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Board of Selectmen Minutes 09/21/2009


9 – 21 - 09

At the meeting of the Randolph Board of Selectmen held Monday, September 21, 2009, the following were present: Chairman Paul Connors, Vice Chairman James Burgess, William Alexopoulos, Maureen Kenney, Paul Fernandes, Executive Secretary David Murphy and Recording Secretary Cheryl Sass. Meeting opened by Mr. Connors at 7:10 pm.

Mr. Burgess said the following prayer:  Dear Lord, as we gather this evening, may you bless our community and all her citizens.  As we come together to do the town’s work, we ask special concern for those who have been chosen to lead Randolph through its governmental transition.  For Bill, Andrew, Jim, Maureen, Paul, Paul, Rich, Arthur and Ken – as we gather for this transition, may you give us strength to shoulder the responsibilities and the courage to carry out the duties that will be placed before us.  We also ask that you look after our troops serving all across our globe protecting our freedoms.  

Ms. Kenney led the Pledge of Allegiance, and a moment of silence was held for Judith Cole and Norman Ayers.  

Welcome to Town Councillors-Elect

Mr. Connors introduced the Town Councillors-Elect.   Councillors At-Large:  William Alexopoulos, Andrew Azer (not present), James Burgess, Paul Fernandes, and Maureen Pasquantonio.  District Councillors:  Ken Clifton-District 1, Arthur Goldstein – District 2 (not present) Richard Brewer-District 3, Paul Meoni-District 4.    

Mr. Connors informed the Councillors-Elect that he will be in touch with each of them about a meeting he is arranging with the Ethics Committee and the Secretary of State’s Office.  Mr. Connors named the Members of the Town Manager Search Committee, who completed their task of choosing three finalists for the Town Councillors-Elect to consider for the position.  The names of the Committee Members are:  Claritza Abreu, Larry Azer, Dori Burke, Michelle Carson, Patricia Cedeno Zamor, Paul Connors, Bob Gass, Michelle Tyler and Roz Vineberg.  Mr. Connors also told the Councillors-Elect that they will each be receiving a package of information and minutes from each of the Town Manager Search Committee Meetings.  

Town Meeting date set for October 26th.  Selectmen will Fact Find for contracts on October 14th.  There will be a Ceremonial Town Meeting at Stetson Hall sometime in November and the inauguration of new form of government at Stetson Hall on January 4th.  Mr. Connors asked that the Councillors-Elect contact him with any questions.   

Mr. Meoni asked if the fact finding meeting would be open to the public.  Because it is collective bargaining, Mr. Connors said that it most likely will be done in executive session, but he will try to find out for sure before then.  Mr. Clifton asked if the councillors would receive formal correspondence with the dates mentioned.   Mr. Connors stated that once they are all confirmed, a letter would be sent.  

Special Permit Hearing – Sprint/Nextel Telecommunications @ 106 Mazzeo Drive
James Hoyt, Attorney for Sprint and Ramon Zamora, Radio Frequency Engineer, were present on behalf of Applicant.

Mr. Connors read the legal notice.  Attorney Hoyt presented the board with copies of the Sound Studies and tax maps for both locations, and new plans showing the correct number of antennae on each of the locations.  Sprint is in the process of upgrading its system to allow its customers the use of a 4G wireless internet.  They will be swapping out three 4 ft cell phone antenna and adding three 2 foot dish antennas.  The antennae will add 4 ½ feet to the height of the pole.  Mr. Burgess asked if the applicant asked for a waiver of the height requirements.  Attorney Hoyt stated that he would ask for the waiver verbally, however, Sprint’s engineers can look into a different location without an obstruction.  Mr. Burgess asked about the microphone on the tower and whether or not it is permanent.  Attorney Hoyt stated that the microphone was temporary for the noise study.  

Attorney Hoyt told the Board that Clear Wireless LLC purchased a part of Sprint, so they are becoming partners.  Clear Wire is upgrading the Sprint network to provide wireless internet.  Attorney Hoyt stated that he does not believe it will affect Nextel customers, or even Sprint customers, it only gives them the capability to use the option if they so choose.  

Mr. Burgess said that because the tower existed prior to the bylaw, he believes the maximum height is 190 feet, otherwise, they would need to go before the ZBA for a variance.  Attorney Hoyt would rather set the condition that installation will not occur at a height greater than 190 feet.  

Mr. Connors asked, three times if anyone was present to speak in favor of, or against the applicant.  There was no response.

Mr. Connors said he would like to review the decision from the ZBA and the restriction as to the number of carriers on the monopole.  Mr. Alexopoulos said that unfortunately, it is not an issue for the applicant, but more an issue for the owner of the pole.  Mr. Connors recommended continuing the hearing to the next meeting after the Board has had a chance to review the ZBA Decision and Attorney Hoyt can check with Sprint’s engineers as to whether or not the installation can occur at or below 190 feet.

Mr. Burgess made a motion to continue the hearing to October 5th at 7:05 to allow the Board to review the previous ZBA Decision and for Sprint’s engineers to determine whether or not the installation can occur at or below 190 feet.  Seconded by Mr. Alexopoulos.  Voted 5-0.  

Special Permit Hearing – Sprint/Nextel Telecommunications @ 10 York Avenue
Mr. Connors read the legal notice.  
James Hoyt, Attorney for Sprint, Ramon Zamora, Radio Frequency Engineer and Meredith Gardner, Site Acquisition Specialist, present on behalf of Sprint.  Application for the modification of Sprint antennae located at 10 York Ave.  Sprint will be adding 3 panel antennae with 4G wireless technology and 3 dish antennae.  The dish antennae will be 1 foot, 2 feet and 2.5 feet in diameter.  There are currently six Sprint antennae at the site and they will be adding 3, making a total of 9.    
Mr. Connors asked, three times, if anyone was present to speak in favor of or against the applicant.  There was no response.  
Mr. Burgess made a motion to grant the special permit, seconded by Ms. Kenney.  Voted 5-0.  

Member Paul J. Connors voting to approve the special permit, without conditions.
Member James F. Burgess, Jr. voting to approve the special permit without conditions.
Member William Alexopoulos voted to approve the special permit without conditions.
Member Maureen C. Kenney voting to approve the special permit without conditions.
Member Paul K. Fernandes voting to approve the special permit without conditions.
The special permit granting authority approves the special permit based on the following findings and reasons:
That the use is in harmony with the intent and purpose of the zoning by-law, and that the use does meet the other provisions of the zoning by-law.
With each member voting on each question, as follows:
Member Paul J. Connors voting to find the use is in harmony with the intent and purpose of the zoning bylaw.
Member James F. Burgess, Jr. voting to find the use is in harmony with the intent and purpose of the zoning bylaw.
Member William Alexopoulos voting to find the use is in harmony with the intent and purpose of the zoning bylaw.
Member Maureen C. Kenney voting to find the use is in harmony with the intent and purpose of the zoning bylaw.
Member Paul K. Fernandes voting to find the use is in harmony with the intent and purpose of the zoning bylaw.
Member Paul J. Connors voting to find that the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good.
Member James F. Burgess, Jr. voting to find that the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good.
Member William Alexopoulos voting to find that the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good.
Member Maureen C. Kenney voting to find that the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good.
Member Paul K. Fernandes voting to find that the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good.

Correspondence
  • Letter from Animal Control Officer Re:  Dog Bite at 57 Vesey Road.  Dog has been euthanized.  No action necessary.
  • Board of Health Hazardous Waste Collection Day October 17, 2009.  
  • Impact Quincy – Bay State Community Services.  The Quincy Drug Task Force conducted a drug safe-disposal day for prescription and non-prescription drugs.  Mr. Murphy to forward to Board of Health.
  • Norfolk County Selectmen’s Commission – Meeting Wednesday, October 28, 2009 at Old Colonial Cafe, Norwood.  
  • Letter from Fire Chief Charles Foley notifying the Board of the following promotions:  Richard Donovan to Perm. Deputy Fire Chief; Paul Lyons to Provisional Deputy Fire Chief; Michael Rennie to Perm. Fire Captain; Jason Cos to Temp. Fire Captain; Michael McCarthy to Perm. Fire Lieutenant.
  • Letter from Fire Chief Charles Foley re:  Grievance status.
  • Letter from Comcast re:  Channel line-up change.
  • Letter from Joint Labor Management Committee – Beth Wolfson appointed as Fact Finder.  
  • Letter from DEP Re:  Solid Waste and Recycling Contract Assistance.
  • Old Colony Planning Council – re:  Sharing a Conservation Officer.  
  • Email from L. Maxwell re:  trash and debris at corner of Pond Street and North Main Street.  Mr. Murphy to check with DPW as to whether or not there is a trash can at the location.  
  • MMA Photography contest – Mr. Burgess would like to nominate some of the photos Rich McCarthy took at Powers Farm for Town Meeting.
  • Letter from Gerald Walsh re:  Transfer Station.  
  • Notice from Metro South Chamber of Commerce re:  Annual Legislative and Candidates Reception on October 1, 2009.
  • Letter from FEMA re:  October 1 – December 30 comment period for DFIRM and FIS reports.  
REQUESTS
  • Motion to accept minutes of August 24, 2009 made by Mr. Alexopoulos, seconded by Ms. Kenney.  Voted 5-0.
  • Request for Can Drive – Randolph Youth Soccer Association 10/3 and 10/4.  Motion to approve request made by Mr. Burgess, seconded by Ms. Kenney.  Voted 5-0.
  • Motion to re-appoint Constable Robert I. Applebaum made by Mr. Fernandes, seconded by Mr. Alexopoulos.  Voted 5-0.
  • Motion to re-appoint Constable Rosalind Applebaum made by Mr. Alexopoulos, seconded by Mr. Fernandes.  Voted 5-0.
Application for appointment as Constable - Kerry Andrade.  CORI pending; Board will vote once CORI is complete.  
LIASIONS
Ms. Kenney congratulated the Saugus Board of Selectmen for their quick action in pulling an Entertainment License from an establishment after a shooting occurred.  Ms. Kenney recommended adopting a similar model if a similar event was to occur.  
Mr. Burgess asked residents to provide feedback on their new polling locations.  
Mr. Burgess requested that a letter be sent from the Board of Selectmen to the School Committee and the Superintendent re:  addition of 5 playgrounds and the creation of a committee made up of residents in the various school districts to move forward in the spring.  With regard to Imagination Station, Mr. Burgess suggested an outreach to people who worked on it originally and noted that the fountain donated by Mr. Loud needs to be protected.  He asked residents to contact the Board of Selectmen’s Office if they are interested in being on the committee for the rehabilitation of Imagination Station.  Mr. Burgess made a motion to send a letter and to establish the committee.  Seconded by Mr. Alexopoulos.  Voted 5-0.  
Mr. Burgess also asked residents interested in the refurbishment of the cannons and soldier statute outside of Stetson to contact the Board of Selectmen’s Office.   
Mr. Alexopoulos stated that he has concerns about the lighting in the back of St. Bernadette’s Church, which is the entrance and exit to the polling location.  There are two elections coming up and the lighting needs to be addressed before them.  .
Mr. Alexopoulos congratulated the local businesses who participated in the fundraisers held at both St. Mary’s and St. Bernadette’s church earlier in the month.  

Acceptance of Deed – 975 North Main Street (Hollywell)
Mr. Murphy stated that the asset management company who owns the building at 975 North Main Street has offered the property as a gift to the Town.  The property is assessed at $2.6 million.  Mr. Murphy recommended that the Board accept the gift and sign the deed.  He stated that there are encroachment issues with the land and that the Board of Selectmen and Town Counsel must decide on the use for the residential high density-zoned property.  He said that it may be a property that the town would consider for rezoning.  Pending signature of the deed, there is a walk through scheduled for tomorrow morning with the building inspector.  Securing the building will be a top priority.
Mr. Alexopoulos made a motion to accept the deed for 975 North Main Street as proposed by Mr. Murphy. Seconded by Ms. Kenney.  Voted 5-0.  A roll call vote was taken.  Voted 5-0.  

Acceptance of Deed – 660 North Street (Stetson House)
Henry Cook present on behalf of the Historical Commission.  Mr. Cook said that the house at 660 North Street is the oldest house in Randolph and that it has many historic qualities.  The Historic Commission is working with the CPC to obtain funds to re-roof the building and hire an architect to draw up plans.  Mr. Cook said he has three options for the property:  sell the property when it is restored; lease the property to someone who would restore the property with a curatorial tenancy; or have a public/private partnership manage the property and maintain it as a historical building.  A requirement of the CPC grant is that the property have historic deed protection in the form of an attachment on the deed once the town accepts it.  The RFP is ready and the Historical Commission would like to go forward.
Ms. Kenney asked how old house was, and Mr. Cook stated that it was built in 1726.  The house sits on a quarter-acre lot and has 3 rooms on the first floor and 2.5 rooms on the second floor.  There is one bathroom on the first floor.  The kitchen and bath facilities will need upgrading.  Mr. Cook estimates that the total cost of repairs to bring the property up to livability is $150,000.00.  Ms. Kenney asked where the $150,000.00 is going to come from.  Mr. Cook stated that with a curatorial tenancy, the person restoring the property uses his own funds and completes the work in exchange for living in the house for free.  
Mr. Burgess stated that he does not see anything in the deed regarding a perpetuity restriction.  Mr. Fernandes asked for examples of properties maintained or renovated with a curatorial tenancy.  Mr. Cook stated that a farm on Martha’s Vineyard and the Ames House in Easton are examples of curatorial tenancies that are responsible for the ongoing restoration and upkeep of the building.  For this property, the Town Manager would be responsible for maintenance through the historical commission.  Mr. Connors suggested creating a committee to oversee the spending of the $25,000.00 given to the Historical Commission by the CPC.  
Mr. Burgess made a motion to acquire the property at 660 North Street by signing the deed, which will include a preservation restriction, and to create a 5 member committee to review the expenditures of the $25,000.00 in CPC funds, consisting of 5 to be a members to include a member from the Board of Selectmen, the Executive Secretary, the Town Planner, a member from the Historical Commission and a member of the DPW Board.  Voted 4-1.  (Kenney).
Mr. Burgess made a motion to appoint Mr. Connors as the Board of Selectmen’s representative on the Committee.  Seconded by Mr. Alexopoulos.  Voted 5-0.  

Acceptance of Deed – 592 North Main Street (Rent Property)
Motion to sign the deed and accept the property at 592 North Main Street known as the Rent Property.  Seconded by Mr. Fernandes.   Voted 5-0.  

Project Scope Discussion – Energy Performance – Honeywell, Inc.
Mr. Murphy presented an outline of the project scope.  
Lighting retrofits - light bulbs and fixtures in every school and town building.  
Water conservation - retrofitting toilets and urinals, in all town buildings.
Boiler replacements at schools will improve energy efficiency and address major capital needs.  
Mr. Burgess asked Mr. Murphy if the use of waterless urinals is possible for the project.  Mr. Murphy stated he would look into it.  
Roof on second floor of Town Hall will be addressed.  
Mr. Murphy requested acceptance of the scope from the Board of Selectmen.  Mr. Burgess asked how contingencies would be budgeted for.  Mr. Murphy stated that most of the work will be performed off-hours.  Honeywell has a second shift as off hour work is mandatory when working in the schools.  Boiler work will be put on hold until the spring.  Contingencies are already factored into the scope, based on Mr. Murphy’s negotiations with Honeywell.  Mr. Murphy stated that any contract the Selectmen sign will require open book bidding so that the lowest bids available can be sought.    
Mr. Alexopoulos made a Motion to accept scope of work and authorize the energy committee to begin negotiations with Honeywell on the contract.  Seconded by Mr. Fernandes.  Voted 5-0.    

Public Comments

Mr. Burke mentioned that there was a misprint in the Patriot Ledger article about the waiving of permit fees.  The article stated that commercial properties were eligible, however, they are not.  

Selectmen’s Office Report:
Congratulations to the winners of the Great Neighbors Award Contest:  Gail Walsh, Sal Carubba, Mr. Fitzgerald, Bruce Eaton, Bob & Bridget Davis, Walter Hess, Janet Fitzgibbons, Roz Vineberg, Betty Collins, Dale Heath, and Allen Green.  Gift certificates to a local nursery will be awarded.  Commercial Property:  Pham Do Associates, Petrol/Speedy Lube, Sarver Realty Building.

The Friendly Food Pantry will be holding an Open House on Wednesday, October 7th from 7:00 – 8:30 p.m.  All are invited and asked to bring one non-perishable food item.  

Town Meeting:  Mr. Connors asked that Brian Howard include a request for members to bring a non-perishable food item top Town Meeting in his notice to Town Meeting Members.    
        
Request to rename Memorial Parkway as “Peace Keepers Way” as the month of October is known as Peace Keepers Month.  Motion made by Mr. Burgess to rename Memorial Parkway to Peace Keepers Way.  Seconded by Mr. Fernandes.  Voted 5-0.

Mr. Murphy stated that 19 applications were received for the Veteran’s and Working Families Housing Lottery.  The deadline for submissions was September 18th.  The lottery will take place sometime in October.

Mr. Murphy informed the board that he has been contacted by the MMA, and they will be doing a feature story on the building permit/electrical permit waiver fees.

Planters should be installed by the end of the week on North Main Street by Scanlon, Pond and Reed Street, Mazzeo Drive and at each of the new signs.  Mr. Murphy is working with the Garden Club for plantings and maintenance.  

Mr. Connors thanked Joel Swanwick for all of his hard work over the past few weeks – he has seen him weeding flower beds around town.   

Mr. Fernandes made a motion to accept the Bilingual Grant for Elder Services.  Seconded by Mr. Alexopoulos.  Voted 5-0.  

Mr. Burgess made a motion to open the warrant of the October 26, 20098 Special Town Meeting, which will remain open until September 28th.  Seconded by Mr. Alexopoulos.  Voted 5-0.   

Mr. Alexopoulos made a motion to enter into a contract with Police Chief Paul Porter, as drafted, from July 1, 2008 through July 1, 2010.  Seconded by Mr. Burgess.  Voted 5-0.  

Motion to enter into Executive Session, not to reconvene, made by Mr. Fernandes, Seconded by Mr. Alexopoulos.  Voted 5-0.  A roll call vote was taken with all 5 members voting in the affirmative.

Motion to adjourn made by Mr. Burgess, seconded by Mr. Fernandes.  Voted 5-0.
                                        
Clerk of the Board


 
Town of Randolph 41 South Main Street, Randolph, MA 02368
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