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Selectmen's Minutes - November 29, 1994
             Selectmen's Meeting - November 29, 1994

Selectmen Attending: Judith Murdoch, Charles Flynn, Joseph
Frisoli, Chair; Peter Jones and Catherine Kuchinski, Clerk.  Also
attending: Joe Nugent, Executive Secretary to Board of Selectmen.

I. Opening: Chair Frisoli called meeting to order at 7:05pm
requesting the warrant and bills be signed.

II. Continental Cable update: Ms. Lou Russo, manager of public
and government relations gave update on cable activity and
presented the Board with gifts to the Town regarding media
literacy and adult active participation in children's viewing
habits.  Confirmed that the Superbowl would be taped and played
twice; all candidates in recent elections were covered; 4th and
5th graders participating in Space Camp by designing space suits
- a ceremony honoring local kids to be held in January; upgraded
cable plant - off-air signals now by fiber optical; all Town
meetings covered; Kuchinski raised issued of only 2 of a 7 member
board - short 5 and prospective members should be aware that
meetings are infrequent and short duration.  Frisoli noted for
equipment details - studio and van are accessible to Hanson.

III. Eastern Utilities/ NYNEX Appointment: Dave Allen and Ken
Horne (Nynex) present.  Horne reiterated his position in response
to the Town's October 12, 1994 letter refusing Joint Pole action
until action taken on the excessive double poles in Town: 29
poles on Main Street are removed of the existing 172 count,
promises a quarterly update.  The partnership agreement between
utilities companies is that the last one to move equipment is the
one to remove the pole. Goal is mid-1995 to be a zero count for
double poles.  Two crews are on the removal process.    Motion
11/29/94.1: move to rescind the previous vote against further
action for these companies.  Motion made by Murdoch with second
by Jones. Motion carried 5-0. Progress reports requested monthly.
Joint pole action to be on the December 6th agenda.  Frisoli
mentioned discriminatory practice for the 447 exchange.  Horne
indicated Bonnie Coughlin working on this matter.   No change for
delivery of E-911 service to this area.  Kuchinski asked for
status of double poles on Mattakeesett Street.
 
IV. Executive Secretary Report: (A) Housing Authority - L.Z.
Thomas School:  Housing Authority requesting Selectmen take
action on HUD's request for a reversal of the restriction placed
within the 1990 deed of the property from the Town to the
Authority.  This is being requested in order to have monies
released for activities to begin within a short time.  Motion
11/29/94.2: move to authorizer the Chair of the Board of
Selectmen to sign the letter releasing the restriction on the
deed giving the L.Z. Thomas land to the Housing Authority son
that HUD may release the monies for construction to begin.
Motion made by Murdoch with second by Jones. Motion carried 5-0.
Lucy Harriman (Patriot Ledger) asked the question if water hook-
up moratorium had any effect on the project.  No one certain;
asked to refer question to Water commissioners.  (B) Ethics
Seminar: Nugent requested permission to postpone December 1st
meeting for lack of pre-signing.  Kuchinski requested the
condition that the next date be held firm so that those who have
signed up may attend.  This was agreed.  (C) Meeting Space - ADA
issue: In order to meet ADA requirements, Nugent arranging
alternative meeting schedule and is also checking out feasibility
of moving various offices to second floor.  (D) Goals and
Objectives: Nugent gave his November update; set up for December
agenda.  (E) HALT: regional committee looking for Hanson
representation.  Anyone interested should contact the office.  
(F) 61A land requests: tabled request to December 6th - Assessors
have issues to discuss with Burne, transfer is a technical sale
according to DOR.  Kuchinski asked for information on the actual
parties involved and information on well testing done on or
around the property;  (G) Thomas Hall cy pres status: Town
counsel has informed the Board that action was granted in Probate
court as requested.  (H) Small vehicles: Nugent noted fire
department has finished its use of 1986 red&white vehicle and he
requests Board's approval of vehicle's transfer to assessors with
the assessor's car (88 vehicle) to Highway Barn or possible DARE
car.  Before Board acts on requests, Frisoli wants to see
assessor's rationale for use of the vehicle.  Nugent stated there
is no implication on the insurance for garaging out-of-town and
that employee would be responsible for tax commuting.

V. Board of Appeals / Baker Street - Request for Special Counsel:
Alan Spera, Chair with members Lila Coyle and Ed Casey request
the use of special counsel for a lawsuit brought against the
Board on a decision rendered on a Baker Street lot.  The Bd of
Appeals is asking for special counsel because there is an
"apparent conflict" with Kopelman and Paige because an opinion
given was not considered on-point by the Appeals Board members.
Nugent noted he was not happy with the Appeals' request and their
unacceptance of opinion rendered by Town Counsel.  Joe Hannon has
been suggested, they will request and pass along his hourly rate.
Matter to be acted upon at the Selectmen's next meeting.  

Break declared at 8:30pm.  Kuchinski excused herself at this time
to return later.     Back in Session at 8:40pm.

VI. Action Request: Meeting Change request: Flynn, Murdoch,
Frisoli and Jones unable to make scheduled meeting with Water
Department.  Flynn and Jones to attend Open School forum and Joe
and Judy unavailable.  Request Nugent to ask for Selectmen to be
on the Commissioners' December 14 agenda.

VII. Executive Session request: Motion 11/29/94.3: move to enter
into Executive Session for two matters: first under number 3 for
strategy for collective bargaining and under #6 to consider the
purchase, exchange, lease or value of real property. Motion by
Murdoch with second by Jones. ROLL CALL VOTE: Murdoch: Aye;
Flynn: Aye; Frisoli: Aye; Jones: Aye. Motion carried 4-0.  at
8:45pm Board left open session with no anticipation of votes.
Will return to open session for adjournment.

VIII. Return/Open Session. Members returned at 11:20pm. Kuchinski
returned while Board in Executive Session. Adjournment: Motion
11/29/94.4: move to adjourn. Motion by Jones with second by
Kuchinski. Motion carried 4-0 (Frisoli having just left.)