Date of Meeting: Monday, November 16, 2009
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 9:30 PM
Members Present: Chairman James Stanton, Ken Sydow, Roger Deal
Others Present: Nancy Puff, Town Administrator; Stephen Madaus, Town Counsel; Lori Esposito, Administrative Assistant; others as noted on sign-in sheet.
Financial warrants signed in approval.
Report of the Town Administrator to the Board of Selectmen:
· H1N1 Flu Clinic: The Board of Health is holding a vaccination clinic this evening from 4-7PM at the Municipal Office Building for residents who are pregnant and children ages 6months to 6 years of age. A limited supply will also be administered to town public safety officials.
· Compass Pointe Road Opening Permit:
o Graves Engineering has recommended a bond amount of $156,480 for installation of the water main on Sewall Street.
o The applicant has also made an agreement with the Water District.
o The Planning Board recommends the Road Opening permit be dependent upon the applicant filing a performance bond that guarantees the work will be completed in a timely manner. Additionally, the Board should confirm that Graves Engineering will be engaged by the Planning Board, funded through their 53G account, to inspect work as it proceeds. The bond holder should be subject to Town Counsel’s approval.
Town Counsel Madaus provided a letter tonight in response to Chairman Stanton’s question at last meeting. Mr. Stanton feels it does not answer his question and he is not prepared to decide on a hearing tonight without counsel’s opinion. Mr. Stanton wants an answer to be sure the applicant cannot be held responsible for repaving the road on their own after installation of the water line.
Mrs. Colbert Puff pointed out the Graves Engineering letter that indicates they reviewed the subdivision plan and noted the applicant is responsible for a 1-foot expansion on each side of the road.
Ken Sydow recalls that when this case went to court, repaving the road was a condition of approval that was not included in the final concession offer. The issue now is to do the right thing with the road. Jim Stanton said he’s beginning to feel that we’re going to subsidize the developer on this project. Roger Deal agrees, but at this point the road needs to be taken care of. Counsel Madaus noted it is the Town’s obligation to maintain a public way, not the developer’s. Mr. Stanton said the developer should be responsible for repaving surface they disrupt. Theoretically, they can put one foot on each side of the road, then patch in the middle. Ken Sydow said yes, if that’s what’s in the court decision, we cannot hold them to anything
more.
Nancy Colbert Puff said the engineer’s recommended bond amount will cover repaving over the entire width of the road for the section where the line is being installed, in case it is necessary. Roger Deal said we clearly have no formal agreement or decision for them to pave the entire road.
Police Chief Sahagian: Monthly report to the Board.
· Previous month’s events summarized, including D.A.R.E. Halloween Party.
· Upcoming events include 11/19 MA Chiefs of Police Meeting, 11/20 Officer Bazydlo having surgery (non-IOD).
· Chief Sahagian received a call last week from Mr. Venincasa, asking to close the road during the water line project. The Chief told him the road would remain open, they are to close only one lane at a time, and two detail officers will be required.
· POP Warner football super bowl this weekend; police dept. will monitor traffic, unless POP Warner opts to pay for a detail officer.
Fire Chief Flanagan: Monthly report to the Board.
· Received a new application for EMT per-diem employment (Thomas Wilder of Holden). He is available for weekend coverage and any open shifts.
· Ambulance bids have been received; Chief Flanagan provided detail for the 3 bids received.
o Taylor Made Ambulance ($140,053) did not follow several of the bid specs.
o Greenwood Emergency Vehicles ($184,736) specifies a module airbag system in the vehicle that is not in the bid specs. Additionally, this is a new system and Chief Flanagan does not want to have this feature until it’s been proven.
o Specialty Vehicles, Inc. ($179,815). Vehicle meets bid specifications, vehicle warranty coverage superior to Greenwood’s. Boylston has done business with them in the past, has an excellent working relationship with them; Chief Flanagan recommends acceptance of this bid. Motion to approve bid as recommended by Chief was seconded and voted all in favor.
o Chairman Stanton asked what would happen to existing ambulance. Chief Flanagan said he will keep it as a second vehicle, since it’s worth very little money on trade-in. He can justify using it to retain revenue for a second call that would normally be sent out to another town.
· Chief Flanagan addressed the Board regarding an anonymous question from a resident regarding the Fire Department’s staffing levels and operation. During normal staffing hours, 7am-6pm M-F and 8am-5pm Sat/Sun, the crew working at the station will respond with the ambulance for EMS calls. Outside of normal staffing hours, we have 4 revolving EMS groups responding to calls, each with an assigned officer (Dep. Chief Matt Ronn, Group 1, Capt. Don McKenzie, Group 2, Chief Joe Flanagan Group 3, Lt. Jason Bradford, Group 4). The officers respond to all overnight calls for the week their group is on call; they do not receive any compensation for their on-call time or time worked. The Fire Department’s marked pickup truck is what the responding on-call officers use, in
order to have a properly marked/equipped vehicle, and to be in communication with the dispatcher and other responding apparatus. This vehicle is regularly used by Deputy Ronn, Capt. McKenzie, and occasionally by Lt. Bradford (he lives close to the station so it’s easier for him to report directly to the station). Capt. McKenzie lives just over the line in West Boylston, so he takes the vehicle home about one weekend a month when he’s on call.
o Ken Sydow clarified that they are not paid to be on call, only provided a vehicle when on call. He thinks it’s a great practice for safety and cost savings.
o Jim Stanton and Roger Deal agree that this practice is reasonable and they also support it.
· Ken Sydow asked Chief Flanagan to look into costs for portable communications, such as that used in the recent ATV rescue of an injured man in the woods near Rocky Pond.
· Hazardous Materials Emergency Plan (HMEP) MOA was presented for required signature of the Board Chair. Mr. Stanton signed same.
Highway Superintendent Don Parker: Monthly report to the Board.
· Getting equipment ready for winter; doing some road patching.
· Bid out for salt/sand with Shrewsbury Collaborative bid.
Report of the Town Administrator to the Board of Selectmen CONTINUED:
· Gough House Grant: Contract for Mills Whittaker Architects presented to the Board’s consideration. Contract reviewed by Town Counsel.
· Habitat for Humanity: Habitat team would like to use part of the barn at Hillside to store salvaged building materials until construction begins.
· Ethics Reform: New law requires law to be distributed and acknowledged as received by every town employee and volunteer (committee member, board member, etc.) by 12/28/09. It is currently an annual requirement. Mrs. Colbert Puff asked the Board to appoint Town Clerk Sandy Bourassa as Boylston’s municipal liaison to fulfill this role. Additionally, there is an on-line training/test that must be taken.
o Ken Sydow asked what additional workload this would put on the Town Clerk. Nancy said it will add some work, and there’s been some controversy regarding this being an unfunded state mandate.
o Motion to appoint Town Clerk as Boylston’s municipal liaison was seconded and unanimously approved.
Primary Ballot: Board received a request from the Town Clerk to approve the ballot for the State Primary and U.S. Senate election. Ballot was signed in approval.
At 7:40pm, Mr. Sydow motioned to go into Executive Session under M.G.L. Ch. 39, §23B, ¶3 with respect to collective bargaining discussions. The Board agreed they would reconvene in open session. Mr. Deal seconded the motion and the role call vote was recorded as follows: Mr. Sydow-yes, Mr. Deal-yes and Mr. Stanton-yes.
The Board returned to open session at 7:45 pm.
Temporary Sign Requests
· A motion to approve Boylston Lions’ Club request to place signs at 70/140 to advertise annual Christmas tree sale to be held on December 5th and 6th was seconded and voted all in favor.
· A motion to approve Boylston Garden Club’s request to place signs for their annual wreath sale to be held on December 5th was seconded and voted all in favor.
Appointment Policy: Nancy Colbert Puff wanted to formalize the process of recruitment and approval of appointments made by the Selectmen (draft was presented at 11/2/09 meeting). Mrs. Colbert Puff reviewed the proposed policy. Motion to approve the policy with edits was seconded and voted all in favor.
Approval of Minutes: Motion to approve 11/2/09 minutes as presented was seconded and voted all in favor.
HEARING (8:00 pm): Compass Pointe Road Opening Application
Attorney Cheryl Morrill was present to represent the applicant, Michael J. Venincasa, Manager of Compass Pointe Real Estate, LLC. Scott McCubrey (Water District Superintendent) and Don Parker (Highway Superintendent) were also present. The description of the alteration to the public roadway was submitted on the application as “Water main installation. Street widening as shown on plan”.
· Attorney Morrill explained that the water line installation was to begin at the Elementary School and end at Abby Road. Per their agreement, the Water Department will be installing the portion 20 feet prior to and 20 feet after the culvert near the YMCA camp.
· Regarding the requested bond amount of $156,000, Ms. Morrill said Town Administrator Nancy Colbert Puff forwarded the wrong estimates to Graves Engineering, since her client is not repaving the entire roadway. Mrs. Colbert Puff explained she requested an estimate for the full roadway, which is what Ms. Morrill provided to her. Also, there’s a trench to be dug in the roadway and we need to be sure the entire road is covered should there be any collapsing. Ms. Morrill disagrees; $52K is the estimate for the roadwork they plan to do.
· Chairman Stanton asked what work will be done. Ms. Morrill said they will open a trench, put in the water pipe, and cover with cold patch until spring. Then asphalt will be applied, as suggested by Graves Engineering. Her client does not need a road opening permit to scrape the shoulder to install a pipe. Mr. Stanton asked if the road would be reclaimed in its entirety in the spring. Ms. Morrill replied “no, why would we? We’re only putting water in”.
· Don Parker noted the portion of Graves’ letter stating “the reality of the situation is that the Applicant will likely end up disturbing much of the existing paved width of Sewall Street for the water main installation….It is entirely possible that a trench patch could take up as much as half of the road width or more.”
· Jim Stanton asked how they could expand the road by 1 foot on each side and not repave the entire road. Ms. Morrill said they only need to move the shoulder over 1 foot each side and pave that area. It’s not their responsibility to redo the roadway.
· Roger Deal asked if the developer’s commitment of the cost is $52K for the work; Ms. Morrill responded yes. Ken Sydow also verified that the cost to reclaim the entire width of road would be $130K. Roger said if the balance to the town to repave is $78K after developer’s cost, we need to find a way to fund it. Personally, he would like to make the developer do it, but we have no means to enforce that.
· Stephen Madaus reviewed the subdivision plans (recorded and detail sheets), and he could not find any requirements for the developer to repave. Only 1-foot widening each side and water line installation is mandated. However, if the condition of the road is such that the installation of a trench may cause further deterioration, the applicant would be required to repair the resulting damage to the road. That’s why our estimate is significantly higher than the developer’s estimate, and the security bond required would be $156K (cost estimate plus 20%).
· Scott McCubrey estimates it would take a 5-foot wide trench to install the required water lines.
· Ken Sydow noted the developer could be paying 1/3 of total paving cost, while town would pay 2/3of cost. Potentially, if road collapses when dug up, will the applicant repair it? Ms. Morrill replied yes. They would have to bond about 20% more than the $52K estimate, but certainly 200% over is not necessary.
· Ken asked Mr. McCubrey his thoughts on behalf of the Water Dept. Mr. McCubrey estimates the department’s cost to be $35-40K worth of pipe, and they will need to have a special meeting to appropriate the money. Stephen Madaus asked if the Water District is requiring a performance bond from the applicant. Mr. McCubury said no, the District is expecting the road opening permit bond to cover their work. Attorney Madaus explained it would not cover any of the District’s supplies or labor, just the pavement work. Mr. Sydow asked Mr. McCubrey how the Water District would be protected; he replied that he now understands they would need to require a bond. Ms. Morrill said they are not going to bond twice. Mr. Madaus explained that may be the
only way to do it, since there are two separate entities and two separate interests involved.
· Don Parker commented if they were to dig an 8-foot trench at the top of the roadway, plus a 2-foot widening, it makes no sense how they’d be able to just patch it. As a taxpayer, he’s opposed to paying for a road that the developer destroyed with their trucks.
· Roger Deal asked if there was a way we could legally impose completion of the full roadway. Stephen Madaus said it cannot be done with the road opening permit; it would have to be established at the time of the subdivision approval. Mr. Deal said that he would just like to move ahead with a decision then, without all of the procrastination and to avoid further court action. If the Planning Board approved the plan, we cannot impose further regulations. Mr. Madaus agrees the Board of Selectmen may impose reasonable conditions, but he does not find any requirement for the developer to pave the entire road. The Board could, for example, specify how/when the trench is backfilled, require an inspection schedule, etc.
· Ms. Morrill asked Don Parker if he had to repave the road, would he start in April or now? Don replied in April. Ms. Morrill suggests that in April, if the Planning Board would agree to remove some requirements in the subdivision, such as sidewalks, etc., that totaled around $78K, it’s possible the developer could pay for the full repaving of the road. Mr. Deal is concerned about an agreement that is prolonged until April.
· Mr. Stanton suggested we could continue the road opening hearing until the spring, for the widening of the road. Ms. Morrill said she does not need a road opening permit for widening the road; that’s the easy part. She “could get a bulldozer and push the road over – I’m not opening the road for that”. She only needs a road opening permit for the water line installation. Ms. Morrill said if the applicant chooses, they could just get an amendment from the Planning Board for the subdivision approval, install wells and be done. Then they won’t be obligated to install water lines at all or obtain a road opening permit.
· Scott McCubrey said in his opinion, if they install water line, the best they can do this winter is to cold patch it. He recommends getting the water line done.
· James Goulet (357 Sewall St) said it is not fair to dig the street up now, and then do it again in the spring. Would like to just do it once and get the aggravation over with.
· Theresa Prunier (Water District) asked if there was ever any money allocated to repave Sewall Street prior to the subdivision being put in. Don Parker said no. 90% of the paving is funded from Chapter 90 funds.
· Steve Lindquist (18 Long Leaf Rd) asked how big of a trench the applicant is proposing to dig. Ms. Morrill responded about 4 feet (including the shoulder).
· Pam Moore (299 Sewall St) asked where the applicant plans on installing the line on the corner before the school (near 10 Sewall Street) at the tie-in, where there is already a steep shoulder and the road is difficult to pass. Ms. Morrill said it’s indicated on the plans.
· Peter Thomas (17 Long Leaf Rd) asked if any Selectmen or legal counsel have received a clearly defined plan with the 4-foot delineation of where the trenches will be located. Mr. Thomas feels any vote should be contingent on those definitive plans. The Board does not have any such plans.
· Ken Sydow agreed that a plan to show where the water line would be installed relative to the existing pavement and poles would be helpful. Also, the bond amount for the full recommendation is only if the road collapses. The project should have definitive timelines, including an outside completion date. Town Counsel will work with the Board to establish reasonable conditions for the road opening permit. Mr. Sydow thinks everyone agrees the water line should be installed, the road can be improved and the developer can continue work in the subdivision.
· Ms. Morrill says the biggest issue is the amount of the bond. The developer is not willing to go so high. Mr. Sydow said he feels the bond cost difference between the two amounts is not that great. Also, the bond will only be acted upon of the work is not completed.
· Mr. Sydow reiterated that the following would need to be provided before he would make a final consideration on the permit:
o A certified engineering plan showing water line installation in relation to existing pavement
o Width, depth, and filling material of trench
o Timing and schedule with outside completion date for town to pull bond amount
o Water District bond in place
o Town Counsel to outline reasonable conditions for the permit
· Ms. Morrill said she also wants to ask the Police Chief about closing the roadway during the work. The Board explained that the Chief stated earlier in the evening he would not close the road, only one lane.
· The Board was in agreement that the applicant needed to provide the required information in advance of the next meeting. Mr. Stanton asked Ms. Morrill how long she would need to gather the information; her response was “twenty minutes”. The Board will send a follow up letter confirming all of the required information for the hearing continuation.
· Nancy Colbert Puff wanted to clarify that the amount of the bond ($156K) is what was suggested by a professional engineer. She can ask them again if a lesser amount is sufficient, but is not sure their opinion will change.
· Ms. Morrill told Town Counsel Madaus that she knows he prefers a tri-party agreement, but they won’t agree to 200% of the work estimate. Mr. Madaus said he never stated a preference of security, that is the applicant’s choice.
Motion to continue hearing to 8:15pm on Monday, November 30, 2009 was seconded and voted all in favor.
Meeting adjourned at 9:24 PM.
Respectfully Submitted,
Lori Esposito
Administrative Assistant
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