Board of Selectmen Minutes
Meeting date:
Thursday, March 25, 2010
Board of Selectmen Present: Kenneth F. Troup
March 25, 2010 Stanley Wysocki
Curtis Plante
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
LOCAL MEALS/HOTEL TAX OPTION
Present: Helene Demmer and Chris Nelson, members of the Economic Development Committee; Bob Davis, Bolton Orchards; Brad Reed, member of the Board of Appeals; Ken Nicewicz, local farmer; Rich Pelletier, Nashoba Valley Winery; Brian Lynch, The International Golf Course; Bruce Slater, Great Brook Farms; Pam Powell, Town Clerk; David Lindsay, Burt Shnitzler, Randy Dinjian, Connie Benjamin, Advisory Committee members
The Board of Selectmen held a meeting to discuss the local meals/hotel tax option which is being considered as a potential article for the Annual Town Meeting. The local option would allow the town to increase the meals tax from 6.25% to 7%. The Department of Revenue projected that Bolton’s revenue to be $35,000 although Town Administrator Don Lowe thought it would be more like $20,000. Mr. Troup stated that in Massachusetts we can only tax if the legislature says we can tax, and that they were trying to offer this in exchange for local aid cuts.
No one had any info on the impact in other communities where the option had already been adopted. Mr. Nelson stated that Bolton could promote business by not imposing the meals/hotel tax option. Ms. Benjamin, Advisory Committee member stated that she is against the tax and the town needs to figure out another way to generate revenue. Many were opposed to the proposed meals tax option.
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to remove the articles from the annual town meeting warrant. (Troup – yes, Plante – yes, Wysocki – no) It was Mr. Wysocki’s opinion that town meeting should be allowed to vote on the proposed articles. Mr. Troup noted that he did not agree with the arguments against the tax, but believed that the tax would be defeated at the town meeting and he saw no reason to waste the town meeting’s time with this kind of discussion. Mr. Planted said he opposed the tax and believed that if provided with additional revenue the town would just spend more money.
POLE HEARING
Present: Mark Caisse, Tree Warden and Paul Schneider of Verizon and Iris Price, National Grid
The Board of Selectmen held a public hearing on the petition of Verizon New England, Inc. and Massachusetts Electric Company to place one new JO stub pole (Pole No. 13-1X) on the westerly sideline approximately 26 feet west of the existing Pole No. 13, and place a new stub Pole No. 14-1X approximately 18 feet west of existing Pole No. 14. Mr. Caisse stated that his family owns the property between Pole 13 & 14 and they are willing to grant an easement for a guy wire so that the poles could be placed further back from the roadway. After further discussion, on a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve the placement of Pole No. 13 and continue the hearing to Thursday, April 1, 2010 at 7:00 p.m. related to the placement of Pole No. 14. (Troup – yes, Wysocki – yes, Plante – yes) This will allow the utility companies the opportunity to talk to the property owner regarding the possibility of an easement for the placement of Pole No. 14 further back from the roadway.
LEGISLATIVE UPDATE
Senator Flanagan and Representative Hogan met with the Board of Selectmen to provide a legislative update. The House of Representatives voted to cover the costs of the special election held to elect a successor to the late Senator Edward Kennedy. Other legislation of interest included an Education bill to help access stimulus monies for our local schools; School Nutrition legislation to improve food choices and help fight childhood obesity; impaired driving legislation to prohibit texting while driving; Veterans Support bill to enhance support services available to our veterans residing in Massachusetts; and legislation to allow Nashoba Regional School District to use its reserve funds for operating expenses.
Senator Flanagan stated that they are faced with a $2.7 million deficit which means cuts in every area of government. Mr. Lindsay hoped that the Senator and the Representative would take the pledge that the capital gains are put back in the stabilization fund.
OPERATING COSTS FOR THE WASTEWATER TREATMENT PLANT
Mr. Spratt met with the Board of Selectmen to discuss the operating costs for the wastewater treatment plant. When the wastewater treatment plant came on line the Board of Selectmen voted to pay 25% of the operating cost and the school district would pay 75%. The electric bill has been approximately $16,000 annually and has been paid by the district. Mr. Spratt proposed that the town pay 25% of the total operating costs which would include the electricity.
Mr. Spratt provided district sewer disposal costs for Bolton, Lancaster and Stow. Mr. Spratt stated that the treatment plant had been over designed to deal with future town and school use and he did not feel that the school district should be paying for the unused capacity.
Mr. Plante stated that the Bolton taxpayers paid for the construction of the plant and it was his opinion that the town should not have been paying for the operation of the treatment plant when it was not being used for municipal purposes. Recently, the new library and public safety center along with the Houghton building were tied into the plant but the use is still minimal compared to the schools use. Mr. Plante estimated the town’s use to be approximately 10% and was willing to pay 15% of the operating costs.
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to pay 15% of the operation costs to include the electricity. (Troup – yes, Plante – yes, Wysocki – yes)
Based on the estimated $46,000 operation costs this would be approximately $6,900 on an annual basis. The Board of Selectmen agreed to revisit this on an annual basis.
REVIEW OF THE ATM WARRANT
Article 1: Fiscal Year 2010 Budget Transfer
Deferred vote to next meeting.
Article 2: Accept Annual Reports
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 3: Fiscal Year 2011 Operating Budget
Deferred vote to next meeting.
Article 4: Implementation of a Permanent Regional Household Hazardous Waste Facility
Mr. Plante is not opposed to the facility but does not want to borrow for the $10,000. To be consistent with the last town meeting Mr. Lindsay recommended that it be borrowed and stated that he will vote against if it is not a borrowing.
On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – no)
Article 5: Fiscal Year 2010 Transfer for the Reorganization of the Town Bylaws
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 6: Purchase of Web-based Municipal Software
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 7: Establishment of a Revolving Fund for Web-based Municipal Software Services
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 8: Transfer of $175,000 to the Stabilization Fund
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 9: Transfer of Funds for Completion of the Master Plan
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 10: Granting of Liquor License
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 11: Cell Tower Easement
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 12: Pole Easement for the Library Project
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 13: Propane Easement for the Library Project
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 14: Easement for National Grid for the Public Safety Center Project
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 15: Release of Interest Old County Road Layout
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 16: Funding of Oil Tank Cleanup
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – abstained)
Article 17: Establishment of a Revolving Fund for Parks and Recreation Commission
Deferred vote to next meeting.
Article 18: Purchase of New One-Ton Minimum 16,000GVW Truck for the Department of Public Works
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 19: Funds for Replacement of Culvert on East End Road
Based on recommendation of Mr. Brown, DPW Director this article was removed from the warrant.
Article 20: Grant for Redesign and Reconstruction of Route 117 ($500,000)
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 21: Well for Emerson School
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 22: Amendment to the Zoning Bylaws, Section 2.5.7.6 Wireless Communications
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – no, Wysocki – yes, Plante – yes)
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to reconsider their vote on this article. (Troup – yes, Wysocki – yes, Plante – yes)
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to disapprove this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 23: Purchase of Defibrillators
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
The Board of Selectmen would like to know the disposition of the old defibrillators.
Article 24: Local Meals Tax
This article was removed from the warrant.
Article 25: Amend Local Room Occupancy Excise Tax under Massachusetts General Laws, Chapter 64G, Section 3A
This article was removed from the warrant.
Article 26: Amendment to the Zoning Bylaws, Section 2.5.5.2, (j) Activity Regulations – Used Cars
Deferred vote to next meeting.
Article 27: Amendment to the Zoning Bylaws, Section 2.3.4 Schedule of Uses – Used Cars
Deferred vote to next meeting.
Article 28: Amendment to the Zoning Bylaws, Section 2.5.5.6 Site Plan Approval Process
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve this article. (Troup – yes, Wysocki – yes, Plante – yes)
Article 29: Feasibility Study for Improvements to the Minuteman Regional Vocation Technical School
Deferred vote to next meeting.
ADDITIONAL ARTICLE
Mr. Troup proposed that an article requesting funds for unforeseen costs for the Public Safety Building be included on the ATM warrant. The article would read as follows:
Article : Additional $35,000 for Unforeseen Costs for the Public Safety Building
To see if the Town will vote to appropriate the sum of $35,000 (Fifty thousand dollars) to offset some of the unforeseen costs needed to complete the Bolton Public Safety Center; and that to meet said capital appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized, pursuant to Massachusetts General Laws, Chapter 44, Section 7(9), or any other authority, to borrow up to that amount; the principal, interest, and associated costs on the borrowing; or do or act relating thereto.
Sponsor: Board of Selectmen
Summary: The Bolton Public Safety Center is scheduled to be completed by mid-June 2010. To assure that the project is completed without cutting back on landscaping needed near the several abutting residences and without giving up needed equipment and furnishings for the Center, the selectmen are proposing additional funding of $35,000 to comfortably finish the project. Items to be completed include a DEP-approved diesel oil fuel tank and its concrete pad to be used for fueling fire trucks and the ambulance. Because the public safety building project has already had a debt exclusion override approved, only a town meeting vote is needed to appropriate these funds.
Board of Selectmen Recommendation:
Advisory Committee Recommendation:
Vote Required: 2/3 Majority
On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to place this article on the ATM warrant for May 3, 2010. (Troup – yes, Wysocki – yes, Plante – abstained)
ANNUAL TOWN ELECTION
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to call an election on Monday, May 10, 2010 and voted to place the following questions on the ballot for the election on Monday, May 10, 2010.
Question No. 1: Shall the Town of Bolton cease assessing the excise imposed under General Laws Chapter 59, Section 8A on certain animals, machinery and equipment owned by individuals and non-corporate entities principally engaged in agriculture? Yes___ No___
Question No. 2: Shall the Town of Bolton be allowed to exempt from the provisions of Proposition two and one-half so called, the amounts required to pay for the bond issued to cover capital costs associated with implementing a permanent regional household hazardous waste facility? Yes ___ No ___
Question No. 3: Shall the Town of Bolton be allowed to exempt from the provisions of Proposition two and one-half so called, the amounts required to pay for the bond issued~for the purchase of a one-ton truck for use in the Department of Public Works? Yes ___ No ___
TOWN ADMINISTRATOR REPORT
Oil leak cleanup: Mr. Lowe reported that the ongoing monitoring and testing for the oil leak at the public safety center would cost another $18,700 for FY10 and $28,000 for FY11. Mr. Lowe will be requesting a transfer from the Advisory Committee reserve fund in the amount of $7,500.
Ethics Certification: Mr. Lowe reported that his staff is 100% in compliance with completing their ethic certification.
BOARD OF SELECTMEN BUSINESS
Massachusetts Public Library Construction Program Request for Payment: The Board of Selectmen signed documentation to receive the final payment from the Massachusetts Board of Library Commissioners grant for the public library.
Municipal Roadway Vegetation Management Plan: The Board of Selectmen signed the yearly operation plan (YOP) of the Municipal Roadway Vegetation Management Plan.
SPACE NEEDS COMMITTEE
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to appoint the following people to the Space Needs Committee, term expiration “upon completion”. (Troup – yes, Wysocki –yes, Plante – yes)
Members:
Harold Brown 779-6402
Evelyn Doerr 779-0756
Panny Gerken 779-6351
Bryan Holmes 978-808-4789
Pam Powell 779-2771
Leigh Shanny 779-6080
Susan Tripp 634-1716
Michelle Tuck 779-7999
Wayne Wetzel 779-5363
Liaisons:
Terry Abdalian 634-1025
Joel Bates 779-2821
Bill Spratt 779-0539
EXPRESSION OF SYMPATHY
The Board of Selectmen expressed their deepest sympathy to the family of Margaret Babcock who passed away. Margaret was thanked for her many years of service as a bus driver and keeping our children safe.
Meeting adjourned at 10:30 p.m.
Respectfully submitted by Linda L. Day