Minutes of Selectmen Meeting
January 25, 2000
Present: Judy Murdoch, Cathy Kuchinski, Daniel Webster, Stephanie McSweeney, Peter Jones.
6:46 p.m. Chairman Webster called the meeting to order. Announced that Mr. Davis was delayed due to the weather and the Board would meet with Mr. Donovan who was present.
Kevin Donovan appeared before the Board for further interviews. Mr. Webster advised Mr. Donovan that this round of interviews would be informal.
Ms. Kuchinski inquired as to the time elements with respect to the Executive Secretary’s position and his other commitments. Mr. Donovan indicated that the Executive Secretary’s position would take precedent over all his other positions. He indicated that he never had a conflict while working in Rockland.
Mr. Jones inquired about the funding for Rockland’s new police station and the extent to which Mr. Donovan was involved in grant writing. Mr. Donovan indicated that he was responsible for all the grant writing in Rockland. He is very experienced in the process and works well with legislature regarding assistance in obtaining grants.
Mrs. McSweeney inquired as to Mr. Donovan involvement in the closing of Plymouth County Hospital and what he did to insure it was closed properly. Mr. Donovan indicated that he was a County Commissioner at the time the hospital was preparing to closed. He sited Prop. 2 1/2 and drop in Medicare assistance as some of the reasons for closing the facility. However, he was not on the Board when the hospital finally closed.
Mr. Webster asked how often he is required to work evenings in Rockland. Mr. Donovan indicated that he goes to all the Fin Com. meetings, some meetings with planning and of course Selectmen’s meetings. He does not attend meetings on behalf of Board of Selectmen members.
Ms. Kuchinski inquired as to his role in public relations such as attending civic group meetings. Mr. Donovan feels that as Executive Secretary he would be expected to go and has attended many meetings in Rockland.
Mrs. McSweeney ask him to explain what his role was in the problems in Rockland. Mr. Donovan explained that the Tax Title Attorney was involved in some questionable land deals. He looked into the matter at the Board’s request. The attorney resigned. He found a potential conflict and he reported it to the District Attorney’s Office. The DA’s office reviewed situation and referred it to the Ethics Commission. Although it did receive quite a bit of press, he does believe that there was at the very least an appearance of questionable activity for the Attorney.
Mr. Webster asked whether he had the Board’s permission to refer the matter to the District Attorney. Mr. Donovan said that although there was no formal vote on the issue his was instructed by four members of the Board to contact the DA.
Ms. Kuchinski reported to Mr. Donovan that when she spoke to individuals during her research people described him as being too nice to holding grudges. Mr. Donovan explained that he had been in government for 23 years. He would not have been elected and held so many positions if he held grudges. He feels he is measurable and bases his decisions on the fact. He feels that same way regarding being too nice.
Mr. Webster thanked Mr. Donovan for coming and asked if he had any questions for the Board. Mr. Donovan’s only questions was when the Board planned to make a decision on the position. Mr. Webster indicated that this is a very important decision and wants to be sure everyone is comfortable with the choice. He hoped to make a decision this evening and if not very soon.
7:17 p.m. Mr. Donovan left and Mr. Winn Davis arrived.
Mr. Webster welcomed Mr. Davis and explained that this would be a informal interview and offered Mr. Davis to ask questions of the Board. Mr. Davis did not have any at the moment but wished to reserve his right to questioning at the end.
Mrs. Murdoch noted that at the last interview Mr. Davis sited that he did not participate in the collective bargaining with the Unions and if he had any experience with the unions. Mr. Davis explained that he has had limited experience when dealing the collective bargaining. The Town Manager works with Kopelman & Paige. The Board of Selectmen take a hands off approach and do not participate at all in negotiations.
Mr. Webster inquired whether Mr. Davis sits in on the negotiations. Mr. Davis deals with the union grievances and the strategy session but does not participate in the actual negotiations.
Mrs. McSweeney inquired how he would be able to make the transition from second in command to Executive Secretary. Mr. Davis explained that currently he has many departments reporting directly to him library, planning, and all the buildings related departments. He does not view this position as a job but more as a relationship between him and the Selectmen and other departments which will require trust through communication and consensus building.
Mr. Webster explained that this is a goal oriented Board and it relies on the Executive Secretary to follow up in order to achieve their goals. How would he help implement the ideas in a timely manner. Mr. Davis indicated that he would first look at the requirements and constraints i.e. Town Meeting Vote, bids, public meetings, grants requirements and time table. He would establish deadlines and update the Board and request their input as well as that of other relative departments. He uses Microsoft Project to assist him in project preparation.
Ms. Kuchinski as how often would he be available for public relations and meeting with civic organizations. Mr. Davis indicated as much time would be necessary. Currently he works 2 to 3 nights per week. Working nights is not a problem. Ms. Kuchinski inquired as to his experience in the budget process. Mr. Davis indicated he is very involved in the budget process.
Mr. Jones indicated that when he did his research, he received comments that Mr. Davis can be overly efficient to a bit abrupt. Mr. Davis admitted that occasionally someone may want to speak to him immediately, but it would not be a good time and he would suggest setting up an appointment. He may not have communicated properly. He feels that if a manager has to do all the work then he has failed to train his staff to do their jobs. Mr. Jones also commented on the Providencetown Website and was very impressed. Mr. Davis indicated that the Town Clerk maintains the day to day operations of the Website but he work quite a bit on the site and feels it is a valuable resource of citizens. Particularly because 40% of the property owners do not live in Providencetown.
Ms. Kuchinski inquired about the Growth Management Plan referred to in Mr. Davis resume. Mr. Davis explained that Provincetown does not have its own water and buys it from Turo. He went onto explain how the program worked using Title V information and limiting building permits to 28 per year. However, they calculate this information more accurately based on the number of bedrooms. He works closely with Capital Improvement using a business approach. They use spreadsheets over the next ten years to predict how they can pay for water and other improvements. They have replacement programs for vehicles as well as a building improvement plan.
Mr. Webster asked Mr. Davis if he had any questions. Mr. Davis commented that his is committed to a relationship with the Board of Selectmen and that continuity is important for any town. He look forward to working with the Board.
Mr. Webster explained that he was hopeful to have a decision tonight.
7:50 p.m. Mr. Davis left.
Annual Town Report - Mr. Webster explained that we received one bid for the Annual Town Report and it was from Fairmount Printing in Rockland in the amount of $29.97 per page.
MOTION by Cathy Kuchinski, second by Judy Murdoch to award the bid for the Annual Town Report to Fairmount Printing in Rockland in the amount of $29.97 per page. Voted 5 - 0.
Hanson Country Manor application for transfer of a Lodging House License.
MOTION by Cathy Kuchinski, second by Judy Murdoch to open hearing. Voted 5 - 0 to open hearing.
Mr. Webster read the hearing notice indicating that Cheryl Norton, Trustee of the Rebo Realty Trust was applying for a Lodging House License for the Hanson County Manor located at 748 Whitman Street. Mr. Kevin Norton was present on behalf of the Trust. He is the Management Agent. Mr. Norton indicated that there have been no structural changes, however, they do plan to pave the parking area and driveway. Mr. Henry Gunneson will be on the premises as manager and has been there for the past three years. Chief King indicated that there have been a number of calls to the facility in the past and would like to meet with the new owners to discuss the incidents and strategies to avoid future problems. Mr. Norton indicated that he would be happy to meet with the Chief and would set up an
appointment. Mrs. Murdoch inquired if there is a list of residents and who maintains the list. Mr. Norton explained that some of the residents have been there for a number of years, while others only stay for a few weeks. Mrs.. Murdoch indicated that she would like to be sure that a list is maintained, without invading the anyone’s privacy.
MOTION by Judy Murdoch, second by Cathy Kuchinski to grant the license transfer for a Lodging House License to Cheryl Norton, Trustee of Rebo Realty Trust for the Hanson Country Manor with the condition that the new owners have a dialogue with the Police Chief and the Board will review the matter in six months. Voted 5 - 0
MOTION by Cathy Kuchinski, second by Judy Murdoch to close hearing. Voted 5 - 0.
Village Mini Mart Liquor License Violation Hearing - Chief King was present to prosecute along with witness Officer Brian Watson and store owners Paul and Christine Behan.
MOTION by Peter Jones, second by Judy Murdoch to open hearing. Voted 5 - 0.
Chairman Webster read the notice sent to Mr. Behan and asked if he received the notice. Mr. Behan had. Mr. Webster asked if Mr. Behan was being represented by counsel or had any witnesses. Mr. Behan indicated he did not. Mr. Webster swore in Mr. Behan, Chief King and Officer Watson. Chief King called Officer Watson as the first witness and requested that he explain the Sting Operation. Officer Watson explained that on October 14, 1999 at 5:30 p.m., in conjunction with the Plymouth County Sheriff’s department, the parties met at the Police Station where the two minors were photographed, given a breathalyzer (both resulting in a 00 reading) and $20.00. The parties went the Village Mini Mart to two separate vehicles. Officer Watson parked his vehicle where
he clear view of the entrance of the store. He observed the minor enter the store and come out a short time later with a six pack of Budweiser Beer. The minor indicated that he was not asked for any identification. The parties returned to the police station where the beer was marked for evidence. Chief King indicated he had no further questions. Mr. Behan indicated that the clerk has worked for him for some time. Feel this is a very unfortunate incident and assured the Board it would not happen again. Ms. Kuchinski inquired if the clerk had had any TIPS training. Mr. Behan said he had not but will send him to the program. Mr. Jones asked if the minor had an ID with him at the time. Officer Watson indicated that he had. Chief King advised that Board that this is the first offense for Village Mini Mart, it is a well run business and in fact he was surprised. They perform two stings per year and
Village Mini Mart has not been caught. Chief King pointed out that the Officers involved indicated that the store a very busy that night.
MOTION by Cathy Kuchinski, second by Judy Murdoch to close hearing. Voted 5 - 0.
Chief King’s recommendation and in accordance with the ABCC guidelines that the Board issue a letter of warning to Village Mini Mart due to the fact that it is their first offense.
MOTION by Stephanie McSweeney, second by Cathy Kuchinski that a letter of warning be sent to Village Mini Mart. Voted 5 - 0.
Recreation Commission appointment - Two applications were received to fill the vacancy left by Dayna Pierce - Jerry Thompson and Scott Petersen. After brief discussion recommendation was to appoint Jerry Thompson and send a letter to Mr. Petersen encouraging him to attend some Commission meetings and apply again when there is another vacancy
MOTION by Peter Jones, second by Judy Murdoch to appoint Jerry Thompson to the Recreation Commission. Voted 5 - 0.
Review meeting minutes - Chairman Webster indicated that he has not completed his review and would like to table the matter until next week. He also pointed out that although there has been comments in the press indicating that the minutes are not up to date that in fact they are and available upon request. The delay has been that the Board not approving the minutes.
Mrs. Murdoch notified the Board that she requested the Fire Chief issue be placed on the agenda for the next meeting. The Fire Chief Search Committee would like to know where the Board stands on the issue of the Strong Chief/Weak Chief and a salary recommendation.
Myette Country Store liquor License Violation Hearing - Chief King was present to prosecute along with witness Officer Brian Watson and store owner Jason Myette.
MOTION by Judy Murdoch, second by Peter Jones to open hearing. Voted 5 - 0.
Chairman Webster read the notice sent to Mr. Myette and asked if he received the notice. Mr. Myette had. Mr. Webster asked if Mr. Myette was being represented by counsel or had any witnesses. Mr. Myette indicated he did not. Mr. Webster swore in Mr. Myette, Chief King and Officer Watson. Chief King called Officer Watson as the first witness and requested that he explain the sting operation. Officer Watson explained that on October 14, 1999 along with the Plymouth County Sheriff’s department they performed a Sting Operation using two minor. After checking that they did not have any money, he gave one of the minors $20.00. The parties went the Myette’s General Store in two separate vehicles. Again, Officer Watson parked his vehicle where he had clear
view of the entrance of the store. He observed the minor enter the store and come out a short time later with a six pack of Budweiser Beer with no bag. Officer Watson did point out that the minor did not have the beer with her when she entered the store. The minor indicated that she presented her identification which indicated a birth date of 5/13/80 - she is only 19 years of age. Chief King indicated he had no further questions. Chairman Webster as Mr. Myette if he would like to respond. Mr. Myette indicated that he was not working that evening. As a result of the sting operation, other incidents have presented themselves involving this employees. Due to these facts, the employee has subsequently been fire. Mr. Myette felt the employee knew better and may have sold the beer to minor because she was pretty. Ms. Kuchinski inquired if the employees are TIPS trained. Mr. Myette indicated most employees are. Chief King indicated that this is the first offense for the store
and was surprised as to the outcome of the Sting. He feels the store is very well run. Mr. Myette feels this is a very unfortunate incident and assured the Board it would not happen again.
MOTION by Cathy Kuchinski, second by Judy Murdoch to close the hearing. Voted 5 - 0.
Chief King recommended that due to the fact that this is a first offense and in accordance with ABCC guidelines, a letter of warning should be sent to Myette General Store
MOTION by Judy Murdoch, second by Peter Jones to send a letter of warning to Myette’s General Store and have all employees take the TIPS program. Voted 5 - 0.
14 - 58 Liquors application for Change of Manager and Alteration of premises - Mr. David Luke and Mr. Stephen Luke were present for the hearing.
MOTION by Stephanie McSweeney, second by Judy Murdoch to open hearing. Voted 5 - 0.
Chairman Webster read the notice of the hearing. Mr. David Luke requested the Board approve his application to take over as manager of the store. He also explained that the store will be expanding into the space previously occupied by Showcase Video. All the abutters have been notified. Mr. Luke indicated that most of his staff is TAM certified and the rest will be certified shortly.
MOTION by Cathy Kuchinski, second by Judy Murdoch to approve the change of manager from Stephen Luke to David Luke as well as approve the alteration of the premises. Voted 5 - 0.
MOTION by Cathy Kuchinski, second by Judy Murdoch to close the hearing. Voted 5 - 0.
Executive Secretary Position - Mr. Webster explained the hiring process. After forming a search committee and placing ads for the position, 28 applications were received. The search committee reviewed the applications and invited 8 applicants to an interview. One applicant withdrew his application prior to the interview. One candidate could not attend any of the suggested interview dates. Consequently, only 6 applicants were interviewed. The search committee picked 4 individuals to recommend to the Board of Selectmen. At that point the search committee did background checks on the four candidates. After the Board of Selectmen interviewed the candidates, the search committee shared their findings with the Board at a joint meeting. The Board of Selectmen narrowed
the field to two candidates. Mr. Webster thanked everyone for their hard work and efforts.
Judy Murdoch said that the Board was very fortunate to have such qualified candidates. She explained that Mr. Donovan had many strengths particularly in collective bargaining. He was very experienced. He had in-depth knowledge of the Plymouth County Hospital and is in a position to hit the ground running. For these reasons, she would vote for Mr. Donovan.
Stephanie McSweeney agreed with Mrs. Murdoch that they were both strong candidates and it is a difficult decision. She felt Mr. Davis was very clear with his answers, methodical and very intelligent. She pointed to his experience with the website and work on the pier project. She feels he will bring a new face to the position and liked his teamwork approach. She would vote for Mr. Davis.
Peter Jones also agrees with the previous assessments. Mr. Davis has exceptional legal and land use background and had very thoughtful answers. He is troubled by the lack of experience in negotiation skills and that he has only been in the position as assistant town manager for 3 years. Although his education is a great asset. Mr. Donovan has a lot of experience particularly in budget, grants and negotiations. Mr. Donovan experience as a selectman is also helpful. He has handled the problems in Rockland very well and the reviews Mr. Jones received during his research were very good. He would vote for Mr. Donovan.
Cathy Kuchinski feels that the town needs a fresh face. She sited Mr. Davis’ land use experience and team building style as important skills. She feels that Mr. Donovan has similar skills but the town needs someone with more education. She would be voting for Mr. Davis.
Dan Webster feels that both candidates were very good. It is unfortunate that Mr. Donovan has had problems in Rockland and the Mr. Donovan was very open with the Search Committee regarding the situation. Mr. Webster is concerned about the time commitment as a Selectman and the Executive Secretary. The Executive Secretary will be required to attend many meetings on behalf of the Board. Mr. Webster feels the Town needs to continue with the healing process and we need a fresh face in the position. The timing for Mr. Donovan was unfortunate. Mr. Webster had some concern regarding Mr. Davis’ collective bargaining skill, but feels as an attorney, he would be able to pick it up. Consequently, he would be voting for Mr. Davis.
MOTION by Stephanie McSweeney, second by Cathy Kuchinski to offer the position to Mr. Winn Davis and enter into contract negotiations. Voted 3 - 2 (Jones & Murdoch)
MOTION by Peter Jones, second by Judy Murdoch to make the vote a unanimous vote to offer the position to Mr. Davis. Voted 5 - 0.
MOTION by Peter Jones, second by Cathy Kuchinski to set up a subcommittee to negotiate with Mr. Davis. The subcommittee to consist of Dan Webster and Judy Murdoch. Voted 5 - 0.
Furnace Issue - Chairman Webster explained that the furnace replacement proposals were sent to the Gas Inspector, Scott Bizzizero, who has reviewed them. His recommendation would be award the contract to C & S Refrigeration due to the fact that his proposal has features the other contractors do not. The warranty, motorized air dampers and their history with the system.
MOTION by Judy Murdoch, second by Cathy Kuchinski to award the furnace contract to C & S Refrigeration in the amount of $36,481.00. Voted 5 - 0.
9:23 p.m. - brief recess.
9:45 p.m. - Returned from recess Chairman Webster indicated that the Board would be going into Executive Session under Item #3 Collective Bargaining and litigation with non-union personnel, to discuss a contract for Mr. Davis and Mr. Nugent’s land.
MOTION by Judy Murdoch, second by Stephanie McSweeney to enter into Executive Session under Item # 3. Murdoch aye, Kuchinski aye, Webster aye, McSweeney aye, Jones aye voted 5 - 0.
10:30 p.m. Returned from Executive Session, no votes were taken.
MOTION by Judy Murdoch, second by Stephanie McSweeney to adjourn. Voted 5 - 0.
Meeting adjourned at 10:32 p.m.
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