Selectmen’s Meeting Minutes

February 2, 2004

                               

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office with Chairman Gerard Marsan presiding.  Also in attendance were, John Haederle, Carla Goodwin, Colleen Corona and Town Administrator Martha White. (6:35pm)  Jeffrey Tufts was not present.

 

The board convened Open Session at 6:35pm.

 

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to go into Executive Session for the purpose of discussing property and labor negotiations.  (6:35pm).

 

The board reconvened Open Session at 7:15pm.

 

Minutes        

On Goodwin’s motion, seconded by Marsan, the board voted 3-0-1 to approve General Minutes dated 12/1/03 as amended.  Corona abstained.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to approve General Minutes dated 12/15/03. 

On Marsan’s motion, seconded by Goodwin, the board voted unanimously to approve General Minutes dated 12/29/03 as amended.

On Goodwin’s motion, seconded by Marsan, the board voted unanimously to table Executive Session Minutes dated 12/1/03 & 12/15/03.

 

On Marsan’s motion, seconded by Corona, the board voted unanimously by roll call to adjourn Open Session and act as Water Commissioners for the purpose of holding a hearing.  Marsan yes, Corona yes, Goodwin yes, Haederle yes.

 

Water Commissioner Hearing Request – Diane Howard

Ms. Diane Howard and Mr. Richard Urenas of 14 Eishenhower Drive were present.  Water Superintendent Jack Marsh and DPW Director Wayne Southworth were also present.  Howard submitted information for the board’s review.  She noted the letters sent to the town.  Marsan acknowledged the letters which Howard referred to.  Howard specifically noted a letter dated 11/29/02 letter to Southworth.  Howard referred to the meter readings and the gallons used.   Howard reiterated her claim that the newly installed meter confirms that the old meter was faulty.  Howard is requesting a refund for the money overpaid.   Howard indicated that Water Department came out and took out and then replaced with a new one.  Howard claimed that the meter technician acknowledged the needle gauge “jumping”.  From that point on, Howard did not feel that there was a problem with the water usage.    Howard spoke of the construction period while Developer Doug King’s Queset on the Pond was being built and how the construction could have affected her meter. Corona questioned water usage and the higher amount in the summer vs. winter.  Howard explained the dry summer and the the realistic water usage would be.  Haederle asked Marsh if the Water Department verified the numbers.  Marsh indicated that the Water Department confirmed the numbers.  Howard noted that the bills have all been paid.  At this point of the meeting, Marsan asked Marsh to respond to questions that have been raised by Howard and the board.   Marsh gave history of the case and noted that on 10/1/02 the meter was read; on 10/9/02 the computer flagged it as a high reading.  It was read again on 10/9/02 and was still extremely high.  A standard letter was generated and sent out to Howard indicating a possible problem.   A new bill was sent out reflecting the water use in question. A few weeks later, Ms. Howard stopped by the Water Department and asked them to come down and check for leaks.  On or about 10/15/02 Howard requested the department come out and check for leaks.  Howard’s first available date was 11/15/02.  The department did check for leaks and found none.  The meter was read again and the new reading verified the usage was cut in ½ but still a little higher than average.  Marsh indicated that they did remove the meter for testing at her request and the results to the test came back fine.   Howard requested an independent company to test the meter at her expense and the test came back satisfactory also.  Marsh referred to Howard’s comment on the meter dial jumping and explained that it was not the case.  After the testing, Howard wrote a letter to Badger Meter and they responded to her.  Marsh noted that in his 25 years servicing the Water Department, he has not seen a meter run fast.  Marsh acknowledged that this does seem higher than average, but he honestly feels that the water went through the meter and the meter had not malfunctioned.  Marsan asked about the water meter replacement.  Marsh explained that the new meter was put in because the other was sent out for testing.  The original meter was not put back in the home.  Marsh noted that they pulled it out as apart of the regular servicing program.  Goodwin asked about a meter moving forward and the fact that it will not move forward without water flow.  Marsh confirmed that this is accurate and referred to Badger Meter’s report.  At this point, Howard again referred to the technician’s reaction to the needle jumping.  Howard stated that the town volunteered to take the meter out and she did not ask to have it taken out.  Howard again spoke of the increase in water consumption and felt that the numbers cannot be disputed.  Marsan explained that Badger Meter and the Water Department acknowledged that the meters are pretty accurate.  Southworth noted that the records are consistent for fall/winter patterns and during these times, water consumption is less.  He noted summer months and the discrepancies.  He spoke of the standard policy of sending out a “high bill letter” to try to resolve issues before the actual bills go out.  He noted that most often it is the case it is a leaky toilet.  In the summer months, you may not realize how much water you are actually using.  Southworth concurred with Marsh and believes that the water did go through the meter.  Corona asked about that particular summer of 1999.  Southworth confirmed that 1999 was one of the driest summers.  Howard spoke of nine years of water usage and expressed frustration with the usage going down after the meter was changed.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to take the matter under advisement and to continue the discussion to a future date.  Ms. Howard will be notified when the board continues the discussion.  

 

On Goodwin’s motion, seconded by Corona, the board voted unanimously by roll call to reconvene as Selectmen. ( 7:55pm)

 

Public Participation

John Rizzo of 12 Lothrop Street spoke of the Howard water hearing and suggested that the alleged water usage is unrealistic.  

 

Adjudicatory Hearing - Highway Package Store – 669 Washington Street

Town Counsel Joan Langsam, Attorney John Creedon, Acting Police Chief Tom Kominsky, Officer Pat Brophy, Officer Jeffrey Fuller, Highway Package Store Owner Mr. Joseph Correia, Highway Package Store Clerk Danielle Goldsmith, Highway Package Store Clerk Tom Skinner and Stonehill Police Officer James Smith were present.

Marsan read the notice of hearing as indicated in the packet. 

Haederle spoke of possible conflict of interest and counsel’s ruling of no conflict.  Creedon indicated no problem with Haederle’s participation.

Langsam noted the reason for the hearing this evening for violation of state and local liquor laws, sale to minor, pertaining to Highway Package Store.  Langsam referred to the original notice of hearing and the  letter to Creedon indicating the hearing date of 1/26/04; letter dated 12/1/03 from Creedon to the Selectmen re: his representation of Mr. Correia and a continuance request;  A letter dated 11/10/03 to Correia notifying him of the hearing sale to minors, etc.;  Copy of MGL Ch. 138 §34; incident reports dated 7/15/03 and another report 11/4/03; a letter to the Easton Police Department (EPD) dated 10/30/03 from Jeffrey Bonci, a further report 11/17/03 by Officer James Smith, Stonehill Police Dept; a copy of a VT drivers license, and a guide to the Massachusetts Liquor Laws, pages 10,11, 12.

Officer Brophy was called as a witness to the alleged violation, sale to a minor.  Brophy stated his full name for the record and verified his employment with the Town of Easton as a Police Officer and the fact that he is the author of the incident report concerning the alleged sale to minor.  Langsam asked him to summarize.  Brophy noted that he was dispatched to 41 Pinebrook Lane after a call from a mother dealing with an incident with her son.  The woman found her minor son hiding a wine bottle behind trees.  At that point, she then called the EPD.  Brophy spoke to the juvenile who acknowledged that he purchase the wine from the shelf of Highway Package Store.  Brophy asked if he used a fake ID and he responded that he did not.  He had no ID.    Brophy then indicated to the minor that he would view the surveillance tapes and he would hope not to see that he used a fake id.  The minor indicated that he used cash to purchase the wine.  Brophy confirmed that he asked the juvenile his age.  He confirmed that he was 16, not 21.  The mother confirmed his age also.  Langsam asked what Brophy did after he confirmed the juvenile’s age.  Brophy noted he ask for a description of the gentlemen that served him.  The minor indicated that the male clerk was wearing a baseball cap and a dark shirt.  Brophy then took the bottle of wine and brought it to the store where he bought it.  Brophy went to the store and explained the situation to the clerk, Joseph Correia.  Langsam asked about the store and if anyone else was there.  Brophy explained.  Langsam asked Brophy if he spoke with juvenile about coming to the hearing this evening.  Brophy replied no.  Brophy indicated that the Acting Police Chief may have discussed this and there may have been a conversation.  Langsam asked if the minor showed showed a fake ID.  Brophy noted that he never came forward with a license.  He was very clear that he did not show a license.    Creedon asked Brophy if the matter had gone to court.  Brophy stated yes and there was a problem with the minor identifying the person who sold the wine.  Brophy noted he was not the court officer of that case.  Creedon noted that the matter went to court and the juvenile had a description and then misidentified the person in court who sold him the wine.  Officer Fuller was present at court that day and witnessed the identification.  Corona asked if Highway Package Store actually had a surveillance tape.  Brophy was not sure but used this as a way to try to get the minor to give him the fake ID if he in fact had one.  Corona asked about a price sticker labeling Highway Package on the bottle.  At this point, Langsam called Stonehill College Police Officer James Smith to the stand to speak of the second alleged violation which took place in November relative to students at Stonehill College.  Marsan noted that Creedon was noticed of incidents, the one in July and the one in November.  Langsam explained the process.  Creedon questioned whether one would take precedent over the other.  Langsam noted that they both apply, showing the management of the package store.  Langsam asked Smith to state his name for the record.  Smith stated his name and title.  Langsam asked if he was the author of the report.  Smith replied yes.  On the date of 11/4/03 at 9:10pm, while on routine patrol, he notice three suspicious looking students in the parking lot transporting empty brown bags.  The students entered a vehicle and headed south to to Rt.138 toward some liquor stores.  They passed Hennessey Package Store and the vehicle was parked in front of the Highway Package Store at 669 Washington Street.  Upon his arrival at Highway Package Store, Smith indicated that one man was carrying a bag with a 30 pack of beer.  They proceeded to Stonehill College, specifically the “dry parking lot”.  No alcohol is allowed at that location.  He walked over to the car and asked if they were 21 years of age.  They all indicated that they were not 21 years of age.  He told them that he witnessed them purchasing alcohol.  He witnesses a thirty pack of beer and a bottle of vodka.  He asked one of the students, Mr. Bonci,  for his license.  Bonci replied that he was not 21year of age.  He noted that he went to the liquor store and used a license to purchase the beer and vodka from the female clerk.   After much discussion and assistance from another Stonehill Police employee, Sgt. Best, a counterfeit VT license was given.  Smith noted that it was not even a match to a real VT license.  The back of the card was actually an Old Navy gift card. It appeared to be flimsy and unrealistic in Smith’s opinion.  Langsam asked if the VT license had a date of birth showing 21 years of age.  Langsam asked Smith for confirmation on what types of ID’s are legitimate for proof of ID.  Smith noted that only MA licenses are accepted, no out of state license can pass as a valid form of ID.  Langsam had no other questions at this time. Creedon asked Smith about his work and patrol.  He asked if this was an approved investigation.  Smith explained the report and indicated that there was no violation that he did anything out of the ordinary.  He did not need approval to leave campus.  Creedon asked about the night in question and if there was confusion about Bonci’s license.  He referred to the license showing 21 years of age.  Creedon asked if he placed him under arrest.  Smith acknowledged that he did not take that action.  Smith acknowledged what his rights as an officer are.  Creedon noted that Smith did not get to go through the wallet to look at other license, etc.  Smith agreed that he did not check the wallet.  Creedon asked about the condition of the license.  Smith acknowledged that the license was beat up.  Creedon asked if he felt that the license should have been questioned and if he had arrested minors for buying alcohol.    Creedon asked if he had ever been taught in academy to bring the minor back to the store to prove the sale to the minors.  Smith acknowledged that he did not.  Creedon noted that Mr. Bonci contradicted himself on how he bought the liquor.  Smith noted that he did not deny that he bought the liquor but was not clear on the license.  Creedon asked Smith if he went to court.  Smith indicated no.  Creedon spoke of the first alleged sale to the minor and asked if he knew the outcome of the court appearance and the purpose of identifying the clerk who allegedly sold the wine.  Smith noted that through a coworker, he was aware that EPD may have been interested in the information.  Smith noted that this investigation was not at the store.  He noted Stonehill’s policy to deal with situations within their jurisdiction, etc. Creedon asked Smith to explain a Jr. license vs. a valid license to purchase liquor.  Smith explained the Jr. license requirement.  Langsam objected to this question at this time.  Creedon noted the condition of the VT license and asked Smith if it were possible that someone may not have realized the license was invalid.  Smith spoke of the fact that if the clerk was on the ball, they would have realized.  Langsam asked Smith if Bonci was asked if he had other id’s.  Smith noted that he did not produce any other license other than the VT one.  Langsam asked Smith if he saw Bonci leave the Highway Package Store.  Smith stated yes.   Creedon asked about consequences, sanctions, for Bonci.  Smith was not sure what happened.  Creedon asked if the minor’s parents were notified.  Smith was not sure. 

