SELECTMEN’S
MEETING MINUTES
MAY 30, 2000
The Board of Selectmen met this evening with Chairman Frederick Clark presiding. In attendance were William Hardin, Leo Harlow, Patricia Webster, Carla Goodwin and Town Adm. Kevin Paicos.
EXECUTIVE SESSION Based on a letter received from Attorney Richard Dailey, the Executive Session item was discussed in Open Session.
Attorney Elaine Lucas, Attorney Richard Dailey, Kevin Paicos in attendance.
Clark noted the Board was in Open Session to discuss accusations made against the Town Administrator.
Goodwin noted the letter from Dailey on 5/25/00, requesting that this be in Open Session, and public. Webster noted that at the time the Agenda was set 5/24/00, the letter from Dailey hadn’t been received yet.
Goodwin noted we are now in Open Session. Clark noted there are a few questions on an auto accident. Hardin noted there was nothing in the Selectmen’s Agenda Packets on this. He noted he saw the attorney’s letters, that’s all. Goodwin stated same. Clark noted the Board will have guidance from Town Counsel on this issue. Goodwin questioned if the letter with accusations of the Town Administrator’s auto accident received dated 5/8/00, from Matt Welch is the reason for the hearing. Clark noted this is a request of Leo Harlow, and that they had followed the Open Meeting Law, giving Paicos 48 hour notice, and on5/25 received a letter from Paicos’ attorney requesting this be in Open Session. Webster noted the purpose is to see if the Town Administrator complied with the Town’s automobile policy and with MGL. She noted that one member of the Board received information RE: this accident. She noted that Harlow has attempted without success, to get information he requested on this accident. She noted there would be no questions at this time other than from the Board. She noted this is the Board’s time to consider this issue, and at Paicos' request it is being done in Open Session.
Webster asked Paicos if he was in an auto accident on or about 4/7/00 in a Town vehicle. Paicos noted that his Counsel would represent him. Lucas noted that if Paicos wants Dailey to answer the questions, it is OK. Lucas asked who would answer questions, either Paicos or Dailey. Dailey noted the need for some ground rules, and then Paicos will answer the questions. Dailey asked what are the ground rules. Lucas noted that Webster is acting as Chair and running the meeting at this point. Dailey noted that allegations have been made and noted that he had a letter dated 5/8/00 from Matt Welch making these charges. He noted that Fred Clark’s handwriting is on this letter. Lucas noted that Webster wants to ask questions about the accident, and that Leo Harlow asked for these answers. Lucas noted that Paicos was served with 48 hour notice and that this is simply an information gathering session, and that no action would take place tonight. Lucas noted that Paicos had the opportunity to have this in Executive Session, and this is not about Matt Welch, but about a car accident. Dailey noted he needs an intellectual understanding of where these charges came from. Lucas noted that if the Board considers any actions at a later date, Dailey will have the opportunity to argue for his client. Lucas noted the Board wants to get information to see if they need more information on this. Dailey noted that Paicos has already responded to these questions and this is to embarrass him.
Webster asked Paicos if he was in an accident on 4/7/00 in a Town vehicle. Paicos stated yes, noting the accident report states 4/7/00 as the date. Webster questioned the time, location and if anyone else was in the vehicle. Paicos noted 6:15PM in Brockton at intersection of Belmont St and the road that leads to White’s Bakery. Paicos stated Pearl St. Paicos noted he came off the ramp at Rt. 24 and he was alone in the car and there were a number of witnesses.
Webster questioned the make and year of the vehicle. Paicos noted a 1995 Crown Victoria.
Webster questioned what other vehicles were involved. 4 ton van/trailer pulled by tractor.
Webster questioned the name of driver and registration #. Paicos noted William F. Mason, Plate #16527-MA Registration.
Webster questioned if anyone suffered personal injury. Paicos stated no.
Webster questioned how the accident occurred. Paicos noted he came of the ramp, the tractor trailer began a left turn onto Turnpike St. when a car went in front of the truck. The truck driver slammed on his brakes, and when I saw this, I hit the gas instead of the brakes by accident and went into the ICC bar.
Webster questioned what the names and addresses of witnesses are. Paicos noted two Brockton police officers arrived, but he didn’t remember the names. Paicos noted that Chief Studenski from Brockton was present at the meeting and could give the officers names. Paicos noted Steven Gelman a former eagle scout of his, was also a witness, and came over to inquire if he was alright. Paicos noted that Skip Davis who is known in Town, was also an eye witness. Paicos noted that just prior to the accident Chief Bates was beside Paicos in his vehicle, but he didn’t see what happened.
At this point in the meeting Wally Fulcher, Building Inspector noted the building and the room is way over capacity with people, and that the parking lot is also full. He expressed concern that this is an old building and was not built to handle this capacity/load. He also expressed concern with the potential of accidents in the parking lot, it is so full. Clark noted the hearing would end soon.
Webster questioned if any vehicle suffered damage. Paicos stated yes. Paicos noted the truckdriver didn’t even know I hit him. Paicos noted his car had minimal damage, and gave a brief explanation of the bumper/front end damage.
Webster questioned what Paicos did at the point of impact. Paicos noted he stopped the car and the truck driver stopped. Then the truckdriver asked if I hit him, and came around back, then he saw the damage to my car. Because it is a busy intersection, we pulled off to the side and waited for the police to show up. The police indicated they felt the damage was relatively minor; they made sure we had exchanged paperwork information; noted there was no need for a citation; and noted the vehicle appeared to be able to be driven home.
Webster questioned the names of the officers again. Again Paicos noted that the Brockton Police Chief Studenski was in the audience, and could give that information.
Paicos noted that he parked the car at his home for the weekend and on Monday took it to the DPW to have them assess the damage.
