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Minutes 06/17/2008

Board of Selectmen
Minutes
June 17, 2008

Leo F. Blair
Timothy A. Clark
Peter E. Warren
Lucy B. Wallace
Ronald V. Ricci



The meeting was called to order at 7:30 P.M. by Chair, Leo Blair in the Town Hall meeting room.

APPOINTMENT – LIBRARY TRUSTEE –   All the Library Trustees were in attendance to introduce Christopher Frechette as their recommendation to fill the vacant seat of Roy Moffa. On a Jackson/Wallace motion the Boards voted unanimously by a roll call vote to appoint Christopher Frechette to fill the vacant position until the next annual town election. (Kendall – Aye, Jackson – Aye, Bagetelle – Aye, Kronauer – Aye, Barbieri – Aye, Wallace – Aye, Warren – Aye, Clark – Aye, Ricci – Aye, Blair – Aye)

EXIT INTERVIEW WITH TOWN AUDITOR –   Tony Roselli from Roselli, Clark and Associates was in attendance to review results of the fiscal year end June 30, 2007 audit. Mr. Roselli started with the management letter. He explained on page 3 of the Management letter is an overview of the letter. Basically, the letter states the town has well funded reserves including a healthy stabilization balance, a healthy undesignated fund and a Rantoul trust fund. From a reserve perspective the town is in very good shape. Mr. Roselli noticed in previous years Harvard had successful overrides but suggested the town look in other areas to supplement the budget in the future. Mr. Roselli complimented the accounting staff with regards to their efficiency and cooperation during the audit process. Below are some key points discussed:
  • Mr. Roselli explained the GASBE 45 is a post employment benefit liability that exists for all communities and is something that should be considered sooner than later with possibly setting up a task force to address the issue.
  • Mr. Roselli explained the GASBE 40 is a treasurer policy with respect to investments. This is an area the Treasure is working on.
  • Mr. Roselli suggested doing an audit on the student activity funds account. He  explained an audit has never been done and will keep everyone honest.
  • Mr. Roselli explained findings on page 6:
- Police Details – showing a deficit balance of $10,000, town should address.
- Landfill- post closure care of landfill, there should be testing for pollutants.
-Out of town travel- formal policy should be in place for reimbursements. Tim Bragan confirmed there was a policy in place.
Mr. Roselli explained some financial items:
  • 2 Capital projects with stagnant balances $27,000, review origination of funds for possible availability of funds.
  • Trust funds could be accessed for the budget if necessary. Review original  agreements.
  • Special revenue funds with stagnant funds should be investigated.
 

Board of Selectmen – Minutes
June 17, 2008 page 2
Other comments:
  • Review cemetery fund with regards to the DPW budget and moving funds to the cemetery trust fund for better allocation.
  • Transfer Station general fund could possibly be an enterprise or revolving fund which places more burden on the station instead of the tax payer.
  • Mr. Roselli questioned Chapter 90 use being slow over the past few years. Tim Bragan assured Mr. Roselli the Chapter 90 funds would be accessed.
Informational items:
  • Accounting Officer Fred Aponte will work on accuracy of the recap.
  • Assessor Angela Marrama will create warrant for CPA funds.
  • Treasurer Vicki Smith will work on accuracy on the Statement of Indebtedness.
  • Town Administrator Tim Bragan is working on issuance of checks for payroll warrant.
PUBLIC COMMUNICATION -  
Bruce Leicher, 58 Warren Road, stated he was mystified on the decision regarding the Ayer Road project with respect to 40B development. He also expressed the need for
BOS to take action on legislative regarding an advocacy bill which would require an increase in the special education funding formula.

Jared Wollaston, 1Elm Street, extended his appreciation for the unanimous vote of the BOS to invite Mass Development to make a presentation. He is also looking forward to working on receiving appropriate figures to make a decision on sound information. He explained he was recently appointed by Governor Deval Patrick as one of eleven commissioners for Freedoms Way Heritage Area whose mission is to generate preservation of natural resources along with encouraging economic development in the region.

