The weekly meeting of the Board of Selectmen was held on Monday evening, January 27, 2003
at 7:30 p.m.
Present: James F. Morey, Chairman; James M. Hardy, Clerk; Eric W. Greene
Michael Botelho, Executive Secretary
Karen Grabau, Adm. Assistant
Mr. Greene was not present for the beginning of the meeting.
Mr. Morey announced that they would hold an Open Forum at this time for those who were in attendance and that Open Forum would also be open at end of meeting as noted on agenda.
Open Forum
David Walsh and Theresa McNulty, members of the Government Review Study Committee presented the Board with copies of the Committee’s Final Report.
Board requested that a copy of the report be placed on the Town’s website; invited residents to send their comments via e-mail of written to the Committee.
Board requested to place the Committee on next week’s agenda to fully discuss the Final Report.
Mr. Morey and Mr. Hardy thanked the Committee on behalf of the Board members for their work.
Mr. Walsh stated that the Committee wanted to thank the department heads for their help; also thanked the residents who took the time to put send comments to the web site. Noted that the Committee took longer than anticipated to finish the report as their wanted to give everyone a chance to meet with them.
Mrs. Sally Feeney, Finance Committee member, met with the Board to announce that the 3rd seminar of Government 101 will be held on February 5 at 7:30 p.m. in the Main Conference Room. Noted that the topic will be “Budget Update and Potential Solutions”. Taking part in the format will be Town Accountant, George Samia; Finance Committee Chairman, David Walsh; Selectmen James Morey and James Hardy. Noted that town officials will give a view of the Town’s financial picture and that Mr. Hardy will outline the 5-year plan and options. Noted that several Department Heads have confirmed that they will be in attendance to answer any questions regarding their department’s budget. Urged all interested residents to attend.
Department Update
John Haines, Tree Warder/Temporary Highway Surveyor and agreed to update on departments and not on budget as this will be discussed in upcoming weeks.
Mr. Haines stated that the Highway Department has been out a total of 30 times so far this winter for sanding; 3 snow events, which required hiring of independent contractors; has expended most of sand/salt allowance already. Stated that he was pleased with the support received from the community and the employees since his appointment as Temporary Highway Surveyor.
Explained that the Highway Department has been doing work on town streets when weather permits; work on catch basins, drainage issues; using a winter mix/hot patch on potholes instead of cold patch when available. Preparing for various projects, which will be started in Spring:
1. West Union Street – 100% design completed; Conservation Commission has signed off on design; has met with contractors and they are ready to begin work as soon as weather permits; project will have limited impact; Spring project.
2. Harvard Street – engineering started; need to do test pits, soil samples, etc; hope to have plans completed by early summer with project work completed by late summer; noted that this project is a complete road reconstruction.
Board of Selectmen -2- January 27, 2003
3. Cheryl Drive – looking at alternative design; problem with surface water collection; need for sub-surface drainage and connection to existing drainage to fix problem. Mid – Summer completion.
Mr. Greene arrived at 7:53 p.m.
4. Three Intersections – waiting for easements; requested to be notified as soon as Town Counsel reports on whether easements can be done without town meeting.
5. Franklin Street- design almost at 100%; needed to address concerns in Hanson; should go to MA Highway shortly.
Mr. Haines gave a brief explanation of how a project proceeds through MA Highway for approval. Noted that next project will be Washington/Oak Street project; design costs will be over $200,000; felt best to not expend Chapter 90 funds at this time for this project; should be a Capital Project. It was noted that this project would be a state/federal funded project.
Mr. Greene cautioned that we need to be aware of Federal funding and not jeopardize project.
Mr. Haines reported on the Department of Public Trees and Land; commended new Foreman Fred Brown for his work; noted that there have be two employees since September when Ken Krushas retired; has hired replacement Jay Doherty, who has experience in tree work.
Board thanked Mr. Haines for his report.
M/Hardy, s/Greene, a unanimous vote, move to approve the minutes of the January 21, 2003 meeting.
Appeal Hearing
Mr. Morey announced that he would explain the Hearing Procedure that would be used this evening. (copy of procedure included in folder).
The following persons were present and identified themselves:
Atty. Robert Garrett, representing Chief of Police
Chief of Police, John L. Silva
Atty. Austin Joyce, representing Off. Kevin Sullivan
Atty. Andrew Gambizi, representing Off. Kevin Sullivan
Officer Kevin Sullivan
Ms. Schroder, MACOPS representative, representing Sgt. Thomas Reed
Sgt. Thomas Reed
Joseph Cooke, Waterside Restaurant
After a short discussion, all present agreed to order of presentation, i.e. Police Department then Officers.
Mr. Morey requested confirmation from all present that they agreed to a joint hearing. All present signified their agreement.
Mr. Cooke requested that he be allowed to speak. Mr. Morey noted that the hearing was relative to the Police Officers and if asked, Mr. Cooke would be allowed to speak.
Board of Selectmen -3- January 27, 2003
Mr. Morey declared the following: This hearing before the Board of Selectmen, the appointing authority, is conducted at the request of Sergeant Thomas Reed and Patrolman Kevin E. Sullivan, under the provisions of MGL chapter 31, section 41 to determine whether there was just cause for suspension.
Michael Botelho in his capacity as a notary swore in Chief of Police Silva and Patrolman Kevin Sullivan.
Mr. Morey at this time noted that under chapter 31, either party can request the hearing to be held in Open Meeting and Chief of Police Silva has requested in writing that the hearing be held in open meeting.
(A COPY OF THE ENTIRE HEARING IS ON VIDEO TAPE AND AVAILABLE)
Atty. Garrett gave an opening statement. Atty. Joyce and Ms. Schrodter declined to make any opening remarks.
Atty. Garrett presented and Chief Silva testified to the following:
Exhibit #1 – Copies of Chief of Police’s letter to Sgt. Reed, Letter from Sgt. Reed to
Selectmen, Letter from Chief of Police requesting open meeting, letter from Selectmen to Sgt. Reed setting hearing date.
Copies of Chief of Police’s letter to Off. Sullivan, Letter from Off. Sullivan to
Selectmen, Letter from Chief of Police requesting open meeting, letter from Selectmen to Off. Sullivan setting hearing date.
Exhibit #2 – Copy of Rules and Regulations 4.0 – Neglect of Duty
Exhibit #3 – EBPD Policy and Procedure – Preliminary Investigations
Exhibit #4 – Copy of Chapter 138, Section 63
Exhibit #5 – Log Report for November 23, 2002
Exhibit #6 – Sgt. Reed’s Report
Exhibit #7 – Off. Sullivan’s Report
Exhibit #8 – Copy of Waterside Restaurant Liquor License
Exhibit #9 - Copy of Waterside Restaurant Occupancy Permit
Exhibit #10 – Copy of Certified Letter from Town Clerk re: Sgt. Reed’s appointment as
Liquor Agent
Exhibit #11 – Copy of Certified Letter from Town Clerk re: Off. Sullivan’s appointment as
Liquor Agent
Chief Silva gave his testimony regarding his findings, resolution and reasons for his suspension of Sgt. Reed and Off. Sullivan.
At end of Chief Silva’s testimony, Atty. Joyce directed questions to Chief Silva through the Chairman of the Board of Selectmen. Also, Ms. Schrodter directed questions to Chief Silva.
Questions from the Board were directed to Chief Silva.
Atty. Joyce and Ms. Schrodter stated that they had no rebuttal and would introduce nothing further into the records.
Atty. Garrett made a final statement.
Atty. Joyce made a rebuttal statement.
Board of Selectmen -4- January 27, 2003
Mr. Morey stated that he felt that the Board should take the matter under advisement for review of information presented and make their decision at the February 3 meeting. Noted that the Board has 7 days from conclusion to render a decision on the appeal.
Mr. Greene stated that he was ready tonight to render a decision.
M/Hardy, s/Morey, move to continue appeal hearing to February 3, 2003.
VOTE: Yes – Morey, Hardy; No – Greene; a majority vote in favor.
Hearing attendees left meeting at 9:55 p.m.
Open Forum
No one present
Executive Secretary Report
1. Public Meeting – Carver Dam Meeting, February 11, 7:00 p.m.
2. Meeting with Legislative Delegation – changed from February 7 to February 21 at 2p.m.
Mr. Morey noted that he would not be in town during the week of February 17 – 21.
Reminders:
Rep. Kathy Teahen Office Hours – Thursday, February 13, 7-8 p.m.
Cong. Stephen Lynch Office Hours – Wednesday, February 19, 9-11 a.m.
Mr. Hardy noted that Gov. Romney would give an address on Wednesday which will outline his plans for budget cuts.
Correspondence
MMA – re budget cuts
Dept. of Education re: compliance with spending FY02 and FY03
Letter from John Delano regarding North Water Street/Ortenzi property; Conservation
Commission to act on letter on Tuesday; place on next week’s agenda for Board Discussion.
Letter from MADD requesting list of liquor licensees. Board requested that list be sent.
Mr. Morey commended EBHS student Kenneth C. Retman for his work on putting together an impact statement for the students regarding budget cuts. Thanked him for his input.
M/Hardy, s/Greene, move to close Open Session and go into Executive Session for the purpose of discussing non-union contracts, collective bargaining and pending litigation and will not be returning to Open Session.
VOTE: Yes – Greene, Hardy, Morey; a unanimous vote in favor.
Meeting adjourned at 10:13 p.m.
__________________________________Clerk
Board of Selectmen
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