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Board of Selectmen Minutes - 2/13/09
BOARD OF SELECTMEN

Natick Town Hall

February 13, 2009

1:00 p.m.

The meeting was called to order by the Chairman John Ciccariello at 1:05 p.m.

PRESENT:  John Ciccariello, Joshua Ostroff, Kristine Van Amsterdam, Carol A. Gloff, John Connolly.

ALSO PRESENT:  Martha White, Town Administrator; Donna Challis, Secretary

APPOINTMENT OF TOWN CLERK
The Board had previously interviewed four candidates for the position of interim Town Clerk – Jordan H.F. Fiore, Onorina Maloney, Michael Hickey, and John Hanlon.  Mr. Ciccariello advised that Mr. Hickey had withdrawn his name from consideration, but that he (Mr. Ciccariello) had checked references for the other three candidates.  He distributed a sheet reflecting comments from the individuals that responded to his calls for a reference check.

With respect to Mr. Fiore, Mr. Ciccariello stated that he received a call from Robert Nunes in the Department of Revenue who indicated he worked with Mr. Fiore in the past and found Mr. Fiore to be a very honorable and honest person who had worked in many positions in Taunton.  He (Mr. Ciccariello) also spoke with the Mayor of Taunton who said Mr. Fiore was an individual very concerned about making sure things were done right.  He (Mr. Fiore) created a very significant document for Taunton on the history of the city and was a very dedicated individual.

Mr. Ciccariello said he checked three references on Onorina Maloney who told him Ms. Maloney was a true professional, very knowledgeable and good at training volunteers.  Another reference found her innovative with an excellent demeanor and spoke of a disciplinary issue that arose in her department and Ms. Maloney’s professionalism in handling the situation.

The comments from Mr. Hanlon’s references attested to him having done just about everything in Everett.  He knew the job and was well respected by his colleagues.  He was innovative and made sure to stay within the budget.  A true gentleman who was well respected in his community.  

Mr. Ciccariello opened the floor to comments from the members of the Board.  Mr. Ostroff thought there were three really well qualified candidates and commended the Town Administrator and the Chair for helping the Board get through this process.   

By paper ballot, Onorina Maloney received three votes and John Hanlon received two.
Mr. Ciccariello voted for Ms. Maloney
Mr. Ostroff voted for Ms. Maloney
Ms. Van Amsterdam voted for Mr. Hanlon
Ms. Gloff voted for Ms. Maloney
Mr. Connolly voted for Mr. Hanlon

Mr. Ciccariello requested the Town Administrator send a letter to everyone who applied thanking them for their interest and a letter to each of the candidates interviewed.  The next step would be to contact Ms. Maloney to negotiate a salary.  

Ms. White noted that Ms. Maloney would be a Town employee and suggested that the Town Bylaws be used as a guide.  While the elected position was not under the Personnel ByLaw, it was guided by that as a foundation.  The position was funded by Town Meeting at a pay grade M2 and she would work within that pay grade.  

Mr. Ciccariello assumed Ms. White would stay within what was previously voted by Town Meeting (for a salary).

EXPENSE CONTROL TASK FORCE MEMBERSHIP
As Chair of the Expense Control Task Force, Ms. Van Amsterdam advised that one member who had been serving on the Task Force as the Finance Committee’s representative had to resign from the Finance Committee because he was in the upcoming election.  She had asked the Chair of the Fin Com about the appointment and believed the Fin Com voted last night to appoint one of their members to serve.  Mr. Lista requested that the Board expand the membership so he could continue on as a citizen at large.

Mr. Ciccariello noted that he received an e-mail from FinCom Chair Rick Jennett saying that given the Board of Selectmen’s position on the School Committee representative, he felt it should be a member of the Finance Committee who served on the Expense Control Task Force.

A motion was made by Mr. Connolly to appoint Tony Lista to the Expense Control Task Force as a citizen at large increasing the size of the task force to nine.  Seconded by Ms. Van Amsterdam.  The motion passed on a 4-01 vote.  Mr. Ciccariello, Ms. Van Amsterdam, Ms. Gloff, Mr. Connolly voted in favor.  Mr. Ostroff abstained.

Prior to the vote Mr. Ostroff stated that he was going to abstain but objectively asked why this appointment would need to be made.  Anyone had the opportunity to engage with that committee as a member of the public.

Ms. Van Amsterdam explained that she was honoring his request in the same way she would any other person who served on a task force.  This was not precedent setting.  In the past the Board may have had more citizens come forward than slots open and there would be a discussion about the size.  The individual has attended most of the Task Force meetings and engaged in very productive discussion with the other members and as such she brought it forward.  

Given that this person had been serving on the Expense Control Task Force, Mr. Ciccariello didn’t have any problem allowing this person to continue.

A motion was made by Mr. Ostroff to confirm the appointment of Mari Barrera as the Finance Committee’s representative to the Expense Control Task Force.  Seconded by Ms. Van Amsterdam and unanimously voted.

For future consideration, Mr. Ostroff asked if it was a fair statement to say that when the Expense Control Task Force presented its initial report the Board took no action on its recommendation and could that be considered the next time the task force presented.  

Mr. Ciccariello suggested that both groups (Expense Control Task Force and Revenue Enhancement Task Force) should be scheduled to meet with the Board shortly.  At some point the Board needs to move forward and determine whether it wants to pursue some of the recommendations presented.  All of those things would impact the future budgets.  

TOWN MEETING WARRANT ARTICLES
Mr. Connolly apologized for being the last minute, but understood that any articles that need to be submitted for Town Meeting had to be in by 5:00 p.m. today.  He asked if the Board would consider sponsoring two articles – one to transfer funds from the Open Space Fund to the general fund and the second to put into place an area where convicted level 3 sex offenders were not allowed to go.  

Ms. White advised that there was something almost identical already on the warrant.  She read the article that had been submitted, and Mr. Connolly withdrew his request.

Mr. Ostroff inquired if Mr. Connolly’s second article (sex offender restriction) had been discussed with Town Counsel.  Mr. Connolly resonded that he did mention it to Counsel but thought it could be tweaked.  The City of Marlborough and Fall River did it.  Right now level 3 sex offenders could go to playgrounds and schools and he would like to see it as an awareness.  

Mr. Ciccariello knew that quite a few communities had enacted those requirements and he didn’t have an issue placing an article on the warrant.  His guess was the questions on legality would come up through the process.  He didn’t know if he would support it right now, but didn’t have a problem putting it on as an article.  

If a member wanted to put something forward for the Board to sponsor, Mr. Ostroff felt that was fairly routine and it didn’t imply the Board supported it.  Mr. Ciccariello agreed, adding that the fact that the Board sponsored the article didn’t mean the Board was in agreement with it.  

A motion was made by Mr. Connolly, seconded by Mr. Ostroff, for the Board to sponsor an article on the restriction of level 3 sex offenders.  Unanimously voted.

Mr. Connolly had given the Board some draft language for the article and asked if it was possible to submit it as written and then tweak the language.  Ms. White advised that the language of the article itself could only be tweaked until 5:00 p.m. today and the motion would have to be within the four corners of the article.  

Having previously drafted a few articles, Mr. Ostroff suggested using something more standardized, i.e.  To see what action the Town will take in restricting the movement of activities of Level 3 sex offender, or take other action thereon.  Mr. Connolly agreed with Mr. Ostroff’s suggestion.

Ms. White informed the Board that she had been advised that the Town would not be ready to accept Newfield Drive.  The Board had voted to put that article on the warrant and she was seeking the Board’s authorization not to include it on the warrant.  Either the plans or documents were not ready.  The Town Engineer has been in touch with the attorney representing the neighborhood and all were in agreement that it was not ready.  It would be ready in the fall.  

On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to reconsider the vote to place a warrant article for the acceptance of Newfield Drive on the Spring Town Meeting warrant.

On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted not to place an article on the Spring Town Meeting warrant for the acceptance of Newfield Drive.  

EXECUTIVE SESSION
A motion was made by Ms. Van Amsterdam, seconded by Ms. Gloff, to enter into executive session for the purpose of discussing a matter pertaining to litigation.  A roll call vote was unanimous in favor of the motion and the Board so retired to executive session at 1:40 p.m. after announcing that the meeting would only return to open session for the purpose of adjournment.

ADJOURNMENT
The meeting was adjourned at 1:45 p.m.



                                                
                                                __________________________________
                                                Kristine Van Amsterdam, Clerk