Selectmen’s Meeting Minutes of August 10, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Cathy Kuchinski, Peter Jones (Charles Flynn was not present). Also Present were Carole McCormack, Treasurer/Collector and Attorney Pat Costello as well as Attorney Everett Marder and Attorney Kathleen O’Donnell.
I. Webster called the meeting to order at 7:45 p.m. The first item on the agenda was a request to conduct a soccer parade on September 11, 1999 at 9:00 a.m. Motion by Murdoch, second by Jones. 4-0 Vote. (Flynn was not present)
II. Indian Head School Tour- Webster informed the citizens of Hanson that after walking through the Indian Head School the renovations look great. There may be a few rooms that will not be ready for the opening of school but otherwise the School will be functional for the start of the School year.
III. Disciplinary Hearing: Carole McCormack, Treasurer/Collector-(a video tape of this hearing is on file) Webster asked McCormack and her Attorney Pat Costello if they would like this hearing to be held in Open Session or Executive Session. McCormack stated that she would like the hearing to be in Open Session.
Motion by Murdoch second by Jones to open the disciplinary hearing. 4-0 Vote (Flynn was not present).
McCormack waived the reading of the notice sent to her advising her of this hearing.
Webster explained that we will first hear the Town’s case by Attorney Everett Marder. Attorney Marder explained that the Report presented on July 19, 1999 will be used for this hearing and no witnesses will be called. McCormack has the opportunity to dispute the facts at this point. This is a matter where the Treasurer/Collector may have shown a serious lack of judgment after the sale of property. McCormack was selling one lot of land which was 2400 square feet (lot 2066) which was indicated on the window copy. Nugent because of confusion on Assessors Maps- thought he had purchased 14,400 square feet. When Nugent confronted McCormack about this land she conferred with the Tax Title Attorney who provided her with a letter stating that she needed a letter from the Chairman of the
Board of Selectmen to issue a confirmatory deed. When the letter was received the deed was issued. All of this time it was never mentioned to the full Board of Selectmen.
Attorney Costello introduced himself- he is from the firm of Merrick, Lewison and Costello. He stated that he was very familiar with the Massachusetts Collectors Association and he sees many errors in the report issued by Kopelman and Paige. Costello stated that Ms. McCormack is very well respected and serves on the Education Board. Costello believes it is ludicrous that McCormack is here at all facing disciplinary action. Her service to the Town speaks for itself, there have been 17 letters of commendation sent to the Selectmen regarding Ms. McCormack. She merely conducted an auction under MGL 60 ch. 77B. After a legal dispute regarding the description set forth in a deed to the Executive Secretary she went to the Town’s Tax Title Attorney who issued a letter of direction to her.
Attorney Costello went on to explain that Kopelman & Paiges report cites the wrong section of Chapter 60 it should cite Section 77B. He stated that McCormack did nothing improper. After much discussion regarding this section of the law and the notices given for the sale of the property Chairman Webster asked Attorney Costello to move on toward the charges.
Costello went on to state that when Nugent approached McCormack and insisted that she prepare a new deed- she utilized the services of Copolla and Copolla and asked his advise. Copolla issued to McCormack the recommendation and she in turn issued it to Nugent who delivered the letter to the Chairman for authorization. Costello went on to say that McCormack in her role, acts as agent to the B.O. S. and she was instructed to obtain authorization from the Chairman, which she did and then executed a confirmatory deed. She does not recall any discussion with the Chairman of the Board of Selectmen . It is not uncommon to go through the Executive Secretary to the Board of Selectmen. Attorney Costello asked if she should be expected to step on the Executive Secretary’s toes and go to the Board of
Selectmen , she sought legal opinion and gave the opinion to Mr. Nugent. She merely relied on the advise of Counsel. At this point, Attorney Costello presented 17 letters of support to the Chairman of the Board of Selectmen.
Marder responded:
Marder explained that McCormack is an excellent Treasurer/Collector and a very conscientious person. Marder is concerned about the comments made by Attorney Costello stating that his report has many errors. There are no valid examples of the errors he has pointed out. McCormack knew she didn’t sell 14,400 square feet of land but when the pressure was put on her she had a responsibility to resist.
Kuchinski thanked McCormack’s Attorney for pointing out the discrepancies in the laws regarding the report. Her first question - Did McCormack ask Nugent to bring the matter to the full Board of Selectmen. McCormack answered that not specifically but she assumed it would be brought to the Boards attention. Kuchinski asked if $200 would be a fair price if the lot was 14,400 square feet. McCormack answered that it would go to the highest bidder. Kuchinski’s final question was if she had spoken with Mr. Flynn the day she brought the letter to Nugent. McCormack does not recall speaking with Flynn that day.
Jones commented that McCormack’s role at the auction is to act as the agent for the Board of Selectmen under Ch.60 Sec. 77B of the Mass. General Laws and typically a custodian has an obligation to put up for auction, identify parcels, prepare notices and conduct the auction and must sell it to the highest bidder. Jones asked what the two notices around Town were. McCormack’s attorney stated that the window copy was posted at the Post Office also. Marder interrupted stating that this was not her testimony for the report. There was some discussion regarding this controversy. Jones asked if McCormack referred people to the Assessor’s Office. The map shows an L shaped lot- did you ever look at the assessors maps to see the difference? McCormack stated that she did
not because she knew that the maps are used for assessing purposes only. She read the history card for lot 2066.
There was some discussion as to what the deed listed and the Street the lot was listed on. Jones then asked if McCormack used the Assessor’s description of the lot. She stated that she reviewed the cards.
Jones then added to his comments that McCormack reports directly to the Board of Selectmen and not to Mr. Nugent as she had stated earlier. Attorney Costello answered that Nugent has told her on numerous occasions that she is middle management and she reports to Nugent first. Jones asked how long this dispute went on- McCormack stated that it was a very short period of time.
Murdoch stated that she is not concerned with the many mistakes that were made but is concerned that if McCormack still believed she only sold 2,400 square feet of land why did she not give the letter to Charlie and let him know she didn’t agree with the findings because Charlie Flynn was never aware that McCormack had a problem with the size of the lot. Murdoch noted that McCormack has always done a great job for the Town and her integrity is above reproach. If she felt like she did not sell the 14,400 square feet she should have let Flynn know. Costello answered that she relied on legal opinion and gave the letter to Nugent who drafted a letter and gave it to Charlie Flynn to sign.
McCormack made a statement to the Board that she believed she auctioned 2,400 square feet but Nugent told her he had surveyors and a lawyer who told him he owned 4800 square feet. After being told this she stated you begin to believe you had made a mistake and that is when she consulted Copolla and Copolla. She believed what the Attorney told her.
Kuchinski asked McCormack if she brought the letter to Nugent before going on vacation- McCormack said yes. Kuchinski asked if she thought they would discuss this when she returned- McCormack thought that they might. She also said that she was unaware of the signing of the letter and she thought it may have been brought to the Board.
Webster stated that McCormack had always reported to the Board of Selectmen and not to Nugent. On a day to day basis you may go to Nugent but otherwise you report to the Board of Selectmen. Webster asked McCormack what she told Copolla & Copolla regarding the land - McCormack cannot recall but probably something about the ambiguity in the records, surveyors etc. Webster asked if she explained who Nugent was- McCormack said she did not. Webster asked if she talked about the maps Vs history cards but McCormack could not remember. Webster asked if the fact that Nugent was a Town Employee would have heightened her concerns to bring this in front of the Board of Selectmen. McCormack said she believed she should get legal opinion first and she still believes she sold 2400 sq. ft.
Motion by Jones to close the Disciplinary Hearing regarding Carole McCormack, second by Murdoch. Roll Call Vote Murdoch, aye; Kuchinski, aye; Webster, aye; Jones, aye. 4-0 Roll call vote ( Flynn was not present)
Webster explained to the Board that they need to decide on what action if any action should be taken.
Murdoch wanted to discuss the letters sent to McCormack and Nugent. When the Board last met they discussed the letters and termination was never mentioned. She is very dismayed that the letters that were sent out included termination- this was never discussed by the Board of Selectmen and she would not have been in favor of this had it been discussed. Webster apologized if the letters offended any of the Board Members. Murdoch mentioned that there are no illegal actions and so nothing warrants termination.
Disciplinary Action Discussion:
Murdoch - concerned why McCormack did not tell the Chairman that she was concerned:
She could have given the letter to Flynn and let him know her concerns. She should have insisted on going in front of the Board to discuss the situation. Murdoch believes that no long term disciplinary action should be taken a one or two day suspension at the most.
Kuchinski- This is unfortunate that Carole had pressure put on her, she attempted to straighten this out. Any actions Carole took were not uncorrectable she just needs to reform the deed so that it can be sold in the future. Kuchinski stated that she does not consider suspension- only a short letter in her file asking for her to be sure to bring any problems with the auction to the full Board of Selectmen in memo form.
Jones- explained that he respects McCormack, but in this case she was in over her head. We need to assure the process is corrected. The auctions should be legal and fair, this has been a mass of confusion with lots of ambiguities in the records. If McCormack had put the Selectmen on notice regarding the dispute we wouldn’t be here tonight. The Board considers her to be the financial expert. Jones suggests some action be taken that specifies this process be taken care of in the future.
Webster- We don’t seek advice enough and that would resolve these unfortunate issues. Webster sees two problems: (1)It is very important that McCormack cannot remember the information that she gave to Copolla & Copolla. That would effect the outcome of the legal advice he would give. There were many factors that came into play. (2) She was under pressure from Mr. Nugent but she should have come to the Board and should not have handed that letter to Nugent and she never spoke to Chairman Flynn. This was enough of a dilemma where she should have said she had a problem to the Board of Selectmen. Webster would advocate a one day suspension and a letter in her file.
The Board discussed suspension with out pay. Marder explained that you must suspend with pay.
Jones made a motion based on the letter sent to Ms. McCormack on August 4, 1999 the Board finds just cause to proceed to issue a letter of reprimand to Ms. McCormack, second by Murdoch. 3-1 Vote (Kuchinski, nay)
Webster thanked the audience for being attentive.
Webster discussed with the Board the letter to Nugent regarding his charges. Murdoch reiterated that nothing warrants termination. Webster stated that he views the degree of conduct very differently and Nugent’s alleged actions are more serious. He recently was made aware of two town bylaws that may have been violated as well as some conflict of interest laws and believes that the letter is appropriate. After some discussion the Board agreed to have Attorney Marder contact Nugent’s Attorney regarding these bylaws. Motion by Murdoch to fax a letter or addendum notifying Nugent and his Attorney about the Town Bylaws, second by Jones. 3-1 Vote (Jones, nay)
IV. Request for appointment: William Clay to the Parks and Field Committee to expire 6/30/02. Motion by Jones to appoint William Clay to the Parks and Fields Committee second by Murdoch. 4-0 Vote
V. Announcements: Tom and Betty Dahlberg invite the Board of Selectmen to the dedication ceremony of the Carolyn Moore Ready Conservation Area. The Ceremony will be held at 1:30p.m. on August 15, 1999.
Letter from United Nations Association of Greater Boston. United Nations Day Sunday, October 24, 1999. Ceremony at State House scheduled for Monday October 25, 1999 from 5-6:30 p.m. Kuchinski made a motion to proclaim October 24, 1999 United Nations Day second by Murdoch. 4-0 Vote.
VI. Open the warrant for the Special Town Meeting: Motion to open the Warrant to close on September 7, 1999, second by Murdoch. 4-0 Vote.
VII. Set Meeting Dates: After some discussion the Board agreed on the following dates to post meetings:
September 7, 21
October 4, 5, 12, 26
November 2, 16, 30
The Board discussed adding a September date for Goals and Objectives.
VIII. Vote to award the Bid for Norfolk County Student Transportation. Motion by Kuchinski, second by Jones to award the bid to S.C.O. Transportation at $50/day. 4-0 Vote.
IX. Sign Agreement with the Clerical Union regarding (1)the positions in the Treasurer/Collectors Office- Assistant Treasurer- grade 7; Assistant Collector-grade7; Clerk- grade 4.
(2)Also- expedited arbitration dealing with the five day work week for a decision on or before September 24, 1999.
Motion by Kuchinski to sign agreement and #1 second by Jones 4-0 Vote
Motion by Jones to sign agreement re: expedited arbitration second by Murdoch. 4-0 Vote.
X. Discussion regarding Plymouth County Land Purchase and Sales Agreement.
We need to think about issues regarding use of the property. Webster recommends the Board schedule meetings for this specific topic. Kuchinski asked that the first meeting include the Plymouth County Hospital Property Committee in the meeting and let them bring us up to speed and we could see if we want further help from VHB. After some discussion regarding this suggestion there was a consensus of the Board to have the Committee come in with VHB after final report. Set for Tuesday 24th.
XI. Tuesday evening Board Meetings: Should encourage the Boards to change to Tuesday nights for new hearings that are set. Nugent explained that when a Board meets on a Thursday Night it is difficult because the Clerical Personnel sometimes go over their scheduled times for that week. Lila Coyle was in the audience and asked about comp. time. Nugent explained that we have had to move away from Comp time because the law states that you have to pay for comp. time. After some discussion Jones suggested to ask the Boards to hold meetings on Tuesday Nights and to track overtime for one month.
XII. The Board announced that they agreed on terms and conditions of the Purchase and Sales Agreement for the Plymouth County Hospital Property and it is subject to Town Meeting Approval and a satisfactory site assessment.
Webster announced the vote taken at the last meeting for the Town to enter into agreement for the County property for $950,000.
Executive Secretary’s Report:
Wildlife and Fisheries regarding the Boat Ramp- if the Board agrees they will draft a contract to enter into agreement for materials and some labor to complete the Boat Ramp. We must have signs stating it is a State Sponsored Boat Ramp and designate three more parking areas for roof top racks.
Motion Kuchinski to enter into shared cost arrangement with the state for the boat ramp., second by Murdoch. 4-0 Vote.
Lila Coyle suggested that the Board check on the decision regarding the suggestions about the boat ramp. Poured concrete may be the wording.
Copy of the HOP Proposal- re Brookside Village- they have checked with all Boards. They will have 12 Units and 3 are affordable housing. They have updated all percs and need to make a presentation to the Board of Selectmen. The Board decided to set a meeting date on September 7, 1999.
Webster read a letter from the Town Clerk regarding the recall of Charles Flynn. There were 942 Certified Signatures. The Board must send a letter to Flynn and he has five days to resign if chooses not to an election will be held in October. Motion by Jones to authorize the Chairman to send a letter to Flynn notifying him of the recall, second by Kuchinski. 4-0 Vote (Flynn was not present).
Jones requested permission from the rest of the Board to send a thank you note to the Executive Secretary in Martha’s Vineyard who let him receive a fax from his office. The Board agreed that would be a good idea.
Murdoch made a motion to move into Executive Session under Item #3 Fire Department Negotiations, second by Kuchinski. 4-0 Roll Call Vote.
Motion to adjourn at 11:55 P.M. by Murdoch, second by Kuchinski. 4-0 Vote.
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