Board of Selectmen Minutes
Meeting date:
Thursday, April 15, 2010
Board of Selectmen Present: Kenneth F. Troup
April 15, 2010 Stanley Wysocki
Curtis Plante
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
POLE HEARING
Mr. Schneider of Verizon New England, Inc. reported that they have re-engineered the job to eliminate pole 14-1X and will use a push brace pole on pole #14. The push brace will be located on private property and the landowner at pole #14 has granted the utility companies an easement to perform the work.
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to close the continued pole hearing from Thursday, April 1 for the petition of Verizon New England Inc. and Massachusetts Electric Company to install two new JO stub poles on Old Bay Road. (Troup – yes, Plante – yes, Wysocki – yes)
AGRICULTURAL COMMISSION – SIGN REQUEST
Ms. Storbeck met with the Board of Selectmen to review the final design for the “Right to Farm” community signs. The size of the signs will be 24 x 30 inches and will represent Bolton agriculture with a display of apples and farm animals. They will be ordering six signs with the first two being placed at each end of the entrance of town. They are considering the location of the other signs. On a motion made by Wysocki and seconded by Plante, the Board of Selectmen approved the signs. (Troup – yes, Wysocki – yes, Plante – yes)
FLOODING ON NASHAWAY ROAD AND VAUGHN HILL ROAD
Residents of Nashaway Road and Vaughn Hill Road met with the Board of Selectmen to discuss the current situation regarding storm water runoff and flooding in the area of Nashaway Road and Vaughn Hill Road.
Mr. Ronald Evans of 134 Vaughn Hill Road stated that in 1999 when several drains were connected in a series it created a water problem. Mr. Evans provided plans and pictures showing the area and the runoff over the years. Pictures included severe damage to Mr. Bedard’s driveway, flooding in the area of Mr. Evan’s septic system and flooding of the McCarthy’s yard including the well head.
Mr. McCarthy of 125 Nashaway Road thanked Mr. Lowe for his attention to this matter and the Department of Public Works for assistance with pumping and removing the water from the adjacent field. He provided a history of minutes from 2004 to 2010 concerning the Nashaway Road and Vaughn Hill Road flooding issues. Mr. McCarthy stated that connecting the drains without an engineering study has raised the water table. He submitted a plan to the Board of Health that showed his septic system is under water. Mr. McCarthy stated that he did not want to face another rainy season with a problem like this and encouraged the Board of Selectmen to fix the problem with help from an engineer.
Mr. Brown stated that the drainage system is in three sections – an upper, middle and lower section. He explained that since 1972 various drain installations have taken place.
Mr. Chris Slade reported that the Board of Health was made aware of the problem and recommended that their drinking water be tested. Mr. Brookings, Sanitarian for the Town of Bolton, will be available to do the testing. The Board of Selectmen agreed to pay for the testing provided that doing so was not an admission of guilt or liability. Mr. Lowe will contact Town Counsel for their opinion before Mr. Brookings is asked to proceed with the testing.
Mr. Troup stated that if the town is going to spend money on the study he would like to have an indication of cooperation of the homeowners if, for instance, an easement was needed from the residents. Residents were not willing to approve such an easement prior to review of the study.
Mr. Lowe stated that he walked Mr. McCarthy’s property with an engineer and Bolton could be eligible for some grant money. He suggested that a study be done and paid for out of the Department of Public Works FY10 budget. Then going forward we will know what the next steps are for FY11.
Mr. Lowe stated that this type of work does not have to go out to bid and will prepare the scope of work for the study. Mr. Lowe believes that a conceptual study could be done for less than $10,000.
Mr. Martin asked if he could sand bag the cistern area near his property to keep the water off of his property. Mr. Brown will work with Mr. Martin on this suggestion.
SOFTBALL PITCHING/BATTING CAGE PROPOSAL
Mr. Christopher Parker met with the Board of Selectmen to request permission to install a pitching and batting cage for softball at the Memorial field. The batting cage will be 55 feet long, 12 feet wide. The cost of the batting cage is approximately $4,800 and will be paid for by the League and donations received. On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the installation of the pitching and batting cage. (Troup – yes, Plante – yes, Wysocki – yes)
BEETLE BUG III, 492 SOUTH BOLTON ROAD
Mr. Trombetta met with the Board of Selectmen to discuss his property located at 492 South Bolton Road. The Bolton Board of Selectmen has issued a Class II license to Beetle Bug III & T&T Towing, 492 South Bolton Road, MA and 333 Central Street, Hudson, MA. Mr. Trombetta’s residence is located at 492 South Bolton Road. The Town of Hudson also issues a Class II license to T&T Towing at 333 Central Street, Hudson.
The Board of Selectmen conducted a site visit of the property during March. The Board of Selectmen reviewed plans of the residential property with Mr. Trombetta. Mr. Trombetta stated he is committed to do a full-fledged clean up of the property and all vehicles will be moved to the back of the trailer if they are not being removed from the property. He noted he has already removed approximately 16 cars from the property and will be removing another 15 cars in the near future.
Mr. Trombetta was informed of the zoning bylaws related to unregistered motor vehicles not being stored in the Town.
Mr. Plante stated it was his opinion that Mr. Trombetta has showed a good faith effort in cleaning up the property.
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to grant Mr. Trombetta 90 days to clean up the residents at 492 South Bolton Road to come into compliance with the zoning bylaws. (Troup – yes, Plante – yes, Wysocki – yes)
TOWN ADMINISTRATOR REPORT
Space Needs Committee: Mr. Lowe reported that Michelle Tuck has resigned from the Space Needs Committee and recommended that Christopher Tuck be appointed. On a motion made by Plante and seconded by Wysocki, the Board of Selectmen accepted the resignation of Ms. Tuck and appointed Mr. Tuck to the Space Needs Committee.
Economic Development Committee: Mr. Lowe reported that Mr. Weadock, Mr. Grenier and Ms. Rupich have resigned from the Economic Development Committee. The Economic Development Committee recommended that Dina Mazzola be appointed to the Committee. On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to appoint Ms. Mazzola, term expiration June 30, 2013. (Troup – yes, Wysocki –yes, Plante – yes) There are two remaining vacancies on the Economic Development Committee; a notice for volunteers to serve on the Committee will be placed in the Bolton Common.
Police Lieutenant Position: Lt. Nelson was present. Mr. Lowe reported that Lt. Nelson is the only officer who does not have a contract or belong to a bargaining unit. He is truly an employee at will. In 2005 the Board of Selectmen agreed to a specific set of benefits for the position held by Lieutenant Warren Nelson. This agreement does not include any “termination for cause” language.
Mr. Lowe recommended that the 2005 side letter agreed to be superseded with the following letter. Chief Alfano is in full support of this recommendation.
1) The Lieutenant shall receive the same personal days, bereavement days, holiday pay, longevity pay, educational pay, uniform allowance, health and life insurance, stipends, and all other benefits as do any of the regular police officers of any rank in the Town.
2) It is agreed that the Lieutenant may be disciplined or discharged (which term includes non-reappointment) only for just cause, including incompetence and unsatisfactory job performance as determined by an evaluation as required above.~ Discipline or discharge may occur only upon proper notice and only after a hearing at which the Lieutenant shall have the right to be represented by counsel.~ The Lieutenant may have the option of choosing whether or not any such hearing shall be closed to the public or held as an open hearing.
3) 5% stipend for “officer in charge” status during the absence of a chief. Stipend only for actual time worked and not during training or vacation.
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the recommendation. Mr. Lowe will prepare the letter for signature by Lt. Nelson and Mr. Lowe on behalf of the town of Bolton. The letter will be placed in Lt. Nelson’s employment file. (Troup – yes, Plante – yes, Wysocki – yes)
FEMA: Mr. Lowe reported that both the Fire Department and the DPW are tracking costs associated with the flooding as a result of the rain. The Fire Department has registered with FEMA and Mr. Brown is in the process of doing the same. The Board suggested that the FEMA information be forwarded to the residents of Vaughn Hill and Nashaway Roads.
BOARD OF SELECTMEN BUSINESS
Senior Appreciation Month: Ms. Abdalian requested that the Board of Selectmen proclaim the month of May as “Senior Appreciation Month”. On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to proclaim the month of May as “Senior Appreciation Month”. (Troup – yes, Wysocki –yes, Plante – yes)
Tri-Town Meeting: Mr. Troup stated that Stow officials are interested in the possibility of Stow residents using Bolton’s transfer station. This could generate some revenue to offset the operating costs for the transfer station. Mr. Lowe will talk to Ms. O’Toole about putting together a feasibility study and report back to the Board of Selectmen. Stow is also considering a proposal to upgrade their town kennel which Bolton uses.
Performance Evaluation: Mr. Troup reported that Mr. Lowe, Town Administrator has been with the Town of Bolton for 13 months and the Selectmen all agreed that he has done a great job his first year.
Mr. Troup stated that each board member filled out the performance evaluation independently. In all cases the rating was 4, 4-1/2 or 5 on a 5 point scale. Each member wrote various comments, with the overall comment that Mr. Lowe hit the ground running, exceeded expectations, and did an admirable job the first year. It is clear from the ratings that he has fit in, became very rapidly a key part of the team, and is respected by everybody. The Board looks forward to the many years of service and outstanding performance from him. Mr. Lowe stated that he has enjoyed working in Bolton and is truly honored to be the Town Administrator for the Town of Bolton. He has been delighted with the reception he has received from the board, townspeople, and the staff.
Community Access Preservation Act: On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to authorize Mr. Lowe to send a letter of support for the Community Access Preservation Act, HR 3745 that addresses immediate and significant issues which threaten the survival of PEG channels. (Troup – yes, Plante – yes, Wysocki – yes)
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted 3-0 by roll call (Troup – yes, Wysocki – yes, Plante - yes) to enter into executive session under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) at 9:05 p.m. to discuss strategy with respect to collective bargaining. The Board announced it would not reconvene to open session.
Respectfully submitted by Linda L. Day