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Selectmen's Minutes 11-10-15
Hanson Board of Selectmen
Selectmen’s Meeting Room, Hanson Town Hall
Tuesday, November 10, 2015
Regular Meeting 7:00 P.M.

Members Present:        Donald Howard, Kenny Mitchell, William Scott & Bruce Young
Members Absent: James McGahan
Others Present: Interim Town Administrator Richard LaCamera
                        Executive Assistant Meredith Marini


7:00 p.m.    Chairman Young called the meeting to order, led the Pledge Allegiance.  He read the announcements and upcoming meeting schedule.   Chairman Young requested a moment of silence for Dana Larsen for Assistant Veterans’ Agent and James McDermott former Town Accountant
        
II      TOWN ADMINISTRATOR REPORT
        Discuss the upcoming budget process – Mr. LaCamera informed the Board that budget season is about to begin. He has met with the Town Accountant regarding revenues.  He reminded the Board that all union contracts are scheduled for negotiations.  He indicated that he will request level service budgets from all departments.  Chairman Young asked how the salary increases will be calculated and whether it is based on CPI.  Mr. LaCamera will be sure to consider all levels of increase.  Mr. LaCamera is drafting a letter for guidelines and rules of negotiations for the Board’s review.  He recommended that the Board assign a representative to serve with him during union negotiations.

        Update on Fire Station Septic -   Mr. LaCamera noted that additional funding was appropriated at the October Special Town Meeting for the septic system.  The bids came in $25,000 over the current funding.  Mr. LaCamera met with the Fire Chief and town Engineer.  They have decided to revise the plans to reduce the costs and bid the project in the spring in order to secure additional funds at the May Town Meeting.

        Drop Box has been installed – Mr. LaCamera informed the Board that the new Drop Box has been installed in front of Town Hall by the flag pole.  The Drop Box has already been used.  He thanked everyone who assisted in acquiring and installing the box.   He suggested that some of the parking spaces in front of the building be eliminated.  He will make a recommendation to the Board at a later date.
        

III     NEW BUSINESS
        Review Technology Contract with Whitman Hanson Regional School District – Mr. LaCamera informed the Board that Town has contracted with Whitman Hanson for the past ten years.  The funds were budgeted through the computer services line at the May Town Meeting.

MOTION Howard, second by Mitchell to approve the contact with Whitman Hanson Regional School and authorize the Town Administrator to sign the contract.  Voted 4 – 0  

        Vote Surplus Equipment
                2010 Dodge Charger - VIN# 2B3AA4CT9AH248499.

MOTION by Howard, second by Mitchell to declare the 2010 Dodge Charger, VIN# 2B3AA4CT9AH248499 as surplus.  Voted 4 – 0

Review Committee vacancies – Chairman Young reviewed the list of committees that currently have vacancies:  By By-Law Committee - 4;  Cable TV Committee – 2;  Elder Affairs Alternate – 1;  Energy Committee - 3 member –  2 Citizens & ZBA representative; Finance Committee – 2 Appt. by Moderator;  Historical Commission  1;  Memorial Day & Patriotic Observance Committee 2; Appt. by Moderator;  Nathanial Thomas Mill        - 5 members.  Chairman Young indicated that a list of the committee vacancies will be on the Town website.  Residents interested in serving on any of the committee and submit an application for appointment to the Selectmen’s office.

        
IV      OLD BUSINESS
        Update on the General By-law Committee – Mr. LaCamera informed the Board that he referred the By-law to Town Counsel.  Mr. LaCamera noted that the by-law is 30 years old and much has changed since its creation.  State statutes are easily accessible on line.  He noted that the committee hasn’t met in years.  Town Counsel reported that the town in which he lives has a similar by-law which is going to be abolished.

Resident Joseph Campbell noted that the broadcast on cable was very poor.  He inquired as to the process for appointment to the committees.  Chairman Young indicated that the vacancies will be posted on the website and residents can apply.

Michael McLeod asked if the CATV can be re-instituted so that the committee could look into broadcasting and streaming the meetings on the internet and in high definition.  Mr. McLeod indicated that this would take cable to a new level of service.

        Update on the status of the Cell Tower – Mr. LaCamera reported that a letter was sent to Bay Communication on November 2nd informing them that they are in default of the lease agreement.  Bay Communication has not yet responded.  Chairman Young indicate that Bay Communication had filed an application with the Board of Appeals and subsequently withdrew their application.  Chairman Young read the letter into the record.

Bay Communications, II, LLC
391 Oakland Street
Mansfield, MA  02048

Re:     NOTICE OF DEFAULT
        Lease dated October 31, 2011 between Bay Communications and Town of Hanson

Dear Sir/Madam:

Notice is hereby provided pursuant to Section 14.1(b) of the above referenced lease (the “Lease”) that you are presently in default of the same.  Specifically, you are breach of your obligations under Section 5.2 of the lease.

As you will recall, the Lease was executed by and between you and the town in order to facilitate and govern your permitting, construction and maintenance of a telecommunications tower on the town-owned property that is the location of the municipal fire department.  The Lease has exacting provisions governing such activities.

Under Section 5.2 of the Lease, you are required to utilize “good faith and diligent efforts” to obtain any and all required permits and approvals for the subject tower.  However, it has been four years since the execution of the Lease and you have not diligently sought such permits and approvals. Indeed, in 2014, you withdrew an application that you had filed with the Town’s Zoning Board of Appeals for the Tower and, since that date, you have not made any effort to reapply.

Based upon the foregoing, the Board of Selectmen has found you to be in default of your obligations under the Lease. Accordingly, pursuant to the issuance of this notice, you have thirty (30) days to cure such defect by filing an application with the Zoning Board of Appeals (and all other applicable permit granting authorities) and diligently pursuing it to an expedient conclusion.  If you do not do so, the Lease will be considered void and of no further force and effect.

We look forward to hearing from you with respect to this matter.  If, in lieu of pursuing permits for a cell tower on the site, you would rather voluntarily terminate the lease, please inform me accordingly.

Thank you. Sincerely,
Richard LaCamera
Interim Town Administrator


        Update on amendment to Highway Surveyor Act – Mr. LaCamera informed the Board that the bill has been filed and will be heard at a hearing on Thursday, November 12th.  Board members are welcome to attend.
        

V       APPROVE MEETING MINUTES
        October 27, 2015

MOTION by Howard, second by Mitchell to approve the minutes of October 27, 2015 as printed.  Voted 4 – 0

VI      ONE DAY LIQUOR LICENSES  - Camp Kiwanee
        Bill Strait, Hanson, Thurs., Nov. 19th  5:00 – 10:00 p.m. – Dinner
        Sarah Cherington, Cambridge, Sun., Dec. 6th  12:00 – 4:00 p.m. – Holiday Party

MOTION by Howard, second by Mitchell to approve the one day liquor license for Bill Strait on November 19th. Voted 4 – 0

MOTION by Howard, second by Mitchell to approve the one day liquor license for Sarah Cherington on December 6th as printed. Voted 4 – 0

VII     COMMITTEE REPORTS
        Monponsett Pond Committee – Mr. Howard indicated that the committee is meeting on Thursday, November 12th at 10:00 a.m. at Halifax Town Hall.  Reports will be heard on both East and West Monponsett Pond.  He encouraged residents to attend the meeting.

        Indian Head  & Maquan Priority Repair Comm. – Mr. Young will be scheduling a meeting next Thursday, Nov. 19th.  There was a construction meeting on Monday.  A few items need to be addressed.  Down spouts need to be replaced and were not part of the original plan. The Chimney cap will be completed by Saturday, November 14th.  The metal work on the “dog house” and ridge vent will be completed by November 22nd.  The smoke hatches have been completed.  Chairman Young explained how the smoke hatch operates with a fusible link which is heat activated.  Mr. Hayes reported that seeding and landscaping will be completed in the Spring.  They are getting additional bids for the front of the auditorium which was outside the scope of the original project.  Mr. Hayes reported that some window screens were damaged when the roof was being stripped.  The screens will be repaired and the cost will be borne by the Contractor via a hold back of funds.  The punch list had 25 items on the list and the committee will review the items with the contractor.  

        Highway Building Committee – Mr. Scott reported that the committee met last Monday.  Highway Surveyor Brown brought some staff members to the facilities and he shared their ideas with the committee.  They discussed a salt shed that may be installed away from any wetlands.  The Lite Control project is moving along and expected to be completed in December with landscaping working to be completed in the spring.  There as several piles of material which will be moved off the site.   The committee will be meeting next Monday.


VIII    EXECUTIVE SESSION  -   Chairman Young announced the Board will go 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 – Anderson matter

SO MOVED by Howard, second by Mitchell to go into Executive Session.  Roll Call, Howard aye, Young aye, Scott aye and Mitchell aye.  Voted 4 – 0

7:58 p.m. Brief Recess

8:39 p.m. Return to open session

IX      ADJOURMENT

        MOTION by Howard, second by Scott to adjourn.  Voted 4 – 0

8:39 p.m. Meeting Adjourned

                                Respectfully submitted,

                                
                                Meredith Marini,
                                Executive Assistant
Approved and Voted 4 – 0 – 1 McGahan
                                                November 17, 2015