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.

On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve General Minutes dated 6/9/97. Hunt abstained.

On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve General minutes dated 7/14/97, as amended.

On Hunt’s motion, seconded by Hardin, the Board voted unanimously to approve the policy as it was approved last year.

Hunt noted this discussion should be in Executive Session because it involves potential litigation.

It was agreed that this item will be held for Executive Session.

Chief Bates in attendance.

Bates noted there are changes needed to the descriptions, and asked for it to be held for a later discussion.

Tufts noted he will put this item on the next available meeting, and Chief Bates will submit new job descriptions for the Board’s review.

Chief Bates in attendance.

Bates noted he is requesting four more Special Officers be appointed.

Bates explained that Berry is a Town dispatcher, and Krohn is a retiring Officer. On Clark’s motion, seconded by Hardin, the Board voted unanimously by roll-call, to appoint Brian Berry and Lawrence Krohn as Special Police Officers for a term to expire 6/30/98.

Bates explained the need for the two other Special Officers is directly related to their jobs as our Domestic Violence Advocates. On Clark’s motion, seconded by Hardin, the Board voted unanimously by roll-call, to appoint Kelly Lawrence and Melissa Watters as Special Officers for a term to expire 6/30/98.

R. Hill in attendance.

Hill gave a brief explanation. Hunt’s motion, seconded by Hardin, to adopt the DPW Director’s recommendation to award the bid to Engineered Construction, Inc, in the amount of $10,800, was not voted at this time.

Clark’s motion, seconded by Webster, to table this award until this item went through Board of Appeals and Planning and Zoning process, was not voted at this time.

Hill noted he has submitted the site plan to the Planning Board. The Chair of the Planning Board received an opinion from Town Counsel that the Town didn’t have to go through the zoning/site plan process. Hill then withdrew his site plan.

Vote on the main motion was 4-1. Clark opposed.

E. Matta, D. Berger

Berger passed in the notice to abutters.

Berger noted this is a transfer from Matta to KAKEEDRO Corp., but Matta will still be the Manager and Proprietor, for any liability issues.

On Hardin’s motion, seconded by Clark, the Board voted unanimously to approve the transfer from Edmund Matta to KAKEEDRO, Inc., with Edmund Matta as Manager, subject to proper notice.

Chief Blye in attendance.

Clark noted the sign location was listed on the original site plan, and the new sign wasn’t placed where the approved site plan listed it. Clark noted current placement violates the site plan. Blye noted the Water Dept. bldg., DPW Barn, and Fire signs are all at the same place, on the right-of-way. Clark noted the placement could cause an accident by blocking the site distance. Paicos noted the sign will be moved out of respect for the sign and zoning by-laws. Hardin stated it is not necessary to move them, and noted that the Chief could go to the Board of Appeals to get a ruling on this. Paicos noted he will resolve this. Tufts noted that the sign matches the Water Bldg. very nicely, and commended the DPW for their efforts.

Chief Blye in attendance.

Blye noted he has had a problem with a house on Rt. 138 since February. He noted he wrote to the Building Inspector, and the building doesn’t have a special permit. Blye noted he needs to know who the licensing authority is. Blye noted that three or more people renting in a home, constitutes a boarding house and they require special inspections. Blye noted that M. Lincoln’s opinion lists the Board of Selectmen as Licensing Authority. Paicos noted that Clark has mentioned this for a couple of months, and that he had asked for any known information to come forward so it could be researched. Paicos asked Blye to come forward with any known boarding houses and the Selectmen will notify those involved immediately. Paicos noted there has been a license procedure for this since 1989, he just needed the location/address.

At 7:25PM, the Board adjourned the meeting to the Oliver Ames High School Auditorium.

At 8:00PM, the meeting was reconvened.

At this point in the meeting, Tufts noted that due to Selectman Hunt being an abutter, she would sit in the audience, not with the Board.

