Board of Selectmen Minutes
Meeting date:
Thursday, June 5, 2008
Board of Selectmen
June 5, 2008
Present:
Curtis Plante
Kenneth F. Troup
Stanley Wysocki
Jodi Ross, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town hall at 7:00 p.m.
Present: Advisory Committee members David Lindsay, Burt Shnitzler, Randy Dinjian
PROPOSED PATH OF THE FORCE MAIN
Present: Pat Bensetler, Martha Remington, Deb Kellett, Alice Coggeshall, Barbara Brown, Roland Oschenbein, Mickie Simpson
Mr. Willis provided an overview of the proposed force main that the Board of Selectmen is seeing for the first time. The proposed route will follow the north shoulder of Wattaquadock Hill Road, about 6-7 feet off the edge of the pavement along the shoulder, to Main Street. In order to get past the existing drain line and catch basin at the intersection of Main Street and Wattaquadock Hill Road a cleanout manhole will be installed to change direction and proceed in a southeast direction to the intersection of Mechanic Street and Main Street. Because of another cluster of drainage pipes, the force main will be shifted outward to install a cleanout manhole and follow along the western side of Mechanic Street about 7 feet off the edge of the existing paved roadway. This path was chosen to keep the force main the shortest length possible to minimize the flow in the pipes.
An update timeline was also provided and is attached. Mr. Willis stated that the Committee wanted to ensure the project come in at the allocated amount. Therefore their intention is to bid the project as soon as possible to make sure we have the funds to cover the project and then actually construct the force main in the summer of 2009. This timeline can be included in the package. Mr. Plante questioned why the tee for the public safety building is on the westerly side. Mr. Willis stated that at this time they were not sure if the actual service line was coming to the north or south of building and it was shown as is for planning purposes only.
Mr. Plante suggested that there be a provision to add a stub to the pump chamber for the old fire station. Mr. Giunta stated that the Public Safety Center Construction Committee discussed this and agreed with the provision to add a stub for the existing building.
Pat Bensetler, of 674 Main Street (and not on actual path) referred to the old Mechanic Street bridge area where there was flooding to such an extent it covered the manholes and it was bubbling up from the manhole cover. Ms. Bensetler questioned whether the system would be protected from this flooding and potential seepage. Mr. Plante stated the DPW crew has been asked to maintain the culvert so it is free and clear of debris.
There has not been any flooding since the debris has been removed. The DPW has it on their to do list when we have high water season. Mr. Willis stated that the manholes are a gravity collection system and the actual tops of the manholes were raised above the actual flooding elevation. Flooding of the system into the stream would only occur if there was a direct blockage at the downgrade manhole.
Ms. Kellett, of 714 Main Street, has two of properties along the proposed route. One of their primary concerns is potential contamination of the wells and how the town will address the contamination. The Board of Health regulations does not permit the installation of a force main within 50 feet of a private well. Ms. Kellett stated that two thirds of the wells on the south side are within 50 feet of the proposed route. Mr. Plante stated that you are more apt to get well contamination from an abutter. Mr. Willis stated that the local bylaw does require a 50 foot offset from a well and the state standard is 10 feet. Mr. Willis stated that this type of pipe does not have joints essentially for 300 feet and any joints would be beyond the 50 foot radius. There is also testing to be done to be sure the pipes are water tight. Ms. Kellett asked what recourse do the homeowners along this stretch have if the town’s force main causes contamination.
Ms. Remington, Chairman of the Historical Commission stated that the Historical Commission still has concerns with page 3 of the April 10, 2008 feasibility and they would like to see it amended. as the Commission was not made aware of all the routes. The Board of Selectmen has selected the route that runs through the National Register Historic District. Ms. Ross stated that a letter will be issued to the national Register Historic District regarding this route.
Mr. Plante stated that the force main from the public safety center to the library will be under the purview of the engineer and architect for both of the projects and not Mr. Willis of Onsite Engineering.
Ms. Coggeshall, of 714 Main Street asked if the town would commit itself to an on-going water monitoring program for all the houses along Main Street. Mr. Plante stated that this concern has been taken under advisement.
The Board of Selectmen will invite the Main Street resident to a meeting in July.
UNLICENSED DOGS
Present: Susan Latham, Animal Control Officer and Pam Powell, Town Clerk
As of today there are 25 dogs that have not been licensed. During late March/early April phone calls were made to all potential delinquent residents. In April, letters were sent to all delinquent licensees giving them time to license their dog(s) before the fine was instituted on May 1, 2008. In May, phone calls were made to delinquent licensees again. Certified letters will be sent to delinquent licensees and followed up with a house visit by the Animal Control Officer. On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to sign the warrant. (Plante – yes, Troup – yes, Wysocki – yes)
BOLTON CELEBRATES
Present: Dan Teague, Chairman of the Bolton Celebrates Committee
Mr. Teague met with the Board of Selectmen to recruit Board members for the dunk tank. Mr. Plante has committed to participate; Mr. Wysocki needed to check his calendar and Mr. Troup is not available this year.
Mr. Teague stated that they have the necessary funding for this year’s July 4th festivities. They have planned approximately 5 events to take place over FY09 to drive the funding for next year’s July 4th festivities and eliminate the town funding all together. Mr. Plante suggested a place holder on the next town meeting warrant just in case they do not meet their funding requirements.
Mr. Teague will provide the Board of Selectmen with the written documentation from the Fire Chief approving the fireworks. Mr. Teague stated that the Park & Recreation Commission and the School District have also approved of their plans for the festivities.
Mr. Teague stated that the only other funding issue that he may bring back to the Board of Selectmen is for land that is being looked at as potential park land. He would like this land to stay as park land to make it more like a community gathering area and not necessarily sports fields.
ENERGY COMMITTEE – POWER PURCHASE AGREEMENT PROGRAM
This discussion was postponed.
TOLL BROTHERS
Present: Jenny Atwood Burney, Town Planner
Mr. Plante recused himself from this discussion as he is a developer with a similar project in the town of Lancaster. Mr. Plante left the meeting room for the duration of this discussion.
Ms. Atwood Burney stated that the Board of Appeals at their last meeting determined that the request from the Toll Brothers to change the age restriction requirement for 40B’s was substantial and therefore a hearing is scheduled for June 17, 2008. The request submitted by the Toll Brothers is to change the restriction requirement that only 80% of the units have the restriction and to open up the other 20% as unrestricted but not allow children under 18 in any of the units. Town Counsel is reviewing to determine if the restriction not to allow children under 18 is legal.
Ms. Atwood Burney has reviewed the Department of Housing and Urban Development program referred to by the Toll Brothers and it basically states that 80% of the units are occupied by at least one person over the age of 55 and 20% is open to any age and they do not have the requirement of no children under the age of 18. This was not Mr. Troup’s interpretation of the language and will wait for Town Counsel’s opinion.
Ms. Atwood Burney stated that Toll Brothers said that most of their programs are based on the 80% and 20% requirements and referred to Lincoln, RI although Ms. Atwood Burney could not find any evidence of having this type of program. Ms. Atwood Burney provided the Board of Selectmen with information regarding Hanover, MA and Hudson, MA related to changes in the age restriction. She stated that the Board of Appeals in Hanover, MA denied the request and when it went to the appeal court the court favored in support of the developer. Ms. Atwood Burney will continue to try to find other cases such as this in the area.
At the Board of Appeals meeting there were concerns brought up such as the deed restriction and how it will be restricted; how will this be monitored to determine 80% of the units will maintain someone over 55 and who will monitor the other 20%. The applicant stated that it would be the condo association that would monitor this.
Ms. Ross referred to the opinion received from Town Counsel Ellen Doucette today that stated that the prohibition is legal under very specific circumstances.
Ms. Remington, as a private citizen, stated that it was her understanding that this development would be a senior community. She does not think it is the town’s job to help Toll Brothers with their business and therefore is not in favor of any changes to the restrictions.
Ms. Atwood Burney asked the Board of Selectmen to provide her with any concerns that they may have so that they can be addressed at the hearing on June 17th, 2008. The legality of the under 18 restriction and the enforceability are the principle concerns of the Board of Selectmen.
Mr. Troup suggested that the letter from Town Counsel be circulated to the Board of Selectmen, Board of Appeals and Toll Brothers so that everyone can review in preparation for the hearing on June 17, 2008.
VARIANCES FOR LIBRARY EXPANSION
Present: Jenny Atwood Burney, Town Planner
The Board of Appeals held a public hearing to act upon the application of the Town of Bolton seeking a special permit, and variances related to the building height for the public library located at 738 Main Street.
Ms. Atwood Burney stated that the height variance was not as much of an issue as the special permit. The size of the building was the main concern as well as the parking. The building is conforming but becomes a non conforming structure because the lot size does not meet the current zoning bylaws. The parking issue should be addressed as part of the Board of Selectmen’s site plan review. The Fire Chief was in support of the proposed height and did not have any fire safety concerns. Ms. Atwood Burney stated that any change to a building structure requires a special permit. Options discussed included an Approval Not Required (ANR) to move the lot line or eliminating the lot line all together to create one lot.
The fire station was purchased for municipal use and therefore a town meeting vote is not required and the Planning Board can approve an ANR. Mr. Plante stated that since the majority of the town has already approved this project he is more inclined to remove the special permit and resolve this with submittal of an ANR plan to the Planning Board. Ms. Atwood Burney stated that the applicant could then withdraw their request from the ZBA without prejudice.
Mr. Giunta, Chairman of the Public Safety Center Construction Committee stated that his Committee was not opposed to the proposed options but wanted to be sure it does not put the public safety center in jeopardy.
Ms. Remington’s opinion is that you would lose the pre-existing non-confirming status if you move the property line.
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to authorize Ms. Ross to explore the two options related to the property line of either submitting an ANR or eliminating the lot line to create one lot. (Plante – yes, Troup – yes, Wysocki - yes)
The Board of Selectmen will send a formal letter to the Board of Appeals informing them that they have instructed Ms. Ross to research the ANR option and also provide them with all the information that has been obtained regarding this matter.
HAZARDOUS WASTE COLLECTION DAY
Present: Harold Brown, DPW Director and Shelly O’Toole, Administrative Assistant
Mr. Brown and Ms. O’Toole met with the Board of Selectmen to discuss the next hazardous waste collection day which has tentatively been scheduled for October 11, 2008. Funds in the amount of $20,000 were included in the FY09 budget for this collection day. Clean Harbors is on the State bid list and the town has used them in the past. Residents pre-register to get an idea of how many people are participating but no one is turned away if not registered. Big ticket items in the past have included propane tanks and latex paint. Ms. O’Toole stated that she will not be accepting propone tanks this year as it was quite a cost last year and there are alternatives in the area for disposing of the tanks. They will continue to accept the latex paint but Ms. O’Toole noted that if the latex paint is solidified by taking the cover off the can and letting it dry out, it is no longer considered hazardous waste and can be disposed of in the transfer station.
The last hazardous waste collection day was held in September 2006 and there were 350 cars that came through.
Ms. O’Toole suggested charging a minimal fee to help offset the costs of the collection day. Ms. O’Toole stated to save additional funds she would like to omit the town wide mailing and publish the information in the Bolton Common and on the town website. Mr. Wysocki suggested a post card type mailing to help save on the cost. On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to charge $5 per car with the fee being waived for seniors over 61 years of age.
Ms. Brown suggested the idea of printing a sticker such as “proud recycler” that residents could place on their vehicle.
TREASURER
Present: Donna Madden, Treasurer
The recommendation of the Ciccolo Group was to combine the human resources responsibilities with the Treasurer position once it was determined that Ms. Madden, Treasurer had all the required training. Ms. Ciccolo reviewed the information provided by Ms. Madden related to her training and history and stated that it appears that Ms. Madden is in a good position to perform the responsibilities. Therefore, Ms. Ross requested that the Board of Selectmen approve the change in title from Treasurer to Treasurer/Human Resources Director and an increase to Grade 11, step 1 effective July 1, 2008. On a motion made by Wysocki and seconded by Troup, the Board of Selectmen approved the increase. (Plante – yes, Troup – yes, Wysocki – yes)
Ms. Ross stated that they have started to work on the policies and have updated the following Town of Bolton forms: Application for Employment, Town of Bolton Police Department Physical Examination Authorization, Town of Bolton Police
Department Psychological Examination Authorization, Town of Bolton Background Investigation Authorization and Consent, Employment Information Authorization and Release Form and Authorization and Consent Form for Drug Testing.
BAN RENEWAL
Ms. Madden stated that the Board of Selectmen will need to sign Bond Anticipation Notes (BANs) within the next two weeks.
MINUTES
The minutes of a Board of Selectmen’s meetings will be forwarded to the Board of Selectmen via email for review in a timely manner so that the minutes can be a part of the next Board of Selectmen’s agenda for approval.
SIGN REQUEST FOR DAYLILIES
The Board of Selectmen reviewed the request of Sallyann King to place her daylily directional signs for the daylilies season, July through September. The signs will go up starting June 23, 2008. On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the temporary sign request. (Plante – yes, Troup – yes, Wysocki – yes)
NEW EXCACATION & TRENCH SAFETY REUGLATIONS
The Department of Public Safety and the Division of Occupation Safety have promulgated new regulations establishing permitting standards for trench openings and securing of unattended trenches. The Town must take action to comply by January 1, 2009 by designating a board or officer as the permitting authority for trench excavation of property within town.
MUNICIPAL ROADWAY VEGETATION MANAGEMENT PLAN
On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to execute the yearly Operation Plan (YOP) for the Municipal Roadway Vegetation Management Plan for 2008. (Plante – yes, Troup – yes, Wysocki – yes)
EARNING OF EAGLE
The Board of Selectmen executed a letter congratulating Bradford Giunta on the achievement of earning his Eagle and wishing him the best for his Court of Honor. Mr. Giunta built ticket booths at the Nashoba Regional High School. The booths are an attractive addition to the school campus and will be very much appreciated by all especially during inclement weather.
TAX TITLE
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to transfer to the Bolton Conservation Commission the care, custody, management and control of a certain parcel of land of the Town containing 5.0 acres of land more or less located in the Pine Hill section of the Town of Bolton, being shown as Parcel 1 on Assessors Map 8A, and further referenced in the Corrected Judgment in Tax Lien Case recorded in the Worcester County Registry of Deeds in Book 42420, Page 357. (Plante – yes, Troup – yes, Wysocki – yes)
TOWN EASEMENT
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to accept a permanent and non-exclusive drainage easement from the owners of property located at 155 Nourse Road, Bolton, Massachusetts, over the area shown as “Utility Easement” on the plan prepared by JLA land Survey, dated July 21, 2005. The Board of Selectmen executed the easement agreement. Gary and Eleanor Klauminzer have also executed the easement agreement. (Plante – yes, Troup – yes, Wysocki – yes)
MART ADVISORY BOARD
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to re-nominate Mr. Troup to the MART Advisory Board, July 1, 2008 through June 30, 2009.
ANNOUNCEMENTS
Public Announcements: Any public announcements to be considered for reading at the Board of Selectmen’s meeting should be sent to Town Secretary Linda Day.
Library Hours: The Library will be closed on Friday, July 4th and Saturday, July 5th.
Passing of Leah Swanton: The Board extended their sympathy to the family of long time resident Leah Swanton who passed away. A public memorial service will be held at the First Parish of Bolton on Saturday, June 14 at 4 p.m. followed by a reception in Davis Hall.
‘Just Cause walkers: Congratulations to the ‘Just Cause walkers who raised $160,000 for cancer research.
Meeting adjourned at 9:10 p.m.
Respectfully submitted, Linda L. Day