[0:00] [Music] Okay, I'll call the meeting to order at [0:11] 601. Please stand for the pledge of [0:15] allegiance to the flag of the United States of America and to the republic [0:20] for which it stands, one [Music] [0:25] nationisible and justice for all. [0:30] I will make a motion to go into executive session, but [0:36] I got to get out of this first. Okay. Technical difficulties. I second [0:42] the motion. Roll call vote. Marin Dwanell. I Laura Heb. Unanimous. [0:52] Okay, we'll see you on the other side. Okay. So, I'd like to resume our regular [0:58] meeting. Um 3A, acceptance of donation from ESS. Okay. So, uh within the [1:06] board's packet, there's a memo from our ESS director, uh requesting the select [1:13] board accept the unsolicited uh gift of 10 $30 Market Basket gift cards totaling [1:20] $300 from an anonymous donor. Do I hear a [1:26] motion? I move that we um approve the or accept the donations from the ESS and on [1:35] the $10 $1030 tickets to market basket. [1:43] I second. All in favor? Roll call vote. Moren Dwinnel I. Laura have I. [1:50] Unanimous. Now I know what you meant when you said I couldn't get into my [1:55] email. Ah to pull up the motions. [2:00] Yeah. Well, I can make the motions from now on. That would Yeah, that's the [2:04] easiest. I'll do that. Okay. Next up is execution of amendment to contract [2:11] administration for 140 water sewer. Dennis, how are you tonight? [2:18] Hey, how's it going? Lovely. [2:22] Good evening. Good to see you. [2:28] Um, thank you for taking time out of your busy schedule to see me tonight. [2:33] So, before the board, you have Tyen Bond's proposal for their construction [2:37] administration um contract. This is for the um the [2:43] route 140 water and wastewater ex extension project including the um the [2:49] culvert crossing with mascot and the construction of the pump station. So [2:55] this is this is one of the larger projects we've done in town. I mean this [2:59] is next to the tip project of Hartford Avenue North High Street and Hington [3:03] Road which took over three and a half years and was $11 million. This is the [3:08] largest project that I've done in the eight years that I've been here. So, [3:11] this this is a considerable contract and there's a lot of assumptions put into [3:16] this contract that allows for some consideration [3:19] um should we actually need the services and hopefully we don't need all of them. [3:23] So, this contract represents up to a certain amount of money, hoping that we [3:27] don't hit ledge, hoping that the project doesn't get extended and hoping that our [3:31] communications with Massock goes smoothly and we don't need any extra [3:35] services or unforeseen services that are not listed in this contract. So, for the [3:40] boards this evening, I ask that you grant the town manager authorization to [3:44] enter into the contract. As you know, the um the construction part has already [3:49] been awarded to GEG. They they are mobilizing as we speak, putting up [3:54] erosion control and beginning to mobilize. And so this allows Ty and Bond [3:58] to put all of their uh experts out there. Keep in mind, we saved almost a [4:04] million and a half dollars on this project by not doing um control density [4:09] fill, flowable fill. And in doing such, we have to have a certified inspector [4:14] who's an engineer on site when they do the back fill and compaction to certify [4:19] all the compactions. So there's a lot more oversight in this contract that we [4:24] would normally not have to do if we had done control density, but it's at a [4:28] substantial cost savings. Other than that, I'll answer [4:32] any questions the board may have. Moren, do you have any questions? No, it [4:37] seems pretty pretty straightforward. I would agree. Um, so hearing no further [4:44] discussion, I'd move that the vote board vote to authorize a town manager to sign [4:48] amendment number two of the construction administration contract for the [4:52] governor's landing utility project. I'll second. [4:58] All in favor, roll call vote. Marinwel I. Laura have I. Unanimous. [5:05] Thank you. Oh, thank you, Dennis. It's a lot of work and we appreciate everything [5:10] you've done with us. Thank you. Had a lot of help. [5:16] And next is the town manager report. Um really just uh briefly because I'm [5:23] just getting back from a week's uh vacation. Uh everything is town meeting [5:27] prep. Um going over motions. Uh making sure all the logistics are taken care [5:32] of. Uh four of us looking over shoot uh Sue's shoulders as we're learning the [5:38] software for electronic voting. Um, so it's this is all crunch time for [5:44] Thursday. Okay, I know we can do it. We got a great [5:48] team. Anybody who stops into town hall will see us running around, but we [5:53] actually know what we're doing. Okay, so um, next would be public [5:58] input or a board member update. Um, I would like to recognize Glenn Fowler. [6:05] Glenn is stepping off of the um he's not running again for cemetery commission. [6:11] Glenn started his volunteer work with the town of Upton in 1996 or that's as [6:16] far back as we could find in the town reports. He started as a cable TV [6:21] advisory committee member. He went on to be the access provider for the cable TV. [6:26] He was assessor of taxes from 2001 to 2015 and most recently was on cemetery [6:34] commission from two 2014 to 2025. That's 29 years of service to this town. And I [6:42] saw him today and I told him um congratulations enjoy your retirement [6:47] and he won best. He's not going anywhere just yet. So there may be more in him, [6:52] but um you know to have somebody give us almost 30 years is a true honor and it [6:58] speaks to his devotion to the time. So I'd like to just publicly thank Glenn [7:02] for all of his years of service. I would also want to say the same. He's [7:08] put a lot of years in and he's devoted a lot of time to the town [7:15] and I hope enjoy retirement. Yeah, I hope he enjoys it. And as I say, [7:21] um I don't think any of us do this for the fame or the fortune because you [7:24] really don't receive either. But it's truly because you care about the town [7:28] and I appreciate it. Great. On to number six, [7:33] licensing. Rushford. We have a one-day beer [7:37] license. We have our sort of annual slate of one day beer license uh from [7:42] Rushford. Uh there's a total of um I think it was seven uh dates that they're [7:50] looking at ranging from starting June 25th and ending um August 6th all to be [7:57] down at one of speech for their summer concert [8:03] series. Uh the police chief and the fire chief have already signed off on these [8:08] licenses. Okay. Moren, do you have any questions? Not at all. Well, this is [8:13] done every year. Exactly. Okay. Okay. I move that the select board vote to [8:17] approve the application submitted by Rushford and Sons, owner operator by [8:22] Brian Goodman for a special 1-day wine and malt only pouring license for an [8:27] events or a series of events to be held on June 25th, July 2nd, July 9th, July [8:33] 16th, July 23rd, July 30th, and August 6th, 2025 under Mass General Law Chapter [8:41] 138 subsection 14 to be held at Kana Beach in up to Massachusetts. [8:47] I second. All in favor? Roll call vote. Marin Dwinell. I Laura Heb. Unanimous. [8:58] Okay. So, now we are on to the dog bylaw amendment article discussion and Mr. [9:04] Moran is with [9:08] us. Nice meeting soon at the last minute. Yeah. [9:14] Yeah. Um, how how do you guys how do you read [9:18] that? I see problems how I read it first. Okay. I I I we went over this [9:22] before. We brought in Maria. You Now you're here. I spoke to Dennis in the [9:28] meantime. I don't think we can. What I'd like to do is pass over this article [9:35] entirely and take it up in November. Um, I don't think you can logistically say [9:41] or in all fairness say no dogs on the soccer field at Kuanas, but yet you've [9:46] got them on the soccer fields at West River. In talking to Dennis, we're one [9:51] of the few, if not the only town that allows anything except service dogs on [9:56] our fields. So, I very much and Dennis has said police have been down the [10:02] beach. You've been down the beach. DPW has been down the beach. Dogs are an [10:08] issue on the fields and I've owned many a dog and um you [10:15] know attitudes are changing towards them but they're still an ant and they're an [10:20] unpredictable ant. I've told people before I used to show my [10:24] dogs if anything they probably would have drooled on you but kids would come [10:29] rushing and somebody would say do your dogs bite and I would say all dogs bite. [10:33] Um, so Mike, if you're amendable, Moren, I don't know how you feel, but I really [10:37] would like to sharpen this up and clean it up and we're not going to get it [10:41] sharpened clean before Thursday. So, I'd like to have some [10:45] should have met a week ago about this because the way the learning be if they [10:49] vote the way this reads right now, they don't pass it. Dogs won't be able to run [10:53] everywhere everywhere. Exactly. And that's the danger. And and this was put [10:57] in we this was actually written the way it's written out when Blake was here her [11:04] husband they put corners beach thinking like I told you corners beach corners [11:10] beach when you when they finally get put up as president what do you say beach [11:15] goes from the park lot to water beach shouldn't say complex told jokes [11:19] whatever recreation that's why back here trying to change it the right [11:23] way the right The only question I got now is they want [11:29] to do on May 30th a frisbee night. Now can't have it. Be on a leash. [11:36] We have leash walks and they can't go to Frisbee, right? The dogs got to be off [11:41] leash, right? And then we we just changed the Bible. [11:46] Piped it on the email. I don't know who he is. The guy that was in the email [11:49] said, "We have an event going on May 30th." Recreation member. Yeah. You [11:54] can't have it because we have a leash law. No special perm. I don't have a [11:59] problem with that. That to me would open a ton of liability for the town. We have [12:02] a leash law. We allow somebody to come in with loose dogs and god forbid [12:06] something happens. Well, that's that's why we're going now get one more kids [12:10] down damage. Um we check bicing. The average household has two dogs. You [12:16] know, people dogs like kids. I understand them. I got three. They want [12:19] to bring them everywhere. But so we got to stop wor as a town we protecting at [12:25] the beach because every time I go there for a call you know the gatekeeper or a [12:30] lifeguard or one of the staff there and I ask him who's here just us nobody [12:37] there's no every time we go there's no marine [12:41] when the other guy was doing it at least on I got there he was there and we [12:47] controlled the situation You know, it's not that's what happens. I get bundled [12:52] against the phone and all, you know, and what we do for that. I don't know. I [12:57] just I have to do more during the summer. Check on this for more. That's [13:01] all. I mean, I think when we sit, you know, when you sit on a select board, [13:05] you have to do what's best for the town, not for a certain class or, you know, [13:11] dog owners, non-dom owners. But I see issues with this. Um, I like to pull it [13:17] and clarify. Yeah. I think the way it's written is just add on whatever subjects [13:22] of C whatever this adding on to it subscriptions. [13:32] Yeah. Okay. Right. So I just want to make sure we're on the page when they [13:37] want to do some um soccer field. They can't do it first but they have dogs be [13:41] on. No. No. And no they can't. I would I would I would agree with that. I'm sure [13:47] the chief of police would. I don't know. I mean, I think one of the main things [13:50] is um the calendar always is a constant surprise for us. [13:57] You know, we're Thursday is May 1st. Yes. Um in two months, two and a half [14:03] months, we're opening up the warrant for the fall. That still means we're talking [14:07] about meeting again June, July to discuss language for an article. Yes, we [14:12] could refine in August, but it closes right after Labor Day. So by pushing [14:17] this off still means it's going to be on our agenda pretty soon. Exactly. [14:22] Probably one of the first meetings back. Just want to make sure that we're on the [14:25] same page. The event is not going to happen. Like I said, keep on doing what [14:28] I've been doing down there, you know, and addressing the situations, you know, [14:33] but you bet you we're going to have to change it. It's have to change because, [14:37] you know, pox's ping up. We got dog feces. People aren't picking it up. It [14:42] happens. You know, people Yeah. I I would think that it you know that the [14:48] thing is somewhere there has to be a check and a balance between what people [14:51] are scheduling and our town bylaws which don't allow it. Yeah. Yeah. The money [14:57] you spent on soccer field last year was crazy. Moren like to say something I [15:01] believe. Now, it's my understanding that uh recck department is in charge of the [15:08] programs, the parks and fields and facilities, athletic facilities are the [15:14] job of the DPW director. Is he still online? How does he feel about having [15:20] dogs all over the field? Yes, Dennis is. Dennis, what's your feeling about having [15:26] dogs on the fields? I was hoping you was going to skip me on [15:31] this one, but I would blame Lorine. She's not even here. She saw you lurking [15:35] in the background. I I So, uh, yeah, 30 plus years I've been a public works [15:41] professional in and every community I've served. Um, this has been a topic and it [15:47] has been a tough topic. Fortunately, I have been in communities that [15:53] uh did exactly what I think we're gearing up to do is to take a much [15:57] harder look at the issue and instead of just saying no dogs allowed on the [16:02] fields or at the beach or in the cemeteries and that's the end of it, we [16:06] are going to take a look at well what can we offer? Uh, I know that in the [16:11] last two communities I served, and I'm not suggesting that this is the answer [16:16] for Upton, but it's certainly something that should go on on the table for [16:19] talking about is we developed areas within town for dog parks. And Plymouth [16:25] was rather extravagant. Webster was not. It was very simple. It was just a [16:29] walking track. The point being that there was designated areas where people [16:32] could bring their dogs. And then there was rules that were enforceable that [16:36] were, you know, the pooper scooper law where you had to clean up after your dog [16:39] and your dog had to be on a leash when you were walking them. So that there [16:43] wasn't a problem. I agree, Madam Chair, with you that it there's a lot more [16:48] discussion that needs to be that be had here to get it something that's going to [16:53] make sense that we bring forward to the town meeting. [16:57] um that will be looked upon favorably and show that we put due diligence into [17:02] this and and rolled up our sleeves and tried to come up with other ideas and [17:06] other solutions to help the public that that have dogs out there and don't [17:10] necessarily have yards to take them for walks and we know how important it is. [17:15] Um but to uh I digress to go back to the question [17:21] um about how I feel about dogs in parks. So all of all of my staff has complained [17:27] to me throughout the years of the nuisance that it causes for the dogs to [17:32] be on the fields because unfortunately not every dog owner is is good about [17:37] picking up after their dog and a lot of dog owners leave stuff behind and and [17:41] don't really think twice about it and my staff has to deal with that on a regular [17:45] basis as much as the geese if not more. And so that has been brought to my [17:50] attention by my staff repeatedly over the years. So definitely I am not in [17:55] favor of having dogs on the fields. Um certainly not within cemeteries and [18:01] certainly not on the Kuanas Beach area. It's just not something that I don't I [18:05] don't think it's sanitary. I don't think it's it's healthy. I think it's [18:08] dangerous. I think there's liability involved. I think that we should be [18:12] looking into something more appropriate for that. [18:16] I would agree with Dennis on that because we we all love dogs. [18:21] It isn't that we don't love dogs, but it it's not the place for them with all the [18:26] children and families and it's a huge liability. Plus, they tear up the fields [18:31] running around and we have a leash lock. I don't know how they you know, you [18:36] can't let you can't go to the beach and let them loose. One one thing through [18:41] the chair, one thing that I have witnessed on the evolution of it in the [18:45] different communities I've been a part of is one of the things that communities [18:49] have tried that doesn't work is the sometimes allowed in certain instances [18:54] in certain places. No, that's it really is unmanageable and I don't know how the [19:00] dog officer would be able to even begin to enforce that or or keep that under [19:05] wrapped. It just wouldn't work. It's generally it's it's either all or [19:08] nothing. I agree with Dennis. I agree to um I think if I'm not [19:15] mistaken, we just spent a lot of money to repair that soccer field and um your [19:21] thought, Dennis, on allowing a dog Frisbee activity other than the fact [19:26] that it's against the leash law. Do you think that would harm the field? Well, I [19:31] think it it's not just a harm on the field. I think it's sing it sends the [19:35] wrong message too because um it's when you open up that that door [19:40] then it's hard to close it again and then you know right afterwards you're [19:44] going to have people bringing dogs up there and say well I saw them up there [19:47] last weekend you had an event you had dogs up there I'm just I'm coming in [19:50] with my dog I'll be done in five minutes and I'm leaving and then out comes the [19:54] book of a thousand and1 excuses of why their dog is different in their situ [20:00] their situation is is an exception and it makes like I said it goes back to [20:04] being really unmanageable. There's just no way to really manage it. So I I [20:09] strongly believe it's all or none. You either either allow it or you don't [20:12] allow it. But if you don't allow it, you don't allow it sometimes in certain [20:16] situations, in certain circumstances. I don't think that works. I think that's a [20:20] recipe for disaster. It is [20:23] because you have people that are good about keeping their their dogs off of [20:29] all the parks and fields and all of that and then all of a sudden they see [20:34] someone coming in a Frisbee thing and you can't make it for one and not the [20:38] other. I'd have to agree with that. So, all [20:43] right. So, um I think we're Joe. Do we need a motion to put a hold on the [20:49] article? Oh, and I think it would be uh the board you and Moren could just vote [20:55] to um uh that your recommendation to town meeting will be to pass over the [21:00] Okay. So moved. Do I hear a second? Moren [21:05] second. All in favor? Roll call vote. Moren Cornell I. Laura I will pass over [21:12] this article the town meeting. Okay. Thank you for coming in [21:18] Michael. Yeah. Real quick thing. Yeah, we have the [21:22] state. We have one of the biggest towns of state park forest. There's plenty [21:24] places. Don't let the people fool you. I go up there state for problems too. But [21:31] we have we're one of the largest towns of state more than a third of updated. [21:35] Yeah, we have huge you really think we'll see more of [21:40] that. Big right. So [21:45] yeah, we'll get together before then. They said I read the wording and they [21:48] want it didn't it didn't because we vote this vote in all the leash wall is gone. [21:54] Yeah, that would be we need we'll start back. Okay. So, all right. All right. [22:00] Thank you. Have a good night. Little beard sign. You have a little beard on. [22:07] I should. Yeah. All right. See you. Scared how much gray I can shows up if I [22:13] do though. Uh oh. Not going there. All right. So the [22:19] annual meeting motions and presentation discussion. So [22:24] um I guess one of the main questions will be especially for for or Moren. I'm [22:30] going to assume both of you and that that Moren will be uh recovered and and [22:36] and full of energy for town meeting. I hope so. It'll be pretty lonely up [22:41] there. Never thought um I hope so. I don't like being sick. [22:47] And the in the board's packet is not only the the motions which um the board [22:52] was copied on an email I sent to Dave Ler because he raised a question with [22:56] the motion. So these next 24 36 hours final refinements of the cards. [23:04] Okay. Um so I have the motions. We're we're producing the cards. We haven't [23:08] printed them yet. Um, but I also, uh, Sue worked on a motion assignments. Uh, [23:15] Brett is not going to be at town meeting. So, question ends up being, you [23:20] know, in this in this list, I'm just showing the hard copy for for Laura. Um, [23:25] you know, out of the the 47 articles, [23:29] um, you know, about 30 of them are the select board. So, we can do it a couple [23:34] ways. We can say, you know, do you want to just one hand on the first half, [23:38] someone else take the second half? Well, Morin, I don't mind playing it by ear [23:42] till Thursday night because the meeting you were at the wedding. I couldn't [23:47] speak and Brett goes, "What motions do you want to make?" And I said, "The ones [23:52] with the fewest words because more than a sentence." And I choked to death. So, [23:56] let's just play it by ear. Thursday night. I just a recommendation um that I [24:04] think um when I first got on the board, Fincom always did the omnibus [24:10] article, all the stabilization articles and [24:14] OP. I mean, let's share the wealth. So, this um I sent the packet link back [24:25] to like your Gmail. If you look through, you'll see we're spreading the wealth. [24:30] So I already have it going to the FY26 budget stabilization, capital [24:35] stabilization, OPED. Um, so I already have that divided and then CPC board of [24:42] assessors. So I'm trying to spread spread the wealth. Um, so that's already [24:47] I saw that. I saw that, Joe, and I thank you for it. Um, I just hope I wanted to [24:52] know if um Laura was on board with that, too. [24:57] Absolutely. Especially if I'm the only one there. [25:01] You might be. Yeah. I hope I hope not. I hope you're [25:05] feeling better. But yeah, I think you know Joe's spreading it out. I agree we [25:10] should do it that way. I'll carry whatever I need to carry. If you can, [25:15] you know, if you're a warm body for support and that's all you manage to do, [25:19] that's fine. As long as you're, you know, you don't contaminate anyone else, [25:24] we'll be fine. Mask on. if I'm still sick. I don't know. Just came on me all [25:29] of a sudden. I was going good this morning and then man, I hit the wall. [25:33] Wow. I don't know what it is. So, um we'll have these cards separated [25:40] out. So, um we are posted for 6:30. Okay. [25:47] um uh if we may not need to, but if we wanted to open it and then if the PI if [25:55] um whoever shows up um wants wants to take on a specific article, we can have [26:01] that discussion. Okay. Um or if there's information in uh in the meantime [26:07] something changes because I know there's some attention being paid to the Holy [26:11] Angels. Yes. they at least will give us we're posted so if we need to react to [26:16] something I'll I'll be preparing to and work with with Laura on a a slide within [26:23] the articles just uh especially for that article 27 holy angels just just to sort [26:29] of state what what the board's objective is with that article yes I think we need [26:34] to clarify article 27 Moren I don't know if you've noticed but it's been all over [26:40] Facebook they're presenting it as this is an article to put the arts in there [26:46] and it's really an article to determine the structural integrity period end of [26:52] discussion. Um I thought we've made ourselves clear in multiple meetings but [26:58] I guess people have run with it and I've read things and I've been like wow [27:03] that's amazing because I don't know that but it is what it is. So Joe can clarify [27:09] and I think we'll be fine. I just don't want people voting against the money [27:15] because they don't want the art settle. We do not know what is going in there. [27:19] We just need to know if the building's structurally sound. There's a lot of [27:23] things that have to be done to it and we need to have somebody look at it. We [27:28] need a we need a number because numbers change [27:32] and a long time in that article. I wish I I wish I could [27:38] buy a house that was priced six years ago. Yeah, I think that's a perfect [27:42] example. Yep. [27:45] So, okay. All right. Okay. Well, that was [27:51] easy. Okay. Um I honestly my emails have been wacky. [27:57] I did not see the minutes, so I apologize. So, I think Moren, I'd like [28:01] to pass on the minutes because I didn't see them come in. I I don't know what's [28:06] Well, that my pants have been on fire with the spring market has hit hot and [28:10] fast at work. So, um, honestly, I said to Joe earlier, [28:16] if anyone's pants aren't on fire, I'm not paying attention to them. It It just [28:22] is what it is. Not in a bad way. No, no, I don't mind passing over. We can do it [28:27] at the next Or we could do even Thursday night if you wanted to. Okay. And um I I [28:33] think our next meeting is supposed to be May 6th, but that's that's the day of [28:38] the election. So I'd like to move it to the following week. Just kick everything [28:43] one week. I think that's what we usually do. I don't think we usually meet [28:47] election night. Towns don't. So even though it would be scheduled the sixth, [28:52] it would be the following week, which would be what? 13th. [28:58] Got to change our meeting to the 13th and the what? 27th. On the [29:03] 27th, I think that's a good idea. You mean we're not going to meet every [29:09] week? I think we've been here every week all [29:12] just I think we have one week off since January last week. Seriously? Yeah. [29:19] Yeah. I think I didn't know what to do with myself that one Tuesday because I [29:22] was missing all of you. [29:26] All right. So, I think we do it the 13th and the 27th. That's fine. Yep. Brett [29:31] may be back. Yep. In full swing by then. So, do I hear a motion? Did I move on to [29:44] We appreciate it. We We'll recruit Denise. [29:48] Um do I hear a motion to adjurnn? Anyone else? Sure. For um that motion for [29:55] adjourn because he he is on the call. I would like to uh thank Dennis for [30:02] stepping in and being the acting town manager for the last week. Um yeah, the [30:08] fact that I didn't get any emails or calls uh on anything. I I know Dennis [30:14] had uh had everything locked down and I was going to say, Dennis, you were so [30:19] spectacular. I didn't even realize you were doing the job. [30:24] You wasn't telling anybody. I didn't know that. [30:31] So, well, well, Joe is doing a southern tour. You know, you did an awesome job, [30:37] Dennis, as always. Absolutely spectacular. So, now Joe, we have to [30:42] wonder, why was it so quiet while you were gone? Are you really the center of [30:46] the tornado at all times? Maybe. Maybe. So, [30:51] all right. Well, I want to thank everyone. Um, do I hear a motion to [30:55] adjourn? I move that we adjourn our meeting. [31:00] I second the motion. Roll call vote. Marin Dwell. I Laura have I. Thanks [31:06] everyone. That's record time. 52 minutes. [31:10] Thank you for putting up with me. Thank you. Kip banner.