SELECTMEN’S MEETING

AUGUST 23, 2004

 

 

Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.

 

Selectman Bond and Selectwoman Brunelle were present.

Selectman Andrews was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of August 9, 2004.

            Unanimous Vote.

 

The Executive Minutes for August 9th will be held until the next meeting.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Health Officer – RE:  Smoking Variance Requests & Informational Workshop

 

Jeanne Spalding was present.  She told the Board that she had received a couple requests from nursing home facilities for variances to allow smoking areas under the new regulations that became effective July 5, 2004.

 

Ms. Spalding said copies of the Regulations were mailed to most businesses, and nursing homes were given copies of the exemption.

 

There are two (2) requests for variances:  Atrium Nursing Home and Middleboro Skilled Care Center.  Each has a room that will be designated as the smoking area.  She said the Fire Department has followed through to see if there were any problems with these rooms, and found no issues.

 

Selectman Bond noted that the Atrium will be “phasing out” smokers, not allowing new smokers to the nursing facility.  He asked if the same would be done for the Skilled Care Center.

 

Ms. Spalding said they had not indicated that this would be done.

 

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

VOTED:  To approve the request for a variance to the Smoking Regulations to allow smoking in a designated room at the Atrium Nursing Home, and to give temporary approval for a variance to the Middleboro Skilled Care Center, allowing 30 days for a “phase out” plan to be submitted.

            Unanimous Vote.

 

Meeting with Assessors – RE:  Appointment for Vacancy

 

Pat McManus and Anthony Freitas met with the Board. 

 

A deadline to submit letters of interest to fill the vacant position on the Board of Assessor was set for August 16th.  Letters were submitted by Ted Eayrs and Dennis Eve.  Ms. McManus said both candidates had been interviewed.

 

Steve Spataro also submitted a letter of interest, but it was after the August 16th deadline.

 

Selectman Bond asked if the Assessors had a recommendation.

 

Ms. McManus said the Assessors recommended Mr. Eve because he had previously been involved with the Assessors Board, and was more qualified.

 

Selectwoman Brunelle asked if the temperament of the candidates were the same.

 

Ms. McManus said she would “probably have an easier time working with Mr. Eayrs”.

 

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

VOTED:  To appoint Frederick Eayrs to fill the vacancy on the Board of Assessors until the next election.

            A poll vote was taken. 

            VOTE 3 – 2 (Ms. McManus and Mr. Freitas voted against)

 

Meeting with Omer Dumais – RE:  Contract for Tispaquin Wells Treatment

 

Omer Dumais, Vice President of Tighe & Bond, and Richard Tinkham, Water Superintendent, were present.

 

A copy of the draft Engineering Services Agreement for the Tispaquin Pond Treatment Facility was given to the Board.  Previous comments from Town Counsel had been incorporated.

 

The Board received further comments from Town Counsel that had not yet been incorporated into the Agreement.  Mr. Dumais said he did not anticipate a problem with the changes.  He suggested he be authorized to contact Town Counsel directly to work out a final document.  The Board had no objection to this.

 

The Board will discuss this item at their next meeting on September 13th.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

Mr. Healey told the Board that the Town is still waiting to hear from the D.O.R. in regards to the Free Cash number.  He said he expected to hear from them shortly.

 

Selectwoman Brunelle said the new Town Accountant deserves recognition for making a “superhuman effort” to get this project done knowing the difficulties she’s had since taking the office.  She said the Board should thank her.

 

Selectman Bond noted that Ms. Higgins has taken the time and effort to keep the Board up to date.

 

Request to Approve & Sign Contract – Consultants to Management, Inc.

 

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

VOTED:  To amend the Contract to include language to provide the Town with an electronic copy of the data.

            Unanimous Vote.

 

Set Order of Conditions – Oiva Hannula & Sons, Inc. – Wood Street

 

Selectman Wiksten noted that Town Counsel had provided correspondence regarding the Board’s request to hold a bond on Earth Removal projects to be used to fine the applicant should the project not be completed.  He suggested this letter should be incorporated into the Order of Conditions.

 

Town Counsel has suggested a “restrictive covenant” to be used.

 

Selectwoman Brunelle suggested incorporating the recommendation into the Earth Removal Bylaw.

 

Selectman Wiksten said that would incorporate into every Earth Removal Permit. 

