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Board of Selectmen Minutes 03/19/2012
Date of Meeting:        Monday, March 19, 2012
Location:               Town Hall, 221 Main Street
Time:                    6:30 PM – 8:50 PM
Members Present:        Chairman Kenneth Sydow,  Members Roger Deal and James Wood ;  Lori Esposito, Interim Town  Administrator; Rose Bardsley, Clerk; Others  as listed on the attached                       sheet.                                          

Financial Warrants signed in approval.

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

Report of the Interim Town Administrator to the Board:

1.  Bancroft School Community Service --  Karen Wagner, a parent volunteer at the Bancroft School has offered volunteer service of  ten to fifteen students, along with parent and teacher chaperones, to clean up the walking trails that begin behind the Municipal Office Building.   They will provide their own tools, gloves, etc.  The TA has provided liability release forms to be signed for each volunteer with instruction that the forms must be returned to the TA prior to the project.   The TA requests the Board approve this volunteer service.
  • Ken said the parents have to sign for kids under 18.   We just need a release.
Jim Wood made a motion, seconded by Roger Deal and voted all in favor to accept the Bancroft School offer.

2.  Change in Wording for Citizens’ Ballot Position – Bonnie Johnson sent the TA an email requesting the wording on the ballot questions be changed to clarify “representatives.”   See Town Administrator’s report.
        
  • Steve said if she comes in with ten signatures, it is okay, but as of now he has not received it.   Ken asked how we would word it.  Steve said the petition could be approved pending receipt of signatures certified by the Town Clerk.
Roger Deal made a motion, seconded by Jim Wood, and voted all in favor to accept the wording in the citizens’ ballot petition

3.  Notice of Keno License Application –Cyprian Keyes applied to the State Lottery Commission for a Keno License.  If the Board objects to issuance of the license, it must claim its right to a hearing before the MSLC within 21 days of receipt of notice (received March 14).  If no objection, no action is necessary.

  • The Board stated they had no objection.
4.  Board of Assessors --  Lori spoke with Margo Richardson about the possibility of any overlay surplus and having the Board of Assessors vote to release it.  This could assist with the free cash and capital requests received for this year’s Annual Town Meeting.   Town Counsel offered the following excerpt from MGL c.59, §25e:

        “Any balance in the overlay account of a given year in excess of the amount remaining to be collected or abated can be  transferred into this account.   Within ten days of a written request by the chief executive officer of a city or town, the
        Assessors must provide a certification of the excess amount of overlay available to transfer.  Overlay surplus may be   appropriated for any lawful purpose.  At the end of each fiscal year, unused overlay surplus is ‘closed’ to surplus revenue; in         other words, it becomes a part of free cash.”

  • Lori said the Assessors would be in later to discuss any surplus.
  • Roger said that right now, they are keepers of the taxpayers’ money but once they certify it, it goes back to free cash.
  • Lori:  At Town Meeting you can appropriate any money and transfer it to a Warrant Article or leave it under several Articles, just as you would free cash.  If not, it will close out for next year.
  • Jim Wood asked if we have an amount.   Lori said we do not – the Assessors will report that tonight.
5.  ALB Update Meeting – Lori attended a meeting in Worcester on Monday evening, the 12th, hosted by USDA/APHIS for an update on the eradication program:

  • They are no longer taking requests for new tree plantings; they are booked through the spring and funds for the reforestation portion of the program are exhausted.  
They are continuing with repeat ground and tree-climbing surveys and host-tree clearing in sighted areas.
Tree planting, as well as pesticide treatments, will not be a function of the program in 2012.   Clint McFarland did note that the chemical used, Imidacloprid, is readily available over the counter and is relatively inexpensive.   Anyone wishing to inoculate trees on their own property may do so by following the label dosing and instructions.

  • Jim Wood asked what a homeowner does if they find beetle trees in their yard?   Lori said they should still call but inoculation is not going to help once the trees are infected.
6.  MOB Paving Claim – Attached is a letter Attorney Madaus received pursuant to his conversation with Mass. Broken Stone’s attorney Anne Hoffman.

7.  Elementary School Roof – At the Board’s request, Lori spoke with Superintendent Dubrule about the possibility of completing the roof repairs in phases.   Lori said the Superintendent said doing it in one phase is recommended; however, he gave her information that it can be done in two phases (adding 15% to the original price relative to increased costs):

  • Phase 1:        $60,065 +15% = $69,074.75
  • Phase 2:        $39,312 + $3,450 + 15% = $49,176.30  
  • Roger asked Lori how that compared with the total.
  • Lori said the original work was $109K.   An additional 15% was added because the original estimate was done in 2010.  Doing the entire roof at one time, it would go beyond the $109K.
  • Ken asked if the School Committee carries something for capital expenses.
  • Lori said she does not think so.   She put the figure in the Warrant as a place holder so that free cash would still be available.   The figure should be changed to $70K.
8.  Accountant’s Recommendation --  Nancy Nykiel does not believe a rubber stamp policy is appropriate for signing off on bills and payroll and request the Board discuss this practice and implement a policy.   If the Board agrees with rubber stamp approvals, and a policy is in place, she will abide by the policy.
  • Roger said he is not in favor of a rubber stamp policy.
  • Ken said he didn’t know who was using that policy.   He asked if this is something that someone would have to sign off on hundreds of  invoices?
  • Lori said the School Committee doesn’t rubber stamp and she is pretty sure the Fire and Police Depts. do not.
  • Ken thinks the Board should look at it.   He agrees with Roger in a way but, if a bill comes in are we going to ask them to stop by and sign?
  • Roger said he didn’t see why not, as the Board does.   He feels if the Board can take the time to do it, someone else should be able to do so.
  • Ken said he was just thinking of the amount of invoices and he doesn’t want to create an unnecessary hardship.
  • Lori said she would look into who is doing it.
  • Jim said the dollar amount should also be considered – whether the amount is under or over $100.
  • Lori said, it  is over $100, you could require a signature.
Health Insurance:
  • Lori said the figure is based on her discussions with MIIA last week.  This year we are paying $242 bi-weekly for a family plan.   That figure will go up to $315.
  • Lori said the retirees remain at a 50/50 split and the firefighters remain at 100%.   The only changes are to the employees.
  • Ken asked if Lori showed the employees the difference between what the change would mean to them in terms of dollars.   Lori said she did not have figures at that time.
  • Jim said they could figure it out.   They wanted to stay with the plan they had and have the best coverage available and not be taking a chance on a GIC-based deductible.   Over the course of a year it will be cheaper for the average family according to the way they voted for it.
  • Lori said it is better than having unexpected expenses.
  • Ken asked what the increases were.   Lori said it is an overall amount of 1.94%
                                Individual              Family
                HMO             Was:       $186.78      Was:       $496.00
                                Will be:  $234.82       Will be:  $622.27                       
                The dental increases are just a couple of dollars.

Free Cash Articles:

Library:   
  • The only Article changed is the Library’s second Article back in for the ADA ramp and landing.
        The figures were adjusted based on the funding from the Library Foundation.
Highway:   
  • Septic system plugged in at $60K.
Assessors:  
  • Their IT man came down $500 for his fee from $8,000 to $7,500.   The $7,500 takes care of the server and two computers.   What they really needed was two computers, which cost $3,000.   The server portion would be $4,500.   Lori asked if they would consider using the server we have rather than purchasing a new one.   They still want a server.
  • Ken said another thing to consider is the $56K capital expense amount.    Lori said that has been there, untouched, for quite a while.
  • Ken said the Finance Committee should have their input but Don Parker thinks the figure for replacement of the septic system at the Town House is too low.   Can we move money in a Special Town Meeting?
  • Lori said we can; if it is just a little higher, there is always a reserve account transfer.
  • Ken said Don walked the property and thinks it has to pump up, which would cost more.
  • Jim asked where the 60K would come from?   Ken said this is just a figure we put in as a place holder.
  • Jim said that if we approve that Article, we might have to go back to the Town and take some of the $56K.
  • Ken said Don told him he would have to have it designed, etc., and he has not had that done yet.   Jim thought Don could probably do that.
  • Lori asked for a ballpark figure.   Ken said you would have to have an engineer determine cost and Lori said there isn’t time for that.   Ken said he would prefer to leave the $56K alone.   Lori said, realistically, we should find out how to go about accessing it.
7:15 PM Library Trustees:     The Trustees appeared before the Board, represented by Sarah Scheinfein, Jean Therriault, Rich Reardon, David Bottom, Susan Therriault, Ken Linell, Lyle Foley, Brad Barker and Jennifer Corrieo, the Library Director.
  • Mr. Barker said the Trustees were there to discuss the two Articles they have requested be placed on the Warrant:
  • The new septic system – they are unable to flush toilets
  • ADA compliant front entrance way.   It is impossible to access the building from the front if handicapped.   Also, the ramp is in serious disrepair.
  • They commissioned a master plan in 2009 and have been before the Selectmen several times.   It was suggested the Library break up their projects into smaller ones.   They have a long-term vision for the Library to remodel it and these Articles take care of the exterior, including the entryway and the ramp leading up to it.   They want to use their money wisely.  The total of the two articles is $167K.    When the articles were submitted, the money was not a certainty.   They are anticipating the $167K will be slightly low and are trying to determine the true cost
  • Finally, the Trustees have worked with the Library Foundation to share the cost.   That was not initially taken into consideration.  They have asked for a $50K grant to offset costs.  If approved, it would reduce the cost to $117K.   
  • Roger said the key is the Foundation request.  It would make it easier because we don’t have any money.
  • Sarah Scheinfein, President of the Library Foundation, said there was discussion of the $50K but no vote was taken.   However, the overall feeling of 14 people was that they would approve it.   They asked for $38K for Article 2 and $12K for Article 1, for a total of $50K.
  • Roger said, in effect, you are coming up with a $26K addition to what we were looking at.
  • Mr. Barker said the Selectmen were looking at $91K.
  • Ken said the Board looked at the money available.  The Library has to do the septic system.   The Board had wondered if the ramp could be done next year; however, the Board did not know earlier of the possible money from the Foundation.
  • Mr. Barker said the ramp is also critical, as it is becoming unsafe.   Replacement cost would run from $25-$35K.   They are only asking that the Town replace a failing structure.
  • Jim said no one questions the need but he wonders where the Board will come up with the money.   All Board members support what the Library wants but must find a way to do it.  We cannot spend more than we have in free cash.   We are at $91K, with $44K left in free cash.
  • Ken said that is with cutting out part of the Elementary School needs.   
  • Roger asked where the greater use is – the Library or the Town House.
  • Mr. Barker said 3300 people a month use the Library.
  • It was left that the Board would work with the Finance Committee later in the evening and give the Library an answer later.   
7:15 PM  Susan Templeton (for Rep Harold Naughton)  FY’13 Budget Priorities:
  • Representative Naughton makes an annual visit to the Town for an update but is on a 200-day assignment in Afghanistan.   She thinks he will be back in May, although the assignment could be more or less than the 200 days.   He has stayed in touch with all matters and the only thing he presently cannot do is vote.   Representative Naughton asked her to fill in for his annual visit.
  • About four weeks ago she met with Chairman Dempsey of the House Ways & Means Committee.  We are expecting a very conservative budget.  There is a $500M to $1B shortfall in revenues.   They will meet the week of April 23 to go over the budget.    The economy is showing signs of  improvement but it I in flux.   Everything is going to change; it is an unpredictable environment.
  • The good news is that the State’s bond rating has been raised from AA to AA+.    We are learning to manage without federal stimulus money.
  • The Governor’s latest budget indicates we will be level-funded:  $430K for c.70 and $870K for the regional school.  The House and the Senate will work on their budgets and then go before the Governor.
  • She was asked if there were any possibility the figures she gave could decrease.   She said Speaker DiLeo says he is not anticipating any new taxes at this time.   We are hopeful he will keep the Governor’s budget the same as it applies to local aid.  She said she realized the Board is disappointed to be at 15.5%.  There is a task force at the State House just on the foundation.   There is a strong appetite to reduce the foundation formula.
  • House Bill 3538 seeks to bring all communities to 17.5%.
  • The Governor only identified some regional schools, but that doesn’t help you in the Tahanto system.   
  • Lori mentioned that the lease for the upstairs renter is up in 2013.   Susan said Harold has advocated to get the Town the rent money and will continue doing that.
  • Re the PILOT program, the current payments are based on 2009 calculations.  The next calculation will be in 2013.
  • Lori said the high school is ahead of schedule and might open in November of this year.
  • More trees are being cut because of the ALB.
  • Susan said she is aware of the search for a new Superintendent.
  • Harold met with the DCR and MWRA  in Clinton to discuss all trees to be cut down for the earthen dams.    A lot of calls will come in once the trees come down.
  • Roger said the money we are getting doesn’t inspire confidence.  Our biggest fear is that the Governor is doing one thing and you have others saying something else.
  • Susan said they will be evaluating the budget the week of April 23.
  • The Board asked what would the final statement be relative to the amount we would be getting?  Susan said the House Ways and Means Committee is working on it and then the House begins deliberations.   They will work for five to six days on putting together a budget.   That’s just the House.   Everything happens in five days.   Then the Senate does their budget in May.  By June, we have a budget.
  • Roger said the trouble is that we have an Annual Town Meeting in April with no concrete evidence of what we will get.   Susan said some towns are delaying their town meetings.
  • Ken said that as far as the upstairs tenant goes, we have tried to be the best landlord we can be.   Harold’s office always supported that.  Susan said we will continue to work closely with Lori as she monitors that.    
  • Jim asked if the DCR is going to take more land in Town.   It seems they are taking more land and giving less access to it.   Some people have noticed.   Susan said 1600 trees are going to be cut down along Route 70:  800 in Boylston and 800 in Clinton.   The area was never intended to have trees on it.   It is going to look the way it was originally intended to be.
  • Susan thanked the Board for letting her come on Harold Naughton’s behalf.
7:50 PM Assessors (represented by Margo Richardson, Carl Crevedi and Michael Juliano):
  • Ken invited Eric Brose, Chairman of the Finance Committee to come up to the table to discuss the Assessors’ Articles.
  • Margo said she had spoken with Paul (the other Assessor), our computer person.   It is his feeling that they have spent a great deal of money on the present computers and server.  They do need a new server; the one they have is ten years old and has crashed a couple of times.   The disc drive is not working at all.  There are other problems with it and they don’t know how much it would cost for repairs.   They also need two new computers.  
  • Can what is needed be taken out of the overlay?   
  • There are things still pending with the phone company and looking at the overlay -- in 2008 there was $25K, which the Assessors want to leave there in case the phone company wins their cases.    In 2009 there is a big case and they are leaving $65K in.
  • Carl said the Department of Revenue used to exempt poles and wires over the public way.  In 2009 the DOR wrote all cities and towns could tax the phone company.  But they are now contesting it.  There is only one year in contention.   They lost their case I Appellate Tax Court and he thinks they are going to the State Supreme Court.  If they decide the ATV’s decision was correct, we can keep all of that money.  If we lose, we will have to pay them.
  • The 2005, 2006 and 2007  money is gone; it was released to the Town.
  • Lori said she knew that $25K was released in 2008 to the Town.
  • The Assessors said they are also leaving a little in for things that get written off against it.   Sometimes things come back that have to be paid.   The F’12 money can’t be touched.   They are going to keep about $4K of the F’11 money and release $45K
  • Lori said if the money is appropriated, it does not go back into free cash but it can be used for certain Articles.
  • Margo said she was looking at Article 16 – $12K; Article 19 - $1K; Article 23 - $5,500; Article 26 - $7,500.   She said they can put some money toward the Library’s Article 17 and the $60K  (Article 18 Town House septic).  
  • Ken said Articles 16, 19, 23, 26 total $69K.   You have $43K left.   Town Counsel has said that once money is voted to be released, it can be used just like free cash.   
  • If we did give $25K to the Library and $18K to the Town House, because the Library had four major things – two Articles.   We reduced one because we can’t afford them.   The Library Foundation is expected to vote to help them.
  • Margo said you voted not to give the Assessors the $3K.   Ken said they voted it in.
  • Ken said the difference in the budgets we looked at before was to take the existing server in the Selectmen’s office, based on Wheeler’s word that this server will more than satisfy the Assessors’ needs.
  • Margo said Paul is saying we need a new server because it is almost obsolete.
  • Ken said David Wheeler is saying one server is bigger and would carry everything you need and that would save us $4,500.   He agreed the Assessors need new computers and that was kept in.   That’s $7,500 for both.
  • Margo said Paul is not in agreement with David.   It is already five or six years old and you would be spending more money fixing that old one.
  • Lori said Unifund is requiring us to update from 2003 to 2008.
  • Ken said it is already in the Warrant.   If they get together and say yes, you can use it?    Carl said No; it would be ridiculous.
  • Jim said the Assessors know what they need and they have just brought $69K to the table.
  • Lori said this will allow additional Articles to be put back in for the Library.
  • Margo said the Assessors always want to work with the Board as best they can.  Now, back to Eric – Carl said:  we never got the $3K?   Margo said “we never got the $3K.”   Eric said we asked for $3K for an appraisal report.  We settled with the ATB.  The money was another reserve account transfer.  There were three, total.   
  • Ken asked if those were also settled?  Carl said the case they needed the appraisal for was settled.  
  • Ken said it is just an error; the Assessors didn’t get it but it was approved.   Margo said she paid the bill.
  • Lori asked if the Board would be voting to officially release that?    Ken said we are voting.
8:15 PM Finance Committee:   (Eric Brose, Herb Cronin)
  • The Library Article will be put back in for $76K.   They are expecting $91K; last time we cut out the entrance.  The Foundation will help with $50K.   The second Article  will be $38K (the Article we are putting back in); the $91K will be less $12K.
  • Eric:   it goes on the Warrant as $79K and $38K?
  • Ken said $25K is needed to cover both of those.  
  • Eric:  my notes from last week have us adding back in $20,948, which was supplemental aid.   Lori said that’s on the revenue sheet but it had not been approved yet.   That was as a result of land acquisition.
  • Lori:  $20K  plus change.  There is a $47K increase in PILOT money based strictly on the tax increase.  The $40K+ was from additional land taken.
  • Ken said it was on Linden Street over where they were going to put the second road in (we have an easement through it).
  • Lori said that $20K would not be in certified free cash.
  • Eric said he was going to take it out again.  He asked if the Town House septic system is still in at $60K.
  • Ken said that’s the only number we have.   No engineers have looked at it so we have no final figure.  We have $69K from the Assessors’ overlay.
  • Lori said once the Assessors release the overlay money, that money can be used immediately.   It is not free cash.   It keeps money in free cash.
  • Discussion on how the Article should be worded.   Eric asked if it mattered to the Assessors how it is applied?
  • Ken said he did not think it mattered to them.   Once they release it,  it can be applied by the Town and it, in effect, becomes free cash.   We would appropriate $69K and attach it to certain Articles:
  • Article 16:  $12,000
  • Article 19:  $1,000
  • Article 23:  $5,500
  • Article 26:  $7,500
  • Article 18:  was the Town House Septic at $18K
  • $25K for the Library would be put back in.
  • The insurance cost was $76K and it is now $38K.
  • $167K was originally needed by the Library.   The Foundation will come in with $50K, which reduces that to $117K.   Essentially, we only need to support $117K.   Because the Assessors are putting money in certain places, it reduces our obligation.  That’s how we got to $38.  
  • Eric said to reduce the biggest Articles first because $3K leaking tanks are easier to get through.
  • Jim said you do each Article separately.   Finally, you get to an Article where you have to take money out of free cash.
  • Ken said Article 18 would be $17K appropriated and $26K from the Library which, along with Articles 16, 19, 23 and 26,  gets us to the total of $69K.
  • Herb said we don’t want to separate the two septic system articles.
  • Jim said he didn’t think that possible.  He thinks, although he is not sure,  it would be worded “X amount of money from the overlay and X amount of money from the Library Foundation.”    
  • Lori said it essentially frees up $69K.  What is left is $87,561.   We have $286K in Articles less $69K, leaving $217K.
  • Ken said the School came back and said we could do the roof in two phases – the second phase would be $49K.   Lori said the whole thing would be $120K.
  • Discussion about the Town House septic and whether the Board could get some information from Dennis (Board of Health).   
  • Lori asked if the Board wanted to leave it at $87K for now?   Jim said he thought they should wait to see about a ballpark figure on the Town House septic.
  • Further discussion on final figures for the Town House septic and Elementary School roof.
8:40 PM  Planning Board:   (Bill Manter appeared before the Board.)
  • The Planning Board met on the 15th and voted unanimously to withdraw the draft sign bylaw from the Warrant as Town Counsel did not think they had everything ironed out.   There are issues among the committee and they don’t want to create any more ambiguities.   Beginning next summer, they will do a comprehensive review of our sign bylaw.  They will try to reach out to the community and business leaders to get input.   They would have a public hearing and come in next spring with an article they hope will bring concensus support.  Things will be included that were not even considered 20 years ago, e.g., LED and flashing lights, etc.
Ken said not just looking at 140, it makes sense.
Mr. Manter said they will continue with the public hearing on the 599 cell tower on April 2.   He said he is being asked about income from the site and the impact of parking at the Town House.
 It  is 62 feet from the concrete base to the end of the pavement.   We would be losing 20 feet.   That still leaves enough room for people to get out.  They have no idea of where the septic system would be going.
  • Ken:  it would be on the opposite side, over by the Fire barn.
  • Mr. Manter said a citizen was concerned about activities at the Town House, e.g., senior dinners, Easter Bunny, etc.
  • Ken said he is certain the tower will not have a significant impact on parking.
  • Mr. Manter said their hearing will be open and start at 8:00 PM.  If the Selectmen want to appear, he could take them out of order.
  • Ken said if they take a recess during the Selectmen’s meeting, they could appear before the Planning Board.   The cell people provided information on what the improvements should be.
  • Mr. Manter said the Planning Board would like more information on potential income.   Also, people were expecting it to be in another location.
  • Ken said the reason it was not, is because the septic system is going behind the fire barn.
  • Mr. Manter said people want to know why that area was chosen.
  • Ken said it is also supposed to improve radio reception for the Fire Department.  They will be able to take down one of their antennas.
Discussion about Article 21, acceptance of Redwood Circle as a public way.   Lori said she still has not been given the layout.   She suggested it might be best not to wait until April 2 to finalize everything.   It was greed the Selectmen would meet again on Wednesday evening, March 28 to finalize the Warrant.

At 8:50 PM Roger Deal made a motion, seconded by Jim Wood, and voted all in favor, to adjourn.


The meeting was adjourned at 8:50 PM.

Respectfully Submitted,


Rose Bardsley, Clerk