Board of Selectmen Minutes
Meeting date:
Thursday, August 18, 2011
Board of Selectmen Present: Curtis Plante
August 18, 2011 David Lindsay
Stanley Wysocki
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
NET / VERIZON HEARING – WATTAQUADOCK HILL ROAD
The Board of Selectmen held a site visit at 6:30 p.m. at the intersection of Old Bay Road and Wattaquadock Hill Road to discuss the proposal to place one JO stub pole (95S) on the northerly sideline, approximately 79 feet west of existing Pole No 95.
The Board then returned to the Town Hall at 7:00 p.m. to continue the discussion.
The latest proposal is to place the pole further up Wattaquadock Hill Road using a longer guy wire. The location of this pole would require an aerial easement from the owner of the property.
Ms. Remington, Chairman of the Historical Commission expressed her disappointment that the location of the pole and wires would be detrimental to the scenic road.
Ms. Caisse would like to have a prescriptive easement for this property that would allow this situation to be re-visited if technology were to improve in the future. Mr. Burns, representative of National Grid confirmed that the State of Massachusetts does not allow prescriptive rights.
Mr. Plante stated that the pole in question is presently supported with a guy wire that is attached to a tree that will eventually die, and therefore National Grid should consider an alternative to support the pole.
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve the placement of one new pole on the northerly side line approximately 160 feet west of the existing pole 95 on Wattaquadock Hill Road. (Plante – no, Lindsay – yes, Wysocki – yes)
The Town Administrator, property owners and representatives of National Grid and Verizon were all thanked for their efforts in coming to an agreement.
BROWNFIELD GRANT APPLICATION
Present: Roland Ochsenbein, Robert Roemer, Robert Held, Richard Heaton, Eileen Griffin, members of the Partners for Planning
Mr. Plante recused himself from this discussion and left the meeting.
Members of the Partners for Planning provided a report to the Board of Selectmen on their findings with regard to the Smith property at 715-723 Main Street.
The Partners for Planning is an ad hoc task group that came together out of concern for the future of the Town Center. Their goal is to protect the integrity of the Town Center, come up with a positive plan for the Smith property and create a long term financially viable solution.
An environmental investigation has been completed and they have a far more accurate assessment of the liability associated with this property. The property was appraised at $230,000 based on four impacting problems that included zoning, contamination on the property, failed septic systems on two lots, and ledge and wetlands on the property.
A conceptual plan showed a town green complimented by a limited amount of affordable housing units. Development is limited based on the septic system capacity on the property.
The total project expenses are estimated at $611,000. This includes the purchase of the property, $230,000; cleanup, $175,000; Licensed Site Professional, $50,000; unforeseen contingencies; $56,000 and $100,000 for the Town to obtain specialists including project manager, land surveying and engineering, and grants. Sources of funds include $150,000 from the sale of the property to a developer and the recommendation that $125,000 be taken from the Affordable Housing Trust. There are also grants that are available only if the town applies for them.
The investment would start to generate a positive revenue cash flow in the 4th year and the projections show a 10-year payback with a positive cash flow to the Town at occupancy in the 4th year.
The Partners for Planning felt that this was Town business and requested that the Board of Selectmen’s support the project and call a Special Town Meeting for the voters to decide on whether or not this is a project that they would like to see move forward.
Mr. Lindsay stated that he was a little more comfortable with the proposal after meeting with members of the Partners for Planning. Mr. Wysocki applauded the efforts of the Partners for Planning but felt it would be a good faith effort for the Partners for Planning to do some fundraising for the project which he felt would go a long way in making it more appealing to the Town.
Ms. Remington, Chairman of the Historical Commission stated that the Commission is in favor of the plan such as this for the Town Center.
At this time, the Partners for Planning are still in negotiations with the property owner and will report back to the Board of Selectmen and Town Administrator Don Lowe when negotiations have been finalized.
PERSONS PARK
Present: Tom Wildman, Lori Colby, members of the Parks/Recreation Commissions; Martha Remington, Chairman of the Historical Commission; and Rona Balco, resident.
Members of Parks/Recreation Commission met with the Selectmen to discuss the current state of Person’s Park along with their vision and recommendations for the future.
In 1996, Persons Park, located at 149 Hudson Road was donated to the Town of Bolton by Drs. Duncan and Pauline Persons. There is a cottage on the 5.5 acre parcel that overlooks Little Pond.
The deed stated that the land should be kept and used as a public park for swimming and boat access to Little Pond, and that the cottage be maintained as long as practical and be used in a manner consistent with the use of the property as a public park and pond access.
Over the years, the property has not been used and it is starting to deteriorate. The property has been inspected by the Town’s Building Inspector Mike Savaugeau and Assistant Building Inspector David Drugge. The building is in need of significant repairs, including the removal of lead paint and roof repairs. It would cost an estimated $100,000 to do the necessary renovations.
It is the opinion of the Parks and Recreation Commission that spending the time and money to renovate the cottage is not in the best interest of the Town. They would like to see the cottage and shed removed and the property developed into a more useable facility.
Ms. Remington, Chairman of the Historical Commission stated that she would like to see these historical structures preserved. The Historical Commission recommended that the property be used until such a time when the Parks and Recreation Commission finalize their plans for the property. The Historical Commission and a group of citizens are willing to work with the Parks and Recreation Commission to clean up the property.
The Board of Selectmen stated that everyone needs to understand that a public place has to be a safe environment and expressed concern with the cost to bring the property to code.
The Selectmen suggested that the Parks and Recreation and Historical Commission work together to come up with a long term plan to present to the Board of Selectmen at a future meeting. In the meantime, the Selectmen suggested that the groups work together to clean up the property with any expenses coming from their existing budgets. Any questions regarding the removal of property from Person’s Park can be addressed with Town Administrator Don Lowe. The Board of Selectmen scheduled a site visit for Thursday, September 8th, 2011.
PLANNED ROAD WORK
Present: Harold Brown, DPW Director
Mr. Brown requested permission to do road work on Woodside Drive, Weathers Lane, East End Road (from Sugar to approximately 200’ from Route 117) and Kettle Hole Road (approximately 2640’ in length). All roads will have pavement recycling, catch basin repair and hot top. The work will start in the next couple of weeks depending on the availability of the contractors.
Woodside and Weathers Lane will be closed, a detour will be used for East End Road and Kettlehole Road will have one lane open. The sign board will be used to notify the residents of the road work and a notice will be published in the newspaper.
SCHNEIDER PROPERTY, CORNER OF MECHANIC STREET AND MAIN STREET
Present: Mr. Schneider, resident of 694 Main Street and Mr. Brown, DPW Director
Mr. Plante noted that there is water being discharged from the basement of 694 Main Street onto a Mechanic Street as of 6:55 p.m. this evening. This is not allowed according to the Bolton Zoning Bylaws, 2.4 General Regulations, Section 2.4.1.1.
Mr. Schneider clarified that he gets water in his basement when Pond Park is flooded for the ice skating rink and when there is a high water table which is the problem at this time.
Mr. Schneider requested approval from the Board of Selectmen to run a 1-1/4-inch HDPE pipe underground from the foundation at 694 Main Street through the side of the catch basin at the intersection of Main Street and Mechanic Street to deliver the sump water directly into the drain.
Mr. Plante stated that he was in favor of the proposal to tie into the catch basin, however, it was his opinion that the proposal must be designed by a qualified engineer and approved by the Department of Public Works, Board of Health, and the Planning Board. Mr. Schneider will meet with these Boards and Department of Public Works for approval of his proposed plan.
APPOINTMENTS - LOCAL HISTORIC DISTRICT STUDY COMMITTEE
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to appoint Roger Breeze, Diane Swenson and Vu Alexander to the Local Historic District Study Committee, term expiration is “through completion”. (Plante – yes, Wysocki – yes) Mr. Lindsay stepped out for this portion of the meeting.
APPOINTMENTS – BOLTON CULTURAL COUNCIL
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to appoint Michelle Grann-Super and Wynne Weinigarden to the Cultural Council, term expiration August 1, 2017. (Plante – yes, Lindsay – yes, Wysocki – yes)
GREAT BROOK FARMS – ONE-DAY BEER AND WINE LICENSE
Bruce Slater, owner of Great Brook Farms
Mr. Slater met with the Board of Selectmen to obtain approval for a one-day beer and wine license for an event to be held on August 20, 2011 from 5:00 to 11:00 p.m.. Mr. Slater has had events in the past and there have been no issues reported.
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve a one-day beer and wine license for August 20, 2011 from (Plante – yes, Lindsay – yes, Wysocki – yes)
TOWN ADMINISTRATOR REPORT
Update on Health Care Legislation: Mr. Lindsay attended the Steering Committee meeting of the Minuteman-Nashoba Health Care Collaborative held on August 4th, 2011. Mr. Lowe attended the Mirrick O'Connell seminar and an MMMA workshop, both of which focused on the health care reform legislation. Mr. Lowe stated that regulations regarding the recently passed municipal health care legislation will be introduced in January to allow the towns the time to prepare for open enrollment in April. The Town has the option to stay in the collaborative or go with the “GIC” which is a state-managed plan.
The Collaborative's steering committee voted unanimously to have the three health care providers (Blue Cross/Blue Shield, Tufts and Fallon) develop plans for the Collaborative's board meeting on September 14, 2011. The nature of the plans could result in lower premiums to employees, but an increase in co-pays. There could also be approximately a 20% reduction in the Town's annual insurance expenses. The first year the Town would have to share 25% of the savings back to the employees, possibly by reducing premiums.
Review of policy for Bring Your Own Beverage (BYOB): On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to approve the Bring Your Own Beverage Policy with the revisions proposed by Mr. Lindsay. (Plante – yes, Lindsay – yes, Wysocki – yes) The effective date will be August 19, 2011.
Tenth Anniversary Commemoration: The Tenth Anniversary Commemoration of the terrorists attacks of September 11, 2011 will be held at 8:15 a.m. at the Public Safety Building on Wattaquadock Hill Road. The program will include the Pledge of Allegiance followed by the Bolton’s Scout Troops raising and lowering the flag to half-mast. The Nashoba Regional High School Band will also be participating. Speakers include Clergy from all three churches, Chairman of the Board of Selectmen and State Representative Kate Hogan. At 8:46 a.m. there will be a moment of silence followed by the tolling of the church bells and gathering for refreshments. Parking will be at the Trinity Church and Memorial Field.
Process for filling the Patrol Officer vacancy: On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to authorize Mr. Lowe to conduct a search and proceed with advertising for a full time patrol officer. This position was vacated by Chris Harrington who served the town very well and will be missed. Mr. Lowe stated that some of the applicants received during the last search for a patrol officer will be contacted. (Plante – yes, Lindsay – yes, Wysocki – yes)
Process for filling the Fire Chief vacancy: Mr. Lowe stated that he has received four applications for the position of Fire Chief. The Board of Selectmen will review the applications and set the interview schedule at their meeting on September 8, 2011. Interviews are anticipated for September 22, 2011.
Mr. Plante stated that Town Counsel has advised him that he should not participate in the process of appointing the new fire chief because he is a member of the Fire Department. However, in the event that there is a tie, Mr. Plante has the choice to invoke the rule of necessity to break the tie.
DPW Director Employee Contract: On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to ratify and execute the employment contract for DPW Director Harold Brown, effective July 1, 2011 to June 30, 2013. (Plante – no, Lindsay – yes, Wysocki – yes).
BOARD OF SELECTMEN BUSINESS
Public Ways Safety Committee: The Public Ways Safety Committee invited the Board of Selectmen to attend their meeting to discuss the next step in moving the Line of Sight Bylaw forward. This Bylaw was defeated at the Annual Town Meeting on May 2, 2011. The Board of Selectmen suggested that they reach out to the townspeople who spoke against the article at town meeting. Mr. Lindsay agreed to attend the Public Ways Safety Committee to discuss how the regulations associated with the prospective bylaw could be written to address his concerns.
Minutes: On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to approve the regular session and executive session minutes of June 9, 30 and July 21, 2011. (Plante – yes, Lindsay – yes, Wysocki – yes)
PUBLIC SAFETY BUILDING
Mr. Lowe stated that there is a site visit scheduled for Tuesday, August 23, 2011 to discuss all open issues related to the interior and exterior of the public safety building. Mr. Lowe will provide an update at the next Board of Selectmen’s meeting.
EXECUTIVE SESSION
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Lindsay – yes, Wysocki - yes) to enter into executive session under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) at 9:15 p.m. to discuss collective bargaining and contract negotiations. The Board announced it would reconvene to open session.
DPW UNION CONTRACT
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to ratify and execute the Agreement between the Town of Bolton and AFSCME Council 93, AFL-CIO, effective July 1, 2011 to June 30, 2014. (Plante – yes, Lindsay – yes, Wysocki – yes)
POLICE CHIEF CONTRACT
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to ratify and execute the employment contract for Police Chief Vincent Alfano, effective July 1, 2011 to June 30, 2014. (Plante – no, Lindsay – yes, Wysocki – yes).
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to adjourn at 9:45 p.m.
Respectfully submitted by Linda L. Day