11 – 13 – 06
At the meeting of the Randolph Board of Selectmen held Monday, November 13, 2006 the following were present: Chairman Richard W. Wells, Vice Chairman and Clerk James F. Burgess, Jr., members William Alexopoulos and Paul K. Fernandes, Executive Secretary Michael J. Carroll and Administrative Assistant Linda M. Sproules. (Selectman Connors was absent due to family illness. Town Counsel DeRensis was attending another meeting.)
Mr. Burgess said the opening prayer, Mr. Alexopoulos said the Pledge of Allegiance.
Mr. Burgess moved to accept the minutes of 10/30/06, 11/1/06, and 11/6/06. Seconded by Mr. Alexopoulos. Mr. Fernandes asked that the minutes of 10-30-06 reflect that the vote on question 1 be corrected. Mr. Fernandes said that he wasn’t opposed to the question, by rather that he wasn’t in favor of talking about any of the questions. The motion was as follows: Mr. Connors moved that this Board go on record, as being opposed to question #1. Seconded by Mr. Burgess. Mr. Fernandes said the vote on 10/30/06 should reflect 2 in favor of the motion (Connors, Burgess) and 2 opposed to the motion (Wells, Alexopoulos) and 1 abstention (Fernandes). Mr. Fernandes said that at the 11/1/06 meeting with the School Committee he talked about reactivating “Randolph
Achieves”. He realized that his conversation with Chairman Azer was not part of that meeting. Voted 4-0 to accept the minutes of 10/30/06, 11/1/06, and 11/6/06, as amended.
Policy on access to Town Counsel
Mr. Carroll said that pursuant to Mass General Law the use of Town Counsel is for town officials only as authorized by the Board of Selectmen or their designee. This is done to control costs. Mr. Fernandes has drafted a policy. Town Counsel would respond only after a request was approved by the Chairman of the Board or the Executive Secretary. Important to control this. Town Counsel is in favor. Vote a policy to be in effect today. We want to make sure the language works. Mr. Burgess asked to delay vote for full Board. Mr. Wells agreed. Mr. Fernandes said he needs a copy of the form to attach to the policy. He agreed to wait for next meeting.
Correspondence
1) The Talent Bank form needs updating. Members were asked to make comments, additions, and/or deletions.
2) Received a letter from i2 Development withdrawing their Special Permit application for wireless communications on the tower at 10 York Avenue.
3) Received a letter from the Assessors that they will be ready for classification on 12/18. Mr. Wells asked for that to be the only order of business that night. We are meeting the 11th (changed from the 4th) and on the 18th. Tax information should be available soon. The delay is due to the change of accounting programs and the new computer system. Our auditors are preparing the closing this year. Mr. Burgess said that we usually have the info at least by the meeting before. Mr. Wells said he’d like the info ready for the 11th. Mr. Alexopoulos said this could be put on the website. Mr. Burgess moved to set tax classification pursuant to the provisions of Chapter 369 of the Acts of 1982 for December 18,
2006 @ 7:05 p.m. Seconded by Mr. Alexopoulos. Voted, 4-0.
Hearing – Tomato & Cheese – Request for Common Victualler Beer & Wine license at 892 North Main Street
Legal notice was read. Attorney John Gallagher and owner/manager Harry Alexopoulos were present. Selectman William Alexopoulos said they are not related. He has been at this location 11 years. Looking for CVBW to compliment his food business. Letter from Police Chief was read. No opposition. Letter from Building. Violations will be corrected. Letter from Fire Prevention. No violations. Letter from BOH. He has a valid food service permit. Opposition: Frank Bourbeau of 21 Canton Street said he borders the property. The Convenience Store made a request for this years ago but was turned down by the Board. This location is across from the Temple. There is not much parking. Beer bottles and litter are still being thrown over the fence. Judy Gangel of 18 Harris Street expressed concern that this area is an extension of the youth center. If a beer & wine license were issued, it would put the owner under tremendous pressure for checking ID’s. If it could be separated
from beer she would be in favor. Robert Knighton said he lives directly behind the plaza. Kids still go over or through the fence into his yard. He has a garden. There is too much noise and fights now. There was no other opposition. Mr. Wells asked, three times, if there was anyone present to speak in favor. There was no response. Mr. Fernandes asked about the building violations. Harry Alexopoulos said it was for emergency lights which have been fixed. Hours now are Monday-Thursday 11 am to 10 pm, Friday & Saturday 11 am to 11 pm, and Sun 11 am to 9 pm. Seats: now 26, he is planning on 30, the capacity is 36. The floor plan was reviewed. This is for consumption on the premises only – bottle and draft. Selectman Alexopoulos asked about sales projection. Harry Alexopoulos estimated maybe $200 per day and said that it is a small restaurant. No other establishment sells around him. Ages
that frequent the restaurant are 25-50. Mr. Burgess said he was concerned with the way the facility is set up. The seats are tucked around the corner and he didn’t feel that management would be able to keep an eye on the dining room. Mr. Burgess was concerned about the younger crowd. Harry Alexopoulos said he waits tables now because he doesn’t have waitresses. He will always be there looking. He would hire professional wait staff. He is taking the alcohol education course on Nov. 20th in Quincy through AIM. Selectman Alexopoulos said the business was similar to others in town, like Sal’s. Mr. Fernandes asked, if approved now would it run until the end of the year. Yes. Mr. Wells also expressed concern about the corner and blind spots. The clientele is young. Harry Alexopoulos said he has cameras. Not many kids come in and he would not serve them. Mr. Fernandes
said that Sal’s has a similar set up. Mr. Burgess felt that the location was not conducive to alcohol, and that it was a young person’s hangout. Harry Alexopoulos said his clients are working people coming in for lunch or supper. Selectman Alexopoulos said there are not a lot of restaurants that have this in town. He named Lynwood Pizza and Papa Gino’s - both family restaurants. Selectman Alexopoulos said he didn’t have a problem and that “if he screws up, we take it away”. Mr. Wells said neighbors are concerned about clean up. Mr. Wells said he observed a bottle being thrown over the fence. Harry Alexopoulos was told to see the landlord about this situation. Mr. Knighton said he has lived there for 37 years. Many nights the noise is too loud from the young people hanging around. Mr. Fernandes asked if the noise is from the parking lot. Mr. Knighton said it was out front and
behind the building. Mr. Bourbeau said there is trash and it is not picked up. He has lived there for 56 years. It should not be approved. Mr. Burgess moved to deny the request. Seconded by Mr. Wells for discussion. Mr. Burgess said he did not believe the location with the number of young people hanging around is not in the public good to sell and serve. Selectman Alexopoulos felt the opposite stating that there were many establishments like this. Mr. Burgess’s motion failed, 1 for (Burgess), 3 opposed (Wells, Alexopoulos, Fernandes). Selectman Alexopoulos moved to grant the license as requested. Seconded by Mr. Fernandes. Mr. Wells said he was torn. He said this would be a trial run until January 1st. Linda pointed out that this still has to go to the ABCC for approval which usually takes a few weeks, and that he may not have a license until the first of the year.
Mr. Fernandes asked, if the Board granted a license, could we review it anytime. Yes. Mr. Fernandes amended to get clarification of the building corrections, the license would not become effective until there was TIPS training for Mr. Alexopoulos as well as any employees. Mr. Wells requested a mandatory review three months from date of issuance. Mr. Burgess said it could be an agenda item or at Board’s pleasure. Prior to end of 90 days, the Police could provide the history, if any. Mr. Wells said the neighbors. Mr. Knighton said the convenience store is open 24 hours. Judy Gangel requested a police detail on weekends. Voted, 3-1 (Burgess opposed). Mr. Bourbeau said this was less than 500 feet from the Temple. Mr. Burgess said Temple Beth Am was notified of the hearing and did not show up to object. Mr. Bourbeau asked why the Convenience store was denied a few years ago. Mr.
Burgess said he wasn’t sure.
Friends of Randolph Seniors – Accept gift
Elder Affairs Director Rena Baker read a letter on behalf of seniors gifting the town with $1,000 to help pay for a second van driver. Ms. Baker asked the Board to accept this and any future gifts from them. The details for hours, etc. have been worked out. She thanked the Friends for putting through this effort. Mr. Wells said the notes from Mr. Carroll were clear. Mr. Carroll and Mr. Lane met with them to eliminate exposure. This would be consistent with the current driver but not more than 5 hours per week. Mr. Burgess moved to accept the gift of $1,000 for Randolph Elder Affairs from the Friends of Randolph Seniors. Voted, 4-0.
Public Comments
Gerald Kaplan – noise and harassment ongoing. Has to go to Dana Farber this Thursday. Asked for help and accommodation.
Judy Gangel – said she sent a letter to the Board asking for 5 minutes on agenda to provide recycling info. Mr. Burgess said the request was received and put in the correspondence book to be read. She asked for the extra time. Mr. Wells asked Ms. Gangel who appointed the recycling committee. Ms. Gangel said they are an ad hoc volunteer committee appointed by no one and sworn by no one. She said this is to further the goals of the Board of Health. She has asked the Board of Health to appoint them. Mr. Wells asked who the members are. Ms. Gangel said she is the Chairman and the other members are Health Board member Mark Kittredge, Carole Ward, Gene Avrus, High School students D.J. Madrigal, J.J. Wen. Others have been on and took leaves, i.e. Kathy Merza. Ms.
Gangel has consulted with her regularly. Ms. Gangel said she had been involved for at least 3 years. She reviewed old Board of Health records to determine how it was formed. Citizen activists started it. The Town Clerk has never sworn any of them in.
Ms. Gangel said she has attended many regional workshops for recycling. These coincide with the EEPE vendor fair. She attended a meeting regarding diesel/particulates. She received bid specs and gave same to Mr. Carroll for distribution. She also gave CD’s of these. There is a seminar on November 17th regarding the transitioning to low sulphur diesel.
Town-wide clean up was last Saturday – 59 students. Thanked several businesses for their donations. 16 volunteers chaperoned and cleaned. Ms. Gangel said that prior to the clean-up they have typically started at the Town Hall porch and had pizza and drinks at the Town Hall. This year she was told she could not use the Town Hall. She said she wasn’t taking no for an answer. She made calls to every Selectman starting with Mr. Wells and left a message. She left voice mails for Mr. Alexopoulos and Mr. Connors. She called Mr. Burgess who said it was up to Michael. Ms. Gangel disagreed with him and said he made inappropriate comments. Mr. Alexopoulos called her back and she told him what Mr. Burgess said to her. Mr. Alexopoulos opened the building for
them before 9:00. Mr. Wells asked her why she waited until Friday night to ask the Selectmen. Ms. Gangel said that Mark Kittredge said it was okay. Mr. Carroll said he received a call from Linda on Wednesday. He disapproved for several reasons: The recycling committee is not a body of the town. Town Hall cannot be used by non-entities. The only body with the authority to appoint is the Board of Selectmen. If the Board had a sub-committee for recycling he would not have refused. He would respond consistently with the next group of citizens. If members had known prior to Friday night, he might have been able to do something. Ms. Gangel said Mark Kittredge was going to call John McVeigh to take care of it. She was concerned with the number of students who signed up only to eat on the porch.
Ms. Gangel said we have until next spring to work out the next one. She requested an explanation and apology from Jim Burgess. She resented his comments to her on the phone. Mr. Burgess said he would not apologize. He said that she calls him three times per week. He had a personal conversation with her on his home phone. He told her that he was not going to overrule Michael. Mr. Wells said that Michael Carroll and Linda Sproules are in charge of the building during the day. Mr. Wells said Mr. Carroll did the appropriate thing. Maybe we will square it away later. Ms. Gangel asked if Mr. Kittredge is considered official. Mr. Wells said “no”. Mr. Fernandes thanked all the volunteers for their hard work. To keep it from happening again, Mr. Fernandes said we would
need to have an official recycling committee. He said the Board should ask the Board of Health if they want us to appoint a recycling committee. Mr. Fernandes moved to ask the Board of Health for their thoughts on appointing a committee. Seconded by Mr. Burgess. Voted, 4-0. Ms. Gangel said she might put an article in to form an Environmental Affairs Committee.
Firefighter/EMT Patrick Connors recognized Dan Geary and Joe Gallant as the Department’s new paramedics. Still collecting Cell Phones for Soldiers for the holidays. They collected 1,000 cell phones in 1 year to purchase $5,000 in calling cards.
Letter from Personnel regarding the Asst. Animal Control Officer. Mr. Carroll said background check had been attempted but the agency was reluctant to disclose information. Mr. Lane and Mr. Carroll had discussed the performance appraisal system. Rather than wait 6 months, he suggested they take a purposeful look regularly within that period. Manage that person. Mr. Burgess asked for something in writing. Mr. Carroll said if the person is actively managed it would minimize any risk of uncertainty. Mr. Burgess moved the recommendation of the Executive Secretary and Personnel Director to appoint Franklin Cederholm as Asst. Animal Control Officer. Seconded by Mr. Alexopoulos with the usual stipulations, annual appointment, and subject to successfully passing the required physical and
neuro-psychiatric exams. Voted, 4-0.
Local Building Inspector - Interview was held today. Mr. Lane and Mr. Carroll met because Ms. McNeil had jury duty. He spoke to Mr. Connors today who requested that action be deferred. Mr. Burgess moved Mr. Connors’ request. This will be scheduled for November 27th.
Veterans Director Jim Campbell was present to talk about an RFP for the Senior Center roof. He is ready to advertise. Inspection of premises on 11/27. Open bids on 12/6. Mr. Carroll said snowfall on the roof will affect timing. Weather permitting. Work to be completed by Jan. 31st, weather permitting. Mr. Burgess moved to grant permission for Mr. Campbell to advertise and go out to bid for the Senior Center roof according to the schedule as previously said. Seconded by Mr. Alexopoulos. Voted, 4-0. They have made arrangements with the Sheriff’s office to paint the interior.
Report of the Executive Secretary
Gave a heads up on the Treasurer’s plan to issue additional authorized debt.
Town Meeting timeline: Possible override. Town Counsel had asked that the Town Meeting date be deferred from May 7th to May 14th. Mr. Carroll said the Board needs to open the warrant to establish the target date. Bylaws require closing no later than Jan. 15th. Mr. Carroll said he had met with the Clerk, Moderator, etc. and they are fine with the later date. Many can begin drafting their items now. Articles submitted by town agencies should be accepted by the Board of Selectmen without signatures. Town Counsel said he doesn’t have the flexibility (of time) unless he gets the articles all at once.
Mr. Carroll said the MAPC is holding a session at Lombardo’s about what the area should look like. This will be put on the website.
Correspondence continued
1) Email from Margaret Gazzara was read. Mr. Burgess clarified that he said “he would be fiscally irresponsible”.
2) Notice of Smart Growth grant received by MPIC.
3) Letter from Rep. Walter Timilty House – new laws – get to Mr. Carroll for Walter.
4) Letter from Jean Duddy re: Board of Selectmen not including the Animal Welfare Committee. Does the Board still want the committee?
5) Email from Arthur Goldstein enclosing several articles. Mr. Carroll said these have not been submitted by the FinCom, but these are being reviewed by them.
6) Residents of Unit 1712 Irving Road want to discuss water/sewer bill. We would like to purchase postcards for quick replies to citizens so that they know where something has been forwarded. Mr. Wells said he had gotten calls and now letters and he would like to know how the DPW is handling this. Maybe some DPW board member should come in.
7) Letter from Sen. Joyce – a trail grant. Filed with MPIC and OS&R.
8) Letter from John McVeigh about the Senior Center needing a roof.
9) Letter from Town Accountant re: UMAS
10) Letter to Chief Foley from Mr. Carroll re: sleeping quarters/arrangements. No response from Chief Foley yet. He will follow up tomorrow. Mr. Burgess said the Board needed to follow up on Mr. Carroll’s asking what action has been taken.
11) Sick leave liability listing provided by Personnel.
Requests
Email from Judith Gangel requesting time on agenda.
Zamboni drivers; - Daniel Moore and Michael O’Malley. Mr. Burgess moved to hire Daniel Moore as Zamboni driver. Seconded by Mr. Wells. Mr. Alexopoulos asked about interviews. Mr. Carroll said part-timers and seasonal are hired by Recreation. Mr. Lane will sit in on future interviews. Voted, 3-1 (Mr. Alexopoulos). Mr. Burgess moved to hire Michael O’Malley as Zamboni driver. Seconded by Mr. Burgess. Seconded by Mr. Fernandes. Voted, 4-0.
Chief requested No Thru Way signs be put in McNeil and North entrance.
Mr. Wells said he had a problem and the Board needed to work on the exact language. Mr. Alexopoulos said we needed access to the right (north) side. Mr. Alexopoulos said that traffic calming is needed.
Liaisons:
Mr. Fernandes asked if the liaisons had been re-established. Not yet per Mr. Wells
Mr. Fernandes said the Board and the School Committee met to see how the Board could help turn around the perception of the Schools. Went over several issues needing to be addressed. This is not a short term matter. We need to do whatever we can to help turn this around. March election is to include override question(s) as a result of that meeting. Randolph Achieves Committee should be reactivated. This was discussed with Mr. Azer and Dr. Silverman. The two committees should be able to work cooperatively as this is a serious situation.
Mr. Fernandes said he would like Mr. Wells to schedule some quarterly reports from the Board appointed representatives to the MWRA, MBTA Advisory Board, MAPC, and the Norfolk County Advisory Board also.
Mr. Fernandes said that he recently completed the performance evaluation for the Fire Chief. These need to be done for other department heads.
Mr. Fernandes said the holiday lighting ceremony is November 30th at 6 p.m. followed by a holiday stroll down North Main St. with refreshments. The Randolph Women’s Club also has a Winter Showcase at the Jonathan Belcher house that night.
Mr. Burgess asked if the Library Director had given authority for outside groups to speak on behalf of the Library. Mr. Carroll will be meeting with him tomorrow.
RHS Hockey merged with Blue Hills but it is not being treated as a town team. The Recreation Department is charging the team ice rental. Mr. Wells said there would be a meeting tomorrow with various dept. heads to put together a contract on the use of pool and rink, not necessarily the money. Mr. Burgess said the ice arena comes under the Board of Selectmen and under no circumstances would we charge RHS a fee. Mr. Burgess moved that no fee is to be charged to RHS/BHR hockey team. Mr. Carroll asked if he could deliver it verbally first. Mr. Burgess wanted the director to know it is not a suggestion, it is policy. Mr. Wells said there had been some misunderstanding. Mr. Wells said it is intended to get answers and not charge any department in the town a fee. Contract is to
handle liability issues, etc. Mr. Wells said no motion is needed and it will be taken care of. Mr. Alexopoulos said he doesn’t know about the emails. Mr. Burgess said they didn’t come to the Board but they are floating around. Mr. Fernandes said he would allow Mr. Wells and Mr. Carroll to pursue. Mr. Fernandes said he was shocked by letters and he would like it pursued. He was willing to take a vote. Mr. Wells said it goes both ways. Mr. Carroll said it is too late to post so he would keep the Board advised. The pool and the rink do not operate on enterprise funds. The intent is to develop an interagency agreement. Mr. Burgess believed this was worked out with Brian Howard and previous members.
Mr. Burgess moved to adjourn. Seconded by Mr. Alexopoulos. Voted, 4-0.
Meeting adjourned at 9:40 p.m.
James F. Burgess, Jr.
CLERK OF THE BOARD
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