SELECTMEN’S MEETING

DECEMBER 8, 2003

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

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of December 1, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of December 1, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request to Transfer Liquor License – Heneine Corp. – 758 Center Street

Chairman Perkins read the following: "A hearing will be held by the Board of Selectmen on Monday, December 8, 2003, at 7:05 PM, in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA, to discuss the request to transfer a Wine and Malt Retail Package Store License in the name of Gregory Buchanan d/b/a Clark’s Convenient Store, at 758 Center Street, Assessors Map 50M Lot 4915, Middleborough, MA to Heneine Corp. d/b/a The Convenience Center. Anyone desiring to be heard on this matter should appear at the time and place designated." Chairman Perkins opened the hearing.

Tony Heneine, the proposed manager, was present.

Chairman Perkins noted that there are no outstanding taxes due on the property. Correspondence from the Police Chief also indicated no reason for Mr. Heneine to be denied.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request to transfer a Wine and Malt Retail Package Store License in the name of Gregory Buchanan d/b/a Clark’s Convenient Store, at 758 Center Street, Assessors Map 50M Lot 4915, Middleborough, MA to Heneine Corp. d/b/a The Convenience Center.

Unanimous Vote.

Meeting with Jim Coffin – Middleborough/Lakeville Herring Fishery Commission – RE: Lottery

Jim Coffin, Chairman of the Middleborough/Lakeville Herring Fishery Commission, met with the Board.

He explained that a "lottery" system will be put in place for out-of-town herring permits.

The "drawing" will be held on February 10, 2004 in the Auditorium of the Town Hall.

Chairman Perkins asked if this would be publicized.

Mr. Coffin said that copies of the notice have been sent to 12 or 13 newspapers throughout the State. Copies of the notice were also handed out last year.

Chairman Perkins clarified that there will be no impact to residents.

Mr. Coffin said there would not.

The procedure will be for one submittal per person with a self addressed, stamped #10 envelope. The name and address on the envelope shall match the ID and will be the name on the permit.

Mr. Coffin explained that the individual will bring his ID to the Town Clerk’s Office when picking up his permit.

Selectman Eayrs noted that 300 out-of-town permits were sold last year. He asked if this was a self-imposed limit.

Mr. Coffin said the Commission has exceeded the State required amount. He explained that exceeding that number depends on the Staff, and their ability to monitor the herring runs.

Hearing – Housing Code Violations – 12 East Main Street

This hearing was scheduled at the request of the homeowner, Caroline Madden.

Ms. Madden was not present.

Mr. Healey noted that Ms. Madden had been notified, certified mail.

Catherine Hassett, the Assistant Health Officer was present. She said she had spoken to Ms. Madden regarding violations at 12 East Main Street. Ms. Madden had said that she wanted to wait to take care of the violations because the current tenants were being evicted. She then requested the hearing with the Board of Health.

Chairman Perkins asked what the re-inspection process would be.

Ms. Hassett said she would reissue the violation letter, giving another time frame.

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

VOTED: To notify Caroline Madden that the hearing was not conducted because of her failure to appear.

Unanimous Vote.

Meeting with Joseph O’Brien – May Institute – RE: Trailer at Morgan Property

Joseph O’Brien, Senior Director of Development for the May Institute, met with the Board to discuss the trailer on the Morgan property. Jim Millens, V.P. of Facilities, was also present.

Mr. O’Brien explained that he had visited the Morgan property with the Conservation Agent. He said the Institute is interested in doing something with the trailer.

Chairman Perkins asked if he had a proposal.

Mr. O’Brien explained that he hadn’t contacted the Department of Mental Retardation, who is the facilitator for the May Institute. He said the Institute is amenable to paying the cost to transport the building to another location.

Mr. O’Brien said that the Town would get four (4) 40B credits. He said a rider could be drafted with the Deed so that it would always remain affordable property. He said a location has not been found to move the trailer to.

Mr. O’Brien said initial requests have been made to the DMR, but said that it would be premature to commit without knowing where the residence would be.

Selectman Eayrs said the Board realizes that a location has to be found, but wanted to know if the May Institute was interested in the trailer.

Mr. O’Brien said the answer was yes.

Selectman Eayrs asked for a time frame.

Mr. O’Brien said he is actively pursuing the DMR.

Selectman Eayrs suggested holding the trailer for six (6) months.

Mr. O’Brien was confident that a response could be made before a 6-month period.

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

VOTED: To commit the trailer at the Morgan property to the May Institute for a period of six (6) months to allow a location to be found, and necessary permits to be obtained.

Unanimous Vote.

Mr. Healey noted that Mr. O’Brien had expressed a willingness to negotiate some possible payment for the trailer, and perhaps the site.

Mr. O’Brien said that officials from the DMR need to be involved to decide what structural changes may have to take place, and determine the actual cost of splitting it and moving it. He said the Institute would be open to working with the Town, and would consider negotiating something of value.

Chairman Perkins asked Mr. O’Brien to maintain frequent dialogue with the Town Manager, who would report back to the Board at least monthly.

NEW BUSINESS

Request to Fund Projects under Water Improvement Program – Water Superintendent

Richard Tinkham, Water Superintendent, was present. He is requesting two (2) additional projects be added to the $10 million improvement project that was approved by Town Meeting.

The first would be coke filter piping replacement, at a cost of $26,000. The second would be sand media replacement in the three (3) slow sand filters at the East Grove Street Water Treatment Plant. This would cost $220,000.

Mr. Tinkham explained that this is the ideal time to do these projects, because the low demand would allow the plant to be taken out of service.

Chairman Perkins asked if these were estimated costs, or had they been bid.

Mr. Healey said the bids are pending. He said the cost of the sand replacement was high because it would have to be done in increments.

Selectman Rogers asked what these projects needed to be done "all of a sudden". He said these projects were not part of the $10 million project.

Mr. Tinkham said the coke filter piping had been considered under well rehabilitation. The estimate had been $25,000.

Selectman Rogers said he did not recall either project being part of the specific list of projects.

Mr. Tinkham said the sand replacement project was not part of it.

Selectman Rogers asked how it could be included if it had not been voted at Town Meeting. He said he did not doubt that it was a worthy project, but had not been approved by Town Meeting as part of the $10 million improvement project.

Discussion ensued on whether or not the projects were included.

Selectwoman Brunelle noted that Mr. Tinkham’s letter indicates that there is $1,360,396.26 not encumbered under the $10 million. She asked how much had been set aside for contingency planning.

Mr. Tinkham said there was a contingency amount in each spending category.

Selectwoman Brunelle asked what the impact would be on shutting down that well for the time it takes to do the project if it had to go back to Town Meeting.

Mr. Tinkham said it could still be done, but suggested it be done before June.

Selectman Eayrs asked what the consequence would be in waiting one year to do the sand media replacement.

Mr. Tinkham said it would continue to function, but would slow down the filtration process considerably.

Selectman Wiksten asked how the replacement differed from the sand cleaning that is regularly done by the Water Department.

Mr. Tinkham said the cleaning involves skimming. The replacement process would require all said to be completely removed.

Mr. Healey said the system could be damaged if done manually.

Selectwoman Brunelle said, if the project could be done within the parameters of what was approved, it should be done.

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

VOTED: To continue the discussion for one (1) week to determine if it fits in the Capital Program that was previously approved at Town Meeting.

Unanimous Vote.

Request to Approve Underground License Change for 150 South Main Street – Fire Chief

The Board received correspondence from the Fire Chief in regards to an Underground License Change for 150 South Main Street.

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

VOTED: To approve the application for a change of ownership for 150 South Main Street, from Conoco Phillips Company of Phoenix, AZ to Cumberland Farms Inc. of Canton, MA.

Unanimous Vote.

Request to Use Town Hall Auditorium – EPIC/PTA

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

VOTED: To allow EPIC/PTA to use the Town Hall Auditorium on Friday, December12th and Thursday, June 3rd, subject to receipt of a signed Hold Harmless Agreement.

Unanimous Vote.

TOWN MANAGER’S REPORT

Robert Whalen will take over as Building Commissioner on January 1st.

Selectman Wiksten asked if the Building Department was back up and running on a full weekly schedule. He noted that the Building Commissioner had said no changes in structure would be needed within the department. Within a week of that, the office was closing one day per week. He said he hoped, in the future, the Board would be notified of this when it happens.

Mr. Healey apologized for not notifying the Board. He said a commitment has been made not to fill Mr. Whalen’s position for 1 ½ years.

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

VOTED: To send letters to Ms. Amaral and Mr. Gedraitis, wishing them well on their retirement.

Unanimous Vote.

Selectman Rogers asked what was happening with the Gas & Electric Department employees who wanted early retirement.

Mr. Healey said the Board did not take action on those requests before the December 2nd deadline.

Jane Lopes asked why the Building Department was closing one day per week.

Mr. Healey explained it was being closed to allow the Clerks to catch up on a backlog of building permit applications. When the Administrative Assistant retired, her position could not be filled for several weeks until she was officially "off the books".

VOTED: To allow the Town Manager to carry-over nine(9) vacation days into the next calendar year.

Unanimous Vote.

Mr. Healey told the Board that he has scheduled a meeting with Department Heads to discuss preparing a "Critical Needs" budget.

Selectman Eayrs said the Board should begin weekly discussion of the FY05 budget. He noted that the Town Manager had previously prepared revenue ideas.. He suggested looking at these again.

Chairman Perkins suggested Mr. Healey provide the Board with a weekly update within in report.

Selectman Wiksten agreed that the Board should begin looking at this. He noted a letter from David Cavanaugh with suggestions for the School Department. He said the same could apply to all positions. He asked if the Town was "top heavy" in management. He said he did not want to impact services.

Selectman Wiksten suggested going through budgets line item through line item after the holidays.

Selectwoman Brunelle said the Board needs preliminary figures from the Town Clerk & Accountant. She said projections could be based on level funding from the State.

SELECTMEN’S BILLS

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

VOTED: To pay the bills submitted by Hathaway Publishing totaling $527.02.

Unanimous Vote.

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

VOTED: To pay the bills submitted by the Middleborough Gas & Electric Department in the amounts of $55.26, $154.20 & $61.04, totaling $270.53.

Unanimous Vote.

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

VOTED: To pay the bill submitted by W. B. Mason in the amount of 62.63.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Consultants to Management, Inc., in the amounts of $800.00 and $1280.00, totaling $2080.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Thevenin O’Grady & Co., LLP in the amount of $11,500.00.

Unanimous Vote.

OTHER

Selectman Wiksten asked for an update regarding microphones for the meeting.

Mr. Healey said he had intended to talk to Roger Brunelle, but "weather interceded". He said he would talk to Mr. Brunelle and provide an update in his report on Thursday.

CORRESPONDENCE

VOTED: To send a copy of the Non-Union Bargaining Agreement to the Town of Carver.

Unanimous Vote.

VOTED: To send a letter of support to the School Committee and the Gas & Electric Department in regards to requests made in connection with the Homeland Security Grant.

Unanimous Vote.

 

 

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

VOTED: To adjourn at 8:30 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN