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Tuesday, November 17, 2020 SUDBURY BOARD OF SELECTMEN TUESDAY NOVEMBER 17, 2020 6:00 PM, ZOOM Item # Time Action Item 6:00 PM CALL TO ORDER EXECUTIVE SESSION 1. Open in regular session and immediately vote to enter executive session to discuss strategy with respect to litigation (proposed Eversource transmission line, SJC-12997, Town of Sudbury & another vs. Energy Facilities Siting Board) if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares, pursuant to General Laws Chapter 30A, §21(a)(3). 2. VOTE Continue executive session to review executive session meeting minutes, pursuant to G.L. c. 30A, § 21(a)(7) “[t]o comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements” (“Purpose 7”), citing to the Open Meeting Law, G.L. c. 30A, §§ 22(f), (g). 3. VOTE Vote whether to release LampkeLaw opinion letter dated 9/8/20 related to Lincoln-Sudbury Regional School District Agreement 4. VOTE Vote to close executive session and resume open session 7:00 PM Opening remarks by Chairman Reports from Town Manager Reports from Selectmen Citizen's comments MISCELLANEOUS 5. 7:15 PM VOTE Vote whether to approve petition of NStar Electric Company d/b/a/ Eversource Energy and Verizon for the purpose of obtaining a Grant of Location to relocate one (1) pole #71/119. This work is necessary to accommodate Dutton Road bridge replacement project. 6. 7:30 PM VOTE Vote whether to support the expenditure of up to $150,000 for the 75% design of the Bruce Freeman Rail Trail as appropriated by vote on Article 42 of the 2016 Annual Town Meeting. Also, vote to potentially release the Town Counsel Opinion regarding the use of Community Preservation Act ("CPA") funds pursuant to G.L. c.44B These agenda items are those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. Item # Time Action Item for the design of a portion of the Bruce Freeman Rail Trail in Sudbury. 7. 7:45 PM VOTE Vote whether to authorize the acquisition of the rail corridor from Mile Post QBS 3.40 to QBS 4.80 from CSX Transportation, Inc. pursuant to the terms of the Purchase and Sale Agreement dated August 24, 2020, as may be amended, and that the Chair be authorized to execute any and all documents as may be necessary or convenient in order to consummate the acquisition. 8. 8:00 PM Discussion on next steps with Fairbank Community Center. Town Manager Hayes to report. 9. 8:15 PM VOTE Discussion and vote on mission statement and application process for the Sudbury Diversity, Equity, and Inclusion Commission. 10. 8:30 PM VOTE Discussion and possible vote on Key Performance Indicators (KPI) as requested by Selectman Schineller. 11. 8:45 PM VOTE Discussion on Lincoln-Sudbury Regional School District Agreement, and vote whether to ratify the vote taken in Executive Session regarding the release of LampkeLaw opinion in a latter dated 9/8/20. 12. 9:00 PM VOTE Review draft Fall 2020 Board of Selectmen Newsletter and approve for distribution. 13. 9:10 PM Town Manager self-evaluation 14. 9:40 PM VOTE Review open session minutes of 9/30/20 and 10/6/20 and possibly vote to approve minutes. 15. Citizen's Comments (cont) 16. Upcoming agenda items CONSENT CALENDAR 17. VOTE Vote to execute the Community Preservation Act Grant Agreement between the Town of Sudbury and the Sudbury Housing Authority (SHA) setting forth the terms and conditions for use of Community Preservation Act funding in the amount of $259,000 toward creation by the SHA of rental housing specific to low income individuals or families which appropriation was approved by the 2020 Annual Town Meeting under Article 46. 18. VOTE / Vote to send a thank-you letter to all election workers and Town SIGN Clerk staff for their outstanding efforts in preparation for the Nov. 3, 2020 Presidential Election. These agenda items are those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. 1 SUDBURY BOARD OF SELECTMEN Tuesday, November 17, 2020 EXECUTIVE SESSION 1: Executive Session - Eversource SJC-12997 REQUESTOR SECTION Date of request: Requestor: 30 min Formal Title: Open in regular session and immediately vote to enter executive session to discuss strategy with respect to litigation (proposed Eversource transmission line, SJC-12997, Town of Sudbury & another vs. Energy Facilities Siting Board) if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares, pursuant to General Laws Chapter 30A, §21(a)(3). Recommendations/Suggested Motion/Vote: Open in regular session and immediately vote to enter executive session to discuss strategy with respect to litigation (proposed Eversource transmission line, SJC-12997, Town