September 18, 1990 Present: William P. Dynan, Chairman
Mark A. Vess
Judith A. Murdoch
Pamela A. Fasci
Robert M. Crowley
Dr. Avery, Superintendent, and Peter Jones, Chairman of School Committee, from Whitman-Hanson met with the Board to discuss request for spending money for roof repairs. Mr. Jones noted problems have been long standing and legal steps have been taken. Structural damage has been found. School Committee recently voted to spend over 5 years 230,000 including cost of repairs and the interest on the loan. Towns option is to say OK and school will go ahead, or call special town meeting to put before the voters. School must fix.
Dr. Avery spoke about Chap. 515 and he spoke to SBAB on several occasions who have indicated good chance of funding at 80% of cost, but will not fund roof repair unless work done first. He has submitted the grant and drawings. Engineers say roof in imminent danger of collapse, school has lost 5 ceilings this summer. Loan rate would be 6.5%. Aug. 29 was meting when this was voted. Were planning to work on roof for 30 to 40 K a year. Would now like to get this done before the snow.
Mrs. Murdoch moved that Board approve the expenditure by the High School for the roof. 2nd Vess. Mr. Avery noted estimate was 230,000, but bid may be lower. Mr. Jones noted that informally Whitman has said to go ahead, but have not taken a vote. Mr. Crowley asked if there were a description of work to be done. Mr. Avery noted large area that must be repaired. Specs. will be sent to the Board. Board voted 5-0 to permit Whitman-Hanson School Committee to go ahead with the work on the roof.
Hanson Improvement Association requests permission for the placement of a sign on Town Hall grounds for the first week in October for Indian Summer Gallery. Mrs. Murdoch moved, 2nd Fasci. Board voted 5-0.
Mr. Vess reported oil collection day was very successful by Recycling Committee. Took in over 800 gallons of oil. He recommends this be done on a regular basis - 4 month periods. Next phase is glass, plastic and paper. Hazardous Waste day is very expensive project.
Smith-Nawazelski area was dedicated. New sign and was very enjoyable.
Fire Dept. has requested Selectmen representatives for EMT 1 Committee and Physical Fitness Committee. Mr. Crowley, Mrs. Fasci and Mr. Nugent will sit on these committees.
Received a letter from Dr. Easton from So. Shore Vo-Tech. waiting for SBAB after the November election. Mr. Nugent noted School needs plans and specs. and are asking Towns to make commitments for that money.
Took overall Fire budget, 309,000, took all costs to date, totalled out, and came up with figure of expended to date of 72,000, added in holiday pay, training, vacation coverage remaining, and estimate of overtime, deducted costs of base salaries for rest of the year. Came up with fact that have approx. 400 or 500 for overtime. If things go status quo, on weekly basis, would cost 400,000 for fire dept. Only appropriated 309,000 so in the hole 93,000 which necessitates changes in the operation as we know it. Options run by Earl Wilson will be discussed at end of exec. session as it involves negotiations. Police Dept. is similar and also involves some change, would be out of money in March with no services.
Perhaps negotiation time could be set for 9:00 after work session.
Mr. Dynan noted that Railroad has been asked to come back to make a presentation before the public. Mr. Nugent suggested the 9th of October. Mr. Dynan suggested the 2nd at 8:00 as this would be a half hour. The railroad will be given the option, with the Board preferring the 2nd or 17th of Oct.
Mr. Nugent reported that there are two articles submitted for the Sp. Town Meeting. He anticipates an article on the financing of the Town cutting 130,000 to 200,000. These options should be discussed.
There were never "as builts" required for street acceptance. This is not law. Board must have this plan done by engineer and certified. Money cost is large. Some newer streets could be accepted, Planner working on this. Approx. five streets that are a problem. May have to determine amount of money needed to accomplish this.
Cash available will be released next week and should know before the Oct. Town Meeting. A statement will also be made that this will be used to offset the deficits on the Cherry Sheet. Board desires to have budgets as they were voted in August for next week.
Mrs. Fasci stated in light of last weeks meeting with Water Commissioners, there is still a problem with Acts of 1916 and should proceed with talks, but feels in best interests of all to put article into Oct. Town Meeting to rescind Acts of 1916 and to have another article to establish a study committee in order to see what direction would benefit the Town. This keeps going around in circles. Mr. Nugent would have to get Town Counsels advice on drafting of this article. Mr. Dynan emphasized that this is not to take anything away from Water Com., but to bring 1916 to 1990 and establish a new act. Mr. Crowley feels this is necessary, Mr. Vess would put this before the Town, Mrs. Murdoch thinks that explanation should be put before the Town and Board prepared to give thorough explanation. Mr. Nugent
noted Committee was going to be made up of Water Com., Selectmen, Nugent, Fin. Com. and 2 citizens at large. Mr. Nugent would also suggest Treasurer/Collector, Accountant, Water Superintendent.
Mrs. McCormack noted that termination of water services will be sent out next week. Additional fee of 100 will be assessed for shut-offs. To avoid interruption in service total amount must be paid by Oct. 1. 160,000 dollars, 173 homes. Some balances are tiny, some 1000. Demands and two bills have been sent. List is accessible. Mr. Dynan noted this is money figured into this years budget. Postage is reimbursed by Water Dept.
Mr. Nugent reminded Board about Water Dept.'s refusal to pay rent on the building. There is an opportunity to reclaim this money through an article. This money was also figured into receipts for the budget process. Mr. Dynan would recommend. Mr. Vess was informed there is no tie-in between this article and the article to rescind the Acts of 1916 by Mrs. Fasci. Mr. Nugent noted Water Dept. has been paying rent on the building 6 or 7 years. This rent increase was determined by the Fin. Com. and Highway Surveyor as a fair and equitable rent for the bldg. Mr. Nugent is looking to discuss the issue. Next year it will not be figured in as part of the receipts. Mr. Vess is bothered as to what the surrounding Towns are doing. Member of audience noted subject to Town meeting
appropriation. $7000 previously.
Mr. Fiella asked if article would be placed in the warrant to put money back into budget for busing. Mr. Nugent noted school committee should submit an article for 105,000 for non-mandated busing. If not submitted by School Committee, Selectmen should submit. Superintendent of Schools will be reminded of this.
Mr. Morway asked if rent article were submitted, that it include all necessary repairs should be paid for by the Town. Mr. Nugent noted that would be part of lease arrangement.
Mrs. Murdoch noted losing the sense of talking about a town, not water dept. and town. Increase was not done arbitrarily. Mr. Morway noted from the same taxpayers and done to avoid 2 1/2.
Mrs. Murdoch noted that unless it is express desire of Fire Fighters, she would like their grievances in open session.
Mrs. Fasci noted a number of people in Town Hall are wearing red white and blue ribbons. ?They are in support of our service personnel oversees. Assistant Assessor/Appraiser is handing these out. She asks the Boards support in wearing one of these themselves.
Mr. Vess would like the executive session extended to item 2, to consider the discipline, dismissal or to hear complaints or charges brought against a public officer, employee, staff member, or individual. This will be regarding charges of insubordination against Mr. Nugent that will be discussed tonight. Mrs. Fasci noted this is a separate issue. Mr. Dynan noted this must be submitted as a separate matter. Mr. Nugent would decline going into exec. session for that issue, he would prefer to discuss it publicly. Press requested that this issue be discussed at this time, as they would not like to wait through the exec. session, they have to go to the school to cover the election.
Mr. Nugent noted that if in fact there are charges made against him, he would like written documentation stating exactly what those charges are, he would like to postpone this discussion to next week, so that he can prepare something in his own defense, and perhaps have the option of having counsel present while Mr. Vess interrogates him, if he feels it is necessary. Mrs. Fasci noted there are 8:30 appointments waiting which have been postponed in the past. She would like to proceed further.
Mr. Dynan made motion to enter exec. session on request of the union. 2nd Vess. Mrs. Fasci does not feel this is a contract negotiating issue, not in favor. Mrs. Murdoch feels dealing with numerous grievances, and people should be aware of procedures to do with negotiations, so not in favor. Mr. Crowley would agree, if should enter area which has to do with negotiations, should stop. Mrs. Murdoch suggested seeking clarification from Mr. Johnson. Mr. Vess also does not see connection with contract negotiations. Mr. Johnson says that grievance properly filed as part of contract and is formal grievance. Most grievances from Fire Dept. have been in exec. session and would advise Board to follow that procedure unless Board will hold all grievances in public session. Mr. Crowley
stated where cannot say all grievances will be held in open session as policy, would have to vote for exec. session. Mr. Dynan would say based on past practice, have gone into exec. session on request, and should continue. Board voted to enter exec. session. Ken Johnson, negotiator in attendance. Firefighters Caron and Becker in attendance. During session Mrs. Murdoch moved to request the union waive the time limits of the grievance until such time as negotiations take place, or if the union will not waive, then Board denies the grievance. Mr. Crowley 2nd. Roll call - Murdoch in favor, Fasci in favor, Vess in favor, Crowley in favor, Dynan in favor.
Mrs. Murdoch moved to deny the grievance. 2nd . Voted 4-0-1 (Vess abstaining because of insufficient information).
Fasci moved to leave exec. session. 2nd Crowley. Voted unanimously. Entered regular session. Mr. Dynan announced the votes taken.
Mr. Vess would like to resolve his accusations right away. Mrs. Murdoch noted if there is a charge to be made, the person to be charged under the law has the right of 48 hours written notice, but out of courtesy to the Board that Board should have notice of what charges are and background is. She would request that be done prior to discussing this. Mr. Nugent noted that tonight is the first time he has heard, he would request this be put in writing, and would like time to prepare. Mr. Dynan asked this be put in writing, the Board will then decide if it warrants action. Mr. Vess will send a letter to Mr. Nugent and to each member of the Board.
Mrs. Fasci moved to adjourn. 2nd Murdoch. Board voted unanimously.
Meeting adjourned at 9:15 p.m.
______________________________
William P. Dynan, Chairman & Clerk
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