Selectmen’s Meeting Minutes
March 8, 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 Jeffrey Tufts, Carla
Goodwin, Colleen Corona and Town Administrator Martha White. John Haederle was not present. (7:15pm)
Public Participation
Tana Babbitt of 142 Massapoag Ave
spoke on behalf of Easton Girls Recreational Softball League. She referred to
the current loss of field issue and asked that she be notified of any other
discussion that take place as the future as the league would like to be
involved. Marsan explained Haederle’s
role in working with the various groups and noted that she would be added the
list of groups to be notified in the future.
Council on Aging
Candidate Interviews – Denise Higgins
& Carl Palm
Denise Higgins
Marsan referred to her letter of interest. Higgins explained her intent to become part
of a board in the Town of Easton. Higgins expressed the strong need for a
senior center and also expressed concern for the town elders and the issues they are facing
with overrides, etc. Higgins suggested a
greater form of cohesion necessary. Higgins spoke of her strengths; leadership,
organization, knowledge of town civics, energy and also her involvement with
other town officials. Goodwin noted Higgins’
energy level and asked about her participation in other town organizations.
Goodwin specifically referred to her “team” experiences. Higgins referred to the group called APPLE, which
addressed issues at the Oliver Ames High School (OAHS) and Easton Junior High
School (EJHS). Higgins also noted her
recent involvement with STEPS. During the process of gathering support for
the school additions, Higgins realized that the elderly population was not part
of this process. Corona asked about ideas of tying together
youth and the elderly. Higgins spoke of
her experience in Mystic Ct
and the great ideas they have incorporating youth and elderly. Higgins suggested starting at ground level
and working up. Higgins closed by noting
the recourses and contributions that the elderly have to offer to the community
.
Carl Palm
Palm spoke of his lifelong residency in the town. Palm spoke of his desire to help the
elderly. Palm’s feeling is that the seniors
have been put aside. Palm expressed
interest in giving his energy and time back to the elderly community. Corona
asked about experience with other boards, etc.
Palm noted his involvement with the town parades and the Knights of Columbus. Palm
noted his comfort level with the seniors and his help with them at his local
garage and the good feeling that comes with that.
The board spoke of the two candidates.
The board voted the
following roll-call motion (2-2).
Tufts-Palm, Goodwin-Higgins,
Corona-Higgins, Marsan-Palm.
The item will be tabled to the next meeting when a full
board is available.
Common Victuallers Application – Valentines Donuts, Inc.
– 501 Foundry St.
Mr. Arthur Jewett of Foxboro Massachusetts
and Manager Angelo Teixeira were present.
Marsan noted that the outstanding taxes on the property are
not applicable to the current applicant.
The Board of Health comment indicted that updated information is still
needed on the new permits. Texeira acknowledged
that he has made new application with the Board of Health. A workers compensation affidavit was
submitted and it was noted that the insurance binder is still required before
the license can be issued.
On Marsan’s motion,
seconded by Corona,
the board voted unanimously to
approve the new common victualler license subject to the Board of Health and
the insurance binder issues being resolved.
Bond Sale for
Capital Items
Collector Treasurer John Nunes was present and explained the
requirement of the bond sale as required by Counsel. Nunes referred to the attached memo.
White noted that the board is approving the maximum useful
life not so much the bond.
On Tufts’ motion,
seconded by Goodwin, the board voted
unanimously that the maximum useful life of the departmental equipment
listed below to be financed with the proceeds of the $620,000 borrowing
authorized by the vote of the Town passed June 9, 2003 (Article 16) is hereby
determined pursuant to G.L. c. 44, §7(9) to be as follows:
Police – 4 Cruisers $140,000 Maximum Useful Life 5 years
Fire – Pumper Truck $350,000 Maximum Useful Life 15 years
Fire – Ambulance $130,000 Maximum Useful Life 5 years
Easton Country Estates Third Amendment to the Regulatory Agreement
White referred to the third amendment to the regulatory
agreement and declaration of restrictive covenants for comprehensive permit
ownership project. (see attached
agreement) White indicated that Counsel
has drafted the amendment only showing the May Institute lot switch as proposed
(Lot 3 in lieu of Lot 23) in the
proposal. After much discussion, the
consensus of the board was to support the amendment as proposed.
White indicated that the next step in the process is for the
ZBA to decide if the change is substantial or not. The document will not executed until the ZBA
makes a determination on the issue.
On Corona’s motion,
seconded by Tufts, the board voted
unanimously to adjourn as Selectmen and act as Water Commissioners (7:40pm).
Continuation of
Water Commissioner’s Hearing – Diane Howard
Diane Howard and Howard Uranius of 14
Eishenhower Drive were present. DPW Director Wayne
Southworth and Water Superintendent Jack Marsh were also present.
Marsan referred to the original hearing with respect to her
property at 14 Eisenhower Drive.
Howard read the attached letter dated 3/3/04.
Goodwin questioned the period of time when the water usage
when she was notified. Howard noted the
bill date of 10/1/02. Goodwin asked when she notified Water Department. Howard noted that upon receipt of the bill
she notified the department right away and she asked that they check the
meter. Goodwin asked what the length of
time it was before they checked the meter.
Howard noted that they checked it on 11/15/02. Goodwin
asked for the reason for the time lapse.
Howard noted that they couldn’t get out right away but she did contact
them right away. Tufts noted the billing
date of 10/10/02. Howard referred to the billing date. Goodwin asked when the new meter was put in
place. Howard noted on 11/15/02
the Water Department put the new meter in and the meter was taken out the very
same day. Marsh spoke of the original
testing and the independent meter testing.
Howard referred to other correspondence she had recently submitted.
Marsan asked Marsh/Southworth about the accuracy of the
information relative to time frame.
Marsh explained the difference of opinion on the request for the
department to come out. Marsan asked
about the new meter and if it was the same or an upgraded one. Marsh noted the base is the same but the
reading is different, the new one is radio read instead of manual. Marsh noted that they were in a program of
changing meters in that area at that time.
Corona asked Marsh about the
reading on 10/9/02,
approximately down to about 975 gallons per day. Corona
asked about the trees planted in that area during this period. Corona
asked if there were any other homes in that area of construction with similar problems. Southworth indicated that he knew of no other
issues in that area and further noted that he has never had vibration been an
issue with a meter. Marsan again
questioned the meter readings. Marsh
noted that she requested the visit on 10/18/02
and Howard’s first available date for the department to come in was 11/15/02. Marsh also referred to the Badger Meter
report. Howard indicated that in October
she was gone for 10 days and again in the beginning of November. During the high reading period, there were 20
days that the home was not occupied by both parties. Howard suggested that the water usage should
have been less during that period. She
acknowledged that she was not home much during that period causing the delay in
having them come in to check the meter.
Tufts asked Marsh about the 11/15/02
service call. Marsh explained that the
two technicians came out and did not find the leaks, the meter was changed and
the old one was tested at Howard’s request.
It came back fine and an independent test was also done and came back
with the same results. Tufts asked about
the process and how the meter can only move with water in the chamber. Marsh confirmed. Tufts questioned how the needle could have
been calibrated forward. Tufts also questioned
why other homes in the area did not have a similar problem. Tufts noted Howard’s previous summer billing period
and the jump in usage during those months.
Tufts suggested a leaky hose could have caused the problem. Tufts also noted that a toilet could have
been leaking. Howard noted that the Water Department checked the toilet and
found no leak. Howard disputed the
information. She claimed that the usage
did not go down after she received the bill.
Howard disputed the fact that there was a leak. Howard reiterated that she does not have a pool
or in-ground sprinkler in the 7 room ranch.
Howard referred to the facts as submitted. Tufts noted that he knows how meters work and
it cannot be the case that the meter malfunctioned. Marsan summarized the problem and the high
water bill. Marsan suggested that the Water
Department follows a protocol. Marsan
further stated that the Water Department tells us that the meter has a high
level of integrity and the meter was checked twice. After the initial bill and the new meter it
was still reading higher than usual.
Marsan referred to the history of the department, the staff and the
Badger Company and the information they have received. Goodwin noted the compelling argument but reiterated
that the meter only moves forward with water flowing through it. Goodwin suggested that the research and the
facts suggests that the meters are accurate.
Goodwin noted the degree of consistency with these issues. Howard expressed frustration with the fact
that the meter could have broken.
Goodwin questioned the sprinkler use during that period.
The board discussed at great length with Howard the water
usage.
Goodwin motioned
to deny the appeal based on the fact that the water was used and leaks were undetected
is at the expense of the owner. Tufts seconded the motion. Howard replied that there is no justice to
the citizens of Easton and feels
that the board is forcing her to take this matter further. Marsan explained that the board continued the
hearing to gather more information.
Marsan noted that lots of people experience high water bills and the reason
that the department has a protocol to follow.
Marsan referred to the expert testimony based on the meter and the
protocol. The board voted unanimously on the motion.
Goodwin motioned to
request that Howard work with White and Southworth on any new information that
may come up. Howard noted that the bill
has already been paid. There was no second to the motion.
On Tufts’ motion,
seconded by Goodwin, the board voted
unanimously to adjourn as Water Commissioners and reconvene as
Selectmen. ( 8:30pm)
Request from W. Bridgewater to Participate in Special Legislation re:
Southeastern Regional School Assessment Formula
White referred to
her memo and the Town of W. Bridgewater seeking changes to the allocation to the Southeastern Regional School and the voting procedure. White spoke in favor of this effort to change
the current system.
On Tufts’ motion, seconded by Marsan, the board voted unanimously to support
the change in the legislation.
Annual Town
Meeting (ATM)– Warrant Opening & Closing Dates
White noted that the
ATM is scheduled for 5/17/04. White recommended that the board open the warrant and have it
close on Friday, 4/2/04 at noon.
Tufts advocated that the board set a date that it must be in written
form, as saving space for the warrant invites procrastination. White noted that the Planning Board is
holding hearings late April for town warrant articles. White suggested that the articles will be in
good form by 4/2. Goodwin referred to
the subcommittee meeting and the request for an upcoming warrant article. This will be discussed at the next budget
subcommittee meeting.
On Tufts’ motion, seconded by Corona, the board voted unanimously to open
the ATM warrant and close it on 4/2/04 at noon.
Discussion of
Charter Change Ballot Question
White referred to
the attached memo regarding the charter change ballot question, specifically
the wording to be used. Corona suggested that the Assistant Attorney
General would be willing to look at future charter changes. White indicated that Counsel proposed the
first proposal. It was noted that he
second set of wording was not reviewed by Counsel as it is was not necessary as
it is descriptive only. The board
discussed the current proposed wording.
On Corona’s motion, seconded by Tufts, the board voted unanimously to
accept the first set of wording, splitting it up into paragraphs.
White noted that she
is working on the cost of postcard mailings to every residence.
Historical
Commission Appointment
On Corona’s motion, seconded by Tufts, the board voted unanimously by roll-call
to appoint Karen Cacciapuoti to the Historical Commission, fulfilling the
unexpired term of 6/30/06.
Corona
– Cacciapuoti, Tufts – Cacciapuoti, Marsan – Cacciapuoti, Goodwin –
Cacciapuoti.
Resignation from
Wastewater Management Study Committee (Mary Ellen Radavanic)
On Tufts’ motion, seconded by Corona, the board voted unanimously to accept
with regret the resignation of Radavanic.
A certificate of appreciation will be issued.
Request from
Habitat for Humanity for Letter of Support
White referred to the draft letter of support for South
Shore Habitat for Humanity (see attached).
On Corona’s motion,
seconded by Marsan, the board voted
unanimously to endorse the letter of support as drafted.
Town Administrator’s Notes
White updated on the current status of projects budget and the
upcoming ATM. White noted other pending
issues; three 40b applications, Easton Country Estates, collective bargaining
with 5 units, organizing the Land Use and Permitting Departments, Wastewater Study
Committee issues, stormwater project, 5
corners master plan project, library and Memorial Cairn projects, sale of the
former NEG school and the additions to the high school and junior high school
projects. White noted the staffing
shortages in her office and the constraints that these present in dealing with
every day issues and the challenge faced each day. The office is 50% staffed compared to 1 year
ago. Marsan also acknowledged the need
to focus on budget and the difficulty with keeping on top of these
projects. Marsan referred to the loss of
the Assistant Town Administrator and the fact that the public must know that
the restraints are real and the difficulty moving forward with the issues. Marsan suggested that the routine business of the day is sometimes overwhelming and
that it become difficult to have new vision or even think along those lines,
especially when you are just responding to the issues. Marsan spoke of the DPW and other departments
dealing with these types of issues and the expectations of the taxpayers.
Press Notes
Bill Curtin of the Easton Bulletin asked for clarification
of the amendment to the Easton Country Estates regulatory agreement.
On Haederle’s motion,
seconded by Corona, the board voted
unanimously to adjourn at 9:20pm
Respectfully submitted,
Mary McCarthy
_________________________________________
Approved
_________________________________________
Date