ANNUAL TOWN MEETING
MONDAY, MAY 7, 2007
7:00 p.m.
Nashoba Regional High School Auditorium
Moderator, James D. Anker, called the meeting to order at 7:00pm after determining more than
the required quorum of 75 voters had checked in. He noted that the warrant had been duly
posted and had been returned to the Town Clerk this evening. The final total in attendance was
217 out of 3033 registered voters. Introductions of the Selectmen and Advisory Committee,
Town Administrator, Town Counsel, Town Clerk and Moderator were made. Thanks were given
to Gary Perwak at the Power Point, and to all the volunteers and high school staff that helped
with set up. Duly sworn to faithful service for the evening, under the watchful eye of Christine
Alfano, were checkers: Phyllis Langberg, Pam Sowizral, Jean West, Cia Ochsenbein and
counters: Alice Roemer, Susan Miles, Tom Wildman, Robert Roemer, Cia Ochsenbein, Pam
Sowizral, Christine Alfano, Michael Zelenkov, Marta Moran, Randy Porteus and Tim Feihler.
The Moderator went over the procedures for addressing Town Meeting. He also requested that
smiles be used instead of applause in support of speakers. (Smiles on sticks appeared after a
later appeal.)
Article 1: Unpaid Bills for Fiscal Year 2006 |
The Town voted to transfer from available funds the sum of $2,152.25 (Two thousand one
hundred fifty-two dollars and twenty-five cents) for the purpose of paying the following unpaid
FY06 bills, pursuant to Massachusetts Generals Laws, Chapter 44, Section 64:
$ 37.25 Crown Trophy
$ 120.00 Michele Marino, Town of Bolton’s Veterans’ Agent
$1,995.00 Occupational Health Services
Sponsor: Board of Selectmen
Summary: This is necessary to pay unpaid bills from the previous fiscal year for services that have been rendered.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: 4/5 majority VOTE: Unanimous in favor
Article 2: Accept Annual Reports |
The Town voted to accept the reports of the Board of Selectmen and Advisory Committee, or
any other Town officers, boards, or committees for the calendar year 2006.
Sponsor: Board of Selectmen
Note: Copies of the Annual Reports are available at the Town Hall, Library and on our website at www.townofbolton.com.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 3: Fiscal Year 2007 Budget Transfers |
The Town voted to transfer the following:
$6,000.00 From Ambulance Receipts Reserved for Appropriation
To 0100-231-5200-000 Ambulance Purchase of Service
Sponsor: Board of Selectmen
Summary: This transfer is necessary due to the unforeseen ambulance maintenance costs and other costs in the ambulance department.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 4: Fiscal Year 2007 Debt Service Principal Transfer |
The Town voted to transfer from line item 01-751-5930 Debt Service Interest, the amount of
$15,500 (Fifteen thousand five hundred dollars) to line item 01-710-5920 Debt Service Principal
for the Schartner/Nicewicz APR.
Sponsor: Treasurer
Summary: The debt service principal transfer article is due to the fact that the budget was created and voted prior to the bond issuance of the APRs on 6/15/06. We had originally budgeted for a 20-year bond with principal payments of $84,500 and interest of $92,950. When the bond was issued we issued it for 17 years with principal of $100,000 and interest of $73,645. Therefore we need $15,500 more in principal and there is an extra $19,305 in interest which will net to $3,805 after the transfer.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 5: Fiscal Year 2008 Operating Budget |
The Town voted to raise and appropriate or transfer from available funds the sum of $17,064,319
(Seventeen million sixty-four thousand three hundred nineteen dollars) or any other amount, as
set forth in the budget for the purposes of operating and maintaining the various departments of
the Town, and to meet such appropriation:
a. The sum of $85,000 from the Cell Tower Fund;
b. The sum of $14,771 from the Dog Fund to be applied to the Animal Control Officer
budget;
c. The sum of $68,000 from the Ambulance Receipts Reserved for Appropriation to be
applied to the Ambulance Department budget;
d. The sum of $20,187 from the overlay reserve account;
e. The sum of $439,176 or any other amount, to be transferred from Free Cash;
f. The sum of $16,437,185 to be raised by taxation.
Sponsor: Board of Selectmen
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 6: Amendments to the Personnel Bylaw 1.14.3 |
The Town voted to amend the Personnel Bylaw of the Town of Bolton, Section 1.14.3 to read as
follows (deletions in (parentheses and italics) and additions are underlined):
1.14.3 Personnel Committee
This Personnel Bylaw shall be administered by a Personnel Committee, consisting of three (five)
voting members appointed by the Board of Selectmen, said Board shall have the power to fill all
vacancies. Members are appointed for three-year, staggered terms. The Committee shall select a
chairman from its membership who shall preside over meetings. (The Committee shall select a
clerk from its membership who shall be responsible for recording minutes of all committee
meetings, in accordance with the Open Meeting Law).
Like all Town employees and board/committee members, the Personnel Committee is subject to
and shall abide by the provisions of the Conflict of Interest Law. M.G.L. Chapter 268A.
No members of the Personnel Committee may be an employee of the Town nor hold Town
office, whether appointed or elected. Members of the Personnel Committee shall serve without
compensation.
At any meeting of the Personnel Committee action by a majority of the Committee members
present shall be binding. At least two (three) members of the Committee shall be present in
order to constitute a quorum.
The Personnel Committee is responsible for administering this Personnel Bylaw and may
establish procedures as necessary to fulfill this charge. The Personnel Committee may, from time
to time, make and issue interpretations and regulations consistent with the provisions of the
Personnel Bylaw and necessary for its administration. Similarly, the Personnel Committee shall
periodically review the Bylaw and make recommendations for changes, as appropriate, and in
accordance with the provisions governing amendments as set forth in Section 1.14.11.
It shall be the responsibility of the Personnel Committee to develop a classification and
compensation plan, and to review position classifications and rates of pay at reasonable intervals,
as set forth in Section 1.14.10(a). The Personnel Committee shall conduct an open meeting once
annually with town employees to discuss employee concerns about salary, fringe benefits, and
the administration of the Bylaw. The Personnel Committee shall fulfill its role in the Grievance
Procedure, as outlined in Section 1.14.8.
Sponsor: Personnel Committee
Summary: The Personnel Committee has made repeated requests over the past few years soliciting new membership. This activity has had limited success. To that end, the Personnel Committee is proposing bylaw changes to accommodate a smaller committee and to streamline its administrative functions. The objective of the bylaw changes are as follows: a) to reduce the size of the committee from five (5) voting members to three (3) voting members, b) to strike from the bylaw any reference where the Personnel Committee must select a clerk from its membership, and c) where a meeting quorum now requires two (2) members instead of three (3).
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 7: Acceptance of Agricultural Preservation Bylaw and Agricultural Commission |
Declaration after the second sentence “However, in residential areas non-commercial
agricultural practices are those that minimize their impact on neighbors.”
VOTE: Defeated: Majority opposed
Article 7: Acceptance of Agricultural Preservation Bylaw and Agricultural Commission |
The Town voted to amend the Administrative Bylaws to add the following Agricultural
Preservation Bylaw, Section 1.21 of the Town of Bolton Bylaws so that it reads as follows:
1.21 AGRICULTURAL PRESERVATION BYLAW
1.21.1 Legislative Purpose and Intent
The purpose and intent of this Bylaw is to state with emphasis the Right to Farm
granted to all citizens of the Commonwealth under Article 97 of the Constitution, and
all state statutes and regulations thereunder including but not limited to Massachusetts
General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9; Chapter
111, Section 125A; and Chapter 128 Section 1A. We the citizens of Bolton restate and
republish these rights pursuant to the Town's authority conferred by Article 89 of the
Articles of Amendment of the Massachusetts Constitution, ("Home Rule
Amendment").
This General Bylaw encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmlands within the Town of Bolton by allowing
agricultural uses and related activities to function with minimal conflict with abutters
and Town agencies. This Bylaw shall apply to all jurisdictional areas within the Town.
1.21.2 Definitions
The word "FARM" shall include any parcel or contiguous parcels of land, or water
bodies used for the purpose of agriculture, or accessory thereto.
The words "AGRICULTURE" or "FARMING" or their derivatives shall include, but
not be limited to the following:
• farming in all its branches and the cultivation and tillage of the soil;
• dairying;
• production, cultivation, growing, and harvesting of any agricultural, aquacultural,
floricultural, viticultural, or horticultural commodities;
• growing and harvesting of forest products upon forest land, and any other forestry
or lumbering operations;
• 4-H or The National FFA Organization projects; and
• keeping and/or raising of livestock which includes but is not limited to horses,
poultry, swine, cattle, sheep, goats, ratites (such as emus, ostriches and rheas),
camelids (such as llamas and alpacas), and other domesticated animals, including
bees and fur-bearing animals.
"FARMING" shall encompass activities including, but not limited to, the following:
• operation and transportation of slow-moving farm equipment over roads within the
Town;
• control of pests, including, but not limited to, insects, weeds, predators and disease
organism of plants and animals;
• application of manure, fertilizers and pesticides;
• conducting agriculture-related educational and farm-based recreational activities,
including agri-tourism, provided that the activities are related to marketing the
agricultural output or services of the farm;
• processing and packaging of the agricultural output of the farm and the operation of
a farmer's market or farm stand including signage thereto;
• maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased
by the farm owner or manager used expressly for the purpose of propagation,
processing, management, or sale of the agricultural products; and
• on-farm relocation of earth and the clearing of ground for farming operations.
1.21.3 Right To Farm Declaration
The Right to Farm is hereby recognized to exist within the Town of Bolton. The abovedescribed
agricultural activities may occur on holidays, weekdays, and weekends by
night or day and shall include the attendant incidental noise, odors, dust, and fumes
associated with normally accepted agricultural practices. It is hereby determined that
whatever impact may be caused to others through the normal practice of agriculture is
more than offset by the benefits of farming to the neighborhood, community, and
society in general. The benefits and protections of this Bylaw are intended to apply to
those agricultural and farming operations and activities conducted in accordance with
generally accepted agricultural practices. Moreover, nothing in this Agricultural
Preservation Bylaw shall be deemed as acquiring any interest in land, or as imposing
any land use regulation, which is properly the subject of state statute, regulation, or
local zoning law.
1.21.4 Agricultural Commission
For the furtherance of the goals of this Bylaw, there is hereby established an
Agricultural Commission, to consist of five (5) members, appointed by the Board of
Selectmen, at least three (3) of whom shall be representative of the Bolton farming
community and one (1) from the non-farming, residential community. The term of
appointment shall be for three (3) years, timed to coincide with the Town’s fiscal year.
At the time said Commission is first appointed, one member shall be appointed for one
(1) year, two members for a term of two (2) years, and two members for a term of three
(3) years; all subsequent appointments shall be made for terms of three (3) years. The
appointing authority shall fill any occurring vacancy based on the unexpired term being
vacated.
The Agricultural Commission shall be authorized:
• To act as a spokesperson for the Bolton farming community;
• To present written or oral testimony in the context of public hearings before any
Town Board or Committee;
• On its own initiative, to advise any Town Board or Committee on matters pertinent
to the particular area of jurisdiction of that Board or Committee, insofar as the issue
relates to the interests of agriculture;
• To advise the Board of Selectmen and/or any other Town Board on any Town-wide
issues relating to agriculture which, in the opinion of the Agricultural Commission,
require a concerted Town action or response;
• To respond to any request for information or advice from any Town Board or
Committee;
• To provide public information or public education services regarding agriculture
and the practice of agriculture in Bolton, or in general;
• To provide education and information for farmers in residential areas on how to
minimize their impact on their neighbors;
• To serve, at the written request of any Town Officer, Board, or Committee, as an
arbitrator or negotiator in the resolution of disputes relating to agricultural issues,
provided that no order or decision on the particular matter in question has already
been issued by any Town entity legally authorized to do so; and that any resulting
decision or recommendation shall be strictly advisory, and shall have no legal
standing or definitive nature beyond the voluntary agreement of the parties to abide
by it;
• To promote farming business and agriculture in Town, to create awareness through
education, and the promotion of agriculture and its benefits to Bolton.
The Agricultural Commission, per se, is specifically not authorized:
• To acquire or hold property, real or personal;
• To act as an agent or representative of any individual or entity in any matter
pending before any Town or State agency;
• To interfere with, litigate, or serve in any way as a conduit, agent, or forum for
appeals relating to any decision made by a legally authorized Town Officer or agency.
1.21.5 Disclosure Notification
Right to Farm Notification
"It is the policy of this community to conserve, protect and encourage the maintenance
and improvement of agricultural land for the production of food, and other agricultural
products, and also for its natural and ecological value. This disclosure notification is to
inform residents that Bolton is a Right to Farm community where farming activities
occur. Such farming activities may include, but are not limited to, activities that cause
noise, dust and odors. Residents and property owners are also informed that the
location of their property within the Town may be impacted by agricultural operations
including the ability to access water services for such property under certain
circumstances."
A copy of this disclosure notification shall be posted by the Town to residents and
property owners each fiscal year by mail in the Town census and in one or more of the
following forms: annual report, official Town website, transfer station, or library.
1.21.6 Resolution of Disputes
Any person who seeks to complain about the operation of a farm may, notwithstanding
pursuing any other available remedy, file a grievance with the Board of Selectmen, the
Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the
grievance. The filing of the grievance does not suspend the time within which to pursue
any other available remedies that the aggrieved may have. The Zoning Enforcement
Officer or Board of Selectmen may forward a copy of the grievance to the Agricultural
Commission or its agent, which shall review and facilitate the resolution of the
grievance, and report its recommendations to the referring Town authority within an
agreed upon timeframe.
The Board of Health, except in cases of imminent danger or public health risk, may
forward a copy of the grievance to the Agricultural Commission or its agent, which
shall review and facilitate the resolution of the grievance, and report its
recommendations to the Board of Health within an agreed upon timeframe.
1.21.7 Severability
In the event that any part of this Bylaw is, for any reason, held to be unconstitutional,
invalid, or void by any court or agency of competent jurisdiction, it shall not be
construed to affect the validity or the continuation and implementation of all other
elements of this Bylaw.
Sponsor: Agricultural Steering Committee
Summary: Bolton citizens identified preserving Bolton’s rural character as one of the three top priorities for the Town. Key findings in the Bolton Master Plan indicate that agriculture should be fostered by initiating an Agricultural Preservation Bylaw and an Agricultural Commission.
The purpose and intent of this Agricultural Preservation Bylaw is to promote and preserve the agricultural nature of the Town by stating the Right to Farm already given to all citizens of the Commonwealth under Article 97, of the Constitution.
The Agricultural Commission would represent, preserve and enhance farming in the community. Said Commission, once appointed, shall develop a work plan to guide its activities. Such activities include, but are not limited to the following: encouraging the continued pursuit of agriculture in Bolton; promoting agricultural-based economic opportunities in Town; mediating, advocating, educating and/or negotiating on farming issues and pursuing all initiatives appropriate to retaining farming in Bolton.
Furthermore, the Agricultural Preservation Bylaw and Agricultural Commission would recognize that the desire is to protect the agricultural heritage and rural nature of Bolton. Over time the Town has become more residential and these two aspects of Bolton need to coexist and compromise where necessary.
The Commission would not have statutory authority, but would advise Town Boards as necessary and provide a forum for farmers and citizens concerned with agriculture to organize educational programs and promote agricultural activities.
Board of Selectmen Recommendation: Approved (2 to 1)
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Majority in favor
Article 8: Acceptance of Massachusetts General Law, Chapter 39, Section 23D |
The Town voted to accept, for all Town Boards, Committees or Commissions holding
adjudicatory hearings in the Town, the provisions of Massachusetts General Law, Chapter 39,
Section 23D, which provide that a member of a board, committee, or commission holding an
adjudicatory hearing shall not be disqualified from voting in the matter solely due to a member’s
absence from one session of such hearing, provided that certain conditions are met.
Sponsor: Planning Board
Summary: Currently, board members who miss a single session of a formal hearing that extends over several meetings are ineligible to vote on the matter being considered. This can be a source of delay or even require hearings to be conducted twice. An amendment to the state’s Open Meeting Law passed in May 2006 allows towns to accept a provision permitting board members who miss a single session of a hearing to participate in the decisionmaking
process, provided the member reviews a video or audio tape or transcript of the missed proceeding.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Majority in favor
Article 9: Amendment to the Zoning Bylaws, Section 2.3.7 - Major Residential Development |
The Town voted to amend Section 2.3.7 of its Zoning Bylaws as follows (deletions in
(parenthesis and italics) and additions are underlined):
2.3.7 Major Residential Development
2.3.7.1 Applicability
Lands affected by this section 2.3.7 includes residentially zoned property, or set of contiguous
properties, in common ownership, or in common ownership as of June 10, 1996. The term
“common ownership” shall be defined as ownership by the same person or persons or legal
entities, or ownership by any two or more persons or entities, as evidenced by control, pursuant
to established law.
A Major Residential Development shall mean any (subdivision(s), as defined and limited by
MGL Chapter 41, Section 81L,) division of land which in any five year period (, either):
a) comprises 15 acres or greater of new residential lots (and road rights-of-ways); (or) and
b) results in the creation of (greater than 7 residential lots) six or more residential lots.
(c) results in the construction of greater than 500 feet of new roadway.)
Any subsequent (subdivision proposal) division of land which, if approved, would result in total
development in excess of any of the preceding thresholds in any five year period, shall itself be
subject to this section 2.3.7, and shall cause any previously approved (subdivision(s)) division(s)
of land which contributed to the aforesaid threshold calculation to then also be subject to this
section 2.3.7 as a part of that subsequent (subdivision) proposal to divide land.
2.3.7.2 Approval
Major Residential Development shall be allowed only through the special permit process set
forth in Section 2.3.6 Farmland and Open Space Planned Residential Development and this
section.
2.3.7.3 Purpose
The purpose of this section is to preserve the natural and cultural resources of Bolton by insuring
the larger-scale conversion of land to residential use does not consume all of the town’s
woodlands, fields, farmlands, historic structures and landscapes, orchards, cart paths, rock walls,
geologic formations, water courses, wetlands, riparian zones, groundwater recharge areas,
hilltops, scenic vistas, and other significant open spaces.
2.3.7.4 Decision
The Planning Board shall make a decision for all Major Residential Developments whether the
plan developed in accordance with Section 2.3.6 provides a superior alternative in consideration
of the criteria set out in Section 2.3.7.5 in which case, the Planning Board may require that the
development occur in accordance with the plan consistent with Section 2.3.6. If the Planning
Board does not find that the plan consistent with Section 2.3.6. is superior, the proponent may
select whether to pursue development under Section 2.3.6 or use (a traditional subdivision) other
development options pursuant to Town Bylaws.
2.3.7.5 Decision Criteria
The Planning Board, in making its decision as to whether to require development in accordance
with Section 2.3.6 or to allow a traditional (subdivision) division of land, shall evaluate both
plans and choose the development method which best meets, in the opinion of the Planning
Board, the purpose of this section and the criteria set forth in Section 2.3.6.8 (c).
Sponsor: Planning Board
Planning Board Report: At a duly-noticed public meeting on May 3, 2007, which followed an advertised public hearing on the proposed zoning change on March 28, 2007, the Bolton
Planning Board voted unanimously to recommend to the Town Meeting that it approve the
amendment to the zoning bylaw set forth in Article 9 of the Warrant.
Summary: The proposed action expands the definition of “Major Residential Development” to include not just developments with new subdivision roads. The classification of a proposed development as “Major Residential Development” requires the applicant to file a cluster development plan that shows at least 33% open space pursuant to the Farmland and Open Space Planned Residential Development (FOSPRD) bylaw. The amendment would require that in all developments of more than 5 houses, the option of setting aside open space would need to be
considered.
Board of Selectmen Recommendation: Approved (2 to 1)
Advisory Committee Recommendation: Approved
Vote Required: 2/3 majority VOTE: Declared 2/3 Majority in favor
Article 10: Amendment to the Zoning Bylaws, Section 2.3.5.2 - Dimensional Schedule |
To see if the Town will vote to amend Section 2.3.5.2 of its Zoning Bylaws as follows (deletions
in (parenthesis and italics) and additions are underlined); or do or act relating thereto.
|
RESIDENTIAL DISTRICT |
OTHER DISTRICTS |
|
Frontage (Residential) Lot |
***Backland (Residential) Lot |
(Other Uses i.e. Business,Industrial, or Commercial) |
Minimum Lot Area |
80,000 sq.ft. |
4.5 acres |
1.5 acres |
Minimum Lot Frontage |
200 feet |
50 feet |
200 feet |
Minimum depth: Front yard** Other yards** |
50 feet 20 feet |
50 feet 50 feet |
150 feet 50 feet |
Minimum lot width for 100 feet back from street line |
150 feet |
2.3.5.5 (b) |
150 feet |
Maximum lot coverage** |
N/A |
N/A |
see Notes A and B |
** See definition
*** Refer to 2.3.5.5
Note A. Maximum lot coverage shall be 8% and the sum of all impermeable surfaces and other areas subjected to
vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed
use.
Note B. The definition of Lot Area set forth in Section 2.6, Definitions, shall apply, except that, in Limited Business
Zones only, when a landowner has donated to the Town an easement in, or the Town has taken or purchased an
easement in, any portion of a tract of land and said easement has been accepted by the Town for the relocation of an
already existing public way, said portion of the tract of land shall be included in the calculation of the lot area of the
tract for purposes of this bylaw, subject to the following requirements: the easement area is no greater than five (5)
percent of the size of the tract; the tract remains the same dimensionally, and is not subdivided, divided, altered, or
changed in any way; the boundary lines of said easement shall be considered lot lines for purposes of any setback
measurements so that the easement area is not included in any calculations of setback requirements; and any use or
structure complies with all other requirements of this bylaw.
Sponsor: Planning Board
Planning Board Report: At a duly-noticed public meeting on May 3, 2007, which followed an advertised public hearing on the proposed zoning change on March 28, 2007, the Bolton Planning Board voted unanimously to recommend to the Town Meeting that it approve the amendment to the zoning bylaw set forth in Article 10 of the Warrant.
Summary: The proposed action eliminates ambiguity in the current dimensional schedule in the Zoning Bylaw
by making it clear that the schedule is organized by zoning district.
Board of Selectmen Recommendation: Approved (2 to 1)
Advisory Committee Recommendation: Approved
Vote Required: 2/3 majority VOTE: Defeated: Not 2/3 Majority in favor
Article 11: Lease Agreement for the Relocatable Building on Mechanic Street (adjacent to Emerson School) |
The Town voted to authorize the Board of Selectmen to enter into a lease agreement and sign any necessary related contracts for the lease of the so called “Relocatable” building, located on the Emerson School property, on Mechanic Street in Bolton, under such terms and conditions as the Board deems in the best interest of the Town.
Sponsor: Town Administrator
Summary: The Board of Selectmen authorized the release of a Request for Proposals for area not-for-profit organizations to lease and occupy the Relocatable building adjacent to Emerson School on Mechanic Street. Approving this article would allow the Board of Selectmen to enter a lease with an organization under terms they
believe to be in the best interest of the town.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 12: Lease Agreement to Allow a Cell Tower at the Transfer Station |
The Town voted to authorize the Board of Selectmen to enter into a lease agreement and sign any necessary contracts for the lease of certain Town-owned land located on Forbush Mill Road adjacent to the Transfer Station, as shown on the Assessor’s Map as parcel 5A-19, being a portion of property transferred by deed recorded in the Worcester Registry of Deeds Plan Book 21953, page 332, for the construction, installation, operation and maintenance of a wireless communication tower and accessory equipment, under such terms and conditions as the Board deems in the best interest of the Town.
Sponsor: Town Administrator
Summary: The Board of Selectmen authorized the release of a Request for Proposals for the construction, installation, operation and maintenance of a wireless communication tower and accessory equipment on municipal land abutting the Transfer Station. The purpose of this cell tower would be to generate additional revenue for the town, and to improve cellular communication for both the public safety departments and the public as well.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Majority in favor
Article 13: Upgrade and Expansion of Police, Fire and Ambulance Software |
The Town voted to appropriate the sum of $68,706 (Sixty-eight thousand seven hundred six
dollars) for the purchase of software and associated training costs to upgrade the current public safety software, and that to meet said appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized pursuant to Massachusetts General Law, Chapter 44, Section 7(29), or any other authority, to borrow up to that amount.
Sponsor: Police, Fire and Ambulance Departments
Summary: This proposal seeks to expand the capabilities of software currently in use in the Public Safety Departments. This upgrade would allow the Police, Fire and Ambulance Departments to generate computerized incident reports based on standardized state forms. The upgrades affecting the police department will allow for computerized scheduling and benefit tracking, as well as enhance the current wireless access to state and federal
databases. The inclusion of Fire and Ambulance will further enhance public safety, serve to improve patient care in the town of Bolton, computerize their records, and modernize their report capabilities.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved as a three-year borrowing
Vote Required: 2/3 majority VOTE: Unanimous in favor
Article 14: Funding for the New Ambulance |
The Town voted to transfer from the Ambulance Receipts Reserved for Appropriations account the sum of up to $150,000 (One hundred fifty thousand dollars), pursuant to any applicable statute, for the purpose of purchasing a 2007 Class One Ambulance and equipment to meet all state and federal specifications.
Sponsor: Ambulance Department
Summary: The Bolton Ambulance Squad is requesting these funds to replace our existing ambulance which is on a 1997 Ford chassis with 43,205 miles on it. A 911 emergency response vehicle such as this ambulance experiences very harsh operating conditions that a normal vehicle is not exposed to. During its tenth year of service, we are experiencing increasing costs of repair and maintenance in order to keep the ambulance up to operating
standards. Recent inspection by the Office of Emergency Medical Services within the Department of Public Health has also brought forth deficiencies due to rusting. A new ambulance would allow us to deliver the high quality services that the citizens of the Town deserve and expect.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 15: Purchase of a New 1-Ton Truck for the Department of Public Works |
The Town voted to appropriate the sum of $50,000 (Fifty thousand dollars) to purchase a 1-Ton Truck for use in the Department of Public Works, and that to meet said appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized pursuant to Massachusetts General Law, Chapter 44, Section 7(9), or any other authority, to borrow up to that amount.
Sponsor: Department of Public Works
Summary: The Public Works fleet is aging quickly. This article represents the cost of a new 1-Ton truck. This will replace our 1999 Chevrolet 1-Ton truck.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved as a three-year borrowing
Vote Required: 2/3 majority VOTE: Unanimous in favor
Article 16: Public Safety Building Architectural Design & Study |
The Town voted to transfer from available funds the sum of $15,000 (Fifteen thousand dollars), pursuant to any applicable statute, for the purpose of providing architectural schematic designs, engineering and site evaluation studies, a phased work plan, and detailed cost estimates for a new public safety center to be located on the site of the existing fire station.
Sponsor: Police, Fire and Ambulance Departments
Summary: This article is to appropriate funds so that the Public Safety Building Task Force can begin initial work with an architect to develop architectural designs for a Public Safety Building housing Police, Fire, and Ambulance at the existing Fire Station, have site evaluation and engineering studies done, and explore the option of a phased work plan with an associated cost estimate, in anticipation of presenting an article for the complete project
at the fall Special Town Meeting. This information will be shared with the public as it becomes available so that full discussions can be held during the upcoming months to address concerns, answer questions, and evaluate suggestions. The intent of this study is to integrate public safety facility expansion in a cost-effective manner based on the developing needs of the town.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 17: Continuation of Cleanup of Gasoline Contamination |
The Town voted to transfer from available funds the sum of $35,000 (Thirty-five thousand
dollars), for the continuation of the cleanup of the gasoline contamination on Town and private
land which resulted from the leaking underground gasoline storage tank connections at the
Highway Department.
Sponsor: Department of Public Works
Summary: This appropriates an additional $35,000 to continue the cleanup of the gasoline spill at the highway department. Testing has consistently shown a decline in the level of contaminants that remain in the wells. At the present time only one well is showing contamination. The cleanup and closure of test wells are under the direction of the State DEP.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 18: Installation of Sidewalk Along Main Street |
The Town voted to appropriate the sum of $32,723 (Thirty-two thousand seven hundred twentythree
dollars) to fund the installation of a sidewalk/pathway extending from 626 Main Street (the
Salt Box property) to 600 Main Street (Bolton Country Manor), and that to meet said
appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized pursuant
to Massachusetts General Law, Chapter 44, Section 7(5), or any other authority, to borrow up to
that amount.
Sponsor: Public Ways Safety Committee
Summary: T he Public Ways Safety Committee recommends the installation of a sidewalk or pathway extending from 626 Main Street (Salt Box property) to 600 Main Street (Bolton Country Manor – the new senior housing complex). Surveying, site planning, permitting and estimating construction costs were authorized by the Town Meeting in May 2005. The survey work was carried out by the firm of Ducharme and Dillis Civil Design Group, Inc. The sidewalk will allow easy and safe pedestrian access to the Town Center. This new work will be ADA compliant.
Board of Selectmen Recommendation: Approved contingent on securing Mass Highway
approval (2 to 1)
Advisory Committee Recommendation: Approved as a three-year borrowing
Vote Required: 2/3 majority VOTE: Declared 2/3 Majority in favor
Article 19: Acceptance of Retiree Health Insurance Statute |
The Town voted to accept the provisions of Massachusetts General Law Chapter 32B, Section 18, so that the Town shall require that all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the Town.
Sponsor: Board of Selectmen
Summary: This article will move all of the Town’s Medicare-eligible senior retirees from the Town’s active healthcare plans to Medicare subsidized plans. This is expected to result in lower healthcare insurance premiums for the senior retirees and for the Town. It is also expected to reduce the cost of the Town’s active health insurance plans by moving a generally more costly group of subscribers from active plans to the Medicare-subsidized plans. The statute requires that the Town reimburse retirees for any Medicare Part B penalties incurred. In addition, it is the intention of the Board of Selectmen and the Advisory Committee to have the Town reimburse current retirees and future retirees, who were employed by the Town of Bolton on or before May 7, 2007, for their monthly
Medicare Part B premiums. If the Town votes to adopt Massachusetts General Law Chapter 32B, Section 18, the Town intends to bargain over any impact of the implementation of said statute with current town employees pursuant to Massachusetts General Law Chapter 150E.
Insurance Advisory Committee Recommendation: Approved
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Article 20: Contribute to the Stabilization Fund |
The Town voted to transfer from available funds the sum of $25,000 (Twenty-five thousand
dollars), pursuant to any applicable statute, to the Town’s stabilization fund.
Sponsor: Board of Selectmen
Summary: Although significant free cash funds are being drawn upon to balance the FY08 budget, the Board of Selectmen, Advisory Committee, and Finance Team recommend the Town allocate $25,000 from available funds to the Town's stabilization fund. The stabilization fund may be drawn upon to offset the need for a future override, or to assist with a future capital purchase. As of 1/31/07, the balance in the stabilization fund is $887,356.65.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: 2/3 majority VOTE: Declared 2/3 Majority in favor
Article 21: Authorize Town Election |
The Town voted to meet at the Town Hall in Bolton, on Monday, May 14, 2007 between the
hours of 12 noon and 8 p.m. to elect by ballot the following officers.
ONE YEAR: One Moderator, One Town Clerk, One Library Trustee,
TWO YEARS: One member of the Housing Authority;
THREE YEARS: One member of the Board of Selectmen, One member of the Board of Health, One member of the Board of Assessors, One Library Trustee, One member of the Cemetery Committee, One Parks & Recreation Commissioner, One member of the Nashoba Regional School Committee, One Trustee of the Francis E. Whitcomb Benevolent Fund, One Commissioner of Trust Funds, Five Constables;
FIVE YEARS: One member of the Planning Board; One member of the Housing Authority.
and to vote on the following question:
Question No. 1: Shall the Town of Bolton accept Sections 3 to 7, inclusive, of Chapter 44B of the Massachusetts General Laws, as approved by its legislative body, a summary of which appears below?
Summary: Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act (the “CPA”), allow communities to establish a dedicated funding source, and to receive state matching funds, with which to (1) acquire, create, and preserve open space; (2) acquire, preserve, rehabilitate, and restore historic buildings and sites; (3) create, preserve, and support affordable housing; and (4) acquire, create, and preserve land for recreational use. The dedicated funds may also be used to rehabilitate and restore open space, affordable housing, and recreational land acquired or created using CPA funds. At least 10% of the annual CPA revenues must be used or reserved for each of the following CPA purposes: (a) open space, (b) historic buildings
and sites, and (c) affordable housing. All other annual CPA revenues may be used or reserved for any of the CPA purposes described above.
As approved by the April 2, 2007 Special Town Meeting, the local funding source for Bolton will be a surchargeof 3% on the annual property tax on real property, commencing in fiscal year 2008, which runs from July 1, 2007 to June 30, 2008. In addition, the CPA creates a state trust fund from which the Town will receive annual distributions of up to 100% of the amounts raised locally by the CPA surcharge. These state funds are only available to
communities that have accepted the CPA. The funding source for the state trust fund is surcharges on certain filing fees of registers of deeds. As approved by the April 2, 2007 Special Town Meeting, the following property will be exempt from the CPA surcharge: (1) $100,000 of the value of each taxable parcel of residential real property; and (2) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined by Section 2 of the CPA. Any other taxpayer receiving an exemption on real property taxes authorized by Chapter 59 of the General Laws shall receive a pro rata reduction of the surcharge. A Community Preservation Committee composed of seven local citizens will study the community preservation needs of the Town, consult with citizens and town
committees and make recommendations on the use of the CPA revenues. All expenditures of CPA funds will be subject to the approval of Town Meeting.
Yes __ No __
Sponsor: Board of Selectmen
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority VOTE: Unanimous in favor
Meeting dissolved at 9:26pm.
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