Selectmen’s Meeting
Minutes of August 25, 1998
Present: Peter Jones, Judith Murdoch, Catherine Kuchinski, Charles Flynn, Daniel Webster. Joseph Nugent, Exec. Sec.
Chair introduced Dick Powers and Kathy Ferrarra representing the Hanson Cultural Council. Mr. Powers and Ms. Ferrarra discussed with the Board the Council’s plans for the upcoming Art Festival which will be held during the third week of October at the Library/Senior Center. In addition, the Board was informed that the Council will meet on September 16th at 7:00 PM at the Town Hall to discuss grant applications for upcoming cultural grants. Deadline for applications will be October 15th with decisions in November.
Chairman recognized Everett Marder, Town counsel, from Kopelman & Paige. Chair explained that Atty. Marder was invited to discuss with the Board proper procedure by which the Town will conduct an investigation into allegations against the Building Inspector. The Chair further explained that the Board had put in place a three member panel consisting of two citizens and a State building official and was in the process of giving them a charge. However, as part of the appointment, the Board wished to clarify the panel’s position concerning the open meeting law. Atty. Marder informed the Board that under Chapter 41, s 23B, the Board has the authority to investigate any department or appointed official or to appoint a person or committee to conduct fact-finding. He explained the
difference between a fact finding committee vs. a hearing committee. The distinction having to do with the findings which are rendered. Atty. Marder also stated that this committee, which has been chosen by the Board, under Chapter 233, s8, would have the ability to summons witnesses, swear in witnesses, and in fact subpoena witnesses. In this case, Atty. Marder said, per his conversation with the Chair, it would be his understanding that this panel would be a fact finding panel and nothing more. Ultimately the Board would take a report and then determine whether a hearing was warranted. Atty. Marder explained to the Board that his first inclination was that this committee would not be subject to the open meeting law; however, upon consulting with Attorneys within the firm, and reviewing case law, he has changed his opinion to advise the Board that this committee would be subject to the open meeting law. As such, the committee would be required
to post meetings, keep minutes, notify the Building Inspector in writing with 48 hour notification. Furthermore, while this committee can examine information and question witnesses in executive session, the Building Inspector, himself, has the right to request the meetings be held in open session. The Chair asked Board members if they had any questions. Mrs. Murdoch asked if it would be inappropriate for Board members to be at sub-committee meetings. Atty. Marder indicated that it would not be advisable Ms. Kuchinski asked if any contact with the DA’s Office regarding the Open Meeting Law had been made. Atty. Marder pointed out that since his firm was advising the Town to follow the Open Meeting Law, there is no reason to consult with the DA’s Office. Ms. Kuchinski also said that she had a concern with identifying witnesses. Atty. Marder stated that it cannot be avoided at this point unless the investigation was done by
one investigator who would not be subject to the Open Meeting Law. However, at some point, information given to the Board of Selectmen by an investigator would be made available to the Building Inspector or his attorney. Mr. Webster had no questions. Mr. Flynn asked that if the Board dealt directly with this issue, would they be equally subject to the open meeting law. Atty. Marder answered yes. Mr. Jones informed the Board that he had met with the panel and asked for them to start to review written letters which had been submitted, both complaints and compliments. He also informed the public, on behalf of the Board, any complaints or compliments, which people wish to submit concerning this process, may be mailed to the Selectmen’s Office, c/o of himself. They will be passed unopened to the committee. Board thanked Atty. Marder.
Chair recognized Chief King and the Director of the Counsel for Elder Affairs, Kathy Dyer, as well as Police Officer, Brian Watson. Chief King and Ms. Dyer informed the Board of a new computerized telephone program which is being put in place through Sheriff Peter Forman’s department, entitled the “Are you O.K. Program”. The Program is geared to automatically phone senior residents on a daily basis at a specific time. Under the program a phone call would be placed, if there is no answer after the first call, a few minutes later a second call would be placed, and finally a police officer would be dispatched to the home. Ms. Dyer stated that they are hoping to start the program with 10 to 15 seniors and expand from there. In addition, the Chief introduced Brian Watson as the
Police liaison to the Senior Center. Brian will work through the Police Dept. with the Director and also with the Seniors to create new programs and to pass along information concerning Police operations.
The Chair recognized Helder Garcia, re Dunkin Donuts. Mr. Garcia stated that at this time, he is not ready to open, but will be in the next week or so. He asked the Board to consider voting a Common Victualer license upon approval and sign-off of the other boards. Nugent stated that the license it self had not been typed yet, but suggested that the Board could approve the license effective September 2, 1998 and sign it on the first.
Mr. Flynn made motion to approve license subject to sign-offs, effective 9/2. 2nd Murdoch. 5-0 vote.
Board recognized Chief King who explained the background concerning the recent lease purchase of 4 vehicles for the Police Dept. He pointed out that three of the vehicles came in and the paperwork was signed off by the Chair. The fourth vehicle, which arrived recently, along with the paperwork, is a Ford explorer. Chief explained that with the growth of the Town along with the amount of bog area and dirt roads, he felt there was a need for this type of vehicle. He also indicated the vehicle would be highly used in storm conditions. Chair asked if the Board had any comments. Motion by Flynn to approve and sign the paperwork for the Ford Explorer. 2nd Webster, 5-0 vote.
Chief also indicated that he is attempting to place a Police Officer at the parking area of the MBTA station in the evenings around 5 to 6 o’clock in order to assist the exit of vehicles from the parking lot. However, the Board should be aware that should the need arise, the cruiser will be required to respond to priority calls.
Chair read a letter from Richard Worrall, Hanover, Mr. Worrall pointed out that through the efforts of Sgt. Savage, Officer Hughes, and Officer Gorman, an arrest was made after a break-in at Lindy’s General Store, Mattakeesett St., Pembroke. Board commended the officers involved and the Chief indicated that he had placed copies of the letter in their files.
Board recognized Jesse McSweeney. Mr. McSweeney thanked the Board, the Exec. Secretary, Marion Elms, and other workers in the Town Hall for their help and assistance through the summer. He explained the various projects that he worked on and the learning experience that he was taking with him back to school. The Board complimented Jesse on the work that he had done. Ms. Kuchinski indicated that he was still completing a book for the citizens of the Town of Hanson which they hope to have printed for each resident. Mr. Nugent thanked Jesse for helping to cover the office and for completing several projects thoroughly. He wished Jesse well, and indicated to the Board that he has invited Jesse back for several hours during his winter break.
Motion by Kuchinski, 2nd Murdoch to appoint Donna Brown to the Nathaniel Thomas Mill Committee, term to expire 6/30/01. Kuchinski indicated that this was a clarification vote. Voted 5-0.
Motion by Kuchinski, 2nd Murdoch, to appoint Phillip Clemons to the Town Forest Committee, term to expire 6/30/01. Voted 5-0.
Nugent reported to the Board that the Water Dept. had sent a letter declaring the Water vehicle surplus. (1989 Ford F250 utility body truck). The truck has been requested for use at Camp Kiwanee and in turn the vehicle being used at Camp Kiwanee, a pick up truck will be passed to the Dog Officer. Motion by Murdoch, 2nd Kuchinski, to accept the surplus vehicle from the Water Dept. and turn it to Camp Kiwanee, with the Camp Kiwanee vehicle going to the Dog Officer. Voted 5-0. Nugent indicated to the Board that there should be some consideration given to the purchase of some type of van for the Dog Officer. The vehicle line will have some funds remaining and potentially the sale of surplus vehicles would yield some funds.
On behalf of the Water Commissioners Thomas Dahlberg asked the Board to consider supporting the concept of a Sewer Commission. Mr. Dahlberg indicated that presently there is nobody within the Town that can interact with other Sewer Commissioners or studies concerning sewerage. According to the Water Dept’s Acts of 1991 the Water Dept. shall be granted the authority as Sewer Commissioners should the Town deem it necessary to create one. Mr. Dahlberg stated that the Water Commissioners may submit an article to Town Meeting to address this issue and would hope the Board of Selectmen would be supportive.
The Chair read a letter of thanks from Summer Intern, Jesse McSweeney. Jones announced that he would be signing the update on the DEM grant so the Town could submit the paperwork back to the State. Chair announced Whitman Kiwanis Club golf tournament to be held September 17th at Ridders Country Club. Chair read a letter from DA Michael Sullivan thanking Hanson Police and volunteers for participating in the DARE summer camp.
Mr. Webster announced that Jay Walter has left the Building Committee and requests that Carole McCormack be appointed a voting member. Motion by Webster to accept Jay Walter’s resignation and to appoint Carole McCormack to the Committee. 2nd Kuchinski. 5-0 vote.
Kuchinski reported on her “Office hours”. She met with several residents of Monponsett and accepted a petition with several signatures requesting delivery of mail in the Monponsett area. Ms. Kuchinski asked for some support from the Board and indicated that she would be writing a letter to the new Postmistress.
Executive Secretary report: Nugent stated that he put a packet together of goals and objectives for the Board which included those submitted by the Town Accountant, Treasurer/Collector and his own. He noted on his own goals that he had put forth individual goals while leaving his joint goals with the Board open for discussion.
Nugent announced that there was a request in for release of 61A land consisting of approximately three acres off Hillcrest Rd. Request made by the Re’s and was presently going through the process of review by the participants.
Nugent explained that the submittal received last month of the HOP project off Pleasant St. will be reviewed by the Planning Board in mid September. At that time, or shortly thereafter, the Board should plan in informal meeting with those Departments which have reviewed this project in an effort to become familiar. At some point thereafter, the Board will need to hold a public hearing, and then make a decision of whether or not to support the project.
Nugent announced that there is an application for the Conservation Commission submitted by former member, Jay Skarbinski. Nugent requested the Board consider having Skarbinski come in at the next meeting. If so, Kuch9inski wanted to have Con. Com member(s) present. Nugent explained that he and Selectman Webster along with other members of the Cable Committee met with Media One representatives. A draft of the proposed cable contract has been given to each Board member. In addition, a more formalized draft will be given to the Board by the end of the week. Nugent requested the Board review and have any questions ready for the meeting of 9/8.
Nugent also announced that the Board should be ready to make comment on the Mun Energy consortium for utilities. Contracts need to be signed no later than September 21st if the Board so chooses to participate in these programs.
Chair announced that since this evening was to be a planning session for the Board there needs to be some consideration given to several areas. First goals and objectives, not only of the Board but reviewing those submitted by departments. Ms. Kuchinski indicated that we still have issues to discuss relative to the evaluation tool and how it relates to the goals and objectives. Jones touched on the Government Study and the Drug and Alcohol Policy, financial information, and wage and personnel issues. Chairman Jones stated that for the purpose of discussion, he would like to take one item this evening. He asked Exec. Sec. if there was a preference. Nugent indicated because of the October Town Meeting, the Board should try to deal with Wage and Personnel issues. The concept of
removing four of the management positions, Treasurer/Collector, Town Accountant, Building Inspector, Health Agent, from Wage and Personnel and placing them under contract would require some time. An easier concept might be to negotiate salaries only, and work with Wage and Personnel to create an administrative benefit package which would stay within the bylaw. Chairman Jones indicated that it might be possible through a cafeteria benefit package plan to allow those administrative people some additional benefits above and beyond regular Wage and Personnel employees. Furthermore, the Board would be able to use salary survey information recently compiled to negotiate a similar contract outlining salaries only. It was agreed that the Board would invite the Wage and Personnel Board to attend their meeting of 9/22 in an effort to move forward with these personnel matters. Ms. Kuchinski announced that the Drug and Alcohol Policy has been reviewed and is being
signed off by the Board. Nugent stated that as soon as it is signed off by the Union, we will make arrangements to put it in place.
Motion by Murdoch to adjourn. 2nd Kuchinski. 5-0 vote. 10:00 p.m.
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