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Minutes 03/03/2009
Board of Selectmen
Minutes
March 3, 2009
Town Hall Meeting Room

 

The meeting was called to order at 7:02 P.M. by Chair, Leo Blair in the Town Hall Meeting Room. Leo Blair, Timothy Clark, Peter Warren, Ronald Ricci and Lucy Wallace were all in attendance.

 

FINANCE DEPARTMENT BUDGET – Finance Director, Lorraine Leonard was in attendance to review the Finance Departments budget. Leonard explained the significant changes are due to a reduction in personnel. She explained that the Assessing department will be outsourcing some duties. Payroll will also be outsourced. Leonard stated the combination of several job duties will create a new full time position. Duties included in the new position will be: payroll, front desk, Mart van, Assistant Town Clerk, Assistant Treasurer, and processing Municipal lien certificates. On the expense, side normal yearly increases are in technology, mapping/deeds and training/subscriptions. Advertising for the outsourcing companies has begun. Leonard said the outsourcing idea originated with the FIAT committee. She explained this plan will require fewer personnel and be more efficient.

 

VICKSBURG SQUARE UPDATE - Ron Ricci updated the Board regarding the changes to the Vicksburg Square rezoning plan. Ricci stated the changes were accepted at last weeks Tri-Board meeting. Ricci indicated all members of the JBOS voted in favor of the proposed revisions except for one member in Ayer. Ed Starzec of Massdevelopment will provide the revised plan with a few minor changes. Ricci explained Mass Development will send out a mailing to all three towns announcing public hearings which will be held in each community. Harvard’s will be held on March 16th, March 23rd in Shirley and March 24th in Ayer. Mass Development is also working on providing a tour of the buildings following the Town Meetings. Ed Starzec is developing a power point presentation for the public hearings. Blair added that this is a draft zoning proposal that was voted on at the last JBOS meeting. He indicated that the vote was taken to endorse the draft warrant article with some minor changes to be made.  Blair explained a final vote will be taken on March 12th. Assuming the draft passes, the draft zoning changes would go out for public comment and then a final proposed zoning change would be drafted. Blair stated there would then be another JBOS vote to finalize the revisions. Clark confirmed there is no date set at this time for a Super Town Meeting.

On a Wallace/Clark motion, the Board voted unanimously to suggest sketches/drawings accompany the new zoning changes to add a visual aid. 

 

SIGN CALL TO CAUCUS - On a Wallace/Ricci motion, the Board voted unanimously to sign the Call to Caucus Warrant to be held on Saturday, March 14th at 7:00pm for the list of offices stated in the Call to Caucus.

 

Board of Selectmen – Minutes

March 3, 2009 page 2

 

MEET WITH REPRESENTAIVE BENSON AND SENATOR ELDRIDGE –

First Representative Jen Benson spoke. She first introduced her website jenbenson.org where she is maintaining regular updates of what is going on at the state house. She explained there are many links on the website that are very helpful. Rep. Benson said she is working on getting packages out to communities regarding the economic stimulus package. She requested a prioritized list of projects to be considered.

Rep. Benson stated she has been appointed to the following Committees:

·          Committee on Education

·          Committee on Telecommunications/Public Utilities/Energy

      (Investigating the handling of the December 2008 ice storm and how to improve)

·          Committee on Personnel/Administration

 

Second Senator Jamie Eldridge spoke. Senator Eldridge provided two handouts. One is a summary of budget issues and the other is an update on the Federal Stimulus Package. Senator Eldridge stated he has been appointed to the following Committees:

·          Chair of the Joint Committee on Municipalities and Regional Government

     (Municipal Partnership Act, land use reform, home rule petitions)

·          Vice Chair for the Committee on Environment/National Resources/Agriculture

·          Committee on Community Development/Small Business/Elder Affairs

 

Senator Eldridge spoke regarding the Governor’s budget which includes:

·          Level funding for Chapter 70

·          Elimination of the Education Reform Reserve(The Pothole fund)

·          Reduced local aid from lottery aid and additional assistance

·          Proposed new revenues for cities and towns

·          Telecommunication Loophole

 

Senator Eldridge reviewed federal funding stimulus estimates by the Massachusetts School Committee Association for special education and title 1. He explained a resolution on local aid is uncertain due to the decline in local revenue.

 

DISCUSSION ON DEVENS

Wallace is hopeful changes will provide feasible redevelopment to the area. She asked what other funding sources may be available for historic preservation. Wallace also spoke regarding the next steps to completing the Devens Disposition Criteria.

Ricci explained that a lot of progress has been made on the rezoning to encourage development and preservation of buildings. He also commented on the excellent working relationship being established between the three towns. Ricci said he feels this could lead to the possibility of the regionalization of services and asked Eldridge what his thoughts were on that. Eldridge stated he is in support of regionalizing services and expressed the importance of involving the residents of Devens for their input.

Clark spoke regarding the opportunity for Benson and Eldridge to work together on utility issues.

 

 

Board of Selectmen – Minutes

March 3, 2009 page 3

 
Warren spoke regarding affordable housing development within Vicksburg Square. He asked if it would be possible to give all three towns equal credits toward affordable housing. Eldridge thought it unlikely.

Blair stated he has spoken with DHCD to suggest possibly taking a regional approach to affordable housing. A pilot program is being considered.  Blair stated he feels the direction with Devens is moving more toward transition or integration instead of disposition. On another note, Blair asked about the reliability of the projected numbers for FY10. Eldridge said he is confident in the Chapter 70 numbers for this year due to the economic stimulus money. Benson suggests being conservative when working on future budgets. Blair invited Representative Jen Benson and Senator Jamie Eldridge to attend a JBOS meeting.

 

PUBLIC COMMUNICATION –   

Bare Hill Pond Watershed Management Committee members Tom Gormley, Robert Blanck and Bruce Leicher were in attendance to ask for the Board’s support in an appeal of the Zoning Enforcement Officer’s decision regarding the resolution of the Mace zoning violation. The Pond Committee’s concern is that the new design does not go far enough in restoring the natural shoreline, as significant gaps of unplanted areas are present in the design which will continue to impair the view shed. The appeal must be filed by March 11th. The Pond Committee would like further work on the planting design to address these gaps. The question raised by the BOS is do they have the authority to file an appeal with the ZBA. Town Counsel Mark Lanza was consulted and supplied a letter stating to file an appeal the Town must demonstrate to ZBA that they are custodians of town owned land that abuts or is adjacent to land which abuts 38 Peninsula Road. Lanza also stated in his letter that he is uncertain if there is title to prove ownership and that a title search would be required. Blair confirmed that Chair of the Conservation Commission, Paul Willard said the Commission is satisfied with the remediation plan that was put in place. Blair said it may be a mistake for the BOS to file appeals with regards to land use issues. Blair said Town Counsel stated to him that the BOS can review a decision made by the Zoning Enforcement Officer and if the BOS feels the action is not in compliance with the intent of the decision (ZBA) the BOS can instruct the Zoning Enforcement Officer to take any action to bring the decision into compliance. Blair suggests possibly reviewing the Zoning Enforcement Officer’s action to see if it is in line with conditions from the ZBA.

 

On a Warren/Clark motion, the Board voted unanimously to suggest the BOS file an appeal and invite Zoning Enforcement Officer Gabe Vellante to the next BOS meeting on March 10th to explain his findings.

(Wallace - Nay, Warren – Aye, Clark – Aye, Ricci – Aye, Blair - Abstain)

It was determined; the Bare Hill Pond Watershed Management Committee will file the appeal on behalf of the BOS.

 

 
Board of Selectmen – Minutes

March 3, 2009 page 4

 

 

DEPARTMENT OF PUBLIC WORKS BUDGET - Public Works Director Rich Nota was in attendance to review his budget. Nota reminded the BOS that in FY09 a position was not filled. This allowed $34,000 in additional funds for FY09. Nota explained the impact with reduction in manpower is the catch basins were not cleaned. He stressed the importance of understanding with reduction in manpower the expectations may have to change moving forward. This would mean capital projects would have to go on hold and department work would move more toward maintenance. Nota explained he was directed by the Finance Committee to absorb the increase costs in payroll and health benefits. Nota chose to eliminate crack filling from the FY10 budget and will add this to the Chapter 90 program. He explained this was the best approach to stay in guidelines asked for.

 

POLICE DEPARTMENT BUDGET -   Police Chief Ed Denmark was in attendance to review his budget. Chief Denmark stated he was not including cost for an additional cruiser. He indicated the department could make do for another year. The Chief explained most increases in the personnel budget are contractual except for the increase do to promotion. At this time, the department is working with 200 single shifts a year. He explained the impact of single shift coverage can delay response time, increase in call wait time, likely to have increased force and increase in resident complaints.

 

FIRE DEPARTMENT BUDGET - Fire Chief Bob Mignard was in attendance to review his budget. Chief Mignard explained his personnel increase was due to 2% raise and health insurance increase. He told the Board he did decrease his administrative assistant’s hours from 8 to 4, cut the personal protective gear clothing and funds for training. Peter Warren expressed concern in cutting training and suggested finding a way to fund it. Chief Mignard said he did not touch the stipends and that it was an overall 5% reduction. Chief Mignard told the Board he receives grant funds for tools/equipment and is working on the Firefighters grant to replace the radio system.

 

COUNCIL ON AGING BUDGET - Council on Aging Director Ginger Quarles was in attendance to review her budget. Quarles explained a $4,000 cut for FY09 was made by rewriting a state grant to accommodate outreach workers hours. She also stated one part timer’s hours were reduced from 6 to 4 hours. This salary will be taken from a revolving fund moving forward for sustainability. Quarles explained that in FY10 an administrative fee may be charged to seniors as a user fee. Basically, the cost is being shifted to seniors.

Lucy Wallace stated that seniors are under served and suggests beginning to look creatively on how to fund this department. Leo Blair said he takes serious issue with this budget especially considering the Planning Boards recent vote to approve Lou Russo’s senior housing project on Ayer Road. Blair stated this will increase the work load. Blair stated the COA is essential and believes their budget should be increased by $15,000. Blair asked Quarles to rework budget with increase in hours necessary for more outreach, expansion of programs and anticipate increase in senior population.

 

 

 

The meeting was adjourned at 10:15 pm.