Minutes of Selectmen Meeting
January 18, 2000
Present: Judy Murdoch, Cathy Kuchinski, Daniel Webster, Stephanie McSweeney and Peter Jones.
Board of Assessors were present to discuss a few issues of concern. Present were Dan Ward, Sue Thornton, Steve DeDominici and Assessor Cindy Long
Chairman Webster welcomed the Assessors to the meeting. The Boards discussed the evaluation tool. The Assessors pointed out that they developed their own tool a few years ago and it has worked successfully. They have reviewed the new tool the Selectmen have drafted and believe it is similar to theirs. They discussed the necessity of having a universal tool so that everyone is being evaluated equally. Chairman Webster explained that percentage increases would not be determined by the results of the new evaluation tool. The Assessor indicated that they would like to get a baseline for a percentage increase. Mr. Webster explained that boards will need to meet with the Finance Committee to determine the financial health of the Town. At that point a baseline should be
established. It was noted that most contracts have a 3% increase. However, the contracts also carry other benefits which the Wage and Personnel and department heads do not receive.
In-law apartments - The assessors requested some guidance on dealing with illegal in-law apartments. Many homes have them and there is no by-law addressing the issue. Currently, a special permit is necessary in order to construct an in-law apartment. The assessors are looking for unified enforcement. Mr. Webster pointed out that the Town cannot selectively enforce the illegal apartments. Mr. DeDominici suggested appointing a sub-committee to research the matter and check with surrounding towns to see how they deal with the issue. Mrs. Murdoch pointed out that in many cases elderly parents who are living with their children either pass away or move, leaving an empty space in these homes. It would be difficult to restrict who can live in these apartments. The assessors
are seeking clarification. In many instances, when there is an illegal apartment, the owner will not allow the assessors to inspect the premises. In this event, the assessors assess the property at a higher evaluation. Both Boards feel there needs to be a town wide decision on the matter. Suggested sub-committee would consist of a Board of Appeals member, Assessor, Selectmen, Town Planner, By-law committee member and a citizen at large. At this time the Board of Selectmen recommended that no action be taken on the illegal apartments until the matter is resolved. The Assessors will keep the Selectmen and the Appeals Board informed of violations. Mrs. Thornton expressed her concern regarding liability for not enforcing the zoning. Mr. Webster indicated that he did not feel that the town would be liable.
MOTION by Stephanie McSweeney, second by Judy Murdoch to appoint a subcommittee of no more than 5 members to fashion a zoning by-law for in-law apartments, review currents status within the town and research other towns. Voted 5 - 0
Town Vehicle - The assessors explained that there has been some serious problems with the Town Vehicle the Assessors have been using. They do not feel the vehicle is safe. It is constantly breaking down and becoming very costly. They have proposed to Capital Improvement a new vehicle. They were notified to have the vehicle inspected in October because the mechanic did not believe it would pass the new emission tests. The vehicle did pass the October. The vehicle is used 3 to 4 hours per day. Ms. Kuchinski suggested the assessors look into a used vehicle due to the type of use it will be getting. A new vehicle will become old quickly with the type of driving the assessor do.
Appellate Tax Board - The assessors indicated that there was a case recently that was lost due to lack of counsel. They believe that the particular matter could set a precedent because at involved commercial property. They requested that legal counsel be present for formal hearings. Generally there are approximately six cases per year. All the informal cases are heard on one day and all the formal hearings are held on another days. The assessors indicated that the issue do not involve a great amount of money. Chairman Webster suggested getting an estimate from Town Counsel before calling them in.
Liquor License violations - discussed having Chief King prosecute the hearings instead of Town Counsel.
MOTION by Stephanie McSweeney, second by Cathy Kuchinski to have Chief King prosecute the Liquor License violations hearings scheduled for January 25th. Voted 5 - 0.
Union Steward Mary Kuketz came in to discuss possibly having a union employee cover the vacation time in the Assessor’s Office. Mr. Webster explained that at a previous meeting the Board granted coverage for the Assessor’s office and they had an individual lined up to help. Mrs. Kuketz’s feels there was a break down in communication. When she sent the memo back to the Selectmen she was expecting notification that when the coverage was granted she would then try to find someone. Cindy Long explained that the individual scheduled to cover has had experience in the office, gone to training and knows the computer system. Mrs. Kuketz’s suggested a compromise between the Treasurer Collector’s office and the Assessors. A staff person in the Treasurer
Collector’s office would like to pick up additional hours. However, the hours of coverage the Assessors are requesting would conflict with her duties in the Treasurer Collector’s office. Mr. Webster indicated he is not comfortable disrupting one office to cover another. Ms. Kuchinski indicated that although she encourages cross training in different departments, she still has a problem with an employee taking a month off. Mr. Jones suggested taking a hard look at vacation coverage. Mrs. McSweeney suggested blocking busy times in a particular office and not approving vacation during those dates.
Al Hanscom of VHB was presents to up date the Board on the underground storage tank removal at the Plymouth County Hospital. Everything went smoothly. The contractor did hit two water lines. One was marked and another did not appear on any of the plans. The Contractor will recoup the costs of approximately $200 - $300. There are two piles of contaminated soils which are waiting to be analyzed. There are two options for removal, one would be to a landfill at a cost of $15,000 and another would be asphalt batching which would cost $30,000.00. The type of removal would depend on the results of the analysis which are expected by the end of the week. Mr. Hanscom indicated that the allowance for the analysis was not included in either contract with VHB or Keystone Environmental. The cost will be approximately $5,000.00. Mr. Hanscom also explained that they found there had been a minor sidewall excedance of fuel oil once one of the storage tanks was removed. It was a small pocket
of soil, less than 5 cubic feet. A change order for either of the contracts will be necessary. Mr. Hanscom believes that the contract with Keystone will come in considerably less than the contracted price of $84,000.00. Keystone has been very efficient.
