Selectmen’s Meeting Minutes

May 3, 2004

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office, 136 Elm Street with Chairman Gerard Marsan presiding. Also in attendance were Colleen Corona, Colleen Less, Charles King , John Haederle and Town Administrator Martha White. (7:10pm)

Marsan introduced the two new board members Colleen Less and Charles King and wished them well with their new positions as Selectmen.

Board Reorganization

On Haederle’s motion, seconded by King, the board voted unanimously by roll call to nominate Corona as Chair of the board. King- Corona, Less- Corona, Marsan- Corona, Haederle-Corona,

Corona- Corona.

Corona accepted chairmanship and thanked everyone for their support.

Arbor Day Proclamation

White explained the Tree City USA designation and asked the board to approve the Arbor Day Proclamation for 2004.

See attached.

On Haederle’s motion, seconded by Less, the board voted unanimously to approve the proclamation.

Public Participation

Jay Conceison of 20 Poquanticut Ave referred to the recently published annual town report and the omission of Permanent Landfill Committee Member Peter Downey’s name from the memoriam. Conceison asked that the board add his name to the next town report.

Dotty Conceison of 7 Andrews Street asked the status of the sale of the former North Easton Grammar School. White spoke about the license agreement, which was publicly voted. White noted that this is still a pending real estate negotiation and should not be discussed at this time. Marsan explained the reduced risk exposure due as a result of King taking over the responsibility for the insurance, etc. White reiterated that the problems could not be discussed in Open Session, as it is Executive Session material. Conceison asked why the town is waiting; the town only received $100,000 for the entire piece of property. Corona reiterated that King has taken on the liability. Concieson spoke of the winter problem and the pipes that broke. Conceison asked that the taxpayers be informed on what is going on. Haederle noted that the hold up has nothing to do with the title on the building.

Common Victualler License Application – 7-11@ 566 Washington Street

Attorney Tom Killoran was present along with Jon Lamoureux from Bohler Engineering. Killoran gave a presentation. He spoke of the site plan approval by the Planning Board. They are asking for a 24-hour license. The board spoke of the abandonment issues, no business has taken place at this site in the last twenty years; a gas station can no longer operate at this site because it is in the aquifer protection district. The board asked underground fuel storage. White assured the board that the tanks have been removed. Haederle asked about other tenants. Lamoureux indicated that he only knew of this one convenience store. Marsan asked about the egress at the location. Lamoureux explained the egress on the map. King also expressed concern with not knowing for sure if the tanks were removed. Lamoureux explained that the tanks would have been removed within one year from the time they are closed; they may have received an extension. White referred to site plan review and the plan refers to former tanks.

Bob Hicks of 1 Daniel Drive stated that to the best of his knowledge, the tanks have never been removed. Attorney Killoran will supply the documentation.

On Marsan’s motion, seconded by Less, the board voted unanimously to grant the application subject to compliance of outstanding issues with the Fire, Building and Board of Health departments and confirmation that the tanks have been removed.

Common Victualler License Application - White Hen Pantry @ 277 Turnpike Street

George Lamont of White Hen and Franchisee Joseph Marawi. Lamont spoke of Marawi and his experience. They propose no changes in terms of structure or equipment.

Corona referred to the department comments and indicated that the sprinkler issue has been resolved. No other issues were noted.

On Marsan’s motion, seconded by Haederle, the board voted unanimously to approve new license.

Vehicle for Hire Application (two vehicles) – John Balara @ 50 Oliver Street

Mr. Balara was present. Balara gave a presentation of his proposal to operate a limousine service. He noted his other attempts to get suitable location within the town. He feels that his livery business will be a benefit to the town. Corona asked the amount of vehicles. Balara indicted his intent for two. Corona asked if he had parking for both. Balara indicated yes implying one would be a license at 50 Oliver Street and one would be proposed out of his home on Birch Road. White referred to her memo to the board and how the board has customarily allowed one vehicle to operate out of a residence. She spoke of the zoning issues as well as the licensing issue. She gave detail on the zoning issue allowing one commercial vehicle to be parking in a residential area overnight. White referred to the definition of home occupation. White noted that counsel, the Building Inspector and our office have been grappling with the issue of how to enforce limousines out of residences and referred to Town Counsel’s opinion (see attached dated January of 2004). She spoke of licensing limousines and how the problems with allowing one in a residential area have grown into bigger issues. White spoke of the lease agreement for one vehicle at 50 Oliver Street noting that this location allows for only one spot. White asked the board to adopt the policy that no limousines be licensed out of residences. White asked Balara if he would be running the office out of his home or at 50 Oliver Street. Marsan spoke of licensing renewals and suggested that during renewal time, we notify the licensees in advance that the board not renew limos in residential areas. In this instance, Marsan recommended that the board could approve one limo at the 50 Oliver Street location until such a time that he could get into a lease for two vehicles at the business location. Marsan spoke of the numerous calls he receives dealing with quality of life issues when dealing with unregistered vehicles, businesses, dogs, etc. Balara noted that he has a spot for both, one is assigned and the other is on an as available basis. Balara noted he has a lease at 50 Oliver Street for the conference room to be used for office space and definitely one spot. Balara suggested that he has not had a limousines parked at his home since last year. White spoke of the transition that the board is currently going through in dealing with these limousine issues. White again noted that if the board accepts this policy, the license holders would be notified in plenty of time prior to renewal.

On King’s motion, seconded by Haederle, the board voted unanimously to approve one vehicle for hire license at the 50 Oliver Street and to notify by letter all livery license holders about the new policy of not allowing limousines in residential areas and they will not be renewed in residential areas for 2005.

Clarification of Hearing Times for Alleged Violations (Blackthorne Tavern, Ho Yon Restaurant and Knights of Columbus)

White clarified counsels advise to hold the hearings at the same time 7:30pm on 5/10/04 in the Selectmen’s Office. The three establishments have been notified.

Police Grant Discussion

Acting Chief Tom Kominsky and Easton Junior High School Principal John Guiggio were present. Kominsky spoke of the grant opportunity for the school resource officer, similar to DARE officer. Guiggio noted that it would be a police roll, not educational like the DARE officer. Kominsky spoke of the first three years; the fourth years will need to be funded by the town. 25% of the time, the officer would be working as a police officer. Guiggio noted the role model and the teaching mechanism. Guiggio noted that many schools have these types of resource officers. Guiggio noted that this would improve community relationships between the children and the police. Less asked how the position would be filled. Kominsky explained what the grant allows and suggested it would be filled within the Easton system. King asked about the amount that Easton would have to pay. The cost was estimated at $37,000 - $42,000 for the fourth year. King asked if an existing officer would fit in this pay scale and how that would work. Kominsky noted that it would be depending on the different incentives that the particular officer was entitled but doesn’t anticipate it being more money than what discussed earlier. King noted that he doesn’t usually think of Easton of needing this type of officer and may have a tough time justifying the expense. Guiggio agreed that Easton is not a tough community but spoke of the educational aspect of this and how the officer would have relationship and could advise the kids with issues. Marsan referred to sections of the criteria and asked if we file the application if we would state that we have been cut and the need for the funding. Kominsky agreed with this information to be provided as part of the application. Kominsky also acknowledged that there is no longer a DARE officer. Marsan summarized that this may be a way of funding an officer and hopefully by year four, we can be in a better situation to fund the officer. Headerle asked how many towns would apply. Kominsky could not predict but felt it would be tough. Sgt. Jack Lynn will be writing the grant.

On Less' motion, seconded by Marsan, the board voted 4-1 to allow the Police Chief and Jr. High Principal to apply for grant. 4-1 King opposed.

Bid Award – Ambulance and Fire Truck

Chief Tom Stone was present. White explained the bids. It was noted that the ambulance bid award is ready for board action but the fire truck contract is not ready at this time.

Less asked about the proposed contract and the need for clarification on the first page, Contractor vs. Vendor. White will make the suggested change. Less also asked about the certificate of insurance and suggested that this be included as part of the contract listing Easton as an additional insured. Corona referred to page 8.

On Haederle’s motion, seconded by Marsan, the board voted unanimously to approve the contract with the changes in the amount of $129,777.

FY’05 Budget Discussion

Veterans’ Budget

Veteran’s Agent Steve Nolan was present. White spoke of the Director’s salary and the fact that he is not adequately compensated. White explained that the position was sent out for classification. The position was upgraded and it is still under review. Marsan spoke of previous years and the Director’s inadequate compensation at this time. King asked who the Human Resource consultant is. White explained Human Resources Services, Inc., Sandy Stapczynski. King asked about the procedure for position reclassification. White explained the process of reclassification and how the Director’s classification was arrived at originally. Nolan explained that some of the items are reimbursed at 75% by the state. The money goes back into the general budget. Nolan noted the decrease in the budget and the savings of about $28,000 by changing the Blue Cross Blue Shield supplement premiums for the Veterans. White complimented Nolan on his efforts.

