SELECTMEN’S MEETING

APRIL 12, 2004

 

 

Chairman Perkins called the meeting to order at 7:00 PM.

 

Selectman Bond, Selectwoman Brunelle, and Selectman Andrews were present.

Selectman Wiksten was absent.

 

 

 

SELECTMEN’S MINUTES

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the board

            VOTED:  To approve the Minutes of April 5, 2004.  

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for WRPD Permit – Smith – 577 Wareham Street

 

Chairman Perkins read the following:  “The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on April 12, 2004 at 7:05 PM, for the purpose of discussing an application filed by Azor Land Sciences, Inc. on behalf of David Smith, for a Special Permit under the Water Resource Protection District By-law, to allow the expansion of an existing hayfield by 2.5 ac. +/- by clearing of trees and vegetation within 25’ of a fresh water wetland.  The property is adjacent to 577 Wareham Street, Assessors Map 10 Lot 198, and is located in WRPD Z4, zoned GUX.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Darren Michaelis, Azor Land Sciences, Inc., was present to represent the applicant.  He returned the green cards.

 

Mr. Michaelis told the Board that the request was being made to expand an existing hayfield.  He explained that the applicant wishes to put the land under Chapter 61A, which requires 5 acres for hayfields.  He said the fields will only be utilized for hay.

 

Chairman Perkins read a letter from the Conservation Commission saying that they had issued a Determination of Applicability that would allow the expansion to the wetland line.  The ConCom also noted that the WRPD Bylaw for Special Permit Uses in Z4 does not recognize this type of agricultural activity as permittable.

 

Chairman Perkins noted that the Bylaw is not specific to allowing, or not allowing this.

 

Selectman Andrews suggested that comments from other Boards should be very specific, and not left to interpretation.

 

Selectman Bond asked what type of fertilizer and pesticides would be used.

 

Mr. Smith said that standard fertilizer would be used, which is already being used in the existing hayfield.  There would be no pesticides.

 

Ralph Hunt, 581 Wareham Street, was present.  He presented pictures of the site, including aerial pictures.

 

Mr. Hunt said that the existing hayfield has been no bigger than 1/10 of an acre for the past 40 years.  He said the applicants have cleared the field by hand.  He also said the plan showed dry land where there is free standing water.  He also noted that the stone wall had been recently created by the applicant, and fill was brought in.  He said he has brought his concerns to the ConCom three (3) times.

 

Chairman Perkins noted that the ConCom was presented a copy of the plan, and had no issues with it.

 

Selectwoman Brunelle asked if the existing hayfield was in the WRPD Water District.

 

Mr. Michaelis said it is.  HE said that the wetlands have been reviewed and flagged by the ConCom.

 

Selectwoman Brunelle asked if the applicant had applied for a WRPD Permit for the first hayfield.

 

Mr. Smith said there was a field in the 1980s, and he had recut what had grown out.

 

Danielle Smith told the Board that the property had been home to her husband since 1952.  She said the stone walls are old, and were used to confine cows.  She said she and her husband had put up a stockade fence, and built up the ground so the fence would be the appropriate height.  She also noted that loam had been taken out, but no fill had been brought in.  Some stones were brought in.

 

Mrs. Smith reiterated that the wetlands have been delineated, and only that are not delineated as wetlands is being cleared. 

 

Lenny Ruprecht, a member of the ConCom, said a 12-year member of the Commission had looked at the property and noted no problems.

 

Selectman Andrews praised the applicant for trying to keep the property as agriculture, as opposed to developing a subdivision.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To approve the request made by Azor Land Sciences, Inc. on behalf of David Smith, for a Special Permit under the Water Resource Protection District By-law, to allow the expansion of an existing hayfield by 2.5 ac. +/- by clearing of trees and vegetation within 25’ of a fresh water wetland for property adjacent to 577 Wareham Street, Assessors Map 10 Lot 198, located in WRPD Z4, zoned GUX.  The Board further found that the project is

a.      Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.      Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.

Unanimous Vote.

 

Hearing – Request for Title V Variance – 29 Spruce Street

 

Chairman Perkins opened the hearing.

 

Darren Michaelis, Azor Land Sciences, Inc., was present.  He told the Board that the request is for an existing trailer.  Because of the high water table, a perc test could not be done.

 

Mr. Healey told the Board that the Health Officer could not be here tonight, but recommended approval.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To allow a Title V Variance for property located at 29 Spruce Street, Middleboro, MA for a sieve analysis in substitution for a perc test due to saturated soil conditions at the time of testing per 310CMR Section 15.104.

Unanimous Vote.

 

Meeting with Waste Management Advisory Committee & Highway Superintendent

 

Mr. Healey noted that the Highway Superintendent was ill, and could not be present tonight.

 

Pat Rogers, Chairman of the Waste Management Advisory Committee (WMAC), introduced members of the Committee.  He told the Board that the Committee had worked since July of 2003 to outline recommendations for the Board to consider.

 

Mr. Rogers reviewed WMAC’s Final Report with the Board.  He told the Board that the Committee had voted unanimously to support all recommendations as follows:

 

1.         The Town's Board of Selectmen enter into contract negotiations with a private contractor for annual operational management of the landfill for a term of up to twenty             (20) years.

 

2.         That a public hearing be conducted to explain the submitted letter of interest and allow the private contractor - Waste Management and the WMAC to explain the proposal and address the issues.

 

3.         That a Landfill Contract Advisory Committee be formed to work towards negotiation of a contract on behalf of the Board of Selectmen.

 

4.         If a contract decision to hire a private contractor for operational management of the landfill is made - that monies be appropriated (June ATM) to retain a specialized and competent attorney with experience in ‘landfill’ contracts, for use by the proposed Landfill Contract Advisory Committee.

 

5.         In the event that a private contractor cannot be found who will do these things, the        Town should operate the landfill at 109 tpd as an MSW landfill - sending out the             residential C&D and bringing it back to the landfill as C&D fines for dump cover.

 

6.         That Financial Assurance Mechanism (FAM) monies be provided to a town's general account and that a specific amount of money be placed in a reserve account for unanticipated and/or legal expenses.

 

7.         That all received tipping fees be directed into the general fund.

 

8.         That, if an operational management contract is signed, the Town employ a landfill monitor. A trained replacement(s) to sub during holidays, vacation and sickness  should             be made available.

 

9.         That the Town landfill equipment be sold if no longer needed.

 

10.       That the Town assess Hard to Handle Fees at $ 7.00 per hundred pounds as outlined in correspondence provided to the Board of Selectmen in March, 2004.

 

11.       That the Town move to appropriate the sum of $ 1,023,000 at the Annual Town Meeting for the purposes of supplementing additional monies for constructing cells at the landfill, if an operational management contract is not decided upon.

 

12.       That the Town require and make available immediately, detailed landfill receipts and expenditures that allow the Selectmen, Town Accountant, Town Treasurer and Finance Committee to receive monthly updates of revenues and costs for permit fees, tipping fees, recyclables and all items associated with the landfill, recycling center and bulky item drop off and any other fee items, as applicable.      

 

Chairman Perkins thanked the Committee for their work.  He said the Committee has given the Board the direction that it needs to go in.  He questioned Recommendation #6, asking how much money should be placed in this account.

 

Bruce Atwood told the Board that this money should be used for any liability, and closure should the contract fail within a couple of years. 

 

Mr. Healey said the Contractor could put up a bond to replace the FAM account of $1.8 million.  He said he agreed that some funds should remain in a reserve fund.  He suggested putting the money into the Stabilization Fund until “all unknowns are flushed out”. 

 

Mr. Rogers had suggested putting $1.3 million in the General Fund, and leaving $500,000 to a reserve fund, with the understanding that $100,000 would be released each year until it was exhausted.  This would be done at the direction of Town Meeting.  He said that, in the end, the Committee agreed to “leave it to the wisdom of the Selectmen”.

 

Chairman Perkins said the question is whether or not to keep the Landfill or contract it out.  He asked if the Committee would be willing to work as the Advisory Committee to negotiate an agreement.

 

Selectwoman Brunelle agreed they should remain as the Advisory Committee.

 

Neil Rosenthal said the Committee is leaning in the direction of going with a Contractor.  He said the Committee recognizes the urgency of the situation.  The Landfill has currently outgrown Phase 1.  He said the Committee could continue to work as an Advisory Committee, but would recommend a professional attorney be engaged.

 

Mr. Rosenthal said the Committee looked at what made sense for the Town.  He said he had opposed the original RFPs that were issued.  But, the difference now is the scope, which will allow the Landfill to have a normal life span.  He said the Town could operate the Landfill profitably at 109 tpd.

 

Chairman Perkins said the major problem is that the Town doesn’t have the technical expertise to run the Landfill property.  He said a private contract makes sense.

 

 

Selectwoman Brunelle also congratulated the Committee for their work.  She said she hoped the Contract would have a very clear and concise path of resolve for any complaints by neighbors. 

 

Selectman Bond said the report had a lot of good information, and asked what the timeline was.

 

The Committee said this should happen immediately.

 

Mr. Rogers said that cells need to be constructed at the Landfill.  He said additional monies could be requested at the June Annual Town Meeting.

 

The Committee explained that 74 tpd was a “break even” amount.   109 tons would run the Landfill at a profit.

 

Selectman Bond asked who would have control over the operation of the Landfill.

 

Mr. Healey explained that the contract language would regulate this, along with a monitor.

 

Selectman Andrews read the following letter from Don Boucher, dated April 12th:

 

Dear Jack:

 

I feel that I must suggest that we stop taking rubbish and construction debris from the large commercial haulers at the Brook Street Sanitary Landfill.  This would amount to approximately 102 tons of trash/C&D per month.  (Using the months of January and February totals.)  this would also mean that we would not collect approximately $7,650.00 per month in fees.

 

I believe that if we do not reduce the amount of rubbish and C&D we are receiving, then in a few (3) months, you may be forced to close the landfill to everyone.

 

Perhaps if we only accepted residential materials then we could remain open until the new expansion is complete.

 

I also do not think that anyone believes you when you tell them that we must glue the trash to the side slopes.

 

We must also cut back on the amount of cover material that we are accepting.  (Another reduction in revenue, approximately $6,078.25 per month.)

 

I hope by writing you this letter, I won’t be accused of mismanaging the landfill again later.

 

Any questions please contact me.

 

Very truly yours,

 

Donald A. Boucher,

Highway Superintendent

 

Selectman Andrews said it is obvious that the Town is up against an onerous time line.  He asked how the Board moves ahead and forward from this point.  He said he wanted the prevent the Town from incurring the cost.

 

Mr. Rogers suggested scheduling a public hearing in two (2) weeks, inviting the WMAC, along with Waste Management, the company who has proposed running the Landfill.  The Board could then adopt the recommendations and move forward.

 

Selectman Andrews asked what the “comfort margin” was with Waste Management.

 

Steve Morris said it was very high.

 

Ted Pratt said he didn’t trust anyone, and that’s why a contract is necessary.

 

Chairman Perkins recommended a public hearing be held on May 3rd, and appointment of the WMAC as a negotiating team to move forward with the recommendations and hiring an attorney immediately.

 

Selectwoman Brunelle asked where funding would come from for the attorney.

 

Mr. Healey said there was no reason not to start right away, prior to Town Meeting.  He said the Committee could negotiate the terms of the contract and an attorney would be used for the form and legal aspects of the contract.  He said the terms are set out in the proposal and the WMAC report.

 

Selectman Bond suggested that the proposer be asked to present a document to get things moving more quickly.  He said this would be different than the proposal that was submitted.

 

Selectwoman Brunelle asked if the Town was complete in the formality of RFPs.  Mr. Healey said it has, and is now in a position to negotiate.

 

Selectman Andrews suggested imposing a $6,000 filing fee to be used for review of the documents.

 

Mr. Morris said this would be unprecedented.

 

Bruce Atwood, who lives in the neighborhood of the Landfill, said it is important that neighbors are aware of the public hearing. 

 

Mr. Healey noted that WMAC is recommending an Advisory Board, which would include residents of the area, to meet monthly with the operators and Town Officials to discuss any problems that might arise.  He noted that the Contractor, unlike the Town, has the ability to immediately move to resolve issues or problems.

 

Selectman Andrews suggested holding a hearing sooner than May 3rd. 

 

Mr. Healey explained that Waste Management is unavailable before May 3rd.  Discussion ensued on whether or not a hearing should be held without Waste Management present.  Selectman Bond felt that the contractor should be present to allow residents to “get the discussion out”.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To hold a public hearing on May 3rd, and maintain the current WMAC to negotiate the Contract.

            Unanimous Vote.

 

Meeting with MA Riverway – RE:  Shoreline Survey of Nemasket River

 

Rachael Calabro, of Fish & Game, was present.  She is also the Adopt-A-Stream Program Coordinator.

 

Nancy Durfee, Shoreline Survey Coordinator, told the Board that the survey was done in association with the Taunton River Wild & Scenic Study.  The upper and lower Taunton river studies were combined into one (1).

 

Ms. Durfee explained that outstanding features were identified on both the Taunton and Nemasket Rivers.  She said the “Stream Team” was made up of volunteers who did a visual survey of the stream to help identify outstanding resources and to look at historical resources.  Open space parcels, to be used as recreation areas, are also identified, as well as problems.

 

Ms. Calabro introduced 21 volunteers that worked on the survey.  She noted that this is the largest report so far.  A copy of the Report was left with the Selectmen.

 

A Certificate of Appreciation, on behalf of the Adopt-A-Stream Program, was presented to hang in the Conservation Office. 

 

Meeting with Fire Chief – RE:  AMR Housing

 

Chief Silva met with the Board to inform it that American Medical Response (AMR) has had a wheel chair van and one personnel assigned to the Central Station since they moved into the building on January 1, 2004.  He said there is concern from the Union members, which the Union has stated is not covered by the contract.

 

Mike Martin, AMR Field Supervisor, was also present.  He was not involved in the negotiations.

 

Chief Silva said he does not have a problem with the van or the personnel.  He said he has arranged for AMR to supply rubbish bags and paper towels as an exchange for the extra person. 

 

Chairman Perkins noted that this was not part of the contract. 

 

Chief Silva said it was not part of the contract, but had been discussed during negotiations. 

 

Selectwoman Brunelle asked if the personnel impacted operations.

 

Chief Silva said he did not.  He also noted that the chair car is outside.  The person begins at 6AM.

 

Selectman Bond asked what the issue was.

 

Chief Silva said it simply is not covered by the contract.  He suggested contacting the Emergency Medical Services (EMS) Committee when they return from Florida to draft an agreement with AMR to be brought back to the Board.

 

Chairman Perkins said there are two (2) issues:  Some firefighters are not pleased with the addition of another person in the station, and it has not been agreed to by contract.  He said it needs to be negotiated.

 

Chief Silva said this was the Board’s choice.  He noted that the extra personnel is a help to himself and the Deputy Chief.

 

Mr. Healey asked if there has been any suggestions that this constitutes a change of working conditions.  He asked if a grievance was being filed, or any other action.

 

Chief Silva said there has been no action.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To regard the issue to the EMS Committee for a resolution, and to report back to the Board.

            Unanimous Vote.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

Selectwoman Brunelle told the Board that the Collaborative Leadership Group had met last Thursday and reviewed bonding items that were not funded last year.  Everyone was asked if they wanted any further information prior to coming together to make a recommendation.  No one asked for additional information.  The Group will meet in two (2) weeks for final recommendations.

 

Mr. Healey said there are some new roof projects that have been identified by school personnel.

 

Request to Appoint Police Officer – Police Chief

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To appoint the following individual to fill (1) of the four (4) currently vacant positions at the Police Department:

                        Antonio L. Botta                        Effective April 25, 2004

            Unanimous Vote.

 

Request to Re-appoint Special Police Officers – Police Chief

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To appoint the following individuals as Special Officers for the 2004 appointment year:

Ofc. John Bettencourt Ret.            Ofc. George Chace Reg.                 Sgt. Jeffrey Cornell Ret.

Sgt. Wilfred Forcier Ret.            Ofc. Paul Rose Ret.                  Ofc. David Shanks Ret.

Lt. Clyde Swift Ret.                  Ofc. Gerald Thayer Ret.                  Ofc. Thomas Turnbull

Ofc. Bruce Whitman Ret.

 

 

Spc. Sandra Bearse              Spc. Richard Benoit               Spc. Chris Bowlen

Spc. Mike Bradley             Spc. Pedro Brache             Spc. Jeff Brouilette

Spc. Henry Bump               Spc. Thomas Cady                Spc. John Carbone

Spc. Michael Colp                 Spc. David Chretien                      Spc. Doug Cunningham

Spc. Scott Eisnor               Spc. Lorne Estabrooks                   Spc. Ronald Hayes

Spc. Wayne Hittle                Spc. Anthony Keaney             Spc. Christopher Kidney

Spc. Adam LeBlanc                      Spc. Wayne Lee                  Spc. Charles Lemieux

Spc. John Lyons               Spc. Keith MacDonald                  Spc. John Mills

Spc. Joseph Mills                 Spc. Patrick Mills                 Spc. Michael Mills

SPc. Robert Nordahl                        Spc. Roger Poineau                        Spc. Barry Poudrier

Spc. Scott Rebell               Spc. Frank Sampson                      Spc. Gene Turney

Spc. Kurt Vanderzeyde                Spc. Steve Vecere             Spc. Jon Verhagean

Spc. David Wood

Unanimous Vote.

 

Request to Re-appoint Auxiliary Police Officers – Police Chief

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To appoint the following individuals as Auxiliary Police Officers for the 2004 appointment year:

 

Richard Benoit                           Christopher Bowlen                 Pedro Brache

Mike Bradley                         Jeffrey Brouilette                     Henry Bump

Thomas Cady                            John Carbone                                  David Chretien

Michael Colp                             Douglas Cunningham                  Scott Eisnor

Linda Gudmundson                Ronald Hayes                           Wayne Hittle

Anthony Keaney             Christopher Kidney              Adam Leblanc

Wayne Lee                              Charles Lemieux                      Keith MacDonald

John Mills                             Joseph Mills                             Michael Mills

Patrick Mills                             EmiliAnn Melo                          Robert Nordahl

Daniel Newton                                    Roger Poineau                                    Barry Poudrier

Scott Rebell                           Kurt Vanderzeyde                Steve Vecere

Jon Verhaegen                               Christopher Villandry

Unanimous Vote.

 

Request to Appoint Agents for Liquor Establishments – Police Chief

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To reappoint the following individuals as Agents for Liquor Establishments for the year 2004:

 

Gary J. Russell                          Bruce D. Gates                                               Peter J. Andrade

Charles D. Armanetti                     Benjamin J. Mackiewicz, Jr.             Mark A. Pontes

David M. Mackiewicz                  Deborah A. Batista                              Corey P. Mills

Stephen J. Verhaegen                    Louis N. Avitabile, Jr.                         Ronald J. Costa

Charles W. Robichau                      Steven M. Schofield                             George p. Murphy

Bernard E. Storms              Dennis F. Amaral                                 Lorin Motta, Sr.

John R. Guenard, Jr.                  Robert B. Rullo, Jr.                               Robert W. Lake

Timothy J. Needham                      Stephen R. Nelson                                 Joseph M. Perkins

Ian A. MacDonald                   Jerry J. Donahue                                   Robert D. Ferreira, Jr.

Earl J. Johnson                          Simonne M. Ryder                               Adam Levesque

David A. Beals                         Robert Silvia, Jr.                                   John H. Graham

Angelo Lapanna                       Todd Bazarewsky                              Matthew Skwarto

Richard Harvey, Jr.

Unanimous Vote.

 

Request for Appointment to COA Community Advisory Committee – Ted E. Lang

 

Ted Lang explained that the Community Advisory Committee is made up of a majority of people from outside the Board of Directors to bring new ideas and suggestions to improve or upgrade or expand services.

 

Selectwoman Brunelle noted that this is a Sub-Committee of the Board of Directors.  She said it is not a requirement for the Board of Selectmen to appoint the members, but the Board can endorse it.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To endorse the appointment of Ann Holmes, 5 Eddy Street, to the COA Community Advisory Committee.

            Unanimous Vote.

 

Request to Approve & Sign “Certificate of Compliance” – Woods Pond Cranberry Company

 

Chairman Perkins explained that this is a “housekeeping” issue.  In March of 2002 the Board had voted to release the bond for Woods Pond Cranberry Company Earth Removal Permit No. 99-1.  A “release” was to be prepared.

 

Mr. Healey clarified that the vote in March of 2002 was to release the bond, not a completion of the project, which has to be filed at the Registry.

 

Chairman Perkins said that Town Counsel had noted that a Certificate of Completion would not be appropriate because the project was not completed.  Instead, a “Certificate of Compliance” was drafted.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To approve and sign the Certificate of Compliance for Earth Removal Permit #99-1.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Michael B. Carver

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board

VOTED:  To approve the request made by Michael B. Carver to rent the Town Hall Auditorium on November 13, 2004 from 3:00 PM to 1:00 AM for a fundraiser.

            Unanimous Vote.

 

Request for One Day Liquor License – Professional Bartending

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board

VOTED:  To issue a One Day Liquor License to Professional Bartending for an event to be held at the Town Hall on November 13, 2004.

            Unanimous Vote.

 

The Board’s Secretary will request an updated Certificate of Insurance from the applicant.

 

Request for “Grandfathered” Sewer Fees – Phillips Partnership

 

The Board received a request from Phillips Partnership, in regards to a Holiday Inn Express at 9 Harding Street, to “grandfather” the sewer entrance process, and sewer fee back to October, when they had submitted the sewer check fee in the amount of $8,550.  New fees went into effect on March 8th.

 

Mr. Healey explained that a check had been submitted on October 24, 2003 with no application.  The check was also endorsed back to the company.  In effect, the check was not able to be cashed.  An application was finally received on April 5, 2004 with a check for $8,750.  An I&I Fee would provide a potential $54,780.

 

Mr. Healey said he recommended against grandfathering the fees since a complete application was not received prior to March 8th.

 

Selectman Bond noted that the check wasn’t vested through an application prior to March 8th.

 

Selectwoman Brunelle asked if the original check in the amount of $8,550 was sent back.  Mr. Healey said he didn’t know.

 

Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To authorize the Town Manager to send a letter to Phillips Partnership denying the request to be “grandfathered” , noting that no application was filed, and the check was not legal tender.

            Unanimous Vote.

 

Request to Protect Old Colony Freight House – Historical Commission

 

Chairman Perkins read a letter from the Historical Commission with concerns regarding the structural condition of the Old Colony Freight House.  They are suggesting the building be protected from the weather by sealing the roof.

 

Mr. Healey suggesting asking the carpenter foreman, with Don Boucher’s permission, to inspect and do the necessary repairs, with the held of the Electric Division to “get him up there”.  He suggested asking the Peirce Trustees for help with the materials.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

            VOTED:  To authorize the Town Manager to contact the carpenter foreman.

            Unanimous Vote.

 

OLD BUSINESS

 

Town Meeting

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

            VOTED:  To set the date for the Annual Town Meeting as June 7, 2004.

            Unanimous Vote.

 

Selectwoman Brunelle suggested a Special Town Meeting be held within the Annual.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board

VOTED:  To close the date for submitting articles for the Special Town Meeting Warrant as May 10, 2004.

            Unanimous Vote.

 

Request for Class II License – Ralph Hunt

 

Ralph Hunt told the Board that he had requested a used car license 10 weeks ago.  He said he has yet to receive a call from either the Building Inspector or the Health Officer.

 

Mr. Healey said he had advised Mr. Hunt that the Building Commissioner and Health Officer are scheduled to make another site visit, and to advise the Board of any concerns.  He said he would be sure this was done as soon as possible.

 

Selectwoman Brunelle suggested Mr. Healey provide a status report to the Board at their next meeting.

 

TOWN MANAGER’S REPORT

 

v     Mr. Healey gave the Board a copy of the latest IMA draft with his comments.  The Board is scheduled to discuss this at their April 26th meeting.

 

v     Mr. Healey asked the Board if he would have a role in the landfill contract negotiations. 

 

Selectwoman Brunelle noted that he is still an ex-officio member of the Committee.  She suggested he contact the Chairman for direction.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To authorize the Town Manager to continue his role with the WMAC, and to contact the Chairman to discuss what he can offer in developing a draft contract.

      Unanimous Vote.

 

SELECTMEN’S BILLS

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $11,309064.

            Unanimous Vote.

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $1,392.75.

            Unanimous Vote.

 

Chairman Perkins noted that he had received a call from Labor Counsel, who has not been paid since November.  The Board had asked for a Reserve Fund Transfer to pay these bills.

 

The Board’s Secretary informed them that she has not received any correspondence in regards to the request.  Approximately $20,000 is now owed.

 

Mr. Healey will talk to the Chairman of the Finance Committee.

 

Chairman Perkins suggested the FinCom be invited to the Board’s next meeting if they refuse to approve the Transfer.

 

OTHER

 

There was no ‘Other’ Business discussed tonight.

 

CORRESPONDENCE

 

ü      The Board received a request from the Weston Memorial Committee to meet to discuss recently discovered documents.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To request that the Weston Memorial Committee submit the documents to the Board prior to scheduling a meeting.

      Unanimous Vote.

 

ü      Correspondence was received from the lieutenants and sergeants of the Police Department stating their desire to form a bargaining unit to be known as the Middleborough Police Superior Officers’ Union.

 

It was noted that anyone has the right to form a Union.

 

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

VOTED:  To contact Attorney Dan Murray, prior to drafting any response, to see if there would be any benefit or detriment to making a response.

      Unanimous Vote.

 

ü      Selectman Andrews noted that there should be a charge for the private use of Pratt Farm.

 

Mr. Healey noted that Pratt Farm is under the care, custody and control of the ConCom.

 

Selectwoman Brunelle noted that they already have guidelines in place.

 

ü      Correspondence was received the Personnel Board in regards to the proposed Performance Appraisal Plan for the Non-Union.

 

The Personnel Board requests that the Selectmen approve and initiate the Plan as presented to the Selectmen in April of 2003.

 

The Personnel Board noted that it has been one (1) year, and have attempted, repeatedly, to meet with the Non-Union Group.

 

Chairman Perkins suggested the Personnel Board and the Non-Union Group be invited to meet with the Board.

 

ü      Mr. Healey was asked to provide a status report in regards to issues between the Police Chief and the Herring Fisheries Commission at the Board’s next meeting.

 

ü      Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

 

VOTED:  To appoint Ted Lang as the Board’s representative to GATRA.

Unanimous Vote.

 

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

VOTED:  To enter into Executive Session at 9:50 PM to discuss a Grievance, Contract Negotiation Strategy, and a Security Issue, not to return to Open Session.

            A poll vote was taken.

Selectman Bond, Selectman Andrews, Selectwoman Brunelle, and Chairman Perkins approved.

            VOTE 4 – 0

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN