Board of Selectmen Minutes
Board of Selectmen Present: Jonathan Keep
November 16, 2017 Stanley Wysocki
Town Hall Robert Czekanski
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
Mr. Keep called the Board of Selectmen’s meeting to order at 7:00 p.m.
Mr. Robert Czekanski was welcomed as the newly elected member to the Board of Selectmen.
TAX CLASSIFICATION HEARING
Pursuant to Massachusetts General Laws, Chapter 40, Section 56, the Board of Selectmen held a public hearing regarding the property tax classification to discuss the option of a single or split tax rate for fiscal year 2018. Mr. David Manzello, Regional Tax Assessor, Mr. Jeff Nichols, Chairman and Charlotte Johnson-Zembko, member of the Board of Assessors were present for the hearing and recommended the Board of Selectmen approve a single tax rate classification for residential and commercial property.
The levy to be raised is estimated to be $21,063,608 which represents a 3.30% increase over last year’s levy of $20,384,068. This is subject to change based on the vote at the Special Town Meeting being held on Monday, November 27, 2017 regarding the purchase of Camp Virginia. Fiscal year 2018 new growth revenues of $378,630 have been certified by the Department of Revenue. The certified maximum allowable levy for fiscal year 2018 is certified at $21,359,780.
The Board of Assessors calculated a tax rate of $20.66 based on the shift factors. The purchase of Camp Virginia would mean an estimated .10 cent increase.
The execution of the LA5 document that is customary at the tax classification hearing will be deferred until after the vote at the Special Town meeting.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted in accordance with M.G.L. Chapter 40, Section 56, to approve a single tax rate in the Town of Bolton. (Keep – yes, Wysocki – yes Czekanski - yes)
PUBLIC HEARING – APPLICATION OF SUBURBAN PROPANE, INC.
The Board of Selectmen held a public hearing in accordance with the provisions of M.G.L., Chapter 148, Section 13 to consider the application of Suburban Propane, Inc. acting on behalf of the Town of Bolton, for a license to store 5,000 gallons of propane in five, 1,000 gallon underground propane tanks, at the Florence Sawyer School, 100 Mechanic Street, Bolton, MA.
Rebecca Berker, Debra Wyman and Timothy McGinn from Suburban Propane were present for the hearing.
The heating system will be changed over from oil and to propane and the oil tanks will be removed. The new tanks will be installed on the right hand side of the school next to the parking lot. The regulators and gauges will be housed inside of five foot stacks that will stick out of the ground. Fencing will be installed around the entire area when completed.
Fire Chief John Mentzer and EMT/FF Dave Farrell did a site visit and all concerns have been addressed.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to close the hearing. (Keep – yes, Wysocki – yes, Czekanski – yes)
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the proposal for five 1,000 tanks to be installed at Florence Sawyer School. (Keep – yes, Wysocki – yes, Czekanski – yes)
CHRISTMAS TREE AND MENORAH LIGHTING CELEBRATION
Ms. O’Leary requested permission to hold the Christmas Tree and Menorah Lighting Celebration on December 9, 2017 with a bonfire at 6:00 p.m. Police Chief Nelson has approved the event and recommended one police detail officer from 5:00 to 9:00 p.m.
Mr. Lowe stated that there is potential for the Town to close on the property prior to the event and it might be an opportunity for a brief ceremony to commemorate the transition.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen approved the event. (Keep – yes, Wysocki – yes, Czekanski – yes)
SIGN REQUEST - 96 HUDSON ROAD
Mr. Mark Connolly requested permission to place a real estate sign at 96 Hudson Road advertising the sale of Camp Virginia. The sign will be placed on the existing posts. On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the sign request. (Keep – yes, Wysocki – yes, Czekanski – yes)
SIGN REQUEST – 738 MAIN STREET
Mr. Zak, Chairman of the Library Trustees requested permission to replace the roadside sign in front of the Public Library with a new sign. The posts will be granite and match aesthetics outside of the library. The sign will have some moveable letters to allow for noting special events being held at the library. Martha Remington, Chairman of the Historical Commission stated that the Library is located in the National Historic District and it was her opinion that the sign lacked historic character. Mr. Zak stated that they have done their best to select a sign that will fit the historic character.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the sign as proposed (Keep – yes, Wysocki – yes, Czekanski – yes)
SIGN REQUEST, 727 MAIN STREET
Robin Bonazzoli and Leslie Higley presented the Board of Selectmen with a sketch of the proposed sign to be located on her property at 727 Main Street advertising her business – Country Well Acupuncture – which is located at Bolton Corners at 563 Main Street. Ms. Bonazzoli proposed hanging the sign on the existing lamp post with an external light hanging down on the sign. The sign will have a cream color background with gold lettering and will not display the phone numbers as proposed previously.
Martha Remington was concerned with setting a precedent by allowing Ms. Bonazzoli to put a sign on her property for a business located down the road. Mr. Wysocki stated that Ms. Remington’s fears were unwarranted and was in favor of helping to promote small businesses in town.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the proposed sign with beige coloring. (Keep – yes, Wysocki – yes, Czekanski – yes) Ms. Bonazzoli will meet with the Board of Selectmen once again to discuss the proposed lighting once the sign has been installed.
UPDATE FROM THE TOWN ROADS STRATEGIC PLANNING COMMITTEE
Mark Ayotte, a member of the Town Roads Strategic Planning Committee (TRSPC) met with the Board of Selectmen to provide an update on the status of the Committee’s charge to draft initial and subsequent recommendations to the Town of Bolton Board of Selectmen regarding the redesign of Main Street, including traffic calming, traffic speeds, paving, marking, sidewalks, ADA access, etc.
Mr. Ayotte stated that the Committee has been meeting weekly and they plan to go out for a Request for Information (RFI) which will help them in preparing a Request for Proposal (RFP). It is expected to be a two month process and the Committee won’t be ready to meet with Board of Selectmen on January 15, 2018 as stated in the charge. They have met with DPW Director Joe Lynch, Police Chief Warren Nelson and the Public Ways Safety Committee who have all been helpful in guiding them in the process.
Mr. Ayotte stated that they are in need of more members and anyone interested should contact the Committee.
The TRSPC anticipates having a couple of articles for the Annual Town Meeting in May, 2018 including adopting the municipal moderation act to help bolster the work being done on the safety zone around the school.
Suggestions included looking at the intersections of Wattaquadock Hill Road, Manor Road and Mechanic Street and possibly banning left turns onto Wattaquadock Hill Road during key times when traffic tends to back up will be considered. This will help businesses, such as Paragon, that have been effected by the bottleneck on Route 117. Mr. Lowe is in the process of scheduling a meeting with the Department of Transportation to discuss the traffic situation on Route 117.
STONE WALL, 225 MAIN STREET
Ms. Sunan Warr submitted a revised plan for the proposed wall in front of her home at 225 Main Street. The wall would consist of an eight foot high brick column every eight feet with a six foot high wooden fence between the columns.
DPW Director Joe Lynch provided an outline of his investigation and opinion related to the request for the wall within the right-of-way. The right-of-way along the frontage at 225 Main Street varies from nearly 100 feet to 70 feet at the eastern property limit. The parallel layout of the right-of-way is intended to be 70 feet. If the Board of Selectmen were to consider the proposal Mr. Lynch recommended that if the proposal is accepted a clearly documented hold harmless agreement should be set in place that indemnifies the Town of any and all liability.
Mr. Keep was concerned with the motorist’s line of sight being obstructed by the wall and didn’t think that the Board of Selectmen should be approving permanent structures on a right-of-way. Police Chief Nelson also expressed his concern with the visibility from the driveway on each side of 225 Main Street.
Mr. Lynch will flag the right-of-way so that the homeowner can attempt to place the wall on their own property which would then alleviate the need to obtain permission from the Board of Selectmen.
FULL-TIME OFFICER PROPOSAL
Police Chief Nelson stated that he has been trying to fill an open full-time entry level police officer position since 2017 with unforeseen and unprecedented difficulty. The Department currently has four Reserve Officers working for us that have shown interest in being sponsored for a full-time basic police officer academy, and two of them have fulfilled the requirements to qualify for the temporary waiver needed from the Municipal Police Training Committee (MPTC). Police Chief Nelson proposed that one of the current Reserve Officers be offered a full time officer position and the Department sponsor them to the full-time basic police officer academy.
Going to reserve officers to see if anyone come on full time, hire them, get a waiver, and for 270 days can use until they get into an academy. The cost is approximately $30,000 for the Police Academy and payroll. Police Chief Nelson stated that his current budget could sustain the expenses to pay for the officer’s salary while in the academy as well as back filling the open position.
