Board of Selectmen Minutes
Meeting date:
Thursday, December 4, 2008
Board of Selectmen Present: Curtis Plante
December 4, 2008 Kenneth F. Troup
Stanley Wysocki
Michelle Ciccolo, Interim Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
UPDATE ON STATUS OF TOWN ADMINISTRATOR SEARCH
Present: James Anker, Panny Gerken, Vin Alfano, David Lindsay, Bob Minardi, Linda Day
The Board of Selectmen at a previous meeting voted unanimously to appoint Mr. Michael Hale as the Town Administrator. Mr. Plante reported that Michael Hale did not accept the position with the Town of Bolton as he had accepted a counteroffer with his current employer. Ms. Ciccolo stated that when the position was offered to Mr. Hale, Ms. Wennerstrom and other candidates were notified of the final selection and she has not had any further discussions with them. Ms. Ciccolo stated that she is aware of other possible candidates but that they had not yet officially applied. It is possible that the Town Administrator Search Committee can meet as soon as Monday evening to consider exploring other candidates, and if there are candidates from the past pool they would like to re-consider. Mr. Wysocki recommended that the Committee look at additional candidates and recommended that we advertise again. Ms. Ciccolo stated that the deadline for the Beacon was December 15, 2008. The ad could run again without an end date which would make everyone aware that the search is still open. Mr. Anker stated that it would be helpful if they had a sense from the Board of Selectmen as to the type of candidate they were looking for. It was Mr. Wysocki’s preference that the individual be able to hit the ground running, while Mr. Troup stated that a good fit with the town was the most important criteriacriterion. Mr. Plante was on the fence stating that with a strong candidate comes a higher salary. We can make the choice when candidates are in front of us. Mr. Lindsay encouraged the Committee to move forward expeditiously with the budget season upon us. The Committee agreed to interview any qualified candidates as soon as possible so that they could decide whether they needed to re-advertise and start the search process over again.
In the meantime, department heads will be scheduled for a joint meeting of the Advisory Committee and Board of Selectmen to discuss the FY10 budgets.
NAN NORSEEN, 23 HARVARD ROAD
Present: Susan Latham, Animal Control Officer, Chief Alfano, Board of Health members Chris Rogers and Andrea Gilbert, Agricultural Commission members Joe Kovacs, Martha Ashe, Sue Storbeck, Town Clerk Pam Powell, Advisory Committee member David Lindsay, residents Jon Mechlin, Bob Hatch, Rose Darden
At the request of the Board of Health, a joint meeting was held to discuss the ongoing issues with Ms. Norseen regarding her animals getting loose and causing safety concerns. In summary there were issues brought up about Ms. Norseen’s animals escaping time after time and causing safety concerns all over town. There was an agreement that Ms. Norseen would get rid of animals during the time she was laid up because of hip surgery. A site visit of Ms. Norseen’s property was made with Ms. Norseen agreeing to certain repairs before the return of animals. Since then two horses returned without notice and escaped causing havoc along Main Street during the rush hour.
Mr. Rogers stated that animal escapes have been an ongoing problem for a number of years. The Board of Health picked up the baton in an attempt to work with the homeowner to manage the animals but the board is now asking for town officials to help the board come up with an action plan that will solve the problem.
Ms. Norseen stated that she is well aware of the problems she has caused. She would like to be considered a farmer versus a homeowner and noted that she chose Bolton to live in so that she could farm. Ms. Norseen presented a map of her property that showed the field that was inspected in September prior to her bringing the sheep and goats back home. No animals have escaped from this area. Since then Ms. Norseen has installed an electric fence and gates in the pasture area. By spring, Ms. Norseen stated that all the boundary fences will be electrified. Mr. Robert Hatch will be helping Ms. Norseen with the installation of fencing in the corral area where the horses are kept.
In a letter dated December 4, 2008, Town Counsel confirmed that the town would not be liable for injury or damage caused by a stray animal on public property unless the animal belonged to the town or was under the control of a town employee. Chief Alfano was concerned that when a police officer is chasing down the animals, the animals are considered to be under the control of the town. Town Counsel also recommended that the Board of Health and the Agricultural Commission come up with proposed changes to the bylaw to increase the fines.
Chief Alfano stated he is supportive of responsible farming. He stated that three quarters of Bolton’s animal escapees are from Hythe farm, Ms. Norseen’s farm. There have been four documented accidents, three people injured with the last two incidents closing down the state road and damage to the police cruiser. Chief Alfano stated his department has a duty to insure roadways are safe. Chief Alfano stated that the town needed a strong commitment from Ms. Norseen to control the animal.
Ms. Norseen confirmed that the stallions are is never in a field that is not under control of electricity and the rest of the fence will be installed and electrified by the end of the weekend.
Ms. Latham, Animal Control Officer expressed her concern that animals were returned and being kept in an area that was not approved. The agreement was to conduct an inspection of the site before animals were returned to this area.
Mr. Kovacs, Agricultural Commission member agreed to research and make a recommendation to Ms. Norseen to get an independent inspection by another local farmer and report back to the Board of Selectmen and Board of Health in January.
PUBLIC SAFETY CENTER
Mr. Plante recused himself from this discussion due to possible conflict of interest and left the meeting room during this discussion.
The Public Safety Center Committee recommended that the Board of Selectmen award the construction contract to Groom Construction Co., Inc. for the amount of $4,311,394.00. The contract has been reviewed and approved by Town Counsel. The insurance certificate has been approved by Dennis Murphy as meeting the requirements of the town and bid specs. There has been a bid protest by a filed sub bidder claiming that the low bidder for plumbing did not fill out a specific form. The protest has been filed with the Attorney General’s office. A hearing has been scheduled for Wednesday, December 10, 2008 at 1 p.m. Town Counsel will attend the hearing along with Anthony DiLuzio, OPM and Brian Humes. Mr. Wysocki volunteered to attend the hearing as well.
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to sign the contract with Groom Construction Co, Inc. for the public safety center and granted authority to the Public Safety Center Committee to spend up to the $4 million as authorized at town meeting. (Troup – yes, Wysocki – yes)
The Board of Selectmen recommended updates from the Committee on a monthly basis.
LIQUOR LICENSES
On a motion made by Wysocki and seconded Troup by the Board of Selectmen voted to approve and sign the liquor licenses for Country Cupboard, Firewater and Wine Package Store, International Golf Club, Nashoba Valley Winery and the Roadhouse Restaurant.
(Plante – yes, Troup – yes, Wysocki – yes)
ANIMAL ADVENTURES
Present: Agricultural Commission members Joe Kovacs and Martha Ashe
Mr. and Mrs. Laquidara from Animal Adventures at 336 Sugar Road met with the Board of Selectmen to request permission to place two signs along Route 117 at the intersection of Route 117 and Sugar Road, and at the I-495 northbound exit #27 junction with Route 117. The signs will be 2 feet by 3 feet. They will display the business logo of Animal Adventures, read “Open Year Road” and list the company address, telephone number and web address. Mr. Laquidara did not have a sign diagram to show the Board of Selectmen at this time.
Although it was unclear as to whether or not Animal Adventure falls under the agricultural bylaw Mr. Kovacs was supportive of the proposed signs.
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the sign request with the stipulation that the sign bylaw be met. (Plante – yes, Troup – yes, Wysocki – yes). Mr. Laquidara was informed that he must apply for a building permit for the sign and was provided with the building permit application. He was also asked to meet with Chief Alfano and Mr. Brown, DPW Director to obtain approval of the sign placement.
STORAGE CONTAINER, FORBUSH MILL ROAD SOCCER FIELD
Present: Jacky Foster, abutter to Forbush Mill Road soccer field and Tom Pokorney, Parks/Recreation Chairman
Ms. Foster met with the Board of Selectmen to discuss the dissatisfaction of the Forbush Mill Road residents with the placement of a storage container located at the back corner of the lot in front of the existing shed at the Forbush Mill Road soccer fields. Ms. Foster stated that the container is an unsightly view out her dining room window and for other neighbors along Forbush Mill Road. Neighbors do not feel they have been included in the decisions.
Mr. Pokorney stated that the container stores the field’s mower system and soccer equipment. He stated that this container was cheaper than a shed. Mr. Wysocki suggested a fence go in front of the container. Mr. Pokorney thought that in the spring they could make it look more like a building which would be better than putting a fence in front of it. Mr. Pokorney agreed to work with Mr. Brown, DPW Director to come up with a solution and will communicate with the neighbors on any proposals.
UPDATE ON TRI-TOWN MEETING IN STOW
The turf field at the high school is on hold but there may be expenses related to maintenance of existing field. The school districtoffice administration would just as sume some stay where they are as far as office space. They are up 100 students that include new students in the district plus 30 from expansion of school choice. Lancaster does recycling of batteries which Bolton does not. Bolton residents can bring recycling to Lancaster. They are looking at regionalizing positions such as planning directors and conservation commission administrators. Lancaster heard 10% cut in local aid at state level may be made, but has not been decided yet. Stow is looking at reduced cost of living adjustment increases. Mr. Lindsay is recommending that Ms. Costello show a 5% increase for the school district budgetassessment to Bolton.
Mr. Troup reported that Bolton will host the next tri-town meeting on Wednesday, January 7, 2009 at 7:00 p.m. Minuteman will be invited to make a budget presentation.
APPOINITMENT
On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to appoint Dan Tremblay to the Council on Aging, term expiration June 30, 2011.
TRAFFIC LIGHT SIGNALS
The Board was informed that the installation of the traffic lights at Route 117/Route 495 north bound exit has been started. On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to waive the electrical fees for the traffic lights. (Plante – yes, Troup – yes, Wysocki – yes)
SELECTMEN’S UPCOMING MEETING SCHEDULE
The Selectmen will meet on January 8, 22, February 5, 19, March 5, 19 and April 2, 16, 30, 2009.
BUDGET PROCESS FY10
Ms. Day will provide Ms. Costello, Town Accountant with all budgets received so that she can prepare the budget spreadsheet.
Meeting adjourned at 9:45 p.m.
Respectfully submitted, Linda L. Day