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Board of Selectmen Minutes 08/12/2013
Date of Meeting:        Monday, August 12,  2013
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM –  9:26 PM
Members Present:        Chairman James Wood, Matthew Mecum; Michael May; Martin McNamara,  Town Administrator, Brian Falk, Town Counsel; Lori Esposito, Administrative Assistant  (Others as listed on attached sheet.)

The meeting commenced at 6:30 PM.

Matt Mecum made a motion to approve the meeting minutes of March 11, 18, April 10, 16 and 29.  Jim Wood seconded the motion, voted all in favor (Wood and Mecum).  The minutes of May 6 and 14 will be held until the next meeting of the Board.

Report of the Town Administrator to the Board of Selectmen:

Use of Town Counsel Services:    The TA sent a memorandum to all department heads and committee chairpersons informing them that Selectmen had voted, in an effort to conserve money, to initiate a policy whereby departments and committees are required to request permission to contact Town Counsel.
Letter to New Businesses:  The TA presented to the Board a draft letter which would be sent out to all new businesses.
Library Project:  The Library staff and volunteers have moved books from Town Hall back to the Library.  The Library will be closed this week and will reopen next week (August 19).  The changes to the Library look very nice and access to the building will be much easier.
Town House Septic System:   The contractor is scheduled to begin work this week; it is anticipated it will be ongoing for several weeks.
Chapter 90 Road Bids:  Bids for this project were due on August 14 but an Addendum was put out today, delaying the bid opening to August 19.  On Tuesday Steve Mero will notify all potential bidders. We plan to pave Ethan Allen Drive and Glazier and Stockton Streets.  Governor has released another $50K, for a total of $206,851 in funding for Fiscal 2014.  With the $139K remaining from last year, the total available funds are $345K.  The estimated cost of this year’s scheduled projects is $272K (believed to be on the high side), leaving a balance of approximately $73K.  It is still hoped the Governor will release the remaining $100M that was approved by the legislature, which would give us an additional $100K.  Our thinking is that it might be somewhat late in the year to begin a new round of bidding and that it would be best to hold off until spring.
Additional road work is planned, including some overlay paving on one or two small roads utilizing our Highway Department crew and a rented paver.  Funding would come from the road maintenance account in the Highway budget.  The two roads under consideration are Stark Terrace and Main Street Circle.
599 Main Street Paving:   Bids are due on August 14 for repaving the parking area and entrance at 599 Main Street.  The Highway Department has cleared out the area behind the Town House and they have been able to get rid of old materials that were stored there and gain some much needed space.  In conjunction with this project there are two very old trailers stored there which are of no use to the Town and believed to have no value.  It is proposed that they be offered to the residents at no charge and advertised on the notice board and the Town website.

Motion was made by Matt Mecum to declare two trailers from the Highway Department as surplus with a zero property value.  Mike May seconded the motion; voted all in favor.

Scrap Surplus:  There are several items of equipment in various locations that should be deemed to be salvage:  two chiller units; one air handling unit; one condensing unit.  Also some old signage and some old mower parts which do not fit any current equipment.  Their only value is that of scrap and the TA requests the Board deem it all to be surplus and allow us to dispose of it.  The TA attached a copy of the “Surplus Property Police and Notice” to his report.

Motion was made by Mike May to recognize items as scrap, to be disposed of as the Town Administrator sees fit, per policy.  Matt Mecum seconded the motion; voted all in favor

Burkhardt Memorial Plaque:   The Board approved placement of a memorial plaque at the intersection of Sewall and Mill Streets in honor of Airman Jay Burkhardt, Jr.   There would also be a street sign designating Burkhardt Square.  The recommendation is not to have a bronze sign, which might be stolen.

Matt Mecum made a motion to spend $450 for a bronze plaque.  Mike May seconded the motion; voted all in favor.

Interim Town Accountant:  The Interim Town Accountant is in the hospital and will not be able to work for one to two weeks.  The TA contacted our previous Town Accountant, Nancy Nykiel, who graciously consented to assist us with the next week’s warrant and invoices.

Mike May suggested the letters to new businesses by signed by the Board of Selectmen and not the Town Administrator.

Report of the Highway Superintendent to the Board of Selectmen (6:50 PM):`
  • Weekly mowing is being done at the center of town, Manor Park, the soccer fields, the football field, the entrance to the Municipal Office Building and the school.
  • Completed drainage along the MOB driveway.
  • Roadside mowing of the Town is two-thirds completed.  
  • Working on a couple of road projects to be done by the Highway Dept:  Stark Terrace and Main Street Circle.  These roads are too rough to plow, so they will do overlay for now, as repaving is not in the budget.
  • The Highway Dept. has cleaned up 599 Main Street in preparation for septic system work and paving; the Department has submitted a little over $2K over the past two weeks, bringing several loads of scrap.
  • Summer help is coming to an end; they would like to work Saturdays doing some cemetery maintenance.  Matt Mecum asked if, when the jobs were posted, they indicated a certain ending date.  The TA said he did not think so, that it was advertised as part-time help.  The Saturday work is okay with the three Board members as long as there is no conflict.
The guard rail at the School Street culvert was replaced following an accident last month.
Steve Mero and Ryan, the Foreman, will go over leaf dump paperwork for submission to the DEP.
All STOP lines in Town have been repainted and the extra intersection island lines requested by the Police Department at Central and Cross Streets seem to have made an improvement.  The Highway Department will work on a solution for the intersection of School and Temple Streets.
The new pickup truck was delivered and the dump truck should be delivered in the next two weeks.

Mike May inquired, regarding the leaf dump, if there is any plan to add fencing to protect debris/leaves from blowing and also for aesthetics.  Steve Mero said there has been no discussion yet; they are waiting to see what the DEP recommends.

Mike also said the speed limit signs at Cross and Central Streets are an impediment for viewing and might need to be pushed back about 50 feet on the Central Street side since the sign is at eye level and it obscures the roadway.

F’2014 Cultural Council Appointments:   Motion was made by Mike May, seconded by Matt Mecum and voted all in favor to approve appointment of the following to the Cultural Council for the terms indicated:

        Erin O’Toole, three years
        Janet Sargood, two years
        Alice Hughes, three years

Fire Department Muster Team:

  • Fire Chief Joe Flanagan and the Muster Team were present.  Joe announced that the Muster Team took first place in the 2013 Wachusett Muster League Muster held in Bolton.  The league is comprised of teams from Berlin, Bolton, Boylston, Harvard, Holden, Princeton, Sterling and West Boylston.  They have taken first place in nine of the past 15 years.  The Board congratulated the team on their wins.
Report of the Fire Chief to the Board of Selectmen (7:00 PM):
  • In an effort to fill voids in weekend shifts, Deputy Chief Matt Ronn has a connection with the WPI EMS Squad.  He is working to see if the students would fill vacant shifts.  They have worked with other communities to staff stations providing EMS coverage in exchange for a quiet place to study.  There is usually no charge for services and would be an inexpensive way to cover open shifts.  Mike May inquired about liability waivers. Joe said we will see about their interest in doing this and then discuss details.
  • The Department supplied an engine and five firefighters for a detail at Mt. Pleasant Country Club on the Fourth of July weekend for a fireworks display put on by the Club.
  • The Boylston Firefighters Association sponsored the Straw Hollow Engine Show last weekend at Pine Ridge Farm.  They sold lunch and dinner and the event was very well attended and successful.
  • The Department will again host the Ninth Annual MidState Fire Mutual Aid Association Safety and Survival Seminar on Thursday, November 14 at Cyprian Keyes.  Approximately 150-200 firefighters from the area will attend and this year retired Deputy Chief Vincent Dunne of the New York Fire Department is going to speak on building construction and collapse.  He is an expert in the field of building collapse and will be sharing his expertise with the group.
  • Paperwork has been submitted to FEMA for costs incurred during the February blizzard.  Expenses in the amount of $26,012.59 for the Fire and Highway Departments have been filed.
  • MEMA has approved us for a $2,030 FFY 2012 EMPG grant to be used for the purchase of portable generator/lights.  We received $11,048.93 from Central Region Homeland Security that was used for the purchase of equipment for the Fire, Police and Highway Departments.
  • The CodeRED emergency notification system should be live within the next week.  Residents can enter phone numbers and email addresses into the data base that will be used for emergency calls.  A test call will go out to the community within the next week.
61 Temple Street Road Opening Hearing:
The Town Administrator was given a road opening application by Steve Mero tonight, and he asked the Board to approve it.  NStar will be opening the road to tie the resident into a gas line for conversion to gas service.  The application was mailed to the Highway Dept. directly on July 23rd.  After some discussion, it was pointed out that the Board has a Road Opening Policy which needs to be followed.  Additionally, Counsel Brian Falk indicated that although the policy does allow for the Board to waive any and all requirements, this topic was not posted on the meeting agenda.  To avoid any violation of the Open Meeting Law, Attorney Falk recommends the Board defer to their next meeting after it is properly posted.  The Board advised the resident (Brian Kelley, who was present) to have NStar complete the process according to the Board’s policy and application, which was given to him by Lori Esposito.  


Report of the Building Inspector and the Plumbing/Gas Inspector:
Eric Johnson proposed a new fee format.  Plumbing prices are unchanged; the new format assists with clarity.  Also, funds are down dramatically compared to previous years.  Ideally, this should be level-funding the inspection services, and not be profitable.  Prices last year were lowered too much.  Mike May asked the average cost of a permit for a new house.  Eric said the average is 13 fixtures, or $126.  Mike did not know whether it would be appropriate to arbitrarily raise prices without knowing the cost and expense.  He asked Marty McNamara if he analyzed the effect of this.  Marty said this new fee schedule should cover the cost of Eric’s salary.  Mike said we should re-assess it at the end of the year.  Eric said it is in line with surrounding towns.

Mike May made a motion to accept the new proposed Gas and Plumbing fees, effective September 1, 2013.  Matt Mecum seconded the motion; voted all in favor.

Tony Zahariadis, the Building Inspector, said five new homes have been built since July 1.

Tony has received complaint regarding the permit for a neighbor’s above-ground pool.  The location is a corner lot with two frontages. So that the side of his house faces the front of the neighbor’s house.  This is currently under construction; no bylaws have been violated.
  • The above-ground pool installed is designed to be put into the ground with a height of 26”.
  • Jim Wood said this is a huge safety issue.
  • Tony said it is the homeowner’s liability issue.
  • Mike said when the water went in a fence should have been put up around the pool.  They should have at least a temporary fence; if not he has an issue.
  • Tony said a person with a child in the area came in to fill out a complaint form.  Tony visited the pool owner and informed him what his liability is and what he should do.  The pool owner came in again tonight to discuss the matter with Tony.
  • Jim said the Board asks Tony to do what he needs to do and the Board will support him.
  • Mike said it sound like he’s in a protracted process but he should put up a temporary fence.
  • Tony said the owner indicated he would do a temporary fence when he spoke with him tonight.
Matt Mecum said last month he received phone calls in support of Tony’s work and indicating the Board was seemingly out to get him.   Mike May said particular calls were received about his availability to the public; he stirred up the question, but it had nothing to do with his performance.  To be clear, Mike feels Tony does an excellent job.  Tony said that if they listen to what contractors say about him, he is doomed.   The Board reiterated that Tony is doing a great job.

Board of Assessors:  (Present:  Margo Richardson and Paul O’Connor)
Marty McNamara said that, back in May, the annual election had a vacancy for an Assessor and Margo had write-in votes.  Town Counsel’s opinion was sought regarding the question of whether it was a conflict for Margo to serve on the Board while also serving as an Assistant to the Assessors.  The Bylaw calls for the appointment to fill a vacancy be jointly made by the Board of Selectmen and the Board of Assessors.

It is Town Counsel’s opinion that a conflict exists due to State law.  No one person can collect two salaries from one employer or work in two positions in the same department.  The Board could seek a waiver from the Ethics Commission, since currently there are only two members on the Board of Assessors.  Attorney Brian Falk said the Board of Selectmen would first have to designate the entire Board of Assessors as Special Employees if they choose to appoint Margo.

Margo said she doesn’t want to collect a salary for serving on the Board.  When previously serving on the Board of Assessors, and also in the office, she did not take a Board of Assessors stipend.  She is currently interested because the Board has a new member without knowledge of all the laws, procedures, documentation, etc.  They cannot make a decision without the Board having at least two functioning members.   In the past, Margo was able to work in both positions.  The reason the bylaw changed is we had a clerk in the office and an administrative assistant (Margo).  That clerk worked daily but on Monday nights serving as a Board member, he would be making judgments that could affect the administrative assistant.  Town meeting vote changed the bylaw and eliminated the possibility of working in both positions.  
Paul said there are no volunteers to serve; Margo is a willing candidate and is very knowledgeable.  Matt Mecum said no one is doubting Margo’s years of experience; his concern is approaching to the Ethics Commission for a waiver. Attorney Falk said that if Margo wanted to serve without violating the conflict of interest law, he would contact the Ethics Commission immediately to see if they would endorse this based on an opinion of facts.  Assuming they are okay with this approach, the Board of Assessors must be designated as Special Municipal Employees.  If and when Margo is seeking reappointment to her current position of Administrative Assistant, it would require a Town Meeting vote.  Matt asked what the current term for Margo’s position is.  Paul and Margo are unsure.

Mike May said this is not a reflection on Margo’s performance or knowledge.  As a professional, we cannot have someone on the Board who is making decisions regarding an employee of their own Board.  It seems the simplest way to solve this is to go to the Ethics Commission for a ruling and then run again next May in the Town election.  Even if a waiver is received, he would struggle with it and doesn’t feel it’s the professional thing to do.  

Margo said she would like to go to the Ethics Commission on her own to see where they stand.  She does not want it to cost the Town anything.  Attorney Falk said its Margo’s responsibility to bear and resolve the conflict of interest.  The Board of Selectmen would still have to designate special employee status and apply for a waiver.  Jim Wood said that, since the Town voted against it years ago, it would be tough for him to vote against that decision.  The Selectmen can continue this discussion and decide what the Board wants to do regardless of what the Ethics Commission decides.

Margo said she feels it should be on the May warrant regardless; feels that would be fair.  Mike said he would be hard pressed to support a waiver.  However, it’s Margo’s risk and decision to approach the Ethics Commission.  

Margo thanked Brian Falk and Stephen Madaus for their assistance in a recent matter that took a lot of her time and a decision that she could not make.  They worked quickly and professionally to allow closure.

Conservation Commission:  Joe McGrath appeared before the Board.  The Sudbury Valley Trustees directors Christa Collins and Ashley Davies were present.
Mr. McGrath gave an update on the Tri-Town Landscape Protection Partnership.  This is a seven square mile project area.  This is a 50/50 match grant for protection of 500 or more acres of contiguous land for conservation land.  Most designated parcels are privately owned.  The largest in Boylston is in the East Woods area, which is tax title land.  Would the Board be interested in designating those lots to be included in the care and control of the Conservation Commission?
Mr. McGrath pointed out the benefits:
  • It removes liability under Chapter 21 §17C for any recreational use;
  • It would bring in revenue from outside citizens;
  • CMRPC maps determine that its best use is conservation;
  • Only one has frontage; selling would be difficult.
He said several lots are part of old landfill.   There would be no cost to the Town; Sudbury Valley Trustees would perform a survey; also Conservation Commission funds would support legal fees, etc., for no financial burden to the Town.   

Jim Wood asked if 500 acres are achieved, then what?  Ashley said this would be rural aspect preservation for future generations.   Jim asked if this would take the land off the tax rolls for good.  Joe McGrath said it would unless there were a process to remove it from the Conservation Commission to take the restriction off.

Mike May asked them to define the use proposed, their vision and the benefit to the Town.  What do we get out of it; we already have a lot of restricted DCR land with no benefit to the Town’s residents.  Joe said this is not land the DCR would be interested in.  Northborough land converted to open space with trails is also used by Boylston residents.  We currently don’t have any Town-owned land where we can create recreational areas.  This gives our first contiguous block of conservation land that can be developed for residents’ benefits.   No five-year plan is currently in place but they would like to create a series of trails with the help of Berlin and Northborough.

Jim asked what use restrictions there would be.  Ashley said it depends on how the land is adopted.  Any acquired properties are required to supply public access if feasible.  Jim asked if four-wheelers and motorcycles would be restricted.  Christie said no motorized vehicles are allowed, based on Article 97.  Mike asked if any Town-owned agricultural land is involved.  Christie said it is not; there is a parcel but it is not Town-owned.  When asked who would run this, SVT or the Town.  Christie said the Town could, if it is put in care of the Conservation Commission.

Joe McGrath noted Article 97 says the Town will set aside parcels for conservation use, with the Conservation Commission as steward of the land.  Special ConCom funds would be allocated for maintenance and monitoring.   The conservation restriction is a formal process that would involve third party, such as SVT, be responsible.  Mike said that, if we are not getting the tax base, why not shift ownership and liability to SVT while the Town has input into the use of parcels, such as benefit to residents as part of consideration.  Jim said he would like to see information in writing regarding Chapter 97 and review the properties for the potential of purchase and possible tax revenue.  Matt said he would like to see in writing the Conservation Commission’s vision/direction for the use of the land if deeded.  How will residents be assured of use?

Marty asked if the Board voted a Conservation restriction and deeded the land to the Conservation Commission, could it be reversed years down the road?  Christie said it would require a two-thirds vote of the Legislature, along with the offer of equivalent land elsewhere in Town.

Laurie Levy (present, in audience): Regarding the grant, does the Town need to sign to agree to abide by certain restrictions?  Joe said “no,” that would be more of a Commonwealth Grant Program.  Laurie said the Town might be interested in seeing the terms of the grant.  Joe said the grant program doesn’t affect Town-owned parcels, only privately-owned parcels for purchase.  Joe would like to be able to prepare a letter that we will be moving to the next step; that we are okay with going ahead and exploring the grant and might like to participate in it.  

The Board asked Mr. McGrath to draft a letter of support for the next Selectmen’s Meeting.

8:42 PM Struck Catering:   Struck Catering has requested a one-day beer/wine license for catering the Gough House fundraiser.

Matt Mecum made a motion to approve a one-day beer and wine license for Struck Catering.  Mike May seconded the motion; voted all in favor.

School Committee/Inter Municipal Agreements (IMAs):  Larry Brenner, Boylston School Committee Chair and Angela Yildiz, Berlin School Committee Chair appeared before the Board and presented an overview of terms and a sample of the IMA.  For the upcoming school year, they presented a proposal for two positions to see how it goes:
  • Elementary Music Teacher
  • Board Certified Behavioral Analyst (BCBA)
The Berlin Board of Selectmen have voted to support pursuing IMAs.  If Boylston supports, then, the School Department attorney will draft IMAs.

Mike May asked about administrative oversight and who exercises control over the teacher on the IMA.  What Town’s policies are they accountable to?  Both or a single? Larry said it would fall under the school at which they were working prior to the IMA.  There would be no change in the pay scale, responsibilities, etc.  The terms of the agreement would note any issues, other than the Town not being able to be pulled in.  Mike asked what would happen if one of the towns wanted to terminate?  Larry said the terminology can be spelled out in the IMA. He is not sure the questions has been raised before. This would be a one-year trial for the two positions.  They are asking for a vote to support the general terms, not a commitment to sign the contract unless all terms are agreeable.  Larry said the intent is to review it on an annual basis; the agreement would be renewed annually.

Mike May made a motion to accept the proposal to consider a one-year IMA for two positions:  one for Elementary Music Teacher and BCBA.  Matt Mecum seconded the motion; voted all in favor.

Planning Board re:  Town Counsel Use Policy:
Mike May said he was at the Planning Board meeting last week when the issue of the change in policy regarding use of legal counsel was discussed.  He said he encouraged them to come in to speak to the issue.  Jim Wood said that, years ago, the Planning Board had their own legal budget.  Richard said a $10K line item was used; they secured separate counsel.   This was removed but they were told to use Counsel at will.   They need clarification for emails.

Marty said this is not a new policy; it was established years ago.  This past year we were over budget and he and the Board discussed the use of Counsel.  The biggest issue is unknown use and Marty signing the invoice.  He would like to know ahead of time for major use. Rick said he just wanted clarification.  Some billings could be charged back to applicants.  Brian Falk said under Chapter 44 §53G would be covered.

Laurie Levy said clarification might be just to cc Marty.  She asked the Board how they would like to handle it.  Jim said he would like to give the Planning Board their own kitty to spend as needed.  Bill said they could use this year’s budget to get a sample.  A brief discussion was held regarding how to handle upcoming legal needs.  They cannot consider a separate line item until next year’s budget.

Yard Sale:    Request for a Yard Sale at Hillside on August 31, 2013 between the hours of 8:30 AM and 1:30 PM has been made by the Hillside Restoration Project.

Matt Mecum made a motion to approve the request of the Hillside Restoration Project for a yard sale on August 31, 2013 and to waive the license fee.  Mike May seconded the motion; voted all in favor.

Future Agenda Items:
  • The Board should have a joint meeting with West Boylston Selectmen to discuss ideas.
  • Jim met with Kathy Abbott at Tower Hill and discussed various topics, including the PILOT.
Draft Meeting Schedule:  Change September 30 meeting to September 23.  

Additional Meeting:  Monday, August 26, 2013, at 8:30 AM

At 9:26 PM Matt Mecum made a motion to adjourn.  Mike May seconded the motion; voted all in favot.


The meeting was adjourned at 9:26 PM.

Respectfully Submitted,

Lori Esposito, Administrative Assistant