BOARD OF SELECTMEN MEETING MINUTES SEPTEMBER 22, 2014 A regular meeting of the Board of Selectmen was held on Monday, September 22, 2014 at 7:00 p.m. in the Conway Hearing Room. Present were Selectman Michael Rosa, Chairman, Selectman George Simolaris, Vice Chairman, Selectman Andrew Deslaurier, Secretary, Selectman Daniel Burns, Member, Selectman John Piscatelli, Member, Town Manager John Curran and Assistant Town Manager Cathleen O Dea. CALL TO ORDER Chairman Michael Rosa called the meeting to order at 7:00 p.m. OPEN MICROPHONE No one was present for Open Microphone. ANNOUNCEMENTS TOWN OF BILLERICA NOTICE OF VACANCIES The Board of Selectmen, Town Manager and Town Moderator are accepting applications for the following positions: POSITION # MEMBERS BOARD OF SELECTMEN APPOINTMENTS Cabot Land Reuse Committee 2 Commission on Disability (3 must be handicapped, 1 1 may be member of Handicapped family)
SEPTEMBER 22, 2014 PAGE 2 Financial & Audit Compliance Committee 1 Historical Commission 5 Open Space & Recreation Committee 1 Scholarship Foundation Committee 5 Water/Sewer Oversight Board 3 jl 9/22/14 Selectman Andrew Deslaurier stated that all other announcements may be viewed on the Town of Billerica Website, Selectmen s Page. PRESENTATIONS INTRODUCTION OF NEW TOWN POLICE OFFICERS TO THE TOWN OF BILLERCA Police Chief Daniel Rosa appeared before the Board and introduced the new Police Officers for the Town of Billerica. Chief Rosa introduced Ryan Coles, Robert Simmons, Christopher Philbrook, Patrick O Brien, Sarah Crewe, Bill Rymill and Rocco Magliozzi. Chairman Rosa welcomed the new Officers. Police Chief Dan Rosa recognized Canine Officer Mark Tsoukalas and his canine partner Yak for their assistance in a homicide investigation in a neighboring community. JOHN BARTLETT, RECREATION COMMISSION CHAIRMAN, RE: ARTICLES 16 AND 26 OF THE 2014 FALL TOWN MEETING John Bartlett, Recreation Commission Chairman and Joe Higgins, Director of Recreation Came to the podium and made a presentation to the Board on Articles 16 and 26 for their approval. A discussion and questions took place on Article 16. Chairman Michael Rosa asked Town Manager John Curran where the funds would come from for this article.
SEPTEMBER 22, 2014 PAGE 3 Mr. Curran replied it would be from Free Cash. Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Board of Selectmen recommend Article 16 to Town Meeting. A discussion and questions took place among Board members relative to Article 26. Town Manager John Curran stated that this would be a bonding article. recommend Article 26 to Town Meeting. MASTER PLAN UPDATE Planning Director Tony Fields came to the podium and made a detailed presentation to the Board updating them on the progress, timeline and scheduling for the Master Plan and where the Planning Board is in the process. Chairman Michael Rosa asked about the make-up of the Master Plan Committee and stated that there should be a slot for a Town Meeting member and also residents who are interested in being on the Committee. He further stated these residents should be from different sections of Town. Further items were discussed among Board members which included expanding the Committee to a larger number so people who have a vested interest can participate in the process, the role the Selectmen will play in it, specific requests for the Master Plan such as putting the most impactful items in the plan, the make-up and size of the Committee, and reaching out to the Community for input. Town Manager John Curran recommended to the Board that they draft a letter to the Planning Board outlining their concerns relative to the make-up of the Committee and further stated he would do it including all concerns mentioned this evening.
SEPTEMBER 22, 2014 PAGE 4 MINUTES AUGUST 12, 2014 REGULAR SESSION Chairman Michael Rosa offered the following amendments to the Minutes; at the beginning of the Minutes add Chairman Michael Rosa called the meeting to order at 7:00 p.m., on the section on adjourning into Executive Session, change to read in accordance with MGL Chapter 30A, Section 21, #2 for the purpose of strategy with respect to contract negotiations with nonunion personnel, Town Counsel, and add the chair stated we will have a roll call vote to go into Executive Session. approve the meeting minutes of August 12, 2014 as amended. AUGUST 12, 2014 EXECUTIVE SESSION Chairman Michael Rosa offered the following amendments; change Chairman Rosa served as negotiator for the Board to Chairman Michael Rosa served as a conduit for the Board; and after Selectman Simolaris motion to make the offer to Kopelman and Paige, the Chair stated we will have a roll call vote to go into Executive Session, on page 2 change to Chairman Michael Rosa served as a conduit for the Board and Mark Reich who was not present in the Executive Session, on page 2 on the last two items in the minutes add the Chair stated we will have a Roll Call Vote, and on page 2 change the Board adjourned into Regular Session to the Board returned to Executive Session. approve and release the Executive Session Minutes of August 12, 2014 as amended. SEPTEMBER 8, 2014 REGULAR SESSION Chairman Michael Rosa offered the following amendments to the Minutes; on page 11 regarding the Lodge of Elks request for signs add to place 2 x2 corrugated cardboard signs and on page 17 under Executive Session add the Chairman called for a roll call vote.
SEPTEMBER 22, 2014 PAGE 5 approve the Regular Session Minutes of September 8, 2014 as amended. SEPTEMBER 8, 2014 EXECUTIVE SESSION Chairman Michael Rosa offered the following amendment add that Chairman Michael Rosa called for Roll Call votes on each of the agenda items. approve but not release the amended Executive Session Minutes of September 8, 2014. EXECUTIVE SESSION MINUTES TO BE RELEASED Secretary Andrew Deslaurier stated there were a number of Executive Session Minutes going back to 1998 to be released. Chairman Michael Rosa stated that they had an opinion from Town Counsel relative to the release of these minutes. The Board could go into Executive Session to review them, if needed, but they had all been approved and most of the Board was not sitting for those minutes. release the Executive Session Minutes of: August 11, 2014 May 19, 2014 December 2, 2013 November 18, 2013 July 29, 2013 December 5, 2011 April 12, 2011 June 28, 2010 September 28, 2009 January 26, 2009 September 8, 2008 June 12, 2008
SEPTEMBER 22, 2014 PAGE 6 March 3, 2008 February 25, 2008 January 28, 2008 January 7, 2008 November 19, 2007 November 5, 2007 July 16, 2007 May 21, 2007 May 3, 2007 April 17, 2007 February 5, 2007 January 8, 2007 December 18, 2006 September 12, 2006 May 15, 2006 March 20, 2006 February 27, 2006 January 24, 2006 December 19, 2005 June 20, 2005 June 6, 2005 May 24, 2005 May 23, 2005 May 9, 2005 April 25, 2005 December 9, 2004 September 24, 2004 August 16, 2004 July 12, 2004 July 15, 2002 May 20, 2002 July 17, 2000 June 5, 2000 May 15, 2000 March 20, 2000 December 6, 1999 August 2, 1999 June 29, 1998
SEPTEMBER 22, 2014 PAGE 7 OLD BUSINESS TOWN MANAGER REPORTS Mr. Curran outlined for the Board items on his Town Manager s Report. Mr. Curran discussed the meeting held on September 18 with National Grid relative to several issues. One of the items discussed was the replacement of poles in the Riverdale neighborhood without prior notification to the Water and Sewer Divisions of DPW which resulted in a waterline break and the loss to that neighborhood of water for several hours. Dig Safe was notified, but not the DPW. Mr. Curran further stated that it would be difficult to implement a local by-law for this matter since utilities are protected by statute; so it was agreed that National Grid would give 72 hours notice to the Town for removal of a small number of poles and a week s notice for the removal of 10 or more poles. Mr. Curran also updated the Board on the double pole situation in Town and the upcoming pole removal projects. Mr. Curran stated another matter discussed at that meeting was the Town s intentions of four new fire hydrants. National Grid has agreed to hold up the poles at no charge while the Town does this work. Chairman Michael Rosa explained that the markings on the utility poles alerts firefighters to the location of fire hydrants that can t be readily seen after a large snowstorm and the list that is being provided will help with the identification of fire hydrants in the winter should those poles have been removed. Town Manager John Curran stated that he had met with Woodard and Curran relative to the comprehensive Waste Water Management plan to expedite the build out of the plan. He further stated that Woodard and Curran are in the process of developing a new schedule of current costs for the Waste Water expansion. Mr. Curran also spoke about developing a policy for people without sewer and who will be in the 5% of those who will not get it to not contribute to that subsidy when it comes to the endpoint.
SEPTEMBER 22, 2014 PAGE 8 Mr. Curran stated that Middlesex III will be re applying for a CIC Challenge Grant for workforce development. Mr. Curran announced that the COA has a new Van from the LRTA at a value of $65,000.00 Mr. Curran updated the Board on the Town Hall window project and the challenges that are being presented by the PCB s found in the brick work. Town Manager John Curran commented on the Town Center Pedestrian Improvement project. He stated that the cones have been placed in the center for traffic monitoring and the Board will be updated on the results after a certain amount of time. Chairman Rosa asked when the results would be coming back to the Board so a decision could be made about the bump-out. It was decided the information would be available to report back no later than the October 28 th meeting or sooner. Selectman George Simolaris asked about the digging work being done where the raised crosswalk is during peak traffic hours in the morning. Town Manager John Curran stated he would meet with Engineering and see exactly what the schedule is and put something up on the website so residents will be aware of the work. Selectman John Piscatelli stated he felt that more should be done for residents who are paying into the sewer subsidy without receiving the service and would like to discuss it in detail at some point in the future. Selectman Daniel Burns stated there would probably be some short-term inconvenience during the Center project and asked about the use of the flashing sign warning motorists that they will be coming into construction in the Center and perhaps seek an alternate route. Town Manager John Curran stated he would look into it. Selectman Burns further stated the Town should look into other options for individuals paying into the sewer subsidy. Town Manager John Curran stated the sewer list has been expedited quite a bit and will be more accurate in letting people know where they are on the sewer list.
SEPTEMBER 22, 2014 PAGE 9 Chairman Michael Rosa stated they Town should look for ways to expedite the list more and looks forward to discussing the 5% that can never receive sewer and what can be done to assist them. Selectman Andrew Deslaurier stated he was pleased with the progress of sewering the Town. Chairman Michael Rosa explained about the delay in sewering. He stated that the Town had to do quite a bit of infrastructure work before they could could proceed with the sewer program. NEW BUSINESS ROSARY ON THE COMMON, SUNDAY, OCTOBER 12, 2014 Patricia McLean came to the podium to request permission to hold a Rosary Prayer Service on the Common on Sunday, October 12, 2014 at 3:00 p.m. Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Billerica Board of Selectmen approve the use of the Common on Sunday, October 12, 2014 at 3:00 p.m. for a Rosary Prayer Service contingent on the Traffic Safety Officer Report. MASS HOUSING, RE: HIDDEN OAKS, BILLERICA, MA CHAPTER 40B Chairman Michael Rosa stated that the Board received a letter from Mass Housing asking for comment on a proposed project of 80 condominiums at 74 Oak Street. Chairman Rosa further stated that typically the Board asks the Town Manager to draft a response. Chairman Rosa stated he felt the impacts of 40B projects are detrimental to the Town, and should certainly let the state know this is something the Town does not support and to develop the 9.74 acres conventionally. Selectman John Piscatelli stated that this was probably the most appropriate time to re-enforce that this is something the Town does not want. Selectman George Simolaris stated that he knows the area where the proposed development would be put and thought that the condos would not fit well there and should be more conducive to the neighborhood and be kept to a minimum.
SEPTEMBER 22, 2014 PAGE 10 Selectman Daniel Burns stated he too felt it was time to clamp down on these projects. He further stated that these projects should have septic systems and not be tied into Town Sewerage. Selectman Burns asked if the Town could confer with Town Counsel on 40B s not tying into Town Sewerage. Town Manager John Curran explained the process of a 40B. He stated it was very difficult, though not impossible to stop a 40B. He explained the State ignores local zoning. Their focus is the mission of a 40B to promote affordable housing. Mr. Curran stated that under the changes enacted in the last 10 years a Town can limit the amount of activity as reason for denial. Mr. Curran stated the Town should develop a strategy to look at proposed and work with the ones that will meet the Town s objectives. Mr. Curran suggested meeting with Town Counsel to develop a strategy on how the Town wants to approach this issue and with the ZBA. The Board concurred with Mr. Curran s suggestion. Chairman Michael Rosa stated that this Agenda item did need a response by Friday. He further stated that items that the Town could cite for not having this particular project could be the Housing Partnership Guideline, the 380 units being developed on Rangeway Road which will greatly enhance the 10%, the process for getting a new project procurement plan, in addition to saying that the Town does not support this project and should be developed conventionally. Chairman Rosa stated that these two agenda items needed to be addressed and then move forward with a strategy. direct the Town Manager to draft a response on behalf of the Board of Selectmen to Mass Housing regarding the Hidden Oaks project in Billerica outlining their non-support for this project moving forward in particular to our local issues and on-going projects in Town.
SEPTEMBER 22, 2014 PAGE 11 MASS HOUSING RE: GRAYSTONE ESTATES CHAPTER 40B Chairman Michael Rosa stated this project is a 37 acre parcel to have 28 single family homes built on it. Chairman Rosa stated he would entertain a motion similar to the previous agenda item. Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Billerica Board of Selectmen send a response to Mass Housing regarding the Graystone Estates 40B project outlining on-going activity in Town regarding this 40B as well as their Housing Development Planning. CYSTIC FIBROSIS FOUNDATION S ANNUAL GREAT STRIDES, SUNDAY, MAY 17, 2015, 10:00 A.M. AT THE BOY S AND GIRL S CLUB Selectman Andrew Deslaurier, seconded by Selectman Daniel burns made a motion that the Billerica Board of Selectmen approve the Cystic Fibrosis Walk taking place on May 17, 2015 at 10:00 a.m. contingent on Traffic Safety Officer approval. BILLERICA PUBLIC LIBRARY FOUNDATION 18 TH ANNUAL WINE TASTING AT THE LIBRARY ON FRIDAY, OCTOBER 24, 2014 FROM 7:00 P.M. TO 9:00 P.M. Greg McClay came to the podium to request approval for this annual event. Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Billerica Board of Selectmen approve the one day license for the Billerica Public Library Foundation 18 th Annual Wine Tasting on October 24, 2014 from 7:00 p.m. 9:00 p.m. and waive all fees.
SEPTEMBER 22, 2014 PAGE 12 MASS STATE LOTTERY COMMISSION, RE: KENO TO GO GAME AT TURNPIKE MARKET, 509 MIDDLESEX TURNPIKE Chairman Michael Rosa stated the Town Manager put this on the agenda to make the Board aware of it. However, this was a recently issued liquor license and a show cause hearing will need to be held because they served a minor. Chairman Rosa stated he would like to have the Town Manager send a letter on behalf of the Board stating their concerns relative to this matter since they violated their liquor license within three months of receipt of it. Selectman John Piscatelli asked if the Board could deny the Keno License. Town Manager John Curran said that a letter could be written stating that the Board did not want it. Selectman John Piscatelli asked if the they could ask the applicant to withdraw their application. Chairman Michael Rosa responded that the Board had a limited amount of time to respond to the state; otherwise they will grant it. The Town has 21 days to respond and the letter was received on September 11. Secretary Andrew Deslaurier stated he did not feel the Board should mix the issues of Keno and the liquor violations because there are a very defined set of guidelines for liquor violations. Selectman George Simolaris asked if there would be any liability. Town Manager John Curran stated this was a letter from the Lottery Commission regarding the Board s opinion. The Board has no authority; therefore no liability. Chairman Rosa stated the concern is that if an establishment is going to be licensed for whatever reason you need to be cognizant of people of a certain age and those concerns should be made known.
SEPTEMBER 22, 2014 PAGE 13 Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Board of Selectmen direct the Town Manager to respond to the Mass State Lottery Commission request for KENO License for Turnpike Market, 509 Middlesex Turnpike Billerica. Include in the letter the Billerica Board of Selectmen s concern regarding the Administration of their current Liquor License. Selectman Daniel Burns stated on the motion that he did not want this to be a punitive action, but wanted to make clear there was a responsibility for every license issued and the Board will take it very seriously, especially since this was a new license and felt it was fair to inform the Lottery Commission. The vote on Selectman Deslaurier s motion was: VISION STATEMENT Chairman Michael Rosa stated that two things came out of the September 16 th work session; Goals and Objective and a Vision statement for the Town. Secretary Andrew Deslaurier stated that if approved, both the Vision Statement and Goals and Objectives will be on the Town s Website. Secretary Deslaurier read the Vision Statement: - Preserve our cultural heritage and embrace our future - Provide opportunities that attract a culturally and economically diverse population - Develop a top tiered school system - Preserve and enhance open space and recreation - Harness the full economic potential while maintaining the highest quality of residential life - Ensure town financial position is among the strongest in the state - Ensure efficient and effective government Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that this is the Vision Statement.
SEPTEMBER 22, 2014 PAGE 14 Selectman John Piscatelli stated that this was the first time the Board had developed a set of Mission Statements. Selectman Piscatelli explained the difference between Mission Statements and Goals and Objectives. Selectman Piscatelli stated that Mission Statements are a set of principles that live beyond the year-to-year goals and objectives. They guide the process of setting goals so they are always looking toward a longer term vision. TOWN MANAGER GOALS AND OBJECTIVES Secretary Andrew Deslaurier read the categories the Board had defined for the Town Manager s Goals. - Organization - Customer Service - Cost - Infrastructure - Master Planning - Economic Development - Personal and Staff Development Selectman George Simolaris stated that the September 16 th work session was a very productive session in setting goals that were important to the Town. Selectman John Piscatelli suggested that the Board summarize the Vision Statement and Objectives for presentation at Town Meeting. Selectman John Piscatelli, seconded by Selectman Daniel Burns made a motion that the Board of Selectman develop a summary presentation to review the aligned set of Vision Statement Principles and Objectives for FY15 and present it to Town Meeting.
SEPTEMBER 22, 2014 PAGE 15 APPOINTMENTS BOARD OF SELECTMEN BONDED CONSTABLE Chairman Michael Rosa stated there was a letter from Police Chief Daniel Rosa in support of John Pelletier for a Bonded Constable. appoint John Pelletier as a Bonded Constable. COMMISSION ON DISABILITY appoint Raymond Ellis to the Commission on Disability. appoint Richard Dellaricprete to the Commission on Disability. COUNCIL ON AGING (TWO REGULAR MEMBERS) appoint Barbara Flaherty to the Council on Aging as a full Board Member.
SEPTEMBER 22, 2014 PAGE 16 appoint Peter Rodriguez as a full Board Member to the Council on Aging. 0 - Opposed COUNCIL ON AGING (TWO ALTERNATE MEMBERS) appoint Marilyn Keating as an alternate Board Member to the Council on Aging. 0 - Opposed appoint Joseph Duggan as an alternate Board Member to the Council on Aging. MIDDLESEX CANAL COMMISSION appoint Charles Anderson to the Middlesex Canal Commission. WATER/SEWER OVERSIGHT BOARD 0 - Opposed appoint David Gagliardi to the Water/Sewer Oversight Board.
SEPTEMBER 22, 2014- PAGE 17 ANNUAL 2014 FALL TOWN MEETING WARRANT ARTICLES Town Manager John Curran stated that in the interest of expediency he had numerous handouts for the Board to move the process forward. He further stated he would like to give the Board an overview and go over the financial and free cash articles. Selectman John Piscatelli stated he would like to see the final warrant and article numbers associated with that warrant reflect the prioritization that the Board would like. Selectman Piscatelli asked that at the conclusion of the review he would like the Board to reflect their priorities that are set and reflect them in the lay out of the warrant. John Curran stated that it could be done; but the time to do that is before the preliminary warrant is set so there is no confusion between the preliminary and final warrant. Mr. Curran further stated that it also can be done on Town Meeting floor. Selectman Piscatelli stated he spoke to Town Counsel who indicated that the Board of Selectmen had the authority to do that, but would defer the discussion until the end of tonight s review. Chairman Michael Rosa stated that his intent was to go through the articles as they appear in the Warrant. If there is a discussion the Board would like to have after they are voted, then the Board can have the discussion and then vote on changing the layout for the Final warrant. Town Manager John Curran outlined for the Board the Financial Articles and what the Free Cash figure is. Mr. Curran stated that the Free Cash for the year that had just been certified is 6,985,100. The figure falls between the 3-5% that is recommended by the DOR. Mr. Curran reviewed for the Board the other income sources that are being used to fund the Warrant; an overlay surplus of 2.7 million dollars, a 1.6 million dollar appropriation for Debt Services, and a Bond Authorization of $800,000 for the Recreation Grant Article. Selectman John Piscatelli asked Town Manager John Curran if there were any DOR rules that precluded the carryover of Free Cash to the spring if all or a portion of it was not used now. Mr. Curran stated that that there were no rules either way. Typically a surplus would be designated to a Reserve Fund.
SEPTEMBER 22, 2014 PAGE 18 Mr. Curran stated that Articles 3, 4 and 5 are Union articles and these are the settlements for the one time expenditure of retro pay. Free Cash will be used for these articles. Mr. Curran further stated that on Article 5 To Fund Collective Bargaining Agreement IAFF Firefighters, this contract had recently been settled but had been rejected by the membership. Mr. Curran stated there would probably be no funding necessary as they would be going into Arbitration. He did not recommend withdrawing the article at this time. Mr. Curran stated that $113,000 was allocated for this contract. At the conclusion of the Warrant Article review an extensive discussion and question period ensued. ARTICLE 1 TO APPOINT ONE MEMBER TO THE BOWER S FUND recommend Article 1 to Town Meeting. ARTICLE 2 TO HEAR REPORTS OF TOWN DEPARTMENTS, COMMITTEES AND OFFICERS recommend Article 2 to Town Meeting. ARTICLE 3 TO FUND COLLECTIVE BARGAINING AGREEMENT NEPBA POLICE OFFICERS GROUP A PATROLMEN Town Manager John Curran stated this was $30,000 retro pay for that contract. Selectman Andrew Deslaurier, seconded by Selectman Daniel Burns made a motion that the Board of Selectmen recommend Article 3 to Town Meeting. 0 - Opposed
SEPTEMBER 22, 2014 PAGE 19 ARTICLE 4 TO FUND COLLECTIVE BARGAINING AGREEMENT NEPBA POLICE OFFICERS GROUP B SUPERIOR OFFICERS Town Manager John Curran stated that this was $60,000 retro pay for this contract. recommend Article 4 to Town Meeting. ARTICLE 6 TO AMEND VARIOUS FISCAL YEAR 2015 TOWN AND SCHOOL OPERATING BUDGET LINE ITEMS recommend Article 6 to Town Meeting as amended ($447,176.00). ARTICLE 7 - TO FUND FISCAL YEAR 2015 TOWN CAPITAL BUDGET recommend Article 7 to Town Meeting as amended ($750,000.00) ARTICLE 8 TO FUND THE PURCHASE OF A NEW AMBULANCE AND RELATED EQUIPMENT recommend Article 8 to Town Meeting as amended. ($38,000.00)
SEPTEMBER 22, 2014 PAGE 20 ARTICLE 9 - TO PURCHASE A NEW FIRE PUMP ENGINE recommend Article 9 to Town Meeting as amended ($600,000.00). 0 - Opposed ARTICLE 13 TO FUND THE TOWN HALL WINDOWS PROJECT recommend Article 13 to Town Meeting as amended ($1,000,000.00). ARTICLE 14 TO FUND THE REHABILITATION OF THE WATER MAINS PROGRAM recommend Article 14 to Town Meeting as amended ($1,000,000.00). ARTICLE 15 TO FUND THE INSTALLATION OF COMMERCIAL METERS AND THE UTILITIES SYSTEM recommend Article 15 to Town Meeting as amended ($850,000.00). ARTICLE 17 TO FUND THE DEBT STABILIZATION FUND recommend Article 17 to Town Meeting as amended ($1,641,673.00).
SEPTEMBER 22, 2014 PAGE 21 ARTICLE 18 TO APPROPRIATE OVERLAY SURPLUS TO THE DEBT STABLIZATION FUND recommend Article 18 to Town Meeting as amended ($2,720,172.00). ARTICLE 19 TO FUND THE DEBT STABILIZATION FUND recommend Article 19 to Town Meeting as amended. ARTICLE 27 PAYMENT IN LIEU OF TAXES AGREEMENT GENERAL LAYTEX SITE IN IRON HORSE PARK Town Manager John Curran recommended that the Board take no action on this article until Town Meeting. ARTICLE 34 TO AMEND ZONING BY-LAWS RE: SIGNAGE Chairman Michael Rosa clarified the point that the Board of Selectmen in conjunction with the Sign by-law Committee submitted this Article. Selectman Daniel Burns, in his capacity as Chairman of the Sign By-Law Committee read the following: At its meeting on September 18, 2014, the Sign By-Law Committee voted to withdraw Article 34 at this time. After extensive study and consultation with Town Counsel, we determined that the proposed changes are not sufficient to achieve the Town s goals in regulating the adverse impact of some types of signs without infringing on the rights of our residents. We believe that our work was further hampered by recent amendments to the State Building Code which were brought to our attention just last week. Given the short time remaining before this warrant
SEPTEMBER 22, 2014 PAGE 22 needs to be finalized, the Committee felt that the Town is better served by withdrawing the current proposal so that we can have more time to study this complex issue. The Committee is committed to solving this issue and we will continue to work towards developing a new proposal to bring to the Spring Annual town Meeting. Selectman Michael Rosa, seconded by Selectman Andrew Deslaurier made a motion to withdraw Article 34 but keep the Committee intact to continue work on the By-Law for the spring 2015 Town Meeting. ARTICLE 35 TO AMEND THE BY-LAW TO CHANGE PER CAPITA CONSUMPTION OF WATER Town Manager John Curran reviewed for the Board the proposed By-Law changes for Article 35. recommend Article 35 to Town Meeting. 0 - Opposed Chairman Michael Rosa stated that all of the Free Cash Articles should be kept together in the warrant. Selectman Andrew Deslaurier stated his opinion on the prioritization of the Free Cash & Petitioner Articles for this Warrant. In his comments, Selectman Deslaurier stated that during his tenure on the Board Petitioner Articles had always been put at the end of the warrant. He felt that to reorganize this warrant at this late date would be unfair but he would support it in the future. Selectman Daniel Burns stated his agreement with Selectman Deslaurier regarding the reorganization of the warrant articles at this late date, and discuss how it should be incorporated in future warrants. Selectman John Piscatelli asked if this was for petitioner articles or all articles. Selectman Daniel Burns stated it was for all articles.
SEPTEMBER 22, 2014 PAGE 23 Selectman John Piscatelli, seconded by Selectman Daniel Burns made a motion to move Article 23, Free Cash Snow and Ice to Article 3 of the Warrant. Chairman Michael Rosa stated he supported the sentiment of the motion but to move the one article would mix up the warrant. He further stated that the Board should set a policy relative to the Warrant to move all Free Cash articles whether Board or Selectmen or Petitioner Articles to the front of the Warrant. The vote on Selectman Piscatelli s motion was: 1 Favor 4 Opposed (Selectmen Deslaurier, Rosa, Simolaris, & Burns) Chairman Michael Rosa asked Mr. Curran that since the Town Manager was recommending Article 22 to the Land Bank Account, would he recommend Articles 19, 20 and 21 be withdrawn. Town Manager John Curran responded that he the believed the School Committee was going to withdraw their Debt Stabilization Article at their meeting this evening. Mr. Curran further stated his recommendation was for the funding Finance Committee articles go into the reserves. MEETING SCHEDULE The Meeting Schedule will be October 6, and 28, 2014 and October 7, 9, 14, 16, 21, 23 at 6:30 p.m. prior to Town Meeting if necessary. adjourn. Chairman Michael Rosa adjourned the meeting at 10:54 p.m. A TRUE COPY ATTEST Sue Aker, Recording Secretary