Date of Meeting: Monday, May 17, 2010
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 8:20 PM
Members Present: Chairman James Stanton; Roger Deal; Ken Sydow
Others Present: Nancy Colbert Puff, Town Administrator; Lori Esposito, Administrative Assistant; others as listed on the attached sign-in sheet
Financial Warrant Signed in approval.
Boylston Garden Club: Request to place a bench on the Common to be paid for by the Garden Club with grant money and Club funds. Motion made to grant the request; motion seconded and voted all in favor.
Meeting Schedule: Approved as presented for June - September.
Common Victualers License: License approved for Mike’s Vending LLC, operating on Route 140.
Report of the Town Administrator to the Board of Selectmen:
· Treasurer/Collector Search; the position has been advertised on the Massachusetts Municipal Association’s website (ww.mma.org) and the Massachusetts Treasurer and Collector’s Association’s website (http://mcta.virtualtownhall.net). The Town Administrator requests that the of Selectmen approve a prescreening committee consisting of the Town Administrator, the Town Accountant and School Business Manager, John Roy, to begin reviewing candidates.
· CMRPC Housing Grant: Work has begun on the grant-funded project to examine how the towns of Boylston, West Boylston and Sterling might be able to share resources to confront affordable housing needs in the region. Attached is a Boylston resident’s review of the Route 140 Study which advocates for the Town to consider multifamily housing as an economic development tool.
· Bernfeld v. Town of Boylston: Attached is the Court’s decision in this matter in which the Town has prevailed. According to Steven Madaus, Town Counsel: “The Appeals Court accepted both of our main arguments: (1) that factual findings of the ATB were final, and (2) that the ATB did make the required factual and legal rulings.”
· Jameson Ridge/Sudbury Valley Land Trust (SVT): SVT has signed a purchase agreement with the bank on this land and is working to finalize the financing plans for the property.
· Jury Duty/Vacation/MMMA Conference: The Town Administrator announced she had been called for jury duty on May 17, 2010. She would also like to take May 27 and May 28 as vacation time. She would then like to attend the MMMA spring conference in Hyannis on June 3 and 4 at a cost of $165.
The Board of Selectmen agreed to the Town Administrator attending the MMMA spring conference, as well her vacation time and jury duty.
Chambers Economic Development Committee: The Town Administrator met with the chairman of this committee and the Bolton Town Administrator.
Regionalization Report: The Town Administrator just received the report and presented a copy to the Board of Selectmen. This is for 911 services for Rutland, Boylston and West Boylston.
Workshop Meeting: A Workshop Meeting has been scheduled for Friday, June 18, 2010 from 9:00 AM to 1:00 PM.
7:00 PM Report of Police Chief Sahagian to Board of Selectmen:
· Motor vehicle stops are up considerably.
· Vehicle B6 is using a lot of oil and that issue will need to be addressed soon.
· Several area housebreaks in daytime of surrounding towns. Boylston has not had the problem to date.
· Forty complaints were received regarding a group of magazine salespeople recently in Town. (They didn’t leave the property when requested to do so; they were overly aggressive; used profanity and were selling outside of permit times.) The Chief called the leader to come in to discuss with him; he did not come in to the Chief’s office, they left Town soon after. The Chief stated he had never had that number of complaints in the past re: magazine sales.
· The Police Department assisted West Boylston two weeks ago. Three youths from WPI were arrested for housebreaks.
· April 7: Tahanto mock accident attended.
· April 7: Received new cruiser.
· April 13: IT rep attended ICS meeting in Westborough.
· April 22: Infectious Diseases Patrol Officer attended mandated training.
· May 3: Attended DARE graduation at the Elementary School.
· May 31: Memorial Day activities.
· June 6: Tahanto graduation.
At 7:09 PM, on a motion made by Selectman Kenneth Sydow, and seconded by Roger Deal, the following roll call vote was recorded to go into Executive Session under MGL c. 39 §23B ¶6 to consider the purchase, etc., of real property: James Stanton – yes ; Roger Deal – yes; Kenneth Sydow – yes. The Board agreed they would return to open session.
Open session resumed:
7:30 PM Report of Building Inspector to Board of Selectmen:
· The April building permit report is attached.
· Ken Sydow asked if deed research has been done on lots that were toured on April 23 (Town-owned properties). The Building Inspector responded that it had not yet been done; he is working on it. Ken stated he would like to see that completed soon.
7:45 PM Compass Pointe Road Opening: Request for extension of permit deadline. Attorney Cheryl Morrill and Jim Venincasa present.
· Ms. Morrill submitted a written request for an extension to June 4, 2010. (Revised request received May 17; original request letter, dated April 29, requested extension date of June 30.)
· Ms. Morrill stated that another matter to be resolved is regarding the bond agreement stating it will be held for one year. The paving contractor doesn’t want to start unless he’s paid (they will be using bond money to pay him). Ms. Morrill stated they never agreed to a one-year hold on the bond. Jim Stanton disagreed, stating her client signed the permit with its conditions.
· Mr. Stanton said they were welcome to substitute the escrow check with a bond; then they can have the check back to use. Ms. Morrill said the bank won’t issue a bond for that amount for this project. If they can’t rewrite the section regarding the one-year hold, the contractor won’t begin working.
· Jim Stanton reminded Ms. Morrill of her request letter, and said it is not fair to email a revised request at 5:00 PM on the day of the [Selectmen’s] meeting, changing what they were asking for without the opportunity to review the matter with Town Counsel.
· Ken Sydow stated the Board of Selectmen agreed to the road closure so that work could be completed quickly. He said he has no problem with the June 4 extension date; the bond document states return after agreement.
· Ms. Morrill said they would need to further extend the June 4 deadline since the next scheduled Selectmen’s meeting is June 1. They need to work together with applicant to avoid litigation; more than two-thirds of the work is already done. The water line is complete; the road work will take three to five days to complete. It was their understanding that it was amended in the original agreement/condition.
· Nancy Puff said she doesn’t recall a requirement for amendment; she sent several drafts/copies for Ms. Morrill’s review prior to it being signed.
· Roger Deal stated that in his opinion this is ludicrous. The residents of the street are paying the price.
· Jim Stanton said the next meeting is June 1. When the Board of Selectmen has an opportunity to speak with Town Counsel they can review the request then.
· Mr. Ron Gaucher, a Sewall Street resident, said he hasn’t been able to open the windows in the front of his house due to the dust and dirt caused by the road work. Mrs. Gaucher asked why they aren’t controlling the mess; it should be watered down to control the mess, which she described as a disaster. Ms. Morrill responded it’s not her disaster; it’s the Town’s road.
· Mr. Dionis (Sewall Street resident) asked why we are here; what does the bond have to do with finishing the road? Roger explained as Ms. Morrill described earlier.
· Mr. Dionis asked why the money is in escrow. Jim Stanton explained the engineering firm estimates the cost of the bond to be held due to the project. This is a standard procedure to protect the Town.
· Ken Sydow said if a bond were received, it would be a different situation. What options are available for a lesser amount of money due to the road being over one half completed. How long will it take to check on that possibility? Jim Stanton said he will talk to Town Counsel and Graves Engineering and if necessary, will schedule another meeting before June 1.
· Ms. Morrill said part of the $97K figure included the water line, which has already been completed and inspected by the Water Dept. and Graves Engineering.
· A discussion was held with Nancy Puff regarding the Graves Engineering invoices/balance due for consultation and inspection work on this project. Ms. Morrill said her client gave a check to the town for $5K intended for this project, but the money was deposited into Conservation Commission’s 53G account rather than Planning Board 53G account. Ms. Morrill said the Con Comm. asked for a $5K deposit to their account but her client never agreed to $5K. They will deal with that at tomorrow’s meeting with the Con Comm.
· Mr. Gaucher asked if they could get an agreement that dust in the road will be watered down, since there are only four houses being affected. Jim Venincasa said they can put calcium down to control the dust; he will have that done tomorrow. Ms. Morrill said the dust he’s speaking of is not from the subdivision since it’s a Town road, and the Board of Selectmen needs to speak with the Highway Superintendent.
· Jim Stanton restated points of the meeting:
o Jim Venincasa is to put down calcium;
o Cheryl Morrill is to find payments for Graves invoices and alternatives to a reduced bond/escrow amount;
o The Board of Selectmen will review proposed reduced amount with the engineer;
o The Board will review with Town Counsel;
o The Board will schedule a special meeting if necessary, possibly at the end of this week.
· Ms. Morrill said the contractor wants to be sure escrow money is available in case he doesn’t get paid.
Motion made to adjourn; motion seconded; voted All in Favor.
Meeting adjourned at 8:20 PM.
Respectfully Submitted,
Lori Esposito, Administrative Assistant
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