The Board of Selectmen met this evening with Chairman Jeffrey Tufts presiding. In attendance were William Hardin, Frederick Clark, Patricia Hunt, Patricia Webster and Town Adm. Kevin Paicos.

Julie and Bob Andrews in attendance.

On Hardin’s motion, seconded by Hunt, the Board voted unanimously to approve the Common Victualler to Andrews Farm Store, subject to the usual conditions.

On Webster’s motion, seconded by Hunt, the Board voted unanimously to approve the renewal of the Common Victualler License for Plant Depot.

John Kent in attendance.

Webster suggested having a representative from the Public Safety departments and only having 1 school rep. Webster questioned if any Town funds are involved in this. Kent noted that no public funds are anticipated. Hunt asked for clarification on "service clubs" reps. Paicos noted his suggestion is for two people to represent the "service clubs".

On Hunt’s motion, seconded by Hardin, the Board voted unanimously to have the Selectmen’s Representative as a non-voting liaison person.

On Hunt’s motion, seconded by Clark, the Board voted unanimously to support the Charge for the Semi-Centennial Committee with one School Rep. and a Public Safety Rep. (See attached).

Paul Stathakis in attendance.

Tufts read the notice and the various department comments.

Stathakis noted the Board of Health is asking for renovations to comply with code, same as the Fire. He noted that when the renovations take place all issues in the department comments will be addressed. He noted this is the same business, he is renovating and trying to bring in a liquor license, at the request of his patrons. Hardin questioned where the bathroom facility will be located. Stathakis noted the Board of Health has stated that prior to renovations taking place, he could stay in business with the existing bathroom set up. Hardin noted, now that renovations are being done, bathroom changes are necessary. Hardin questioned if the locked storage area on the plan is sufficient in size. Stathakis stated yes. Hunt questioned what the current seating is. Stathakis stated 10 booths with 4 people per booth. Stathakis noted that the new seating will be in front of the store with two rows of 5 booths. He noted there will be a straight counter that separates the seating from the kitchen. Hunt questioned why Stathakis wants the Beer, Wine and Cordials license. Stathakis noted that customers want to sit and eat pizza with beer. Stathakis noted that currently his take out business is larger than sit-in, and he wants to change this. Stathakis noted he wants a better atmosphere so customers will sit down and eat. Hunt noted her main concern is giving an alcohol license to a mostly take-out place. Clark noted there are no dimensions listed on the plan and questioned if 14 additional parking spaces will be needed. Clark asked to see the site plan to see the number of parking spaces available. Stathakis noted he is working with the Board of Health and the Building Dept. during the renovations. Clark noted that the Fire Dept. has a number of concerns. Stathakis noted the fire suppression unit is in process of being hooked up. Clark noted there is currently an insufficient number of fire extinguishers. Stathakis noted this will be addressed during renovations. Clark expressed concern that the automatic fire suppression system is not being resolved ASAP. Stathakis noted that to fix this for now he would have to install one now and then remove it to a new location as the renovations proceed. Stathakis noted he is looking to avoid the extra cost . Hunt noted her concern with the take out service at this location and expressed concern that this will become a bar. Hunt noted that people may come in and drink while waiting for food and then leave without eating. Hunt noted she doesn’t believe in giving liquor licenses to take out places. Stathakis noted that if he was not doing the renovations he would understand that, but the renovations being done are in the hope that people will come in and sit down for pizza and beer. Stathakis noted he wants to serve the alcohol to supplement the food sales. In response to a question from Hunt, Stathakis noted there have been no changes to the Corp. Directors since 1985. Hunt noted the need for proof of citizenship of the Manager and Directors, if this license is approved, per ABCC rules. Webster questioned if there will be a separate entrance for take out customers. Stathakis stated yes. Webster asked if someone waiting for take out could order a beer. Stathakis noted he will only serve beer with food being served. Webster noted the fire extinguisher should be updated ASAP, even if a new suppression system can’t go in until the renovations. Clark noted he is supportive of granting the license subject to the following: 1) copy of site plan with the take out area shown; 2) a new floor plan submitted; 3) Clark wants to talk with the Board of Health RE: bathroom located at the end of the building; 4) Fire Dept. concerns being resolved and 5) proof of citizenship of Manager and Directors being submitted. Hardin also expressed concern with people being served while waiting for take out. Stathakis again stated this is not his intention. Hunt noted that can’t be enforced though.

On Clark’s motion, seconded by Webster the Board voted 4-1 to continue the Hearing to 3/9/98 at 7:15, pending resolution of the above listed issues, in conjunction with the completion of the renovations. Hunt opposed.

Hunt asked that the Staff ask all liquor license applicants for proof of citizenship.

Hunt’s motion, seconded by Tufts, to approve the schedule and closing of the Warrant as proposed for 1/26/98, at 5:00PM, was amended by Clark, seconded by Webster to ask to keep open the Warrant to the 2/2/98 meeting.

G. Marsan. B. Ames, E. White in attendance.

White noted the Endowment Committee feels this is a joint effort and he has asked the Town to pay the legal bill, so that as much of the Endowment money can to the capital investment vs the legal bill. White noted this will be a great help to the library. Webster noted that the Town paid to retain their own attorney, and these bills are for the attorney that represented the library’s interests. The Town had to pay its own legal bills and shouldn’t have to pay the library’s as well. White stated that it was decided that the library was asked to do this by the Town. Hunt noted that it was agreed that both the Town and the Library would seek their own Counsel on this and noted that each had separate needs for representation. Hunt noted this bill doesn’t even list an hourly rate or what the results were by this Counsel. Marsan noted the exercise of getting various models for ownership was necessary and this was to solve a problem of a joint issue. Marsan noted that in the Statute the Town can spend money pursuing ownership of property and this bill should be appropriate. Hunt noted that our Counsel didn’t approve what the Library’s Counsel submitted on ownership. Hunt noted there are two different interests and two different pieces of advice, some of which is contrary to the other. Marsan asked what was contrary, noting that he didn’t know of any advice that came back contrary. Hardin noted he is hesitant to speak and sour the relationship that currently exists, but he wants to ask Town Counsel’s opinion on spending Town money on this. Hardin noted he is uncomfortable spending public money on a private bill. Marsan suggested asking Town Counsel about this. Marsan noted he already went through the issue of spending money on items such as architects, surveyors, legal issues, etc., prior to purchasing. Tufts noted that Special Counsel’s budget is almost half gone and we haven’t anticipated this bill on the library issue. Hunt noted that at this time she doesn’t feel this is appropriate. Hunt noted that if things get resolved and begin to move forward, the Board could go back and look at this again if there is money available. Webster noted the Town has already paid for this

service once and shouldn’t have to pay twice for the same issue. Tufts noted the Board never stated they would pay the legal bills for the Endowment Committee.

On Hunt’s motion, seconded by Hardin, the Board voted 4-1 to table this until a future time and to get an opinion on "Can this be paid... ", from Town Counsel. Webster opposed.

R. Hill in attendance.

Clark questioned if SERSG needs insurance. Paicos noted that SERSG secured a general liability policy already. Paicos noted the savings on these bids alone was in excess of $53,000. On Hunt’s motion, seconded by Hardin, the Board voted 4-1 to approve the recommendation of the DPW Director.

J. Linehan in attendance.

Paicos gave a brief explanation of the status of this project to date. Paicos noted that Linehan went through the general by-laws and identified the number of places where changes automatically took place, i.e. grammar, typos, gender, etc. Paicos questioned how much of the correction does the Board want done now. Linehan gave a brief explanation of the changes made by the Code Co. Paicos suggested the Board authorize the necessary changes for code form only. Linehan noted that the Code must still be voted at Town Meeting and has a drafted article for the Selectmen to see. Paicos noted the Municipal Lawyers say that by codifying by-laws it warrants they then be subjected to a Town Meeting vote. Hunt noted she thought it was clear that no changes were to be done at all. Hunt questioned what if this is brought to Town Meeting and they abolish all of it. Linehan noted then the Town is stuck with what we now have, without being coded. Paicos noted to have codification done, you are paying for them to compile by-laws in a book. Paicos noted it was never the intention to just put by-laws in a binder. He noted he thought everyone understood the process of codification and the end product. Tufts noted he has been in favor of this since he was on the Finance Committee and he wanted a Code Book that could be updated easily.
Tufts noted the original vote to proceed with this was taken almost 8 years ago. Tufts questioned what M. Lincoln’s opinion on ratifying Town Code at the ATM is. Paicos noted he believes that M. Lincoln will state the Code should be adopted at the ATM just as a precaution. Hunt noted she had no misunderstanding on this at all and she thought the company would take a myriad of by-laws and put them into a document that the townspeople could easily access. Hunt noted it is unfair to ask Town Meeting to vote on an article to adopt the Town Code. Hunt noted her interest was to make this easy for townspeople, not to make any changes that would require a further Town Meeting vote. Paicos read the ATM article used in Wayland to adopt codification of by-laws. Paicos noted he can ensure that changes are only in repositioning, recaptioning and renumbering. Hunt questioned why the Board says things and takes positions and then months later they find out things are very different and have to go through lengthy discussions again. Paicos noted that certain changes happen automatically by virtue of putting this in code form and he wasn’t aware. Paicos noted that he now knows the changes that are done and can rectify those changes that the Board objected to. Paicos noted he didn’t ignore the Board. Hardin noted that the previous situation was pretty bad with pieces of paper here and there and hard to determine where things were and that was the genesis of this project. Hardin noted he is in favor of putting these documents in a format that made sense, and in making things politically correct, but not in favor of the Board making decisions to change language to gender neutral without people voting again on this. Paicos noted that no company or Board of Selectmen have the right to make changes on by-laws already approved the Town Meeting. Hardin noted he has no problem with re-numbering and re-organizing, and wants the book to be made easier for people to use and access. Paicos noted all gender changes have been resolved per the Board’s prior request. Paicos noted the only changes allowed will be those required to reorganize and renumber and recaption. Clark noted he wanted each department to review their own by-laws etc., then put into a common book. Tufts suggested that Capitals, gender, punctuation changes be reversed back as the original documents had prior to codifying. Tufts noted he agrees with the renumbering and reorganization.

On Hardin’s motion, seconded by Webster, the Board voted 3-2 to agree with the re-numbering and reorganization of the Code and that Paicos will instruct General Code Co. to restore to original form all documents with the exception of the numbering and organization, and repositioning, and to get a price on legislative history to be listed on each page. Hunt, Clark opposed.

M. White, E. Hands, G. Freitas, B. Miscewicz in attendance. White gave a brief explanation noting that the grant application was for $44,644 to restore the National Olmstead Landmark. DEM noted that the intent of the original design is to be adhered to. White noted that the DEM awarded $64,000 to ensure the original intent of Olmstead is adhered to in the restoration. Hands noted that three of his students have worked on this project. Hands read from a letter from Olmstead and his original intent for the Rockery. The purpose was to make the Rockery look like an old fort and then it was overgrown with plantings and vegetation. Hands noted that trees are growing now and erosion is happening. Hands noted the Committee wants to restore the Olmstead to the original intent but not back to the "naked salamander" look. Hunt expressed concern with a grant going forward without discussion of what it was going to attempt to do. Hunt noted this raises the issue of how grants are done in Town, noting they must first come here to the Board for discussion. Hunt noted the need to find out if people want this first. White noted there is a public meeting required but thought it would take place once design is in place. Hunt noted she was relieved that this is not going back to what was in the pictures she saw on the historic tour. White noted that the Committee put in a lot of work on which project to submit for this grant application. Hunt asked for copies to be submitted to the Selectmen prior to being applied for, of all grants. Clark questioned if the Committee had looked into closing off Barrows St. to a one-way roadway. Hands noted this idea could be explored during the public disclosure.

There was much discussion RE: the proposed design concept. Webster questioned when we go forward to the next step. White noted the Committee will meet with the Finance Committee for the local grant match, then begin seeking contracts.

It was agreed that the Selectmen will get a copy of the contract.

Tufts noted there are several incidents/violations over time and he wants Counsel to prepare a case.

On Hardin’s motion, seconded by Hunt, the Board voted unanimously to conduct a Show Cause Hearing on the 1882 House, per Special Counsel’s advice.

Tufts noted that Budget discussions will be on the next agenda.

Paicos noted the Budget is completed.

Paicos noted RE: the MBTA, he had a meeting today with Reps. Creedon and Lewis and they are expecting a decision from Sec. Moynihan on the environmental aspects of the train, soon.

Hardin noted that while he was in Florida statements were in the Easton Journal RE: Non-Union employees who have received merit pay, being characterized as the Town Administrator’s stooges and robots. Hardin noted he wants to disassociate himself from those statements. Hardin noted that the Town has some of the finest employees, and that some of our employees are held in high esteem throughout the State. Hardin again stated he wants to disassociate himself from those statements.

Tufts stated he agreed with Hardin.

Clark noted that the accounting firm of Thevenin & O’Grady had some suggestions in 7 areas of Town accounting and read from their report. Tufts suggested this go on an agenda as an item.

Clark questioned what the status is of the tax break for the elderly. Paicos noted the situation remains the same, legislation is still pending.

Clark noted he hasn’t seen any upgrading of streetlights since the $10,000 extra money was funded. Paicos will get update on this issue.

Clark questioned what the amount of money involved in preventing him from getting merit pay information is. Paicos noted that at the last meeting he explained this would be time consuming and the Board didn’t ask him to work on this. Paicos noted he has been working on the budget and the MBTA.

Webster asked that if legislation comes through after 6/30, will the money set aside for the senior tax voucher be turned back to free cash. Paicos noted we may be able to encumber the money but it depends on when the legislation is passed. Paicos noted there could be a special warrant article for $10,000. $5,000 for this year and $5,000 for next year. Webster noted she would prefer that money be identified as a line item in the operating budget and not to have to go back to another Town Meeting vote.

Tufts questioned if Paicos has planned any recognition for the winners of the snow plow rally. Paicos will work on this.

At this point in the meeting On Hardin’s motion, seconded by Webster, the Board voted unanimously to accept and read a letter submitted from Non-Union Employees, most of whom were in attendance.

Hill read the letter. (see attached).

At 9:55PM, on Webster’s motion, seconded by Hunt, the Board voted unanimously to adjourn to Executive Session for the purpose of negotiations with Non-Union Personnel

APPROVED_______________________________

DATED________________________________