Board of Selectmen Minutes
Meeting date:
Thursday, March 13, 2008
Board of Selectmen
March 13, 2008
Present:
Panny Gerken
Curt Plante
Kenneth F. Troup
Jodi Ross, Town Administrator
Linda Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
WARRANT
#08-19 $103,539.12
#08-19a $135,679.00
MINUTEMAN
Mr. Markham, Assistant Superintendent-Director met with the Board of Selectmen to discuss Minuteman’s budget for FY09. Mr. Markham noted the Class of 2007 graduate achievement highlights, and MCAS scores. Enrollment trends are on the positive side although the last two years have had a decline of 44 students. A history of the budget over the past nine years ranged from a 3.25% in fiscal year 1997 to 1.53% for fiscal year 2009.
Bolton’s assessment of $317,066 includes the high school students, the Sawyer teacher and the students from Sawyer that are headed to Minuteman. The FY09 budget shows areas of decreases and increases. Increases that seem dramatic are due to consolidation of line items within several budgets to one line item within a budget. (i.e. technology support shows an increase because other line items within various budgets were consolidated into the technology support line item)
The salary line item which is down $142,010 represents teachers vacating their positions
with only some of those positions being filled.
High School student enrollment is at 11 for FY09 compared to 7 students for FY08. This does not include the 7 students being serviced through the after school exploratory program.
When asked why we are paying twice as much for Minuteman students versus NRSD students Mr. Markham explained that a vocational education is more costly than an academic education. There are different requirements for student/teacher ratios and more expensive because of the types of equipment required for the trades.
The District became involved with Minuteman in 1980. At the time the District had a choice of going with Assabet or Minuteman and they chose Minuteman. Cost per student has been an issue over the years. Less Chapter 70 funds are being received compared to previous years. They are trying to balance revenue from the state with what they think is reasonable to pass along during these very difficult times.
Mr. Markham is available for the May 5, 2008 town meeting.
LION’S CLUB – VOLUNTARY TOLL BOOTH
Present: Andrew Keane
Mr. Keane, member of the Lion’s Club met with the Board of Selectmen to request approval to conduct a Voluntary Toll Booth along Main Street (between Murphy Insurance and the Public Library) on Saturday, May 17th from 9-12 noon. (The rain date is May 24, 2008) Chief Alfano approved of the event and a police officer will be on site. On a motion made by Troup and seconded by Plante, the Board of Selectmen approved the voluntary toll booth. (Gerken – yes, Plante – yes, Troup – yes)
LITTLE LEAGUE PARADE
Present: Joyce Sidopoulos, Vice President of ASA Girls Softball and Lisa Shepple, Opening Day Coordinator
Ms. Sidopoulos and Ms. Shepple met with the Board of Selectmen to request permission to hold the Bolton Youth Baseball parade on Saturday, April 26 at noon. The parade will start at Emerson School parking lot; head out to Main Street and left on to Wattaquadock Hill Road to Memorial field. On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to approve the parade. (Gerken – yes, Plante – yes, Troup – yes)
AGRICULTURAL COMMISSION
Mr. Kovac met with the Board of Selectmen to give them an update on their goals and plans for the upcoming year. Mr. Kovac stated that the Commission does not anticipate requesting any funds from the Town. They have applied for a State grant and await the announcement of the award winners.
The Commission’s goals for the upcoming year include promoting agricultural businesses in town to benefit local farmers, farm stands and farm related businesses; establishing a program to facilitate education for both farmers and residents in Bolton on farming; conducting an inventory of parcels of land in agriculture and merging the data with town’s annual livestock inventory; promoting agriculture through liaison activities with town boards; meeting quarterly with abutting towns on agricultural issues jointly affecting the towns and finding opportunities for funding which support Agricultural Committee’s activities. The Commission’s planned activities include placing signs at all major town entry points indicating that Bolton is a Right to Farm community; preparing an educational brochure to be mailed to all homes and businesses about Bolton’s agricultural heritage, activities, and opportunities to buy local products; designing an Agricultural Commission website that will be linked to the town website and providing information to residents about activities, events and agriculture-based opportunities; an Agriculture Row at the September 2008 Bolton Fair, designed to increase sales and promote agriculture and a Holiday Sale of agricultural products and gifts in November 2008. Ms. Gerken suggested that the Commission contact the July 4th Celebration Committee to see if there is something they can do to participate in the event.
PUBLIC SAFETY CENTER OPM
Mr. Giunta, Public Safety Center Committee chairman reported that they had an informational meeting with the project manager from Maguire Group and the committee is pleased to have them on board. On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to sign the contract between the Town of Bolton and the Maguire Group, Inc. for the Owner’s Project Manager for Professional Services for the Public Safety Center for a lump sum of $175,000. (Gerken – yes, Plante – yes, Troup – yes)
Mr. Giunta reported that the Public Safety Center Committee is scheduled to meet with the Energy Committee on Wednesday, March 19, 2008. A joint meeting of the project mangers for the Library and Public Safety Center projects will be meeting with Ray Willis project manager for the installation of the force main.
ATM WARRANT
The Board of Selectmen reviewed the annual town meeting warrant. Points of discussion included:
Article 6: Tax Title Transfer – This article will be sponsored by the Board of Selectmen versus the Treasurer.
Article 7: Amend the Personnel Bylaws – The entire Personnel Bylaw as amended will be printed in the ATM warrant. The majority of changes are administrative. Any changed benefits will be explained in the summary. Selectmen will review the language at the next meeting. Employee meetings will be held to explain the bylaw and will be posted to the website.
Article 8: Tax Collector to become an Appointed Position and Article 9: Town Clerk to become an Appointed Position - If these articles pass at town meeting they will be voted on by ballot at the annual town election in May 2009. The summaries will be expanded to explain the process.
Article 11: Amendment to the Zoning Bylaws, Section 2.5.7 Wireless Communication Bylaw – The Town’s public safety tower on West Berlin Road was removed from the overlay district because when the parcel on West Berlin Road was purchased for the public safety tower a pledge was made to the residents that it would never have a commercial tower. It is a radio tower for public safety and not considered a wireless communications tower.
Article 12: Acceptance of Oak Trail – This article may be passed over if all requirements of the Planning Board are not met. It will also be clarified as to whether it is “Oak Trail” or “Oak Trail Road”.
Article 13: Town Easement for Dry Hydrant on Salt Box Property – The address of the Salt Box property will be added to the article title.
Article 14: Town Easement for Drainage at 155 Nourse Road
Article 15: Transfer of Borrowed Funds to Construct a Sewer Force Main – The language is as voted for the design. The treatment plant will not be entirely finished. Mr. Plante recommended that language be added to the summary confirming that both the Library Construction Committee and Public safety Center Committee committed to putting $50,000 each towards the force main project. Selectmen agreed it was their understanding that the Committee’s agreed to the $50,000. Mr. Giunta stated that his committee voted to put $50,000 toward the force main construction.
Ms. Ross noted that the Selectmen had the force main contract. A cost will not be available prior to the ATM going to print but will be available for town meeting. The price for contract
Article 16: Purchase of two used 6 wheeler trucks – Selectmen are agreeable to the purchase of 2 used trucks. Mr. Lindsay recommended a 4 year borrowing and debt exclusion for the trucks. A 3 year borrowing was agreed upon. Mr. Lindsay was satisfied with this especially with the information he received at tonight’s school committee meeting that voted a further $321,000 reduction (beyond the tier 4) in the school budget. Bolton assessment is $103,000 less than what is reflected in the current budget. The exact assessment is $10,612,936.
Article 17: Purchase of a Skid-Steer Loader – Mr. Troup was satisfied with the article on the warrant and felt it was an opportunity for the town to vote on whether they wanted the center of town sidewalks cleared. Mr. Plante was not in favor of the article as it was his opinion that the DPW has been able to manage the clearing of sidewalks with the snow blowers. Ms. Gerken was not adverse to leaving the article on the warrant to allow the town to vote. Mr. Lindsay recommended suggested a 5 year borrowing and debt exclusion and further suggested that the loader be lumped together with the borrowing for the trucks. Mr. Brown stated that the skid-steer would make the clearing of sidewalks easier and safer for his men. It takes approximately 9 man hours to clear the sidewalks. Mr. Brown confirmed that the loader comes with other attachments including a sander, brook and bucket and could be used for other seasons. Vote on article was deferred to next meeting.
Article 18: Continuation of Cleanup of Gasoline Contamination - Clean up of Gasoline contamination article: There is a balance of $33,000 left in an existing article. Mr. Brown anticipates he will need a total of $78,000 to finish the project and therefore requests the $45,000 for this article. Mr. Brown will provide the Board of Selectmen with a breakdown.
Article 19: Golden Run Road Engineering - It was noted that there was a bus that slid on the ice in the cul de sac on Quail Road that had nothing to do with the drainage issue being discussed. Mr. Brown stated that DPW did sand the cul de sac and they are watching it closely. Mr. Plante stated that when Quail Run was built a new design was implemented to eliminate the catch basins and additional costs associated with cleaning out the catch basins. It is his opinion that there is a design flaw and they did not take into account freeze thaw during the winter time. Ms. Remington’s stated she feels the Town has done everything they can to make road viable and safe. The Selectmen were provided with quotes received by DPW for the engineering that ranged from $4,000 up to $22,000. The amount of $15,000 will be put in the article for the engineering study. The article will be worded to clearly identify the study is for the intersection of Golden Run Road and Quail Run Road.
Article 21: July 4th celebration - Ms. Day informed the Selectmen that Mr. Teague had requested that the funds requested in this article be increased from $5,000 to $6,000.
Article 22: Acquire Bonazzoli land – The Selectmen’s opinion is that this should be bonded.
Article 23: Stabilization fund - The Board of Selectmen agreed to pull this article.
BUDGET DISCUSSION
Present: Ms. Madden, Town Treasurer
The Board of Selectmen agreed that Ms. Madden could proceed with the borrowing for the Library and Public Safety Center at $3.125. Ms. Madden stated that once she starts the procedure there is no turning back.
CONDYNE SIGN
Ms. Remington met with the Board of Selectmen to discuss the new Condyne sign that replaced the Flatley Company sign on Main Street. Ms. Remington was disappointed with the blue plastic sign that is illuminated all night. She noted that it is in a Massachusetts Historical District although there aren’t any violations relative to the Historical Commission. Ms. Ross stated she had informed Ms. Remington that the Selectmen had raised the same concerns when they reviewed the request for the sign. Ms. Ross agreed to contact the Condyne Company and let them know of the dissatisfaction with the sign. The Selectmen also agreed that in the future they will be sure to notify the Historical Commission when reviewing sign requests.
FUEL DIFFERENTIAL
Present: Mr. Brown, DPW Director
Mr. Brown met with the Board of Selectmen to discuss the fuel differential that was brought to their attention when Mr. Brown submitted bills for payment to the contractors for December and January. Mr. Brown stated that he has been paying this fuel differential since FY05 and it is calculated based on a formula provided by Mass Highway which changes as the price of fuel changes. Mr. Brown stated that Clinton pays the state rate. The only minutes found that reference approval of a fuel differential were Advisory Committee minutes dated January 24, 2006 that stated the Advisory Committee was favorable to paying a fuel differential. There were no Selectmen minutes found that support the approval of the surcharges. Mr. Brown stated that a one ton truck gets $68.00 per hour, a ten wheeler gets $101 per hour, a six wheeler with a plow gets $96.50 per hour and one truck with a one all wheel truck gets $130.25 because he has a sander and level foot angle plow. Fuel charge is based on the number of hours. The Selectmen felt that contractors were being treated fairly and were agreeable to an appropriate fuel charge based on the rising costs of fuel. Ms. Ross agreed to put a message out to the Mass. Managers to see what they are paying contractors and if they are paying fuel differentials. Mr. Plante would like the town to receive a credit for over payment to the contractors. Mr. Brown stated that the contractors invoice the DPW for their hours but they do not include the surcharge as the contractors are not aware of the surcharge that changes on a monthly basis. On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to hold off on payment of any fuel charges until they can reach a decision after receiving additional information from the Highway Department. (Gerken – yes, Plante – yes, Troup – yes). The Selectmen asked for additional information including: invoices paid for fuel surcharges, what has been paid to the contractors irrespective of the surcharge for the last three years of their contracts, fuel slips from the contractors and what fuel charges have been paid, a summary of total hours per type of truck, information from Clinton as to how they pay their contractors and a copy of the surcharge information from the state website. Mr. Brown recommended that the Board of Selectmen meet with all the subcontractors. Mr. Plante is the liaison to the department and it would be appropriate for him to meet with them when the time comes.
TRUCK GROUND CONTROLS
Mr. Brown stated that in FY05 there was 114 inches of snow and they sent trucks out 42 times and in FY08 there was 115 inches of snow to date and they sent trucks out 53 times. They have hauled out 499.25 loads of material. In FY05 salt was $42.48 per ton; and spent $159,874. 500 ton of what we had was under the $42.48 and our cost now is $53.33 which is a 26% escalation. This year he has spent $101,700 versus $159,984. We have spread less salt this year than we did in FY05 due to the fact of putting the ground controls on the trucks have paid for themselves many times over. He does not see this to be a result of the sand salt ratio.
SNOW AND ICE DEFICIT
On a motion made by Troup and seconded by Gerken, the Board of Selectmen voted to approve Mr. Brown overspending his budget by $50,000 for expenses for snow and ice removal and does not include fuel charges. (Gerken – yes, Plante – yes, Troup – yes)
MUNICIPAL SOLID WASTE TRUCKING AND DISPOSAL
Mr. Brown went out to bid for the municipal solid waste trucking and disposal. The low bidder was PB Trucking, Inc. out of Ashland with $81 per ton and $105 per haul for FY09; $82 per ton and $105 per haul for FY10 and $83 per ton and $110 for FY11. On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to accept this bid. (Gerken – yes, Plante – yes, Troup – yes). Mr. Brown stated that it is his recollection that PB Trucking puts a surcharge on fuel. Ms. Ross does not recall a fuel surcharge being in the contract and she will be sure that this is made clear.
FORCE MAIN
Ms. Ross reported that 5 bids were received for the Request for Qualifications for the Professional Engineering for the design of the force main for the library and the Public Safety Center. The bid came in at $39,800.
On a motion made by Gerken and seconded by Troup, the Board of Selectmen the Board of Selectmen voted to approve the contract. Mr. Plante stated that his concern with the contract is that it is with a very small start up firm and he is concerned that they can do the job in the amount of time that is allotted. There is a paragraph in the contract which discussed the performance but there is not a penalty if they are late. His other concern is that the goals they have are date specific but do not have breakdown of $39,800 as their milestone. He would be willing to approve the contract pending an agreeable sequence of payments based on the milestones spelled out in the contract to assure they don’t front load the contract on work performed. Ms. Ross expects progress payments and payments would not be released until the work has been completed. Ms. Ross agreed to go back Onsite Engineering and request they provide a progress payment schedule based on the milestones. With this additional information, the Mr. Plante was in favor of the contract. (Gerken – yes, Plante – yes, Troup – yes)
FORCE MAIN UPDATE
Mr. Troup reported that the Wastewater Treatment Plant Committee met with the Onsite Engineering last week to review their plans. They want to meet with the project managers of both the Library and Public Safety Center to be sure they were all on the same page as far as the route and what each party was doing. They are very confident that they can meet the schedule of getting us the information for town meeting.
DRAFT LEASE FOR THE CELL TOWER
Ms. Ross provided the Board of Selectmen with a draft lease for the cell tower and asked that they review the document and provide her with comments over the next week or so. Previous town meeting approval was received to enter into a lease with Verizon. The upcoming Annual Town meeting is seeking permission of the overlay district. If this passes the project can proceed.
EXECUTIVE SESSION
On a motion made by Gerken and seconded by Troup, the Board of Selectmen voted to go into executive session under Massachusetts General Law, Chapter 39, Section 23B(3) at 10:15 p.m. to discuss contract negotiations. The Board will not reconvene to open session. (Roll Call: Gerken – yes, Plante – yes, Troup – yes)
Respectfully submitted, Linda L. Day