BOS - December 2, 2003

BOS - December 2, 2003

Postby Suzanne Kane » Mon Nov 10, 2008 10:36 am

Board of Selectmen
Agenda
December 2, 2003

6:00 pm

1. Call to Order

2. School Committee Appointment – with School Committee

6:30 pm
3. Executive Session – Union Contract Negotiations

7:00 pm
4. Insurance Advisory Committee – Sharon Brotherton

5. Chairman’s Announcements

6. Citizens Forum

7:15 pm
7. Chapter 61 – Chamberlain

7:30 pm
8. Class II – License Renewals

7:45 pm
9. Elderbus – Board of Directors Representative Appointment

8:00 pm
10. Bylaws Re-codification update

11. One Day Alcohol permit – Historical Society

12. ABCC – Population Estimate for 2004

13. Old / New Business

14. Adjournment
______________________________________________________________________________________
Reminder:
December 1st and 4th - Pre Interview Meeting at 6:30.

Future Agenda Items:
December 16:
• Liquor License Renewals, Entertainment License, any left over Class II Licenses
• Skate Park
• Executive Session - Union Contract Negotiations
January 6: • Chapter 61B - Crabbe
• Grant Writer Update – Bill Cundiff
• Executive Session - Union Contract Negotiations

Items waiting for new Administrator:
• Auctioned Land
• Preamble the Bounds
• Grant writer
• Insurance Advisory Committee
______________________________________________________________________________________
______________________________________________________________________________________
Board of Selectmen
Meeting Minutes
December 2, 2003
Approved January 20, 2004


1. Call to Order:

Madame Chairman Shirley Mosczynski called the meeting to order at 6:00 pm. In attendance: Paula Brouillette, Rich Preston, Ron Forget, Edward Therrien, and Administrative Assistant Suzanne Kane.

Other staff and citizens in attendance: Town Treasurer Sharon Brotherton, Police Chief Patrick Foley, Town Clerk Christine Furno, School Committee Chair Sandra Raines, and School Committee members Ann Brunson, Leslie Breault and Shirley Downs, Tom Navaroli, Dave St. George, Shirley Cooney, Margaret Reed, Mitch Cohen, Pete Tetreault, Lisa Mosczynski, Deloris Colonero, Eileen Kelly, Marylynn Dube, Gordon Chamberlain, and Joan Chamberlain.

