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Selectmen's Minutes 4-3-12
Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
April 3, 2012 – 7:30 p.m.

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

I       7:31 p.m.~~~~~~~Chairman Amico called the meeting to order.  Chairman Amico led the Pledge Allegiance and read the announcements and upcoming meeting schedule.

II      TOWN ADMINISTRATOR’S REPORT
Discussion regarding implementation of Town Hall Staff Meetings – Mr. Read reported that currently he holds monthly Department Head meetings on the second Thursday of the month.  In accordance with the Collins Center Report, which indicated a need for similar sessions for the staff that provides the necessary support for various departments, Mr. Read will be instituting monthly staff-level meetings. Town Hall Staff meetings will be held the second Wednesday of each month.  

Discussion regarding new community outreach program – Mr. Read informed the Board that Treasurer/Collector Jeanne Sullivan mentioned a program conducted in another community called “Coffee 'N Conversation.”~ This program is a community outreach program designed to give citizens an opportunity to meet the “faces behind the departments” on a monthly basis by featuring various town departments over the course of the year in an informal setting in which interested persons can bring their comments, questions or concerns to a forum that will hopefully allow for a meaningful back-and-forth exchange.~ Mr. Read thanked Mrs. Sullivan for the suggestion and Senior Center Director Mary Collins for being receptive to the idea and accommodating these events in her program schedule.  The sessions will be held the third Thursday of each month from 10:00 a.m. – 11:00 a.m.  Mr. Soper asked that the program be advertised in the Hanson Express in addition to the Town Website.  Mr. Read indicated the program will be noted in the Senior Center newsletter.

Discussion regarding Open Meeting Law & Conflict of Interest Seminar – Mr. Read reported that Wednesday, March 28, 2012, the Town hosted two seminars pertaining to the Open Meeting Law & Conflicts of Interest.~ The session, which was conducted by town counsel, Gregg Corbo of Kopelman and Paige, was extremely informative and the associated PowerPoint presentation has been posted on the town’s website.~ Mr. Read strongly encouraged all elected and appointed official to review the information as there have been several substantive changes over the past 2 years.

Botieri Field – Mr. Read thanked Interim Highway Surveyor Robert Brown and the Highway Department for clean up work at parking lot at Botieri Field.

III     NEW BUSINESS

Soil Removal Permit – J&M Realty Trust – 1101 Main Street

Chairman Amico read the hearing notice for the soil removal permit.

The Hanson Board of Selectmen will hold a hearing on Tuesday, April 3, 2012 at 7:30 p.m. in the Selectmen’s Meeting Room at Hanson Town Hall on the application of J & M Realty Trust of Pembroke, MA for a soil removal permit.  Said soil to be removed from off Main Street and further shown on Assessors Map 42 Lot 60.  

Stephen Amico, Chairman
Board of Selectmen
March 9, 2012

MOTION by Egan, second by Howard to open the Soil removal permit.  Voted  5 – 0

Steven Rye of Land Planning was present to represent Mr. Marageniello on his request for a soil removal permit.  Mr. Rye reviewed the plan which would remove 18,000 yards from the site to be used to fill the foundations located at the opposite end of the site.  Mr. Rye explained trees will be cut and chipped.  The chips will remain on the site for spreading at the completion of the project. A construction fence will be erected during the excavation.  Mr. Rye indicated that the nearest public way was 1,300 feet and the nearest residential property was 600 feet away.  The trucks will not travel on any public way.  The hauling will be conducted on the access road which is on the premises. Mr. Rye anticipates approximately 32 loads will be hauled per day.  The trucks will remain on the site for the duration of the project.  

Mr. Read read the following letter relative to the application:

April 1, 2012
David Harris

To the Board of Selectmen

        As an abutter I have no problem with J & M Realty Trust’s proposal for the gravel operation relating to Assessor’s Map 42, Lot 60 and 60A.  My concern relates to how the applicant proposes to prevent dirt bikes and all terrain vehicles access to the property once it is stripped of all ground cover.  I assume there will be a restoration plan once the necessary gravel has been removed.  We appear to lack a town ordinance regulating these off road vehicles and the owners of these vehicles have little respect for private property.  They appear to have no respect for the environment and cause much damage in their careless operation of their vehicles.  Without some plan in place, any restoration would be doomed to failure.

