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Selectmen's Minutes 5-17-11
Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
May 17, 2011 – 7:30 p.m.

Members Present:        Stephen Amico,  Christopher Colclough, James Egan and Donald Howard
Members Absent: David Soper
Others Present: Rene’ J. Read, Town Administrator and Executive Assistant Meredith Marini


I       7:33 p.m.~~~~~~~Chairman Colclough called the meeting to order.  Chairman Colclough lead the Pledge Allegiance and read the announcements and upcoming meeting schedule.  

II      TOWN ADMINISTRATOR REPORT- Mr. Read opened his comments with a thank you to Chairman Chris Colclough who his ending his service on the Board effective May 21st.  Mr. Read presented Chairman Colclough with a plaque.  Mr. Colclough thanked the Board members and residents for giving him an opportunity to serve.

Street Acceptance procedure ~ Mr. Read reported that he met with Town Planner Noreen O’Toole on May 11th to review the roadway acceptance process.  Mr. Read said that he will be revising the submittal procedure process and new forms will be available shortly.

Development review meetings ~ Mr. Read informed the Board that effective in June, he will be holding monthly development review meetings with the staff of the various departments associated with land use Building, Planning, Board of Appeals, Conservation, Fire, Health in an effort to keep all the departments better informed of various projects before each committee.  The meetings will be held the first Thursday of each month.

Captain Porter, USMC ~ Mr. Read thanked Tom Constantine and the Patriotic Observance Committee for putting together such an appropriate and moving tribute to honor the memory Captain Porter, USMC on Saturday, May 14th.

Fire Department Cell Tower RFP ~ Mr. Read indicated that the RFP for the Cell Tower will be in Central Register on May 18, 2011 (Hanson Express on May 12, 2011) Pre-Proposal Conference will be held on June 1, 2011 at 10:00 a.m. at Hanson Town Hall followed by a site visit if necessary. The bids are due on Monday, June 20, 2011 at 3:00 p.m.

Treasurer/Collector’s office ~Mr. Read will be advertising the roof replacement project for the Treasurer/Collector’s office in the next few weeks and hopes to have it completed soon thereafter.

Override ~  Mr. Read read the following statement regarding the upcoming override

“What Happens if the Override Fails?”

This Saturday, May 21st, the voters of the Town of Hanson will be faced with a ballot question approving the FY12 budget contingent upon passage of an override in the amount of $584,475.

As you know, the budget numbers voted at Town meeting are based upon the recommendations offered by the Finance Committee. The Finance Committee’s recommended budget was slightly lower than mine as a result of reductions made to a few budget lines.

As a result of Town Meeting action on the budget taken on May 2nd, the actual override dollar amount needed is $486,199. The amount on the ballot will appear as $584,475, but only $486,199 will be used.

This number has been reduced as a result of the votes at Town Meeting – votes that led to reductions of line items that differed between the Town Administrator’s recommendations and the Finance Committee’s recommendations.

 The resulting impact to the taxpayers (using $325,000 as the average value of a single family home) is thereby reduced from +/- $162 per household (the original figure provided) to +/- $135 per household.  

In my initial recommendations to the Board of Selectmen, I had included a 3% increase to the WHRSD assessment. At the conclusion of their review, the Finance Committee proposed a 2% increase to the WHRSD assessment. During the voter’s review of the budget at the May 2nd Town Meeting, the Finance Committee’s WHRSD assessment number was discussed and ultimately amended to 3%. As a result of this action, the additional 1% to be used for funding the WHRSD assessment automatically became contingent upon the passage of the override.

In terms of the specific ramifications as a result of the ballot measure not passing, I would recommend that the Board of Selectmen and Finance Committee meet jointly on May 24th. At that time, I will have met with the Financial Team to review options for the Finance Committee’s consideration since it is ultimately the Finance Committee’s recommendation that will be offered to the voters at Town Meeting.

As things stand today, to balance the budget without an override, one of the possible scenarios could look like this:

$215,280 Use of Free Cash
$200,680 Remove restoration of Fire, Highway and Library positions and mid-year
increases for unions
$10,000 Reduce snow & ice
$10,000 Reduce gasoline
$16,000 Reduce unemployment
$1,000 Reduce communications expense line
$1,640 Various budget lines not level funded
$32,453 Increase local receipts
$854 Surplus

III      NEW BUSINESS

Request from Richard Pretti to reduce sale price of Dunham Farm Unit – Mr. Richard Pretti of    902 Main Street informed the Board that he has been unable to sell his affordable unit at Dunham Farms for $265,000.  He has requested that the Housing Authority authorize him to reduce the sales price to $245,000.  Each time the sales price changes, Mr. Pretti is required to notify the Board of Selectmen in   `order to give the Town the right of first refusal.  The Town had previously waived its right of first refusal when he originally placed the unit on the market.

MOTION by Amico, second by Howard to waive the Town’s right of first refusal to purchase Mr. Pretti’s unit.  Voted  4 - 0


Request of Kevin Wescott to use town property – Mr. Wescott informed the Board that he lives at 198 Woodbine Avenue and he has asked the Town Administrator permission to use a right of way which passes by the back of his property. The Town’s right of way provides access to Town owned land which is three parcels back from Woodbine Avenue.  The right of way passes over two lots.  Mr. Wescott explained that he has been working on this matter for five years.  Mr. Read read the following statement to the Board:


Following meetings with the Conservation Agent and I, Mr. Kevin Wescott has asked to appear before the Board this evening to request permission that he be granted authorization from the Town to use a portion of Town-owned property adjacent to his as a second means of ingress and egress (as a driveway) to his property.

Mr. Wescott’s property is identified as Parcel 7-52 on the attached copy of the Assessor’s map.~ As you can see on the, a right-of-way is located adjacent to the rear of Mr. Wescott’s property. ~As part of the review of this request, I also met with the Assessor to determine ownership of the right-of-way and its purpose.~ The right-of-way serves a +/- 12 acre parcel of Town-owned property under the jurisdiction of the Conservation Commission in addition to property owned by Mr. Andrews (Parcel 7-47).

Following my own review of this request, I have several concerns:

1.~~~~~~~~ I have been unable to find any other instances in the Town of Hanson (or in other communities in which I have worked) where public land such as this right-of-way was authorized for private use.

2.~~~~~~~~ In addition to the above, I am of the opinion that authorizing this type of use would set a precedent which would not be in the best interest of the Town, in particular the potential liability that could arise as a result of private parties using Town land for private purposes.

Therefore, based on the foregoing, I cannot recommend that the Board of Selectmen grant Mr. Wescott’s request.



Mr. Wescott explained that Mr. Andrews who owns the second parcel from Woodbine has a right of way listed on his deed, which provides access to Mr. Andrews’ property.  The Town’s right of way passes over Mr. Andrews property.  Mr. Wescott’s acknowledged that his own deed does not cite use of the right of way.  He did point out that prior deeds to his property did allow access to the right of way.  Mr. Wescott provided a copy of a letter from 2006 from the then Conservation Agent, Janine Delaney, to residents requesting that whoever was responsible for placing obstructions on the right of way to move them.  Mr. Wescott feels the Town is obliged to keep the right of way clear for access by residents to use Town property.  Mr. Read agreed that Town property should be available for use by the residents but not to be used as a private driveway.  Mr. Egan suggested that Mr. Wescott retain an attorney to determine whether his property has deeded rights to the right of way.  Chairman Colclough indicated that the Board is not in a position to make a decision at this time.  Chairman Colclough recommended come back to the Board after he consults with an attorney and his attorney can provide sufficient evidence that Mr. Wescott has legal rights to use the right of way and a rationale as to why the Board should grant Mr. Wescott use of the right of way.  Mr. Wescott should provide the information to Mr. Read.

Vote to approve line transfers in accordance with Ch. 44, Sec. 33B – Mr. Read explained that this vote is taken annually to allow the transfer of funds between lines during the last two months of the fiscal year.  The Selectmen vote a blanket approval and the Finance Committee and Town Administrator approve each individual line transfer request.

MOTION by Amico, second by Egan to approve the line transfer in accordance with Ch. 44, Sec. 33B.  Voted  4 - 0

Approve DCS Energy Request – Solar Panels – Mr. Rene’ informed that Board the DCS Energy would like to conduct a site inspection for the potential use of solar panels on Town buildings.  Energy Committee Chairman Jim Armstrong informed the Board that the site inspection does not obligate the Town to the project.  This is a non-committal study. An RFP or RFQ would be required for procurement.   Mr. Amico asked who maintains the panels.  Mr. Armstrong explained the Town would be required to maintain the panels which simply consists of washing the panels and keeping them clear of dirt and debris.  The panels come with a seven year warranty.  Upgrades are usually required after 12 to 15 years.  

MOTION by Amico, second by Howard to approve the site inspection of Town properties.  Voted  4 - 0

Approve National Grid Energy Savings Plan – Mr. Read provided the Board with copies of the contract from National Grid to retro fit the old police station, Main Street fire station and Camp Kiwanee.  Mr. Armstrong indicated that the Board voted on March 15, 2011 to approve the project and he had provided a spreadsheet outlining the savings.  

MOTION by Amico, second by Egan to authority Mr. Read to sign the contracts.  Mr. Armstrong recommended that the motion be subject to the approval of the Recreation Commission as they pay the utilities at Camp Kiwanee.  Mr. Amico amended his motion to be subject to Recreation approval, Mr. Egan seconded the amendment.  Voted  4 – 0.


Hanson Rod & Gun Club request permission to use pond for Fishing Derby – The annual request from a fishing derby on Sunday, June 5th from 7:00 a.m. to 11:00 a.m. at Wampatuck Pond.

MOTION by Amico, second by Howard to approve the request for a fishing derby on June 5th.  
Voted  4 - 0

        
IV      OLD/UNFINISHED BUSINESS – None heard.
        

V       ONE DAY LIQUOR LICENSES
        Audrey Flanagan, Hanson, Fri., June 3rd  7:00 p.m. to 12:00 a.m. – Party
        Brianna Wright Saunders Matney, Whitman, Sat., June 4th  5:30 p.m. – 10:30 p.m.  Wedding
        Stephen Haugh, East Bridgewater, Sun., June 5th  12:00 p.m. to 6:00 p.m. – Memorial Service     
Aleen Saraceno, Cambridge, Sat., June 11th  5:00 p.m. to 11:00 p.m. – Wedding
        Maureen George, Plympton, Fri., June 17th  7:00 p.m. to 12:00 a.m. – Grad party
        Rachel Walsh, Hanson, Fri., June 17th  7:00 p.m. to 12:00 a.m. – 50th Anniversary
        Beth Paulding, Hull, Sat., June 18th  2:00 p.m. to 9:00 p.m. – Wedding
        Nicole Trabucco, Weymouth, Sat., June 25th 3:00 p.m. to 9:00 p.m. – Wedding

MOTION by Egan, second by Amico to approve the one day liquor licenses as presented.   Voted  4 - 0


        
VI      COMMITTEE REPORTSMaquan Building Committee – Mr. Amico reported that the committee met and made revisions to the documents for MSBA which have been resubmitted.  The Owners Project Manager services will be requested on June 13th with a site visit on June 30th and responses are due on July 20th and the candidate field will be narrowed on August 3rd.  The committee is waiting for clarification from MSBA which is expected by September or October.  The project is moving along.

Mr. Read asked if any of the audience members had question about the budget or override.  Neither Mr. Young nor Mr. Constantine had questions.

VII     EXECUTIVE SESSIONChairman Colclough announced that the Board would be going into Executive Session regarding collective bargaining as open discussion of the matter will have a detrimental effect on the outcome and will return only to adjourn.  So moved by Egan, second by Amico.  Roll Call Howard Aye, Amico Aye, Colclough Aye and Egan Aye Voted 4  – 0.

8:30 p.m. Brief Recess

8:55 p.m. Return to Open Session

VIII    ADJOURNMENT

MOTION by Egan, second by Amico to adjourn.  Voted  4 – 0

                        8:55 p.m. Meeting Adjourned

                                                Respectfully submitted,



                                                Meredith Marini,
                                                Executive Assistant
Approved and Voted 3 – 0 – 1 (Soper & Flynn)
May 24, 2011