Selectmen’s Meeting Minutes of October 27, 1998
Selectmen Present: Chairman, Peter Jones, Judy Murdoch, Cathy Kuchinski, Daniel Webster, Charles Flynn and Executive Secretary Joseph Nugent.
I. Chairman Jones called the meeting to order at 7:30pm by commending the Cultural Council on their work on the Art Show at the Senior Center on this past Friday Night. The first Item for discussion is the reappointment of the Building Inspector. Request for Executive Session under Items #1 and #2. Motion by Murdoch to enter into executive session under Items #1 and #2, second by Flynn. Roll Call vote: Murdoch, aye; Kuchinski, nay; Webster, aye; Flynn, aye; Jones, aye. 4-1 vote.
II. Jones announced the Board would reconvene open session to continue the meeting and announce any votes taken. The Board entered executive session at 7:40pm.
III. The Board entered into open session at 9:45p.m. by a unanimous roll call vote. Jones announced that the Board voted to adopt the Building Inspector Investigation Panel Majority Report with a 5-0 Roll Call Vote.
IV. Mr. O’Sullivan, Chairman of the Building Inspector Panel, explained the Building Inspector Investigation Panel Report consisted of a Majority Report as well as a Minority section of the report. The report explains that the minority section consists of opinions from panel member Bruce Young only. Mr. O’Sullivan read the report which explained the process the panel went through to gather information regarding various complaints and compliments concerning Mr. Germaine, Building Inspector. The panel found that there were two complaints that need to be further looked into by the Board of Selectmen: 1. A letter written regarding an assembly permit to Mr. Dias. 2. Mr. Lapinski’s Complaint regarding a sign. The report summed
that Mr. Germaine is “Primarily culpable for performing his job”. Mr. O’Sullivan read some suggestions from the panel to help the operation of the Building Inspector’s Office. 1. Alert citizens of permit requirements 2. Try not to wear such a large badge, to be less intimidating. 3. Formal written method dealing with and tracking complaints. 4. reduce the $40.00 minimum cost for some permits. 5. Similar to law enforcement officers Mr. Germaine should receive training in conflict resolution and dealing with the public. 6. A computerized tracking system for timely follow up on all permits.
Jones thanked the panel members and announced the second vote taken in Executive Session. The Board Voted 3-2 (Kuchinski, Murdoch) to accept the portion of the Minority report pertaining to the Dias situation and to reject the conclusion of that section and to reject remainder of the minority section of the report. Mr. Young read his opinion #3 regarding the Dias Situation. He believes that the timing of the letter regarding an Assembly Permit was harassment. He explained that Mr. Germaine had read a news article that showed the group of citizens were meeting at the Auction Gallery to discuss Mr. Germaine and he then proceeded to send this letter to Mr. Dias the next day. Jones explained there was a 5-0 Vote to come out of Executive
Session.
The Zoning Board of Appeals members each sent in letters to the Board of Selectmen regarding the Building Inspector. Edward Casey wrote that he found Germaine to be courteous and competent. William Baldwin wrote that Germaine is helpful but tough on regulations and he uses common sense and fairness. Lila Coyle had prepared a large packet of materials for each Board Member regarding Germaine. There was also a letter from John Aiello which was complimentary and a letter from John Dias which was not complimentary. There was also a letter from Joel Clemons regarding his concerns.
Audience Comments:
Mark Vess told the Board that Mr. Casey and Mr. Germaine have a relationship outside of Town Politics. Vess also believes that the Board of Selectmen have been ignoring the concerns of the Citizens of Hanson regarding the Building Inspector. Jones explained that they appointed a committee to look into the concerns that have been raised regarding the Building Inspector. The Committee has done there investigation and has submitted there report. Lila Coyle explained why her Board sent 3 separate letters instead of one letter as a Board. She explained that Mr. Casey and Mr. Germaine have a personal relationship. Murdoch was concerned that she had asked the Board of Appeals for a listing not copies of cases they had worked on. Murdoch commented that this seemed to be a waste of paper since
each member got a copy of this large packet. Murdoch also asked Mr. Casey if he had a personal relationship with Mr. Germaine, he said he had no client relationship with the Building Inspector and he didn’t know what was meant by personal relationship. Murdoch also explained that most of those who have the complaints about the Building Inspector were unhappy with the Zoning Enforcement decisions made by him.
Kuchinski explained that she had hoped we would be discussing the issue of certification. Kuchinski told the Board how she spent many hours on this issue after the Board received the anonymous letter regarding Germaine’s certification. She explained how she believed that Germaine badgered the State to get his certification through the grandfathering process. She does not condone his circumventing the process by being grandfathered. Kuchinski does not believe that Germaine should be reappointed. Flynn- takes the complaints with respect to rudeness and intimidation very seriously and tries to consider both sides. Flynn went on to explain that the Building Inspector is an enforcement officer and people are not going to want to hear what he has to say sometimes. We hired
him to enforce the code and that is what he has done. Flynn cautioned Mr. Germaine to always put himself in the position of the citizen and urged him to take a course in dealing with the public. Flynn also spoke about the signage issue. The Zoning is archaic and should be changed but as of now the zoning enforcement officer has to enforce the current bylaws.
Webster explained that after reviewing the panel’s report he is convinced that Mr. Germaine knows the Building Code, and believes he is in a tough position. You cannot fault him for enforcing the zoning bylaw. Webster was originally a supporter of Mr. Germaine but also reminds the Board that they made it abundantly clear that certification was to be in hand by September 30th. He did not take the test, chose to circumvent the process and was successful, but not by September 30, 1998. As a result caused further controversy and he explained that he does not like to be put in that position. Webster went on to say that he does not tolerate insubordination and that the letter to Paul Dias was a conflict, harassment and intimidation. The situation should have been reported to the Board of
Selectmen to deal with as they saw fit.
Jones spoke that he has no personal relationship with Mr. Germaine for the record. He went on to say that Germaine is basically doing his job, he is qualified by the State. He is concerned about the difficulty of the Building Inspector Job. The letter to Dias regarding an assembly permit is not worthy of losing his job. Germaine needs to work on customer service skills.
Paul Dias spoke from the audience. Dias picked up the tapes of the panel hearings from the Town Clerk’s Office in those tapes Dias says that Germaine admits to a relationship with Mr. Casey. Dias discussed his past discussions with the Building Inspector regarding his sign issues. He explained the letter that was sent to him from the Building Inspector regarding the Assembly Certificate.
Motion by Flynn to reappoint Sam Germaine to expire 6/30/99 and to work with Sam to come up with an evaluation tool and also strongly encourage him to look into dispute resolution courses. 2nd Murdoch for discussion. Kuchinski would like to have the motion include the first part only. Wage and Personnel is still in effect. Motion to reappoint Samuel Germaine, 2nd Murdoch. discussion.
There was some discussion from Mark Vess regarding Sam Germaine’s Certification he wanted to know why he did not take the test. There was also some discussion as to why the State Inspector from the Panel could not come tonight. Joseph O’Sullivan explained that Commissioner Farwell directed Mr. Pepiora not to come tonight because of numerous phone calls from townspeople, one call from Kuchinski. Some of the calls indicated potential litigation including the panel that Mr. Pepiora was a member of. Kuchinski mentioned she did not call regarding litigation. Vess explained he called also but to request minutes. Vess went on to tell the Board that the message they are sending is that citizens shouldn’t bother complaining to the Town. Jones commented that statement is
totally out of order. Mr. Lapinski asked if the Board had reviewed the Panel Tapes. He then commented that Mr. Germaine was lying in the minutes when he was speaking about his complaint. There was some discussion from the audience regarding Mr. Germaine’s job performance. The Board proceeded to vote on the current motion to reappoint Samuel Germaine as the Building Inspector. 3-2 Vote to reappoint Samuel Germaine as Building Inspector. (Webster and Kuchinski voted nay)
Motion by Flynn to develop an evaluation tool, 2nd Murdoch. 4-1 Vote. (Kuchinski, nay)
Motion by Flynn to require Samuel Germaine to attend training courses regarding dealing with the public, Kuchinski asked that Flynn amend his motion to say at his own time and expense, no amendment. 2nd by Murdoch. 4-1 Vote.(Kuchinski, nay)
Motion by Kuchinski to disband Building Inspector Review Panel with a Thank You for many hours of investigation, 2nd by Murdoch. 5-0 Vote.
Don Ellis from the audience asked the Board if there is any recourse if in fact Mr. Germaine had perjured himself in the tapes of the panel hearings. There was also some more discussion regarding the need for Mr. Dias to apply for an assembly permit.
V. Vote - MunEnergy Agreement- Motion by Murdoch, 2nd by Flynn. 5-0 Vote.
VI. Accept resignation of Janet Hunter Munstis from the Parks and Fields Commission. Motion by Webster, 2nd by Murdoch. 5-0 Vote.
VII. Vote Sick time extension for dispatcher - Motion by Kuchinski to grant a 10 day sick time extension, 2nd by Flynn. 5-0 Vote.
VIII. Flynn read a letter from the Town of Plymouth requesting a support letter from the Board of Selectmen regarding the Convention Centers Bond Bill for the renovation and development of Memorial Hall. Motion by Kuchinski to send a support letter, 2nd by Flynn. 5-0 Vote (Chairman to sign)
IV. Announcements:
Hancock Field - field appreciation day on Saturday, November 7, 1998 from 2:00pm to 4:00 PM.
ComElectric will be trimming along their right of way during the first and second week of November.
Department of Transportation recommended awarding converted van, base station, and radio to Hanson Council of Elder Affairs from mobility assistance program $40,000.
Board of Water Commissioners meeting on November 4, 1998 at 8:00p.m. regarding water issues - Board Members invited to attend.
Kuchinski announced the Veteran’s Day ceremony .
V. Adjournment: Motion by Murdoch, Second by Webster to adjourn. Meeting adjourned at 12:55pm.
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