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March 06, 2024, Finance Committee Meeting - Virtual Meeting. Minutes
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Canton Finance Committee Minutes Voted on: 3/20/24
801 Washington Street Vote: 6-0-1
Canton, MA 02021
Meeting Minutes
March 6, 2024
Finance Committee Members Present: Dave Clough, Dan Cole, Emilio Mauro, Tim McKenna, Maureen Menconi,
Reuki Schutt and Cindy Thomas.
Finance Committee Members Absent: Karen Foley and Kristin Mirliani.
Guests Present:
Charlie Doody, Town Administrator
Ellen Jones, Recording Secretary
Jen Kemalian, Executive Assistant
Tracy Kenney, Town Clerk
Jody Middleton, HR Director
David Nichols, Trustee of the Homeowners Associaton (Article 31)
Randy Scollins, Finance Director
Paul Schneiders, Attorney, Sponsor of Article 31
Call Meeting to Order: Mr. Mauro called the virtual Zoom Finance Committee meeting to order at 7:05 p.m.
Ms. Thomas joined the meeting shortly thereafter.
Review of the Agenda – Ms. Thomas reviewed the agenda items that included FY25 budget discussion with HR
Director Jody Middleton as well as discussion and voting on several Annual Town Meeting (ATM) Articles.
Discussion – FY25 Municipal Budget Requests
#154 Human Resources Department – Jody Middleton
The following are the highlights of Ms. Middleton’s FY25 budget request for the HR Department:
• Requesting a total budget increase of $12,782.35.
• $2,782.35 increase for contractual obligations for the second year of the contract with LexiPol – the software
company HR uses for updating electronic state and federal policies and procedures.
• $10,000 increase for Employee Training overall for Municipal Departments succession planning and
supervisory training.
#913 Unemployment Compensation – Jody Middleton
• Level funded at $100,000 per year. Ms. Middleton reported that there have been no shortfalls to the
unemployment compensation budget and that the Town pays claims as they come in.
Discussion of Article 24 - Amend by-Law Article IV Section 12 (Voting) and Section 17 (Motion to Require the
Use of Written Ballots) - Tracy Kenny, Town Clerk and Jen Kemalian, Executive Assistant
Ms. Kemalian and Ms. Kenney provided the following highlights for Article 24:
• The amendment to Section 12 would eliminate the first paragraph (standing vote) and replace it with a new
paragraph that gives discretion to the Moderator to utilize electronic voting technology when available. If
electronic voting is not used, a voice vote shall take place first. If Moderator is in doubt then vote will be
determined by a display of voter cards. If Moderator has further doubt, a repeat of the display of voting cards
will take place. If seven or more voters doubt this by displaying their voting cards, the Moderator shall without
debate order a new display of voting cards and shall appoint tellers to return the count. At the discretion of
the Moderator the voice vote may be eliminated. No appeal from the results of new display of voting cards
and return of counts by the tellers.
• The deletion of Section 17 would eliminate the use of written ballots as well as the 36-hour suspension of the
vote to prepare the written ballots.
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Mr. Clough thought it was great that the Town was going to modernize the way voting procedures work at town meeting.
Mr. Clough had concerns with the Town Clerk’s operating budget requesting for the appropriation of electronic voting
devices since it could be wasteful spending based on the purposed language of Article 24. Mr. Clough suggested that
electronic voting should be required and not at the discretion of the moderator if the town is going to appropriate funds
toward electronic voting devices. It was suggested that the word “written balloted” should be more well defined as there
was a lot of confusion and different interpretations of written ballots at the 2023 Special Town Meeting.
Mr.Clough asked Ms. Kenney how other comparable towns have their by-laws worded for electric voting and if its
required or at the discretion of the moderator. A list of towns that currently use electronic voting was questioned. Ms.
Kenney confirmed that if the number of voters exceeds the number of clickers available, the vendor could be contacted
for additional clickers. She stated that Canton needs to be progressive to help with providing privacy to the voters and
to update the by-law to modernize Canton’s voting procedures. She reported that the following communities are already
using electronic voting devices: Stoughton, Dedham, Westwood, Avon and Whitman. Communities with open town
meeting and representative town meeting are using the devices.
Mr. Scollins stated that $10,000 for the rental of electronic voting devices is not included in the Town Clerk budget and
is being proposed for FY25 and that there are no certainties that the $10,000 will be funded. He further stated that
there will be many reductions to the budget requests in order to balance the budget for FY25.
Ms. Kemalian will reach out to Town Counsel for further clarification regarding the amendments.
