SELECTMEN’S MEETING

JULY 1, 2002

 

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

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of June 24, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of June 24, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Request for Class II License – Freiday’s Auto Sales, Inc. – 138 South Main Street

Chairman Perkins read the following: "The Middleborough Board of Selectmen will hold a public hearing on Monday, July 1, 2002 at 7:05 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Freiday’s Auto Sales, Inc., for a Class II License for the premises located at 138 South Main Street, Middleboro, MA (Assessors Map 58J Lot 4314). Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Joe Freiday was present. He returned the green cards.

Mr. Freiday presented three (3) different lot layout plans. He said that he will go in front of the Zoning Board for a Special Permit to be able to park cars closer to the street.

The 2nd layout plan is in full compliance with the zoning bylaws. Mr. Freiday is requesting parking for forty (40) cars on the lot.

Jeanne Spalding was present. She said that she has spoken to Mr. Freiday. A perc test has been completed on the site. She said the septic plans are in. Mr. Freiday has said that there will be no oil changes or ‘fluid repairs’ done on site. Ms. Spalding has suggested a standard waterless handwash cleaning system, and no parking over the septic system location. She has no other issues with the request.

The Board also received correspondence from the Building Commissioner. Mr. Gedraitis supported the request for forty (4) cars based on Plan P-2.

Selectman Wiksten questioned the amount of cars being parked on the lot. Mr. Freiday said that each parking spot will be 8.5’ x 16’ long. This will easily fit a mid-size car.

Selectman Wiksten asked about ‘double stacking’ in the back row. Mr. Freiday said there will be one (1) vehicle per space, two (2) vehicles deep.

Selectman Wiksten had concerns with there being a sufficient radius for emergency vehicles to enter the property. Mr. Freiday said that approval of his third plan by the ZBA will allow 24’ in every direction for safety vehicles.

Selectman Wiksten asked about the current Class II License that Mr. Freiday holds. Mr. Freiday said he will let that license expire at the end of the year. The license is non-transferable.

John Siciliano, 11 Prospect Street, asked what the plans were for rubbish pick-up. Mr. Freiday said he does not think there will be enough rubbish generated to require a dumpster.

Mr. Siciliano asked about the lot behind the building. Mr. Freiday said he will purchase both, but has no plans of doing anything except cleaning it up.

Mr. Siciliano suggested a fence be erected, noting that the property is a cut-through from the hotel.

Mr. Freiday said he will first clean up the property, painting the building and redoing the landscaping. He will not sublet the garage. Repairs that he needs on vehicles will be sublet out to local contractors.

Selectman Rogers noted that the property is the site of the former Texaco Station. He asked if it is a "clean site". Mr. Freiday said there is an open file with DEP, and they are aware of what containments are still there. All tanks have been removed. He noted that the owner, MOTIVA, is responsible for the clean up.

Mr. Siciliano asked if Mr. Freiday would be placing outside lighting on the property. Mr. Freiday said he probably would, but they would be low wattage lights, facing down on the property.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request made by Freiday’s Auto Sales, Inc. subject to the following:

    1. Amount of cars not to exceed forty (40), provided there is safe access for emergency vehicles, if not the amount shall be reduced to thirty-eight (38);
    2. Standard waterless handwash cleaning system to be used;
    3. All necessary modifications and conditions of the Health Department, Zoning Department and Building Department be instituted;
    4. Approved hours are as follows:

Monday through Thursday – 8:00 AM to 8:00 PM

Friday – 8:00 AM to 6:00 PM

Saturday 9:00 AM to 5:00 PM

Sunday – 12:00 Noon to 5:00 PM

Unanimous Vote.

Request for Appeal of Health Violations – 22 Benton Street

Jeanne Spalding told the Board that a request has been made by Attorney McCarter, representing, Gurmit Pabla, owner of 22 Benton Street.

Ms. Spalding said that this has been a long standing housing issue case, which started in December. Katharine Hassett, Assistant Health Inspector, has spent a large quantity of time dealing with this. Ms. Spalding said there is an ongoing issue between the landlord and the tenant.

Ms. Spalding indicated that she was ready to file in Housing Court, at which time another extension was requested. Upon denial, she was contacted by Attorney McCarter.

Attorney McCarter told the Board that there had been a long list of violations, and his client has fixed a fair majority, making substantial progress. He said the problem is that the tenant will not allow the workers to do the repairs. The most major violation is lead paint. Attorney McCarter said that the tenant’s child has been tested, but results are unknown. He said he was present tonight to ask for indulgence to rectify the problems, in some type of order that the tenant cannot interfere with the work. He also told the Board that the tenant has not paid rent for 10 months.

Chairman Perkins asked if eviction proceedings have begun. Attorney McCarter said this has been considered, but in light of the Board of Health issues, it would appear that he was being retaliatory. He did not know if the tenant was putting money in escrow at this time.

Ms. Spalding said that the issues have gone back and forth. There are been 2 or 3 site visits, 2 inspections, 4 letters and 43 phone calls made from her Department. She felt that both the landlord and tenant were problems.

Ms. Spalding also noted that some of the issues do not require entering the tenant’s apartment, such as carpeting the common area.

Ms. Spalding suggested the Board authorize her to go forward with a file against both the landlord and the tenant. If the problem is solved before the court date, it will be dropped.

Selectman Eayrs agreed. He said that the landlord has had more than enough time to address the issues. He noted that the Board cannot let these conditions continue now that they are aware of them.

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

VOTED: To deny the petition to appeal health violations at 22 Benton Street, and to authorize the Health Officer to take this matter to court.

Unanimous Vote.

Attorney McCarter wanted the Board to know that his client has attempted to work with the Town and Health Departments, and that he is not avoiding what needs to be done.

Hearing (cont.) – Request for W.R.P.D. Special Permit – Rinta – Beach Street

The Board received correspondence from Brian Grady, G.A.F. Engineering, asking that the request be withdrawn.

NEW BUSINESS

Request to Approve Septic Betterment Agreement – Hogg – 21 Settlers Crossing

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

VOTED: To approve a Septic Betterment Agreement for property owned by George Hogg, 21 Settlers Crossing, in the amount of $14,975.00.

Unanimous Vote.

Request to Approve Septic Betterment Agreement – Ellis – 58 Spruce Street

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

VOTED: To approve a Septic Betterment Agreement for property owned by Robert & Joan Ellis, 58 Spruce Street, in the amount of $24,933.00.

Unanimous Vote.

Request to Approve & Sign Option to Buy – Division of Fisheries & Wildlife

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

VOTED: To sign the Option to Buy between the Division of Fisheries and Wildlife and the Town of Middleborough for property located in the Rocky Gutter WMA and shown on Assessors Map 81 Lot 1014, and Map 74, Lots 3897 and 4644.

Unanimous Vote.

This request was made in regards to land that was sold to the Division of Fisheries and Wildlife as approved at the Annual Town Meeting held on June 3, 2002.

Request to Approve & Sign Agreement #9451 – Mass Highway

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

VOTED: To approve and sign Agreement #9451 with Mass Highway.

Unanimous Vote.

Request for One Day Liquor Licenses – Middleboro/Lakeville Rotary Club

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

VOTED: To grant one day beer and wine liquor licenses to Middleboro/Lakeville Rotary Club for Krazy Days on Friday, August 2nd and Saturday, August 3rd from 12:00 PM to 6:00 PM.

VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

Request for One Day Liquor Licenses – Professional Bartending Service, Inc.

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

VOTED: To grant a one day liquor license to Professional Bartending Service, Inc. for a function to be held on Saturday, July 20, 2002 at 46 South Main Street from 4:00 PM to 9:00 PM.

Unanimous Vote.

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

VOTED: To grant a one day liquor license to Professional Bartending Service, Inc. for a function to be held on Sunday, July 21, 2002 at Oak Point from 12:00 PM to 4:00 PM.

Unanimous Vote.

Request to Appoint Seasonal Officers – Police Chief

The Police Chief has asked for four (4) seasonal officers to be appointed throughout the Summer. Chief Russell is hopeful that the budget amount needed can be absorbed in his current budget. He said he will not know for sure until the end of the fiscal year.

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

VOTED: To appoint the following individuals as less than full time seasonal Police Officers from the dates of July 2, 2002 to September 13, 2002, with combined service not to exceed 80 hours per week:

Anthony J. Keaney John G. Mills

Michael R. Mills David F. Enos

Unanimous Vote.

Request to Appoint Police Officer – Police Chief

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

VOTED: To appoint John H. Graham to the Middleborough Police Department to fill one of two currently vacant positions.

Unanimous Vote.

Request to Use Filing Fee Account – Conservation Commission

Chairman Perkins noted that this is a request usually approved by the Town Manager, who is currently on vacation.

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

VOTED: To authorize the Conservation Commission to use the Filing Fee Account to check the wetland line at Pavestone, Inc., Cowan Drive.

Unanimous Vote.

Request for Return of Deposit – Charles G. Reynolds

The Board has received a request to return a deposit to Charles G. Reynolds for Town-owned property that he had bid on. Mr. Reynolds is withdrawing his offer to purchase property.

Selectman Eayrs noted that a deposit had been returned to Robert Lessard, previously.

It was the Board’s consensus to wait until the next meeting, and to obtain a copy of the memorandum that was given to each bidder.

Request to Approve & Sign License Agreement – Water Superintendent

The Board received a request to approve and sign a license agreement for water exploration between the Town and Douglas F. Green.

The Board had several questions, and asked that the Water Superintendent clarify in writing, or attend the next meeting.

Request for Vacation Day – Board’s Secretary

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

VOTED: To approve a Vacation Day for the Board’s Secretary, for Wednesday, July 3, 2002.

Unanimous Vote.

OLD BUSINESS

There was no Old Business discussed tonight.

TOWN MANAGER’S REPORT

The Town Manager is on vacation.

SELECTMEN’S BILLS

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

VOTED: To pay four (4) bills submitted by the Middleborough Gas & Electric Department in the amounts of $11.83, $5.35, $5.35 and $5.35, totaling $27.88.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Forms & Graphics, Inc. in the amounts of $101.00 and $88.80, totaling $189.80.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Martha E. Dupuis, Secretary for the Historical Commission, in the amount of $129.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Jeanne E. Turney, Secretary for the Personnel Board, in the amount of $216.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Gale Associates, Inc. in the amount of $1,802.35 for the gasoline release at the Fire Station.

Unanimous Vote.

OTHER

VOTED: To send a letter to Austin Zipp, d/b/a Kasara Auto Sales, Inc., giving seven (7) days to make payment for the Gazette advertisement for his Class II Hearing from January, and to revoke his license if payment is not made.

Unanimous Vote.

Selectman Rogers said that the approximate 4,000 acres owned by New Bedford and Taunton will be open for hunting, fishing, trails, and horseback riding. He said there will be restrictions.

Selectman Rogers said a Land Use Management Plan is being formed, and will hopefully be finished on July 10th.

Selectman Rogers said that a meeting will be held on the "Morgan Property" during the second or third week of July.

Chairman Perkins said he is very much in favor of the Memorial Breakfast, noting that it helps to keep the community close together.

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

VOTED: To notify Jericho Christian Fellowship of the Board’s support for a 9/11 Memorial Breakfast.

Unanimous Vote.

CORRESPONDENCE

Ms. Dupuis said she was very disappointed in the Board, and noted that the SMPA has expressed interest in the School each time the Board has asked.

Selectman Eayrs said that the Board had discussed this acting on the presumption that the SMPA was no longer interested because there has been no further communication with the Board. If the SMPA is still interested, Selectman Eayrs said they should have the opportunity to purchase it.

Selectwoman Brunelle also thought the SMPA was no longer interested in the property.

Selectman Wiksten noted that earlier discussions had involved the problems with the septic system, and the cost to replace it. He believed the SMPA could not afford to replace this, and noted that they had asked the Town to replace the septic system before selling the property. The Town is not in the position to do this.

Ms. Spalding noted that the septic system has recently been replaced at the South Middleborough Fire Station by Redlon’s. She suggested the SMPA contact them to get an estimate of cost.

Chairman Perkins noted that a directed RFP would need to be drafted. There was discussion on whether or not the selling of the property has already been approved at Town Meeting.

Neil Rosenthal, who was an original member of the Vacant Schools Committee, said that the SMPA had been chosen to lease or buy the property based on the best interest of the Town. He noted that the Town has an obligation to preserve the building.

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

VOTED: To rescind the previous vote, and to initiate any and all measures necessary to transfer the South Middleborough School to the South Middleborough Protective Association.

Unanimous Vote.

Jane Lopes said she will ask the Historical Commission to do whatever they can to assist the SMPA.

The FinCom would like the Board to advise them in detail of what actions might be implemented to generate revenue for the FY 03 budget. They are requesting this information by July 15th.

Chairman Perkins said his concern was that the FinCom was asking where cuts might be made, but this decision cannot be made until the budget comes from Boston. This could come as early as two (2) weeks. The Board has agreed to call a meeting when the information becomes available.

Selectman Wiksten noted that the FinCom is asking for ideas to implement the budget. He suggested that the Board not wait until the last minute, but have a plan outlined.

The Board agreed this should be the priority when the Town Manager returns from Vacation.

Chairman Perkins noted that suggestions have been made, such as furloughs.

Selectman Wiksten noted that this would have to be agreed upon with the Unions. This would take weeks to do. He suggested information be gathered from other Towns who have done this.

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

VOTED: To notify the Town Clerk/Accountant to get the Free Cash Certification as soon as possible.

Unanimous Vote.

Selectman Eayrs suggested that the Board implement a plan at their meeting scheduled for July 29th. A budget should be in place by then.

 

 

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

VOTED: To adjourn at 8:35 PM.

Unanimous Vote.

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN