Board of Selectmen Minutes
Meeting date:
Thursday, June 26, 2014
Board of Selectmen Present: Lawrence Delaney
June 26, 2014 Mark Sprague
Stanley Wysocki
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen’s meeting was held at the Florence Sawyer School Auditorium and called to order by Chairman Delaney at 7:00 p.m.
TENNESSEE GAS PIPELINE
Representatives from Kinder Morgan gave a presentation on the proposed Northeast Energy Direct extension of the Tennessee Gas Pipeline. Representatives in attendance were: Allen Fore, Director Public Affairs Kinder Morgan; Mark Hamarich, Project Manager Kinder Morgan; Mike Lennon, Land Manager Kinder Morgan; Jim Hartman, Land Manager Kinder Morgan; Howdy McCracken, Environmental Manager Kinder Morgan and Rick Charbonnier, Public Affairs Hickey & Associates. A copy of the power point presentation can be found on the Town of Bolton’s website at www.townofbolton.com.
The presentation was followed by a question and answer period where the Board of Selectmen posed questions (see attached) that were solicited and received from Bolton residents. Bolton residents were also given the opportunity to ask additional questions.
ANNUAL APPOINTMENTS
On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to make the following appointments. (Delaney – yes, Sprague – yes, Wysocki – yes)
Affordable Housing Partnership Trustees - Mark Duggan, term expiration 06/30/2017
Agricultural Commission – Robyn Roberts, term expiration 06/30/2017
Ambulance Director - Margaret Diaz, term expiration 06/30/2015
Animal Control Officer - Susan Latham, term expiration 06/30/2015
Assistant Animal Control Officer - Phyllis Tower, term expiration 06/30/2015
Board of Appeals - Andy Kischitz, term expiration 06/30/2019
Board of Appeals Associate - Jack Sargent, term expiration 06/30/2016
Building Official - Michael Sauvageau, term expiration 06/30/2015
Capital Planning Committee - David A. Yesue, Michael Gorr, term expiration 06/30/2017
Conservation Commission - James Stone, Janet Pesaturo, term expiration 06/30/2017
Council on Aging - Barbara Brown, Shirley Sefton, Emma Herbison, Margaret Nangle, Brooke James, term expiration 06/30/2017
Emergency Management Co-Directors - Vincent Alfano, John Mentzer term expiration 06/30/2015
Fire Chief and Forest Warden - John Mentzer, Term expiration 06/30/2015
Historical Commission – Martha Remington, term expiration 06/30/2017
Assistant Building Inspector - David Drugge, term expiration 06/30/2015
Assistant Wiring Inspector - Peter Casello, term expiration 06/30/2015
Wiring Inspector - James Boodry, term expiration 06/30/2015
Insurance Advisory Committee - Jonathan Couture, Berry, Barbara Brown, Donna Madden, Ninotchka Rogers, term expiration 06/30/2015
Mart Advisory Board - Kenneth Troup, term expiration 06/30/2015
Minuteman Advisory Group of Interlocal - Lowe, term expiration 06/30/2015
Public Ways Safety Committee - Leslie Breeze, term expiration 06/30/2017
Board of Registrars - Susan Miles, term expiration 06/30/2017
Tree Warden - Mark Caisse, term expiration 06/30/2015
Veterans Agent - James Cabral, term expiration 06/30/2015
Wheat Rep - Brooke James, term expiration 06/30/2015
On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to approve the following end of year transfers. (Delaney- yes, Sprague – yes, Wysocki – yes)
Assessors – Account 141-5200 P&S to Account 141-5102 Stipend - $1,000
Police – Account 210-5133 police wages to Account 210-5580 uniform expense - $4,450
Police – Account 299-5400 supplies to Account 210-5480 gasoline - $1,000
Ambulance – Account 231-5112 wages EMT call/training to Account 231-5202 Coastal Medical Billing -
$ 500.00
Ambulance – Account 231-5112 wages EMT call/training to Account 231-5486 Diesel - $700
Ambulance – Account 231-5112 wages EMT call/training to Account 231-5201 ALS Services - $6,845.00
Transfer Station – Account 433-5137 Wages to Account 433-5487 Maintenance - $9,500.00
Recreation – Account 630-5200 P&S to Account 630-5113 wages- $4,000.00
Recreation – Account 630-5200 P&S to Account 650-5200 P&S - $1,500.00
Selectmen to Wiring – Account 122-5200 P&S to Account 244-5200 P&S - $362.39
On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to adjourn at 9:20 p.m. (Delaney – yes, Sprague – yes, Wysocki – yes)
Respectfully submitted by Linda L. Day
Questions for Tennessee Gas Pipeline Company LLC (“TGP”)/Kinder Morgan for Bolton Selectmen Meeting on June 26, 2014
Background on Existing Gas Pipelines in Bolton
1. Explain the history and current use of the existing pipeline through Bolton as well as the Clinton lateral.
2. When was current pipeline installed and have there been any upgrades since then?
3. What is the diameter, material and maximum allowable operating pressure of the existing pipe?
4. What is the capacity of the existing pipeline in Dekatherms per day?
5. How wide are the easements for the current pipeline?
6. Are herbicides currently being used by TGP on its easements in Bolton and do landowners have the ability to opt out of herbicide use?
7. Does the gas currently being transported have an odor?
8. What methods are used to detect gas leaks and how frequently is the pipeline surveyed for leaks?
9. Does TGP have any plans to expand the capacity of the existing pipeline by upgrading the line or adding an additional line within the easement?
Proposed Worcester Lateral Route
10. Why is the Worcester Lateral part of the planned expansion?
11. What is the terminus/customer?
12. How was route determined and what alternatives were considered?
13. Were extensions of the existing Clinton Lateral or the Grafton Lateral considered?
14. Why can’t TGP use the 495/290 or 190 corridors or existing easements for railroads or electric transmission lines?
15. If the Dracut pipeline (Massachusetts Mainline) does not go forward, would Worcester Lateral still be considered?
16. Is approval of the Fitchburg Lateral, connecting the existing pipeline to the Mainline, also necessary for the Worcester Lateral to go forward?
17. Will TGP share GIS route information with the Town of Bolton?
Proposed Pipeline Details
18. What is the diameter, material and maximum allowable operating pressure of the proposed pipeline?
19. What will be the capacity of the proposed pipeline in Dekatherms per day?
20. Will the proposed pipeline be capable of transporting anything other than natural gas?
21. How wide a (a) permanent easement and (b) temporary construction easement will TGP be seeking for the proposed pipeline?
22. How deep will the proposed pipeline be (a) in normal soils; (b) in ledge; (c) in farmland; and (d) under roads?
23. What class, design factor and design stress levels (as % of specified minimum yield strength) will be used for the cross country portions of the Worcester lateral?
24. Will there be any compressor stations or other above-ground structures on the Worcester Lateral?
25. Will there be any meter stations, pigging stations, pressure regulating valves, relief valves or emergency shutdown valves in located in Bolton?
26. What offsets from the pipeline and easement are required to both existing and future wells and septic systems?
Pipeline Survey Issues
27. TGP has sought access to properties to perform multiple surveys. Is it willing to negotiate separate survey access agreements with each landowner?
28. Will landowners have the opportunity to influence the potential pipeline route during the survey process?
29. Will landowners have access to the results of all TGP surveys performed on their properties?
30. Will civil surveys performed by TGP show the location of all wells within 300’ of the pipeline route?
31. A number of Bolton properties on the proposed pipeline route have agricultural preservation or conservation restrictions. The proposed surveys – particularly geotechnical surveys – are inconsistent with current restrictions on those properties. Isn’t the consent of the restriction holder as well as the landowner required for surveys on those properties?
32. One survey requested is of rare, threatened or endangered species. If such species are identified what are the consequences for the pipeline route?
33. If a landowner is only willing to permit a civil survey at this time would that be acceptable to TGP?
34. Explain the procedure at the Department of Public Utilities (“DPU”) that TGP will use if it is unable to reach agreements with landowners regarding surveys.
35. An attorney for the Mount Grace Land Trust contends the DPU may order civil surveys but not activities that require cutting of brush or removal of borings. What is TGP’s position?
36. Mount Grace Land Trust also contends that until a “certificate of public convenience and necessity” is obtained TGP has no exemption from local wetlands regulations and therefore survey work in those areas that will involve the cutting of trees or brush or excavations and boring will require an NOI and Order of Conditions. What is TGP’s position?
Pipeline Approval Process
37. Will the Worcester Lateral be its own filing at the Federal Energy Regulatory Commission (“FERC”) or part of larger submission?
38. Has TGP filed a request with the Federal Energy Regulatory Commission to use FERC’s pre-filing procedures for this project?
39. When and where can the public expect FERC “Open Houses” and “Scoping Meetings” on the Worcester Lateral to take place?
40. What factors is TGP going to cite to establish that the public convenience and necessity is served by the Worcester Lateral in particular?
41. Does FERC rule on environmental issues raised during process?
42. If TGP obtains a Certificate from FERC for the Worcester Lateral will any local approvals (from Bolton’s Planning Board, Conservation Commission or Board of Health) still be required before construction begins?
Compensation to Landowners for Easements
43. What easement rights will TGP be seeking from landowners and what landowner activities will be limited within those easements?
44. Describe the process for reaching agreements with landowners for permanent easement rights and construction easements.
45. Are the terms of easements and property access standard or negotiable for each landowner?
46. Is there a standard compensation formula or does compensation from TGP vary depending on the unique characteristics of each property crossed?
47. If property becomes unbuildable because of pipeline location, will landowners be compensated for the loss in value?
48. If farmer loses crops, or livestock, will there be compensation?
49. If the presence of the pipeline causes a mortgage default or increased insurance rates will the landowner be compensated?
50. If no agreement is reached with the landowner, describe the judicial process by which a taking or condemnation occurs and how the landowner is compensated in that situation.
51. How can abutters and others who are harmed by the presence of the pipeline (but are not landowners) be compensated by TGP?
Construction Issues
52. Explain how the construction process will work and how long it will take in Bolton?
53. If TGP does any blasting will any potential damage to nearby wells and basements be documented and will full compensation be provided in the event damage occurs? Can blasting be avoided with use of jack hammers or other manual methods?
54. Will directional drilling be considered for pipeline installation?
55. How will landowners and neighbors be compensated for damage from construction activities?
56. Large quantities of water are apparently used for pipeline testing. Where will that water be obtained from and how will disposal occur?
57. Post construction how will introduction of invasive species and erosion be avoided?
Potential Costs and Benefits to Bolton
58. To the extent that the value of the properties along the pipeline route decreases, Bolton will lose tax revenue. Individual landowners may be compensated but how does TGP propose compensating the Town for that loss of revenue?
59. The existing pipeline is assessed at approximately $1.4M. Assuming an equal valuation for the proposed Worcester Lateral, taxes paid by TGP will be minimal compared to the Town resources that will be involved over the next four years. Will TGP consider making additional payments in lieu of taxes to Bolton?
60. Could Bolton receive natural gas service from the proposed pipeline and if not, why isn’t an “open access pipeline” being proposed?
61. Can preference be given to local residents for pipeline construction work?
62. In the event of a pipeline-related emergency will TGP cover costs incurred by the Town and its residents?