Board of Selectmen Minutes

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

Mr. Dinjian and Mr. Czekanski, Advisory Committee members were present.

GREAT BROOK FARMS

Present:  Bruce Slater (Owner) and Paula Hamwey (Event Coordinator) for Great Brook Farms

The Board of Selectmen held a public hearing on the application of Great Brook Farms, Inc. 356 Main Street for a new annual general on-premise wine and malt license located at Great Brook Farms.  The Board of Selectmen reviewed the application and supporting documents.

Mr. Slater stated that he would like the opportunity to offer more family type meals and special events.  

Mr. Lowe confirmed that the Board of Selectmen has the authority to approve a wine and malt license application, and it does not have to go to Town Meeting.   The application is then forwarded to the Alcoholic Beverages Control Commission (ABCC) for their review and approval.   

Mr. Slater confirmed that the special permit does not have any conditions that would conflict with his request for the wine and malt license.

There were no comments from the audience.  

On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve the application of Great Brook Farms for a new annual general on-premise wine and malt license.  (Wysocki – yes, Plante – yes, Lindsay – yes)

MOSQUITO CONTROL

Present:  Timothy Deschamps, Executive Director of the Central Massachusetts Mosquito Control Project; Laura Andrews, Chris Slade, Board of Health members and residents of Bolton.

Mr. Deschamps provided an overview of the services of the Central Massachusetts Mosquito Control Project (CMMCP).  The project is administered by the State Reclamation and Mosquito Control Board.   CMMCP services 39 cities and towns.  Each town can opt to join via town meeting vote.  

The Town of Bolton made a decision to do a limited spraying on August 30, 2010 after receiving confirmation from the Massachusetts Department of Public Health (MDPH) of a horse death in Lancaster from Eastern Equine Encephalitis (EEE), and confirmation that EEE and West Nile Virus (WNV) was found in traps in the Bolton Flats area on Still River Road,   The residents were notified of the scheduled spraying in Bolton using the reverse 911 call system.  The Bolton Board of Health also provided the necessary paperwork to CMMCP to have the schools sprayed under an emergency waiver from the Children’s Protection Act.  

Mr. Deschamps thanked Don Lowe, Linda Day, Jim Garreffi, the Board of Health and Board of Selectmen for working together to use all available resources to protect the public during this unique event.

An article to see if the Town will vote to approve funds to cover the costs associated with becoming a member in the Central Massachusetts Mosquito Control Project will be on the Annual Town Meeting warrant for May 2, 2011.

The project’s goal is to reduce mosquito exposure to the public, and the potential for disease transmission by mosquitoes, by utilizing proven, sound mosquito control techniques.  

There are three basic control methods practiced to help reduce or eliminate the source of a potential mosquito problem.  They include water management and ditch maintenance which involves cleaning of roadside ditches and culverts, and the removal of brush and debris from streams.  Larviciding determines if larvae mosquitoes are present and the application of a small amount of pesticide to reduce the emergence of the adult mosquito.  Adulticiding is a method to attempt to control the adult mosquito, with the presence of adult mosquitoes being confirmed before any application is done.  CMMCP also has instituted a tire recycling program to reduce mosquito larval habitat.   

The annual membership for the Town of Bolton is $44,000, and the annual assessment is based on a formula derived by the Department of Revenue based on land area.   The products used are registered with the State and tested by EPA and are considered the equivalent of commonly used products at home.  

 

A discussion took place regarding the cost of the program and how the town could fund this program.   Mr. Lindsay estimated that it would cost the taxpayers approximately $22.00 per household per year, and he was opposed to this.   

Although Town officials and residents were concerned about the cost of the program, and asked if the town could pay a reduced amount for less services, Mr. Deschamps explained that CMMCP did not offer a limited-services program and said mosquito control is most effective when  a comprehensive program is implemented on an annual basis.

TOWN ADMINISTRATOR REPORT

FY12 Budget update:  The Advisory Committee continues to review departmental budgets for FY12.  The insurance for the new Library and Public Safety Center has increased approximately $13,000.  Mr. Lowe is reviewing the Town’s insurance policy and doing an evaluation of the deductibles.   On a motion by Lindsay and seconded by Plante, the Board of Selectmen authorized Mr. Lowe to rebid the Town’s property and casualty insurance policies.  (Wysocki – yes, Plante – yes, Lindsay – yes)

Town Counsel will attend the Selectmen’s meeting of April 14 or April 28, 2011 to review the Annual Town Meeting warrant.

Public Safety Center oil leak:  The monitoring of the oil leak continues at the Public Safety Building.   All tests have been negative.  Mr. Lowe stated that between the required testing, along with additional risk assessment testing as a result of new DEP regulations, and the need to submit a response action report, an additional $28,500 is needed. Mr. Dinjian recommended that this expense be funded out of the stabilization fund.   Options as to how the monitoring will be funded will be discussed at the Selectmen’s meeting of March 10, 2011.

Medicare Part B:  At the May 2007 Annual Town Meeting, the town voted to accept the provisions of M.G.L., Chapter 32B, Section 18, which requires retirees who are eligible for Medicare Part A, to enroll in Medicare Part B.  The Town indicated that it would pay 100% of the standard Part B premium for its current and future employees.  Town Counsel has confirmed that the town is not obligated to pay the Part B premium increase recently assessed for senior retired employees with a higher income.

On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to pay only the standard Part B Premium for qualified retired employees and not pay the additional premium increase for those at a higher income level.  (Wysocki – yes, Plante – yes, Lindsay – yes)

Hours at Transfer Station:   The Board of Selectmen discussed reducing the hours of the transfer station for a potential savings.  Based on discussion with Mr. Brown, Director of DPW, Fridays and Saturdays are the most popular days.   If a reduction in hours were to be considered, Wednesday seemed to be the best day.  Possibilities included cutting some or all of the hours on Wednesday, and moving some of the hours cut on Wednesday to Friday or Saturday.   

Preliminary figures showed the cost savings for closing the transfer station on Wednesday is approximately $6,977, and the cost savings for limiting the hours to 4 to 7 p.m. instead of 1 to 7 p.m. is approximately $2,632.  Mr. Plante’s opinion was that any potential savings could be helpful in offsetting the deficit in the snow and ice account.  Mr. Lowe stated that the snow and ice account has a balance of approximately $29,886.    The Board of Selectmen directed Mr. Lowe to evaluate further the hours of the transfer station with Mr. Brown and determine the potential cost savings of additional scenarios for reducing hours.  

CONSERVATION COMMISSION

Present:  Kevin Lord, Conservation Commission Chairman, and Carol Gumbart, Conservation Administrator

Mr. Plante verbally disclosed that he is not sure if he has any family members that are abutters to the properties being discussed this evening with the Conservation Commission.  Ms. Gumbart stated she thought there was one property that may be of conflict, and she would bring it to Mr. Plante’s attention when that property was discussed.  It was the opinion of the other two members of the Board of Selectmen that Mr. Plante did not have to recuse himself from the discussion because the Board would not be voting or making any decisions this evening related to the properties.

  

Weatherbee Parcel:  The Conservation Commission proposed an article to authorize the purchase of land owned by Paul and Barbara Weatherbee.  This land abuts a 48 acre town owned property designated as open space and would enhance the trail and other open space.   The Conservation Commission plans to apply for a grant from the State’s Land program.   The Conservation Commission is negotiating with the Weatherbees and will provide a dollar amount to the Advisory Committee at their meeting on March 15^th.

Tax Title Transfer – Pheasant Run Subdivision:  Ms. Gumbart stated that she thought this property did involve a member of Mr. Plante’s family.  Mr. Plante recused himself from any vote regarding this parcel because he is a Trustee of a parcel that abuts this parcel in tax title.   He also stated that he is not aware of any Association that was formed at this subdivision to establish payment of taxes.

The Town obtained title to this property pursuant to tax title foreclosure for non-payment of taxes on land of low value.  The parcel was designated open space as part of the Pheasant Run Subdivision and held by the Homeowner’s Association.  It abuts the back of the soccer field at Nashoba Regional High School and Fox Run Road.   

Tax Title Transfer – Powder Hill :  Mr. Plante recused himself from any vote regarding this parcel because he is an abutter to an abutter of this property.  

This property is located behind the Town Hall and abuts conservation land in the Powder Hill Conservation Area and is identified as 1^st priority land in the Open Space and Recreation Plan.

 

Fyfeshire Dam:   The Board of Selectmen was provided with a packet of documents related to dam removal.

The Conservation Commission is proposing an article seeking funds for the removal of the dam, but they are still working toward determining the amount of funds needed.  Mr. Lord stated that the Conservation Commission’s decision was based on ecological and financial l factors, and they feel removal is the best thing to do to restore the river.

It is Mr. Lowe’s opinion that we should be able to propose to borrow for the entire project within the home rule petition to remove or repair the dam, and bond counsel will advise us on this.

Mr. Lord provided the Board of Selectmen with a list of organizations in favor of removal of the dam including a letter from Ian Bowles from the Executive Office of Energy and Environmental Affairs.  The Departmental of Environmental Protection (DEP) will be involved in the project whether the Town chooses to repair or remove the dam.

The residents opposed to the removal of the dam have submitted a citizens’ petition for repair of the dam.  Edith Ablavsky, representing the Group for Preservation of Fyfeshire Ponds stated that she has had quite a few people contact her because they are upset about the idea of removing the dam.   Although the ecological organizations may be right in terms of the ecological environment for removal of the dam, they do not know the historical aspect of the property, in that it is a historical dam, and that there is another smaller body of water that will be destroyed in the process, according to the second study that was done regarding removal.    

Mr. Dinjian, Chairman of the Advisory Committee expressed his concern about how we will inform the town meeting participants of the cost of the project to repair or remove the dam when the costs of the two proposals are not firmly established.

For the record, Ms. Remington stated that this brook is North Brook in Berlin, but it is not named in Bolton.

The Selectmen will schedule 20 minutes on their agenda of March 10, 2011 to continue discussions regarding the dam repair or removal.  Mr. Lowe, Town Administrator will work with the Conservation Commission to finalize the warrant article by March 15, 2011.

Ms. Gumbart confirmed that both studies have shown that the Fyfeshire Dam is unsafe and in failure.  The dam was supposed to have been repaired by October 2010 and we were given an extension to June 2011.

 

The Board of Selectmen suggested that Mr. Lowe contact Moderator Jim Anker to seek his opinion on the mechanics of presenting the two articles for repair or removal of the dam at town meeting.

VOLUNTARY TOLL BOOTH

Mr. Keane, member of the Lion’s Club met with the Board of Selectmen to request permission for the Lions' Club to hold a voluntary toll booth on Route 117.  The original request was to hold the toll booth on May 7^th but they are now considering a date in June to avoid conflict with the toll booth held by the Fire Department for the Relay for Life.  

On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve the request for the toll booth and authorize Mr. Lowe to handle the coordination of the dates with the two agencies so that there are 2 or 3 weeks between each event.  (Wysocki – yes, Plante – yes, Lindsay – yes)

SENIOR CITIZEN PROPERTY TAX EXEMPTION

Mr. Merrill submitted a Citizens’ Petition for a Senior Citizen Property Tax Exemption.  Mr. Merrill provided an overview of the article which shifts a percentage of property tax burden from a small number of low-and-moderate-income eligible seniors onto the majority of Bolton’s real estate taxpayers.  The exemption would ensure that income eligible seniors would pay no more than 10% of their annual income in property taxes.  The total taxes raised by Bolton will not change.  Benefits will be according to need, not just age.  This is modeled after the Massachusetts Circuit Breaker Program.

BOARD OF SELECTMEN’S BUSINESS

Household Hazardous Waste Agreement:  Town Counsel has reviewed and provided comment that the Intermunicipal Agreement is very well written with one exception that the agreement does not specifically call for an annual audit according to Massachusetts General Laws, but that it does provide for a mechanism for any community to request an audit at any time.

Upon further review of the agreement by the Board of Selectmen, they expressed concern with the liability as outlined in Section 15, paragraph 2 and Section 16, paragraph 1, and the term of the agreement as outlined in Sections 2 & 15.  

There was also concern with about who would be responsible for any illegal disposal of hazardous waste close to but outside of the facility.  Mr. Lowe will receive clarification on this concern.

Mr. Lowe stated that deferring the execution of this IMA until March 10^th would delay the acquisitions necessary to move forward with the project.   Mr. Lowe will ask for clarification regarding the liability and term of the agreement and report back to the Board of Selectmen so that they can execute the IMA at a meeting on Tuesday, March 1, 2011.

Appointment:  On a motion made by Lindsay and seconded by Plante, the Advisory Committee voted to appoint Patricia Bensetler to the Cultural Council.  The term expiration is March 1, 2017.  (Wysocki – yes, Plante – yes, Lindsay - yes)

Minutes:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve the minutes February 10 and executive session minutes of January 27, 2011.  (Wysocki – yes, Plante – yes, Lindsay - yes)

EXECUTIVE SESSION

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted 3-0 by roll call (Wysocki – yes, Plante – yes, Lindsay - yes) to enter into executive session under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) at 10:00 p.m. to discuss collective bargaining and contract negotiations with non-union personnel and Section 23B(6) to discuss lease of property.   The Board announced it would not reconvene to open session.  

Respectfully submitted Linda L. Day