Selectmen’s Meeting Minutes of July 27, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Cathy Kuchinski, Peter Jones, Charles Flynn and Executive Secretary Joseph Nugent
I. Chairman opened the meeting at 7:30p.m. Prior to the first item on the agenda, Webster took a moment to explain, to the public, issues surrounding the five day work week within the Town Hall. Webster explained that since July 12th, Management has been working a five day work week. The hours for the Town Hall are from 8-4 daily and Tuesday Evenings 6-9p.m. The Union has not been working and have not been ordered in to work due to negotiation issues. The Board of Selectmen feel, in order to limit the Town’s Liability, and to expedite the grievance procedure, it is in the best interest of the Town not to order the Union in to work Fridays. A tentative arbitration date has been established for September 13th and agreed to by both the Town and the
Union. Mr. Webster recognized Lila Coyle. Mrs. Coyle read a prepared statement alluding to a number of issues which Mr. Webster had already explained.
II. The Chairman recognized Mr. Mark Devlin- explained that on Sunday July 18th at 9:30 a.m. the Conservation Commission Chairman Steve Croghan, came to his property in order to inspect the possibility of wetlands being filled. Croghan alleged the Conservation Commission had received a complaint from Paul’s Appliance and needed to investigate whether there were any conservation violations. Subsequent to the inspection, Mr. Devlin stated, he checked with Paul’s Appliance and representatives of the company, denied filing any complaints with Conservation. Mr. Devlin asked under what authority Mr. Croghan has the right to trespass on someone’s property without notification. The Board agreed to contact Steve Croghan and request a written explanation. In subsequent dialogue amongst Board Members, the Board by consensus agreed to review some type of complaint form.
III. The Chairman recognized Samuel Germaine, Building Inspector and Vincent Flaherty, Health Agent: The Board asked Germaine and Flaherty to be present as a result of conversation that took place at the Selectmen’s Meeting of July 13th concerning issues which took place at the Merry Property at 631 Pleasant Street. Sam Germaine, Building Inspector explained that as a result of a memo from the Board of Selectmen, he was asked to coordinate a meeting with the Health Agent, to conduct an inspection at the Merry Property. While checking the location of the Merry Property, Mr. Germaine observed the health agent Vincent Flaherty on the property speaking with Mrs. Merry. He pulled over and proceeded to the property, where he introduced himself to Mrs. Merry.
He asked Mrs. Merry if it was OK for him to walk around the outside of the property and was given permission to do so. As a result of his investigation, he explained to Mrs. Merry, the Town bylaw concerning the number of unregistered vehicles which are allowed on private property. Mr. Germaine stated that Mrs. Merry told him she would attempt to correct the situation. Germaine said he would return in 7 to 10 days. When Mr. Germaine returned to the site Mrs. Merry indicated to him that she did not wish him to inspect the property. He left and has not been back on the site since. Webster asked Germaine how many cars he observed on the property. Germaine stated over 10. Ms. Kuchinski asked Germaine if he called prior to going out to the property. Germaine answered that while driving on Pleasant Street he observed the Health Agent talking to Mrs. Merry so he stopped. Kuchinski asked what the normal practice was to investigate
a complaint. Germaine indicated that he generally sends a letter saying that his office has received a complaint or he may leave his card at the front door with a notation concerning the complaint. Kuchinski suggested the Building Inspector follow up with a certified letter when dealing with complaints. Jones asked Germaine if there were cars removed from the site when he returned. Germaine stated he did not have permission to go on the site, he indicated that Mrs. Merry told him she would bring copies of receipts for the cars that were removed. Flynn asked if he has since gone back to the site and Germaine said no. Health Agent Vincent Flaherty explained to the Board that he went to Mrs. Merry’s residence and introduced himself. He showed Mrs. Merry a copy of the letter he received from the Selectmen’s Office he stated that Mrs. Merry invited him in and gave him permission to take pictures. Flaherty explained the
rationale for taking pictures at site inspections. He stated that pictures allow him to document specifically what is at the site rather trying to explain verbally what he sees. He stated that it is common practice for Health Agents to take pictures on any inspection they do. Flaherty explained that the next day he parked on Pleasant Street near the Merry Property since he was scheduled to observe percs for the Pleasant Street housing project. At that time Sam Germaine stopped by and introduced himself to Mrs. Merry. Flaherty said that on several occasions thereafter, while observing percs at the Pleasant Street Housing Site, Mrs. Merry would come out and talk. Flynn asked Flaherty if the Board of Health notifies people of inspections. Mr. Flaherty indicated that generally there is no notification of a Board of Health inspection, since the very nature of there inspections generally involves health or safety issues and notification in
advance would defeat that purpose. Dan Webster asked Flaherty how many times he visited Mrs. Merry’s property and how many times he spoke with her because he was near the site. Flaherty indicated that he visited the Merry property on Town business twice and while in the area of Hanson Pines, spoke with Mrs. Merry approximately 8 times. Mrs. Merry had commented that Flaherty had been to her house approximately 11 times. Flaherty did indicate that Mrs. Merry asked that the pictures not be distributed. Flaherty spoke to her and explained that the pictures would become the property of the Board of Health. Kuchinski expressed concern about the appropriateness of the pictures. Flaherty explained that the pictures allow him the ability to document the site so that the Board of Health can get a true understanding of the site. Flaherty also pointed out that he did not observe any health code violations at the Merry property and indicated
that in his letter back to the Board of Selectmen. Dan Webster commented on dealing with complaints within the Town by those public officials which are designated as enforcement officers. Webster alluded to a sample of a complaint form which was distributed with the agenda packets for the Board members to review. He felt that notification was appropriate at least as it relates to building violations and he felt that it should be sent certified outlining the approx. time and date when he expected to visit the property. As Webster described the complaint form Board members made comments:
Kuchinski felt the complaints should be logged and the Board should deal with each complaint. Jones felt that one log should be kept for the Board to review as did Flynn and Murdoch. Jones also indicated that he felt that permission should be requested before any pictures are taken. Kuchinski agreed, however indicated she felt a release should be signed by residents prior to photos being taken. Jones made a motion that the Building Inspector send in writing (not certified) before follow up on complaint inspections. Kuchinski seconded. 4-1. The Board discussed the complaint form and there was a consensus that the office would keep a log of complaints for review by Board Members.
IV. Parks and Fields- Ed Bates, Bob Hayes, Anton Trigler presented a plot plan of the Crooker Place Property owned by the Town and explained to the Board that they would like to explore the possibility of developing sports fields and parking at the site. They have been in touch with Rep. Marini and he will be in contact with representatives of the MBTA so they may begin to examine the crossing area as part of the access. The Chairman recognized Barbara Burt, resident from Crooker Place who read a statement echoing concerns of the citizens of Crooker Place and signed by the same. (see attachment). The Board entertained discussion concerning issues surrounding the development of the Five Acre Crooker Place property. Board members commented on issues regarding the Commuter rail and
safety crossing the area. Traffic at the end of Crooker Place at the Gas Station, the narrow layout of Crooker Place and the potential of sidewalks. Dan Webster also read into the meeting, the police report submitted by Lt. Savage concerning the safety audit of Crooker Place. The Board agreed to further investigate the issues raised and to reconvene on August 24th for further discussion. The Board also directed the Executive Secretary to contact other Boards and Committees in Town for input.
V. Lakeside Terrace Residence - Rachelle Grant spoke to the Board concerning issues in dealing with Media One on Lakeside Terrace. she explained to the Board that Media One started working without any notification installing underground cable, it was her understanding that Digsafe was never notified and there was no explanation of any easement or rights to dig up what people felt was there personal property. Mr. Webster attempted to explain to Mrs. Grant that the Town believed that there is a utility easement along the edge of the roadway which allows the utility companies to do work in those areas. Mrs. Grant was concerned because there was no record of any utility easement on any plans at the Town Hall and she felt the Town should be more aware and more
protective of the residents. She also expressed concerns regarding her assessment on her taxes if there was an easement on her property. She stated that she did not want any further work done at her property area without first determining the extent of the easement. Mr.. Murray, a resident of Lakeside Road stated to the Board that in his opinion, Media One, had certain rights to install cabling overhead but was not considered to be a utility company and so did not necessarily have the rights to work within the utility easement. The Board agreed to set up a meeting within the next week and to invite representatives from Media One, Planning, Board of Assessors and Members of the Cable Committee. They also agreed to check with Eastern Utilities to try and find some background concerning utility easements.
VI. Assessors- The Board recognized Assessors Susan Thornton, Dan Ward: Mrs. Thornton asked to explain some issues that were outlined in Everett Marder’s Report. She explained that Lots on the Assessors Maps were combined as a result of remapping by Stone & Webster in Approx. 1991. This practice has been common in many towns. Lots that are combined are generally owned by the same party and are contiguous in nature and while they are combined for assessing and mapping purposes only, records with in the Assessors Office generally indicate the makeup of these lots. She felt that Town Counsel’s report did not necessarily outline the true responsibility of the Assessors Office. She also indicated, that had the Treasurer/Collector
engaged in more interaction with the Assessors office concerning the Tax Title Process, mistakes would have been picked up sooner. Board Members expressed their concerns with the combining of lots even though it may only be for assessing purposes.
VII. Motion by Murdoch, second by Kuchinski to vote to allow Annette Paturelli permission to hold a walk run on Sunday September 12, 1999 at 11:00 a.m. starting at Memorial Field. 4-0-1 (Jones abstained- indicating he does not support any events starting before 12:00 p.m. on Sunday)
VIII. The Board announced that on July 29, 1999 at 12:00 P.M. Joe Lerner from the State office of Conservation Services will be touring Camp Kiwanee. A discussion will follow concerning potential uses for the area. This meeting will also include a luncheon and Selectmen are invited.
IX. The Chairman announced discussion with teh Golf Course Study Committee will be postponed until September at which time the Committee will present an update concerning the status of a proposed Golf Course for the Town.
