Board of Selectmen Minutes

Board of Selectmen                              Present:        Kenneth F. Troup

August 3, 2006                                          Panny Gerken    

                                                                Curt Plante

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

WARRANT

#07-3           $87,655.01

#07-3a          $92,780.04

JOINT MEETING WITH BOARD OF SELECTMEN AND LIBRARY TRUSTEES

Present for the meeting: Library Trustees Bob Zak, Chris Sterling, Alana Dunn Clark; Library Director Kelly Collins, Anne Larsen, building specialist for the MA Board of Library Commissioners

The meeting was called to order at 7 p.m. by Ken Troup.  Mr. Troup and Bob Zak (trustee chair) presided.

Mr. Zak introduced Anne Larsen, building specialist for towns under 10,000 for the MA Board of Library Commissioners (MBLC).

Ms. Larsen encouraged an open forum and invited questions from the attendees.  Ms. Larsen gave a brief overview of the MBLC’s public library construction grant program, noting that she first met with Bolton at the beginning of the process over 8 years ago.  Ms. Larsen noted that Bolton did well in the latest construction grant round, ranked in the top 7 of 40 applicants, and #1 in its population group.  Ms. Larsen said that any library notified of provisional grant status has six months to raise matching funds locally.  Ms. Larsen discussed the Bolton Trustees’ successful appeal to the MBLC for an extension on that deadline, which is now December 7, 2006.  Ms. Larsen encouraged the Trustees to raise the required funds and sign the first contract with the MBLC as soon as possible.

Ms. Larsen outlined the disbursement of grant funds as follows:  having secured local funding, the first contact is signed and funding is immediate (30% of the state grant).  The town then has 9 months to contract with a general contractor, at which time another 30% of state grant money is released.  When the project is judged to be 75% complete, another 30% of state grant is issued.  The final 10% of the grant comes when the town produces a certificate of occupancy.

Ms. Larsen took questions from the audience; details of the questions and answers are attached to the minutes.

Ms. Larsen concluded by stating that conflict is part of every project.  She advised those present to resolve as much as possible, to realize that the extension for fundraising was very generous, and that there are 33 towns on the waiting list ready to start.  Ms. Larsen does not foresee another grant round in 4-5 years.  We should move forward or accept that the library project will not happen for 6-7 years or longer.

Mr. Zak introduced Ann Hurd, who presented an update of the Capital Campaign Committee’s activities.  Ms. Hurd said that they have received two private pledges of $100,000 each, and one of $50,000.  To date $485K has been pledged, and a portion of the money is in the bank already.  The Capital Campaign Committee plans to host house parties, a car raffle, appear at the Bolton Fair, approach businesses, seek grants (e.g., Target), and issue another town-wide mailing.

CELL TOWER SITE PLAN AND SPECIAL PERMIT PUBLIC HEARING

A public hearing was held at 8:00 p.m. to act upon the application of Omnipoint Communications, Inc. to install, operate and maintain a wireless communications facility on and next to the existing 150-foot tall monopole pursuant to Sections 2.2.3, 2.5.7, 2.5.5. of the Zoning Bylaw of the Town of Bolton.  The property is located at 41 Main Street.

Present for the meeting:  Attorney Brian Grossman of Prince, Lobel, Glovsky & Tye; Frank Wunderler, Radio Frequency Engineer for T-Mobile; Town Planner Nat Tipton; Building Inspector Frank Krysa; David Thombs of Chelton Company

The facility will include nine panel antennas and amplifiers mounted on the existing tower and three base transceiver station cabinets located on a concrete pad.

A significant gap in coverage has been determined along Route 117 and this installation will provide the necessary coverage.

Comments from Town Planner Nat Tipton, Conservation Commission Administrative Assistant Carol Gumbart and Building Inspector Frank Krysa were reviewed and discussed.   

Mr. Tipton noted that the existing special permit was issued to Sprint Spectrum L.P., (d/b/a Sprint PCS) and will expire in November of 2006.  A request to renew the permit must be made by Sprint.   As part of the application the Board was also asked to grant a special permit for a term of 25 years.   Mr. Tipton noted that it is the Board of Appeals, not the Board of Selectmen, who has the authority to waive the five year maximum permit term for the cell tower.   

Comments from the Conservation Commission refer to the amendments of the Wireless Communications Bylaw in the spring of 2006 that state no wireless communication facility shall be erected in proximity to wetlands.  Questions were raised as to whether the tower is pre-existing non-conforming and if this type of use would be exempt from the wetlands bylaw.  Any expansion within any resource areas protected by the Bolton Wetlands Bylaw and Massachusetts Wetlands Protection Act must be addressed with the Conservation Commission.  

A spokesperson for the Colleton’s who are abutters to the tower, expressed their concern regarding the view of the cell tower from their home and their understanding that the pole would be camouflaged.  The Board was provided with photos.  Mr. Troup stated that he was on the Board at the time of the original decision and that was not part of the decision.   

A question was raised as to the interference the cell tower may have with the adjacent property and if there was any supporting documentation that it would not affect Chelton Company on Main Street.   David Thombs, of Chelton said the Omnipoint antenna would not affect Chelton.

On a motion made by Troup and seconded by Gerken, the Board of Selectmen voted to continue the hearing to September 7 at 7:00 p.m.  This will allow time for the town boards to discuss further and determine the process that needs to be taken including what we have to do about the current tower related to the November expiration date.  

AGRICLTURAL PRESERVATION BYLAW

Mr. Nicewicz, member of the Agricultural Committee met with the Board of Selectmen to discuss the status of the bylaw and seek the Board of Selectmen’s comments regarding the draft bylaw.   Mr. Nicewicz stated that they have been meeting for several months to draft the agricultural bylaw and a representative from the Commonwealth of Massachusetts has been advising them throughout the process.  He said they are reviewing the comments from the Boards and Committees first and then comments from the public such as those from Martha Ashe will be reviewed at the next meeting.  The impact recreational farmers may have on neighbors was discussed and the Selectmen suggested that the bylaw include a process within the bylaw for neighbors to be able to file concerns or complaints about the situations.  The question was also raised as to how subdivision covenants would be addressed.  Mr. Nicewicz agreed to discuss with the Committee to be sure this is clarified.  

The Board of Selectmen suggested that the Agricultural Steering Committee meet with the Board of Health who is working on manure regulations so that they can be sure the manure regulations will complement rather than conflict with the bylaw.  

Mr. Nicewicz reported that their will be a public forum held on Monday, August 21 at 7:30 p.m. at the town hall that will be televised.  The Selectmen are invited to attend.  Mr. Troup will draft the Board’s written comments for submission to the Agricultural Steering Committee.

CAPITAL PLANNING DISCUSSION

Present:  Advisory Committee members Scott Powell, Burt Shnitzler and David Lindsay, Town Clerk Betsy Cussen

The Board of Selectmen and Advisory Committee discussed the formation of a Capital Planning Committee.  Selectmen and Advisory Committee members reviewed the capital planning information of various towns including the towns.  A dollar limit and time span of useful life would make manageable the number of projects the Committee would examine.  Mr. Lindsay stated that he did not want to have a complex spending process that would require us to add to the town’s operating expenses by having to hire another person to oversee all of this.   It was suggested that the structure be such that it can be provided to the public so they can see what lies ahead and they are not surprised.   After much discussion, on a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to appoint a Capital Planning Committee made up of 5 townspeople and a liaison from the Board of Selectmen, Advisory Committee and the financial personnel.  The Board of Selectmen will advertise for volunteers to serve on the committee and the deadline for response will be September 15, 2006.  (Troup – yes, Gerken – yes, Plante – yes)

Town Administrator Jodi Ross will draft the charge of the committee for review by the Board of Selectmen and Advisory Committee.  

