Board of Selectmen Minutes

Board of Selectmen                              Present:        Curtis Plante

August 12, 2008                                         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.

Mr. Plante introduced and welcomed Michele Ciccolo our interim town administrator.

The Board of Selectmen extended their sympathy and gratitude to the families of Thomas Crocker, Sr., Selectmen 1993-1996; Ed Sayles, Town Auditor 1995-1998; Austin Greenawalt, DPW employee 1992 – 2005 and Veteran, and Donald Perham, a resident for many years and also a Veteran during World War II  who all passed away over the last couple of weeks.

Minutes of June 19 and June 26, 2008 were approved.

PUBLIC HEARING

Present:  Francis Parisi, Attorney representing MetroPCS, and Andy Candiello, Agent to MetroPCS

A public hearing was held at 7:00 p.m. to act upon the application of MetroPCS to add equipment to the existing wireless communications tower pursuant to Section 2.5.7 Wireless Communication Bylaw of the Zoning Bylaw of the Town of Bolton.  The property is located at 570 Main Street. (Map 4C, Parcel 38.A) adjacent to Interstate 495.  

MetroPCS has been in existence for about 10 years.  By the end of the year they anticipate having 500 sites with this location being one of them.  Metro PCS provides a more cost effective family friendly service that will offer an unlimited voice plan at $29.00 per month compared to other major companies that provide similar plans at a price of $99.00.

 

Mr. Parisi stated that MetroPCS proposes to co-locate (6) antennas onto the existing tower located at 570 Main Street and install ground equipment cabinets within the existing un-used shelter.  They are not proposing to build any new towers in the New England area and will use existing towers as much as possible.  The existing tower’s height is 150 feet and they will be locating at 100 feet which was abandoned by AT&T as a result of the merger with Cingular.   Telecommunications equipment will be placed on the ground in the existing shelter previously occupied by AT&T.

Mr. Wysocki was satisfied with the proposal given the fact that they are occupying existing space on the tower and in the shelter.

Mr. Plante requested certification that they are in compliance with all state and local laws.  Mr. Parisi stated that they confirmed this as part of their application but would be willing to provide a separate document if necessary.  Mr. Plante also wanted to confirm a surety bond was in place as part of the contract although Ms. Ciccolo stated that AT&T would be responsible for the surety bond as the owner of the tower.  

The Board received a memo from Town Planner Jenny Atwood Burney’s expressing concern with the distance of the antennas being 8 feet versus 10 feet from other antennas. Mr. Parisi stated that the rule of thumb is 10 feet to create a buffer zone and they typically try to maintain that distance.  In this particular case the distance is 8 feet from the Sprint antennas which the FCC has determined is good enough to avoid any interference.  He noted that they would not construct anything that would cause interference.  Ms. Atwood Burney also stated that there were no zoning bylaw concerns.   The Assistant Building Inspector provided comment that he was satisfied with the proposal because of its existing use and the fact that they are not building outside the approved area.

 

The town will receive 50% of the sublease revenue.  It was noted that the revenue received from MetroPCS will be a replacement to revenue previously received from Cingular.  As part of the agreement Ms. Ciccolo stated that the Board of Selectmen could require that the town receive backup information justifying the amount of the revenue.  

Mr. Parisi stated that they have also applied to AT&T for a sublease and they have agreed to the sublease subject to receiving consent of the Town of Bolton.  

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to

approve the special permit to add Metro PCS to the AT&T tower, and execute the AT&T sublease document.  (Plante – yes, Wysocki – yes)

Mr. Parisi asked the Board of Selectmen as the zoning enforcement officer to waive the requirement to a site plan review with the Planning Board.   This request is based on the fact that they are going on an existing compound and shelter and will not be disturbing the site.

Ms. Ciccolo stated that she does not see any reason to do a site plan review in this instance where they are not disturbing any land or changing or altering any structures on the site.

Based on this information, on a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to amend their original motion to include a waiver of the site plan review process.   (Plante – yes, Wysocki – yes)  

Mr. Parisi confirmed that the town will be provided with a copy of the sublease agreement.  

CONSERVATION RESTRICTION, 84 SAMPSON ROAD

Carol Gumbart, Conservation Administrator and Mr. Kevin Lord, Chairman of the Conservation Commission

Ms. Gumbart stated that Town Counsel reviewed the conservation restriction for 84 Sampson Road, and that the Conservation Commission voted to accept the conservation restriction and therefore recommended that the Board of Selectmen vote to approve the restriction as well.  The restriction is on a 29,003 square foot portion of a 4.77 acre parcel and will mitigate disturbance of a wetland resource area.  The conservation restriction will be recorded as a deed restriction and then go to the State for approval as a conservation restriction.

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to accept the Conservation Restriction for 84 Sampson Road.  (Plante – yes, Wyoscki – yes)

FYFESHIRE POND DAM

Carol Gumbart, Conservation Administrator and Mr. Kevin Lord, Chairman of the Conservation Commission.

The Conservation Commission received notification from the Massachusetts Department of Conservation and Recreation (DCR) stating that the town had a significant hazard dam that needed to be inspected.  As a result of this notification, a Phase 1 inspection evaluation was done by AMEC Earth & Environmental Inc. of the Fyfeshire Conservation Area and it was found to be unsafe.   The report was forwarded to the DCR’s office for their review and recommended next steps.  Remedial measures were taken by cleaning out the debris in front of the dam which brought the water level down below the top of the spillway to take the pressure off the dam itself.  Ms. Gumbart stated that regulatory permits would be required to lower the water level more than it is now.   The spillway’s walls have also been reinforced with steel.  Ms. Gumbart noted that it looks like there is more mud and fresh cut likely from beavers.   Ms. Balco will monitor the dam on a regular basis and take photos.  To err on the side of caution the Board of Selectmen agreed that the bridge crossing over to the Fyfeshire Conservation Area should be closed and posted to keep people off of the bridge.    The Conservation Commission is also having AMEC Earth & Environmental Inc. look at Forbush Mill Road and Wilder Pond dams.  

CONSERVATION COMMISSION APPOINTMENT

The Conservation Commission voted unanimously to recommend that Mr. Russell Sandler be appointed to the Conservation Commission.  Mr. Sandler has attended meetings of the Commission and has a good overview of the e Commission’s business.  The vacancy has been advertised in the Bolton Common since the end of June and would fill the seat of Scott Duhaime who decided not to be re-appointed to the Commission.  . On a motion made by Wysocki and seconded by Plante, the Board of voted to appoint Russell Sandler, 14 Corn Road, to the Conservation Commission, term expiration June 30, 2011.  (Wysocki – yes, Plante – yes)

STEPHENSON PARCELS

Carol Gumbart, Conservation Administrator

The Board of Selectmen received a letter from John Stephenson regarding two parcels they plan to market and asked if the town would be interested in the purchase of these parcels.  The first parcel is on the corner of Wattaquadock Hill Road and Manor Road and is directly across from Memorial Field.  This land could be used for additional parking for the ball fields.  Ms. Gumbart stated that there are wetlands on this parcel.  The second parcel is next to the Catholic Church along Main Street which is still zoned 61A.  Looking at its location and other nearby commercial and town structures this might be of interest to the town.  Mr. Stephenson also noted that the Catholic Church may be leaving town and their property may be for sale which could be very useful if the two parcels were combined.  Conservation Administrator Carol Gumbart and Town Planner Jenny Atwood Burney did a site visit of the two parcels with the Stephenson family.  The Planning Board and Conservation Commission have both expressed interest in the two parcels.  The Board of Selectmen suggested that the Parks and Recreation Commission be contacted to see if they were interested in the parcel at the corner of Wattaquadock Hill Road and Manor Road for~overflow parking for the Memorial field.~

~The Board of Selectmen also expressed interest and requested that the Stephenson’s be informed of this and request additional information regarding monetary compensation for the parcels.  Mr. Plante noted that a special town meeting has not been scheduled at this time and the next meeting would be in May of 2009.  

It was also noted that the Planning Board has begun taking steps necessary to create a village overly district and design guidelines as suggested in the master plan.

REQUEST FOR SIGNS FOR STATE CHAMPIONSHIP ATHLETIC TEAMS

Mr. Tom O’Brien, Director of Athletics for Nashoba Regional High School was not available for this meeting.  The Board of Selectmen was in favor of acknowledging the achievements of the Nashoba Regional School District athletes but would like to limit the size, and quantity of signs in Bolton.  It was recommended that Mr. O’Brien provide a revised proposal for the sign.

POLICE OFFICER APPOINTMENT

Chief Alfano recommended that Sandra Lawton be appointed to the position of Patrol Officer with the Bolton Police Department.  Ms. Lawton is from Woburn.  She graduated from the full time Boylston Police Academy and has a Bachelor’s Degree in Political Science from the University of Southern New Hampshire.  

Chief Alfano stated that this is the position approved at the May 2008 annual town meeting.  

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to appoint Sandra Lawton as full time patrol officer, term expiration June 30, 2009.  (Wysocki – yes, Plante – yes)

PUBLIC SAFETY CENTER COMMITTEE

Present:  Brian Humes, Architect of Jacunski and Humes; Kevin Lipe, Project Architect; and Tony Diluzio, Project Manager of Maguire Group, and Susan Mason and Chris Demers, Public Safety Center Construction Committee members, David Lindsay and Randy Dinjian, Advisory Committee members, Vincent Alfano, Police Chief, Margy Diaz, Ambulance Director,  and Dina Rich, EMT

The Board of Selectmen reviewed the final public safety center design agreed upon by the public safety departments.  Approximately 13,000 square feet will be added to the two floors of the existing 4,200 square foot building.  The public entrance will be off of Wattaquadock Hill Road with a restricted entrance for public safety vehicles.  The public parking will be located in front of the center and the rest will be restricted for police staff and cruiser parking.  

The public well site is in the back of the property and will maintain a 100 foot radius.  No variances will be required.   The entire facility will have fire sprinkler protection.  The main lobby will allow the public to have access to all departments while of the facility will have restricted access.  A community room will be located off of the public lobby for training classes, and will also accommodate the public without having to enter the rest of the facility.   Prisoners will be brought in to the police station via the sally port.   Plans included converting the one vehicle sally port to a two vehicle sally port.  The kitchen will be centrally located so that it can be shared by all departments to avoid having to have a second kitchen.  The second floor can be used for future expansion.   Mr. Plante shared Mr. Troup’s comments regarding the roof of the existing and new building.  Although the hope was that something could be done to make the appearance of the roof of the existing and new building look more compatible the Selectmen understood the decision not to do so because of the significant cost associated with this.  

Cost estimates are due August 29, 2008 and Mr. Humes stated he is committed to having drawings done and ready for public bid by October 1, 2008.   The Board of Selectmen will be kept apprised of the critical dates.   Everyone was congratulated for their efforts.

VERIZON CELL TOWER

Present:  Attorney Daniel Klasnick

Town Counsel Ellen Doucette provided comments regarding the draft lease between the Town of Bolton and Bell Atlantic Mobile of Massachusetts, dba Verizon Wireless.  Attorney Doucette stated that if the Board was favorable to automatic renewals and did not have a problem with the language regarding the lessor’s right of co-location it was ok to proceed with the signing of the lease.

Mr. Klasnick stated that the meeting with the Department of Environmental Protection (DEP) on July 29, 2008 went very well.  The DEP staff did not view the proposed roadway installation as a concern.  A record review is scheduled to locate the site assignment documentation.  Once obtained, the assessment of the requirement can be finalized for DEP permitting.  The worst case scenario would be the requirement for a minor post closure permit.

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the lease agreement between the Town of Bolton and Bell Atlantic, dba Verizon.  (Plante – yes, Wysocki – yes)

BITUMINOUS BIDS

As requested by the Board of Selectmen Mr. Brown re-bid for bituminous.  Bids received represented an increase over the bids received in June.   Mr. Brown stated he talked with contractors who anticipate that the prices will continue to increase and therefore recommended that the Board of Selectmen award the bid this evening.  On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to award the bid to EH Perkins, of Sterling for $76.49 in place.  (Plante – yes, Wysocki – yes)

LAND PURCHASE

Mr. Brown informed the Board of Selectmen that he met with the Department of Environment Protection (DEP) regarding the cell tower at the landfill site.   It was determined that a separate deed should have been filed for the piece of land purchased from the State.   Town Counsel may be required to file a separate deed for the property showing a property use change – from a gravel pit to a landfill.   

APPOINTMENT OF THE TOWN ADMINISTRATOR SEARCH COMMITTEE

The Board of Selectmen received responses from 13 people interested in serving on the Town Administrator Search Committee.   Consensus was that a 13 member committee would be too large although Ms. Day stated that the Town Administrator Search Committee that hired Ms. Ross had 13 members.  Another concern was that the committee consisted of too many employees.  After much discussion, on a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to appoint the following people to the Town Administrator Search Committee.  (Plante – yes, Wysocki – yes)

Vincent Alfano, Police Chief; Stanley Wysocki, Board of Selectmen; Linda Day, Town Secretary; Donna Madden, Town Treasurer; Brian Lynch, Business representation; Jim Anker, Moderator; Bob Minardi, Resident;  Panny Gerken, Resident; and one member of the Advisory Committee.

 

Ms. Ciccolo asked if there was an overtime budget for employees serving on the committee.  Ms. Day stated that employees on the previous committee did not receive overtime but may have received comp time.  Mr. Plante did not anticipate employees being paid and suggested that it be clarified with the town employees so that everyone is on the same page and in agreement.  

CONTRACT WITH CICCOLO GROUP

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to accept the proposal from the Ciccolo Group, LLC to assist with the hiring of a new town administrator.  (Plante – yes, Wysocki – yes)

INTERIM RESPONSIBILITIES

Ms. Ciccolo reviewed the list of interim responsibilities which she thought was a reasonable approach.  Ms. Ciccolo agreed to meet with Julie Costello, Town Accountant regarding the upcoming budget process.  Ms. Ciccolo suggested fixed office hours on Tuesdays and Thursdays with flexibility to attend other meetings as needed. Town employees will be informed the week before of Ms. Ciccolo’s schedule.  Department heads should use their liaisons as needed.  The Public Safety Center and Library projects are moving right along.  Mr. Troup is spearheading the closing of the wastewater treatment plant.

The Board of Selectmen will share the responsibility of reviewing the bills and payroll warrant.  Mr. Plante will review the upcoming bill/payroll warrant the week of August 25, 2008.  

WARRANT FOR STATE PRIMARY

The Board of Selectmen executed the warrant for the state primary to be held on September 16, 2008.

On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to adjourn at 10:05 p.m.

Respectfully submitted, Linda L. Day