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Selectmen Minutes 05/19/2014

                                                May 19, 2014



The regular meeting of the Board of Selectmen was called to order by Chairman Connor at 7:00 PM in the Arcand Meeting Room with all members in attendance.

The meeting was turned over to Ms. Bokoski who requested nominations for Chairman.  On a Mayhew/Soter motion, the Board unanimously voted to reappoint Mr. Connor as Chairman.
Mr. Connor requested nominations for Vice Chairman.
Mr. Martinis nominated Mr. Spencer, seconded by Mr. Connor.
Mr. Soter nominated Mr. Mayhew, seconded by Mr. Mayhew.
A vote was taken on Mr. Martinis’ motion with Mr. Martinis, Mr. Connor and Mr. Spencer voting in the affirmative.  Mr. Soter and Mr. Mayhew opposed.  The motion passed on a 3-2 vote with Mr. Spencer appointed Vice Chairman.
Mr. Mayhew and Mr. Soter changed their vote approving Mr. Spencer’s appointment.

On a Mayhew/Soter motion, the Board unanimously voted to ratify Mr. Fraine’s appointment of Sgt. Russell to the rank of Lieutenant, Patrolman Leo Elzy and Kenneth Jones to the rank of Sergeant.

Doug Forbes and Rich Latour updated the Board on the addition of the Town of Bellingham to the Central Norfolk Regional Emergency Planning Committee.  Mr. Latour is Bellingham’s local coordinator and participated in the recent tabletop emergency planning exercise held in Bellingham.  Mr. Forbes is the local MEMA coordinator.

Audit Report
Mr. Bob Brown of R.E. Brown & Company appeared before the Board to present the results of the FY2013 Municipal Audit.  Mr. Brown stated there were no deficiencies identified and the Town continues to maintain strong internal controls as well as healthy balances.  Mr. Brown noted the Town had appropriated funds to the stabilization fund, tax stabilization fund and to the capital investment fund during the past year, all commendable in the eyes of rating agencies.  

Mr. Soter questioned whether or not the Town’s unfunded liability with the Norfolk County Retirement System would have an adverse effect on our credit rating.  Mr.

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Brown replied that all cities and towns are in the same situation and that a 30 year schedule for fully funding retirement systems has been mandated by the state.

Public Hearing – Street Acceptance/Linda Way
On a Mayhew/Soter motion, the Board unanimously voted to continue this hearing at the conclusion of the audit report.

Finance Committee member John Allam presented the Board with his comments (attached).  Mr. Allam questioned the Town’s $20 million balance as of June 30th, specifically he is concerned the deposits are not fully insured with a US Government Agency.  He stated the majority of the Town’s cash should be collateralized in the Town’s name.  Mr. Laviolette agreed and stated he would be working on recommendations to address this matter.  
Mr. Connor thanked Mr. Brown for his audit presentation.

On a Mayhew/Soter motion, the Board voted to approve the May 5th minutes as submitted.  Mr. Mayhew, Mr. Soter and Mr. Spencer voted in the affirmative.  Mr. Connor and Mr. Martinis abstained.

Street Acceptance/Linda Way (continued)
Cheryl Peterson of Heritage Design Group represented Maddi North Street Development, LLC and stated approvals from the town agencies have been granted.  Board members asked about the problem with ATV’s entering this property.  Mr. Fraine stated the ATV’s are an ongoing problem in different areas throughout Town and is something that needs addressing.
Mr. Connor asked if there was anyone present who wished to speak on this application.  No one responded.  On a Mayhew/Soter motion, the Board unanimously voted to close the public hearing.
On a Spencer/Mayhew motion, the Board unanimously voted to recommend the street acceptance of Linda Way.

Street Acceptance/Bellingham Estates (continued)
Mr. Soter recused himself from this hearing as an abutter to this project.
Mr. Connor noted that at the Selectmen’s April 28th meeting, it was questioned whether the swale should have been built and not removed as part of the order by the ConCom.  It was decided at that meeting to meet with the ConCom before any recommendation was made by the Selectmen pertaining to this acceptance.
After speaking with the ConCom, the commission reiterated its position that the swale is unnecessary as outlined in the ConCom’s August 30, 2010 letter.
Mr. Connor stated the Board was advised by Counsel not to recommend street acceptance unless Toll Brothers indemnifies the Town from being named in the lawsuit with the Morses.


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Mr. Connor stated the Board would like to have an independent engineer review the issues with the McQuarrie’s property to see where the problem originates and to receive an idea of what it would cost to mitigate the problem.  If this information is not received before the May 28th Annual Town Meeting, the Board will move to place the street acceptance on the Oct., 2014 town meeting warrant.

Attorney Kablack stated his client has not charged him with going forward with indemnifying the Town from the current lawsuit.

Mrs. Morse asked if the ConCom has been out to the McQuarrie’s property to see the situation first-hand.  Board members stated they did not know.  
Mrs. Morse stated she doubted they had been out there.  Mrs. McQuarrie stated she does not remember anyone being on her property recently.

Attorney Kablack stated the ConCom did make a series of site visits in 2013 in order to sign off on the Certificate of Compliance.

Tony Picariello of Standish Road asked why the ConCom was not present this evening.  Mr. Connor stated the Commission’s position had not changed since the August 30th letter and they had nothing new to add to the public hearing.

Mr. Soter, 40 Fox Run Road stated he agrees with the comments made by Mr. Connor this evening and the Board’s decision to have an independent engineer look at the McQuarrie’s property.

The Selectmen decided to hold a brief meeting on May 28th at 7:00 PM allowing them the opportunity to receive information from the independent engineer (if at all possible with such a short timetable).  

On a Mayhew/Spencer motion, the Board unanimously voted to keep the public hearing open to receive any new information that may be forthcoming by an engineer before town meeting.
On a Mayhew/Spencer motion, the Board unanimously voted to have an independent engineer look at the property and possibly receive a course of action on this matter.

Mr. Soter returned to the meeting.

On a Mayhew/Spencer motion, the Board unanimously voted to appoint Barbara Eltzroth to the Town Common Trustees per their recommendation.

On a Mayhew/Spencer motion, the Board unanimously voted to ratify Mr. Fraine’s appointment of Carol Mandile to the position of Assistant Town Accountant.


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On a Mayhew/Soter motion, the Board unanimously voted to approve a temporary Common Victualler License for Ruthie’s Soda Fountain, 1 Mechanic St.


The following are some of the Board of Selectmen goals for the upcoming year:
  • Broadcasting Board/ Committee Meetings
  • ATV enforcement
  • Sign enforcement
  • Auxiliary Police utilizing Senior Tax Write-off participants
  • Trash pick-up on side of road – Maple/High St. area
  • Police Officer bike patrol
  • Limit on Class II Licenses
  • Traffic Cameras at Intersections
  • Sidewalks - construction/repair
  • Teleconference Meetings

Mr. Fraine requested an executive session pertaining to the disposition of tax foreclosure properties.  Members of the Board were polled with all voting in the affirmative.  Mr. Fraine stated the Board will not be returning to open session at the conclusion of the executive session.


On a Mayhew/Martinis motion, the Board unanimously voted to adjourn the meeting at 8:45 PM.


Respectfully submitted,



Jacqueline A. Bokoski
Administrative Assistant