SELECTMEN’S MINUTES

JANUARY 14, 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 Selectman Wiksten and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Minutes of January 7, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Health Officer – RE: Budget FY ’03

Jeanne Spalding was present. She explained that there were no significant line item increases in her budget, and she has kept the budget the same as this past years. The total budget request is $242,341.00.

Mr. Healey suggested that the time be used to review suggestions that Ms. Spalding has made, including proposed increases in fees and new fees.

Selectwoman Brunelle noted that the budget for FY 03 will change for any non-union personnel when that Agreement has been settled.

Chairman Perkins asked if Ms. Spalding had prepared an alternative plan in case the budget needed to be cut severely.

Ms. Spalding said she had not. She noted that there is an increase of $3000 in reimbursement this year from Medicare. She noted that this took a lot of work on the part of the nurses.

Ms. Spalding also told the Board that she was pleased with the food service inspections this year. Almost all have been completed at this time. As a result of the education that has been done this past year, food borne illness reports have decreased by 33% for the first time.

The proposals are as follows:

Food Handler Certification Program

Ms. Spalding explained that every food handler that is not currently a certified food service manager, would be required to take an abbreviated food safety training program in the Health Department and be capable of passing a food safety quiz. The cost would be $10/person/year.

Ms. Spalding further suggested that a stipend could be given to a graduate student, or the Department of Public Health, to put together a program. The program would have a potential of putting $5000 per year back to the general fund.

Selectman Eayrs suggested the fee would have to be nominal, noting the influx of people in the food service industry.

Selectwoman Brunelle asked what would happen if a person did not pass the quiz. Ms. Spalding said more training would be provided. She noted it would cover only the very basics of food handling.

The program would be done through TV, booklets and videos.

Chairman Perkins said he was not opposed to the idea, but suggested a public hearing should be held. Ms. Spalding will give the Board a full presentation in March.

Housing Inspection Program

Ms. Spalding told the Board that there has been a number of rental housing units which have had numerous violations of various codes. Currently, inspections are done at the request of the landlord for $50.00.

Mr. Healey said that when he hired Ms. Spalding he had noted her strengths in housing codes and food service inspections. These were two (2) areas that the Town was lacking in. He is pleased with the progress that she has made. He suggested "phasing in" a mandatory program, perhaps starting in certain areas of Town. Mr. Healey felt that if this was not a mandatory program, problems won’t be picked up, and the result could be life threatening.

Chairman Perkins said he would not be in favor of "phasing in" this program. He suggested a public hearing should also be held for this.

Selectman Eayrs agreed it was a good idea. He suggested a baseline should be established for all rental units based on the number of units.

Ms. Spalding will put together a presentation for the Board.

Fee Schedule Review

Ms. Spalding suggested several areas that could be charged a fee:

  1. Sandblast/aquablast permits $50.00
  2. This would ensure these procedures will not contaminate ground water, air quality or create a nuisance in the neighborhood.

    Ms. Spalding explained that this would eliminate concerns about lead paint, and making sure the proper procedure was used.

  3. Double fees for operation without a permit
  4. Food vending machine (Potentially Hazardous Foods) - $25.00
  5. Ms. Spalding noted that large operations are using vending machines that have sandwiches, and yogurt, and other "potentially hazardous foods". There is a set of regulations for this including time, temperature and dating.

  6. Increase excise tax on trailers monthly from $12 to $15
  7. Mr. Healey said he believed the current fee is $12, but he would check.

  8. Well report review $10 – Requiring a well test and report for change of owner/sale of property.
  9. Ms. Spalding said testing would be done with change of ownership. This would assure the new owners good quality water.

    Selectman Eayrs and Chairman Perkins agreed this was a good idea.

  10. Title V Report Review Fee
    1. Increase in habitable space requires Title V inspection.
    2. Building permit (garages, sheds) triggers Title V inspection if not Title V as Built is available.
    3. Ms. Spalding noted that she currently does about a dozen inspections per week. She said there are concerns with people who put additions on top of septic systems.

      Selectman Rogers said he had concerns with triggering an "inspection" because of the construction of a garage or shed. Ms. Spalding suggested, at the minimum, locating the system.

    4. Any room which may be considered a bedroom can be viewed as a bedroom.
    5. $50.00 – Emergency Plan Review or Certificate of Compliance Fee
    6. Ms. Spalding told the Board that this was a "frustration fee". She noted that there are sometimes an abundance of "emergencies". She suggested the fee be charged for having to do inspections before the period of time allowed.

    7. Lodging House is currently $20.00 – Add $10.00 per room fee.

Ms. Spalding explained that there is currently a flat fee. She suggested that some inspections take much longer because of the number of rooms. A sliding scale was suggested, charging a fee for 1 – 5 rooms……and above.

Violation Fees

Ms. Spalding suggested the following:

  1. Stagnant Pool/Standing Water Violation – associated with a stagnant water Board of Health Regulations as a result of West Nile Virus impacts.
  2. Pool Fence Violation

Currently, Ms. Spalding uses the Fourth District Court in Wareham. Chairman Perkins asked if she had considered using the Brockton Housing Court. Ms. Spalding said it is very hard to get issues through in that Court.

Regionalize Services

This would offer some of the Health Department services to surrounding smaller Towns on a similar fee basis as to what we currently charge, plus a travel fee. Services to cover such as:

Food Service

Septic Plan Review

Housing Inspection due to tenant complaints

Other areas that can be looked at include:

Stable inspection fees through Animal Control Officer

Unvaccinated/unlicensed dogs through Animal Control Officer

Burial permits - $10 – through Clerk’s Office

Meeting with Building Commission – RE: Budget FY ’03

Bill Gedraitis was present to review the budget for the Building Department.

Overall, the budget decreased by $12,000.00. Linda Thomas suggested this could be due to the fact that the past year was 53 weeks.

A request is being made to increase In-State Travel by $200.00. Mr. Gedraitis explained this would help cover the meetings that they attend.

Mr. Healey told the Board that if cuts were necessary, the second inspector would be let go. Mr. Healey said that a point was made of asking candidates what they would do if layoffs occurred. The current inspector owns a construction business that is still functioning.

Ms. Thomas told the Board that inspections in the Building Department are getting caught up, and suggested if layoffs become a realty, the second inspector be made part-time. Ms. Gedraitis agreed, noting that benefits could still be earned at 20 hours.

Selectwoman Brunelle asked for a projection of anyone retiring within the next 5 years. Chairman Perkins suggested Mr. Gedraitis put an estimate in writing, based on the typical retirement age.

Mr. Gedraitis read his annual report for 2001 to the Board.

Hearing – Request for Title V Variance – 73 Faye Avenue

Chairman Perkins opened the hearing. Ms. Spalding was present. Homeowners Lorraine & Richard Wennerstrand were also present.

Ms. Spalding told the Board that there was no engineer present. It was also noted that the "green cards" were in the possession of the engineer. Ms. Spalding suggested going over the application.

The following variances are being requested:

  1. Use of sieve analysis in lieu of perc test per 310 CMR Section 15.104
  2. Ms. Spalding said a sieve analysis is acceptable.

  3. Reduction of the setback from foundation wall 20’ to 13’ per 310 CMR Section 15.450(1)(b)
  4. Ms. Spalding said this is necessary due to the limited area available for upgrade of this system. She did suggest, per DEP recommendations, that 40 ml poly barrier be used.

  5. Use of fabric liner to mitigate potential sewage breakout in lieu of concrete retaining wall per 310 CMR Section 15.255(2)
  6. Ms. Spalding said this is acceptable.

  7. Reduction of the setback of the S.A.S. from the abutter’s well on Lot 1946 (Smusz) form 100’ to 90± and from owners well form 100’ to 50’± per 310 CMR Section 15.405 (1)(b)
  8. The Health Department suggests a baseline well test of the abutter’s well and either consideration of relocating the locus well further than the 50’ or a follow-up well test in a year.

  9. Deed restriction limiting the dwelling to (2) bedrooms recorded per 310 CMR 15.240(5)
  10. Ms. Spalding told the Board that the Assessors records indicate a one bedroom home. Under Title V., it is the Health Department’s understanding that there be no increase in flows with the variances requested thereby requiring the dwelling to be restricted to a one bedroom.

    Mr. Wennerstrand told the Board that when they bought the property six (6) years ago, there were two (2) bedrooms. He did not want to have a deed restriction.

    Mr. Healey said that limiting the deed restriction to two (2) bedrooms would exceed the known capacity.

    Selectman Rogers noted that the Board could "approve anything", but it will have to be approved by the DEP, and they could disagree.

    Mr. Wennerstrand asked if the system could be enlarged. Mr. Healey said that, according to the engineer, it could not.

    Mr. Healey asked what the reason was for a new system. Mr. Wennerstrand said he wanted to do this while they could afford it.

  11. Reduction of S.A.S. required area by 25% per 310 CMR Section 15.405(1)(d)

Ms. Spalding suggested that the hearing be continued, to allow the owners to have representation from their engineer, and to allow the homeowners to present documentation that the property was sold as a two-bedroom home. Additionally, the engineer should address the concerns of the Health Department in regards to the proposal.

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

VOTED: To continue the hearing to February 28, 2002.

Unanimous Vote.

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

Mrs. Pike contacted the Board’s Secretary to ask for a continuance on the request. She said that they are continuing to work with the engineer, but plans are not ready yet.

The Board’s continued the hearing to February 11, 2002.

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

Selectman Rogers told the Board that the Committee has not had time to review comments that were made by Pat Kayajan. The meeting was rescheduled for February 11, 2002.

NEW BUSINESS

Acceptance of Contribution – 2001 Rodman Ride for Kids

Chairman Perkins read a letter that the Board received from Don Rodman. Because of the success of the 2001 Rodman Ride for Kids, they are making a contribution to the Town in the amount of $2000, to be used for youth programs within the community.

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

VOTED: To accept the donation of $2000 from Rodman Ride for Kids and forward it to the Park Department for use at the playground.

Unanimous Vote.

Request to Appoint Environmental Certifying Officer for FY 2001 Grant #5397

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

VOTED: To appoint John Healey as the Environmental Certifying Officer for FY 2001 Grant #5397.

Unanimous Vote.

Request to Appoint Special Police Officer – Middleborough Police Department

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

VOTED: To appoint the following individuals as Special Police Officers:

David Enos Mike Mills

John G. Mills Todd Sarkisian

Unanimous Vote.

Request to Approve Plan for Description of Plymouth Street School

The Board received notice from Town Counsel regarding the Plymouth Street School deed to the Town. The Buyer’s surveyor has advised the buyer that the deed cannot be for the Plymouth Street School. The described directions, and frontage differ from the actual site.

The surveyor has drafted a plan for a description of the property. Attorney Murray is asking if the Board wishes to agree to use this as the description.

Mr. Healey noted that the letter mentions that Attorney Murray had asked his title examiner to see if a deed could be found to the Town or a school district for the school property. There was no results given.

The Board asked their Secretary to get additional information and clarification from Attorney Murray, and to table this until February 28, 2002.

Request to Approve License Agreement – Water Department

The Board received a request from Richard Tinkham, Water Superintendent, to approve a License Agreement between the Town and Mr. Edward W. Parks, allowing the Water Department to explore for water on his property in the Black Brook area of South Middleboro.

Mr. Healey told the Board that he had had a conversation with the Town Planner regarding water exploration on this property. He told her he would as Dave Hill to take a look at the maps, to see if any portions of Mr. Parks’ property might be a good bet for water exploration. He told the Board that most of the property is very shallow to bedrock. One portion of the site held some promise. It is near the interchange of Highland and Miller Streets. Mr. Parks has agreed to allow a seismic line to be placed there.

Selectman Rogers noted that there are other issues, including resource areas of New Bedford. There are also two (2) brooks on the property.

Mr. Healey said the site is more than 200 feet from either brook.

Selectman Rogers asked why this site had been picked. Mr. Healey said the Town Planner had asked if there was a potential at this site. Selectman Rogers asked if there were other properties being tested. Mr. Healey said there are not. He noted there is an annual exploration budget.

Selectman Rogers said that the Board needed to do due diligence on the Fuller Street property. Mr. Healey said that is an immediate project.

Selectman Rogers asked what the dollar figure is going to be for the exploration.

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

VOTED: To table the request until January 28, 2002 to allow the Town Manager to get a cost estimate.

Unanimous Vote.

Request to Rent Town Hall Auditorium – EPIC

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

VOTED: To approve the request of EPIC to rent the Town Hall Auditorium on Friday, March 19, 2002 and Friday, April 5, 2002 from 9:00 AM to 3:00 PM.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Roux Associates

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

VOTED: To approve the request of Roux Associates, Inc. to rent the Town Hall on January 31, 2002 from 7:30 to 10:00 PM.

Unanimous Vote.

Request to Add Hours to Common Victualer License – Sheldon’s Café

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

VOTED: To approve the added hours of Friday and Saturday evenings, 4:00 PM to 7:00 PM for Sheldon’s Café.

Unanimous Vote.

Request to Approve New Street Name – "Upland Drive"

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

VOTED: To approve the name "Upland Drive" as a new street name for a cul de sac off Old Center Street.

Unanimous Vote.

Request for Stop Sign – Clay Street & Old Center Street

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

VOTED: To approve the request made by Police Chief Russell to place a stop sign on Clay Street stopping traffic as it enters Old Center Street.

Unanimous Vote.

Request for Stop Sign – North Grove Street & Anderson Avenue

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

VOTED: To approve the request made by Police Chief Russell to place a stop sign on North Grove Street at Anderson Avenue to stop all West Bound traffic.

Unanimous Vote.

Request to Waive Fees – Burt Wood School of Performing Arts

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

VOTED: To waive the fees for the rental of the Town Hall Auditorium on February 16, 2002 and April 26th.

VOTE 4 – 0 –1 (Selectwoman Brunelle abstained)

OLD BUSINESS

Chairman Perkins noted that the Board had tabled a request regarding obtaining an easement from the State at the Washburn Mill property. Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To ask the Town Manager to get input from the Washburn Mill Committee regarding the request.

Unanimous Vote.

Chairman Perkins will contact Rita Garbitt, Lakeville’s Administrator, to give her dates that he and Selectman Wiksten are available to meet as representatives to the Lakeville Re-Use Committee.

TOWN MANAGER’S REPORT

Mr. Healey gave the Board an update on the Fuller Street property. He told the Board that he and Richard Tinkham have met with the groundwater people and they believe there is a location that should be evaluated by test wells that could yield a 100,000 g.p.d. well that would be back far enough to meet D.E.P.’s regulations. They are contacting the well drillers to check on their availability.

Discussion ensued on the amended proposal that the Board had received for the property. Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To authorize the Town Manager to request quotes for the purpose of appraising the property on Fuller Street.

Unanimous Vote.

Chairman Perkins reminded Mr. Healey that the appraisal for Soule Homestead is overdue. Mr. Healey will check on this.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by SEMASS Partnership for December 2001 in the amount of $11,035.85.

Unanimous Vote.

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

VOTED: To pay the bill in the amount of $60.00 submitted by Watch 24 Security Systems for work done at the West Side School.

Unanimous Vote.

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

VOTED: To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $295.33, $101.24 and $38.89, totaling $435.46.

Unanimous Vote.

OTHER

Selectwoman Brunelle asked if those Committees that the Board had requested have their own budget have been given one. The Board’s Secretary said she was aware of the Personnel Board’s. Jane Lopes said the Historical Commission has also been given their own.

The Board discussed the line item "Union Negotiator – Contract". It was suggested that this be changed to "Labor Counsel". There is a line item called "Professional Negotiator" that has $1.00 in it.

It was noted that bills have not yet been received for the appraisals on the Town-owned land.

The Board suggested tabling the discussion for two (2) weeks.

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

VOTED: To award a bid to State Street in the amount of $292, 268.00 at 2.09% for Chapter 90 Highway Renewal.

VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

Mr. Healey said he has asked Donald Boucher to submit a one year plan for the monies, by Wednesday.

Mr. Healey said Oak Point has not been approved for additional units yet. He did not know what the time frame would be for Town Meeting. He will speak to Mr. Boucher first.

Selectman Rogers suggested the information be given to the Board in the next couple of weeks.

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

VOTED: To approve two (2) vacation days for the Board’s Secretary, January 18th and 25th.

Unanimous Vote.

Selectman Rogers said he has had a conversation with the Planning Board Chairman. He is checking the schedule to let them know when they can meet.

The Board suggested that the Town Manager make arrangements for a meeting.

CORRESPONDENCE

 

 

 

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

VOTED: To adjourn at 9:17 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN