005 2:01 pm

Return to 2005 Selectmen Meeting Agendas and Minutes

Who is online

Users browsing this forum: No registered users and 2 guests

cron