Advisory Committee
April 1, 2008
Present:
David Lindsay
Burt Shnitzler
Stan Wysocki
Randy Dinjian
Robert Czekanski
Graham Slieker
The Advisory Committee met at the Town Hall at 7:00 p.m.
BOARD OF ASSESSORS
Present: Jeff Nichols
Mr. Nichols reported that an assessment of Ms. Bradbury’s position was done by Michele Ciccolo who recommended a grade upgrade from Grade 5 to Grade 6 starting July 1, 2008. The cost of this upgrade will be $732.00 for FY09. Three years ago the department went from a chief assessor to a contracted assessor. Ms. Bradbury has taken on more and has almost completing her MMA approvals.
It was noted that the switch from the chief assessor to the contracted assessor saved approximately $13,000.
Ms. Ross stated that three years ago the Assessors met with the Personnel Committee to request a grade increase and they felt at the time it did not merit a grade increase. Since then, Ms. Bradbury has brought the job to another level, including taking various training courses, and therefore the recommendation is warranted.
Advisory Committee members were not pleased with this request on the evening of closing the budget. Ms. Ross explained that this was a result of an organization study just completed and the request that the position be reevaluated. Mr. Nichols stated he understood the Committee’s concern that the timing was not good.
On a motion made by Czekanski and seconded by Wysocki, the Advisory Committee voted unanimously to approve the upgrade.
BUDGET APPROVAL
Summary of changes to the budget since last meeting: Ms. Ross stated that the only changes to the budget include a decrease in town administrator’s wages line item by $4,137 for the EMT wages. There are 6 EMT’s budgeted in DPW’s and we plan to use some of the EMT’s from the DPW. Actual figures for the bonding were included.
ARTICLE REVIEW
Article 4: Fiscal Year 2009 Operating Budget
To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $17,895,026 (Seventeen million, eight hundred ninety-five thousand, twenty-six dollars) or any other amount, as set forth in the budget for the purposes of operating and maintaining the various departments of the Town, and to meet such appropriation:
a. The sum of $90,000 (Ninety thousand dollars) from the Cell Tower Fund;
b. The sum of $100,000 (One hundred thousand dollars) from the Ambulance Receipts Reserved for Appropriation to be applied to the Ambulance Department budget;
c. The sum of $90,000 (Ninety thousand dollars) from the Overlay Reserve Account;
d. The sum of $566,651 (Five hundred sixty-six thousand, six hundred fifty-one dollars) or any other amount, to be transferred from Free Cash;
e. The sum of $17,048,375 (Seventeen million forty-eight thousand three hundred seventy-five dollars) to be raised by taxation; or do or act relating thereto.
On a motion made by Wysocki and seconded by Shnitzler, the Advisory Committee voted unanimously approve this article as amended to include the wages for the Assessor’s Administrative Assistant.
Article 6: Tax Title Transfer
To see if the Town will vote to authorize the Board of Selectmen to transfer to the Bolton Conservation Commission pursuant to Massachusetts General Laws, Chapter 40, Section 8C, the care, custody, management and control of a certain parcel of land of the Town containing 5.0 acres of land more or less located in the Pine Hill section of the Town of Bolton, being shown as Parcel 1 on Assessors Map 8A, and further referenced in the Corrected Judgment in Tax Lien Case recorded in the Worcester County Registry of Deeds in Book 42420, Page 357; or do or act relating thereto.
Mr. Slieker asked if any research has been done to determine if this is a super fund site. Mr. Czekanksi stated he spoke with Mr. Balco who has walked the property. There are no remnants of structures or vehicles. It has been in tax court in an action which started 20 years ago. Mr. Troup stated it is his impression it is an estate situation where it took many years to get all parties to sign off on the tax title. Ms. Ross stated that an environmental test has not been done on this property. Mr. Slieker suggested that this be considered as a parameter in a property tax title taking part of the process in the future. The parcel may be used as conservation land; the Conservation administrator will walk it after the snow has melted.
On a motion made by Shnitzler and seconded by Wysocki, the Advisory Committee voted unanimously to approve this article.
Article 7: Amend the Personnel Bylaw
To see if the Town will vote to amend the Personnel Bylaw of the Town of Bolton, by deleting the bylaw in its entirety and replacing it with a revised Personnel Bylaw.
Ms. Ross stated that she ran the suggested changes by counsel regarding the last paragraph of fringe benefits 1.14.12 related to the department head level and the Board of Selectmen having the authority to consider “prior municipal employment” when establishing vacation time. Counsel strongly suggested not using this language as an employee could come back to the town to say the town owes them this time. Both the Advisory Committee and Board of Selectmen agreed to add the word “relevant” so that the sentence reads as follows: “At the Department Head level, the Board of Selectmen shall have the authority to consider prior relevant employment when establishing vacation time”.
On a motion made by Shnitzler and seconded by Wysocki, the Advisory Committee voted unanimously to approve this article.
Article 9: Home Rule Bylaw Regarding Holdover Status for Elected Officials Other Than Members of the Board of Selectmen
To see if the Town will vote~to adopt a bylaw pursuant to the Home Rule Amendment amending Article 1.0 (Administrative Bylaws), Section 1.1 (General Provisions), by adding Subsection 1.1.6, Providing Holdover Status for Elected Officials Other Than Members of the Board of Selectmen.
Ms. Ross stated that right now Ms. Child, the Tax Collector, has closed on her house in Clinton, and the town has no way to allow her to continue once she moves out of town. This home rule will allow Ms. Child to stay on until the Board of Selectmen appoints someone to finish her term. This also allows any “elected official” such as a member of the Board of Selectmen to continue to serve until a successor is found.
If we do not do this, once she moves, she is out of a job in Bolton. She hoped she could continue her term until 2009. When the position is vacated by the present Tax Collector, the Board of Selectmen will appoint someone to finish her term as a temporary appointment to May of 2009.
On a motion made by Wysocki and seconded by Czekanski, the Advisory Committee voted unanimously to approve this article with the amendment to limit the flexibility of staying on board for no more than 90 days after moving and excluding the Board of Selectmen. The summary will be revised to address this is for all elected officials except for the Board of Selectmen.
Article 11: Amendment to the Zoning Bylaws, Section 2.5.7 Wireless Communication Bylaw
To see if the Town will vote to amend Section 2.5.7 of the Town of Bolton Zoning Bylaws Wireless Communication Bylaw.
The question was raised as to what prevents anyone from putting a cell tower on their property. Mr. Troup stated that it is only allowed in a residential area if it is an agricultural situation, with acreage restrictions and set backs. The overlay district is the only legal way to allow a cell tower in a residential zone.
On a motion made by Wysocki and seconded by Slieker, the Advisory Committee voted unanimously to approve this article.
Article 15: Transfer of Borrowed Funds to Construct a Sewer Force Main
To see if the Town will vote to appropriate the sum of $290,000 (Two hundred ninety thousand dollars) for the purpose of constructing a sewer force main for municipal purposes only from the sites of the Bolton library and fire station (or proposed public safety center), or any other municipal buildings, to the wastewater treatment plant located behind the Emerson and Florence Sawyer Schools, including engineering and preliminary expenses, and any other associated costs; that to meet this appropriation, $290,000 (Two hundred ninety thousand dollars) shall be transferred from unexpended proceeds of the town’s Sewer Bonds dated June 15, 2007, which bonds were issued for the construction of a wastewater treatment plant pursuant to the vote of the town passed May 1, 2006 (Article 8); and that the Board of Selectmen
is authorized to take any other action necessary to carry out this project; provided, however that no expenditures shall be made hereunder until the Board of Selectmen determines (which determination shall be conclusive) that after the transfer of such unexpended bond proceeds, the remaining amount of unexpended bond proceeds from the town’s Sewer Bonds dated June 15, 2007 is sufficient to complete the wastewater treatment plant project referred to above; or do or act relating thereto.
On a motion made by Wysocki and seconded by Czekanski, the Advisory Committee voted unanimously to approve this article.
Article 16: Authorizing the Town to Construct a Sewer Force Main in Certain Park Land
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact the following special legislation for the Town of Bolton to authorize the Town of Bolton to construct a sewer force main in certain park land.
Mr. Shnitzler reported that there was a proposal to see if a force main could be constructed for the public safety center and the library to be connected to the soon-to-be wastewater treatment plant. The Town contracted for preliminary studies, and 4 proposals regarding the route were received that ranged from $350-$400,000. At the Wastewater Treatment Plant Committee meeting this morning, the engineer stated that these are the maximum costs for the 4 routes. They anticipated construction bids would come in at $200-$250,000. Options included putting a joint septic system on site for $100,000-$120,000, or hook up to the Wastewater Treatment Plant. At the estimated $350,000-$400,000, it seems much cheaper to do a joint septic. But, if construction costs would come in at
$200,000-$250,000, by running the route along the street or the Memorial field, there is the possibility of hooking up the Houghton Building or Town Hall if needed in the future.
To hook up to the wastewater treatment plant, instead of having individual septic systems, makes the design easier for the library and the Houghton building. The other point is a bigger well distance may be required if we were to go with a joint septic system.
The hope is that the construction costs come in at $200,000-$250,000. The plan is that it is hoped the cost can be amended down on town meeting floor.
Mr. Plante stated that the force main running from the two facilities was supposed to be around $100,000 based upon a simple design. He was surprised with the information he just heard. There are a lot of problems when you run a public sewer by someone’s home and the possibility exists of residents wanting to hook into it. His concern is where do you draw the line regarding use. If someone wanted to file a lawsuit, he was not sure that a court of law would allow the municipality to prevent the residents from hooking up to it. This opens up a huge can of worms as to what goes on at the Smith property when it sells. It was his understanding and thoughts that whatever flow came from the public safety center would be proportional to the cost of the wastewater treatment plant. We
are paying 25% of the operational costs now. He is concerned about the costs the Town will be paying for the operation of the treatment plant.
Mr. Plante stated he believes it can be designed to have a joint septic system for both facilities.
Ms. Ross stated that there would only be approximately 14,000 gallons per day left after the use of the school, public safety center and the library. Town Counsel stated that if it is a municipal plant, you do not have to allow residents to hook up, and if you do, you can charge betterments.
On a motion made by Shnitzler and seconded by Czekanski, the Advisory Committee voted unanimously to approve this article.
ADVISORY COMMITTEE STATEMENT
The Advisory Committee reviewed the draft Advisory Committee statement for the Annual Town Meeting warrant for May 5, 2008. Mr. Lindsay will make suggested revisions.
On a motion made by Czekanski and seconded by Dinjian, the Advisory Committee voted unanimously to allow Lindsay, Shnitzler, Wysocki to make any minor changes to the Advisory Committee statement and to the budget prior to the closing of the warrant.
On a motion made by Czekanski and seconded by Shnitzler, the Advisory Committee voted unanimously to adjourn at 9:00 p.m.
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