BOS - October 17, 2006

BOS - October 17, 2006

Postby Suzanne Kane » Thu Oct 12, 2006 6:37 am

Board of Selectmen
Agenda
October 17, 2006


6:30 pm
Informational Workshop

7:00 pm
1. Call to Order

2. Chairman’s Announcements

3. Citizen’s Forum

4. Library Trustees

7:15 pm
5. Special Town Meeting w/Town Moderator and Clerk

6. Sign Special Town Meeting Warrant

7:30 pm
7. Whitin Reservoir property Owners’ Association

7:50 pm
8. Street Lights for New Subdivisions – Planning Board

9. BOH – Fee Increase

10. Administrators Report

11. Old / New Business

12. Adjournment
_____________________________________________________________
Future Agenda Items:
Oct. 24:
School Audit w/School, Hal Davis - TIF
Monday, Nov. 6th: Cable Update, Meal Policy, Chapter 61, North Village 40b, Entertainment License Application, Library 5 yr. plan
Nov. 21st: Regional Recycling Contract

TBD: Road Safety & Traffic Issues, CERT Request
_____________________________________________________________
_____________________________________________________________
Douglas Board of Selectmen
Meeting Minutes
October 17, 2006
Approved, February 20, 2007

 Workshop:

Madam Chair Shirley Mosczynski called the workshop to order at 6:30 pm at the Municipal Center.
In attendance: Paula Brouillette-Vice Chair, Mitch Cohen, Mike Hughes, Executive Administrator Michael Guzinski and Administrative Assistant Suzanne Kane. Absent - David Furno
Highway Superintendent-John Furno

Informational Workshop - Mike
- Walnut Street Paving – Highway Superintendent John Furno (Handout):
Reclaim and pave 5400 ft. of Walnut Street, from Arch past Chestnut Street, total cost $93,960 financed through Chapter 90 money. Received $99,424 allotment this August to be used by June 2007.
Motion - Paula Brouillette approve the paving of Walnut Street as presented.
Seconded - Mitch Cohen. All - aye.
- Grant for Oil Tank Removal - $35,000 Received
- Pot Hole Monies - $28,000: Foundation Reserve Account
- Meet w/School - October 24th at 6:30pm regarding Audit
- Hal Davis EDC – October 24th
- Police Chief Foley – IACP finals
- STM Warrant (Draft)
- STM Motions / Presenters (Draft)
- Government Study Committee Questionnaire-Suzanne asked if the Board had questions
- Oct 26th Planning Room 7:00pm Informational Meeting: Heritage Landscape Inventory
Workshop Adjourned: 6:56pm

1. Call to Order:
Madam Chair Shirley Mosczynski called the meeting to order at 7:02pm.
In attendance: Paula Brouillette-Vice Chair, Mitch Cohen, Mike Hughes, Executive Administrator Michael Guzinski and Administrative Assistant Suzanne Kane. Absent - David Furno
Others: Chris Furno, Jerome Jussaume, Dave St. George, Tony St. Pierre, Pete Tetreault, Ellie Cheseborough,
Tribune Reporter Tom Mattson
Whitin Reservoir Property Owners Association: Eric Virostek-President, Carol Hildreth-Secretary, Karen Lussier-Treasurer, Don & Joyce Virostek, Carol Goglinski, John Bombara, Diane & David Ackley and others of 14 total directors. Atty. Walter Jabbs representing the Association.

2. Chair Announcements: Shirley -
- Octoberfest:
Congratulations for a job well done. Good weather, crowd and for businesses.

3. Citizen’s Forum: No one came forward.

4. Library Trustees: Ellie Cheseborough and Pete Tetreault came forward (representing trustees for the Warrant) – Pete stated they were here to get the Boards’ endorsement for Article 9, Library Study $3000. Discussion: Pete - Mr. Farley, previous architect, to provide list of necessary renovations. Ellie – $3000 just addresses the ADA issues (scheduled to meet with the Board in two weeks-more details). Paula – Permanent Building Committee has professional builders/construction people on it and to work hand in hand with those that use the buildings. Library is included on list of future projects. Mitch – Draft from Atty. Moreno regarding ADA Study-which is a legal binding document vs list from architect to be received in December or January-that identifies legal priorities and items to be addressed. Shirley – For clarification, hire an architect to come up with a plan for the over all building to make it ADA acceptable but have no intentions of proceeding any further than getting the plan until after the ADA report is back. Then coming back every year, doing it piece meal, but this would be according to the plan. Ellie – To avoid a 2 ½ over ride, it might have to be piece meal within a Capital plan and affordable for the Town. Mike H – It would be piece meal in terms of how it’s funded. Paula – Having a multi-year plan that we can implement as we have funding is perfect information for Capital Committee.
Shirley – thanked them both for coming.

