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Board of Selectmen Minutes 03/28/2012
Date of Meeting:        Wednesday, March 28, 2012
Location:               Town Hall, 221 Main Street
Time:                    6:30 PM – 8:30 PM
Members Present:        Chairman Kenneth Sydow,  Members Roger Deal and James Wood ;  Stephen Madaus, Town Counsel (arrived at 6:43 PM); Lori Esposito, Interim Town Administrator; Rose Bardsley, Clerk; Others  as listed on the attached sheet.                              

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

Town Administrator Search Committee:  (The entire Committee, with the exception of Joe Flanagan, attended:  Dennis Pojani, Dick Prince, Herb Cronin, Mike Healy, Matt Mecum, Brian Gaucher).
  • Dennis Pojani, Chairman of the Committee,  spoke for the group; he said it was a great committee and everyone worked very hard within a one-month period.
  • They received 49 resumes and, from that, selected 11 candidates to interview.  Two declined to be interviewed, one having accepted another job.    The Committee was prepared to recommend four candidates; however, one candidate withdrew for personal reasons.  The other three agreed to be interviewed by the Board of Selectmen after being advised that their names would be made known.
        
        1.  Martin McNamara of Clinton, MA, currently employed as Director of Human Resources for       the     Town of Stoughton.   He has worked for Weetabix in Human Resources and is a former member       of      the Board of Selectmen and Finance Committee in Clinton.

        2.  Andrew Sheehan of Acton, MA, currently employed as Town Administrator for Townsend and      previously Assistant Town Manager in Westford.

        3.  Anita Scheipers of Lunenburg, MA, currently employed as Assistant Town Administrator for the        Town of Lincoln.  She worked as Town Administrator for the Town of Ayer and, for three years, was       Town Administrator for Boylston.

  • A formal letter has been sent to each of the three finalists with disclosure forms to complete.  Mike Healy has volunteered to process disclosure forms, including CORI.  We reported to the finalists that we would be reporting their names to the Board tonight and they would be hearing from you after the meeting.
  • Dennis asked if anyone else on the Committee would like to add to his report but all declined.
  • Roger Deal, speaking on behalf of the Selectmen, congratulated the Committee on doing a tremendous job in a short time
Motion was made by Roger Deal, seconded by Jim Wood, and voted all in favor to accept the Committee’s  recommendations.

  • The Board agreed it would take them a couple of days to go through everything, but would try to move quickly.   Ken said the Committee is welcome to be present for interviews.   Roger felt it would be good for everyone to be present.
  • Dennis said all candidates are local but each has different strengths.  They tried to get as much diversity as possible.
  • Ken Sydow thanked the Committee and said the Board has heard from many people
of Dennis’ professionalism in acting as Chairman of the Committee.

Personnel Board:

  • Dick Prince, Chairman of the Personnel Board, informed the Board of Selectmen that he has tried to reach the other four members of the Personnel Board, but two (Whitney Libby and Greg White) are not responding.   The Board does not have a quorum to approve candidates.  
  • Steve Madaus was asked if a quorum were necessary.  Steve said “after 30 days with no action being taken, it would deem to be approved.”
  • Jim Wood asked Dick Prince if he and John are in agreement with the Warrant; Dick said they are.
Health Insurance:
  • Lori and Jim met with the Teachers Union and report that the teachers have agreed unanimously to the 37% contribution, which will allow us to keep the present insurance.   The Police Union is voting on Friday, but they are in agreement.   Mirick O’Connell put together a Memorandum of Agreement so the changes are memorialized.
Library Gift:
  • The Library gift is for specific uses – they have an existing contract with Dinneen. The contract now has a change order attached to it and the Trustees have the money, voted previously, for the purpose of this architectural engineering service
  • This is a gift the Trustees will give to the Town for the purpose of this work order change.   The funds were approved by the Trustees for this change; the septic system and the ramp can proceed with the money they have for the engineering work.
  • Ken asked who issues the actual contract for the septic system.   Steve said it depends on who enters into the contract.   The Trustees have the authority to go ahead if it is their own funds, but if it is Town funds, the Board of Selectmen would sign.    We are not certain yet whether those are the Town’s funds already or are gifts the Library has received.  If they are Town funds,  the Board would sign the contract and hold it until we find out whose funds they are.   It then requires bids, if over $25K.
  • Steve said the proposal is that the Board of Selectmen would sign the amendment to the architect’s contract and the Town Administrator will hold the letter.
  • Jim asked if the Board needs to make a motion and Steve said he thought the Board should make a motion to make sure the Library can hold the contract until the funds are evaluated.
Motion was made by Jim Wood that the Board of Selectmen will sign amendments to the contract for additional services from the architect; said contract to be held by the Town Administrator, subject to receiving the funds.   Once the funds are certified and are available, the funds can be spent without appropriation.   The motion was seconded by Roger Deal and voted all in favor.

  • Lori said she would come back to the Board to get its acceptance of this gift of money.
Warrant Review:
  • Lori said the final draft has been reviewed by Town Counsel.
  • Changes to the two ballot questions have reverted back to the original wording that the Board of Selectmen voted on.
  • The biggest issues for decision are (1) the Stabilization Fund; (2) tax rate reduction; and (3) the Elementary School roof.
  • Regarding the septic system at the Town House, Ken said the Health Agent was at the site last week; they did perk tests to be able to determine a reasonable number and they came back with $60K.  They do not have an engineering report but will have that for later.   They did not run into the ledge they thought was there.   
  • It is obviously up to the Town Meeting to decide to install a new system, but if the present system has to be pumped more than a few times in a month, it is a health issue.   
  • Lori said the budget cannot be reviewed tonight as Eric Brose has been out of town.  She will present a budget to the Board of Selectmen on Monday, April 2.   
The goal is to be printing the Warrant by the end of next week, which leaves only next Monday for finalization.  Lori recommended going through Articles 1 through 13 as a group and then do Articles 14 – 32 individually, so she can summarize.

Article 14:  She recommends the Board just vote to place the Article, as printed, on the Warrant; the Personnel Board will report their findings. Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 14, as printed,  on the Warrant.

Article 15:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 15, as printed, on the Warrant.

Article 16:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 16, as printed, on the Warrant.

Article 17:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 17, as printed, on the Warrant.

Article 18:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 18, as printed, on the Warrant.

Article 19:   Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 19, as printed, on the Warrant.

Article 20:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 20, as printed, on the Warrant.

Article 21:  Change wording to eliminate the word “two” preceding the words “oil tanks….”  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 21, as amended, on the Warrant.

Article 22:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 22, as printed, on the Warrant.

Article 23:  Ron Aspero, the builder, presented the plans for Redwood Circle to the Board of Selectmen.   The wording for Article 23 came from Rick Baker, former Chairman of the Planning Board.   The date of December 15, 2011 in the Article was determined to be December 20, 2011.   The Board will finalize Article 23 on Monday.

Article 24:  Steve Madaus said this was originally submitted by the Light Department and was reviewed by bond counsel.   It was approved by both bond counsel and our Town Counsel.  The Town is issuing the debt but it is paid for by receipts from the Municipal Light Department.   They are simply using our bond rating, but they are responsible for everything.  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 24, as printed, on the Warrant.

Article 25:  Dennis explained to Lori  that occasionally there is an inadequate supply of vaccine, making it necessary to purchase it.  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 25, as printed, on the Warrant.

Article 26:   With regard to the Mosquito Control Project, there is a cost, but it is not out of Town funds.  The charge is reduced from our figure on the Cherry Sheet.   Uncertain when the dollar amount will be available but it will be available by the time of Town Meeting.   Ken said he did not have a problem with it being on the Warrant.  Steve said the Town opted out of it three or four years ago.  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 26, as printed, on the Warrant.

Mr. Aspero again appeared before the Board on Article 23 with additional plans.  He is requesting the Board vote on his intention to lay Redwood Circle out as a public way.  Discussion regarding the plan.   Steve asked if it said “Layout plan.”  Mr. Aspero said he will verify that they have the latest plan.   Steve said this says “as built.”   Ken said to just be sure we have the right plan.   Mr. Aspero agreed to check again to be sure it is the right plan.   Steve said that if this is not the plan, it has to be on file seven days prior to Town Meeting.  Mr. Aspero said he will have it for the Board by Monday, the 2nd.    Town Counsel said it must be the specific plan.   Mr. Aspero said the Planning Board has already accepted it.   Steve said he wanted to see the title.

Jim Wood said, if we vote the wrong date, it will affect everything going forward.  We must make sure we have the right date.   Roger noted that if the subdivision gets approved on a plan and the Board is accepting what is on the ground now, we want our acceptance to match the pavement.   Mr. Aspero said the subsequent deed description will show that.   Steve said that anything that is not acceptable by the time of Town Meeting, will be passed over.

Article 27:  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 27, as printed, on the Warrant.

Article 28:  Change wording to indicate $70,000 is for Phase One only.  Motion was made by Jim Wood to change the wording of Article 28 to:  “To see if the Town will vote to transfer from available funds in the treasury and appropriate a sum not to exceed $70,000 for the purpose of completing Phase One of roof repairs to the Boylston Elementary School building; or act in any other way thereon.  Motion seconded by Roger Deal and voted all in favor.”

Article 29:   Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 29, as printed, on the Warrant.

Article 30:  Jim Wood asked if we have to put in an amount.  Ken said we should have an amount.   Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to remove Article 30 and roll the money into next year.  Motion was later made by Jim Wood, seconded by Roger Deal, and voted all in favor to put $30K into Article 30 to reduce the tax rate.

Article 31:  Jim asked how much is in the Stabilization account.   Lori said she would have to check her book.   Ken said Article 31 would go away because the Board would not put any money in Stabilization.   Lori said she thought it was $15,000 last year.   We did not spend down the entire balance.  She said she has never seen free cash down to nothing.    Roger asked if the Board could include the $20,000 in free cash.  So, we are really talking about $100K  next year.   Lori said, of the $87K, you need to determine how you want to spend it.  Jim asked about the $50K.  Ken said you are supposed to be putting a certain amount into Stabilization.   Lori said that last year the Board did not  put anything into Stabilization.   Ken said it is a percentage of our entire budget and it goes to the bond rating for the Town, which is why we have a good bond rating.

Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to put $20,000 into Stabilization.

Article 32:  This is a standard article.  Ken asked if the Board presents the whole budget at Town Meeting.   Lori said Yes.  Motion was made by Jim Wood, seconded by Roger Deal, and voted all in favor to place Article 32, as printed, on the Warrant.

Special Town Meeting Articles 1 and 2:

Lori said, with respect to Articles 1 and 2, she wanted to keep the bookkeeping clean:  
  • Article 1:  Town Accountant year-end transfers.  Detail to be supplied later by the Town Accountant.
  • Article 2:  The $20K was not free cash, it was State aid and it had special rules.  This money is not available to spend but, if you need it, you can vote to use it.  If you take no action, that money will go into free cash for next year.   Ken said to take the Article off – don’t vote on it.   Motion was made by Roger Deal, seconded by Jim Wood, and voted all in favor to remove Article 2 from the Special Town Meeting Warrant and roll the money into next year.
Lori will make the final review.  At the next meeting, the Board can go through and make sure nothing is missing.   Lori suggested holding off on Redwood Circle until next Monday when she has the proper wording for the Article.

Steve said a two thirds vote is need to put money into Stabilization also.   Ken said that’s the only one that’s a two-thirds vote.   Steve can advise the Board on Monday.

Letter of Support for West Boylston
  • Lori presented a letter of support for West Boylston joining the Economic Target Area.   We benefit from the area we are in, which is different from this area,  and they have requested the Board sign a letter supporting them.   Ken signed the letter on behalf of the Board.   Roger Deal made a motion that the Selectmen of the Town of Boylston support their efforts.  Jim Wood seconded the motion and it was voted all in favor.
Worcester Pistol & Rifle Club has requested being able to hold meetings at the Town House at no charge.

Discussion regarding scheduling interviews for the three finalists for the TA position.   Also discussed was the preparation of standard questions for each candidate.  

At 7:50 PM on a motion made by Selectman Roger Deal and seconded by Jim Wood, the following roll call vote was recorded to go into  Executive Session under MGL c. 30A, §21 ¶ 3 to discuss strategy with respect to collective bargaining or litigation strategy.  The Board agreed they would reconvene only to adjourn.  Roger Deal:  Yes; Jim Wood:  Yes; Ken Sydow:  Yes.

At 8:30 PM, Selectman Roger Deal motioned to adjourn Executive Session and reconvene in open session only to adjourn.  Jim Wood seconded.  Roll call vote recorded as follows:  Roger Deal:  Yes; Jim Wood:  Yes; Ken Sydow:  Yes.

The meeting was adjourned at 8:30 PM.

Respectfully Submitted,


Rose Bardsley, Clerk