HomeMy WebLinkAbout2008-10-06 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 6,2008
EXECUTIVE SESSION: The Executive Session convened at 6:30 p.m.
ATTENDANCE: The following were present: Chairman Rosemary Connelly Smedile, Clerk Mark J.T.
Caggiano; Daniel P. Lanen; Tracy M. Watson; Mark Rees,Town Manager; Ray Santilli,Assistant Town
Manager. Richard A. Nardella was absent
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 4-0.
Pending Litigation
Orchard Village 40B appeal
Town Counsel Thomas Urbelis, ZBA members Albert Manzi III, and Ellen McIntyre were present to
discuss this matter. Town Counsel informed the Board of the current status of the 40B Orchard Hill
appeal. The applicant is planning to develop 32 single-family dwellings on a 7.78 site located on Turnpike
Street and Chestnut Street. The applicant claims that the ZBA's various stated conditions were unlawful,
were not consistent with local needs, and make the project uneconomical.
Town Counsel said there are eight issues and challenges that need to be resolved but probably seven
issues can be solved with language changes. One major concern is a need for a water pump station.
Water Superintendent Timothy Willett filed a report stating that the water pressure in that area would not
be sufficient to sustain more housing. The ZBA decision was to set a condition that required the
installation of a water booster pump station at the applicant's expense per the DPW's recommendation if
required. The developer objects to this expense because the water pump would not be a problem in the
developer's opinion.
In the course of the litigation, The Town's consulting engineers Sampson and Weston did an analysis of
the water pressure showing that the water pressure would drop below 20% and that the rest of the
residents in the area would be harmed by this project if the developer does not have to install a water
pump. The ZBA wants to know how the Town wants to proceed.
Albert Manzi explained that according to Water Superintendent Timothy Willett the pump station
estimated cost would be about$200.000, 75-80% of it infrastructure, and the remainder being the size of
the pump. At the ZBA's last meeting the Mediator said that the developer was willing to do something to
bring it up to state code, but pressure should be around 35%. So the issue is whether the Town wants to
require the pressure to be as it used to be before the development goes in or to allow the developerjust
bring it up to state code.
Mark Caggiano said that if the Town ends up paying for the water pump, then it is going to be much more
expensive than if the developer pays for it. The Town won't really be paying for this; it will be the water
users and the new owners of these units charged through Betterment charges. There are two ways to
look at this and to present them with this scenario. If the Town takes this cost on they will be charging
municipal construction rates or if the developer takes this on they will be charging developer construction
rates. This would increase the cost by at least 50-100%.
The Board agreed to have Town Counsel and ZBA members handle this matter and report back to the
Board.
Note: Daniel Leman recused
Bargaining with Union Employees
^ Transfer of Licensing
The Town Manager recommended transferring the Licensing to the Town Manager's office in order to
relieve the Town Clerk's office with more time for their additional work. With this change the
Administrative Assistant would be required to work more hours and take on additional duties assigned to
the Licensing process and would factor in an upgrade in position from a grade 8 to a grade 9.
Selectmen asked the cost to transfer the Licensing from the Town Clerk's office to the Town Manager's
office. The Town Manager said it would cost about$4,000 and the money was in the budget.
Daniel Laren made a MOTION, seconded by Tracy Watson, not to support the Town Manager's
recommendation. No vote was taken.
Selectmen said that the Town cannot spend anything now and that this item should be TABLED.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by Daniel Laren, to move out of Executive Session. Vote
approved 4-0.
Respectfully submitted,
Adele J. Johnson,Administrative Secretary