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1 TOWN OF KINGSTON BOARD OF SELECTMEN OPEN SESSION MINUTES Chairman Elaine A. Fiore called to order the meeting of the Board of Selectmen at 6:00 p.m. in Room 200 at the Town House, 26 Evergreen Street, Kingston. Also present: Vice Chairman Jean M. Landis- Naumann, Susan T. Munford, Sandra D. MacFarlane, and R. Lindsay Wilson II; and Town Administrator Robert H. Fennessy. Announcements. Ms. Fiore made the following announcements: This meeting is being recorded by PACTV. Anyone intending to make an audio or video recording of this meeting should notify the Chair at this time. The Memorial Day Parade Committee invites everyone to the Memorial Day Parade on Monday, May 25 starting at 10:00 am. Town Meeting continues on Tuesday, June 2, 2015 at 7:00 PM at Kingston Intermediate School. Kingston Recreation Department Summer Open House Wednesday, June 3, 2015, from 6:30 PM to 8:00 PM at the Reed Community Building. Open Forum. Gene Wyatt, Chair of the Recycling Committee, said he helps the Kingston PTO with school recycling. The Massachusetts Department of Environmental Protection is offering a $30,000 grant for district-wide recycling. He reviewed the purpose and terms of the grant, and he requested that the Board sign the commitment letter. The Board agreed and signed the commitment letter. Discussion followed regarding pay-as-you-throw. The consensus was to put this item on a future agenda. Memorial Day Parade Committee Update Phil Burnham, Chairman. Phil Burnham was present. This is his eighth year doing this parade. He distributed and reviewed the Order of the Day and he thanked Indian Pond Country Club for loaning a golf cart. Presentation of Lions Club State Speech Contest winner Joe Casna, Kingston Lions Club. Joe Casna introduced Kory Turner, a sophomore at Sacred Heart School and winner of the Lion s Club state speech contest, and Dan Sapir, Mr. Turner s teacher at Sacred Heart School. The theme of this year s event was Respect Where Has It Gone? Mr. Turner presented his speech for the Board and the audience. The Board thanked the Lions Club and Mr. Sapir. Set fees for Transfer Station stickers; and request to lift the hiring freeze for two summer workers Paul Basler, Superintendent of Streets, Trees & Parks. Paul Basler presented his recommendations to the Board for the Transfer Station sticker fees, noting that the fees are the same as last year except he would like to change the price of the second sticker. Residents have asked why the second sticker fee is set at $ He reported that the scale is working well, and residents seem happy to be paying by the pound. As of May 5 th, the amount of trash going to SEMASS is approximately 124 tons less than this time last year, which is a savings of $8, Commingle and cardboard recycling is up; newspaper is down. Ms. Landis-Naumann asked Mr. Basler to explain for the residents the costs of SEMASS. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was

2 VOTED: To set the Transfer Station sticker fees for FY2016 as follows: Residents $160.00; Senior Residents (62 and older) $80.00; Second sticker (same household) $ All other disposal fees shall remain the same as FY2015. Mr. Basler stated that his second request tonight is to hire two summer helpers. This helps when fulltime staff takes summer vacations. Duties will include painting concrete posts, weed wacking and lawn mowing. It is minimal work but good experience. He confirmed that his budget has funding. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To lift the hiring freeze for Streets, Trees & Parks to hire two, seasonal part-time casual workers. Council on Aging interviews for board position. There are four applicants for two openings on the Council on Aging Board. Three of the four applicants were present and were interviewed by the Selectmen. C. Weston Meiges Mr. Meigies has been going to the Senior Center for about 4 to 4 ½ years, is semiretired and works three days a week, is available generally and can adjust his schedule, and wants to be on the board because he feels it is part of a citizen s duty to give and help others. Mary Hayes She is unavailable tonight but is able to attend the Board s next meeting. Maureen Elwood She has been a resident since 2005, has not been on a board before, would like to help seniors, is available at any time, goes to the Senior Center now, and also is interested in volunteering. Gail Burgess She has been a resident since 1986, has been going to Center at least 10 years, volunteers at lunchtime, has served as a director on Friends of the Council on Aging and was vice president, is available for meetings, is very practical, and has strong customer service skills. Ms. Fiore reported that the Selectmen have been given the recommendations of the Council on Aging Board. The consensus was to defer voting on appointments until after meeting with Ms. Hayes in order to give everyone the same opportunity. The item will be continued on June 16, Approval of May 5 and 12, 2015 open sessions. The minutes were not presented for approval. Extend the term of the Off-Leash Dog Area Committee from June 1, 2015 to September Ms. Fiore stated that the Committee wants to make a presentation to the Board in June but needs some additional time. Upon a motion made by Ms. Munford and seconded by Ms. MacFarlane, and a vote, it was VOTED: To extend the term of the Off-Leash Dog Committee and all of its members to September 30, Rescind approval to issue a Common Victualler license to Rene A Hanson d/b/a Crazy Kitchen Concession at Gray s Beach concession stand, 11 Gray s Beach Road. Ms. Fiore reported that Mr. 2

3 Hanson unfortunately is unable to manage the Gray s Beach concession stand this year. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To rescind the authorization to issue a Common Victualler license to Rene A Hanson d/b/a Crazy Kitchen Concession at Gray s Beach concession stand available for the period April 1, 2015 to November 1, 2015 because Mr. Hanson has elected to not renew the lease for the concession stand. Vote to declare Gray s Beach concession stand available for lease. Upon a motion made by Ms. Landis- Naumann and seconded by Ms. MacFarlane, and a vote, it was VOTED: To declare that the concession stand at Gray s Beach is not needed for municipal use and is available to lease. Ms. Fiore announced that anyone who is interested in leasing the concession stand should contact the Recrecration Department. Solar projects being developed by Clean Energy Collective at 20 & 25 Elizabeth Drive - Rayo Bhumgara, President, Sustainable Strategies 2050 LLC Jeff Lord of the Clean Energy Collective (CEC) and Rayo Bhumgara, CEC s consultant, were present. Ms. Fiore stated that at the Board s last meeting, the Town Planner provided some information on the solar project but the Board would like more information tonight about the project and the proposed PILOT agreement. Mr. Lord provided the background to CEC which focuses on community solar gardens, state legislation, how community solar gardens work, the ability of anyone in the same utility and load zone to subscribe to participate or subscribe to get the discounts for their bill, the subscription process, CEC s projects in Rehoboth and Hadley and about 50 other projects in the Commonwealth in development right now, and the anticipated coverage of this project of about 200 homes total if all subscriptions are residential. The State program is not set up to limit subscriptions to the Town of Kingston residents. Mike Ruprecht, a Kingston resident, asked about the average savings per home. Mr. Ward said about 5 percent under the model where there is no fee. Right now that is the only product CEC has. It s a higher savings for commercial customers. Mr. Wilson asked what CEC s economic incentive fee is if there is no upfront fee, is there economic risk to the subscriber, and what happens if legislation changes. Mr. Ward said there is no economic risk to the subscriber. It is the revenue generated by sale of renewable energy certificates that provides the funding and to pay their fee. The program is matter of statute, and the value for the first 10 years is set in the statute. Ms. MacFarlane asked why the annual payments on Exhibit B do not increase over time. Mr. Fennessy stated that the proposal has not yet been negotiated. Mr. Wilson reminded Mr. Fennessy of the Board s request for a revenue comparison. Ms. MacFarlane would be more comfortable with the proposal if Kingston residents at least had first choice. Mr. Lord will consider designing such a program, subject to speaking to their corporate attorney. Mr. Bhumgara spoke about the structure of PILOT agreements. Almost all towns have negotiated them because the state does not have clear definitions for the taxation of solar systems. State law supports negotiation of a PILOT agreement. He explained federal incentives, accelerated depreciation, the escalator built into the proposed PILOT, and the intention of a PILOT not being to reduce the tax burden but to normalize it. He offered to send to Mr. Fennessy a spreadsheet showing the model. The Board will revisit the topic at the next meeting with Town Counsel. No action was taken. 3

4 Request to lift the hiring freeze to fill the Planning Department Secretary position. Ms. Fiore stated that Mr. Bott is not present but Planning Board members Susan Boyer and Mike Ruprecht are. Mr. Bott has provided a written outline regarding his activities. Ms. Boyer and Mr. Ruprecht spoke in strong support of filling the position. Ms. MacFarlane knows there is a lot of work in a planning department based on her employment in another town. Ms. Landis-Naumann asked for Mr. Fennessy s opinion. Mr. Fennessy said that support staff is critical for all offices. Closed offices have a ripple effect that is frustrating to all. It is a busy office, and his recommendation is to lift the hiring freeze and fill this position, which he sees as a full-time position. Mr. Wilson asked if there are any other resources that could be shared. Mr. Fennessy said no. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To lift the hiring freeze to fill the Planning Department Secretary position. Mr. Fennessy added that the position first is posted with the union. If someone outside of the union is hired, the step will be Step 1. Mr. Bott joined the meeting later and thanked the Board for lifting the hiring freeze. Annual appointments/reappointments. Ms. Landis-Naumann stated that the Town Government Implementation Committee intends to present its final report to the Board on June 16, and that will end its term. Discussion followed about the term of the Director of the Council on Aging. The consensus was to leave the term as one year. Discussion followed about the term of the Recycling Committee members changing to three years after the Attorney General s approval of the newly passed article by Town Meeting. Upon a motion made by Ms. Fiore and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: move to appoint the following individuals to the following positions: Renewals for Employees Term Expiring Inspector of Buildings/Zoning Enforcement 3 year Paul A. Armstrong Officer Tammy A. Murray Director of Elder Affairs 1 year Mark R. Douglass Emergency Management Agency Deputy 1 year Director Matthew J. Darsch Local Water Resources Management Office 1 year Paul F. Basler OCPC Joint Transportation Committee 1 year Jean M. Landis-Naumann Recycling Committee 1 year Jean M. Landis-Naumann Agricultural Commission Associate Member 1 year Lynne Welsh Recycling Committee 1 year Robert T. Heath Right-To-Know Coordinator 1 year Paul F. Basler South Shore Recycling Cooperative 1 year Approve recommendations for hiring of Recreation Department seasonal summer employees. Upon a motion made by Ms. MacFarlane and seconded by Mr. Wilson, and a vote, it was VOTED: At the recommendation of the Recreation Commission, to hire the following individuals for seasonal summer positions, subject to successfully passing a CORI check if applicable: 4

5 Set annual Gray s Beach Park parking sticker fees. Upon a motion made by Mr. Wilson and seconded by Ms. Munford, and a vote, it was VOTED: To set the fees for the Gray s Beach Park parking stickers for the term April 1, 2015 to March 31, 2016 at $15.00 for Kingston Residents and $50.00 for non-kingston Residents. Prior to the vote, Ms. Munford pointed out that the second transfer station sticker at $10.00 is less than the resident-rate parking sticker. Vacation request buy back pursuant to negotiated Town Administrator's contract. Mr. Fennessy asked the Board to allow him to sell back up to two weeks of his vacation time. There is money available in the budget for the buy back, and this was a negotiated term of his contract. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To authorize the Town Administrator to sell back to the Town up to two weeks of accrued vacation for FY15 in accordance with the Town Administrator s employment agreement. The value of the buyback is about $4,000. Discuss prioritization of proposed Wage & Personnel part-time positions (human resources, facilities and IT) and Finance Committee s vote. Ms. Fiore stated that the Finance Committee has recommended funding two of the three requested part-time positions. An alternative is to go to Town Meeting and recommend funding of all three. Ms. MacFarlane and Ms. Landis-Naumann stated their support of requesting all three to Town Meeting. The positions will save the town money in the long run, and it is possible to fund all three within the levy limit. They are part-time positions with no benefits. Ms. Landis-Naumann is willing to present the argument; however, the Board needs to prioritize the positions if Town Meeting does not agree. Ms. Fiore stated that she spoke adamantly at the Finance Committee s meeting to fund three positions. She recommends a facilities manager and a human resources manager. The Town has an IT consultant now. While she agrees that the IT position is warranted, she is not comfortable saying to Town Meeting that the Board is different from other department heads. She does not want to set a precedent and cannot support making the request to Town Meeting. Ms. MacFarlane agrees to a point, but commented that the positions are not just for the Selectmen. They will save the Town a substantial amount of money in the long run. Mr. Wilson 5

6 commented on the Board s role of balancing the competing interests of the Finance Committee and department heads. If there is a real need, then it is short sighted not to meet the need. He asked Mr. Fennessy for his opinion. Mr. Fennessy explained why all three positions are critically needed. He expressed his concern that the Finance Committee s votes are taking policy decisions away from the Board. His recommendation is human resources first, and facilities second. Discussion followed regarding the Finance Committee s meeting and vote. Mr. Fennessy noted that all three positions were vetted and approved by Wage & Personnel. The general consensus of four members was to opt for facilities and human resources and argue on Town Meeting floor for the third position. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and following a vote (Ms. Fiore was opposed), it was VOTED: To prioritize the hiring for the three new part-time positions approved by the Wage & Personnel Committee in the following order, based on available FY16 funding and the Town Administrator s recommendation: First - Human Resources Manager; Second - Facilities Manager; and Third IT Manager. Ms. Fiore expects to see the IT consultant s fees go down because of thenew computers and new servers. Mr. Wilson noted the new servers can create their own set of problems. Review June 2, 2015 annual and special town meeting articles. Ms. Fiore provided an overview of the special town meeting and the annual town meeting articles. Mr. Fennessy added that the amounts will changed for special town meeting articles 1 and 2. No action was taken. Discuss/review Board of Selectmen s policies and procedures. Ms. MacFarlane reported that she is working on policies and procedures that have current value to the Board and will present several to the Board at the next meeting. Mr. Fennessy noted that some of the polices will need to be negotiated with the unions. Expend $2, from the Edna Maglathin Charity Fund (available for needy and worthy widows, maiden women, and children of Kingston) to prevent a property from going into tax title. Ms. Fiore stated that this item is premature for Board action. She was informed that a specific process first needs to be followed. Snow & Ice Budget Transfer. Ms. Fiore said this item was added today. In April monies were added to the Snow and Ice budget and now the individual buckets need to reallocated. Mr. Fennessy stated that the action requires a vote of the Board and the Finance Committee. Upon a motion made by Ms. Fiore and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To authorize a budget transfer for Snow & Ice (Expenses to Pers Svcs) from sand/salt in the amount of $1,125 to OT in the amount of $1,125. Next Meeting. The Board s next regular meeting will be on June 16, Adjourn. Upon a motion made by Ms. Landis-Naumann and seconded by Ms. MacFarlane, and a vote, it was VOTED: To adjourn. 6

7 The meeting adjourned at 7:49 pm. Respectfully submitted, Approved: June 16, 2015 Laurie A. Zivkovich Assistant to the Town Administrator/ Board of Selectmen Documents used at the meeting: 1. Agenda 2. Suggested Motions 3. Kingston Recreation Summer Open House Announcement 4. Memorial Day Parade Order of the Day 5. Memo dated May 14, 2015 from Paul F. Basler RE: Transfer Station Stickers 6. dated 5/14/15 from Tammy Murray re: Council on Aging board members recommendation for BOS appointments 7. Memo dated March 26, 2015 from Rayo Bhumgara RE: Request for a Payment in Lieu of Taxes (PILOT) Agreements Solar Projects on 20 and 25 Elizabeth Drive, Kingston, MA 8. Memo dated April 29, 2015 from Thomas Bott RE: Request to Lift Hiring Freeze for Department Secretary for Planning; Memo dated May 15, 2015 from Thomas Bott RE: Additional Information Request to Lift Hiring Freeze for Department Secretary for Planning 9. Chart of Employee renewals dated May 15, Memo dated 5/12/15 from Susan Woodworth RE: Seasonal Employee Recommendations 11. s from Susan Woodworth re: Gray s Beach Park Parking Stickers 12. Copy of Common Vicutaller licese for Rene A. Hanson dba Krazy Kitchen Concessions 13. Page 5 and 6 of the current employment agreement with the Town Administrator 14. dated 5/13/15 from Robert Fennessy re: Wage and Personnel recommendations 15. dated 5/19/15 from Elaine Fiore re: request for funding from the Edna Maglathin Charity fund 16. Draft STM/ATM booklet 7