BOS - October 22, 2013

BOS - October 22, 2013

Postby Suzanne Kane » Thu Oct 17, 2013 12:35 pm

Board of Selectmen
Agenda
October 22, 2013

7:00 PM

• Call to Order
• Pledge of Allegiance
• Chairman’s Announcements
• Citizen’s Forum

1. Financial Policies Discussion

2. Approve & Sign STM Warrant

3. Route 16 Auto Sales – Complaint Discussion

4. Route 16 Auto Sales – Application to change to LLC & Expand License

5. Appointment – ZBA Alternate Member

6. Junk Dealer License Approval

7. Minutes: October 1, 2013

8. Administrator’s Report

9. Old/New Business

10. Executive Session – Litigation

11. Adjournment
_______________________________________________________________________________________
Future Agenda Items:

Nov. 5th:
OPEB Trust; Tax Hearing (7:30 PM); Assessor (joint Appointment w/Assessors until next election); Historical Commission Appointment

TBD: Gvmt Study Discussion; Update Master Plan/Housing Authority
__________________________________________________________________________________________
__________________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
October 22, 2013
Approved November 5, 2013

Call to Order

Mr. Bonin called the meeting to order at 7:00 PM in the Resource Room of the Municipal Center.

ATTENDANCE:
Board: Tim Bonin, Keith Brown, Hal Davis (Absent), Mike Hughes, Kevin Morse (left the meeting from 7:40-7:45 PM), Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant).
Douglas Police: Chief Patrick Foley, Lt. Nick Miglionico
Other Staff and Citizens: Atty. Rich Bowen, Jeanne Lovett (Finance Director), Cheryl Vaidya (Treasurer/Director), Clark Rowell (Fiscal Advisor), Adelle Reynolds (Building Commissioner), Ken Mandile (President, Worcester Tea Party), Griffin Powers, Michael Fitzpatrick, Suzanne Ward, and Janet Stoica (Telegram & Gazette)

• Pledge of Allegiance (00:10)

• Chairman’s Announcements (00:31)
There were no announcements.

• Citizen’s Forum (00:32)

1. Financial Policies Discussion (02:21)
In the packet are a National Defense Authorization Act Fact Sheet, a PANDA Information Sheet and related materials.
Ms. Lovett, Ms. Vaidya and Mr. Rowell joined the meeting. Mr. Guzinski stated that they need to borrow the remainder of the funds for the school project. He has been meeting with the School Building Committee (SBC), the Owner’s Project Manager and architect to come up with appropriate numbers and timing for the borrowing. Mr. Rowell discussed several options. The original planned cost to the town was projected at $23.5 million. The town has borrowed $20 million already. The scheduled bond sale date is November 19, 2013. Mr. Rowell will be back to the BOS on November 19, 2013 to approve the sale and sign documents.
Ms. Lovett is concerned with the federal interest rates going up in January. She will have an amount from the SBC by November 8, 2013. She described the unique nature of this borrowing. A discussion was held.
Mr. Guzinski stated that the end of January completion date for the school project will be pushed back to March or April. It does not look like the schools will be moving until the summer. Mr. Bonin is concerned that the town will take ownership of a building that will not have children in it because the one-year warranty starts the day the town takes ownership. Mr. Guzinski will have conversations with the general contractor about extending that warranty.
Mr. Guzinski is hopeful that the town will be able to maintain their bond rating.
Ms. Vaidya spoke about the auction of 19 town-owned properties, which will occur October 29, 2013. Registration begins at 10:00 AM.

2. Approve and Sign STM Warrant (15:50)
In the packet are the Special Town Meeting Warrant, a letter from Chief Patrick Foley dated October 17, 2013, a letter from Officer Aaron McLaughlin dated March 18, 2013 and related materials.
Mr. Guzinski presented the up-to-date warrant for the town meeting being held on November 18, 2013 at 7:00 PM. He briefly reviewed the warrant articles.
Article 1: Increase Town Accountant wages: Mr. Guzinski strongly recommends additional hours for the Assistant to the Town Accountant.
A discussion was held regarding the $2,000 for a Board of Health Assistant.
Article 10: Resolution regarding the National Defense Authorization Act (NDAA). Mr. Mandile joined the meeting stating that in 2012, the NDAA declared the United States a battlefield and allows the President to decide when and to whom the Constitution applies. It subjects American citizens to arrest and indefinite detention without a trial. Three states have passed nullification legislation. A discussion was held. Mr. Mandile left the table.
Article 4: Mr. Guzinski recommended reducing the “not to exceed” to $210,000.
Article 7: Chief Foley and Lt. Miglionico joined the meeting to discuss the purchase of police cruisers. The Chief explained that this article has been dragging on for four years. He described the condition of the fleet. He asked that the article stay on the ballot to allow the townspeople to decide. A discussion was held.
Mr. Hughes made a motion to approve and sign the Special Town Meeting Warrant as presented. Mr. Morse seconded the motion. All-Aye.

3. Route 16 Auto Sales-Complaint Discussion (1:21:03)
In the packet are a memo from Suzanne Kane dated October 17, 2013, a series of emails from George Stanopolous dated September 25, 2013, an article from the Milford Daily News posted December 22, 2009, copies of the complaints and other materials.
Ms. Kane presented the complaint. Mr. Powers joined the meeting and stated that the most expensive car he has sold has been for $3,000, not for $5,000. Mr. Morse asked Mr. Powers about his filing an application in Attleboro. Mr. Powers replied that he never went through with that. Atty. Rich Bowen asked Mr. Powers about the Attleboro application. He also asked about his applications to expand the business and for a new license as an LLC. Mr. Powers stated that he has a bond in the name of the new entity, however Atty. Bowen could only find one for Rte. 16 Auto Sales, Inc. A discussion was held.
Mr. Morse would like more time to review the materials. Ms. Reynolds stated that there are other issues with the business, such as having more cars on the lot than the license allows. There has been no site plan review. Also, on the original business certificate, Mr. Powers stated that there were no employees, however now there are employees.
Ms. Kane stated that the application is not complete. Since there are employees, she needs to have a Workers Compensation Certificate from him and the $100 fee. She also needs a copy of a contract that he has with a repair facility. Ms. Kane stated that all complaints that had come in through the Police Dept. and Ms. Reynolds’ office have been resolved.
Mr. John Hugo, who works for Mr. Powers, stated his opinion that the complaint regarding the sale of a $5,000 vehicle was made up.
Mr. Hughes made a motion to initiate an investigation by the Town Administrator’s Office and the Police Dept. and come back with a report at the meeting on November 19, 2013. Mr. Morse seconded the motion. All-Aye.

4. Route 16 Auto Sales-Application to Change to an LLC and Expand License (1:49:00)
In the agenda are a Class II License Application, a MA Used Car Dealers bond and related materials.
See discussion above, Agenda Item #3.
Mr. Hughes made a motion to continue the Application, Route 16 Auto Sales to November 19, 2013. Mr. Morse seconded the motion. All-Aye.

5. Appointment-ZBA Alternate Member (00:45)
In the packet are an application from Michael Fitzpatrick and related materials.
Ms. Kane presented the application. She stated that Mr. Fitzpatrick has attended ZBA meetings, and the ZBA recommends his appointment. Mr. Brown recused himself and left the table. Mr. Fitzpatrick joined the meeting to present his reasons for joining the ZBA.
Mr. Hughes made a motion to appoint Michael Fitzpatrick to the ZBA as an Alternate Member for a term ending June 30, 2016. Mr. Morse seconded the motion. All-Aye.
Mr. Brown rejoined the meeting.

6. Junk Dealer License Approval (1:49:18)
In the packet are a Junk Dealer License Application from Michele Provencal and related materials.
Ms. Kane presented the license for Michele Provencal, dba Sassy Foxx Consignments.
Mr. Morse made a motion to approve the Junk Dealer License Application for Sassy Foxx Consignments. Mr. Brown seconded the motion. Vote: All-Aye.


7. Approval of the Minutes (1:51:51)
October 1, 2013: Mr. Brown made a motion to accept the minutes of the October 1, 2013 Board of Selectmen meeting as presented. Seconded by Mr. Morse. All–Aye, Mr. Hughes abstained.

8. Administrator’s Report (1:52:23)
Mr. Guzinski reported that he has been in discussions with National Grid regarding a grant program to update lighting and other appliances in municipal buildings. National Grid has surveyed the Municipal Center, the Police Dept., Highway Dept, and Water/Sewer Dept. and found that all four buildings would benefit from a retro fit of lighting fixtures. National Grid will fund more than 50% of the cost. The remainder is funded through the electricity bills. They are looking at a less than two year payback. The town could save $75,000/year. Construction could start as early as late November.
It was the consensus of the board to authorize Mr. Guzinski to move forward.

9. Old/New Business (1:55:50)
Old Business
There was no old business to discuss.
New Business
There was no new business to discuss.

10. Executive Session – Litigation (1:55:57)
Mr. Hughes made a motion at 8:55 PM to go into Executive Session for the purpose of Litigation and to return to regular session for the purpose of adjournment. Mr. Morse seconded the motion.
Roll Call Vote: Tim Bonin – Aye, Keith Brown – Aye, Mike Hughes – Aye, Kevin Morse-Aye.
Mr. Hughes made a motion at 9:20 PM to return to regular session for the purpose of adjournment. Mr. Brown seconded the motion. Roll Call Vote: Tim Bonin – Aye, Keith Brown – Aye, Mike Hughes – Aye, Kevin Morse-Aye.

11. Adjournment (1:56:21)
Mr. Hughes made a motion to adjourn the meeting at 9:20 PM. Mr. Brown seconded the motion. All – Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Suzanne Kane
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