SELECTMEN’S MEETING

JULY 12, 2004

 

 

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

 

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

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of June 21, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of June 28, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of June 28, 2004.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Earth Removal Permit – Hannula – Wood 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, July 12, 2004, at 7:05 PM, for the purpose of discussing an application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Oiva Hannula & Sons, for an Earth Removal Permit for property located on Wood Street, Middleborough, MA, Assessors Map 065 Lot 5726 & Map 071 Lot 213.  The reason for this request is for the continuation of an earth removal and expansion of existing agricultural activities.  (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.  He returned the green cards.

 

Mr. Amaral told the Board that the request is for an ongoing earth removal.  The new phase of the Permit is being proposed.  The project was previously permitted in November of 2002.  It has been brought down to a grade that the applicant can go ahead and continue construction at a later date.  Phase 1 included the reservoir and the grading of the side slopes.

 

The proposed Phase 2 will be to create the first four (4) bogs in the southwest corner of the property.  Mr. Amaral said that one area had to have wetlands replacement under the Order of Conditions from the ConCom.  This has been completed and inspected, and has been satisfactorily restored.

 

Mr. Healey said inspections for the current Earth Removal Permit have always gone well, and there have been no violations.

 

Chairman Perkins noted that the completion time for Phase 1 was substantially shortened from what was originally approved.

 

Jane Lopes asked what amount of material would be removed.

 

Mr. Amaral said 300,000 cubic yards.

 

Mr. Amaral told the Board that Phase 3 will be to complete two (2) additional bogs located in the southwest corner of the property.  About another 28,000 cubic yards will be removed at that time.

 

Mr. Amaral said the applicant is requesting three (3) years to complete the project, which is double the amount of Phase 1.

 

Mr. Healey noted that Phase 1 is currently active.  He asked Mr. Amaral if the request was for authorization to begin Phase 2 under this Permit when the Board determines it is substantially complete. 

 

Mr. Amaral said yes.

 

Selectwoman Brunelle noted that the “checklist” in the application had not been completed.

 

Hearing no further discussion, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request made by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Oiva Hannula & Sons, for a 3-year Earth Removal Permit to remove 300,000 cubic yards of material on property located on Wood Street, Middleborough, MA, Assessors Map 065 Lot 5726 & Map 071 Lot 213, pending the review by the Board’s Agent and determination that Phase 1 is substantially complete, and a completed checklist is on file.

            Unanimous Vote.

 

Selectman Wiksten suggested asking Town Counsel about the possibility of requesting a performance bond to be used as a penalty should the project not be completed.  It was noted that the current bond placed on the permits is to be used to complete the project.

 

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

VOTED:  To contact Town Counsel regarding the Board’s intent to request an applicant provide a penalty payment bond should the project not be completed as shown on the approved  plan.

            Unanimous Vote.

 

Hearing – Request for Transfer & Change of Location of All Alcohol Package Store License – “Middleborough Circle Liquors”

 

Chairman Perkins read the following:  “A hearing will be held by the Middleborough Board of Selectmen on Monday, July 12, 2004, at 7:30 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing the request made by C.V.L. Inc. d/b/a Middleborough Circle Liquors, for a transfer of an Annual All Alcohol Retail Package Store License from M.D.A. Limited, and a Change of Location to 554 West Grove Street, Assessors Map 048 Lot 1113, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Mitchell Kirkland III, President of C.V.L., Inc., was present.  He returned the green cards.

 

Chairman Perkins told the Board that he has known Mr. Kirkland since 1964, having worked with him, and knows him to be an upstanding citizen.  He also noted that Mr. Kirkland has previously operated a package store in Wareham.

 

Mr. Kirkland noted that the request is to move back to Circle Liquors original location at the rotary circle.  He said he is aware of the current problems with deliveries at the South Main Street location. 

 

Chairman Perkins asked if Mr. Kirkland was leasing the entire premises at the rotary circle.

 

Mr. Kirkland said the gasoline business would be separate.  He will have parking on both sides and the rear of the property.

 

Mr. Kirkland told the Board that he has 17 years experience running a package store, and had one (1) violation in that time – failing a police sting when an employee did not do his job.  The License had been revoked for three (3) days.

 

Selectman Bond asked what training Mr. Kirkland had.

 

Mr. Kirkland said TIPS.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

 

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

VOTED:  To approve the request made by C.V.L. Inc. d/b/a Middleborough Circle Liquors, for a transfer of an Annual All Alcohol Retail Package Store License from M.D.A. Limited, and a Change of Location to 554 West Grove Street, Assessors Map 048 Lot 1113.

            Unanimous Vote.

 

Mr. Kirkland said he would operate the business at the same hours as it is currently operated.  He was not sure if he would open on Sundays.

 

Request for Underground Storage Permit – Delta Realty, LLC – 453 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 July 12, 2004 at 8:00 PM, for the purpose of discussing an application filed by Delta Realty, LLC, 48 Meadowview Road, Groton, MA  01450, for a License for Underground Fuel storage for property located at 453 Wareham Street, Assessors Map 087 Lot 2313.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Chairman Perkins explained that Attorney Robert Mather, representing the applicant, had appeared prior to tonight’s meeting to tell the Board that he had a conflict for the 8:00 meeting.  He said he was scheduled to meet on another matter in another town.  He returned the green cards, and indicated that nothing had changed in the request for this permit, as had been expressed at the WRPD Permit hearing.

 

Fire Chief, Bob Silva, reminded the Board that they had wanted to impose a restriction to replace the tanks in 30 years.  Chief Silva noted that the License goes with the property and applies to whoever owns it.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request made by Delta Realty, LLC, 48 Meadowview Road, Groton, MA  01450, for a License for Underground Fuel storage for property located at 453 Wareham Street, Assessors Map 087 Lot 2313, with a provision that storage units be replaced no later than 30 years from the date of installation.

            Unanimous Vote.

 

Hearing (cont.) – Request for Class II License – T&M Enterprises – 581 Wareham Street

 

Chairman Perkins noted that this hearing had been continued from two (2) weeks ago at the request of the applicant.

 

Ralph Hunt and Brenda Hubbard were present.

 

Ms. Hubbard told the Board that the Building Inspector had come to the property and asked that hot water be put in the bathroom.  Ms. Hubbard said this will be done.

 

Ms. Hubbard told the Board that the garage is a “disaster area”, but she is not renting this, but rather this is part of Mr. Hunt’s business.  She said she is renting office space, and part of the lot on the right and in front.

 

Chairman Perkins noted that the original application had included Ralph Hunt as a co-partner.

 

Ms. Hubbard said she had put his name on the request because he owns the property.

 

Chairman Perkins noted there is no current license for the property.  The last Class II License issued was in 1999.  there is also no active business certificate on file at the Town Clerk’s office for any type of business.

 

Mr. Hunt said he has been paying taxes on the business.

 

Chairman Perkins also noted that the Treasurer/Collector has informed the Board that the applicant owns personal property taxes for 2004, and two (2) excise tax bills.

 

Mr. Hunt said he would take care of this.

 

Mr. Healey noted reports from the Building and Health Departments.  He said Ms. Hubbard has expressed her willingness to install hot water in the bathroom.  There are still some parts and vehicles left on the property.  He said the property is not changing hands so a Title 5 Certificate cannot be required.  He said Ms. Hubbard has had a positive influence on Mr. Hunt to clean-up the property, noting that it is in better condition than it has been in many years.  He said Ms. Hubbard will continue to make improvements on the property, and he therefore recommended approval of the Class II License for 20 vehicles, with the condition that hot water be installed in the bathroom.  He pointed out that this is an annual license, and strict inspections are made on the property.

 

Mr. Healey said this has been a difficult situation, and the applicant is not 100% there yet, but has shown enough good faith to warrant the issuance of the License.

 

Selectman Wiksten said he totally disagreed.  He said he wanted things done before issuing the License.  He said this has gone on far too long.

 

Selectman Wiksten noted that two (2) motor homes are still parked on the front of the property.  He said Mr. Hunt had been asked to remove these.  He said Mr. Hunt has told the Board that he will not remove these until the License is issued.

 

Mr. Hunt said he was “grandfathered” into the repair shop.

 

Selectwoman Brunelle noted that a Business Certificate is needed.  She asked if Ms. Hubbard would do any vehicle repairs.

 

Ms. Hubbard said she hoped it would not be necessary.

 

Selectwoman Brunelle said there are three (3) issues to confront before the License should be issued.  Selectman Bond agreed, noting the same issues continue to come up.

 

Ms. Hubbard said she wanted to “move this along”.  She said the place was a junkyard, and no longer looks like that.  She withdrew her application, saying “Middleboro is new business unfriendly”.

 

Chairman Perkins closed the hearing.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

There was no update on the FY’05 budget tonight.

 

Request to Approve & Sign Septic Betterment – Levesque – 6 Homestead Road

 

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

VOTED:  To approve and sign a Septic Betterment for property located at 6 Homestead Road in the amount of $11,027.00.

            Unanimous Vote.

 

Request to Approve & Sign Septic Betterment – Silva – 62 Wall Street

 

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

VOTED:  To approve and sign a Septic Betterment for property located at 62 Wall Street in the amount of $28,892.00.

            Unanimous Vote.

 

Request to Approve & Sign Monitoring Services Agreement – Land Use Associates

 

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

VOTED:  To approve and sign the Monitoring Services Agreement with Land Use Associates in regards to property known as “Tispaquin Farms”.

            VOTE 4 – 1 (Selectman Andrews opposed)

 

Request to Approve Expenditure – Treasurer/Collector

 

Chairman Perkins read a letter from the Treasurer/Collector requesting to expend funds from the Maria L.H. Drinking Fountain Trust Fund to provide a new water cooler and it’s installation at the Library.

 

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

VOTED:  To authorize the Treasurer/Collector to expend $985.00 from the Maria L.H. Drinking Fountain Trust Fund to provide a new water cooler and it’s installation at the Library.

            VOTE 4- 1 (Selectman Andrews opposed)

 

Selectman Andrews said he opposed because more information was not provided, such as additional quotes.  He also noted that the Library Board of Trustees should have given the Board the courtesy of telling them that they were approving this.

 

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

VOTED:  To notify the Treasurer/Collector, and the Library Board of Directors, that requests such as these should be approved by the Board prior to the installation with a complete explanation as to why it is needed and a full explanation of the cost, including additional quotes.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Middleboro Little League

 

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

Voted:  To approve the request made by Middleboro Little League, and Professional Bartending, to rent the Town Hall Auditorium on Friday, July 30, 2004 from 5PM to 11PM, and to issue a one day liquor permit, and to waive the rental fee.

            Unanimous Vote.

 

Selectman Wiksten volunteered to be the person responsible for opening and closing the building.

 

Request to Appoint Members to Building Study Committees – Town Moderator

 

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

VOTED:  To appoint Selectman Wiksten as the Board’s representative to the Police Station Building Study Committee.

            Unanimous Vote.

 

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

VOTED:  To appoint Selectwoman Brunelle as the Board’s representative to the DPW Building Study Committee.

            Unanimous Vote.

 

Selectman Andrews said he intended to “float” between meetings from time to time to give input.

 

Request to Place Stop Signs – Police Chief

 

Mr. Healey asked, that for legal reasons, this item be tabled for two (2) weeks to gather additional information.  He noted that the Police Chief and the Highway Superintendent are both on vacation.

 

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

VOTED:  To postpone action until the Police Chief and Highway Superintendent return from vacation.

            Unanimous Vote.

 

Request to Appoint Police Officers – Police Chief

 

Chairman Perkins read a letter from Lt. Gates, on behalf of the Police Chief, requesting the appointment of two (2) officers.

 

Chairman Perkins noted that the Police Chief had originally thought the Police Academy training was to start in August, but has since learned that he will begin on July 26th.

 

Selectwoman Brunelle asked how many current openings there are.

 

Chairman Perkins said he believed it to be 2 or 3.

 

Selectwoman Brunelle asked to go into Executive Session to discuss this before finalizing the appointment.

 

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

VOTED:  To enter into Executive Session at 7:40 PM, to discuss pending Litigation, to return to Open Session.

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

            VOTE 5 – 0

 

-----RETURN TO OPEN SESSION-----

 

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

            VOTED:  To appoint the following individuals to the Police Department:

            Brett D. Collins                     Effective July 26, 2004

            Nathan J. Ferbert                     Effective July 26, 2004

            Unanimous Vote.

 

Request To Expend Funds for Special Counsel – ZBA

 

The Board has been informed that Town Counsel has told the ZBA that there is not enough funding for Special Counsel in his budget.  The ZBA has suggested spending from this account, and supplementing it in the Fall.

 

Chairman Perkins noted that Special Counsel is needed on the appeal for the St. Luke’s project.

 

Selectwoman Brunelle asked that Dan Murray provide something to the Board saying he is willing to agree to this.

 

Mr. Healey noted that it is the Town’s legal budget that Town Counsel is paid from.  He said the Board has appointed Attorney Jon Witten, and payment will be needed between now and the Fall.  He suggested a determination be made as to how much funding will be needed to complete the year.

 

Selectwoman Brunelle suggested also getting estimates for pending legal matters.

 

Selectwoman Brunelle said the Board does not approve Town Counsel’s bills.  She questioned the procedure.

 

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

VOTED:  To authorize required payments of Special Counsel for the ZBA in anticipation of a request for a supplement at Fall Town Meeting, and to ask the ZBA to provide estimates as to a required amount between now and June 30, 2005, and to schedule a meeting with the ZBA.

            Unanimous Vote.

 

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

VOTED:  To set up a policy with Town Counsel, to designate someone to discuss matters during his absence.

            Unanimous Vote.

 

OLD BUSINESS

 

Update on Eagles Club

 

Selectman Bond told the Board that he and Mr. Healey had visited this site today.  He said the site is currently being investigated for asbestos.  Once this issue has been reviewed, demolition can begin.  He noted that Mr. Medeiros has set up fencing to make it difficult to access the roof.  He said Mr. Medeiros is doing his best to comply with the issues that have to be addressed.

 

Request for Certificate of Completion – Korpinen Cranberries – Tispaquin Street

 

A field visit to the site was completed by Selectman Wiksten and Chairman Perkins.  They met with Betty Brown and her engineer to look at the plan and see what has been accomplished.

 

Chairman Perkins said he is comfortable with approve the project based on the as-built.  He said the grades look good and bogs have been planted.

 

Selectman Wiksten said he was concerned with issuing a Certificate of Completion, but said the project is “unique”.  The removal was in the middle of the property and doesn’t effect any abutters.  He said this is not seen from the road as an “eyesore”.

 

The Board discussed a letter from the ConCom.  Although the ConCom plan and the as-built bear no resemblance to each other, it as noted that there does not appear to be any violation of the Wetlands Protection Act on Mass. Dept. of Environmental Protection’s new aerial photograph of the area.

 

Mr. Healey noted that the area labeled as “pond” was not completed.

 

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

VOTED:  To adopt the as-built plan dated May 4, 2004 as the plan on record for the Earth Removal project on Tispaquin Street completed by Korpinen Cranberries.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)

 

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

VOTED:  To issue a Certificate of Completion for Earth Removal Permit #99-6 based on the as-built.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)

 

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

VOTED:  To notify Betty Brown that it is the responsibility of Korpinen Cranberries to see that the vote of the Board is entered into the Registry of Deeds, and proof is supplied to the Board to close out the file.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)

 

Edgeway Mobile Home Park

 

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

            VOTED:  To postpone this discussion for two (2) weeks.

            Unanimous Vote.

 

TOWN MANAGER’S REPORT

 

There was no ‘Town Manager’s Report’ tonight as the Town Manager has been on vacation.

 

 

 

 

SELECTMEN’S BILLS

                       

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $232.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $12,288.14.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by MMA for dues in the amount of $2,528.00.

            Unanimous Vote.

 

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

VOTED:  To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $28.28, $5.68 and $37.86, totaling $71.82.

            Unanimous Vote.

 

OTHER

 

Nemasket Interceptor Contract

 

Mr. Healey presented contracts that the Board had previously voted to approve. 

 

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

VOTED:  To authorize the Board to sign the Nemasket Interceptor Contract and distribute them.

Unanimous Vote.

 

Use of Town-owned Vehicles

 

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

VOTED:  To notify Departments and the Police Chief that requests for use of old cars be referred to the Board of Selectmen for authorization.

            Unanimous Vote.

 

Mr. Healey was asked to provide the Board with a list of Town-owned vehicles, who has them, and for what purpose they’re used.  The cost of maintenance, gas, and insurance should be included.

 

 

CORRESPONDENCE

 

ü      Mr. Healey will follow-up on notification of the Self-Help, Urban Self-Help and federal Land and Water Conservation programs.

 

ü      It was noted that Hillcrest Mobile Home Park had been officially designated as a “55 and over” park as a condition of their expansion in 1986.

 

ü      Mr. Healey will get an update in regards to the Nemasket River Bridge.

 

ü      Discussion ensued on correspondence from Weston & Sampson regarding the cleaning and lining additional project costs.

 

Selectman Andrews said this is why he had opposed a previous contract vote.  He expressed concerns with how the Town enters into contracts with subcontractors and consultants, paying to finish contracts that were not done properly.  He said there needs to be a contract review process to protect the Town.

 

Selectman Wiksten agreed, noting if there is a 10% contingency clause, “they find a way to spend it”.

 

Discussion ensued on why departments were not involved in the original bid process for the cleaning and lining project.  Selectman Andrews said that Weston & Sampson was hired because they’re the experts and professionals.  He said their job is to protect the Town’s interest.

 

Selectman Wiksten noted the engineering costs are almost as much as the cost of the project.

 

Chairman Perkins suggested Mr. Healey follow-up on this.  He noted that the Board is in the process of inviting Town Counsel to meet with them, and this should be part of the discussion.

 

Selectman Bond said there needs to be tighter contract language.

 

Selectman Wiksten asked when the shut-off at Jackson and Lincoln Streets will be fixed.

 

Mr. Healey said he was informed today that this is part of the contract, and Walsh will replace it.  He said he will advise the Board as to when it will be done.

 

ü      The Board Secretary will attend a training in Quincy on Wednesday, July 21st for a seminar sponsored by the ABCC.

 

 

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

VOTED:  To enter into Executive Session at 9:10 PM, for the purpose of hearing a grievance, and discussing Contract Negotiations, not to return to Open Session.

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

           VOTE 5 – 0

 

 

 

                                                        

Diane Henault, Secretary

BOARD OF SELECTMEN