Date of Meeting: Monday, September 21, 2009
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 8:47 PM
Members Present: Chairman James Stanton; Roger Deal; Ken Sydow
Others Present: Nancy Colbert Puff, Town Administrator; Lori Esposito, Administrative Assistant; Stephen Madaus, Town Counsel; others as noted on sign-in sheet.
The minutes of September 8, 2009 meeting were approved by the Board.
Committee Appointment: A motion was made, seconded and voted All in Favor to appoint Stephen Dornal to the Finance Committee.
Library: The Library Trustees advised that they plan a renovation/remodeling of the present library and have selected an architect to complete a master plan for such renovation/remodeling. The contracted amount is $10,000 for the architect and Town Counsel, Steve Madaus, stipulated that the full amount of the contract must be in a Town account prior to the Trustees signing a contract. A motion was made, seconded and voted All in Favor to approve establishing a gift account specifically for the above purpose.
Report of the Town Administrator to the Board of Selectmen:
· Rte. 140 Corridor Study: a public meeting will be held on Wednesday, September 23, 2009 at 7:00 PM in the Selectmen’s Room.
· Cell tower sites A Request for Proposals for two sites (Fire Station and Mile Hill Road) has been released; proposals are due in the Selectmen’s Office October 28, 2009 at 10:00 AM.
· Auctioneer services A Request for Proposals of Town properties has been released; proposals are due October 14, 2009.
· Stiles Crossing: on September 16, 2009 the Planning Board voted to declare Stiles Crossing, LLC in default on its obligation to complete its subdivision in a timely manner. The Planning Board requested Counsel’s assistance in pursuing the performance guaranty on the project, totaling $342,671. Both Northborough and Shrewsbury are pursuing incomplete projects by the same developer.
· Special Town Meeting Possible Additional Articles: (1) To enable the Planning Board to expend captured bond moneys less than $100,000, by vote of the Board of Selectmen, the Town must have adopted the provisions of c.41 §81U. (2) For the Planning Board to expend amounts exceeding $100,000 the Town must approve the expenditure of the bond moneys.
· The Town Treasurer will introduce a new web-based payment system to be put into operation shortly.
· Window Replacement The second phase of the project should be completed this week.
· HVAC System: a leak has been discovered in the in-floor pipes affecting the heating system for the basement and gym; a remedy has not yet been decided upon.
· Personnel Board: Dick Prince and John Stowe have both expressed interest in remaining on the Board, subject to discussion regarding the future role of that board. We need to figure out the future role of the Personnel Board and also write an Employee Handbook. Steve Madaus is prepared to discuss the issue.
· Ambulance and Fire Chief Vehicle Replacement: Chief Flanagan is working with the TA on bids for both vehicles.
· Resignation of Town Accountant: Dan Haynes has submitted his resignation, effective October 15. Dan has submitted names of two potential replacements.
· The Wachusett Chamber of Commerce will hold an economic development breakfast next Friday; Cathy Phillips (Phillips Precision Engineering) will be on the panel and speaking.
7:00 PM Treasurer/Collector Alyce Johns:
· Alyce introduced herself to those present.
· The Collector’s Office will be doing on-line billing payments. Electronic banking is free. MasterCard or Discover is on a sliding fee scale; checking is free of charge.
· Jim Stanton asked when it will be available. Alyce said in about two weeks. Per UniPay Gold, residents will need a bill and account number available to access their account for payment.
· Gary Harrington (Light Department Manager) is looking into it for possible payment of their invoices.
· Don Parker inquired about seniors who do not have computers; Alyce said they can still come in to pay or mail in their payment.
Planning Board (Richard Baker):
· Stiles Crossing subdivision: The Planning Board has found the developer to be in default. Residents are concerned about snow removal, since it is the developer’s responsibility.
· Compass Pointe (same developer as Stiles): They have applied for an extension of subdivision approval, currently due to expire 12/22/2010. The Planning Board can do that without a public hearing. Dr. Baker notes there are good reasons for and against granting an extension. They are requesting an extension of six years from that date. The question is, is there an advantage to granting a lesser length extension. If no extension is granted, work will stop. Their access to funds depends on “substantial extension of the time for completion.” Cheryl Morrill, who represents the developer, feels six years fulfills that
requirement. If an extension is not granted, the developer could reapply, and their current approved plans, if resubmitted, should meet current subdivision regulations. The Board would then be forced to approve it and a reasonable amount of time would be three to five years; they would get what they want but it would ultimately cause more work and time for the Town in the long run.
· The developer has agreed to make off-site traffic improvements at the Sewall/Rte. 140 intersection. When the Planning Board tried to do so in another decision, it was appealed by the developer and upheld by the court since the Planning Board had no authority to require such improvements. The question is: would new bylaws support traffic improvement requirements in a new plan; if not, could they be lost if the developer reapplies. Dr. Baker believes a little bit of flexibility might be called for; the Planning Board would like feedback from
other boards.
· Jim Stanton inquired whether, if an extension is granted, they can be forced to improve an existing site, at least cosmetically. Richard Baker presumes they could add it as a condition of granting the extension.
· Roger Deal inquired as to where the commitment to repair the road comes in. Mark Bertonassi said he met with the builder today; he suggested to him when he applies for an extension he guarantee the water line is installed in order for the Planning Board to grant the extension. Then the Planning Board could wait until December 2010 to grant the extension. Roger questioned where the money would come from for the water line and repairs.
· Stephen Madaus said there are two issues: extension and proposal to modify approval. He doesn’t think you can condition the extension. They need to modify the existing agreement, and then be concerned about conditioning the extension.
· Ken Sydow asked whether, if the developer had items done beforehand, could the Planning Board then consider the approval.
· Roger asked what the risk is if they don’t meet the conditions and they go into default. Steve Madaus said a new condition could be a requirement of a new surety.
· Dr. Baker said the paving of South Sewall Street would be an issue separate from the subdivision.
· Ken asked Steve if there was a requirement, under current approval, for them to pave the road. He doesn’t believe so. We’d need them to volunteer to do it and/or negotiate what portion they’ll pay and what portion we’ll pay.
· Roger: there should be a guarantee that someone completes the road in a timely fashion. Roger doesn’t feel that even with a road-opening application the developer will be able to secure a bond with the condition they’re in.
· Don Parker (Highway Superintendent) said the Conservation Commission has serious issues with the developer. One of the big problems is that they have uncovered 19 acres of land. They were told to cover all back up except three acres.
· Dennis Costello said we’ve all had issues with them; the Earth Removal Board stepped in to shut down their gravel removal process. The Board of Health stepped in to shut down the wells on the property. He can’t say they can’t have wells, but he needs to review it as the process goes.
· Roger said committees and boards should meet to coordinate their concerns. Jim said Nancy is doing that.
· Richard Baker said the Planning Board is open to constructive suggestions. He, personally, doesn’t feel that doing nothing will guarantee any work will be done.
· Don Parker feels Town Counsel needs to be present to advise on suggestions. Nancy takes down comments but he feels it would be better to have someone that would have knowledge.
· Bonnie Johnson: the Water Department had a meeting scheduled, then they (the developer) failed to show up and, yet, they’re meeting with the Building Inspector, acting cooperative and meeting with other boards. They’re playing games. The Town needs to take a stand to let them know we’re not going to allow this. Bonnie said that, personally, she wants to see the road paved. It’s the worst road in Town and it shouldn’t be left as it is for several years.
· Ken Sydow said an example of Board of Selectmen interaction is when they wanted a road opening; they were told all boards need to sign off before receiving approval from Selectmen.
· Roger wants to be sure “timeliness” is defined.
· Dr. Baker said hypothetically, if Don Parker could repave next spring, is there a legal mechanism to tell the developer if the water line is not in by then, they can’t get a road opening for ten years? Atty. Madaus said the Town has to adopt a policy and it needs to be in place and applied town-wide, not specifically to the developer.
· Roger said if surety is denied, we’ll have a strong indication of their status. Short of that, requirement, we’re wasting our time.
· Jeff Walsh (Conservation Commission) said the developer has been before the Conservation Commission for nine to ten months now. They are going in circles; delays are primarily due to the applicant not being timely and getting their info together. An enforcement order was issued; they removed sediment from the wetland in a timely fashion. The process is ongoing.
School Superintendent, Brian McDermott:
· Brian passed out school building project leaflet.
· The Regional District can borrow the remaining money to finish the schematic design, then use $250K to pay back the reimbursed money. He is requesting that his authority to spend be raised to $500K. If the Board doesn’t agree, they can insist it go to Town Meeting. The Board has already agreed at last meeting; Town Meeting is not necessary.
· Regarding the new school: the Building Committee decided to put the building on the East side (right of the school). This way they can also fit in more fields.
· A September 22 visioning session will be held; people are welcome to attend and provide input for the building design.
· He would like to provide a detailed schematic design to MSBA at their meeting the end of January 2010 then they have 120 days from that time to present at Town Meeting.
· The Regional Agreement needs to be modified to include the 6th grade.
· Jim asked if they approve it in January, could it be handled at the Annual Town Meeting. Brian said yes, but it has been suggested to have a separate Special Town Meeting. Jim asked if he had any idea of the cost at this time? Brian said they have been working hard to keep it under $40M total cost. This includes the total amount of athletic fields, which are only reimbursed at eight percent. Once the proposal goes to MSBA, criteria should increase the reimbursement rate to 53-54%. They should have a design by end-December. MSBA now is also reconsidering reimbursing for demo and hazardous
waste removal. The plans do not impede primary watershed zone and removing septic system.
· Ken: As a taxpayer making a decision on a brand new building and the inclusion of the 6th grade, it encourages me to support an increase in my taxes. Also consider design for community use (track, lab, etc.)
· Rudy Lambracht of the Parks Dept asked who owns the land behind the school. Brian said the DCR owns most of it. Rudy asked if we could do a land swap for the wetlands behind it. Brian said the DCR was willing to think about swapping, but it is an incredibly difficult and complicated process. It would take five to six years to pull it off. He wouldn’t want to hold up this plan but it is a possibility in the future.
At 8:15 PM, on a motion by Selectman Ken Sydow and seconded by Roger Deal the following roll call vote was recorded to go into Executive Session under MGLc. 39 §23b ¶2. James Stanton – yes; Roger Deal – yes; Ken Sydow – yes. The Board agreed they would reconvene only to adjourn.
At 8:47 PM Selectman Roger Deal motioned to adjourn Executive Session and reconvene only to adjourn: Ken Sydow seconded; roll call vote recorded as follows: Roger Deal – yes; Jim Stanton – yes; Ken Sydow – yes.
Meeting adjourned at 8:47 PM.
Respectfully Submitted,
Lori Esposito
Administrative Assistant
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