Joint Capital Improvement Committee &
Finance Committee Minutes
Town of Bellingham – Municipal Center
Monday, September 13, 2010
1. FinCom Present: Carol Dill, Joseph Collamati, Raymond Szczepan, Gary Maynard, Toni Picariello
CIC Present: Mary Beth Cuomo, Joseph Collamati, Toni Picariello
2. FinCom Absent: Henri Masson, Roland Lavallee
CIC Absent: Judy Manning, Roland Lavallee
3. Meeting called to order: 7:20 p.m.
1. ARTICLE 4 - CAPITAL OUTLAY (OVER $50,000)
Department of Public Works - Dump/Salt/Plow Truck; $160,000; Free Cash. (Rescheduled from 8/9/2010)
From 8/23/2010 Minutes: Donald DiMartino explained that this truck was a 6-wheel dump truck. He is requesting a stainless steel body upgrade, since it will reduce rusting. Per his email:
Two new (replacement trucks) have been on the capital list for some time. This truck will replace and upgrade 1988 vehicle, we have another 1988 in the fleet in dire need or replacement.
The main upgrade is to a combination dump body. This allows the truck to be a viable dump truck during the snow season. The old V Salt body takes about a day to install or remove. The Combination body has a conveyor and spreader in a dump truck body, so with minimal work a salt truck can become a dump truck. The other upgrade is the belly plow. All of our newer salt/plow trucks of this size have this plow which is a very effective tool at scraping the street.
I have attached the sheet that summarizes the State Bid costs from Minute Man.
This is for an International truck to match the majority of our large truck fleet.
Roland Lavallee mentioned at last meeting that he would like to check the combination truck body out - Joseph Collamati spoke to Roland Lavallee and he said that he was waiting for information from contractors - this is an upgrade, a dump body, heavy parts and is stainless steel.
Joseph Collamati has no problem with the truck, just its V-body. It slides in and a V-body can come out. This is a new spreader and can be used as either a dump truck or sander. They would have to put in a metal plate to convert the sander to a dump truck.
Gary Maynard checked with Upton, Lakeville and the Mass Pike and they like the truck. It takes almost a day to convert the old sander to a dump and the new one would only take a few hours.
Capital Improvement Committee: Mary Beth Cuomo/Toni Picariello motion to recommend the Dump/Salt/Plow Truck. VOTE: 3/0.
FinCom: Raymond Szczepan/Carol Dill motion to recommend the Dump/Salt/Plow Truck. Funding: $160,000 from Free Cash. VOTE: 3/0.
ARTICLE 5 - CAPITAL OUTLAY (UNDER $50,000)
Department of Public Works - Dam Inspections; $25,000; Free Cash (Rescheduled from 8/9/2010)
From 8/23/2010 Minutes: Donald DiMartino explained that we need to get these dams inspected per State requirements. Toni Picariello and Roland Lavallee questioned what happened to Crystal Lake dam that was supposed to have been removed and that $40,000 was requested in August 24, 2009 for:
$25,000 is to remove the Crystal Lake Dam. $25,000 would cover design, engineering, permits and the removal.
$15,000 will be used for 2 more inspections. The Pearl Street Dam requires an update.
Donald DiMartino stated that the Conservation Commission filing is ready for the removal of Crystal Lake Dam. There is sediment that needs to be removed and they are waiting for an answer from the design engineer on how to remove the sediment so it does not wash into Silver Lake.
The Town is paying Pare Corporation $1,500 every 6 months for inspections. Roland Lavallee wants to see an expenditure breakdown from Marilyn Mathieu.
The 4 dams in Bellingham are:
- Silver Lake dam;
- Crystal Lake dam (west of Silver Lake);
- Charles River dam on Pearl Street; and
- Jenks Reservoir dam.
Status of these dams:
- Silver Lake Dam: rebuilt
- Crystal Lake Dam: breach in fall.
- Charles River Dam on Pearl Street: It will cost approximately $750,000 to fix this dam.
- Jenks Reservoir Dam: not high hazard, but needs repair.
Donald DiMartino will get us a summary of the requested $25,000.
Joseph Collamati/Raymond Szczepan motion to recommend the Dam Inspections. Funding: $25,000 from Free Cash. VOTE 5/0
2. ARTICLE 8 - HAMPTON COURT, KENSINGTON COURT, LEEDS LANE, OXFORD COURT & WHITEHALL WAY ACCEPTANCE (MARK A. KABLACK, ESQ.) (Meeting with Board of Selectmen on 9/13/2010 @ 7:45 pm)
THIS HAS BEEN RESCHEDULED TO OCTOBER 13, 2010.
Per Email from Attorney Kablack: Toni, thank you for your scheduling letter dated 9/4/10.~ Unfortunately, we have an unresolved issue with an abutter (Morse property) that has caused us to continue our PB meeting to 9/23/10 and our BOS hearing to 10/4/10.~ Is there a FinCom meeting that we could attend on or after 10/4/10?~ Thank you.
Mark A. Kablack, Esq. 508-366-2900 (phone)
Please note that there is an ongoing water problem with this development and residents and business owner on Center Street (F.E. Morse) - See emails back and forth between Department of Public Works, Toll Brothers, the Morses, and Planning Board.
NO ONE FROM THE BYLAW REVIEW COMMITTEE SHOWED UP TO THE HEARINGS.
3. BY: Bylaw Review Committee
ARTICLE 17 - BYLAW AMENDMENT §4.07.130 - CHAPTER 4. TOWN MEETINGS; Conduct Of Town Meeting; When Vote On Motion By "Yes" Or "No" Ballot
To see if the Town will amend Section 4.07.130 of the Town's General Bylaws by replacing the words "one hundred thousand dollars ($100,000)" with the words "five hundred thousand dollars ($500,000)" ;or act or do anything in relation thereto.
CURRENT: Section 4.07.130. When Vote On Motion By "Yes" Or "No" Ballot
Town Meeting may order that the vote on any Motion shall be taken by a "Yes" or "No" ballot.
No appropriation of one hundred thousand dollars ($100,000) or more for capital improvement or capital outlay shall be voted to be raised at Town Meeting except by a secret ballot; said ballot to be printed with (2) parts, one signifying a "Yes" vote and the other signifying a "No" vote; and said ballots to be made available, when and if needed to all registered voters present at Town Meeting.
Provisions of this article relative to secret ballot may be waived by an affirmative vote of nineteenths (9/10ths) of the registered voters present and voting.
Joseph Collamati/Carol Dill motion to recommend this Article. VOTE: 3/2 (Gary Maynard, Raymond Szczepan voted against)
CHAPTER 5 - FINANCIAL AFFAIRS GENERALLY
ARTICLE 20 - BYLAW AMENDMENT §5.04(A) - Granting Or Renewing Of Certain Licenses And Permits
To see if the Town will amend the first sentence of Section 5.04(a) of the Town's General Bylaws by replacing the word "annually" with the word "quarterly" ;or act or do anything in relation thereto.
CURRENT: Article 5.04. Granting Or Renewing Of Certain Licenses And Permits
(a) The Treasurer-Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments, and other municipal charges, hereinafter referred to as the "Treasurer-Collector", shall annually furnish to each department, board, commission, or division, hereinafter referred to as the "Licensing Authority", that issued licenses or permits, including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the "Party", that has neglected or refused to pay any local taxes, fees, assessments, betterments, or other municipal charges for not less than a twelve (12) month period, and that such Party has not filed in good faith a pending application of abatement of such tax or a
pending petition before the Appellate Tax Board.
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 5/0.
ARTICLE 21 - BYLAW AMENDMENT §5.05 - Appropriation Balances
To see if the Town will amend Section 5.05 of the General Bylaws by changing the source of authority for extensions of appropriations, so that said section will now read:
Any sum in any account established by appropriation and not otherwise governed by state statute which remains unexpended, or with respect to which the expenditure thereof has not been committed by contract, at the close of the second full fiscal year following its appropriation shall be closed and returned to the General Fund. However, the Board of Selectmen, upon the recommendation of the Chief Financial Officer and the Town Administrator may approve an extension in the time within which funds may be expended.
CURRENT: Any sum in any account established by appropriation and not otherwise governed by state statute which remains unexpended, or with respect to which the expenditure thereof has not been committed by contract, at the close of the second full fiscal year following its appropriation shall be closed and returned to the General Fund. However, Town Meeting may approve an extension in the time within which funds may be expended.
The Board of Selectmen can authorize that appropriation balances do not go back to the general fund.
Raymond Szczepan/Joseph Collamati motion to recommend this Article. VOTE: 5/0.
ARTICLE 16 - BYLAW AMENDMENT ARTICLE 10.02 - CHAPTER 10. LEGAL AFFAIRS; Settlement Of Suits And Claims; Payments In Excess Of Ten Thousand Dollars
To see if the Town will amend Article 10.02 of the Town's General Bylaws by deleting it and replacing it with the following:
Article 10.02. Settlement of Suits and Claims; Payments in Excess of Fifty Thousand Dollars
The Town of Selectmen may, at their discretion compromise or settle any claim or suit to which the Town is a party, provided that, settlements or compromises requiring the Town to pay a sum in excess of fifty thousand ($50, 000) dollars may not be made by the settlement unless such payment is: (a) required by an order or judgment of court or an order of binding arbitration; or (b) covered by insurance proceeds; or (c) approved by Town Meeting.
CURRENT: The Board of Selectmen may, at their discretion, compromise or settle any claim or suit to which the Town is a party, which does not require the payment by the Town of an amount in excess of ten thousand dollars ($10,000). No settlement of a claim or suit obligating the Town in the amount in excess of ten thousand dollars ($10,000) shall be made, except as authorized by law, without the consent of Town Meeting.
This authorizes the Board of Selectmen to settle lawsuits under $50,000 without Town Meeting approval.
Toni Picariello/Raymond Szczepan motion to recommend this Article. VOTE: 0/5 (Carol Dill, Joseph Collamati, Raymond Szczepan, Gary Maynard, Toni Picariello voted against this article)
ARTICLE 15 - BYLAW AMENDMENT §14.01.010 - CHAPTER 14. MISCELLANEOUS PROVISIONS AND OFFENSES; Junk Or Secondhand License Required; "Yard Sales"
To see if the Town will amend the Town's General Bylaws by adding a new provision, §14.01.010, as follows:
For the purposes of this bylaw, a "Yard Sale" shall be defined as the occasional sale of second-hand goods, by an individual, household or collection of individuals or households, at or adjacent to a place of residence. A Yard Sale shall not include sales that are a component of a business enterprise, which such enterprises shall be prohibited unless they are in compliance with zoning bylaws. A Yard Sale is permitted under this bylaw provided at least one week's prior written notice is provided to the Board of Selectmen, which may impose reasonable conditions regarding the scope, time and place of the Yard Sale. No individual, household or collection of individuals and households may have more than 4 Yard Sales per year.
Toni Picariello/Carol Dill motion not to recommend this Article. VOTE: 4/1 (Joseph Collamati voted to recommend).
CHAPTER 15. STREETS AND SIDEWALKS
ARTICLE 22 - BYLAW AMENDMENT §15.03.033 - Scenic Roads; Designated Roads
To see if the Town will amend Section 15.03.033 of the Town's General Bylaws by adding the following to the Town's designated scenic roads:
High Street from Maple Street to North Main
CURRENT: The following are designated as scenic roads:
Farm Street from Hartford Avenue (Caryville) to the I-495 Bridge
Maple Street from Hartford Avenue to Mechanic Street
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 5/0.
ARTICLE 10 - BYLAW AMENDMENT §15.03.043 - Scenic Roads; Relationship To Other Agencies And Authorities
To see if the Town will amend Section 15.03.043 of the Town's General Bylaws by adding the following language to the end of the existing bylaw provision:
and street opening permits.
CURRENT: Planning Board hearings shall be held in conjunction with any to be held by the Tree Warden acting under MGL Chapter 87. Consent to an action by the Planning Board shall not be construed as inferring consent by the Tree Warden under MGL Chapter 87, or vice versa, or of the Board of Selectmen in acting on curb cuts.
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 1/4 (Carol Dill, Joseph Collamati, Gary Maynard, Toni Picariello voted against this article)
ARTICLE 12 - BYLAW AMENDMENT §15.03.050 - Scenic Roads; Project Considerations
To see if the Town will amend Section 15.03.050 of its General Bylaws by adding a new subsection (m) which shall read as follows:
(m) Existing vegetation and or land use adjacent to the right of way
The FinCom thought this meant that no one could do anything to existing property.
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 0/5 (Carol Dill, Joseph Collamati, Raymond Szczepan, Gary Maynard, Toni Picariello voted against this article)
ARTICLE 11 - BYLAW AMENDMENT §15.03.050(F) - Scenic Roads; Project Considerations; Relationship of road design to the standards of the Planning Board Subdivision Regulations and of the Massachusetts Department of Public Works
To see if the Town will amend Section 15.03.050(f) of the Town's General Bylaws by replacing the word "DPW" with "Department of Transportation or its successor agency",
or act or do anything in relation thereto.
CURRENT: In acting on scenic road alteration proposals, the Planning Board shall take into consideration the following:
(f) Relationship of road design to the standards of the Planning Board Subdivision Regulations and of the Massachusetts DPW
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 5/0.
ARTICLE 13 - BYLAW AMENDMENT §15.03.060 - Scenic Roads; Compensatory Actions
To see if the Town amend Section 15.03.060, entitled "Compensatory Actions" of the Town's General Bylaws by replacing the text of the bylaw with the following:
In compensation for removal of trees protected under this Bylaw, the maximum practical number of trees shall be planted. The Planning Board shall determine the type, number of trees and the size thereof and may consult with an arborist, landscape architect or other qualified professional to assist in such determination.
CURRENT: The following shall normally be considered adequate compensatory action, unless modified by the Planning Board:
(a) Trees destroyed shall be replaced with nursery grade trees on the following basis (trees measured four (4) feet above ground):
Tree Removed Suggested Replacement
Up to 12" diameter 1 tree of 4" diameter
12" to 24" diameter 3 trees of 4" diameter
Over 24" diameter 4 trees of 4" diameter
Replacement trees shall be planted under the supervision of the Tree Warden and shall be planted as soon as construction activity and the season permit.
(b) Stone walls shall be replaced in kind on a new alignment, connecting with undisturbed walls wherever possible
Raymond Szczepan/Carol Dill motion not to recommend this Article. VOTE: 5/0.
ARTICLE 18 - BYLAW AMENDMENT §16.07 - CHAPTER 16. TRAFFIC AND PARKING; "Obstructing streets and ways"
To see if the Town will amend the Town's General Bylaws by adding a new provision, §16.07, as follows:
Article 16.07. Obstructing streets and ways
No person shall operate, stop or park a motor vehicle in a manner that obstructs a publicly accessible street or way or the access thereto. The Bellingham Police Department shall enforce the requirements of this bylaw and may adopt regulations with respect thereto.
Joseph Collamati/Carol Dill motion to recommend this Article. VOTE: 5/0.
ARTICLE 19 - BYLAW AMENDMENT ARTICLE 19.06 - CHAPTER 19. SEWER AND WATER; Traffic Control Lights
To see if the Town will amend the Town's General Bylaws by deleting Article 19.06 in its entirety and inserting the words "Article 19.06 Reserved" in its place ;or act or do anything in relation thereto.
CURRENT: This By-Law shall apply only to Traffic Control Lights that are requested by private parties to be installed on public property and that will become public property upon completion of the project.
This will be rescheduled for the September 20, 2010 meeting.
ARTICLE 14 - BYLAW AMENDMENT ARTICLE 20.05 - CHAPTER 20. COMMISSION ON DISABILITY; Annual Report
To see if the Town will amend the last sentence of Article 20.05 of its General
Bylaws so that it now reads:
The Commission shall meet at least ten times annually.
CURRENT: The Commission on Disability shall prepare and submit an annual report of its activities to the Town, which report shall be printed in the Annual Town Report. The Commission shall meet at least once a month.
Raymond Szczepan/Carol Dill motion to recommend this Article. VOTE: 5/0
10. CAPITAL - FIRE DEPARTMENT/4-WHEEL DRIVE VEHICLE
From: "Mathieu, Marilyn" We can do it one of two ways….entirely from free cash and the $6,200.00 will be transferred back to the general fund or split the funding…same end result…only $31,000 available to buy the vehicle…if you want to revote it, you could do it on Monday…..
From: Toni Picariello [mailto:email@example.com]
Marilyn - I have a question. While typing up our minutes, I was wondering why the entire $31,000 if being funded from Free Cash. The Chief mentioned that $6,200 would be used towards the vehicle from the insurance recovery fund, so won't that amount is transferred out of that account & $24,800 be funded from Free Cash. If not, I don't understand. (see below for "draft" minutes of this request).
Richard Ranieri, Fire Chief appeared. He is requesting $31,000 for a new Expedition. The Fire Department had two, but one was in an accident. The state bid for the Expedition is $30,900. The Chief would be driving the new vehicle and it would replace the 2000 Crown Victoria. The vehicle's payment would be $24,800 with an additional $6,200 coming from the insurance recovery fund.
Joseph Collamati/Henri Masson motion to recommend this request. Funding: Free Cash. VOTE; 6/1 (Roland Lavallee)
This was the FinCom vote: The vehicle's payment would be $24,800 with an additional $6,200 coming from the insurance recovery fund.
12. GENERAL DISCUSSION
A. Proposed Warrant Articles
Roland & Joe's review of Planning Board meeting and Articles.
B. Reminder: ATFC Annual Meeting is scheduled for Saturday, October 23, 2010 @ Tri-County Regional High School, Franklin
D. Misc. correspondence and emails.
1. Emails from Department of Public Works, Toll Brothers, and abutters with regard to Article 8 - Toll Brother's Road Acceptances
2. Phone call from Beth Smith, Town HR person. She was bothered about the presentation of the Town Clerk on the unpaid bill for the Board of Registrars. She had asked numerous times for contact information from the Town Clerk in order to contact Casie Soter to settle the unpaid payroll and meet with Ms. Soter at her convenience. She did not receive any information.
CIC: Mary Beth Cuomo/Toni Picariello motion to adjourn. VOTE: 3/0. 7:40 p.m.
FinCom: Raymond Szczepan/Carol Dill motion to adjourn. VOTE: 5/0. 8:45 p.m.
(Accepted January 18, 2011)