 

Selectman Bond suggested this should be used as a “tool” to use when there is a rationale basis to do so.  He said it would not necessarily apply in every instance.

 

Mr. Healey said that, currently, the Order of Conditions are registered at the Registry of Deeds, which puts a “cloud on the title”.  It cannot be removed until the job is done right.  He said this is actually the same as a restrictive covenant.

 

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

VOTED:  To refer the matter to Town Counsel, and hold on issuing the Order of Conditions until September 13th.

            Unanimous Vote.

 

Selectman Wiksten said he would talk directly with Town Counsel.

 

Set Order of Conditions – O’Connor – Wall Street

 

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

            VOTED:  To table this item until September 13th.

            Unanimous Vote.

 

The request to table was made because of controversy over the positioning of monitoring wells.

 

Town’s Option to Purchase Chapterland – Washburn – 126 Fuller Street

 

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

VOTED:  To decline to exercise the Town’s option to purchase Chapterland owned by Diana Washburn, 126 Fuller Street.

            Unanimous Vote.

 

Request to Approve & Publish State Primary Warrant

 

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

            VOTED:  To approve and publish the State Primary Warrant.

            Unanimous Vote.

 

Request to Approve & Sign Septic Betterment Agreement – Conroy – 95 Plympton Street

 

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

VOTED:  To approve and sign a Septic Betterment Agreement for property at 95 Plympton Street in the amount of $10,650.00.

            Unanimous Vote.

 

Request for Certificate of Completion – Jericho Christian Fellowship

 

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

VOTED:  To issue a “Certificate of Completion” for Earth Removal Permit #99-3.

            Unanimous Vote.

 

Request to Conduct Fundraising Walk – Middleboro Education Association

 

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

VOTED:  To approve the request of the Middleboro Education Association to conduct a fundraising walk on Sunday, October 17, 2004 at 1:00 PM, subject to notification of the Police and Fire Chiefs.

            Unanimous Vote.

 

Request for One Day Liquor License – A+ Bartending Services, LLC

 

The application was withdrawn.

 

Request to Block Off Plymouth Street – North Congregational Church

 

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

VOTED:  To approve the request of the North Congregational Church to block off Plymouth Street in front of the Church on Saturday, October 2, 2004 from 8:00 AM to 3:00 PM (rain date Sunday, October 3rd from 9:30 AM to 4:00 PM) for the annual Antiques and Crafts Fair.

            Unanimous Vote.

 

Request to Approve Reserve Fund Transfer – Town Accountant

 

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

VOTED:  To authorize the Chairman to sign the Contract with Consultants to Management, Inc. to update the town-wide fixed asset accounting system based on GASB 34, subject to funds for payment being transferred by the Finance Committee.

Unanimous Vote.

 

Set Date for Special Town Meeting

 

Mr. Healey explained that the earliest, and probably latest, date for Special Town Meeting would be October 4th.  The Warrant would have to be advertised 14 days before Town Meeting.

 

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

VOTED:  To set the Special Town Meeting date for October 4th, to open the Warrant, and set a closing date of September 3rd at 5:00 PM.

            Unanimous Vote.

 

The recommendation is for Town Meeting to be held at the Middleborough High School.

 

OLD BUSINESS

 

Request to Approve & Sign Approval for Conservation Restriction – Meadowbrooke Farms

 

Steven and Maureen Bonfiglioli met with the Board in regards to Meadowbrooke Farms.

 

Mr. Bonfiglioli explained that, under the cluster zoning bylaw, land in the Meadowbrooke Farm subdivision will be given to the homeowners to use and maintain.  A ConCom restriction is required so the land cannot be sold at a later date.

 

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

VOTED:  To approve and sign the Conservation Restriction in regards to Meadowbrooke Farms.

            Unanimous Vote.

 

Request to Award Landfill Contract

 

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

VOTED:  To award the Middleborough Landfill Phase II Expansion and Initial Phase I Closure bid to the Welch Corporation in the amount of $2,737,600, subject to the oversight of the Town’s Engineer on the Landfill projects, Weston & Sampson, to authorize Waste Management to monitor construction activities and to review any change orders submitted by the contractor.

            Unanimous Vote.

 

Tom White asked if there was something in writing from Waste Management saying they will reimburse the Town.

 

Selectwoman Brunelle said there is.

 

TOWN MANAGER’S REPORT

 

There was no ‘Town Manager’s Report’ because the Town Manager has been on vacation.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $12,278.36.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by FedEx in the amount of $10.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by ADT Security Services, Inc. in the amount of $109.11.

            Unanimous Vote.

 

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

VOTED:  To pay the water bill submitted by the Town of Middleborough in the amount of $18.03.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $23.06 and $23.04, totaling $46.10.

            Unanimous Vote.

 

OTHER

 

Office of Economic & Community Development Budget

 

The Office of Economic & Community Development had been asked to forward information its budget to the Board.

 

Balances for current grants were provided, with an explanation that the Office does not prepare an annual budget as it is self-funded through delivery and/or administration budget costs encompassed within CDBG grants received by the Town, which has not always been on a yearly basis.

 

Selectwoman Brunelle said she is asking for more detail, and a budget format similar to what other departments submit.  This would include salaries, and the cost to run the office.

 

The item will be placed on the September 13th agenda.

 

Resignation from Gas & Electric Department Board of Commissioners

 

The Board was notified that Walter Burrell has resigned from his position as Gas and Electric Commissioner.

 

The Board will request that the G&E advertise and set a deadline for submitting letters of interest, with copies to the Board.  A joint appointment by the Commissioners and Selectmen will be needed.

 

Water Bypass Lead at Pearl & Peirce Streets

 

Selectman Bond explained that on Sunday, August 15th at 1:30 PM, there was a leak in the bypass at Peirce and Pearl Streets.  He said there has been a lot of discussion as to how long it took people to get there.

 

The company working on the project, W. Walsh Company, responded from North Attleboro in just under 30 minutes.

 

Selectman Bond said notice needs to be given to residents as to who to contact in such an emergency.

 

Mr. Tinkham said that correspondence will be provided to residents asking that any leaks, damage to temporary bypass lines, or other problems be reported to the Middleborough Police Department immediately at 508-947-1212 so that the contractor’s emergency personnel can respond.  This will also be advertised in the local paper, and cable.

 

Peirce Trustees Donation

 

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

VOTED:  To notify the Historical Commission that the Board has no objection to their request to the Peirce Trustees For $2,500 to fund an archeological survey of the area where the proposed Veterans’ Memorial Park will be located adjacent to the Town Hall.

            Unanimous Vote.

 

CORRESPONDENCE

 

ü      A letter from Edward M. Taylor in regards to the Town Manager’s notification of his intention to retire in 2 years was read.

 

ü      The Board was given correspondence from the MJHS Building Committee in regards to new rules for procuring construction.  This could significantly effect the Junior High School project.

 

Mr. Healey said the State’s intention was to make things simpler, but it actually makes it more complex and costly.

 

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

VOTED:  To ask Town Counsel to provide the Board with a copy of any opinions given to the MJHS Building Committee, and to ask for a summary breakdown of what the new legislation means to the Town.

            Unanimous Vote.

 

ü      The Board received notice that Rober Rashid has resigned from the FinCom.

 

ü      Correspondence was received from John Campbell, Jr. complaining of telemarketers soliciting on behalf of the Fire Department.

 

ü      Town Counsel provided correspondence regarding Adjudicator Hearings.  A quorum must be present at all of those hearings or the vote will be invalid.

 

ü      Notice from the City of New Bedford in regards to the Forest Stewardship Plan will be forwarded to the Conservation Commission and the Planning Board.

 

ü      Mr. Healey spoke to ConCom Chairman, Dick Chamberlin, in regards to a letter received from Robert Ricci concerning the Morgan Property.

 

Mr. Healey said that Costello Dismantling has agreed to help with the demolition of the barn building within the next 2 weeks.  The Town will need to assist in disposing of the materials.

 

ü      Mr. Healey will follow up on a letter from Darlene Cayton to Morgan Management in regards to a complaint at Hillcrest.

 

ü      The Town received approval from the Department of Environmental Protection in regards to the Phase 1 capping and phase 2 expansion of the Landfill.

 

ü      Middleborough has received a 20% increase in its Chapter 90 monies, totaling $502,232.

 

 

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

            VOTED:  To adjourn at 9:23 PM.

            Unanimous Vote.

 

 

 

                                               

Diane Henault, Secretary

BOARD OF SELECTMEN