SELECTMEN’S MEETING

JULY 29, 2002

 

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

Selectman Wiksten, Selectman Eayrs and Selectwoman Brunelle were present.

Selectman Rogers was absent.

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of July 15, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Dorothy Royster – RE: Support of Selectmen to Clean up Area on Route 18

Ms. Royster was not present. The Board’s Secretary explained that Ms. Royster wishes to clean up two (2) "islands" located on Rte. 18 at the intersection of Old Center Street. Approval is necessary from the State. A letter of support from the Board of Selectmen is a requirement.

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

VOTED: To support the request of Dorothy Royster to clean up two (2) islands at the intersection of Rte. 18 and Old Center Street.

Unanimous Vote.

Hearing – Request for Appeal of Violations – Tispaquin Family Campground

Chairman Perkins read the following letter that was sent to Mr. & Mrs. Ralph Holton, owners of the Tispaquin Family Campground: "Dear Mr. & Mrs. Holton, - The Board of Selectmen, acting as the Board of Health, have received notice that you have requested a Hearing regarding correspondence sent to you by the Health Agent and Health Officer on June 24, 2002 ordering you to cease and desist all operation of the campground activity.

The Hearing has been scheduled for Monday, July 29, 2002 at 7:05 PM. The Hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue."

Barbara Holton was present. She told the Board that she has been the owner/operator of the Campground for 18 years. She has not received her license for this year. She is appealing the violations cited to her campground, including having too many campers.

Mr. Healey noted that the Health Officer was not present, but the Building Commissioner and Town Counsel were.

Attorney Murray told the Board that he has had conversations with Attorney Hannon, who represents the Holtons.

Attorney Murray explained in 1984, when the Holtons purchased the property, they had gone to the Zoning Board of Appeals to increase the number of campsites from thirty-five (35). Subsequently, they were granted a maximum of fifty-seven (57) sites, and one (1) "Safari Site", a spill over area that could hold up to 14 units.

Over the years complaints and violations resulted in litigation in Superior Court, which lasted for several years from the late 80s though the early 90s. In 1994, an agreement was reached. The Holtons came into compliance with the fifty-six campsites and one safari site.

Attorney Murray explained that the Holtons are putting however many units can fit on each site.

Mr. Gedraitis told the Board that he had completed an inspection today. He observed a total of 135 camping units. At least 12 campers have substantial additions in the form of porches, with substandard construction and no permits. This violates the Zoning Special Permit. Mr. Gedraitis said the grounds are in good shape, but the maximum number of units should be 57.

Mr. Healey noted that there is concern for the public water supply and onsite septic systems. He said there is no information that shows that either is sufficient for the number of people on site.

DEP has also expressed concern about the public water supply. After an inspection, they notified the Health Department that were 150 units observed on site. The Holtons received a Notice of Noncompliance from the DEP on June 21, 2002.

As a result of the above-mentioned violations, a notice to "Cease and Desist" was sent to the Holtons by the Town on June 24, 2002. They do not have a current license.

Attorney Murray said that Attorney Hannon has advised him that he was withdrawing from the case. A new counsel from New Bedford will represent the Holtons. Attorney Murray has not spoken to him.

Mr. Healey said the main concern is the overuse of the systems, and the potential for people to get sick. He said the Town needs to be satisfied with engineering information that the systems are adequate. If the Holtons wish to increase the number of units, they will have to present engineering plans, and an application to the Zoning Board.

Mrs. Holton told the Board that originally, in 1988, the Judge had ruled that there was no zoning issue because of "grandfathering". The Town appealed this and won. Mrs. Holton argued that the Town has not used any formula to assess the number of the license. She says she agreed to remove all by 56 "hookups". She said that the State Code defines a site as having a water hookup and enough room to accommodate camping units. She noted it does not say "a" unit. She said she is meeting with DEP this week.

Mrs. Holton said having 56 campers on 40 acres is "ludicrous". She asked to see the law that says you cannot have more than one (1) unit on each campsite.

Selectman Eayrs noted that the main issue is that she had agreed to 56 trailers on 56 sites, and has now doubled and tripled that number. He felt that the Holtons knew what they were doing and wanted to see how long they could get away with it. He said he wanted the issue resolved, and would not "cave in" to what Mrs. Holton felt is right. He noted the opinions of others who say she is wrong.

Mrs. Holton said she is in compliance with all State health codes, noting that each camper is not to exceed 75 gallons of water per day. She has not exceeded this.

Discussion ensued on why the DEP is asking that she reduce the number to 81. She said it was because Ms. Spalding had asked them to.

Selectman Wiksten said he believed the intention was for 56 "units". He said that "T"ing is a way to backdoor the permit.

Bill Nicholson, owner of the KOA Campground since 1986, was also present. He told the Board he is licensed for 276 sites on 55 acres. He said that he cannot have more than one (1) unit on each site without stressing the property – not only the septic, but the water and electrical systems.

Mrs. Holton noted that her Title V System has passed.

Hearing no further comments, Chairman Perkins closed the hearing.

Chairman Perkins also addressed Mrs. Holton. He said he had attended the original hearings when the number was increased to 56. He said that he was confident that "56 meant 56". He said it bothered him to have this back in front of the Board, noting that the Zoning Enforcement Agent and the Health Officer have given instructions.

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

VOTED: To uphold the action of the Building Commissioner, Health Officer and Health Agent in regards to the non-compliance with existing agreements, and to take any and all steps necessary to suspend activities in the campground until compliance is forthcoming.

Unanimous Vote.

Meeting with Jim Butler – RE: 23 Wareham Street

Jim Butler presented a petition to the Board that read as follows: "We, the undersigned, would like to bring your attention to the matter of the old Eagles building that is located at the corner of Wareham and Lincoln Street. This Building, through the years, has fallen in deep despair over the four years that it has been vacant. There are skunks, wild cats, rates opossums, and etc. living in the building. Kids have been riding their bikes and skate boards off the roof of the building and there is a big hole in the roof also. This area is breeding mosquitos and is a health hazard to the neighbors. We hope that something can be done to correct this deplorable condition."

Mr. Butler told the Board that a fire occurred at the site in 1997. The building has been patched with plywood, and animals are getting into it.

Mr. Butler told the Board that he has received correspondence from Jeanne Spalding blaming him for breeding cats, which he believes are living in the building. He felt that the property should be torn down.

Mr. Healey told the Board that he had contacted the owner, Edward Medeiros, a few weeks ago and Mr. Medeiros had indicated that he would take immediate action. He has plans to pull permits and apply for a demolition permit and eventually reconstruct something on the site.

Selectman Wiksten asked Mr. Healey to look into this and also to intercede on behalf of Mr. Butler and Ms. Spalding.

Mr. Butler said he is requesting a letter of apology from the Health Officer.

Laird Bell, 2 Lincoln Street, said he would appreciate the Board contacting Mr. Medeiros. He said he has contacted Mr. Medeiros and has said that he would comply. However, this has not been done.

Chairman Perkins asked Mr. Healey to follow up to the Board.

Meeting with Finance Committee – Appoint New Member

Tom Tansey, Acting Chairman of the Finance Committee, told the Board that they would like to make a recommendation to fill the vacancy left by Michael McCarrick. He also told the Board that resignations were accepted tonight from Lisa Dufresne and Richard McCarrick.

Lisa Clough told the Board that she has been a resident of the Town for eight (8) years. She had been interested in joining the FinCom and has responded to an opening.

Selectwoman Brunelle asked if anyone else had applied. Mr. Tansey said that Nancy Thomas had also applied, but cannot serve at this time because she is currently a member of the Charter Committee.

Robert Sullivan reminded the Board that that he applied for an opening on the Park Commission several years ago. At that time he had felt that he had followed the correct process. Someone else was chosen for the position. He had asked, at that time, for a written procedure on applying for vacancies on committees and commissions.

Chairman Perkins said that no formal procedure has been drafted. The practice has been, if there is a vacancy prior to an election, for the committee to solicit people to serve and give a recommendation to the Board for a joint vote. It was noted that there is usually one (1) applicant applying for a position.

Selectwoman Brunelle noted that there are General Laws which provide guidance to filling elected positions.

Selectman Wiksten noted that he had been present the night referred to by Mr. Sullivan. He agreed that a policy should be put in place.

Mr. Tansey noted that the Town Charter calls for a joint appointment.

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

VOTED: To appoint Lisa Clough to the Finance Committee to fill the unexpired term of Michael McCarrick.

A roll call of the Board and the Finance Committee was completed. The vote was unanimous.

NEW BUSINESS

Request to Declare Brook Street as "Routinely Maintained & Used as a Public Way

The Board received a letter from Jonathan Pink, of Azor Land Sciences Inc. to declare Brook Street as routinely maintained and used as a public way.

A letter was received from the Highway Superintendent informing the Board that Brook Street has been maintained as a public way since 1975.

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

VOTED: To declare Brook Street from Plympton Street to Soule Street as routinely maintained and used as a public way.

Unanimous Vote.

 

 

Request to Approve Storage of House Trailer – Tammy Horsman

The Board received a request from Tammy Horsman, 17 Fairview Street, to allow the storage of an unoccupied trailer at that address for 90 days.

Bill Gedraitis was present. He told the Board that Ms. Horsman had been ordered by the Building Department to remove it or obtain permission and permits within ten (10) days. It should not have been brought in without proper Building Permits and Zoning Board approval. Mr. Gedraitis recommended the trailer be removed within 30 days.

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

VOTED: To order an unoccupied house trailer, stored at 17 Fairview Street, to be removed within 30 days.

Unanimous Vote.

Request to Appoint Representative – Plymouth County Advisory Board

Upon motion by Selectman Wiksten and seconded by Chairman Perkins, the Board

VOTED: To appoint Selectman Eayrs as the Board’s representative to the Plymouth County Advisory Board.

Unanimous Vote.

Request for Change of Location on Second Hand License – "The Cheap Store"

The Board received a request from Charlene Badejo for approval to change the location on her second hand license for "The Cheap Store" to 321 West Grove Street. Ms. Badejo was present.

Selectman Eayrs noted a letter that was received from abutters on Rock Street, near Ms. Badejo’s residential property. They are complaining about the storage of goods for her store on that property. This includes parking a truck and trailer on the street.

Ms. Badejo said nothing is being sold from that property, and the truck and trailer are parked there occasionally. Ms. Badejo questioned what this issue had to do with her request. She said she is moving to a bigger location, and storage on her residential property would no longer be needed.

Ms. Badejo said she has spoken to the Police and Fire Departments and is in compliance with the parking.

Ms. Badejo told the Board she is in the process of moving her business and has stored things at her residence.

Mr. Healey noted that the new location is significantly larger, and suggested a condition on the License that would allow no surplus materials to be stored on the residential property on Rock Street, or in vehicles on the street.

Norman Record, an abutter, was also present. He said that he lives a couple of houses down from Ms. Badejo and said that the trailer is not big, but a pick-up truck.

Jennifer Dargelis, the abutter who wrote the letter, told the Board that Ms. Badejo currently has five (5) mattresses in her driveway. She and her husband purchased their property a year ago and this has been an ongoing problem.

Harry Pickering told the Board that he had viewed the property, and the problem was that the truck was not parked in front of Ms. Badejo’s house, but someone else’s.

Selectman Eayrs made a motion, seconded by Selectman Wiksten, to grant the change of location for "The Cheap Store" to 321 West Grove Street, for the hours of 9:00 AM to 9:00 PM Sunday through Friday, and 9:00 AM to 12:00 AM on Saturday, subject to the following conditions:

  1. No parking trucks and trailers in front of her Rock Street property;
  2. No storing of wares of her business outside on the residential property or on the street;
  3. Violations of the conditions will result in immediate suspension of the license.

Ms. Badejo said she has been operating her business for four (4) years, parking at that location. She noted that Ms. Dargelis operates a DJ business, and said she has complained about this.

Mr. Healey noted that the DJ business is a "customary home occupation", while Ms. Badejo’s is not.

Ms. Badejo said she would have brought witnesses tonight had she known that the parking issue would be discussed.

Chairman Perkins noted that, as a Board, they have a right to put limitations on a license. He said that they also have to deal with the complaints.

Selectman Wiksten suggested amending the motion to allow parking of the truck and trailer not loaded. Selectman Eayrs accepted the amendment. The Board unanimously voted the following:

To grant the change of location for "The Cheap Store" to 321 West Grove Street, for the hours of 9:00 AM to 9:00 PM Sunday through Friday, and 9:00 AM to 12:00 AM on Saturday, subject to the following conditions:

    1. Loaded trucks and trailers may not be parked on Rock Street; and
    2. Wares of the business may not be stored on residential property located at 14 Rock Street.
    3. Violation of the conditions will result in immediate suspension of the license.

Andy Dargelis asked that the Board consider allowing parking on one side only on Rock Street. He noted the difficulty of a fire truck getting down the street with parking on both sides.

Request to Expend Funds – Robert Lessard

Mr. Lessard told the Board that he is requested the authorization to expend funds to provide a plaque for Patrick Regan, who was voted as an honorary citizen of Middleborough at the last Annual Town Meeting. The plaque will be similar to the one that was created for Wayne Caron.

Selectwoman Brunelle questioned whether or not the request should come from the new Veterans Agent. Mr. Healey explained that he has not begun work yet.

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

VOTED: To authorize Robert Lessard to expend Town funds for the purpose of creating a plaque for Patrick Regan.

Unanimous Vote.

The plaque will cost about $75 to $85.00.

Discussion ensued on providing a permanent display outside.

Kevin Cook was present, as well as other veterans. He told the Board that the Veterans Council had met on Sunday and several issues were raised:

Mr. Cook felt there should be a memorial park area outside with benches.

Chairman Perkins asked that the Veterans Council work with the new Veterans Agent to come up with a "master plan".

Selectman Eayrs noted that WWII, the Korean War and the Vietnam War veterans should also be memorialized.

Mr. Cook said the Veterans Council will raise funds from citizens and businesses of the Town. They do not want it to come from the Town Budget.

Selectwoman Brunelle said that the WWI plaques need to be restored. She also noted that the Memorial Junior High School was thought to be a more appropriate place because it had been dedicated to WWI when it was built.

Request to Sign Amended License to Store – 158 Center Street

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

VOTED: To sign an amended License to Store for property located at 158 Center Street, owned by Badat Inc., 6707 Vickie Springs Ln, Houston, TX 77086.

Unanimous Vote.

Request to Sign Order of Taking, Deed and Plan – Plymouth Street School

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

VOTED: To approve and sign the Order of Taking, Deed and Plan for the sale of the Plymouth Street School to Ryan Rose.

Unanimous Vote.

The closing is scheduled for August 13, 2002.

Request to Sign Easement and Deed – Habitat for Humanity – 93 Oak Street

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

VOTED: To approve and sign the Easement, and Deed for property located at 93 Oak Street.

Unanimous Vote.

Request to Approve Changes to Affordable Housing Restriction – 93 Oak Street

The Board received correspondence from Attorney Murray saying that the State had requested changes on the Affordable Housing Restriction. The Board received a letter from Habitat for Humanity accepting the changes.

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

VOTED: To approve the changes to the Affordable Housing Restriction as requested by the legal counsel for the Department of Housing and Community Development.

Unanimous Vote.

OLD BUSINESS

There was no "Old Business" to discuss tonight.

 

TOWN MANAGER’S REPORT

VOTED: To authorize "No Overnight Parking" signs to be placed on the Town lot behind the Parish Hall between Pearl Street and Oak Street.

Unanimous Vote.

The Police Department has requested help in dealing with a problem of "squatters" parking and living in vehicles.

Selectwoman Brunelle noted that the EMS Committee was to be notified. Mr. Healey said he would do this once the dates were set.

Selectwoman Brunelle asked if the time of the meeting could be changed to the evening. Mr. Healey agreed. The date was changed to Wednesday, August 21st , at 7:00 PM.

Selectman Wiksten noted that he was not pleased with the last contract. He suggested the Town find out what other communities are requiring, i.e. updated equipment, and hold AMR to it.

It was noted that Selectman Rogers is the Board’s representative in the negotiations. Selectman Wiksten suggested putting any concerns or ideas in writing to be presented.

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

VOTED: To reserve space on the Town Meeting Warrant to authorize the sale of 23 acres of land at the Rochester/Wareham Town Line acres from SEMASS.

Unanimous Vote.

An Opinion of Value will be obtained.

Selectwoman Brunelle asked for an update on the land on Rte. 28. Mr. Healey said an RFP is being prepared. He said this would not be done in time for the next Town Meeting. The RFP will be put out in September.

Selectwoman Brunelle asked Mr. Healey to check if there are restrictions on the money raised by selling Town-owned properties. She questioned whether or not it could be put into the General Fund.

The Town’s preliminary local contribution was calculated at $10,377.863. The Town’s excess debt figure was $284,310. The excess debt reduces the Town’s minimum local contribution to $10,093,553. - $846,050 above the previous years funding level of $9,247,503.

The Town’s Foundation Budget level was set at $24,105,968.

When the legislature level funded the Town’s Chapter 70 at $13,761,293, net school spending was $23,854,846 or $251,122 below the Foundation Budget figure.

Mr. Healey pointed out that Chapter 70, Section 2 and an accompanying "Work Book" show that a Town’s minimum local contribution can be reduced by the excess debt service amount "….provided, however, that in no case shall said reduction result in a reduction of net school spending to an amount less than the foundation budget amount."

When the legislature approved a Chapter 70 figure for Middleborough of $13, 761,293 – not one red cent higher than last year – the Town’s net school spending figure (Chapter 70 plus Town contribution) was determined and was $251,122 below Foundation Budget.

This shortfall requires the Town to provide an additional $251,122 in funds to the School Department, effectively giving back $251,122 of the $284,310 excess debt credit in order to make the net school spending number match the Foundation Budget number of $24,105,968.

In addition, Mr. Healey told the Board that a new law has been passed that would require 50% of Medicaid reimbursements, regardless of any agreement, to go directly to the School Department to be expended without further appropriation.

Chairman Perkins said it is unconscionable what the legislatures have done to the Town.

Selectwoman Brunelle asked what would happen if the Town did not pay it. Mr. Healey said he asked Rep. O’Brien that question, who answered that "you won’t go to jail".

Chairman Perkins noted that firmer numbers should be available by the end of this week. He suggested having a meeting next Monday night. The FinCom, Assessors, Town Accountant, and Town Treasurer will be invited to the meeting.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by Gale Associates, Inc. for the gasoline spill at the Fire/Police Stations in the amount of $3,561.74.

Unanimous Vote.

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

VOTED: To pay three (3) bills submitted by Verizon in the amounts of $21.90, $21.91 and $21.92, totaling $65.73.

Unanimous Vote

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

VOTED: To pay the bill submitted by Massachusetts Municipal Association for the annual dues in the amount of $2,478.00.

Unanimous Vote

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

VOTED: To pay the bill submitted by Consultants to Management for work on GASB 34 in the amount of $1,230.00.

Unanimous Vote

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

VOTED: To pay the bill submitted by the Middleborough Gas & Electric Department in connection with the gasoline spill at the Fire/Police Stations in the amount of $125.08.

Unanimous Vote

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 $11.73, $5.35, $5.35 and $5.35, totaling $27.78.

Unanimous Vote

OTHER

There was no "Other Business" discussed tonight.

 

CORRESPONDENCE

 

 

 

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

VOTED: To enter into Executive Session at 9:55 PM, not to return to Open Session, for the purpose of discussing Litigation and Negotiations.

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

VOTE 4 – 0

 

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN