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Board of Selectmen Minutes 10/27/2008
Date of Meeting:        Monday, October 27, 2008
Location:       Town Hall, 221 Main Street
Time:   6:10 PM –  9:20 PM
Members Present:        Chairman James Stanton; Roger Deal; Ken Sydow
Others Present: Joseph Connelly, Interim Town Administrator; Lori Esposito, Administrative Assistant; Stephen Madaus, Town Counsel; others as noted on sign-in sheet.

Meeting convened at 6:10PM.

At 6:10 PM on a motion made by Selectman Roger Deal, per suggestion of Counsel, and seconded by Ken Sydow, the following roll call vote was recorded to go into Executive Session under MGL Chapter 39, §23B ¶ 3, to conduct contract  negotiations:  James Stanton-yes, Roger Deal – yes, Ken Sydow – yes.  The Board agreed they would reconvene in open session.

Executive session adjourned and open session reconvened at 6:50 PM.  
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QUARTERLY MEETING UPDATES

Compass Pointe:   
Conservation Commission (Mark Coakley):  Permits lapsed January 2008; they are required to file new Notice of Intent, need to apply under new Stormwater Management Bylaw.

Richard Baker:  In reviewing the file, the applicant never recorded a covenant on subdivision; didn’t apply for building permits.  Condition of approval is to present covenant.  However, plan was recorded, decision recorded, no covenant recorded.  He instructed the Building Inspector that no permit is to be issued.

Jim Stanton said he heard they wanted to complete one road in order to start work on the project.

Mark Coakley said their plan to the Conservation Commission is unchanged; their meeting with them was unorganized, unprepared.  Jim Venincasa didn’t prepare well.

Stephen Madaus:  The Planning Board Chair needs to send a letter to the owner informing him of lack of covenant and violation.   The Board asked Counsel to draft a letter.

Mark Bertonassi:  Stated he took photos today of silt erosion into detention basins.  No activity is taking place except emergency repair work.

Mark Coakley:  Feels land is open mining, which is no violation unless a Bylaw was enacted. There is an active enforcement order regarding silt runoff.

Rich Baker:  There are rumors that the developer wants to build on ANR lots.

Stephen Madaus:  Even if ANR lots, if no covenant, no building permits can be obtained; need to take lots out of subdivision plan in order to get building permit.
Ken Sydow questioned if there are issues with the road being paved.  What if ANR lots are approved, could they gain approval without the responsibility of adding water lines; are they then released from the original subdivision plan?

Stephen Madaus:  Theoretically, yes.

Don Parker:  Spoke with Jim Venincasa.  Don understood he was supposed to run water line from Abbey Road to the school.  He will have his attorney talk to our attorney, since he says he is not required by law.

Rick Baker:  Five years from subdivision approval (January 3, 2006) is sunset provision (January 2, 2011).

Mark Coakley:   Bond will be required for appeal, based on Stormwater Bylaws.

Applicant Advisory Committee:
Sandy Bourassa will post application on-line; apps will be submitted to Building Inspector.  Meeting will consist of Q & A session of project they anticipate doing.

Roger Deal:  Are the steps written out with procedures to follow?  Mark Bertonassi said yes.
Roger said hopefully, this will help speed up the permitting process.

Ken Sydow: Delays were created when incomplete information was submitted to boards and committees.  This is a voluntary process, not required, but will assist with board meetings.

Roger asked Mark to give Nancy Colbert a copy of the step-by-step procedure.  Mark doesn’t have one - the application is the process.  Roger would like him to create a step-by-step instructional process and provide it to the Board of Selectmen at their next meeting.

Library:  Sue Therriault (Library Trustee): Certification waiver application submitted to the State; awaiting response from the Board of Library Commissioners.

Also submitted a Warrant Article for December 8 Special Town Meeting for $7,250 from FY’09 free cash.  This would assist with the waiver application in showing “good faith” from Town funds.

Jim explained that there is not much money (<$100K) in free cash after the Annual Town Meeting; not likely.

Stockton Street Property (No. 30):  Tax title taking has been perfected; property has been cleaned out and is ready to be auctioned by the Zekos Group on November 14, 2008 at 11:00 AM.

43D Grant:  Ken Sydow updated the status of the 43D grant (expedited permitting process).
The Grant has been approved for $59,700; intent is to attract development to the community.  The upcoming Town Meeting will seek to approve Phillips Precision site on Rte 140, then Grant money will be released.

Jim Stanton noted that without designating a site on Rte 140, the Grant is at risk.  Phillips agreed to let us designate their site.

TIF (Tax Increment Financing):

The Board of Selectmen is in the preliminary process of negotiating a TIF agreement with Phillips Precision Engineering.  December 8, 2008 Special Town Meeting will have Article requesting permission to enter into negotiations.

Jim Stanton said the Rand Whitney project has been delayed to the end of 2009.  Market and finances are issues right now.  They told him their intent is to hold onto the site and re-evaluate by the end of 2009.

Perhaps we will be revisiting a business development-type marketing committee to be poised when businesses start looking to build/expand/relocate.

Ken stated he supports Rte 140 development.


7:45 PM RECESS  Nancy Colbert introduced as New Town Administrator to begin December 15th.


FY’2010 Budget Process/Five-Year Capital Plan:
Joe Connelly:  Summary regarding upcoming budget process; limited incoming revenue, increased expenses.  Possibly as much as a ten percent reduction expected in state aid.  Proposes to Board that to start budget process, use “worst case” scenario (reduction of ten percent) and “best case” scenario (level services budget) – not level-funded, but same level of services.

In January, once state aid is identified, we’ll already have options for reductions, if necessary.  It is much more realistic to reduce/cut going in.  Joe recommends to the Board of Selectmen that they start the budget process immediately and develop two preliminary budgets for each department for presentation in early December.

Eric Brose:  roughly $300K in additional revenue/new growth, but minus state aid, net would be less than $300K.

Ellen McKay:  What assumption is being made for salaries?  Joe replied that we need direction from the Board of Selectmen and the Finance Committee; it is undetermined at this time.  Eric said the Finance Committee will meet with the Board of Selectmen first to go over departments’ requirements.

Ellen McKay said we need ending FY’08 expenditures in detail.

Police Chief Sahagian:  We need to realize that numbers unexpended can be chopped to the bone, and then possibly overspent in FY’10.  

Jim Stanton:  When we started to review this last year, it was helpful to find line item redundancies; we will look for more of those.

Joe Connelly:  We have to look at contingencies that make sense to be in the budget and be kept in.  Yet, during a difficult budget process, might need to use money with the understanding that we might have to go back for a reserve fund transfer.  


Draft Five-Year Capital Plan Presented:
A brief review of the plan was presented; no guarantee of funding, but a starting point to know what needs are and plan over five years.

Is the format acceptable to the Board of Selectmen?

Yes – all agreed.

School Building (Tahanto) – Superintendant Brian McDermott:
A minimum 50 percent reimbursement from the state for Project Manager (‘OPM’); PMA from Braintree.

·       MSBA knows the firm; no need to go to a review panel; can begin the negotiating process.  
·       They will be tentatively meeting November 13 (Building Committee/PM)
·       Should have feasibility study ready for presentation at Town Meeting.

Roger:  Will renovation versus reconstruction be determined by Town Meeting?

Brian:  Hopefully, we will have a recommendation by the end of February.  Ultimately, MSBA has the final decision after the presentation to them.  We will be looking for approval of the building project at the May 2009 Town Meeting.

Roger:  What are the pros and cons of a sixth grade addition to Tahanto?  Are you at liberty to discuss that?

Brian:  The more discussed facts are out.  Both communities question elbow room for the future; currently we are not “bursting at the seams.”  For a number of people, having sixth graders at school changes the dynamic of the school.  Expands middle-schoolers and the potential of programs, etc.  A question was raised about funding – Boylston not being able to afford it.  Berlin is not convinced that Boylston can afford what they’d like for their sixth graders.  However, looking at a per-pupil expenditure, it’s about equal; the major difference is the Chapter 70 funding.

Roger:  How would Boylston’s assessment change with sixth graders at Tahanto?

Brian:  Boylston Elementary gets the least Chapter 70 funds (24%), Tahanto next, then Berlin gets the highest (34%).  However, the percentage will be recalculated if sixth graders are there; but it is likely Boylston will receive more Chapter 70 money for sixth graders at Tahanto, at least in the beginning.

Jim Stanton:  It shouldn’t change administrative costs.

Hillside Barn Project:
Ken Sydow made a motion to waive fees for building permits for the Hillside Barn, subject to receiving a written request from the Historical Society.  Motion seconded; voted All in Favor.

Draft Warrant Articles:

·       The Selectmen unanimously agreed to not allow the following articles:
o       Highway Dept request to replace the 1999 F350 Pick-up Truck with plow
o       Library request to transfer $7250 from available funds.
·       With regard to dog officer bylaws, a motion was made to continue this to the Annual Town Meeting pending Counsel’s recommendation; motion seconded; voted All in Favor.
·       Assessors – (elected versus appointed).  
o       Town Counsel advised there are three ways to do it.  The easiest is to do it at the Annual Town Meeting.  Brief discussion regarding reasons to do it.  
o       At the next meeting, get expenditure report from Dan – question how much paid for assessors’ re-evaluation/assessors?
o       Jim Stanton asked about the possibility of regionalizing with West Boylston.
·       The following articles were voted in favor of placing on the December 8, 2008 Special Meeting Warrant:
1.      Phillips TIF
2.      Phillips 43D
3.      Regional School District Assessment appropriation transfer

Rachel Road:
Motion was made to take a vote of intent to lay out the roadway; motion seconded; voted All in Favor.


Motion made to adjourn; motion seconded; voted All In Favor.

Meeting adjourned at 9:20 PM.



Respectfully Submitted,

Lori Esposito
Administrative Assistant