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Selectmen Minutes 9/16/03

Selectmen’s Meeting Minutes
September 16, 2003

Present:  Present were Catherine Kuchinski, Mark Gallivan, Peter Jones, Robert Forte and Jesse McSweeney.  Also present were the Executive Secretary, Winn Davis and Executive Assistant Meredith Scozzari.

7:40 p.m.       Chairman Jones called the meeting to order and read the announcements and upcoming meeting schedule.  Chairman Jones noted that there was a vacancy on the School Building Committee and requested volunteers from the Board.

MOTION by Gallivan, second by McSweeney to appoint Mr. Forte to the school building committee.   Voted 5 – 0.

I.      Appointment:  Received an application from Craig Nicholson of 41 Holly Ridge Drive for appointment to the Conservation Commission.

MOTION by McSweeney, second by Gallivan to appoint Craig Nicholson to the Conservation Commission to fill the vacancy of Deborah McKeen.   Voted 5 – 0.

II.     Dream Limousine – Limo License – Robert Nickerson of Dream Limousine was present to request a livery license for 1139 Main Street for three vehicles.  The Board questioned Mr. Nickerson as to why he did not renew his license in December, inquired about his driving record, the number of vehicles at the location and information about additional drivers.  

MOTION by Kuchinski, second by Gallivan  to grant Mr. Nickerson a livery license for Dream Limousine subject to the approval for the Zoning Board of Appeals for site plan and upon the receipt of proper licensing information for his drivers and receipt of a copy of the Registry of Motor vehicles receipt for the returned plate.  Voted 4 – 1 (McSweeney).  

III.    Storm Readiness – Chief Hoyt was present to discuss emergency readiness in the event Hurricane Isabelle hits the area.  He highlighted emergency proceeds and recommendations for power outages. He warned about kerosene lanterns and candles.  The Water Superintendent forwarded information that the Water Department has emergency generators in the event of a power outage.

IV.     Fire Fees – The Chief requested that Board accept his recommendation of increase fees for the fire department.  The fees generated $11,000 in fiscal 2003 and he anticipates receiving $20,000 to $24,000 in fees as a result of the increase.  

MOTION by Forte, second Kuchinski to accept the Chief’s recommendation for the increase of fees.  Voted 4 – 1 (Gallivan)

V.      Snow Street  - Mr. and Mrs. Robert Andrews and Attorney Lane of Kopelman & Paige were present to discuss the ongoing issue of Snow Street.  Mr. Davis reviewed the history of the situation.  Mr. Andrews provided additional information and a CD with photographs of Mr. Dias passing over Snow Street.  Attorney Lane outlined the previous court action.  Mr. Dias remains in contempt of the court order not to pass over Snow Street unless he is in his private vehicle.  

Chairman Jones announced the Board would be going into Executive Session under item #3 Litigation & Strategies.

MOTION by Gallivan, second by Forte to go into Executive Session under item #3.  Roll Call Kuchinski aye, Gallivan aye, Jones ayes, Forte aye and McSweeney aye. Voted 5 – 0.

8:37 p.m.       Brief Recess

9:25 p.m.       Back in open session to a Brief Recess

9:30 p.m.       Open Session – Chairman Jones announced no votes were taken in Executive Session.

VI.     Committee Reports – School Building Committee – Mr. Jones announced that the groundbreaking ceremony at the High School was well attended as was the Patriotic Mural event.  

Chairman Jones announced that there will be an open meeting law seminar on Tuesday, September 23rd at 3:00 and 7:00 p.m.   The Selectmen will hold a brief meeting following the seminar.

VII.    Executive Secretary’s Report – Mr. Davis reported he received a letter from the County Commissioners requesting that the lease on the Superintendents building be extended for five years.   The Water Commissioners have informed the Board that they do not wish to fill the vacancy left by Mr. Ellis, to be addressed later in the agenda.  Mr. Davis submitted his letter of resignation effective October 7th and presented the Board with his schedule for the remainder of his term.  Mr. Davis recommended that the Executive Assistant be appointed interim executive secretary and Elizabeth Sloan be considered to provide administrative support staff.  Mr. Jones and Mr. McSweeney to negotiate a stipend for Mrs. Scozzari.

