SELECTMEN’S MEETING

AUGUST 29, 2005

 

 

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

 

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

Selectman Wiksten 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, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of August 9, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of August 15, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of August 15, 2005.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Title V Variance – 232 Old Centre Street

 

Kevin Walker, K&J Engineering, was present.  He told the Board that, at the previous hearing, the Board had asked for the abutter’s well to be tested and a mitigation plan be submitted to address the drainage onto Toni Card’s property.

 

Mr. Walker submitted the well test results which showed no problem.  He explained the mitigation plan.

 

Mr. Walker said that a crush stoned trench will be designed, as a French drain, with a pipe inside to act as a swale.  It is designed with a berm on the left side.

 

Jeanne Spalding was present.  She asked if any Board members had viewed the property.  She said she had been to the property today, during pouring rains.  She said the trench is a good idea, but was not enough.  She said that because the house was built closer to the property line than was shown on the plan, the slope is extremely step.  She suggested a retaining wall be constructed for the extent of the septic system past the house.  She said the trench would alleviate problems with drainage off the back side.

 

Ms. Spalding said she had also observed drainage coming off the slope onto the roadway.  She said this would not be as much of a problem once the property was loamed and seeded, but felt this could cause an icing problem in colder weather.

 

Chairman Perkins noted that if a retaining wall was constructed, it would be high.

 

Ms. Spalding agreed.

 

Selectman Andrews noted that the well had also not been located properly on the original plans.

 

Mr. Walker said the well had been located incorrectly, but said this had nothing to do with the system location, noting it was restricted by wetlands.

 

Mr. Walker said that, prior to the previous structure being torn down, runoff had also gone into the roadway and the abutter’s property.  He said the problem now is because of erosion.  He said once the lawn is in, a berm would be created to keep the runoff in the roadway where it had always been.  He said he did not completely disagree with Ms. Spalding, but said he was trying to do what would be the least impact on behalf of his client and the site.  He suggested constructing the trench and berm, and if it doesn’t hold the runoff, to construct a retaining wall.

 

Selectwoman Brunelle asked how the construction of the retaining wall would be enforced.

 

Selectman Andrews said it would have to be written into the deed.

 

Ms. Spalding noted another property that she has been trying to get to construct a retaining wall for three (3) years.

 

Selectman Bond asked what the cost of constructing the retaining wall would be.

 

Mr. Walker said he didn’t know.

 

Selectman Bond asked if a bond could be taken to deal with the wall if needed.

 

Chairman Perkins did not think that would be permitted.

 

Ms. Spalding noted that this would also put a lot of “babysitting” onto the Health Office, and an additional burden onto the neighbor.

 

Selectman Andrews asked how long it would be before leaves plugged up the proposed trench.

 

Mr. Walker said a maintenance plan could be put in place.

 

Selectman Andrews asked where the water goes.

 

Mr. Walker said it would go to the rear of the property towards the wetland.  The pipe would have perforations which would allow some infiltration.

 

Selectman Andrews asked if, prior to construction, the water had been going to the back of the lot.

 

Mr. Walker said it had.

 

Toni Card, the abutter, was present.  She said that the biggest problem is that a considerable amount of fill had been put in the area in the rear of the property, causing drainage back to her property.  She said there had been a roadway between the properties that was no longer there.  She said no arrangements were made for the extra water.

 

Selectman Andrews asked Mr. Walker if the rear of the property had been changed.

 

Mr. Walker said there was some grading done on the back.  He said the basement is a walk-out on existing ground.  He said it might be a few inches higher.  He said the majority of the change in grade was done in the front and along the side.

 

Michael Nunes, the homeowner, said there are pictures that show the water had previously run down the street.  He said it is going into the same spot.

 

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

VOTED:  To ask Mr. Walker to prepare an alternative solution to what was presented, and to submit drainage calculations.

            Unanimous Vote.

 

Selectman Andrews suggested asking the Town Planner to review the calculations.

 

The meeting was continued to September 19th.

 

Selectman Bond suggested any solution should include shedding the grade to the left of the property as suggested by the Health Officer.

 

Hearing – Request for Title V Variance – 66 Atwood Avenue

 

Chairman Perkins opened the hearing.

 

Darrin Michaelis presented the green cards.  He explained that the request is being made to fit a Title V system on a small property. 

 

Ms. Spalding said the lots are undersized and it is tough to fit a system.  She said this property has the dwelling and septic location on a steep slope.  It is 84’ from the property well, and 96’ from the abutter’s.

 

Chairman Perkins asked if Ms. Spalding had a recommendation.

 

Ms. Spalding suggested asking for a well test.  She said the septic system going in should increase treatment.  By doing a well test now, it would give a baseline for any future problems.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the following variances for a septic system upgrade for property located at 66 Atwood Avenue, subject to a well test:

Local Upgrade Variance:

1.                  Reduction of the setback of the proposed leach field from an abutting well from 100’ to 96’ per 310CMR Section 15.405(1)(h); and

2.                  Reduction of the setback of the proposed leach from the property’s well from 100’ to 84’ ’ per 310CMR Section 15.405(1)(h).

Local Board of Health Regulation Variance:

1.                  Reduction of the setback of the leach field with a percolation rate of < 5 MPI from surrounding wells to a minimum of 140’.

Unanimous Vote.

 

Hearing – Request to Accept Road Layout – Colarusso Drive & Sadies Path

 

Chairman Perkins read a memo to the Board explaining that because the Planning Board had to cancel a previous meeting, their discussion regarding the road layouts is scheduled for Tuesday, August 30th.  The Layout Procedure requires a written comment from the Planning Board prior to the Selectmen’s accepting the layouts.

 

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 Monday, August  29, 2005 at 7:20 PM to accept the layout of Colarusso Drive and Sadies Path located off of Miller Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled “’Colarusso Woods’ – Colarusso Drive – Sadies Path - Road Layout Plan in Middleborough, MA – for Chaves & Cincotta, Inc.”, dated April 23, 2004, revised through July 11, 2005, drawn by Senna Fitzgerald Gilbert Associates, which plan is on file with the Town Clerk’s Office.”  The hearing was opened.

 

Paul J. Cincotta, Chaves & Cincotta, was present.  He returned the green cards.

 

Chairman Perkins asked if there were any public comments.

 

Nancy Parks told the Board that her father owns Black Brook Ranch which abuts the development.  She said she has expressed concerns to the Planning Department regarding water running onto her father’s property.

 

Ms. Parks presented pictures to the Board.  She said a detention basin has been filled. 

 

Mr. Cincotta told the Board that Ms. Parks does have a valid problem, but it is with another subdivision.  He said Ms. Geoffroy has issued cease and desist orders to the abutting subdivision.

 

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

VOTED:  To continue the layout hearing for Colarusso Drive and Sadies Path until correspondence from the Planning Board is received.

            Unanimous Vote.

 

Selectman Andrews suggested asking the Town Planner to comments on Ms. Parks’ comments, and to advise the Board as to whether or the problem is because of the Colarusso subdivision.

 

Hearing – Request to Accept Road Layout – Metacomet Road

 

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 Monday, August  29, 2005 at 7:30 PM to accept the layout of Metacomet Road located off of Highland Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled “Roadway Layout Plan of Metacomet Road in Middleborough, MA – Prepared for Hemland Realty Trust- Steven Striar & Soozen Tribuna, Trustees – 405 Washington St. – Braintree, MA  02184”, dated May 6, 2005, revised through August 1, 2005, drawn by K&J Engineering, Inc. which plan is on file with the Town Clerk’s Office.”  The hearing was opened.

 

Steven Striar returned the green cards.

 

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

VOTED:  To continue the layout hearing for Metacomet Road until correspondence from the Planning Board is received.

            Unanimous Vote.

 

Hearing - Request to Accept Road Layout – Lewis Gordon Circle & Roosevelt Avenue Extension

 

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 Monday, August  29, 2005 at 7:40 PM to accept the layout of Lewis Gordon Circle located off of North Grove Street, and Roosevelt Avenue Extension located off Old Centre Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled “Road Layout Plan for Lewis Gordon Circle and Roosevelt Avenue Extension in Middleboro, Massachusetts”, dated July 25, 2005, drawn by Outback Engineering Incorporated, which plan is on file with the Town Clerk’s Office.”  The hearing was opened.

 

The green cards were returned.

 

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

VOTED:  To continue the layout hearing for Lewis Gordon Circle & Roosevelt Avenue Extension until correspondence from the Planning Board is received.

            Unanimous Vote.

 

Hearing – Request to Accept Road Layout – Saddleworth Way, Chadderton Way, and Pendleton Court

 

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 Monday, August  29, 2005 at 7:50 PM to accept the layout of Saddleworth Way, Chadderton Way, and Pendleton Court located off of Plymouth Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled “Roadway Layout Plan of Land – Tanglewood Subdivision – Pendleton Court - Chadderton Way – Saddleworth Way in Middleboro Massachusetts” dated July 9, 2005, drawn by Outback Engineering, Inc., which plan is on file with the Town Clerk’s Office.”  The hearing was opened.

 

The green cards were returned.

 

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

VOTED:  To continue the layout hearing for Saddleworth Way, Chadderton Way, and Pendleton Court until correspondence from the Planning Board is received.

            Unanimous Vote.

 

Hearing – Request for Wine & Malt Restaurant Liquor License – “Farrars Flat Iron Café” – 444 Centre Street

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, August 29, 2005, at 8:00 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 Lands End Enterprises Inc. d/b/a ‘Farrars Flat Iron Café’ for an Annual Wine and Malt Alcoholic Restaurant License for property located at 444 Centre Street, Assessors Map 50N Lot 5913, Middleborough, MA.   Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Applicant, Deborah Locke was present.  She returned the green cards.  She told the Board that she is president of Lands End Enterprises.  The building is being renovated and will open as a café, 7 days per week, until 11:00 PM.  The business will be open for three (3) meals a day, offering breakfast, sandwiches, specials, and pizza.

 

Selectman Bond noted the name “Flat Iron Café” having to do with the shape of the building.

 

Selectwoman Brunelle asked if Ms. Locke had any prior experience with operating a café.

 

Ms. Locke said she has prior restaurant experience.  She said she is hiring more experienced people to actually oversee the business. 

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request made by Lands End Enterprises Inc. d/b/a ‘Farrars Flat Iron Café’ for an Annual Wine and Malt Alcoholic Restaurant License for property located at 444 Centre Street.

Unanimous Vote.

 

Hearing (cont.) – Request for WRPD Permit- Cullinan Engineering – 355 Wareham Street

 

This was a continued hearing from May 2, 2005.

 

Dan Mulloy, Cullinan Engineering, was present to represent the applicant, Paul Lodge.  He explained that the hearing had been continued because of a number of questions regarding the project, including a report from DEP regarding possible contamination.

 

Mr. Mulloy told the Board that all concerns have been addressed.  He said a well on an abutting property has been abandoned, and the resident has been connected to town water.  In addition, the applicant hired an environmental company to do additional water and soil sampling, as well as installing monitoring wells. 

 

Chairman Perkins expressed concerns about the close proximity to Town wells. 

 

Mr. Mulloy said monitoring wells will remain.  He said the results indicate no contamination on site.  He explained that the possible contamination had come from floor drains that leached into an open leaching pit at the back of the operation.  He said the floor drains were eventually sealed, and soil was removed directly from the bottom.  No contamination had leached out.

 

Chairman Perkins asked if the neighbor’s well had been tested.

 

Mr. Mulloy said he didn’t know.  He said there are 8 test wells on site around the building.

 

Mr. Mulloy said the applicant has completed the ZBA hearing, and a Special Permit was granted.  An engineer has also reviewed and signed off on the plans.

 

Selectman Andrews thanked Mr. Mulloy for his professional presentation.

 

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 of Cullinan Engineering, on behalf of Paul Lodge, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a new automobile and repair shop and gas station on a site currently utilized as ‘Jim’s Automotive Service Center’, located at 355 Wareham Street, Assessors Map 072 Lot 5542, zoned General Use, W.R.P.D. “Z3”.  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.

 

NEW BUSINESS

 

Request to Approve & Sign Orders of Taking – Marilyn Brooke Lane, Nicholas Way, Woodlawn Street, Birch Circle and Mahoney Circle

 

Chairman Perkins told the Board that he would abstain from the vote for Woodlawn Street, Birch Circle and Mahoney Circle since he has an interest in those roads.

 

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

VOTED:  To approve and sign the Orders of Taking for Marilyn Brooke Lane, Nicholas Way, Woodlawn Street, Birch Circle and Mahoney Circle.

            Unanimous Vote.

 

Request to Close Summer Street BridgeMass Highway

 

Mr. Healey told the Board that he had contacted officials in Bridgewater.  He said they support the closure of the bridge to reduce the amount of time it takes to get the work done.  He and Don Boucher concur.

 

Mr. Healey also said that the Plymouth Street Bridge is on the “footprint program” which has not been funded in years.

 

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

VOTED:  To approve the request of Mass Highway to close the Summer Street Bridge, and to ask that they notify the Town as to when they anticipate the commencement of repairs.

            Unanimous Vote.

 

Request to Reinstate Class II License – Robert Weaver d/b/a Sports Ltd. Auto Sales

 

Robert Weaver was present.

 

Chairman Perkins read a letter from Mr. Weaver asking that his Class II License be reinstated, and apologizing for making the tax payment late, and not being present at previous meetings.  He explained that he had been away for the month of August.

 

Chairman Perkins suggested, in the future, he have someone contact the Board of Selectmen in such circumstances.

 

Selectwoman Brunelle asked if it was Mr. Weaver’s intention to make the tax payment on time going forward.

 

Mr. Weaver said it was.

 

Mr. Healey said the operation is otherwise in compliance.

 

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board VOTED:  To reinstate the Class II License for Robert Weaver d/b/a Sports LTD Auto Sales.

            Unanimous Vote.

Request to Release Bond – AGS Development Corp.

 

The Board received a request from Elliot Schneider, AGS Development Corp., to release a $10,000 bond that was required for work on Maple Road.  The 2-year requirement has expired.

 

Mr. Healey was asked to check with the Water Department as to any problems there has been.

 

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

            VOTED:  To postpone the request for 2 weeks.

            Unanimous Vote.

 

 

 

Request for One Day Liquor License – Professional Bartending Service

 

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

VOTED:  To approve the request of Professional Bartending Service for a one day Liquor License for a wedding reception to be held at the Oak Point Community Room on Saturday, September 3, 2005, from 6PM to 10PM.

            Unanimous Vote.

 

Request to Allot Funds for E911 Database Coordinator – Police Chief

 

The Board received a written request from the Police Chief to allot funds to hire the E911 Database Coordinator on a part-time basis.

 

Selectwoman Brunelle said there are no funds available.  She also questioned how the next item under New Business could be requested by the E911 Database.

 

Chairman Perkins suggested inviting the Police Chief to meet with the Board to clarify his request.

 

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

            VOTED:  To invite the Police Chief to the September 12th meeting.

            Unanimous Vote.

 

Request to Approve Street Name – E911 Database Coordinator

 

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

VOTED:  To approve the street name Sippican Road for a new non-residential subdivision to be located off Rte. 28.

            Unanimous Vote.

 

Request to Pass Through Community – Rodman Ride for Kids

 

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

VOTED:  To approve the request of Rodman Ride for Kids to pass through Middleborough on Saturday, October 1, 2005, and to notify the Police and Fire Chiefs.

            Unanimous Vote.

 

Request to Accept Donation from Peirce Trustees – Police Chief

 

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

VOTED:  To accept the donation of $19,960 from the Peirce Trustees for radio console and fiber optic equipment.

            Unanimous Vote.

 

 

Request to Approve Donation from Herring Fisheries Commission – Town Clerk

 

Town Counsel provided an opinion to the Board in regards to the request to allow the Town Clerk to accept a donation of $2,300 from the Herring Fisheries Commission to compensate for expenses incurred in the issuance of herring permits.

 

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

VOTED:  To accept the donation of $2,300 from the revolving fund for the specific purpose of compensating the Town Clerk for expenses incurred in the issuance of herring permits; to place the donation in a separate donation account to be drawn on by the Town Clerk from time to time in payroll warrants to supplement the salary of the clerk who handles the permit administration in the Town Clerk’s Office.

            Unanimous Vote.

 

Selectman Bond thanked the Herring Commission for their donation.

 

Request to Increase Storage on Fuel License – Belben’s Auto Repair, Inc.

 

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

VOTED:  To approve the request of Belben’s Auto Repair, 760 Center Street, to increase the waste oil storage permit from 500 gallons to 2,500 gallons, increasing the total storage from 16,000 gallons to 18,500 gallons.

            Unanimous Vote.

 

Request for Second Hand License – ‘The Copper Tree’ – 370 Center Street

 

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

VOTED:  To approve the request of Ellen Tasho, Margaretha Ryan, and Laurie Carey d/b/a ‘The Copper Tree’ for a second hand license for property located at 370 Center Street, hours Monday through Saturday, 10AM to 5PM, and Sunday 12:00 Noon to 4PM.

            Unanimous Vote.

 

Request for Second Hand License – ‘Bluefish Auction & Antiques Co.’ – 19 South Main Street

 

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

VOTED:  To approve the request of Robert Palmerino d/b/a ‘Bluefish Auction & Antiques Co.’ for a second hand license for property located at 19 South Main Street, hours 10AM to 5PM, seven days per week.

            Unanimous Vote.

 

Request to Set Special Town Meeting

 

Mr. Healey suggested that the Board schedule a Special Town Meeting for October 17th, and hold the Classification Hearing on October 24th.

 

Selectwoman Brunelle said that the budget was balanced in June, and said a STM is not needed to balance the budget to set the tax rate.  She said that is 2 separate issues.

 

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

            VOTED:  To open the Town Meeting Warrant.

            Unanimous Vote.

 

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

            VOTED:  To hold a Special Town Meeting on October 17, 2005.

            Unanimous Vote.

 

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

            VOTED:  To close the Warrant on Friday, September 16, 2005 at 5:00 PM.

            Unanimous Vote.

 

A public hearing to discuss the Articles will be held on October 3rd.

 

Request to Re-post Driver’s Position – COA Director

 

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

VOTED:  To re-post the position of a Driver for the COA due to the resignation of the current employee.

            Unanimous Vote.

 

Request to Designate Certifying Officer – OECD

 

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

VOTED:  To designate the Town Manager as the Environmental Certifying Officer for Grant #5652.

            Unanimous Vote.

 

Request to Dispose of Piping at Oliver Mill – Park Superintendent

 

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

            VOTED:  To refer this request to the Town Manager.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

 

 

TOWN MANAGER’S REPORT

 

Trash and Recycling Fee Policy

 

Mr. Healey asked the Board to make an amendment to the Trash and Recycling Fee Policy to address those residents who bring their rubbish in a common area where their street meets the public way.

 

The Board also clarified that recyclables will continue to be picked up, even if a resident opts out of trash pick up.

 

Selectman Bond suggested a FAQ sheet be put together and posted on the Town’s website.

 

Selectman Bond also suggested that residents who opt to use stickers place them where they can be seen.

 

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

            VOTED:  To amend the Trash & Recycling Fee Policy as follows:

1.      Those households that choose the flat fee option, and who place their trash in a common area where their street meets the public way will be required to place their bags in barrels with street name and number marked on the barrels in order to distinguish paying customers.  Barrels will not be required on public streets as long as street numbers are clearly visible from the street on the house or on the mailbox or another structure near the street.

2.      Those residents who opt to use stickers must prominently display them on bags to be visible by drivers from the street.

Unanimous Vote.

 

Discussion ensued on how the trash fee will be billed.

 

Chairman Perkins suggested it could be mailed with the water bills, but should be a separate bill.

 

Various Assignments from the Board Last Monday

 

v     Mr. Healey has initiated action on 2 Earth Removal complaints regarding the O’Connor Earth Removal and Byrne Earth Removal.

 

v     Mr. Healey said the Town does not qualify for grant programs that were outlined by Rep. Stephen Canessa.

 

Selectman Bond said that he had spoken to the Representative who told him he will continue to forward grant information to Towns, for the Towns to determine if they qualify.

 

v     Mr. Healey said the ‘New Employee/Increased Hours Form’ that was proposed by the Board seems to cover all the information required to determine personnel costs.  He thanked Howard Perkins, who supplied the draft form.

 

Selectwoman Brunelle suggested that a narrative with a full explanation as to the reason for the requests also be attached to it.

 

The form will be sent to the Accountant to review.

 

v     Mr. Healey suggested the Board consider a Debt Exclusion question for projects such as the MJHS, Police and DPW buildings, or an Override question for budget supplements for various departments.

 

Selectwoman Brunelle said she was not ready to discuss this right now.  She said the Town needs to determine where it is at financially.  She said the Free Cash hasn’t been certified yet, and it is unknown what is happening with the Waste Management Agreement. 

 

Discussion ensued on the Waste Management Agreement.  It was suggested that the Committee meet with the Board on September 12th.

 

Mr. Healey provided a copy of the proposed Agreement to the Board and asked that it be reviewed for any questions or issues.

 

Selectman Bond suggested that Waste Management should not attend the September 12th meeting.

 

Chairman Perkins asked why, noting it is a public meeting.

 

Selectman Bond said their presence could hamper a “frank discussion”.  He said he would not want comments to be “misinterpreted”.

 

v     Selectman Andrews asked for the status of the water towers. 

 

Mr. Healey said it is in the low 140s.  The top end is 161.5.  He said it has been bouncing back and forth between the high 120s and the low 140s.

 

Selectwoman Brunelle asked if the ban should be lifted.

 

Mr. Healey said he would check with the Water Department this week.

 

SELECTMEN’S BILLS

 

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

VOTED:  To contact Melanson Heath & Company, P.C. to ask for the bill in the amount of $3,000 to be resubmitted with a detailed description of work performed.

            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 $24.43 and $24.45, totaling $48.88.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by ADT Security Services in the amount of $115.11.

            Unanimous Vote.

 

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 $11,710.79.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

            Unanimous Vote.

 

OTHER

 

There was no ‘Other’ Business discussed tonight.

 

CORRESPONDENCE

 

ü      Selectwoman Brunelle thanked the Health Inspector for her response to the Board’s questions regarding “Camp Licenses”.

 

Chairman Perkins said it was a detailed package, but did not answer the Board’s question regarding a “clinic” being classified as a “camp”.

 

Mr. Healey said State law doesn’t have that level of distinction.

 

ü      The Board’s Secretary will check to see if recent fines for dog owners, Thomas Stevens and Matt Brow, have been paid.

 

Selectman Bond also suggested the ZBA be contacted to see if Mr. Stevens requires a kennel license because he owns 4 other dogs.

 

ü      An opening on the Conservation Commission due to the resignation of Richard Rebell will be advertised.

 

ü      Discussion ensued on a letter from the IT Director to the Building Commissioner regarding connecting the ZBA Senior Clerk to the new Savin printer.

 

Selectman Andrews asked why it wouldn’t be the IT Director’s responsibility to do this.

 

Mr. Healey explained that some departments, through grants, secure computer equipment that is offline from our system.  This particular equipment didn’t involve the IT Department.

 

Chairman Perkins asked why the IT Director wouldn’t be the contact person for making the requests to the company.

 

Mr. Healey said the individual departments made arrangements for the equipment to be installed.

 

Selectwoman Brunelle said this is part of the problem because the IT Department was never advised.

 

Selectman Andrews suggested a protocol needs to be developed prior to procuring equipment.

 

ü      The Board acknowledged a letter from Dennis Driscoll saying he will advise the Board as to the exact date he would be resigning as Plumbing and Gas Inspector.  The Board thanked Mr. Driscoll, saying he has treated residents with respect.

 

ü      The Board received information from MADD regarding a recent Alcohol Purchase Survey that was conducted in Middleboro.

 

Selectman Andrews said he was dismayed by some of the results, and bothered that it had been conducted by an outside organization.  

 

Mr. Healey said he was familiar with the Organization, and said that it is properly supervised.

 

Selectman Bond said he applauded any organization that would take this issue to the forefront.

 

ü      The Board received correspondence from the Plymouth-Carver Aquifer Advisory Committee regarding a Memorandum of Understanding.

 

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

VOTED:  To approve and sign the MOU, with Chairman Perkins and Selectwoman Brunelle continuing to represent the Board.

Unanimous Vote.

 

ü      Selectman Bond suggested “Bottle Shop Liquors” be asked to meet with the Board to ask what they are doing to comply with carding and liquor issues.  The Board was recently informed that the ABCC is penalizing the Bottle Shop for selling to a minor.

 

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

VOTED:  To ask Town Counsel if the Board can ask the owners of the establishment to meet with them.

      Unanimous Vote.

 

 

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

VOTED:  To enter into Executive Session at 9:45 PM, not to return to Open Session, to discuss Contract Negotiations and Litigation.

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

            VOTE 4 – 0

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN