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Selectmen's Minutes September 29, 1998
Selectmen’s Meeting Minutes
September 29, 1998


Selectmen Present:      Chairman Peter Jones, Judy Murdoch, Cathy Kuchinski, Charles Flynn, Daniel Webster (arrived at 7:45pm.) and Executive Secretary Joseph Nugent.

I.      Chairman Jones called the meeting to order at 7:35pm.  The first order of business is a preliminary discussion regarding the Goals and Objectives for the Executive Secretary, Police Chief, Town Accountant, Treasurer/Collector.  Mr. Nugent was present to explain his goals and objectives.   Kuchinski asked if his goals and objectives would relate to the evaluation tools being discussed.  Jones asked if he could change his goal for working on the Town Hall Building Project to the moving into the new addition aspect instead of the construction aspect.  Flynn wanted to be sure that the computers would be year 2000 compliant.  There was some discussion on this matter.  The Board agreed that we should have something in writing from the company saying that we are definitely compliant.
Kuchinski asked when more frequent financial reports would be coming in.  They expect after the Special Town Meeting to begin submitting these reports.  

II.     Vote to sign the Cable Contract with MediaOne - Motion by Kuchinski to sign contract with Media One, 2nd by Flynn.  4-0 Vote.

III.    HOP Project discussion - The Planning Board presented the Board with some information.   They explained the project consists of a subdivision of 13 Units 4 of which will be affordable housing.  It is proposed by Champion Builders and South Shore Housing Corporation.  The Board of Selectmen will need to hold a public hearing to endorse this project.  Phil Lindquist and Noreen O’Toole spoke on behalf of the Planning Board.  They believe the applicants are asking for too many waivers such as frontage requirements, sidewalks, street width.  They also believe there needs to be a way to enforce the deed restrictions, this tends to fall through the cracks.  

        Board of Health - Vincent Flaherty, Health Agent let the Board know that they will need to perform new perc tests on the property.  These percs are available Monday through Thursday by appointment.

        Conservation Commission - Steve Croghan spoke for the Conservation Commission to explain they require a new filing from this project.  There are a lot of wetlands as well as a stream running through the property.  Kuchinski asked if there has been any filing yet.  There has not.   Brian Gaffey added that the original plan had self contained drainage for the street.  

Chairman Jones  stated that the Board of Selectmen would need more information before holding a public hearing.  Kuchinski added that the applicants should also speak with the Water Dep’t.  

IV.     Town Warrant Article Recommendations (cont’d):
        Article 13- Nugent explained this money will be as needed at this point. Motion by Kuchinski to recommend, 2nd by Murdoch 5-0 Vote.

        Jones requested that the minutes of 9/22/98 be corrected to say that Article 16 was recommended.

        Article 17- Phil Lindquist explained that they are in need of a full time administrative assistant in their office to keep up with filing and typing of minutes.  Webster confirmed that the hours were already increased for the admin. assist. position from 14 hours to 32 hours.  What are the other three hours needed for.  Lindquist stated that they are needed to keep up with filing, there is much more demand on the Planning Board Office with the Master Plan with lots of paperwork.  Kuchinski believes that after hearing the complexities of the HOP Project that the hours will be needed.  Motion by Kuchinski to recommend the $1,600 for FY99, 2nd by Webster.  4-1 Vote.  Flynn Nay

        Article 19 - This Article was explained that it would be beneficial for the Town to get the information earlier than the Town Meeting.  Flynn would like to see a bylaw to have the departments get there information into the Finance Committee at a specific time as well,  if they need to put a restriction on the Finance Committee.  Kuchinski added that the people at the Town Meeting are inundated with information and should be able to get this information earlier.  Linda Wyman of the Finance Committee explained that there would be a lot of changes and explanations done on the Floor of Town Meeting because many changes are made in that two week period.  Webster believes it is inevitable there will be changes, why not just send a preliminary budget two weeks before.  Motion by Flynn not to recommend this article, 2nd by Murdoch  3-2 (Kuchinski,Webster-nay) Vote not to recommend.

        Article 23 - No extra information - Hold

        Article 24 - The Fire Chief explained this would cut down on Needless visits for un- permitted fires.  There was some discussion regarding the number of responses by the Fire Department.  Huska thought there are approximately 100 calls a year for problems.  Motion to recommend article 24, 2nd Flynn.  3-1-1 Vote.  Kuchinski Abstained, Jones Nay.

        Article 25 - The Chief explained that people make appointments and many times the Fire Department has to go back because no-one showed up or there is a battery missing etc.  This Article is an attempt to cut back on these reinspections.  There was some discussion regarding the escalating fees.  Murdoch has no problem with the $25 fee but the higher fees are a problem.  The Board decided to hold the recommendation for this article for Town Meeting.  Jim Tuffo of the Finance Committee added that he is not in favor of additional fees, the tax payers should have a break.  

        Article 26 - Huska explained that  firefighter took the EMT I course but wasn’t able to take it until after another mandated course was over.  He had to pay for it himself because the Town offered course was given at the same time as the other course he was taking.  Motion by Murdoch to recommend, 2nd by Webster.  Some discussion as to whether this was going to happen again.  4-0-1 vote.  Kuchinski abstained.

        Article 27 - Exhaust system for the Fire Department.  Huska explained they need professional help for the designing of the system he is unsure of the amount.  The Board decided to hold for more information.

        Article 30 - Lila Coyle spoke for the Zoning Bylaw Change Committee.  This is simply rewording a current by law so that it may be enforced.  The Board decided to hold for Town Meeting.

        Article 31 - This article is for zoning of Telephone Towers.  This would require a special permit by Board of Appeals and enables a review process to set standards and criteria.  The Board held recommendation for the Town Meeting.

Mr. Sutter asked that Article 5 be moved to after Article 31.  The Board decided by consensus to ask the Moderator to move this Article.  

        Article 32 - Lila Coyle and Noreen O’Toole explained that this is an overlay district which would allow more substantial uses  in the route 27 area.  This is intended to promote growth in that area.  The Board held its recommendation for Town Meeting.

V.      Reappointments - Doris Grindle to the Area Agency on Aging Advisory Committee (OCPC) to expire 9/30/99.  Motion by Flynn, 2nd by Murdoch 5-0 Vote.
                            Lillian Weeks Alternate to the Area Agency on Aging Advisory Committee (OCPC) to expire 9/30/99.  Motion by Kuchinski, 2nd by Murdoch 5-0 Vote.

VI.     Reappointment - Samuel Germaine as Building Inspector - Jones explained that he is waiting for a report from the Building Inspector Panel.  He also had a letter from Samuel Germaine that he was expecting to be grandfathered in as a Certified Building Inspector.  The State has given him until 11/30/98 to become certified.  
Kuchinski is not in favor of reappointing Mr. Germaine as the Building Inspector and has inquired and found out that a state inspector can be sent in immediately to cover the town for 30 days.  Murdoch would also  like to hear from the Building Inspector Panel before making a decision.  Webster stated that the Building Inspector was aware of his certification requirements this is a separate issue apart from the panel’s decision.  Webster believes that Mr. Germaine did not take the Board of Selectmen seriously and should not be reappointed.  Webster is also concerned with the letter written to Mr. Dias by Mr. Germaine regarding an assembly permit.  He feels this was harassment and a conflict of interest.  Webster does not recommend reappointment of Mr. Germaine.  Flynn stated that he understands the importance of the certification but would like to hear from the Panel.  Webster suggested the Board bring someone in temporarily for one month while waiting for this report and Mr. Germaine’s Certification.  

Comments from the audience:  
Mark Vess asked the Board of Selectmen why they want to grant the Building Inspector more time.  Jones reiterated that the report should be heard - the Panel put many, many hours into working on this situation and they should be heard before any action is taken.  Vess asked the Board if he thought Mr. Germaine misrepresented his credentials, Kuchinski did not believe so.  There was much discussion regarding Mr. Germaine’s certification.  Kuchinski told the Board that  she called the State about Mr. Germaine taking any courses to prepare for the test, the state confirmed that he had taken 2 of these courses.  Mr. Edgehill spoke to the Chairman stating that he owes the Town a yes or no answer.  Lila Coyle believes that had he even attempted to take the test she might consider his reappointment but he did not.  Paul Dias spoke to the Board regarding the letter he received from the Building Inspector regarding an Assembly Permit, he has heard no action from the Board of Selectmen - what do they plan to do?  Jones stated the Board will look into this and get back to Mr. Dias.  Mr. Ellis spoke against the reappointment of Mr. Germaine.  Kuchinski read part of Sam’s letter to the Board of Selectmen regarding his confidence in the fact he has done nothing wrong.  She contacted Mr. Young of the Building Inspector panel and he gave her a status report.  Chairman Jones advised Kuchinski not to read this status report because the other Selectmen were not informed.  Kuchinski stated that the Board Must take action tonight.  There was much discussion from the audience.  Webster made a motion to request an interim inspector while the Board looks at the report, 2nd by Kuchinski who asked Webster to amend his motion.  Webster amended as follows:  Motion to take no action on the reappointment of the Building Inspector and to request an interim State Inspector while waiting for the Panel’s report, 2nd by Kuchinski  2-3 Vote (Jones,Flynn, Murdoch - nay).  Motion denied.  Motion by Flynn to reappoint Mr. Germaine as Building Inspector until October 31, 1998, 2nd by Murdoch.  3-2 Vote (Webster, Kuchinski - nay).  

There will be future discussion on this matter on October 13th and 27th.  

VII.    Action Requests:  

Kuchinski - what is the status of the sewerage proposal by Ridder.  Announcement:  Public Meeting regarding the fireworks site on October 5, 1998 in Hanover. Jones announced Flu Shots are available at the Senior Center on October 8, 1998 from 6:00pm to 8:00 p.m..  and on October 14, 1998 from 1:00pm.to 3:00pm.  Kuchinski requested the Town advertise the Town Meeting on the Bulletin Board. Flynn what is the status of the Dunkin Donuts drive thru problem. Kuchinski asked for an update on the speed signs for State Street. Webster believes State Street needs speed traps not speed signs.   Jones asked Nugent to close the Paul Dias situation.  


VIII.   Executive Secretary Report:  Request for Executive Session under Item 3, Fire Department Litigation.  Motion by Murdoch to enter Executive Session under Item 3, 2nd by Webster.  Roll Call Vote Murdoch, aye, Kuchinski, aye, Webster, aye, Flynn, aye, Jones, aye.  5-0 Roll Call Vote.  

IX.     Adjournment:  Motion by Murdoch, 2nd by Webster to adjourn.  Meeting adjourned at  11:30 p.m.