Selectmen’s Meeting Minutes of September 21, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Peter Jones, Charles Flynn, Cathy Kuchinski and Executive Secretary Joseph Nugent.
I. Paul Joia, Media One Coordinator for Whitman and Hanson requested volunteers for taping. Football season is coming up and football will be on channel 3 on Wed. 7p.m. and Sat. & Sun. 12 p.m.
II. Board of Assessors requesting the Board to reopen the Classification Hearing: Motion by Kuchinski to reopen the Classification Hearing, second by Jones 5-0 Vote.
The Assessors informed the Board of the excess levy capacity which is +/- $5,430 which would make the tax rate $16.45. After some discussion Kuchinski made a motion to close the classification hearing, second by Flynn. 5-0 Vote.
III. Kuchinski announced: (1) a request from a citizen to consider a YMCA for the Plymouth County Hospital Property. (2) Eagle Scout candidate Mike Drewniak will be building the benches for Town Hall and is looking for donations to the cause. The benches are very expensive to build because they are environmentally friendly.
IV. Custodian Interviews:
1. Brian Clemons- stated that he is experienced in the Construction field, worked for 8 to 10 years in a hardware store. Landscaped for a few years. He sees this as a good opportunity to work in the Town.
Kuchinski asked if he is available during the workday? Brian said he believes his hours would be 7-1. Kuchinski also asked if he is able to shovel snow. Brian stated that yes he is.
Jones asked if he has been commended for any of his job experiences- Clemons says for his old fashion work ethic and his great attention to detail.
Flynn- The Town has spent a lot of money on the Town Hall, what would be his biggest concern. Clemons answered that he feels strongly that maintaining the appearance of the building is the biggest concern.
Murdoch asked if he would be flexible, would this be the main priority. Clemons replied that this would be his main priority. Clemons asked who he would be directly responsible to. Webster answered that it would be the Board of Selectmen and also the Executive Secretary on a day to day basis.
2. Joseph Roppolo- worked in construction for over 30 years, clean and orderly, good with landscaping and is able to repair a sprinkler system. He is OSHA Certified to build staging, is a trustee on the Local Union, Brockton. Ropollo explained that this would be his only job and would be available on last minute notice. He stated that he is dependable, always completes tasks on time and does a good job.
The Board thanked the Custodial Candidates for coming. There will be one more interview next Tuesday Evening.
III. Treasurer/Collector, Carole McCormack- Sign a TAN (Tax Anticipation Note)
This went out to bid, Citizens’ Bank was the lowest bidder at 3.89% from September 30th to December 31st. This will help the Town until the bills start to come in. The Board signed the TAN.
IV. Russell King, Police Chief- to discuss staffing issues:
The Chief has a grant now to hire a new patrol officer and is expecting another grant by October for another officer. He is looking for the Board to support the hiring of at least one officer at this time. There is an opening at the Academy in October. Jones made a motion to appoint one position at this time, second by Kuchinski. 5-0 Vote.
Murdoch is concerned with the timeliness of the Academy. Jones suggested putting a non- academy trained person on for this appointment since there is an opening at the academy in October. Kuchinski made a motion to appoint Jeffrey Bailey as officer, second Flynn for discussion: Murdoch would like to ask the Chief for a recommendation - King recommends Doug Smith he is very qualified. 2-3 Vote. (motion fails)
The Chief listed his recommendations in order:
1. Doug Smith
2. Andrew Gilbert
3. Marc Vigneau
4. Jeff Bailey
5. Leo Arsenault
Murdoch made a motion to appoint Doug Smith, second by Jones. 5-0 Vote.
V. Fire Chief Search Committee- Webster explained that the Fire Chief is due to retire next year and the Board should start thinking about formulating a committee and set up assessment centers.
Webster suggested- 3 citizens, 1 Finance Committee Member, 1 Board of Selectmen Member, 1 Fire Dept Union Rep., 1 Wage and Personnel Member. Jones recommended to let the public know that at least 2 members of public will be on the Committee- Should have applications in no later than October 12, 1999. Should get the Committee up and running by mid- October.
VI. Recommend Articles:
ARTICLE 1: To see if the Town will vote to amend the General By-Laws by adding to Part 3 – Articles Relating to the General Public the following:
Article 3 – 16 Discharge of FirearmsSec. 1. The discharge of a machine gun is prohibited within the Town of Hanson. A machine gun being described pursuant to the M.G.L. Chapter 140, Section 121 as “A weapon of any description, by whatever name known, loaded or unloaded from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger.” Police Officers while carrying out their official duties or training with the approval of the Chief of Police shall be exempt from said by-law.
Sec. 2. Whoever violates the provisions of this By-Law shall be punished by a fine of not more than one hundred ($100.00) dollars for each offense.
Motion by Flynn, second by Jones. 4-1 Vote (Kuch. nay)
ARTICLE 2: To see if the Town will vote to amend Article 1-2 of the General By-Laws of the Town by adding the following new Section 12: “ Section 12. The order for consideration of all Town Meeting Articles shall be chosen in lottery fashion by the Town Clerk, assisted by the Town Moderator. After an article has been drawn for consideration, subsequent articles shall not be drawn until Town Meeting has acted on the drawn Article.
For the Purpose of this By-Law an exemption shall be made for the first four articles of the Annual town Meeting which shall be in the following order: 1. To hear the reports for the various Town Officers, Committees, Special Committees; 2. To see if the Town will vote to approve the Capital Improvement Program; 3. To hear the article (s) to fix the Salary and Compensation of officials and employees of the Town, and 4. The Budget Article,” or take any other action in relation thereto.
The Board decided to hold this Article for a presentation.
ARTICLE 3: To see if the Town will vote to authorize a revolving fund under the provisions of G.L. Chapter 44, Section 53E ½ for the use by the Parks and Fields Commission for the sport programs including maintenance and equipment. The receipts will be generated through a recycling program at the Hanson Transfer Station, and any receipts generated through use of the fields and donations. The Parks and Fields Commission is authorized to expend from the fund for the stated purpose without future appropriations subject to the restrictions contained in G.L. Chapter 44, Second 53E ½ an amount not to exceed $15,000.00. Expenditures shall not be made or liabilities incurred in excess of the balance of the fund at any given time or take any other action
in relation thereto.
Motion by Flynn to recommend, second by Jones. 5-0 Vote.
ARTICLE 4: To see if the Town will vote to amend the Hanson Zoning Bylaws by deleting Section IV, Paragraph A, and insert the following:
A. Alteration, Extension, or Change. As provided in M.G.L.A. ch. 40A. s.6, as may be amended, the alteration, reconstruction, extension or structural change (hereinafter collectively “alteration”) to a nonconforming single or two family residential structure shall not be considered an increase in the non-conforming nature of the structure and shall be permitted as a matter of right under the following circumstances:
(i) Normal repairs or replacement of parts of any non-conforming structure, provided that such repair or replacement does not constitute an extension of a non-conforming use of such structure.
(ii) Alteration to a conforming structure where the alteration will also comply with all applicable sections of the zoning bylaws in effect at the time of application, if the existing structure is located on a lot which is non-conforming as the result of a zoning change.
(iii) Alteration within the existing footprint of a non-conforming structure to comply with requirements of the Massachusetts Building Code.
(iv) Alteration to a non-conforming structure where the alteration will comply with all applicable sections of the zoning bylaws in effect at the time of application, and will not increases the habitable space.
(v) Alteration to a non-conforming structure on a lot of at least 20,000 square feet, where the alteration will comply with all applicable sections of the zoning bylaws in effect at the time of application, including, but not limited to setback, yard, building coverage, and height requirements.
(vi) In cases where the applicant seeks to increase the height of any structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no alteration as of right under this section.
Other preexisting nonconforming structures or uses may be extended, altered, or changed in use on Special Permit from the Board of Appeals, upon a finding by the Board that such alteration, extension, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use, or take any other action in relation thereto.
Flynn explained that this article would allow those with non-conforming lots to be able to put in a pool, shed or deck as long as it does not make the lot any more non-conforming. Lila Coyle explained that only one member of the Board of Appeals drafted this article and she explained that she feels it needs to be more specific before being voted on. Webster asked Coyle to speak with Counsel to see if it can be amended on the floor of Town Meeting because this is a very important issue. Motion by Flynn to recommend this article, second by Jones. 4-0-1 (Kuch abst.)
ARTICLE 5: To see if the Town will vote to appropriate a sum of money for the acquisition of the land formerly used as the Plymouth County Hospital campus, together with the improvements thereon, for open space and other municipal purposes; to determine whether this appropriation shall be raised by borrowing or otherwise, or take any other action relative thereto.
Webster informed the Board that VHB will assist in a presentation at Town Meeting and will also be in at the next Board Meeting. Motion by Flynn, second by Jones to recommend this Article. (To be presented by Webster) 5-0 Vote.
ARTICLE 6: To see if the Town will vote to transfer a sum of money from free cash and transfer from stabilization to Article 7 of the May 1999 Special Town Meeting to Conduct Engineering, Environmental site study and remediation, and land use analysis at the Plymouth County Hospital Site or take any other action in relation thereto.
The cost would be approximately $150,000. Motion by Flynn to recommend, second by Jones. 5-0 Vote. (To be presented by Webster)
ARTICLE 7: To see if the Town will vote to abolish the position of Executive Secretary as created at the Annual Town Meeting, April 1, 1985, in accordance with M.G.L., Chapter 41, Section 23A, or take any other action in relation thereto.
Kuchinski explained that she believes this article is awaiting the outcome of Nugent’s Agreement. Jones stated that there is no relevance between the two articles. Murdoch believes this is a foolish article. Mr. Edgehille, who proposed this article, explained that this article was to get the Selectmen’s Attention. This is the position not the individual. They simply want to clarify the job description and want no power in this position. Edgehille also stated that the people do not want a Town Manager. Flynn made a motion not to recommend this Article, second by Jones 4-0-1 (Kuchinski abstained).
ARTICLE 8: To see if the Town will vote to transfer a sum of money from free cash and/or transfer from stabilization to Article 5, Line 30, Selectmen Clerical Wages of the 1999 Annual Town Meeting or take any action in relation thereto.
Webster explained that this article could be $35,000 or it could be passed over- depending on the outcome of the Arbitration with the Clerical Union. The Board decided to hold on this article until next week.
ARTICLE 9: To see if the Town will vote to transfer a sum of money from free cash and/or transfer from stabilization to Article 9 Employee Sick and Vacation Time Buyouts of the May 1998 Special Town Meeting or take any action in relation thereto.
This would fund the Sick Time and Vacation Time Buyout for the Executive Secretary, approximately $28,000. Motion by Jones to recommend, second by Murdoch. 4-0-1 (Flynn abstained) ( To be presented by Murdoch)
ARTICLE 10: To see if the Town will vote to transfer a sum of money from free cash and/or transfer from stabilization to Article 9 Employee Sick and Vacation Time Buyouts of the May 1998 Special Town Meeting or take any action in relation thereto.
Motion by Flynn, second by Jones. 4-0-1 (Kuchinski abstained) ( To be presented by Flynn)
ARTICLE 11: To see if the Town will vote to transfer a sum of money from free cash and/or transfer from stabilization to fund the Executive Secretary Position for the balance of FY2000 or take any action in relation thereto.
Webster explained that this article would be for approximately $35,000 to fund a new Executive Secretary for Jan. thru June. Bruce Young asked why we need this money. Webster explained that Nugent will receive a severance package. Motion by Jones, second by Murdoch 3-0-2 (Kuch and Flynn abstained) ( To be presented by Webster)
ARTICLE 12: To see if the Town will vote to transfer a sum of money from free cash and/or transfer from stabilization a sum of money to be expended in conducting the search for a new Fire Chief and a new Executive Secretary or take any action in relation thereto.
The amount for this Article will be $12,000. Motion by Flynn, second by Jones. 5-0 Vote ( To be presented by Kuchinski)
ARTICLE 13: To see if the Town will vote to raise by borrowing $49,000.00 for the Triennial recertification of the Town’s Real Estate and Personal Property valuations, as required by Massachusetts General Law, Chapter 797, Acts of 1979, or take any action in relation thereto.
Motion by Flynn, second by Jones to recommend. 5-0 Vote.
ARTICLE 14: To see if the Town will vote to transfer a sum of money from Free Cash and/or the Stabilization Fund to be added to the 1998 Annual Town Meeting, Article 12. Exhaust System for the Liberty Street Fire Station or take any other action in relation thereto.
The amount is unknown at this point. The Board decided to hold on this article for an explanation.
ARTICLE 15: To see if the Town will vote to transfer from free cash and/or the stabilization fund a sum of money for the labor project (painting various office files and fixtures) and office furnishings or take any other action in relation thereto.
Kuchinski suggested checking to see if other town departments have similar needs. The Board agreed to hold on this article until Town Meeting.
ARTICLE 16 : To see if the Town will vote to transfer a sum of money from Free Cash to be added to the Stabilization Fund or take any other action in relation thereto.
The Board held this Article until the free cash figure is in.
VII. Vote to release 61A Land owned by Rickart Connole. Motion by Jones, second by Murdoch. Voted 5 - 0
VIII. Brian Stone, member of the Hanson Rod and Gun Club- questioned the Board regarding the Machine Gun Shoot Article. Webster explained that there is a lot of violence going on and Machine Guns are used for only 2 things- crime and war. Stone encouraged the Board to attend a Machine Gun Shoot, they are very safe. The audience questioned the fact that this article was proposed by a member of the Board of Selectmen. Murdoch explained that she took a personal initiative to prepare this article and she has every right to do this.
IX. Accept Minutes- The Board is still reviewing these minutes. A member of the Audience complained that these minutes are not done. Jones explained the minutes are typed but the Board has not accepted them yet.
X. Executive Secretary Search Committee- Jones made a motion to appoint Roger McGovern as the Finance Committee member of the Search Committee- Murdoch stated that anyone who signed the article to abolish the Ex. Sec. Position should not be on the search committee. There was some discussion over appointing McGovern when there were other members who expressed interest. Jones explained that it is tradion for the Chairman of a committee to have first option at appointing him or herself. Second by Flynn. 4-0-1(Kuchinski abstained)
Arthur Brasill, Finance Committee commented on Murdoch’s comment regarding the Article to Abolish the Executive Secretary. He believes signing that article should have no bearing on being on the Committee since the Article is to abolish the “person not the position”- Murdoch explained that the proponent of the Article explained the article as just the opposite.
The next appointment is for the citizen member. Jones suggested either Kathy Marini or Bob Sears because the other two applicants are already very active in Town Government and this will give someone else a chance to become active as well.
Jones made a motion to appoint Kathy Marini as the citizen member of the Executive Secretary Search Committee, second by Murdoch. 5-0 Vote.
XI. Vote- One Day Common Victualler License- Motion by Kuchinski to approve the one day common victualler license to Joseph and Margaret Westfield for November 11, 1999 for a benefit walk, second by Jones. 5-0 Vote.
Murdoch mentioned the Habitat for Humanity has acknowledged Anne Ricco has been nominated for Board Member of the Year.
XII. Executive Secretary Report:
Highway Department has a request for release of Surplus Property- F250 Truck- not running. The highest bid was $42.50. Motion by Kuchinski to accept the bid of $42.50, second by Jones. 5-0 Vote.
A request came in from a resident asking the Board to investigate and determine if a piece of land can be auctioned off or sold. The Board would like to hear from the Assessors and Treasurer/Collector.
Murdoch reminded the citizens that the Food Pantry is in need of donations for the holidays. Kuchinski added that she would like to request information from Richard Harris regarding prevailing wage rates.
Lila Coyle announced that the Board of Appeals Administrative Assistant is leaving to work for the Planning Board. She is requesting that Mr. Nugent ask the Clerical Union for a waiver to advertise and post simultaneously for this job opening.
Webster explained the terms of the Executive Secretary Separation Agreement: He will resign from the position December 31, 1999 and the Town will pay him his sick time buyback, 6 months severence pay, the land will be deeded over to the Town and the Town will reimburse Nugent $200 for the purchase and any taxes he has paid. Webster also suggested the Board issue a press release. Jones made a motion to accept and sign the agreement, second Murdoch. 3-0-2 (Kuchinski and Flynn Abstained).
Murdoch made a motion to move into Executive Session under #3 Clerical grievance & #6 VHB for Plymouth County Hospital, second by Flynn. 5-0 Roll Call Vote.
The Board entered into open session to announce no votes were taken in Executive Session.
Kuchinski made a motion to adjourn, second by Murdoch. 5-0 Vote.
Meeting adjourned at 11:00 p.m.
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