Board of Selectmen
Minutes
July 15, 2009
Town Hall Meeting Room
The meeting was called to order at 7:00 P.M. by Chair, Ron Ricci in the Town Hall Meeting Room. Ron Ricci, Lucy Wallace, Leo Blair, Timothy Clark and Peter Warren were all in attendance.
TRANSFER STATION APPOINTMENTS – On a Wallace/Warren motion, the Board voted unanimously to appoint Patricia Hornidge-King and Bob Hewson to the Transfer Station Committee.
TOWN CENTER SEWER BUILDING COMMITTEE APPOINTMENTS –
Chris Ashley gave a brief update on the project and introduced two recent volunteers for the Transfer Station Building Committee.
On a Clark/Warren motion, the Board voted unanimously to appoint Christopher Pereira to the Town Center Sewer Building Committee.
On a Wallace/Clark motion, the Board voted unanimously to appoint Wade Holtzman to the Town Center Sewer Building Committee.
PLANNING BOARD APPOINTMENT – On a Sudol/Wallace motion, the Boards voted unanimously by a roll call vote to appoint Wayne McFarland to the Planning Board as an Associate member. (Sudol – Aye, Minar – Aye, Fox – Aye, Warren – Aye, Blair – Aye, Clark – Aye, Ricci – Aye, Wallace – Aye)
MINUTES – On a Warren/Wallace motion, the Board voted unanimously to approve the minutes of 6/2, as amended.
On a Wallace/Clark motion, the Board voted unanimously to approve the minutes of 6/16, as amended.
SHAKER HILLS GOLF CLUB LIQUOR LICENSE FEE – Town Administrator Tim Bragan informed the Board that Shaker Hills has requested a reduced Liquor License fee. Bragan recommended a fee of $2,500 considering cost to the town, seasonal facility and the delay of application submission advised by the Town Administrator. After some discussion, the Board decided to not pro-rate or reduce the fee.
On a Wallace/Clark motion, the Board voted unanimously to charge standing fee of $5,000.
APPOINTMENT OF ELECTION OFFICIALS – On a Warren/Wallace motion, the Board voted to appoint election officials democratic, republic, independent and un-enrolled as submitted by the Town Clerk Janet Vellante.
(Blair – Abstain)
TIME DISPATCHERS APPOINTMENTS – Police Chief Ed Denmark was present to request the appointment of two part-time dispatchers.
On a Clark/Warren motion, the Board voted unanimously to appoint Nelson Perry as active part time dispatcher position.
On a Clark/Warren motion, the Board voted unanimously to appoint Sean Doocey as part-time dispatcher subject to successful completion of the E911 training and completion of purgatory time at the desk at the discretion of Police Chief.
FRUITLANDS ENTERTAINMENT LICENSE – Fruitlands Representative Tim Firment was present to follow up with the request to modify paragraph nine (baseline noise survey) of the Entertainment License conditions. Firment said that in the past five years there have been no more that three complaints and he strongly urges the BOS to reconsider. Firment said the importance is in establishing a policy that is community appropriate. Tim Clark expressed his interested in the draft language submitted by Leo Blair at the June 16th meeting. The license acknowledges that the location of their facility is within a rural residential area and that excessive noise created by their activities could have a deleterious effect on their neighbor’s rights to quiet enjoyment of their property. Accordingly, the licensee agrees to
immediately moderate any such activity upon notification by any of the agents of the Board of Selectmen that a complaint has been filed. Failure to comply with this provision could result in suspension or revocation of this license. Clark said this language simplifies the issue and if problems arise the BOS can address this during the annual license renewal process. Lucy Wallace agreed with Clark and said her main concern is fairness. Peter Warren said he was in favor of the technical procedure but considering the lack of complaints and the level of detail in the procedure he may reconsider.
Residents who spoke in favor of Fruitlands:
Alden Strickland, 37 Prospect Hill Road, Diane Newton, 182 Prospect Hill Road,
Nancy Gasser 164 Prospect Hill Road, Pat Strickland, 37 Prospect Hill Road,
Donna Forsythe, 33A Prospect Hill Road (not present), Gerry Cormier, 42 Prospect Hill Road (not present), Gary Gasser, 164 Prospect Hill Road.
Residents who spoke against Fruitlands:
Deborah Skauen-Hinchliffe, 221 Still River Road
Don Green, Oak Hill Road
Sound Engineer Doug Sheadel from Modeling Specialties was in attendance to explain proposal he submitted to the Town. His proposal included a baseline noise survey and the methodology behind it. Sheadel said the methodology he proposes includes the use of relatively straightforward equipment that he would be willing to rent ($100.00 an event) and provide training. The meter provides measurements indicating a point of reference for adjustment and creates a record. Police Chief Ed Denmark commented that some type of measurement for the Police would be desirable but he is not opposed to a simpler method as long as it authorizes enforcement by the Police. Selectmen Wallace, Clark and Blair all expressed concerns relating to the technicality of the proposal. Two more public comments were made by Davida Bagatelle and Don Green. Bagatelle mentioned
there should be sound data available already with dBA levels relating to music and she wondered if this technical process is necessary considering the minimal number of complaints. Don Green said as neighbors there is a major concern regarding future noise levels.
On Blair/Clark motion, the Board voted unanimously that language in paragraph 9 of the Fruitlands Entertainment License conditions be replaced in its entirety with revised language dated 6/16/2009.
PUBLIC COMMUNICATION – Janice Perry, 42 Old Mill Road, thanked the Selectmen for their role in helping with the Evergreen Solar noise issue. Tim Clark thanked Senator Eldridge and Representative Benson for their assistance as well.
EMERGENCY NOTIFICATION SYSTEM – Fire Chief Robert Mignard made a recommendation to the BOS to adopt the ConnectCTY reverse notification system offered by Blackboard Connect Inc.
On a Clark/Warren motion, the Board voted unanimously to select ConnectCTY at $5,450 for emergency call system.
APPROVE VENDOR LICENSE – Executive Assistant Julie Doucet informed the BOS that she received a vendor application and a letter of approval from Park and Recreation to allow Jackson Broadbent to sell pre-packaged items from the General Store at the town beach. General Store owner Adam Horowitz was present to support Jackson Broadbent’s request.
On a Wallace/Clark motion, the Board voted to grant a vendors license to Jackson Broadbent to sell items described on application from 8:00am to 12:30pm through August 31st 2009. (Blair - Nay)
TOWN ADMINISTRATOR REPORTS – Tim Bragan informed the BOS that he received a request from Mr. Michael McGarty to change the date of next year’s Annual Town Meeting (Saturday, May 1, 2009) as he has a regional program that brings in schools from around the area to Bromfield and also provide a few thousand dollars to his program. This year (2009) was held later in May due to serious conflicts and that caused a problem with butting up against testing and finals.
On a Blair/Wallace motion, the Board voted to not change the date of Annual Town Meeting. (Clark - Nay)
Bragan said he received the attached letter from Davida Bagatelle, Library Trustee, to accept MGL Chapter 32, § 4, §§ O 1/2 so that she may buyback her time as a Library Trustee to apply to her Massachusetts Teachers’ Retirement System. She requested to act on a Special Town Meeting but the law requires action at an Annual Town Meeting. Bragan contacted her about this condition and she would like to still move forward with it for the next Annual Town Meeting.
Bragan stated he talked to Bill Johnson about assisting with vetting applicants for the EDAT and he has agreed to do it and has also said that the group could use him as a resource as needed. Ron Ricci directed EDAT liaison Leo Blair and Tim Bragan to present applicants for appointments at the next BOS meeting.
With the advent of a codified Capital Committee, Bragan recommended that the Board reappoint those members that they appointed last year. This is not a new committee the Town just formalized a committee that they have had on an informal basis for years.
On a Clark/Wallace motion, the Board voted unanimously to appoint Cindy Russo and Debbie Ricci as members of the public to the Capital Committee and each member of the Boards identified to serve on Capital Committee to make their appointments as they see fit.
On a Clark/Wallace motion, the Board voted unanimously to appoint Leo Blair to the Capital Committee as the Selectmen’s representative.
Bragan informed the Board that Monty Tech has notified us that our assessment has gone down from the original amount by $2,710. Our new assessment is now $65,117.
Bragan said the Town produces some 1400 Tons of MSW/year at transportation and tipping cost of $102/ton for a total of ~ $145,000 per year. If we were to reduce our tonnage by 20% (280tons) we could save ~ $28,000 dollars. This amount ($28,000/yr) is equal to a drop of $20/ton in transportation/tipping fees. Since we are in a contract until 2015 and these cost will continue to increase we need to act on addressing the amount of tons of trash we through away. Bragan said he knows the Town has looked at Pay As You Through (PAYT) in the past but he believes that the current economic conditions necessitates that we look at it again and he asked the BOS to appoint a committee to look at it (PAYT) as well as our current operation so that we can save on costs instead of raising fees. The Board agreed to have Tim Clark and
Tim Bragan form a working group to review this.
Bragan informed the Board that he received a letter from Sheila Peters who is requesting approval of a Home Equity Line on her affordable unit at 35 Lancaster County Road. Bragan requested the Board authorizes Selectman Wallace and himself to work on this and that Selectman Wallace be able to sign any documents needed from the Town.
On a Warren/Clark motion, the Board voted unanimously to authorize Tim Bragan and Lucy Wallace to work on this.
Bragan said Saint Benedict Center has provided us with the easement language for their water project and Mark Lanza is reviewing it. It should be available to sign at the next meeting unless the Board authorizes it to be signed after Mark has approved the language.
Tim Bragan updated the Board on the progress of the new Town website.
Bragan reminded the Board that the Second Annual Employee Appreciation cookout will be held next Wednesday, July 22, 2009 from 11:30AM to 2:30PM at the Hildreth House.
SELECTMEN REPORTS – Tim Clark updated the Board on the status of the two Home Rule Petitions. He explained that the liquor license hearing was held on Tuesday, July 7th and on Wednesday, July 15th the Sewer hearing will be held. Clark said he has submitted his testimony on behalf of the Board.
Tim Clark informed the Board that the co-mingling compactors have been installed at the Transfer Station and will be in full operation on Saturday. He also commented that the new traffic flow is going well and asked the public for their cooperation while changes are being implemented.
Ron Ricci said he was contacted by a resident in Town who was upset regarding an unwanted solicitor. Ricci spoke with the Police Chief who will be restricting hours of solicitation to 9:00am to 4:00pm.
BOARD OF HEALTH REQUEST – Tim Bragan informed the Board of a letter received from the Board of Health requesting additional hours for their Administrative Assistant. Bragan told the Board that because the FY10 budget has been finalized there is nothing the BOS can do at this time. The Board asked Bragan to draft a letter to the Board of Health explaining this.
EVERGREEN SOLAR UPDATE – Leo Blair said the Devens Enterprise Commission has issued findings that require Evergreen Solar to reach full compliance by August 17th. This will include daytime and nighttime standards. Blair explained by September 15th a stress test will be conducted with all equipment running and a gas delivery in process. Levels should not exceed 38 dBA. Blair declared that Evergreen Solar is committed to solving this problem and is confident in reducing levels to the mid 30’s. If Evergreen Solar is out of compliance for over five days then they must cease operation until compliant.
GETTY LAND DISCUSSION – Ron Ricci explained a meeting was held with members of the Community Preservation Committee and Conservation Commission regarding possible funding sources to purchase the land. Blair said the CPC have voted to endorse use of CPC funds under recreation to purchase the Getty land.
On a Clark/Wallace motion, the Board voted unanimously to pursue development of an acquisition plan for the Getty land for municipal purposes.
On a Clark/Wallace motion, the Board voted unanimously to appoint Peter and Leo to this task.
**** On a Wallace motion, the Board voted unanimously by a roll call vote
(Clark – AYE, Blair – AYE, Wallace – AYE, Ricci – AYE, Warren - AYE) to enter into executive session at 9:45pm, as authorized by Chapter 39, Section 23B of the Massachusetts General Laws, at a meeting for which 48-hours notice has been given, to discuss and review non-union Town contracts and to discuss a personnel matter and to discuss potential real estate transaction. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***
The meeting was adjourned at 10:55 pm.
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