Including a condition the petitioner had wanted excluded, Rochester’s Conservation Commission Tuesday approved the Order of Conditions for BWC Snows Pond LLC’s plan to build a 2.39 megawatt, solar-energy array on 12.55 acres of a 31.23-acre parcel at 0 Cushman Road.

            In a previous meeting, the commission requested that the conditions should include the use of biofuels, which are biodegradable hydraulic oils for the construction equipment used there. In a January 26 memo, however, Weston & Sampson engineers asked that this not be made a project condition because the petitioner “could not commit that the selected contractor will be able to supply installation equipment that is compatible…”

            On Tuesday, BWC Snows Pond LLC’s representative had to give up on that request when informed by Conservation Commission Chairman Christopher Gerrior that the use of biofuels is a standard item in the board’s Order of Conditions.

            “We don’t want to be hamstrung by that condition,” Weston & Sampson engineer Rob Bukowski said, explaining that construction wouldn’t take place for another year and that it was not certain that any potential contractors would be able to comply.

            Commission member Ben Bailey said placing this condition on town projects happens all the time, and in fact, the Planning Board will likely place the use of biofuels in its own conditions for the project. He and Gerrior noted biofuels are required for the Cushman Road project because of the steep slope at the site.

            After reading the Order of Conditions that the board would set for the Cushman Road project, which included the bio-fuels requirement, Gerrior asked Bukowski if he had any comment. Bukowski said he had none, and the OOC was approved.

            In other action, the commission approved a letter it will send to Mattapoisett officials regarding its concerns over Rochester’s rights to the water on Red Brick Farm East land. The property is part of a 241-acre, regional Conservation Restriction giving Rochester no rights to the groundwater that Red Brick Farm East might produce. The CR led to a Mattapoisett Land Transfer Agreement that has yet to become reality.

            On Monday, the commissioners asked for the Select Board’s help with the issue, saying the latest correspondence from Mattapoisett listed the reasons why it would be difficult for the town to do such a transfer. The Select Board responded they needed Mattapoisett’s “no” in print before moving forward with any help.

            Tuesday, the commission endorsed the letter Bailey has written to prod that response. Addressed to the Mattapoisett Water Board, the letter reminds that panel that the Water and Sewer Department originally committed to “make every effort” to transfer the 13.06-acre Rochester parcel to the Town of Rochester “for $1” It continues, “Please accept this correspondence as a formal request for: 1). A list of all of the actions taken to date to demonstrate this effort to abide by this agreement and 2. A list of all actions anticipated to fully abide by the agreement.”

            Also, the commission approved a proposed new building and building addition at 340 Rounseville Road on land that is under an Agricultural Preservation Restriction. Engineering consultant Walter Hartley said the petitioner needs ConCom’s approval before the plan goes for state approvals because the town board holds the APR on the property. The plan is to increase the space for winter storage of farm equipment and hay.

            The board approved three-year extensions of the Order of Conditions for Cushman Road Solar LLC’s plan to build a solar-energy array at 0 Cushman Road to include work within the 100-foot buffer zone and the previously approved bituminous, concrete-production facility planned by Edgewood Development Co. LLC on Kings Highway.

            The commission noted the Notice of Intent hearing to build a 15-acre, self-storage facility at 0 and 25 Cranberry Highway and 0 Kings Highway has been continued to February 20.

            The commission agreed to meet on February 10 at 8:00 am for a site visit on Snipatuit Road at the starting area of the Rochester Boat Race, where river conditions might soon impede the herring run. Bailey said the public is welcome to attend to add their own comments and information.

            The Rochester Conservation Commission will meet next on Tuesday, February 20, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco

The Rochester Council on Aging adopted the town’s Personnel Bylaw as written in a January 31 public meeting that town officials attended to allay fears that attempts were being made to take away the COA’s authority to hire its own employees.

            A January Special Town Meeting article proposed revising the town’s Personnel Bylaw to say that the Select Board rather than the COA “shall appoint such Council employees as it may require.” This change was defeated on Town Meeting floor to a loud, decisive round of applause after COA Friends Chairman Michael Cambra complained the town was trying to take away the council’s power to govern itself.

            The January 31 COA board meeting began by reviewing for approval a copy of the town Personnel Bylaw with a handwritten revision that the COA rather than the Personnel Board “is empowered to make hiring decisions.”

            Personnel Board Chairperson Kristine Nash and former chairman and current Select Board member Adam Murphy explained that the board’s right to recommend hires is still in the bylaw and that the problem at Town Meeting was incorrect language that he said Town Counsel placed in the article.

            Murphy said that’s why officials had wished to table the article rather than see it go to a vote that ultimately disapproved the measure. Officials needed to discuss the article with COA members first, a move he realized too late had not been done. Murphy said he wants to see a discussion between the COA board and Town Counsel to iron out details before the proposal returns to Town Meeting floor in May. “We want to work with you collaboratively,” he said.

