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October 22, 2012
  Town of Princeton, Mass.
BOARD OF SELECTMEN
October 22, 2012

The meeting was called to order at 5:00 PM in the Annex.  Present were Chairman Edith Morgan, Stan Moss and Town Administrator John Lebeaux.  Neil Sulmasy was absent.

FY13 Warrant #07   The Board reviewed and signed the FY’13 #08 payroll and vendor warrants from the Treasurer and Accountant.

Minutes  All voted in favorto accept the minutes of Oct. 9, 2012. All voted in favor to accept amended minutes of Sept. 24 with added details.

Scheduled Meetings & Hearings

5:15 PM  Chair opened Tax Classification hearing  as posted, and John L. and Assessor explained that all departments have not yet submitted all information. Selectmen voted all in favor to continue hearing to Nov. 5 meeting at 5:15 PM at PMLD lobby.

5:18 PM  Chair opened the tree hearing that had been duly posted, and Bob Mason, tree warden, reported on trees he has determined need to be removed. Several trees near driveway of fire station in East Princeton are too close to landing area for LifeFlight helicopter, as the newest aircraft is larger than previous model. Two trees on Worcester Road are causing a line-of-sight problem—one at corner of Ball Hill Road and one at Sharon Drive. A dead tree needs removal at 211 Sterling Road and a Whitaker Lane tree has been hit by a vehicle and should be removed. An oak on Bigelow Road is crowding a utility pole and has grown outside the ditch line. A neighbor, Phil Hamel, 60 Bigelow Road, asked about plans for Bigelow Road and was concerned that more tree removal would be done to widen the whole stretch. He did not want to see improvements that would encourage faster traffic. The road becomes Bushy Lane in Rutland at which point it is abandoned.  Bigelow Road therefore effectively dead-ends, although no signage warns drivers and many vehicles get way-laid. The DPW will be contacted about signage.  

5:30 PM  Selectmen voted all in favor to accept the tree warden’s recommendations and to close the tree hearing.

New Business

The Nov. 5 BOS meeting will be moved to the PMLD building at  Worcester Road, since the election is being set up in the Annex.

Ethics Commission  Alex Fiandaca has submitted an Disclosure Form. She is serving on the East Princeton/Route 140 Designer Selection Committee but has not voted on that committee. The selectmen voted all in favor to approve signing the form, which was signed by the chair.

Personnel matters – Fire Chief  John commented that the situation has changed with Chief Cobb’s arraignment on October 15. He has been working with Town Counsel on what options the Board can consider. Some questions that require answers developed as a result of the October 15 legal proceedings; those answers are being sought. John realizes the Board needs to determine its course of action soon. He is in the process of reviewing with Town Counsel various options that the Board can take. He was not prepared to present them at this time. He hopes to be able to speak with the Board in greater detail at its next meeting, possibly in executive session to the extent allowed by MGL CH. 30A, section 21.

Resignation from Advisory Board -- Alan Sentkowski
John announced that Mr. Sentkowski has resigned effective immediately creating a vacancy on the Advisory Board. Interested parties should contact John or members of the Board.

Old Business

East Princeton Designer Selection Committee  Members of the East Princeton/Route 140 Designer Selection Committee, Larry Greene, Mickey Spillane and Alex Fiandaca, were in and Larry submitted a report. They had eight firms submitting bids, and out of two finalists they chose Greenman Pedersen Inc. (GPI) of Winchester. Suggested designs in the village included a rotary at the Route 31/140 corner, a “gateway” traffic island at south end, sidewalks and bike lane made possible by a narrower vehicle lane to slow traffic. The firm promised to attend as many public meetings as necessary without additional cost. Larry offered detailed examples for GPI’s past references and peer reviews and touted their reputation in the industry and their creativity. The first phase (25% design) is paid upfront by the town and will total $185,5000 from the road budget—effectively delaying roadwork in the current schedule by one year. The 2nd phase would need funding approved at Annual town Meeting in May for $260,000. The entire project was initiated by the need to replace the Keyes Brook bridge, which has a poor rating by the state, but is still certified as safe for travel. The weight load limit was last certified about 40 years ago. The committee wanted selectmen to sign a contract with GPI immediately, but some details being added to contract are still pending, such as payment schedule and public meeting attendance.
Selectmen voted all in favor to award the contract to GPI for the $185,500 bid to cover 25% design and to sign the contract as soon as details are added. John L. would have both Edith and Stan come in as soon as document is ready, to sign it.

5:53 PM  Hearing re-opened  Edith reopened the Dakota Connors dog hearing from Sept. 24 and she had everyone attending with potential testimony sworn in. A log of complaints about nuisance barking from Mary Bolger dating from June 2010 to August 2012 had been submitted on Aug. 25 to selectmen. The logs described 17 calls to police dispatch from July 2010 to Feb. 2011 and 19 calls from Feb. 2011 to Aug. 2012.

Edith asked Phil Connors about each condition on the list that he was given on the 24th. He reported the following 1)  Dakota has been wearing the citronella color since the 1st of October.  2)  A dog behaviorist has not been enlisted yet, although the animal control officer has made suggestions.  3)  Phil is still working on finding a trainer.  4)  The dog has been tied out on the north side of the house when outdoors. 5) When indoors, Phil described a situation where the dog can be found depends on who’s home, who’s in control and where they are moving about.

Edith asked neighbors if there has been any further annoyance since the last hearing. Anne Littlefield has heard barking briefly 5-10 times since last hearing. James Bolger said he believes there has been maybe 50% compliance. He added that they have not noticed much barking from outdoors and it seemed the dog was indoors more often. Mary Bolger asked why a dog behaviorist has not yet been enlisted and Phil said they are still vetting options.

John L. asked neighbors to clarify exactly what has gone on in the last 30 days so that selectmen can close the hearing and settle on a finding. He explained that after selectmen present a “finding of facts,” after the hearing is closed, any new complaints will be directed to district court. Mary Bolger cited instances of barking when the dog is indoors in an upstairs window. Anne asked to come to a solution without closing the hearing. John L. announced that Phil, within ten days, appealed the order of conditions that selectmen imposed on him at the Sept. 24 hearing.

There will be an appeal heard on Friday, Nov. 2 at 11 AM in Leominster District Court. The Bolgers are not available on that date. The clerk magistrate could be asked to consider a different date. It was noted that the MGL section concerning nuisance dogs is changing on Oct. 31 but the change mostly addresses vicious behavior. Because the Dakota case hinges on the Sept. 24 hearing when selectmen voted to impose an order of conditions, the process will continue under the older MGL. Selectmen agreed that they should show up on Nov. 2 and Edith said she was available.

John suggested three actions selectmen could choose to take. Following discussion, the board voted all in favor to accept a finding that the list of orders had been met as per the following:
  • Use of the citronella bark collar was compliant.
  • Suggestions from the Animal Control officer for a behaviorist veterinarian were provided but Phil had not engaged one yet.
  • Suggestions from the Animal Control officer for a trainer were provided but Phil had not engaged one yet.
  • Phil had “primarily” kept the dog, when tied outside, to the north side of the house.
  • He attempted to meet the indoor confinement order but cited that the interior layout and movement of occupants made it extremely difficult.
The board voted all in favor to keep the order of conditions from Sept. 24 as their final order.
The board took a third vote, all in favor, to close the hearing.

The neighbors were advised to call police dispatch with any complaints, going forward.

6:20 PM Broadband Committee  Selectmen allowed one candidate for the Broadband Committee, Stephen Cullen of Connor Lane to speak at 5:45 PM  because he had to leave early. He described his technical experience and asked what the town is looking for. Stan said it’s the triple bundle broadband service. Princeton is on the easternmost edge of the 123 communities considered ‘underserved” by the Mass. Broadband Institute..

Stan said the committee’s task will be to communicate with vendors and research and understand  alternatives. It’s solving a business problem for the town—not a tech job. Challenge will be crafting a solution that can win approval at a Town Meeting. He also noted that he would like to serve on the committee. Edith noted that the committee could number up to nine members if there are so many willing and qualified candidates.

The applicants who were in attendance and presented a brief introduction included: Michael Cote, 116B   Houghton Rd; Stephen Cullen, 6 Connor Ln; Gary Langevin, 29 Old Brooks Station Rd; Rick McCowan, 13 Richards Rd; Dag Frode Olsen, 144   Houghton Rd; Petr Spacek, 185 Mountain Rd; Ned Utzig, 340 Mirick Rd; Rich Wagner, 22 Lyons Rd.

The following indicated they were unable to attend the selectmen’s meeting: William Dino, 84 Main St; Jon Fudeman, 224 Worcester Rd; John Kowaleski, Jr., 49 Coal Kiln Rd; Philip O'Brien, 25 Leominster Rd.

Several applicants did not respond to the invitation to the BOS meeting, including: Noah Beck, 226 Beaman Rd; Charles Callahan, 285 Redemption Rock Trail North; Laurie Kraemer, 90 Main St.

Thomas Prince School Green Repair Project   John reported that a Change Directive proposal has been submitted to the Owner’s Project Manager (OPM) by the Architect. The cost is about $72,000. Should the OPM recommend it to the Town, John will approve and the Contractor will then order construction for installation in 2013. It is a two or three day job; manufacturing takes twelve to fourteen weeks.

The Town received a reimbursement from the Mass. School Building Authority (MSBA) on September 27 in the amount of $14,690. Reimbursements to date total $844,039. John will submit a new batch of invoices before the end of the month in the amount of $91,343 with an anticipated reimbursement of $48,311.

As the project will essentially be on hiatus pending manufacture of the skylight, John suggested and the Board agreed that the item will in the future appear on the agenda when there is something to report.

Thomas Prince PCB Project  John reported that the final work commenced October 15 as planned. There have been both favorable and unfavorable test results; the unfavorable results create the need for re-cleaning some surfaces. As previously reported the re-cleaning may push anticipated completion back from October 26 to fall back date of October 31.

John expects minimal additional cost at worst case. He met with Consultant earlier today and plans to meet with Contractor tomorrow.

Other Business     

5:10 PM  Police Appointment    Selectmen voted all in favor to appoint Hasnain Ali as a part-time police officer. Edith signed the form for a term through June 30, 2015. “Haz” will be sworn within the week and will start work. He is filling a vacated position.

7:04 PM Adjourn The Board voted all in favor to adjourn.
Respectfully Submitted,
__________________
Marie Auger, Administrative Assistant


Referenced Documents:
Logs of dog bark complaints from Mary Bolger
Letter from Alan Sentkowski


Marie Auger
Administrative Assistant
Planning Department