Date of Meeting: Monday, September 26, 2011
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 8:16 PM
Members Present: Kenneth Sydow, Chairman; Roger Deal and James Wood
Others Present: Stephen Madaus, Town Counsel (arrived at 7:02 PM); Nancy Colbert Puff, Town Administrator; Rose Bardsley, Clerk; others as indicated on attached list.
The meeting was called to order by the Chairman at 6:30 PM.
Historic Commission Appointment: Motion was made by Roger Deal and seconded by Jim Wood to appoint William P. Manter, 178 Main Street, to the Historic District Commission and to appoint Richard Prince, 14 Cottonwood Place, to the Personnel Board. Voted all in favor.
U.N. Day Proclamation: In recognition of United Nations Day, October 24, 2011, Ken Sydow read and then signed the United Nations Proclamation which was presented to the Board.
Selectmen’s Meeting Schedule: The Board agreed on the October through December meeting schedule as set with the following three changes: the Monday, October 31 meeting will be changed to Tuesday, November 1. The Monday, November 28 meeting will be changed to Monday, November 14 and the Tuesday, December 27 meeting will be changed to Monday, December 19, 2011.
Military Recognition: Jim Wood brought up the possibility of the Town having some type of recognition for Boylston men who are actively deployed overseas. He suggested something being put in the newspaper to acknowledge them. He also suggested making up boxes containing toothpaste, magazines, shaving lotions, soaps, etc.
Girl Scout Recognition: Ken Sydow mentioned doing something for the Girl Scouts, just as we do for the Boy Scouts who become Eagle Scouts. The Board has not been notified in the past of Girl Scouts achieving Gold status and the Board would like to acknowledge those girls in the future.
Report of the Town Administrator to the Board of Selectmen:
Performance Evaluations: Roger asked if the goals and objectives have been straightened out. There was some question regarding them and Roger suggested it be taken care of. Ken thinks they are separate. The review should be done and from that goals are established. The Town Administrator said this is the first year we have changed the supervisory form. Roger asked if she is giving that form to any employee or merely to supervisors. Nancy said it was going only to the supervisor; employees have always had a goals section. Ken said we met and devoted an entire meeting to this. The new form is for supervisors to evaluate their employees. Roger asked if Jim Wood had had time to go over the evaluation form, as well as the separate goals form. Jim
asked if the Personnel Board would be in on the meeting. Roger said they probably should be because they are charged with implementing what we put together.
Nancy said the entire Personnel Board couldn’t meet in August. The form has only been reviewed with one person and has not been reviewed as a Board yet. Roger said he doesn’t think they should keep the September 30 deadline as Jim Wood has not reviewed it. Ken said he didn’t think Jim would be comfortable filling out a form for people and thought that perhaps the Board would have a workshop to review it.
Jim said the Board just reappointed Richard Prince; there hasn’t been much interaction with the Personnel Board and Jim thinks there should be. Ken said there has been but they weren’t all able to meet with Nancy. Nancy said at next Monday night’s meeting they could have a multi-Board and Commission meeting; and then next have the department heads. Roger asked why. Nancy said “quarterly meeting.” Nancy said Ken and Roger would be responsible for reviewing the forms by Friday, September 30. They would then review the form with Jim so he can see what has been done. At that time you would have the Personnel Board review them.
Ken said he wanted to discuss the use of the forms – what works and what doesn’t and what should be changed. He would be in favor of a multi-Board meeting next Monday, October 3, 2011. They had previously decided that a semi-annual meeting with all boards was better than quarterly. Roger said he never was convinced there was a clear understanding of the Personnel Board’s and the Selectmen’s duties and responsibilities. Nancy mentioned a sub-committee with Dick Prince. A change in responsibilities has been proposed but they haven’t reconvened a sub-committee. Roger said we need to clearly define our roles. There never has been a very clear understanding of the Personnel Board’s and our roles.
Ken said the Personnel Board had different responsibilities prior to the Town having its first Town Administrator. That has now been adjusted and they are now in the process of changing and deciding roles. Roger said perceptions might be different; he thinks it needs to be clarified.
7:00 PM – Joan Banks appeared before the Board as a first-time volunteer on the ADA Committee.
Jim Wood made a motion to appoint Joan Banks, 11 Birchwood Drive, to the ADA Committee. Roger seconded the motion and it was voted all in favor.
Ken Sydow thanked Joan for coming in and the Selectmen congratulated her on her appointment.
Town Administrator’s Report, Cont’d:
Parking Lot Repaving will take place on Thursday, Friday and Saturday (September 29 and 30 and October 1). They will lay down a base coat and come back in one week to do the top coat. On Thursday, parking will be in the upper lot.
Gough House: The Structural Reinforcement Project has been put out for rebid, with bids due October 12, 2011 at Noon. Volunteers did some of the demolition work. The architect made an additional visit to the site and had to revise the bid documents. He asked for a change in his contract (an additional $3,100.98), based on approximately 34 additional hours of work. Nancy Puff met with the Hillside Committee and they recommended payment for his services, out of grant money at no cost to the Town.
Roger Deal made a motion to authorize paying additional money to the architect. Jim Wood seconded the motion; voted all in favor.
Asian Long-Horned Beetle: The TA and Aileen Cox were informed that two of the species chosen (tulip and sweetgum) are not available. Appropriate substitutions include honey locusts, beech and the Kentucky coffee tree. Planting will take place in the next few weeks. Ken said Aileen inquired about restoration of the cart path.
Air Testing at Police Department: Air quality tests were conducted to measure the presence of mold, carbon monoxide and dioxide, VOCs and other airborne allergens. All is fine in the building with no problems with the air quality.
Vacation: Nancy reminded the Board of her vacation plans.
Treasurer/Collector Job: Six applications were received and the TA reviewed them with the Town Accountant. Based on credentials alone, Jeffrey Ugalde is the first choice. The second recommendation for the job is Anne Cervantes (resume attached). She was not interviewed. Nancy Puff said she also received a resume from a Boylston resident, Cheri Cox.
7:07 PM Vicious Dog Hearing
Dennis and Nancy Pojani appeared before the Board. Stephen Madaus stated that Chapter 140 §157 is one of the few statutes that require people to be sworn in. He administered the oath to the Pojanis and Robert Starkey, owner of the dog about which the Pojanis have made complaint.
With no leash law in the Town, the Board questioned its ability to handle the matter satisfactorily. Stephen Madaus informed the Board that it has broad discretion as to its powers.
At 7:10 Steve Golas, acting dog officer arrived and was sworn in by Town Counsel.
Ken Sydow said we should have the Pojanis speak and then Mr. Starkey and then the dog officer. Mr. Pojani said he would have his wife speak to the incident. He said they are not asking for disposal of the dog but, rather, restraint. Referring to Chapter 140, Mr. Pojani said this gives the Selectmen the right to decide what to do. Mr. Pojani provided to the Board a copy of Section 155 of Chapter 140, which, he said, is a strict liability statute “If any dog shall do any damage…the keeper shall be liable for such damage….” He said there is no need to show negligence on the part of the owner. Mr. Pojani showed the Board photographs of his dog’s injuries along with a copy of an invoice from the animal hospital for $530.
Mr. Pojani said the dog still roams the neighborhood and nearly caused an accident last week; he feels it is a danger and a nuisance and feels someone will be hurt. He stated their dog, Trixie, doesn’t leave its yard. They are asking that the dog be restrained.
Nancy Pojani stated that on August 4, 2011 at 6:00 PM she was walking with Trixie. She lost her grip on the dog’s leash and her dog ran toward Maggie, Mr. Starkey’s dog, which was walking with two children There was no aggression at first. When the dogs were eight feet away from her the dog (Maggie) growled and bit Trixie. Mrs. Pojani asked the small children for their names in case of rabies. Trixie had to stay at the animal hospital; she had teeth marks requiring seven stitches, along with a wick for ten days of draining. Mrs. Pojani reported the incident to the police and the dog officer. Maggie has since roamed again. She comes into the Pojanis’ yard and Mrs. Pojani stated she is fearful when the dog is in her yard.
Following Mrs. Pojani’s testimony, Ken Sydow asked if there were any questions. He then asked Mr. Starkey to state his name and address. Mr. Starkey stated he resides at 178 Central Street and said the story mostly matches what his son saw, but is just a little different. Mr. Starkey’s nine year old son and his eight year old cousin were walking with Maggie. Mrs. Pojani’s dog approached Maggie; the dogs sniffed each other and then Trixie came back and surprised Maggie. That’s when Maggie snapped at Trixie and nipped her. Mr. Starkey felt his dog was protecting her owner and expressed disappointment that the Pojanis did not first try to resolve the matter with him before going to the Board.
He stated there is no leash law in Boylston; the dog is four years old and he has heard no complaints about her. He has never heard of her being a problem with cars and she gets along with other dogs. She gets along with other dogs and people and he has never had an incident where she has bit anyone. His son thought the other dog came after Maggie.
Jim Wood said a couple of other people have seen Maggie out on the road and asked Mr. Starkey if he could put in an electric fence, stating “none of us want to see anything happen to any dog.” Roger Deal said he presumed there is a matter of compensation. Ken Sydow said he thinks that is an issue between the two parties. Mr. Pojani said to the Selectmen that they can issue an order calling for restraint of the dog or disposal. It is within their jurisdiction. Stephen Madaus said that as he reads the law, damages are to be brought in court. But the restraint or disposal of dogs is within the Selectmen’s parameters.
Ken Sydow asked if the dog is properly licensed in Boylston; it was confirmed that it is. He then asked to hear from Steve Golas, the dog officer. Steve said he went to the police station on Saturday to be there when Mr. Pojani filled out the dog complaint. He then told Mr. Starkey he was going to quarantine his dog for ten days; Mr. Starkey did not object to this. He stated he feels both stories are the same and thinks Mr. Starkey’s dog was being protective of his son and his friend. The dog is protective. He also stated that no one has spoken to him about the dog before this. He has had no problem with the dog.
Mr. Pojani stated the photos show pretty severe wounds and that when it happened the dogs were standing side by side. As soon as Mrs. Pojani took a step, the dog bit. He doesn’t feel they should have to worry about the other dog walking through their yard.
Mr. Starkey said, again, that it is a matter of two different stories. His son said the dog was defensive and Mrs. Pojani’s dog could have bit his dog. He feels the dog was protecting his son and friend.
Mr. Golas suggested that when he is not at home Mr. Starkey have the dog on a leash. Regarding an electronic fence, he said his experience is that once a dog leaps over it, they are “gone.”
Ken Sydow said many times he has come down Central Street and has seen the dog in the middle of the street and many times it goes up to the bus stop and now there is a potential liability. He said he would have a little different feeling about an electric fence from Mr. Golas’ opinion. He said the Board was here to come up with a solution and told Mr. Starkey that if an electric fence would work for him, the Board might take that under advisement. If Mr. Starkey feels aggrieved by the Board’s decision, he can go to court. Mr. Pojani said he wants an order that the dog won’t be allowed to roam outside its yard. Roger said he thought having the dog restrained would be proper. Stephen Madaus said by statute the owner can appeal but there is no provision for the complainant to
appeal.
Jim Wood asked Mr. Starkey if he could put in the electric fence and then leash the dog when he is outside the yard. Mr. Starkey agreed that would be okay. Mr. Pojani said he just wants the dog restrained and confined to its own yard.
Roger said he would make a motion, but with a time line having something written as to what Mr. Starkey’s actions will be. He suggested a letter within 30 days sent back to the Selectmen with what he would agree to do. Jim Wood said he would second that motion.
Motion was made that the dog be restrained at all times until installation within 45 days of an electric fence or other suitable restraint device. The dog will be fully restrained for 45 days or until the fence is installed. Any time the dog is off the property it would be on a leash. The Board ordered that a copy of the installation document is to be forwarded to the Selectmen’s office within 45 days.
Mr. Starkey questioned the Board, saying “you are instituting a leash law for my dog but not for anyone else’s? The Chairman said the Board is looking to have the dog kept in its own yard. The Pojanis feel threated by Mr. Starkey’s dog. We have previously had dogs with vicious dispositions restrained. Roger asked Town Counsel if the Board can order dogs to be restrained. Mr. Pojani said Mr. Starkey’s dog growls at him. Mr. Starkey said that, until he can get the electric fence in, it will be tough, as the dog is unaccustomed to being leashed at all times. Mr. Sydow told Mr. Starkey that if he is in his yard and has the dog under control, it is okay to allow it to be off leash. In terms of safety, he told Mr. Starkey he didn’t think Mr. Starkey would
want his dog to be hurt in the middle of Central Street. Mr. Starkey asked Mr. Pojani to call him when the dog is loose. Mr. Pojani said he did not think he should have that responsibility and also feels the dog might get hurt.
Jim Wood seconded the motion and it was voted all in favor.
The Board told Mr. Starkey to send a letter when the fence is installed; the Board will send a copy to the Pojanis, as well as to the dog officer. The hearing ended at 7:43 PM.
Town Administrator’s Report, Cont’d:
The TA said that, with regard to the Treasurer/Collector’s post, they were very favorably impressed with Jeff Ugalde’s qualifications. At that point Ken asked Jeff Ugalde to introduce himself.
Jeff said his name was pronounced U-gal-dee and he currently lives in Worcester and works full time for the Town of Lunenburg. He said his hours range from 40 to 55 hours per week. He said he also works for Strategic Accounting and Tax Service in Worcester. Ken asked if he would continue to work in Lunenburg and Jeff said he would not. He said his most recent employment is what would make him the best candidate. And in Worcester he got good experience and mainly did treasury work. The last two years he has been Treasurer/Collector for Lunenburg. When their Assistant Treasurer/Collector was out for four months he did her work, as well as his own. He works with the Assessors and the Town Accountant together. Ken asked if he felt similar
issues face Boylston. Jeff said he has looked at some of the issues; Lunenburg had a problem in that the receivable reconciliations had not been done. That problem has been eliminated. He said he likes to do reconciliations. It helps a person to understand what happens in the town.
Roger Deal said the Board is relying almost exclusively on the Town Administrator’s recommendations. Nancy Puff said she and Nancy Nykiel (Town Accountant) agree on Mr. Ugalde. Ken Sydow said this job would be a minimum of 26 hours a week and at times it would be up to 40 hours a week. Roger said to Nancy that he assumed she has checked out how available he is andhis accessibility. Nancy said Jeff is about twelve minutes away.
Jim Wood said he was confused as to why we don’t have some other candidates coming in. The other people who applied are not here to back up their resumes. He said he wants to feel good about whom we pick. He said that, at this time, he is not ready to vote for anybody in this position until the Board has had a chance to interview other candidates. Speaking to Mr. Ugalde, he said “you are the only candidate, but I am not comfortable making a decision tonight. I think we have an obligation.”
Ken Sydow said he didn’t think the Board was under any obligation to make a decision that night. He said he did not say the office is in disarray now. With the help of the Town Accountant and the Town Administrator working with Michael Conrad we are well on the way to having the office where it should be. That issue is close to completion. In terms of interviews, we might or might not decide to interview others.
Ken asked Jeff what questions he had for the Board and Jeff asked what the Board is looking for. Jim Wood said there isn’t anything in particular he was looking for. He said the Board has always had multiple candidates to choose from He told Mr. Ugalde he had an advantage because he is here before the Board. People from whom we only have resumes are at a disadvantage.
Roger said that since he didn’t understand the mechanics of the Town Treasurer/Collector’s job, he relies on the expertise of our Town Administrator in making a decision. Nancy Puff said the Board is entitled to interview others. She said she and Nancy Nykiel knew what they were looking for in a Town Treasurer/Collector. None of the other candidates has been a Treasurer/Collector. Roger said he holds the Town Administrator fully accountable for any decision made on a candidate. He feels if she makes a decision, it is the right decision.
Ken said he apologized if there seemed to be any confusion from the Board but it is mainly because Jim Wood has just come back on the Board. In the past the Board interviewed many more people but this time the Board charged the Town Administrator and the Town Accountant with finding a candidate. He said the Board would discuss the other candidates and get back to Jeff. Jim Wood asked Jeff if there were any question he wished the Board had asked. Jeff said “how soon can you start?”
Roger said that, hopefully, the three Board members could come to a decision fairly soon. He said Nancy would give him a time line as to when they would be making a decision. Mr. Ugalde left the meeting at 8:03 PM.
Ken told Nancy he was not sure what we can afford and to make sure we are within budget. Going by the interview, Jeff has worked with our current Tax Collector and Treasurer. Could we cap his hours as a salaried position. Nancy said, with a budget of roughly $52K, she suggests offering $50K Ken said right now he is working 40-plus hours in Lunenberg. Nancy said he would be here a minimum of 26 hours a week. Michael Conrad is here 12 hours. Nancy said 12 hours is not enough. Ken said, if you salaried the job, it would be a minimum of 26 hours and then whatever the job takes. Nancy said there would be times when it would be 40 hours.
Roger asked how to proceed. Ken said that the Board has a recommendation from our current Treasurer, as well as our Town Accountant and our Town Administrator. Jim is interested in checking out other resumes.
Jim Wood said he would like to have the next two people, Anne Cervantes (on the short list) and Cheri Cox, who was here and who went from the appointed to the elected. She did the job and she lives in Town and he thought she should be interviewed. And, Anne Cervantes should be interviewed too. Ken said the Board has interviewed Cheri Cox in the past. Ken said that if the Board interviews them, it would have to be next week. He said he didn’t have an issue with interviewing more folks but said he didn’t want to encumber Jeff, who has already gone public.
Stephen Madaus said that if the Committee wants to interview the other candidates, the Board needs a better list of questions. Ken said he thought some of the questions the Board had were answered by the resume. Jim Wood said the Board should be able to make a decision Monday night (October 3). Ken suggested putting the interviews after the “Meet and Greet.” Ken said he could conduct interviews from 4:30 PM to 5:00 PM, with the Meet and Greet from 5:30 PM to 6:30 PM. He said Nancy should get back to Jeff and tell him we are going to interview the other two finalists and we will have a decision shortly after.
Motion was made by Roger Deal to adjourn the meeting. The motion was seconded by Jim Wood and voted all in favor. Meeting was adjourned at 8:16 PM.
Respectfully Submitted,
Rose Bardsley
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