Date of Meeting: Tuesday, October 9, 2012
Location: Town Hall, 221 Main Street
Time: 6:35 PM – 8:37 PM
Members Present: Chairman Kenneth Sydow, James Wood, Matthew Mecum
Others Present: Martin McNamara, Town Administrator; Lori Esposito, Administrative Assistant; (Others as listed on attached sheet.)
The meeting was called to order at 6:35 PM.
Meeting Minutes Approval: Minutes of July 26 and August 27 are on hold. Minutes of August 6 approved.
Motion was made, seconded and voted all in favor to approve the minutes of August 6, 2012 with minor edits.
With regard to the September 18 minutes / propose articles to close out:
- Ken Sydow questioned closing a 2006 article for Municipal Office Building asbestos/mold. The Town Administrator said a test was done about a year ago and there is no longer a problem; no need to do additional work.
- 2008 MOB basement renovation for purpose of renting/leasing: Town Administrator said the possibility for expansion is not likely. It is currently used for the food pantry, archives, etc.
- 2008 above-ground fuel tank. The Board requested the TA check with the Fire and Highway Departments; he will do so.
The Board agrees with all except a hold on the fuel tank.
Motion was made, seconded and voted all in favor to approve the September 18, 2012 minutes with minor edits.
Report of the Town Administrator to the Board of Selectmen:
- September 25 the Highway Dept. repaved a section of Green Street. October 10 is the closing date for bids on the Green Street and School Street paving project. It is hoped the work will be completed before winter.
- Based on information from local contractors, we will need to put out a request for bids for the septic system at the Town House. We can do the purchasing portion of the project and the Highway Dept. will assist with the project but at least a portion of it will have to be put out to bid. We are looking at a start time of spring 2013.
- The FY’11 financial audit was recently completed. A letter of response was sent to the auditors. The TA met with the Town Accountant and the Treasurer to discuss our plan for correcting certain issues going forward. Some findings in the report have already been addressed and a few more need attention.
- On September 20, Matt Mecum, Tony Zahariadis, Fire Dept personnel and the Chair of the Planning Board met with a local businessman regarding the expansion of his business. He was very pleased with the Town’s efforts to assist him.
- On October 2 the Applicant Advisory Committee met with officials from Mt. Pleasant Country Club regarding modifications to their facility. They appreciated being able to sit with various departments to discuss their plans and get feedback.
- Ashley Davies of Sudbury Valley Trustees has requested the Board set a date for a walk-around of the parcels of land they are interested in off Linden Street and Mile Hill Road.
- Ken Sydow said the Board had asked Town Counsel to look into ownership/title information.
- Steve Madaus said he has received information from the Assessors’ office which he will review.
- The TA has redirected the efforts of Ken Goodwin, the Facilities Tech, to focus on the interior of the buildings at Hillside. The Highway Dept. will now take care of the mowing of the lawn and fields at Hillside.
- The shed next to the Municipal Office Building is in extremely poor condition with holes in the roof, broken windows and general disrepair. The Light Dept. cannot use the obsolete lighting fixtures. The Highway Supt. Said it would be easy and not costly to tear the building down after equipment is moved.
- Ken said that, prior to tearing the building down, he would like a list of its contents. It is also necessary to be certain it is not in the historical/protected area. Ken also wants to be sure the new mower we just purchased for this property is put to good use if Ken Goodwin is no longer doing the mowing.
- Marty McNamara said the Highway Dept. can use it whenever needed; it is also used to remove snow with the plow attachment. He also asked Town Counsel to look at salvage/surplus property.
- Steve Madaus said 30B requires written policy be adopted to dispose of surplus property not under 30B regulations (under $5K).
- Ken asked the TA to draft a policy; Mr. McNamara said he is working on it with Steve Madaus.
- Michelle Smith is to make a presentation to the Business Marketing Committee on November 7 at 6:30 PM. The Board is welcome to attend.
- The Marketing Committee also plans to do a resident survey during the November 6 election and has asked if the Board has any questions they would like put into the survey. If so, they need to be given to the Marketing Committee by next week to be included in the draft.
- The TA suggested asking if Hillside development should go forward? If so, what type of development?
- Matt Mecum said we need to keep it under ten questions to maximize participation.
7:00 PM : (Kim Ames and Robert Clark appeared before the Board.)
Kim Ames appeared before the Board regarding a violation on Brooke Road for a building permit for Clark/Mott. The fee was doubled from $3,760 to $7,200. The lot was cleared and the hole was dug but no construction was performed before the permit was received. There is nothing in the Town By-laws regarding this situation. A neighbor complained, which is why the Building Inspector issued a fine. No footings are in and nothing has been poured.
Ken Sydow said the Building Inspector is following the process already in place. This is a relatively new part of the law of which few people might be aware. Steve Madaus asked how much excavation was done,- a foundation hole or a perk test? Kim said it was prepared for a foundation. Robert Clark said he has been in business for 45 years and never in his life saw this law. He learned of this when he came to pay for the permit; the application was already in. The Building Inspector told him that a complaint had been received to the effect that a neighbor did not want the lot to be built on.
Jim Wood asked if the fine was levied because a hole was dug? Ken said it was because a complaint was made and the Building Inspector had to respond to it since it was a violation. Matt said that if an application is in and you need to wait for a week or so, it holds up getting the work started. Ken said they were not aware; they corrected the situation but the Board now has the option to either uphold or suspend the fine or take the matter under consideration. Jim felt since they didn’t know the fine should be suspended.
Jim Wood made a motion to suspend the fine. Matt Mecum seconded the motion and it was voted all in favor.
7:10 PM: (JimVenincasa appeared regarding Compasse Point lot.)
This regards the same issue as Brooke Road: they began digging the hole after permit application was submitted. Other towns allow for preparation for a foundation. No forms or cement are poured. He apologizes for breaking the rule; he didn’t realize he could not begin any work. The $1,900 permit fee was doubled to $3800 due to a complaint made to the Building Inspector by a Boylston police officer.
Motion was made by Jim Wood to suspend the fine with the proviso that it is not done again. Motion was seconded by Matt Mecum and voted all in favor.
Boylston Food Pantry: (Bruce and Irene Symonds present):
Mr. and Mrs. Symonds offered a written summary of the history of the food bank. There was an ad hoc committee made up of Town citizens to help make decisions regarding the pantry: an “Outreach Board.” It was started by the Police Academy and then taken over by the Town Administrator at the Time, Sue Olsen, with some Town volunteers. Following that, the Congregational Church took over.
- Irene keeps track of money spent and currently has about $4,000 in the account.
- Irene said she spent $500 last week and will need to do so again in a couple of weeks.
- Checks for contributions should be made out to the Congregational Church with a memo line: “Food Pantry.”
- The group running the food pantry met on October 1 and decided to set up more rules and regulations, e.g., people cannot take more than one bag of food, etc. They need to limit items to one each, as well as only one refrigerated item and one freezer item per family.
- Irene said Sandy has a key and the Symonds’ also have a key.
Bruce Symonds on matters other than the Food Pantry:
- Regarding the land off Cross Street, school buses have been turning around there and cars speed by. He is concerned about a potential accident with the school bus.
- Re: Hillside Spring House, Bruce gave a report to the Board written by Bob Haynes. He wants the Board to be aware of it. Is it more of a liability than an asset? It can be seen now that trees are cut down. Ken said some things have been suggested in the past; the Board could take this under advisement. There was a brief discussion regarding what they do and how they regulate it.
Eric Johnson, Plumbing/Gas Inspector:
Mr. Johnson presented an updated permit fee schedule, modeled after that in West Boylston (they just changed theirs). Commercial rates stayed relatively the same, having been reduced slightly.
- Additions and remodeling fees were reduced.
- New construction was reduced slightly.
Jim asked if this would affect the new high school. Eric said it would not, as the permits have all been paid and will be “grandfathered” in. Ken asked when Eric suggested the new fees be made effective. Eric said whenever the Board wants them to be effective.
Motion was made by Jim Wood to approve the fee changes as presented by the Plumbing/Gas Inspector and to begin charging those fees on November 1, 2012. Matt Mecum seconded the motion; voted all in favor.
Town Administrator’s Report, Cont’d:
9. Regarding the Personnel By-law, Mirick O’Connell did a redraft of it a few years ago. The principal difference between the existing by-law and the redraft is that under the current by-law the Personnel Board is appointed by the Board of Selectmen and has a certain degree of authority to make changes to personnel policies, whereas, under the draft by Mirick O’Connell the Board of Selectmen is actually the Personnel Board and authority to make changes is vested with the Board. It also calls for the appointment of a Personnel Advisory Committee that merely recommends changes for the Board’s approval. Ken asked the TA to work with the current Personnel Board and come to an agreement on proposed changes.
Jim Wood said he does not want to rewrite the present by-law. The TA said to make small changes to the existing law won’t require it be rewritten.
Steve Madaus said we might just need a default provision to add to the current by-law (e.g., if they don’t report back after a certain number of days, the issue will be deemed approved. Ken said the Personnel Board was created prior to the hiring of a Town Administrator. The TA now takes on much of what the Personnel Board used to do. Things have progressed; we need to revamp for whatever is appropriate today. Also who makes decisions?
Marty said that, in the present and the rewritten draft, the Board of Selectmen makes all of the decisions. The TA is the Personnel Director but makes no decisions. It goes to the Board of Selectmen with a recommendation for decision. Ken asked Steve Madaus how other towns address the matter. Steve said Boards of Selectmen hold powers and receive advice from their Town Administrator or advisory board. The Board of Selectmen makes all the decisions. Marty said that, without the redraft, the Personnel Board has the power to act independently of the Board. Currently, the by-law lets the Personnel Board determine salary increases.
Ken said he would be in favor of a Personnel Advisory Committee but day-to-day issues should be handled by the TA. Marty asked if the Board wants to leave the Personnel Board as is, with authority on some things, or change to the Personnel Advisory Committee. He needs to know in order to continue. Jim Wood said we should get people interested to come in and talk to the Board of Selectmen. Marty said if the members are currently appointed, they need to be made aware that their role might change to advisory of the next Town Meeting in May. Ken said he feels timeliness is important. If we have volunteers willing to serve, we need to define their role.
Matt Mecum suggests we could set a deadline for making a decision. Steve Madaus said that at a minimum the current by-law needs to add a default provision (to be considered at Town Meeting). If a matter is not acted on in a timely manner, it is deemed approved. It was decided the matter would be discussed again at the December 10 meeting.
10. The TA said the Board needs to begin planning for snow and ice issues. Presently, the Highway Dept. remains short one person in staff. The Board has two options to consider:
- Appoint the present Interim Highway Superintendent to the position full time and recruit and hire a new laborer; or
- Recruit and hire a new Superintendent and move Mr. Mero to the position of Working Foreman.
Ken asked the TA if he is still doing a review of the Highway Department, as requested. Marty said he reviewed the job description and qualifications and did not think the Town would find one person to fit the description with all of the qualifications. Also, someone from outside the Town would not know the Town. Steve Mero has been in the position four and one half months now and has attended multiple seminars and training sessions.
Jim Wood said he felt Steve has not only done a good job, he has done a lot of projects that needed attention, including taking initiative. He is ready to make a motion to appoint him tonight. Matt Mecum agrees. He said Steve has done a great job. He feels that, as a Board, we owe it to the Town to do due diligence on qualifications and extra work to be sure we have the right person for the job. Ken agrees. He feels additional review is also needed regarding how many positions are needed to complete everything needed.
Marty said that at this point he is not sure there is a need for another individual. Peak season for summer, two temps handle everything needed. However, we have not replaced Don Parker’s position, so we at least need to add one laborer. Ken said if we hire a laborer now, it’s in the budget through F’13. Marty asked for clarification on what we want for due diligence. Matt said when we appointed Steve we talked about different qualifications that were needed, i.e., licensing, etc. If he has it now, we would like to see a list of updated qualifications, in writing.
Ken said we came up with a list of due diligence for the Department and haven’t seen it yet. We need to go back and pull the meeting notes. Jim Wood said we need to just vote tonight and appoint him. Steve Madaus said, since it is not on the Agenda, the Board should not vote tonight. Marty’s recommendation is to appoint Steve Mero as Superintendent. He has implemented changes and done everything that was asked of him.
Matt said he just wants to show the Town that we did our job by completing due diligence and evaluating qualifications. We need backup and he would like a listing of certifications currently being met since we have appointed him as Interim Highway Superintendent and asked him to do. Ken said, since we can’t vote tonight we should prepare for a future meeting and put it on the Agenda. He wants all information on paper to review. Marty’s concern is delaying the hire of a laborer while awaiting the appointment of a Superintendent.
At 8:25 PM Mr. Mecum motioned to go into Executive Session under M.G.L.c. 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; Mr. Mecum: Yes.
At 8:37 PM, Selectman Jim Wood motioned to adjourn Executive Session and reconvene in open session only to adjourn. Matt Mecum seconded; roll call vote was recorded as follows: Mr. Sydow: Yes; Mr. Wood: Yes; Mr. Mecum: Yes.
The meeting was adjourned at 8:37 PM.
Respectfully submitted,
Lori Esposito
Administrative Assistant
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