BOS - July 7, 2009

BOS - July 7, 2009

Postby Suzanne Kane » Thu Jul 02, 2009 1:30 pm

Board of Selectmen
Agenda
July 7, 2009

7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

7:05 pm
1. Entertainment License – Falzone’s Restaurant

2. Appointments
• Town Accountant
• Conservation Committee
• ZBA

7:45pm
3. W/S Commission - Interviews and Appointment

4. Water/Sewer – MTBE Settlement, 20 Year Master Plan, GIS Software, 43D

5. School Building Committee OPM

6. Project Need Form - Letter of Support

7. Review Draft Affordable Housing Plan

8. Charter Reorganization – No Action Letter

9. Travel Policy – Second Review

10. Authorize Negotiations for a T.I.F. w/American Pro Wind

11. Minutes: 6/2/2009 Exec. Session; 6/16/2009; 6/16/2009 Exec. Session

12. Administrator’s Report

13. Old/New Business

14. Executive Session – Contract Negotiations

15. Adjournment
_______________________________________________________________________________________
Future Agenda Items:
TBD:
Policies; Windfarm TIF; EDC; Personnel Policies & Procedures; Anonymous Letter Policy;

Note: Times are estimates unless denoted as a Hearing.
_______________________________________________________________________________________
_______________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
JULY 7, 2009
Approved August 4, 2009

• Call to Order

Mr. Hughes called the meeting to order at 7:00 PM in the Municipal Center Resource Room.
ATTENDENCE:
Board: Michael Hughes (Chairman), Paula Brouillette, Mitch Cohen, John Bombara, Scott Medeiros, Michael Guzinski (Executive Administrator), Suzanne Kane (Administrative Assistant).
Other Staff and Citizens: Stephen Zisk (Conservation Agent), William Cundiff (Town Engineer), Tom Mattson (Tribune), Keith Bloniasz, Mary Lynn Dube (Conservation Committee), Linda Brown (Conservation Committee), Robert Wilson, Phil Kogan, Linda Kogan, Lisa Mosczynski, Ed Taipale, Shirley Mosczynski, and Leon Mosczynski, Pete Tetreault, Mark Dunleavy, Bob Josey, Colin Harie, Bob Sullivan and other citizens.

• Chairman’s Announcements
The Chairman had no announcements.

• Citizen’s Forum
Mr. Tetreault, Yew Street, updated the Board on the work done on the intersection of Yew and Perry. He thanks all involved with the implementation and work on this improvement.
Phil and Linda Kogan, 173 Maple Street, noted that they sent a letter regarding the Zoning Board. They noted their concerns regarding an appeal, the timing of that appeal, indication at the meeting that there was no input from the Board of Selectmen, and the fact that the decision should have been made within appropriate time frame. Mr. Guzinski discussed the issue and indicated that the Board will be reviewing and discussing. Further, the Zoning Board will be coming in to meet with the Board of Selectmen on August 4, 2009.

1. Entertainment License – Falzone’s Restaurant
In the agenda is a memo from Suzanne Kane dated July 2, 2009 regarding Entertainment Lic. – Falzone’s and Town of Douglas Alcohol License 2009 Conditions for Falzones, Entertainment License Application dated 6/18/09, letter from K-Rock Property, Completed Entertainment License Application Process, copy of $50 check, copy of MGL – Chapter 140, Section 183a, memo from Suzanne Kane dated June 22, 2009 regarding Entertainment License Application, memo from Chief Gonynor dated June 23, 2009 regarding Falzone’s, list of questions from Chief Foley, memo from Adelle Reynolds dated June 30, 2009 regarding Falzone’s Entertainment License.
Ms. Kane noted that this was posted in the paper as a hearing. She indicated that the application is complete. Some discussion held. Mr. Medeiros made a motion to approve the Entertainment License for Falzone’s Restaurant to include the conditions suggested by Chief Gonynor and posting of the entertainment on the sign outside as well as the Building Inspector’s conditions. Mr. Bombara seconded. All – aye.

2. Appointments
In the agenda is a memo from Suzanne Kane dated July 2, 2009 regarding Appointments, a document from Michael Yacino for this meeting.

• Town Accountant
Mr. Cohen made a motion to appoint the Town Accountant to a three year term beginning July 1, 2009 to June 30, 2012. Mr. Medeiros seconded the motion. All – aye.

• Conservation Committee
In the agenda is a document from Mr. Yacino.
Mr. Hughes noted a meeting held with Mr. Yacino, Ms. Dube (Chair of Conservation Committee), Mr. Guzinski and himself in which he discussed concerns regarding the well study and water testing that Mr. Yacino proposed. He reviewed the events which led to this concern.
Mr. Yacino reviewed his response to the concerns which is included in the packet. Ms. Dube read a response in which she indicated that this issue came up and was resolved 14 months ago. Any issues should have been brought to Conservation Commission then. She addressed Mr. Yacino’s service to the community. She noted the procedure of appointments to membership and composition of the Conservation Commission. She asked the Board to reflect on his dedication and knowledge. Some discussion held. It was felt that if there are issues between Boards that they should be addressed, however, it was felt that singling out one individual is not the way to solve the issue. Other members felt they would like to review all the information from the Board of Health as well as the additional information that Mr. Yacino referred to in his document. Action will be postponed to August 4. It was suggested that all Departments involved have the opportunity to review all additional documents and respond.

• ZBA
Two issues noted with this appointment. Ms. Brouillette noted the need to fill open positions. She notes the need for verification that the members are residents of the Town. Mr. Medeiros noted open discussions with Mr. Davis regarding this issue. He feels that resolution was not met. In no way should this demise the work that Mr. Davis has done for the Town. Discussion held. It was noted that Mr. Davis has indicated that he will not attend ZBA Meetings until appointment is resolved. It was felt, therefore, that there is a need to look for other people to fill the position. Further question raised on what to do when an individual no longer lives in Town. Mr. Guzinski recommends that although this needs verification he recommends advertizing both positions. Discussion held regarding the need to up the membership of the ZBA. This will be added to the next agenda. Mr. Colin Haire (ZBA Chairman) strongly encourages the Board to reconsider appointing Mr. Davis. It was therefore, recommended and agreed that Mr. Davis be invited to the August 4 meeting in the event that he would like to speak to the Board regarding this issue. Mr. Taipale noted the disadvantage with the 43D project with the Zoning Board a member short.

3. W/S Commission – Interviews and Appointment
In the agenda is a memo from Suzanne Kane dated July 2, 2009 regarding W/S Joint Appointment, a memo from Chief Gonynor dated June 22, 2009 regarding Water/Sewer Appointment, an application for Board/Commissions from Chief Gonynor, an application for Boards/Commissions from Keith Bloniasz.
Mr. Bob Sullivan, Mr. Colin Haire and Mr. Bob Josey were present to discuss the applications of Chief Gonynor and Keith Bloniasz. Mr. Bloniasz discussed his application for the W/S Commission. Discussion held. High regards for Chief Gonynor were noted, however, it was felt that Mr. Bloniaz offers an opportunity to utilize a member of the community that is new to community service. Mr. Bombara made a motion to appoint Keith Bloniasz until the next election. Mr. Cohen seconded the motion. Roll Call Vote: Mr. Cohen – aye, Ms. Brouillette – no, Mr. Medeiros – aye, Mr. Bombara – aye, Mr. Hughes – aye, Mr. Josey – aye, Mr. Haire – aye.

4. Water/Sewer – MTBE Settlement, 20 Year Master Plan, GIS Software, 43D
In the agenda is a memo from Michael Guzinski dated June 24, 2009 regarding Joint Meeting with Board of Selectmen, a 06/16/09 – Expedited Permitting/43D Progress Report, a memo from Debby Harris dated March 4, 2009 regarding Selectmen’s Meeting, MTBE Settlement document, Baron & Budd Settlement Statements: 08 2920-06 2695 1, 08 3416-06 2695 1,08 3417 – 06 2695 1, 09 3660-06 2695, 09 4484-06 2695 1, copies of checks in the amount of $288,060.07, $3,837.11, $547.10, $16.37, $689.10,$310,79.
Mr. Josey discussed some of the recent expansion projects that have taken place. Grants for further expansion will be explored. Discussion held regarding the need for a funding plan in place to provide utilities in order to have economic development. Some discussion held regarding betterment fees. Mr. Josey indicated that different funding could be available for different projects. Some discussion held regarding the progress of the potential water tank on North Street.
Mr. Guzinski discussed the MTB settlement. The total amount of funds received by the Town is $293,460.54. Water and Sewer has inquired as to the disposition of those funds. Mr. Guzinski has been advised by attorneys that the funds can be used for any legal purpose to be determined by the Town. Mr. Josey indicated that the State will be mandating a system for the monitoring of water quality which will cost approximately $30,000. The money could be used for that and/or put into an account for upgrading and improving the water. It was noted that the settlement language indicated that should the towns not use the money for water monitoring they will not be able to make claims for future problems. Discussion held. Mr. Sullivan was asked to put a list together on what would fall into the category of water quality and water monitoring. Mr. Guzinski was asked to get a clear definition of the criteria for the use of this money. The importance of planning for capital items was noted.
Mr. Cundiff discussed funds available for GIS software for the Water/Sewer Department. It was suggested that the Water/Sewer Department consider appointing a representative to the Capital Improvement Committee.

5. School Building Committee OPM
In the agenda is a memo from the School Building Committee dated July 1, 2009, regarding Owners Project Manager recommendation.
Mr. Guzinski discussed the School Building Committee’s work and recommendation of Strategic Building Solutions for the Owners Project Manager. Mr. Bombara made a motion to authorize the School Building Committee to move forward and negotiate a contract with Strategic Building Solutions. Mr. Medeiros seconded the motion. All – aye.

6. Project Need Form – Letter of Support
In the agenda is a memo from William Cundiff dated June 25, 2009 regarding Mass Highway Project Need Form, a memo from CMRPC Transportation Staff regarding Annual Development of the 2010 to 2013 TIP Project Listing, 2010 TIP Development Schedule, Letter from Michael Guzinski dated 6/29/2009 regarding Annual Development of the 2010 – 2013 TIP Project Listing, Project Need Form dated 6/25/2009.
Mr. Cundiff discussed the three projects on the TIP List which includes Route 16, North Street Bridge and Route 96 – South Street. If approved, Mass Highway would fund the construction; the Town would have to fund the Engineering portion. Discussion held. Mr. Medeiros made a motion to authorize Mr. Hughes as Chairman to sign the letters of support for each of the projects as outlined by Mr. Cundiff in the memo to the Board of Selectmen. Mr. Cohen seconded the motion. All – aye. Ms. Brouillette asked that copies of the letters in the packet regarding this be forwarded to the Water Sewer Department.

7. Review Draft Affordable Housing Plan
In the agenda is the Douglas Housing Production Plan Executive Summary.
Mr. Cundiff discussed the Draft of Affordable Housing Plan. He noted that $4,000 was funded by 40B applicant for North Village. This will be forwarded to the DHCD for input. Any additional costs will be paid for elsewhere. The plan will be forwarded to the Planning Board.

8. Charter Reorganization – No Action
In the agenda is a memo from Thomas Devlin dated 6/14/2009 regarding Charter Reorganization, letter from Charter dated 6/3/2009, Consent to Charter Restructuring Form, Draft No Action Letter to Charter.
Mr. Medeiros made a motion to respond using the Draft No Action Letter to Charter as recommended by Tom Devlin and emailed to Suzanne Kane. Ms. Brouillette seconded the motion. All – aye.

9. Travel Policy – Second Review
In the agenda is the Travel Policy.
Mr. Guzinski reviewed the change in the Travel Policy. It will be back on the agenda next month.

10. Authorize Negotiation for a T.I.F. w/American Pro Wind
In the agenda is a memo from Michael Guzinski dated 7/1/2009 regarding TIF/PILOT American Pro Wind as well as a Consulting Services Agreement.
Mr. Guzinski discussed the TIF/PILOT with American Pro Wind. Discussion held regarding the cost of the consultant. Mr. Cohen made a motion to authorize the Executive Administrator to negotiate with American Pro Wind on the Board’s behalf and to appropriate up to $4,900 for the hiring of a consultant related to that. Ms. Brouillette seconded the motion. All – aye.

11. Minutes: 6/2/2009 Exec. Session; 6/16/2009; 6/16/2009 Exec. Session
June 2, 20009 Executive Session: Mr. Medeiros made a motion to approve the June 2, 2009 Executive Session and hold all items except 11B. Ms. Brouillette seconded the motion. All – aye with Mr. Bombara abstaining.
June 16, 2009 Minutes: Mr. Medeiros made a motion to approve the minutes of June 16, 2009. Mr. Bombara seconded the motion. All – aye.
June 16, 2009 Executive Session: Mr. Cohen made a motion to approve the June 16, 2009 Executive Session retaining all except for 9D which is to be released. Ms. Brouillette seconded the motion. All – aye.

12. Administrator’s Report
Mr. Guzinski discussed the issues related to the FY 10 budget. The Governor signed his bill last week and the Legislature is looking at overriding some of the veto’s which may have minor effects on local aid. Michael Guzinski’s first order of business after vacation will be to look at the final numbers for presentation to the Board – he will need to make some adjustments dealing with any reductions in local aid and the health insurance premiums. He does not foresee drastic changes to the budget.

13. Old/New Business
OLD BUSINESS
There was no old business.
NEW BUSINESS
• Manchaug Pond Dam:
Mitch Cohen reported that along with Michael Guzinski, Paula Brouillette, and John Bombara, he attended a consultation meeting in Sutton held by the Executive Office of Energy and Environmental Affairs to discuss the decommission of the Manchaug Pond Dam. Representative Kujawski and Representative Callahan were also there in opposition. The meeting was videotaped and will be aired on Channel 11 and the Town’s website. Mr. Cohen feels the Board should have a formal discussion at a future meeting. Additional comments are being accepted until July 14th , prior to their next meeting – Mr. Cohen suggested the Board send a letter in opposition. Mr. Cohen made a motion to write a letter to the Executive Office of Energy and Environmental Affairs, strongly opposing taking down or modifying the Manchaug Pond Dam. Ms. Brouillette seconded. All – aye with Mr. Bombara abstaining.

14. Executive Session – Contract Negotiations
Mr. Medeiros made a motion to enter into Executive Session for the purpose of contract negotiations at 10:09 PM, and to return to regular session for the purpose of adjournment. Ms. Brouillette seconded the motion. Roll call vote: Mr. Cohen – aye, Ms. Brouillette – aye, Mr. Hughes – aye, Mr. Bombara – aye, Mr. Medeiros – aye.
Mr. Cohen made a motion to come out of Executive Session for the purpose of adjournment at 11:20 PM. Mr. Bombara seconded the motion. Roll call vote: Mr. Cohen – aye, Ms. Brouillette – aye, Mr. Hughes – aye, Mr. Bombara – aye, Mr. Medeiros – aye.

15. Adjournment
Mr. Cohen made a motion to adjourn the meeting at 11:21 PM. Ms. Brouillette seconded the motion. All – aye.

Respectfully submitted,
Lisa Lannon, Recording Secretary
Suzanne Kane
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