July 20, 2009
Present was James C. Lehan, Robert J. Garrity, James M. Tomaszewski, and Jack Hathaway, Town Administrator.
Jim Lehan called the meeting to order at 7 p.m. Jack Hathaway read the agenda contents.
OLD BUSINESS
Jack presented the Board with an email regarding Call & Wait. This is to whether they want to keep the money or give it to the court to clean up the property. They owe us about $41,000 in legal fees and fines by Conservation. The court owns the property and they will clean it up and sell the property.
Jim Lehan wants to at least get the attorney fees back. Rob doesn’t feel strongly either way. Jim Tomaszewski asked if we took the recovery of our fees - $36,000, where would the money come from to clean it up. Jack said through Waznis, but chances of that aren’t good. Do we know the value of the Wrentham property? Jim Lehan feels good about the fact that we recover from Wrentham as well.
Jack said George will be in to talk about the B1 district and we can discuss this.
Rob announced that he and Rita met today with Jack and Don LeClerc regarding energy.
Jack gave the Board a draft policy on hiring relatives to review and discuss next week.
Jack discussed the Highland Lake property. The Board has the authority to authorize who you want to work on the project there – sign, trails, etc. for the Bertha Fales Park. Jim Tomaszewski moved to delegate this project to move and work with Historical and DPW to accomplish the Highland Lake Project. Rob Garrity seconded, and it was so voted.
Jack discussed the fall town meeting. He considered Nov. 10th; however the tax rate has to be set before we have the election. And you have to give 35 days to the Town Clerk. Jack figures that to be December 15th.
The Board agreed on November 10 and 12 for fall town meeting.
ASSESSORS POSITION
Present was Pat Salamone and Maggie Leavitt members of the Board of Assessors. John Neas, Chief Assessor was also present.
Jack mentioned that this candidate will need to run in the May election. This appointment is to fill the vacancy because John Robbins term expired and no one ran in the May election.
KATHY MULLINEAUX
Kathy said that she is a town resident and is a town employee working in the Assessors’ Office. She is already certified and was an Assessor in Blackstone for 3 years. She feels she is knowledgeable about the town. Kathy said she is available and is familiar with the Vision computer program.
Rob asked if she would run for this. She said yes. Rob questioned her being an employee. Kathy said she is not in conflict because she is under the Finance Director, and not the Board of Assessors.
MICHAEL LAZDOWSKY
Mike Lazdowsky is a Norfolk resident and was on the Board years ago. He filled a vacancy and did run for the position but lost to Donna Putt. His strongpoint is finance. He has a background in real estate. He worked for D’Angelo’s sandwich shop. Besides being a sandwich shop, they were into real estate. He has a broker’s license. He has never worked in a real estate office, and is not certified.
He is interested because when he did it before; he liked it and found it fun. For the most part, he is available. He works in Boston so it would make a difference how quickly he can get out here. He is taking courses and could be flexible.
Rob asked if he would run for office. Mike said he may or he may not. Depends what’s going on at the time.
Maggie Leavitt moved to appoint Kathy Mullineaux to fill the vacancy. Pat Salamone seconded. Jim Tomaszewski said he has known Mike a very long time and should probably decline. Rob said he is troubled by having an employee on the Board, but he understands the need to have someone certified. Jim Lehan said he hopes both candidates would both run as well. Jim said both candidates would serve the town very well, but would agree we need someone certified.
It was a unanimous vote.
KP ASSESSMENT
Jack mentioned the KP assessment was changed and Norfolk will save $33,000. He is attending a meeting tomorrow because Wrentham is upset because it will cost them much more. He said we should do what’s fair.
Jack said that Wrentham spent all their free cash and is out $43,000. We all need to get together and discuss this.
JEFF KANE – CONSERVATION COMMISSION INTERVIEW
Jeff Kane said he’s been on the Conservation Commission for 5 years and was Chairman for awhile. He has seen the Board changeover with new members, and doing regulation changes. Weeber project and CPC.
Jeff said he is a civil engineer. He does ConComm type work among other things.
Rob said he was on the ZBA for 9 years. He said in researching his appointment, he was concerned about the town pond issue. He said the boards started talking at each other and not to each other. Rob said he would like his point of view and it became contentious. Jeff agreed. It was a very technical board. The issue came down to swimming and a plan. It showed parking and dredging the pond. He said show us what you really want to do. If we are going to permit this, it is up to us to follow the regulations. Jeff said it snowballed and personalities got in the way. Rob said he knew that the BOS invited ConComm to discuss this, and ConComm refused to show. Jeff didn’t recall, but said it could very well have happened.
Jim Tomaszewski said he was on the Advisory Board for 7 years. He said if you are an advocate for your board, at the end of the day we are all volunteers and need to get the job done. Jim asked how people would say Jeff was to work with. Jeff said hopefully fair and consistent. Jeff said he follows regulations. Jim said with the regulations, there is no way that you go up and beyond. Jeff said there isn’t much wiggle room. DEP is rigid. There are policies for almost everything you do. Jim said he did a project years ago and there was wiggle room.
Jim Lehan said he’s the only one on this Board with history. He said what disturbs him was there was a blatant unwillingness to attend our meeting. When there was a hearing with the state, not one member from ConComm attended the state meeting. Jim said that we need to take that extra step and be there. Jim Lehan said we were involved in litigation. It is the privilege of the BOS. We sent a note to ConComm requesting you not go into executive session without Town Counsel present. George Hall also asked that he be present, or do not go into executive session. They ignored this and Jeff Kane made a motion to go into executive session. You have to consider what’s in the best interest of the Town. You totally ignored us. Jim said the Town has to be the primary
concern. You were more concerned about a non-member of the board that pleaded with you to go into executive session. Jeff said he knows the litigation, and doesn’t remember why they went into executive session. Jeff said the members of his board at that time must have felt it was the right thing to do.
JOHN WAYNE – CONSERVATION COMMISSION INTERVIEW
John Wayne. John is a member of several committees and said he likes moving things along with his other committees - Zoning Bylaw Study Committee and Public Safety Building Committee. John has lived in Norfolk 7 years, and currently works out of his home now. He was asked how he would be if someone was asked. John said easy going and a listener. Rob asked about the Public Safety Building Committee – would he remain a member. John said he wouldn’t give it up because he’s made a commitment. But he is concerned he may need to recuse himself if this came up at ConComm.
Jim Lehan asked why this board? John said he is a fan of the outdoors and wants to be sure our resources are maintained and not lost. He would like to participate and listen to both sides and be educated. At some point there needs to be common sense involved and he wants to help out. Rob said if we do appoint you, it will be a learning curve.
Jim Tomaszewski moved to nominate John Wayne. Rob Garrity seconded. Jim Tomaszewski said he is pleased to hear he has project management experience because there is working together and compromise. You can’t let ideology interfere Rob said that he is concerned about John not having experience, and serving on too many boards. If you could mix the two, you’d have the perfect candidate. It was a unanimous vote. John’s term will expire in 2012.
BUTCH VITO, DPW UPDATE
Butch Vito discussed Everett Street. He looked at stop signs at the intersections. Butch said he will need to talk to Chief Stone as he had a problem with it. He is ready to go, and needs to find a comfort zone with the Police Chief.
With respect to the truck exclusion, he was waiting for Walpole to take a vote. They finally did it a few weeks ago. They did a truck exclusion from Neponset Street to the town line. It is commercially zoned so it will be a hard sell to the State as you can’t exclude trucks on a commercially zoned road. Walpole is not willing to revote it. They don’t want to look like they are routing trucks up Winter St. Maybe instead of a total truck exclusion you can put No Through Trucking. Butch said you don’t submit something that we know will be defeated.
Jim Lehan said when he and Jack met, Walpole was in agreement. They didn’t mention a problem with Winter Street.
Jim will call the Chair of the Walpole Selectmen.
Butch said Freedom Trail to Walpole – cut it off and do some type of temporary barricade.
Nancy Connors, 30 Everett Street said stop signs will slow people down, or they may get discouraged enough to stay on Route 1. Richard Connors said the stop signs are a good idea. Now they are getting huge trucks on a regular basis, although they don’t know why. When there was a concert at Gillette, the traffic was horrible. Walpole didn’t put up the sign they promised to do. Jim Lehan asked what would you want to see happen first? Nancy said stop traffic.
Butch said Chief Stone has concerns with the three stop signs. Jim Lehan suggested that Butch work this out among themselves without the Board. He said they don’t need to hear the concerns. Butch and Chuck and Jack can talk and get a recommendation to the Board by August 3rd.
Paul Connors, 40 Everett Street asked what are you going to do about the trucks? Butch said No thru trucking. The signs are down and they will put them back up.
Rob Garrity moved that the Board of Selectmen execute the Order of Taking dated July 20, 2009 for the purpose of acquiring the rights of entry and permanent rights of access for maintenance and/or drainage purposes on Route 115/Pond Street located between Needham/North Street and Route 1 to make certain safety and transportation improvements to, and for the rehabilitation and improvement of, Route 115/Pond Street; and, further, to award damages to the property owners identified in Exhibit C to that Order of Taking in the amounts listed therein, provided, however, that the DPW Director and/or Town Administrator are authorized to remove any property owner from Exhibit C if that property owner waives such damages in writing prior to recording of the Order of Taking. Jim Tomaszewski seconded, and it was so voted.
Water Issue
Butch mentioned using a supplemental well approved by DEP to give a rest. He has a ban in place. We seemed to be holding our own, and haven’t asked Wrentham for help in 4 weeks. There are things we still need to do. He will start doing a warning and will do a reverse 911. The second warning will be a letter warning the same thing. The third warning will be a fine. Residents need to work with us. We have a bylaw that allows them to impose fines. Butch said we have a well that is starting to fail. Spruce Road will be a limited well in the future because of high iron and manganese. Wells are resting 4 to 6 hours per night.
Jim asked where his comfort level is; is it due to the water ban or because of finding leaks or what? Butch said a little of both, but applauds the residents because they are doing what they are supposed to and he thinks usage is down.
He will update the public on the webpage about all this.
Butch did leak detection. He has all but 10 done. There were 49. He found 14 new ones. Leaks are still late 80’s, early 90’s. Rob said last year they waived the water permit fee for the people on this and it does need to be revoted.
Rob Garrity moved to waive the hookup Water Dept. permitting fee for the work related to repairing services due to the pinhole leak problem. Jim Tomaszewski seconded and it was so voted. This will go back to July 1st.
Jeannette Harney, 7 Worcester Road. Ms. Harney wanted to know why she has to be responsible for this. She thought it was a town problem. However, it is not the town’s problem exclusively. Charles DiPompo, also 7 Worcester Road wondered if what we are experiencing now is the tip of the iceberg. He would like to be able to review the studies already done. The Board explained the financing through the DPW.
Jack mentioned the grounding that Butch made a statement about at our last meeting. Butch suggested disconnecting the grounding from the water pipe. Jack said that Ron Bain, Electrical Inspector is present tonight because he is concerned about this statement. Ron said the grounding has to be there. You can’t disconnect it according to State Code. Jack said he also got a call from NSTAR who was concerned. Ron said they should consult a licensed electrician and they can advise them about disconnecting it, because they will put a supplemental grounding.
On another issue, the Board discussed the condition of roads under Chapter 90 with Butch.
NEW BUSINESS
Jack told the Board that Richard Connors resigned from the Community Preservation Committee. We will need volunteers from Precinct 4. Jack did note that we have received one volunteer, but the Board wants to advertise the position to see if others come forward.
Jack noted that Catherine McDonagh did not accept reappointment to the Re-Engineering Committee. We will be looking for a replacement for her.
Jack discussed the Local option for meals tax. ¾ of a percent. We need to adopt it August 31 for it to be in effect by October 1. To do January 1, we need to do a Special Town Meeting by October 31. It is unlikely either will happen.
Jack reported to the Board that the Planning Department is working through mergers. It is working well with two full time employees and one part time temp position.
The Board discussed yearly goals. Rob and Jim Lehan will do an appraisal and goals for Jack. The Board will come up with 5-8 goals of their own.
Jim Tomaszewski updated the group on tax title property. He would like to move along with this. Jim met with the Treasurer and did some work on it. A Tax Title Custodian will have to be determined.
ACCEPTANCE OF MINUTES
Jim Tomaszewski moved to accept the regular and executive session minutes of May 26, 2009. Rob Garrity seconded, and it was so voted.
Jim Tomaszewski moved to accept the regular and executive session minutes of June 8, 2009. Rob Garrity seconded, and it was so voted.
Jim Tomaszewski moved to accept the special meeting minutes of June 16, 2009. Rob Garrity seconded, and it was so voted.
Jim Tomaszewski moved to accept the regular minutes of June 22, 2009. Rob Garrity seconded, and it was so voted.
At 10:02 p.m., being no further business, Rob Garrity moved to adjourn the meeting. Jim Tomaszewski seconded, and it was so voted.
This is a true and accurate report of the Selectmen’s Meeting of July 20, 2009.
_________________________________________
James M. Tomaszewski, Clerk
| 
