Board of Selectmen Minutes
Meeting date:
Saturday, December 12, 2009
Board of Selectmen Present: Kenneth F. Troup
December 17, 2009 Stanley Wysocki
Curtis Plante
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
TOWN PLANNER
Present: Jenny Atwood Burney
Oak Trail: Ms. Burney reported that although Oak Trail was accepted at the Annual Town Meeting in May of 2008 the town has been awaiting deeds from two of the residents conveying the road, slope and drainage easements to the Town. All but two of the residents have signed the deeds although they have been contacted numerous times. Town Counsel suggested proceeding with the signing of the as-built and street acceptance plans. Without the deeds, the residents will be responsible for any maintenance and damage to the drainage in front of their home. The Board of Selectmen was opposed to signing the plans at this time and authorized Mr. Lowe to send a letter to the residents in an attempt to get the required deeds.
Class II License: Ms. Burney reported that the Board of Appeals granted a special permit to Terzo Trombetta, of Beetle Bug III on November 17, 2009 and the 20-day appeal period ends on December 21, 2009. The Board of Appeals received a letter from an abutter who has expressed concerns about the property being littered with numerous junk vehicles and asked that the Board of Selectmen address these with Mr. Trombetta when he applies for the renewal of his Class II License. The Board found the concerns to be legitimate and will discuss with Mr. Trombetta at the time of the request for renewal of the Class II license.
Articles: Ms. Burney provided the Board of Selectmen with a list of potential articles being proposed by the Planning Board for the Annual town Meeting on May 3, 2010. They include:
- Amendment to Section 2.4.1.4 Common Driveway
- Amendment to Section 2.4.1.1 Driveways
- New bylaw for Lighting
- Amendment to Section 2.4.1.3 Parking
- Amendment to Section 2.5.5.2 (j) Activity Regulations
- Amendment to Section 2.3.4 Schedule of Uses
- Amendment to Section 2.4.2 Sign Regulations
- Amendment to Section 2.5.5.6 Site Plan Review
- Amendment to Section 2.5.7.6 Wireless Bylaw
- Rezoning of particular parcels - limited business/business or village overlay.
- FOSPRD
In addition, the Planning Board will be revising their Rules and Regulations, and the fee schedule.
Mr. Plante suggested that there be a joint meeting with the Board of Selectmen when discussing the proposed articles for the annual town meeting.
Economic Development Committee: Mr. Burney reported that there were 11 people interested in serving on the Economic Development Committee. They all have great backgrounds and can bring a lot to the Committee. Ms. Burney suggested that no one be turned away and suggested forming subcommittees which could meet when needed and report back to the Economic Development Committee. The subcommittees would include writing of the Economic Development Action Plan and Research; Funding Sources and Programs; Marketing and Business Development. The Board of Selectmen did not have a problem with a 9 to 11 member Committee. Those interested will be invited to a meeting to discuss the charge of the Committee and how they would like to organize.
UPDATE ON FIRE STATION OIL TANK LEAK
Ms. Mason reported that the existing underground oil storage tank (installed in 1964) located at the back of the fire station was removed by Groom Construction as part of the public safety center project. During removal of the tank, oil was discovered approximately 9 feet under the tank. It appears that it is contained in the general area of the tank and blocked on the north side by a larger boulder and on the east side by the old fire station itself. The amount of soil excavated exceeded the allotted 40 tons outlined in Groom’s contract. The amount of allowable parts per million exceeded the state requirement and therefore, DEP was notified. A licensed site professional was retained through Maguire Group, Inc., to oversee and direct further testing and excavation. Soils sample results are expected early next week which will determine what further action will need to be taken. The Town will also be required to submit a plan to the DEP outlining the actions to be taken pending the soil sample requests. Maguire Group, Inc. has provided an estimate of approximately $30,000 to move forward with providing the necessary reports to DEP along with monitoring wells and further testing if necessary. It does not include the disposal of soils.
At the Public Safety Center Construction Committee meeting on Wednesday, December 16, 2009 the Committee voted to authorize Mr. Lowe to enter into negotiations with the Maguire Group, Inc., for an addendum to the contract, not to exceed $30,000.
Ms. Mason provided a recap of the construction budget showing a starting budget of $5,985,000 along with detailed commitments to date and known obligations that left a balance of $127,764. Upcoming estimated obligations totaling $113,059 left a balance of $14,705 for unforeseen factors. The Public Safety Center Construction Committee is recommending that they be reimbursed the $30,000 for engineering services necessary.
Mr. Lowe reported that letters have been sent to the abutters to explain the situation and providing contact information for getting updates on the situation.
Mr. Steve Bing of Main Street expressed concern about his drinking water and the possibility of monitoring wells. Ms. Mason explained the information would be communicated as soon as the information was received.
Mr. Lowe reported that there are no other municipal buildings that have underground storage oil tanks. Mr. Spratt, NRSD Facilities Manager confirmed that there is an underground storage oil tank at both the Emerson and Florence Sawyer Schools but that they have a double-wall fiber glass tanks with alarms.
The Committee hopes to have more information on the estimated cost for the oil spill clean up the beginning of February at which time officials can determine a funding source and whether or not a special town meeting will be needed.
MUNICIPAL SPACE NEEDS DISCUSSION
The Board of Selectmen held a meeting to discuss municipal space needs and the forming of a committee to come up with a plan to meet the needs with available space. A similar meeting was held approximately two years ago. Since that meeting there has been some actions and changes to factor into the discussions: The Houghton building will soon be vacant with the completion of the public safety facility; the library and public safety facility will have community rooms that can be used for board and committee meetings; the force main and sewage treatment plant will now handle all sewage from the schools, Houghton building, library and public safety center; the senior center at the senior housing complex increased operation from 2 to 3 days a week; the relocatable was demolished; the school population growth has been flat and is not expected to increase anytime soon; additional parking was constructed adjacent to the Town Hall; a new town administrator was hired; funding for the assistant town administrator was cut; the treasurer/collector position was consolidated with the assistant treasurer/assistant collector office being located at the town hall; and a pilot project for scanning large maps to consolidate filing space needs was completed and proposals are being reviewed for a permit tracking program.
Mr. Zak cautioned the expectations of using the library community room for normal town business because the Massachusetts Board of Library Commissioners (MBLC) grant that funded the construction of the new library was contingent on the library being “single use” facility. An alternative designation which they chose not to apply for was for a mixed public and town administrative use which would have resulted in substantially reduced funds from the MBLC. Mr. Zak stated that any changes to the use would require the Library Trustees to go back to the MBLC. Mr. Zak’s opinion was that that a regularly scheduled meeting such as selectmen’s meetings would be considered a town administrative use while a book club or other community event would fit the primary use.
Mr. Troup stated that there are existing plans showing space needs as suggested by town employees from two years ago along with drawings that were prepared by an architect that provided a plan of town hall allowing for more office space. Mr. Lowe, Town Administrator expressed his preference in moving the Finance Team from the Emerson School to the Town Hall and evaluating the available of the meeting room space at both the library and public safety center.
A suggestion was made to use the first floor of the Houghton Building as meeting space. Mr. Johnson stated that it would cost approximately $20,000 to replicate what we have at the town hall for cable and would be covered by BATCO funds and not the responsibility of the town.
Ms. Tripp, Council on Aging member suggested the first floor of the Houghton building be used as a community center once it is vacated by the Police Department. She recommended an elevator be installed in the Houghton Building supported by fundraising, but officials informed Ms. Tripp that an elevator was quite expensive and their last quote received was estimated at $250,000. Mr. Johnson, Bolton Access Television (BATCO) member suggested that the town groups not requiring the need for handicap accessibility be allowed to use the second floor of the Houghton Building. Mr. Pokorney, Parks and Recreation member also suggested that the second floor be used for town sports leagues such as soccer, etc.
Ms. Evans stated that there is a great need for the seniors to be able to meet more than the three days a week but at the same time she does not want to see taxes increased. Mr. Spratt, Facilities Manager for the Nashoba Regional High School District offered the use of the Florence Sawyer School space for various activities for the seniors.
Mr. Ianetti pleaded with the Board of Selectmen to do something for the seniors of Bolton.
Mr. Plante was discouraged that the District’s administrative offices have taken over Emerson School and that they only pay $10,000 to Bolton for rent when we could be using this space for a town hall or senior center. He feels we are doing ourselves a disservice if we do not consider the Emerson School as our space.
Mr. Spratt stated that the district has been looking for office space in all three towns, preferable in Bolton, because the regional agreement specifies that the offices be centrally located. He also noted that the 1952 and parts of the 1922 are used for educational use.
The Board of Selectmen agreed to form a Space Needs Committee and will advertise in the newspaper and on the website for volunteers to serve on the Committee.
MAGUIRE CONTRACT
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to authorize Mr. Lowe to enter into and sign an agreement with Maguire Group, Inc. for the environmental consulting services related to the oil leak at the fire station. (Troup – yes, Wysocki – yes) Mr. Plante recused himself from this discussion.
SENIOR TAX REBATE PROGRAM (STRP) GUIDELINES AND APPLICATION
On a motion mad by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the amended Senior Tax Rebate Program guidelines and application. (Troup – yes, Plante – yes, Wysocki – yes)
WIRELESS COMMUNICATIONS TOWER, FORBUSH MILL ROAD
Mr. Lowe reported that the clearing has begun for the cell tower to be located at the transfer station on Forbush Mill Road.
MINUTES
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the minutes of August 24, October 1 and October 21, 2009. . (Troup – yes, Wysocki – yes, Plante – yes)
LICENSES
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the common victualer licenses for Colonial Candies, Great Brook Farms, Classic Pizza III, Bolton Springs Farm, Davis Farms, The International Golf Course, Bolton House of Pizza, Roadhouse Restaurant, Country Cupboard, The Salt Box Country Store, contingent on receipt of the required paperwork. (Troup – yes, Wysocki – yes, Plante – yes)
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the antique license for Bamby Philbin, dba Odd & Olde Antiques. (Troup – yes, Wysocki – yes, Plante – yes)
The Board of Selectmen also executed the liquor licenses that were approved at their meeting on December 3, 2009.
The International, Inc. Club/All Alcoholic
Nashoba Valley Spirits, Ltd. Restaurant/Wine and Malt
Bolton Country Cupboard, Inc. Package Store/All Alcoholic
Pennacook, Inc. Package Store/All Alcoholic
(dba Firewater & Wine Package Store)
Bolton Road House, Inc. Restaurant/All Alcoholic
WARRANT FOR STATE ELECTION
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to execute the warrant for the State Election to be held on January 19, 2010. (Troup – yes, Wysocki – yes, Plante – yes)
OVERLAY RESERVE
Mr. Lindsay reported that at the Advisory Committee’s meeting on Tuesday, December 15, 2009 the Assessors confirmed that $150,000 would be coming back to the Town from the Overlay Reserve. The Assessors also recommended that we reduce the amount budgeted for the overlay reserve in FY11 from $325,000 to $125,000.
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Troup – yes, Wysocki – yes) to enter into executive session under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) at 9:50 p.m. to discuss strategy with respect to collective bargaining. The Board announced it would not reconvene to open session.