Board of Selectmen Minutes

Board of Selectmen                              Present: Curtis Plante

April 16, 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.  

Present:  Daniel Klasnick, of Duval & Klasnick Counselors at Law and Agent to Verizon Wireless, Jason Flanagan, Radio Frequency Engineer, Martha Remington, Chairperson for the Historical Commission, Jennifer Burney, Town Planner, David Lindsay and Larry Delaney, Advisory Committee members

The Board of Selectmen, in accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 11, held a public hearing to act upon the application of Bell Atlantic Mobile, LTD, d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 01581 for a Special Permit & Site Plan review under Sections 2.5.5.6 and 2.5.7.3 of the Zoning Bylaws of the Town of Bolton.

Attorney Klasnick stated that Verizon Wireless responded to a request for proposals issued by the Town on June 5, 2007 for the Lease of Property to be used for the construction of a Wireless Communication Tower and related equipment on a portion of Towns’ land at Forbush Mill Road. Verizon proposes to construct a 149’ monopole and install a prefabricated 12 foot by 30 foot (360 square foot) equipment shelter to house its telecommunications equipment within a 3,600 square foot fenced compound area located at Forbush Mill Road, and identified on Assessor’s Map 5A and Parcel 19.  The property is owned by the Town of Bolton.

The Board received a memo from Town Planner Jennifer Atwood Burney’s indicating that the following variances are required:

The Board received a letter from the Board of Health stating that they have signed the notice of ratification of site assignment for solid waste management facility and recommends that the Board of Selectmen sign the post closure permit application.

The Board received a letter from Duanne and Scott Miller of 60 Bolton Station Road, Lancaster expressing support for the tower.

 

Ms. Remington spoke on behalf of the Historical Commission and stated that she visited many of the historical sites in the vicinity and found that the most intrusive site (visually) was located on the lower part of Kettlehole Road. She stated that she also spoke to a few residents of the historical homes located on Still River Road who had expressed no visual concerns over the tower.

Mr. Ware representing Bolton Orchards expressed concern over the 145’ proposed fall back distance from Bolton Orchard’s property line. The height of the proposed tower is 149’. The Board suggested moving the tower back 5’ to address this concern.  Attorney Klasnick will confirm the exact distance from the property line and will provide information at the Board of Appeals hearing.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the special permit allowing Verizon Wireless to construction a 149’ monopole with 12 antennas and install an equipment shelter and storage compound located at Forbush Mill Road, Assessors Map 5A and parcel 19, contingent on approval of the four variances from the Board of

Appeals and deferred approval of the site plan until review at the Board of Appeals hearing. (Plante – yes, Wysocki – yes, Troup – yes)

DEPARTMENT OF PUBLIC WORKS

Mr. Brown stated that he has a balance of $15,000 in his snow and ice account and would need an additional $14,200 to finish cleaning up the hangers in trees as a result of the December ice storm.  The funds would be used for the clean-up and detail officers.  The hangers can be dangerous as they could fall on pedestrians or motorists.   Mr. Brown stated that the Federal Emergency Management Agency would reimburse 75% of eligible expenses until June 1, 2009.

The Board of Selectmen discussed subcontracting for the cleanup of the roadways but in the end it was decided that Mr. Brown would do what he can within his budget and not expend any overtime.  It will just take a little longer.  Mr. Brown stated that the chipper has been repaired.

Ms. Costello provided a summary of the snow and ice account.  The total amount spent on snow and ice to date is $464,093.16.   With the $180,000 budgeted, the additional funds authorized and the FEMA reimbursement the deficit is close to $75,000.  The balance of the reserve fund is approximately $85,000 which should be close to covering this deficit.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to overspending of $14,200 to the snow and ice account.  (Plante – yes, Troup – yes, Wysocki – yes)

Mr. Brown informed the Board of Selectmen that his budget 421 highway account may have a deficit of $3,000 by the end of the fiscal year, but has other accounts that he can use to cover this deficit.

Mr. Brown requested permission from the Board of Selectmen to dispose of the 1975 Mack Truck which has not been used this year as it did not pass inspection.  Mr. Brown stated that the purchase of the 2001 and 2003 trucks have performed very well and his fleet is in good shape.

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the request to dispose of the 1975 Mack truck.   (Plante – yes, Wysocki – yes, Troup – yes)

PROCLAMATION FOR SENIOR APPRECIATION MONTH

Present:  Terry Abdalian, Friends of the Seniors

Ms. Abdalian requested that the Board of Selectmen proclaim the month of May as Senior Appreciation Month.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to proclaim the month of May as Senior Appreciation Month.  (Plante – yes, Wysocki – yes, Troup – yes)  Mr. Anker, Moderator will also be asked to announce the proclamation for the senior appreciation month at town meeting.

Ms. Abdalian also requested permission to hang a banner across Main Street.  Ms. Abdalian provided the Board with a copy of the banner language.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the request.  (Plante – yes, Wysocki – yes, Troup – yes)

The Fire Department will be asked to hang the banner on Tuesday, May 5, 2009 when they take down the Town Meeting banner.

Ms. Abdalian stated that she is very pleased with the response from the entire town related to the Senior Appreciation month.  

Ms. Abdalian informed the Board of Selectmen that she is a member of the six member task force committee looking at possible space for a senior center.  

ALZHEIMER’S ASSOCIATION

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the request of Deb Bachrach, Route Director to have a pit stop at the Broomfield Labs parking lot at 164 Still River Road, Bolton for their 13th Annual Memory Ride to be held on July 25, 2009. This is a charity bicycle event to benefit Alzheimer’s disease research.  (Plante – yes, Wysocki – yes, Troup – yes)  The Board is in receipt of a memo from Thomas Broomfield of Broomfield Lab stating that he has approved the use of his parking lot.  

INTERVIEWS FOR THE EMERGENCY MANAGEMENT COORDINATOR

The Board of Selectmen interviewed Mr. Paul Wood for the Emergency Management Coordinator position.  

Mr. Wood has extensive background in municipal procedures, working with the department of health, EPA, and FEMA.  Mr. Wood currently serves on the public safety building committee.  He has not had any interaction with other departments.  His schedule is very flexible.  For the size of our community Mr. Wood felt that we responded very quickly during the December 11^th ice storm.   He feels with his background he is suited to help the town with respect to emergency management. Mr. Wood suggested that an assistant emergency management coordinator also be appointed.

CABLE COMMITTEE

On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to appoint Patricia Bensetler, Bob Johnson, Rick Merrill, Ed Sterling, and Dan Williams to the Cable Committee to evaluate options for one or more additional cable contracts with the Town of Bolton.  (Plante – yes, Wysocki – yes, Troup – yes)

TOWN ADMINISTRATOR REPORT

Local aid cuts:  Mr. Lowe reported that he spoke with Representative Hogan and the House Ways and Means Committee has proposed a FY10 budget with 32% cuts.  Bolton’s local aid would be reduced from $245,726 in FY09 to $166,336 in FY10.   

Eco-Nomics workshop:  Mr. Lowe informed the Board of Selectmen that he attended a workshop that focused on green alternatives.  He will share the information he received with the appropriate people.

Sewer Extension Permit:  The Board is in receipt of a letter from the Department of Environmental Protection (DEP) dated April 6, 2009 stating that they have not received any comments objecting to the issuance or terms of the sewer extension permit during the public comment period.  Mr. Troup stated that the Board of Selectmen will be asked at their meeting on April 30, 2009 to award the contract.  The project will be coordinated with the general contracts of both the Library and Public Safety Center projects.

Resignations:  John Balco has resigned as a non-voting member of the Bolton Energy Committee.

Laura Kischitz also informed the Board that she will not seek re-appointment to the Energy Committee when her term in up June 30, 2009.   Ms. Day will place an advertisement in the Bolton Common seeking new members for the Energy Committee.

Fyfeshire Request for Proposal (RFP): The proposals will be received and opened on Thursday, April 23, 2009 at 1:00 p.m.  Ms. Gumbart has done an excellent job working on this project.

Community Message Sign:  Mr. Lowe will propose a revision to the Board of Selectmen for consideration at to clarify who can and cannot use the sign.

Concept of the Town of Bolton accepting voluntary gifts:  Mr. Lowe asked the Board to give consideration to the idea of accepting voluntary gifts from developers.  It is not an uncommon practice and is worth considering.   Any voluntary gift must be approved by the Board of Selectmen before the gift can be accepted by the Town Accountant.

ACCPTANCE OF VOLUNTARY GIFT – NORTHWOODS SUBDIVISION

On a motion made by Plante and seconded by Troup, the Board of Selectmen voted to accept a voluntary gift of $4,000 from developers of the Northwoods subdivision. (Plante – yes, Wysocki – yes, Troup – yes)  The gift of $4,000 will be submitted to the pedestrian mobility fund to create new sidewalks or repair existing sidewalks throughout town.    The Selectmen recommended that the Public Ways Safety Committee review the Main Street sidewalks and use the funds for repairs.  Mr. Brown will also be notified of this fund.  Mr. Plante was disappointed with the monetary amount given the actual cost avoided in not having to build sidewalks at Northwoods.

PROPOSED REVISION TO ARTICLE 11:  EMERSON WELL

Based on the initial cost estimates that have been received and an agreement from DEP that the well project can be done over two years, it would appear to be more prudent to have the design for the well done in FY’10 and the construction in FY11.  The amended article would transfer $25,000 from the Sewer Bonds to pay for the design.  On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the amendment to Article 11 as follows.  (Plante – yes, Wysocki – yes, Troup – yes)

To see if the Town will vote to appropriate the sum of $25,000 (Twenty-five thousand dollars) or any other amount for the purpose of completing the design and preparing bidding documents for a new water line and related equipment to serve the Emerson School from the Florence Sawyer School public water supply well; and that to meet this appropriation the funds shall be transferred from unexpended proceeds of the town’s Sewer Bonds dated June 15, 2007, which bonds were issued for the construction of a wastewater treatment plant pursuant to the vote of the town passed May 1, 2006 (Article 8); and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; or do or act relating thereto.

BACKGROUND CHECKS FOR EMERGENCY MANAGEMENT APPLICANTS

The Board of Selectmen agreed to do background checks on the 5 applicants interested in the emergency management coordinator position provided permission is granted by the applicants.  

On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to close the search for the emergency management coordinator position. (Plante – yes, Wysocki – yes, Troup – yes)

Mr. Plante asked that the Board to give thought to appointing an emergency management coordinator and an assistant, or appointing a committee since all the applicants came with experience from different areas.  

LETTER OF CONCERN

The Board of Selectmen received a letter dated April 1, 2009 from Andrew, Justine and Marcia Burnett owners and residents of 730 Main Street.  They expressed concerns regarding the new public safety building construction site that abuts their property line.

EXECUTIVE SESSION

On a motion made by Plante and seconded by Troup, 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 9:20 p.m. to discuss strategy with respect to collective bargaining.  The Board announced it would not reconvene to open session.

Meeting adjourned at 9:30 p.m.