SELECTMEN’S MEETING

AUGUST 21, 2006

 

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

 

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

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of August 7, 2006.

VOTE 4 – 0 – 1 (Selectman Andrews abstained)

 

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

            VOTED:  To approve the Executive Minutes of August 7, 2006.

            VOTE 4 – 0 – 1 (Selectman Andrews abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Road Layout Acceptance – Greystone Way & Granite 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 21, 2006 at 7:05 PM to accept the layout of Greystone Way and Granite Road 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 “Acceptance/Layout Plan – Greystone Way & Granite Road – “Greystone Estates” – A Chapter 40B Development in Middleborough, MA - (Plymouth County) – Prepared for Greystone Realty, Inc.”, dated January 11, 2006 revised through July 11, 2006, prepared by John W. Delano and Associates, Inc., which plan is on file with the Town Clerk’s Office.”  The hearing was opened.

 

Marcus Baptiste, Greystone Realty, Inc., was present.  He returned the green cards.

 

Mr. Baptiste told the Board that a Certificate of Completion was issued by the ZBA on July 13, 2006.  It has been recorded at the Registry of Deeds.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To accept the layout of Greystone Way and Granite Road located off of Plymouth Street in Middleborough, MA, as shown on a plan entitled “Acceptance/Layout Plan – Greystone Way & Granite Road – “Greystone Estates” – A Chapter 40B Development in Middleborough, MA - (Plymouth County) – Prepared for Greystone Realty, Inc.”, dated January 11, 2006 revised through July 11, 2006, prepared by John W. Delano and Associates, Inc., and to present an Article to the Fall Town Meeting as recommended by the ZBA.

Unanimous Vote.

 

Hearing – Request for WRPD Special Permit – Butler – 97 Summer 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 Monday, August 21, 2006 at 7:15 PM, for the purpose of discussing an application filed by Outback Engineering, Inc. on behalf of Richard Butler, for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a portion of driveway which will alter 367 s.f. of Bordering vegetated Wetlands (BVW), to allow access to an existing single family home at 97 Summer Street.  The property is shown as Assessors Map 022 Lots 128 & 249, zoned RA, W.R.P.D. “Z4”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Leanne Bradley, Outback Engineering, was present.  She returned the green cards.

 

Ms. Bradley told the Board that the applicant has an existing single family home (Lot 1) and has created a retreat lot (Lot 2).  Per Planning Board regulations, access must be obtained by frontage on that lot.  Presently the driveway which accesses the existing single family is located on Lot 2.  A Special Permit is being requested to allow construction of a driveway on Lot 1 to access the existing single family home on Lot 1.

 

Ms. Bradley told the Board that 367 s.f. of bordering vegetated wetlands would need to be filled.  She said this is in a wooded area and would be filled by hand.

 

Ms. Bradley told the Board that the applicant has received an Order of Conditions from the Conservation Commission.

 

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 Outback Engineering, Inc. on behalf of Richard Butler, for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a portion of driveway which will alter 367 s.f. of Bordering vegetated Wetlands (BVW) to allow access to an existing single family home at 97 Summer Street, shown as Assessors Map 022 Lots 128 & 249, zoned RA, W.R.P.D. “Z4” as shown on a plan entitled “Wetland Plan at 97 Summer Street in Middleborough Massachusetts” dated March 7, 2005, drawn by outback Engineering, Inc..  The Board further found that the project

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 (cont.) – Request for WRPD Special Permit – Coletti – 593 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 July 10, 2006 at 7:05 PM, for the purpose of discussing an application filed by Kevin Walker, K&J Engineering, on behalf of Russell Coletti, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a driveway within 25’ of a wetland.  The property is located at 593 Wareham Street, a.k.a. Paradise Lane, and is shown as Assessors Map 102, Lot 296, zoned General Use, W.R.P.D. “Z4”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  Chairman Perkins noted that this hearing had been continued to tonight’s meeting.

 

Brian McLaughlin, K&J Engineering, was present.  He told the Board that the property was originally surveyed and engineering and split up by another firm.  A WRPD was never filed for the construction of the driveway, which was within 25’ of a wetland.  K&J Engineering was hired to do a septic design and a Form A.  An Order of Conditions was issued by the Conservation Commission.  He said this request is an “after the fact filing”.

 

Mr. McLaughlin presented a utility layout plan and an existing driveway plan.

 

Chairman Perkins noted a memo from Jeanne Spalding saying she had reviewed the plans.  A perc test was performed and the septic design plan was approved.  She said the access already exists and she had no objection to the request.

 

The Building Commissioner had no comments on the request, and the Treasurer’s Office noted that there are no outstanding municipal taxes due on the property.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Kevin Walker, K&J Engineering, on behalf of Russell Coletti, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a driveway within 25’ of a wetland for property located at 593 Wareham Street, a.k.a. Paradise Lane, shown as Assessors Map 102, Lot 296, zoned General Use, W.R.P.D. “Z4”.  The Board further found that the project

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.

 

Meeting with Joe Thomas, Executive Director of the Middleboro Veterans Outreach Center (MVOC) – RE:  Website

 

Chairman Perkins read a letter from the MVOC that had been discussed at a previous meeting.  As a result, Town Counsel and the IT Director had been asked for opinions regarding the request.

 

Joe Thomas was not present.

 

Chairman Perkins read a letter from Town Counsel in response to three (3) questions posed by the Board:

 

1.                  What is your opinion regarding the permissibility of having ‘for profit’ and ‘non profit’ links to the Town’s website: and

2.                  What is the legal relationship between the MVOC and the Middleborough Veterans’ Agent; and

3.                  Does the Town have any responsibility to the MVOC.

 

Attorney Murray said “non-profit” or “for-profit” links to the Town would be permissible.  He said it is a matter of policy whether such links are place din the Town’s website.  He suggested a website “disclaimer” indicating there are links to other websites in the Town’s web pages which are not under the control of the Town, that the Town makes no representation regarding the contents of the linked sites nor does it endorse or recommend the sites.

 

Attorney Murray said there is no legal relationship between the Middleborough Veterans’ Agent and MVOC, and he was unaware of any legal responsibility to MVOC in the sense of a statute or regulations, contract or other legal provision.

 

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

VOTED:  To ask Town Counsel to give a quick legal opinion on the propriety of charging for links to the Town’s website as a potential income source, and any limits on what the sites can be sold for.

            VOTE 2 – 0 – 1 (Selectwoman Brunelle abstained)

 

Chairman Perkins also read a letter from Paul Provencher saying that he does not make policy about the use.  He said if MVOC is allowed to have information on the Town’s website, it should not be listed on the Department of Veterans’ Services page because it is a private business and all other organizations that were connected directly to the Middleborough Department of Veterans’ Services page of the Town’s website have been removed.

 

Roger Brunelle, IT Director, was present.  He told the Board there are no laws dealing with charging for websites.  He said there are some communities that do charge.  He cautioned that if a charge is issued, the Town will have to be sure that the service is available 24/7.

 

Mr. Brunelle said his opinion is to leave the website as it is, not open to private organizations.  He said the website is supported through taxpayers.  He questioned how it would be decided to allow someone to link to the website or not.  He said the website is not subjective.  He said if this changes, strong guidelines will need to be set.

 

Mr. Brunelle also explained that every link needs some maintenance or it could result in “link rot”.  He explained that the end site might be different than what was expected.

 

Selectman Bond asked about putting information on as a bulletin board. 

 

Mr. Brunelle said that would also have to be maintained.

 

Selectman Bond said he was trying to see if there was a revenue possibility to help defray the costs of the taxpayer.

 

Mr. Brunelle said he is currently looking at a different form of software that would give more latitude to get into areas that Selectman Bond was talking about.  He said it is doable under the present website, but it would take more maintenance and he doesn’t have the staff to deal with it at this time.

 

Mr. Brunelle suggested the Board approve placing a disclaimer.

 

Selectman Spataro asked how that would help.

 

Mr. Brunelle said it would protect the town.  He explained that we own the domain name “Middleborough.com”.

 

Chairman Perkins reminded everyone that the State will audit the IT Department at the end of the year.  He said this subject could be part of the audit. 

 

Selectman Andrews suggested businesses should join the ‘Chamber of Commerce’ website.

 

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

VOTED:  To instruct the IT Director to maintain the Town’s website as it is, for governmental information purposes, and to authorize the IT Director to place a disclaimer on the website.

            Unanimous Vote.

 

Hearing – Request to Relocate Poles – Plain Street - Verizon – Middleboro G&E Department

 

Chairman Perkins read the following:  “A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, August 21, 2006 at 8:00 PM, for the purpose of discussing the petition filed by Verizon New England INC. and the Middleborough Gas & Electric Department to relocate seven (7) poles (P49, P52, P53, P54, P58, P66 and P69) on Plain Street.  This petition is necessary to maintain support to the existing pole line and for road improvements to this street.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Joanne Robideau, Verizon, said the request is being made because of the tarring and widening of Plain Street.

 

Mr. Healey asked who owns the poles.

 

Ms. Robideau said they are jointly owned by Verizon and MG&E.

 

Mr. Healey said he assumed the old poles will be taken out when the new ones are set. 

 

Ms. Robideau said she believed the poles belong to Verizon because they are setting them.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Verizon New England INC. and the Middleborough Gas & Electric Department to relocate seven (7) poles (P49, P52, P53, P54, P58, P66 and P69) on Plain Street to maintain support to the existing pole line and for road improvements to this street.

            Unanimous Vote.

 

NEW BUSINESS

 

Request for Appointment as Constable – Rae A. Costa

 

Chairman Perkins noted correspondence from the Police Chief who had no concerns with the applicant after performing a CORI check. 

 

It was noted that the Town’s quota for constables is 9.  There are currently 5.

 

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

VOTED:  To appoint Rae A. Costa as a Constable for the Town of Middleborough.

            Unanimous Vote.

 

Request for Live Entertainment License – Streetside Café

 

Barbara Zion, the applicant, was present.  She told the Board that the request is for a Live Entertainment License similar to the one that was previously held by the Coffee Zone.  Poetry readings will be held.  It will be family oriented.  Pastries, muffins, and coffee will be served.  She said the seating capacity for her establishment is 19.  Any larger groups will be held at the Library.

 

Ms. Zion said the requested time is 6 PM to 9 PM, 2x/week, although it will probably only be held 2x/month.

 

Selectwoman Brunelle noted correspondence from the Treasurer indicating that the 2006 real estate taxes have not been paid by the owner of the property.

 

Ms. Zion said she had spoken to someone in the Treasurer’s Office who indicated there were no outstanding taxes.

 

Selectman Spataro asked if the landlord supported this request.

 

Ms. Zion said yes. 

 

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

VOTED:  To approve the request for a Live Entertainment License for the Streetside Café, 111 Center Street, for no more than 2 nights per week from 6 PM to 9 PM, subject to verification of the 2006 Real Estate Taxes being paid.

            Unanimous Vote.

 

Request for Common Victualer License – ‘Chinatown’ – 321 W. Grove Street

 

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

VOTED:  To approve the request of Huang Express, Inc. d/b/a China Town for a Common Victualer License for property located at 321 W. Grove Street, for 11 AM to 11 PM, 7 days per week, subject to a final inspection by the Health Department.

            Unanimous Vote.

 

Request to Approve New Street Name – ‘Cavossa Park Drive’ - E911 Database Coordinator

 

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

VOTED:  To approve the name ‘Cavossa Park Drive’ for an industrial park to be built between 493 and 503 Wareham Street.

            Unanimous Vote.

 

Request for One Day Liquor License – Professional Bartending Service, Inc.

 

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

VOTED:  To approve the request of Professional Bartending Service, Inc. for a one day Liquor License for an event to be held at 35 Katrina Road on Saturday, July 29, 2006, from 4:30 PM to 10:00 PM.

            Unanimous Vote.

 

Request to Supplement Budget at STM – Town Clerk

 

Chairman Perkins read a letter from the Town Clerk asking the Board to support supplementing her budget at the upcoming Special Town Meeting.  Ms. Gates explained that her Senior Clerk is scheduled to have the first of two surgeries, leaving only Ms. Gates and the part-time Junior Clerk in the office.

 

Ms. Gates noted upcoming elections, explaining that she will need to be away from the office during the elections.

 

Ms. Gates said she cannot be sure how long the Senior Clerk will be out, so she is requesting permission to have the Junior Clerk’s hours restored to full-time, supplementing the budget at the Special Town Meeting.  It would cost $8,015 to fund the position for the remainder of the year.

 

Chairman Perkins asked what would happen if the supplement wasn’t approved.

 

Mr. Healey said the money would run out in the Spring.

 

Selectman Andrews said he would like a better idea of how long the employee would be out.  He suggested getting a doctor’s opinion.

 

Mr. Healey said it would be appropriate for the Board to authorize Ms. Gates to restore the Junior Clerk’s hours until such time as the Board could take another look at it.

 

Selectwoman Brunelle asked if there was any way to determine the exact number of hours needed between now and the end of October.

 

Ms. Gates said 9 ¼ hours per week.

 

Selectwoman Brunelle said all those hours would not be spent on elections.

 

Ms. Gates said a lot of it would be, but it would be difficult to say exactly how many hours.

 

Selectwoman Brunelle said if this is not funded, people will be laid off in the Spring to cover it.

 

Selectwoman Brunelle asked about funding from the FinCom to carry over until the end of September.

 

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

VOTED:  To support the Town Clerk’s request for a Reserve Fund Transfer to fund the Junior Clerk position to full time through the month of September.

            Unanimous Vote.

 

This discussion was continued to the September 9th meeting.

 

Request to Approve & Sign GATRA Contracts – Director, COA

 

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

            VOTED:  To approve and sign the 2007 GATRA Contract.

            Unanimous Vote.

 

Request to Approve & Sign Warrant for State Primary – Town Clerk

 

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

            VOTED:  To approve and sign the Warrant for the State Primary.

            Unanimous Vote.

 

Request to Appoint Acting Town Accountant – Town Accountant

 

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

VOTED:  To appoint Nancy Robbins as acting Town Accountant for the week of August 28 – September 1, 2006, limited to signing strictly payroll in the absence of the Town Accountant.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Middleborough Public Schools – Fine Arts Dept.

 

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

VOTED:  To approve the request of the Middleborough Public Schools Fine Arts Department to rent the Town Hall Auditorium in May of 2007.

            Unanimous Vote.

 

Request to Place Sign – Middleborough Veteran’s Memorial Park Committee

 

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

 

 

VOTED:  To approve the request of the Middleborough Veterans’s Memorial Park Committee to place a to place a 4 foot by 8 foot sign on the Town Hall lawn to advertise the Taste of Middleborough event scheduled for October 19, 2006.

            Unanimous Vote.

 

Request to Place Sign – Fall Festival of Antiques

 

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

VOTED:  To approve the request of Carol Lucas to place a sign on the Town Hall lawn to promote the Fall Festival of Antiques to be held on September 16, 2006, subject to contacting the Town Manager for approval of the location.

            Unanimous Vote.

 

Request to Use Town Hall Lawn – Middleborough Farmer’s Market

 

Chairman Perkins read a letter from Darlene Anastas, Chairman of the Agricultural Commission, requesting permission for the Middleborough Farmer’s Market to move from Pratt Farm to the Town Hall lawn.

 

Mr. Healey said this was a good idea.

 

Selectwoman Brunelle questioned what would happen if the lawn was being used for another purpose.  She suggested a policy should be established.

 

Chairman Perkins said there is not many weekends left for the Farmer’s Market this year and suggested Ms. Anastas work with whoever is here.

 

Mr. Healey said the group could set up on the corner of the lawn.

 

Selectman Andrews said he has been a regular attendee of the Farmer’s Market.  He said it has diminished rapidly over the past two years.  He said a let of vendors have left.  He was concerned that there is not a lot of produce available at the market.  He said he didn’t want it to become a “flea market” type of atmosphere.  He questioned whether or not the vendors were “local”.

 

Chairman Perkins suggested Mr. Healey pass on the concerns to Ms. Anastas and Mike Nash, “market master”.

 

Selectman Spataro suggested putting off the request for a couple of weeks, asking for a presentation for the Board to explain the request.

 

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

VOTED:  To ask the Middleborough Farmer’s Market to meet with the Board to address concerns regarding the request to use the Town Hall lawn.

VOTE 2 – 3 (Selectwoman Brunelle, Selectman Bond, and Chairman Perkins opposed)

            Motion doesn’t carry.

 

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

VOTED:  To grant permission to the Middleborough Farmer’s Market to move the Farmer’s Market from the Pratt Farm to the Town Hall lawn starting on September 2, 2006, to run every Saturday from 9 AM to 1PM through October 29th, and to request a meeting with Darlene Anastas and/or Mike Nash at their meeting on September 18th to discuss some concerns that the Board has regarding this request.

            VOTE 4 – 1 (Selectman Spataro opposed)

 

Request to Use Town Hall Parking Lot – Pratt Farm Fall Festival 2006

 

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

VOTED:  To approve the request of the Pratt Farm Fall Festival Committee to use the Town Hall parking lot for a pick up station to the Festival to be held on September 30th from 9AM to 4PM.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street (waiting for decision)

 

There was no new information on this item.

 

Downtown Parking

 

Selectman Bond and Mr. Healey will meet with the Commission on Disability tomorrow.

 

Lakeville IMA

 

Selectman Bond is working with Mr. Healey on this document.  Once completed, it will be sent to people who attended the meeting for comment.  It will then be forwarded to Town Counsel for comment, and then to the Board.

 

Veterans’ Agent Response

 

Mr. Provencher will have a response for the Board in 2 weeks.

 

Request to Approve & Sign Release-Indemnification Agreement – 25 Wareham Street

 

Additional information was provided to the Board by Joe Ciaglo.

 

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

    

VOTED:  To approve and sign the Release-Indemnification Agreement for 25 Wareham Street.

        VOTE 4 – 1 (Selectman Bond opposed)

 

TOWN MANAGER’S REPORT

 

Meetings with Town Accountant and Veterans Services Director

 

Mr. Healey informed the Board that, pursuant to protocol, he had met on two occasions with Paul Provencher and Lisa Higgins concerning the issues Ms. Higgins raised in her memos to the Board.

 

Mr. Provencher has apologized to Ms. Higgins and agreed to address any questions regarding his Department’s accounts to Ms. Higgins directly.

 

The second meeting dealt with accounting issues.

 

Custodian Hours to be Filled

 

Mr. Healey asked the Board to approve some part-time custodial hours for the Town Hall and Bank Building.  He explained that the FinCom and Town Meeting had approved a small amount of money for this purpose.

 

Mr. Healey said he would ask the Library’s custodian, who works 25 hours a week, to work the part-time position.  This would not result in any additional benefit costs.

 

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

VOTED:  To authorize Roger Choquette to work 15 hours a week at the Town Hall and Bank Building beginning on August 28, 2006.

            Unanimous Vote.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Commonwealth of Massachusetts in the amount of $60.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by the Town of Middleborough in the amount of $27.29.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $10,972.48.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $1,615.00.

            Unanimous Vote.

 

OTHER

 

Mosquito Spraying

 

Mr. Healey told the Board that there will be another spraying for mosquitoes tomorrow, Wednesday, and possibly Thursday night.  He will have a schedule tomorrow morning.  A larger area will be sprayed.  He said he was concerned with the timing of notifications to people.  The Sheriff’s Office will be notified to do a reverse 911 contact.

 

Selectman Spataro asked about the impact to gardens.

 

Mr. Healey said the poison dissipates in a matter of hours.  He said he “didn’t imagine there was any residue from prior spraying”.  He said if there were concerns, residents should cover the gardens with sheets.

 

Selectman Bond asked about dogs that graze on grass.  He noted his dog had gotten sick after the last spraying.

 

Selectwoman Brunelle said the public announcement had indicated that animals should be brought indoors and not graze for 2 days.

 

Discussion – Disposition of Rock School

 

The Board discussed previous correspondence sent by Town Counsel in regards to the rental of the Rock School to Christ evangelical Church.

 

Chairman Perkins said it appears that the Town “may be breaking the law by continuing to lease” the property to the Church.

 

Selectwoman Brunelle noted the amount of the bills that are incurred for the property.  She suggested selling the property or leasing it to another organization.  She said her personal preference would be to sell it.

 

Selectman Spataro agreed.  He suggested giving the current tenant enough time to find another place.

 

Chairman Perkins suggested the current tenant could also be given the opportunity to buy it.

 

Selectman Andrews asked how the Board can be sure it gets “top dollar”.

 

Selectwoman Brunelle said an appraisal would be done. 

 

Mr. Healey said the bidding would start at what is understood to be the value of the property.  He said he has not spoken to the Pastor yet.  He noted the Church also owns a piece of property on Plain Street.  There is an old sign there saying the Church will be constructed there.  He said he hoped the Church was in a position to accelerate its plans to locate there, or if not, allow some time for it to make other arrangements.

 

Chairman Perkins said that was reasonable.

 

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

VOTED:  To authorize the Town Manager to speak with the Pastor regarding the Rock Village School property, to put her on notice to vacate the property no later than June 30, 2007, or a date to be modified after further discussion.

            Unanimous Vote.

 

Discussion Regarding 255 Plymouth Street

 

Chairman Perkins said the DEP has granted the owner of the old Rockland Industries site permission to bury, and cover with soil or other material, most of the remaining chemical contaminants on this site.

 

Bob Lessard, 844 Plymouth Street, was present.  He said he attended a recent DEP hearing regarding this.  He suggested the Town should try to get DEP to give the Town some type of indemnification letter so it doesn’t end up with a problem having to clean up the site.

 

Mr. Lessard expressed concern with the hearing that was held by DEP.  He noted it did not start at the posted time.  He said he believed the public was not welcome.  He noted that, previously, there were 50 citizens that received notices in regards to the property.  Now it has been reduced to 2.

 

Mr. Lessard said the problem has been ongoing since 1968.

 

Mr. Healey thanked Mr. Lessard for diligently tracking the situation.  He suggested Gerard Martin, DEP, be asked to meet with the Board to explain why DEP has come to the conclusion that this is the best way to deal with the remaining contamination on the site.  He said Roux Associates is their consultant.  He suggested they could also meet with the Board.

 

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

VOTED:  To authorize the Town Manager to draft a letter to Gerard Martin to meet with the Board, including those questions and concerns that the Board will want addressed.

            Unanimous Vote.

 

Selectman Bond suggested the letter be sent out tomorrow.

 

Chairman Perkins suggested the letter be copied to Roux Associates, and Mr. Healey follow up with a phone call.

 

Selectman Bond suggested Mr. Healey speak with Town Counsel to see if there are any “magic” words to prompt a quicker response.

 

Mr. Healey said he would speak with him in the morning.

 

CLG Meeting

 

A Collaborative Leadership Group meeting is scheduled for tomorrow night at 7 PM.

 

CORRESPONDENCE

 

v     The Commission on Disability will meet tomorrow pertaining to parking issues.  Immediately following, a thorough inspection of all the newly constructed curb cuts will be conducted.  Board members are invited to attend.

 

v     Selectman Andrews read a letter from Peggy Cory, who is resigning as a Park Commissioner.  He said he hoped Ms. Cory would try to make changes “from the inside” remaining a Commissioner.

 

v     Mr. Healey said he has offered to fix a dented rubbish barrel owned by Neil Avedissian.

 

v     Selectman Andrews read letters of support for the Veterans Agent sent by Charles Chace, Roger Clark, Antonio Leito, Anna Costello, and Josephine Tolotska.

 

v     The Board received Dam Safety Orders for the Nemasket Park Dam and Shorts Brook Dam.

 

Selectman Andrews asked how we pay for the inspections. 

 

Mr. Healey said it could cost $6,000 - $8,000 per inspection report.  He said he would write a letter tomorrow requesting an extension to allow time to go to Town Meeting.

 

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

VOTED:  To send a letter to the School Superintendent and School Committee encouraging participation in the Massachusetts Municipal Association’s Statewide Essay Contest for 6th Graders.

Unanimous Vote.

 

Chairman Perkins suggested the possibility of having a “mini” government day with students.

 

v     Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board

VOTED:  To forward correspondence regarding ‘Fall Brook Village’ to the ZBA for their comments, asking for copies to be provided to the Board.

Unanimous Vote.

 

v     A Grant notification from DHCD will be forwarded to the OECD.

 

v     Upon motion by Selectwoman Brunelle and seconded by Selectman Spataro, the Board

VOTED:  To forward information concerning the ‘Hazard Mitigation Grant Program’ to the Fire Chief for his review.

Unanimous Vote.

 

v     Mr. Healey will review comments made by Town Counsel concerning Contracts that he reviewed.

 

 

 

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

            VOTED:  To adjourn at 9:40 PM.

            Unanimous Vote.

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN