Board of Selectmen

Meeting Minutes

8/22/05

 

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office, 136 Elm Street, Easton, MA with John Haederle presiding.  Also in attendance were Charles King, Colleen Less, Irwin Cohen and Town Administrator Martha White.  Colleen Corona was not present.  7:00 pm

 

Verizon New England Inc./Massachusetts Electric Co., pole relocation – P145 Foundry Street

Right of Way Manager JoAnne Robidoux was present. Robidoux explained the request to accommodate the new Walgreens store to be located on Foundry Street in the five corners area.

On King’s motion, seconded by Cohen, the board voted unanimously to approve the request for the pole relocation.

 

Common Victualler application – Lukoil Mini Mart –  675 Washington Street

Applicant Mohamed Khan and Asad Hussein were present.   Hussein noted he is working on the outstanding issues with the Building Department with respect to the second means of egress. A final inspection is required.

White noted we would hold the license until all the issues have been addressed.

On Less’ motion, seconded by King, the board voted unanimously to approve the license contingent upon resolving the outstanding egress issue with the Building Department. 

 

Common Victualler application – Easton Lucky Corner – 670 Depot Street

Applicant Peter Wu was present and explained his intent to open at the new location. White noted the Fire Department, Board of Health concerns and the final inspection required by the Building Department.    Wu explained his intent to open in a few days after all issues are resolved. 

On Less’ motion, seconded by Cohen, the board voted unanimously to approve the license subject to the outstanding Board of Health/ Fire Department concerns and the final inspection by the Building Department.  The board noted that the license would be for take out only, no inside seating.

 

Lothrop Street re-opening

White announced that Lothrop Street, in the area of the Oliver Ames High School, reopened today.

 

Minutes

On Haederle’s motion, seconded by King, the board voted 3-0-1 to approve general minutes dated 7/25/05.  Less abstained.

On King’s motion, seconded by Less, the board voted unanimously to approve general minutes dated 8/8/05.

 

Meeting with Human Resources Board (HRB) to discuss non-union wage study – comparison communities

White explained the HRB would not be present this evening.  White explained the new information.  After follow up with Chair of HRB and the non-union wage study consultant, they are in agreement that Westford and Wareham could be taken off the list of comparison communities.  Less asked the rational behind the number of the communities that were selected.  White explained the issue of the median income and the concept of using this as a guideline for a community to be able to pay salaries. The consultant doesn’t agree that this is the case.  White explained the need to be competitive in the market; if employees retire, the wealthier communities do not necessarily pay more.  Less suggested that when teachers retire they are replaced with younger teachers at a lesser pay.  White suggested that the non-union group is different; there is not a large pool to pick from when vacancies occur.  Less referred to a conversation she had with members of Municipal Benchmarking, a company that does benchmark studies and they agree with using criteria 20% above and 20% below the median income when choosing comparison communities.   White reiterated that the consultant feels that he can move forward with the removal of the top and bottom communities.  The board agreed with taking Westford and Wareham off the list of communities to be surveyed.  See attached list.

On Haederle’s motion, seconded by Less, the board voted unanimously to remove Westford and Wareham from the comparison community list. 

 

Real estate transfer – intersection of Bay Road/Depot Street

White explained the proposed reconfiguration in the Depot Street area and the new CVS building.  White spoke of the 5 corners area road improvements.  She referred to the proposed realignment of this area, the CVS gift of land and a contribution of $75,000 to the town.  All of the money contributions will be used as grant match funds for the new road developments.  White asked that the board approve the attached letter of intent, acknowledging that the agreement would be subject to town meeting approval. The cost to the town would be $10.  White noted that the CVS entity would prepare the Form A plan and the deed.  White noted that they have begun to survey the intersection area.  This will not slow down design work for CVS.  White did note that the Mobil Exxon site would be affected by this change.  A side contract with VHB has been done to address their issues because their driveway, approved through site plan approval, will no longer be accessible.  White is working with Mobil Exxon and town departments to resolve the issues. Less expressed some concern with lack of traffic lights at this location as proposed.  White expects this new design to alleviate the current problem at that intersection.  King asked for clarification and suggested that this may help to bring the Bay Road traffic more directly onto Depot Street.  Less asked for clarification of the affect of the Exxon Mobil driveway.  White explained that this is a secondary driveway; there will still be a second access off of Bay Road.  White suggested that a stop sign might be installed at that intersection.  VHB will be preparing the design and the board will review this again.  King asked if we have the strips of land that conforms to the traffic design.  DPW Director Wayne Southworth noted that we are not taking any additional land for the right of way.  No additional land was needed from CVS for roadway improvements. 

On Less’ motion, seconded by King, the board voted unanimously to approve the letter of intent. 

 

American Legion Boys State Proclamation

American Legion Commander Bob Hicks was present.  Haederle read the proclamation.  Hicks, expressed appreciation for the board’s support and the public notice given.  Haederle noted that we have signed proclamation for each of the young men that attended Boys State in June.  Kevin Thompson was present and received his proclamation.  The board congratulated the boys for their involvement with Boys State.

 

Request to assent to modification of Presidential Path Subdivision

Robert Taylor of 10 Hoe Shop Street and DPW Director Wayne Southworth were present.  White explained the proposal to develop land in the subdivision known as Presidential Path.  State law provides that a modification cannot be made unless the other owners within the subdivision agree to the change.  Taylor noted that the other owners have agreed to the modification. The Town of Easton’s approval is required as some of the land in the subdivision is town owned.  The land is in the vicinity of one of our town wells.  White noted that the proposal is to allow Taylor to further develop land off of Reagan Road, consisting of another 3 lot residential subdivision.  This would consist of two house lots and one lot as a gift to the town.  The town has interest in this parcel because of the close proximity to the well.  Half of the land will be developed and the other half would be donated to the town.  Taylor gave an explanation of the original Presidential Path development and the new proposal.  Any new septic systems will not be in close proximity to the town’s well site.  Taylor noted that the land is under purchase and sales agreement, subject to getting the approval.  Southworth showed the 6.7 acre plan of the land on a map.  The town has 3 wells in this area.  Southworth showed the wells on the map and noted the importance of them to the town of Easton.  It was noted that the town acquired other land acquisitions in the past to help protect our well areas.    The closest lot to the well is 567 feet.  Haederle asked about certain zones.  Southworth explained the zones in detail.  Haederle expressed some concern with the proximity of the proposed homes to the wells.  Haederle suggested the Planning & Zoning Board originally put a restriction on this subdivision for a reason.  Haederle emphasized the importance of protecting the public water supply.  Taylor noted that he is looking for the simplest way to develop the property while protecting the town’s interest and suggested that the land will be built either way.  White reminded Taylor that the purchase and sales agreement is subject to obtaining permits.  Taylor suggested that he has modified subdivisions in the past without any problem.  Taylor suggested that the Planning Board could approve a modification of a plan.  Taylor referred to the land given to the town over the years and the benefit to the town.  Cohen asked Southworth’s opinion of the creation of two lots compared to four.  Southworth suggested a nitrate loading analysis should be done at some point and acknowledged that this could be an area of concern.   Cohen asked if the analysis should be done before the town makes a decision.  Southworth agreed that it should be done prior to a decision.  Taylor suggested that he shouldn’t have to do more to modify a subdivision than what has been asked of him in the past.  White explained the unique restriction on Reagan Road.  Taylor spoke of the requirement of a residential compound subdivision and that any member of the subdivision must be a member of the homeowners association.  The town land is marked municipal and open space.  White disagreed with the point that the land has been rezoned and the town is not a member of the homeowners association.  That subdivision could not have been proposed as a residential subdivision without giving the land to the town.  At this point, White suggested further study and review by counsel and moving forward with the hydro geological study.  Haederle agreed with further information needed to clarify that the septic systems would not have any impact on the water wells.  Taylor suggested he could work with Southworth and noted that he doesn’t want to delay the process.  King asked if this were approved, would it be an extension of Reagan Road.  White referred to the Planning Board original approval and the modification would affect the provision of the extension.  White has been working with the Town Planner on these issues.  The town doesn’t want to accept Reagan Road; it was built almost as a driveway.   Taylor suggested that two lots on seven acres of land is a reasonable request.  Taylor hopes that they can prove that the septic will not impact our wells.  White asked that the board continue this discussion.  White again noted that she would ask for a definitive answer from counsel.   The board agreed to continue the discussion to a future agenda, possibly 9/19/05. 

 

 

Review of contracts for Water Division

Woodard & Curran for pumping station equipment

DPW Director Wayne Southworth indicated that the 30B procurement procedure was followed for the variable frequency drives for the pumping stations and upgrading of the SCADA system controls.  Southworth noted that these capital items were approved at town meeting.  He explained the process.  This would allow for a variable speed in pumping in an efficient manner. 

On Haederle’s motion, seconded by Less, the board voted unanimously to approve the contract to Woodard & Curran, not to exceed $18,655.

 

HESCO for 2 flex drives

Southworth explained the need for the contract, to install the equipment referenced above. 

On Haederle’s motion, seconded by Less, the board voted unanimously to approve the contract to HESCO, not to exceed $16,955.60.

 

King asked about the Depot Street to Fox Ridge Road construction status. Southworth noted the state engineer must be present before construction can begin.  The project is funded through state and federal funding which requires entire oversight by Mass Highway.  Construction should begin shortly.

 

Special Town Meeting warrant review

White reviewed the warrant and noted that wording may change.

Article 1

On Less’ motion, seconded by Cohen, the board voted unanimously to approve and recommend.  

Article 2

On Haederle’s motion, seconded by Less, the board voted unanimously to include.

Article 3

On King’s motion, seconded by Haederle, the board voted unanimously to include.

Article 4

On King’s motion, seconded by Less, the board voted unanimously to include and recommend. 

Article 5

On Less’ motion, seconded by Haederle, the board voted unanimously to include and recommend.

Article 6 

On Haederle’s motion, seconded by King, the board voted unanimously to include

Article 7

On Less’ motion, seconded by Cohen, the board voted unanimously to include.

Article 8

On King’s motion, seconded by Haederle, the board voted unanimously to include and recommend. 

Article 9

On Less’ motion, seconded by Cohen, the board voted unanimously to include and recommend. 

Article 10

On King’s motion, seconded by Haederle, the board voted unanimously to include.

Article 11

On Less’ motion, seconded by King, the board voted unanimously to include and recommend. 

Article 12

On Haederle’s motion, seconded by Less, the board voted unanimously to include.

Article 13

On Haederle’s motion, seconded by King, the board voted unanimously to include.

 

Ongoing discussion re:  library construction project

Memorandum of Understanding(MOU) & Building Committee Charge

White explained the changes to the MOU. See attached. 

White referred to a recent meeting with three members of library, their project manager, Colleen Corona and Colleen Less held on 8/8.  All parties at that meeting agreed to the changes in the MOU.  Both Selectmen and Library Board members will need to vote to approve the MOU and the Library Building Committee Charge. 

 

Haederle commended White for her work in clarifying issues concerns in the MOU.  King asked about the lease.  White referred it as minimal.

On Haederle’s motion, seconded by Less, the board voted unanimously to approve the amended MOU and Library Building Committee charge as presented.

 

Board of Appeals resignation – Stephen Johnson

On King’s motion, seconded by Haederle, the board voted unanimously to accept with regrets Mr. Johnson’s resignation.  A certificate of appreciation will be issued.

 

Appointment to Canoe River Aquifer Advisory Committee – Janet Simolari

On Haederle’s motion, seconded by Less, the board voted unanimously by roll call to appoint Janet Simolari to the Canoe River Aquifer Advisory Committee with a term expiring 6/30/08. 

Cohen; Simolari, Haederle; Simolari, Less; Simolari, King; Simolari.

 

Review of proposed Stormwater Management Policy

The board briefly reviewed the proposed policy.  Haederle suggested a minor change to paragraph #1.  The board will discuss this policy further in the future.

 

Proposed Selectmen’s Meeting Thursday, September 8th

The board agreed to hold and additional meeting on 9/8/05 at 7:00pm in the Selectmen’s Office.

 

Town Administrator’s notes

None

 

Press notes

None

 

Selectmen’s notes

None

 

On Haederle’s motion, seconded by Less, the board voted unanimously by roll call to adjourn open session and go into executive session for the purpose of discussing labor negotiations, not to return to open session.  8:55

Haederle; yes, Less; yes, King; yes, Cohen; yes.

 

Respectfully submitted,

 

Mary Southworth

 

                                                                                                                                __________________________

                                                                                                                                                APPROVED

 

                                                                                                                                __________________________

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