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Board of Selectmen Minutes 06/01/2010
Date of Meeting:        Monday, June 1, 2010
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM – 8:00 PM
Members Present:        Chairman James Stanton; Roger Deal; Ken Sydow
Others Present: Stephen Madaus, Town Counsel; Nancy Colbert Puff, Town Administrator; Lori Esposito, Administrative Assistant; others as listed on the attached sign-in sheet

Financial Warrant Signed in approval.

Motion made to approve minutes of 3/29/10, 4/5/10, 4/20/10, 4/23/10, 4/26/10, 5/10/10; motion seconded, voted all in favor.

Board Reorganization:  Kenneth Sydow made a motion to nominate James B. Stanton as Chairman.  Roger Deal made a motion o nominate Kenneth Sydow as Vice-Chairman.  Kenneth Sydow made a motion to nominate Roger Deal as Clerk.  All motions seconded and voted all in favor.
Report of the Town Administrator to the Board of Selectmen:
·       Treasurer/Collector Search:  Two candidates for the position have been interviewed; additional interviews will be conducted on June 7.
·       Sewall Street Bond Reduction:  Request received from Attorney Cheryl Morrill and a recommendation from Graves Engineering.  Highway Superintendent Parker suggests a twenty (20) percent bond reduction.
·       Regional Dispatch Grant:  Rutland has requested our continued participation in their pursuit of expansion of their regional emergency communication center.  They are applying for the next round of grant funding from the State and need a letter attesting to our support.  There is no financial commitment at this time.  Town Administrator requested permission from the Board to send a letter in support of Rutland.  Board granted permission to send letter.
·       National Historic Landmark Extension Request:  
o       The Board of Selectmen received a request in March from Robert Haynes [Historic District Commission] regarding his petition to extend the Landmark Designation of the Gough House to the barn and carriage house.  Presented the existing preservation restriction (including a map) encompassing both outbuildings, exempting only “the 20th century portion of the barn building closest to Town Hall Municipal Building (page 3 of restriction).”
o       The Massachusetts Historical Commission (MHC) already retains project review authority under the existing preservation restriction.  Since MHC also reviews projects for compliance with federal regulations, extension of landmark status to the outbuildings does not result in additional regulatory burden for the Town – in the hierarchy of types of protection available to historic properties, a preservation restriction is typically considered to offer the highest degree of protection/regulation.
o       The Town Administrator spoke with Patricia Henry of the National Park Service, who informed her that the NPS Advisory Board will likely be scheduled to review the nomination in the fall and at that time we will receive an additional request to comment in writing.
o       Ken Sydow said the restrictions already in place are immense; this additional designation doesn’t seem it would affect anything.  Nancy Puff said she looked into existing preservation restriction on all three buildings; this landmark inclusion would be secondary to the preservation restriction. Mr. Sydow said it doesn’t help us and it doesn’t hurt us, so, if Mr. Haynes wishes it, give them what they need.
o       Jim Stanton asked what does it do to the clock if we decide to develop the land?  Is there any benefit to the designation?
o       Nancy Puff said it is necessary to be in place for certain grants.  This makes the barn and carriage house eligible for grants.
o       The Board is in agreement for the Town Administrator to send the necessary letter.
·       Flagg House RFP:  The original RFP for the Flagg House property was presented.   Areas for the Board’s review have been highlighted,-  specifically, whether we are seeking to issue the RFP under the same criteria.  
·       Verizon Cell Tower Lease:  Verizon would like to meet to discuss the possibility of moving the tower location on both sites (landfill and Town House) to avoid the need for environmental testing prior to executing the leases.  They can’t dig holes in the landfill cap and would like to move the location to the parcel next to it.  The Town Administrator discussed it with Town Counsel and he determined a new parcel would need a new Town Meeting vote.  Ken Sydow said the Board should walk the site; he would like to keep it on the proposed site.  Nancy Puff said she will invite them to a site meeting.
·       Agricultural Preservation Restriction (APR) Application:   In order to support George Stowe’s request for an APR on his property, the Town must submit an application to the State.    The Town Administrator has completed the application, committing the Town to the “implementation of a tracking system to prevent issuance of local permits for unauthorized construction on protected farmland,” which can be achieved as the digitized parcel maps are developed.  Also, since the Town is already doing GIS mapping, it would be desirable to link permit information to sites as well.  The Board signed the application.
·       Memorial Day:  
o       Joe Larkin again requested the Board fund the cost of mailing ($382.20) of the Memorial Day flyer from its budget.  The Board did fund it last year.  Jim Stanton said a letter should be sent to Joe congratulating him on the success of the event and also a second letter should be sent explaining that all future expenditures are to be approved in advance by the Town Administrator.  He cannot exceed any expenses approved.
o       Ken Sydow received a call regarding flag markers.  Some were touching the ground and approximately 40 graves were left without a flag.  The Board requested the Town Administrator look into the matter to be sure it is done properly in the future.

Library Trustees:  Present:  Brad Barker; Sue Therriault; Rich Reardon and Gene Therriault.
·       Mr. Barker presented an interior renovation and remodeling overview of the existing library.  No additional space is to be added.
·       It is currently not handicap accessible.
·       There are maintenance issues (it has not been kept up due to anticipated new building).
·       It is necessary to bring it up to current building code.
·       They want to prepare for current technology (electric capacity, etc.)  The focus will be on resources currently being used (children’s materials, fiction, AV materials, etc.).
·       If research is necessary or technology needed, residents can use Shrewsbury, Northborough, Worcester libraries, etc.
·       The total cost of $1.8 M (in 2009) dollars is based on the architect’s plan.
·       Currently in Phase I (private ($300K) and Town Meeting Article funded).  There is $17K left from a 2007 warrant article.
·       In 2011 the plan is to submit a Warrant Article for funds to cover “infrastructure” services.  Jim Stanton requested an estimate – is it a half million; one million?  Brad said it would be closer to $1M, he would guess.  Jim said the Municipal Office Building has needed many infrastructure services (HVAC, windows, etc.) and a little has been done each year.  Have they thought of doing that?  Brad said they wanted to come to the Town just once to request money, instead of coming back every year.  Also, it would increase costs by up to 20% if major work is spread out over years.  The library would have to be closed/relocated during construction.
·       Sue Therriault said that also, in Phase II, they would need an elevator, staircase, etc.  So many things are dependent upon one another and cannot be done separately.
·       Ken questioned if a possibility might be to relocate at the new school (short-term), if necessary.
·       Phases of the project were explained in detail by Mr. Barker.  The Trustees also presented architectural plans (proposed preliminary floor plans).  They reviewed some potential changes to the first floor and the lower level.  The mezzanine is to remain mostly unchanged due to the inability to make it ADA compliant.

7:30 PM Compass Pointe:  Present:  Attorney Morrill
·       The Town Administrator requested approval to release $10K from escrow to pay for the engineer (to be transferred to Planning Board 53G account).   Motion was made and seconded to release the money; voted all in favor.
·       The remaining amount ($87,500) is to be held for one year, per the road opening permit.  
·       The Board asked Graves Engineering for their opinion on an amount to be held and the time to hold it.  They recommended ten to twenty percent, depending upon when the road will be paved.
·       Jim Stanton asked Attorney Morrill when her client’s part of the road will be completed.  She said she had spoken with the contractor and they could start in one to one and a half weeks.  It will take five to seven business days, depending on the weather.  They need to request an extension to the end of June.
·       Roger Deal asked about our timetable. Don Parker, Highway Superintendent, said he is not sure; we have to bid the materials and also have to address other roads and repairs.  He can’t say exactly when they would do the topcoat on Sewall Street.  That is why he suggests 20% retention.   Ten percent to be returned after the topcoat and the additional ten percent to be retained until full winter cycle has passed.  
·       Selectman Ken Sydow made a motion to reduce escrow bond amount, upon completion of binder coat, to 20% of original escrow amount.  10% of original amount will be returned to the applicant upon completion of topcoat or by September 1st, whichever is sooner.  The balance of 10% of original escrow amount is to be held until April 30, 2011, dependent upon final inspection and approval by the Boylston Highway Superintendent and Graves Engineering, per terms of original road opening permit approved 11/30/09.   Motion was seconded and voted all in favor.
·       Town Counsel Stephen Madaus said it is preferable to come in for a bond reduction once the work is completed.  Attorney Morrill said they would still need to provide a request to release the bond, less 20%.  The contractor needs assurance that escrow funds will be available.
·       Jim Stanton said the concession is so that residents can have a paved road in 30 days, since the Highway Superintendent cannot get it done before that time.
·       Stephen Madaus noted that the applicant is currently in default.  Jim Stanton agreed but said residents need a road, so this is a ‘bending’ for the applicant to get the road done as quickly as possible.
·       Upon completion of the road, Attorney Morrill is to submit a letter requesting 80 percent of the repaving bond be released.  This would require the approval of Graves Engineering and the Highway Superintendent.
·       A motion was made to extend the time of the performance bond to June 30, 2010 was made and seconded; voted all in favor.

Motion made to adjourn; motion seconded; voted all in favor.


Meeting adjourned at 7:55 PM.


Respectfully Submitted,

Lori Esposito, Administrative Assistant