Board of Selectmen Minutes

Board of Selectmen                                      Present:        Kenneth F. Troup

November 4, 2004                                                        Richard H. Heaton, Jr.

Stanley M. Wysocki      

The Board of Selectmen met at the Town Hall at 7:00 p.m.    Present for the Board of Selectmen meeting:  Chris Slade, Chairman of Advisory Committee, David Lindsay

GREAT BROOK FARMS

Bruce Slater met with the Board of Selectmen to discuss concerns related to the equipment he been renting at Great Brook Farms.

The equipment was purchased mostly for landscaping.  The rental came about as an idea to sell more nursery stock, shrubs and trees.  At least 85% of the rentals are by him or homeowners, other 15% is contractor if they are short handed or their machine breaks down.  Presently he has 4 pieces of equipment and does not plan to get any more.  As advised by his insurance broker the name change was to avoid any possible liability issues with Great Brooks Farm.

Mr. Slater stated that he is willing to bring the Farm Bureau in to meet with the Board of Selectmen again if they like him to.  His goal is to have a first class garden center.  He is not trying to be a Taylor Rental.  

Visual and Advertising is part of the issue of those that have expressed their concerns with the Board of Selectmen.   Mr. Troup felt things could be done to make it more acceptable and controlled.  

At the request of the Selectmen, Mr. Slater agreed to come up with proposal to address the conditions of the operation and concerns of the community.  He stated that would reword the ad, and not park the equipment out front as starters.

INTRODUCTION OF RESERVE OFFICER

Sgt. Bagdonas introduced Mr. Harold “Derek” Koumpis as a Reserve Officer.  Koumpis will work a minimum of 3 shifts per month but available to fill in.  He will continue to work at RFK.

On a motion made by Heaton and seconded by Wysocki the Board of Selectmen appointed Mr. Koumpis.

HARVARD ROAD LANDSCAPING BUSINESS

The Board of Selectmen suggested that Frank Krysa, Building Inspector investigate the landscaping business on Harvard Road.

PUBLIC HEARING – ACCEPTANCE OF PUBLIC WAYS

Present for the hearing: Residents of Danforth Lane, Mt. Wachusett and Quail Run.  Advisory Committee Chairman Chris Slade, Planning Board associate member Stephen Garner, Martha Remington.

The Board of Selectmen held a public hearing at 7:30 p.m. on the layout of Danforth Lane, Mt. Wachusett Lane and Quail Run as shown on plans entitled: Roadway As Built plan of Danforth Brook Lane, dated February 25, 2004; As Built plan profile of Mt. Wachusett Lane, dated April 8, 2004; As Built road plan of Quail Run, dated December 30, 2002.

Articles will appear on the warrant of the Special Town meeting of Monday, November 15, 2004 for the town to accept these roads as public ways:

Larry Delaney and Russ Karlstad arrived at 7:40 p.m.

Quail Run:  Mr. Callinan stated he was provided with a copy of a letter sent to Brian Lafferty from Stan Wysocki of the Planning Board stating deficiencies that were detailed by Hamwey Engineering.  He has concern with # 2 of the letter related to the retention basins.  He stated that the problem still exists and you could still see where the ponding occurs.  He questioned whether the detention basins are functioning correctly.  Mr. Wysocki understood that the requirements had been met by the developer.  DPW Director Harold Brown is satisfied with Quail Run and stated that the retention basins are operating as they should.  

Mr. Delaney, Chairman of the Planning Board, stated that the history of Quail Run is prior to his serving on the Planning Board.    Planning Board’s responsibility was to be sure Road was constructed as on plans.  Planning Board approved Engineering plans in spring of 1998 and therefore recommended that the Town accepts Quail Run.  

Danforth Lane:  In response to a question from a resident of Danforth Lane regarding any order of conditions that are outstanding on this road Planning Board member Russ Karlstad informed the resident that this was a separate issue and not related to the laying out of roads.

Martha Remington, as a citizen, stated that in 1988 the Town accepted Kettlehole Road and almost every year since then there has been catch basin repairs on that road.  She does not know if Kettlehole Road is a special case and asked that Mr. Brown elaborate on why so many repairs have been done.  Mr. Brown stated that Kettlehole Road was constructed incorrectly.

On a motion by Wysocki and seconded by Heaton the Board of Selectmen voted to layout Danforth Brook Lane, Mt. Wachusett Lane, and Quail Run in accordance with the as-built plans.  (Troup – yes, Heaton – yes, Wysocki – yes)

UPDATE ON VARIOUS PROJECTS

Present:  Chris Slade, Advisory Committee Chairman and Martha Remington, Mr. David Lindsay

Mr. Brown, DPW Director and Shelly O’Toole, DPW, Administrative Assistant met with the Board of Selectmen to discuss the future plans with Vaughn Hill Road drainage issues.   Mr. Brown anticipated it would cost between $30-60,000 for engineering study of Vaughn Hill Road.  Ms. Ross stated she would speak with the Insurance Company regarding a claim to help fund the project or a suggestion was made to put an article on the ATM warrant to hire an engineer to do the drainage calculations.

Town Administrator Jodi Ross asked if there was a short term solution such as putting a berm along Vaughn Hill Road in areas where the water was draining on to personal property.  Mr. Brown stated that he has looked into this and would be impossible to do and it would only divert the water onto someone else’s property.   Mr. Brown stated he estimated it would cost approximately $3,000 for a band aid approach for a pipe and grate on Vaughn Hill Road.  An easement would be required from the Rangers and he would also need to meet with the Conservation Commission regarding this matter.   Mr. Brown said he did not have funds in his current budget for this but agreed to take a look at his budget with Town Administrator Jodi Ross.  

Mr. Brown will provide a proposal for phasing in the drainage issues for Golden Run, Vaughn Hill, Wattaquadock Hill Road into the budget.

Mr. Brown provided the Board of Selectmen with a spreadsheet showing options related to the Forbush Mill Road Field mowing.  The options includes hiring an additional DPW employee at $31,924.00; subcontracting the mowing at $11,040.00 or using current employees on an overtime basis at $6,574.00.

Mr. Brown stated he disagrees with Mr. Pokorney’s figures related to the mowing of Forbush Mill Road.  He also noted that they have asked for two mowings per week.  He also stated that Parks/Recreation feel the maintenance should remain with the DPW.  Selectmen stated that was not what was said at their meeting on October 21, 2004 and it was noted that if they did it privately it would not require prevailing wages.

The Board of Selectmen suggested that a meeting with DPW, Park/Recreation, Little League and Bolton Youth Soccer during the day and follow up with them coming to a Selectmen’s meeting at night.

Ms. Remington stated that although the donation of the irrigation system is a great idea, as a taxpayer she did not feel she should pay for a second mowing of Forbush Mill Road fields.

Florence Sawyer/Emerson School septic system:  Mr. Brown stated that plans have been submitted to DEP and he will request a meeting with the Board of Selectmen as soon comments come back. He submitted an estimated timeline for the septic system project.  Martha Remington, representing the Historical Commission asked that the Historical Commission be involved in any discussion as the bridge culvert at the end of Mechanic Street will be destroyed.  Ms. Remington was provided with a copy of the septic system time line.

 

COLDWELL BANKER SIGN PROPOSAL

Mr. Reed of Barlo Signs, and a Coldwell Banker representative met with the Board of Selectmen to discuss their sign proposal for the Cracker Barrel to address the historical aspects of the building.  They proposed replacing the existing Cracker Barrel sign and the latest Coldwell Banker signs on the front and side of the Cracker Barrel with a Coldwell Banker sign with black background and gold letters, and to preserve the aspect proposed a plaque provided by Coldwell Banker to be placed on the front of the Building next to the door.  

The owner of the building has allowed Barlo to work with Town to get approval for the sign.  

Martha Remington, Historical Commission member asked that the cracker barrel sign remain on the building.  Jodi Ross, Town Administrator stated that if the original Cracker Barrel sign needed a home she could find a place at the town hall to hang the sign.

Martha Remington will inform the Historical Commission of proposal and that the Selectmen will be finalizing at their meeting on November 17^th.   

BOLTON WOODS WAY

Mr. Troup executed the consent form document for the refinancing at 66 Bolton Woods Way.  

AFFORDABLE HOUSING PARTNERSHIP

Present:  Doug Storey, Ed Plante, Jr. and Jim Bilancieri, Kevin O’Brien, Affordable Housing Partnership members

Mr. Doug Storey, Chairman of Affordable Housing Partnership met with the Selectmen to continue discussions regarding the Act establishing a housing trust fund in the Town of Bolton.    The Partnership and Selectmen discussed revisions that will be incorporated by Mr. Storey and forwarded to Town Counsel for review.    Areas agreed upon:  4 members with 3 being a quorum; all the boards will be listed that the trust will work with and seek guidance from;  the Trust will also be added to request advice of the boards.~

Revisions will be made and forwarded to the Board of Selectmen so that they can vote on the final document.

MOEN RFP

Present:  Sharon Mandell, Steve Glover

Ms. Ross, Town Administrator stated that she has reviewed the Moen property file, and expenses to date are $6,722.00 that can be deducted.  She has talked with Joanne Jenkins, Treasurer, and after looking at the debt and borrowing Ms. Jenkins personal opinion is to sell the property now.  Ms. Ross also agreed that the property should be sold.  Her feeling is that if we wait until spring and get no response we continue to carry the debt load and the expenses.

Mr. Slade, Advisory Committee Chairman stated that he spoke with Advisory Committee member David Bosselait and he concurs with the position to sell the property now.  

Ms. Mandell stated that the property should not be sold now.  She said that she may have misinformed people as she thought the minimum price was $225,000.  This was her understanding from previous meetings with the Board of Selectmen.  She also noted that summer and fall were not favorable times for advertising the property for sale.  

Mr. Heaton stated that he is not in favor of selling at this time and would recommend advertising again in the spring hoping that the town could get a much better price.  

Mr. Glover, individual that placed the highest bid, stated it is the market value for the property and felt the town done due diligence in  putting it out to bid twice.

Mr. Wysocki’s feeling was that the property should be sold now; and added that if this is ever done again in the future the town should not ham string a parcel that the town buys as we did at town meeting to change what was agreed to by the seller and turn into only being sold as a single home; should leave options open.

 

A motion was made by Heaton not to accept the offer and do another round of bidding earlier in spring February.  The motion was not seconded and the Selectmen continued to discuss the pros and cons of the selling the property now or waiting.

Mr. Heaton reiterated his request to re-advertise the property with a minimum of $225,000.  Mr. Heaton stated that it is apparent there was confusion in the market place.

A motion was made by Heaton not to sell the property now, waiting until February to put back on market, setting a target minimum price of $225,000, but also leaving opportunity for the Selectmen to review again prior to sending out the RFP.

Mr. Troup expressed his concerns with waiting until February; setting a minimum and getting no response.  He is concerned that this could go on and on and whether or not we ever sell the property becomes the question.   Mr. Troup was willing to take the risk in the spring only if it was certain we would sell the property then no matter the bid came in at and therefore he was not willing to set a minimum.

On a motion made by Heaton ad seconded by Troup the Board of Selectmen voted not to accept the offer to buy the Moen property on Vaughn Hill Road stating that it was not in the town’s best interest (Troup – yes, Heaton – yes, Wysocki – no)  The Board will wait until February to re-advertise the property for sale with the understanding the property would be sold by FY05.  

PERSONNEL POLICY – OUT OF GRADE PAY

On a motion made by Heaton and seconded by Troup the Board of Selectmen authorized Ms. Ross to use the Personnel Policy related to out of grade pay to pay Cindy Bradbury of the Assessors office for her extra duties during period without a department head.  The Selectmen agreed that any additional payment to an employee be decided prior to the absence of a department head and the policy be used on a case by case basis.    (Troup – yes, Heaton – yes, Wysocki - yes)

MASSACHUSETTS CHAPTER

The Board of Selectmen received a letter from Mr. Madnick, President of the Massachusetts Chapter of Americans United for Separation of Church and State requesting that a banner policy be adopted by the Board of Selectmen.  Mr. Madnick will be informed that we do not have any formal policy regarding banners but will develop guidelines to be followed in the future.

DOCUMENTS RECEIVED:

Ranger, Vaughn Hill Road:  The Board of Selectmen is in receipt of a letter from Attorney Rauhala who is representing the Rangers regarding the claim for property damage to their residents at 110 Vaughn Hill Road.

Nicewicz/Schartner APR:  The Board of Selectmen is in receipt of a letter from Town Counsel Elaine Lucas regarding the commitments for the Nicewicz and Schartner APR’s for review.   Town Administrator Jodi Ross stated that she met with George Watkins and Ken Swanton regarding this matter.

Little League:  Request for installation of an irrigation system at Memorial Field; addition of a girl’s softball diamond at Memorial Field, and permission to hang a sign across Main Street announcing spring registration for Little League.

Town of Bolton’s Share of the Operating and Capital Costs:  A letter was received from District Treasurer Charlotte Noponen stating that the FY2005 Assessment is $8,290,880.

Content of Selectmen’s Agenda:   A letter was received from Jeff Boudreau requesting that Selectmen’s agendas posted on the website include the list of mail correspondence.

Riverside:  The Board of Selectmen received a letter from Martha Remington stating that 396 Still River Road is both historically and archeologically significant to Bolton.  She requested approval of the Board to notify any Boards, Commissions, etc. that further ground disturbance at this site should be avoided until the developer has been apprised of the situation.  

Housing Certification:  The Board of Selectmen received a copy of a letter stating that the Housing Certification  under Executive Order 418 for the period ending June 30, 2005 had been achieved.   The Board will send a letter to the Affordable Housing Partnership congratulating them and thanking them for their hard work in coordinating and submitting the application for certification.  

Main Street Appraisals:  Mr. Troup provided the other Board members with a copy of the Main Street property presentation to be given at special town meeting for review.    All Board of Selectmen received a copy of the appraisal for review.    

                    

EMPLOYEE CONTRACTS

Town Administrator Jodi Ross informed the Board of Selectmen that she had been asked by Chief Hyde to meet with her and Lt. Nelson to discuss a contract.  Selectman Wysocki suggested that discussions be deferred until after the performance evaluation of Chief Hyde was completed.  After discussion the Selectmen agreed that Ms. Ross could meet with them to find out what it is they are exactly looking for and why.

Mr. Heaton complimented Ms. Ross and Ms. Day on the agendas and backup information provided.

Meeting adjourned.