Selectmen’s Meeting Minutes
August 10, 2004
Present: Mark Gallivan, Catherine Kuchinski, Jesse McSweeney and Rebecca Coletta. (Robert Forte Absent) Also present Executive Secretary Michael Finglas and executive assistant Meredith Marini.
7:35 p.m. Chairman Kuchinski called the meeting to order and lead the Pledge of Allegiance.
Item I Change of Manager – Matilda’s dba – J.J.’s Pub – Matilda’s has requested the Board approve the change of Manager from Patricia Harrison to Phyllis Rhoads. Chairman Kuchinski welcomed Mrs. Rhoads. The office received a fax from Barbara Henry the sole stockholder requesting the change. Ms. Henry was unable to attend as she was in Florida. Mrs. Rhoads has previously acted at the manager and has been with the establishment for almost 30 years.
MOTION by Gallivan, second by McSweeney to approve the change of manager to Phyllis Rhoads. Voted 4 – 0
Item II Old Business Status Maquan School Playground – Erin Fox was present to update the Board on the status of the Playground. Mrs. Fox indicated that T&K Sealing will be donating labor and materials to repave the rear of the Maquan School for a play area. She provided the Board with a letter from Parks & Fields recommending the LZ Thomas School as a location for the community playground. The Board discussed other locations as well as the LZ Thomas School. Mrs. Fox pointed out that the LZ Thomas School location is clearly visible, currently has parking accommodations and will not require any site work. The matter was tabled
until August 24th for suggestion on other locations. Mrs. Fox indicated that if a town-wide location is not available, then the playground at the Maquan School will be much larger. She cautioned that when school is in session, the public does not have access to the playground facility.
Chairman Kuchinski read the upcoming meeting schedules and announcements.
Item III Executive Secretary’s Report – Mr. Finglas informed the Board that the policies will be codified and presented to the Board in the Fall. He indicated that he will presenting the Board with a policy authorizing the Executive Secretary to sign weekly payroll & expenses warrants and selectmen’s bills. Mr. Finglas pointed out that by authorizing him to sign the warrants, the Board members would not be required to come in on off meeting nights. The Board discussed the matter. Chairman Kuchinski was not in favor of the policy and felt the Board members should be coming to Town Hall. Mr. Gallivan and Mrs. Coletta were in favor of the policy. The Board requested that written monthly reports be submitted
for the members to review. Mr. Finglas to draft a policy for the Board’s review. The matter was tabled until August 24th . Mr. Finglas informed the Board that the Assistant Town Clerk Beth Sloan graduated from her three-year program for Municipal Clerks at Salve Regina. Mr. Finglas informed the Board that he will be preparing articles for the October Special Town Meeting to accept the Procurement Laws, Chapter 30B. He met with new labor counsel, Leo Peloquin and reviewed the current pending contracts. Chairman Kuchinski requested a letter of thanks be sent to Earl Wilson.
MOTION by Gallivan, second McSweeney to send a letter of appreciation to Earl Wilson. Voted 4 – 0
Mr. Finglas informed the Board that the signage for Catherine Road has arrived and the Highway Surveyor will have them erected before the start of school. Roller Coaster Road will be put out to bid shortly and Chapter 90 funds will be used to pay for the project. Mr. Finglas gave the Board an update on the cemeteries in Town. The Assessor’s office has provided him with information on locations. Mr. Finglas recommended that the cemetery commissioners and the historical commission work together to update the cemeteries. He recommended the cemeteries be surveyed and staked. Mrs. Coletta inquired about the bound on Ocean Avenue. Mr. Finglas informed her that he spoke with Ralph Hayward, Halifax’s highway surveyor and he will be moving the bound to its proper location.
Item IV – Old business - Discuss Government Study Committee – Mr. Gallivan reviewed the process and the Board discussed the composition of the committee. He recommended the new committee review the previous government study committee report. The committee will report to the Board of Selectmen and any report must be filed with the Town Clerk. Residents interested in serving on the committee can pick up applications as well as the previous government study report at the Selectmen’s Office. The matter was tabled until August 24th for the composition of the committee.
Item V Appointments & Resignation – The Town Clerk requested the Board appoint the following as election Worker with terms to expire August 1, 2005. Ernest Amado, Dana Billings, Elizabeth Botieri, Marion Elms, Kathleen Ferrara, Mary Foley, Nancy Gaffey, Diane Hillstrom, Barbara Larsen, Mary Lyon, Faith Mosher, Audrey O’Brien, Marilyn Pendleton, Lynda Pepe, Priscilla Pratt, Claire Riddle, Bill Strait, Elaine Trudeau, Rachel Walsh, Alice Wildes, James Wildes and Enid Winchester.
MOTION by McSweeney, second by Gallivan to appoint the election workers as read. Voted 4 – 0
Item VII Minutes – Board to approve the minutes of July 13th Reg. & Executive Session and the regular session minutes of July 20th and July 27th .
MOTION by Gallivan, second by Coletta to approve the Regular and Executive Session minutes of July 13, 2004. Voted 3 – 0 – 1 (McSweeney)
MOTION by Gallivan, second by Colette to approve the Regular session minutes of July 20, 2004 and July 27, 2004. Voted 3 – 0 – 1 (Kuchinski)
Item VIII Financial Warrants – MOTION by Gallivan, second by McSweeney to sign financial expense warrants 7, 7A & 7B and payroll warrant 7. Voted 4 – 0
Item IX BAN from Treasurer/Collector – Treasurer/Collector Jean Sullivan provided to Board with BANS to be signed for the Septic Loan program.
MOTION by Coletta, second by McSweeney that the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $400,000 (the “Bonds”) pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed May 3, 2004 (Article 28), for a community septic management loan program (the “Project”);
(2) That in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the “Notes”) from time to time in an aggregate principal amount not to exceed $400,000.
(3) That each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;
(4) That the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Loan Agreement or Agreements with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds or Notes;
(5) That all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and
(6) That the Treasurer and other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreements and the Project Approval Certificate and Regulatory Agreements relating to the Project.
Item X Committee Reports – Emergency Communication Committee – Chairman Kuchinski indicated that the Emergency Communication Committee will be interviewing candidates for part-time dispatchers on August 18, 2004. Monponsett Pond Committee – Mr. McSweeney indicated that a meeting was scheduled for August 12th to discuss issues relative to Monponsett Pond. All the Town Departments and committees have been invited. CATV – The Cable Committee will be meeting with Comcast on August 19th.
Item XI Executive Session – Chairman Kuchinski indicated that the Board would be going into Executive Session under Exemption 3 & 6. Mr. McSweeney indicated he would not be participating in Executive Session.
MOTION by Gallivan, second by Coletta that the Board enter into executive session for the purpose of discussing strategy with respect to imminent litigation relating to the default of Arbor House, LLC, in its contractual obligations to the Town and for the further purpose of considering the acquisition of real property, in that discussion of such matters in open session may have a detrimental effect on the litigating or negotiating position of the Town, and that the meeting will not reconvene in open session. Roll Call – Kuchinski aye, Gallivan aye, Coletta aye, McSweeney abstain. Voted 3 – 0 – 1 (McSweeney).
9:09 p.m. – Brief Recess
10:43 p.m. Back in Open session – No votes taken.
Adjournment
MOTION by Gallivan, second by Coletta to adjourn. Voted 3 – 0.
Meeting adjourned 10:44 p.m.
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