Discussion of Article 31 – Accept Saddleback Lane & Horseshoe Lane as Town Ways – Attorney Paul
Schneiders
Mr. Doody stated that he has been working with Attorney Schneiders and the residents for a year on bringing these
two roads before Town Meeting to be accepted. Mr. Doody provided the following information regarding the street
acceptances as follows:
• The development was part of a Chapter 40B development done on Randolph Street. At the time of the
development it was agreed that Saddleback Lane would remain as a private way indefinitely and it was
intended to never be accepted by the Town.
• Recently the courts decided to strike the language “shall remain forever a private road” from the ZBA’s
decision.
• After having contacted the Town Engineer for his opinion with regard to the acceptance of the street, there
are several concerns.
• From the sewer perspective, there is a sewer pumping station on Saddleback Lane that pumps the sewer
directly into Randolph’s sewer system. The Sewer Division does not want to take on the added responsibility
for fixing and maintaining the pumping station.
• The water mains are buried deeper than typical for the accepted roads in Canton. The Water Division stated
that it would be difficult for them to maintain the water infrastructure.
• The Town Engineer, Mr. Koka, reported to Mr. Doody that the road is not constructed to the rules and
regulations of the sub-division standards for Canton. One of the rules cited is the site lines at the intersection
of Randolph Street and Saddleback Lane. The site line does not meet the minimum requirements under the
subdivision rules and regulations. The required site line distance is 325 feet. The Engineer reported that the
site line is well under the 325 feet and that it could be a safety and liability issue for the Town.
• Mr. Doody also reported that the Select Board is ultimately the board authorized to lay out public ways and
accept roadways. Even if Town Meeting were to accept these two streets the Select Board has to acquire the
properties within 120 days of the vote. The Select Board could opt not to accept these streets.
For the above reasons Mr. Doody believes the Town will oppose the acceptance of the roads.
Mr. Schneiders spoke in support of the acceptance of these streets for the following reasons:
• In July 2010 the first ZBA decision for this subdivision said that the Town would not accept these roads.
• In October 2010 the Massachusetts Housing Committee reversed the ZBA’s decision and specifically struck
out any language that said the Town would not accept the roads and that it was contrary to the Ch. 40B
regulations. This is no longer a condition and it is based on a court order. A subsequent ZBA decision did
strike the language out entirely. A subsequent ZBA decision also sent the plans to the Canton Planning Board.
The Planning Board approved the plans and sent them back to the ZBA who approved the plans.
• The streets are 100% in compliance with the Town of Canton’s ZBA decision and it is unfair that 14 years later
to say that it is not built in compliance with the ZBA’s approval.
• The sewer pumping station is not part of the roads and the residents are not asking for the pumping station to
be accepted.
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• The water mains were approved at the time by the Town Engineer. While these water mains may be buried
deeper than typical they were approved by the Engineer, the Planning Board and the ZBA in accordance with
the 40B plans.
• The whole purpose of the 40B project was to allow affordable housing for residents and to keep the Town at
the required state level of 10% for affordable housing.
• The line of site is on an approved as-built plan approved by the Town of Canton. Mr. Schneiders does not
think it is fair for the Town to say it’s approved and then 14 years later say it is not approved.
• At the time the decision was made the proponents agreed to give the Town $300,000 to the Town of Canton
to offset any problems they had with a 40B. The $300,000 went to the Town of Canton and in his opinion it is
almost a repudiation of that agreement to accept the funds and then not agree to accept the roads.
• Currently, the Town plows and maintains the roads. The easement set aside back in 2010 was set aside so
that the Town could take over that easement.
• Only a small percentage of the residents in that area were able to obtain their homes at a lesser price. The
remainder of the residents are bearing the brunt of the private ways as opposed to public ways.
• The residents in this area are paying the same taxes as any other property owners but are generating a
significant amount to the Town because of the value of their homes.
• The condition of the roads is in very good shape. Currently there are over 100 roads in Canton that are waiting
to be accepted by the Town but because of the conditions of the roads it would be at a great expense to the
Town. The Town Engineer did not find any problems with these two roads and agreed that they are in good
shape.
• The width of the roads is lessor, site line is under and the water mains are buried slightly deeper because of
40B.
Because of the above reasons Attorney Schneiders is hopeful that the Board will accept the streets.
If the Town accepts the roads the Homeowners Association will not dissolve but it would be dissolved of the
responsibility for the roads. The Homeowners Association has responsibility for the sewer pumping association, a
stormwater retention pond and landscaping. Mr. Doody stated that there were many variances granted to the project
so it would comply with 40B and the variances allowed it to be built in such a way that it would not be built in the normal
manner of a subdivision. He further stated that in order for the Town to accept the road it would have to be in compliance
with the subdivision rules and regulations.
Mr. McKenna inquired why it has taken 14 years for the streets to be presented for acceptance by the Town. Attorney
Schneiders explained that it was 14 years ago when the 40B was first filed. Mr. Nicholas, a homeowner and Trustee
of the Homeowners Association, explained that he was one of the first residences built and moved in about 6-7 years
ago, when the development was still under construction. The development has since been completed three years ago
at which time the final topcoat of pavement was installed. He also stated that the development had changed hands a
few times because there was a previous developer that gave up due to difficulties of busting up rocks. Acorn Woods
was the eventual last developer. Mr. Schneiders stated that the road is clearly not a 14-year old road and is in excellent
shape. Again, the Town Engineer has not found any issues with the condition of the roads, despite the width of the
road being built as per 40B. Mr. Nicholas explained that the requirement for the line of site is 350 feet which the street
is only 10-15 short of this requirement. Mr. Doody stated that the line of site requirement is 325 feet and the actual line
of site for the road is 290 feet.
Ms. Thomas stated that she was struggling with the fact that 40B provides flexibilities that are allowable but are not
consistent with the Town’s road acceptance policy which almost implies that no 40B roads could be ever be accepted.
She is also aware of the many residents who want their roads accepted and do not have a pathway to do that.
Mr. Nicholas confirmed that there are 28 lots, 31residences, with three lots that have duplexes. To meet the planning
requirements there are 3 duplex houses with three bedrooms in each duplex. There are also two houses on Randolph
Street that as part of the agreement the Town of Canton made them take out their septic systems and hook up into the
Town’s sewer system that is paid for by the Canton Hills Association. In total there are eight properties that are deemed
40B. Attorney Schneiders clarified that the houses on Randolph Street are already on a street that is an accepted road.
Twenty five homeowners paid full price for their houses while six did not.
Mr. Doody is not aware of any other 40B projects in the Town for which the roads have been accepted. Attorney
Schneiders was involved with the first 40B project in the Town at the Arboretum. He does not know if those roads have
been accepted.
Mr. Mauro inquired if there was any mitigation whereby the Town could accept the road with the present site lines as
is. Attorney Schneiders stated that there were several existing intersections in Town that are not in compliance with
site lines, such as the most dramatic one of pulling out of the Town Hall parking lot onto Sherman Street. Mr. Mauro
also inquired if there was an amount to bring the roads up to the Towns’ standards to be supportive of the street
acceptance. Attorney Schneiders stated that there were 13 criteria that they had to meet in order to bring this to Town
Meeting and they met all of them except one. The one was to agree to a betterment.
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Mr. Doody explained that if you start to make exceptions for some neighborhoods it could set a precedent for other neighborhoods. He stated that the Town would need clarification from Town Counsel that if the roads were accepted the HOA would dissolve. Ms. Thomas inquired of Mr. Scollins that if the Town accepts the roads, what are the costs that the Town would incur for taking of the land. Mr. Scollins stated that the total costs are unknown and would be best answered by Mr. Trotta. Mr. Scollins does not know where the water and sewer lines actually lie in the road. Ms. Thomas was not inquiring about water and sewer costs but was inquiring about title references, land takings, eminent domain etc. to take ownership of the land. Mr. Scollins stated that the legal and regulatory costs would be more manageable and would pale in comparison to the costs of water and sewer. Mr. Clough mentioned that while on the Finance Committee there was always a warrant article for accepting town ways. This was the first article the Town had disputed accepting the town way. Mr. Clough noted that it sets a bad precedent for the Town to not accept an approved 40B development as a town way and it may preclude other developers from building 40B developments in town which could jeopardize our 10% affordable housing requirements. Mr. Cole stated the developer followed the rules of the town during the development and now the town is trying to change the rules after the development. Mr. Scollins stated that if the water and sewer lines were retained and maintained by the HOA, he is not sure where those lines lie. If they are under the roads and if maintenance is required to those lines that are under the roads, and if significant disturbance were to occur to the roads, who would be responsible for the road repairs. Attorney Schneiders replied that if there were problems with the water and sewer lines he would think that the Town would want to have control of the roads in order to get to those utilities. Mr. Mauro stated that if the Finance Committee voted to support Article 31, it would only be recommending that the ATM authorize the Select Board to pursue a potential acquisition of these two roadways as public roads within the 120- day time window that follows such authorization. It would not obligate any action by the Select Board nor establish any specific agreement conditions regarding those roads. Attorney Schneiders inquired if the vote at ATM is a 2/3 vote or a simple majority. Mr. Doody will inquire with Town Counsel. The issue with regard to the HOA being dissolved or not dissolved needs to be clarified. Ms. Thomas suggested to the Finance Committee that they hold on their vote and would let Attorney Schneiders know of a future date of when Article 31 would be discussed and voted on. Discussion and Vote - Article 5 - Collective Bargaining Agreements under the Select Board Mr. Scollins reported that negotiations would not be complete in time for ATM. The negotiations have been lengthy and complicated. There are funds budgeted for the contracts once settled in Department #910. A motion made by Mr. Mauro that the subject matter of Article 5 be indefinitely postponed was seconded by Mr. McKenna. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. Mr. McKenna will write the Finance Committee’s discussion for Article 5. Discussion and Vote - Article 6 – Personal Service Contracts under the Select Board There are 13 personal service contracts that have not been settled yet. The number of personal service contracts will be reduced and switched over to the Personnel Board. A motion made by Mr. Mauro that the subject matter of Article 6 be indefinitely postponed was seconded by Mr. McKenna. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye FINCOM 20240306 Minutes WRS DvC EM Final.docx Page 4 of 8 3/9/24
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Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. Mr. McKenna will write the Finance Committee’s discussion for Article 6. Discussion and Vote - Article 12 – Accept General or Session Laws Enacted by the General Court Mr. Doody has confirmed that there are no general or session laws to be accepted. A motion made by Ms. Schutt that the subject matter of Article 12 be indefinitely postponed was seconded by Mr. Mauro. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. Discussion and Vote - Article 20 – Establish 1860 Washington Street Redevelopment Stabilization Account Mr. Doody stated that the 1860 Washington Street Redevelopment Stabilization Account would be used to put aside funds for the redevelopment of the St. Gerard’s property. The Town has secured some funds through a grant from the State. In response to Mr. Clough’s inquiry regarding the Recommendations of the Reuse Committee, Mr. Doody stated that they have received feedback from the community with three possible reuses for the property: 1) a Community Center for classes, 2) open space and 3) Municipal office space. The building and grounds are currently being maintained by the Department of Public Works. If Article 29 is passed at ATM and the Maintenance Department is removed from the DPW, the Central Maintenance Division will assume responsibility for the property. Mr. Clough was concerned with the transfer since the town does not have a time frame on the project or a project plan. Mr. Clough though it would be a better idea to put the funds into the Galvin Middle School Stabilization Account since that was a large debt project and these funds would be better used to offset tax increases to residents as a result of building the new middle school. A motion made by Mr. Mauro that an 1860 Washington St. Redevelopment Stabilization Fund be established in the Treasury of the Town pursuant to Chapter 40 section 5B of the general laws for the purpose of redevelopment of the 1860 Washington St. property, and that this 1860 Washington St. Redevelopment Stabilization Fund be funded by the transfer of $1,000,000 from Free Cash (Undesignated Fund Balance) in the Treasury of the Town was seconded by Ms. Schutt. Roll Call Vote: Ms. Schutt Aye Mr. Clough Nay Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 6-1-0. Ms. Schutt volunteered to write the Finance Committee’s discussion for Article 20. Mr. Clough volunteered to write the alternate discussion. Ms. Thomas stated she was open to whatever works and if Mr. Clough wanted to write something different that would be fine. Discussion and Vote - Article 26 – Article to Transfer Shepard Pond, Bolivar Pond, Silk, Mill & Messinger Pond Land from the Select Board to Conservation Commission Mr. Doody explained that this vote will transfer the maintenance of the ponds to the Conservation Commission. Mr. Clough spoke of his concerns about the use of chemicals and the effect on the environment and animals. Mr. Doody stated that the chemicals used are approved by the DEP. A motion made by Ms. Schutt that the Select Board pursuant to Chapter 40, Section 15A of the General Laws of the Commonwealth, transfer the care, custody, jurisdiction, and control of the above listed parcels of land to the Canton Conservation Commission and that the parcels of land be hereafter dedicated to conservation and passive recreation was seconded by Mr. McKenna. FINCOM 20240306 Minutes WRS DvC EM Final.docx Page 5 of 8 3/9/24
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Roll Call Vote: Ms. Schutt Aye Mr. Clough Abstain Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 6-0-1. Ms. Schutt volunteered to write the Finance Committee’s discussion for Article 26. Discussion and Vote - Article 29 – Remove Property Maintenance from Department of Public Works to Establish a Central Maintenance Department Property Maintenance used to be a separate department of the Town. Then it was moved as a department under the Department of Public Works. If approved at ATM it would be removed from the DPW and would be a separate Town Department. The goal of Central Maintenance would be to maintain the Town buildings using the 2017 Building Study. A motion made by Mr. Mauro that the Town rescind its vote pursuant to Article 41 of the 2015 Annual Town Meeting “Consolidation of Department of Public Works and Property Maintenance Department” and that the Property Maintenance Division of the Department of Public Works becomes its own free standing Department to be known as Central Maintenance Department of the Town reporting directly to the Select Board and Town Administrator was seconded by Mr. McKenna. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. Discussion and Vote - Article 2 – Adopt Rules to Govern Town Meeting Article 2 Motion #1 A motion made by Mr. McKenna that this 2024 Annual Town Meeting shall meet on consecutive Monday and Wednesday evenings in the Morse Auditorium on the grounds of the Canton High School, 900 Washington Street, until the business of this Annual Town Meeting has been concluded, each such session to begin at 7:00 o’clock P.M. and to adjourn at 11:00 o’clock P.M., or as near that hour as may be feasible, according to the nature of the business pending at the said hour was seconded by Ms. Schutt. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. Article 2 Motion #2 A motion made by Ms. Schutt that the following individuals be granted all of the rights and privileges of participation in this Annual Town Meeting, except the right to vote, under any article of this warrant which affects matters within their jurisdiction as written in the warrant was seconded by Mr. Mauro. Roll Call Vote: Ms. Schutt Aye Mr. Clough Aye Ms. Menconi Aye Mr. Mauro Aye Mr. McKenna Aye Ms. Thomas Aye Mr. Cole Aye Vote: 7-0-0. FINCOM 20240306 Minutes WRS DvC EM Final.docx Page 6 of 8 3/9/24
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Article 2 Motion #3
A motion made by Mr. Mauro that Article 2 Motion 3 be recommended as printed in the warrant was
seconded by Ms. Schutt.
Roll Call Vote:
Ms. Schutt Aye Mr. Clough Aye
Ms. Menconi Aye Mr. Mauro Aye
Mr. McKenna Aye Ms. Thomas Aye
Mr. Cole Aye
Vote: 7-0-0.
Discussion and Vote – Article 25 - Amend by-Law Article VII Part B (Finance Committee)
A motion made by Ms. Schutt that By-Law Article VII Part B be amended as follows:
Section 1: the phrase “involving an appropriation” shall be replaced with the phrase “having a
financial impact on the Town including but not limited to appropriations”
Section 4: and the phrase “and those having a financial impact on the Town” be added after the
word “appropriations” in the last sentence.
was seconded by Mr. Mauro.
Roll Call Vote:
Ms. Schutt Aye Mr. Clough Aye
Ms. Menconi Aye Mr. Mauro Aye
Mr. McKenna Aye Ms. Thomas Aye
Mr. Cole Aye
Vote: 7-0-0.
Meeting Minutes: A motion made by Ms. Schutt to approve the February 28, 2024 meeting minutes with a
correction on page one to correct the word “two” with the word “the” was seconded by Mr. McKenna.
Roll Call Vote:
Ms. Schutt Aye Mr. Cough Aye
Ms. Menconi Aye Mr. Mauro Aye
Mr. McKenna Aye Ms. Thomas Aye
Mr. Cole Aye
Vote: 7-0-0.
Next Meeting Date: The next meeting will take place on March 13, 2024 as a virtual meeting via Zoom.
Meeting Adjournment: A motion made by Mr. McKenna to adjourn the meeting at approximately 9:20 p.m.
was seconded by Ms. Schutt.
Roll Call Vote:
Mr. Mauro Aye Mr. Clough Aye
Ms. Menconi Aye Mr. Cole Aye
Ms. Thomas Aye Mr. McKenna Aye
Ms. Schutt Aye
Vote: 7-0-0.
Minutes reviewed by: Dave Clough
Respectfully submitted,
Cindy Thomas
Chair, Canton Finance Committee and
Sub-Committee to Review Compensation of Elected Officials
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Finance Committee
Meeting Documents
March 6, 2024
Please note: Some meeting documents may be found on the Town’s website under the Posted Minutes
section (Laser Fiche).
Agenda – March 6, 2024.
Budget documents discussed at the meeting may be found on the Town’s Website under the Finance Committee
section. The budget documents are subject to change as the budget process progresses. These documents may
also be found at the below links:
https://town.canton.ma.us/DocumentCenter/View/10987/FY25-Municipal-Budget---Dept-Requests---Jan-2024---Part-
1-of-2
https://town.canton.ma.us/DocumentCenter/View/10988/FY25-Municipal-Budget---Dept-Requests---Jan-2024---Part-
2-of-2
Article 31 – Documents and Information regarding Saddleback Lane and Horseshoe Lane (53 pages).
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