The Board of Selectmen met this evening with Chairman William Hardin presiding. Frederick Clark, Jeffrey Tufts, Patricia Webster and Carla Goodwin were also in attendance.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve general minutes dated 6/8/98, as amended.

On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve general minutes dated 6/22/98.

Al Krajcik, Lonnie Ataman and families were present along with Chief Bates. Chairman Hardin commended both Krajcik and Ataman for their recent awards from the second annual New England Law Enforcement Games as indicated in a recent article in the Easton Journal. Both won silver awards. Krajcik noted that along with the fun, they hope to encourage more police personnel to participate along with personnel from other communities.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve the request along with the waiver of certificate of occupancy for the Harvest Fair to be held on 10/4/98.

Town Counsel Marty Lincoln present. Paicos explained the current policy. Tufts suggested that there was a policy in place and it has not been carried out. Clark expressed concern that once the issue discussed in Executive Session and is resolved the minutes should be voted to be released. Clark referred to Lincoln’s opinion #16 dated back to 1990.

Lincoln suggested that the Board review Minutes from time to time to see if the purpose has been completed. If completed, there is no longer a reason to keep the minutes in Executive Session. A vote should be taken to release the minutes at that time. Goodwin asked for clarification of the current procedure.

Clark motioned to release all Executive Session Minutes except the current minutes containing information we feel should not be released. Hardin seconded the motion for discussion purposes. Hardin noted that the Clerk of the Board used to pull the minutes proposed for releasing in Executive Session.

Clark withdrew his original motion.

On Clark’s motion, seconded by Goodwin, the Board voted unanimously to have the Clerk go through the Executive Session Minutes and make the determination to see which minutes may be able to be released.

Goodwin suggested that the Clerk should analyze the routine and come up with suggestions on how to better handle the situation.

Clark questioned if the references had been checked and asked the Administrator to check on the amount on the past cleaning contract. Paicos noted that references are checked on all vendors.

On Goodwin’s motion, seconded by Tufts, the Board voted unanimously to approve the contract for Sunshine Cleaning in the amount of $22,800 for the Town Office and Police Department.

Board of Health Director, W. Saucier present. Saucier’s letter dated 6/18/98 was read by Clark. Clark questioned how the current pool acts as a liability to the Town. Saucier explained that the current pool does not meet the regulations to permit it and it is currently running without a permit. It is not a closed system and does not run through filter and therefore did not meet the criteria to license it as a pool. He referred to it as more of an aquatic facility. He noted that the Board of Health has not issued a permit for the pool over the last several years. He indicated that the Board of Health had nothing to do with the recent closing of the pool. Over the past few years, Saucier had recommend reducing the amount of chlorine in the system. Paicos explained that due to the recent heavy rains, problems have come up at the pool and has caused the need to shock the pool to try to clear the water. The water had a heavy iron content and was not clear. The pool can be operated in the Town but more as a spring fed pond. Paicos indicated that a capital budget request would be submitted for Fy’2000. If approved, a new pool could be built shortly thereafter at the same location. Once the new pool is built, the Board of Health can permit it and it will be easier to operate and become more cost effective. He estimated the amount to be well over $10,000. Clark questioned whether this capital request would be submitted by the Recreation Department. Paicos suggested that it probably would be submitted by Recreation, as they are 100% in support of this idea.

Tufts motioned to operate the pool in the same fashion as in the past until years end. There was not second to the motion at this time. Hardin indicated that the pool poses no health problem and therefore would require no action to be taken by the Board.

Mr. Nick Mirrione present.

Clark read Mirrione’s request letter dated May 18, 1998. The Conservation Commission, Planning & Zoning and Historic Commission comments were read.

Hardin noted that the land was proposed for development in 1987. The residents were opposed to the development at that time and the Board of Selectmen at that time indicated that the area would not be developed. Hardin felt that the residents should be notified of any developments in this area.

Clark felt that Town Counsel should review this proposal.

On Goodwin’s motion, seconded by Tufts, the Board voted 3-2 table this discussion per notification of the area residents. Clark & Webster opposed.

