BOS - May 19, 2015

BOS - May 19, 2015

Postby Suzanne Kane » Wed Jun 24, 2015 12:45 pm

Board of Selectmen
Agenda
May 19, 2015
Municipal Center Resource Room


7:00 PM

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

1. Re-Organization

2. EDC Appointment - Landry

3. Class II Application – Shenian – 137 South Street

4. Pyne Sand & Stone Co. – Earth Removal Permit Waiver

5. Good Energy – Outline of The Aggregation Program

6. Chapter 61 – Right of 1st Refusal - Keevan

7. Accept Monroe Street Easement

8. DOT Project Eligibility Notification Letter

9. DCR Letter – Discussion

10. Review and Approve BOS Operating Policies

11. Annual Appointments – Initial Review

12. Town Administrator’s Evaluation

13. Minutes – April 21, 2015

14. Administrator’s Report – Summer Meeting Schedule

15. Old/New Business

16. Adjournment
_______________________________________________________________________________________________
Future Agenda Items:

June:
Annual Appointments; Aggregation Program- Oral Comments

TBD: Govt Study Discussion; Update Master Plan; Housing Plan/Housing Authority, ConEd Gift
_______________________________________________________________________________________________
_______________________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
May 19, 2015
Approved June 16, 2015


Call to Order

Mr. Guzinski called the Board of Selectmen (BOS) meeting to order at 7:03 PM in the Resource Room of the Municipal Center.

ATTENDANCE:
Board: Mike Hughes (Chairman), Hal Davis (Absent-Excused), David Cortese, Kevin Morse (Vice Chairman), Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant-Absent-Excused)
Other Staff and Citizens: Atty. Rich Bowen, Phil Landry, Jim Pyne, John O’Rourke (Green Energy)

• Pledge of Allegiance (00:12)

• Chairman’s Announcements (00:41)
Mr. Hughes stated that Mr. Brown’s last meeting was May 5, 2015. He and Mr. Morse thanked him for his years of service. Mr. Guzinski concurred.

• Citizen’s Forum (01:14)
No citizens came forward.

1. Re-Organization (01:17)
Mr. Bonin made a motion to appoint Mike Hughes as Chairman of the Board of Selectmen. Mr. Morse seconded the motion. All-Aye.
Mr. Hughes took over as Chairman of the meeting.
Mr. Bonin made a motion to appoint Kevin Morse as Vice Chairman of the Board of Selectmen. Mr. Cortese seconded the motion. All-Aye.

2. Economic Development Committee (EDC) Appointment (02:51)
In the packet is an application from Phil Landry, along with related emails.
Mr. Bonin and the Board welcomed Mr. Cortese as a new member of the BOS.
Mr. Guzinski stated that the EDC supports Mr. Landry’s appointment. Mr. Landry joined the meeting. Mr. Landry stated that he would like to help to get more businesses into the Town to spread the tax burden. He explained his reasons for becoming involved.
Mr. Morse made a motion to appoint Phil Landry to the Economic Development Committee for a term ending June 30, 2017. Mr. Bonin seconded the motion. All-Aye.

3. Class II Application: Shenian, 137 South Street (06:25)
In the packet is a new Class II application, bonds, Certificates of Insurance, a letter from Denis Bouthiller dated March 30, 2015 and related materials.
Mr. Guzinski stated that Mr. Shenian will be leasing the property. There is a letter in the packet from the owner of the property giving his permission for Mr. Shenian to use the property. The application is for four vehicles. As far as Mr. Guzinski knows, all the boards have approved this. He is asking for the BOS to make their approval contingent upon receiving those final approvals.
Mr. Shenian joined the meeting. He stated that there will probably never be more than one to two vehicles on the lot. He has a regular 10 hour/day job, and auto sales will be by appointment. Denis Bouthiller has a lift in the garage that he can use. Mr. Shenian was unable to get approval for a place on Glen Street. He anticipates selling pickup trucks in the range of $4,000-$8,000.
Mr. Bonin made a motion to approve the Class II Application for Jonathan Shenian contingent upon receiving final approval from all the boards. Mr. Cortese seconded the motion. All-Aye.

4. Pyne Sand & Stone Co.: Earth Removal Permit Waiver (10:53)
In the packet is a letter from James Pyne dated May 13, 2015, a letter from William Cundiff, a plan, map and related materials.
Mr. Guzinski stated that Mr. Pyne submitted a request applying for a second Earth Removal Permit for his property on Northeast Main Street. The BOS did waive a bylaw requirement that prohibits excavation within 100’ of a property line for the first Special Permit in 2014. Mr. Pyne of Pyne Sand & Stone joined the meeting. The Planning Board has the authority to grant the waiver.
The project site abuts Town property, which is open space.
Jeremy Flansburg, 63 Monroe Street joined the meeting. He stated that the waiver that is being presented tonight is different than what was granted in Phase 1. This waiver allows Mr. Pyne within four feet of the Town’s property for Phase
2. Mr. Flansburg stated that Mr. Pyne has been in violation of the hours of operation, trucks travelling on Monroe Street, and he is encroaching on a cold water fishery and a perennial stream. He does not know why 34 Davis Street is on the permit. There have been ongoing dust issues. Mr. Flansburg is concerned about the safety of children due to having a large hole in a village residential neighborhood. Thirty neighbors are against this project. He begged the BOS to not support the waiver.
Mr. Guzinski stated that the Town Engineer stated that the waiver brings the excavation to within 18’ of town-owned property.
Mr. Pyne feels Mr. Flansburg’s statements are inaccurate. He asked the BOS to communicate with the Town Engineer about the alleged violations. He has stayed 100’ away from the rest of the abutters on Monroe Street.
Mr. Flansburg and the abutters are concerned about their wells, traffic issues, dust and the decrease in their property values.
Mr. Pyne stated that he does plan to remove material from 34 Davis Street, and the access to the site is the same as has been used since last October. He has an approved crossing to the brook.
Mr. Hughes is not sure how 82’, one way or the other, changes the scope of the project significantly. Mr. Pyne stated that the end goal of the project is a subdivision.
Mr. Morse is concerned about the impact to well water. Mr. Pyne stated that they are well above the water table. Mr. Flansburg stated that the current project has not had a negative impact to well water so far.
A discussion was held. The BOS respects Mr. Flansburg’s concerns, however it was felt that the Planning Board is best equipped to make the decision.
Mr. Morse made a motion to not object to the Earth Removal Permit Waiver for Pyne Sand & Stone Co. Mr. Bonin seconded the motion. All-Aye.

5. Good Energy-Outline of the Aggregation Program (38:55)
In the packet is a municipal aggregation document.
Mr. O’Rourke of Good Energy joined the meeting. He gave a review of progress to date. Residents passed an article at the recent Town Meeting to allow the BOS to research and develop an aggregation plan. The Town is not committed to anything. Since then, Mr. O’Rourke has dropped off plans to Mr. Guzinski, which are required to be put out for public review for a two week period. Mr. Guzinski stated that the plans have been posted on the Town’s website.
Mr. O’Rourke outlined the process going forward. Tomorrow he is meeting with the Dept. of Energy Resources to start the consultation process. They have submitted 21 sets of aggregation documents, and he and Mr. Guzinski are working to get Douglas included with this next set of aggregates.
Mr. O’Rourke expects the process go through the end of August. Once the documents are approved, a bid is put together to go out to the suppliers of electricity to bid on the load of 225,000 households. They are looking for a rate that is below the average of the summer and winter rates.
A lengthy discussion was held, including opt-out options and a ruling in the City of Lowell. Mr. Hughes read some of the highlights of the documents. June 2, 2015 is the date of the public meeting for this topic.

6. Chapter 61-Right of First Refusal-Keevan (73:19)
In the packet is a notice to take land out of Chapter 61, a letter from Atty. Julie Palmaccio dated April 13, 2015, a Purchase and Sale Agreement and related materials.
Mr. Guzinski stated that the Planning Board, Conservation Commission and Open Space all recommend that the BOS not exercise their right of first refusal.
Mr. Bonin made a motion to not exercise the Town’s Right of First Refusal for Elaine C. Keevan. Mr. Morse seconded the motion. All-Aye.

7. Accept Monroe Street Easement (74:18)
In the packet is a memo from William Cundiff dated March 3, 2015, a map, a Grant of Easement, and related materials.
Mr. Guzinski explained that Monroe Street extends beyond the public way layout onto private property. The owner has agreed to gift an easement to the Town to allow the Town to continue to use this area. Town Meeting has approved this grant of easement.
Mr. Bonin made a motion to accept the grant of easement for Monroe Street. Mr. Cortese seconded the motion. All-Aye.

8. DOT Project Eligibility Notification Letter (75:41)
In the packet is a letter from the Mass. Dept. of Transportation (DOT) dated April 24, 2015.
Mr. Guzinski stated that the federal government has decided that a four mile stretch of Rte. 16 from Webster to Main Street in Douglas should have a major reconstruction. The amount may be $2.64 million, although that number still has some movement. There has been a meeting with Mass DOT. Mr. Guzinski described some of the work to be done. Construction could start next summer or spring of 2017. The Town would need to take any easements that are needed. The Town is investigating to see if they can use Chapter 90 monies for this.

9. DCR Letter-Discussion (79:41)
In the packet is a letter from the DCR Commissioner dated April 9, 2015, a letter from Michael Hughes dated May 19, 2015 and related materials.
Mr. Hughes suggested this discussion be tabled until the next meeting.

10. Review and Approve BOS Operating Policies (80:13)
In the packet is the Town of Douglas Operating Procedures and Policies.
Mr. Hughes stated that the policies were approved in 2011. Mr. Guzinski stated that no changes have been made. There were no comments or concerns from the BOS.

11. Annual Appointments-Initial Review (81:17)
In the packet is a list of all the annual appointments for FY16.
Mr. Guzinski stated that the names in green are up for reappointment and Ms. Kane has heard back from those that are up for reappointment about whether or not they are willing to serve again. The actual appointments will be made in June.

12. Town Administrator’s Evaluation (84:09)
Mr. Hughes stated that Mr. Guzinski received an average score of 84.2 out of 100. The scores ranged from 74 to 91. Overall, everyone is pleased with Mr. Guzinski’s performance over the last year. Mr. Hughes presented some of the general comments, strengths and weaknesses. He will give Mr. Guzinski the individual evaluations. Mr. Guzinski thanked the members of the BOS and Ms. Kane and all the department heads and staff for their hard work and support.

13. Approval of the Minutes (92:02)
April 21, 2015: Mr. Bonin made a motion to approve the minutes of the April 21, 2015 Board of Selectmen meeting as presented. Seconded by Mr. Morse. Aye-3, Mr. Cortese abstained.

14. Town Administrator’s Report –Summer Meeting Schedule (92:39)
In the packet is a proposed summer schedule, a letter from John Murphy, a map and related materials.
Mr. Guzinski presented the recommended meeting schedule for the summer. The BOS made no changes.
Mr. Guzinski received correspondence from John Murphy, a Trustee of the Walter T. Murphy Realty Trust, who is interested in donating land to the Town. It is a 5.49 acre landlocked parcel, which abuts the Douglas High School. Mr. Guzinski recommended putting this item on the warrant of the Fall Town Meeting for acceptance. The BOS agreed to put this item on an upcoming agenda to confirm its placement on the Fall Town Meeting warrant.

15. Old/New Business (92:20)
Old Business: Mr. Guzinski stated that the Highway Dept. plans to pave the entranceway to Martin Street Park with the first major paving in Town this summer. He will check with John Furno for an anticipated date.
New Business: Mr. Morse stated that, considering the difficult financial situation of the school’s budget, he reached out to the local senator to look into regionalizing the Douglas school system. He would like to present data at the next meeting for discussion and potentially have a motion into starting an investigation.
At the next meeting, he would also like to propose holding joint School Committee, BOS and Finance Committee quarterly meetings to discuss the overall financial situation of the Town. He would like to have Rep. McKenna and Sen. Fattman at some of those meetings. A discussion was held.
It was agreed to place both items on the next agenda.
Mr. Bonin would like to meet with DCR before the start of summer. He wanted the townspeople to know that the BOS remains committed to making things change for the better, regarding the state park. Mr. Guzinski feels that progress is being made, but nothing is concrete yet, and he is working to set up that meeting with DCR.

16. Adjournment (111:33)
Mr. Morse made a motion to adjourn the meeting at 8:54 PM. Mr. Bonin seconded the motion. All – Aye.


Respectfully submitted,


Mary Wright, Recording Secretary
Suzanne Kane
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