SELECTMEN'S MEETING MINUTES

MAY 24, 1999

The Board of Selectmen met this evening with Chairman Jeffrey Tufts presiding. In attendance were William Hardin, Frederick Clark, Patricia Webster and Town Adm. Kevin Paicos. Selectman Goodwin absent.

PROCLAMATION - RETIREMENT OF REVERAND HOLLY BELL

Tufts made a brief comment on the Celebration.

FIREFIGHTER SERVICE AWARDS

Postponed.

MASSACHUSETTS PUBLIC WATER SYSTEM AWARDS

Wayne Southworth in attendance.

Paicos gave a brief explanation of the two awards the Water Department received. Paicos and the entire Board of Selectmen commended Southworth and his employees for their efforts and accomplishments.

Southworth commended his entire staff for their efforts and hard work.

POLE PETITION - BAY ROAD

On Clark's motion, seconded by Hardin, the Board voted unanimously to approve Pole Petition 99-17 on Bay Road, subject to the usual conditions.

DISCUSSION RE: ADEQUACY OF POLLING PLACES

Jan Linehan, B. McAndrews in attendance.

Hardin noted there were some problems at the Congregational Church that was used for the past election. Hardin noted it isn't handicap accessible and the parking was not an improvement from the K of C. Hardin noted the Church had 51 marked parking spaces and K of C has 104. The Church has an additional 40 unmarked spaces and K of C has 20. Hardin noted he would rather return to the K of C and establish a budget line for the expense. Linehan noted she would need to re-negotiate with the K of C. Tufts noted that we might need to spread the voting to three polling places and not just two. Linehan noted the Church is preparing to repave the parking lot and has a handicap accessible entrance/door that could be used in the future. Linehan noted the Church is willing to work with the Town. B. McAndrews suggested a polling place at Parker Terrace to assist the elderly in voting. Paicos noted he could work with Linehan and research possibilities in the future and will report back to the Board.

On Hardin's motion, seconded by Webster the Board voted unanimously to have the Town Clerk and Town Administrator research this and make a recommendation to the Board.

DISCUSSION RE: RECENT BOND ISSUE

Cynthia Curry in attendance.

Webster noted her motion at the ATM meeting was to approve the Bond already sold but she wanted clarification and a copy of Bond Counsel's opinion on the Library spending. Webster noted she received the letter from Bond Counsel and asked Curry for an explanation of the bonds that were approved that night. Curry noted that at the ATM meeting it was a BAN (Bond Anticipation Note) that was approved, and gave a brief explanation.

No action taken.

ACCEPT RECREATION COMMISSION RESIGNATION - STEPHANIE COOSE

On Hardin's motion, seconded by Webster, the Board voted unanimously to accept with regret, the resignation of Stephanie Coose and to send a Certificate of Appreciation for her years of service.

ANTI-DOMESTIC VIOLENCE POLICY

It was agreed to hold this item until a full Board was present.

TOWN ADM'S NOTES

None

At this point in the meeting on Webster's motion, seconded by Clark, the Board voted unanimously to take under emergency conditions a pass for Landfill.

Tufts gave a brief explanation of an idea he came up with for a one month pass with a pro-rated cost for people to be able to take advantage of the remaining time the landfill will be open. Tufts noted there is still space available at the landfill. Paicos noted he thought it was a good idea and that a fee of $10-$15 for the one month would be in order.

Hardin noted he would want the DPW's recommendation on this before going forward. Clark questioned if this is for single family homes only and Tufts stated yes.

On Clark's motion, seconded by Webster, the Board voted unanimously to approve a one-month landfill sticker for $20.00, subject to DPW approval.

SELECTMEN'S NOTES

Hardin noted that the Memorial Day Parade will take place on 5/31/99, and encouraged all to attend.

Clark asked to see a recent letter RE: DPW grievance settlement. Paicos noted he would put a copy in the I&N.

Webster noting the letter from the Wastewater Management Study Committee RE: requests for materials, questioned the status. Paicos gave a brief explanation of the status to date.

DISCUSSION RE: COMPLETION OF EASTON COUNTRY ESTATES

B. Kates, B. Pearson, S. Bamford, J. Horan in attendance.

Paicos gave a brief update of the meeting held a few weeks ago with residents. Paicos noted there has been no progress made since last year's meeting either on private property or the public roadways, drainage, etc. He noted that DHCD stated interest recently in including private property damages in the lawsuit they are contemplating. Paicos noted that certified letters were sent to the entire neighborhood and that he has received a folder full of responses RE: deficiencies. He noted that DHCD called again and stated they are ready to enlist the Attorney General's office to figure a strategy to get these deficiencies resolved, and they want to know what the Town intends on doing. Paicos noted that DHCD is disturbed by the volume of deficiencies by the homeowners as well as the fact that the affordable units are not completed. Paicos stated he needs to know how the Board wants to proceed with the information collected because the State wants a joint action by DHCD and the Town of Easton.

Clark asked if Paicos has anything in writing from DHCD. Paicos noted just 6 phone calls.

Clark noted that the homeowner complaints are separate from the project. Paicos noted that DHCD has shifted their position and they now want to try to incorporate private property in the suit on the entire project. Paicos noted that is why he has formally solicited each homeowner by certified mail. Clark noted that the Board is in the midst of a lawsuit and he wants to consult his lawyer and doesn't want this brought up during the other lawsuit. Clark noted he wants to consult his personal lawyer prior to discussing this any further. Tufts noted that we can't stop the process of the Town because someone sues us and we need to continue the Town's business. Tufts noted that the only way to act is in conjunction with the State, and he wants Attorney Hamilton's opinion. Paicos noted he could get all the lawyers together and have Attorney Hamilton give them his opinion in the joint lawsuit with the State at this time.

Webster noting the inspection report on 10/13/98 listing roadway deficiencies stated that the street construction issues have been corrected; the drainage repairs have been made; some streetlights have been installed. Webster noted she wants all the information received from residents sent to the Board of Selectmen, the Developer and DHCD. Webster asked that we solicit advice from Attorney Hamilton also. Webster noted we should solicit the intentions of the Developer.

MAY 24, 1999

Webster's motion, seconded by Clark, to 1) send neighborhood input to our Attorney and request advice on how to proceed on the compliance issues and the situation in general; 2) information received to the Developer and ask the Developer what his intentions are for completion of the project; 3) Send DHCD the information received and ask DHCD what their position is on the deficiencies and what are they requesting from us; 4) copy of the information receivedbe given to the Board of Selectmen, was not voted at this time.

Paicos noted the input received will need to be compiled by a lawyer and put in a report form and will probably take 3-4 weeks. Paicos noted he would then need to meet with DHCD and would not have a recommendation for the Board for another 5 weeks approx. Paicos noted he has already sent, through our Attorney, several letters to the Developer and we haven't received any response whatsoever. Hardin noted the residents have suffered long and need relief soon. Hardin noted he doesn't want to wait to put together a report before contacting DHCD and stating that we're prepared to move on this.

Tufts suggested contacting Hamilton tomorrow and let him know this information will follow ASAP.

Vote on the motion was unanimous.

Hardin asked that Hamilton meet with DHCD as expeditiously as possible to talk about the strategy of going forward prior to receiving the compiled report of the residents' complaints.

Webster noted she wants something in black and white that DHCD is willing to move forward. Hardin noted he wants our Attorney and DHCD to get together now and decide how they will proceed once the information is compiled.

Hardin's motion, seconded by Tufts, to have Kevin Paicos, Joseph Hamilton and DHCD get together soon to establish the strategy on how to proceed, was not voted at this time.

Clark noted he is not ready to go forward with a lawsuit at this time. Paicos noted there is no great mystery here, we have a situation that is outrageous, and have sent repeated letters to the Developer with no replies. Paicos noted he couldn't say if legal action is allowed to pursue the private claims, but there is no ambiguity that there is a need to pursue legal action for enforcement on the deficiencies of the roadways, drainage, streetlights, etc. Paicos noted he would love to have a statement of intent that the Town is willing to go forward with DHCD.

Vote on the motion did not pass with a 2-2 vote. Clark, Webster opposed.

Tufts noted that he will schedule a meeting with the full Board present on this issue as soon as possible. Hardin gave a brief explanation of the upcoming legislation that is proposed on LIP guidelines for future projects. Clark noted that this is industrial land and suggested the residents get together and put together an STM Petition to get the land rezoned from industrial to residential. B. Kates noted the LIP guidelines currently are vague and allowed Welch to get this project. She noted they have a good industrial neighbor who put in a drain to try to help out. She noted the Builder took the money and ran and doesn't want to know about any problems now. Kates asked the Board to please act fast. Tufts again stated he will schedule a meeting ASAP to discuss this with a full Board.

Paicos questioned if Clark meant the industrial land that is behind the current LIP project that is currently undeveloped. Clark noted he is only proposing change for the LIP land. Paicos stated that it would then allow the Developer to build more houses on the undeveloped land if the residents changed it to residential.

A resident asked that the Board make an impact now.

Webster noted that in October it was stated that deficiencies would be put into report form and she received nothing. She also noted that there is nothing from DHCD in writing and she doesn't want to move forward without information necessary on the legal issues involved. B. Pearson of Kevin's Way noted that he has listened to everyone and the Board keeps having meetings and the residents have to listen. Pearson noted that kids in that neighborhood can't go to school on the school bus because the water is too high. He noted he is asking the Selectmen to do something. Pearson noted he is 68 and is tired of all of this.

S. Bamford asked that the Board not wait on DHCD, but rather be proactive and find out what they want from the Town. He asked the Board to send DHCD a letter stating our intentions and that they may go forward with us on this issue. Hardin noted his motion stated the same but it can't go forward with a 2-2 vote.

MAY 24, 1999

J. Horan noted that all the repairs that a Selectman referred to that were done by the Developer are already crumbling and falling apart. They weren't substantive repairs and they were done poorly. He noted his son has fallen twice and torn up his knee due to the inadequate repairs done by the Developer. He noted he would hold the Town liable for the personal damages his son has experienced.

At this point in the meeting, on Clark's motion, seconded by Hardin, the Board voted unanimously at 8:20PM to adjourn.

APPROVED_____________________________________

DATED______________________________________

MAY 24, 1999

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