Board of Selectmen Minutes

Board of Selectmen                              Present:        Curtis Plante

September 18, 2008                                              Kenneth F. Troup

Stanley Wysocki

                                                Linda L. Day, Town Secretary

The Board of Selectmen met at the Town Hall at 7:00 p.m.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen approved the minutes of June 11, 2008, July 7, 11 and 14, 2008 and August 12, 2008.  (Plante – yes, Troup – yes, Wysocki – yes)

PUBLIC HEARING

Present:  Carol Gumbart, Conservation Commission Administrator, Jenny Atwood Burney, Town Planner, Andy Candiello, Agent to MetroPCS; Ben Orichi, Radio Frequency Engineer, Claudette Peden, MetroPCs Representative

A public hearing was held at 7:00 p.m. to act upon the application of MetroPCS to add equipment to the existing wireless communications tower pursuant to Section 2.5.7 Wireless Communication Bylaw of the Zoning Bylaw of the Town of Bolton.  MetroPCS proposes to co-locate (6) wireless communication antennas along with the associated wires and ground equipment.   The property is located at 41 Main Street.

The six (6) proposed antennas will be situated at a height of approximately 98 feet on the existing 150’ monopole tower.  The equipment cabinets, backup cabinets will be installed inside the existing fenced in compound on a 10 X 16 concrete pad.  

Mr. Candiello provided a revised project narrative correcting minor typos as outlined by Ms. Atwood Burney in her memo dated September 15, 2008.  Ms. Atwood Burney also recommended that a bond be provided for removal of MetroPCS equipment from the property.  Mr. Candiello agreed to this recommendation and a provision will be included in the lease agreement related to this matter.

In a memo dated September 12, 2008, Ms. Gumbart stated that a Notice of Intent will need to be filed pursuant to the Massachusetts Wetlands Protection Act and Bolton Wetlands Bylaw.   The proposed work includes the installation of a 16x10 concrete pad and mounting of four cabinets on the existing compound that is located within the riverfront areas associated with a mapped perennial stream.  The site is also within the Priority Habitat of Rare Wildlife.  The Commission is interested in knowing how the project will be constructed, how they plan to access the compound and were concerned about the incremental increase in impervious area within the compound and potential construction impacts on wildlife habitat.  

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the special permit to add Metro PCS to the AT&T Tower and execute the AT&T sublease document contingent on receipt of the bond for removal of equipment owned by MetroPCS with the amount being approved by Jenny Atwood Burney, Town Planner.  The approval is also contingent on the condition that there are only minor changes to the site plan after review of the Notice of Intent with the Conservation Commission.  The Board also accepted the applicants request for a waiver of the site plan review by the Planning Board.  (Plante – yes, Troup – yes, Wysocki – yes)

FRIENDS OF THE LIBRARY SIGN

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the request from Pam Kaminski for a sign advertising the Authorsfest on Saturday, October 4, 2008.  The sign is 6 feet by 2-1/2 feet wide and will be placed on the lawn of the library.  Mr. Sauvageau, Building Inspector has approved this sign.   (Plante – yes, Troup – yes, Wysocki – yes)

APPLICATION FOR THE STATE SEWAGE RELIEF FUND

Mr. Troup reported that an application for the State Sewage Relief Fund has been completed for the sewage treatment plant and the force main.  There is some controversy as to whether we are eligible or not, but the consensus was to apply.

 

CERTIFICATION OF SUBSTANTIAL COMPLETION – SEWAGE TREATMENT PLANT

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to sign the Certification of Substantial Completion.  (Plante – yes, Troup – yes, Wysocki – yes)

POLE HEARING

Present:  Iris Price and Nathan Walsh, and Rick Farrell, representatives of National Grid, Mark Caisse, Tree Warden, Harold Brown, DPW Director, Tim Murphy, and Elizabeth and David Calcagni, abutters, Al Ferry, president of the Conservation Trust.

The Board of Selectmen held a public hearing at 7:15 p.m., on the petition of Massachusetts Electric Company to install 3 SO poles on Old Bay Road beginning at a point approximately 993 feet east of the centerline of the intersection of Ballville Road and continuing approximately 260 feet in an easterly direction.   

Ms. Price stated that the existing circuit is on overload and in order to move the overload from one circuit to another three new poles must be installed.  This will allow the circuit to be relocated to pick up one customer that has petitioned National Grid to correct the problem.  The three new poles are to decrease the power outages on Old Bay Road.  Mr. Walsh stated that the placement of the poles and addition of 500 feet of wire to the existing 4,500 feet will link all of the customers on Old Bay Road.  The 500 feet of wire will enable them to pick up customers from feeder one and put them on feeder two.  They have existing switches to redirect the customers from the old to new area.  

Mr. Walsh stated that the outages are due to more natural causes such as squirrels and branches as opposed to overload.   Mr. Plante noticed that quite a bit of clearing had been done near the wires except for at one location.  Mr. Farrell stated that a company was sent out to storm proof the area that is giving them trouble and the property owner had not given permission as yet for the trimming.  Mr. Farrell stated it is still work in progress.  

Mr. Brown, DPW Director stated that two vehicles can not pass in the area where the poles are proposed to be installed.  Ms. Price stated the poles are staked and Mr. Murphy stated that one of the stakes has already been run over.  

Mr. Caisse, Tree Warden stated that the electricity flows two ways on Old Bay Road.  He has lived on Old Bay Road for 16 years and outages have only affected Old Bay Road twice – once in 2005 and once in 2008.  He understands the Calcagni’s frustration because every time they lose power he loses power.  As Tree Warden he is concerned about the tree trimming as well as the pole placement on the scenic road.

Ms. Calcagni stated that they have experienced many power outages in 2006 and they raised their concerns with National Grid.  National Grid has been very responsive and repairs were made through June of this year.    There have been 19 power outages at their home since 2006.  They do not want to make the environment unsafe but they would like the Selectmen’s support in what they feel is inadequate electric service.

Ms. Price stated that the only way to rectify this is the placement of three new poles to close the gap.  Mr. Walsh anticipates the outages going from 8 to 9 outages per year to less than 1.  There are mitigation plans in the making to be accomplished over the next year few years.

Mr. Troup questioned the tree cutting involved with placement of the poles and what is the proposed distance from edge of road for the placement of the poles.

Mr. Caisse, as adjacent landowner, stated that there is a bottleneck in this area and it is very narrow.  Quite a few years ago a couple of trees were removed to alleviate the bottleneck. Mr. Caisse anticipates having to remove three trees and the removal of one side of a large sugar maple.  Mr. Caisse provided pictures to the Board of Selectmen.  As a resident of Bolton Mr. Caisse does not feel the impact of the scenic road is not justifiable for 11 accounts.  Mr. Murphy agreed with this.  Mr. Ferry is also opposed to the poles.

Mr. Calcagni stated that the speed is a legitimate and separate issue for the Police Department to deal with.  They feel they are being held hostage by National Grid and just want better service.  

Mr. Wylie asked what the alternative cost would be to put the poles underground and Ms. Price did not feel there was any reason to do that for 500 feet and stated it would be very costly.

Ms. Remington, Historic Commission is not in favor of having the 3 poles installed and recommended the customers purchase a generator.

Mr. Caisse stated that they would proceed with a scenic road hearing if the proposal is approved this evening.  

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to continue the hearing to Thursday, October 2, 2008 at 7:00 p.m. so that they could make a site visit   National Grid was also asked to come back with alternatives that could potentially alleviate the problem.  

VIN GATELY, SUNSET RIDGE CONDOMINIUMS SIGN REQUEST

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve a 7 foot by 5 foot temporary marketing sign installed at least 20 feet from the road pavement at 342 Wattaquadock Hill Road.   The sign will be up for a couple of years.  Mr. Gately was informed that he must obtain a building permit for the sign.  (Plante – yes, Troup – yes, Wysocki – yes)

BOLTON FAIR

Ms. Rose Darden, President and Fair Manager met with the Board of Selectmen regarding the proposed plan to close Route 117 for the Bolton Fair on the Lancaster Fairgrounds.  The road will be closed on Saturday, September 27, 2008 from 8 to 12 a.m. and Sunday, September 28, 2008 from 8:00 a.m. to 7:00 p.m. at the intersection of Route 117 and Route 110.  There will also be a one hour closing on Friday, September 26, 2008 from 9:15 p.m. to 10:15 p.m. for the fireworks.  A detail officer will be in place at the intersection during the road closure. The Board of Selectmen recommended that signage notifying people of the road closure be placed on the road prior to reaching the intersection.  Ms. Darden was favorable to the suggestion and will provide additional signs.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen approved the proposed plan for the road closure. (Plante – yes, Troup –yes, Wysocki – yes)

PUBLIC WAYS SAFETY COMMITTEE

Public Ways Safety Committee members Barbara Bing, Mary Ciumino and Leslie Breeze met with the Board of Selectmen.

The Public Ways Safety Committee members recommended the replacement of the school zone flasher lights in the center of Bolton to improve safety and visibility.  A cost estimate was received from Republic ITS of $7,540.  This is the same company that installed the school zone flasher lights on Route 117 in Stow.  The Public Ways Safety Committee voted to put the balance of $3,494.11 in Article 3 of the November 18, 2008 Special Town Meeting toward the replacement of the school zone flasher lights if this was approved by the Board of Selectmen.

Chief Alfano and DPW Director Harold Brown do not have any funds available and did not think replacement of the existing sign was the best use of town funds.

 

Ms. Breeze stated that the other issue is the timer constantly goes out and the proposed flasher would work off of a digital system which is easier to adjust.

The Board of Selectmen recommended that the Committee look in to the possibility of changing out the lenses or bulbs rather than replacing the entire flasher lights.

Chief Alfano also suggested that the Public Ways Safety Committee contact the School District to see if they have any funds to contribute toward the project.

The Public Ways Safety Committee will come back to the next Board of Selectmen’s meeting with an update.

BEAVER DAM

Present:  Carol Gumbart, Conservation Commission Administrator, Rona Balco, Harold Brown, DPW Director, Chief Alfano, David Wylie

Mr. Plante reported that about a week ago the DPW and Police Chief were notified about the beaver dam on Green Road conservation area.  The Board of Selectmen have also received several letters of concerns from department heads stating that it is an emergency situation in light of the recent damage on Forbush Mill Road which occurred from the breach of a beaver dam.  This breach caused several thousand dollars of damage to Forbush Mill Road and the closure of the road for several days.  There have been 3 site walks of the Beaver Dam on Green Road, with the Conservation Commission, Emergency Management, DPW, Chief Alfano, Rona Balco and other concerned neighbors.  At that time it was determined to try to mitigate a potential hazard in that area.  On Tuesday, September 16, 2008 the Board of Health did a site visit. The Board of Health along with the Conservation Commission are the governing bodies in charge of this situation.  A site visit took place on this day with Mike Callahan, of Beaver Solutions to get his input on recommendations for a plan.   

Mr. Callahan stated to Ms. Gumbart and others at the site visit that he could not give a guarantee that nothing will happen to the dam and there are various circumstances to cause it to breach or blow out and did not feel it is an imminent threat.

Ms. Gumbart expressed the concern to Mr. Callahan about the amount of water being held back and damage it could cause if breached.  Mr. Callahan proposed a 10 inch round diameter pipe be put in the channel area to allow the water to be lowered.  

Chief Alfano stated he does not have a problem with the beavers but considers this beaver dam to be a threat to public safety.  Mr. Brown stated that he has expended approximately $9,275.00 on the repair of Forbush Mill Road as a result of the beaver dam breach.  Mr. Brown provided a plan of the area of the Green Road beaver dam and feels the entire area would be impacted if the dam water level was not lowered.

Mr. Plante stated he has been informed that the Board of Selectmen has no jurisdiction on beaver dams on conservation land and it is strictly a Board of Health and Conservation Commission issue.  Ms. Gumbart stated that the Conservation Commission does not own all of the land that the dam is on and she is in touch with the abutter who does own a significant part of the land.  Whatever decisions the Conservation Commission makes also involves these abutters.

Mr. Lindsay urged the Board of Health to be very open to getting rid of the beavers.

Mr. Plante stated he is not saying he wants to get rid of the beavers but to get rid of the potential public safety threat.  Mr. Wysocki agreed with Mr. Plante’s statement that it is not the intent of the Board of Selectmen to get rid of the beaver but does pose a public safety threat to manage the situation.  

Ms. Gumbart stated that the Conservation Commission is presently drafting an application to breach the dam.  A breach should not have been done without this application in place.   

Ms. Balco suggested that a bigger culvert pipe be installed on Green Road to be the same size as the others going down Green Road. Mr. Brown stated that if this culvert pipe is changed all other culvert pipes will need to be changed.

HAROLD BROWN, DPW

Police Station boiler:  Mr. Brown reported that the leak in the boiler at the police station was not covered by insurance because the leak was caused by rust because of its age.  Mr. Brown received three bids for the replacement of the boiler and the bid was awarded to Lutes and Sons for the amount of $4,825.00.    Each building has a $3,000 budget for repairs.  The Police Station’s budget was depleted for this boiler replacement and the additional $1,825.00 will be taken from another building budget.  Mr. Lindsay stated that the balance of $1,825 is something the Advisory Committee reserve fund would cover.  Mr. Brown will see how the year goes and come back to Advisory Committee if necessary.

Heating oil:  The Board of Selectmen was in favor of the heating oil contract with Knight Fuel for $4.09 per gallon.  Interim Town Administrator Michelle Ciccolo will sign the contract.

Snow plowing rates:  Mr. Brown provided the Board of Selectmen with the State contract for snow plowing rates.  Mr. Brown spoke with three different towns that basically follow the State rates and the same increments in fuel adjustments.  There are a few towns that don’t pay fuel adjustments but pay a higher rate.  Mr. Plante proposed reviewing the information provided by Mr. Brown and reporting back with a recommended proposal at the next Board of Selectmen meeting.

NASHOBA BASKET BALL LEAGUE

Present:  Sam Peirce and Gary Manyak of the Nashoba Youth Basketball League, Michael Wood, Superintendent, George King, Assistant Superintendent,  Cathy Giunta, School Committee member

Mr. Peirce stated that Bolton Hoops started 6 years ago out of a need for a youth basketball program in the district of Bolton, Lancaster and Stow.  Since then the association has changed their name to Nashoba Youth Basketball and includes the towns of Bolton, Lancaster, Stow, Maynard, Berlin and Harvard.

The league was notified during the summer by the district informing them of a user charge which has always been in the policy but not enforced.  Originally the fee was to be $25.00 per hour at an estimated 600 hours of gym time that would come up to approximately $15,000 per year.  A fee of $3,000 was negotiated for the year with the stipulation that the fee be waived if the league could be recognized by the town as an agency of the Park and Recreation.  Supt. Wood requested the league be placed on the town’s insurance policy to verify they are sponsored by the Park and Recreation.  The town of Lancaster and Stow are both run through their park and recreation program and their fees are waived.

Mr. Peirce stated that they try to do everything they can to give back to the community and donate all equipment at the end of year back to the school system.

Murphy Insurance reviewed the town policy and it is their opinion that there would be no additional cost to the town if Nashoba Youth Basketball were to become an agency of the Park and Recreation.

The league will remain a separate entity under the guidance of Park and Recreation but would still continue business as usual.

Mr. Plante spoke with Mr. Pokorney who agreed to schedule a Park and Recreation Commission meeting to meet with the Nashoba Youth Basketball representatives to discuss this proposal. The Board of Selectmen supported of Nashoba Youth Basketball League falling under the auspices of Parks and Recreation.

PROPOSED LEASE OF THE 1922 EMERSON SCHOOL

Supt. Wood stated that the Facilities Committee is looking at different options for the district offices including the Skinner property.  They are looking at the Skinner property more seriously and are waiting for additional information from Skinners.  Supt. Wood would be happy to have a joint discussion with the Board of Selectmen to discuss further.  Mr. Plante stated it is the Board’s goal to identify the town’s space needs.  The Board also informed Supt. Wood that they are in receipt of the request to renew the lease between the town of Bolton and the Conservation Trust for office space at Emerson School.  Supt. Wood was agreeable to the Board of Selectmen signing the Conservation Trust lease that will expire on June 30, 2009.  

CONSERVATION TRUST LEASE AGREEMENT

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to sign the agreement between the Town of Bolton and the Conservation Trust for the lease of office space at Emerson School for $500.00.  (Plante – yes, Troup – yes, Wysocki – yes)

AUDIT SERVICES CONTRACT

Town Accountant Julie Costello and Interim Town Administrator Michelle Ciccolo have reviewed and approved the audit services contract for years ending 2008, 2009 and 2010.  The Board of Selectmen deferred signing of the contract until it was confirmed that the procurement requirements were met.   

PAYROLL AUTHORIZATION FORM

The Board of Selectmen executed the payroll authorization form for Interim Town Administrator Michelle Ciccolo.  

NEXT MEETING BUDGET KICK OFF

The Advisory Committee, Treasurer and Accountant will be invited to the next Selectmen’s meeting for discussion regarding the upcoming FY10 budget process.

EXECUTIVE SESSION

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to go into executive session under Massachusetts General Law, Chapter 39, 23B(3) at 9:25 p.m. to discuss strategy with respect to collective bargaining.  The board will not reconvene into open session.  (Roll Call:  Plante – yes, Troup – yes, Wysocki - yes)

Respectfully submitted by Linda L. Day