Date of Meeting: Monday, March 24, 2008
Location: Town Hall, 221 Main Street
Time: 7:00 PM –- 9:20 PM
Members Present: Chairman James Stanton, Ken Sydow, Roger Deal
Others Present: Suzanne Olsen, Town Administrator; Lori Esposito, Administrative Assistant; Stephen Madaus, Town Counsel; others as listed on sign-in sheet
Financial warrants were signed in approval prior to the meeting.
Meeting was called to order at 7:00 PM.
Town Administrator Report:
· Health Insurance: Vote to approve MIIA rates for FY’09. Jim Stanton made a motion to accept; Ken Sydow seconded; Voted All in Favor.
o Re: Medex 2 versus Medex 3 – hold for decision from counsel whether it will impact bargaining decisions.
· Street Lighting: Jim questioned lights through center of Town all on, as well as tennis courts. Also, going forward, can we/do we want the Planning Board to hold homeowners associations responsible for street lights in new subdivisions? Stephen Madaus said the problem is that the street lights are in the right-of-way that we would accept as a public way. However, perhaps the developer could pay for existing costs until budgeted [by Town] for next fiscal year. Jim asked if the safety officer could review the number of lights we currently have to see if all are needed. Sue Olsen said this fiscal year would be over by only about $600 with all subdivision lighting included. Next fiscal year would be covered based on what is required in budget. Roger
Deal asked if there is grant money available to upgrade to more efficient lighting. Sue said she will check with Gary Harrington (Light Dept. Manager).
Building Inspector – Monthly Report (7:00 PM):
Mark Bertonassi presented a summary of January and February activity.
· Re: complaint letter received about Building Inspector trespassing on property, Atty. Madaus provided a letter defining where/when the Building Inspector could enter property. For example, when a violation might be obvious, he may use areas that would be accessed reasonably by others. Sue will draft a response to previous complainant.
· Applicant Advisory Committee: The Board asked about Mr. Bertonassi’s meeting with Michelle Ciccolo (Grant Writer), who was gathering information re: establishing an Advisory Committee. Mark said it will be different from how Hudson does it, but suggested she write up how each department does their permitting process. Regular meetings wouldn’t likely happen Nothing more was formally done. Jim said it seems that project is not square with her expertise and asked Mark take the lead to put together a formal process.
o Ken said they felt Mark and Dennis (Board of Health Agent) would be primary contacts; others would be involved only as required and contacted by them. Mark said he and Dennis have already been doing this informally.
o Roger noted that a major intent of the committee is to have a “sign off” so that when it gets to the Planning Board, the process is expedited. Roger feels a committee still needs to be formally put together. Mark said he feels they’re doing what needs to be done; for example, the Police Chief is currently looking at the Rand-Whitney project. Roger does he sign off? Does he provide comments? Mark said he does for the Planning Board. Ken stated the Board would like something more formalized so that these boards have a more complete application when they get there, including sign-offs when necessary.
o Roger asked Mark if he would make an effort to formalize the process and take responsibility. Mark responded that he will look into other Planning Boards to see what they have and try to ‘steal’ from them. Cheryl Morrill (in the audience) agrees it would be a good idea, and offered to provide information how Sutton’s process works. Mark said they will come back next month with a plan. Ken also let Mark know that Theresa Prunier has information, based on past Applicant Advisory discussions.
Cheryl Morrill, Attorney for Longley Hill developer (7:25 PM):
The Planning Board wants the developer to discuss with the Selectmen the rules and regulations requiring sight distance to be measured over pavement. The developer will need to widen the paved area on the easterly side of Central Street for approximately 200 feet. They would like to cut down brush, open up the roadway to widen it and put a rumble strip in. Don Parker was informed and agreed this was a good idea. The area is on the developer’s property, but in the Town’s right-of-way. They don’t plan on opening the existing roadway, just widen the paved area with a rumble strip.
· Stephen Madaus said he attended the Planning Board hearing requiring this discussion. Under new regulations for sight distance, the Board of Selectmen has jurisdiction over a public way. The Planning Board thought approval by a third party authority was required. Stephen’s feeling is that the Planning Board is looking for a favorable or non-favorable opinion from the Board of Selectmen as to whether an application may be approved. It will not be binding.
· Ken Sydow inquired about drainage. Ms. Morrill stated there is a catch basin, but it is not yet hooked up. It will be completed when the developer is again doing work on the property.
· Jim Stanton stated the Selectmen’s Road Improvement Application Hearing Process needs to be followed. This subdivision has been problematic in the past and the Board of Selectmen would like to handle it in the proper manner, and consistent with other road alteration requests.
· Ken Sydow felt that subject to Planning Board subdivision approval and the Road Improvement Application Process, the Board of Selectmen would support it.
· Stephen Madaus said he attended the Planning Board hearing requiring this discussion. Under new regulations for sight distance, the Board of Selectmen has jurisdiction over a public way. The Planning Board thought approval by a third party authority was required. Stephen’s feeling is that the Planning Board is looking for a favorable or non-favorable opinion from the Board of Selectmen as to whether an application may be approved. It will not be binding.
· Ms. Morrill said she will drop off plans for the Board of Selectmen to further consider. Subject to review of plans, would they support the expanded site distance rumble strip? The Board’s response was that they first need a plan.
Earth Removal Board (7:45 PM):
Jim asked about the status of the ERB permit for Compass Pointe on Sewall Street (second permit issued last year after first one expired). Howard Drobner (ERB Chair, present) said it is now on file with the clerk with the same conditions as the first permit. A 53G account deposit does not exist in this current permit as it did in the previous permit.
· Jim said he has received information that they are violating the conditions of the permit. Howard said the permit was for 44,000 cubic yards for areas 1, 2, 4, and 5. Jim asked about the latest information received. Howard said Graves Engineering estimated they took out more than permitted.
· Ken asked how we set the by-law to put “teeth” into it; to enforce fees when the permit is violated. Howard said we originally put a fee in place a few years ago; Compasse Pointe came before the Board and challenged the fee. Attorney Angelini advised that it wouldn’t stand up in court. Town Counsel needs to change the by-law. Stephen Madaus said there are plenty of cases to provide guidance on permissible fees. We would need to have a fee schedule that can be justified. A 53G account would not be authorized for an ERB. Matt Mecum (ERB Member) agrees with the proposed article from the March Warrant. Stephen said he will work with the Earth Removal Board for the wording and will have a by-law change ready for the May
meeting.
School Committee/Finance Committee/FY’09 Budget (8:10 PM):
Chris Keefe introduced the new Superintendent: Brian McDermott.
FY’09 budget is needs-based, with level services
Additional Funds needed: WHY?
Berlin Elementary +207,413 Special Ed + 93.258
Boylston Elementary FY’09 -109,129 School Choice/Charter +121,664
Tahanto +480,248 Spec Ed Reimbursement down + 91,574
Additional Revenue - 65,130 Use of school choice revenue down + 97,649
Tahanto Net = +415,118 $404,145
Superintendent Joe Connelly stated an override is needed to balance the budget for FY’09. This is up 9.6% for reasons beyond their control. It will require educating all Townspeople to get the message out. Karen McGahie (Fin. Comm.) inquired: does Boylston pay for kids going to Assabet? Dr. Connelly said yes, we pay tuition and transportation per pupil.
The FY’09 Warrant Articles requests could possibly be passed on at the Town Meeting and money from the schools’ unspent funds can be used to purchase those articles. Since these are year-end projections of unspent funds, they will likely have that money available in May. Dave Butler asked about unspent money in the E&D Fund for Tahanto. Where will that (approximately $459K) go? John Roy (Finance Director) explained they are projecting $459,287 in unspent funds for Tahanto, and plan to use as follows:
Special Education prepay $100,544 already applied
School Choice $174,807 still needed for next year; will be held
E & D $183,936 (gets closer to 5% required balance)
If this E&D money is put toward the budget, it has the same effect as using a “band aid” approach as free cash did over the past two years and it won’t help as a long-term solution. Dave Butler said it makes sense, but this might not be the year to do all at once. Ken Sydow (to Joe Connelly): all have done an excellent job on the budget. The issue is to educate the public with the override.
Jim asked if there are any further Warrant Article needs beyond a feasibility study for Tahanto? Dr. Connelly said he doesn’t anticipate any. He will have further direction by the end of the week regarding the watershed issue at Tahanto.
Finance Committee (9:00 PM):
Conducted a brief review of the FY09 budget. Continued and rescheduled to April 7 for final budget.
Meeting adjourned at 9:20 PM.
Respectfully Submitted,
Lori Esposito
Administrative Assistant
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