← Boxborough Select Board

Boxborough Select Board · 2022–2023 Board · Special meeting

June 22, 2022

11 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Jennifer Campbell, Leslie Fox, John Markiewicz, Diana Lipari, Wesley Fowlks

Absent: None

Every vote, in order

APPROVAL OF MINUTES & WARRANTS -

Approve the meeting minutes of 4/25 and 5/2, as submitted

Minutes, page 1

Approve minutesPassed · Unanimous, 5 present

Member Fowlks moved to approve the meeting minutes of 4/25 and 5/2, as submitted Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." b.

From the minutes

“Member Fowlks moved to approve the meeting minutes of 4/25 and 5/2, as submitted Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." b..” (Motion: Fowlks, second: Lipari)

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

NEW BUSINESS

Assign to Sudbury Valley Trustees (SVT) the Town's right of first refusal to purchase the land located at 95 and 105 Sargent Road totaling 21.35 acres, identified as Lot 11-005-000 and Lot...

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Chair Campbell moved to assign to Sudbury Valley Trustees (SVT) the Town's right of first refusal to purchase the land located at 95 and 105 Sargent Road totaling 21.35 acres, identified as Lot 11-005-000 and Lot 11-003-000 on the Boxborough Assessor's Maps, and classified for tax purposes as forest land under G.L c.61, §8, which right arose by way of a notice of intent from the owner to sell such land dated March 25, 2022 and delivered to the Town on March 28, 2022, such assignment being made subject to the terms and conditions of a Memorandum of Agreement to be approved and executed by this Board, such Memorandum to provide for: a) the Town's right to exercise the right of first refusal should SVT choose not to proceed; b) Town review and approval of the terms of the purchase and sale agreement between SVT and the owner; c) Town review and approval of due diligence conducted prior to the sale of the land to SVT, which due diligence the Town may conduct; d) the Town's right to purchase the land from SVT following SVT's purchase from the owner; e) reimbursement of SVT's reasonable costs as they are calculated in accordance with the terms of the Memorandum of Agreement; and f) the Town's obligation to grant a perpetual conservation restriction to SVT encumbering the Property for nominal consideration in accordance with the terms of the Memorandum of Agreement, and further provided that SVT may not exercise such right of first refusal pursuant to this vote until the Memorandum

From the minutes

“Chair Campbell moved to assign to Sudbury Valley Trustees (SVT) the Town's right of first refusal to purchase the land located at 95 and 105 Sargent Road totaling 21.35 acres, identified as Lot 11-005-000 and Lot 11-003-000 on the Boxborough Assessor's Maps, and classified for tax purposes as forest land under G.L c.61, §8, which right arose by way of a notice of intent from the owner to sell such land dated March 25, 2022 and delivered to the Town on March 28, 2022, such assignment being made subject to the terms and conditions of a Memorandum of Agreement to be approved and executed by this Board, such Memorandum to provide for: a) the Town's right to exercise the right of first refusal should SVT choose not to proceed; b) Town review and approval of the terms of the purchase and sale agreement between SVT and the owner; c) Town review and approval of due diligence conducted prior to the sale of the land to SVT, which due diligence the Town may conduct; d) the Town's right to purchase the land from SVT following SVT's purchase from the owner; e) reimbursement of SVT's reasonable costs as they are calculated in accordance with the terms of the Memorandum of Agreement; and f) the Town's obligation to grant a perpetual conservation restriction to SVT encumbering the Property for nominal consideration in accordance with the terms of the Memorandum of Agreement, and further provided that SVT may not exercise such right of first refusal pursuant to this vote until the Memorandum of Understanding has been executed by the parties and a Notice of Assignment provided to SVT by the Board for recording (2) authorize the Town Administrator to file a grant application for $400,000 from the MA Local Acquisition for Natural Diversity Program to finance the Town's acquisition thereof and to execute any and all documents for any and all amounts forthcoming from said application. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." C..” (Motion: Campbell, second: Lipari)

Read it in the official minutes, page 2 (PDF)

Approve the FY'23 Holiday Calendar as presented

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Member Fowlks moved to approve the FY'23 Holiday Calendar as presented. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." D.

From the minutes

“Member Fowlks moved to approve the FY'23 Holiday Calendar as presented. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." D..” (Motion: Fowlks, second: Lipari)

Read it in the official minutes, page 2 (PDF)

Approve the FY'23 Select Board Meeting Calendar as presented

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Member Lipari moved to approve the FY'23 Select Board Meeting Calendar as presented. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." E.

From the minutes

“Member Lipari moved to approve the FY'23 Select Board Meeting Calendar as presented. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." E..” (Motion: Lipari, second: Markiewicz)

Read it in the official minutes, page 2 (PDF)

Appoint the members from the consent agenda, other than those held, for the terms listed in the Select Board packet

Minutes, page 2

AppointPassed · Unanimous, 5 present

Member Fowlks moved to appoint the members from the consent agenda, other than those held, for the terms listed in the Select Board packet. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye."

From the minutes

“Member Fowlks moved to appoint the members from the consent agenda, other than those held, for the terms listed in the Select Board packet. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye.".” (Motion: Fowlks, second: Lipari)

Read it in the official minutes, page 2 (PDF)

Appoint Mark Barbadoro to the Zoning Board of Appeals for a term commencing July 1, 2022 and ending June 30, 2025

Minutes, page 3

AppointPassed · 4–1

Member Fowlks moved to appoint Mark Barbadoro to the Zoning Board of Appeals for a term commencing July 1, 2022 and ending June 30, 2025. Seconded by Member Lipari. Approved: 4-1 by Roll Call Campbell "aye," Markiewicz "nay," Lipari "aye," Fowlks "aye," Fox "aye."

Yes: Campbell, Fowlks, Fox, LipariNo: Markiewicz

From the minutes

“Member Fowlks moved to appoint Mark Barbadoro to the Zoning Board of Appeals for a term commencing July 1, 2022 and ending June 30, 2025. Seconded by Member Lipari. Approved: 4-1 by Roll Call Campbell "aye," Markiewicz "nay," Lipari "aye," Fowlks "aye," Fox "aye.".” (Motion: Fowlks, second: Lipari)

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

Appoint Brian Lynch to the Water Resources Committee as an agent to the Board of Health for a term commencing immediately and ending June 30, 2025

Minutes, page 3

AppointPassed · Unanimous, 5 present

Member Fowlks moved to appoint Brian Lynch to the Water Resources Committee as an agent to the Board of Health for a term commencing immediately and ending June 30, 2025. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." F.

From the minutes

“Member Fowlks moved to appoint Brian Lynch to the Water Resources Committee as an agent to the Board of Health for a term commencing immediately and ending June 30, 2025. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." F..” (Motion: Fowlks, second: Markiewicz)

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

Approve the Intermunicipal Agreement for Animal Control Services with the Towns of Stow & Littleton as presented

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Fowlks moved to approve the Intermunicipal Agreement for Animal Control Services with the Towns of Stow & Littleton as presented. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." G.

From the minutes

“Member Fowlks moved to approve the Intermunicipal Agreement for Animal Control Services with the Towns of Stow & Littleton as presented. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." G..” (Motion: Fowlks, second: Lipari)

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

Approve the Intermunicipal Agreement Veterans for services with the Town of Acton as presented

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Fowlks moved to approve the Intermunicipal Agreement Veterans for services with the Town of Acton as presented. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." H.

From the minutes

“Member Fowlks moved to approve the Intermunicipal Agreement Veterans for services with the Town of Acton as presented. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." H..” (Motion: Fowlks, second: Markiewicz)

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

Authorize the Town Administrator Search Committee to post the position for up to $180,000 annual salary, based on qualifications and experience

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Member Fowlks moved to authorize the Town Administrator Search Committee to post the position for up to $180,000 annual salary, based on qualifications and experience. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye."

From the minutes

“Member Fowlks moved to authorize the Town Administrator Search Committee to post the position for up to $180,000 annual salary, based on qualifications and experience. Seconded by Member Markiewicz. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye.".” (Motion: Fowlks, second: Markiewicz)

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

EXECUTIVE SESSION

Enter Executive Session at 7:58pm to investigate charges of criminal misconduct or to consider the filing of criminal complaints, per MGL Ch. 30A §21 (a) (5) and to not reconvene in open session

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

Member Fowlks moved to enter Executive Session at 7:58pm to investigate charges of criminal misconduct or to consider the filing of criminal complaints, per MGL Ch. 30A §21 (a) (5) and to not reconvene in open session. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye."

From the minutes

“Member Fowlks moved to enter Executive Session at 7:58pm to investigate charges of criminal misconduct or to consider the filing of criminal complaints, per MGL Ch. 30A §21 (a) (5) and to not reconvene in open session. Seconded by Member Lipari. Approved: 5-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye.".” (Motion: Fowlks, second: Lipari)

Read it in the official minutes, page 3 (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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