July 26, 2010
Present was Robert J. Garrity, James M. Tomaszewski, James C. Lehan, Jack Hathaway, Town Administrator and Marian Harrington, Executive Assistant.
Rob opened the meeting at 7:03 p.m. Rob announced that the meeting is video and audio taped. Jack Hathaway read the agenda.
COMMITTEE INTERVIEWS
Paul Cochran, 2 Sweetland Farm Road. Mr. Cochran is interested in the Capital Outlay Committee. He has three children and has lived in Norfolk his whole life. At his job, he manages the IT budget and capital investment portfolio. He would like to become more involved in the town.
The Board thanked him for coming in, and explained what the Capital Outlay Committee does, although we haven’t had funding the past few years.
Jim Lehan said that with or without money, we should have the Capital Outlay Committee become active and see what our needs are.
TOWN ADMINISTRATOR REPORT
Action Item
Jim Lehan moved to appoint Shawn Dooley as associate member to the Zoning Board of Appeals, term to expire 6/30/11. Jim Tomaszewski seconded, and Rob said he talked to the Chair of ZBA and he would like Shawn reappointed. It was so voted.
Budget
Jack mentioned budget items. He said he printed out Chapter 70 Cherry Sheet for Norfolk. He has tried to reach Sen. Ross’ office, but to no avail. Jack said the number we used in our budget was the number that we got.
Selectmen’s Goals
The three Selectmen and Town Administrator all read their goals, which they had formulated for the coming year. They were all discussed. Two additional goals were added: to stop the water leak, and to work the transition of the DPW with the Director retiring in December.
COMMITTEE INTERVIEW – Continued
Economic Development Committee
William Haddad, 11 Worcester Road was present. He is an attorney and works in Boston. He told the Board that he has been in Norfolk approximately three years. His interest is to see what he can do to help out. He had indicated an interest in EDC and Capital Outlay. Mr. Haddad is familiar with Stop & Shop. He is also familiar with zoning laws, etc. Will told the Board he is more interested in EDC because it’s broader and he doesn’t have an accounting background for Capital Outlay. He has time to commit.
Jim Lehan moved to appoint William Haddad to the Economic Development Committee, subject to the Planning Board (as this is a joint appointment of the two boards), term to expire 6/30/11. Jim Tomaszewski seconded, and it was so voted.
Jim Lehan moved to appoint Paul Cochran to the Capital Outlay Committee, term to expire 6/30/11. Jim Tomaszewski seconded, and it was so voted.
Jack said that he met with David Rosenberg who chairs the Moderator’s IT Committee. He would like to meet with the Selectmen and discuss a web page for town meeting warrant use.
TOWN COUNSEL – SECOND INTERVIEWS
Kopelman & Paige, P.C.
Joyce Frank, Pat Cantor and John Dolan were present from Kopelman & Paige.
Joyce Frank was asked how she would handle the transition. Joyce said it is an established process, but would speak with us and tailor it for a smooth transition at no charge. They would need to get up to speed. Joyce said she would work with Jack and try to get familiar with what’s going on. She would arrange to meet with our current counsel to get caught up with what he had been working on. Joyce said she would go to his office, pick up files, and work through them.
She was asked if we wanted office hours, would you do them. Joyce Frank said yes. She said although they said they aren’t in favor of them, they have done them and they can work. She would recommend only a few months and then faze them out. Just long enough so everyone works through the process.
Joyce was asked, Why Norfolk? Joyce said she is responsible for 8 communities. 98% of their practice is spent on municipal law. She felt that Norfolk fit in with the communities she works with. Some are smaller; some are larger. We are mid range.
Pat Cantor explained her field of land use. She also works on telecommunication, and cell towers. They have back up and will also get back to us when we need the answer.
Jack questioned the 53G. Pat said it has been used. Rob questioned 40R’s. Pat said the firm has done quite a few.
They have environmental consultants on board for issues such as Southwood, and have done clean up issues before.
Proactive instead of reactive. How would you take preventative measures? Joyce said they send out memos. Considering email blasts. John said they believe in educating their clients. They show how to hold a public hearing, write a decision, etc. He said employment law would help Jack with Human Resources.
Jim L. asked about financial stability. How do you handle times like now where some clients may not use legal resources? Joyce said they started out conservative. She said she was the fifth attorney hired, and there are now 55. They do handle special counsel work for cities & towns that they aren’t counsel to. They live with Prop 2 ½ and budgets, like all of us, so they are careful.
Joyce did urge us not to send her contracts that were already signed. She said it is more difficult for her to negotiate and make changes when it has already been signed by all parties.
Murphy, Hesse, Toomey & Lehane
Robert Mangiaratti, Brendan Moss and Kevin Bresnahan.
Bob Mangiaratti said they brought Kevin because he does the labor work and he knew last time we mentioned a labor attorney.
The Board asked about their expertise with land use. Bob cited several cases and said they do land use. The Board asked about environmental cleanup such as Southwood. He said they do have counsel who has done this, but has no cases right now.
The board questioned how would you transition and how much would it be? Bob said he would work with former counsel and obtain records. They will do 15 hours at no charge. They pretty much dig into it. Each case is fact specific, but they would interview people they need information from. They feel 15 hours of transition time is sufficient.
Proactive as far as reactive. Bob said they have a client advisory. They issue bulletins and newsletters. Kevin said that they would advise us of things such as the recent change with the open meeting law, etc.
Jack asked about planning. Bob said they follow other models, too.
The board questioned labor. Kevin said they began as a labor based firm in the 70’s. There were ten attorneys doing labor. Kevin works on seven contracts for Norwood. He is familiar with police/fire labor contacts. He recently did collective bargaining with GIC – insurance. He has now been through the process and knows the ins and outs. He negotiated a teachers strike, and has experience with that.
Rob asked about 40R. He said you have to have the bylaw in place as a starting point, and work with Planning to be sure everything is lined up.
Jim L. asked about a conflict as you represent our School. Bob said they would do everything to avoid a conflict.
The board asked what else the firm does besides municipal. They have 30 attorneys, IT and paralegals. They do 65% public; the rest is private.
Bob said they talked about fees. They would be willing for first year to go at $165 a year instead of $175.
Both firms left the meeting, and the board discussed their position on town counsel.
Jim L. liked both, but was impressed with Kopelman & Paige. He said he rated the two firms, and came up with 38 and 36. He could go either way and wouldn’t be upset with either one. He did say that Joyce Frank impressed him tonight.
Jim T. said when he called references, Kopelman & Paige shined as far as towns who worked with them.
Rob was in agreement with Kopelman & Paige.
Jim Lehan moved to appoint Kopelman & Paige as Town Counsel for FY11. Jim Tomaszewski seconded, and it was so voted.
Rob and Jim L. both said they found George helpful and great to work for, but preferred a diversified firm with more rounded offers. This is not a reflection of George Hall.
Selectmen’s Goals - Continued
The Board continued discussion of their goals and confirmed that they would go ahead with them.
Rob Garrity moved that these be the Board goals for FY11. Jim Lehan seconded, and it was so voted.
Old Business
Jim Tomaszewski gave a summary of the Ad Hoc Access Road Committee.
He said it was determined that there would be at least 60 to 120 trucks. They agreed we need the access road, because Boardman Street won’t hold the traffic.
Jim said they formed several sub-committees to do the work. They will be holding meetings, and hoping to wrap up this up around August 5th, or thereabouts.
Jack gave a report of his meeting with Butch at DEP in Boston regarding water.
New Business
Jim Lehan gave an update on the Fire and Police Departments. He said he spoke with both Chief’s last week. He said that Chief Stone lost a police officer, but was cautiously optimistic at this point.
With respect to Fire, there is a strong belief that Gov. Patrick will sign a relief act which means that only one paramedic will have to be on the ambulance with one EMT. It will help Chief Bushnell manage the shifts. EMT’s would be able to drive, where they couldn’t before.
Jack said that Chief Bushnell has had four people out injured. As of this weekend, they are all back. Peter is back part time. The four have been long term disability.
At 9:37 p.m., Jim Lehan moved to go into executive session for the purpose of contract negotiations. Jim Tomaszewski seconded, and it was a roll call vote: Jim Lehan, aye; Jim Tomaszewski, aye; and Rob Garrity, aye. The Board will not return to open session except to adjourn the meeting.
At 10:00 p.m., being no further business, Jim Lehan 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 26, 2010.
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James C. Lehan, Clerk
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