HomeMy WebLinkAbout2002-08-28 Board of Selectmen Minutes JOINT MEETING OF READING SCHOOL COMMTTEE, FINANCE
COMMITTEE, CONSERVATION COMMITTEE & BOARD OF SELECTMEN
Regular Session August 28, 2002
CALL TO ORDER
At 7:30 p.m. in the Superintendent's Conference Room, Chair Griset called the School
Committee to order, Chair Anthony called the Board of Selectmen to order, Chair Martin
called the Finance Committee to order and Chair Green called the Conservation
Commission to order in the Superintendent's Conference Room. Present were School
Committee Members Cavicchi, Dahl, Griset, McFadden, Russo and Twomey, Board of
Selectmen Anthony, Cummings, Hines, Wood and Schubert, Finance Committee
Members Epstein, Grimes, LeLacheur, Martin, McDonald and Robinson and
Conservation Commission Members Finch, Goulet, Green and Lloyd. Also present were
Superintendent Harutunian, Town Manager Hechenbleikner, Attorneys Gonzales,
Giffune and Slavitt. Finance Committee Member Ms. Grimmer and Conservation
Administrator Ms. Fink arrived during the executive session.
EXECUTIVE SESSION
Ms. Cavicchi moved the School Committee enter into executive session for the
purpose of discussing pending litigation not to return to regular session. Mr. Dahl
seconded the motion The vote was 6-0 Ms. Cavicchi Mr. Dahl Mr. Griset Mr.
McFadden, Mr. Russo and Mr. Twomey voted yes
Mr. Hines moved that the Board of Selectmen enter into executive session for the
purpose of discussing pending litigation and to return to regular session at
approximately 8:30 p.m. Ms. Wood seconded the motion. The vote was 5-0 Ms.
Anthony, Mr. Cummings, Mr. Hines, Ms. Wood and Mr. Schubert voted yes.
Mr. Green moved the Conservation Commission enter into executive session for the
purpose of discussing pending litigation not to return to regular session. Mr. Finch
seconded the motion The vote was 4-0 Mr. Finch Mr. Green Mr. Goulet and Ms.
Llovd voted ves.
Mr. McDonald moved the Finance Committee enter into executive session for the
purpose of discussing pending litigation not to return to regular session. Mr.
Robinson seconded the motion. The vote was 6-0 Ms. Epstein, Mr. Grimes, Mr.
LeLacheur, Ms. Martin Mr. McDonald and Mr. Robinson
Board of Selectmen Meeting
August 28, 2002
The meeting convened at 7:40 p.m. in the Superintendent's Conference Room, 82 Oakland Road,
Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman
Matthew Cummings, Secretary Richard Schubert, Selectmen George Hines and Gail
Wood, Town Manager Peter Hechenbleikner, Conservation Administrator Frances Fink, Town
Counsel Yvonne Gonzalez, Superintendent of Schools Dr. Harry Harutunian, School Committee
Members William Griset, Harvey Dahl, Susan Cavicchi, Carl McFadden, John Russo and
Timothy Twomey, Conservation Commission Members Will Finch, Lawrence Goulet, Patricia
Lloyd and Douglas Greene, Finance Committee Members Catherine Martin, Richard McDonald,
Charles Robinson, Karen Epstein, Andrew Grimes, Mary Grimmer and Robert LeLacheur, and
the following list of interested parties: George Katsoufis, Jim and Jeanette O'Rourke, Alex Reid,
Bill Hughes, Andrew Herlihy, Bob Soli, Vinnie Cameron.
On motion by Hines seconded by Wood, the Board of Selectmen voted to go into Executive
Session for the purpose of discussing strategy with respect to litigation — Mola, to come
back into Open Session at approximately 8:30 p.m. On a roll call vote, all five members
voted in the affirmative and the motion was carried.
Personnel and Appointments
Ad Hoc Advisory Committee on the Route 128/I-93 Interchang
ge Project - The Board of
Selectmen reconvened in Open Session at approximately 9:00 p.m. The first order of business
was to interview George Katsoufis for a position on the Ad Hoc Advisory Committee on the
Route 128/I-93 Interchange Project. Mr. Katsoufis responded to a number of questions with
regard to his professional credentials and experience. He is a design professional. His firm does
not do work for Mass Highway — they do work for the MBIA. In response to a question by
Selectman Gail Wood, he has permanent resident status in the United States.
