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Board of Selectmen Minutes 10/15/2012
Date of Meeting:        Monday, October 15, 2012
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM –   8:56 PM
Members Present:        Chairman Kenneth Sydow, James Wood, Matthew Mecum
Others Present:         Stephen Madaus, Town Counsel; Martin McNamara, Town Administrator; Lori Esposito, Administrative Assistant

Financial Warrants signed in approval.

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

6:30 PM:   Interim Highway Superintendent Monthly Report to the Board of Selectmen:
  • Continuing with roadside mowing, trimming of trees and mowing at Hillside.
  • Erected four “No Parking” signs at Shell station on Rte. 140.
  • Prepped area of Green Street Extension for temporary asphalt.  Brought in outside contractor to overlay pavement.
  • Continuing repairs of trucks.
  • Picked up roadside scrap metal (washing machine, etc.), with a value of almost $300.   Money was turned over to Treasurer for the General Fund.
Library Board of Trustees:  (Present:  Richard Reardon (LPC for Phase I), Brad Barker (Chair, Trustees), Sue Therriault (Secretary, Trustees)
The Trustees request the use of the small meeting room between the Assessors’ office and the Building Department office as a temporary library office for the estimated time period of mid-March through early July.  Rich Reardon said bids for the library repairs will go out in January for a February return.   They hope to sign a contract by the end of March and would like to complete construction by Memorial Day with a “drop dead” date for the end of June.

The hours of operation would be Monday through Thursday from 10:00 AM to 2:00 PM and Monday night from 6:00PM to 8:00 PM for a total of 18 hours each week.   (Fifteen hours, minimum, are required to keep certification.)  They will bring a small selection of books and one person will manage.  They will do daily trips to the Library for the pick-up and return of books.  They still need an alternate location for the Children’s Program.  Ms. Therriualt  asked if it would be possible to extend the hours beyond 2:00 here at the Town Hall. Ken said we should be able to work something out.  

Motion was made by Jim Wood to reserve the small conference room for the Library’s primary operations beginning in March and ending in July.   Matt Mecum seconded the motion; voted all in favor.

Ken Sydow summarized the need for a children’s room: They need a small, secure room to be available to students and children.  Sue Therriault said using the school is not an option.  Matt Mecum said Parks & Rec has a new space at the Police Dept. basement; they might be able to accommodate the Children’s Library.


7:00:  Police Chief Sahagian Monthly report to the Board.

9/24    Attended Special Town Meeting
9/27    Appeared in Clinton District Court for ticket hearings
10/2    Attended Applicant Advisory Committee meeting
10/5    Qualified at gun range
10/8 – 10/12    Chief away due to death in family
10/21   DARE Halloween party from 5:00 – 8:00 PM
10/31   Elementary School Halloween parade at 1:45 PM
11/7    Off to attend daughter’s swearing in at the Massachusetts Bar.

  • A resident on Paul X Tivnan Drive requested a “Hidden Driveway” sign be erected at the end of the road at Route 70.  The sharp turn hides her driveway.  The Chief recommends the Board support erecting a sign.
  • Looking into replacing the department’s pistols (presently carry Glock 40’s – all about 17 years old) with upgraded models.  This can be done for just over $1,000 with trade-ins; the Chief can take this out of his own budget.    He and officers have tested the samples of Glock 40’s and 45’s and the financial outlay would be about the same.   Every time they are at the range a weapon fails; they should be replaced.  Ken said it is the Chief’s Department; he knows what’s needed and he should do whatever is needed.   Matt Mecum and Jim Wood agreed.
Trick or Treat:  The Chief recommends 5:00 to 7:00 PM, to follow what most surrounding communities do (last year the hours were 5:00 to 8:00 PM).   The Board agrees with 5:00 to 7:00 PM.
Cross/School Street school bus turnaround:  The Chief spoke with the bus company and was told no buses turn there at all.  Jim said he was told the bus swings out to the other lane to make the turn from Cross to School Street.  If it can’t make it in one swing, it does a three-point turn.    The Chief will look into this and report back to the Board.

