Selectmen’s Meeting Minutes
July 23, 2002
Present: Robert Forte, Cathy Kuchinski, Daniel Webster, Stephanie McSweeney and Peter Jones. Also present Executive Secretary Winn Davis and Management Assistant Meredith Scozzari.
7:34 p.m. Chairman Webster called the meeting to order and read the announcements and upcoming meeting schedule.
I. Carol McCormack – Disciplinary Hearing – Mrs. McCormack with present with her counsel, Attorney Costello. The Town’s Special Counsel David Thomas was also present. Mr. Forte excused himself from the hearing. Chairman Webster asked if Mrs. McCormack wished to have the hearing in open or executive session. Mrs. McCormack requested the hearing be conducted in open session.
MOTION by McSweeney, second by Jones to open hearing. Voted 4 – 0.
Special Counsel David Thomas presented the case to the Board, briefly reviewing his investigation. He also informed the Board that a copy of his report has been forwarded to the Ethics Commission and the district attorney’s office. Attorney Thomas highlighted each of the six charges filed against Mrs. McCormack:
1. Failure to maintain an accurate list of Town owned property available for auction throughout the mid 1990’s;
2. Failure to follow the direction in 1995 of the Board of Selectmen as it pertains to map 93, Lot 7;
3. Failure to insure the property to be auctioned was appropriate by checking with all departments, commissions and committees and receiving their responses;
4. Failure to maintain adequate records of the auctions, both prior to the auction, and following the auction;
5. Failure to give adequate notice of the auction on 22 June 1998, including failure to give timely notice of the expectations for deposit checks;
6. Failure to maintain control over the auction process on 22 June 1998
a. Control of Sign In to insure that only qualified bidders signed in;
b. Control of Bidders to insure that only qualified, signed-in bidders were bidding;
c. Documentation Issues substantiating the auction process are inadequate
Attorney Thomas indicated that during the course of the investigate Mrs. McCormack had been very cooperative and Mrs. McCormack’s integrity has never been in question. He did find that her processes and procedures fell short and were inadequate. He described various circumstances supporting each of the charges.
Attorney Costello spoke on behalf of Mrs. McCormack. Attorney Costello indicated that the processes used by Mrs. McCormack were identical to the processes used in other towns. Regarding charges 1 & 3 Attorney Costello didn’t feel it was Mrs. McCormack’s sole responsibility to maintain accurate lists, but that of all departments including the Selectmen, Water Department, Conservation and Assessors. He also pointed out that Mrs. McCormack sent notices to all the departments prior to each auction and she received responses from some of the departments. He indicated that it is the responsibility of all departments to respond to Mrs. McCormack. She should not have to continually follow up with them. Attorney Costello felt Mrs. McCormack followed the direction of the
Board of Selectmen as indicated in Charge 2. Mrs. McCormack had taken three lots off the auction list as requested and when one lot was selected for the Habitat for Humanity project, she placed the remaining two lots on back on list for future auctions. Regarding Charge 4, Attorney Costello reiterated that Mrs. McCormack sent a list of all properties to all the departments and only received responses from the Water Department and Conservation. Relative to Charges 5 & 6, Attorney Costello indicated that Mrs. McCormack followed all the necessary procedures for the auctions and her staff held the checks during the auction process. The property owners and former owners were notified and the abutters, although not required to be notified, were notified appropriately. He feels there was no lack of documentation.
The Board asked questions and discussed the auction procedures regarding sign-in sheets and bidding qualifications. It was pointed out that then Conservation Chairman, John Aiello was present and bidding on behalf of a friend Melody Lindsay, but Mr. Aiello’s names was not on the bidder’s list. The Board inquired why Mrs. McCormack didn’t have some concern regarding a town official bidding as an agent, but had not signed in as a bidder. Mr. Costello indicated that other town officials had bid a previous land auctions. Mr. Aiello had indicated to Mrs. McCormack prior to the start of the auction that he would be bidding on behalf of Ms. Lindsay.
Attorney Thomas rebutted Attorney Costello’s arguments, stating at one point Mrs. McCormack sold one parcel of land twice (not Acorn Road). Additionally Mr. Aiello was not a registered bidder, had not signed the bidders list, but participated in the auction and was the successful bidder. Consequently, Mrs. McCormack had not kept accurate records at the auction. Attorney Thomas pointed out that Mrs. McCormack had not followed procedure during the previous auction in 1996, when the Acorn lot had been forfeited by Mr. Ellis. The procedure, according to Mrs. McCormack was to offer the forfeited property to the second highest bidder. Mr. Kelliher, the second highest bidder in 1996, had not been notified that the lot had been returned. Thomas pointed out that the terms and conditions of sale
had an additional paragraph added to it and it was confusing to the bidders. After a lengthy discussion the hearing was closed at 9:07 p.m.
MOTION by McSweeney, second by Jones to close the hearing. Voted 4 – 0.
The Board discussed the evidence and the process of issuing the findings. Each member cited their concerns and opinions regarding several of the charges. They also agreed that Mrs. McCormack has been a dedicated employee and she has never done anything to gain personally. The Board addressed each charge.
MOTION by Jones, second by McSweeney to delete Charge #5. Voted 4 – 0.
Charge #1 was discussed at length. The Board cited concerns that the “mid 90’s” could include the 1994 auction, which had not been a subject of the investigation.
MOTION by McSweeney, second by Jones delete Charge 1. After discussion the motion was withdrawn.
Attorney Thomas pointed out that had Mrs. McCormack kept an accurate list, the incident would not have happened. Consequently, deleting Charge 1 would be a problem.
MOTION by McSweeney, second by Jones to amend Charge 1 by replacing “mid 90”s” with 1995, 1996 and 1998 auctions. After brief discussion, the motion was withdrawn.
MOTION by McSweeney to find that Mrs. McCormack failed to maintain an accurate list of Town owned property available for the auction of 1995, 1996 and 1998 outlined in Charge 1. No second.
Further discussion relative to the necessity of the particular years.
MOTION by McSweeney, second by Jones to find that Mrs. McCormack failed to maintain an accurate list of property as printed in Charge 1. Voted 3 – 1(Kuchinski).
MOTION by Jones, second by McSweeney to find that Mrs. McCormack failed to follow the direction in 1995 of the Board of Selectmen as it pertains to map 93, Lot 7 as outlined in Charge 2. Voted 4 – 0.
MOTION by McSweeney, second by Jones to find that Mrs. McCormack failed to insure the property to be auctioned was appropriate by checking with all departments, commissions and committees and receiving their responses as outlined in Charge 3. Voted 4 – 0.
MOTION by Webster to find that Mrs. McCormack failed to maintain adequate records of the auctions, both prior to the auction, and following the auction as outlined in Charge 4. No second.
MOTION by Jones, second by McSweeney to dismiss charge #4. Voted 3 – 1(Webster)
MOTION by Jones, second by McSweeney to find the Mrs. McCormack failed to maintain control over the auction process on 22 June 1998, Control of Sign In to insure that only qualified bidders signed in; Control of Bidders to insure that only qualified, signed-in bidders were bidding; and Documentation Issues substantiating the auction process are inadequate as outlined in Charge 6. Voted 4 – 0.
The Board discussed disciplinary measures including a letter of reprimand, suspension without pay, review of policy and procedures, creation of policies and procedures for auctions and sealed bids and working with the Executive Secretary and other departments to catalog town land. Mr. Jones voiced his concern regarding Mrs. McCormack conducting future auctions. Ms. Kuchinski requested that it be noted for the record that other departments are also responsible for the some of the failures in the auction process. Ms. Kuchinski pointed out that Mrs. McCormack would be suspended not as the Treasurer/Collector but as the Tax Title Custodian. Lengthy discussion ensued relative to Mrs. McCormack’s position as Tax Possession Custodian and Tax Title Custodian. Ms. Kuchinski suggested removing
the suspension and issuing a letter of reprimand, if the title of the position would be a problem. Board consulted with Attorney Thomas who recommended moving forward with the disciplinary proceedings and he would defend the title issue if necessary.
MOTION by Jones, second by Kuchinski to continue the matter until Tuesday, August 13th. Voted 4 – 0.
10:28 p.m. Proceedings ended and Mr. Forte returned to the table.
II. Beede Waste Oil Clean up – Mr. Davis presented the Board with an agreement with EPA for the Beede Waste Oil Clean up. The final cost to the Town is $11,093.75 and the offer is open until August 2nd.
MOTION by Kuchinski, second by Jones to authorize the signing of the second De Minimis offer by EPA in the amount of $11,093.75. Voted 5 – 0.
III. Appointment of Board member to Negotiation Team for Comprehensive Permitting – Mrs. Coyle of the ZBA was presented and informed the Board that they are looking for a representative of the Board to be present during their meetings with the developers of the 40B comprehensive permit projects and a member to also serve on the negotiation team which would be comprised of representatives from other departments, the developer, town counsel and State representatives. Mr. Forte and Ms. Kuchinski offered to serve. A meeting is scheduled for Wednesday, July 31 and August 13th.
IV. Discuss and vote Special Town Counsel for new matter of Town of Kingston v. Town of Hanson, et al – Mr. Davis informed the Board that the Town has been served with a suit from the Town of Kingston relative to Crystal Springs. Although it is a water matter, the Town must respond. As Kopelman and Paige represents both Hanson and Kingston, they will not be representing either town in the suit. Mr. Davis has contacted McGregor Associates and is awaiting information regarding their legal services fees. The Board inquired as to which account or department will be paying the legal fees for the suit. Mr. Davis to check.
MOTION by Jones, second by Kuchinski to retain special counsel at a rate of $150.00 or less and to contact the water department regarding the suit. Voted 5 – 0.
V. Request from Hanson Lions for Carnival at Plymouth County Hospital Sept. 19 & 20th
MOTION by Kuchinski, second by McSweeney to approve the Lions’ request under the same terms as last year. Voted 5 – 0.
VI. Early Retirement – Vote Group 4 and Chief’s retirement – Mrs. Gomez was present and informed the Board that she and Mr. Davis met with County Treasurer John McClellan who informed them that the average length of the early retirement program would be 12 years. She indicated that if the seven eligible people in Group I retired, it would cost the Town $478,000 or $54,000 per year. Mr. Davis indicated that if one person in Group 4 were allowed to retire, it would only cost $10,000. The Board also discussed the school department employees who would be eligible under the program. There are 53 people eligible. The Board recommended a letter be forwarded to the School Committee indicating the Board’s vote and encouraging the School
Committee not adopt the Early Retirement Program.
MOTION by Kuchinski, second by McSweeney to authorize one eligible member of Group 4 to apply for retirement by August 31, 2002 and retire before December 1, 2002. Voted 3 – 2 (Forte & Jones)
Executive Secretary’s Report – Mr. Davis informed the Board the Chief Hoyt will be on vacation July 29 & 30th.
MOTION by Kuchinski and McSweeney to adjourn Voted 5 – 0.
11:52 p.m. Meeting adjourned
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