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 Hunt’s motion, seconded by Hardin, the Board voted 3-0-2 to approve General Minutes dated 10/10/96 as amended. Webster, Clark abstained.

On Clark’s motion, seconded by Hunt, the Board voted 4-0-1 to approve Executive Session Minutes dated 7/22/96. Webster abstained.

On Hardin’s motion, seconded by Tufts, the Board voted 2-0-3 to approve Executive Session Minutes dated 9/3/96. Hardin, Tufts in favor.

On Clark’s motion, seconded by Hardin, the Board voted 4-0-1 to approve Executive Session Minutes dated 9/19/97. Webster abstained.

On Clark’s motion, seconded by Hunt, the Board voted 4-0-1 to approve Executive Session Minutes dated 12/2/96. Webster abstained.

On Clark’s motion, seconded by Hardin, the Board voted unanimously to approve Executive Session Minutes dated 6/23/97.

Tufts read Proclamation. On Clark’s motion, seconded by Hunt, the Board voted unanimously to support and approve the Kids Day America Proclamation to be celebrated on 9/20/97.

F. Willey in attendance. On Clark’s motion, seconded by Hardin, the Board voted 4-1 to approve the YMCA Road Race for 10/5/97, and to waive the filing fee of $18.00 Hunt opposed.

At this point in the meeting on Clark’s motion, seconded by Hardin, the Board voted unanimously to take the Tobacco Grant under emergency conditions.

C. Salisbury in attendance. Salisbury gave a brief explanation of the grant received for tobacco control programs for 4 towns to be utilized by the Boards of Health. Salisbury noted the State wants Easton as the lead community to subcontract with SERSG to collect the money from the grant, in partnership with SERSG and the four communities. Salisbury noted there is no liability for the Board. Salisbury noted she is setting up accounting procedures for these monies, and will report to the Board as often as they wish. Hunt asked if this could be approved subject to no additional financial costs to the Town of Easton. Salisbury stated yes. Salisbury noted this will not cost the Town anything, all expenses are limited to the grant money. Salisbury noted that the four Boards of Health will be solely responsible for the programming. Salisbury noted she will insist on due process during any hearings following stings, and they will be based on the State’s Procedure Guidelines. Hardin noted that the Town will just be a pass through for the grant money, similar to other grants the Town has done this for. Hardin noted he wants to move forward with enforcement in Easton. Clark noted he wants more time to speak with the Board of Health members RE: what is involved in the program, and how the grant money will be spent. Hunt’s motion, seconded by Hardin, to authorize the Chairman to sign the Agreement subject to 1) any costs of the lead community will be shared by all four communities from the grant funds and 2) any hearings will afford due process to those involved, and was voted 4-1. Clark opposed. It was noted that once the changes are made to the Agreement the Chairman will sign.

F. Willey, J. Russell in attendance.

Clark noted this is not a lease agreement but rather a license agreement. Clark’s motion, seconded by Hardin, to support the License Agreement with the YMCA, as amended, subject to Town Counsel’s review, accepted changes include those made by the YMCA as well as a statement that additional costs incurred should be picked up by the YMCA, and to add that due to the RFP for sale of the building, there should be a "termination at will" clause, this was voted 3-2. Hunt, Webster opposed.

On Clark’s motion, seconded by Hardin, the Board voted unanimously to accept with regret, the resignation of Paula Peterson from the Cultural Council, and to send a Certificate of Appreciation.

R. Hill in attendance. On Clark’s motion, seconded by Hunt, the Board voted unanimously to award the Water Meter Bid to Badger, in the amount of $84,380.50.

Hunt noted RE: Easton Country Estates, that the Town only receives credit for 19 out of the 64 units. Paicos noted that he called the State Office of HUD and they will not give credit for the other units. Paicos also noted that hardly any communities meet the 10% quota.

Paicos suggested sending a letter to the MMA asking their help in changing regulations RE: what is considered "affordable".

On Hunt’s motion, seconded by Hardin, the Board voted 3-2 to have the Town Administrator write to the MMA requesting their help in changing State regulations RE: Affordable Housing. Webster, Clark opposed.

M. White, B. McAndrews in attendance.

Hunt noted the Town shouldn’t rely on the previous report, and expressed concern that the current report was done in the dead of summer with little public input.

Paicos gave a brief history of the memo being drafted based on the Town’s goals and objectives. Paicos also noted the goal of underground utilities in the future. Paicos noted there may be grant money available in the future for the downtown types of projects but to access the grant program we need a downtown revitalization plan in place. Paicos noted that the bureaucrats don’t want the plan written by staff people or consultants but rather by people in the community. Paicos further noted this proposed outline is to expedite community input for the plan to be put together.

Paicos suggested the Board mark up the draft with additions/deletions to the proposed plan and have this come back on a future agenda for further discussion.

Hunt noted she wants to see the documentation from DHCD RE: what is expected to receive/compete for grant money. Clark expressed concern with the formation of a CDC. Paicos noted he is not suggesting forming a CDC. McAndrews noted that if people are concerned with speeding on Main Street, it should be left the way it currently is. McAndrews noted that people won’t come to a meeting RE: Main Street, because they feel nothing will be done by the Board.

Webster noted she was here one year ago when issues such as septic, underground utilities etc., were discussed, and the Board decided not to go forward for fear of losing the Main Street grant.

Paicos asked the Board to put this back on an agenda sometime soon for a further discussion.

On Hunt’s motion, seconded by Clark, the Board voted unanimously to receive the DHCD documentation RE: grants and the requirements.

R. Hill, Resident of 50 Central St., in attendance

Tufts noted the petition for Central Street Sidewalks.

Clark questioned when, if ever, will Central Street get sidewalks. Clark noted that the 139 signatures agree to donate any land necessary. Paicos noted the need for guidance from the Board to alter the 5-year plan the Board has already adopted. Paicos noted Central Street was not on the 5-year plan. Paicos noted that either we need more money in the plan or to take away another project to pay for Central Street.

Tufts noted that this street meets all the criteria the Board requires and is in the need of sidewalks for safety reasons. Tufts suggested trying to fit Central Street into the 5-year plan.

Hunt noted she thought this met the criteria, in particular, safety issues. Hunt noted that maybe some other streets could be dropped and Central Street could be added to the list.

Hill noted that a category 5 road is eligible for STP funds. Hill noted that if the Town didn’t have to make land takings he could design the roadway and sidewalk program that would fit into the STP requirements. It was suggested by a resident to rebuild the bridge and do the street at the same time along with the renovations to the Morse Factory.

Hill noted that the Queset Bridge is being designed by the State. Hill noted that the problem is usually right-of-way, and if residents are in favor of donating all the land necessary, he can do this project with STP funds. Hill noted this project would need the support of the residents at hearings, as well as cooperation on land donations.

Hardin expressed concern that Turnpike Street reconstruction be completed first. A resident of 50 Central St. questioned why there is no sign RE: not allowing commercial vehicles on Central Street. Hill noted that if a commercial exclusion is listed, the street will no longer qualify for State grant money.

Hill noted there are some signs posted, but it is hard for the police to enforce this.

Clark’s motion, seconded by Hunt, to have the Town Administrator and the DPW Director go forward to look into the design and ultimately the construction of a sidewalk on Central Street, was not voted at this time. Paicos noted he will review this with Hill and bring this back to the Board as soon as is possible. Clark asked that Mr. Tupper and Mr. Tully be the neighborhood reps. Hill noted that he already has reps he is dealing with. Vote on the motion was unanimous.

Paicos noted that the biggest issue is all the land being donated and noted the neighbors will need to convince each other to donate the land.

M. White, R. Hill in attendance.

Hunt stated that in order to be consistent with the Town Meeting vote, 1) need to hire an appraiser for appraisals of both properties. 2) Need to do a study for re-use of Town Office space at NEG. 3) Suggest using a major commercial appraiser i.e. Hunneman in Boston, be hired. Hunt noted that she is not satisfied with the draft RFP because it doesn’t set forth weighing criteria as has been done in the past. Hunt noted this process needs to be done in a thorough and methodical fashion. Hunt also noted the need for a broader committee than the PFSC to review the RFP’s. Clark noted he doesn’t want to limit NEG use to the Town Office space, and stated that the Housing Partnership may have other ideas. Hardin noted he wanted to issue a general RFP and see what comes in. Webster noted she agreed with Hardin to put an RFP out there first. Webster noted that she thought the Town Meeting vote for re-use study was only in the event that the Board doesn’t get a reasonable response to the RFP. Paicos explained a sale lease back option, noting his concern with the overcrowding at the Town Office, and stating that we could put a bid option in the RFP RE: relocating the Town Office Departments to NEG and ask bidders how they see that and what they could offer. Paicos noted we could have someone else rehab NEG and then have the Town Office lease office space there. Paicos noted the need for appraisals prior to analyzing the bid proposals. Hunt noted that Ch. 30B requires appraisals be done . Hunt noted that the draft RFP didn’t set forth all information necessary and it is not ready to go out in its present state. Hunt noted it is irresponsible to just issue an RFP without more thought. Hunt noted RE: re-use, the Charter Schools could be possible tenants. Paicos suggested that before issuing the RFP the Board have meetings with a Real Estate Agent to talk about the issues involved in this type of re-use of municipal projects. Hardin noted he still would rather send out the RFP soon. Tufts noted he would rather have the appraisals done first and have the expert provide input into re-use options. Hill gave a brief explanation of his sale lease back option. Tufts motion, seconded by Hunt, to bring in someone experienced in the sale lease back option, for discussion and also to hire an appraiser to get appraisals on the two buildings, was not voted at this time.

Hunt noted she would want an appraiser who is capable to give an addendum of re-use options. Paicos noted he will draft an RFQ and show it to the Board prior to being sent out. Paicos suggested the Board get

the appraiser first. Paicos noted the RFQ will be done over the next few days and after the Board’s input, will be sent out with in approx. 2 weeks.

Clark questioned if the Building Inspector has been notified. Paicos stated he had been notified. Hunt noted she wants to be sure this Statute is applied evenly which includes college dorms. Paicos noted he will need to notify Stonehill College RE: the need for Lodging House Licenses. Paicos noted that the Board of Health has identified a few other places, and he will work with the Board of Health to send out the enforcement letter to those places.

Hunt questioned if this has ever been enforced in the Town’s history. Paicos noted no one currently on staff knows about this ever happening before. Hardin noted he wants the Board of Health to let the Selectmen know of any/all other places they know of that are operating as Boarding Houses.

Hunt questioned if someone will be reviewing the advance copy. Paicos noted that General Code Co. certifies the work so if an error is found the corrected copies will be sent to the Town. Hunt noted she would rather someone review the work prior to receiving all the copies. Paicos noted General Code Co. guarantees accuracy. After much discussion, on Hunt’s motion, seconded by Clark, the Board voted 3-2 to have each department review their own particular section for accuracy and report back to the Town Administrator by a specified time prior to accepting the completed books from General Code Co. Tufts, Hardin opposed.

Paicos reviewed his memo to the Board RE: cell towers. Paicos suggested the Town identify areas for cell towers and offer them. Clark reviewed the issues/problems that were discovered after a review of the police/fire communication tower. Clark suggested that maybe this tower could be rebuilt as part of an agreement with a possible tower renter.

Hunt noted the case pending on this issue should be resolved on its own merits and then decisions made as to whether this is right for the Town. Paicos noted this memo came following a SERSG meeting which discussed this issue. Paicos noted that what came out of that meeting is that companies would rather take places the Town offers, than have to review and research this themselves.

Tufts expressed concern that what was supposed to be a broad policy discussion got mixed with a current litigation. Tufts explained that the litigation site is a family member and at this point in the meeting Selectmen Tufts left the meeting during discussion and voting.

Hardin noted that cell issues will be resolved shortly with satellite being sent into space. Hardin is concerned with setting up cell towers and then having them abandoned when that technology is no longer needed.

Paicos noted he could geographically separate the pending litigation site.

The Board did not agree with this proposal and wanted to wait until litigation is resolved. After much discussion, no action was taken.

Selectmen Tufts returned to the meeting at this time.

Hardin noted that he had a question RE: committees with no length of terms. Hardin researched this and there are 17 committees that have no terms connected with them. Hardin noted that it may be a good idea to put terms on some of those committees that the Board has a right to.

Hardin suggested having the Town Administrator ask the Staff to see if there are committees without terms of office, that could have terms listed.

Paicos noted that he would research this.

Under emergency conditions, it was agreed that the Board of Appeals applicant will be interviewed prior to appointment.

Paicos noted the Police Chief received a grant for another $5,000 for DARE from the Copeland Fund.

Paicos noted the survey/report on streetlighting was given to the Board.

Paicos noted that Mansfield asked to send their thanks for the letter RE: the water issue, and also thanked Wayne Southworth for his assistance with them RE: water conservation issues.

Clark noted a letter from Donald Freeman RE: the collapsed culvert on Baldwin Street. Paicos noted that the DPW has filed with the ConCom and once they have received an Order of Conditions, they will make the repairs.

Clark questioned the status of the Senior Tax Program. Paicos noted the DOR sent out advisory opinions cautioning cities and towns on the original program as proposed. Paicos is working on draft regulations for the program. Paicos noted that once the Legislature goes back into session, new legislation will pass allowing the Town to serve more people. Paicos noted he would rather wait to see if the new regulations pass in the Legislature.

Clark expressed concern that no energy saving bulbs information is listed in the DPW report on streetlighting. Clark asked the DPW to research energy saving bulbs that will get credit for the Town. Paicos will ask the DPW to talk to Edison RE: energy savings.

Webster noted that B. Dunn spoke with R. Goldrup RE: energy saving bulbs, etc., and he recommends re-drafting the streetlight policy.

Tufts noted the new schools will be opening prior to the next Selectmen’s meeting. Tufts, who toured the facility noted that the School Building and Site Committee did a great job on the thought process of what went into the schools. Tufts noted we owe the School Building and Site Committee gratitude for all their efforts.

On Clark’s motion, seconded by Hunt, the Board voted unanimously, by roll-call, to go into Executive Session at 10:35PM, for the purpose of Real Property, Personnel, Pending Litigation, not to return to Open Session.

APPROVED__________________________________

DATED___________________________________