SELECTMEN’S MEETING

AUGUST 26, 2002

 

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

Selectman Rogers, Selectman Wiksten, Selectwoman Brunelle, and Selectman Eayrs were present.

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of August 12, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of August 12, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Finance Committee – RE: Appoint New Member

Members of the Finance Committee were present. They are recommending Barry Bergon, 332 Plymouth Street, to fill the vacancy left by Tom Tansey.

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

VOTED: To appoint Barry Bergon, 332 Plymouth Street, to fill the unexpired term left by the resignation of Tom Tansey.

Unanimous Vote.

This was a joint appointment made with the Finance Committee.

Meeting with Daniel Sherman, PricewaterhouseCoopers – RE: Early Retirement

Daniel Sherman, PricewaterhouseCoopers, met with the Board to discuss the actuary study that has been completed regarding the Early Retirement Bill. Mr. Sherman told the Board that he has completed 35 such studies.

Mr. Sherman said the primary reason for the Early Retirement Incentive is to encourage long service employees to retire and enable a decrease in the current workforce size.

Employees must be active employees and eligible for retirement during the open period. Each participant’s benefit percentage is recalculated by adding a combination of years of age and service the sum of which cannot be greater than 5 to a participant’s original age and service. Mr. Sherman said the County will select the amortization years. He is guessing that 15 years will be selected.

Two groups pertain to Middleborough – Group 1 – General and Group 4 – Public Safety. The Board has the choice of offering the early retirement to either or both groups, and to limit the numbers in each.

The total number of employees in Middleborough that could benefit is 130. This would cost the Town $975,408. It was noted that the medical coverage doubles if you replace 100% of the employees. The figure also includes a lesser rate of pay for new employees.

Forty-seven employees have expressed interest in the early retirement. This would cost the Town $412,038 if all were replaced. If 32 employees were replaced (70% reduction), it would cost the Town $144,543.

Discussion ensued on the sick leave buyback. Mr. Sherman presented information to the Board assuming a 3.5% interest if the buyback was spread out. Selectman Wiksten asked if this was required. Mr. Sherman said it was not.

Selectman Eayrs said he had hoped the program would benefit the Town in a positive way, but noted that it doesn’t. It would double medical coverage payments and become a burden.

Mr. Sherman said he had calculated for the top 5 of Group 1. If only three (3) were replaced, the Town would break even. This would not be as advantageous for Group 4. Because of Federal Grants, Police Officers would have to be replaced.

Selectman Eayrs said he would like to see the program work. Mr. Sherman said 70% replacement is what is needed to break even.

Selectman Wiksten noted that many people in Group 4 will be retiring within the next two (2) years anyway. He noted that if this is offered now, the buyback could be deferred.

Mr. Sherman said that the Board would have to make a decision by November 2nd. The retirement would have to be in effect by December 2nd.

Chairman Perkins said that he was not convinced that this is a good deal for the Town. He noted that this is a benefit at the State level where not all positions have to be filled. He noted that the positions in Middleborough are major positions where there is no choice but to fill them.

Chairman Perkins noted that FY 2004 may be a bigger problem than the current year. He had hoped this would be a way of staying away from layoffs. Even at replacing 70%, the Town would only break even, and not save any money. He said he needed more convincing to go along with the plan.

Selectman Eayrs said he agreed, but was hesitant to dismiss it. He suggested that there may be some way to make this work.

Selectman Rogers asked when this might be offered again. Mr. Sherman said the last time it was offered was ten years ago. He said it is possible that the time frame of this may be extended.

Selectman Rogers suggested that realigning departments may provide a possibility.

Jane Lopes asked Mr. Sherman how many communities have adopted the early retirement incentive. Mr. Sherman said out of 352 communities, 60 have seriously considered it, and 40 have actually adopted it.

Sandy Bernier noted a study of Town Clerks. 41 communities have said yes, 15 said no and 27 are still pending.

Mr. Sherman noted that the goal of the incentive is to reorganize communities, not to save money.

The Board thanked Mr. Sherman for attending.

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

VOTED: To take the matter under advisement.

Unanimous Vote.

Mr. Healey was asked to look at individual scenarios to see if there is any way to make this work.

The Board will review this at their meeting to be held on September 30th.

NEW BUSINESS

Request to Approve & Sign Scale Contracts – Weston & Sampson

The Contracts have been approved and signed by the Town Clerk/Accountant and Town Counsel.

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

VOTED: To approve and sign the Contracts between Weston & Sampson and the Town of Middleborough for the Scales at the Landfill.

Unanimous Vote.

Mr. Healey said he has issued a Notice to Proceed and the project is underway.

Request to Approve & Sign Septic Betterment Agreement – Swett – 5 Marie Drive

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

VOTED: To approve and sign a Septic Betterment Agreement for property located at 5 Marie Drive, owned by Charles & Mary Swett, for the amount of $8,080.00.

Unanimous Vote.

Request to Approve & Sign Septic Betterment Agreement – Machnik – 70 Barden Hill Road

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

VOTED: To approve and sign a Septic Betterment Agreement for property located at 70 Barden Hill Road, owned by Richard Machnik, for the amount of $12,795.00.

Unanimous Vote.

Request to Approve Second-Hand License – "The Children’s Patch"

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

VOTED: To issue a second hand license to Paula Lindstedt d/b/a "The Children’s Patch" for a second-hand children’s clothing store located at 25 Center Street. The approved hours are Tuesday through Saturday, 10:30 AM to 6:00 PM and Sunday and Monday 12:00 Noon to 5:00 PM.

Unanimous Vote.

Request to Accept Peirce Trustees Donation – Town Manager

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

VOTED: To accept the donation of $13,829.00 for a copier machine for the Town Manager’s Office.

Unanimous Vote.

Request to Appoint Auxiliary Police Officer – Middleborough Police Department

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

VOTED: To appoint Curt VanderZeyde as an Auxiliary Police Department for the 2002-2003 year.

Unanimous Vote.

Town’s Option to Purchase Chapterland – Williams – 557 Wareham Street

The Board received notice that Nathaniel & John Williams, Martha Dupuis and Louise Carberry have signed a Purchase & Sale Agreement for a property located at 557 Wareham Street, Assessors Map 094 Lot 6416. This land is currently under Chapter 61.

Mr. Healey told the Board that the buyer of the property is Joseph Polcaro of Buzzard’s Bay. Mr. Polcaro has been helpful to the Affordable Housing Committee. He is a principle in the group that started this Committee in Barnstable. Mr. Polcaro has been working with the Town Planner regarding a village concept for condos on the property.

Selectman Rogers, noting that there is more than 25 acres, asked if there was potential for a well site. Mr. Healey said this is not an identified area by the water exploration consultant.

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

VOTED: To waive the Town’s right to purchase Chapter 61 property owned by Nathaniel & John Williams, Martha Dupuis and Louise Carberry, located at 557 Wareham Street, Assessors Map 094 Lot 6416.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Youth Right/Central Baptist Church

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

VOTED: To rent the Town Hall Auditorium to Youth Right/Central Baptist Church for a youth rally to be held on Saturday, September 14, 2002 from 6:00 PM to 10:00 PM.

Unanimous Vote.

Request to Waive Fees – Habitat for Humanity

Selectman Rogers told the Board that he had attended the "groundbreaking" for the Habitat property at 93 Oak Street. Habitat for Humanity is a non-profit group and they are asking that the Board consider waiving the fees associated with the building.

Upon motion by Selectman Rogers and seconded by Selectman Wiksten, the Board

VOTED: To waive all fees associated with permits and licenses associated with the 93 Oak Street.

Unanimous Vote.

Request to Waive Fees – Agricultural Commission

The Board received notice from Iain Ward that a Steering Committee for the Town of Middleborough Agricultural Commission has been formed. Mr. Ward is asking the Board to waive the fees associated with the rental of meeting space at the Town Hall.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To waive the fees for meeting space for the Steering Committee for the Town of Middleborough Agricultural Commission.

Unanimous Vote.

OLD BUSINESS

Set Conditions for Earth Removal Permit – James G. Grant Co., Inc. – Plympton Street

The Board reviewed a set of conditions that were drafted by Selectman Rogers.

Selectman Wiksten asked if $25,000 was enough for a bond for the property. He also suggested that the language should be more specific as to what the Town could go after the bond for.

Selectwoman Brunelle agreed that the amount was not sufficient, but suggested that the language remain vague to use for whatever purpose it is needed for. This is how the current language is written.

Selectman Wiksten noted that there has been problems in the past with the language not being specific enough. He asked Mr. Healey how he arrived at the figure of $25,000. Mr. Healey said it has always been $5,000/acre/5acres.

Discussion ensued on how the costs for repairing roads have increased. Selectwoman Brunelle suggested that increasing the bond would make the permit holders more cautious.

Selectman Eayrs noted that businesses do not want to forfeit bonds because damage to insurance ratings. He said he had no problems with the amount.

Selectwoman Brunelle suggested the bond amount be $250,000.

Selectman Wiksten also suggested a 50’ paved entrance be constructed to the project off of Plympton Street.

Motion was made by Selectman Eayrs and seconded by Chairman Perkins to change the bond amount to $50,000 and require a 50’ paved entrance to eliminate the transfer of gravel and other material on the road. Discussion ensued on the amount of the bond.

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

VOTED: To amend the prior motion to require the bond amount to be $100,000 and require a 50’ paved entrance to eliminate the transfer of gravel and other material on the road.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $13,310.12.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To pay two (2) water bills in the amounts of $18.03 and $164.66, totaling $182.69.

Unanimous Vote.

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

VOTED: To pay the bill submitted by ADT Security Service in the amount of $98.03 for the Rock School.

Unanimous Vote.

Jane Lopes asked for an update regarding the South Middleborough School. Mr. Healey was asked to draft a directed RFP for the South Middleborough Protective Association.

Discussion ensued on a Middleborough Gas & Electric bill. The Board’s Secretary will check the amount.

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

VOTED: To pay three (3) bills submitted by Verizon in the amounts of $20.52, $20.52, and $20.50, totaling $61.55.

Unanimous Vote.

OTHER

VOTED: To send a letter to the Assessors to see if any of the overlay reserve can be released.

Unanimous Vote.

TOWN MANAGER’S REPORT

The Fisheries Chairman says that they have just under $10,000 in grant funds that might apply to this.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To approve all expenditures of the Fisheries Commission, with Francis Pereira’s approval, for emergency authorization for up to $10,000 from their source of funds to have work done in three (3) channels of Oliver Mill Park.

Unanimous Vote.

Mr. Healey said that he has already notified the ConCom. This will be considered an extension of the maintenance contract already in effect.

VOTED: To allow Weston and Sampson Engineers to use the Town’s G.I.S. system.

Unanimous Vote.

Discussion ensued on a public hearing for the Charter Articles. It was the Board’s consensus that the Charter Committee should hold a public hearing during the week of the 9th.

VOTED: To close the Warrant.

Unanimous Vote.

 

 

VOTED: To sign the September 23, 2002 Warrant.

Unanimous Vote.

VOTED: To schedule a public hearing on September 16, 2002 to discuss Warrant Articles, and to notify anyone who submitted an Article to attend.

Unanimous Vote.

VOTED: To request the FinCom to provide all requests for Articles 1 and 2 on the Warrant.

Unanimous Vote.

CORRESPONDENCE

Selectwoman Brunelle suggested that a bylaw should be drafted to allow everyone to work by the same rules when hiring or promoting, even if the Department works under their own Board.

Chairman Perkins agreed, but suggested that the Board wait to see the Wage & Classification Plan. If this does not happen, they a bylaw should be pursued.

 

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

VOTED: To enter into Executive Session at 9:20 PM to discuss Litigation, to return to Open Session to make an announcement.

A poll vote was taken. Selectman Rogers, Selectman Wiksten, Selectwoman Brunelle, Selectman Eayrs and Chairman Perkins approved.

VOTE 5 – 0

------RECONVENE TO OPEN SESSION------

 

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

VOTED: To authorize the Chairman to sign the following letter to the Planning Board regarding Oak Point:

"Dear Planning Board Members,

The Selectmen request the Planning Board to include the following condition in the Oak Point Expansion Permit.

"Oak Point will pave and install drainage in Plain Street according to the following timetable and in conformity to the design standards and construction requirements contained in the Plans entitled, "Plain Street Improvements," dated May 9, 2001, and revised August 23, 2002, drawn by Alan and Majors Engineering, Incorporated.

Phase One will consist of pavement and drainage from the end of the existing pavement west of the Oak Point entrance road to approximately Station 54 & 79 (Drainage will be extended to Station 60 & 40 at a natural drainage divide). This Phase section represents 4908 linear feet of drainage and 4347 linear feet of pavement, and will be completed within one (1) year of the Town’s completion of any required Town approvals and property takings.

Phase Two, the remainder of the road, will be completed prior to the occupancy of the 951st home at Oak Point. In order to meet this Timetable for the second phase of paving and drainage, Oak Point will finalize bid documents by the occupancy of the 850th unit, solicit bids by the occupancy of the 875th unit, commence construction prior to the 900th occupancy and complete the paving and drainage prior to the occupancy of the 951st unit.

Unless and until Oak Point has completed the paving and drainage, Oak Point shall not be permitted to connect more than 950 homes to the Town Water System or occupy any more than 950 homes."

The Selectmen also voted to notify you of their intent to hold a Public Meeting on the Layout Plan and Taking Plans on Thursday, September 12, 2002 at 7:00 PM in the Town Hall Auditorium. We are referring the Layout Plan to you for review and report. We request that the Planning Board assist us by voting to approve a report by your September 10th meeting, and forwarding it to the Selectmen following your meeting.

If the Selectmen approve the Layout at the September 12th Public Hearing and file the Layout as voted with the Town Clerk on the 13th, the Town Meeting can consider acceptance of the Layout of the Board of Selectmen on the 23rd.

Thank you for your assistance in this matter.

Sincerely,

Wayne C. Perkins, Chairman

BOARD OF SELECTMEN"

Unanimous Vote.

 

 

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

VOTED: To adjourn at 9:50 PM.

Unanimous Vote.

 

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN