Board of Selectmen Minutes

Board of Selectmen                              Present:        Kenneth F. Troup

November 16, 2006                                               Panny Gerken

Curt Plante

Chairman Mr. Troup called the Board of Selectmen’s meeting to order at 7:00 p.m.

Minutes of October 4, October 19, October 26 and November 2, 2006 were read and approved.  Executive Session minutes of October 19 and October 26, 2006 were read and approved.

WARRANT

#  07-10    $     83,473.39

#  07-10a  $2,465,930.85

#07-11          $80,500.13

#07-11A $541,928.03

OMNIPOINT HEARING

Present:  Daniel Visalli, Attorney and David Ouellette, Engineer for Omnipoint, Mr. & Mrs. Colleton and their spokesperson

Attorney Visalli and Mr. Ouellette attended the public hearing for the site plan and special permit for Omnipoint Communications, Inc. to install, operate and maintain a wireless communications facility on and next to the existing 150 foot tall monopole at 41 Main Street.

The Board of Appeals at their meeting on Wednesday, November 15, 2006 signed a permit for the applicant to expand or alter its nonconforming use/structure.  

The Conservation Commission closed the hearing on the Notice of Intent filed by Omnipoint to add a 10' x 20' lease area to the existing telecommunication facility located at Future Electronics, 41 Main Street.~ The Commission voted to issue an Order of Conditions to the applicant under the Wetlands Protection Act and the Bolton Wetland Bylaw approving the project.~ Two special conditions were included: 1) that Omnipoint provide written documentation prior to any alteration, showing that the owner of the land (RGM)~has consented to the proposal; and 2) one white pine is planted in the general vicinity of the alteration as mitigation for the loss of a white pine.~

It was confirmed that the variance to grant a waiver to the 5 year maximum permit term would not be granted.  

Mr. Troup read the list of required findings for a special permit from the Wireless Communications bylaw.  

Mr. Visalli stated that the location of the tower will negate the need to build another cell tower in this area and all the requirements of the bylaw have been satisfied.  

The spokesperson for the Colleton’s expressed her concern regarding the view of the cell tower from the Colleton’s home and asked if any thought had been given to camouflaging the tower.  Mr. Troup stated that from past discussions regarding the camouflaging of towers people don’t necessarily feel that the tree camouflaging is an improvement.  

Mr. Tipton stated he has been satisfied with all necessary information.

On a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to close the hearing.  (Troup – yes, Gerken – yes, Plante – yes)

On a motion made by Troup and seconded by Plante, the Board of Selectmen voted to grant a special permit for signature at the next Board of Selectmen’s meeting.  Attorney Visalli informed the Board of Selectmen that he was willing to waive the requirement that a decision be granted within 14 days of the approval.  Mr. Tipton cautioned the Board of Selectmen that it was not clear whether the State Law allows the applicant to waive the 14 days.  

On a motion made by Plante and seconded by Gerken, the Board of Selectmen voted to amend the motion to include the applicant will waive the requirement that a decision be granted within 14 days of the approval.     (Troup – yes, Gerken – yes, Plante – yes)

On a motion made by Troup and seconded by Plante, the Board of Selectmen voted to grant a special permit with the understanding that the applicant would waive the requirement that a decision be filed with the Town Clerk within 14 days of the approval by the granting authority.  (Troup – yes, Gerken – yes, Plante – yes)

CAPITAL PLANNING COMMITTEE

Mr. Michael Benjamin was scheduled to meet with the Board of Selectmen but could not attend due to a family matter.  

Mr. Sterling informed the Board of Selectmen that he is not available to serve on the Committee for at least the next 6 months due to his busy schedule.  Mr. Sterling will inform the Board when he is available.  Ms. Ross asked the Board of Selectmen if they would like to consider making the Committee smaller.  The Selectmen would like to continue to seek volunteers to serve on the Committee.

The Board of Selectmen will ask all departments to submit a breakdown of any capital equipment or other capital purchases they foresee over the next 5 years for anything over $25,000.  This information will be discussed at the department head meeting regarding goals and will also be passed on to the Capital Planning Committee.  

CENTURY MILL ESTATES

Present:  Town Counsel Elaine Lucas, Attorney Meredith West, Attorney J. Gavin Cockfield and Developer Andy Bendetson

At the request of Andy Bendetson and his attorneys a meeting was held concerning the rate of development bylaw related to the proposed development of the Century Mill Estates subdivision.  

Attorney Cockfield proposed a solution to limit the rate of development to 20 units per year.   Although he feels that they do not have any limitation he feels this is a fair proposal in meeting the town halfway and hopes the town will agree.  Mr. Plante stated that he did not think the Board of Selectmen could arbitrarily ignore the zoning bylaws and therefore could not work out an agreement between the developer and the town.

Attorney Cockfield suggested that they may file a friendly lawsuit asking the court to declare that the bylaw is not valid and it does not apply to the Century Mill Subdivision.  Alternatively he proposed working with the town to come to some sort of agreement for judgment relative to the rate of development to avoid litigation.  Attorney Lucas stated that if the town is willing to come to a resolution with Century Mill, the agreement should outline that the developer agrees to the limit of rate of development.

Mr. Plante reiterated his hesitation with ignoring the zoning bylaws.  He did not want abutters to appeal the Board’s decision.   

Attorney Cockfield stated that procedurally the town must be named in any land court lawsuit.  Town Planner Nat Tipton confirmed that there are no other ongoing projects affected by the bylaws.

Abutter Andrea Gilbert of 177 Century Mill Road stated that she felt Mr. Bendetson chose to file at this time knowing of the rate of development bylaw and he is now taking advantage of the situation.

Larry Delaney, Planning Board Chairman, stated that Bolton’s rate of development bylaw was established at the 2001 town meeting.  Because of the court case related to the Town of Hadley rate of development, the Town amended the bylaw in November of 2004 to include a deadline to the bylaw or after the approval of the master plan.  It is the Planning Board’s recommendation that the Board of Selectmen does not enter into an agreement for judgment with Century Mill.  

Attorney Cockfield stated they would like to continue to work with the town.  They were not asking the Board of Selectmen to vote on this matter this evening but were hopeful that a resolution could be reached.  Attorney West stated she felt they had established a cooperative relationship with the town over the last 4 years, and they didn’t want to go directly to court.

Attorney Lucas stated that the Board can not override the bylaw but Chapter 40, Section 14A provides for a judgment in land court.  Once the complaint is filed with the land court the Board of Selectmen would reconvene to discuss the merits of the complaint and decide how they would like to proceed.  

Ms. Gerken stated she appreciated the fact of working with the town but she felt this discussion was premature until the Planning Board has made their decision.  She did not want to interfere with an abutter’s ability to file an appeal.

Attorney West stated that they will be submitting the required soil test analysis and septic information to complete the application and the Planning Board will then proceed with the hearing.   

Developer Andy Bendetson stated he has been sincere in working with the town from the very beginning and will continue to do so.  He was required to preserve 60 acres of open space and has committed to preserving 100 acres as open space and will also build three affordable units.

A meeting will be scheduled in January with the Board of Selectmen, Planning Board and Board of Appeals to further discuss this matter.  

LIBRARY

Present:  Bob Zak, Chris Sterling, Roland, Library Trustees

Mr. Zak requested the approval and signature of the Board of Selectmen for the contract between the town and the Massachusetts Board of Library Commissioners.  Mr. Zak reported that the Friends of the Bolton Public Library Capital Campaign has received $780,000 as of today in donations and pledges of cash, which exceeds the amount required to sign the MBLC contract.  Most of this amount, over $500,000 is currently in interest-bearing accounts. With in-kind pledges and~confirmed matching corporate gifts, the total amount raised to date by the Capital Campaign is $830,000.  He stated they continue to stay focused on raising the remaining $220,000.  Mr. Zak thanked all the supporters and Capital Campaign Committee members for all their hard work including Ann Hurd, Chris Sterling, Cia Boynton, Carol Bradley, Mary Delaney, Joanie Daniels, Pam Kaminski, Laurie and Chris Nelson, Bill White and Sharon Shepela.  

Mr. Zak stated that at a recent Trustees meeting they discussed the suggestion of obtaining a bond against the remaining funds to be raised and the conclusion was that they would rather focus efforts on raising the additional funds needed.  

On a motion made by Gerken and seconded by Troup, the Board of Selectmen voted to enter into contract with the Commonwealth of Massachusetts for the Library Building addition in the amount of $2,487,960.

Mr. Plante expressed his concern with the wording of the article approved at town meeting stating that he felt it meant all funds must be raised before any contracts were signed.  Mr. Plante complimented the Committee on their fundraising success but could not justify approval based on the information.  Ms. Sterling stated that they have worked extremely hard to get where they were at, would not quit and hoped to exceed the goal.  

(Roll Call:  Troup – yes, Gerken – yes, Plante – opposed)

On a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to authorize the Board of Selectmen Chairman to sign contracts for this project.  (Roll Call: Troup – yes, Gerken – yes, Plante – yes)

Mr. Ochsenbein was thanked for his long term involvement with the Library project and was presented with a crafted pen made by a citizen of Bolton.  A limited edition of the pen is being sold to raise funds for the Library project.

Mr. Troup, Chairman of the Board of Selectmen signed the contract with the limited edition pen.

 

Mr. Zak thanked all the applicants who expressed interest in serving on the Library Construction Committee.  They received 13 applicants and recommended the appointment of 7.  Town Administrator Jodi Ross stated that she received opinion from Legal Counsel and because of way the article is written the Library Construction Committee should be a joint appointment of the Board of Selectmen and Library Trustees.

On a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to appoint the following people to the Library Construction Committee.  (Troup – yes, Gerken – yes, Plante – yes)

Pam Czekanski, Brent Gates, Joel Lindsay, John Rodenhiser, Chris Rogers, Mickie Simpson, Bill Strapko, Kelly Collins, Roland Ochsenbein

BUDGET/ARTICLES

Articles:  The Board of Selectmen reviewed the list of articles for the annual town meeting.  Ms. Gerken stated she was not in favor of holding a special town meeting.  The list includes:

1.      Prior fiscal year bills

a.      Veterans’ Agent

b.      Police Dept

2.      Police Station Task Force – funding for site specific engineering & architectural design for public safety building

3.      Public Ways Safety Committee – funding for installation of sidewalk along Main Street (Bolton Country Manor to Salt Box)

4.      Town Planner - Mullin’s Rule, Zoning Bylaw 2.3.7: Major Residential Development, Zoning Bylaw 2.3.5.2 Dimensional Schedule, Zoning Bylaw 2.6: Definitions

5.      Personnel Committee - bylaw changes

6.      Board of Selectmen - drainage issues (Golden Run Road, Vaughn Hill

7.      Board of Selectmen - Taping/televising town meeting

8.      Accountant – transferring debt service interest to debt service principal for the APR

9.      Ambulance Department – funding for new ambulance

10.     Department of Public Works

a.      Six wheel Truck $150,000

b.      One ton truck $50,000

c.      Tractor $40,000

d.      Vehicle for custodian, Assessors & Conservation Commission $10,000

e.      Repair existing sidewalks

f.      Continuation of clean up of gas contamination

11.     Agricultural Steering Committee – Agricultural Bylaw

12.     Public Safety Agencies (Police, Fire and Ambulance Departments) - seek $80,206 for the purchase of software and training costs to upgrade their current dispatch and records software.  

13.     Town Administrator - Lease Agreement to allow cell tower at transfer station

14.     Health Insurance Committee – senior health insurance benefit

15.     Community Preservation Act ?

Budgets:  The Board of Selectmen reviewed the Town Administrator and Board of Selectmen budgets.  The budget includes $900 for salary, $8,500 for Purchase of Services, $8,000 for Engineering Services, $500 for dues, $500 for miscellaneous, $100 for meetings and $4,000 for WHEAT for a total budget of $23,200.

A discussion took place to relocate the financial offices (Treasurer and Accountant) to the Town Hall so that all administrative offices could be in one location.   These offices are presently located at Emerson School.  Ms. Ross stated that she had architect Kafee Kang look at the town hall a while ago and if the Selectmen were interested they could authorize funds to study the space issue again.  Another suggestion was to place an office trailer in the parking lot of the Town Hall.   The Selectmen suggested a placeholder on the ATM warrant for funds to study this matter.  

