Board of Selectmen Minutes
Meeting date:
Thursday, October 13, 2011
Board of Selectmen Present: Curtis Plante
October 13, 2011 David Lindsay
Stanley Wysocki
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 4:30 p.m.
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Lindsay – yes, Wysocki - yes) to enter into executive session under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) at 4:30 p.m. to discuss collective bargaining. The Board announced it would reconvene to open session.
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Lindsay – yes, Wysocki – yes) to reconvene to open session at 5:00 p.m.
APPOINTMENT OF FIRE CHIEF
At the last Board of Selectmen’s meeting, Mr. Lindsay and Mr. Wysocki were at an impasse regarding the choice to fill the Fire Chief position, and Mr. Plante was asked to invoke the rule of necessity. Mr. Plante confirmed this evening that he contacted the State Ethics Commission and Town Counsel, and was advised that he can’t invoke the rule of necessity because the Board has met the obligation of having a quorum and the rule of necessity does not apply. Mr. Plante stated that even if he were to resign from the Fire Department, he was still advised not to be involved in the process of hiring the Fire chief.
Mr. Plante recused himself at 5:03 p.m. and left the meeting room.
Mr. Lindsay and Mr. Wysocki continue to be at an impasse. Both Mr. Lindsay and Mr. Wysocki were not in favor of Mr. Troup’s suggestion to rotate the Fire Chief. Other options included waiting until May, when a town election could result in a new Selectman, or starting the process over. Mr. Wysocki suggested tabling the decision until after the upcoming Special Town Meeting.
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen agreed to table the discussion until after the special town meeting and revisit it at the Selectmen’s meeting following the Special Town Meeting, with the understanding that if something came up between now and then, the Selectmen could certainly discuss sooner. (Lindsay – yes, Wysocki – yes)
TOWN ADMINISTRATOR REPORT
Metropolitan Planning Organization (MPO) Nomination: At the last Board of Selectmen’s meeting it was voted to nominate Hank Manz, Chairman of the Board of Selectmen in Lexington, to the MPO. Mr. Lowe informed the Board of Selectmen that they had the option to nominate two people. The Board of Selectmen agreed not to exercise this option for a second nominee.
Board of Assessors: The tax classification hearing with the Board of Selectmen is scheduled for November 10, 2011.
Electricity Rate: On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to authorize Mr. Lowe to change the Town’s energy provider to Integris Energy Group Electricity and lock in at an electricity rate of 7.46 cents per kilowatt hour. (Plante – yes, Lindsay – yes, Wysocki – yes)
BOARD OF SELECTMEN’S REPORT
Tri-Town Meeting: Mr. Lindsay reported that all three towns were represented at the Tri-Town meeting of October 5, 2011. Superintendent Wood stated that the high school enrollment is up over 1,000 students, and that a school expansion may be needed. He also anticipates the need for two new bus routes at a cost of $50,000 per bus. It is not clear if this will be needed in FY12 or FY13. The enrollment is not growing quite as fast for the elementary schools, and therefore some non-educational functions will be moved to the new school in Stow which will create space in the Florence Sawyer School and hopefully delay any expansionary renovations at Florence Sawyer for another 3 to 4 years.
The Town of Lancaster said it is also dealing with the repair or removal of a dam in their town.
Review Special Town meeting articles and vote recommendations: The Board of Selectmen reviewed the Special Town Meeting Warrant articles.
Article 2: Senior Tax Rebate Program: The Board of Selectmen supported the goal of this article, but wanted to have a better understanding of the impact it will have on the budget. On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to remove this article from the STM warrant for November 7, 2011. (Plante – yes, Lindsay – no, Wysocki – yes)
Article 4: Amendment to Section 2.5.9 Inclusionary Housing: Mr. Plante proposed that this article be postponed until the Annual Town Meeting because he does not feel enough time has been given to discuss the right solution to the issues.
On a motion made by Lindsay and seconded by Wysocki, however, the Affordable Housing Trust board voted to sponsor this article. (Plante – no, Lindsay – yes, Wysocki – yes, Storey – yes, O’Brien – yes)
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen also voted to recommend approval of this article. (Plante – no, Lindsay – yes, Wysocki – yes).
Article 5: Board of Selectmen – Fire Chief Reporting Change: Mr. Plante recused himself from this discussion. On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to approve this article. (Plante – abstained, Lindsay – yes, Wysocki – yes)
Article 6: Purchase of the Smith Property for Affordable Housing and Town Green: Mr. Plante recused himself from the discussion and left the meeting.
Mr. Storey and Mr. O’Brien, Affordable Housing Trust Fund members and Mr. Heaton, Mr. Held and Mr. Ochsenbein, Partners for Planning, were present for this discussion.
The article was reviewed and revisions made related to the sum being appropriated and borrowed. Mr. Held noted that the changes being made related to the appropriation and borrowing of funds are based on Bond Counsel’s recommendation and not changes recommended by the Partners for Planning.
Additional revisions were made to the summary including the addition of language recommended by the Partners for Planning regarding the appointment of a Town Green Development Commission.
On a motion made by Storey and seconded by O’Brien, the Affordable Housing Trust board voted to authorize the release of $125,000 toward the project and to sponsor the article. (Lindsay – yes, Wysocki – yes, Storey – yes, O’Brien – yes)
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to sponsor the article. (Lindsay – yes, Wysocki – yes)
On a motion made by Wsyocki and seconded by Lindsay, the Board of Selectmen voted to give their recommendation regarding the Smith Property article on town meeting floor. (Lindsay – yes, Wysocki – yes)
Article 7: Authorize Town Election: On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to authorize a Town Election at the Nashoba Regional High School Auditorium on November 21, 2011 to vote on the ballot question.
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to close and execute the warrant for the Special Town Meeting to be held on November 7, 2011. (Plante – yes, Lindsay – yes, Wysocki – yes)
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to adjourn at 6:45 p.m. (Plante – yes, Lindsay – yes, Wysocki – yes)
Respectfully submitted by Linda L. Day