Ann Galbraith-MBTA Rep., Rep. Lewis, Rep. Creedon, Sen. Creedon, D. Feeney of Sen. Keating’s Office in attendance.

Galbraith gave a brief history of the project to extend commuter rail to Fall River/New Bedford.

Galbraith noted the statistics on ridership are from figures of the US 1990 Census. She further noted that the proposal to extend a station to the 138 Motel area, has not been worked on pending the Fall River extension issue resolution.

K. Wood noted he is concerned with kids gathering near tracks and smoking, drinking, doing drugs; the train would take land that is now housing his septic system; the Hockomock Swamp, ACEC would be affected. Galbraith noted that an environmental study would be done by the MBTA to review those issues, and they would also research ways to mitigate noise issues as well.

Resident of Ridgeway Rd. noting there are 14 children there now, questioned if the study will take into consideration the increased population since the 1990 study. Galbraith noted that the 1997 updated study did an aerial fly over the right-of-way. Galbraith noted that track safety is most important and that the MBTA has miles and miles of track throughout the State. Much of the track runs through densely settled neighborhoods, and those types of safety issues would be looked at in-depth if the MBTA did proceed.

R. Harb noted he is not an abutter but listed the negative impacts on the environment, safety, and our wells. Harb noted there won’t be nicely landscaped tracks, but rather 8’ fences around the tracks except at the crossings. Harb noted these crossings become an attractive nuisance and children are attracted inside. Harb also noted that over the last few years school busses have gotten stalled on tracks. Harb noted the agenda is really for casino gambling in Fall River/New Bedford, and if they agree with the line, it will give the Raynham Dog Track coin slots. Harb noted there will be a financial assessment to the Town, and we shouldn’t pay money, jeopardize our safety to allow money to be made in casinos or at Carney’s track. Galbraith noted the MBTA generally lets Towns decide where stations will be placed. She further noted there won’t necessarily be a financial assessment to the Town.

Tufts questioned RE: commuter rail line, who makes the decision, and when. Galbraith noted the current legislation directed the line through Middleboro, but after looking at the option, it is not feasible. She noted that at this point MBTA is working with the legislature for a further decision, especially in light of the upcoming leadership change.

Hicks questioned if an environmental impact study will be filed. Galbraith stated she is not sure, but if the line came through Easton it probably would be required. Hicks noting that even if the Town isn’t assessed now, it probably will be in the future, and questioned where will those funds come from. Hicks noted there may be a need to decrease Town services.

Hunt noted that because her house is 700’ from the right-of-way, she can’t sit with the Selectmen. Hunt noted she has four major concerns, environment, costs, negative impacts, stated justification for rail. Hunt gave a description of the route the trains will take, street by street. Hunt noted there will be approx. 34 trains each day. Hunt expressed concern that the trains are proposed to go through an ACEC where our regional water supply is replenished and is a critical habitat. Hunt expressed concern that the legislature will make new laws to fit what is needed for the train right-of-way to go through the ACEC. Hunt noted she doesn’t understand why the State would opt to pay $400M for rail service when enhanced bus service would be $22M. Hunt suggested waiting to see what happens with the Greenbush Line, and the results of the BIG DIG project, and with the new roadway, consider the enhanced bus lines.

W. Southworth noted these tracks would also go through the Queset Brook Aquifer which is an excellent aquifer. Southworth noted we are running out of areas for water supplies, and we were already turned down by the DEM to have a well in Borderland. Southworth noted that DEM doesn’t allow rail lines within 400’ of any water source. Southworth noted RE: ACEC, the Canoe River abuts the ACEC Hockomock Swamp and the rail route is proposed to go through this. Southworth noted it took two years, and a lot of hard work to have the ACEC designation granted by the State.

T. Nolan noted he has worked for the last ten years with the State’s Title 32 dislocated workers program. He noted he has worked with many displaced workers from Fall River/New Bedford and there are many factories closing in that area. He noted that these people find it hard to go to Boston, and would rather go to Rhode Island. Nolan again stated displaced workers don’t go to Boston. Nolan noted that if the State really wants to help these displaced people, the State should do whatever it could to keep the factories funded, and to give them business incentives. If the State used the $440M towards helping the business owners, re-training workers, it would help economic development vs the rail lines.

Galbraith noted that more people will get on the train from Easton than any other community in the proposed route.

G. Galer noted that the negative impacts seem overwhelming, and questioned if there are any positives.

Galbraith noted a positive is increase access to downtown Boston, and rail lines will help the air quality if people don’t use their cars. Galbraith noted the MBTA is trying to weigh all the negative and positive impacts.

A. Johnson read from the Easton Chamber of Commerce comments in the phone book referring to the need for rail road expansion.

C. Hannigan noted that this is a quality of life issue, and traffic is already a problem as well as the loud noise from the Stoughton train whistle. He noted this is a "whole Town" issue, not just No. Easton. He noted 20 children will be waiting for a school bus on Washington St., and he is concerned for their safety. Hannigan questioned if the Town will put sidewalks in to enhance the safety, and who will pay if this is necessary due to the train. Hannigan asked if the Town in general will have to pay for the enhanced public safety needs that will arise due to the train, i.e. sidewalks, traffic lights, etc. Galbraith noted the MBTA mitigates costs for safety issues, environmental issues, etc. Galbraith noted the studies that would determine the costs necessary aren’t done yet.

R. Barone noted issue this is disruptive, it uses and abuses us and does nothing for us. She noted the train gives to other towns and to legislators. Barone noted that the vast majority of people at the meeting seem not to like this idea and she asked how will things progress after this meeting. Barone noted people need the attitude "this is not going to happen", and act accordingly. Barone asked for another two meetings with townspeople and to have Ms. Hunt review the "trip down the tracks". Barone asked that diagrams, graphics be available for people to see. Barone also suggested a walk down the tracks as a group with a knowledgeable person giving explanations.

A resident of Partridge Way noted that he lived near tracks growing up, and he moved here because there were no trains though Town. He noted that as a kid there was much danger surrounding tracks, with kids playing chicken. He expressed concern with traffic on Rt. 138, and stated he felt the ridership figures were over inflated. He expressed concern about who would be responsible for continued maintenance on the rail lines and who would address the need for increased public safety issues. He encouraged the Town to work closely with the people from Raynham on this. He asked where do the elected officials stand.

Chief Bates noted his concern RE: increased crime in parking lots and stated that the MBTA would not supply more help. Bates questioned if there would be so many riders getting on in Easton, if they were actually residents, or people driving from surrounding towns and cities. Galbraith noted she didn’t know how many would be coming from outside of Easton. Bates noted that traffic would be horrendous, and each crossing would be very dangerous. Bates noted he is completely against this project.

Webster noted that she is personally very much against this for reasons such as traffic, emergency equipment issues, potential hazardous freight, environmental issues, national historical buildings/vibrations, increased road maintenance due to increased traffic, need for additional emergency response personnel, property value issue. Webster questioned how the MBTA got the ridership figures. Webster noted that as a Selectman she must represent what the residents want, and if the train is coming through we need to be prepared to get the most help for Easton we can.

A resident of Justin Drive questioned the number of trains daily. Galbraith noted the feasibility study lists 34.

Resident questioned the potential speed. Galbraith noted between 60-70 mph would be top speed. Resident questioned if the enhanced bus service is a serious alternative. Galbraith noted that all alternatives are still on the table.

Resident questioned why the Selectmen took so long to respond. Paicos noted that approx. a year ago the Town was told the alternative route was the most efficient route and that there was no consideration at that time to go through Easton. Paicos noted that the report released in 3/97 now is stating that the Stoughton line is now the most efficient route. It is only in the last two months that there were regional meetings with MBTA. Paicos noted that the Selectmen’s first step is to solicit community input. He noted that as the Town Adm. he must assemble advantages and disadvantages for the Selectmen to review. Paicos noted that at the current time he sees tremendous disadvantages. He noted the Board will assemble the information heard tonight, and will hold a series of meetings for continued public input in the fall. Paicos noted we need a thoughtful, factual approach to the Legislature.