Webster questioned when Paicos notified the Board of Selectmen. Paicos noted that he never notifies the Board of any accidents of any kind by any one.
Webster questioned if Paicos ever had an accident before this. Paicos noted, never, this is the first one in my life.
Webster questioned if Paicos reported this accident to the Registrar and to the Town. Paicos noted he notified the Registry by first class mail and that the accident was reported to the Town’s Executive Loss Control Committee. He noted he told the then Chair of the Board in a casual conversation, and also notified Chief Bates.
Webster questioned if Paicos notified the Town’s Insurance Co. Paicos noted the Town carries a $5,000 deductible and the parts and labor combined were far below that. It makes no sense to report any accident of this type, that is less damage than the deductible, and gave a brief explanation of the effect reporting these types of accidents would have on the Town’s insurance premium.
Webster questioned if the Insurance Co. requires that all accidents be reported. Paicos noted that unless the Town is seeking coverage there is no reason to report to the insurance co., with the exception of workers comp claims, which can be reported at a later date.
Webster questioned if Paicos took pictures. Paicos stated no.
Webster questioned how the car was repaired. Paicos stated by the DPW, and noted that Leo Harlow was given all the repair bills, and that he (Paicos) thought Harlow would have shared that with the rest of the Board.
Webster questioned if Paicos completed an accident report in Brockton. Paicos stated yes.
Webster questioned if the deductible on our insurance policy is $5,000. Paicos stated yes.
Webster questioned if there would have been a surcharge if the accident was reported. Paicos gave a brief explanation of the cost of the premium if the accident had been reported, noting that certain amounts are help in reserve by insurance co, for every claim reported. Paicos gave a brief explanation of municipal insurance claims vs personal insurance. Paicos noted that in municipal insurance coverage, many small claims are more damaging than in personal insurance. Paicos noted it would result in increasing of the premium, with no tangible evidence of any benefit to the Town. Paicos noted the insurance premium is now less than 50% than 12 years ago when He first came here, unlike personal policies that have increased every year. Paicos noted that all claims under the deductible are in his office. He noted he has a file draw full, they get reported to the ELCC and processed the same way as this one. Paicos noted there are approx. 7-10 motor vehicle accidents each year. Paicos noted that ironically there was an accident recently in the Fire Dept., and was processed the same as this one. Paicos noted there is no Town accident reporting policy, and if there is one, he’d like to see it.
Webster questioned the date of the report to the ELCC. Paicos noted 4/18/00.
Webster questioned the date Brockton was notified. Paicos noted he was not sure of the date, but there was Brockton officers present and an entry was made in their log. Paicos noted that Leo Harlow was given a copy of the accident report, and police log over a week ago from Chief Bates, and Paicos was surprised that Harlow didn’t share it with the rest of the Board. Paicos again noted that Chief Studenski was present and available to answer any questions the Board wanted, and could address Brockton’s policies.
Webster questioned the date of the notice to the Registry. Paicos noted he sent the report by first class mail, but not sure of the date.
Harlow questioned if Paicos had ever seen the policy he was holding in his hands, and noted that it was given to all fire employees. Paicos asked to see the policy, and noted that some years ago the ELCC discussed a form like this but through lack of being formally promulgated, he doesn’t have one, and we don’t train people on this currently. Paicos read from the policy handed him by Harlow, item by item
Webster interrupted Paicos’ review.
Dailey noted that Counsel stated the Town Administrator didn’t follow policy and so he should be allowed to address this.
Paicos continued his review, item by item, noting that he had followed each item, with the exception of the last one requiring pictures. Paicos noted there were no pictures taken by the EPD, because the accident didn’t happen in Easton. Paicos noted it was intriguing that the “so-called” policy given to him by Leo Harlow, was written from the sheet Chief Bates had on this item, but it doesn’t have the item requiring picture taking, which Harlow received from the firefighters.
At this point in the hearing, Paicos noted that Chief Studenski has another engagement and needs to leave if the Selectmen don’t need him.
Paicos noted another policy given to him and again stated it was never brought to ELCC or promulgated. Paicos noted that in 1995 Stan Bates sent this to his officers. Paicos again noted that he has a file cabinet full of accident reports, and none have pictures.
Webster asked if Harlow had any other questions. Harlow questioned if he is to assume that Paicos has no superiors. Paicos stated of course not, there is a relationship between TA and Board set up in Charter.
At this point in the meeting Wally Fulcher Building Inspector again noted the serious condition in the building and in the parking lot. Fulcher asked that everyone back out of the room and building before something serious occurs.
Clark stated the hearing was almost over.
Webster requested copies of the Town’s insurance policy, the accident report and Town Operators report, be submitted to the Chair.
Goodwin asked if it is now the will of the Board that if one person demands information, it doesn’t require the will of the majority.
Webster’s motion,
seconded by Clark, to have Town Administrator give copies of the Town’s
insurance policy, Operator’s Report, Accident report to the Chair, was not voted at this time.
Goodwin noted that the insinuation is that there will be a disparity between what was verbally reported and the written reports. Webster stated she just wants to read them. Goodwin questioned what Webster’s reason is. Webster stated I would like a copy. Goodwin noted that the Board has heard what Paicos said, and that this went well over 35 minutes. Goodwin noted that neither Hardin or she had any opportunity for input as to whether this should take place, and no opportunity to respond prior, and was told this would be in Executive Session. Goodwin noted the Board needs to end all of this baloney for the good of the Town. Goodwin noted this is not Paicos vs Clark and Webster, and if it becomes that the Board should be ashamed. Goodwin noted this is really about how Selectmen conduct themselves, and stated she didn’t want any finger pointing and that this should all end now.