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the proposal as outlined by Police Chief Nelson. (Keep – yes, Wysocki – yes, Czekanski – yes)
SURPLUS VEHICLES AND EQUIPMENT
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the transfer of a surplus fire tanker truck from the Fire Department to the Department of Public Works (DPW). (Keep – yes, Wysocki – yes, Czekanski - yes)
Joe Lynch, DPW Director requested permission to auction two vehicles that are no longer operable and are of no use to the Department of Public Works. (2005 Ford F350 light duty dump truck and 2003 Ford Crown Vic) On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the request. (Keep – yes, Wysocki – yes, Czekanski - yes)
Mr. Lowe stated that this is the first Board of Selectmen’s meeting that Mr. Lynch has attended since he was hired and wanted to publically say that he is off to a great start and has proved to be an excellent hire.
TOWN ADMINISTRATOR REPORT
Update on Minuteman: Mr. Lowe reported that the excavation and blasting work is underway and the footings and foundation will be installed next. Ninety-percent of the construction document has been submitted to the Massachusetts School Building Authority. Mr. Lowe is pleased with the progress and doesn’t see any reason why the building can’t be occupied in September 2019.
BOARD OF SELECTMEN BUSINESS
Appointment: On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to appoint Mr. David Calcagni to the Conservation Commission. (Keep – yes, Wysocki – yes, Czekanski - yes)
Town Common: On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to move forward with the closing for the Town Common on December 1, 2017 and authorized Town Counsel to act as our agent. (Keep – yes, Wysocki – yes, Czekanski – yes)
Memorandum of Understand (MOU) for the School Resource Officer: Mr. Lowe reported that the School Committee felt the original MOU was sufficient as is and declined to add any edits to address Mr. Keep’s concerns. On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the MOU. (Keep – yes, Wysocki – yes, Czekanski – yes)
2017 State Election – December 5, 2017: On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to execute the warrant for the 2017 State Election on December 5, 2017. (Keep – yes, Wysocki – yes, Czekanski – yes)
2015 Paris Climate Accord Non-Binding Resolution: The Board of Selectmen tabled a non-binding resolution received by concerned residents and taxpayers of Bolton proposing that the Town of Bolton join more than 350 cities and towns throughout the country that support the terms of the 2015 Paris Climate Accord.
Board of Selectmen’s Schedule: The Board of Selectmen’s meeting schedule proposed for 2018 is January 4 & 18, February 8 & 22, March 8 & 22, April 5 & 19, and May 3, 2018. The Board will defer final approval of the dates at the next meeting.
Bills/Payroll Warrants: On a motion made by Wysocki and seconded by Keep, the Board of Selectmen approved the bills and payroll warrants for W18-09 and W18-09A, and W18-10 and W18-10A. (Keep – yes, Wysocki – yes, Czekanski – yes)
Minutes: On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the regular session minutes of M arch 16, May 25, June 15, July 18, August 31, September 14, October 17, 2017 and executive session minutes of May 25, August 31, and September 14, 2017. (Keep – yes, Wysocki – yes, Czekanski – abstained)
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted 3-0 by roll call (Keep – yes, Wysocki – yes, Czekanski – yes) to enter into executive session at 9:18 p.m., pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)6 to consider the purchase of Camp Virginia, as the Chair finds that an open meeting may have a detrimental effect on the negotiating position of the public body. The Board will reconvene to open session.
CAMP VIRGINIA UPDATE
Mr. Lowe reported that he made an initial offer of $800,000 for the purchase of Camp Virginia and was told by Mr. Freudenheim, Realtor that he would bring the offer back to his client but that it would be rejected. Mr. Freudenheim also stated that the citizen’s petition to purchase the property for the amount of $1,050,000 would need to be higher to get the job done. During discussion with Mr. Freudenheim, Mr. Lowe was surprised to find out the purchase of Camp Virginia would be for the 50 acres minus the two house lots and cell tower. It was apparent that we couldn’t achieve a deal before town meeting because the amount in the article wasn’t sufficient and couldn’t be changed prior to town meeting, although the tradition has been not to adjust a spending article upward.
Mr. Lowe will contact Mr. Freudenheim to inform him that we will go forward with the Special Town Meeting
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted 3-0 by roll call (Keep – yes, Wysocki – yes, Czekanski - yes) to enter into executive session at 10:06 p.m., pursuant to Massachusetts General Laws, Chapter 30A, 21(a)3 to discuss strategy with respect to collective bargaining for the Police Union, as the Chair finds that an open meeting may have a detrimental effect on the Board’s bargaining position. The Board will not reconvene to open session.
Respectfully submitted by Linda L. Day