Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
September 25, 2012
Members Present: Stephen Amico, James Egan, Donald Howard and David Soper
Members Absent: Richard Flynn
Others Present: Town Administrator Rene’ J. Read and Executive Assistant Meredith Marini, Attorney Jeffrey Blake
I 7:30 p.m.~~~~~~~Chairman Amico called the meeting to order. Chairman Amico led the Pledge Allegiance and read the announcements and upcoming meeting schedule. Chairman Amico reported that he had just attended the Eagle Scout Court of Honor for Tyler Kindy and wished to express the Board’s congratulations on this significant achievement.
II TOWN ADMINISTRATOR’S REPORT – Mr. Read read a letter dated September 24, 2012 from Senior Patrol Leader Tyler Kindy on behalf of Boy Scout Troop 34 requesting permission to hold its annual pumpkin sale on the Town Hall Green on Saturday and Sunday, October 20th and 21st. Senior Patrol Leader Tyler Kindy had requested that he be heard on October 2nd, but was informed that the Board would not be meeting until October 16th. Mr. Read suggested that the Board vote the use of the Town Hall Green and then allow Senior Patrol Leader
Kindy to attend the October 16th meeting to promote the fundraiser.
MOTION by Egan second by Howard to allow Boy Scout Troop 34 permission to use the Town Hall Green on Saturday and Sunday, October 20th and 21st. Voted 4 - 0
Chairman Amico indicated that the Board will be taking the agenda out of order and will addressing the New Business items first as the warrant review will take some time.
III NEW BUSINESS
Discussion regarding junk vehicle by-law
Mr. Anderson asked who is in charge of the general by-laws. Attorney Blake answered the question stating that the Board of Selectmen is the enforcing agent who can delegate the authority to the Building Commissioner. The Board has done that on a few occasions.
Mr. Anderson asked about the clause, “in the opinion of the Selectmen”. Mr. Anderson inquired as to how a citizen determines the Board’s opinion on a particular matter. Chairman Amico indicated that the Board makes its determination based on the evidence presented. Mr. Egan explained that if the Building Inspector has a question whether there is a violation he will come to the Board of Selectmen. Mr. Soper feels Mr. Anderson is stumbling on the word “opinion”. The opinion is based on information presented. Attorney Blake said the Board is guided by by-law and regulations. When the situation violates the health, safety and good of the public, the Board will determine a violation. Mr. Blake pointed out that there is a public safety
component.
Mr. Anderson asked how a resident gets to discuss the matter with the Selectmen. Mr. Amico explained the process of getting on the agenda. Attorney Blake indicated that the notices allow for a meeting with either the Board of Selectmen or the Building Inspector. There is a dialogue between the parties in an effort to reach an agreement. If no agreement is reached the matter will be taken to court.
Mr. Anderson inquired about unregistered vehicles in the clause “unexposed view of the public abutters”. Mr. Amico explained the public abutters are neighbors who can see the vehicles or junk. Mr. Amico pointed out that placing tarps over the junk does not cure the problem.
Mr. Anderson asked for a definition of a vehicle. The term vehicle is one that is designed to have an engine, car, motorcycle, boat and trailer on which it resides. Mr. Amico indicated that a jet ski would be included that list.
Discuss closure of Town fields due to EEE – Mr. Read passed out a proposed motion to the Board. The motion was prepared based on information Mr. Read gathered from area communities regarding field closures. Most communities were closing fields from dusk to down. Mr. Read informed the Board that the Board of Health voted on Friday, September 21, 2012 in emergency session to close the fields at 5:00 effective immediately. Mr. Read noted that the original Board of Health motion was to close the fields at 4:00 pm. Mr. Read recommended a staggered closing based on a sunset chart. Mr. Read pointed out that the town fields are under the jurisdiction of the Board of Selectmen and the Board should order them closed.
Chairman Amico read the following motion:
In an effort to reduce the threat of human exposure to mosquito-borne illnesses such as EEE and the West Nile Virus, I move that the Hanson Board of Selectmen vote to approve the following curfew schedule for outdoor activities conducted on all Town-owned property:
Starting the week of September 23rd, the curfew will be 6:15 p.m.
Starting the week of October 7th, the curfew will be 6:00 p.m.
Starting the week of October 21st, the curfew will be 5:30 p.m.
So moved by Soper, second by Howard for discussion. Mr. Egan feels the closing time is not earlier enough and thinks 5:30 would better. Mr. Howard asked what time the Schools are closing the fields. School Committee member Robert Hayes indicated that the school fields have been closed for the past few weeks at dusk. Youth football coach, Chris Colclough, indicated that they have been ending practice between 6:45 – 7:00 p.m.
Steve Amico explained that prior to the Selectmen’s meeting on September 4th, he spoke with the Board of Health Chairman regarding the Board of Health’s recommendation on field closures. Mr. Constantine indicated that the Board of Health had not made a decision.
~The Board indicated that the curfew times will remain in effect until the first hard frost. A hard frost is commonly defined as 3 hours under 28 degrees. The Board strongly encouraged all residents to continue to use insect repellant, cover up exposed skin, and avoid being outdoors at dusk and after nightfall when mosquitoes are at their most active. The Board recommended residents continue to refer to the Department of Public Health website at www.mass.gov/dph for the most recent information regarding mosquito
activity in our area and throughout the State.
Voted 4 – 0.
St. Joseph the Worker Request to use Town Hall green on Sat. Oct. 13th Public Rosary –
Chairman Amico read a letter from Margaret McLaughlin dated September 21, 2012, requesting permission for the public rosary to be held on Saturday, October 13, 2012 on the Town Hall Green. Mrs. McLaughlin explained that this is 6th annual rosary and over 8000 gatherings are planned for this year.
MOTION by Egan, second by Soper to grant the use of the Town Green for the Annual Public Rosary on Saturday, October 13th. Voted 4 - 0
IV APPROVE MEETING MINUTES
September 4, 2012
September 11, 2012
September 18, 2012
MOTION by Howard, second by Egan to approve the minutes of September 4, 2012 and
September 11, 2012 as presented. Voted 4 – 0
MOTION by Howard, second by Egan to approve the minutes September 18, 2012 as presented. Voted 3 – 0 – 1 (Amico)
V OLD/UNFINISHED BUSINESS
Review all October Special Town Meeting warrant article with departments – Mr. Read indicated this evenings meeting is to conduct a trial run of Town Meeting which is scheduled for Monday, October 1st. Proponents of articles were requested to participate and move their articles as they will be at Town Meeting. Town Moderate Sean Kealy, Town Clerk Elizabeth Sloan and Town Counsel Jeffrey Blake were in attendance. Also in attendance, Chief Jerry Thompson, Highway Surveyor, Robert Brown, Water Superintendent Neal Merritt and Water Commissioner Mike Duffey, Finance Committee members Manny Depina, Barbara Arena
Article 1 - Selectmen Unpaid bills – Mrs. Marini indicated that additional unpaid bills have been received increasing the amount to over $3,000 and suggested that the Board vote its recommendation on the new amount.
MOTION by Soper, second by Howard to approve the $3,297.03 Voted 4 – 0
Article 2 – School Committee - School Assessment - $36,000
Article 3 – Selectmen - Transfer Station site assessment - $50,000
Article 4 – Selectmen - Engineering - $12,000
Article 5 – Fire Chief - Fire personnel - $27,200
Article 6 – Fire Chief - Benefits for fire personnel - $8,500
Article 7 – Water Dept. - Woodbine Ave ext. engineering costs – $40,000 -
Article 8 – Water - Uni-directional flushing – Neal Merritt indicated the amount will be $31,500
Article 9 – Water - Water Salaries – $13,000
Article 10 – Water -Water Rate study - $20,000 –
Article 11 – Highway - Highway Radios - $16,500 – Mr. Read passed out quotes for the radios
Article 12 – Highway - Signs and Lines $3,000 – Mr. Soper asked if this was enough money. Mr. Brown is working on a new quote for next year to separate signs and lines accounts
Article 13 – Highway - Stormwater Management Mandate $30,000 – This pays for engineering costs and compliance. Mr. Read introduced Carter Fahey the engineer who will address the stormwater by-law article.
Article 14 – Highway - Sander/Dump truck - $60,000 partial fund.
Article 15 – CPC – Book scanner - $2,000
Article 16 – Selectmen - Add to Stabilization - $40,000
Article 17 – Board of Health - Septic Loan Program – Mr. Read read the article and explanation. Mr. Read has spoken with Town Counsel at length. Town Counsel indicated that the matter must go before Town Meeting. Mr. Blake indicated that the town currently borrows at 0% interest rate. However, if the Town’s interest rate increases the septic loan rate will increase. If the town pays 1% the loan will be 3%. The default loan rate is 5%. Attorney Blake feels that the article will pass as the intent of the article to set the rate at 2%. After a loan has been committed you cannot go back and re-write the loan or rate.
Article 18 – Board of Selectmen - Solid Waste contract - Mr. Soper inquired about the contract. Mr. Read indicated that 15 other communities are Tier I and they represent the communities which contracted with SEMASS 19 years ago. The rate at that time was $34.00 per ton. Mr. Read anticipates the rate for the new contract will most likely double.
Finance Committee member Manny Depina indicated that the Fin Com only recommends money articles and refers the remainder of the articles to town meeting.
Article 19 – Conservation – Place PCH property in care in custody of Conservation – Mr. Amico indicated that the Board was tied on this and recommend the Board re-vote the Article. Mr. Soper indicated that he had previously abstained and will continue to abstain.
MOTION by Howard, second by Amico to refer to town meeting for discussion
Mr. Hayes recommends that the Town wait until there is a definitive plan before it starts chopping it up and giving it to Conservation. He feels that the town will be rushing to judgment and should wait until a plan is in place. Mr. Egan indicated that there is a plan which had been submitted by the re-use committee and signed off by Planning Board and Conservation. The property is sloped, wet and treed and could be used as open space. Conservation wants to put the bay circuit trail on the property. Mr. Egan defined the plan indicating each of the lots: Lot 3 open space, lot 2 municipal use and lot 1 hospital for some type of assisted living.
Mr. Kealy asked if the Town meeting will know that the Board had a two to two vote if the Board votes to refer to town meeting.
Mr. Hayes indicated he was on the committee when it was the whole parcel. Parks & Fields worked with the developer to put in several sports fields. Feels that the parcel may be needed for other uses as part of the hospital property. Egan explained that the wetlands will require a buffer and use for the property will be limited.
Mr. Howard withdrew his motion, Mr. Amico withdrew his second. Mrs. Marini asked how the recommendation should be reflected on the warrant. Town Counsel said that a 2 – 2 vote would be no action and no recommendation has been made.
Article 20 – Memorial Day Patriotic Observance Comm. - Naming the Hanson Train Station
Article 21 – Town Administrator - Wage & personnel by-law
Article 22 – Highway - Stormwater By-laws – Mr. Amico feels that the Board of Selectmen is not qualified to handle the by-laws. Town Counsel explained to Mr. Egan prior to the meeting that the jurisdiction of the by-law will fall to the Planning Board.
MOTION by Howard, second by Egan to recommend as noted. Voted 4 - 0
Article 23 – Police Dept. - Junk Dealers & Collectors By-law – Mrs. Marini informed the Board that the by-law was revised by Town Counsel. All reference to Pawn has been removed. The by-law no longer requires identification using a social security number.
MOTION by Howard, second by Egan to recommend Voted 4 - 0
Mr. Kealy asked if zoning by-law changes require a 2/3 vote Town Counsel confirmed yes.
Article 24 – Zoning By-law - Floodplain By-law –
MOTION by Howard to recommend – no second heard
MOTION by Howard, second by Egan to refer to town meeting Voted 4 - 0
Article 25 – Planning Board - Planning Board associate member
Article 26 - Selectmen - Deer Hill Ext. acceptance –
Article 27 – Selectmen - Fawn Lane acceptance -
Mr. Read thanked everyone for coming and participating. Mr. Read noted that he finds it very helpful in preparation of Town Meeting. Mr. Read indicated that there is $899,266 in free cash. The Town will be using $250,797 at town meeting leaving a balance of $648,469.
VI COMMITTEE REPORTS - Zoning By-law Committee – None heard Old Colony Planning Council – Mr. Howard indicated that he is getting information on reconstruction of Maquan Street from the Sullivan’s Funeral Home to the Pembroke line. Maquan School Building - Chairman Amico reported that MSBA will be meeting on October 3rd to make its final decision.
VII ADJOURNMENT
MOTION by Howard, second by Soper to adjourn. Voted 4 - 0.
8:55 p.m. Meeting adjourned.
Respectfully submitted,
Meredith Marini,
Executive Assistant
Approved and Voted 3 – 0
October 16, 2012
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