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Selectmen's Minutes - September 24, 2002
Selectmen’s Meeting Minutes
September 24, 2002


Present:  Robert Forte, Cathy Kuchinski, Daniel Webster (late), Stephanie McSweeney and Peter Jones.  Also present Executive Secretary Winn Davis and Management Assistant Meredith Scozzari.

7:41 p.m. Vice-Chairman Stephanie McSweeney called the meeting to order and read the announcements and upcoming meeting schedule.  Observed a moment of silence for Library Trustee Marie Hanlon who passed away on Friday, September 20th.

I.      Close Classification Hearing – Assessor/Appraiser Cindy Long was present and informed the Board that the official excess capacity limit is $7,965.83.  The tax rate has been set at $13.97 per $1,000.  The 19 cent increase was due to a computer crash just prior to the Classification Hearing in August.

MOTION by Kuchinski, second by Jones to close the Classification Hearing for 2003 and sign the documentation from the State.  Voted 4 – 0.      

II.     Town Accountant – Monthly Report – Barbara Gomez reviewed the budget lines.  The insurance line is depleted and will require a transfer at town meeting.  The overtime for the police and fire is slightly high.  All other lines are at normal expenditures.  Free cash has been certified at $587,522 and stabilization is at $1.4 million. The consultants for the GASB 34 project will be in Town on Thursday.

III.    Building Inspector – Monthly Report – Mr. Kennedy informed the Board that he has been busy with 40B Comprehensive Permit plan reviews.  St. Joseph the Worker Church is complete and the First Congregational Church broke ground last week.  Mr. Kennedy is investigating various complaints.  The Fern Hill Tomb has been refurbished and all safety concerns have been addressed.  The Board thanked Mr. Kennedy for his efforts in resolving the Tomb issue.

IV.     Fire Chief – Monthly Report – Chief Hoyt presented his report.  He informed the Board that Hanson covered mutual aid in Whitman for 7 hours last week, which added to the overtime line.  Informed the Board that the underground gas tanks have been removed from Mangano’s Service Station on Main Street.  There was contamination, which it is been addressed.  The Chief reminded residents to have their chimneys cleaned prior to lighting fireplaces or wood stoves.  The federal grant for the Self-contained breathing apparatus has been awarded to the Town.  The Town’s share for the equipment is $22,100.00.  Consequently, the excess monies in the Capital Improvement article will be returned to the Town.  Thanked Lt. Ralph Becker and Management Assistant Barbara Murphy for their work in filing the grants.  

V.      Police Chief – Monthly Report – Acting Police Chief Edward Savage presented the police monthly report highlighting personnel changes in the wake of Chief King’s retirement.  The Lieutenant’s position must be filled by one of the sergeants creating an opening for a sergeant. Chief Savage reviewed the various dates for the academy, testing and assessment centers.  He reported on the D.A.R.E. activities and summer camp and thanked Officer Nawazelski for his efforts.  He reviewed the courts activities, traffic enforcement and calls for service.  

The Board discussed the need for an assessment center for the lieutenant’s position.  Chief Savage indicated there will be no cost to the Town as area Police Chiefs conduct the assessment.  He believes the process could be completed within 30 days.  Mr. Jones indicated he would prefer to have the Acting Chief’s position negotiated prior to scheduling the assessment center for the lieutenant’s position. Responding to a question from Jones, the Chief stated he would remain up-to-date on the possibility of a COPS FAST grants for the potential filling of a patrolman position created by promotions in the department. A meeting with Mr. Webster, Mr. Forte and Chief Savage is scheduled for September 26, 2002.

MOTION by Jones, second by Kuchinski, to allow the Acting Police Chief to begin the process of selecting a Lieutenant using the assessment center process.  Voted 4 – 0.

Chief Savage also requested the Board appoint Whitman Officers Christopher Lee and Sean Reynolds as special police officers as they work at the Whitman Hanson Regional High School.  The Town of Whitman appoints two Hanson officer’s as well.  The appointment would expire June 30, 2003.  Officer Lee has been on the force for over one year and Officer Reynolds is a five year veteran.  Dr. McEwan supports the appointments.

MOTION by Kuchinski, second by Forte to appoint Whitman Police Officers Christopher Lee and Sean Reynolds as special police officers.  Terms to expire June 30, 2003.  Voted 4 – 0.

VI.     Vote & approve minutes of 4/16, 4/23

MOTION by Kuchinski, second by McSweeney to approve the minutes of April 16, 2002.  Voted 2 – 0 – 2 (Forte & Jones).

MOTION by Jones, second by McSweeney to approve regular and executive sessions minutes of April 23, 2002.  Voted 2 – 0 – 2 (Kuchinski & Forte)

VII.    Land Inventory Presentation – Mr. Davis presented the Board with a color coded map highlighting Town owned land.  Mr. Davis thanked Phil Lindquist, Carole McCormack, Cindy Long and private citizens for their assistance.  The Board reviewed the parcels.  Mr. Davis was requested to add the acreage onto the report.

VIII.   Set Meeting Dates for October, November & December – Set meeting dates as follows:  
Oct 1st, 7th, 15th, 22nd, November 12th, 19th, December 3rd, 10th, and 17th.

IX.     Vote Recommendations for Warrant Articles – The Board reviewed the October 2002 Special Town Meeting warrant.

Article 1 – Unpaid Bills - $2,500.00 – Kuchinski assigned
        MOTION by Kuchinski, second by Jones to recommend Article 1.  Voted 4 – 0.

Article 2 – Unpaid Water Bills - $340.53
        MOTION by Kuchinski, second by Jones to recommend Article 2.  Voted 4 – 0.

Article 3 – By-law amendment  
        MOTION by Kuchinski, second by Jones to recommend Article 3.  Voted 4 – 0.

Article 4 – Insurance Transfer - $5,500.00  - Forte assigned
        MOTION by Kuchinski, second by Jones to recommend Article 4.  Voted 4 – 0.

Article 5 – Police contract retro - $15,100 – McSweeney assigned
        MOTION by Kuchinski, second by Jones to recommend Article 5.  Voted 4 – 0.

Article 6 – Police contract - $95,000 – Kuchinski assigned
        MOTION by Kuchinski, second by Jones to recommend Article 6.  Voted 4 – 0.

Article 7 – Clerical Retro - Hold

Article 8 –  Clerical salary - Hold

Article 9 – Fire – vehicle repair - $2,500
        MOTION by Kuchinski, second by Jones to recommend Article 9.  Voted 4 – 0.

Article 10 – Replenish Stabilization – Webster assigned
        MOTION by Kuchinski, second by Jones to recommend Article10.  Voted 4 – 0.

Article 11 – Water Judgment & interest - $452,000
        MOTION by Kuchinski, second by Jones to recommend Article 11.  Voted 4 – 0.

Article 12 – Assessors recertification - $50,000
        MOTION by Kuchinski, second by Jones to recommend Article 12.  Voted 4 – 0.

Article 13 – Library/COA Van - Hold

Article 14 – Hear Feasibility Study reports
        MOTION by Kuchinski, second by Jones to recommend Article 14.  Voted 4 – 0.

Article 15 – Earth Removal bylaw – McSweeney assigned
        MOTION by Kuchinski, second by Jones to recommend Article 15.  Voted 4 – 0.

Article 16 – By-law change – remove zoning language
        MOTION by Kuchinski, second by Jones to recommend Article 16.  Voted 4 – 0.

Article 17 – Petition Article Accept MGL 111 - Hold
        
Article 18 – Petition Article – funding  - Hold

Articles 19, 20, 21 & 22 – Zoning by-law changes regarding definitions.
        MOTION by Kuchinski, second by Jones to recommend Articles 19, 20, 21 & 22.   Voted 4 – 0.

Article 23 – Open Space Committee – Webster assigned
        MOTION by Kuchinski, second by Jones to recommend Article 23.  Voted 4 – 0.

Article 24– Northland Transfer – Webster assigned
        MOTION by Kuchinski, second by Jones to recommend Article 24.  Voted 4 – 0.

Article 25 – Roller Coaster Road – McSweeney assigned
        MOTION by Kuchinski, second by Jones to recommend Article 25.  Voted 4 – 0.

Article 26 – Catherine Road – Kuchinski assigned
        MOTION by Kuchinski, second by Jones to recommend Article 26.  Voted 4 – 0.


X.      Vote & Sign Clerical Union Contract – Ms. Kuchinski updated the audience on the terms of the contract and the efforts the Board made to have the clerical personnel in on Fridays through mediation. The terms of the contract are 3% increases for three years and request of May 2003 Town Meeting to fund a classification study of all clerical union positions. Mr. Jones acknowledged the negotiation teams efforts but would not be voting in favor of the contract as he felt is was the principal concern of Town Meeting that the clerical union be working on Fridays to staff Town Hall offices.  Mr. Forte informed the Board he would not be voting due to conflict of interest issues.

MOTION by Kuchinski, second by McSweeney to sign the clerical union contact.  Voted 2 – 1 (Jones) – 1 (Forte).

XI.     Baran Partners Purchase & Sales Agreement – Town Counsel Jean McKnight, Paul Ferrera of Baran, Rosemary Heard of MassDevelopment and Al Hanscom of VHB were present for the discussion of the Purchase and Sales Agreements.  Mrs. McSweeney excused herself from the discussion.  Attorney McKnight handed out the Assisted Living Purchase and Sales agreement, reviewed the document and its exhibits with the Board.  The Board reviewed the TIF and water contingencies.

9:17 p.m. Dan Webster arrived.

Continued to review the documents, including amenities and right to repurchase if construction is not started by December 31, 2004.  Closing is scheduled for December 19, 2002. Mr. Davis indicated that he had several discussions with the Inspector General’s office, who indicated that the TIF contingency is within the scope of the law.  Mr. Ferrara pointed out that the Purchase and Sales agreements must be signed in order to apply for financing.  Baran has invested between $300,000 - $400,000 in the project. Discussed the historical preservation of the project.  Mr. Ferrara pointed out Baran would lose various credits if it did not maintain the historical integrity of the building. The Board reviewed the Independent Living Facility documents with a purchase price of $298,000.00.  Discussed water issues.  Mr. Davis to check on the status of the water moratorium.

MOTION by Forte, second by Jones

1.      The Board enter into a purchase and sale agreement with Hanson Gardens Limited Partnership for the sale of Lot 2, a 15.77 acre parcel of land shown on the plan titled “Approval not required plan of land in Hanson, MA prepared for Baran Partners.” Dated July 24, 2002, on the terms set out in said agreement, including the terms set out in the Land Development Agreement for Independent Living Facility attached to such agreement, in consideration of receipt of a promissory note in the amount of $298,000.00 secured by a mortgage on the land described in said agreement, upon delivery of the deed.

2.      That the Board enter into a purchase and sale agreement with Arbor House Associates Limited Partnership for the sale of Lot 1, a 6.21 acre parcel of land shown of the plan titled “Approval not required plan of land in Hanson, MA prepared for Baran Partners,” dated July 24, 2002, the terms set out in said agreement, including the terms set out in the Land Development Agreement for Assisted Living Facility attached to such agreement and the Affordable Housing Restriction attached to said Land Development agreement in consideration of receipt of $219,000.0 in cash upon deliver of the deed, the Buyer’s performance under said agreement to be assured by delivery of a promissory note in the amount of $40,000, secured by a guarantee of Baran Partners, LLC, payable if the buyer defaults in its obligations under said agreement.

3.      That the Board authorize Town Counsel to make such changes as to form in said documents as are reasonably requested by the buyers’ attorney and reviewed by the Executive Secretary and approved as to form by Town Counsel, prior to execution by this Board, and that otherwise the documents shall be as presented to this Board at this meeting.

Voted 3 – 1 (Kuchinski)

Chairman Webster thanked Rosemary Heard and Al Hanscom for their assistance in the project.  Mr. Jones thanked Rep. Marini for his assistance in purchasing the property from the County.  

10:20 p.m. Brief Recess

10:27 p.m.  Returned to Session – Mrs. McSweeney back at the table.

XII.    Executive Secretary’s Report – Received a request from the Director of Elder Affairs to declare a copier surplus.  Discussed to threshold for sale of surplus equipment.  The equipment must be offered to all other departments prior to sale.  

MOTION by McSweeney, second by Forte to declare the Toshiba copy machine model #BD4910 as surplus.  Voted 5 – 0.

Request that the Management Assistant and Executive Secretary be authorized to sign copier lease bills.  Brief discussion regarding late fees.

MOTION by Jones, second by McSweeney to authorize the Executive Secretary to sign copier lease bills and not pay late charges.  Voted 5 – 0.

XIII.   Senior Center Feasibility Study – The Board was presented with a change order from AKRO for additional work on the contract.  Mr. Forte informed the Board the Feasibility Study Committee has requested AKRO to draft plans for a shed, two car garage, basement and bulkhead for $3,000.  Mr. Webster was not in favor of signing the change order.  A balance of approximately $9,000 remains in the grant.  Board suggested saving the money for schematic plans once the Town determines exactly what will happen with the Senior Center. Tabled the matter.

Snow Street Complaint – Mr. Davis requested the Board review his memo regarding Snow Street and will be looking for direction next week.  He has received complaints from Mr. Andrews regarding the enforcement issues.

Pole on Pierce Avenue – Mrs. McSweeney inquired as to the status of the pole at High and Pierce Avenue.  Mass. Electric to be contracted.

MOTION by Jones, second by Kuchinski to adjourn.  Voted 5 – 0.

        10:50 p.m. meeting adjourned.