The Board of Selectmen met this evening with Clerk Patricia Hunt presiding. In attendance were William Hardin, Frederick Clark, Patricia Webster and Town Adm. Kevin Paicos. Chairman Jeffrey Tufts absent due to illness.

On Hardin’s motion, seconded by Webster, the Board voted 3-0-1 to approve General Minutes dated 9/29/97, as amended. Clark abstained.

Hunt read the proclamation. On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve the Old Colony Hospice Proclamation.

C. Walsh, T. Churn, A. Roscoe, L. Costa, R. Hill, J. Levit, D. Conley in attendance.

Walsh read from a prepared statement referring to maps/plans previously submitted to the Board. Hardin noted RE: transferring land ownership to another, he would rather maintain ownership of the land and allow the drainage easement on the Town owned land. Hardin noted that this way the Town maintains control over the property. Clark noted he thought the Church wanted a drainage scheme with an easement across lot 24 to alleviate the problem. Roscoe noted that in trying to satisfy the neighbors concerns he had to relocate the septic onto Lot 28 instead. Roscoe noted this parcel is land locked and the Church/neighbors will prefer joint ownership of the property. Clark questioned if there was a cross section of improvements in that area Roscoe noted yes, on the site plans already submitted and explained same. Clark noted he wants to see the entirety of lot 24. Clark questioned RE: septage disposal why driveway land couldn’t be utilized. Roscoe noted the soils are not very good on that land. Roscoe explained the split proposal of parcel A under strict control of the church and parcel B the church will be a member of the neighborhood Trust. Clark questioned the affect of drainage moving off that site, downstream. Hill noted the drainage will go into the Shagbark septic system already in existence and should be able to handle this. Hill noted that he is satisfied there will not be a negative impact on neighbors down the street, in fact, it will improve the neighbors drainage problems. Roscoe noted that all abutters to that parcel belong to the Trust and will hold a Covenant on the land to protect the land for the future. Hunt noted that Lot 24 is owned by the Town. Hunt noted that parcel A and parcel B of Lot 28 was originally wanted by the Church for drainage. Hunt noted she also wants to see a full plan on lot 24. In response to a question from Hunt, Hill gave a brief explanation of what is happening currently with drainage. Hunt noted the need for parcel A to construct a water interceptor, but she noted she is not sure why parcel B needs to be conveyed, and doesn’t see the public purpose. Hunt noted there will need to be a document of Trust drawn up and reviewed by Counsel, and not at the Town’s expense. Hunt again noted this doesn’t seem necessary. D. Conley noted he had been told the Town was going to put in drainage swales to alleviate the drainage problem and he doesn’t want the church to get this land five years from now and expand the building. Hill noted he wants to install further drainage to hook up with the existing Shagbark system. J. Levit noted that ConCom doesn’t want to maintain that land and J. Grant thought it would be better served by being owned and maintained by the neighborhood. Levit noted Old Foundry St. has drainage problems too, and having this land will help as green space and will protect further drainage issues for the Old Foundry neighbors. Hardin RE: parcel B noted he would rather the Town own that land than an individual, and he also sees no public purpose in selling parcel B. Webster noted she had no problem with parcel A going to the Church but not parcel B, again stating there is no public purpose. Levit noted he saw this as a "whole package" and is concerned that the church will come back later and with a changed Board of Selectmen, they may sell this land to the church. Levit again stated he would rather the ConCom hold this land. Levit noted that if the church is getting parcel A, he wants to see parcel B held by ConCom in order to protect that land from future building/use. Hunt noted that conveying Town land so that the Town can’t sell land at a later time is not a public purpose. Hunt noted the land agreement will run with the neighbors and what if someone decided to sell their property and the new owners didn’t want to deal with this, it could cause legal issues in the future. Paicos suggested asking if ConCom would agree to hold/own this land so it never gets built on and is under Ch. 40 protection. In response to a question from Clark, Roscoe gave an explanation of the cross sections, noting that they meet an Order of Conditions by ConCom. Clark expressed concern with the slope and child safety. Roscoe noted the gradual slope is allowed in the zoning regs and there is a need for an open system to collect the drainage. L. Costa noted that after Town Meeting approval Mr. Levit and Costa asked the Board not to sell the land to the church. Costa noted that since that time the neighbors worked together to have a deal and they want to stick with it. Costa noted she is not sure why now parcel A is OK to be sold, but not parcel B. Costa noted that if ConCom can take over ownership of parcel B that would be OK. Costa noted she doesn’t want it just left in general Town land ownership with no guidelines. Costa noted there will be other issues that will come forward as other neighbors want more land or the church wants to expand. Hunt noted she doesn’t agree that transferring this land to individuals is safer than the Town owning this land. Hunt noted she is glad the sale is now just for a piece of land for a drainage system, and not the whole lot being asked for. Hunt noted this is now more palatable. Hunt questioned if the DPW reviewed the drainage calcs with the proposal on that land. Hill stated yes. Webster’s motion, seconded by Hunt, to support the concept of allowing an RFP to be drafted for disposition of Parcel A for use of a septic system only with the condition of the drainage system being constructed in back of lots 24 and 28, and the Church to pay all costs for this, was not voted at this time.

Levin asked the Board to add to the motion that the ConCom hold parcel B. Paicos noted that he will sit with Special Counsel McGregor and have them work out the details on drainage and maintenance. Paicos noted the Board needs a legal agreement, a subdivision plan, and a plan for drainage. Paicos noted he will ask Counsel if the Board need to go through the procurement process. Paicos will ask Counsel if the land could be transferred with the costs of the Engineering, construction and maintenance being provided in turn. Hardin noted he would rather leave this all one parcel and may not need to split up this parcel. Clark noted he thought the church will take lot 28 and resolve drainage problems in the neighborhood. Clark expressed concern for the neighbors that the drainage won’t be resolved and the Board should tie resolution of the drainage to the entire sale/issue. Roscoe noted the neighbors want to maintain parcel B as a vegetative buffer. Levit noted the church/neighbors have worked as a partnership on all issues and he feels the Board is ignoring the issues of the Old Foundry neighbors. Levit noted Old Foundry neighbors do not agree with separating this and he hopes the Board understands this does not reflect the agreement worked out over a two year period. Levit asked the Board to stipulate that ConCom will take over this land and it will serve all three purposes the church, Shagbark and Old Foundry neighborhoods. Hunt noted that she felt the group was successful because the parcel is limited in size and a private party is constructing the drainage on two lots and maintaining this. Hunt noted this will alleviate drainage issues for the entire neighborhood. Hunt noted the only thing not being done is selling land to a few residents. Hunt noted she doesn’t want ConCom restriction on the land in case the Town needs to go on the land and construct a further drainage system for the Old Foundry area problems. Webster noted she doesn’t want building on that site, and also doesn’t want ConCom restrictions on the land until the Board is able to have a further discussion on this.

On Webster’s motion, seconded by Hardin, the Board voted unanimously to have a discussion with the ConCom RE: their feelings on parcel B and what restrictions there would be that would affect future drainage issues.

S. Leonard in attendance.

On Hardin’s motion, seconded by Webster the Board voted unanimously to approve a permit for a bonfire and a waiver of the $50. fee, to be issued by the Fire Chief.

R. Hill in attendance. Hill gave a brief explanation and recommended the Board approve the extensions.

Hill noted that the extension option was offered to all bidders, but some refused. Clark read a list of those that agreed to contract extensions. On Hardin’s motion, seconded by Hunt, the Board voted unanimously to approve the extension of DPW Bids.

Paicos reviewed and gave a brief explanation of the report previously submitted to the Board. Hunt stated that the purpose of this item was to discuss how Town/School building maintenance was to be addressed, and that the Board had told Town Meeting this would be done.Paicos noted that increased school budgets, set asides for capital and operating budgets, combined with decreasing State aid will equal the inability to keep up with capital projects money without increased revenue.

Paicos noted that setting priorities with capital budget proposals will be crucial. Paicos noted that this discussion with the Board will get reported to the Capital Planning Committee. Hunt questioned how DPW will address capital budget building maintenance issues. Hill passed out guidelines for building capital projects, and reviewed those guidelines with the Board. (see attached). Hill noted that he prioritized the remaining PFSC projects realistically. Hill noted that he wants to concentrate on one school at a time for major projects vs doing something at every school. Hill noted the proposed 5-year plan represents accurate costs of all projects and a feasible schedule to complete the #1 priority projects. Hill noted that wilh the limitations of personnel, this is the best, most realistic picture for the 5-year period. Hill noted the school in order of priority, would be Jr. High, OAHS, then Parkview, Center and Moreau Hall. Hill noted that in general the Town facilities are in better repair than the school facilities with the exception of the Town Office.

The proposal is $659,000 - ‘99; $832,700 - ‘00; $833,800 - ‘01; $852,600 - ‘02; $654,700 - ‘03.

Hill noted that for the first 4 years $120,000 each year is appropriated for playgrounds. Hill noted that he serves on the PFSC and there are different opinions on how and when projects will be done and sometimes What projects will be done. Hill noted as an example the alarm system at the Jr. High. Hill feels the system works OK but it doesn’t meet the ‘97 criteria nor would the High School or the other three schools, but there is no legal requirement to retrofit all schools for that and Hill doesn’t recommend doing this. Hill noted that some PFSC members would recommend this. Clark reviewed Hill’s guidelines line by line. Webster noted she thought the Jr. High repair and the ladder truck were high priorities based on the priority list last year by the Capital Planning Committee. Paicos briefly explained the requests for purchasing a Town kennel, photogrammetry, and purchasing football fields. Clark RE: aerial survey noted that the basic information can come from the utility company. Hill noted the Town already has that information. Paicos reviewed the process on how he actually comes up with the dollar amount available for capital expenditures. Paicos reviewed the ‘99 finance plan as it stands today prior to the operating budget being completed.

It was agreed that after the Board has seen the Capital Plan proposal the Board will hold another night for discussion and to ask M. Brockman to the meeting as well as R. Hill. Paicos distributed Hill’s 5-yer capital plan to the Board.

Hunt suggested reconvening the Central Maintenance Study Group to discuss long-term maintenance on buildings that money is being put into for major repairs. Hardin suggested reviewing the possibility of transferring control of the school buildings to the Town RE: maintenance. Hunt noted she will ask Chairman Tufts to reconvene the Central Maintenance Study Group; Paicos will give the Board the Capital Planning proposals; will ask Chairman Tufts to schedule a meeting with the Capital Planning Comm. Chair and Hill, with the Board for further discussion.

Paicos noted the three new cruisers from the State bid list, and it is recommended by both the Police Chief and himself. Paicos noted these are already funded by the Capital budget. Hardin’s motion, to approve the contract to purchase three cruisers from the State bid list, did not receive a second.

Hunt noted she wanted to see the specs. On Hardin’s motion, seconded by Webster, the Board voted unanimously to table this item to get the specs and a copy of the fleet list.

Paicos noted the MMA Regionalism Committee reviewed the letter he sent RE: affordable housing. Paicos noted that the Manufactured Housing Board established by the State has great interest in adding manufactured housing, i.e. mobile homes and modular housing, to our total affordable units for the Town.

Hardin questioned the status of Main Street. Paicos noted this is a State grant project and the State controls all aspects of the project after the design agreement. Hill noted the State will assign a resident engineer. Hill noted there were 15 bidders and the bid was awarded to Lorusso Corp. at $100,000 under the estimate. Hill noted the pre-construction conference hasn’t been held yet, and that the Town will participate in that meeting. Hill noted that he may offer to house the State field office at NEG. Hill noted that the contractor may be starting minor repairs /prep work now, but the major repairs won’t begin until spring. Hill noted that the Gas Co. has the obligation to bring the roadway up to standard.

Hardin questioned the status of Elm St. Hill noted the temporary overlay is done but one more is needed to be done. Hill noted this won’t be done until spring, just prior to having the construction begin on Main St.

Clark questioned the completion date for Main St. Hill noted it is an 18 month contract and most of the wait will be for signals. Clark noted the Selectmen voted on 10/20/97 to have the Town Adm. provide merit information to the Board and it hasn’t been received yet. Clark questioned the status. Clark also noted that a letter was sent to Attorney Inker for an opinion. Paicos noted that to calculate 20-30 people for three years is a large task. Paicos noted that the Chairman instructed him that the largest priority was the report handed to the Board on Friday RE: capital projects. Paicos asked that the Board prioritize the request. Hunt noted that as Acting Chair she requested the information for 30 days from this date.

Webster questioned the status of RFP for schools. Paicos noted they have already been mailed and publicly advertised, with a 2-3 week response time. Paicos noted he would put a copy of the RFP in the I&N.

Webster questioned the status of the senior tax program guidelines. Paicos noted they are 50% complete.

Hunt noted that Chairman Tufts stated there will be no meeting on 11/10/97, and the Monday after Thanksgiving 12/1/97.

At 10:17PM, on Hardin’s motion, seconded by Webster the Board voted unanimously by roll-call, to adjourn to Executive Session for the purpose of Litigation, not to return to Open Session.

APPROVED___________________________

DATED____________________________