Date of Meeting: Monday, November 30, 2009
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 9:57 PM
Members Present: Chairman James Stanton, Roger Deal, Ken Sydow (arrived 7:55pm)
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.
Licenses for 2010: Renewed licenses signed in approval; hold common victualer licenses pending BOH Agent inspections/approval. Automobile licenses pending Sgt. Donahue inspection/approval.
Pre-Hearing Discussion re: Road Opening Permit: Jim Stanton asked Town Administrator if plan showing water line in relation to pavement was received since last meeting. Mrs. Colbert Puff replied no, that detail was not included on the plan received last week; they showed utility poles but not existing pavement located in the right of way. Graves Engineering recommended the developer survey the road and submit those plans before beginning any work. Mr. Stanton asked Mrs. Colbert Puff how they can have the hearing tonight without that detail and asked if she would recommend approving a road opening permit that does not have a completed plan. She replied that she cannot answer that.
Finance Committee: FY 2011 budget discussion. All Finance Committee members present: Chair Eric Brose, Herb Cronin, Karen McGahie, Tim Houlihan, Steve Dorval.
Nancy Colbert Puff prepared and presented preliminary revenue estimates and recommendations:
· $282,545 in “new” revenue projected
· Estimated fixed cost increases are health insurance (10%) and property/casualty and worker’s comp. (11%), for a total estimated increase of $95,673. This figure represents 34% of projected new revenue.
· Recommends no increase in salary or expenses for municipal budgets, in addition to any possible expense cuts.
· Net state Cherry Sheet revenue reimbursement is projected to be about $35K less; Quinn bill funding eliminated; school aid level funded.
· Local receipts down approximately $48K
Jim Stanton asked about YTD numbers. Mrs. Colbert Puff does not have yet; Mr. Stanton asked her to get them.
Eric Brose asked for confirmation that Mrs. Colbert Puff recommends no increase in salaries. Jim Stanton said that’s not what he heard; what she is saying is that people should plan for that, make whatever reductions possible in expenses, then we’ll see where we’re at and if there is any possibility for salary increases with whatever money we have. Mr. Stanton further explained that last year, the school department’s budgets were balanced due to municipal cuts. This year, the first round of budget requests should not include salary increase, but expense cuts if possible. We would expect the schools to follow the same process to attempt to cut expenses as much as possible.
Herb Cronin said the Revenue Study Committee’s report showed the municipal side to be pretty efficient, and salaries on the municipal side don’t account for much money when increased. Eric Brose noted there isn’t much more to cut on the municipal side, since it was done last year. The free cash money is there, but that’s not a solution to balancing the operating budget. Tim Houlihan said no one in private industry is getting raises this year either.
The Finance Committee was in agreement that Nancy Colbert Puff would draft the letter to the departments along with their budget sheets to be completed. The Finance Committee has decided on a deadline of January 12th and has created a schedule of meetings with departments; they recommend a deadline of early January for budgets to be returned. If the Town Administrator wants to do a first pass before the end of December that would be ok too. After that, the Finance Committee will meet with departments and review the budgets as they have in the past. They will also attend school committee meetings to be represented as well.
Roger Deal said that every year, we never seem to maintain our alliance with the budget. Let’s decide and maintain. Jim Stanton said he would anticipate we would be able to do some salary increase for municipal employees, but not sure how much. We’ll first need to see what the expense side of the budget is, then determine how balance is used.
Town Administrator’s Report:
· Hillside Gym/Basement HVAC Getting three proposals from engineering firms. Meanwhile, will be submitting a grant for replacement boiler (next item).
· ARRA Energy Efficiency and Conservation Block Grant (EECBG) Mrs. Colbert Puff would like to submit a grant application for the above HVAC project, as well as remaining window replacements and lighting upgrades in Municipal Office Building (maximum request allowed is $150K). Grant is limited to municipal buildings, and does not require matching funds. Needs Board vote to authorize the grant submittal which is due December 7th. Motion to authorize Town Administrator to apply for EECBG grant was seconded, voted all in favor.
· Wachusett Regional Recycling Program First collection scheduled for 12/5, 9am-1pm. Regular, weekly openings expected for 2011.
· Jameson’s Ridge / Linden St. Foreclosed, now bank-owned. Bank is considering working with Sudbury Valley Trustees (SVT) to preserve conservation land.
· Applicant Advisory Committee Applicant Advisory Committee had first session with prospective tenant of 144 Shrewsbury St (Mike’s Vending and Party Rentals). Applicant expects to begin the permitting process in January; will offer continued support as needed.
· Boylston Business Marketing Committee Proposal The Committee submitted a cost estimate for exploration of gravel at Hillside, as requested by the Board. Cost is estimated to be $1200. Motion to approve cost, not to exceed $1200, seconded and voted all in favor.
· Route 140 Corridor Study Progress Mrs. Colbert Puff expects to receive preliminary reports from our consulting team within the next few days; plan is to hold follow up meeting second week in January. Zoning is particularly restrictive; flexible business overlay allows a lot to happen. Sewage is the primary restriction, they’re providing cost estimates to see if we’d benefit from the investment. Mr. Stanton asked if we had a sewage treatment district, does allow same exposure to 40B development? Nancy is not sure. Also, would we be required to expand the sewage service beyond the district for a 40B project? Nancy will find out. Roger Deal asked Herb Cronin how Business Marketing Committee is coming along.
Mr. Cronin said they are just getting back into it, but are ready to go full force.
· MCJTC: Mrs. Colbert Puff received a call from the State re: opening up the lease agreement for upstairs and reducing the rent. The Selectmen made it clear they are not interested in opening the agreement.
7:45PM: RECESS
Meeting reconvened:
8:15PM: Hearing Continuation: Compass Pointe Road Opening Permit Attorney Cheryl Morrill was present to represent applicant Michael Venincasa.
Jim Stanton reviewed list of information that was to be received by applicant, as defined in last meeting. Letter was sent to applicant and Attorney Morrill on November 17, 2009.
· Mr. Stanton noted that the plan submitted does not include the existing pavement width/placement. Ms. Morrill says it does show the width, which is variable. Also, not sure that it’s relevant. Mr. Stanton said it’s relevant due to the proposed location of the water line in existing roadway. Ms. Morrill said the water line going in is almost completely not touching the existing pavement. Mr. Stanton asked Mrs. Colbert Puff her opinion; she said the pavement placement could be determined by the line indicating start of existing pavement. In the Graves Engineering letter, they recommend (in paragraph 3) that the shoulder width be confirmed prior to construction.
· Chairman Stanton asked if Don Parker saw this plan. He did, and agrees there’s no clear indication of where the water line will go; also not sure if it’s know where the corners of all the lots are. Ms. Morrill said they will have to do that anyway, and mark the ground which is standard practice. She’s not sure it could be amended in the plan. Ken Sydow said we could add that as a condition of the permit.
· Roger Deal asked Town Counsel Madaus if he saw Attorney Morrill’s reply letter, and his comments. He did see it, and also discussed it with Ms. Morrill. She indicated that the utility pole work would be done by the light department. Don Parker said he spoke with Gary Harrington (Light Dept. Supt.) about it, and he said they would not relocate any poles until the lot lines have been defined.
· Ken Sydow noted that in Ms. Morrill’s letter, the applicant proposed an offer to reclaim the entire roadway (excluding 40’ culvert section) where water line work is being done. He asked Mr. Parker if that would be an improvement for this winter, and better than the previously proposed cold patch. Mr. Parker replied yes.
· Mrs. Colbert Puff summarized where the hearing left off on November 16th and what updates have been received to date. In that timeframe, Atty. Morrill has offered a binder coat of the entire width of roadway after the water line is installed, for the length of the road from the Elementary School to Abby Road. Then the Town would need to do a top coat in the spring. Nancy’s concern is the timing of construction and quality of work, to be sure weather permits work to be done properly. Also, Graves Engineering revised their opinion of bond amount to $97,500; also noted sidewalk work is included in subdivision plan, which would require an additional $10K in bond amount. Graves also warns against doing work in freezing conditions, but work does proceed
in this weather on a fairly regular basis.
· Ken Sydow asked if the binder coat is done in the winter, then settling will be allowed before spring, which may be advantageous before a top coat.
· Don Parker said in his discussion with the Light Dept, the water line is to be installed on the pavement side of the utility poles; the pavement goes up to the poles.
· Cheryl Morrill said they can only add binder coat if the roadway is closed. The estimated construction time is two weeks for the shoulder, plus another week; if the road is open, it will take forever. Jim Stanton asked if the pipe is not being installed in the roadway as Ms. Morrill indicates, then why close the road? Ms. Morrill said because the equipment needs to be sideways across the road to open the trench. The equipment is almost 16feet wide, the roadway is 18ft. variable width, so it’s not safe to keep it open. Their offer is contingent upon the road being closed, since it’s $20K of extra work, and they’d need to start immediately.
· Jim Stanton asked what would happen with the permit if the weather is not appropriate. Ms. Morrill said they would do the water line and widening in the spring, but not the binder coat. Stephen Madaus noted that if the completion date arrives and the work is not completed to specifications, the town can act on the bond. Ken Sydow reiterated that the developer would not do the binder coat is the weather did not allow completion in the winter? Then the work would continue in spring, but no binder coat? Attorney Morrill conceded that they will do the binder, even if the work continues to the spring.
· Nancy Colbert Puff said that regarding sidewalks, when the plans were recorded, only the first 7 sheets of 25 were recorded . The plan set includes sidewalks from front of school to subdivision, which is what Graves Engineering referenced to be included in the bond. Attorney Morrill said the agreement in Superior Court did not include sidewalks in front of school. It included a walkway from the interior of the subdivision to the back of the school, since that would have been safer. Their offer to do binder coat is exclusive of sidewalks, they do not agree to add sidewalks. Jim Stanton asked if only 7 pages are recorded, does that mean the balance of the pages are not enforceable? Atty. Madaus said no. The Planning Board approved a plan including all
pages, so all requirements on those pages are enforceable. Nancy noted that sidewalks were shown on page 25. Roger Deal said sidewalks are a Planning Board issue, not Selectmen. Atty. Madaus agreed, noting the applicant would have to come back for a road opening permit for the sidewalks.
· Paul Dexter (Foxtail Way) said the pavement is getting more narrow, due to lost pavement on edges. He urges the Board to require very specific description of what they’d like to see.
· Bonnie Johnson (Sewall St.) asked if the angle of the road near Abby Road will be fixed when repaved. Ms. Morrill said they will not be changing the existing grade of the roadway.
· Keith Morahey (204 Edgebrook) proposes the Board approve this and let the developer make an improvement to the road, which is better than it is now. If they need to close the road, let them do it and get it done.
· Renee Meuller (Foxtail Way) is gravely concerned that if sidewalks are shown, they should be required to put them in. Also there have been too many patches, and the road needs to be fixed. Mr. Stanton said we don’t have authority over the sidewalks, that’s a Planning Board issue. Ms. Morrill said the developer is already spending an additional $20K on neglected public way, when it’s not their obligation to do so.
· Jim Stanon asked Don Parker standard road width. He replied a minimum of 20 feet. Ms. Morrill said they will widen in front of the subdivision as obligated, but the balance of the road will be 18 feet. Stephen Madaus noted he would prefer to have the detailed requirements of the binder coat on the plan. Nancy Colbert Puff said the Planning Board subdivision approval does not specify width of the roadway. We are specifying widening in front of subdivision, and binder coat on existing road as it is.
· Ken Sydow reviewed recommendations of conditions, as well as Graves Engineering notes:
o Binder to be 2 ½ inches (Town Counsel recommends defining on plan)
o Minimum road width 18 feet; 20 feet in front of subdivision.
o Plan re: location of water line to be marked on ground for review and acceptance of Graves Engineering and Highway Dept.
o Developer to complete binder coat in spring if weather interrupts work.
· Nancy also noted further conditions as defined in the road opening permit, and the following specifics:
o Security bond in amount of $97,500
o If work not completed by May 15, 2010, the Town may act on security.
o Certificate of liability from contractor in amount of $300K, with umbrella of $1M
o Top coat is not responsibility of applicant.
o Road will close during work
Motion to approve with conditions was seconded and voted all in favor.
Nancy Colbert Puff to create permit with all conditions; release of permit dependent upon bond and certificate of liability being received.
Tower Hill Botanical Gardens: Manager John Trexler in re: ABCC license violations during recent construction. The loation of the café was moved downstairs, which was discovered by Building Inspector last week. ABCC advised that the Local Licensing Authority (Selectmen) have licensee at a public meeting to advise they cannot serve alcohol in an area not defined on the ABCC license.
Mr. Stanton explained to Mr. Trexler that no alcohol can be served in lower level café; he understood and will comply. They will not apply for an alteration of premise, since it’s a temporary relocation. They will wait until the café returns to its original location.
Additionally, the description of the upstairs premise changed, due to entrances and exits being moved. The Board agreed that once the Building Inspector and Fire Chief find exits acceptable and sign off on the inspection certificate, they are ok with it. Meanwhile, if having a function before sign off, Mr. Trexler must contact the Fire Chief to see if he requires a detail officer. Mr. Trexler agreed.
Meeting adjourned at 9:57 PM.
Respectfully Submitted,
Lori Esposito
Administrative Assistant
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