Marie Sobalvarro, St. John’s Lane, expressed her thanks to all that came out for the Mass Development presentation and her pleasure to have Devens back on the radar again. She suggested we seize the opportunity offered by Rich Montourri and Victor Normand to provide the expense side and the long term capital plan.

Tom Gormley, 99 Ann Lee Road, expressed his concern regarding the denial on the Ayer Road project and he was looking for more information regarding the decision. Lucy Wallace suggested he attend an Municipal Affordable Housing Trust meeting for more details on the strategy and decision.

Keith Cheveralls, Quarry Lane, expressed his disapproval regarding the use of the Harvard Public Schools telephone broadcast communication module know as Connect Ed as a reminder for citizens to go out and vote by the School Committee Chair Stu Skylar. He questioned if this was a direct infraction of the Campaign and Political Finance Law specific to the line “a no vote will result in teacher cuts at Bromfield and HES”.

Maria Kaufman, 56 Shaker Road, questioned the problem with citizens receiving a reminder phone call to go and vote from the School Committee Chair Stu Skylar.
Tim Bragan explained it is not the reminder to vote that is in question but possible influence on how to vote along with the use of a public resource such as Connect Ed.
Town Counsel Mark Lanza confirmed this may be of concern.



Board of Selectmen – Minutes
June 17, 2008 page 3



Elizabeth Drummey, 24 Withington Lane, of the PTO explained the PTO donates money for Connect Ed and they are not allowed by law as a non-profit organization to make any political statement whatsoever so therefore they do not condone this message.


SPECIAL EDUCATION TASK FORCE/SPECIAL EDUCATION AUDIT –
School Committee members Virginia Justicz, Keith Cheveralls and Patty Wenger were in attendance. Leo Blair explained the 2007 Warrant Article 16 was to establish a committee to conduct a special education audit. The committee was to be comprised of an appointee from the Board of Selectmen, two from Finance Committee, 1 from School Committee and two citizens at large appointed by School Committee. The committee was to develop a request of service and obtain a quote from Gagliardi Consulting and Associates from Melrose. Leo Blair stated a contract was negotiated by March of 2008 and was voted favorably by both the Audit Committee and School Committee. The contract was available at that time for final signature from the School Committee Chair. No action was taken on the contract presented. Leo Blair explained the funding will revert back to its original source if the contract is not executed by June 30, 2008. Leo Blair clarified that it is up to the School Committee to follow through and not up to the Board of Selectmen at this time. Virginia Justicz stated possible changes to the contract may be why the contract was never acted on. Another issue was the School Committee did not reappoint a new School Committee member to replace Will Verbits and a new citizen at large to replace Keith Cheveralls to the Audit Committee causing the inability to have a quorum. Leo Blair wants to clarify that a contract was presented and at this time it is up to the School Committee to follow through. It is not up to the Board of Selectmen. Tim Clark suggested the Board of Selectmen appoint a member of their Board of Selectmen to replace Robert Eubank to assist in moving the committee forward. Keith Cheveralls confirmed from his knowledge there is nothing further the Audit Committee can do. Lucy Wallace also suggested the Board of Selectmen appoint a new Board of Selectmen member.

RESIGNATION – DAVE “DOC” WESTERLING –   Leo Blair explained that Dave “Doc” Westerling has given his resignation as moderator effective immediately. Leo Blair explained the Board needed to understand the process on how to move forward in replacing Mr. Westerling. Town Counsel Mark Lanza was in attendance and explained the Board of Selectmen must call a special election as soon as possible. Mark Lanza suggested drafting a general bylaw for the future in regards to this type of situation.
On a Ricci/Clark motion, the Board voted unanimously to accept a special election date of September 16th, 2008.





Board of Selectmen – Minutes
June 17, 2008 page 4


TRANSFER STATION RULES & REGULATION CHANGES – Richard Nota was in attendance to review the changes. Tim Bragan explained at the last meeting that there was more clarification requested on the truck tire size and pricing. He explained that Rich Nota and Peter Warren discussed the issue and Rich presented a resolution. He proposed charging a flat fee of $50 for any tractor tire and increased the truck tire size from 18 to 27 inches so it is very clear on what a truck tire is as opposed to a regular tire or a tractor tire.
The other issue Tim Bragan explained was regarding collection of funds at the Transfer Station. Peter Warren and Tim Clark advocated for this at the last Selectmen’s meeting. Tim Bragan explained that after speaking with the Treasurer Vicki Smith, Finance Director Lorraine Leonard and Rich Nota it was explained the money collection was brought back to the town hall because of elimination of a full time administrative assistant to the DPW Director and problems regarding reconciliation of funds. Other concerns are added responsibility of part time workers and possible back up on Saturday mornings. Tim Bragan expressed he is totally against the collection of funds at the Transfer Station. Peter Warren suggested a trial period of 90 days. He did suggest only collection of funds on Saturdays and only checks no cash. Tim Clark is in agreement with Peter Warren. Lucy Wallace suggested possibly an opportunity for the senior work off program.
Rich Nota asked to wait until changes in the program are made to see how it works out and possibly try at that time.  There will be no changes to the process at this time. The punch cards will now be $10 instead of $25 and will expire in one year.
On a Wallace/Ricci motion, the Board voted unanimously to accept proposed changes for the Transfer Station rules and regulations regarding the policy for disposal of items.


RESIGNATIONS –  Caroline Ready Housing Partnership
                        David Hopper Housing Partnership
                        Marcia Conant Warner Free Lecture Board
                        Steve Rowse Fiscal Impact Analysis Team & Municipal
Affordable Housing Trust
                        Pamela Brown Housing Partnership
On a Blair/Ricci motion, the Board voted unanimously to accept resignations and send letters of thanks.

ANNUAL APPOINTMENTS –
On a Ricci/Clark motion, the Board voted unanimously to appoint the following:
  • Deborah Keller Nygren to the Access to Services Liaison.(2009)
  • Sean Bilodeau (2011), Peter Basile(2011), Bill Barrett, Al Combs and Pam Browning(2009) (alternates) to the Agricultural Advisory Commission.  
  • Jeff Ritter and Nick Browse to the Bare Hill Pond Watershed Management Committee.(2011)
  • Debra George to the Board of Assessors.(2011)
  • Keith Turner and Brint Ferguson to the Community Cable Committee. (2011)
  • Charles Gorss, James Breslauer and Janet Waldron to the Conservation Commission. (2011)
  • Janice Goodell and William Mohn to the Council on Aging. (2011)
Board of Selectmen – Minutes
June 3, 2008 page 5

  • Jean Mccrosky, Trudy Lambie, and Debra Vanderwerf to the Cultural Council. (2011)
  • Victoria Smith, Richard Maiore, Mary Jo Boynton, Jim Higgins and Cindy Dumser to the Elderly & Disabled Taxation Aid Committee. (2009)
  • Mario Cardenas and Bill Calderwood to the Elm Commission. (2010)
  • Fourth of July Committee as presented. (2009)
  • J. Mark Enriquez to the MBTA Advisory Committee. (2009)
  • Anne Marie Rowse to the Minuteman Home Care Corporation. (2009)
  • Joseph Sudol as the Planning Board Appointee to the Montachusett Joint Transportation Committee. (2009)
  • Kara Minar as the Planning Board Appointee to the Montachusetts Regional Planning Committee. (2009)
  • Victor Normand (2011) and Susan Naylor (2009) to the Personnel Board.
  • Marylin Morgan to the Registrars of Voters. (2011)
  • Chris Ryan to the Transfer Station Committee. (2009)
  • Steve Moeser to the Zoning Board of Appeals. (2011)
  • Ted Maxant and Orville Dodson as Associate members to the Zoning Board of Appeals. (2009)
On a Ricci/Warren motion, the Board voted to appoint Wade Holtzman (2009) and Dorothy Klotz (2008) to the Municipal Affordable Housing Trust to fill two vacancies.
(Blair – Aye, Ricci – Aye, Warren – Aye, Clark – Aye, Wallace – Nay)

After much discussion and motions with no seconds the Board agreed to take no action on the Devens Enterprise Commission appointments.

The Board took no action on the Historical Commission and Housing Partnership appointments.

MINUTES – On a Wallace/Blair motion, the Board voted unanimously to approve minutes from the 6/3 meeting, as amended.

On a Ricci/Warren motion, the Board voted unanimously to appoint Leo Blair to the Special Education Audit Committee as Selectmen’s representative.

TOWN ADMINSTRATIOR REPORT-
Tim Bragan informed the Board he is working with the Secretary of State’s Office of Campaign and Political Science about the phone calls that were made by the Chair of the School Committee regarding the Special Town Election. He explained after reviewing all of the State’s and Mr. Sklar’s information he would follow through with whatever action is necessary.

Tim Bragan informed the Board that Mark O’Hagan developer at Trail Ridge has contacted the Town and would like to make a presentation of a check which represents the payment for the market rate units as required by the ZBA decision. The funds are to go to the Town for the purpose of funding additional affordable housing.
The town’s options are either place the funds in the Municipal Affordable Housing Trust Fund or set up a separate account. Mr. Bragan encouraged placing the funds in the account already set up by the Trust for greater consistency and less confusion.

Board of Selectmen – Minutes
June 3, 2008 page 6

On a Clark/ Wallace, motion, the Board voted unanimously that the funds dispersed from the Trail Ridge development from the market rate units as per permit and ZBA decision be allocated to the Affordable Housing Trust Fund.
The Board agreed to have the presentation on Tuesday, June 24th at 4:00 pm.

Tim Bragan presented the finalized Chapter 90 application which was approved last fall by the Board. The total is $368,650 going towards resurfacing – bituminous concrete overlay with center lane markings on various roads in town.
On a Wallace/Blair motion, the Board voted unanimously to sign the Chapter 90 project request.

Tim Bragan informed the Board he attended a meeting last week at Devens with representatives from Ayer, Devens and MRPC. We discussed the workings of the contract with MRPC to provide the JBOS with their expertise and assistance. During the discussion it was obvious that from inception of an idea to the actual approval of creating a sub-group to approve the final scope of any work to be done. Haste will be an issure as the funds need to be expended by next April and Shaun ( Ayer Town Administrator) has said that there will be no extensions of the funding beyond next April.

Tim Bragan informed the Board that Liz Allard has successfully completed the Massachusetts Association of Conservation Commission’s Advanced Certificate training program and has been awarded a Certificate of Achievement.

Tim Bragan informed the Board that we received the final versions of the Ayer Road Corridor review that was done by CDM. Copies are available for the Board and an electronic version will be posted on the website.

Tim Bragan informed the Board that himself along with Julie Doucet are working with various individuals regarding the Town Website and will be making changes to it in the future in order to make it a more dynamic and interactive site.

Tim Bragan informed the Board that the Town Center Sewer Action Committee has voted to approve $5,500 for updated engineering. He explained he would be working with that group and Norfolk Ram to finalize service agreement  and will execute it on the Town’s behalf.

SELECTMEN REPORTS –
Tim Clark followed up regarding the Mass Development presentation asking to have an item at the next meeting regarding an action plan.

Peter Warren shared that the Fire Department came in 1st at the Wachusett Muster League over the weekend.

Leo Blair suggested dedicating a good portion of the next meeting on July 15th to Devens. He would like to have a timeline for disposition choices going before the town, expense side of the equation and distribution of specific tasks to make that happen.

The meeting was adjourned at 10:30 P.M.