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Board of Selectmen Minutes 11/21/2011
Date of Meeting:        Monday, November 21, 2011
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM – 8:37 PM
Members Present:        Chairman Kenneth Sydow, Members Roger Deal and James Wood
Others Present:         Stephen Madaus, Town Counsel; Nancy Colbert Puff, Town Administrator; Lori      Esposito, Administrative Assistant to the Board of Selectmen; others as noted on attached sign-in sheet
        

6:30 PM:  Ken Sydow called the meeting to order.

There was a brief discussion regarding the school bus contract and the possibility of rebidding it now that West Boylston no longer participates in the service.

Town Meeting Warrant:
Article 1:  Jim Wood asked if the school has money in another account that could be transferred to cover the unexpected expenses.  Nancy Puff said she asked the question and they said they do not have any money available to fund it.  Roger said we cannot be spending all our reserves when the school wants something.

Free Cash:  Roger asked how the free cash error happened.  Nancy Puff explained that an encumbrance for teachers’ summer pay wasn’t deducted from free cash numbers before they were certified.

Draft Meeting Schedule:   The Selectmen will review the schedule and approve it at their next meeting.

Jail Tour:  The Sheriff has extended an invitation for a tour of the jail on December 9 at 12:00 PM, to include lunch.

Cell Tower Lease at 599 Main Street:  Permits should be submitted over the next few weeks.

October Storm Debris Cleanup:  The possibility of doing a large bon fire at the football field was raised/  The Board agrees with the idea and would like the Town Administrator to pursue it by coordinating the date with the DPW and the Fire Dept.   Open burning will not be allowed until the season begins on January 15.  Mass DEP was called; they will not be extending the burning season.

Hillside Intern Study:   The intern will be available after December 8.  The Town Administrator will get some potential dates.

7:00  Tax Classification Hearing  (Present:  Margo Richardson, Mike Guiliano and Carl Cravedi):
  • The Board of Assessors recommends a single tax rate of $17.02, up from the present $15.66
  • Without the new school, the rate would have been $15.50; this is an increase of $1.52, due to the new school building.
  • A payment of $901,733 is due on the new school.
  • Jim asked if we have two tax rates, would the MDC  pay the commercial rate?  Margo said they would; however, we do not want to discourage new business from coming to Boylston.  Also, there is insufficient current business in Town to support a commercial rate.
  • Roger asked about home evaluations.  Carl Cravedi said there is no change this year; everything is staying the same   Next year is a re-evaluation year.
Motion was made, seconded and voted all in favor to remain with a single tax rate.

Parks and Recreation (Present:  Brittany Blaney and Susan Toles):  Additional information requested by Board regarding the special town meeting article requesting $20,000 for the Hillside playground.
  • Equipment was installed in 2001.
  • In 2007 new mulch was added.
  • In September of 2011 some volunteers cleaned up the playground.  No mulch was left; fabric was showing and some landscaping plastic is missing.
  • Roger asked what the violation is.  Brittany said we need six inches of protective shred plus three inches of mulch to protect a child from a fall.  
  • It is necessary to dig up and replace the wood mulch at a cost of $7,000 (quoted by Barry Bros. Landscaping in Boylston).   It would need to be replaced again in three to five years.   Over a period of 12 years, the total cost would be $25,000.   Greater cost in the long run.
  • If rubberized mulch is used, it has a 12-year lifespan; the onetime cost would be $17,000.
  • Jim Wood asked if this is a federal mandate.  Brittany said it is.  Jim asked about the possibility of any grants being available; Brittany was not sure.
  • Roger asked if the usage of the play area is primarily during soccer season and Brittany said it is.  Roger then asked why they are requesting funding for it now versus doing it in the spring.  Brittany said we have the opportunity to do it now.   Roger stated that if it is not being done until spring and there is no emergency to have it done, why not wait until spring.   Brittany said the spring Town Meeting is primarily for school issues.  It would likely get better exposure and participation than in May.  It would also allow them time to seek additional bids.
  • Ken asked, if it were approved and budgeted at this time, what their installation time frame would be. Susan said that if they wait until May, the work could not be done until late summer.
[Alan Cosimini arrived at this time.]

  • Jim Wood said he would support putting the matter on the warrant for December.
  • Eric Brose asked:   if the article does not pass, do they have a revolving fund to pay for it?   Alan said no, they have $2,000 at most.
  • Eric asked if there are any other things in the works that may need additional funding.  Alan said there are not; jut the skate park, which will be privately funded.
  • Roger said he has no objection but is troubled by one estimate for the job.  He does not feel an immediate emergency and feels July would be plenty of time.  He stated we do not know what will be happening in May; he would feel more confident to see it in May and it’s possible there would be volunteers or people willing to donate to a cause for the playground.  Alan said he understands.
  • Stephen Madaus suggested a revision to the Article, not to include complying with consumer products guidelines.
  • Ken Sydow suggested they look into fundraising, usage of the playground and possible grants.
  • Susan said they are also looking for a permanent facility to use for Parks and Rec.  There is an area below the Police Station that is handicap accessible and Karen Barber was told it was used as a Parks & Rec area at one time.  Ken Sydow said we can look into the possibility of future use.
Finance Committee/Warrant Review  (Present:  Eric Brose and Steve Dorval):
  • All of the following would be taken from free cash:
Article 1:  $48,234 to “Vocational Ed 5320” tuition.
Article 2:  $32,531 to “Vocational Ed 5380” transportation.
Article 3:  $75 dog officer invoice.
Article 4:  $20,000 to fund veterans’ expenses for the remainder of the year (M.G.L.c.115 benefit).
Article 5:  $20,000 to pay off the remaining lease on the police cruiser; this will save $2,000.
Article 6:  $30,000 paving of Town Hall parking lot.  (This is in addition to the $75,000 bid price).  This is currently in disagreement with the balance due to the contractor.
  • Roger said he proposes we do not approve article 6 to be placed on the warrant.  This was a contract bid item that was then billed additional money.  Also, the wording should state what the additional amount is for.  Ken asked advice of Town Counsel on the subject.  Steve Madaus said the obligation is on the contractor to get a change order executed to increase the dollar amount.  Otherwise, the contractor needs to make its case to the Board for the additional monies they are looking to collect.
  • Jim Wood said he would not support putting the article on the warrant or voting for it.  If the contractor made an error in their quote and/or paved too much, that is their error.
  • Nancy Puff:  the contractor said we put out a bid with an estimated area after being measured.  They submitted slips to show they paved more than the estimated amount.
  • Roger said we need to find out who authorized the changes/additional work.  Forty percent (40%) over bid amount is wrong.  To negotiate is fine but he objects to adding  an article that the Board of Selectmen is sponsoring
  • Nancy Puff said the contractor is due to come in next week to measure the area with Don Parker.
  • Eric asked if this could go on the spring warrant versus going on at this time.
  • Steve Dorval feels it would hurt our negotiating process if the contractor knows the $30,000 is being appropriated.
Motion was made and seconded to place Articles 1 through 5 on the Warrant.   Voted all in favor.

Jim Wood made a motion to not put Article 6 in the Warrant; the motion was seconded by Roger Deal and voted as follows:  Jim Wood:  Yes; Roger Deal:  Yes; Ken Sydow:  No.
        
        Article 7:  $30,000 for Fire Department turnout gear.  

Motion was made to place Article 7 on the Warrant.  Motion was seconded and voted all in favor.

        Article 8:  $20,000 for a playground.  
  • Eric Brose asked who paid for the original playground installation in 2001.  Jim Wood thinks it might have been Town-funded, but is not sure.
  • Eric asked if this is a project to be funded through Parks and Recreation.
  • Roger said the playground at the Elementary School was all done by fundraising and was installed by volunteers.
Roger made a motion to defer action until the May Town Meeting.  There was no second to the motion.

Jim Wood made a motion to add it to the Warrant.   Motion was seconded by Ken Sydow and voted all in favor.

        Article 9:  $40,000 to add to the Highway Department Expense Account.

Motion was made, seconded and voted all in favor to place Article 9 on the Warrant.

        Article 10:  $160,000 to pave public ways.

  • Roger stated he would like to defer this until the May meeting.  He also feels it needs to be more specific as to which roads are to be paved.
  • Ken said this would likely be earmarked for both ends of Green Street.
  • Eric asked what the Town typically spends per year to repair roads.  Nancy Puff said $200,000 per year, most of which as been earmarked for School Street.
  • Steve Dorval said no capital plan has been made yet; we might be getting ahead of ourselves.
Motion was made by Roger and seconded by Jim Wood not to add this Article to the Warrant and to defer consideration of it to the May meeting.  Voted as follows:  Roger Deal:  Yes; Jim Wood:  Yes; Ken Sydow:  No.

Capital Planning Committee:
  • The Finance Committee elected two of its members to serve on the Capital Planning Committee:  Herb Cronin and Steve Dorval.
  • The Town Administrator.
  • Board of Selectman has not yet appointed a representative.
Assessors:
There is now a property dispute with the Board of Assessors and they need money for an appraisal and court fees,- going to ATB.  $4,000 is needed ($3,500 for an appraisal and $500 for the appeal).  Their expense budget is less than $20,000; this $4,000 might put them over their budget.  If so, they will need to ask for a reserve fund transfer.

The next scheduled meeting of the Board of Selectmen will be on December 5.

Public Building Name:  Jim Wood asked Town Counsel what the procedure would be concerning naming a building after someone who was killed in 9-11.  He asked if it required a Town-wide vote.

Stephen said it depends on who owns the building – the school or the Town.  If the Town owns the building, the Board of Selectmen has control.   The School Committee has control over the school.

Upon motion by Roger Deal, seconded by Jim Wood and voted all in favor, the meeting was adjourned at 8:37PM.

Respectfully Submitted,

Lori Esposito, Administrative Assistant