MOTION by Judy Murdoch, second by Stephanie McSweeney that an amendment be drafted to the VHB contract not to exceed $6,000.00 for soil analysis, costs and labor associated with remediating the contaminated soils for disposal. Voted 5 - 0.
Crooker Place/Board of Health Issue - Chairman Webster informed the Board that he had received a request from the Board of Health to contact Town Counsel regarding an ongoing health violation on Crooker Place. Mr. Flaherty came in to address the Board. He explained that the property is a 2-family with a breakout of septic. The owner does not live on the premises and has not responded to notifications even after being served by a constable. The Court Magistrate found cause. When the parties went to court the owner indicated his attorney was not present. The judge continued the matter to March 22, 2000. The Board of Health has had the system pumped twice. Mr. Flaherty does not believe the matter can wait until March. Requesting Town Counsel’s assistance to
expedite the case. Mr. Flaherty has never been allowed inside the dwelling and does not know if other health issues exist.
MOTION by Cathy Kuchinski, second by Dan Webster to authorize Town Counsel to look into the matter. Voted 5 - 0
Board of Health vacation coverage - The Board asked Mr. Flaherty if he felt it was necessary to provide vacation coverage. Mr. Flaherty indicated that the dump stickers were a small part of the work in the office and in the past other offices have sold the stickers. Treasurer/Collector Carole McCormack was present. Mr. Webster asked if it would be a problem for her office to sell the dump stickers during the vacation period. She said it would not. Mr. Flaherty did not have problem with it. He is out of the office most of the day. Mrs. Murdoch suggested that an appropriate message on the voice mail may alleviate some of the work load if people were aware that the secretary was not available. A recommendation was made that the Board of Health issue a press release notifying
the public that the office would not be open regular hours from January 31 - February 3, 2000 and suggested mentioning same at the next Selectmen’s meeting.
MOTION by Judy Murdoch, second by Stephanie McSweeney to deny the request for vacation coverage and that the Board of Health suggest minor shifting of duties of the Agent to accommodate the public. Voted 4 - 1 (Webster)
Executive Secretary - Chairman Webster indicated that he wants to be sure the Board has all the necessary information in order to make a decision. Judy Murdoch indicated she was comfortable with her information. Cathy Kuchinski suggested another interview, but would be able to make a decision at this time. Mr. Jones indicated that he is still waiting for a few return calls, but would be in a position to make a decision tonight. Stephanie McSweeney had all her information and could make a decision but would suggest another meeting. Consensus was to post a meeting at 6:30 p.m. January 25th and schedule one interview at 6:30 p.m. and another at 7:00 p.m.
Furnace Issue - Proposals from three additional contractors were presented to the Board. Some of the proposals were for standard units and the others were for high efficiency units. Mrs. Murdoch suggested in light of the fact that no one has enough knowledge regarding the furnaces, that the Board have Gary Young review the proposals and make a recommendation. If all the proposals are equal give the contract to the lowest bidder.
MOTION by Judy Murdoch, second by Cathy Kuchinski to authorize Mr. Webster to accept the lowest proposal after consulting with the plumbing/gas inspector. Voted 5 - 0.
Unemployment for Mr. Nugent - Mrs. McCormack was present and requesting to Boards wishes regarding representation at an unemployment hearing. She indicated that she would not be comfortable attending such a hearing without counsel present. Mr. Webster indicated that he believes it is a futile effort. Mrs. Murdoch does not wish to expend any additional funds on the matter. However, if a hearing is held, counsel should be present.
MOTION by Judy Murdoch, second by Peter Jones to withdraw the objection to DET. Voted 3 - 2 (Kuchinski & McSweeney)
Fire Log - Mrs. McSweeney indicated that she has received several inquiries as to why there is no fire log published in the newspapers when other towns publish theirs. Mr. Webster pointed out that when the issue was addressed several weeks ago he spoke to the Chief and the Chief sited privacy issues. The Chief indicated that it would require time from the staff to sanitize the log for publication and that he feels the department should be paid for same. A brief discussion ensued.
MOTION by Stephanie McSweeney, second by Peter Jones to request the Fire Chief issue the fire log to the newspapers and public in sanitized form at no charge to the newspapers or anyone requesting the information and no departmental overtime to be incurred. Voted 5 - 0
Mr. Nugent’s property - Mrs. McSweeney inquired into the status of Mr. Nugent’s property and suggested filing a les pendens. Mr. Webster indicated that would require additional legal expense and believes that, unless the laws have changed, a suit law must be instituted prior to filing a les pendens. He did not feel the Town should put itself in that position. He suggested that we need to determine the value of the property before moving forward on the matter. Mrs. McCormack indicated that she is awaiting information from Coppola which would outline the alternatives. Mr. Webster felt it is inappropriate for Coppola to be involved. Discussion regarding both Coppola and Kopelman & Paige. Mr. Jones is not comfortable with Coppola at this point. Mr.
Webster indicated that Kopelman & Paige will be assigning new Counsel to Hanson. He would contact them regarding the costs associated with filing a les pendens.
MOTION by Peter Jones, second Judy Murdoch to adjourn. Voted 5 - 0.
Meeting adjourned at 10:35 p.m.
| 
