Board of Selectmen Minutes

Board of Selectmen                                Present:Curtis Plante

January 22, 2009                                    Kenneth F. Troup

                                                                Stanley Wysocki

                                                                Michelle Ciccolo, Interim Town Administrator

                                                                Linda L. Day, Town Secretary

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

Don Lowe, newly hired Town Administrator was also present.

NET HEARING – LONG HILL ROAD

The Board of Selectmen reported on the site visit at Long Hill Road.  On a motion by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the installation of 2 SO poles on Long Hill Road beginning at a point approximately 684 feet northwest of the centerline of the intersection of Teele Road and continuing approximately 108 feet in a northwesterly direction.  (Plante – yes, Troup – yes, Wysocki – yes)

CONSERVATION COMMISSION

Carol Gumbart, Conservation Commission Administrator

Taylor property  - West Berlin Road:  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to accept a quitclaim deed for a 1.4 parcel on West Berlin Road.  This land was originally owned by Ed and Virginia Taylor.  (Plante – yes, Troup – yes, Wysocki – yes)

Bonazzoli property – Burnham Road:  Ms. Gumbart stated that the title search for the 0.3 acre parcel located on Burnham Road that Mr.  Bonazzoli wished to gift to the town has come back clouded. There is no access to this land but it is adjacent to conservation land which would add to the existing conservation land.   It appears that there is a 5^th owner who has not been identified and needed to release the decree of partition.   Mr. Bonazzoli has no interest in clearing the title.  Ms. Gumbart asked the Board’s opinion as to how they would like to proceed or if they would like to rescind the gift.  The Board was not convinced that it was worth proceeding. They suggested that Ms. Gumbart do some research to see if she could find the 5^th owner, but did not want her to waste a lot of time on this.  

Vinger property – Berlin Road:  Ms. Gumbart requested that the Board of Selectmen accept a trail relocation associated with the Vinger conservation land, off Berlin Road.  Ms. Gumbart stated that when the trail work was started the neighbors noticed that the trails were very close to their property and proposed the relocation of the trail further from the homes.  On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the relocation of the trail.  (Plante – yes, Troup – yes, Wysocki – yes)

Appointment:    On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to appoint Linda Stevenson to the Conservation Commission, term expiration June 30, 2009.  

GREAT BROOK FARMS

Bruce Slater, Owner of Great Brook Farms and Chief Alfano

Mr. Slater met with the Board of Selectmen to request permission for a one day beer and wine license for a musical event to be held on January 25, 2009 from 5 to 10 p.m. at Great Brook Farms, 356 Main Street.  Mr. Slater anticipated 65-75 people.  Mr. Slater has hired a bartending company that will carry the required liability insurance.  There is plenty of parking and Mr. Slater did not see any problems with traffic.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the one day beer and wine license with the understanding that Mr. Slater will bring all paperwork up to date with the Town.  (Plante – yes, Troup – yes, Wysocki  - yes)

VERIZON WIRELESS APPLICATION, FORBUSH MILL ROAD

The Board of Selectmen signed the Verizon Wireless application for a hearing with the Board of Appeals regarding three variances with the understanding that the site plan would be updated to address the discrepancies Ms. Burney, Town Planner outlined in her memo dated as 1/15/09.   The three variances being requested include:  Section 2.5.7.6.8 (i) property line setback; Section 2.5.7.6.8 (iii) residence setback; and Section 2.5.7.6.11 (i) – accessory building size.  

The Board of Selectmen also signed a letter of authorization for Verizon Wireless to apply for any necessary zoning permits or any other approvals, including but not limited to the filing of a building permit application, which is necessary for the installation of the wireless telecommunications facility at the above reference property.  

FLORENCE SAWYER SCHOOL/EMERSON SCHOOL WELL

The Board discussed the proposal brought forward by Mr. Spratt, Facilities Manager to solve the issues related to the underground oil storage, the above-ground tank, the rubbish dumpster, parking area, and storage containers that are all within the well head protection zone.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the expenditure in the amount of $1,500 for a study to abandon the well.  This expenditure will be funded out of the Board of Selectmen’s engineering budget.  

LION’S CLUB – FRUIT SALES ON THE TRANSFER STATION

The Board of Selectmen reviewed the request of Lion’s Club member Bill Keysor to use the transfer station as a pick up point for fruit sales.  DPW Director Harold Brown approved this request and the Board of Selectmen was also favorable to the request contingent on approval from the Board of Health.

CLARIFICATION OF CLASS II LICENSES

Class II licenses were issued in the past to residents and it has since been determined that according to the zoning bylaws this was not allowed. The Board of Selectmen will request opinion from Town Counsel regarding the previous issuance of Class II licenses as to whether they can be grandfathered and new licenses issued.

EXPENDITURES AND EMERGENCY MANAGEMENT

Present:  Harold Brown, DPW Director and Donald Baum, Emergency Management Coordinator

Expenditures for December 11, 2008 ice storm:  Mr. Brown stated that since the December 11 ice storm they have cleaned up all that needs to be done along roadsides to allow for them to plow.  They are working on taking care of all the hangers and this project will be on-going for another 3-4 weeks.  

Mr. Brown attended the FEMA kickoff meeting and said they anticipate will FEMA will pay 75% of the eligible cost.  Administrative Assistant Shelly O’Toole is working overtime to put together the material required and will submit her overtime as part of the requested reimbursement. Mr. Brown stated that he has spent approximately $88,624 out of the snow and ice account for the cleanup so far.  Mr. Troup stated that FEMA has not decided on an end date for the cleanup, therefore the emergency is still in place and any cleanup work done until the end date is determined can be submitted for reimbursement.  

Mr. Brown stated that he has followed the proper procurement laws in securing help with the emergency cleanup.  He plans to move into the regular contract with Northern Tree Service that was already established prior to the ice storm.  The notice in Central Register is negated and he will not go out to bid for the brush until they know exactly how FEMA wants them to proceed with the bid process.  

Mr. Brown stated that some communities are allowing residents to pull the brush to the side of the road for pick up by the Town.  This is part of the allowable expense by FEMA although we would be paying 25% of the cost.  The Board acknowledged that it is our responsibility to keep the public ways free of brush but any property damage suffered is the responsibility of the property owner.

The Board suggested that Mr. Brown use his judgment and discretion when removing the brush.

Mr. Brown requested overspending of the snow and ice account in the amount of $200,000.  He stated he has approximately $134,128 in bills for the clean-up which includes the $88,624 already paid out, and there are additional outstanding bills that he has not received yet.

The Selectmen suggested that Mr. Brown keep the accounting separate for the regular snow and ice removal and the December 11 ice storm.

Mr. Brown sees another $150,000 will be needed in snow and ice if the winter continues at the magnitude it has been.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to authorize overspending of up to $200,000 in the snow and ice budget.  (Plante – yes, Troup – yes, Wysocki – yes)

Emergency Management:  Mr. Baum stated that when he took on the Emergency Management Coordinator position he was in fear of losing any grant opportunities with the Department of Homeland Security.  Mr. Baum expressed his embarrassment with the lack of support from town and stated that if the town wants to pursue emergency management things must change and people need to attend meetings.  

Mr. Baum also expressed his frustration with a recent phone call from Mr. Plante where he claims Mr. Plante accused him of not doing his job and called him a liar.  Mr. Plante stated that he contacted Mr. Baum to set up a convenient time where they could discuss the activity following the December 11 ice storm and he did not call him a liar.  Mr. Plante stated that Mr. Baum hung up on him and did not return his second call.   Mr. Baum submitted his resignation as Emergency Management Coordinator effective immediately.  Mr. Troup stated that there is more interest and appreciation for the emergency planning needs after the December 11 ice storm and encouraged everyone, including Mr. Baum, to take a look at the plan and stay involved.

DISUCSSION WITH REPRESENTATIVE HOGAN REGARDING SHOVEL READY PROJECTS

The Board of Selectmen congratulated Kate Hogan on her election.

Representative Hogan stated that she would be meeting with the Lieutenant Governor in the next couple of weeks to get an idea of how they will be distributing the funds from the expected Federal stimulus for the shovel ready projects.

Representative Hogan was provided with a list of Bolton’s shovel ready projects that showed the DPW projects prioritized into three categories.  Mr. Brown stated that he prioritized the list into the various time frames so that one project would not delay the entire project.  

Culvert Replacement - East End Rd

Culvert Replacement – Spectacle Hill Rd

Route 117 – Rebuilding from Lancaster Town line to Route 495

Houghton Building – Window Replacement

DPW Salt Shed – Construction

Town Hall – Window Replacement

School Zone Lights – Replacement (this is a portion of the sidewalk reconstruction request)

Route 117 / Route 110 Intersection – Redesign

Route 117 / Manor / Harvard Intersection – Signalization

Route 117 / Wattaquadock – Signalization

Route 117 / Forbush Mill / Green Intersection – Redesign

Route 117 / Route 85 – Signalization

Athletic Field - reconstruction

The other projects~submitted that are not included in Mr. Brown’s prioritizations include:

Bolton Force Main Project

Bolton Public Safety Center

Bolton Public Safety Training Facility

Public Safety Building Energy Efficiency & Solar Hot Water, and Solar PV

 and attached excel sheet entitled Public Safety Building Energy Efficiency

Bolton Public Library – Energy Efficiency Upgrade

Fyfeshire Dam repair (aka Fish Pond Dam)

Stephenson Property

Mr. Plante asked if the program would assist with the projects that are already underway.    Chief Alfano stated that he talked with Assistant Lt. Governor about the same question and although he did not know the answer he suggested that the public safety center project be submitted.

ADVISORY COMMITTEE, OVERALL BUDGET

Present:  David Lindsay, Randy Dinjian and Bob Czekanski, Advisory Committee members and Julie Costello, Town Accountant

Mr. Lindsay reported that the Nashoba Regional School District budget is up 3.86% for FY10.  Our assessment will depend on the Chapter 70 and transportation aid.  The total personnel were kept pretty near to constant with no significant change in enrollment.  Supt. Wood has indicated the willingness to consider using the E&D account.

Ms. Day stated that an article has been received from Minuteman for the establishment of a stabilization fund by the Minuteman Regional Vocational Technical School District.

Mr. Lindsay stated that the Advisory Committee’s idea is that the absolute minimum to be left in the free cash is $500,000 at the end of the budget process.  We are about $60,000 away from that but with the reductions in budgets at the last Advisory Committee meeting and the Advisory Committee’s recommendation to reduce the cost of living adjustment (COLA) to 1% there is approximately another $40,000 to cut.  The Worcester County Retirement has increased about $20,000.  An additional $290,000 would need to be cut to get to $750,000 in free cash.  The expanded library operating budget is up 80% and the Advisory Committee feels they are going to have to trim this some.   Mr. Lindsay hopes that the line by line process will get us to the point where the recommendation to decrease budgets across the board will not need to take place.  The Selectmen recommended that a discussion take place before any across the board budget decreases are requested.

Mr. Troup cautioned against decreasing the COLA for the handful of non-union employees it would affect which he felt could cause them to form a union.  It is important to assess the tradeoff in this situation.   Mr. Lindsay stated that when the COLA is decided, the Town Administrator must negotiation the same COLA with the police union contract.

A suggestion was made to meet with the union representatives to provide them with an overview of the status of the budget and make recommendations pertaining to the union contracts.  

A suggestion was made to discuss the school budget at the next tri-town meeting.   Mr. Lindsay informed the Board of Selectmen that he suggested the proposed expenditure for the Fyfeshire Dam is put in at a much smaller amount and it be borrowed over 5 years.

PUBLIC SAFETY CENTER GROUNDBREAKING

The groundbreaking for the public safety center will be at the Fire Station on Saturday, January 24, 2009 at 11:00 a.m. All are invited to attend.  Refreshments will be served following the ceremony.

UPDATE ON TOWN ADMINISTRATOR SEARCH

The Board of Selectmen interviewed the two finalists for the Town Administrator position on Wednesday, January 21, 2009.  The majority of the Town Administrator Search Committee was also present.  Both candidates were well received and qualified to do the job, which placed the Board of Selectmen in a difficult position.  The Board of Selectmen tabled their decision the evening of the interviews and individuals of the Board of Selectmen did additional exploring of information on the finalists.

Mr. Wysocki stated he had enough information to make a decision this evening.

Mr. Troup stated that he met with Mr. Lowe this afternoon and covered a wide range of subjects about Clinton and Bolton.  He suggested the other Board members do the same as he found it to be very helpful.  Mr. Plante had the opportunity to contact officials of Clinton and they were very supportive of Mr. Lowe.  He stated the tough part of the decision is that there are two different types of candidates that are both equally capable of doing the job.  

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to enter into contract negotiations with Donald Lowe, for the position of Town Administrator for the Town of Bolton.  (Plante – yes, Troup – yes, Wysocki – yes)  

Mr. Lowe was congratulated by everyone.  Mr. Lowe thanked the Board and stated it was a pleasure to be there this evening.  He appreciated the Board’s confidence and support, and stated that the Board could expect the same from him.  Mr. Lowe stated that he would like to give a 4 week notice to his present employer.

Mr. Dinjian suggested that the Board review the draft language he had suggested related to the vacation section of the contract so that the town is covered related to this issue.

EXECUTIVE SESSION

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to go into executive session at ---9:38 p.m. under the authority of MGL Chapter 39, Section 23B (3) to discuss contract negotiations of a non union employee.  The Board will not reconvene to open session.  (Roll Call:  Plante - yes, Troup - yes, Wysocki – yes)

Respectfully submitted:  Linda L. Day