Date of Meeting: Monday, September 9, 2013
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 8:00 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.)
No financial warrants to be signed.
The meeting commenced at 6:30 PM.
Meeting Minutes
Matt Mecum made a motion to approve the meeting minutes of May 6, 2013. Jim Wood seconded the motion; voted all in favor (by James Wood and Matt Mecum).
Mike May made a motion to approve the meeting minutes of May 14. Matt Mecum seconded the motion; voted all in favor.
Matt Mecum made a motion to approve the meeting minutes of June 28, 2013. Mike May seconded the motion; voted all in favor.
Report of the Town Administrator to the Board of Selectmen:
Chapter 90 Paving Contract: Mass. Broken Stone was the low bidder at $268,277.50 and has forwarded a signed contract to perform the work. The TA recommends the Board accept this bid and execute the contract.
Matt Mecum made a motion to approve the Chair signing the contract with Mass Broken Stone to perform the paving work for $268,277.50. Mike May seconded the motion; voted all in favor.
Accounting Services: Scanlon & Associates submitted the winning proposal for accounting services for the Town and has signed a contract providing for $32,000 for FY’14; $32,500 for FY’15 and $33,000 for FY’l6. The TA recommends the Board approve and sign the contract.
Mike May made a motion to approve and sign the contract with Scanlon & Associates to perform accounting services for the Town. Jim Wood seconded the motion; voted all in favor.
599 Main Street Septic System: The contractor has still not started on the project; the deadline for completion of the job is September 20, 2013. Also, the paving bids are scheduled to be opened on September 16; ideally, paving would be done after everything is settled. The septic contractor, Tetrault and Sons, pulled an application and received a permit from the Board of Health. If the contractor is in breach of the contract, we could hold his bond ($3,500) and go to the second bidder, which was $20K higher. This would further delay us. Marty McNamara recommended the Board instruct Town Counsel to call the contractor for follow up with a letter to let them know our position.
- Mike May asked the TA what the award date was (around August 15). He asked if the second low bidder was below our budgeted amount and Marty said it was. Mike May recommended we call in the bond and have Town Counsel pursue the matter and then move on to the second bidder. Jim Wood agreed with Mike May.
- Matt Mecum said the contract needs to be executed five days after the bid is awarded; but how realistic would it be for us to bring in the second bidder? The TA said it’s possible the second bidder would not be available within five days.
- Mike May feels the performance bond needs to be acted on and we need to go to the next low bidder. These delays will only get worse once the first contractor gets on the job. Matt asked if there is anything in writing about attempts to contact Tetrault & Sons.
- Brian Falk suggests the Board give it two more days to allow Town Counsel to contact the contractor and get a response. The TA agrees with Brian: if we can get them here in two days, we would have a better chance of getting the job done sooner.
- Mike May said he is concerned about the contractor’s track record. Once the contractor is on site, he is concerned the job still won’t be done timely.
- Lori asked if the contract deadline date needs to be changed. The TA said the Board of Health agent agreed he was willing to extend the deadline a few days. Mike May asked if it is reasonable to ask the second bidder, Riccciardi Bros (who will be in tonight), if he is available. Brian Falk said he would not recommend discussing that tonight. We need to go through a process to notify the first bidder. Then the Board can instruct the TA to move on to the next bidder. The Board can also apply some period of time to reconcile with the low bidder before doing so.
- A brief discussion was held regarding the ups and downs of timing and going with the second bidder. Matt Mecum feels it is worth waiting two days.
Mike May made a motion to allow Town Counsel until Wednesday, September 11, at 5:00 PM to resolve the matter. Absent meaningful construction on the site by that time (digging), the Board will go forward with the bond and approach the second bidder. Jim Wood seconded the motion; voted all in favor.
599 Main Street Paving: Bids are due on September 16, 2013. Our plan at this time is to wait as long as possible after the septic system is completed before beginning the paving.
Tahanto Walking Trail: The TA has been in touch with Representative Naughton regarding the possibility of naming the walking trail behind Tahanto in honor of Jay Burkhardt. Sue Templeton indicated she would follow up on our request and get back to the TA as soon as possible.
Plaque for Jay Burkhardt: The plaque for the memorial has been ordered and is due in approximately four weeks. The Highway Superintendent located a piece of granite. When everything is ready, we will set an unveiling date.
Surplus Vehicles: The Highway Department has several pieces of equipment that it no longer needs and the Fire Department has an unused/unneeded tanker. The TA requests the Board’s thoughts on putting together a list of unused/unneeded vehicles and equipment to be deemed surplus and seeking sealed bids for their disposal.
61 East Temple Street Road Opening: There is an item on the agenda regarding a road opening application at 61 E Temple Street. Mr. Brian Kelly appeared before the board a few weeks ago for approval to have a gas line installed to his property. There was some discussion about the road opening policy and Mr. Kelly was instructed to contact N-Star to resolve the issue. We have learned that there has been as “alternate” procedure for road openings. Lori has found a permit application that was used in the past and faxed directly to the Highway Department and signed by the Superintendent. Because of the delay Mr. Kelly has faced with this project, Marty recommends that the board waive the requirements of the policy, and grant N-Star and Mr. Kelly permission to open the road
and install the gas service he is requesting. Going forward, because our policy is rather cumbersome, Lori has begun to draft a new somewhat less restrictive Road Opening Policy for the board to review and approve in the future.
Mike May made a motion to waive the existing policy and approve the application as presented for 61 East Temple Street.
Capital Planning Committee: The TA reported that the Town Bylaws require that the Town have a Capital Planning Committee to study and make recommendations on capital expenditures. There was such a committee some years ago but it seems to have disbanded. Over the next several years we will have to face a number of issues and such a committee could be very helpful in determining the direction of the Town. Some of those issues include a Highway Department facility; building repairs and renovations at the Municipal Office Building; Police and Fire buildings; a Senior Center, etc. The TA recommends the Board resurrect the Capital Planning Committee and begin soliciting residents to serve on a committee.
- Jim Wood asked how much is in that account. The TA said there are various accounts. Funds set aside for new Highway Dept. building: $150K; Stabilization Fund is $1.2M in Stabilization. There has been discussion since 2004 concerning building a new Highway barn to protect equipment, etc. We need to think about that as well as the Fire and Police Departments.
7:00 PM Report of the Building Inspector to the Board of Selectmen:
Tony Zaharaidis presented the permit statistics: 16 permits over the summer, including five new homes, with two more pending. More permits this year than last year to date.
- Mike May inquired about the house with the swimming pool. Tony said he drives past it every Monday; there is still a temporary fence in place.
- Mike asked about the clearing on Central Street. Is building going on? Tony said there is nothing that he knows of, just clearing. Mike’s concern is how steep the hill is and the runoff that will result.\
- Marty McNamara said he got a call from a resident who questioned the contractor. He said they are just doing logging right now, no building.
7:10 PM Report of the Police Chief to the Board of Selectmen:
- The Chief presented crime statistics for July and August.
- July 19: attended ticket hearings
July 21: the Chief worked a shift to save overtime
August 15: they received new uniforms for all personnel
- August 16: the Chief’s vehicle was damaged by battery acid as a result of an overturned forklift that fell off a trailer on Route 140.
August 17: the Chief worked a shift to save overtime
August 21: the Chief attended a crisis bullying meeting at Tahanto; he toured the facility
August 24: the Chief worked a shift to save overtime
August 28: school started; they had a heavy patrol for speeding; several verbals were issues.
August 29: the Chief attended ticket hearings
August 30 two officers attended firearms training with West Boylston. Remaining to complete on September 11.
August 30: Dan, the dispatcher, resigned; will be looking for on-call dispatcher.
Charged suspect in housebreaks. Used forensics; subject is from Sutton; the PD matched fingerprints; subject is currently under arrest.
September 5: four cars were broken into in Cyprian’s lot between 4:30 and 5:00. Purses, wallets, laptops were stolen.
Senior citizen reported her credit card was used to buy tires which were shipped to Arizona, connected to Muldonia, Romania; working with U. S. Consulate for credit card fraud.
The Chief asked the Board to set trick or treat hours for October 31 for 5:00 – 7:00 PM. Matt Mecum felt 5:00 PM was very early for a lot of people and suggested 5:30 PM.
Mike May made a motion to set 5:30 – 7:30 PM as trick or treat hours on Thursday, October 31, 2013. Matt Mecum seconded the motion; voted all in favor.
- Mike May asked the Chief about West Boylston/Holden regional dispatch discussions. Tony said we have looked at this several times and it would not be cost-efficient for our Town for various reasons (training, equipment, etc.). The net savings did not make sense. The most recent discussion was about a year and a half to two years with Worcester. Several concerns/issues went unanswered.
Chapter 61B Land – School Street: (First refusal waiver option.)
- Joe Duggan (buyer) was present with updated survey plan, showed the parcel he is interested in.
- Once recorded, back taxes will be billed.
- A brief discussion was held with Mr. Duggan.
Mike May made a motion to waive the First Right of Refusal for the property on School Street as recorded on the Assessors’ Map 9-19. Jim Wood seconded the motion; voted all in favor.
Business Marketing Committee Appointments:
Mike May made a motion to appoint Scott McCubrey (present) to the Business Marketing Committee through June 30, 2014. Jim Wood seconded the motion; voted all in favor.
Matt Mecum made a motion to appoint Jim Ricciardi to the Business Marketing Committee through
June 30k 2014. Mike May seconded the motion; voted all in favor.
School Department IMA Agreement: Larry Brenner present.
- School Department Attorney and Boylston Town Counsel are still reviewing the drafts. There are just a few points to be worked out. Brian Falke said there are two items remaining and Counsel recommends the Board authorize the Chair to sign the final agreement pending Town Counsel’s approval. It should be completed in the next couple of days.
Matt Mecum made a motion that the Chair sign the IMA Agreement. Mike May seconded the motion; voted all in favor.
Tri-Town Landscape Partnership Program (TTLP): (Joe McGrath appeared before the Board.)
A draft letter was presented signifying interest in the grant program; it doesn’t mean the land will be donated.
- Jim Wood said he would like to read additional information provided but doesn’t want to see any additional land not useable and taken off the tax rolls. Joe said the letter does not mandate participation or land, it just allows them to proceed with the grant. The State grant will cover any costs to convey the land to conservation restriction. The land remains the property of the Town.
- Mike asked if the Town maintains and retains liability. Joe said if the Town deeds the land to Sudbury Valley Trustees, it removes all liabilities and expense from the Town. In order to remove restrictions, would require an act of the Legislature.
- Mike asked if the bulk of the land is mostly wetlands, protected, watershed, etc.? Joe said it is principally land around the old landfill which cannot be used. This letter only allows the Town to proceed with the grant and approach landowners to inquire about their interest. The letter allows participation in the grant program.
- Mike said if a taxpayer sells, that land comes off the tax rolls. Joe said no; agricultural tax, reduced tax.
- Mike said of the parcels identified, if successful, what would be the economic tax impact to the Town. Joe said it would be neutral for Town-owned land; privately owned, he is unsure.
- Mike said he is supportive but is trying to address the fact the Town has a very big issue with non-taxable land that is also not useable or beneficial to the community. We need some in-kind benefit to residents.
- Matt feels there is a lot more to the discussion regarding end results of lot usage, accessibility to residents.
- Joe said we need to present plans, as well as show no future value for the land; also needs to go to the Town for a vote. We have at least a year of work to prepare these details. They might not be successful, but he wants to at least try.
- Mike asked if Joe supports the ability to participate in the grant program only and Joe said he does.
- Jim Wood said he wants to read the manual before signing the letter. Joe said the issue is that the grant needs to be filed prior to October 1. The next meeting of the Board is September 23. It does not leave ample time to prepare the balance of the grant work. He requests that the Board contact him with any questions.
Town Administrator’s Contract: Discussion continued to next meeting.
Martin McNamara said there are three contracts in Town; the others have nothing regarding goals, just a percentage raise. He would be amenable to having a flat percentage raise not tied to goals.
- Mike May said he would like to hammer this out with Marty in a working session; and bring it back to the Board.
Route 140 Update: Mike May distributed copies of a draft letter to go to Route 140 landowners along with an update.
At 8:00 PM Matt Mecum made a motion to adjourn. Mike May seconded the motion; voted all in favor.
The meeting was adjourned at 8:00 PM.
Respectfully Submitted,
Lori Esposito, Administrative Assistant
| 
