Board of Selectmen Minutes

Board of Selectmen                              Present:        Stanley M. Wysocki

July 20, 2005                                                   Kenneth F. Troup

                                                                Panny Gerken

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

WARRANT 

05-28           $  13,969.18

05-28A  $  82,469.60

06-02           $  85,244.98

06-2A           $129,545.68

Present:  Nancy Skinner, Attorney F. Alex Parra

Attorney Parra met with the Board on behalf of Nancy Skinner to discuss a proposed warrant article to rezone Mrs. Skinner’s property on Main Street.  It is approximately 15 acres and is currently zoned residential.  The proposal is to rezone the property to either business or commercial.  Either district would be acceptable as the business purpose for Mrs. Skinner would fit with either zoning.   

Attorney Parra provided the Board with a proposed warrant article.  The building on the property is 20,000 square feet with a storage facility in Hudson.  They would like to consolidate their operation to the Bolton property.  They would like to increase the size of the facility by 30,000 square feet, raze the current building and construct a new building of approximately 50,000 square feet.  They are not intending to increase the activity at the site nor increase the traffic flow to the property.

The Article would be submitted to the Planning Board for a hearing and a Town meeting would have to be held within 6 months of the Planning Board hearing.  Mrs. Skinner stated that there is a lot of ledge on the property which is why the septic system was placed where it was in 1990.  Mrs. Skinner stated that Larry Ducharme of Ducharme and Wheeler indicated that there is sufficient space to expand the system to accommodate the proposals.

Attorney Parra stated that final site plan review would be completed by the Planning Board, allowing the Town to continue to have control over the project.  It would be possible to accomplish this through a special permit; however, with the cost of the proposed changes to the property, it would not be financially feasible without a change of zone.

Ken Troup asked if Mrs. Skinner would consider limited business as a zoning.   He stated that he cannot remember any other zoning changes other than limited business in the past 20 years.  The special permit process has not kept owners from being able to accomplish what they want.  Ken Troup stated that the Board is supportive of rezoning and of expansion of the Skinner facility.  Mr. Troup stated that he feels that a Limited Business would be more easily approved as opposed to Business.  There is presently no land zoned commercial in Bolton.  Ken Troup stated that the Limited Business zoning does allow for a “campus” layout, whereas Business allows only one building.  Mr. Troup also cautioned Mrs. Skinner to look carefully at the setback of the proposed building.  A zoning change to Business or Limited Business would require a 150 foot setback form the street and it was not clear to Mr. Troup that the conceptual drawing reviewed provided that setback.  He said it would not be good practice for the owner to have to immediately apply for a variance after rezoning.

Mr. Parra stated that they would be meeting with the Planning Board next Wednesday.  The member of the Board of Selectmen all stated that they are all would like to keep Mrs. Skinner and her company in the Town of Bolton.

Present:  Tony Bryan

When the Town of Bolton voted to go to quarterly billing, it was the Town’s intent to include the 2.5% adder in an effort to make the bills more even.  The first two quarterly tax bills are based on the prior year tax bill, with the second two quarterly tax bills reflecting any increases.  When the tax bills were recently printed, the 2.5% was not included on the first two quarterly bills for May and November.  This will make the second two quarterly bills higher.  Tony Bryan will be releasing a press release to clarify this issue to the residents of Bolton.

The Treatment plant has been discussed for approximately a year but Jodi Ross would like the Selectmen to appoint a committee.  Ms Ross is suggesting the following:  Jodi Ross, Ken Troup, Margaret Campbell, Harold Brown, William Spratt and Mark Sprague.  

Ms. Ross would also like a charge for the Committee.  Further, any financial decisions would be brought before the Selectmen.  The Committee would see this project from its inception until the project is completed and then be disbanded.  The committee would not go on to manage the facility.   The Committee is developing a Request for Proposal to hire an engineer to lay out the steps to follow to complete the project.  Ms. Ross stated that Chris Slade cannot hold a seat on the Committee because he is on the Advisory Committee and his son is an abutter of the project.  Ms. Ross asked if a member of the advisory committee would like to be present as a non-voting member.  They indicated they would not need to be present.

The name of the committee will be the Wastewater Treatment Plant Committee (WTPC).   Panny Gerken would like Jodi Ross to be point person to interface with DEP.

Move – Panny Gerken, Second Ken Troup, unanimously passed

The DEP has given the Town 60 days to submit a time line plan for the project.  Jodi Ross believes that the time frame proposed by DEP is not possible and is seeking an extension.  An RFP for an engineer is currently being drafted.  The most important point with regard to the Consent Order is that the project must be finished by the Completion date, with the dates along the way being flexible.

Ms. Ross proposed to the DEP to change the completion date from April 1, 2007 to September 1, 2007.  She also discussed other suggested language changes with the Board, in order to protect Bolton’s interests.  She is asking that the fines for non-compliance be lowered.  She is unsure whether her proposed changes will be accepted by DEP.  The Consent Order has been reviewed by Town Counsel.  Ms. Ross will report back to the Board with the final Consent Order.  Move Panny Gerken, Seconded Ken Troup, voted unanimously.

Town Administrator Jodi Ross reported that the Advisory Committee met with Mary Carney, our financial advisor to discuss how the Town financial decisions regarding borrowings and bonds are handled.

Jodi Ross reported that the Advisory Committee made year-end transfer from the reserve fund totaling approximately $1,280 to cover expenses in cemetery, street lights, town nurse, fire department inspection and Historical Commission.  The Advisory Committee will decide whether the balance will be used to offset expenditures in the snow and ice budget or be returned to free cash.

Jodi Ross reported that Bolton retirees have never been asked to go into a Senior Health Plan, they have coverage through active employee health plans.  Jodi Ross feels that this must be looked at for the future due to the cost implications.  

Ms. Ross stated that you cannot accept Chapter 32B, Sec. 18 and not force retirees into a Senior Health Plan.  It is possible that from this point forward, the Town can make a Town Policy to require all future retirees to join Senior Plans and leave prior retirees as is.

Ken Troup asked if the benefits that the retiree would receive are the same as they are presently receiving.  Ms. Ross stated that as soon as she has the information she will present the information to the Board.  

Jodi Ross reported that the Request for Proposals (RFP) for Town Council was issued and that she and the law committee would be reviewing the responses with a possible recommendation by August 4, 2005.

Jodi Ross reported that Bill St. Hillaire is waiting for results from Loitherstein.  As soon as the figures are available, Jodi Ross will provide same to the Board.  Ken Troup suggested that all parties be present at the same time and in the same place.  He feels that we need to get the two sides together so that the Town can make decision in time for Town Meeting.

Stan Wysocki suggested that Ms. Ross invite all parties to a meeting.  If all the information is provided prior to the meeting, the meeting may not be necessary.

Present:  Mr. Callinan

Mr. Callinan stated that he does not see how we can continue to ignore the issue.  Jodi Ross stated that Harold Brown has provided information on alternatives to resolve the matter.   Mr. Callinan stated that he would also like a copy of what was proposed by Mr. Brown.  

Ken Troup suggested that the Board get input from the Planning Board.  Mr. Wysocki stated that he feels that the Planning Board will take the position that the roadways were constructed in accordance with the plans as submitted.  Mr. Wysocki stated that the Town is unsure was to whether the ponding is a result of a pre-existing condition or a result of the development that has taken placed.

Stan Wysocki stated that the Board will look at the information available and decide if the Town is going to address the problem.  If after looking at the information the Board feels that the Town does decide it does have liability, nothing will be done until after the Town meeting in November.  Nothing would happen until the spring even if there was an article at STM.

A meeting will be scheduled for sometime in the future when the information is available.

The Selectmen acknowledged the Library’s receipt of a $2.5 million construction grant and its ranking in the top seven on the award list.  The Town has 6 months to approve funding for the project or until January, 2006.  A warrant article for funding will be prepared for Special Town Meeting in November.

Jodi Ross reported that former Veteran’s Agent Russ Fitch has requested that funds be transferred to cover mileage expenses in excess of his budget.  Jodi Ross stated that she believes that it is approximately $400.  Mr. Fitch asked that money be transferred to cover his phone, internet and unspecified mileage.  Mr. Fitch is asking for 1/3 from each of the three towns that he serviced.  After discussion, the Board denied his request.

DOCUMENTS SIGNED:

Congratulatory Letter to Suzanne Wintle as Massachusetts Teach of the Year

Subordination Agreement – Bolton Country Manor

Lease Agreement Renewal the Bolton Conservation Trust for use of space at the 1922 wing of Emerson School.

The Board of Selectmen voted to go into executive session at 8:45 p.m. Under MGL 39, Section 23B to consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, and to discuss Negotiations on Land and Litigation.  They stated they would not return to open session. (Roll Call:  Wysocki – yes, Troup – yes, Gerken – yes)

Meeting adjourned.