SELECTMEN’S MEETING

JANUARY 10, 2005

 

Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.

 

Chairman Wiksten called the meeting to order at 7:00 PM.

 

Selectman Bond and Selectman Andrews were present.

Selectwoman Brunelle was absent.

 

 

SELECTMEN’S MINUTE

 

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

            VOTED:  To approve the Minutes of January 3, 2005.

            Unanimous Vote.

 

Chairman Wiksten asked that the Executive Minutes be held until the next meeting, as he had not been present for them on January 3rd.

 

Red Sox

 

Selectman Bond read a letter to the Red Sox Organization asking that the World Series Trophy be brought to Middleboro.

 

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

            VOTED:  To send the letter.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Marjorie Judd – RE:  One Book, One Middleborough

 

Marjorie Judd, Director of the Middleborough Public Library, was present.  She explained that she was here to talk about “One Book, One Middleborough’.  This is a program that was done in 2003 with success.  Everyone in Town reads the same book at the same time.

 

Ms. Judd said the Committee chose the book “The Secret Life of Bees” by Sue Monk Kidd. 

 

Book discussions will be held as follows:

Tuesdays          6PM                Streetside Café from January 18th to February 8th

Thursdays         7PM                Library from January 20th to February 10th

Fridays Noon               Library from January 21st to February 11th

 

Ms. Judd presented the Selectmen with a copy of the book, a button, and a bookmark.

 

The Board presented a Proclamation to Ms. Judd.

 

Hearing (cont.) – Class II License – Tom Auto

 

David Richmond was present.  He submitted a letter outlining amended hours to the Board.

 

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

VOTED:  To issue a 2005 Class II License to Tom Auto, with the following amended hours: 

Monday                       10AM to 4PM

Tuesday                       12 Noon to 3PM (Auction Day)

Wed – Friday               10AM to 3PM

Saturday                       10AM to 1PM

After hours and weekends by appointment

Unanimous Vote.

 

Meeting with Middleborough on the Move (MOM) – RE:  Retreat

 

Stephanie Chiappetta, VP of MOM, met with the Board to inform them of a Fundraising Retreat to be held on January 25, 2005 at the Wachusett Mountain Convention Center in Princeton, MA.

 

Ms. Chiappetta explained that the retreat will be conducted by Tom Ursia of Atlantic Rim Partners, which has attained a high degree of success in downtown mainstreet programs throughout the east coast.

 

The goal of the retreat is to create a series of workable action plans that will allow MOM to develop a necessary budget to help fund the projects associated with the mission of rebuilding the pride, spirit, and economic prosperity of downtown Middleborough.

 

There is room for 15 more civic minded members of the community to join the retreat.

 

Hearing – Request for Change of DBA – Middleborough Liquors

 

Selectman Bond noted that there is a ‘DBA’ Registry.  He said none of the DBA’s that have come before the Board have been registered there.

 

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

VOTED:  To approve the request made by C.V.L. Inc. for a Change of DBA to ‘Middleborough Liquors’.

            Unanimous Vote.

 

NEW BUSINESS

 

Request for Common Victualer License – Hong Kong Taste – 547 West Grove Street

 

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

VOTED:  To issue a Common Victualer License to Xu Dong Chen for a business located at 547 West Grove Street to be known as Hong Kong Taste with the following hours:

                        Monday – Thursday     11:30 AM to 9:00 PM

                        Friday & Saturday        11:30 AM to 10:00 PM

                        Sunday             12:00 Noon to 9:00 PM

            Unanimous Vote.

 

Request to Approve & Sign Notes – Treasurer/Collector

 

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

VOTED:  To award a bid for the Water Bonds in the amount of $500,000 to Eastern Bank at an interest rate of 2.45%.

Unanimous Vote.

 

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

VOTED:  To award the bid for Chapter 90 Highway money in the amount of $286,874 to Bank of America/Fleet at an interest rate of 2.39%.

            Unanimous Vote.

 

Request for Approval to Work In and Alter Keith Street – Alpha Engineering

 

Selectman Andrews explained that the applicant is constructing a cul-de-sac at the end of Keith Street, currently a dead-end, which will include one business and one residence.  The Planning Board will sign the final documents tomorrow night.

 

The Board received correspondence from the Highway Superintendent approving the request.

 

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

VOTED:  To approve the request to work in and alter Keith Street in association with the Approved Definitive Subdivision Plan entitled “DEFINITIVE SUBDIVISION PLAN ‘KEITH ST. EXTENSION’ MIDDLEBORO, MA” by Alpha Land Surveying & Engineering, dated December 27, 2002 revised through January 12, 2004.

Unanimous Vote.

 

Request to Approve Street Names – E911 Database Coordinator

 

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

VOTED:  To approve the street names Fernway and Look Out Circle as street names for a new subdivision located off Miller Street on Map 92 Lot 3724.

            Unanimous Vote.

 

Request to Approve and Sign Letter of Support – Morton Hospital & Medical Center

 

The Board received a request from Morton Hospital & Medical Center asking for a letter of support for a Grant that they are applying for.

 

Selectman Bond read the following letter:  To Whom It May Concern:

 

I am writing to express my support for Morton Hospital and Medical Center’s application for grant funding from the Massachusetts eHealth Consortium.

 

As the chairman of the Board of Selectmen, I represent the nearly 20,000 citizens of Middleborough, Massachusetts.  Our primary mission as Selectmen is to preserve and protect the integrity and well-being of our community for current and future generations.  One key component of the well-being of any community is local access to high-quality health care.  The majority of residents of Middleborough turn to Morton Hospital and Medical Center, and its affiliated physicians, for their health care.

 

I understand that the grant funding will enable Morton Hospital and its partners in the project to develop a fully integrated community-wide network of electronic medical records that supports the exchange of clinical information between the hospital and other health care providers in the greater Taunton area.  The existence of such a system will vastly improve clinical decision-making, enhance patient care and reduce the potential for medical errors.

 

Morton Hospital and Medical Center is the hub of the health care delivery system in the greater Taunton area.  This project will ensure that patients are getting well-coordinated, well-integrated care whether they are in their primary care doctor’s office, a specialist’s office or at Morton Hospital or one of its satellites.  Anything that improves the quality of our local health care system improves the quality of life for area residents, and I hope that you will give every consideration to Morton Hospital’s application.

 

Sincerely,

 

Wayne C. Perkins, Chairman

BOARD OF SELECTMEN”

 

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

            VOTED:  To approve and second the letter of support.

            Unanimous Vote.

 

 

 

Request for Second-Hand License – “The Wishing Well” – 75 North Main Street

 

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

VOTED:  To issue a Second-Hand License to Richard and Melinda Fuller d/b/a/ ‘The Wishing Well’ for property located at 75 North Main Street.

            Unanimous Vote.

 

Chairman Wiksten asked the Board’s Secretary to clarify the hours of operation.

 

Town’s Option to Purchase Affordable Home – 66 Granite Road

 

Mr. Healey explained that the Town has a First Right of Refusal to purchase an affordable unit when the owner wishes to sell.

 

Selectman Andrews explained that, when a 40B unit is purchased, the price remains at a certain percentage below market value, even if the value goes up.  The Town has the first option to purchase, or find someone to purchase.  If we decline, the seller can sell to a qualified buyer with a Deed Restriction.  It remains on the 40B inventory.  If it can’t be sold at the restricted percentage price, it can be sold at 95% of fair market value.  Any gain above the resale price must be given directly to the Town to be used for affordable housing activities.

 

Joe Freitas noted that the property can actually be lost as a unit toward the Town’s Affordable Housing count.  He suggested the Housing Authority oversee this, and have qualified people ready to buy these properties as they become available.

 

It was noted that there is an interested buyer in the property.

 

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

VOTED:  To release the Town’s First Right of Refusal to purchase the property, and instruct the Citizens Housing and Planning Association (CHAPA) to indicate if the interested property does not qualify to purchase the property.

            Unanimous Vote.

 

The Board asked its Secretary to contact CHAPA to get more information on this process.

 

The Town Manager was instructed to see if the Housing Authority would be willing to take on this task.

 

Request to Deficit Spend for Snow Removal – Highway Superintendent

 

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

VOTED:  To allow the Highway Superintendent to deficit spend for Snow Removal.

            Unanimous Vote.

 

Mr. Healey noted that this is the only account that is allowed to deficit spend.

 

Discussion ensued on how a figure is chosen to be budgeted.  Selectman Andrews asked Mr. Healey to get the amount of money spent for snow removal for the last 10 years.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $21.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by W.B. Mason Company, Inc. in the amount of $12.66.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $13,293.74.

Unanimous Vote.

 

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

VOTED:  To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $73.10, $328.09, and $46.24, totaling $447.43.

            Unanimous Vote.

 

TOWN MANAGER’S REPORT

 

MMA Conference

 

Mr. Healey told the Board that Chairman Wiksten, Selectwoman Brunelle, and he had attended the MMA Conference in Boston.  He said there was “interesting information” regarding Capital Planning Committees, which will be helpful in the renewal of the Town’s Capital Planning Committee.  He noted Pat Rogers had resigned as Chairman of the CPC 6 months ago, and there has not been a meeting held for one (1) year.

 

 

 

 

 

Update on the landfill and WMAC Matters

 

Mr. Healey told the Board that he, the engineers, and Waste Management’s Peter Richer, had met with DEP staff on Monday.  The engineers are returning on Friday to finalize the agreement on the re-grading plan.

 

Mr. Healey told the Board that there is a contractor working on placing dirt on the front face of the landfill.  This will held to keep the odor contained.

 

Mr. Healey and Don Boucher will meet next week with Peter Richer of W.M. to discuss Landfill equipment to be purchased by W.M. and any operational issues that Mr. Boucher wants to resolve before the Contract is signed.

 

OTHER

 

Chairman Wiksten asked the Board’s Secretary to check with Labor Counsel and Town Counsel in regards to their comments on the proposed Vehicle Policy, and have written comments for the January 24th meeting.

 

CORRESPONDENCE

 

ü      The Town received correspondence from Representative Thomas O’Brien congratulating the Town on becoming Housing Certified under Executive Order 418.

 

Mr. Healey noted that failure to achieve this certification makes the Town ineligible for certain Grant Funds.

 

Mr. Healey said he is making arrangements with Bruce Arons to come before the Board to discuss changes in Housing Requirements.

 

ü      A donation to the Dog Pound was made by Judith Parker Berry in memory of her father.

 

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

VOTED:  To ask the Town Manager to work with the Town Accountant to assure the money is sent to the Dog Pound.

            Unanimous Vote.

 

 

      A copy of the letter will be sent to the Police Chief and Bill Wyatt.

 

ü      The Board was given an update of Local Receipts from the Town Accountant.  Mr. Healey said the Collaborative Leadership Group will meet tomorrow night.  The Town Accountant will be present this, and a projection of Local Receipts, and how it effects next years budget.

 

ü      The Town continues to assess options in regards to Edgeway and Wayne Williams.

 

ü      The Superior Court Judge has ordered a preliminary injunction to Mr. Williams as requested by the Town.  Mr. Healey said this was based on complaints by abutters in regards to the buffer zone.  The Court can now find Mr. Williams in Contempt of Court for violation the injunction. 

 

Mr. Healey suggested Department Heads be notified to take note of the current status of items under their jurisdiction and responsibility.

 

Selectman Andrews asked Mr. Healey to notify those departments.

 

ü      Mr. Healey was instructed to contact the Town of Sudbury in regards to their request for information regarding our Agricultural Commission.

 

ü      The Board received correspondence from the Building Commissioner in regards to 4 Lovell Street.  Mr. Whalen said the building is structurally sound and presents no danger to the passing public.

 

Selectman Bond noted that, although it “isn’t pretty”; it is no longer in the jurisdiction of the Board.  A scheduled hearing with the owner on January 24th has been cancelled.

 

ü      Mr. Healey will follow up on correspondence from the Town Accountant in regards to access to the payroll.

 

ü      Mr. Healey was instructed to prepare responses to factual allegations in a complaint regarding Edgeway.

 

ü      Mr. Healey was asked to contact Scott Hannula in regards to comments from Town Counsel regarding the Restrictive Covenant.

 

ü      The MJHS Building Committee informed the Board that they have hired a Project Manager.

 

Chairman Wiksten asked about the salary, and possible cap.  Mr. Healey said he did not have that information in front of him.  He said a contract is being negotiated and finalized. 

 

Mr. Healey said the contract is being structured for payment by task.  The Committee would be able to stop the progression of tasks if necessary.

 

Jane Lopes told the Board that the total is $200,000 including a Clerk of the Works.

 

Mr. Healey said the Town still doesn’t know what the rules will be in regards to a reimbursement.  It is has not yet been determined if the cost can be added to the project for reimbursement from the State.

 

 

 

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

VOTED:  To enter into Executive Session at 8:18 PM, not to return to Open Session, to discuss Litigation Strategy, which would be detrimental to discuss in Open Session.

A poll vote was taken.  Selectman Bond, Selectman Andrews, and Chairman Wiksten  approved.

            VOTE 3 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN