MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - SEPTEMBER 25, 2006 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Henry Richenburg, Chairman, Ed Hunt, Jerry Klima, Fred Knowles, and Donald Beaulieu
ALSO PRESENT: Neil Harrington, Town Manager and Janet Flannery, Secretary
I. Call to Order/Salute to the Flag
Chairman Richenburg called the meeting to order at 7:00 PM.
II. Acceptance of Minutes - none
III. Old Business
General License - Barton Corp. - 22 Ferry Rd.
Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to remove from the table.
Chairman Richenburg asked Mr. Brown if he had met with his neighbors as suggested at the last meeting and he indicated that he had tried but was not successful. Selectman Hunt said he took it upon himself and sat for a couple of hours on two separate days very early in the morning and listened outside of the business. One morning at 5:45 as he sat with his windows open, he heard the car doors of the employees reporting to work and he heard a saw, but there wasn’t much noise. He then heard a lot of noise at 6:39 AM coming from a diesel garbage truck which was much louder than any noises coming from Mr. Brown’s business. He spoke with two of the abutters and from what he heard from them he feels this should be tabled until the next meeting in order to set up a meeting in the interim for he felt the problems were minor and something could be worked out to satisfy all parties involved. He’s reviewed the whole situation and based on his observations he doesn’t think the Board should dictate as to the hours of operation if the noise can be kept down by keeping the doors shut and ask the employees to be quiet in the early hours. However, Mr. Brown said he would like a decision made tonight. He said he would be glad to speak to his employees about keeping quiet and to keep the doors closed until 7AM, but he does have to take the forklift out in the morning. Selectman Beaulieu respectfully disagrees with Selectman Hunt in that the Board does have the right to put stipulations and conditions on a license for this is a residential neighborhood. He would be willing to vote to approve the license but would be putting conditions on it relating to the hours. Mr. Brown said he spoke to his employees about starting at 7AM rather than 6AM and closing at 3PM but two of his employees cannot change due to family obligations and if they have to change they will have to find other employment and he cannot afford to lose them.
Isa Cann of 22 Ferry Rd. first stated that she and her neighbors never wanted to close the business down but wanted some limitations put on the license. She further stated that she was the only one that showed up because the other petitioners were concerned with Mr. Brown’s possible violent nature.
MEETING OF THE BOARD OF SELECTMEN MEETING OF SEPT. 25, 2006
Motion by Selectman Beaulieu, Second by Selectman Klima; Voted to approve the license for Barton Corp. With operating hours of 7:00 AM - 7:00 PM Monday - Saturday and closed Sundays to take effect December 1st. VOTE: 4 yea’s - Selectman Hunt opposed. Motion carried.
After the vote was taken Mr. Brown left the meeting stating that he would turn the matter over to his lawyer.
IV. New Business
License Renewals:
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the renewal of a general license to Creative Cuts - 1 Merrill St., and Spadafora Flower Shoppe, Inc. - 141 Bride Rd.
b. New Licenses:
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a repair license to JB Auto Restoration & Collision - 105 Lafayette Rd. (Formerly CB Restoration)
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a general license to Elm St. Laundromat - 6E Elm St. (New ownership).
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to approve a general license to Santos Marble & Granite LLC - 123 Bridge Rd.
c. Committee Appointments:
Planning Board Alternate: 1 position - 1 applicant: Isa Cann
Motion by Selectman Beaulieu, Second by Selectman Knowles; Voted to appoint Isa Cann to serve as an alternate on the Planning Board. VOTE: 3 yea’s - Selectman Richenburg and Hunt opposed. Motion carried.
d. Update/Presentation: Town Clerk
Ms. Mahoney indicated that the energies and resources of her office through early November will be geared toward elections and town meeting. The State Primary went very smooth with 981 voters/18% turnout at a cost of $2,700 to the Town and $925 from the Commonwealth. The next election is November 7th and Town Meeting is October 23rd. She pointed out that 5 articles will be concerning the on-going bylaw codification process which she explained and assured the Board that a very thorough job was done.
e. Vote on Re-funding of General Obligation Bonds - Al Tosti
Al Tosti has been the financial advisor for the Town for the past 15 years, addressed the Board and explained that this basically is a refunding of debt previously issued which is similar to that of refinancing a home. However, in issuing municipal bonds there are calling dates. A document had been provided to the Board which he explained at this time. This refinancing will result in taxpayers
MEETING OF THE BOARD OF SELECTMEN MEETING OF SEPT. 25, 2006
saving almost $1M over the next 25 years, and will see about $150,000 in savings the first year. Both the Manager and Finance Director researched the plan and recommended it to the Selectmen.
Selectman Klima said the material indicated that if the Board approves this and the refunding gets completed there would be a savings of $121,000 in the water enterprise fund and around $30,000 in future years which is a substantial amount not to have to raise in the water rates.
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to proceed with the refunding proposal as presented by Mr. Tosti.
f. Boston Affiliates - Historic Survey Presentation
The purpose of the survey was to carry out the recommendations of the town-wide survey done in 2001. An outline of the survey was provided to the Selectmen and representatives of Boston Affiliates gave a brief overview. A copy of the outline is attached and made a part of these Minutes.
g. Vote on Amended Triton Regional School District Agreement
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted that the amended Agreement to the Triton School District dated Sept. 2006 be placed on the October Fall 2006 Town Meeting Warrant for approval of the Town.
Manager was requested to ask the School District’s counsel for a ruling or decision if this Agreement prohibits supplemental budgeting.
h. Acceptance of Corporal Patten Way as a Public Way - Referral to Planning Board
Chairman Richenburg read a letter into the record from DPW Director Donald Levesque as follows:
“This is the first definitive phase of the street acceptance process for Corporal Patten Way. The certified street acceptance plan dated September 19, 2006 shows the metes and bounds and description of Corporal Patten Way, and is acceptable to the Department of Public Works. It is my recommendation that this plan now move forward to the Planning Board for their approval so that the Department of Public Works can further assess the as-built plans within this subdivision for final street acceptance by the Town.”
Motion by Selectman Klima, Second by Selectman Beaulieu; Voted to place the matter of the acceptance of Corporal Patten Way as a town street on the Fall Town Meeting warrant and that the plan be forwarded to the Planning Board for their review and recommendations. VOTE: 4 yea’s - Selectman Knowles abstained. Motion carried.
I. Zoning By-law Amendments (re-codification) - Referral to Planning Board
Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to refer the articles necessary to the Planning Board for a public hearing and approve the remaining issues to be placed on the Fall Town Meeting warrant.
j. Recreational Trails Grant Application
Selectman Klima reported that they had a terrific turnout last Thursday. Timberland brought 150 employees and there were 25 local people who worked on extending the rail trail. The trail was extended from Bartlett St. To Cushing St. and a link was extended to Palis Drive which will open the trail to all of Baker Rd. Selectman Klima reported that the DCR grant program gives grants up to $50,000 to build recreational trails. An application has been drafted to apply for up to $50,000; however this particular grant requires a 10% match but could be worked out through the various donations of equipment and manpower. Therefore, if awarded the Town would have to appropriate $50,000, but once the work is done the Town would be reimbursed the $50,000.
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to authorize the Chairman of the Board of Selectmen and Town Manager to file an application to the DCR for recreational trails up to $50,000 to extend the Salisbury Point Ghost Trail to Lion’s Park.
V. Comments by Visitors none
VI. Sewer/Water
a. Vote on Contract for Operation and Maintenance of Water Supply System
Manager updated the Board on this contract and explained it has to do with the contract of five years ago when the Town purchased the water company and received permission to have a 5 year contract. We are approaching the 5 year expiration of the contract and had to bid for a shorter term. By doing a 9-month contract it gets the town past the town meeting and brings us to the end of the fiscal year at which time we will be able to go out for a 5 year contract.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve the acceptance of the proposal and authorize the Manager to extend the 9-month contract with Pennichuck Water Company.
b. Schedule Public Hearing for C. Causer’s Request for Sewer Abatement
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to hold a public hearing on October 16th at 7:30 PM on a request for a sewer abatement from C. Causer.
VII. Correspondence
· Notice of a 2006 Massachusetts Smart Growth Conference scheduled for December 1, 2006 at the DCU in Worcester.
· Letter from the Special Olympics re: the benefits of recycling.
VIII. Hearings -
7:30 PM - Continuance - NationalGrid - Underground Conduit - 9 Atlantic Ave.
Hearing resumed at 7:30 PM. At the last meeting it was agreed that pole 8 would be relocated to the boundary line between 9 and 11 and the transformers would be located at that location. Mr. Butler of NationalGrid submitted a revised plan which was agreeable to the Shaefers and the DPW Director.
Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted to close the hearing at 8:40 PM.
Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted to approve the request of the revised plan as presented, inserting as amended 9-21-06.
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes.
X. Selectmen’s Report
Selectmen Hunt asked the status of the library opening on Saturdays because he has received complaints from residents that it isn’t. Manager said he was not aware of that and will talk with the Librarian tomorrow.
Selectman Beaulieu passed out copies of the handbook to the Selectmen who requested one. He said in going through it found some items needed to be amended and made the proposed changes as follows:
“Section II A, Duties
A DD item 10. To review and sign in a timely manner Vendor and Payroll Warrants prepared by the accountant and approved by the Finance Director/Town Manager. Any such warrants shall be placed on the next possible agenda of the Board for ratification.
Section III B 2. Discussion:
ADD: If there are no objections or redrafting request a motion to waive the second reading without objection would be in order.
Section IV F 3.
Change Secretary of the Board to Chairman of the Board.
Section V B.
On second line change Town Account to Finance Director/Town Manager.”
These changes will be on the agenda for the next meeting to be voted on.
Selectman Knowles reported that he met with the Postmaster last Friday along with Selectman Beaulieu and Town Manager and the Postmaster has agreed to have a drive-up box in the rear of the building.
As a member of the Housing Authority Selectman Knowles brought up the issue of the auditors inspection report on Great Meadows which had some concerning issues and the Housing Director was asked to come up with a report as to how he plans on addressing the problems. This issue will be placed on the Selectmen’s agenda of Oct. 16th.
Chairman Richenburg addressed the vacancies on the Rent Control Board and since nobody has come forward to serve he suggested that two Selectmen fill the vacancies until they can be filled because he is concerned that there is the need for a meeting re: the $100 fee that Mr. Longo wants to enforce, plus other pressing matters. Town Counsel has notified the Manager that it is legal for the Selectmen to serve on the Rent Control under these circumstances.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to allow Selectmen Richenburg and Knowles to serve on the Rent Control Board until two permanent members are appointed.
In closing Chairman Richenburg spoke about an article that appeared in the newspaper stating that the Board did not support a police officer position for the school. He clarified the Board’s position that since teachers positions were not funded they could not in good conscience fund the police position but felt the position should be funded in the school’s budget.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Knowles, Second by Selectman Hunt; Unanimously voted to adjourn at 9:50 PM.
Approved:______________________________
Donald Beaulieu, Clerk