Hull Board of Selectmen
Minutes
August 2, 2005
The meeting of the Hull Board of Selectmen was called to order at 7:40 pm on Tuesday evening, August 2, 2005 at the Hull Municipal Building, 253 Atlantic Avenue, Hull, Massachusetts.
Present: Christopher Olivieri, Chairman; Joan Meschino, Vice Chairman; Ronald Davy, Clerk; John Reilly and John Silva, Members. Also present were: Christopher McCabe, Town Manager and James Lampke, Town Counsel.
The Chairman held a moment of silence on the passing of Vincent Cogliano, a long-time Hull Resident who operated a well-known plumbing business in Hull.
Selectmen John Silva announced that he has $359.56 left in his campaign fund and wishes to donate to the Hull Police Department Canine Unit.
Officer Jon Mahoney, who works with the dog, Bac, a German Shepard, described the success of the canine stating within the first four hours of being deployed they had their first arrest and within ten weeks have made 13 arrests.
Silva spoke about the retired Director of Public Works, Matthey J. Muncy, (Matty) who recently passed away as being a hands-on Department Head, often doing the hard labor himself.
Moved-Silva: To dedicate the Public Works Garage in honor of Matthew Muncy
Second-Reilly
Vote: Unanimous in favor
7:30 pm Public Hearing – re: transfer and pledge of All Alcoholic Package Store License from V. V. G., Inc. dba West Corner Liquors, Rosina Gratta, Manager to Porta bella Beverage, Inc. dba West Corner Liquors, Robert Hebert, Manager, 18 Nantasket Avenue
The Chairman called the Public Hearing to order and swore in the witnesses. Following a presentation by Robert Hebert of his credentials and experience; a satisfactory report from Police Chief Billings; and no one speaking in opposition a notion was offered:
Moved-Reilly: To approve the transfer of the All Alcoholic Package Store License to Porta Bella Beverage, Inc. Robert Hebert, Mgr. and to approve the pledge of the license as requested.
Second Silva
Vote: Unanimous in favor
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Selectmen Minutes, 8/02/05
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7:45 pm – Mary Jean Shultz – re: Hull Community Mediation
Pam Wolfe, Rhoda Kanet and Jill Lofchie appeared before the board to introduce Mary Jean Shultz, the new coordinator for the Hull Community Mediation Program, an off-shoot of the No Place for Hate Committee. The program is designed for helping persons mediate non-criminal problems. Shultz said they have received a small grant and have used and are using trained mediators in the hopes of working out various disputes such as neighborhood, landlord/tenant, and they intend to have an outreach program at the schools for students. The Board expressed support for the program.
8:00 pm School Building Committee
Members of the School Building Committee, Charles Ryder, Pat Finn, Kevin Richardson, Selectmen John Reilly, Selectmen John Silva, School Committee member Catherine Bowes, Christopher McCabe, Town Manager, and Jim Tobin, Alternate, were present to discuss the general contractor. Olivieiri noted that a quorum of the School Building Committee was present and the Committee was called to order.
Reilly explained that there have been difficulties with the contractor and the Committee is left with no alternative but to make a decision of whether to terminate the contractor.
Town Counsel spoke about following every procedure and said that he believes the Town is in compliance. He also said that a large sum of money has been held back from the contractor for items not performed or not adequately performed and that are a material and significant breach of contract.
Reilly said that Robert Garrity, an Attorney specializing in construction contact law, had been hired to advise the Committee. Silva said that Garrity is an acknowledged expert and has done an excellent job.
Olivieri read a letter sent to Robert Barton, Vice President, Jackson Construction and to Gordon Patterson of the Bonding Company containing a punch list of the items.
School Building Committee Meeting
Moved-Patrick Finn: That the School Building Committee vote to terminate the construction contract for the Hull High School between Jackson Construction Company and the Town of Hull for cause, pursuant to the provisions of Article 8 paragraphs 1 and 5 of the construction
contract and all other legal rights and remedies of the Town.
Second-Charles Ryder
Roll Call Vote: Aye, Ryder; aye, Finn; aye, Bowes; aye, McCabe
Selectmen Minutes, 8/02/05
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Moved-Ryder: That the School Building Committee authorizes the Chairman and Town Manager to send a letter of contract termination as approved by counsel to Jackson Construction Company.
Second-Bowes
Roll Call Vote: Aye, Reilly; aye, Ryder; aye, Finn; aye, Bowes; aye, McCabe
Moved-Silva: The Board of Selectmen votes to terminate the construction contract for Hull High School between Jackson Construction Company and the Town of Hull for cause, pursuant to the provisions of Article 8 paragraphs 1 and 5 of the construction contract and all other legal rights and remedies of the Town. And that the Board of Selectmen authorizes the
Chairman of the School Committee and Town Manager to send a letter of contract termination as approved by counsel to Jackson Construction Company.
Second-Davy:
Roll Call Vote: Aye, Silva; aye, Meschino; aye, Olivieri; aye, Davy; aye, Reilly
Moved-Silva: That the Board of Selectmen votes to direct Jackson Construction Company’s surety, United States Fidelity and Guaranty Co. (“USF&G”) to complete the construction contract for the Hull High School Project, in accordance with the provisions of the performance bond and the provisions of the contract and all other legal
rights and remedies of the Town. And that the Board of Selectmen authorizes the Chairman of the School Building Committee and Town Manager to send a letter as approved by counsel directing USF&G to complete the contract.
Second-Meschino
Roll Call Vote: Aye, Olivieri; aye, Meschino; aye, Silva; aye, Davy; aye Reilly. The School Building Committee adjourned its meeting at 8:32 pm and the Board recessed and returned to open session at 8:43 pm.
8:15 pm Patrice J. Twigg – Applicant for Housing Authority (Postponed)
8:25 pm Tahnya Chirillo DiCroce
Paul Daily, Executive Director, was present for the interview to fill the vacancy cue to the passing of Karen Petrillo.
Tahnya Chirillo listed her experience and the reasons she felt her services would be useful to the Housing Authority.
Reilly noted that one of the applicants had asked for a postponement and the applicant is usually afforded that courtesy. For that reason, Reilly said, the appointment would be delayed for two weeks.
8:35 pm Barbara Sheehan-Applicant housing Authority (Withdrawn) and
9:00 pm Bartley Kelly re- Parking issues (Cancelled)
Selectmen Minutes, 8/02/05
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OLD BUSINESS
Goals Action Plan
Davy asked about the Goals Action Plan to establish five goals to be achieved during the first year. The Town Manager was to develop an action plan but needs help from several Boards and Committees. The first, Natural Resources need the support of the Beautification Committee, Conservation Commission, Harbor Committee, Water Resource Committee, Straits Pond Watershed Committee and the Town Manger needs input. Capital Improvement needs the support of the Advisory Board, and Communications needs support from the Cable Commission.
The Chairman of the Board of Selectmen will send a letter to the Council on Aging to seek its support. Improve Town Government need support from the Board of Appeals, Park and Recreation Commission and Design Review Board.
Evaluation
Meschino presented a written process for the Members to read for the upcoming evaluation of the Town Manager. She cited one requirement that only Selectmen who had been on the Board for at least one year would vote.
Silva moved to take it under advisement and took exception to the one year stipulation on voting.
Olivieri said the process needs to be taken seriously and needs to be fair and said it would be placed on the agenda of the next meeting.
TOWN MANAGER
Hull Medical Center
McCabe said the acceptance of the gift of the Hull Medical Center to the Town was adopted by Town Meeting.
Town Manager said a committee was formed as recommended but that it never met due to problems. Nothing has been done and asked that the Board authorize Town Counsel and Town Manager to prepare an action plan.
Silva asked if another Committee should be formed and authorized to work with the Board of Directors. The Finance Committee has very strong feelings about the acceptance of the gift.
Moved-Reilly Town Manager and Town Counsel and a Member of the Board of Selectmen should work on the issue and report back as soon as possible.
Substitute Motion-Davy: Town Counsel and Town Manager should investigate working with the Advisory Board and report back to the Board with recommendations.
No second
Selectmen Minutes, 8/02/05
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Lampke advised relative to his connection to the Medical Center by stating that his wife is a part-time Medical Secretary, and there is no connection.
Moved-Davy: To enter into negotiations with the Advisory Board as well as Town Counsel and Town Manager and present a monthly progress report.
No Second
Amended Motion-Reilly: To approve the recommendation of Town Manager that he and Town Counsel will meet with the Advisory Board and others to present a progress report monthly.
Second-Meschino
Vote: Unanimous in favor
Moved-Olivieri: To appoint Reilly to represent the Board
Second-Meschino, and amended the motion to appoint Silva as an alternate
Vote: Unanimous in favor
767 Nantasket Avenue
McCabe reported on the property at 767 Nantasket Avenue (at the corner of N Street and Nantasket Avenue) and requested the matter be discussed in executive session.
CORRESPONDENCE
McCabe said the problem addressed by Barbara Ferguson on the loss of a handicap parking space at Main Street has been adequately addressed.
Noted a letter from Peter Seitz, Library Trustee, in regard to the use of 767 Nantasket Avenue as a site for a new library.
Olivieri asked that the Police Chief look for additional parking at L Street.
Moved-Reilly: To go into executive session to discuss sale, lease and disposition of real property and strategy in litigation and to not return to open session.
Second-Meschino
Roll Call Vote: Aye, Meschino; aye, Silva; aye, Olivieri; aye, Davy; aye, Reilly.
The Board moved into executive session at 10:00 pm and thereafter adjourned.
November 1, 2005
APPROVED
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