Selectmen's Meeting - August 30, 1994
Selectmen Attending: Judith Murdoch, Charles Flynn, Joseph
Frisoli, Chair; Peter Jones; and Catherine Kuchinski, Clerk.
Also: Joseph Nugent, Board of Selectmen's Executive Secretary.
I. Announcements: Chair Frisoli called meeting to order at 7:35pm
and asked members to attempt to stay within the times he has
allotted for each item. He made the following announcements: (1)
Masonic Lodge Blood Drive set for Sat. September 3rd from 9-2;
(2) Local Services of DOR has certified the Town's Free Cash as
available for use: $357,124.
II. License request for sale of wines and malt beverages: Tom
McSweeney present on behalf of Ed Martin and the Hingham Class of
1969, requesting Board of Selectmen's approval of a one day
special license on September 4, 1994 at Camp Kiwanee from noon to
5:30pm. Motion 8/30/94.1: move to approve 1969 Hingham Class'
license request to sell wine and malt beverages on Sept. 4th at
Camp Kiwanee. Motion made by Murdoch with second by Kuchinski.
Motion carried 5-0.
III. (1) District Attorney's letter (8-15-94) regarding Open
Meeting law violations: As required by the District Attorney's
office, Frisoli read the letter in its entirety. Letter
discussed two issues handled improperly under the Open Meeting
Law: (1) Frisoli's telephone contact for consensus of action
deemed illegal verbal discussion and (2) Emergency Meeting called
for April 12, 1994 to revote an article wording for posting was
not a true emergency and could have been voted at the next
scheduled meeting and still follow time frames properly. DA's
office concludes no bad faith only an overly lax interpretation
of the Open Meeting Law provisions. MaryLou Sutter requested
that copies of the letter be sent with a Selectmen memo to all
other Boards stressing importance for Boards to follow the law.
It should be verified that all Boards have a copy of the Open
Meeting Law booklet. (2) District attorney's letter (8-17-94)
requesting info on potential violation: This letter also read in
its entirety. DA's office requests copies of the minutes for the
open and executive session held August 2, 1994 wherein discussion
occurred for the procedure to enter executive session to discuss
a signed contact with the Highway department. Kuchinski stated
her belief that in light of the warning within the DA's 8-15-94
letter, the Board should take strong action to ensure that future
violations do not occur and offered four motions for the Board's
consideration: (1) Motion 8/30/94.2: move that the Board respond
to the District Attorney's 8-17-94 request for information on the
August 2, 1994 meeting by issuing an immediate apology. Motion
made by Kuchinski with second by Murdoch for discussion. Motion
failed 1-4 (Murdoch, Flynn, Frisoli, Jones). (2) Motion
8/30/94.3: move that the Executive Secretary and Board members
re-read the Open Meeting law provisions. Motion made by Kuchinski
with second by Murdoch. Motion carried 5-0. (3) Motion
8/30/94.4: move that the Board of Selectmen set a procedure which
directs the Executive Secretary until further notice to review
the circumstances, purpose and method for calling an Executive
Session with the District Attorney's office prior to the
Selectmen's meeting for which proposed session is to be called
and provide each member with a copy of the DA's response.
Motion made by Kuchinski with second by Murdoch for discussion.
Motion failed 1-4 (Murdoch, Flynn, Frisoli, Jones). (4) Motion
8/30/94.5: move that the Board place a copy of the District
Attorney's 8-15-94 letter be placed in Mr. Nugent's file with a
Selectmen memo requesting he again familiarize himself with the
provisions for calling an Executive Session under the Open
Meeting law. Motion made by Kuchinski with second by Murdoch for
discussion. Motion failed 1-4 (Murdoch, Flynn, Frisoli, Jones).
IV. Hanson Improvement Association, Inc.: On behalf of the
Committee, Cindy Bowman requests the use of the Town Hall Green
for a Fall Plant Sale on September 10, 1994 from 9:00am to 2pm in
order to obtain funds to maintain operating expenses for
landscape plants and seasonal decorating of the Town Hall.