TOWN ADMINISTRATOR REPORT

House numbering letter prepared by Chief Alfano:  Ms. Ross asked the Board of Selectmen if they would like the letter about proper house numbering mailed to all residents as a separate mailing or wait to mail with the tax bill on October 1.  The cost for a separate mailing would be approximately $200.00.  The Board of Selectmen suggested that the notice be placed on the website, on the bulletin board at the Police Station and in the Bolton Common now and  mail the letter with the tax bill October 1.  

Bollards:  Ms. Ross reported that she met on site with Harold Brown, Chief Alfano and Dan Senie and the agreement is that the bollards will be placed 5 feet, 5 inches from the signs along the curb.  They will be 10-12 feet apart and Jodi spoke with Martha who will flag locations prior to the bollards being installed.  The Board approved of this plan.  

School Lease:  Ms. Ross reported the school lease has been approved by Lancaster and Stow and will be brought to the next School Committee meeting.  

Chapter 90 local transportation aid: Ms. Ross reported that an additional $55 million in Chapter 90 local transportation has been released and Bolton’s supplemental apportionment is $80,440.  

APPOINTMENTS

On a motion made by Gerken and seconded by Plante, the Board of Selectmen voted to appoint Brad Reed to the Board of Appeals as a regular member, term expiration June 30, 2007 and Greg Thomas as an associate member, term expiration June 30, 2008.  

VOTE ON OVERTIME FOR FIREFIGHTERS UNDER SECTION 7(k) OF THE FAIR LABOR STANDARDS ACT

On a motion made by Mr. Troup and seconded by Ms. Gerken the Board of Selectmen voted to approve the overtime for firefighters under Section 7(K) of the Fair Labor Standards act as follows:

WHEREAS, Section 7(k) of the Fair Labor Standards Act provides for a qualifying work period of twenty-eight (28) days in order for police officers and firefighters to be eligible for overtime compensation;

WHEREAS, firefighters who are subject to the 28-day qualifying work period under Section 7(k) of the Fair Labor Standards Act are not eligible for overtime compensation unless and until they actually work in excess of 212 hours during the 28-day work period;

WHEREAS, the Town Personnel By-Law 1.14.10 provides, in pertinent part, “Payment for overtime shall be in accordance with the terms of the Fair Labor Standards Act of 1938, as amended”;

WHEREAS, the Town has recently hired its first full-time firefighter/EMT; and

WHEREAS, the Town now wishes to clarify Personnel By-Law 1.14.10(b), Overtime/Compensatory Time, as it relates to the payment of overtime for firefighters.

NOW, THEREFORE, the Town hereby votes, through its Board of Selectmen (1) to adopt a qualifying work period of twenty-eight (28) days for all full-time firefighters in accordance with the terms of Section 7(k) of the Fair Labor Standards Act of 1938, as amended; (2) that all firefighters must work in excess of 212 hours during a 28-day work period under Section 7(k) of the Fair Labor Standards Act of 1938 in order to be eligible to receive overtime compensation; and (3) that Town Administrator is hereby authorized to implement a 28-day qualifying work period pursuant to Section 7(k) of the Fair Labor Standards Act of 1938, as amended.

BLOGGING

Town Administrator Jodi Ross informed the Board of Selectmen that she had received a request from a resident for the Board of Selectmen to consider establishing a blog.  This would allow individual written conversation between board members and the public and was suggested as a way to increase communication.  The Board of Selectmen were not interested in this at this time and encouraged people to contact the by phone or email.

Public Ways Safety Committee:  Board suggested that the Public Ways Safety Committee meet with them to discuss their memo of June 28, 2006 regarding pedestrian safety in the Town Center.  

Relocatable:  Town Secretary Linda Day will contact Rose Darden to find out when they anticipate vacating the relocatable next to Emerson School.  Mr. Troup noted that BATCO remains interested in the building for its storage and editing work. Ms. Gerken mentioned there are other interests as well.  

SPECIAL TOWN MEETING

The Board of Selectmen discussed the need for a special town meeting in the fall.  Possible articles included the retiree insurance issue, the MART senior van, a couple personnel bylaw revisions and the agricultural bylaw.   Town Administrator Jodi Ross will send a message out to all departments asking if there are any articles being considered for a special town meeting.  If there is no immediate need the Board discussed waiting until January or February.  

HORSE SHOW FENCING

Town Secretary Linda Day reported that various people including Park and Recreation, 4-H representatives, and horse owners have been contacted regarding the horse show fencing being moved from Bolton to Lancaster and they do not have a problem with the plan.    Park and Recreation requested that the pole holes be backfilled and the field be left in safe condition for use.  They also suggested that Bolton people be allowed to use the horse ring in Lancaster if needed.  On a motion made by Plante and seconded by Gerken, the Board of Selectmen voted to gift the horse show fencing to the Bolton Fair Committee.  

BOARD OF SELECTMEN SCHEDULE

The Board of Selectmen set their meeting schedule as follows:  August 17, Sept 7 & 21, October 5 19, November 2 & 16, and December 7 and 21^st.   November 30 was discussed as a possible date if needed.

WASTEWATER TREATMENT PLANT UPDATE

Mr. Troup reported Wastewater Treatment Plant Facility application has been submitted to DEP and they anticipate completion of the review in mid-September.  The next Wastewater Treatment Plant Committee meeting is scheduled for September.  Tata and Howard will provide the committee with drawings of building alternatives.   They will also provide the committee with estimates for adding two trenches to the current layout for negotiations with Flatley to hook up to the treatment plant in the future.  

The Board of Selectmen authorized Town Administrator Jodi Ross to contact DEP to inquire as to the process the town needs to go through to obtain approval to separate the cell tower site from the school site, for a future police station.

256 GREEN ROAD

Mr. Troup asked if there was a public safety issue with the burned out house on Green Road.  The Board of Selectmen recommended that the Building Inspector and Fire Chief do a site visit and report back to the Selectmen.

TRAFFIC RULES AND ORDERS

The Traffic Rules and Orders were executed by the Board of Selectmen.

WARRANT FOR STATE PRIMARY

The Warrant for the State Primary on Tuesday, September 19, 2006 at the Bolton Town Hall was executed by the Board of Selectmen.

Meeting adjourned at 11:10 p.m.

 

Ms. Larsen took questions from those assembled at the joint meeting of the Board of Selectmen and Board of Library Trustees, with guest Anne Larsen (Massachusetts Board of Library Commissioners), Thursday, August 3, 2006 at Town Hall, Bolton, MA

as follows:

Q from Mark Harwood: Must the town’s funds all be in the bank before the contacts are signed?

A: That is a local decision.  MBLC accepts pledges as part of local funding.   MBLC’s concern is that the town raise eligible costs as soon as possible, for the longer the delay in signing a contract the costlier the project may be.  Bolton’s grant application shows $6.7 million in eligible costs.  $3.5 million was approved at Annual Town Meeting 2006, $2.7 will come from the MBLC grant, and the balance raised through local fundraising.  Ms. Larsen noted that the MBLC was surprised at how much materials costs have risen since the last grant round, but assessed Bolton as being in good shape with three contingencies and one escalation.

Q from Wayne Wetzel: There is a conflict with the Board of Selectmen’s stated refusal to sign contracts until all of the money from fundraising is in the bank, and the MBLC’s acceptance of pledges.  If the pledge drive is unsuccessful, will the MBLC ask for its money back?

A: Yes, MBLC will ask for the money back.  If the town signs a contract with MBLC, the expectation is that it will execute the contract.  If not, the money must be returned. Ms. Larsen discussed Boylston as an example. The town can do more fundraising, ask for another extension, or ask the town for more money.  Ms. Larsen recommended getting two more independent cost estimates, and doing value engineering.  She cited Georgetown, which made many decisions about materials and furnishings during value engineering.  She noted that most libraries do value engineering rather than ask the town for more money.  

