SELECTMEN’S MEETING

FEBRUARY 25, 2002

 

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

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

Selectman Wiksten left the meeting at 10:20 PM.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of February 11, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of February 11, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Representative O’Brien and Senator Pacheco – RE: Presentation of Grant

Representative Thomas O’Brien presented a check to the Board in the amount of $600,000 from the Department of Housing and Community Development. The money will be used to fund two (2) programs: an affordable housing complex and a low interest loan program for low to moderate incomes to rebuild/refurbish their homes.

Rep. O’Brien noted that Middleborough has applied for and received $3 million in grant money over the past three years. He noted the hard work that went into receiving this money.

Rep. O’Brien and Sen. Pacheco also spoke to the Board about the fiscal crisis. It was noted that over 28 tax cuts were made over the last six (6) years. There is an expected shortfall of $1.35 billion for FY ’02. Money has been taken from the stabilization fund and through cuts, but the revenues are worse than thought. There is already a $390 million unbalanced deficit for this current year. It is expected that there will be a $1.7 to $2.3 billion deficit for FY 03.

Sen. Pacheco noted that all States are experiencing the same fiscal crisis. The suggestion to the Board was to plan on a 10% cut from State aid.

 

Request to Approve Motorcross Dates, Sunday Licenses & One Day Liquor Licenses – Capeway Rovers

Chairman Perkins read the following: "A meeting will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, February 25, 2002 at 7:05 PM, on the request made by Capeway Rovers for One Day Liquor Licenses, Motor Cross Permits and Sunday Entertainment Licenses for the following dates:

March 31, 2002 August 18, 2002

April 28, 2002 September 8, 2002

May 19, 2002 October 13, 2002

June 30, 2002 October 27, 2002

July 28, 2002

Also, Motor Cross Permits for the following dates:

April 20, 2002 August 3, 2002

May 4, 2002 August 10, 2002

May 11, 2002 September 14, 2002 (Rain Date)

June 1, 2002 (Rain Date) September 28, 2002

June 15, 2002 October 5, 2002 (Rain Date)

June 22, 2002 October 19, 2002

July 13, 2002

 

Anyone desiring to be heard on this matter should appear at the time and place designated."

David Payne, of Capeway Rovers, told the Board that the request is for Sunday races for Capeway Rovers and Saturday dates for youth dates and rain dates.

Selectman Wiksten asked if the schedule included all dates for the year. Mr. Payne said it did.

Chris Bradstreet, 16 Stone Street, asked about the increased dates. He asked for confirmation that NEMA would not be looking for additional dates.

Discussion ensued on the number of dates. Norman Collins, President of Capeway Rovers, explained that the number of races is the same as last year. The difference is that there are more youth races and less Capeway Rovers dates. He also explained that Capeway was taking over the youth races, instead of NEMA.

Diane Goodwin, a member of the Board of Directors for NEMA, explained that Capeway has picked up the dates because NEMA is not going to be running there this year. Capeway will run the races to benefit the kids in this area.

Mr. Bradstreet brought up a zoning issue that had been discussed in 1996. Chairman Perkins read a letter from Dan Murray dated March 30, 1995 with an opinion that an increase in the number of racing days is not an unlawful change in the nonconforming use. Mr. Bradstreet read from a letter dated January 4, 1996 where Dan Murray says it would be unlawful.

Mr. Bradstreet also asked that no races be held on holidays, including Mother’s Day. He asked if there were any national events. Mr. Payne said there is not. He asked for confirmation that Capeway would not approach the Board at a later date to request additional race dates.

Chairman Perkins said there is always the possibility that they could ask for additional dates. Mr. Payne said there is no intention at this time to do that.

Selectman Wiksten said he would like to know all dates up front. He noted that he has received several calls regarding increased dates. Selectman Wiksten also noted that he had read Minutes from 1996, and asked if Capeway had completed all work that was requested, including tree planting. Mr. Collins said this has been done.

Selectman Wiksten said that the problem with noise is not so much the motorcycles, but the PA system. Mr. Collins said the system is an AM system. There has been two (2) speakers since 1996.

Robert Redstone, 44 Sharon Road, had concerns with the time that the motorcycles start. He said he has heard them at 7:30 AM. He also said that the number of dates has doubled since the 1980s.

Ms. Goodwin said that she does the registration at the track, and practice does not begin until 8:45 AM.

Selectman Eayrs asked how many dates had been approved for Capeway last year. Mr. Collins said they had 13, but have dropped to nine (9) this year and added the difference to the youth races.

Selectman Wiksten noted that in 1996 there had been 11 Capeway dates and four (4) NEMA dates. There had also been reference made to non-conforming use because of the number of races. He suggested getting an opinion from Town Counsel.

Selectman Eayrs said he had been a member of the ZBA at that time, and noted that Capeway had acted properly. He said this was not an issue.

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

VOTED: To continue the meeting to next week, to get more information from the ZBA, and send the two (2) letters to Dan Murray to ask which ruling stands.

Unanimous Vote.

Meeting with Amory Engineering – RE: Water Systems Study

The Board was given a Final Draft of the Report on Water System Distribution Analysis. Richard Johnson, of Amory Engineers, P.C., was present. Richard Tinkham, Water Superintendent, was also present.

Mr. Johnson explained that the system serves approximately 4,500 customers. It consists of a network of watermains supplied by eleven well supply sources. The system is a single pressure zone system with distribution storage provided by two (2) water tanks.

Mr. Johnson told the Board that, in general, the distribution system is adequate of meeting general system demands. However, many mains in the downtown area are small and unlined, and system headloss during periods of heavy demand or fire flow are excessive. System pressures are high compensating to some extent for pipeline losses. Hydrant flows for fire protection are sufficient at most locations in the center of Town, but are either marginally acceptable or deficient at system extremities.

Distribution storage is adequate through 2025 when both existing tanks are in service. When Barden Hill tank is out of service, fire storage is inadequate. Mr. Johnson suggested the Town should consider banking of tank site(s) as developable land becomes scarce.

Mr. Johnson suggested the improvement program include two (2) phases. The first is intended to address the immediate needs of the system and includes 15,900 linear feet of cleaning and cement lining of unlined mains and 29,850 linear feet of replacement upsized mains. The total cost for Phase 1 is $4,600,000.

Phase 2 in intended to address the other needs of the system and includes 2,400 linear feet of cleaning and cement lining of unlined mains and 28, 150 linear feet of replacement upsized mains. The total cost for Phase 2 is $3,200,000. The unlined main replacement program includes some 110,000 linear feet of main installed prior to 1930 and totals $8,800,000.

Selectman Eayrs asked if there was any lead remaining in the system. Mr. Tinkham said only in goosenecks.

Selectman Rogers had several suggestions for adding to the report. These included the specific capacity of the wells, when they are started and what they are now, proposed flow in the future, and painting schedules for the tanks. He also suggested that some wells should be replaced, and a time frame should be put in the report.

Selectman Rogers also suggested Phases 1 & 2 be done in 5 year increments. Engineering costs for design and bonding costs should also be included.

It was agreed that Selectman Rogers would meet with Mr. Healey and Mr. Johnson to discuss his suggestions.

Selectman Wiksten asked if there are any particular areas in "desperate need". Mr. Johnson suggested the area of the industrial park. He said, although there are small onsite storage tanks, they serve no benefit to the Town.

Selectman Wiksten asked about industrial development in South Middleborough along rte. 28. Mr. Johnson said nothing had been done at the extreme ends of rte. 28.

Selectwoman Brunelle asked if the figures for Phases 1 & 2 included the cost of storage tanks. Mr. Johnson said it did not. These would cost approximately $1 million for the tank, and going from the tank to other parts of the system would cost another $1 million.

Discussion ensued on use of water coming from the Taunton line for fire protection to the industrial area, and use of a large tank at MCI in Bridgewater for fire protection. Mr. Johnson said the study is strictly for the Middleboro system.

Request for Modification to Earth Removal Permit – Sam White & Sons, Inc. – 580-582 Wareham Street

Chairman Perkins read a letter received from Lawrence Silva, Silva Engineering Associates, P.C., requesting an amendment to Earth Removal Permit #01-1 in the name of Sam White & Sons. The request is to allow use of a rock crusher.

Mr. Silva and Dan & Earl White were present.

Mr. Silva said that the permit was issued one (1) year ago. Work has been moving well at the site. At the time of the request for the original earth removal permit, there was discussion about rock crushing. No mention was made in the Order of Conditions.

Selectwoman Brunelle asked what the noise level would be. Mr. White said that the crusher would be placed in a lower area to help buffer the sound.

Selectman Wiksten asked what size the crusher would be. Mr. White said it is 24" and can process 250 tons/hour. It is on tracks, and can be driven through the rock.

Selectman Wiksten asked if there was one in this area that the Board could visit. Mr. White did not know of any.

Selectman Wiksten said he had visited the site, and commended the White’s for the job they are doing. His only concern is for the noise.

Selectman Eayrs asked if there is currently a screener on the property. Mr. White said there are two (2). One would be used in conjunction with the crusher. Mr. White estimated that the crushing would be done in about two (2) weeks, and work would be completed by the end of August.

Selectman Wiksten asked if the crusher would be used only for on-site material. Mr. White said it would. He also noted that this would help keep the project moving.

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

VOTED: To amend Earth Removal Permit #01-1 to allow the temporary use of a rock crusher to be used at 580-582 Wareham Street, to crush on-site materials Monday through Friday from 8:00 AM to 4:00 PM.

Unanimous Vote.

Meeting with Washburn Mill Committee – RE: Request for Proposals

Neil Rosenthal and Bruce Arons were present.

Mr. Arons told the Board that he had supplied them with a draft RFP and was available to answer any questions the Board had. He suggests the RFPs be given out during the month of March, and be due by April 5th.

Motion was made by Selectman Eayrs and seconded by Selectwoman Brunelle to send out the RFP in March, with proposals due April 5, 2002, to be handled by the Office of Economic and Community Development.

Discussion ensued on whether or not Town Meeting approval would be necessary to sell the property. Mr. Arons said it would be. He noted that this had not been stated specifically in the RFP.

Motion was made by Selectwoman Brunelle and seconded by Selectman Eayrs to amend the RFP to removal the "0" cost and make it subject to Town Meeting approval.

Discussion ensued. Selectman Wiksten said that the Board was not "giving it away", noting that there would be substantial costs associated with renovating or demolishing the building. Mr. Arons said that the "0" cost had been included in the previous RFP and there had been no offers. Selectwoman Brunelle withdrew the motion.

Selectwoman Brunelle asked about a clause designating this an "Opportunity Area". Mr. Arons said this would make a TIF Agreement available in the developer proposed it.

Selectman Rogers questioned the dates by which work would have to be done. He suggested expanding it to read after Town Meeting Vote. It was explained that this would be effective once the property is conveyed.

Selectwoman Brunelle asked if this would have to be in the Central Register. Mr. Arons said it would not because it is an RFP. He did suggest that it be advertised in the new England Real Estate Journal at a cost of approximately $500.00. Mr. Healey will look into the Advertising budget.

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

This was a continued hearing that began on November 26, 2001.

Mr. Pike told the Board that he had met with Mr. Holt as the Board had requested. He has agreed to the plan that was submitted. Mrs. Holt is present tonight.

Selectwoman Brunelle noted that the Board had also asked the engineer to provide the project in two (2) phases. Mr. Pike asked if this could be addressed in the Order of Conditions, noting that he does not have the funding for the engineer to do this. He agreed to address the buffer zone before doing any other work. Selectman Wiksten asked how this would be done if it was not drawn on the plan.

Mr. Healey suggested that the proposed access road, buffer reinstatement and slope of the entire area along the Holt property should be done first. He suggested this could be done in the context of the narrative of the Conditions and the plan. Other excavating could not be done until this was first completed. He said he would highlight phase 1 and 2 on the plan that was given to the Board.

Selectwoman Brunelle asked how long it would take to complete phase 1. Mr. Pike said about two (2) weeks.

Mrs. Holt said there is no argument about the property line. There had been questions previously of the placement of a fence. Mr. Pike has agreed to move this.

Selectman Rogers asked where the dewatering would go in Phase 2. Mr. Pike said there would be a pump under the road to the bog. Selectman Rogers suggested a monitoring system be required.

Mr. & Mrs. Carey were present. They had concerns with work that was previously done, that they say was done "illegally". Chairman Perkins read a letter from the ConCom dated December 18, 2001. A copy was given to the Carey’s. It was also suggested that the speed limit be reduced on the road. Chairman Perkins said that was a separate issue that could be addressed through the safety officer.

Mrs. Carey had concerns with a pile of material on the property. Mr. Healey said that Mr. Pike is not asking to remove this, and he has a right to leave it on the property. He also said another property line dispute with a neighbor cannot be resolved by this Board.

Mrs. Holt told the Board that her husband had met with Mr. Pike, and decided it is in their best interest that the project takes place. She is asking that it be done appropriately. She has concerns with the property buffer.

Chairman Perkins said the buffer would be addressed first. He also noted that a bond would be held to assure the project is done correctly.

Mrs. Holt said that an agreement had also been made for Mr. Pike to plan seedlings along the buffer zone. Selectwoman Brunelle suggested this be added to the Order of Conditions.

Selectman Wiksten asked Mrs. Holt if she understood that, by accepting the plan, they were accepting a buffer zone of 23’ feet as opposed to 50’. Mr. Holt said they are ready to compromise to get the property cleaned up from its current condition.

Mrs. Holt said she also had concerns with the loudness of the pump. Mr. Pike said that it would be further away according to the new plan.

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 filed by Sam Pike, Jr. for an Earth Removal Permit for property 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. Approval is given submit to the completion of the Order of Conditions with the understanding that the buffer zone on the Holt property be completed before progression to the rest of the permit.

Unanimous Vote.

Hearing (cont.) – Request for Class II License – Zipp d/b/a Kasara Auto Sales – 562 Wareham Street

This was a continued hearing that began on February 4, 2002. Austin Zipp, the applicant, was present. He returned the green cards.

Chairman Perkins read letters from the Building Department and Health Department.

Mr. Gedraitis had met on-site with Mr. Zipp. A preliminary survey of the site was done using the stamped engineer’s plans and state highway plans. Property lines were established and agreed upon. A maximum of fifteen (15) vehicles should be allowed. Mr. Gedraitis stated that supported the issue subject to approval of the Health Officer.

The letter from Jeanne Spalding addressed the septic replacement issue. She told the Board that Mr. Zipp has asked for an extension for a replacement. Because the system is not currently overflowing, Ms. Spalding said she would extend the upgrade with the understanding that repairs are completed by the end of June this year. If not, the license should be revoked and/or suspended.

Selectman Wiksten reminded Mr. Zipp that when he previously addressed the Board he had promised to do improvements to the property. This has not been done.

Mr. Zipp told the Board that his son had recently passed away. He said he has all the siding that is needed, and expects to complete all work by spring.

Selectman Eayrs asked what incentive there would be to complete the septic system if the license was not granted. He suggested a grace period for making the improvements and completing the septic system.

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 for a Class II License for property located at 562 Wareham Street, Middleboro. The License will be in the name Austin Zipp d/b/a Kasara Auto Sales. The License is being granted with the following conditions:

Unanimous Vote.

NEW BUSINESS

Presentation of Capital Planning Report

Selectman Rogers, Chairman of the Capital Planning Committee, presented their report. He noted members of the Committee are: Sandra Bernier, John Healey, Anders Martenson, Jr., Neil Rosenthal, Mike Stagliola and Steve Spataro.

The Committee is recommending the following Capital Requests for FY 03:

Park Department - $25,000 – for a Proposed Recreational Use and Development Plan (PRUDP) to be prepared for all Town files, parks and Town Forest. As part of this work, a land survey be performed for the Town’s Weston Town Forest to delineate boundaries and prepare for future improvements. Monies for this may be appropriately requested from the Peirce Trustees, as the PRUDP and survey will qualify the Town to apply for and receive numerous funding opportunities for all of these assets. A formal request will be made through the Town Manager’s office.

Town Treasurer - $37,000 – for the purchase of ‘automatic’ registers and software.

It was suggested that the Committee meet with the Board in April to give a series of recommendations for the Landfill.

Selectman Rogers also suggested that $100,000 be set aside for Plain Street improvements. He suggested this be taken from Chapter 90 monies.

Appoint Constables – 2002

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

VOTED: To appoint the followings individuals as Constables for 2002:

Karen A. Blair John Howard

11 Robin Hood Avenue 288 Cherry Street

Pamela G. Cloutier John S. Rose

520 Plymouth Street, #2 206 Wareham Street, Suite #168

Amy J. Kamon William R. Eve

39 Winding Way 3 Shaw Avenue – 1st Floor

Betty L. Crossman William L. Crossman

54 Pearl Street 54 Pearl Street

Unanimous Vote.

Request to Approve & Sign Betterment Agreement – Fahey – 9 Locust Street

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

VOTED: To approve and sign a septic betterment agreement for property located at 9 Locust Street, owned by Laurence Fahey, in the amount of 8,075.00.

VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

Request for Pawn Shop License – Rea – 452 Center Street

John Rea, Jr. was present to answer any questions the Board had regarding his request for a Pawn Shop license for property located at 452 Center Street.

Mr. Rea said that he will submit a daily list of all articles received to the Police Department via e-mail. This is required under MGL Chapter 140.

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

VOTED: To approve a pawn brokers license for John Rea, Jr. d/b/a Middleboro Pawn Brokers, for property located at 452 Center Street, with hours to be 8:00 AM to 4:00 PM Monday through Saturday, subject to all requirements under MGL Chapter 140.

Unanimous Vote.

Request to Re-Appoint Library Trustees

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

VOTED: To re-appoint the following individuals as Library Trustees:

James Okolita Susan Callan

20 North Street 8 Rock Street

Margaret Atkins

92 School Street

Unanimous Vote.

Request to Sign Notes – Treasurer/Collector

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

VOTED: To award a bid in the amount of $2 million for the Fire Station to Quick & Reilly with n.i.c. 1.937%.

VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

TOWN MANAGER’S REPORT

Motion made by Selectwoman Brunelle and seconded by Selectman Eayrs, to award

Map 035 Lot 5918 – Paul Road to Wendy Flaherty for $3,418.00 for a Driveway Buffer.

Unanimous Vote.

Motion made by Selectman Eayrs and seconded by Selectwoman Brunelle, to award

Map 035 Lot 5916 – Paul Road to Wendy Flaherty for $2,393.00 for a Driveway Buffer.

Unanimous Vote.

Motion made by Selectwoman Brunelle and seconded by Selectman Wiksten, to award

Map 035 Lot 5174 – Plymouth Street to Gregory Lessard for $75,100.00 for a House Lot.

Unanimous Vote.

Motion made by Selectman Eayrs and seconded by Selectwoman Brunelle, to award

Map 035 Lot 5916 – Paul Road to Robert Lessard for $7,000.00 for Open Space.

Unanimous Vote.

Motion made by Selectman Eayrs and seconded by Selectwoman Brunelle, to award

Map 035 Lot 5188 – Paul Road to Robert Lessard for $7,000.00 for Open Space.

Unanimous Vote.

Motion made by Selectwoman Brunelle and seconded by Selectman Eayrs, to award

Map 045 Lot 282 – Lake Shore Drive to Clayton Maki for $4,769.99 for Bog Access.

Discussion ensued on this award. Mr. Robert Grose, who is an abutter to the property, bid a lower amount of $4,500. He is asking the Board to award the bid to him because he does not believe Mr. Maki will take care of the property. The Board explained that they could not do this. The motion passed unanimously.

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

VOTED: To deed restrict any storage of vehicles or equipment on the property.

Unanimous Vote.

Motion made by Selectwoman Brunelle and seconded by Selectman Eayrs, to reject the bid for Map 020 Lot 2482 – 7 Woloski Park by Robert Gragin in the amount of $750.00 because it was less than the minimum required bid.

Unanimous Vote.

Motion by Selectwoman Brunelle and seconded by Selectman Wiksten, to

Re-bid for Map 020 Lot 2482 – 7 Woloski Park and to set the minimum bid at $2,500.00.

Unanimous Vote.

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

VOTED: To require deed restrictions be placed on all the bids that have been awarded to this point for the purposes that are stated.

Unanimous Vote.

Motion made by Selectman Eayrs and seconded by Selectwoman Brunelle, to award

Map 079 Lot 4452 – Off Walnut Street to Charles Reynolds for $12,200.00 for a Wood Lot, with a deed restriction.

Unanimous Vote.

Motion made by Selectwoman Brunelle and seconded by Selectman Eayrs, to award

Map 034 Lot 5556 – Off Plymouth Street to Paul Sweeney for $250.00 for a Buffer to Rte. 44, with a deed restriction.

Unanimous Vote.

No bids were received for Map 035 Lots 5851 and 5876. They will be rebid at a later date.

Mr. Healey informed the Board that he is working on his annual evaluation. At this time he also told the Board that he would be willing to defer any increase in his salary through the merit process, should this become necessary to avoid layoffs. Chairman Perkins commended Mr. Healey for "leadership by example".

 

SELECTMEN’S BILLS

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

VOTED: To pay the water bill for 46 Soule Street in the amount of $44.15.

Unanimous Vote.

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

VOTED: To pay three (3) bills submitted by Verizon in the amounts of $18.44, $.01 and $.07, totaling $18.52.

Unanimous Vote.

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

VOTED: To pay the bill submitted by ADT Security Services for 63 Miller Street in the amount of $98.03.

Unanimous Vote.

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

VOTED: To pay the bill submitted by W.B. Mason Company, Inc. in the amount of $223.77.

Unanimous Vote.

CORRESPONDENCE

 

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

VOTED: To enter into Executive Session for the purpose of Negotiations, not to return to Open Session.

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

VOTE 4 – 0

 

Diane Henault, Secretary

BOARD OF SELECTMEN