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BOS - July 11, 2006

PostPosted: Wed Jul 05, 2006 2:59 pm
by Suzanne Kane
Board of Selectmen
July 11, 2006

6:30 pm
Informational Workshop

7:00 pm
1. Call to Order

2. Chairman’s Announcements

3. Citizens Forum

7:15 pm
4. Transfer of Liquor License – Hearing

7:30 pm
5. Chapter 40 B: North Village – Edwin Taipale

6. Master Plan Recommended Zoning Change – Forward to Planning Brd.

7. Town Use – Celebration Graduation; Girl Scouts

8. Discussion – Charge of Cable Committee

9. Additional Appointments

10. Minutes: Dec. 6, 2005, Dec. 6, 2005 Exec. Session, Dec. 20, 2005, Dec. 20 Exec. Session

11. Accept MGL c138, §33B

12. Administrators Report

13. Old / New Business

14. Adjournment
Future Agenda Items:
August 1st:
Chapter 61; CERT; TIF – Hal Davis (tentative)
Oct. 10th: School Audit
TBD: Road Safety & Traffic Issues, Library – 5 yr. plan; TIF

NOTE: Times are estimates unless designated as a Hearing.
Douglas Board of Selectmen
Meeting Minutes
July 11, 2006
Approved August 15, 2006

Informational Workshop:

Madam Chair Shirley Mosczynsk called the workshop to order at 6:35 pm in the Selectmens’ Office at the Municipal Center.
In attendance: Paula Brouillette-Vice Chair, Mitch Cohen, Mike Hughes and Executive Administrator Michael Guzinski. Absent: David Furno.

Mike Guzinski discussed the following:
- Meeting – with New Superintendent-Nancy Lane, Accountant-Jeanne Lovett and Treasurer-Sharon Brotherton
- New School Business Manager – Dean Iacobucci
- New Assistant to the Town Accountant – Marcia Landry. Concensus of the Board – Agrees with hiring Marcia Landry.
- Highway Superintendent – Handout- Request disposal of 1975 International Truck Model 2070
- Goals and Objectives – Handout- Executive Administrator-review for August 1st meeting.
- TIF’s – Handout- Proposed guidelines
- Cable Committee Charge - Handout
- Liquor License Transfer
- Minutes
Shirley – Letter from USDA-Diane King – Tour of Waste Water Treatment Facility Project on Wednesday, July 26th from 10:30 am – 12:00 pm.
- CMRPC Info

1. Call to Order: Did not tape!
Madam Chair Shirley Mosczynski called the meeting to order.
In attendance: Paula Brouillette-Vice Chair, Mitch Cohen, Mike Hughes and Executive Administrator Michael Guzinski. Absent: David Furno.
William Cundiff – Town Engineer, Tom Devlin – Cable Advisory Committee Chair, Atty. Edwin Taipale, Eben Chesebrough, Dennis Bishop, Scott Medeiros, Tim Barlow

*Tape Started Here*
2. Chair Announcements: The
Board of Selectmen and John Furno have reached a memorandum of understanding. He is now officially the Town of Douglas Highway Superintendent.

3. Citizens Forum: Dennis Bishop of Martin Rd., - Requested the subject(s) for Informational Workshops be listed on the Selectmens Agenda.

4. “Hearing” – Transfer of Liquor License: Shirley – read the “Hearing Notice” for the Liquor License Transfer from Digger’s Liquors to LavMar, Inc. at 295 Main Street. She announced the hearing was now open and welcomed anyone concerned about this license to come forward. Norman Maranda formerly of this area, now residing in Pepperell, MA and his Dad, Norman Maranda Sr. came forward. It was noted that all necessary paperwork from applicants and concerned departments had been submitted and approved.
Motion – Mitch Cohen made a motion to close the public hearing.
Seconded - Paula Brouillette. All - aye.
Shirley – Reminded all of the conditions of Digger’s Liquors in regard to their operation.
Motion – Mitch Cohen made a motion that the Board of Selectmen approve the liquor license transfer of Digger’s Liquors as presented with the conditions on the reverse of the license.
Seconded - Paula Brouillette. All - aye.
Shirley – reminded that once the application has been sent to ABCC and approved, they would be contacted and can be picked up in the Selectmens office. No business can be done until then.

5. Chapter 40 B North Village Development – Attorney Ed Taipale and Tim Barlow from Barlow Builders (Handouts):Land presently owned by Jane Bresnahan acquired by her late father, previous Douglas Post Master, located on Brown Road and North Street in Douglas. Re-zoning proposal in the early 1990’s didn’t pass and the Purchase and Sale agreement with Delphic has been terminated. Now proposing a new comprehensive permit application for this site which will be serviced by Douglas sewer and water.
Discussion/Conerns: Shirley – Concerns with safety issues of the road way and will get input from Police and Fire Chiefs. Most of the traffic will flow North instead of going through Douglas. Homes usually being 3 bedroom-attracting families young and old-concern with increased impact of residents on schools and traffic. Conversation with the Town Engineer regarding zoning and Town Home Bylaw, would likely have no bearing and no need to go to Town meeting because it’s 40B. Atty. Taipale – Confirmed the concern of only one entrance-it’s supposed to be a divided road-one side could be used as emergency. There’s a wetlands crossing on one side. The single family has a cul-de-sac that ends at Brown Road no plans to use it, but may be possible to use as emergency access. The 18ft high retaining wall in the curve of the road is designed as a large entrance way with light and comes out to direct the turtles. The development is designed to retain all the drainage on site and shouldn’t affect North Street or go into Town. Bill – That would be something that comes out of the design and process of ZBA. Right now it’s concept. Atty. Taipale – This is the first stop, the Chair of the Housing Authority was notified but unable to attend and Water/Sewer Department already had a meeting scheduled tonight. Bill – Showed original proposal of 135 single family homes, a lot more disturbance with the 88 acres, now it’s more realistic and reasonable. Standard specification heating is forced air by oil. The purpose of tonight’s meeting is for the Board to get site eligibility from Mass Housing, comply with their requirements and contact them with concerns or their support. Soliciting concerns from the Police and Fire Chiefs and relay that to Mass Housing. If we had an affordable housing plan approved by DHCD it would be good for the Town. Ed (Taipale) suggested we may want to go with a LIP (Local Initiative Plan) Process. A Town sponsored 40B project that would be a good thing if the Selectmen see that the Town is benefiting over and above a typical project. A lot of field survey is favorable: Wetlands input, Natural Heritage has reviewed the project and it has come a lot further. Things we need to focus on from ZBA’s perspective-Water/Sewer issues, traffic, sidewalks, drainage, pavement, intersection impacts and bridge-that is being worked on. Mike - concurs with Bill regarding the LIP and consider if the developer is interested in doing a project that goes beyond the minimum of what 40B requires. Atty. Taipale –In terms of the procedure, if we file as a conventional comprehensive permit application we’ll be filing a Site Eligibility Application with Mass Housing and you will get a confirmation.
Open to the audience: John Slocum of Brown Rd., - To re-iterate what Bill said, this is a much better plan than previously. Concerned about the density in the north east corner where the single family homes are. I own from the middle of that wetland–west so I have a good buffer with the town houses, that are a condominium approach and the single family are a separate association probably with respect to provide access to the open space.
Mitch – I am potentially supportive looking at this type of project as a local initiative project. I think it would be a good partnership with the community once built and benefits as well for future 40B projects. Before we formally entertain that, some discussion should take place between the developer and Housing Authority for their opinion. As far as school, we could be looking at an annual budget impact of 1-2 million dollars to educate those children, some from the state, some from taxes and that number of students would exceed our available capacity. We should get some input from the School Committee and Superintendent. Atty Taiple – Some towns have found it useful to designate working groups, a member from committees or staff involved. Bill – Typically if you go for a conventional 40B process we do solicit members from different boards. Mike H – I think it’s something worth considering and will require further discussion. Shirley and Paula – agreed we should look at the LIP process. Atty Taiple – Commented he’d like to get the paper work into Mass Housing within a month. Shirley – asked Mike G to gather information to arrange the project, get input from the various boards and requested Mike G and Bill get together to get the process moving.

6. Master Plan Recommended Zoning Change – Forward to Planning Board:Handout
Mike –
read a letter dated June 8, 2006 from Paul Peterson of the Master Plan Implementation Committee received by the Board of Selectmen, which included a recommendation and map of the area - “Rezone the area South of Main Street and East of S.E. Main Street from Residential Commercial One (RC-I) to rural Agricultural (RA)”. The Committee has studied this and has recommended that certain parcels in this area be changed from RC- I to VR, Village Residential. The Master Plan Implementation Committee requests that this recommendation be included on the next available Town Meeting Warrant. Shirley – there will be a hearing if the Board chooses to move this along and then to Town Meeting for approval. Discussion - No business will be precluded as long as it’s for commercial, although the new zoning district would prohibit some. Rural Agricultural vs. Village Residential to keep the historic area as has been designated by the Commonwealth of Massachusetts.
Motion – Mike Hughes made a motion to move this to the Planning Board.
Seconded – Mitch Cohen. (Include a letter with concerns and attend the hearing) All – aye.

7. Town Use: Celebration Graduation – Saturday, August 19, 2006 from 7am – 1 pm at the Fire Station for a fundraiser-with conditions from the Police and Fire Chiefs.
Motion – Mitch Cohen made a motion to approve. Seconded - Mike Hughes. Paula – Questioned why the Board was doing this. Shirley/Mike currently working on changing the policy. All - aye.
Girl Scouts – Brownie Troop # 574 – Tuesdays 3 – 5 pm from September 2006 – May 2007 at the Senior Center-with conditions from the Police and Fire Chiefs.
Motion – Mitch Cohen move to approve as presented. Seconded – Paula Brouillette. All - aye.

8. Charge of Cable Committee: Handout Tom Devlin – came before the Board to request they look to the future and issue and approve this new charge. The clear charge years ago was to re-negotiate the contract with Charter Communications which was a somewhat lengthy process. Note-A change will be made in the first paragraph-beginning with “Existing members”. We’re requesting a specified number of committee members be changed from five to seven as well as the other changes as indicated. The Cable Advisory Committee met last night and approved this draft before you. Mike H – Just to comment how critical #6 is in terms of policies and procedures, I think some of the issues in the past that have created a problem is that the rules of how the Cable Advisory Committee operates weren’t in black and white and cause confusion. Everyone needs to know what the playing field looks like, what the rules are and the quicker we can have those working documents the better off we’ll all be. I think it’s important that we discuss the Candidates Forum and get Cable out of structuring Candidates Forum Night. It was a disappointment this year not to have it. The Committee should produce it but not get involved in how it’s structured. Tom – We’re probably looking at a 3-6 month window. Mitch Cohen, also on the committee, spent time at a conference with community cable operators from around the country and came back with some good suggestions. Shirley – You can give the Board an update with your progress as you go along. Paula – At the top of the list should be the interaction with the public and the 3 month window should be the policies for the public. I just want to make sure there’s an agreement with #10. Mitch – The convention attended in Boston was on policies and procedures that public access and cable Committees are dealing with. We realized we needed a formal charge that says we do have the authority to set and enforce policies not clarified before. As we develop draft versions of policies we’ll place them on the Town website and let people review them. We can then go forward and bring them to the Board for approval. Shirley – The Board concurs that they would like a report at least by 3 months and requested a list of ideas from the Committee how the Candidates Forum will take place.
Comments from Citizens: Eben Chesebrough, 17 Church Street- Here as a private citizen and Chair of the Republican Town Committee. Thanked Tom and Committee for their work on the policies. During the height of the political season several meetings were held and unfortunately culminated in canceling the Candidates Forum. Concern with Mitch being on the Cable Advisory Committee as well as Board of Selectmen and Mr. Devlin is also an elected member of the School Committee. You can have a “conflict of interest” arise or the appearance of it. Also, not sure of what the change from 5 to 7 members will do. I do suggest that the Board of Selectmen as the appointing authority, consider that members of the Cable Advisory Committee be non-political, ie. members will not be an elected official, they could be advisory in nature. The second point is the idea of stipends. I would think Town Meeting would have the last say on that. Thirdly, future taping of candidates forum, (#13), I would like some assurance that this will happen and be on public cable. Finally (#6), I believe this puts into the hands of the Cable Committee that they can create their own policies.
Dennis Bishop, Martin Road- Representing the producers of Douglas and echoes Eben of members not being elected officials. The Cable Advisory Committee and it’s temporary paid employee both roll up under the Executive Administrator and has issues with some of the policies, procedures and how it is written. Shirley – Reminded all this is just the beginning, we’re looking for more policy and a report back from the committee.
Scott Medeiros, High Street- I echo the concerns of Eben and Dennis. The political bias and appearance thereof is a great concern which culminated in the elimination of the Forum.
Shirley – There will be some appointments made and it was suggested some will be staggered on the Cable Committee if that’s what the Board decides to do. At election time there will be a fair and open forum and the politics will be the people running for office.
Motion – Paula Brouillette made a motion to approve the Douglas Cable Advisory Charge. Seconded – Mike Hughes. Abstain – Mitch Cohen. All – aye.