MOTION by Gallivan, second by Forte to accept Mr. Davis resignation.  Voted 5 – 0.

MOTION by Gallivan, second by Kuchinski to have Mr. Jones and Mr. McSweeney meet as a subcommittee to negotiate an agreement with Meredith Scozzari for the period following Mr. Davis’ departure and any recommendation for part-time help and report back to the September 30th meeting.  Voted 5 – 0.

The Board thanked Mr. Davis for his efforts on behalf of the Town.

Mr. Davis provided the Board with a status report on the “To Do List”.  The Board discussed the MBTA matrix and indicated they are still interested in obtaining the information prior to making a decision. Mr. Davis also informed the Board that an ethics seminar has been scheduled with the Secretary of State’s office for October 28th.  Additional topics will include special municipal employees.  

VIII.   Sign October Special Town Meeting Warrant – The Board discussed their recommendations for the remaining articles.

Article 12 – Fire Chief expense lines – Hold for further information.

Article 14 -     Hold for further information.  The Board indicated they could vote at Town Meeting if necessary.

Article 19 – Conservation – West Washington Street land.  Mr. Gallivan pointed out that when he abstained at the previous meeting, he was unaware the land was already owned by the Town. The Board discussed the options for the parcel but did not have any information from the Conservation Agent.

MOTION by Gallivan, second by Jones not to recommend at this time and requested to gather additional information and evaluate the options.  Voted 3 – 2 (Kuchinski & McSweeney).

Article 20 – Petition Article – Use of school grounds – After a brief discussion, the Board voted to refer to town meeting.

MOTION by Kuchinski, second by Forte to refer the article to Town Meeting.  Voted 5 – 0.


IX.     Request to use BCI parking lot for parking September 21st  – Request from Croghan family to use the BCI parking lot during the Boston Marathon Jimmy Fund walk.

MOTION by Kuchinski, second by McSweeney to allow the Croghan family to us the BCI parking lot on Sunday, September 21st.  Voted 5 – 0.  The Board sent along their best wishes.

X.      Approve & Vote minutes:  January 16, 2001, April 9, 2001, February 5, 2002 & December 16, 2002.  Ms. Kuchinski requested that the January 16, 2001 and the February 5, 2002 minutes be held until the executive session minutes are received.

MOTION by Kuchinski, second by Jones to approve the regular and executive session minutes of April 9, 2001.  Voted 2 – 0 – 3 (Gallivan, Forte, McSweeney)

MOTION by Kuchinski, second by Jones to approve the minutes of December 16, 2002.  Voted 3 – 0 – 2 (Gallivan & McSweeney).
XI.     Resignation – Accept letter of resignation from Donald Ellis from the Water Commissioners.  

MOTION by Kuchinski, second by Forte to accept with regret the resignation of Donald Ellis from the Water Commission.  Voted 5 – 0.

XII.    Executive Session – Chairman Jones announced that the Board would be going into Executive Session under item #3 litigation and union negotiations.  

MOTION by Kuchinski, second by Gallivan to go into executive session under Item #3.  Roll Call Kuchinski aye, Gallivan aye, Jones aye, Forte aye and McSweeney aye.  Vote 5 – 0.

Mr. Forte announced that he would not be participating in Executive Session and he left the room.

10:30 p.m.      Brief Recess

11:12 p.m.      Back in open session – Mr. Forte returned to the meeting– Mr. Jones announced that three votes were taken in executive session. One vote to deny a grievance filed by a clerical union employee regarding a day off on the 4th of July.  The Board voted to grant two days off and a gift certificate (at no cost to the Town) to two clerical staff members in the Treasurer/Collector’s office.  The third vote was to authorize the Chairman to write a letter to the clerical union regarding insurance co-pay reimbursements.

MOTION by McSweeney, second by Gallivan to adjourn.  Voted 5 – 0.

                11:15 p.m. Meeting adjourned.