SELECTMEN’S MEETING

FEBRUARY 11, 2002

 

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

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

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of January 10, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of January 10, 2002.

Unanimous Vote.

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

VOTED: To approve the Minutes of February 4, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing (cont.) – Request for Earth Removal Permit – Pike – Short Street

This was a continued hearing. Chairman Perkins read the original hearing notice: "A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, November 26, 2001, at 7:05 PM, for the purpose of discussing an application filed by Sam Pike, Jr. for an Earth Removal Permit for property owned located on Short Street, Middleborough, MA, Assessors Map 043 Lot 6485. The reason for this request is to improve the water supply by enlarging an existing man made pond. Anyone desiring to be heard on this matter should appear at the time and place designated."

Sam White was present. He told the Board that the plan had been changed to reflect the list that the Board had requested.

Selectman Wiksten asked about the buffer zone with the Holt's.

The engineer told the Board that there is a proposed 18’ access road and slope before the start of the bank of the pond. This would equal about 22’.

The Board noted that there is a property line dispute with Zahid Duran. There were also concerns from the Carey’s.

Josh Carey, 24 Short Street, was present. He had concerns regarding the other side of the property. He said that there is no buffer zones there, and shallow wells. He said that Mr. Pike has not "lived up to anything set up by the Board". Selectman Rogers said he understood that work was done on the property in an "emergency situation". Mr. Carey said this was not true.

Selectman Rogers thanked Mr. Pike for the amended plans.

Mr. Holt’s was also present. He reviewed the proposed plans. He said he would like to see the present project completed properly. There is not a hole that exists. 50’ buffer zones do not exist. His biggest concern is erosion to his property. He noted that a chainlink fence was erected, but drifts onto his property line. He would like this taken care of. He also questioned the buffer zone, which is about 4 – 5 feet from his property. He said an access road on there now will be on his property. Mr. Pike noted that the pond is being dug away from Mr. Holt’s property.

Selectman Wiksten said that the elevations on the plan "weren’t quite right". He noted the existing reservoir which is right off the property line. He noted that there is a proposal to do filling there. He suggested more fill will be necessary to complete the entire property line. He said he wanted to see more than 5’ of a buffer zone.

Mr. Pike questioned the Board as to whether or not there is a bylaw requiring a buffer zone. Selectman Wiksten said that it was within the Board’s rights to set a buffer zone.

Mr. Pike asked the Board if they would accept his request if he comes to an agreement with Mr. Holt’s. Selectman Wiksten said it would "come a long way" with the Board.

Mr. Carey asked about taking direct off the buffer zone and dumping it in the existing hole. Selectman Wiksten noted that the Board cannot require something on the other side of the road. The permit does not address this.

Selectman Wiksten asked if Mr. Pike intended to do the work himself or hire a contractor. Mr. Pike said he would do it himself. Selectman Wiksten asked if three (3) years was realistic.

Selectman Wiksten said he would like to see the property line dispute resolved. He said he would not stand in the way if the abutter is satisfied.

Selectwoman Brunelle suggested that work to fix the current project should be completed before proceeding. She suggested a progressive permit. The engineer said this would not be a problem. Selectman Wiksten noted that the Board traditionally tries to do things in phases. Selectwoman Brunelle said she would like the buffer zone addressed first.

Mrs. Carey noted that when the previous project was started she had been told there would be a fence all the way around it.

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

VOTED: To continue the hearing for an Earth Permit for Sam Pike for property located on Short Street to February 25, 2002.

Unanimous Vote.

Hearing (cont.) – Request for Conduit – Verizon – Nemasket Street

The Board received a letter from Verizon asking that this hearing be continued.

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

VOTED: To continue the hearing for a request made by Verizon for conduit on Nemasket Street until they contact the Board to proceed.

Unanimous Vote.

Meeting with P.A.S.E.C. – RE: Ambulance Study Report

Selectman Rogers thanked the members of P.A.S.E.C., which included: Robert Silva, Fire Chief; Patricia Kayajan, At Large; Chris Blach, At Large AMR; James Farrah, Fire Department; John Healey, Town Manager; Michael Stagliola, Finance Committee; and Patrick Rogers, Selectman.

Selectman Rogers told the Board that the Committee had looked at what an ambulance service does, and prepared a report looking at existing costs, basic license requirements, proposed ambulance operational scheme, staffing alternatives, State regulation changes, training requirements, insurance coverage’s, billing issues, capital costs and time lines, and a final recommendation.

Selectman Rogers noted that residents can contact the Selectmen’s Office if they wish to have a copy of the Report.

Selectman Rogers reviewed the Report with the Board. The following recommendations were made:

General Recommendations

1. Since a basic license is required for one year, prior to a Advanced Life Support license submittal to the Commonwealth of Massachusetts - Department of Public Health - Office of Emergency Medical Services, the Town of Middleborough Board of Selectmen should authorize the Fire Chief to submit a license application for basic life support provided monies are available as approvable through the Finance Committee as reserve funds or through annual or special town meeting.

($ 4,800.00).

