Board of Selectmen Minutes

Board of Selectmen                                          Present:         Stanley Wysocki

March 2, 2017                                                                         Thomas J. Frain

Town Hall                                                                                Jonathan Keep

                                                                                                Don Lowe, Town Administrator

                                                                                                Linda L. Day, Town Secretary

Mr. Wysocki called the Board of Selectmen’s meeting to order at 7:00 p.m.

POLE HEARING

The Board of Selectmen held a public hearing at 7:00 p.m. on the petition of Verizon New England, Inc. and Massachusetts Electric Company (NGRID) to install one (1) solely owned (SO) pole (#53-1) with a push brace to the west of the entrance of the Country Cupboard Building at 476 Main Street. 

Representatives from Massachusetts Electric Company were not available to attend this hearing because they were busy servicing customers without power due to the high winds that covered the region.  Mr. Caisse, Tree Warden stated that the proposed pole is in line with the existing pole line and doesn’t have any impact on any trees or snow removal.   His only concern was a possible blind spot when exiting the Country Cupboard parking lot.   Mrs. Houde, owner of the Country Cupboard stated that the proposed installation is required to upgrade the service at the Country Cupboard.

On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to approve the petition of Verizon New England, Inc. and Massachusetts Electric Company (NGRID) to install 1 solely owned (SO) pole (#53-1) with a push brace to the west of the entrance of the Country Cupboard Building at 476 Main Street.  (Wysocki – yes, Frain – yes, Keep –yes)

On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to close the hearing at 7:06 p.m.  (Wysocki – yes, Frain – yes, Keep –yes)

LIQUOR LICENSE FOR THE INTERNATIONAL GOLF COURSE

Mr. Brian Lafferty, Consultant and Mr. Paul Jordan, Director for the International Golf Course explained that language was inadvertently left off of the license for the International Golf Course in 2011 when the liquor license was amended to change the liquor license from a club license to a general license.  Mr. Lafferty requested that language be added to the “premises” section of the license to include “by beverage carts on the Pines and Oaks Golf Course, as shown on the attached plan”.   Mr. Lafferty provided a plan showing where the liquor will be served on the golf course in Bolton.  He stated that he is in discussion with Lancaster to amend the liquor license for the portion of the golf course that is located in Lancaster.    On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to approve the requested amendment.  (Wysocki – yes, Frain – yes, Keep – yes)

APPROVAL OF EVENTS

Barehill Triathalon, Sunday, June 25, 2016:  Ms. Sue Reedich requested approval to hold the Harvard’s Lion’s Club Triathlon on Sunday, June 25, 2017.  The cyclists will pass through Bolton between 8:30 and 9:30 a.m. on Harvard and Green Roads.  Police Chief Nelson has approved the event and will help out if available.  On a motion made by Wysocki and seconded by Frain, the Board of Selectmen voted to approve the event.  (Wysocki – yes, Frain – yes, Keep - yes)

Baseball Opening Day Parade, April 22, 2017:  Ms. Lisa Shepple requested approval to hold the baseball opening day on April 22, 2017.  The parade will start at Emerson School on Mechanic Street; continue onto Main Street to Wattaquadock Hill Road to Memorial field. 

Route 117 will be closed for approximately 30 minutes. Police Chief Alfano has approved the event.   On a motion made by Wysocki and seconded by Frain, the Board of Selectmen voted to approve the event.  (Wysocki – yes, Frain – yes, Keep - yes)

RECOMMENDATION TO FORM A LOCAL SEWER STUDY GROUP

Mr. Erik Neyland and Mr. Mark Sprague, members of the Economic Development Committee recommended that a Local Sewer Study Group be formed to investigate a potential sewer district on Main Street.   Mr. Wysocki stated that it would be important to understand the capacity we are at now and what would be required by the state if we were to factor in the capacity of the Florence Sawyer School, Public Safety Building and the Library.  Mr. Neyland will meet with Mr. Lowe to draft a mission statement for review by the Board of Selectmen.

RECOMMENDATION TO APPOINT POLICE OFFICER

Police Chief Nelson introduced Matthew Anderson and recommended that the Board of Selectmen appoint him to the position of full time Patrol Officer.  Mr. Anderson sponsored himself through the Worcester Police Academy and graduated in July of 2016. He currently works in Holden as a part-time Dispatcher and Special Officer.  Mr. Lowe stated that Mr. Anderson did very well in the interview process and he was very impressed with him. On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to appoint Mr. Anderson.  (Wysocki – yes, Frain – yes, Keep – yes)

BOLTON ACCESS TELEVISION

On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to release $29,016.76 from the Comcast fund to Bolton Access Television for their operating expenses, as requested by Mr. Troup.  (Wysocki –yes, Frain – yes, Keep – yes)

Mr. Troup gave an update on the happenings with Bolton Access Television that included staff and board member changes.  Mr. Troup stated that it is much more labor and equipment intensive to record meetings at venues other than the Houghton Building and the Town Hall and therefore asked that town employees who schedule the meetings air on the side of holding meetings at the Houghton Building and Town Hall.  The Memorandum of Agreement between the Town of Bolton and Bolton Access Television Corporation expires in July and they will be submitting suggested revisions for discussion with the Board of Selectmen.

ANNUAL TOWN MEETING REVIEW

The Board of Selectmen reviewed the Annual Town Meeting warrant. 

On a motion made by Keep and seconded by Frain, the Board of Selectmen voted to remove the article related to the Community Preservation Act.  (Wysocki – yes, Frain – yes, Keep – yes)

Articles regarding the stabilization fund, pay down debt, and replenishing the Advisory Committee reserve fund will be discussed at the Advisory Committee meeting on Tuesday, March 7 to determine if they should remain on the warrant.

Margy Diaz, Ambulance Director will be asked to meet with the Board of Selectmen to discuss the proposed purchase of a SUV in the amount of $40,000. 

Article 27 regarding the Traffic Calming will be revised.  The Department of Transportation will provide the engineering plan and signs for the creation of a safety zone in front of the Nashoba Regional High School. 

Article 30 regarding the Replacement of Boilers at Florence Sawyer School will be reduced from $291,669 to $30,000 for the replacement of 5 out of 12 boilers. 

AFFORDABLE HOUSING TRUST FUND

Regional Housing Contract:  Kevin O’Brien, Doug Storey and Erica Uriarte met with the Board of Selectmen to discuss the draft Request for Proposal (RFP) for the Minuteman Advisory Group on Inter-local Coordination (MAGIC) Regional Housing Consultant Services.  The Board of Selectmen will review the RFP and provide any comments.  The deadline for executing a new Regional Housing contract is June 18, 2017.  Bolton’s fee was previously negotiated at $2,000 and is anticipated to increase to approximately $3,000 to include networking with developers.  The fees were paid out of the Town Administrator’s Purchase of Service line item or Trust Fund in past years and a decision will have to be made as to how it will be paid for in FY18.  Mr. O’Brien’s position is that while he feels it is a legitimate use of the Housing Trust Fund he feels it is the town-wide responsibility and should come out of the Town’s budget.  The balance in the Trust Fund is approximately $146,471.62. 

52 Bolton Woods Way:  The homeowner of 52 Bolton Woods Way is requesting a loan to make significant modifications to accommodate the need for a handicap accessible bathroom. The expected cost of the renovation will be $30,000 and the requested loan for $30,000 does exceed the sale price. Mr. O’Brien stated that the town is not at a financial risk.  On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to approve the additional indebtedness and approve the renovation as an approved capital improvement.  (Wysocki – yes, Frain – yes, Keep – yes)

TOWN ADMINISTRATOR REPORT

Update on Minuteman: Mr. Lowe reported that the permitting process for the project is looking favorable and he is comfortable that the project will be within budget.  Occupancy is anticipated for 2020. 

Update on the Mass Historical Matching Grant Program:  Mr. Lowe reported that the average award from the Massachusetts Historical Matching Grant Program to help replace the Town Hall portico is approximately $40,000.  He will continue to pursue but he doesn’t have a lot of hope for being awarded the grant.  The grant application deadline is March 24, 2017.

BOARD OF SELECTMEN BUSINESS

Appointments:  On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to appoint Douglas Heffel to the Agricultural Commission, Chris Mudgett to the Human Services and Safety Committee, Chris Lineberry to the Capital Planning Committee and Erica Uriarte, Town Planner as Representative for the Metropolitan Area Planning Council.  (Wysocki – yes, Frain – yes, Keep – yes)

Bills/Payroll Warrants:  On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to approve warrant #W17-16 and W17-16A dated February 1, 2017 and warrant #W17-17 and W17-17A dated February 25, 2017.  (Wysocki – yes, Frain – yes, Keep – yes)

Discussion regarding current Minuteman Nashoba Health Group (MNHG) versus joining the Group Insurance Commission (GIC):   Mr. Keep questioned whether the Town has ever done an independent review of the possible savings in health insurance the town might see by joining the GIC.  Based on Mr. Keep’s research of both insurance groups it appeared found the GIC to be lower than Bolton’s plan through MNHG. 

Ms. Madden, Human Resources Director stated that the Town is a part of the Minuteman Nashoba Health Group (MNHG) and they reviewed the plan with GIC to be sure of all the options.  Currently GIC is in extreme financial difficulties with a deficit of approximately was $300 million.   If we were to leave MNHG to join GIS we would forfeit our funds, pay a penalty and would be locked in for three years. Mr. Lowe stated that the Insurance Advisory Committee voted to accept the changes to our insurance plan versus joining GIC.

Ms. Madden stated that MNHG is a self-insured group and they get direct input on the design of their plan and set the premium whereas GIS does not have this input.   During open enrollment very rarely she has anyone changing their options because everyone is happy with the plan and cost.

Ms. Madden stated that the Town of Harvard, Lancaster, Groton, and Lincoln-Sudbury, Concord, and Carlisle School District are some of the 18 towns and school districts that belong to the MNHG.   In the 11 years she has been involved in the health insurance no one has left the MNHG. 

Public Safety Building – Lobby and Reception Windows:  Mr. Keep referred to a visit he made to the Public Safety Building for a meeting and observed the shades drawn in the former dispatch area.  He stated that it felt awkward to be sitting there with people working behind the drawn shades.  Mr. Keep recommended that the shades be up so that any visitors to the public safety building could be greeted by the staff, making for a friendly atmosphere. 

Police Chief Nelson stated that dispatch area was re-purposed for the police officers to do their work.  Chief Nelson’s recommendation was that the area be staffed with a police officer who can greet the 140-150 visitors a month rather than having to call an officer in off of the road.  When asked by Mr. Frain about establishing an internship program, Chief Nelson stated that there wasn’t enough interest and it would take too much time to train the individual.

Chief Nelson explained that visitors enter the vestibule and use the phone to call the Devens Dispatch who in turn handles the situation, contacts the 2nd floor Police Department administration to meet the visitor downstairs or calls an officer to come in off of the road.   The visitor remains in the vestibule while waiting for assistance.  Mr. Lowe stated that the only time a visitor is in the lobby area is when they are buzzed into the lobby area for a situation where they are being threatened or to use the restroom facilities, and it is not a scenario where visitors walk into the lobby on a regular basis and the shades are down.

Policy for Employees:  Mr. Keep stated there appears to be some confusion between providing professional information or personal opinion when attending a meeting and feels it is important to clarify when you are a paid employee providing a professional opinion or a resident providing a personal opinion.  Mr. Keep suggested that Mr. Lowe work with Ms. Madden to draft a policy to this affect so that it is clear to all employees, the Board of Selectmen and people watching from home.

Mr. Lowe stated that he would need some guidance or maybe even legal advice to achieve Mr. Keep’s suggestion without stifling someone’s first amendment rights.

Ms. Madden stated that this was a very slippery slope when targeting employees who are residents as opposed to any employee and there could be serious legal percussions.  She said a number of employees came to her because they were offended to see this topic on the agenda. 

Mr. Lowe agreed with Ms. Madden and cautioned the Board of Selectmen to be careful not to target a specific group of people. Mr. Keep stated that it was not intended to insult anyone.

Others in the audience, including employees, expressed their disappointment with the discussion.

Mr. Frain referenced the Board of Selectmen’s Meeting Procedures, adopted September 27, 2006 which states any person after being recognized must state their name, address and relationship to the agenda item.  Mr. Keep stated that maybe it was just a matter of the Board of Selectmen doing a better job of getting people to identify themselves each time they speak at a meeting.   

Mr. Keep suggested, and Mr. Frain agreed, that a microphone be set up so that people come up to the microphone to speak so that people at home can hear more clearly. 

On a motion made by Keep and seconded by Frain, the Board of Selectmen authorized Ms. Madden to conduct a search on the listserv to see if any other towns have a policy that addresses town employees giving professional versus personal comments.  (Wysocki – no, Frain – yes, Keep – yes)  Mr. Wysocki agreed with Mr. Lowe and Ms. Madden that the discussion was insulting to employees and was not pleased that Mr. Keep didn’t provide a single example of what he is talking about. 

Update on Culvert Bidding:  Mr. Lowe reported that he has scheduled another site visit for Thursday, March 9 at 11:00 a.m.so that an engineer from the Department of Protection (DEP) that Mr. Keep met at the Massachusetts Municipal Association could look at the Wilder Road culvert. 

Mr. Wysocki expressed his disappointment with his colleagues never accepting the professional opinion of the people hired to do the work and delaying the culvert bidding yet again, spending extra money incurring interest payments. 

Although Mr. Brown stated he was ready to go out to bid, Mr. Lowe was not aware of this and therefore scheduled the site visit because he didn’t think it would cause any delay.

Although Mr. Keep stated that we missed a grant opportunity for the culvert, Mr. Lowe disagreed, stating there wasn’t any grants applicable for this culvert project.

Mr. Brown stated that if a resizing is recommended he will have to start over with permitting the project which will include filing with the Conservation Commission again.  

Police Chief Nelson stated that the delays in repairing the culvert is causing a safety concern and someone is going to get hurt.  He urged the Board of Selectmen to add more monitoring of the road for public safety reasons. 

Mr. Wysocki suggested that Mr. Lowe inform the Nashoba Regional School District School Committee of the potential delay in getting the culvert repaired. 

Mr. Mark Sprague, Long Hill Road suggested that the Town engage the engineer on an upcoming culvert project in the planning phase and not one that is ready to go out to bid and is a safety issue.

Mr. Wysocki, stated that he is not sure how the process has been delayed without discussion and a vote at a board meeting and stated that as long as he is Chairman, this kind of situation where one individual acts as an individual and not as a board will not be allowed.  Mr. Frain stated that the vote taken by the Board of Selectmen last fall was to go out to bid in the Spring for the Wilder Road culvert repair.  Mr. Brown stated that he needs to go out to bid now to meet the timeline to repair the culvert when the school is not in session and the school buses are not running.

Mr. Lowe stated that unless he is directed otherwise he intends to direct Mr. Brown to go out to bid the Friday, March 10, 2017 following the site visit. 

Ms. Panny Gerken, Woodside Drive made a point to remind everyone that because of the last delay the Town has already spent $12,000 to redo the bonding, etc., not including the labor hours.  Mr. Keep stated that the engineer’s specialty is right sizing culverts, to be sure it is the right size for the waterflow, but also for the movement of animals through the culvert.  He has been provided with pictures of the culvert. 

Mr. Brown stated that DEP has approved the plans for the culvert repair and designed to their guidelines. 

On a motion made by Keep and seconded by Frain, the Board of Selectmen voted to move forward with the scheduled site visit on Thursday, March 9, 2017 at 11:00 a.m. with the engineer from DEP.  (Wysocki – no, Frain – yes, Keep – yes)

Site Visit to Review Workstations at Police Station:  A site visit to review the workstations at the police station has been scheduled for Wednesday, March 8, 2017 at 11:00 a.m.

Board of Selectmen Annual Report:  The Board of Selectmen reviewed the 2016 Board of Selectmen’s Annual Report drafted by Mr. Wysocki.  Mr. Frain made some suggested edits that included revisions to the paragraph drafted by Mr. Wysocki about the Massachusetts Department of Transportation (MassDOT) maintaining Route 117.   Mr. Wysocki stated that while Mr. Frain’s revision is correct, it doesn’t provide an accurate reflection

Mr. Frain agreed to revise the annual report as discussed for review at the Board of Selectmen will review the revised annual report at their meeting on Tuesday, March 7, 2017. 

Minutes:  On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to release executive session minutes for April 23 and May 6, 2015.  (Wysocki – yes, Frain – yes, Keep – yes)

On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to release the minutes of September 8 & 22, 2016.  (Wysocki – yes, Frain – yes, Keep – yes)

On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to approve minutes of August 18 and October 6, 2016.  (Wysocki – yes, Frain – yes, Keep – yes)

EXECUTIVE SESSION

On a motion made by Keep and seconded by Frain, the Board of Selectmen voted 3-0 by roll call (Wysocki – yes, Frain – yes, Keep – yes) to enter into executive session at 10:30 p.m., pursuant to Massachusetts General Laws, Chapter 30A, 21(a) 3 to discuss strategy with respect to collective bargaining for the Fire Union, as the Chair finds that an open meeting may have a detrimental effect on the Board’s bargaining position.

The Board announced it will not reconvene to open session.  (Wysocki – yes, Frain – yes, Keep – yes)

Respectfully submitted by Linda L. Day