Selectmens Minutes 04/16/2019
Board of Selectmen April 16, 2019
Chairman Marie Smith called the meeting to order at 6:00 p.m. in the meeting room at Veterans’ Memorial Town Hall at 558 South Main Street. In addition to Chairman Smith, Selectmen Joseph Pacheco and Patricia Riley were in attendance.
Ms. Riley made a motion to enter into Executive Session in accordance with Massachusetts General Laws, Chapter 30A, Section 21, to discuss strategy with respect to, or in preparation for negotiations with nonunion personnel or to conduct bargaining sessions or contract negotiations with nonunion personnel. On a roll call vote, Chairman Smith and Selectmen Pacheco and Riley voted to enter into Executive Session.
Chairman Smith called the open meeting to order at 7:01 p.m. and stated that the Board was returning from Executive Session. Present were Chairman Smith and Selectmen Pacheco and Riley. Mr. Pacheco said, “We did take one vote in Executive Session that is relative to the upcoming vacancy of the Town Administrator’s position, and the Board voted unanimously 3 – 0 to appoint on an at-will basis, Gordon Luciano, to the position of Acting Town Administrator, to fill the vacancy until such time as the Government Study Committee issues a report on any potential findings relative to the structure and composition of the position.” Ms. Riley seconded and Mrs. Smith made it unanimous. Ms. Riley added that the legal papers will be drawn up with the stipulation that Mr. Luciano will not be applying for the position on a permanent basis, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Mrs. Smith led the Board in the Pledge of Allegiance and informed everyone that the meeting is being recorded live by RayCAM.
Acceptance of the Minutes
Ms. Riley made a motion to accept the minutes of the April 9th meeting as printed, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Citizen & Community Input
Town Moderator John Donahue was present to address the Board. He first discussed the naming of the Advisory Committee for the Fire Chief’s position. The committee will be comprised of the following people: Gordon Luciano, Derek Swenson, Sheila Reardon, Thomas Levy, Richard Schiavo, Dan Andrade, David LaPlante, and John Donahue. He also discussed the matter with Chief Januse. He anticipates all meetings will take place next week. He also stated that, with regard to the Government Study Committee and the Town Administrator’s position, he is looking for direction from the Selectmen regarding the position and what the Board wants the committee to consider. Mr. Pacheco said that he would like to see it expedited because the Town needs stability and the only way he sees the Board agreeing on something is if it comes from the Government Study Committee’s findings. Mr. Donahue said he believes the committee should have something back to the Board by the end of May.
Department Heads
Mr. Matt Tanis was present to update the Board on a couple of matters. Bristol County Mosquito Control will do anti-larval aerial spraying between now and early May. Mr. Pacheco said he was glad to see that Mosquito Control is taking that action, after many years of being asked to do so. Mr. Tanis also introduced the new Health Inspector to the Board.
Chief Januse was present and said that he has been able to reduce the amount needed for the overtime account by about $90,000, due to insurance reimbursements for firefighters out of work on in jury.
Appointments
An Application for Appointment as Constable was received for Brad Pahigian. Ms. Riley made a motion to appoint, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
The Board discussed the Health Inspector’s contract. Ms. Riley made a motion to approve, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
New Business
A request was received from the Assessors for a transfer from the Overlay Reserve Account to the Surplus Account in the amount of $150,000. Ms. Riley made a motion to approve, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Town Administrator’s Report
Mr. Flaherty reviewed the Town Administrator’s Report.
South School is being renovated by RMC Construction and should be done soon. The low levels of asbestos found in the tiles have been contained and will be abated soon.
The invitation for bids for the Council on Aging siding project has been published. They received two bids, but they were vastly different in price. He will consult with Mr. Iafrate and they may request new bids.
The Annual Town Meeting is set for May 20th with the Special Town Meeting to be held prior to it. The pre-Town Meeting will be Tuesday, May 14th at 7:00 p.m.
The Warrant is finished and ready for a vote.
The next Selectmen’s Meeting with be April 23rd at 7:00 p.m.
The next SRSG Meeting is April 17th at 9:30 a.m. in Mansfield.
The next SMHG Meeting will be held on April 17th at 9:00 a.m. in Seekonk.
The next Department Head meeting will be April 18th at 9:30 a.m.
Selectmen’s Report
Mr. Pacheco said, “This being Mr. Flaherty’s last meeting with us, I would like to personally thank him for his services and being the Acting Town Administrator. It’s been a privilege and I wish you success in future endeavors and you have my personal appreciation for all your contributions to the Town.”
Ms. Riley stated that she wanted to set the record straight regarding misleading statements that appeared in the local news media with respect to Mr. Flaherty and his position with the Town. She stated that the motion she made on June 26, 2018 to advertise the position of Town Administrator “was no reflection on Mr. Flaherty, but rather that I felt it was incumbent upon this board to advertise such an important position as it should have been advertised when Mr. Buckner retired. I also stated that Mr. Flaherty and anyone else who was interested certainly could and should apply for the position.” Pointing out that, after discussion, the Board at that June meeting voted unanimously to award Mr. Flaherty a one-year contract, she stated, “There was no, and I repeat no vote of ‘no confidence’. A vote of ‘no confidence’ is an actual vote and that never took place.” Reading from a prepared statement, she noted that February 15, 2019 was the deadline for applications to be submitted for the position of Assistant Town Administrator for the Town of Harwich and that on Monday, March 25th, the finalists were interviewed including Mr. Flaherty. She continued, “On Tuesday, March 26th, the very next day, after speaking with Mr. Flaherty in private, I made the motion not to renew his contract, but to ask him to continue to serve in the positon of ‘Town Administrator’, which actually would be the first time he would serve as ‘Town Administrator’ rather than ‘Acting Town Administrator’ and to continue in that position while the Government Study Committee’s deliberations were continuing. The reason I gave was that the Government Study Committee might well consider any or all of those comments suggested by the Town survey, and if they decided to recommend any changes, that could impact the Executive branch of our town government and/or the town administrator’s position.” She noted that after discussion, “Mr. Pacheco made a counterproposal to offer Mr. Flaherty a six-month contract while the Government Study Committee’s deliberations were ongoing and again, Mrs. Smith and I supported that motion for a unanimous vote. Again no vote of ‘no confidence’ was taken.” Pointing out that on Monday, April 1st, the Harwich Town Administrator offered Mr. Flaherty the position of Assistant Town Administrator, she stated, “On Tuesday, April 2nd, the very next day, David Flaherty read his letter of resignation stating that after two votes of no confidence, he had decided to submit his resignation and give two weeks’ notice, with no mention of the fact that he had been offered the Harwich position. Instead, he chose to cast a shadow of doubt over our Town and over this Board, excuse me, over two-thirds of this Board, because he was sure to thank Mr. Pacheco for his loyal support.” In conclusion, she stated, “I submit that the entire article is misleading to say the least because there never was a vote of no confidence and it’s clear that Mr. Flaherty’s motivation in resigning and giving two weeks’ notice was obviously to accept the position in his hometown of Harwich, a position he had applied for either in January or early February. Dave, I’m really happy for you, a position in your hometown. How great is that. I just wish you had handled it differently.”
Chairman Smith asked Mr. Flaherty if he wished to respond. He declined.
The Board discussed the Warrant. Ms. Riley made a motion to approve the Warrant, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Correspondence
A Tag Day request was received from the Berkley Athletic Association for the following days: April 25th and May 3rd. Ms. Riley made a motion to approve, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
A request for an additional street light was received from a resident Ms. Riley made a motion to take the matter under advisement, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
A letter of interest was received from Karen Jackson requesting consideration for the vacancy on the Historical Commission. Ms. Riley made a motion to forward the letter to the Historical Commission, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Correspondence was received from the Bristol-Plymouth School Committee regarding the Committee’s vote to approve their FY20 budget.
Correspondence was received from the EPA informing the Town that it is receiving a grant of $6,000 to help pay for outreach and printing of materials for the implementation of the Recycling IQ Kit which is designed to help reduce contamination in residential recycling.
Adjournment
At 7:34 p.m., Ms. Riley motioned, and Mr. Pacheco seconded, to adjourn for the performance of administrative duties, signing of Bills and Warrants, with no business to be conducted afterwards. Mrs. Smith made it unanimous.
Respectfully submitted,
Janet Murphy
Recording Secretary