2. That this report be provided to the Town's fiscal officers to determine the accuracy of costs to the Town of Middleborough, should any of the optional schemes be implemented for ambulance service, along with providing advice as to the types of municipal accounts that would be necessary to be established.

3. That the Emergency Service Committee be asked to meet with American Medical Response in regards to the upcoming contract and potential reductions or additions to the existing $ 220,000 annual fee that the Town of Middleborough is presently assessed and provide this information to the Board of Selectmen.

4. That the Fire Chief provide in writing to existing fire department personnel an explanation of the present plans being considered for a town run ambulance service and determine whom may be interested in participating in EMT - Paramedic training.

5. That the proposed training program be developed, in writing for submittal to the Board of Selectmen and Finance Committee for review and that the Town of Middleborough consider implementation of a training program for firefighters to become paramedics starting in July, 2002. (Fiscal Year 03).

6. That the Fire Chief establish a policy of hiring paramedics as firefighters when new hires are added to the Fire Department work force.

7. That the Board of Selectmen review as a policy decision that outlying fire stations be manned with a minimum of two (2) firefighters.

8. That the opportunity to assess additional charges for Fire Department services be explored and a recommendation made by the Fire Chief to the Board of Selectmen by February 15, 2002.

9. That Option 1 - Scheme 1 or 2 be explored as viable methods to establish a town run ambulance service.

10. That a deadline for a decision be established by the Board of Selectmen, for continuing with AMR as a service provider or for the establishment of a town run ambulance service.

Selectwoman Brunelle asked if the entire committee had seen the report and voted to submit it. Selectman Rogers said they had. Chairman Perkins noted that Ms. Kayajan had concerns. Selectman Rogers said the Committee had met with Ms. Kayajan before she left for Florida, and had incorporated her comments.

Selectwoman Brunelle asked if there was any allocation for payment for injuries under 111F. Selectman Rogers said a line item was not put in, but it was mentioned in the report. He explained that it would be difficult to assign a number to this.

Selectwoman Brunelle asked Mr. Blach for his experience as a private contractor, and the level of workers comp injuries. Mr. Blach said he did not have this statistic. Selectwoman Brunelle asked if he would put together an estimate over the last 5 years.

Chief Silva noted that firefighters have been responding to calls now, in a joint effort with the ambulance service.

Selectman Eayrs asked where additional ambulances would come from if necessary. Chief Silva said it would be done through mutual aid.

Neil Rosenthal had concerns with the adequacy of manning the ambulance with one (1) paramedic and one (1) EMT, instead of two (2) paramedics. Selectman Wiksten said that normal staffing right now is one (1) paramedic and one (1) intermediate.

Selectman Rogers said he understood that intermediates are being phased out. Mr. Blach said that because there is such an availability of paramedic classes, the EMTs are moving straight to this.

Chief Silva noted that the basic level is catching up to the skills of the intermediate. He has made a recommendation to hire eight (8) paramedics. If there was a fire call, they would respond to that, also.

Chairman Perkins noted that AMR had sent the Town Manager a letter on January 28, 2002 saying that their intent was to work in partnership at the same current service fee that we pay now. With the budget crunch, Chairman Perkins said he was not sure the Town could afford to take a chance that the numbers for the Town ambulance service would be correct. The Board suggested sending a copy of the Report to the financial officer.

Chief Silva asked that the Board at least consider Recommendation #1. By doing this, they would be in line for the future. The cost is $4,800. Selectman Rogers supported this.

Chairman Perkins said that he was not ready to support Recommendation #1 tonight. He would like to have the financial officers look at the proposal. Selectwoman Brunelle said she did not disagree. If the Town chooses to stay with AMR for five (5) years, it would not make sense to spend the $4,800 tonight.

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

VOTED: To forward the Ambulance Study Report to the financial officers for financial input; Request the Fire Chief to provide further detailed information on staffing with eight (8) personnel; and authorize the Town Manager, and/or the previous standing EMS Committee, to look into negotiating a new five (5) year contract with AMR.

VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

Chairman Perkins thanked everyone who contributed to the Report.

 

Hearing – Request for All Alcoholic Liquor License – Tina & Sophia’s, Inc. - 58 East Grove Street

Chairman Perkins read the following: "A hearing will be held by the Board of Selectmen on Monday, February 11, 2002, 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 Tina & Sophia’s, Inc., d/b/a Riverside, for an Annual All Alcoholic Restaurant License. The property is located at 58 East Grove Street, Middleboro, MA Assessors Map 065 Lot 288. Anyone desiring to be heard on this matter should appear at the time and place designated." Chairman Perkins opened the hearing.

Attorney Nicholas Ambeliotis was present to represent the applicant. He told the Board that they also want to pledge the license. The green cards were returned.

Attorney Ambeliotis presented the application and told the Board that the proposed manager is Theodoros Doudakis. Mr. Doudakis has been involved in the restaurant business for many years. He recently sold an establishment in Shrewsbury and would like to open something in this area.

Selectwoman Brunelle asked if the applicant owns the property. Attorney Ambeliotis told the Board that there is a P&S Agreement for the property. They are waiting for financing, and expect to close by the end of March.

Selectman Eayrs noted that there is a considerable amount of taxes due on the property: $12,816.60 for FY ’01 and $19,348.16 for FY 02. Attorney Ambeliotis said this would have to be taken care of for the real estate transaction to be completed.

Discussion ensued on DEP requirements that have not been complied with. Attorney Ambeliotis said this would also have to be addressed before the purchase of the property.

Selectwoman Brunelle suggested the Board give condition approval because of the concerns of the taxes and environmental issues.

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 application of Tina & Sophia’s, Inc. d/b/a Riverside, for an Annual All Alcoholic Restaurant License, and pledge of the license, for property is located at 58 East Grove Street, conditional on the successful closing of the real estate transaction, addressing environmental and outstanding tax issues, and if not completed, the application be withdrawn.

Unanimous Vote.

 

NEW BUSINESS

There was no ‘New Business’ discussed tonight.

OLD BUSINESS

Request for Release of Bond – Wood’s Pond Cranberry

Selectman Wiksten told the Board that he had spoke to Attorney Mather and reviewed items that the Board would like to see completed on the property. He has requested three (3) weeks to complete this.

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

VOTED: To continue the request for the release of an Earth Removal bond for Wood’s Pond Cranberry to March 11, 2002.

Unanimous Vote.

Request to Approve & Sign Septic Betterment – McAuley – 111 Cedar Street

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board VOTED: To approve the request made by Laurie McAuley for a septic betterment in the amount of $14,475.00 for property located at 111 Cedar Street.

Unanimous Vote.

Additional Chapter 70 Money – School Department

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

VOTED: To apply the additional Chapter 70 monies for FY ’02 to the School Department’s health insurance costs.

Unanimous Vote.

Washburn Mill Update

Neil Rosenthal met with the Board to discuss the possibility of issuing a new RFP for the Washburn property.

Mr. Rosenthal told the Board that there are two (2) main goals shared by all – to clean up the Washburn site, and to upgrade the Everett Square area.

There are also three (3) special interest goals – to satisfy the Historical Commission, to satisfy the residential abutters and to satisfy the abutting business community.

Mr. Rosenthal said that there will never be a proposal that will please everyone. He is asking the Board to give input on issuing a new RFP or talk to those that have shown an interest.

Selectman Eayrs said he is in favor of preserving the building, but noted it is time to make a decision. He said that the building has received a "good airing" and suggested another RFP process to provide equal footing for everyone.

Selectman Wiksten told Selectman Eayrs that the Board had previously issued two (2) RFPs. Only one (1) response had been received. When the second RFP was issued, the Board put a time frame of six (6) months or the property would be auctioned. He suggested if another RFP is issued that a timely agenda be placed on the project.

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

VOTED: To rescind the previous vote of the Board to auction the property, and to go forward with a new and final RFP.

Unanimous Vote.

Selectwoman Brunelle suggested that the RFP was worth putting out one (1) more time because of the additional publicity the site has received. She suggested the Committee develop a proposal and submit it to he Board to establish a time frame that will still allow time to apply for grants.

Selectman Eayrs suggested the RFP be reissued as is to expedite the process. Selectman Wiksten said he has not had time to review the RFP.

Selectman Rogers asked for an update on the encroachment issue. Mr. Rosenthal said the Committee had met with the abutters and agreed to give 27 – 48 feet. He said the Committee voted to support moving forward with this.

Selectman Rogers asked if the abutters were willing to pay any money. Mr. Rosenthal said they were not. He noted this would avoid litigation for possible adverse claim. Septic systems are located on these sites.

Selectman Rogers noted that deeds and plans will need to be drawn up, and the Town should not absorb the expense.

It will take approximately six (6) weeks for the RFP process.

TOWN MANAGER’S REPORT

Selectwoman Brunelle said that figures need to be finalized, and suggested that 10% reduction may not be enough. She suggested asking the Town Accountant to give the Board information based on projections and current requests to get an actual idea of how much department will have to cut.

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

VOTED: To ask the Town Accountant to give the Board information based on projections and current requests to get an actual idea of how much department will have to cut.

Unanimous Vote.

This information will be included in the Board’s packet for February 25th.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $11,758.34.

Unanimous Vote.

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

VOTED: To pay three (3) bills to the Middleborough Gas & Electric Department in the amounts of $144.57, $36.43 and $419.05, totaling $600.05.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $7,975.00.

Unanimous Vote.

OTHER

There was no ‘Other Business’ discussed tonight.

CORRESPONDENCE

Jane Lopes asked if it would be appropriate to answer these questions, noting that Ms. Anastas will be submitting an RFP. She suggested everyone should get the answers.

Selectman Wiksten asked if there was an indication in the RFP to set a date and time to answer questions with the Town Manager. He suggested the letters be forwarded to Mr. Healey to give appropriate time to respond.

James Morris, Ms. Anastas’ business consultant, said that Ms. Anastas is entitled to ask questions as a resident.

Chairman Perkins said that the questions would be answered.

The Board will discuss the Capital Planning Report at the February 25th meeting.

 

 

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

VOTED: To enter into Executive Session, not to return to Open Session, for the purpose of discussing pending litigation and negotiations.

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

VOTE 5 – 0

 

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN