January 16, 2025

“MOTION was made by Mr. Marsan to accept the minutes of November 21, 2024. Seconded by Mr. Rich. Vote: Unanimous. MOTION CARRIES..” (Motion: Marsan, second: Rich)

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

“MOTION was made by Mr. Marsan to accept the minutes of December 5, 2024. Seconded by Mr. Rich. Vote: Unanimous. MOTION CARRIES..” (Motion: Marsan, second: Rich)

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

“MOTION was made by Mr. Marsan to allow the Town Manager to sign a contract with Kyocera for their three-year term of $10,134.36. Seconded Mr. Rich. Vote: Unanimous. MOTION CARRIES. 5. Other Business: Topics Not Reasonably Anticipated 48 Hours in Advance. There was no other business to discuss. B. Old Business C. Town Manager's Report 3|Page Select Board - Agenda 01/16/2025 1. Demolition of Former Town Hall. Mr. Yunits explained that the guy wire and tower is off of the old Town Hall and the abatement work has been completed. The Town Manager informed the Board that he believed they said they are working on building the wall between the Fire Department and old Town Hall. Mr. Yunits advised that the interior utilities have been cut and capped or relocated. He mentioned that they are in the process of the design work for a new steel column at the front west corner of the Fire Department and the anticipated demolition date [of the former town hall] will be the last week of January. Mr. Marsan asked if this is covered under the budget voted on at town meeting, which Mr. Yunits confirmed it was. 2. Update on Former Council on Aging Building (55 West Main Street). Mr. Yunits stated that he has reached out to National Grid in hopes to get easements established because National Grid goes across the Town's property to access theirs and the Town goes across their property to access the salt shed and water tower. Mr. Yunits advised there have been several people who have reached out expressing an interest in the former Council on Aging property. Mr. Yunits stated that at the Board's next meeting, they will have on agenda item for the Select Board to discuss and decide the new use of this building. Mr. Yunits noted one of the interested parties is St. Vincent De Paul and explained that he has told everyone expressing an interest in the property that there will be an RFQ process. 3. Supreme Court Decision on MBTA Zoning. Mr. Yunits advised that the Attorney General's Office ruled that the MBTA Zoning is a law and there is nothing they can do about it. The Town Manager pointed out that being in noncompliance isn't just about losing grant money; for example, if they do not setup a district and meet the guidelines of the MBTA Communities Act, then the Attorney General can sue the Town. He brought to the Board's attention the instance of the Fire Department applying for a Fire Safety Grant and part of the application stated that "receipt of grant funds is contingent upon grantee being able to certify that it will comply with Massachusetts General Laws, including General Law Chapter 40A, Section 3A, the MBTA Communities Act. Compliance with the MBTA Communities Act is determined by the Executive Office and Livable Communities." He stated that he has instructed other departments to let him know if this language is included in any of the grants they are applying for. Mr. Yunits stated that if they don't establish a district and don't become compliant with the act, the Town could be losing out on all grant money. 4. Legal Opinion Concerning Agreement Between the Town and Fish and Game. Mr. Yunits mentioned at a previous meeting, the topic came up about the contract entered into with Fish & Game. He provided the Select Board with the opinion of town counsel as follows: 1. Can the Select Board end the agreement and how? Answer: In my opinion, the Agreement may be terminated only if DFG agrees to the termination. See Section 11 of the Agreement, stating that "This Agreement shall be in effect until mutually dissolved or modified by the Department and the Municipality." 2. If the Select Board ends the agreement is the Town liable for any costs? Answer: The Agreement does not address liability for costs; I expect that if DFG has not expended any funds for the construction of the boat launch, the Town may not be liable for any costs; 4|Page Select Board - Agenda 01/16/2025 however, there is no specific guidance on this issue. However, as you know, when the state provides funds to municipalities for specific project, there is usually express or implied agreement requiring the municipality to repay the funds provided if the property is used for purposes other than the uses supported by the grant, or for purposes that materially interfere with the anticipated use, I expect that DFG has a similar condition. 3. If the facility is built can the Town sell the property? Would the sale have to be contingent on the boat launch facility remaining? Answer: Section 5 of the Agreement states that the Town "shall not use or permit to be used any parking spaces or open areas within the facility for purposes other than public access, or for purposes that are inconsistent with the provisions of 320 CMR 2.00 without the written consent of the Department." In my opinion, so long as the Agreement is in place, the Town is bound by that requirement. The Town may convey the property, provided, however, that the buyer uses the boat launch area or any portions of the property that constitute the "public access facility" solely public access. 320 CMR 2.01 defines a "public access facility" to be "any public facility that is posted by signature of the Director, or the Director's designee, to provide access by the public to a land and/or water resource within Massachusetts..., including, but not limited to, boat launching ramps, car-top boat access areas, parking areas, sportfishing piers and shorefishing areas..." It appears from the construction plans that the following portions of the property are part of the public access facility: the 12 car parking area, the path to be constructed through the property, and the boat launch area itself. In my opinion, other areas of the property may also be part of the "open areas within the facility" if they are reasonably necessary for the safe operation of the boat launch, including any vehicle turn-around areas. 4. Is the opinion from Fish and Game accurate that the Town can lease out the property as long as there is no impact on the boat launch area? Answer: In my opinion, that the Town may lease portions of the property that are not part of the public access facilities and/or the open areas of the public area facilities provided that the use of the leased areas does not interfere with access to or the use of such public access facilities. Ms. Luciano wanted to clarify that there is space to the left and right of the property where the current lessee could use that space and mentioned a lack of clarity of whether or not Norton Kayak could use the property. She recommended drawing out where a couple of good options would be to place their business back there and get confirmation from the State and if they get pushback, then they will address that. Mr. Hornsby agreed with Ms. Luciano's idea. Mr. Dave Lennon, Operations Manager of Fish & Game, stated that there would be no storage behind the house and referred to a conversation he had about using the side of the house but the representative he spoke with from Fish & Game seemed adamantly against it. Mr. Lennon explained that his understanding was there would be no lessons or programs and that is his business and added that they have never just lease kayaks. Mr. Lennon stated that they can't bring the kayaks 200 feet from behind the house and across the parking lot due to practicality and safety reasons. Mr. Hornsby advised Mr. Lennon that the Select Board has given the Town Manager direction on selecting some site options. Ms. Luciano requested that the Town Manager specify to the State that these are some designated areas that they are looking to lease out and get their feedback. Mr. Lennon asked the Board to see if there are any requirements, such as distance, because it is very tight down there and the parking area is going to take up a considerable amount of the property. Mr. Lennon informed the Board that he has spoken with the Conservation Agent and they have looked at the map. He emphasized that the time is ticking for their season and he is "grasping at straws" if he is considering the Town land. He pointed out that typically, camp 5|Page Select Board - Agenda 01/16/2025 registration would be going online at around this time. Mr. Hornsby noted that their next meeting is in 2 weeks and asked Mr. Yunits if it would be feasible to get this information in that time, which Mr. Yunits confirmed it would be. Mr. Lennon asked to have questions about State permits answered. In response, Mr. Hornsby stated that the first step is to make sure that there is a space to lease and Mr. Lennon replied that they should both happened at the same time. Mr. Lennon emphasized again not having the parking lot as the access route to the water and would rather have access to either side of the parking lot. VII. Select Board's Report and Mail VIL. Warrants Mr. Hornsby reported that the following Payroll and Invoice Warrants were approved: 1. Payroll Warrant PR25-12A for the week ended December 7, 2024, Warrant dated December 12, 2024. 2. Invoice Warrant AP25-25 dated December 19, 2024. 3. Payroll Warrant PR25-13 for the week ended December 21, 2024, Warrant dated December 26, 2024. 4. Invoice Warrant AP25-26 dated December 26, 2024. 5. Invoice Warrant AP25-27 dated October 18, 2024. 6. Payroll Warrant PR25-14 for the week ended January 4, 2025, Warrant dated January 9, 2025. 7. Invoice Warrant AP25-28 dated January 9, 2025. 8. Invoice Warrant AP25-29 dated January 16, 2025. IX. Next Meeting's Agenda - January 30, 2025. X. Executive Session. To discuss strategy with respect to negotiations with non-union personnel, i.e. Town Manager, pursuant to G.L. c. 30A, Section 21(a)(2). XI. Adjournment. DECLARATION BY THE CHAIR: I declare, under General Laws Chapter 30A, §21(a)(2), that the purpose of the executive session will be to discuss strategy with respect to negotiations with non-union personnel, i.c. Town Manager, because a discussion of the strategy in open session could compromise the purpose of the executive session and with the Board not to return to open session at the conclusion of the executive session. 6|Page Select Board - Agenda 01/16/2025 MOTION was made by Mr. Rich at 6:39 P.M. that the Board go into executive session under G.L. ¢.30A, §21(a)(2) for the purposes and reasons declared by the Chair and with the Board not to return to open session thereafter. Seconded by Mr. Marsan. Vote: Ms. Luciano - Yes; Mr. Snyder - Yes; Mr. Marsan - Yes; Mr. Rich - Yes; and Mr. Hornsby - Yes. MOTION CARRIES..” (Motion: Marsan, second: Marsan)

Read it in the official minutes, page 5 (PDF)