Selectmen's Meeting - August 16, 1994
Selectmen Attending: Joseph Frisoli, Chair; Peter Jones; and
Catherine Kuchinski, Clerk. Charles Flynn arrived at 7:40pm.
I. Announcements: Frisoli called meeting to order at 7:34pm with
the following announcements: (1) Robin Muise's letter of
resignation from Capital Improvement Committee. Motion
8/16/94.1: move to accept with regret the letter of resignation
from Capital Improvement Committee submitted by Robin Muise.
Motion made by Kuchinski with second by Jones. Motion carried 3-
0. Frisoli requested Nugent send a letter of thanks for her
service. He admires her aggressive dedicated approach on behalf
of the Town. (2) Annual Fishing Derby: set for August 28, 1994
at Town Hall. Kuchinski added that several additional activities
and booths to be present this year. (3) Attorney General's
office (Anthony Penski, Esq) has notified the Town Clerk that the
following amendments to the Town By-laws have been approved by
his office: Articles 19 and 20 as well as the amendments to the
zoning by-laws approved under articles 21, 22, 24, 25, and 26.
II. Building Inspector: Robert Grover reviewed in general terms
the matters which Kuchinski had asked for updates on at the last
meeting: (a) at this point there is no substantiated zoning
violation on Spring Street and that the property owner is
currently in control of the property tenant; (b) serious
corrections are needed at the Whitman Street location to bring
building up to code; site manager has been working with the Town
(Building, fire and health officials) - Grover is continuing to
monitor the situation and will keep the Board informed. (c)
Grover recounted several years worth of attempted action to keep
Maquan Street property under control. To bring conclusion, the
Town will most likely need to take legal action in Superior Court
to enforce the past letters requiring corrective measures be
maintained. Kuchinski requested Grover outline for the Board
and the public the duties and responsibilities he has in each of
his two positions - one as Building Inspector and the other as
Zoning Enforcement Officer. He outlined the steps a resident
should take: make a written complaint; expect a site visit (if
necessary); he would do a letter responding to complaint if
necessary and any follow-up as needed. Baker Street used as an
example of concerns and how he addressed them as best he could.
Baker Street resident Gordon King asked what the Town could do to
protect residents like him from small lot misdevelopment. Grover
acknowledged that presently there were no safeguards for the Town
or residents from small lots. Grover to work with Nugent to
draft procedures which would oversee lot development in a
concerted manner with all departments to be involved. Committee
members suggested include: Building Inspector, Town Planner,
Water Superintendent, Board of Health Agent and two at-large
community members. Grover to work with Nugent to form the
committee and achieve purpose. Grover will also send monthly
reports of activities at his office for review by Selectmen.
III. Review of Town By-laws: Michael Regan, Clerk of the By-law
committee and Kuchinski will work together to put together a
program on By-laws which will include content and procedural
information.
IV. Executive Session Request: Frisoli requested Executive
Session under #3 for non-union personnel position and also under
#3 for collective bargaining strategy for fire and police. Motion
8/16/94.2: Move to enter Executive Session for reasons stated.
Motion made by Flynn with second by Jones. Roll Call Vote:
Frisoli: Aye, Flynn: Aye; Jones: Aye, and Kuchinski: Aye. Motion
carried 4-0. Frisoli recessed open meeting at 8:17pm.
Selectmen returned to Open Meeting at 9:12pm and undertook a
short break. At 9:20pm Frisoli resumed the meeting by announcing
no votes were taken in the Executive Session.
V. Transportation Bid for Norfolk Agricultural School: The bid
placed by Wallace & Wallace Trans-coordinators of Hingham were
low bidders at $39.50 per day to transport 4 children to Walpole
school site. An increase of $5.00 over last year's bid was
explained that last year's bid had been a typographical error in
the Town's favor. Motion 8/16/94.3: move to accept the Wallace
and Wallace bid of $39.50. Motion made by Jones with second by
Flynn. Motion carried 4-0. Board directs Nugent to send
letter of acceptance.
VI. Budget Release Clarification: Frisoli prepared a handout
strongly disagreeing with the memo read by Nugent at the August
2nd meeting citing a return of $75,000 to the Town. Frisoli's
position is that townspeople should know we overspent by $125,000
in the snow and ice and of the $99,000 unanticipated revenue
generated we spent $56,000 of it to cover departments which the
Board tracks. Frisoli cannot reconcile figures or the procedure
used to spend $113,00 in the last month. Questions asked how to
solve problem situation for the future - no definitive response.
VII. Acceptance of Selectmen's Minutes: Frisoli entertained
separate motions for meetings. Motion 8/16/94.4: move to accept
as presented the minutes of July 19, 1994. Motion made by Flynn
with second by Kuchinski. Motion carried 3-0-1 (Jones not
present for meeting). Motion 8/16/94.5: move to accept the
minutes as presented of August 2, 1994 meeting. Motion made by
Flynn with second by Jones. Motion carried 3-0-1 (Frisoli not
present for meeting).
VIII. Committee Appointments: (1) North River Commission: request
made by Madeleine McCarthy, 671 High Street. Motion 8/2/94.6:
move to appoint Madeleine McCarthy to the North River Commission
with term to expire June 30, 1997. Motion made by Kuchinski with
second by Jones. Motion carried 4-0.
IX. Highway Contract: Jones, Kuchinski and Flynn updated Frisoli
on previous meeting necessitating action on this item tonight.
Town meeting funded the highway line in May including the 4%
raise. The union and selectmen negotiated and signed contract
after Town Meeting. The Union is now requesting payment instead
of waiting until October Town Meeting. At last meeting's
Executive Session selectmen were given a copy of a letter from
labor counsel (Wilson) opining that the Board is obligated to
begin the payments since funding is in place and the contract is
signed. Motion 8/16/94.7: move to accept the opinion from Labor
Counsel and have the Town immediately release funds to implement
the Highway Contract as signed. Motion made by Jones with second
by Flynn. Motion carried 4-0. Discussion included Flynn's
assurance to townspeople that the contract is for one year and
therefore there are no provisions including and further
obligations to fund any higher amounts in successive years.
Kuchinski stated her reluctance to continue with practice to
include increases voted at Town Meeting for contracts not yet
negotiated. Some discussion also on having contracts negotiated
earlier in the year in order to be in line for Town meeting
action. Frisoli informed members that he had been approached
by the worker currently filling in at the Transfer station for
injured Town employee. He has requested clarification on his
status with the Town and Union because the pay he receives is
significantly less than what the Disposal Attendant (union
member) receives. Frisoli asks that Nugent find out if the part-
timer currently filling in has any status with this Union
contract because the part-timer has told him he has life time
Union status since he retired from a Town position. Frisoli
brought this request to the Board's attention as the management
body for the contract and after the part-timer has already been
in contact by letter with the Board of Health for assistance.
Jones suggest he could contact the retirement board. Kuchinski
thought he could directly contact the Union for his
clarification. Nugent requested to give Board further info at
the next meeting.
X. September Meetings: Noting time allowance as related to the
submittal and discussion of articles for August 30 deadline and
posting deadline for October Town meeting - warrant must be
posted 2 weeks prior to the meeting. Motion 8/16/94.8: move to
set the Board's meeting as September 13 and September 27, 1994.
Motion made by Flynn and second by Jones. Motion carried 4-0.
Kuchinski asked for Board's opinion on returning to weekly
meetings to alleviate later hours and do Town business more
efficiently. Consensus was to wait to vote after several members
see how things go in September.
XI. Action Requests: (1) Budget Tracking: Frisoli reviewed the
first sheets for FY95 noting the expenditures in the budgets
tracked by Selectmen. Concern noted for fire department line -
sicktime buyback ($7300) and also noted unexpected budget cost
for filling shift (3200) of a firefighter if activated to coast
guard duty if President visits Marthas Vineyard. (2) Frisoli
asked for action on Nugent's memo requesting transfers of small
vehicles within Town departments. To begin discussion Kuchinski
questioned how the 2 new vehicles came to the Town - last year
the new vehicles funded by Town Meeting were on the agenda and a
vote was taken to sign the purchase orders. Frisoli requested
that Nugent be prepared with an explanation of procedure. Board
discussed the disposition of the red & white Chevy '86 previously
used by fire chief and most recently by Nugent and
the 88 Ford currently assigned to the Assessors' office. The
Fire Department has requested the use of vehicle to transport
firefighter to school for ten weeks. The Police Chief has
requested the 88 Ford because he needs parts for the on-line
cruisers. Discussion included pros - cons on insurance coverage
for fire fighter using vehicle with town gas versus personal car
and Town paying mileage and liability difference in policies if
an accident occurred. Motion 8/16/94.9: move to allow fire
fighter to use red and white chevy 86 for ten weeks to school
from fire station or where car is parked on Town property.
Motion made by Jones with second by Flynn. Motion carried 4-0.
Other requests are held until next meeting for further
information. The Small vehicle plan is to be on the next
agenda. Police chief to obtain current mileage on all vehicles
in his department and Nugent to obtain mileage on all other
vehicles so the Board is more fully informed. Board may have to
rearrange use of vehicles to best serve Town needs. (IRS
response to Mrs. Dahlberg's letter: Frisoli referenced letter of
response to Mrs. Dahlberg's letter requesting clarification on
fringe benefits. IRS Section Chief set forth clear answers which
contradicts information supplied to the Board by Town's
Treasurer/Collector. Originally Frisoli looked for Board's
permission to have Town Counsel's opinion on the IRS letter but
reconsidered in favor of questions being asked of the auditing
firm related to procedures used within Town. Flynn to direct
specific questions to auditing firm. (4) Flynn updated Board on
school items: (a) Maquan's door: work is underway and will be
completed by deadline date in September; (b) Indian Head lift:
variance has been approved and shortly going out to bid through
procedures. (5) Flynn informed Board of need for a citizen with
no child at Maquan to volunteer for the School council and if
interested, contact Principal Skinner. (6) Jones asked that
FY94 Year End Financial Analysis be revisited on the next agenda
for discussion and clarification by both Frisoli and Nugent in
order to eliminate the current confusion. (7) Kuchinski noted
the next meeting of the 175th Town Anniversary Committee is
Wednesday, August 24, 1994 at 7:30am at the Town Hall. (8) Tom
Dahlberg requested to know which selectmen in designated to serve
on the ADA Committee as noted in past Board minutes. Frisoli
asked that Nugent explain to the Board. (9) Frisoli noted opening
on the Capital Improvement Committee. (10) Kuchinski noted vote
on Special Police Officer appointments on next agenda. (11)
Capital item discussion meeting at high school on 9/14 @ 7:30pm.
Adjournment. Motion 8/16/94.10: move to adjourn. Motion made by
Jones with second by Kuchinski. Motion carried 4-0. Adjourned
at 10:35pm.
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