How we doing? Joe keeps visit next week. Outstanding. Hi, how are you? Wonderful. How are you? Good, good, good. Okay guys, we just returned from executive session. So now we're in open session and I'm going to ask every
please rise for a few seconds members of our community. You guys are still muted. Thank you. Oh, sorry. Everybody. Okay, you guys are on. stand up again. Uh, as I was saying, we have just
returned from executive session. We're now in an open session. We've already done the pledge of allegiance, but I'm going to ask everybody to please stand for a moment to um to acknowledge the people that we have lost this week, our friends and neighbors. Um, they would desire Daros, Sandra Burello, Francis
Dcasta, Elizabeth Iman, Michael Frenas, and Savannah Salame. Thank you. So this is my meeting with the planning board. You guys have to usually open anything. Yep. Yep.
Uh call meeting to order session between the board of selection and planning board 1802. I think we're good. Okay. Thank you. Um this is a review development impact feed proposal. Okay.
Uh so uh gentleman here is going to present uh his proposal for the uh for the uh impact fee. I'm sorry impact fee. Impact fee. Thank you very much for my thank you uh some uh work that he's done
and research he's uh the findings he has. So sir, if you could please Oh, I didn't realize I was going to do another presentation. Okay, no problem. Thank you. Pick a subject. I'll talk about it. No NFL football. Go. Okay. Uh in my fantasy league, I'm 4
and0. Okay. Um anyway, good evening ladies and gentlemen. Um I presented the work that I did regarding impact fees to to both boards. Um in a nutshell uh I
looked at um and let me state this uh as I started looking this is well beyond my uh capability both legally and from a study perspective uh to uh produce such a product. Um very briefly
um the purpose was to review the appropriate documentation and discuss with officials and other communities regarding uh aspects of implementing a uh development impact fee or linkage fees in Ditton. Uh for those that are um
watching on TV or we'll review this couple of definitions. An impact fee is a charge imposed by a municipality on new developments. Okay. not individuals uh building homes but developers uh to offset the costs
associated with providing public services and infrastructure necessary to accommodate the increased demand generated by that development. In other words, um a developer plopping down 10 or 20 or 30 houses has an incremental cost to the
police, fire, um highway department, etc. Uh and in the past or even today, those of us that live here, the developer leaves with a pocket full of money and we absorb those incremental
costs until it comes out to one more police cruiser or one more um uh hire for police to um you know, patrol those new streets, etc., those new uh development uh homes.
The primary purpose of impact fees is to ensure that new developments contribute their fair share towards the costs associated with increased demand they create. By imposing these fees, municipalities can fund the necessary improvements or expansions of public services such as
schools, roads, parks, water, and sewer systems. Okay? And again, it's the incremental or the new costs associated with that development. The problem or the I guess the uh
protocol that's required in Massachusetts is uh legislation is required um and approve approved by the governor. Uh the state allows every municipality
to do certain things to charge certain fees, charge taxes. And this is one of the instances with these impact fees or linkage fees where special legislation is required in the legislature for that specific purpose of imposing uh an
impact fee or allowing the town or the municipality to impose an uh impact fee. That would be step one. Step two is then a nexus study which essentially is a
professional study that uh links the incremental cost to the town's specific needs. Once that is completed, then the town has to um determine the methodologies by
which uh the uh impact fee is going to be um processed and how it's going to be collected and more specifically how it's going to be used. Now when I said I didn't really have the expertise to do it, it was quite clear in uh the
research that I did that there are legal steps all the way along this process. And I think it would be incumbent if the boards are going to move forward with this to have each and every step looked
at number one by town council. uh the nexus study be done by a professional organization that's well-versed in this and then town council again assist with that final step of implementation because
developers are going to not maybe are going to fight an impact fee every single step of the way. So if we have legal review it it narrows that that doorway that they can come they being developers can come through to challenge
us. If we don't do it this way to begin with through attorney and through the legal process I feel that we would open ourselves to a challenge each time by each and every developer. Um so that is
uh it in a nutshell and uh the documentation of the study I provided to both boards um uh details that a little more. Um, I would suggest that uh in part of your consideration, if you do decide you'd like to move forward, I
would also recommend that perhaps we contact uh Senator Duner or Representative Thurber to champion this champion for this for us uh in the legislature, you know, to get their to see if they're give us their blessing
before we even spend a nickel. Questions? I mean that's that's sort of a real oversight to what I to what I did and what I briefed before. What kind of fees are you talking about? Not what kind how much do you think
the ball for for which aspect fee to the developers? Um enough of them to challenge it. Oh yeah. Um, I think based upon the the
limited numbers that were there, um, so one I I I'm not going to name a town because I'm not sure. One town collected about $3,700 of which per threebedroom, two bath unit,
about $1,700 of that went to the water department. the remainder went into the back to the municipality. Uh the lowest number I saw was I want to say around $18 or $1,900.
Again, the the standard was a three-bedroom house, two bath, you know, garage, etc. Do they pay any fees now? Uh based on the fees, no. So, it's just application fees. That's it.
Review fees. Yeah. all that this would be something completely new, right? I would say they don't pay fees today with the exception to the town. The exception being that water and are external. Yeah.
And they do pay these pension fees that in other towns probably get incorporated into this. Yep. So in theory sense they actually this already exists but municipality. And um how many developers are we
talking about? 10 two any idea what what what's what's your history has been leading up to this that says um there's enough either on the books or coming down the pike to to implement these fees. Well, these wouldn't be implemented for
anything existed. Well, obviously, right? This is this is moving forward, right? Uh so the intent would be moving forward would be a way of recuperating the additional uh service services that the town imposed upon when the new development
comes in. Uh so uh what are we forecasting? I I don't know. Really no way. There's no way. We have We have two on the books right now this year. But this this the timeline for getting something like this in places.
Oh, it's beyond this. I was thinking five years, but five years. If we were to go forward with it, the first thing we have to do is right find out how we're going to pay for this. Y uh and then and then look at uh try to figure out how we get get with the
legislation and also get the nexus study funded. So there's there's multiple steps that come into play with this. And I think when you looked at Nexus studies, I mean, it's there's a big range, but I thought it was like 80K was the was the Yeah. Somewhere somewhere between the
numbers I saw were uh for towns, small town like a 75 $80,000 up to a large city which could run over a million, but I don't think we fall in that category. And I think we're sub 100,000 and it would be And then you got to look at
what is is the juice worth the squeeze? what's the return on investment on this? Um and so we're going back and forth to figure out what what that could really turn into and you know one big development um we could recoup all that. Um depending on the size of of the
development but really I I think at least need a couple big developments before we broke even from that point forward it would be positive. Yeah. If if I may, um my recommendation, and again, I have no best interest in any of this except as a
taxpayer, would be to at least try to go to the legislature and request the legislation that would allow us to do that. Yeah. because uh until that's we're
successful with that effort, the rest can't move forward. It just can't happen. Yeah. Um through through the chair, if I may, just to give my um uh my experience with u with impact fees, and I know Mr. Perry
and I have have talked in here at the board, I don't think the home rule petition is going to be very costly. So, so to to allow the um to allow the town to have to have uh to uh place impact
fees, I think as was expressed the um the the nexus study is is going to be expensive. um you want it done thoroughly because those from that you extrapolate the the
associated fees and on what size development do you start do you start charging fees what uh Mr. very place with the Cape Kai Commission which I'm familiar with with um you know you have to look at
developments of like 30 houses or more is that something that we think is going to occur in Dyton just and I know uh personally I've dealt with um uh with the development that was 30 houses or more and I believe the impact fees
associated were like $500,000 but the Nexus fee sort of extrapolates Where do where does where does those fees where do those fees go to? And they're very specific. And some of those fees would go towards like um an
affordable housing trust. Uh some of them would go to the DPW. So they you know so they they they're very specific in in where they go. Also a reminder um you know if we look at large uh large
developments which may come down the bike generally speaking 40bs are exempt from impact fees. So if we think that the next large development is going to be 40B if we go through all this it may it may not be uh it may not be worth it. So that's um you know uh my familiarity
with it what I've dealt with. So just to just to give you sort of and the next is I'm sorry what is your threshold? 10 30 houses. Nothing. Uh, nothing. I didn't, you know, I just looked at development, whatever would be defined as a development. I might also
add um that the the Nexus study gives an absolute solid audit trail. Okay? You're not guessing about it. This is would be done by a firm or firms that are well-versed in this, have been tested in this. And again, please, I I
did the study. I mean, I have no vested interest in this. When you asked, we talked about this a year ago, and I thought it was a great idea back then. Yeah. Yeah. But um anyway, I my recommendation to both boards at this time would be uh
I I think Ralph pointed out it would be minimal cost to try to move forward with the home rule petition because nothing no other switches are flipped until that one is successful. Nicole, do you have any questions at this time?
No, they answered it for me. Okay. Um, I want to thank the planning board and Mr. Perry for being here tonight. It's nice to see um some progress made on impact fees and nice to see everyone here. Uh, I still like the idea of impact fees with everything I've heard
and I I agree that we I hope that we can move forward, but that's kind of why I asked for everyone to be in the same room because if we weren't all at least kind of wanted to see if we had support because if we're not supportive, then there'd be no reason, I guess, to move
on if both boards didn't support it. Um, but I I agree. I think um with what Mr. Fataco said and Mr. a um home rule petition would probably be a minimal impact, a minimal cost just to get started. And um that would be the
first step to this. And um but what I'm not totally clear on is would we go to town council? And I think Matt Costa would be well equipped for it, but planning board, you have your own counsel, correct? So that's I guess what I'm not sure of. Who would be the most
appropriate person to weigh in on a home rule petition? Again, through the chair, I would I would surmise that it's our it's town town council because it's a home room petition for for the town of for the town of Titan. So, um so we would you
know it would it would be it would be through gay and gay. Yeah. And um special legislation wouldn't go through planning, right? It would go to town meeting. Town meeting. Yeah. So, this is
something we could keep on the front burner for annual town meeting, right? That's But you would all of those developers would of course be going through you and you guys would be kind of administering the special legislation. Is the planning board supportive of it?
The idea we can go through. I mean, I know. Awesome. Great. What we need to do is to make sure that right well the return is worth the effort that we're going to put
into it if we if we get approved right I I it again through the chair I think if we want to implement the impact studies Um, and then I'll, you know, I'll do some more research as, you know,
leading up to it. Um, does does the special, uh, is the getting special legislation require us within a certain time frame to do to do an impact study? Like I said, I think um I think uh do uh yeah,
an NEX study. Um, I don't think it does, but I I will do my research on it. But again to uh put forward special legislation, I don't think it's, you know, um it's that costly. Uh but uh but we'll I'll come up with the numbers uh
for that. Again, the nexus study um is costly. And then through that, as Mr. Perry says, it's an you really need a defined audit trail. So when someone comes in with a development of 10 houses, 15 houses or whatever, they know
for every 10th house it's going to cost me X and that's, you know, that's pretty much how it's that's pretty much how it's done. Usually they have um I I'm only familiar with it with with larger
staff because they just they crank out, you know, they sort of crank out a report, you know, what's the environ, you know, what's cultural impact, environmental impact and everything, you know, there's a finding and associated fee uh with it. So, um we just got to
figure out how how to do that, you know. So, that also for those again I I think um that could be if there was going to be a statement of
work for the nexus study you know that could be included in that it's just again I don't mean to beat a point to death but it's all those little incremental costs and for the sake of argument let's use the number five or 10 houses for
development. Well, uh single units, correct? Um that's more roadway to plow and repair. you know, that's another police patrol or more miles to patrol. And ultimately,
uh those um incremental costs add up to one, you know, one more patrol, one more or two more officers, one more uh supporting unit for fire, etc., etc. And um uh what uh I lived a number of years
ago in Frederick, Maryland, and they had a plan like this where they had the incremental costs all figured out. They had a nexus study done and believe me there was a great deal of development going on there and that included single family town houses and um apartments.
Okay? Uh and they collected that that firsttime cost from the developer and of course the developer pass that along to people buying the units. But one of the points being, as we emphasized here, all of us that live here, every time a developer
comes into town and builds x number of units, we pay that incremental cost again and again and again and the contract or excuse me, the developer leaves with a few more bucks in his pocket. Those bucks ought to stay here. That's my feeling.
That's why I had asked what what you envision for the future because um is there going to be a run on this once the word gets out that Titan is going possibly charging these fees? So, let's get developed now. Like you just said, it's only going to be passed to the
homeowner. So, $500,000 to a developer is just split among the houses that that person builds. Um, that's why I questioned, you know, what kind of litigation would there be when yeah, I might have to uh pay upfront the
$500,000 or whatever step along the way, but the homeowner is eventually going to give me $3,000 extra per house. So, why why should they spend money on litigation that it's not going to cost them anything in
the end, especially Right. I also had a call. Now this is to the city of Chsford very different from Sure. but they they have an economic development and they have this in place
they implemented it and his take was that they never walk they never what they don't walk with the piece at all. Oh, they know they're passing along. They're compliant. Now, obviously that's not a true statement in every scenario. Mhm.
But he's felt been very successful in um they crafted their leakage fee to be very wise in terms of where the money can go. They can go to capital projects. It can go to schools, parks, etc. It's it's just a laundry list. Sure. Long
laundry list of anything and anything they want to spend it on. Basically, they have permission. Yeah. And it it has to be, if I may, um the monies collected cannot be used for items that currently exist. Y
they have to be used for those things that must be done as a result of the new development or developments coming into the municipality. Okay? So you can't say, well, we'll take this money uh and
we'll do something. We'll add new offices in the the school building. No, it would be as we need five new classrooms because of this development has to be as direct result of the impact of the development. Address your question before about
what's to stop somebody from going to litigation. I I think with any like any change, there's going to be growing pains. Yeah. And there's going to be a lot of upset people coming to town, coming to this town to develop and knowing that these additional fees showed up. Uh will there be a town? I have no idea.
Yeah, maybe maybe not. But uh if we we do it correctly, done our assert correct legal channels, uh then we just are up front with it and uh we know what the goal is. Yeah. And so I think we'll be all right.
Yeah. with the average price of a home here in Dying. Um, $3,000, $4,000 more is a drop in the bucket, I think. Absolutely. But I'm all for it. I don't know how you guys feel, but I think it's
an excellent idea. I appreciate the work that you've done. Like I said, I know we talked about a year ago when this your idea first came up, but um got to be proactive than uh than reactive with this. So, For me, I think it's great.
I have a question. Is there a possibility that maybe grants out there that could help us out? I I I don't know. I I haven't heard of any, but I haven't looked. So, uh if there is, we'll certainly take advantage of it. But if anything, it'd help offset
the study, which seems to be the biggest chunk of of this problem. can uh can I think first uh first step let me let me look at the special legislation let's look let's let's let's look at that road
what that's going to cost that be successful there with that yeah and then and then once you know once we have that in place um you know we should have a good leadup time you know for targeting annual town meeting again I would I really believe we should
contact uh Senator Duner and and they would say hey we got this great idea. Would you be supportive of it? Because they have to carry that they have to support and carry that legislation through the legislature. Well, they supportive of everything
we've done up until now like it. Not that it's a negative there, but um I don't see any reason why they wouldn't support it. Why? It's it's they they've asked me constantly, what can we do for your talent? Write a check.
Well, that's what I get to say. Okay. Um, logistically, while we have both boards here, I feel like it would make sense, I don't know how everyone else feels, we'll get a first draft, I'm sure, from attorney Costa, um, at some point it would make sense for the
planning board, I think, to review it first. Um, once they're happy with it, then it would come to us. Sure. And so, I feel like it would make sense, even though it's town council for No, we'll for the way it we'll work with the uh the planning office. Okay. Does that work for the
everyone? Okay. Awesome. Thank you. This is great. And ladies, awesome. Thank you. Um, we have a you discussing that recommendation to appoint Daniel Viv to
the committee, but that's not you guys. So you can so make a motion to the joint session board. All favor. Thank you guys. Thank you.
Good job. Uh this is the review discuss and act recommendation to appoint datab. Sure. I'll second it. Uh motion has been made and seconded. Any discussion? All those in favor? I. Thank you. Thanks.
That that's makes it easy. Um the Dyon Lions um club food bank will be held next on Saturday, October 18th, located at Town Hall in the lower level. The Friends of the Dayton Public Library will have their third annual golf tournament. It will take place on
Sunday, October 5th at the Swansea Country Club, 299 Mark Street, Swansea. For registration, you can contact Kevin Smith at 508509-2713 or revive parks dyon parks@gmail.com. On Saturday, October 25th, 2025, from
10:00 am to 2 pm, the Drug Enforcement um administration will coordinate with the Dayton Police Department for a one-day prescription drug takeback event to remove potentially dangerous controlled substances from the home. This is an opportunity for the public to surrender pharmaceuticals, controlled
substances, and other medication to law enforcement for destruction. Tom through the chair if on a personal note I just want talk about the one day prescription drug takeback how how important that is cuz
you know people they just have leftover medications they throw them out or flush them down the toilet that is not the proper way to dispose of medications this is the way to do it um um I if I can impress upon everybody if they have medication expired medication medication
that they don't need medication that was once a loved ones who's not with them anymore, please take it to the takeback. Uh it just they know what they're doing. They'll they'll dispose of it. They'll dispose of it properly. Thank you for how successful is it?
Um or has it been? It usually is. A lot of towns have a wind up having like a drug takeback box. Okay. There was there once there was a lot of um a lot of grants uh for that. Uh but it it's usually it usually is pretty
success because people don't you know people don't they you know they stuck with a with a like a plastic bag full of whatever and I said you know and what do I do with it? So at least this gives people an opportunity to um take it to the police station. No questions asked.
Just yeah just drop it off. Just drop it off. Um on to public input, did you have anything that you want to announce? Nope. Uh public input. Uh this is the first of two. Is there any at this time from
anybody? Yes. Nancy Nancy Koulat 631 Great Terrace, North Don. I've received a number of phone calls and emails from people who have told me about stuff that's on the internet or Facebook or somewhere
relative to the situation, the dam on Elm Street. And so I took the time to research. This is based on historical documents, the map hanging on that wall,
actual experience. Thank you. I had as a selective uh in dealing with Thank you, Nancy. The uh the dam uh and other projects that involved
Astroenetica. Uh also involved with the discussion was Mr. Fernette who's here tonight and Tom Ferry. uh because both of them uh is right if I give these out. Absolutely.
Um worked with me on various projects for the town to acquire property. Right. So if it's okay, I would like to read this into the wrecket. It won't take that long. Sure. Arnold Hoffman and Companyiciastroenica Reservoir on Elm Street, Dyon, Mass.
What follows is an outline of why and how the reservoir that was created to provide fresh clean water to Arnold Hoffman and company AHNC for manufacturing purposes came about. The body of water has been referred to as
Muddy Cove Pond, Elm Street Dam Pond, the dam and so on over many years. Muddy Cove is located east of the old railroad bed that runs along County Street, bounded by Muddy Cove Lane on
the south and connects to the Taton River at the Pleasant Street Bridge. The Sally Richmond Brook aka Richmond Brook flows under Elm Street through the former Arnold Hoffman and Company site and eventually into Muddy Cove. It is
not a pond. It is a reservoir which is defined as a small body of still water formed naturally or by hollowing or embanking a large natural or artificial artificial lake used as a source of water supply. A dam is the physical
structure like a wall that blocks water while a reservoir is the artificial lake or body of water that forms behind the dam when it stores water. Think of the dam as the container and the reservoir as the contents within that container. It is important to
distinguish the difference between a pond and a reservoir because of the purpose each serves. In approximately 1953, Anna Hoffman and Company had the Sally Richmond Brook damned to recreate a clean water supply for its
manufacturing operation on Main Street. The brook did not supply enough water. So a pipeline was constructed from the segregans river on Brook Street and water was pumped to the reservoir. When the Dyon water district was formed
and able to provide a clean water source, the use of the reservoir decreased. Eventually water from the Segregans River was not needed. The pipe is still there. Over the years, although the property is privately owned, residents have enjoyed fishing,
canoeing, sledding, and skating. The reservoir is estimated to be approximately 3 ft deep, relatively shallow, except near the dam spillway. Photos were taken when the water level was lowered, so the town could replace a culvert on Main Street. The photos show
a large area of mud flats with a meandering stream flowing through it. For almost 35 years, I lived at 372 Main Street across from the plant. It was not Astroenica a who was responsible for the
multicolored ice and water seen in Muddy Cove or who discharged noxious noxious chemicals into the air. Astroenica has been a good neighbor to the town. Astroenica was asked to donate land adjacent to the old library on Main
Street for parking. They did. Astroenica was asked for an easement for a pipeline to manage the flow of water from an area east of Elm Street and north of Main Street that crossed Main Street onto a Astroenica property towards County
Street and into the drainage system. They donated the easement and $60,000 to help pay for materials for the project. The green strip of grass that is on the west side of County Street, just south of the Main Street intersection,
contains that pipeline. Astroenica offered three lots on the north side of Main Street. The reservoir and dam to the town. The selectman met with Beth Talbot from the state who was involved with projects involving dam
repairs and removal. She advised the selectman that the condition of the dam spya and has been for years. The town had the Astroenica properties tested by Weston and Samson and all came back clean. The work was paid for by a grant.
The board of selectmen, Jack Taylor, Nancy Gulot, and Brett Sagrais placed an article on the town meeting warrant to accept the three lots which passed. In November 2020, a memo was sent to Charles Elundorf at Astroenica with a
proposal outlining outlining conditions under which the town could accept the gift of the land and reservoir to be used for recreation. The town was required to prepare a municipal vulnerability plan MVP
and hazard mitigation plan HMP. The town worked with Serpent and Bill Gunther from Fusset O'Neal to conduct workshops and develop the plans. The dam and reservoir are part of the plans. It was recognized as a source of clean water
for the town. Before anything is done to change the status of the dam, Astroenica should respond to the proposal from the town. We were advised at a selectman's meeting that Charles Elundorf has retired. So, it behooves someone at
Astroenica to get back to the town regarding this proposal. The governor recently announced that $1 million has been earmarked for dam repairs and removal. The dam on Elm Street was not constructed as a power source, but as a structure to store
clean water. It is the only large freshwater body that is readily accessible to the public and its value as a recreational facility should be recognized. The property is still privately owned.
However, it is not posted no trespassing, is not fenced, and continues to allow fishing and other rec recreational activities. The town should follow up on the funding available for dam repairs and removal before any work is permitted at the
site. Information for this report includes discussions with Tom Ferry and Bill Fernet, who were involved with the recent town acquisitions. Respectfully submitted Nancy J. Hula October 1st, 2025. I hope that answers a lot of questions,
clears up some of the misinformation that's out there, and provides a background on thought from the board and residents about this property. Um, I believe they've asked for permission to lower the level of
water in the the pond, the reservoir. again. Um the fact that it was recognized as clean water certainly dispels some of the um misinformation about the status
of the pond. It was tested. It came back clean. And as a side note, when I mentioned the water supply from the Segregancet River, when the bridge was replaced on Brook
Street, I was involved with land taking and easements and that's when I found out that Monttop from Somerset owned the property. Took me a while to find out who the parent company was, but uh it turned out to be the big energy conglomerate.
and I contacted some about the easement. Uh, and that land was offered the whole bit, the the lots, the land, uh, and the Brook Street property to the town. Um, but the the, uh, my fellow selectman at
the time did not see the value in acquiring Brook Street and so everything was just forgotten. Yeah, we continued to work with a to get the uh easement for the drainage line that uh Tommy's department put in.
It was sometime after we acquired uh Council Oak 2 that I happened to be talking with Bill and Tommy and when I said it's too bad we didn't acquire the property on Brook Street, Bill says I've been trying to get it for 40 years. That
relates back to this court case when Dyton sued Somerset over water rights to the Segregans River. The property was owned by Monttop. Dyon lost the case. The deed clearly states that the town of
Somerset has the right the right to withdraw 1,600,000 gallons per day from the river. and Monttop reserved the right to withdraw 1,600,000 gallons of water per day,
600,000 gallons to be diverted to its plant in Somerset and 1 million gallons per day for use at Arnold Hoffman and Company. So obviously Monttop was selling water to Arnold
Hoffman. So that's why it didn't need, if you will, the reservoir and the backup. The pipe is still in the bank because when we did a site visit, Tom, Bill, and I,
he pointed it out to me. I took pictures up there. There's no pump there, but that water supply connection is still there. And it actually we believe it runs through the back land that the town has acquired over a period of purchases to get down
to there because with the purchase of the land on Brook Street and the western half of the river, you can walk from Brook Street to Elm Street on town land, it's land off of obviously Elm Street, but it's all back there. Um,
when the town acquired the Brook Street property and the water rights to the river, uh, the latest deed that was generated when that happened clearly indicates
that Somerset still has its right of 1,600,000 gallons. That's clear in the deed. There's even an easement in there to make sure that with Dyton acquiring it, nothing happens to the easement the
power company has because a little bit of that property that we own has the high tension lines. Okay. And as the uh successes assigns to the property from Mont that other 1 million600,000 uh uh
gallons in water rights belongs to the town of Dyon. Okay. But all of this came about through different projects over different times and work that I was involved with with both Bill
and Tom Ferry as different uh projects evolved and we needed a land takingaking and all those kinds of things. But um there's a lot more to this. But I think there's enough here for people to stop and think that when they hear some of
this stuff about dirty water being pumped up to the pond and sent down to the It doesn't make any sense. Um and pipes sticking out here or there. That wasn't to pump dirty water. Uh that's all deed water rights which the
town owns. So, I just wanted to mention that because hopefully the people who have been emailing and talking to me uh here and there, sure, understand there's more to this and it's really something that the town has uh
should follow up on. But the other thing I will mention on each of the projects that we had, first one was the parking for the library, we dealt with an individual When it was time to talk to Astroenica
about the pipeline, the easement, it was somebody else. When it was time to talk about we separated the the dam and the pond from the three lots on Main Street, it was another person.
And Astroenica is such a large company, no one person seems to handle all of this stuff. And when Mr. Elundorf talked about this is what you have to do and this is what's required and we require this. Bless you.
I said we know that we did the same thing when you gave us the other projects. They were not aware Mr. El was not aware that Astroenica had already given us parking, given us an easement and contributed $60,000 to help for
materials with the project. So I'm thinking with his Mr. Elmanorf's retirement, maybe the ball got dropped and somebody just says, "We got an engineer working on the cleanup. Let's just take it down." But but but but I hope in um future discussions uh
somebody takes a look at this. Sure, it's factual and I can probably find a lot more stuff, but this is all I could put together. I'm sure notice. Great. Well, thank you very much. This is very informative. Thank you.
And the reference to the Sally Richmond Brook, as I've said before, is on that map. Thank you. Thank you. Thank you. Anyone else at this time? Yes, sir. How are you? Doing great. And you celebrate?
Great. Thanks. Um Tom Deluchcci, uh 2086 Balmer Street. And um if I may, would you indulge me because um to paraphrase George Washington, my eyes have grown old in the service of this country. And not only that, but uh the
statins are taking a real toll on my memory and giving me Joe Biden brain. But um I'd just like to uh oh, one other thing I'd like to add to uh what Mrs. Gulart was saying. Um, she's right that that's
a great source of water and that's something that should be explored with the water department as well because an above ground water source is less likely to contain PAS even though the uh Trump administration has um
you know allowed a little bit more PAS to be in there in in the water supply. Uh it's a really arcane conversation I don't want to get into. um there's less of it in above ground water sources. These are the forever chemicals that you know can cause cancers and so forth. Um
so back to this um recently some members of the Dyon GOP as well as the community at large felt moved to hold a vigil in honor of Turning Point USA founder Charlie Kirk. As the event was announced, the usual loathome keyboard warriors began their campaign of
disinformation and ad hominemum attacks on those holding the vigil. We were accused of needing white hoods, insinuating that we were racist. Nothing could have been further from the truth. As a matter of fact, the Ku Klux Clan was founded by Democrats to carry out racist terror campaigns against their
former slaves in the recently liberated South. Other internet trolls have made a slew of phone calls to town hall pestering otherwise busy town employees with their paint plaintiff caterwalling. They can't do that, they scream. They need a permit. This in spite of the fact that
on June 6, 2020, at the height of the alleged pandemic, the very same leftist gutter snipes held a Black Lives Matter rally on the exact same spot. To my knowledge, they never pulled a permit for that either. The top three police officers even knelt in submission to the
mob gathered that afternoon. How could these same officers be asked to enforce the law against us? We ultimately had a crowd of approximately 80 people who were respectful. We were quiet. We were not disruptive and we were peaceful.
As far as the Trump trailer being on site, we had the permission of the landowner across the street to put the trailer on his property. Due to a personal matter, however, the vendor in question had to leave prior to setting up. Knowing this, know this. Moving forward,
in spite of the unconstitutional town bylaw stating that we need a permit to exercise our First Amendment rights, I will never ask the permission of the state or the town to express myself. Nor will I tolerate the enforcement of that unjust law against anyone else.
When you have to ask permission to exercise your rights, they are no longer rights. They are privileges to be granted or taken away by the whims of totally little bureaucrats in government. The Bill of Rights was written to protect those rights from government encroachment. Think of the think of it
as a chain on a vicious dog. 40 years ago, I swore an oath to support and defend the Constitution when I enlisted in the army. That oath never expired. It carried with it the responsibility of having to read the Constitution. I suggest that everyone do so. Thank you
very much. Thank you, Tom. Mr. Chairman. If I may. Sure. I'm not going to argue with him. I want to clarify something. I was a member of the board of selectmen
when the event he's talking about took place. There was no permit issued. They were told they could have uh they could use the public sidewalk in front of town hall. you know, the that's lower
than the the wall because in effect it was state property. They were allowed to be there. I know there was an overflow crowd and some people ended up over the stonewall on town hall property, but absolutely there
was no permit. They also wanted to uh fly a um I'm trying to think the multi the m the multicolored flag um that was denied. Um,
there were police officers around, but it wasn't a matter of, I'll say, enforcement or corelling anybody. And I'm only referring to that particular event because I was involved in it. And the permit was not issued simply because
it wasn't clear exactly what was intended, the extent of it, the size of the crowd, and everything else. They were not told no you can't. They were told again specific place the sidewalk. I agree. I think we all agree that
freedom of speech and our constitutional rights are important and we didn't violate violate any of them that day. Thank you. Mr. Do you have anything you want to add? You sure do. I'm your stream and wetland guy.
The stream I know every stream in the town of Dayton. Just one second. Just can you give your name? I'll get your name. Oh, I built built for I live on Hart Street. Sure. And Dyon for I don't know 65 years or so. That's all. Uh you're new, huh? Huh?
You're new to town? Yeah. But uh I I do I'm I'm a wetland freak. I I've been turning over rocks and creeks since I was six years old. So it's been over 80 years since I've been st I know wetlands. I know streams.
I know swamps. And I know your acrya and I know in the town of Dayton I know there are places and that the acryer is what feeds our wells. We have good wells in Dayton. Thank God. But if somebody's going to
offer you water, clean water, I don't care if it's a bathtub son, just a a tub of clean water. Take it. Please. Zenica wants to give you that pond. Please do some research. Somebody do
some research and get on this thing and take it before a German company buys Zenica. And then and then they won't know who Dyon is or the damn or the the dam on the on the reservoir. This that
that's a from Jesus. There's a great big swamp that's that borders William Street and Hart Street. It sits right in the middle of that thing and it drains. It drains in a northerly direction, goes
underneath Hart Street, runs through the woods, crosses a couple of hay fields, then it hooks out onto Main Street, makes a loop. There's no place on that stream, on that drainage area that can get contaminated. When that water hits
that pond, behind that dam, it's really clean water. And if somebody's going to offer that to you, please take it. I I don't know. I'm not a used car
salesman like my my buddy over there up against the wall. So, and and I can't uh I can't negotiate a a damn thing, but uh this is a really valuable piece of property. Uh
how much did you pay for that bottle of water right there? Well, I got a free meal refill, but probably 30 years ago, you never saw any water for sale like that. Water is the most valuable element on this whole planet.
Somebody wants to give you some water. Come on, let's go. Let's do it. Please assign somebody. If one of you guys take it and are successful, your your your election results for the next 20 years will be
will be set. You got to promise something we want that. But but it it's it it's the cleanest. It's the cleanest stream
in Don that fills that pond. I've walked it from the beginning to the end. You can you can't get too far into that swamp. It's it's one of the thickest, biggest swamps in Bristol County. And uh but it it just drains.
Well, actually, there's another drain on the tower line at the old rust property, and that and that's just a a springfed stream that never dries up, and that joins the creek somewhere near
the tower line with the crosses, but uh I wish I I wish I could I wish I could I I wish I was more eloquent. I wish I could I wish I could get Jo to stand up and applaud because that's one of the most valuable pieces of property in this town of Dyon
and and Zenica wants to give it to us. Please, let's not lose it. Let's get it somehow. Uh I can I can show for people. I can I can walk people around the swamps. I can do anything like that. But I can't I I
can't negotiate uh for that piece of property. Uh we need somebody to do that. Please don't don't don't let don't drop the ball. Don't don't we I don't want to lose that that pond. Sure.
That water supply. Clean water. My goodness. Thank you, sir. Okay. Okay. The Yankees The Yankees scored two in two two runs in the first inning. Thank you.
Thanks. Thanks, Mr. Chairman. Just to butress their argument. They're I think they're right. Um this guy going to help with the I am going to help. Um the the town uh the town doesn't have a lot of money
right now, but Zenica does. Zenica's made a fortune since 2020. we know with the uh vaccines and so forth that they've had um it strikes me it would be a relatively easy matter to negotiate um you know some kind of a settlement
with them where they um they pay to repair the dam because I know the dam is uh in disrepair. Is that right? So they pay to repair the dam and then they kind of hand it to us. Um, I know the move at the state right now with the uh
environmental wackos that are running it is that they want to take down all the dams and bring everything back to its natural condition. But there's a reason that we have dams. There are a lot of good reasons and uh number one is a source of fresh water. Um, it's one of the only nice things in
town. So I, you know, like nice recreational areas and so forth. We've got the river and everything, but it's a whole different ballgame with with the pond. So, um I I would like to see some kind of um effort, some kind of headway, some kind of um negotiation made with
Zenica to, you know, force their hand and make them uh fix the dam and just kind of, you know, give it to us uh in perpetuity. Uh but I understand that would also require a maintenance contract or something like that. So, the town would be on the hook for that. I I don't know
where to go with it, honestly, but I I do want the town to have that piece of property. Thank you. Is there anyone in the table that wants to speak at this time? Okay. Um then we're going to move on to
selectman's reports. Um the only thing I want to say is we had a great time on Saturday the uh when the library opened. I think they all did an outstanding job. I mean, you were there and um
it's something that the town should be very proud of to have. But uh that's what I have. Nicole, do you have anything? No, I don't have anything. I echo your statements. The um the library and the board of trustees and all that was involved put a lot of thought into the details. all of it,
every small detail. They um their passion is contagious and um so it's nice a nice community event and it's nice to see such a long project come to fruition. Um so thank you to everyone involved and um something for future
gener now and future generations to enjoy. Sure. Thank you. Uh town administrator's report. Uh thank you. A few things. I know I have a free cash certification listed. As you saw, you probably saw about a
week or so ago on the 18th, the uh town received its free cash certification ending fiscal year 25. So that was almost $2 million, $1.99 million. Um just to as you saw the town accountants breakdown of that um one
thing we we carried uh $234,000 from from the from the previous year of free cash. Um we did better than expected in in terms of um in terms of interest rates and and um and excise
excise tax for for new vehicles. and something a big a big chunk of money was turned back by the departments. Um so I want to say that um you know we've been you know since the year I've been here we've been preaching um fiscal fiscal
restraint and I have to say the departments did that and they did a a significant a significant turn back. Um $1.9 million is a a decent amount of money. Um, just to put it in perspective, our 5-year average for free
free uh free cash is $1.8 million. Last year was 1.1. Uh, the year prior to that was almost $3 million and then it was more false towards the average 1.7 1.8. Um, so in next week we're going to be
discussing um special town meeting. We're going to use um again some of that money to to uh address capital uh capital costs and to sort of backfill into our stabilization funds, capital stabilization funds and and um and the
uh the rainy day fund. So, um you know, my hope and have a again a team meeting. Uh we we I'd like to bring a significant amount of money forward toward the um at least a million dollars uh towards um annual annual town meeting this year.
So, at that time, um hopefully we could continue to address uh to address our capital needs. or so. But again, um as we go over a special town meeting, we'll um we'll give you uh the breakdown the
breakdown on those costs. Uh something else to discuss. I know um this was brought up. Um you know, uh you know, right now we're looking for building commissioner. Um we've received we haven't interviewed yet, but we see
received two uh promising uh um resumes. Uh but um but in the short term uh we're we're using uh other um other building commissioners and building inspectors. So um both uh both are from CCON. Um
we're going to use we're using Jeff for some and actually his assistant Mike Aunis for another. Uh but because they work for CCON, um we're going to um put forward next week um because we just can get Mike on board. So we'll do it all at
once as special municipal employees so they could work so they're allowed to work in in in both towns. So So um so we have that coming up and we would appoint them to right on on a temporary basis. Yeah. Okay.
Yeah. So as long as they're interimm so as long as they have it. So, just to sort of cover them and cover us. Um, and last but not least, um, I did some research on Robert's rules of orders,
uh, that you had, uh, asked me to do. Um only members of the body. Uh if you are allowed uh to speak in um when you do a uh uh for a motion to discuss um for
to discuss a motion, right? Um people in in at town meeting people come up because at town meeting the people are members of the body. It's not that it's not allowed. It can be allowed by the chair and then um the chair.
You can either do it by vote or you could sort of get a consent of the board. So if um I know this board likes to have um public input, it's it's um it's not generally it's not allowed, but
it is allowed under the discretion of the chair. It could either done by vote or by or by consensus of the board. Thank you. So what would you guys like to do on that subject at this time or we just
through our vote at the at the time? I think not having something set in place like there's sometimes that I think that we're all on board that possibly we're all teetering on something and we would like to hear. We seem to be pretty all together with that.
So I think it depends on the situation. Like I hate to say we're not going to allow public input when potentially one of us could be sitting here and and like we said it's up to you Peter if one of us ask it and you are not comfortable with it or the other two aren't.
Sure. What do you what are your thoughts Mark? I echo what you said. Yeah absolutely. Okay. Thank you. Yeah I get through. It's easy enough to say you know you just turn turn to Yeah. You just turn to shall we hear from the public and you guys nod your head. Good.
Then then then it's under the discretion of chair you allow it. You but but if at some point you know you could do what we want to hear and other members say no we've heard enough that then you don't allow it. Okay. Great. Thank you.
Sure. Um moving on to old business. Will you discuss and act a vote to approve that exclusion language for the annual count election ballot? Um at the uh August 27th meeting, the board voted to put the uh debt exclusion questions on the ballot and then at you
know at the time uh select Pico goes and um at a language at a subsequent meeting. Here's the language. Uh the language is is um the same language from the last time. It's prescribed uh it's
prescribed by the state. So um uh this is what we have. I think if if I may comment on it, the confusion is that it's called Proposition 2 and 1/2. Anything outside of the normal taxes is
Proposition 2 and 1/2. I think when people see that they automatically see override and and and I think um you know as we go forward um um this is might be something we um we focus on that might be where the
confusion lies. So just something to keep in mind but this is again uh this is the language that's pretty much prescribed by the state and uh which has been sort of approved by the AG last year. So, so this is where we're at. We
just need you. I'm just looking for you to um approve it so we could pass it on to the town clerk who could pass it on to the AG's office for eventually uh placement on the ballot in April. I think people are going to be confused.
I wish it was a simpler way to um I I I hear what you're saying and I agree with you, but that's why we um instituted uh at at town meeting. Um you know, we're in a better place right now and we
could describe, you know, what the vote is. Yep. It's fine. I we can only do so much and I think that we've Mark did the research. Mark helped us do more than we did last time. So I mean
what do you think? Okay. This is review obviously discussion and then we got to act on this please. So can somebody make a motion to either accept it or not make a motion? I'll make a motion to accept the language for the Bristol Plymouth
Regional Technical School District debt exclusion dial question and Bristol County Agricultural High School debt exclusion ballot question as presented. I'll second that. Motion has been made and seconded. Any more discussion? All those in favor? I.
So, now that this has been approved, um Matt's going to work on the yes. what the yes and the no vote means. Yes. Okay. Yeah. Would you um mind at our next meeting under your report just getting from Matt when does he
anticipate having that for us? Just so the public's aware. Thank you. Uh moving on to new business then. Again, these are all going to be reviews, discuss, and acts. uh close the town special uh the special time meeting
warrant. Um it's a no-brainer. I'll make that motion. 7:10 p.m. I'll second that. Um motion has been made and seconded. Any discussion? All those in favor? I I uh facilities request for the annual DNA
club yard sale. Looks like all the information was in unless I missed something. I believe they have everything in place. All the insurance is it's pretty standard with that. So, is there a motion to approve?
Just one thing, the um certificate of insurance, they just need to add um the town of Dayton as an additional insured for the facilities policy. So, I would um make a motion to approve the facilities request contingent upon an updated certificate of insurance.
I'll second that. Motion has made, seconded. Any discussion? All All those in favor? I I um award the salt bids. Usually Tom is here to talk about them, but it's really self-explanatory. Yeah, it's through sage. You know, we got the bids and Tom's okay with them.
So, yep. Does do they drop it off? Cuz I know there was a pickup cost and a like a deliver cost. Do you know if they I don't I think Tom called them. They pick it up. So, my only question was is um I don't know where Eastern Minerals
is versus Morton Salt. Are they both kind of geographically in roughly the same area? Right. Cuz that might make a difference too, you know, if if he has to go pick it up. But either way, the highway department highway superintendent recommends,
right? Okay. Make a motion to approve this recommendation as presented. I'll second. Motion has been made in second. Any more discussion? All those in favor? I um job posting in description for
administrative position board of health. uh through the chair. Based on our discussions uh previously, we I request that you uh table it. Okay. I'll make a motion to a table. Second. Motion has made the table and seconded. All those in favor? I
um release the weapons executive session minutes of July 23rd and August 13th, August, 2025. I'll make that motion. I'll second it. Uh motion has been made and seconded. Any discussion? All those in favor? I
a surplus report for disposal from the planning board. Just getting rid of these monitors for both them and the ZBA which is one and the same. I believe same monitor I believe
individual monitors are they? Well, it's the same secretary for both. That's why I thought maybe Okay. It looks like the same serial number to Oh, sorry. So, I'll make I'll make make a motion to dispose of the surplus equipment for
planning and zoning. I'll second that. Motion has been made and seconded. Any discussion? All those in favor? I approval of the warrants. Hopefully, I don't have to repeat these because we got a few here. Okay. Uh warrants paid by September 18th, 2025.
Um 12 A26 for $141,194.35. 12B26 for $167,58.3. 12 C26 for $5805. Warrants paid by September 25th, 2025.
13A 26 for $135,1622. 13B-26 for $166,57.19 in warrants paid by October 2nd 2025 14 A26 for $124,669 14 B26 for $518,385.32
and 14 C26 for $164,63. $3.50. I'll second that. Motion has been made and seconded. Any discussion? All those in favor? I I. There is no correspondence this week. Uh and then the minutes we're going to table. I'll make that motion.
Second. Motion has been made seconded to table. All those in favor? I. Uh last of the public inputs. Anybody? No. Public input. Oh, okay. Uh then motion to adjurnn. I'll make a motion to adjurnn.
Second. Motion has made second. Any discussion? All those in favor? I thank you. Thank you, Dave.