← Boxborough Select Board

Boxborough Select Board · 2020–2021 Board · Regular meeting

November 2, 2020

12 recorded votes, 2 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Wesley Fowlks, John Markiewicz, Leslie Fox, Maria Neyland, Robert Stemple

Absent: None

Every vote, in order

MINUTES

Accept the Minutes of June 22, 2020 - Open Session, as written

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Member Stemple moved to accept the Minutes of June 22, 2020 - Open Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Stemple moved to accept the Minutes of June 22, 2020 - Open Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Stemple, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

Accept the Minutes of September 14, 2020 - Open Session, as written

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Member Stemple moved to accept the Minutes of September 14, 2020 - Open Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Stemple moved to accept the Minutes of September 14, 2020 - Open Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Stemple, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

Accept the Open Session Minutes of September 8, 2020, the Executive Session Minutes of September 8, 2020, September 21, 2020 and October 2, 2020, as written

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Member Neyland moved to accept the Open Session Minutes of September 8, 2020, the Executive Session Minutes of September 8, 2020, September 21, 2020 and October 2, 2020, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Neyland moved to accept the Open Session Minutes of September 8, 2020, the Executive Session Minutes of September 8, 2020, September 21, 2020 and October 2, 2020, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Neyland, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

Accept the Minutes of October 5, 2020 - Executive Session; October 19, 2020 - Subcommittee Executive Session; October 19, 2020 - Regular Executive Session, as written

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Chair Fowlks moved to accept the Minutes of October 5, 2020 - Executive Session; October 19, 2020 - Subcommittee Executive Session; October 19, 2020 - Regular Executive Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Chair Fowlks moved to accept the Minutes of October 5, 2020 - Executive Session; October 19, 2020 - Subcommittee Executive Session; October 19, 2020 - Regular Executive Session, as written. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

Accept the Minutes of October 30, 2020 - Executive Session, as written

Minutes, page 1

ProceduralPassed · 4–0

Chair Fowlks moved to accept the Minutes of October 30, 2020 - Executive Session, as written. Seconded by Member Markiewicz. Approved: 4-0-1 by Roll Call Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye." Stemple abstained.

Yes: Fowlks, Fox, Markiewicz, NeylandAbstained: Stemple

From the minutes

“Chair Fowlks moved to accept the Minutes of October 30, 2020 - Executive Session, as written. Seconded by Member Markiewicz. Approved: 4-0-1 by Roll Call Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye." Stemple abstained..” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

GENERAL BUSINESS

Approve the bond votes for $1.255 million in bonding issued October 9, 2020 (useful life, sale of the notes and related votes)

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Moved, in total, by: Member Markiewicz I, the Clerk of the Select Board of the Town of Boxborough, Massachusetts (the "Town"), certify that at a meeting of the board held November 2, 2020, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody: Voted: that the maximum useful life of the departmental equipment listed below to be financed with the proceeds of the borrowing authorized by the votes of the Town passed May 14, 2018 (Articles 33A, 33B and 34C) is hereby determined pursuant to G.L. c.44, §7(1) to be as follows: Purpose Borrowing Amount Maximum Useful Life (At Least) Farm Tractor w/ Field Cutter $60,000 12 years Asphalt Hot Box 50,000 12 years Four Columns Vehicle Lift 40,000 10 years Further Voted: that the sale of the $1,255,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated November 17, 2020 (the "Bonds"), to Fidelity Capital Markets at the price of $1,513,599.62 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on November 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate 2021 $160,000 5.00% 2026 $110,000 5.00% 2022 $160,000 5.00% 2027 $110,000 5.00% 2023 $145,000 5.00% 2028 $110,000 5.00% 2024 $140,000 5.00% 2029 $105,000 5.00% 2025 $110,000 5.00% 203

From the minutes

“Moved, in total, by: Member Markiewicz I, the Clerk of the Select Board of the Town of Boxborough, Massachusetts (the "Town"), certify that at a meeting of the board held November 2, 2020, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody: Voted: that the maximum useful life of the departmental equipment listed below to be financed with the proceeds of the borrowing authorized by the votes of the Town passed May 14, 2018 (Articles 33A, 33B and 34C) is hereby determined pursuant to G.L. c.44, §7(1) to be as follows: Purpose Borrowing Amount Maximum Useful Life (At Least) Farm Tractor w/ Field Cutter $60,000 12 years Asphalt Hot Box 50,000 12 years Four Columns Vehicle Lift 40,000 10 years Further Voted: that the sale of the $1,255,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated November 17, 2020 (the "Bonds"), to Fidelity Capital Markets at the price of $1,513,599.62 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on November 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate 2021 $160,000 5.00% 2026 $110,000 5.00% 2022 $160,000 5.00% 2027 $110,000 5.00% 2023 $145,000 5.00% 2028 $110,000 5.00% 2024 $140,000 5.00% 2029 $105,000 5.00% 2025 $110,000 5.00% 2030 $105,000 5.00% Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 9, 2020, and a final Official Statement dated October 21, 2020 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and to comply with relevant securities laws. Further Voted: that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf" file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. Further Voted: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Notes were taken in executive session, all in accordance with G.L. 20201102 2 c.30A, §§18-25 as amended, further suspended, supplemented or modified by the Executive Order of the Governor of The Commonwealth of Massachusetts Suspending Certain Provisions of the Open Meeting Law, Chapter 30A, §20 dated March 12, 2020. Signed by the Clerk this November 2, 2020. Seconded by Member Fox. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Markiewicz, second: Fox)

Read it in the official minutes, page 3 (PDF)

Reduce the 2021 On- Premises Pouring [C.138 § 12] License fees as follows: Boxboro Regency to $1,250.00 and the Oscar's Mexican Burritos to $625.00

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Stemple moved to reduce the 2021 On- Premises Pouring [C.138 § 12] License fees as follows: Boxboro Regency to $1,250.00 and the Oscar's Mexican Burritos to $625.00. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Stemple moved to reduce the 2021 On- Premises Pouring [C.138 § 12] License fees as follows: Boxboro Regency to $1,250.00 and the Oscar's Mexican Burritos to $625.00. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Stemple, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

Approved the AB Regional School District's request for a contribution from the CARES Act Chrome Book Services

Minutes, page 3

ApprovePassed · 4–0

Member Fox moved to approved the AB Regional School District's request for a contribution from the CARES Act Chrome Book Services. Seconded by Member Neyland. Approved: 4-0-1 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," and Fowlks "aye." Markiewicz abstained.

Yes: Fowlks, Fox, Neyland, StempleAbstained: Markiewicz

From the minutes

“Member Fox moved to approved the AB Regional School District's request for a contribution from the CARES Act Chrome Book Services. Seconded by Member Neyland. Approved: 4-0-1 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," and Fowlks "aye." Markiewicz abstained..” (Motion: Fox, second: Neyland)

Read it in the official minutes, page 3 (PDF)

PUBLIC HEARING

Not to accept the presented 1, 2, 3 Options

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Neyland moved not to accept the presented 1, 2, 3 Options. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Neyland moved not to accept the presented 1, 2, 3 Options. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Neyland, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

Adopt a residential factor of one, i.e. a single tax rate, and to authorize the Town Assessor to digitally sign the LA-5 form on behalf of the Board for submission to the Department of Revenue

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Neyland moved to adopt a residential factor of one, i.e. a single tax rate, and to authorize the Town Assessor to digitally sign the LA-5 form on behalf of the Board for submission to the Department of Revenue. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Member Neyland moved to adopt a residential factor of one, i.e. a single tax rate, and to authorize the Town Assessor to digitally sign the LA-5 form on behalf of the Board for submission to the Department of Revenue. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Neyland, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

ACTION ITEMS - REVIEW

Approved survey as revised for distribution in the 2021 Census mailing

Minutes, page 4

ApprovePassed · Unanimous, 5 present

Maria moved to approved survey as revised for distribution in the 2021 Census mailing. Seconded by Member Stemple. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Maria moved to approved survey as revised for distribution in the 2021 Census mailing. Seconded by Member Stemple. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Neyland, second: Stemple)

Read it in the official minutes, page 4 (PDF)

EXECUTIVE SESSION

Adjourn to conduct an executive session via a separate ZOOM event, and not to reconvene in Open Session after completion of the Executive Session: a

Minutes, page 6

ProceduralPassed · Unanimous, 5 present

Chair Fowlks moved to adjourn to conduct an executive session via a separate ZOOM event, and not to reconvene in Open Session after completion of the Executive Session: a. To consider the possible settlement, purchase, exchange, lease or value of real property (200 Beaver Brook Rd.) and prospective Tax Increment Financing (TIF) agreement, and 1414 Massachusetts Avenue Per C30A §21 (a), subsection 6 b. To conduct strategy sessions concerning negotiations with nonunion personnel (Town Administrator), per C30A §21 (a) subsection 3 and further noting that if open meeting may have a detrimental effect on the government's bargaining or litigating position. Seconded by Member Neyland. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye."

From the minutes

“Chair Fowlks moved to adjourn to conduct an executive session via a separate ZOOM event, and not to reconvene in Open Session after completion of the Executive Session: a. To consider the possible settlement, purchase, exchange, lease or value of real property (200 Beaver Brook Rd.) and prospective Tax Increment Financing (TIF) agreement, and 1414 Massachusetts Avenue Per C30A §21 (a), subsection 6 b. To conduct strategy sessions concerning negotiations with nonunion personnel (Town Administrator), per C30A §21 (a) subsection 3 and further noting that if open meeting may have a detrimental effect on the government's bargaining or litigating position. Seconded by Member Neyland. Approved: 5-0 by Roll Call Stemple "aye," Neyland "aye," Fox "aye," Markiewicz "aye," and Fowlks "aye.".” (Motion: Fowlks, second: Neyland)

Read it in the official minutes, page 6 (PDF)

From the Boxborough Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Boxborough Select Board page (named group photo, LCTV) — Sam Anderson, Priya Sundaram, Wes Fowlks, Bob Stemple and Kristin Hilberg. Cropped by MassVoter. Former members show initials.

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