BOS - April 1, 2008

BOS - April 1, 2008

Postby Suzanne Kane » Thu Mar 27, 2008 1:10 pm

Board of Selectmen
Agenda
April 1, 2008


7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

7:05 pm
1. Special License – Beagle Club

2. FY09 Budget Discussion and Approval

7:40 pm
3. Layout Public Meeting – Hilltop Estates

8:00 pm
4. Layout Public Meeting – Fairway View Estates

8:20 pm
5. Layout Public Meeting - Whispering Pines Subdivision

6. Capital Article Discussion – Capital Com.; Water / Sewer; Fire Chief; Town Engineer

7. COLA for FY09

8. Sign STM & ATM Warrants

9. Board of Health – Water Quality Discussion

10. Board of Health – Mutual Aid Agreement

11. Letter from DCR

12. Discontinuance of Route 16

13. Minutes: June 26, 2007; June 26, 2007 Exec. Session; Aug. 7, 2007; Aug. 21, 2007; Aug. 21, 2007 Exec. Session; March 18, 2008 Exec. Session

14. Administrator’s Report

15. Old / New Business

16. Adjournment
____________________________________________________________
Future Agenda Items:
April 15th:
7:00 pm Town Moderator & Town Clerk; 7:10 pm Skate Park Update

April 22nd: 6:00 pm Executive Session

TBD: Fraud Policy; Personnel Policy; Finance Policy; Water/Sewer
_____________________________________________________________
_____________________________________________________________
Douglas Board of Selectmen
Meeting Minutes – April 1, 2008
Approved June 3, 2008


Call to Order:
Chairman Mike Hughes called the meeting to order at 7:02 pm in the Resource Room at the Municipal Center.
In Attendance: Vice Chair John Bombara, Paula Brouillette, Mitch Cohen, Scott Medeiros, Executive Administrator Mike Guzinski, Administrative Assistant Suzanne Kane.
Others: William Cundiff-Town Engineer, Pamela Holmes-FinCom Vice Chair, Adelle Reynolds-Building Commissioner, Fire Chief Gonynor, Rick Colonero-Facilities Maintenance Manager, Steve Zisk-Planning/Conservation Agent, Mike Yacino-Conservation Vice Chair & Marylynne Dube-Chair, Roy Swenson-Planning Board, Cathryn Welch-Permit Coordinator, Sue Perkins-Open Space Chair, Tom Devlin-Cable Committee Chair, Shirley Cooney-Cemetery Commission Chair, Lt. Gilbert-Capital Committee Chair, Board of Health-Justin Lapham Chair, David McCallum-Vice Chair & Marleen Bacon,
Shirley & Leon Mosczynski, Barbara & Cliff Van Reed, Steve Dix, Patty Kelleher, Gina Muscatell, Pauline Gavlak & Derek Brown. Christine Nelson-Beagle Club Bar Manager, Kevin Bliss, Mark Munzo, Dudley Building Department Clerk-Cheryl Fiorentino
Tribune Reporter-Tom Mattson, T&G Reporter-Steve Foskett.

Chair Announcements – Mike Hughes: None

Citizen’s Forum: No one came forward.

1. Special License – Beagle Club:
Chris Nelson came forward. Suzanne Because they are a club, they are allowed this license. Held last year without incidence. Police Chief asked for same recommendations as last year.
Motion- Mitch Cohen to approve the special all alcohol liquor license, to serve and consume alcohol outside for Family Fun Field Day from 11am – 6pm, Sunday June 22, 2008, one detail officer must be on duty from 2pm – 6 pm, no drinking outside after 6pm.
Seconded- Paula Brouillette. All – aye.


2. FY09 Budget Discussion/Approval (Handouts) Building Department Budget/Review/History: Mike Guzinski At the direction of the Board at the last meeting, research done and reviewed of Building Commissioner/Department. Mike Hughes Detailed discussion at workshop last week, focus discussion tonight on new information received tonight.
Discussion: Potential for increased costs, savings of $28,615 for a fifteen (15) hour decrease, possible off-sets, State recommendation the Building Department responsibilities be funded approximately 75% based on current allocation, ADA a major issue that if dropped could cause legal issues, zoning compliance, comparison done solely to Town of Dudley. Mike Guzinski Spoke briefly to Dudley Town Administrator, they have been getting by with part time (20 hours a week for more than seven years), not ideal, the work gets done but get a volume of complaints, looking to try to increase the hours to 30 but their budgetary situation will not allow that this year.
Motion- John Bombara We cut the hours down to twenty (20) in the Building Department and take that money and put it towards the Fire Department. Seconded- Scott Medeiros.
Discussion: Mitch Cohen
We don’t have the authority to put anything towards any other line item, so that motion is out of order. Town Meeting has that authority to move money between departments. Mike Hughes We have the authority to make recommendations to move the money.
John Bombara withdrew his motion.
Motion- John Bombara Reduce the hours to twenty (20) and make the recommendation to transfer this money to the Fire Department. Seconded- Scott Medeiros.
Mike Hughes
Requested those from the audience who wanted to speak be brief.
Opposed Spoke:Cheryl Fiorentino, Patty Kelleher, Shirley Mosczynski, Pam Homes, Gina Muscatell. Fire Chief Don Gonynor Requested not to put one public safety department against another, appreciate the support but not this way.
Mitch Cohen Spoke to a retired Building Inspector to get his input on short/long term impacts on cutting/reducing a position and regarding codes. Discussed accidents, lost lives resulting from improper inspections. Fire Chief requested for public safety reasons he is opposed to this. Mike Hughes Those are good examples but reminded he requested at the beginning of the meeting that only new information presented to us tonight be discussed. Prioritizing public safety is a difficult thing to do and people also die when they have to wait 15+ minutes for an ambulance. Willing to listen to any new pertinent information. Mitch Cohen Let the record reflect the Chair cut off proper discussion of the meeting.
John Bombara This is not a permanent situation, will work out the funding if she (Adelle Reynolds) is back at full time when the market picks up. Paula Brouillette Distressing to have members of the FinCom not bring it up there and sit on this Committee and bring it up here, an abuse of power that’s coming to this meeting and circumventing the comments of our Administrator, the process of the FinCom to look at a budget, to come in here and say we’re going to trade one public safety official for another because one or two people have decided that’s the priority. There has to be a process to be followed. Scott Medeiros For the record, respect Chief Gonynor’s opinion to speak against the decision to support his department. There is a critical need for ambulance transporting.
Paula Brouillette Point of Order We are discussing the hours of the Building Inspector. Appreciate your comments, the issue tonight is we have a budget before us and the Building Inspector’s hours.
Discussion: Funding one EMS position, other additional costs (unemployment/legal costs), information received from Administrator associated with this change not being accounted for.
*On Motion: Aye - Scott Medeiros, John Bombara, Mike Hughes.
Opposed - Paula Brouillette, Mitch Cohen.
Motion to Adjourn: Mitch Cohen. Seconded- Paula Brouillette,
Opposed - Scott Medeiros, John Bombara, Mike Hughes.
Aye - Mitch Cohen, Paula Brouillette.


Motion- Mitch Cohen To approve the Executive Administrator budget proposal as presented $22,221,510. Seconded- Paula Brouillette. Aye - Mitch Cohen, Paula Brouillette.
Nay - Scott Medeiros, John Bombara, Mike Hughes.
Motion- Scott Medeiros to accept the Executive Administrator’s budget with the amendment of reduction in the wages category from the Building Department the figure of $28,616 with the recommendation that we utilize to fund one EMS line item under the Fire Department budget. Seconded- John Bombara.

*Amended Motion- Mitch Cohen Instead of transferring money to the Fire Department, transfer to Legal Expenses $28,615 to fund Town Counsel. Seconded- Paula Brouillette. Aye- Mitch Cohen, Paula Brouillette.
Nay- Scott Medeiros, John Bombara, Mike Hughes.
*On Amended Motion: Aye- Scott Medeiros, John Bombara, Mike Hughes.
Nay- Paula Brouillette, Mitch Cohen. Motion Passed: 3 to 2.

Layout Hearings: Scott Medeiros recused himself and left the room.
Bill Cundiff came forward. All three layouts are similar in status, statutory requirement to petition the Town for road acceptance through vote by Board of Selectmen followed by a vote at Town Meeting to accept as public way.

3. Layout Public Meeting – Hilltop Estates: Bill Cundiff Twenty-two lots located near Webster/Connecticut town boundary, Planning Board has signed, need to street sweep and clean catch basins prior to May 5th Town Meeting and a few easement language issues their Counsel is working out with ours. If not resolved, they’d be passed over. Bulk of the work is satisfactory/adequate from a construction perspective. Preferential from the Board to sign now or later when issues are resolved. GIS aerial photo included of the site has red lines that don’t overlay where the pavement is. Cartographics assured it was a mapping issue on their end, survey was accurate in terms of the road. Meeting with them next week.
Mike Guzinski The Board has only one more meeting before Town Meeting.
Consensus of the Board to hold until the 15th.

4. Layout Public Meeting – Fairway View Estates: Kevin Bliss, Joe Tedeschi also came forward. Bill Cundiff Nine lot sub-division on the east side of town, near Blissful Meadows Golf Course, south of Linden Street and much further along as far as legal documents than Hill Top. Working on the one lot and right of way, need to street sweep and clean catch basins prior to Town Meeting. Feel comfortable with this one being signed. Mark Munzo Fairway View resident stated sidewalks are cracked, retaining walls in front are falling down, tree issues. Bill Cundiff Brought up to Planning Board, endorsed the plans, okay with the standard of construction at the site, issues with the retaining walls are not part of the project, its an amenity the builder provided to the development without any oversight from Planning Board. Sidewalks monitored during construction, built properly from a construction perspective, more of an esthetic than a safety issue, rules and regs for trees are very loose and a lot of latitude of what a builder can provide for that sort of amenity. Planning Board was fine with the status of the project.
Motion- John Bombara to approve Fairway View Estates road layout and acceptance as presented. Seconded- Mike Hughes. Aye-Mike Hughes, John Bombara.
Abstain-Paula Brouillette, Mitch Cohen.
Mike Hughes Based on that the motion doesn’t pass.

Move to next meeting the 15th.

5. Layout Public Meeting – Whispering Pines Subdivision:Contractors also came forward. Bill Cundiff Five lots off Caswell Court and Newport Drive, outstanding issues with easements and right of way, article got passed over last Town Meeting. Waiting for copy of construction certification for the water line installation, Dennis (Water/Sewer Systems Manager) gave certification of the design, there should be one for the installation, and question on sewer extension permit-these are DEP items. Developer stated Atty Tom Wickstom indicated optimistic they should be resolved to get it to Town Meeting, and it’s the first he’s heard of the last two items. Bill Cundiff Still have to forward to Town Counsel for review. I’d be surprised if all issues are resolved by Town Meeting. No need to street sweep or clean catch basins.
Paula Brouillette It’s known it’s a once a year process so everything should be in place. Prior to Bill coming on board there was no process to put this together, weed out problems (clear title) before going to Town Meeting floor so we don’t have the issue on the back end.
Consensus of the Board to wait until the 15th.

6. Capital Article Discussion – Capital Committee, Water/Sewer, Fire Chief, Town Engineer (Handout):Bill Cundiff, Lt. Gilbert, Chief Gonynor came forward. Lt. Gilbert reviewed Capital Committee report. Out of 11 projects, 5 fell in funding source: Total is $268,140, a good plan, well thought out, did homework, spoke to Department Heads and these projects should be completed.
Discussion/questions/answers followed. Aquifer Study- Welcome participation by Water/Sewer to develop the wells right now in the funding source, do not have authority over their funds, an important study that needs to be done to maintain a safe and plentiful water supply for the Town in the future.

7. COLA FY09: Mike Guzinski Personnel Board voted to recommend 3% for all Non-Union Town Employees. As a point of reference, Collective bargaining agreements with the teachers and Police both call for a 3% contractual increase.
Motion- Mitch Cohen to approve the 3% COLA as recommended by the Personnel Board. Seconded- Paula Brouillette. All - aye.

8. Sign STM & ATM Warrants (Handout-Funding Breakdown):Mike Guzinski Draft is in your packets for both warrants.
STM Recommend the Board vote to accept and sign the warrant as written.
STM Motion- Mitch Cohen to approve STM Warrant for May 5th 2008 as presented.
Seconded- Paula Brouillette. All - aye.

ATM updated articles received this evening reviewed.
*Article 5 FY09 Water/Sewer Enterprise Fund: Motion- Paula Brouillette Instruct the Executive Administrator to work with Water/Sewer to adjust their budget to policy that was enacted by the Board of Selectmen for their FY09 budget. Seconded- Scott Medeiros. All - aye.
*Article 18 Open Government Bylaw: Verbage
*Article 20 Municipal Storm Drainage Bylaw: The way Bylaw is written
*Article 21 43D Bylaw Change: The way Bylaw is written, minor verbage changes.
Changes recommended by Counsel

*Paula Brouillette Review the Permanent Building Committee Report/Presentation on the 15th. Bill Cundiff to get the report.

Motion- Mitch Cohen to accept as amended and to sign the Warrants. Seconded- Scott Medeiros. All - aye.

9. Board of Health – Water Quality Discussion (Handouts):Justin Lapham, David McCallum came forward. Justin read letter dated March 12, 2008 regarding Board of Health jurisdiction over water quality issues/inspection of private wells, involvement of Conservation-which at no time collaborated with the Board of Health as was lead to believe. Board of Health will be placing public service announcements on local cable, in local newspapers and pamphlets urging private well water be tested periodically.
Issues: Water Quality Issue, gross misrepresentation of the Board of Health to the public, unauthorized use of Board of Health letterhead and signature, Open Space Committee as a co-sponsor and public meeting held, specific properties have been labeled, we’re not in the well testing business as a Town. Tried unsuccessfully contacting Lisa Mosczynski. Talked with DEP, Mass Dept of Public Health, were told to speak to the Selectmen. Would like permission to seek legal counsel to see what our next steps would possibly be. No malicious intent or under-mining, would like to encourage this resolved locally as something internally, get all concerned people together, has gotten elevated, may not agree with their understanding, the Board will help to support you with whatever the next step might be. They need to handle their charge and we handle ours. Board of Health and Mike Yacino met on March 5th, and did try to see the Board sooner. Will bring your recommendation to the other members of the Board.
Discussion/Comments:There needs to be some way of having the Town help and coordinate with residents making sure there water quality is safe. Most don’t know they should test and don’t know what the tests mean. David McCallum Water in the Town of Douglas, as far as Board of Health is concerned, is excellent, there’s plenty of it and no need or desire to talk to another Board over water quality. It’s the peoples privately owned well, should have it tested periodically and as often as they feel fit.
Motion- John Bombara allow Board of Health to seek Town Counsel for advice on this issue.
Recommendation: Mike Hughes
Get the information out there that Douglas does not have a water problem, if it involves well testing it’s something that needs to be coordinated and communicated with your Board. Encourage the need to have discussion with those on the other committee holding the event to get a clearer picture to what they’re doing, may not agree, and should communicate with the Board of Health. This is very serious if it involves well testing.
*Amended Motion- Scott Medeiros Support the motion to authorize the Board of Health to seek legal guidance based on information presented after having a Board wide discussion and a concerted effort with ConCom, Open Space, first to see if that could be avoided and try and resolve it. David McCallum Read a section of power/legal responsibilities of the local authority-Public Health Department. Motion not seconded.
Consensus of the Board to have Mike Guzinski arrange a meeting with the Board of Health and Chairs of the Committees involved: ConCom, Open Space then report back to the Board before going to Town Counsel.
10. Board of Health – Mutual Aid Agreement (Handout): Mike Guzinski The list of Cities and Towns has changed.
Motion- Scott Medeiros to have the Chairman of the Board of Selectmen (Mike Hughes) endorse the Mutual Aid Agreement among Public Health Agencies in Emergency Preparedness Region II as presented. Seconded- Mitch Cohen. All - aye.

11. Letters from DCR (Handouts): Read by Mike Guzinski.
-Letter dated February 27, 2008: Acquisition of approximately 95 acres of land in the Town of Douglas. Certifcate of Announcement signature needed by Michael D. Hughes-Board of Selectmen Chair.
-Letter dated January 29, 2008: Acquisition of approximately 16 acres of land, certificate of announcement.

12. Discontinuance of Route 16 (Handouts):Bill Cundiff came forward to give some background. Started approximately eight years ago, re-construction, turning lanes for the Elementary, Middle and new High Schools. As part of one of the initial agreements to get funding for this project the previous Board agreed with Mass Highway to have that section of roadway that was improved be discontinued, no longer be a State Highway and basically fall under the jurisdiction of the Town.
Looking for a vote from the Board stating in favor of a discontinuance of Davis Street, Route 16, between Station 7+77.72 to Station 34+98.47. (Bill included before and after photographs)
Motion- Scott Medeiros to support the discontinuance of Davis Street, Route 16, from Station 7+77.72 to Station 34+98.47 on a record baseline of Route 16 in accordance with that agreed upon by the previous Board. Seconded- Mitch Cohen. All – aye.

Roy Swenson addressed the Board. Respectfully request the Board to re-consider the vote previously taken on the Building Department. Mike Hughes Thanked him for his request.

13. Minutes: June 26, 2007 Workshop. Motion- Mitch Cohen approve with noted corrections.
Seconded- Paula Brouillette. All - aye.
Executive Session June 26, 2007 Motion- Mitch Cohen approve with noted corrections and retain
the Executive Session Minutes of June 26, 2007. Seconded- Paula Brouillette. All - aye.
August 7, 2007 Motion- Mitch Cohen approve the August 7, 2007 meeting minutes as presented.
Seconded- Paula Brouillette. All - aye.
Executive Session August 21, 2007 Motion- Mitch Cohen approve and retain the Executive
Session Minutes of August 21, 2007. Seconded- Paula Brouillette. All - aye.
August 21, 2007 Motion- Mitch Cohen Approve the minutes of August 21, 2007 as presented.
Seconded- Paula Brouillette. All - aye.
Executive Session March 18, 2008 Motion- Mitch Cohen approve and retain as amended the
Executive Session Minutes of March 18, 2008. Seconded- Paula Brouillette. All - aye.

14. Administrator’s Report: Mike Guzinski (Handouts) read.
-Letter from Mr. Lawrence Bombara (Handout): Commended Superintendent John Furno and Douglas Highway employees for their performance this past winter dealing with limited funding, resources and materials. All agreed a great job done keeping our roads clear and safe.

-Letter to Police Chief Foley (Handout): From District Attorney Joseph D. Early regarding the DARE Program, applauding work offering children alternatives to drugs, alcohol and crime. Awarded a check in the amount of Two Hundred and Fifty ($250.00) Dollars to be used for the DARE Program.

-Letter to Police Chief Foley (Handout): Congratulations and thanks from Secretary, Kevin M. Burke and the Commonwealth of Mass Executive Office of Public Safety, participating in the Third Annual Massachusetts Law Enforcement Challenge and placing First in the Award of Excellence Silver Category for municipal departments for efforts to reduce motor vehicle related deaths and injuries on our roadways. (Ceremony details to be relayed at a later date.)

-Proclamation received from the Town of Uxbridge Board of Selectmen to Douglas Fire Department: Assisting with containing the fire at the Bernat Mill Complex, 19 Depot Street, Uxbridge, Saturday, July 21, 2007. A massive 10 alarm blaze resulting in one of the largest fires in the history of the Commonwealth. 600 fire fighters from 78 communities responded offering mutual aid. Fire suppression efforts lasted several days. Assistance of the Town of Douglas Fire Department was critical and prevented risk from neighboring property. Gratefully accept their proclamation on behalf of the Town.

15. Old / New Business:
Old:
None

New: Paula Brouillette- Wednesday, April 30th, Eleven Town Board of Selectmen Meeting at Blackstone Valley Tech. Issues:Recommendation to develop a Blackstone Valley Economic Development Council, and looking at regionalized services.

16. Adjournment- Mitch Cohen motion to adjourn at 10:45 pm. Seconded- Paula Brouillette.
All - aye.

Respectfully submitted,

Jane L. Alger
Administrative Secretary

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Suzanne Kane
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