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Office of the TELEPHONE: (508) 841-8508 BOARD of SELECTMEN FAX: (508) 842-0587 Selectmen@Shrewsburyma.Gov Office of the TELEPHONE: (508) 841-8508 BOARD OF SELECTMEN FAX: (508) 842-0587 [email protected] TOWN OF SHREWSBURY Board of Selectmen Meeting Board of Selectmen’s Meeting Room Richard D. Carney Municipal Office Building 100 Maple Avenue Shrewsbury, Massachusetts 01545-5398 Tuesday, June 26, 2018 - 6:00 PM MINUTES Present: Mr. John Lebeaux, Chairman, Mr. Maurice DePalo, Vice Chairman, Ms. Moira Miller, Clerk, Ms. Beth Casavant, Selectman, Mr. James Kane, Selectman Also Present: Mr. Kevin Mizikar, Town Manager, Ms. Kristen Las, Assistant Town Manager, Mr. Jeffrey Howland, Town Engineer, Mr. Stephen Madaus, Town Counsel Mr. Lebeaux called the meeting to order at 6:00 pm. Preliminaries: 1. 6:00 pm : Conference Room A : Call to Order 2. Executive Session in accordance with MGL Chapter 30A Section 21 #3. To discuss strategy with respect to litigation - All pending litigation and threats of litigation with Town Counsel regarding the Route 20 Overlay Zoning Bylaw Ms. Miller moved that the Board vote to go into executive session pursuant to General Laws Chapter 30A, Section 21(a)(3) for the purposes of discussing strategy with respect to litigation and will return into open session., seconded by Mr. DePalo, on a roll call vote, Ms. Miller-yes, Mr. DePalo-yes, Mr. Kane-yes, Ms. Casavant-yes, Mr. Lebeaux- yes, Mr. Lebeaux advised that the Board will now go into executive session for the purposes of discussing strategy with respect to litigation of the Route 20 Overlay District Zoning Bylaw since an open meeting may have a detrimental effect on the negotiating position of the Town and further the Board will reconvene back into open session at 7:00 pm in the Selectmen’s Meeting Room. 3. 7:00 pm : Reconvene in Selectmen’s Room The Board returned from recess. Chairman Lebeaux called the meeting to order to reconvene at 7:00 pm 4. Approve bills, payrolls and warrants On a motion by Mr. Kane, seconded by Mr. DePalo, the Board unanimously voted to approve the following warrants: Warrant 1899 in the amount of $389,662.66, Warrant 1899S in the amount of $1,921,712.69, and Warrant 18102 in the amount of $2,590,426.29. 5. Approve Minutes of June 12, 2018 On a motion by Ms. Miller, seconded by Mr. Kane, the Board unanimously voted to approve the minutes as written. 6. Announcements Ms. Miller updated the Board on the initiative to form the Shrewsbury Town Center Association initiated by Maribeth Lynch of Thrive Real Estate. On June 27, 2018 there will be a workshop at the Library for parking in the Town Center. Mr. Kane asked that the Beal Building Committee come before the Board on September 11, 2018 to give an update Minutes Shrewsbury Board of Selectmen June 26, 2018 Page 2 of 5 and would also like the Board to support the Manager to organize a Special Town Meeting on October 22, 2018 for the Beal School. Mr. Kane also noted that the Town Hall was gifted a sensory garden from the Garden Club particularly Audrey Daily. 7. Town Manager’s Report Mr. Mizikar reported that the Town, through the leadership of David Snowdon, has received a $40,000 grant from the MassDEP IQ Recycling Grant program. The water rates will also be changing on July 1, 2018. Meetings/Hearings: 8. 7:05 pm – Meeting with Gayle Vigeant, Treasurer of the Shrewsbury Housing Authority regarding the Fiscal Year 2018 Pilot check Paul Campaniello and Gayle Vigeant appeared before the Board. Mr. Campaniello briefed the Board on the recent activity of the Shrewsbury Housing Authority including recent projects, occupancy, and the new website with self- service portal functionality. The overall number of units is 272 units. Mr. Campaniello mentioned that the wait list may be consolidated across the state so they may not be able to give preference to Shrewsbury residents as they have in the past. Ms. Vigeant presented the annual payment in lieu of taxes of $41,482.53. Mr. Lebeaux expressed his gratitude for the work that the Shrewsbury Housing Authority has put in over the years. 9. 7:10 pm - Presentation from Jeff Howland, Town Engineer, and Stephen Madaus, Town Counsel, regarding the inter-municipal agreement with the City of Worcester for wastewater conveyance. Review and act to authorize the Town Manager to sign the Intermunicipal Agreement for Conveyance of Wastewater. Mr. Howland and Mr. Madaus appeared before the Board. Mr. Madaus briefed the Board on the agreement which was the result of negotiations with the City of Worcester. There is an existing agreement from 2002 of which this agreement would replace to facilitate the connection by Shrewsbury to the sewer improvements on Route 20. Mr. Madaus reviewed the existing and new connections including the new water treatment plant and Route 20 connection. The new agreement would amend the existing agreement to allow for a much greater flow. Wastewater treatment would be 1.5 million gallons a day .Worcester would have access to Shrewsbury’s SCADA system. The dispute resolution remains the same as the prior agreement that the expectation that the parties would have to meet to resolve the dispute before taking legal action. Mr. Howland stated that the current fee rate for Westborough is $3.24 per 1,000 gallons, roughly increasing to $7.80 cents by converting to the Upper Blackstone plant. Mr. Howland reviewed the anticipated flow following the proposed Edgemere development. The benefit of converting to Worcester is being able to divert more flow which allows economic development expansion. Approximately 5% of flow would be diverted to Worcester with the remainder going to Westborough. At this point, the Town is still waiting for the buy-in fee for the Upper Blackstone Plant and will come back to the Board to see if it is valuable to become a member considering the minimal percentage of flow. Ms. Las stated that the only areas that would connect into the sewer would be in a needs area that is zoned for such. On a motion by Mr. DePalo, seconded by Mr. Kane, the Board unanimously voted to authorize the Town Manager to sign the Intermunicipal Agreement for Conveyance of Wastewater. New Business: 10. Review and act on the Host Community Agreement with Prime Wellness Centers, Inc., 235 Hartford Turnpike for a Retail Marijuana Dispensary Mr. Lebeux recused himself due to a possible conflict of interest. Mr. DePalo took over as acting chairman. Mr. John Glowik, CEO of Prime Wellness Centers, Inc., appeared before the Board. Mr. Mizikar reviewed the main provisions within the agreement. Under the provisions of the general laws a 3% community impact fee has been negotiated on a quarterly basis to the Town beginning upon the opening and operation of retail sales in addition to other fees. Prime Minutes Shrewsbury Board of Selectmen June 26, 2018 Page 3 of 5 Wellness will also agree to hire personnel and vendors within the community if available. Security and a working relationship with the police will be in place to ensure safety. Mr. Kane would like that the agreement reflect that if ownership changes that the local sales tax of 3% would remain the same. Mr. Kane also reviewed item 7B as it relates to the reporting of any security incidents within 24 hours and thinks it should be changed to an immediate notification. Mr. Glowik responded that his director of security, Frank Matthews is exceptionally trained and would report to police immediately. Mr. Kane asked what would happen after the agreement was up in 5 years and the Board and the Operator couldn’t reach an agreement. Mr. Glowik responded that he had asked the same question to the CCC and has not received a response. Mr. Glowik also explained the recreational HCA is different from the existing medical HCA and Prime Wellness will be maintain and paying on two agreements. The facility will comingle medical and recreational but will differentiate at point of sale. Recreational Sales incur a 20% sales tax and medical is not taxable and accounting procedures will be separate for retail and medical sales. Mr. Mizikar pointed out language in Article 14 regarding the transfer of ownership and the vetting process that any owner as well as every employee has to undergo. Mr. Kane also asked if the agreement could be revised to include a possible transition to a non-profit agency and the payment of real estate taxes. Mr. Glowik reviewed operations in his existing medical facilities as well as the proposed facility in Shrewsbury and also explained that his vendors including landscapers and supply companies are located in Shrewsbury. Mr. DePalo asked that the agreement be revised to include changes as discussed and to be added to the next agenda to authorize the manager to sign the agreement. Mr. Glowik doesn’t anticipate that the medical facility would be open until next fall and recreational would be next January. 11. Review a presentation by Kevin Mizikar, Town Manager, and consider action for the reorganization of Town Departments and the creation of a Department of Public Works Mr. Mizikar stated that he is seeking the Board’s approval for the creation of a Department of Public Works. Mr. Mizikar explained the hierarchy of the organizational charts. The Board expressed their support with the reorganization and think it’s an appropriate time for the transition. On a motion by Mr. Kane, seconded by Mr. DePalo, the Board unanimously voted to approve the creation of a Department of Public Works pursuant to Section 11 of the Town Manager Act. 12. Review and act to sign the amendment to Traffic Rules and Orders Article 7, Section 10, Obedience to Isolated Stop Signs to include a stop sign at Wheelock Street at Boylston Circle The Board did not sign an amendment but rather reviewed a memo presented by Town Engineer Jeffrey Howland, Police Chief James Hester and Highway Superintendent John Knipe regarding the recommendation to install a stop sign at the intersection of Wheelock Street and Boylston Circle.
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