APPROVED 2/4/2002

 

 

 

TOWN OF HAMPDEN, MASSACHUSETTS

BOARD OF SELECTMEN/HEALTH

MINUTES

January 28, 2002

 

Town House

7:00 P.M

 

625 Main Street

Roll Call:

The meeting was called to order at 7:05P.M.  Board of Selectmen Austin McKeon  and Duane Mosier were in attendance, James Smith arrived at 7:45 p.m.

 

 

Old Business:

 

1.               Minutes for January 22, 2002 for approval

Pg. 1, Section 1: add Duane abstained.

Pg. 1, Section 3: Change “all in favor and so voted” to individual votes.

 

Duane Mosier made a motion to accept the minutes as corrected.  Austin seconded, James Smith not present for vote, Austin and Duane were in favor and so voted.

 

2.               LPVEC Cooperative Transport Natural Gas Program

Recommended that the Town and Board of Selectmen move forward with the natural gas bid.  A motion was made by Duane Mosier to pursue and sign the contract with Lower Pioneer Valley Education Collaborative.  Austin seconded, James Smith not present for vote, Austin and Duane were in favor and so voted.

 

3.               Gutters and Downspouts

Discussion of proposals for repair work the gutters and downspouts on the Town House.  It was decided to put the repair work onto a warrant article for the Annual Town Meeting.  Duane Mosier will pursue the exact nature of the repair work to be completed.

 

4.               Part Time Employees Benefits

Discussion of reimbursement of vacation, holiday and sick time equivalency hours for part-time employees at the Council on Aging.  James Smith will follow-up with Carolyn Brennan.

 

APPOINTMENTS:

     

5.               Chief Adams

The Board of Selectmen welcomed Chief Phillip Adams.  Discussion of Chief Adams’ contract that expires June 30, 2002.  Chief Adams noted that at this time there are several issues pending within the police department.  The first issue is the ongoing negotiations with the police contract; other issues include the recent hiring of new reserve officers, and initiating the search for a replacement of the Chief’s position within a 5-month period.  James and Duane were in agreement to extend the Chief’s contract for fixed period of time.  Austin restated his belief that the search for a new chief should be immediate and that the goal of the selectmen for the hiring of a new chief should be done by 6/30/02.  A motion was made by Duane Mosier to offer an extension of the Chief’s contract for a 6-month period with a termination date of 12/31/02, including an option to terminate the extension with a 30-day notice.  James Smith seconded, Austin opposed.  James Smith and Duane Mosier were in favor and so voted.

 

6.               Advisory Committee

The Advisory Committee members met with the Board of Selectmen to discuss the salary survey and salary grid for the elected officials and the procedural steps necessary to make recommendations for increases to either salary or staff.  The Advisory Board will discuss the issues brought up at the meeting and vote on them next week. 

 

NEW BUSINESS:

 

7.               Warrant Articles

Several warrant articles were read and discussed for acceptance at the Annual Town Meeting.  A motion was made by James Smith to approve the placement of all warrant articles for discussion at the Annual Town Meeting.  Duane Seconded.  All in favor and so voted. The warrant articles are as follows: 

 

v    To see if the Town will vote to amend the General By-Law of the Town of Hampden by adding to Chapter VII PROTECTION OF PERSONS OR PROPERTY, Section 7, as follows:

 

 

SECTION 7. Temporary Permit.

If a physician certifies in writing that a person has a temporary disability, the Board of Health has authority to issue to that person a temporary permit bearing the international symbol for the handicapped.  The permit is limited to a duration of six (6) months but is renewable by the Board, if necessary, with the written certification of the physician.

 

The Board of Health shall revoke a temporary handicap permit issued by it is the vehicle to which the permit is affixed is used for special handicapped parking privileges when the vehicle is not operated by or is not carrying as a passenger the person for whose handicap the permit was issued.  If the owner or operator of a vehicle for which a temporary handicap permit has been issued stands or parks the vehicle in a space reserved for handicapped persons when the vehicle is not being operated by or is not carrying as a passenger the person for whose handicap the permit was issued, he is subject to a fine and to the procedures established under General Laws Chapter 90, Section 20A ½, or take any other action relative thereto.   

 

The Board of Assessors wish to see if the Town will vote to raise and appropriate $23,000.00 to contract for the Tri Annual Certification.  

 

Section XI.       Non-Criminal Disposition of Certain Violations.

 

Section 1.  Violations covered

 

The following violations shall be subject to the non-criminal disposition procedures described in this chapter:

 

(a)             Any violation of an order of the Hampden Board of Health relating to public health which is authorized by the general laws, any special law applicable to the Town of Hampden, the provisions of the state sanitary code or other state regulations, or any Hampden ordinance, bylaw, rule or regulation;

 

(b)            Any violation of an order to the Hampden Building Inspector relating to public safety which is authorized by the general laws, any special law applicable to the Town of Hampden, the provisions of the state building code or other state regulations, or any Hampden ordinance, bylaw, rule or regulation;

 

(c)             Any violation of order of the Chief or Fire Safety Officer of the Hampden Fire Department relating to the public safety which is authorized by the general laws, any special law applicable to the Town of Hampden, the provision of the state fire prevention code or other state regulation, or any other Hampden ordinance bylaw, rule, or regulation; or

 

(d)            Any violation of any other Hampden ordinance or bylaw or any rule or regulation of any Hampden officer, board or department.

 

Section 2:  Amount of Penalty

 

The penalties for the infractions set forth in Section 1 above shall be as specifically set forth in the respective order, ordinance, bylaw, rule or regulation which is violated but, if no such penalty is provided, the penalty shall be as follows: $50.00 for the first offense, $100.00 for the second offense, and $200.00 for the third offense.  Each day, or portion thereof, that such violation continues shall constitute a separate offense.  All fines shall be paid into the town treasury.

 

Section 3.  Enforcement Procedure

 

The violations set forth in Section 1 above shall be disposed of in keeping with the non-criminal disposition procedures set forth in Massachusetts General Laws, Chapter 40, Section 21D.

 

v    To see if the Town will vote to accept the provisions of Chapter 44, Section 53E ½ of the Massachusetts General Laws to create a revolving fund for the Hampden Free Public Library.  Such monies to be expended by the library Director, without further appropriation, or take any other action relative thereto.

 

v    To see if the Town will approve the monies to locate, repair, replace, or install new town boundary markers 

 

v    To see if the Town will vote to amend the Zoning Bylaw as follows:

 

In Section 2 “Definitions” under 2.125 travel or Camping Trailer, Delete: “But not exceeding 40 feet in length” to read: “A vehicle similar to a mobile home and designed primarily for recreational purposes.  The term ‘travel’ or ‘camping trailer’ shall also be applied to any motor vehicle whose body has been equipped for occupancy similar to that of a travel trailer or camping trailer.”

 

In Section 2 “Definitions” under 2.37 Common Driveway, delete:  “but no more than four (4) residential units” to read: “A vehicular access from a road to more than one residential unit, built in accordance with the common driveway standards as stated in this bylaw, where allowed by special permit.”

 

In Table 7.2 in the Business District under the heading “Minimum side setback in feet”, add the words: “except 50 where it abuts the residential district.”

           

In the Flood Plain District in Table 7.2 under the heading “Minimum frontage (continuous) in feet amended 1993”, add the number “200.”

 

In Section 3.1 Establishment of Districts:  Delete the sentence: “For purposes of this bylaw, the Town of Hampden is divided into the following types of districts.”  And replace with the following: “For purposes of this bylaw, the Town of Hampden has established the following districts and overlay districts.”

 

Delete the District listing:

#7. Flood Plain/Wetlands District

#8. Golf Recreational District

#9. Limited Recreational District

#10. Non – Profit Educational and Recreational District

 

And replace with the following listing: 

 #7. Golf Recreational District

#8. Non-profit Educational and Recreational District

 #9. Flood Plain/Wetlands District

#10. Ridgeline and Hillside Overlay District

#11. Water Supply Overlay District

 

In Section 7.3 Accessory Building, insert the word “front” in the first sentence to read: “A detached building may be erected in the front, rear or side yard area and shall be subject to the front, side and rear yard requirements applicable to the principal building with the following exceptions….”

 

In Section 7.14 Wireless Communication Bylaw, under 7.14.1.B.3, delete the number 500 and substitute the number 250 to read: “All towers shall be located a minimum of 250 feet from the nearest residential structure.”

 

In Section 8 Building Permits, under 8.1.3, insert the words, “Prepared by a registered engineer or land surveyor” after the words “plot plan” to read:  “An application for a building permit for a new or altered use of land or structure or for construction, alteration, reconstruction or relocation of a building shall be made by the owner or his agent, in writing on a form approved by the Building Commissioner and shall be accompanied by two (2) copies of a plot plan prepared by a registered engineer or land surveyor or take any other action relative thereto.

 

v    To see if the Town will vote to authorize the Board of Selectmen, to accept a deed for or by virtue of Chapter 79 of the General Laws, to take in fee simple for highway purposes, the following street as recommended by the Planning Board, including easements relating thereto: South Ridge Road.

 

v    To see if the Town will appropriate monies for the repair work to gutters and downspouts of the Town House.

 

v    To see if Town will appropriate funds to hire a consulting firm to assist with the police chief search. (Also added to Special Town Meeting Warrant, if passed will take no action at Annual Town Meeting).

 

8.               Special Town Meeting Warrant Article

Discussion of ballot question for special town meeting.  The Board of Selectmen will initiate a newsletter to be distributed to all Hampden residents detailing the reasons the Selectmen wish to move forward with this warrant question. 

 

Request for funds to hire a consulting firm to assist with the police chief search.

 

9.               Transfer Station

James Smith opened discussion on changing from a sticker program to trash bag program.  James Smith made a motion to accept a trash bag program at $2.00 for large sized bags and $1.00 for the smaller bags.  Duane Mosier seconded.  All in favor and so voted. James Smith will add an informational article to the newsletter regarding the transfer station and new bags.  James Smith also noted that an advertisement was sent to the newspapers for a full time recycling attendant.  He will also speak to the scout leaders in regard to their participation at the recycling center.

 

Austin McKeon moved, seconded by Duane Mosier to adjourn the meeting.  The motion was adopted as unanimous (3-0).  The meeting adjourned at 10:50p.m.

 

 

Respectfully submitted:

 

 

 

________________________

Karen Desmarais

Administrative Assistant