of Sudbury & another vs. Energy Facilities Siting Board) if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares, pursuant to General Laws Chapter 30A, §21(a)(3). Background Information: Attorney Jeff Bernstein of BCK law to attend. Financial impact expected: Approximate agenda time requested: Representative(s) expected to attend meeting: Review: Patty Golden Pending Henry L Hayes Pending Jonathan Silverstein Pending Daniel E Carty Pending Board of Selectmen Pending 11/17/2020 6:00 PM Packet Pg. 3 2 SUDBURY BOARD OF SELECTMEN Tuesday, November 17, 2020 EXECUTIVE SESSION 2: Exec Session to review minutes REQUESTOR SECTION Date of request: Requested by: Patty Golden Formal Title: Continue executive session to review executive session meeting minutes, pursuant to G.L. c. 30A, § 21(a)(7) “[t]o comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements” (“Purpose 7”), citing to the Open Meeting Law, G.L. c. 30A, §§ 22(f), (g). Recommendations/Suggested Motion/Vote: Continue executive session to review executive session meeting minutes pursuant to G.L. c. 30A, § 21(a)(7) “[t]o comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements” (“Purpose 7”), citing to the Open Meeting Law, G.L. c. 30A, §§ 22(f), (g). Background Information: Attached draft executive minutes of 2/28/17 and 6/22/20. Financial impact expected: Approximate agenda time requested: 60 minutes Representative(s) expected to attend meeting: Review: Patty Golden Pending Henry L Hayes Pending Jonathan Silverstein Pending Daniel E Carty Pending Board of Selectmen Pending 11/17/2020 6:00 PM Packet Pg. 4 3 SUDBURY BOARD OF SELECTMEN Tuesday, November 17, 2020 EXECUTIVE SESSION 3: Release LampkeLaw letter REQUESTOR SECTION Date of request: Requested by: Patty Golden Formal Title: Vote whether to release LampkeLaw opinion letter dated 9/8/20 related to Lincoln-Sudbury Regional School District Agreement Recommendations/Suggested Motion/Vote: Vote whether to release LampkeLaw opinion letter dated 9/8/20 related to Lincoln-Sudbury Regional School District Agreement Background Information: attached letter Financial impact expected: Approximate agenda time requested: Representative(s) expected to attend meeting: Review: Patty Golden Pending Henry L Hayes Pending Jonathan Silverstein Pending Daniel E Carty Pending Board of Selectmen Pending 11/17/2020 6:00 PM Packet Pg. 5 4 SUDBURY BOARD OF SELECTMEN Tuesday, November 17, 2020 EXECUTIVE SESSION 4: Close executive session and resume open session REQUESTOR SECTION Date of request: Requested by: Patty Golden Formal Title: Vote to close executive session and resume open session Recommendations/Suggested Motion/Vote: Background Information: Financial impact expected: Approximate agenda time requested: Representative(s) expected to attend meeting: Review: Patty Golden Pending Henry L Hayes Pending Jonathan Silverstein Pending Daniel E Carty Pending Board of Selectmen Pending 11/17/2020 6:00 PM Packet Pg. 6 5 SUDBURY BOARD OF SELECTMEN Tuesday, November 17, 2020 TIMED ITEM 5: Eversource Utility Hearing - Dutton Road REQUESTOR SECTION Date of request: Requestor: Eversource Formal Title: Vote whether to approve petition of NStar Electric Company d/b/a/ Eversource Energy and Verizon for the purpose of obtaining a Grant of Location to relocate one (1) pole #71/119. This work is necessary to accommodate Dutton Road bridge replacement project. Recommendations/Suggested Motion/Vote: Vote whether to approve petition of NStar Electric Company d/b/a/ Eversource Energy and Verizon for the purpose of obtaining a Grant of Location to relocate one (1) pole #71/119. This work is necessary to accommodate Dutton Road bridge replacement project. Background Information: attached documents Financial impact expected: Approximate agenda time requested: 30 minutes Representative(s) expected to attend meeting: Bill O'Rourke, Deputy DPW director, Dan Nason, DPW Director Review: Patty Golden Pending Henry L Hayes Pending Jonathan Silverstein Pending Daniel E Carty Pending Board of Selectmen Pending 11/17/2020 6:00 PM Packet Pg. 7 5.a 157 Cordaville Road Southborough, MA 01772 September 28, 2020 Board of Selectmen Sudbury Town Hall 322 Concord Road Sudbury, MA 01776 RE: Dutton Road Sudbury, MA W.O. #2316819 No Hearing Required Dear Members of the Board: The enclosed petition and plan is being presented by the NSTAR ELECTRIC COMPANY d/b/a as EVERSOURCE ENERGY and VERIZON for the purpose of obtaining a Grant of Location to relocate one (1) pole #71/119. This work is necessary to accommodate bridge replacement project.
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