BoS - February 5, 2019 - Revised

BoS - February 5, 2019 - Revised

Postby Suzanne Kane » Thu Jan 31, 2019 3:01 pm

Board of Selectmen
February 5, 2019
Agenda - Revised
Municipal Center Resource Room

7:00 pm

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

1. Joint Appointment w/Library Trustees – Socrat – Possible Vote(s)

2. Review & Vote on Amended Cafeteria Plan – Possible Vote(s)

3. Common Preservation Society’s Request for Financial Relief
– Possible Vote(s)

4. Short-Term Rental Law Advisory

5. Review & Approve Open Meeting Law Appeal Letter – Possible Vote(s)

6. Fire Fighters Contract MOU – Possible Vote(s)

7. Personnel Policies – 2nd Reading

8. Minutes – January 15, 2019

9. Administrator’s Report

10. Old/New Business

11. Executive Session – Possible Litigation & Discuss P.I.L.O.T. Strategy

12. Adjournment
February 5, 2019 - BoS Minutes.pdf
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February 5, 2019
Approved February 19, 2019

Call to Order

Chairman Kevin Morse called the Board of Selectmen (BOS) meeting to order at 7:02 PM in the Resource Room at the Municipal Center.

Board: Kevin Morse (Chair), Tim Bonin, David Cortese (Vice Chair), Hal Davis (Absent), Mike Hughes, Matt Wojcik (Town Administrator), Suzanne Kane (Administrative Assistant)
Library Trustees: Danielle Morrow (Chair), Katherine Anderson, Daina Harvey, Barbara Van Reed, Ellie Chesebrough
Other Staff and Citizens: Atty. Rich Bowen, Jeanne Lovett (Finance Director), Cheryl Vaidya (Treasurer/Collector), Nick Socrat, Fire Chief Kent Vinson, Police Chief Nick Miglionico, Les Stevens, and other staff and citizens.

• Pledge of Allegiance (00:10)

• Chairman’s Announcements (00:26)
There were no announcements.

• Citizen’s Forum (00:39)
Les Stevens of 31 Brookside Drive joined the meeting. In January, 2018, he had discussions with Mr. Wojcik and Atty. Bowen regarding Conservation Commission fees regarding two fees for the same service. Some improper steps were taken when the fees were set up. Town Counsel’s conclusion was that if the MGL procedures and steps were not followed, then the fee is invalid.
Atty. Bowen agreed with Mr. Stevens, however under the Wetlands Protection Act and Chapter 40.8C, the Commission is allowed to adopt certain processing fees different than what was explored earlier. Atty. Bowen suggested he sit down with a member of the department that has the best handle on the fees that were charged the next time he comes to town. He will be asking questions pertinent to Mr. Steven’s two applications and examining the practice that is currently being done.
Mr. Wojcik asked what the goal of the investigation would be. Refunding of fees would cost the Town $72,000. Mr. Wojcik’s interpretation is that an answer has been given multiple times. Mr. Wojcik asked if Mr. Stevens would accept a resolution that going forward, the fee will be foul. A discussion was held.
Atty. Bowen stated that if a fee was assessed incorrectly, there will be a lot of legal issues to deal with. It was decided that Atty. Bowen will meet with the related department, issue a report to Mr. Morse and Mr. Wojcik, and this topic will be placed on a meeting agenda for discussion.

1. Joint Appointment with Library Trustees-Socrat-Possible Vote(s) (14:49)
In the packet is an application and related materials.
Members of the Library Trustees joined the meeting and called their meeting to order at 7:18 PM. Ms. Morrow stated that Ramona Lachapelle has resigned, Ms. Anderson has been appointed to fill that position, and there is another position available, to which Mr. Socrat has applied.
Mr. Cortese made a motion to appoint Nick Socrat to the Library Trustees for a term ending at the next election. Mr. Bonin seconded the motion. Roll Call Vote: Dave Cortese – Aye, Kevin Morse – Aye, Tim Bonin – Aye, Mike Hughes – Aye, Danielle Morrow - Aye, Katherine Anderson -Aye, Daina Harvey - Aye, Barbara Van Reed - Aye, Ellie Chesebrough - Aye.
The Library Trustees adjourned at 7:20 PM.

2. Review & Vote on Amended Cafeteria Plan-Possible Vote(s) (18:37)
In the packet is an amended Cafeteria Plan, Certificate of Resolution, Execution of Agreement and related materials.
Ms. Lovett and Ms. Vaidya joined the meeting. Ms. Vaidya stated that the plan is a pretax plan that allows employees to have their health insurance deductions withdrawn from their gross before they are taxed on the balance. The dates and contacts needed to be updated.
Mr. Cortese made a motion to adopt the Certificate of Resolution as it appears in the packet. Mr. Hughes seconded the motion. Vote: All-Aye.
Mr. Hughes made a motion to authorize the Town Administrator to sign the Certificate of Resolution and Execution of Agreement. Mr. Cortese seconded the motion. Vote: All-Aye.

3. Common Preservation Society’s Request for Financial Relief-Possible Vote(s) (21:52)
In the packet is an email from Teena Porter dated 1/15/19, an email from BettyAnn McCallum dated 11/20/18, an email from Jeanne Lovett dated 1/20/19, minutes from 1997, and related emails and materials.
Ms. Kane stated that the Common Preservation Society is asking the Town to pay for two of their yearly expenses: to turn the water on/off ( $100/yr) at the common and yearly fertilization program ($400/yr). Ms. Lovett’s email states that there are no available funds for FY19, but for FY20 and going forward, there are three options: set up a budget line for the Society, have the Highway Dept. pick up the expenses, or increase the Recreation Commission’s budget. A discussion was held.
Mr. Cortese made a motion to create a budget line item for the Common Preservation Society in the amount of $500. Mr. Hughes seconded the motion. Vote: All-Aye.

4. Short Term Rental Law Advisory (27:44)
In the packet is a Client Advisory from Mead, Talerman & Costa, LLC dated 1/14/19, a letter to Mira Netsky dated 2/5/19, and related memos and materials.
Mr. Wojcik stated that the advisory was forwarded by Land Use Counsel to apprise the BOS of the opportunity to go to Town Meeting and adopt portions of 64G, which deal with short-term rentals. The Town could receive an excise tax of 5.7%.
It was the consensus of the BOS to move forward with the tax and the impact fee.
Mr. Wojcik will draft the articles to include 5D.

5. Review & Approve Open Meeting Law Appeal Letter-Possible Vote(s) (35:27)
In the packet is a letter from Mira Netsky dated 1/24/19, a letter from Charles Kilb dated 1/10/19, a letter from Robert Anderson dated 12/20/18, a copy of the Open Meeting Law G.L. C 30A, sec 18-25, and related materials.
Mr. Wojcik recommended that the BOS move forward and let the Attorney General decide if the proceedings were fair.
Mr. Bonin made a motion to authorize Mr. Wojcik to send the Open Meeting Law appeal letter as presented. Mr. Cortese seconded the motion. Vote: All-Aye.

6. Firefighters Contract MOU-Possible Vote(s) (38:15)
In the packet is a Memorandum of Agreement (MOU) and related materials.
Chief Vinson joined the meeting. A paramedic hired in June will be attending the Fire Training Academy. This paramedic is accustomed to a 50-60 hour/week paycheck. When you go to the Academy, it is strictly 40 hours/week. Chief Vinson and Mr. Wojcik added in mileage and time travelling to put this paramedic close to his current paycheck. Mr. Wojcik stated that, if not for this paramedic’s employment for Douglas, he would not be going to the Academy. This action would not affect the current Firefighters contract.
Mr. Bonin is concerned that the employee would get the training and then leave Douglas’ Fire Department. Mr. Wojcik stated that there is a Constitutional prohibition against indentured servitude.
Mr. Cortese a motion to accept the Firefighters Contract Memorandum of Agreement as presented, and authorized the Town Administrator to sign it. Mr. Bonin seconded the motion. Vote: All-Aye.

7. Personnel Policies Amendment-Second Reading (49:33)
In the packet is “Personnel Policies and Procedures for the Town of Douglas, MA” and related materials.
Mr. Wojcik stated that there have been no changes since the last reading.

8. Minutes: January 15, 2019-Possible Vote(s) (49:43)
Mr. Bonin made a motion to approve the minutes of the January 15, 2019 regular session BOS meeting as presented. Seconded by Mr. Morse. Vote: Aye-3, Mr. Cortese abstained.

9. Town Administrator’s Report (50:50)
The following items were distributed: an Agreement for Joint Negotiation & Purchase of Certain Insurance Coverages (July 1, 2019,) a Budget Estimate for Norfolk Agricultural, Fiscal Impact for Harper’s Payroll Service, and Fiscal Impact Assistant Treasurer.
Mr. Wojcik distributed a draft of the joint agreement for the purchase of health insurance. The meetings of this group will be subject to the Open Meetings Act. The substantive matters are all clearly elucidated in this document. The plan design for a high deductible plan was designed to mirror the Douglas plan. Labor Counsel has been asked if this mirroring will trigger impact bargaining.
The renewal from Harvard Pilgrim includes an 11.8% increase in premiums, which is devastating to Douglas’ budget. The preliminary estimate from the consultant underwriting group for joint purchasing is a 1-2% increase.
Mr. Wojcik urged the BOS to review the Agreement thoroughly, as a vote is needed at their 2/19/19 meeting.
Mr. Wojcik will write a fiscal note when the budget model is edited. Regarding Norfolk Agricultural, this year’s enrollment is only six; three are seniors. The model will assume that two Douglas students attend each year.
The second fiscal note reflects the Building Clerk’s change, and there was a technology cost increase. The Town will save $14,000/year by owning and administering their own IT network. The Town will benefit from a substantial tariff difference on the streetlights. That expense will go from $46,000/year to $12,000/year.
The School Dept. has retained a route analysis specialist in connection with the renewal of the bus transportation contract. The Town will reimburse the School Dept. for the cost.
Mr. Wojcik spoke in favor of A Fresh Air Fund.

10. Old/New Business (1:04:38)
Old Business: There was no old business.
New Business: There was no new business.

11. Executive Session – Possible Litigation & Discuss P.I.L.O.T. Strategy (1:04:50)
Mr. Bonin made a motion at 8:07 PM to go into Executive Session for the purpose of possible litigation and discuss P.I.L.O.T. strategy, and to return to regular session for the purpose of adjournment. Mr. Cortese seconded the motion. Roll Call Vote: Tim Bonin – Aye, Dave Cortese – Aye, Mike Hughes- Aye, Kevin Morse – Aye.
The BOS called a recess and reconvened in the Selectmen’s Office at 8:14 PM.

12. Adjournment (1:05:21)
Mr. Hughes made a motion at 8:22 PM to adjourn. Mr. Bonin seconded the motion. Vote: All-Aye.

Respectfully submitted,

Mary Wright
Recording Secretary
Suzanne Kane
Posts: 618
Joined: Wed May 25, 2005 2:01 pm

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