Mr. Nick Mirrione present.

Mirrione explained that an Association has been established to maintain the lights. The lights are not stocked be Eastern Edison and replacements will be made by the Association. Eastern Edison will bill the town on a monthly basis as it does for other street lights in town. Paicos spoke in support of the proposed lighting and felt they would be an asset to the community.

Tufts expressed concern with the height of the lights for safety purposes.

On Webster’s motion, seconded by Clark, the Board voted 4-1 to support the request for street lights, stop sign and street sign, as suggested in Mirrione’s memo dated 6/11/98. Tufts opposed.

Paul Mullen present. Mullen expressed a desire to serve as an Alternate to the ZBA and considered this an opportunity to further serve the Town of Easton as a citizen. Goodwin asked if he anticipated any conflicts of interests that would interfere with him participating on ZBA hearings. Mullen stated that there were no conflicts that he was aware of at this time.

The Board voted unanimously by roll-call to appoint Mullen to an Alternate Position on the ZBA for a two year term. Goodwin in favor, Tufts in favor, Clark in favor, Hardin in favor, Webster in favor.

Walter Mirrione present. Mirrione gave a brief description of his background in land use and stated that he is a practicing attorney in Brockton. He noted for the record that he does not and has not for quite some time appeared before Town Boards on behalf of Developer Nick Mirrione. Goodwin asked if there were any conflicts he was aware of that would cause him to recuse himself often. Mirrione replied that there were no conflicts that he was aware of . He indicated that he does not represent clients that come before the ZBA. Tufts expressed great concern that Mirrione’s decisions may set a precedent for other cases in Town.

Mirrione indicated that he is no longer an employee of Nick’s and has his own law practice. When asked if a relative were to come before the ZBA if he would recuse himself, Walter indicated that he would. Paicos asked why Mirrione would be interested in serving on the ZBA. Mirrione stated that this is the field that he works in and enjoys this kind of work. He felt he could add something positive to the ZBA. Paicos asked if he were not appointed to the ZBA would he be interested in serving on another committee. Mirrione stated that the ZBA was what he was really interested in but would have to think about another committee or board.

Clark referred back to the ZBA a few years ago and noted that the granting of Special Permits & Variances had been high. He stressed the importance of the ZBA to be careful that all the criteria has been met before granting these permits.

There was much discussion among Board members re: potential conflict.

On Clark’s motion, seconded by Webster, the Board voted 3-1-1 by roll-call to appoint Walter Mirrione to fill the vacant unexpired term on the ZBA. Tufts opposed, Clark in favor, Hardin in favor, Webster in favor, Goodwin abstain.

Paicos explained the request by the association for the no parking. There had been ongoing discussions between the residents and the safety officials regarding crime problems.

On Goodwin’s motion, seconded by Webster, the Board voted unanimously to accept the no parking ban from dusk to dawn on the following streets: Norton Ave, Pinebrook Lane, Meadowbrook Lane, Hilltop Lane. This no parking ban would be in effect for the period of one year.

Paicos indicated that this request was voted unanimously by the Traffic Safety Committee. Paicos stated that the request came from several of the area residents. Board members asked which determining factors were used by the Traffic Safety Committee in making their recommendation. They also expressed great concern what impact this no parking zone would have in the area in conjunction with the Main Street construction.

On Clark’s motion, seconded by Goodwin, the Board voted unanimously to table this discussion and go back to the Traffic Safety Committee for further information and to have the Administrator get a copy of the petition submitted by the neighborhood.

On Clark’s motion, seconded by Webster, the Board voted unanimously by roll-call to reappoint David Brown to the Cable TV Advisory Committee.

The Board discussed at great length what they considered gray areas of the policy. The items in questions were as follows:

What exactly is safeguarding a known victim?

What is appropriate discipline?

Who exactly is the Domestic Violence Advocate?

Who is the Family Violence Task Force Member?

Under Decision - Who represents the Town?

Is there counseling available?

Is this policy in conjunction with the EAP Program?

Paicos explained that this policy is much like the State’s policy and has been endorsed by Labor Counsel. Paicos stated that the Task Force has worked very hard on this policy for the last year. He reiterated that this policy is designed for protection and was not intended the purpose of firing somebody. Tufts expressed concern with the names listed on the policy and suggested that they be added as an addendum to the policy.

Paicos will add clarity to the list of Family Violence Task Force Members and the Domestic Violence Advocate. Anywhere the name Parker is listed it will be changed to Papagno. Under Section IV, C. Decision, the word discharge will be deleted and "counseling as well as discharge" will be added to the end of the sentence. Paicos explained that the Department Head or Supervisor would confer with the Administrator or Labor Counsel before making a final decision.

The Board agreed with the changes to be made to the policy.

Paicos distributed a press release which was issued today updating the water situation. The water had traces of Ecoli, probably due in part to the recent heavy rain fall. The water has been retested and has been cleared of contamination but will continue to be chlorinated for now. Hardin indicated that Water Superintendent Wayne Southworth was away on vacation during this occurrence and commended Assistant Water Superintendent, Jack Marsh for his outstanding performance during this situation. Hardin noted that Marsh notified him of any new information as it was known to him. Clark expressed much dismay that he was not notified of the situation until Friday evening, July 3rd. Other Board members were notified at that time and were satisfied with the notification and further indicated that they contacted the Water Department or the Selectmen’s Office for updates. Paicos explained that the contaminated water sample was not confirmed until July 3rd. Clark asked that the following questions be followed up on:

1. How often is the water tested?

2. Can we purchase a stockpile of chlorine so that we are not in the same situation if this were to occur again?

3. Will there be a change in water testing procedures in the future due to the fact that the heavy rains may have caused the contamination?

Paicos stated that he would get a detailed response.

On Clark’s motion, seconded by Hardin, the Board voted 4-1 to support the bid as proposed. Tufts opposed.

On Town Counsel’s advise, it was decided to this personnel issue in Executive Session.

Goodwin noted that road work was being done on Depot Street. Paicos stated that a wearing surface was being placed. Goodwin asked about the status of the cable hook-up issue with Chris Margulies. Paicos noted that the discussion was scheduled for August 10th.

Tufts asked for a streetlight maintenance update. Paicos will check on this issue.

Tufts also noted that the water main construction on Rt. 106 was being left in a very dangerous state at the end of each day. Tufts also noted that many people had donated money for a fundraiser for a family friend with cancer. He announced that "Heather" is doing very well.

Easton Country Estates Update - Paicos indicated that there were a few issues. He stated that the developer had filed suit in Federal District Court. A mediation session was recently held.

On the current Easton Country Estates project, deficiencies have been noted and the developer has submitted a list of what he believes are such deficiencies. The Town’s Attorney is working with The Developer’s attorney. The second issue is that the developer has asked for a modification of the project and the Town has not yet received a letter from the DHCD. On Phase II of the project, the developer has submitted an application for another area for LIP development. The application was deficient and did not meet the filing criteria. The question asked is whether the developer thinks this is a sufficient application or is he asking for to waive the filing criteria.

On Tufts motion, seconded by Webster, the Board voted unanimously by roll-call to go into Executive Session and to return to Open Session for the purpose of negotiations with non-union personnel and litigation. Clark in favor, Hardin in favor, Webster in favor, Tufts in favor, Goodwin in favor.

(11:00 p.m.)

The Board reconvened open session at 11:50pm.

On Tufts motion, seconded by Goodwin, the Board voted 3-2 to approve the job description as submitted for Assistant Town Administrator. Clark and Webster opposed.

On Goodwin’s motion, seconded by Tufts, the Board voted 3-2 to waive the 30 day notification period re: change of personnel and to assign Martha White to the position of Assistant Town Administrator. Clark and Webster opposed.

Webster expressed concern with not advertising the position. Paicos stated that he will get a written opinion from Marty Lincoln on this matter.

On Tuft’s motion, seconded by Goodwin, the Board voted unanimously to adjourn at 12:05a.m.

APPROVED_______________________________

DATE_______________________________