Selectmen’s Meeting Minutes

July 26, 2004

 

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office with Chair Colleen Corona presiding.  Also in attendance were John Haederle, Clerk, Colleen Less, Gerard Marsan, Charles King and Town Administrator Martha White.

 

The Board convened the open meeting at 7:00 p.m. with a pledge of allegiance to the flag.

 

Announcements/Proclamations 

Mr. Robert Hicks of the American Legion George S. Shepard Post 7, spoke on the history of American Legion Boys State.  The following young men were chosen by their high school guidance counselor to participate in Boys State and were elected to various offices by their peers: Zachary Langway, Jesse Victor, Mark Fisher, Jonathan Monnin, Matthew Zussman, Steven Marsh and Keith Richardson. The board extended congratulations to the boys for the honor and they in turn thanked Mr. Hicks and the sponsors.

 

Licenses/Permits

Vasanthal Shah, representing Shree Gokulesh Corp. dba Mutual Mart was present for a hearing on a common victuallers’ license for the property at 675 Washington St.  White relayed that all was in order except for the Board of Health permits for tobacco and food.

King motioned to approve the CV license pending all necessary permits being obtained from the health department. Marsan seconded the motion and the Board voted unanimously to grant the license. 

 

Corona announced that the appointment with the Municipal Building Committee to discuss the school construction bids would not take place as scheduled as the MBC is still in the process of reviewing the bids and is not, at this time, ready to make a presentation to the Board.

 

Action/Discussion  

Vote of Eminent Domain: White explained that the Board of Selectmen had previously voted on the taking by eminent domain of the North Easton Grammar School on March 24, 2004. Due to a delay at the Bristol County Registry of Deeds, the document was not recorded within 30 days as required by law. So this needs to be repeated. White will send a courier to the Registry this time. Marsan noted that the Registry was for some time 4-5 months behind in the opening of their mail. Less motioned for the Board to adopt the Order of Taking as authorized by Town Meeting with respect to the property of the North Easton Grammar School. Marsan seconded the motion and a unanimous vote of the Board followed.

 

Waiver of fees for NRT: White explained this was a routine item and that it has been the Board’s policy to waive fees for local non-profits and this is an annual request. King motioned to waive the fees for the October 3, 2004 Harvest Fair. Marsan seconded and a unanimous vote of the board followed.

 

Acceptance of Gift:  White relayed that Mirrione Realty Trust is planning a Chapter 40B housing development and Mirrione has agreed to fund the difference ($7,500) between the amount appropriated from CPA funds for the Affordable Housing Plan and the bid received for that plan.  The funds have been received but it is necessary for the Board to vote to accept these funds. Haederle motioned to accept the gift from Mirrione and Less seconded the motion. A unanimous vote of the Board to accept the gift was taken.

 

 

Ambulance Bill Abatement:

White explained that the amount of $384.00 was a contractual write-off for bills that have been determined to be uncollectible. Marsan motioned to approve the ambulance bill abatement of $384 as requested. Less seconded and a unanimous vote by the board followed.

 

Reappointment of Constables:

The following candidates for constable have been recommended for re-appointment by Chief Kominsky and Detective Fulcher: Desmond Chow and Jerold Loomis. King motioned to approve Chow and Loomis as constables. Haederle seconded the motion and a unanimous roll call vote followed – Haederle – yes, King – yes, Less – yes, Marsan – yes, Corona – yes.

 

Discussion of Town Counsel:

White said that previously the Board had asked her to work on a Request for Proposals but she has not received direction from the Board as to the preferred “model” for town counsel; alternatively an RFP could be issued that does not define a model but leaves it open to proposals from firms, individuals, in-house alternatives, etc. Less had given some information to White and she needs guidance on the parameters and restrictions the board is seeking. White also advised that Brackett and Lucas is willing to come once a week with specific hours to facilitate open dialogue with department heads so as to address issues before they become problems. It was noted that the geography (with Brackett and Lucas being located in Worcester) was not conducive to problem prevention and White envisions counsel meeting with department heads and committee chairs only. Less suggested the in-house counsel approach. Marsan said it might be the best of both worlds and a sub-committee had previously studied the issue and to get someone in-house, it would cost over $100,000. The person would then need a secretary so there would be added costs. A lawyer from B&L  one or two days per week would keep the firm up-to-date on all town issues where a new lawyer would need a learning curve.  If we went with new counsel, B&L would remain with the cases they are already handling. Less noted that they have already budgeted for $200,000 and the costs could go up from there. Haederle asked if B&L would were to be here one or two days would it be a flat rate? Corona was also concerned about the rates. Marsan asked if the lawyer would bring Easton work with them. White advised that it is anticipated that department heads would “hold” their issues for the weekly visit by Counsel, rather than call them as they arise, thereby not adding costs; B&L does not charge for travel time. They would bring Easton work and/or other work; if other work then that time would be billed to other clients. Marsan suggested crafting an RFP after they start coming here weekly. Corona said the board could get information from reviewing an RFP that was thought to have been done earlier, but White did not believe an RFP had actually been done prior to retaining B&L. Corona suggested starting with one day per week and take it from there. White reiterated that citizens would not have access, only committee chairs and department heads. Corona said the Board would not vote on the issuance of an RFP tonight and she will call other towns and survey them on this issue. White will call B&L and arrange for a lawyer to be on-site for one day a week for now. Corona wants a monthly update and Marsan wants a record of the contacts.  He also mentioned it would give the town the ability of a quick response to events.

 

Special Town Meeting Warrant:

White needed a vote by the board on both articles:

Membership to the regional school committee: the current election process would change to a joint appointment (Selectmen and School Committee) within the community they represent. Ralph Armstead, Easton’s representative to the Regional School Committee, was present to explain the article. Less motioned to include the article and recommend favorable action to Town Meeting.  Marsan seconded with a unanimous vote of the board following.

Artificial turf: White read into the record her memo advising against the artificial turf and a long discussion ensued. White explained that the article as submitted calls for bonding for the turf and alternative funding mechanisms are not possible within the language of the article. Further discussion centered around the funding issues and Corona stated that Board members would need to agree to disagree. Corona then motioned not to recommend funding the artificial turf; a second to the motion was made by Less and a vote was taken 4/1 with Corona, Less, King and Marsan in favor and Haederle voting in opposition. Marsan suggested taking a position at Town Meeting on not supporting the turf article for financial reasons. Members talked briefly about the funding mechanisms, such as the state picking up the some of the cost, but nothing definite was decided.

 

Minutes

Regular session (4/26/04) Corona motioned to accept. Haederle seconded and a vote followed with Corona, Haederle and Marsan voting to accept and Less and King abstaining due to the fact that they were not present at the meeting.

 

Regular session (5/3/04) Marsan motioned to accept with corrections noted and King seconded with a unanimous vote following.

Regular session (5/11/04) Less motioned to accept with corrections noted and King seconded with a unanimous vote following.

Executive session (5/3/04) Less motioned to approve and Haederle seconded with a unanimous vote following.

Executive session (5/11/04) Less motioned to approve and Haederle seconded with a unanimous vote following.

 

At 8:38 pm, on a motion by King, seconded by Less, the Board voted unanimously to go into Executive Session to discuss executive session minutes. Corona –yes; Less-yes; Haederle-yes; Marsan – yes and King-yes.

 

Respectfully submitted;

 

 

Linda Paquin                                                    ____________________________________

                                                                        Approved

 

                                                                        ____________________________________

                                                                        Date