BOS - July 20, 2004

BOS - July 20, 2004

Postby Suzanne Kane » Wed Nov 05, 2008 2:51 pm

Board of Selectmen
Agenda
July 20, 2004

7:00 pm

1. Call to order

2. Chairman’s Announcements

3. Citizen’s Forum

7:15 pm
4. Pole Petition – P04-37

7:30 pm
5. Pole Petition – P04-38

7:45 pm
6. Signs – Chief Foley

7. Appointment – Chief Foley

8:00 pm
8. RFP discussion with Bill Cundiff and Dan Heney

8:15 pm
9. EO 418 Community Development Grant – Paul Peterson

8:30 pm
10. Rotary Club – Donation of Park Bench to Town of Douglas

8:45 pm
11. Appointment – Conservation Commission

12. Approval of Common Victuallers Licenses

13. Discussion for proposed Workshop

14. Administrators Report

15. Old / New Business

16. Adjournment
_______________________________________________________________________________
Future Agenda Items:
August 3rd:
David Kmetz – Historical Commission Update
_______________________________________________________________________________
_______________________________________________________________________________
Board of Selectmen
Meeting Minutes
July 20, 2004
Approved September 21, 2004


1. Call to order:

Madame Chairman Shirley Mosczynski called the meeting to order at 7:05 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens: Police Chief Patrick Foley, Daniel and Marilyn Heney, Mass Electric Senior Operations Engineer Stephen Klisiewicz, Robert Sutton, Henry Bosma, Jason Bourgeois, Tribune Reporter Tom Mattson, and T&G Reporter Steve Foskett.

2. Chairman’s Announcements:
Shirley Mosczynski reminded all Boards/Committee’s that their Annual Reports are due by July 30th.

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

4. Pole Petition – P04-37:
In the agenda is Pole Petition P04-37, dated May 21, 2004; letter to abutters, from Administrative Secretary Jane Burle, dated June 29, 2004; a memo to various departments, from Jane Burle, dated June 10, 2004, re: Pole Petitions Charles Street (P04-37) & (P04-38); Pole Petition from Town Engineer William Cundiff, dated June 10, 2004; a memo to the Board of Selectmen, from Police Chief Patrick Foley, dated June 15, 2004, re: Pole Petition; and memo to the Board of Selectmen, from Tree Warden Leon Mosczynski. Shirley Mosczynski read Pole Petition P04-37 and called the Public Hearing to order at 7:15 pm. Mass Electric Senior Operations Engineer Stephen Klisiewicz came before the Board. The purpose of the addition of three poles is to improve service to the community. He stated they have seen “added load growth” they need to bring in a large capacity line down Charles Street. Robert Sutton, 426 Northeast Main Street, asked if there will be any street lights; stating it would fall in his back yard. Shirley Mosczynski explained that a resident would have to request a street light. Henry Bosma, 757 West Hartford Ave, Uxbridge, MA, asked if the poles are on his Charles Street land or on Town property. He stated he wants the lines underground and across the street. Stephen Klisiewicz stated every attempt is made to stay on Town property. Jason Bourgeois, 9 Charles Street, asked if they will be without power at any time and will they be notified. Stephen Klisiewicz stated there may be temporary outages – they are trying to make service better. Jason Bourgeois stated the anchor marking is going deep into his property. Stephen Klisiewicz stated they are doing their best to straighten the lines to avoid going onto his property. Mr. Bourgeois asked if he will be notified if they end up on his land. Stephen Klisiewicz stated they would have to get an easement. Edward Therrien made a motion to close the Hearing at 7:30 pm. Rich Preston seconded the motion. All – aye. Edward Therrien made a motion to approve Mass Electric’s Pole Petition P04-37 as presented. David Furno seconded the motion. All – aye.

5. Pole Petition – P04-38:
In the agenda is Pole Petition P04-38, dated May 21, 2004; letter to abutters, from Administrative Secretary Jane Burle, dated June 29, 2004; a memo to various departments, from Jane Burle, dated June 10, 2004, re: Pole Petitions Charles Street (P04-37) & (P04-38); Pole Petition from Town Engineer William Cundiff, dated June 10, 2004; a memo to the Board of Selectmen, from Police Chief Patrick Foley, dated June 15, 2004, re: Pole Petition; a memo to the Board of Selectmen, from Tree Warden Leon Mosczynski, and a memo to the Board of Selectmen, from Suzanne Kane, dated July 15, 2004, re: Item 5 – Pole Petition P04-38. Shirley Mosczynski read Pole Petition P04-38 and called the Public Hearing open at 7:30 pm. Stephen Klisiewicz stated that this pole relocation is due to an effort to straighten the line; a big tree was in the way. Rich Preston made a motion to close the Hearing at 7:32 pm. David Furno seconded the motion. All – aye. Rich Preston made a motion to approve Mass Electric Pole Petition P04-38 as presented. Paula Brouillette seconded the motion. All – aye.

6. Signs – Chief Foley:
In the agenda is a letter to the Board of Selectmen, from Police Chief Foley, dated July 15, 2004, re: Safety Committee Meeting. Taken out of order after item 3 due to time. Police Chief Foley came before the Board with the recommendations from the Safety Committee. The Committee recommended putting ‘STOP’ signs at Walnut and Arch Street, Glen and Main Street, Elm and Yew Street, and Southeast Main and Main Street. ‘STOP AHEAD’ warning signs are recommended at those locations and the intersection of Northwest Main Street, Oak Street, and Wallis Street. Two yellow ‘30 MPH / THICKLY SETTLED’signs are recommended to be posted in the area of 76 Oak Street. Chief Foley stated he also has an additional request to put a ‘STOP’ sign on B Street at Cook Street. Michael Guzinski stated that information has been sent to the Tree Warden concerning the two trees on Yew Street causing a sight line problem and one on Webster Street that it dead. Rich Preston thanked the Chief and asked if there will be further studies of street and intersections. Chief Foley assured Mr. Preston that there would be – they are just getting started. Chief Foley reported that he has Officers down Town four hours on Saturdays to patrol. Their conclusion is that most violators are local people. They need to provide education and be visible. Rich Preston stated they have high visibility and he appreciates that. Chief Foley stated traffic concerns are not something that can be taken care of over night – they have good people on the Safety Committee. Rich Preston stated he still hears complaints that people are ‘shooting’ through down Town. Chief Foley stated there will be more coverage down through there. Rich Preston asked about speeds signs on Webster Road. Chief Foley stated by law speed signs should be at every intersection. Rich Preston feels there could be more along that road. He then asked about a Bylaw for the little scooters. Chief Foley stated he has a sample bylaw from other towns – they have been trying to get the Registry to deal with them but they say it is a local issue. He stated he will bring the issue back when the Bylaws are reviewed. Rich Preston made a motion to approve the placement of traffic signs as amended. David Furno seconded the motion. All – aye. Chief Foley asked Edward Therrien about the intersection at Webster Road and Main Street – when the intersection was taken out the sign was not replaced. Edward Therrien stated a new one is being made.

7. Appointment – Chief Foley:
Chief Foley stated that as of July 1st he was allowed to add an Officer to his department. The candidates were interviewed by three Chiefs in Shrewsbury, Milford and Mendon. There were 10 officers interested. Selection was based on recommendations from the oral board and test scores. The candidate that came out ahead was Raymond “Rudy” Majeau, Jr. Chief Foley stated Raymond Majeau, Jr. graduated from a full time academy at Westfield State where he received a BA in Criminal Justice. Mr. Majeau graduated from the Police Academy in Boylston July 13th and is a Veteran of two conflicts. Chief Foley stated August 24th Mr. Majeau will be sworn in and begin his duties on August 26th. Rich Preston welcomed Officer Raymond Mayeau, Jr. and asked how much more education he needed. Chief Foley stated none. Edward Therrien made a motion to approve the appointment of Officer Raymond “Rudy” Majeau, Jr. as recommended by Chief Patrick Foley. David Furno seconded the motion. All –aye.

8. RFP discussion with William Cundiff and Dan Heney:
Handed out prior to the meeting is a Sales Report from the Assessors Office, dated July 20, 2004 showing vacant land sales between 1/5/2004 to 5/18/2004. Town Engineer William Cundiff introduced the sole bidder for the land RFP. Dan Heney, 44 Shady Lane, stated Scott Medeiros represented him at the Selectmen’s last meeting and touched on several points. He stated there are several expenses involved after the initial purchase of land the property as it was put out to bid still had expenses, the ANR Plan, perk tests, permit for common driveway, and septic design – all costly and involve time – all things a builder weights in to what he is willing to pay. If the Board chooses to re-bid, Mr. Heney recommended they eliminate the no cut zone and the shared driveway – that is not what people want. Dan Heney stated there are things the Board can’t change – Northwest Main Street is very busy which keeps the prices down. He stated there is also little to no top soil on the property (info from RFP) which costs approximately $400 per load for soil to landscape. After research Mr. Heney found that historically the wells in that area are deep – most had to be hydrofrac’ed. Dan Heney stated the other issue is the Beagle Club Easement – lot 3 would have to deal with those members. But the biggest factor is the ledge that was encountered according to the information in the RFP. Most cellars are 6 ½ feet deep. Per the RFP ledge was encountered at 36”, 60”, 64”, and 74”.down. In order to get a full cellar he would have to either blast or get fill. In his opinion Dan Heney stated they are not premium lots and he is the one buyer willing to close giving $400,000 back to the Town – there are large additional costs to consider if you want to purchase it. Dan Heney stated his homes would enhance the area – he landscapes his lots. He stated the Town plans to put a subdivision behind the 5 lots – if he did not landscape the front 5 lots it would be harder to sell the land behind. If the Board decides to re-bid, Mr. Heney asked that they set a minimum that is acceptable. He stated he spent about 25 hours researching. He hopes the Board makes a quick decision – he has had to hold his $400,000 for 30 days waiting to hear from them. Edward Therrien asked if the land they bought was a Pig in the Poke a bad investment. Then asked Mr. Heney why he didn’t bid on the land in the back. Dan Heney stated the land in the back was so over priced that it was ridiculous and he had mentioned that to William Cundiff when he picked up the RFP. Dan Heney stated he does not think it was a bad investment the Town can recoup their money if they sell the frontage lots for $400,000. All things considered, Mr. Heney stated he feels with the back 10 lots the Town could get $30 – 35,000 per lot in the raw. The market is good right now; rates are up and when rates go up people qualify to pay less money. Mr. Heney stated he thinks that was the Boards goal to begin with. Rich Preston asked if he was saying the market value was only $80,000 per lot. Dan Heney feels it is – the fact that he is the only one that bid is proof. He knows there were other people who took out the RFP that could have bid. Rich Preston stated the Board has a fiduciary obligation to the Town to recoup the money – they bought it in good faith and they want to recoup as much as possible and reasonable. He stated Town Engineer William Cundiff did a very good job putting the packet together then asked Mr. Heney what his suggestions were to make the lots more attractive. Dan Heney suggested eliminating the no cut zone (the 100’ set back), eliminate the common driveway, do AR plan and perk tests. Dan Heney stated it’s a decent piece of land but it’s no bargain – the fact that he is the only bidder he feels is proof of that. Rich Preston asked if Mr. Heney thinks it’s a marketable piece of property. Dan Heney concurred stating its an attractive area. Paula Brouillette thanked Dan Heney for coming in and stated she thinks that some of the elements that have been identified are ones that could make a difference – as Rich Preston stated, they have a responsibility to the Town. She stated they will look at elements that given some feedback could potentially make a difference. She stated that contrary to what Mr. Therrien feels, by selling 20% of the property and having the balance of property they can pay for the whole purchase and the balance of property for potential future use. She feels it is a good deal for the Town – it’s not like they are just breaking even with no asset left. They will still have a significant asset for the Town. Paul Brouillette stated they will take all comments that Mr. Heney has made into account when discussing a re-bid. She stated she has no problem from a re-bid standpoint to have Mr. Heney exempt from the filing fee again. Based on the information Paula Brouillette made a motion to decline the bid opened on June 21, 2004, and instruct the Executive Administrator and Town Engineer to re-bid the RFP with modifications and defer filing fee for second submission for Dan Heney if he bids again. Rich Preston seconded the motion. David Furno asked if there are any spots on the lot that are buildable. William Cundiff stated yes – shallower holes were in back, that may have deterred people going for the larger package. He agrees with Dan Heney that they did not estimate correctly on the bigger parcel and stated the Board has two alternatives, 1) accept Dan Heney’s bid and do something with the back lot or 2) reject the bid, do additional testing, do some AR plans suggesting the Town actually carve out the front AR lots and then re-bid. The risk is they could loose a lot. William Cundiff stated Rich Preston had asked him to contact the Assessors Office which is the handout that summarizes land sales within the last 6 months that are vacant and the price they came in at. Edward Therrien asked what it would cost to re-bid. William Cundiff stated low 3 to 5,000 dollars – to re-advertise and a few 100 to 1,000 dollars for documentation, soil test and cutting AR lots. He stated it would be below 4 to 6,000 dollars without septic designs. Rich Preston asked if that includes cutting AR lots. William Cundiff stated yes, and soil testing so it’s ready to go with a design for septic. Michael Guzinski agrees with William Cundiff – the Town has a greater chance of gaining then loosing by going out to bid again and by doing some testing of the lots. On the motion Paula Brouillette, Rich Preston, and Shirley Mosczynski aye. David Furno and Edward Therrien nay. Motion passed. William Cundiff recommended the Board of Selectmen have him contract the same consultant to do an AR Plan to cut out 5 frontage lots and do soil testing to be viewed by the Board of Health Agent and the Planning Board so they have buildable lots. Rich Preston suggested they reevaluate the common driveway. Consensus of the Board to remove the restrictions of the Common Driveway. Rich Preston asked Michael Guzinski to notify Dan Heney by letter of their decision.

9. EO 418 Community Development Grant – Paul Peterson:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated July 15, 2004, re: Item 9 – EO 418 Grant. Suzanne Kane reported that Paul Peterson could not make tonight’s meeting. She has rescheduled him for the Selectmen’s August 3rd meeting.

10. Rotary Club – Donation of Park Bench to Town of Douglas:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated July 15, 2004, re: Item 10 – Rotary Club. Suzanne Kane explained that she had received a call from Joan McKenen of the Uxbridge Rotary Club stating they wanted to be on the Selectmen’s agenda because they want to donate a park bench to the Town. The president of the Rotary Club was going to submit paperwork for the meeting but that has not come yet. Suzanne Kane stated that once the paperwork comes in she will put the item back on the agenda.

11. Appointment – Conservation Commission:
In the agenda is a letter to the Board of Selectmen, from the Conservation Commission, dated July 14, 2004, re: Associate Member; and an application for Boards and Commissions from Christina Lapan, dated July 7, 2004 for the Conservation Commission. The Conservation Commission is recommending the appointment of Christina Lapan as an Associate member. Rich Preston made a motion to approve the appointment of Christina Lapan as an Associate Member to the Conservation Commission for the period ending June 30, 2007. Paula Brouillette seconded the motion. All – aye.

12. Approval of Common Victuallers Licenses:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated July 15, 2004, re: Common Vic Licenses; a table of all food service establishments; an application for a Common Victuallers License from Nicholas Gianakis d/b/a The Little Coffee Bean, dated June 28, 2004; a REAP from for Nicholas Gianakis; Workers Compensation and Employers Liability Policy for The Little Coffee Bean; a check for $12.00 from the Little Coffee Bean; a memo for the file from Suzanne Kane, dated July 12, 2004, re: Floor Plan – The Little Coffee Bean; an application for a Common Victuallers License from Joussef Bassim d/b/a Douglas House of Pizza, dated July 7, 2004, REAP form for Joussef Bassim, Workers Compensation Policy for Douglas House of Pizza, Workers Compensation Insurance Affidavit for Douglas House of Pizza, a floor plan for the House of Pizza, a memo for the file from Suzanne Kane, dated July 12, 2004, re: Floor Plan – Douglas House of Pizza, and a check for $12.00 from the Douglas House of Pizza; an Application for a Victuallers License from Children’s Haven, Inc., dated July 7, 2004; REAP form from Children’s Haven; Workers Compensation Insurance Affidavit for Children’s Haven, Inc.; Department of Industrial Accidents Notice of Workers Compensation for Children’s Haven; Articles of Organization for Children’s Haven Inc.; floor plan for Children’s Haven; an Application for a Victuallers License from Douglas Flea Market, dated July 12, 2004; a REAP form for Douglas Flea Market; a floor plan for Douglas Flea Market; a Worker’s Compensation Insurance Affidavit for Douglas Flea Market; a check for $12 from Douglas Flea Market; a copy of the Common Victuallers License for the Little Coffee Bean, Douglas House of Pizza, Children’s Haven, Inc., and Douglas Flea Market. Handed out before the meeting is an application for Common Victuallers License from Douglas Youth Baseball, dated May 24, 2004 and a copy of the Common Victuallers License for Douglas Youth Baseball. Suzanne Kane reported that all applications were complete. She has been in touch with the Xtra Mart and they will get their application in soon. She has not been able to reach the Picket Fence and the Side Door is closing. She also reported that the Children’s Haven Inc. has asked that the Board waive their fee since they are a non-profit. Rich Preston made a motion to approve the applications for Common Victuallers Licenses for Nicholas Gianakis d/b/a The Little Coffee Bean, Joussef Bassim d/b/a Douglas House of Pizza, Ann Roon d/b/a the Children’s Haven, Inc., Marlene Bosma d/b/a Douglas Flea Market and the Douglas Youth Baseball as presented and to waive the fee for Children’s Haven, Inc. David Furno seconded the motion. All – aye.

13. Discussion for Proposed Workshop:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated July 15, 2004, re: Item 13 – workshop. Shirley Mosczynski reported that she asked for this item on the agenda to discuss a meeting to look at the Pyne Sand and Stone area as part of future economic growth. Michael Guzinski stated that he has had some discussion with Mr. Pyne and he is interested in meeting. Michael Guzinski stated the Planning Board, Conservation Commission, ZBA, William Cundiff, and Steve Zisk will be invited. He also wants to invite the Economic Development Committee. Shirley Mosczynski suggested inviting the Sutton Administrator, Heritage Corridor and Heritage Design. Consensus of the Board to meet.

14. Administrators Report:
• Letter from Millville:
Michael Guzinski reported that the Board of Selectmen received a letter from the Town of Millville’s Board of Selectmen, dated July 12, 2004 canceling the roundtable discussion on July 12, 2004. Their plan is to reschedule for September, to be announced.
• Memo from William Cundiff: Michael Guzinski reported the Board received a memo from William Cundiff, dated July 20, 2004, re: Water line extension from Douglas to Uxbridge where he scheduled a meeting with the Water/Sewer Commission for July 27, 2004 at 6:30 pm. Shirley Mosczynski stated she hopes everyone can make the meeting. She stated the Shell Station is only interested in putting in water, not sewer.
• Local Preparedness Grant: Michael Guzinski reported that he received a letter from the Executive Office of Public Safety, dated July 19, 2004 notifying him that his Local Preparedness Grant Program Application has been approved. The award amount is $12,820 and can be used for authorized equipment and related costs.
• Town Use: Handed out at the meeting is an Application for Town Use from the Douglas Golf Team, for a car wash at the Douglas Fire Station on July 31st. Paula Brouillette made a motion to approve the application for Town use by the Douglas Golf Team for a Car Wash at the Douglas Fire Station on July 31st, 2004 as presented. Rich Preston seconded the motion. All – aye.
• Bonds: Handed out at the meeting is the vote for issuing bonds for financing the costs of the upgrade and expansion of the Douglas Wastewater Treatment Plant consisting of a $7,658,287 Interim Loan Note (Sewer Bonds). Rich Preston made a motion to approve the Bond as presented; vote attached to minutes. David Furno seconded the motion. All – aye. Rich Preston asked who reviews the bonds. Michael Guzinski stated the Treasurer and Bond Counsel.

15. Old / New Business:
New:
• CMRPC:
Shirley Mosczynski stated that last Wednesday she and Paula Brouillette attended a meeting with CMRPC where they reviewed information. The Potter Road project is scheduled for 2007 and they are aware that it was repaired by the Highway Department but it is still on the list. Shirley Mosczynski stated they noticed that the North Street bridge is not on the list. When inquiring about the process to have projects put on the list they were told that every February CMRPC asks the Boards if there are any projects. Mass Highway may hold a hearing. She stated the Town needs to have a handle on their needs. Shirley Mosczynski stated they were given a contact person to send a letter as a Board. Consensus of the Board to write a letter to CMRPC to be signed by the Board.

16. Adjournment:
Edward Therrien made a motion to adjourn at 8:40 pm. Rich Preston seconded the motion. All – aye.

Respectfully submitted:


Suzanne Kane
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Suzanne Kane
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