BOS - December 18, 2007

BOS - December 18, 2007

Postby Suzanne Kane » Wed Dec 12, 2007 1:01 pm

Board of Selectmen
Agenda
December 18, 2007


7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

1. Senior Van Agreement

7:10 pm
2. Pole Petition Hearing

7:20 pm
3. Change of Hours – Falzone’s

4. ZBA Fees Update

5. North Village - MOU

6. Common Victuallers License Renewals

7. Class II License Renewals

8. Automatic Amusement License Renewals

9. Chauffer License Renewal

10. Award Bid – Keyless Entry

11. Indirect Cost Allocation Agreement

12. Minutes – April 17, 2007 Executive Session

13. Administrators Report

14. Old / New Business

15. Executive Session – Litigation

16. Adjournment
_____________________________________________________________
Future agenda Items
January 15th:
New Class II Application; Govt. Study Discussion
TBD: Skate Park Update; Fraud Policy; Personnel Policy;
ConCom Water Restrictions; Cable; Finance Policy
NOTE: All times are estimates unless denoted as a hearing.
_____________________________________________________________
_____________________________________________________________
Douglas Board of Selectmen
Meeting Minutes
December 18, 2007
September 16, 2008


Call to Order:

Vice Chair John Bombara called the meeting to order at 7:01 pm in the Resource Room at the Municipal Center.
In attendance: Chair Mike Hughes, Paula Brouillette, Mitch Cohen, Scott Medeiros, Executive Administrator Michael Guzinski, Administrative Assistant Suzanne Kane.

Other Staff and citizens: Fire Chief Don Gonynor, Town Engineer William Cundiff, Atty Edwin Taipale representing the applicant for North Brown LLC, Nationgrid Rep Josh Stevees
T&G Reporter Steve Foskett, Tribune Reporter Tom Mattson

Chair Announcements: John Bombara wished everyone a Merry Christmas.

Citizens Forum: No one came forward.

1. Senior Van Agreement (Handout): Mike Guzinski At the STM, Inter-Municipal Agreement and funding approved for the operation of a senior van in conjunction with the Town of Sutton and their Administrator. Key provision:In the first year look at a trial basis of splitting the cost 50/50, then measure usage, this is based on the number of rides, and meet again to make sure the funding is equitable with usage. Sutton would be the lead community, van will be housed there and the driver would be a Sutton employee they would oversee. Requesting the Board approve an agreement with the Town of Sutton for the joint use of the senior van.
Motion- Scott Medeiros We endorse the joint agreement on the Administration of Douglas / Sutton Senior Van as presented. Seconded- Mitch Cohen. All - aye.

2. Pole Petition Hearing (Handout): John Bombara opened the hearing and read the petition-Install new poles # 36-50 and # 39-50 in order to remove slack in lines on South Street. Abutters notified. Josh Stevees came forward: Basically raise the lines up for safety purposes.
Motion- Mitch Cohen To close the hearing at 7:13 pm. Seconded- Scott Medeiros. All - aye.
Motion- Mitch Cohen Approve the Pole Petition as presented. Seconded- Paula Brouillette.
All - aye.


3. Falzone’s – Change of Hours: Suzanne Extend hours of operation the day before New Years Day until 1am. Only approval needed by ABCC is vote of the Corporate Board. Police Chief Foley agreed, no complaints on this establishment.
Motion- Scott Medeiros We amend the Liquor License Conditions for Falzone’s Italian Restaurant and Falzbro Inc to allow hours of operation to be 12 o’clock noon until 1am on New Year’s Eve, which ever day of the week that happens to fall on. Seconded- Mitch Cohen. All - aye.

4. ZBA Fees – Update (Handout): Mike Guzinski Was contacted by the ZBA Chair, unfortunately had a conflict and could not attend tonight. Secretary of ZBA forwarded a draft fee schedule and regulations governing fees. Forwarded to Town Engineer for any comments. ZBA will be reviewing and possibly voting on at their next meeting January 10, 2008. This Board does not need to take any action. Will forward a copy with the final accepted fee schedules to the Board. Bill Cundiff came forward. Looks like a good document, would allow the Town to recoup a lot of expenses and allows ZBA the ability to hire outside professionals to help in reviewing permit applications. Referenced section 5.3 typo.

5. North Village – MOU (Handouts): Mike Guzinski DHCD was recently contacted through our special town counsel Jay Talerman, requested they review their decision to not accept the MOU language. No further response from them. Atty Taipale & Bill Cundiff came forward. Atty Taiple Spoke yesterday with Toni Hall, LIP Program Director at DHCD, indicated she did not believe there would be any change in DHCD’s decision in respect to the MOU on that paragraph, their counsel had some issues because all local bylaws were to be under the control of the ZBA in order to have the ability to waiver, or even the applicant to have the ability to request waiver of the local bylaws, it was in contradiction with Chapter 40B. They have not had an MOU as detailed and specific as this. As discussed last time there is specific problem with language regarding the paragraph about the wetlands, seems to alter the requirements of the statute in terms of the procedure for the hearing and for the conduct of the ZBA hearing. Proposed language Jay came up with today for the Board to consider, seems to be similar to the procedure that would be followed in a normal 40B process, but not sure if DHCD would agree to the change. Suggested striking the paragraph regarding the wetlands and proceed according to the statute. We are ready to submit under Wetlands Protection Act, done all the design and it doesn’t appear we need any waivers from the local bylaw. In terms of moving it through DHCD, the cleanest to do would be to eliminate the paragraph, but it is up to the Board. Looked at Jay’s latest language and compared it to the underlined portions of the statute, it’s very similar, not much would be lost by striking it and don’t think the Town would be harmed in any way by doing it, but that’s the decision for the Board. Bill Cundiff Issue of the wetlands originated through special counsel Jay Talerman. Counsel asked that we approach the local Conservation Commission if they had an interest in maintaining the local bylaw, which was relayed to the Selectboard and they supported the concept. Believe Jay is correct in his proposal because it doesn’t conflict with the statute primarily because it gives all of the control to the ZBA and the ZBA makes all the final decisions, all the local bylaw, with adversary opinions from the local Conservation Commission. DHCD doesn’t see it that way. Discussed again a few weeks back with the Conservation Commission, they maintain they still would like to maintain some control over that local portion of the bylaw. Does the Board want to maintain this condition in the MOU, propose a change (would cause a delay) or strike it? Conservation will still do a review under the State Wetlands Protection Act, maintain that review and not yield that control to ZBA. The only review they would yield potentially is the local bylaw which mirrors the state requirements. The difference becomes, if there’s an issue and their application is denied, an appeal process begins and under the State Act it would go to DEP who would render a decision and could go on from there, but DEP takes control. Under the local it goes to Superior Court and then through that process and we defend our local bylaw locally with Town Counsel. Atty Taipale What’s often done in these situations with local bylaws, after consultation with local Conservation Commission, we will be filing under the Wetlands Protection Act, going through the process that mirrors that process under the local bylaw. If there are additional conditions that the Conservation Commission feels appropriate under the local bylaw they can be added to and become conditions under the comprehensive permit issued by ZBA. We do have a wetlands crossing but it’s only on the access road into the condominium project, should be under 5,000 sq ft, should be consistent with both the state statute and with the local bylaw.
Mitch Cohen Need to get this resolved, uncomfortable in making a change such as striking a section without having counsels direct input, but at the same time absolutely see your position (directed to Ed). Scott Medeiros Obviously Special Counsel has tried in vain to achieve some language that allows Conservation Commission to retain some of their desired control. We’re not losing anything giving control to ZBA as long as the process is followed in accordance with the 40B process, and as long as Conservation Commission in a timely manner issues any special concerns they have. I would be in favor of striking those items and allowing it to proceed in accordance with the standard procedure with the understanding that the Zoning Board will receive substantial input from Conservation Commission and address any concerns they have if there’s a permit issued. Bill Cundiff Confirmed the fact that what our local conservation commission is losing control of, is an appeal process. In the best interest of the Town we should move forward with striking the language. Atty Taipale We’re not anticipating requesting a waiver from the local bylaw. The decision is issued by the ZBA rather than the Conservation Commission, but still with Conservation input. Mike Hughes – Generally I would agree, but it mirrors it so closely, rather than hold things up, support striking the language.
Motion- Mitch Cohen Revise the MOU, striking the language in Item 6 as presented. Seconded- Scott Medeiros. All - aye.

6. Common Victuallers License Renewals (Handout): Suzanne Complete, can approve as a group.
Motion- Scott Medeiros Approve the renewal of the Common Victuallers Licenses as a list, beginning as Children’s Haven and ending with The Picket Fence. Seconded- Paula Brouillette. All - aye.

7. Class II License Renewals (Handout): Suzanne State requires them to be bonded for $25,000, to protect their customers. Request Jeanne Chamberlain, d/b/a Douglas Auto & Truck Sales, license be approved contingent upon completed fire inspection. Request Kevin Stolte d/b/a K2 Automotive, be approved, comfortable with getting Articles of Organization. All others complete, no taxes in arrears.
Motion- Mitch Cohen Approve the Class II Licenses as presented from Dan’s Auto Repair to T.J. Lapan Co, with Douglas Auto & Truck Sales approval contingent upon receipt of fire inspection. Seconded- Scott Medeiros. All - aye.

8. Automatic Amusement License Renewals (Handout): Suzanne Only two and are complete.
Motion- Scott Medeiros to approve Automatic Amusement Licenses for Breezy Picnic Grounds and The Goodness Store as presented. Seconded- Mitch Cohen. All – aye.

9. Chauffer License Renewal (Handout- State refers to it as Taxi/Limo): Suzanne It is complete and he has only one vehicle.
Motion- Scott Medeiros to approve the Taxi/ Limo License for Mr. Wayne Edward Lee of Motor Carriage Co. Seconded- Mitch Cohen. All – aye.

10. Keyless Entry System – Award Bid (Handout): Mike Guzinski At a point where we were going to have to re-do the locks in the Municipal Center and re-issue keys. In working with Cable Committee, they agreed to fund half the system and ATM approved the other half. Out of three quotes, two met our specs, lowest from American Alarm $7,000 is within our budget, and meets everything we were looking for as far as a system, that’s essentially a controlled system by a computer terminal. Will provide 100 key fobs, about $3.00 each, current non-duplicate keys are approximately $30- a piece. Indicated the system could be installed and completed by end of January. Recommending the Board award the Bid for the Keyless Entry System to American Alarm for the amount of $7,000. Mitch Cohen Representing the Cable Committee, it’s a very good flexible system, to activate and de-activate as needed, assigned to certain groups, can be programmed to automatically un-lock and lock at set times. Suzanne will be able to administer from her desk.
Motion- Scott Medeiros Award the Keyless Entry Contract Bid to American Alarm as presented for the amount of $7,000. Seconded- Mike Hughes. All – aye.

11. Indirect Cost Allocation Agreement (Handout): Mike Guzinski This proposal is actually at the recommendation of our auditor and under the school department year end report. DOE requires a full written agreement between the School Committee and Board of Selectmen and to prepare as soon as possible. Basically referring to Schedule 19 costs. Costs that the Town incurs for school employees and school expenses that are outside the school budget. Simply mirrors what we’re currently and have been doing with the school, but puts into written form as to the procedures and what is considered part of the indirect cost allocation. Goes partly to the required minimum contribution from the state. School Committee approved this draft of December 5th, are in agreement with it, Town Accountant and Business Manager worked it out, reviewed the agreement and recommend the Board approve the agreement as presented. Mike Guzinski View this as a living document that can be revised, if there are areas that need to be updated and improved. Paula Brouillette It may be appropriate to say the Town Accountant is the authority on when these costs need to be received in order to be accredited for the Schedule 19.
Motion- Scott Medeiros We direct the Chair of the Board of Selectmen to sign the document, the Town of Douglas Indirect Cost Allocation Agreement Municipal Expenses as presented. Seconded- Mitch Cohen. All – aye.

12. Minutes – April 17, 2007 Executive Session:
Motion- Paula Brouillette Approve the Executive Session minutes of April 17, 2007 and hold. Seconded- Mitch Cohen. All – aye. Abstain - John Bombara and Scott Medeiros.

13. Administrators Report: Mike Guzinski
-Letter from Adelle Reynolds Building Commissioner & Mr. & Mrs. Connors (Handouts): Regarding 4 Orchard Place, home of Mr. & Mrs. Connors, lost to a fire on May 8, 2007, and starting to rebuild on the existing foundation. In June of this year it was approved to increase permit fees, however requesting the Board allow the use of the previous permit fee schedule. This is a unique situation and recommend the Board consider allowing this one case for the permit fee be set for this single permit at the prior rate.
Motion- Mitch Cohen We approve the permit fee be $559.21 for Mr. & Mrs. Kevin Connors at 4 Orchard Place. Seconded- Mike Hughes. All – aye.
-Letter from Fire Chief Don Gonynor: Douglas fire Department has received a Grant from the Department of Homeland Security in the amount of $65,800, in which the Town’s share will be $3,290 and the federal share will be $ 62,510. The Fire Chief stated this will be used for upgrading fire equipment. Congratulations to the Fire Chief.

14. Old / New Business: None

15. Executive Session:
Motion- Mitch Cohen To go into Executive Session at 8:08 pm for the purpose of Litigation and to exit Executive Session for adjournment. Seconded- Scott Medeiros. Roll Call Vote: Mitch Cohen – aye, Paula Brouillette – aye, Michael Hughes – aye, John Bombara – aye, Scott Medeiros – aye.

Moved to the Selectmen’s Office.

Executive Session Adjournment: Motion- Scott Medeiros Leave Executive Session at 8:41 pm for the purposes of adjournment. Seconded- Mitch Cohen. Roll Call Vote: Mitch Cohen – aye, Paula Brouillette – aye, Michael Hughes – aye, John Bombara – aye, Scott Medeiros – aye.

16. Adjournment:
Motion- Scott Medeiros made a motion to adjourn at 8:42 pm. Seconded- Mitch Cohen. All – aye.



Respectfully submitted;



Jane L. Alger
Administrative Secretary
Suzanne Kane
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