BOS - March 20, 2011

BOS - March 20, 2011

Postby Suzanne Kane » Thu Mar 15, 2012 1:07 pm

Board of Selectmen
Agenda
March 20, 2012


7:00 pm • Call to Order
• Chairman’s Announcements
• Citizen’s Forum

7:15 pm 1. Layout Hearings: Brookside Estates; Colonial Road; Shady Knoll Estates;
Springmeadow Estates

7:45 pm 2. Informational Meeting with Black Lab Lounge

3. Axmen Soccer- Discuss Proposed Lease Agreement

4. Fiscal Year 2013 Budget Update

5. Library Trustees – Project Presentation
Discuss and Vote on Debt Exclusion Question for Library Project

6. Approve RFQ for Safety Complex

7. Review Draft Annual & Special Town Meeting Warrants

8. School Building Project Update

9. Minutes: March 6, 2012

10. Administrator’s Report

11. Old / New Business

12. Executive Session – Litigation Update

13. Adjournment
______________________________________________________________________________
Future Agendas
April 3rd:
Sign Annual & Special Town Meeting Warrants,
Tax Title Agreement Policy – 1st Reading
April 10th: Workshop – Government Study
TBD: Update Master Plan; Housing Plan/Housing Authority; Meeting w/Webster
_____________________________________________________________________________
_____________________________________________________________________________

BOARD OF SELECTMEN
MEETING MINUTES
March 20, 2012
Approved April 3, 2012


• Call to Order
Mr. Hughes called the meeting to order at 7:00 PM in the Resource Room of the Municipal Center.

ATTENDANCE:
Board: Tim Bonin (Chairman-absent), Mitch Cohen, Hal Davis, Mike Hughes (Vice Chairman), Jeffrey LaPorte, Michael Guzinski (Town Administrator), Suzanne Kane (Administrative Assistant).
Other Staff and Citizens: William Cundiff (Town Engineer), Atty. Rich Bowen, Steve Zisk (Conservation Agent), Joe Gresian (President, Axmen Soccer), Jack Blatchford (Treasurer, Axmen Soccer), Susan Spencer (Telegram & Gazette), Scott Hurley (Black Lab Lounge), Mike Johnson (Black Lab Lounge), Charlie Van Voorhis (Durland-Van Voorhis), James MacRae, Scott Chalmers, Jennifer Meech, and other citizens.
Recreation Commission: Bob Saster (Chairman), John Furno, Chris Furno, Joe Cicero
School Building Committee (SBC): Paula Brouillette
Building & Facilities Construction Committee (BFCC): Shirley Mosczynski, Sean Holland (Chairman), Virginia Howe
Library: Ann Carlsson (Director), Joe Biagioni, Betty Holden, Ramona Lachapelle, Barbara Van Reed, Barbara Grimes-Smith, Peter Tetreault

• Chairman’s Announcements (00:17)
None

• Citizen’s Forum (00:22)
No citizens came forward.