X. The Chairman asked Board members to consider development of Goals and Objectives for the Exec. Sec. Police Chief, T/C and Town Accountant. Mr. Webster would like to continue discussion of this at our meeting of August 24, 1999.
XI. Daniel Webster informed Board Members that a letter inquiring as to an Open Meeting Law Violation had been received by the Board. This initial inquiry was made by Betty Dahlberg to the District Attorney’s Office. The letter alleged that a possible Open Meeting Law violation took place at the Selectmen’s Meeting of June 22. After discussion with Town Counsel, Webster feels no violation has taken place. He is looking for input from Board Members prior to answering the District Attorney’s letter. After brief discussion, there was a motion by Judy Murdoch, second by Jones to have Webster draft a letter to the District Attorney’s Office. 4-0-1 (Kuchinski abstained).
XII. Chairman Webster recognized Paul Dias. Mr. Dias requested time to make comments concerning Chairman Webster’s letter which outlined his requirements for a Certificate of Inspection. Mr. Dias made several comments concerning the background and the history of his auction gallery as well as allegations that the actions taken by the B.O.S. were in retaliation for his involvement with the Citizens Group. On several occasions Mr. Webster reminded Mr. Dias to keep to the point and indicated that the Board was dealing with the issue concerning his requirement by statute to have the certificate for his premises. Webster asked for comments from Board Members:
Kuchinski indicated that the Board should do more research prior to taking any action.
Murdoch felt that the Town was responsible, now that it has been brought to our attention, and we should pursue the matter until it is resolved.
Jones suggested we take it under advisement and review Dias’ concerns.
Flynn feels there appears to be a need for an assembly permit based on the information the Board has received to date.
Webster asked Board Members what it is they wish to do to look into this situation further. Citizen Kathy Marini asked the Chairman to check the various statutes to find out if Dias may be covered under another section of the law. There was a consensus of the Board to have the Chairman contact Town Counsel and double check their opinion concerning the legal requirements as it relates to Dias’ business operation. Kuchinski commented in closing, there was no number of patrons stated on the permit for the Bowladrome at the Hanson AA or the American Legion.
XIII. The Board discussed the letter submitted by Everett Marder concerning the potential for charges and hearings to be held involving the Treasurer/Collector and Executive Secretary. Kuchinski indicated that she did not feel the Board should rush forward with the hearing since it might jeopardize a criminal investigation being done by the District Attorney’s Office. Webster indicated that a criminal investigation would be completely separate from the Administrative Hearing and the Board should continue and plan on holding the hearing on August 10th. The Board discussed the manner in which they would summarize charges. Jones indicated that in his experience a letter should have specific charges usually outlining specific issues. He suggested that members should
discuss some issues and turn it back to the Chairman and Town Counsel to draft the appropriate letter. Members should give their opinions to the Chairman. Murdoch stated that the Board needs to clarify the type of charges for both people. Kuchinski agreed with Peter Jones, the Board should bullet a list of charges to be addressed. Webster asked what specifically in McCormack’s letter members are concerned with. Murdoch indicated that we should draft a letter to sum up the points made by Everett Marder in his draft letter. Jones indicated the Board should deal with why the Treasurer/Collector did not bring this to the Board of Selectmen. Murdoch asked for clarification on why there is a lack of notification for the other lots which was followed by dialogue from the other Board Members.
Kuchinski wanted to find out if McCormack felt she was under an order from the Chairman of the Board of Selectmen. Webster asked again for Board Members to clarify issues concerning Nugent. Jones indicated that the Board should deal with the issue on why this was not brought to the full Board of Selectmen. In addition, clarification concerning the allegation of pressuring the Treasurer/Collector and finally, buying a building lot for $200. Board members agreed that Webster would speak with Town Counsel and draft the appropriate letters.
The Board discussed that actual hearing process: Webster indicated that Everett Marder had informed him that there is a limited need for the Board to call witnesses. He indicated that the Board would discuss issues and stipulate to the Report filed by Marder. Jones added that the report should also include the one page correction subsequently filed by Marder. Kuchinski questioned whether the Board should call witnesses to clarify the report. Webster felt that the report would stand on its own and will not rule out looking into clarifying specific parts if needed. Murdoch indicated that if the letters cannot be sent by the Board by August 3rd then we should postpone the hearing date beyond August 10th.
XIV. Executive Secretary’s Report:
Nugent discussed the proposed bike run through the South Shore. This is the National Multiple Sclerosis Society sponsering the Oceanside Bike Fest 1999 to be held September 18, 1999. It will begin at Duxbury Intermediat School and will run through Hanson on Monponsett Street Rt. 58. Motion by Murdoch, second by Kuchinski to support the Bike Run. 5-0 Vote.
Nugent indicated that there is a request for release of 61A Land from Rick Connole. Nugent indicated that per the Town’s Policy the appropriate Town Departments have been notified and will be responding over the next several weeks.
Executive Session under #3 and #6. Collective Bargaining and Lease and Sale of Real Property . Motion by Murdoch second by Kuchinski. Roll call Vote. 5-0 Vote
Motion to adjourn 1:00 a.m. by Flynn, second by Jones. 5-0 Vote.
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