Board of Selectmen Minutes

Board of Selectmen                              Present: Curtis Plante

March 5, 2009                                       Kenneth F. Troup

                                                             Stanley Wysocki

                                                             Don Lowe, Town Administrator

                                                             Linda L. Day, Town Secretary

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

Michelle Ciccolo, Interim Town Administrator was also present.

A reception was hosted by the Board of Selectmen from 6 to 7:00 p.m. this evening for employees, public officials and residents to meet our new Town Administrator Don Lowe.   Mr. Lowe was welcomed to Bolton!  

SENATOR FLANAGAN & REPRESENTATIVE HOGAN – GOVERNOR’S BUDGET

Present: Senator Jennifer Flanagan and Representative Kate Hogan

Senator Jennifer Flanagan and Representative Kate Hogan met with the Board of Selectmen to discuss the Governor’s budget.  As of February there is a $100 million shortfall which will cause difficulties for FY09 and FY10.   

The Senator and Representative stated that it was too soon to tell what is happening with the federal funds for the stimulus package but the actual “shovel ready” projects are in a better position.  Both the Senator and Representative are ready to advocate for the district.  Representative Hogan is scheduled to meet with the Congresswoman Tsongas and Governor Patrick to review the shovel ready projects for the district.  The anticipated date for the funds to be available will be in the next few months.  

Transportation reform is a priority and they are reaching out to regional transportation authorities as they are trying to organize themselves to make them more effective.  Representative Hogan stated she found it difficult to impose a gas tax without more options for public transportation.  

The Representative and Senator expressed the importance of regionalization, particularly in public safety and roads.   Senator Flanagan and Representative Hogan will meet with the Board of Selectmen in May.

PUBLIC SAFETY CENTER COMMITTEE

Present: Public Safety Center Committee member Chris DeMers, Chief Alfano, DPW Director Harold Brown and Panny Gerken

Mr. DeMers met with the Board of Selectmen to request clarification on whether fees for electric, plumbing and gas permits and inspections were waived for the Public Safety Center project.    On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to reaffirm the contract language to waive the fees for any permits related to the public safety building project.  (Plante – yes, Troup - yes, Wysocki – yes).  

Mr. DeMers reported that upon review of the contract between the Town of Bolton and Maguire Group it was clarified that the contract did not allow for any mark up fees related to change orders.   The invoice that included the additional mark up fee has been modified and this is no longer an issue.

BRUCE SLATER, GREAT BROOKS FARM

Mr. Slate met with the Board of Selectmen to request a beer and wine license for four events to be held at Great Brooks Farm on March 15^th, April 3^rd, April 18^th and May 31^st, 2009.  

The event that Mr. Slater held last month went very well without any complaints.  Chief Alfano did not have any issues with the events.  

Mr. Delaney stated that the events were a great idea but it was his understanding that Mr. Slater was operating illegally at that site and needed to file for a special permit with the Planning Board.  The zoning was changed to limited business back in 2005 and Mr. Slater has been operating inconsistent with this zoning change.   Mr. Slater is scheduled to meet with the Planning Board next week to begin the process for a special permit.

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to grant the beer and wine licenses with the 4^th license being contingent on Mr. Slater reported back to the Board of Selectmen with an update on where he is at with the process for the limited business special permit.  (Plante – yes, Troup – yes, Wysocki – yes)

CLASS II LICENSES

Present:  Town Planner Jenny Atwood Burney, Planning Board member Doug Storey and former Planning Board member Larry Delaney, Building Inspector Michael Sauvageau, Past Class II license holders Thomas Kearns, Richard Mitchell and Terzo Trombetta

The Board of Selectmen continued to discuss the matter related to the issuance of Class II licenses issued to Kearns Automotive, Beetle Bug and Mitchell Motors for the sale of used motor vehicles.  According to the zoning bylaws the sale of new or used cars is not allowed in the Town of Bolton and the only way it could be permitted is if it were a pre-existing non-conforming use prior to April 13, 1972 when the town had open zoning.

Mr. Kearns requested that the Board of Selectmen issue him a 2009 Class II license although according to the zoning bylaws automobile sales are not allowed.  

Doug Storey and Larry Delaney both explained that the 2004 bylaw change was to prohibit a car dealership but not to necessarily close down existing small businesses.  Mr. Storey remembers being aware of people in residential zones with a Class II license and saying it should not affect them.

After much discussion it was determined that Mitchell Motors and Beetle Bug III would have the opportunity to go to the Board of Appeals to prove they are pre-existing non-conforming uses if they were established prior to April 13, 1972.   As for Mr. Kearns, this was not the case.  The Selectmen discussed the idea of the sale of cars under the home occupation bylaw but a Class II license can only be issued to a person whose principal business is the buying or selling of second hand vehicles and under the home occupation bylaw the use must be secondary to the use of the premises of a one family residence.  

Ms. Burney noted that the criteria for licensing and zoning are two separate issues and although the Class II licenses may have been granted, it does not mean that the auto sales operations are in compliance with zoning.  Ms. Ciccolo expressed her concerns with ramifications of violating the State law by issuing a license inappropriately.  The Board discussed a revision to the bylaw that would allow a business use in a residential area.  

Mr. Plante asked the Board if they were interested in entertaining a motion to extend the courtesy license to give all three businesses enough time to go through the Board of Appeals process and to allow Mr. Kearn’s to rethink his business plan as he believes the intent of bylaw of 2004 was not intended to prevent the issuance of the class II licenses.  Mr. Wysocki was concerned with the motion which would put the town at risk for a lawsuit.  

After further discussion, on a motion made by Plante and seconded by Troup, the Board of Selectmen voted to approve a Class II license for Beetle Bug II, for six months to allow Mr. Trombetta the time to obtain the appropriate permits from the Board of Appeals, shutdown or relocate the business.  (Plante – yes, Troup – yes, Wysocki – yes)

On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to approve a Class II license for Mr. Thomas Kearns, dba Kearns Automotive to allow Mr. Kearns the time to seek another alternative for his business.  (Plante – yes, Troup – yes, Wysocki – no)

TRENCH APPLICATION

The Department of Public Safety and the Division of Occupational Safety have established new trench safety regulations following the enactment of Massachusetts General Law, Chapter 82A, known as “Jackie’s Law”.  The regulations require a trench permit to make a trench excavation in any public way, public property or privately owned land.  The Board of Selectmen reviewed the trench permit application to be issued by the Department of Public Works.   

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the trench permit application as prepared and the fee of $30.00 per application.

(Plante – yes, Troup – yes, Wysocki –yes)

BATCO

Present:  Bob Johnson, Rick Merrill and Dan Williams

The Bolton Access Television Corporation (BatCo) requested that the Bolton Cable Committee be re-established to negotiate the introduction of FIOS cable service with Verizon.    On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to establish a Committee for this purpose.  The Committee will have no fewer than 5 members and no more than 7 members.    Ms. Day will prepare a notice to be placed in the Bolton Common seeking volunteers to serve on the Cable Committee.

ICE STORM UPDATE

Mr. Brown has requested the first reimbursement from FEMA to cover the first 72 hours of the storm cleanup.  The next reimbursement to be submitted would include the work done to date.  Mr. Brown reported that the cleanup is progressing but that he has more hangers to clean up along with cleanup on the sides of the roadways.

Mr. Brown stated that this has been a long hard winter and all expenses are up.   Therefore, he requested an additional $100,000 in the snow and ice budget.  The Advisory Committee previously approved $80,000 and he will go back to them for an additional $20,000.   On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to authorize overspending of up to $100,000 in the snow and ice budget.  (Plante – yes, Troup – yes, Wysocki – yes)

TAX COLLECTOR TRANSITION

It was reported that Mr. Troup and Mr. Lowe met with Ms. Child, present Tax Collector to discuss the current status and plans related to the Tax Collector position.   The 2008 Town Meeting approved making the Tax Collector an appointed position and there will be a ballot question at the Town Election on May 11, 2009.  Ms. Child will be nominated to continue as Tax Collector in the event the ballot question does not pass.  If the ballot question passes Ms. Child will serve until the Board of Selectmen makes an appointment.  Ms. Rogers, Assistant Treasurer is working with Ms. Child one day per week and will cover the tax collector office after Ms. Child’s departure.  It is important that the open hours of the Tax Collector’s Office remain the same as the other offices in the town hall and it was suggested that Ms. Child be hired to cover any hires that can’t be covered by Ms. Rogers.  The proposed plan will eliminate the wages in the Tax Collector budget.   Ms. Madden has proposed a grade increase for her and Ms. Rogers to be implemented and will be addressed later in the process.  The goal is to ensure a smooth transition and continuation of tax collection services as expected.  Mr. Lowe will meet with Ms. Madden to work out any details of the transition.

Ms. Powell will determine if any explanatory language can be published on the ballot to explain the ballot questions.

ELECTRONIC RECORDS MANAGEMENT – PROGRESS UPDATE AND SUPPORT REQUEST

The Board of Selectmen received a memo from town hall staff updating them on the electronic records management project.  Mr. Lowe will be meeting with the staff to discuss the project and will then report back to the Board of Selectmen.

CAUCUS

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to call and execute the Caucus notice for March 16, 2009.  (Plante – yes, Troup – yes, Wysocki – yes)

EXECUTIVE SESSION

On a motion made by Troup and seconded by Wysocki, 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.

Respectfully submitted, Linda L. Day