SELECTMEN’S MEETING

DECEMBER 13, 2004

 

 

Chairman Perkins called the meeting to order at 7:03 PM.

 

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

Selectman Andrews entered the meeting at 7:26 PM, and left at 7:39 PM.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of December 6, 2004.

            Unanimous Vote.

 

Selectman Bond said he wished to discuss a correction to the Executive Minutes when the Board entered Executive Session.

 

HEARINGS, MEETINGS & LICENCES

 

Vote on Host Agreement – New England Organics

 

Chairman Perkins told those present that a public hearing has already been held, and he would not listen to the “merits” of the project tonight.  Any discussion would be limited to the Host Agreement.

 

Selectman Bond told the Board that this item had been continued from two (2) weeks ago to allow comments to the draft agreement.  He described changes made to the Agreement, including that the Board’s signature is not an endorsement, the truck route was established, and better phrasing regarding the tipping rate.  Minor typographical errors were also made.

 

Selectman Bond said the changes came from public and board comments.  An attempt was made to address as many issues as possible.  He said the present contract is “better than it was 2 weeks ago”.  He said the Agreement makes the deal more secure and economically beneficial.

 

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

            VOTED:  To sign the Host Agreement as written.

            VOTE 4 – 1 (Selectman Wiksten opposed)

 

Selectman Andrews asked about the company obligations for odor control.

 

Selectman Bond read the terms of the Agreement, which includes “The Facility will be designed such that it will not cause nuisance odors off the Site”.

 

Selectman Bond also explained that the Facility has to hit the base operating rate before it starts paying the Town.  He said they will have contracted out at that capacity before it opens.

 

Chairman Perkins asked that all abutters and interested parties be notified, by certified mail, of any hearings with governmental agencies.

 

Selectman Andrews said the permitting process will be “exhaustive”, and asked concerned residents to stay part of the process.

 

Selectman Bond credited New England Organics for taking the time to try to provide an education process.

 

Ron Burgess asked if the Board was signing the Agreement as the ‘Board of Selectmen’ or the “Board of Health’.  He said he had concerns with health issues and the potential occurrence of an accident on Rte. 495.

 

Chairman Perkins said the Agreement would be signed by the ‘Board of Selectmen’.

 

Chairman Perkins asked any interested parties to ‘sign up’ to be on the notification list.  A copy of this list will be provided to the Town, and appropriate Boards and Departments involved with the project.

 

Ruth Geoffroy asked if notification would include the project going through the subdivision process.

 

Chairman Perkins said notification should be given for anything to do with it.

 

Chairman Perkins noted that hearings will be published in the newspaper.

 

Thomas Lynch asked what would happen if, after the process, the stench becomes unbearable.

 

Chairman Perkins said there will be a complaint process put into effect.  Any complaints will be immediately addressed.

 

Neil Rosenthal said that, just because there is a complaint procedure, doesn’t mean there will be problems.  He noted that the company has said there will not be odor problems.

 

NEW BUSINESS

 

Renewal of 2005 Annual Liquor Licenses

 

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

VOTED:  If allowed, to incorporate both Sunday and Weekday License Fees into one.

            Unanimous Vote.

 

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

            VOTED:  To renew the following Liquor Licenses for 2005:

R.P.'s Stage Stop, Inc.

Fireside Grille

Fisher's Chicken House

Lisa's USA Pizza

Lorenzo's Italian Restaurant

Royal Café

The Central Café

The Hideaway Restaurant

China Buffet

Courtyard Restaurant

The Cabin, Inc.

Chianti's Italian Grille

Dave's Diner

Apazidis Family Restaurant

Middleborough Circle Liquors

Deep, Inc. d/b/a Kurt's Corner

Savas Liquors

Seven Star Liquors

The Bottle Shop

Cirelli Foods

TJ's Convenience

Bourne Food Mart

Capeway Convenience Store, Inc.

The Convenience Center

Village Market

Christopher Building Association

Wankinquoah Rod & Gun Club

Middleborough Lodge of Elks

Mitchell Memorial Club

VFW

            Unanimous Vote.

 

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

            VOTED:  Not to issue licenses to the following establishments for 2005:

                        Hell’s Blazes

                        Papa Gino’s

                        Sheldon’s Café

            Unanimous Vote.

 

These establishments did not sign renewal applications for 2005.

 

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

VOTED:  Not to release the following licenses unless approved by the Health Department:

                        VFW

                        TJ’s Convenience

                        Royal Café

            Unanimous Vote.

 

The Board discussed correspondence from the Police Chief in regards to recent narcotics activity at the Hideaway.

 

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

VOTED:  To hold a public hearing on January 3, 2005 in regards to allegations in reference to the Liquor License for the Hideaway Restaurant.

            Unanimous Vote.

 

Request to Approve 2:00 AM Licenses for New Year’s Eve

 

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

VOTED:  To extend the Liquor License hours for New Year’s Eve until 2:00 AM for those establishments requesting it.

            Unanimous Vote.

 

Vote Regarding December 27th Meeting

 

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

            VOTED:  To cancel the December 27th Meeting.

            Unanimous Vote.

 

Request for One Day Liquor License – Lorenzo’s Italian Restaurant

 

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

VOTED:  To issue a One Day Liquor License to Lorenzo’s Italian Restaurant to cater a function at the Plymouth Savings Bank, 151 Campanelli Drive, on Tuesday, December 14th from 5PM to 7PM.

            Unanimous Vote.

 

Request for Common Victualer License – Coffee Zone

 

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

VOTED:  To issue a Common Victualer License to the Coffee Zone, 57 Centre Street.

            Unanimous Vote.

 

 

 

 

 

Request for Street Name Change – E911 Database Coordinator

 

The Board received a request from Sylvia Hufnagel, E911 Database Coordinator, to rename ‘Frontage Road’ as Clay Street.  She explained that four (4) lots on Frontage Road have been sold and are about to be developed.  After speaking to the Town Planner, she learned that ‘Frontage Road’ was named by Mass Highway Department for a utility road.  The road is an extension of Clay Street.  Two (2) existing homes are already numbered as Clay Street.

 

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

            VOTED:  To allow the change of “Frontage Road’ to Clay Street.

            Unanimous Vote.

 

Joe Freitas said he hoped residents were notified to change addresses.

 

Mr. Healey pointed out that no residents would be affected.

 

Request to Carry-over Vacation Days – Town Accountant

 

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

VOTED:  To allow the Town Accountant to carry-over eight (8) vacation days to the next calendar year.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Update on Landfill

 

Mr. Healey updated the Board on the Landfill:

 

·        Beginning on Saturday, December 11, 2004, all residential waste brought to the Landfill will be placed in roll-offs and hauled to the Waste Management site in Raynham.

 

·        No Wastewater Treatment Plant sludge will be disposed of at the landfill effective today.  We have made arrangements for the liquid sludge to be hauled to another facility for disposal.

 

·        Road kill and other animals will be taken to Angel View Pet Cemetery for burial.  A $1,000 Reserve Fund Transfer request will be given to the Finance Committee for action at their next meeting.

 

·        The Finance Committee approved an initial $25,000 to the Highway Department Rubbish Removal Budget and $1 to a new line item for Sludge Disposal in the Wastewater Budget as we requested.

 

·        A contractor will be grading the existing landfill cell and placing a soil cap on the surface to trap gases below the surface and direct them to the flares.  This work will begin this weekend and the initial cap should be completed by the end of next week or early the week of the 20th at the latest.  He said the Town is committed to complete the work needed to eliminate any odors before the 24th.

 

The D.E.P. and the residents that live in close proximity to the Landfill were notified by hand-delivered letters.

 

Selectwoman Brunelle noted that Mr. Healey was going to ask for $50,000 from the FinCom.

 

Mr. Healey said he did, but the FinCom approved $25,000 for now.  Additional monies will have to be requested, or go to a scheduled Special Town Meeting.

 

Mr. Healey also informed the Board that he had received a Demand Notice from D.E.P. that will require the Town to pay the $12,000 Civil Administrative Penalty that was previously suspended in an earlier notice of violation of the Administrative Consent Order (A.C.O.) between the Town and D.E.P.  This penalty is being imposed due to the Town’s failure to ensure that adequate cover was applied to prevent nuisance odor conditions from occurring and because alternative cover was found to be stockpiled outside the footprint of the Landfill on 11/24/04.

 

Christmas Decorations

 

Mr. Healey updated the Board on the decorations being placed on the front lawn of the Town Hall.  He thanked those individuals involved.

 

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

VOTED:  To send letters of thanks to all individuals who contributed to the decorations.

            Unanimous Vote.

 

School Budget Meeting

 

Mr. Healey told the Board that he had attended the School Committee Budget Meeting on Thursday night.  He said they are projecting a $1.7 to $2.1 million dollar increase for the new year.

 

Selectwoman Brunelle asked if there was any update from the State on the Net School Spending Requirement.

 

Mr. Healey said it would probably be after the first of the year.

 

Selectman Bond asked if money voted for the School Department at Town Meetings is returned if not spent.

 

Mr. Healey said there is no mechanism to allow this.

 

Mr. Healey explained that the Net School Spending Figure is set by the State based on the Chapter 70 contribution of the State, and the local contribution.  If the State doesn’t provide additional monies as the figure increases, it falls entirely on the local community.

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay the bill submitted by Hobbs & Warren in the amount of $55.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $12,176.44.

            Unanimous Vote.

 

OTHER

 

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

VOTED:  To declare the third week in March as the ‘Middleborough Rotary Auction Weekend’.

            Unanimous Vote.

 

CORRESPONDENCE

 

ü      Mr. Healey will follow up on an Executive Office of Transportation’s Public Works Economic Development grant program.

 

ü      The Board received correspondence regarding the Protocol for Water System Shut-Down from the Fire Chief.  She will check with the Police Chief for his response.

 

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

VOTED:  To designate Selectman Wiksten as the voting member for the MMA.

Unanimous Vote.

 

ü      Upon motion by Selectman Bond and seconded by Selectman Wiksten, the Board

VOTED:  To change the meeting date with the IT Director to January 24th as requested.

VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

 

Jane Lopes asked if the opinion from Town Counsel had been given in regards to meeting in Executive Session for negotiations with National Development.

 

Chairman Perkins said he would follow up.

 

 

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

VOTED:  To enter into Executive Session at 8:27 PM, to return to Open Session, to discuss Litigation and Union Contracts.

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

            VOTE 4 – 0

 

 

-----RETURN TO OPEN SESSION-----

 

 

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

            VOTED:  To approve the Executive Minutes of December 13, 2004.

            Unanimous Vote.

 

 

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

            VOTED:  To adjourn at 9:35 PM.

            Unanimous Vote.

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN