Board of Selectmen Minutes

Board of Selectmen                                 Present: Curtis Plante

April 2, 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:  David Lindsay, Advisory Committee member

On a motion made by Wysocki and seconded by Troup, the minutes of February 19, 2009 were approved.

SIGNING OF BONDS FOR THE LIBRARY AND PUBLIC SAFETY CENTER

Present:  Donna Madden, Town Treasurer

On a motion made by Wysocki and seconded by Troup , the Board of Selectmen voted unanimously to accept and execute the bonds for the Library and Public Safety Center for $2.36 million at a rate of 3.82%.  (Plante – yes, Troup – yes, Wysocki – yes)

FYFESHIRE DAM

Present:  Kevin Lord, Conservation Commission Chairman and Carol Gumbart, Administrative Assistant

The Conservation Commission received a Certificate of non-compliance and dam safety order from the Department of Conservation and Recreation (DCR) stating that the Fyfeshire Pond Dam does not meet accepted dam safety standards and is a potential threat to the public safety.  The letter from DCR outlines a timeline that includes follow-up inspections being done at 90 day intervals with the first follow-up inspection being submitted to the Office of Dam Safety (ODS) no later than May 1, 2009.  Ms. Gumbart estimated the cost of the follow-up inspections to be anywhere from $300 to $400 per inspection.

The Commission is in the process of preparing a request for proposal for an engineer to conduct a Phase II inspection.  Ms. Gumbart stated that she talked with 3 or 4 firms and received quotes for a phase II investigation ranging from $35-$50,000.  

Mr. Lowe, Town Administrator explained the process related to the requests for proposals (RFP) for the engineering services.  The proposal and price considerations will be in two separate envelopes.  The applicants will be ranked as to how they meet the criteria and the price considerations will not be opened until the engineer is identified.  

Ms. Gumbart stated that although it would be a one-time cost to breach the dam it would be very expensive because of the extensive permitting process and required restoration of the area.  

Mr. Lindsay urged everyone to work as hard as possible to keep the project as cheap as possible.  

REQUEST FOR SIGNS FOR THE TY-RODS CLUB

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the temporary signs for the Ty-Rods Annual Old Timers Reunion to be held at the Bolton Fairgrounds in Lancaster on September 13, 2009.  (Plante – yes, Wysocki – yes, Troup – yes) The signs will be located at Route 495 North at Exit 27 – Route 117 off ramp; Route 495 South at Exit 27 – Route 117 off ramp, Route 85 at intersection of Route 117, Route 110 North at intersection of Route 117 and Route 110 South at intersection of Route 117.  The signs will be no more than 4 feet high.  The Board of Selectmen requested that the signs be placed in a location so that the view of motorists is not obstructed.

REQUEST FOR SIGNS FOR BOLTON HOUSE OF PIZZA

Mr. Ibraham met with the Board of Selectmen to request permission to place two signs on the sidewalk in front of the Bolton House of Pizza.  The signs have been there for many years although it was the intention that they would be temporary.  One sign is two feet by three feet and the other is two feet by 18 inches and they are used to advertise specials.  It is also helpful in letting folks know where the establishment is because his business is not easily seen from the street.  

Mr. Troup asked whether anyone had talked with the owner to determine whether she approved request.  Discussion was deferred to allow Mr. Ibraham the opportunity to speak with owner of the building to see if there is any space for additional signage for his business on the existing sign.  Ms. Day will also contact the property owner regarding this matter to see if there are any other alternatives.  

INTERVIEWS FOR THE EMERGENCY MANAGEMENT COORDINATOR

The Board of Selectmen conducted interviews for the Emergency Management Coordinator position.  

Peter Casello:  Mr. Casello has been on the Fire Department for the 14 years and recently graduated from the Massachusetts Fire Academy’s Firefighter I/II class.  He has been the town’s assistant wiring inspector for the past 10 years and owns his own business.   He feels he has good management skills and would like the opportunity to implement plans for any type of emergency.   During the December 11 ice storm, Mr. Casello would have called a meeting of all public safety personnel and called firefighters in to be at the fire station around the clock.  

Chris Baker:   Mr. Baker has been involved with the Bolton Fire Department since 1999 and with the Ambulance Department since 2002.  He is also a member of the Sterling Fire Department as an on call firefighter.  Mr. Baker takes pride in knowing he can make a difference in someone else’s life.  Mr. Baker was available at the fire station during the December 11 ice storm and helped make roads passable for emergency personnel.  During the December 11 ice storm, Mr. Baker would have made more information available to residents and public safety personnel.  Mr. Baker did not see a problem with living out of town.  His work schedule is flexible and he can be available for daytime meetings.  

Chip Durant:  Mr. Durant has been involved in the community for many years, joining the Bolton Fire Department in 1986 and becoming an EMT in 1988.  His experience has been expanded by working with other state agencies including the Fire Marshall’s office, and other communities.  Mr. Durant did not see a problem with living out of town and his schedule was flexible for daytime meetings.  

Tom Moses:  Mr. Moses is an environmental attorney, former U.S. EPA toxicologist and president of The Spill Center, which he founded in 1990.  He has a fair amount of experience having run a chemical emergency operation center for 20 years.   Mr. Moses stated that a technology or system to identify problems that are serious needed to be put in place along with an emergency operation center.  When looking at duties in an emergency situation the town needs to decide on the role of the emergency management director.  Mr. Moses felt it was important to have an assistant emergency management coordinator.

The Board of Selectmen deferred voting on the appointment until they have received the recommendations of the Fire and Police Chief.

REVIEW OF THE WARRANT FOR THE ANNUAL TOWN MEETING

The Board of Selectmen reviewed and finalized the annual town meeting warrant for execution.

Article 1:   Accept Annual Reports - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 2:   Fiscal Year 2010 Operating Budget – Mr. Lindsay stated that it did not appear that Ms. Costello, Town Accountant had not made the adjustments related to the inspection fees.  After further discussion, on a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article with the understanding that Mr. Lowe will adjust the numbers appropriately based on information received from Ms. Costello.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 4:   Increase in Fees for Municipal Lien Certificates - Ms. Madden, Treasurer recommended that this article be withdrawn.  The Town has accepted Massachusetts General Laws, Chapter 60, Section 22F that authorizes the increase in fees without a town meeting.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to remove this article from the ATM warrant.  (Plante – yes, Wysocki – yes, Troup – yes)  

Article 5:  Increase in Demand Fees - On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 6:  Implementation of a Permanent Regional Household Hazardous Waste Facility - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to reduce the sum being requested in this article from $15,000 to $10,000.  (Plante – yes, Wysocki – yes, Troup – yes)

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – no, Wysocki – yes, Troup – yes)

Article 7:  Purchase of a Wood Chipper - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 8:  Replacement of School Zone Flasher Units - On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 9:  Fyfeshire Dam Phase II Inspection - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 10:  Amendment to the Town of Bolton Administrator Bylaws - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 11:  Establishment of a Stabilization Fund by Minuteman Regional Vocational Technical School District - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – no, Wysocki – yes, Troup – yes)

Article 12:  To Fund an Alternative Water Supply for Emerson School - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 13:  Tree Replacement Program - On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 14:  Funding for July 4^th Celebration - On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

Article 15:  Authorize Town Election - On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve this article.  (Plante – yes, Wysocki – yes, Troup – yes)

REVIEW OF THE WARRANT FOR THE ANNUAL TOWN ELECTION

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen reviewed and approved the annual town election warrant for execution.  (Plante – yes, Wysocki – yes, Troup – yes)

The Board of Selectmen recommended that Town Counsel be present at town meeting.

APPOINTMENT

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to appoint Peter Ross to the Public Ways Safety Committee, term expiration June 30, 2012.   (Plante – yes, Wysocki – yes, Troup – yes)

TOWN ADMINISTRATOR REPORT

Thank You:  The Police Department received a note from the Mayor of Gardner thanking officers Denaro and Harrington for their professionalism and courtesy in helping the Mayor when he locked his keys in his vehicle.

Chapter 90 local transportation:  Mr. Lowe reported that the Town of Bolton’s Chapter 90 apportionment for Fiscal 2010 is $217,033.   

Capital Planning Committee:  Mr. Lowe reported that he met with the Capital Planning Committee and talked about ways they can be of assistance with the upcoming projects.  Mr. Lowe will work with the committee to be more engaged with the overall planning process.

Bell Atlantic Mobile Balloon Test:  The balloon test is scheduled for Friday, April 3, 2009 but will be canceled on Saturday, April 4, 2009 due to the forecasted high winds.

Recycling event:  Ms. O’Toole is hosting an Earth Day event on Wednesday, April 22 where bicycles, crayons and athletic shoes can be recycled.

STIMULUS PROJECT PRIORITIES

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to prioritize the top three priorities for the shovel ready projects as follows.  (Plante – yes, Wysocki – yes, Troup – yes)

EXECUTIVE SESSION

On a motion made by Wysocki 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 9:45 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