Date of Meeting: Monday, December 9, 2013
Location: Town Hall, 221 Main Street
Time: 6:00 PM – 9:30 PM
Members Present: Chairman James Wood, Matthew Mecum; Michael May; Steve Madaus, Town Counsel; Martin McNamara, Town Administrator, Lori Esposito, Administrative Assistant (Others as listed on attached sheet.)
The meeting was called to order at 6:00 PM.
Meeting Minutes:
Matt Mecum made a motion to approve the minutes of September 23, 2013 as presented. Mike May seconded the motion; voted all in favor.
Mike May made a motion to approve the minutes of October 4, 2013 as presented. Matt Mecum seconded the motion; voted all in favor.
Report of the Town Administrator to the Board of Selectmen:
FY’13 Audit: Dan Haynes of Scanlon & Associates has been performing our accounting services. It had been hoped that former Town Accountant, Nancy Nykiel, would be able to complete the close of FY’13, thereby enabling Dan’s firm to do the audit for FY’13 with no issues. That will not be possible, so Dan has brought in Melanson/Heath to complete our FY’13 audit at the price originally contracted for with Dan’s firm, thereby eliminating the appearance of impropriety with respect to the Town audit. This would have been the third year of a three-year contract with Scanlon for the audit. The TA suggests getting a proposal from Melanson for a three-year contract to give us a cost we can rely on when budgeting for the next three years. No RFP
is required for CPA services. Matt Mecum asked the TA to have Dan update the Board at a future meeting.
Tax Letters: Approximately 80 letters went out to property owners delinquent on their taxes. This is the third in a series of letters and the strongest letter yet. It indicates we will begin the tax-taking process if arrangements are not made to pay what is owed.
Mike May questioned $39M of Town-owned properties, saying he thought the list wasn’t available. The TA updated the list and recently distributed it to the Board. Titles still need to be secured on some properties. The list will be segregated and clear title confirmed against the Assessors’ records. Mike May asked if we should identify properties we would realize value from and then have Town Counsel or his firm do a tax-title search. Steve Madaus said the Treasurer/Collector should have a regular schedule for foreclosing tax-title property. There are some properties requiring vast title research, then validating tax liens, etc. This was started years ago but he is not sure where it was left with the previous TA. Mike May said it would be worth pursuing.
Marty McNamara said we have just a list of map/parcel now; we need to verify ownership/titles. Mike May stated, regarding State land and DCR calculations for PILOT, are we taking it at face value that we are getting the right reimbursement? Are we doing our due diligence in collecting the proper PILOT assessment? Marty McNamara said the DOR works with our assessors in setting the value.
Charter Cable Increase: Charter gave notice of a rate increase effective January 1, 2014.Mike May asked when the Charter contract is up. The TA said we just renegotiated a ten-year contract six months ago.
Tax-exempt Properties: The report of properties that are tax exempt, State or county owned and Town owned show that there is approximately $39M worth of Town-owned property; $15M in tax-exempt property and $73M of State or county property. Eleven entities on the list are tax exempt. Letters have been sent to eight of them addressing the Town’s desire to enter into a PILOT Agreement. The other three are religious organizations; letters were not sent to them. Letters were sent to:
Tower Hill Mata Amritanandamayl Center
YMCA Boylston Housing Inc.
Calliope Productions Sudbury Valley Trustees
Greater Worcester Land Trust New England Forestry
If there is no response, the TA will follow up after the holidays.
OPEB Reform: The MMA is calling for reform to address the funding crisis in retiree health benefits. See their memorandum of November 26.
Organizational Chart: The chart was presented to the Board. Mike may said it should be shaded and designate appointed versus elected officials.
6:50 PM Report of the Chief of Police to the Board of Selectmen:
- 11/13 Met with the TA regarding budget/staff meeting. Will be turning in budget this week to the TA.
- 11/22 Ticket hearings in Clinton District Court.
- 11/26 Thanksgiving: Chief worked 10:00 AM – 2:00 PM.
- 12/6 Meeting at Tahanto regarding lockdown/evacuation procedures.
- 12/11 Tahanto lockdown/fire drill in afternoon.
- 12/18 – 23 Will work 11-7 to save overtime shift
- 11/29 Suicide attempt on Central Street; female drove car into pole.
- 11/29 Motor vehicle accident on Linden Street
- Working on year-end data report.
7:00 PM HEARING: Tax Classification Joint meeting with Board of Assessors. Margo Richardson, Carl Cravedi and Paul O’Connor present.
Margo said Boston is making us jump through hoops and peppering us with questions. We cannot set a tax rate tonight as we have no preliminary values.
Marty McNamara said he spoke with Tom Donnelly at the DOR today. This has gone to the first stage for final approvals He believes they will be ready in the next day or two. Friday would be the earliest date for a hearing. The ad placed by the Assessors allows residents to appeal a valuation for five days. Of 363 communities, only 188 have their tax rate set. Carl Cravedi said, in a re-evaluation year, it is not usually early; it takes longer. Margo said that once she gets the numbers from Dan, the recap sheet is done and then the rate is set and approved.
Mike May asked about the DCR land issue? Margo said they evaluate the lots. Prime lots are worth more ($120,000) than back land acreage ($8,000, reduced from $14,000 by the DOR). We will not get less money since the PILOT payment cannot ever by reduced, even if the land value is reduced. Mike May asked if the reduction is unique to Boylston or has this happened to other communities as well? Margo said she did not ask. She just wants to be cooperative to get the DOR to do their part and then we can set the rate and get the tax bills out. She doesn’t want to agitate and slow down the process. Maybe next year we can question them. Mike May asked if there was a change in DCR-owned acreage? Margo said there was no increase in land this year.
Another date to continue the hearing cannot be set until the numbers are received from the DOR. Marty McNamara said the Treasurer needs to have everything by the 19th in order for the bills to go out on time.
Dave Butler said the purpose of a hearing is to set a split or uniform rate. If the split vs. uniform rate is voted tonight, we don’t need to continue the hearing, since the purpose will be met. The actual tax rate does not need to be set at a hearing.
Mike May said he is uncomfortable that there is no documentation to show us any options. If there is some conversation next year, he asks that the Board of Assessors present options and information with economic impact. He doesn’t feel fully informed. Margo said we usually do have paperwork when we have numbers.
Dave Butler said he agrees with Mike but we need to get the tax bills out; this should be a priority.
Matt Mecum made a motion to continue with a single tax rate. Mike May seconded the motion; voted all in favor.
The Chair was asked for public comments; he had none.
At 7:25 PM a motion was made by Matt Mecum to close the hearing. Mike May seconded the motion; voted all in favor.
7:30 PM Report of the Building Inspector to the Board of Selectmen:
Tony presented the permit activity for November-December. It is about the same as this time last year; it is a slow time of year.
Matt asked if we can make people aware that the Applicant Advisory Committee can be utilized for anyone building a development. It is not necessary to be commercial.
2014 Business License Renewals: The following were presented for approval:
Anytime Auto Wholesalers
Boylston Youth Baseball/Softball
Wicked Good Cookies
Claudette’s 1921 Diner
Pop Warner Boylston/West Boylston Youth Football.
Matt Mecum made a motion to approve the above licenses. Mike May seconded the motion; voted all in favor. The licenses were signed by the members of the Board.
Leaf Dump: Jim Wood asked the status. Mike May said he was not sure. He thinks Steve Mero is waiting for the DCR.
Selectmen’s 2014 Meeting Schedule: The following meeting schedule was approved:
Monday, January 6 Monday, March 10
Monday, January 20 Monday, March 31
Monday, February 3 Monday, April 14
Monday, February 24 Monday, April 28
Hillside Restoration Project: Patrick Healy, Treasurer, was present along with other members, and gave the following update on the Gough House progress:
- The $245K HUD Grant awarded has been completely spent toward restoration of the house:
Painting contractor
- The Massachusetts Historical Grant of $40k which was awarded was matched by the Fuller Foundation. This allowed for the library in the house to be fully restored.
- They applied for two grants: the Massachusetts Cultural Facilities Fund and the Massachusetts Cultural Council. They were not successful but will work on application issues for the next grant period. One problem is that the lease expires in 2015 and they would like to begin negotiations to extend the lease subject to final term negotiation. They would like to explore the possibility of expanding the lease area.
- The Farmer’s Harvest Fundraising Dinner in the fall was successful and they would like to do more, similar events.
- The eight-week Farmer’s Market is opening up interest in the property and has been a good community event. They would like to move to the Town Common next fall.
- There has been volunteer labor at the house also.
Patrick requested a letter stating the Town’s intent to continue the lease, to allow for better success with grant applications. If the town’s intent is to renew the lease, there is less reservation from grant awarding authorities to commit funds.
Mike May asked how much money has been invested to date and how much more is required to realize their vision for the rest of the property. Patrick gave an estimate of $1.3M; he is not sure how much more is needed, but he thinks it is at least another $1.3M. The time line for completion is dependent upon funds and grants.
Mike May asked that they share their vision of the use of Gough House: historical, community, etc. Janet Carpenter said they are not 50% away from occupying the building, even though the restoration is at 50%. They intend to apply for a Planning Grant and have a consultant develop a vision for use of the space, programming, etc. If successful with that grant, they will have a solid answer. Patrick said it is a national landmark structure so it is important to restore it. It will be a community resource when completed.
For example, the meeting room will be ready first for meetings, conferences, and as a teaching/learning resource, etc. They are about $350K away from realizing that room use.
Mike May asked what land is desired for leasing. Patrick said the barn, which was restored by private funds from the Fuller Foundation. This could be a teaching resource for schools. The TA said the barn is presently being used for various storage (mowing equipment, tractors, Fire Dept boat, etc.) Patrick said they would like to lease the land for use of functions; they would like to improve upon the landscaping by planting trees, etc.
Nel Lazour of the Committee said they are hopeful that a Planning Grant comes through. They would engage the Town in that planning process as it needs to be a partnership.
Mike May made a motion to enter into a letter of intent for the Hillside Restoration Project for an extension of the lease term. Matt Mecum seconded the motion; voted all in favor.
Performance Evaluation for Martin McNamara: TA has been given an overall rating of 4.1 out of 5. Some of the compiled comments were read aloud. A monthly newsletter by the Board and/or Town Administrator has been recommended.
Matt Mecum said he is not going to support going into Executive Session; he believes the contract and negotiations should be transparent. We need to be sure we look at where we commit funds. He does not support opening the contract at this time. Mike May said he has no problem having discussions in open session but supports the need to open the contract.
Stephen Madaus said job performance and performance evaluation can be discussed in open session. Section 14 of the contract (a merit salary increase may or may not be given to the Town Administrator). This is separate from a percent increase. A strategy session in Executive Session should be scheduled for the Board to decide among themselves how to proceed. It’s at the will of the Board if it is in open session. It should be within the terms of the existing contract.
The Town Administrator said the Board voted last week to one to enter contract negotiations with him. A suggestion was made to schedule an Executive Session to conduct negotiations.
Mike May, confirming with Stephen Madaus: Executive Session is for the Board to decide on whether to keep the contract or open it to negotiate. Stephen said one permissible purpose is to conduct a strategy session in preparation for negotiations. This allows the Board to make some decisions privately and then negotiate in either open or Executive Session. Jim Wood said the Board could go into Executive Session without the Town Administrator and come up with an option. Mike May said, to clarify, the Board voted last week to enter into negotiations to open (contract discussions with the Town Administrator concerning the merit pay component of the contract.
At 8:27 PM, on a motion made by Selectman Mike May and seconded by Jim Wood, the following roll call vote was recorded to go into Executive Session under MGL c.39 §21 ¶2 to conduct strategy sessions in preparation for negotiations with non-union personnel. Jim Wood: Yes; Mike May: Yes; Matt Mecum: No.
The motion was rescinded.
Motion was made by Mike May to conduct a strategy session only and reconvene in open session. The following roll call vote was recorded: Matt Mecum: No; Jim Wood: Yes; Mike May: Yes.
9:27 PM: Return to open session (TA also present)
Jim Wood said the Board of Selectmen has concluded a strategy session and may bring forth a proposal for a merit salary increase in accordance with the terms of the existing contract at the Board’s next scheduled meeting.
Mr. McNamara said since no goals or objectives have been established, how can the Board make a merit increase? Jim said it would be based on a performance evaluation.
Mr. McNamara asked if it would be in open session and was told it would be. He asked if there would be any give and take or negotiating; the response was negative. There will be no negotiations for a new contract? No.
At 9:30 PM Mike May made a motion to adjourn. Matt Mecum seconded the motion; voted all in favor.
The meeting was adjourned at 9:30 PM.
Respectfully Submitted,
Lori Esposito, Administrative Assistant
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