Board of Selectmen |
July 13, 2009 |
Regular Meeting |
Selectmen’s Hearing Room, Town Hall |
Present: |
Robert P. MacKendrick, Chairman |
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Arthur J. Bourque III, Selectman |
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Al Merritt, Selectman |
Chairman MacKendrick called the meeting to order at 7:03 p.m.
Appointment of Interim Chief of Police
The Board took up the matter of appointment of an Interim Chief of Police to replace Chief Paul Romano, who will retire on June 30.
Town Counsel Thomas Mullen explained that under Chapter 31, Section 16 and Civil Service regulations, appointment of an Interim Chief must be made from the next rank below chief; in the case of Lynnfield, captain. The sole member of the Lynnfield department with that rank is Captain Joseph Dunn. He also pointed out that the interim appointment must be confirmed by Civil Service.
Selectman Bourque wanted to confirm that the Board was constrained by this to consider only candidates at captain, the rank below chief, and could not consider sergeants or patrolmen. Mr. Mullen confirmed this was the case.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to appoint Joseph Dunn as interim police chief.
Chairman MacKendrick congratulated him on his appointment.
Appointment of Interim Fire Chief
The Board took up the matter of appointment of an Interim Fire Chief to replace Chief Paul Romano, who will retire on June 30.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to appoint Deputy Fire Chief Francis Lennon as Interim Fire Chief.
Chairman MacKendrick congratulated him on his appointment.
Proposed meeting schedule
Town Administrator William Gustus asked the Board to review the proposed meeting schedule for the upcoming months against their personal commitments and advise him of any potential conflicts. (See attached exhibit.)
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved the proposed schedule subject to future revisions.
Requests for use of the Common
The Board received a request from the Friends of the Lynnfield Public Library for the use of the common on August 4, 2009 for the rescheduled concert on the common and the Independence Day celebration, cancelled due to inclement weather.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved the request.
The Board received a request from the Lynnfield Rotary Club for use of the common on Tuesday, September 15 and a rain date of Wednesday, September 16 for the club’s annual Chicken Barbecue. The club also requested the display of a banner above South Common Street the week prior to the event.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board approved the requests.
Ice Cream Vendor License request
Mr. Gustus said the Board was in receipt of a request for a peddler’s license for Scott Considine, a local resident. The application was reviewed by the Police Chief and will be forwarded to the state.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board approved the application for a peddler’s license from Scott Considine.
Application for Recreation Commission
Mr. Gustus said the Board has received an application from David Sweeney for the Recreation Commission. The Board expressed an interest in having Mr. Sweeney appear for a brief interview at a future meeting.
Selectman Bourque also suggested that the Board have the chairman of the Recreation Commission attend a future meeting to discuss various matters.
Report on tax collector office investigation and resolution
Mr. Gustus reported to the Board on the outcome of an internal investigation and court proceedings regarding the theft of funds from the tax collector’s office.
Mr. Gustus said that Ann-Marie Francey Toland was hired by the town in 2005 and voluntarily left the town’s employ on November 21, 2008. Two weeks ago, she pleaded guilty in Peabody District Court to larceny and was order to repay all the money she took. She also received two years of probation and a six-month suspended jail sentence, which she will serve only if she does not comply with the terms of her probation, which includes turning over her pension contributions made as a town employee immediately and paying the remaining $1500 she owes the town over the next year.
Mr. Gustus reviewed the timeline of the actions taken by the town after the theft was discovered. Clerical personnel discovered on December 15 that two bills in the second-quarter tax mailing that was being prepared for mailing featured crossed-out amounts owed, replaced in handwriting by lesser figures.
They brought these bills to the attention of Tax Collector Christine O’Sullivan and Mr. Gustus, who with Town Accountant Julie McCarthy began an immediate investigation.
By looking at the accounts for which the bills were altered, they discovered that Ms. Toland-Francey, who had left the town’s employ on November 21, had failed to credit these accounts with payments made by check.
The altered bills showed the actual amount owed by the taxpayer had the checks been properly credited. Town officials quickly determined that Ms. Toland-Francey had credited the amounts paid by check on these accounts to other accounts, after taking the cash payments made on those other accounts and pocketing them.
In all, they found four taxpayers accounts where cash payments had been stolen, and two accounts to which the check deposits were left uncredited. Two other accounts were affected because Ms. Toland-Francey had filtered funds through those accounts prior to crediting the cash accounts.
The town engaged a representative of its regular audit provider, Melanson Heath, to review tax payments and billings back to 2008. It found no additional accounts had been compromised. In addition, no taxpayers had been overbilled, and all taxpayers had their payments properly credited to their accounts with the exception of those two accounts already identified.
Staff members of the Lynnfield Public Library checked within a three-day period all the outgoing bills to determine that all the bills that should be going out were present, and whether any of them had been altered. No additional problems were found.
Town officials also alerted Lynnfield Police about the theft, who involved the district attorney’s office. State police officers conducted the investigation based on the Town’s findings, interviewing taxpayers, town officials and Ms. Toland-Francey, who admitted to having taken $11,407 in tax payments during her employ. She admitted to taking a total of $17,000 in cash payments from the tax collector’s office, but had restored about $6,000 before leaving the town’s employ. She also admitted to coming into Town Hall on a Friday after regular work hours after she had left her position and altering accounts in an attempt to avoid detection. Mr. Gustus said Ms. Toland-Francey had turned in her keys when leaving the town’s employ but had apparently made a copy of the office key.
Mr. Gustus said the Town called the Essex Country Retirement Board and had Ms. Toland-Francey’s contributions frozen so that she could not withdraw them. She was not vested in the system. These funds totaled about $9800, and she agreed to sign them over to the Town as part of the restitution agreed upon between the defendant and the District Attorney.
Mr. Gustus said changing the locks at Town Hall would prevent former employees from gaining access to offices once they had left town service. He said he and Ms. McCarthy have discussed having tellers cross-check each other’s work each day, making sure the money totals balance the day’s receipts and that payments were credited to the proper account. Currently, each employee’s work is segregated to that employee’s terminal.
He also said that as part of the customary annual audit, Melanson Heath will conduct a comprehensive audit of the tax collector operation this fall.
Mr. Gustus said that had town personnel not detected the theft, taxpayers would have eventually complained that their payments had not been credited to the account and the scheme would have been exposed. He said that every system of accounting security is designed to prevent collusion between employees and detect theft after it has occurred, but none can prevent cash theft by a motivated thief with a good understanding of the operation. But it is impossible to get away with it for an extended period, he said.
Selectman Merritt asked about the cost of the fraud audit.
Ms. McCarthy said the fraud audit by John Sullivan of Melanson Heath cost the town $3,000, and town officials had asked the district attorney’s office to seek restitution of these costs, and the cost of time spent by town employees on the investigation. But these amounts were not included in the final plea-bargain agreement reached between the defense attorney and the prosecution.
Ms. McCarthy pointed out that Ms. Toland-Francey is currently unemployed, which may have been a consideration in the plea-bargain.
Selectman Bourque thanked Mr. Gustus, Ms. O’Sullivan, Ms. McCarthy, and all other town employees who worked on the matter, as well as District Attorney Jonathan Blodgett’s office. He also thanked the taxpayers affected by this episode for the patience and cooperation.
Selectman Bourque said many town employees were not very happy thinking this theft reflected poorly on them. In the end, Mr. Bourque said, it reflected poorly on one individual. He said that this one disgruntled employee, who had become disenchanted when the town would not create the position of assistant tax collector for her, stood in contrast to the hard-working and honest employees at Town Hall.
Selectman Bourque said town officials made very good decisions in their handling of the situation.
Chairman MacKendrick noted that many of the town employees took the theft as a personal affront. He said the actions taken by town officials and employees reflect well on the town. You can’t stop someone from stealing, you can only guarantee they’re going to get caught, he said.
All-alcoholic license transfer
Mr. Gustus said that the Board had received an application for the transfer of an all-alcohol restaurant license at 24 Broadway from The Ship Restaurant, Inc. to Mt. Vernon Ship, LLC.
Brett Henry, proposed manager of the operation said Mt. Vernon restaurant has been a fixture in Somerville for 75 years, and that the company opened Mt. Vernon at the Wharf in Revere six years ago, and would rechristen the Lynnfield restaurant Mt. Vernon at the Ship this summer. Mr. Henry said the Lynnfield location would feature seafood, including lobster, steaks and chops.
Chairman MacKendrick and Selectman Bourque have eaten at the Somerville location and gave it good reviews.
Mr. Gustus noted that before the board can properly approve the transfer, the town needs a copy of an executed purchase-and-sales agreement for the assets of the business, and a document evidencing a lease of the property. He acknowledged that such deals are often contingent on receiving the necessary governmental approvals. Mr. Henry said he expects to have documentation available this week.
On the motion Selectman Bourque, seconded by Selectman MacKendrick, the Board approved the application contingent upon the receipt of an executed purchase-and-sales agreement and a document evidencing a lease of the property.
Year-end budget transfers
Mr. Gustus put before the Board three budget transfers that under state law could be accomplished by vote of the Board and the Finance Committee without town meeting approval (see attached exhibit).
The first set was a series of transfers from various Police accounts and Fire alarm salaries to Fire Department overtime and call accounts and Fire Alarm expenses, totaling $32,292.62.
The second is from library director salary and library staff salary,
The third corrects a rounding issue on the school bond issue of $8.76
On the motion of Selectman Bourque, seconded by Selectman Merritt, the transfers were approved.
Discussion of volunteer boards and commissions
Mr. Gustus said that following newspaper publicity surrounding contentious circumstances surrounding recent Conservation Commission meetings and many residents of the Pillings Pond area, relations have become strained due to a failure of communication and understanding of the goals of each group. He said he did not bvelieve the two grouyps’ goals were far apart.
Mr. Gustus reminded residents, people who sign on to serve on the town's board such as the Conservation Commission volunteer their time. We may not always agree with what they do, but we really need to treat them with respect, he said.
In a letter to the selectmen, members of the Pillings Pond Association asked to come before the board to discuss the issue. Mr. Gustus said Conservation Commission Chairman Denise Young and Conservation Administrator Betty Adelson also welcomed an opportunity to come before the board and explain their views on these issues.
Mr. Gustus said he hoped that the August 17 meeting would allow a chance for both sides to express themselves and repair the strained relationships and get some forward motion on a pond management plan. The selectmen have already agreed to fund the development of a long-term management plan.
Chairman MacKendrick agreed to include the matter on the August 17 agenda.
Selectman Merritt, who has previously served on the Finance Committee, School Building Committee and Economic Development and Housing Advisory Committee, said that in general, Lynnfield has earned a reputation as a community in which discourse is generally civil, even when the issues involve issues in which the stakes are high for residents. But he said the occasional problem with uncivil comments extends beyond the current controversy with the Conservation Commission.
Selectman Merritt said that held true during the sometimes-controversial school building project, where an organized “Vote No” group was always civil, and during the debate on the Meadow Walk proposal, in which neighbors were at times impassioned during the five public forums and various other meetings during the approval process.
They were all done very civilly, Selectman Merritt said, noting the consultants who worked on these projects were all very complimentary about the way Lynnfield goes about its business.
Merritt warned that a lot of people come close to not serving in a volunteer capacity because of their concerns about being mistreated by members of the public unhappy with their decisions. He reminded those with strong feelings about town issues that they are “always welcome to apply” to serve on town boards. He said it is important that citizens stay active, trust the volunteer form of government, which is really the best kind of government, and stay civil. If the level of civility in public discourse falls, he warned, the town may lose some of its volunteers.
He also warned that those engaging in uncivil debate could find the tactic backfiring, as the public could become unsympathetic to their cause.
In other business
Chairman MacKendrick urged residents to support the Reid’s Ride fundraiser being held on Saturday.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board adjourned at 7:46 p.m.
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