Minutes: June 21, 1994 - Selectmen Meeting
Selectmen attending: Joseph Frisoli, Chair; Judith Murdoch, Vice-
Chair; Peter Jones, Charles Flynn and Catherine Kuchinski, Clerk.
Also: Joseph Nugent, Executive Secretary to the Board.
Opening: Frisoli called the meeting to order at 7:30pm.
I. School Building Committee Report: As the Selectmen's
representative to the W-H School Building James Haggerty came
before the Board to give the current status of the Committee's
work. He thanked the Board for the recent appointment and then
gave the history of the last two years long range facility
planning process for the regional school buildings. He noted
that over the next 6 years an added 1,000 students is projected.
He explained the hiring process for the architect recently
employed by the committee to look at all the buildings in
relation to enrollment projections. The committee is looking at
the June 1, 1995 cut-off date for state 82 percent reimbursement
of school building costs. Repairs to existing school buildings
is not eligible for reimbursement. Haggerty had Joe Nugent
gather the background information for his assigned prospective
architect applicants from the perspective of the Town. HMHF
Architects from Cambridge was the firm hired by the School
Committee. Haggerty noted a copy of the feasibility study for
review has been left for review. Haggerty noted that the
committee is taking into consideration ADA requirements, the
relocatable classrooms, and bond financing intricacies. Bond
counsel has discussed financing in length with the facility
committee. The regional agreement specifically addresses that
the capital costs for existing buildings will be borne by the
Town in which the building stands. Haggerty mentioned the Town
Meeting warrant steps necessary once the committee makes a
decision. With Murdoch asking if the committee was considering
what makes most sense for the educational component, Haggerty
replied that was within the charge of the architect's mission
statement so that each Town is educating its children equally.
The Committee's next meeting with the HMHF is July 28. HMHF is
working toward completing a conceptional design. The committee
desires a Saturday meeting of both Boards of Selectmen in late
August/early September to visit all the schools. Flynn asked for
the plan's time length. Haggerty stated a projection of 20 years
noting that Ed Reform has limited class size which has caused
additional needs for the Towns. He expects to see an article
from this Committee on the October Special Town Meeting warrant.
II. Announcement: Frisoli read Bay State Gas Company's letter
noting that during the week of June 22, routine inspections of
gas mains at residences and businesses will be conducted.
Employees will have badges and vehicles will be clearly marked.
III. Labor Counsel Interviews: Chair Frisoli introduced the
members to each of the candidates and asked each interview to
give a brief synopsis of the firm and then to answer any
questions of fellow Board members. The first interview was with
Paul Kingston of Kingston and Hodgnett: The firm, Kingston and
Wilson has been Hanson's labor counsel for the last 5-6 years.
Kingston has been a labor attorney for 30 years having practiced
with the National Labor Relations Board; the firm has 2 full time
attorneys (with a third to be hired shortly), 2 secretaries and
an excellent law library for the field of expertise with Lexus
computer capabilities. The usual hourly billing rate of $115 is
reduced to $100 for the next fiscal year to show the firm's
commitment to the Town. The firm has represented Hanover School
Committee for 25 yrs, Westwood, Amesbury, Brewster Police,
Orleans, Mansfield light dept, and bus driver negotiations for
the Boston School department. Negotiations are aimed at
eliminating ambiguities, adding managerial powers; as labor
counsel he would be looking for pro-active service to the Town
with contract preventative measures via seminars on grievances
and discipline hearings. The second interview was with Mary
and Earl Wilson of Wilson and Wilson: This is a husband-wife
team. Earl Wilson was formerly with Paul Kingston in the firm
Kingston and Wilson and was the attorney assigned to service
Hanson. Wilson desires to continue servicing Hanson as he has
for the past 5-6 years. Earl Wilson explained Mary Wilson's
credentials: 766 school law, primarily with business private
sector (on the short term Reeboch, Prime - Computervision)
dealing with employment issues: ADA and other human resource
issues. She has experience counseling and arbitration. Earl
Wilson gave his experience: 6-7 years police litigation, and with
Hanson has dealt with police, fire, dispatch, clerical contracts
along with giving advice on all aspects of contracts. Wilson
noted his bargaining history with fire and police unions noting
this is best method for cost effective negotiations. Firm's rate
is $100 hourly and open to discussion for fees. Firm resources:
2 attorneys, appropriate books and computers. Wilson and Wilson
is currently representing Mashpee Water District, portion of
Westwood's business and Wareham Fire District. A sample of past
preventative training for Hanson was when new police chief and
Nugent came to office to become familiar with laws and his
perusal of proposed drafts of demands for town's benefit. Firm
is available for flat-rate training session for sexual harassment
issue and has a network of resources for any other issue and
would provide computer training for case scenario training for
town personnel. The third interview was Everett Marder of
Kopelman and Paige: Marder began by stating that his firm was
well-known to Hanson as Town Counsel with 28 attorneys
specializing in municipal law: land-use, zoning, construction,
eminent domain, tort (claims) litigation, etc. The firm
represents 86 towns and cities having grown in the last few years
from 35 towns and previously 13 attorneys to present 28. All but
15 are totally serviced by the firm. Kopelman and Paige provides
service to towns day and night with town paying for service
requested. Everett Marder is senior attorney for labor counsel
group. 12 Towns have separate labor counsel and the firm is
slowly moving towns into the fold. Kopelman and Paige has the
following support: Terry Doughty (former judge and union
organizer) for school labor. Firm believes in maintaining public
service relationships for the employing town. Firm has 2 full
time attorneys with 1 vacancy to be filled, 3 part-time lawyers,
2-6 law clerks, and 13 secretary-paralegals.. Kopelman and Paige
charges $105/hour blended rate with resources as a full library,
CD ROM (Massachusetts only) added. Marder believes best service
to town would be having all legal services performed by one firm
noting that his firm currently represents Acushnet, Carver,
Millis, Rockland, Weston, Hubbardson. He stated some towns get
advice by telephone; that best training of towns is to wean town
from legal need by training selectmen in negotiating. To do so
offer seminars on demand by town at no charge. The hot issues of
the day are how to terminate employees, reviewing personnel plans
for hiring and firing policies (this for a fee) and that Towns
must know when to call for assistance. The Board members
thanked all for attending. The decision on the firm to be used
for FY95 to be made at the July 6th meeting.
IV. Hanson Police Relief Association re grievances: Frisoli
announced that the meeting has been rescheduled for July 6th for
selectmen to review submitted information on the grievances.
V. Budget Tracking: Frisoli noted that the current figures under
review includes all Town Meeting adjustments. A review of the
POLICE figures projects underspending with weekly payroll,
vacation time, buy-backs and possibility that dispatchers might
need a transfer to cover the year may make the projection change
in the final analysis. During the discussion Frisoli noted a
large balance remains and Nugent reminded Board that contractual
expenses generally are large expenditures in December and June.
TOWN HALL: $45,000 underspending projected; town must look at
group insurance and veterans lines. During June reimbursements
may be received. HIGHWAY: $22,000 applied to snow expense -
budget is overspent for the year. FIRE: current figures project
an underspending but may well be eaten up by contractual buy-
backs Frisoli noted that in negotiations the Town may want to
negotiate earlier in the fiscal year. Frisoli projects $10,875
underspent for FY94 and comments were given on budget that it
might be considered overstated by $135,000.
VI. Reappointments and Requests for Appointments: (1) The
following people asked to be reappointed to the following
positions (terms noted in parentheses): Paul Andruk,
Conservation Commission (3 yrs); Carol Leavell, Disability
Committee (3 yrs); Lillian Weeks, Area Agency on Aging, alternate
(1 year); Richard Clifford, Recreation Commission (3 yrs); Eva
Burton, Old Colony Elderly Services, Alternate (1 yr); John Dias,
Council for Elder Affairs (3 yrs); Jay Walter, Appeals Board (3
yrs). Motion 6/21/94.1: move to reappoint the above individuals
to the positions. Motion made by Murdoch with second by Jones.
Motion carried 5-0. (2) SPECIAL POLICE OFFICERS: Kuchinski
asked for information/status on the special police officers
physical exams requested last year by the Board. When no answer
available, Jones requested a hold on the appointments for Special
Police officers until clarification received of last year's
request. Tabled until next meeting. (3) Elder Affairs: Motion
6/21/94.2: move to appoint Lillian Weeks for a term to expire
1997 and Paul Cameron for a term to expire 1995 on the Council
for Elder Affairs. Motion made by Murdoch with second by Flynn.
Motion carried 5-0. (4) Sealer of Weights and Measures: Motion
6/21/94.3: move to appoint Ronald Thomas, 112 Richard Road as
Sealer of Weights and Measures with term to expire June 30, 1995.
Motion made by Murdoch with second by Jones. Motion carried 5-0.
Charlie Flynn noted that he will not be continuing on the
Capital Improvement Committee and that two other positions are
available since the committee has voted two members off. Press
was asked to make note of the three vacancies.
VI. Acceptance of Minutes: It was noted that the question Flynn
had on inclusion of the information noted during the break in the
minutes of May 17 was checked with the District Attorney's office
and okayed. Motion 6/21/94.4: move to approve the minutes of May
17, 1994, May 31, 1994 regular session, May 31, 1994 Executive
Session and June 7, 1994 as presented. Motion made by Jones with
second by Kuchinski. Motion carried 5-0.
VII. Action Requests: (1) Kuchinski noted the Saturday, June 18,
1994 clean-up and referenced letter sent to Board of Health
thanking them and Roger DiRosario for cooperation as well as
thank-yous to citizen participants: Amy and Joseph O'Neill,
Nelson and Siobhan Ohmart, Tom McSweeney, Paul and Mike
Hillstrom, Bob and David Billings, Mary and Paul Doane, Don
Ellis, Gerry LeBlanc, Bruce Young, Paul Kuchinski. She also
mentioned thanks given to Hanson Ace Hardware and Cafe Deli for
assistance. Murdoch noted Board's thanks to Kuchinski for
coordination efforts. (2) Murdoch clarified MBTA meeting
scheduled for June 22, 1994 at 7PM. (3) Frisoli noted Finance
Committee memo regarding $60,000 shortfall for FY95 by disputing
inclusion into the figures of the $22,000 received as snow and
ice monies. Nugent noted that local receipts for FY94 is over by
$100,000. (4) Frisoli noted the letter received from Roger Leslie
regarding parking problems at 1 Liberty Street and possible fire
violations at JJs Pub across the street. During discussion it was
noted that police may have the power to ticket on private
property if invited to do so by owner and if the owner has posted
the proper signs. Nugent noted towing is responsibility of
owner. Jones asked for Nugent's report of situation after contact
with owner, police chief and fire chief to be asked to
investigate potential violations. (5) Frisoli questioned the
sparse use of guard rails at the home of Mrs. Bearse on Route 58.
Nugent noted situation for discussion at next Tuesday's meeting
with state - Town wants equal treatment and protection of
residents along the roadway project. Residents along Route 58
must notify Board of Selectmen of any concerns to their property
since Nugent and Highway Surveyor Harris are in the process of
compiling the Town's punch list for the project. Town has placed
a claim on the contractor's Bond ($4 million or balance). (6)
Kuchinski noted receipt of draft of the cy pres action for Thomas
Hall matter. Kuchinski will place comments in writing and was
asking if time frame for comments or necessity for any vote by
all committees was needed. None noted.
VIII. Executive Secretary Report: Nugent noted already covered cy
pres action and Route 58, (1) Nugent referenced the MBTA letter
dated June 17, 1994 noting among other points that the MBTA will
be using concrete ties; (2) Ridder Trust Inc has sued Hanson
regarding the drainage issue on Route 27; (3) He noted Board of
Assessors requesting the Assistant to the Assessor position be
posted asap. Nugent noted funds are available for immediate
hiring. Board directed Nugent to post the opening. (4) Town
Clerk has informed the Board that Water Commissioner Paul Wyman
has resigned. Tom Dahlberg and Jerome Thompson have notified the
Board of Selectmen of interest for appointment. Both will be
invited to attend July 6, 1994 joint meeting with the remaining
Water Commissioners for interview and appointment of the position
by a roll call vote of the two Boards. (5) Library Senior Center
construction problems: Nugent stated the contractor appears
reluctant to come back to do work. Nugent has notified Town
Counsel to send letter of notice since deadline by statute is
June 27, 1994. Problems noted include roof leakage damage and
HVAC system breakdown. The ADA problems at the building must be
addressed by the architect who also functioned as the clerk of
the works as well as by the contractor. (6) Jordan Stone has
issued a request to meet with Flynn and Kuchinski who intend to
meet June 22 at 6:30pm to set possible dates. (7) Frisoli and
Nugent reviewed upcoming dates of meetings: July 6 - 7:30pm for
Board Meeting; July 12 - 7pm for the Police Labor issue which
will be executive session for negotiations and reputation; and
July 19 - 7:30pm for Board meeting.
Murdoch requested Board to hear report of dispatchers contract on
July 6 with signing at a later date if terms are agreeable to
members. Frisoli noted no contact has been received from Police
Union regarding the Union's contract acceptance. Kuchinski asked
for status on tax liability on small vehicles. Nugent noted
Carole McCormack handling the matter. A draft of her report to
be requested for the next meeting.
XI. Adjournment. Motion 6/21/94.5: move to adjourn. Motion by
Murdoch with second by Jones. Motion carried 5-0. Adjourned at 10:20pm.
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