TOWN OF MARION
PLANNING BOARD
April 21, 2009
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Vice-Chairman
Jay Ryder, Clerk
Julia Deane Crowley
Thomas Magauran
Steve Gonsalves
Patricia McArdle
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Ricky Pursley
Robert Alves
John Sweeney
Lucy Napoli
Belmiro Barros
Albin Johnson
Ken Motta
Anthi Frangiadis
John Rockwell
Annie Rockwell
Commencement – Chairman Napoli called the meeting to order at 5:00 p.m. and explained meeting procedure.
Old/New Business
Discussion – 53G Consultants
Mr. Dawson joined the meeting to provide information to the Board. The procurement law requires an RFQ (Request for Quotes) for anything greater than $5000 per year or per project. Member Magauran said the Board rarely goes over $5000 per project and asked if consultants could be hired on a project by project basis. Mr. Dawson said if that’s the common practice it’s perfectly fine; however, he cautioned the Board not to do that as a way of circumventing the procurement law. He explained that Chapter 30B requires due diligence to obtain the best price possible for services provided to the town. Mr. Dawson said the Board could make a decision to procure services once a year or every three years under wording such as ‘looking for someone who can provide the Planning Board on an
on-call basis the following professional services:” and then get an hourly rate and compare them that way. Member Magauran said the Board considers the hourly rate but also has some subjective criteria. Mr. Dawson said the Board should first rate all of the bidders on their qualifications, experience, and education, then consider the money, and then choose the most highly qualified person at the lowest possible price.
Chairman Napoli noted that the engineering review for one project cost $5026 and asked how critical it was; he was told that was not critical. Mr. Dawson said written proposals are required for projects exceeding $5000; for projects under $5000 a staff member could call individual firms, read the statement, and then use best business practices.
Discussion – Special Permits – 156 Front Street, c/o Kathleen Sylvia
Subsequent to the close of the public hearing it was discovered that two abutters were not notified. Attorney Witten has recommended, in the event Mrs. Sylvia wishes to move forward with the project, that a new public hearing be held. Mrs. Sylvia has not yet indicated if she wants to move forward with the current application, withdraw it, or move forward with a new public hearing.
Moved by Member Magauran and seconded by Member Ryder that the applicant be advised that the Board will move forward with a public hearing and should she wish to proceed please advise the Board. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran that if the applicant does decide to move forward the Board will pay the advertising costs of the new public hearing. VOTE: 7-0-0
Approval of Minutes
Moved by Member Magauran and seconded by Member Gonsalves to approve the minutes of the April 6 meeting as modified by Vice-Chairman Winters. VOTE: 7-0-0
Approval of Bills
Invoice #6878, from Field Engineering, was reviewed and discussed. Mr. Motta said he would provide a corrected invoice.
Moved by Member Magauran and seconded by Member Ryder to approve subject to receipt of a revised invoice showing the number of hours and the correct hourly rate. VOTE: 7-0-0
May 28 is supposed to be the Board’s second meeting in May; however, that will be Town Meeting. Moved by Vice-Chairman Winters and seconded by Member Ryder that the Board decide at a future meeting whether to have an intervening meeting between May 4 and May 18.
Moved by Member Gonsalves and seconded by Member McArdle to adjourn at 7:00 p.m.
Respectfully submitted,
Jay Ryder, Clerk
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