Clark noted that two Raynham Selectmen were present. Clark suggested sending a questionnaire to residents RE: the train. Clark noted that wells are threatened, in particular with herbicide use near railways. Clark also noted the noise and vibration issues. Clark noted that the Bridge St. bridge would need to be re-built. Clark noted that Easton is the only route that has an ACEC, the most amount of waterway crossings, and the highest per track mile cost. Clark noted that housing values for those not abutting will rise, and those abutting will fall. Clark noted he is opposed to this project.

Galbraith noted that most of the issues raised will be addressed in the environmental report, if and when the MBTA moves forward with this route. Galbraith noted the MBTA would be happy to meet again after the study is done, and will come whenever the Town wants them to.

Maria Marchand stated she is a Realtor and that houses become hard to sell if near RR tracks. She noted the Town needs to pull together as a "Town" not just those directly affected by the train. She encouraged the public to let the Selectmen know how they feel.

B. Gelman noted he abuts the property where the proposed station is in Easton, and stated that the Town needs to oppose the 138 station as well as the train through the Town. Gelman questioned if the MBTA has looked into a parking garage in Stoughton. Gelman expressed concern with the whistles blowing all day. Galbraith noted there is an overwhelming need for more parking, but Stoughton residents aren’t in favor of a garage, no more than Easton.

A resident of Kennedy Circle questioned if the change in the proposed route was political. He noted that as a State taxpayer he would want the MBTA to use the most cost effective route. He questioned what developers were told who build homes near RR tracks.

A resident of Main Street noted she is a commuter and she doesn’t see the need for more accessibility, and is opposed to this project.

A resident of King Ave. noted that he guessed that people from Fall River/New Bedford would still use their cars to commute.

Galbraith noted the following ridership

New Bedford - 600, Fall river - 620, E. Freetown - 430, E. Taunton - 875, Raynham - 300, Easton - 1100.

Galbraith noted that commuter rail is typically worker related and that is why there is limited Saturday service. Galbraith noted that Stoughton is the only commuter line without any Saturday service.

J. Kent questioned if the Greenbush line is still viable. Galbraith noted the MBTA expects to file an environmental impact report in either Sept. or October, and will be at 30% design completion by the spring. Kent stated, let’s ask our Legislators to look at the Brockton line first, before Easton.

R. Hill noted that he read the study several times and finds it incredible as a professional engineer of many years. Hill noted that if the numbers are as the study/consultant says, he will be surprised. Hill noted the $440M doesn’t pay attention to the increased traffic on Rt. 106, Depot Street, etc. Hill noted that no where in the study is money for bridges allocated. Hill noted that bridge costs are expensive and not even accounted for in the study. Hill noted there would be 16 grade crossings in Easton and Raynham. Hill noted that Raynham should be an ally to Easton, and that we need to work together to have all our questions answered. Galbraith noted that the 138 bridge is included in the report. Galbraith noted there is a 25% contingency cost built into the total project which is approx. $100M. Galbraith noted this money would address any extras i.e., bridges, that would be necessary for the total project.

Selectman DuPont noted he would look forward to a joint meeting with Easton and Raynham.

Resident of King Ave. questioned why the trains stopped running in the 50’s. Galbraith noted it was due to the advent of the automobile. The resident noted that he thought it was due to a freight train accident. The Resident questioned if the MBTA will be taking land to widen the tracks. Galbraith noted not as far as she knows. Resident noted he wants a presentation with overheads with graphics which shows abutters, impacts etc. The resident questioned what percent of the Attleboro line is live. Galbraith noted that all but 2 miles, but it will be the same cost as the Easton route. She explained this is due to the fact the tracks are in such disrepair and will need to be completely replaced. She noted that the Attleboro line needs additional double tracking.

A resident questioned who actually makes the final decision.

Paicos noted we need to unravel the issue that this is for economic development. The fundamental issue is that it is not cost beneficial. Paicos noted that our Legislators present have heard the message tonight but we need more meetings in Town as well as with other communities. Paicos noted we need a strong grass roots effort. He suggested taking the 3/97 report and breaking it down, item by item and show that financially it is not responsible.

D. Feeney of Keating’s office noted the Senator’s phone # and encouraged people with questions to call. He noted the Senator will also provide copies of the 3/97 report. Feeney noted that commuter rail service to Fall River/New Bedford is by no means a foregone conclusion. He noted that Ch. 205 of the Acts of 1996 directs the MBTA to send any railroad lines through Middleboro by law. He noted the Legislature authorized $136M to complete this, and nothing else has been authorized. Feeney noted that will not change unless the Legislature authorizes it. Feeney explained that the MBTA is under the Executive Branch and Policy is not set in the Legislature. Feeney noted that citizens should express any concerns with the Executive Branch and encouraged all to send these concerns to the Executive Branch.

Sen. Creedon noted that the key is for residents to get involved. He noted that this past week he spoke with four residents who didn’t know anything about tonight’s meeting or the railroad line. Creedon noted the need for a grassroots opposition effort, to be sure there is nothing left to chance. Creedon noted that the Town has their Legislators support, but the Legislators need the Town’s support.

Webster encouraged people to get petitions with signatures to bring to the Legislature.

Leigh Bader noted that on his property at golf course, approx. 4000 trees would have to be cut down if the train were to come through. Bader noted he has to operate his golf course under strict scrutiny due to the ACEC, and the fact that the State/MBTA wouldn’t have to abide by the same is unbelievable. Bader questioned what does it take to stop the train.

Galbraith noted that the issues could be safety, community concerns, financial, environmental.

In response to a question, Galbraith noted that the ridership figures are derived from the 1990 US Census. Galbraith also noted that the figures include a combination of new riders and riders coming to Easton that previously went to Stoughton, Canton etc.

Resident questioned if it is mandatory to blow whistles at RR crossings. Galbraith noted yes in the existing ruling but there are new discussions that may change that rule in the future.

Resident noted that the people need their elected officials to lead the effort for the Town.

Resident questioned what the MBTA land taking policy is, and how many feet from the center of the track is necessary. Galbraith noted she wasn’t sure if there was a set policy. Galbraith noted the right-of-way is wide enough to do what the MBTA needs as far as she knows, so there should be no need for additional land takings at this time.

K. Wood questioned if freight trains would be allowed. Galbraith noted the MBTA doesn’t encourage freight, but they don’t have total control.

Tufts polled those present and the majority of attendees were opposed to commuter rail coming through Easton.

At this point in the meeting, Selectman Hunt returned to the meeting.

F. Willey, J. Russell, J. DunKley in attendance.

Paicos summarized the proposal he had submitted to the Board and noted his recommendation. Hardin noted he liked the idea of the YMCA using the building in the meantime of selling the building. Hardin noted that the YMCA may need to negotiate with new owners in the future. Russell noted that the YMCA understands that. Hunt noted she thought the costs would be given that were in compliance with the Town Meeting vote. Hunt noted that triple net means that the landlord doesn’t pay any expenses. Hunt noted she re-worked the figures and came out with almost the same total amount as Paicos. Hunt noted that the lessee is responsible for snow removal and there needs to be a provision that if expenses exceed the estimates the YMCA will be responsible and that the YMCA will be responsible for paying Central Maintenance for "house calls". Hunt noted that an organization renting space always gets insurance naming the Town as an additional insured. Hunt noted she didn’t understand the capital expenditure. Hunt asked that the use be spelled out because she thought it was for after school day care, but the space utilization plan shows from 5-11:30PM a teen center/game room with activities. Hunt noted this was not what she had anticipated and was concerned that this will cause neighborhood issues to arise. Hunt noted she thought this was to provide a stop gap measure for day care issues, and stated she wants this kept to just that. Paicos noted he only reviewed this from the perspective of the financial issues, not program use. Russell noted the YMCA is currently running teen programs and they are not looking for block parties, dances, etc. Russell noted they want to create space for kids to meet and participate in programs such as problem solvers, computer labs, not to start a loud party place for teens. Russell noted the YMCA currently has 39 children in day care, and have a waiting list of another 40. Russell noted this isn’t just a stop gap for the current program but an expansion of that program. Russell noted that 39 children in a day care would not support $20,000 rental.

Hunt noted she has a problem with expansion of the programs other than day care. Hunt noting the proposed activities on the program proposal stated she can’t support additional programs beyond day care. Willey questioned what the fundamental problem is. Hunt noted that day care closes at a set time and neighbors haven’t been consulted RE: other programs. Hunt noted this isn’t permanent placement for the YMCA. Hunt noted the Town needs to make permanent plans for that building. Willey noted the YMCA isn’t viewing this as a permanent home, but as a way to meet the community needs. Russell noted the YMCA has been a good neighbor on Barrows Street for 15 years. Clark questioned what the amount the YMCA agrees to is. Willey noted $21,600. Willey noted that services such as custodial and snow removal the YMCA will pick up. Webster noted that Town Meeting stated that in the meantime of selling the building, it was OK to lease at triple net, but that the Board’s discussion should be related to the issuance of an RFP first and interim use second. Webster noted she wanted the cost analysis as follows: 1) what it cost as a school, 2) what the cost is if the building is vacant. 3) what the cost will be for the YMCA’s use.

Paicos noted this is a good financial deal for the Town, and is even a better deal than the Town Meeting vote allowed. Webster noted she wants any additional costs incurred to be paid by the YMCA. Webster questioned the "security patrols" being done by DPW. Paicos gave an explanation stating this involves building issues not vandalism. Paicos noted there could be pipe leaks, boiler problems, etc., not necessarily intruders. Tufts noted the letters he received from several organizations/neighbors in favor of the YMCA’s use of the building as well as several letters of support from parents/individuals. Tufts expressed concern that down the road those same supporters would organize and oppose a proposed sale of the building in the future. Russell noted that the YMCA doesn’t want to do anything to oppose the Selectmen, and promised there wouldn’t be a letter campaign against the Selectmen selling the school building. Paicos noted that the cost of mothballing the building will be approx. $50,000/yr. Paicos noted that if the YMCA comes in there will be $21,000 in revenue and the Town won’t have to purchase the $22,000 insurance policy. Paicos noted that absent the YMCA the Town will spend a lot more than with the YMCA.

Hardin expressed concern with a youth center being established. Russell noted the YMCA is not proposing a drop in center, but rather structured programs i.e., karate, computer lab, etc.

Hardin’s motion, seconded by Clark, to accept the proposal at $21,600 with all maintenance, snowplowing and any additional costs for the estimated costs i.e., electricity, heating, etc., will be assumed by the YMCA, and YMCA will provide a liability policy with the Town named as additional insured, and Central Maintenance is to be paid for "calls" by the YMCA above the money already in the formula, was not voted at this time.

Hunt noted that the triple net concept has all costs being placed on the person occupying, and that she wants to restrict the use to day care.

There was much discussion RE: proposed uses beyond day care.

Russell noted the YMCA is already running teen programs on Barrows Street. Willey noted the proposed use plan was submitted back in April to the Board, and the programs will be problem solvers, karate, computer labs, teens in government etc. Tufts noted he doesn’t want to regulate the use with the lessee. Webster noted she wants a lease agreement written out RE: costs, use, times, etc.

At 11:50PM, on Clark’s motion, seconded by Webster, the Board voted unanimously to adjourn.

APPROVED________________________________

DATED_________________________________