January 14, 1992 Present: James Haggerty, Chairman
Judith Murdoch
Robert Crowley
Robert Andrews
Warren Ellis
Jim Cadres was taken out of order to update the Board on the Police Chief Search Committee. He informed the Board that 27 applications have been received so far - 15 screened - out of that 6 will be interviewed. The Committee has run ads twice in the Globe, once in the Beacon, twice CGIS and will receive resumes until January 30. Mr. Cadres also informed the Board the committee has reserved 19 interview dates, questions and format being established. He outlined three issues that he was seeking clarification on:
1. Number of qualified applicants to be presented. Committee inclined to submit 3.
2. Did Board feel applicants should plan on relocating into Town or close by if chosen as chief.
3. Regarding a thorough background check, should it be done, by whom and depth of check.
Chairman took issues in order and polled each Board member relative to 1. Concensus of Board that the Search Committee should generate three to five. Will leave decision to Search Committee.
2. Majority of Board - Chief should live within undetermined distance of Hanson - 20 mile radius discussed.
3. Board felt background check should be done and majority felt search could be done by one member of the Search Committee, holding information and presenting to the Board of Selectmen.
The issue of cost was discussed. Left that prior to incurring costs, Committee should get permission from the Board.
Kathleen O'Brien, Health Agent, addressed the Board re Program for Radon detection. She explained the Town was given 100 kits and tested municipal buildings and distributed kits amongst the employees so they can test their homes and become acquainted with procedures re the test. There are 7 areas in town where the kits will be sold starting Feb. 1, 1992 at a cost of 9.95 a piece. Among them are Shaw's, My 3 sons Hardware, Town Hall, Hanson Hardware, Tedeschi's. She explained what radon is and how it gets in and different ways of addressing it. Board voted to support the program on motion by Mr. Crowley, 2nd Ellis, 5-0 vote.
Held meeting with Water Commissioners at which time Mr. Andrews left his seat as a Selectman and sat in the audience as a Water Commissioner. Mr. Haggerty brought up the use of Town Counsel and specifically a letter of opinion by Kopelman & Paige which outlined State statute as well as Town bylaws authorizing use of legal counsel within the Town. It was agreed by all parties that the Board of Selectmen are the sole agents for the Town in authorizing use of legal counsel. The issue re the Water Dept. use of Attorney Lampke was added as a concern of several Board members. Mr. Morway stated that he felt when the Water Commissioners were given permission by the Board of Selectmen to first use Mr. Lampke re the Dennison Case, that that permission also extended in allowing the Water Commissioners to use him
concerning other legal issues. He cited the fact that Mr. Lampke worked with the Water Study Committee of which Mr. Crowley was a member and also Mr. Lampke had attended a meeting with DOR at which the Exec. Secretary was present. The Water Dept. did not feel the Board of Selectmen had a problem with Mr. Lampke. Mrs. Murdoch stated that since she was not in favor of the lawsuit issue which originated use of Special Counsel whereby the Water Dept. and Conservation sued the Board of Appeals, that she certainly wasn't in favor of expending funds for Special Counsel at the Water Depts.' pleasure. Especially when it appears in the Rubino case as reflected in the most recent legal bills that we are paying two attorneys to talk with each other. Mr. Crowley stated that although he was aware Mr. Lampke was doing work for the Water Study Committee, he still had concerns similar to those of Mrs. Murdoch as to whether or not the Water Dept. should have open-ended
authority in using Counsel of their choice. Mr. Ellis stated that he supported the use of special town counsel in matters which the appointment of Special counsel was appropriate and was aware of permission being granted for Mr. Lampke to represent the Water Dept. and Conservation Commission in the Dennison suit. Mr. Haggerty went on to explain that his issue was not necessarily the past use of Mr. Lampke by the Water Dept., however, it deals with the continuing relationship on a variety of different matters that the Water Commissioners are using Mr. Lampke for, when in fact, he believes that the Board of Selectmen have the sole jurisdiction on any use by any Committee or Board concerning legal issues or the appointment of Special Counsel.
Mr. Morway asked if the Exec. Secretary had any thoughts on the issue. He responded by stating that although he was aware that the Water Commissioners had been using Mr. Lampke for work re the Acts of 1916 as well as the other issues that it was his understanding that the Board gave the Water Dept. permission to use Special Counsel in the case which the Water Dept. and Con. Com. filed suit against the Board of Appeals which has been referred to tonight as the Dennison Case. He did not realize that that permission was an ongoing permission and even though Mr. Lampke has been used, he stated he felt the issue should be clarified at this point.
