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Date approved

Selectmen’s Meeting Minutes

November 29, 2004

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office, 136 Elm Street with Chair Colleen Corona presiding. Also in attendance were John Haederle, Colleen Less, Charles King, Gerard Marsan and Town Administrator Martha White. 7:05pm.

Tax classification hearing

Assessors Wally Fulcher, Shaun Fitzgerald and Assistant Assessor Anne Carney were present.

Haederle read the notice of hearing. Fitzgerald thanked the staff of the Assessor’s Office for doing a wonderful job throughout the year. Fitzgerald read the attached recommendation memo from the Assessors. The Assessors recommend keeping a single tax rate. Fitzgerald noted that just over 90% of the town is residential with the rest being commercial/industrial. A multiple tax rate could be proposed if we got a larger commercial base. Residential growth requires more services, commercial requires less in general. The final tax rate cannot be finalized until after town meeting, and is subject  to the approval of the state. Marsan stated that over the years the residential percentage continues to grow. Fitzgerald noted the increase in the commercial growth this year. He specifically referred to the new Roche Brothers plaza. The Assessors anticipate new commercial growth over the next few years. King asked how many more of these projects would be necessary to match the commercial to the residential. Fitzgerald suggested that if there were more stories allowed on existing buildings in the industrial zones, we could get new growth. He spoke of open land in the area of Rt. 106/138 and the significant wetland issues. The values of commercial properties do not continue to grow like the residential growth. White noted the Highland Plaza area and how there is more room to grow and also how the lack of sewerage inhibits growth.

On Haederle’s motion, seconded by Less, the board voted unanimously to accept the single tax rate as suggested by the Assessors.

HUGS presentation of gift to Recreation Commission

Chief Tom Kominsky, Officer Denise Papagno, members of the Recreation Commission and Recreation Program Director Anne Dailey were present. Papagno spoke of the Domestic Violence Task Force and its growth and education programs. Papagno spoke of the after school program which Dailey coordinates and how it helps the teens ages 13-15. Papagno credited Dailey for her work on the homework club. Papagno presented a check to the Recreation Department in the amount of $8,750 for the after school program. Papagno recognized the volunteers and the Chief for their support and announced that an additional $3,250 was raised for HUGS, over and above the donation to the Recreation Department.

Follow-up discussion re: formation of an audit committee

Members of the Finance Committee were present. The Finance Committee proposes a 5-member ad hoc audit committee. The proposed membership would consist of one Selectman, one Finance Committee member, one School Committee member plus two citizens at large to be jointly appointed by the Selectmen and Finance Committee. The goal is to eventually have the committee become permanent. King questioned the decision on whether the committee would involve a charter change. Corona noted we could form an official committee right now without a charter change. White spoke of her opposition to a charter change and further suggested that the committee not be referred to as ad hoc. White suggested a permanent committee with the need for a committee charge. Finance Committee Chairman Stu Benton will work on a draft charge and once created and approved, the Selectmen could advertise for the committee.

On King’s motion, seconded by Less, the board voted unanimously to form an audit committee.

The board discussed who the appointment authority would be of the two citizens.

Marsan referred to the Finance Committee, Selectmen and School Committee members and if they have had discussions on the appointing authority. Finance Committee member Bob Hicks suggested that it would become awkward if all three boards met to do the appointing. Benton suggested that the Selectmen should be part of the process and further suggested the Finance Committee could be helpful in this matter. Marsan suggested that the Selectmen be the appointing authority as it is done this way generally. Less felt that the Moderator should be the appointing authority after getting some advice from the Finance Committee. Less felt that 14 people would be more than what is needed. White noted that the Finance Committee does not have appointing authority. Hicks noted the precedent that has been set where the Finance Committee gets copies of the applications and met in joint session to make the decision. White expressed concern with the annual appointment process and how the joint appointment would be difficult if this procedure is adopted.

At this point of the meeting, the Finance Committee agreed that the Selectmen should be the appointment authority.

On Haederle’s motion, seconded by Marsan, the board voted 4-1 to have the Selectmen be the appointment authority of the new Audit Committee. Less opposed.

The charge will be voted at a future meeting along.

Discussion re: health insurance audit

Members of the Finance Committee and Collector/Treasurer John Nunes were present to discuss the results of the recent health insurance audit. Benton spoke of the results. He spoke of the findings and read the attached “Response to Independent Accountants’ Report on Applying Agreed upon Procedures Relating to the Town of Easton’s Medical Billing”. In summary, there were no findings amounting to large dollars. The Treasurer and the Town Administrator are working on a program to help find a better process to strengthen the controls. White reiterated the fact that the findings and the timing of the health insurance audit worked out well concluding at the same time that the Audit Committee has been proposed. White reinforced the value of the Audit Committee. Corona asked if this type of committee would now become routine. White stated yes. White referred to a new computer program which will be in place within a month to help track the required health insurance changes for current members once they reach the age of 65. Marsan noted he was pleased with the results of the audit, especially the flat fee for the audit. The board thanked the Finance Committee for their work.

Report of Finance Committee regarding town counsel services

Members of the Finance Committee were present. Members Richard Coose and Stephen Drown were present and provided a summary of the findings of the evaluation they researched of the current Town Counsel model. Coose and Drown provided a PowerPoint presentation. Less agreed with suggestions that the town have guidelines on billing. White explained the current process. Less noted the confusion when two attorneys give advice on the same issue suggesting that the opinions should be consistent. White noted her current review of legal bills prior to processing. Corona suggested that we keep one central place for town counsel opinions to ensure we are not asking for duplicate opinions on the same matter. White noted that some of the bills currently include hours worked but not charged. Haederle asked for surety that we are not spending a lot of time reviewing bills which may end up costing more than what their billing rate was. Marsan noted that he is pleased with this report and spoke of the former Town Counsel Marty Lincoln. Marsan noted that the town only utilizes a few special counsels at this point. Marsan suggested in house counsel becomes very expensive and it’s hard to get someone with the skills. Marsan spoke in favor of doing periodic RFP’s. Corona asked that we move forward on the RFP issue. The board again thanked the Finance Committee for their work.

Gift of land – Conservation Commission R4-72, Parcel 2 (off Rockland St)

Conservation Chair Mike Sites was present to explain the proposed gift of land.

On Haederle’s motion, seconded by King, the board voted unanimously to approve the gift of land as proposed by the Conservation Commission.

Update regarding Belcher Foundry issues

Denise Higgins of 4 New Pond Way was present. Haederle distributed new information and noted White’s draft letter on this issue. Haederle spoke specifically of the Belcher’s increase of hours and how they should have gone to Zoning Board of Appeals (ZBA) for approval when they increased their hours. They currently operate beyond the 10pm time frame that the DEP put in place. Haederle is suggesting that the hours of operation be consistent from 6am –10pm in accordance with DEP noting this is still a 16 hours shift. See White’s draft letter to Belcher Corp. Corona summarized that the 24 hours a day increase was substantial which should have received ZBA approval. Marsan noted that the Selectmen are not the enforcing authority so we could send a letter with a copy to the Building Inspector. Marsan suggested that the Building Inspector send a letter regarding the non-conforming use telling them that ZBA approval is necessary. Haederle noted Town Counsel’s opinion that they are technically a legal non-conforming use so we cannot ask them to go to ZBA now for a special permit unless there is an expansion, such as in hours of operation. Haederle stressed the importance of having the town send this letter to show that we are serious. Corona summarized that legally the letter has to come from the Building Inspector/Zoning Enforcement Officer. White considers this an administrative action and feels that this is a courtesy letter. White noted that even if the Building Inspector is working on a letter, zoning couldn’t be enforced unless zoning is being violated. Haederle noted that Belcher would be doing some testing as agreed upon. King asked about unforeseen issues that may arise. Haederle further explained the letter. Marsan suggested a minor change to the letter to help clarify King’s concern.

Mark Carpentier of 31 King Arthur Road asked about Belcher’s ability to extend hours in the event of mechanical failures. The board noted that are going to clarify this matter. Belcher would probably prefer to pay the fines. They may feel that the fine is part of the cost of doing business. Leonard Bercowitz of 9 Sandy Pond Lane asked if the Foundry could stay open pending an appeal. Marsan suggested that they would most likely keep going. Carpentier asked about the Foundry and if anyone could be held responsible personally. The board could not answer. Haederle noted that on Tuesday, 11/30 the Toxics Action Center has planned a media event at the Foundry Street. State legislators will be present.

On King’s motion, seconded by Less, the board voted unanimously to approve the letter drafted by White, as amended.

Approval of Minutes

On Haederle’s motion, seconded by King, the board voted unanimously to approve General Minutes dated 10/13/04.

On Haederle’s motion, seconded by King, the board voted unanimously to approve General Minutes dated 11/1/04.

Public participation

None

Special Town Meeting discussion

Warrant Review

Article 4

On Haederle’s motion, seconded by Less, the board voted unanimously to recommend article 4.

Article 6

On Haederle’s motion, seconded by Marsan, the board voted unanimously to recommend article 6.

Discussion regarding debt exclusion override

The board discussed borrowing the additional money for the Easton Junior High renovation project. The additional $13,000,000 will have no additional tax impact because they are going to reimburse us in whole instead of partial payments. Less noted that if people have questions, there would be a School Committee meeting this Thursday with members of the School Building Assistance Program. The public is encouraged to attend. This meeting will be held at the Easton Junior High School at 7pm.

Approval of warrant for January 11, 2005 Special Town Election

White noted the need for signature for the special town election warrant for January.

Consideration of contract for purchase of backhoe

White explained the funding at the last annual town meeting. The low bidder is $67,599.25- Milton Cat.

On King’s motion, seconded by Less, the board voted unanimously to approve the contract in the amount of $67,599.25.

Press notes

None

Selectmen’s notes

Corona announced the upcoming annual Lions Club Holiday Festival. She also noted the work done by the Lions Club at Yardley Rink. Corona reminded citizens about the special town meeting to be held on 12/6/04 - 7pm at the Oliver Ames High School.

Town Administrator’s notes

White spoke of a smart growth meeting she and the chair attended recently. She referred to the wastewater management issues. White noted that we are pursuing opportunities to look at water resources, etc.

White noted a recent press release that she and the Building Inspector issued. A contractor was allegedly taking money from homeowners; work was started but never completed. White referred to a checklist of things homeowners should consider when hiring a contractor.

On Less’ motion, seconded by Haederle, the board voted unanimously by roll call to go into Executive Session for the purpose of discussing labor negotiations, not to return to Open Session. 9:25pm.

Less yes, Marsan yes, King yes, Haederle yes, Corona yes.

Respectfully submitted,

Mary Southworth

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Approved

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Date