Kuchinski requested clarification of another scheduled use that
day by the Senior Steppers for a flea market. Telephone call
came in announcing no problem to share space. Robert Sutter asked
what was the procedure to clean up the grounds after such events.
Clean-up is the responsibility of the requesting group. Motion
8/30/94.6: move to grant Hanson Improvement Association the use
of the Town Hall grounds on September 10, 1994. Motion made by
Murdoch with second by Jones. Motion carried 5-0.
V. Hanson Recreation Commission: Board received letter from
Recreation Commission noting vote to remove Fred Fuller from the
Commission under Hanson's General By-law Section 2-1 (non-
attendance). Applications from Glinna Tassinari and Robert
O'Brien received to fill the position. Both present tonight.
Each was asked to respond to question about extending the
Recreation Commission's concern beyond activities at Camp
Kiwanee. Each agreed that review should take place and Ms.
Tassinari also wanted the affordability issue addressed. Frisoli
read a letter from the Chair of Recreation Commission, Mary
Pulieo noting her recommendation of Rob O'Brien for the opening
because he has been a past waterfront director and assists the
caretaker. Motion 8/30/94.7: move to appoint Robert O'Brien to
a term on the Recreation Commission for a term to end June 30,
1996. Motion made by Murdoch with second by Jones. Motion
carried 5-0. Ms. Tassinari was asked to continue attending
meetings in case another opening becomes available.
VI. Appointment - Special Police Officers: Board received Chief
Berry's memo noting that eight special police officers have
completed physical reports on file at the Police Department which
makes them eligible for reappointment. Motion 8/30/94.8: move to
reappoint Bill Strait, Daniel Blais, Patrick Faiella, Ronald
Clark, Steve Gorman, Kevin McCarthy, Nancy Salemme and Bernard
Delory as special police officers. Motion made by Murdoch with
second by Kuchinski. Motion carried 5-0.
VII. Close Warrant for October 3rd Special Town Meeting Warrant:
In preparation to close the warrant, the Board of Selectmen took
the following votes to include articles submitted as proposed by
the Board of Selectmen: Motion 8/30/94.9: move to include
article requesting funding for settlement of police contract.
Motion made by Murdoch with second by Kuchinski. Motion carried
5-0. Motion 8/30/94.10: move to include article requesting $600
for Town flag for Selectmen's office. Motion made by Murdoch
with second by Jones. Motion carried 5-0. Motion 8/30/94.11:
move to include article requesting funding for transfer of car
from water department to Town department. Motion made by
Kuchinski with second by Murdoch. Motion carried 5-0. Motion
8/30/94.12: move to include article requesting $2000 for single
item audit because of receipt of a federal grant for computers at
the police department. Motion made by Murdoch with second by
Flynn. Motion carried 5-0. Motion 8/30/94.13: move to include
article requesting monies for costs to acquire Wagon Realty land
under negotiation. Motion made by Murdoch with second by Flynn.
Motion carried 5-0. Motion 8/30/94.14: move to include article
requesting funding for 175th Anniversary activities. Motion made
by Murdoch with second by Jones. Motion carried 5-0. Motion
8/30/94.15 move to close the warrant for October 3, 1994 Special
Town Meeting. Motion made by Murdoch with second by Kuchinski.
Motion carried 5-0.
VIII. FY94 Budget Release Clarification: At Chair Frisoli's
request, Nugent and Town Accountant Gomez present. Most Finance
Committee members also present. Frisoli asked for the explanation
of what is the net effect to the Town in any fiscal period for
the snow liability and the information that $75,000 has been
returned to the Town from this year's budgets. Bob Sutter, Chair
of the Finance Committee volunteered to explain. Under MGL 31D a
Town may incur liability in excess of appropriation if an
emergency is declared by the Finance Committee and the Board of
Selectmen. $125,000 overspent in FY94 is deducted from the total
amount the Town can spend for FY95 budgets. Frisoli concerned
that Nugent's memo on the $75,000 extra was not accurate and that
without a detailed explanation of all the information, the
Townspeople could misconstrue the Town's financial picture and
not be willing to appropriate future monies requested at Town
Meetings. Public must understand where we are financially.
