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Board of Health Minutes August 9, 2011
BOARD OF HEALTH MINUTES
Meeting Held at Town Hall on August 9, 2011 at 6:30 PM
Members Present:        Christopher Slade, Chair, Laura Andrews, Clerk and Christopher Rogers, Member
Not Present:            Bill Brookings, Health Agent, Nashoba Associated Boards of Health
                        Michelle Carlisle, Administrative Assistant

Call to order: 6:30pm

Minutes reviewed for 7/26/11:
  • C. Rogers moved to approve the minutes of 7/26/11, L. Andrews 2nd. All in favor 3/0.
Mail Reviewed:

Action/Discussion:
  • Vote on proposed amendments to the Bolton Board of Health Regulation Requirements for the Subsurface Disposal of Sanitary Sewage and the Bolton Board of Health Well Regulations.
  • C. Rogers motioned to accept the amended Board of Health Regulation Requirments for the Subsurface Disposal of Sanitary Sewage and the Bolton Board of Health Well Regulations as presented, L. Andrews 2nd. All in favor 3/0.
  • 23 Annie Moore Road, Hamilton – Sewage Disposal Upgrade.
  • No variances required. Board approved.
  • 103 Kettlehole Road, Mike Hills – new drilled well.
  • No variances required. Board approved.
  • Noise complaint from Mr. Cardinale of 18 Wilder Road regarding his neighbor’s loud music at 10 Wilder Road.
  • C. Slade to draft “disturbing the peace” letter and review.
  • New building permit: 68 Old Harvard Road, Fulson – renovate screen porch. Board signed.
  • New building permit: Lot 4 Annie Moore Road, Spedden – new single family home. Board signed.
Building Permits Reviewed:
  • 57 Sunset Ridge Lane, Heritage Properties – new dwelling. B. Brookings signed 7/29/11.
  • 55 Sunset Ridge Lane, Heritage Properties – new dwelling. B. Brookings signed 7/29/11.
  • 231 Still River Road, Lightner – rebuild existing deck. B. Brookings signed 8/3/11.
Septic Permits Reviewed:
  • 58 West Berlin Rd., Pelletier – sewer line permit.
  • Moved to next meeting agenda.
  • 116 Green Rd., Mahoney – D-box permit. Approved.
Inspections reviewed:
  • 66 East End Road, Farnsworth – Title 5 report states that the water treatment backwash is discharging into the septic system. See attached letter.
  • Letter signed. M. Carlisle to send.
  • 282 Harvard Road, Hagopian – Title 5. Approved.
  • 86 Kettlehole Road, Baker – Title 5. Approved.
  • 82 Teele Road, Hafford – Title 5. Power not on. Must turn power on to test pump and alarm. M. Carlisle to send letter.
7:00 – 7:15 p.m.        John Balco regarding the Open Meeting Law
  • Rumors that the Board was asked to be televised and declined to do so.
  • C. Slade stated that enough sensitive information is discussed that it might not be a useful exercise to have a verbatim report. As in the Turner and Bishop cases.
  • J. Balco asked why not handle those issues in executive session?
  • C. Slade stated that the Board could do that, but if it were an executive session, it wouldn’t be in front of the camera anyway.
  • Don Lowe, Town Administrator, spoke to Ken Troup, President, BATCO and C. Slade has not heard from Ken yet. We could have someone here if we could actually work, but what if we’re televised and stopped at “sensitive” issues.
  • C. Rogers stated that the Board is meeting the Open Meeting Law requirements.
  • C. Rogers asked should we be televised.
  • C. Slade stated that the Board responded to the request to be televised in writing. Then was waiting for a response from Ken Troup to further discuss.
  • J. Balco stated that we have a dispute. The requirement sets out guidelines and timelines. Not time for discussion. Didn’t want to say because this starts the clock ticking. We have a disagreement, so how to resolve it?
  • C. Slade stated he needs to talk with Ken Troup.
  • J. Balco stated we are now on a timeline. If someone finds out we are in non-compliance, that we refused
  • C. Slade interjected and stated the Board declined not refused:
  • J. Balco continued: the 30 day clock now starts.
  • C. Rogers asked are we now in violation – we’ve been doing this for years, is TV now required.
  • J. Balco stated the Attorney General says yes, that the Board is “required” to. Clear that if someone wants to televise the meetings, it has to happen.
  • J. Balco stated he is a concerned citizen. No other Board has declined.
  • C. Slade stated that there can be some sensitive issues brought before the Board that should not have public scrutiny – challenges with ConCom, etc. There have been public meetings where the Board has approved recording.
  • J. Balco - clock began last Saturday, August 6, 2011. BOH must be televised.
  • Can he facilitate by taking to Ken Troup. Senses there is not enthusiasm.
  • C. Rogers stated that televising has not done any good.
  • C. Slade stated that BATCo hasn’t insisted. Only you – John Balco – is insisting.
  • L. Andrews asked to see the section of the Open Meeting Law from the Attorney General that J. Balco was referring to stating that Board is not complying. J. Balco asked L. Andrews if she thought the Board wasn’t complying. L. Andrews responded that she is not a lawyer.
  • J. Balco stated that BATCo asked.
  • C. Slade stated that BATCo has never demanded. Board didn’t ignore their request, we sent a written response stating why the Board didn’t believe it was a benefit to be televised and have heard nothing since.
  • J. Balco stated the Board’s view is contrary to Open Meeting Law. Chris Slade and Ken Troup should talk and it isn’t clear that this will happen. John is insisting that the Board needs to acknowledge that they should be recorded – video and audio.
  • C. Rogers stated that TV is new media, the Board is complying with Open Meeting Law.
  • J. Balco suggested the Board ask for clarification. He can’t say what rights “I” have.
  • C. Slade stated he has all rights.
  • J. Balco would like to hear back on Ken Troup and C. Slade’s conversation.
  • C. Slade stating the Board is still waiting to hear from Ken Troup.
  • J. Balco will try to get Ken Troup to talk to C. Slade. Are there other ways to resolve this? Is there an issue that can be resolved?
  • C. Slade stated this is unfortunate.
  • C. Rogers stated that the Board is not sure they agree with John. We are fulfilling Open Meeting Law.
  • J. Balco stated the Board to ask the Attorney General.
  • C. Rogers asked if they could call the Attorney General.
  • J. Balco suggested an alternative – are there dispute resolutions available.
  • C. Rogers asked if the Board is on the wrong side of the law, is BATCo really interested.
  • C. Slade suggested that J. Balco call Ken Troup and ask him to call C. Slade.
  • J. Balco stated that he and the Board don’t agree, have a different interpretation. We have a mechanism to help resolve the disagreement – ask Town Council.
  • C. Slade stated to start with talking to Ken Troup first.
C. Rogers moved to adjourn the Board of Health meeting at 7:40pm, L. Andrews 2nd. All in favor 3/0.