BOARD OF SELECTMEN
January 24, 2006
Minutes
The Board of Selectmen met on Tuesday, January 24, 2006 in the Town Hall Clark Room.
Selectmen Douglas A.G. Stevenson, Richard A. Allison, Timothy F. Hult, William R. Tice, and John
D. Williams were present for this meeting. Town Administrator Madonna J. McKenzie was also
present.
The meeting was called to order at 7:08 p.m. by Mr. Stevenson.
Town Administrator Report
Mrs. McKenzie spoke about the Insurance Services Office rating for our Building Code Effectiveness
Grading Schedule that was briefly discussed at the last meeting. She said that the ISO is a national
organization that is doing the rating. Mrs. McKenzie passed out a book of building restrictions for
the Board to review. She said that even though Carlisle had a rating of ‘9’, it was not an issue we can
resolve because the rating is due to the State Building Code, according to her discussion with Bob
Koning. The Board had some concern that the rating would increase or affect the insurance rates of
resident’s in the Town. Mr. Stevenson suggested the he and Mrs. McKenzie meet with Building
Inspector Bob Koning to discuss this matter further.
The Site Plan Review for the Banta Davis Fields Phase II will be scheduled on February 14th. Mrs.
McKenzie noted that so far the Board has not received an application on this matter.
A representative from the Minuteman Regional High School will try to attend the February 14th meeting
in order to provide information about their requests for a Stabilization Fund.
The Red Balloon Preschool sent a letter to the Board, informing them that they will no longer
sponsor the annual tree lighting ceremony in December. Mrs. McKenzie said that she has been notified
by Larry Bearfield that he would like to take over this event.
The Conservation Commission has requested that the Board approve a transfer from the Wetlands
“Intents” Account for the purpose of funding the salary for Sylvia Willard for FY06. On a motion
made by Mr. Tice and seconded by Mr. Allison, it was unanimously VOTED to authorize the
transfer of $4,679 from the Wetlands “Intents” Account to the Conservation Commission’s general
budget for the purpose of paying wages to the Conservation Administrator for FY06.
Carlisle School Superintendent Marie Doyle asked the Board to allow her the opportunity to discuss
the inequities in the Chapter 70 Funding Formula and to ask for their support for the Ch. 70 Minimum
Funding Proposal, which would provide a minimum of $2,000 per student to each city and town in
Massachusetts. Ms. Doyle also invited the Board to attend an informational meeting on January 30th
at the R.J. Grey Junior High School in Acton.
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The Carlisle Historical Society requested permission to place an exhibit in Town Hall on the first floor
from March 9th to April 21st. The title of the exhibit is “Musical Memories”. On a motion made by
Mr. Hult and seconded by Mr. Williams it was unanimously VOTED: to authorize the Carlisle
Historical Society to display a small exhibit on the first floor in the Town Hall from March 9th to
April 21, 2006.
Boy Scout Troop #135 has requested permission to hold their annual fertilizer sale at the Transfer
Station from on March 18th and March 25th. DPW Superintendent Gary Davis approved of this
event. On a motion made by Mr. Tice and seconded by Mr. Williams, it was unanimously VOTED:
to allow the Boy Scouts of Troop 135 to hold their annual fund-raising Fertilizer Sale at the Carlisle
Transfer Station on March 18th and March 25th.
A list with the names of all of the members of the Conservation Land Stewardship Subcommittee was
provided by Conservation Administrator Sylvia Willard.
Mrs. McKenzie informed the Board that the Town is in receipt of a check from NESWC in the
amount of $252,720.23. She said that she anticipates one more check from NESWC for about a
thousand dollars.
Mrs. McKenzie provided a copy of the Open Space and Recreation Plan for all of the Selectmen to
review and offer comments.
Community Input
Mr. Alan Carpenito spoke about the last Land Use Committee meeting he attended. He said that
there was some discussion about residents not wanting affordable housing in their neighborhood
and he wanted to make it understood that that was never the case on South Street and the Benfield
Property. The issue with the neighbors and the Benfield/Town-owned land is the recreation fields.
Mr. Carpenito said that they simply do not want playing fields in their neighborhood.
On another matter, Mr. Hult told Mr. Carpenito that he was very impressed with the letter that his
son Evan had sent to the Board of Selectmen.
Mr. Hult also mentioned that he received a letter from Susan Emmons who received the nomination
for the Unsung Heroine award. Ms. Emmons was both surprised and pleased with the nomination.
Mr. Stevenson spoke about the recent passing of Walter Flannery, a long resident who had lived in
Carlisle for a very long time.
Warrant/Caucus/Town Meeting
On a motion made by Mr. Williams and seconded by Mr. Tice, it was unanimously VOTED to
open the warrant for the annual Town Meeting for May 1, 2006.
On a motion made by Mr. Tice and seconded by Mr. Williams, it was unanimously VOTED to set
the date for the Town Caucus for March 13, 2006.
On a motion made by Mr. Williams and seconded by Mr. Tice, it was unanimously VOTED to set
the Town Election on May 9, 2006.
Public Hearing- License to Sell Beer and Wine
At 7:30 p.m. Mr. Stevenson opened the Public Hearing for Carlisle Center Ventures, LLC, d/b/a
Ferns Country Store for a license to sell Wine and Malt Beverages. Present for the Public Hearing
were Larry and Robin Bearfield, the applicants. In reply to Mr. Stevenson, Mrs. McKenzie said that
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the application for the license was complete. In reviewing the application, it was noted that the
Unitarian Church was notified as well as other abutters. Mr. Bearfield said that it is his intention to
sell (packaged) beer and wine in his country store, which he plans to expand. The plans were placed
on the table and Mr. Bearfield explained how the beer and wine would be secluded from the rest of
the store. He said that the sale of beer and wine would be from 10:00 a.m. to 9:00 p.m. on Monday
through Saturday. He noted again that the beer and wine section would be in the (former) garage
area so that it could be closed off from the rest of the store on Sunday. Bearfield said that no
pouring or drinking on premises will be permitted.
The Board asked a few questions pertaining to his actual adding on of the existing garage to be a
part of the building. They wanted to know what would happen if he did not remodel the garage.
Mr. Stevenson said that the approval for the license tonight will be for the plan presented tonight
and it will be referenced in the approval vote.
There was no one present from the Unitarian Church to offer any comments.
The following comments were made from those present.
Laura Baliestiero said that she was in attendance tonight to show support to the Bearfields. She said
that she was very proud of them and she loved what they did to Ferns; it has beautified the corner.
Alan Carpenito said that he was worried about the location of the store in proximity to the school
because of construction workers and truck drivers. He said that he is concerned that they will go
into Ferns, buy beer, and drive away with beer in coffee cups and ultimately endanger the children.
Mr. Ralph Anderson said he greatly supported the application and he added (jokingly) that Larry
should change the name of Ferns to ‘this old keg’.
Mr. David Robbins said that he appreciated the Board of Selectmen’s approach to this issue and he
supports Robin and Larry and that he frequently stops by for cookies and coffee.
Mr. Edward DiRocco said that he was present to support the Bearfields.
Mr. Steve Pearlman said that he respects and trusts and supports the Bearfields.
Kris and Lisa Hales were present to support the Bearfields stating that they have made it (shopping,
that is) convenient.
Mr. Brett Bero said that in time this may all seem much ado about nothing, but aside from that, he
supports the Bearfields.
In reply to Mr. Allison, Mr. Bearfield said that he will have a ‘wine tasting’, but it will be within the
rules and regulations of the ABC Commission.
On a motion made by Mr. Williams and seconded by Mr. Tice, it was unanimously VOTED to
approve the application by Carlisle Center Ventures, LLC, d/b/a Ferns Country Store for a an Off
Premise Liquor License (Section 15) with all supporting documentation as set forth in MGL Chapter
138 Section 15 and in the Carlisle License to Sell Wine and Malt Beverages contingent Policy Manual
construction upon of a facility substantially similar to that submitted as a preliminary design dated
December 20, 2005.
On a motion made by Mr. Williams and seconded by Mr. Tice, it was unanimously VOTED to
authorize chairman of the Board of Selectmen to send a letter to the ABC Commission determining
that to our knowledge that the approved premises will not be detrimental to the Unitarian Church.
Wireless Committee
Mr. Kent Gonzales, one of the members of the wireless cell tower committee, was present to give
the Board an update on their recent activities. He said that the last time the committee was here
they spoke about two primary goals. First, he said, they have been working with a consultant on
rewording the bylaw in order to make it, in his words, “less law-suit friendly”. Mr. Tice, who is also
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working with the committee, said that they have been concentrating on removing useless
terminology from the by-law.
Mr. Gonzales spoke about an exception clause they were considering to place in the by-law. He
explained that with the exception clause the basic criteria of the by-law would still have to be met,
however it will allow immunity to the 900 foot setback rule for towers no more than 60- 90 feet
high. (Multiple carriers can be placed on one pole.)
The Board was very agreeable with the direction of the committee. There was a discussion on
income if a tower was placed on town-owned property. Mr. Gonzales commented that the income
would not be that substantial unless the Town owned the tower too.
The Board was eager to get started and Mr. Stevenson wanted to know how soon an RFP could be
put out and Mr. Hult asked if the Committee would be ready for Town Meeting. Mr. Gonzales
replied that they are working on word cutting, and another member is working on a power point
presentation; so in other words, they will be ready for Town Meeting.
Executive Session
At 8:53 p.m. a motion was made by Mr. Hult and seconded by Mr. Williams, to go into executive
session, for the purpose of discussing contract negotiations, with the intent to return to open
session. The following roll call vote was taken: Tice – aye; Williams – aye; Hult – aye; Allison – aye;
and Stevenson – aye.
The Board returned to open session at 9:13 p.m.
Mr. Tice left the meeting.
Personnel – Problem Resolution Procedure
Chief John Sullivan, Dispatcher Mike Taplin, Patrol Officer Steve Mack, and former employee Pam
Harron were present for this discussion. Mr. Stevenson said tonight we have a personnel issue. He
gave a brief background as to what this matter was about. He said that this issue first came before
the Board a number of months ago. Ms. Harron came to the Board of Selectmen in August with
her complaint that she was not reappointed. She was then referred to the personnel board, who
denied her request for any further recourse and so now she is back to the Board for her final quest.
Mr. Stevenson said it was his understanding that the Board was following Problem Resolution
Procedures - Section 12 of the Personnel Policies, of Town of Carlisle. He said that the Personnel
Policies are for employees and even though Pam is no longer an employee, he will proceed because
she was a valued employee of the Town.
At this time Ms. Harron addressed those present. She listed the positions she held while working
for the Town; they were: cell matron, full time dispatcher, temporary dispatcher, and patrol officer.
She presented payroll change forms that identified when she was full-time, part-time and temporary.
At the time of her discharge, she was a temporary employee.
In June of 2005, when reappointments were made, she was not placed on the re-appointment list.
Ms. Harron said that she enjoyed working in Carlisle and that she did a good job. She said that she
did everything she was asked to do. Mr. Stevenson asked her to state what her complaint is. She
said that she was let go and she thinks it was unfair. She said that she is a victim of sexual
harassment by Dave Galvin, John Sullivan and Mike Taplin. When she did complain, her
complaints were not taken seriously. At this point Mrs. McKenzie asked her if she meant
harassment or sexual harassment. She said she meant harassment. She said she began looking for
another job because of Mike Taplin.
Chief Sullivan said that he worked with Pam a lot and she was a very good employee. There were
issues between her and Taplin and he tried to resolve them, one was over the phone the other was
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over the computer. It seems that Ms. Harron was making personal phone calls and she said Mr.
Taplin was listening to her calls. Another phone was brought in that is not recorded and that issue
was resolved. It was clarified that all calls are taped and it is par of Mr. Taplin’s job to review
emergency calls. Taplin said that making a personal phone call is not an issue at the police
department.
Mr. Stevenson asked her what her requested recourse was. Ms. Harron replied that she wanted her
patrol officer job back with back pay from the beginning of July. Chief Sullivan clarified that Ms.
Harron was put on as a special officer when there was a need for more officers to do detail and it
was tied to her communication job.
Mr. Hult said that he did not think this was the right place to discuss the matter. Officer Mack
questioned how Ms. Harron was notified of her dismissal. He said that it seemed sort of secretive.
Mrs. McKenzie acknowledged there had been a delay in notification and said that this matter was
discussed at the Personnel Board and it was decided that all departments do need to send out letters
if their employees are not going to be re-appointed.
Mrs. McKenzie read the motion from the Personnel Board meeting where Ms. Harron met with the
Personnel Board to discuss her matter and to determine if she was wrongfully discharged.
There was a brief explanation by Taplan and Sullivan that those who work on
communications/dispatch could no longer do traffic officer work.
Mr. Stevenson asked where we should go from here. The Board decided to continue this discussion
at a future meeting.
Fire Department – Medical Director Agreement
Fire Chief David Flannery was present for this discussion on hiring the services of a Medical
Director for the Town Fire Department. He said several years ago legislation was passed to improve
the quality of emergency care across the state. He spoke about some of the duties the Medical
Director will provide, which included: providing oversight and improving the clinical practice of all
Town Fire Department EMS providers, assisting with administering medications, and overseeing a
review of ambulance run reports. The person for the job will be an emergency department
physician from Emerson Hospital who will provide 12 hours of remedial education.
Chief Flannery presented an agreement developed by Emerson Hospital and the Fire Chief and
Town Administrator of Lincoln with their legal counsel. It is an agreement that versatile so all
communities can use the same language.
Chief Flannery said that the cost for the Medical Director will be $1,500 per year, and it could be
paid for from the ambulance receipts. He said that beginning date for the Medical Director was
supposed to be July 1st; however, he said he would like to start as early as March. The Board was in
agreement and they want to get started right a way.
There was a discussion on how funds will be arranged for April, May and June and Mr. Stevenson
said a letter will have to be drafted to the Finance Committee relative to same.
Chief Flannery gave a brief update on ALS. He said two weeks ago he and several other chief’s met
in Concord with Christine Schultz, Emerson Hospital’s Administrator, who informed them that she
obtained a grant to cover a shortfall for ALS services. He said that the chiefs are encouraged by this
recent news.
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Police Chief John Sullivan’s Contract
Mr. Hult moved that the Board of Selectmen authorize a labor contract between the Town of
Carlisle and John R. Sullivan date effective January 25, 2006. The motion was seconded by Mr.
Williams. The Board voted 3 yes and 1 no.
The meeting adjourned at 10:38 p.m.
Respectfully submitted by Margaret de Mare
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