MINUTES OF BOARD OF SELECTMEN MEETING
MONDAY SEPTEMBER 15, 2008
Chairman Mauceri called the meeting to order at 7:00 p.m. in Room 14 at Town Hall in the presence of members Mr. O’Leary, Mr. Harris, Mr. Veno and Mr. Delaney and the Town Administrator Greg Balukonis.
1. MINUTES: AUGUST 4, 2008 REGULAR SESSION
MR. CHAIRMAN, I MR. HARRIS MOVE TO APPROVE THE AUGUST 4, 2008 REGULAR SESSION MINUTES AS WRITTEN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
MR.CHAIRMAN, I MR. HARRIS MOVE TO APPROVE THE AUGUST 4, 2008 EXECUTIVE SESSION MINUTES AS WRITTEN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
2. CORRESPONDENCE:
Correspondence was requested by Mr. Mauceri
3. PUBLIC COMMENT
No public comment
4. BANS
Treasurer/Collector Maryann Mackay presented to the Board of Selectman the BANS and included a Summary.
MR. CHAIRMAN, I MR. HARRIS MOVE TO APPROVE THE placeCitySALE OF $2,686,000. BOND ANTICIPATION NOTES AT A RATE OF 2.039% DATED SEPTEMBER 4, 2008 AND DUE SEPTEMBER 18, 2009, PAYABLE TO EASTERN BANK.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
BONDS
MR. CHAIRMAN, I MR. HARRIS MOVE TO APPROVE THE placeCitySALE OF $4,085,000. GENERAL OBLIGATION BOND DATED SEPTEMBER 4, 2008 AT A RATE OF 3.841% TO FIDELITY CAPITAL MARKETS SERVICES.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
Mr. Balukonis read from a SouthWest report which described the Towns Bond Rating of A1.
WARRANT ARTICLE 11
Mr. Balukonis discussed updated language of Article 11 - Home Rule Petition/Road Flaggers the original wording implied specific HOME RULE legislation be approved at Town meeting. Town Counsel has re-drafted Article 11 to include changes such as deleting section 1 and section 2 and then insertion at the end of the first sentence “which shall include, but not be limited to the following provisions”.
Mr. Veno asked questions regarding these changes.
MR. CHAIRMAN, I MR. DELANEY MOVE TO APPROVE ARTICLE 11 AS AMENDED.
SECONDED BY: MR. O’LEARY
Mr. Veno asks for discussion
Mr. Mauceri offers to take a recess
Recess at 7:25
Back in Session 7:35
VOTE: 4-1 (Mr. Veno against)
5. TOWN MEETING WARRANT
MR. CHAIRMAN, I MR. HARRIS MOVE TO SIGN THE OCTOBER 6, 2008 TOWN MEETING WARRANT.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
6. APPOINTMENTS
Mr. Veno recommends to the board only two of the three nominations.
DANA A ROWE JR., addressStreet61 ADAMS ST.
SCOTT STIMPSON, addressStreet251 SWAN POND ROAD
MR. CHAIRMAN,I MR.VENO MOVE TO PLACE IN NOMINATION THE FOLLOWING NAMES FOR APPOINTMENT AS MEMBERS OF THE placeFOREST COMMITTEE FOR THE TERMS TO EXPIRE DECEMBER 31, 2010.
DANA A ROWE JR., addressStreet61 ADAMS ST.
SCOTT STIMPSON, addressStreet251 SWAN POND ROAD
JAMES LEONARD, addressStreet286 HAVERHILL ST.
Mr. O’Leary questioned the charge of the Forest Committee?
Mr. Balukonis explained the Forest Committee will recommend products and service for professional timber harvesting.
SECONDED BY: MR. HARRIS
VOTED: MR. O’LEARY MR. ROWE AND MR. STIMPSON
MR. VENO MR. ROWE AND MR. STIMPSON
MR. DELANEY MR. ROWE AND MR. STIMPSON
MR. HARRIS MR. ROWE AND MR. STIMPSON
MR. MAUCERI MR. ROWE AND MR. STIMPSON
VOTED: UNANIMOUS (5-0)
7. PlaceNameplaceOCTOBER PlaceTypeTOWN MEETING
Mr. Mauceri conducted a presentation that will be shown at the October Town Meeting. He discussed Free Cash, Debt Stabilization Fund, Available Funding, Budget Priority 1, FY 2009 Supplemental Budget, Budget Priority 2 and Priority 3, Financial Problems and Trends, FY 2008 Revenue Shortfall, Outstanding Tax Liens, Foreclosures and Bank Foreclosures.
DISCUSS WARRANT ARTICLES
The Board of Selectmen reviewed the Articles in the Town Warrant.
Article 1
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 1 “HEAR AND ACT ON REPORTS OF TOWN OFFICERS AND COMMITTEES”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 2
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 2 “FUND FY 2008 SNOW AND ICE DEFICIT”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 3
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 3 “ESTABLISH FUEL AND UTILITIES RESERVE FUND”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 4
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 4 “TRANSFER FUNDS TO THE CAPITAL STABILIZATION FUND”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 5
Briefly discussed Recreation Operating Budget and Revolving Fund, DPW Wastewater Management.
Decision to recommend at Town Meeting.
Article 6
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 6 “PRIOR YEAR’S BILLS”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 7
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 7 “CAPITAL EXPENDITURES”.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 8
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 8 “RESCIND BOND AUTHORIZATIONS”
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 9
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 9 “CREATE AND FUND OTHER POST EMPLOYMENT BENEFITS” ”
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 10
MR. CHAIRMAN, I MR. HARRIS MOVE TO RECOMMEND ARTICLE 10 “TRENCH SAFETY REGULATIONS”
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Article 11
Discussion of Article 11 between the Board of Selectmen and Lt PersonNameJones, Sergeants Romeo, Tremblay and Zimmerman, retired Sergeant Dorsey Sr. and Fire Chief Richard Harris. This discussion included questions such as how will this article save the town money, is it the Board of Selectmen’s purpose to supersede or circumvent the Collective Bargaining Contract and has the Board of Selectmen asked for advise and compared the safety aspect between having a police officer do the detail or a flagger?
Also included in the discussion was the cost per hour for an officer to perform this duty compared to the cost per hour for a civilian flagger to perform this duty. Mr. Mauceri reiterated that it will be up to the Police Chief to make the determination as to which details will require a police officer and which ones will not.
MR. CHAIRMAN, I MR. VENO MOVE TO RECOMMEND TO PASS OVER ARTICLE 11 AT TOWN MEETING.
SECONDED BY: MR. HARRIS
VOTED: AYE 2
NO 3
ARTICLE REMAINS
Mr. Veno asked if the Board could make changes to the Article after Town Meeting and Mr. Delaney explains to Mr. Veno that it wouldn’t be able to without sending it to the State.
Discussion between Board members and Police Officers regarding prevailing wage and the current detail rate.
Mr. Mauceri explains that a recommendation will be made for Article 11 on Town Meeting floor.
ADDITIONAL WARRANT ARTICLE ~ Sewer construction project
It is included in the posting and was in the listing of Warrant Articles for consideration however there is no language accompanying it.
Mr. O’Leary informed Recreation of a prior decision made during the discussion of Warrant Article number 5. Adjustments to the budget in regards to benefits - it is the intention of the Board to have Administration put forth for consideration in a motion that will roll the cost of pension and health benefits into your expense budget so you won’t have to spend it through revolving.
Rita Mullen questioned why a request of theirs wasn’t included in that Warrant as an Article.
Mr. Balukonis explained that although it was put in as a Warrant Article it was a Capital item so it was removed from the Warrant Article list and added to the Town’s Capital list of priorities.
8. TOWN ADMINISTRATOR’S REPORT
· Mr. Balukonis gave an update on a major water line break on addressStreetChestnut Street.
· Town Hall will be open to the Public until 5:00 pm through September 23rd to provide make-up hours for the day after Christmas and New Year. Town Hall will be closed on both December 26th and January 2nd.
· The Town is in process of applying for a grant by the Mass. Department of Energy Resources to undertake an Energy Audit of municipal buildings and facilities. The grant is being completed by the CPC staff and will identify conservation measures and upgrades necessary to promote efficiency in municipal buildings.
· Relating to the former Sidney Eaton real tax deferral which the Town received totaling $131,545, the money is not considered an available fund for appropriation at the October town meeting. The funds will roll into Free Cash at the end of FY 09.
· Mr. Balukonis will be attending the International City Managers Association (ICMA) conference in CityplaceRichmond from Sunday September 21st to Wednesday, September 24th. During his absence, David Hanlon will serve as Temporary Town Administrator.
9. OLD AND NEW BUSINESS
Mr. O’Leary
· Remind people of Primary day.
Mr. Harris
· Remind people of Primary day.
Mr. Veno
· Remind people of Primary day.
· Commend the Town Administrator for the Employee Newsletter.
Mr. Delaney
· Remind people of Primary day.
Mr. Mauceri
· Bring to the attention of the Board of an e-mail for the charge of the Fiscal Advisory Committee. Mr. Mauceri read a draft of the charge to the Board and wanted any changes or comments to be given to him before they vote on it at the September 29th Board of Selectmen meeting.
9. OLD AND NEW BUSINESS WATER MANAGEMENT ACT
MR. CHAIRMAN, I MR. HARRIS MOVE TO APPROVE THE TOWN SURRENDERING ITS WATER MANAGEMENT ACT, PERMIT #9P-3-17-213.01, IN PROTEST TO THE ARBITRARY AND CAPRICIOUS ACTIONS OF THE MASS. DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE ISSUANCE OF A MODIFIED PERMIT, AND PROVIDE NOTICE OF THE BOARDS VOTE TO THE DEP.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
10. EXECUTIVE SESSION 10:20 p.m.
MR.CHAIRMAN, I MR. HARRIS MOVE TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSES OF COLLECTIVE BARGINING STRATAGIES AND FURTHER THE BOARD OF SELECTMEN WILL RETURN TO OPEN SESSION THEREAFTER FOR THE SOLE PURPOSE OF ADJOURNMENT.
SECONDED BY: MR. VENO
VOTED: MR. O’LEARY AYE
MR. VENO AYE
MR. DELANEY AYE
MR. HARRIS AYE
MR. MAUCERI AYE
The Board returned to open session at 10:45 p.m.
ADJOURN 10:45 p.m.
MR. CHAIRMAN I MR. VENO MOVE TO ADJOURN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
DATE MICHAEL HARRIS, CLERK
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