Selectmen's Meeting
August 22, 1995 Minutes
Present: Judith Murdoch, Charles Flynn, James Haggerty, Chair; Peter Jones, and Catherine Kuchinski, Clerk; with Joseph Nugent, Executive Secretary to the Board of Selectmen.
I. Announcements: A) Roads to be Paved: Haggerty opened meeting at 7:35pm by reading the Highway Surveyor's list of roads to be paved this fiscal year per bids received earlier this month. This list is on file at the Selectmen's office. B) State Street Bridge: Harris reports that work has not restarted but is expected to be finished by November 30. C) Atty. General Notification of By-law passage: the Town Clerk has been notified that the commercial Solicitation By-law has passed scrutiny on its third attempt and that By-law 2-1 section 4 adding language for Town Accountant certification of contracts can now be considered amended. Motion 8/22/95.1: move to send notice of by-law changes to all Boards and Commissions. Motion by Murdoch
with second by Flynn. Motion carried 5-0.
II. School Superintendent / Vocational Students: Dr. Avery and members of the School Committee, O'Sullivan, Cadres and Muise met with the Board to discuss out of district placement procedures for the Town. DOE has recent new policy that no 9th graders may go out of district; that no placements can be approved after April 1st of a school year. Motion 8/22/95.2: move to authorize the Superintendent of Schools (Dr. Avery) to oversee, coordinate, and approve as needed the out-of-district vocational placements and transportation arrangements. Motion made by Murdoch with second by Jones. Motion carried 5-0. Motion 8/22/95.3: move that all related bills (districts and transportation) be copied to the Superintendent's office with Town paying the bill. Motion made by Murdoch with second by Flynn.
Motion carried 5-0. B) Budget process: Haggerty noted this to be an ideal time to have dialogue begin for the upcoming budget process in order for the entire Town's needs to be seen as a whole. Dr. Avery requested that all agendas of various committees be sent to his office. ADA complaint: Avery reported that Mr. Bruno of the ADA office came to the Maquan School on August 16, 1995 and found items of non-compliance. It appears that the Town is aware of need to fix certain things and is in the process of coordinating same through ADA and Capital Improvement Committees. C) "The Committee" has not met for discussion or determination of what constitutes a "capital item" and for which entity to pay for same; be it the Town or the Regional budget. Committee off track because of the formation of the School Building Needs Study Committee. Motion 8/22/95.4: move to have attorneys meet and determine the meaning of the
term "capital item". Motion made by Murdoch, second by Jones for discussion. Motion failed 2-3 (Jones, Kuchinski, Flynn). It appears to be that "The Committee" should meet and clarify the issues (giving a list of types of capital items, interpretation as seen by various committees, etc.) and present a list of questions for perusal by the Board for authorization of legal services. To facilitate this happening Motion 8/22/95.5: move to invite Whitman Selectmen and School Committee to a joint meeting to discuss issues. Motion by Flynn with second by Murdoch. Motion carried 5-0. D) Reimbursement: Indian Head School is #286 on the reimbursement list according to Dr. Avery. E) IHS Field Dedication: Mrs. O'Donnell researching the School Committee vote taken years ago to dedicate the field in honor of Mr. Bernardo. Board wishes facts to undertake proper ceremony.
III. School Transportation Bid: Nugent informed the Board that Wallace and Wallace was the only bidder. Motion 8/22/95.6: move to award the transportation bid to Norfolk Agricultural School as ($35.95) per day to Wallace and Wallace. Motion made by Jones with second by Murdoch. Motion carried 5-0.
IV. Capital Improvement Committee / Sutter: MaryLou Sutter came to give a plea for more members for the Committee; any one interested should attend the September 6th meeting. No articles proposed for the October warrant. CIC has two items of general concern, those being Town Hall repairs reuse of existing space and potential changes for the whole building. Sutter also gave input on the previous discussion including the fact that the issue was placed on hold because of the potential use of 80% reimbursement if ADA items were fixed as part of school building designs. Kuchinski requested from Sutter the CIC status for repairs to be done to the living quarters for the firefighters. She noted that CIC had received no requests. Motion 8/22/95.7: move that the previous memo to all departments include
the Selectmen request that each Department submit their Capital Improvement list and their building repair list no later than November 1st. Motion made by Kuchinski with second by Murdoch. Motion carried 5-0.
V. Fee Schedule / Building Inspector: A) Fee Increase: Samuel Germaine requested increase of fees $.50 per square foot ($50/100 square feet) to new homes to be permitted. He noted that there would be no increase to fees for additions. He also requested permission to increase or promulgate fees on certain inspection certificates required by and to the figure set in state statute. He reminded the public that re-roofing and re-siding jobs also required building permits. Motion 8/22/95.8: move that effective September 1, 1995 the Board of Selectmen authorize the increase of fees as follows: $.50/square foot for all new buildings; $100 for each garage bay; Assembly Certificate to be $40 annually; Multi-family inspection fee to be $75 for every five years; Detoxification house to be $75 for every two years and
DayCare Centers to be $40 annually. Motion made by Murdoch with second by Flynn. Motion carried 5-0. B) Goals: Germaine noted that a State Audit has been performed and he is in process of overseeing the reorganization of the files. Each house will have its own jacket and all paperwork on that home will be housed in that jacket. Germaine indicated that the paperwork is tremendous and is presently getting an extra three hours per week for secretarial services in order to assist with the day-to-day operation of the office. 6 to 7 permits given out every Tuesday evening. Discussion ensued on giving the most effective coverage building wide - may need to negotiate an overlap schedule with clerical union. C) ISO Hurricane notice: Germaine handed out a notice to Hurricane prone which states approve ISO Building Code effectiveness grading program.
At 9:05PM Haggerty declared Board taking a break so that residents could take seats for next discussion.
VI. Factory Pond Dam issue: residents who live around the pond present with members from the Conservation Commission (Aiello, Gaffey and ConCom Agent Woodward). Haggerty asked everyone to identify as he/she spoke. Aiello began updating the Board by stating that the ConComs declared an Emergency situation at the Dam and have had two boards pulled from the sluice way allowing for 6 to 7 inches to be drawn down; a NOI hearing will be held; brushed has been cleared; ConComs are looking for engineer to do inspection - allowing Hanover Dam Safety engineer to develop RFP with Weston and Sampson and Aiello noted that the package of information presented to the Board today includes the awaited
updated DAM SAFETY report. Aiello also stated that the ConComs have no intention of bringing the ponds down beyond the point now (6-7 inches). Resident Al Hanscomb began the questioning of procedures followed by the ConComs noting that an emergency certificate is not a typical procedure; that the Office of Dam Safety characterizes the site as a "non- emergency" status; questions raised about the status of funding from Hanover, the contamination issue not being addressed by the ConComs noting that he personally is making arrangements to review 6 files kept by the EPA on this area. Abutters to the pond are concerned about exposure of contaminated sediments as well as responsible parties involved if contamination found. Kuchinski noted that DEP Waste Management is doing daily inspections of the area
and is in the process of compiling Notices of Responsibility regarding the contamination. Larry House reiterated concern that the pond not be drawn down for an extended period of time. It was noted that the 60 day period of time was the limit under the Emergency Certificate. Rick Vayo stated his opinion that the entire matter is not an emergency and does not want the pond drawn down. Walter Gassett of Winter Street wants the Dam repaired now forget about the contamination. Bill Shutt questioned the rate of draw down and wants it watched closely. He has pictures taken at the dam for the years 1992 and 1995 which show the far part of the dam more hollowed out. He volunteered to speak with Ernest Minelli who lives in Hanson and built the Hull sea wall. John Howard wants positive action now. Mary House questioned why the Hanson ConCom was allowing the Hanover boards to determine the actions over at this dam mainly in Hanson.
Howard Wallace questioned liability payments (50-50 split). Debby Hanscomb stressed her efforts on the telephone to seek information. Les Moloynox of Hanover Board of Health was recognized and he reported that Hanover Boards have no intention of not putting forth monies needed to match Hanson in its efforts to effect Dam repairs. He and members of the Board thanked Larry Morrill for all his efforts in educating as many people as possible on the various issues concerning the dam and contamination. Kuchinski requested that Al Hanscomb, Larry Morrill and Ernest Minelli expertise should be used by the ConCom and that a draft RFP be prepared for the August 29th meeting of the ConCom. Jones requested are available and should be used and that motives should not be ascribed to unknown parties.
Break declared by Haggerty at 10:32pm. Meeting reconvened at 10:40pm.
VII. Budget Tracking: printers not yet up so this item will be taken up at next meeting.
VIII. Sealer of Weights: A)Resignation: Mr. Wolfer submitted his resignation as Sealer of Weights and Measures because of an insurmountable problem with mileage reimbursement. Motion 8/22/95.9: move to accept the resignation of Mr. Wolfer as Sealer of Weights and Measures effective immediately. Motion made by Murdoch with second by Flynn. Motion carried 5-0. B) Appointment: Motion 8/22/95.10: move to appoint Arthur C. West of Hanover contingent upon his acceptance of the position's conditions. Motion made by Jones with second by Murdoch. Motion carried 5-0. West's answer expected by next meeting.
IX. Request for One day Liquor License: Cheryl Eggleston of Medford requesting license since they have sold tickets including liquor in the price for an event to be held August 26 at Camp Kiwanee. Board understands no policy exists on this point. Noting that there is no intention to sell liquor and requesting Nugent to make further inquiries, Motion 8/22/95.11: move to grant a one-day liquor license to Cheryl Eggleston for August 26 at Camp Kiwanee. Motion made by Murdoch with second by Jones. Motion carried 5-0.
X. Cub Pack 34 Fishing Derby: Pack is requesting the use of the Town Hall grounds for September 16 for the pack's 40 children to hold a fishing derby beginning at 9AM. Motion 8/22/95.12 move to grant Cub Pack 34 the use of the Town Hall grounds September 16th as requested. Motion made by Kuchinski with second by Murdoch. Motion carried 5-0.
XI. Executive Secretary's Report: A) Invitation to Eagle Scout Court of Honor. Matthew Spencer has forwarded an invitation to the Board to attend Saturday, August 26 in Whitman. Kuchinski gladly will represent the Board. B) Auction List: Nugent identified more parcels to be considered for the Habitat for Humanity possible project. Motion 8/22/95.13: move to hold Snow Street, Milford Street at Boston Ave and Acorn Road from the auction list. Motion made by Murdoch with second by Jones. Motion carried 5-0. Kuchinski noted for the Board that Warren Emerson has been working with Habitat for Humanity and he should be contacted for input. C) Updates: 1) road slips for work to be done; fire-fighters given response to their grievance; 3) Marini sending letter on the bounds issues re Route
58 and is preparing to assist Water Department for their Route 58 monies; 4) Warrant articles due Sept. 5th for the October Town Meeting 5) Historical Commission Grant: Kuchinski asked Nugent to give update - a $5,000 grant has been received by the Historical Commission. Motion 8/22/95.14: move to send a letter of congratulations for fine work done by the Commission in obtaining the grant. Motion made by Kuchinski with second by Murdoch. Motion carried 5-0.
XII. Action Requests: A) 175th Committee: Kuchinski requested use of grounds. Motion 8/22/95.15: move to allow 175th Committee use of the Town Hall grounds on September 10th for a concert at 5PM. Motion made by Murdoch with second by Jones. Motion carried 5-0.
XIII. Adjournment: Motion 8/22/95.16: move to adjourn. Motion made by Murdoch with second by Flynn. Motion carried
5-0. Board adjourned at 11:10pm. | 
