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Board of Selectmen Minutes 09/23/2013
Date of Meeting:        Monday, September 23, 2013
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM – 9:00 PM
Members Present:        Chairman James Wood, Matthew Mecum; Michael May; Martin McNamara, Town Administrator, Brian Falk, Town Counsel; Lori Esposito, Administrative Assistant (Others as listed on attached sheet.)

No financial warrants.

The meeting commenced at 6:30 PM.

Report of the Town Administrator to the Board of Selectmen:

599 Main Street Septic System:  The leach field has been dug and two tanks have been installed.  The leach field piping and the other two tanks should be finished this week.  The company hopes to have the project completed by the end of the week.

599 Main Street Paving:   Bids were opened on Monday, September 16.  Four bids were submitted.  The low bidder was Aggregate Industries of Saugus, Massachusetts with a bid of $99,759.  The highest bid was $143,825.  It is estimated paving will begin at the end of October.

Mike May asked what the second lowest bid was.  The bid was $116,000.

Mike May made a motion to award the contract to Aggregate Industries of Saugus, Massachusetts with the low bid of $99,759.  Matt Mecum seconded the motion; voted all in favor.

Main Street Circle:  The paving, done by the Highway Dept., is complete.

Chapter 90 Paving Contract:   This paving is scheduled to begin on Tuesday, September 24.  Reclamation will start on Ethan Allen Drive and then move to Stockton and Glazier Streets.

Transportation Bond Bill:  State Representative Harold Naughton’s office has informed the TA that any funds, when they become available, cannot be used for anything other than road improvements.  Unlike regular budget items where the funds are available almost immediately, the Bond Bill funds can take several years before funding is available.  The aide is looking into when we can expect to see those funds.

Hillside Cell Tower Lease:   SBA, lessee of the cell tower on Hillside, is making a request to sublease space to Verizon.  Town Counsel has reviewed our lease and advised this is permissible and within their rights.  The TA has attempted to obtain consideration for the additional equipment on the tower; however, there is nothing in the lease that requires them to pay the Town for additional co-locators.   The TA recommends the Chair sign the request.

Mike May said they were in before the Planning Board, who enabled the expansion of the tower.  The Town was not difficult and was very cooperative.  The Town could have said “no” but did not.  Mr. May has an issue with them not disclosing what they were doing and should be considering additional money to the Town.  If that is their approach, why should the Town be willing to work with them in the future?  It’s a two-way street.  The Planning Board sanctioned improvements and changes to the tower, including added equipment, etc.

Jim Wood asked how much time is left on this lease; how long ago was it signed.  There is an additional eleven years.

Attorney Falk said the lease allows them to sublet.  The Town has no rights to additional consideration but is free to ask.

The issue is continued to the next Board meeting when they would like to have SBA in to discuss the matter.

Y.O.U., INC.:   Mr. McNamara and Mr. May met with the management at YOU, INC. to discuss issues, including their three-year lease, which expires on December 31, 2013.   They currently pay $3,333.33/month and request that the payment remain the same.  They have also requested another three-year lease with an automatic renewal provision in it.

The TA recommends the Board approve the lease as requested with a mechanism in place to allow for a rent increase in three years.  Jim Wood wants to make sure there is a provision in the new lease regarding YOU Inc. absorbing the cost for school transportation for their residents.

The Board is in agreement with Counsel preparing a lease renewal contract.

Cell Tower Leases/Solar Farms:   Mr. McNamara said he frequently receives information from companies interested in purchasing the lease for the tower Hillside.  They would give a lump sum payment up front and then they would collect the lease payments for whatever number of years remain on the lease.    Also, there are occasional inquiries from companies interested in building solar farms on Town property.  Many communities have allowed solar farms to be built with some positive results.  If the Board would like the TA to pursue these matters, he will get additional information.  Going forward with either thing would require Town Meeting approval and following the RFP process.

Mr. May said he has talked with John McQuade from the Light Dept. about the solar issue and asked if there is a conflict since we are a member of the solar project.  Mr. McQuade said the Light Dept. is interested in looking into the possibilities of a solar farm.

Open Meeting Law/Conflict of Interest/Ethics Laws:   Mr. McNamara has asked Attorney Falk to conduct some training on Open Meeting Law, etc. for the Board, as well as all Town committee or commission members.  It is anticipated it would be a two-hour session.

Mike May asked if the MMA offers training for no charge to members.   The TA said they do but it would be at their location, not here.

The Board agreed training would on October 16 be from 6:30 PM – 8:30 PM with all committees and boards invited and encouraged to attend.

Tri-Town Landscape Program:   Jim Wood said that, after reading documentation previously provided by Joe McGrath (Conservation Commission), he is not ready to sign the letter.  The Town has already given up too much land with restrictions to the MDC/DCR, along with the tax revenues the land would generate.

Matt Mecum said his concerns pertain to restrictions; whomever buys the property can sell it again and place usage restrictions.  He does not want to see land taken off the tax rolls and also have the use restricted to residents.   The DCR is continually adding restrictions to land use.

Mike May said this is the wrong initiative for this community which already has enough of a tax burden with plenty of restricted land.  He applauds the Conservation Commission’s efforts during this initiative but we should focus our efforts more on lifting DCR restrictions and making land useful to the residents.

The letter will not be signed.

Laurie Levy (in the audience) asked if once the October 10 deadline for filing the grant passes, will they need apply at a later time?  The TA said October 10 is this year’s grant deadline.

Monthly Report of the Highway Superintendent to the Board of Selectmen:

  • The second new truck (one ton dump truck) has been delivered.
  • Conducted weekly roadside mowing.
  • More preparation is needed before the 599 Main Street paving can be done.
  • Paving of Main Street Circle has been completed.
  • Chapter 90 paving starting this week.
  • Sand and salt has been ordered; two loads have been received to date.
  • Plowing equipment is being prepped for the season.
  • Two burials took place at the cemetery.
  • Two pieces of equipment are inoperable – the catch basin truck and the 1967 International tractor.  If the Department has issues, we might be able to borrow from another town.
  • The Superintendent is waiting for a call back from the Massachusetts DEP to review a potential site for a leaf dump.   He is hoping to start it up in the next couple of weeks, having two Saturdays a month.
  • The Superintendent is looking for a piece of stone on which the Burkhardt memorial plaque can be placed.
  • The jail called; they are looking to do some panting which we requested earlier in the year for the Town House.  We need to buy all paint and supplies.   $50K has been put aside for Town House improvements and that can be used for expenses.
Mike May asked if we can first get them to have one guy paint the top of the barn here at Hillside.

Matt Mecum said we also have kitchen equipment sitting in the barn that needs to be installed at the Town House.   That should be our priority.

Matt Mecum made a motion to allocate up toe $5,000 for the cost of painting the exterior of the Town House; the work to be done by the jail program.  Mike May seconded the motion; voted all in favor.

Naming of Gymnasium at Tahanto:  Maura and Diane Flanagan present.

Maura asked the School Committee about the idea of naming the gym at Tahanto after Jay Corcoran, a Tahanto graduate who was killed in the Nine-Eleven Attack.   It was not approved.

Jim Wood said that tonight the Board will vote to ask Representative Naughton to file legislation to dedicate a walking trail behind Tahanto in Jay’s name.   The TA said the DCR said they do not name properties after anyone.  However, in Clinton there is a DCR swimming pool named for an individual.  Representative Naughton was informally approached and he was willing to do so.

Matt Mecum wanted it clarified that Jay was from Town; his dad was the Elementary School Principal and they were contributing members of the community.   The slogan for Nine-Eleven is “never forget” and it would be appropriate for our community to support that motto and honor that resident and what his family has done for the community.  Jim Wood said that if it doesn’t go through, we are not done.

Matt Mecum made a motion to ask Representative Naughton to file legislation to dedicate the Cross Country Trails to Jay Corcoran via a formal letter.  Mike May seconded the motion; voted all in favor.

Highway Dept. Garage:   

Frank Reale appeared before the Board ad said he had met with the TA, the Fire Chief, Scott McCubrey, T. Prunier, Steve Mero and a few others.   He presented information from a Board of Selectmen’s informational forum from February 7, 2006.  New DPW building option were discussed.
        Option 1:       a new DPW building
        Option 2:       a new building for the DPW and the Water Department
        Option 3:       a new multiplex building for the DPW, the Water Department and the Fire Department
        Option 4:       Do nothing

How can we pay for this?

OPTION 1:
  • Money would be approved from the DPW Stabilization Fund
  • Sell DPW land on Sewall Street
        
        The Sewall Street land has a 772 foot frontage with approximately 11.9 acres.  The property could be sold as is.   We could also approach a developer to see how many houses we could build on that land.

OPTION 2:
  • The Water Dept. currently has no office.  Where are the files located and how can the public get access.  He spoke with Ralph Wagner years ago, who was going to build a new Water Dept. building; maybe we could share.  We need to speak with the Water Dept.  They will remain separate; the Board of Selectmen would have nothing to do with them and do not want to take it over.  The Water Dept. could contribute to the cost.
OPTION 3:
  • Have the DPW, Fire and Water Departments go to the Town and offer part of the money from the Stabilization Fund and the sale of Sewall Street.  We would need about another $2M from Town Meeting vote.
OPTION 4:
  • Do nothing.   We’ve been there for years.
Positives:
  • The trucks will be garaged
  • They will be able to service all vehicles at one location
  • One-stop gas/diesel for all Town vehicles
  • DPW and Water Dept. are compatible and have worked together; they can share equipment; they can share storage areas and both could be centralized
  • All documents for both departments would be accessible, stored in one building
  • Each department has its own identity
  • Safety issues
  • Modern facility
Now is the time for action.  No more studies are needed.  Form a focus group to include the Town Administrator, the Fire Chief, the DPW Superintendent, the Water Department and Frank Reale.

        Mr. Reale is asking the Board to review and consider these options.  If the Board would like him to come back to the next meeting, he could do so.      
        Mike May thanked Frank for the time he has put in on this.   He agrees the DEPW needs a facility to house equipment and vehicles, etc.  He has researched steel building prices; we need to get true feedback on what our needs are over the next five to ten years.  He does not feel the cost is significant for a DPW or DPW/Water facility, but it merits discussion.   We first need to nail down the cost before deciding on funding.  Also need to discuss the best location.
        Mr. Reale said we have money for architectural fees.  To get the information, he would need to go to an architect for design, etc.
        Mr. May said that if manufacturer’s designs are done, they would provide price and engineered plans.  He feels this is a first step; he is supportive of the concept.
        Frank asked if the Board would agree to allow him to get answers and discuss them with the Town Administrator, department heads, etc.   We need to speak to a building manufacturer.  

Re:  SUT/ConCom Grant Letter:  Present:  Frank Bissette of Green Street:  currently Ch. 61, 50 acres, and Christa Collins of SVT.

        Why wouldn’t the Town want to have a professional, such as Sudbury Valley Trustees (SVT), care for the land.
        It was explained that this had already been discussed and the letter was not signed.  They recapped the earlier discussion and the reasons cited for not signing the letter.
        Frank Bissette asked if the Board is familiar with the nature of the land in question.  It is wetlands and cannot be developed.  The land cannot even be crossed unless it is frozen in winter; also the property is land-locked.  His perspective is for it to be available for wildlife.
        Christa said most of the land being protected is in Berlin.   She is not trying to force any obligation to the Town.  This opportunity might not come along again to get money from the State.  There is no hidden agenda, only to preserve open space for present and future residents.   The letter would just allow them to apply for the grant.
        Mike May said he has great respect for SUT and its reputation.  He said the Board felt strongly about the economic incentive for people to move their land in conservation and out of the Town’s taxable base.  There is an unknown tax impact to the community and he doesn’t feel this program is for this community.  We need to take our over-regulated land back for community use.  He respects what SVT and the Conservation Commission arte doing but this is not right for us now.
        Frank Bissette agrees but feels this is not relevant to this land, which is landlocked and wetlands which would not allow any use for residents in any case.
        Mike May said residents are still free to put land in conservation but he doesn’t want to see a specific group “incentivized.”
        Christa said she understands their concern and asked if it would be considered if it were an endowment to make a significant investment in the Town’s access to the property.

Mike May’s Route 140 Update:   The Business Marketing Committee will meet on Wednesday, September 25, to review the 140 Plan and formalize discussion among interested parties.

Re:  Tahanto Cross Country Race:    A request has been made for the Town to place an ad in support of the Tahanto runners.   Matt Mecum said this is not an appropriate use of tax dollars, the board was in agreement.

TA Weekly Update:   Matt Mecum asked if it would be possible to get a weekly update report from the Town Administrator.  He wants to be aware of what’s going on between meetings in case residents ask.

At 8:20 PM, on a motion made by Chairman Jim Wood, and seconded by Matt Mecum, the following roll call vote was recorded to go into Executive Session under MGL c.30A §21 ¶ 2 to consider strategy sessions in preparation for negotiations with non-union personnel (Town Administrator contract) as having a discussion in public would have a detrimental effect if held in open session.  James Wood:  Yes; Matthew Mecum:  Yes; Michael May:  Yes.  The Board agreed they would reconvene in open session.

The date of Friday, October 4 at 8:00 AM was set for a Workshop Meeting to discuss goals for the Town Administrator.

At 9:01 Matt Mecum made a motion to adjourn.  Mike May seconded the motion; voted all in favor.


The meeting was adjourned at 9:01 PM.

Respectfully Submitted,

Lori Esposito, Administrative Assistant