Board of Selectmen’s Meeting

December 19, 2011

A meeting of the Board of Selectmen was called to order by Chairman Melia at 7:00 PM, Northbridge Town Hall, 7 Main Street, Whitinsville, MA. Present: Messrs. Marzec, Nolan, Athanas and Ampagoomian. Also Present: Theodore D. Kozak, Town Manager.

The Pledge of Allegiance was recited by those present.

Approval of Minutes. November 14, 2011 –A motion/Mr. Nolan, seconded/Mr. Ampagoomian to approve the November 14, 2011 minutes as presented with the readings omitted. Vote yes/Unanimous.

Appointments/By the Town Manager. George Hamm, Special Police Officer. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to reappoint George Hamm, Special Police Officer, for a three-year term, effective January 9, 2012. Vote yes/Unanimous.

Citizens’ Comments/Input. None.

Oakhurst Retreat & Conference Center Property/Expansion of Heritage District/1) Vote to schedule a Special Town Meeting. Present: Barbara Gaudette, Planning Board, Kenneth Warchol, Historical Commission. Town Manager Kozak mentioned that at the last Board of Selectmen’s Meeting a discussion took place on expanding the Heritage District to include the Oakhurst Property located on Hill Street. In order for this to occur, the Board of Selectmen need to vote to schedule a special town meeting and the earliest date would be February 21, 2012. Ms. Gaudette mentioned that the Planning Board would like to extend the Heritage Zone to include the entire Oakhurst Property and also change the use regulations to allow for a mixed use. Selectman Ampagoomian said he spoke to Ken Warchol, Chairman of the Historical Commission, and was informed that the property has always been for non-profit use and asked whether or not it has to remain non-profit. Ms. Gaudette explained that she is aware of this stipulation and that AccessTCA has been taking the necessary steps to have their Attorney research the deed and property to see if the building and property needs to remain non-profit. That being said, Mr. Warchol mentioned that his commission is in full support of expanding the Heritage District to include the Oakhurst Property. Ms. Gaudette advised that it would be in the best interest of the town to move forward with the Special Town Meeting, especially since AccessTCA is willing to pay for it. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to schedule a Special Town Meeting for Tuesday, February 21, 2012. Vote yes/Unanimous. 2) Vote to open the warrant on January 5, 2012. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to open the warrant on January 5, 2012. Vote yes/ Unanimous. 3) Vote to close the warrant on January 12, 2012 @ 5 PM. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to close the warrant on January 12, 2012 @ 5:00 PM. Vote yes/ Unanimous.

Designer Selection Procedures/Vote to adopt. Town Manager Kozak reported they are moving forward with the Designer Selection Process for the Department of Public Works Facility. He explained that at a recent Building, Planning and Construction Committee meeting a question was asked if the Town had ever adopted procedures for a designer selection process and the answer was no. That being said, in order to move forward, Town Counsel has reviewed and provided model procedures for the Selectmen to adopt. Town Manager Kozak mentioned that Town Counsel added the following words in Item #2: “The Board of Selectmen and Building, Planning and Construction Committee” have awarding authority. A motion/Mr. Ampagoomian, seconded/Mr. Nolan to adopt the revised model Designer Selection Procedures provided by Town Counsel for the Town of Northbridge on December 19, 2011. Vote yes/Unanimous.

FEMA – Letter regarding Flood Map Revision. Present: Mark Anderson, Heritage Design Group and Andrew Chagnon, Conservation Commission Member. The Town Manager reminded everyone that this topic was previously discussed at the Selectmen’s Meeting on November 28, 2011 and at that meeting a question was asked as to who would sign the flood map revision application and he was advised that it would be the Chief Executive Officer (CEO) of the community [Chairman of the Board of Selectmen]. In the meantime, Mr. Kozak did more research on this matter and spoke to Town Counsel who recommended that the Northbridge Conservation Commission review the application and provide their comments/recommendations to the Board of Selectmen before proceeding. Mr. Chagnon then stated that the Conservation Commission held a meeting, which Mr. Anderson attended, to discuss this matter. Overall, the Commission did not have an issue with an application being made if an applicant has technical information available that indicates the flood maps are wrong in a particular area, however, Mr. Chagnon did point out that the Commission had a concern with certain language in the application that the Town was being asked to sign off on. He proceeded to read the problem language. “In addition, we [the Town] have determined that the land in any existing or proposed structures to be removed from the special flood hazard area [flood plain] are or will be reasonably safe from flooding as defined by [state law] and that we have available upon request by FEMA all analyses and documentation used to make this determination.” Mr. Chagnon noted that the language in the application implies that the “Town” is making the determination and he stated that the Town has not made any determination about this nor has the Town done any analysis to make any determination. Thus, without any detailed review of the information that was provided to them, the Conservation Commission is recommending that the Town not sign off on the application. Mr. Chagnon said that there was further discussion on that point, which involved the Commission suggesting to the applicant that if they really wanted the Town to sign off on the application, they [the applicant] should pay to have a 3^rd party independent review done so that the Town would have confidence that the information is accurate. Mr. Anderson said he may not agree with the Commission’s recommendation to the Board but he is willing to go forward with his client’s application to FEMA without the endorsement of the Board of Selectmen and let FEMA review this without the Board’s feedback. He also said that FEMA may question why the Board didn’t endorse the application because FEMA is the one that will make the determination; not anyone else. Comments from the Board: Selectman Athanas asked what the cost is to do a 3^rd party assessment and Mr. Chagnon responded that he didn’t know. Selectman Nolan stated that he is not for or against this but that his concerns came down to his failing to see whether revising the flood maps was an advantage or disadvantage to the Town. Mr. Anderson stressed that his client is not trying to change the Mumford River; they are just trying to report the facts that are on the ground. He explained that his client feels FEMA set the flood zone elevations too high so at his client’s direction they looked into it and did a more extensive engineering study of the Mumford River from The Shop up to Lackey Dam. Now they will submit their data to FEMA and let them review the hydraulic study and drainage analysis of the area and FEMA will make the decision whether to reduce the flood zone. FEMA says the flood elevation is 312 ft. and Mr. Anderson’s data indicates that it is 310 ft., which will lower it by two feet and drop some of the area out of the flood zone, which could in turn create some buildable areas. Selectman Marzec made a motion to support the Conservation Commission’s recommendation not to sign the application. Discussion on the motion: Chairman Melia commented that while it is a pro-business approach he was concerned that if the town signs off on the application is the town creating a potential liability issue for the businesses in the affected area if there are problems in the future. Though he hopes that everything works out for the applicant, the Chairman agreed with Selectman Marzec that the Board shouldn’t sign off on the application at this time. Mr. Kozak clarified the fact that the Conservation Commission is not opposed to the application but that initially he thought that the Board was required to sign the application and thus wanted the Commission’s input before doing so. Town Counsel has advised him that the Board is not required to sign off on the application but there may be a question of potential liability. He said the Board can address any questions from FEMA and remain neutral. Mr. Chagnon explained that there is a provision for the applicant to move forward without the Board’s endorsement, however, the applicant must show proof that they tried to get the Town to sign off on the application. FEMA makes each community responsible for managing their own flood plain areas because there are impacts. Though he doesn’t feel a change in the flood map will create more buildable land because the land can already be built on but there are performance standards for what happens in a flood plain: if you fill flood plain you must provide compensatory storage and those performance standards will go away. Another thing that will go away is that anyone who is required to have flood insurance in the affected area will no longer be required to have flood insurance and that is where Mr. Chagnon agrees with Chairman Melia. It could open the Town up to liability in the future because of FEMA’s language in the application that says “we, the town” have determined. He also pointed out that if there was an error in the report or if there was some information out there that is unknown and there was a flooding problem later on could somebody came back to the town and say that the town signed off on this and made a determination that these areas were reasonably safe from flooding. Chairman Melia stated that this item was under discussion on November 28, 2011 and again tonight so it would need a 4/5 vote in order to move it to decisions. Town Manager Kozak interjected and said that he didn’t feel a motion was necessary because there was no decision to make so he advised the Board to table it and they could take it up in the future if they have to. Mr. Anderson then requested that the Board make a decision tonight so his client can move forward. He would prefer that the Board vote to either endorse or not endorse the application. Chairman Melia then explained that the Board doesn’t have an issue with endorsing the application but they do have an issue with signing the application due to the inclusion of certain language as discussed earlier and the chance of opening the Town up to liability. Chairman Melia reminded the Board that they need a 4/5 vote to move this item to decisions for a vote. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to move this matter to decisions for a vote. Vote yes/Messrs. Marzec, Ampagoomian, Athanas, and Melia. Vote no/Mr. Nolan. A motion/Mr. Marzec, seconded/Mr. Ampagoomian to support the Conservation Commission’s recommendation not to sign the application presented to the Board as written. Discussion: Selectman Nolan stated that he would be happier not to take a vote, however, he wanted to clarify that he is against this either way and therefore he will be voting no. Vote yes/Messrs. Marzec, Ampagoomian, Athanas, and Melia. Vote no/Mr. Nolan. A motion/Mr. Ampagoomian to submit a letter of support for the applicant to proceed. He explained that this would only be a vote to support the premise of what Mr. Anderson’s client intends to do but that the Board would not be signing the application. There being no second, the motion dies.

Oliver Ashton Post #343 [Harry Berkowitz, Commander]/Liquor License Fee. Chairman Melia read aloud a letter that was sent in by Harry Berkowitz informing the Selectmen that the American Legion Quarters will be closed from January 15, 2012 to April 1, 2012, and therefore, are looking for the Selectmen to pro-rate their annual liquor license fee. Selectman Ampagoomian is in favor of supporting their request and feels that since the Board of Selectmen pro-rated the fee for Mill House Wine and Spirits, they should help out the Oliver Ashton Post #343 during their hardship. Chairman Melia stated that he does not support this and feels it would set a bad precedent. He explained the difference of supporting the Mill House Wine and Spirits and not the Oliver Ashton Post was that Mill House Wine & Spirits will not be open for business until spring/summer time and they are spending millions of dollars to renovate the Linwood Mills to create tax revenue, jobs and housing for the Town. Selectman Nolan explained that if the Board were to approve the American Legions request, they would have to do the same for the golf courses in Town, since they too are not open during the winter months. With that being said, he announced that he cannot support their request to pro-rate their liquor license fee. Selectman Athanas concurred with Selectman Nolan.

Town Manager’s Report. 1) Solar Energy Proposal: The Town has been approached by DG Clean Power, LLC to propose a major solar development on a 32-acre site off Milford Road in Grafton [frontage in Grafton/solar development in Northbridge—See Map attached]. The company wishes to build a 2.5 megawatt project worth seven million dollars and would like to negotiate a net metering agreement with the Town to purchase this power as well as a payment in lieu of taxes agreement for Real and Personal Property. Both agreements would be for a 20-year period. The project will be financed through Con Edison. Town Manager Kozak mentioned he would like to create a sub-committee to review this proposal and will be placing this item on a future agenda for discussion. 2) Code Red Contract [Reverse 911 system]: The Code Red contract has been executed and the Town should begin using the system after the first of the year. 3) Presentation of Holiday Wreaths: a) Evergreen Center—staff and residents of the Evergreen Center in Milford presented the Town Manager with a wreath made by their clients. b) Senator Richard Moore presented a wreath to the Veterans Agent on Thursday, December 15, 2011, as part of the Wreaths across Worcester and Norfolk Districts in honor of deceased veterans and in recognition of the national program. 4) Fire Truck Update: The Town Manager awarded the contract for a new pumper to Bulldog Fire Apparatus in the amount of $453,878.00. The truck should be ready for operation by the summer. 5) Toys for Tots Donations: Once again the Blackstone Valley Detachment 911 Marine Corps League is conducting a Toys for Tots collection. The deadline for donations is Thursday, December 22, 2011, however, if there continues to be a need please contact Bill Audette at 508-234-8032. 6) DPW Projects/Update: a) The leaf collection program has ended. b) The DPW is in full swing preparing for winter storms. c) The DPW has received the second of their new trucks. Town Manager Kozak mentioned that the Highway Department is looking for individuals who have a Commercial Drivers License but they don’t own a truck to plow snow. If you don’t have a truck and would like to plow snow, please contact the DPW Director James Shuris. d) The Ross Rajotte Bridge repair project is now complete. e) The DPW Director is working to restore lighting to the WWII Memorial and also working with Bill Audette to install solar lighting at the new Vietnam Memorial. 7) Town Hall Preservation Project –McGinley Kalsow & Associates of Somerville, MA was selected to perform Preservation Professional Services to study of the condition of the Town Hall windows and building exterior. Matching grant funds were received from the Massachusetts Preservation Projects Fund through the Mass Historical Commission. 8) He advised that at a previous held Board of Selectmen’s meeting, the Town Accountant mentioned the possibility of refinancing the Mass. School Building Authority[MSBA] loan for the High School and that the Treasurer’s Office will be working with the bank to see if we can get a better rate. After contacting the MSBA in Boston, they discussed the possibility of receiving a balloon payment for their share and Town Manager Kozak advised that he received a phone call last Friday from the MSBA stating the Town of Northbridge will be getting this balloon payment.

Selectmen’s Concerns. Selectman Ampagoomian 1) Suggested reviewing the water rates for both residential and commercial. Town Manager Kozak stated that he and the DPW Director will review them and provide the Board of Selectmen with their recommendations. Selectman Athanas 1) Asked if there was an estimated time of completion for the bridge work being done on Providence Road. 2) Extended his wishes for a Merry Christmas, Happy New Year, Happy Holidays, Happy Hanukkah to all. Selectman Marzec 1) Extended his condolences to the Susienka family on the recent passing of Rudy Susienka -former building inspector. 2) Wished everyone a Happy Holiday season. Chairman Melia 1) Mentioned there was an article in the Telegram and Gazette regarding a group called “The Forest Preservation Group”. This group comes into your town and cleans up all the dead trees and brush in the forests. Town Manager Kozak mentioned there was an article in the Telegram & Gazette about asking the state to pass legislation to put together proposals for towns to utilize and hire companies to come in and clean up the forests. 2) Announced the next Building, Planning and Construction Committee is scheduled for January 5, 2012 and mentioned that he would like the Chairman of the BPCC to provide an update at the next Board of Selectmen’s Meeting of January 23, 2012. 3) Offered his condolences to the Susienka family on the recent passing of Rudy Susienka. 4) Wished all Northbridge residents a Merry Christmas and Happy New Year. Selectman Marzec Mentioned that there are several towns that are now looking into the possibility of “Remote Access” for meetings and suggested this item be researched and placed under discussions at a future Board of Selectmen’s meeting.

A motion/Mr. Marzec, seconded/Mr. Nolan to adjourn the meeting. Vote yes/Unanimous.

Meeting Adjourned: 8:09 P.M.

Respectfully submitted,

James Marzec, Clerk

/dmg

LIST OF DOCUMENTATION

BOARD OF SELECTMEN'S MEETING – OPEN SESSION

December 19, 2011

APPROVAL OF MINUTES. A. Copy of November 14, 2011 minutes.

PUBLIC HEARING. None

APPOINTMENTS/By the Town Manager:

B. No documentation.

CITIZENS’ COMMENTS. None.

DECISIONS

C. 1) Copy of Memorandum dated December 14, 2011 from Gary Bechtholdt Town Planner. 2) Copy of Special Town Meeting information. 3) Copy of letter from Access TCA requesting a Special Town Meeting.

D. Copy of Designer Selection Process/Procedures.

DISCUSSIONS

E. 1) Copy of email dated December 15, 2011 from the Conservation Commission regarding the FEMA Floodplain Adjustment application. 2) Copy of FEMA – Letter of Map Revision document

F. Copy of letter from the Oliver Ashton Post #343 requesting reduction of their 2012 Liquor License fee.

TOWN MANAGER’S REPORT

G. 1) Solar Energy Proposal – Copy of map.

2) Code Red Contract – No documentation.

3) Evergreen Center/Presentation of Holiday Wreath – No documentation.

4) Fire Truck Update– No documentation.

5) Toys for Tots Donations – No documentation.

6) DPW Projects/Update – No documentation.

7) Town Hall Preservation Project – Copy of email from Gary Bechtholdt.

SELECTMEN’S CONCERNS-No documentation.

ITEMS FOR FUTURE AGENDA-None

CORRESPONDENCE-None