SELECTMEN’S MEETING MINUTES
MAY 4, 1998
The Board of Selectmen met this evening with Chairman Jeffrey Tufts presiding. In attendance were William Hardin, Frederick Clark, Patricia Webster, Carla Goodwin, and Town Adm. Kevin Paicos.
At this point in the meeting Chairman Tufts welcomed Carla Goodwin to the Board.
REORGANIZATION OF THE BOARD
CHAIR: Tufts nomination of William Hardin for Chair, was seconded by Goodwin.
Webster’s nomination of Frederick Clark for Chair, was seconded by Clark.
By a 3-2 roll-call vote William Hardin is the new Chair of the Board of Selectmen.
Hardin - Hardin, Clark - Clark, Tufts - Hardin, Goodwin - Hardin, Webster - Clark.
CLERK: Tufts nomination of Patricia Webster as Clerk, was seconded by Hardin.
Vote on the motion was unanimous.
MINUTES
On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve General Minutes dated 4/6/98. Goodwin abstained.
On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve General Minutes dated 4/13/98. Goodwin abstained.
On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve Executive Session Minutes dated 4/6/98. Goodwin abstained.
On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve Executive Session Minutes dated 4/13/98. Goodwin abstained.
MUNICIPAL CLERK’S WEEK PROCLAMATION
J. Linehan in attendance.
On Clark’s motion, seconded by Webster, the Board voted unanimously to approve and support the Proclamation for Municipal Clerk’s Week.
YARD SALE APPLICATION - ST. MARK’S CHURCH
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve a Yard Sale for St. Marks’ Church to be held on 5/9/98, from 10:00AM to 3:00PM.
KENNEL LICENSE INCREASE APPLICATION - JEANNE MILLETT
Paicos noted that he thought this request from J. Millett could be decided by the Board of Selectmen, but Clark noted this involves a Board of Appeals decision and the application would have to be given to that Board for action.
ENTERTAINMENT LICENSE - ANNUAL/SUNDAY - TALLY HO RESTAURANT
Bruce Anderson in attendance.
Tufts noted there were no objections in the file.
On Hardin’s motion, seconded by Clark, the Board voted unanimously to approve the Annual/Sunday Entertainment Licenses for the Tally Ho Restaurant.
BID AWARD - WELL FIELD NO. 6 REDEVELOPMENT
W. Southworth in attendance and gave a brief explanation.
On Clark’s motion, seconded by Goodwin, the Board voted unanimously to award the Redevelopment of Well No. 6 contract to D. L. Maher in the amount of $37,750.
BID AWARD - WELL NO. 7 PROLONGED PUMP TEST
W. Southworth in attendance and gave a brief explanation.
On Webster’s motion, seconded by Hardin, the Board voted unanimously to award the Prolonged Pump Test for Well No. 7 to F. J. Sullivan Well Drilling in the amount of $59,930.
EASTON HOUSE OF PIZZA CONTINUED HEARING BEER AND WINE RESTAURANT LICENSE APPLICATION
Eric Stathakis in attendance.
Stathakis noted that all the renovations have been completed, and all issues brought before the Board have been resolved. Tufts noted the comments from the various departments.
On Clark’s motion, seconded by Webster, the Board voted unanimously to approve a Restaurant Malt, Wine and Cordials License for Easton House of Pizza, subject to ABCC approval.
RATIFY VOTE - COOLING TOWER CONTRACT
On Hardin’s motion, seconded by Webster, the Board voted 4-0-1 to award the contract for the Cooling Tower to CAM HVAC Construction Co. in the amount of $58,680. Goodwin abstained.
HOUSING AUTHORITY SECTION 8 ANNUAL CONTRACT
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve the Section 8 Annual Contracts.
STREETLIGHT MAINTENANCE REQUEST
Tufts expressed concern with the lack of maintenance of streetlights and asked for the Board’s support to send a letter to Eastern Utilities RE: the same.
Clark noted that the State should be contacted for State roads with lights that are not being maintained. Goodwin questioned the possibility of withholding payment to Eastern Utilities for the non-functioning lights. Paicos suggested sending a letter first, then if there is no satisfactory action, to withhold payment.
On Hardin’s motion, seconded by Webster, the Board voted unanimously to send a letter to Eastern Utilities explaining the Board’s concerns at this time RE: streetlights not being maintained in Town.
SEPTIC PROGRAM SUBORDINATION AGREEMENT
M. White in attendance and gave a brief explanation.
White noted that a lien holder from the septic loan program is refinancing and needs th Board to execute the document RE: Subordination Agreement. White noted that Special Counsel Marzelli has reviewed these documents and the changes he suggested have been incorporated.
On Clark’s motion, seconded by Webster the Board voted unanimously to approve signing of the Subordination Agreement.
TOWN MEETING UPDATE
ARTICLE 60 - M. White in attendance. White noted that the Board’s previous vote on this article limited the payback to no more than 10-years. White suggested the Board allow homeowners to pay similar to a bank loan program. White noted that higher repair costs could be prohibitive to demand repayment in 10 years, she suggested a longer repayment time. Paicos noted he concurs with White’s recommendation.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to allow increments of 5,10,15, 20 years for repayment of the septic loan program.
GIFTS OF LAND OF CONSERVATION COMMISSION LAND
M. Sites in attendance and gave a brief explanation of each.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to accept three Gifts of Land as follows:
1) a 6 acre parcel on Assessors Map R-8 Plot 285; 2) 21.042 acre parcel on Assessors Map R-9 Plot 20; 3) 14.46 acre parcel on Assessors Map R-9 Plot 1 Eastman Street.
TOWN MEETING UPDATE - CONTINUED
Paicos noted th new Finance Plan given to the Board which has the $10,000 Flyaway Pond money taken from Free Cash.
Paicos noted he gave the Board three new motions, Article 57, Article 59 and Article 60.
Paicos noted he will do a new motion for Article 60 based on the Board’s vote this evening.
MAY 4, 1998
Paicos noted RE: Article 44 that the School Committee voted to endorse the concept of a Municipal Building Committee. Paicos suggested the following representatives be on a committee to work out the details for the Municipal Building Committee.
2 reps. from the Board of Selectmen, 2 reps. from the School Committee, 2 reps. from the PFSC, 2 reps. from the CSBSC.
Paicos noted that the Flyaway Pond Study RFP’s will go out soon and the Board will need to award this contract sometime in July.
Paicos asked if the Board is willing to have a short meeting in 5/1/98 prior to ATM. The meeting will be an Executive Session to review the proposed Memo of Agreement with the Firefighters, and Labor Counsel Philip Collins is available to attend. Paicos noted he is not sure if is legal to appropriate any money towards this contract since Article 19 was already dismissed. Paicos is waiting for a ruling from the DOR on this matter.
MEET WITH CHURCH OF GOOD SHEPHERD RE: LAND REQUEST
A. Roscoe, C. Walsh, R. Volta, M. Sites in attendance.
Paicos gave a brief presentation on the new plan being recommended which includes the Conservation Commission taking over a piece of land that is involved.
Sites gave a brief explanation of what would be involved if someone wanted to use land already under Con
Com jurisdiction. Paicos noted that the spirit of cooperation helped to resolve all of the issues over the past two years. Paicos noted that all interests have been protected, the Town, the Church, the neighborhood.
On Webster’s motion, seconded by Hardin, the Board voted unanimously to authorize filing a Form A for subdividing a Town-owned parcel of land identified as lot 28 on Assessors Map R14, as shown on the plan attached to these minutes.
On Goodwin’s motion, seconded by Hardin, the Board voted unanimously to authorize the Conservation Commission to petition for transfer of the land bordering the piece carved out/subdivided, be placed in their jurisdiction. (See attached plan).
RE: Sale of Land, Paicos noted there are two options. Option 1 is to go by 30B procurement laws, but this could take months. Option 2, because the land was tax title land, the Board can appoint a custodian to act on behalf of the Town. The custodian sends notice to the immediate prior land owner and the Town holds a public auction, after giving notice to the public of said auction. The custodian can approximate the value of the land based on the Assessors value. Paicos recommended the Board authorize Special Counsel McGregor as the custodian and notify him of all the conditions necessary.
It was noted that the public purpose needs to be clear, this is to establish much needed drainage.
Goodwin’s motion, seconded by Hardin, to designate Special Counsel McGregor as Custodian of the land and to direct Counsel to dispose of the land identified as parcel "A" on the plan attached to these minutes, and to let Counsel decide which way is the best to proceed, that protects both the Town’s interest and all the conditions agreed to, was not voted at this time.
Tufts again noted he supports this based on the public purpose of the drainage issue.
Vote on the motion was unanimous.
IRISH FESTIVAL LICENSE APPLICATIONS
Ed Barron in attendance.
Tufts noted the comments from the Fire, Police and Health Departments. Barron noted the planning is in place and he has ordered backup police details from Brockton for traffic issues on Belmont Street. Barron
noted that all tents will be white this year. He further noted there will be no wristbands, only MA. Drivers License will be accepted as ID for alcohol.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve the following licenses/permits:
One Day Beer & Wine on 6/12/98 from 6PM to Midnight; One Day Beer, Wine and Cordials on 6/13/98 from Noon to Midnight; One Day Beer, Wine and Cordials on 6/14/98 from Noon to 9PM.
One Day Entertainment on 6/12/98 from 6PM to Midnight; One Day Entertainment on 6/13/98, from Noon to 11:30PM; One Day Entertainment on 6/14/98 from Noon to 9PM.
MAY 4, 1998
MEETING RE: EDMUNDS/PORTICELLO RESTAURANT
E. Matta, M. Sanfilippo in attendance.
Paicos noted that the required paperwork for the upcoming transfer of license has been received, in part, in the office. Paicos noted he recommended the Board accept the plan with the recent renovations and approve the new name, subject to receipt of a business Certificate, and the paperwork for the Transfer of the Alcohol License be brought before this Board in approximately 4 weeks for approval.
On Hardin’s motion, seconded by Goodwin, the Board voted unanimously to accept the plan with the recent renovations noted, and approve the name change, subject to receipt of a new Business Certificate.
TOWN ADM’S NOTES
Paicos RE: MBTA noted he spoke with the Governor at a meeting recently and the Governor was able to help the Town get a meeting with Sec. Moynihan. Paicos noted that he, along with a team from Easton and Raynham met with Moynihan, and gave a brief update on the meeting.
Paicos noted that the MBTA wanted him to tell the Board that they are not, at this time, set on the Stoughton Alternative. The MBTA has appropriated $5M for design plans and environmental studies to bring the Stoughton Alternative plans up to the same level of design/study as the Attleboro line which is approximately 30%.
Paicos noted RE: requests from residents of Easton Country Estates, that he and our Special Counsel had a meeting in at EHCD, and that he has set up a meeting with the residents to be held on 5/6/98 at 7PM in the Water Division Building. Paicos noted the need to catalog what the residents are upset about, as well as the need for engineering to put together a list of the deficiencies. At that point the Developer needs to express his intention as to what he intends to do RE: same.
Paicos noted that the Rec. Dept. asked that any Selectmen available on 5/15/98, at 10AM for approx. 1/2 hour to go to Borderland for pictures with the Sharon officials in preparation for the publicity for the joint Recreation day in June.
Paicos noted that the DOR is conducting a forum for new and seasoned elected officials on Municipal Finance and encouraged all to attend. Clark questioned if this will be videotaped. Secretary will find out.
SELECTMEN’S NOTES
Webster congratulated the Water Dept. on their very successful Open House.
Webster asked that the meeting RE: Easton Country Estates take place at a regular Selectmen’s Meeting. Paicos noted he is in favor of this, it was the State’s recommendation as well, and he will re-schedule the 5/6/98 meeting for an upcoming Selectmen’s meeting.
The invitation from the New Bedford/Fall River Councils, to meet with the Town officials RE: MBTA issues, will be either 5/12 or 5/20/98. Paicos noted that he will attend, and encouraged any/all Selectmen that are available to attend also. Paicos noted he will schedule the meeting and coordinate with Raynham also.
At 9:10PM, on Webster’s motion, seconded by Hardin, the Board voted unanimously, by roll-call, to go into Executive Session for the purpose of Executive Session Minutes, Labor Negotiations and Real Property, not to return to Open Session.
Clark in favor, Tufts in favor, Goodwin in favor, Webster in favor, Hardin in favor.
APPROVED________________________________
DATED_________________________________
MAY 4, 1998