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At the meeting of the Randolph Board of Selectmen held Monday, October 30, 2006, the following were present: Chairman Richard W. Wells, Vice Chairman and Clerk James F. Burgess, Jr., members William Alexopoulos, Paul K. Fernandes, and Paul J. Connors, Executive Secretary Michael J. Carroll, and Administrative Assistant Linda M. Sproules. (Town Counsel Paul R. DeRensis was attending another meeting.) Atty. Peter Berry was also present.
Mr. Burgess led the opening prayer and Mr. Fernandes led the Pledge of Allegiance.
Mr. Burgess moved to accept the minutes of 9-25-06. Seconded by Mr. Alexopoulos. Voted, 4-0. Mr. Burgess moved to accept the minutes of 10-16-06. Seconded by Mr. Alexopoulos. Voted, 4-0.
Fire Department – Vehicle Exhaust Capture System
The specifications have been reviewed by the Chief and the Executive Secretary and they are in agreement. Mr. Carroll said that on Friday the Chief expanded the RFP. The Information for Bidders sheet requests 1) a fixed price for the entire project, 2) a three year lease to purchase, and 3) any pricing the bidder may deem appropriate. The FinCom was advised. (Mr. Connors arrived.) Instead of requesting a transfer from Reserve, the language of an article from two years ago for extraordinary repairs could be used pending a decision by bond counsel. Another option was to look at expense items in the Fire budget, at 1/3 of the way thru the year, with exceptional frugality on the part of the Chief, it could be done. No transfer should be applied for at this time. Mr. Alexopoulos expressed
concern with using the Capital Outlay money because it was voted for specific reasons. Mr. Carroll said he has not yet approached bond counsel. No financial decision has to be made tonight. Mr. Carroll said that a Special Town Meeting might have to be called. The language in the article refers to “extraordinary”. Chief Foley said this takes priority over the roof. The health and welfare of the department’s members takes precedence. Mr. Connors said was not in favor of using a reserve fund transfer because of fuel and utility costs. Mr. Connors noted that the funds in the Fire budget for repairs and maintenance have been used in the first 4 months of this year. Reserve fund may be needed for utilities for all departments. Mr. Connors said he wanted to see specific dates put on the bid form. Temporary repairs of the roof could be done but the exhaust takes precedence. Mr. Carroll said Chief
Foley would contact the Central Register and find out the publishing dates. Mr. Connors said that this was a draft but that it should be final. Chief Foley said the part about bond counsel didn’t come up until 4 p.m. today and that the Board wanted to see it. These specs were used in other local towns. Mr. Connors moved to authorize the Chief to go out to bid, with dates
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Fire - continued
certain in the specs, and that the Board supports using $25,000 from
the extraordinary repairs article for the 1st year. Seconded by Mr. Alexopoulos. Mr. Fernandes asked if this would be contingent upon bond counsel. Affirmative per Mr. Connors who accepted that as an amendment. Mr. Carroll will contact bond counsel tomorrow. Mr. Connors amended his motion to replace “$25,000” with the “first third”. Mr. Burgess said that if bond counsel turns it down, then it comes back to the Board. Voted, 5-0.
Hearing – Honey Dew Donuts, 86 Mazzeo Drive – Request for special permit for drive-thru
Legal notice was read. Usual letters are not needed for Special Permits. Abutters were notified. Mr. Alexopoulos declared that he is the owner of the Mobil Station on No. Main Street. The applicants did not have a problem with that. Applicant Gary Lewis said he operates stores in Stoughton & Canton. This is to locate a kiosk in the Shell Station for a drive-through. Project Manager Steve Pedro of Ayoub Engineering distributed plans. Subway was there previously. Illustrating using the plan, they propose to decrease curbing to allow vehicles to get close to the building. A speaker board would be placed in the existing landscaped area. Proposed hours of operation: 5 am to 11 pm, 7 days per week. Mr. Connors asked if it was drive-thru
only. There would be a service counter only inside. Mr. Alexopoulos asked about the lanes for both the drive-thru and the car wash. There would be two separate lanes with painted arrows, 24 feet wide. They do not anticipate problems. The plan was to scale. Mr. Lewis said that, unfortunately, Honey Dew doesn’t generate the same amount of business as Dunkin Donuts. Mr. Connors asked about using plastic barrels on a temporary basis to control traffic direction. Flexible road markers which could be plowed. Comments: Judy Gangel expressed concern about vehicles being able to access the oncoming lane if they wanted to get out of the line. She suggested limiting orders at the drive-thru to keep delays to a minimum. No further comments. Mr. Connors moved to grant the request with traffic controls, 5 am to 11 pm, 7 days. Seconded by Mr. Alexopoulos. Amended by Mr. Burgess that the use is in
harmony with the intent and purpose of the zoning bylaw and will serve the public good. Roll call vote: Fernandes-yes, Burgess-yes, Alexopoulos-yes, Connors-yes, and Wells-yes. Voted, 5-0.
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JD’s Pub, 7-9 Short Street – Continued hearing on the request to approve outdoor beverage service, amend the entertainment permit, and grandfather the existing bath (This property is located in the Crawford Square Business District and is allowed as of right.)
Paul DiFederico was present. He was looking to amend the entertainment permit, requested outdoor beverage service, and grandfathering of his bathrooms. He said that in order to be in compliance for one unisex handicapped bath, he would need a very long ramp. He said that times have changed over the many years his family has owned the business. He has tried to clean up the business. He requested a favorable decision by the Board. Letter from the Asst. Plumbing & Gas Inspector (Inspector Curran was on vacation) was read. His letter stated that existing conditions of the elevated floor and piping would prohibit making either restroom handicap accessible. Letter from the Building Commissioner was read. Based on his project size and cost, he has complied with Architectural Access Board
Rules and Regulations. She was in favor of the exterior smoking deck. The letter from the Police Chief was read. He was not opposed. If the outdoor beverage service license is granted and the entertainment license amended, the police would monitor operation of JD’s Pub. Mr. Burgess said he had no objection to amending the license to include an exterior deck for consumption, but not service. Mr. Burgess said he would not be opposed to grandfathering the bathrooms due to the layout of the building. There were no comments from the public. Mr. Burgess moved to grant the request for outdoor beverage consumption, no beverage service, and the grandfathering of the bathrooms. Seconded by Mr. Connors who then asked about the entertainment request. Mr. Burgess said that the bar was too close to residential property and that he should continue with jukebox and we can revisit this later. Voted, 4-1
(Alexopoulos).
Public Comment
Judy Gangel – Reminded residents of next Saturday’s town clean-up day. The Recycling Committee has 75 youth volunteers. Students who participate would receive credit for community service. She asked residents to “acknowledge them when you see them”.
Chief Foley – Letter dated October 30, 2006 to the Chairman was read in its entirety. He said that the contract negotiations had reached an impasse and that he decided to forego an employment contract at this time and continue to serve as Fire Chief pursuant to his appointment under the Strong Chief statute (MGL Ch. 48, §42). He felt that the town’s last offer was an insult to him and that he felt he was being punished. The letter was given to the Chairman.
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Comment – continued
Judy Gangel thanked Chief Foley for his commitment to the people of Randolph.
Joe Burke asked if the contract negotiations were over. Mr. Wells said it would be brought up by the liaison.
Staffing Appointments:
Interviews were conducted by Mr. Carroll, Personnel Director Michael Lane, Police Chief Paul Porter, and Police Sergeant William Pace for the part/time Police clerk. They recommend Linda Pace. Mr. Fernandes asked if there is a relationship with one of the interviewers. They are not related. Mr. Connors moved that all seven names be considered. Seconded by Mr. Burgess. 5-0.
Susan O’Leary:----
Theresa DiGiacomo:----
Dina McHugh: Connors
Marjorie Sarofeen Kourafas:----
Linda Pace: Wells, Alexopoulos, Burgess, Fernandes
Bienvenida Beato:----
Christina Tran:----
Interviews were conducted by Mr. Carroll, Personnel Director Michael Lane, and Animal Control Officer Stephen Slavinsky for a part/time Assistant Animal Control Officer. Mr. Carroll said that after posting there were only two applicants. One is recommended. Reference checks were started. Mr. Carroll this be deferred to next Board meeting on November 13th. Agreed.
Interviews were conducted by Mr. Carroll, Personnel Director Michael Lane, and Building Commissioner Mary McNeil. Mr. Burgess said that not interviewing George Fabrizio was not appropriate. Mr. Wells said he didn’t vote for George Fabrizio for Zoning Board of Appeals because he thought that he would be interviewed for this position. Mr. Connors moved to postpone appointment for two weeks to give George Fabrizio a chance to be interviewed. Seconded by Mr. Burgess. The whereabouts of his letter is a mystery. Mr. Lane said that Mr. Fabrizio’s letter, resume, or application never appeared in the Personnel office. Joe Burke said the Building Commissioner’s office is busy and that this shouldn’t be put off. Voted, 5-0.
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Report of the Executive Secretary
1) Status of budget prep – he has received goals and objectives from some departments. This is being put together. Liaison members will be given budgets. He met last week with department heads to explain budget forms. They were also asked to look at their capital plans and prepare warrant articles for Special Town Meeting.
2) Insurance administered by the Group Insurance Commission – He met today with Mike Lane and Peter Kenny from Cook and Company. He also met with some School Committee members and teachers today to talk about how this can be addressed and get ideas to contain and reduce costs. They will meet again the first week in December. If there was a full conversion it may save the town $800,000, but it could also skew the experience of the town.
3) CORI checks – Several departments, boards, committees, with access to vulnerable populations or sensitive financial information should be subject to CORI checks. He suggested looking at the Talent Bank form and alter it to let applicants that they may be subject to a Cori check. Mr. Connors moved to add a bold line that applicants may be subject to a CORI background check. Mr. Fernandes said to make some edits to the form, and to send them the form if they send in a letter only. Voted, 5-0, to approve, in accordance with the law.
4) Vote No on Question 1 – The Board is the licensing authority for liquor. More outlets, more access to alcohol. Many towns and law enforcement have taken a stand in opposition. Mr. Burgess said this would give the town additional licenses to issue. He doesn’t want to have to have reasons for not granting. Sudbury Farms used to have a Beer & Wine license. He doesn’t think it would serve the public good. Mr. Connors concurred. In excess of 40 Chiefs are opposed. Many State reps and senators are opposed. There would be no additional staffing at the ABCC to handle. We are well served by stores now. Big stores are eliminating small stores. We need small. Mr. Connors moved that this Board go on
record, as being opposed to question 1. Seconded by JB. Mr. Fernandes asked if we were opening this up to all ballot questions. Mr. Burgess said that Question 1 affects the town as the licensing board. Mr. Fernandes didn’t understand the urgency. Mr. Connors said this was to support the license holders now. Mr. Burgess said it could affect the quality of life. If we turn a license down, the applicant can appeal to the ABCC. Mr. Alexopoulos said the town has unused licenses now and that any change would not create any more or less.
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4) Motion failed, 2-2-1. (Burgess & Connors in favor of the motion), (Wells & Alexopoulos opposed to the motion). Fernandes abstained because it wasn’t on the agenda to discuss any ballot questions.
5) Office received a letter from the Department of Conservation and Recreation re: $50,000 set aside for Nike site clean up and security of the site. The State is treating it as a grant but the town doesn’t own the land. Sen. Joyce’s and Sen. Timilty’s offices are talking to DCR regarding concerns with security and access. DCR could use the funds for this purpose. Mr. Wells said he had a problem with security and illegal dumping. Mr. Connors said he would rather acquire the land. Mr. Burgess said there was not much for contamination. It is not an issue. Mr. Fernandes said the Executive Secretary wanted a decision from the Board on whether or not he should pursue. Mr. Fernandes moved to pursue. Seconded by Mr. Alexopoulos.
Voted, 4-1 (Burgess).
Mr. Fernandes asked Mr. Carroll about budget prep – does it include town meeting timeline? Mr. Carroll said this would be done Wednesday night with School Committee meeting. Chair wants to do this Wednesday.
Drawing for labor contract teams: Police: Connors & Wells, Fire: Fernandes & Alexopoulos, SEIU: Burgess & Connors, Traffic – Fernandes & Wells.
Assignment of liaisons to budgets: The new labor contract negotiating teams coincide with this list per Mr. Carroll.
Application to be appointed as a Constable received from Joseph Galvam. Mr. Burgess moved to appoint Joseph Galvam as a Constable (this is a 3 year term). Seconded by Mr. Alexopoulos. Voted, 5-0.
Temple Beth Am request for a one day beer license on Saturday, November 18th 6 p.m. to midnight. Mr. Burgess moved to approve. Seconded by Mr. Alexopoulos. Voted, 5-0.
Mr. Wells said there was letter from Homeland Security for a grant. This is to be forwarded to police, fire, etc.
Mr. Wells said he received an email from Arthur Goldstein, Chairman of FinCom, asking about the facilities manager for Recreation. Mr. Carroll said that this was an interim position until ratified by the Personnel Board and Town Meeting. It would then be posted and interviews held. It was filled by Paul Maloof. Mr. Burgess said that it never came back to the Board. RW said that there was a letter from Mr. Lane a couple of weeks ago.
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Liaison reports
Mr. Fernandes said the policy regarding access to town counsel needs to be on next agenda – 11/13.
Mr. Connors said that the light is out on Pole 1 on Dow Street. Reminded residents that it is dark early and tomorrow is Halloween. Keep outside lights on. Take note of street lights out.
Mr. Connors said the correspondence book needed to be on the agenda and the letters read.
Mr. Wells requested No Dumping signs on the northerly side of Lancaster Road. Mr. Wells moved to erect No Dumping signs on the northerly side of Lancaster Road. Seconded by Mr. Burgess. Voted, 5-0.
Thomas DiGuilio of 42 Chestnut West appeared to complain about his Comcast service problems for the past year. Technicians have been out. Replacing his TV’s didn’t help. Wiring has never been updated in his complex. The Comcast technicians haven’t been able to figure it out. He was told not to worry about his bill until the problem is resolved, but then Comcast shut off his service. When they reinstated the service, they charged him a fee. Mr. Carroll will ask the new representative to investigate and resolve. Mr. Burgess said it is a head-end problem. Cable knows it is happening. Mr. DiGuilio will call Mr. Carroll.
Mr. Alexopoulos reminded residents of an upcoming debate for 9th district candidates at Norwood Town Hall.
Mr. Wells requested a moment of silence for the mother of retired Police Chief John Barkhouse.
Mr. Burgess said that he was part of the negotiating team for the Fire Chief’s contract. He presented a spreadsheet to the Board which was made available to the audience and would be put on the town’s web site of the current contract, the demands made by the Chief, and the offers by the town. Charts were on display. They met Wednesday with the Chief and his attorney. They walked out and never got back to us. Mr. Burgess explained the spreadsheet. The Chief wanted more than the town could offer and still be fiscally responsible. Parts of the current employment contract were read. Mr. Burgess said he believed the Board acted in good faith with what we could afford. It was not acceptable to Chief Foley. The proof is in the numbers. We did not give everything he
wanted. Mr. Alexopoulos said he was greatly disappointed that we could agree. He said that we have the best Fire Department and Chief in the Commonwealth. The negotiations were unfair to the Chief. He said that at no time did the Board sit down together. All these examples came from individual members. The union gets benefits
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Report - continued
that he doesn’t get anymore. He is disappointed in the process. Mr. Fernandes asked what would happen now. Mr. Wells said the Chief’s letter indicated he didn’t want a contract. Mr. Wells said we could offer the last best offer, or appoint him under the Personnel bylaws. Mr. Fernandes asked, if we did nothing, would he continue as Fire Chief under Personnel bylaws. Mr. Fernandes asked if the Board needed to take action tonight. Mr. Wells answered in the affirmative. Atty. Peter Berry recommended that action be taken since the contract would expire tomorrow, and the Chief didn’t want to extend, then the Board must vote to appoint under Ch. 48, §42 for a specific term. Mr. Connors spoke in support of the negotiating team The process was picked by the
Board. He served on the performance evaluation. At no time, was the board precluded from the evaluation or the contract negotiations. Everyone had opportunity to weigh in. It was not an unfair process. They did a great job trying to come to an agreement. They did the job they were asked to do and it was an excellent job. Mr. Connors read from Ch. 41, S. 108O for police and fire chiefs. The Strong Chief was never challenged. The law is clearly spelled out. Last paragraph was read. No one is Chief for life. Mr. Connors said he supported and appreciated the work put in by Mr. Carroll, Atty. Peter Berry & Mr. Burgess. Mr. Fernandes said all members were disappointed. It is unfortunate that we couldn’t come to an agreement. Based on the Chief’s letter read earlier, Mr. Fernandes moved to reappoint Charles D. Foley, Jr. as the Chief of the Randolph Fire Department for a 3 year
term starting 10/31/06 through June 2009, pursuant to Ch. 48, §42, and [the town’s] personnel policies [bylaws]. Seconded by Mr. Alexopoulos. Mr. Wells read last line concerning appointment length. Atty. Berry did not believe that there was anything in the statute to limit the term. Mr. Fernandes amended his motion and took out “a 3 year term”. Voted, 3-2 (Burgess & Connors). Mr. Connors moved to make the appointment unanimous. Seconded by Mr. Burgess. Roll call vote – Fernandes-yes, Burgess-yes, Alexopoulos-yes, Connors-yes, and Wells-yes. Voted, unan.
Correspondence
1) Memo to Board regarding a resident’s water bill. DPW indicated they would not change the bill. Mr. Carroll will contact the DPW.
2) Received notice of Edward Murphy’s bypass appeal hearing (Fire).
3) Received notice from the Department of Environmental Affairs regarding a grant. This was forwarded to the Board of Health.
4) Received a letter from the State’s Office of Leasing and State Office Planning seeking 37,000 square feet of warehouse space. Many commercial property owners as well as the Business & Industrial Commission were notified.
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Correspondence - continued
5) Received a letter from Local 1268 asking about EEE safety. Mr. Carroll has been conducting research of other communities. The broad issue is that if a firefighter contracts the disease, we could not confirm the claim. We would need to take steps to protect the firefighters. Mr. Carroll indicated he would further his search and talk with the Board of Health. Mr. Carroll will also forward his response to the Local.
6) Received a letter from the Metropolitan Planning Organization. This will be forwarded to MPIC.
7) Received a notice of the Norfolk County Advisory Board meeting of Nov. 15.
8) Received a letter from the Blue Hills Regional to the Treasurer refunding the town’s share of costs associated with a roof replacement project funded through a district wide bond in 2001. The amount was $177,805.58. Mr. Carroll said it would not be free cash until June 2007.
9) Notice of the next liquor policy meeting to be conducted by the Executive Secretary and the Chief of Police on November 15th.
10) Copy of a letter from Chief Foley to Firefighter Thomas Labelle advising him that he must use a vacation day for his hearing.
11) Notice of hearing from Mass. Labor Relations Comm. re: Town and NEBPA.
12) Received a letter from Fallon Ambulance re: flu shots. This was forwarded to the Board of Health.
13) Elder Affairs received additional funds from their State grant. Mr. Burgess moved to accept additional grant. Voted, 5-0.
Mr. Wells thanked Mr. Carroll, Mr. Fernandes, and Mr. Connors for their work on the performance review of Chief Foley. They did a great job and it was the first time it was taken on by the Board. Some problems needed to be addressed which the Chief has done. He thanked Mr. Burgess, Mr. Carroll, and Peter Berry for trying to bring this to a successful conclusion. The Fire Chief has been reappointed. He will continue to do a good job.
Mr. Connors moved to adjourn the executive session. Seconded by Mr. Burgess. Roll call: Fernandes-yes, Burgess-yes, Alexopoulos-yes, Connors-yes, and Wells-yes. Mr. Connors moved to adjourn. Seconded by Mr. Burgess. Voted, 5-0.
Meeting adjourned at 9:50 p.m.
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CLERK OF THE BOARD
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