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Selectmen's Minutes 04/27/04


Selectmen’s Meeting Minutes
April 27, 2004

Present:  Catherine Kuchinski, Mark Gallivan, Peter Jones, Robert Forte,  Jesse McSweeney.  Also present Acting Executive Secretary Meredith Marini.

7:35 p.m.       Chairman Jones called the meeting to order and read the announcements and upcoming meeting schedule.

I.      Executive Session of April 20thMr. Gallivan explained the process of the interviews conducted and subsequent Executive Session held during the meeting of April 20th. He explained that the Board had not formally discussed the possibility of changing the position to Town Administrator. He indicated that the Board went into executive session to discuss possible contract strategies of hiring one of the two candidates for a one year contract.  The first duties of the Executive Secretary would be to facilitate upgrading the position to Town Administrator.  Executive session was use to negotiate a potential one year contract with one of the candidates.  There was support for both candidates.  Had the first candidate rejected the offer of a one year contract, Mr. Gallivan would have reported back to the Board to discuss offering it to the second candidate.  Announcing such vote could have had an adverse effect on the outcome.  Mr. Finglas was the Board’s first choice and Mr. Gallivan was authorized to see if Mr. Finglas would be supportive of a one-year contract.  

Mr. Gallivan indicated that there was also support for Mr. McCue and both were excellent candidates.  However, Mr. Finglas’ 20 years of experience was a key factor in the Board’s decision.  Mr. Gallivan apologized to members of the public who felt they did not get to hear the process.  

Mr. Gallivan Moved the Board’s hold a confirmatory vote to offer Michael Finglas the Executive Secretary’s position for one year at the current salary, second by Forte.  Voted 3 – 1 (McSweeney) – 1 (Jones)

Mr. Gallivan indicated that Mr. Finglas will start as soon as possible.

II.     Flammable Liquid Storage Revocation – Chief Hoyt was present to discuss the revocation of a flammable liquid storage permit located at Mangano’s Garage  
751 Main Street.

MOTION by Forte, second by McSweeney to open the hearing in accordance with
MGL. 148, Sec. 13.  Voted 5 – 0.

There were no representatives from the Mangano estate.  Chief Hoyt informed the Board that the tanks were removed in May 2002.  The estate did not fulfill the obligations of the license.  DEP had to be prosecute the owners in order to get the tanks removed.  DEP has now taken control of the property and will hire its own contractor to cleanup the property.  Chief Hoyt explained that the license will run with the property in perpetuity unless it is revoked by the issuing authority.  

MOTION by McSweeney, second by Gallivan to revoke the flammable liquid storage license issued to Mangano 751 Main Street in accordance with MGL 148, Sec. 13.  Voted 5 – 0.

MOTION by Gallivan, second by Forte to close the hearing.  Voted 5 – 0.

III.    Flammable Liquid Storage Revocation –Revocation of a flammable liquid storage permit held by SMJ Cranberry located at Cranberry Airport 779 Rear Monponsett Street.  

MOTION by Forte, second by Gallivan to open the hearing in accordance with MGL 148, Sec. 13.  Voted 5 – 0.

There were no representatives from SMJ Cranberry in attendance.  Chief Hoyt informed the Board that the tanks were removed from the site in May 2000.   He recommended revocation of the license.

MOTION by Forte second by Gallivan to revoke the flammable liquid storage license issued to SMJ Cranberry 779 Rear Monponsett Street in accordance with MGL 148,   Sec. 13.
 Voted 5 – 0.

MOTION by McSweeney, second by Gallivan to close the hearing.  Voted 5 – 0.

Chief Hoyt reminded residents that Open Burning ends on Friday, April 30, 2004 at  
4:00 p.m.  He also informed the Board that there were 50 more permits issued this year over last year.

IV.     One Day Liquor License – Professional Bartending requested a one day liquor license at Camp Kiwanee on Saturday, May 8th from 7:00 p.m. to 12:00 a.m. for a comedy night.

MOTION by McSweeney, second by Kuchinski to issue a one-day liquor license to Professional Bartending on Saturday, May 8th from 7:00 p.m. to 12:00 a.m.  Voted 5 – 0.

V.      Class II License Renewal – Devlin’s Automotive 203 Liberty Street – Mr. Gallivan requested the license be tabled for further information from the Building Inspector.  He believed there were more than 4 vehicles for sale on the property.  

Committee Reports – Street Safety – Mr. McSweeney indicated that the Committee met with Ken Marsten about the potential of a second entrance into the train station.  A meeting has been set for May 17th.  The committee is gathering information regarding a traffic count and wetlands delineation.  The committee is also investigating complaints of student parking on Catherine Road.  The residents will be invited to the next committee meeting.  Union neg. – Mr. Forte is working on Police union negotiations.  CATV – Ms. Kuchinski indicated the committee will be meeting on Wednesday, April 28th.

VI.     Executive Secretary’s Report – Mrs. Marini indicated that the Town has received a grant application for Homeland Security.  Chiefs Savage and Hoyt will be completing the application.  Notification has been send from the County Commissioners regarding the Plymouth County Health Claims Trust as well as information on the new health insurance rates.  The information has been forwarded to the unions.  The meeting is scheduled for Tuesday, May 11th at 6:00 p.m. at the Plymouth District Court.  Attorney Cohen, counsel for the Town’s insurance carrier, has filed an answer on the Town’s behalf regarding the Farrell v. Board of Health matter.  Chief Hoyt sent letters of thanks and commendation to the Water Department and Communication Center Operators during the Plymouth County Hospital fire.  Chief Savage sent a letter of commendation on behalf of Patrolman Dan Godwin for attentiveness and calling in the fire.  The Kingston v. DEP matter is scheduled for hearing on May 25th.  Attorney McGregor will be representing the town.  MEMA has send a complimentary issue of Jane Citizen’s Safety Guide.  The booklet discusses emergency preparedness and procedures.  Shaw’s will be hosting a Brownsfield seminar on Thursday, May 13th in Stoughton.  

Mrs. McCormack wishes to attend the MGFOA meeting in Boylston on Friday, May 14th, which would require her office to be closed.  The Board recommended that the assistant treasurer attend the meeting.  She will be compensated at time and one half or receive a day off.  

Mrs. Marini informed the Board that the insurance renewals are coming up.  Pat Bezanson of Hannon Ryan indicated that premiums are expected to increase by 30%.  Mrs. Bezanson recommended increasing the deductible from $5,000 to $10,000 as there have been several professional liability cases over the past few years.  She also recommended increasing the amount of coverage on Camp Kiwanee, which is currently insured for $950,000 for the entire facility.  

Review Town Meeting Articles – The Finance Committee was present to discuss Town Meeting Articles.  

Articles 4 & 5 – Firefighters contract - Fin Com inquired about the articles.  The Board explained that Article 4 funds the retroactive pay for the Fire Fighters for the first year of the contract. Article 5 funds the retroactive pay and the remainder of FY05.

Article 6 – Fire Fighter’s co-pay – Mr. Jones indicated that Article 6 is separate from articles 4 and 5.  The co-pay matter was a settlement with the union to pay the difference between the current co-pay and the former co-pay.  

Article 10 – Funding for paving of private ways – Mrs. Marini informed the Boards that according to the general by-laws, this article should have been posted in the special.  She recommended passing over the article.

MOTION by  McSweeney, second by Gallivan to pass over article 10. Voted 5 – 0.

Article 33 – Funding of engineering for Holmes Terrace.  The Board and Fin. Com. discussed the issue of taking money from stabilization.  Ms. Kuchinski indicated that she has explained to the proponent the process of how a street is accepted.  She does not recommend using Town funds to pay for work on private roads.

MOTION  by Kuchinski, second by Gallivan NOT to recommend this articles.  
Voted 4 – 1 (Forte)

Article 42 – Roller Coaster Road – Mrs. Marini explained that this is a housekeeping article.  Town meeting previously approved the taking but all the necessary documentation had not been recorded.

Article 44 – Plymouth County Hospital easement – Mr. Gallivan explained that this is also a housekeeping article.  When the County owned the property there was an easement on High Street which was used as a second entrance.  However, when the Town purchased the property the easement was essentially extinguished.  This article recreates the easement.

MOTION by  Kuchinski second by Gallivan to recommend article 44.  Voted 5 – 0.

Annual Town Meeting – The Board and Finance Committee discussed taking funds from Stabilization for Capital Improvement items.  Fin. Com. recommended using the funds as there have been several capital improvement matter put off for years which now need to be addressed.

Article 21 – Septic at Plymouth County Hospital – The Board explained that these funds will be used to install new systems for the BCI building and superintendents building once Baran starts the project.  Ms. Kuchinski wanted it noted that Baran was to pay for the systems.

9:10 p.m. – Finance Committee left.

Executive Session – Mr. Jones announced that the Board would be going into Executive Session under items #6 purchase or transfer of real estate and Item #3 contract negotiations with non-union and union personnel..

MOTION by McSweeney, second by Forte to go into Executive Session under items 3 and 6.  Roll Call – Kuchinski aye, Gallivan aye, Jones aye, Forte aye and McSweeney aye.  Vote 5 – 0.

9:14 p.m. Brief recess.

10:39 p.m. Returned to open session – Mr. Jones announced two votes were taken. He also noted that Mr. McSweeney left during Executive Session.

MOTION by Forte, second by Gallivan to adjourn.  Voted 4 – 0.

                        10:40 p.m. Meeting Adjourned.