BOS - May 6, 2003

BOS - May 6, 2003

Postby Suzanne Kane » Mon Nov 10, 2008 9:14 am

Board of Selectmen
Agenda
May 6, 2003


7:00 pm

1. Call to Order

2. Chairman’s Announcements

3. Citizens Forum

7:15 pm
4. Appointments – Chief Foley

7:30 pm
5. Aquifer Protection Bylaw / Water Supply in Douglas – Bill Cundiff

7:45 pm
6. Chief Gonynor

8:00 pm
7. Warrant
• Open / Close
• Discussion and Assign Articles – Town Moderator and Clerk

8. Gilford Sign

9. Economic Opportunity Area Application – Cliff Street

10. Abate outstanding taxes – Town Owned Property, Manchaug St.

11. Reserve Fund Transfer Request for Codification of General Bylaws

12. Budget

13. Correction of reporting errors to D.O.E. - Paula Brouillette

14. Administrators Report

15. Old / New Business

16. Adjournment
_____________________________________________________________________________________
Board of Selectmen
Meeting Minutes
May 6, 2003
Approved July 1, 2003


1. Call to Order:

Madame Chairman Shirley Mosczynski called the meeting to order at 7:01 pm. In Attendance: Paula Brouillette, Rich Preston, Ron Forget, Edward Therrien, Executive Administrator Ken Mahony, and Administrative Assistant Suzanne Kane.

Other staff and citizens in attendance: Police Chief Patrick Foley, Officers Keith Chipman, John Colorio, and Mark Sterling, Building Inspector Adelle Reynolds, Fire Chief Don Gonynor, Town Accountant Rich Mathieu, Town Clerk Christine Furno, Town Moderator Jerome Jussame, Assessor Supervisor Ida Ouillette and Beth MacKay, T&G reporter Steve Foskett, and Tribune reporter Tom Mattson.

2. Chairman’s Announcements:
• Craig McCallum Reception:
Shirley Mosczynski announced that the Library will be holding a reception honoring the work of Craig McCallum, Monday, May 12th from 4 to 6 pm.
• Election and Town Meeting: Shirley Mosczynski announced that the Annual Elections would be held Tuesday, May 13th from 8 am to 8 pm and the Annual Town Meeting would be Monday, May 19th at 7:00 pm. She also announced that there would be candidate debates Thursday, May 8th at 7 pm in the Municipal Center Recourse Room.
• Portable Radar Trailer: Shirley Mosczynski publicly thanked Thomas Tetreault for the portable radar trailer donated to the Douglas Police Department. She and Rich Preston attended the ceremony where Mr. Tetreault presented the trailer to the Police Department.

3. Citizens Forum:
No citizens came forward.

4. Appointments – Chief Foley:
In the agenda packet is a letter to the Board of Selectmen, from Police Chief Foley, dated April 28, 2003, re: Appointments. Chief Foley introduced Officers Keith Chipman, John Colorio, and Mark Sterling to the Board. He would like them appointed to the rank of part-time patrol officers. He explained that all three are currently employed as dispatchers. Rich Preston made a motion to approve the appointments as presented. Paula Brouillette seconded the motion. All – aye.

5. Aquifer Protection Bylaw / Water Supply in Douglas – Bill Cundiff: In the agenda packet is a memo to the Board of Selectmen, from Bill Cundiff, dated April 14, 2003, re: Aquifer Protection Bylaw/Water Supply in Douglas; Town of Douglas Aquifer Map, Plate 5; and Comprehensive Evaluation of Groundwater Resources, Douglas, MA, dated June 1986, by Geologic Services Corporation (GSC). Town Engineer Bill Cundiff came before the Board as a matter of courtesy. He explained that there have been complaints regarding the Plate 5 – Aquifer Protection Map. Stating it is a little conservative for our private wells. The Plate 5 Map, which is used for the Aquifer Protection Bylaw, and the DEP Zone II Map are different due to the addition of “Potential Future” water supplies in the Plate 5 Map. Bill Cundiff recommends that an analysis be completed to expand on the original report that GSE did in 1986 by evaluating the need for water based on buildout in Douglas. He stated that CMRPC did a Summary Buildout Analysis for the Town. Based on that summary and using 2002 water yield data, Mr. Cundiff feels the Town will need an additional .25 MGD (Million Gallons per Day) for expanded growth in Douglas. He stated the next step would be to evaluate all potential aquifer areas and potential yields. He stated that as a result, the affected areas may decrease and a new Plate 5 Map can be done. Bill Cundiff then stated that the ZBA had modified the Plate 5 Map to exclude two sites from the jurisdiction of the Aquifer Bylaw. He cautioned continuing this practice. Ken Mahony asked Bill Cundiff for the 1995 Study done by Fay Spofford to give to the Selectmen. Ron Forget feels that putting this on the back burner does not fit in with the Rt. 16 project. He asked if the 1 MGD residential water use mentioned in Mr. Cundiff’s memo included wells on the outskirts of Town. Bill Cundiff stated his information is taken from data he received. Rich Preston thanked Bill Cundiff for all his work and asked what process the two non-conforming uses excluded by the ZBA went through; did they go through a special permit? Bill Cundiff answered no; the Bylaw allows for delineation. Rich Preston stated that even with a special permit, the Board could pass expenses on to the resident. Bill Cundiff concurred but stated this was not the case in here. Rich Preston then asked what the time limit is for a new Plate 5 Map. Bill Cundiff stated there is no rush, the GIS is up so if they have any questions they use it. Paula Brouillette thanked Bill Cundiff for his work then asked it they looked at all new wells. Bill Cundiff stated that 13 sites are identified in the report. Paula Brouillette stated that the Town’s water supply is very important; Capital is looking at the next water supply. She feels they need to come up with parameters for an overall plan. Ken Mahony suggested the Town will need multi level zones with pumping stations; stating they need to be done fairly early. She said they should be planning on identifying three sites and the pressure zones to supply them. Shirley Mosczynski asked Bill Cundiff if he felt it would be beneficial to take the study from Fay Spofford and GSE; meet with the Water / Sewer Commission and then come back to the Board with feed back. Bill Cundiff reported that he has already been in contact with the Water / Sewer Commission. Concerning the two excluded sites from the jurisdiction of the Aquifer Bylaw; he re-affirmed he does not feel the issue is incorrect; he is just noting as a red flag.


6. Chief Gonynor:
In the agenda packet is a Memorandum of Understanding regarding the appointment and powers of the Chief of the Douglas Massachusetts Fire Department. Chief Gonynor came before the Board. He explained that he and Ken Mahony sat down to negotiate the Strong Chief Law. He explained that what he put together went along with MGL Chapter 42. He stated he is not concerned with whether or not he is doing a good job; his appointment has never been an issue. What he is concerned with is authority; his making decisions without interference from anyone. He feels the day to day activity of the Fire Department should fall under the authority of the Fire Chief. Rich Preston commented on the Appointment; stating there was no formal definition anywhere; he supported the three year appointment stating it added some job security to the position, not having to be reappointed each year; in addition to being on parity with the Police Chief, who has a three year contract. Chief Gonynor asked if this is a Bylaw or and agreement between he and the Board that they have to go over every year. Ken Mahony answered no, the Attorney said to do it this way; set up as a policy. Paula Brouillette stated this is a great step in clarifying at least; where does this reside in the Office, as part of Chief Gonynor’s personnel records? Ken Mahony stated there is a folder in the Selectmen’s office with policies; the Memorandum will go in there and in Chief Gonynor’s file. Rich Preston stated a copy should also go to the Town Clerk and it should be dated. He also suggested amending the title to specify Fire Chief. Ken Mahony stated he will re-write with a signature block. Rich Preston made a motion to accept and approve the Memorandum of Understanding regarding the appointment and powers of the Fire Chief of the Douglas Massachusetts Fire Department. Paula Brouillette seconded the motion. All – aye.

