Date of Meeting: Monday, May 31, 2011
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 8:20 PM
Members Present: James Stanton, Chairman, Kenneth Sydow and Roger Deal
Others Present: Stephen Madaus, Town Counsel; Nancy Colbert Puff, Town Administrator; Lori Esposito, Administrative Assistant to Board of Selectmen
Financial Warrants signed in approval.
Dispatchers’ contract was signed in duplicate.
Report of the Town Administrator to the Board of Selectmen:
1. Town Election Results: The recount resulted in a tie. Town Counsel affirmed the incumbent may continue to serve until a winner is declared and that his term will continue until the next annual election, if no special election is called. The remaining members of the Board are allowed to call for a special election. Aternatively, a special election must occur upon the request of 200 votes in writing. The Town Clerk advises that the cost to implement a special election is approximately $2,500. The timeframe is two months.
2. Green Street Drainage: Larry and Sandy Campo of 526 Green Street, Boylston have entered into a Memorandum of Understanding with the Town of Northborough which will facilitate the construction of drainage improvements designed to alleviate the spring run-off which has plagued the area for over 20 years. The Campos have granted a 20 foot wide easement along the length of their property to allow for a drain pipe to convey stormwater to the rear of their property. Construction will begin at the end of July or early August. The Highway Department should then plan to repave Green Street in this area.
3. Library Director: The Search Committee has made a recommendation to the Trustees to extend an offer of employment to Jenn Carrico. She is currently the Information Services Manager for a regional library in North Carolina.
4. Cell Tower: Mile Hill Rd: An RFP for the Mile Hill Road site has been released; it is due back on July 6.
5. FEMA Flood Insurance Rate Maps (FIRMs) Updates: New FIRMs will go into effect for Worcester County on July 4, 2011. Our former Building Inspector had been working with DCR on a zoning change to address these changes but he was unable to complete this task before leaving employment. A draft zoning change for the Planning Board to sponsor at the next scheduled Town Meeting has been prepared.
The Town is at risk of being dropped from the National Flood Insurance Program if it fails to adopt NFIP standards prior to the maps going into effect. The TA will request that the Board of Health adopt regulations at their next meeting consistent with the NFIP in order to allow for continued participation in the program.
6. Police Station/School Adm Window Replacement: We have an estimate of approximately $870 per window from Country Glass to complete the window and trim replacement. There are 36 windows on the eastern (soccer field) side of the building. The TA recommends replacing 50% of the windows at this time for a cost of approximately $15,000. There are funds available in the Hillside account for this work. If the Board agrees, the TA will advertise/solicit written quotes in accordance with c. 149 bid procedures.
7. MMA Spring Conference: The TA will attend this conference being held in Lenox, MA on June 2.
8. Household Hazardous Waste Collection: The next collection date is Saturday, June 18, at the Wachusett Regional Recycling Center.
Town Administrator’s Contract: Ken Sydow made a motion to authorize Chairman Stanton to sign the previously agreed-upon contract on behalf of the Board.
Temporary Sign Request: Motion was made, seconded and voted all in favor to approve a request by St. Mary of the Hills to post a sign advertising their September flea market.
Bottle Bill Legislation: No action was taken to send a letter of support to expand the State bottle bill.
Workshop Meeting is scheduled for the afternoon of July 16.
7:00 PM Planning Board: Members Richard Baker, Bill Manter, Kim Ames and Laurie Levy appeared before the Board.
- A request for a joint appointment of Ralph Viscomi to fill the current vacancy was made. Mr. Viscomi has resided at 10 Ridgefield Circle for over three years. He is a senior executive at Agramark Inc. (the company owns Cabot Cheese). Recent issues with the builder in his development have prompted him to volunteer. He has been in IT for over 40 years.
- Richard Baker asked if a Special Town election were held, can a Planning Board member also run. The answer is no.
- Ken Sydow asked Mr. Baker why he feels Mr. Viscomi would be a good fit for the Planning Board.
Richard Baker said he is motivated and is clearly willing to devote the time. If someone is willing to learn and volunteer time, they, as a Board, are very willing to accept those qualifications. However, the Stiles Crossing subdivision would present a conflict and Mr. Viscomi would need to recuse himself from anything that comes before the board relating to it.
- Bill Manter said the Board is also pondering the option of having an Associate Member. They have not currently identified any associate candidates.
- Jim Stanton agrees that Mr. Viscomi’s handling of subdivision issues showed exceptional leadership and understanding to resolve the issue with the builder.
Roger Deal made a motion to nominate Mr. Viscomi to the Planning Board. A roll call vote of all (Roger Deal, Kenneth Sydow, James Stanton, Laurie Levyk Richard Baker Bill Manter and Kim Ames) in favor was recorded.
7:10 PM Don Parker, Highway Superintendent:
Parks & Rec mowing/maintenance :
- Parks & Rec collects fees for many activities they run at the Town House but they do not contribute to the heating or electricity costs. Don Feels they should contribute to those costs. One bill last year for heating the Town House for one month was over $1,600. Don feels they are making money and they should contribute toward the expenses.
- Don handed the Selectmen the schedule at the Town House for the year. Jim said they will find out what Parks & Rec charges for various activities.
- Don said he also feels they should be contributing for mowing the new soccer field at Hillside. He refuses to commit his staff to doing it; he cannot guarantee late-week mowing. He does not have money in his budget for extra hours.
- On June 18 a piece of steel from the 911 Twin Towers is scheduled to arrive in Boylston for the Knight’s Memorial.
Earth Removal from Compass Pointe:
- Don Parker believes the loam is being removed illegally. Dennis Costello said he put a cease and desist order on it a long time ago and it has never been lifted.
- About three weeks ago they trucked loam to a Northborough site. Last week, loam went to Goodale Street in Worcester. Can a fine be levied? Don is not sure how to determine the amount, but he has witnessed at least two trucks per day removing loam.
- Jim asked if Tony Zaharaidis has been involved. Nancy Puff went out, but couldn’t “catch” them doing it. Jim Venincasa told her it is material required to be removed for construction of homes, which is allowed, as stated in the bylaw.
- Steve Madaus said we have an Earth Removal Bylaw stating a permit is required for removing loam. The Town Administrator said that unless we are able to prove the removal of material is not incidental to the homes being constructed, we can’t make them pull a permit. Perhaps the bylaw needs to be changed to preclude subdivisions.
- Jim said we should take a look at what they are going and evaluate how it relates to the bylaw.
- A member of the Earth Removal Board, Don Parker and the Building Inspector should visit the site to evaluate it and make recommendations. The Conservation Commission should go as well to be sure they are complying with the enforcement order.
Woodland Drive: A resident planted some trees; another resident doesn’t want them where they have been planted, due to obstruction, etc.
The Legion Post inquired about extra flags left over from Memorial Day being donated to place on veterans’ graves.
Green Street: Northborough is working on the drainage issue. Don Parker wants to pave School Street but is not sure when Northborough will complete their work. He cannot do both streets and asked the Board for their preference. They will wait to find out the costs and time line for Green Street.
Highway Dept. Staff Opening: Don Parker interviewed four candidates. The one he chose does not have a hoisting license but Don would like to hire him with the condition that he get that license within six months. This is a local candidate, as Don is concerned that candidates from out of town might have issues getting in to town in a timely manner for emergencies, snow storm plowing, etc.
Vacation: His vacation, scheduled for June, will be delayed at least two weeks.
The Board asked the TA to come up with options for a solution to the mowing issue.
Parks & Rec/Historic District : Members appeared before the Board to discuss the issue with the tennis courts being used as a skate park.
- Jim asked how big an area is needed for a skate park.
- Joe Diciele said it requires at least as much area as the two tennis courts they are now using.
- Parks & Rec chose to leave the nets down so kids could use the courts to skateboard. They didn’t declare it an official park or approve ramps or anything else. Penny Rickel said the nets were fairly new; the courts were not useable so they didn’t want the nets to be ruined by the kids taking them down.
- Don Parker asked what liability the Town will have if we condone skateboarding. Stephen Madaus said our liability insurance should cover it as recreational use.
- Bruce Symonds said in the Historic District, permission is needed to add equipment or ramps. Penny said they didn’t give permission; the kids just put them up.
- Stephen said nothing should be installed or placed if not authorized. Any consideration would be made after a proposal is made.
- Jim said perhaps they could put signs up notifying people of the rules; maybe with set hours.
- Roger said there needs to be a formal proposal from someone requesting use of the court as a skateboarding area. The Historic District Commission should also be able to consider it.
- Karen Perry said the number of skateboarders has increased and the courts are becoming more damaged. Bruce said the fence is also deteriorating.
- Ken said his concern is the liability issue. The park is the responsibility of the Parks & Rec Department; we need to determine guidelines for use of the property. The liability issue needs to be remedied with signs and removal of equipment.
- Jim said Parks & Rec needs to set rules and they should be communicated to the Police Department for enforcement. Long-term use also needs to be defined.
- Penny said structures should be immediately taken out. Following that they can discuss what should be done there. Parks & Rec doesn’t have any money to construct a park elsewhere.
- Ken recommended Parks & Rec also talk to the kids and/or parents for input as part of the solution – if there is enough interest.
- Penny asked Bruce for an okay to put up a sign. Bruce said he’s only one member; they would need to meet with the Commission to vote.
- Roger said not to put Don Parker in charge of enforcement. The Police Department can enforce, based on Parks & Rec monitoring. He is also concerned regarding liability.
- Stephen said since it is recreational use there should be no increase in liability. Parks & Rec needs to decide the use of the park and if there is no use for tennis, determine specific alternate use.
- Karen doesn’t feel any type of skateboard park would be permissible in the historic district.
- The Board of Selectmen said Parks & Rec is to have the kids/parents remove any equipment within the next week or so; no additional equipment to be installed.
Boylston Food Pantry: Bruce Symonds suggested making the food pantry part of the Town by creating a committee called “Boylston Food Pantry.” They would create a non-profit entity and move it away from the church (First Congregational).
Calliope Theatre Crosswalk:
- The Theatre group spoke with MA Highway about the crosswalk being replaced. Calliope is willing to incur any costs necessary. They would first need permission, as required, from the Town. The Town would need to construct a ramp on the sidewalks and at the end of the crosswalk. Calliope would accept the cost.
- Don Parker spoke with someone about angling the crosswalk from the entrance of Calliope to the entrance to the parking lot, therefore not requiring sidewalk cuts for ramps. However, Route 70 is a state highway and he has no say.
- A motion was made, seconded and voted all in favor to send a letter to Mass Highway asking them to reinstall the crosswalk.
Special Election: (Jim Stanton recused himself.)
- Stephen Madaus said the recount was held last week and a tie was confirmed. Eleven ballots were subject to challenge,- mostly on misspelled name of write-in candidate.
- The incumbent continues to serve until a qualified person is elected. A special election may be held either by gathering 200 signatures on a petition or by vote of remaining Board members.
- If no election is held, the incumbent will retain his seat for the remainder of the term at the next annual election.
- Roger asked if Jim (or anyone else) has to go through pulling papers, etc. again. Steve said yes.
- Ken asked if either of the candidates so choose, is there an option to go to court? Stephen said yes, to challenge the decision of the Board of Registrars on 11 ballots. For no other reason would they go to court.
- Ken said there’s potential for litigation. Conversely the $2,500 cost for a special election would eliminate the need for litigation. Also, what if someone else wanted to run that we didn’t know about. Are we doing a disservice to residents by not holding a special election. Roger noted that even if we don’t vote to have one, a 200-signature petition could still force one.
- Ken said our responsibility, as a two-person Board, is to act in what is in the best financial interest and long-term interest of the Town.
- Roger said there is also an emotional aspect of it. He feels we could just get this out of the way and rid the undercurrent persisting until next year. Let’s put it to rest.
- Stephen said it is in the interest of the Town to consider also if the incumbent member is on a 2-1 vote.
Ken made a motion that the Town hold a special election. Roger seconded the motion.
- During additional discussion Roger suggested a date be set.
The motion was amended to have the Clerk come back with a proposed date and was voted all in favor.
At 8:20 PM, on motion by Roger Deal and seconded by Ken Sydow and voted all in favor, the meeting was adjourned.
Respectfully Submitted,
Lori Esposito, Administrative Assistant
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