Board of Selectmen Minutes

Board of Selectmen                              Present:        Stanley Wysocki

March 24, 2011                                                         Curtis Plante (8:00 p.m.)

                                                                                 David Lindsay

                                                                                Don Lowe, Town Administrator

                                                                                    Linda L. Day, Town Secretary

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

Mr. Dinjian, Chairman of the Advisory Committee was present.

TOWN-WIDE YARD SALE

Present:  John Balco and Barbara Parente

The Bolton Local requested permission to sponsor a town-wide yard sale on Saturday, May 14, 2011.  The Bolton Local received positive feedback about the yard sale last year.  This year they are looking at having one or two central locations – such as Bolton Orchards and Great Brook Farms - where people can set up a table.  

On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen approved the request to hold the town-wide yard sale contingent upon approval from Chief Alfano.  (Wysocki – yes, Lindsay – yes)

BASEBALL’S OPENING DAY

Present:  Lisa Shepple and Joyce Sidopoulos

Ms. Shepple requested permission to close Main Street for the Baseball’s Opening Day parade to be held on Saturday, April 30, 2011 (Rain date May 1, 2011).    

The parade will start on Mechanic Street, left onto Main Street and continue to the Memorial Field on Wattaquadock Hill Road.  Fire Chief Stephenson and Police Chief Alfano have approved the request.

On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this event.  (Wysocki – yes, Lindsay – yes)  

CHARITY CYCLING EVENT

Present:  Mark Westberg, Event Coordinator

Mr. Westberg requested permission to hold a charity bicycle ride for the Asthma and Allergy Foundation of America (AAFA) on June 18, 2011.  The registration and ceremony will begin at 9:00 a.m., followed by 20 mile ride at 10:00 a.m.  The ride is limited to 50 participants.

Arrow signs will be posted on Saturday morning along the route to direct the riders, and the signs will be taken down Sunday morning at the latest.  Chief Alfano approved this event and plans to have an officer located at the intersection of Harvard Road, Manor Road and Route 117 if at all possible.  Mr. Westberg will also make the riders aware of this intersection in the written documentation that they receive.  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this event.  (Wysocki – yes, Lindsay – yes)  

LOCAL HISTORIC DISTRICT

Present:  Iris Berdrow, Stephen Bing and Alice Coggeshall

The Board of Selectmen was asked to appoint a Local Historic District Study Committee (LHDSC) for the purpose of investigating and making recommendations on the application for a Local Historic District in Bolton.  Ms. Berdrow stated that the 2006 Master Plan recommended that this Committee be appointed to protect the assets of Bolton.  

The Board received a letter of support from Martha Remington, Chairman of the Historical Commission and Roland Ochsenbein, Main Street resident.

Ms. Berdrow recommended that she be appointed along with Stephen Bing and Alice Coggeshall as part of the initial membership of the 7 member Local Historic District Study Committee, and that the town advertise for the remaining members. The intent is for the Committee to have representation from a Historical Architect, Residential Lawyer, Bolton Conservation Trust Committee and Bolton business owner.  

On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to establish, under the provisions of Massachusetts General Law, Chapter 40C, General Laws, a local Historic District Study Committee consisting of 7 members, which shall make an investigation and report on the historic significance of the buildings, structures, features, sites or surroundings to be included in such a proposed local historic district or districts, as the committee may recommend, and shall submit a final report with its recommendations after a public hearing, together with a map of the proposed district or districts and a draft of the proposed ordinance (bylaw), to the Town Meeting, and to appoint Ms. Berdrow, Ms. Coggeshall and Mr. Bing to the Committee.  (Wysocki – yes, Lindsay – yes)

OAK TRAIL

Present:  Brian Lynch, General Manager of the International Golf Club and Attorney Matthew CampoBasso

Mr. Lynch and Attorney CampoBasso met with the Board of Selectmen to discuss the acceptance of Oak Trail.  The Board of Selectmen received a letter dated March 11, 2011 from Hamwey Engineering, Inc., the Town’s engineer along with an action plan from Mr. Lynch to insure that Oak Trail is acceptable to the Town of Bolton before officially accepting it.

Mr. Lowe said he had discussed the concept with Mr. Plante and Mr. Storey prior to the meeting and that they did not have any objections.   

On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to accept Oak Trail when the action plan and required road repairs are completed to the satisfaction of the Town’s Engineer, and DPW Director Harold Brown.  (Wysocki – yes, Lindsay – yes)  

Both the plans and the deeds of the homeowners will be recorded at the Registry of Deeds by Attorney CampoBasso with the understanding that the road is not being accepted until the required action plan and road repairs have been approved by the Town’s Engineer and DPW Director.  Attorney CampoBasso will return copies of the recorded documents to the Town.

TOWN ADMINISTRATOR REPORT

Mass DOT Highway:  Mr. Lowe reported that he has received a response from the Office of Mass DOT Highway regarding the Board’s letter related to the traffic signal at the intersection of Sugar Road and Route 117.  It is their opinion that installing a left turn arrow for eastbound traffic would make the already congested intersection worse and will increase the overall delay.  The District is in the early stages of creating a plan to alleviate the congestion on Route 117 and might consider making some changes at that time.  Mr. Lowe will contact the Mass Dot Highway office for further discussion.

Way Finding Grant:  Mr. Lowe reported that Ms. Burney has successfully obtained a $10,000 way finding grant from the Department of Housing and Community Development (DHCD) to help provide adequate signage to guide residents and visitors to in Bolton.  Ms. Burney and Mr. Lowe met with the Grant Administrator to give them a better understanding of Bolton’s needs.  The Grant Administrator complimented Ms. Burney on a very thorough and competitive grant application.  The Board and Mr. Lowe congratulated Ms. Burney on a job well done!  

Mr. Lowe will contact the DHCD to see if it is expected that the consultant will absorb the entire grant of $10,000 and if there will be funds to pursue to help with the cost of the signs.

FEMA reimbursement:  Mr. Lowe stated that Worcester County was not included on the list of counties to be reimbursed for the January 12, 2011 snowstorm.   The State is still trying to prove that Worcester County should be included.  Mr. Brown has submitted Bolton’s financial data (totaling $20,432.12) to the State for consideration.

Budget Update:  Mr. Dinjian, Chairman of the Advisory Committee reported that the Advisory Committee talked with Chief Alfano about restoring some money to the police department wages account given the state of the budget at this time.   The Advisory Committee voted to restore $30,000 to the police wages line item and recommended that the Board of Selectmen hire an additional full time police officer.  

Based on reading the contract between the Nashoba Regional School District and the Town, the painting of the 22 section of Emerson School is not a capital expense to be borne by the Town, although the carpeting is. Mr. Brown, DPW Director has included $10,000 for carpet replacement at Emerson School.  

BOARD OF SELECTMEN’S BUSINESS

Appointment:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve the appointment of Li Juan, to the Cultural Council, term expiration March 1, 2017.

Bottle Bill Resolution:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to send a letter of support regarding the Massachusetts Bottle Bill. (Wysocki – yes, Lindsay – yes)

MEMA Grant:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to execute MEMA grant paperwork stating that the Board of Selectmen would be the signing authority for entering into agreements with the State.  (Wysocki – yes, Lindsay – yes)

Annual Report:  Mr. Plante and Mr. Lindsay reviewed the 2010 Annual Report drafted by Mr. Wysocki, and minor revisions will be made.

Minutes:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen approved the minutes of February 24 and March 1, 2011.  (Wysocki – yes, Lindsay – yes)

AFFORDABLE HOUSING PLAN

Present:  Doug Storey, Chairman of the Planning Board

Mr. Storey met with the Board of Selectmen to request acceptance of the updated Affordable Housing Plan to be submitted to the Department of Housing and Community Development (DHCD).  Mr. Storey stated that the plan is not a contractual document.

 

Mr. Lindsay and Mr. Plante provided suggested revisions to the plan.   Mr. Storey agreed to look at the areas discussed and provide revisions to reflect their comments.  The Board deferred voting on the acceptance of the plan until receiving the revised document.  

HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS (HVAC) -BUILIDNGS

Present:  Harold Brown, DPW Director

The Public Safety Center and the Library each have $20,000 budgeted for the maintenance agreements for the HVAC’s.   Mr. Brown hopes that this is extraordinary and in the future he will be able to maintain the systems and/or go on a more limited maintenance agreement to cut the costs.  

The Public Safety Building’s HVAC is still under warranty, and the maintenance agreement starts in August.  The problems with the Public Safety Building boiler have been more significant than the problems at the Library.  

Mr. Plante reiterated his suggestion that an independent committee be appointed to research cost control measures for the public safety center building, including the HVAC system contracts.  

REPRESENTATIVES OF SCHOOL DISTRICT

Mr. Lowe summarized his communication with Supt. Wood and School Committee Chairman Brian Burke where he invited them to attend the Board of Selectmen’s meeting to discuss the NRSD budget.  Mr. Burke was willing to accept the invitation, but made it clear that there would not be any discussion on possible changes or alternative scenarios to the NRSD budget.   The Board of Selectmen agreed that, based on what Mr. Wood and Mr. Burke proposed to present, it was not productive to have them attend the Board of Selectmen’s meeting.    Supt. Wood did state that there is a strong possibility of more cuts in the Chapter 70 and if so, it would absorbed within the current assessment.  

The Board of Selectmen expressed their disappointment that the School Committee declined to come in with any reductions given the reductions that Bolton has had to make in other sections of its budget.  

DISCUSSION REGARDING HIRING OF POLICE OFFICER

Present:  Chief Alfano and Lorraine Kenney, Administrative Assistant

This discussion was deferred to the Board of Selectmen’s meeting on April 14, 2011.

RECOMMENDATIONS ON ANNUAL TOWN MEETING ARTICLES

The Board of Selectmen reviewed the Board of Selectmen’s Statement drafted by Mr. Wysocki, and minor revisions will be made.    

Article 1:   Unpaid Bills For Fiscal Year 2010:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)

Article 2:   Fiscal Year 2011 Budget Transfer:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – no, Lindsay – yes)  Mr. Plante continues to be dissatisfied with the way the Police Department’s budget is being handled.  

Article 3:   Fiscal Year 2011 Transfer from Available Funds:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)   

Article 4:   Accept Annual Reports:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)

Article 5:   Fiscal Year 2012 Operating Budget:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article with the exception of the Nashoba Regional School District assessment.  (Wysocki – yes, Plante – yes, Lindsay – yes)

Article 6:  Transfer of Tax Title Land to Conservation Commission (6.65 acres):  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to give their recommendation on town meeting floor.  (Wysocki – yes, Lindsay – yes)  Mr. Plante abstained from this vote.    

Article 7:  Transfer of Tax Title Land to Conservation Commission (9 acres):  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Lindsay – yes)  Mr. Plante abstained from this vote.  

Article 8:   Purchase Conservation Restriction on Weatherbee Land:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to disapprove this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  Mr. Cohen, member of the Conservation Commission spoke in favor of the purchase.  

Article 9:   Reauthorization of a Revolving Fund for Web-based Municipal:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 10:  Funding for Town Hall Boilers:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 11:  Funding of Oil Tank Cleanup:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 12:  Purchase of Pagers for the Fire and EMS Departments:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 13:  Central Massachusetts Mosquito Control Project:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to disapprove this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 14:  Granting of Liquor License to Nashoba Valley Winery:   On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 15:  Granting of Liquor License to the International Golf Club:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 16:  Adoption of Stretch Energy Code:  This vote was deferred to the meeting of April 4, 2011.

Article 17:  Amendment of the Zoning Bylaws to add Section 2.4.3. Line of Sight At Intersections:  On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – no)       

Article 18:  Amendment of the Zoning Bylaws to Add Subsection 2.5.5.7  Design Review Guidelines:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)       

On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)  

Article 20:  Amendment of the Zoning Bylaws, Section 2.5.5.5 (h) Special Permits for Zoning Use:  On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)       

Article 21:  Amendment of the Zoning Bylaws, Section 2.5.5.6 Plan Approval Process:     On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Plante – yes, Lindsay – yes)         

Article 22:  Amendment of the Zoning Bylaws, Section 2.4.2.2 Sign Regulations:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Lindsay – yes, Plante - no)  

Article 23:  Amendment of the Zoning Bylaws, Section 2.5.3 Flood Plain District:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Lindsay – yes, Plante - yes)  

Article 24:  Adoption of Maps Issued by the Federal Emergency Management Agency:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Lindsay – yes, Plante - yes)  

Article 25:  Purchase of a Used 6-Wheel Dump Body Sanding Truck for Department of Public Works:  On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Wysocki – yes, Lindsay – yes, Plante - no)  

        

Mr.  Plante stated that the Capital Planning Committee had disapproved this request, and he was not convinced the truck was needed based on Mr. Brown’s comments.  

Article 26:  Citizens’ Petition – Senior Citizens Tax Exemption:  On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to disapprove this article.  (Wysocki – yes, Lindsay – yes, Plante - yes)  

The Board of Selectmen stated that they support the intent of the article but in light of new information more time is required to evaluate the impact on town finances.  

It is unclear if Mr. Merrill intends to withdraw the citizen’s petition article above but he has requested a new article be placed on the warrant to see if the Town would vote to accept the provisions of Massachusetts General Laws, Chapter 59, Section 5, Clause 57 providing property tax relief for seniors to be effective beginning in fiscal year 2013.  

Mr. Nichols, Board of Assessors, stated that the Assessors could not endorse the legislation until they have had the opportunity to review and implement a mechanism for payment.

The Board of Selectmen and Advisory Committee agreed to place the following comment in the warrant:  "The Boards are sympathetic to the concept of a lower rate for middle and lower income seniors, but more time is required for the assessors to evaluate the impact of this proposed change on the town’s finances.  Because this particular clause does not become effective until FY2013, there appears to be no advantage to approving it now."

MINUTEMAN REGIONAL TASK FORCE MEETING

On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to appoint Mr. Lindsay as Bolton’s representative to the Minuteman Regional Task Force Committee upon approval of the Minuteman School Committee.   (Wysocki – yes, Plante – yes)

On a motion made by Plante and seconded by Lindsay, the meeting was adjourned at 10:45 p.m.