7. Warrant:
In the agenda packet is a copy of the May 19, 2003 Warrant Articles; List of Motions and Presenters; and the Warrant for May 19, 2003. Town Moderator Jerome Jussaume and Town Clerk Christine Furno came before the Board. Ken Mahony reported that he does not have all of the presenters signed up, but will have at the end of the week. He will start the motions also and asked Jerome Jussaume and Christine Furno for their help. Mr. Mahony announced that in a memo from the Finance Committee, dated May 6, 2003, re: Town Meeting Articles and recommendations; the Finance Committee voted to hold Articles one through nine, fourteen, and twenty three. Jerome Jussaume stated he would like to talk about procedure; set a time for adjournment stating why, which should be done by one of the Selectmen and passed by a 2/3rd vote. First set a date then postpone the articles. Rich Preston asked what provisions they need to make. Mr. Jussaume stated the Bylaws say they should adjourn to the next evening. Ken Mahony started the discussion on the articles by suggesting articles 24 through 29 be taken as one.
• Article 10 – E.O.A. Application: Ken Mahony fells this should be done by a Selectman. Ron Forget volunteered to speak on this article.
• Article 11 – Ranger T.I.F.: Ron Forget volunteered to speak on this article.
• Article 12 – Camar T.I.F.: Shirley Mosczynski volunteered to speak on this article.
• Article 13 – Mass Electric Easement: Ken Mahony stated he tried calling someone on this but they have not returned his call. Shirley Mosczynski stated that the Assessors think the Town owns the land, the article states the school has custody; this needs clarification. Also they still need grant easement. Paula Brouillette volunteered to speak on this article.
• Article 14 – Douglas Land Corp.: Need more information on this and Finance Committee recommended it held.
• Article 15 – Senior Work-off Program Increase: When asked, Ida Ouillette stated Jack Blatchford would speak on this article.
• Article 16 – Elderly – Clause 41 C Exemption Options: Ken Mahony stated Ida Ouillette had some concerns about this article. When asked, she replied that she had spoken to her Board and they feel it will work out. Jack Blatchford will speak on this article.
• Article 17 – Wetland Bylaw: Ken Mahony stated that Steve Zisk will speak on this article.
• Article 18 – Hobby / Kennel Bylaw Change: Rich Preston feels it is important that the Dog Officer comes. Shirley Mosczynski asked Chris Furno to call the Dog Officer. Shirley Mosczynski volunteered to speak on this article.
• Article 19 – Kennel License Bylaw Change: Shirley Mosczynski volunteered to speak on this article.
• Article 20 – Oak Street – Scenic Road: Shirley Mosczynski stated that Lisa Mosczynski will speak on this article.
• Article 21 – Tucker Landing: Ken Mahony stated he will ask Dick Vanden Berg to speak on this article.
• Article 22 – Gift of Land – Parcel 107-4: Shirley Mosczynski stated she still has unanswered questions on this article and suggests holding off on it. Ken Mahony does not think they need to do that. Shirley Mosczynski stated she needs more information. Ron Forget explained this Article only gives them authority to accept the land. Shirley Mosczynski stated she still needs to know about the 21E and Ron Forget agreed with her. Paula Brouillette asked if there were any issues deferring this to the 23rd? Ken Mahony answered no, the information they don’t have will be obtained in a couple of days, they just won’t have the title search. Rich Preston asked how far back they will go on the title search. Ken Mahony answered they will go back until they get to a definitive point. Rich Preston feels it would be nice to share that information at the Town Meeting then asked what the window is for the title search. Ken Mahony stated he did not know; he had assumed they wouldn’t have it, so he hasn’t been pushing it. Ron Forget asked if they find out there was an oil spill, will they have to pay for a 21E? Ken Mahony answered no; they just won’t accept it. Paula Brouillette made a motion to defer Article 22 – Gift of Land – Parcel 107-4 to June 23, 2003. Rich Preston seconded the motion. All – aye.
• Article 23 – Accept G.L. Fire Department: Ken Mahony stated Chief Gonynor will speak on this article.
• Article 30 – Planning Board & Engineering – G.L. 44, §53E: Ken Mahony will ask Dick Vanden Berg to speak on this article.
• Article 31 – Conservation – G.L. 44, §53E: Ken Mahony will find someone to speak on this article.
• Article 32 – Z.B.A. – G.L. 44, §53E: Paula asked if they could do Articles 30, 31, and 32 together or if they had to be done separately. Ken Mahony stated that if there wasn’t the $60,000 limitation, they could take as one then asked Jerome Jussaume if they could be moved as one. Jerome Jussaume answered yes.
• Further discussion: Shirley Mosczynski asked if the Fire Bylaws should be printed, and Ken Mahony stated he would ask Town Counsel. Paula Brouillette asked if an updated copy of the bylaw showing the changes could be prepared. Jerome Jussaume asked to be informed if any audio / visual aids would be used by Friday. The Board stated they needed motions no later then Thursday from Ken Mahony.
• Vote: Rich Preston made a motion to open the Warrant for the Annual Town Meeting of the Town of Douglas, May 19, 2003 at 7:00 pm at the Douglas Middle / High School Auditorium. Paula Brouillette seconded the motion. All – aye. Ron Forget made a motion to insert the articles as amended into the Warrant for the Annual Town Meeting of the Town of Douglas, May 19, 2003 at 7:00 pm at the Douglas Middle / High School Auditorium. Paula Brouillette seconded the motion. All – aye. Rich Preston made a motion to close the Warrant for the Annual Town Meeting of the Town of Douglas, May 19, 2003 at 7:00 pm at the Douglas Middle / High School Auditorium. Paula Brouillette seconded the motion. All – aye.

8. Gilford Sign:
Mr. Paul Lessard of Interface Fabrics Group came to the Board to ask for a waiver on their denied Sign Permit. He handed out drawings of the proposed sign to the Board which detail what the proposed sign will look like. He stated that changes could be made immediately if the Board chooses. Rich Preston asked Adelle Reynolds to come forward. After discussing the Sign Bylaw, Rich Preston stated that maybe there should be further review of the Sign Bylaw. Ron Forget made a motion to grant a waiver to approve a sign permit for Gilford of Maine. Edward Therrien seconded the motion. All – aye.

9. Economic Opportunity Area Application – Cliff Street:
In the agenda packet is a Massachusetts Economic Development Incentive Program Application for Designation of Economic Opportunity Area(s) for Cliff St. E.O.A. Edward Therrien made a motion to approve the Massachusetts Economic Development Incentive Program Application for Designation of Economic Opportunity Area(s) for Cliff St. E.O.A. Rich Preston seconded the motion. All – aye.


10. Abate outstanding taxes – Town Owned Property, Manchaug St.:
In the agenda packet is prepared letter for the Board of Assessors, from the Board of Selectmen, dated April 28, 2003, re: Town Owned Property – Manchaug Street, to be signed by the Board; memo to Ken Mahony, from Assistant Assessor Ida Ouillette, dated March 5, 2003, re: Town Owned Property – Manchaug Street; M.G.L. Chapter 59 §72A – Unpaid real estate taxes; abatement; a letter to Mr. Alan LeBovidge, Commissioner Division of Local Services, from Board of Assessors; dated December 30, 2002, re: Section 8 of Chapter 58; copy of Real Estate Taxes, bill # R-2875; and a zone map of the location. Ron Forget made a motion to approve the abatement of outstanding FY02 taxes for $498.00 on Property Map 136-13, per M.G.L. Chapter 59, §72A, conveyed to the Town by Edward k. Renaud, Jr., Trustee of Douglas Woods Realty Trust. Edward Therrien seconded the motion. Ida Ouillette explained that the Board is giving the Assessors the authority to abate the taxes. Ron Forget amended his motion to authorize the Board of Assessors to abate the outstanding FY02 taxes for $498.00 on Property Map 136-13, per M.G.L. Chapter 59, §72A, conveyed to the Town by Edward k. Renaud, Jr., Trustee of Douglas Woods Realty Trust. Edward Therrien seconded the motion. All – aye.

11. Reserve Fund Transfer Request for Codification of General Bylaws:
In the agenda is a letter to the Board of Selectmen, from Ken Mahony, dated March 25, 2003, re: Codification of By-Laws; and a copy of the Request for Transfer from the Reserve Fund, dated April 28, 2003, for Codification of General Bylaws. Ken Mahony explained that the only place he can come up with money for the Codification of the General Bylaws is from the Reserve Fund. He stated that some of the Reserve Fund has been frozen to cover the deficit. Rich Preston questioned why Mr. Mahony is placing the funds into the Town Counsel Account. Because the Town Counsel account has not been expended and Reserve Funds are for expended accounts, it was decided to place the funds into the Contractual Services Account 001-122.001-801.000. Rich Preston made a motion to approve the Request for Transfer From the Reserve Fund, to transfer $9,050.00 to Selectmen’s Contractual Services Account 001-122.001-801.000 for Codification of the General Bylaws. Ron Forget seconded the motion. All – aye.

