DECEMBER 29, 2003


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

Selectman Rogers and Selectwoman Brunelle were present.

Selectman Eayrs entered the meeting at 7:37 PM.

Selectman Wiksten was absent.



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

VOTED: To approve the Minutes of December 22, 2003.

Unanimous Vote.


Hearing – Request for ‘Change of Manager’ – Papa Gino’s

A request was made for a ‘Change of Manager’ on the Liquor License from Joanne Giordano to Bruce Oliver.

The hearing was opened.

Mr. Oliver and Norm Kischfield, District Manager, were present.

Mr. Kischfield explained that Ms. Giordano has moved to Bridgewater, and an application is being made to change the manager on the license to Bruce Oliver, General Manager.

Chairman Perkins noted a letter from the Police Chief which stated that "after conducting a criminal history inquiry……I find items that would disqualify him for being issued a liquor license".

Chairman Perkins explained that Mr. Oliver would have to fill out a form, obtained at the Police Department, that would allow C.O.R.I. information from the State which would then be submitted to the Board so that they could make a decision.

It was noted that Mr. Oliver had applied last year, at which time the Police Chief also had concerns.

The hearing was continued to allow Mr. Oliver to fill out a form to get C.O.R.I. information for the Board to reconsider the request. Once this is done, a date will be set.

Hearing (cont.) – Mobile Home Park Code Violations – Edgeway Park

Chairman Perkins explained that this was a reconvened hearing.

Attorney Richard Driscoll, Jr. and Wayne Williams were present.

Attorney Driscoll said that at the previous meeting on December 15th, concerns were indicated. He said he was back tonight to address these. He noted the short number of days that were available for work in that time.

Attorney Driscoll said it is the intention of Mr. Williams to cooperate with the Board of Selectmen, acting as the Board of Health, to resolve the problems.

Attorney Driscoll said he had read the four (4) complaint letters, plus a petition. All concerns were in regards to the plastic barrier on the ground under the units to prevent condensation from rising. He said he believes this is the correct way of doing this.

Attorney Driscoll said if the owners request that the barrier removed, Mr. Williams is willing to do this if he will be held harmless. He said Mr. Williams will not acknowledge that they shouldn’t be there.

Attorney Driscoll said a more important issue seems to be the grading in the park. Mr. Williams has retained William Senna, of Senna, Fitzgerald & Gilbert Associates (SFG) to address this issue. Mr. Senna was present.

Mr. Senna presented a letter to the Board that SFG has been asked to review and prepare a plan to eliminate pooling of surface waters in and around some of the mobile homes. A topographical survey will be started after the holidays, and a plan will be prepared to address the water drainage issues.

Mr. Senna said that a great deal of the water is draining from the mobile home units and yards located off Lyn Lane to the units in question located off Wesley Circle that are much lower in elevation. He suggested a berm or grassy swale be created between the sheds or on the rear of the property lines of these units. This would redirect the surface water into the road area. Some selected areas could also be bermed or swaled for more protection in more sensitive areas.

Mr. Senna said 92 Wesley Circle is getting a lot of water from Lyn Lane because of an asphalt sidewalk on the right of the unit. He said a berm would need to be added to redirect the water.

Chairman Perkins asked how long it would take to prepare a plan.

Mr. Senna said it would take about 30 days if dealing with the Board of Selectmen, but could take up to 90 days if other Boards were involved.

Selectman Rogers asked if ‘french drains’ had been considered.

Mr. Senna said that this could be done, but they would have to exit some place. He said you would need some leaching ability.

Mr. Senna said he is requesting to approach this in phases to see what takes care of what.

Selectman Rogers suggested that a plan be sent to the Planning Board, for their review.

Selectwoman Brunelle asked what could be done now as a temporary measure.

Mr. Senna explained that there are no alternatives, and the time line would depend on how frozen the ground is.

Chairman Perkins noted that some of the original complaints were in regards to water puddling under the units. He said the professional drawings had called for convex soil cover. He said he had observed the opposite. He asked if this would be part of the plan.

Mr. Senna said it would. He said he would prefer not to address this himself, but recommended a ventilation engineer examine this to give his opinion.

Mr. Healey said this needs to be coordinated. He said drainage under the units depends on convex mounding and/or venting of the skirts. This could be addressed by a ventilation engineer. He recommended that the Board instruct Mr. Williams to hire a ventilation engineer to coordinate directly with Mr. Senna, and to review each individual unit.

Mr. Healey asked if there are skirts on all units.

Mr. Senna said there are.

Mr. Healey asked if there was a mound under each unit.

Mr. Senna said not on all.

Attorney Driscoll said he agreed with Mr. Healey’s recommendation.

Residents expressed concerns with units other than on Wesley Circle.

Mr. Senna said that he has only looked at Wesley Circle.

Attorney Driscoll said the grading plan would deal with the entire park. He noted that the concentration has been on Wesley Circle because of the complaints.

Selectman Rogers asked what the quickest way would be to get this done. He suggested a plan be presented to the Board on January 26th. He said he would contact Ruth Geoffroy to explain where the Board was headed.

Mr. Healey said he has conversed with the Health Officer, Town Planner, and Building Commissioner. He said there is an existing violation of the Special Permit with the Planning Board regarding the buffer zone. Plans could require a further modification of the Special Permit issued by the Planning Board. He suggested going back to them once the Selectmen are satisfied with the drainage plan.

Mr. Healey said whatever plans are proposed would be submitted to the Planning Board for modification of the Permit. Ultimately, the Park would be built in a manner consistent with the Planning Board.

Attorney Driscoll said he understood the concerns of the Planning Board and the Building Commissioner. He said he was here tonight to develop plans relative to the Board of Health issues. If something was required under the Planning Board, he will address that with the Planning Board prior to meeting with the Selectmen.

Catharine Hassett, Assistant Health Officer, said she was here to hear that a plan is in progress. She noted that there are other problems with trash accumulation. She said she, and the residents, are satisfied with the time frame suggested by the Board tonight.

Selectwoman Brunelle asked if the trash issue has been resolved.

Ms. Hassett said it had not been resolved the last time she visited the site. She said there is trash, including metal debris and tires, on the site.

Attorney Driscoll said this issue will be addressed.

Roland Crowley, 92 Wesley Circle, said he hoped something would be done right now. He noted that his house is beginning to "ripple" where the water goes under. He asked if Mr. Williams would be held responsible for the damages.

Attorney Driscoll said Mr. Crowley’s house would be one of the first units corrected.

The hearing was continued to January 26th.


Request to Approve & Sign Septic Betterment Agreement – Streeton – 120 Miller Street

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

VOTED: To approve and sign a septic betterment agreement for property owned by Valerie Streeton, 120 Miller Street, for the amount of $12,435.00.

Unanimous Vote.


Discussion of Recyclable Pick-Ups

Updated information was provided to the Board from the Highway Superintendent.

The cost to pick-up recyclables on Saturday for the Holidays on recycle pick-up weeks only is as follows:

Two (2) recycle men – 8 hrs pay (O.T.) $413.76

The total for three (3) upcoming holidays (Martin Luther King Day, President’s Day, and Memorial Day) would be $1,241.28.

Chairman Perkins asked if there was money within the Highway Department budget to cover this cost.

Mr. Healey said there was.

Selectwoman Brunelle noted that, at the time the pick-up was done away with, it was to also free up time for personnel to fill the workload, not just the monetary savings.

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

VOTED: To return to Saturday recyclable pick-ups on Saturdays for the holidays on recycle pick-up weeks.

Unanimous Vote.

Selectwoman Brunelle noted that there needs to be a consistent schedule.

Chairman Perkins suggested that residents be given reminder schedules.

Mr. Healey said he would get a new notice out.


Mass. Fish and Wildlife Option Agreement

Mr. Healey provided the Board with a letter from Joan Pierce and an Option Agreement for the Board to review.

Mr. Healey explained that the agreement is in regards to two (2) parcels (Map 74 Lots 3897 and 4644) in the Rocky Gutter Wildlife Management Area. The purchase price is $8,000.

Mr. Healey said approval has been previously voted at Town Meeting and by the Board to sell the parcels to the Division of Fisheries & Wildlife.

Mr. Healey also noted that the Division of Fisheries & Wildlife had conducted a Title Search and found they owned a piece of property thought to be owned by the Town. (Map 081 Lot 1014).

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

VOTED: To approve and sign the Option Agreement with the Division of Fisheries & Wildlife to purchase two (2) parcels (Map 74 Lots 3897 and 4644) in the Rocky Gutter Wildlife Management Area, for $8,000.

Unanimous Vote.

Washburn Mill Update

Mr. Healey said he had visited the Landfill and had been informed by Mr. Pelletier that last week 190 tons of demolition material had been brought to the landfill from the main mill building. At $65/ton the cost would have been $12,350.

Nativity Scene Article, Boston Globe 12-25-03

Mr. Healey provided the Board with an article that appeared in the Boston Globe on Christmas day regarding the nativity scene on the Town Hall lawn.

Mr. Healey noted that other decorations, including the Santa House, weren’t put out because of the snowstorm. He suggested that additional donated decorations could be used.

Selectman Eayrs said he felt strongly that, unless the display was expanded, it should not be put back up. He said it violates the Supreme Court’s decision. He said the Town "doesn’t have money to put into defending lawsuits".

Selectman Eayrs also told Mr. Healey his comments in the article regarding ‘Christianity’ were out of line.

Selectman Eayrs said, if the Town owns the crèche, then the Town needs to own other elements. He said he was not advocating to "do away" with the crèche. He offered to created a design for a display.

Mr. Healey thanked Selectman Eayrs for volunteering to develop a design, but said the problem will be financing.

Selectman Eayrs suggested, if there is a plan, one (1) item could be added each year.

Motion was made by Selectwoman Brunelle and seconded by Chairman Perkins to authorize Selectman Eayrs to go forward with developing a plan.

Selectman Rogers questioned why this issue was being brought up. He said there is no correspondence raising this question, and nothing had been presented to the Board. He said he thought this had been addressed a couple of years ago, and said he hadn’t heard a complaint.

Selectwoman Brunelle disagreed, saying it was a legitimate issue.

Mr. Healey questioned how much of a secular display is enough. He asked what constituted the overall holiday display. Did it include the downtown wreaths, and the "Seasons Greetings" banner?

Vote was unanimous to allow Selectman Eayrs to proceed.


Email from IT Director – RE: I-Net at Central Fire Station

Chairman Perkins asked if Mr. Healey had any further information regarding the cutting of the I-Net fiber line at the new Fire Station.

Mr. Healey said Mr. Brunelle is on vacation, and he had no further information.

Chairman Perkins suggested the Board needed to "get to the bottom of this" to charge someone to repair it.

Wareham Street Drainage Improvement Project Amendment

The Board was asked to approve and sign an Amendment to the Wareham Street Drainage Project for work that has already been done.

Chairman Perkins read the following: "Please find attached three original copies of signed amendments to the contract for the Wareham Street Improvement Project. Please use these for final execution. Please return on copy to WSE.

This amendment relates to work conducted involving the contamination discovered in the DPW yard. The value of this amendment is $10,248.61; this amount is within the allowable budget of the MHD Enhancement Grant."

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

VOTED: To approve and sign the Amendment to the Wareham Street Drainage Project.

Unanimous Vote.


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

VOTED: To pay two (2) bills to the Middleborough Gas & Electric Department in the amounts of $5.35 and $8.19, totaling $13.54.

Unanimous Vote.

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

VOTED: To pay two (2) bills to Verizon in the amounts of $23.41 and $23.29, totaling $46.80.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Watch 24 Security Systems in the amount of $65.00.

Unanimous Vote.


Town Manager’s Mid-Year Review

Chairman Perkins explained that, after reviewing the process for the Town Manager’s Evaluation, it was discovered that a set of Tasks & Objectives were to be drafted in June for review in December. This was not done. Also, the Town Manager is to be evaluated the last week in February.

Selectman Eayrs asked who is responsible for developing the goals and objectives.

Mr. Healey said it is done jointly with himself and the Selectmen.

Selectman Eayrs said he was disappointed that something had not been brought to the Board earlier.

Mr. Healey said that he had brought this to the Board’s attention many times.

Selectman Eayrs told Mr. Healey that, as a full-time employee, it is his responsibility to develop draft goals and objectives for the Board’s review. He said the process starts with Mr. Healey. He said he refused to accept that the Board had made a mistake.

Mr. Healey said he would be glad to do that, but asked that the procedure and criteria outlined in his Agreement be amended.

Mr. Healey noted that he regularly reflects things of concerns that need to be addressed on a regular basis. He said he does an annual report in January that discusses what was accomplished in the previous year, and what needs to be addressed in the upcoming year. He said he could easily come up with a list of tasks and objectives which could be added to by the Board and jointly agreed to.

Selectwoman Brunelle said that, when the Contract was instituted, Mr. Healey had provided goals and objectives. She said the Board "didn’t like that" because "we wanted to establish goals and objectives". She said the Board was lax in not developing the goals and objectives in June, and said it was part of their responsibility.

Chairman Perkins asked that the Board could compile a list within the next couple of weeks. These will be discussed at the January 12th meeting.


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

VOTED: To authorize Town Counsel to go forward in regards to correspondence sent to the Board dated December 17, 2003.

Unanimous Vote.



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

VOTED: To adjourn at 8:35 PM.

Unanimous Vote.


Diane Henault, Secretary