SELECTMEN’S MEETING

JANUARY 27, 2003

 

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 Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Minutes of January 13, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of January 13, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Representatives of Veterans Organizations – RE: Honor Roll

Donald Foye spoke to the Board on behalf of all the Veterans.

Mr. Foye said the veterans are asking for the WWI plaques to be restored to their original place in the lobby. He said Selectman Eayrs has good ideas to honor veterans of later wars.

Mr. Foye said he has not heard a good answer as to why the plaques cannot be returned to the lobby. He said the only answer that he agrees with was given by the Town Manager. That is that the plaques are not aesthetically proper. Mr. Foye said the plaques have been there for 80 years.

Mr. Foye presented several veterans wearing uniforms from past wars. He also referred to Fletcher Clark, who is deceased, and the disappointment he would express at the Board.

Mr. Foye said the original plaques were "temporary" in that they were to be done in bronze. However, the money to do this was donated to the completion of the Memorial High School. The plaques stayed wooden.

Selectman Eayrs said he had met with the veterans at the Historical Commission’s meeting and made a presentation. He said he agrees with what Mr. Foye has said, but his priorities are slightly different. He said the problem with the plaques was created, not by the Board of Selectmen, but by the restoration of the Town Hall. He said there had been miscommunications with the Building Committee, as to whether the plaques would be returned. He said the discussion regarding the plaques has been ongoing for 1 –2 years. He said he felt very strongly that the Board acts.

Selectman Eayrs said he wanted to develop a comprehensive memorial to all veterans in this town. He said space should be reserved for a solemn and consistent memorial listing all veterans. He said the Board has received information that the heating duct in the lobby cannot be obstructed. He said if it had been known that the plaques were going to be returned to that area, the design would have been different.

Selectman Eayrs said he did not agree with lowering the eagle. This would make it lower than some of the plaques, and would obscure the arch.

Selectman Eayrs said he hoped the plaques, which are valid historical documents, could be hung in the Town Hall. He suggested hanging them in the Selectmen’s Meeting Room, along with the placement of other memorabilia, and to rename the room in an appropriate fashion, such as "Veterans Memorial Room" or the "Fletcher Clark Meeting Room".

Selectman Eayrs said that the price tag on the proposed new plaques is $11,000. This would include 9 or 10 tablets, each with 50 names. He hoped to get this in place before Memorial Day. He suggested approaching the Peirce Trustees for funding. Selectman Eayrs said he felt this was a fair compromise.

Selectwoman Brunelle said she had also attended the Historical Commission meeting. It had been suggested to make the eagle smaller, or create smaller eagles to be hung on both sides of the plaques. She said she agreed to permanent recognition to all veterans. She had previously suggested a memorial park to be built outside, but Selectman Eayrs’ suggestion would be good for the interim.

Selectwoman Brunelle also noted that the Building Committee had taken great pains to discuss the plaques when the building was being restored. She said the veterans had been approached.

Selectman Wiksten, who did not attend the Historical Commission’s meeting, asked if the Veterans were against the making of a replica of the eagle. Mr. Foye said they were not against this, but wanted the plaques hung back in their original place.

Selectman Wiksten noted that the plaques had endured a horrific fire, and suggested "making them more presentable". Mr. Foye said he did not agree with altering the plaques, as they are a "matter of history".

Selectman Rogers felt that the placement of the plaques in the Selectmen’s Meeting Room, and the renaming of the room, would preserve the plaques "to a higher point". He also supported enhancing the memorials on the Town Hall lawn.

Kevin Cook said he is spearheading the outdoor memorial. A meeting with the Historical Commission has been scheduled for February. He also said he hoped the proposed indoor plaques would not be a temporary memorial. He suggested holding on funds to put all names outside, etched in stone.

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

VOTED: To approach the Peirce Trustees to create funding for a veterans memorial to honor veterans of all wars and conflicts, to reinstall the WWI places and the eagle on the wall in the Selectmen’s Meeting Room, to investigate the placement of other memorabilia in that room, and to change the name of the room to reflect its purpose as a Veterans Memorial room.

Unanimous Vote.

Paul Gagne, a Vietnam veteran, said Selectman Eayrs and Selectwoman Brunelle should be ashamed of the "distorted way the case was presented". He said everything regarding the Building Committee could be disputed. He said the plaques were taken down without proper representation, and they, along with the eagle, should be put back up.

Hearing – Request for Earth Removal Permit – Doyle – Plympton Street

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 27, 2003, at 7:30 PM, for the purpose of discussing an application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Doyle Cranberry Co., for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 035 Lot 1086 & Map 026 Lot 5825. The reason for this request is for construction and expansion of an existing agricultural activity (cranberry cultivation). Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Glenn Amaral, GAF Engineering, Inc., was present to represent the applicant. He returned the green cards.

Mr. Amaral explained that he is actually asking for an extension of a current permit. He said the project has never been completed. In addition, the applicant has obtained the abutting property, and will be asking to expand the project. This will be done through a new application at a later date.

Mr. Healey asked how long the entire project would take. Mr. Amaral said probably two (2) years.

Selectman Wiksten asked how much of the original plan has been completed. Mr. Amaral said about 75%.

Selectman Wiksten noted that the additional parcel, which belonged to Mr. Melville, had had a problem with "over excavation". He asked if this would be addressed within the two (2) years. Mr. Amaral said it would.

Mr. Healey said he was concerned that the Melville section be regraded and slopes fixed. He said there should be a commitment to make sure the grading gets done on the Melville piece this summer. He said he was worried that moving material might be of greater interest than regrading.

Chairman Perkins noted that the Board wants to work with Mr. Doyle, as this is an opportunity to clean up the Melville property.

Selectman Wiksten said he would like to see the project keep moving, and suggested another on-site visit.

Warren Boutin, an abutter at 186 Plympton Street, addressed the Board. He said he lives across the street from this property. The project has been going on for three (3) years. Mr. Boutin said when the prevailing wind blows, the dust and diesel fumes are horrendous. He also noted that there are 50 – 60 loads every day, and asked if there was a limit on this. The Board’s Secretary will check.

Selectman Wiksten asked Mr. Doyle if his contractor was still ‘Lopes’. Mr. Doyle said it is. Selectman Wiksten said there are dust control units. Mr. Boutin said he has contacted Mr. Lopes, and within a day or two, the mud dries out.

Selectman Wiksten asked if he has had a sweeper. He suggested increasing the paved area going to the street. Mr. Healey said he would look into this.

Mr. Doyle said "ground up gravel" had been put down from the paved section for almost 3000 feet. He said this has somewhat deteriorated and suggested redressing it.

Hearing no further discussion, the hearing was closed.

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

VOTED: To give a five (5) month extension as requested by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Doyle Cranberry Co., for an existing Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 035 Lot 1086 & Map 026 Lot 5825, after which an application for a new permit will be filed.

Unanimous Vote.

Chairman Perkins asked Mr. Amaral to address the concerns of the neighbors.

Meeting with Oralie Guetty – RE: Request for Sewer Extension

Chairman Perkins explained that this is a continued discussion. Selectman Rogers said the property is within the OD district and would like to see commercial/industrial development. He also suggested that the applicant be asked to define the lots, submitting a plan to the Planning Board. Also, perform perc tests to see what property, if any, would hold an onsite system. Any sites not capable would have the Board’s approval to tie into the Campanelli system, provided Ms. Guetty paid for all fees and permits.

Mr. Phelps, a friend of Ms. Guetty’s, said this was an interesting, and fair, offer. He noted that 10 acres are necessary for industrial/commercial development. Ms. Guetty owns 9 acres. Her ex-husband owns one (1).

Mr. Phelps noted that percs had been done prior to 1995. It was noted that Title V requirements have changed since this time.

Mr. Healey said that re-percing may yield some positive results. He said it made sense to go through the process, and to get approval from the Planning Board.

Mr. Phelps said he wanted to be sure the Board would commit to allowing the connection.

Selectman Eayrs said the Board wouldn’t change its mind. He said the concern has been not to establish a precedent.

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

VOTED: "That Ms. Guetty prepare a building plan for residential use for submittal and approval to the planning board based on current zoning requirements;

Upon approval by the planning board, the applicant shall have percolation and soil evaluations performed on each lot in accordance with existing Title 5 onsite septic system rules and regulations;

That onsite septic systems shall be constructed on those lots that meet present Title 5 onsite septic system rules and regulations;

That the Board of Selectmen agree to allow septic from those lots that cannot pass Title 5 requirements to be pumped into the existing Campanelli sewerage collection system through an easement through Ms. Guetty's property.

Further, the Board of Selectmen agree that the property's best use is for commercial/industrial development and that Ms. Guetty agrees to work with the Town Manager and others to market and the property for this use, and to attempt to obtain additional acreage to meet the 10 acre rule, or agree to sell the property to adjacent commercial/industrial owners."

Unanimous Vote.

Neil Rosenthal questioned the Board on allowing the tie-in, and setting a precedent. Mr. Healey noted that there is an easement, and doesn’t constitute an extension. He said this is a "gray area".

Public Hearing – Review Articles for Special Town Meeting

Selectwoman Brunelle asked if Department Heads who had placed articles had been invited. Chairman Perkins noted that the Board has not asked for this. Selectwoman Brunelle suggested to continue the hearing to next week.

It was noted that one of the articles, regarding a request for police cruisers, will be removed from this Warrant and placed on the Annual Town Meeting Warrant.

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

VOTED: To delete Article 15.

Unanimous Vote.

Mr. Healey requested an additional article be placed on the Warrant. The article was prepared by Rep. Tom O’Brien’s office, and is needed in order to petition the Legislature for a Liquor License for Cirelli’s.

Mr. Healey said he had thought this could be done without being petitioned by the Town, but has been informed that it moves more rapidly if done this way. Rep. O’Brien had advised that this is the process to follow.

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

VOTED: To open the Warrant.

Unanimous Vote.

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

VOTED: To insert the following article: "Notwithstanding the provisions of section seventeen of chapter one hundred and thirty-eight of the General Laws, the licensing authority of the Town of Middleborough may issue a license for the sale of all alcoholic beverages not to be drunk on the premises under provisions of section fifteen of said chapter one hundred and thirty-eight to Charles B. Dillon d/b/a Cirelli Foods, Inc. Said license shall be subject to all the provisions of section seventeen of chapter one hundred and thirty-eight, except section seventeen; provided, however that the licensing authority shall not approve the transfer of said license to any other person organization or corporation or location; and provided further that the granting of this license shall reduce by one any increase in licenses granted due to census reapportionment under section seventeen."

Unanimous Vote.

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

VOTED: To close the Warrant.

Unanimous Vote.

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

VOTED: To continue the public hearing until next week.

Unanimous Vote.

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

VOTED: To send a letter to all Department Heads, requesting them to be present at the Public Hearing if they have submitted an Article.

Unanimous Vote.

NEW BUSINESS

Request to Approve Change of Name on Underground Storage License – "ConocoPhillips Company"

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

VOTED: To approve the ‘Change of Name’ on the Underground Storage License for property located at 150 South Main Street, to ‘ConocoPhillips Company’.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Lincoln D. Lynch – EPIC/PTA

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

VOTED: To approve the request made by EPIC/PTA to rent the Town Hall Auditorium on April 7, 2003 from 8:30 AM to 3:00 PM for a puppet show.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Charles Armanetti

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

VOTED: To rent the Town Hall Auditorium for a piano recital on Saturday, March 8, 2003 from 1:00 PM to 5:00 PM.

Unanimous Vote.

Request for Sewer & Water Facilities Confirmation – Meridian Engineering, Inc.

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

VOTED: To approve the sewer & water allocation as requested from Meridian Engineering, Inc. in a letter to the Board dated January 8, 2003.

Unanimous Vote.

Request to Appoint Special Police Officers – Town of Bridgewater

The Board received a request from the Chief of the Bridgewater Police to name the Bridgewater Police Officers as "Special Officers" for the Town of Middleborough. Bridgewater will do the same for the Middleborough Officers. The request is being made because of a recent court case in which a police officer arrested someone in another Town.

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

VOTED: to appoint the following members of the Bridgewater Police Department as Special Police Officers in the Town of Middleborough:

Dave Randall Thomas Lagrasta Chief George K. Gurley

Dennis Smerz Robert Bailey Lt. Michael Bois

Gary Lemoine Anne Schuster Lt. Kevin Chiocca

Mark Battistini George Zanellato Sgt. Robert Irving

Robert Rae Deane Ferioli Sgt. William Nicolas

Michael Botelho Stephen McGinn Sgt. Thomas Schlatz

William Lemanski William Griffiths Sgt. Christopher Delmonte

Carl MacDermott Phil Rand Sgt. Robert Lincoln

Daniel Brophy Matthew Lynch

John Hobson Robert Gray

Dennis McLean Steven Kingsley

Robert Fernandes Lisa Mitton

Lawrence Bresciani Edward Querzoli

Joseph Demoura Kelly Robson

Christopher Shaw

Unanimous Vote.

Request to Approve Race Dates – Capeway Rovers M/C

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

VOTED: To approve the following Sunday race dates for Capeway Rovers M/C:

March 23, 2003 September 7, 2003

April 13, 2003 October 12, 2003

July 6, 2003 October 26, 2003

August 10, 2003

And the following Saturday dates:

March 29, 2003 July 19, 2003

April 5, 2003 July 26, 2003

April 26, 2003 August 16, 2003

May 17, 2003 August 23, 2003

May 31, 2003 September 13, 2003

June 21, 2003 October 18, 2003

July 12, 2003

Unanimous Vote.

There is no increase from last years dates.

Request for One Day Liquor Licenses – Capeway Rovers M/C

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

VOTED: To approve One Day Liquor Licenses for the following dates:

March 23, 2003 September 7, 2003

April 13, 2003 October 12, 2003

July 6, 2003 October 26, 2003

August 10, 2003

Unanimous Vote.

Request for Sunday Entertainment License – Capeway Rovers M/C

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

VOTED: To approve a Sunday Entertainment License for Capeway Rovers M/C for the following dates:

March 23, 2003 September 7, 2003

April 13, 2003 October 12, 2003

July 6, 2003 October 26, 2003

August 10, 2003

Unanimous Vote.

Request to Appoint Warden – Middleborough/Lakeville Herring Fishery Commission

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

VOTED: To appoint Luke Leonard as Warden to fill the unexpired term of Randall Kenny.

Unanimous Vote.

Request to Appoint Volunteer – Middleborough/Lakeville Herring Fishery Commission

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

VOTED: To appoint Tom Debrum, Lakeville, as a volunteer.

Unanimous Vote.

Request to Expend Funds – Middleborough/Lakeville Herring Fishery Commission

Discussion ensued on the request to expend funds to purchase jackets for all new volunteers who have been appointed to the commission. The cost is $70./jacket.

Mr. Healey said he recommended favorable action.

Selectwoman Brunelle said she is not opposed to identification, but suggested something less expensive, such as a patch.

Mr. Healey explained that it is important, for enforcement purposes, that the volunteers be identified as official people.

The Board will ask the Commission what its policy is for volunteers who resign.

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

VOTED: To approve the request to expend funds.

VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

Request to Approve Street Name – ‘Elk Run Drive’ – E911 Database Coordinator

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

VOTED: To approve the street name "Elk Run Drive" for a cul de sac to be built off Wall Street at Map 45 Lot 5438.

Unanimous Vote.

OLD BUSINESS

There was no ‘Old Business’ to discuss tonight.

 

 

TOWN MANAGER’S REPORT

Chairman Perkins told the Board that the State’s deficit is not expected to be $650 million.

Mr. Healey said that the Governor has indicated he will not cut Chapter 70 monies. An adjustment to the School Budget could be made this year in the up to $355,705. The Superintendent acknowledges this and notes that this would have to be done on the Town Meeting floor.

Chairman Perkins said we won’t know if the Governor will cut Chapter 70 monies until he addresses the State. Mr. Healey said the legislature limits the amount he could cut in Chapter 70 money. This could mean a $900,000+ deficit for the Town.

Selectwoman Brunelle noted that, at a previous meeting with the Superintendent, she had indicated that she may have to request supplemental funding for the SPED program this year. The deficit could be as high as $250,000.

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

VOTED: To send a letter to the School Department, to put them on notice, that they will have to deal with any shortfall for this year within their own budget.

Unanimous Vote.

Selectman Rogers gave credit to the School Department for coming up with a plan.

VOTED: To authorize the Chairman to sign the 418 Community Development Plan Scope.

Unanimous Vote.

VOTED: To sign the Letter of Intent from Daniel Costello regarding the Use & Time Schedule for the Washburn Property Improvements.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $20.96 and $20.97, totaling $41.93.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.46 and $5.35 totaling $10.81.

Unanimous Vote.

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

VOTED: To authorize Town Counsel to pay the bill submitted by Daley & Witten, LLC.

Unanimous Vote.

OTHER

Request to Review & Approve Soule/Guidoboni Farm Lease

The Board reviewed the Draft Soule/Guidoboni Farm Lease, along with suggested corrections from Attorney Daniel Murray.

Selectman Rogers will make the corrections, and the final draft will be presented to the Board for their signature at next week’s meeting.

Review ‘Constable Application’

The Board reviewed two (2) ‘Constable Applications: One was 8 pages, the other 24 pages.

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

VOTED: To use both applications, the 24 page application for the initial request for appointment, and the 8 page for reappointment.

Unanimous Vote.

The Board’s Secretary will add wording to indicate the Constables must be Middleborough residents.

The Board discussed whether or not they wanted to limit the number of Constables for the Town. The Board’s Secretary will provide a copy of the statute, along with a list of the current Constables, for next week’s meeting.

The Board also discussed whether or not to charge a non-refundable fee for the application. Selectman Wiksten suggested the Police Chief be given a copy of the application, and asked what he feels the initial cost should be to cover the time involved in reviewing the application.

The Board will discuss this further at next week’s meeting.

CORRESPONDENCE

Mr. Healey said he will be meeting with Department Heads on Friday to schedule individual meetings with each Department to discuss cuts.

Chairman Perkins said it does not make sense to hire a new firefighter if he will be laid off in a couple months.

Mr. Healey noted that the Board’s policy for a hiring freeze included wording that would allow hiring if it would cost more money to back fill the position.

Selectwoman Brunelle noted that the Department Head must demonstrate, to the Board, that the position will cost more to fill on an overtime basis. This was not done with the Fire Department.

Chairman Perkins noted that public safety is important. However, he said that the Police Chief is working on a report which will include layoffs of civilians. He did not feel it was right that the Board did not know of the hiring of the firefighter.

Mr. Healey said he believed the hiring came just prior to the action of the Board. He said he will convey to Department Heads that any hiring would have to be demonstrated to the Board of Selectmen, in writing, and in person, that it meets the criteria.

Selectman Rogers suggested the Fire Chief be asked to come before the Board with prepared cuts. Mr. Healey said this is his purpose for meeting individually with Department Heads.

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

VOTED: To enter into Executive Session at 9:50 PM, not to return to Open Session, for the purpose of discussing a bargaining matter.

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

VOTE 5 – 0

Diane Henault, Secretary

BOARD OF SELECTMEN