12. Budget:
Rich Mathieu came before the Board to go over the Budget. He reported that the House Budget was released April 23rd. All revenue numbers are final. Rich Mathieu also reported that the School Committee approved a budget last week but he has not seen a break down yet. Ken Mahony explained that after the House 1 Budget came out they had to make some cuts. As he understands it, the School Committee adopted the Budget with out taking the $144,000 out in hopes that things would work out down the road; if the Board wants a balanced budget, they will have to assign a different appropriation to that amount. He stated that he is opposed to going with an unbalanced budget. Shirley Mosczynski agrees; stating the Board is trying to keep from laying people off. Ken Mahony stated that by May 20th we should have what the financial numbers are. Ron Forget asked why they are waiting for June to go over the numbers is they will have the figures by May. Ken Mahony stated they are waiting for the Senate, which will give them more time. Shirley Mosczynski stated that Blackstone Valley Vocational High School has a plan, but they don’t know where that plan is going to go. Rich Mathieu stated that he feels they have submitted their final plan; they are not following along with their normal procedures.

13. Correction of reporting errors to D.O.E.:
In the agenda packet is the Chapter 70 Trends, FY93 through FY03, for Douglas, as of April 11, 2003. Paula Brouillette stated she had this item put on the agenda as a follow up to Mark Abrahams meeting where he pointed out that Douglas had misreported pupils for Chapter 70 and she would like to suggest that the School correct the errors which could affect future history reporting. Ron Forget remembers that Mr. Abrahams stated the error would have no impact, mistakes happen. He has a problem with the School not being at the meeting. Ron Forget passed out an email from Roger Hatch, DOE, to Regina Cardone, School Business Administrator, dated May 2, 2003, re: FY02 Foundation Enrollment. Paula Brouillette stated that she takes her responsibilities very seriously and thanked Mr. Forget for the information, but wishes she could have received it prior to the meeting as she has presented her information; stating that his information is more accurate then hers. She would like to recommend to the School Committee that they respond to the Board, how this error is going to be corrected. Ron Forget stated that he just received the information today. Shirley Mosczynski asked why the rest of the Board or Mr. Mahony did not receive the information. Mr. Forget was not sure. Paula Brouillette said that Mr. Abrahams stated the School should be working with the State to figure a way to correct this error; these figures are used for reporting. Paula Brouillette made a motion to have the Executive Administrator draft a memo to be reviewed by the Board, to go to the School Committee having them present a plan to correct State records in regard to enrollment in FY02. Ron Forget stated he feels this will cause animosity. Rich Preston stated he wants the records to be corrected for history. Shirley Mosczynski stated this is a advisory motion. Ron Forget stated he feels that it is not an advisory motion because it states “make a plan”. He feels it should ask if the State has corrected the figures. Paula Brouillette suggested making an amendment to her motion. Rich Preston amended the motion to read, have the Executive Administrator draft a memo to be reviewed by the Board, to go to the School Committee to review the DOE records as to accuracy. Paula Brouillette stated she feels the motion should contain an action. She said if the records can not be changed; include a notation that there is an error. Paula Brouillette withdrew her motion. Paula Brouillette made a motion to have the Executive Administrator draft a memo to be reviewed by the Board, to go to the School Committee to review the DOE records and take appropriate action. Rich Preston seconded the motion. On the Vote: Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, Ron Forget – nay, Edward Therrien – nay. The motion passed.

14. Administrator Report:
• Veterans Director:
Ken Mahony reported that they have reviewed the applications from candidates for Veterans Director and there are four good ones. One is from Douglas but he could not attend the interviews. They should have a decision with in a week. Once one is selected, Mr. Mahony would like to bring him in to meet the Board.

15. Old / New Business:
• Meetings outside the Selectmen’s Meetings:
Ron Forget stated there are a lot of meetings going on that the full Board is not aware of. He mentioned the meeting Shirley Mosczynski had with Ken Mahony, Town Accountant Rich Mathieu, School Superintendent Connie Verge, School Committee Chair John Durkin, and Finance Committee Chair Pam Holmes. Shirley Mosczynski explained that she is open about the meetings and brings information back to the Board. She stated she is not sneaking around and the meeting with the School was at Ken Mahony and Rich Mathieu’s recommendation.
• North St. and ‘C’ Street Intersection: Ken Mahony stated that he has not talked to Chief Foley yet. Chief Foley was going to talk to Marie Martinsen, the owner of the business at the intersection.
• Reorganization Meeting: Shirley Mosczynski reminded the Board that the reorganization meeting is posted for May 14th.

16. Adjournment:
Rich Preston made a motion to adjourn at 9:50 pm. Ron Forget seconded the motion. All –aye.


Respectfully submitted,


Suzanne Kane
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Suzanne Kane
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