Dalton Select Board Argues Over Sidewalk Article

By Sabrina DammsiBerkshires Staff
Print Story | Email Story
DALTON, Mass. — A heated discussion concerning sidewalks during Monday night's Select Board meeting resulted in the acting chair calling a recess to cool the situation. 
 
The debate stemmed from the two articles on the town meeting warrant for May 6 at 7 p.m. at Wahconah Regional High School. 
 
One proposes purchasing a sidewalk paver for $64,000 so sidewalks can be paved or repaired for less money, but they will use asphalt rather than concrete. The other would amend the town's bylaws to mandate the use of concrete for all future sidewalks. 
 
The article on concrete sidewalks was added to the warrant through a citizen petition led by resident Todd Logan. 
 
The board was determining whether to recommend the article when member John Boyle took the conversation in a new direction by addressing how the petition was brought about. 
 
"I just have a comment about this whole procedure. I'm very disappointed in the fact that you [Logan] have been working, lobbying various groups and implementing this plan and filed this petition six weeks ago. You never had any respect for the Select Board and …" Boyle said. 
 
Before Boyle could finish his statement, which was directed to Logan, who was in the audience, Chair Joe Diver called point of order via Zoom. 
 
Diver was unable to attend the meeting in person and Vice Chair Daniel Esko was leading the meeting in person. 
 
"I think our Select Board member Mr. Boyle, should address his comments to the topic and not directly to the petitioner," Diver said. 
 
Although Boyle apologized and thanked Diver for bringing the issue to his attention, he disregarded the advice and continued addressing his comments to Logan, resulting in Diver calling point of order for a second time. 
 
"Hey, Joe, can we have a discussion on this board without you butting in and telling us how to conduct ourselves. I'm talking to Mr. Logan, OK. Please don't interrupt me again," Boyle said. 
 
He proceeded to direct his comments to Logan rather than the topic, expressing his frustration with how quickly this article came to be and how the board was not included in the conversation.
 
Diver called point of order for a third time. This time Esko also directed Boyle to address his comments to the board. 
 
"I think [Boyle] certainly has the right to his view, and he's not incorrect that there was very little time for engagement, and I don't necessarily disagree with what you're saying that we weren't consulted, but at the same time I don't know that I want to get into a postmortem of how this article came to be. I don't think that's helpful," Esko said. 
 
In a follow-up conversation with iBerkshires, Logan clarified that the development of the petition began with a private conversation with three of the Select Board members on March 4. 
 
He went on to write the petition on March 5 and gathered 22 signatures within 24 hours, and handed it in by the March 7 deadline. 
 
How the article came to be does not matter. It's done. Residents have a right to file a petition, Select Board member Marc Strout said.
 
"I think we need to leave it at that," Esko said and allowed one comment from Logan. 
 
Logan attempted to shift the conversation back to the article "because that is more important," he said. 
 
He then told the board that he had been speaking to the Finance Committee chair, William Droshen, about funding issues and various methods of funding sidewalks. 
 
"The petition that I'm working on is to establish a stabilization fund for sidewalks funded interestingly enough, John, with $30,000," Logan said, referencing Boyle's comment from earlier in the meeting where he said the town should be putting more funds whether it's $15,000, $20,0000 or $30,000 in the highway department budget for sidewalk repairs. 
 
Before Logan could finish talking about his idea to create a stabilization fund he was cut off by Boyle, who sarcastically called a point of order. 
 
Logan later clarified that the stabilization fund would be funded annually with $30,000 and noted that this could be accomplished with a future petition.
 
"Point of order Mr. Chairman," Boyle said as Esko proceeded to advise him that there is no need to go down that road. 
 
Despite Esko's attempts to defuse the situation, Boyle said to Diver, "What, why can’t you say nothin." At the same time, Logan attempted to say he was trying to give Boyle credit for his previous statement.
 
"Mr. Boyle, please," Esko said over the top of Boyle’s comments, while Boyle continued, "No, I don’t gotta put up with this shit," he said. 
 
With tensions high, Strout called for a 10 minute recess. 
 
When the members returned, tensions were not as high and a motion was made not to recommend the article.
 
The decision narrowly passed 3-2, with Dan Esko, Robert Bishop and John Boyle voting for the motion and Joe Diver and Marc Strout against.
 
Diver said on Tuesday that because he was remote, the vice chair acts as chair, so it was Esko's responsibility to step in and control the tone. 
 
"I think it is inappropriate for a [board] member to question a citizen petitioner on on their approach to that topic," Diver said. 
 
"The board member should have addressed the actual article and the bylaw structure that is being voted on at town meeting, that was the purpose of the agenda item. The purpose of the agenda item was not to debate the issue with the petitioner."
 
Anyone can call a point of order, so when Boyle addressed the petitioner, and Esko was not stepping in, Diver called a point of order. 
 
"There's no requirement for petitioner to meet with department heads or go through finance committees or go through all these hoops and hurdles, on any issue," Diver said.
 
"The citizen petition is there for the citizens to engage in democracy and bring things forward. They just need to meet the requirement of the 10 signatures on any topic that they want. So, I think Boyle was completely out of line in the way that he was treating [Logan] last night." 
 
There is no recourse to prevent a situation like this to happen in the future, Diver said 
 
"Unless we file a censure against the Select Board member behaving in that manner, which we haven't talked about doing," he said. 
 
"That would be the only recourse we would have in such a situation. The other recourse is let the voters speak when that particular board member is up for re-election."

Tags: citizens petition,   sidewalks,   town meeting warrant,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Lanesborough Town Meeting to Vote Budget, Bylaws & Vehicle Purchases

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — Tuesday's annual town meeting includes a $14 million operating budget, new short-term rentals, accessory dwelling units and sign bylaws, and free cash article appropriations.

Voters will gather at Lanesborough Elementary School on June 9 at 6 p.m. to decide on 20 warrant articles.

The fiscal 2027 budget is up a little over 10 percent. Some of the main increases are the Mount Greylock Regional School District and McCann Technical School: the McCann assessment is up more than 30 percent based on factors including enrollment and the school renovation project, and Mount Greylock's is up 11 percent.

Article 11 is for the town to vote to approve from free cash the sum of $16,298.48 for the McCann Technical School roof and window replacement project so as not to impact the budget. Article 3 is  appropriate $7,586,284 for Mount Greylock Regional School assessment.

Another notable increase was in life and health insurance, showing an increase of about 26 percent.

Ambulance Director Jen Weber is planning 24-hour coverage, which means more staff and a hike in her budget. One of the articles asks the town to appropriate $234,100 to operate the Ambulance Enterprise Fund for salaries and expenses.

Many town departments are looking for new vehicles. The Fire Department is looking to replace its outdated 1996 fire engine. There are two articles related to the truck at a total of $813,366. Article 12 would transfer $225,000 from free cash into the Fire Truck Stabilization Fund; Article 13 would transfer $605,000 from the fund and authorize the borrowing of $208,366.08.

The total includes a $100,000 contingency cost to cover any additional costs if a 2026 model-year chassis cannot be secured before new emissions standards go into effect in 2027.

The board at its last meeting moved the $225,000 transfer to come before the borrowing article, changing the stabilization number. If the $225,000 is not voted on, then they will amend the next article's number on the floor, subtracting the $225,000. This shows the borrowing number significantly lower.

Article 17 asks for the transfer of $80,000 from free cash to replace a police cruiser.

Police Chief Rob Derksen's aim is to replace one vehicle every other year, meaning the oldest vehicle gets replaced about every 10 years. 

He stressed that if delayed this year, the town may have to double up in a future year to get back on schedule, and that paying later usually costs more. The article will ask for $80,000 from free cash, the vehicles used to be funded by the BHRD.

Lastly, the Highway Department is looking to replace a 2014 International dump truck that will be a total of $330,000 and will take two to three years to receive.

Money will be used from last year's approval of $250,000 from free cash for the replacement of a 2012 highway front-end loader that was underspent $49,261. Town meeting is being asked to approve  a transfer of $53,274.85 from free cash and the use of $227,464 from funds from the Sale of Town Real Estate to fund the balance.

Other free cash proposals include $1,200 to purchase software to support tracking and ongoing maintenance schedules of town-owned vehicles; $42,000 for the replacement of the Highway Department's storage shed roof, $200,000 to reduce the tax levy.

View Full Story

More Pittsfield Stories