IX. Small Vehicle Plan: As requested Chief Berry, Chief Huska,
Highway Surveyor Harris and Board of Assessors' Chair DeDominici
present. Frisoli noted that at last meeting Nugent's 8-10-94
memo requesting approval of deployment of vehicle was discussed
with questions arising on the vehicles, deployment and plan.
Frisoli noted that the present plan's policy is one that
introduces cars to the town and provides for break-in time for
said vehicles. Chief Huska requested the floor to explain the
plan. He handed out a sheet of current recommendations. He said
the current plan was resurrected 2 years ago at the request of
the then sitting Board of Selectmen and Finance Committee to
reduce long range vehicle costs. He acknowledged that although
flexibility was figured into the plan, that several issues were
not fully addressed: IRS considerations, secondary use
procedures, and departmental use policies. Police Chief Berry
was asked if he was comfortable that the plan took care of his
department. He did not give a firm answer. Jones stated a need
to see in writing a vehicle use policy per department, a look at
sharing vehicles within town departments and an explanation of
exactly how the plan is to work for the Town. Assessors want to
know when the 1986 red and white vehicle can be available for
assessors' use - (car available in late November). It was noted
that the insurance on one vehicle being used by the police
department is being paid out the revolving fund. Thomas Dahlberg
requested to speak noting that public safety is the major
concern. He estimated approximately 190 thousand miles are put
on vehicles each year and that the current condition of the
cruisers will not assure mileage capacity. The current
deployment of vehicles is not wise and should be rethought. He
mentioned the ordering of the administrative vehicle under Town
vehicles was not appropriate since it would take several days and
additional monies ($3,000) to refit it for a cruiser. The police
chief disagreed saying only that the engine was what counted and
that it was cruiser material. Chief Huska did agree that the
refitting of the vehicle into a cruiser would take several days.
In order to obtain more information on this issue, Jones
suggested the following: Motion 8/30/94.16: move to request that
a Committee consisting of a member of the Finance Committee as
chair, Executive Secretary, Highway Surveyor, Police and Fire
Chiefs form to submit to the Board of Selectmen within the month
for consideration a draft plan of a vehicle use policy for cars
and light trucks. Motion made by Jones with second by Murdoch.
Murdoch requested and Jones agreed to amend motion before vote to
include a member of the Capital Improvement Committee. Motion
carried 5-0. Committee is to contact the water and assessor
departments for input. Issues to discuss: need for vehicles,
multi-use capabilities, useful life, DOR items. Dahlberg
requested questions (1) should cars be considered capital
expenditures under capital improvement by-law and (2) the action
necessary to allow a transfer of water department car to the
Selectmen for a sum of money be addressed by Town Counsel.
X. Police Probationary Extension: Chief Berry, Union president
Larkin and Officer Watson present. Hanson Police Relief
Association's attorney Donna DeSimone Buckley letter dated August
25, 1994 informs the Town's labor counsel, Earl Wilson that the
Union agrees to the extension of Officer Watson's probationary
period for one year. Motion 8/30/94.17 move to extend the
probationary period of Officer Watson until September 14, 1995
with the understanding that the Officer successfully completes
the Police Academy commencing October 11, 1994 in Canton, Mass.
Motion made by Murdoch with second by Flynn. Motion carried 5-0.
XI. Acceptance of Selectmen's Minutes: Frisoli entertained
separate motions for meetings. Motion 8/30/94.18: move to accept
as presented the minutes of July 19, 1994 Executive Session.
Motion made by Murdoch with second by Kuchinski. Motion carried
5-0. Jones requested that the minutes of Executive Session for
August 2, 1994 be held. Kuchinski to review his requested
wording changes. Motion 8/30/94.19: move to accept the minutes
as presented of August 16, 1994 Regular and Executive Session
meetings. Motion made by Jones with second by Kuchinski. Motion
carried 4-0-1 (Murdoch not present for meeting).
XII. Executive Secretary Report: (1) Library Senior Center issues
with contractor - architect: little progress has been seen by
contractor or architect in handling problems which must be
addressed to finish the project. It is estimated that $48,000
remains under Bond Counsel control. Nugent requested the use of
Town Counsel to seek monies through legal action. At Jones'
request, Frisoli directed Nugent to do cost-benefit analysis for
issues and to contact legal counsel to send letters indicating
Board's intention to review legal options. (2) Discharge of
Firearms at the Industrial Park: Nugent said a memo from Chief
Berry was in reading materials tonight and noted that Berry has
had officers stop shooting in the pit area and that Chief will
meet with water commissioners and residents. (3) Regulations for
School Finance: booklets obtained by Marylou Sutter were passed
out in preparation for upcoming meetings with Whitman officials
and School Committee on capital items versus operational items.
Regulations are dated July 14, 1994. (4) draft memo of police
contract available for Board's review: information has been
reviewed by Wilson, DeSimone-Buckley, Nugent and negotiating
team. Board to review with a tentative signing date set for
September 13, 1994.
XIII. Action Requests: (1) Jones requested Nugent obtain update
on George Street from Highway Surveyor; (2) Kuchinski noted that
the Drainage Committee will act on two recent complaints at 9/8
meeting; (3) Kuchinski noted short conversation with Building
Inspector who indicated that he expected to set up a meeting with
other officials about forming committee to act on formulating
rules for lot development within the Town. Meeting should occur
upon his return from vacation; (4) Kuchinski noted Selectmen
attendance at the Marshfield Fair to celebrate Plymouth County
Extension Service 80th birthday; (5) Kuchinski requested update
on Route 58 including status of the project with the Conservation
Commission. Nugent and Harris continuing to work on problem
list. He noted that the biggest problem presently is the weed
situation - needs immediate attention. (6) Frisoli asked for
question on Letter sent to Sharon Andrews at W-HRHS about
occupational aid. He would like three questions answered: (a)
who is responsible for filing the 1993 report - school or Town
official? (b) what amount of monies did we miss for not having
report filed? and (c) who will file the 1994 report? (7)
Kuchinski noted that buttons and raffle tickets are on sale from
members of the 175th Town Anniversary Committee. Motion
8/30/94.20: move that the Board of Selectmen formally appoint
the following individuals who have volunteered to serve on the
175th Anniversary Committee: Gloria Amado, Joanne Blauss, Judy
Braley, Eva Burton, Paul Cameron, Florence Cohen-Nugent, Ed
Colley, Fran Curry, Bernard V. Delory, Jr., Donald F. Ferguson,
Kathy Ferrara, Mary Foley, Judi Libby Hatch, Cathy Kuchinski, A.
Ellen Lane, Ken Larson, Marcus Linn, Stacy Martikke, Carole
McCormack, Stephanie & Tom McSweeney, Iris Morway, Laura Paine,
Jonathan Ramaci, Sylvia Redpath, Joyce Ruprecht, Louise Scott,
Ken Sharland, Madeline Swanson, Mark A. Vess, Marion Wyman,
Estelle Smith, and Warren Emerson. Motion made by Kuchinski with
second by Jones. Motion carried 5-0. The Committee welcomes
all to attend the meetings and to offer suggestions or support.
XIV. Adjournment. Motion 8/30/94.21: move to adjourn. Motion
made by Murdoch with second by Jones. Motion carried 4-0.
Adjourned at 10:45pm.
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