Selectmen’s Meeting Minutes of November 16, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Peter Jones, Cathy Kuchinski and Stephanie McSweeney
7:38 p.m. Chairman Webster called the meeting to order. He indicated that the Board would be taking the agenda out of order.
The Library trustees were present to appoint a new trustee to the vacancy made by the departure of Arlene Finn. Present were Marie Hanlon, John Hanlon, Barbra Nelson, Linda Wall and Faith Mosher. The Trustees had previously forwarded the Board three candidates: Katherine Patton, Beatrice Reynolds and Brian O’Neill. The Trustees indicated that Mr. O’Neill withdrew his application prior to the interviews. After reviewing the candidates, Mrs. Mosher indicated the Trustees recommended appointing Beatrice Reynolds, second by Selectman Peter Jones. Vote to appointment Beatrice Reynolds, Selectmen: Judy Murdoch, Cathy Kuchinski, Daniel Webster, Stephanie McSweeney, Peter Jones; Trustees: John Hanlon, Marie Hanlon, Barbara Nelson, Linda Wall and Faith Mosher all in favor.
The Library Trustees indicated that Mrs. Reynolds’ appointment will be in effect until the Annual Town Election in May 2000.
Treasurer/Collector Carole McCormack was present to have a BAN signed in the amount of $1,612,000.00. She has paid $103,000.00 on the current BAN. The Board inquired as to the status of the Plymouth County Hospital closing. Mrs. McCormack indicated that she is still waiting for a legal opinion for Palmer & Dodge. Currently scheduled to pass on December 1, 1999. Mrs. McCormack also explained that in the future she may be able to combine the Town Hall bond and the Plymouth County Hospital bond to save the Town money in bonding fees.
Mary Delprete was present regarding two separate building issues. One was on Charles Street in which the Building Inspector told her she needed to see the Planning Board. Ms. DelPrete feels that if a lot is Grandfathered that she is not required to appear before the Planning Board. Both Mr. Germaine and Mr. Webster explained to her that there are new by-laws which were enacted in May which require her to go to the Planning Board regarding lots on paper streets. She indicated that she has consulted with legal counsel regarding the issue. Mr. Webster explained that he is not advocating a lawsuit; however, she must take whatever measurers she feels necessary.
Ms. DelPrete’s second issue was with Hancock Street Lots 651, 652 and 653. Ms. DelPrete applied for a building permit in 1997. According to Mr. Germaine, he researched the lot and determined that is was not a grandfathered lot. After his review and Town Counsel’s recommendation, Mr. Germaine did not issue a building permit and recommended Ms. DelPrete go to Board of Appeals for a variance. Ms. DelPrete indicated that on July 15, 1997 she applied for a variance from the Zoning Board of Appeals and was denied. Subsequently another building has received a variance from the Board of Appeals for the same lots. Mrs. Murdoch inquired of ZBA member Lila Coyle from the audience. Mrs. Coyle indicated that she would have to review the file. After a
brief discussion, Mrs. Murdoch suggested that the matter be revisited after the Board of Appeals has had an opportunity to review the situation. Tabled until November 30, 1999.
Mr. Vincent Sica, Clifford Baker and Marcia Baker were present to discusss problems with the commuter rail. Mr. Sica informed the Board that during certain hours, the inbound train will stop on the tracks in order to allow the outbound train to pass. This has caused a serious noise and air quality problem for neighbors. He suggested having the trains stop before reaching the residences where there is a barrior of trees. Mrs. Baker indicated that the shaking is unbearable at times because the train is only a few feet from her house. They presented photographs of the trains. Mr. Sica wanted it on record that there could be potential health problems as a result of this situation. Mr. Baker said that he had been in contact with Mr. John Hogan at the T and has requested help from Rep. Marini’s Office. He hasn’t heard anything yet. Mr. Chuck Kantos was also present and cited the train whistle as a nuisance. The conductors are not consistent and some blow the whistle louder and
longer than others, particularly late at night. Mr. Jones suggested contacting Rep. Marini’s Office to arrange a joint meeting with all the parties in an effort to recitify the problem.
Barbara Gomez and Carole McCormack were present to discuss sick pay for Kim Coletti. Chairman Webster explained that Mrs. Coletti had intended to stay until December when her baby was due. However, due to pregancy concerns she left in October. In order to maintain her health insurance, Mrs. Coletti was instructed by the Treasurer/Collector’s office to submit a letter of resignation. Mrs. Coletti submitted the letter of resignation as of October 6, 1999. She was informed by Mr. Nugent that she was entitled to her remaining sick time which was 14 days. Mr. Nugent submitted her sick time but it was held by Mrs. Gomez and Mrs. McCormack due to the letter of resignation. Mrs. Gomez explained that she was under the impression that Mrs. Coletti was not entitled to the sick time
because was had not planned to return to work. Mrs. McCormack indicated that once a letter of resignation is filed, the party is no longer on the payroll. After lenghty discussion Mr. Jones suggested having Mrs. Coletti come in or write her version of the situation. Mr. Webster pointed out that a letter from Mrs. Coletti doctor had been received by the BOS office just prior to the meeting. The letter was dated November 4, 1999. Mrs. McCormack offered to get copies of all the information and a letter outlining Carol Ann Barber’s view of the situation.
Discussion regarding the agenda and process of getting on the agenda. Ms. Kuchinski requested that she be informed of the agenda items and would like related back-up information prior to the meeting. Would prefer to see a complaint form on agenda items which refer to complaints. She suggested that a complaint form be completed for people calling the office and requesting placement on the agenda. Lengthy discussion ensued regarding agenda, complaint forms and office procedures.
Mrs. Coletti came before the Board to address the sick pay situation. She explained that when she was leaving, she asked Carol Ann Barber in the Treasurer/Collector’s office what she needed to do to get on COBRA. Mrs. Barber instructed her to submit a letter of resignation. Mrs. Coletti wanted to be assured that she would have proper health insurance coverage for her family. Consequently, she submitted the letter of resignation without realizing it would affect her sick time. Mr. Nugent informed her that she was entitled to receive her sick time and submitted it on the weekly payroll. When she did not receive her sick pay, she was informed by Mr. Nugent to submit a new letter of resignation indicating the final date she would be eligible for sick pay. She submitted a new letter of
resignation dated October 16, 1999 indicating her final day would be November 18, 1999. Mr. Nugent also advised her that she would need a letter from her doctor, which she did obtained. Mrs. Gomez suggested that there could be a precedent being set by this. Mr. Webster indicated that he had spoken with Labor Counsel and he did not see any problem, particularly because Mrs. Coletti is a Wage & Personnel employess.
MOTION by Peter Jones, second by Stephanie McSweeney to allow Mrs. Coletti to rescind her first letter of resignation and submit the letter of October 16, 1999. Voted 5 - 0. Mrs. Murdoch did point out that this is the same advice Mr. Nugent has given Mrs. Coletti.
Mrs. Gomez presented a memo to the Board regarding 1999 Christmas and New Years Holiday and vacation time. Due to the fact that Christmas and New Years will fall on a Saturday the department heads would be receiving Friday off as the holiday. However, Friday is only a 4 hour work day. The department heads were requesting that they be allowed to work one half day on Thursday which would make the two half days equal to one entire day. Also, now that the department heads are working a half day on Friday, the calculation of vacation time will be changed. Until all employees are working five full days, that department heads requested that they calculate their vacation time based on a four day work week and not a four and one-half day work week.
MOTION by Peter Jones, second by Stephanie McSweeny to approve the first part of the request regarding the two holidays, and allow the second part regarding vacation time calculation with the option of the matter being revisited at a later date. Voted 5 - 0.
Chairman Webster announced that the Board would be entering Executive Session regarding potential litigation with Mr. Nugent. He advised the audience that no suit has been filed at this time.
MOTION by Peter Jones, second by Judy Murdoch to enter into Executive Session under Item 3 - discussion litigation with non-union personnel. Mr. Jones pointed out that there would be no discussion relative to the reputation of any employee. Roll Call Judy Murdoch aye, Cathy Kuchinski nay, Daniel Webster aye, Stephanie McSweeney aye, Peter Jones aye Voted 4 - 1
10:13 p.m. Board reconvened to open session
MOTION by Peter Jones, second by Stephanie McSweeney to adjourn. Voted 5 - 0.
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