            Council on Aging Director Eric Poulin said the board’s and the seniors’ issues with the Special Town Meeting article were its language and that the town had not discussed or informed seniors about it in advance. Murphy admitted he was unaware that this advanced notice had not been received, and he regretted being unable to attend the previous COA board meeting.

            Nash said the new Personnel Bylaw is still under review, and she advised the board wait until the final edit to vote to adopt it. The Personnel Board, she explained, is writing protections for town employees not covered by unions or contracts. But the language in state regulations left the COA and the library off the Personnel Bylaw for these employees. “You are on your own island now,” she said.

            But that is what the Personnel Board would like to fix to treat all nonunion, noncontract employees equally, Nash said. She emphasized that town boards may hire their own employees; the Personnel Board must review potential hires for the sake of checks and balances and to make sure their compensation and rules and regulations are equal to those of contract workers.

            As the bylaw is written now, Nash said, the Personnel Board is “empowered to make the hiring decision” but along with the department head, who together shall be the judge of the applicant’s qualifications etc. Murphy further explained that “Select Board” were the words in the Special Town Meeting article because that’s the appointing authority when a town has no Personnel Board, and the town created such a board only recently.

            “You recommend who to hire,” Nash said to COA board members. “That has not changed. And that right will remain for all departments.”

            She noted the Personnel Board is now working to “radically revise the pay classification system and include additional step increases.” These revisions should be ready for the May Town Meeting, she said.

            Select Board Chairman Paul Ciaburri dispelled the perception that the Special Town Meeting article was a power-grab. “We have no interest in being involved in the hiring for any town board or department,” he said. “Zero interest!”

            The COA board ultimately followed Town Administrator Glenn Cannon’s recommendation that it adopt the bylaw as written but acknowledge the town will work on the bylaw language later.

            In a follow-up interview, Cannon elaborated that state law says libraries “shall” vote on their own hiring and councils on aging “may” vote on their own hiring.  The new town Personnel Bylaw was following that language by excluding those two town entities. With the COA board’s vote on January 31, he said, both town departments have voted themselves into the new bylaw.

Rochester Council on Aging

By Michael J. DeCicco

The February 5 meeting of the Mattapoisett Select Board found architect Stephen Kelleher and Highway Surveyor Garrett Bauer getting what they have long striven to receive – approval to move forward with Phase 1 planning for the highway barn renovations.

            As noted in the approved architectural agreement, the scope of Kelleher’s work on various phases includes adding an additional garage storage area of 1,600 square feet, interior alterations, sound insulation, and an HVAC system in the remodeled office/breakroom spaces. There is also planned drainage for some flooring areas, and 14×14-foot overhead doors.

            Further noted is that the total project will be performed in three phases with Phase 1 including floor drains and exhaust remediation. Phase 2 includes interior remodeling, new office, new breakroom and new handicapped-accessible toilet room. Phase 3 scope of work plans for a 2,040 square-foot addition.

            Town Administrator Mike Lorenco stated in a follow-up that the total cost for the entire three-phase construction project is $3,300,000 but may change over time. Kelleher’s fee is pegged at $28,535 for Phase 1.

            Jumping topics in the agenda, the board announced the selection of Kevin Greiner as the new building commissioner. Greiner is currently the building inspector for the Town of Easton.

            Back to budgets: Mattapoisett Police Chief Jason King presented a nearly level FY25 budget with wages in the draft coming in at $2,500,000 and ambulance wages at $409,000.

            In his narrative, King noted that in 2023 the Mattapoisett Police Department responded to 8,174 calls for service and 871 calls for the ambulance service. He said that no new cruisers are needed in the next fiscal cycle but that the FY26 Capital Expense plan requests two cruisers at an estimated $65,000 each. Also listed on the Capital Plan for the Police Department is $310,000 for a solar-voltaic charging station in FY27 and $50,000 to repoint the station.

            Fire Chief Andrew Murray also came before the Select Board with the department’s draft budget. Wages listed are $770,425 with another $190,600 for various equipment.

            Harbormaster Isaac Perry came before the board with no surprises. He did share that recent flooding has damaged electrical systems on Long and Middle wharves, which will be repaired before the boating season begins. Cost estimates were not offered.

            Wages for the Enterprise Fund will total $157,500.

            Perry said that motors for the pump-out boat need replacement and are listed as capital expenses amounting to approximately an $18,000 grant from Massachusetts Department of Marine Fisheries. Beginning in the fall, Perry said docks and floats will need replacement.

            The next meeting of the Mattapoisett Select Board is planned for Monday, February 12, at 5:30 pm.

Mattapoisett Select Board

By Marilou Newell