Board of Selectmen Minutes
February 19, 2008
Selectman Alan Ryan entered a motion to appoint Selectman Michael Collins as acting Chairman due to the delay of the arrival of Chairman Arcudi.
MSDV to appoint Selectman Michael Collins as acting Chairman until the arrival of Chairman Arcudi. Michael Collins – Aye, and Alan Ryan – Aye.
Acting Chairman Collins convened the meeting at 7:00 p.m. and moved into the agenda. Present: Selectman Michael Collins, Selectman Alan Ryan, Town Coordinator Eugene Phillips, and Executive Assistant Patricia Goodwin.
A review of recent correspondence took place. Coordinator Phillips received an engagement letter for appraisal services to be conducted next week for the property located at 8 Depot Street. A letter from Police Chief Costanza provided information regarding the impact to the department if the Draper Complex plans were to go forward. The MassDEP awarded the town a Municipal Sustainability Grant for which the town will receive 250 waste reduction bookmarks and 1 toolkit. The total value of this grant is $260. The selectmen received a copy of the Central Mass. Mosquito Control Project Annual Report for 2007. Fire Chief Garland received a letter and invoice from Clean Harbors for the groundwater sampling performed at the Fire Station on January 16th. Coordinator Phillips
commented that he had been called to the school, due to a 5-7 gallon oil spill created upon delivery of oil. The spill was cleaned up with no impact. The Arc of Innovation organization sent a copy of the WaterSmart Indicators report which tracks water trend usage for the 495/Metrowest corridor.
A motion was entered to turn the chair over to Chairman Arcudi who arrived at 7:05 p.m. Michael Collins – Aye, and Alan Ryan – Aye.
MSDV to approve the executive session minutes of January 7, 2008. Michael Collins – Aye, and Alan Ryan – Aye.
MSDV to approve the executive session minutes of January 22, 2008. Lou Arcudi, Chairman – Aye, and Alan Ryan – Aye.
MSDV to approve the regular and executive session minutes of February 4, 2008. Lou Arcudi, Chairman – Aye; Michael Collins – Aye, and Alan Ryan – Aye.
Coordinator Phillips requested that a copy of the agenda for the Board of Selectmen meetings be placed onto the town website on the Friday prior to their meetings. His assistant will enter these.
Chairman Arcudi acknowledged the receipt of a letter from Fire Chief Garland regarding the recent resignation of Lieutenant Daniel Lopez from the Call Fire Department effective February 5, 2008. He has served nine years with the Hopedale Call Department and has accepted a position in his hometown of Upton on its Call Department. Appreciation from the Board was expressed for his service and well wishes were extended by all. Mr. Phillips will send a letter of thanks to Mr. Lopez on behalf of the Board.
Coordinator Phillips discussed the receipt of the Regulatory Agreement and Declaration of Restrictive Covenants for the Oak Knoll Estates 40B project. At the January 7th Board meeting the selectmen had voted to approve the document contingent upon the state DHCD approval of same with the additional restrictive deed language added by Town Counsel. As Chairman Arcudi served as a member of the Zoning Board of Appeals at the time the Oak Knoll Estates project was first proposed, he suggested he recuse himself from the signing of the document.
MSDV to appoint Selectman Alan Ryan as acting chairman for the purpose of signing the Regulatory Agreement and Declaration of Restrictive Covenants for the 40B project known as Oak Knoll Estates, by project sponsor Dav-Gorb Associates, Inc., dba DLG Associates. Michael Collins – Aye, and Alan Ryan – Aye.
A motion was entered to open the Annual Town Meeting Warrant, to be closed April 21, 2008, for the Annual Town Meeting scheduled for May 20, 2008. In addition a motion was entered to open the Special Town Meeting Warrant, to be closed April 21, 2008, for the Special Town Meeting to be held on May 20, 2008.
MSDV to open the Annual Town Meeting Warrant and the Special Town Meeting Warrant, both to be closed as of April 21, 2008 for the purpose of conducting the Annual Town Meeting scheduled for May 20, 2008. Lou Arcudi, Chairman – Aye; Michael Collins – Aye, and Alan Ryan – Aye.
Coordinator Phillips continued a discussion regarding Harmony Estates. The Phase I report for Parcel A is not yet ready. The report reportedly has been completed, but requires a signature from Lou Guerriere of Guerriere and Halnon, who is away until Monday, February 25th. In the meantime, Mr. Phillips has requested a draft copy of the report. The deadline for receipt of the report and the deeds for the Harmony Roads and additional parcels is March 3rd based on the date of the last Special Town Meeting. Mr. Phillips noted he is in possession of a draft copy of the deeds from the attorneys.
Chairman Arcudi moved to old business and requested an update regarding the complaint by Hopedale Street resident Joanne Francis with reference to the parcel of land abutting her property which is owned by an industrial business. Ms. Francis says workers at the business have been dumping debris on the property. Coordinator Phillips commented that another resident had complained as well and that Mike Tusino, Building Commissioner and Zoning Enforcement Officer, had visited the property. Mr. Tusino has issued a cease and desist order for the work and storage on the site. There has been leaching of stored materials on the property, which has been running down the hill. The Conservation Commission had sent a letter to the owner a year ago. The property owner has 7 days to comply with the
order or seek a special permit for a variance. Chairman Arcudi inquired as to whether there were fines for violating zoning board rules. Coordinator Phillips responded that he was not aware of violation fines and that it was Mr. Tusino’s responsibility to follow up on the cease and desist order regarding compliance and that the Zoning Board acts as an enforcement agency to the Planning Board. Therefore, the Planning Board could choose to hold a public hearing regarding enforcement fines. Any fine schedule would need to be approved at town meeting. Coordinator Phillips will contact Ms. Francis after speaking with Mike Tusino.
A discussion continued regarding the Mill Street Bridge. Heavy rains and melting snow have delayed repairs. Water has twice breached the temporary dam created upstream on the Mill River. The contractor has stopped work on the bridge and has indicated he might prefer to stop work until the water level drops in the spring. Two temporary drain pipes were found floating in the river by the golf course and need to be replaced. Selectman Collins stated that the stopping of work is unacceptable and the other members agreed. Coordinator Phillips commented that the contractor wants to install a 5’ diameter pipe as a replacement for the two pipes originally installed as they were insufficient for the flow. The contractor has stated that the reasons the pies failed was excessive water due to
a 10-year rain/melting event. Mr. Phillips stated the contractors and engineers should have planned for a 25-year rain event. Mr. Collins said the project has had poor engineering and planning in addition to having a small workforce on site. Mr. Phillips noted there is a new engineer visiting the site. Working with the town, the engineers will identify when they will need two days of low flow. At that point, Mr. Phillips will ask dam owner Phil Schwachmann to lower the dam flow at the Freedom Street dam so that the pipe may be installed at the Mill Street dam. Chairman Arcudi expressed his concern with the delay and the original November completion date. Coordinator Phillips felt that it would still be possible to complete the work on the bridge by that date. He has requested an increase in the workforce. Work will continue on the footbridge this week. Selectman Collins will visit the site with Coordinator Phillips
tomorrow.
All the proposed 2009 budgets have been received. They will need to be compiled onto one spreadsheet. At their current proposal rates, the budgets would put the town in a deficit of about $1 million. Jim Carroll of the Finance Committee indicated that the amount of free cash recently certified by the State is more than double last years’ of approximately $131K, with this years’ being approximately $271K.
With no further business before them at 7:40 p.m. a motion was made by Selectman Ryan and made unanimous by Chairman Arcudi and Selectman Collins to enter into executive session only to reconvene should Chad Boardman of Greene Mill Estates arrive prior to 8:00 p.m. to discuss the deeds and Parcel A site assessment. RCV: Louis Arcudi Chm. –Aye; Michael Collins – Aye; and Alan Ryan –Aye.
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Louis J. Arcudi III, Chairman Michael E. Collins
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Alan J. Ryan
Hopedale Board of Selectmen
Moved, Seconded, Discussed and Voted **Roll Call Vote
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