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Boxborough Select Board · 2021–2022 Board · Regular meeting

November 15, 2021

14 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: John Markiewicz, Leslie Fox, Jennifer Campbell, Wesley Fowlks, Diana Lipari

Absent: None

Every vote, in order

EXECUTIVE SESSION

Enter into Executive Session to discuss strategy with respect to litigation (Boxborough Town Center, LLC), per C30A §21 (a), subsection 3, and to reconvene in Open Session after completion of the...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Markiewicz moved to enter into Executive Session to discuss strategy with respect to litigation (Boxborough Town Center, LLC), per C30A §21 (a), subsection 3, and to reconvene in Open Session after completion of the Executive Session, further noting that to discuss in open session may have a detrimental effect on the negotiating position of the Board. Seconded by Lipari. Approved: 5-0 by Roll Call Fox "aye," Campbell "aye," Fowlks "aye," Lipari "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to enter into Executive Session to discuss strategy with respect to litigation (Boxborough Town Center, LLC), per C30A §21 (a), subsection 3, and to reconvene in Open Session after completion of the Executive Session, further noting that to discuss in open session may have a detrimental effect on the negotiating position of the Board. Seconded by Lipari. Approved: 5-0 by Roll Call Fox "aye," Campbell "aye," Fowlks "aye," Lipari "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Lipari)

Read it in the official minutes, page 1 (PDF)

MINUTES

Accept the September 21, 2021 - Regular Session, as written/revised

Minutes, page 1

ApprovePassed · Unanimous, 5 present

Markiewicz moved to accept the September 21, 2021 - Regular Session, as written/revised. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to accept the September 21, 2021 - Regular Session, as written/revised. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Campbell)

Read it in the official minutes, page 1 (PDF)

Accept the October 12, 2021 - Executive Session, as revised

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

Markiewicz moved to accept the October 12, 2021 - Executive Session, as revised. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to accept the October 12, 2021 - Executive Session, as revised. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Campbell)

Read it in the official minutes, page 1 (PDF)

ASSOCIATE PLANNING BOARD MEMBER SEARCH - STATUS

Place this matter on file

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Markiewicz moved to place this matter on file. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to place this matter on file. Seconded by Campbell. Approved: 5-0 by Roll Call Fox "aye," Fowlks "aye," Campbell "aye," Lipari "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Campbell)

Read it in the official minutes, page 2 (PDF)

NEW BUSINESS

Table the vote on Public Records Access Guidelines discussion

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

Campbell moved to table the vote on Public Records Access Guidelines discussion. Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Fox "aye," Fowlks "aye," Lipari "aye," and Markiewicz "aye."

From the minutes

“Campbell moved to table the vote on Public Records Access Guidelines discussion. Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Fox "aye," Fowlks "aye," Lipari "aye," and Markiewicz "aye.".” (Motion: Campbell, second: Lipari)

Read it in the official minutes, page 2 (PDF)

PUBLIC HEARING

Suspend this hearing and continue it until November 29th

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Fox moved to suspend this hearing and continue it until November 29th. Seconded by Campbell. Approved: 5-0 by Roll Call Campbell "aye," Lipari "aye," Fox "aye," Fowlks "aye," and Markiewicz "aye."

From the minutes

“Fox moved to suspend this hearing and continue it until November 29th. Seconded by Campbell. Approved: 5-0 by Roll Call Campbell "aye," Lipari "aye," Fox "aye," Fowlks "aye," and Markiewicz "aye.".” (Motion: Fox, second: Campbell)

Read it in the official minutes, page 2 (PDF)

NATIONAL OPIOIDS CLASS ACTION

For the Town to participate as a subrecipient of the opioid class action

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Markiewicz moved for the Town to participate as a subrecipient of the opioid class action. Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Lipari "aye," Fowlks "aye," Fox "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved for the Town to participate as a subrecipient of the opioid class action. Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Lipari "aye," Fowlks "aye," Fox "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Lipari)

Read it in the official minutes, page 2 (PDF)

PFAS CLASS ACTION

Authorize the Interim Town Administrator to execute a retainer agreement with Napoli Shkolnik, PLLC, relative to the PFAS class action lawsuit, upon review and approval of said retainer agreement...

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Campbell moved to authorize the Interim Town Administrator to execute a retainer agreement with Napoli Shkolnik, PLLC, relative to the PFAS class action lawsuit, upon review and approval of said retainer agreement by Town Counsel [K|P Law] Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Fox "aye," Lipari "aye," Fowlks "aye," and Markiewicz "aye." R.

From the minutes

“Campbell moved to authorize the Interim Town Administrator to execute a retainer agreement with Napoli Shkolnik, PLLC, relative to the PFAS class action lawsuit, upon review and approval of said retainer agreement by Town Counsel [K|P Law] Seconded by Lipari. Approved: 5-0 by Roll Call Campbell "aye," Fox "aye," Lipari "aye," Fowlks "aye," and Markiewicz "aye." R..” (Motion: Campbell, second: Lipari)

Read it in the official minutes, page 3 (PDF)

Direct the Interim Town Administrator, in consultation with Member Campbell, to develop a response to this Open Meeting Law complaint

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Markiewicz moved to direct the Interim Town Administrator, in consultation with Member Campbell, to develop a response to this Open Meeting Law complaint. Seconded by Campbell. Approved: 5-0 by Roll Call Lipari "aye," Fowlks "aye," Campbell "aye," Fox "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to direct the Interim Town Administrator, in consultation with Member Campbell, to develop a response to this Open Meeting Law complaint. Seconded by Campbell. Approved: 5-0 by Roll Call Lipari "aye," Fowlks "aye," Campbell "aye," Fox "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Campbell)

Read it in the official minutes, page 3 (PDF)

Pass over discussion as to Roadwork - MGL Chapter 90 Reimbursement; and to take it up on November 29, 2021

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Markiewicz moved to pass over discussion as to Roadwork - MGL Chapter 90 Reimbursement; and to take it up on November 29, 2021. Seconded by Lipari. Approved: 5-0 by Roll Call Lipari "aye," Fox "aye," Fowlks "aye," Campbell "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to pass over discussion as to Roadwork - MGL Chapter 90 Reimbursement; and to take it up on November 29, 2021. Seconded by Lipari. Approved: 5-0 by Roll Call Lipari "aye," Fox "aye," Fowlks "aye," Campbell "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Lipari)

Read it in the official minutes, page 3 (PDF)

Place this matter on file

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Fowlks moved to place this matter on file. Seconded by Markiewicz. Approved:5-0 by Roll Call Fox "aye," Campbell "aye," Lipari "aye," Fowlks "aye," and Markiewicz "aye."

From the minutes

“Fowlks moved to place this matter on file. Seconded by Markiewicz. Approved:5-0 by Roll Call Fox "aye," Campbell "aye," Lipari "aye," Fowlks "aye," and Markiewicz "aye.".” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

Instruct the Interim Town Administrator to contact the Massachusetts Department of Revenue's Division of Local Services to request an update to the 'Financial Management Review' of the Town of...

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Markiewicz moved to instruct the Interim Town Administrator to contact the Massachusetts Department of Revenue's Division of Local Services to request an update to the 'Financial Management Review' of the Town of Boxborough, which had been prepared by the 'Municipal Data Management and Technical Assistance Bureau' dated June 2001. Seconded by Lipari. Approved: 5-0 by Roll Call Lipari "aye," Campbell "aye," Fox "aye," Fowlks "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to instruct the Interim Town Administrator to contact the Massachusetts Department of Revenue's Division of Local Services to request an update to the 'Financial Management Review' of the Town of Boxborough, which had been prepared by the 'Municipal Data Management and Technical Assistance Bureau' dated June 2001. Seconded by Lipari. Approved: 5-0 by Roll Call Lipari "aye," Campbell "aye," Fox "aye," Fowlks "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Lipari)

Read it in the official minutes, page 3 (PDF)

Table this item until our next meeting

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

Lipari moved to table this item until our next meeting. Seconded by Campbell Approved: 5-0 by Roll Call Lipari "aye," Campbell "aye," Fowlks "aye," Fox "aye," and Markiewicz "aye."

It was seconded by Campbell Approved, who is not a Select Board member.

From the minutes

“Lipari moved to table this item until our next meeting. Seconded by Campbell Approved: 5-0 by Roll Call Lipari "aye," Campbell "aye," Fowlks "aye," Fox "aye," and Markiewicz "aye.".” (Motion: Lipari)

Read it in the official minutes, page 3 (PDF)

ADJOURN

Adjourn

Minutes, page 4

ProceduralPassed · Unanimous, 5 present

Markiewicz moved to adjourn. Seconded by Campbell. Approved: 5-0 by Roll Call Lipari "aye," Fox "aye," Fowlks "aye," Campbell "aye," and Markiewicz "aye."

From the minutes

“Markiewicz moved to adjourn. Seconded by Campbell. Approved: 5-0 by Roll Call Lipari "aye," Fox "aye," Fowlks "aye," Campbell "aye," and Markiewicz "aye.".” (Motion: Markiewicz, second: Campbell)

Read it in the official minutes, page 4 (PDF)

From the Boxborough Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Boxborough Select Board page (named group photo, LCTV) — Sam Anderson, Priya Sundaram, Wes Fowlks, Bob Stemple and Kristin Hilberg. Cropped by MassVoter. Former members show initials.

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