Back to Board of Selectmen Meeting Minutes
July 14, 2009
Regular Session 6:00 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
Ms. Burns said the Moderator had indicated that he would be willing to accept a motion to separate the first article of the warrant for the Special Town Meeting into two distinct articles. The Board agreed to discuss this further after the discussion of the insurance bids.
Insurance Bids – Property and Casualty
The Board reviewed the four insurance options outlined at the end of the last meeting:
1. accept Mr. Paicos’ recommendation for awarding the bid
2. hire an independent consultant to review the bids and to make a recommendation on whether to accept one or to rebid. The estimated cost of this option would be approximately $5,000, plus premium for renewing the existing policy for only thirty days rather than a year.
3. rebid property and casualty insurance in a fuller way
4. buy a one year policy and hire an independent contractor to do a full review during that year.
Mr. Rabuffo reported that he had contacted Mr. Edmundson regarding the insurance. Mr. Edmundson said there are consultants that do just this type of analysis. In about four hours they could get a brief overview of where we are. The hourly rate would be $325 for one and $230 per hour for a second. In either case, they would make a recommendation.
Mr. Paicos said that because of the changes in the situation he would like to change his recommendation. He suggested that the Board award the contract and then bring in one of the consultants. He recommended awarding it to the present common carrier for the coming year and that would allow sufficient time to analyze the situation and give the Board a high level of confidence in awarding a bid next year.
Mr. Riley said he was leaning toward extending with our current supplier because he does not know enough about the bids received. He noted that he does know that it is necessary to dig deep into the coverage to determine exactly what is covered by the umbrella, etc. He said that he appreciated the effort Mr. Paicos has put forth and is agreeable to the recommendation to review this next year with a more comprehensive approach. Mr. Rabuffo said that he, too, had been uncomfortable and is glad that the recommendation to continue with the present carrier has been made. Ms. Burns noted that the Board of Selectmen has not acted as the awarding authority for this coverage and they need time to grow into this role.
The one question is the Fire employees’ AD&D policy. This was allowed to be a pull out. MEGA did not have the payroll indemnity coverage. Gaudette was the best quote for the full coverage. By virtue of the bid process the town saves over $80,000 compared to 2009. Mr. Paicos said that whatever happens with the bid process the Town will get good competition next year. The bids are below the current budget with the current carrier. He remarked that if a full review could be done for $15,000 or $20,000 it will be recovered in insurance savings.
Mr. Paicos recognized Bruce Minivetz for all the effort he put forth.
Voted - to accept the bid from the current insurance carrier for insurance for the coming year in the amount of $374,814 with the exception of the fire and police AD&D which may be addressed at a later date but otherwise will be placed with the current AD &D carrier for $68,340.
Code of Conduct
Mr. Rabuffo said that the issue he would like to raise is 2. D. He said in the liaison role it is difficult to
do everything through the Town Administrator. The Administrator serves as a manager and handles things in that manner. Mr. Rabuffo would like to modify this section in a way that would allow him to get information that he does not have. He said the issue is a Board member should be able to ask a staff member/department head to develop information. Mr. Rabuffo feels that this, as written, ties his hands. Ms. Burns said there is a chain of command. Mr. Paicos remarked that the Town has a very decentralized system. He said if the Board creates a policy it is not comfortable with, it is a problem. Mr. Paicos said that if the Board creates a typical business model it will have essentially adopted a charter form of town administrator without talking about that with the public. Mr. Rabuffo said he feels the Board needs to be cautious about giving the Town Administrator too much authority. He said the Chief Financial Officer sometimes has the right to go to the Board and has the right to blow the whistle. He commented that there should be that kind of freedom and it is ok for that to happen.
Ms. Burns said that in her view the next thing that would happen is that the two employees, CFO and Town Administrator, would sit down with the Board. Mr. Paicos said he did not think there should be a policy that would preclude a CFO from going to the Board if there is a suspicion of dishonesty. However, there will be differences of opinion and if the Board wants all of those to go directly to them then there is need to create a system. If the Administrator asks for opinion from everyone, at the end of the day it is the recommendation from the Administrator that goes to the Board.
Mr. Paicos said that just because this code of conduct reflects a previous Board’s way of doing things does not mean that present Board has to pass this. He said that irrespective of all good management practices at the end of the day the Board has to make this work for them. Ms. Burns said if department heads are welcome to bring concerns directly to the board, she would like to see it codified that the very next step is a trip to the Town Administrator’s office. Mr. Paicos cautioned that the Board needs to be sensitive to one legal issue - individual selectmen do not exercise authority, only the Board can exercise authority. The Administrator’s role is to advise the Board and then to let the members deliberate and make a decision. The Administrator helps the Board to execute that decision. So the next step after the Town Administrator’s office it is to the full board.
Mr. Riley said that clearly the Board is not ready to vote. This attempts to create a situation where three different selectmen are giving instruction. Another concern is the possibility of filtering information through the eyes of one person. Ms. Burns will try to address these concerns in the document.
Town Administrator’s Goals
Mr. Paicos said that this is a living document. He suggested putting this on a workshop agenda. Mr. Rabuffo said that due dates are important to him. Mr. Paicos is hoping to have this complete by the end of July.
Voted - to waive the demolition and building fees for the renovation of Sanborn Auditorium.
Special Town Meeting Articles
Ms. Burns opened the discussion of the warrant articles for the August 3 Special Town Meeting.
She noted that the first article has two parts that are viewed as logically separable. Ms. Burns said the Board would be voting this evening on its recommendation. The Advisory Committee will be discussing the matter after this meeting.
Mr. Finney explained that Article 1 proposes to rename the school. In general terms, the feeling of the petitioners is that the process was flawed. The new school PTO requested that the new school be named East School on May 7; the next day the School Naming Committee voted to recommend the name “East School”. The second portion of that article would define a process for naming buildings. Mr. Finney said that the signers of the petition are requesting that Article 2 be withdrawn from the warrant. He said the petitioners have heard the message that this article could be viewed as being punitive to the School Committee.
The Board said the warrant has been signed and it is in the mail. Both articles will appear on the warrant.
Mr. Rabuffo said he would like to hear from the public. Mr. Riley concurred. Linda Hill said that East School was closed 25 years ago. When making a decision she felt that geographic identification was not necessary. Furthermore, she felt strongly that this was an extraordinary opportunity to name something after an extraordinary person. Ms. Hill said for some this may be about the process, for a lot of others it is truly about the name. Prior to the School Committee meeting the committee members were told that there was a petition and that it would go to Town Meeting if the School Committee did not change its decision. Ms. Hill said she voted not to reconsider after she listened to all the points being made. She urged no action on the article.
Beth Rockoff said she believes that no building should be named after a sitting employee of the Town because naming a building after a present employee is a conflict of interest. She said Dr. Galo had been asked to speak to this issue and she did not. Ms. Rockoff remarked that this has been a divisive process.
Kathy Joyce said that Dr. Galo chose not to speak and questioned Ms. Rockoff’s concern on this issue. Mary Power compared this issue to that of the subcommittee looking at extended day kindergarten. here was a committee to give a recommendation; that committee recommended extended day. In the final analysis, the School Committee chose not to recommend full day kindergarten. Ms. Power queried what would have happened if people chose to put a petition together. Would that issue have gone to a town meeting?
Jack Slater said he supported the naming of the school and was deeply concerned about the article to override the action of the School Committee. The action taken was within the authority and purview of that Committee. He said that this is a dangerous precedent. Mr. Toomey has said he believes the question is lawful for town meeting. The chair of the School Committee sought an opinion from the counsel for the Massachusetts Association of School Committees. That counsel felt that the action was not within the scope of the law. Mr. Slater said that putting aside whether the Town Meeting has the authority to take action, he would urge no action because the precedent set would be opposite to the governance of the town. This would allow people to feel free to circulate a petition to overturn School Committee action. The voters elect the School Committee to make decisions. The naming was voted at a duly called and posted meeting of the School Committee. He said that if the citizens of the town disagree with the way the members of the Committee do their job the appropriate place to deal with this should be at the ballot box.
Esther Healey commented that the town, at present, has no naming policy. In lieu of that the School Committee went back to previous situations and followed that process. She said she has yet to hear anyone, except one woman, say why they wanted East School. Ms. Healey said that in her opinion the Dorothy Galo School is the appropriate name for the school.
Edna English said that she was the chairman of the School Committee at the time East School was closed. It was a most difficult, emotionally draining and upsetting time. The decision to close was a reluctant and difficult choice. The School Committee kept facility alive with the Collaborative and then as a kindergarten and a library during the time while the library was being rebuilt. The East School has a presence in the community in the minds of many who have lived in town a long time. Ms. English said that when it comes to school policy matters, no one trumps the School Committee. When it comes to naming an all-town building it is an all-town matter. She suggested that the citizens should probably stay away from the emotion of the moment but stay with the principle. Ms. English went on to comment that she was chairman of the Board of Selectmen when a Special Town Meeting was called. She does not agree that this would set a precedent to be repeated over again.
Barbara Hood advised the Board that she grew up in town and values its tradition. When she attended Hingham High School the auditorium was named after Mr. Sanborn who was the first principal of Hingham High School. When this building became too small for the high school, this became the Junior High School. Then the Town bought the property at Union and Pleasant Streets from the Michelsons who wanted the building called Michelson High school. The town did not agree but said they would call the field Michelson Field. Ms. Hood said that to name this new school the Galo School would take away a piece of the history of the town. She felt it should be the East School with the library called Dorothy Galo library in keeping with Hingham’s history and traditions.
Mr. Rabuffo said that when the naming process was started Chairman Riley said he wanted to participate and that he would be the representative. Mr. Rabuffo reported that he concurred that the recognition of the Galo Library was a good recognition. He said has spoken to some municipal attorneys and they introduced him to C.71 of the Massachusetts General Laws which says “unless the town otherwise directs”. The Town meeting has the right to make the change. Clearly there is very little law on this but the intention of the legislature was for the School Committee and the Town to work together on this. The School Committee recommends the budget, the Town votes. This did not start about Dr. Galo’s qualifications. The controversy was not avoided. The citizens are going to Town Meeting because the law says they can. Mr. Rabuffo said he supports having the Town Meeting and nothing he has heard has made him think he should change my original position.
Mr. Riley advised that he was the Board’s representative on the naming committee. He said that his father was friendly with Dr. Galo’s father, her brother worked for Mr. Riley for 20 years. Mr. Riley said he attended the first meeting and felt that it was in a “no win” situation. There were only two names discussed – Mr. Foss or Dr. Galo. In naming the school for one or the other there would be no winner – it was too political. Mr. Riley said he consulted his colleagues and they were in agreement that East School was the name. Ms. Burns said it could be the New East School. Mr. Riley returned to the Naming Committee that. He said he sensed disappointment. It was his idea that the library could be named after Dr. Galo because it meant academic excellence. That was his recommendation and he sees no reason to change. He agrees with Mr. Rabuffo to support the new school being named the East School with the Dorothy Galo Library.
Ms. Burns said that she had virtually no preference as to what the school should be called and was prepared to be very happy with any of the three names suggested. Over a year ago she offered unsolicited advice to members of the School Committee; she suggested naming the school East to avoid a controversy which would likely erupt if they named it after someone. She said that she feels that if this were a plebiscite on naming the school, it would be fine to name it East now. But this is not a plebiscite on naming a school, it is renaming a school which already has been lawfully named. There is a right to call a town meeting, but Ms. Burns said she doesn’t think it is a good idea. It is not a good use of town resources. This does not show respect for the voters’ time or the institution of town meeting For people who are dissatisfied the recourse is the ballot box. Ms. Burns hoped that those who don’t like what School Committee is doing are willing to run for office, because there hasn’t been a race for School Committee in five years. The members of the School Committee are doing jobs no else wanted. Ms. Burns said she does not support overturning the action of the School Committee.
Voted - that the Board of Selectmen support Article 1a (naming) of the warrant for the Special Town Meeting. A majority vote, Ms. Burns opposed.
Article 1b
Mr. Finney explained that this section seeks to put limits on the School Committee’s authority to name buildings or space. The Town lacks a naming process for anything. Town Counsel has said the School Committee has acted within the scope of their authority, in the absence of a naming process. The School Committee has worked admirably to build and ultimately name the school. Mr. Rabuffo said his article does set a precedent for future naming of facilities. Mr. Slater agreed with Selectman Rabuffo that, if the town enacts a policy, then the phrase means the Town has the authority to set out a process. Linda Hill said that this should not be a punitive action but should be something that addresses the whole town. Linda Port urged no action noting that this is punitive and that the way in which this is drafted would freeze any naming until Town Meeting approval.
Mr. Rabuffo noted that Hingham is not the first community to grapple with this issue. There are a number of towns who have been down this road before. He said that he suspected this article may get modified at town meeting but he assumes that every town department will be covered. The idea is that Town Meeting would adopt a naming policy. He recommended going forward with the intent to develop a naming policy. Mr. Riley said that he saw this as a freeze in order to allow the Board of Selectmen to name a committee so that the Town doesn’t land up in the same place again. Ms. Burns agreed with Ms. Port saying she thought it wrong to single out the School Committee and that, in her opinion, people would like the naming policy to come to Town Meeting for discussion. For the foregoing reasons Ms. Burns said she would oppose article 1b.
Mr. Riley said he thought he had been put on the Naming Committee to name a school. He never thought the School Committee would go in the direction they did. Steve Nagle said the process was flawed. As a member of the School Committee it was his thought that he was to get input and make a decision based upon that input. Mr. Riley said that obviously there is a problem because there is no process. He said when he left the naming committee meeting he was under the impression that the recommendation would be made and the decision would be a week later, after discussion.
Paul Falvey commented that he felt voting in favor of Article 1b gives the impression that the School Committee did something wrong and they did not. He said the Committee did it legally.
Voted - that the Board of Selectmen support article 1B that the School Committee be prohibited from naming any buildings. A majority vote, Ms. Burns opposed.
Article 2. Mr. Finney indicated a desire to withdraw Article 2.
Voted - that the Board of Selectmen recommend no action on Article 2.
Health Insurance
Mr. Paicos advised that he and Ms. Foley were concerned with some of the actions of the Plymouth County Group. The Joint Purchase Group used the Medicare Reimbursement to lower the working rates for active employees. In a meeting with Mr. Sharry, the consultant for the group, it was his recommendation to not subsidize the rates. The County Group did it anyway. Mr. Paicos explained that the County Group then offered a value plan in order to get ahead of pending legislation that would require towns have plans at least as good as the GIC. The HMOs the County currently has are better than the GIC’s so it was not necessary to offer a value plan.
Mr. Paicos advised that he had worked with EBS Foran and he requested a pro bono analysis of our claims because he has had success in forming smaller groups as subsets of the larger group. Mr. Byrnes said that for the past five years he has been working with a small group. The Board explored the possibility of considering forming a new joint purchasing group.
Selectmen Reports
Mr. Rabuffo said that he met with Joel Sklar and Leslie Cohen about the Shipyard development and they indicated they hoped to be at 75% of retail sold by next April. Mr. Rabuffo also reported that five responses had been received in response to the Audit Committee RFP and that there should be a list of three finalists soon. The fields group is talking about having the Recreation Commission schedule the playing fields.
Ms. Burns noted that the Board is behind in making appointments to committees. The Board discussed when committee terms expire.
Voted - terms of appointments begin on July 1 of the initial year and end on June 30 of the final year of appointment.
Voted - to appoint Ted Matthews for a three year term and Skip Roper to fill an unexpired term as members of the Bare Cove Park Committee effective July 1, 2009.
Voted - to terminate Paul Murphy’s term on the Bare Cove Park Committee.
Ms. Burns said that she had discussed the list of questions the Cable TV Committee and felt that in order to get the government channel back on the air and the Board’s meeting televise it would important to order the necessary equipment.
Meeting adjourned 10:50 pm
Betty Foley, Clerk