Hardin noted he has never been so disgusted to be a member of the Board of Selectmen and is so ashamed of this. Hardin noted that all any member of the Board had to do was to ask Paicos. Hardin noted to bring this circus is absurd and this is a grave disservice to the Town. Hardin noted that Harlow had made him aware of this issue, and he told Harlow to go to Paicos. He noted that both he and Goodwin went to Paicos. Hardin noted that in his conversation with Harlow he (Harlow) had inaccurate information, and again noted this is all disgusting.
Dailey noted that Town has copies of the records and the ELCC was told. Dailey noted that all that was necessary has already been done. Dailey noted the Board doesn’t understand because with personnel policies, because you can’t hold personnel accountable for policies they haven’t been trained in.
Lucas noted the motion on the floor is not on policy but about getting copies of the accident report. Dailey again noted the Board already has them.
Vote on the motion
was 3-2. Goodwin, Hardin opposed.
Paicos noting he has been very forthcoming with information to the Board this evening, and that he wants an opportunity for his Counsel to say a few words on his behalf.
Webster noted there is no need because she doesn’t see any other action on this.
Paicos stated I demand the right of Dick Dailey to make a statement and if I am not allowed this courtesy, I will wait for the 7:15 citizen forum agenda item, and stand down from my position and sit here as a citizen.
Clark stated that the Building Inspector has a valid point and noted he would be going forward with the regular agenda.
George Farrell noted that the building rules didn’t count when the Board ignored them and did what they wanted, but now when Paicos asks – this is outrageous that you won’t let Paicos speak. Farrell again stated Paicos has a right to speak.
Clark asked for a motion on the General Minutes dated 5/8/00.
Hardin noted he protests having a meeting with all these people here, and suggested the Board adjourn to a larger place.
Clark noted that he was hearing information tonight for the first time also. He further noted that now the Board needs to go forward with the regular meeting.
Dailey noted he didn’t see people rushing for the exits. Dailey noted that he had suggested in writing to the Chairman that he get a larger room, on last Thursday, but you or someone else refused to move the meeting. Dailey again noted you need to move this meeting.
People in the audience and halls shouted they refused to leave before being heard.
Paicos noted that he had made an inquiry that the Jr. High would be available this evening and would be able to accommodate the meeting.
Webster noted the room full of people and suggested a different night.
Wally Fulcher Building Inspector again noted people are all the way out in the hallway, we are way over capacity for this building, and stated people must leave this room now.
Webster noted the Board has a scheduled meeting at 9PM and that people were notified to meet in Town Hall. Dailey noted the Board could post a notice on the door, and have a police officer direct people to the other facility.
Gail Howard noted she really has something to say, have voted for some of you and I have to be heard.
Webster noted the 7:15 citizen forum is open to public input.
At 6:55PM, on Hardin’s motion, seconded by Goodwin, the Board voted unanimously to adjourn the meeting to the Easton Junior High School.
EJHS Auditorium
It was noted from the audience that this was an individual person (Leo Harlow) asking questions around Town, as a member of the Board.
Karen Fulcher questioned how this accident could cause such a concern and asked what our loss ratio is and why this particular accident is being investigated so strongly. She questioned if we as residents should be concerned with this issue of accidents, and wanted to know how many accidents occur each year in Town vehicles. Clark noted the Town Administrator admitted to the accident and the Selectmen are his direct superiors. Clark noted that until this evening he didn’t know the details about the accident.
Fulcher questioned if the Board investigates any other accidents. Clark noted it is up to the Town Administrator to investigate. Fulcher expressed concern that the diligence of the present Board is going to
be on unreported accidents, when they should spend time on the vital issues rather than these types of issues. Webster stated that Harlow wanted this on the agenda and Clark as Chair lets any item on agendas
if they are checked by the Board. Webster noted this letter was checked and we asked Town Counsel and she said the Board needs to give notice per the Open Meeting Law and MGL and she reviewed the Board’s process. Webster noted that the questions answered gave her information she needed to have in place.
Carl Abromson questioned if accident reports are public records and if anyone could request them. Chief Bates stated yes. Abromson asked then why are we here. He noted some of you have already seen the report and it was available. Abromson noted that to sit and ask questions on this information was absurd, the answers were already there.
K. Fulcher questioned why Fred Clark didn’t see this previously if it was so important. Clark noted he was unaware of the questions that were going to be asked and came to the meeting to hear also.
Dan Churchill asked if the Board could elucidate as to how it was curious that when the Building Inspector warned you, he was told there would only be 4-5 minutes longer, and ignored him. You are here because you are concerned that the TA ignored an auto accident reporting policy, but three of you ignored the Building Inspector’s orders not two times but three. Churchill questioned how three of you can sit and fairly judge situations that involve people who violate policies, when you have done it yourselves tonight. Webster noted that when she was asked how many questions she had, she noted about 20, and she was unaware how many people were there, she had no way of knowing.
George Farrell noted how building capacity rules became convenient when Paicos asked for his attorney to speak. Clark noted it went far over the time he thought based on the amount of questions noted by Webster. Farrell noted it had already gone 25 minutes over time when the Building Inspector told you the second time he was concerned. Clark noted he became concerned with safety and fire issues, stating heaven forbid a fire took place. Farrell stated you should have cleared the room the first time the Building Inspector notified the Selectmen. Farrell questioned how come after accusations were made of the Town Administrator, he wasn’t given the chance to respond through his counsel. Clark noted he doesn’t have a crystal ball and he didn’t know how many people were in the building. Clark noted he thought the questions would be over shortly when asked. Farrell asked how can you justify that everyone on the Board was allowed to attack the Town Administrator for 25 minutes after breaking the law by staying in that room after notice from the Building Inspector, then all of a sudden you wanted to follow the building code rules when Paicos asked to speak. Clark stated I wasn’t in charge of the meeting at that time, Webster was. Clark noted he didn’t ask any questions either.
Alan Siegel noted that the crowd is all here in support of Paicos. He noted the Town Administrator is a good communicator at public forums, such as Town Meetings, Chamber meetings etc. He noted the TA has implemented programs that saved thousands of dollars for the Town and that people want to have Kevin Paicos renewed as the Town Administrator. Siegel noted he regrets the Board’s vote to not renew Paicos’ contract, and asked for a response as to why the TA isn’t being renewed, and I want reasons. Clark asked Town Counsel’s advice, due to Executive Session issue. Siegel asked again give reasons why your not renewing the TA contract, and stated this has nothing to do with the Executive Session last week . Lucas noted the legal stand point is that if the Board decides to terminate Paicos they will hold a hearing with the reasons set forth per Charter. Siegel asked if that hearing has to be done. Lucas noted that procedure has to be followed.
Jonathan Richman noted that his understanding is that the previous Board was in negotiations with Paicos, and that it is further his understanding that this Board is now not negotiating with him. Richman asked why would one Board with only one difference suggest non renewal of this contract. Dailey noted on behalf of his client that Paicos has no problem with this matter being discussed in Open Session, and had asked for same last week. Clark noted the Selectmen do have a problem discussing this now.
Richman stated that if Mr. Harlow or Mr. Welch felt it important enough to bring a bogus car accident to this hearing, what was the reasons. Harlow noted there is no ulterior motive other than I just wondered why Paicos didn’t bring this to his superiors. Richman questioned why is it so important if you are not asking others to do this. Paicos noted that prior even to the election of Harlow, Mr. Harlow called me and asked if I had an accident, and I assured him that I had. Harlow noted that he was a citizen and wanted to
know, and now as a Selectmen wanted to know why it wasn’t reported to the superiors. Richman questioned that if chain of command is so important to you why did you go to the deputy chief before going to the Chief of police.
Gail Howard noted she read an article that Paicos was given information prior to the Selectmen’s meeting last week, and that wreaks of collusion. Howard asked why the vote was made prior to the Executive Session last week. Webster noted that she knew how she planned to vote and wanted to discuss this in Executive Session, but in fairness I wanted him to know. Webster noted there is a lot of rumors and innuendo in the papers. Howard again stated that her understanding is that the call to Paicos happened before Executive Session, and stated noted that if I am wrong, tell me, but I expect more from the Board of Selectmen. Webster stated she spoke with Town Counsel and she said let him know the Board will be making certain decisions about his contract. Webster noted the Selectmen are in the middle of negotiations with the Town Administrator and that her reasons may never become public. Webster noted she makes decisions based on what she feels is important to the Town.
Jon Morgan stated he has lived here for 7 years and moved here due to friends here and that he felt this is a thriving community. He noted he liked the leadership and public access, and he intends to stay here. Morgan noted he is not concerned with the minutia of Roberts Rules, and not concerned with the accident. He noted he suspects some of the Board have a different agenda. He noted his vote was given to some of you and he wants to ask a simple question – will you reinstate Kevin Paicos’ contract. Clark stated we are in negotiations with Paicos and can’t talk about it. Richman stated you are in negotiations for a severance package not negotiating a contract. Lucas noted Clark can’t speak individually. Lucas noted that in order for the Selectmen to consider a vote on Paicos’ contract they would need to negotiate with him and it is not something that can be done here and now. Dailey stated in response to the last question/statement by Richman that the Board is negotiating to terminate the contract and there is no movement towards granting a contract. Dailey noted the contract with Paicos has a provision that if he wished to renew he needed to notify the Board by 1/30/00, but on 1/24/00 a different Board voted to negotiate with him by appointing a sub-committee. The sub-committee negotiated a three year contract and reported that. But then they thought maybe they would want a longer contract, and needed advice on that from Town Counsel. Then we had an election and everything changed. Dailey noted that Paicos has made tough decisions with developers and has always done this with the majority of the Board’s approval. Dailey noted that a few years ago a certain developer had private investigators looking into his and his families lives. Dailey noted that all the private investigator could come up with was issues around Paicos’ GPA and whether he was in the military, and I defended Paicos then. Dailey noted that Mr. Welch and Paicos haven’t been friends over the past years. Dailey noted that people are accusing Leo Harlow of bringing these accusations about the accident against Paicos, but this issue was not brought by Harlow. However, the TA contract states that if the Board of Selectmen bring charges against the TA, it may be cause for termination. Dailey noted a letter dated 5/8/00, on Matt Welch Realty letterhead, and read the accusations listed. Dailey noted that there is a handwritten note by Fred Clark to schedule this item next week 5/22/00 for a meeting in Executive Session. Dailey noted that letter is the reason the issue was heard tonight. Dailey noted that on 5/22/00 Paicos was notified by Webster, at his home at 5:00PM, that the Board was going to have a meeting on his contract and that we have three votes to terminate your contract. The Board met that evening at 6:00PM for one hour then called Paicos in with an offer of severance and to terminate him. Dailey noted that article 4-4 of the Charter of the Town states they need to give any reasons and need just cause to fire him. Dailey noted that when Paicos stated he would not accept the severance offer they then gave notice to him of this hearing of accusations. Dailey noted he called Lucas about the charges and was told that Paicos didn’t follow Town policy and state law. Dailey noted that no one has a promulgated policy, and no one has quoted the State laws involved. Dailey noted this is all very much about Matt Welch and members of this Board acting as surrogates for Matt Welch, not as individuals. Dailey noted we need a competent Administrator and that Paicos has assembled a truly remarkable management team here. Dailey noted that over the past 5 years the Selectmen have done much to demoralize the Department Heads. Dailey noted that treating the Town Administrator this way sends a message to department heads that you can always be gone after by a developer . Dailey noted that several dept. heads and board members have been victims of this treatment by Matt Welch.
John Kent noted that the Finance Committee would be willing to wait for their budget hearing.
Kay Fulcher stated that she couldn’t hear everything being said back at the Town Hall, but she was disappointed to hear Clark say he didn’t know more than three people would attend this meeting. Dailey noted he had written to the Selectmen and Town Counsel to notify them he would be presenting witnesses and that there would be members of the community present. Fulcher again said she was confused because Clark stated he didn’t know there would be a lot of people, when you received notice from Attorney Dailey that more people would come.
Jim Sullivan noted that as a manager how difficult it is to have to terminate someone. He noted he heard Town Counsel say that public hearings would take place, but the Board is already in negotiations for termination and he is concerned. Lucas noted if Paicos is to be terminated her understanding is that the following will take place. The Board will vote, state their reasons and then ask Paicos if he wants it in Open or Executive Session, per Charter. Lucas noted that Dailey stated the Board was not renewing Paicos’ contract, not her. Dailey noted this was his understanding from last week’s meeting. Dailey noted he requested it go into Open Session last week and you (Lucas) refused, and we were told that the Board wanted him (Paicos) out by 6/30/00. Lucas noted that no laws have been broken by the Board.
Jeffrey Tufts stated stop dancing around the Executive Session issue, in 30 days from now the Town may not have a Town Administrator. Tufts asked what are your plans for that time, and is the Town being put in financial jeopardy. Goodwin noted that last week the Board voted not to renew the contract. She stated I ask the question, is this in the best interest of the Town and the best way to proceed. Goodwin stated I ask this Board to reconsider not renewing the Town Administrator’s contract. She noted the Board could ask for a continuation for one year, which would treat Paicos and his family fairly, or a three year contract could be given. Tufts asked if any other Selectmen is going to answer. Webster stated that unfortunately there are people in this room and on this Board that don’t respect the Open Meeting Law, but I will not discuss things from Executive Session. She noted she will stand by the Board’s decision and that there are provisions for an interim Town Administrator. She noted she won’t take part in this, this is a private discussion. Dailey noted the Open Meeting law says if there is no benefit to be gained by keeping something secret, there is not reason to keep it executive. Dailey noted the Open Meeting Law protects my client and he has agreed for this Executive Session to be made Open Session. Lucas noted that Dailey has quoted an exemption in the Open Meeting Law, but to discuss strategy, to consult on direction needs to be kept from public session. Lucas stated that Dailey has no right to wave the Board’s right to Executive Session. Hardin noted that lots of people have asked him to discuss this and he hasn’t, but now wants to state that if all of these things transpire, he wants the Town of Easton employees to know that no employees will lose jobs or increases if the Board voted for termination and severance of Town Adm.
Virginia Murray – Stated she tried to call every Selectman on Saturday and couldn’t reach some of you. She noted that she is a fair person and has tried to keep an open mind and wants to trust both the Town Adm., and the Selectmen. Murray stated that Leo Harlow told her there would be charges brought up tonight that would help her understand, but she noted the Selectmen’s behavior is far less than superior.
Alice McCarthy – noted she has worked with Paicos in several capacities and he has always been a reasonable man. She noted he gives good direction. She noted she was on the ConCom and that she has had sheriffs at her door delivering things from Developers trying to scare Board members and townspeople into doing what they want. She noted they never scared me, I tried to stick to issues and to keep personalities out of things. McCarthy stated she was furious here because the Board has lost sight of any issues, and this is all about personal grievances, obviously, and she stated grow up and do the right thing.
Bobbie Freed – Stated she felt misled by Town Counsel and if Paicos’ contract is terminated there would be a hearing, but if it is just not renewed, there will be no hearing. Lucas noted that Paicos has a contract and a provision in the Charter. She noted the contract expires on 6/30/00, and that he has had his contract renewed over the years, every three years. She noted the Selectmen must decide to renew or not. She noted there is some confusion over clause that Paicos would stay after 6/30/00 as an employee at will, or the Charter provision to terminate would be followed. She noted that if he is terminated the Charter provides for a process.
Dailey noted he doesn’t disagree with Lucas but there is another alternative. Dailey noted the Contract says if not notified within 30 days of his notice to the Board, that the contract automatically extends for one
voted to renew and negotiate with Paicos through the sub-committee.
Jon Morgan – Noted he is still confused over the termination vs non-renewal process.
Dailey noted he disagrees with Lucas that the contract ends 6/30/00. Lucas noted that if it is not a termination there will be no public hearing.
John Leahy – Noted he served on the Board with three of the present Selectmen, and was Chair. He noted Paicos warrants the renewal of his contract. Leahy noted he served with Paicos and sees what he does. He noted Paicos is an asset and the taxpayers deserve to reserve an asset such as Paicos. Leahy noted Paicos has saved this Town thousands of dollars and is the only one who is able to make sense of the issues for all of us. Leahy stated if he is not renewed, who will run this Town. Leahy noted will it be an interim person, a Dept. Head, Clark, Harlow or Webster. Leahy again stated I strongly urge the Board to rehire Paicos, there is no one who can run this Town like a CEO, as Kevin Paicos has.
Leahy noted the mini inquisition that took place this evening was embarrassing and such a farce. He noted it was so non-conclusive. Leahy noted nothing said this night could possibly be used as a just cause for termination.
Bill Nixon noted it is obvious that the overwhelming population here tonight, which comes close to exceeding the recent election votes, want Paicos to be returned. He noted there is no mass turnout here to say let Paicos go. Nixon stated it is the will of the people for Paicos to stay, we elected you and you should do that.
Fred Murray asked Leo Harlow, you are pro train and anti Kevin Paicos, who do you represent in this Town. Harlow noted he represents the 1391 people who voted for him. Murray asked if his recent election platform was on pro train and anti Paicos. Harlow stated no. Murray noted this is ridiculous politics by Clark and Harlow and I’m ashamed of your activities tonight. He noted he can’t even get a straight answer from the Board. He stated before you go into Executive Session to terminate Paicos, you need to justify to the Town, why.
Goodwin noted she is embarrassed to be part of this group but the oath she took is to be part of this group. She asked the Board to please enter into negotiations with Paicos, in any shape or form that fits. She noted the Board needs to stop looking at this and to just do it. She noted that Webster didn’t intend to do anything wrong in informing Paicos prior to the Selectmen’s meeting, she thought she was doing something right. Goodwin noted she doesn’t like being characterized this way, as the Board has tonight, and stated she has nothing to lose by asking the Board to reconsider their vote. She asked if Harlow, Clark and Webster would reconsider. She noted all that is at stake here is our egos.
Scott Pickett noted he moved here from Weymouth and has dealt with Paicos, but tonight was the first chance to actually meet the gentleman. He noted Paicos is one heck of a man and he sees things before others do. He noted issues such as the MBTA, Developers who want to develop near the wells in Town, and that Paicos sees these types of problems. He questioned who will replace wells when the MBTA gets rammed through Town. What will the Selectmen do for the Town once the State does this. He noted Paicos represents us at the direction of the Town Meeting votes, and no one can represent us as he does. He noted Paicos has done an outstanding job.
Claudette Dailey noted the original complainant and questioned if Matt Welch was at the meeting. Dailey noted if he is not present, how could he be so concerned about this accident, not to be present for the information.
Bob Rosenthal expressed concern RE: the process and the ethics and violations of same. He noted a question was asked who runs the Town, and he stated the Town Meeting runs the Town and the Selectmen serve the Town residents. He noted given the vote last week which is a moral violation you owe us explanations as to why Paicos was isn’t being renewed. He noted this question doesn’t violate any strategy – he just wants an explanation of the decision. He noted he wants to know the reasons and if the Board has legitimate reasons we want to know. Clark asked Lucas to respond. Clark explained that the Executive Session part of the meeting is still underway and two members have been chosen to negotiate with Paicos.
Rosenthal noted the committee is to negotiate severance and I want to know why it is severance and not renewal.
Bill Nixon asked if Paicos requests information be public can’t it now be opened since he is under discussion and has requested that. Bill Nixon again asked why was Paicos not renewed.
Lucas noted that if the Selectmen want to wait, that is their perogative.
Alan Siegel asked if rules allow for a motion for reconsideration tonight. Siegel asked the Board to make a motion to reconsider their vote.
Goodwin’s motion, seconded by Hardin to open discussion to discuss renewal of Kevin Paicos’ contract in Open Session was not voted at this time.
Goodwin noted that it is her understanding that in good faith by establishing on 1/24/00 a sub-committee gave the indication that a contract will be considered, and it was to be brought back to a meeting agenda. Goodwin noted that a majority of the Board was ready to renew based on the negotiated contract, as agreed with the sub-committee and the TA, and the only issue that held the vote was to establish if the contract could go for 5 years vs 3. Goodwin asked if Paicos would consider staying and asked the Board to renew the three year contract. Goodwin noted Paicos is a strong person, that she disagrees sometimes with him, that sometimes he doesn’t articulate issues clearly, and that he talks too much sometimes. But these are not reasons not to renew his contract.
Hardin noted he has a different vantage point from the rest of the Board, as he has been on and President of the MMA Board of Directors, as well as the President of the MSA. He noted he speaks with lots of people throughout the State and no one around the State in any capacity in the State is held in higher esteem than Kevin Paicos. Hardin noted he is a brilliant person and an expert on insurance. He noted that when the majority of the Board agrees with him he carries out their will. He noted that
Paicos has surrounded himself with outstanding people as Dept. Heads. He noted we have a fine group of Dept. Heads in Town that Paicos has assembled and he would hate to see that disturbed. He noted his embarrassment by what has been happening and that he would vote for contract renewal.
Dailey noted the Board has two competing motions already passed, one to negotiate and one to terminate. Dailey noted that as a result of the 1/24/00 vote there are at least two opportunities that Paicos could have taken advantage of, but didn’t, because he believed he was being retained here in Easton.
Paicos stated those of you who go to Town Meeting know I am not usually nervous about speaking. First, to all who came and said nice things, thank you. Secondly I am enormously proud of my Dept. Heads and all the employees of this Town. They provide a quality product for this Town. He noted the quality of service in this Town is number one in Southeastern Mass, if not in all of the State. Thirdly, I am embarrassed this is a the subject of a public controversy and I apologize to all the citizens. Finally, Easton has been home for 12 years and feels more like home than where Ann and I grew up. It has been a privilege to be the Town Administrator here, and I would agree to stay here for 10 years, this is where I want to be.
Vote on the motion
did not pass with a 2-3 vote. Hardin,
Goodwin in favor.
George Farrell again stated that the Selectmen owe the people reasons why. Clark noted this would be the 4th vote for Paicos’ contract, and he has never supported Paicos as Town Administrator for many reasons. Clark noted you will see these is an upcoming meeting of the Selectmen.
Webster noted her decision is based on three years on the Board. She noted Paicos is intelligent, hard working and a good speaker, but he often acts before receiving direction from the Board. She noted she has read in the paper about things vs him communicating directly with the Board. She noted Paicos and I are very different people and we worked very hard on that relationship. She noted that references to Town employees named recently have caused confusion that the sense is that all Dept. Heads will walk out. This is a wonderful team of Dept. Heads and all employees do a good job. She noted we are blessed with employees who work together. She noted we had this before Paicos came and we can have that when he’s gone. She noted she doesn’t think Paicos is the only one that can fight or discuss the MBTA issue, but she would never take away his talents. She again stated that information is not being given to the Board in a timely manner, and it has put us at risk sometimes. Webster stated she cannot vote for a contract for someone she cannot trust. She stated this is why I am doing this and I am doing the right thing for me, I can live with myself.
Clark read notes from the FinCom RE: Paicos; noted the Reclassification has taken a toll on this budget, and a week or two later read in the paper about a $2.2M shortfall. Clark noted that general government budgets increased mostly in the wage and salary line items.
Paicos noted that the prior Board of Selectmen in 1998 commissioned a Wage/Reclassification Study of
Non-Union employees. Paicos noted it was the same procedure done for the clerical and has also been commissioned for the DPW. Paicos noted this is the way we learn what we should pay in order to pay our people properly. Paicos noted the non-union wages were last studied in 1989. Paicos noted the study was voted by a majority of the Board to implement the Study at a cost of approx. $44,000 for the reclassification of 34 people. Paicos noted it is not the case that two weeks after the vote of the Board of Selectmen on the Study that the Town noted it faced the shortfall. Paicos noted that even in the worst financial times you must ask employees to do more work and they should be compensated. Paicos noted he will get the dates of the actual Board votes RE: the Study. Paicos noted he didn’t delude this Board, and that is not an accurate statement to make.
Clark noted besides reading in the paper of the shortfall, he read that two police officers and two DPW positions would be cut. He noted he has always supported public safety and was concerned that raises were given out at a time when positions are being cut.
Harlow noted her ran on new leadership and my problem with Paicos is that he doesn’t take direction well. He noted he was on the Board for 3 years previously and a lot of things happened over the last 10 years that you don’t know about, and due to legalities, can’t be disclosed.
Goodwin noted that reality is based on people’s perception. Goodwin noted that when I talk to Paicos he responds in a forthright manner. She noted sometimes we have differences in the way to do things, but the Board is trying to portray the perception that Paicos has put one over on us. Goodwin noted that when someone knows something well, he knows it. Paicos has the whole picture in his head and it is hard to communicate it all to us. Goodwin noted she would never be part of a group that would go after someone for character defamation.
Steve Torrey noted he has spoken with most of the Board at different times. He noted the people sitting in the front of this room shouldn’t be forced into a discussion tonight, but they should schedule an open forum with residents before they make such a substantial change.
Fred Kurtz – stated he has known Paicos for several years and questioned what the performance evaluation process is of Town employees. He questioned if there is another opportunity for a forum to discuss this. Goodwin noted a memo describing the evaluation process of the Town Adm., and gave a brief explanation.
At 9:15PM, the Citizen Forum was concluded.
At this point in the meeting Carla Goodwin was not present
On Harlow’s motion, seconded by Webster, the Board voted unanimously (4-0) to approve General Minutes dated 5/8/00.
Carla Goodwin returned to the meeting at this point.
Nick Mirrione, Patricia DeMoor in attendance, along with several other Miller Road residents.
Clark questioned if there was an appraisal on this land. Paicos noted that no one responded to the RFP. Paicos noted he is negotiating with a local appraiser for an opinion of value and will have that prior to the Town Meeting. Paicos noted that providing the value is below $25,000 the Board can dispose of the land in any way they deem appropriate.
Patricia DeMoor asked why Mr. Mirrione wanted to purchase the land. Mirrione stated simply to clean up the mess in front of my house. He noted there is a car parked there and trash. He noted he would also like to add landscaping. Clark asked if this land is acquired by Mirrione could he put in an “estate lot”. Clark asked if Mirrione would agree to the condition on the deed that this land would be for only one single family home. Mirrione noted he already has this as an estate lot and would be willing to sign an agreement for only one house on that land.
P. DeMoor noted there are things dumped there by neighbors but it is all natural dumping, no trash. She noted the neighbors will clean up and would also help pay for landscaping. She noted the neighbors would rather that stay Town owned land so everyone is protected. She noted the blue tarp is gone and the car will be removed. Again she stated the residents would rather Mr. Mirrione not buy this land. Mirrione noted he
doesn’t need to buy the land as long as the neighbors are willing to keep it clean. DeMoor noted Mrs. Kagan tried to buy this land in 1984 and the Town refused to sell at that time and we the neighbors would like to keep this buffer. Mirrione noted he would agree not to come back to ask to buy as long as the neighbors don’t dump there. Mirrione noted he wants to add landscaping of trees and shrubs and stated he would not cut down trees.
On Harlow’s motion, seconded by Hardin, the Board voted unanimously to accept the verbal contract with Nick Mirrione and the Miller Road residents and not to sell the Town owned land and to give permission to do landscaping on that land, that would be agreed to by Mirrione and Ms. DeMoor, and further to recommend dismissal of Article 21.
On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to release Executive Session Minutes dated 6/17/96, 9/3/96, 8/26/96, 8/5/96, 7/31/96, 3/24/97, 1/6/97, 12/16/96, 10/21/96, 6/3/96, 9/9/96, and not to release Executive Session Minutes dated 7/22/96
FINANCE COMMITTEE - On Hardin’s motion, seconded by Harlow, the Board voted unanimously to recommend approval of the Finance Committee Budget in the amount of $4,500., and that if the Committee votes a different number, it will come back to the Selectmen.
RESERVE FUND – On Harlow’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the Reserve Fund Budget in the amount of $40,000.
LIBRARY BUDGET – G. Marsan, G. Stafford, D. Churchill, D. Richman, A. Bundy, H. Varella in attendance. Churchill gave a brief explanation of the proposed budget.
On Goodwin’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the Library Budget in the amount of $360,000.
DPW BUDGETS – Roger Hill in attendance and gave a brief overall explanation/review of each of the DPW Department budgets.
ADMINISTRATION – Harlow questioned if there are positions lost in DPW. Hill noted one heavy equipment operator. On Goodwin’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the DPW-Administration Budget in the amount of $289,047.
HIGHWAY – On Harlow’s motion, seconded by Webster, the Board voted unanimously to recommend approval of the DPW-Highway Budget in the amount of $537,167.
FOREST&PARKS DIVISION – Hill noted he is trying to relieve Central Maintenance of the outdoor maintenance activities and that all summer laborers will be transferred to this division now. He noted this makes Paul O’Neil the Tree Warden, and is a non-union position. On Harlow’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the Forest & Parks Division Budget in the amount of $186,086. Webster asked for the Tree Warden job description, and Hill agreed to send it to her.
CENTRAL MAINTENANCE BUDGET – Webster noted she is opposed to this budget because it is so under funded in terms of building maintenance. On Hardin’s motion, seconded by Harlow, the Board voted 4-1 to recommend approval of the DPW-Central Maintenance Budget in the amount of $658,236. Webster opposed.
VEHICLE MAINTENANCE BUDGET – On Harlow’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the DPW - Vehicle Maintenance Budget in the amount of $166,267.
SNOW AND ICE BUDGET – On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend approval of the DPW – Snow and Ice Budget in the amount of $138,700.
STREETLIGHT BUDGET – On Harlow’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the DPW - Streetlight Budget in the amount of $105,000.
ENGINEERING BUDGET – On Goodwin’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the DPW – Engineering Budget in the amount of $134,057.
WATER DIVISION BUDGET – Hill noted the addition of a second technician to maintain the stations. On Harlow’s motion, seconded by Hardin, the Board voted unanimously to recommend approval of the Water Division Budget in the amount of $1,711,680.
Hill noted that the only streets that are ready are Valley Terrace and Summerfield Lane. Hill noted that the remaining streets have no plans submitted and/or are not acceptable. (see attached list). On Goodwin’s motion, seconded by Harlow, the Board voted unanimously to accept the layout of Summerfield Lane and Valley Terrace, and to dismiss STM Articles 26 – 37 due to deficiencies noted by Roger Hill, DPW Director.
Wayne Southworth in attendance. Clark read the notice of award, and the Board commended the Water Division.
Wayne Southworth in attendance.
Clark read the letter from the Town Adm., to Southworth, and the Board commended Southworth.
Clark read the list (see attached). On Harlow’s motion, seconded by Hardin, the Board voted unanimously to approve the Certificates of Appreciation.
Clark read the request. On Harlow’s motion, seconded by Hardin, the Board voted unanimously to accept the recommendation of the Department Head and send a letter declaring the car surplus.
275TH ANNIVERSARY BOOKLET COMMITTEE
RESIGNATIONS
Clark noted the Chair of the 275th Committee requested there be no action at this time. On Harlow’s motion, seconded by Webster, the Board voted unanimously to table this item to the 6/5/00 meeting.
ARTICLE 23 – It was noted that the reimbursable amount is $115,612. On Goodwin’s motion, seconded by Webster, the Board voted unanimously to recommend approval of Article 23.
Clark read the notice from SERSG.
On Harlow’s motion, seconded by Hardin, the Board voted unanimously to approve the bids as listed/recommended by SERSG (see attached).
BUILDING DEPARTMENT BUDGET – On Hardin’s motion, seconded by Harlow, the Board voted unanimously to recommend approval of the Building Department Budget in the amount of $163,759. Paicos noted that the interviews for the Building Inspector position will begin next week. Webster noted she supports the budget tonight, but if the full salary line isn’t used with the new employee, she wants the money put into the DPW budget.
Paicos noted the 6/5/00 Selectmen/Department Head Planning Meeting will be at Stonehill from 9AM until Noon. He noted lunch will be served and the meeting will adjourn at 1:30PM. Paicos noted he gave the Board the reports and asked them to review the information prior to the upcoming meeting.
Goodwin questioned if the Town Meeting will be able to be adjourned to 6/13/00, if necessary. Paicos stated yes.
Webster noted she has been asked by Tom Holland to announce concert on 6/25/00 from 4-6PM, with the “Old Kids on the Block”. He also noted a fundraiser where people can purchase plaques in memory of loved ones for $100.00 each.
Webster noted she wanted to clarify something that was in the Journal as to why she abstained from the Library access road article. Webster explained that this land directly abuts her mother’s home and she was advised by Town Counsel to abstain.
Harlow noted that at 61-63 No. Main Street the sidewalks have large chunks out of it and is very dangerous. Paicos noted he will refer this to DPW.
Hardin congratulated and commended all involved with the Veterans Memorial Parade, and asked that a letter of thanks be sent. On Hardin’s motion, seconded by Harlow, the Board voted unanimously to send a letter to the Committee RE: the Veterans Memorial Parade.
PRESS NOTES – Robin Sousa of Mediaone asked that the agendas be mailed to her directly, as they aren’t always given to her when faxed.
At 11:25PM, on Harlow’s motion, seconded by Hardin, the Board voted unanimously to adjourn.
APPROVED____________________________
DATED_____________________________