Mr. Dahlberg from the audience stated as Chairman of the Water Study Committee, he felt that since the Water Study Committee used Mr Lampke and that the Water Commissioners agreed to pay for his services, and he felt that since not all residents in Town are on Town Water, that payment should be made from Water rates as opposed to the legal line. He did state final draft of the document was reviewed by Kopelman & Paige. Chairman stated that he felt whether out of Water Rates or legal line, it was all residents money and again restated that the authorization given for use of counsel lies solely with the Board of Selectmen. Motion by Crowley, 2nd Murdoch that the use of Special Counsel in any specific issue be voted by the Board of Selectmen 4-0 vote (Mr. Andrews did not participate) At conclusion, Mr.
Andrews returned to his seat.
Mr. Crowley and Mr. Ellis noted that the changes that were discussed in the past week have been incorporated into the Exec. Secretary job description. Mr. Ellis asked further the Board consider a change in the beginning paragraph be implemented by taking a phrase from the original job description. After a brief discussion, the Board agreed. He also stated that under section entitled "Personnel #3" that the Board strike the words "and selection". After brief discussion it was agreed. Exec. Secretary asked to make those changes and present a final draft for vote next week.
Some discussion held regarding acceptance of minutes of December 10 re the vote taken on Paper Streets. The original draft did not refer to whom made the motion. This will be corrected to Mr. Andrews moved, 2nd Ellis. With that change, Mr. Andrews moved, 2nd Ellis to accept minutes of 12/10. 4-0-1 voted. Crowley abstained.
On motion by Mr. Andrews, 2nd Ellis, Board voted 5-0 for renewal of Automatic Amusement device license for 4 machines for Hanson Tavern.
After explanation from the Town Clerk re the local redistricting plans submitted by the Board of Registrars, Mr. Crowley moved, 2nd Andrews to adopt same. 5-0 vote.
Mr. Haggerty read information from FEMA into minutes (on file) re the application filled out and noted the Town should be receiving approximately 32,000 in Federal funds and at some point, approximately 7,000 from the State for Hurricane Bob.
Chairman read letter from Atty. Generals office regarding an alleged open meeting law violation at a Selectmen's Meeting March of 91. Letter indicates that after investigation by the Attorney General's Office, that no violation took place.
Mr. Andrews sat in audience. Board began discussion on Snow St. regarding the layout of the street and in particular the installation of a bound by Mr. Robert Andrews. Executive Secretary explained to the Board that it was brought to his attention over the weekend as well as to some other 'Board members by John Dias, a property owner on Snow Street that Mr. Andrews had installed a large lally type column bound at the corner of his property. Upon investigation, Mr. Nugent stated that he and Mr. Ellis visited site with Mr. Dias and there was a question that without proper survey work, whether the bound was in the right place or not. However, it did protrude into the existing roadway known as Snow St. The Executive Secretary stated that he had conversation with Lt. Becker (Fire Dept.) and was informed
that the bound did not present a hazard for the Hanson Fire Dept. and that Lt. Becker informed him that Chief Calvin of Halifax feels that the roadway is passable, however, it might require caution on entering. Mr. Alan Dias stated that according to a deed for Mr. Andrews property, a copy he supplied to the Executive Secretary, states a right of way on that turn and asked that the Board look into it. He also asked the Board, for safety reasons, have that bound removed and he stated that Chief Calvin told him that he felt he could not get a fire truck down the street from Halifax. Mr. Dias also stated very close, serious accident situation that occurred as a result of the bounds over the last weekend. Mr. Haggerty stated that he would like a written report from the Police Chief, Fire Chief and Highway Surveyor as well as from the Halifax Fire Chief and we would could check DPW plans concerning that area and we would try to resolve issue in two weeks.
Mr. Dias also stated that he agrees with the location of the bound put in place by Mr. Andrews, however, he feels it may be a few inches off.
Mr. Haggerty read a letter from So. Shore Vocational Technical School re Teacher Deferral. Will rule next week. Contact other Towns and check the law. Mr. Nugent felt a new change did not require concensus and any Town could defer.
The Executive Secretary discussed Thomas Hall. He informed the Board he was given verbal permission from DEP to remove the contaminated soil at Thomas Hall in phone conversation with Kevin Fitta of CDM. The Executive Secretary was given several names of companies which could accept material based on lab results. Upon contacting one company, the Exec. Secretary informed the Board that it would cost approx. $45 per ton and there are approximately 150 tons of material. Also there is an extra cost of $275 for trucking the material. There will be discussions with the Highway Surveyor of some other options and he will establish a meeting with DEP over the next week or two regarding the removal of the material.
Mr. Nugent updated the Board on the Building Inspector Search Committee. There have been approx. 30 applications and the Committee is scheduling interviews on Thursday, the 16th. They hope to submit three or four names to the Board to take action.
He also reported on a meeting at Civil Defense and update on Emergency Preparedness plans at C. D. Headquarters. He said he would work with the Director, but recommended the Board ask the Fire Chief appoint a lieutenant as Assistant Director since this ties in with SARA and a lot of preparedness information. Board tended to agree.
Mr. Andrews moved, 2nd Ellis to adjourn. Voted 5-0 at 9:40 p.m.
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Judith M. Murdoch, Clerk
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