Board of Selectmen Minutes

Meeting date: 
Tuesday, February 15, 2005
Board of Selectmen                                      Present:        Kenneth F. Troup
February 15, 2005                                                       Richard H. Heaton, Jr.
Stanley M. Wysocki
The Board of Selectmen met at the Town Hall at 7:00 p.m.  

 

WARRANT
#05-17            $     79,685.77
#05-17A         $2,223,939.34

 

SMITH PROPERTY
Present for the meeting:  Conservation Commission member Bill Fatieger, Advisory Committee members Chris Slade, Wendy Rogers, David  Lindsay, Scott Powell, Board of Health member Mark Sprague, Chief Hyde, Planning Board members Russell Karlstad and Steve Garner; Mickie Simpson and Ken Swanton of the Master Planning Committee, Martha Fitzgerald and Mr. Kelly.

 

Joel S. Loithersten and James Previte of Loitherstein Environmental met with the Board and gave an overview of the testing done on the Smith Property at 719 Main Street.

 

Loitherstein Environmental installed and sampled three monitoring wells as follows:
#101, tank pad; #102 dispenser island; #103 house next door.  In addition they sampled a potable well on the property.  Wells 101 & 103 was pretty clean, Well #102 showed containments.  The Containments detected require a 72 hour reporting condition to DEP, with the owner being notified.  The tanks in ground look as though installed in the 1996 time frame.   The owner is obligated to notify DEP within 72 hours which they did well within the 72 hours.   DEP requested they go to other to test wells.
 
The Board was provided with a summary of soil analytical results and results of magnetometer readings which identified extremely large objects.  Mr. Loitherstein proposed excavating in these areas to see what they actually find the large objects to be. The options were to move forward with further testing to understand the cost, and then decide how to move forward; or not to do anything.

 

Mr. Loitherstein stated owner can sell as is; but property could have a negative value.  
The work has been completed by Loitherstein that they were originally contracted to do.  The town has spent approximately $14,000 for costs associated with this property.  

 

Bill Fateiger, Conservation Commission member would like to see further exploration before walking away from project.  Mr. Fatieger noted that if Selectmen go ahead with further testing a Conservation Filing will be required for the excavation.

 

Mr. Loitherstein stated it would cost approximately $5,000 for excavating, additional monitoring wells and sampling.   

 

On a motion made by Heaton and seconded by Wysocki the Board voted to move forward and request a proposal from Mr. Loitherstein including a price to remove objects should we decide to take that option.  The proposal will be reviewed with the owners to see what they are doing particularly related to testing the wells of the neighbors.  (Troup – yes, Heaton – yes, Wysocki – yes)

 

LIEUTENANT POSITION
Present:  Chief Hyde, Lieutenant Nelson

 

Chief Hyde and Lt. Nelson met with the Board of Selectmen to discuss the benefit package of the Lieutenant’s position which is the first Lieutenant position in Bolton and does not fall with the Police Union Contract.  

 

Chief Hyde provided three options that included forming a superior officers union; providing a contract for this position, or adding the position to the Personnel bylaw with an added notation that the Lieutenant’s position shall receive the same fringe benefits as those under the Police Union contract.  Chief Hyde provided a comparison between the benefits in the personnel bylaw versus the union contract.   Town Counsel has confirmed that the Lieutenant position is exempt but Chief paying him hourly at this time and therefore he is receiving overtime.  Chief Hyde stated most towns allow overtime for the Lieutenant.  At present there are benefits that the Chief and Patrol Officers receive that the Lieutenant is not receiving.  

 

Town Administrator Jodi Ross informed the Selectmen that if they choose to negotiate a contract with the Lieutenant it should be done in executive session.
 
Chief wants best for town and lieutenant and make it as easy as possible.  

 

Mr. Heaton said the key issue is that Lt. be appropriate compensated which does result in financial.  (i.e. longevity, vacation, sick).  The Selectmen were provided with a draft contract for review and will ask the Personnel Committee their opinion regarding a bylaw change versus a contract.

 

MASTER PLAN
Present:  Advisory Committee members Chris Slade, Wendy Rogers, David Lindsay, Planning Board members Russ Karlstad and Steve Garner

 

Mr. Heaton stated that when most towns do their master plan they do not address the population plan for the schools and he feels it is important that we do this, stating his personal feeling is that we will not need a school in the next 5 years, but will then need another in 10 years and probably 25 years.  The Master Planning Committee is trying to understand how we should factor in our school building plans into the master plan.  He would like to take some time at the upcoming tri-town meeting which has been scheduled for March 2 in Stow to discuss school building needs for the future.  Mr. Heaton asked for feedback from those present to tonight’s meeting.  Mr. Troup has had positive feedback for a regional school building group and suggested a task force could be formed at Tri-Town meeting to have regional sanction rather than just a Bolton group.  The Selectmen were favorable to this suggestion.
 
DEP
Ms. Ross stated she spoke with David Boyer of DEP and asked the question “if town is looking at all things going on and wanted to take time to explore a treatment plant and cost estimate how would that affect where we were with DEP right now.”  Mr. Boyer spoke with Mr. Kimball and Ms. Weber of DEP and informed Ms. Ross that they would like to meet with the town but would be willing to allow delay.  Ms. Ross is researching the cost of a treatment plant.  $1.5 million is a lot to spend to maintain status quo.  Mr. Heaton stated with the estimated $1.5 million for renovations of Emerson and $2 million for septic why don’t we tear down what we have and build a new building.  Goal is to research the school building plans.  

 

There is a meeting scheduled for next Thursday, February 22 with school administration, Panny Gerken, Harold Brown and the architect to discuss options related to the proposed renovations.  Schedule time here after tri-town to determine next steps.

 

TOWN ADMINISTRATOR’S REPORT
Stephenson P&S – Board reviewed and approved the draft Stephenson Purchase and Sale.

 

BatCo – Board to review the BatCo agreement and provide comments.

 

Administrative Assistant, DPW –  The Board of Selectmen agreed that the DPW phone should be answered during the time the office is open – 8 to 2:00 p.m. Monday through Friday.  The Board was ok with Ms. O’Toole working 10 hours per week at home but felt she should be answering the phone calls they are receiving at the office, especially when DPW Director Harold Brown is out.  

 

WARRANT REVIEW
The Board of Selectmen reviewed the draft annual town meeting warrant.  
Mr. Brown, DPW Director will meet with the Board of Selectmen to discuss field maintenance alternatives and the cost associated with the services; Vaughn Hill Road drainage.

 

Tony Bryan, Principal Assessor will meet with the Board of Selectmen to discuss the Assessor’s articles regarding Personal Property accounts and the Technology Consortium.

 

Deletion of the articles for renovations of the 1952/1922 wings of Emerson School and the WRPD articles are being considered.

 

The Advisory Committee agreed to handle the deficit in the capital reserve fund with a transfer and will discuss at their meeting on March 1.  

 

Revised budgets:  Selectmen received copies of revised budgets from Cemetery Committee and Library.

 

GREAT BROOK FARMS
The Board of Selectmen executed a letter to be sent to Mr. Slater stating that they have received his letter and talked at length about the operation and proposed equipment rental sub-business.  They will inform him that they remain supportive of the overall objectives of a first class garden shop but cannot support the equipment rental as he proposed as the Selectmen feel it goes too far beyond the intent of the agricultural exemption.  The Board will not grant permission to Mr. Slater to separately advertise or conduct equipment-only rental from his garden center property.  The Board will ask that when the equipment is not in use it is stored away from the road, out of view of the public to the extent of practical.

 

HONORARY SPECIAL OFFICER
The Board of Selectmen reviewed a request of Chief Hyde to appoint Barbara Brown as Honorary Special Officer, effective immediately.  Ms. Ross, Town Administrator stated that this essentially take a union positions and places it outside of the union.  The union was not favorable to this recommendation.  The Board of Selectmen did not approve.

 

CROSSWALK ON ROUTE 117
The Board of Selectmen received a letter dated January 27, 2005 from Mass Highway that indicated they did not recommend a crosswalk on Route 117, at Green and Forbush Mill Road (near Nashoba Regional High School).  The Board of Selectmen agreed not to fund the crosswalk and these funds were removed for the DPW’s budget.  

 

RIVERSIDE 40B
Mr. Troup reviewed the Riverside 40 B filing, a proposed 12 unit subdivision at 396 Still River Road and passed on to Mr. Heaton to review.

 

Meeting adjourned.