← Wayland Select Board

Wayland Select Board · 2022–2023 Board · Regular meeting

February 13, 2023

24 recorded votes, 3 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Thomas Fay, Adam Gutbezahl, Cherry Karlson, Carol Martin, David Watkins

Absent: None

Every vote, in order

A13. Consent

Approve the Consent Calendar

Minutes, page 1

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by D. Watkins, to approve the Consent Calendar.

From the minutes

“T. Fay moved, seconded by D. Watkins, to approve the Consent Calendar. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Watkins)

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

A3. National Grid Grant of Location Hearing: 42 -53 Concord Road: a) Petitioners request permission

Approve the request from National Grid to install approximately 580 feet of 2-inch plastic main in Concord Road from #42 to just after #53 to transfer service to (2) farm tap services from the...

Minutes, page 2

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by C. Martin, to approve the request from National Grid to install approximately 580 feet of 2-inch plastic main in Concord Road from #42 to just after #53 to transfer service to (2) farm tap services from the 6-inch coated steel- 1959 main as part of the FY23 transmission service remediation program. In discussion, it was the sense of the Board to inform the DPW of the intent to require National Grid to return the road to as-is condition.

From the minutes

“T. Fay moved, seconded by C. Martin, to approve the request from National Grid to install approximately 580 feet of 2-inch plastic main in Concord Road from #42 to just after #53 to transfer service to (2) farm tap services from the 6-inch coated steel- 1959 main as part of the FY23 transmission service remediation program. In discussion, it was the sense of the Board to inform the DPW of the intent to require National Grid to return the road to as-is condition. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Martin)

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

A4. Board Appointments: b)

Appoint E. Kang and K. Sekhar to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as non-voting members for a term ending June 30, 2025 and C. Gruber to a non-voting position...

Minutes, page 2

AppointPassed · Unanimous, 5 present

T. Fay moved, seconded by A. Gutbezahl, that the Select Board, appoint E. Kang and K. Sekhar to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as non-voting members for a term ending June 30, 2025 and C. Gruber to a non-voting position to a term ending June 30, 2024.

From the minutes

“T. Fay moved, seconded by A. Gutbezahl, that the Select Board, appoint E. Kang and K. Sekhar to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as non-voting members for a term ending June 30, 2025 and C. Gruber to a non-voting position to a term ending June 30, 2024. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Gutbezahl)

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

Appoint C. Voight to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as a non-voting member for a term ending at the June 30, 2024

Minutes, page 2

AppointPassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by C. Martin, that the Select Board, appoint C. Voight to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as a non-voting member for a term ending at the June 30, 2024.

From the minutes

“A. Gutbezahl moved, seconded by C. Martin, that the Select Board, appoint C. Voight to the Human Rights, Diversity, Equity and Inclusion Committee (HRDEIC), as a non-voting member for a term ending at the June 30, 2024. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Martin)

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

A5. Open Meeting Law Complaint: discussion and authorization of response to an Open Meeting Law

Authorize K-P. Law, P.C. to submit the letter as prepared and presented on pages of 30-32 of the packet

Minutes, page 3

ApprovePassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by T. Fay, to authorize K-P. Law, P.C. to submit the letter as prepared and presented on pages of 30-32 of the packet.

From the minutes

“A. Gutbezahl moved, seconded by T. Fay, to authorize K-P. Law, P.C. to submit the letter as prepared and presented on pages of 30-32 of the packet. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Fay)

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

A6. Executive Session: a) Pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to

Enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to review and approve the executive session minutes of January 23, 2023 and February 6, 2023...

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

At 8:22 p.m., C. Karlson moved, seconded by C. Martin, that the Select Board enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to review and approve the executive session minutes of January 23, 2023 and February 6, 2023 with the intent to hold said minutes; pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to review and consider for potential release the following executive session minutes related to discussion of reviewing executive session minutes: March 26, 2018; March 27, 2020; December 20, 2021; February 7, June 27, and October 3, 2022; and pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a) (3) to discuss strategy with respect to litigation; the Board will discuss strategy and deliberate on Town of Wayland v. 3M Company et al., Docket No. 2:18-mn2873, and pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a) (3) to discuss strategy with respect to litigation; the Board will discuss strategy and deliberate on Omar Easy v. Wayland School Committee, Town of Wayland, et al, Mass. Commission Against Discrimination (MCAD), Docket No. (unknown), filed February 10, 2023, regarding discrimination claim. Chair C. Karlson declared that a public discussion of these matters may have detrimental effect on the litigating, negotiating or bargaining position of the Town.

From the minutes

“At 8:22 p.m., C. Karlson moved, seconded by C. Martin, that the Select Board enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to review and approve the executive session minutes of January 23, 2023 and February 6, 2023 with the intent to hold said minutes; pursuant to Massachusetts General Laws, Chapter 30A, Section 21 (a) (7) to review and consider for potential release the following executive session minutes related to discussion of reviewing executive session minutes: March 26, 2018; March 27, 2020; December 20, 2021; February 7, June 27, and October 3, 2022; and pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a) (3) to discuss strategy with respect to litigation; the Board will discuss strategy and deliberate on Town of Wayland v. 3M Company et al., Docket No. 2:18-mn2873, and pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a) (3) to discuss strategy with respect to litigation; the Board will discuss strategy and deliberate on Omar Easy v. Wayland School Committee, Town of Wayland, et al, Mass. Commission Against Discrimination (MCAD), Docket No. (unknown), filed February 10, 2023, regarding discrimination claim. Chair C. Karlson declared that a public discussion of these matters may have detrimental effect on the litigating, negotiating or bargaining position of the Town. Roll Call Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0-0.” (Motion: Karlson, second: Martin)

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

A9. 2023 Annual Town Meeting (ATM): discussion of ATM topics, including but not limited to

Insert and recommend approval Article B. Pay Previous Fiscal Year Unpaid Bills and Article C. Current Year Transfers

Minutes, page 4

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by A. Gutbezahl, to insert and recommend approval Article B. Pay Previous Fiscal Year Unpaid Bills and Article C. Current Year Transfers.

From the minutes

“T. Fay moved, seconded by A. Gutbezahl, to insert and recommend approval Article B. Pay Previous Fiscal Year Unpaid Bills and Article C. Current Year Transfers. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Gutbezahl)

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

Insert and recommend approval Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed

Minutes, page 4

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by A. Gutbezahl, to insert and recommend approval Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed.

From the minutes

“T. Fay moved, seconded by A. Gutbezahl, to insert and recommend approval Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Gutbezahl)

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

Co-sponsor the Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed

Minutes, page 4

ApprovePassed · Unanimous, 5 present

C. Martin moved, seconded by T. Fay, to co-sponsor the Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed. In discussion, Chair of the Board of Public Works, Clifford Lewis noted that the BoPW had not voted, but was favorable to the Board co-sponsoring the warrant article.

From the minutes

“C. Martin moved, seconded by T. Fay, to co-sponsor the Article GG. Massachusetts Water Resources Authority (MWRA) Admission Application - Approval to Proceed. In discussion, Chair of the Board of Public Works, Clifford Lewis noted that the BoPW had not voted, but was favorable to the Board co-sponsoring the warrant article. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Martin, second: Fay)

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

Insert Article D. Other Post-Employment Benefits Liability (OPEB) Funding into the warrant

Minutes, page 4

ApprovePassed · Unanimous, 5 present

D. Watkins moved, seconded by C. Martin, to insert Article D. Other Post-Employment Benefits Liability (OPEB) Funding into the warrant.

From the minutes

“D. Watkins moved, seconded by C. Martin, to insert Article D. Other Post-Employment Benefits Liability (OPEB) Funding into the warrant. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Watkins, second: Martin)

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

Insert Article E. Enterprise Fund Budget into the warrant

Minutes, page 4

ApprovePassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by C. Martin, to insert Article E. Enterprise Fund Budget into the warrant.

From the minutes

“A. Gutbezahl moved, seconded by C. Martin, to insert Article E. Enterprise Fund Budget into the warrant. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Martin)

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

Insert Article I. Accept Gifts of Land into the warrant

Minutes, page 4

ApproveFailed · 0–5

T. Fay moved, seconded by C. Martin, to insert Article I. Accept Gifts of Land into the warrant.

No: Fay, Gutbezahl, Karlson, Martin, Watkins

From the minutes

“T. Fay moved, seconded by C. Martin, to insert Article I. Accept Gifts of Land into the warrant. Vote: None. NAY: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. ABSENT: None. ABSTAIN: None. Motion did not pass, 0-5.” (Motion: Fay, second: Martin)

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

Insert Article J. Capital Stabilization Funding into the warrant

Minutes, page 4

ApprovePassed · Unanimous, 5 present

D. Watkins moved, seconded by C. Martin, to insert Article J. Capital Stabilization Funding into the warrant.

From the minutes

“D. Watkins moved, seconded by C. Martin, to insert Article J. Capital Stabilization Funding into the warrant. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Watkins, second: Martin)

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

Insert and support Article L. Hear Reports

Minutes, page 4

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by A. Gutbezahl, to insert and support Article L. Hear Reports.

From the minutes

“T. Fay moved, seconded by A. Gutbezahl, to insert and support Article L. Hear Reports. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Gutbezahl)

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

Insert and support Article M. Sell or Trade Vehicles and Equipment

Minutes, page 4

ApprovePassed · Unanimous, 5 present

T. Fay moved, seconded by C. Martin, to insert and support Article M. Sell or Trade Vehicles and Equipment.

From the minutes

“T. Fay moved, seconded by C. Martin, to insert and support Article M. Sell or Trade Vehicles and Equipment. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Martin)

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

Insert Article Y. Update the Town' Personnel Handbook, Policies and Procedures and Town Code Chapter 43 Personnel

Minutes, page 4

ApprovePassed · Unanimous, 5 present

D. Watkins moved, seconded by C. Martin, to insert Article Y. Update the Town' Personnel Handbook, Policies and Procedures and Town Code Chapter 43 Personnel.

From the minutes

“D. Watkins moved, seconded by C. Martin, to insert Article Y. Update the Town' Personnel Handbook, Policies and Procedures and Town Code Chapter 43 Personnel. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Watkins, second: Martin)

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

Insert and recommend approval of Article Z. Revise Town Code Chapter 43 Personnel, Section 10

Minutes, page 4

ApprovePassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval of Article Z. Revise Town Code Chapter 43 Personnel, Section 10.

From the minutes

“A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval of Article Z. Revise Town Code Chapter 43 Personnel, Section 10. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Martin)

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

Insert and recommend approval of Article AA. Rescind Debt

Minutes, page 5

ApprovePassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval of Article AA. Rescind Debt.

From the minutes

“A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval of Article AA. Rescind Debt. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Martin)

Read it in the official minutes, page 5 (PDF)

Insert and recommend approval Article DD. Bond Payment for Rivers Edge Asbestos Remediation

Minutes, page 5

ApprovePassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval Article DD. Bond Payment for Rivers Edge Asbestos Remediation.

From the minutes

“A. Gutbezahl moved, seconded by C. Martin, to insert and recommend approval Article DD. Bond Payment for Rivers Edge Asbestos Remediation. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Martin)

Read it in the official minutes, page 5 (PDF)

Insert and recommend approval of Article HH. Affirm Remote Participation in Town Meeting

Minutes, page 5

ApprovePassed · 4–0

D. Watkins moved, seconded by T. Fay, to insert and recommend approval of Article HH. Affirm Remote Participation in Town Meeting. In discussion, T. Fay recommended the Board seek advice from Town Counsel. C. Karlson noted she was not comfortable with the language.

Yes: Fay, Gutbezahl, Martin, WatkinsAbstained: Karlson

From the minutes

“D. Watkins moved, seconded by T. Fay, to insert and recommend approval of Article HH. Affirm Remote Participation in Town Meeting. In discussion, T. Fay recommended the Board seek advice from Town Counsel. C. Karlson noted she was not comfortable with the language. Vote: YEA: T. Fay, A. Gutbezahl, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: C. Karlson. Adopted 4-0-1.” (Motion: Watkins, second: Fay)

Read it in the official minutes, page 5 (PDF)

A7. Finance Committee Appointment process

Insert Article U. Animals

Minutes, page 5

ApproveFailed · 0–5

T. Fay moved, seconded by A. Gutbezahl, to insert Article U. Animals. In discussion, the Board noted that the Town Clerk recommended the article be withdrawn.

No: Fay, Gutbezahl, Karlson, Martin, Watkins

From the minutes

“T. Fay moved, seconded by A. Gutbezahl, to insert Article U. Animals. In discussion, the Board noted that the Town Clerk recommended the article be withdrawn. Vote: YEA: None. NAY: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. ABSENT: None. ABSTAIN: None. Motion did not pass, 0-5.” (Motion: Fay, second: Gutbezahl)

Read it in the official minutes, page 5 (PDF)

A12. Minutes: a) Review and approve the minutes of February 6, 2023; Approve the release of the

Approve the minutes of February 6, 2023, as amended

Minutes, page 5

Approve minutesPassed · Unanimous, 5 present

A. Gutbezahl moved, seconded by D. Watkins, to approve the minutes of February 6, 2023, as amended.

From the minutes

“A. Gutbezahl moved, seconded by D. Watkins, to approve the minutes of February 6, 2023, as amended. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Gutbezahl, second: Watkins)

Read it in the official minutes, page 5 (PDF)

Approve the release of the following executive session minutes related to the purchase of Launcher Way: December 13, 2021; January 10, 2022; February 28, 2022 and August 15, 2022

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

C. Martin moved, seconded by D. Watkins, to approve the release of the following executive session minutes related to the purchase of Launcher Way: December 13, 2021; January 10, 2022; February 28, 2022 and August 15, 2022.

From the minutes

“C. Martin moved, seconded by D. Watkins, to approve the release of the following executive session minutes related to the purchase of Launcher Way: December 13, 2021; January 10, 2022; February 28, 2022 and August 15, 2022. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Martin, second: Watkins)

Read it in the official minutes, page 5 (PDF)

A16. Adjourn

Adjourn

Minutes, page 6

ProceduralPassed · Unanimous, 5 present

At 11:35 p.m., T. Fay moved, seconded by C. Martin, to adjourn the meeting of the Select Board.

From the minutes

“At 11:35 p.m., T. Fay moved, seconded by C. Martin, to adjourn the meeting of the Select Board. Vote: YEA: T. Fay, A. Gutbezahl, C. Karlson, C. Martin, D. Watkins. NAY: None. ABSENT: None. ABSTAIN: None. Adopted 5-0.” (Motion: Fay, second: Martin)

Read it in the official minutes, page 6 (PDF)

From the Wayland Select Board’s official minutes: 2018 to 2024 from the town’s Document Center (Agendas & Minutes prior to 2025, Select Board), and 2025 on from its Agenda Center. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Wayland Patch candidate profiles (Thomas Fay, May 2022; William Whitney, April 2023; Carol Martin, April 2024; Doug Levine, May 2024), photos courtesy of the members. Christopher Reynolds from his candidate profile in The Wayland Post (April 2026).

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