Selectmen’s Meeting Minutes
The Board of Selectmen met this evening at the Easton
Tufts was not present at this point of the meeting.
Tax Classification Hearing
Assistant Assessor Anne Carney and Assessors Shaun Fitzgerald and Wally Fulcher were present.
Fitzgerald gave the board a presentation and thanked Carney and staff Paulette Hollis and Ann Williams for their support throughout the year. Fitzgerald read a prepared statement (see attached). The Board of Assessors recommends a single tax rate again this year. Goodwin asked about the opportunity to increase taxes for all the five classes. She questioned if we could increase the tax rate of one of the five only. Fitzgerald noted that it can be done but it is rare and not recommended and explained the reasons why. Haederle asked about the no additional revenues to the town. Fitzgerald noted that the numbers given this evening include all the new homes constructed along with commercial zoned areas. The projected rate is 11.41 but is not official yet and approved by the Department of Revenue (DOR). Marsan noted that each year this hearing is held and we are trying to figure strategy to retain and bring in new business. It is clearer each year that this is a problem and there is not much we can do about the issue. Fitzgerald noted 11% industrial 89% residential. Carney noted that we start to look at the rate split when it is more like a 80/20 split.
On Marsan’s motion, seconded by Goodwin, the board voted unanimously to adopt a single tax rate with a residential factor of 1.
Constable Application – Brent Peterson
Brent Peterson was present.
Officer Fuller was present and referred to the background check done by the Police Department and noted specifically that Peterson is highly recommended and has a tremendous reputation.
Goodwin noted that if appointed he may be asked to serve on behalf of the town. Peterson agreed.
On Goodwin’s motion,
seconded by Haederle, the board voted
unanimously to appoint Peterson as a Constable for the town with a term
expiring
Adjudicatory Hearing – D&D Limousine Service
Town Counsel Attorney Joan Langsam was present.
Marsan read the notice of hearing.
Langsam gave a summary and explained why the hearing was necessary. She noted that there are currently 5 limousines registered at the premises of 98 Summer Street.
Mr. Daniel Merritt was present and not represented by Counsel. Building Inspector Mark Trivett was also present. Trivett noted that back in 2000, Mr. Merritt received applied for and received a building permit to add on to an existing residential garage. The addition consisted of 10x36 square feet, which included a car port. At the time, Trivett realized that there could potentially be some type of business operating at 98 Summer Street, exceeding an accessory, off- premises occupation. He then questioned Mr. Merritt and explained the provision of the zoning bylaws which allow for storage of equipment or vehicles as long as it was housed by a structure but also has a definition of accessory use. Only a certain portion could be devoted to the other business (limousine). Trivett noted that he wrote to Town Counsel Elaine Lucas. She then responded with an opinion dated December, 2000. He received complaints from abutters in the neighborhood. Over a period of time, other livery requests by other applicants came before this board, and the former Town Administrator asked for Trivett’s opinion based on the zoning bylaws and knowledge of case law. Trivett referred to three or four memos written on this issue in the past. At that point, Counsel couldn’t find anything allowing/prohibiting storage of vehicles. Langsam asked if Trivett had visited the property. Trivett noted that he had inspected the premises and took photographs from the street. Trivett showed the pictures and explained what they represented. Trivett noted that while it is not confirmed that all five vehicles are there at the same time, they have been observed there and are registered at the 98 Summer Street address based on the excise tax information. Marsan asked about the section of the zoning bylaw prohibiting more than one vehicle. Trivett explained the criteria and percentage. Trivett spoke of the need to clarify or change the bylaw wording/language but it has not been brought to town meeting. Haederle asked for clarification of Merritt’s lot size. Langsam referred to Assessor’s information and replied 31,500 square feet. Langsam referred to excise bills and specifically noted the livery plates at 98 Summer Street.
Officer Fuller was present and stated his full name for the
record. Langsam asked if he had
investigated the registrations for D&D Limousine. Fuller noted that he did issue the report and
found all of the vehicles registered at 98 Summer Street, confirming
information received this evening. All
information was obtained from the Registry of Motor Vehicles. Langsam referred to the license renewals for
2000 and year 2001, which indicated two vehicles. The original application as approved was only
for one. At this time it was noted that
the Town of
Mr. Merritt identified himself and viewed pictures that were
submitted into the record. Merritt
clarified that the room above the garage is not an office and specifically
specified that it is a children’s playroom.
Merritt noted that he and Trivett have a very big difference of opinion
on this matter. Merritt noted that he
called Trivett when he purchased the bus as a courtesy and it is housed in
another location. Merritt indicated that
is being accused by a neighbor and wanted the neighbor identified. He feels he has the right to know. Merritt noted that TA’s opinion was that Town
Counsel has stated that we do not have to give the info. Haederle referred to the violation of the
town’s bylaw. Merritt stated that all
the pictures were taken during the day and stated that the cars are not at that
location overnight. He acknowledged that he does have them registered under his
business name in
On Marsan’s motion,
seconded by Haederle, the board voted
unanimously to take a brief recess. (
The board reconvened Open Session at
Langsam noted that Merritt left the hearing on his own accord and had the opportunity to be heard and be represented by Counsel.
No other information was given.
Langsam reviewed the choices available, suspension, revocation or taking no action at all. She feels that there is an obvious violation of the license, operating more than two at his residence. He originally was given a license for one and then at renewal given the license for two vehicles. At this time, he does not have a license for five vehicles. The board can revoke the licenses and have him apply for a new one for only vehicle. Goodwin asked Trivett about the conditions and if two meets the 10% threshold. Trivett explained. One vehicle would meet the 10% threshold of garaging. Goodwin expressed concern issuing a condition and then the applicant having difficulty with a zoning issue. She suggested that the board should do something that would serve the purpose of the 10% threshold. Trivett noted that one properly licensed vehicle would pass in terms of meeting the zoning requirements. Marsan noted that if the board felt that the license was not properly used and became a license for five vehicles, the board could take some action. The board could revoke all licenses for 2003 and act upon a new license application for one. Langsam suggested as an option that they could modify the license down to one now.
On Goodwin’s motion, seconded by Haederle, the board voted unanimously to modify the renewal to one vehicle to be effective 12/29/03and any such renewal for 2004 will reflect the one vehicle only.
A written decision will be issued to Mr. Merritt. Only one livery vehicle can be owned, operated and registered at the location.
Adjudicatory Hearing - Highway Package Store
Attorney Joan Langsam was present.
Mr. Correia was present. Marsan read the notice of hearing. Marsan referred to letter form Attorney John Creedon asking for an extension of time on behalf of Mr. Correia. Marsan noted the upcoming meetings and suggested the date of 1/26 to continue the hearing.
On Marsan’s motion,
seconded by Haederle, the board voted
unanimously to reschedule/continue the hearing to the date of
Library Project Update
Yvonne Gonsalves and members of the Library Board were
present.
White updated the board and announced that we have retained Town
Counsel Brackett & Lucas for this issue.
Gonsalves gave an update on the project.
She spoke of the appeal and the Department of Environmental Protection adjudicatory
hearing process. She spoke of the Order
of Conditions. The notice of intent was
filed with the Conservation in January of 2000.
Conservation gave permission to proceed.
It was appealed by a group of ten taxpayers. In September of 2000, DEP issued a
superceding order of conditions. The
taxpayers appealed that decision. The
primary issue is whether the stream is perennial or intermittent. The hearings proceeded and went before an Administrative
Law Judge (ALJ). In December of 2001, a
recommended decision came forward, in May of 2002; the Commissioner issued a
remand decision. The ALJ was directed to reopen the hearing. The stream issue was further reviewed. In October 2002, the ALJ questioned the
decision to reopen the hearing. Another couple
of months passed and in January 2003, the commissioner issued a second remand
decision, finding inadequate evidence to qualify the stream as perennial. In February 2003, the citizens appealed the
decision and new evidence was heard. In
April 2003, the hearing concluded, the ALJ took it under consideration, in
September 2003; they decided the stream was intermittent. A 26 page decision was issued. In December 2002, the DEP law changed. The files have been re-opened and Gonsalves expects
new information filed by mid December under the new law. Gonsalves indicates that there will be no
question that the stream is intermittent under the new law. The permitting process will move forward with
the old and new regulations. She has not
withdrawn the notice of intent at this time.
The final order of conditions will allow the town to move forward unless
appealed to the superior court. The
course we are taking will move forward under the new notice of intent with the
new law and waiting and seeing the final decision under the old law. Gonsalves anticipates the earliest hearing
date before the commission would be
Tufts was present at this point of the meeting. (
Weekly Landfill Report
Chairman Henry Mehler was present. White summarized the weekly report and noted that the landfill is at a point of substantial completion. Change orders 4 and 5 were referred to. See attached report. The Landfill Committee voted the proposed agreement and the change orders as proposed. The landfill committee has voted that the reports each week are no longer necessary unless important information comes up. Goodwin asked about the certificate of compliance from DEP. White and Mehler explained that it will be awhile, once tests are complete. White noted that they are still retaining money. Marsan referred to the settlement agreement. White referred to change order #4 and the language submitted. Marsan asked for clearer settlement agreement language separate from the change order. Marsan asked for a modification of language referring to ET&L’s letter to complete all issues relative to the contract except for the retainer.
Tufts asked who is responsible over the winter for issues relating to erosion. White indicated that the contractor is responsible for the next year.
On Goodwin’s motion, seconded by Haederle, the board voted unanimously to accept change orders 4&5, amending language in #3 for closure.
Minutes
On Goodwin’s motion,
seconded by Tufts, the board voted
unanimously to approve General Minutes Dated
On Haederle’s motion,
seconded by Goodwin, the board voted
unanimously to table General Minutes dated
On Tufts’ motion,
seconded by Haederle, the board voted
unanimously to approve Executive Session Minutes Dated
Discussion re: Establishment of Inter-Municipal
Relationships
Goodwin updated the board and referred to the attached minutes
of the meeting held on
On Marsan’s motion, seconded by Tufts, the board voted unanimously to appoint Goodwin to the group.
Goodwin asked for Town Administrator to meet with the group to explore possibilities. Goodwin will work with White on this issue.
Council on Aging Resignation – Christine Quinn
Marsan read the letter of resignation from Christine Quinn. A certificate of appreciation was endorsed by the board.
Tufts commended Quinn for her efforts in the past on the Growth Management Committee and the COA.
On Haederle’s motion, seconded by Tufts, the board voted unanimously to issue a certificate of appreciation and accept the resignation.
Policy re:
Selectmen Subcommittees
Marsan referred to the current policy and the requirement of posting agendas and record minutes, etc. A section of the open meeting law was referred to. The board also referred to the committee establishment procedure policy within the board’s policy book. See attached.
Tufts commented that when a draft charge is created, the board should decide if the report of the subcommittee is binding or not binding. The board doesn’t give up their authority. They still need to go back to the board for direction or decision. Marsan agreed that the charge should be clear and the roles and responsibilities should be clear when subcommittees are created. The committee policy should also include subcommittees. Goodwin referred to committees appointed by the board in the past and submitted a list. The board discussed specifically the bylaw review committee. Goodwin suggested that in each case of a subcommittee, it came back to the board in the form of some type of report. Goodwin cautioned the board on calling committees subcommittees or working committees. The board discussed the issue at great length.
Discussion re: Town Counsel Access Policy
The board discussed the town counsel access policy for the board’s review. See attached. Tufts expressed the need to reaffirm the policy and noted the need to follow the policy.
Special Town Meeting Discussion
Article 19 – (proposed amendments to the personnel bylaw)
White noted that the STM has been continued to
On Marsan’s motion, seconded by Tufts, the board voted unanimously to Haederle meet with the group in the effort to come up with a consensus of a bylaw amendment.
Town Administrator’s Notes
None
Press Notes
None
Selectmen’s Notes
Goodwin announced that Jean Shearing, Asst. Town Clerk is retiring
as of
Voters and announced that Jean will be greatly missed. Goodwin thanked her on behalf of the Town of
Tufts noted the upcoming holiday festival held this weekend.
On Haederle’s motion, seconded by Tufts, the board voted unanimously by roll-call to go into Executive Session for the purpose of strategy with respect to non union personnel, pending litigation, not to return to Open Session.
Haederle yes, Marsan
yes, Goodwin yes, Tufts yes.
Respectfully
submitted,
Mary McCarthy
_____________________________
Approved
_____________________________
Date