Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
July 27, 2010 – 7:30 p.m.
Members Present: Christopher Colclough, Stephen Amico, James Egan, Donald Howard and David Soper
Members Absent:
Others Present: Rene’ J. Read, Town Administrator and Executive Assistant Meredith Marini
I 7:35 p.m.~~~~~~~Chairman Colclough called the meeting to order. Chairman Colclough lead the Pledge Allegiance and read the announcements and upcoming meeting schedule.
II MINUTES
May 3, 2010
May 25, 2010
MOTION by Amico, second by Egan to approve the minutes of May 3, 2010 with minor corrections, Item IV an extra “the” and Item V motion last word should be second.
Voted 4 – 0 – 1 (Soper) as amended
MOTION by Amico, second by Egan to approve the minutes of May 25, 2010 as printed.
Voted 5 - 0
III TOWN ADMINISTRATOR’S REPORT – Mr. Read reported that the new Town Hall office hours are posted on the website. He indicated that Stacey Reed recently laid off from the Treasurer/Collectors office has been hired as the administrative assistance to the Recreation Commission. The auditors will be conducting an audit of the Senior Center next week. Mr. Read will review the Town audit with various departments heads. Mr. Read will be meeting with the Board of Health to review the Transfer Station Rules and Regulations. Mr. Read indicated that a surplus policy needs to be drafted and the surplus by-law needs to be revised. He will be working on that. Mr. Read read into the records his memo to the Board regarding the
Mass. School Building Authority.
At 10:00 a.m. on Thursday, July 29, 2010, State Treasurer Tim Cahill and Massachusetts School Building Authority (MSBA) Executive Director Katherine Craven will be presenting a ceremonial check at the Whitman-Hanson Regional High School.
It is important to properly explain the impact that the receipt of these funds will have on our overall financial situation. I have been meeting with our financial team, financial advisors, bond counsel and representatives from the Department of Revenue to make sure that our, and the public's, understanding of this issue is very clear. To that end, we have prepared the following information to help explain this process.
Where did these funds come from?
Due to the drop in interest rates, the MSBA determined it would be more cost effective to payoff state's share several school building projects early, which would save money for both the State and the communities. The excess funds were the result of the MSBA's lump sum current refunding opportunity in which the District took part.
Hanson MSBA Lump Sum Information
December 15, 2000 - Bond issued for Hanson Middle School - callable June 15, 2010
December 15, 2000 - Bond issued for Indian Head School Bond - callable December 15, 2010
1) The district received $7,407,258 lump sum from MSBA on May 10, 2010, for the Hanson Middle School and $4,491,306 for the Indian Head School on June 28, 2010, thereby eliminating all future payments from the MSBA for these projects.
2) Middle School Project - Hanson received a lump sum amount of $329,758, which represents the excess remaining after the District called the Bonds on June 15, 2010, using the lump sum payment provided by the MSBA.
3) Indian Head Project - There is an estimated remaining excess of $1,060,230.56 that the District will apply to the Fiscal 2011 debt service payment of $432,140 leaving approximately $628,090.56. The Town has been told we will be receiving this balance in December 2010, after the call.
4) The Department of Revenue has ruled that, because these are debt excluded projects (excluded from Proposition 2 ½), the excess funds must be used to reduce the tax rate and levy limit and cannot be used for any other purpose (i.e., to fund the operating budget, to hire back laid off employees, capital improvements or debt excluded projects). The Town must apply the entire excess in the fiscal year in which it is received.
5) The excess remaining after the Middle School bonds are called ($329,758) needs to be applied in Fiscal 2011 (July 1, 2010 - June 30, 2011) to reduce the levy limit and the fiscal 2011 tax rate. ~The Fiscal 2011 tax rate will be set in September 2010. The anticipated net result to the taxpayers of Hanson will be an approximately $0.25 cent (per $1,000 of assessed value) reduction in their FY11 taxes.
6) The excess remaining after the Indian Head Bonds will be called in December 2010, (estimated at $628,090.56) needs to be applied in Fiscal 2012 (July 1,2011 - June 30, 2012) to reduce the levy limit and the fiscal 2012 tax rate. The anticipated net result to the taxpayers of Hanson will be an approximately $0.48 cent (per $1,000 of assessed value) reduction in their FY12 taxes.
As noted above, the DOR has ruled that whenever excess funds from debt excluded projects become available, the towns must give the money back to the taxpayer and as such, the tax rates to be set for FY11 and FY12 will be reduced.
Mr. Read acknowledged Treasurer/Collector Jeanne Sullivan for her work in getting this matter resolved.
Mr. Read explained that a question must be placed on the General Election ballot in November to address the Debt exclusion.
MOTION by Amico, second by Howard to place the following ballot question on the
November 2, 2010 General Election Ballot. Mr. Read read the question:
Shall the Town of Hanson be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts required to pay the Town’s allocable share of the bond issued by the Whitman-Hanson Regional School District for the purpose of paying costs of a feasibility study to understand the best solution to the physical and educational deficiencies of the Maquan Elementary School, located at 38 School Street, Hanson, Massachusetts, which options shall include, but not be limited to renovating, reconstructing, expanding, remodeling and adding to the Maquan Elementary School, or any combination of the foregoing, including the payment of all other costs incidental and related thereto.
Mr. Amico explained the anticipated amount is $500,000 to $575,000. Voted 5 - 0
IV NEW BUSINESS
Appointment of Library Trustee ~ Helen Levesque 264 King Street – Library Director, Nancy Cappellini indicated that the Trustees were not able to reach a quorum, but the members are in support of the appointment and one of the Library Trustees forwarded a letter supporting Ms. Levesque. Ms. Cappellini informed the Board that Ms. Levesque is a longtime supporter of the library.
MOTION by Egan, second by Amico to appoint Helen Levesque to the Board of Library Trustees. Voted 5 - 0
Bob Hayes – WHRS Committee – Mr. Hayes reiterated what Mr. Read had explained about the MSBA. State Treasurer Tim Cahill will be presenting the School District with a check on Thursday. Mr. Hayes indicated that the Maquan School Bldg. committee will be meeting in August.
May 2010 Annual Town Meeting Review – Mr. Read reviewed his recommended schedule for the Town Meeting process starting in August and September by compiling the budget message; September and October meeting with the financial team; mid October distribute the budget guidelines to departments; November budgets due; December budget meetings with department heads; January formulation of the initial budget; April perform a mock town meeting; May presentation of the annual budget.
Chairman Colclough didn’t feel as if the Board was well informed at Town Meeting. They needed more information with respect to budget lines which were held. Mr. Amico felt that overall Town Meeting went pretty well. Mr. Egan felt that the Board needs to create a mechanism to communicate to the Town’s people prior to town meeting. The Board discussed using the internet as a resource. Mr. Soper feels there is a lack of Civics 101 and a 30 minute cable TV show may go a long way to explain the town meeting and executive session process.
Mr. Read recommended reformatting the budget. Comments from the audience included Bruce Young’s recommendation that the terms of contracts be explained to the voters. Bill Clay feels that the Board has done a good job, pointing out the in previous years Town Meeting would go three and four nights. The most recent Town Meetings have been completed in one night.
One Day Liquor Licenses
Barbara Mione, Abington, Sun., Aug. 1st 1 p.m. to 6 p.m. – Wedding
Erika Miller, E. Weymouth, Sat., Aug. 7th 5 p.m. to 11 p.m. – Wedding
Ernard Menard, Quincy, Sun., Aug. 8th 1 p.m. to 6 p.m. – Outing
John Bullock, Hanson, Sat., Aug. 14th 11 a.m. to 7 p.m. – Reunion
Robin Muise, Hanson, Sun., Aug. 15th 1 p.m. to 6 p.m. – Wedding
Library Foundation, Hanson, Wed., Aug. 18th 6 p.m. to 8:30 p.m. – Lobster bake
Janice Ruprecht, Halifax, Fri., Aug. 20th 6 p.m. to 11 p.m. – Wedding
Karen Wilson, Hanover, Sat., Aug. 21st 2 p.m. to 11 p.m. – Wedding
Joe Richner, Hanson, Fri., Aug. 27th 6 p.m. to 11 p.m. – Wedding
Rebecca Sharpe, Somerville, Sat., Aug. 28th 6 p.m. to 11 p.m. – Wedding
MOTION by Amico, second by Howard to approve the one day liquor licenses as presented. Voted 5 - 0
Appointment to COA – Alternate Member – Michele Mills 191 Captain Nathaniel Drive – term to expire June 30, 2012
MOTION by Egan, second by Amico to appoint Michele Mills as an alternate to the Council on Aging. Voted 5 - 0
Highway Request to carry over account balances – Highway Surveyor Richard Harris requested that the Board authorize him to carry of account balance for Storm Water Management $10,687.00; Private Road - $1363.21; Drainage Improvements - $29,211.09; tree removal - $1852.75 and Machinery - $261.13
MOTION by Amico, second by Howard to approve the carry over balances as requested by the Highway Surveyor. Voted 5 - 0
Open October Special Town Meeting Warrant – Mrs. Marini recommended that the deadline for articles should be Friday, August 20th at 11:00 a.m. The deadline would give the Board an opportunity to review the articles prior to the next meeting on August 24th.
MOTION by Amico, second by Egan to open the October 2010 Special Town Meeting Warrant. Voted 5 - 0
Vote Bonding for the Community Septic Management Loan Program
MOTION by Howard, second by Amico
(1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $500,000 (the “Bonds”) pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed May 3, 2010 (Article 11), which authorized a total borrowing of $500,000, for a community septic management loan program (the “Project”);
(2) That in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the “Notes”) from time to time in an aggregate principal amount not to exceed $500,000;
(3) that each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;
(4) that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Loan Agreement or Agreements with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds or Notes;
(5) that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan agreement by the Treasurer, are hereby ratified, approved and confirmed; and
(6) that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement or Agreements and the Project Approval Certificate and Regulatory Agreement or Agreements relating to the Project.
Voted 5 - 0
Dean Anderson - Request for Information – Mr. Anderson requested information from the Board regarding various complaints he has filed. He feels that the Town has been selectively enforcing the by-laws. He indicated that an issue with a fence on Town property has never been addressed. He filed a complaint with Conservation and the response was that the two year statute of limitations has passed. He does not feel that is the case. He has made verbal complaints to the building department and has not received a response and no action has been taken. He had to file complaints with the BBRS. He inquired as to why complaints continue to be ignored. He had filed a complaint with the Conversation Commission that a fence was
erected in the buffer zone and the violation was not pursued. Mr. Anderson cited that there was a failed septic system in his neighbor which has had breakout and smells and nothing has been done to correct the problem. Another neighbor moved a shed in 2007 without getting the proper approval. Work has being done on his street without proper permits. He requested equal application of the by-laws.
Mr. Anderson was informed that the Town Administrator would review his inquiries with the Building Inspector and respond in writing. Mr. Read requested a copy of Mr. Anderson’s letter from which he read. Mr. Anderson indicated he was not finished with his letter, but would provide Mr. Read with a copy when it was complete.
V OLD/UNFINISHED BUSINESS
Community Preservation Committee – Discuss Thomas Mill – Laura Kemmett, Chairman of the Community Preservation Committee was present to discuss the status of the Thomas Mill purchase. She indicated that she supported the Board’s decision to continue its due diligence and let town meeting vote whether to proceed. She won’t second guess Town Counsel. She was, however, disappointed that the Board discussed the matter at a previous meeting without including the CPC. Mrs. Kemmett feels that if necessary, the CPC, Historical or Conservation Commission should be the committee to propose an article to rescind the October 2009 Special Town Meeting Vote.
High Street resident Mark Vess is concerned that Town Meeting vote has been overturned without notice.
Mr. Read explained that after the title search, there appeared to be a question as to the water rights. The Towns people voted to purchase the property with the understanding that water rights were included. This new information should be presented to the Towns people so that they can decide whether they still want the property.
Mr. Vess asked why there was a cloud on the title. Mr. Vess does not feel that the Town has a valid concern. In his opinion the water rights go with the land. He feels that Town Counsel is not doing a complete job and the Title attorney has done half a job.
Mrs. Kemmett asked whether the Town would receive an official decision from Town Counsel. Mr. Young questioned whether Town Counsel reviewed the documents sent by the Mr. Ellis’ (Seller) attorney. Mr. Vess asked if Town Counsel could cite case law as to the encumbrances. He asked whether the Town needed a second opinion on the title.
Mr. Amico pointed out that Town Counsel is looking out for the Town’s best interest and Mr. Ellis’ attorney is looking out for Mr. Ellis.
Mr. Ellis asked why a Purchase and Sales agreement has not been signed yet.
Mr. Read indicated that he would forward the inquires to Town Counsel and report back to the Board.
VI COMMITTEE REPORTS – None heard.
VII EXECUTIVE SESSION - - Chairman Colclough indicated that the Board would be going into Executive Session to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares and to consider the purchase, exchange, lease or value of real estate, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.
MOTION by Amico, second by Egan to go into executive session to discuss strategy with respect to litigation and to consider the purchase, exchange, lease or value of real property and to reconvene to open session only to adjourn. Roll Call ~ Howard aye, Amico aye, Colclough Aye, Egan Aye and Soper Aye. Voted 5 – 0
Roll Call ~ Howard aye, Amico aye, Colclough Aye, Egan Aye and Soper Aye. Voted 5 - 0
9:25 p.m. Brief Recess
10:14 p.m. Returned to open session
VIII ADJOURNMENT
MOTION by Howard, second by Amico to adjourn. Voted 5 - 0
10:15 p.m. Meeting Adjourned.
Respectfully submitted,
Meredith Marini,
Executive Assistant
Approved and Voted 5 – 0
September 14, 2010
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