SELECTMEN’S MEETING MINUTES
SELECTMEN’S OFFICE
JULY 14, 1997
The Board of Selectmen met this evening with Chairman Jeffrey Tufts presiding. In attendance were William Hardin, Frederick Clark, Patricia Hunt, Patricia Webster and Town Adm. Kevin Paicos.
POLICE LIEUTENANT APPOINTMENT
Chief Bates in attendance.
Bates noted that Lt. Krohn will be retiring soon, and he is requesting the Board appoint Sgt. Kominsky to replace Lt. Krohn. Bates noted that Kominsky scored 96 on his exam, has been a Sgt. since 1988, and a patrolman since 1980.
On Hunt’s motion, seconded by Hardin, the Board voted unanimously to appoint Thomas Kominsky as a Lieutenant in the Easton Police Department.
POLICE SERGEANT APPOINTMENT
Chief Bates in attendance.
Bates noted that with the promotion of Sgt. Kominsky, there is a spot for another Sgt. to be appointed to replace Kominsky. Bates recommended the Board appoint Officer John Lynn. Bates noted that Lynn was a transfer to the Department in 1993, and has been an outstanding officer. On Clark’s motion, seconded by Hardin, the Board voted unanimously to appoint John Lynn as a Sergeant in the Easton Police Department.
FIRE SERVICES STUDY RFP AWARD
Chief Blye, M. White in attendance.
Paicos noted the memo RE: the unanimous choice of the three people who reviewed the RFP’s. Blye noted that the RFP’s were graded independently and all three people came up with the same first choice.
On Hardin’s motion, seconded by Clark, the Board voted unanimously to accept the recommendation on the first choice of the RFP for the Fire Services Study, MMA.
At this point in the meeting M. White and P. Blye went in the outer office to open the price proposals on the RFP’s.
MINUTES
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve General Minutes dated 6/16/97 as amended.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve General Minutes dated 6/23/97.
On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve General Minutes dated 6/30/97. Hunt abstained.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve Executive Session Minutes dated 6/16/97.
On Hunt’s motion, seconded by Hardin, the Board voted unanimously to table Executive Session Minutes dated 6/16/97.
NRT REQUEST RE: BUILDING FEE WAIVERS
On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve the request for a waiver of fee for a temporary structure - tent, and to allow a certificate of occupancy, for the Harvest Fair.
APPLICATION RE: CHANGE OF CORPORATE NAME: CHANGE OF DIRECTORS: ISSUANCE OF STOCK: NEW STOCKHOLDERS AND CHANGE OF MANAGER - PAPA GINO’S
Kevin Mahoney, Fernando Aguiar in attendance.
Tufts read the notice and the comments from the various departments.
Mahoney gave a brief explanation of the stock changes, name changes and Manager.
Aguiar noted he has been with Papa Gino’s for 7 years in general, and in Easton for 8 months. He has extensive experience. Aguiar noted he has been in three locations, E. Providence, RI,; Wareham, MA; Easton. Hunt questioned how many years he managed in an establishment that served alcohol. Aguiar noted between 6-7 years. Mahoney noted that Papa Gino’s total sales are less than 1% from alcohol. Hardin noted this is a college town and have not had problems with Papa Gino’s to date. Hardin noted that Aguiar should exert every care to ensure there are no problems with underage people being served. Tufts noted that Papa Gino’s needs to be more diligent in notifying the Selectmen’s Office when a change of Manager is imminent. On Hunt’s motion, seconded by Hardin, the Board voted unanimously to approve the Change of Corporate Name; Change of Directors; Issuance of Stock; New Stockholders; and Change of Manager to Fernando Aguiar, for Papa Gino’s Inc.
NOTICE OF LICENSE SUSPENSION - FIVE LAMPS ASSOC. INC.
Clark noting a letter received from the ABCC RE: a suspension, questioned if 1882 had chosen the option of paying a fine in lieu of suspension. Paicos noted that the ABCC needs to notify the Town if a fine is paid in lieu of suspension, and there has been no such notification. Secretary will check with ABCC.
FIRE SERVICES STUDY FRP AWARD - CONTINUED
Chief Blye, M. White in attendance.
Paicos reported that the most qualified bidder, also turned out to be the lowest bidder. Hunt questioned if there was a payment schedule. Paicos read the RFP and it was construed as a lump sum payment.
On Clark’s motion, seconded by Hardin, the Board voted unanimously to award the Fire Services Study to the MMA Consulting Group, at a price of $20,000.
DISCUSSION RE: TOWN CODE
Paicos gave a brief explanation of the history of this issue.
Hunt noted that originally the Board wanted to take the by-laws and put them into a book for ease of reading and accessibility. Hunt noted that now it has become cumbersome and corrections are being made, i.e., spelling and gender neutral language substituted. Hunt noted that a recommendation can be made for the Town Meeting to vote but they shouldn’t be making changes without the Town Meeting vote. Hunt noted she thought the existing by-laws with the errors i.e., archaic dated language were being put in as is. Paicos noted he spoke with the Town Clerk and Town Counsel RE: making the above named changes, and the General Code Co. has made a list of all such proposed changes for a Town Meeting vote. Paicos noted he needs the Board to just say they don’t want to make these changes and they won’t be made. Paicos recommends making all non-substantive changes and to go to the Town Meeting for a vote on the total package. Paicos noting the service costs $9,000., suggested getting as much non-substantive changes made as possible. Hunt noted it is unfair to ask Town Meeting to vote on the whole Code Book, on good faith, stating that only typos have been changed. Hardin noted he agreed with Hunt and wants what was voted, as it was voted, to be in the Code Book. Webster stated she agreed with both Hunt and Hardin. Clark questioned if the Codification Committee reviewed the final document. Paicos noted that each department representative reviewed their own sections. Paicos reviewed all other sections with Town Clerk. Tufts questioned what the yearly subscription cost will be. Paicos noted that decision hasn’t been made yet, but he will probably recommend a yearly service. Paicos asked what the Board wanted to do in the case of errors that involve duplicated numbers. Hunt asked for a list of the blatant errors for the Board’s review. Paicos noted this Code Book will be heavily footnoted.
On Hunt’s motion, seconded by Hardin, the Board voted unanimously to do the Codification as originally voted and to have the Town Administrator bring back the blatant errors for the Board’s review.
ANNUAL APPOINTMENTS - MEMORIALIZATION COMMITTEE
Hunt expressed concern with the proposal of members from the VFW and Legion. Paicos noted he needs to check with the VFW and Legion for the name of their reps in writing. Tufts noted he will check the Charge for staggered terms and to contact the VFW and Legion for each to submit their representatives.
JULY 14, 1997
PLUMBING/GAS INSPECTOR APPOINTMENT - DISCUSSION
At this point in the meeting Selectmen Tufts left during discussion and voting.
Clark read from the Town Charter RE: making appointments. Clark’s motion, seconded by Webster, to reject the Town Administrator’s appointment of the Plumbing Inspector, was not voted at this time.
Clark noted there is no budget listed for the Plumbing/Gas Inspector, and questioned where the money will be coming from. Paicos noted the Gas Inspector salary is in the budget and the Plumbing Inspector salary money comes from the Revolving fund as approved at the ATM. Paicos noted the combined salary for this appointment is less than last year. Clark questioned if this position gets benefits. Paicos noted the benefit level is 20 hours, this is a stipend. Paicos wouldn’t assume this was a benefits employee. Paicos noted he doesn’t know of any Inspector who has ever received benefits. Clark noted there would be plenty of money to carry two inspectors. Clark noted the other inspector worked for the Town for 12 years and he has no evidence that he did anything wrong on the job. Paicos noted it was reported at budget time and this discussion should have been heard then RE: combining the two inspector jobs. Paicos noted it was agreed that the position was being combined and there are two inspectors, only one can be hired for the combined position. Webster questioned if there will be an assistant. Paicos noted there would be a backup, but he is not sure who it will be or if it will need to be advertised or not. Paicos noted this wasn’t an easy decision but it was necessary. Webster questioned if there will be office hours for the plumbing/gas inspector. Paicos noted yes there will be office hours two days a week. Paicos noted this change will give the public the office hours they have been asking for. Vote on the motion didn’t pass, with a 1-3 vote. Clark in favor.
At this point in the meeting Selectmen Tufts returned.
MEETING WITH RECYCLING COMMITTEE RE: CHARGE
M. Graff, E. Jacobson, R. Hill, J. Azevedo, B. McAndrews, B. Anderson, L. Ramondi in attendance.
Graff noted that J. Pearson and S. Kolberg didn’t want to be reappointed. Hunt questioned the attendance at the meetings. Graff noted that everyone attended regularly and the contribution was equal between the associate members and regular members. Hunt noted that is seems that the Board should make all voting members and not have associate members. Graff noted he would rather have all members able to vote.
At this point in the meeting the Board interviewed the new candidate B. Anderson.
Clark asked how Anderson felt about commercial trash coming to the landfill. Anderson noted that all the information needs to be taken into account during this time of transition at the Landfill. Anderson stated that it is not unreasonable to look into the possibility and she wants to look at the figures. Webster questioned if Anderson was involved in any other recycling projects. Anderson noted she is an Earth Science Major at Bridgewater State, has lived in Easton and is well aware of recycling issues. Graff noted that Anderson has been attending the Recycling meetings for about a year. Anderson noted she lives at 30 Union Street.
Hunt questioned if the Board of Health sent any member. Graff noted that D. Gardner attended about half of the recycling meetings. Tufts questioned if anyone from the schools attends. Graff noted there are no members from either the schools or the NRT who attend the meetings.
On Hunt’s motion, seconded by Hardin, the Board voted 4-1 to reconfigure the Recycling Committee Membership as follows: 6 citizens-at-large; 1 DPW employee; 1 Board of Health member; 1 NRT representative, contingent on the NRT being interested in the position, otherwise, the position will revert to a citizen-at-large opening. Clark opposed.
On Hunt’s motion, seconded by Webster, the Board voted unanimously by roll-call, to appoint M. Graff, L. Ramondi, J. Azevedo, W. McAndrews, R. McCarthy, B. Anderson as the 6 citizens-at-large on the Recycling Committee.
Clark - slate, Tufts - slate, Hunt - slate, Webster - slate, Hardin - slate.
Graff noted the Committee has been working with solid waste as well as recycling issues and is asking to have a combined charge for recycling and solid waste. Hunt noted that to change the charge as requested would put the decisions on solid waste solely into the Committee’s hands, and she doesn’t know if this
JULY 14, 1997
Committee should be making this decision. Graff noted it would be impractical for the Committee to continue without being involved with the solid waste issue. Hunt noted that she is not sure whether this Committee should have the ability to directly make decisions as to whether the Town should have curbside recycling or continue a transfer station. Graff noted he didn’t feel that this new charge as he proposes asks for decision making. Hunt noted that parts of the existing charge aren’t completed. Graff noted there is no point in just dealing with recycling and not addressing the solid waste issue as well. Graff noted the 1994 charge is not as he sees the direction the Town should be going in. Hardin noted the Committee can’t implement, they can only recommend to the Selectmen or to the Town Meeting. Hunt noted that some Committee members live near the Landfill and she feels that those members wouldn’t necessarily be the best to make long-term future solid waste decisions. Graff noted that if a solid waste committee was formed the recycling committee would need to meet with them regularly in order to make decisions. Again Graff noted it is impractical not to consider both recycling and solid waste together. Tufts noted he is not sure who would be making the solid waste decisions but he sees the recycling committee as making recommendations to the Board. Hardin noted that the Board of Health controls certain solid waste issues. Graff noted that his proposed charge is a more efficient way to deal with this combined issue, and he hopes this doesn’t become a political issue. Graff noted there is very little time left to accomplish all that needs to be done. Webster noted she needs this issue to be on an agenda for a full discussion. Clark noted that other than inserting "recommend" he agrees with the whole proposed new charge and name for the Committee. Clark noted he wants to see the Recycling Comm. meet with the Board of Health. McAndrews questioned when the Recycling Comm. was notified of the Selectmen’s meeting. Tufts noted that Graff was notified as the Chair last week. McAndrews noted he wasn’t notified about this meeting, and would rather have come prepared for all of the discussion. On Hunt’s motion, seconded by Webster the Board voted unanimously to adopt numbers 2 through 5 of the Charge as proposed and written by the Recycling Committee.
On Webster’s motion, seconded by Hardin, the Board voted unanimously to adopt number 1, as re-written (see Charge attached).
RE: the proposed Recycled Products Procurement Policy, Paicos noted he wants to have the Board adopt the Policy, but he would reserve the right to have the Department Heads review this Policy. Paicos noted he is wildly enthusiastic about the Policy and is happy the Committee has prepared this.
On Hunt’s motion, seconded by Hardin, the Board voted unanimously to Adopt the Policy, subject to inserting "Town Administrator", in place of "Town Manager", and having Town Counsel review this.
Webster noted she wanted answers to questions such as 1) what is the status of options for closure; 2) what are the funding options, with figures; what is the status of Landfill space; and what does each Selectman want for information.
Paicos noted the need for a meeting RE: solid waste, but also noted he has done nothing with the commercial trash issue due to lack of support. Paicos noted the Board needs to decide how to finance the closure. Paicos also noted that within the next 2-3 months the Board needs to make decisions prior to the Capital Budget being put together. Webster notes she thought there would be information from other communities RE: commercial trash issue, as well as information on health issues. Webster questioned if the commercial trash issue is active or not, and is there going to be another public meeting. Paicos noted he will hold another public meeting after Labor Day, unless the Board decides this isn’t worth it. Paicos noted he asked the neighborhood if there were any situations that would be acceptable for the commercial trash option, and they said no. Paicos noted he doesn’t want to spend any more of his time or the DPW Director’s time, if there is no support on the Board for it. Paicos again noted that he would conduct another meeting in the fall, but he feels the option seems dead due to lack of support from residents and the Board. Paicos noted that he will hold the meeting in the fall, but won’t be doing a lot of work on this issue prior. Paicos will report back to the Board following this meeting. Tufts noted he would rather not even have the meeting held in September. Paicos noted he needs the Board’s guidance, if the majority don’t want him to hold a meeting. Webster note she still wants a meeting on general landfill issues. Hunt noted that the Board needs to discuss this issue prior to holding another meeting with neighbors. Hunt asked that the Consultant give the Board an update, in general. Paicos will give an update report by memo to the Board. Hill noted this commercial trash idea was for funding the closure. Hill noted the closure is already fixed. Hill noted he would compile a memo to the Board weaving the ACO requirements with a budget that would show the Board the steps along the way and where the process needs to be infused with money. Hunt noted the need for a parallel timeline established. Clark questioned if any departments , in particular the Board of Health, had been consulted on the commercial trash option. Paicos noted there are three separate documents where this was explained as part of the "Finance Plan" for the Capital Budget. Tufts noted that the Town Administrator’s job is to bring forth options that are available, if he didn’t let the Board know, he would have been neglect in his duties. Webster again stated the need for the Board to have a meeting on Landfill issues. Hill noted that the Board sets the agenda, and he is available whenever necessary to come and meet with the Board to discuss issues.
CONFIRMATION OF OLD COLONY ELDERLY SERVICES BOARD REPS
On Clark’s motion, seconded by Hardin, the Board voted unanimously by roll-call, to approve the appointment of Elizabeth Verity as Delegate and Anthony Ferragamo as Alternate to the Old Colony Elderly Services Board, for a term of 9/1/97 - 8/31/98.
Tufts - Verity, Ferragamo, Hunt - Verity, Ferragamo, Webster - Verity, Ferragamo, Hardin - Verity, Ferragamo, Clark - Verity, Ferragamo.
REQUEST FROM MANSFIELD RE: PURCHASE OF WATER
R. Hill in attendance.
Clark noted the letter RE: shortage of water in Mansfield and asked if the request has been sent to the Water Advisory Board. Clark also noted he wants to meet with Mansfield and discuss the water issue, electric and sewer system.
Paicos noted there is no surplus water now to sell to Mansfield. Tufts noted that Mansfield’s problem is a growth problem, not a general water emergency. Hill took a moment to remind the public RE: Town’s voluntary water ban, and gave a brief explanation. Hill noted that over a year ago the Water Advisory Board sent many good suggestions to Mansfield RE: water problems. Hunt’s motion, seconded by Hardin, to have the Town Administrator to explain in writing to the Mansfield Selectmen and Manager, RE: the current situation, was not voted at this time.
Paicos noted that SERSG will soon be holding an evening meeting on regional issues for Boards of Selectmen, City Councils, and Town Managers to discuss many different regional issues, such as water.
The Board asked that the DPW Director reach out and try to be of assistance to Mansfield with our water expertise.
Vote on the motion was unanimous.
TOWN ADM’S NOTES
Paicos noted there is a large surplus in the lottery funds and asked for the local officials to call Senators Creedon and Keating, as well as Representatives Creedon and Lewis to ask they support these monies being sent back to the cities and towns.
Paicos noted he sent a letter to the MBTA and is attempting to set up a meeting on either 7/28/97, or 8/11/97. Paicos will notify the Board as soon as the date is firmed up. Paicos asked for the press and Cable to do stories on this issue, noting that the Town has requested a meeting with MBTA officials.
SELECTMEN’S NOTES
Tufts read a thank you letter recently received RE: Firefighter Benson. Tufts also thanked the Town’s emergency personnel for the care he received during his recent injury.
Hardin questioned when the work on the dam will begin. Hill noted work is supposed to begin on 8/14/97 and a letter RE: this will be in the Selectmen’s office in 2-3 days.
Clark questioned installing dry pipe on Main Street prior to the reconstruction, since it has been delayed so long now.
JULY 14, 1997
Clark questioned what the status is on the YMCA. Paicos noted he has a meeting scheduled with the YMCA on 7/16/97.
Clark RE: Mr. Kavanaugh’s streetlight request, stated that he found out that the Continuing School Building and Site Committee promised this light, an questioned if Paicos knew about this. Paicos noted that the School Building Committee held many meetings with residents, and he is not sure of there promises, but will research this.
Clark questioned when the merit issue will be on an agenda. Tufts noted he is establishing a schedule soon.
Webster questioned if there will be an Assistant Plumbing/Gas Inspector position. Paicos will research.
Webster asked for a copy of the SEA Landfill Report. Hill will get a copy for Webster.
Tufts noted that come communities have already instituted the senior tax voucher program. Webster noted she has met with Stoughton to discuss this.
Hunt asked for agenda time for discussion of funding of building repairs and maintenance, as soon as is possible, prior to the Capital Budget process beginning.
Hunt asked for agenda time to discuss the process for re-use and disposition of the two school buildings.
On Clark’s motion, seconded by Hardin, at 10:00PM, the Board voted unanimously to adjourn.
APPROVED__________________________________
DATED___________________________________