time at 6:30 I hereby call the order this irregularly scheduled meeting of the Su board our first order of business tonight will be to approve the minutes of our last meeting April 8th a motion to approve the minutes of April 8 all right we have motion made and seconded to approve the minutes of April 8 all those in favor hi hi Crystal J joh do nothing thank you all right first order new business is a building permit fee request want to give us some background yeah so um we have uh Dr oolo Who Um owns Falls Farm on the border of sundland and monteu um and he's been trying to put up a barn on his property um started out with a contractor uh and we discussed this a little bit two weeks ago um started out with the one contractor moved to a separate contractor and um typically when there's a new permit pulled for a building permit you pay the fee all over again this was a pretty hefty fee um so there was a request to um reduce the the second Fe and then we have the Building Commissioner and the property owner you have questions about the process or yes right um where do you want to start I I don't know do you um I don't know Tom you want to yeah I don't have the know website okay that just showing at the beginning the um from page starts without a permit the double and they're nonrefundable um you want me to give a little beat on the p that how said the president I believe the the board voted on that was approved um June of 19 so that's been not you know not changed or uh raised or anything since then um I want to say the last big one in town was a um because not only do they want to waave the fee for this but work's been continuing um I got an email from the prior oh first contractor fir it was issued 9:15 to 23 the email from Zach the prior contract first contract ctor was 1222 of 23 that um formal notice you know forming no longer engaged with the project the same day the doctor had actually sent as the property owner on 6 on 1222 23 that will be having a new um homeowner new contractor PLL for himself the homeowner ASAP um I did not receive the application from the new contractor Eric Buckland until 226 24 and you know still missing information still never received anything of fee which the town had always didn't want us to even start the process but I soon as I get it we start working on the process of the um reviewing that um and then about three or four weeks ago the conservation had sent me a picture the steel had continued which you'll see this isn't unfortunately the big structor um I want to say the last big one I caught without a permit spal one was a commercial r I'm not going to say an address or anything but the fee was I think 5,000 because the double went from 2500 to around 5,000 um so my thoughts were that you know not only did I not receive the fee originally but this definitely should be a double um due to the reason that this work has continued and the home the owner U Dr is not um you know contract is noce you know it continues obviously since um even if he wasn't put back on till February your licensed your liable for all this this work should not have you know continu without even a permit and to clarify the work is being done under the new contractor correct okay thank you it took over two months to actually get an application from new contractor but since it's been applied for they been you know it's under I'm assuming under his um Authority and it's continued the foundation was put under the pr part right or I'm sorry the foundation was poured under the previous project yes so what you're saying you're asking for is for the the sitting fee is the first one but double this time because of the work p formality like everybody's been treated you know you pay the first fee and because it's Contin to work it get double and unfortunately it's over a million dollar a cultural building so it's almost $220,000 being doubled up so so was the initial fee amount Incorrect and the building's much bigger than was initially app for um for some reason the first um under Zach the per fee was 10,000 something okay but that was was that for the same size building or was that for a smaller building yes the same same size okay so then so then he stopped what what percent of the work did you do on that permit um like if if it's a $10,000 fee this probably you know a certain amount of time it's going to take you do the whole thing what portion do you think you with through on that percentage wise I'm sure I was under the assumption that's why the fee went down based on the cost of the project yeah and it went down to 900 something not over a million dollars okay so I was just assuming they took the foundation off which is fair y you that's what it came to correct okay okay so Tom how much work is it on your side for this fee to get changed from one contractor to another basically it's a whole new review you know I I you know still chasing I've emailed six times for a working comp certificate um you know soon as it comes in the process starts so you're starting the whole thing and all sign offs are supposed to be you know getting gotten again and prior to our meeting the other day we still you know conservation was notified by the owner um to get that sign up yeah so if conservation was not signed off on the first permit they have to sign off again on when it changes contractors yes even though the footprint of the building doesn't change or anything you can't use that same sign off usually it's a you know as long as they call it the like conservation iuse for instance you know they're going to say I've already been out there I've got the plot plan we're good to go it's just another okay we usually do it by text or email she's right right away we'll send it all right so there's no actual work involved for conservation to do this the second time it's just them sending you a text saying it hasn't changed we're good um I can't speak for them but I mean being this close within a few months I would hope not unfortunately it's a big fee because it's a big you know huge building and in a huge the cost of it nobody never been questioned people right well unfortunately I think we're when we're looking at a fee this size and again um we know what the reason was for changing contractors I don't know which side I didn't really figure that mattered they just I I received the email from Hulk you know going out of their their partnership together so I didn't question that part I do not know too bit too busy and he couldn't just didn't have the b i me I guess my question would be was a contract signed did that contract have language to talk about what would happen if you were too busy for the project are you going to go after the contractor to recover some of the costs involved this I these are all questions that my I'm a professional engineer with engineering Solutions here on behalf of BS Farm there's a couple questions I want to ask prior to getting into the conversation of you know the doubling the fees or where that would fall looking at the fee schedule for the town of Sunderland there is an agricultural building on landel or devoted to agricultural used where first thing I want to ask is why that fee wasn't used this is a registered Farm it would drop the permit fee down to $4,100 and change 4170 be exact if you include me if you don't be 25 prior they have gone to the um planning board asking for they were going to have events there so I right now it's considered an agricultural building but prior they put it in they put it as a commercial build and never questioned it but I know prior they had gone to the planning board because they wanted to have events there where they the town while that yeah that that's that's not true this was always going to be for Farm use we were not going to have any events there I sat down in a meeting we talked about that possibility that was a separate building like a post D building that that is not this place where we're going to grow stuff so that was that was another project that I was thinking about doing when I talk to you folks on the same agal property correct yes but but it different totally different building um that was just a concept to see what it would take on the town side to see if it was even feasible that is not they're different buildings and farming I mean there's many avenues that an agricultural use building can both events there's firewalk permits that they can apply for they can ask for a one day extension and occup occupancy loads there's many ways to approach it that doesn't force it into a commercial use the now just revisiting the tram we would ask that to be considered just moving forward on this permit um often times permit that we've been involved in I know there has been some time lag between the contractor's activities uh but normally you can transfer the lead in the work or some municipalities allow that so essentially building permit would go from En a to entity B because the review work has been done and I'm not criticizing Tom's work at all but this building has been reviewed so to come back and say I know it says down 15 work to be doubl or the excuse me the permit fee to be doubled if it's unauthorized work um I just seen a permit that was issued and was never ascended as far as I know I'm getting involved this now so there's from what I've been told there's no cease and assist on the prop project there's no official order that was served to them as well as building permit originally is still out there let's say it's never been res sended so I guess an email went out and I apologize I don't have all the dates but an email went out on Palm Sunday asking for work to stop and I've informed that work from that day forward never proceeded again like as we're sitting here uh the foundation work was overseen by the engineer that designed it um there's tting from Alli testing everything follow protocol that you would for commercial space so let's say for argument sake that some work some steel was erected in between the time frame Tom notified them and they didn't stop or however that proceeded on a penalty level let's say that accounts for 5% of the building I think it's unjust to ask for any sort of doubling the fee on a a permit like this other municipalities that we've had work continue it's always been in a sense negotiated or just get back into the compliance which we're here to ask to do nothing malicious was taking place that's just so so so the first contractor the plans were approved everybody signed off they will give the go ahead to go and they switch contractors and before they finish the paperwork for that change they did some work is that really what we're talking about correct I mean just an example as far as the review the first contractor had provided his work's policy had the Y new one doesn't have insurance I'm still waiting for that sure um and I'm not here it's up to you I have to go by EV understand understand like I said unfortunately it's the amount and all but you know everybody's nobody's ever had to come to the board before to ask for the you know to be lower that's up you to do that wouldn't be me I have to be fair and Tre everybody the same so Tom at this point what you're missing is the um the insurance paperwork basically if we put it under an umbrella is that what you're missing we set meeting that all has stopped now it's all good they're working on the things there's a few other things but they're working on it we're getting all that okay we've actually had a meeting um with the new contractor and all last week so good hi good evening my name is mlen and the accounting manager for the farm um thank you for allowing us to be here for this meeting we do have a an insurance certificate and a letter from our insurance agent um actually they issued even a certificate for p to the town of Sunderland which I have in possession here and our insurance is also agent issued saying that the policy provides the required workers compensation coverage for all employees of false farm and any people that are legally considered employees by Massachusetts law so when you have a final audit for your workers compensation will come in they'll look at all your records they look at your payroll and one of the items they'll ask are any 1099 contractors you're required to pull those and show those to the auditor now obviously you want to make sure that those people have their own coverage because you don't want to be you know responsible for pay anything if they something unfortunately happens to them but God forbid if something happen to them and they were uninsured or underinsured our policy would be required to pay for those people under Massachusetts law so if I can just explain that so I've never gotten it where the contractor didn't have it and it was a a um agricultural farming policy so back when I was in business and I did Roofing the percentage of roofing is based on what I paid a year Ste probably a little more I think a little more Ma so I reached out to the state I've been in the office before to try to avoid these issues Allan Green in Boston and it didn't make sense to him so he advised myself and Jeff to talk to council and Council agreed if they Boston didn't think that was the way that's why they wanted me to reach out to council that um if I didn't want to get into this just a fee but the um it was okay that uh Council told Jeff and I if they get a letter from the agent saying they will cover the Farm Workers to set this steal and that they're going to cover and take care of um you know the contractor that doesn't have work that Council said we're okay we're just waiting for that but they haven't had a long time to get that yet so yeah I do have it here I copies and that's all part of the review the prior person had it all there yeah so it you know it didn't look right so I questioned it [Music] if you if you were to give us a percentage or ratio between how much work it took to do the permit the first time and how much work and I want to include this meeting and the going back and forth back of December as part of that process because that is part of the process would you say this say half as much work as the last one that's fair half to 60% that is fine so obviously the other the board have their own opinions um I would be comfortable making it a wash where we don't reduce the B but we don't charge the doubling because you're doing about half the much work so we say hey you just look at it as we reduce the fee by half and then double it or we need to PE alone and don't double it but either way I would feel comfortable as that being a adjustment down for the lack of extra work that we need to do but then adjustment up to take into consideration the work that was being done Department you have a opinion on that that that sounds good to me crystal does that sound fair to you or do you have a different take on that so I guess I just want to understand what you're saying for sure so you're saying that adjust the fee down to the Agricultural and allow the fine for the work being done which causes it to double what I'm saying is the fees whatever we call $20,000 let's say just to pick a number whatever it is we can either look at it as we half that fee and then double it or we look at it as we just leave the loan but either way I'm saying we charge them the full fee but we don't increase that because of the the unpitted work so you can look at it as we are having the fee and then doubling it or we can look at it as we're just you know balancing them out and however you want but [Music] um I don't necessarily feel comfortable going all the way to twice the full fee just because a little bit of imped work was done I think that's a little bit of an overreaction nor do I necessarily feel comfortable completely ignoring the unpermitted work because that's a a precedent that we set in town and that's an important thing and there's a reason why we have language in here about doubling it is because it's to prevent people from doing unpermitted work so that's why I'm saying I feel like we can go down and up and then just end back where we were to begin with and I feel comfortable with that um but that's why I'm asking you guys what we do about but at the end of the day your proposal is um no additional fee or that what's been paid to date for the permit is going to be considered enough no I mean what they paid for the old permit is what it is talk about for the new permit they the Town says you have to pay the full price of the permit plus because of the UN un unpermitted work we're saying we would normally double that but instead of doubling it we're saying no we're going to come in with just the the flat Fe a second time I have a question how do you account for the over the overcharge initial overcharge by two and a half times as much as the building should have been charged for a building permit that was the I think I think it was charged incorrectly up front so my my short answer would be that would be something to have taken up back when you applied to that fee with the old inspector um that was not you that was no that was that was me that was you also um I mean our our Town's understanding based on conversations and I understand you're saying this is not the case but AR Town's understanding was that you were planning on having entertainment on premises and B on that that's that correct that's what the was no um I understand commercial so there's um two other Farms one on Russell the um chicken and then um whatever the other street is there's two and you know it's not the Farm Stand it's not the little farm they always put their I don't question it because they always put them as commercial permit it's a million dollar building you know they put it as a commercial being a commercial building um they don't go after the culture exemption but that' be your your thought you know that was more for a small small town farm with a you know family run so just based on the other two people that have put the U I've never question the first one is put in his commercial so I believe what you're asking if they would pay if you're going to go down to the agriculture or go by the commercial which is the applicant has it now um and that would be your decision but to be fair the other two farms and they've done three or four I'm trying to think of the name one that's being sold now to some of the El they've done three or four you know nowhere near the size of this building that always put it as a commercial commercial application Riverland Riverland K yes so to revisit that discussion there there's no definition within your user fee on the size of the Agricultural use so we would ask for that to can think you know considered because most likely from the outside looking in it appears that it was overcharged whoever error it was um but nonetheless the money is in the department for this project so I kind of agree and would urge the board as I don't know the LA name of Miss Phyllis but to to go along that line if there was going to be any fee or penalty imposed to find it already paid and they essentially would almost be a credit still you know a lot of things it gets difficult and I see for Tom as well a lot of communities have this throwin that okay if you begin work without D get I'm sure if we look up case law and something large like this or larger there's either a negotiated settlement on percentage or because there let's say it was a $20,000 per the the amount of work that we're talking for this confusion and Tom's doing his job he enforced that he feels work was taking place without the permit but from a realistic and um kind of business compassionate Farm compassionate sance if it's four columns in the you know the pein line to it what does that equate to 5 10% of the work and when we talk about the permit as you mentioned there's an administrative side to the permit which yes is being duplicated on some level all the inspections and all the closeout side of the permit is still alive that fe's never been exhausted yet so there is State standing it's um and I'm not pretending to be an attorney I'm just going to read it out because we have it it's Emerson College vers Boston and it established three criteria for what ipity can charge for fees right so the it says a fee must be charged for a particular service that benefits the client which this is right it's an exchange permit for building the fee must be paid by choice it's the owner's choice to pay the fee that's agreeable on three though and this is the state standards what came out of that ruling a fee must be collected not to raise revenues per se but to compensate the government entity for its expenses in providing that service this has been interpreted to me that a fee cannot exceed the cost to provide the service so to say his violation assess the town another $110,000 and cost is wrong I'm sorry that's not a fee that's a five oh exactly it's a different thing but then if we get into the finding parameters they were never served order they were never given no they came to town they said were switching contractors they knew no well I believe there are switching contractors before the any notion of this well I'm saying the new contractor should have known that when the trans when when he pick ownership of the project that the old permit did not apply to him that that's the contractor's fault you can do whatever you want cont okay but fine it is common that it does transfer to the new entity it does yes not retroactively when work is being done without there being feed though that's the without there being penalties though um and the point of the penalties is not recover costs to the town the point of penalties is to make there be a sting to doing work illegally sure that's the point of them and they do not fall into any kind of category about whether or not they're recoverable expenses or like that um but this would apply directly to the fee itself also yes but also the cost of the fee is not just the 17 things he did to do it it's also the percentage of the overall operating budget for his Department If the percentage of the operating budget of town here doing this cu part of the whole thing so yes you can say like I only can count this much money versus stuff being done physically for my property but that's not the whole picture sometimes it's going to be a little more than the actual cost sometimes be a little less than the actual cost what you're talking about is the state saying that as a whole the town can't make money off of the process and as long as at the end of the day our fees are set such that we're coming out roughly even that's what that was is from my perspective that's what that ruling is saying not that any given individual permit has to be accountable for every dollar spend that's not no we weren't applying that directly either it was just let's say the way this plays out if we were to find out with the agricultural use the permits 4200 would change right 4270 would be exact triple that is $122,000 and again not diminishing Tom work or any work but the amount of inspections that that truly entails and work I feel hard pressed to think it cost the town $112,000 to do that let alone $30,000 do you and I'm not trying to be offensive I'm just trying to make it real so let's say there's I think there are two different things there's our fees which if you're going to challenge our fees you can challenge our fees we're talking about this fee in this instance so let's stick to that and then we can if you feel like our fees are unfair we can have a discussion about that another time if you feel they're illegal you have an option to do that we think that they are fine Y and and I I can only speak myself but I do not feel inclined to adjust the fees solely because you don't think they're fair if we have a discussion about adjusting the fees because this is a successful circumstance where you've already paid for one Fe and what not that's discussion but you're not going to get a lot of traction TR of the fees in general aren't Fair because that's not a this is a equally enforced fee schedule across the board you know two different separate things in that event that's kind of why we're lining up that we would want to stick with the agoal provision that's allowed in your V schedule which would put our permit at 4,000 and change 4270 that is that it's fairely to do it because I think it was overcharged whether it was a misunderstanding or not that's water under the bridge but in reality you know that building is never going to be used to have parties in it and when we met it was for another building at a different location on the property I also just not entirely sure it's the towns responsibility to tell you how to submit your permit and if if the permit was submitted as a as a commercial property and wasn't submitted as a agricultural property which correct me if I'm wrong that's why I'm hearing from that's not the town's responsibility to look at that and say you're right that's not fair and you can bring it to us and we're having a conversation about it but the fact of the matter is is that that wasn't our responsibility to catch fix tell you otherwise um as far as I'm concerned the first fee is and has been passed and gone and we're not going back in time and adjusting the fee that youve already paid for something that that worker started on and whatnot what we're talking about today is the second fee for the continuation the work under the new person um so back to what I suggested if you want to look at it as we go down to the agricultural fee and charge the double because the work started okay or you can look at it as we're charging the the fee and not doubling it um either way it's going to come out to be a very similar number um obviously we can discuss what that number looks like but I guess the qu my question is you really feel like we don't have an obligation to assist somebody in assuring that they have applied for the correct permit so if I have commercial property and I apply for a residential permit shouldn't someone assist me and say no you should be applying for a commercial permit I mean I yes if it doesn't make sense but from my understanding it made sense because of the past similar projects that were put in as commercial I this a commercial building like I said it's not the family farm and it's happened there's been the precedent has been set for three or four I mean they'd probably come back um like said Russell Street I think there was two projects on that farm and then the other one was two or three um and all put in I want to say the solar they even even put in as solar cuz it's a it has employees there's operation there it's not the agricultural exemption to um was for the little family farm owner occupied I I don't know if the board wants to take some time to think about this and we can you know revisit it at the next meeting um how do you guys feel about that uh yeah I mean we could I was just going to ask so so we charge the initial One commercial so is it's coming back so we can either look the double it right and we can say that the next let me make sure so the they apply for a second application new permit does that mean the fee for the second one is going to be double with the first one was or is it no the doubling is just saying that whatever the new permit fee is yeah gets doubled because work for that permit started before the permit was so if we end up deciding it's a $4,000 permit because we go agriculture whatever it is we could double that to eight if we decide it's a commercial building and we want to go with the full thing we could start with the whatever $220,000 and double that that's sort of the the upper and lower ends of the with the pressing on the the towns on all the other buildings we've done it's always been Comm yes sir so so I guess what I'm thinking is that's that's probably good to keep it that way but then we have to think about reducing based on the level of effort and that's why I was saying that like whether you want to consider it that we have the original the original fee but then we double it because of the UN perent work or we wave the the fee or we wave the penalty and just charge them the full fee either way it ends up being the same amount which is yeah I gu one more question so at the end of the day how much extra do you think it would be to do both of these you know is it an extra 25% is it an extra for what about half again as much so you put them both together you can get about a 50% premium okay okay thanks I'm saying like I'd be okay with having the fee but there has to be some consideration for the work being done okay if the Board needs to take more time to think about it obviously take your time but I do know that um the building is erected they to finish it so sooner that you get to a resolution I think that is fa um s yes go so if we're going to proceed you know a penalty phase to this permit side what happens in a lot of communities I'm not sure here in Sunderland do we all agree there's a percentage of that permit fee if Tom mentioned it takes 30% 50% whichever that exists from the first filing right or wrong if it's a commercial or right there's 5 $6,000 sitting there that was never de feed could that be yeah because he never fulfilled interest understanding from a strictly legal standpoint does the two things are highlighted in the mon one it's a non-refundable fee which means that every penny of the fee that you applied for the first time is not refundable we can choose to make it refundable we can choose to to do that but the fact of the matter is knowing that going into that permitting process you guys said yeah we understand it's nonrefundable Fe and the second part of that is that there's a doubling if work those are very clear explicit things that all parties knew about going into the permanent process so and I guess we're not asking you folks to we're just asking for some sort of compassion right because false Farm doesn't build buildings for a living he he's a doctor and he has a farm that he wants to run the our goal is to be a viable business in the town of Sunderland to be cooperative to be a good corporate citizen Dro is a well-regarded position in this community and he along with all the employees at that farm want this to be a successful viable business venture um Dr aulio is trying to design that property there's a in security problem in Western Massachusetts we produce that commodity we can help with that that's what we're here for um he's trying to do lots of things to make it not dependently like to reduce the energy consumption so that it's all natural so that we don't have to pass that high cost on to people so they can afford food to eat that's why we're here when we were the new kid on of walk um and we went to our fellow Farmers for advice they helped us us and you know what when they needed our help dror pull you help them and anything they needed and that's the way you work in a community or together it takes a village so we're not here to circumvent anything that's F of us we don't operate our businesses that way we want to be compliant we have insurance um all the people work here that's part of my job to secure that when we met last week with um Mr Clin the next day I was in that office I was on every every request and I have most of it all here because we need to be compliant uh we need to get him what we want what he needs and we want this Farm to succeed and be a viable part of the community for years to come but that being said we're a startup and start of businesses lose money and we've incurred some extra cost too like I asked the L surveer please go out there because we needed conservation to to I think we're on the agenda this even for conservation please go out and make sure that that plot plan is exactly correct for what that town needs so that was an added cost but we want to be compliant um so I guess being a startup we're here to say it's with the most humble request that we would ask you to Finly consider a transfer of the fees to the new permit it's not that we haven't paid them previously we have but to pay them again it's a hardship for a startup we're here to be helpful to do what is asked of us and most of all to be compliant yeah we're not we're not trying to do anything crazy here no honestly we're not it's a good project you know um I have a lot of great ideas for people around um it would be great for the town it would be great for the other town this is not we're not against you well and we're not against you either but it is our duty to make sure that we I I get I get look out for the town and that part of that is the building inspector exists for a reason is to keep the ciens of the Town safe it's to keep the people who go to your farm safe it's to people who work at your farm safe this is all what that's about and I get the compassionate plea unfortunately or fortunately depending how look at that if this was a Satan worshiping church trying to put in an agricultural thing I'd be having the same discussion and I would hope that that either side of that I would not be taking into consideration things that are not facts of the the matter and yes I I I understand what you're coming where you're coming from what not and we're not trying to be overly punitive but we are trying to not even set a precent but work within the precedent at H is set in order to encourage other land owners in town to do permanent work correctly yes yes so that said I before they start I wanted to say that if you you want to think about it and wait till the next meeting if they were to get all the information and they had their word say after you gave them what the fee was I could issue the permit contingent that a week 10 days whatever you decided it had to be they would pay at least it wouldn't hold up that's why helpful because that gives us the I would I would prefer and I know you may or may not be ready to do this I would like to to know what we have to pay today if it's possible you guys you guys can take five 10 minutes I'm not telling you what to do I'm just saying take a little bit of time you kind of know the store okay uh I need I need it's costing me a tremendous amount paying everyone up there all the equipment this is like the real you know this this is a real project so I don't have to I can't lose an extra we 10 days one day costs me a lot one day do we want to talk a number and see if there's a number that the three of us can agree on feel good we can go we leave can't we can't you can't unfortunately go behind Clos doors nature believe me it make things a lot easier sometimes but no it's it's it's good for transparency everything like that um so we have to do this in public one way the other yeah I mean yeah I mean I'll just throw if it's 50% more work just the fee should be 50% more and be done I mean and you and no no penalty for I don't know work and I'm in a struggle too because that first permit was paid that job did not get completed there was sometimes it's not our fault when you have to change a contractor right I I would have to guess the reason for changing the contractor was probably very valid and in that property owner's best interest to change contractors and maybe even for safety and everything else to change contractors I don't know the situation nor can I you know presume it but the fact that he paid a fee that large to start with I I think we have to give some consideration to that because that job never was completed and to say that he has to pay that entire Fe again I'm going to really struggle with it okay would you both be comfortable with saying $5,000 for the new fee that includes everything no no penalties or anything like that but that's about half what the first fee was and is probably more in in line with what they're asking for in terms of agricultural would that be something you guys feel comfortable with I'm I'm comfortable with brst do you feel comfortable with 5,000 if if we're saying 5,000 they could start work how much how far away from are they from being able to start work again Tom I believe she said they have I usually I do with a contractor with this is way of project like so I haven't heard from you know um but if he's G everything wait for us he didn't want and to be fair he was so reluctant when he saw that we were going to have to pay another 20,000 he's like I don't feel comfortable signing this if I sign it then you got to pay it and he's like we can't we can't just do that yeah so that's how this whole thing started that's the delay and him just signing off on this thing he like you're crazy I want spend your money like that just in terms of timing we settle on a number today tomorrow you get all the information from their business manager that all of the things you needed to have which was the workers's comp and whatnot assuming all that's in your hands tomorrow how quickly can we give them the go ahead be the next day I checked before the meeting nothing was attached to start the check off list the do cat yet I was going to be able to say we're already moving forward now I know you said before that in general we don't start start any of that stuff without having payment no but you're okay yes okay just want to make sure you're so I would feel comfortable giving permission to go ahead and move forward ASAP if the board is comfortable settling on a number motion to a motion to have to Fe the extra 50% on the work and and uh do you want to say a specific number or just half the fee because whatever half the fee was for the first one he subed the first one was like 10ish thousand something like that right well let's just yeah I let's just come up with a flat number instead up that's that's why I said 5,000 is just because then we have a number he knows what it is you know what it is there's no calculating there no running around and honestly if you're not comfortable with 5,000 I'm comfortable doing 4,000 if that makes you feel better about it um you know these are just numbers we're we're picking out of the air you have a question there let's see what he's got to say so um a couple things here and so in the beginning I asked and we didn't really close it out was the official permit ever resented or no an email and that I said stop it it was 22nd I was going to be getting the per so yes off anything we send it on the 22nd and you know I been talking to the doctor he said it was going to get it right away so was the contract the I'm just trying to establish facts as you mentioned yep so officially the permit is still outstanding it's officially not closed because we can have discussion but unless you resend it it's not closed that would I don't sure no that's definitely in the in the building code the so the question I have is if we went to the agricultural rate to 4170 MH right and then let's say we triple it so we're not set precedence against um the stop work order we can argue the stop work order right because technically the permit is alive but that would be 12,000 let's say he's already paid 10,000 in change 107 10,490 so 10,5 we would prefer not to pay anything extra but yes so and you could think of it as the 14 total that you're paying or 15 total you're paying is that 12 you're talking about plus some Sting for the work being started that the the thing that's that's what I'm saying like you can look at how you want yeah but as you men with the facts of the matter again we're not picking on time the permit survives there is no official stop work order and if it was original it was original contractor doing the picking up the work and doing the work we wouldn't be having that discussion and and correct me if I'm wrong but the whether the permit is open and alive or not doesn't mean it automatically transfers to the new person am I correct that and so I get what you're saying is that hey it didn't really close it's still open I get that no but the the complaint that we are making the the the the penalty that's being imposed is not about whether or not that that permit had been opened or closed it was whether or not an entity was not permitted to do that work without under that permit was doing the work or not the same as if you would had if you never gotten your contractor but we found out that that contractor wasn't actually doing the work with somebody else entirely it'd be the same situation well here's another way to look at it potentially is the permit's not closed the fee if he came in as a agricultural be $4,100 if this new contractor coming in was would be allowed to assume the open permit and the fee stays the same the 10,500 that you have collected in essence you'd get one and a half times the fee as a penalty going by your agricultural rate which he's entitled to do because he is a registered Farm except there's a SE Fe for playing a separate time all right is there an a bit Tom is there an batement process for overpayment of a fee Jeff would know that it's not easy I don't know if anybody that so I guess that would be where they proceed with the original fee if there is an abatement process follow the abatement process right I understood yes and that's what I was saying earlier is that but that doesn't change you know that that's a separate issue if they want to follow an abatement process to try to get that original fee dropped down go for it do that and then unfortunately Nathaniel because you when we were saying 5,000 you said we can go as low as four I don't think we can take that back now no and Fa and honestly four is more in line with the agricultural it's basically what the agricultural one is anyway and so that that's fine with me um and and honestly no no it it was I I heard what you were saying about compassion and wanting to to to do right for our our you know our businesses in town and so I I also feel comfortable to for so so I motion that um we we look for $4,000 to um continue or I don't what do you want to call it Tom a new permit fee or uh what do you want to call this next fee the for the permit fee for um transferring the permit fee yes that's perfect all right so I motion uh $4,000 for transferring the permit fee and um you know they are free to um apply through the abatement process if they feel the original fee was incorrect so all right we have a motion dat and seconded Jeff you have some also that they can begin the work as soon as Tom has everything except for the money right do you need that in the motion or is that just in general I think it should be in the okay cool all right and then all right so I'll amend my motion to um work can begin as soon as Tom gives the go ahead and the fee to follow okay second all right we most seconded any other discussion all right all those in favor I I I nothing all right thank you everybody thank you I appreciate you taking the time for us to work all way through that new one for both of us also sure all right next up is am man the home rule home rule petition for Scott Smith and this is for one of our firefighters that correct yes uh right we got some um special legislation to allow them to continue on after the age of 65 the governor's um Council asked us to amend it um and I will read the motion and then to she has it and then can um move so the motion is that the select board vote to approve an amendment to house bill number 403 which the board finds to be within the general public objectives of the petition by adding the language in bold and underlined below so that the bill in its final form will read as follows not withstanding any general or special law to the contrary Scott Smith a member of the Sunderland fire department may continue to serve their position until they reach 70 years of age or until the date of his retirement or non- reappointment which ever occurs first provided however that this is the new part Scott Smith is mentally and physically capable of Performing the duties of such position provided further that the town May at its own expense require that Scott Smith be examined by an impartial positions designated by the town to determine such capability no and then it continues deductions from regular compensation shall be made under chapter 32 the general law subsequent is reaching the age of 65 in connection with this service to the town for retirement or penion purposes so the thing they're adding is just the part about that he's mentally capable we are allow have the ability tooke that okay which is honestly makes full sense to me anyway so yeah um you just need us to just re approve yeah okay we approve the amendment as read by Jeff there we go second we have a motion being seconded to amend our home rule petition as read by Jeff all those in favor I Crystal Drake CH all right three nothing and last new business we have the finalizing the annual town meeting warrant yes um trying to do motions too so I um do you want to have a discussion so last week then um Nathaniel and Crystal voted on their recommendations for several of the Articles including the budget articles I think um might have been and so I didn't know if you also wanted to vote on those okay all right um all right so there are two outstanding articles that have been added they are the planning board articles um also third there the s decision that we were detering whether we were going to that's right [Music] um yeah so uh battery storage and structure conversion bylaws but we had a very good discussion about that last time I appreciate the planning board coming in to help us through that because that was very helpful answer all our questions um I mean I'm ready to to vote to recommend both of them I think they're both valid do you see on the map where they can do the battery storage yeah it's corner there it's the adult District right where all the fun happens in no yeah it's a tiny little section of 63 it's really just a rock query there's not much else up there um okay so unless there's more discussion I would entertain a motion to um recommend article which one is it nine article nine um battery storage yes motion to recommend AR second we have a motion made seconded to recommend article nine all those in favor I I I three nothing Jeff all right and then article 10 is the um structure one uh having to do Co Corners um and for context there was some concern um from members of the public about whether it would open up the ability for people to be able to do stuff on their properties and we reassured them that the way that it's written it's only about structures of a certain size that work before a certain date that has certain purposes and um we were sent a list of all the properties in town that meet those criteria and aside from ones that are already being used for residential purposes like the apartment complex and whatnot it's really just this building and the closing Corners building that would have fall into this bucket um because of the very narrow scope of it and the ultimate goal which is to keep that building from being torn down in order put departments there you know I think it's a wind the town um and I have no problem Ming forward with it so anything Crystal you want to add to that nope I'm good with it I would entertain a motion so I am I motion we approve article 10 recommend recommend there you go that's a better word all right we have a motion made seconded to recommend article 10 all those in favor I all okay that takes care of the war well there's one more which um I personally and this is personal not you know professional um would vote to to recommend um but I would like to hear your opinions on this this this is for context this is this is a position to allow 16 and 17 year olds this is a petition to petition the state to allow us to allow 16 and 17 year olds to be able to vote in town elections not State elections not federal elections none of the ones that are outside of our purview but for things like annual town meeting for select board for finance committee for overrides whatever um it would allow 16 year and 17 year olds to be able to engage civically which I'm all four so it's petitioning the state to allow us to do it um and for context they are also the the mov to do this is also happening in the other Frontier High School towns weekly nearfield and Conway um with the ultimate goal of being able to have the frontier CS teachers be able to include this in their planning and lessons and whatnot um so context wise and like I don't hear these question at the time I would entertain a motion to recommend article which is it uh 12 article 12 motion to recommend article 12 okay we have a second I'll second it all right all those in favor I I all right three nothing Jeff okay wonderful um all right so that was the last the warrants right right um we have motions which are the same except I put in the budget information um so I will read that off and if you want to um vote on each motion then we can be done with the Motions that one beautiful do all right uh article one move that the town vote to hear reports of the select board school committee and other Town officer committees and commissions or take sorry if people are did you want to ask if there public comment yeah I'm sorry Peter or Dana did you want to say anything no no no I okay this is going to take a while I have public com excuse me I have a public comment um why is this the second week that this isn't being broadcast on FCAT channel 15 the second FCAT let us know that they don't have the Staffing today to be able to accommodate us unfortunately um we don't have any control over that we would love to but we don't okay that's two weeks in a row that the you know that's the only reason we're on here is because we couldn't hear the meeting any other way yeah no we'll talk about article 10 at town meeting yeah no we we we share your frustration but you share we share your desire to have it always be broadcast but we also understand that FCAT is a limited organization with only so much ability to You Know cover all the events and sometimes we don't make the top building for the the events have to cover um and I would love to be able to say that we can guarantee we will always have that here um but unfortunately that is not something that we have power isn't that what you pay that well never mind okay we'll take thank you very much for the answer I'm in over all right thank you thank you all right article one uh move at the Town vote to hear the reports of the select board the sun school committee and all other Town officers boards committees and commissions or take any voter votes in relation there to you just need a motion to approve that or yeah motion to approve is read by Jeff all right all right we motion made and seconded to approve the article as read by je all those in favor I I I Cal Jack John thank you um article two move that the town vote under provisions of mgl chapter 41 section 108 to set the salaries and compensation for set compensation of all its elected officials connected therewith with the school year 2025 or take any Vote or votes in relation there to assessors chair $2,994 21 uh same amount for the clerk same amount for other members annually these are all annual uh Board of Health $1,500 for the chair annually um and member each of the other two members ,200 the moderator at $200 annual set sien planning board um $1,000 for the chair 1,000 for the clerk and 550 for the other members uh town clerk salary um 58964 select for chair 3,275 annually Vice chair 2850 and clerk 2850 motion to approve is your by second okay right we have motion made and second to approve article two read by death all those in favor I I thank you all right article three is the operating budget move at the Town vote to raise an appropriate the sum of 9,888 642 appropriate from the fund Comcast Peg access fund the sum of 53,000 appropriate from fund 610 the wastewater treatment plant the sewer fund the sum of 4,000 excuse me 439,000 54 and appropriate from free cash the sum of 2, 2,11 17,31 for a sum total of 10,597 197 for Town and general Municipal purposes connected therewith for the fiscal fiscal year 2025 all as set forth in the document titled town of sun this school year 205 town meeting Budget on file with the Town Clerk and posted on the town website at www.town of. us motion appr the article by Jeff second all right we have motion made and seconded to approve article three as read by Jeff all those in favor I all right uh article four is capital moveed to town vote to transfer the sum of 45,600 $ [Music] 7063 from the capital stabilization fund for the fiscal year 2025 capital budget specifically for the Capital Equipment buildings facilities and other capital projects as shown on a document entitled fy2 capital budget by funding source on file with the Town Clerk and posted on the town website at town. us and this may be necessary in connection therewi and to authorize one or more tax exemp lease purchase Finance agreements per to Gia general laws chapter 44 section 31 C for Capital Equipment identified by the fiscal year 25 capital budget identified in the fiscal year 25 capital budget for terms not to exceed the useful likely equipment is determined by the select board to take any voter votes in relation there to motion to approve article four as your by second all right we have motion made and seconded to approve article four are there by death all those in favor I I four three nothing I'm voting twice three um Article Five move that the town vote to transfer from free cash the amount of 1,2 28297 to pay a prior year legal bill from motion to approve Article Five as read by Jeff okay all right we motion made and seconded to approve Article Five as read by Jeff all those in favor I I thank you uh article six move that the town vote to appropriate the amount of $177,000 of which 28,000 is from the CPA historic resources reserve and 149,000 is from the CPA F school year 24 undesignated fund balance is requested by the Sunderland Public Library monies will be used for the restoration of the masonry foundation and site of the graves Memorial Library for the purpose of exterior preservation and related work said funds to be expended under the direction of the Sunland public library or take any other action there motion to approve article is read by Jeff right we have a motion made and seconded to approve article six as read by Jeff all those in favor I article move the the town vote to appropriate the amount of 25,000 from the CPA fiscal year 24 undesignated fund balance is requested by the town of Sunderland monies will be used as part of the local match for the mass Trails grant for a feasibility study on the nortic North shared East path propos proposal connecting Sunderland to UMass and the weightly parking ride said funds to be expended under the direction of the town of Sunderland are conent on getting the mass Trails Grant or take any other action there to motion to approve article 7 is read by GFF all right we have motion made and seconded to approve article seven ad read by De all those in favor I I nothing uh article8 move that the town vote to appropriate or Reserve from the community preservation fund annual revenues and the amounts recommended by the community preservation committee uh for committee administrative expenses uh Community preservation projects and other expenses in fiscal year 2025 uh the appropriation of $6,000 from fiscal year 24 estimated revenues for committee administrative expenses $2,419 cents for Community preservation Debt Service on 120 North Main Street uh and then into reserves fiscal year 24 estimated revenues for historic resources Reserve 28945 FY 24 estimated revenues for community housing Reserve 28945 uh F year 24 estimated revenues for open space Reserve 2894 that's number eight motion approve article 8 by jet second motion made and seconded to approve article 8 as is read by death all those in favor hi I article nine move of the Town vote to amend chapter 125 the Cote of Sunderland zoning bylaws is set forth in the document titled propos zoning Amendment ATM 2024 battery storage on file with the town clerk with Provisions to be inserted shown in underlying text and Provisions to be deleted shown in strike through text or take any other action relative there to motion to approve man byet second motion made and seconded to approve article N9 as by yeah all those in favor I I article 10 move that the town vote to amend chapter 125 of the code of Sunderland zoning bylaws is set forth in a document entitled proposed zoning Amendment ATM 2024 structur conversion on file with the town clerk with Provisions to be inserted shown in underline text and Provisions to be deleted shown in strike through text or take any other action relative there to motion to approve article 10 is read by Jeff second all right we have motion made and and seconded to approve article 10 as read by Jeff all those in favor I I chbl okay uh article 11 move that the town vote pursuant to the provisions of general laws chapter 44 section 53d and a half as most recently amended to establish fiscal year 2025 fisal year spending limit for the revolving funds listed in section 356 The General byw to authorize such expenditure limits to remain in place from fiscal year to fiscal year unless revised by town meeting prior to July 1st for theing fiscal year as follows wiring inspector $99,000 plumbing inspector $3,000 Board of Health $16,500 Sunderland Public Library community room 5,000 fire inspector 7,000 and Highway shared use equipment 23,000 motion to approve article 11 is by Jeff second all right motion made and seconded to approve article 11 as read by De all those in favor I hi Crystal Drake chai thank you article 12 move that the town vote to authorize the select board to petition the general court of the Commonwealth Massachusetts to enact legislation in substantially the form below to Grant the town of sunnd the authority to endow legal voting rights in Municipal elections for town of Sunland residents age 16 and 17 years old and further the select board be authorized to approve a amendments to said act by the general court before its enactment that are within the scope of the general objectives of this motion an act granting the town of Sunderland the authority to endow legal voting rights in Municipal elections for town of Sunderland residents aged 16 and 17 years old be it enacted by the Senate and House of Representatives and general court assembled and by the authority of the same as follows section one not withstanding the provisions of section one of chapter 51 of the general laws or any other general or special law rule or regulation to the contrary any individual age 16 or 17 years old residing in the town of Sunderland who is ineligible to vote under state law due to age but is otherwise eligible to vote under state law May upon application have their names entered on a list of Voters established by the office of the town clerk for the town of Sunderland such individuals on the list of Voters may vote in any election for local offices local ballot questions annual town meeting and special town meeting in accordance with this act for the purposes of this act uh quote local local voters unquote are anyone who is eligible to vote pursuant to this act in a local election upon a local ballot question or an annual town meeting or special town meeting in the town of su section two said Office of the Town cler shall establish a separate registration list for local voters who shall fill out an alternative registration form upon turning 18 each local voter shall be taken off said list and notified that he or she must register as a regular voter in accordance with state law regulations and guidelines in order to be eligible to vote said office shall create in print at the town of sunderland's expense the special registration form needed for the purpose of registering local voters section three said board is hereby authorized to promulgate regulations guidelines and forms to implement the purpose of this act if a local this is sorry section four if a local ballot question appears on a state election ballot the office of the town clerk shall print a separate ballot for the local ballot question at the expense of the town of Sund section five the town of Sund is hereby authorized to pass ordinances to implement the purposes of the the purpose of this act section six nothing in this act shall be construed to confer upon local voters the right to vote for any state or federal office or in any state or federal ballot question okay motion to approve article 12 as read by Jeff that was a lot I have got a second all right we a motion made and seconded all those in favor I I read nothing all right since these are consent articles I'll just read them quickly and you can yeah Article 13 move that the town vote to authorize The treasur Collector to enter into compensating balance agreements during fiscal year 2025 as permitted by General La chapter 44 section 53f or take any Vote or votes in relation there to article 14 move the town vote to authorize the select for to apply for accept and expend any grants or donations from state or federal governments or private agencies individuals or institutions or take any Vote or votes in relation there to Article 15 move that the town vote to accept and expend any sum or sums of money which may be available from the state for chapter 90 work and Road Improvement chapter 90 work for Road Improvement and Equipment expense or take any vo or votes in relation to that to article 16 move at the Town vote under the provisions of general laws chapter 40 section 4A to authorize the select board to enter into inter Municipal agreements or take any voter votes in relation there to article 17 Mo pound vote to authorize the select board to enter into contracts for goods and services with duration in excess of 3 years pursuant to the provisions of general laws chapter 30d section 12b or take any Vote or votes in relation there to finally article 18 move that the vote authorize the town Treasurer with the approval of the select board to borrow money from time to time in anticipation of Revenue of the financial year beginning July 1st 2024 in accordance with provisions of General law ch 44 section 4 and to issue a note or notes there payable within one year and to renew any notes or notes as May any note or notes as may be given for a period of less than one year in accordance with general laws chapter 44 section 17 or take any Vote or votes in relation there too motion to approve consent articles 13 through 18 as well read by Jeff all right we have motion to approve Article 13 through 18 as well read by Jeff in favor hi hi Crystal Jack by hi 3 nothing thank you very much and just be glad that someone didn't like do a petition like the whole B will you know wrapped [Music] around uh thank you for all that I know that's a lot to read off at once and we appreciate you doing so all right is that all you needed from us for the uh anual time meeting warrant yeah I think we are ready all right April 26 6:30 to the yeah and for our viewer out there for our viewer out there reminder that Intown meeting is next Friday at 6:30 p.m. and that's in the elementary school gymnasium again right yes okay a week from this a week from this Friday yes the 26 right okay beautiful all right old business us because we've been here for four hours um I don't have anything on my end I nothing new I checked in on the date for the master TRS Grant this June but okay this way there is Crystal anything from you no don't we have the um Boeing contract to award yep yep I was going to bring that up yep that's going to be in his town Min updates isn't it oh oh okay I thought it was under new business sorry all right yeah I mean so we got the mowing bids um and we had three respondents um Hearn Landscaping Eastern and Brooks and Sugarloaf lands um taking in so I I won't say who did what but we had one group with um 1% electric equipment one group with 50% electric equipment and one group with 20% electri um I will say that the electric was more expensive um more than 10% more expensive okay than the lowest bid so again when we go out in three years again TBE we adjust how how that works so that it's closer but the lowest bidder was Hearn Landscaping um who's our current um contractor yeah and so I am going to recommend that we award the contract ract to hear Landscaping um the total bid for the three years was $6,499 and just for clarity and this to be clear this is not saying anything about my preny away we don't have a choice right we sood I mean to put it into perspective um so the low bid was 56432 the second low bid um was when you take into account their electric electric electrification would have come out to 65,66 yeah and then the third bidder um including their electrification discount was 196,50 wow okay and just just was that the 50% yeah okay so there definely premium that was the question we had there was a premium for good'll take time okay yeah so I mean hey we have we have information and yeah and next time maybe we decide it's 20% differential instead of 10% if we really care a lot about it but we are bound to what we decided this time we ask the the viid we got bids yeah we have a low obvious low bidder so at this time I would maybe in the next three years when the contract comes up again there'll be more electric sure was asking is that it tells all three biders hey this is something the town cares about so maybe in 3 years if you want to be more competitive maybe you start working that direction so it has the intended effect regardless of how it turns out um so at this time I would entertain a motion to approve giving the uh mowing contract to the low bidder a her motion to uh award the contract to A Hern I'll second it and um for disclosure purposes um greater than 35 years ago I was married to Robert aarn but I currently have never actually had any Financial involvement with his business very good thank you for that disposure we do appreciate that that being said all those in favor I I I do nothing je thank you very much yeah I I have two other quick things um one I've been talking to council and I'll alai the the new cannabis group about the host Community agreements um wondering if you wanted me to invite Council and we sort of have three options um we can do a waiver we can do a model host Community agreement or we could have Council just draft a totally new host Community agreement and so in my conversations with Council she said hey would you like me to come to a select board meeting and talk them through the various options and have allow them ask questions and so and this is in context of correct I'm wrong but didn't Mass recently change the wording of it so that the the fees that or the tax that we collect has to be accountable for or has to be shown that it's related to work so one of the biggest changes is the community impact fee and yes it's so I believe the waiver we would not get a community impact be um I believe with the model agreement there's some limitation where yes instead of them just giving us whatever that Community impact Fe is we would now have to say here are our itemized expenses please give us the money and we have a time period to do that um and then obviously if we wanted to draft our own it included things like the traffic study and other things that we had asked for previously we could do that too so I mean I guess my big question on on this whole thing is if we have to itemize it and we're a small town with not a lot of expenses and whatnot I don't know how easy it's going to be to tie much of anything to the new facility I mean we might be well say 3% of our police budget or whatever we can figure out some kind of ratios but my suspicion is that it's going to be a lot more effort on the part of the town to come up with receipts for all that then it's going to be worth to squeeze in the money so I guess my question is is it worth doing all this effort and paying our Council and doing all this stuff in order to come to a conclusion that we just wave the fee we just wave it and move on with our lives because it's not worth the 100 hours for you and Cindy in order to recover $600 or $1,300 from them or something like that that's my concern if you were talking about this a year ago I'd have a whole different opinion on it um I just concerned that that a town our size is not necessarily going to I would just say that any time that staff spent working on that would be chargeable to the Cannabis company so chargeable yes but how hard is it to say I'm charging you for half hour of my time on this one day I'm charging you for 15 minutes of the life four times on this one day I'm charging you for a police officer had to stop somebody out in front of your building for whatever I mean I I'm worried about the the work involved in recouping any costs at all and maybe I'm wrong and maybe that's a question that we ask other towns and find out like hey under these new like Greenfield for example hey under these new rules what's your plan are you going to co asking them for money do you have a you know something in place what are your preliminary estimates of what that's going to look like because if it again if it ends up being that we're recovering $400 but it's spending you know 40 hours to get it 40 hours to get it um and even if we can build them for those 40 hours it's part of the whole thing I still don't think it's going to end up being so so yeah I agree and I think that it's more about reserving our ability to collect it in case they change the law right so if we sign a host Community agreement with no Community impact fees we can't collect it yes or if we we find it next year wow I didn't realize we were going to have to have another police officer every Saturday morning because we have we've had five accidents this in the last 6 months of people purchasing going out to their cars using and then driving way so it maybe you're right maybe we find that that I'm underestimating the cost of the town and you want to recover that's why I was asking um that being said I do think it's worth having a council be involved whether it's in a meeting or whether it's just you and them on the phone and then reporting it back to us yeah I mean do is there any sense of how big these fees are I mean how what are we talking about it's so if I Rec correctly Northampton it's something like 2 and a half% tax on top of the like 17 and half% the state whatever so we're going to get the three there's a 3% local tax that we're going to get yes so this would be on top of it um can you do anything in Lu off can you say 3% plus an X number and call it good you can't do that so that's what the law says you have to expensive so I can tell you that in ammer I think the first year of that first cannabis company 3% of of gross sales was about 200,000 yeah but that was you know the second or third marijuana place in western Mass so a lot business than the average business today so okay so so that's not significant chunk of money but if if and that's the 3% that's we're guaranteed get way yeah um I know I mean I I don't I just don't know it's worth our loaders aren't cheap you know their time's not cheap if we're talking about a whole bunch of effort in order to find out that we're just going to be you know so so I guess maybe the thing is we just go with the the host agreement as it is because that has that wording in there and if we never go to them and say here's our receipts we don't collect anything but we have that we retain their ability to do does the model include it uh the model includes some of it and I think that that's that might be the easiest route to go then if we're not if we don't care about things like nuisance you know because the the model host Community agreement does not include anything like that so hey the odors from the shop are bothering the social behind it there's not much we can do about it um if we put something in the host Community agreement about nuisance then we could enforce say we said no older Beyond property lines um we have other AV to for that yeah but I think that yes uh from a cost benefit perspective persective I think that I I'll look more closely at the model host Community agreement and understand exactly what community impact fees we could collect and I'll bring it back to you all and if you're satisfied with that that's and if you feel like you want to run that by ask counsel any questions or whatever you know you get that information cool I just I don't think making it quite as B of A production at this stage makes sense see what other places have done yeah and then it just becomes one of those until it's actually in there and open and running we don't know what those potential nuisances are going to be right yeah you know again you know are there going to be complaints from the apartments near there every single day and the police are going to have to respond every single day we don't know it's highly unlikely you know there's enough places around now that you know I think there's some pretty good hist or you know other places to look at and see what type of impact they are having on their Community but we just don't know okay thank you um and then the last thing is just that I'm working on the annual report for arpa spending subing that by the end of months that's all I got uh one last thing sorry to go back to it but um just for the Crystal and Dan are aware um I did do the subect board report for we excellent thank you and we are not doing the session right yes and sorry yes it says session on here um but that was to discuss bargaining that has been postponed multiple times because of sickness and whatnot so uh we are going to take that not do that tonight and we will add that back in once we actually have done the negotiating that we're be talking about so um that will be upcoming in probably two weeks or so we should see that on maybe the the six or something like that great all right just one other thing only because it just popped in my head and I didn't think of it before um this whole you know earlier discussion here about the building permits and work stoppage and all that will you be copied on that email or on whatever the communication is yeah you know that they can resum Mark yep okay just I just wanted to make sure that you were part of that whole chain yeah if you don't mind just giving quick little email saying pay it's gone through you know the the permission has been given and what not just for for visibility great okay anything else from anybody I was going to just ask you guys for like Tom eating stuff you know because anything you want to high like save you guys a phone call next week that's there um it was a expensive year for everybody I'm sure you probably not the first person telling me that um it was a a difficult budget season but you know we did a good job um the really the one thing I want to spike out is just how grateful I am to town for keeping faith in us last year to pass the capital override doing that allowed us to balance the budget this year basically um if we if we had to come up with $300,000 of budget money for the capital projects that needed to happen um the budget would look a lot different than it does right now um so just my appreciation for the town for putting their faith in us um that it was the right decision to do that um and the data is bearing out that that was the right decision to do so anything from the other members seemed pretty straightforward this year yeah no it was it was not not very and you know the other thing I would just say is that there were a lot of things that we were asked that I would have liked to have done while one of those being the the library had asked to extend their hours and whatnot um unfortunately this was not a year where that was feasible um but that you know not for a lack of wanting to you know anything you want to address no all right motion yes we have a second second all right we have a motion made and second is to adjourn all those in favor I CH by all right three nothing it is 801 p.m time