SELECTMEN'S MEETING MINUTES

JUNE 21, 1999

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.

CONSTABLE APPLICATION - ELAINE MATHER

Elaine Mather in attendance. On Hardin's motion, seconded by Goodwin, the Board voted unanimously to approve the appointment of Elaine Mather as Constable for a three-year term, subject to the Bond being submitted to Town Clerk's Office.

At this point in the meeting on Hardin's motion, seconded by Goodwin, the Board voted unanimously to take a renewal of Constable Application under emergency conditions.

On Clark's motion, seconded by Hardin, the Board voted unanimously to re-appoint Joseph Monti as Constable for another three-year term, subject to the Bond being updated.

APPROVAL OF CONSERVATION LAND DONATION

On Webster's motion, seconded by Hardin, the Board voted unanimously to accept the Gift of Land known as A2-302R Bay Road.

APPROVAL OF P&S FOR LAND OFF FOUNDRY STREET

Goodwin asked that this item be held at this time. On Goodwin's motion, seconded by Clark, the Board voted unanimously to table.

ANNUAL APPOINTMENTS

CANOE RIVER ADVISORY BOARD

On Tufts' motion, seconded by Goodwin, the Board voted 4-0-1 by roll-call, to re-appoint William Hardin. Tufts - Hardin, Webster - Hardin, Goodwin - Hardin, Hardin abstained, Clark - Hardin.

SPECIAL OFFICERS - SEE LIST

On Clark's motion, seconded by Hardin, the Board voted unanimously by roll-call, to appoint the Slate (see attached.)

Webster - Slate, Goodwin - Slate, Hardin - Slate, Clark - Slate, Tufts - Slate.

APPROVAL OF LSIS P&S

Goodwin's motion, seconded by Clark, to approve the LSIS Purchase and Sale, was note voted at this time.

White noted the language has been distributed to members of the Historical Comm., but has not been voted on yet. She noted the final language would be similar but not exact in paragraph 7. White also noted that the purchaser is also agreeable to the language changes. Webster commended White for her efforts on this project. Goodwin asked White to research "reasonable" public access, and what that really means. Clark suggested the date of the final P&S be 7/1/99. Tufts asked White to send back a highlighted copy of the final P&S, showing the changes.

Vote on the motion was unanimous.

SPECIAL MUNICIPAL EMPLOYEE STATUS FOR EDUCATION AND MUNICIPAL ACCESS TECHNOLOGY COMMITTEE

Webster expressed concern that the two Board of Selectmen appointees should be citizens. Webster suggested the Board make an appointment of one citizen, and then make one Data Processing employee an ex-officio appointment. Paicos noted that he is on the Committee and is a citizen of the Town. Webster stated that the Town Administrator was a designated member in the contract and that the contract stated that the Selectmen make two appointments one being a citizen in addition to other designees.

On Webster's motion, seconded by Goodwin, the Board voted unanimously to approve Special Municipal Employee Status for the Education and Municipal Access Technology Committee.

PUBLIC HEARING - ALTERATION OF PREMISES OF EASTON COUNTRY CLUB

Attorney David Marsan, Vincent Lombardi, Thomas Lombardi in attendance.

Tufts read the notice of hearing, and the various department comments.

Paicos gave a brief explanation of the need/use of this added area. Marsan gave a brief explanation of the 4500-sq. ft. addition that will hold 192 people, and adds 64 additional parking spaces. Marsan noted the limited access to the Terrace area. Clark questioned if the area is enclosed. Marsan stated no.

On Clark's motion, seconded by Hardin, the Board voted unanimously to approve the Alteration of Premises for the Easton Country Club per plan on file at the Selectmen's Office.

Hardin noted the Country Club is a wonderful neighbor. V. Lombardi noted they are hoping for a 12/1/99 opening.

ANNUAL APPOINTMENTS - CONTINUED

RECREATION COMMISSION

MARY McCARTHY - noted her enjoyment over the past 6 months helping with many programs, and expressed an interest in staying involved with the Commission for another three-year term. Hardin noted that McCarthy has been attending the Recreation programs outside of attending the regular meetings, and commended her for that. Goodwin questioned what special contribution McCarthy brings. McCarthy noted she has the time to put into the meetings as well as being involved with the programs themselves.

MICHAEL CAREY - noted he has been a member for a couple of months but has been involved in youth organizations for many years. Carey noted he has been president of the soccer program also. Carey noted he feels he has a lot to offer the Recreation Dept. Carey noted he feels the Dept. is going great but it needs more. He noted he had a rocky start on the Commission recently, but hopes things will be resolved soon. Goodwin questioned what special contribution he brings. Carey noted he sees a need to make a more cohesive unit with the youth sports in Town and the Rec. Dept. He noted the need for a central area for control of the facilities, and he hopes he can be of help in these areas. Hardin also noted that in a short time Carey has done a lot and expressed his appreciation for the efforts. Clark also commended Carey for his contributions recently.

PAT GOODMAN - noted he had no statement but that he has been on for 9 years and only missed one meeting in that time. He noted he has been involved in numerous youth programs over the years. Goodwin questioned how he would fit into the new structure of the Recreation Commission. Goodman noted that with a strong Director anything could happen that the Town wants. Goodwin asked what his special contribution is. Goodman noted the time he contributes and the work he has done and will do.

Clark noted his appreciation for the work Goodman has done for the Recreation Dept. Hardin noted there has been a lot of turmoil in the Recreation Dept. in recent years and he would like to think this is behind us all now. Hardin also commended Goodman for his time and effort on behalf of the Recreation Dept.

JOHN MACDONALD - noted he wants to represent kids and families and has been involved in youth programs and coaching for 14 years. He noted he wants to provide leadership to the Town in the Recreation area. Goodwin questioned what he knew about Recreation and what he could add. He noted that he was aware of the issues with the Director, but that he wanted to work cooperatively to find playing fields and to see if the Commission can work towards bringing in the groups i.e. Pop Warner, Soccer, etc., to feel closer to the Recreation Dept. Goodwin questioned if he could work on issues other than football and soccer that the Recreation Dept. has traditionally worked on. MacDonald noted that he works out of his home office and is in Town 3 days each week and could be available to work on general Recreation Dept. programs. Hardin also questioned if time was available for all programs. MacDonald stated he would have time to work on the necessary Recreation Dept. programs. Clark questioned what being a MA Football Official meant. MacDonald gave a brief explanation, noting he is heavily involved in refereeing Pop Warner games.

JUNE 21, 1999

FRANK SPILLANE - noted he has lived his whole life in Town . He noted he now lives with his wife and 1 child, with another on the way. He noted he would have the time to be involved and that he wants to do this to be able to give back to the Community. Goodwin questioned what he knew of the Recreation Commission. He noted he took advantage of some of the past programming personally and with his family. He noted he knew Val Muscato and that he had spoken to him about the Commission on a few occasions in the past. Hardin noting the problems with the Recreation Commission for some time now, questioned if Spillane was aware of these problems. Spillane noted only what he read in the papers recently. Hardin noted he wants to put an end to these problems. Clark asked if Spillane can make meetings at night and be around during the day for programs. Spillane stated yes, his office was local.

Tufts noted there are three - three-year terms and one un-expired term for one-year.

Webster - Goodman; McCarthy; Carey; MacDonald

Goodwin - McCarthy; Carey; Spillane; MacDonald

Hardin - McCarthy; Carey; Spillane; MacDonald

Clark - Goodman; McCarthy; Carey; MacDonald

Tufts - McCarthy; Carey; Spillane; MacDonald

On Tufts motion, seconded by Hardin, the Board voted 4-1 to give the three-year terms to McCarthy, Carey and MacDonald; the one-year term to Spillane. Clark opposed.

On Webster's motion, seconded by Clark, the Board voted unanimously to appoint Pat Goodman as an Associate Member to the Recreation Commission.

REVIEW OF 275TH CELEBRATION COMMITTEE

Goodwin noted that she spoke with Dave Gardner and he suggested a 9 member Committee; 1 representative of Town Government; 1 Representative of Historical Commission and the remaining 7 citizens-at-large. Paicos suggested that the committee be advertised this week and the appointments could be made at the 7/12/99 meeting. On Goodwin's motion, seconded by Hardin, the Board voted unanimously to have a 9-11 member Committee, with one representative being from the Historical Commission, to follow tasks and mission (see attached) and that anyone interested submit a letter of interest to the Board and appointments will be made at the 7/12/99 meeting.

DISCUSSION RE: TOWN COUNSEL APPOINTMENT PROCESS

Martyn Lincoln in attendance.

Paicos reviewed his memo to the Board on this issue, and noted the Beacon deadline is next week . He also noted the possibility of putting this in the Solicitors Newsletter. Lincoln noted it would be better to have someone from the community that has an interest in the community vs the large firm. Hardin noted his agreement with a specific counsel, not a firm. Hardin noted he has done research on this and having one counsel who lives in Town is definitely the best way to go. Hardin noted it could be someone later in their career that would cut down on their own client base and just have the Town as a client. Goodwin noted she generally agrees with a General Counsel but would add 1) prior experience as Town Counsel; 2) familiarity with a wide area of law, labor, zoning, health and personnel; 3) with a mission to avoid litigation and to work with Boards to find alternatives; 4) someone who could do preventative - bridge building vs litigation; 5) that it be a full-time position.

Lincoln noted that labor is a specialty today. He noted he handled Conservation issues some of the time and they also used a Special Counsel. Lincoln noted the following should be addressed by Town Counsel 1) Selectmen's issues; 2) liquor hearings; 3) zoning issues; 4) health issues; 5) land damages. Lincoln noted there would still be a need for a couple of other specialty lawyers but Town Counsel should be able to do most everything else. Lincoln noted he met with the Building Inspector two times a week, with the Town planner as often as needed, the Board of Health as often as they requested. Lincoln noted this is easily a 40 hour a week position. Webster noted it is important having someone that is accessible and stated she wants to be able to reduce the legal budget. Webster noted she wants the format that each

JUNE 21, 1999

member can score on i.e., prior experience, where the applicant lives, whether part of a small or large firm etc. Paicos noted that salary range is $90-120,000 for a full-time lawyer, no matter whether it is a sole practitioner, staff counsel or a small firm.

Paicos noted he will draft an AD for M. Lincoln to review and send out to the various media. Lincoln noted that a staff counsel would need the insurance benefit.

On Goodwin's motion, seconded by Webster, the Board voted unanimously to advertise for Town Counsel and to utilize the specific suggestions that the Board made i.e., experience in Selectmen's issues, liquor hearings, zoning issues, health issues, land damages, etc., soliciting either a sole practitioner or small firm.

TOWN ADM'S NOTES

Paicos noted the Journal did a great job on the recent story RE: the trash vendors.

Paicos noted that Sen. Sprague is attempting to get money for the new pond restoration.

SELECTMEN'S NOTES

Tufts announced that Bell Atlantic is sponsoring the "Wall That Heals" to be on display at the Boston Common from 7/1/99 - 7/4/99. It will be available to the public 24 hours a day.

At 9:18PM, on Clark's motion, seconded by Hardin, the Board voted unanimously to adjourn.

APPROVED_______________________________

DATED________________________________

JUNE 21, 1999

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