2. School Committee Appointment – with School Committee:
In the agenda is a letter to the Board of Selectmen, from the Douglas School Committee, dated October 31, 2003; Application for Boards and Commissions, from Shirley Cooney, 262 Main Street, dated November 14, 2003, for School Committee; Application for Boards and Commissions, from Tom Navaroli, 56 Southwest Main Street, dated November 10, 2003, for School Committee; Application for Boards and Commissions, from Margaret Reed, 60 Gilboa Street, dated November 12, 2003, for School Committee; Application for Boards and Commissions, from David St. George, 5 Gilboa Street, dated November 13, 2003, for School Committee; and a letter sent to all applicants, from Administrative Secretary Jane Brule, dated November 18, 2003. School Committee Chair Sandra Raines called her Board to order. Shirley Mosczynski read the letter from the School Committee and reported that four applications were submitted. She thanked the applicants for their interest and explained that after the question and answer period a roll call vote would be taken. She and Sandra Raines both checked with Town Counsel on this.
• Tom Navaroli: Tom Navaroli stated that he is a member of the Finance Committee and past Chairman of the Board of Selectmen and continues his involvement with the Town. He stated that his priority would be the upcoming budget cycle and finish commitments with the New School; working with them not against them. Paula Brouillette asked what he sees his relationship is with the School and other Boards. Tom Navaroli stated the School has the major part of the budget with a limited amount of revenue. Rich Preston asked what the roles and responsibilities are of the School Committee. Tom Navaroli stated they are defined by Ed-reform; implementing policy and procedures. Shirley Mosczynski asked how he will make a difference. Tom Navaroli stated by working with the Finance Committee and the Board of Selectmen will be the biggest challenge. Leslie Breault asked if he plans to run in May, to which Tom Navaroli answered, yes. Sandra Raines asked what his goals would be for the budget. Tom Navaroli stated that since the appointment would only be until May, it should be tactical not strategic. If he wins the election, then he will address that issue. Shirley Downs asked about relationships between Boards. Tom Navaroli stated the three way meetings should be held quarterly. Tom Navaroli closed by asking for their support.
• Shirley Cooney: Shirley Cooney stated she has a lot of thoughts and ideas if she were on the School Committee. Her whole life has been centered around Schools and the School Committee; her husband was on the School Committee for many years. She stated that she has history with the process in the School; she is an immigrant and married an American. She was appalled that her son had to share a reading book. When she complained she was told she could help with the budget so she went to FinCom. She was startled with their lack of connection with parents who wanted to be involved with their kids. She commends the Board of Selectmen, stating they are doing a great job. She stated that the School Committee needs community support for programs and students; people should be talked to, she stated she can not understand what is being said at the meetings when watched on cable. Paula Brouillette asked how she would get people involved. Shirley Cooney stated that the students should be required to attend a certain number of meetings; they should be introduced to Town Government. Rich Preston asked how she sees the School Committees relationship with the Superintendent. Shirley Cooney stated she sees it as the School Committee deferring to the Superintendent. She feels information should be given several days prior to meetings. The School Committee is the ‘Chairman’ and Chairmen must rely on the information given by the Superintendent. Shirley Cooney clarified her statement of purpose by saying; the School Committee is in charge. Shirley Mosczynski asked what is the greatest attribute she will bring to the School Committee. Shirley Cooney stated passion. Shirley Downs asked if she would continue after May to which Shirley Cooney answered yes. Leslie Breault asked what educational goals she sees as important. Shirley Cooney stated she would prioritize after she is elected. Ann Brunson asked when the last time was that she was in the School. Shirley Cooney stated she has been there several times to get involved with the Student Counsel, she has never heard back. She also goes in to read to the kids. Sandra Raines asked what experience she has with budgets. Shirley Cooney stated her experience is with her own business budget.
• David St. George: David St. George thanked the Board stating they have always supported the School System. He stated that he tunes into Committee meetings on cable, but he can not understand what is being said at the School Committee meetings. He commented that the MCAD scores are low and he will work to get the most for our dollars. David St. George stated the Board of Selectmen and the School Committee need to work together. He will insist on financial responsibility and accountability. He will also insist on Roberts Rules for all members at meetings. Ron Forget stated that the reason he is not asking the candidates questions if because he knows all the candidates and does not need to ask questions. Paula Brouillette asked David St. George what he thinks the relationship between the School and other boards is. Dave St. George stated they should be conducted in a professional manner. Paula Brouillette asked if he thought they should have more joint meetings to which Dave St. George said yes. Shirley Mosczynski asked what Dave St. George could bring to the School Committee. Dave St. George stated financial responsibility. Shirley Downs asked about his comment on his application that stated, “I wish to fill the void in adequate leadership and fiscal responsibility on the present School Committee”. Dave St. George stated he feels the “tail has been wagging the dog instead of the dog wagging the tail”. Leslie Breault asked if he planned to continue in May. Dave St. George stated it would depend on the progress from now until May. Sandra Raines asked Mr. St. George what his understanding of Ed-reform is. He stated he would rather wait and read the information before commenting on it.
• Margaret Reed: Margaret Reed stated that she was on the School Committee and one of the School Building Committees. She then was involved in getting her doctorate experience on the educational side. She understands what Dave St. George said about the MCADS, but is also looking at School Choice, stating maybe we are better then we think we are. Paula Brouillette commented on Margaret Reeds use of the word ‘team’ in her application. Margaret Reed stated that she had seen the item in the paper which lead up to the vacancy on this Board and the comments from the Superintendent; stating that groups are acting against each other. Margaret Reed hopes that working together will solve a lot of problems. Rich Preston asked what Margaret Reed feels are the major failures in education K-12. Margaret Reed feels the Schools are successful in bringing children into the new millennium; they are better equipped to deal with technology etc. She feels they are not however reaching a whole group of kids. People are working more, they are not staying home, and the supports the Schools used to rely on are no longer there. Edward Therrien stated Margaret Reed has done a very good job. Shirley Mosczynski asked about Margaret Reed’s collegial experience. Margaret Reed stated she has worked with 8 different school systems. Shirley Downs asked what positions she has held in administration. Margaret Reed stated Special Education, working with a 4 million dollar budget. She went from teacher to coordinator. Leslie Berualt asked Margaret Reed when the last time she attended a school function was. Margaret Reed stated that with-in the decade she got involved in the John Hopkins program; she is the one who brought it to the school. Ann Brunson asked what she feels are the challenges for the budget. Margaret Reed stated over the long term it could be raising and the MCAD’s. Sandra Raines asked what her ideas are to reach every kid. Margaret Reed stated that she had gotten a grant and then went to other Towns to explain how to keep kids involved. She stated that multi-age grouping works for most kids. Also the Montessori approach is something to think about. She also stated she plans to run in May.
Dave St. George withdrew his name in support of Margaret Reed. Shirley Cooney did the same, stating she was very impressed by Margaret Reed. On the vote: Edward Therrien – Tom Navaroli, Ron Forget – Tom Navaroli, Shirley Mosczynski – Margaret Reed, Rich Preston – Margaret Reed, Paula Brouillette – Margaret Reed, Sandra Raines – Tom Navaroli, Ann Brunson – Tom Navaroli, Leslie Breault – Tom Navaroli, Shirley Downs – Margaret Reed. Tom Navaroli - 5, Margaret Reed - 4.

Joint Meeting with the School Committee adjourned at 6:58 pm.

3. Executive Session – Union Contract Negotiations:
Chief Foley stated he had no updates for the Board and there for there is no reason to go into Executive Session.

4. Insurance Advisory Committee – Sharon Brotherton:
In the agenda packet is a letter to the Board of Selectmen, from Town Treasurer Sharon Brotherton, dated November 13, 2003, and a copy of MGL Chapter 32, §3B: Section 3 Purchase of group life, accidental death, etc., insurance policies; reinsurance agreements. Sharon Brotherton came before the Board, she stated that MGL says there must be an Insurance Advisory Committee. She stated the decision has to be made by January; March 1st is open enrollment. Rich Preston asked if there was ever a Committee in the past. Sharon Brotherton stated there has been one every year, her plan is to have the Committee do the work. She stated that Ken Mahony set up the Committee last year and they only met for 30 seconds. Sharon Brotherton stated that over the last 11 years she has mostly made the decisions; it’s important this year because the Town is in contract negotiations. Paula Brouillette asked if the Committee would be responsible for looking at presenting 4, 3, 2, or 1 policy. Sharon Brotherton stated they will look at all possibilities. Paula Brouillette asked if they will also be looking at disability. Sharon Brotherton stated that the Town does not currently offer disability. Paula Brouillette feels the Board should have a charge for the Committee. Sharon Brotherton stated she spoke with everyone as presented in her letter, except the School Union and the retired personnel. She suggested sending a letter to Connie Verge and letting her select a representative. Rich Preston feels there is more work to be done; he feels it is not as straight forward as they think. He stated he feels it should be a standing committee re-appointed each June. Sharon Brotherton cautioned that the open enrolment is in March. Ron Forget asked who Debra Young from HRB Associates is. Sharon Brotherton explained they are a consulting firm; they bring proposals to the different companies. Rich Preston recommended placing this item on the next agenda, to be better prepared and to give the Committee their charge. Sharon Brotherton asked who would be doing the work to get it ready for the next meeting. Shirley Mosczynski suggested they try to get a motion out of this. Ron Forget made a motion to accept the recommendations as presented to set up an Insurance Advisory Committee. Edward Therrien seconded the motion. Rich Preston stated they need verification that the people in Sharon Brotherton’s letter are nominated or elected by their group. Sharon Brotherton stated election only pertains to Unions. Rich Preston suggested having Suzanne Kane send a letter to the appropriate groups. Ron Forget amended his motion subject to election of those people by the appropriate group. Edward Therrien seconded the motion. All – aye. Sharon Brotherton stated she would like the Board of Selectmen to follow up with a charge.

