Board of Selectmen
Meeting Minutes
8/8/05
The
Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office, 136
Elm Street, Easton, MA with Chair Colleen Corona presiding. Also in attendance were Charles King, Colleen Less, John Haederle, Irwin Cohen and Town
Administrator Martha White. 7:00 pm.
Revised proposal to provide on-call environmental
consulting services – EA Engineering, Science and Technology, Inc.
Conservation Commission Chairman Barry DunKley was
present. White explained the proposed
contract to allow us to continue to have someone supplement field work for the
employee unable to perform some of the conservation field work tasks due to a
work related injury. The contract will
not exceed $5,000. DunKley explained Mr.
Katsuka’s field work. Haederle commended
Katsuka for his work to date. DunKley
spoke highly of his knowledge. Less
asked about the staffing involved under the proposed contract. DunKley
explained that he expects only two employees would be working under this
contract. King asked how the estimate
was established. White explained that Mr. Katsuka’s proposed the contract based
on his past experience working on Easton’s
conservation issues. DunKley noted that
the contract would be funded out of Conservation Commission funds.
On Haederle’s motion, seconded by Less, the board voted
unanimously to approve the contract as presented.
Ongoing
discussion re: library construction
project
White explained the ongoing discussions with the library
directors. A draft proposed amendment to
the Memorandum of Understand (MOU) was given to the library board. This information dealt with changes involving
the Library Building Committee proposal.
This new proposal adds the Town Administrator or its designee as an ex-officio
to the building committee. White’s intention is to attend the meetings or have
the Town Accountant attend in her absence.
The library board is in the process of reviewing the MOU and the board
will vote the changes. Corona
noted that this clarifies the 7 member building committee and their role. White also spoke of a possible special town
meeting and the need to expedite some of the outstanding issues.
Public Participation
Mr. Paul Rohr of 11 Lincoln Street
asked when the library issue will be on the Planning & Zoning Board agenda.
White indicated that this item would be discussed at their meeting 8/24/05.
Adjudicatory hearing – Neil’s Convenience, LLC dba Neil’s
Convenience – alleged sale of alcohol to a minor - 750
Washington Street
White noted the need to reschedule the hearing due to the
police officer/witness unable to be present this evening.
On Haederle’s motion, seconded by Less, the board voted
unanimously to reschedule the hearing to 9/12/05 at 7:15pm
in the Selectmen’s Office, 136 Elm Street.
Proposal of CVS to connect to the town’s storm water
drainage system –Bay Rd/Depot Street
Public Participation
Brian Murphy of Vanasse, Hangen Brustlin, Inc., and Sharon
Burges, Project Manager for Gersham, Brown &Associates and DPW Director
Wayne Southworth was present. White
explained the request for the proposed new CVS on Depot
Street to connect to the town’s storm water
drainage system. CVS is coming forward
with the proposal as a solution to the need for an emergency overflow
area. White noted that the town
departments do not object, but have concerns.
The following conditions were recommended by White if the board approves
the connection: The town should require
assurance that the system will be properly maintained; they should provide an
Operation Maintenance Plan (OMP) which should be approved by the Land Use
Engineer. White noted the importance of
the proper time frames for maintenance each year; a deed restriction should be
required at this location so that the conditions go with the land, not just the
person. After initially reviewing the
request, White questioned if we would be allowing more intensive development if
the connection is granted. White and
Southworth believe we are not but we would be assuring that the system in place
is maintained property. Haederle asked about the current stormwater at that
location. Southworth noted it runs into
Mulberry Brook, to the east of Belcher Foundry.
Haederle asked if it was currently treated. Southworth replied no. Haederle asked if we are setting a precedent
for other businesses if we allow this request.
White acknowledged that this approval may trigger other requests. Southworth noted that in this case, the
system as designed appears to handle things at this site. Southworth reiterated the need to receive
assurances that the system will be maintained in the future. Southworth suggested that by allowing this
one connection, we are not allowing regular stormwater, only the overflow. Haederle asked if we should look ahead at areas
throughout town for other circumstances. Haederle further noted that we haven’t
set a standard for policy and procedures.
White suggested that CVS is not proposing to overdevelop the site
because of this connection but the circumstances may be different at another
location. We would need to closely watch
other intentions and not permit situations where it is not emergency. Cohen asked what would cause a system
failure. Murphy depicted the plan on a
map showing the existing and the proposed plan.
CVS is proposing an increase in capacity at the site compared to the
current system. Haederle asked whether
CVS would be increasing the impervious area from the existing site. Murphy
answered no. Murphy spoke of street
sweeping done on a semi annual basis by a private contractor. The catch basins will be inspected monthly
and a check to see how much sediment has accumulated will also be done. Sediment will be extracted as needed. The monthly report is done internally and it
is now not currently required by the town.
Murphy also stated that CVS is investing a lot of money on this property
and they will want to make sure the property is maintained properly. White noted that that we will impose an
internal reminder system to check to be sure that all things are being
maintained as agreed. Corona
asked about Stormwater II and if this requires the alternate system. Southworth explained the stormwater process
and the need for Selectmen’s approval based on the bylaw passed at town
meeting. Southworth noted that not in
all cases would developments be requiring an emergency system. White stated the reason for the board
discussion this evening and that based on the zoning bylaw, the Selectmen are
the authority to allow systems to tie in.
Haederle asked if there is a certain reason to believe that this site
may fail. Murphy explained that there is
an existing discharge that runs off to Bay Road
and some on to Depot Street. CVS has met the requirements under a current
system but the proposed system will have a reduction of discharge. Murphy stated that under the existing system,
the town is receiving a certain amount of flow.
This current proposed system will help get the discharge into the ground
area. CVS is now before the Planning
Board and are waiting for the Selectmen’s approval before moving forward. Corona
suggested that we should work toward a town procedure for future
connections. White agreed that the board
should not be in the business of allowing developments tying into the town’s
system and a procedure should be developed.
Haederle reiterated that the town should have a policy on this issue. Cohen suggested that as long as the system is
properly constructed and maintained, it shouldn’t be a problem. Murphy noted that CVS will be giving a gift
of land to the town will be received to help with the town’s roadway
improvements in that area.
On Corona’s motion, seconded by Haederle, the board voted
unanimously to approve the proposal by CVS to connect to the town’s system
with provisions that they provide: OMP for a drainage system as approved by
land use enginner; impose a deed restriction requiring such maintenance; annual
report to ensure that the operation and maintenance plan was adhered to.
Discussion re:
waiver of street lighting policy to allow increased lighting at the Veterans
Memorial Park
Veterans Director Steve Nolan, VFW members Dave Brown, Louis
Silva and other VFW representatives were present. Brown explained the location
and the purpose of the memorial park. He
spoke of the veterans’ work on this project and their dedication. Brown spoke of WWII and the Town of Easton
men and woman’s names on that monument.
Brown gave credit to all the veterans.
Bricks can still be purchased for $100 donation and the VFW will also
accept donations to help maintain this monument. Brown noted that since the dedication,
vandalism has occurred several different times. The VFW is requesting the installation of
flood light which requires Selectmen’s approval. This situation has been discussed with DPW
Director Wayne Southworth and he is willing to work with the veterans on this
issue. Police Chief Tom Kominsky is
aware of the vandalism and more patrols have been placed in this area. Haederle asked about the pole mounted
floodlight and asked about the abutting neighbors and if they have been
approached. Brown noted that they have
not been contacted but the intent is to install the light on a trial basis,
making adjustments as necessary.
Haederle asked if they considered using barriers to keep skateboarders
and cars off this site. Brown felt it is
almost impossible to stop this; they will get in if they want. Brown suggested that the VFW may offer a
reward to help find the people responsible for the vandalism. It was noted that the DPW Director submitted
a comment that he would be in favor of the change in lighting at that
location. King asked if this light would
be on all night. Silva felt that the new
light will be a deterrent and it would be on all night.
On Less’ motion, seconded by Cohen, the board voted
unanimously to waive the streetlight policy to allow a 400 watt light at
the Veterans Memorial Park location.
Award of contract for water meters - Badger Meter
DPW Director Wayne
Southworth was present. The board
confirmed that only one bid was received.
Southworth explained that this is the last phase of the water meter
upgrade throughout town and all the other meters in town have been provided by
Badger Meter. Southworth noted that this
is an annual bid and they have complied with all the rules for the bidding
process.
On Less’ motion,
seconded by Haederle, the board voted unanimously to approve the contract for Badger Meter in
the amount of $161,332.34.
Award of contract for water bill printing, stuffing and
mailing - Mark Altman & Associates
Southworth explained
the new contract proposal and the need because the Water Department just
changed the water billing to quarterly which will increase the billing
magnitude. 30,000 bills are sent out
annually and the town’s equipment is getting very old. It is proposed that all bills will be sent
from the contract location. Southworth
suggested that we couldn’t do the work in-house at this price. Less asked about the benefits of billing
quarterly. Southworth spoke of the benefits to the consumer and the Water
Division to monitor the water usage, giving a better view of what’s being used
for water. He spoke of water leaks and
the quarterly billing gives better control.
Ideally we would like to see monthly bills. Corona asked about the $20 charge and if this
will now become $20 on each bill or will it be prorated over the quarterly
bills. Southworth explained that the
bills will be changed to reflect the fee within the quarterly bills. The $20 fee is for the operational charge, to
produce and mail the bills. The fee will
not be increased due to the quarterly billing.
King asked if the water bills could eventually be paid online. Southworth noted that this has great
potential for that. The computer generated printouts are good.
On Less’ motion,
seconded by Cohen, the board voted unanimously to approve the contract, not to exceed
$15,240.
Award of contract for backhoe loader for the Water
Division - to Casey & Dupuis Equipment Corporation
White explained the
capital item that was approved at the town meeting.
On Less’ motion,
seconded by King, the board voted unanimously to approve the contract in the amount of
$59,196.
Award for Holder Municipal/Parks Tractor for the DPW –
Dyar Sales
White referred to the sidewalk plow. White noted the town meeting appropriation
and the actual cost slightly higher than what was approved at town
meeting. The balance will be paid out of
highway funds. Corona
asked the status of the sidewalk plows.
Southworth noted that we will now have two plows on the road and the new
one will be used as the primary and the older one as a backup. The new plow also has a flail mower which
helps with mowing the edge of the roadways.
On Less’ motion, seconded by Haederle, the board voted
unanimously to approve the contract not to exceed $92,175.
Memorandum of Agreement for Lockup Facility at the Bristol
County Ash Street Jail in New
Bedford
White explained the proposed contract and the benefit to the
Easton Police Department. This proposal
helps reduce overtime at the local level.
On Cohen’s motion, seconded by Less, the board voted
unanimously to approve the agreement as proposed through 6/30/06.
61A 116 Randall Street
– Right of First Refusal
White explained the town’s option of right of first refusal. White noted that the board voted in May not
to exercise its right. The proposal has
changed and the board is required to vote again. The Community Preservation Act Committee and
the Planning & Zoning Board have recommended that the town not exercise its
first right of refusal.
On King’s motion, seconded by Haederle, the board voted
unanimously not to exercise the town’s first right of refusal on the
parcel.
Special Municipal Employee designations
White explained the
need to vote the special municipal employee designations. The State Ethics Commission will begin
cracking down on violations. White has
been working with Town Counsel on this issue.
If a person is in
violation of the law, the person has the liability, not the town. White feels
it is important that the volunteers and employees are aware of the law to avoid
liability. White referred to a list voted
by the Selectmen back, in 1963 and suggested a revised list for the board’s
approval. See attached memo. White gave specific examples of potential
violations and other circumstances which may be allowed under the law. Anyone who feels that they may have a
potential conflict should contact the State Ethics Commission. White spoke of examples where employees may
be working for different entities of the town.
White asked to delete the Electrical Inspector and Plumbing and Gas
Inspector from the list. Less noted the
conflict of interest seminar that she recently attended and suggested that the
employees also be trained. White spoke
in favor of training the department heads but was unclear if this would really
apply to all employees. Corona felt that this would also be helpful for the
board and committees. Less suggested
that the training would not necessarily be mandatory but should be offered to
all employees.
On Less’ motion,
seconded by Haederle, the board voted unanimously to rescind the special municipal employee
designation voted in September, 1963.
On Less’ motion,
seconded by Haederle, the board voted unanimously to designate the list of special municipal
employees as outlined in White’s memo.
Smart growth technical assistance grant
White noted the
grant opportunity. White spoke of
opportunities available to the Town of Easton.
White met with the Planning Board last week and they are very enthusiastic. With grant funds, the Town could hire a
consultant to do a comprehensive review of the zoning bylaw. Specific objectives might include review of flexible
development bylaws; review of MGL Ch. 40R to see if Easton could benefit from a
Smart Grown overlay Zoning district in certain sections of the community;
review existing development and zoning along Rt. 138; review recommendations of
affordable housing plan; crate enhanced design standards for business
development; creation of regulations for sustainable landscaping in business
areas; consider the off site impacts of developments and quantified standards
to mitigate these impacts, etc. The grant
is up to $30,000 and a 15% match is required if granted. We have money for that match left over from
the Growth Management Study. Corona suggested that the review of our town’s
bylaws would help the town even if we do not get the grant.
On Less’ motion,
seconded by Haederle, the board voted unanimously to authorize the Chair to sign the grant
application by August 16th.
Appointment of election workers
White noted the
required annual vote.
On Less’ motion,
seconded by King, the board voted
unanimously by roll call to approve the slate.
See attached list.
King;slate, Corona;slate, Haederle; slate, Cohen; slate,
Less; slate.
Corona thanked all the election workers for their
continued service to the town.
Non union wage study – review of survey communities
White explained the
ongoing efforts with respect to conducting the non-union wage study. The board had previously asked that they see
the proposed list of communities to be surveyed. Consultant Mark Morse of MMA Consulting Group
is working with the Human Resources Board (HRB) on this study. The board reviewed the proposed list of
communities to be surveyed. The HRB
recommends Morse’s suggested list. Less
asked what factors were used when adding certain communities to the list. Less suggested that some of the communities
are not very compatible to Easton. White suggested that this list
provides more of a balance and reiterated that the list is proposed by the
consultant and the HRB. There are communities that are higher and lower than Easton. Less
asked about the rational used when suggesting the broader list. White indicated that the Morse suggested the
proposed list. Corona felt that the towns are all over the place
with respect to land, square mileage and suggested that some of the communities
have nothing to compare them to Easton. The
median income should be considered, 4 communities are outside of the bands of
20 above and 20 below. The board
discussed the list at great length. Less
suggested that the board have the opportunity to speak to the consultant and
have him explain the list of communities as proposed. White suggested she could arrange Morse to
come to a Selectmen’s meeting. White
explained that the list that the board had been using for budget information
may have been demographically like Easton but that criteria may be irrelevant for the
purpose of conducting a wage study.
White explained that in doing a wage study you also should look at
commuting radiuses. White suggested that
the base list would also have some flaws if looking at the demographics. White will check on the consultant’s
availability for the meeting on 8/22.
Cohen suggested that Westford, Wareham and Carver should be eliminated from the
list. Haederle asked to see the annual
operating budget for the comparison communities. Corona will gather operating budget information and
add it to the spreadsheet.
Discussion re:
scheduling of fall Special Town Meeting (STM)
White is proposing a
STM for 9/26/05. The board reviewed a possible list of warrant
articles.
On Less’ motion,
seconded by Haederle, the board voted unanimously to set the STM date of 9/26/05 at 7pm at the Oliver Ames High School Auditorium. Mr. Paul Rohr of 11 Lincoln Street asked about the issues needing to be
resolved before the STM relating to the library. White explained the process
and they are still researching the issue of the Oakes Ames Memorial Hall board
of trustees and whether or not it is a valid board. The board explained that the warrant article
would allow us to accept an easement if it comes before town meeting.
On Less’ motion,
seconded by Haederle, the board voted unanimously to open the STM warrant and accept warrant
articles until Wednesday 9/7/05 at 4:30pm.
Approval of Minutes
On Haederle’s motion, seconded by King, the board voted
4-0-1 to approve general minutes dated 4/11/05. Cohen abstained.
On Less’ motion, seconded by King, the board voted
3-0-2 to approve general minutes dated 6/27/05. Cohen
and Haederle abstained.
On Less’ motion, seconded by Corona, the board voted
unanimously to approve general minutes dated 7/11/05.
On Less’ motion, seconded by King, the board voted
3-0-2 to approve general minutes dated 7/14/05. Haederle and Cohen abstained.
Town Administrator’s notes
None
Press notes
Selectmen’s notes
Corona announced
current vacancies on various boards and committees.
Corona expressed
condolences to the family of Timothy Alford, an Easton
resident who had been serving our country and died last week in Germany.
On Haederle’s motion, seconded by King, the board voted unanimously to adjourn at 9:10pm.
Respectfully
submitted,
Mary Southworth
__________________________________
Approved
__________________________________
Date