SELECTMEN’S MEETING

APRIL 11, 2005

 

 

Chairman Perkins called the meeting to order t 7:02 PM.

 

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

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of April 4, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of April 4, 2005.

            Unanimous Vote.

 

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Transfer of Liquor License – Fisher’s Chicken House

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, April 11, 2005, at 7:05 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing the request made by IMY, Inc. d/b/a Justin’s Chicken House, for the transfer of an Annual All Alcoholic Restaurant License for property located at 450 Wareham Street, Assessors Map 087 Lot 2229, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

The buyer, Ivan Yee, and the seller, David Fisher, were both present.

 

Mr. Fisher told the Board that he has decided to sell the business because it has become a “quality of life issue”.  Selling the restaurant will allow him to spend more time with his family.

 

Mr. Fisher said Mr. Yee is a qualified buyer with strong credentials.

 

Mr. Yee told the Board that he is from Haverhill.  He owns “Oriental Garden” restaurant which seats 300, and has liquor and entertainment licenses.  He said he will keep everything at the restaurant the same.

 

Selectman Bond asked if there has ever been a liquor violation.

 

Mr. Yee said no.

 

Chairman Perkins read a letter from the Police Chief saying he had no concerns with appointing Mr. Yee as the manager.

 

Correspondence from the Treasurer/Collector’s Office showed that there are no outstanding taxes or bills.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request made by IMY, Inc. d/b/a Justin’s Chicken House, for the transfer of an Annual All Alcoholic Restaurant License for property located at 450 Wareham Street, Assessors Map 087 Lot 2229.

            Unanimous Vote.

 

Selectwoman Brunelle asked when the transfer would take place.

 

Mr. Fisher said the transfer would occur once approval is given from the ABCC.

 

Hearing (cont.) – Request for Transfer of Liquor License – TJ’s Convenience Store

 

This was a continued hearing from March 7, 2005 to conduct a CORI check on the applicant.

 

The applicant, Bill Griswold, was present.

 

Chairman Perkins asked if there were any comments.  Hearing none, the hearing was closed.

 

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

VOTED:  To approve the request made by William J. Griswold  d/b/a B.G., for a Transfer of an Annual Wine & Malt Package Store License for property located at 45 Everett Street, Assessors Map 50J Lot 4346.

Unanimous Vote.

 

Selectman Bond asked when the business would re-open.

 

Mr. Griswold he wanted to open as soon as possible after approval is given from the ABCC.

 

NEW BUSINESS

 

Request for Sunday Public Entertainment License – Papa Gino’s

 

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

VOTED:  To issue a Sunday Public Entertainment License to Papa Gino’s, subject to payment of an outstanding personal property tax bill.

            Unanimous Vote.

 

Request to Approve & Sign Contract for Ocean Spray Cranberries Inc.

 

Mr. Healey told the Board that he and Joe Ciaglo had negotiated the contract with Ocean Spray Cranberries, Inc. for wastewater services.  He explained that, with the introduction of the Craisin line, the “maintenance fee” for non-use has been reduced.  The increase in flows will more than offset this amount.  Also, the rates now reflect the general rate increase adopted by the Board in October.  Ocean Spray has also agreed to additional back charging for chemical costs related to the new phosphorus limits in the Town’s NPDES Permit.

 

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

VOTED:  To approve and sign the Wastewater Contract with Ocean Spray Cranberries Inc. which will expire on June 30, 2008, subject to Town Counsel signing off as to form.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – MHS Class of 2006

 

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

VOTED:  To rent the Town Hall Auditorium to the MHS Class of 2006 on Saturday, May 21, 2005 for the Junior Prom, and to waive the fee.

            Unanimous Vote.

 

Request for One Day Liquor License – Professional Bartending Service

 

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

VOTED:  To issue a One Day Liquor License to Professional Bartending Service for an event to be held in the Town Hall Auditorium on Saturday, May 7, 2005 from 7:00 PM to 12:00 Midnight.

            Unanimous Vote.

 

Request to Approve Bids – Treasurer/Collector

 

Selectman Andrews asked for an explanation of the bids.

 

Mr. Healey explained that it is Chapter 90 monies for road and highway improvements.

