BoS - March 5, 2019

BoS - March 5, 2019

Postby Suzanne Kane » Thu Feb 28, 2019 2:08 pm

Board of Selectmen
Agenda
March 5, 2019
Municipal Center Resource Room

7:00 PM

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

1. Isabella Drive Discussion with Land Counsel – Possible Vote(s)

2. Appointment to Capital – Fitzpatrick – Possible Vote(s)

3. Approve Health Insurance Agreement – Possible Vote(s)

4. 3rd Reading & Approval – Personnel Policy – Possible Vote(s)

5. Website Disclaimer and Privacy Policy – 1st Reading

6. Disband Old Grammar School Disposition Committee – Possible Vote(s)

7. P.I.L.O.T. – Douglas Renewables, LLC – Possible Vote(s)

8. P.I.L.O.T. – Wallum Lake Road Solar – Possible Vote(s)

9. Review Warrant Articles

10. Release Executive Session Minutes – Possible Vote(s)

11. Approve Minutes – Possible Vote(s)

12. Administrator’s Report

13. Old / New Business

14. Executive Session – Contract Negotiations

15. Adjournment
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March 5, 2019 - BoS Minutes.pdf
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BOARD OF SELECTMEN
MEETING MINUTES
March 5, 2019
Approved March 19, 2019

Call to Order

Chairman Kevin Morse called the Board of Selectmen (BOS) meeting to order at 7:00 PM in the Resource Room at the Municipal Center.

ATTENDANCE:
Board: Kevin Morse (Chair), Tim Bonin, David Cortese (Vice Chair), Hal Davis (Absent), Mike Hughes (Absent), Matt Wojcik (Town Administrator), Suzanne Kane (Administrative Assistant)
Other Staff and Citizens: Atty. Jay Talerman (Land Counsel), Jeanne Lovett (Finance Director), William Cundiff (Town Engineer), Ernie Marks (Planning Board), Robert Dumas, Alicia Dumas, Robert Jicha, Dana Eaton and other staff and citizens.

• Pledge of Allegiance (00:10)

• Chairman’s Announcements (00:32)
There were no announcements.

• Citizen’s Forum (00:35)

1. Isabella Drive Discussion with Land Counsel-Possible Vote(s) (00:43)
In the packet is a letter from Robert Dumas dated 2/13/19 and related materials.
Atty. Talerman joined the meeting. Mr. Wojcik stated that the developer of the road in question has been foreclosed upon. Mr. Cundiff joined the meeting. He estimated conservatively that it would cost $75,000 to finish the road, which was not built up to the standards of the Town because it was created under the condition that it remain as a private way in perpetuity, serving three lots.
Atty. Talerman stated that some towns have bylaws that allow the town to do work on private roads. The property owners are then assessed a betterment, but first, the funds would need to be appropriated at town meeting.
Mr. Cundiff explained that Isabella Drive was never presented to the Planning Board to be a public way. Mr. Cundiff outlined the work remaining to be done to the road, which includes a topcoat of paving. Attempts to reach out to the private lender that foreclosed on the property have had no success for years. They have not had success reaching the owner, Emerald Funding.
Mr. Marks joined the meeting. The Town is not currently plowing or maintaining Isabella Drive.
Mr. Morse asked, if the Town paved the road and assessed a betterment to the property owners, could the Town forfeit all further liability. Atty. Talerman will research. Mr. Morse would want the road brought to 24’ wide; it is currently 18’ wide. Mr. Cundiff stated that widening the road would be a very involved process as the gravel under the road would need to be widened, which would affect the drainage, etc.
Atty. Talerman explained other ways of paying for road repairs which would spread the costs across the taxpayers.
The bank owns the right-of-way and the third lot, and taxes are current. Mr. Morse suggested Atty. Talerman approach the bank about fixing the road. It is still a requirement of the permit that the developer or their successor complete the road.
Mr. Dumas stated that he had the road looked at last week. The binder is cracked, it’s starting to pebble, and the rocks are coming out of the binder. The road is not in good shape. He stated that as a homeowner, he has no right to do the road.
Atty. Talerman read the Homeowner’s Trust from October, 2018 which says that seven years from the sale of the first lot, the lot owners have the right to take over the Homeowners Trust, which is responsible for the maintenance of the roadway.
Mr. Wojcik asked if the Town has any obligation to notify a potential buyer that there is a homeowners association in existence or that the property is on a private way. Atty. Talerman replied that the Town is under no such obligation. He explained that the subdivision process does not create an obligation of oversight or responsibility.
Atty. Talerman suggested that approaching the owner of the third lot regarding accepting responsibility for finishing the road be placed on the Planning Board’s next agenda.
A discussion was held.
It was the consensus of the BOS to authorize Town Counsel to proceed with attempting to contact the owner of the third lot regarding accepting responsibility for finishing the road.

2. Appointment to Capital-Fitzpatrick-Possible Vote(s) (36:25)
In the packet is an application and related materials.
Ms. Kane stated that the application is complete and the Capital Committee supports the appointment.
Mr. Cortese made a motion to appoint Michael Fitzpatrick to the Capital Improvement Committee as an at-large member for a term ending June 30, 2021. Mr. Bonin seconded the motion. Vote: All-Aye.

3. Approve Health Insurance Agreement-Possible Vote(s) (37:05)
In the packet is “Mass Strategic Health Group Agreement for Joint Negotiation and Purchase of Certain Insurance Coverages (July 1,2019)” and related emails and materials.
Mr. Wojcik stated that the agreement bears the edits of Town Counsel, and those changes have all been accepted by the other parties. The agreement needs to be in place in order to have time to enroll employees before June 30, 2019. On Thursday of this week, all the parties involved will meet to interview the lowest bidder. The impact to the Operating Budge between rolling the business over with a fully insured product and going with a joint purchase group is approximately $272,000.
The Police Union is ready for the next steps. The Fire Union contract waived their right to bargain plan design. They have met with the Teamsters.
The founding participants will be Douglas, Stoughton, Webster, and the Dudley/Charlton Regional School District.
Mr. Wojcik stated that if Douglas enters into the agreement, it must stay in the agreement for a minimum of two years. After two years, a town can leave and take equity. The initial cost is one month’s working rate, which will be funded by the use of Free Cash. The trust fund will pay the claims. The goal is to grow the fund to 8%-10% of annual claims experience. After that, the entities involved must take the funds out and use them to lower annual contributions. There will be a Board of Directors and every participating town will have a member. All voting procedures regarding emergency voting have been stricken from the agreement because they have not complied with the Open Meetings Act. The group is subject to the Open Meetings Act.
Mr. Bonin asked if private parties, such as families, could be added to the group. Mr. Wojcik has not heard of a blended model with private lives coming into a municipal joint purchase agreement. He will look into it to see if it can be done.
Mr. Cortese made a motion to approve the Health Insurance Agreement, contingent on Insurance Advisory Committee approval. Mr. Bonin seconded the motion. Vote: All-Aye.

4. Personnel Policies Amendment-Third Reading & Approval-Possible Vote(s) (48:37)
In the packet is “Personnel Policies and Procedures for the Town of Douglas, MA” and related materials.
Ms. Kane stated that Ms. Lovett has made some changes. Mr. Wojcik stated that the policy is very thorough. Changes can still be made after approval.
Mr. Bonin made a motion to approve the Personnel Policies Amendment as presented. Mr. Cortese seconded the motion. Vote: All-Aye.

5. Website Disclaimer and Privacy Policy-First Reading (51:12)
In the packet is an email from Chris Furno dated 2/26/19, an email from Rob dated 2/25/19, “Town of Douglas Website Disclaimer and Privacy Policy”, and related materials.
Ms. Kane stated that the Town does not have a privacy policy on the website. The policy has been reviewed by Town Counsel.

6. Disband Old Grammar School Disposition Committee-Possible Vote(s) (52:07)
This committee no longer meets. The BOS thanked the members of the committee for their service.
Mr. Cortese made a motion to disband the Old Grammar School Disposition Committee. Mr. Bonin seconded the motion. Vote: All-Aye.

7. P.I.L.O.T.-Douglas Renewables, LLC-Possible Vote(s) (53:08)
In the packet is “Payment in Lieu of Personal Property Taxes”, maps and related materials.
Mr. Wojcik stated that the Planning Board made a condition to Site Plan Review that applicants are to negotiate a payment in lieu of taxes (PILOT) agreement with the Town. Town Counsel provided a template and a negotiation with Douglas Renewables, LLC was done for $7,500/megawatt hour/year with a 2.5% per year escalation factor for a payment of $48,750 in year one to grow to $77,934 by year 20 of the agreement. The agreement does not take effect until the facility is built and operating.
Mr. Cortese made a motion to place this text on the Town Meeting warrant. Mr. Bonin seconded the motion. Vote: All-Aye.

8. P.I.L.O.T.-Wallum Lake Road Solar-Possible Vote(s) (56:00)
Mr. Wojcik stated that this PILOT is the same template as proposed in item 7 above. The applicant has made edits to the template, and Town Counsel is currently out of the country. A discussion was held.
This item will be placed on the next meeting’s agenda.

The BOS called a 5-minute recess.

9. Review Warrant Articles (1:06:30)
In the packet are the Special (STM) and Annual (ATM) Town Meeting Warrants.
Ms. Kane asked that the BOS review the first page. Ms. Lovett joined the meeting. The Snow & Ice Account is in deficit.
Ms. Lovett reviewed article 2 of the STM. The increase in School Transportation does not include the new bus contract. The increase is solely due to Special Education. Ms. Lovett will check with the auditors to see if the $10,000 for the Schools Personnel and Expenses can be put in the Town Administrator’s budget. The Highway Maintenance number has increased to $20,000 since the printing of the warrant. She is still working on Building Dept. Wages and Board of Health Expenses.
Ms. Lovett is still waiting for the final parameters regarding the $100,000 in State funding for a new ambulance. Douglas has asked for an extension on the claim from June 1, 2019 to December, 2019.
A discussion was held regarding the Cedar Street bridge.

10. Release Executive Session Minutes-Possible Vote(s) (1:17:27)
In the packet is an email from Atty. Brian Maser dated 2/20/19, a list of Executive Session Minutes Approved-Not Released, and related materials.
Ms. Kane stated that most of these minutes related to personnel issues or contract negotiations. Labor Counsel has reviewed these minutes. All of the minutes on the list regarding contract negotiations can be released; minutes relating to personnel issues cannot be released.
Mr. Cortese made a motion to release the Executive Session minutes as presented in the list, page 1 and page 2. Mr. Bonin seconded the motion. Vote: All-Aye.

11. Minutes: - February 19, 2019, Possible Vote(s) (1:19:56)
This item was passed over.

12. Town Administrator’s Report (1:20:18)
Mr. Wojcik stated that he received correspondence today from the State that Douglas will receive $364,848 in Chapter 90 funds for FY2020.
Finance Committee and Capital Committee meetings are behind schedule due to snow events and lack of quorums. He hopes to be able to print out a budget soon.

13. Old/New Business (1:24:12)
Old Business: There was no old business.
New Business: There was no new business.

14. Executive Session – Contract Negotiations (1:24:22)
Mr. Bonin made a motion at 8:24 PM to go into Executive Session for the purpose of contract negotiations 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, Kevin Morse – Aye.
The BOS called a recess and reconvened in the Selectmen’s Office at 8:28 PM.

15. Adjournment (1:24:52)
Mr. Bonin made a motion at 8:42 PM to adjourn. Mr. Cortese seconded the motion. Vote: All-Aye.

Respectfully submitted,


Mary Wright
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