Jason Smith Helps Framingham's Newest Selectmen Avoid Awkward Tie Vote

Framingham Selectman Jason Smith helped newly-elected Selectman Cheryl Tully Stoll avoid a tie-breaking decision, in just her second meeting.

Framingham Selectmen and Trustees of the Edgell Grove Cemetery were holding a joint meeting Tuesday night to replace an open 2-year cemetery trustee position.

There were two candidates, who submitted letters to former Framingham Selectmen Chair Dennis Giombetti, before Stoll was elected to the Board of Selectmen on April 1.

The candidates were Ed Stoll, Chery's husband, and Peter Whiting of Brook Street.

Before the vote began, Cheryl, on advice of town counsel announced she filed a conflict of interest report with the Framingham Town Clerk; and was told she could vote on the appointment, because her husband if appointed would receive no financial compensation. However, Stoll said she would abstain, unless she was needed to break a tie.

Framingham Selectmen Chair Charlie Sisitsky read a letter from Stoll on why he wanted to be a Trustee. Stoll was out of town on business.

"Having a great appreciation for the beauty of Edgell Grove Cemetery, a strong business background and experience maintaining grounds and landscaping, I feel that I can bring a unique perspective to this board and would like an opportunity to continue to serve our town," wrote Stoll to then chair Giombetti on Feb. 27. "As the population ages there will be unprecedented capacity pressures placed on cemeteries such as Edgell Grove,and I believe I have the planning skills and financial understanding to help guide Edgell Grove through these challenges. The Edgell Grove Cemetery is a jewel that belongs to the people of Framingham and I would welcome an opportunity to help guide its future."

Whiting, who was in attendance, said he used to work at the Cemetery.  He said he was a lifelong resident of Framingham, and as a contractor was familiar with the grounds maintenance and equipment. 

Edgell Grove Cemetery Trustee Chair Kathleen Griffith told Sisitsky her board would like Whiting to get the position.

Sisitsky explained the position would be appointed based on a majority of votes from both the Trustees and Framingham Selectmen, and said a roll call vote is required.

The vote went as follows:
Edgell Grove Trustee Barbara W. Ford - Whiting
Trustee John J. Silva - Whiting
Trustee Susan Silva - Whiting
Griffith - Whiting
Selectman Smith - Stoll
Selectman Mike Bower - Stoll
Sisitsky - Stoll
Selectman Laurie Lee - Stoll

And, thus a tie.

Stoll said she could vote, but before she could vote she was cut off from speaking by Trustee Ford.

"I'm not happy with her voting," said Ford, who questioned if Stoll spoke to the Massachusetts Attorney General about her right to vote in this matter.

Stoll again explained she spoke to Framingham's Town Counsel and filed the necessary paperwork, and could vote to break the tie. She reminded those in attendance the application by her husband was submitted before she was elected on April 1.

Smith, who originally had suggested both applicants be appointed to the Trustee Board, but was told since it was an elected position, only one could be appointed to the 5-member elected body, called for a re-vote.

Everyone voted exactly the same in the re-vote, except for Smith who changed his vote to Whiting.

The final vote was 5-3 Whiting, who will serve until the town's election in 2016.

"Good choice," said Griffith.