BOARD OF SELECTMEN
MEETING MINUTES
AUGUST 19, 2002
The Board of Selectmen met this evening with Chairman Jeffrey Tufts presiding. Also in attendance were Carla Goodwin, Patricia Webster, Gerard Marsan, Leo Harlow and Town Administrator Kevin Paicos (7:00PM).
Tom Duebler of North Easton Savings Bank and Hazel Varella of the Historic Society present. They explained the important history of the cane and presented to the Selectmen on behalf of the Town. The reproduction of the cane is the result of lots of hard work by the Easton Historic Society, Historical Commission , Town Clerk Jan Linehan and the donations by the North Easton Savings Bank. Varella suggested that the award of the cane should be presented to the oldest person of the community and must be a resident for at least 10 years. The Board of Selectmen accepted the cane and will be responsible for awarding a certificate of some type to the recipient of the cane in the future. Marsan commended the parties involved and agreed with their suggestion of keeping the cane at the Town Offices for display.
On Webster’s motion, seconded by Goodwin, the Board voted
4-0-1 to approve General Minutes dated 7/22/02. Harlow abstained.
On Webster’s motion, seconded by Harlow, the Board voted 4-0-1 to approve General Minutes dated 8/5/02. Tufts abstained.
On Goodwin’s motion, seconded by Marsan, the Board voted unanimously to table Executive Session Minutes dated 8/5/02.
On Webster’s motion, seconded by Harlow, the Board voted unanimously to approve Executive Session Minutes dated 6/3/02.
Applicants Nancy & Steve Warner present.
Tufts noted the sub-lease proposal for property at 1 Belmont Street and read comments by various departments. Reduction in seating was noted. S. Warner noted that the existing Honey Dew is an established business and they are ready to begin construction pending the license.
On Harlow’s motion, seconded by Webster, the Board voted unanimously to approve the Common Victualler’s License, subject to final approval by the Board of Health, Fire and Building Departments.
None
Applicant Ed Crowley present.
On Harlow’s motion, seconded by Webster, the Board voted unanimously to approve the application for 6 electronic games as requested.
On Harlow’s motion, seconded by Webster, the Board voted unanimously to approve the yard sale request for 10/19 along with the fee waiver and the temporary sign request at the S-Curve and Main/Washington Street locations.
On Webster’s motion, seconded by Harlow, the Board voted unanimously to act as Water Commissioners.
DPW Director Wayne Southworth and Water Superintendent Jack Marsh present. Southworth referred to the information in the packet and noted that they are almost pumping at capacity. The Water Department is proposing to restrict outside watering for automatic sprinklers allowing use from 4-7am and restricting with the odd/even system also. Hand held hoses can be used any time. Harlow asked about the need for enforcement and suggested a warning and then further violations would result in water shut off and them imposing fines when the water is turned back on. Southworth noted that the bylaw includes penalties.
On Harlow’s motion, seconded by Marsan, the Board voted unanimously to approve the recommendation of the DPW/Water Division. Marsh noted that the press releases have been prepared and are ready to go.
Wayne Southworth and Jack Marsh present.
Harlow motioned to award the bid to the low bidder S.G. General Contracting in the amount of $878,905.46. Goodwin seconded the motion.
Harlow questioned the pending bid protest and the effect it would have on the work beginning. Southworth reported that he does not believe the protest will go any further. Webster referred to Counsel’s memo regarding the protest and questioned if the bid had already been awarded. Southworth reported nothing had been award as it has been pending the Selectmen’s approval. Marsan asked for clarification of the project. Southworth reported the intent of the project was to reinforce the existing water supply on Depot Street from the intersection of Central Street to Purchase Street and then further on to Purchase Street entirely to the W. Bridgewater line, replacing undersized cast iron water mains. The new 12” pipes will complete the master plan and provide increased fire protection in S. Easton. Once completed, Purchase Street will be resurfaced. The project will not be completed until the next construction season.
The Board voted unanimously on the motion to award the bid.
The Board took a brief recess at 7:25 and reconvened at 7:30pm.
Attorney Lou Dayokannis present, representing the applicants, Mr. & Mrs. Sunil Patel.
Tufts noted the receipt of the certified mailing along with comments from the various departments. It was noted that the Fire Department had an issue with the testing of the sprinkler system. Dayokannis expressed the applicants plan to expand the existing location with the intent to improve the property. They are in the process of cleaning up the premises and the beer and wine license will be an improvement. The Board member asked questions about the location of the coolers and the experience of the owners in the liquor business. Mr. Patel indicated that he has worked in other establishments where beer and wine was sold and he and his wife plan on taking the TIPS course in September. Goodwin asked about the bathroom facility and if it were handicapped accessible. She suggested he expand the size of the door as the plan as submitted does not provide for handicapped accessibility. Dackoyannis indicated that the change could be made without a problem.
On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to approve the Beer and Wine license, subject to the following conditions 1. CORI received with no problem 2. Fire Department satisfied with the sprinkler system issue 3. handicapped accessibility with respect to the bathroom door
4. final inspections by the Board of Health, Fire and Building Departments.
Tufts noted the seriousness of serving to under aged individuals and stated that the Board has the right to impose warnings and suspensions on establishments that do not comply.
At this point, Tufts noted no other individuals present in favor or opposed to the application.
Paicos noted that the current contract expires on 11/30/02 and the Chief Procurement Officer is asking to be able to lock into an agreement with prices when the market is most favorable at which time we would lock in.
On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to authorize a lock-in rate when appropriate. Paicos commended W. Nightingale for her efforts and noted that he would report back to the Board at the appropriate time when we lock in at a rate.
The Board discussed the upcoming neighborhood meeting regarding the landfill. Paicos explained that the panel will consist of the DPW Director, Asst. TA, 2 landfill committee members, the Contractor, a representative of CDM. Landfill Committee Chairman H. Mehler announced that the general public is also welcome to attend the upcoming meeting. More detailed information will follow. The Board discussed the balance sheet and Harlow noted that the public should be aware of what is being spent.
Tufts read the notice regarding the proposed change to the Town Administrator residence requirement as it appeared in the paper. (see attached). Tufts noted no individuals wishing to speak in favor or opposition.
On Webster’s motion, seconded by Goodwin, the Board voted 4-1 to recommend Article 1of the STM Warrant. Harlow opposed.
Paicos noted the mistake in the state aid money as indicated in the cherry sheet. An amended cherry sheet will follow. The actual loss is now down to $120,000, not what was originally reported. He noted that the shortfall amount is money not in the current budget. In addition, the current budget was balanced with $400,000 of one-time money. Paicos predicts the state aid will be cut again next year and he does not suggest using free cash to fill the current gap. He noted that Moody’s reduced our bond rating because of the depletion of reserves and failed overrides and it is likely that our rating will be lowered again. Paicos reported that he has suspended recruitment of three positions: Police Officer, Part-Time Health Inspector and the combined Planning/Building Secretary. Paicos suggests filling the clerical position but does not at this time recommend filling the Police Office or Part-Time Health Inspector position as we are running the risk of having to lay-off again next year. He referred to a previous discussion with the Board where the Board asked that the Town Administrator update them on vacant positions. Tufts suggested that the Board meet with the Finance Committee and School Committee immediately. Marsan agreed with Tufts and Paicos and that we not go forward with the new hires until a joint meeting is held with Finance and School Committee. Goodwin suggested selling some land as a way to produce income and further suggested revenue enhancing in lieu of cutting. The land option was discussed as a possibility but noted that it is one-time money. Webster suggested having the meeting, prior to the Town Meeting, as all the necessary boards would be present anyway along with Town Department Heads. The consensus of the Board was to try to meet prior to Town Meeting next week. Paicos reported that he is going forward with the recruitment of the Fire Chief, as it is necessary.
Attorney Mike Malloy representing Union Villa, Doyles, May East and Spoletos was present. Malloy suggested that the Board support the amendment and it is critical that the Townspeople understand the amendment. Mike Richard of Union Villa spoke of his business and the impact that the new smoking ban will impose. He suggests that the Board of Health review on a case-by-case basis. He expressed great concern with the potential loss of revenue.
Chuck King – 41 Kennedy Circle asked the status of the existing bylaw and the approval of the Attorney General (AG). Paicos noted that it was approved approximate 3 weeks ago and noted that prior to the approval, the amendment petition came in. The smoking bylaw has not been enforced at this point.
Bill McAndrews – 16 Spooner Street spoke against the present bylaw and considers it a moral issue. He spoke of the Town Meeting where the bylaw was adopted. He asked the citizens to support this amendment.
Paicos noted that the new bylaw has not been enforced yet. If amended at Town Meeting, there will probably be a period of time for the AG approval and no enforcing will take place until that point.
Lori Costa – 38 Seaver Drive spoke of the amendment. She expressed concern that if the Board of Health (BOH) has the authority to reject one establishment and not another. She is concerned with them being swayed by the public opinion. Malloy expressed full confidence with the BOH. There was much discussion by the Board regarding BOH deciding the exceptions. Clause #4 of the amendment was discussed at great length. Tufts expressed concern with the businesses in town and their livelihood. He noted that many other towns have not passed this type of bylaw and patrons may bypass Easton businesses under the current bylaw. He suggested encouraging new business to be smoke free. He noted that we must look at what we may be taking away from existing businesses.
Aaron Kawalek – 137 Highland Street stated that he is a major salesman and travels throughout big cities and businesses have proven to survive, with a smoking ban. He suggested that Easton can set an example for our neighboring communities. This smoking restriction is not something out of character with what is going on all over the country. Tufts noted that he understands his comments but stated that the Selectmen have a job to make sure that we do not impose hardships on these businesses. Kawalek indicated that the other communities who adopted the bylaw dealt with the same concerns. Marsan suggested that this is a public health issue and noted the great food served at some of these establishments and that he cant enjoy it because of the smoking environment. He noted that he supported the bylaw at Town Meeting. He noted that if the BOH gives one exemption, they would have to consider the others also. Marsan did not feel that the business will suffer but they will need to adjust. Mike Richards of the Union Villa spoke of businesses in other communities and the fact that this smoking bylaw will hurt the businesses.
Bill McAndrews agrees that this issue is a pubic health issue and it is a choice not to frequent these establishments.
Diane Bielski – 23 Crestwood Lane read a statement (see attached). She noted flaws in the proposed amendment and noted that the BOH should be protecting the health of citizens. She specifically noted the statistics of health issues related to second hand smoke.
Maureen Papineau – 43 Rockland Street agreed with Tufts on this issue. She noted that Easton is a small town and we need to be concerned with the businesses. She frequents these establishments and noted that it is a choice to smoke. She expressed concern with Town Meeting dates and noted the times are difficult fore people to attend due to vacations and children in sports. We do not have the right to tell people not to smoke. Webster acknowledged all for being present. She has been a loyal customer of all of these establishments. Her position on the issue has not changed and a smoking ban is not a new concept. As stated earlier, Webster struggles with the concept of smoking and how it personally has affected her family members with lung cancer. She is also concerned for the businesses. She noted that smokers do not have the right to expose us all to second hand smoke. Webster’s position is to promote the general public health and this amendment circumvents the original proposal. Tufts felt there should be a compromise somewhere. He suggested that the current smoking ban is enforced, customers will go outside to smoke and security becomes an issue.
McAndrews agreed with Webster from a nursing standpoint. He indicated that he was a bartender for over 40 years. He also lost a father to lung cancer. McAndrews sees this as a matter of choice and people can go elsewhere down the road if they do not like the smoke. At this point Malloy asked to keep existing businesses in business and let everyone have the freedom of choice.
On Goodwin’s motion, seconded by Harlow, the Board voted 4-1 not to support the amendment (STM Article 2). Tufts opposed.
Paicos asked for the Board’s guidance on this issue relative to Selectmen calling Town Counsel directly. Harlow referred to Article 3, Section 3-2(d) of the Easton Home Rule Charter and the appointing authority of Town Counsel. He suggested that if Town Counsel cannot do a job for us, the Town Administrator (TA) is supposed to come to the Board to get permission to get Counsel according to the charter. Tufts referred back to when M. Lincoln was Counsel and the dollar difference. Counsel became a different situation when we went to a firm. As discussed in the past, it was agreed that the TA would give departments permission and decided if they could get to use Town Counsel. There was also a “gentlemen’s agreement” that Board members would not go and allocate resources without permission. Harlow indicated that no Board vote was taken regarding this issue. Harlow felt that in contacting Town Counsel, he did not overstep his bounds and noted that he very rarely calls Counsel. Marsan suggested that we review our polices from time to time and suggested that the subcommittee for legal counsel could discuss this matter. Marsan suggested that Counsel contact should be through the Chair or the TA if he/she is not available. Webster referred back to when we interviewed for new Town Counsel. The Board understood the costs and the members understood the restraints. She noted that Selectmen do have a right to get ethics opinions. Another example of going directly to Counsel would be negotiations with the Town Administrator. She noted that the situation could have been handled better if communication had taken place, without discussing it under these conditions as an agenda item. Goodwin agreed with Marsan that the subcommittee could draft a policy.
TOWN ADMINISTRATOR NOTES
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Ryan McLane of the Enterprise asked if a department notes inaccurate reporting on his behalf, to please notify him first before announcing the issue in a public meeting.
Goodwin referred to the “Welcome to Easton” maps and thanked the Town Clerk’s Office for arranging the publication, free of charge.
Marsan indicated that he continues to be impressed with Town Employees and how they are responding during this fiscal crisis. He also encouraged all citizens to attend the upcoming STM on 8/26/02 at 7pm at the OAHS.
Harlow noted that the Easton Huskies made it to Michigan for championship games. Also, the boys under 12 baseball team did very well this year. He expressed congratulations to both teams.
KP left at this point of the meeting.
The draft ad was discussed. Tufts asked that all Board members go through the Chair while working on the recruitment process and noted the importance of having all material included in the packet each meeting week. Tufts also noted that as part of the screening committee, a staff person will be assigned as a liaison and noted the importance of having the staff person attend all the meetings and help while processing the paperwork. It was agreed that A. Carney will be asked to serve. Tufts will contact her.
On Harlow’s motion, seconded by Webster, the Board voted unanimously by roll-call to adjourn Open Session and go into Executive Session for the purpose of discussing Executive Session Minutes, Contract Negotiations and Pending Litigation, not to return to Open Session. (9:45pm)
Marsan yes, Harlow yes, Tufts yes, Webster yes, Goodwin yes.
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APPROVED
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