Selectmen's Meeting Minutes - December 6, 1994
Selectmen Attending: Judith Murdoch, Charles Flynn, Joseph
Frisoli, Chair; Peter Jones and Catherine Kuchinski, Clerk. Also
attending: Joe Nugent, Executive Secretary to Board of Selectmen.
I. Opening: Chair Frisoli called meeting to order at 7:05pm
requesting the warrant and bills be signed.
II. Award of Prizes for the 175th Anniversary Raffle: As Chair of
the 175th Anniversary Committee, Selectman Kuchinski was pleased
to announce the winners of the cash prizes drawn at the
Committee's meeting the evening before: The $50 prize was awarded
to Mr. J. Foley of Hanson; a $100 prize was won by Barbara Hall
and Lil Baker who are tellers at the East Bridgewater Savings
Bank; a second $100 prize was won by Marie Stadnick of Hanson;
the $250 prize was won by Richard Wilcox of South Boston and the
grand prize of $500 was won by Laura Richter of Hanson. A total
of $1000 was awarded. Laura Richter and Marie Stadnick were able
to attend tonight's meeting to receive their checks in person and
have their pictures taken for the Committee's events memory book.
III. Announcements: (1) Kiwanis - Christmas House Tour: Notice
given again on the Sunday, December 11th House Tour: 1-5pm; cost
of $10 now and $12 that day. (2) Items for sale for 175th
Anniversary: Kuchinski noted that glass mugs and glass Christmas
ornaments are available.
IV. Edison Company's Request for Joint pole service with NYNEX:
In accordance with decision at last meeting, Selectmen considered
action requested to make the existing poles at the following
locations joint poles for the utility companies: 8 poles north on
Carriage Road from Washington Street; 8 poles west Sleigh Drive
from Carriage Road; 14 poles east Wagon Trail from Washington
Street; 6 poles west Surrey Lane from Carriage Road. After a
short discussion on the purpose of joint poles differing from
double poles, the following motion made: Motion 12/6/94.1: move
to allow Edison's request for joint pole locations as discussed
this evening. Motion made by Murdoch with second by Flynn.
Motion carried 5-0.
V. Vote Conflict of Interest Exemption: Ed Reed has been advised
to seek an exemption in order to continue working as a call fire-
fighter. Reed is also employed by the Water Department.
Selectmen asked about frequency of calls (few); and the rate of
pay/overtime issues (pay rate is "blended" between two
positions). Motion 12/6/94.2: move to approve an exemption under
section 20B of MGL chapter 268 8A in order for Ed Reed to
continue as a call firefighter. Motion made by Murdoch with
second by Jones. Motion carried 5-0.
VI. Citation - W-H Panthers SuperBowl Champs: W-H Panthers team
represented by Bill Frazer, JJ Frisoli and Steve Wozniak to
receive official citation congratulating them as Division 3A 1994
SuperBowl Champs and being the first Team to hold record of 11-0.
VII. Draft Nepotism policy for police: police chief presented his
requested policy for consideration in which new hires for full
and parttime positions in the police department are restricted
from those related by blood, marriage or step/household
relationships to officers already employed by the Town. Chief
Berry indicated that there was precedent to do this. Chair
Frisoli mentioned receipt of letter from a resident requesting an
Executive Session with the Board to discuss this matter. Nugent
directed, upon request from Kuchinski, to contact DA's office for
a ruling. Concerns for officers responding as back up to scenes
involving family members, lack of service to hometown, tradition
etc were discussed. Entire matter placed on hold until December
20th wherein citizen input would be heard. Jones wanted input
from Wage and Personnel By-law Committee. Also discussed was
possibility of establishing a hiring interview/testing procedure.
VIII. December 7th Special Town Meeting: The meeting held in
Whitman on December 5th to consider the two articles on the
warrant was decided as follows: the first article on paper ballot
failed 264 to 218; and the second article was passed over.
Frisoli notified the Board that the Town Moderator would be at
the meeting site to open and dissolved the meeting. Peter Muise
of the School Committee voiced his disillusionment noting that
the children and even the taxpayers would be the ultimate losers
in the long run. Overcrowding to continue and buildings will
deteriorate. Flynn called for a committee comprised of the
Hanson School Committee members, long range building committee,
selectmen meet to develop a plan for Hanson children. Murdoch
cautioned against actions which might be construed as divisive;
that members of committee should embrace Whitman people as well.
No member of the Board wanted any action to be misconstrued
against regionalization or the economic feasibility for
regionalization. Jones stated he thought the need for the next
committee should be lead from the School Committee with the
support of this Board. Muise thanked the Board for their support.
Further discussion occurred when Moderator Mann and former
school committee member Wilbur Danner arrived. Mann sought
procedural clarification. Danner voiced desire to have meeting
take place. He stated Whitman people were given misinformation.
Kuchinski asked the cost for a meeting. ($700 roughly).
Moderator felt Town Counsel was not needed as long as prior
telephone conversations could answer a question or to being
discussed this evening. Nugent instructed to make phone calls
and to notify cable that Town Meeting would be held. If quorum
there, meeting to be opened, entertain motion, presentation, and
vote by paper ballot. The articles are not amendable. If no
quorum by 7:45 or so, Moderator will dissolve the meeting.
Since Charlie Mann was at this meeting, Selectman Flynn took
the opportunity to publicly thank him for his years of service to
the Town. The Board wished him well. Chair Frisoli inquired
about honoring the SuperBowl champs. Mann will be doing so.
Kuchinski asked about formal State House citations for the
February 22, 1995 event for the anniversary kick-off. He thought
the new state representative should have the honor of making
request. Time not considered a factor for this type of request.
IX. Special Counsel - Board of Appeals: This request had been
made at the last meeting and was held for information on the
Baker Street Lot 9 issue to be supplied to Board. Selectmen did
receive information that the proposed counsel already had a suit
against the Town. This practice of hiring someone engaged in a
matter working opposite the Town was frowned upon by several
members of the Board. Kuchinski stated that if this thought
process was agreed to, it should also be followed in other areas
such as engineering services. Motion 12/6/94.3 move to approve
use of Special Counsel for Board of Appeals in the lot 9 Baker
Street situation as long as the Town did not employ two counsels,
that the hourly rate of Special Counsel did not exceed rate of
Town Counsel and that Special Counsel was not currently engaged
in any matter against the Town. Motion made by Jones with
second by Kuchinski. Motion carried 5-0.
X. Karen Zaitz - Baker Street/Board of Health issue: She thanked
the Board for the time and reported that she attended a meeting
with the Board this evening and progress is being made. She
still believes a problem exists because Alan Dias is related to a
member of the Board of Health who made a decision on the matter.
A letter she wrote to the Board of Health dated 12-2-94 was read
for information. Mrs. Zaitz was pleased to note that Alan Dias
is willing to take the questionable stump out, but that the cost
of disposable will apparently be a civil matter to be handled by
her attorney. She will keep the Board informed.
XI. Common Victualers' License Renewals: Annual renewals are
brought at this time of year. It is noted that all taxes and
fees owed to the Town have been paid. Businesses requesting
renewal licenses are: A.L. McCarthy Pub, Spring and Whitman
Streets; Berry N'Ice Cream (Heidi Hollow Farm), 156 Liberty St;
Captain & I, Indian Head Lake Plaza; Cataldi's Restaurant, Main
Street; Charter Marketing, Main Street; Coffee Express, 12
Monponsett St; Dunkin Donuts, 487 Liberty St; Elena's Restaurant,
252 Main St; Hanson A.A., Reed Street; Hanson American Legion
Post #226, Robinson St; Hanson Bowladrome, Reed St; Hanson
Tavern, Main St; Mike's House of Pizza, 309 Main St; J.J.'s Pub,
16 Liberty St; McDonald's, Liberty Street; Olde Hitching Post
Restaurant, 48 Spring St; Phil's, Main St; Alfred & Paul's, 60
Monponsett St; Santoro's, Liberty St; Shaws', Liberty Street;
Spiro's II, 1064 Main St; Stripes General Store, 156 Liberty St;
The Cafe Deli, 1280 Main St; The Golden Roll, Liberty & County
Road; Village Mini Mart, 903 Main Street. Motion 12/6/94.4 move
to approve the issuance of Common Victualers' 1995 licenses for
the businesses listed. Motion made by Murdoch with second by
Flynn. Motion carried 5-0.
XII. Annual Liquor License Renewals: Annual renewals are brought
at this time of year. It is noted that all taxes and fees owed
to the Town have been paid. Businesses requesting renewal
licenses are: 1. Phyllis Rhoads dba J.J.'s Pub; 2. Hanson Tavern,
Inc. dba J.&R.'s Pub, Richard Rice, Mgr; 3. House of Pizza,
George Spyropopoulos, Mgr; 4. Keeoffi, Inc. dba Cataldi's
Restaurant, Robert Cioffi, Mgr; 5. Pina, Inc. dba Alfred &
Paul's, Paul Pina, Mgr; 6. Hanson Athletic Association, Inc.
William Ruel, Mgr; 7. Hanson American Legion Post #226, Theodore
J. Weiner, Mgr; 8. Olde Hitching Post Restaurant, Inc., Arthur
Leanos, Mgr; 9. A.L. McCarthy Pub, Inc., Andrew L. McCarthy, Mgr;
10. 14-58 Liquors, Inc., Stephen J. Luke, Mgr; 11. Alfred
Liberatore dba Stripes General Store; 12. Village Mini Mart, Paul
G. Behan, Mgr; 13. Hanson Plymouth Liquors, Inc., Michael T.
Allegrini, Mgr; 14. Elena's Restaurant, Inc., Peter Cimorelli,
Mgr; 15. Novak, Inc. dba Phil's Restaurant, Martin Novak, Mgr.
Discussion was to vote the block as one request. Motion
12/6/94.5 move to approve the issuance of Liquor licenses for
1995 for all businesses listed. Motion made by Murdoch with
second by Flynn. Further action on this motion was held a
short time in order to allow Chief Berry time to return to the
meeting. Upon arriving, the Chief was asked to give further
information on the November letter in which he indicates that the
Board might wish to review the license issued to JJ's Pub. He
bases his comments on recent court admissions by Randolph Smith
of Hanover, a patron of the establishment on November 5th. The
Chief also stated that he has had little cooperation for TIPS
training attendance form this establishment. Motion 12/6/94.5
was withdrawn. The Chief had no other comments regarding any
other establishment on this list. Motion 12/6/94.6: move to
approve the 1995 licenses for #2-15 named establishments which
would exclude JJ's Pub at this time. Motion by Murdoch with
second by Flynn. Motion carried 5-0. Discussion occurred on
procedure to bring owner/manager of JJ's Pub before the Board to
discuss this matter. Motion 12/6/94.7: move to set a hearing for
December 20, 1994, on the license application of Phyllis Rhoads
dba JJ's Pub Motion made by Kuchinski with second by Murdoch.
Motion carried 5-0.
XIII. Update on MBTA matters: the Town's MBTA representative,
Wilbur Danner gave the Board copies of recent correspondence with
the T. He is looking for all past questions to be answered prior
to pushing for another meeting with the MBTA here in Hanson.
XIV. Acceptance of Minutes: Motion 12/6/94.8: move to approve the
minutes of November 8, 1994 and the November 15, 1994 open and
executive sessions minutes. Motion by Flynn, second by Kuchinski.
Motion carried 4-0-1 (Jones not present for meetings).
XV. Executive Secretary's Report: Nugent noted: (1) Board of
Selectmen on the agenda of the Water Department for December
14th. He will check the time and notify Board members; (2) that
various departments are inspecting complaints on Ferris Street
property; (3) departments are making the necessary inspections
for the Rooming House license for Hanson Country Manor; (4)
Registrar's request for use of Town Counsel: a recount of the
State Representative race between Marini and Donnelly has been
scheduled for Sunday, December 11th at the Fire Station. The
request for the use of counsel was not informative as to the need
other than the two candidates are entitled to have counsel and
therefore the Town registrars were looking for counsel. Input
was received from several Board members. Motion 12/6/94.9: move
to direct the Executive Secretary to contact the Secretary of
State's office for elections to verify the purpose of use of
counsel. Motion made by Murdoch with second by Flynn. Motion
carried 4-1 (Kuchinski; she also asked that other Town Halls be
contacted as to their procedures as well.) (5) Burne's Chapter
61 property transfer request: the only department to send back a
response on this 61A matter was the Water Department. The Board
knows that this parcel contains the third best out of 10 sites
from bedrock well testing previously done. At present time there
is no plan to attempt to go further with bedrock testing. Nugent
also notified the Board that the property is in private (personal
instead of corporate) ownership. Kuchinski noted that ownership
transfer information given at last Town meeting indicated that
the trust intending to take possession of the property would a
Burne family member trust. It was also noted that the time did
not appear appropriate to have the Town exercise its right of
first refusal on the property in order to proceed with a
municipally owned facility. Motion 12/6/94.10: move that the
Town issue to Burne a notice of waiver of the Right of First
Refusal on this 135 acre parcel. Motion made by Flynn with
second by Jones. Motion carried 5-0.
XI. Industrial Park Land: Ken Marsden again wished to address the
Board to make known in public his concerns that he felt
inappropriate opinions have been passed along to Marta
Technologies, the potential purchaser of land in Hanson (either
the two lots in the Industrial Park or acreage from Marsden on
Phillips Street. He addressed the issue of low value on the lots
owned by the Town in the Industrial Park; wanted information
gathered from any appraisal preferably an independent appraisal.
He also asked if signed agreement would be public record. After
the matter was further discussed, the Board was informed that the
requested change of additional extension period was deleted. The
Board then carried through with their intention to sign the
Option to Purchase sent by Marta Technologies for $185,000 for
the 2 lots (#11 and 14) in the Industrial Park.
XII. Action Requests: (1) Re-appointment - Thomas Hall Memorial
Committee: In light of the cy pres motion allowance by the
Probate Court and as chair of the Thomas Hall Memorial Committee,
Selectman Kuchinski requested fellow Board members to re-
appointment former Selectman Robert Andrews as the Selectmen's
designee to the committee. Motion made by Kuchinski with second
by Jones. Motion carried 5-0. (2) Rockland Landfill matter:
Kuchinski asked for the Board's support that DEP be informed that
Hanson Selectmen support the Consent Order as written calling for
Rockland to adhere to the height configuration as proposed and
approved in 1974 plans. Support voiced and Executive Secretary
instructed to contact Hanover for information and possibly
scheduling a joint meeting on the matter. (3) Update on Route 58:
Flynn asked for update on street light construction. State is
behind their recent projection by a week. Nugent informed the
Board that the three remaining items on the 4 page punch list
deal with property damage issues. (4) Road Resurfacing Update:
Flynn asked Nugent to invite Mr. Harris to next meeting to give
the latest update on work done on the $500,000 question. Nugent
noted that work has been done on George Street as requested by
residents last spring. County Rd and Liberty St intersection:
the problem of poor design here again was discussed including the
possibility that Mr. Harris could paint a yellow line to properly
direct the traffic around. (5) Assessor's car: Frisoli noted he
requested Board of Assessor's policy on the use of the vehicle on
November 8th and that no response has been forthcoming.
Executive Secretary instructed to again request the Assessor's
rationale for car usage for the Selectmen's December 20th
meeting. The draft of the Vehicle Use Committee report should
also be available prior to the December 20th meeting. (6) Staff
Christmas Party - December 9th at Senior Center.
XIII. Adjournment: Motion 12/6/94.11: move to adjourn. Motion
made by Flynn with second by Murdoch. Motion carried 5-0.
Adjourned at 10:10pm.
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