HANSON — Selectmen and Bluegrass on the Bogs producer Michael Foster came to some agreement on the need to negotiate insurance and police detail coverage for the annual festival during a second discussion on the event in as many weeks on Tuesday, April 12.

But also for the second time, tempers flared over concerns centering on Camp Kiwanee contracts and what parts of the conversation could have posed an Open Meeting Law violation, this time prompting interim Town Administrator Richard LaCamera to lose patience with some comments made during the discussion and to leave the meeting early.

“I’ve had enough,” LaCamera said after the discussion had concluded, as he gathered his files and left.

The Board of Selectmen had also met with the Recreation Commission and its Administrative Assistant Nicole Campbell during the Tuesday, April 5 Selectmen’s meeting to discuss a departmental audit, contracts and procurement policies.

Prior to that at-times heated session, Selectmen Chairman Bruce Young read a statement into the record admonishing that the purpose of the discussion was to “address going forward, as soon as possible” issues highlighted so far by the town’s annual audit.

Last week LaCamera had also sited liability concerns he had about Bluegrass on the Bogs, stemming from lack of insurance and alcohol consumption, the permitting of RVs onsite in violation of camp rules, trash disposal, septic demands, staffing shortages and a failure to arrange for police security details.

Those issues were discussed Tuesday night, with Fire Chief Jerome Thompson Jr. and Police Chief Michael Miksch asked to attend. LaCamera had also discussed the festival concerns with the Board of Health earlier in the evening April 12.

Chiefs consulted

Recreation Commission member James Hickey said he had spoken with both chiefs Thursday, April 7, and reported they had found no incidents recorded in the logs during the festival weekends over the last three years.

“With any event up there, the Fire Department’s concern is access,” Thompson said. “Some things have arisen about this event, but they were quickly taken care of as far as any permits for tenting or storage for propane.”

He said he does an inspection the Friday before an event and a few times during the course of it.

“I’ve had no issues any time I’ve gone up there prior to the start of the event — or any event — and had any code issues or anything I wanted corrected,” he said.

Miksch said he does have some concerns, not only about access and parking for the festival, but indicated there have been issues with other events at Camp Kiwanee. His biggest concern about the bluegrass festival centered on it’s rapid growth over the last three years from about 300-600 over two days to an estimated 1,000 expected this year.

“The way, from a police standpoint, that I have to look at things is what is the venue, what is the audience and what are the factors, such as alcohol, that are involved,” he said. “That really changes things.”

Foster replied he can help control the issues of concern Miksch cited. This year, the festival will feature 22 bands from the six New England states and New York City.

“I’m the perpetrator of this event,” he quipped. “I have complete control over the number of people that come. I pre-sell tickets online and I can shut things down at any point, which is what I did last year.”

Foster said alcohol is not permitted at the festival, but a Hanson resident said she had seen drinking when she visited the festival with her two children, challenging Recreation Commission Chairman David Blauss’ statement last week that it is a family event. Another resident in the audience challenged that accusation.

“There was alcohol, I’ve seen it,” the first woman said.

“Just because there’s a red Solo cup, doesn’t mean there’s alcohol in it,” the second woman countered. “I understand there’s a song about it, but it doesn’t always mean that.”

Miksch said he had not seen incidents during events with an alcohol license, unlike after-event drinking.

“You’re putting a liability on the taxpayers,” he said. “You can’t have it. We have rules that say you can’t have it.”

If alcohol is permitted, detail officers would be required, Miksch said, and Foster agreed.

The town’s insurance agency is reviewing the festival’s insurance policy at LaCamera’s request to determine where it needs to be supplemented for alcohol consumption on grounds, cabin rentals, possible assaults or sexual abuse and indemnification to hold the town harmless.

He suggested that earlier planning next year might help.

“It’s gone so smooth for so many years, that nobody’s really brought up many concerns so we haven’t had the urgency before,” Blauss agreed.

The discussion that set tempers flaring this week began after Selectman James McGahan asked for LaCamera’s clarification on concerns he had expressed April 5 about the responsibility for signing rental contracts at Camp Kiwanee. McGahan did not see where the Town Administrator Act came into play on the issue.

“I thought we were supposed to be talking solely about Bluegrass on the Bog,” Hickey said of discussion on by-laws governing that point.

“We’re talking about bluegrass,” McGahan said. “This function’s coming up, we’ve got to get it resolved this time. You’re [LaCamera] talking about changing it because you’re going to add the indemnification into it, and I see nothing in writing, specific in terms of who’s supposed to sign it.”

LaCamera, Blauss and other Recreation Commission members had entered a back-and-forth debate on the bluegrass festival issue at the April 5 meeting until McGahan objected the range of discussion was in danger of violating the statement of intent Young read at the start — and perhaps the Open Meeting Law, as the festival had not been specifically mentioned on last week’s agenda.

That was when it was decided to place the festival discussion on this week’s agenda.

Contract process

“I’ve looked at Chapter 30B up and down and I can’t find where it says whose supposed to sign contracts,” McGahan said this week. He asked for clarification on that point while the insurance policy is being reviewed. “I think it’s so vague that we’ve been doing it this way so that’s why we’ve been doing it this way.”

LaCamera said that is not the case and that every contract concluded by the town should go through the town administrator and selectmen.

“One of the problems is the by-laws are out of date,” he said, adding they are out of synch with state statutes. “They need to be completely rewritten and I was not going to undertake that while I was here.”

Young sought accurate information about where contracts go after rentals are signed. He said a check with a restrictive endorsement stamp should be stapled to a signed copy contract and forwarded to Town Hall where the rate should be cross-checked to flag any inconsistencies.

“If all that had been in place, a lot of stuff we’re talking about now never would have happened,” Young said. “It would have eliminated half the things in this audit report.”

LaCamera said last week that over three years, instead of being charged $4,500 to lease Camp Kiwanee, the production company has been charged $1,000 — and was charged $2,500 this year.

“There’s a number of concerns that I have, that I know the police chief has, the Board of Health has about this festival,” LaCamera said. “This is not a nonprofit organization, this is a company that is looking to make money.”

A former Recreation Commission member argued its purpose is not to make money, but that it does through rentals and that it should be used to subsidize recreation. LaCamera argued between salaries and expenses, “it’s pretty much break-even.”

The town’s auditor — Lynch, Malloy, Marini LLP — has made some suggestions and comments concerning documentation of employee work hours, integration of the Camp Kiwanee computer system into the town’s system, adherence to the fee schedule for rental facilities, improved tracking of receipts, the need for an inventory log and a better process for issuing beach passes.

LaCamera was also taking a “closer look at some of those issues” at the auditor’s recommendation. Those issues, Young noted, were not up for discussion last week.

Computer integration with the town system has already been addressed. A time clock, as is already used at the beach area and other town departments, is required by federal and state law and will be installed at the Camp, LaCamera said.

Auditors also noted “multiple instances” in which groups paid a reduced cost to rent camp facilities without authorization “in accordance with established policies and procedures,” and recommended a secondary review of all contracts. Gaps were also noted in the numbered sequence of receipts, prompting auditors to recommend an investigation.

By Tracy F. Seelye, Express editor
[email protected]

[Correction]

HANSON — Both towns will be voting on contingency, or “lump sum” articles at town meetings to fund the fiscal 2017 school budget, which depends on a single override question passing at the ballot box should town meeting voters support such a move.

While Whitman Selectmen were voting to place a $1,726,588 ballot question for its share of the assessment increase in the $49,714,344 WHRSD operating budget on Tuesday, April 5, Hanson Selectmen were discussing their options with town counsel in a meeting attended by the School Committee, its attorney and an overflowing crowd of interested residents.

With a successful override, Whitman’s assessment would be $12,719,345.

The 20.15-percent local assessment increase includes 3.5-percent hike inside the levy limit with the balance contingent on a Proposition 2 ½ override in both communities. The total increase outside the levy is $3 million, apportioned based on student population.

In the end, the Hanson Board of Selectmen voted 3-2 to place a $1,241,141 article and ballot question for its share of the increased assessment, which would raise the town’s assessment to $8,956,207. Selectmen Don Howard, Kenny Mitchell and Bill Scott voted to place the contingency article while James McGahan joined Selectmen Chairman Bruce Young in preferring a tiered question. That option would have broken the override total into several layers of financial options for funding the school budget.

Town Counsel Jay Talerman and School Committee attorney James Toomey agreed last week via conference call that the tiered option is legal, but Talerman cautioned it could have “unintended consequences.”

“My experience with pyramid overrides — take it for what it’s worth — is it doesn’t usually work out the way you think it would,” he said. “There are a lot of unintended consequences. The no votes tend to pile up pretty quickly. There’s a lot of uncertainty.”

The state recommends an explanatory phrase that the highest amount voted yes to on a pyramid, or tiered, question will be the operative amount.

That was a main reason McGahan found a tiered question preferable.

“There’s a lot of pressure here tonight for us to vote it one way,” McGahan said of the contingency article and question. “You don’t understand that, with the pyramid approach, there’s a good chance you could get the $1.2 million. It’s something to think about.”

Young had framed some sample questions for Selectmen to discuss, including one that offered funding choices from between $1.2 million down to $1,000. He did not support the contingency question for that reason.

“I believe people should have a choice,” Young said. “I represent all the people in Hanson. I support education in the town of Hanson, but I like to go with a choice of what people are willing to give back to the school system.”

Resident John Barata asked if a tiered approach would become the “new norm” for overrides in town. Young replied the only reason it was being sought now is because this was the first time the option was explained to them. McGahan said it was unlikely to come up much in the future.

Selectman Don Howard, a Hanson resident since 1948, said he built his house in 1960, eight years after graduating high school from the Indian Head School — and has seen three children and six grandchildren attend W-H schools.

“I feel, as an adult, I’m responsible for the children in our town,” Howard said. “All the [tax] money I’ve spent, I’m glad I spent it. … There are a lot of people in town that don’t want to pay for the schools, and I understand that, because the tax burden in town is getting quite high. … I believe in doing everything for the children.”

Had Hanson Selectmen approved the pyramid question while Whitman’s voters were faced with a contingency question, it would send the question back to the School Committee — just as would happen if one town approves an override while the other defeats it. The School Committee would then recertify its budget and has the option of coming back with the same figures.

Should that occur and the towns split decisions a second time, the issue would go before a so-called Super Town Meeting.

Ironing out some of those wrinkles is why the two boards sought out legal opinions.

“We narrowed the scope of what you all can talk about and discuss, in terms of whether it’s a single number or a few different numbers,” Talerman said of the conference call.

He said the menu option discussed last week was ruled out as something better used for municipal overrides and Town Meeting votes only on the school budget’s bottom-line figure.

“The purpose of the ballot question isn’t to appropriate anything, it’s just to increase your levy limit,” Talerman said. “Attorney Toomey and I are in agreement that you can’t confine the schools’ line items in their budget.”

He said using the menu option, as explanatory material would be instructive for voters, but added the schools must be able to spend their bottom-line figure where it is most needed.

“There may be an opportunity below the ballot question to provide some explanatory material, subject to the restrictions of the Office of Campaign and Political Finance, but I’m concerned — and I think Attorney Toomey is concerned as well — as to putting [the menu of Student Success budget elements] it in a ballot question itself,” Talerman said. “I think there’s plenty of opportunities to educate the public.”

A School Department breakdown of where new staff hired under the Student Success budget shows an equitable distribution between the two towns.

“I think that’s terrific,” McGahan said.

After reading into the record some social media posts critical of some of the selectmen, McGahan said he did agree with one post arguing that if the public is expected to trust the School Committee regarding the need for the Student Success budget, they should also trust selectmen on how to fund it.

“I don’t think those comments reflect every single person in this room,” School Committee Chairman Bob Hayes said. “I don’t think there’s anybody on the School Committee … or any of the citizens of the town who don’t trust every single person in this room.

Hayes noted that, as an elected board, the School Committee’s job is to advocate for the education of children.

“The citizens of the town don’t know the system’s broke if we don’t come forward,” he said.

McGahan suggested selectmen are also elected to do the School Committee’s job as well as governing the town, which elicited a loud chorus of disagreement from the audience.

“I have the right to care about what goes [on there],” he responded. “I’ve got three kids going to the schools, too — just like anybody else — as a citizen, absolutely, but also as a selectman to make sure that our kids are taken care of in our schools.”

Hayes acknowledged that all public officials are doing the best they can to help schools but that the towns people should have the opportunity to vote on whether or not they want to fund that mission, as voters are the ultimate funding authority.

HANSON — Lawyers for the town and Whitman-Hanson Regional School District are expected to meet Thursday, March 31 — along with Selectmen Chairman Bruce Young and School Committee Chairman Bob Hayes — to review the legal options open to the town regarding the form and procedures for a Proposition 2½ override ballot question in a regional school district.

The meeting is aimed at providing the answers selectmen need to vote on placement of the override article on the Town Meeting warrant or directly to a ballot by the Tuesday, April 5 deadline.

Selectmen also voted 4-1, with Selectman Don Howard dissenting, to select Michael McCue as the new town administrator pending the completion of a background check and successful contract negotiation.

Young had consulted the Department of Revenue (DOR) website at mass.gov/dls to determine what options might be open to the town and suggested one of two multiple-question overrides might best suit Hanson as it approaches the WHRSD budget for fiscal 2017.

“Basically, [MGL Ch. 59 Section 21] for some reason, makes the Board of Selectmen the appropriating authority, not the Town Meeting, for the placement of ballot questions,” Young said. “It also gives the Board of Selectmen various options as to how those ballot questions may be placed.”

A “menu” override would break the Student Success budget’s 20 program segments, approved by the School Committee on March 16, into separate questions from which voters may choose the ones they are willing to support.

A “pyramid,” or “tiered” form breaks such issues down into two or more funding levels. The traditional contingency article would have Town Meeting vote on May 2 regarding placement of a single funding question on the ballot.

The question is would either option to a contingency article — written concerning local school districts — be legal for a regional district?

School district counsel James Toomey argues it is not legal and town counsel Jay Talerman had not yet offered an opinion, which Young has sought.

“We need a complete and accurate picture of what the selectmen can and can’t do in relationship to the proposed assessment and subsequent override,” Young said of his request to Talerman. Young indicated the tier, if not the menu option, may apply based on Talerman’s preliminary review.

“The second section … explicitly provides a Town Meeting must act on the total budget and is prohibited from allocating from among accounts or placing any restrictions on the appropriated money,” Hayes read from an email from Toomey. “I think the vote has to be up or down, whether we like it or not. It’s a budget that has been voted upon by an elected body,” Hayes said.

Selectmen were referring to voting options on a Town Election ballot.

Former Selectmen James Egan agreed with Toomey.

“I’ve had a little bit of experience in this area,” Egan said. “The School Committee determines how to spend the money, it’s the role of he Board of Selectmen to determine how to get the money. You can’t do what [Selectman James McGahan] is saying about tiering and making choices … that is not the role of a Proposition 2 ½ override. … You don’t have the right to determine how monies are spent.”

Young said he agreed with that, and it’s why he questions the menu option.

McGahan favors a menu option because he said he does not believe an “all-or-nothing” ballot question would pass in Hanson.

“I personally don’t like the override approach,” McGahan said. “It’s too risky.”

He said on Wednesday morning that voters need to know in which of the towns additional teachers and security cameras included in the budget request will go, especially in view of declining enrollment in Hanson schools.

“If we’re going to support this, this, this, but not this and not that — it’s defeated,” Interim Town Administrator Richard LaCamera cautioned about voting in a different manner from Whitman, which would send the budget back to the School Committee. “A lot of those options that are in this 2½ ballot question only apply to local school districts. Most of the options having to do with the tier structure … doesn’t work in a regional school district, unless the School Committee accepts a lower amount.”

The W-H Regional School Committee unanimously voted on March 16 to transfer $750,000 from the excess and deficiency fund and to set a 20.15-percent increase to the towns’ assessments in support of a Student Success budget for fiscal 2017. With the assessment increase accompanying the Student Success budget, the total fiscal 2017 operating budget sought will be $49,714,344.

Hanson’s share of the operating assessment is $8,956,207 — with $1,241,141 subject to an override vote — based on student population and Whitman’s is $12,719,345 — with $1,762,588 subject to an override vote.

Superintendent of Schools Dr. Ruth Gilbert-Whitner stressed that the budget’s bottom line has increased only 1/10th of a percent and will actually fall short of level service without an override.

For Whitman voters, an override would mean an additional $1.24 per $1,000 in valuation [$336 per year on the average home value of  $270,940 to $558 on homes valued at $450,000], in Hanson, it would mean an additional $1.13 per $1,000 in valuation [$331 per year on the average home value of  $293,500 to $509 on homes valued at $450,000].

LaCamera said Hanson officials are proposing a 3.5-percent assessment increase, a figure, which would support the level-service school budget.

McCue chosen

Selectmen approved Michael McCue of Mansfield as its selection for the town’s next town administrator.

Young and McGahan reported they had each taken a finalist — Young checking McCue’s references and McGahan checking Sarah Smith of East Bridgewater — asking a dozen identical questions for each in conversations with all references.

Both said they received nothing but glowing responses for each candidate, but selectmen preferred McCue’s experience. He is currently town administrator Rochester, a post he has also held in Avon, and has served as an administrative assistant to selectmen in Mendon, as an Economic Development grants officer in Walpole and was a selectman in Mansfield for six years. McCue had been a finalist for Hanson’s former executive secretary position about 12 years ago when Michael Finglas was hired, and his parents have lived in town for about 20 years.

Young said he wanted “the best of the best” for the job.

“I lean, personally toward someone with more experience,” agreed Selectman Bill Scott.

McGahan said he struggled with his decision, and lauded Smith’s initiative in attending some selectmen’s meetings during the process.

“I liked her attitude, I like the way she conducted herself,” he said. “But I do think, if you’re looking at the résumé, if you’re looking at the experience, I would echo what Bill said.”

Selectman Kenny Mitchell concurred, but Howard voted for Smith.

“She’s new, she’s young and vibrant and I think she’d make a good candidate for the town of Hanson,” Howard said.

The board also voted to have a Norwell private investigation firm conduct a background check including a nationwide criminal,  civil and financial search; employment verification; academic degree confirmation and a nationwide media, news and public data search.

The W-H Regional School Committee has unanimously voted to transfer $750,000 from the excess and deficiency fund and to set a 20.15-percent increase to the towns’ assessments in support of a Student Success budget for fiscal 2017.

Assessments are apportioned based on student enrollment.

The 9-0 votes — member Steven Bois was absent — on Wednesday, March 16, came after a lengthy discussion on educational needs and financial challenges facing the regional school district.

“To recap where we are, we have a $1.4 million deficit for a level-service budget,” said School Committee Chairman Bob Hayes. “We also have a Student Success budget, which is a $3 million budget.”

With the assessment increase accompanying the Student Success budget, the total fiscal 2017 operating budget sought will be $49,714,324.

He stressed that the school committee could not put forth a Proposition 2 1/2 override, as that is a decision for the towns to make.   

For Whitman voters, an override would mean an additional $1.24 per $1,000 in valuation [$336 per year on the average home value of  $270,940 to $558 on homes valued at $450,000], in Hanson, it would mean an additional $1.13 per $1,000 in valuation [$331 per year on the average home value of  $293,500 to $509 on homes valued at $450,000].

A level-service budget means librarians, computer teachers, language classes and other programs and positions previously cut would not be returned. It does add some special education services mandated by law. School committee members estimated that a level-service budget would require at least a 3.5-percent to 5-percent assessment increase.

“Basically, it means we stand still,” said Superintendent of  Schools Dr. Ruth Gilbert-Whitner. “We do not move forward, but we don’t move back. Lately, we’ve been moving back. … We cannot move back — we can’t even stand still. We’ve got to move forward.”

The “three pillars” of the Student Success budget — healthy bodies/healthy minds, a cohesive pre-kindergarten to grade 12 system and safe/secure schools — include budgeting $500,000 toward reducing elementary class size, $400,000 to implement free all-day kindergarten, $320,000 to restore the library program, $240,000 to replace the grant funding the elementary science curriculum, $140,000 for two social workers, $70,000 for middle school foreign language programs and about $170,000 for music and art, among other line items.

“This wasn’t a pie-in-the-sky figure, it wasn’t a wish list,” Hayes said. “It was a well-thought-out list of what we need.”

budget online

The full list, as well as other budget information, is available online at whrsd.org. Hayes also said residents of both towns with budget concerns or questions may call him on his cell phone at 617-538-0189.

“Unanswered questions become problematic,” he said.

Whitman Finance Committee member Michael Minchello — a  former school committee member — rose to correct an incorrect statement made at the March 9 meeting about the tax impact of any override in Whitman.

A resident had said that, with the one-time computer virtualization debt exclusion going off the books this year, the average Whitman taxpayer would see a net reduction of $158 in taxes on a $250,000 house if an override passes.

“That’s how it was voted,” Minchello said. “Then we got some unexpected money from National Grid [being used for capital projects], and they ended up funding what would have been the override with National Grid money. So, our taxes didn’t increase, they actually decreased by I think a penny per $1,000.”

A few residents spoke at the meeting, supporting the Student Success budget before the vote, which received a standing ovation.

“We should reach for the stars,” said retired teacher Margaret Westfield of Hanson.

“The key is in the support,” Hayes said.

“There’s an ethical obligation to support education and to support the community,” agreed school committee member Fred Small.

“Support is definitely important, but I also think research is key,” said Whitman resident Shawn Kain. He noted average tax bills in both Whitman and Hanson are below average while median incomes are above average and cited economic statistics supporting increased investment in education.

Pre-kindergarten returns $3 for every $1 a community invests, Kain said quoting economic surveys pointing to a lower dropout rate and less need for remediation. Property values also benefit by $20 for every $1 invested, he argued. Adequate educational and support programs, such as social workers [see related story] increase the odds of equal opportunity for economic success as adults, Kain concluded.

“I think everyone’s basically on the same page and I feel energized,” Hayes said. “It’s the beginning of moving forward again if we get this voted in the positive. … This is not the end of this, this is the beginning.”