5. STM November 14, 2006. Town Moderator-Jerome Jussaume and Town Clerk-Chris Furno came forward. Mike – Draft Warrant with a draft list of motions and presenters forwarded to both and invited them for any questions to be addressed at this time. Jerome – Reviewed and found nothing unusual not encountered in the past. Possible bond issues present certain special cases, look forward to see how those come out in final form. Zoning change proposal, we need to know that the Planning Board has done their postings and held a hearing before we get to Town Meeting and look for their recommendation. Met with Cable Advisory Committee last night to go over some procedural things, making sure the video and audio are done well for re-broadcast and more microphone coverage. See a commitment on their part to do a job, do it well and some consistency in every meeting recorded Mitch – We do have a bylaw requiring the taping of Town Meetings. The Cable Committee wants that to work as well as possible especially the audio not only for re-broadcast but for those in the auditorium. Shirley – Confirmed with Suzanne everything is set with the School department and informed the Board will meet next Tuesday to determine who will be speaking from the different boards.

6. Sign the Special Town Meeting Warrant (Handout): Mike – A 15 Article Warrant and was closed at a recent meeting. The Board of Health has the opportunity to join a Municipal co-op with the Town of Blackstone for recycling services which will allow the Town to get funds for recycling and be a financial plus for the community. Town Counsel has informed us we need to sign an inter-municipal agreement with Blackstone which requires a vote of the legislative body of the community. Asking the Board to open the Warrant for the purpose of inserting an Article for an inter-municipal Agreement for Recycling Services and then close the Warrant. I recommend it placed as Article 13 on the Warrant.
Shirley – Do I hear a motion to open the Warrant to insert an inter-municipal agreement for recycling services, which is Article 13?
Motion - Mitch Cohen so moved. Seconded Paula Brouillette. All - aye.
Shirley – Do I hear a motion to close the Warrant?
Motion – Mike Huges so moved. Seconded – Mitch Cohen. All - aye.
Mike – Unless there are any questions, I request the Board approve the signing of the Warrant for the Special Town Meeting November 14, 2006.
Motion - Paula Brouillette so moved. Seconded - Mitch Cohen. All - aye.

7. Whitin Reservoir Property Owners’ Association (Handout-including Map):Atty. Jabs, Eric Virostek, Carol Hildreth and Karen Lussier came to the table- Atty. Jabs: Previously here with the Manchaug Lake Association and explained the basic idea of a Watershed District. Here tonight to discuss and get support of the Selectmen in forming a watershed district around Whitin Reservoir. Municipal entity created by statute, passed by legislature and signed by the governor with a basic purpose regarding water quality and issues around the reservoir. Defined as those properties inside the district (pointed out on the map) which would give a general boundary. Actual district properties would be those inside the general district that have water front placement or deeded access rights in some form. Excluded from the district would be non-profit organizations, state or municipal owned properties. The district is defined by the proprietors (owner of the parcel) and each has one vote. If multiple owners, only one vote will be cast, this is Defined in the Act. They would be allowed: long term studies, funding, obtaining grants, supplement budget for the police to have a policeman during high traffic times if that were an issue. Same municipal powers as: bonding, borrowing and eminent domain. Asking for boards support, does not change any local bylaws: zoning, conservation or infringe on any regulatory powers on these properties, it will not cost the Town anything, properties will be taxed on their own separate tax budget and voted on by their members, collected by our Tax Collector and the Town will be reimbursed. Petition has been obtained and will be delivered. A copy of the documents representing 85% of the land owners surrounding the lake petitioned in support of this action to be delivered tomorrow.
Discussion: Some owners who chose not to participate were not accessible, either didn’t know, hold their time or were opposed. One of the directors -Joyce Virostek stated there are 22 property owners who have not signed to this point, 17 unable to contact and only 5 contacted refused to sign. Mike H – If this entity were to form, what does that do to the person or corporation that owns the water rights in terms of inter action. Atty Jabs – There are a number of sets of rights: to the impound, to water and access and to the land underneath the water-all 3 are separate. People may hold different rights depending upon their deeds and the creation of the lake itself.
Impound-included as proprietor, have a voting right, and if the entity wished to deal with that, for example take the impound in some way, by purchasing or negotiating it, it would be as with any other acquisition of property between a municipality and a private individual.
Land underneath – Usually but not always owned by the impound. In this particular manner, believe a full title not done. Different scenarios:If it’s a great pond the Commonwealth of Mass owns the land under the original great pond and there is water rights to every person in the Commonwealth. If it is not a great pond, which this is not, there is a right to use the water usually deeded with the property but not always. However the underlying land is owned and controlled by the people that have title to that land. Interesting when the water level drops, you may have to trespass to get access to the water.
Paula – Liability Issues: How does liability change, if at all, by creating this additional overlay Municipal area? Atty Jabs: first-the Municipality would have to be bonded and insured. Second – “You’re” not liable for their actions at all. To the extent that property is owned, operated or there’s any activity by the Town of Douglas as a Municipal corporation, within the jurisdiction you’re still liable. In some sense you still maintain your liability for those issues normally there and the district itself would have its own insurance and bonding to cover their liability issues. The owner of the body of water has not yet signed the petition (as was previously indicated a member of this association would). My understanding that the impound owners for both Manchaug and Whitin are interested in having a Watershed District association created because it’s the only entity they probably can effectively deal with if they wish to sell their dams.
Shirley – As far as the control of the water and the Association decides to drop the water level, concern is our Sewage Treatment Plant depends on a certain flow to make our plant work effectively. Atty Jabs – Previously here regarding Manchaug, one of the things solicited as part of this process is input and a member voting or nonvoting from/representing the Board would be recognized. I would assume there would be an inter working agreement among all of the groups. There is no law which requires a dam owner, once there’s an order by DEM to lower it, to fix the impound and bring the water up to level.
Diane Ackley – Not in favor of the Watershed. The main issue is nobody’s talking dollars and cents. I’m already being charged a substantial amount for water front property and now need to find out even though I do not want to belong, am I going to have another entity charging me additional money to participate. How can people possibly vote on this when they have no idea how much they are going to be assessed every year in order to vote on it? Talking liability, repairing the dam, not hearing any guarantees that water is going to be at the level that we like and maintained. What am I actually getting out of this because I’m not feeling that much protection? There’s already a lot on fixed incomes. Atty Jabs – Dollars and cents-the problem with giving a direct answer, is once you create a municipal entity, it is a democracy, the body politics votes the tax rate. It’s up to the people around the lake to determine what that tax rate would be. There will not be a double tax but an additional tax will be charged, like a surcharge. Your assessment rate is base on the value of your property, the same way every municipal entity assesses them. In the act itself is an Opt Out Procedure, where if you believe you receive no benefits, you have the right to petition the entity, not be taxed and not be involved. Ms. Ackley – I can petition the Board, but it doesn’t mean it will allow me to opt out. Atty Jabs – The association has already had a meeting to discuss whether or not to go forward and sure as we go along there will be additional ones. If passed by legislation and signed by the Governor, the act does not become effective until a majority number of/or assessed property owners, votes to create the Watershed District. At the public meeting with a moderator all questions can be addressed. You (the Board) already have information regarding Manchuag and to contact Leicester, no need to duplicate information. Shirley – Stated meetings would be good for those having more questions and thanked all for the information and coming.