7:20 PM:  Report of the Fire Chief to the Board of Selectmen:

  • Call volume is up an estimated 30% for the year.  The 6:00 PM – 10:00 PM EMT position has helped greatly.   As demand continues, it will be necessary to consider additional personnel to cover the 6:00 to 10:00 PM shift.
  • The sprinkler inspection has been completed at the new Tahanto building.  The fire alarm system is on track for a November 1 completion.  There is one more inspection to be completed for the underground propane tank
YTD Grants:  
  • Citizens Corp Grant for computer equipment and for sheltering supplies (2009-2010) $1500 x 2
  • Emergency Management Grant of $12500 (2009, 2010, 2011):  $2,000 for emergency operations equipment in 2009; $2,600 for the same in 2010; $2,500 for emergency notification system in 2011.   The $1,500 Citizens Corp. Grant and the $2,500 Emergency Management Grant are pending.
Training:
  • Four Fire Dept. members are halfway through their Firefighters I/II Class.
Sara Jordan recently graduated from FFI and Fire Investigator I Class at the Mss Fire Academy.
Captain McKenzie is currently enrolled in two Massachusetts Fire Academy classes:   Fire Officer I and Fire Prevention Officer I with a very demanding class load.
The Department hosted and coordinated the South Wachusett Regional Emergency Planning Committee hazardous materials drill on Saturday, October 13.  The drill involved the derailment of a railcar containing a toxic chemical, requiring crews to deploy a boom on the Wachusett Reservoir in the South Bay on Rte. 140 at the Boylston/West Boylston line.   The Department participated with Holden, Sterling and West Boylston Fire Departments and representatives from the DCR and MEMA.  This drill fulfills the annual certification requirements for the Regional Emergency Planning Committee.
Public Education:
  • The Dept, as part of Fire Prevention Week, provided fire prevention classes at the Boylston Elementary School and the Tahanto Preschool.  The Department taught fire safety lessons to grades K-3 at the BES and the preschool.   A fire extinguisher demonstration is planned with the 5th grade at BES in the near future.
The Dept provided fire extinguisher training to the staff members at Mt. Pleasant Country Club at the request of the Club’s new owner, Reagan Remillard.   We provided staff members with an opportunity to use fire extinguishers to extinguish small paper/rubbish fires and grease fires.   This was an excellent training opportunity for their staff members to see the uses and limitations of the fire extinguishers.   The fire extinguishers used in the training were provided to us by O’Connell Fire Protection.
Other:
  • The Dept. will be sponsoring its 7th Annual Mid-State Firefighter Safety and Survival Seminar on Thursday, November 15, 2012 at Cyprian Keyes Golf Club.   This dinner/seminar continues top attract about 150 to 200 firefighters throughout New England.  This year we have, as the keynote speaker, Deputy Chief John Sullivan of the Worcester Fire Department.
Ambulance Bill Abatement Request Process:
  • The Chief provided the policy that has been in place for a few years.   He has very little issues/needs for abatements.   No outstanding bills to date.
  • Jason Bradford does all of the billing internally with a 96% collection rate.   A portion of the policy reads:          “All requests for abatement will be initially reviewed by the Fire Chief or his/her designee and then forwarded to the Town Administrator and Board of Selectmen for consideration.   To protect patient’s rights and confidentiality, patient’s name and identifying information will be removed from the letter prior to submission to the Town Administrator and Board of Selectmen.”
  • Steve Madaus recommends striking “Town Administrator [for approval]” in at least two places.   Also recommends changing “approval” to “consideration.”
Motion was made by Matt Mecum to accept the policy with Town Counsel’s edits.  Jim Wood seconded the motion; voted all in favor.

Report of the Building Inspector to the Board of Selectmen: Building permits are up from 15 to 18.
  • 6 single-family homes in the past month
  • 122 YTD total; in line with last year.
  • Met with Mt. Pleasant tonight regarding upcoming renovations.
John Burkhardt, Sr. :  Monument Request
Mr. Burkhardt has spoken with Jim Wood several times regarding placing a monument to his son Jay Burkhardt, who died at the age of 20 on June 22, 1990 in a Navy helicopter accident.  He would like to have it placed at the intersection of Mill Road/Sewall and Gulf Streets.
  • Mr. Burkhardt’s family owns three of the four corners of the intersection and the monument could be placed on his brother’s front lawn.  Ken said, if that’s the case, the Town would not need to approve it.
  • Steve Madaus said approval needed if it is on Town property, which would include right of way; the Town could designate an area on Town property.  Mr. Burkhardt said that ideally, it would be on Town property, placed there by the Town.   Something like an upright monument with a plaque.
  • Steve Madaus told the Board they would need to deem the area to be installed and also to determine the funds needed.   The property might have to be donated.
  • Ken Sydow said the Town Administrator can work with Mr. Burkhardt to come up with a proposal/recommendation.
  • Matt Mecum agrees we should do what we can to get it done.
Cemetery Commissionion Meeting:   (Steve Mero present)
Two of the three Commisioners were present at their meeting and voted in favor of Verizon going ahead and testing the site.  Steve Mero said they will let us know when the testing is to be done so the Commission can be present.  Attorney Madaus will contact Verizon.

Report of the Town Administrator to the Board of Selectmen:

1.  The Carriage House adjacent to Town Hall is part of the National Historic Setting of the Gough House property; it is not, however, part of the HRP lease.  Patrick Healy indicated the HRP is interested in the building, although they have no immediate plans for the structure.  Mr. Healy did a walk-through with the Town Administrator and they will look into ways to secure the building to prevent further damage.   The Town Administrator informed Mr. Healy that the Town does not have much money to restore the building.   Mr. Healy will also review it with the HRP committee to determine their interest and ability in preserving/restoring the building.   The Town Administrator asked the Board if it would be okay to purchase tarps for the roof to help secure it for the winter.   Steve Madaus asked if the Building Inspector has looked at it.   The TA said he has not yet done so but the TA will request he do so.
        
2.  The Town Administrator had an audit on our phone bills done by TCS of America.   The result is that we are getting a credit from Verizon in the amount of $3,585.   The cost of this is 30% of the savings.   The TA signed on for the next past of the TCS service:  for them to seek proposals from various carriers.
        
3.  Bids for the School and Green Street paving project were opened as scheduled.   The low bidder was MA Broken Stone; all of their references were checked with excellent feedback.  The TA recommended MA Broken Stone be awarded the bid.

Matt Mecum made a motion to award the bid to the low bidder, MA Broken Stone.   Jim Wood seconded the motion; voted all in favor.

Ken Sydow asked if the cost will be less than the available Chapter 90 funds.   The Town Administrator said it would be approximately $35K less.

4.  The Highway equipment operator/laborer ad was drafted to be posted in The Banner, the Clinton Item and, possibly, the Telegram & Gazette.  It will also be posted at Town Hall and at the Highway Dept.  
The Board reviewed the ad and agreed with the ad description.

5.    The Town Administrator supplied a draft policy for disposal of surplus supplies/equipment for the Board to review and take under consideration.  Steve Madaus noted that if the value is under $5K, Town policy can be followed.   Per General Laws Chapter 30B, for anything valued over $5,000, bidding laws must be followed.

Jim Wood made a motion to adopt the policy, with edits.   Matt Mecum seconded the motion; voted all in favor.

Ken Sydow asked the TA to notify all departments of the policy.

7.  The TA and Steve Mero have been looking into the possibility of utilizing a piece of Town-owned property off South Sewall Street across from Camp Harrington for the purpose of allowing residents to dump leaves and brush.  It is thought the Highway Dept. could bring the wood chipper over occasionally and they could maintain some control over the dumping of leaves.

Ken Sydow said we need to make sure it doesn’t turn into a dumping ground.  Also, it would be for Boylston residents only.   Details would need to be worked out.   The Board indicated they are okay with the TA looking at that area and return to the Board with options and/or recommendations.

8.  The Town Administrator will meet with the Finance Committee on October 21 to discuss last year’s budget process and how we intend to proceed this year.   He has already asked department heads to begin giving thought to their budget needs for F’14.

A proposal has been made to change Finance Committee members; information provided by Town Counsel, to be reviewed and taken under advisement.

Highway Department Review:
  • The Town Administrator said it might be necessary to add another person to the Department to take care of vehicle maintenance (in addition to the laborer position to be posted).   The big issue is that we have no storage for vehicles, so they get weathered and don’t last as long.  Ken said this has been an ongoing issue; we do have some funds put aside for garage space.   We need to come up with a long-term plan.
  • Jim Wood asked if the Board wanted to discuss appointing Steve Mero Highway Superintendent. Ken said Marty is in the process of putting together information requested to review in writing.  We initially decided to keep him as Interim Superintendent for three to six months and we are within that window.  Jim asked what other documents are needed.   Ken said the Board needed to get information and finalize everything.  The TA will be putting the information into a proposal and presenting it to the Board.  We should give the TA time to finish the report.  Jim said we seem to be prolonging the process.   We are getting close to November and snow will be falling; it is time to step up.
  • Matt Mecum said he thought Steve Mero was doing a very good job.   He also wants to make sure that, as a Board, they are accountable as to why any person is chosen for a given job.  This is not personal; we just need to be sure we have our ducks in a row.   If it is necessary to wait an extra week or so, it is worth doing.
  • Steve Madaus said to clarify, the Board should get a submittal of the information from the Town Administrator before their next meeting.
Jim Wood said he would like a clarification of what is needed.  Ken said it is what the Board has discussed in the past and he has discussed it with the Town Administrator, who has nearly completed the information.  Also, this has nothing to do with Steve; the process needs to be followed.   He agrees with Matt that, if another week or two is needed, that’s fine with him.

Agenda Setting:
  • Jim Wood has an issue with the agenda being changed.   When one member of the Board wants something on the agenda, the Chair should not be able to remove it from the agenda.  Ken said the only way to manage the agenda is for final approval by a single member.  Ken said if Jim chooses to change policy, he can make a motion.
Jim Wood made a motion that any member of the Board can put something on the Agenda for discussion.

  • Ken said changes in the Open Meeting Law have forced the Board to review and finalize agendas in time for legal posting.   Also, it helps and saves everyone’s time to be prepared before a meeting.
  • Steve Madaus said the Board needs to be sure the deadline is timely for posting.   The general rule is that the Chairman reviews and sets the agenda.   An option is to add a “future agenda items” section to all meeting agendas for placeholders.  But, it must be brought up at the prior meeting.
  • Jim said he just wants to be able to have any resident at a meeting if they choose to do so.
  • Matt Mecum said he would like to discuss this further.   He also would like anyone to be able to attend a meeting, but it has to be a process to adopt and he would like to discuss it further and put parameters in place.
  • Jim said many things aren’t important to all Board members.
  • Steve said they could also have a “Selectmen’s Miscellaneous Items” section.   Then each is addressed at a given time during the meeting.
  • Jim thinks people in Town should feel they can come in to talk to the Board at any time for any reason.  Ken said he doesn’t know of anyone who feels that they cannot be seen by the Board.  A process is in place to be prepared for topics to discuss.  He referenced the Applicant Advisory Committee as an example of collecting information prior to meeting with various Boards.  This saves time for everyone.  Jim asked, if that’s the case, why Ken took the Highway Superintendent appointment off the Agenda.  Ken said it was because the Board did not have all the available information, as previously discussed.  Jim doesn’t agree; if the Board agreed to put an item on a future agenda, the Chair can’t take it off without consulting all Board members.   He said his motion still stands.
  • Ken asked if anyone seconded the motion.  Matt said he would like further clarification.  Can we do both 'Future Agenda Items' and 'Selectmen’s Individual Items'?  Steve Madaus said the Board could adopt a policy that each member can add individual items, determine if action is sought or discussion is needed and whether someone is coming in to see the Selectmen.  Jim Wood said he would amend his motion to include what Stephen just said.
  • Ken said it is tough, since we cannot discuss with other members outside of a meeting (e.g., discussing agenda items).  He suggests that before voting, Counsel draft something.   He would also like the Town Administrator’s report a week prior to the meeting.  This will also allow time for feed back to the Town Administrator prior to the meeting.  Ken said he welcomes change if it helps the Board to function better.
Jim Wood proposed a motion that 72 hours prior to the Selectmen’s Meeting, the Board must submit “Selectmen’s Miscellaneous” items and “Future Agenda” items.  This is pending Counsel drafting policy.
Matt Mecum said he would second that, pending Town Counsel’s policy in writing.  Voted all in favor.

At 8:56 PM Jim Wood made a motion to adjourn.  Matt Mecum seconded; voted all in favor.

The meeting was adjourned at 8:56 PM.

Respectfully submitted,

Lori Esposito
Administrative Assistant