BOS - April 17, 2007

BOS - April 17, 2007

Postby Suzanne Kane » Wed Apr 11, 2007 1:28 pm

Board of Selectmen
Agenda
April 17, 2007


6:30 pm
Informational Workshop

7:00 pm
1. Call to Order

2. Chairman’s Announcements

7:05 pm

3. ATM & STM with Town Moderator and Town Clerk

4. Close and sign warrants

7:15 pm
5. Whitin Lake Association

6. Citizen’s Forum

8:00 pm
7. North Village 40 B

8. Road Opening Permit

9. Insurance Coverage Policy

10. Finance Policy

11. Support of National Guard or Reserve employee(s)

12. Administrators Report

13. Old / New Business

14. Executive Session – Contract Negotiations

15. Adjournment
_____________________________________________________________
Future Agendas
May 1st:
7:30 Master Plan Final Report; 7:15 Liquor License Transfer

TBD: Skate Park Update; Layout Hearings; Fraud Policy; Debt; Workers Compensation Policy
_____________________________________________________________
_____________________________________________________________

Douglas Board of Selectmen
Meeting Minutes – April 17, 2007
Approved December 4, 2007

Informational Workshop:

Madam Chair Shirley Mosczynski called the workshop to order at 6:30 pm in the Selectmen’s’ Office at the Municipal Center.
In attendance:Paula Brouillette–Vice Chair, Mitch Cohen, Mike Hughes and Executive Administrator Michael Guzinski.

Administrator’s Announcements:-Whitin Lake Association: (Handout)
-MOU North Village 40B: (Handouts)
-Insurance Coverage Policy (Town Facility Use): Need feedback from the Board
-Personnel Board Appointment
-Kopelman & Paige Free Educational Seminar: Lauren Goldberg tentatively scheduled for June 12th at 7pm geared toward Town Officials
-Updated Budget
-Police Negotiations: Ongoing
-Minimum Net School Spending Policy
-FinCom Meeting Tomorrow
-Breakdown of Legal Costs from July 1st to March 31st
-ATM Warrant for Monday, May 7, 2007
-ATM Motions (Handout)
Adjournment – 7:07 pm. Moved to the Resource Room

1. Call to Order: Madam Chair Shirley Mosczynski called the meeting to order at 7:08 pm.
In attendance: Paula Brouillette–Vice Chair, Mitch Cohen, Mike Hughes and Executive Administrator Michael Guzinski.
Others present: Jerome Jussaume-Town Moderator, Christine Furno-Town Clerk, Police Chief Foley, Atty. Jay Tallerman-Special Town Counsel, Town Engineer-Bill Cundiff, Eric Virostek-President of the Whitin’s Reservoir Association, Atty Walter Jabs-representing the Association, Carol-Secretary of the Association, Association residents: Don & Joyce Virostek and others, Atty Edmund Taipale-representing North Brown LLC (North Village), abutters-Rich Lamoureux and resident from 8 Brown Road, Mike Yerka-Yerka Engineering representing Webster Development.
T&G Reporter-Steve Foskett

2. Chair Announcements: Kudos to our Fire Department featured on Channel 25 Fox News last Friday. They displayed banners and were videoed by a fly over helicopter. Shirley- Commended them for their hard work.

