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Board of Selectmen Minutes 03/04/2013
Date of Meeting:        Monday, March 4, 2013
Location:               Town Hall, 221 Main Street
Time:                   6:05 PM – 8:17  PM
Members Present:        Chairman Kenneth Sydow (left at 6:50pm), James Wood, Matthew Mecum; Martin McNamara, Town Administrator; Brian Falk of Mirick O’Connell; Rose Bardsley, Clerk; (Others as listed on attached sheet.)


Financial Warrants were signed in approval.

The meeting was called to order by the Chairman at 6:05 PM.


Report of the Town Administrator to the Board:

Stormwater Management Grant:  The Town, along with 30 central Massachusetts towns, has been awarded a grant of $115K for stormwater management.  Regarding the grant submitted with West Boylston and Sterling for a Housing Specialist, no grant will be forthcoming.

Verizon Wireless Lease Termination at 599 Main Street:  Verizon has requested the Board sign a release of the lease agreement due to their inability to obtain required approval and issuance of a permit.  

Motion was made by Jim Wood to terminate the lease at 599 Main Street; Matt Mecum seconded the motion; voted all in favor.    Lease termination document executed by all Board members and notarized by Town Clerk.

Charter Communications’ petition for special relief is being opposed by the Massachusetts Department of Telecommunications and Cable.   The deadline has been extended another 30 days.

Town House Septic System:   The low bid was $76,874 and the high bid was $224,565.  We have only $57K remaining in the Article authorizing the expenditure.   Being $20K short of the cost of the lowest bidder, and after consultation with the Town Accountant and Town Counsel, it has been determined the bid should be cancelled and the project rebid this summer.   

In addition, the Town Administrator has prepared an Article for Town Meeting requesting an additional $50K because paving costs were not included in the original request for money.   It is estimated it would cost $30K for paving.

Ken Sydow asked if that is something the Highway Department can do and is it separate from the other bid.  Marty said the Highway Department could do it as it has had some experience since doing the cemetery and School Street.

Library Renovations:   The low bid was $149K and the high bid was $357,432; however, since the opening, the low bidder requested he be allowed to withdraw his bid due to an error on his part.  The Library planning board would like to go with the next lowest bidder and are meeting at this time to see if they have the additional $20K needed.  (Town Counsel has indicated we can keep the bid bond of this bidder ($7,400-$7,500) and apply it toward the project.)   The Trustees do have funding in some unrestricted gifts.

PILOT Program:  Our annual check from the state ($595,254.11) has been received.   We have also received reimbursement of Chapter 90 funds in the amount of $663,812.56.   

GASB 45 Valuation:   We are required by law to complete a valuation every three years based on the number of employees.   This valuation should have been done last year.   We do not have an estimate yet on the cost of this valuation nor do we have funds allocated for it.   The Town Administrator wants approval of a reserve fund transfer and will forward it to the Finance Committee.

The Town Treasurer and Town Accountant have been discussing setting up a state-mandated trust fund so that we will have money to pay future liabilities.  We pay 50% of every retiree’s benefits.  Some day it would be possible to pay out of that trust fund.  Jim Wood asked if we would put X number of dollars into it each year.  Marty said yes, each year we would put some money in so that some day you are taking money out of that fund to pay for retirees.

Matt Mecum made a motion to transfer $5,000 from the general fund.  Jim Wood seconded the motion; voted all in favor.

Police Union Negotiations:  Sergeant Thomas, President of the Police Union, said the only date they have available for discussions is Monday, March 11.   Marty told him to schedule that date tentatively.  In the past the Board has appointed a point person to enter into discussions.   Jim Wood said he would do it.

Local Option Meals Tax:  The TA attached information from the Department of Revenue giving their estimate of the amount of money Boylston would have received in meals tax since FY2012 had the Town adopted a meals tax.   The TA does not advocate the Board take any action on this, it is just for information.

Ken Sydow said that, having been on a couple of boards, it was the feeling that the dollar amounts were low and the negative impact was high, so the meals tax was not adopted.  Jim Wood said he definitely would not be in favor of it; Matt Mecum agreed.

