Above: Articles 33 & 34 won’t be explained on handouts at Town Meeting, but those interested in details can read this post or view the FAQs here. (image cropped from FAQs in Select Board’s 3/19/24 meeting packet)
At Annual Town Meeting, officials will ask voters to support two Articles with two shared goals. If successful in getting support from Town Meeting and the state, they would replace the Public Works Planning Board (PWPB) with a Public Works Advisory Committee (PWAC), and change how the Tree Warden position and responsibilities are handled.
Here’s my overview of what it means, and why they are doing it.
Public Works Planning Board issues
For years, the Public Works Planning Board has been publicly criticized for not doing enough to guide Southborough’s Department of Public Works on project details and priorities. Chair Bill Boland has publicly defended his board’s passive approach, pointing to a flawed charge under the legal framework. He has stated that he believes the board should have been dissolved years ago.
Last year, a Citizen’s Petition sought to pursue having the Town Moderator removed as one of the two appointing authorities. That failed at Town Meeting. Among the comments in opposition was Select Board member Kathy Cook who told the hall that the bigger problem with the board was that the current charge is “a mess”. She said the Select Board was aware of the problems and would deal with it. At that time, they were working on hiring a new DPW Superintendent and would want that person’s input on what was needed.
Replacing the board with a different committee to better meet the Town’s needs was among the goals the board adopted last summer.
Since then, Select Board member Sam Stivers, and Planning Board member Debbie DeMuria have worked together (with volunteer resident Timothe Litt) to hash out the details under Articles 33 & 34. Stivers and DeMuria are also members of the 5 member PWPB, and have been vocally in that board’s minority about taking a more active role in guiding the DPW’s initiatives.
Resolving Tree Warden Issue
At Litt’s advice, they also wrapped in changes to the Tree Warden authority and appointment. For years, the Town has paid a DPW employee a stipend to act as the Town’s Tree Warden. In 2022, the Select Board learned that while they could delegate some administrative tasks, the board is the actual Tree Warden under the law. They aren’t allowed to delegate the holding of public hearings on public shade tree removals and trimmings.
Chair Andrew Dennington has complained about the additional administrative burden on the board.
When the board decided to seek changes to the law around the PWPB, Litt recommended including changes to allow the Select Board to appoint who the Tree Warden is. (Options would then include a town employee or consultant.) The Planning Board would still retain its role in jointly holding hearings for tree removals on Scenic Roads in town.
Article Details
Article 33 asks Town Meeting to support the Select Board petitioning the state legislature to amend the Special Act adopted in 1991 that authorized the creation of a Department of Public Works (which combined the formerly separate departments for trees, roads, and water.) The change is limited to dissolving the PWPB, “Re-establish the office of Tree Warden as an appointee of the Select Board, supervised by the DPW superintendent”, and replace “Board of Selectmen” references with “Select Board”.
Any other changes by the state would not be allowed under the Home Rule Petition unless first approved by the Select Board through a public hearing.
If the petition is approved by the legislature and signed off on by the Governor, the Town would then be able to put Article 34 into action (upon approval by the Attorney General’s office).
Under Article 34, the Town would replace the PWPB with the PWAC. That committee would be a standing Town Committee under Town Bylaws. (You can read those proposed bylaws starting on page 41 of the Warrant. Town Meeting would also be able to make revisions to those bylaws in the future if other changes are desired down the road.
Support and FAQs
According to draft presentation materials, the Articles have the support of the Select Board, Planning Board, Advisory Committee, and DPW Superintendent.
Timothe Litt wrote up FAQs that were included in Tuesday’s Select Board Meeting packet. The Select Board opted not to print them as handouts for the meeting. Dennington thought it was too much detail. Stivers worried that it would make too big of a deal about Articles that they don’t believe will be controversial.
Litt said he thought that having the info in advance might help avoid questions on the floor. But the board said they would be prepared to answer any questions if they came up.
For those who are interested in more details, you can read the FAQs here.
Annual Town Meeting will convene at 10:00 am this Saturday, March 23rd in the auditorium at Trottier Middle School, 49 Parkerville Road.
