SELECTMEN’S MEETING

JANUARY 24, 2005

 

 

 

Chairman Perkins called the meeting to order at 7:03 PM.

 

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

Selectman Wiksten was absent.

 

 

SELECTMEN’S MINUTES

 

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

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

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of January 10, 2005.

            VOTE 3 – 0 – 2 (Chairman Perkins and Selectwoman Brunelle abstained)

 

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

            VOTED:  To approve the Executive Minutes of January 10, 2005.

            VOTE 3 – 0 – 2 (Chairman Perkins and Selectwoman Brunelle abstained

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Title V Variance – Vernon Street

 

The applicant was not present for the hearing.  It was noted that he had left a message asking if the meeting would be held because of the snow.

 

Abutters, David and Judy Thompson, expressed opposition to the request.

 

Mr. Thompson told the Board that there has been lots of flooding on his property because the land is lower.  He cannot move his septic system because of the location of the well, and 120’ frontage. 

 

The applicant is asking for a variance from the Town’s regulation requiring 200’ separation from a well to a septic system.

 

Mr. Thompson said he is concerned that, if his septic system goes under water, it could pollute the applicant’s well.  He said he didn’t want any future problems.

 

Selectman Bond asked about the possibility of using monitoring wells.

 

Mr. Healey asked if Mr. Thompson had any response from the ConCom or DEP on this matter.

 

Mr. Thompson said he had only received a letter saying it was approved.

 

Mr. Healey asked if Mr. Thompson had asked questions during the hearing process before those Boards.

 

Mr. Thompson said he had told them the same thing he was telling this Board.

 

Selectman Bond asked if there was a way to add a condition, if the request is granted, that would require the owners to give notice to future buyers.

 

Chairman Perkins said Counsel could be asked.

 

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

            VOTED:  To continue the hearing until February 7, 2005.

            Unanimous Vote.

 

Hearing – Request for WRPD Permit – Outback Engineering, Inc. – 668 Wareham 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 January 24, 2005 at 7:30 PM, for the purpose of discussing an application filed by Outback Engineering, Inc. on behalf of Tony Bertelli, 54 Miller Street, Middleboro, MA  02346, for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a 7,440 s.f building to be used as an automobile storage garage.  The property, located at 668 Wareham Street, currently contains an existing 3-bedroom house, an existing retail shop, and an existing garage.  The property is shown as Assessors Map 109 Lot 3139, zoned General Use, 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.

 

Tony Bertelli was present.  He explained that the certified mailing had not gone out on time, and asked for a postponement for two (2) weeks.

 

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

            VOTED:  To continue the hearing to February 7, 2005.

            Unanimous Vote.

 

NEW BUSINESS

 

Town’s Option to Purchase Chapterland – Tispaquin Realty Corp.

 

Written responses were received from the Planning Board, ConCom, and Assessors Office expressing no interest in the property.

 

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

VOTED:  Not to exercise the Town’s Option to purchase Chapterland owned by Tispaquin Realty Corp.

            Unanimous Vote.

 

Town’s Option to Purchase Chapterland – Beaton-LeBaron Company, Inc.

 

Written responses were received from the Planning Board, ConCom, and Assessors Office expressing no interest in the property.

 

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

VOTED:  Not to exercise the Town’s Option to purchase Chapterland owned by Beaton-LeBaron Company, Inc.

            Unanimous Vote.

 

Selectman Bond explained that the purchases of these properties would cost significant money.

 

Town’s Option to Purchase Chapterland – ADGA Realty, LLC

 

Written responses were received from the Planning Board, ConCom, and Assessors Office expressing no interest in the property.

 

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

VOTED:  Not to exercise the Town’s Option to purchase Chapterland owned by ADGA Realty, LLC.

            Unanimous Vote.

 

Town’s Option to Purchase Chapterland – Rocky Meadow Development Corp.

 

Written responses were received from the Planning Board, ConCom, and Assessors Office expressing no interest in the property.

 

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

VOTED:  Not to exercise the Town’s Option to purchase Chapterland owned by Rocky Meadow Development Corp.

            Unanimous Vote.

 

Request to Provide Cable Service to Twin Coach Estates – Comcast

 

The Board received a request from Comcast asking for permission to provide cable service to Middleboro residents in Twin Coach Estates through the Town of Lakeville.  Middleborough Educational Access on Channel 20 and Middleborough Government Access on Channel 95.

 

To provide these residents with the Middleborough channel line-up would cost an additional $25,000.

 

Discussion ensued on Comcast’s obligation to provide cable service to Middleborough residents.

 

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

VOTED:  To request a meeting with Comcast and the Cable Committee to further discuss the request.

Unanimous Vote.

 

Request for Water/Sewer Abatement – Gudmundsson Chiropractic

 

Selectwoman Brunelle excused herself from this discussion.

 

Mr. Healey suggested the Board take this matter under advisement to allow himself and the Water Superintendent to further investigate and report back to the Board.

 

Chairman Perkins read the letter from Rober Rashid asking for an abatement because there had been a leak.

 

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

            VOTED:  To take the matter under advisement for two (2) weeks.

            VOTE 2 – 0 – 1 (Selectman Andrews abstained)

 

Request to Rent Town Hall Auditorium – Diane Dixon

 

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

VOTED:  To approve the request made by Diane Dixon to rent the Town Hall Auditorium on Saturday, April 30, 2005 for a wedding reception.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Jeffrey Stevens

 

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

VOTED:  To approve the request made by Jeffrey Stevens to rent the Town Hall Auditorium on Saturday, July 9, 2005 for a wedding reception.

            Unanimous Vote.

 

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

            VOTED:  To deny the request for a waiver of custodial fees.

            Unanimous Vote.

 

Request to Appoint Police Officers – Police Chief

 

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

VOTED:  To appoint the following five (5) individuals to fill current vacant positions at the Police Department, with the forty-third position remaining vacant:

 

                        Terry M. Meleski                     Effective 1/27/05

                        Peter J. Vanasse                       Effective 1/28/05

                        Kristopher Dees                       Effective 1/29/05

                        Alan J. Cunningham                  Effective 1/30/05

                        Mark E. Meaney                      Effective 1/31/05

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Lakeville I.M.A. Update

 

Mr. Healey provided a copy of the Lakeville Selectmen’s response to the Draft IMA dated January 2005, a copy of a revised IMA #2 developed in response to that letter, and a draft cover letter from Chairman Perkins to Chairman White.

 

Mr. Healey asked the Board to review the documents and consider authorizing the Chairman to sign the letter, transmit the revised IMA #2 to the Lakeville Selectmen for their consideration and authorize the Chairman to act as the point of contact with the Board.

 

Selectman Bond suggested asking Town Counsel for a letter stating that he has no issues as to the substance of the Agreement.

 

Mr. Healey said Town Counsel has reviewed this and will supply a letter.

 

Selectman Bond reviewed the document, making several suggestions for changes.

 

Selectwoman Brunelle asked if the Agreement referred to the existing service area that we currently have, and not additional sewer lines to expand that area.

 

Mr. Healey said users would have to put in additional lines.  He said there is language that defines the current sewer service area.  He also noted that any “extensions” would be subject to a vote of approval by both towns.

 

Jane Lopes asked if National Development would be considered an existing customer, and pay less than an existing Middleboro customer expanding service.

 

Chairman Perkins said no, the cost would be the same.  The only difference is that they will not be treated as a “new customer”, and would not be subject to I&I fees, and sewer charges.

 

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

VOTED:  To make the suggested changes, authorize the Chairman to sign the letter, transmit the revised IMA #2 to the Lakeville Selectmen for their consideration and authorize the Chairman to act as the point of contact with the Board.

            Unanimous Vote.

 

Selectman Bond asked what the point was for a single “point person”.

 

Chairman Perkins said it would be for a point of contact, and would not authorize him to act without the Board.

 

MEPA Site Visit on Cranberry Village

 

Mr. Healey told the Board that negotiations with the ZBA in reference to this project are ongoing.

 

Brook Street Landfill

 

Mr. Healey told the Board that he has been working with DEP on another Administrative Consent Order (ACO) regarding the parameters of work to be done at the Landfill because of “overfilling”.  He said the Town is obligated to go forward and work with the hope of compensation from Waste Management.

 

Mike Scipione and Mike Richard, Weston & Sampson, were present.  They provided “emergency quotes” to move forward as soon as the ACO is issued by the DEP.

 

Mr. Scipione said there could be a substantial fine for the overfill violations. 

 

Mr. Scipione told the Board that a contract mechanism outside of the current contract with Welch Construction Corp. would be necessary to resolve operations and odor issues at the Landfill.  As a result, bids were solicited from several contractors on an emergency basis. 

 

The low bidder is Borggaard Construction Corp., who proposes to work in conjunction with Waste Management to perform the additional work for a cost of $178,050.  Discussions with Welch have resulted in a Change Order (credit) to remove a portion of their contract in order to expedite necessary grading and immediate cover, which is proposed to be performed by others.  Current available funds are sufficient to perform this work.  This will leave $85,625 in remaining appropriated funds.

 

Mr. Healey said that the first cell will be regarded to allow the overfill.  This will eliminate having to use part of the new cell.

 

Selectman Andrews asked how the Town would know that the “numbers are right” referring to all the change orders by Welch.

 

Mr. Scipione said W&S reviews the back up for requests.

 

Mr. Healey said he will contact Senator Pacheco to see if the fines for the overfill can be reduced or eliminated. 

 

Selectman Bond expressed his frustration at the fines being issued to the Town.

 

Selectman Andrews said he would like to speak to Mr. Scipione regarding the change orders.

 

Selectwoman Brunelle said she had no objection.  She suggested a list of the change orders and the rationale behind them be submitted to the Board.

 

Selectwoman Brunelle asked if it was anticipated that additional monies would be necessary because of DEP requirements.

 

Mr. Scipione said there is still quite a bit of money left in the contract.  He said it will depend on how fast construction gets completed.

 

Chairman Perkins said he was “not pleased”, noting that, after the initial contact had been awarded, there was $410,000 remaining.  With tonight’s request, only $85,000 would be remaining.  He told Mr. Scipione that the Board would continue to see him “until every last penny is spent”.

 

Mr. Scipione said he had anticipated that a lot of money could be returned to the Town, and hoped that the Board felt comfortable that W&S acted on the Town’s behalf to control costs and minimize fines.

 

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

VOTED:  To approve the Contract with Borggaard Construction Corp., to work in conjunction with Waste Management to perform the additional work for a cost of $178,050. 

Unanimous Vote.

 

Mr. Healey noted that the project is still within the budgeted amount.

 

Snow Removal Expenditures

 

Selectman Bond noted that Mr. Healey had provided costs for the past 10 years for snow removal.  He said, on average, the Town spends $121,000, but only appropriates $55,000.

Discussion ensued.

 

Selectwoman Brunelle suggested the previous year’s amount should be appropriated.

 

Tom White suggested taking the high and low figure for 5 years, and averaging it.

 

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

VOTED:  To enter into Executive Session at 9:05 PM to discuss Litigation Strategy which would be detrimental to discuss openly, to return to Open Session.

A poll vote was taken.  Selectman Bond, Selectman Andrews, Selectwoman Brunelle, and Chairman Perkins approved.

            VOTE 4 – 0

 

-----RECONVENE TO OPEN SESSION-----

 

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $24.59 and $24.61, totaling $49.20.

            Unanimous Vote.

 

OTHER

 

Discussion – Committee to Oversee Water, Wastewater & Health Departments

 

Chairman Perkins noted that there already is an “overseer” of these departments.  The discussion would be regarding establishing a committee to study the reorganization of these three (3) departments.

 

Selectwoman Brunelle said she understood an article would be brought to Town Meeting, or a non-binding referendum question on the ballot to see if the residents want a Water/Wastewater Commission and/or Board of Health.

 

Tom White said he had drafted an article for the previous Town Meeting to have a Committee appointed by the Moderator to look into separating the Water, Wastewater, and Health Departments from the Board of Selectmen.  He said Mr. Healey had suggested an ad hoc committee be formed to study this.

 

Mr. White said any recommendation would have to go before Town Meeting, and suggested establishing a committee now to have an article ready for Town Meeting.

 

Selectwoman Brunelle said she understood a Charter Change would be necessary.

 

Mr. White said the Board could wait another year.

 

Selectwoman Brunelle said this would still coincide with the Town Manager’s retirement.

 

Selectman Bond suggested the committee could report before Town Meeting to inform the residents of the benefits and detriments of the proposed change.

 

Selectwoman Brunelle suggested electing a Charter Reform Commission to do a Charter Change.

 

Mr. White said any recommendations could be passed on to a Charter Commission if necessary.  He noted the committee would not have the power to make any changes.

 

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

VOTED:  To appoint a five (5) member committee of residents, with vacancies to be filled by the Board of Selectmen by a majority vote, to study the feasibility and options available for the reorganization of the Board of Health, Water and Wastewater Departments, and to report the upsides and downsides of the various possible methodologies to Town Meeting.

            Unanimous Vote.

 

Applications for the committee will be due by Wednesday, February 9th.

 

Discussion – Review Applications for Town Manager Search Committee

 

The Board received 12 applications for the Search Committee.

 

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

VOTED:  To appoint Bruce Atwood, Neil Rosenthal, Steve Morris, Joe Freitas, and Robert Sullivan to the Committee.

            VOTE 3 – 1 (Selectman Bond opposed)

 

Selectwoman Brunelle noted that several individuals were previous selectmen, and several served on the prior Town Manager Search Committee.

 

Selectman Bond suggested Sara Jigerjian and Karen Blair be appointed to provide a different perspective.

 

Selectman Andrews said there will be opportunities for anyone to participate in the public meetings.

 

Discussion – Vehicle Use Policy

 

This discussion was tabled until next week.

 

 

Review Town of Lakeville IMA

 

See Town Manager’s Report.

 

Meeting with Representatives

 

Selectwoman Brunelle suggested inviting Representatives O’Brien, Straus, and Cannessa to meet with the Board to find out what’s going on at the State House in regards to funding for the Town.

 

Mr. Healey said the House 1 Budget is due out at the end of the month.  He suggested scheduling a meeting in March.

 

Reduced Tax Liability for Volunteer Services

 

Selectwoman Brunelle suggested putting a discussion on an upcoming agenda regarding a reduction in taxes for persons over 60 in return for volunteer services.

 

Selectwoman Brunelle also suggested the opening and closing of the Warrant be put on the next Agenda.

 

CORRESPONDENCE

 

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

VOTED:  To ask Chief Russell to comment on correspondence from the Massachusetts State Police Association in regards to ‘Regionalization”.

            Unanimous Vote.

 

v     A Notice of a Public Hearing on Wednesday, January 26, 2005 was announced.  The hearing will be in regards to the application for FY 2005 Massachusetts Community Development Block Grant funds, and will be held at 7:00 PM at the Library.

 

v     Discussion ensued on correspondence from Richard Pavadore regarding the new telephone system purchased by the School Department.  Mr. Pavadore feels that the system could benefit the entire Town.

 

Mr. Healey said the system has already been purchased, and he had asked the salesperson about use by the Town in general.  The system is not currently capable of doing this.

 

Mr. Healey suggested the FinCom find someone who could develop a new software program to work with the Town.

 

v     Job postings for the Assessors’ Office and the ConCom were announced.

 

v     Payment for a Massamont Insurance Agency bill will be put on the next Town Meeting Warrant.

 

v     Mr. Healey will follow-up on a fluid release from 78 East Grove Street.  He had asked the DEP to require offset wells be installed because of the close proximity to the Town’s Well.

 

v     Upon motion by Selectman Bond and seconded by Selectwoman Brunelle, the Board

VOTED:  To appoint Mr. Healey as the Town’s Representative on the Regional Fair Housing Commission.

Unanimous Vote.

 

v     Bridge Inspection Reports were discussed.

 

v     Selectman Andrews suggested Mr. Healey speak with Bruce Arons to find a format for promoting 40B housing for residents already in Middleboro.

 

v     Upon motion by Selectman Bond and seconded by Selectwoman Brunelle, the Board

VOTED:  To send letters to the Constables citing Chapter 262 Section 8A, which requires Constables to file with the County Treasurer of all fees and money received by him under the provisions for the service of civil process, and to make this a requirement for renewal.

Unanimous Vote.

 

 

 

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

            VOTED:  To adjourn at 10:33 PM.

            Unanimous Vote.

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN