Selectmen’s Meeting Minutes of June 16, 1998
Present: Peter Jones, Chairman; Judith Murdoch; Cathy Kuchinski; Charles Flynn; Daniel Webster. Joseph Nugent, Executive Secretary
Chair recognized Steve O’Grady from the auditing firm Thevinen and O’Grady. Steve addressed the Board concerning the fiscal 1997 audit. He presented an overview of the Town’s financial picture stating that he felt the Town was on a sound financial track, profits were stable and up, budgeting continues to be conservative, free cash continues to be stable, efforts by the Town to contribute to the Stabilization Fund are positive and the overall Town bond rating appears good. Steve did mention, in addressing his management letter, a couple of areas where the Town financial officers need to pay more attention. The processing of Chapter 90 fund reimbursement paperwork and the ambulance billing continue to be areas which need to be tightened up. Other issues were minor in nature. The Town appears to have a good handle on procurement and the PO system, while not 100%, seems to be improving. Selectman Kuchinski asked for clarification in several areas. She pointed out a general
purpose audit statement which appears in the last several audits. Mr. O’Grady responded that the statement is placed in all audits his firm completes and however, is not a relevant concern of DOR. Ms. Kuchinski inquired about the Police revolving issue. It was explained that in the previous audit the concern had been raised relative to expenditures made at the end of a fiscal year; however that specific issue has been addressed through an increase in the amount of this revolving fund. The Highway fund reimbursement was clarified. It was pointed out work was completed in October of 1996 and paperwork not filed until May of 1997. Treasurer/Collector and the Highway Surveyor are working to resolve this issue. Discussion concerning the ambulance collections focused on the reconciliation of outstanding variances of 30 to 40 thousand dollars. O’Grady stated that the financial officers need to get more involved to resolve this
issue. Treasurer and Town Accountant agreed and stated they have been working to resolve the issue for the last few months. Leasing issues, procurement issues, were raised. O’Grady stated that the Town appears to be handling procurement without any problems.
Board of Selectmen welcomed Lions Club members, Jay Webster, Warren Emerson, Joe Gerrior, Frank Sawyer, Bob Smith and others. Mr. Webster presented the Board with an overview of the Lions organization over the past 8 or 9 years calling attention to the good works and projects the Lions Club has been involved in the Town. Mr. Webster explained the Lions Clubs frustration with attempting to organize and schedule their annual carnival. Club members asked for support from the Board of Selectmen in approaching Whitman Hanson Regional School District and requesting the use of the High School area as a potential site. The Board, after discussing several sites in Town, concurred that this year it would appear the best site available for the carnival would be at the High School. Motion by Dan Webster,
2nd by Kuchinski to send a letter of support asking the Superintendent to allow the Lions Club carnival to be held at the High School and indicating that the Town and Town Departments would cooperate. Voted 5-0.
Chairman recognized the opening of Damien’s at 279 Spring Street on Monday, June 15th, and while Board members were not able to attend, they offered their sincerest good luck noting that this had been a long process.
Board welcomed Kathy Dyer and Doris Grindle. Mrs. Dyer, Director of the Council on Aging, outlined several recent highlights in which the seniors have been involved, their mock wedding and various entertainment events. Kathy Dyer requested Doris Grindle update the Board on the recent reading grant program which had been awarded through the RSVP to the Hanson Council on Elder Affairs. This program will involve seniors and students from grades 1, 2 and 3. It is designed to assist students in reading, to maintain reading level skills over the summer, to shape positive reading attitudes for students, and in some cases to administer some testing to determine certain aptitudes for reading. It will involve over 21 seniors and any other volunteers are welcome. Doris indicated that the program
would love to have a Town business or organization sponsor their efforts. Ms. Kuchinski suggested they talk to the Rotary Club. Ms. Dyer updated the Board on a recent grant application for a new senior van and also mentioned an intergenerational level grant which is being applied for through the Council. Board members thanked Kathy Dyer and Doris Grindle and asked them to return with updates to future meetings.
The Board recognized Kevin Cuzzi. Mr. Cuzzi was representing residents of Washington West Meadows, a subdivision off West Washington Street. Mr. Cuzzi expressed the residents concerns and disappointment in which they viewed the handling by the Planning Board of work within their subdivision. He mentioned that the Planning Board has held back only approximately $9,000 with regard to the developers bond and indicated that the residents felt there needed to be a significant amount of additional money held in order to complete what they perceive to be outstanding issues. Residents expressed concern with the Planning Board’s approach and with the Planning Board ‘s engineers, Brewster Fuller. The Chairman pointed out that the Planning Board are elected officials and are not subject to
jurisdiction by the Board of Selectmen. While the Board is willing to listen to the concerns and work to resolve these issues, he reiterated that the Planning Board is responsible for addressing subdivision problems. It was agreed that the residents would submit a detailed list of concerns to the Board of Selectmen and cc the Planning Board and Board of Health. At that point the Board of Selectmen would attempt to have the Planning Board respond to each specific item. Board to try to have answers to residents by July 28.
Motion by Cathy Kuchinski, 2nd by Murdoch to accept the resignation of Lou Russo from the Recreation Commission. Voted 5-0.
Motion by Charles Flynn, 2nd by Murdoch to appoint Jeanne M. Taylor to the Street Acceptance Committee and Barbara Bannock to the Hanson Cultural Council for a two year term. 5-0 vote.
The Chairman explained that he would read the list of reappointments and recognize a hold on any appointment that warranted discussion.
Town Counsel - Kopelman & Paige - one year
Labor Counsel - Earl Wilson - one year
Paul Taber, Sr. - Street Lighting Committee - one year
Peter Huska - Hazardous Waste Coordinator, Forest Warden, CD Rescue Officer
CD Radiological Officer, CD Medical Service, CD Fire Service
Philip Lindquist - Street Acceptance Committee - no term
Allan D. Clemons - Historical Commission - three years
Allan D. Clemons - Town Forest Committee - three years
Linda Bertino - Education Committee - three years
Robert Duff - Town Forest Committee - three years
Plymouth County Advisory Board - Judith Murdoch - one year
Parks & Fields Commission - Janet Hunter - three years
Drainage Committee - George Cirillo - one year
Drainage Committee - Robert Brown, Jr. - one year
Drainage Committee - Brian Gaffey - one year
Drainage Committee - Richard Harris - one year
Conservation Commission - Brian Gaffey - three years
CD Radio Operator - Kenneth Garren - one year
Capital Improvement Committee - Mary Lou Sutter - three years
Capital Improvement Committee - Robert Smith - three years
Cable T.V. Committee - Warren Emerson - one year
Motion by Murdoch, 2nd by Webster to reappoint above. Voted 5-0
Auxiliary Police Officers - one year (recommendation of Chief King)
Joseph O’Brien Bill Strait
Daniel Blais Ronald Clark
Patrick Faiella Kevin McCarthy
James Bennett Marc Vigneau
Peter Calogero Algernon Queen
Leo Arseneau Jeffrey Bailey
Douglas Smith Scott Keene
Motion by Webster, 2nd Murdoch to reappoint the Auxiliary Police Officers pending physical. Voted 5-0.
Special Police Officers - one year (Recommendation of Chief King)
Bernard Delory, Dog Officer
Joseph Nugent, Executive Secretary
August P. Silva, Constable
Donald Ferguson, Constable
Robert Buotte, Harbormaster
Voted unanimously on motion by Kuchinski, 2nd by Murdoch to grant Common Victualler’s license to Hanson Historical Society for their Strawberry Festival on June 14 and Harvest Fair on September 19.
Voted unanimously on motion by Flynn, 2nd by Webster to grant permission for a bottle drive to the Whitman Hanson Hockey Boosters on July 11 from 9 AM to Noon.
Voted unanimously to send letter of support for the Conservation Commission and Rollercoaster Road properties to be held from auction on motion by Kuchinski, 2nd by Flynn.
Motion by Charles Flynn, 2nd Judy Murdoch to reappoint Special Officers, 4-1, Kuchinski no.
Noted David Clemons did not wish to be reappointed to Thomas Mill Committee. Noted several vacancies exist on that Committee.
The Board held for discussion the reappointment the Building Inspector, Samuel Germaine. Chair recognized Don Ellis. Mr. Ellis stated that he represented many residents and builders in Town which had concerns relative to Mr. Germaine’s certification status. Chairman read a letter from Mr. Germaine outlining steps taken by Mr. Germaine to date in the certification process. Mr. Ellis expressed his concern for the Town’s liability. It was agreed that we would check with Town Counsel on the grandfathering issue and the liability issue. Mr. Vess addressed the Board outlining several areas of concern by residents. Vess stated that Mr. Germaine exhibits a sense of intimidation, is rude to residents, trespasses on private property, is selective in his enforcement of code
and bylaw, unwilling to accept State decisions, has removed property from private property and Vess asked the Board for permission for several people to speak. Mr. Ellis indicated to the Board that he had a problem with the Building Insp. concerning issuing a building permit for building renovation as it related to the installation of sprinklers. He stated that the Building Inspector refused to issue the permit and had to get clarification from the State inspector. Mr. Sears, of Adams Circle, told the Board that while attempting to have a 16 X 16 ft. deck built over the septic system, Mr. Germaine was rude and intimidating. Alan Clemons mentioned that the Building Inspector asked to be called on any job they were doing even if they did not feel a permit was required. Richard Edgehill stated that if the Board did not take action, that this group would be seeking the advice of any attorney. Gordon Coyle indicated that the costs on the permit were
inflated by the Inspector thus creating inflated assessments and higher taxes for homeowners. Steve Lipinski outlined his involvement with the Building Inspector concerning a chalkboard sign that was put up on a seasonal basis. He felt the Building Inspector was rude and had taken his sign from private property and has yet to return it. Richard Clemons asked the Board to refer to the letter he had submitted. Don Smith asked the Board to refer to the letter he had submitted. Again Richard Edgehill requested the Board not to ignore these concerns. Mark Vess made a closing statement urging the Board not to reappoint Mr. Germaine.
Chairman Jones indicated that issues such as signage need to be addressed along with other issues and he informed Board members that he and Mr. Webster had attended a meeting on Monday evening with a number of citizens who expressed concerns about Mr. Germaine. Jones indicated that he spoke with another Building Inspector who feels Mr. Germaine is very knowledgeable about the codes and bylaws. Board members discussed the issue. The Chairman offered four options for the Board to review. Option 1 - renew appointment for one year. Option 2 - not reappoint. Option 3 - renew appointment for a period of time pending a hearing process by the Board. Option 4 - renew appointment for a period of time pending an independent review by a present or former building official with knowledge
of the code and by an independent citizen of the Town. Both parties would agree to meet privately with individuals who wished to express concerns about the building inspector and they would file a report to the Board of Selectmen.
Mr. Webster expressed agreement with option 4. 3 was not contingent upon a team issuing a report; however, he indicated that the Board needed to take a stand on the certification issue, and needs to insist that the Building Inspector needs to be user friendly.
Mr. Flynn agrees with creating a team to review issues. He also feels the Building Inspector needs to be given a chance to respond to these issues. He was concerned with the certification review in September, indicating that if he is actively pursuing the certification or if he has not passed on section of it, the Board needs to consider the circumstances.
Mr. Kuchinski stated that the Board should not decide tonight, that members should speak to citizens and the Building Inspector and offered the 5th option to table this discussion and make a decision on June 30th.
Mr. Jones indicated he did not think it wise to hold off, since a vote not to renew on June 30th could mean the Building Inspector could be out of a job the next day.
Mrs. Murdoch concurred with option 4 as outlined. She stated that she spoke with a member of the Board of Appeals who informed her that the Board of Appeals was pushing the signage bylaw and they felt that Sam was doing an outstanding job of enforcement. Murdoch asked that the each Board member receive a packet of the letters of support which were received for the Building Inspector.
Several residents from W. Washington Street Meadows expressed support for the Building Inspector stating that he had been very helpful and knowledgeable about the code. Sue Poirier indicated she had worked with Mr. Germaine who assisted her with some work at her house, outlining code and zoning issues, and while she was not pleased with the information, indicated that he was very professional and helpful. Robert Junior, an area builder for more than 45 years, indicated that he has dealt with Town officials and building officials all over the South Shore and feels Sam Germaine is as good as any of them. Atty. Paul Moriarty, consultant for the Statute Building Officials Association, stated that Sam Germaine was more than qualified for his position by law and that the certification process is not a
statutory requirement. Joe Morratta, local builder for 25 years, indicated that Mr. Germaine is very knowledgeable relative to the codes and is no problem to work with.
Ms. Kuchinski commented that her goal was to objectively review the issues before her and her major concerns were his lack of certification and have been for the last several months.
Mr. Webster make a motion that the Building Inspector be reappointed until September 30th, 1998 subject to an independent investigation by a professional building inspector, state inspector or a qualified area inspector and a member of the community. Said team to report back to the Board of Selectmen. In addition the Building Inspector is to be certified by September 30th. Second by Flynn for discussion. Mr. Flynn commented that the Board sit down with Sam or allow Sam an opportunity to respond to any issues that are raised. Voted 4-1. Kuchinski in negative.
Motion by Murdoch that the Chair would pick a member from the community and a qualified State inspector and report back to the Board in two weeks. Second by Flynn. 4-1 vote. Kuchinski in negative.
Chair indicated that he will announce specific times and dates when people are available to come to the Town Hall and speak privately with this team.
Mr. Nugent updated the Board on the status of the Veterans Agent relative to newspaper articles and conversation with the Whitman Selectmen’s Office. Nugent announced the Town Hall Building Committee is scheduling a ground breaking ceremony to be held on July 11 at 9 am. Nugent gave an overview of the work schedule, explaining to the Board that areas of the lower parking lot on the south side of the building as well as areas of the upper parking area will be cordoned off due to contractor’s equipment and work. Employees will be requested to park to the rear and on the lower ground area adjacent to the rear parking on the north side of the building. The Treasurer/Collector and the Town Accountant will be moved to the front area of the fire station for the construction period.
At times, other offices or boards may find it necessary to schedule meetings at other locations in Town. Nugent reminded Board members to review Chief King’s memo concerning staffing.
Mr. Dahlberg invited Board members to attend a Water Dept. meeting on the 17th, if they are available. Water Dept. was discussing legal issues concerning the Pleasant St. site.
Action requests: Murdoch - none. Kuchinski informed Board members that there are available revised rules and regulations of the Water Dept. The Board of Health is hosting a hazardous waste day being overseen by DEP on June 27th. Kuchinski inquired about the Hanover Mutual Aid Agreement. Nugent responded the corrections were made according to Board input and forwarded back to Hanover. Conversation with the Hanover Selectmen’s office indicated they are reviewing it and will get it back to us. She informed the Board that the Street Acceptance meeting was on the 29th. Mr. Flynn updated the Board on the School Building status and informed the Board of the Police Department’s bicycle helmet program which offers gift certificates for free ice-cream to youngsters
observed wearing helmets. Kuchinski asked that the office add the Towns of Plympton and Carver to the salary survey draft form. Mr. Jones asked that the population be added.
Motion by Murdoch, 2nd Kuchinski to adjourn. Voted 5-0 to adjourn at 11:30 p.m.
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