SELECTMEN’S MEETING

FEBRUARY 28, 2005

 

 

Chairman Perkins called the meeting to order at 7:01 PM.

 

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

Selectman Bond was absent.

 

 

SELECTMEN’S MINUTES

 

Selectman Andrews made a correction to the minutes of February 14, 2005.

 

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

            VOTED:  To approve the Minutes of February 14, 2005 as amended.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of February 14, 2005.

            VOTE 3 – 0 – 1 (Selectman Wiksten abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Kevin MacKinnon; Representative of Jacques Whitford – RE:  Rte. 44 Well Site

 

Kevin MacKinnon was present.

 

Mr. MacKinnon gave a presentation overview in regards to the Rte. 44 Site Water Supply Potential which included an introduction, background, preliminary conceptual model, regulatory process, phased approach, cost implications, and schedule.

 

The estimated project total is $167,040.26.  The entire process would be completed in May of 2006.

 

Discussion ensued on a comment that a bridge accessing the property would have to be reinforced.  The estimated cost would be $4,500.

 

The project total does not include the actual construction of the well, work on the access road, site work, pipeline installation, and construction of a chemical facility.  The cost for the land acquisition is also not included.

 

Richard Tinkham, Water Superintendent, said he would like to meet with Mr. MacKinnon, and the engineering company, to get an accurate idea of the actual costs, and then present an article at the Town Meeting.

 

Mr. Healey said there has been some difficulty contacting the land owner, who lives out of state.

 

Mr. Healey also noted that the initial cost for source approval is already available through an existing authorization from Town Meeting.  $200,000 was approved at that time, with approximately $37,000 having been spent.

 

Selectwoman Brunelle asked if the four (4) properties that are part of the well site will be taken by eminent domain.

 

Mr. Healey said a negotiated sale will be attempted, noting that the Town avoids eminent domain action when possible.

 

Selectwoman Brunelle asked if there would be any serious impact to the Cross Street Well which is across from the Rte. 44 site.

 

Mr. MacKinnon said he did not believe there would be, and said further analysis would be done.

 

Mr. Tinkham told the Board that the project is a priority, saying that the Town has to get more water production into the system because of the growing demand.  He said the project is going to be relatively inexpensive because it will not require an extension of the distribution system.

 

Mr. Healey noted that, because of the low iron and manganese levels, the Town won’t have to deal with issues that exist at the East Main and Tispaquin Street Wells.

 

Selectman Wiksten asked if there would be an impact on the ratepayers.

 

Mr. Tinkham said not immediately, as there was a recent rate increase.

 

Mr. Healey said the appropriation for this project was factored in for a rate increase.

 

Selectman Wiksten reminded the Board that he had previously asked for input on hook up fees and water development charges. 

 

Mr. Healey said the current fees for hook-up were established in 1986. 

 

Selectman Wiksten noted that it costs $5,000 to $6,000 to install a well, but an installation charge of about $1,000 for town water.

 

Jeanne Spalding asked if a preliminary Zone 2 assessment was done, and if a determination for current land use was done.

 

Mr. MacKinnon said the Zone 2 was based on a 4-hour pumping test.  He said it will go to 8” and be pumped for 1 week for more accuracy.  He said the land use has already been determined.

 

Selectman Andrews noted that approximately 54% of the cost of the project is costs for permitting procedures.

 

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

VOTED:  To authorize the Water Superintendent to continue with the necessary ‘Regulatory Process’ to move forward on the Rte. 44 well exploration.

            Unanimous Vote.

 

Hearing – Request to Place Poles – MG&E and Verizon – Marion Road

 

Chairman Perkins read the following:  “A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, February 28, 2005 at 7:30 PM, for the purpose of discussing the petition filed by Middleborough Gas & Electric Department and Verizon New England Inc., to place two (2) new poles (#147 & #148) on Marion Road.  This petition is essential to provide service to a new home under construction.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Bill Taylor, Manager of the MG&E Electric Department, was present.  He said the request is being made to provide service to a new house on Marion Road.

 

Selectman Andrews asked how the “process” of placing poles works, and what rights the homeowners might have.

 

Mr. Healey said the layout is a Town road.  He said poles can’t be placed on private property without an easement.  A public hearing is held for any residents to voice their concerns.

 

Charleen Perry, 366 Marion Road, asked about the locations of the pole.  The new home has been built beside her property.  She said she was concerned with visible poles being put in front of her property.

 

Discussion ensued.  Mr. Taylor said the poles will stop prior to Ms. Perry’s property, as the service will be brought in from Miller Street.

 

Selectwoman Brunelle suggested Mr. Taylor meet with the Perry’s to show the location of the poles.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Selectwoman Brunelle made a motion to approve the request subject to verification from Mr. Taylor that the placement of the poles won’t be objectionable to the Perry’s.

 

No second was made.

 

Selectman Wiksten said if this motion passed, then anyone could come in and complain because they didn’t like the location of the poles, and hold up the placement.  He said he did not see any reason to deny the request.  Power has to be supplied to the new construction.

 

Selectman Andrews said he had no problem saying that the pole would be placed, but felt the abutters should be given all of the facts by the MG&E and Verizon.

 

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

VOTED:  To approve the request of the Middleborough Gas & Electric Department and Verizon New England Inc. to place two (2) new poles (#147 & #148) on Marion Road, to provide service to a new home under construction.

            Unanimous Vote.

 

Hearing (cont.) – Request for Title V Variance – 95 Cherry Street

 

Jeanne Spalding said she has not heard from the engineers regarding this request.  She said the applicant was going to arrange for abutter notification.

 

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

VOTED:  To continue the hearing one (1) more time, no later than March 28th, and to consider the request withdrawn if the applicant is not prepared by that time.

            Unanimous Vote.

 

Request for Earth Removal Permit Extension (#02-1) – Samuel Pike

 

Chairman Perkins read a letter from John Norrie, President of Plympton Sand & Gravel Corp., asking for a one (1) year extension on Samuel Pike’s Earth Removal Permit.

 

Mr. Norrie said that 92,954 yards of material have been removed to date.  He said the material underground is very coarse and rocky, and causes extreme difficulty digging.  Work will begin again in April, weather permitting.

 

Nelia Anderson, Plympton S&G, was present.  She said Mr. Pike was not present tonight because his father had passed away.

 

Mr. Healey said good progress has been made on the project, and he “has faith” that the project will be completed as scheduled with the extension.

 

Selectman Wiksten said he had also visited the property, and agreed that it was coming along in accordance with the phases that were set.

 

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

VOTED:  To approve a one (1) year extension for Earth Removal Permit #02-1, with the notation that an updated Bond will be sent to the Selectmen’s Office in April.

            Unanimous Vote.

 

NEW BUSINESS

 

Town’s Option to Purchase Chapterland – Rocky Meadow Development – Purchase Street

 

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

VOTED:  To decline the Town’s Option to purchase parcels of land situated on the northerly side of Purchase Street, Middleboro, Massachusetts, shown as Lots 6, 8, 9, 10 & 11 on a plan entitled “Plan of Land Rocky Meadow & Purchase St. in Middleboro, Mass. Scale 1”=50’, Aaberg Associates December 2, 2004, recorded in the Plymouth County Registry of Deeds as Plan 1006 of 2004.

            Unanimous Vote.

 

Request to Appoint Member to Board of Trustees – Middleborough Public Library

 

Chairman Perkins read a letter from Marjorie Judd, Director of the Library, suggesting that Eleanor Osborne be appointed to the Board of Trustees to fill the unexpired term of Nancy Legan.

 

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

VOTED:  To appoint Eleanor Osborne to the Library Board of Trustees to fill the unexpired term of Nancy Legan, which will expire in 2007.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Keri M. Pabst

 

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

VOTED:  To approve the request of Keri Pabst to rent the Town Hall Auditorium on Saturday, April 2, 2005 from 6PM to Midnight for a birthday party.

            Unanimous Vote.

 

Ms. Pabst will be asked to have the bartending service apply for a One Day Liquor License.  A police detail, in accordance with the Agreement, will also be required.

 

Request to Use Town Hall Auditorium – LDL and School Street Schools

 

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

VOTED:  To authorize the use of the Auditorium by LDL and School Street Schools on March 4th and March 11th for a Kindergarten Dance.

            Unanimous Vote.

 

Selectman Andrews will contact Town Counsel regarding his concerns of the liability of an outside contractor on Town-owned property, and the required insurance.

