Select Board Notes, 22 July 2024: A Midsummer Night’s Meeting

July 26, 2024
Resident Concerns:

Traffic safety on Central Street again arose as a resident concern, as Mr. Scott Smyers called attention to a recent accident, and a history of accidents near his residence. Mr. Smyers also noted the sporadic appearance of movable traffic speed monitors at the location and suggested that Acton purchase more of those devices.

Chair Update/Town Manager Update/Members Minute
  • Select Board Chair Fran Arsenault praised the Acton Conservation Commission, OARS, and the volunteers who removed an estimated 17,000 water chestnuts from Ice House Pond.
  • Board member Jim Snyder Grant had earlier voiced concerns for pedestrian and bicycle accommodations in the Massachusetts Department of Transportation (DOT) proposal to reconstruct the Route 2 off-ramp onto Main Street (Route 27). At the present meeting, Mr. Snyder-Grant relayed assurances that pedestrian and bicycle lanes “will be seamlessly connected to the corridors created by the Kelly’s Corner project”.
  • Board member Alissa Nicol, as well as Chair Arsenault, called attention to the Habitat for All survey; Ms. Nicol said she learned, at a July 9 meeting of the Habitat for All working group, that only 300 responses to the survey had been received; and that the survey related to a zoning proposal that would “…make cluster zoning the default…” for all of Acton. Ms. Nicol also mentioned that the Acton Water District had awarded contracts for South Acton and Central Acton PFAS removal systems.
  • Board member Dean Charter mentioned an Acton 250 committee and Acton Memorial Library joint program on October 1, 2024, at 6:00 PM at the Memorial Library, noting that the date was close to the Crown Resistance Day (October 3, 1774) anniversary. The Acton 250 calendar of events notes the return of Dr. Mary Fuhrer for an upcoming (Sep. 25, 2024) Crown Resistance Day talk.
  • Town Manager John Mangiaratti congratulated Eva Szkaradek, who will retire in September after 30 years as Town Clerk. The Board approved a procedure to recruit and interview Town Clerk candidates.
  • Assistant Town Manager Thom Begin congratulated the Acton-Boxborough Youth Baseball Little League team on their advancement to the State Finals, noting that the team is “… three wins away from going to the Little League World Series”.
Site Plan Special Permit Hearing

Mr. Werner Gossels and Ms. Bonnie Gossels presented their application for a special permit that would allow construction of a ramp and a second-floor access door to the Technology Square building at 531 Main Street, via the existing Post Office Square access road. The addition would facilitate entry and exit for people with limited mobility. The Board reviewed comments from Town staff; reviewed the statutory requirements for a special permit; and after a brief discussion approved the permit.

New/Special Business

Appointment of a new member to the Board of Registrars: Acton has a four-member Board of Registrars of Voters, one member being the town clerk, as specified by Massachusetts state law. The law also mandates political considerations for Board membership. After the resignation of one registrar the Select Board chose a new registrar at the present meeting. The following (slightly-long) quote enables a fairly short description of the proceedings.

Massachusetts General Laws (MGL), Chapter 51, Section 17 provides for “… a board of registrars of voters consisting of the city or town clerk and three other persons…”; “…the selectmen …shall so appoint [so] that … the members of the board shall represent the two leading political parties… and provided further, that in no case shall an appointment be made as to cause a board to have more than two members, including the city or town clerk, of the same political party. Every such appointment shall be made … from a list to be submitted to them by the town committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party resident in the town, selected by a majority vote at a duly called meeting… every member of a board of registrars of voters shall serve until the expiration of his term and until his successor has qualified…”. Chapter 51, Section 20 specifies “If there is a vacancy in the board of registrars…[the] selectmen may appoint … some person to fill such vacancy temporarily, who is of the same political party as the member whose position he is appointed to fill.”

Board member Jim Snyder-Grant opened the discussion by saying that the Board had been remiss in its duties with respect to the Board of Registrars; the current vacancy should have been filled before April 1, 2024. The name of the resigning Registrar, who had been serving past his term in the absence of a new appointment, had been submitted by the ARTC but he was registered as “unenrolled,” that is, not a member of either the Democratic or Republican party. The Chairs of the Acton Democratic and Republican Town Committees (ADTC, ARTC) had submitted names of Registrar nominees to the Board.

The Board proceeded in two steps, deciding first whether to fill the vacancy with a Republican or Democrat, and second, to formally appoint the new Registrar. Discussion was varied and lively, with participation from people present at the meeting and online. The historical composition of the Board of Registrars, the unenrolled status of the departing registrar whose name had been submitted by the ARTC, and the issue of minority representation of Republicans in a town where Democrats are a majority of the voters that are not unenrolled, were among the Board’s considerations. Board members noted during the discussion that in the event of an unenrolled town clerk, the Board would have the option to alternate majority ‘D’ and majority ‘R’. In the end the Board voted 3-2 to appoint a Republican Registrar; and subsequently unanimously voted to appoint Mr. John Norton as Registrar.

Briefly noted
  • Status of Current Capital Projects: Town Manager John Mangiaratti and Assistant Manager Thom Begin updated the Board on the status of a list of projects both ongoing (for example, the River Street dam site work and the Gardner Field playground) and planned (McManus Manor and the Dog Park).
  • The Board approved a request from the Acton Community Housing Corporation for $150,000 for the Acton Housing Authority’s McManus Manor Project; those funds will be drawn from the ACHC’s Community Preservation Act community housing grants account.
  • Next Steps for Potential Leaf Blower Bylaw: A proposal to ban gas-powered leaf blowers has been before the Board twice, and at the recent Town Meeting the proposal was remanded to the Board for reconsideration and refinement. The Board’s discussion was procedural, agreeing to solicit suggestions from Town staff and residents; a public forum was proposed but no date was set. Board member David Martin agreed to take the lead on advancing the proposal.
  • Regarding Town Counsel Review of Citizen Petition Articles: Board member Martin called attention to the Board’s past practice of not involving Town Counsel (the attorneys – lawyers – that the town retains to advise the Town on official matters) to review citizen petitions until after those petitions have been certified by the Town Clerk. Mr. Martin advocated for formalizing that practice as policy. Arguments for the proposed policy included cost-containment and avoiding the appearance of Town favoritism or endorsement of a petition. Mr. Martin agreed to draft a policy statement.

Tom Beals is the Select Board beat reporter for the Acton Exchange. He was an Acton Registrar of Voters from 2016 to 2023.

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