Personnel By-law:  The proposed by-law has been reviewed and redrafted by Kim Rozak of Mirick O’Connell.  If it is to be on the warrant for the Town Meeting the Board has to take action soon.

Sick, Personal and Vacation Time:   We have begun gathering information on sick, personal and vacation time balances of employees so that it can be tracked on their pay stubs.  More information will be available later.

Financial Reports:  The Town Accountant has provided reports showing (1) the balance in the General Fund and (2) all Town fund balances.   Some balances are rather significant, e.g., gifts to the cemetery or the library.  There is a caveat:  determining the intention of the person who gave the gift – we have had no luck in finding out much information.  There is about $170K in the cemetery account we could possibly use toward maintenance and repairs at the cemetery.

MassGIS Workshop:  The TA attended a workshop in Lowell on February 26.  The workshop was to showcase the new MuniMapper program the state is starting for communities.  This is a free program; however, there would be continued upkeep each year for information updates.   CMRPC would do that.  Ken said we already got the GIS for no money.     Nancy Puff initiated it with Tighe& Bond; they have improved on it since then.

Annual Town Meeting Warrant:  The Warrant closed on Monday, March 11, 2013 at 12:00 Noon.   The Board will review the submitted Articles on March 18.  Copies of Articles received to this date have been given to the Board by Lori.

iPad Purchases for Board of Selectmen:   Lori and the TA have discussed the possibility of purchasing iPads for members of the Board to reduce the cost of preparing and maintaining documents supplied to the Board.   The Board members would also be able to maintain a file of all the documents they receive.  The estimated cost for this would be approximately $2K and it is possible the money can be found in the current budget.
Ken said he knew many Boards are doing this and he thinks it is the right direction to take but not right now.

Snow and Ice Account:  There is a request from the Highway Superintendent to overspend the snow and ice budget as it is pretty well depleted.  Ken said you can’t reduce the budget from year to year.   It is a pretty standard thing to do for sand and snow – not for everything.

Jim Wood made a motion to permit the Snow and Ice Account to be overspent.  Matt Mecum seconded the motion; voted all in favor.

Light Department Bond:  The Town Administrator said there would be a conference call with Moody’s regarding the Light Company bond of $1.8M.  He should have some information by March 18.

Sexual Harassment Policy:  The TA would like the Board to adopt the Prevention of Sexual Harassment Policy.   They decided to review at a future meeting.

Hillside Easter Egg Hunt:  Dara Uva of the Friends of the Library Board has submitted a request to hold their annual Easter Egg Hunt on March 29, 2013 at 3:00 PM on the soccer field since the Library will be closed due to renovations.

Matt Mecum made a motion that the request of the Friends of the Library Board to hold their Easter Egg Hunt on the soccer field be granted.  Jim Wood seconded the motion; voted al in favor.

Vacation Request:  The Town Administrator requested he be allowed to take April 4, 5, 8 and 9 as vacation days.   All Board members approved the request.

Library Renovation Project:  Library Trustees appeared before the Board and stated they had voted to recommend approval of the low bidder.  They knew there was some discussion by the TA with the contractor who has since withdrawn his bid.  Ken Sydow said he knew they were looking at the next lowest bid and were looking for funds to make up the difference.
        (1)  Initially voted to accept the low bid.  The TA said the low bidder withdrew via email.   That bond money will be used to make up some of the funds.
        (2)  They also voted to accept the second lowest bidder and they have funds up to an additional $20K.  This will be okay as long as they are allowed to keep the $7,500 bond money.   An additional $27,230 is required.   Ken asked if this required a vote.   Town Counsel said it did.

Jim Wood made a motion to support the Library’s recommendation subject to approval by Town Counsel.  Matt Mecum seconded the motion; voted all in favor.

6:30 PM Finance Committee:   The entire Finance Committee, led by Chairman Eric Brose, appeared before the Board.

Eric stated that tonight they intended to review the Selectmen’s  and town budgets; however, three members of the Regional School Committee are at the meeting. The Town Administrator said there was a little confusion about who had to be at the meeting tonight. The Finance Committee is not prepared to discuss the school budgets.  

Superintendent Nadine Ekstrom (present) said they created a “worst case” scenario budget.   Some elementary school teachers have taken their recertification tests to qualify for teaching middle school at Tahanto.
Ken Sydow said that in addition to the school side of the budget, the elementary teachers are Town employees and their benefits are paid for by the Town.  Health insurance went up 1.9% on average across the state but we came in better because of low utilization, making it possible to reduce the figure by $50K.  Supt. Ekstrom was asked how many teachers are being affected; she said five teachers and two para-professionals.  If they transfer to Tahanto, they would need to apply and be hired by Berlin-Boylston Regional.  Additionally, one kindergarten teacher is being eliminated at the Elementary School.

Regarding the increased computer maintenance line item, Mr. Mcnamara said we are considering GIS and E-permitting.   These things will require better computers and software programs.  We received a $115K grant to purchase the GIS system and install it.  We have no contract at this time with the IT service provider.  We are being charged by the hour.  Matt Mecum said we need to look Town-wide concerning those services.  Get pricing on multiple computers.   Dave Butler said there is no replacement policy now.  If you have a lot to do at once, do a free cash article.  Matt Mecum suggested saving up computer issues and have someone come in for a day.  It was suggested that we isolate amounts of money we spend on computers, GIS, etc.  Handle it as a one-time thing and get money from free cash.  Maintenance would be another thing.  If money is not spent, it goes back into free cash.  Ken Sydow said if we could combine the maintenance of all Town computers, he believes there is a potential to save money.   Matt said someone could come in and do a Town-wide audit.  The TA estimates $4K/year for IT services.  Matt suggested a cycle of computers being updated every two to three years.  Ken said the Assessors’ equipment, including their servers, are of primary importance at this time.

The Board questioned why so much money is being allocated to Hillside.  The TA said paint and new windows are needed at the Police Department building.  The Municipal Office Building needs paint; there are holes in the eaves; a basic upgrade is needed.   This comes out of the revolving account.  It was $230K and it is now $218K.

There are presently no salary increases in the budget.  Ken Sydow said we want to do what we can and what is in line with the economy.    The TA said the police contract expires this year and we will begin negotiations Monday, March 11.   There is also nothing in the budget for that.  

The TA said the warrant needs to go to the printer the first week in April.   The Selectmen will meet March 18 with the possibility of a meeting between now and then.   The Finance Committee will meet with the Board on March 11 and the school committee can be present.   Ken said the Board would start on March 11 doing things that affect the Town; if the Finance Committee thinks they would be ready for the school at the same time, it would be okay.  Tuesday, March 26, is suggested for a public hearing.  Eric Brose said at 7:00 PM on March 11 they would do Town things and at 8:00 PM they would do the school.

Senator Harriette Chandler and Representative Harold Naughton will address the Board on March 18 regarding the state budget.  The TA said he knows neither has an appetite for the Governor’s proposals.  Ken Sydow said our representative is also working on some things for the school department.  Berlin gets money from the state for their elementary school but we do not because we are too close to an urban area.  We are shortchanged and below the norm.

Senator Chandler will be holding office hours from 6:00 PM to 7:00 PM and Representative Naughton will hold office hours from 5:30 to 6:30 PM, prior to the Selectmen’s meeting.

At 6:50 the meeting adjourned for a brief recess.  Ken Sydow left the meeting.

Margo Richardson re: PILOT:
Matt Mecum said we have been working with Town Counsel to put in place a policy whereby we can request non-profits to accept the PILOT program.   Town Counsel said that request should originate with the Selectmen.  Town Counsel was asked for his opinion on whether it would be a percentage of what the annual taxes would be.  Margo said that previously we only had the value of the buildings and because buildings are exempt we could not put that information on the tax bills.  Matt suggested sending a letter to every non-profit to the effect “…we respectfully request that you contribute X dollars for Town services”.  Margo said to be careful in the wording of any letter because one community wrote a letter and received back a check for $5,000 and a letter stating “this is it.  No more.”   The wording should be more specific; it should be a yearly percentage.   The TA feels it should be negotiated between the Town and the entity.  Possibly contribute 20% the first year, 25% the next year, 30%, etc.

Margo said we do not get anything from the jail as it is just land.  Jim asked if the only money we presently get is from the DCR and the Electric Company?   A letter from 1987 from the DOIR states that buildings are exempt along with the land under them.  The TA said there are questions as to the uses of the exempt buildings.  He believes they have an educational exemption but certain buildings are not being used for educational purposes.    Discussion concerning unfair advantage of Tower Hill, for example, having a restaurant and gift shop; a business owner would feel that is unfair competition from an exempt entity.  Brian Falk said whether an organization should or should not pay is up to the Assessors to determine.  As a separate policy matter, asking an exempt entity for a contribution is a different matter.

Matt Mecum suggested getting a draft letter together and going from there.  Possibly the TA would like to meet with the director of Tower Hill.   Marty said a previously scheduled meeting with her was cancelled; he hopes to reschedule.  Police and Fire departments have to go to Tower Hill approximately 24 times each year.

Police Chief’s Recommendation for Patrolman position (replace Robert Thomas, now a Sergeant):  Chief Sahagian said 31 applicants were screened followed by background checks.   His number one candidate is Jim Conway, 23 years old.  Hi is a 2008 graduate of Assabet in welding and metal fabrication.    He attended Bridgewater State full time and received a Bachelor of Arts degree in criminal justice.   He has been working at the West Boylston Police Department.  The Chief requests the Board of Selectmen appoint Jim Conway, pending physical and drug testing, as a Patrolman with the Boylston Police Department.   

Matthew Mecum made a motion to appoint Jim Conway as Boylston’s newest patrolman.  Jim Wood seconded the motion.  Voted Matt Mecum:  Yes; Jim Wood:  Yes.  Ken Sydow was not present.

Jim Wood and Matt Mecum of the Board then met briefly with Mr. Conway to congratulate him.

At 7:40 PM a recess was declared.

8:03 PM HEARING:  License to Sell Beer and Wine, Boylston House of Pizza:
Katrina Eliadis and her father of Boylston House of Pizza appeared before the Board requesting a license to sell beer and wine.   Ms. Eliadis stated the liquor would be kept in a refrigerator behind the counter and customers would not be able to help themselves.  She plans on getting a scanner to make sure licenses are valid.  The shop opens at 11:00 AM and closes at 9:00 PM Monday through Wednesday and 10:00 PM Thursday through Saturday.  They are closed on Sunday.   The TA told them that if they were to open on Sundays, they would have to come back to apply for permission to sell on Sundays.   Mr. Eliadis suggested they put in sales on Sundays now so that they would not have to come back.  Matt Mecum said to Mr. Eliadis that he spoke with the Police Chief.    Mr. Eliadis said the Chief said “good luck.”  Matt asked what was the largest amount people would be able to purchase at one time.   No clear answer was given although Ms. Eliadis stated people like to get a beer to go with a slice or two.

Matthew Mecum made a motion to approve the application by Boylston House of Pizza for a beer and wine license.  Jim Wood seconded the motion; voted Jim Wood:  Yes; Matt Mecum:  Yes.  Ken Sydow not present.

The application was signed by Matt Mecum and Jim Wood.  The TA said the application has to go to the ABCC.  Jim Wood said the Board would draw up an agreement and send it to Ms. Eliadis.

At 8:10 PM on a motion made by Selectman Matthew Mecum and seconded by James Wood, the following roll call vote was recorded to go into Executive Session under MGL c. 30A §21 ¶3 to prepare for negotiations with union personnel.  Voted James Wood:  Yes; Matthew Mecum:  Yes.  Kenneth Sydow not present.  The Board agreed they wuld reconvene only to adjourn.

At 8:17 PM Jim Wood made a motion, seconded by Matt Mecum, to adjourn.  Voted:  Jim Wood:  Yes; Matt Mecum:  Yes.  Ken Sydow not present.

The meeting was adjourned at 8:17 PM.

Respectfully submitted,

Rose Bardsley, Clerk