BOS - November 20, 2007

BOS - November 20, 2007

Postby Suzanne Kane » Fri Nov 16, 2007 9:12 am

Board of Selectmen
Agenda
November 20, 2007


7:00 pm
• Call to Order

1. STM – Moderator and Town Clerk

2. Chairman’s Announcements

3. Citizen’s Forum

7:15 pm
4. FY08 Classification Hearing

7:25 pm
5. Appointment – Assistant Plumbing Inspector

6. Building & Facilities Committee Update

7. GPI Contract Amendment

8. Private Road Policy

9. STM Motions

10. Administrators Report

11. Old / New Business

12. Adjournment
_____________________________________________________________
Future Agenda Items:
Dec. 4th:
Liquor License Renewals; Financial Policy; GSC Discussion;
W/S Update

Dec. 18th: All other License Renewals

TBD: Skate Park Update; Fraud Policy; Personnel Policy; ConCom Water Restrictions; Cable; ZBA Fee’s
Note: All times are estimates unless denoted as a Hearing.
____________________________________________________________
____________________________________________________________
Douglas Board of Selectmen
Meeting Minutes
November 20, 2007
Approved September 2, 2008

Call to Order:

Chairman Mike Hughes called the meeting to order at 7:01 pm in the Resource Room at the Municipal Center.
In attendance: Scott Medeiros, Paula Brouillette, Mitch Cohen, Executive Administrator Michael Guzinski, Administrative Assistant Suzanne Kane.
Other staff and citizens: Town Moderator Jerome Jussaume, Town Clerk Christine Furno, Town Engineer William Cundiff, Economic Development Permit Coordinator Cathryn Welch, Assessors Chair Jack Blatchford, Assistant Assessor Ida Ouilette, Highway Superintendent John Furno, Peter Harper, Larry Wiersma, Building & Facility Construction Committee Chair Daniel Heney, Members-Joel Rosenkrantz & Sean Holland.
Tribune Reporter Tom Mattson, Absent: Vice Chair John Bombara

1. STM- Jerome Jussaume & Christine Furno came forward: Mr. Jussaume Reviewed and is satisfied with the voter information, warrant, motions and presenters prepared by Town Administrator. Mike Guzinski Further discussion on Article 12 tonight on the warrant, there will be a forth coming motion and will be forwarded once decided.
ConCom plans on passing over Article 10 due to recent developments.

2. Chair Announcements: STM Tuesday November 27th at the Douglas High School Auditorium at 7pm and hope as many people that can attend will attend.
Suggestion of posting future town meetings on the message board in front of the High School.

3. Citizens Forum: No one came forward

4. FY08 Tax Classification Hearing (Handout): Mike Hughes opened the FY 2008 Tax Classification Public Hearing at 7:16 and read the legal notice in the Worcester T&G of November 15, 2007. Jack Blatchford and Ida Ouilette came forward. Jack Blatchford Sales analysis indicated the average single family home will see about a 1.66% decrease in value from FY07. Anticipated FY08 tax rate be $10.11 per $1,000, a decrease of $ .17. FY08 average single family home assessed value is $312,100 (FY07 average $317,400) and will see a tax decrease of about $107. Sign of a weak economy, there’s a lot of inventory. Ida Ouilette another reason for the decrease that helped a lot, the SBA reimbursement for the schools kicked in this year.
Motion-Mitch Cohen Close the public hearing at 7:20 pm. Seconded- Scott Medeiros. All - aye.
Motion- Scott Medeiros Accept the tax rate of $10.11 as proposed. Seconded- Mitch Cohen.
All - aye.


5. Appointment – Assistant Plumbing Inspector: Mike Hughes Applications for Larry Wiersma and Peter Harper reviewed prior. No recommendation from Mr. Josey, decision is up to the Board. Discussion: Not uncomfortable with either, both very well qualified and comparable. Mr. Harper, in his interview was direct along with his availability.
Motion- Mitch Cohen to appoint Peter Harper as the Assistant Plumbing Inspector for a term ending June 30, 2008. Seconded- Paula Brouillette. All - aye.
Mike Hughes It was a tough decision and unfortunately have only one position available. Congratulated Mr. Harper and thanked both for coming.

6. Building & Facilities Committee Update-Dan Heney, Joel Rosenkrantz, Sean Holland & Bill Cundiff came forward: Dan Heney One of the first orders of business was to put together an RFQ, was done and solicited architectural firms to come in and access the buildings and needs. Held interviews, hired a firm comfortable with and toured most of the town owned buildings as a Committee (except Fire Station & Water Sewer Treatment Plant.) Consultant interviewed Town Departments to get input and needs, recently held a public hearing that went well, in the process of having a survey done to get public input before any recommendations and/or decisions are made. Well aware there may be some emotional attachment to some buildings and how the people feel about certain projects through the survey. Bill Cundiff Sent links out to the members. Next scheduled meeting Wednesday, any comments members have will be discussed, update the online forms, and hopefully after their comments get that live Thursday or Friday. Invited a number of the Department Heads to talk with us how the Committee can assist them with any RFQ’s and RFP’s they have going out, and any procurement issues ongoing. Our consultant advised it is still early in the process to talk to Clark Rowell (financial advisor). That will come after survey results are returned and find out what the priorities are for the different buildings, and then develop which projects take precedence.
Board input: Hoping to get a good response and putting it online gives greater accessibility. One of the agenda items for a future meeting is looking at our debt schedules, and hoping to get the value of the projects that we can drop in without impacting the tax rate from both our Town Treasurer and Financial Advisor from UniBank. Have a joint meeting in February or March, also with Capital Committee and some sub-set of the financial team, look at a five year plan and how to fund future projects as others get paid up and put together a plan that’s looked at, at all angles. Requested info from the school about the two older buildings, deferred maintenance that has not been done on either for a long time. Looking to see if we can get any reimbursement from SBA. This is a 20 year plan they’re trying to establish, five years is more realistic. This report will be our blue print for how we deal with growth the next 20 years. Will also be addressing the Fire Station exhaust system. Mitch Cohen Two vacancies, one to be approved by this Board and one by the School Committee. Make sure your Board stays out of the politics of it so you can be as technical and objective as you can. The Towns people, ultimately by the elected officials of the Town, primarily make decisions on the political issues. Joel Rosenkrantz No matter how technical or objective we need to be, we can’t ignore the political and important emotional attachments or ties people have to structures in Town. We may come up with recommendations based on our consultant that make perfect sense technically, but the people may want to do something completely different and may be voted down because it’s the most expensive and the people don’t want it because maybe we can do two lesser projects for cheaper. Our goal is to put all the data together, give logical recommendations and what the Towns people also support.
Motion- Scott Medeiros to appoint Jeanne McHale to the Building & Facilities Committee to a tem ending June 30, 2008. Seconded- Mitch Cohen. All - aye.

7. GPI Contract Amendment-Bill Cundiff came forward. Contract is Greenman, Pedersen Inc, transportation consultant the Town used for designing and overseeing the construction improvements to Route 16. This is the third amendment, an additional $6,700.00 entails preparing a set of discontinuance plans because part of the original agreement with the State, was that the State road would become a town road and in order for that to happen some discontinuance plans need to be prepared and filed with the Registry of Deeds so the Town takes control of the road. In addition, Mass Highway requested a signal plan diagram so they could have that for their records. This money is planned to be paid for out of Chapter 90 money entirely, and has been agreed by John Furno.
Motion- Mitch Cohen to approve Amendment Three, engineering services agreement as presented. Seconded- Paula Brouillette. All - aye.

8. Private Road Policy (Handout): Mike Guzinski In response to a complaint received from a resident in regards to the condition of a private road he lives on, we requested this be put on the agenda for discussion, the situation and how we handle private roads in Town. Spoke to the individual by phone and explained we were investigating different ways to assist. Installing drainage and paving would be astronomical, looking to do some basic maintenance. Research done on past policies, information found on a past policy proposal back in 1999. This is a difficult issue, struggle between private individuals and the developers who own these roads vs the Town’s responsibility to protect the health, safety and welfare of citizens. (Referenced Article 5 section 4 “Private Way Repairs” of the General Bylaws.) Residents have to petition to put something on Town Meeting Warrant, if approved the Town will bond monies to actually do improvements to a road and subsequently the cost of paying off the bonds are assessed to the owners of that roadway.
John Furno (2005 Policy Handout) & Bill Cundiff came forward to initiate the discussion at the Board level as to how you want to proceed and deal with the problems associated with this. Bill Cundiff Documents referred to:Official street map the Planning Board hands out to anyone requesting a copy, adopted in 1976 through Town Meeting, allows the Town from a Planning Board and building permit perspective to identify which roads are authorized to get permits. Since then, the only roads that should appear on there is through approved sub-divisions or court orders. To respond to the discussion adequately, need to identify what the ultimate goal is that the Board is interested in. Discussion: Paula Brouillette Immediate concern is public safety, recommendations and issues from Highway Superintendent, Town Engineer, Safety Committee and how to mange the process of making sure the roads are passable, safe for the residents that live on those roads and what the proposal is going forward. Bill Cundiff Implecations / ramifications from making those public or private from a Planning Board perspective: opening up a can of worms in trying to do a job we don’t have the resources to do, a lot is involved doing title searches and documenting from back in the 1800’s when some of these roads were laid out, any by product we move forward with we have to identify the fact that this may not be used for the purposes for the Planning Board. The Bylaw is very ambiguous and that may be the Selectmens first step to consider investigating to make sure it’s clear. Will work with John and in developing what we think are regular maintenance items for the Town and move forward in that direction. Mitch Cohen Private areas are a gray area, but we are responsible to getting ambulances and fire engines to people’s homes, we owe the public service of having safe passage of those vehicles. What is the cost of maintaining those roads and the reason for it being private? John Furno There are some in Town that the residents take care of on their own, and some call on a weekly basis. Paula Brouillette That’s why there should be a policy, a standard way that backs John up when talking to those residents. Start with the one we have from 1999. Mitch Cohen Next step should be for these roads that aren’t public, what is the Towns’ ultimate goal for that road way? In reality this should be a public road, you’re taking care of it, but some people are satisfied it remaining private. Bill Cundiff For the newer sub-divisions we have surety in place. The Town has the ability to plow the newer ones and if not done in a reasonable amount of time bill the applicant. Will address with the Planning Board. Scott Medeiros Agreed the Planning Board has control going forward. Every sub-division that gets endorsed is a private road from day one, and there’s a level of responsibility that comes with it. Reimburse to the Town for maintaining at a cost effective rate.
Consensus of the Board: Approach to take is to get some initial data with the goal of working towards a policy that will help clarify some of these issues.

9. Assign STM Motions- (Handout): Note: In John Bombara’s absence, he can be assigned.
-Article 1: Prior Year Bills - Mitch Cohen
-Article 2: Police Wages – Mike Hughes
-Article 3: Water & Sewer Department Truck – Water / Sewer Department
-Article 4: Inter-Municipal Agreement – Paula Brouillette
-Article 5: Senior Van – Paula Brouillette
-Article 6: Unemployment – Scott Medeiros
-Article 7: Reserve Fund – FinCom
-Article 8: Intermediate School Building Need Assessment, Design
Services & Repair – Margaret Reed / School Committee
-Article 9: Personnel By-Law Amendment – Dave St. George / Personnel Committee
-Article 10: Chestnut Street Land Swap – Passed Over
-Article 11: Amend Zoning By-Law “Water Resource Protection Overlay District” – Not presented by the Board of Selectmen.
-Article 12: Amend Zoning By-Law as per Ch. 43D’s “Expedited Permitting Program” – Scott Medeiros (discussion to follow)
-Article 13: Amend General Bylaws as per Ch. 43D’s “Expedited Permitting Program” – Mike Hughes

Article 12 Discussion: Bill Cundiff & Cathryn Welch came forward. Cathryn Welch Special Counsel incorporated the language that was brought forth from public comment. Town and Special Counsel attended, answered questions about concerns at the public hearing. Planning Board voted 3 – 2 after much discussion, to send this articled language to you (the Board). Points of agreement- A lot of time spent by staff, both Counsels, many Boards, and there’s a firm commitment to moving forward with streamlined permitting. Points of disagreement- Because all this discussion has occurred in a tight time line, there may be confusion at Town Meeting and could put “Section B” at risk, which we really need. Even carry on into Article 13, which technically is separate regarding General Bylaw, but because it’s related to streamline permitting. Cathryn and Bill feel comfortable passing over
Section 12A, the most confusing. We have complete agreement-no risk to the Town, to wait, deals with re-tenanting a structure and at this point the priority development sites have no structures.
Discussion: Mike Guzinski Document sent out to town meeting voters in the flyer was the exact language as printed in the warrant, recommending amendments at town Meeting floor. Recommendation from Cathryn is to not put “Sections A & C of Article 12” at this Town Meeting and defer them to the Annual Town Meeting in May, we’ll have more time to make sure those sections are more fully and carefully reviewed. We all agree “Section A” is not needed; the remaining point of discussion regarding “Section C” was between the attorneys. “Section B” is needed, everyone is comfortable with the language and currently presented in the Warrant unchanged.
Recommendation: A complete elimination of “Sections A & C”, “Section B” is currently in the warrant as presented. Jonathan Eichman from Kopelman & Paige does not believe it’s needed to satisfy the requirements of MGL Chapter 43d, not something we want to toss out, review and prepare for Annual Town Meeting. Atty Costa is recommending that we consider putting “Section C” forward at this time. Ultimately the decision is the Boards, you have the recommendation and seeking your decision tonight on which motion to move forward with at STM next Tuesday. Cathryn Welch The risk with “C” is only, according to Adam Costa this afternoon (referenced his email) if from between now and ATM you received an application on a PDF site that require both a site plan review and special permit, and we had to continue the public hearing because the board couldn’t reach the decision the first time. You could accomplish in 21 days the site plan review. Adam Costa also informed, it is unlikely that the State would deem us not in compliance on “C”, and also very unlikely we will have an applicant who would come in for both, a special permit and site plan and deferred before ATM. Bill Cundiff The whole purpose of 43d is to ensure and guarantee that the due time line for all permits is 180 days, not counting the building permit.
Discussion continued: Come back with some minor bylaw changes “C”, and make that even a better bylaw for the Town to present in the spring. The differences are going to be massively amended to some degree. There’s nothing that talks about time frame in “C”. Make sure the Town is reasonably and well protected.
Motion- Scott Medeiros We pass over “A & C”, and the floor motion be “To see if the Town will vote to adopt Article 12 Sub-Section B only”. Seconded- Paula Brouillette. All - aye.

Motions for STM- Mike Guzinski will email everyone tomorrow with supporting documentation.

10. Administrator’s Report- Consensus of the Board: Go into executive session for a litigation matter as requested by Mike Guzinski.

11. Old / New Business:
Old
Paula Brouillette- ZBA Fees. Consensus of the Board to put on the agenda for the December 18th meeting.
Paula Brouillette-GIC Packet. Have Mike Guzinski research potential savings on health insurance in the read file and discuss with the Board.
New Mike Hughes-Meet Prior to STM at 6:30.

Executive Session Motion- Mitch Cohen to enter into Executive Session at 9:20 pm for the purposes of Litigation and to leave Executive Session for the purposes of adjournment.
Seconded- Paula Brouillette. Roll Call Vote: Mitch Cohen – Aye, Paula Brouillette – aye, Mike Hughes – aye, Scott Medeiros – aye.

Mitch Cohen made a motion at 9:50 pm to come out of Executive Session for the purpose of adjournment. Paula Brouillette seconded the motion. Roll Call Vote: Mitch Cohen – Aye, Paula Brouillette – aye, Michael Hughes – aye, Scott Medeiros – aye.

12. Adjournment:
Scott Medeiros made a motion to adjourn at 9:50 pm. Seconded- Mitch Cohen. All – aye.


Respectfully submitted;


Jane L. Alger
Administrative Secretary
Suzanne Kane
Moderator
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