Town of Boylston, MA - Board of Selectmen Minutes 06/11/2012

Board of Selectmen Minutes 06/11/2012

Date of Meeting: Monday, June 11, 2012

Location: Town Hall, 221 Main Street

Time: 6:30 PM – 8:54 PM

Members Present: Chairman Kenneth Sydow, Vice Chair James Wood, Clerk Matthew Mecum

Others Present: Stephen Madaus, Town Counsel; Martin McNamara, Town Administrator; Lori Esposito, Administrative Assistant to the Board of Selectmen. (Others as listed on attached sheet.)

Report of the Town Administrator to the Board of Selectmen:

CMRPC: Conducting a survey of Building Dept. fees in area; we participated and submitted information last week. The survey results will be shared when completed.

Interim Highway Superintendent: On 5/30, TA met with Steve Mero, who accepted Interim Superintendent position, effective 6/4/12. A letter announcing his appointment was sent to all employees.

Parks and Recreation: On 6/4, TA met with Karen Barber (P&R Program Coordinator), School Superintendent Dubrule, and Police Chief Sahagian to address issues and concerns regarding P&R taking over basement level of PD building. All are in agreement to move forward.

Volunteer Luncheon: TA attended Volunteer Recognition Luncheon on Tuesday for the Meals on Wheels volunteers. On behalf of the BOS, Mr. McNamara thanked the volunteers for their work and stressed the importance of what they do for our seniors.

Library Trustees: TA attended 6/6 meeting of Library Trustees, discussed septic/ADA compliant entryway project recently approved at Town Meeting. There were several questions re: procurement process. Mr. McNamara suggested Town Counsel attend a meeting with himself, the Trustees, and the project architect to address all questions. Meeting tentatively scheduled for Wednesday 6/20 at 6:30pm.

Additionally, the Trustees have been told to anticipate a shutdown of the library for approximately 12 weeks during construction; they inquired about the possibility of setting up their operation at the MOB during that time. Mr. McNamara will look for potential available space, but the decision would be with the Board of Selectmen.

599 Main Septic System: Town Counsel provided a draft of the bid document for the new septic system at 599 Main Street. A question has come up regarding the possibility of the Town purchasing the materials needed from the State Bid List, and needing only to hire a contractor for the installation and electrical work. Town Counsel has advised this may be a possibility; he warned there is a risk of lack of coordination between purchasing the materials and work on the project.

USDA ALB Program: TA met with Clint McFarland (USDA) and Pat Inderwish (Boylston Youth Football) regarding some damage left at the football field as a result of tree removal by the USDA’s ALB eradication program. Mr. McFarland has agreed to repair the damage (off of the field, near the tree line).

Roadside Memorial: TA received a call from Redwood Circle resident Raymond Lussier regarding the memorial on Central Street (Reese family). He was under the impression that the Board agreed to remove it after the Shrewsbury High School graduation (class of deceased). Mr. McNamara informed Mr. Lussier that the Board of Selectmen voted to revisit the topic after graduation, which was May 31^st. Mr. McNamara informed the Board that he also visited the memorial site and did not see any issues with debris, traffic, etc. The discussion was tabled, no action to be taken re: the memorial or the policy at this time.

Health Care Reform Report: Completed and submitted to the Executive Office for Administration and Finance on Friday, 6/8.

FEMA Reimbursement: Fire Chief Flanagan is unable to attend tonight’s meeting. He has reported that he received the initial approval for mmunity to place unnecessary signs.

Chief Sahagian (present) has received a copy of both letters, and has researched the accident and speeding history in the area. There have been no previous complaints of speeding, he has not observed speeding issues, and there has been only one recent accident, which was in front of #60 E. Temple Street, well away from the entrance to Edgebrook Drive. Chief Sahagian spoke with Ms. Patton further, explaining the issue seems to be within the Timberbrook development, and he suggests their Board place signs as they see appropriate. He feels the Board of Selectmen could place caution and/or ‘Children at Play’ signs, but to change the speed limit of the road is not feasible. He does not recommend spending any Town funds, as he currently does not see it being a problem, nor does the Timberbrook Board of Managers, as indicated in Mr. Reinhart’s letter.

Chairman Sydow said that absent anything further to substantiate a problem, he would support the Police Chief’s recommendation of taking no action. Jim Wood concurred. The Board asked Mr. McNamara to send response letters to Ms. Patton and Mr. Reinhart re: same.

Police Chief Sahagian: Monthly report to the Board.

Serious MVA last Thursday on Rte. 70, around 2:30pm. Involved 2 Tahanto students, 1 Assabet student traveling southbound, when a single-occupant car headed northbound crossed marked lanes resulting in a head-on impact. There were serious injuries involved. The cause of the accident is currently under investigation.
Increase in car breaks in area.
5/17 – attended ticket hearing in Clinton
5/21 – attended DARE Elementary graduation
5/28 – Memorial Day celebration; received a few verbal complaints about parade not allowing handicapped parking spaces and bathrooms. Also, complaints that the roads were not “locked down” for the road race. The Board voted several years ago not to do this, and there haven’t been any problems. Chief Sahagian is not sure it would be feasible to close roads for almost 2 hours; Route 70 would need to be shut down also and is a State road.
6/1 – attended Don Parker’s retirement luncheon.
6/3 – Tahanto graduation; no issues
6/4 – meeting with TA, P&R re: basement use.
6/5 – attended Chief’s in-service training.
Police Union fundraiser in process; calls being made by officers. No fundraising company is involved, 100% of donations go to Police Union.
Police Chief would like the Board to consider placement of ‘No Parking’ signs in front of the new Shell Station, similar to what is in front of Dipilato’s Mobil station. No parking along the breakdown lane on 140 would assist vehicles entering and exiting the property. Vehicles that currently park there (usually during rush hours) are causing a safety hazard. Chairman Sydow would support the suggestion; Jim Wood agreed. Mr. Sydow asked Chief Sahagian to first speak with the property/business owners then return to the Board with a plan for sign placement that is agreeable to all.

Interim Highway Supt. Steve Mero: Monthly report to the Board

Met with Hwy Dept. staff last Monday to open up the communication process.
The dept. pickup truck that Mr. Mero drives broke down in Paxton today. Towed to Sunnyside Ford for estimate of repair.
Starting an equipment maintenance program; some vehicles have not had regular maintenance in the past.
Lots of old trucks and equipment are stored that have not been in use. He would like the Board to consider disposal. Some suggestions were offered, including being paid for the scrap metal; Ken Sydow told Steve to meet with Marty McNamara regarding procurement, disposal of surplus, etc. Brief discussion re: process/policy to adopt for disposal of unused equipment/vehicles. Deferred to Town Counsel for consideration and advisement.
Mr. Sydow asked if seasonal help has been hired yet for this year. No; Steve is not sure of the process or the paperwork that needs to be filled out. Ken asked him to have Marty help him with the process.

Farm Sign Request (temporary, directional): Mr. Carl Wickstrom of Golden Skep Farm in Berlin previously requested temporary placement of two directional signs; the Board requested advisement from Town Counsel re: same. After some research, Town Counsel Madaus is in agreement with Building Inspector Tony Zahariadis’ initial determination to disallow the signs, based on our current bylaw.

Leash Law: Discussion tabled. The Board will not currently promote a change in the bylaw.

FY13 Funding for Hillside Revolving Account: Town Accountant Nancy Nykiel notified Mr. McNamara that this year’s Annual Town Meeting warrant did not contain an article requesting authorization of a funds transfer from the Hillside revolving receipts account, resulting in no funding as of July 1^st for Hillside Town Buildings account. This account supports utilities and maintenance for the MOB and PD buildings, as well as the Facilities Technician’s salary, from rental income on the properties. Only a Town Meeting vote can support this transfer, and until there is a Fall Town Meeting, Mr. McNamara presented the following options:

Run account in deficit
Transfer from the Reserve Fund
Use funds from various MOB accounts

Finance Committee Chair Eric Brose recommended running in deficit; Town Acct. Nancy Nykiel does not recommend. Town Counsel Madaus noted that only a maximum of $5K can be transferred from Reserve Fund.

Mr. McNamara also noted that a 2010 auditing letter advised that a Hillside Revolving Account was never authorized at a Town Meeting. Patrick Healy (in audience) was on the Selectboard at the time, and was sure an account was authorized. Mr. McNamara will look into this.

The Board agreed with the Fin. Comm. Chair to temporarily run the Town Buildings Hillside account in deficit until the funds can be transferred at a Special Town Meeting in the fall. The money is there, just needs to be voted and appropriated.

Contract for Audit Services: Two original contracts signed by Dan Haynes (Scanlon & Associates) and Town Counsel Madaus, pending BOS signature. Both signed.

7:45 PM HEARING: CDM Smith Road Open Permit Colleen Atves (Project Mgr) and Scott Sasek (Field Resource Mgr.) present to represent CDM Smith. They are proposing a road opening to connect water service to two residences at 295 and 322 Shrewsbury Street (Route 140, near Shell station).

The Board reviewed application and plans presented; brief discussion of work to be performed.
Road work anticipated start date is Monday, June 25^th; to finish by end of week.

$1000 performance bond recommended by Hwy. Supt. Don Parker.

Police Chief has been contacted re: need for detail officers. Board recommends they contact him regarding recommended times of work

Motion by Jim Wood to approve permit was seconded by Matt Mecum and voted all in favor.

Motion by Jim Wood to approve performance bond was seconded by Matt Mecum and voted all in favor.

Performance bond and $300 application fee turned in to Lori Esposito; signed permit given to Ms. Atves.

The Board took a recess at 7:53PM and reconvened at 8:00PM.

Personnel Board: Richard Prince present to represent Personnel Board. He requested to meet with the Board to discuss the proposed Personnel Bylaw change and the direction the Selectmen wishes the Board to take. Mr. Prince summarized that a few years ago, the BOS wanted to change the Personnel Board (“PB”) to a Personnel Advisory Committee. A new personnel bylaw was drafted by Mirick O’Connell attorney. Mr. Prince met with previous Board chairman Jim Stanton a few times to discuss proposed changes.

More recently, Mr. Prince met with current chairman Ken Sydow to discuss some issues. The PB reviewed the final proposed bylaw changes and decided that the situation of the Town warranted continuing with a PB in place, versus a Personnel Advisory Committee. A PB is a more formal representation of personnel matters. They would meet regularly (monthly) to address various personnel issues. They would continue with a new policy manual that was drafted with previous Town Counsel Angelini, yet never finalized. An Advisory Committee would be more of an on-call group, as needed, while the primary responsibility for the personnel functions would be taken over the by Board of Selectmen and Town Administrator. The PB feels it would be a burden to the BOS and TA to do what they’ve been working on for some period of time. Hiring and firing decisions, personnel reviews, etc. should be on the PB’s list of things to do; it’s too time consuming for the BOS & TA to take on.

The current PB has decided there is a need for their services, to bring things up to date, and to complete and implement changes such s a new employee manual and personnel policy. If the BOS decides to go with an advisory committee, each current PB member would have to make their own decision to remain on such a committee. Mr. Prince also noted that member Whitney Libby may have a conflict with serving in any capacity due to the company she currently works for that sells power. However, he feels Mike Healy (served on TA Search Committee) would be able and willing to serve on the PB if a vacancy arises.

Jim Wood said he like the idea of a PB in place. It worked for years and years, and they have a lot of talent on the board. They should be able to work in conjunction with TA.
Matt Mecum asked if a policy manual would still go through the BOS for final approval – Mr. Prince said yes, the PB is not a decision-making group, they are an advisory group.
Ken Sydow would like to review files from the past few years to see what was done and still needs to be done. Also would like Marty’s review and recommendations.
Marty McNamara said he has review the manual, and a lot of information and documentation from the past few years regarding the PB. He doesn’t think a board or committee, other than BOS, TA, and department heads, should be involved in hiring, firing or employee reviews. We need to be careful about what we allow access to; the PB should not have access to employee files or other personal information. Marty said he could assist with job descriptions, employee handbook, policy manual, etc., since he has done it all in the past.
Mr. Prince said the PB wasn’t given any authority other than forms, procedures, job descriptions, etc. He said that Mr. McNamara will quickly learn with reviews that supervisors have in the past offered unauthorized raises, promotions, etc. The PB would sign off on documents.
Marty asked why they would review and sign off on documents if they have no authority to change it. Mr. Prince said they would be on the lookout for consistency and things that shouldn’t happen.
Matt Mecum said what he likes about having a PB in place is they’d meet regularly and be proactive. Once it gets rolling again, Marty would also be involved. He is concerned that four people from town willing to volunteer would be discouraged and he wouldn’t want to do that. Matt agrees however, that hiring, firing and personnel issues need to be kept confidential.
Jim Wood would like the issue resolved asap; Matt agrees.
Town Counsel Madaus noted there are two separate issues: current responsibilities of the PB and a potential new personnel bylaw. It seems that the PB would object to a new bylaw. Ken Sydow said it’s just updating things to fit with the Town’s current needs, with a full time TA in place. He noted that the PB was established prior to ever having a TA.

The Board thanked Mr. Prince for coming in and would consider what was discussed.

Meeting Minutes Approval: Motion to approve regular and executive session drafts of5/29/12 with edit was seconded and voted all in favor. All other minutes for approval to carry over to next meeting.

Board and Committee Appointments

The following were motioned for appointments, seconded, and voted all in favor.

~	~	TERM YEAR
ADA Committee	Jane Meegan	2013
	Jean Gates	2013
~	Irene Symonds	2013
Affordable Housing	Michael Borsuk	2013
Appeals Board	Brad Wyatt	2017
~	William Filsinger	2017
Board of Registrars	Phyllis Gaucher	2015
Cable Advisory Committee	Tom Martiska	2013
Council on Aging	Jane Meegan	2013
	John Faucher	2013
	David Wheeler	2013
	Eugene Dodd	2013
	Dennis Goguen	2013
	Oswald Sauer	2013
	Karen Tremblay	2013
~	Mary Ann Whitney	2013
Cultural Council	Susan Boucher	2013
	Sue Filsinger	2013
~	Carolyn Crane	2013
Earth Removal Board	Arthur Gibree	2013
Finance Committee	Eric Brose	2015
Historic Commission	Judith Haynes	2015
~	Ken Linell	2015
Historic District Commission	Catherine Richard	2015
Homeland Security	Dennis Costello	2013
	Joe Flanagan	2013
	Tony Sahagian	2013
~	Don Parker	2013
Insurance Advisory Committee	Pamela Rudge	2013
	Joe Flanagan	2013
	Steve Mero	2013
	Lori Esposito	2013
	Mike Lucia	2013
	Susan Brenner	2013
	Town Administrator	2013
~	Town Treasurer	2013
Memorial Day Committee	Joe Larkin	2013
~	Brittany Blaney-Anderson (NEW -- wants appointment)	2013
Senior Tax Rebate Committee	Jane Meegan
	Dennis Goguen
	Town Administrator
~	Town Treasurer	~
Stormwater Committee	Joe McGrath	~
Town House Committee	Chickie Resseguie
~	Don Parker	~
Appointed Officials:		ALL 2013
Sandy Bourassa	Parking Clerk
Jane Meegan	Council on Aging Coordinator
Chickie Resseguie	Social Service Rep/Nutrition for Elderly
Howard Drobner	CMRPC Alternate for BOS
Nancy Nykiel	Town Accountant
Jeff Ugalde	Treasurer/Collector
Joe Daigneault	Assistant Treasurer/Collector
Lori Esposito	Admin to Selectmen
Steve Mero	Interim Highway Superintendent
Tony Zaharaidis	Building Inspector
Ray Renzoni	Building Inspector for Tahanto Project
Eric Johnson	Plumbing/Gas Inspector
Richard LaPan, Jr.	Assistant Plumbing/Gas Inspector
Tom O'Connor	Wiring Inspector
John McQuade	Assistant Wiring Inspector
Dennis Costello	Health Agent
Martin McNamara	Tax Title Custodian
Stephen Madaus	Town Counsel
Vincent Perrone	Veterans' Agent

At 8:54PM a motion to adjourn was seconded and voted all in favor. Meeting adjourned.

Respectfully Submitted,

Lori Esposito

Administrative Assistant