1. 7:35 Layout Hearings: Brookside Estates, Colonial Road, Shady Knoll Estates, Springmeadow Estates (32:19)
In the agenda are Notices of Public Meeting for the above dated February 29, 2012, a memo from Ray Dinol dated March 14, 2012 and related plans.
Mr. Hughes opened the public hearing. Mr. Steve Zisk joined the meeting. These subdivisions were built in the 1990’s, the developer defaulted, they are private ways and the Planning Board would like to make them public ways through a taking through the subdivision roadways and easements in order to maintain the roadways. Mr. Zisk explained the taking process. No infrastructure is being built.
Mr. Cohen asked if the Town would incur any costs to get these roads up to speed. Mr. Zisk said no, the roads are in good shape. The Town has been plowing, sweeping and maintaining them. The Planning Board does support bringing all of these four subdivisions as public ways.
Mr. MacRae or 19 Brookside Drive asked how the landowners in these areas would be affected, private road vs. public road. Mr. Guzinski replied, from a service standpoint, a public way would have the full services of the Highway Dept. such as plowing, sanding, sweeping, catch basin cleaning, road maintenance, etc. Mr. MacRae asked if their taxes would be affected. Mr. Guzinski does not think so.
In response to a question from Mr. Cohen, Mr. Zisk clarified that doing a taking would clear up all the issues with the easements in these areas that were not written correctly, Springmeadow especially. The Town would own the roads and the rights to the easements to maintain structures. The State would reimburse the Town a little bit more for Highway Dept. expenses once the Town owns the roads.
Mr. MacRae asked what would have to be done if the residents wanted to have streetlights put up. Mr. Guzinski replied that a letter of request would need to be put in with the Board of Selectmen once the Town owns the roads.
Ms. Meech of 20 Towle Court asked if their properties would have to be resurveyed. Mr. Cundiff explained that the taking would remedy a defect in the state law, which allows abutting landowners to claim ownership to the center of the road. All meets and boundaries would remain the same.
Requests for signage would need to be submitted to the Board of Selectmen. Mr. Chalmers of 22 Pond Street asked how the sidewalks would be affected on Pond Street. Mr. Zisk responded that the sidewalks and utilities are within the right-of-way, so the Town would own and maintain the sidewalks.
Mr. Cohen made a motion to close the Layout Hearings for Brookside Estates, Colonial Road, Shady Knoll Estates and Springmeadow Estates at 7:45 PM. Mr. Davis seconded the motion. All-Aye.
Mr. Cohen made a motion to layout as a public way, Brookside Drive as shown on the plan entitled “Plan of Brookside Drive” as altered and laid out for acceptance as a public street, Douglas, Massachusetts, Worcester County, dated January 12, 2012 as prepared by Spatial Data and Design, a copy of which is on file with the Town Clerk. Mr. LaPorte seconded the motion. All-Aye.
Mr. Cohen made a motion to layout as a public way, Colonial Road as shown on the plan entitled “Plan of Colonial Road” as altered and laid out for acceptance as a public street, Douglas, Massachusetts, Worcester County, dated January 20, 2012 prepared by Spatial Data and Design, a copy of which is on file with the Town Clerk. Mr. LaPorte seconded the motion. All-Aye.
Mr. Cohen made a motion to layout as public ways, Downs Road, Manzi Way, Essex Street and Crescent Lane from Manzi Way to the start of Nature View Estates as shown on the plan entitled “Plan of Downs Road, Manzi Way, Crescent Lane and Essex Street” as altered and laid out for acceptance as a public street, Douglas, Massachusetts, Worcester County, dated February 15, 2012 prepared by Spatial Data and Design, a copy of which is on file with the Town Clerk. Mr. LaPorte seconded the motion. All-Aye.
Mr. Cohen made a motion to layout as public ways, Pond Street, Spring Street and Towle Court as shown on the plan entitled “Plan of Pond Street, Spring Street and Towle Court” as altered and laid out for acceptance as a public street, Douglas, Massachusetts, Worcester County, dated February 2, 2012 prepared by Spatial Data and Design, a copy of which is on file with the Town Clerk. Mr. LaPorte seconded the motion. All-Aye.

2. Informational Meeting with Black Lab Lounge (46:50)
In the agenda is a letter dated March 14, 2012 from Suzanne Kane to the Board of Selectmen, a copy of an On-Premises license and related correspondence.
Mr. Hurley and Mr. Johnson joined the meeting. Mr. Hurley explained that they are looking for a place to move to in Town. There were legal issues with the building and they were forced to close. He would like to hold on to his license.
Ms. Kane explained that they have six months to comply. They could go back into business at the current location, apply for a change of location or type of license, sell the license for that location or turn it back in. There is no other business that is looking for this type of license at this time.
Mr. Cohen made a motion to grant a six-month extension of time from today’s date, and the license holder shall report back to the Board of Selectmen on or before September 20, 2012 as to the status of their license. Mr. LaPorte seconded the motion. All-Aye.