 

Donald Boucher was present.  He told the Board that Judy MacDonald pays for the projects through general funding, and then is reimbursed through Chapter 90 monies.

 

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

VOTED:  To award a bid for Chapter 90 Highway money in the amount of $11,800 to Eastern Bank at an interest rate of 2.90%.

            Unanimous Vote.

 

 

 

 

Letters from Town Accountant

 

The Board received correspondence from the Town Accountant stating that the Treasurer/Collector’s payroll has been processed.

 

Ms. Higgins has also requested to meet with the Board, in Executive Session, to discuss “working conditions and interdepartmental co-operation”.

 

Chairman Perkins noted that an Executive Session cannot be held for the reasons stated.

 

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

VOTED:  To authorize Chairman Perkins to speak with the Town Accountant, and to schedule a meeting for two (2) weeks from tonight in Open Session, if Executive Session is not allowed.

            Unanimous Vote.

 

Selectman Andrews said he would also like to be part of the meeting.

 

Selectwoman Brunelle said if there is a complaint against a Town employee all parties would have to be notified of the meeting.

 

Selectman Wiksten noted that Ms. Higgins said she would provide “additional confidential documentation” to share with the Board.  He suggested it be given to the Board prior to the meeting.

 

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

VOTED:  To ask Labor Counsel to review the Non-Union Agreement to determine if there is a grievance clause, and if so, what the parameters are.

            Unanimous Vote.

 

TIF Committee Representation

 

Mr. Healey told the Board that a member needed to be appointed as the TIF representative.

 

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

VOTED:  To appoint Selectman Bond as the Board’ representative regarding TIF applications.

            Unanimous Vote.

 

Discussion ensued on whether or not the FinCom could also have representation.

 

Mr. Healey said he would check with Town Counsel.

 

Jane Lopes asked about the proposal from Holiday Inn Express.

 

Mr. Healey said a proposal will be submitted later this week.  He noted that the “rules have changed” regarding TIF Agreements.

 

OLD BUSINESS

 

Request to Increase Administrative Fees for Private Details – Police Chief

 

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

VOTED:  To send a copy of correspondence from Town Counsel to the Police Chief in regards to increasing the administrative fees.

Unanimous Vote.

 

Town Counsel has informed the Board that the rate is set by statute, and cannot be increased beyond 10%.

 

Request for Support to Obtain Grant Funding – Fire Chief

 

At the request of the Board, the Fire Chief submitted staffing proposals in association with the SAFER Grant that he has asked the Board to support.

 

Chairman Perkins said he liked the first proposal, which would staff a Town-owned ambulance service within the Fire Department.  He said based on the type of savings the Town could have with the grant, now may be the time.

 

Selectwoman Brunelle noted that all associated costs were not figured in.

 

Chairman Perkins said he was looking at the labor piece.  He suggested the details be left for the Emergency Medical Services Advisory Committee.

 

Chairman Perkins said, even if the Chief applies for the Grant and gets it, doesn’t mean the Town would have to use it.  He suggested Chief Silva go through the process knowing if something like this can’t happen, it won’t be utilized.  He didn’t want to let the Grant go by.

 

Mr. Healey noted that Fire Chief Walsh of Bridgewater had offered information on how they began their ambulance service.

 

Chairman Perkins suggested the Board first hear from the EMS Committee.

 

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

VOTED:  To write a letter of support for Chief Silva in applying for the SAFER Grant with the intent that it be utilized to staff an in-house ambulance service.

            VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

 

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

            VOTED:  To send a copy of the request for comment to the EMS Committee.

            VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

 

 

 

Request for Surplus Vehicle – Health Department

 

The Board had held the request of the Health Department to utilize a Fire Department surplus pick up truck.

 

Selectwoman Brunelle noted that the Building Inspector is requesting a vehicle on the Town Meeting Warrant.

 

Chairman Perkins asked what kind of shape the vehicle was in.

 

Mr. Healey said it is operational, and the Health Department would use it less frequently than the Building Department.

 

Chairman Perkins questioned if it was worth registering and insuring another vehicle as opposed to paying mileage.

 

Mr. Healey suggested the Health Department use the vehicle until the end of this fiscal year, and then budget for mileage.

 

Selectwoman Brunelle said she would like to see a report on the condition of the vehicle.

 

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

            VOTED:  To table the request for two (2) weeks.

            Unanimous Vote.

 

OTHER

 

Fire Department – Burning Fees

 

Selectman Andrews suggested the fee for burning, currently $5.00, should be increased to $10.00.  He said the Fire Department is inundated with phone calls during this time.

 

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

VOTED:  To ask the Fire Chief to review the State Statute in regards to fees for burning, and make a recommendation to the Board.

            VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

 

Meeting with Finance Committee

 

Selectman Andrews suggested the Board schedule a meeting on May 30th, in lieu of the fact that May 31st is a holiday, to meet with the Finance Committee in preparation of the upcoming Town Meetings.

 

Chairman Perkins said he would not be available on that date.

 

Mr. Healey suggested it should be scheduled earlier.

 

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

            VOTED:  To set a meeting with the FinCom for May 24th.

            Unanimous Vote.

 

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

            VOTED:  To give choice to the FinCom on where the two (2) boards will sit.

            Unanimous Vote.

 

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

            VOTED:  To request Comcast to televise the meeting.

            Unanimous Vote.

 

Public Hearing – Town Meeting Warrants

 

It was the consensus of the Board to schedule a public hearing to discuss Articles for the Town Meeting Warrants on May 9th.  The Board’s Secretary was asked not to schedule any other business for that meeting.

 

World Series Trophy

 

Selectman Bond informed the Board that the World Series Trophy will be brought to Middleborough on Thursday, May 5th from 2:00 PM to 3:30 PM.  He suggested the Auditorium be used.

 

Selectwoman Brunelle asked that correspondence be sent to Little League Organizations, and the School Department.

 

Meeting with Senator Pacheco

 

Selectwoman Brunelle told the Board that she had spoken to Senator Pacheco and proposed to meet with him to talk about things happening with Rte. 44.  She said the Senator is willing to come to Middleborough for a general discussion and to update the community.  She suggested a letter be sent to schedule a meeting, and then surrounding communities should also be invited.

 

Mr. Healey said he had placed a call to Vollmer Associates, and had not received an answer yet.

 

Selectwoman Brunelle said the Senator was also willing to bring someone from Mass DPW to answer additional questions.  She suggested scheduling an off night and holding the meeting in the Auditorium.

 

Selectman Bond said to make sure Ruth Geoffroy received a notice.

 

Selectwoman Brunelle said all departments would be notified.


TOWN MANAGER’S REPORT

 

Landfill Inspection

 

Robert Johnson conducted an inspection of the Landfill in advance of Thursday’s “Enforcement Conference”.  He proclaimed that the Town had done a “great job”.

 

On Thursday, the process of dealing with past violations and whittling away the fine through negotiations with DEP began. 

 

On Friday, Mr. Healey and Joe Ciaglo replaced all of the spark arresters on the Landfill flares.

 

Gasoline and Diesel Accounts

 

The Gasoline and Diesel Fuel Accounts are out of money.  This account will have to be supplemented at the Town Meeting.  It is estimated that $85,000 will be needed to pay for fuel costs for the rest of the year.

 

The Highway Department is going over a computer printout provided by the Police Department to try and break out fuel used sanding and plowing this winter.  These costs could be transferred over to the Snow Removal Account to free up some funds.

 

Chairman Perkins asked if some of this money could be recouped through federal money.

 

Mr. Healey said fuel is not eligible.

 

Selectwoman Brunelle asked if the costs were monitored on a monthly basis.

 

Mr. Healey explained that, sometimes, the bills don’t get submitted in a timely way.  He also explained that, when this is bid, the lowest bid is picked, but there is always a clause for a fuel adjustment cost.

 

Selectman Wiksten asked if it was based on Boston’s market value, or just a “random increase”.

 

Mr. Healey said it is based on the market.

 

Selectman Andrews suggested instituting a surcharge for inspections.

 

Selectman Wiksten said this could be done on multiple inspections.

 

Chairman Perkins asked the Town Manager to look into this.

 

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

VOTED:  To authorize the Town Manager to send a memo to all departments to conserve fuel.

            Unanimous Vote.

 

Audit Proposals

 

Mr. Healey told the Board that three (3) audit proposals had been submitted, and asked how to proceed.

 

Chairman Perkins said the Board needs recommendations from the financial officers.  Selectwoman Brunelle said the officers should review everything that was submitted and make recommendations.

 

Capital Planning Committee

 

The CPC met on April 6th, but there was no quorum.  The next meeting is scheduled for April 27th.

 

Chairman Perkins said he was supposed to attend the meeting on behalf of the Board, but he did not know about it.

 

Selectman Andrews suggested the Board’s Secretary be used as a “clearinghouse”, to post the meetings and send memos to the members.

 

Tighe & Bond

 

Tighe & Bond will meet with the Board on April 25th at 8:15 PM in regards to a new storage tank site and water main hydraulic evaluation.

 

Office of Economic and Community Development Budget Information

 

The Board received budget information from the OECD.  Selectwoman Brunelle said she was looking for a format similar to other departments.  She said she will meet with Mr. Arons to explain what she is looking for. 

 

Floor Drains

 

Dennis Driscoll has informed the board of a change in policy at the State level regarding the issuance of variances as they relate to floor drains in unsewered areas.  The change will effect the Board’s approval and/or requirements imposed at WRPD hearings.

 

Mr. Healey said variances were granted by the Board subject to State approval.  No floor drains were required, and the floor was constructed to provide a berm for containment.  He said this is a better and less costly design. 

 

Chairman Perkins asked what would happen to the existing sites.

 

Mr. Healey said Town Counsel is reviewing this.

 

Selectman Wiksten said Building Permits should not have been issued until State approval was given.

 

Request for Engineering Funds – Radio Communications Group

 

The Board received correspondence from the Radio Communications Group requesting funds to hire an engineer to survey the property proposed for a new stand alone tower.

 

Mr. Healey said he would check State and Water Department plans.

 

Chairman Perkins said this was necessary, and wanted to be diligent about where the funding could be found if needed.

 

Mr. Healey suggested a survey might have been done at the time Bill Byrne provided an easement to the Town for the water tower.

 

Access Issue:  Rte. 44 Well Site

 

The Board received correspondence from Richard Tinkham in regards to the difficulty in obtaining a license agreement from the owner of the adjoining property where the Town needs access from Cross Street to the well site.

 

Mr. Tinkham has been in contact with the listed owner’s widow and daughter.  Town Counsel has also spoken to the daughter who requested he mail all pertinent data.  This was done, but no response has been received.

 

Town Counsel has suggested placing an article on the Town Meeting Warrant to take an easement by Eminent Domain if necessary.

 

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

            VOTED:  To include the Article on the Town Meeting Warrant.

            Unanimous Vote.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $231.00.

            Unanimous Vote.

 

CORRESPONDENCE

 

v     The Board will send out copies of the new Vehicle Use Policy to all departments with an acknowledgement sheet to be signed and returned.

 

v     Ted Eayrs has applied for a position on the Agricultural Commission.

 

v     A memo will be sent to the Treasurer/Collector asking that she put a subject in the “regarding line” when she sends correspondence to explain her memo.

 

Chairman Perkins agreed saying it should also include a brief explanation.

 

Chairman Perkins said he has not seen a comparison of Local Receipts that the Treasurer keeps.

 

Mr. Healey explained that those comparisons come from the Town Accountant’s office.

 

v     Selectman Andrews thanked the Police Chief for a directive sent to officers working private details.

 

v     Mr. Healey told the Board that information requested from Richard Pavadore in regards to cell phones and automobiles was provided to him by Sue McCusker.

 

 

Selectman Andrews said that cell phone issues need to be revisited every couple of years.  He said he would also like to know how many Town cell phones there are.

 

Mr. Healey said all phones are “pooled” for hours and minutes and there is very little overage charges.

 

v     The Board received correspondence from Kimberly Fitzgerald in regards to proposed Stable Regulations.

 

Chairman Perkins asked that all written comments be kept in a file to be presented as evidence when the public hearing is held.

 

Mr. Healey said the correspondence should be copied to the Health Officer and the Agricultural Commission.

 

 

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

            VOTED:  To enter into Executive Session at 8:45 PM to discuss Litigation.

A poll vote was taken.  Selectman Wiksten, Selectman Bond, Selectwoman Brunelle, Selectman Andrews, and Chairman Perkins approved.

            VOTE 5- 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN