BOS - June 12, 2001

BOS - June 12, 2001

Postby Suzanne Kane » Mon Nov 17, 2008 1:40 pm

Board of Selectmen Regular Meeting
Tuesday, June 12, 2001
Board Meeting Room

AGENDA

7:00 PM


1. Call to Order
2. Chairman’s Announcements
3. Minutes
May 1, 2001 Regular Session
May 1, 2001 Executive Session
May 22, 2001 Regular Session
4. School Building Committee
A. Use of Arbitrage Income
B. Proposed Letter to MHD RE: Turning Lanes on Route 16
5. Re-precincting Plan—Town Clerk
6. Grove Street/West Street Intersection Sight Distance Improvements--Discussion
7. Recycling Options at Transfer Station
8. Appointments—First Look, Discussion, and Ratification
A. Annual Appointments
B. Building Inspector Appointment
C. Planning Board Vacancy
D. Town Accountant Recruitment
9. Review and Approve Warrant for June 28 Special Town Meeting
10. Executive Administrator’s Report
11. New Business
12. Adjourn
______________________________________________________________________________________
MEETING NOTES

JUNE 12, 2001


Minutes
There are enclosed three sets of meeting minutes for the review and approval of the Board. These minutes have been reviewed and corrected by your Executive Administrator.

School Building Committee

A. Use of Arbitrage Income


As you will see from the enclosed letter from the School Building Committee, they
are requesting that the interest income from the borrowings in anticipation of the high school project be used to pay for the costs of issuing the bonds. These bond issuance costs are estimated to run as much as $200,000. for the high school project.

The prospect of using the arbitrage income for purposes other than stabilizing the tax rate was discussed at the financial management team meeting on May 30th. It was the opinion of the Finance Committee representatives and the Town Treasurer that the debt management program that had been presented to and approved by the Town included the assurance that arbitrage income would be used to stabilize the tax rate, and not to fund the project. However, the written record is unclear on that point.

As you will see from the enclosed materials, the Proposed Debt Management Program was discussed by the Selectmen at their July 25, 2000 meeting, for which no minutes can be found. So it is not clear what, if anything, was decided at that meeting. However, the debt management program was discussed again at the Board’s August 8, 2000 meeting, for which there are minutes (copy enclosed). It appears that no final decision was made at that meeting, other than to encourage the parties to meet and try to form a consensus. Thus it appears that the difference of opinion about the use of arbitrage income between the Board of Selectmen and the Finance Committee has never been resolved to this date.

It is important to note that the arbitrage interest must be deposited in the General Fund as a matter of State Law. Thus, it does not become available for appropriation for other uses until it gets certified as Free Cash, which typically happens in September of each year. Accordingly, whether the arbitrage interest is used to pay for the costs of bond issuance or is transferred to the Stabilization Fund, it must be appropriated from Free Cash by a Town Meeting vote.

Members of the Finance Committee and Town Treasurer are anticipated to be present for this discussion.


B. Letter to MHD RE: Turning Lanes on Route 16

The School Building Committee has also requested that the Town send a letter to the Mass. Highway Department seeking their assistance to coordinate the construction of the proposed turning lanes on Route 16 with the construction of the new high school. A letter has been prepared for you for that purpose and it is enclosed. All that is needed is a vote to approve and sign the letter to MHD>

Re-Precincting Plan

Town Clerk Christine Furno has prepared a re-precincting plan that divides the Town into two precincts as required by Mass. General Law. A map of the new precincts boundaries and a legal description of the two precincts is included in your packet. The Town Clerk requests that the Board vote to accept and approve the 2001 Re-Precincting Plan for the Town of Douglas as presented by the Town Clerk.

Grove Street/West Street Intersection Sight Distance Improvements—Discussion

There are enclosed in your packets for your review and discussion copies of the following pieces of correspondence:
1. Letter from Certified Arborist RE: Cost of Cure
2. Memo to Board from Richard Preston
3. Memo from Town Engineer Re: Town’s options
4. Cost estimate for removing existing hedge and grind stumps

Recycling Options at Transfer Station

The Board of Health submitted a memo to the Selectmen about a new recycling option that may become available to the Town (See memo in your packet). Under this option, a group called NEWARK would pick up, haul, and provide containers for paper and mixed plastics at no cost to the Town. However, there would be costs for installing concrete pads for the containers at the transfer station and providing electricity for the compactor. This would eliminate the costs of hauling paper and mixed plastics which presently costs $ 115 per haul and the rental fees on the containers for paper and mixed plastic.

If the Board is interested in pursuing and exploring this option further, your Executive Administrator can solicit a written proposal and contract from the NEWARK Group.


Appointments

A. Annual Appointments

There is enclosed a list of all of the incumbent members of Town boards and committees and Town officials subject to re-appointment whose terms are expiring this year and who have indicated a desire to be re-appointed to those positions. I am recommending the reappointment of all of these incumbents unless the Board wishes to reject the appointment of any of them.

Once we know how many incumbents, if any, are not reappointed, staff will work to match the new applicants with the available positions and come back to your next regular meeting on June 26th with recommended appointments for the remainder of the positions.


B. Building Inspector Appointment
Building Inspector Adelle Reynolds has requested that the subject of her reappointment be dealt with at this meeting as she will not be available to attend the Board’s meeting on June 26th. Adelle’s last reappointment was limited to a 2-year term because of the Board’s concerns at that time about her performance. As I have gathered during my short tenure with the Town, there remain concerns and issues about her performance, most specifically about her customer service and people skills.

Therefore, I am recommending that Adelle Reynolds be reappointed to the position of Building Inspector for a period of 1 year only, subject to the conditions that she work to improve her customer service skills and that she be evaluated at 6-month intervals relative to her progress and improvement in this area.

If the Board wishes to discuss their concerns and issues with Adelle, she requests that such discussion take place in executive session. The Open Meeting Law [MGL Chapter 39, Section 23B (1)] allows the Board to go into executive session to discuss the reputation and character of an individual, so long as the individual has the opportunity to be present or represented at that executive session.

C. Planning Board Vacancy
There exists a vacancy on the Planning Board since the Town election on May 8th. After I made the Planning Board chair aware of the requirement, the Planning Board has now given the Selectmen written notice of the vacancy as required by MGL Chapter 41, Section 11. I would like to determine the Board’s preference on the process to be used to fill this vacancy.

D. Town Accountant Recruitment
As you know, the Town has budgeted for a full-time Town Accountant beginning in September. Your Executive Administrator wishes to seek the Board’s approval for beginning the recruitment process for this critical position.


Review and Approve Warrant for June 28 Special Town Meeting

There is enclosed a draft copy of the proposed Town Meeting Warrant for the June 28th Special Town Meeting. You will see that the number of warrant articles are few and the financial requests are minimal. A brief review of the warrant articles follows:

Article 1. Chapter 90 Funds
The State requires that Chapter 90 funds be appropriated by Town Meeting before they are used to repair and improve Town ways. While that has apparently not been the practice here in Douglas, you will note that the cover letter that came with the Chapter 90 contract speaks to this requirement.

Article 2. Supplemental Appropriations
This article covers the year-end transfers needed by the various departments, as follows:
Town Buildings—The costs of utilities and fuel are primarily responsible for this department’s budget shortfall. These additional funds are recommended to be transferred from the additional lottery receipts received from the State.
Fire Department—These costs were incurred by the Department in responding to the Ridge Trail forest fire. They can be transferred from the additional lottery receipts.
Community Development Department—
Police Department—These additional expenses of the Police Department can be covered simply by transferring funds from the Police Salaries account to the Police expenses account.
Veterans Services—This department is currently running a deficit in its veterans benefits account, caused primarily by the death of a veteran who required burial. These additional funds are recommended to be appropriated from the additional lottery revenue.
Liability Insurance—This budget has a significant shortfall, due to two main factors: the new Fire Station being brought on line, and an increased number of employees. This amount is recommended to be funded from the additional lottery revenue.

Article 3. Prior Year’s Bills
There is only one unpaid bill from a previous fiscal year, which resulted from the Board of Health’s decision to refuse to pay a bill. This can be funded by transfer of funds from the additional lottery proceeds.

Article 4. Repair and Straightening of Grave Stones
This article was submitted by the Cemetery Commissioners. It is the only new funding request on this warrant, and is limited to $5,000. These funds can be transferred from the additional lottery proceeds.
_____________________________________________________________________________
Board of Selectmen
Meeting Minutes
June 12, 2001

1. Call to Order:

The meeting was called to order by Chairman Tom J. Navaroli at 7:05 PM. In attendance were: Shirley Mosczynski, Rich Preston, Ron Forget, Edward Therrien, and Interim Executive Administrator David Owen.

Citizens in attendance: Leslie Breault, Christine Anderson, Pam Holmes, Robert Werme, Frank Yacino, Marie Martinsen, Mitch Cohen, John Manning, Fire Chief Donald Gonynor, Paula Brouillette, Leon Mosczynski, Lisa Mosczynski, Rick Colonero, Marylynne Dube, Linda Brown, Jack Blatchford, Bill Cundiff, Maria Chesley, Jane Lanpher, Steve Zick, Debbie Berthiume, Shirley Cooney, Dave Furno, and many other citizens.

2. Chairman’s Announcements:
Fire Chief Donald Gonynor presented the Board of Selectmen and Town Employees Framed Certificates of Appreciation for their involvement in the Douglas State Forest fire, May 2nd and May 3rd, 2001.

Bob Werme had asked to be recognized by the Board. He is selling 10 acres of Chapter 61A land to his son. He would like the Board to waive the Town’s right to acquire the land. Although the Town does not have first right of refusal because Mr. Werme is selling the land to his son, his Title Insurance company requested that the Board sign off on the matter. Mr. Werme presented a letter addressed to the Board of Selectmen from the Law Offices of Lane and Hamer dated June 12, 2001. He is in a hurry because his son is locked into an mortgage rate.

Motion was made by Shirley Mosczynski for the Town to waive its first right of first refusal to acquire the 10 acres of land, owned by Mr. Werme. Motion was seconded by Ron Forget. All in favor. The documents were signed by the Board and returned to Mr. Werme.

3. Minutes:
May 1, 2001 Regular Session:

Motion was made by Shirley Mosczynski to approve the minutes as amended. Motion seconded by Rich Preston. Thomas Navaroli and Edward Therrien abstained. The rest of the members voted in favor.

May 1, 2001 Executive Session:
Shirley Mosczynski made a motion to approve and release the May 1, 2001 Executive Session Minutes. Motion was seconded by Rich Preston. Thomas Navaroli and Edward Therrien abstained. The rest of the members voted in favor.

May 22, 2001 Regular Session:
Shirley Mosczynski made a motion to approve the minutes as amended. The motion was seconded by Ron Forget. All in favor.

4. School Building Committee:
A. Use of Arbitrage Income:
John Blatchford was asked to join the meeting. A letter from the School Building Committee dated June 7, 2001 to the Board of Selectmen was presented (copy in agenda packet) with questions and issues arising from their last meeting. Item three requests that part of Arbitrage income be used to offset the $200,000.00 costs of issuing bonds. There was discussion as to whether the Board of Selectmen made a decision on the proposed Debt Management Program (enclosed). Angela Ernenwein confirmed from the July 25, 2000 Minutes that the proposal was approved by the Board. Mr. Blatchford questioned the breakdown given by the Treasurer Sharon Brotherton on February 23rd of what it would cost to borrow this money. They were not aware that the amount would be so high and they are looking for clarification as to why. Interim Executive Administrator David Owen discussed this with Sharon Brotherton and she will respond to the School Building Committee’s letter. The Board of Selectmen would like a courtesy copy of her response. Mr. Owen explained that most towns use the services of a Financial Advisor for Bond issues. He feels that these are typical fees/rates. He also went over the process for using Arbitrage income. It first goes into the General Fund. Then it must be certified as Free Cash. Then if it is needed somewhere, it goes onto a Town Meeting warrant. There was concern about using the money at the beginning of a project. Mr. Owen received word from Anthony Gressak that the Water and Sewer Connection Projects are also coming in higher. It was decided that the School Building Committee should move forward but they need to know how the Water/Sewer project is going to be financed. The Board is several weeks away from giving a recommendation. There was further discussion as to costs not being identified and how allotment set aside for the Water & Sewer extensions was estimated. At the last Board of Selectmen’s regular meeting, the Town Engineer Bill Cundiff was asked to make sure that the School Building Project and the Water/Sewer Project were not going to interfere with each other as far as funding. It was suggested that the Board of Selectmen call together all parties involved and discuss how to fund the projects. The Financial Team would like to do some investigation before such a meeting. Suggested to hold the meeting sometime in the first part of July.

B. Proposed Letter to MHD Re: Turning Lanes on Route 16
The School Building Committee has requested that the Town send a letter to the Mass. Highway Department seeking assistance in coordinating the construction of a turning lane on Route 16. The letter was drafted by the School Building Committee to Thomas J. Waruzila, District Director and needs the approval of the Board to sign and send the letter (in packet).

Motion was made by Ron Forget to approve the Board of Selectmen to sign and send the letter to the Mass Highway Department. Motion was seconded by Shirley Mosczynski. All in favor.

5. Re-precincting Plan – Town Clerk:
Town Clerk Christine Furno was asked to join the meeting to show the map outlining the boundaries which will divide the Town into two precincts as required by Mass. General Law (C54 S6). Included in the agenda packet is a memo to the Board of Selectmen dated June 7, 2001 from Christine Furno, Re: Approval of Re-Precincting Plans, a copy of the General Law C54 S6, the map outlining the two precincts, Town of Douglas Precinct Descriptions, and a sample notification letter to the Commonwealth of Massachusetts which would need to be signed by the Board of Selectmen and sent for final approval. The public will be notified when they get their Town census. Future voting will take place in the Middle/High School gym, precinct one on one side and precinct two on the other.

Motion was made by Edward Therrien to approve the proposed re-precincting plan and have the Board of Selectmen sign the letter to the Commonwealth of Massachusetts. Motion was seconded by Ron Forget. All in favor.

6. Grove Street / West Street Intersection Sight Distance Improvements – Discussion:
Rich Preston had gone to Mr. Nedroscik’s house and reported his findings in a memo dated April 17, 2001 RE: Nedroscik / West-Grove Street Site Line (included in agenda packet). Also included in the Agenda packet: Letter from Certified Arborist, Ronald E. Despres to Mr. Leon Mosczynski, Tree Warden, dated May 16, 2001, Cost estimates for tree removal from Full circle Tree Care, dated Feb. 9, 2001, and E. Dexter Davis, dated October 8, 1986, a letter from the Mass Highway Department to Mr. Edward Therrien, RE: Grove Street/West Street/Riedell Road Intersection Sight Distance Improvements, dated January 3, 2001, and a Memo from Norm MacNeil to the Board of Selectmen, RE: The intersection of West and Grove Street, dated Oct. 20, 2000. Mr. Owen suggested to the Board that they review the material, discuss their feelings and then invite Mr. Nedroscik in to discuss options. Question of a wall on the property was brought up – Mr. Nedroscik mentioned that at one time it was discussed that if the trees were removed, the stone wall on his property would be fixed and extended. The Board would need an estimate for this work in order to make a decision on the wall. There was a general consensus that the trees are a safety issue and the Board should move forward. Mr. Owen will contact Mr. Nedroscik and determine whether it is possible to negotiate a voluntary settlement of the issue with him.

7. Recycling Options at Transfer Station:
The Board of Health submitted a memo to the Selectmen, RE: Recycling option dated May 16, 2001 (in agenda packet). The memo covers new recycling options that may become available to the town from a group called NEWARK. The group would pick up, haul, and provide containers for paper and mixed plastics at no cost to the Town. There would, however, be a cost for installing concrete pads for the containers at the transfer station and providing electricity for the compactor. The Board asked Mr. Owen to pursue this option and it was suggested that a new contract with B.P Trucking Incorporated also be considered. (Copy of the Douglas Transfer Station Contract is also in the agenda packet).

8. Appointments:
A. Annual Appointments:
Angela Ernenwein submitted a list of all the incumbent members of Town Boards, Committees, and Town Officials up for re-appointment. There are a number of people who did not respond to the letter that went out asking if they were interested in serving again (This was a new process and many felt that no response was a “Yes” response.) Angela Ernenwein will be contacting those people again. Ratification will be done at the next meeting, June 26, 2001. Included in the agenda packet are the following letters of Re-Appointment acceptance: Letter from Marylynne Dube, dated May 22, 2001 for Douglas Conservation Commission, Questionnaire for Applicants for Boards and Commissions from Linda Brown, dated May 16, 2001 for Conservation Commission, Letter from Marylynne Dube, dated May 22, 2001 for Open Space Committee, Questionnaire for Applicants for Boards and Commissions from David Branagan, dated June 8, 2001 for Economic Development or Cable Advisory, Questionnaire for Applicants for Boards and Commissions from Josiah Burch, dated May 16. 2001 for Zoning Board of Appeals, Open Space Committee, and Board of Health, Letter from Marleen R. Bacon, dated May 16, 2001 for Board of Health, Letter from Adelle Reynolds, dated May 24, 2001 for Building Commissioner, Letters and resume from Edouard St. Martin, for Building Inspector and a letter from Marylynne Dube, dated May 22, 2001 for Master Plan Implementation Committee. Also included in the agenda packet are many letters of recommendation for Edouard St. Martin, and one letter of nomination for Marylynne Dube for Conservation Administrator, dated December 11, 2000.

B. Building Inspector Appointment: Building Inspector Adelle Reynolds was asked to join the meeting, she had requested that her re-appointment be dealt with at this meeting as she would not be available to attend the Board’s meeting on June 26th. Ms Reynolds was looking for a three year term for re-appointment. Mr. Owen recommended that Ms Reynolds be re-appointed to a one year term with conditions. Under Chapter 39, Section 23B of the Open Meeting Law, the Board could go into executive session. Ms Reynolds decided that she would rather discuss her re-appointment in open session due to her many supporters who were also in attendance. Chairman Tom Navaroli opened the floor to citizen comments. Some of the comments were as follows: Team Player, Customer Service not a problem, conscientious worker, helpful, more than competent, works over-time, enforces the code, doing her job well, and other statements of support.

Rich Preston made a motion to re-appoint Adelle Reynolds for a three year term. The motion was seconded by Shirley Mosczynski. Shirley Mosczynski and Rich Preston voted in favor. Tom Navaroli, Ron Forget and Edward Therrien voted against. Motion failed.

Chairman Tom Navaroli made a motion to re-appoint Adelle Reynolds for a one year term with a review in six months, on condition that there be an improvement in her Customer Service skills. Motion was seconded by Ron Forget. Before the motion was voted on there was more discussion. It was noted that there were no letters of complaint in Ms Reynolds file. It was suggested that they put the appointment off until people could complain. Shirley Mosczynski pointed out that they had a recommendation from Bill Cundiff, Town Engineer, who works very closely with Ms Reynolds and they should use his recommendation. She has nothing in her file and she has never been called in for a review. She suggested that Ms Reynolds be given a three year appointment and then if there is a problem, call her in and talk. Chairman Tom Navaroli withdrew his motion.

Chairman Tom Navaroli made a motion to appoint Ms Reynolds for a three year term. Motion was seconded by Edward Therrien. All in favor.

Board member Edward Therrien excused himself from the meeting.

C. Planning Board Vacancy: There is a vacancy on the Planning Board since the Town election on May 8th. Mr. Owen had informed the Planning Board of the requirements under MGL Chapter 41, Section 11 by memo dated June 3, 2001 (copy in agenda packet). The Planning Board has given the Board of Selectmen written notice of the vacancy, by letter dated June 7, 2001, (copy in agenda packet). It was decided the position would be filled by a roll call vote of a joint meeting with the Board of Selectmen and the Planning Board. Planning Board Chairman Richard Vanden Berg, spoke about the candidate Joel Rosenkrantz (copy of Mr. Rosenkrantz’s resume is in the agenda packet). It was decided that the meeting between the two boards be set for the June 26th meeting.

D. Town Accountant Recruitment: The Town has budgeted for a full-time Town Accountant. Mr. Owen has asked for authorization by the Board to begin the recruitment process. He would like to put an ad in the MMA News Letter. The deadline for the July news letter is June 28th. He would like to fill the position by September 1st. Included in the agenda packet is a draft copy of the Town Accountant Job Description.

Shirley Mosczynski made a motion to approve Interim Executive Administrator David Owen to proceed with the Town Accountant Recruitment process. Motion was seconded by Rich Preston. All in favor.

Further discussion: Plan for Town Accountant Recruitment, July – receive and review applications, August – Interviews, September 1st - Town Accountant starts. Mr. Owen is also going to look at the statute to see if a particular term is involved, ie 3 years. There was a question if hiring a Town Accountant would affect plans for a Finance Director but the funding was for an in-house Town Accountant and not a Finance Director. Finance Committee Chairman Pam Holmes mentioned that there is a job description on the MMA Web site for a Town Accountant. It was suggested the Board look for some one with the potential to grow with the position.

9. Review and Approve Warrant for June 28 Special Town Meeting:
A letter from Town Counsel dated June 8, 2001 Re: Special Town Meeting where Town Counsel has reviewed and approved the Special Town Meeting Warrant for June 28, is included in the agenda packet.

Article 1 Chapter 90 Funding: A letter from Mass Highway, dated May 15, 2001 outlines the requirements by for Town Meeting to appropriate the Chapter 90 funds before they are used to repair and improve Town ways is included in the agenda packet.

Motion was made by Ron Forget to approve Article 1. Motion was seconded by Rich Preston. All in favor.

Article 2 – Supplemental Appropriations: Revision to this article is included in the agenda packet. There was discussion as to the reasons for some of the departmental transfers.

A motion was made by Shirley Mosczynski to approve the article as two separate articles, one for Supplemental Appropriations and one for Transfers. The motion was seconded by Rich Preston. All in favor.

Article 3 – Prior Year’s Bill: An invoice from BFI dated May 31, 2000 (copy in the agenda packet) was not paid from last fiscal year. The bill was for a dumpster pickup charge which the Board of Health refused to pay. Also included in the agenda packet is the minutes from the Board of Health Meeting of May 7, 2001 concerning this matter.

A Motion was made by Shirley Mosczynski to approve the article. Motion was seconded by Rich Preston. All in favor.

Article 4 – Repair and Straightening of Grave Stones: John Manning and David Furno of the Cemetery Commission were asked to join the meeting. The Cemetery Commissioners are looking for funding of $5.000 for the repair and straightening of 100 grave stones in the Town’s cemeteries. Mr. Manning has contacted Terry’s Cemetery Restoration and Repair to do the work. He charges $45 per head stone, brings a mobile home to the site, and does all the work in a couple of days. It was suggested that the Commission get letters of reference for this gentleman.

Motion was made by Rich Preston to accept the article. Motion was seconded by Shirley Mosczynski. All in favor.

Article 6: - Added by the Highway Department for Removal of Hazardous Material from the Garage. Chairman Pam Holmes stated that this was aproved by the Finance Committee and was appropriated at the Annual Town Meeting. Matter to be deleted from the warrant.

Shirley Mosczynski made a motion to close the warrant. The motion was seconded by Rich Preston. All in favor.

New Business:
Setting up interviews for the Executive Administrator applicants. June 27, 2001 was set up for the interviews to start at 6:00 PM, one hour for each applicant.

The Board of Selectmen plan to take the past Town Accountant, Louise Redding, to dinner on July 19th at the White Horse Inn, Thompson Conn.
Rich Preston met with Social Science Department at the Douglas Middle / High School to organize a Town Government day into the school curriculum possibly by September.

There is a request for Town Use submitted by Louis Colabello for a toll road fund raiser. There was discussion as to this type of fund raiser being done by school children with regards to their safety.

There was a motion to deny the request by Ron Forget. The motion was seconded by Rich Preston. All in favor.

Adjournment:
Motion was made by Shirley Mosczynski to adjourn at 10:25 PM. The motion was seconded by Ron Forget. All in favor.


Respectfully Submitted,



Suzanne Kane
Suzanne Kane
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