9. Additional Appointments-Handout:[/b]
[b]-Board of Health –
will be meeting on the 17th and should have an appointee.
-Cable Advisory-Mike Hughes- Suggested since Mitch needs to abstain and David is not here, I don’t feel I can support all the candidates for the Cable Advisory Committee. Shirley – We can put it off until August 1st and the Committee proceeds to operate as it is.

-CMRPC- Paula Brouillette was previously appointed as alternate and the Planning Board did recommend Roy Swenson for a term ending June 30, 2007.
Motion - Paula Brouillette made a motion to appoint Roy Swenson as CMRPC Rep.
Seconded - Mitch Cohen. All – aye.
-Cultural Council – Daniell Beane for a term ending June 30, 2009. Mitch – Informed all that as the out going Chair there is a 6 year limit and is being forced out by State regulations. The committee learned that students who are not of voting age are eligible to be full voting members of the Cultural Council. This was checked with the Town Clerk.
Motion - Mitch Cohen made a motion to appoint Daniell Beane to the Cultural Council.
Seconded - Paula Brouillette. All – aye.
-National Organization on Disability – Adelle Reynolds for a term ending June 30, 2009.
Motion – Mike Hughes made a motion to appoint Adelle Reynolds.
Seconded - Mitch Cohen. All – aye.
-Open Space – Wilfred Fontaine for a term ending June 30, 2009.
Motion – Mitch Cohen made a motion to appoint Wilfred Fontaine to the Open Space Committee.
Seconded - Paula Brouillette and Mike Hughes. All – aye.
-Shirley read the list with openings of Boards/Committees and informed anyone interested to call.
-Historical Commission – currently 2 members, there’s supposed to be 3.
-Master Plan Implementation Committee- Shirley – they are down to 4 members but will be phasing out, they are on their final project.
(The following were not on the list)-
-Housing Partnership – Currently have 2, need to have 5.
-Permanent Building Committee – They have 4, need 3 more.

10. Minutes: December 6, 2005: Motion - Paula Brouillette
made a motion to approve the meeting minutes of December 6, 2005. Seconded – Mitch Cohen. All - aye.
December 6, 2005 Executive Session: Motion – Paula Brouillette made a motion to approve the
Executive Session meeting minutes of December 6, 2005 and release.
Seconded – Mitch Cohen. All - aye.
December 20, 2005: Motion - Paula Brouillette made a motion to approve the meeting minutes of
December 20, 2005 as presented. Seconded – Mitch Cohen. All - aye.
December 20, 2005 Executive Session: Motion - Paula Brouillette made a motion to approve the
Executive Session meeting minutes of December 20, 2005 and not to release.
Seconded – Mike Hughes. All - aye.

11. MGL c138, §33B-Accept-(Handout): Mike read the memo which has been confirmed by the ABCC. Right now, unless the Board accepts this section, Dale Kamishlian of the Blackstone Valley Bar and Grille is operating in violation of State Law
Motion – Mike Hughes made a motion to accept MGL c138, §33B.
Seconded - Paula Brouillette. All - aye.

12. Administrators Report:
-Highway Truck -Mike concurs with John Furno-letter read-requesting the Board’s permission to dispose of the Highway Department’s 1975 International Truck Model 2070.
Motion – Mitch Cohen made a motion to support the disposition of the highway truck as presented.
Seconded - Paula Brouillette. All - aye.
-Financial Adhoc Committee- Voted to be formed several meetings ago. The first meeting will be next Tuesday, July 18th at 7 pm and would like to ask the Board to appoint 2 of it’s members.
Motion – Mitch Cohen made a motion to appoint Paula Brouillette and Mike Hughes to the Adhoc Committee. Seconded - Paula Brouillette. All - aye.

13. Old/New Business:
Old- Library Signage:Shirley – requested the status of this. Mike – spoke to the Library Director. They are in the process of getting revised quotes hopefully within the next week or two.

New-Paula – regarding the comment earlier of not having elected officials on committees. Small towns rely on volunteers and unless we have obvious financial conflicts I will not be supportive of excluding people as volunteers for that purpose and not be in favor of not appointing people because they are elected.
Mike H – I don’t agree that should be a reason for an elected official not to serve on a committee. If they show interest in participating we shouldn’t exclude them. Shirley- So, although you said earlier you had a concern, am I hearing you say you would be in favor of an elected Selectman being on Cable? Mike H – Yes, I wouldn’t have an issue with that.

14. Motion to Adjourn at 9:00 pm Mitch Cohen. Seconded – Mike Hughes. All – aye.

Respectfully submitted,

Jane L. Alger
Administrative Secretary