3. ATM & STM: Shirley invited Jerome Jussaume and Chris Furno to the table and thanked them for coming. Mike G- Warrants for Town Meeting and Special Town Meeting May 7th have been handed out, forwarded to Moderator and Town Clerk for review. Appreciate them coming in yearly to review the process and make sure everything is on track. Jerome- Looked at the Articles, the Special doesn’t seem to pose any problems for us, some may need explanation, should get it done in ample time to convene the Annual Town Meeting. Warrant for the Annual Town Meeting, very imposing mostly because the total text of the Personnel Bylaw and conversation is extensive. Shouldn’t take too long if people have prepared in advance, try to take things in a serial form and by paragraph, if people have comments we take them in order so no jumping back and forth. People that prepare these put in a tremendous amount of time, if they’ve done their homework, had hearings, presented it and taken into consideration the views of the public and they feel they have come with the perfect document. In some Towns they have an “all or nothing approach” you either accept the total bylaw as presented or reject it. Think Town Meeting is the final legislative body and have the right to amend these bylaws on the floor.
Issue: If we run past 10 o’clock and have to adjourn, the next day-Tuesday May 8th is Election-we didn’t envision this when we moved Town Meeting up. Town Bylaw instructs us that we will “adjourn the meeting and re-convene the next day except for Sundays and holidays.” If we have to adjourn it will have to be Wednesday evening.
Video: Asked Mr. Chesebrough-Cable Advisory Committee-to introduce a motion at their last meeting they buy three copies of the video “Town Meeting and You”, produced by the Mass Moderators Association-one also for Library and one for the school. Can be aired on Cable and give all of us a bit of extra education on how Town Meeting is processed.
Mitch- Funds were approved and the order was placed for the video. Need something in writing allowing us to broadcast it, being they own it. Jerome- Will look into.
Mike G- Motions with presenters will be forwarded the week before Town Meeting.

4. Final Budget (Handout) to present to FinCom: Mike G- Reviewed the balanced budget that was reviewed again with the Town Accountant, based on a 4.25 increase across the board. New growth estimate originally was $275,000, after looking at the real numbers with the slow down in building it’s $175,000. Constantly reviewing motor vehicle excise taxes, will inform the Board of any changes. Shirley- It’s a budget in motion, every time we turn around there’s info from the State or tweaked. We’ve had to put into the overage for snow removal unfortunately because of the storms in March.
Motion- Mitch Cohen move that we recommend the budget as presented dated April 17, 2007. Seconded – Mike Hughes. All - aye.

Warrants (Handouts) May 7, 2007: Mike G-
Reviewed the Articles (7 for the Special and 19 for the Annual Town Meeting). Copies to be signed at the end of this meeting.
Special: Motion – Mitch Cohen move we approve the Special Town Meeting Warrant for May 7, 2007 as presented. Seconded - Paula Brouillette. All - aye.
Annual: First 12 Articles are standard. Article 9 may be slightly revised.
Motion - Mitch Cohen move we approve the Annual Town Meeting Warrant of May 7, 2007 as presented and amended at this meeting. Seconded – Mike Hughes. All - aye.
Shirley– FinCom hearing tomorrow night and a meeting Thursday night to rap up the budget and vote their recommendations on the Warrant Articles.

5. Whitin Lake Association: Eric Virostek, Carol and Atty Jabs came to the table. Eric- Explained they’re looking for the Board of Selectmen’s support, as in the past, for the Act in the House of Representatives and here to answer any questions. Currently spoke to Senator Moore who expressed his interest. Atty Jabs- Would like to expedite this matter, time is rapidly dwindling, current session already has all of its bills submitted, and also trying to meet the time requirements given by the potential seller of the dam. Directors of the Association have discussed and willing to submit a written resolution, an expression of good faith regarding the concern with the water flow of the Town’s Water/Sewer Treatment Plant. It is their intention to work with you and the Town in the future. Shirley- informed the Board had Town Counsel review the proposal. As Selectmen we have to look out for the best interest of the Town as you have to look out for the best interest of the Reservoir. Mike G- Two main issues: Eminent Domain of the District and Water Flow into the Mumford River and its affect of the operation of our Water Treatment facility. Minor issues: Town appointed members of the make up of the Management Committee are not full voting members and the cost of the first meeting in setting up the District, borne by the Town or the District. Town Counsel recommended we ask to consider in writing the Act about full voting rights of member of the committee and add a clause into Eminent Domain Powers before the Act is submitted to Legislature. Atty Jabbs- Jurisdiction over the dam and safety issues lies with the Commonwealth of Massachusetts, if they say “shut down the dam or open the dam” that’s what we have to do. Would like to be able to talk directly to Town Counsel to see if we can get some agreed language. Attempting to create a Municipality, Power of Eminent Domain, have no problem having an elected member with voting power on the Board. Reasonable language can conclude these issues. Don Virostek- Emphasized the mportance of a voting Board of Selectman member and regular attendance at meetings to get a majority vote if needed. Consider it isn’t just Whitin Reservoir that supplies water to the Mumford River it’s also Manchaug. No further questions / comments.
Concession of the Board: Mike to discuss further with Atty Jabbs and Town Counsel.

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

8:00 pm
7. North Village 40 B MOU-Memorandum of Understanding (Handouts): Mike G-
Conservation has a public hearing involving this matter at 8 pm, recommend delaying until that is completed.
Atty Taipale, Atty Talerman and Bill Cundiff came to the table. Atty Taipale- Gave a brief history. Applicant is proposing a LIP for the property at Brown Road and North Street in Douglas. First approached the Board the beginning of last summer and have had several discussions collaborating on a LIP as part of Housing Community and Development. Number of homes, two vs three bedrooms, a park, sidewalks, suggestion of the Board to meet with Bill and Mike G to work out an MOU, which we came up with last fall. Reviewed by Special Town Counsel and worked out a final MOU with Mike G and Bill. Basically has the same provisions, some waivers and here to request the Board act on it. Atty Talerman- LIP Project: Believe the Board of Selectmen have a unique opportunity to negotiate the terms they want to see if they want to approve a 40B Project and design at the chief executive level (yours) some conditions you want to see. I don’t think a Board of Selectmen should ever take this lightly, important it should be right for Douglas. When called in, heard there were a lot of positive attributes to this project: impacts to abutting properties, a lot of natural resources on the site, some issues with access to the site, impacts to neighborhood streets and main thoroughfares with increase in traffic. Worked with Ed, Bill and Mike G to come up with a development agreement, expresses an amount of assurances you’ll get what you want out of it if approved. Key issues with the MOU: wetlands and wildlife habitat on site. Agreement with Ed and clients, if goes through to let Conservation Commission do their thing under the full range of their jurisdiction under both the State Wetlands Protection Act and local bylaw. They are going to do 5% more affordable units if they have to.
Access and improvements: We put in a lot of safeguards in respect with roadway widths and traffic impact issues with North Street that Bill informed us about.
If people don’t get along half way through the process or if it turns out Conservation does not like the project for whatever reason or further testimony regarding the traffic situation. I didn’t want to leave anything to chance, I wanted to make sure you’re protected and you don’t have to continue to say yes to this and you have your outs. Ed’s goal is to make his clients have their outs.
Bill- Reviewed physical construction benefits from the project:
-Sidewalks would be constructed in any areas of North Street that were disturbed due to water/sewer construction (Colonial Drive up to the project site)
-Entire North Street would be surveyed and sidewalks designed
-Public water and sewer supply servicing the facility
BOS Endorsement: Atty Talerman- then goes to DHCD for their endorsement which takes less time than Mass Housing. Then they have to adopt all conditions of the MOU, the applicant is then free to file with the ZBA. At any point in time people can change their minds about the project. Potential permit time would be fall and construction to start after the first of the year. Mr. Lamoureux had no comments and his attorney unable to attend.
Mitch- Good example of public government and private enterprise working together to overcome some hurdles. Getting a lot of public good out of this project, In support, recognizing 40B has some concerns we can’t over come and work within those bounds.
Bill- Addressed under #8 of the MOU:for the single family component of the project there is a cul-de-sac that ends at Brown Road and emergency access to Brown Rd if necessary for emergency vehicles. There will be no day to day normal access, a gate maybe.
Mark Anderson of Heritage Design Group- Showed this area on the map and confirmed for emergency use only, aesthetically pleasing and safe, if used every 5 years it’s amazing, will be able to accommodate emergency vehicles at the final design, reviewed by the ZBA, Town Engineer and possibly outside consultant. Once this is a paved cul-de-sac all drainage will be accounted for, storm water management is in two locations, so I can assure there’s not going to be anything running onto anyone’s property. The vegetative buffer proposed for that property is 30’ wide, from Mr. Lamoureux’s house (which was put back on the property line, almost to the minimum zoning) to possibly the next existing proposed house is probably 100 – 125’. This is a municipal project, a new development anticipated to be made a public way with all amenities turned over and be maintained by the Town of Douglas.
Atty Talerman- Can not give the status of Brown Road. There is a statue that says if the Fire Department has to use it to access an emergency they have the right to use it. The key is to designing it so it’s un-obtrusive and meets the Fire Chief’s standards to keeping a good solid emergency access without impacting the neighborhood adversely. With respect to Mr. Lamoureux, one thing the developer tried to do is keep an area where there is an undisturbed buffer. The Board is not bound to make a decission or agree with this document tonight, free to make suggestions, send us back and do more work on it, send the applicant over to the abutters to maybe tweak before you put your signatures on it. Goal was to make a finished product in terms of the protections in it, move the plan forward as best we could, and meet Bill’s satisfaction before we met with the Board of Selectmen so we wouldn’t have to meet again and again.
Atty Taipale- Believe the over all layout, density and lot sizes are consistent with Village Residential Zone. Mr. Lamoureux is zoned industrial. Regarding the “Buffer Zone” we have a long way to go before approval. In fairness to my client we need to know whether we’re going to proceed.
Shirley- asked the Board if there were any other issues that needed to be addressed and if comfortable with the agreement.
Atty Talermen- Two possible solutions: Send this group with the abutters and come back in two weeks with a solution, add a provision “the applicant shall work diligently in good faith to provide additional buffers or other solutions with respect to enhancing the distance or the buffer or screening to the neighbors” that would allow you to go forward with more expediency.
Atty Taiple- Has on a couple occasions attempted to reach out to Mr. Lamoureux’s Attorney to begin this dialogue. No problem meeting if they’re willing to meet with us. Would like to see some sort of commitment on their part. There’s no guarantee we’ll be able to come to an agreement that will work for both sides.
The abutters present agreed to meet.
Consensus of the Board: It is a thorough agreement and provides us with the protection needed, Town Engineer, Administrator and Counsel are comfortable where we are and do diligence to work with the abutters without lengthening this process much longer, the extra two weeks is worthwhile to hopefully work with the developer and abutters.Look forward to seeing this on the agenda in two weeks-May 1st- with some mutually understood resolution and go forward. Atty Talerman informed he will be unable to attend that night but will brief Mike and Bill.

8. Road Opening Permit: Mr. Yerka and Bill Cundiff came to the table. Mr. Yerka is looking for a permit for a project on Charles Street, to extend the sewer another 250’, that will tie into another project that was done in the fall. Have special permits from the Planning Board, Conservation Orders of Conditions, and set to go. Bill- Reviewed the scope of the project with the Highway Superintendent. Cliff (VanReed) stated his estimate was $14,000.00 constructed for the project. Recommend we require a surety be in place of $3000.00 which allows us to insure that the road can be repaired if disturbed untill the project is deemed acceptable. Highway Superintendent does have some definitive plans of re-paving Charles Street entirely once this project is completed and working to draft a formal policy so something can be handed out to developers and everyone knows what the standard is. Looking for flowable fill instead of native gravel for future projects.
Not sure if Charles Street is included in the sidewalk plan.
Motion - Mitch Cohen move to approve the road opening permit contingent on requiring a $3000.00 surety bond to include the scope of road improvements as presented.
Seconded –Paula Brouillette. All - aye.


9. Insurance Coverage Policy (Handout): Mike G- Suzanne has been working on the Use of Town Property Release form. Reviewed by MIIA (our insurer) and Town Counsel and designed to protect the Town in case someone is injured on Town Property during an activity. All organizations have been notified. Asking for the Boards’ approval of implementation of the policy and mandate all organizations attach to activity sign up forms starting January 2008.
Motion- Mitch Cohen approve the “Use of Town Property by Outside Organizations Insurance Coverage Policy” as presented and to be in effect January 1, 2008.
Seconded - Paula Brouillette. All - aye.


10. Finance Policy Implementation (Handout): Mike G- Put several draft policies together: “Free Cash, Stabilization and Debt”, “Super Policies”. Will be forwarding to FinCom and different financial officers in Town that deal with these. Need the Boards’ feedback and will aggressively start looking at this after Town Meeting. Paula- Free Cash and research on appropriate ranges of debt levels and their impacts needed. Mitch- “Super Policies”, overall the big picture and one directly for the taxpayer.

11. Support of National Guard or Reserve Employee(s) (Handout): Mike G- Read the request from Kenneth Forchielli, State Chair for the Massachusetts Committee for ESGR. Brief- “Reservists work side by side with their Active Duty counterparts and are an integral component of our all-volunteer force. When members of the National Guard and Reserve are mobilized, they leave behind companies, large and small, shoulder the burden when their employees are mobilized and provide invaluable support to our deployed Service members and their families. In doing so, they contribute directly to the national security of the United States.” This asks for the certification of the employer and request the Board vote in favor of the Statement of Support for the Guard and Reserve.
Motion- Mitch Cohen to approve. Seconded - Paula Brouillette. All - aye.

12. Administrators Report: Mike G
-Chapter 90 Local Transportation Funding:
Letter read received on April 4th from Governor Deval Patrick and Timothy Murray informing aid will be $150 million, 25% increase over the prior year. This certifies the Town of Douglas’s apportionment for Fiscal 2008 is $269,459. Will put that money to good use to re-pave and repair some critical infrastructure in the Town. John (Highway Superintendent) is working on completing a draft five year road plan. Have been working with Bill and John, and looking at this years funding possibly setting up a contract with CMRPC. Believe the cost is $20,000, money well spent. They will physically come out and survey every mile of roadway in the community and assist us in developing a plan based on scientific methods on how to stretch your money and make it the most effective on roadways. They come out once and the plan lasts for 5 years. Once they do the initial survey it’s only minor maintenance to come out and do an update check every so often. Chapter 90 monies can be used so we can move forward with that project.
-Government Fair: Pleased with the fair last Friday, great inter-action with the students and the school’s participation how it was put together. Attended the Student Town Meeting which was very inspiring and entertaining at times. Impressed with the debate and knowledge of the students. Thanks to Rich Preston for his work and all participants.
Shirley- She, Mitch and Paula were interviewed by the Senior Class.

13. Old Business:
Senior Citizen Bus: Shirley-
Spoken several times with Jen Callahan. May 14th it will be rolling off the assembly line, 7-14 days from then should see the product. Requested Jen send a letter to both Boards of Selectmen and cc the Senior Citizens.
Key-less Entry System: Mike G- Cable got some rough quotes. As soon as the Warrant is posted and the budget is settled, will be meeting with Mitch and the Cable Committee to get this going.

New: Business:
4-Town Process Update: Paula-
Final plan from Daylor presented about two weeks ago. Basically gave us a base line for moving on to the second phase. Will be recommending we have a 4-Town Board of Selectmen meeting after Town Meeting. Consensus seems we focus on infra-structure and zoning compatibility of towns that abut.

Shirley- Reminded all to look at future agenda items and other items to be addressed that will be discussed at a future meeting.
-Workshop: Next Tuesday at 6 pm.

14. Executive Session: Motion - Mitch Cohen to go into Executive Session for the purpose of Contract Negotiations and to come out of Executive Session for the purpose of adjournment. Seconded – Mike Hughes. All - aye.
Roll Call Vote: Mitch Cohen-aye, Paula Brouillette-aye, Shirley Mosczynski-aye, Mike Hughes-aye.

15. Adjournment- Mitch Cohen motion to adjourn at 8:36 pm.
Seconded – Paula Brouillette. All – aye.

Respectfully Submitted;

Jane L. Alger
Administrative Secretary
Suzanne Kane
Moderator
Moderator
 
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