3. Axmen Soccer – Discuss Proposed Lease Agreement (00:40)
In the agenda is a proposed Lease Agreement between the Axmen Soccer Organization and the Town of Douglas and a memo dated March 16, 2012 from Atty. Rich Bowen to Mike Guzinski.
Mr. Guzinski stated that Atty. Rich Bowen has read and approved the lease, however in order for the Board to approve the lease it needs to go before Town Meeting. Mr. Guzinski feels the lease looks good. It contemplates a 10-year term. He has spoken with a member of the Recreation Commission and they are in favor of this lease and of the project moving forward.
Mr. Gresian joined the meeting and began his presentation. He stated that a lease would help the organization with raising funds, obtaining grants and with insurance. Approximately 400 kids are enrolled in the program. He feels those numbers could grow if there were a new facility. He would like to develop Martin Road. The organization is willing to build all the fields and share the fields with the Town.
Mr. Davis asked if Mr. Gresian had any idea of the investment the organization was going to make. Mr. Gresian replied that a year ago, the estimate was approximately $100,000, however they ran into problems when they started applying for grants because they did not have a lease and they could not solicit for funds. There are a lot of grants available to build soccer fields, especially for non-profit organizations, however nothing can be entertained without a piece of property. Mr. Gresian feels confident that if they get the lease, they will be able to raise the funds.
Mr. Davis asked if there were a procedure set up for other use by the public when the fields are not being used for soccer. Mr. Guzinski replied that that would be established with rules and regulations between the Recreation Commission and Axmen Soccer. Mr. Grecian explained that they would like to put up a people fence, no vehicles allowed. In the agreement, there would be times set aside for soccer during soccer season. There should be ample room off to the side for the public.
Mr. LaPorte asked how the following safety concerns would be addressed: egress for a large volume of traffic and blind corners. Mr. Cohen added that at one time it was the top priority of the Capital Improvement Committee, after making a long-term master plan for Martin Road Park, to make the main entrance come off onto Franklin Street. He is not comfortable moving forward with this project until those issues are figured out. Safety improvements should be completed before any construction is completed. Mr. Bowen asked Mr. Cohen if the access is part of the 19.15 acres or if it is a road leading up to that area. Mr. Cohen does not know. A second entrance does not exist at all right now. There is no emergency way.
Mr. Cohen asked for clarification on which area on the map would be used for soccer and which area would be used for the playground. The map in the packet was not clear. Mr. Grecian replied that that is what the lease is for, and he presented a map to the Board. Mr. Cohen asked that a version of that map be included in the lease agreement.
Mr. Cohen feels it would be beneficial to have a deadline to complete the project by. The 10-year lease starts when the improvements are completed, but if it takes 10-years to make those improvements, then the use of the field is lost for 20 years. Mr. Bowen will put something in. Mr. Cohen asked Mr. Bowen if prevailing wage applied here. Mr. Bowen said it depended on to whom you spoke.
Mr. Saster remembers 15 years ago when that entrance off of Franklin Street was proposed. There is a 30’ drop off there. When the Town was putting in sewer and water lines, they tried to fill there, but were not allowed to do so due to some drainage issues. Mr. Saster thinks it would have cost about $200,000 to bring in the fill and do the drainage system. Mr. Saster stated that the Recreation Commission is 150% behind the efforts of the soccer organization.
Mr. Cohen had the following recommendations: He would like to see the insurance information submitted annually, not “as requested”. In section 12A, the maintenance amount of 80 hours should read as 80 hours per week. He asked if anything would be triggered if the soccer organization’s non-profit status changed. Mr. Bowen replied that change could be made a terminating event.
Mr. Cohen is concerned that if during construction or maintenance of the fields, if the soccer organization no longer wants to continue, the fields could end up in worse shape than they are now. He asked if a bond should be included. Mr. Blatchford stated that the money the organization has now would barely cover the construction costs. To ask them to put aside money for a bond would make the project undoable. Mr. Bowen quoted from Article 7e vi “During construction, lessee shall require its contractor to furnish a performance bond and a labor and materials payment bond each in the full amount contract (sic) …”
Mr. Cohen is also concerned that ongoing maintenance be assured. Mr. Bowen said a termination clause could be put in. Mr. Saster added that the well that was dug 16 years ago barely takes care of the baseball fields. The irrigation just does not work. They are getting 25 gal/minute from that well. The well is just to the left of the playground near the concession area. In the study that was done 15 yeas ago, it was said three wells would be needed. Test bores were done at that time also. That area is solid ledge. Sidewalks and lighting will be needed as well. He feels a debt exclusion may be needed at some point to finish the park. The soil beyond the playground is not redeemable. That will need to be hauled out, loam laid down, and irrigated.
Mr. Cohen wondered how to involve the town officers, as far as reviewing the plans. Mr. Guzinski said the Town Engineer would be involved. Mr. Cundiff has looked at the plans.
Mr. Davis would like this to be on the Annual Town Meeting warrant. Mr. Guzinski said the question before the Board today is, are they supportive in concept, even though there may be some items in the lease that need further work, are they supportive of adding an article to the Annual Town Meeting warrant, authorizing the Board to sign a lease with Axmen Soccer. If it is approved at Town Meeting, they could have a lease available for signing at the next Board of Selectmen meeting following Town Meeting. Mr. Bowen stated that the article should be to see if the Town would vote to authorize the Board of Selectmen to lease for up to 10 years on such terms and conditions as it deems appropriate.
Mr. Cohen would like to put together some conceptual plans as to what is needed to be solved in order go forward. He is not comfortable with the Board signing the lease until those issues are solved, particularly the public safety issues. Mr. Davis agrees.
Mr. Cohen made a motion to instruct Mr. Guzinski to add the Axmen Soccer Proposed Lease Agreement to the Annual Town Meeting warrant before the next Board of Selectmen meeting. Mr. Davis seconded the motion. All-Aye.

4. Fiscal Year 2013 Budget Update (51:57)
In the agenda is a preliminary budget proposal from the Douglas School Department, a breakdown of current revenues and fixed expenditures, and a five-year history of Municipal vs. School spending.
Mr. Guzinski presented the above packet. The current School Department budget request is beyond the Town’s capacity to fund based on projected revenue figures. The proposal is $1.3 million over FY12. He has set up a series of meetings with school officials to address this issue. Mr. Guzinski recommends the Board consider working with the Finance Committee to establish a continuance of the financial portion of the Annual Town Meeting until a consensus can be obtained on the annual budget for FY13. This will be the third year in a row this has been done.
Mr. Cohen asked if there has been anything from the state as to what will be given in Local Aid. Mr. Guzinski is using the numbers that were obtained from the Governor. He does not expect that number to increase. He did get word that the Health Insurance premiums will not go up this fiscal year, as was budgeted. The Town will be helped by the new legislation. They will be in negotiations with all the unions this fall to keep the premiums as low as they can be.
Mr. Guzinski will forward this to the Finance Committee.

5. Library Trustees: Project Presentation. Discuss and Vote on Debt Exclusion Question for Library Project (58:42)
In the agenda is a Design Development Plan dated March 7, 2012 for the Simon Fairfield Public Library, a project Cost Estimate, an Article for Town Meeting Warrant and related materials.
Mr. Biagioni began the presentation. It has been 15 years since the last library renovation project. The main reason for this renovation is to comply with all the ADA laws. Also as the library is an older building, it needs some attention. Mr. Biagioni went over the plans in detail.
There is currently no handicap access at the library. Aisles are currently too narrow for wheelchairs. It is even difficult for strollers to enter and move through the library as it is. There needs to be handicapped parking. As long as there is a working plan, they are in ADA compliance. If the library remains in noncompliance, the Town may be fined.
This project does not add new space; it makes use of existing space.
Mr. Davis had heard that the Library Trustees vote on this project was not unanimous. Mr. Biagioni concurred. There were two dissenting votes because they felt there was not enough time to present the project to the public before the Annual Town Meeting. Mr. Biagioni feels that this project needs to be presented to the public and that there is enough time to do so.
Mr. Holland stated that there was a formal vote of the BFCC in favor of this project. Mr. Holland feels that Douglas could be at risk of incurring fines of as much as $4,000/day if the library is not in ADA compliance.
Mr. Biagioni stated that having library patrons park in a library parking lot and not on the street would be a great benefit to the Town.
Mr. Davis feels more work needs to be done before the project is presented at the Annual Town Meeting. He favors waiting for the fall Special Town Meeting.
Mr. LaPorte feels this project is a necessity, but he is concerned because the project was first brought before the Board at $900,000 then $1.8 million now it is $2.2 million. Will the cost keep going up? He feels that saddling the taxpayers with an extra project is too much to ask. He feels it should be addressed at the Fall Town Meeting after the budget has been done and the school issue has been dealt with.
Mr. Hughes likes the plan and feels it was done in a cost-effective manner and it looks like a realistic number. It is a minimalist plan. He supports the plan and wants to be sure that when it is presented, it succeeds. However, he does not feel the Annual Town Meeting would be the best time to do it.
Mr. Biagioni is concerned that the cost would increase between now and the Fall Special Town Meeting. Mr. Hughes replied that you always run that risk.
Mr. Biagioni mentioned that the $1.8 million figure never included the cost of relocating the library during renovation.
Ms. Lachapelle mentioned that the Library Trustees took a lot of time to look at the needs of the library.
Mr. Cohen feels this project needs to go forward. The Town has rejected the large library project and now the small project needs to go forward. He defers to Mr. Biagioni as to when he feels would be the right time to present it. In reality, it takes 4 out of 5 Selectmen to place something on the ballot. He encouraged Mr. Biagioni to work very hard to inform the public about this project so that when he comes before the Board again for the Fall Special Town Meeting it will get done. He does not feel the special election should coincide with the primary or the annual election. He feels this project should have a special election to show a commitment to having an expenditure.
Ms. Mosczynski stated that the Town has already spent $90-95,000 on this project. Money was saved on the school bids. It is a good time to do a project. Douglas has been fined before for a sewer project. She asked the Board to think about this. She stated that the longer you wait, the harder it gets and it is not going to go away. All it takes is one individual to say, “I cannot access the library.” Either we all work for it and get it passed because it is needed, or we might be fined. She asked Mr. Guzinski what the project would cost the tax rate? Mr. Guzinski estimated a single-family homeowner would see an increase of $54/year. Ms. Mosczynski asked the Board to reconsider.
The Board of Selectmen took a 10-minute recess and reconvened at 9:00 PM (108:53).
Ms. Brouillette spoke in favor of this project moving forward. She asked the Board to be much more supportive of this library project. The $1.8 million was not a good number. The Board of Selectmen asked the Library Committee to go back to the BFCC to see what would be an appropriate cost to renovate this building. The library is a 100-year-old building. This project is a success for the BFCC of looking at a project and coming in with a realistic cost that meets the needs of the community. It is our job to sell it, but the Board of Selectmen needs to help that effort. We cannot continue to look at projects and say it costs money and the answer is no and you need to convince us why we need to do it. We have to say, if it is a real need and we have gone to a committee to evaluate what the real cost is, then we need to find out how to sell it. The library is not serving the community the way it needs to. She does hope it moves forward in the fall if not this spring, but with a lot of support from the Board of Selectmen.

6. Approve RFQ for Safety Complex (111:42)
In the agenda is a memo from the BFCC dated March 13, 2012 and the Safety Complex Designer Selection Schedule.
Mr. Cundiff stated that the BFCC has prepared an RFQ for Designer Selection for the Public Safety Complex. Town Meeting did appropriate $90,000 to get this preliminary work done. The scope of the RFQ and services they are seeking include some preliminary evaluation work: program development, feasibility study, evaluating locations, and options for on-site septic. Rough costs will be generated. One of those options will be deemed the most appropriate and will move forward with a schematic design. Preliminary cost estimates will be developed that will be suitable to go to the Town Meeting in May. The purpose of tonight is to get the Board’s input on the RFQ.
Mr. Cohen asked if the budget were sufficient for the RFQ as written. Mr. Cundiff feels it is.
Mr. Cohen made a motion to approve the RFQ for the Safety Complex. Mr. Davis seconded the motion. All-Aye.

7. Review Draft of Annual and Special Town Meeting Warrants (115:18)
In the agenda is an updated draft of the Annual and Special Town Meeting Warrants.
Since the last meeting, Mr. Guzinski has added the language for Articles 10 and 12, and the proposed classification and compensation chart from the Personnel Board, which includes a 1.5% COLA increase. Other changes will be discussed in more detail once the Board has met with the Personnel Board. Mr. Guzinski recommends the Board sign the warrants at their meeting on April 3, 2012. There will be another article added to this.
Bob Sullivan worked with Atty. Jay Talerman on Article 10 and it has been vetted through Town Counsel and the Water/Sewer Commission and staff. Mr. Guzinski will email any updates on drafts to the Board.

8. School Building Project Update (117:19)
In the agenda is a memo from the Planning Board dated March 12, 2012 and a schedule from CTA.
Mr. Guzinski gave an update on the 50 kw diesel generator that will be removed from the middle school as part of the project. The Town will have until June of 2013 to find a suitable use for the generator. If it has not moved after that time, the generator will become the property of the contractor on site. There has been some interest in the generator, but there is no detailed plan yet. He will be working with the School Committee and the Town Departments to determine the best use for the generator.
Mr. Cohen stated that there is a variety of equipment in the intermediate school that will not be used. A list was circulated to all Town Departments.
Significant progress has been made at the construction site. CTA Construction has completed removal of the trees for the school and track. They have started to excavate. In a few weeks, the foundation will start to go in. Mr. Cohen is very pleased with the progress. At this point there are no cost overruns. The site work is the riskiest part of the project, which is the part of the project that is being entered now.

The ground-breaking ceremony will be Saturday, March 31, 2012 at 10:00 AM at the intermediate school and will start outside the auditorium.

9. Approval of the Minutes (124:54)
March 6, 2012: Mr. Cohen made a motion to approve the minutes of the March 6, 2012 Board of Selectmen meeting as presented. Seconded by Mr. LaPorte. All - Aye.

10. Administrator’s Report (125:38)
Mr. Guzinski stated that the new ambulance arrived yesterday. It just needs to be registered, insured and loaded with equipment. He expects it to be in service by the end of the week.

11. Old/New Business (126:35)
There was no Old Business to discuss.
New Business: Mr. Davis presented: Under the Tax Increment Financing Agreement (TIF) with Classic Envelope, they agreed to run a job fair to promote job vacancies for Douglas residents. Mr. Davis thought to broaden the fair, that it not be limited just to Classic Envelope, but open it to businesses in the surrounding area. The Economic Development Commission has allocated $1,000 to help promote this fair. Mr. Guzinski has spoken with Classic Envelope. This may occur in late April or May. If it occurs the week or two after Town Meeting, the Town mailer could contain a note about the fair. There was a consensus of the Board to support the concept.

12. Executive Session
There was no Executive Session.

13. Adjournment (129:28)
Mr. LaPorte made a motion to adjourn the meeting at 9:20 PM. Mr. Davis seconded the motion. All – Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Suzanne Kane
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