Board of Selectmen Minutes

               

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.

BOLTON PUBLIC LIBRARY PROJECT UPDATE

Present:  Library Trustees Roland Ochsenbein and Bob Zak, Library Director Kelly Collins, OPM Richard Marks, Architects Drayton Fair and Aimee Lombardo Library Construction Committee members John Rodenheiser, and Joel Lindsay and Chris Rogers.

The updated library design was presented to the Board of Selectmen for their review and input.  They are at the end of the schematic design but at a point where they can go back if necessary.  The Board was provided with a list of accomplishments over the 7-8 months.   Mr. Marks stated the goal is to approve a design so they can go out to bid in June of 2008 to meet the projected completion date of September 2009.  Mr. Marks stated that construction costs are down and three projects that went out to bid came in under budget.  

Mr. Fair presented site plans to address the concerns with the parking that was off the library site and broke through the existing stone wall, the entry at a lower grade level, and the preliminary reports that indicated a high water table at 40 inches below grade.   

The Committee studied a number of different site plans to revise the entry and parking.  They proposed flipping the parking to the west side of the property and redesigning the entry and curb cut.  The original driveway will be redesigned to keep the front for overflow parking and emergency vehicle lane.  The existing grades will be modified for the parking lot which will allow for modifications to the grades at the entry level so the main floor level can be accessed from the existing floor level.  

A vestibule will connect the two buildings and provide for access to a 66 seat program room that can be used as a meeting room after the library is closed.  The first floor will include the main library space while the second floor will be dedicated to the children’s library, story and craft rooms.  

The design meets the required 20 foot setback but the structure exceeds the 32 foot height limit.  Alternatives will be explored but a variance from the Board of Appeals may very well be required.   

Ms. Gerken expressed her concern with the natural lighting with the addition being larger than the existing building.  Mr. Fair stated that the design does leave the dormers open to allow for the indirect light.  Mr. Troup hoped that the library addition would look more like the existing building and he noted that the Harvard or Lancaster libraries were additions that look as if they have always been there.  He suggested the old roof be replaced with the same material for the new roof to unify the building.  

Mr. Marks stated that they are exploring green technology and will be meeting with representatives regarding a geothermal heating and cooling system, storm water management and solar hot water.  

Mr. Plante stated he wasn’t sure that the parking was adequate for the size of the building but was pleased with the progress.  He stated the 32 foot height limitation was probably due to the firefighter’s capabilities and the need to have equipment for this height and noted the idea of solar panels would help to save some height space.  Mr. Marks stated that the Fire Chief was comfortable with the site and building design.  Mr. Plante was satisfied with the proposed entrance to the library based on the valid points made with by the architect.  Mr. Marks stated he has talked with the Police Chief about the possibility of a pathway from public safety center to library to provide overflow parking for both buildings.  Mr. Plante also noted that the screening from the abutters is going to be important.  

REPRESENTATIVE WALRATH

Representative Walrath has announced her retirement.  The Board of Selectmen thanked Representative for all the years that she has represented the town faithfully and incredible well.  She will be sorely missed.  Representative Walrath stated that 4 people are running.  

Representative Walrath had her annual meeting with the Board of Selectmen to inform them of issues before the state legislature.  The issues included:  

Chapter 67~~~~ -~ An Act to Reduce the Reliance on Property Taxes Through

Municipal Health Care

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Chapter 68~~~~ -~ An Act to Reduce the Stress on Local Property Taxes

Through Enhanced Pension Fund Investment

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Chapter 82~~~~ -~ An Act Relative to Security Freezes and Notification of

Data Breaches

~

Chapter 110~~ -~ An Act Relative to Payment of Funeral and Burial Expenses

for Firefighters and Police Officers in Performance of Duties

Chapter 143 - An Act Relative to Joint Public Libraries

Representative Walrath stated that she received the letter from the Board of Selectmen regarding the possible bill about violations under the open meeting law.  There was a hearing last June and nothing has been done since then. She spoke to the Committee and it appears if the bill is sent out favorably they will remove the fines imposed against each individual of the board or committee.  

The Governor’s budget was announced on January 23, 2008.  

The Governor reported that the lottery will not have enough funds yet the Treasurer’s office published a document entitled “What you should know about the lottery” which stated that lottery revenues are up from last year.   

The House, Senate and Governor all suggested that the revenue for next year will be up 3.85% from last year.  Since that announcement the last quarter has fallen to 2.2% for the last part of the fiscal year. Regional school transportation is down 10%.  Chapter 70 appears to be up for each community.  The Board of Selectmen will invite Representative back to a Selectmen’s meeting prior to her retirement.

LAVERDURE, 423 SOUTH BOLTON ROAD

Present:  Building Inspector Frank Krysa, Town Planner Jenny Atwood Burney, John Laverdure of Laverdure Construction

Mr. Krysa stated that Mr. Laverdure wishes to demolish the dwelling at 423 South Bolton Road and rebuild on the existing foundation.  Because of past projects Mr. Krysa recommended that Mr. Laverdure meet with the Board of Selectmen for their approval.  Mr. Laverdure provided the Board with pictures of the house that he wishes to demolish and a copy of the demolition permit issued by the Historical Commission.  

Ms. Ross stated that she spoke with Ms. Remington today and while she supports the demolition of the building she is concerned that there should be a public hearing regarding Mr. Laverdure’s proposal.   The Board reviewed plans for the proposed Cape style dwelling.  Ms. Atwood Burney stated the Board of Appeals and Planning Board both determined that as long as they were not going outside the footprint of the existing foundation they did not need to come before the Board of Appeals.  Mr. Laverdure stated that the porch is beyond the foundation on the existing house and on the new house he was going to build it out an additional five feet.   Mr. Krysa stated that there are lally columns on the back of the house that Mr. Laverdure wishes to replace and upgrade.  The Conservation Commission approved the replacement of the lally columns provided no heavy equipment is used to replace them.  Ms. Atwood Burney stated that she looked at two other situations in town – the post office on Main Street and the Cole resident on the corner of Hudson Road and Main Street.  Both of these situations required a variance and special permit.  Mr. Krysa stated Mr. Laverdure’s proposal is different because he considers this request an alteration.  

The Board of Selectmen agreed that the porch on the front of the house would require a variance as it would encroach on the setback to the street. The Board did not have a problem with the porch on the back of the house.  The Board of Selectmen agreed that if it was determined that the foundation had deteriorated a variance from the Board of Appeals would be required to replace the foundation.

ORGANIZATIONAL STUDY RECOMMENDATIONS

Present:  Town Planner Jenny Atwood Burney, Town Treasurer Donna Madden, Conservation Administrator Carol Gumbart, Town Clerk Pam Powell, Assistant Town Clerk Susan Miles, Personnel Committee members Jane Moosbruker and Randy Dinjian, Advisory Committee members David Lindsay and Burt Shnitzler, Board of Health member Chris Rogers

The Board of Selectmen reviewed the recommendations of the Human Resources Study of select town positions prepared for the Town of Bolton by The John W. McCormack Graduate School of Policy Studies at UMass Boston in collaboration with The Ciccolo Group, LLC with assistance from the Metropolitan Area Planning Council.

Ms. Gerken noted that the discussion was of the positions and not of the individual in the position.

Ms. Gerken reviewed the list of recommendations as follows:  

Board of Health Permitting Assistant:  This is a replacement position for the present position that supports the Board of Health.  It will go from Grade 5 to Grade 6.  The hours will be decreased from 30 hours to 25.5 hours.  

Ms. Ross stated that this is an existing position that was not filled when the incumbent resigned.  It is primarily for the Board of Health with duties broadened to assist the Town Planner, Board of Appeals and Building Department which will help coordinate all the land use matters and improve customer service.  The funds for this position are in the budget now.  Mr. Troup and Mr. Plante recommended moving forward with the position.  The title is still being worked on but is an administrative assistant type position.  Ms. Ross stated that the Planning Board and Board of Health are supportive of this position.  Once the staff is in place policies will continue to be improved.  

Immediate Action: On a motion made by Troup and seconded by Plante, the Board of Selectmen voted to proceed with the advertising and hiring of the health and planning assistant to fill the administrative assistant position for the Board of Health/Planning Board.  (Gerken – yes, Plante – yes, Troup – yes)

Ms. Ross will attend the next Board of Health to review and finalize the job description.  

Assistant Town Clerk:  Recommendation is to change the grade from Grade 4 to Change 5 and that the present hours are reduced by 2 hours.  Town Clerk Pam Powell is supportive of this recommendation.  Mr. Troup and Mr. Plante agreed that these changes effective July 1, 2008.   

Assistant Treasurer/Tax Collector:  No changes.

Tax Collector:  Recommendation is to change the position from elected to appointed.  This would require an article at town meeting and a ballot question.  Mr. Troup stated that we have been through this process before where it passed at town meeting and failed at the ballot election. He stressed the importance of educating the voters on the ballot question when it comes time for the vote.  

Ms. Ross noted that if the position remained elected and the tax collector moved out of town she could not keep her position as Tax Collector.  Ms. Ross stated that once the Tax Collector retires it is her recommendation to combine the Tax Collector and Treasurer’s position which would eliminate a benefited position from the budget.    

Mr. Shnitzler, Advisory Committee member recommended that both the Tax Collector and Town Clerk positions be changed to appointed prior to any change in the reporting structure to eliminate any conflicts.   Mr. Lindsay, Advisory Committee member agreed with Mr. Shnitzler’s recommendation and was favorable to the functions to Tax Collector and Treasurer being combined when the present Tax Collector retires.  

Town Clerk:  Recommendation is to change the position from elected to appointed and have the Town Clerk administratively report to the Town Administrator.  The change from elected to appointed would require an article at town meeting and a ballot question.  Ms. Gerken stated that one of the long term issues is that we have been lucky to have qualified people in town and we are getting to point that we may not in the future.  She feels not being able to hire the most competent person because they have to live in Bolton is a constraint.

Mr. Plante stated that this will also allow for improvement on how town hall functions.  

Ms. Ross stated that elected officials do not fall under our Personnel Bylaws.  Town Clerk Pam Powell stated that she understands the recommendation is meant in an administrative way so that the rules are the same for all employees.  

Mr. Lindsay stated he was leaning toward the position staying elected.  He is not sure the loss of diversity and idea is worth the increased efficiency.  Mr. Rogers, Board of Health member agreed with Mr. Lindsay to keep the position elected.  Ms. Madden, Town Treasurer stated that the trend is to convert these positions upon retirement.  

Town Secretary:  Recommendation is that the Grade is changed from Grade 7 to Grade 5 effective July 1, 2008 and the title “Town Secretary” be changed to Administrative Assistant to the Board of Selectmen and Advisory Committee.  

Mr. Troup and Mr. Plante agreed with the recommendation to change the grade and title effective July 1, 2008, and also agreed that we should move forward to define the duties.   There was no proposal to change the salary and they did not support freezing the COLA.

Ms. Ross stated that in the past the Board of Health assistant reported to the Town Secretary but would now be reporting to the Town Planner.  With this change the position is being graded equal to the other administrative assistants.  

 

Ms. Moosbruker stated she did not want to be downgrading and changing the salary of a position with a 20 year incumbent and it was her understanding these recommendations were a long term action.  Ms. Gerken stated that the salary will be frozen and she does not consider that to be downgrading.   

Mr. Lindsay stated he does not have a problem with changing the duties of the Town Secretary but did not see any reason to change the title until the incumbent retires.  He stated that if a COLA is approved all employees should receive the COLA.  He recommended this be a key element of the personnel policy to treat non-union employees the same as union employees.  

Immediate Action:  Ms. Gerken recommended that the Town Secretary’s scope of work be defined to determine what the position will become.

Town Treasurer:  Recommendation is that the Grade be changed from a Grade 9 to a Grade 11 effective July 1, 2008 with implementation of training to prepare for taking on more Human Resources functions.  

Immediate Action: Ms. Gerken also recommended that the Treasurer start taking over more of the human resources functions and attend training courses.  Questions were raised about the actual responsibilities of the treasurer related to the human resource functions.  Ms. Ross stated that benefits, and health and life insurance are handled by the treasurer at this time. Ms. Madden stated that in many towns the Treasurer functions as the Benefits Human Resources Coordinator.

Town Administrator:  No change.

Assistant to the Town Administrator:   Recommendation for a new position to assist the Town Administrator.   Mr. Plante stated the document (book ) prepared by Ms. Ross, Town Administrator that outlined her duties and responsibilities speaks volumes and supported the recommendation for an assistant.  Mr. Troup advocated that the position be included in the budget for FY09.  Ms. Gerken agreed.  Mr. Lindsay stated he could not justify an Assistant Town Administrator for a town with a population of 5,000 but was supportive of an administrative assistant to the Town Administrator starting at 20-24 hours per week.   The addition of this position and the recommendation for a new police officer would be an estimated 8% increase in total town man hours for a population that has hardly increased.  Mr. Shnitzler suggested that the grade of the position be reviewed.   The level of authority and delegation Ms. Ross had been questioned and if it would help to free up some of her time if she had more.  Ms. Ross stated that both the DPW Director and the Police Chief have full-time administrative assistants.  She stated that the Town Secretary has her own duties although she does help and assist where she can with the Town Administrator and Board of Selectmen business.  Ms. Ross stated there are a lot of projects going on and she spends a lot of time writing and reviewing documents and contracts.   She needs to get away from this type of work that can be more efficiently done by someone assisting her so that she can concentrate more on keeping budgets in order, saving money and generating revenue.   Mr. Plante stated that these are discussions based on the consultants report and recommendations, the board is open to comments, and the points are well taken regarding the grades of the position.

Mr. Plante stated the town also needs to understand that we have $14 million worth of projects over the next three years that needs to be managed carefully to avoid any problems.   Mr. Troup stated that it would be helpful if the Advisory Committee would get back to the Board of Selectmen with any additional information they may need so that they can continue to move forward with this recommendation.  

Ms. Gerken recommended that a meeting be scheduled for Thursday, January 31, 2008 to talk about space needs for town employees.   Drawings of the town hall were distributed.  Ms. Gumbart suggested that the staff meet internally to discuss space needs prior to the Thursday Selectmen’s meeting. Superintendent Wood will also be invited to the meeting regarding space needs at the school.  

TOWN CLERK/TAX COLLECTOR SALARIES

Susan Miles, Assistant Town Clerk questioned when the town started putting the salaries of the town clerk and tax collector in the budget because the State law requires that they should be separate articles in the warrant.  Ms. Ross stated that the State law requires that the salaries be set by town meeting and does not have to be as a separate warrant article. Ms. Ross will provide this information to the Ms. Miles.

MEETINGS

The next Tri-Town meeting is scheduled for March 5, 2008.

The Board of Selectmen meeting scheduled for Thursday, March 6, 2008 will be rescheduled for Tuesday, March 4, 2008.

The Board of Selectmen will meet with the Personnel Committee on Wednesday, February 6, 2008 to discuss the organizational study.   Mr. Dinjian stated that review of the Organizational Study and the Personnel Bylaws will decide the future fate of the Personnel Committee.   Ms. Ross will forward the Personnel Bylaw revisions to the Board of Selectmen and Personnel Committee.  

TOWN ADMINISTRATOR REPORT

Performance Evaluation Forms:  The Board of Selectmen recommended that the Police Chief’s performance evaluation form be formatted the same as the Town Administrator’s performance evaluation form.

Cell Tower Bylaw:  The Planning Board would like to pursue an overlay district for existing and proposed cell tower sites for the annual town meeting in May, 2008.  This would include the transfer station site.   Additional sites can be identified for a future town meeting.  The Board of Selectmen agreed to move forward as proposed by the Planning Board.

EXECUTIVE SESSION

On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to go into executive session under Massachusetts General Law, Chapter 39, Section 23B(3) at 9:30 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