State Ethics Complaint Filed Against Sudbury BOS Member

I observed that one of the Sudbury Board of Selectmen, Patricia Brown, recused herself from discussions concerning the proposed siting by Eversource of a transmission line, due to ethical concerns, since the location of her property within 300' proximity to a candidate route makes her a possible 'abutter'.
I also observed that Selectman Leonard Simon's property is within 300' of a candidate route presented by Eversource to the Board of Selectmen, but Selectman Simon did not recuse himself from discussions. I observed that Selectman Leonard Simon actively commented on the merits of siting the proposed transmission line along a different candidate route that does not abut his property.
I observed that Eversource subsequently stopped presenting the candidate route which abuts Selectman Simon's property.

The conflict of interest is described here:

http://www.mass.gov/ethics/education-and-training-resources/educational-materials/advisories/advisory-05-02-abutting-property.html

A GIS map of 40 Meadowbrook Circle may be found here https://www.mapsonline.net/sudburyma/index.html

I sign this Complaint as a sworn statement under the pains and penalties of perjury pursuant to G.L. c. 268B sec. 4.

Details:
2-2-2016 Sudbury Board of Selectman's meeting includes agenda item with map of candidate routes for Eversource transmission line. The candidate routes presented include along an MBTA corridor, along Pratts Mill Road, and along Old Lancaster Road.

2-2-2016 Selectman Pat Brown recuses herself from first BOS meeting with Eversource regarding siting of transmission line, as candidate route along MBTA RoW is within 300' of her property at 34 Whispering Pine Road.

Selectman Leonard Simon does not recuse himself although his property at 40 Meadowbrook Circle is within 300' of candidate route along Pratt's Mill Road. Selectman Simon asks Eversource representative: " How can Sudbury officials and residents make their wishes known to Eversource?" Selectman Simon emphasized it is Sudbury's preference for this to be an underground project [along MBTA RoW], noting there would be significant benefits by doing it underground. Selectman Simon asked if it would be acceptable if the Town wanted to put a hard surface over it in the future. Selectman Simon asked what the surface is intended to be for the access road [along the MBTA RoW].

2-2-2016 Slide 5 on Eversource presentation lists Pratts Mill Road as an alternative route.

3-7-2016 Memo from Selectman Leonard Simon to Sudbury Board of Selectman summarizing his impression of the Hudson Board of Selectman meeting reporting strong support for an MBTA RoW route versus in-streets route.

3-24-2016 Slide 5 on Eversource revised presentation lists Pratts Mill Road as an alternative route

4-5-2016 Page 8 of meeting between Eversource and Sudbury Town Officials lists Pratts Mill Road as "Route Option 2".

9-9-2016 Routing and Design Re-Evaluation Results to Board of Selectmen from Eversource no longer lists Pratts Mill Road as an option, but keeps MBTA RoW and Old Lancaster Road options.

10-26-2016 Presentation by Eversource to Board of Selectmen. No longer lists Pratts Mill Road as an option, but keeps MBTA RoW and Old Lancaster Road options.

LINKS TO SOME MATERIALS:
2-2-2016
https://sudbury.ma.us/boardofselectmen/meeting/board-of-selectmen-meeting-tuesday-february-2-2016/02-02-16-agenda/

https://sudbury.ma.us/boardofselectmen/meeting/board-of-selectmen-meeting-tuesday-february-2-2016/bos-02-02-16_minutes/

https://sudbury.ma.us/boardofselectmen/eversource-sudbury-bos-presentation-final/

https://sudbury.ma.us/boardofselectmen/eversource_extract-from-bos-02-02-16-minutes/

3-7-2016
https://sudbury.ma.us/boardofselectmen/eversource_selectmen-simon-memo-03-07-16/

9-9-2016
https://sudbury.ma.us/selectmen/eversource_routing_design/

10-26-2016
https://sudbury.ma.us/selectmen/sudbury-bos-10-26-16-presentation-final/