5. Chairman’s Announcements:
• Firefighters needed:
Shirley Mosczynski let the listening public know that the Fire Department is in need of Firefighters.
• FY04 Tax Classification: Shirley Mosczynski reported that prior to the Special Town Meeting, the Board of Selectmen held a public hearing for the FY04 Tax Classification; a single rate was voted.

6. Citizens Forum:
No citizens came forward.

7. Chapter 61 – Chamberlain:
In the agenda is a letter to Michael Patnaude, from Administrative Assistant Suzanne Kane, dated October 2, 2003; a letter to the Board of Selectmen, from Attorney Michael Patnaude, dated September 23, 2003, Notice Pursuant to MGL Chapter 61 §8; Real Estate Purchase and Sales Agreement made June 16, 2003, between ABWE Foundation, Inc., and C.B. Blair Development Corp., a letter to Attorney Michael Patnaude, from Douglas Board of Assessors, dated October 14, 2003, re: ABWE Foundation, Inc. – Chapter 61 Roll Back Taxes; a letter to the Board of Selectmen, from Douglas Planning Board, dated October 29, 2003, re: Gordon & Joan Chamberlain, Northwest Main Street: Chapter 61A; a letter to the Board of Selectmen, from Douglas Conservation Commission, dated November 21, 2003, re: Gordon & Joan Chamberlain, Northwest Main Street: Chapter 61A; a letter to the Board of Selectmen, from Open Space Committee, dated November 24, 2003; a memo to the Board of Selectmen, from the Open Space Committee, dated November 26, 2003, re: Chamberlain property; a letter to the Board of Selectmen, from Town Counsel, dated October 6, 2003, re: ABWE Foundation, Trustee of Chamberlain Unitrust Chapter 61 Land Sale; MGL Chapter 44, §7 – Cities and towns; purposes for borrowing money within debt limit; MGL Chapter 40, §15A – Transfer of land; procedure; a copy of EOEA Article 97 – Land Disposition Policy; MGL Chapter 61, § 8 – Conversion of land to residential, industrial or commercial use; notice to city or town; first refusal option; and Site Map of Chamberlain Land. Shirley Mosczynski opened the public hearing at 7:31 pm by reading the letter sent to Attorney Michael Patnaude, dated October 2, 2003, and the letters from other Boards/Committees in the agenda packet. Gordon & Joan Chamberlain joined the meeting. Ron Forget asked what the land is being taken out of 61A for. Mr. Chamberlain explained house lots, he does not know how many, but he guesses 30 to 35 houses. Ron Forget asked how Mr. Chamberlain came up with the price. Mr. Chamberlain stated he took the price for the frontage and added to it. He had a realtor look at the land and that’s about what they offered. Rich Preston asked if there were five frontage lots. Mr. Chamberlain stated there were 5, possibly 6 frontage lots. Shirley Mosczynski asked the Committee Chairs present if they had any questions. Conservation Chair Marylynne Dube had no questions. Open Space Chair Lisa Mosczynski asked if the property was ever used as a dump. Mr. Chamberlain stated not to his knowledge. Lisa Mosczynski stated she feels this land could be used by the Town as an access road to the industrial area. She contacted Economic Development Chair Hal Davis and his committee will be meeting on this item. Mr. Chamberlain stated that there was a clause in the P&S that gives access to the Beagle Club. Lisa Mosczynski asked if there was a law suite pending. Mr. Chamberlain stated the judge ruled in his favor. Lisa Mosczynski stated that Open Space feels there is no net loss, they recommend continuing the hearing, bring Town Counsel up to speed, and let Community Development review with Economic Development. Ron Forget asked if the remaining acreage will become open space and not on the tax roll. Lisa Mosczynski stated there will be some changes and a number of things to look at, stating she can’t predict the future. Ron Forget stated he is concerned with the economic development part; he feels you can’t put a road through because it’s in a greenway. Lisa Mosczynski feels that thinking is premature; stating they shouldn’t close the door on any possibilities. Paula Brouillette stated they have three Committees recommending this property; she recommends the option provided; they are not going to have the opportunity to purchase every 61A. She feels it’s the Boards responsibility to go forward. Ron Forget stated he does not have a problem with moving forward. Rich Preston stated that he is in support of a land bank, but also is in support of getting more information. Lisa Mosczynski stated she would be happy to put together questions for Town Counsel. Rich Preston suggested putting on the agenda as soon as possible. Edward Therrien agrees. Lisa Mosczynski stated she will attend the Economic Developments meeting and will come back to the next Selectmen’s meeting. Mr. Chamberlain stated he will be going to Florida on Friday and will leave his phone numbers with Suzanne Kane. Ron Forget made a motion to continue the public hearing until December 16, 2003. Paula Brouillette seconded the motion. All – aye.

8. Class II – License Renewals:
In the agenda packet is a 2004 Class II License List; an Application for Class II License from Jean Chamberlain – Douglas Auto & Truck Sales; copy of the 2004 License with conditions, copy of Jean Chamberlain’s REAP form, Workers’ Compensation Insurance Affidavit for Douglas Auto & Truck Sales; a copy of the check from Douglas Auto & Truck Sales; an Application for Class II License from William Lambert – Mark’s Auto Sales, a copy of the 2004 License with conditions, Bond for Mark’s Auto Sales, Workers’ Compensation Insurance Affidavit for William Lambert, copy of William Lambert’s REAP form, a copy of a check from William Lambert; and Application for Class II License from Daniel Shurick – Dan’s Auto Repair, a copy of the 2004 License with conditions, Bond for Dan’s Auto Repair, Workers’ Compensation Insurance Affidavit for Daniel Shurick, a copy of Daniel Shurick’s REAP form, a copy of a check from Dan’s Auto Repair; Letter to Applicants, from Administrative Assistant, dated October 24, 2003; Class II Application Requirements; MGL Chapter 152, §25A – Purchase of insurance, self-insurance; reinsurance; deductibles; and MGL Chapter 140, §58 – Classes. Suzanne Kane explained that the State now requires all Class II License holders to provide proof of Workers’ Compensation Insurance and obtain a $25,000 bond before the Board can approve their license. She explained that although all businesses were notified in June; not everyone has met all the requirements. Jean Chamberlain of Douglas Auto & Truck Sales did not get her bond in time for this meeting. There were also three businesses that chose not to renew, two were getting out of the business, and one is selling the business. Suzanne Kane asked the board to approve the two completed applications stating she will bring the rest to the board as they are complete. Rich Preston made a motion to approve the Class II Application for William Lambert – Mark’s Auto Sales, and Daniel Shurick – Dan’s Auto Repair to expire January 1, 2005. Paula Brouillette seconded the motion. All – aye.

9. Elderbus – Board of Directors Representative Appointment:
In the agenda is a memo to the Board of Selectmen, from Administrative Assistant Suzanne Kane, dated November 26, 2003, re: Elderbus – Appointment; and a letter to the Board of Selectmen, from John Lane, Elderbus Chairman of the Board, dated October 15, 2002. Paula Brouillette explained that the Elderbus provides services for Douglas elderly. The Board of Directors is comprised of 21 communities. Douglas has never appointed a representative. She noted a letter came last year asking for representation. Senior Center Director Alyssa Graveson and Outreach Coordinator Patrice Rousseau have volunteered to be the Towns representatives; with Patrice Rousseau being an alternate. Ron Forget made a motion to appoint Senior Center Director Alyssa Graveson as the Douglas representative to the SCM Elderbus, Inc. Board of Directors, and Outreach Coordinator Patrice Rousseau as an alternate. Edward Therrien seconded the motion. All – aye.

10. Bylaws Re-codification update:
In the agenda is a memo to the Board of Selectmen, from Town Clerk Christine Furno, dated November 19, 2003, re: Codification Project; and a copy of the Codification Proposal for the Town of Douglas. Taken out of order after item 7 due to time. Town Clerk Christine Furno came before the Board to give an update on the re-codification project. She stated that Ken Mahony had told her the Town would be getting 15 bound copies and 10 unbound copies. The contract provides 25 unbound copies. Jennifer Swavely of General Code quoted Christine Furno a price of $465.00 to bind an additional 15 copies. Town Accountant Rich Mathieu forwarded a memo to the Board of Selectmen, dated December 1, 2003, recommending funding come from the Selectmen’s normal expenses. Rich Preston made a motion to approve the request of using $465.00 from the Selectmen’s normal expense account. Edward Therrien seconded the motion. All – aye. Paula Brouillette out of room during this vote.

11. One Day Alcohol permit – Historical Society:
In the agenda packet is a General License Application from the Douglas Historical Society for a one night license to serve beer and wine; a check from the Douglas Historical Society; Notice of Approval of Special License for the Douglas Historical Society, copy of the Special License for the Douglas Historical Society, and MGL Chapter 138, §14 – Special licenses to managers of indoor or outdoor activities; fees. Shirley Mosczynski recused herself from this item and left the room because she is a member of the Douglas Historical Society. Vice Chair Rich Preston presented this item to the Board. Ron Forget made a motion to approve the Special License for One day sale of Wine and Malt Only, for the Douglas Historical Society as presented. Paula Brouillette seconded the motion. All – aye.

12. ABCC – Population Estimate for 2004:
In the agenda packet is a letter to the Local Licensing Authority, from ABCC, dated October 2, 2003, re: Population Estimates for Seasonal Licenses in 2004; Certificate of Estimated Resident Population, dated November 10, 2003; a memo to the Board of Selectmen, from Suzanne Kane, dated November 26, 2003, re: ABCC – Population Estimates; and MGL Chapter 138, §17 – Number of licenses quotas; licenses for wines and malt beverages per population unit; additional licenses; estimates of increased population; decrease in quota due to loss in population; determination of population of city or town. Suzanne Kane explained that ABCC is looking for 2004 population estimates and how she came up with the number. She took the average increase for each year between 2000 and 2003 then added that to the 2003 population. ABCC uses this number to determine how many of each license a Town is allowed. Rich Preston made a motion to approve the estimated resident population for 2004 at 8,137 and to sign the certification for ABCC. Paula Brouillette seconded the motion. All – aye.

13. Old / New Business:
Old:
• Property Gift:
Shirley Mosczynski passed out a draft letter to Ken Mahony, from the Board of Selectmen, dated December 2, 2003, re: Property Gift. The parcel of land that the Town authorized the Board of Selectmen to accept as a gift at the June 23rd Town Meeting was sold to a private party. The letter requests information from Mr. Mahony. Ron Forget asked if Shirley Mosczynski spoke with Town Counsel. Shirley Mosczynski stated that she had called Town Counsel about something else. She asked why this wasn’t done and Town Counsel said it was never forwarded to them. She stated she feels a responsibility to the Town since it was voted at Town Meeting. Paula Brouillette stated it is unfortunate that this land is lost when it was to be a gift. She suggested adding a note about capital projects to the letter; there was a punch list and she was assured in private and at meetings that they would be done; she does not feel comfortable leaving it as is. Rich Preston also feels it is disappointing; an opportunity lost. In the future they need to take advantage of such opportunities. Rich Preston stated that on several occasions he asked if a title search was done. Ron Forget asked if a 21E was done. Shirley Mosczynski stated Ken Mahony met with Mobil Oil and was assured there was no contamination; but there is nothing in writing. Paula Brouillette made a motion to approve the letter as amended. Rich Preston seconded the motion. Rich recommended offering Ken Mahony to respond in writing. Shirley Mosczynski stated the letter does. On the vote: all – aye.

New:
• Memo from Personnel Board:
Shirley Mosczynski noted the memo received by the Personnel Board, dated November 26, 2003 inviting a member of the Selectmen to come to a meeting December 9, 2003 at 7:00 pm to discuss COLA’s. Edward Therrien offered to attend.

14. Adjournment:
Edward Therrien made a motion to adjourn at 8:55 pm. Rich Preston seconded the motion. All – aye.


Respectfully submitted,


Suzanne Kane
Administrative Assistant
Suzanne Kane
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