Regular Meeting MINUTES November 21, 2016 Attending:

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1 Town of Chelmsford Board of Selectmen Minutes 50 Billerica Rd., Room 204 Chelmsford, MA Regular Meeting MINUTES Attending: George Dixon, Jr., Chairman Patricia Wojtas, Vice Chairman Laura Merrill, Clerk Glenn Diggs, Selectman Robert Joyce, Selectman Paul Cohen, Town Manager Please note that all documents referenced in these minutes are on file at the Town Manager s Office, 50 Billerica Rd., Chelmsford, Mass. The meeting was recorded by Chelmsford Telemedia. Chairman Dixon called the meeting to order at 7:01 PM. Public Service Announcements Chelmsford Open Space Stewards-10 th Annual Day Before Thanksgiving Walk Selectman Wojtas announced that everyone is welcome to this free event. A proclamation was read into the record by Selectman Wojtas. The Proclamation document was held as there was no one available to accept it on behalf of COSS. Colleen Stansfield December 4 Holiday Prelude and Tree Lighting Event Everyone is welcome to this free event. Mr. Cohen announced the event begins at 4:00PM, the tree lighting occurs at 5:00PM, and other activities were listed. Chelmsford Women of Today - Muffins with Santa December 10, 2016 Selectman Wojtas read information regarding this event into the record. Everyone is welcome, proceeds benefit the Secret Santa Program and other community programs. Open Session No one came forward at this time. Committee Vacancies Selectman Wojtas read the list of current vacancies. Interested applicants can apply online at or through the Town Manager s office. Licenses Roadside Vendor Center Congregational Church 1 Worthen St. Dick Pappenfuss, 7 Gallup Dr., announced this is the 33 rd year of supporting the Church and its programs via the sale of Christmas trees and wreaths. Motion: by Selectman Wojtas to approve a Roadside Vendor License to Central Congregational Church at 1 Worthen St., from November 26, 2016 to December 23, 2016 for the hours of 1

2 10:00AM-8:00PM for the sale of Christmas Trees and Wreaths. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Public Hearings All Alcohol Restaurant License - La Union, Inc. d/b/a Tequila's Mexican Grill and Cantina 2-18 Vinal Square Unit 6-8 Atty. Nicholas Felici spoke on behalf of the applicants. Owner Eric Brambila and Manager Luis Arceo were also present. The site is the former Sichuan Palace in Vinal Square. The applicants also own Casa Blanca Restaurant in Billerica, and several other restaurants throughout Massachusetts. Site improvements will involve no structural changes, and a motif change to a Mexican theme. All managers and employees are TIPS certified, and they expect to open in 6-8 weeks. There were no comments from the audience. A letter of support from Bill Gilet, Chairman of the Vinal Square Master Plan Committee, was read into the record. The Board s policy of a two-week waiting period for additional comments was explained to the applicants. Motion: by Selectman Wojtas to continue the Public Hearing for La Union, Inc. d/b/a Tequila's Mexican Grill and Cantina to December 5, 2016 as is Board policy. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Beer and Wine Restaurant License - Pita Restaurant Group LLC d/b/a Pita 18 Boston Rd. Unit #200 Owner Dan Lyons was present for questions. The restaurant has been open one month, and is doing well. This license is requested so they can offer beer and wine as part of their menu, however if an All-Alcohol license is available, they would like it. Mr. Lyons and his partner are TIPS certified. No comments were received from the audience. The Board s policy of a two-week waiting period for additional comments was explained to Mr. Lyons. Motion: by Selectman Wojtas to continue the Public Hearing for Pita Restaurant Group d/b/a Pita to December 5, 2016 as is Board policy. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Continuation: National Grid Pole Petition for 153 Mill Road Lori Leslie, 135 Mill Rd. asked the board to confirm that this application was being withdrawn. Chairman Dixon advised that no further action was being taken by the applicant at this time. Motion: by Selectman Wojtas to close the Public Hearing for Verizon Pole Petition for Mill Rd. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Motion: by Selectman Wojtas that No Action will be taken on Verizon Pole Petition # for Mill Rd. dated September 13, Seconded by Selectman Merrill. Motion carries, unanimous,

3 Reports and Presentations John Sousa: Electronic Billing - Taxes & Sewer Mr. Sousa advised that electronic bills have been offered since The vendor was acquired by a new entity, and the new company is requesting the Board s formal vote to continue the program. Motion: by Selectman Wojtas that the Town of Chelmsford adopt MGL Chapter 60, Section 3A which allows for voluntary e billing of tax bills. Specifically, Chapter 60, Section 3A, Paragraph (b) states that The collector may issue the bill or notice required by section 3 in electronic form, provided that the electronic bill or notice meets the standards set forth in subsection (a). An electronic bill or notice issued shall be under voluntary programs established by the collector, with the approval of the board of selectmen. No political subdivision shall require a taxpayer to take part in an electronic billing system or program. It is noted that this is a completely voluntary program for taxpayers, and that this program is environmental friendly in that it will reduce the number of paper bills mailed out by the Town of Chelmsford. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Town Manager Reports Special Permit Regarding the Proposed Newport Materials Asphalt Plant at 540 Groton Road, Westford Mr. Cohen reported that the previous court decision was filed in the Westford Town Clerk s Office. An Open Meeting Law complaint has been filed against the Town of Westford s Board of Selectmen. Special Counsel for the Town of Chelmsford has filed a complaint to appeal the decision in Westford, and the Board of Health is researching other options. The Open Meeting Complaint may create an extension of the appeal period. Selectman Merrill requested the Town Manager look into adding Asphalt and Stockpiling as a prohibited uses in the current Chelmsford Land Use bylaws. Mr. Cohen noted that the bylaws currently state that any use not specified is prohibited. However, he will work with Town Counsel and the Planning Board to review this recommendation, and submit a warrant article for Spring Town Meeting, as needed. MassWorks Grant Award Center Village Grist Mill Apartments The Town received an award of $370,000 for sidewalk improvements and utility depression on Cushing Place. A formal acceptance ceremony was held at Thorndike Factory in Lowell last week. Construction of Grist Mill Apartments is expected to begin in March, Selectman Joyce advised he prefers brick sidewalks for this area be used, to be consistent with sidewalks already installed throughout the Center Village. Report on Municipal Health Insurance Reform Public Employee Committee Negotiations Mr. Cohen reported an agreement was reached with the Town s Unions to retain the Blue Cross/Blue Shield health plans, and add a limited network plan. Selectman Diggs advised he received a letter indicating the Town s offering is less expensive than the GIC program this year, and no additional mitigation would be offered to participants. Other Reports Mr. Cohen reminded the board that the annual Tax Classification Hearing will open at the December 5, 2016 meeting. Certification of the tax rate should be received by then, which is later than usual because this year was a re-evaluation year. Appointments 3

4 Permanent Building Committee: Evelyn Thoren, term to expire 6/30/2018 Selectman Merrill asked if this appointment was necessary, as the Superintendent is already representing the School Department for their building proposal. Mr. Cohen explained the Superintendent's appointment is as a temporary member of the Committee, specifically for the School Building proposal; Ms. Thoren will be a permanent member, and was chosen for her expertise on several building projects, both school-related and other municipal facilities. Motion: by Selectman Wojtas to approve the Town Manager s appointment of Evelyn Thoren to the Permanent Building Committee for a term to expire June 30, 2018, as presented. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Meeting Minutes Tri-Board Meeting Minutes: September 18, 2016 Motion: by Selectman Wojtas to approve the Tri-Board Meeting Minutes of September 18, Seconded by Selectman Merrill. Motion carries, unanimous Regular Meeting Minutes: September 26, 2016 Motion: by Selectman Wojtas to approve the Regular Meeting Minutes of September 26, Seconded by Selectman Merrill. Motion carries, unanimous Selectmen Liaison Reports and Referrals Selectman Joyce: -The Town Manager was thanked for his efforts in having a light outside the Town Offices building replaced. -Selectman Joyce announced that a blue light is lit by his home on Turnpike Rd. in support of police officers. He has seen this done in other towns, and encouraged residents to also support police. Selectman Merrill: -The Chelmsford Open Space Stewardship is looking for formal inclusion of Southwell Field in the Memo of Understanding with the Town. Chairman Dixon described the work that several groups completed at that location in July. Mr. Cohen agreed to coordinate this request with them. Selectman Diggs: -The Conservation Commission is hearing a proposal for erosion control work to be done to the bank of the Merrimack River by Williamsburg Condominium. Work is being managed by the town s DPW. -Residents were encouraged to visit the Assessor s online Database to view how their property is being assessed. -The Town Manager was asked to follow up with the owner of Lincoln Liquors to find out what happened to the Harrington trains that were supposed to be donated to the Town. Selectman Wojtas: -The Lowell Parks and Conservation Trust presented a copy of a parchment they had restored which was written after the Battle of Bunker Hill that lists Chelmsford residents involved in the Battle. The parchment will be displayed at an appropriate location in Town Offices. -Petty Officer Aubrey Pine was welcomed home after his military service on a battleship. Chairman Dixon: -Residents were wished a Happy Thanksgiving, and he hopes Chelmsford wins the annual football game against Billerica. 4

5 Press Questions No one came forward at this time. Adjourn Motion: by Selectman Wojtas to adjourn this meeting at 8:10PM. Seconded by Selectman Merrill. Motion carries, unanimous, 5-0. Next Regular Meeting: December 5, Respectfully Submitted, Vivian W. Merrill, Recording Secretary List of Reference Documents: -Thanksgiving Walk Proclamation -Holiday Prelude Flyer -Muffins with Santa Flyer -Committee Vacancies List -Roadside Vendor, Central Congregational Church -Application for Tequilas Mexican Grill -Application for Pita Restaurant -Mill Rd. Pole Petition - regarding Electronic Billing -MGL CH 60 Sec 3A -Committee Application -Draft Minutes 5