EMERSON RELOCATABLE

The Board received a report dated November 3, 2006 from Building Inspector Frank Krysa regarding the inspection of the relocatable next to the Emerson School conducted by Mr. Krysa and DPW Director Harold Brown.  A suggestion was made to go out to bid to solicit proposals to correct the repairs provided in the report.   Ms. Ross stated that BatCo has expressed an interest in the relocatable and recommended that the onus be placed on the lessee to perform any repairs or renovations to the building.  It was also noted that there would be constraints on who can lease the building during the day because of parking issues.

TOWN ADMINISTRATOR REPORT

Veterans’ Agent:  Mr. Ross reported the office of Michele Marino, Veterans’ Agent will be relocated from Clinton to Berlin or Lancaster.  Bolton’s files will be housed in Lancaster and Ms. Marino will be reachable via telephone and by email.

Bollards:  The bollards are being installed along Pan Cemetery.  

Flu Clinic:  A flu clinic will be held December 8, 2006 from 11:00 a.m. to 6:00 p.m. for residents.  The cost is $15.00 to offset some of the cost of the flu vaccine.

DEP Recycling:  The Town was awarded a grant in the amount of $765.00 for brochures and compositing materials.

Sand Bid:  Ms. Ross reported that the Department of Public Works went out to bid for sand and the lowest bid was $12.50 per cubic yard.  DPW re-bid and the lowest bid was $8.50 a cubic yard from Simpson Companies of Sterling.  Mr. Brown, DPW Director visited the Simpson’s and the sand met with his approval.

HeartSafe Community:  Ms. Ross reported that the town of Bolton has been officially designated as a HeartSafe Community by the Commonwealth of Massachusetts Department of Public Health, the American Heart Association and the Central Massachusetts EMS Council.  

TREATMENT PLANT ACCESS

Mr. Troup proposed site visits on Tuesday, November 28, 2006 and Saturday, December 2, 2006 of the wastewater treatment plant site.  He reported that he attended the Conservation Commission meeting for the wetlands filing for the access from the school to the site.  They are talking about a cement box culvert that is 21 feet wide and has natural bottom with concrete top.  This will meet the Army Corps of Engineers requirements for the stream crossings.  The Conservation Commission was not overly thrilled with the idea compared to other alternatives that they suggested.  The estimate for this project is an additional $100,000.  Mr. Plante stated that he made contact with the owner of the Salt Box and they are interested in listening to any proposal related to an access route through their property.  Mr. Plante advised the owner to contact the Wastewater Treatment Plant Committee.

DEPARTMENT CAPITAL NEEDS

The Board of Selectmen requested that all department heads, boards and committees submit a breakdown of any anticipated capital equipment and/or other capital purchases for the next 5 years.  Capital purchases have been defined as anything over $25,000.  

 

They will schedule a goals meeting for January, 2007.  This information will be part of the goals meeting and will be forwarded to the Capital Planning Committee once the Committee is formed.

APPOINTMENTS

Historical Commission:  On a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to make the following appointments to the Historical Commission.  (Troup – yes, Gerken – yes, Plante – yes)

Alice Coggeshall, Term expiration June 30, 2009

Christina Rickard, Term expiration June 30, 2009

J. Howard Black, Term expiration June 30, 2007

Council on Aging:  On a motion made by Troup and seconded by Gerken, the Board of Selectmen voted to make the following appointments to the Council on Aging.  (Troup – yes, Gerken – yes, Plante – yes)

Marcia Flerra, Term expiration June 30, 2008

Board of Appeals:  On a motion made by Plante and seconded by Gerken, the Board of Selectmen voted to appoint Andy Kischitz to the Board of Appeals, term expiration June 30, 2009.

SIGN REQUEST

On a motion made by Plante and seconded by Gerken, the Board of Selectmen voted to approve the request from Emmitt Brewington for the sandwich board sign near Route 117/Route 85 advertising the NRHS Drama play “Murder By Death”.   The sign will be on display the weekend of (Troup – yes, Gerken – yes, Plante – yes)  

EXECUTIVE SESSION

On a motion made by Troup and seconded by Gerken the Board of Selectmen voted to go into executive session under Chapter 39, Section 23B (3) at 10:45 p.m. to discuss non-union contract negotiations and will not reconvene to open session. (Roll Call:  Troup – yes, Gerken – yes, Plante – yes)