BOS - October 6, 2009

BOS - October 6, 2009

Postby Suzanne Kane » Fri Oct 02, 2009 7:22 am

Board of Selectmen
Agenda
October 6, 2009


7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

7:05 pm
1. Skate Park Building Committee Update

7:15 pm
2. Appointments – ZBA

7:45 pm
3. MTBE Settlement – Joint with Water/Sewer Commissioners

4. Code of Conduct – 3rd Review

5. Fraud Policy – 1st Review

6. Sign Special Town Meeting Warrant

7. Minutes – September 15, 2009; Sept. 15, 2009 Exec. Session

8. Administrator’s Report

9. Old/New Business

10. Executive Session – Contract Negotiations

11. Adjournment
__________________________________________________________________________________
Future Agenda Items:

Oct. 20th: Joint Apt. with Library Trustees; Fire Dept. Study – Chief Gonynor; Executive Session - Litigation Review; Release Exec Session Minutes;
Pole Petition

TBD: Policies; Windfarm TIF; EDC; Update Master Plan; Personnel Policies and Procedures; Municipal Calendar; Anonymous Letter Policy

Note: Times are estimates unless denoted as a hearing.
_____________________________________________________________________________________
_____________________________________________________________________________________
BOARD OF SELECTMEN
MEETING MINUTES
OCTOBER 6, 2009
Approved October 20, 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: Dan Heney (ZBA), Michael Nelson, Sean Holland, Debra Cygielnik – Blain, Pam Holmes, Bob Josey, Bob Sullivan, Keith Bloniasz, Tom Mattson (Tribune).

• Chairman’s Announcements
No announcements.

• Citizen’s Forum
No citizens came forward.

1. Skate Park Building Committee Update
The Skate Park Building Committee Update has been postponed.

2. Appointments – ZBA
In the agenda are applications for the ZBA and memos regarding Residency Confirmation for Mr. Sean Holland, Mr. Michael Nelson and Debra Cygielnik - Blain. Also included are memos regarding ZBA Appointments from: Debi Blain dated October 1, 2009, Pam Holmes dated September 29, 2009, Suzanne Kane dated October 2, 2009, and Dan Heney dated October 5, 2009.
Mr. Hughes noted that Ms. Blain submitted an application and then asked that it be withdrawn, however, as of today she asked that it be resubmitted. It was the consensus of the Board that since the application was not resubmitted prior to closing date that it should not be considered at this time unless there is a problem with one of the other two applications. It was noted that should the ZBA be expanded there will be further opportunity for the applicant. Mr. Sean Holland came forward. Some discussion held regarding his application. Mr. Nelson came forward. Some discussion held regarding his application. Mr. Hughes noted that the Chair of the ZBA has recommended Mr. Holland for the full time position. Some discussion held. Mr. Cohen made a motion to appoint Sean Holland as a full member of the ZBA with a term to expire in June 2010 and Michael Nelson as an alternate member of the ZBA with a term to be consistent with the prior member who resigned. Mr. Medeiros seconded the motion. All – aye.

3. MBTE Settlement – Joint with Water/Sewer Commissioners
(After Item 6 taken out of order due to time)

In the agenda is a letter from Richard Sandman dated September 23, 2009, a memo from Mr. Guzinski dated September 29, 2009 regarding MTBE.
Mr. Sullivan, Mr. Josey and Mr. Blonaisz were present to discuss the MTBE settlement. Mr. Guzinski noted that he received a letter from Legal Counsel in regard to the use of those funds. It was indicated that the funds could be used for any legitimate municipal purpose however it is recommended that they be used for water or other capital issues. Mr. Guzinski recommends that the funds be put into a stabilization fund. Mr. Josey agreed that these funds be put into a special account for upgrading the water system, testing and special projects. Mr. Sullivan discussed some of these projects including further testing on future potential well sites, chemical monitoring equipment, engineering for potential expansion. Discussion held. Mr. Sullivan noted that chemical monitoring would be considered a priority since it is a requirement with a deadline of July 10, 2010. Some discussion held regarding the Aquifer Study. Mr. Sullivan will look into getting it on the web site. Further discussion held regarding the free cash account. Mr. Guzinski will look at what the amount is in free cash at this time and some of the history on the account. It was agreed that the funds be put into a stabilization fund and discussions would continue on the use of them.

4. Code of Conduct – 3rd Review
In the agenda is the Code of Conduct and memos from Eben and Elle Chesebrough dated September 18, 2009 and Mitch Cohen dated September 24, 2009.
(After Item 2 taken out of order due to time)
Mr. Guzinski noted that this is a third review. Comments were received and addressed. Some discussion held. Mr. Cohen made a motion to approve the Code of Conduct as presented. Mr. Medeiros seconded the motion. All - aye.

5. Fraud Policy – 1st Review
In the agenda is the Anti-Fraud Policy and Response Program and a memo from Jeanne Lovett dated October 1, 2009.
Mr. Guzinski noted that this has been recommended by the Town Auditor. Some discussion held. Any further questions and/or proposed changes can be forwarded to Mr. Guzinski.

6. Sign Special Town Meeting Warrant
In the agenda is a memo from Mr. Guzinski dated October 2, 2009 with the Draft Special Town Meeting Warrant and a memo dated October 5, 2009.
Mr. Guzinski noted that there are still many outstanding issues regarding the Special Town Meeting Warrant and therefore it is his recommendation that the Board hold off on any formal approval/signature. He suggested that the Board schedule a special meeting for next Tuesday for the purpose of approving and signing the Warrant. The Board agreed with this. Some discussion held regarding the expansion of the ZBA membership. Mr. Hughes suggested getting feedback from the ZBA in regards to increasing the membership. Mr. Guzinski will get that for the next meeting.

7. Minutes – September 15, 2009; September 15, 2009 Exec. Session
(After Item 3 taken out of order due to time)
September 15, 2009: Mr. Medeiros made a motion to approve the minutes of September 15, 2009. Mr. Bombara seconded the motion. All - aye.
September 15, 2009 Exec. Session: Mr. Medeiros made a motion to approve and retain the minutes of the September 15, 2009 Executive Session. Mr. Bombara seconded the motion. Vote: All - aye.

8. Administrator’s Report
In the agenda is a memo from Mr. Guzinski dated September 30, 2009, a letter from Lt. Nick Miglionico dated September 30, 2009, an Application for Cultural Council for Ellen Reber.
Mr. Guzinski noted the notification of free cash approval included in the packet and discussed in detail. He also noted a letter from Lt. Miglionico included in the packet. He noted that due to the changes in law with regard to ethics, open meetings and public records, he recommends that Attorney Goldberg come in and do an update with all employees, public officials, boards, committees’ etc. on November 10, 2009. The presentation would be recorded and put on cable. Board agreed. Mr. Guzinski noted Chief Foley is attending an International Association of Police Chiefs and has been elected one of the Vice Presidents at Large of that Association. Mr. Guzinski noted the application for Cultural Council of Ellen Reber. Mr. Medeiros made a motion to appoint Ellen Reber to the Cultural Council for a term of three years. Ms. Brouillette seconded the motion. All – aye.

9. Old/New Business
Old Business:
Ms. Brouillette thanked those involved with Octoberfest.
New Business: None.

10. Executive Session – Contract Negotiations
Mr. Medeiros made a motion to enter into Executive Session for the purpose of contract negotiations at 8:35 PM and to return to regular session for the purpose of adjournment. Mr. Cohen 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 9:46 PM. Ms. Brouillette seconded the motion. Roll call vote: Mr. Cohen – aye, Ms. Brouillette – aye, Mr. Hughes – aye, Mr. Bombara – aye, Mr. Medeiros – aye.

11. Adjournment
Mr. Cohen made a motion to adjourn the meeting at 9:47 PM. Mr. Medeiros seconded the motion. All aye.

Respectfully submitted,


Lisa Lannon, Recording Secretary
Suzanne Kane
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