Selectmen’s Meeting Minutes

November 3, 2003

                               

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office with Chairman Gerard Marsan presiding.  Also in attendance were Jeffrey Tufts, John Haederle, Carla Goodwin and Town Administrator Martha White. (7:00pm)

 

Minutes       

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to approve General Minutes dated 9/29/03.

On Goodwin’s motion, seconded by Tufts, the board voted 3-0-1 to approve Executive Session minutes dated 9/22/03.  Marsan abstained.                                                                   

 

Veterans Day Parade

Marsan read the notice of the parade and the police and fire comments relative to the parade route.  No objections were noted.  Tufts noted that the Veteran’s Day and Memorial Day parades are automatically approved. 

 

Presentation of Plaques – Webster and Harlow

Marsan thanked both Patricia Webster and Leo Harlow for their service to the town.   Plaques will be sent to both Webster and Harlow.

 

Public Participation

None.

 

7:15  J. Derenzo Contractors – Gravel Removal Hearing

Tufts read the notice of hearing.  Building Inspector Mark Trivett and applicant David Howe, owners of

J. Direnzo Company was present.  Marsan explained the process and the need for the permit over 1,000 yards of gravel removal.  Howe noted that the site is approximately 90% complete and this is a result of the site plan process. Trivett noted that the application is in order.  He has reviewed and the applicant has submitted the appropriate fee for the permit.  Tufts questioned the amount of soil.  Howe noted that some of the soil is being moved to the front lot and some is going off site.  Tufts estimated approximately 200 trucks to remove the soil.  Goodwin asked about the need for restoration.  Howe noted that the area to be removed will be seeded in the spring. 

No members of the pubic were present.  Marsan questioned the proximity on the plan and how the amount is calculated.  Trivett noted that the engineer has noted the information on the plan.  Tufts expressed conern with past approvals and hopes that the new bylaw will help with some of the past problems.  Howe noted that the site will be swept and kept clean.  Trivett commented that this is very minor in scope compared to some he has worked on in the past in other communities. 

On Marsan’s motion, seconded by Tufts, the Board voted unanimously to approve the gravel removal permit in accordance with the plan as submitted to the board. 

 

Contract Award – Baldwin Street Water Main Project

Water Superintendent Jack Marsh was present.  Goodwin asked about the time frame and the bid award.  Marsh explained that this project is part of the town wide master system update.  The plan will increase water flow.  The project will not be started this year but will begin during the spring of 2004.  The entire pipe line is less than 1,000 feet.

On Goodwin’s motion, seconded by Tufts, the board voted unanimously to approve the bid for the water main project to P.J. Hayes Co. Inc.,  in the amount of $81,037.30.

 

675 Tobacco & Gas LLC – Common Victualler License

Marsan referred to the comments from the Building and Fire departments.  The applicant was not present.  The Board of Health indicates that a final inspection will be done on Wednesday, 11/5.  Board of Health feels that the issues will be resolved by then. 

Goodwin asked abut the status of the DEP issue within that gas station and asked if the abutters were notified of this hearing.  It was noted that the board’ does not currently have a policy to notify abutters for common victualler applications.

On Tufts’ motion, seconded by Haederle, the Board voted unanimously to approve the common victualler license, subject to the applicant resolving the issues of the Board of Health, Building and Fire Departments.

 

Special Town Meeting (STM) Discussion

Town Accountant Wendy Nightingale was present along with the Finance Committee.  White distributed a STM finance plan  for the board’s review.   See attached.  White explained the finance plan.  Goodwin asked about stabilization and asked if this would help us with our bond rating.  Nightingale explained that the intention was to replenish the free cash to help this effort.  Haederle asked about the stabilization balance and if it would affect the town’s bond rating.  Nightingale explained that it will help to prevent an additional downgrade.  No objection was noted by the board of the intention to fund the warrant articles for the upcoming STM. 

 

7:30 Joint Meeting with Finance Committee – Vacancy Interviews

Finance Committee members were present.  Marsan explained the conflict with the appointment process: Town Charter/MGL.  Town Counsel indicated that a conflict exists; necessitating a joint meeting with the Finance Committee.  Chairman Stu Benton was present and explained the process that the Finance Committee went through to interview the applicants.  Vacancies exist as a result of the resignations of  Tuniewicz, Churchill and Barron.

At this point of the meeting,the board conducted the interviews.

 

Leonard Bercowitz

See attached resume. He expressed the desire to serve the public.  Goodwin asked what he can personally contribute.  Bercowitz noted he is a good critical thinker, has a law degree and understands financial statements.  He has been attended town meetings and is aware of the town’s budget constraints.  Haederle asked his greatest strengths and weaknesses.  Strengths -analytical skills – weaknesses – he indicated that he has a tendency to get a little emotional and needs to take a step back at times.

Donna Lopolito

 See attached resume.  She has lived in the town six years and wants to give back to the community.  Haederle asked about her relevant experience.  She noted her budgeting experience and forecasting.  She is familiar with how to work with tight budgets.    Goodwin asked how she would navigate working in the private sector vs. public sector.  Lopolito noted that she does have some experience with public service and is aware of the different environment.  She feels that she can be an asset to the Finance Committee.

Patrick Goodman

See attached letter.  Goodwin asked if he has respect with being able to work with other boards and particularly the Finance Committee.  She referred to his articles in the BUZZ newspaper.  Goodman responded that he only says what he feels is the truth.  Haederle asked what type of experience he would bring to the committee.  Goodman explained his business and noted the aspects of the accounting.  Haederle asked about his greatest strengths and weakness.  Strengths – being able to get along with people and following through with things.  He noted no weaknesses.

Walter Dusza

Mr. Dusza was not present.

Stephen Drown

See  attached resume.  He noted that he has been in finance for the last 20 years.  He feels he can help the Finance Committee.  Haederle asked about strengths and weaknesses.  Strengths – ability  to work with people, etc.  Weaknesses – getting tied down with details.  Goodwin asked why he applied.  Drown noted he applied to get to know Easton finances and see how it works and to volunteer and bring experience and help out.  Goodwin asked about private vs. municipal sector and what changes he can make to contribute.  Drown indicated that he works for a company and the owners are salesman and engineer and they don’t always know how to trickle down.  He knows how to make this happen.  Finance Committee member Bob Hicks noted that he did not appear for interviews conducted by the Finance Commitee.  Hicks asked what type of involvement he has participated in within the Town of Easton.  Drown indicated that he is currently involved in cub scouts. 

 

Carpentier noted for the record that any votes taken during the period that the new members were present would become void.  Only one meeting took place during that time period.

Based on a joint Selectmen/Finance Committee roll-call vote, Lopolito, Bercowitz and Goodman were appointed to the vacancies on the Finance Committee with the intention that they service until the April 2004 election and at that point would have to run for re-election.

Selectmen roll-call:

Marsan- Bercowitz, Lopolito, Drown  Goodwin - Lopolito, Bercowitz, Drown  Tufts- Bercowitz, Lopolito, Drown,    Haederle - Bercowitz, Lopolito, Drown.

Finance Committee roll-call:

Benton - Lopolito, Bercowitz, Goodman   HicksBercowitz, Lopolito, Goodman, KentBercowitz, Lopolito, Goodman, CarpentierLopolito, Bercowitz, Goodman  BrownLopolito, Bercowitz, Goodman, CohenBercowitz, Goodman, Lopolito.

 

Easton Lions Club –Holiday Festival 2003 –Road Closing ; Temporary Sign/Fee Waiver Requests

 Mr. Ken Wood was present.  See attached letter.

Road closing Main Street/Sundells to Oliver Street – Barrows from Lincoln to Main Street.  White referred to the Rockery project and the importance of protecting the project while going forward with the festival.  White noted she is working with the Lions Club to accommodate their requests.  Wood noted that safety is a big issue.  The rockery will be fenced off at the outside perimeter.   Papineau noted that the Lions may want to check with Boyjisons on their Saturday openings.   Wood has checked on this issue and they have no problem with the festival going forward.

On Goodwin’s motion, seconded by Haederle, the board voted 3-0-1 to allow the road closing for the event, 72-76 Main Street, including the parade route for Sunday. Tufts abstained.

On Goodwin’s motion, seconded by Haederle, the Board voted 3-0-1 to approve the temporary sign request in accordance with the Selectmen’s temporary sign policy and the fee waivers associated with the temporary signs.  Tufts abstained. 

On Marsan’s motion, seconded by Haederle, the Board voted 3-0-1 to waive the fees associated with the event (under the selectmen’s jurisdiction)  Tufts abstained.

 

Ceremonial Bonfire Approval/Fee Waiver Request – Easton Gridiron Club

See attached request letter from the Fire Chief.

On Tufts’ motion, seconded by Haederle, the board voted unanimously to approve the bonfire request for November 26th at the Oliver Ames High School and the fee waiver for the fire apparatus.

Goodwin expressed concern with the board waiving fees for certain organizations and not others.

 

Public Participation

Southeastern Regional School Representative Mr. Ralph Armstead discussed the upcoming meeting relating to the school assessment.  Armstead explained different formula calculations.  He explained the process to change the budget vs. changing the formula.  He summarized the change to communities under the different calculation. 

A meeting will be held on 11/6/03 at 7pm at the Southeastern Regional School.

 

School Project – Loss of Fields Issue

Mr. Ralph Armstead was present representing Southeastern Regional School.  Haederle referred to the junior and high school renovation projects over the next few years.  Haederle stressed the concern on the reduction of fields.  He asked Armstead about assurance of an agreement with Pop Warner Football at the Southeastern Regional site for the next few years.  Armstead spoke on behalf of Pop Warner and agreed with the need.  He noted that he would work with the school on their behalf.  Armstead would be happy to meet with the group prior to meeting with the school superintendent to come up with a proposal for the regional board. 

 

Weekly Landfill Report

White referred to the weekly report.  A meeting may be held on Wednesday to try to resolve some of the outstanding issues.  Goodwin asked about ET&L’s memo and their position of not perform work without extra payment.  White noted that this is still the current status.  CDM is still advocating on the town’s behalf. 

 

Request from Town of Sharon – Support of Land Acquisition

Marsan read the letter from the Town of Sharon asking Easton to support the acquisition of Rattlesnake Hill. 

Haederle explained their intent to purchase the land and turn it over to the state to add to Borderland State Park.         

On Tufts’ motion, seconded by Marsan, the board voted 3-0-1 to support Sharon’s effort by writing a support letter .  Haederle abstained.

 

Special Town Meeting Discussion - Continued

Article 3

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to recommend article 3 in the amount of $177.18.

Article 5

On Tufts’ motion, seconded by Goodwin, the board voted unanimously to recommend article 5,  by transferring $471,522 to stabilization. 

Article 10

On Haederle’s motion, seconded by Marsan, the board voted 3-1 to recommend article 10.  Goodwin opposed.

 Article 11

On Tufts’ motion, seconded by Haederle, the board voted unanimously to recommend.

Article 15

On Tufts’ motion, seconded by Haederle, the board voted 3-0-1 to recommend.  Goodwin abstained.

Article 18

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to recommend.

Article 19

Marsan explained the board’s action last week on the article to amend the personnel bylaw, potentially causing conflict with town charter.  White has continued to work on the wording and found additional inconsistencies causing need for clarification with Town Counsel.  Town Counsel has been helping with wording changes to in effort to make changes to the personnel bylaw without causing conflict with the charter.  Town Counsel has now reviewed all of the proposed articles relating to changing the personnel bylaw.  The subcommittee should look at Town Counsel’s recent memo and give a recommendation at town meeting if they agree with the changes to be made at town meeting.  Counsel has recommended  substantial changes to the article.  An amendment on the floor will have to take place or we will have inconsistencies at town meeting, otherwise the charter wording would prevail.  The board discussed the fact that Town Counsel has made a mistake with their original guidance on the changes.  Marsan summarized the process in which Town Counsel became involved through the subcommittee.  At that time, they have had direct access to Town Counsel.  Town Counsel did not originally have the whole article, they only responded to questions, thus, causing problems with the recommendation of wording.  Marsan noted the rushed fashion.  Goodwin asked if the board would want her to work with Morse and Webster through the TA to compose a language piece.  She referred to the charter change.  Marsan suggested that any questions to Town Counsel should go through the TA so that we have a way to track and identify the information.  He suggested talking to Bracket & Lucas through TA only.  Goodwin suggested deal with one Town Counsel to avoid confusion.  The board acknowledged the fact that three attorneys have worked on this.  Colleen Less of 2 Guinevere Road asked about the errors and if they were scrivener errors.  Marsan explained that the sub-committee is aware of the problem and they have suggested to adopt certain portions of the charter change and Town Counsel has disagreed with the language of the subcommittee.  Less asked if Town Counsel gave legal advice only based on pieces of information and why they never asked for a the complete intent.  Marsan noted the bylaw issue is not clear and changing all the time.    He further noted that the subcommittee worked on this over the summer and this is part of work of the subcommittee and it is coming to form now for this upcoming town meeting.

Mr. John Rizzo of 12 Lothrop Street clarified that the issue of the change to the bylaw was brought up at the June special town meeting.  Marsan further explained.  Goodwin referred to the October 15th meeting and the suggested changes from J. Masteralexis, E. Lucas and then J. Masteralexis again.  This has caused much confusion. 

Goodwin noted the need to clarify an amendment.  Marsan noted that the subcommittee needs to look at the recent information and see if they agree with town counsel.  Goodwin again asked for permission to draft an alternative amendment to be made at town meeting.  Marsan suggested that the board look at tonight’s warrant.  This is what the board has put on the warrant.  The board should then look at the recent memo and start here with amendments.  Tufts suggested that we throw anything away prior to the warrant and make changes from here.   

 

Emergency Item

On Tufts’ motion, seconded by Haederle, the board voted unanimously by roll call  to take up an emergency item.

Goodwin yes, Tufts yes, Haedlere yes, Marsan yes.

White explained the attached release of 61A, for property located on Newell Circle, which was originally approved in 1984 but was never recorded.  The property has since been developed, the town assessors office has records releasing the lien on the property from the 61a restrictions.  The town does not have a requirement to record a document if the town doesn’t exercise its right, only if it does exercise the right.  White will record all documents in the future to eliminate further confusion on other properties. 

The document has been reviewed by Assistant Assessor Anne Carney.

On Haederle’s motion, seconded by Tufts, the board voted unanimously to endorse the document and note that the town did not exercise its first right of refusal on the property. 

 

Town Administrator’s Notes

White noted that the OCPC is seeking two selectmen to serve on the OCPC MPO.  White asked for interest by the board members.  White referred to the self nomination forms and the required election.

Haederele expressed interest and will submit a form.

 

Press Notes

None

 

Selectmen’s Notes

Goodwin requested an upcoming agenda item to discuss the Establishment of Inter-Municipal Relationships.

 

On Goodwin’s motion, seconded by Haederle, the board voted unanimously by roll-call to go into Executive Session for the purpose of discussing strategy with respect to negotiations and strategy with respect to pending litigation.  Marsan yes, Goodwin yes, Tufts yes, Haederle yes.   9:50pm.

 

Respectfully submitted,

Mary McCarthy

                                                                                                                _____________________________

                                                                                                                Approved

 

                                                                                                                _____________________________

                                                                                                                Date