Corona asked if the EPD followed up on this incident.  Smith noted that he spoke with the EPD Sgt. Ferretti and Officer Brophy.  Marsan asked Smith about the incident and how much time had passed before he pulled in behind the minors at Highway Package Store.  Smith replied about one or two minutes.  Marsan asked how long they were in the store.  Smith explained that within 4-5 minutes they were at the store and had purchased the liquor.  Creedon asked if the Stonehill students would have been followed if they went to W. Bridgewater.  Smith replied no.  Creedon introduced clerk Danielle Goldsmith to the witness stand.   Goldsmith introduced herself and noted that she lives in Bridgewater.  She noted that she worked for Correia in November 2003.   She was not working alone that evening, Mr. Correia was there.  Creedon noted that there has been testimony that she accepted the VT license as a valid form of ID.  He asked her to explain the procedure for carding individuals at Highway Package Store.  She explained that only MA licenses are accepted.  Creedon referred to the Bonci’s testimony of the 19-20 year old who gave the license and if she had ever accepted a VT license.  Goldsmith was not familiar with that issue and noted that Mr. Correia is at the store at all times.  Creedon asked if the EPD had come in to investigate the July incident.  She indicated that they had not.  Creedon asked if the EPD investigated the Stonehill College student incident from November.  Goldsmith was not sure and indicated that she has never taken anything other than a MA license as a valid form of ID.  Langsam asked what hours Goldsmith worked that day.  She indicated that she worked 5-10pm each Friday for about 9 months.  Langsam asked her age.  Goldsmith noted 22.  Langsam asked about the training received when she started working.  Goldsmith indicated that Correia did give her training specifically on only accepting MA licenses, especially if they look under 26.  Correia observed Goldsmith the first night of work.  Langsam asked what would happen if someone looked over 26.  Goldsmith noted that she would let them buy. Langsam asked if she was aware that she could take military ID or passport.  Goldsmith was not aware.  Langsam asked her duties.  She noted the cash register and stocking inventory.  Langsam asked her duties that night and if she left the premises at all during her shift.  She noted that she was unaware of leaving that night.  Langsam showed Goldsmith the VT license.  Goldsmith noted that she has never seen the ID and does not recognize the picture.  Creedon asked about her wages.  She noted an hourly wage, no commission for sales.  Langsam asked if she would remember someone coming in that night buying a 30 pack of beer and a bottle of vodka.  She did not remember. Langsam asked how many people come into the store on an average night.  She guessed at approximately 30 but noted that the flow is not consistent.  Langsam asked if they get a lot of Stonehill students. She replied yes. Langsam asked how she knew.  Goldsmith acknowledged that she has conversations with them.  Marsan asked if she always works with Correia during her shifts.  Goldsmith noted that sometimes she works with others.  Marsan asked about this particular night if it was just Correia and she.  She was not sure but would guess that.  Marsan asked if Correia stepped out for dinner, could she have been alone.  Goldsmith replied yes.  Marsan asked about her ID training and the MA license.  She explained.  Marsan asked if there have been incidents where other ID’s were shown and if she questioned the owner.  Goldsmith remembers one incident and it was a MA ID. She did not believe that she took the ID or sold the alcohol.  Goodwin asked if there are signs posted only taking MA license.  Goldsmith replied yes.  Goodwin asked about other students if they try to use other forms.  Goldsmith replied yes.  Goodwin asked about a standard response.  She explained that they do not accept the other forms of ID and apologize that they cannot accept it.  Haederle asked for clarification on the ID Bonci used and if she remembered seeing him.  The board viewed the picture at this point of the meeting.  Haederle asked Smith when he stopped Bonci and what he was carrying.  Smith noted that when he exited the store, he was carrying the 30 pack of beer and a paper bag with the vodka.  When he exited the vehicle at Stonehill, he had nothing in his hands at all.  The other minors had it.  Haederle asked if there was a receipt in the bag. Smith was not aware of a receipt.  Goodwin asked about the look of the price tags on the Highway Package Store liquor.  Goldsmith indicated orange.  Smith did not remember the price tags.  At this point, Creedon asked Correia to identify himself and his occupation.  Correia introduced himself and referred to his business, Highway Package Store, a family owned business for over 50 years and over 31 years without violations.  Creedon asked about the day in question if he recalled seeing Bonci and if he ever saw the license.  Correia had never seen the individual or the license.  Creedon asked about the location of the store and the proximity to Stonehill College.  Correia noted that the students try to buy.  The signs are posted re: ID’s and if they have an alcohol card, they need two other forms of ID.  These are not seen often.  Correia is aware of the military ID and the passport but noted he rarely sees these as forms of ID.  He takes nothing other than a MA ID.  Creedon asked about the Jr. ID and if he accepts it.  Correia indicated no.  Creedon asked if EPD or Stonehill asked whether or not he sold to this person on this date.  Correia indicated no.  Langsam asked about training and what it consists of.  Correia explained his policy of checking ID’s.  Correia indicated that he asks them to card everyone that looks 30 or under.  Langsam noted that this information indicated something different than what Goldsmith previously implied.

Creedon called another witness, Highway Package Store Clerk Tom Skinner.

Skinner introduced himself and noted that he has over 30 years of employment in this type of business.       Creedon specifically asked about carding college kids and what ID is acceptable.  Skinner indicated that MA licenses are accepted only, others are not accepted.  Signage is posted on the doors when you come in.  Creedon asked about his experience with minors and if there is more than one ID in their wallet.  Skinner acknowledged that you could find more than two ID’s for one person.  Corona asked if he was working that night.  Skinner indicated that he was not working that evening.  Corona asked if Goldsmith could have been there alone that night.  Skinner replied yes.  Marsan asked about his experience.  Skinner explained his experience as a bartender and the criteria used for the ID check.  Marsan asked if he ever accepted anything other than a MA license.  Skinner replied no. 

Creedon noted the two allegations in front of the board this evening.  Creedon suggested it is very rare or unusual that the minors are not present to testify.  Creedon also noted for the record that Mr. Correia’s family has been at that location for years and these two things happened over a period of months.  He noted that the first case went to court and the minor could not identify the individual.   Creedon did not feel that based on that information, any of the allegations were credible.  Creedon is asking that the board find no violations on the sale to minor.  Creedon spoke of the second violation and Officer Smith’s testimony.  Creedon noted that  Mr. Bonci was not here this evening to testify under oath and Officer Smith admitted that no sales clerk would take the out of state ID if they were on the ball.  Creedon indicated that he doesn’t deny that Bonci bought the alcohol but questions what ID was shown.  Experience shows that all the kids have multiple ID’s.  Creedon felt that this is all “hear say” and nobody saw this purchase.  Both key witnesses were not present and the ID’s may or may not have been shown.  Creedon did not see management flaws and suggested that Correia’s record speaks for itself.  Correia asked that based on lack of substantial or reasonable proof that the board find Mr. Correia not in violation on either case.  Langsam disagreed and noted that it is not unreasonable for the minors to come and testify; sometimes it is their parents.  Langsam disagreed with Creedon’s philosophy and noted that it is unusual that the minor come in and testimony.  Langsam spoke of the police officers and the fact that they really have no interest either way and are here to serve the community.  Langsam spoke of the ABCC and how they allow “hear say.  Langsam suggested that on the first case, Officer Brophy visited the 16 year old and took testimony and the mother was present.    Langsam suggested that on the second case, the individual most likely looked 21, but appeared that the law was not clearly explained to Goldsmith and she may have been left alone at the store during the time that the sale took place.  Langsam expressed concern with the type of management at Highway Package Store.  Langsam referred to the first allegation and noted that the juvenile may not have looked closely at the manager at the time he purchased the wine.  The clerk had a hat on at the time of purchase and may have looked different than at the court appearance.  Langsam spoke of second incident and the fact that Goldsmith stated that unless the purchases looked 26, they would not have checked for the ID.  She may not have looked closely.  After talking to Smith, Bonci admitted the fake ID and acknowledged that he did have a MA license also.  Langsam noted that we must give credence and credibility of the officers involved.  Langsam felt that there were most likely violations here and the staff may not have been trained as thoroughly as they should have been.  Marsan asked if Langsam could state what the standard should be in finding a violation.  Langsam noted that if the board finds substantial evidence, giving weight to witnesses, you would want to give some consideration to this being a first time offense and the fact that you would want to send a message.  A letter of reprimand or suspension of 5 days could be suggested as a reasonable course of action for the board.  Creedon noted the City of Brockton’s policy and the EPD and suggested that the EPD follow through with these issues and in the future, have the witnesses come to hearings.  Goodwin asked what the law says when the owner shows fake id then shows the out of state, etc.  It was noted that only a VT license was shown. 

Haederle asked about the first incident and why the board is hearing the case if it was thrown out of court. 

Officer Fuller spoke of the court incident and the minor picked out the wrong person out of the group.  Langsam asked about attire of the pool of people to choose from the day of the hearing.  Fuller noted that the pool of people were not allowed to wear hats in the courtroom that day and the difficulty of picking out the defendant if they were not familiar with seeing that person without a hat.  Haederle spoke of the second incident and the issue of ID.  Haederle felt a revocation would be strong, given the evidence this evening.  Marsan noted the difficulty on these matters.  Marsan noted that the board would need to decide if substantial evidence has been provided.   Marsan spoke of the EPD and the circumstances on how these incidents occurred.  Marsan noted the difficulty and the gaps here.  Marsan feels that the gaps are critical.  Marsan feels lack of evidence is the issues her, not lack of diligence.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to dismiss allegation #1 – sale to minor, finding no violations. 

On Goodwin’s motion, seconded by Haederle, the board voted 3-1 to dismiss allegation #2, sale to minor allowing out of state id due, finding no violation.  Corona opposed.

Goodwin asked Correia to mandate more effective training on annual or semi-annual basis as a condition on the license.   The hearing adjourned at 9:30pm. 

 

The board took a brief recess and reconvened at 9:45pm.

 

Update re:  Class II License Renewal for A&K Auto Sales, Inc.

Marsan noted that the outstanding issue relating to workers compensation is resolved.  No action is necessary.  White noted the staff time involved when dealing with license requirements. 

 

Temporary Sign Permit/Fee Waiver Request – Lions Club

On Corona’s motion, seconded by Haederle, the board voted unanimously to approve the temporary sign/fee waiver request for the annual auction in accordance with the board’s temporary sign policy. 

 

Temporary Sign Permit/Fee Waiver Request – Easton Women of Today

On Corona’s motion, seconded by Haederle, the board voted unanimously to approve the temporary sign/fee waiver request for the annual skating day in accordance with the board’s temporary sign policy. 

                               

Discuss Proposed Amendment to Temporary Sign Policy

The board discussed the attached draft amended temporary sign policy. 

On Goodwin’s motion, seconded by Corona, the board voted unanimously to adopt the amended temporary sign policy to be effective immediately. 

 

Award of Contract for Kennel Services & Facilities

White referred to the proposed contract to the low bidder J.M. KJ-9 Trainer of Brockton.

On Haederle’s motion, seconded by Corona, the board voted unanimously to approve the contract to J.M. K-9 Training of Brockton as recommended by the Town Administrator, Acting Police Chief and the Animal Control Officer.

 

Ambulance Bill Abatement Requests

Two abatement requests were reviewed by the board.  

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to approve the two abatements requests as submitted by the Fire Chief for a total amount of $1,019.35. 

 

FY’05 Budget

White referred to the attached memo dated 1/28/04. 

Financial Management Principles - White spoke of the Financial Management Principles and the hope of having the board adopt this as one of their policies.  Goodwin asked for clarification of implementation of principles.  Goodwin noted that this is part of the Selectmen’s handbook to coordinate efforts with Finance Committee, etc.  White will re-word the proposal for the board’s review. 

Goodwin spoke of the principles and noted that this is the first time that they have been memorialized in and outline of this type.  White was complimented for her work.

Preliminary Revenue Projections – White spoke of the Governor’s budget and noted the anticipated changes.  We are looking at a $1.3 million increase in revenue and more on the expenditure side, i.e. pension and health insurance increases.  Goodwin asked about money the town will get as reimbursement for the storm.  White indicated that the DPW Director attended the meeting next week and we will be seeking the maximum amount.

Operationally Effective Budgets – White explained what she will be asking the department heads for to provide an adequate department.     White feels that this is crucial to demonstrate the need at the annual town meeting.

 

White spoke of the need to coordinate another budget subcommittee meeting noting that the date of 2/13 conflicts with Goodwin’s schedule.  Marsan noted the difficulty of having another Selectmen step in for one meeting without full knowledge of the subsequent subcommittee meetings.   Marsan confirmed his presence if the meeting is held on February 13th as proposed.

 

Discussion re:  Charter Changes

Marsan spoke of the charter changes. 

HRB Board – Change in Personnel Bylaw - White noted that the charter change approved at the last STM has been sent to the Attorney General’s Office.  It has been sent in a timely manner.  White will be sending a memo out to all departments outlining the procedure for changing charters.   Marsan spoke of the language needed to submit to the Town Clerk at least 35 days prior to the election.  This will be reviewed at the Selectmen’s Meeting on 2/23.  White noted that a copy will need to be mailed to every household.  The Town Clerk is looking into process and cost. 

 

Residency Requirement Charter Change – White noted the flawed procedure done in the past.   White spoke of the possible remedies to fix the problem.    Marsan suggested that this be discussed also on 2/23.  Haederle asked why Town Counsel did not find this issue last spring when the change was approved.  White referred to memos from Town Counsel and explained the confusion and noted that there is some amount of debate between municipal attorneys and state officials.  Corona asked for an upcoming agenda item to discuss various issues with Town Counsel.  The board discussed the process which would take place to have them come in.  Corona has some concerns with our current counsel.  Marsan noted that he and Haederle were going to meet with Counsel over various issues and schedules have not allowed the meeting to take place.  Haederle would like a clear idea on what will come out of the meeting with Town Counsel.  Marsan agreed that the board should decide now what we want to do and how to do it.  Haederle spoke of the performance related issues and the possibility that it may be discussed in Executive Session.  Goodwin agreed that we need to have a specific discussion discussing what types of materials which will need to be discussed.  Corona felt that these are big issues. 

The board proposed March 22nd as the date to hold the discussion with hopes of Brackett & Lucas being present.  White will solicit any issues from other departments. 

 

Recreation Commission Member Resignation – Steve Torrey

Marsan referred to Torrey’s resignation. 

On Marsan’s motion, seconded by Corona, the board voted unanimously to accept with regret Torrey’s resignation and send a certificate of appreciation. 

 

Request from Self Help Inc., for Participation on Board of Directors

White referred to the attached request from Self Help.   Self Help needs one representative to serve for  Easton, Sharon and Mansfield.  White questioned if the board wanted to serve or know of someone. They do not need to be a public official to serve.  Marsan suggested an article can be put in the newspaper.  The Enterprise correspondent is willing to put a story in the paper.  Corona will look into what the commitments would be.   

 

Approval of Contract with VHB Engineering for 5-Corners Master Plan

White noted that counsel will be making amendments and will be modified for the board’s review next Monday 2/9/04.   

The board asked about paragraphs 13 and 14.  White will check with counsel.                                      

               

Town Administrator’s Notes

None

 

Press Notes

None

 

Selectmen’s Notes

Marsan announced that DPW Employee Kenneth Martin will be retiring after 34 years of service as a laborer of the DPW.  The Board extended well wishes. 

Marsan announced an upcoming event to be held at the Covenant Congregational Church on 2/11 at 7:30pm.  An evening is designated to discussing men’s commitments to resolve domestic violence against women.

 

Goodwin reminded White about the joint collaboration with Norton & Mansfield involving the Town Administrators.  White suggested working with them after the budget season, sometime in June.  Haederle agreed to represent the Selectmen in this regard.    

 

On Corona’s motion, seconded by Haederle, the board voted unanimously to adjourn at 10:40pm.

 

 

Respectfully submitted,

 

Mary McCarthy

 

 

                                                                                                _________________________________________

                                                                                                Approved

 

 

                                                                                                _________________________________________

                                                                                                Date