Board of Selectmen Minutes
Meeting date:
Thursday, January 17, 2008
Board of Selectmen
January 17, 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.
Present: Advisory Committee members David Lindsay and Burt Shnitzler
The Board of Selectmen expressed their deepest sympathy to the family of former Tax Collector Thelma Smith who passed away. Ms. Smith will be missed.
ADVISORY COMMITTEE RECOMMENDATION – CAPITAL PROJECT BONDING SCHEDULE
Advisory Committee members David Lindsay and Burt Shnitzler, Town Treasurer Donna Madden, Town Accountant Julie Costello, Bond Counsel Mary Carney, Senior Vice President, of First Southwest Company and Abby Jeffers, Assistant Vice President, First Southwest Company.~
Mr. Lindsay proposed borrowing early to fund the library and public safety center projects which total approximately 9,485,000. Although the presentation given at the Special Town Meeting suggested phasing the financing over 4 years for the library and public safety center projects it was Mr. Lindsay’s recommendation to take advantage of the low interest rates and borrow $2 million now.
Ms. Carney stated that the rates are a record low and recommended borrowing $5 million. Ms. Carney stated that the cost to issue a bond at a larger amount would not change much. To borrow $2 million would cost $37,505 and to borrow $5 million would cost $49,025. She also stated it would not be subject to arbitrage laws. There would not be any incremental costs for the audit.
Mr. Troup stated it would be helpful if Mr. Lindsay could provide the tax impact for borrowing the $5 million. Mr. Plante expressed his concern that this was a proposal not presented at town meeting. Mr. Troup did not see a problem with the proposal as long as a savings could be shown for the town.
The Board of Selectmen agreed to revisit this topic of discussion on March 7, 2008 to make a decision.
PARCELS IN TAX TITLE
Conservation Administrator Carol Gumbart, Town Treasurer Donna Madden, John and Rona Balco, residents
Ms. Madden reported she is working to clear up approximately 21 tax title properties with Land Court. Approximately 13 of the tax title processes will be expedited via the land of low value process.
Ms. Gumbart informed the Board of Selectmen of the Landreth parcel that has been released from Land Court after many years. It is a 5 acre piece of land adjacent to the Still River.
The Balco’s, Friends of the Oxbow are very pleased to have this property released. All towns along river are trying to protect the river and this will help to connect properties to make a corridor along the Nashua River.
As part of the process the property is released to the Treasurer who can then convey the property to the Board of Selectmen via an article on the annual town meeting warrant. The Board of Selectmen then has the authority to convey the property to the Conservation Commission. Any funds needed for the tax titles will be taken out of the legal budget. A placeholder for the purpose of resolving the tax titles will be added to the warrant.
FOX RUN ROAD CONSERVATION RESTRICTION
Carol Gumbart, Conservation Administrator
Ms. Gumbart requested the Board of Selectmen’s approval for an amendment to two Fox Run Road conservation restrictions. Ms. Gumbart explained that the Town and the Bolton Conservation Trust jointly accepted a conservation and trail easement over open space land in the Pleasant Ridge Subdivision (aka Fox Run Road). This amendment was accepted by everyone in 2004 and was never acted on by the State. The amendment is virtually for the same amendment proposed in 2004 which is to relocate the trail on 194 Fox Run Road because it was too close to the well and to relocate the trail on 99 Fox Run Road because of a lot reconfiguration. The two amendments will allow for two 15 foot wide trails to be relocated on the same lots but in different locations.
Ms. Gumbart stated the residents objected to marking the trails. The Board of Selectmen recommended that the trails be marked and suggested a policy for trail signage.
Mr. Plante stated that Powder Hill Road has entrance signs on the trails.
On a motion made by Troup and seconded by Plante, the Board of Selectmen approved the amendment to the Conservation restriction. (Gerken – yes, Plante – yes, Troup - yes)
CELL TOWER OVERLAY DISTRICT
Present: Town Planner Jenny Atwood Burney, Planning Board member John Karlon and Conservation Administrator Carol Gumbart
Ms. Atwood Burney met with the Board of Selectmen to discuss the option of creating an overlay district for wireless communications towers. The Board was provided with a list of town owned parcels. The overlay district would allow for certain properties - including existing sites such as the town transfer station - to be included in the overlay district.
Ms. Atwood Burney stated that Sudbury has identified 5 properties all of which are in residential districts. Lincoln is also looking at alternatives. Ms. Ross stated that overlay district is not intended to add cell towers all over town. At the Selectmen’s request, Ms. Gumbart will talk with the Conservation Commission to see what their thoughts are in regards to existing conservation land being within an overlay district. Town Counsel may have overlooked the pre-existing use of the transfer station site. Ms. Atwood Burney will continue to do some research regarding the transfer station site. She will keep the Board of Selectmen informed of her findings.
ANNUAL TOWN MEETING REVIEW
The Board of Selectmen reviewed a draft warrant for the Annual Town Meeting in May. The warrant is very preliminary. Review and revisions will continue to be made during the budget process. Articles include:
Article 1: Accept Annual Reports
Article 2: Fiscal Year 2009 Operating Budget
Article 3: Amendment to the Zoning Bylaws, Section 1.9.1 Dog and Kennel Bylaw
Article 4: Amendment to the Personnel Bylaws
Article 5: Acceptance of Oak Trail
Article 6: Amendment to the Zoning Bylaws, Section 1.10 Removal of Soil, Loam, Sand and Gravel
Article 7: Amendment to the Zoning Bylaws, Section 2.5.7 Wireless Communication Bylaw
Article 8: Acceptance of Massachusetts General Law, Chapter 32B, Section 3
Article 9: Hold Harmless Easement for Dry Hydrant –
Article 10: Continuation of Cleanup of Gasoline Contamination
Article 11: Replacement of septic system at DPW Barn
Article 12: Purchase of a new 6 Wheeler 40,000 GVW Truck & Body for the Department of Public Works
Article 13: Acceptance of Permanent Easement (dry hydrant)
Article 14: Golden Run Road Engineering
Article 15: Engineering Study for Horse Ring
Article 16: Acquire Bonazzoli Land
Article 17: Contribute to the stabilization fund
Article 18: Authorize Town Election
SNOW AND ICE BUDGET
Ms. Ross reported that Mr. Brown has depleted the snow and ice removal budget and
then some. On a motion made by Troup and seconded by Gerken, the Board of Selectmen voted to approve Mr. Brown to overspend his budget up to $50,000 for snow and ice removal. (Gerken – yes, Plante – yes, Troup – yes)
Ms. Ross stated that Harvard has spent $89,000 as of December 31, 2007 although there have been three snow storms since then. They use all in-house people and have more roads in Harvard. They do have problems but appear to be spending less than Bolton.
The Board of Selectmen will continue to analyze the DPW’s snow and ice budget to determine ways to best manage the difficult task of snow removal and related expenses.
PERFORMANCE REVIEWS
Police Chief Performance Evaluation: Ms. Ross provided the Board of Selectmen with a copy of the police chief performance evaluation form. The ratings are in letter format versus number format. Ms. Ross stated that she and Chief Alfano agreed that the rating was not as important as the Selectmen identifying what they are doing, what they are doing well and what they would like them to do better. The Board of Selectmen will review the form and provide any suggested revisions prior to Ms. Ross evaluating Chief Alfano.
Town Administrator Performance Evaluation: The Board of Selectmen will be writing the Town Administrator’s performance evaluation. Members of the Board of Selectmen will provide their input to one member of the Board who will present the performance evaluation to Ms. Ross. Ms. Ross will provide the Board of Selectmen with her accomplishments.
DPW Performance Evaluation: The Board of Selectmen will provide Ms. Ross with comments in the next week or two so that she can complete the performance evaluation of Harold Brown, DPW Director by February 15, 2008.
ANNUAL REPORT
Mr. Troup will prepare the annual report.
TOWN ADMINISTRATOR REPORT
Emerson Burner: Ms. Ross reported the cost of the burner came in at $8,000 and will be paid for by the school district. The burner will be installed on Saturday to avoid having to close the school. On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to rescind their vote to approve the expenditure out of the town budget in FY08. (Gerken – yes, Plante – yes, Troup – yes)
Bonazzoli property: Ms. Ross reported that she has been contacted by the MBTA and they are trying to determine the property lines and ownership.
Pat Bensetler – request for meeting with Board of Selectmen: Ms. Gerken agreed to contact Ms. Patricia Bensetler of 674 Main Street who has requested a meeting with the Board of Selectmen regarding the sidewalks.
Treatment plant operations costs: Ms. Ross reported that she met with Mr. King, Assistant Superintendent of the NRSD and he offered to pay 50% of the operating costs for the wastewater treatment plant. This would amount to approximately $12,000 being paid by the school district and $12,000 being paid by the town. Mr. King stated he did not feel the district should have to pay the entire cost to operate the treatment plant when it was a municipal treatment plant. Mr. Plante stated that the primary reason the plant was built was for the schools and having the additional flow of the municipal buildings through the summer months was beneficial to the district. A motion made by Mr. Plante to approve of the district paying 75% and the town paying 25% of the operating costs for the wastewater treatment plant until the usage could be determined was not seconded. Ms. Gerken stated that the reality is the town owns the building and therefore we have to provide for the septic. Mr. Troup suggested that the school district pay the higher percentage and monitor the flows as a basis for determining the flows once the municipal buildings are on line.
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted not to accept Mr. King’s offer. Ms. Ross will continue to discuss the matter with Mr. King.
MAIL BOXES ALONG MAIN STREET
The Board of Selectmen reviewed the sketch provided by Mr. Plante for the design of mailboxes along Main Street. Mr. Plante priced out materials to be under $100.00 and the cost to core the asphalt, drill out the gravel and pound in the stake to be approximately $150-175. The Selectmen discussed the option of having the DPW drill the hole and the resident being responsible for the post and mailbox. Mr. Plante stated he would allow the DPW to use his core wet drill if they purchased the bit which would cost approximately $250. Ms. Ross offered to write a mailbox policy, possibly with the help of the Public Ways Safety Committee.
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 9:35 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