On motion by Wood seconded by Hines, the Board voted to appoint George Katsoufis to a
position on the Ad Hoc Advisory Committee on the Route 128/I-93 Interchange Project by
a vote of 5-0-0.
Discussion/Action Items
Meeting with Reading Municipal Light Board Re: Inspector General's Report - Present were
Chainnan Bill Hughes, members Andrew Herlihy and Bob Soli and Acting General Manager
Vinnie Cameron.
Chairman Camille Anthony indicated that she, Vice Chainnan Matthew Cummings and the
Town Manager had met with Bill Hughes the evening that the latest Inspector General's report
came out. The report alleges violations of the Conflict of Interest Statute by the former General
Manager, the Acting General Manager and the Senior Engineer.
j Chainnan Camille Anthony asked Mr. Hughes if the RMLB has had a meeting or what they are
planning on doing about the issues raised.
Board of Selectmen Meeting—August 28, 2002 —Paye 2
Mr. Hughes indicated that he had a conference call with all of the members of the Reading
Municipal Light Board. Vice Chainnan Matthew Cummings asked if they had a meeting
without it beinV a public meeting. Mr. Herlihy stated that there was no conference call, that Mr.
Hughes called them all individually. Mr. Hughes indicated that he had consecutively called each
of the members individually. He added that he wasn't conducting business but that he was
infonnin them individually.
Mr. Hughes reviewed the correspondence from him indicating that he had referred the matter to
the Ethics Commission for their review, and had written to the vendors indicating that they were
not to offer gifts to any RMLD employees. In addition, the RMLD is in the process of reviewing
all of its policies and will be strengthening its policy on these issues. The Board is awaiting the
Ethics Commission report on this matter before taking any action.
Chairman Camille Anthony asked if these were the actions of the Chair on behalf of the Board or
of the full Board. Mr. Hughes indicated that these were the actions of the Chair and noted that
the Board is not meeting until September 9, 2002.
Selectman Richard Schubert asked how the matter will be enforced with employees and vendors.
Mr. Hughes indicated that he doesn't have any particular solutions but is open to suggestions.
Selectman Gail Wood indicated that she has no quarrel with the action of Mr. Hughes as
Chairman. She does feel it is very important for the entire Reading Municipal Light Board to
reinforce these actions. With regard to issues like ethics, the example has to start at the top and
this means not just sending a letter but setting an example and standard.
Selectman George Hines noted that the RMLB hasn't even been able to meet yet. He does agree
that the Board has to act but finds no fault with what was done to date.
Mr. Hughes indicated that he wanted to take immediate action. The Inspector General's letter
came in as a "Pearl Harbor attack" last Wednesday and these letters are a band-aid being put on
the problem.
Selectman George Hines asked if Mr. Hughes has had any contact with the Inspector General's
Office. He suggested that the RMLB might want to request a meeting and see if there are further
scopes of investigation.
Vice Chairman Matthew Cummings noted that the Task Force created by the Board of Selectmen
had taken a broad view of the issues raised in the Inspector General's first report. If the Reading
Municipal Light Board had not narrowed the scope of their forensic audit, it probably would
have caught these issues also. The RMLB and the department knows what their activities are,
and the onus is on the Light Board to clean up the problems.
Chairman Camille Anthony noted that in Mr. Hughes' letter to the Ethic Commission, he
indicated that "because some allegations appear to be inaccurate," the Reading Municipal Light
Department would follow up within a couple of weeks.
Board of Selectmen Meeting—August 28, 2002 —Page 3
-- Chairman Camille Anthony asked what the inaccuracies were. Mr. Hughes indicated that the
Acting General Manager disputes some of the allegations.
Vice Chairman Matthew Cummings indicated that the time sheets would reflect whether or not
the allegations were true. The Town Manager noted that he had gotten the time sheets for the
days in question from the Accounting Manager at the Light Department and there is no
information on the time sheets at all with regard to any meetings or conferences.
Andrew Herlihy stated that Mr. Hu,hes' call was not a conference call. He noted that the actions
of the Light Board to date represent frill cooperation with the Inspector General by the Light
Department. There has been a cultural problem with gift giving by vendors. The mentality has
been to run the RMLD like a business. He's very disappointed by the allegations and indicated
that he had a feeling that the Inspector General was not done after the first report.
Bob Soli indicated that he returned home late Wednesday and listened to the message that Mr.
Hughes had left. He stated that he was available for an early_ meeting of the Light Board but
understood that other members were not available.
Chairman Camille Anthony noted that as a member of the Audit Committee she attended the
RMLD Governance Advisory Committee on Monday. The issue of choosing vendors was
discussed. She noted that if the Light Board is going to select a new General Manager, we can't
afford to have this kind of thing happen again. The Light Board and Light Department are a
department of the Town and this needs to be recognized. The Town cannot afford to go through
things like this on an ongoing basis. Mr. Hughes indicated that his personal commitment is that
this will not be a problem.
The Town Manager noted that the Governance Advisory Committee had voted to ask the Light
Board to defer hiring of a General Manager until their report is done. Mr. Hughes indicated that
this will be taken up with the full Light Board.
Selectman Richard Schubert noted that there is ethics training scheduled on October 2, and he
hoped that the Light Board members and staff would attend. Mr. Hughes indicated that he had
attended three or four, and he knows members of the department who attended. Mr. Herlihy
noted that the former General Manager discouraged people from going to the Ethics Commission
training. It was suggested that a tape of the training could be gotten and distributed.
Vice Chairman Matthew Cummings asked if the letter to the vendors signed by the Chairman of
the RMLB reflected the existing policy of the Light Board. Mr. Hughes noted that the Light
Board does not have a specific policy but they will have.
Vinnie Cameron noted that the letter to the vendors also went to employees, and they will be
adding this information to the purchasing manual. Mr. Hughes noted that the $50.00 threshold is
an old dollar amount and may be outdated.
................
Board of Selectmen Meetintr—August 28, 2002 —Pale 4
Chairman Camille Anthony asked the Town Manager what the Town's policy was on acceptance
of gifts, and the Town Manager noted that Town employees are instructed to accept no gifts of
any value at any time.
Jim O'Rouke of 148 South Street asked how many vendors the Light Department has, and
Vinnie Cameron noted that they sent out 375 letters to their vendors. He suggested sending out a
notice with each purchase order. He also suggested requiring employees to attend training.
On motion by Herlihy seconded by Soli, the Reading Municipal Light Board adjourned at
9:55 p.m. by a vote of 3-0-0.
Chairman Camille Anthony asked the Town Manager to report on the issues with regard to
rubbish collection, and the Town Manager noted that there are some delays because of the
implementation of new safety procedures. All trash would be picked up.
Chairman Camille Anthony reminded Selectmen Richard Schubert and Gail Wood that they
needed to come to conclusion on the Sunday permit issue.
Discussion Re: Town Counsel Ethics Violation - Chairman Camille Anthony noted that she had
received a call and letter from Ray Porter of the School Building Committee requesting that the
Board take action to remove Joan Langsam as Town Counsel because she had agieed to pay a
fine on an ethics violation. The May 14, 2002 Minutes of the Board of Selectmen were reviewed
for the last time discussion took place on this matter. Selectman George Hines noted that the
Minutes should reflect that he was Chair at the time, and asked if anybody wanted to take any
action at that time. There was no motion by any of the Selectmen.
Cummings moved and Hines seconded a motion not to do anything further with the issue of
Joan Langsam's fine for a violation by the Ethics Commission. The Board was fully
informed immediately when the issue took place, has had an explanation, and no further
action is required. The motion was approved by a vote of 5-0-0. Schubert, Hines, Wood
and Cummings noted that the Board was called immediately, that they fully explored the
issue, and there is no reason for any further- action.
Discussion Re: Debt Exclusion for Roads - The Town Manager reviewed three charts that show
the impact on a project by project basis on an annual basis for all projects that are included in the
Capital Improvements Program as debt exclusions or capital exclusions. The Board had several
suggestions on the details, and suggested that this be put on the web page along with the other
information on the Road Improvement Program.
The Board asked to what extent they can be involved in advocating for the roads program. The
Town Manager noted that as long as they did not expend any Town resources, there were no
limitations on the Board. The information that is already a public record can be reproduced by
the Town for public information. The Board felt that the charts did an excellent job of
explaining the situation, and the Town Manager noted that this represented some long and
detailed work by the Finance Department and Public Works Department, and we worked hard to
make sure that it was completely accurate.
Board of Selectmen Meeting—August 28, 2002 —Pale 5
On motion by Cummings seconded by Schubert, the Board of Selectmen voted to adjourn
their meeting of August 28, 2002 at 10:20 p.m. by of 5-0-0.
Respectfully submitted,
Secretary