3 - 12 - 07
At the meeting of the Randolph Board of Selectmen held Monday, March 12, 2007 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, Town Counsel Paul R. DeRensis, and Administrative Assistant Linda M. Sproules.
Mr. Burgess said the opening prayer, and Mr. Fernandes led the Pledge of Allegiance. A moment of silence was held for Norma Roberts, longtime member of the Chamber of Commerce, James Sares, former 32-year member of the Personnel Board, and Edward Hart, retired principal of the former Stetson School.
Mr. Burgess moved to accept the minutes of the February 5/8, 2007 meeting, and the Executive Session of February 26, 2007. Seconded by Mr. Connors. Voted, 5-0.
Nancy Goggin - No Place for Hate Program
Distributed info pamphlets. Gave a history as to how she became involved. Last year the ADL ran an art contest. Of 500 submitted, 13 were chosen and her daughter was one of the winners. She contacted them to find out more about the program. Many in-school programs or mentoring programs have to paid for. The No Place for Hate Program is free. Her young daughter spoke about her picture with everyone holding hands even though they are all different they could still be friends. (DeRensis arrived.) Lyons School is mentioned in their magazine. Her picture promotes love and unity. They would like this promoted here. They would first come to the Selectmen to hold a ceremony with a declaration that this is a no place for hate community and a committee would be formed. ADL would
meet with the committee for strategic planning and an assessment of the community. If Randolph hired an outside consultant to look at the scope of the town, it would cost a lot. ADL is free. Once the needs are assessed, 3 events would be held in the year. They attended an event in Stoughton on Martin Luther King weekend. Stoughton was the first community. There are now 65 throughout Mass. After three successful events are held, the are invited to a day conference. At the end of the conference the town gets its certification. Also, if there were ever events against our program, the ADL would come in immediately. To maintain certification, two events must be held. Randolph is diverse but we have never certified the town. Mr. Fernandes said we needed to do this and moved to send a letter or whatever is appropriate that we are interested in becoming certified as a No Place for Hate community. Seconded by Mr. Burgess. Mr. Connors said it is nice to say but this would
need a coordinator. We could do a qualifying event at Town Meeting to honor. Town Meeting members would be there. He cannot chair. We need to support it with the recommendation for the first event and to coordinate. Nancy Goggin volunteered to coordinate the program. Mr. Connors felt that at Town Meeting would be best. Ms. Goggin said that once ADL is notified, a committee must be formed. She could seek volunteers. Mr. Fernandes also asked that we put out the word for volunteers to contact the Selectmen's office. The Board could forward the names to Nancy Goggin. Ms. Goggin said the Local Cultural Council could help also. Voted, 5-0.
(Mr. Burgess left to attend another meeting.)
Mass. Motorcycle Association - Request to post safety awareness signs
Wendell Davis was present to request a sign about Motorcycle Safety and awareness. This is in association with the Registry of Motor Vehicles. Over 160 sites statewide. If people look and check twice, they not only see motorcycles but also pedestrians. Some towns put up 3 or 4. Police are happy with this. Two years ago, they started a safety campaign. Randolph resident Ray Pike is a rep for the association. Awareness is key. Sites suggested by them are at Town Offices, the Gazebo, and park on North Main opposite the Higashi School. Some signs stay up for years. State Police are looking to put at all barracks. Some towns want them permanently. It is up to the town. Ray Pike asked that they stay up at least for the riding season. No cost.
Promotes awareness. Mr. Connors moved to accept and post at locations to be determined before the next meeting. Mr. Fernandes asked if there were any sign bylaws we would have to deal with. Unknown but would be checked. Voted, 4-0.
Hearing - Mass. Electric - New pole location on Sunset Drive
No one present. Hearing was continued.
Public comments
Gerald Kaplan - his problems continue. He is bothered by the Police Department, the Fire Department, ambulances, and loud noises. He cannot keep his medical appointments.
Joe Burke of Precinct 8 said he was on Jerry Richman's show a couple of weeks ago and a caller was under the impression that the override would be one time. He also asked if anything was being done on the GIC/Ch. 32B. A debt exclusion is one time, an override goes on and on.
Animal Welfare Committee
Mmembers Jean Duddy, Pat Morrissey, and Madeline Kiniklis were present. This week she received a letter from the Animal Control Officer. This new letter would require a bigger committee. She wanted to know when their services would be called on. Mr. Wells said they received an email, her letter was dated October 31st, she appeared in January. The Board then asked the ACO for ideas that they could do. Mr. Carroll said the question was put to Steve Slavinsky to show what they could help him with. He is recommending points 1-5. He worked with Lt. Crowley on this. They would work with him on contentious matters. His job is enforcement. The AWC could be very valuable on points 5 and 6. Problems come in fits and starts. This would be as needed. He did not have any
changes from the AWC. The Animal Control Officer does not want the committee to be dissolved. Mr. Connors said he could support utilizing the committee and add 2 more members. Mr. Fernandes said when this came before the Board before it was not being utilized. Jean Duddy said the original is similar. They are looking for policies. She has emailed us policies from other towns. They want to be consulted and notified of complaints. Mr. Carroll will sit down with the parties and get one document that all can agree on. Board voted, 4-0 to ask that Mr. Carroll sit with the AWC, the ACO, a representative of the Police, if the Chief agrees, and the Board of Health if they are interested. We cannot just appoint without asking department heads. Parties will work out the schedule. Ms. Duddy recommended the 5 with the ACO and then add the others for mediations only.
Mass. Electric - Dale Earnest -New pole on Sunset Drive.
Mr. Connors said that a lot of progress was being made and moved to approve the new pole location on Sunset Drive. Seconded by Mr. Alexopoulos. Voted, 4-0.
(Mr. Burgess returned to the meeting.)
Stetson grant application was signed by the Chairman last week. Mr. Burgess moved to ratify the action by Chairman. Seconded by Mr. Connors. Voted, 5-0.
Recreation Board
Richard Sass, Ron Ferreira, and Paul Maloof, Interim Director were present. No Chairman just an acting chair. Appointments: Mr. Burgess said that letters were received from Ron Jackson and Juan Carlos Serna. Mr. Wells said that Joseph DiMaggio was also interested. Mr. Connors nominated Juan Carlos Serna and Ron Jackson. Seconded by Mr. Alexopoulos. Mr. Fernandes expressed concern that Mr. Serna serves on too many committees, including the Master Plan Comm. It may be too much to handle for one person. He also didn't know DiMaggio. We need new voices for this process. Mr. Burgess said that a previous Board member had concerns which were unfounded. There are no articles for the Master Plan this year. No conflicts. If a problem developed, he would let us know. Mr. Fernandes had no concerns with Mr. Serna but felt that the Master Plan
needed the attention. Mr. Fernandes didn't share the concerns of the former member. Mr. Wells said that some people are stretched thin. It's quiet now and we can look later down the road. He didn't want to lose him. Separate votes were taken. Voted, 5-0 to appoint Ronald Jackson. Voted, 4-1 (Fernandes) to appoint Juan Carlos Serna. Board members acknowledged that both Ron Jackson and Juan Carlos Serna were present.
Recreation Restructuring was brought up many weeks ago. Mr. Wells asked for the presentation again. Interim Director Paul Maloof introduced the Recreation members. In early 2006, they proposed a reorganization. They have streamlined the staff and promoted the Asst. Rink Manager to Rink Manager and promoted the part-time pool manager to Recreation Facilities Manager. Funds are within the budget. Mr. Maloof said since the reorganization, the department has made a 180° turn. All bills are being paid. Hard work of people in the positions. They are a self-supporting department. Mr. Burgess said the Board never asked them to merge the depts. Mr. Burgess said that Mr. Maloof was to come back to see how this was to work out. Mr. Maloof said the Board had voted to support
the interim realignment plan. Mr. Burgess said they have been waiting for something. Mr. Maloof said that after the Board approved he went to Personnel. Mr. Burgess said they are waiting for the reorganization plan on how to merge the two departments (Youth & Recreation). The Board has never taken a position except to make Paul Maloof the interim Director. Nothing was merged by the Board. Mr. Maloof said he was told he was to form a human services department. But that couldn't happen. Mr. Burgess would like to know where we stand on that and the cooperation with the School Dept. All issues have been resolved to satisfaction of all parties thanks to Mr. Wells. The Board of Recreation is responsible for all costs of the High School pool. They need to get a more accurate cost of heating the pool. Recreation will meet tomorrow and again on the 27th. The pool is strictly under the jurisdiction of the
Recreation. School Committee has agreed. Mr. Wells said this is correct. Mr. Maloof said the FinCom made a recommendation for '0' funding, and then they agreed to level funding. Now they recommend no funding. Mr. Maloof said that with a merge, by end of FY08 they will provide all social services for kids and recreational services at a cost of $430,000, but the town would get it back. Rink numbers show we should close the fiscal year at $370,000. He distributed sheets. A new ice surface will allow them to increase the rates and make them competitive. They are trying to keep this affordable but pay the cost. They are accountable for what they spend. He has the support of the Board of Recreation. They are an example to other departments. Mr. Burgess again said that the Board has never merged the two departments. The two boards have different budgets. The Board is still waiting for a plan on how
these will fall under one roof. Some services might be put to another department, or we might privatize something. Which department could overrule - Youth or Recreation? Mr. Burgess said the Selectmen have not put any of this into practice. Mr. Maloof said the alignment can't stay interim. He said the staff has been severely reduced. Mr. Burgess said we need a plan on how the two can work together. We might abolish both boards. This would be a policy decision. Mr. Burgess said he wanted to see a flow chart showing. Mr. Maloof said it had been functioning for a year. Mr. Connors said the Board hadn't taken a formal vote. Put the plan in writing including making permanent the interim position. Spell it out before Town Meeting starts. If adopted, it would be one budget. If it means saying we won't have a Youth Commission or a Board of Recreation, spell it out. Mr. Maloof agreed.
Ron Ferreira said they would make sure it got done. Mr. Burgess asked about the agreement with the schools. Mr. Maloof said they needed a week. Mr. Carroll said that School Finance Director Steve Moore is preparing. Copies will be provided to the Board.
Cable TV Advisory update - Robert Stone
We are in the ascertainment process. Re-licensing starts 3 years before the end of contract. They are putting together questions and hope to complete by July. Concerning the Verizon-sponsored bill - they are drafting something. It is difficult to oppose the bill. Competition lowers prices. Cable companies have never had to deal with this. Technology grants have fallen outside the 5%. Verizon went to the FCC who said it is up to 5%. Local programming here is very good. This is supported by that money. If the legislation passes, their job becomes moot. Mr. Alexopoulos asked what type of negotiations we could do. Local programming, drops in buildings. The town (Board of Selectmen) cannot control rates or programming. We have looked at I-Net in the past. It would be considered part of the 5%. Verizon feels competition will lower prices. Mr. Stone reminded the Board that his committee is short one member. He asked for a Board member to serve as a liaison. There is
nothing to negotiate until the ascertainment process is complete. Check talent bank for volunteers - call to see if still interested.
Correspondence
1) Letter from MMA regarding Clean Energy grants. Mr. Burgess asked to see if the rink or pool or Senior Center could take advantage of this.
2) Received a memo from the Building Commissioner relative to grandfathering. Mr. Burgess said the only change was a six month window which has passed. Mr. Alexopoulos said only some businesses have received this. Mr. Burgess said this undated letter was sent out about grandfathering signs. Mr. Burgess said Town Meeting voted more than 6 months ago. Mr. Alexopoulos asked how businesses would know unless she sends a letter. Mr. Burgess said the only other grandfathering was done in 1998. Mr. Burgess said she didn't list the changed wording. Mr. Connors said the Building Dept. has been understaffed for the last year. If it wasn't done, why can't we do another round of grandfathering? There are many signs that would create a hardship on businesses. Have one public hearing and give notice to submit application and picture. Give the bylaw. Mr. Burgess said the Building Commissioner is doing this now - why now, and why leave out 6 words? Mr. Burgess said that at some
point signs have to be changed. Mr. Alexopoulos said there are people that don't know what to do. This letter is causing confusion in the business community. Mr. Burgess said it had to be done. Mr. Connors will ask the Building Commissioner to hold a public hearing for signs not grandfathered and notify the people in town. Mr. Burgess said the zoning bylaws could not be overridden. Mr. Connors said there has been a lack of staff in that office and that we could make a case for it. Building Commissioner to be asked to do this post haste. Seconded by Mr. Alexopoulos. Mr. Burgess said that Mr. Alexopoulos should not participate because his sign doesn't comply. Seconded by Mr. Fernandes. Town Counsel said if the hearing is productive, it could go to Town Meeting to be amended. Voted, 3-1-1(Mr. Burgess) Mr. Alexopoulos abstained.
3) Memo to the Board about snow plowing on Jeanne Road.
4) Boston Metropolitan Planning Organization - Mr. Carroll has the other disc that came with the letter.
5) Commuter rail memo concerning late night service - Mr. Connors moved to reject the evening train service on the Old Colony Rail Line. Seconded by Mr. Alexopoulos. Mr. Burgess said that he sent a letter in support. He said the Board didn't conduct a public hearing to allow citizens to participate. It was not good policy. Mr. Fernandes said he was puzzled that a member could write in support. Mr. Burgess said he had two supportive phone calls and that the Board had not acted. He said he spoke for his constituents. Voted, 4-1 (Mr. Burgess)
6) Letter from Randolph Police Officer Robert Audette, filling in for the Safety Officer, about A & T Livery. The livery/taxi licenses are ready for the Board's signature. Mr. Carroll said he had not seen the letter. Mr. Burgess read the letter. Mr. Wells suggested sending a letter to A & T advising that they are in support of Officer Audette's letter and bring them in for the next meeting to see where they stand. Mr. Connors suggested holding the licenses. He asked that the licenses not be issued until we have a response from them and that they obtain the proper hackney licenses. Mr. Alexopoulos said the inspections and the letter came at different times. Seconded by Mr. Wells. Licenses will not be issued until there are assurances
that hackney licenses are not issued until CORI's are done, and if not, we will bring [A & T] in to revoke. Voted, 5-0.
7) Letter from Sen. Joyce re: water sharing. The legislation sets a dangerous precedent. Mr. Burgess said to check with the DPW to find out what has happened and to stay on top of this and find out when the hearings will be. Mr. Connors said we should write to legislature and ask for hearing dates and support Sen. Joyce. Mr. Connors moved to send a letter. Voted, 5-0.
8) Letter from Homeland Security re: NIMS. Mike Lane compiled the info received from Police and Fire Department. Training has occurred. We are seeking reimbursement. Mr. Carroll has had conversations with MEMA personnel, and the forms did go in. They are looking for pre-registration for Deputies and Lieutenants for NIMS 300. This is being done. Mr. Wells asked about town government training and whether there is a timetable. Mr. Carroll said it depended on the hierarchy in the town. Building and Health, Police, managers. Elected officials have to be trained and can do it on-line. We are on target. Town Accountant is to be involved.
9) Request by Joel Swanwick to be appointed as a poll worker. Mr. Burgess moved to approve. Seconded by Mr. Connors. Voted, 5-0.
10) Notice from US Census - April 6th meeting in Newton. Someone must attend.
Mr. Wells said Comcast is advising of new rates yet they are taking away programming. Must now pay to keep.
Executive Secretary report
1. Government Reorganization
Budget: The Financial Management Team includes the Town Clerk and the DPW Superintendent. The Fin Com attends. They meet weekly. As time progresses, more figures are refined. Right now we do not have a projected balanced budget and the shortfall is projected to be $100,000. Less is needed for Blue Hills Regional and there is a smaller than expected increase from Blue Cross Blue Shield. These two changes reduced the gap. Budget projection doesn't include capital articles, DPW routine articles, any reserves for amounts that may be negotiated with Collective Bargaining Agreements, or cola's for non-union employees. Many of the Govt. Reorganization Committee recommendations are actions the Board can take prior to Town Meeting and these don't need bylaw changes. Some changes will need
legislation - looking for joint cooperation. Combining positions and departments. Recreation Dept operating as self supporting: Accounts can be set up to monitor. Employee fringe benefits to be added. Summer youth workers are covered by Workers Comp, etc. Fund a Town Planner to maximize revenues. Mr. Carroll said he has contacted reps to request that they include $90,000 as an earmark but the State is not earmarking funds. There is a difference in planners who will work to increase the tax base. It is an investment. The reps acknowledged this but offered no guarantees. Had a discussion with Jim Campbell and Mr. Wells last week. There is some excess space on the 2nd floor (Planning Board). Mr. Carroll recommended that the Board appoint a committee for a specific duration and task for recommendation to the Board as to use of space outside of town hall and within town hall. (old Police Station, Turner Lane, etc.)
There may be an opportunity to free up space in Town Hall - suggested moving the school Accounting office here. Committee could consist of a Board member, Mr. Carroll, Town Clerk, a School rep, BuildingCommissioner, and a citizen, and report to the Board with recommendation prior to May 1st. Mr. Connors moved the recommendation as long as all buildings are looked at: Town Hall, Senior Center, all buildings. (For Town Meeting). Seconded by Mr. Alexopoulos. Voted, 4-1 (Mr. Burgess). Mr. Connors volunteered. Mr. Carroll will speak to others. Youth/Recreation was discussed earlier. Government Restructuring letter is dated January 16th and the Board is moving forward.
2. Great Pond Commerce Center update
Mr. Burgess said he left info on chairs last week. The newer of the 2 Dunkin Donuts buildings is being renovated and is almost 90% leased. The proposal shows new development of a 200 room hotel with office building. This meets regulations. The other proposal is a 142 room hotel and 3 work-where-you-live concept. Boston University bought one and they are turning it into a bio-tech facility. This encourages people to live where they work long hours. This proposal is being marketed by C.B. Ellis who has the experience. It will bring foot traffic back to North Randolph. The developers would like the support of the Board. It meets all zoning requirements. Mr. Alexopoulos asked what type of companies are interested. Two buildings are office space - accounting firm, venture
capitalists, legal office. The biotech is not on this plan. Mr. Alexopoulos asked if this was a tax free issue because it is a university? Mr. Burgess said the Assessors have looked at it and they have not asked for relief.
Board:
Mr. Connors referred to the money for a planner and said that it was in the paper today that [Norwood Selectman] Bob Coughlin is the undersecretary of Commerce and Development (job creation in the Commonwealth). Mr. Connors suggested he be called about a funding mechanism.
Mr. Wells said the Board voted to accept the minutes of the executive session of 2/26/07. There was a vote to pay additional money to a department head. Mr. Wells moved a reconsideration of that vote. Mr. Alexopoulos seconded. Mr. Burgess read the vote. "Mr. Alexopoulos moved to find $2,000 to give him. Mr. Carroll said there was no money in the Town Accountant's account. Mr. Alexopoulos agreed to prorate for the balance of the year. Seconded by Mr. Wells. Voted 2-1-1 by roll call: Burgess-no, Fernandes-abstained, Alexopoulos-yes, Wells-yes, Connors-no." It brought the Town Accountant pay to $65,000. Voted, 3-0 2 abstentions by Mr. Burgess and Mr. Connors." Mr. Wells moved to reconsider the vote and that the compensation that was in place prior to
Mr. Alexopoulos' motion and vote remain in place. No change in pay. Voted, 5-0.
Articles
Articles were reviewed. They are not in order. Mr. Carroll would like to group them as per his list.
1 ok
2 ok
3 delete
4 Mr. Burgess moved no because it is exclusionary. Voted, 3-2 (Mr. Alexopoulos, Mr. Fernandes opposed)
5 Town Counsel said this is automatic to strike - Mr. Burgess moved to strike. Voted, 5-0 to strike.
6 Mr. Burgess moved to strike article 6. Part of Article 1. Voted, 5-0.
7 Mr. Burgess moved to delete article 7. Part of Art. 2 Voted, 5-0.
8 Town Counsel said in most warrants there are several standard articles that come before the omnibus budget. Mr. Connors said this was supposed to be at a Special Town Meeting within the annual Town Meeting. Town Counsel said a Special Town Meeting requires a 90% vote, and an Annual Town Meeting an 80% vote. A huge deficit needs to be taken care of first. Mr. Burgess said we have closed the warrant. We could do a special. Mr. Connors said edits by Town Counsel do not include new articles. Mr. Connors said he would recommend a Special Town Meeting. Put in the annual next year. Mr. Carroll said there are 3 unpaid bills - unpaid wages, an unpaid bill in accordance with a Collective Bargaining Agreement, and transfer of money from Stabilization to pay Workers Comp bills, and accept a gift of land. Mr. Carroll said if we hold a Special Town Meeting on the first night, we would not have reached Omnibus. Mr. Alexopoulos moved to open the warrant for a Special Town Meeting for
the items listed by Mr. Carroll. Mr. Burgess would rather have a list. Hold.
9 Stabilization ok
10 Mr. Connors moved to not include - GIC - not a legal article. Must be opted out by Board not by Town Meeting. Board needs to sit with teachers before Town Meeting. Seconded by Mr. Burgess Voted, 5-0.
11 ok
12 non-union ok
13 Mr. Connors moved to delete. Seconded by Mr. Fernandes. Voted, 4-1 (Mr. Alexopoulos)
14 Mr. Connors moved to leave in until we get info. Can withdraw later. Voted, 4-1 (Mr. Burgess).
15 Town Counsel said there could be listed amounts. Board needs to be able to vote on the capital items that go in the omnibus capital article. Voted, 5-0
16 ok. Board can speak to proponents and signatories can agree to leave out
17 Town Counsel said if there are citizens petitions for capital articles -put them all on one article with items listed. Mr. Connors said this was a belt and suspenders approach, getting two bites of the apple. Town Counsel recommended the omnibus capital article be done first and then take no action in later articles. Town Counsel said the omnibus Revolver, Budget, Capital, and CPA need to be up front.
18 should be in operating budget.
19 ok
20 ok
21 withdrawn
22 Omnibus Capital
23 Omnibus Capital
24 Omnibus Capital
25 Omnibus budget
26 ok
27 delete
28 Omnibus Capital
29 Omnibus budget
30 Omnibus budget
31 Omnibus budget
32 Fire Chief Civil Service ok
33 ok
34 FinCom ok
35 delete
36 ok 5-0
37 Delete and put in budget 5-0
38 ok 5-0
39 Rescind zoning ok
40 Rescind zoning ok - Town Counsel said they did not edit or comment because of signatures. It would incorporate by reference all those parcels. Too far reaching is not a legal basis.
41 delete
42 delete
43 ZBA zoning, as edited it was turned into 3 articles. Explanation can follow after each of the articles per Town Counsel. Mr. Burgess said that is not the intent of the warrant. Mr. Fernandes said the explanation could go in the Finance Committee report. Town Counsel said there are towns that have the Board of Selectmen do informational summaries. Mr. Burgess said this is an explanation by petitioner not the town. It is their opinion and it is not appropriate per Mr. Burgess. Insert without explanation. Let petitioner provide a handout. Town Counsel explained the Mullen Rule about missing a hearing and being in on a decision. Some lawyers interpreted it as you can't miss half the hearings. Legislation was inserted to change this - the Governor sent it back to insert
"one meeting". If there are 20 hearings on a comprehensive permit you are stuck with only being allowed to miss one meeting. If there is only one hearing, you don't have to attend but can still vote. The other problem is that it requires as part of its adoption that you select a type of adjudicatory hearing. At Town Meeting you need to develop a consensus among boards to see if they want it and what kind of hearings. Should it apply for Planning Board and Conservation Comm.? Need to communicate to all boards - it could apply to the Board of Selectmen.
Develop information for motion. Many communities have considered this and not done anything. They do not have a recommendation. They are hoping for better legislation or a test case. Mr. Burgess moved to send it back to ZBA, etc. Seconded by Mr. Connors. Mr. Alexopoulos said at the ZBA, if you miss one meeting you can't vote. Town Counsel said the law is not clear. It depends on the total of meetings. Mr. Alexopoulos asked if was sent back is it gone for this Town Meeting? Affirmative per Town Counsel. Town Counsel cannot write a motion until he knows the positions of all regulatory boards. Mr. Connors said to do it at Town Meeting would cause confusion. 43, 44, 45 to go back. Voted, 3-2 (Mr. Fernandes, Mr. Alexopoulos).
44, 45
46-57 include per Mr. Connors. Mr. Burgess said that the references are not correct.
46 Mr. Connors Mr. Alexopoulos Voted, 5-0
47 Mr. Burgess it is not in current bylaws. Not necessary, delete. Voted, 3-2 (Mr. Alexopoulos, Mr. Connors)
48 ok Mr. Connors. Voted, 5-0
49 is not needed. Mr. Burgess said 16.1 does not deal with variances. Mr. Burgess moved to delete. Mr. Connors seconded. Motion failed, 2-3 (Mr. Connors, Mr. Burgess in favor of deleting)
50 ok Voted, 5-0
51 Mr. Burgess said it does not reference the correct book. Town Counsel said the books are not updated. Mr. Alexopoulos said errors can be fixed. Mr. Burgess said they were published and hearings held. OK
52 Mr. Burgess, Mr. Connors to delete. When this was created the houses down Canton Street were deliberately left out. Voted, 4-1 (Mr. Alexopoulos)
53 Mr. Burgess delete, Mr. Connors seconded. Town Counsel said the article seeks to add a general bylaw about eminent domain. If there is a defective eminent domain case it can create a cloud on title. If there is a bylaw, we can't round off corners, or fix intersections. Mr. Alexopoulos asked how would you prevent a shopping development. Town Counsel said Town Meeting has to vote it. He said this would tie the hands of the town. It is not in the best interests of the town. It is not necessary. Voted, 5-0.
54 Mr. Burgess moved to delete. Not necessary. It conforms with the Table of Allowable Activity. Seconded by Mr. Connors. Voted, 4-1 (Mr. Alexopoulos)
55 - Town Counsel cleaned up the language. Mr. Burgess said how do you do this in a zoning bylaw. Town Counsel said this is for comprehensive permits. Mr. Alexopoulos keep in. Mr. Fernandes seconded. 3-2 (Mr. Connors, Mr. Burgess)
56 re-written by Town Counsel. Mr. Connors moved to leave in 56 and 57 as re-written, seconded by Mr. Alexopoulos. Mr. Burgess asked to separate. 4-1 (Mr. Burgess) to stay.
57 No room on allowable table Voted, 4-1 (Mr. Burgess) to keep in.
58 ok
59 ok
60 ok
61 ok
62 ok
63ok
64 ok
65 ok
66 Mr. Connors Omnibus Capital article. Voted, 5-0
67 Traffic Supervisors
68 SEIU
69 withdrawn
70 IBPO (police employees)
71 IAFF
72 Omni revolver 5-0
73 ok
74 ok
75 ok 5-0
Mr. Burgess moved to sit with Town Counsel to review outstanding legal issues. Town Counsel asked for an executive session at the next meeting to discuss a couple of issues that need to be addressed. Okay for 3/26. Mr. Burgess said particularly with National Grid. Mr. Alexopoulos said to have it before the meeting at 7 pm. Atty. Kim Saillant has requested this for National Grid and another matter. Mr. Connors suggested a meeting in two weeks at 9:00 p.m., executive session starts at 7:00, or just have an executive session for litigation only. Board would open in public at 7 p.m., go into executive session, and resume the open meeting around 9 pm.
Mr. Burgess asked about the graffiti on the building on Chestnut Street. Mr. Carroll said he would be going there at 3 p.m. tomorrow as he has already been advised of this.
Meeting adjourned at 11:01 p.m.
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CLERK OF THE BOARD
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