With regards,

David K. Harris, Jr.

April 3, 2012
Division of Fisheries and Wildlife

Re:  J&M Realty Trust Application for a soil removal permit Map 42 Lot 60 and 60A

Dear Board of Selectmen:

I wish to submit comments, on behalf of the Mass. Dept. of Fish & Game, for the record at the public hearing on the subject application.  As you are aware, the Mass. Dept. of Fish & Game owns the abutting 2,000 acre Burrage Pond Wildlife Management Area.

We are aware of and support J&M Realty Trust’s demolition and removal of derelict buildings on the south side of the railroad tracks at Rte. 27, with the intent of building new building on the site.  We understand that J&M Realty Trust proposes to excavate earth material from Lot 60 to fill in the foundation of the demolished buildings on Lot 60A, that no material excavated from Lot 60 will be transported off-site, and that the proposal enables the applicant to obtain earth material at a reasonable cost.

Our concerns are that, inadvertently, the proposal will result in improved access to the excavated area, and to abuting property including Burrage Pond WMA, by off-road vehicles.  We are also concerned that, because the excavated area is hidden from view, the area will become an attraction for dumping.

We would like to work with the Town Boards, the applicant and his engineer so that the design and scope of the project minimizes potential for trespass by off-road vehicles and dumping and so that the excavation and restoration activities complement the ecological resources of the abutting Burrage Pond WMA.  We hope to work with the applicant, his engineer and the Town so that, ultimately, Lot 60 becomes permanent open space.

Thank you very much for consideration on these comments.

Sincerely,
Joan Pierce
Mass. Dept. of Fish and Game/SE District

Chairman Amico indicated that the Conservation Commission has concerns about the use of the access road.  Mr. Rye indicated Conservation has approved the filling of the site, but will be addressing the use of the access road at the meeting next week.  Mr. Rye indicated that the holes in the access road will be filled.  

Mr. Egan questioned the two lot numbers 60 and 60A.  Mr. Rye indicated that it is all one parcel, however the assessors have it listed a two lots.

Mr. Egan inquired about the report of a pipe that travels into the basement of the demolished building and how is the water going to be managed.  Mr. Rye explained that a drainage structure will be constructed to divert the water.  The water will need to be re-routed in phases to allow for the filling of the gravel.  Mr. Rye indicated that an EPA permit has been issued to allow for the water filteration process.  The mobile filter units will handle 100,000 gallons per day.  Mr. Egan is concerned that the filling will create a flooding problem on Main Street.

Chairman Amico inquired whether the Highway Department has been contacted about the drainage system to avoid back-up in the Town’s storm drains.  Mr. Rye indicated that he had spoken to the former Highway Surveyor several months ago, but has not spoken to anyone since that time.

Mr. Flynn inquired whether a drainage easement is in place.  Mr. Rye indicated there appears to be no drainage easement for the site.  Mr. Soper gave a brief history of the property indicating it was originally owned by Marcus Urann.  Mr. Soper has no problem issuing the soil removal permit.

Mr. Egan reiterated his concern of where the soil will be placed and potential drainage issues.

Mr. Marageniello indicated that the water is coming into the building from the pond from across the street.  The water is not from street run-off.  He conducted water testing using dye which was put in the catch basin but it did not flow into the building.  According to Mr. Marageniello, Vinny Flaherty and one of the Board members conducted the test.  He plans to re-route the water from under the building.  Mr. Marageniello does not think that Main Street will be flooded.  

Mr. Flynn asked about traffic impact on Main Street from the hauling and clean up at the end of each day.  Mr. Marageniello said they will haul only on the dyke road and using three trucks.  The trucks will stay on site until the project is completed.

Chairman Amico asked about Mr. Harris concerns regarding dirt bikes and ATVs.  Mr. Marageniello said people are there all the time.  There is no way to control all the access.  They can only control the cart path entrance.  

Mr. Egan asked if there is a guarantee that the drainage issue will be resolved and who will certify that the design will work for the drainage.  Mr. Marageniello said he will make sure the drainage is going to work properly for his own safety and A.E. Wood will be installing the drainage pipe.  

MOTION by Flynn, second by Soper to approve the soil removal permit for Lot 60 Main Street for discussion.  

Mr. Egan would prefer to have a more developed plan on the drainage and would like to speak with Highway and Conservation before making the decision.  Mr. Rye was asked whether he has contacted the Water Department. He had not spoken with the Water Department.  Mr. Soper asked if AE Wood will pull permit to fill the foundation.  Mr. Marageniello indicated that AE Wood will be doing the work.  He further stated he is requesting the permit as he doesn’t want to buy soil, when he has the soil on his property.  Mr. Marageniello indicated the water must be removed in order to determine how the set a drainage system and find the source of the water.  

Mr. Marageniello later indicated that the dye test was conducted with AE Wood not with Vinny Flaherty.  

Mr. Howard asked about the swamp level elevation.  Mr. Rye said that swamp level is below the foundation.  

Mr. Soper doesn’t feel they are disturbing the water and will keep the flow under the floor.  

Mr. Egan wants to see a plan, how much water is involved, where is it coming from and what is the flow rate.  He also asked who takes over when they find a problem.  Mr. Marageniello indicated that the soil will be filled into the foundation in phases and the water will be filtered as it is pumped.  

Mr. Soper suggested that the Town Engineer oversee that the drainage project on the Town’s behalf and Mr. Marageniello pay to have Mr. Hanscom on site.  Mr. Rye indicated that Mr. Hanscom has been on site on several occasions.  

Mr. Read recommended recessing the hearing until we hear from Al Hanscom.  Mr. Flynn suggested that the approval be contingent on the Town Engineer’s approval.

Flynn amended his motion to approve of the soil removal permit to be contingent upon the approval of  Town Engineer Al Hanscom. Second by Soper.  Voted  5 - 0
Housing Authority – Request to waive building permit fees – Housing Authority Director Karen Riley was present with Housing Member Frank Sadowski.  Mr. Read indicated that he was not willing to waive the fees for the projects and suggested that the Housing Authority request the Board’s approval.  Mr. Read read the letter from Hanson Housing

March 30, 2012
Hanson Board of Selectmen

Ladies and Gentlemen:

I would like to introduce myself.  My name is Reilly.  I am the Executive Director for the Hanson Housing Authority.  I have been working hard to address all the much needed work that needs to be done at the Senior Handicap Housing Complex, located at 80 Meetinghouse Lane, Hanson, MA.

I am requesting a waiver for the cost of the building permits for the following projects of work that will take place in 2012 through 2015 at the Senior Housing Complex.  Most or all of these projects will require a Building Permit.

Project 123-667-01-1101010              Refurbish Office Space                  $38,800.00
Project 123-667-01-1S01-11-1182 Generator Replacement                   $17,820,00
Project 123-667-1                       Water Meter Shut Offs                   $16,096.00
Project 123-667-1-0-09-280501           Roof Replacement                        $100,000.00
Project 123-667-01-0-11-1023            Building Envelope, windows & Doors      $414,206.00
Project 123-667-01                      Low Flow Toilets                        $18,000.00
Project 123-667-1                       Fire Alarms                             $125,000.00
Project 123-667-1                       Gas Fireplace                           $ 8,500.00
Project 123-667-01-S01-09-2804  Parking and Walkway Replacement $25,000.00

Thank you in advance for your consideration in making our Senior/Handicap Complex a much better place to live.  If you should have any questions, please call my office at 781-293-7474.

Sincerely,
Karen Reilly
Executive Director

Ms. Reilly indicated the Housing Authority has a capital plan but the Authority only has enough money for five of buildings and they have 17 buildings that need to be repaired.   They are looking for grants and they don’t have money in the reserves.  Ms. Reilly feel the residents deserve to live in a place that is decent.  Mr. Read explained that four of the requests for waiver are electrical or plumbing which cannot be waived as the inspectors are paid per inspection. Mrs. Reilly informed the Board that the Housing Authority funding comes from the State.   She explained that of over $400,000 were funds secured from a legal settlement.  Ms. Reilly indicated that she doesn’t have half the items on the list that need repair.

Richard Flynn would like to see the budget and allocation of funds.  Ms. Reilly doesn’t feel that $30,000 is a lot of money for the Town.  Chairman Amico indicated that it is a lot of money for the Town and that the Town still has to pay for the inspectors for the inspections.  

Mr. Soper willing to reduce the fees.  Chairman Amico was concerned about setting a precedent by reducing the fees.  Mr. Egan said that you cannot reduce the fee as there is no mechanism to do so.  

MOTION by Soper to reduce the fees.  Chairman Amico indicated that we cannot reduce the fees.  Mr. Read agreed that the fees could not be reduced.  He pointed out that a similar project will be coming in town shortly and they could come in an also ask for the fees to be reduced.

MOTION by Egan, second by Howard not to waive the fees.  Voted  4 – 1 (Soper)

Mr. Soper wanted it on the recorded that he wanted to reduce the fees.  
 
Appoint representative for WHRSD Collective bargaining negotiating team. – Rene read the following e-mail:

Dear Frank and Rene’:

Because Whitman-Hanson had a one-year memorandum of agreement that extended the 2008-2011 contracts, the district is in negotiations again this year with WHEA. Each municipality is entitled to have a representative for the purpose of~ district collective bargaining. This representative is elected at a regional school committee at which the chief executive officer or chairperson of the boards of selectmen elect one representative to represent them for the purposes of collective bargaining. ~The voting is done in open meeting and regional districts vote in accordance with their regional agreements. This selected representative is entitled to attend any meetings of the full school committee, including executive sessions, where collective bargaining will be discussed by the School Committee and to receive all collective bargaining materials that the full school committee receives. If the entire School Committee participates in direct negotiations with a union then the municipal representative is entitled to be present. The term of office for the representative is typically the same as that of a school committee member unless a shorter time is agreed upon when selected. The representative has one vote on all matters related to collective bargaining.

Our Regional School Committee has appointed a negotiating team of members that is not a quorum of the School Committee. Since that it the case, it is up to the School Committee to decide whether or not the municipal representative is a member of the negotiating team. The municipal representative is not entitled by his/her position to be part of direct negotiations if the school committee uses a bargaining team.~ However, once the contract is ready for ratification, the municipal representative has a vote as a member of the school committee on ratification of the contract.

Our next School Committee meeting is April 11 at 7:00 PM. ~At that time, the School Committee needs to select a municipal representative from each town, and ~then vote as to the level of participation on the negotiations sub-committee. Please contact Michelle Kelley (Michelle.Kelley@whrsd.org or 781-618-7412) and let her know who will be attending from your respective towns..

If you have any questions, please contact me.

Sincerely,
Ruth C. Gilbert-Whitner, Ed. D.
 
Chairman Amico recommended that Mr. Egan be the representative due to his experience and background.  Mr. Egan indicated that he would be willing to do so

MOTION by Howard, second by Amico to appoint Mr. Egan as the collective bargaining representative.  Voted  3 – 1 (Soper – 1 Egan)

Hanson Little League – Request for Road Race, Sunday May 6th. – Mr. Paul Clark sent the following letter requesting a road race for Hanson Little League.

Hanson Board of Selectmen
March 19, 2012

To Whom It May Concern:

I am writing this letter to request permission to hold a road race in Hanson, on Sunday, May 6, 2012, beginning and ending at Damien’s Pub, located at 279 Spring Street, starting at 10:00 a.m. I am a board member of the Hanson Little League and the proceeds from the race will be donated to Hanson Little League in the continuing effort to finish the new baseball field.  The race will begin and end at Damien’s.  The race route is 3 miles long.  The race will start in front of Damien’s and head west toward Whitman on Route 58.  The course takes a left onto Holly Ridge Dr., another left onto Winslow Dr, a left onto Orchard Ave, a right back onto Holly Ridge and a final right back onto Route 58.  I look forward to the Board’s approval and am available to discuss any concerns that you may have.

Sincerely,
Paul Clark

MOTION by Howard, second by Egan to approve the Hanson Little League road race with Police department approval.  Voted  5 - 0

J&R Indian Head Pub – Request to open at 10:00 a.m. April 15th for a fundraiser. – Chairman Amico read the following letter:

3/28/12
To the Town of Hanson Officials:

J&R’s Indian Head Pub requests permission to open at 10:00 a.m. Sunday April 15th (or rain date     April 22nd) for a benefit motorcycle breakfast which will also include blessing of the bikes, and a motorcycle run.  The proceeds will benefit the S.E.M.M.S.F., (South Eastern Massachusetts Motorcycle Survivor Fund), which is a fund for survivors of motorcycle accidents in South Eastern Massachusetts.  We would greatly appreciate permission and a permit to open early on either of these dates.
Any questions please contact Rene’ Gaudet at 781-626-3743.

Respectfully,
Owners
Jimmy and Red

MOTION by Egan, second by Howard to approve the early opening at J&R Indian Head Pub on
April 15th.  Voted  5 - 0
 Vote to place questions on the ballot

Fire Engine - Shall the Town of Hanson be allowed to assess an additional $390,000 in real estate and personal property taxes for the purposes of paying costs of purchasing and equipping a new fire truck, including all costs incidental and related thereto, for the fiscal year beginning   July 1, 2012?

School Override - Shall the Town of Hanson be allowed to assess an additional $235,766 in real estate and personal property taxes for the purposes of paying the Town’s assessed share of the Fiscal Year 2013 operating budget of the Whitman Hanson Regional School District for the fiscal year beginning July 1, 2012?

MOTION by Egan, second by Howard to place the fire engine question on the annual town election ballot Voted  4 – 1 (Soper)
               
MOTION by Egan, second by Howard to place the school override question on the annual town election ballot.  Voted  4  - 1 (Soper)
Chairman Amico indicated that the School Override question this is a typical Proposition 2 ½% override question.   Once funded the amount becomes part of the tax base and will always be on the taxes.  The funds are dedicated to the school only in the first year.
                
IV      OLD/UNFINISHED BUSINESS
        Budget Discussion – Mr. Read reviewed questions submitted by Board and the Finance Committee to pertaining to FY13 Budget.  Mr. Read distributed copies of the budget format as it will appear at Town Meeting.  Mr. Read reviewed the questions asked by Finance Committee.  They asked about legal fees and Mr. Read provide a breakdown of the legal line.  Mr. Read provided the Finance Committee with a side by side analysis of the second floor salaries.  Mr. Read reviewed the re-organization of the second floor highlighting a savings of $17,000 for salary and $17,000 insurance benefits.  

Accounting of Technology line.  Mr. Read provided the expenditure sheet to date and the recommendation for FY 13.

Financial Impact for 1.5% increase is $44,953.00

Mr. Read summarized actions he has taken to place Hanson in a better financial position which included layoffs, reduction in hours, the police union gave back an arbitration award and unions agreed to delay in increases.

Mr. Read provided a Stabilization spreadsheet highlighting the activity from 2004 to present.  Over $1.2 million was used from stabilization and $422,000 was put back.  

Mr. Read provided a salary increase analysis as requested by Richard Flynn.

Mr. Read informed the Board that the budget is balanced.  Due to the fact that the new growth figures have increased again, the budget will be balance without using Free Cash.  Mr. Read cautioned that this is a one time event, but feels we are in good shape.  

Mr. Flynn inquired about the Building Department and if a lien would be placed on properties that the Town had to board up.  Chairman Amico indicated the cost for recording a lien is $78.  Mr. Read will follow up with the Building Commissioner regarding liens.




Mr. Soper asked several questions regarding the budget referring to them by page numbers.

48      WHRSH Debt Service.  How many years left on school.  Mr. Read to check.
49      Operation expenses  - 2 mile bussing.  Mr. Soper inquired whether it was mandated. Mrs. Marini explained that Whitman is assessed for crossing guards and Hanson is assessed for bussing within 2 miles.
54      Operating expenses on Highway equipment – Mr. Read explained the line is for repairs to plows and other equipment.
  • Other supplies – Street signs is this part of a plan to replace signs.  
  • Highway Fuel – asked if we are locked into a contract
  • Mileage for Board of Health – Mr. Read explained the line also covers conferences and is not exclusively for mileage
  • Wages for Library department head – Mr. Read indicated that the Library Director received a masters degree.  The is a one time increase to the base salary.
  • Operating Parks & Fields – Mr. Soper asked if the youth groups pay for the fields.  According to Parks & Fields member Robert Hayes, who was in the audience, Parks & Fields does not charge Hanson youth groups to use the fields.  However, other groups are charged.
72       Maturing principal date – Mr. Soper inquired as to how many years are remaining on the Town Hall and stormwater management.  Mr. Read to get the information from the Treasurer
  • Operating expense – Plymouth County retirement fund  - Mr. Soper requested an explanation as to the increase – Mr. Read will provide the follow-up.
80       Operating expense – group health insurance.  Mr. Soper requested an explanation as to the increase.  Mr. Read explained that while health insurance did not increase, the other variables, flex plan, medicare match and life insurance have increased
82   Risk insurance – Mr. Soper asked if the Town goes out to bid.  Mrs. Marini explained that the insurance agent, Hannon & Ryan is seeking quotes from other insurance carriers.

V       ONE DAY LIQUOR LICENSES ~ Camp Kiwanee
        Heather Cerulli, Hudson, Sat., May 5th  5:00 p.m. to 10:00 p.m. - Wedding





Kayla Lorgeree, Carver, Sat., May 12th  4:00 p.m. to 10:00 p.m. – Wedding
        Kristen McKinnon, Hanson, Thurs., May 17th 7:00 p.m. to 11:00 p.m. – Fundraiser
        Jessica Barry, Brockton,  Sat., May 19th  5:00 p.m. to 11:00 p.m. – Wedding
        Lauren Chambers, Weymouth, Sat., May 26th  5:00 p.m. to 10:00 p.m. Wedding
        Joan Maloney, Hanson, Sun., May 27th  3:00 p.m. to 8:00 p.m. – Party

MOTION by Howard, second by Soper to approve the one day liquor license at Camp Kiwanee.  
Voted  5 - 0
               
VI      APPROVE MINUTES
        March 20, 2012

MOTION by Egan, second by Howard as printed.  Voted  5 - 0

VII     EXECUTIVE  SESSION – Chairman Amico announced that the Board would be going into Executive Session for the purpose of discussing strategy with respect to collective bargaining since an open meeting may have a detrimental effect on the litigating position of the Town.

MOTION by Howard, second Soper to go into Executive Session.  Roll Call Flynn Aye, Howard Aye, Amico Aye,  Egan Aye and Soper Aye.  Voted 5 – 0.
9:34 p.m.       Brief Recess

9:57 p.m.       Returned to open session.

VIII    ADJOURNMENT
MOTION by Howard, second by Flynn to adjourn.  Voted  5 - 0
9:57 p.m. meeting adjourned.

                Respectfully submitted,


                Meredith Marini,
                Executive Assistant
Approved and Voted 4 - 0
                                                April 10, 2012