 

Request to Approve Race Dates – Capeway Rovers

 

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

VOTED:  To approve the following race dates for Capeway Rovers for 2005 for 9:00 AM to 7:00 PM:

April 3, 2005                                        April 17, 2005

May 1, 2005                                        May 8, 2005

May 15, 2005                                      May 29, 2005

July 3, 2005                                         July 24, 2005

August 14, 2005                                   August 21, 2005

August 28, 2005                                   September 18, 2005

April 9, 20054                                      May 28, 2005

June 11, 2005                                      July 2, 2005

July 16, 2005                                       July 30, 2005

September 17 2005                              October 15, 2005

            Unanimous Vote.

 

Request to Approve Sunday Entertainment License – Capeway Rovers

 

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

VOTED:  To approve a Sunday Public Entertainment License for the following race dates for Capeway Rovers for 2005:

April 3, 2005                                        April 17, 2005

May 1, 2005                                        May 8, 2005

May 15, 2005                                      May 29, 2005

July 3, 2005                                         July 24, 2005

August 14, 2005                                   August 21, 2005

August 28, 2005                                   September 18, 2005

Unanimous Vote.

 

Request for One Day Liquor Licenses – Capeway Rovers

 

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

VOTED:  To issue One Day Liquor Licenses for the following races dates for Capeway Rovers for 2005:

April 3, 2005                                        April 17, 2005

May 1, 2005                                        May 8, 2005

May 15, 2005                                      May 29, 2005

July 3, 2005                                         July 24, 2005

August 14, 2005                                   August 21, 2005

August 28, 2005                                   September 18, 2005

April 9, 20054                                      May 28, 2005

June 11, 2005                                      July 2, 2005

July 16, 2005                                       July 30, 2005

September 17 2005                              October 15, 2005

            Unanimous Vote.

 

Selectwoman Brunelle asked the Board’s Secretary to see what amount can be charged for One Day Liquor Licenses.  The current cost is $15 for Beer & Wine, and $25 for All Alcohol.

 

Request to Approve Second-Hand Furniture License – “Spring Brook Treasures”

 

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

VOTED:  To approve the request of Edmund and Valerie Finnegan for a Second-Hand Furniture License for property located at 64 East Main Street, to be known as “Spring Brook Treasurers” for Wednesdays through Sundays 10AM to 6PM, commencing May 1st.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Recycling

 

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

VOTED:  To approve the request of the Highway Superintendent to begin collecting all recyclable plastic containers #3 through #7, informing residents that they can “co-mingle” their recyclables in their blue bins and will not need to separate or bag any items, except newspapers.

            Unanimous Vote.

 

Town Finances

 

Mr. Healey updated the Board on the Town’s Finances for the upcoming fiscal year.  He noted a reduction in the available Free Cash.

 

Selectwoman Brunelle said the Collaborative Leadership Group would meet tomorrow night.  She said she has not received any information from the FinCom regarding budget requests.

 

Selectwoman Brunelle asked for the status of the WMAC.

 

Selectman Wiksten said final language changes are being prepared for the Contract with Waste management.

 

Mr. Healey said WMAC will hold a meeting within the next week or so.

 

Landfill –Unilateral Administrative Order

 

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

VOTED:  To authorize the Town Manager to work with Town Counsel to prepare and submit an appeal request to reserve the Town’s rights regarding the UAO.

            Unanimous Vote.

 

Selectwoman Brunelle told Mr. Healey that she appreciates the fact that the abutters of the Landfill are being kept informed as to the progress.

 

Custodial Services for Town Hall and Bank Building

 

Mr. Healey told the Board that he is working with Sue McCusker to develop and RFP for private custodial services for the Town Hall and Bank Building.

 

40B Projects

 

Mr. Healey provided the Board with a copy of comments to Mass Housing regarding two (2) 40B projects:  Cherry Street Estates and Waterville Village.

 

It was noted that the latter project concerns the “Whitworth property”.

 

Insurance Quotes

 

Mr. Healey provided information regarding the process of going out for competitive quotations for insurance for the Town.  He said he wanted the Board to have all information to give evidence that it is being processed properly.

 

Herring Run

 

Selectman Andrews expressed concern with construction materials left at Oliver Mill.

 

Mr. Healey said he will ask for a letter from the Herring Commission making sure that area is restored by the Contractor for the herring run season.

 

Request for Audit Services

 

Chairman Perkins asked why the Board is not more directly involved in the process of retaining audit services.  He said the Board sees the auditors maybe once during the process, but has nothing to say about the planning process, or a specific area that the Board would like the auditors to review.  He asked about prospective audit firms meeting with Town Officials, and asked why a bidder’s conference wouldn’t be held for all.

 

Mr. Healey said there is currently one (1) firm that has indicated an interest to have a conference.  He said the invitation could be extended to any potential bidders who would want to come in.  He also said the Board could be involved in the process.

 

Chairman Perkins said he would like to be there.

 

Selectwoman Brunelle agreed.  She said once the ‘Draft’ report is done, there needs to be more discussion with the auditors. 

 

Chairman Perkins said once the RFP has been returned, and a choice is made, he would like to meet.

 

IT Department

 

Chairman Perkins reminded Mr. Healey that he had asked the IT Director to file a report, through the Town Manager, with recommendations for his department.

 

Mr. Healey will get this information for the Board in two (2) weeks.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $24.69 and $24.71, totaling $49.40.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by ADT Security Services for 63 Miller Street in the amount of $115.11.

            Unanimous Vote.

 

Chairman Perkins noted that the area of security has become competitive, and suggested and RFP be done.

 

Mr. Healey will do a survey on what buildings are alarmed, and the cost.

 

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

            VOTED:  To pay the water bill for 63 Miller Street in the amount of $26.28.

            Unanimous Vote.

 

OTHER

 

v     Chairman Perkins read a letter from Senator Pacheco telling the Board that he is not available to meet on March 7th.  Reps. O’Brien and Canessa will attend the meeting.

 

The Board agreed to invite Sen. Pacheco to meet at a time that is convenient for him.

 

v     Brookfield Engineering Lab, Inc. was acknowledged as a sponsor of the Kramer Park Maintenance Fund for the 2005 program.

 

v     Chairman Perkins asked the Board to return the annual evaluation forms for the Town Manager to him as soon as possible.

 

Selectman Andrews expressed concerns with no middle choice between “meets most” or “meets minimal” expectations.

 

Selectwoman Brunelle advised that there is room for a narrative when answering.  She also asked Mr. Healey to give the Board an update on what projects he is currently working on.

 

v     The Board was given copies of the Agricultural Commissions ‘draft’ Stable Permit requirements.

 

Copies will be given to departments for comment, and the Board will develop a policy on March 28th.

 

CORRESPONDENCE

 

ü      Chairman Perkins suggested the availability of the servers be included in the IT Director’s report.

 

ü      Jack Hamm will be asked to provide more information regarding his request to be part of the Water, Wastewater, and Health Department Review Committee.

 

ü      Michael Grant will be asked to remove the trailer located at 529 Wareham Street.  The Board had given him permission to store the trailer for 60 days in February of 2004.

 

ü      The Building Commissioner is requesting an article for Town Meeting for a new vehicle for his department.

 

Discussion ensued on the Capital Planning Committee.  Mr. Healey said he had asked the Moderator to appoint a replacement member for Pat Rogers.

 

Selectman Andrews volunteered to be the Board’s representative.

 

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

VOTED:  To send a letter to Lorraine M. Salvatori saying the Board has no objections to her request to marry at the Herring Run on Wareham Street, and to use the DPW parking lot.

Unanimous Vote.

 

            A copy of the letter will be sent to the Herring Fisheries Commission.

 

ü      Mr. Healey will talk to the Highway Superintendent in regards to a letter from the Massachusetts Bay Commuter Railroad Company concerning the application of road salt on highway/railway grade crossings.

 

ü      Chairman Perkins will attend a meeting with the Housing Authority on March 9th to discuss their request to transfer property.  Selectman Wiksten is also available to attend.

 

ü      Correspondence from the DOR will be sent to the Treasurer/Collector and the Town Accountant.

 

ü      Mr. Healey will look into correspondence from MEMA regarding Snowstorm Disaster Aid.

 

ü      Mr. Healey will check with the Cable Committee in regards to correspondence from Rick Colon, Verizon, who asks to begin discussions on obtaining a Cable TV franchise.

 

 

 

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

VOTED:  To enter into Executive Session at 9:13 PM, not to return to Open Session, to discuss Litigation Strategy and Contract Negotiations.

            A poll vote was taken.  Selectman Wiksten, Selectwoman Brunelle, Selectman

Andrews, and Chairman Perkins approved.

            VOTE 4 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN