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Board of Selectmen Minutes 09/18/2012
Date of Meeting:        Tuesday, September 18, 2012
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM –   8:15 PM
Members Present:        Chairman Kenneth Sydow, James Wood, Matthew Mecum
Others Present:         Martin McNamara, Town Administrator; Lori Esposito, Administrative Assistant;                   Stephen Madaus, Town Counsel.  (Others as listed on attached sheet.)

The meeting was called to order at 6:30 PM.

Report of the Town Administrator to the Board of Selectmen:

        1.  The TA held the first of the monthly departmental meetings on September 5.   Almost every department was represented.   The next meeting is October 3 when Attorney Brian Falk of Mirick O’Connell will do Ethics Law training.
        2.  The school Superintendent Nadine Ekstrom, has offered to arrange a tour of the new school for the Board, if interested.  It would be on a Friday afternoon.
        3.  The TA attended the Annual Regionalization Conference at Holy Cross on September 10.  This was sponsored by the Division of Local Services and Lt. Governor Tim Murray spoke.  This was a good session with discussions of regionalization projects undertaken in various towns.
        4.  The Patrick-Murray Administration has announced $4M in funding for the next round of Community Innovation Challenge Grants.  Last year Boylston, West Boylston and Sterling submitted an application for a two-year grant to hire a tri-town housing specialist; this was denied.  Leo Gaumond of West Boylston would like to reapply this year.  The TA is seeking the Board’s thoughts on reapplying for the grant.
  • Ken Sydow said he would like to do so.  Jim Wood questioned whether we would want to have that come into Town (affordable housing developments); he would prefer to see senior housing in Boylston.  Matt asked about what the cost (via the grant) to Boylston would be:  $20K.  Ken said the goal is to have the towns work together with one person as a specialist acting for all. Matt agreed.
        5.  Tuesday evening, September 11, the TA attended the Prioritization Forum in Sturbridge sponsored by CMRPC.   This Forum was well attended, with over 70 people from the 13 towns attending.  Information about the Central 13 Priorities and copies of the maps and the Power Point presentation are available on the CMRPC website for anyone interested in them.
        6.  The TA suggested the Board set the mileage rate at 55.5 cents per mile, in keeping with the IRS rate.
        Ken Sydow made a motion to increase the mileage reimbursement rate to 55.5 cents per mile, effective immediately.  This reflects an increase from the previous rate of 50 cents per mile and is equal to the Internal Revenue Service reimbursement rate currently set for 2012.  Matt Mecum seconded the motion which was voted all in favor.

        7.  The Hillside Restoration Committee will hold a pie baking contest on October 6 at the Farmers Market; they request a Board member be a judge.  Jim Wood volunteered to do it.
        8.  The TA has been in touch with Mark Durfee, Vice President of DesLauriers Municipal Solutions, Inc.  This company developed the E-Permitting Program currently being used by eleven towns in the Southeastern Region.  He or another representative of the company will be at Town Hall on September 19 to discuss and demonstrate the Program.   Numerous departments have been invited to attend.   The CMRPC had indicated their organization will be pursuing a Community Innovation Challenge Grant to fund E-Permitting by this company and the TA has made it known to the CMRPC that we are very interested in this system.  If CMRPC obtains the grant, we might possibly get the Program for nothing.
        9.  The Town Accountant provided the TA with a listing of Appropriation Articles from previous Town Meetings that remain open.  Following consultation with various Department Heads, the TA has instructed the Accountant to close some of those Articles with the money going into the next free cash certification.   Ken Sydow would like to hold off for a while.   Those proposed to be closed are:

        Year            Article                                                 Balance

        2005            Ad Hoc Regional Study                                   $ 10,000.00
        2006            MOB Asbestos/Mold                                       $ 27,300.66
        2007            Regional School District Review                 $ 15,000.00
        2007            Diesel Exhaust Filter                                   $      217.90
        2008            Ambulance Radio Upgrade                         $      108.05
        2008            MOB Basement                                            $ 38,548.28
        2008            Above-ground Fuel Tank                                  $ 10,817.08
        2009            Front-end Loader                                                $      200.78
        2009            Used Vehicle                                            $      866.12
        2011            Fire Equipment                                          $         12.53
        2011            Highway Sweeper Repair                          $   1,846.17
                                                                TOTAL:          $104,917.57     

        10.  Lori Esposito and Steve Mero completed the Public Contracting Overview course at the Office of the Inspector General; the TA will take the second step of the contracting course during the week of September 23.
        11.  The Chapter 90 project will be advertised in the Central Register and the T&G and will be posted at Town Hall on September 19 with a deadline for bids of Thursday, October 4, 2012 at 1:00 PM.  School Street will be completely repaved and Green Street will be done from Cross to Warren Streets.   The TA and Steve Mero will attempt to use some highway funds (from the budget) to put at least a temporary layer at the other end of Green Street (near Northborough).  Hopefully, Northborough will repair the drainage and repave by next spring.

6:50 PM  Mike and Dan Buddenhagen:    A certificate of appreciation for service above and beyond the call of duty was presented to Boylston volunteer firefighters Mike and Dan Buddenhagen.  Ken Sydow said he had received a report and commendation from the Chief of the Moultonboro, New Hampshire Fire Department.   Chief Flanagan said he had received notice from the Chief that they helped save a life.

Report of the Police Chief to the Board of Selectmen:
  • Chief Sahagian reported one instance of rape; referral from the court system, involving minors.  This is unsubstantiated at this time.
  • June 16:        attended firefighter’s ceremony.
  • June 20:        firearms trailer for firearms training.
  • June 21:     dispatcher EMT certified; all new dispatchers are certified.
  • July 4:         no incidents during the holiday.
  • July 24-26:     assisted with School Street closing due to repairs.
Aug 16: attended former dispatcher Sonja Collins’ funeral.
Aug 29: school back in session.   Increased patrols/presence during busing hours.
Sep 3:  Labor Day – no incidents.
Sep 13: 911 reverse call re:  mosquito risk.   Went well.
Sep 22: motorcycle and bike ride (separate rides for charity) will be coming through Town; will                         assist with traffic direction.

With regard to “No Parking” signage in front of the Shell Station on Route 140, Chief Sahagian spoke with the owner/manager; they understood and agreed with the need for sign placement.  Based on that input, the Chief requested the Board consider agreeing to place signs there.   The Board is in agreement.

The Chief received an email from the Planning Board re:  potential events/parking at Summer Star Reserve Sanctuary.   The Chief replied that, if over a certain number of cars attend, they would need to coordinate remote parking and notify the Police Department so they can assist with traffic, if necessary.

The Chief received a request from a new resident of Paul X. Tivnan Drive, but a well-established Town resident, who is concerned about traffic heading south on Route 70, making the turn to go up Tivnan Drive and cars coming out of Tivnan, since there is just a yield sign.   He would like a STOP sign installed in place of the YIELD sign.  The Chief reviewed the accident reports and recounted two (one unrelated to the YIELD sign) in the past 13 years.
  • Jim Wood said it might be worse with a STOP sign.   The Chief agrees and will monitor the intersection to evaluate it but does not feel it is a safety issue at this time.
The Chief reminded the Board that Sergeant Donahue will retire in December.  The Chief asked the Board to begin considering whether a replacement is in order; we need to address the matter.   Training is also involved to replace his administrative duties.
  • Jim Wood said he would like the Chief to give his recommendations to the Board.  Chief Sahagian said he will do so.
Report of the Fire Chief to the Board of Selectmen:
The Chief brought up the Central Mass Regional (CMRPC) Pre-disaster Mitigation Plan and requests the Board vote to adopt the plan.
  • This plan was developed after the 2008 ice storm.
  • The goal is to minimize the effects of natural disasters.
  • It opens up future grant opportunities for us.  
  • Twenty-seven of 40 participating communities have signed on to the plan.
  • This requires approval from MEMA and conditional approval from FEMA.
  • Local participation is the last step before federal moneys are available.
  • The 300-plus page document breaks down mitigation finding for each community.
Jim Wood made a motion to adopt the plan at the Fire Chief’s recommendation.  Matthew Mecum seconded the motion; motion voted all in favor.

The Chief wrote a grant for a more efficient 911 notification system; most grant money will be going away at the end of the existing year.  The Health Board has the system, as well as the schools.   However, the school lines are only to be used for households with school-aged children.  As a result, the Chief has been looking into a system called Code Red, which is a voice-over IP system.   This can also be used to trigger social media websites, cell phones, etc.   This is a $2,500 grant; the total cost is $4,200.   This seems to be the best program and the Chief submitted the grant request today.

Report of the Interim Highway Superintendent, Steve Mero to the Board:
  • Steve updated the Board on recent activities by the Highway Department (roadside cutting, mowing, etc.)
  • Graffiti/vandalism has taken place over the past few weekends:  painting trees, street signs, etc.   The Department has been cleaning it up on Mondays.
  • Steve would like to close School Street and Green Street for the paving project.   He spoke with Chief Sahagian and will work with the Chief’s requirements.  Only local residents will have access; he will notify all residents of those street closings.
  • The Department picked up the new Safety trailer.
  • A Town resident notified Steve of an issue at Manor Park with hemlock trees having a severe infestation by a beetle called a Hemlock Woolly Adelgid.    The resident offered to take care of the trees with pesticide at no cost to the Town so that he can preserve the trees.  If no treatment is applied to the trees, they will die within four to five years.   There are no other hemlock trees in the area, only on this Town-owned property.  Currently, there are about four or five trees visually infested.
  • Ken Sydow advised Steve to come up with a cost and plan of treatment and move forward.  The Board was in agreement.
  • The 1990 six-wheel Mack dump truck is in dire need of servicing.   It would cost approximately $10K to get the vehicle to safe operational specifications.  The truck has been parked for over 20 years.   The truck is used in winter for snow plowing/sanding.  Steve said that, after speaking with the Town Administrator, he could take money from the snow account for repairs.
  • The Town Administrator said there is nothing wrong with the motor and the body, but the subframe needs rebuilding
  • Steve said he would be able eliminate using two trucks on Route 140 and use just one, once this is repaired.
  • Steve Madaus reminded that he would need to solicit three quotes for the repairs.
  • The TA said it would be from different vendors; the DPW is doing the install work.   Then a sub-contractor would do the final work.  Steve Madaus will work with the TA; he also reminded to make sure a record of who called for quotes is kept.
  • The paving in the new section of the cemetery has been completed using money from an old Article that was never used.
  • There was one burial last month.
  • Ken Sydow wanted to clarify that the paving was done with money allocated to the cemetery for that purpose put aside several years ago (in the 1990s).   The money was appropriated for that purpose only.
  • Steve Mero attended the Mass Highway Association meeting in Charlton, Mass today.
Report of the Building Inspector to the Board of Selectmen:
Tony Zahariadis said there were 15 permits issued to date for September, the average being the same as last year.
  • 16 electrical permits
  • 9 Plumbing and gas permits
  • One new house
Business has been steady, neither increased nor decreased.  Tony created an official complaint form for the Building Dept so we can have a record of it.

Bill Manter, Chairman of the Planning Board:  Mr. Manter presented an alternate location for the cell tower at 599 Main Street.   He also hired Isotrope, LLC of Medfield (contact Dave Maxson) to confirm and review statistics provided by Verizon.  Bill would like the Board’s input, since the Planning Board has no power to change the existing Verizon lease.

Counsel Madaus requested the Board limit discussion to the Town’s lease on that site and no other matters that are before the Planning Board.  He also reminded Bill that the lease awarded by the Board of Selectmen, which is subject to local zoning, was reviewed by the Planning Board.   The lease identified where the tower would be installed.   The only consideration is if the Board of Selectmen is open to potential amendment of the lease (with regard to location on the site).  The public hearing deadline is November 30, 2012.

Ken Sydow asked Steve Madaus for his recommendation on what and how to proceed.  Steve Madaus said that if the Board would be amenable to considering a lease amendment they would notify the Planning Board.  Jim Wood said he is against putting it on the site, period.  Steve Madaus reminded Mr. Wood that the Board has already executed the lease.  Bill Manter said the alternative is more toward the rear of the site.   That, however, will create problems for Highway vehicle storage.   He is also unsure of where the septic will be located.  This location expands the pad from the original site; he thinks it will interfere with the leach field.   That would be his main concern; also, he would need to find alternate storage. The Fire Department also has some equipment stored.  Steve Mero said another concern is for sand storage.  Bill Manter said the area was expanded from 20 x 80 to 40 x 80, based on a recommendation in the Isotrope report.   This will allow for future co-location.  Matt Mecum said this will also severely limit parking for users of the Town House.

Ken said that when Verizon was in and did the site tour, they said it would not need that much room.  Bill said they did an on-site tape survey with the Fire Chief; they can still maneuver the ladder truck around it.   The other benefit would be that it won’t be seen as easily from the hoses on the next street and would bring it far away from Mr. Gates’ house (closest residence to 515 Main Street).  Ken Sydow asked Steve Madaus if the area space is specified in the lease.  Steve Madaus said it is referenced in the lease diagram.  Bill Manter said the Planning Board also reviewed it to consider not only Verizon’s needs, but future co-locators.   This also moves the tower farther away from the Town House entryway.

Ken Sydow asked about other alternate sites.  Bill Manter said the Water Department and Cemetery Commissioners were approached regarding alternate sites proposed by Verizon.   The first step is to authorize Verizon to do testing.   He is not sure of the progress with the Cemetery Commission.  They are searching for the cemetery deed (not in this building) to determine use on the deed.   Margo Richardson of the Assessors Office is doing her homework, looking for information.   The 1902 records show the closing of the original road, but no record of the deed.  Ken Sydow asked Counsel to assist with the deed search.   He asked if there is any indication of the Cemetery Commission’s disapproval if the use is not limited.  Steve Mero said there is not; the Commission is just looking for the information first.

Ken inquired if the Board could approve a lease amendment to double the pad size and move it within the 599 Main Street site.  Steve Madaus reminded him it would also require agreement by Verizon.  Ken said he hesitates to deviate so much from the original proposed location and size of the pad.   It seems it would further restrict Town House use.  Matt Mecum said he agrees; loss of use of the Town House would be unfortunate.

Bill Manter thanked the Selectmen for their input and time.

Marketing Committee Update by Matt Mecum:
MOBD – Rosemary Scrivens is coming in tomorrow to speak with the Committee.  The Committee asked to see the Hillside Study Report and presentation.  Ken Sydow feels the Hillside presentation could be long enough to be its own meeting.The Committee is planning to conduct a survey while staffing a table at the November election; this will help them establish what the residents want.

At 8:15 PM, Mr.Mecum motioned to go into Executive Session under M.G.L. Ch. 30A, §21, ¶3 to discuss strategy with regard to litigation.  The Board agreed they would reconvene in open session only to adjourn. Mr. Wood seconded the motion and the roll call vote was recorded as follows: Mr. Sydow-yes, Mr. Wood-yes and Mr. Mecum-yes.  


The meeting was adjourned at 8:50 PM.

Respectfully submitted,

Lori Esposito
Administrative Assistant