Board of Selectmen Minutes

Board of Selectmen                              Present:        Curtis Plante

July 23, 2008                                                   Kenneth F. Troup

                                                                Stanley Wysocki

                                                Jodi Ross, Town Administrator

                                                Linda L. Day, Town Secretary

The Board of Selectmen met at the Town Hall at 7:00 p.m.

Present:  Police Chief Alfano, Board of Health member Andrea Gilbert; Town Clerk Pam Powell,  DPW Director Harold Brown, and  Barbara Brown

Mr. Plante presented name plaques to Town Administrator Jodi Ross, Town Secretary Linda Day, and each Board of Selectmen member to be used on the table during meetings. Board members expressed their appreciation for the obvious effort in making the plaques.

PUBLIC SAFETY CENTER

Present:  Chris DeMers, Member of the Public Safety Center Construction Committee

Mr. Demers informed the Board of Selectmen that they are in the early stages of considering a Friends of the Public Safety Center type organization as a way to solicit contributions for the public safety center and requested permission from the Board of Selectmen to form a not-for-profit organization to do so.  

Mr. Lindsay stated that he is comfortable with the organization receiving donations for furniture, curtains, wall painting, etc. but wanted to be sure that the basic building construction does not go above the $6 million.   Mr. Demers confirmed that their intent is to use these donations for such things as mentioned by Mr. Lindsay.  Ms. Ross stated that the project can not exceed the amount voted at town meeting.   It will take some time to file articles of organizations and an important note is that a town employee can not handle the money of the organization.

Mr. Wysocki and Mr. Troup did not have a problem with this request.  Mr. Plante stated he is a little uncomfortable with the concept and would not disapprove the request, but cautioned Mr. Demers to be realistic in the expectations of the expected donations.   

BITUMINOUS BID

Harold Brown, DPW Director

Bituminous at plant:  Based on information received as a result of the re-bid for bituminous at plant, on a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to award the bituminous at plant to Mass Broken Stone in Berlin, MA for $61.00 per ton.  (Plante – yes, Troup – yes, Wysocki – yes)

Mr. Brown stated that he has gone back out to bid for bituminous in place and the bid will be opened on August 6, 2008.

 

DPW Truck: Mr. Brown reported that he has received a bid in the amount of $48,750 for a 2001 International truck with 38,000 miles, fully equipped from Syracuse, New York.  Stadium International has agreed to paint the truck and do additional maintenance work before they deliver the truck to Bolton.  Mr. Brown stated that he budgeted $100,000 for two trucks.  He does not have a lead on a second truck at this time although his staff is looking around.  

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the purchase of a 2001 International truck as described by Mr. Brown.  (Plante – yes, Troup – yes, Wysocki – yes).

Mr. Brown stated he would like to postpone the culvert work on Spectacle Hill Road for one year and take $40,000 of the allocated $70,000 and put it toward hardtop.  He would like to take the remaining $30,000 and go back out to bid for crack sealing.   Mr. Brown was issued an order of conditions for the culvert work but he has three years to complete the work.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to approve the amendment to the paving schedule to allow Mr. Brown to remove the culvert work from the schedule and replace it with hard top and crack sealing.  (Plante – yes, Troup – yes, Wysocki – yes)

DISCUSSION REGARDING VIOLATION OF SECTION 1.9.4 LIVESTOCK AT LARGE OF THE ADMINISTRATIVE BYLAWS

Present:  Chief Alfano, Animal Control Officer Susan Latham, and Assistant Animal Control Officer Phyllis Tower, Nan Norseen, (owner of Hythe Farm)at 23 Harvard Road, and several residents who supported Ms. Norseen; Agricultural Commission members were not available to attend tonight’s meeting.

Chief Alfano and Animal Control officers Susan Latham and Phyllis Tower met with the Board of Selectmen to discuss the ongoing issue of untethered livestock from the Hythe Farm, 23 Harvard Road owned by Nan Norseen.   Chief stated that he has been dealing with this issue for the three years he has been police chief and the Animal Control Department has been dealing with it for the past nine years.  Of 25 untethered animals incidents since the beginning of 2008, 15 of the animals were from Hythe Farm.

To date there have been three documented accidents involving damage to motor vehicles, motorcycles or bicycles. Two of these accidents involved personal injury as a result of livestock in the public roadway owned by Nan Norseen.  Chief Alfano stated that the Board of Health issued a letter to Ms. Norseen back in November of 2006 and the terms to prevent her livestock from leaving the confines of her property have not been met.   The Animal Control Department has cited Ms. Norseen on numerous occasions and it has drawn on the manpower of the police department to respond to accidents or incidents of loose animals based on negligence of the homeowner.  

Chief Alfano stressed that this has become a serious public safety issue and there cannot be any more accidents due to the negligence of the owner.  

Ms. Norseen stated that she knows it is her fault and that 90% of it has to do with her health.  Ms. Norseen stated that trees have fallen on the fence, posts have fallen over because of the conditions of the soils and one time coyotes drove the sheep into the roadway.   She has not been able to do regular checks on the fencing because of her medical condition.  She will be going in for a hip replacement and anticipates being back on her feet after 6 weeks on crutches.  Ms. Norseen stated that before she goes into the hospital, the sheep, llamas and horses will be removed from her property.  Animals remaining on the property will include 4 goats in the barn, rams in the pasture, and a couple of sheep that need special attention.  While she is in the hospital someone will stay at her home to care for these animals and others will assist with taking care of the chores.  Ms. Norseen feels she has done as much as she can and the situation will be under control.  She stated that by the time she is back on her feet the area of fence causing the problem will be completely fixed.  

Chief Alfano stated that he looked into exploring an official position of fence viewer or field driver. This position would be appointed by the town and the appointee would have the authority to pick up any loose animals on roadway, hold and care for them until the fines are paid and town is reimbursed. A fence viewer also has the authority to go on property to check the fences.  

Ms. Latham is concerned with criminal negligence and suggested that Town Counsel review the issue.  A question was also raised as to the potential town liability if the town does not take action.  

Mr. Troup suggested that Nan or someone contact contact the Board of Selectmen, Board of Health, the Animal Control Officer, and the Police Chief prior to when the animals are expected to come back.

Linda Crabtree, supporter, complimented Ms. Norseen for her contribution to the community and encouraged everyone to come together to help Ms. Norseen secure her livestock on her property.  Chief Alfano stated that no one is questioning Ms. Norseen’s contribution and as a friend and neighbor he has spent many hours with other neighbors assisting her to secure the property.    Chief Alfano stated he was not happy with bringing this matter to the Board of Selectmen but it is his duty to the community to make it safe.       

The Board of Selectmen requested that Ms. Norseen contact them prior to the return of the animals so that the property can be inspected by the Board of Health and Animal Control officers.   Ms. Norseen agreed to this.

BOLTON CELEBRATES

Daniel Teague, Chairman of Bolton Celebrates

Music Series:  Mr. Teague met with the Board of Selectmen to inform them of a summer acoustic music series that they have planned for Sunday, August 24, September 7, 14, and 21, 2008 from 12:30 to 3:30 p.m. to raise money for next year’s Independence Day Celebration.  Activities for children have also been scheduled during this time.  The event is being hosted and sponsored by The Regency of Bolton and they anticipate a maximum of 250 people.  Parking will be on the Regency site.   The sponsors were notifying neighbors of the event.   Mr. Teague has contacted Chief Alfano to work out plans for handling the traffic and scheduling a detail officer.   

Mr. Plante expressed concern with safety and urged the sponsor to work out a plan to keep people away from the construction area.    The Board of Selectmen recommended that a letter be sent out to abutters informing them of the event and letting them know any concerns could be heard at the Board of Selectmen’s meeting on August 7, 2008.

July 4^th event:   Mr. Plante thanked Bolton Celebrates for stepping up and putting the community back in the community.  Mr. Plante suggested that the activities and parade be combined into one day.  Mr. Teague stated that they did consider this but for many reasons chose to have as a 2 day event.  He was willing to reconsider this for next year.  Ms. Ross informed Mr. Teague that the Conservation Commission was concerned with the paper leftover from the fireworks that was dispersed around the pond area.  Mr. Teague stated that he did go out to sweep the area but it was a couple of days after the event and Ms. Gumbart must have gone out before he did this.  

INTERVIEWS OF HUMAN RESOURCES CONSULTING FIRMS

The Board of Selectmen interviewed the following human resources consulting firms to assist with the search and hiring process of a new Town Administrator.

 

Ms. Ciccolo provided a one page handout of her proposal which was written to be flexible so that Bolton was given the ability to decide on certain alternates of the proposal.  Ms. Ciccolo has extensive municipal experience working presently for the Town of Hudson.  Ms. Hartshorn has been a department head in the Town of Lexington, has done executive searches and does work with Massachusetts Municipal Association.  

The total project cost is $13,000 which includes all advertising and an Option A and Option B related to round 2 of the interview and selection process.  

Ms. Ciccolo was agreeable to a warranty as part of her proposal to conduct a second search if the person chosen during the first search did not work out during the first year.   

Ms. Ciccolo also proposed interim services for 5 to 10 hours per week as interim town administrator while searching for a new Town Administrator.   

Future Management Systems submitted a proposal for executive search services for a Town Administrator.   Mr. Wasserman stated that their proposal is based on what they know are the needs of the town and developing a leadership profile and doing focus groups starting with the Board of Selectmen to understand what the Board is looking for.  Their proposal is very similar to the approach they took during the last town administrator search.  The proposed cost for services is $14,430 plus expenses not to exceed $1,000.  

Future Management stated they would consider and find some agreeable grounds for a second search if necessary.

Mr. Kobayaski stated that the firm was started by Dick Bennett 25 years ago they work exclusively in the governmental sector.  Mr. Kobayaski was an elected official in his hometown and is therefore very familiar with the Massachusetts town government.  At the beginning of the process they will work with Board of Selectmen and other town officials to prepare a profile and challenge statement.   They will assemble a group of candidates to be reviewed with the Board of Selectmen to bring forward 5 to 6 candidates to the Board of Selectmen for an interview.   Mr. Kobayaski stated that they are comfortable working with a Search Committee if that is what the Board of Selectmen decide.

The proposed cost for services would be $12,500 with three payments of $3,750 and the last payment of $1,250 being made when the candidate is hired.  Mr. Kobayaski does not anticipate the expenses to exceed $750 to $1,000 with advertising being the town’s responsibility.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to award the contract to Ciccolo Group for the town administrator search.  The cost of this search will be paid out of the Board of Selectmen’s engineering account.  (Plante – yes, Troup – yes, Wysocki – yes)

SALLY ANN KING, DAYLILIES

Ms. Ross reported that SallyAnn King has asked the Board of Selectmen to make an exception and refund her the $5 fee she paid for her sign permit which allowed her to place 9-10 signs around the town advertising her daylilies.   This $5 fee is based on the established sign policy. The Board of Selectmen did not feel they could change the sign policy for one person and did not feel the $5 was unreasonable, particularly for 9-10 signs as in this case.

PROPOSAL FOR HANDLING DUTIES IN THE ABSENCE OF THE TOWN ADMINISTRATOR

Mr. Troup provided a proposal for handling duties until a new Town Administrator is hired.   Mr. Troup was favorable to hiring an interim town administrator although he did not feel it was necessary. Mr. Wysocki agreed with Mr. Troup’s proposal but did not feel the Board could keep the town running during the search.  Mr. Plante stated that he would like to see the liaison to the department heads remain the point of contact.  After further discussion, the Selectmen agreed that an interim Town Administrator on a part time basis would be helpful and therefore, on a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to hire Ms. Ciccolo of The Ciccolo Group, LLC as interim town administrator. (Plante – yes, Troup – yes, Wysocki – yes)  Mr. Troup agreed to revise his proposal.  

TOWN ADMINISTATOR SEARCH COMMITTEE

On a motion made by Troup and seconded by Plante, the Board of Selectmen voted to designate Mr. Wysocki as the representative for the Board of Selectmen on the Town Administrator Search Committee.   The Board of Selectmen will appoint the Search Committee at the next meeting.

Meeting adjourned at 8:05 p.m.

Respectfully submitted, Linda L. Day