On Haederle’s motion, seconded by King, the board voted unanimously to approve the Veteran’s budget as submitted.

Collector/Treasurer’s Budget

Collector/Treasurer John Nunes was present. White spoke of how the budget was cut in various areas. White explained the process in looking at 5-year trends. Marsan asked about the reduction in the legal budget. White explained the expenditures in the past. Nunes spoke of what he has spent this year and his efforts of not sending as much to the tax lawyers. Less asked about training increase and the Registry of Deeds. Nunes explained what was expended in the past and how some of the costs for Registry of Deeds are recouped and are seen as revenues (foreclosures). Marsan asked if it was necessary to impound funds this year. White indicated that there is no need to do so with the exception of the legal budget.

On Haederle’s motion, seconded by King, the board voted unanimously to approve the Collector/Treasurer’s budget.

Town Accountant

Wendy Nightingale was present.

On Corona’s motion, seconded by Haederle, to approve the budget.

Capital Budget

Chair Wendy Nightingale was present. Nightingale referred to the recommendations for FY’05.

See attached. Nightingale spoke of the turf recommendation and the lack of funds for this issue.

She spoke of water revenue funding and the recommendations.

On Corona’s motion, seconded by King, the board voted unanimously to approve the recommendations.

Board of Health Budget

White indicated that she and the Board of Health recommend the budget. King asked about the budget increase. Saucier explained the process of employing and using a revolving account to help pay the salaries. King expressed concern with not enough time to review and approve the budgets like the Board of Health. Corona suggested approving what the Town Administrator has recommended.

On Haederle’s motion, seconded by Corona, the board voted unanimously to approve the Board of Health budget.

Opportunity to Purchase Land Adjacent to Moreau Hall School

White spoke of the opportunity for the town to purchase a parcel of land adjacent to the Moreau Hall School. She specifically spoke of the process, checking with departments on interest. White suggested that the Capital Planning might look at this and amend their recommendations. Members of the Wastewater Management Study Committee (WWMSC), Recreation, Planning Board, School Committee and Moreau Hall Principal Bob Smith were present. White spoke of some possible common interests. Bartlett spoke of the two concepts, wastewater and recreation. Bartlett feels that a dual use is possible. Bartlett distributed an aerial photo depicting disposal sites. King asked for further clarification. Bartlett noted that this location is out of the aquifer protection district. Marsan asked if the proposal would service the industrial park. Bartlett indicated yes. Corona asked if the location has been checked out for this type of purpose. White indicated no, the land has not been checked. Barlett noted that you don’t have to have good soils for a treatment facility site. Marsan explained the necessity of dealing with this issue because of the opportunity to identify a funding source for a purpose for the town. Hicks asked about a right of second refusal and the date. White indicted they are aware we are discussing this issue and if we postpone, they may offer it for sale to the general public. Less asked about any noise or odor nuisance issues. Bartlett felt that the odor control is controllable and the noise is controllable also. The WWMSC likes the fact that there are no other abutters other than the school. Corona reiterated that this is a proposed use, that doesn’t necessarily mean that this is the use.

Recreation members Michael McDonald and Kathy Endriunas were present. McDonald spoke of the attractive location and the idea of using it as a multi purpose site. This could also benefit the school throughout the year also in conjunction with recreation. McDonald spoke of possible CPA funding. He suggested working with other groups in towns for funding sources and usage. Haederle noted that CPA has already voted on this but will not support because it is not part of the larger picture, its only 2 acres and doesn’t fit into the larger plan. Corona asked who would make the decision on what the land will be used. White noted Selectmen. Less asked if the groups could work together to find a common use. Dawn Boynton spoke on behalf of the School Committee and their biggest concern of safety, parking, etc., with respect to the location of Moreau Hall. Less asked if it is a large enough parcel for all three needs. It was agreed that we do not know the answer yet. Marsan expressed concern with having the discussion on the use and not letting the opportunity go by. King asked what Recreation would build on the site. McDonald suggested that a study would be done but would most likely propose a multi purpose facility including the school, baseball and t-ball . Assessor Gerald Noonan asked if the town should approach Stonehill to wait until a later date and negotiate. There was discussion as to the connection between Holy Cross Fathers and the college itself. Noonan spoke of the hasty situation. Bob Smith, Principal of Moreau Hall noted that Stonehill was approached and they declined interest in the property. White spoke of the unfortunate time nature and Marsan’s suggestion of working with the broker on the price, getting an appraisal, etc. White suggested that if the town doesn’t acquire it, we don’t know what would happen to it. It would take town meeting action to change the zoning. Haederle spoke of the uses but noted the frustration of considering other budget items and doesn’t know why we are not addressing the larger issue of replacing the fields lost during the OAHS, EJHS construction. Haederle found this really frustrating. Hicks suggested using water revenues to purchase the land. It was noted that it would not be an appropriate revenue source. Corona expressed concern with not acting and losing the opportunity. Marsan noted that it would be unfortunate to have this turned down at town meeting; it has to be put together as a package for town meeting. White explained the procedure used in notifying the departments. Corona spoke highly of the possibility of using the property as a wastewater treatment location site. Marsan again noted the need for the group to sell it at town meeting. Boynton volunteered to work with Recreation and the WWMSC to come up with a recommendation for town meeting.

Bartlett noted that Stonehill has been cooperative in allowing the testing of their site for wastewater.

The board discussed how to come up with the price because an appraisal has not been done yet.

King asked about leaching fields and if we could get info prior to town meeting. Bartlett agreed to ask the question. Haederle expressed the need to have an understanding before entering into a commitment for this kind of money. The board discussed an overview of what the town could use the property for. Parking is dangerous at Moreau Hall and this could also be used to expand the parking safely. Nunes spoke of the cost of borrowing money.

On Marsan’s motion, seconded by Haederle, the board voted unanimously to include the article.

Boynton will coordinate with the other committees.

Annual Town Meeting Warrant Discussion (see attached draft)

Article 7

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

Article 20

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

Article 5

Board of Health members Bob Kane, Gil Heino, Roger Kligler and Health Director Wade Saucier were present. White spoke of the goal in future years to more adequately staff the department. White spoke of the other departments and how they do not have the luxury of having this revolving account as proposed by the Board of Health. White supports the current FY’05 recommendation for the Board of Health. The board discussed at great length the support of the FY’05 budget and Kane expressed skepticism of the board’s recommendation until the town meeting passes the budget. King spoke of the safety net by using this revolving account. Kane spoke of the low salary of the Director, causing problems with hiring as we cannot hire other staff at a salary close to his. Corona noted the need for the board to vote whether or not to include the town meeting article. The board discussed at great length the issue at hand and setting a precedent. Less expressed concern with approving the revolving account, as other boards will come forward with articles of this type. Kane noted that if it were not included, they would come to town meeting with a citizen petition. Kane feels that this will be setting a precedent. King asked about the issue of setting a precedent. White replied that the Selectmen decide what goes on the warrant with the exception of citizen petitions which go on automatically. White explained the process if a department requests an article but noted this one is a little more complicated, causing problems with other articles. White noted that it has been on the warrant each year and dismissed at town meeting. Corona asked if other boards have proposed this. White noted that Recreation has not come forward but they have talked about it in the past. Marsan asked that the Board of Health withdraw the petition. Kane noted that they couldn’t vote to do so; it is not a posted meeting for the Board of Health. Kane noted that if the Board of Health budget was voted at town meeting, they would recommend that Article 4 be dismissed.

On Marsan’s motion, seconded by Less, the board voted unanimously to include and not recommend.

Article 14, 15, 16,17

White briefly explained the articles. Finance Committee Chairman Stu Benton was present and explained the intent and the process that the Finance Committee went through. Benton explained the different options that were discussed by the Finance Committee. King asked about modified health insurance. Benton noted that this is not possible. Benton noted that we have a legal opinion on this issue.

Board of Health member Gil Heino asked about what the savings to the town would be. Benton noted the number and the stipends and what the approximate cost will be by eliminating stipends. Heino has looked at the numbers and gave an approximate number of people who have not served the town for 10 years, making them not eligible for health insurance. Benton spoke of the cost savings but noted the uncertainty of what will happen tomorrow. Heino spoke of the disruption within the town government. Gerald Noonan, member of the Board of Assessors spoke on the issue. He spoke of his past experience in Brockton serving as a liaison to the Southeastern Regional School and the benefits involved. He spoke of Easton’s election process and the people willing to service the community. Noonan feels that the issue will have a disruptive affect for several reasons. Noonan spoke of the process used by the FinCom and what was agreed upon prior to this new proposal. Noonan suggested that the board take no position or not approve the action before them tonight on these articles. Noonan spoke of the role of the Assessors and their increased revenue generating ideas, etc. Haederle disagreed with Noonan and feels that people agree to serve for the community, not for the benefits.

Finance Committee Member Bob Hicks spoke on the articles. Hicks spoke of the difficult times and the savings of the few on the insurance and the stipend money. Hicks suggested that this be considered when dealing with the unions also. Hicks asked that the board approve and recommend the articles.

Finance Committee member Irwin Cohen spoke of the intent of the Finance Committee to cover the officials for the term that we have left. Cohen feels that this is will be a substantial savings and asked for the board’s support.

King spoke in favor of the proposal. He spoke of the enormous pensions costs. He also spoke of his own situation and the reality of not knowing who down the road will be taking the insurance. Heino spoke of the elected official capacity and how it is different than volunteering on the little league, baseball, etc.

Benton agreed that when the officials ran for election, they were under the impression they were eligible.

Noonan felt that the rules changed and this is not what was agreed when the Fincom met with the various elected officials.

On Haederle’s motion, seconded by King, the board voted unanimously to include and recommend articles 14, 15, 16, 17.

Article 22

On Corona’s motion, seconded by King, the board voted unanimously to include.

Article 23

On Marsan’s motion, seconded by Less, the board voted unanimously to include and recommend.

Benton spoke of the requirement to hold a joint meeting between the Selectmen and the Finance Committee to discuss the FY05 budget within fourteen days of the town meeting. The board discussed how to resolve the issue.

Article 33

Benton discussed the intent of the article.

On Marsan’s motion, seconded by Less, the board voted unanimously to include and recommend.

On Corona’s motion, seconded by Marsan, the board voted unanimously by roll call to into Executive Session for the purpose of discussing land acquisitions and pending litigation, to return to Open Session.

King -yes, Less- yes, Haederle -yes, Corona - yes, Marsan- yes. 11:10pm.

The board reconvened open session at 12:10am.

Town Meeting Warrant Discussion - continued

Article 36

White explained the article.

On Haederle’s motion, seconded by Marsan, the board voted unanimously to include and recommend.

Article 37

White explained the article and noted that negotiations will begin to take place if the article is included.

Marsan spoke in support of this article.

On Marsan’s motion, seconded by Less, the board voted unanimously to include.

Article 38

White explained the article.

White referred to a letter from the Traffic Safety Committee emphasizing the need for the change.

White noted that the parcel in question is not suitable as a buildable lot.

On Haederle’s motion, seconded by King, the board voted unanimously to include and recommend.

Article 10

White explained the intent of the article and the process of notifying the abutters.

On Less’ motion, seconded by Marsan, the board voted unanimously to include and recommend.

Article 18

On Corona’s motion, seconded by Marsan, the board voted unanimously to include and recommend.

Article 25

On Corona’s motion, seconded by Marsan, the board voted unanimously to recommend.

Article 34& 35

On Less’ motion, seconded by King, the board voted unanimously to include and recommend.

Articles 40 – 48

On Marsan’s motion, seconded by Less, the board voted unanimously to include.

Article 49

White explained that she is not ready to go forward with an assessment center and will suggest not including this on the warrant.

Article 50 & 51

On Less’ motion, seconded by King, the board voted unanimously to include.

Article 53

No action was taken by the board.

Article 54

No action was taken by the board.

Discussion re: Belcher Foundry –560 Foundry Street

This discussion will take place at the next board meeting.

Board of Appeals Resignation – Charles King

On Corona’s motion, seconded by Haederle, the board voted 4-0-1 to accept with great regret King’s resignation. King abstained. A certificate of appreciation will be issued.

On Corona’s motion, seconded by Haederle, the board voted unanimously to adjourn. 12:30am .

On Haederle’s motion, seconded by Corona, the board voted unanimously to reconsider the adjournment. 12:35am.

Vote re: Parcel of Land Adjacent to Junior High School

(no longer needed for municipal purposes)

On Less’ motion, seconded by Haederle, the board voted unanimously that the parcel of land adjacent to the Easton Junior High School is no longer needed for municipal purposes.

On Less’ motion, seconded by Haederle, the board voted unanimously to adjourn at 12:40am.

Respectfully submitted,

Mary McCarthy

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Approved

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Date