4 - 9 - 07
At the meeting of the Randolph Board of Selectmen held Monday, April 9, 2007 the following were present: Chairman Richard W. Wells, Vice Chairman and Clerk James F. Burgess, Jr., members William Alexopoulos, Paul J. Connors, and Maureen C. Kenney, Executive Secretary Michael J. Carroll, and Administrative Assistant Linda M. Sproules.
Mr. Burgess said the opening prayer and Mr. Alexopoulos led the Pledge of Allegiance.
Swearing in
Town Clerk Brian Howard performed the ceremonial swearing-in of new Selectman Maureen C. Kenney. Former Selectman Maureen A. Dunn was introduced and offered words of support. Ms. Kenney thanked her supporters.
Board Reorganization
Mr. Wells nominated Paul J. Connors. Seconded by Mr. Burgess. No other nominations. Voted, 5-0. Mr. Connors thanked the members and Mr. Wells for his leadership this past year. This will be a difficult year. He would like to try some different things this year. He got the message loud and clear with the override. He will work hard to do this. Mr. Burgess nominated Mr. Wells for Vice Chairman. Seconded by Mr. Alexopoulos. No other nominations. Voted, 5-0. Mr. Connors said the meetings of the Board will start promptly at 7:00 p.m. and end by 11:00 p.m. Community Speaks is for two minutes per person only with no extra given. There are to be no surprises added to the agenda after Friday afternoon.
Hearing - National Amusements - Request for Common Victualler All-Alcoholic at 73 Mazzeo Drive
Atty. Kevin Reilly and Sr. Vice President William Towey were present. Legal notice was read. List of requirements was completed. Notice to abutters was done. Issuance would allow them to remodel Theaters #12 and #13 theaters for VIP seating. It would be set off for wait staff, similar to The Garden. Rear or top of auditoriums replacing seating there. Access would require special ticket entering from mezzanine level and controlled. Plans were provided to the Board. An area for food and beverage would not be accessible to those without special tickets. When the cinema was constructed, it was the first with stadium seating. This will be a first. They understand the importance of a CVAA. They have had many one day licenses. All staff in the area will be tips
certified. Police will be kept informed. Bill Towey said they have started these in other areas of the US with a bar/lounge. They are experienced in this area. In 6 years, not one incident. This would be a prototype where they are sectioning off areas for service and dining. They prepare their foot and supervise the staff who will be TIPS certified. The plan was passed around the room for the audience. PJC said the list that is referred to is our requirements for alcohol licenses. He read the list. Letter from Board of Health indicated they hold a valid food license. Letter from Police Chief indicated no opposition. Letter from Fire Department indicated no code issues. They would like to be informed of any special licenses, i.e. entertainment. Letter from Building Commissioner indicated that this is in the Great Bear Swamp Highway District. Mr. Connors asked if there was anyone present to speak in
favor: Judy Gangel said they have been good businesses and residents. Their menu is affordable. She asked if the loge be handicapped accessible, and if they intended to remove the partition if they rent out the auditorium? Atty. Reilly said the access/egress is handicapped accessible with HP seats. Bill Towey said they hadn't planned to service the entire auditorium; it would be up to the Board of Selectmen for a private party. Jim Campbell said they have been good to the town's organizations and he felt the town should allow it. Joe Burke supported but asked about the one day beer & wine licenses for the Red Sox. Mr. Connors said these are in a separate location. Maureen Dunn said of all the corporate companies that come before the Board, they are very supportive and when they appear before the Design Review Board they are always in compliance and prepared. No one else spoke in favor. That portion of the hearing
was closed. Mr. Connors asked, three times, if there was anyone present to speak in opposition. There was no response. That portion of the hearing was closed. Ms. Kenney said she was in favor. Their plan is clear, it would be good for National Amusements; and would be a welcome addition to the community. Mr. Burgess asked if the left side wait area would be closed to the public. Affirmative. Seating capacity is 403 in each [auditorium] now. After the work, it would be 383. Mr. Alexopoulos asked where patrons would enter. Atty. Reilly said rather than enter from the lowest level; it would be through the mezzanine. Carding would be done by a staff member; under 21 would wear wrist bands. Mr. Towey said the balance of the auditorium would still be accessed by the lower level. Mr. Alexopoulos noted that the liquor would be in the upper section only so that 46 patrons in each would be served. Mr.
Wells said the barrier eliminates an egress. They acknowledged that they did not have fire approval yet. Mr. Wells said he would not be in favor until this had been addressed. Mr. Connors asked about the proposed hours. Mr. Towey said it would be a typical 4:00 p.m. to close (1:00 a.m.) Monday through Sunday. Mr. Connors asked if they had talked to Police about details. Atty. Reilly said he talked with Chief Porter who planned to monitor to see if any changes needed to be made. Mr. Burgess said the building issues and the fire issues would be addressed when they apply for the building permit. Mr. Burgess said that under the Table of Allowable uses a restaurant is allowed. This complies and it is not a non-conforming use. Ms. Kenney asked for clarification of fire egress. Atty. Reilly said the Fire Dept has had access but the real sign off would be during the building process. Mr. Connors said the vote could be "subject to" and that no license be issued unless an
occupancy permit is in hand. Mr. Wells said if the Fire Department was satisfied and the Building Commissioner was satisfied, then he'd be okay with it. Mr. Burgess had no problem with a conditional approval, but he did not want the building permit held up because of an interpretation of the Table of Allowable activity. The Executive Secretary was to come up with a solution to this. The use of the building has not changed. Mr. Wells saw no problem. Mr. Alexopoulos moved to approve the CVAA [to National Amusements/Showcase Cinema] for Auditoriums #12 and #13 for 46 seats in each cinema, changing the occupancy in each to 383 patrons, subject to approval of the Building Commissioner and subject to approval by the Fire Department for egresses, and subject to the Police Department for the solid barrier wall and details, if needed. Hours to be 7 days per week, 4 p.m. to 1:00 a.m. Seconded by Mr. Burgess who asked to remove the detail part
because if the Chief wants it he'll require it. Mr. Alexopoulos agreed to strike "details". Mr. Burgess added "consistent with the Building Commissioner and the State Building Code. Voted, 5-0. The cinema requested 18 one day licenses for Red Sox games - Beer & Wine. Police details would be in place. Atty. Reilly said all games are being requested all at once for a smoother procedure. These will be in other auditoriums. This is for game specific. This will be the 4th year for this. Mr. Burgess moved to approve. Voted, 5-0.
Hearing - The Breakfast Connection - Request for Common Victualler Beer & Wine at 573 South Main Street
Susan McGrory was present. All requirements were met. Legal notice was read. Open for dinner three nights per week for dinner. She had a license 2 years ago but gave it up because she stopped opening for dinner. Mr. Connors asked if there was anyone present to speak in favor: Robert Caparella of LaScala recommended that she get the license back saying it would be good for the town. David Willis of Rotary also recommended the license. He said that Rotary meets there and it is a well run establishment with attentive wait staff. He said she does a great job. Mr. Connors asked, three times, if there was anyone else present to speak in favor. There was no response and that portion of the hearing was closed. Mr. Connors asked, three times, if there was anyone present to speak
in opposition. There was no response and that portion of the hearing was closed. Letter received from Fire Department indicated no violations. Board of Health letter stated she had a valid food permit. Building Commissioner letter indicated approval. Police letter indicated no opposition. Mr. Wells asked what nights she would be open. Thursday, Friday and Saturday she serves dinner until 9 pm. Her previous license was for 10 pm. Ms. Kenney asked if there was handicapped access. Affirmative, by ramp. Mr. Burgess said he had known the applicant's business and had no issues. He suggested that the license be granted for the time that she is open. Mr. Connors said that it should be Monday - Saturday license in case she decided later to open. Seven days would be better. JB moved to grant CV Beer & Wine in accordance with the hours of the Common Victualler license. Voted, 5-0.
Parade Chairman
Jim Campbell, David Willis, and Dan Kaplan were present. "Randolph Remembers" is the theme of the parade. Mr. Campbell said that comments made that the parade would not be held if the override failed are not true. The VFW fronted the money in 2004. Lombardo's held a fundraiser. Roche Bros. has been a major supporter along with several corporations. Rotary has joined now and has stepped forward. Mr. Willis said that Rotary celebrated 75 years. They wanted to help fund the parade. They rented the K of C for May 19th for 50's and 60's dance. They are hoping to hold a mini Taste of Randolph. Mr. Campbell said he recently joined Rotary. Tickets are $30 and are available at various locations. They are looking for the town's support. Dan Kaplan said most
members will have tickets. Rotary would like the [parade] tradition to carry on. Mr. Campbell said buttons are on sale. They need to raise $16,000. Mr. Campbell said they would be requesting permission for a boot drive. Mr. Connors suggested that there not be an application for boot drive as this conflicted with the otherss. He suggested a can drive or other form.
Public Comments
Judy Gangel - this Saturday April 14th is town clean up day. Students and scouts are participating. They will meet at 9 am at Town Hall for snacks and supplies. At noon they will return for pizza and snacks. All items are donated. Raffle tickets and prizes will be given. Students can receive community service credit. She invited and encouraged the Board to participate.
Andrew Azer - Read a statement that the town must practice fiscal responsibility. We need to reverse the current trends. He felt the override was set up for failure. More consolidation needed to be looked at as well as health insurance, collective bargaining agreements, and combining jobs.
Maureen Dunn - State repair signs are down finally. She asked to alleviate the pink gun show signs and not allow this in town. She would like Randolph to go on record. Mr. Connors said he still goes around taking signs down. The show was in Holbrook. Mr. Connors moved to notify Holbrook Rod and Gun Club that the shows cannot post signs in Randolph. Seconded by Ms. Kenney. Voted, 5-0.
Jean Duddy said her schedule had prohibited meeting on Animal Welfare Committee matters.
Correspondence
1) Officer Robert Audette - A & T Taxi has passed inspections. Mr. Wells moved to release the licenses. Voted, 4-1 (Burgess).
2) MMA Action sheet: Mr. Burgess said he was not in favor of supporting everything. If we voted the additional meals tax it would hurt our business. He wanted the Governor to work toward bringing more relief. He agreed with writing to the Reps but not to support the entire package. Mr. Alexopoulos said we needed more school aid, not higher meals taxes. The funds from the state have consistently reduced. Ms. Kenney said the model they used favored cities that get upwards of 95% of their operating budgets. Towns have gotten larger and denser and the post 9/11 world is different. They need to reassess the formula. Mr. Connors said the MWRA is another number to be included in the letter. Mr. Burgess said the state should allow us to lease the
Nike site for $1.00 a year for wind turbines to power street lights, etc. Mr. Carroll will draft a letter for review by members this week.
3) Letter from Governor - aid $518,086.00
4) Letter from Conservation Commission indicated they voted to accept the DTW land. Mr. Burgess said it was accepted for Conservation and Recreation. We can use it for fields, etc. Mr. Carroll said he would make sure that the language in the motion would reflect the Board's intent.
5) Received an email which indicated that 167 Chestnut Street had become a dumping ground. Ms. Kenney called the Board of Health and they had sent a notice as of about 3 days ago. Mr. Wells said he got an email about the swale on Emily Jeffers. Mr. Alexopoulos said about 6 or 7 years ago, Mr. Connors hand delivered notices to the neighbors. This should be addressed again. Mr. Burgess said it was not the town's swale. This is a civil issue between two abutters. It is not a town-owned or easement swale. Find a copy of that letter so that new officers can read it and advise residents when they are called there. The owners need to take it to Civil Court. Mr. Connors noted that 163 and 167R Chestnut are both bad. He asked that the Board of Health be
notified about both properties and have them go there. Mr. Burgess said this is becoming more prevalent. Mr. Connors said that Pay As you Throw will cause a mess of litter everywhere. Mr. Burgess asked that police officers jot down the addresses and forward to us for action. Mr. Wells added the first apartment building on West Street, left side, rear. It is a mess with animals.
6) Letter from Comcast asking that the Board oppose Verizon's legislation. Mr. Carroll said this was being prepared.
7) Letter from Building Commissioner re: 207 Center Street.
8) Letter from Veterans Agent re: building work.
9) Appt. of Inspector of Animal - Mr. Burgess moved to reappoint Stephen Slavinsky as the Animal Inspector. Voted, 5-0.
10) Received an email from the Blue Hills alliance.
11) Letter from Comcast enclosing a check for the franchise fee.
12) Email from George Berdos who submitted a CPA application re: bike paths. Mr. Burgess said it would be recommended
13) Monthly memo from the MWRA Advisory Board.
14) MAPC Advisory Board -Mr. Wells moved to reappoint Mr. Carroll as the town's rep. Seconded by Mr. Alexopoulos. Voted, 5-0.
15) Email from Juan Carlos Serna re: the Depot Street billboard. Mr. Burgess said it is on town's property (former RR bed). They have not been paying taxes. They were assessed. No one has responded. Mr. Burgess supported the request to have Sen. Joyce intervene. Mr. Burgess moved to support the request, and to request intervention. Seconded by Mr. Wells. Voted, 5-0.
Requests
Irene Canavan to be appointed as poll worker. Moved by Mr. Alexopoulos. Voted, 5-0.
Rosilda Assuncao to be appointed as a poll worker. Moved by Mr. Alexopoulos. Voted, 5-0.
North & South Randolph baseball parade - New route this year. Moved by Mr. Burgess for April 29th. Voted, 5-0.
Mr. Alexopoulos moved to approve the Board of Recreation Country Fair from June 6-10, 2007. Voted, 5-0.
Loan agreement Mass Water Pollution Abatement Trust - Mr. Alexopoulos moved to approve $150,000 for the storm water management plan. Seconded by Mr. Wells. Voted, 5-0
Constable Joseph Gallant request for a letter of recommendation for his application before the Town of Middleboro. Mr. Wells moved to write the letter. Seconded by Mr. Alexopoulos. Voted, 5-0.
Executive Secretary report
Town Accountant - ad was posted on various websites. Offer was made to the individual who assisted last year. She is expert in UMAS and Vadar. Carol Wideman is available to work 2 days per week. The Board will review before any applicants are contacted. Mr. Burgess asked about the job description. Mr. Carroll said he has not received it from Personnel. Mr. Burgess would like to review the posting, the description, salary range, etc. This is a Grade 14 range. Mr. Burgess asked that he provide this by tomorrow afternoon. Mr. Alexopoulos moved to appoint Carol Wideman on a temporary basis according to the memo from Mr. Carroll. Mr. Wells asked if the hourly rate number has changed. Mr. Lane had said she wanted $50 per hour. Today he was not able to talk to her.
She was paid $50 per hour last year for 14 hours per week. Could go up to $52.00 per hour. Mr. Burgess said the memo said $50.00. This has not come up before. Mr. Burgess asked Mr. Carroll's recommendation. Mr. Carroll was not aware of the change until this morning. WA amended up to $52.00 per hour. Ms. Kenney would like to move forward with the language change. We need someone covering that office. Mr. Connors expressed dissatisfaction with the delay. It hasn't been done in 4 weeks. Voted, 5-0. Mr. Carroll said the Government Reorganization Committee recommended merging town and school. He met with Superintendent Silverman and the Finance Manager Steve Moore to talk about the feasibility. They felt it was impractical in the short run. He recommended they move here. Again, not practical. Mr. Burgess asked for description and salary, advertisement and where are we advertising.
All members are in agreement.
2008 budget is a work in progress. Met with Blue Cross/Blue Shield. Talked about reducing the costs and how. They will provide an analysis in a week or two. Info as known now - FinCom and he are in fairly close proximity of revenue projections. Revenue projections are better but the town is slowly strangling. Board to review this which was received by 5 pm. Review schedules to get together to review articles. Ms. Kenney wanted to look at the town's budget and review every line item to cut and zero out anything non-essential to help support the school system in any way. Larry Azer opened the budget hearings last week. The schools will have to dismiss another 50 people. The Supt. said that in light of this, it may be necessary to start the day later and release earlier
which would mean we are below the State's requirement. The High School is about to lose its accreditation. We may have to furlough at Christmas and February to save on utilities. Anything the Board could do would be appreciated. The situation is dire. Many young people are feeling they have to sell and leave town. Make reasonable cuts. The School Committee did not vote on anything. Mr. Burgess said the override lost but he didn't believe they voted against, but rather they couldn't afford it. Tough decisions have to be made. He has gone through the budget and there are priorities. He is a lifelong resident of Randolph and he is very concerned. We need to fund those essential services at the levels needed to move in the right direction to fully fund schools, police to address crime, fire for full coverage, library full coverage, and those departments, boards, committees, and commissions who are providing great
service, but we can't afford them. They need to be zeroed out. Positions cannot be filled. Put the money where it is going to make the biggest difference. Mr. Burgess would like to see where the revenue numbers are coming from. Mr. Connors said we need to put it together first. Ms. Kenney said all Finance Committee members have different numbers. Mr. Carroll and the department heads meet weekly to go over revenue numbers. Mr. Alexopoulos said the FinCom disagreed. We need to come to a resolution. Andrew Azer said revenues were agreed to by all members. They all have different priorities. Andrew Azer said they have had 12 meetings and maybe two Selectmen have attended. Finance Committee has to be done by next Friday. Mr. Connors said this was a new direction. Mr. Alexopoulos asked Mr. Carroll if the FinCom attended meetings. He said Gerry Good and Arthur Solon have attended weekly mtgs. He met with
Steve Toomey last week and reconciled.
Bonds $5.2M capital outlay bonds will be done in May. Bond issue with maturity 5-20 years. Eastern Bank met with Loretta and Mr. Carroll. S & P should be out to review and update our bond rating. Value of things in town will be presented to S & P. They will send a list of questions. 4th week in April. Looked at requests for Capital Appropriations. He recommended that capital items not be acted on at the Annual Town Meeting but deferred to a Special Town Meeting. The main reason is to have a well thought out bond. Capital Policy is needed. There are no standard criteria. No capital asset methodology is needed. Also, formal articulated debt policy is needed, and a report on debt scheduling to promote accountability. These are all standard and
GFOA have these which could be modified to Randolph. Recommending that department heads be reappointed. Not recommending FinCom as it would be a conflict. Three member committee has to sign off on borrowing. Mr. Connors said we need two votes. Mr. Wells moved to defer to the Special Town Meeting the capital improvement requests. Seconded by Mr. Burgess. Mr. Alexopoulos said we have to defer capital projects until a policy is developed. Voted, 5-0.
Mr. Wells moved to re-establish the Capital Expenditures Committee. Seconded by Mr. Connors. Mr. Alexopoulos said the three individuals would formulate or accept recommendations from Department Heads. Mr. Carroll said this newly reconstituted committee would replace the committee as it exists now. They would work off the latest document. Ms. Kenney moved to dissolve the current committee. Seconded by Mr. Wells. Voted, 5-0.
Mr. Wells moved the new committee. Voted, 5-0.
Recommendation for Special Town Meeting within the annual: 1) Transfer from Stabilization to fund catastrophic injury of Ray Van Tassel. Once settlement is reached, the amount could be appropriated back to Stabilization. 2) Create a Workers Comp Trust Fund to pay bills. 3) Unpaid bills - compensation would require a simple majority. Mr. Burgess wanted backup material on unpaid wages.
3) Accept the parcel from Jerie Cerqua McGrath - conservation purposes only per Mr. Burgess, 4) to accept a strip of land along Canton Street (Roseland) because the street had to be widened. In anticipation some lots are landlocked. 5) From Clerk seeking re-action on prior Town Meeting actions. These were tried to be reissued. Town Meeting may have to authorize. Mr. Alexopoulos moved to open a Special Town Meeting warrant for May 15, 2007 at 7:30 p.m. Seconded by Mr. Wells. Voted, 5-0. Mr. Wells moved to accept the five articles as explained and to close the warrant. Voted,
5-0.
Liaisons - will report at next meeting.
Randolph Youth Baseball-Softball land - Mr. Carroll said this was left for information purposes. This will be taken up at next meeting per Mr. Connors. Read and make comment. Mr. Burgess said he didn't recall a fee to be exchanged and asked who would pay. Parking should be pervious. Tenant - league. Last paragraph needs to be removed or reworked. Mr. Burgess said it was referenced as the Nike site. The act was not to be Nike site control it was for two extra fields. Mr. Carroll said it was not forwarded to Town Counsel because he couldn't give direction.
Mr. Wells asked about the Memorandum of Agreement between the Recreation/Schools and was it okay to approve. Ms. Kenney said they made a deal that each side would do certain things. Mr. Alexopoulos moved to accept. Seconded by Ms. Kenney. Voted, 5-0.
Mr. Burgess said he had a request from David Calhoun for a hotel in Pacella Park. A hotel group was interested. Mr. Carroll requested an interpretation from the Building Commissioner. Permitting process - we accept the concept. Request to approve signage into park. Designs would be requested for signs. No objections. Chair to draft a letter of support.
Mr. Burgess referred to the MPO Program letter and that he had never seen a letter like this. Mr. Carroll to review, what's on the TIP, should we be there; and if so, who.
Mr. Burgess asked if Kim Saillant would be at next meeting. Mr. Connors to check.
Mr. Burgess asked if Algonquin was coming in. At the next meeting.
Mr. Burgess would like the Police Chief to provide in writing what officer is on administrative leave, and is it paid or unpaid.
Mr. Connors asked for a five minute executive session for collective bargaining: Roll call: Wells-yes, Alexopoulos-yes, Kenney-yes, Burgess, Connors-yes.
Meeting adjourned at 10:10 p.m.
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CLERK OF THE BOARD
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