Hull Board of Selectmen
Minutes
October 2, 2001
The Hull Board of Selectmen meeting was called to order at 7:35pm on Tuesday evening, October 2, 2001 at the Hull Municipal Building, 253 Atlantic Avenue, Hull, Massachusetts.
Present: Timothy MacKenzie, Chairman; Joshua Cutler, Vice Chairman; John Reilly and Regina Burke, Members. Also present were Philip Lemnios, Town Manager, and James Lampke, Town Counsel.
Not Present: Thomas Burns, Clerk
7:30pm - OPEN FORUM
During the open forum, as no one attended for that purpose, Lemnios said he would take the opportunity to introduce a new employee, Eleanor McGonagle, whom he has employed on a shared employee with Hingham as a Human Resources person. Members welcomed her.
MINUTES
MOVED-Cutler: To accept the minutes of March 13, 2001 as written
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
MOVED-Cutler: To accept the minutes of August 21, 2001 as written
SECOND-Burke
VOTE: UNANIMOUS in Favor
NEW BUSINESS
MacKenzie told the members he thought it a good idea, due to the recent tragic circumstances, to fly American Flags on the 14 light poles between Revere Street to Kenberma, to fly from now until Veterans Day and from Memorial Day to the Fourth of July. Members agreed.
CORRESPONDENCE
Noted the resignation of Michael S. Nuesse as an alternate member of the Board of Appeals effective immediately.
Noted a memo from Chief Russo suggesting revisiting the Emergency Management Plan by holding a meeting on October 16th at 9:00am.
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Selectmen Minutes, 10/02/01
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Noted a letter from Stephen Goodyear asking Selectmen to plan or establish a roller-blade and skate board area for the children of Hull.
7:30pm - Towing Contract
Three towing contracts proposals were submitted to the Town Manager from his solicitation: Ken Brown of Ken's Towing; Fred Rust of Surfside Garage and Dennis Hollingshead of Harbor Auto & Marine.
Present for the discussion were the three applicants, and Frank McGee. Attorney, representing Rust and Brown. Also present was Chief of Police, Donald Brooker.
Discussions at previous meetings centered on the appointing authority. Reilly said that he believed it should be the Selectmen as there is no money involved in the contract.
Lampke opened the evening's discussion with an opinion, which was that in accordance with his research, Lemnios is the awarding authority. Lampke read from case law and statutes.
Lemnios told the Selectmen that he has no objection to the Board also approving his recommendation and that his inclination is to award the contract to Harbor auto Marine as the low bidder.
McGee reminded the members that they had voted to create a subcommittee and that his clients would be invited to that meeting.
Cutler remarked that Harbor Auto was the low bidder and given equal capabilities that he felt that company should be awarded the contract.
Brooker gave his approval to all three and said that each was responsible. Since both Rust and Brown have been serving the Town's towing needs for a long time. He said. He is familiar with their operation, but needed to and did inspect Harbor Marine and found the establishment well-equipped and suitable.
Commenting from the audience was Leonard Hersch, who disagreed with Lampke's opinion on the appointing authority; and Neil Kane, Attorney, who suggested looking at capabilities as well as low bid.
Cutler commented that the three bids differed significantly from the high of $65.00 up to ten miles to $55.00 to the low of $49.50. There were also different policies and rates for storage.
Hollingshead, who towed for AAA for five years, in answer to a question, told the Member that the charge for AAA was $22.50, and sometimes as low as $13.00.
Selectmen Minutes, 10/02/01
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Cutler said that it comes down to $49.50 vs $65,00 and made a motion:
MOVED-Cutler: To approve the Harbor Auto Marine effective in thirty days for a term of 3 years.
SECOND-Burke
McGee questioned voting a contract while the Board still had an existing subcommittee.
MOTION WAS WITHDRAWN
MOVED-Cutler To dissolve the subcommittee that was established
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
MOVED-Cutler: To approve the towing contract for Harbor Auto & Marine to begin thirty days from today for a term of three years.
SECOND-Burke
VOTE: Three in Favor; One Abstention(Reilly)
Motion Passes.
McGee said that 15 years ago Brown filed an objection and took the contract away from Rust. According to McGee the two ended up sharing the towing, he said.
The Board then recessed at 8:51pm and returned at 9:05pm.
Town Manager
Lemnios requested the approval of the Selectmen of the Police Mutual Aid Agreement between Hull and Hingham. He said Hingham has already signed the agreement.
MOVED-Reilly: To approve the Police Mutual Aid Agreement with Hingham dated september 26, 2001.
SECOND-Cutler
VOTE: UNANIMOUS in Favor.
8:30pm - David Beck
David Beck was present as an applicant for appointment to the position of Assistant Assessor. Also present was Neil Kane, Attorney, representing Beck.
Lemnios informed the Selectmen that the position of Assistant Assessor is currently vacant and that Beck served in that position for 11 years until July 10, 2001, but has resolved his difficulties. He said he is appointing Beck to the position for ninety days.
Selectmen Minutes, 10/02/01
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Lemnios requested the Selectmen to waive the Board's right to reject the appointment as the justice system has spoken.
Beck told the Board that he just wants to go back to work.
Cutler asked for a response to the thought that because of the nature of his position he goes into homes and people could have concerns, rational or irrational.
Beck responded that he had just hired a data collector and is hiring a second. He said they need training and experience, so he will be accompanied and use the visit as a training opportunity, if that became an issue.
MOVED-Burke: To waive the fifteen day review for the Assistant Assessor position.
SECOND-Reilly
MacKenzie raised the issue of a letter of complaint against Beck in his packet. Reilly objected
Reilly objected by saying the complaint is not a new one and that the matter was addressed previously.
MacKenzie made a statement of disclosure that he is employed as headmaster of the Charter Secondary School which Mr. Beck's wife has a lawsuit against, but that he can be impartial.
VOTE: Three in Favor; One Nay (MacKenzie)
Noted a letter from Senator Bob Hedlund that the Spring St. and Main St. project is about to commence.
MOVED-Burke: To go into executive session to discuss strategy in litigation and disposition of real property and not to reopen in open session.
SECOND-MacKenzie
ROLL CALL VOTE: Aye, MacKenzie; Aye; Cutler; Aye, Burke; Aye, Reilly.
The Board moved into executive session at 9:23pm and thereafter adjourned.
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