8. Street Light for New Subdivision – Planning Board:Move to next meeting – November 6th

9. BOH – Fee Increase (Handout): Mike – read letter of request. Expenses exceeded receipts by $4,288.61 in FY06. This came up when Michael Daly was temporary Accountant. The Board is following through making sure fees cover expenses to take effect March 2007. Mitch – If agreement with Blackstone moves ahead it might not be necessary to raise fees. Mike – Believe the new recycling program will save the Town some money, but it’s a problem that will continue unless we do some adjustments. Recommending we still go ahead and approve the increase and wait a year and if we do find out we’re running a surplus, we can look at reducing that. The increase is modest. Paula – Though a modest increase, concerned we’ll see a number turning to private rubbish disposal. Mike – Not aware of how close these fees are to private removal or if a study was done.
Mike H – Concurs with Paula but at the same time the fees haven’t gone up since 2003. Concern permits decreased-tonnage increased. Shirley – Curious about private fees are and have we dropped off in the use of the facility in over the past 3 – 4 years or since the last increase. Concur but we can’t be in a deficit and hopefully getting the information will help. Mike – This will be deferred for a future agenda until more information is obtained. Mitch – Include a budget break down and review the whole operation. Thanks to the Board of Health for giving advance notice.


10. Administrator’s Report: Mike-
- Grant to Remove Oil Tank from Intermediate School:
Town received $35,000 to cover the spill two years ago. Thanks to Bob Melican, Nancy Lane and Dean Iacobucci for their work on this.
- Pothole Grant (Foundation Reserve Award): Awarded $28,000-our minimum net school spending requirement went up over 10% this year to qualify us.
Thanks to Senator Moore, Rep. Kujawski and Dr. Michael Fitzpatrick for their assistance

11. Old / New Business:
Old: Paula – 4 Town Group Update:
Meeting this Thursday night 7:30pm at Uxbridge Town Hall. Board of Selectmen,Town Managers and Administrators from Uxbridge, Douglas, Sutton and Northbridge as usual are invited. Discussing the project we have been working on the past several years-which is moving forward. New information on the potential P&W commuter service.
-Meeting next Wednesday (October 25th) with the working group on the visual and conceptual planning of the 4 Town area with Daylor Consulting.

New: Paula – Walnut Street Paving?:Mike – Chapter 90 funds used. Highway Department will be paving a 5000 foot section to be completed within the next two weeks.

Shirley – Heritage Landscape Inventory, Blackstone & Quinebaug-Shetucket Rivers Region (Handout): Informational meeting she attended October 12th. Project Fact Sheet read. No monetary match required. Sue Perkins (Open Space-Chair) also attended and will be holding a meeting in the Planning Board Room, October 26th at 7:00pm to generate public interest. Shirley urged all to attend.

Future agenda items announced by Shirley

12. Adjournment- Mitch Cohen motion to adjourn at 8:17 pm.
Seconded – Mike Hughes. All - aye.


Respectfully Submitted;



Jane L. Alger
Administrative Secretary
Suzanne Kane
Moderator
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