Q from Mr. Harwood: How many years are covered in Bolton’s $1.4 million escalation?

A: Five years.  Ms. Larsen cautioned the trustees not to touch the contingencies as one never knows what may happen during the construction.

Q from Mr. Harwood: What are the ineligible costs?  Are the figures shown in the grant application sufficient to cover them?

A: Ms. Larsen said that the grant application includes $290,000 for shelving, $25K for furniture, and $225K for paving.  Ineligible costs are items like furniture, landscaping, and equipment.  Donated services (e.g., DPW doing landscaping, or a paving company donating its services) will free up money for other things, so should be actively solicited. Ms. Larsen gave the example of Williamsburg, which asked for its furnishings at cost and employed many volunteers in the trades.  Volunteers can be counted as in-kind donations

In response to a query by Mr. Wetzel, Ms. Larsen stressed that some decisions must be made locally.  She speaks to the requirements of the grant program, not to local decision-making.  Ms. Larsen said that she could not think of a single project where fundraising pledges didn’t come through.  Christine Sterling noted that cash is coming in now, and that employer matches over the three-year giving period mean more money for the library.  Ms. Larsen said that she has experienced every kind of fundraising, and that typically 5-10% of the project cost is raised privately.

Q from Noel Dill: If the project came in under budget, how would this affect the MBLC’s contribution?

A: Ms. Larsen noted that in the history of the grant program over 200 projects have been completed and that no grants have been reduced.  Some towns add eligible items back in at the end, after removing them during value engineering.  At the project’s end, MBLC requires an audited report to insure that no state grant funds were used for ineligible costs.

Ms. Larsen advised the trustees to think about how to proceed with forming a construction committee, hiring an architect, etc.  She noted that there is no standard for assembling a construction committee, that each town determines that committee’s composition, relationships, and authority.  Ms. Larsen advised drafting a written charge of the construction committee’s size, duties, relationships, and authority.  The Inspector General’s manual gives some guidance about the construction committee’s composition.

Ms. Larsen discussed the new public construction law, passed two years ago.  The new law requires hiring a project manager with certain degrees and/or qualifications.  Hiring this person must be done first.  

Roland Ochsenbein commented that the Bolton Library’s construction budget includes substantial sums for the project manager and administration salaries.

Q from Panny Gerken: Must we take the lowest bid?

A: Ms. Larsen said that the new law is flexible in some ways, and discussed the prequalification round.

In response to a question about short term and long term bonds from David Lindsay, Ms. Larsen said that this is another local decision, and that MBLC has few requirements about how and where local funding is secured.  She cited the example of Provincetown, whose fundraising kicked off on 9/11/01.

Mr. Wetzel said that Mr. Lindsay’s question about bonding was in conflict with the Board of Selectmen’s statement about not signing a contract until all of the money is in the bank.  Mr. Zak advised those assembled to make the best of Ms. Larsen’s time and to sort such issues out later.

Mr. Wetzel asked about local bylaws and zoning issues, and asked whether the Selectmen were going to do their duty.  Mr. Troup replied that later in the evening, the Selectmen intended to set up a schedule of continued discussions at upcoming meetings.

Ms. Larsen concluded stating that conflict is part of every project.  She advised those present to resolve as much as possible, to realize that the extension for fundraising was very generous, and that there are 33 towns on the waiting list ready to start.  Ms. Larsen does not foresee another grant round in 4-5 years.  We should move forward or accept that the library project will not happen for 6-7 years or longer.

Mr. Zak introduced Ann Hurd, who presented an update of the Capital Campaign Committee’s activities.  Ms. Hurd said that they have received two private pledges of $100,000 each, and one of $50,000.  To date $485K has been pledged, and money is in the bank already.  The Capital Campaign Committee plans to host house parties, a car raffle, appear at the Bolton Fair, approach businesses, seek grants (e.g., Target), and issue another townwide mailing.

This portion of the meeting adjourned at 8:06 p.m.