Selectmen’s Meeting Minutes

September 22, 2003

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office with Clerk Patricia Webster presiding. Also in attendance were Carla Goodwin, Jeffrey Tufts, John Haederle and Town Administrator Martha White. (7:00pm) .Gerard Marsan was not present. Goodwin was welcomed back after her recent injury.

Minutes

On Haederle’s motion, seconded by Goodwin, the Board voted 3-1 to approve General Minutes dated 6/23/03 as amended. Tufts opposed. Tufts expressed great concern with the lengthy amendments and feels the board is setting precedence. He noted that usually a summary is satisfactory and only a record of action taken is necessary. Webster noted the importance of documenting this particular set of minutes accurately.

On Haederle’s motion, seconded by Tufts, the Board voted 2-0-2 to approve Executive Session Minutes dated 9/8/03. Goodwin and Webster abstained.

Senator Joyce – Easton Office Hours

Webster announced office hours for Senator Brian Joyce – Friday, 9/26 from 11 – 12 in the Mary Connolly Meeting Room. No appointments are necessary.

Meeting at Southeastern Regional School re: Assessment Formula

Southeastern Regional School Representative Ralph Armsted was present and encouraged the board to attend a meeting in Cinema I on 11/6/03 7:00pm to discuss the assessment formula.

Southeastern Regional School Open House

Webster announced the annual open house on 10/18 from 1-5 at the Southeastern Regional School.

Natural Resources Trust of Easton (NRT) Harvest Fair

The NRT Harvest Fair is scheduled for 10/5/03 from 10-5pm.

Public Participation

Mr. John Rizzo of 12 Lothrop Street asked about the non union employees and the proposed change in the bylaw. He questioned if the proposed union would affect the proposed change. He referred to the last special town meeting and the intention to change the bylaw. Rizzo felt that the town has mandated a change to the bylaw regardless of the non union group unionizing. Rizzo suggested that the town is expecting changes and anything else is unacceptable. White noted that town meeting can change the bylaw and it is not definitive if that would affect the group. It was decided not to discuss the issue any further because of the pending union issue.

Bob Hicks of 1 Daniel Drive asked to be considered to speak on the non union, loss of fields, budget subcommittee and the Finance Committee proposed article when the time is appropriate.

SERSG Bid Award for Road Reconstruction

DPW Director Wayne Southworth was present.

On Tufts’ motion, seconded by Haederle, the Board voted unanimously to approve a bid to TL Edwards in the amount of $276,170.

Weekly Landfill Report

White noted that the contact with ET&L has expired. The pending issues are the gate, electrical work and fencing. CDM is negotiating with ET&L on the change orders. White felt that it is important to move forward in a negotiating posture instead of installing penalties on work not yet completed. White referred to a landfill meeting this week to deal with the issues for an upcoming agenda item. No action was required by the Board.

Alteration of Premises – R & A Inc., dba Pops (package store license)

Mr. Robert Hamalian was present. Webster read the notice of hearing for the expansion. Webster noted the comments by the town departments. No negative comments were received. Hamalian noted his proposal to expand into the Countrywide Home Loans location. One wall will be removed and shelving and coolers will be added to better serve the customers. The total space proposed space is 5300 square feet. Hamalian referred to the parking and noted that the parking is general for the entire plaza, no dedicated spots are defined.

On Tufts’ motion, seconded by Webster, the Board voted unanimously to approve the alteration. Goodwin thanked Hamalian for being such a good business to the town and his contributions to the entire community.

Discussion re: Bourne Enterprises Inc., - Alteration of Original Proposal – Class II

Jason Bourne and Ryan Kass were present. Due to conflicts, the Rule of Necessity was discussed.

On Webster’s motion, seconded by Tufts, the Board voted unanimously to invoke the Rule of Necessity for the purpose of achieving a quorum. All members were present for the discussion.

Webster referred to Bourne’s letter requesting the extra 70 display spaces inside the building. Webster referred to the Fire Department and the Planning Board comments. Tufts complimented them on their work to date at the new location.

On Tufts’ motion, seconded by Haederle, the Board voted 3-0-1 to approve the final license for the Class II 144 vehicles total, 70 indoor and 74 outdoor. Goodwin abstained.

Sub-Committee Report re: Work of Personnel Plan Review Committee (PPRC)

PPRC Member Jeff Morse was present on behalf of the committee. Webster referred to the proposed change to the bylaw. See attached proposal. Goodwin and Webster have been working with a majority of the committee for the bulk of the summer. They would propose two articles to change the non union bylaw. One article would fund a new wage and classification study and the second would be a change to the actual bylaw. If the funding article is not approved, the creation of a Human Resources Board (HRB) would be established and they would work on the study. Haederle questioned the composition of the HRB. Webster answered a permanent committee would be appointed by the Moderator for three year terms. See the attached draft charge. Morse noted that they contacted a number of communities for their procedure of creating a HRB. He noted the procedure he and Carpentier used while establishing the draft charge. Morse noted that the HRB’s responsibility is advisory, it is not a policy making board like in other communities. The HRB would be a resource to the Town Administrator. Haederle asked how much a new wage and classification survey would cost. Morse felt it would cost approximately $45,000. He felt that this amount is comparable to other communities. Webster noted that the HRB would develop an RFP for the award of a contract. This would be necessary to go forward with the study. The main goal of the HRB would be to help with these types of issues. They would develop a plan for employees that fall outside the proposed 75% range in efforts of bringing employees back into the 75%. Goodwin noted that at some point we can have a Personnel Director and that person can work hand in hand with the TA and the HRB. Haederle asked about recommendation 19 on the draft non union personnel bylaw change relating to bargaining groups. Webster referred to the original report of the PPRC and the charge. Webster referred to the draft HRB charge and the duties relating to reviewing all municipal collective bargaining agreements, other than the school department. Tufts noted that the authority of the board comes from the Moderator, not the Board of Selectmen. The subcommittee and the PPRC will look into this matter. Goodwin noted that the language included, not subject to the Easton school employees came from the original charter. The board discussed at great length the advisory board and not making the school department employees subject to the HRB. Webster noted that some issues will need clarification from Town Counsel and this may be one of them. The duties of the TA were discussed. Webster will make a list of the questions to make it clearer for the board to focus on the issues needing clarification. Tufts suggested that the Personnel Director could take on all the employment items i.e. benefits, payroll. Haederle noted that this issue might be in conflict with the town charter now and the duties of the current TA. Haederle suggested we should be looking for ways to be sure that everyone is being treated fairly and equitably. Haederle asked about changes to the town charter. Webster noted that we could propose changes to the town charter if needed. Webster noted that the subcommittee would need the board’s authorization to check with Town Counsel on this issue. Webster also noted that the charter reads that the TA creates the wage plan. This also may create a conflict if the HRB creates a wage and classification plan. Webster referred to the charter and the TA requirements for preparing wage info with the exception of the school department employees. There was much discussion regarding item “J” the HRB draft charge was discussed. It notes that the HRB should report the salary plan, summary, adjustments and summary of increases made each year. Goodwin referred to the 1972 and the creation of the charter. Goodwin recognized that has been much history that led to the separation between the town and the school department. Webster suggested we come up with a list of items we want the HRB to look at during this fiscal year. Tufts noted that after the last discussion of the town meeting, there was talk about non union becoming union. Tufts was under the impression that the non union was involved all along in the effort to amend the bylaw, but recently found out that there was no dialogue. Tufts noted that now the Board is discussing why the school is not involved. Tufts questioned what the concern is now at this late time, one more meeting before town meeting. Tufts questioned how harmony can be created with this type of approach. Goodwin referred to June 2002 meeting with the non union employees at which time a list of suggestions was discussed and how the PPRC recommendations would affect them. The non union was in agreement with some of the issues but were feeling singled out, taking the brunt of the town’s financial difficulties. Goodwin noted for the record that it was not her understanding that the PPRC and subcommittee were not supposed to have representatives of the non union while discussing the proposed changes. Goodwin again referred to the school again and the concern now is the entire aspect of certain things that affect financial impacts that we cannot do. Goodwin clarified that the creation of the new bylaw is a summarization of the work done by the PPRC and the subcommittee. She noted that this action is part of the town meeting directive. Tufts again noted that he feels that the approach has been wrong in not involving the non union employees. Tufts was not aware until two weeks ago that they were not included. Webster explained the last special town meeting. One petition was submitted by the selectmen and one by the citizen petition. The board asked Webster to speak on behalf of both articles at that time. Prior to that town meeting, Webster motioned to form a sub-committee for the purpose of creating a bylaw change. It was added to the motion that the subcommittee would meet with the PPRC and discuss their intention of going forward with the unions. Webster felt that she had updated the board throughout the summer and this issue should not be a surprise to anyone. At the last meeting, Webster asked to send information to Town Counsel and then the board asked to see the proposed bylaw change before sending it to Town Counsel. Webster noted that she took the heat at the last special town meeting. Webster felt that she has been very direct and feels that we need to look at what is in front of us now. The last recommendation deals with how to deal with the affected employees. Haederle noted that two weeks ago, he expressed surprise with not including the unions. Haederle misunderstood the intent and acknowledged that he did know that this would be proposed. Haederle asked about negotiated cost of living adjustments (cola). Webster explained the change in the bylaw. Longevity and cola would be eliminated. Goodwin explained the combination of cola, longevity and merit increases. Haederle asked about employees who may be reclassified into a lower pay and questioned if they would they lose their salary. Webster explained that they would be red lined and would not lose their current salary. She explained when we did the study a few years ago, we used 90 percentile and the towns used were not comparable to Easton. The HRB would set criteria for fairness. No specific ranges for scoring and grading are included in the proposed new bylaw. Webster referred to the TA’s current role and the awarding of step increases. The issue is that we are paying cola, longevity and merit in the Town of Easton. Checks and balances can be used by the HRB, giving averages of what was given. One recommendation was to establish a pool for potential increases. Build-ins can be included, not to allow for step increases if an employee is at the top of the step, unless the job is reclassified.

Goodwin referred to recommendations 8 & 9. Goodwin talked about the importance of an annual report noting how much money in increases is given each year, but not to whom. This would be included in the new charge of the HRB for union employees also. White noted that when the report was issued, the non union agreed with some of the recommendations but not all. White referred to the proposed change and noted the conflicts with the charter and the code dealing with the TA. She sees this as an issue as we prepare for Town Meeting. White also expressed concern that this proposal as submitted, waters down the role of the TA. White would like to achieve some sense of parity within all the employee groups and referred to some employees who get automatic step and with this proposal they would get nothing. Morse referred to the Danvers plan and the fact that they do not also include cola and longevity. White reiterated that this bylaw might not have any affect with the current efforts to unionize. Haederle noted that we still need to proceed with the mandate that town meeting gave us because nobody knows right now how the union issue will work out. White feels that this will be a challenge to get this in final form to be ready for the next town meeting. Haederle feels that this cannot be put off any longer and must be put on a warrant. Haederle asked White how to include the non union. White felt that if it was a union setting, they would have been involved all along and this process is going to take time. Haederle felt that because it is only approximately 30 employees, it is easier to manage this and make a change. Webster noted that if the proposal passes at town meeting, it would be up to the HRB to go forward and look at the unions. Goodwin asked about the status of the unionization. White noted that she expects to get back a list of employees who have been submitted to this group. Goodwin suggested that the nuances are in language only, not in content. White suggested that taking away cola and longevity are simply not nuances. Goodwin noted that we cannot be sure of the time frame in relation to the union issue. Webster cautioned that the board should focus on the bylaw at this time, not the union issue. Goodwin reiterated that we need to care that the non union employees are treated fairly. Goodwin suggested that we present to town meeting the intent, knowing that it will come back to the annual town meeting correctly. Webster disagreed and stated that we should not submit thy bylaw incorrectly. Webster suggested if we have authorization to proceed with Town Counsel now, the intent would be to go forward and check with Counsel and bring it back again next week. The Board discussed how the change could be presented to town meeting. Webster reiterated that the intent is not to take away any management authority from the TA and further suggested that they are trying to create a system of checks and balances.

On Haederle’s motion, seconded by Webster, the Board voted unanimously to meet with non union personnel, TA and the PPRC to discuss the changes.

Haederle motioned for the board to endorse the 20 recommendations, recognizing that there may be some legal issues that need to be resolved with Town Counsel, and to further agree that this is the direction that the board is going in. Goodwin seconded the motion. Tufts clarified that he does not approve of all of the 20 recommendations but approves of the portion that would give Town Counsel authorization to review in effort to work out the conflicts. The Board voted unanimously.

On Goodwin’s motion, seconded by Webster, the Board voted unanimously to include/set aside space on the special town meeting for articles pertaining to funding, proposed non union bylaw changes and other articles if found to be necessary relating to the recommendations.

Finance Committee member B. Hicks asked for copy of the subcommittee recommendations. He noted the issue of time prior to the special town meeting.

The Board recessed at 8:55 and reconvened at 9:00.

School Project – Loss of Fields Issue

White reported that the membership has been determined. Selectman J. Haederle, S. Torrey of Recreation, M. Brockman of Municipal Building Committee and J. Mitchell OAHS Athletic Director will be working on the loss of fields issue. White asked for clarification of the committee’s work or work group. White views this group as a group formed as a direct result of the elimination of fields pertaining to the expansion of the OAHS. She referred to the larger issue of the recreation fields or lack thereof. White agreed that the larger issue is real but doesn’t see this as the work of this group currently being formed noting this group wasn’t formed in the traditional way, advertised, etc. Haederle agreed that the primary mission is to respond to the loss of fields and the affected groups to look at the current issue. Longer term issues will require a lot of necessary work. Haederle suggested dialogue with Easton Youth Soccer League to see if there are ways to ask them to help resolve the issue. White recognized that it may be difficult to draw a line between the short and long term effort. Tufts suggested using this group as a problem solving group to communicate with the other groups in town. Haederle felt the Selectmen need to take a lead on this issue. Webster felt that there are two issues, short term with the schools and the long term planning piece for the future. Webster suggested that this group look at the various groups and see what fields they are using and come back with a solution with what a long term group or committee would be. At a later date, Haederle will come back to the Selectmen with a proposed charge for a long term committee.

Discussion re: Use of Labor Counsel

This item was tabled.

Proposed Alternative to Construction of Affordable Unit on Lot 59 – Easton Country Estates

White noted that this is a follow up to the meeting held in August, discussing proposed amendments to the regulatory agreement. White noted that Lot 59 is not a desirable house lot and this fact has been agreed to by all parties. White recently asked Welch to stake the lot line. White reviewed the lot line and found that the cement plant has encroached on this lot. Welch is informally proposing not to build on lot 59 but to instead build the affordable unit in the new Golden Oaks Subdivision. This subdivision is proposed for people over 55 years of age. It was noted that the lot in Golden Oaks is not adjoined to Easton Country Estates, but it is nearby in proximity. If the modification is agreed to, Welch would also be required to amend the special permit on the Golden Oaks Subdivision. White asked for an informal view of the board to see if the proposal is worth going forward. Haederle asked if the construction would fulfill the intent that we have asked the developer to do to complete the project. Webster noted the original intent of the affordable units. Webster’s goal would be to maintain the same amount of affordable units. The Board needs to consider if it is a net goal to the community. Webster viewed this as a good opportunity for a person over 55. She would ask that it not be built last, but be built and tied in advance to some other lots so we do not end up in the same situation as before. White explained that part of this concern has been addressed. Webster expressed concern with expectations of the regulatory agreement and it should be tied with the first set of lots released within that subdivision. The Board agreed. Goodwin expressed concern with not meeting the deadline for the abutters. White noted that Hamilton will be working on this issue. White feels more confident that this issue will be more straight- forward than last time. Goodwin asked that White notify the abutters of the proposed change prior to the change happening, in efforts to keep them informed.

Chuck King of 41 Kennedy Circle asked about the procedure and deciding if it is a substantial change or not. White explained that the change would be proposed to the Board of Appeals (elimination of lot 59).

Unity Church – Temporary Sign/Fee Waiver Request

On Tufts’ motion, seconded by Goodwin, the Board voted unanimously to retroactively approve the temporary sign request along with the fee waiver.

Appointment of Deputy Warden Precinct 5

On Tufts’ motion, seconded by Haederle, the Board voted unanimously to appoint Bennie Moore as Deputy Warden for Precinct 5 (Republican Party).

Transmittal of Proposed Zoning Bylaw Amendment to Planning and Zoning Board

On Haederle’s motion, seconded by Goodwin, the Board voted unanimously to transmit the proposed amendment (see attached) to the Planning and Zoning Board.

Special Town Meeting Discussion

White proposed the date of 11/17/03 as the special town meeting date. The attached draft warrant was referred to. White referred to prior year’s bill and noted an additional bill of $20. The Board will act on the warrant at the next meeting. No more conditional approvals for street acceptances will be accepted. White reported to the board that the noise control bylaw would not be ready in time for this special town meeting.

On Haederle’s motion, seconded by Goodwin, the Board voted unanimously to hold a special town meeting on 11/17/03 at 7pm at the OAHS Auditorium.

On Goodwin’s motion, seconded by Webster, the Board voted unanimously to open the warrant and close it on Friday, 10/3 at noon.

Update re: Budget Subcommittee

White reported that the School/Selectmen Subcommittee would be meeting this Thursday. Goodwin will remain on the subcommittee and Tufts will no longer serve. Marsan will also participate on the board’s behalf. White updated the board that she met with the town’s financial team on financial policies. White will recommend working toward budget preparation, beginning with working with the budget subcommittee.

Update re: Finance Committee’s Proposed Article re: Elected Officials’ Compensations

White noted that Marsan had attended the recent meeting of the Finance Committee. This item will be discussed next week when Marsan is present.

Town Administrator’s Notes

White noted that due to clerical union movement, a vacancy exists in the Town Clerk’s office and she has moved forward in advertising that position.

Press Notes

None

Selectmen’s Notes

Goodwin announced that /FLO School was hosting a famous mathematician this evening. Goodwin discussed recent seminars held at the Massachusetts Selectmen’s Association Conference held in Amherst.

Webster read a prepared statement regarding her commitment to the town, accomplishments to date and the vandalism issues she has recently been dealing with resulting in a resignation this evening. See attached resignation letter.

Haederle spoke of stability of the town and hoped that Webster would reconsider her decision to resign. Bob Hicks concurred and noted that she must consider the safety of her family and appreciates the time she has given and also asked her to reconsider. Finance Committee Member Leonard Berkowitz also asked Webster to reconsider and asked her not to give into terrorism. Goodwin spoke with admiration of her decision and noted that she has put the town first, ahead of her own welfare. Goodwin applauded Webster and noted that she respects her decision and knows how much she has agonized over this issue. Tufts noted that this has not been a pleasant environment. Tufts’ indicated that he was not aware of the issue at hand. He spoke of the hate mail and the recent criticism from an individual criticizing government for not planning an event for 9/11. Webster noted she will not reconsider and that she wants to still move forward with the non- union bylaw change. Finance Committee Member Chuck King noted that she has been a model for public service. John Rizzo noted that she has done a great job in the past 1 ½ years which he has been watching.

On Tufts’ motion, seconded by Haederle, the Board voted unanimously by roll-call to go into Executive Session, not to return to Open Session, for the purpose of discussing pending litigation.

Tufts yes, Haederle yes, Webster yes, Goodwin yes. 9:50pm

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Approved

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Date