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BOARD OF SELECTMEN MINUTES OF MEETING – MAY 11, 2005

Present: Gordon D. Bailey, Chairman, Frank A. Consolati,, Patricia D. Carlino, Board of Selectmen Robert L. Nason, Town Administrator, absent Also present were Maurice Leahey and his sister, Elizabeth Leahey

Ch. Bailey called the meeting to order at 8:30 AM.

The Board was asked who they would like to receive the check for the 66% reimbursement for the middle and high school project from State Treasurer Cahill. After a brief discussion, they decided the Town Treasurer and Robert Boynton, Chairman of the School Building Committee.

Ch. Bailey opened the meeting with a discussion regarding a document given to Selectman Consolati by Mr. Leahey purporting to be an agreement between the town and the Leahey’s indicating the town would pay them $25,000 for land to be used as a construction easement to repair and stabilize the existing embankment. Ch. Bailey stated he discussed this matter with Town Counsel and it seemed this new document was in fact two different documents put together. The signature pages are different. Miss Leahey maintained that it was a document given to her by Town Counsel. Regardless, the Board and the Leaheys discussed each item listed on this agreement. The first item involved a construction easement that the town is already using. The second involved pictures taken during the reconstruction of the road to the water plant. Ch. Bailey stated these pictures are in the position of the DPW and he will make sure the Leaheys get them. The third item involved a plan showing existing conditions. Ch. Bailey said this is also available in the DPW. No. 4 was to prepare a plan and specification of what the bank conditions will be when the repairs are completed. This is being completed by SK Design Group. No. 5 was to stabilize the bank and grade it to its natural look and slope. Grass seed and trees to replace trees destroyed. Ch. Bailey said this had only partially been done. They will have to look at the pictures to replace the trees. No. 6 was to clear all debris from the area and be inspected by the town, the Conservation Commission and the Leaheys. Ch. Bailey said he did not know if the Conservation Commission had inspected the site yet. Miss Leahey explained that not all the debris has been removed and there are coffee cups and other discarded waste still at the site. Next came a discussion on No. 7 which is different in the agreement presented by the Leaheys. In the one the Selectmen have, No. 7 said “Any additional funds will be used to extend the berm”. In the one from the Leaheys it reads, “Lee will pay the Leahey Family Trust $25,000 for use of their land for easement”. Ch. Bailey explained that he did not know if the town had $25,000 from the project encumbrance. The town will counter offer with $500. The Leaheys said this was not enough. The town will have to schedule a special town meeting in order to ask for an additional $25,000. The town has never signed an agreement to pay the Leahey family $25,000. Ch. Bailey said there may be $10,000 left after everything is done. The engineer said that the bank failure was not their fault but rather by changes in the placement of drain pipes made by members of the Board of Public Works. The new plans from SK Design Group are to fix the drainage and prevent the water from crossing the road. Miss Leahey said there are existing water boxes on the property to ease drainage. Ch. Bailey will ask the DPW Supt. to contact SK Design Group about this. Further discussion on how much money will be left after repairs are completed. It was stated that the $25,000 was a solid figure with the Leahey family. The Board voted, unanimously, to go back to Toun Counsel and have him put the $25,000 back into the agreement for discussion purposes only. The Board voted, unanimously, to have an article for the $25,000 on the next scheduled special town meeting warrant. No. 8 on a letter from the Leaheys to their attorney, F. Sydney Smithers, regarding signing with the Leaheys a limited release which will deal only with the plant and storage tanks. Discussion on water tanks being in the wrong place. The town currently owns a portion of the water plant access road. The town agrees to swap the portion of the land on which the road lies to the Leahey Family Trust in exchange for an equal portion of abutting land and an easement allowing the town certain rights concerning the portion of land on which the road lies. The town will have boundary markers placed in order to delineate the land transfer areas. No. 9 on the Smithers letter regarding a gate and lock on the right-of-way. The town offered to supply a gate that would only be opened to town employees and deliveries. However, the Leaheys stated that they want to supply and maintain control of the gate. There was discussion on changing the language in the Schedule A to delete the word “Key” and replace it with “Issues a means of entry”. All other issues in the letter were agreed upon. There was discussion about the concerns the Leaheys had regarding vehicular traffic on the right-of-way. Ch. Bailey said they are working with the employees to eliminate as much truck traffic as possible. Town vehicles were now being picked up and left at the town garage to eliminate a number of trips.

In other business, Vic Hryckvich of Vic’s Seafood came before the Board to ask permission to sell his wares in town. The Board voted, unanimously, to allow Vic Hryckvich to sell seafood from his truck in the road near the gazebo on Fridays at hours to be adjusted from week to week.

Upon motion duly made and seconded, the Board voted, unanimously, to continue their meeting to 3 PM this afternoon.

Respectfully submitted,

Suzanne M. Alderman, Secretary

cc: Board of Selectmen Principal Assessor Dept. of Public Works Town Administrator Board of Health Town Treasurer Town Clerk Conservation Commission Town Reps. District Chairmen Town Collector Police Chief Superintendent of Schools Planning Board Building Inspector Town Accountant