April 11, 2005
Present was Ramesh H. Advani, James C. Lehan, and John P. Hathaway, Interim Town Administrator.
Ramesh Advani called the meeting to order at 7:12 p.m. Jack Hathaway read the agenda contents.
JACK MCFEELEY PRESENTATION
The Board of Selectmen presented a plaque to Jack McFeeley for his years of service as a member of the Board of Selectmen. Mr. McFeeley resigned to pursue a career as a Town Administrator.
POLE HEARING – ROCKWOOD ROAD
Paul Schneider, Right-of-Way Manager for Verizon was present.
This was a joint petition from Verizon New England and Boston Edison Company to place a new JO pole No. 12-1X on the easterly sideline of Rockwood Road, approximately 740 feet south of the intersection of Boardman Street.
Mr. Schneider told the Board that this is located at 24 Rockwood Road and the pole cuts across the property. They are seeking to relocate the pole.
Jim Lehan moved to grant permission to Verizon and Boston Edison to place a new pole as stated in the petition. Ramesh Advani seconded, and it was so voted.
ACTION ITEMS
Jim Lehan moved to approve a consent agenda for the following:
- Friends of the Council on Aging would like to provide refreshments at the May 10th Annual Town Meeting at KP North, as done in the past.
- Approval for a 5K walk in memory of Drew Martucci and Jamie Macalone for May 21, 2005, beginning at 10 a.m. at the H. Olive Day School.
- Approval for the 9th Annual Run/Walk at the start of Community Day on June 11th at 9 a.m., beginning Myrtle St., down Lake St. and circling back to the Holmes Complex.
Ramesh Advani seconded, and it was so voted.
The Board reviewed the ambulance correspondence, which included a copy of the lease. Ramesh said that according to Town Counsel, we are just approving the award. We are not accepting a contract. It is just a statement to enter into a contract with the awardee. All we need to do is send them a letter.
Jim Lehan moved to approve the award for the ambulance. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to approve the award for the vehicles for the DPW, subject to contingent of town meeting vote. Ramesh Advani seconded, and it was so voted.
Jack reviewed the calendar with the Board.
TOWN ADMINISTRATOR SELECTION COMMITTEE DISCUSSION
Present were all members of the three Selection Committees as approved by the Board of Selectmen. This was geared toward giving each member a packet of the resumes and instructions on how to meet and rate each resume.
Ramesh gave an overview of the process, and read out who is on each group.
Jim explained the process, and what they hoped each group to accomplish.
Each Committee will get together separately and work through the process, and will return to the Selectmen’s meeting of April 25th with their top 7 to 10 candidates.
BALLOT DISCUSSION
Marie Chiofolo, Town Clerk present.
Jack Hathaway discussed the sequence of the date of the ballot question.
Ramesh asked when do we have to have the verbiage by for May 24th. Marie Chiofolo said no later than April 19th because absentee ballots must be available.
Jim said maybe we should think about when to do the election. Jim wondered if we should go to town meeting, let it take its course, and then call the election after town meeting.
It creates an issue for the schools, but they have that problem anyway. If this was voted on the 10th, then June 14th would be the date. State law requires 35 days written notice to Town Clerk. Marie said if it should happen on the 17th, it would be June 21.
We will go to town meeting and try for June 21. Jack Hathaway had examples of overrides: the pyramid override, menu override and simple override which he gave to the Board to peruse at their leisure.
DAN WINSLOW – HOME RULE PETITION
Dan Winslow said there is a little known provision in our Constitution. He said that voting is not just a right, but also a duty, same as jury duty. Voters must participate.
He took that enabling clause, and wanted to suggest that Norfolk present a Home Rule Petition: to allow the town to charge a differential rate for voters or non-voters. They would get a receipt when they vote, and they could get a lower fee from a service. This would be such as a burning permit. It is now $10. But if you voted and showed your receipt, you may only have to pay say $7. This would cause a significant increase in voter participation. Until this happens, the revenues from fees would increase as well.
Dan said he would like the Board to consider the concept. He would be happy to work with Town Counsel to draft the legislation. He said he would answer any questions the Board had.
Jim said it is a very intriguing concept. No town has initiated this. Dan said it is a largely unknown provision of our Constitution. Jim said he thought passing a Home Rule Petition was very difficult. Dan said it depends. They are a manifestation of a town’s wish to govern itself. He doesn’t know if the Governor will sponsor this on behalf of the town, but perhaps our Senator could inquire for us.
Jim said that anything that helps residents become involved in town government would be willing to consider. Jim said that anything that gets people out to vote is a good thing. Jim questioned if this is discriminatory?
Dan said it is a fair concern, but since the Constitution allows this, he feels this is allowed.
Marie Chiofolo said people’s voting rights are very personal to them and this may cause a commotion. Dan said they could vote anyway they want – it is only the act of voting. They can hand in a blank vote, or whatever they want to write. It will impact people who are approaching 18 years of age and haven’t registered to vote yet.
Marie asked if this is only local elections. Dan said yes. Most of the fees in town are household fees – trash, dog, etc. As long as one person in the household voted, they could benefit from the lower fee.
There are a lot of questions, but it is only a concept at this point. Jonathan Smith questioned the poll tax and the US Constitution.
The Board thinks it is an intriguing idea, and will take it under advisement, perhaps for the fall town meeting. Dan told the Board it is from 1923, and has never been tested in court.
Jack suggested doing a referendum question and giving the voters a test.
ACCEPTANCE OF MINUTES
Jim Lehan moved to accept the minutes of February 8, 2005; February 28, 2005 and March 1, 2005. Ramesh Advani seconded, and it was so voted.
GASOLINE STORAGE LICENSES
Jim Lehan moved to approve the Gasoline Storage Licenses for this year: Norfolk DPW; G. Cronin & Sons; Camger Chemical; W. T. Holmes Transportation; and Daley Service Center. Ramesh Advani seconded, and it was so voted.
OPEN ITEMS
The Board noted June 20th is the critical date for Call & Wait.
Jay Talerman was in to discuss the condos owned by Paul Borrelli. He discussed the conditions in the Comprehensive Permit, and has been complying with them. There are two principal easements – sewage treatment plant and he has arrangements with Eastern, some for residential, and some for commercial. These all had to be looked at. He won’t own the property; the condo association will own it. If the town had to enter onto it, they needed to be able to do that. This one is taken care of. The last easement is to the water tower. He was supposed to give us an easement. No talk of conditions. Town needed free and full access for maintenance, etc. There is an agreement from 2002 that Mr. Borrelli would get compensation if the Town put cell towers
on top of the water tank. He said he would give us an easement, but you can’t put a cell tower on it. Jay has been working with his attorney. It all boils down to compensation. He wants money. There was an exchange of emails back and forth today between George Hall, Jay Talerman and Jack Hathaway, and George said we should try to negotiate this quickly. If you throw money into the mix, it needs Town Meeting approval. We’ve missed the May town meeting. He won’t be able to get building permits until this is settled, so there are delays. His emails said he is adamant about seeking compensation. Jim said we should give him a little more time, and see where it goes. Ramesh agreed that perhaps the BPW Chair, Ed Melanson be involved. Ed Melanson has been involved in the emails. Jim feels negotiations are better served around few – not many. Don’t involve
the BPW. He doesn’t feel another party should be brought in at this stage. People can be involved in the background, but this should be done by people who are involved right now. Don’t bring in new people.
Jack Hathaway will check with George Hall regarding conflict with his lessees. Paul Borelli, as well as Ramesh both wants to work through this quickly.
NEW BUSINESS
Jack Hathaway reviewed the budget. Ramesh said he wants residents to vote a recommended budget that will keep services at the level they have had the past year.
Jonathan questioned the 2.6% increase. Shouldn’t it be put into each individual budget? Jack said yes it will be done before town meeting. Jonathan Smith would like it prior to the 21st meeting. Jack Hathaway said fine.
It was decided that they would not do anything for the override that is under $100. Jim and Ramesh would like an actual. Jack Hathaway will provide that.
Jim Lehan moved to adjust the new recommended level services budget for FY 2006 of $26,118,572.07. Ramesh Advani seconded, and it was so voted.
Jack questioned whether the Board needed to vote the balanced budget as well. The Board said no. If the level services budget doesn’t pass, it is up to town meeting to vote the balanced budget, not the Selectmen.
Jim Lehan said that he will draft a letter to Fred Pfischner.
Jack Hathaway told the Board that Massachusetts Bay Commuter Railroad Company has requested permission to close Rockwood Road to rebuild the railroad crossing in town center. They will be removing track and pavement and installing new tracks and laying the final pavement. They would like permission to close Rockwood Road from 10 p.m. Saturday, April 23, 2005 until 3 p.m. on Sunday, April 24th. It will again be closed on Monday, April 25th after 9:30 a.m. (to allow for rush hour traffic), for most of the day until work is completed. They anticipated being finished no later than 4 p.m. There will be sufficient police detail and detour signage. The Board had no problem with this request, and approved it.
The Board received a letter from Tri-County Regional Vocational High School asking for a candidate from Norfolk to be appointed as a school committee member. Our member was Adeline Bee, who moved from town. A letter will be sent to Frank Gross and Kim Williams looking for interested people, as they do the appointing.
Jim Lehan has open issues with Butch Vito. Rockwood/Boardman intersection – turning radius of curb. Holmes parking lot – hasn’t been repaired. Country Crossing – someone touch base with Mr. Holmes. Butch Vito will attend a May meeting, and Jim will be looking for answers.
The Board discussed the letter from the Board of Assessors regarding the Treasurer/Collector. Jack is going to address that with the new Chief Assessor, the Assessors, and Jane Lepardo.
The Board discussed meeting on May 4th. Since they don’t need to reorganize, and with Town Meeting the following week, the Board will decide next week if there is any pending item that will force them to meet.
At 9:45 p.m., being no further business, Jim Lehan moved to adjourn the meeting. Ramesh Advani seconded, and it was so voted.
This is a true and accurate report of the April 11, 2005 Selectmen’s Meeting.
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James C. Lehan, Clerk
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