SELECTMEN’S MEETING

JANUARY 28, 2002

 

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

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

Selectman Wiksten was absent.

Chairman Perkins told the Board that Bob Lessard was present to make a presentation to the Board.

Mr. Lessard told the Board that, in researching Wayne Caron, he discovered that there was a plaque hanging in his honor at the former St. Luke’s Hospital. Mr. Lessard presented the plaque to the Board. It read ‘In Memory of Wayne M. Caron – Navy Hospital Corpsman – Medal of Honor Posthumously – Vietnam "1968".

In addition, there is a little of $600.00 remaining in a fund that was set up in Mr. Caron’s honor. Mr. Lessard suggested making the plaque into a larger display, incorporating the wording from the Citation that was given in honor of Mr. Caron.

Mr. Lessard also suggested that a sign declaring the Medal of Honor winners be donated to the Weymouth Naval Air Station.

Selectwoman Brunelle suggested that the Town Manager come back to the Board with estimates before proceeding.

Chairman Perkins thanked Mr. Lessard for his efforts.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of January 14, 2002.

Unanimous Vote.

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

VOTED: To approve the Minutes of January 22, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of January 22, 2002.

Unanimous Vote.

 

 

HEARINGS, MEETINGS & LICENSES

Meeting with Town Clerk/Accountant – RE: Budget FY ’03

Sandy Bernier was not present. The Board questioned an item on the proposed budget concerning part-time staffing.

The Board will ask Ms. Bernier to meet with them next week.

Meeting (cont.) – Request for Title V Variance – 73 Faye Avenue

Darren Michaelis, engineer for S & R Land Surveying, Inc., was present to represent the homeowners. The green cards were returned.

The Board had previously discussed the request. At that time there were concerns regarding the number of bedrooms. The owner says there was a family room, being used as a bedroom, when they purchased the home. Discussion ensued on moving the location of the septic system.

The owner said he did not have a problem with a deed restriction for one bedroom, but would like to be able to add on a den if he chose to later. Ms. Spalding said she would work with them at that time.

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

VOTED: To grant a Title V Variance for 73 Faye Avenue as follows:

    1. Use of sieve analysis in lieu of perc test per 310 CMR Section 15.104
    2. Reduction of the setback from foundation wall 20’ to 13’ per 310 CMR Section 15.450(1)(b). A 40 ml. poly barrier is required.
    3. Use of fabric liner to mitigate potential sewage breakout in lieu of concrete retaining wall per 310 CMR Section 15.255(2)
    4. 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)
    5. A follow-up baseline well test of the abutter’s well shall be conducted in one year.

    6. Deed restriction limiting the dwelling to (1) bedroom recorded per 310 CMR 15.240(5)

Unanimous Vote.

Meeting with M.I.S. Director – RE: Budget FY ‘03

Roger Brunelle was present. He asked if the Board had any questions regarding his proposed budget.

Chairman Perkins asked why there were increases in the Equipment Maintenance and Software Maintenance accounts.

Mr. Brunelle explained that 52 PCs will be coming off of warrantees. Outside servicing will be needed. The software increase is for additional software requirements, including buying licenses. He also said that a 5-year contract for LOIS, which is the legal software that provides updated State laws, will be expiring. This will be a projected cost of $2,160.00 per year.

Selectman Rogers asked how many licenses the Town has on software. Mr. Brunelle said every piece of software has a license. He noted that, where there had been no problem in the past upgrading Microsoft, this can no longer be done. A program has been offered that cost 3x the money, but 1/3 of a new license. He said we currently own 187 licenses. There is also the AS400 servers and PCs.

Selectman Rogers asked if all Town departments software purchases are done through him. He said the main software is. Additionally, departments can purchase their own software. He noted that the Police Department has done this through grants.

Chairman Perkins asked why $25,000 was being budgeted again next year in the capital outlay account. He said he had thought this was a one time item for last year.

Mr. Brunelle said this is used for new equipment that "crops up between Town Meetings". He said because of the change in the upgrading procedures the cost has gone from $96.00 to $193.00. 120 units out of 156 units have been done.

Mr. Brunelle said he has also received requests from nine (9) department heads to have the program "Access". Selectman Rogers asked if the requests are done through the Town Manager. Mr. Brunelle said they are not, and this has been the process since 1990.

Mr. Brunelle told the Board that he is requesting the additional funds, but he had also requested it last year and did not receive it.

Selectman Rogers said that he thinks the Town Manager should be overseeing the requests that are made.

Mr. Brunelle said that he has always reported to the Board. He said the purpose is to keep the department independent and operational, so that no particular department would have a self-interest. He noted that the Town Manager is responsible for other departments.

Selectman Rogers also questioned the equipment lease. He noted that the Peirce Trustees had funded $40,000 for equipment. He asked why there was no reduction in this.

Mr. Brunelle said that this is for outstanding leases that are now pending. One will be paid off this year, and another in April. The number could be reduced by $935./month for May and June. He said that the larger lease will be gone in 2005.

Chairman Perkins asked for an update on the I-loop. Mr. Brunelle said that testing was done today. There is a scheduled meeting for certification. Once this is done, all departments will be up and operational. He said this should be done soon.

Hearing – Request for Conduit – Nemasket Street – Verizon

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, January 28, 2002 at 7:50 PM, for the purpose of discussing the petition filed by Verizon New England, Inc., to place conduit on Nemasket Street. This petition is necessary in order to relocate telephone lines for a bridge construction project. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Allen Tanapoli, of Verizon was present. He explained that because of the Nemasket Bridge project, Verizon had been approached to remove telephone and cable lines to allow for big machinery. As a result the request is being made to place conduit.

Mr. Healey asked if this would be a permanent installation. Mr. Tanapoli said this has not yet been determined. He said the G&E Department want to bring the poles back. The telephone lines would stay in the conduit.

Discussion ensued on whether or not the conduit was large enough for all three. Mr. Tanapoli explained that a separate conduit would be needed for the municipality. The electrical would be the deepest, needing 12 inches between it and anyone else. Cable has their own conduit, and Verizon has their own. Mr. Tanapoli said he had spoken to the G&E Department, and they are not interested in doing this.

Selectwoman Brunelle asked if the conduit would be in the road or under the bridge. Mr. Tanapoli said it would be in a trench along the side of the bridge in a grassy dirt area, and then come up to Pole #8 on Nemasket Street.

Mr. Healey said he did not believe the grassy strip would be there when the bridge was done. He said he was at a loss as to where there would be room for conduits. Mr. Tanapoli said that the person representing the bridge company did not express any concern with his plan.

Mr. Healey suggested the G&E Department should be approached to go beneath the surface to get all utilities off of the poles.

Mr. Brunelle told the Board that they would have to pay a lease to Verizon for the conduit. The only system that is not charged is the fire alarm system. Other purposes pay for licenses.

Selectman Rogers asked if the set up of the utilities was included in the plans for the bridge. Selectwoman Brunelle suggested getting clarification on these issues.

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

VOTED: To continue the hearing to February 11, 2002.

Unanimous Vote.

Meeting with Town Manager – RE: Budget FY ’03

The Board reviewed the Town Manger’s budget request for FY ’03.

Selectwoman Brunelle questioned the amount for photocopy supplies. Mr. Healey told her that this is for actual expenses. It was noted that the Selectmen’s budget, other than the amount given for office supplies, does not provide for purchasing copy paper.

It was noted that the budget for the custodian and Town Hall and Bank Building were not included in the packet. Mr. Healey will get this information for the Board for next week.

Hearing – Request for WRPD Special Permit – Peck – 167 East Grove Street

Chairman Perkins read the following: "The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, January 28, 2002 at 8:15 PM, for the purpose of discussing an application filed by D. R. Peck Excavating, Inc., 8 Little Farm Road, Lakeville, MA 02347, for a Special Permit under the Water Resource Protection District Bylaw, for construction of a 60’ x 75’ building on a foundation for the use of storage of construction equipment owned and operated by David R. Peck IV, Owner/President of D. R. Peck Excavating, Inc. The property is located at 167 East Grove Street, Assessors Map 072 Lot 118, zoned GU; W.R.P.D. "Z4". Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

David Peck presented the green cards to the Board. He told the Board that he wanted to make it clear that the request was not for a repair shop, but building to store his equipment, and office space. He has had a business in Lakeville since 1987.

Mr. Peck told the Board that changes had been made on the plans to address concerns of several departments.

Selectman Eayrs said that letters should have been received from the departments saying that they are satisfied with the amendments.

Discussion ensued on the submitted request. Mr. Healey noted that items that were initialed on the checklist were not included on the plan. He said that the plan was incomplete, showing no contours, wetland resources or stormwater mitigation.

Selectwoman Brunelle asked if Mr. Peck had contacted the Fire Chief for a license to store gasoline. Chief Silva said he has not filled out an application. Selectwoman Brunelle suggested this be done before the next meeting.

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

VOTED: To continue the hearing for a request made by David Peck for a WRPD Permit to March 4, 2002.

Unanimous Vote.

NEW BUSINESS

Town’s Option to Purchase Chapterland – Grassi – Cherry Street

The Board had been notified in November that property on Cherry Street, owned by Richard Grassi, was under agreement. On December 10, 2001 the Board of Selectmen voted not to exercise the Town’s option to purchase the property.

The Board has been notified that the deal "fell through". Another P&S was signed for the same property, with an increased purchase price. The Town, once again, has to make a decision on whether or not to exercise the option to purchase the property.

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

VOTED: That the Town not exercise its option to purchase property on Cherry Street owned by Richard Grassi.

Unanimous Vote.

Request to Approve & Sign Betterment – 97 Plymouth Street

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

VOTED: To approve and sign a Septic Betterment Agreement in the amount of $10,500.00 for property owned by Richard Peterson, 97 Plymouth Street.

Unanimous Vote.

Jeanne Spalding asked the Board if the betterment agreements could be used for commercial property as well as residential. Mr. Healey will get a copy of the chapter and section regarding this.

Request to Rent Town Hall Auditorium – Kathleen Andrews

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

VOTED: To approve the request of Kathleen Andrews to rent the Town Hall Auditorium on February 23, 2002 for a birthday party.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Burt Wood School of Performing Arts

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

VOTED: To approve the request of Burt Wood School of Performing Arts to rent the Town Hall Auditorium on April 26, 2002.

VOTE 3 – 0 1 (Selectwoman Brunelle abstained)

OLD BUSINESS

Approve Plan for Description of Plymouth Street School

The Board received correspondence from Dan Murray asking to extend the closing date for the Plymouth Street School. He is also waiting for a response from his title examiner on the deed.

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

VOTED: To table the request to approve the plan until a response is given by the title examiner.

Unanimous Vote.

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

VOTED: To extend the performance of the Purchase & Sale Agreement to February 27, 2002.

Unanimous Vote.

Request to Approve License Agreement – Parks/Water Department

Mr. Healey asked that the Board to hold on this until exploration work is done on the property.

Review Selectmen’s Budget – FY ’03

The Board reviewed their proposed budget for FY’03.

The following changes were made:

TOWN MANAGER’S REPORT

 

 

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

VOTED: To hire Donahue & Associates as recommended above.

Unanimous Vote.

Selectwoman Brunelle asked if the payments are made from the Selectmen’s Engineering & Consulting budget. Mr. Healey said it is paid out of general government. He will speak to Judy MacDonald in terms of the budget savings.

The Board will meet with Mr. Johnson on February 25th.

Selectman Rogers suggested contacting Barnstable and Orleans for copies of their affordable housing plans.

Chairman Perkins asked if Town Counsel has begun exploring a methodology to recover costs. Mr. Healey said this is still being investigated.

SELECTMEN’S BILLS

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

VOTED: To pay four (4) bills submitted by Verizon in the amounts of $21.84, $21.86, $21.85 and $21.84, totaling $87.39.

Unanimous Vote.

 

 

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

VOTED: To pay the bill in the amount of $1,300. submitted by Linda Vintro for an Opinion of Value on Town-owned properties.

Unanimous Vote.

OTHER

There was no Other Business discussed tonight.

CORRESPONDENCE

VOTED: To put out the Request for Proposals for the Soule Homestead.

Unanimous Vote.

Mr. Healey will set a time line for the proposals. The Board’s Secretary will check with Sue McCusker to see what is necessary to satisfy the procurement act.

 

 

 

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

VOTED: To enter into Executive Session at 9:24 PM, not to return to Open Session, for the purpose of discussing acquisition of real estate and labor negotiations.

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

VOTE 4 – 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN