Meeting Minutes
Minutes Accepted and filed with the Town Clerk on- 3/13/2012_by a vote of _3-0-1_
( Selec. Geraghty abstains absent from 2/21 meeting/ Selec. Hersom absent)
7:00 p.m. – February 21, 2012
Sutton Town Hall, Selectmen’s Meeting Room
Members in Attendance:
Acting Chair Michael Chizy; Clerk John Hebert & Selectmen Richard Hersom & Kenneth Stuart (Chairman Kevin Geraghty absent)
Also in Attendance:
Town Administrator James Smith & Debbie Jacques Administrative Secretary
Acting Chair Chizy calls the meeting to order at 7:00 followed by the Pledge of Allegiance.
Public Forum: James Dwyer 142 Ariel Circle Sutton is present to continue his discussion on Transparency in local government. Mr. Dwyer refers back to correspondence he has sent to the BOS regarding issues with the Annual Town Report, outdated subject matter on the Town Web Site as well as his wish to list by subject & date received, letters received for the BOS to discuss under the Round Table/Correspondence section of the meetings. Mr. Dwyer also refers to the outdated Procedural Practices of September 3, 2002 as needing updating.
(A copy of Mr. Dwyer’s notes are attached)
Selectman Hersom motions to approve as presented meeting minutes from February 07, 2012, Selectman Stuart second’s passes 4- 0
*Public Hearing* 15 Dewitt Road Chapter 61A/Maki: Clerk of the BOS Selectman Hebert reads the hearing as advertised in the January 26, 2012 Millbury Sutton Chronicle. TA Smith informs the BOS this is a request for an amendment to the zoning bylaw which would allow 30% of land in a residential zoned area 100 acres or larger be used for Solar Farms. This request was received 10 days after the Fall Town Meeting in which the Town voted against the use of Large Solar installations in residentially zoned areas limiting the use to 250kw systems. The Maki’s would like to place a 4 – 5 megawatt Solar Farm on 38 acres of their land. Present is Mrs. Verna Maki and Christian Kruger Forestry specialist. TA Smith informs the BOS of the time line of events, the request was received October 28, 2012, if interested, the
Town had 30 days to notify the Maki’s Atty. Due to the Fall Town Meeting just voting against this type of project, no action was taken. Mr. Maki filed paperwork for a special town meeting on December 19th. At that point 60 days had passed and the Town was not able to meet the 30 day deadline. Assessor Joyce Sardgnola contacted the developer of the project to see what the cost of the project would be; the developer refused to give Joyce information and said this would be a pilot program (payment in lieu of taxes). TA Smith informs the BOS that if this is a Pilot program, it would have to go before a Town Meeting for town approval with a majority vote. At this time, Mr. Kruger informs the BOS this went before the Planning Board and the Finance Committee. Both boards have issued a negative determination. The Maki’s wish is to keep the farm intact but need the revenue from this project. They did meet with Town Planner Jen Hager; Jen produced maps showing
the impact this type of project would have in town. He states there are approx. 6 parcels with the amount of property needed. Verna Maki says they are hoping this passes as it would be a win-win for the town as they would be able to keep the Christmas tree farm. Acting Chair Chizy turns over to the BOS for comments: Selectman Hebert says he has listened to Planning Board comments, John is familiar with the site as some time ago the Maki’s intended to sell the property to a developer who was to run sewer and water around Singletary lake, they were not concerned with keeping the tree farm at that point. It is Selectman Hebert’s opinion, a residential area of 30 acres filled with 10-20 foot solar panels becomes a commercial property and their property is in a residential area. Mrs. Maki states the developer backed out due to the economy and she feels this would have less impact to the town. John’s final comment is since the Fall Town meeting this has been
rushed and not well thought out. He is not for this article. Selectman Hersom acknowledges farming is difficult today; there are other families in town that are impacted regarding the negative aspects of any type of farming. Selectman Hersom states whether the timing was coincidental or deliberate he questions the true intent. Rick agrees with Planning and the Finance Warrant Advisory Committee although he says he is all for Sutton and the Green Community initiative and is not sure if stripping 30 acres of trees from a property is the best for the community, if the Maki’s realize a 26 year lease on this property they could be looking at a $2 million dollar revenue, that is commercial enterprise. Selectman Hersom will not support this article and wishes to raise the awareness to residents in town. Selectman Stuart voices that it must be hard from an agricultural aspect to farm 150 acres of farmland. Finding a way to bring in revenue would certainly help. Ken goes on to
say it is difficult to pin down a decision but feels the timing and lack of information concerns him. Ken states the BOS would be setting bad precedence if they support this, he cannot support this article. Acting Chair Chizy agrees with his colleagues. There was just a bylaw passed on this and now we are going to spend several thousand dollars to hold a Special Town Meeting. This is residentially zoned property, this will not only affect the Maki’s it will affect others in Town as well. Mike says that the Planning Board is the eyes and ears for the town, they voted against this article and so will the BOS. Mr. Kruger states that the Maki’s did meet with Planning and the negative impact is really limited. He encourages the BOS to support. When asked if the property would come out of 61A Christian Kruger replied it is not in the best interest of the Maki’s to file for removal until the bylaw is amended. Selectman Hersom questions the content in a letter
addressed to Chairman Geraghty from Bowditch & Dewey (Solar developer atty) where in the 1st paragraph it has a notice to sell and then in the 3rd paragraph it mentions a lease for 26 years. Mrs. Maki and Mr. Krugar state they do not intend to sell. Selectman Hersom points out that a copy was sent to the Maki’s atty. noting the discrepancy, the BOS wish to not continue with the public hearing. Selectman Hersom motions to adjourn the Public Hearing, Selectman Stuart seconds passes 4-0. Selectman Hersom motions to table agenda #2 to deny the Town of Sutton 1st right of refusal until the Town Administrator and Town Council has an opportunity to evaluate procedural eras, Selectman Stuart seconds passes 4-0
*Public Hearing* Pole Hearing Eight lots Road: Clerk Hebert reads as advertised in the January 30th, 2012 Millbury Sutton Chronicle:
Verizon Rep. Scott Burns is present. TA Smith informs the BOS there is no objection from Public Safety and DPW. Hearting no comments/concerns Selectman Stuart motions to give permission to Verizon New England & Massachusetts Electric Company to place a new Mid span pole 72 feet west of existing pole #3 on Eight lots Road in Sutton as shown on Verizon plan #9AD4WS Selectman Hersom seconds passes 4-0
OPEB Trust appointments: TA Smith presents the following to fill the OPEB Board. Present is Christopher Woodruff of 184 Hartness Road. He informs the BOS he is interested in volunteering for Town Government and has a financial background. The BOS all thank Mr. Woodruff for volunteering. Hearing no comments Selectman Hersom motions to appoint Christopher Woodruff of 184 Hartness Road and Susan Rothermich of 440 Boston Road to the OPEB Board of Trustees for a 2 year term, Selec. Stuart seconds passes 4-0. TA Smith informs the BOS that 1 person from the BOS must also be appointed; this would then go to Town Meeting for Town Approval. Selectman Hersom motions to appoint Selectman Stuart for consideration to the OPEB Board of Trustees, Selectman Hebert seconds, hearing no comments passes 3-0-1 (Selectman Stuart abstains)
Presentation of FY2013 Preliminary Budget power point presentation: TA Smith says there are still a few unknowns but the budget for FY13 is $26,797,005, up 2.90% from FY12. Currently there is a gap of $85,000. TA Smith states that maintaining town services continues to be a challenge. In FY13 the Town will continue to pay down school debt as we continue to reduce our reliance on 1 time revenues. Continued revenues for the town are rental of the Manchaug Library, the SREC program and the regionalization of the Health Dept. Additional revenues may come from Hydropower at Manchaug Dam as well as PV panels on the Fire Stations. & Sewer Plant. Expenditures such as employee benefits and unemployment continue to increase. The 2 enterprise funds (Sewer & Transfer Station) continue to hold steady. TA Smith goes on to
discuss Public Safety and DPW. These departments have taken hits in the past; TA Smith has tried to put a little back into these departments. The school has reported there will be 6-7 layoffs and the possibility for block scheduling at the high school level. The Chapter 70 funds are again level funded and the lottery aid was cut again by 7.2 %. At this time discussion is opened to the BOS: Selectman Hebert says excellent job to Jim and Tim. Selectman Hersom asks when the House 1 budget is due out; TA Smith says it should be around April/May. Rick also asks if the $85,000. gap is including the BVT increase, TA Smith replies it does and does not as that figure keeps changing. Also questioned are the thoughts of the school with block scheduling. TA Smith explains the process (2 periods into 1 longer class) the Teachers Union may grieve this decision. Selectman Stuart understands that the budget at this time is a constantly moving target. Ken goes on to say he applauds the
Town not dipping into the stabilization fund and that it is difficult for every community today to make decisions such as the layoff s at the school. Jim and Tim did a fantastic job. Acting Chair Chizy is frustrated stating that the lottery was started back in 1972 to be able to give money back to the cities & towns. Over the last 10 years that has not been the case.
Presidential Primary Warrant: Selectman Hersom motions to sign the Presidential Primary Warrant, Selectman Stuart 2nds passes 4-0
Review Red Flag Policy: TA Smith says this is to comply with the Federal “Red Flag” rules which go in to effect today (2/21/12), this also complies with the Massachusetts Data Security Laws. Once reviewed and approved, this policy will be given to Depts. that collect personal information.
Annual Town Report Dedication: Submittal is read by Selectman Hebert. The FY11 Annual Town Report will be dedicated to Former Fire Chief John W. Peterson. The BOS all agree Chief Peterson was a good choice. Selectman Hebert motions to approve the dedication of the Annual Town Report to John W. Peterson, Selectman Stuart seconds passes 4-0
TA Updates:
- Fire Chief hiring process reviewed for retiring Chief Paul Maynard (May 2012). Oxford Fire Chief Bemis and former chief of Uxbridge Ostroskey to sit on interview committee
- Article 97 legislation for Tenneessee gas: this is for a 50 foot easement on State owned land to connect the easements they already hold on Welsh Road and West Sutton Road.
- Cell Tower Lease on Stone School Road: 1 proposal received from TriStar for $120,000. upfront and then in 12 years when the existing lease is up TriStar will control the easement. At that time, TriStar will give the Town 55% of all revenue from the tower.
Announcements:
Selectman Stuart congratulates the Sutton Boys & Girls Basket Ball teams for making districts. He goes on to congratulate Keri Doldoorian for her 1,000 points scored, Mark Hill for 1st in State in hurdles as well as his acceptance into Harvard and the Girls Varsity Cheerleading squad for their 1st place finish in their division.
Selectman Chizy mentions there will be a Health Fair at the Sr. Center on Friday March 30th 10: am –noon for those 60 yrs old and up
Round Table: not at this time
Acting Chairman Chizy entertains motion to enter into Executive Session under MGL c30A, Sec. 21 # 6 with the sole purpose of retuning to open session for adjournment, Selectman Hersom seconds 4-0
Selectman Hersom motions to adjourn the meeting Selectman Hebert seconds passes 4-0
Meeting Adjourned 9:01 pm
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