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HomeMy WebLinkAboutMinutes - BoS - 11/08/2010 Minutes—Board of Selectmen November 8, 2010 Selectmen Present: Karen Quigley, Chairman Edwin G. Carr Frederick Koed Paul Carlson Leland H.Jenkins Others Present: Steve Lombard, Interim Town Manager Jennifer Brennan Oram, Selectmen's Clerk Chairman Karen Quigley called the meeting to order at 7PM. The Board attended and Open Meeting Law Seminar conducted by Town Counsel's office. The seminar ran until 8:25PM at which time the Board of Selectmen adjourned to the Board of Selectmen's Meeting Room. Pole Hearing—19 Atlantic Avenue—this is a continued hearing from August 24, 2009. Attorney Richard Henderson and his client,Janet Barker, owner of 19 Atlantic Avenue, as well as Edward Gillis of National Grid addressed the Board. Mr. Gillis explained that Mrs. Barker has a legal right of way to run her utilities up the driveway. The only way the power can be brought across Atlantic Avenue is by installing a pole on Town property located at the bottom of the driveway. The location was surveyed and marked out to avoid hitting catch basins. Mr. Gillis provided additional photographs to show the proposed location of the pole. Selectman Edwin Carr asked if there was another way to get the power to the property. Mr. Gillis stated that they did try, but that the relationship between the neighbors is tenuous and therefore there has not been a lot cooperation amongst them. He added that they cannot go underneath Atlantic Avenue as there is too much risk, with sewer and other utilities, that the power line could be dug up. Attorney Henderson stated that the intention is to put the utilities underground running up the driveway, but in order to connect to the electricity, they have to wire it to a pole across Atlantic Avenue. Selectman Carr asked if anyone was present. Mrs. Barker addressed the Board and stated she had submitted a letter to the Board in their packet. She stated that it had taken eight years to get the house built and over a year to try and get the utility pole installed. She said that she could have moved in year ago, but did not have any power so she is renting in Hull. She asked the Board to please consider her request. Attorney Mark Gladstone representing neighbors Mr. And Mrs. Roberts then addressed the Board. Attorney Gladstone stated that no one could want the construction at 19 Atlantic Avenue done quicker than his clients. He stated that he does not understand why the Barkers didn't install their utilities first. He then cited several construction issues with the Barkers including a court order regarding drainage. He stated that nothing has been done correctly regarding the construction of the home and asks what assurance his clients have that the electricity will be done correctly. He asked the Board not approve the pole until the other issues are fixed. Attorney Henderson rebutted stating that the Court order Attorney Gladstone referred to is regarding a drainage pipe needed to comply with an order of conditions from the Conservation Commission.... He stated they have hired engineer John Cavanaro to complete the drainage pipe, but cannot gain access to the property to do the necessary site work so they can record it at the Norfolk County Registry of Deeds. Selectman Jenkins asked if a legal building permit was issued. Attorney Henderson confirmed it was. Chairman Quigley reminded everyone that the only issue before the Board was the pole. After an extensive conversation about the pole and if the location being proposed is the only location option, Mr. Gillis stated it was the only option and that it was a safe option. Selectman Jenkins moved to approve the installation of the utility pole to provide power and other utilities to 19 Atlantic Avenue. Selectman Carlson seconded the motion. Selectman Carr stated that the situation sounded like a Selectmen—11.8.10-JBO 1 Minutes—Board of Selectmen November 8, 2010 mess and encouraged the neighbors to work out their issues. He stated that many valid arguments were presented, but that the Barkers have the right to power and the Town has a right to place the pole at that location. The vote was unanimous (5-0). Article 13: Petitioned Zoning Article—Attorney Henderson reviewed this article for the Board explaining that if approved, it would allow by Special Permit a commercial or membership sports or recreation facilities in a residential district by deleting the use designations opposite. "Commercial and membership sports and recreational facilities" under the caption "Retail and Service" and substituting a set of new designations of use table. Selectman Jenkins stated that it seemed that with a Special Permit process,the ZBA would be protecting the Town. Selectman Koed stated that it seemed like a good option. Selectman Carlson expressed some concern. Selectman Koed stated that it would only apply to commercial and membership facilities. If denied, the applicant can then appeal. Selectman Koed moved to recommend this article for the Special Town Meeting. Selectman Jenkins seconded the motion and the vote was unanimous(5-0). Town Manager's Report Town Manager, Steve Lombard, announced there was a flu clinic available to all at the Hanover Town Hall on November 10tn He also announced that per the Governor, all flags will be lowered to half staff in honor of Jonathan M. Curtis. Mr. Lombard announced that he will be meeting with the Council on Elder Affairs to discuss the expiring lease for the center at the South Shore Community Center(SSCC). He stated that the lease is over 20 years old and they pay presently$14,000 a year to the SSCC and he is hopeful something can be worked out. Mr. Lombard notified the Board that he is preparing to advertise for the position of Finance Director/Town Accountant. He does not think it is proper to not have someone in the office during the day. Mr. Lombard then stated that they have been able to provide to DCR a report done by the Water Department of the Beechwood Culvert. He is waiting to see what the Town will need to do for the second phase of addressing the issues of the culvert. Selectman Jenkins asked if the position for Finance Director/Town Accountant was a full or part-time position. Mr. Lombard stated that it would be for a full-time position and he feels the need is urgent. The Town needs to get cash controls in to place and there is a need for better software to allow for financial reporting. The software which the Town currently has is lacking and there are a lot of good options out there. He feels there is a need for a new person and that currently there is not enough support present for the Finance Director. He feels that whoever goes in to the position will make the determination if restructuring the department is needed and if more training is needed. Selectman Jenkins asked if the Board was going to be involved with the process. Mr. Lombard stated that he is preparing a job description and will ask the Board for input on that. Chairman Quigley asked if Mr. Lombard had given any thought to an Interim Finance Director. He stated that he has put out some calls, but that they are expensive and presently Michael Buckley is filling that need {with the time he is giving the Town during the evenings). Selectmen—11.8.10-JBO 2 Minutes—Board of Selectmen November 8, 2010 Selectmen's Comment Period Selectman Carr stated that it important the Board schedule the topic of Cat Dam soon. Chairman Quigley reviewed the upcoming meeting schedule stating that Monday the 15th is the Special Town Meeting,Tuesday the 16th of November is the Harbor Plan discussion with the Planning Board,the Board does not have a meeting scheduled the 22nd of November at this time, as for the Meeting of the 291h she suggests the Board discuss the Town Manager search process as it does not seem they are getting a plethora of applicants and perhaps the Board should discuss hiring a consultant. On December 6th Cat Dam would be on the agenda. Chairman Quigley asked if the Board would want to discuss Bear Hill Tank with the Water Commissioners. She does feel that the Town Manager search deserves a full night of discussion and they have to address Cat Dam as well. Selectman Carlson stated that he would encourage the Water Commissioners to hold their own second forum regarding the Bear Hill issue. That way the Selectmen could make their own meeting more productive. Selectman Jenkins stated he agreed with that idea. Selectman Koed asked if Cat Dam could be on the 29th and every Selectmen's Agenda until the end of the year. Public Comment Period—Mr.Jack Creighton, speaking as a private citizen from 23 Cushing Road, stated that everyone needs to work together in regard to Cat Dam and that decisions need to be made sooner rather than later. Minutes—Selectman Koed moved to approve the minutes of September 13, 2010 as amended. Selectmen Carr seconded the motion and the vote was unanimous(5-0). Selectman Carlson moved to adjourn the meeting. Selectman Carr seconded the motion and the vote was unanimous(5-0). Meeting adjourned at 10PM. Respectfully submitted, Karen Quigley Chairman Documents: Letter from Janet Barker of 19 Atlantic Avenue dated October 29, 2010. Photographs of Pole location provided by National Grid. Selectmen—11.8.10-JBO 3